Illinois 2025-2026 Regular Session

Illinois House Bill HB2429 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2429 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED: 210 ILCS 9/85210 ILCS 45/2-202 from Ch. 111 1/2, par. 4152-202210 ILCS 46/2-202210 ILCS 47/2-202 Amends the Assisted Living and Shared Housing Act, the Nursing Home Care Act, the MC/DD Act, and the ID/DD Community Care Act. Provides that a service delivery contract or other contract between a facility and a resident shall not permit rate increases for a resident's room and board before the expiration of the residency period specified in the contract. Provides that, if there is a rate increase for a resident's room and board provided in a subsequent contract that is greater than the percentage increase in the consumer price index-u during the preceding residency period, the facility must provide justification for the increase. LRB104 08265 BAB 18315 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2429 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED: 210 ILCS 9/85210 ILCS 45/2-202 from Ch. 111 1/2, par. 4152-202210 ILCS 46/2-202210 ILCS 47/2-202 210 ILCS 9/85 210 ILCS 45/2-202 from Ch. 111 1/2, par. 4152-202 210 ILCS 46/2-202 210 ILCS 47/2-202 Amends the Assisted Living and Shared Housing Act, the Nursing Home Care Act, the MC/DD Act, and the ID/DD Community Care Act. Provides that a service delivery contract or other contract between a facility and a resident shall not permit rate increases for a resident's room and board before the expiration of the residency period specified in the contract. Provides that, if there is a rate increase for a resident's room and board provided in a subsequent contract that is greater than the percentage increase in the consumer price index-u during the preceding residency period, the facility must provide justification for the increase. LRB104 08265 BAB 18315 b LRB104 08265 BAB 18315 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2429 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED:
3	3	210 ILCS 9/85210 ILCS 45/2-202 from Ch. 111 1/2, par. 4152-202210 ILCS 46/2-202210 ILCS 47/2-202 210 ILCS 9/85 210 ILCS 45/2-202 from Ch. 111 1/2, par. 4152-202 210 ILCS 46/2-202 210 ILCS 47/2-202
4	4	210 ILCS 9/85
5	5	210 ILCS 45/2-202 from Ch. 111 1/2, par. 4152-202
6	6	210 ILCS 46/2-202
7	7	210 ILCS 47/2-202
8	8	Amends the Assisted Living and Shared Housing Act, the Nursing Home Care Act, the MC/DD Act, and the ID/DD Community Care Act. Provides that a service delivery contract or other contract between a facility and a resident shall not permit rate increases for a resident's room and board before the expiration of the residency period specified in the contract. Provides that, if there is a rate increase for a resident's room and board provided in a subsequent contract that is greater than the percentage increase in the consumer price index-u during the preceding residency period, the facility must provide justification for the increase.
9	9	LRB104 08265 BAB 18315 b LRB104 08265 BAB 18315 b
10	10	LRB104 08265 BAB 18315 b
11	11	A BILL FOR
12	12	HB2429LRB104 08265 BAB 18315 b HB2429 LRB104 08265 BAB 18315 b
13	13	HB2429 LRB104 08265 BAB 18315 b
14	14	1 AN ACT concerning regulation.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Assisted Living and Shared Housing Act is
18	18	5 amended by changing Section 85 as follows:
19	19	6 (210 ILCS 9/85)
20	20	7 Sec. 85. Contract requirements.
21	21	8 (a) No entity may establish, operate, conduct, or maintain
22	22	9 an establishment in this State unless a written service
23	23	10 delivery contract is executed between the establishment and
24	24	11 each resident or resident's representative in accordance with
25	25	12 Section 90 and unless the establishment operates in accordance
26	26	13 with the terms of the contract. The resident or the resident's
27	27	14 representative shall be given a complete copy of the contract
28	28	15 and all supporting documents and attachments and any changes
29	29	16 whenever changes are made. If the resident does not understand
30	30	17 English and if translated documents are not available, the
31	31	18 establishment must explain its policies to a responsible
32	32	19 relative or friend or another individual who has agreed to
33	33	20 communicate the information to the resident.
