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91_HB0427ren
HB0427 Re-Enrolled LRB9101210JSpc
1 AN ACT to create the Assisted Living and Shared Housing
2 Act, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Assisted Living and Shared Housing Act.
7 Section 5. Legislative purpose. The purpose of this Act
8 is to permit the development and availability of assisted
9 living establishments and shared housing establishments based
10 on a social model that promotes the dignity, individuality,
11 privacy, independence, autonomy, and decision-making ability
12 and the right to negotiated risk of those persons; to
13 provide for the health, safety, and welfare of those
14 residents residing in assisted living and shared housing
15 establishments in this State; to promote continuous quality
16 improvement in assisted living; and to encourage the
17 development of innovative and affordable assisted living
18 establishments and shared housing with service
19 establishments for elderly persons of all income levels. It
20 is the public policy of this State that assisted living is
21 an important part of the continuum of long term care. In
22 support of the goal of aging in place within the parameters
23 established by this Act, assisted living and shared housing
24 establishments shall be operated as residential environments
25 with supportive services designed to meet the individual
26 resident's changing needs and preferences. The residential
27 environment shall be designed to encourage family and
28 community involvement. The services available to residents,
29 either directly or through contracts or agreements, are
30 intended to help residents remain as independent as
31 possible. Assisted living, which promotes resident choice,
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1 autonomy, and decision making, should be based on a contract
2 model designed to result in a negotiated agreement between
3 the resident or the resident's representative and the
4 provider, clearly identifying the services to be provided.
5 This model assumes that residents are able to direct services
6 provided for them and will designate a representative to
7 direct these services if they themselves are unable to do so.
8 This model supports the principle that there is an
9 acceptable balance between consumer protection and
10 resident willingness to accept risk and that most consumers
11 are competent to make their own judgments about the services
12 they are obtaining. Regulation of assisted living
13 establishments and shared housing establishments must be
14 sufficiently flexible to allow residents to age in place
15 within the parameters of this Act. The administration of this
16 Act and services provided must therefore ensure that the
17 residents have the rights and responsibilities to direct the
18 scope of services they receive and to make individual choices
19 based on their needs and preferences. These establishments
20 shall be operated in a manner that provides the least
21 restrictive and most homelike environment and that promotes
22 independence, autonomy, individuality, privacy, dignity, and
23 the right to negotiated risk in residential surroundings. It
24 is not the intent of the State that establishments licensed
25 under this Act be used as halfway houses for alcohol and
26 substance abusers.
27 Section 10. Definitions. For purposes of this Act:
28 "Activities of daily living" means eating, dressing,
29 bathing, toileting, transferring, or personal hygiene.
30 "Advisory Board" means the Assisted Living and Shared
31 Housing Advisory Board.
32 "Assisted living establishment" or "establishment" means
33 a home, building, residence, or any other place where
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1 sleeping accommodations are provided for at least 3 unrelated
2 adults, at least 80% of whom are 55 years of age or older and
3 where the following are provided consistent with the
4 purposes of this Act:
5 (1) services consistent with a social model that is
6 based on the premise that the resident's unit in assisted
7 living and shared housing is his or her own home;
8 (2) community-based residential care for persons
9 who need assistance with activities of daily living,
10 including personal, supportive, and intermittent
11 health-related services available 24 hours per day, if
12 needed, to meet the scheduled and unscheduled needs of a
13 resident;
14 (3) mandatory services, whether provided directly
15 by the establishment or by another entity arranged for by
16 the establishment, with the consent of the resident or
17 resident's representative; and
18 (4) a physical environment that is a homelike
19 setting that includes the following and such other
20 elements as established by the Department in conjunction
21 with the Assisted Living and Shared Housing Advisory
22 Board: individual living units each of which shall
23 accommodate small kitchen appliances and contain private
24 bathing, washing, and toilet facilities, or private
25 washing and toilet facilities with a common bathing room
26 readily accessible to each resident. Units shall be
27 maintained for single occupancy except in cases in which
28 2 residents choose to share a unit. Sufficient common
29 space shall exist to permit individual and group
30 activities.
31 "Assisted living establishment" or "establishment" does
32 not mean any of the following:
33 (1) A home, institution, or similar place operated
34 by the federal government or the State of Illinois.
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1 (2) A long term care facility licensed under the
2 Nursing Home Care Act. However, a long term care facility
3 may convert distinct parts of the facility to assisted
4 living. If the long term care facility elects to do so,
5 the facility shall retain the Certificate of Need for its
6 nursing and sheltered care beds that were converted.
