SB 3723

Abstract

Amends the Assisted Living and Shared Housing Act. Adds provisions concerning involuntary terminations of residency, hearings when residency is involuntarily terminated, and readmission of residents. Provides that an establishment shall notify a resident when the establishment's ability to meet the resident's needs may be affected. Provides that if an establishment initiates a termination of residency, then the resident shall be provided with written notice. Provides that the Department of Public Health shall (rather than may) offer assistance to an establishment and resident in preparation for a residency termination. Provides that an establishment that improperly terminates the residency of a resident shall be assessed a violation. Makes additions to provisions concerning resident rights. Makes other changes. Amends the Nursing Home Care Act. Makes changes to provisions concerning the involuntary transfer or discharge of a resident, hearings when a resident is involuntarily transferred or discharged, and the readmission of residents. Provides that a resident has a right not to be unlawfully transferred or discharged from a facility. Makes other changes. Amends the Assisted Living and Shared Housing Act and the Nursing Home Care Act. Provides that in certain circumstances the Department shall order immediate readmission of a resident. Provides that failure to readmit a resident after receiving an order to do so from the Department shall result in a specified daily fine. Provides that the Department shall adopt rules related to conflicts of interest for persons who conduct specified hearings. Senate Committee Amendment No. 2 Deletes reference to: 210 ILCS 45/1-111 210 ILCS 45/1-128 210 ILCS 45/2-104 210 ILCS 45/3-401.1 210 ILCS 45/3-410 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Deletes the definition of the term "involuntary termination of residency". Provides that, when the Department of Public Health orders the immediate readmission of a resident to an establishment, readmission is not required if a condition which would have allowed transfer or discharge develops within the time that the resident's residency was involuntarily terminated. Makes changes in provisions prohibiting an establishment from terminating residency due to an emergency situation under certain circumstances. Makes changes in provisions concerning fines the Department shall assess if an establishment does not readmit a resident after the Department has ordered readmission. Deletes references to a resident's right to retain residency at an establishment during any hospital stay totaling 10 days or less following a hospital admission. Deletes references to Type 1 violations. Makes other changes. Amends the Nursing Home Care Act. Deletes provisions related to the definitions of "discharge", "high risk designation", and "transfer". Deletes a provision relating to a resident's refusal of treatment not constituting grounds for discharge. Deletes references to Type A violations. Deletes provisions concerning fines the Department shall assess if an establishment does not readmit a resident after the Department has ordered readmission. Deletes references directing a resident's own physician, if any, to conduct an in-person assessment or make a determination that the resident should be discharged because of the resident's health care needs, instead of a facility's physician. Deletes a provision requiring a resident who is in the process of appealing the denial of the resident's application for the Medical Assistance Program to be considered a Medicaid applicant during the appeal process. Removes provisions concerning the long term care ombudsman requesting a hearing on behalf of a resident under certain circumstances. Makes other changes.