34	34	21 (b) A service delivery contract shall not permit rate
35	35	22 increases for a resident's room and board before the
36	36	23 expiration of the residency period specified in the contract.
37	37
38	38
39	39
40	40	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2429 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED:
41	41	210 ILCS 9/85210 ILCS 45/2-202 from Ch. 111 1/2, par. 4152-202210 ILCS 46/2-202210 ILCS 47/2-202 210 ILCS 9/85 210 ILCS 45/2-202 from Ch. 111 1/2, par. 4152-202 210 ILCS 46/2-202 210 ILCS 47/2-202
42	42	210 ILCS 9/85
43	43	210 ILCS 45/2-202 from Ch. 111 1/2, par. 4152-202
44	44	210 ILCS 46/2-202
45	45	210 ILCS 47/2-202
46	46	Amends the Assisted Living and Shared Housing Act, the Nursing Home Care Act, the MC/DD Act, and the ID/DD Community Care Act. Provides that a service delivery contract or other contract between a facility and a resident shall not permit rate increases for a resident's room and board before the expiration of the residency period specified in the contract. Provides that, if there is a rate increase for a resident's room and board provided in a subsequent contract that is greater than the percentage increase in the consumer price index-u during the preceding residency period, the facility must provide justification for the increase.
47	47	LRB104 08265 BAB 18315 b LRB104 08265 BAB 18315 b
48	48	LRB104 08265 BAB 18315 b
49	49	A BILL FOR
50	50
51	51
52	52
53	53
54	54
55	55	210 ILCS 9/85
56	56	210 ILCS 45/2-202 from Ch. 111 1/2, par. 4152-202
57	57	210 ILCS 46/2-202
58	58	210 ILCS 47/2-202
59	59
60	60
61	61
62	62	LRB104 08265 BAB 18315 b
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76	76	HB2429 - 2 - LRB104 08265 BAB 18315 b
77	77	1 If there is a rate increase for a resident's room and board
78	78	2 provided in a subsequent contract that is greater than the
79	79	3 percentage increase in the consumer price index-u during the
80	80	4 preceding residency period, the establishment must provide
81	81	5 justification for the increase.
82	82	6 For the purposes of this subsection, "consumer price
83	83	7 index-u" means the index published by the Bureau of Labor
84	84	8 Statistics of the United States Department of Labor that
85	85	9 measures the average change in prices of goods and services
86	86	10 purchased by all urban consumers, United States city average,
87	87	11 all items, 1982-84 = 100.
88	88	12 (Source: P.A. 91-656, eff. 1-1-01.)
89	89	13 Section 15. The Nursing Home Care Act is amended by
90	90	14 changing Section 2-202 as follows:
91	91	15 (210 ILCS 45/2-202) (from Ch. 111 1/2, par. 4152-202)
92	92	16 Sec. 2-202. (a) Before a person is admitted to a facility,
93	93	17 or at the expiration of the period of previous contract, or
94	94	18 when the source of payment for the resident's care changes
95	95	19 from private to public funds or from public to private funds, a
96	96	20 written contract shall be executed between a licensee and the
97	97	21 following in order of priority:
98	98	22 (1) the person, or if the person is a minor, his parent
99	99	23 or guardian; or
100	100	24 (2) the person's guardian, if any, or agent, if any,
101	101
102	102
103	103
104	104
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110	110	HB2429 - 3 - LRB104 08265 BAB 18315 b
111	111	1 as defined in Section 2-3 of the Illinois Power of
112	112	2 Attorney Act; or
113	113	3 (3) a member of the person's immediate family.
114	114	4 An adult person shall be presumed to have the capacity to
115	115	5 contract for admission to a long term care facility unless he
116	116	6 has been adjudicated a "person with a disability" within the
117	117	7 meaning of Section 11a-2 of the Probate Act of 1975, or unless
118	118	8 a petition for such an adjudication is pending in a circuit
119	119	9 court of Illinois.
