| ||||
| Public Act 098-0523 | ||||
| ||||
| ||||
AN ACT concerning regulation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Nursing Home Care Act is amended by changing | ||||
Section 2-201 as follows:
| ||||
(210 ILCS 45/2-201) (from Ch. 111 1/2, par. 4152-201)
| ||||
Sec. 2-201. To protect the residents' funds, the facility:
| ||||
(1) Shall at the time of admission provide, in order of | ||||
priority,
each resident, or the resident's guardian, if any, or | ||||
the resident's
representative, if any, or the resident's | ||||
immediate family member,
if any, with a written statement | ||||
explaining to the resident and to the
resident's spouse (a) | ||||
their spousal impoverishment rights, as defined at
Section 5-4 | ||||
of the Illinois Public Aid Code, and at Section 303 of Title | ||||
III of the Medicare Catastrophic
Coverage Act of 1988 (P.L. | ||||
100-360), and (b) their obligation to comply with the asset and | ||||
income disclosure requirements of Title XIX of the federal | ||||
Social Security Act and the regulations duly promulgated | ||||
thereunder, except that this item (b) does not apply to | ||||
facilities operated by the Illinois Department of Veterans' | ||||
Affairs that do not participate in Medicaid, and (c) the
| ||||
resident's rights regarding personal
funds and listing the | ||||
services for which the resident will be charged. The
facility | ||||
shall obtain a signed acknowledgment from each resident or the
| ||
resident's guardian, if any, or the resident's representative, | ||
if any, or
the resident's immediate family member, if any, that | ||
such person has
received the statement and understands that | ||
failure to comply with asset and income disclosure requirements | ||
may result in the denial of Medicaid eligibility.
| ||
(2) May accept funds from a resident for safekeeping and | ||
managing, if
it receives written authorization from, in order | ||
of priority, the resident
or the resident's guardian, if any, | ||
or the resident's representative,
if any, or the resident's | ||
immediate family member, if any; such authorization
shall be | ||
attested to by a witness who has no pecuniary interest in the | ||
facility
or its operations, and who is not connected in any way | ||
to facility
personnel or the administrator in any manner | ||
whatsoever.
| ||
(3) Shall maintain and allow, in order of priority, each | ||
resident
or the resident's guardian, if any, or the resident's | ||
representative,
if any, or the resident's immediate family | ||
member, if any, access to a
written record of all financial | ||
arrangements and transactions involving
the individual | ||
resident's funds.
| ||
(4) Shall provide, in order of priority, each resident, or | ||
the resident's
guardian, if any, or the resident's | ||
representative, if any,
or the resident's immediate family | ||
member, if any, with a written itemized
statement at least | ||
quarterly, of all financial transactions involving
the | ||
resident's funds.
| ||
(5) Shall purchase a surety bond, or otherwise provide | ||
assurance
satisfactory to the Departments of Public Health and | ||
Insurance that all
residents' personal funds deposited with the | ||
facility are secure against
loss, theft, and insolvency.
| ||
(6) Shall keep any funds received from a resident for | ||
safekeeping in an
account separate from the facility's funds, | ||
and shall at no time withdraw
any part or all of such funds for | ||
any purpose other than to return the
funds to the resident upon | ||
the request of the resident or any other person
entitled to | ||
make such request, to pay the resident his allowance, or to
| ||
make any other payment authorized by the resident or any other | ||
person
entitled to make such authorization.
| ||
(7) Shall deposit any funds received from a resident in | ||
excess of $100 in
an interest bearing account insured by | ||
agencies of, or corporations chartered
by, the State or federal | ||
government. The account shall be in a form which
clearly | ||
indicates that the facility has only a fiduciary interest in | ||
the
funds and any interest from the account shall accrue to the | ||
resident. The
facility may keep up to $100 of a resident's | ||
money in a non-interest bearing
account or petty cash fund, to | ||
be readily available for the resident's current
expenditures.
| ||
(8) Shall return to the resident, or the person who | ||
executed the written
authorization required in subsection (2) | ||
of this Section, upon written
request, all or any part of the | ||
resident's funds given the facility for
safekeeping, including | ||
the interest accrued from deposits.
| ||
(9) Shall (a) place any monthly allowance to which a | ||
resident is entitled
in that resident's personal account, or | ||
give it to the resident, unless
the facility has written | ||
authorization from the resident or the resident's
guardian or | ||
if the resident is a minor, his parent, to handle it
| ||
differently, (b) take all steps necessary to ensure that a | ||
personal needs
allowance that is placed in a resident's | ||
personal account is used
exclusively by the resident or for the | ||
benefit of the resident, and
(c) where such funds are withdrawn | ||
from the resident's personal account by
any person other than | ||
the resident, require such person to whom funds
constituting | ||
any part of a resident's personal needs allowance are
released, | ||
to execute an affidavit that such funds shall be used | ||
exclusively
for the benefit of the resident.
| ||
(10) Unless otherwise provided by State law, upon the death | ||
of a resident,
shall provide the executor or administrator of | ||
the resident's estate with
a complete accounting of all the | ||
resident's personal property, including
any funds of the | ||
resident being held by the facility.
| ||
(11) If an adult resident is incapable of managing his | ||
funds and does
not have a resident's representative, guardian, | ||
or an immediate family
member, shall notify the Office of the | ||
State Guardian of the Guardianship
and Advocacy Commission.
| ||
(12) If the facility is sold, shall provide the buyer with | ||
a written
verification by a public accountant of all residents' | ||
monies and properties
being transferred, and obtain a signed | ||
receipt from the new owner.
| ||
(Source: P.A. 86-410; 86-486; 86-1028; 87-551; 87-1122.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||