NURSING HOME-MENTAL ILLNESS, the official text

HB4509 Enrolled                     LRB104 17964 BAB 31401 b

1   AN ACT concerning regulation.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Nursing Home Care Act is amended by

5 changing Section 2-104.3 as follows:

6   (210 ILCS 45/2-104.3)

7   Sec. 2-104.3. Serious mental illness; resident review

8 rescreening.

9   (a) All persons admitted to a nursing home facility with a

10 diagnosis of serious mental illness shall receive a follow-up

11 visit by the Department of Human Services or its designee

12 within 60 days after admission. After admission, any resident

13 with a diagnosis of serious mental illness who experiences a

14 significant change in physical or mental condition as defined

15 in 42 CFR 483.20(b)(2)(ii) shall be referred by the nursing

16 facility for a resident review who remain in the facility for a

17 period of 90 days shall be re-screened by the Department of

18 Human Services or its designee within 72 hours after the

19 significant change at the end of the 90-day period, at 6

20 months, and annually thereafter to assess their continuing

21 need for nursing facility care and shall be advised of all

22 other available care options.

23  (b) The Department of Human Services, by rule, shall
HB4509 Enrolled  -2-  LRB104 17964 BAB 31401 b

 1 ensure there are no provide for a prohibition on conflicts of
 2 interest for pre-admission screeners. The rule shall provide
 3 for waiver of those conflicts by the Department of Human
 4 Services if the Department of Human Services determines that a
 5 scarcity of qualified pre-admission screeners exists in a
 6 given community and that, absent a waiver of conflict, an
 7 insufficient number of pre-admission screeners would be
 8 available. If a conflict is waived, the pre-admission screener
 9 shall disclose the conflict of interest to the screened
10 individual in the manner provided for by rule of the
11 Department of Human Services. For the purposes of this
12 subsection, a "conflict of interest" includes, but is not
13 limited to, the existence of a professional or financial
14 relationship between (i) a PAS-MH corporate or a PAS-MH agent
15 performing the rescreening and (ii) a community provider or
16 long-term care facility.
17 (Source: P.A. 96-1372, eff. 7-29-10.)