96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1782


 
Introduced 2/20/2009, by Sen. Mattie Hunter
 
SYNOPSIS AS INTRODUCED:
 		














210 ILCS 45/2-201
  from Ch. 111 1/2, par. 4152-201







    Amends the Nursing Home Care Act. Makes a technical change in a Section concerning funds of residents.
















LRB096 08401 DRJ 18513 b

















 


 


A BILL FOR









 











SB1782

LRB096 08401 DRJ 18513 b






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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 Nursing Home Care Act is amended  by changing 
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Section 2-201 as follows:
 



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    (210 ILCS 45/2-201)  (from Ch. 111 1/2, par. 4152-201)



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    Sec. 2-201. To protect the the residents' funds, the 
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facility: 

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    (1) Shall at the time of admission provide, in order of 
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priority,
each resident, or the resident's guardian, if any, or 
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the resident's
representative, if any, or the resident's 
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immediate family member,
if any, with a written statement 
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explaining to the resident and to the
resident's spouse (a) 
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their spousal impoverishment rights, as defined at
Section 5-4 
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of the Illinois Public Aid Code, and at Section 303 of Title 
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III of the Medicare Catastrophic
Coverage Act of 1988 (P.L. 
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100-360), and (b) the
resident's rights regarding personal

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funds and listing the services for which the resident will be 
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charged. The
facility shall obtain a signed acknowledgment from 
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each resident or the
resident's guardian, if any, or the 
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resident's representative, if any, or
the resident's immediate 
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family member, if any, that such person has
received the 
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statement.

 


 






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    (2) May accept funds from a resident for safekeeping and 
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managing, if
it receives written authorization from, in order 
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of priority, the resident
or the resident's guardian, if any, 
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or the resident's representative,
if any, or the resident's 
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immediate family member, if any; such authorization
shall be 
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attested to by a witness who has no pecuniary interest in the 
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facility
or its operations, and who is not connected in any way 
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to facility
personnel or the administrator in any manner 
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whatsoever.

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    (3) Shall maintain and allow, in order of priority, each 
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resident
or the resident's guardian, if any, or the resident's 
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representative,
if any, or the resident's immediate family 
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member, if any, access to a
written record of all financial 
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arrangements and transactions involving
the individual 
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resident's funds.

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    (4) Shall provide, in order of priority, each resident, or 
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the resident's
guardian, if any, or the resident's 
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representative, if any,
or the resident's immediate family 
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member, if any, with a written itemized
statement at  least 
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quarterly, of all financial transactions involving
the 
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resident's funds.

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    (5) Shall purchase a surety bond, or otherwise provide 
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assurance
satisfactory to the Departments of Public Health and 
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Insurance that all
residents' personal funds deposited with the 
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facility are secure against
loss, theft, and insolvency.

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    (6) Shall keep any funds received from a resident for 
 


 






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safekeeping in an
account separate from the facility's funds, 
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and shall at no time withdraw
any part or all of such funds for 
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any purpose other than to return the
funds to the resident upon 
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the request of the resident or any other person
entitled to 
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make such request, to pay the resident his allowance, or to

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make any other payment authorized by the resident or any other 
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person
entitled to make such authorization.

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    (7) Shall deposit any funds received from a resident in 
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excess of $100 in
an interest bearing account insured by 
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agencies of, or corporations chartered
by, the State or federal 
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government.  The account shall be in a form which
clearly 
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indicates that the facility has only a fiduciary interest in 
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the
funds and any interest from the account shall accrue to the 
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resident. The
facility may keep up to $100 of a resident's 
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money in a non-interest bearing
account or petty cash fund, to 
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be readily available for the resident's current
expenditures.

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    (8) Shall return to the resident, or the person who 
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executed the written
authorization required in subsection (2) 
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of this Section, upon written
request, all or any part of the 
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resident's funds given the facility for
safekeeping, including 
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the interest accrued from deposits.

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    (9) Shall (a) place any monthly allowance to which a 
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resident is entitled
in that resident's personal account, or 
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give it to the resident, unless
the facility has written 
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authorization from the resident or the resident's
guardian or 
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if the resident is a minor, his parent, to handle it

 


 






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differently, (b) take all steps necessary to ensure that a 
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personal needs
allowance that is placed in a resident's 
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personal account is used
exclusively by the resident or for the 
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benefit of the resident, and
(c) where such funds are withdrawn 
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from the resident's personal account by
any person other than 
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the resident, require such person to whom funds
constituting 
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any part of a resident's personal needs allowance are
released, 
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to execute an affidavit that such funds shall be used 
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exclusively
for the benefit of the resident.

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    (10) Unless otherwise provided by State law, upon the death 
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of a resident,
shall provide the executor or administrator of 
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the resident's estate with
a complete accounting of all the 
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resident's personal property, including
any funds of the 
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resident being held by the facility.

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    (11) If an adult resident is incapable of managing his 
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funds and does
not have a resident's representative, guardian, 
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or an immediate family
member, shall  notify the Office of the 
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State Guardian of the Guardianship
and Advocacy Commission.

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    (12) If the facility is sold, shall provide the buyer with 
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a written
verification by a public accountant of all residents' 
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monies and properties
being transferred, and obtain a signed 
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receipt from the new owner.

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(Source: P.A. 86-410; 86-486; 86-1028; 87-551; 87-1122.)