Public Act 0659 104TH GENERAL ASSEMBLY
 

 
Public Act 104-0659
 
HB4509 EnrolledLRB104 17964 BAB 31401 b

    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 2-104.3 as follows:
 
    (210 ILCS 45/2-104.3)
    Sec. 2-104.3. Serious mental illness; resident review 
rescreening.
    (a) All persons admitted to a nursing home facility with a 
diagnosis of serious mental illness shall receive a follow-up 
visit by the Department of Human Services or its designee 
within 60 days after admission. After admission, any resident 
with a diagnosis of serious mental illness who experiences a 
significant change in physical or mental condition as defined 
in 42 CFR 483.20(b)(2)(ii) shall be referred by the nursing 
facility for a resident review who remain in the facility for a 
period of 90 days shall be re-screened by the Department of 
Human Services or its designee within 72 hours after the 
significant change at the end of the 90-day period, at 6 
months, and annually thereafter to assess their continuing 
need for nursing facility care and shall be advised of all 
other available care options.
    (b) The Department of Human Services, by rule, shall 
ensure there are no provide for a prohibition on conflicts of 
interest for pre-admission screeners. The rule shall provide 
for waiver of those conflicts by the Department of Human 
Services if the Department of Human Services determines that a 
scarcity of qualified pre-admission screeners exists in a 
given community and that, absent a waiver of conflict, an 
insufficient number of pre-admission screeners would be 
available. If a conflict is waived, the pre-admission screener 
shall disclose the conflict of interest to the screened 
individual in the manner provided for by rule of the 
Department of Human Services. For the purposes of this 
subsection, a "conflict of interest" includes, but is not 
limited to, the existence of a professional or financial 
relationship between (i) a PAS-MH corporate or a PAS-MH agent 
performing the rescreening and (ii) a community provider or 
long-term care facility. 
(Source: P.A. 96-1372, eff. 7-29-10.)