120	120	10 If there is no guardian, agent or member of the person's
121	121	11 immediate family available, able or willing to execute the
122	122	12 contract required by this Section and a physician determines
123	123	13 that a person is so disabled as to be unable to consent to
124	124	14 placement in a facility, or if a person has already been found
125	125	15 to be a "person with a disability", but no order has been
126	126	16 entered allowing residential placement of the person, that
127	127	17 person may be admitted to a facility before the execution of a
128	128	18 contract required by this Section; provided that a petition
129	129	19 for guardianship or for modification of guardianship is filed
130	130	20 within 15 days of the person's admission to a facility, and
131	131	21 provided further that such a contract is executed within 10
132	132	22 days of the disposition of the petition.
133	133	23 No adult shall be admitted to a facility if he objects,
134	134	24 orally or in writing, to such admission, except as otherwise
135	135	25 provided in Chapters III and IV of the Mental Health and
136	136	26 Developmental Disabilities Code or Section 11a-14.1 of the
137	137
138	138
139	139
140	140
141	141
142	142	HB2429 - 3 - LRB104 08265 BAB 18315 b
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145	145	HB2429- 4 -LRB104 08265 BAB 18315 b HB2429 - 4 - LRB104 08265 BAB 18315 b
146	146	HB2429 - 4 - LRB104 08265 BAB 18315 b
147	147	1 Probate Act of 1975.
148	148	2 If a person has not executed a contract as required by this
149	149	3 Section, then such a contract shall be executed on or before
150	150	4 July 1, 1981, or within 10 days after the disposition of a
151	151	5 petition for guardianship or modification of guardianship that
152	152	6 was filed prior to July 1, 1981, whichever is later.
153	153	7 Before a licensee enters a contract under this Section, it
154	154	8 shall provide the prospective resident and his or her
155	155	9 guardian, if any, with written notice of the licensee's policy
156	156	10 regarding discharge of a resident whose private funds for
157	157	11 payment of care are exhausted.
158	158	12 Before a licensee enters into a contract under this
159	159	13 Section, it shall provide the resident or prospective resident
160	160	14 and his or her guardian, if any, with a copy of the licensee's
161	161	15 policy regarding the assignment of Social Security
162	162	16 representative payee status as a condition of the contract
163	163	17 when the resident's or prospective resident's care is being
164	164	18 funded under Title XIX of the Social Security Act and Article V
165	165	19 of the Illinois Public Aid Code.
166	166	20 (b) A resident shall not be discharged or transferred at
167	167	21 the expiration of the term of a contract, except as provided in
168	168	22 Sections 3-401 through 3-423.
169	169	23 (c) At the time of the resident's admission to the
170	170	24 facility, a copy of the contract shall be given to the
171	171	25 resident, his guardian, if any, and any other person who
172	172	26 executed the contract.
173	173
174	174
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177	177
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182	182	HB2429 - 5 - LRB104 08265 BAB 18315 b
183	183	1 (d) A copy of the contract for a resident who is supported
184	184	2 by nonpublic funds other than the resident's own funds shall
185	185	3 be made available to the person providing the funds for the
186	186	4 resident's support.
187	187	5 (e) The original or a copy of the contract shall be
188	188	6 maintained in the facility and be made available upon request
189	189	7 to representatives of the Department and the Department of
190	190	8 Healthcare and Family Services.
191	191	9 (f) The contract shall be written in clear and unambiguous
192	192	10 language and shall be printed in not less than 12-point type.
193	193	11 The general form of the contract shall be prescribed by the
194	194	12 Department.