7 (3) A hospital, sanitarium, or other institution,
8 the principal activity or business of which is the
9 diagnosis, care, and treatment of human illness and that
10 is required to be licensed under the Hospital Licensing
11 Act.
12 (4) A facility for child care as defined in the
13 Child Care Act of 1969.
14 (5) A community living facility as defined in the
15 Community Living Facilities Licensing Act.
16 (6) A nursing home or sanitarium operated solely by
17 and for persons who rely exclusively upon treatment by
18 spiritual means through prayer in accordance with the
19 creed or tenants of a well-recognized church or religious
20 denomination.
21 (7) A facility licensed by the Department of Human
22 Services as a community-integrated living arrangement as
23 defined in the Community-Integrated Living Arrangements
24 Licensure and Certification Act.
25 (8) A supportive residence licensed under the
26 Supportive Residences Licensing Act.
27 (9) A life care facility as defined in the Life
28 Care Facilities Act; a life care facility may apply under
29 this Act to convert sections of the community to assisted
30 living.
31 (10) A free-standing hospice facility licensed
32 under the Hospice Program Licensing Act.
33 (11) A shared housing establishment.
34 (12) A supportive living facility as described in
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1 Section 5-5.0la of the Illinois Public Aid Code.
2 "Department" means the Department of Public Health.
3 "Director" means the Director of Public Health.
4 "Emergency situation" means imminent danger of death or
5 serious physical harm to a resident of an establishment.
6 "License" means any of the following types of licenses
7 issued to an applicant or licensee by the Department:
8 (1) "Probationary license" means a license issued
9 to an applicant or licensee that has not held a license
10 under this Act prior to its application or pursuant to a
11 license transfer in accordance with Section 50 of this
12 Act.
13 (2) "Regular license" means a license issued by the
14 Department to an applicant or licensee that is in
15 substantial compliance with this Act and any rules
16 promulgated under this Act.
17 "Licensee" means a person, agency, association,
18 corporation, partnership, or organization that has been
19 issued a license to operate an assisted living or shared
20 housing establishment.
21 "Licensed health care professional" means a registered
22 professional nurse, an advanced practice nurse, a physician
23 assistant, and a licensed practical nurse.
24 "Mandatory services" include the following:
25 (1) 3 meals per day available to the residents
26 prepared by the establishment or an outside contractor;
27 (2) housekeeping services including, but not
28 limited to, vacuuming, dusting, and cleaning the
29 resident's unit;
30 (3) personal laundry and linen services available
31 to the residents provided or arranged for by the
32 establishment;
33 (4) security provided 24 hours each day including,
34 but not limited to, locked entrances or building or
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1 contract security personnel;
2 (5) an emergency communication response system,
3 which is a procedure in place 24 hours each day by which
4 a resident can notify building management, an emergency
5 response vendor, or others able to respond to his or her
6 need for assistance; and
7 (6) assistance with activities of daily living as
8 required by each resident.
9 "Negotiated risk" is the process by which a resident, or
10 his or her representative, may formally negotiate with
11 providers what risks each are willing and unwilling to assume
12 in service provision and the resident's living environment.
13 The provider assures that the resident and the resident's
14 representative, if any, are informed of the risks of these
15 decisions and of the potential consequences of assuming these
16 risks.
17 "Owner" means the individual, partnership, corporation,
18 association, or other person who owns an assisted living or
19 shared housing establishment. In the event an assisted
20 living or shared housing establishment is operated by a
21 person who leases or manages the physical plant, which is
22 owned by another person, "owner" means the person who
23 operates the assisted living or shared housing establishment,
24 except that if the person who owns the physical plant is an
25 affiliate of the person who operates the assisted living or
26 shared housing establishment and has significant control over
27 the day to day operations of the assisted living or shared
28 housing establishment, the person who owns the physical plant
29 shall incur jointly and severally with the owner all
30 liabilities imposed on an owner under this Act.
31 "Physician" means a person licensed under the Medical
32 Practice Act of 1987 to practice medicine in all of its
33 branches.
34 "Resident" means a person residing in an assisted living
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1 or shared housing establishment.
