Bill Text: IL SB3256 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Nursing Home Care Act. Adds (in addition to other criteria) that if a resident fails to pay or has a late payment and the facility follows the federal discharge and transfer requirements, including the issuance of a notice of facility-initiated discharge, then a facility that participates in the Medical Assistance Program may refuse to retain as a resident any person who resides in a part of the facility that does not participate in the Medical Assistance Program and who is unable to pay for his or her care in the facility without medical assistance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-19 - Rule 3-9(a) / Re-referred to Assignments [SB3256 Detail]

Download: Illinois-2023-SB3256-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3256 Introduced 2/6/2024, by Sen. Doris Turner SYNOPSIS AS INTRODUCED:
210 ILCS 45/3-401.1 from Ch. 111 1/2, par. 4153-401.1
Amends the Nursing Home Care Act. Adds (in addition to other criteria) that if a resident fails to pay or has a late payment and the facility follows the federal discharge and transfer requirements, including the issuance of a notice of facility-initiated discharge, then a facility that participates in the Medical Assistance Program may refuse to retain as a resident any person who resides in a part of the facility that does not participate in the Medical Assistance Program and who is unable to pay for his or her care in the facility without medical assistance.
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A BILL FOR
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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 3-401.1 as follows:
(210 ILCS 45/3-401.1) (from Ch. 111 1/2, par. 4153-401.1)
Sec. 3-401.1. (a) A facility participating in the Medical
Assistance Program is prohibited from failing or refusing to
retain as a resident any person because he or she is a
recipient of or an applicant for the Medical Assistance
Program.
(a-5) A After the effective date of this amendatory Act of
1997, a facility of which only a distinct part is certified to
participate in the Medical Assistance Program may refuse to
retain as a resident any person who resides in a part of the
facility that does not participate in the Medical Assistance
Program and who is unable to pay for his or her care in the
facility without Medical Assistance only if:
(1) the facility, no later than at the time of
admission and at the time of the resident's contract
renewal, explains to the resident (unless he or she is
incompetent), and to the resident's representative, and to
the person making payment on behalf of the resident for

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the resident's stay, in writing, that the facility may
discharge the resident if the resident is no longer able
to pay for his or her care in the facility without Medical
Assistance;
(2) the resident (unless he or she is incompetent),
the resident's representative, and the person making
payment on behalf of the resident for the resident's stay,
acknowledge in writing that they have received the written
explanation; .
(3) the resident fails to pay or has a late payment as
described in subsection (d) of Section 3-401 of this Act
and the facility follows the federal discharge and
transfer requirements including the issuance of a notice
of facility-initiated discharge as described in 45 CFR
483.15(c).
(a-10) For the purposes of this Section, a recipient or
applicant shall be considered a resident in the facility
during any hospital stay totaling 10 days or less following a
hospital admission. The Department of Healthcare and Family
Services shall recoup funds from a facility when, as a result
of the facility's refusal to readmit a recipient after
hospitalization for 10 days or less, the recipient incurs
hospital bills in an amount greater than the amount that would
have been paid by that Department (formerly the Illinois
Department of Public Aid) for care of the recipient in the
facility. The amount of the recoupment shall be the difference

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