195	195	13 (g) The contract shall specify:
196	196	14 (1) the term of the contract;
197	197	15 (2) the services to be provided under the contract and
198	198	16 the charges for the services;
199	199	17 (3) the services that may be provided to supplement
200	200	18 the contract and the charges for the services;
201	201	19 (4) the sources liable for payments due under the
202	202	20 contract;
203	203	21 (5) the amount of deposit paid; and
204	204	22 (6) the rights, duties and obligations of the
205	205	23 resident, except that the specification of a resident's
206	206	24 rights may be furnished on a separate document which
207	207	25 complies with the requirements of Section 2-211.
208	208	26 (h) The contract shall designate the name of the
209	209
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217	217	HB2429- 6 -LRB104 08265 BAB 18315 b HB2429 - 6 - LRB104 08265 BAB 18315 b
218	218	HB2429 - 6 - LRB104 08265 BAB 18315 b
219	219	1 resident's representative, if any. The resident shall provide
220	220	2 the facility with a copy of the written agreement between the
221	221	3 resident and the resident's representative which authorizes
222	222	4 the resident's representative to inspect and copy the
223	223	5 resident's records and authorizes the resident's
224	224	6 representative to execute the contract on behalf of the
225	225	7 resident required by this Section.
226	226	8 (i) The contract shall provide that if the resident is
227	227	9 compelled by a change in physical or mental health to leave the
228	228	10 facility, the contract and all obligations under it shall
229	229	11 terminate on 7 days notice. No prior notice of termination of
230	230	12 the contract shall be required, however, in the case of a
231	231	13 resident's death. The contract shall also provide that in all
232	232	14 other situations, a resident may terminate the contract and
233	233	15 all obligations under it with 30 days notice. All charges
234	234	16 shall be prorated as of the date on which the contract
235	235	17 terminates, and, if any payments have been made in advance,
236	236	18 the excess shall be refunded to the resident. This provision
237	237	19 shall not apply to life-care contracts through which a
238	238	20 facility agrees to provide maintenance and care for a resident
239	239	21 throughout the remainder of his life nor to continuing-care
240	240	22 contracts through which a facility agrees to supplement all
241	241	23 available forms of financial support in providing maintenance
242	242	24 and care for a resident throughout the remainder of his life.
243	243	25 (j) In addition to all other contract specifications
244	244	26 contained in this Section admission contracts shall also
245	245
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253	253	HB2429- 7 -LRB104 08265 BAB 18315 b HB2429 - 7 - LRB104 08265 BAB 18315 b
254	254	HB2429 - 7 - LRB104 08265 BAB 18315 b
255	255	1 specify:
256	256	2 (1) whether the facility accepts Medicaid clients;
257	257	3 (2) whether the facility requires a deposit of the
258	258	4 resident or his family prior to the establishment of
259	259	5 Medicaid eligibility;
260	260	6 (3) in the event that a deposit is required, a clear
261	261	7 and concise statement of the procedure to be followed for
262	262	8 the return of such deposit to the resident or the
263	263	9 appropriate family member or guardian of the person;
264	264	10 (4) that all deposits made to a facility by a
265	265	11 resident, or on behalf of a resident, shall be returned by
266	266	12 the facility within 30 days of the establishment of
267	267	13 Medicaid eligibility, unless such deposits must be drawn
268	268	14 upon or encumbered in accordance with Medicaid eligibility
269	269	15 requirements established by the Department of Healthcare
270	270	16 and Family Services.
271	271	17 (k) It shall be a business offense for a facility to
272	272	18 knowingly and intentionally both retain a resident's deposit
273	273	19 and accept Medicaid payments on behalf of that resident.
274	274	20 (l) A contract under this Section shall not permit rate
275	275	21 increases for a resident's room and board before the
276	276	22 expiration of the residency period specified in the contract.
277	277	23 If there is a rate increase for a resident's room and board
278	278	24 provided in a subsequent contract that is greater than the
279	279	25 percentage increase in the consumer price index-u during the
280	280	26 preceding residency period, the facility must provide
281	281
282	282
283	283
284	284
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291	291	1 justification for the increase.
