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Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

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210 ILCS 9/10

    (210 ILCS 9/10)
    (Text of Section before amendment by P.A. 100-513)
    Sec. 10. Definitions. For purposes of this Act:
    "Activities of daily living" means eating, dressing, bathing, toileting, transferring, or personal hygiene.
    "Assisted living establishment" or "establishment" means a home, building, residence, or any other place where sleeping accommodations are provided for at least 3 unrelated adults, at least 80% of whom are 55 years of age or older and where the following are provided consistent with the purposes of this Act:
        (1) services consistent with a social model that is
    
based on the premise that the resident's unit in assisted living and shared housing is his or her own home;
        (2) community-based residential care for persons who
    
need assistance with activities of daily living, including personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident;
        (3) mandatory services, whether provided directly by
    
the establishment or by another entity arranged for by the establishment, with the consent of the resident or resident's representative; and
        (4) a physical environment that is a homelike setting
    
that includes the following and such other elements as established by the Department: individual living units each of which shall accommodate small kitchen appliances and contain private bathing, washing, and toilet facilities, or private washing and toilet facilities with a common bathing room readily accessible to each resident. Units shall be maintained for single occupancy except in cases in which 2 residents choose to share a unit. Sufficient common space shall exist to permit individual and group activities.
    "Assisted living establishment" or "establishment" does not mean any of the following:
        (1) A home, institution, or similar place operated
    
by the federal government or the State of Illinois.
        (2) A long term care facility licensed under the
    
Nursing Home Care Act, a facility licensed under the Specialized Mental Health Rehabilitation Act of 2013, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the MC/DD Act. However, a facility licensed under any of those Acts may convert distinct parts of the facility to assisted living. If the facility elects to do so, the facility shall retain the Certificate of Need for its nursing and sheltered care beds that were converted.
        (3) A hospital, sanitarium, or other institution, the
    
principal activity or business of which is the diagnosis, care, and treatment of human illness and that is required to be licensed under the Hospital Licensing Act.
        (4) A facility for child care as defined in the Child
    
Care Act of 1969.
        (5) A community living facility as defined in the
    
Community Living Facilities Licensing Act.
        (6) A nursing home or sanitarium operated solely by
    
and for persons who rely exclusively upon treatment by spiritual means through prayer in accordance with the creed or tenants of a well-recognized church or religious denomination.
        (7) A facility licensed by the Department of Human
    
Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act.
        (8) A supportive residence licensed under the
    
Supportive Residences Licensing Act.
        (9) The portion of a life care facility as defined in
    
the Life Care Facilities Act not licensed as an assisted living establishment under this Act; a life care facility may apply under this Act to convert sections of the community to assisted living.
        (10) A free-standing hospice facility licensed under
    
the Hospice Program Licensing Act.
        (11) A shared housing establishment.
        (12) A supportive living facility as described in
    
Section 5-5.01a of the Illinois Public Aid Code.
    "Department" means the Department of Public Health.
    "Director" means the Director of Public Health.
    "Emergency situation" means imminent danger of death or serious physical harm to a resident of an establishment.
    "License" means any of the following types of licenses issued to an applicant or licensee by the Department:
        (1) "Probationary license" means a license issued to
    
an applicant or licensee that has not held a license under this Act prior to its application or pursuant to a license transfer in accordance with Section 50 of this Act.
        (2) "Regular license" means a license issued by the
    
Department to an applicant or licensee that is in substantial compliance with this Act and any rules promulgated under this Act.
    "Licensee" means a person, agency, association, corporation, partnership, or organization that has been issued a license to operate an assisted living or shared housing establishment.
    "Licensed health care professional" means a registered professional nurse, an advanced practice nurse, a physician assistant, and a licensed practical nurse.
    "Mandatory services" include the following:
        (1) 3 meals per day available to the residents
    
prepared by the establishment or an outside contractor;
        (2) housekeeping services including, but not limited
    
to, vacuuming, dusting, and cleaning the resident's unit;
        (3) personal laundry and linen services available to
    
