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| Public Act 095-0651 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Assisted Living and Shared Housing Act is | ||||
amended by changing Section 160 as follows:
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(210 ILCS 9/160)
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Sec. 160. Assisted Living and Shared Housing Regulatory | ||||
Fund. There is
created in the
State treasury a special fund to | ||||
be known as the Assisted Living and Shared
Housing Regulatory
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Fund. All moneys received by the Department under this Act and | ||||
the Board and Care Home Registration Act shall be deposited
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into the Fund.
Subject to appropriation, moneys in the Fund | ||||
shall be used for the
administration of this Act and the Board | ||||
and Care Home Registration Act.
Interest earned on moneys in | ||||
the Fund shall be deposited into the Fund.
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(Source: P.A. 94-21, eff. 1-1-06.)
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Section 10. The Hospital Licensing Act is amended by | ||||
changing Section 6.09 as follows:
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(210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)
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Sec. 6.09. (a) In order to facilitate the orderly | ||||
transition of aged
and disabled patients from hospitals to | ||||
post-hospital care, whenever a
patient who qualifies for the
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federal Medicare program is hospitalized, the patient shall be | ||
notified
of discharge at least
24 hours prior to discharge from
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the hospital. With regard to pending discharges to a skilled | ||
nursing facility or if home health services are ordered, the | ||
hospital must inform its designated case coordination unit, as | ||
defined in 89 Ill. Adm. Code 240.260, of the pending discharge | ||
and must provide the patient with the case coordination unit's | ||
telephone number and other contact information.
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(b) Every hospital shall develop procedures for a physician | ||
with medical
staff privileges at the hospital or any | ||
appropriate medical staff member to
provide the discharge | ||
notice prescribed in subsection (a) of this Section. The | ||
procedures must include prohibitions against discharging or | ||
referring a patient to any of the following if unlicensed, | ||
uncertified, or unregistered: (i) a board and care facility, as | ||
defined in the Board and Care Home Registration Act; (ii) an | ||
assisted living and shared housing establishment, as defined in | ||
the Assisted Living and Shared Housing Act; (iii) a facility | ||
licensed under the Nursing Home Care Act; (iv) a supportive | ||
living facility, as defined in Section 5-5.01a of the Illinois | ||
Public Aid Code; or (v) a free-standing hospice facility | ||
licensed under the Hospice Program Licensing Act if licensure, | ||
certification, or registration is required. The Department of | ||
Public Health shall annually provide hospitals with a list of | ||
licensed, certified, or registered board and care facilities, | ||
assisted living and shared housing establishments, nursing | ||
homes, supportive living facilities, and hospice facilities. | ||
Reliance upon this list by a hospital shall satisfy compliance | ||
with this requirement.
The procedure may also include a waiver | ||
for any case in which a discharge
notice is not feasible due to | ||
a short length of stay in the hospital by the patient,
or for | ||
any case in which the patient voluntarily desires to leave the
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hospital before the expiration of the
24 hour period.
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(c) At least
24 hours prior to discharge from the hospital, | ||
the
patient shall receive written information on the patient's | ||
right to appeal the
discharge pursuant to the
federal Medicare | ||
program, including the steps to follow to appeal
the discharge | ||
and the appropriate telephone number to call in case the
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patient intends to appeal the discharge.
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(Source: P.A. 94-335, eff. 7-26-05.)
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Section 15. The Board and Care Home Registration Act is | ||
amended by changing Sections 1, 2a, 3, and 7 as follows:
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(225 ILCS 7/1)
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Sec. 1. Short title. This Act may be cited as the Board and | ||
Care Home Registration Act.
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(Source: P.A. 89-387, eff. 8-20-95.)
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(225 ILCS 7/2a)
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Sec. 2a. Staff. The staff of the facility may provide room,
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housekeeping, meals, protective oversight and other types of | ||
assistance to the
residents, as permitted under the Assisted | ||
Living and Shared Housing Act.
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(Source: P.A. 89-387, eff. 8-20-95.)
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(225 ILCS 7/3)
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Sec. 3. Licensure
Registration.
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(a) Every board and care home located in this
State shall | ||
be licensed by
register with the Department. Registration shall | ||
be in the form
prescribed by the Department as a shared housing | ||
or assisted living establishment under the Assisted Living and | ||
Shared Housing Act.
and shall include the following:
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(1) The name, address, and telephone number of the | ||
facility.
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(2) The name, address, and telephone number of the | ||
owner of the facility.
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(3) The number of residents of the facility.
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(4) A registration fee, as determined, by the | ||
Department.
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(b) (Blank).
Every registration issued under this Act shall | ||
be valid for 2 years.
Upon
renewal, the facility must re-apply | ||
and meet the registration requirements
under this Section.
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(c) (Blank).
The Department shall promulgate rules to | ||
protect the rights and safety
of
the residents and to enforce | ||
the provisions of this Act.
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(d) No public official, agent, or employee may place any | ||
person in, or recommend that any person be placed in, or | ||
directly or indirectly cause any person to be placed in any | ||
board and care home that is not licensed as an assisted living | ||
or shared housing establishment
registered. | ||
(e) No public official, agent, or employee may place the | ||
name of an unlicensed
unregistered establishment that is | ||
required to be licensed
registered under this Act on a list of | ||
programs. | ||
(f) Failure of a board and care home to comply with the | ||
provisions of this Section is punishable by a fine of up to | ||
$1,000. | ||
(g) Failure of a board and care home to comply with the | ||
provisions of this Section within 90 days after the initial | ||
finding of noncompliance is punishable by a fine of $1,000 on | ||
each day the provisions of this Section are not complied with.
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(Source: P.A. 94-21, eff. 1-1-06.)
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(225 ILCS 7/7)
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Sec. 7. Assisted Living and Shared Housing Regulatory Fund. | ||
All licensure
registration fees and fines collected pursuant to | ||
the provisions of this Act shall be deposited into the Assisted | ||
Living and Shared Housing Regulatory Fund. Subject to | ||
appropriation, moneys deposited into the Fund shall be used for | ||
the administration of this Act and the Assisted Living and | ||
Shared Housing Act.
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(Source: P.A. 94-21, eff. 1-1-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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