HOSPITAL-RULES-NURSING HOMES

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4580

Introduced 2/3/2026, by Rep. Robert "Bob" Rita

SYNOPSIS AS INTRODUCED:

210 ILCS 85/6.09

from Ch. 111 1/2, par. 147.09

Amends the Hospital Licensing Act. Removes provisions requiring the
Department on Aging to adopt rules to address instances when a case
coordination unit is unable to complete an assessment in a hospital prior
to the discharge of a patient 60 years or older to a nursing home to ensure
that the patient is able to access nursing home care, the nursing home is
not penalized for accepting the admission, and the patient's timely
discharge from the hospital is not delayed, to the extent permitted under
federal law or regulation.
LRB104 17693 BAB 31124 b

A BILL FOR

HB4580
LRB104 17693 BAB 31124 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 Hospital Licensing Act is amended by
5
changing Section 6.09 as follows:

6

(210 ILCS 85/6.09)

(from Ch. 111 1/2, par. 147.09)
7

Sec. 6.09.
(a) In order to facilitate the orderly
8
transition of aged patients and patients with disabilities
9
from hospitals to post-hospital care, whenever a patient who
10
qualifies for the federal Medicare program is hospitalized,
11
the patient shall be notified of discharge at least 24 hours
12
prior to discharge from the hospital. With regard to pending
13
discharges to a skilled nursing facility, the hospital must
14
notify the case coordination unit, as defined in 89 Ill. Adm.
15
Code 240.260, at least 24 hours prior to discharge. When the
16
assessment is completed in the hospital, the case coordination
17
unit shall provide a copy of the required assessment
18
documentation directly to the nursing home to which the
19
patient is being discharged prior to discharge. The Department
20
on Aging shall provide notice of this requirement to case
21
coordination units. When a case coordination unit is unable to
22
complete an assessment in a hospital prior to the discharge of
23
a patient, 60 years of age or older, to a nursing home, the

HB4580
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LRB104 17693 BAB 31124 b
1
case coordination unit shall notify the Department on Aging
2
which shall notify the Department of Healthcare and Family
3
Services.
The Department on Aging shall adopt rules to address
4
these instances to ensure that the patient is able to access
5
nursing home care, the nursing home is not penalized for
6
accepting the admission, and the patient's timely discharge
7
from the hospital is not delayed, to the extent permitted
8
under federal law or regulation.
Nothing in this subsection
9
shall preclude federal requirements for a pre-admission
10
screening/mental health (PAS/MH) as required under Section
11
2-201.5 of the Nursing Home Care Act or State or federal law or
12
regulation. If home health services are ordered, the hospital
13
must inform its designated case coordination unit, as defined
14
in 89 Ill. Adm. Code 240.260, of the pending discharge and must
15
provide the patient with the case coordination unit's
16
telephone number and other contact information.
17

(b) Every hospital shall develop procedures for a
18
physician with medical staff privileges at the hospital or any
19
appropriate medical staff member to provide the discharge
20
notice prescribed in subsection (a) of this Section. The
21
procedures must include prohibitions against discharging or
22
referring a patient to any of the following if unlicensed,
23
uncertified, or unregistered: (i) a board and care facility,
24
as defined in the Board and Care Home Act; (ii) an assisted
25
living and shared housing establishment, as defined in the
26
Assisted Living and Shared Housing Act; (iii) a facility

HB4580
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LRB104 17693 BAB 31124 b
1
licensed under the Nursing Home Care Act, the Specialized
2
Mental Health Rehabilitation Act of 2013, the ID/DD Community
3
Care Act, or the MC/DD Act; (iv) a supportive living facility,
4
as defined in Section 5-5.01a of the Illinois Public Aid Code;
5
or (v) a free-standing hospice facility licensed under the
6
Hospice Program Licensing Act if licensure, certification, or
7
registration is required. The Department of Public Health
8
shall annually provide hospitals with a list of licensed,
9
certified, or registered board and care facilities, assisted
10
living and shared housing establishments, nursing homes,
11
supportive living facilities, facilities licensed under the
12
ID/DD Community Care Act, the MC/DD Act, or the Specialized
13
Mental Health Rehabilitation Act of 2013, and hospice
14
facilities. Reliance upon this list by a hospital shall
15
satisfy compliance with this requirement. The procedure may
16
also include a waiver for any case in which a discharge notice
17
is not feasible due to a short length of stay in the hospital
18
by the patient, or for any case in which the patient
19
voluntarily desires to leave the hospital before the
20
expiration of the 24 hour period.
21

(c) At least 24 hours prior to discharge from the
22
hospital, the patient shall receive written information on the
23
patient's right to appeal the discharge pursuant to the
24
federal Medicare program, including the steps to follow to
25
appeal the discharge and the appropriate telephone number to
26
call in case the patient intends to appeal the discharge.

HB4580
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LRB104 17693 BAB 31124 b
1

(d) Before transfer of a patient to a long term care
2
facility licensed under the Nursing Home Care Act where
3
elderly persons reside, a hospital shall as soon as
4
practicable initiate a name-based criminal history background
5
check by electronic submission to the Illinois State Police
6
for all persons between the ages of 18 and 70 years; provided,
7
however, that a hospital shall be required to initiate such a
8
background check only with respect to patients who:
9

(1) are transferring to a long term care facility for
10

the first time;
11

(2) have been in the hospital more than 5 days;
12

(3) are reasonably expected to remain at the long term
13

care facility for more than 30 days;
14

(4) have a known history of serious mental illness or
15

substance abuse; and
16

(5) are independently ambulatory or mobile for more
17

than a temporary period of time.
18

A hospital may also request a criminal history background
19
check for a patient who does not meet any of the criteria set
20
forth in items (1) through (5).
21

A hospital shall notify a long term care facility if the
22
hospital has initiated a criminal history background check on
23
a patient being discharged to that facility. In all
24
circumstances in which the hospital is required by this
25
subsection to initiate the criminal history background check,
26
the transfer to the long term care facility may proceed

HB4580
- 5 -
LRB104 17693 BAB 31124 b
1
regardless of the availability of criminal history results.
2
Upon receipt of the results, the hospital shall promptly
3
forward the results to the appropriate long term care
4
facility. If the results of the background check are
5
inconclusive, the hospital shall have no additional duty or
6
obligation to seek additional information from, or about, the
7
patient.
8
(Source: P.A. 102-538, eff. 8-20-21; 103-102, eff. 1-1-24
.)

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