100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4664

 

Introduced , by Rep. Kathleen Willis

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Life Care Facilities Act. Adds provisions concerning required disclosures and life care contract requirements for providers under the Act. Provides that at the time of or before the execution of a life care contract, or at the time of or before to the transfer of any money or other property to a provider by or on behalf of a prospective resident, whichever shall first occur, a provider shall deliver a disclosure statement to the person with whom the life care contract is to be entered into that contains specified information. Provides that residents may receive, upon request, specified information from providers and may submit comments. Provides that providers shall, to the maximum extent practicable, offer specified explanations, inform residents of certain matters, and make use of specified standards and practices. Provides that a violation of these provisions by a provider of a facility is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that the Department of Financial and Professional Regulation shall take specified enforcement actions if he or she receives notice from an escrow agent that specified provisions of the Act have not been complied with. Provides that the Secretary of Professional and Financial Regulation may conduct audits of providers. Provides that a provider shall provide all residents of a facility and the Department of Public Health with a printed report that contains certain information. Provides that the Department of Public Health shall provide the public with online access to the annual reports, inspection reports, and other specified information. Provides that an increase in a regular periodic charge not outlined in a life care contract must be approved by the Secretary of Financial and Professional Regulation. Makes other changes.


LRB100 20398 MJP 35719 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4664LRB100 20398 MJP 35719 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Senior
5Independent Living Bill of Rights Act.
 
6    Section 5. Purpose. This Act is intended to establish new
7and strengthen existing rights for Illinois seniors residing in
8independent living arrangements, often found as one service
9component of continuing care retirement communities. Given
10that the Department on Aging estimates a 57% increase in State
11residents ages 60 and over from the years 2000 to 2030, the
12General Assembly recognizes the need to proactively pass a
13Senior Independent Living Bill of Rights to ensure adequate
14protections for Illinois seniors. The General Assembly finds
15the adoption of a Senior Independent Living Bill of Rights
16necessary to increase standards to safeguard seniors from
17potentially harmful, ambiguous, or unfair agreements
18associated with independent living and continuing care
19retirement communities. The proposed reforms will further
20demonstrate the State of Illinois' commitment to protecting
21seniors in their homes, communities, and applicable long-term
22care establishments and facilities.
 

 

 

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1    Section 10. The Life Care Facilities Act is amended by
2changing Sections 5, 6, 9, and 10 and by adding Sections 4.1,
310.2, 10.3, and 10.4 as follows:
 
4    (210 ILCS 40/4.1 new)
5    Sec. 4.1. Required disclosures; life care contract
6requirements. An existing or future provider must meet the
7following requirements to obtain or retain a permit under this
8Act:
9        (1) At the time of or before the execution of a life
10    care contract, or at the time of or before the transfer of
11    any money or other property to a provider by or on behalf
12    of a prospective resident, whichever shall first occur, the
13    provider shall deliver a disclosure statement to the person
14    with whom the life care contract is to be entered into, the
15    text of which shall contain, to the extent not clearly and
16    completely set forth in the life care contract attached as
17    an exhibit thereto, at least the following information:
18            (A) The name and business address of the provider
19        and a statement of whether the provider is a
20        partnership, corporation, or other type of legal
21        entity.
22            (B) The names of the officers, directors,
23        trustees, or managing or general partners of the
24        provider and a description of each named person's
25        occupation with the provider.

 

 

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1            (C) A description of the business experience of the
2        provider in the operation or management of similar
3        facilities and of the manager of the facility if the
4        facility will be managed on a day-to-day basis by an
5        organization other than the provider. The description
6        shall include information on any matter in which the
7        manager or provider (i) has been convicted of a felony
8        or pleaded nolo contendere to a felony charge, or been
9        held liable or enjoined in a civil action by final
10        judgment, if the felony or civil action involved fraud,
11        embezzlement, fraudulent conversion, or
12        misappropriation of property; or (ii) is subject to a
13        currently effective injunctive or restrictive court
14        order or, within the last 5 years, had any State or
15        federal license or permit suspended or revoked as a
16        result of an action brought by a governmental agency or
17        department, if the order or action arose out of or
18        related to business activity of health care, including
19        actions affecting a license to operate a long-term care
20        facility, retirement home, home for the aged, or
21        assisted living establishment subject to this Act or a
22        similar law in Illinois or another state.
23            (D) A statement as to whether or not the provider
24        is, or is affiliated with, a religious, charitable or
25        other nonprofit organization; the extent of the
26        affiliation, if any; the extent to which the affiliate