2 "Resident's representative" means a person, other than
3 the owner, agent, or employee of an establishment or of the
4 health care provider unless related to the resident,
5 designated in writing by a resident to be his or her
6 representative. This designation may be accomplished through
7 the Illinois Power of Attorney Act, pursuant to the
8 guardianship process under the Probate Act of 1975, or
9 pursuant to an executed designation of representative form
10 specified by the Department.
11 "Self" means the individual or the individual's
12 designated representative.
13 "Shared housing establishment" or "establishment" means a
14 publicly or privately operated free-standing residence for 12
15 or fewer persons, at least 80% of whom are 55 years of age or
16 older and who are unrelated to the owners and one manager of
17 the residence, where the following are provided:
18 (1) services consistent with a social model that is
19 based on the premise that the resident's unit is his or
20 her own home;
21 (2) community-based residential care for persons
22 who need assistance with activities of daily living,
23 including housing and personal, supportive, and
24 intermittent health-related services available 24 hours
25 per day, if needed, to meet the scheduled and unscheduled
26 needs of a resident; and
27 (3) mandatory services, whether provided directly
28 by the establishment or by another entity arranged for by
29 the establishment, with the consent of the resident or
30 the resident's representative.
31 "Shared housing establishment" or "establishment" does
32 not mean any of the following:
33 (1) A home, institution, or similar place operated
34 by the federal government or the State of Illinois.
HB0427 Re-Enrolled -8- LRB9101210JSpc
1 (2) A long term care facility licensed under the
2 Nursing Home Care Act. A long term care facility may,
3 however, convert sections of the facility to assisted
4 living. If the long term care facility elects to do so,
5 the facility shall retain the Certificate of Need for its
6 nursing beds that were converted.
7 (3) A hospital, sanitarium, or other institution,
8 the principal activity or business of which is the
9 diagnosis, care, and treatment of human illness and that
10 is required to be licensed under the Hospital Licensing
11 Act.
12 (4) A facility for child care as defined in the
13 Child Care Act of 1969.
14 (5) A community living facility as defined in the
15 Community Living Facilities Licensing Act.
16 (6) A nursing home or sanitarium operated solely by
17 and for persons who rely exclusively upon treatment by
18 spiritual means through prayer in accordance with the
19 creed or tenants of a well-recognized church or religious
20 denomination.
21 (7) A facility licensed by the Department of Human
22 Services as a community-intergrated living arrangement as
23 defined in the Community-Integrated Living Arrangements
24 Licensure and Certification Act.
25 (8) A supportive residence licensed under the
26 Supportive Residences Licensing Act.
27 (9) A life care facility as defined in the Life
28 Care Facilities Act; a life care facility may apply under
29 this Act to convert sections of the community to assisted
30 living.
31 (10) A free-standing hospice facility licensed
32 under the Hospice Program Licensing Act.
33 (11) An assisted living establishment.
34 (12) A supportive living facility as described in
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1 Section 5-5.01a of the Illinois Public Aid Code.
2 "Total assistance" means that staff or another individual
3 performs the entire activity of daily living without
4 participation by the resident.
5 Section 15. Assessment and service plan requirements.
6 Prior to admission to any establishment covered by this Act,
7 a comprehensive assessment that includes an evaluation of the
8 prospective resident's physical, cognitive, and psychosocial
9 condition shall be completed. At least annually, a
10 comprehensive assessment shall be completed, and upon
11 identification of a significant change in the resident's
12 condition, the resident shall be reassessed. The Department
13 may by rule specify circumstances under which more frequent
14 assessments of skin integrity and nutritional status shall be
15 required. The comprehensive assessment shall be completed by
16 a physician. Based on the assessment, a written service plan
17 shall be developed and mutually agreed upon by the provider
18 and the resident. The service plan, which shall be reviewed
19 annually, or more often as the resident's condition,
20 preferences, or service needs change, shall serve as a basis
21 for the service delivery contract between the provider and
22 the resident. Based on the assessment, the service plan may
23 provide for the disconnection or removal of any appliance.