the residents provided or arranged for by the establishment;
        (4) security provided 24 hours each day including,
    
but not limited to, locked entrances or building or contract security personnel;
        (5) an emergency communication response system, which
    
is a procedure in place 24 hours each day by which a resident can notify building management, an emergency response vendor, or others able to respond to his or her need for assistance; and
        (6) assistance with activities of daily living as
    
required by each resident.
    "Negotiated risk" is the process by which a resident, or his or her representative, may formally negotiate with providers what risks each are willing and unwilling to assume in service provision and the resident's living environment. The provider assures that the resident and the resident's representative, if any, are informed of the risks of these decisions and of the potential consequences of assuming these risks.
    "Owner" means the individual, partnership, corporation, association, or other person who owns an assisted living or shared housing establishment. In the event an assisted living or shared housing establishment is operated by a person who leases or manages the physical plant, which is owned by another person, "owner" means the person who operates the assisted living or shared housing establishment, except that if the person who owns the physical plant is an affiliate of the person who operates the assisted living or shared housing establishment and has significant control over the day to day operations of the assisted living or shared housing establishment, the person who owns the physical plant shall incur jointly and severally with the owner all liabilities imposed on an owner under this Act.
    "Physician" means a person licensed under the Medical Practice Act of 1987 to practice medicine in all of its branches.
    "Resident" means a person residing in an assisted living or shared housing establishment.
    "Resident's representative" means a person, other than the owner, agent, or employee of an establishment or of the health care provider unless related to the resident, designated in writing by a resident to be his or her representative. This designation may be accomplished through the Illinois Power of Attorney Act, pursuant to the guardianship process under the Probate Act of 1975, or pursuant to an executed designation of representative form specified by the Department.
    "Self" means the individual or the individual's designated representative.
    "Shared housing establishment" or "establishment" means a publicly or privately operated free-standing residence for 16 or fewer persons, at least 80% of whom are 55 years of age or older and who are unrelated to the owners and one manager of the residence, where the following are provided:
        (1) services consistent with a social model that is
    
based on the premise that the resident's unit is his or her own home;
        (2) community-based residential care for persons who
    
need assistance with activities of daily living, including housing and personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident; and
        (3) mandatory services, whether provided directly by
    
the establishment or by another entity arranged for by the establishment, with the consent of the resident or the resident's representative.
    "Shared housing establishment" or "establishment" does not mean any of the following:
        (1) A home, institution, or similar place operated by
    
the federal government or the State of Illinois.
        (2) A long term care facility licensed under the
    
Nursing Home Care Act, a facility licensed under the Specialized Mental Health Rehabilitation Act of 2013, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the MC/DD Act. A facility licensed under any of those Acts may, however, convert sections of the facility to assisted living. If the facility elects to do so, the facility shall retain the Certificate of Need for its nursing beds that were converted.
        (3) A hospital, sanitarium, or other institution, the
    
principal activity or business of which is the diagnosis, care, and treatment of human illness and that is required to be licensed under the Hospital Licensing Act.
        (4) A facility for child care as defined in the Child
    
Care Act of 1969.
        (5) A community living facility as defined in the
    
Community Living Facilities Licensing Act.
        (6) A nursing home or sanitarium operated solely by
    
and for persons who rely exclusively upon treatment by spiritual means through prayer in accordance with the creed or tenants of a well-recognized church or religious denomination.
        (7) A facility licensed by the Department of Human
    
Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act.
        (8) A supportive residence licensed under the
    
Supportive Residences Licensing Act.
        (9) A life care facility as defined in the Life Care
    
Facilities Act; a life care facility may apply under this Act to convert sections of the community to assisted living.
        (10) A free-standing hospice facility licensed under
    
the Hospice Program Licensing Act.
        (11) An assisted living establishment.
        (12) A supportive living facility as described in
    
Section 5-5.01a of the Illinois Public Aid Code.
    "Total assistance" means that staff or another individual performs the entire activity of daily living without participation by the resident.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
 