292	292	2 For the purposes of this subsection, "consumer price
293	293	3 index-u" means the index published by the Bureau of Labor
294	294	4 Statistics of the United States Department of Labor that
295	295	5 measures the average change in prices of goods and services
296	296	6 purchased by all urban consumers, United States city average,
297	297	7 all items, 1982-84 = 100.
298	298	8 (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15.)
299	299	9 Section 20. The MC/DD Act is amended by changing Section
300	300	10 2-202 as follows:
301	301	11 (210 ILCS 46/2-202)
302	302	12 Sec. 2-202. Contract required.
303	303	13 (a) Before a person is admitted to a facility, or at the
304	304	14 expiration of the period of previous contract, or when the
305	305	15 source of payment for the resident's care changes from private
306	306	16 to public funds or from public to private funds, a written
307	307	17 contract shall be executed between a licensee and the
308	308	18 following in order of priority:
309	309	19 (1) the person, or if the person is a minor, his parent
310	310	20 or guardian; or
311	311	21 (2) the person's guardian, if any, or agent, if any,
312	312	22 as defined in Section 2-3 of the Illinois Power of
313	313	23 Attorney Act; or
314	314	24 (3) a member of the person's immediate family.
315	315
316	316
317	317
318	318
319	319
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324	324	HB2429 - 9 - LRB104 08265 BAB 18315 b
325	325	1 An adult person shall be presumed to have the capacity to
326	326	2 contract for admission to a facility unless he or she has been
327	327	3 adjudicated a "disabled person" within the meaning of Section
328	328	4 11a-2 of the Probate Act of 1975, or unless a petition for such
329	329	5 an adjudication is pending in a circuit court of Illinois.
330	330	6 If there is no guardian, agent or member of the person's
331	331	7 immediate family available, able or willing to execute the
332	332	8 contract required by this Section and a physician determines
333	333	9 that a person is so disabled as to be unable to consent to
334	334	10 placement in a facility, or if a person has already been found
335	335	11 to be a "disabled person", but no order has been entered
336	336	12 allowing residential placement of the person, that person may
337	337	13 be admitted to a facility before the execution of a contract
338	338	14 required by this Section; provided that a petition for
339	339	15 guardianship or for modification of guardianship is filed
340	340	16 within 15 days of the person's admission to a facility, and
341	341	17 provided further that such a contract is executed within 10
342	342	18 days of the disposition of the petition.
343	343	19 No adult shall be admitted to a facility if he or she
344	344	20 objects, orally or in writing, to such admission, except as
345	345	21 otherwise provided in Chapters III and IV of the Mental Health
346	346	22 and Developmental Disabilities Code or Section 11a-14.1 of the
347	347	23 Probate Act of 1975.
348	348	24 Before a licensee enters a contract under this Section, it
349	349	25 shall provide the prospective resident and his or her
350	350	26 guardian, if any, with written notice of the licensee's policy
351	351
352	352
353	353
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361	361	1 regarding discharge of a resident whose private funds for
362	362	2 payment of care are exhausted.
363	363	3 (b) A resident shall not be discharged or transferred at
364	364	4 the expiration of the term of a contract, except as provided in
365	365	5 Sections 3-401 through 3-423.
366	366	6 (c) At the time of the resident's admission to the
367	367	7 facility, a copy of the contract shall be given to the
368	368	8 resident, his or her guardian, if any, and any other person who
369	369	9 executed the contract.
370	370	10 (d) A copy of the contract for a resident who is supported
371	371	11 by nonpublic funds other than the resident's own funds shall
372	372	12 be made available to the person providing the funds for the
373	373	13 resident's support.
374	374	14 (e) The original or a copy of the contract shall be
375	375	15 maintained in the facility and be made available upon request
376	376	16 to representatives of the Department and the Department of
377	377	17 Healthcare and Family Services.
378	378	18 (f) The contract shall be written in clear and unambiguous
379	379	19 language and shall be printed in not less than 12-point type.