24 Section 20. Construction and operating standards. The
25 Department, in consultation with the Advisory Board, shall
26 prescribe minimum standards for establishments. These
27 standards shall include:
28 (1) the location and construction of the
29 establishment, including plumbing, heating, lighting,
30 ventilation, and other physical conditions which shall
31 ensure the health, safety, and comfort of residents and
32 their protection from fire hazards; these standards shall
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1 include, at a minimum, compliance with the residential
2 board and care occupancies chapter of the National Fire
3 Protection Association's Life Safety Code, local and
4 State building codes for the building type, and
5 accessibility standards of the Americans with
6 Disabilities Act;
7 (2) the number and qualifications of all personnel
8 having responsibility for any part of the services
9 provided for residents;
10 (3) all sanitary conditions within the
11 establishment and its surroundings, including water
12 supply, sewage disposal, food handling, infection
13 control, and general hygiene, which shall ensure the
14 health and comfort of residents;
15 (4) a program for adequate maintenance of physical
16 plant and equipment;
17 (5) adequate accommodations, staff, and services
18 for the number and types of residents for whom the
19 establishment is licensed;
20 (6) the development of evacuation and other
21 appropriate safety plans for use during weather, health,
22 fire, physical plant, environmental, and national defense
23 emergencies; and
24 (7) the maintenance of minimum financial and other
25 resources necessary to meet the standards established
26 under this Section and to operate the establishment in
27 accordance with this Act.
28 Section 25. License requirement. No person may
29 establish, operate, maintain, or offer an establishment as an
30 assisted living establishment or shared housing establishment
31 as defined by the Act within this State unless and until he
32 or she obtains a valid license, which remains unsuspended,
33 unrevoked, and unexpired. No public official or employee may
HB0427 Re-Enrolled -11- LRB9101210JSpc
1 place any person in, or recommend that any person be placed
2 in, or directly or indirectly cause any person to be placed
3 in any establishment that is being operated without a valid
4 license. An entity that operates as an assisted living or
5 shared housing establishment as defined by this Act without a
6 license shall be subject to the provisions, including
7 penalties, of the Nursing Home Care Act. No entity shall use
8 in its name or advertise "assisted living" unless licensed as
9 an assisted living establishment under this Act or as a
10 shelter care facility under the Nursing Home Care Act that
11 also meets the definition of an assisted living establishment
12 under this Act, except a shared housing establishment
13 licensed under this Act may advertise assisted living
14 services.
15 Section 30. Licensing.
16 (a) The Department, in consultation with the Advisory
17 Board, shall establish by rule forms, procedures, and fees
18 for the annual licensing of assisted living and shared
19 housing establishments; shall establish and enforce sanctions
20 and penalties for operating in violation of this Act, as
21 provided in Section 135 of this Act and rules adopted under
22 Section 110 of this Act. The Department shall conduct an
23 annual on-site review for each establishment covered by this
24 Act, which shall include, but not be limited to, compliance
25 with this Act and rules adopted hereunder, focus on solving
26 resident issues and concerns, and the quality improvement
27 process implemented by the establishment to address resident
28 issues. The quality improvement process implemented by the
29 establishment must benchmark performance, be customer
30 centered, be data driven, and focus on resident satisfaction.
31 (b) An establishment shall provide the following
32 information to the Department to be considered for licensure:
33 (1) the business name, street address, mailing
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1 address, and telephone number of the establishment;
2 (2) the name and mailing address of the owner or
3 owners of the establishment and if the owner or owners
4 are not natural persons, identification of the type of
5 business entity of the owners, and the names and
6 addresses of the officers and members of the governing
7 body, or comparable persons for partnerships, limited
8 liability companies, or other types of business
9 organizations;
10 (3) financial information, content and form to be
11 determined by rules which may provide different standards
12 for assisted living establishments and shared housing
13 establishments, establishing that the project is
14 financially feasible;
15 (4) the name and mailing address of the managing
16 agent of the establishment, whether hired under a
17 management agreement or lease agreement, if different
18 from the owner or owners, and the name of the full-time
19 director;
20 (5) verification that the establishment has
21 entered or will enter into a service delivery contract as
22 provided in Section 90, as required under this Act, with
23 each resident or resident's representative;
24 (6) the name and address of at least one natural
25 person who shall be responsible for dealing with the
26 Department on all matters provided for in this Act, on
27 whom personal service of all notices and orders shall be
28 made, and who shall be authorized to accept service on
29 behalf of the owner or owners and the managing agent.