    (Text of Section after amendment by P.A. 100-513)
    Sec. 10. Definitions. For purposes of this Act:
    "Activities of daily living" means eating, dressing, bathing, toileting, transferring, or personal hygiene.
    "Assisted living establishment" or "establishment" means a home, building, residence, or any other place where sleeping accommodations are provided for at least 3 unrelated adults, at least 80% of whom are 55 years of age or older and where the following are provided consistent with the purposes of this Act:
        (1) services consistent with a social model that is
    
based on the premise that the resident's unit in assisted living and shared housing is his or her own home;
        (2) community-based residential care for persons who
    
need assistance with activities of daily living, including personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident;
        (3) mandatory services, whether provided directly by
    
the establishment or by another entity arranged for by the establishment, with the consent of the resident or resident's representative; and
        (4) a physical environment that is a homelike setting
    
that includes the following and such other elements as established by the Department: individual living units each of which shall accommodate small kitchen appliances and contain private bathing, washing, and toilet facilities, or private washing and toilet facilities with a common bathing room readily accessible to each resident. Units shall be maintained for single occupancy except in cases in which 2 residents choose to share a unit. Sufficient common space shall exist to permit individual and group activities.
    "Assisted living establishment" or "establishment" does not mean any of the following:
        (1) A home, institution, or similar place operated
    
by the federal government or the State of Illinois.
        (2) A long term care facility licensed under the
    
Nursing Home Care Act, a facility licensed under the Specialized Mental Health Rehabilitation Act of 2013, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the MC/DD Act. However, a facility licensed under any of those Acts may convert distinct parts of the facility to assisted living. If the facility elects to do so, the facility shall retain the Certificate of Need for its nursing and sheltered care beds that were converted.
        (3) A hospital, sanitarium, or other institution, the
    
principal activity or business of which is the diagnosis, care, and treatment of human illness and that is required to be licensed under the Hospital Licensing Act.
        (4) A facility for child care as defined in the Child
    
Care Act of 1969.
        (5) A community living facility as defined in the
    
Community Living Facilities Licensing Act.
        (6) A nursing home or sanitarium operated solely by
    
and for persons who rely exclusively upon treatment by spiritual means through prayer in accordance with the creed or tenants of a well-recognized church or religious denomination.
        (7) A facility licensed by the Department of Human
    
Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act.
        (8) A supportive residence licensed under the
    
Supportive Residences Licensing Act.
        (9) The portion of a life care facility as defined in
    
the Life Care Facilities Act not licensed as an assisted living establishment under this Act; a life care facility may apply under this Act to convert sections of the community to assisted living.
        (10) A free-standing hospice facility licensed under
    
the Hospice Program Licensing Act.
        (11) A shared housing establishment.
        (12) A supportive living facility as described in
    
Section 5-5.01a of the Illinois Public Aid Code.
    "Department" means the Department of Public Health.
    "Director" means the Director of Public Health.
    "Emergency situation" means imminent danger of death or serious physical harm to a resident of an establishment.
    "License" means any of the following types of licenses issued to an applicant or licensee by the Department:
        (1) "Probationary license" means a license issued to
    
an applicant or licensee that has not held a license under this Act prior to its application or pursuant to a license transfer in accordance with Section 50 of this Act.
        (2) "Regular license" means a license issued by the
    
Department to an applicant or licensee that is in substantial compliance with this Act and any rules promulgated under this Act.
    "Licensee" means a person, agency, association, corporation, partnership, or organization that has been issued a license to operate an assisted living or shared housing establishment.
    "Licensed health care professional" means a registered professional nurse, an advanced practice registered nurse, a physician assistant, and a licensed practical nurse.
    "Mandatory services" include the following:
        (1) 3 meals per day available to the residents
    
prepared by the establishment or an outside contractor;
        (2) housekeeping services including, but not limited
    
to, vacuuming, dusting, and cleaning the resident's unit;
        (3) personal laundry and linen services available to
    
the residents provided or arranged for by the establishment;
        (4) security provided 24 hours each day including,
    
