Full Text of SB2714 93rd General Assembly
SB2714 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2714
Introduced 2/4/2004, by Dale A. Righter SYNOPSIS AS INTRODUCED: |
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Amends the Assisted Living and Shared Housing Act. Provides that a "shared housing establishment" is for 16 (instead of 12) or fewer persons. Effective immediately.
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A BILL FOR
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SB2714 |
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LRB093 18193 DRJ 43888 b |
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| AN ACT concerning health facilities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Assisted Living and Shared Housing Act is | 5 |
| amended by changing Section 10 as follows:
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| (210 ILCS 9/10)
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| Sec. 10. Definitions. For purposes of this Act:
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| "Activities of daily living" means eating, dressing, | 9 |
| bathing, toileting,
transferring, or personal
hygiene.
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| "Advisory Board" means the Assisted Living and Shared | 11 |
| Housing Advisory Board.
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| "Assisted living establishment" or "establishment" means a | 13 |
| home, building,
residence, or any
other place where sleeping | 14 |
| accommodations are provided for at least 3
unrelated adults,
at | 15 |
| least 80% of whom are 55 years of age or older and where the | 16 |
| following are
provided
consistent with the purposes of this | 17 |
| Act:
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| (1) services consistent with a social model that is | 19 |
| based on the premise
that the
resident's unit in assisted | 20 |
| living and shared housing is his or her own home;
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| (2) community-based residential care for persons who | 22 |
| need assistance with
activities of
daily living, including | 23 |
| personal, supportive, and intermittent
health-related | 24 |
| services available 24 hours per day, if needed, to meet the
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| scheduled
and
unscheduled needs of a resident;
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| (3) mandatory services, whether provided directly by | 27 |
| the establishment or
by another
entity arranged for by the | 28 |
| establishment, with the consent of the resident or
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| resident's
representative; and
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| (4) a physical environment that is a homelike
setting | 31 |
| that
includes the following and such other elements as | 32 |
| established by the Department
in
conjunction with the |
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LRB093 18193 DRJ 43888 b |
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| Assisted Living and Shared Housing Advisory Board:
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| individual living units each of which shall accommodate | 3 |
| small kitchen
appliances
and contain private bathing, | 4 |
| washing, and toilet facilities, or private washing
and
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| toilet facilities with a common bathing room readily | 6 |
| accessible to each
resident.
Units shall be maintained for | 7 |
| single occupancy except in cases in which 2
residents
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| choose to share a unit. Sufficient common space shall exist | 9 |
| to permit
individual and
group activities.
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| "Assisted living establishment" or "establishment" does | 11 |
| not mean any of the
following:
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| (1) A home, institution, or similar place operated by | 13 |
| the federal
government or the
State of Illinois.
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| (2) A long term care facility licensed under the | 15 |
| Nursing Home Care Act.
However, a
long term care facility | 16 |
| may convert distinct parts of the facility to assisted
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| living. If
the long term care facility elects to do so, the | 18 |
| facility shall retain the
Certificate of
Need for its | 19 |
| nursing and sheltered care beds that were converted.
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| (3) A hospital, sanitarium, or other institution, the | 21 |
| principal activity
or business of
which is the diagnosis, | 22 |
| care, and treatment of human illness and that is
required | 23 |
| to
be licensed under the Hospital Licensing Act.
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| (4) A facility for child care as defined in the Child | 25 |
| Care Act of 1969.
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| (5) A community living facility as defined in the | 27 |
| Community Living
Facilities
Licensing Act.
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| (6) A nursing home or sanitarium operated solely by and | 29 |
| for persons who
rely
exclusively upon treatment by | 30 |
| spiritual means through prayer in accordance with
the creed | 31 |
| or tenants of a well-recognized church or religious | 32 |
| denomination.
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| (7) A facility licensed by the Department of Human | 34 |
| Services as a
community-integrated living arrangement as | 35 |
| defined in the Community-Integrated
Living
Arrangements | 36 |
| Licensure and Certification Act.