30 Notwithstanding a contrary provision of the Code of Civil
31 Procedure, personal service on the person identified
32 pursuant to this subsection shall be considered service
33 on the owner or owners and the managing agent, and it
34 shall not be a defense to any action that personal
HB0427 Re-Enrolled -13- LRB9101210JSpc
1 service was not made on each individual or entity;
2 (7) the signature of the authorized representative
3 of the owner or owners;
4 (8) proof of an ongoing quality improvement program
5 in accordance with rules adopted by the Department in
6 collaboration with the Advisory Board;
7 (9) information about the number and types of
8 units, the maximum census, and the services to be
9 provided at the establishment, proof of compliance with
10 applicable State and local residential standards, and a
11 copy of the standard contract offered to residents;
12 (10) documentation of adequate liability insurance;
13 and
14 (11) other information necessary to determine the
15 identity and qualifications of an applicant or licensee
16 to operate an establishment in accordance with this Act
17 as required by the Department by rule.
18 (c) The information in the statement of ownership shall
19 be public information and shall be available from the
20 Department.
21 Section 35. Issuance of license.
22 (a) Upon receipt and review of an application for a
23 license and review of the applicant establishment, the
24 Director may issue a license if he or she finds:
25 (1) that the individual applicant, or the
26 corporation, partnership, or other entity if the
27 applicant is not an individual, is a person responsible
28 and suitable to operate or to direct or participate in
29 the operation of an establishment by virtue of financial
30 capacity, appropriate business or professional
31 experience, a record of lawful compliance with lawful
32 orders of the Department and lack of revocation of a
33 license issued under this Act or the Nursing Home Care
HB0427 Re-Enrolled -14- LRB9101210JSpc
1 Act during the previous 5 years;
2 (2) that the establishment is under the supervision
3 of a full-time director who is at least 21 years of age
4 with ability, training, and education appropriate to meet
5 the needs of the residents and to manage the operations
6 of the establishment and who participates in ongoing
7 training for these purposes;
8 (3) that the establishment has staff sufficient in
9 number with qualifications, adequate skills, education,
10 and experience to meet the 24 hour scheduled and
11 unscheduled needs of residents and who participate in
12 ongoing training to serve the resident population;
13 (4) that direct care staff meet the requirements of
14 the Health Care Worker Background Check Act;
15 (5) that the applicant is in substantial compliance
16 with this Act and such other requirements for a license
17 as the Department by rule may establish under this Act;
18 (6) that the applicant pays all required fees;
19 (7) that the applicant has provided to the
20 Department an accurate disclosure document in accordance
21 with the Alzheimer's Special Care Disclosure Act.
22 Any license issued by the Director shall state the
23 physical location of the establishment, the date the license
24 was issued, and the expiration date. All licenses shall be
25 valid for one year, except as provided in Section 40. Each
26 license shall be issued only for the premises and persons
27 named in the application, and shall not be transferable or
28 assignable.
29 Section 40. Probationary licenses. If the applicant
30 has not been previously licensed under this Act or if the
31 establishment is not in operation at the time the application
32 is made, the Department may issue a probationary license. A
33 probationary license shall be valid for 120 days unless
HB0427 Re-Enrolled -15- LRB9101210JSpc
1 sooner suspended or revoked. Within 30 days prior to the
2 termination of a probationary license, the Department shall
3 fully and completely review the establishment and, if the
4 establishment meets the applicable requirements for
5 licensure, shall issue a license. If the Department finds
6 that the establishment does not meet the requirements for
7 licensure, but has made substantial progress toward meeting
8 those requirements, the license may be renewed once for a
9 period not to exceed 120 days from the expiration date of the
10 initial probationary license.
11 Section 45. Renewal of licenses. At least 120 days,
12 but not more than 150 days prior to license expiration, the
13 licensee shall submit an application for renewal of the
14 license in such form and containing such information as the
15 Department requires. If the application is approved, the
16 license shall be renewed for an additional one-year period.
17 If appropriate, the renewal application shall not be approved
18 unless the applicant has provided to the Department an
19 accurate disclosure document in accordance with the
20 Alzheimer's Special Care Disclosure Act. If the application
21 for renewal is not timely filed, the Department shall so
22 inform the licensee.
23 Section 50. Transfer of ownership.
24 (a) Whenever ownership of an establishment is
25 transferred from the person named in the license to any other
26 person, the transferee must obtain a new probationary
27 license. The transferee shall notify the Department of the
28 transfer and apply for a new license at least 30 days prior
29 to final transfer.
30 (b) The transferor shall notify the Department at least
31 30 days prior to final transfer. The transferor shall remain
32 responsible for the operation of the establishment until such
HB0427 Re-Enrolled -16- LRB9101210JSpc
1 time as a license is issued to the transferee.
