210 ILCS 45/2-202
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 45/ - Nursing Home Care Act.|Article II - Rights And Responsibilities

 (from Ch. 111 1/2, par. 4152-202)Sec. 2-202. (a) Before a person is admitted to a facility, or at the  expiration of the period of previous contract, or when the source of  payment for the resident's care changes from private to public funds or  from public to private funds, a written contract shall be executed between  a licensee and the following in order of priority:(1) the person, or if the person is a minor, his     parent or guardian; or(2) the person's guardian, if any, or agent, if any,     as defined in Section 2-3 of the Illinois Power of Attorney Act; or(3) a member of the person's immediate family.An adult person shall be presumed to have the capacity to contract for  admission to a long term care facility unless he has been adjudicated a  "person with a disability" within the meaning of Section 11a-2 of the  Probate Act  of 1975, or unless a petition for such an adjudication is pending in a  circuit court of Illinois.If there is no guardian, agent or member of the person's immediate family  available, able or willing to execute the contract required by this Section  and a physician determines that a person is so disabled as to be unable  to consent to placement in a facility, or if a person has already been found  to be a "person with a disability", but no order has been entered allowing residential  placement of the person, that person may be admitted to a facility before  the execution of a contract required by this Section; provided that a petition  for guardianship or for modification of guardianship is filed within 15  days of the person's admission to a facility, and provided further that  such a contract is executed within 10 days of the disposition of the petition.No adult shall be admitted to a facility if he objects, orally or in writing,  to such admission, except as otherwise provided in Chapters III  and IV of the Mental Health and Developmental Disabilities Code or Section  11a-14.1 of the  Probate Act of 1975.If a person has not executed a contract as required by this Section, then  such a contract shall be executed on or before July 1, 1981, or within 10  days after the disposition of a petition for guardianship or modification  of guardianship that was filed prior to July 1, 1981, whichever is later.Before a licensee enters a contract under this Section, it shall  provide the prospective resident and his or her guardian, if any, with written  notice of the licensee's policy regarding discharge of a resident whose  private funds for payment of care are exhausted.Before a licensee enters into a contract under this Section, it shall provide the resident or prospective resident and his or her guardian, if any, with a copy of the licensee's policy regarding the assignment of Social Security representative payee status as a condition of the contract when the resident's or prospective resident's care is being funded under Title XIX of the Social Security Act and Article V of the Illinois Public Aid Code.(b) A resident shall not be discharged or transferred at the expiration  of the term of a contract, except as provided in Sections 3-401 through  3-423.(c) At the time of the resident's admission to the facility, a copy of  the contract shall be given to the resident, his guardian, if any, and any  other person who executed the contract.(d) A copy of the contract for a resident who is supported by  nonpublic funds other than the resident's own funds shall be made  available to the person providing the funds for the resident's support.(e) The original or a copy of the contract shall be maintained in the  facility and be made available upon request to representatives of the  Department and the Department of Healthcare and Family Services.(f) The contract shall be written in clear and unambiguous language  and shall be printed in not less than 12-point type.  The general form  of the contract shall be prescribed by the Department.(g) The contract shall specify:(1) the term of the contract;(2) the services to be provided under the contract     and the charges for the services;(3) the services that may be provided to supplement     the contract and the charges for the services;(4) the sources liable for payments due under the     contract;(5) the amount of deposit paid; and(6) the rights, duties and obligations of the     resident, except that the specification of a resident's rights may be furnished on a separate document which complies with the requirements of Section 2-211.(h) The contract shall designate the name of the resident's  representative, if any.  The resident shall provide the facility with a copy  of the written agreement between the resident and the resident's representative  which authorizes the resident's representative to inspect and copy the  resident's records and authorizes the resident's representative to execute  the contract on behalf of the resident required by this Section.(i) The contract shall provide that if the resident is  compelled by a change in physical or mental health to leave the  facility, the contract and all obligations under it shall terminate on 7  days notice.  No prior notice of termination of the contract shall be  required, however, in the case of a resident's death.  The contract shall also provide  that in all other situations, a  resident may terminate the contract and all obligations under it with 30  days notice. All charges shall be prorated as of the date on which the  contract terminates, and, if any payments have been made in advance, the  excess shall be refunded to the resident. This provision shall not apply  to life-care contracts through which a facility agrees to provide  maintenance and care for a resident throughout the remainder of his life  nor to continuing-care contracts through which a facility agrees to  supplement all available forms of financial support in providing  maintenance and care for a resident throughout the remainder of his life.(j) In addition to all other contract specifications contained in this  Section admission contracts shall also specify:(1) whether the facility accepts Medicaid clients;(2) whether the facility requires a deposit of the     resident or his family prior to the establishment of Medicaid eligibility;(3) in the event that a deposit is required, a clear     and concise statement of the procedure to be followed for the return of such deposit to the resident or the appropriate family member or guardian of the person;(4) that all deposits made to a facility by a     resident, or on behalf of a resident, shall be returned by the facility within 30 days of the establishment of Medicaid eligibility, unless such deposits must be drawn upon or encumbered in accordance with Medicaid eligibility requirements established by the Department of Healthcare and Family Services.(k) It shall be a business offense for a facility to knowingly and  intentionally both retain a resident's deposit and accept Medicaid  payments on behalf of that resident.  (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15.)