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LRB093 18193 DRJ 43888 b |
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| (8) A supportive residence licensed under the | 2 |
| Supportive Residences
Licensing Act.
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| (9) A life care facility as defined in the Life Care | 4 |
| Facilities Act; a
life care facility may
apply under this | 5 |
| Act to convert sections of the community to assisted | 6 |
| living.
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| (10) A free-standing hospice facility licensed under | 8 |
| the Hospice Program
Licensing Act.
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| (11) A shared housing establishment.
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| (12) A supportive living facility as described in | 11 |
| Section 5-5.0la of the
Illinois Public Aid
Code.
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| "Department" means the Department of Public Health.
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| "Director" means the Director of Public Health.
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| "Emergency situation" means imminent danger of death or | 15 |
| serious physical
harm to a
resident of an establishment.
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| "License" means any of the following types of licenses | 17 |
| issued to an applicant
or licensee by the
Department:
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| (1) "Probationary license" means a license issued to an | 19 |
| applicant or
licensee
that has not
held a license under | 20 |
| this Act prior to its application or pursuant to a license
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| transfer in accordance with Section 50 of this Act.
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| (2) "Regular license" means a license issued by the | 23 |
| Department to an
applicant or
licensee that is in
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| substantial compliance with this Act and any rules | 25 |
| promulgated
under this Act.
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| "Licensee" means a person, agency, association, | 27 |
| corporation, partnership, or
organization that
has been issued | 28 |
| a license to operate an assisted living or shared housing
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| establishment.
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| "Licensed health care professional" means a registered | 31 |
| professional nurse,
an advanced practice nurse, a physician | 32 |
| assistant, and a licensed practical
nurse.
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| "Mandatory services" include the following:
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| (1) 3 meals per day available to the residents prepared | 35 |
| by the
establishment or an
outside contractor;
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| (2) housekeeping services including, but not limited |
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LRB093 18193 DRJ 43888 b |
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| to, vacuuming,
dusting, and
cleaning the resident's unit;
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| (3) personal laundry and linen services available to | 3 |
| the residents
provided
or arranged
for by the | 4 |
| establishment;
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| (4) security provided 24 hours each day including, but | 6 |
| not limited to,
locked entrances
or building or contract | 7 |
| security personnel;
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| (5) an emergency communication response system, which | 9 |
| is a procedure in
place 24
hours each day by which a | 10 |
| resident can notify building management, an emergency
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| response vendor, or others able to respond to his or her | 12 |
| need for assistance;
and
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| (6) assistance with activities of daily living as | 14 |
| required by each
resident.
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| "Negotiated risk" is the process by which a resident, or | 16 |
| his or her
representative,
may formally
negotiate with | 17 |
| providers what risks each are willing and unwilling to assume | 18 |
| in
service provision
and the resident's living environment. The | 19 |
| provider assures that the resident
and the
resident's | 20 |
| representative, if any, are informed of the risks of these | 21 |
| decisions
and of
the potential
consequences of assuming these | 22 |
| risks.
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| "Owner" means the individual, partnership, corporation, | 24 |
| association, or other
person who owns
an assisted living or | 25 |
| shared housing establishment. In the event an assisted
living | 26 |
| or shared
housing establishment is operated by a person who | 27 |
| leases or manages the
physical plant, which is
owned by another | 28 |
| person, "owner" means the person who operates the assisted
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| living or shared
housing establishment, except that if the | 30 |
| person who owns the physical plant is
an affiliate of the
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| person who operates the assisted living or shared housing | 32 |
| establishment and has
significant
control over the day to day | 33 |
| operations of the assisted living or shared housing
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| establishment, the
person who owns the physical plant shall | 35 |
| incur jointly and severally with the
owner all liabilities
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| imposed on an owner under this Act.
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LRB093 18193 DRJ 43888 b |
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| "Physician" means a person licensed
under the Medical | 2 |
| Practice Act of 1987
to practice medicine in all of its
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| branches.