380	380	20 The general form of the contract shall be prescribed by the
381	381	21 Department.
382	382	22 (g) The contract shall specify:
383	383	23 (1) the term of the contract;
384	384	24 (2) the services to be provided under the contract and
385	385	25 the charges for the services;
386	386	26 (3) the services that may be provided to supplement
387	387
388	388
389	389
390	390
391	391
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397	397	1 the contract and the charges for the services;
398	398	2 (4) the sources liable for payments due under the
399	399	3 contract;
400	400	4 (5) the amount of deposit paid; and
401	401	5 (6) the rights, duties and obligations of the
402	402	6 resident, except that the specification of a resident's
403	403	7 rights may be furnished on a separate document which
404	404	8 complies with the requirements of Section 2-211.
405	405	9 (h) The contract shall designate the name of the
406	406	10 resident's representative, if any. The resident shall provide
407	407	11 the facility with a copy of the written agreement between the
408	408	12 resident and the resident's representative which authorizes
409	409	13 the resident's representative to inspect and copy the
410	410	14 resident's records and authorizes the resident's
411	411	15 representative to execute the contract on behalf of the
412	412	16 resident required by this Section.
413	413	17 (i) The contract shall provide that if the resident is
414	414	18 compelled by a change in physical or mental health to leave the
415	415	19 facility, the contract and all obligations under it shall
416	416	20 terminate on 7 days' notice. No prior notice of termination of
417	417	21 the contract shall be required, however, in the case of a
418	418	22 resident's death. The contract shall also provide that in all
419	419	23 other situations, a resident may terminate the contract and
420	420	24 all obligations under it with 30 days' notice. All charges
421	421	25 shall be prorated as of the date on which the contract
422	422	26 terminates, and, if any payments have been made in advance,
423	423
424	424
425	425
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427	427
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433	433	1 the excess shall be refunded to the resident. This provision
434	434	2 shall not apply to life care contracts through which a
435	435	3 facility agrees to provide maintenance and care for a resident
436	436	4 throughout the remainder of his life nor to continuing care
437	437	5 contracts through which a facility agrees to supplement all
438	438	6 available forms of financial support in providing maintenance
439	439	7 and care for a resident throughout the remainder of his or her
440	440	8 life.
441	441	9 (j) In addition to all other contract specifications
442	442	10 contained in this Section admission contracts shall also
443	443	11 specify:
444	444	12 (1) whether the facility accepts Medicaid clients;
445	445	13 (2) whether the facility requires a deposit of the
446	446	14 resident or his or her family prior to the establishment
447	447	15 of Medicaid eligibility;
448	448	16 (3) in the event that a deposit is required, a clear
449	449	17 and concise statement of the procedure to be followed for
450	450	18 the return of such deposit to the resident or the
451	451	19 appropriate family member or guardian of the person; and
452	452	20 (4) that all deposits made to a facility by a
453	453	21 resident, or on behalf of a resident, shall be returned by
454	454	22 the facility within 30 days of the establishment of
455	455	23 Medicaid eligibility, unless such deposits must be drawn
456	456	24 upon or encumbered in accordance with Medicaid eligibility
457	457	25 requirements established by the Department of Healthcare
458	458	26 and Family Services.
459	459
460	460
461	461
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469	469	1 (k) It shall be a business offense for a facility to
470	470	2 knowingly and intentionally both retain a resident's deposit
471	471	3 and accept Medicaid payments on behalf of that resident.
472	472	4 (l) A contract under this Section shall not permit rate
473	473	5 increases for a resident's room and board before the
474	474	6 expiration of the residency period specified in the contract.
475	475	7 If there is a rate increase for a resident's room and board
476	476	8 provided in a subsequent contract that is greater than the
477	477	9 percentage increase in the consumer price index-u during the
478	478	10 preceding residency period, the facility must provide
479	479	11 justification for the increase.