2 Section 55. Grounds for denial of a license. An
3 application for a license may be denied for any of the
4 following reasons:
5 (1) failure to meet any of the standards set forth
6 in this Act or by rules adopted by the Department under
7 this Act;
8 (2) conviction of the applicant, or if the
9 applicant is a firm, partnership, or association, of any
10 of its members, or if a corporation, the conviction of
11 the corporation or any of its officers or stockholders,
12 or of the person designated to manage or supervise the
13 establishment, of a felony or of 2 or more misdemeanors
14 involving moral turpitude during the previous 5 years as
15 shown by a certified copy of the record of the court of
16 conviction;
17 (3) personnel insufficient in number or unqualified
18 by training or experience to properly care for the
19 residents;
20 (4) insufficient financial or other resources to
21 operate and conduct the establishment in accordance with
22 standards adopted by the Department under this Act;
23 (5) revocation of a license during the previous 5
24 years, if such prior license was issued to the individual
25 applicant, a controlling owner or controlling combination
26 of owners of the applicant; or any affiliate of the
27 individual applicant or controlling owner of the
28 applicant and such individual applicant, controlling
29 owner of the applicant or affiliate of the applicant was
30 a controlling owner of the prior license; provided,
31 however, that the denial of an application for a license
32 pursuant to this Section must be supported by evidence
33 that the prior revocation renders the applicant
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1 unqualified or incapable of meeting or maintaining an
2 establishment in accordance with the standards and rules
3 adopted by the Department under this Act; or
4 (6) the establishment is not under the direct
5 supervision of a full-time director, as defined by rule.
6 Section 60. Notice of denial; request for hearing;
7 hearing.
8 (a) Immediately upon the denial of any application or
9 reapplication for a license under this Act, the Department
10 shall notify the applicant in writing. Notice of denial
11 shall include a clear and concise statement of the violations
12 of this Act on which the denial is based and notice of the
13 opportunity for a hearing. If the applicant or licensee
14 wishes to contest the denial of a license, it shall provide
15 written notice to the Department of a request for a hearing
16 within 10 days after receipt of the notice of denial. The
17 Department shall commence a hearing under this Section.
18 (b) A request for a hearing by aggrieved persons shall
19 be taken to the Department as follows:
20 (1) Upon the receipt of a request in writing for a
21 hearing, the Director or a person designated in writing
22 by the Director to act as a hearing officer shall conduct
23 a hearing to review the decision.
24 (2) Before the hearing is held notice of the
25 hearing shall be sent by the Department to the person
26 making the request for the hearing and to the person
27 making the decision which is being reviewed. In the
28 notice the Department shall specify the date, time, and
29 place of the hearing, which shall be held not less than
30 10 days after the notice is mailed or delivered. The
31 notice shall designate the decision being reviewed. The
32 notice may be served by delivering it personally to the
33 parties or their representatives or by mailing it by
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1 certified mail to the parties' addresses.
2 (3) The Department shall commence the hearing
3 within 30 days after the receipt of request for hearing.
4 The hearing shall proceed as expeditiously as
5 practicable, but in all cases shall conclude within 90
6 days after commencement.
7 (c) The Director or hearing officer shall permit any
8 party to appear in person and to be represented by counsel at
9 the hearing, at which time the applicant or licensee shall be
10 afforded an opportunity to present all relevant matter in
11 support of his or her position. In the event of the
12 inability of any party or the Department to procure the
13 attendance of witnesses to give testimony or produce books
14 and papers, any party or the Department may take the
15 deposition of witnesses in accordance with the provisions of
16 the laws of this State. All testimony shall be reduced to
17 writing, and all testimony and other evidence introduced at
18 the hearing shall be a part of the record of the hearing.
19 (d) The Director or hearing officer shall make findings
20 of fact in the hearing, and the Director shall render his or
21 her decision within 30 days after the termination of the
22 hearing, unless additional time not to exceed 90 days is
23 required by him or her for a proper disposition of the
24 matter. When the hearing has been conducted by a hearing
25 officer, the Director shall review the record and findings of
26 fact before rendering a decision. All decisions rendered by
27 the Director shall be binding upon and complied with by the
28 Department, the establishment, or the persons involved in the
29 hearing, as appropriate to each case.
30 Section 65. Revocation, suspension, or refusal to renew
31 license.