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| "Resident" means a person residing in an assisted living or | 5 |
| shared housing
establishment.
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| "Resident's representative" means a person, other than the | 7 |
| owner, agent, or
employee of an
establishment or of the health | 8 |
| care provider unless related to the resident,
designated in | 9 |
| writing by a
resident to be his or her
representative. This | 10 |
| designation may be accomplished through the Illinois
Power of | 11 |
| Attorney Act, pursuant to the guardianship process under the | 12 |
| Probate
Act of 1975, or pursuant to an executed designation of | 13 |
| representative form
specified by the Department.
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| "Self" means the individual or the individual's designated | 15 |
| representative.
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| "Shared housing establishment" or "establishment" means a | 17 |
| publicly or
privately operated free-standing
residence for 16
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| 12 or fewer persons, at least 80% of whom are 55
years of age or | 19 |
| older
and who are unrelated to the owners and one manager of | 20 |
| the residence, where
the following are provided:
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| (1) services consistent with a social model that is | 22 |
| based on the premise
that the resident's unit is his or her | 23 |
| own home;
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| (2) community-based residential care for persons who | 25 |
| need assistance with
activities of daily living, including | 26 |
| housing and personal, supportive, and
intermittent | 27 |
| health-related services available 24 hours per day, if | 28 |
| needed, to
meet the scheduled and unscheduled needs of a | 29 |
| resident; and
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| (3) mandatory services, whether provided directly by | 31 |
| the establishment or
by another entity arranged for by the | 32 |
| establishment, with the consent of the
resident or the | 33 |
| resident's representative.
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| "Shared housing establishment" or "establishment" does not | 35 |
| mean any of the
following:
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| (1) A home, institution, or similar place operated by |
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SB2714 |
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LRB093 18193 DRJ 43888 b |
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| 1 |
| the federal
government or the State of Illinois.
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| (2) A long term care facility licensed under the | 3 |
| Nursing Home Care Act.
A long term care facility may, | 4 |
| however, convert sections of the facility to
assisted | 5 |
| living. If the long term care facility elects to do so, the | 6 |
| facility
shall retain the Certificate of Need for its | 7 |
| nursing beds that were
converted.
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| (3) A hospital, sanitarium, or other institution, the | 9 |
| principal activity
or business of which is the diagnosis, | 10 |
| care, and treatment of human illness and
that is required | 11 |
| to be licensed under the Hospital Licensing Act.
| 12 |
| (4) A facility for child care as defined in the Child | 13 |
| Care Act of 1969.
| 14 |
| (5) A community living facility as defined in the | 15 |
| Community Living
Facilities Licensing Act.
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| (6) A nursing home or sanitarium operated solely by and | 17 |
| for persons who
rely exclusively upon treatment by | 18 |
| spiritual means through prayer in accordance
with the creed | 19 |
| or tenants of a well-recognized church or religious
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| denomination.
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| (7) A facility licensed by the Department of Human | 22 |
| Services as a
community-integrated
community-intergrated
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| living arrangement as defined in the Community-Integrated
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| Living Arrangements Licensure and Certification Act.
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| (8) A supportive residence licensed under the | 26 |
| Supportive Residences
Licensing Act.
| 27 |
| (9) A life care facility as defined in the Life Care | 28 |
| Facilities Act; a
life care facility may apply under this | 29 |
| Act to convert sections of the
community to assisted | 30 |
| living.
| 31 |
| (10) A free-standing hospice facility licensed under | 32 |
| the Hospice Program
Licensing Act.
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| (11) An assisted living establishment.
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| (12) A supportive living facility as described in | 35 |
| Section 5-5.01a of the
Illinois Public Aid Code.
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| "Total assistance" means that staff or another individual |
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SB2714 |
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LRB093 18193 DRJ 43888 b |
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| performs the entire
activity of daily
living without | 2 |
| participation by the resident.
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| (Source: P.A. 91-656, eff. 1-1-01.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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