but not limited to, locked entrances or building or contract security personnel;
        (5) an emergency communication response system, which
    
is a procedure in place 24 hours each day by which a resident can notify building management, an emergency response vendor, or others able to respond to his or her need for assistance; and
        (6) assistance with activities of daily living as
    
required by each resident.
    "Negotiated risk" is the process by which a resident, or his or her representative, may formally negotiate with providers what risks each are willing and unwilling to assume in service provision and the resident's living environment. The provider assures that the resident and the resident's representative, if any, are informed of the risks of these decisions and of the potential consequences of assuming these risks.
    "Owner" means the individual, partnership, corporation, association, or other person who owns an assisted living or shared housing establishment. In the event an assisted living or shared housing establishment is operated by a person who leases or manages the physical plant, which is owned by another person, "owner" means the person who operates the assisted living or shared housing establishment, except that if the person who owns the physical plant is an affiliate of the person who operates the assisted living or shared housing establishment and has significant control over the day to day operations of the assisted living or shared housing establishment, the person who owns the physical plant shall incur jointly and severally with the owner all liabilities imposed on an owner under this Act.
    "Physician" means a person licensed under the Medical Practice Act of 1987 to practice medicine in all of its branches.
    "Resident" means a person residing in an assisted living or shared housing establishment.
    "Resident's representative" means a person, other than the owner, agent, or employee of an establishment or of the health care provider unless related to the resident, designated in writing by a resident to be his or her representative. This designation may be accomplished through the Illinois Power of Attorney Act, pursuant to the guardianship process under the Probate Act of 1975, or pursuant to an executed designation of representative form specified by the Department.
    "Self" means the individual or the individual's designated representative.
    "Shared housing establishment" or "establishment" means a publicly or privately operated free-standing residence for 16 or fewer persons, at least 80% of whom are 55 years of age or older and who are unrelated to the owners and one manager of the residence, where the following are provided:
        (1) services consistent with a social model that is
    
based on the premise that the resident's unit is his or her own home;
        (2) community-based residential care for persons who
    
need assistance with activities of daily living, including housing and personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident; and
        (3) mandatory services, whether provided directly by
    
the establishment or by another entity arranged for by the establishment, with the consent of the resident or the resident's representative.
    "Shared housing establishment" or "establishment" does not mean any of the following:
        (1) A home, institution, or similar place operated by
    
the federal government or the State of Illinois.
        (2) A long term care facility licensed under the
    
Nursing Home Care Act, a facility licensed under the Specialized Mental Health Rehabilitation Act of 2013, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the MC/DD Act. A facility licensed under any of those Acts may, however, convert sections of the facility to assisted living. If the facility elects to do so, the facility shall retain the Certificate of Need for its nursing beds that were converted.
        (3) A hospital, sanitarium, or other institution, the
    
principal activity or business of which is the diagnosis, care, and treatment of human illness and that is required to be licensed under the Hospital Licensing Act.
        (4) A facility for child care as defined in the Child
    
Care Act of 1969.
        (5) A community living facility as defined in the
    
Community Living Facilities Licensing Act.
        (6) A nursing home or sanitarium operated solely by
    
and for persons who rely exclusively upon treatment by spiritual means through prayer in accordance with the creed or tenants of a well-recognized church or religious denomination.
        (7) A facility licensed by the Department of Human
    
Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act.
        (8) A supportive residence licensed under the
    
Supportive Residences Licensing Act.
        (9) A life care facility as defined in the Life Care
    
Facilities Act; a life care facility may apply under this Act to convert sections of the community to assisted living.
        (10) A free-standing hospice facility licensed under
    
the Hospice Program Licensing Act.
        (11) An assisted living establishment.
        (12) A supportive living facility as described in
    
Section 5-5.01a of the Illinois Public Aid Code.
    "Total assistance" means that staff or another individual performs the entire activity of daily living without participation by the resident.
(Source: P.A. 99-180, eff. 7-29-15; 100-513, eff. 1-1-18.)