 

 

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1        organization will be responsible for the financial and
2        contract obligations of the provider; and the
3        provision of the federal Internal Revenue Code, if any,
4        under which the provider or affiliate is exempt from
5        the payment of income tax.
6            (E) The location and description of the physical
7        property or properties of the facility, existing or
8        proposed and, to the extent proposed, the estimated
9        completion date or dates, whether or not construction
10        has begun and the contingencies subject to which
11        construction may be deferred.
12            (F) Certified financial statements of the
13        provider, including a balance sheet as of the end of
14        the most recent fiscal year and income statements for
15        the 3 most recent fiscal years of the provider or such
16        shorter period of time as the provider shall have been
17        in existence. If the provider's fiscal year ended more
18        than 90 days prior to the date the application is
19        filed, interim financial statements as of a date not
20        more than 90 days before the filing shall be included,
21        but need not be certified.
22            (G) If the operation of the facility has not yet
23        commenced, a statement of the anticipated source and
24        application of the funds used or to be used in the
25        purchase or construction of the facility, including:
26        (i) an estimate of the cost of purchasing or

 

 

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1        constructing and equipping the facility, including
2        related costs such as financing expense, legal
3        expense, land costs, occupancy development costs, and
4        all other similar costs that the provider expects to
5        incur or become obligated for before the commencement
6        of operations; (ii) a description of any mortgage loan
7        or other long-term financing intended to be used for
8        the financing of the facility, including the
9        anticipated terms and costs of the financing; (iii) an
10        estimate of the total entrance fees to be received from
11        residents at or before commencement of operation of the
12        facility; (iv) an estimate of the funds, if any, that
13        are anticipated to be necessary to fund start-up losses
14        and provide reserve funds to assure full performance of
15        the obligations of the provider under a life care
16        contract; (v) a projection of estimated income from
17        fees and charges other than entrance fees, showing
18        individual rates presently anticipated to be charged
19        and including a description of the assumptions used for
20        calculating the estimated occupancy rate of the
21        facility and the effect on the income of the facility
22        of government subsidies for health care services, if
23        any, to be provided pursuant to a life care contract;
24        and (vi) such other material information concerning
25        the facility or the provider as the provider wishes to
26        include.

 

 

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1            (H) An actuarial report that is no more than 2
2        years old and the summary of a report of an actuary
3        that estimates the capacity of the provider to meet its
4        contractual obligations to the residents.
5            (I) Forecasted financial statements for the
6        provider of the next 5 years, including a balance
7        sheet, a statement of operations, a statement of cash
8        flows, and a statement detailing all significant
9        assumptions, compiled by an independent certified
10        public accountant. Reporting routine, categories, and
11        structure may be further defined by rules or forms
12        adopted by the Department of Financial and
13        Professional Regulation.
14            (J) The estimated number of residents of the
15        facility to be provided services by the provider
16        pursuant to a life care contract.
17            (K) Any other material information concerning the
18        facility or the provider that, if omitted, would lead a
19        reasonable person not to enter into the life care
20        contract.
21        The cover page of the disclosure statement shall state,
22    in a prominent location and in boldface type, the date of
23    the disclosure statement, the last date through which that
24    disclosure statement may be delivered if not earlier
25    revised, and that the delivery of the disclosure statement
26    to a contracting party before the execution of a life care

 

 

