(210 ILCS 65/10)
(from Ch. 111 1/2, par. 9010)
As used in this Act:
"Applicant" means any not-for-profit corporation making application for
"Department" means the Illinois Department of Public Health.
"Director" means the Director of the Illinois Department of Public Health.
"Facility" means a private home, institution, building, residence, or any
other place that provides a home-like atmosphere as well as a continuum of
care which takes into account the special needs of persons with HIV Disease.
"License" means any of the following types of licenses issued to an
applicant or licensee by the Department.
(a) "Probationary license" means a license issued to
an applicant or licensee which has not held a license contiguous to its application.
(b) "Regular license" means a license issued to an
applicant or licensee that is in substantial compliance with this Act and its rules and regulations.
"Licensee" means an applicant that has been issued a license under this Act.
"Owner" means the not-for-profit corporation that owns a Supportive
Residence. If a Supportive Residence is operated by a person or
entity who leases the physical plant that is owned by another person or
entity, "owner" means the person who operates the Supportive Residence;
except that if the person or entity who owns the physical plant is an
affiliate of the person who operates the Supportive Residence and has
significant control over the day-to-day operations of the Supportive
Residence, the person or entity who owns the physical plant shall incur,
jointly and severally with the owner, all liabilities imposed on an owner
under this Act.
"Plan of correction" means a written plan submitted to the
Department for correction of a violation of this Act or its rules
that are cited by the Department. The plan shall describe the steps that
will be taken in order to bring the Supportive Residence into compliance
and the time frame for completion of each step.
"Qualified surveyor" means any individual or governmental agency
designated by the Department to survey Supportive Residences for compliance
with this Act and its rules and regulations.
"Resident" means a person residing in a Supportive Residence.
"Supportive Residence" means a Supportive Residence for
persons with HIV Disease.
(Source: P.A. 87-840; 87-895.)
(210 ILCS 65/20)
(from Ch. 111 1/2, par. 9020)
(a) The Department shall promulgate rules establishing minimum standards for
licensing and operating Supportive Residences in municipalities with a
population over 500,000. No such municipality shall have more than 12
Supportive Residences. These rules shall regulate the operation and conduct of
Supportive Residences and shall include but not be limited to:
(1) development and maintenance of a case management
system by which an integrated care plan is to be created for each resident;
(2) the training and qualifications of personnel
directly responsible for providing care to residents;
(3) provisions and criteria for admission, discharge,
and transfer of residents;
(4) provisions for residents to receive appropriate
programming and support services commensurate with their individual needs;
(5) agreements between Supportive Residences and
hospitals or other health care providers;
(6) residents' rights and responsibilities and those
of their families and guardians;
(7) fee and other contractual agreements between
Supportive Residences and residents;
(8) medical and supportive services for residents;
(9) the safety, cleanliness, and general adequacy of
the premises, including provision for maintenance of fire and health standards that conform to State laws and municipal codes, to provide for the physical comfort, well-being, care, and protection of the residents;
(10) maintenance of records and residents' rights of
access to those records; and
(11) procedures for reporting abuse or neglect of
(b) The rules shall also regulate the general financial ability,
competence, character, and qualifications of the applicant to
provide appropriate care and comply with this Act.
(c) The Department may promulgate special rules and regulations establishing
minimum standards for Supportive Residences that permit the admission of:
(1) residents who are parents with children, whether
either or both have HIV Disease; or
(2) residents with HIV Disease who are also persons
with developmental or physical disabilities.
(d) Nothing in this Act shall be construed to impair or abridge the power
of municipalities to enforce municipal zoning or land use ordinances.
(Source: P.A. 99-143, eff. 7-27-15.)
(210 ILCS 65/25)
(from Ch. 111 1/2, par. 9025)
Issuance of licenses.
(a) All Supportive Residences shall be
licensed by the Department. The procedures for obtaining a valid license
are set forth in this Section.
(b) Application for a license shall be made on forms provided and in the
manner prescribed by the Department. There shall be no application fee.
(c) Upon receipt of an application filed in proper order, the Department
shall review the application and shall make an on-site evaluation of the
proposed Supportive Residence.
(d) The evaluation shall be conducted by a qualified surveyor
representing the Department.
(e) If the Department has determined on the basis of available
documentation and a preliminary on-site evaluation, if the Department deems
that such an evaluation is necessary, that the Supportive Residence is in
substantial compliance with the Act and its rules and regulations, it
shall issue a probationary license. This license shall be valid for a
period not to exceed 6 months from the date of issuance. Within
30 days before the expiration of the probationary license, a
qualified surveyor representing the Department shall conduct an on-site
final evaluation. If, at the time of the final evaluation, the Supportive
Residence is in substantial compliance with this Act, the Department shall
issue a regular license which replaces the probationary license.
(f) A regular license shall normally be valid for a one year period
from the date of issuance. The Director, however, may issue licenses or
renewals for a period of not less than 6 months nor more than 18 months in
order to distribute the expiration dates of the licenses throughout the
calendar year. A license is not transferable, but may be
issued for more than one facility.
(g) As a condition of the issuance or renewal of a license, the
applicant or licensee shall file a statement of ownership, which shall be
public information and which shall be available from the Department. The
statement of ownership shall include
the name, address, telephone number, occupation or business activity,
business address and business telephone number of the person or entity who
is the owner of the Supportive Residence and every person or entity who
owns the building in which the Supportive Residence is located, if other
than the owner; and, the address of any facility, wherever located, any
financial interest of which is owned by the applicant or licensee, if the
facility were required to be licensed if it were located in this State.
(Source: P.A. 87-840.)
(210 ILCS 65/45)
(from Ch. 111 1/2, par. 9045)
Procedures for filing a complaint.
(a) Any person, agency, association, or governmental body may file a
complaint with the Department alleging that a Supportive Residence is in
violation of this Act or its rules and regulations.
(b) The Department may conduct an investigation in order to determine if
the Supportive Residence is in compliance. If, based on the results of its
investigation, the Department determines that the Supportive Residence is
not in compliance, it shall promptly serve a notice of violation on the
licensee. This notice of violation shall comply with the requirements
described in subsection (c) of Section 30 of this Act. The Department may
notify the complainant of its findings.
(c) The complaint, a copy of the complaint, or a record published, released
or otherwise disclosed to the Supportive Residence shall not disclose the
name of the complainant unless the complainant consents in writing to the
disclosure, the investigation results in a judicial proceeding, or
disclosure is essential to the investigation.
(d) A licensee or its agents shall not transfer, discharge, evict,
harass, dismiss, or retaliate against a resident or an employee or agent
who files a complaint under this Section or who testifies under Section
55 of this Act because of the complaint or testimony.
(e) Any person participating in good faith in the making of a complaint,
or in the investigation of such a complaint, shall not be deemed to have
violated any privileged communication and shall have immunity from any
liability, civil or criminal action or proceeding, or any action or
proceeding that otherwise might result as a consequence of making such a
complaint. The good faith of any persons making a complaint or
participating in the investigation of such a complaint shall be presumed.
(Source: P.A. 87-840.)