Long Term Care & Senior Living Blog

Implementation Date: November 28, 2016¹Section 483.15 replaces section 483.12 and requires the facility to establish an admissions policy. Section (a)(2) states facilities cannot request or require residents or potential residents to waive their rights to Medicare or Medicaid benefits or any rights conferred by applicable state, federal and local licensing or certification laws. Section(a)(2)(iii) prohibits facilities from requesting or requiring residents or potential residents to waive facility liability for personal property losses.

As many of you are aware, on January 1, 2016, the Illinois Authorized Electronic Monitoring in Long-Term Care Facilities Act (the “Act”) became effective. This Act imposes various responsibilities on long-term care facilities in Illinois to allow residents to engage in electronic monitoring. The Department of Public Health (“IDPH”) also has certain responsibilities under the Act. The following Summary provides highlights of the background and requirements of the Act, IDPH and facilities’ respective responsibilities, and challenges presented for the facilities subject to the Act along with a few recommended actions in response to the Act. There’s also a link to the Consent and Notification Form promulgated by IDPH for use when a resident desires to use an authorized electronic monitoring device in a facility. If you have clients subject to this Act, you may want to pass this information along to them. I would be happy to answer any questions or provide additional information, if needed.