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1    contract is required by this Section but that the
2    disclosure statement has not been reviewed or approved by
3    any government agency or representative to ensure accuracy
4    or completeness of the information set out. A copy of the
5    standard form of a life care contract used by the provider
6    shall be attached to each disclosure statement. The
7    Department of Financial and Professional Regulation may
8    prescribe a standardized format for the disclosure
9    statement required by this paragraph. The disclosure
10    statement shall be in plain English and in language
11    understandable by a layperson and combine simplicity and
12    accuracy to fully advise residents of the items required by
13    this paragraph. The Department of Financial and
14    Professional Regulation may require a provider to alter or
15    amend its disclosure statement in order to provide full and
16    fair disclosure to prospective residents. The Department
17    of Financial and Professional Regulation may also require
18    the revision of a disclosure statement that it finds to be
19    unnecessarily complex, confusing, or illegible.
20        (2) A life care contract for a facility used by a
21    provider shall provide all of the following:
22            (A) The party contracting with the provider may
23        rescind the life care contract at any time before
24        occupying a living unit in the facility, in which event
25        the party shall, within a reasonable period, receive a
26        refund of all money or property transferred to the

 

 

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1        provider, less (i) those costs specifically incurred
2        by the provider or facility at the request of the party
3        and described in the life care contract or an addendum
4        thereto signed by the party; and (ii) a reasonable
5        service charge, if set out in the life care contract,
6        not to exceed 1% of the entrance fee. If the unit is
7        available for occupancy on the occupancy date agreed
8        upon in the life care contract, and the party failed to
9        occupy the unit, the party shall be deemed to have
10        rescinded the life care contract, unless the party and
11        the provider agree in writing to extend the occupancy
12        date.
13            (B) If the unit is not available for occupancy on
14        the date agreed upon in the life care contract, and the
15        party has not rescinded the life care contract, the
16        life care contract shall be automatically canceled,
17        unless the party and the provider agree in writing to
18        extend the occupancy date. If the life care contract is
19        automatically canceled the party shall, within a
20        reasonable period, receive a refund of all money or
21        property transferred to the provider plus a reasonable
22        inconvenience fee, if set out in the life care
23        contract, not to exceed 1% of the amount of the
24        entrance fee.
25            (C) If a resident dies before occupying a living
26        unit in the facility, the life care contract is

 

 

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1        automatically canceled and the legal representative of
2        the resident shall receive a refund of all money or
3        property transferred to the provider, less (i) those
4        costs specifically incurred by the provider or
5        facility at the request of the party and described in
6        the life care contract or an addendum thereto signed by
7        the party; and (ii) a reasonable service charge, if set
8        out in the life care contract, not to exceed 1% of the
9        entrance fee.
10            (D) The entrance fee minus no more than 1% for each
11        month of occupancy shall be refunded to the resident
12        when the resident leaves the facility or to the legal
13        representative of a resident if the resident dies.
14            (E) The services provided or proposed to be
15        provided under a life care contract, including the
16        extent to which medical care is furnished, and
17        specifying those services that are included in the
18        basic life care contract and those made available at or
19        by the facility at extra charge.
20            (F) A description of all fees required of
21        residents, including the entrance fee and periodic
22        charges, if any. The description shall include: (i) a
23        statement of the fees that will be charged if the
24        resident marries while at the facility and a statement
25        of the terms concerning the entry of a spouse to the
26        facility and the consequences if the spouse does not

 

 

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1        meet the requirements for entry, (ii) the
2        circumstances under which the resident will be
3        permitted to remain in the facility in the event of
4        possible financial difficulties for a resident, (iii)
5        the conditions under which a living unit occupied by a
6        resident may be made available by the facility to a
7        different or new resident other than on the death of
8        the original resident, (iv) the manner by which the
9        provider may adjust periodic charges or other
10        recurring fees and the limitations on such
11        adjustments, if any, and (v) how many non-residents the
12        facility allows to occupy bed space and what the
13        facility will do if there are no available nursing beds
14        at the facility should a current resident require such
15        care. If the facility is already in operation, or if
16        the provider or manager operates one or more similar
17        facilities within the State, there shall be included
18        tables showing the frequency and average dollar amount
19        of each increase in periodic rates at each facility for
20        the previous 5 years or such shorter period as the
21        facility may have been operated by the provider or
22        manager.
23            (G) The health and financial conditions required
24        for an individual to be accepted as a resident and to
25        continue as a resident once accepted, including the
26        effect of any change in the health or financial

 

 