32 (a) The Department, after notice to the applicant or
33 licensee, may suspend, revoke, or refuse to renew a license
HB0427 Re-Enrolled -19- LRB9101210JSpc
1 in any case in which the Department finds any of the
2 following:
3 (1) that there has been a substantial failure to
4 comply with this Act or the rules promulgated by the
5 Department under this Act;
6 (2) that there has been a conviction of the
7 licensee, or of the person designated to manage or
8 supervise the establishment, of a felony or of 2 or more
9 misdemeanors involving moral turpitude during the
10 previous 5 years as shown by a certified copy of the
11 record of the court of conviction;
12 (3) that the personnel is insufficient in number or
13 unqualified by training or experience to properly care
14 for the number and type of residents served by the
15 establishment;
16 (4) that the financial or other resources are
17 insufficient to conduct and operate the establishment in
18 accordance with standards promulgated by the Department
19 under this Act; or
20 (5) that the establishment is not under the direct
21 supervision of a full-time director, as defined by rule.
22 (b) Notice under this Section shall include a clear and
23 concise statement of the violations on which the nonrenewal
24 or revocation is based, the statute or rule violated, and
25 notice of the opportunity for a hearing under Section 60.
26 (c) If an establishment desires to contest the
27 nonrenewal or revocation of a license, the establishment
28 shall, within 10 days after receipt of notice under
29 subsection (b) of this Section, notify the Department in
30 writing of its request for a hearing under Section 60. Upon
31 receipt of the request the Department shall send notice to
32 the establishment and hold a hearing as provided under
33 Section 60.
34 (d) The effective date of nonrenewal or revocation of a
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1 license by the Department shall be any of the following:
2 (1) until otherwise ordered by the circuit court,
3 revocation is effective on the date set by the Department
4 in the notice of revocation, or upon final action after
5 hearing under Section 60, whichever is later;
6 (2) until otherwise ordered by the circuit court,
7 nonrenewal is effective on the date of expiration of any
8 existing license, or upon final action after hearing
9 under Section 60, whichever is later; however, a license
10 shall not be deemed to have expired if the Department
11 fails to timely respond to a timely request for renewal
12 under this Act or for a hearing to contest nonrenewal; or
13 (3) the Department may extend the effective date of
14 license revocation or expiration in any case in order to
15 permit orderly removal and relocation of residents.
16 (e) The Department may refuse to issue or may suspend
17 the license of any person who fails to file a return, or to
18 pay the tax, penalty or interest shown in a filed return, or
19 to pay any final assessment of tax, penalty or interest, as
20 required by any tax Act administered by the Illinois
21 Department of Revenue, until such time as the requirements of
22 any such tax Act are satisfied.
23 Section 70. Service requirements. An establishment must
24 provide all mandatory services and may provide optional
25 services, including medication reminders, supervision of
26 self-administered medication and medication administration as
27 defined by this Section and nonmedical services defined by
28 rule, whether provided directly by the establishment or by
29 another entity arranged for by the establishment with the
30 consent of the resident or the resident's representative.
31 For the purposes of this Section, "medication reminders"
32 means reminding residents to take pre-dispensed,
33 self-administered medication, observing the resident, and
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1 documenting whether or not the resident took the medication.
2 For the purposes of this Section, "supervision of
3 self-administered medication" means assisting the resident
4 with self-administered medication using any combination of
5 the following: reminding residents to take medication,
6 reading the medication label to residents, checking the
7 self-administered medication dosage against the label of the
8 medication, confirming that residents have obtained and are
9 taking the dosage as prescribed, and documenting in writing
10 that the resident has taken (or refused to take) the
11 medication. If residents are physically unable to open the
12 container, the container may be opened for them. Supervision
13 of self-administered medication shall be under the direction
14 of a licensed health care professional.
15 For the purposes of this Section, "medication
16 administration" refers to a licensed health care professional
17 employed by an establishment engaging in administering
18 routine insulin and vitamin B-12 injections, oral
19 medications, topical treatments, eye and ear drops, or
20 nitroglycerin patches. Non-licensed staff may not administer
21 any medication.
22 The Department shall specify by rule procedures for
23 medication reminders, supervision of self-administered
24 medication, and medication administration.
25 Nothing in this Act shall preclude a physician licensed
26 to practice medicine in all its branches from providing
27 services to any resident.
28 Section 75. Residency Requirements.
29 (a) No individual shall be accepted for residency or
30 remain in residence if the establishment cannot provide or
31 secure appropriate services, if the individual requires a
32 level of service or type of service for which the
33 establishment is not licensed or which the establishment does
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1 not provide, or if the establishment does not have the staff
2 appropriate in numbers and with appropriate skill to provide
3 such services.
