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| Public Act 099-0857 | ||||
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AN ACT concerning public aid.
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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 Hospital Licensing Act is amended by | ||||
changing Section 6.09 as follows: | ||||
(210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09) | ||||
Sec. 6.09. (a) In order to facilitate the orderly | ||||
transition of aged
patients and patients with disabilities from | ||||
hospitals to post-hospital care, whenever a
patient who | ||||
qualifies for the
federal Medicare program is hospitalized, the | ||||
patient shall be notified
of discharge at least
24 hours prior | ||||
to discharge from
the hospital. With regard to pending | ||||
discharges to a skilled nursing facility, the hospital must | ||||
notify the case coordination unit, as defined in 89 Ill. Adm. | ||||
Code 240.260, at least 24 hours prior to discharge. When the | ||||
assessment is completed in the hospital, the case coordination | ||||
unit shall provide the discharge planner with a copy of the | ||||
required assessment documentation directly to the nursing home | ||||
to which the patient is being discharged prior to discharge. | ||||
The Department on Aging shall provide notice of this | ||||
requirement to case coordination units. When a case | ||||
coordination unit is unable to complete an assessment in a | ||||
hospital prior to the discharge of a patient, 60 years of age | ||||
or older, to a nursing home, the case coordination unit shall | ||
notify the Department on Aging which shall notify the | ||
Department of Healthcare and Family Services. The Department of | ||
Healthcare and Family Services and the Department on Aging | ||
shall adopt rules to address these instances to ensure that the | ||
patient is able to access nursing home care, the nursing home | ||
is not penalized for accepting the admission, and the patient's | ||
timely discharge from the hospital is not delayed, to the | ||
extent permitted under federal law or regulation. Nothing in | ||
this subsection shall preclude federal requirements for a | ||
pre-admission screening/mental health (PAS/MH) as required | ||
under Section 2-201.5 of the Nursing Home Care Act or State or | ||
federal law or regulation. prescreening information and | ||
accompanying materials, which the discharge planner shall | ||
transmit when the patient is discharged to a skilled nursing | ||
facility. 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 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, the Specialized Mental Health | ||
Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||
the MC/DD 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, facilities licensed under the ID/DD | ||
Community Care Act, the MC/DD Act, or the Specialized Mental | ||
Health Rehabilitation Act of 2013, 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. | ||
(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. | ||
(d) Before transfer of a patient to a long term care | ||
facility licensed under the Nursing Home Care Act where elderly | ||
persons reside, a hospital shall as soon as practicable | ||
initiate a name-based criminal history background check by | ||
electronic submission to the Department of State Police for all | ||
persons between the ages of 18 and 70 years; provided, however, | ||
that a hospital shall be required to initiate such a background | ||
check only with respect to patients who: | ||
(1) are transferring to a long term care facility for | ||
the first time; | ||
(2) have been in the hospital more than 5 days; | ||
(3) are reasonably expected to remain at the long term | ||
care facility for more than 30 days; | ||
(4) have a known history of serious mental illness or | ||
substance abuse; and | ||
(5) are independently ambulatory or mobile for more | ||
than a temporary period of time. | ||
A hospital may also request a criminal history background | ||
check for a patient who does not meet any of the criteria set | ||
forth in items (1) through (5). | ||
A hospital shall notify a long term care facility if the | ||
hospital has initiated a criminal history background check on a | ||
patient being discharged to that facility. In all circumstances | ||
in which the hospital is required by this subsection to | ||
initiate the criminal history background check, the transfer to | ||
the long term care facility may proceed regardless of the | ||
availability of criminal history results. Upon receipt of the | ||
results, the hospital shall promptly forward the results to the | ||
appropriate long term care facility. If the results of the | ||
background check are inconclusive, the hospital shall have no | ||
additional duty or obligation to seek additional information | ||
from, or about, the patient. | ||
(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; | ||
99-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)
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