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1        condition of a person between the date of entering a
2        life care contract and the date of initial occupancy of
3        a living unit by that person.
4            (H) The provisions that have been made or will be
5        made, if any, to provide reserve funding or security to
6        enable the provider to fully perform its obligations
7        under a life care contract, including the
8        establishment of escrow accounts, trusts, or reserve
9        funds, together with the manner in which the funds will
10        be invested and the names and experience of persons who
11        will make the investment decisions.
12        A life care contract drawn in violation of this
13    paragraph may be rescinded by the resident, and the
14    resident shall be entitled to a full refund of the entrance
15    fee.
16        (3) As used in this paragraph, "market" includes, but
17    is not limited to, establishment of a waiting list,
18    acceptance of money, property, or other consideration, or
19    distribution of marketing brochures by the provider.
20        A provider intending to market or develop a facility
21    pursuant to a life care contract that would require
22    prepayment for some or all of a facility's services or
23    intending to market or develop additional units of a
24    facility shall forward a copy of the following information
25    to the Department of Financial and Professional Regulation
26    within 30 days following the implementation of marketing of

 

 

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1    the facility:
2            (A) the disclosure statement required under
3        paragraph (1) to be delivered to a person with whom a
4        life care contract for the facility is to be entered;
5            (B) the life care contract for the facility to be
6        entered into by the provider under paragraph (2) with a
7        person who will occupy a living unit in the facility;
8        and
9            (C) any available advertising or promotional
10        material to be used in conjunction with the marketing
11        effort.
12        A provider shall forward a copy of any changes in the
13    information required to be provided within 30 days after
14    the provider's utilization of the changed materials with
15    prospective residents or residents of the facility. A
16    provider intending to market or develop additional units of
17    a facility who has filed such information with the
18    Department of Financial and Professional Regulation
19    pursuant to a previous marketing effort on the same units
20    shall not be required to refile unless there has been a
21    change in the information submitted. The Department shall
22    make the information available to the public in a manner
23    that allows residents and prospective residents to make
24    informed choices regarding the selection of a provider,
25    packages of services and coverage, and care alternatives.
26        A provider shall forward a copy of the building permit

 

 

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1    for a facility to the Department of Financial and
2    Professional Regulation within 30 days after its issuance
3    by the city or town where the facility shall be located.
4        (4) A provider providing continuing care at a facility
5    on the effective date of this amendatory Act of the 100th
6    General Assembly under a life care contract that requires
7    prepayment for some or all of the covered services shall,
8    within 30 days after the effective date of this amendatory
9    Act of the 100th General Assembly, forward a copy of the
10    following to the Department of Financial and Professional
11    Regulation:
12            (A) the disclosure statement required under
13        paragraph (2) to be delivered to a person with whom a
14        life care contract shall be entered;
15            (B) the life care contract to be entered into by
16        the provider under paragraph (2) with a person who will
17        occupy a living unit in a facility;
18            (C) any available advertising or promotional
19        material to be used in conjunction with such marketing
20        effort; and
21            (D) a copy of the building permit for the facility.
22        A provider shall forward a copy of any changes in the
23    information required to be provided within 30 days after
24    the provider's utilization of the materials with
25    prospective residents or residents of the facility. A
26    provider intending to market or develop additional units of

 

 

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1    a facility who has filed the information within the
2    Department of Financial and Professional Regulation
3    pursuant to a previous marketing effort on the same units
4    shall not be required to refile unless there has been a
5    change in the information submitted. The Department
6    Financial and Professional Regulation shall make the
7    information available to the public in a manner that shall
8    allow residents and prospective residents to make informed
9    choices regarding the selection of a provider, packages of
10    services and coverage, and care alternatives.
11        (5) Residents may:
12            (A) establish a residents association and elect
13        the officers of the residents association;
14            (B) receive, upon request, a current copy of a
15        facility's disclosure statement as described in
16        paragraph (1), and providers shall, upon request, make
17        a reasonable effort to explain the terms and
18        information contained within the disclosure document;
19        however, nothing in this subparagraph shall be
20        construed to modify the contractual rights of
21        residents or providers and providers may make
22        reasonable provisions for the form and manner in which
23        the requests shall be submitted;
24            (C) submit comments to providers on matters that
25        may affect the health and welfare of residents and
26        affect the future of the facility, including, but not

