(a) No person shall:
         (1) Knowingly charge a resident of a nursing home for
    
any services provided pursuant to Article V of the Illinois Public Aid Code, money or other consideration at a rate in excess of the rates established for covered services by the Illinois Department pursuant to Article V of the Illinois Public Aid Code; or
        (2) Knowingly charge, solicit, accept or receive, in
    
addition to any amount otherwise authorized or required to be paid pursuant to Article V of the Illinois Public Aid Code, any gift, money, donation or other consideration:
            (i) As a precondition to admitting or expediting
        
the admission of a recipient or applicant, pursuant to Article V of the Illinois Public Aid Code, to a long-term care facility as defined in § 1-113 of the Nursing Home Care Act or a facility as defined in § 1-113 of the ID/DD Community Care Act, § 1-113 of the MC/DD Act, or § 1-102 of the Specialized Mental Health Rehabilitation Act of 2013; and
            (ii) As a requirement for the recipient’s or
        
applicant’s continued stay in such facility when the cost of the services provided therein to the recipient is paid for, in whole or in part, pursuant to Article V of the Illinois Public Aid Code.
    (b) Nothing herein shall prohibit a person from making a voluntary contribution, gift or donation to a long-term care facility.
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Terms Used In Illinois Compiled Statutes 305 ILCS 5/8A-11

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

     (c) This paragraph shall not apply to agreements to provide continuing care or life care between a life care facility as defined by the Life Care Facilities Act, and a person financially eligible for benefits pursuant to Article V of the Illinois Public Aid Code.
     (d) Any person who violates this Section shall be guilty of a business offense and fined not less than $5,000 nor more than $25,000.
     (e) “Person”, as used in this Section, means an individual, corporation, partnership, or unincorporated association.
     (f) The State‘s Attorney of the county in which the facility is located and the Attorney General shall be notified by the Illinois Department of any alleged violations of this Section known to the Department.
     (g) The Illinois Department shall adopt rules and regulations to carry out the provisions of this Section.
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