480	480	12 For the purposes of this subsection, "consumer price
481	481	13 index-u" means the index published by the Bureau of Labor
482	482	14 Statistics of the United States Department of Labor that
483	483	15 measures the average change in prices of goods and services
484	484	16 purchased by all urban consumers, United States city average,
485	485	17 all items, 1982-84 = 100.
486	486	18 (Source: P.A. 99-180, eff. 7-29-15.)
487	487	19 Section 25. The ID/DD Community Care Act is amended by
488	488	20 changing Section 2-202 as follows:
489	489	21 (210 ILCS 47/2-202)
490	490	22 Sec. 2-202. Contract required.
491	491	23 (a) Before a person is admitted to a facility, or at the
492	492	24 expiration of the period of previous contract, or when the
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503	503	1 source of payment for the resident's care changes from private
504	504	2 to public funds or from public to private funds, a written
505	505	3 contract shall be executed between a licensee and the
506	506	4 following in order of priority:
507	507	5 (1) the person, or if the person is a minor, his parent
508	508	6 or guardian; or
509	509	7 (2) the person's guardian, if any, or agent, if any,
510	510	8 as defined in Section 2-3 of the Illinois Power of
511	511	9 Attorney Act; or
512	512	10 (3) a member of the person's immediate family.
513	513	11 An adult person shall be presumed to have the capacity to
514	514	12 contract for admission to a long term care facility unless he
515	515	13 or she has been adjudicated a "person with a disability"
516	516	14 within the meaning of Section 11a-2 of the Probate Act of 1975,
517	517	15 or unless a petition for such an adjudication is pending in a
518	518	16 circuit court of Illinois.
519	519	17 If there is no guardian, agent or member of the person's
520	520	18 immediate family available, able or willing to execute the
521	521	19 contract required by this Section and a physician determines
522	522	20 that a person is so disabled as to be unable to consent to
523	523	21 placement in a facility, or if a person has already been found
524	524	22 to be a "person with a disability", but no order has been
525	525	23 entered allowing residential placement of the person, that
526	526	24 person may be admitted to a facility before the execution of a
527	527	25 contract required by this Section; provided that a petition
528	528	26 for guardianship or for modification of guardianship is filed
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539	539	1 within 15 days of the person's admission to a facility, and
540	540	2 provided further that such a contract is executed within 10
541	541	3 days of the disposition of the petition.
542	542	4 No adult shall be admitted to a facility if he or she
543	543	5 objects, orally or in writing, to such admission, except as
544	544	6 otherwise provided in Chapters III and IV of the Mental Health
545	545	7 and Developmental Disabilities Code or Section 11a-14.1 of the
546	546	8 Probate Act of 1975.
547	547	9 Before a licensee enters a contract under this Section, it
548	548	10 shall provide the prospective resident and his or her
549	549	11 guardian, if any, with written notice of the licensee's policy
550	550	12 regarding discharge of a resident whose private funds for
551	551	13 payment of care are exhausted.
552	552	14 (b) A resident shall not be discharged or transferred at
553	553	15 the expiration of the term of a contract, except as provided in
554	554	16 Sections 3-401 through 3-423.
555	555	17 (c) At the time of the resident's admission to the
556	556	18 facility, a copy of the contract shall be given to the
557	557	19 resident, his or her guardian, if any, and any other person who
558	558	20 executed the contract.
559	559	21 (d) A copy of the contract for a resident who is supported
560	560	22 by nonpublic funds other than the resident's own funds shall
561	561	23 be made available to the person providing the funds for the
562	562	24 resident's support.
563	563	25 (e) The original or a copy of the contract shall be
564	564	26 maintained in the facility and be made available upon request
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575	575	1 to representatives of the Department and the Department of
576	576	2 Healthcare and Family Services.
577	577	3 (f) The contract shall be written in clear and unambiguous
578	578	4 language and shall be printed in not less than 12-point type.