 

 

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1        limited to, the facility's size and ownership and the
2        provider's financial health; providers may make
3        reasonable provisions for the form and manner in which
4        the comments shall be submitted and, to the maximum
5        extent feasible, shall seek comment from residents
6        when designing or adopting policies that significantly
7        affect the future of the facility;
8            (D) receive, upon request, information regarding
9        any major construction, modification, expansion, or
10        renovation of the facility, including information on
11        cost estimates, funding, financing, projected income,
12        schedule, and impacts on the existing facility;
13        providers may make reasonable provisions for the form
14        and manner in which the requests shall be submitted;
15        and
16            (E) receive, upon request, information regarding
17        the purpose and intended funding of all financial
18        reserves kept by a provider; providers may make
19        reasonable provisions for the form and manner in which
20        the requests may be submitted.
21        (6) A provider shall, to the maximum extent
22    practicable:
23            (A) offer a reasonable explanation of any
24        adjustment in monthly fees and other major fees paid by
25        residents;
26            (B) inform residents of matters that may affect the

 

 

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1        health and welfare of residents and affecting the
2        future of the facility, including, but not limited to,
3        the facility's size and ownership and the provider's
4        financial health; on these matters, the providers
5        shall facilitate communications between residents and
6        management and between residents and boards or owners,
7        which may include residents' representation on the
8        provider's managing body, but need not depend solely on
9        board representation; and
10            (C) make use of applicable standards and practices
11        to maintain and project each facility's operational
12        and financial viability and, upon request, give that
13        information regarding the standards and practices used
14        by providers to the residents; the provider may make
15        reasonable provisions for the form and manner in which
16        the requests shall be submitted.
17        (7) Notwithstanding the remedy set forth in paragraph
18    (2), a violation of this Section by a provider for a
19    facility shall constitute an unlawful practice under the
20    Consumer Fraud and Deceptive Business Practices Act.
21    A facility must comply with the provisions of this Section
22within one year after the effective date of this amendatory Act
23of the 100th General Assembly.
 
24    (210 ILCS 40/5)  (from Ch. 111 1/2, par. 4160-5)
25    Sec. 5. (a) At the time of or prior to the execution of a

 

 

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1life care contract and the transfer of any money or other
2property to a provider or escrow agent, the provider shall
3deliver to the resident a copy of a financial disclosure
4statement reflecting the provider's financial condition. This
5statement shall include, but not be limited to, disclosure of
6short-term and long-term short term assets and liabilities.
7    (b) The life care contract shall provide that any person
8entering into the contract shall have a period of 14 days
9beginning with the first full calendar day following the
10execution of the contract, or the payment of an initial sum of
11money as a deposit or application fee, or receipt of the
12financial disclosure statement, whichever occurs last, within
13which to rescind the life care contract without penalty or
14further obligation. In the event of such rescission, all money
15or property paid or transferred by such person shall be fully
16refunded. No person shall be required to move into a facility
17until after the expiration of the 14 day rescission period. No
18permit shall be issued under this Act if the form of life care
19contract attached as an exhibit in support of the application
20for permit as provided in Section 4 does not contain the
21provisions required by this paragraph (b).
22(Source: P.A. 82-547.)
 
23    (210 ILCS 40/6)  (from Ch. 111 1/2, par. 4160-6)
24    Sec. 6. Upon receipt of the completed application and
25exhibits and payment of the fee by the applicant, and proof of

 

 

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1compliance by the applicant with the provisions of Section 7,
2the Director shall issue a permit to the provider, subject to
3the conditions imposed pursuant to Section 7, allowing the
4provider to enter into life care contracts with respect to the
5number of living units and facility described in the
6application.
7    A permit issued pursuant to this Act shall remain in full
8force, subject to the provisions of this Act, and shall be
9publicly displayed contain in a prominent location a statement
10that the issuance of such permit neither constitutes approval,
11recommendation or endorsement by the Department or Director nor
12evidences the accuracy or completeness of the information
13furnished to the Department. A permit may be revoked by the
14Department if the facility fails to provide to the Department
15an accurate disclosure document in accordance with the
16Alzheimer's Disease and Related Dementias Special Care
17Disclosure Act.
18    All permits shall be nontransferable.
19(Source: P.A. 96-990, eff. 7-2-10.)
 