579	579	5 The general form of the contract shall be prescribed by the
580	580	6 Department.
581	581	7 (g) The contract shall specify:
582	582	8 (1) the term of the contract;
583	583	9 (2) the services to be provided under the contract and
584	584	10 the charges for the services;
585	585	11 (3) the services that may be provided to supplement
586	586	12 the contract and the charges for the services;
587	587	13 (4) the sources liable for payments due under the
588	588	14 contract;
589	589	15 (5) the amount of deposit paid; and
590	590	16 (6) the rights, duties and obligations of the
591	591	17 resident, except that the specification of a resident's
592	592	18 rights may be furnished on a separate document which
593	593	19 complies with the requirements of Section 2-211.
594	594	20 (h) The contract shall designate the name of the
595	595	21 resident's representative, if any. The resident shall provide
596	596	22 the facility with a copy of the written agreement between the
597	597	23 resident and the resident's representative which authorizes
598	598	24 the resident's representative to inspect and copy the
599	599	25 resident's records and authorizes the resident's
600	600	26 representative to execute the contract on behalf of the
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611	611	1 resident required by this Section.
612	612	2 (i) The contract shall provide that if the resident is
613	613	3 compelled by a change in physical or mental health to leave the
614	614	4 facility, the contract and all obligations under it shall
615	615	5 terminate on 7 days' notice. No prior notice of termination of
616	616	6 the contract shall be required, however, in the case of a
617	617	7 resident's death. The contract shall also provide that in all
618	618	8 other situations, a resident may terminate the contract and
619	619	9 all obligations under it with 30 days' notice. All charges
620	620	10 shall be prorated as of the date on which the contract
621	621	11 terminates, and, if any payments have been made in advance,
622	622	12 the excess shall be refunded to the resident. This provision
623	623	13 shall not apply to life care contracts through which a
624	624	14 facility agrees to provide maintenance and care for a resident
625	625	15 throughout the remainder of his life nor to continuing care
626	626	16 contracts through which a facility agrees to supplement all
627	627	17 available forms of financial support in providing maintenance
628	628	18 and care for a resident throughout the remainder of his or her
629	629	19 life.
630	630	20 (j) In addition to all other contract specifications
631	631	21 contained in this Section admission contracts shall also
632	632	22 specify:
633	633	23 (1) whether the facility accepts Medicaid clients;
634	634	24 (2) whether the facility requires a deposit of the
635	635	25 resident or his or her family prior to the establishment
636	636	26 of Medicaid eligibility;
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647	647	1 (3) in the event that a deposit is required, a clear
648	648	2 and concise statement of the procedure to be followed for
649	649	3 the return of such deposit to the resident or the
650	650	4 appropriate family member or guardian of the person;
651	651	5 (4) that all deposits made to a facility by a
652	652	6 resident, or on behalf of a resident, shall be returned by
653	653	7 the facility within 30 days of the establishment of
654	654	8 Medicaid eligibility, unless such deposits must be drawn
655	655	9 upon or encumbered in accordance with Medicaid eligibility
656	656	10 requirements established by the Department of Healthcare
657	657	11 and Family Services.
658	658	12 (k) It shall be a business offense for a facility to
659	659	13 knowingly and intentionally both retain a resident's deposit
660	660	14 and accept Medicaid payments on behalf of that resident.
661	661	15 (l) A contract under this Section shall not permit rate
662	662	16 increases for a resident's room and board before the
663	663	17 expiration of the residency period specified in the contract.
664	664	18 If there is a rate increase for a resident's room and board
665	665	19 provided in a subsequent contract that is greater than the
666	666	20 percentage increase in the consumer price index-u during the
667	667	21 preceding residency period, the facility must provide
668	668	22 justification for the increase.
669	669	23 For the purposes of this subsection, "consumer price
670	670	24 index-u" means the index published by the Bureau of Labor
671	671	25 Statistics of the United States Department of Labor that
672	672	26 measures the average change in prices of goods and services
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