20    (210 ILCS 40/9)  (from Ch. 111 1/2, par. 4160-9)
21    Sec. 9. At any time the Director or the Secretary of
22Financial and Professional Regulation receives notice from the
23escrow agent that the provisions of Section 7 have not been
24complied with, or at any other time when the Director or the
25Secretary of Financial and Professional Regulation has reason

 

 

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1to believe that the provider is insolvent, is in imminent
2danger of becoming insolvent or that its condition is such that
3it may be financially unable to fully perform its obligations
4pursuant to life care contracts, the Director or the Secretary
5of Financial and Professional Regulation shall, through the
6Attorney General, file an appropriate action on behalf of the
7State of Illinois and any or all residents in any court of
8competent jurisdiction, including the federal bankruptcy court
9or any other federal court.
10(Source: P.A. 82-547.)
 
11    (210 ILCS 40/10)  (from Ch. 111 1/2, par. 4160-10)
12    Sec. 10. The Director or his or her authorized designee, or
13the Secretary of Financial and Professional Regulation or his
14or her designee, may conduct an audit or other examination of
15the financial affairs of any provider as often as he deems it
16necessary for the protection of the interests of the residents
17and the people of this State, and for this purpose shall have
18access to the books, records, financial data and other
19documents maintained by the facility.
20(Source: P.A. 82-547.)
 
21    (210 ILCS 40/10.2 new)
22    Sec. 10.2. Annual report. A printed report compiled by the
23provider of a facility shall be provided to all residents of
24the facility on an annual basis and submitted to the Department

 

 

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1on an annual basis. The report shall be updated with the
2information for the preceding year as well as future
3projections, where specified. The report shall be in 12-point
4bold type and provide, at minimum, the following:
5        (1) a statement detailing the facility's financial
6    condition;
7        (2) audited balance sheets;
8        (3) a statement of income and expenses;
9        (4) a statement of cash flow changes;
10        (5) a list of reserve assets;
11        (6) a summary of recent State inspections;
12        (7) a copy of the current contract;
13        (8) the policy if financial difficulties arise;
14        (9) the rules and regulations of the facility;
15        (10) the life changes policy; and
16        (11) anticipated fee increases for the upcoming year.
 
17    (210 ILCS 40/10.3 new)
18    Sec. 10.3. Online consumer database. The Department shall
19provide the public with online access to the annual reports
20required under Section 10.2, facility inspection reports, and
21any other documentation that the Department determines may be
22useful for a member of the public who is determining whether he
23or she would like to live at a facility.
 
24    (210 ILCS 40/10.4 new)

 

 

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1    Sec. 10.4. Regular periodic charges. An increase in a
2regular periodic charge not outlined in a life care contract
3must be approved by the Secretary of Financial and Professional
4Regulation before the provider or facility may charge a
5resident with the increase. A request to increase a regular
6periodic charge must be accompanied by a detailed outline and
7description justifying the increase.
 
8    Section 15. The Consumer Fraud and Deceptive Business
9Practices Act is amended by adding Section 2VVV as follows:
 
10    (815 ILCS 505/2VVV new)
11    Sec. 2VVV. Violations of the Life Care Facilities Act. A
12provider for a facility under the Life Care Facilities Act who
13violates Section 4.1 of the Life Care Facilities Act commits an
14unlawful practice within the meaning of this Act.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    210 ILCS 40/4.1 new
4    210 ILCS 40/5from Ch. 111 1/2, par. 4160-5
5    210 ILCS 40/6from Ch. 111 1/2, par. 4160-6
6    210 ILCS 40/9from Ch. 111 1/2, par. 4160-9
7    210 ILCS 40/10from Ch. 111 1/2, par. 4160-10
8    210 ILCS 40/10.2 new
9    210 ILCS 40/10.3 new
10    210 ILCS 40/10.4 new
11    815 ILCS 505/2VVV new