4 (b) Only adults may be accepted for residency.
5 (c) A person shall not be accepted for residency if:
6 (1) the person poses a serious threat to himself or
7 herself or to others;
8 (2) the person is not able to communicate his or
9 her needs and no resident representative residing in the
10 establishment, and with a prior relationship to the
11 person, has been appointed to direct the provision of
12 services;
13 (3) the person requires total assistance with 2 or
14 more activities of daily living;
15 (4) the person requires the assistance of more than
16 one paid caregiver at any given time with an activity of
17 daily living;
18 (5) the person requires more than minimal
19 assistance in moving to a safe area in an emergency;
20 (6) the person has a severe mental illness, which
21 for the purposes of this Section means a condition that
22 is characterized by the presence of a major mental
23 disorder as classified in the Diagnostic and Statistical
24 Manual of Mental Disorders, Fourth Edition (DSM-IV)
25 (American Psychiatric Association, 1994), where the
26 individual is substantially disabled due to mental
27 illness in the areas of self-maintenance, social
28 functioning, activities of community living and work
29 skills, and the disability specified is expected to be
30 present for a period of not less than one year, but does
31 not mean Alzheimer's disease and other forms of dementia
32 based on organic or physical disorders;
33 (7) the person requires intravenous therapy or
34 intravenous feedings unless self-administered or
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1 administered by a qualified, licensed health care
2 professional;
3 (8) the person requires gastrostomy feedings unless
4 self-administered or administered by a licensed health
5 care professional;
6 (9) the person requires insertion, sterile
7 irrigation, and replacement of catheter, except for
8 routine maintenance of urinary catheters, unless the
9 catheter care is self-administered or administered by a
10 licensed health care professional;
11 (10) the person requires sterile wound care unless
12 care is self-administered or administered by a licensed
13 health care professional;
14 (11) the person requires sliding scale insulin
15 administration unless self-performed or administered by a
16 licensed health care professional;
17 (12) the person is a diabetic requiring routine
18 insulin injections unless the injections are
19 self-administered or administered by a licensed health
20 care professional;
21 (13) the person requires treatment of stage 3 or
22 stage 4 decubitus ulcers or exfoliative dermatitis;
23 (14) the person requires 5 or more skilled nursing
24 visits per week for conditions other than those listed in
25 items (13) and (15) of this subsection for a period of 3
26 consecutive weeks or more except when the course of
27 treatment is expected to extend beyond a 3 week period
28 for rehabilitative purposes and is certified as temporary
29 by a physician; or
30 (15) other reasons prescribed by the Department by
31 rule.
32 (d) A resident with a condition listed in items (1)
33 through (15) of subsection (c) shall have his or her
34 residency terminated.
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1 (e) Residency shall be terminated when services
2 available to the resident in the establishment are no longer
3 adequate to meet the needs of the resident. This provision
4 shall not be interpreted as limiting the authority of the
5 Department to require the residency termination of
6 individuals.
7 (f) Subsection (d) of this Section shall not apply to
8 terminally ill residents who receive or would qualify for
9 hospice care coordinated by a hospice licensed under the
10 Hospice Program Licensing Act or other licensed health care
11 professional employed by a licensed home health agency and
12 the establishment and all parties agree to the continued
13 residency.
14 (g) Items (3), (4), (5), and (9) of subsection (c) shall
15 not apply to a quadriplegic, paraplegic, or individual with
16 neuro-muscular diseases, such as muscular dystrophy and
17 multiple sclerosis, or other chronic diseases and conditions
18 as defined by rule if the individual is able to communicate
19 his or her needs and does not require assistance with complex
20 medical problems, and the establishment is able to
21 accommodate the individual's needs. The Department shall
22 prescribe rules pursuant to this Section that address special
23 safety and service needs of these individuals.
24 (h) For the purposes of items (7) through (11) of
25 subsection (c), a licensed health care professional may not
26 be employed by the owner or operator of the establishment,
27 its parent entity, or any other entity with ownership common
28 to either the owner or operator of the establishment or
29 parent entity, including but not limited to an affiliate of
30 the owner or operator of the establishment. Nothing in this
31 Section is meant to limit a resident's right to choose his or
32 her health care provider.
33 Section 80. Involuntary termination of residency.
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1 (a) Residency shall be involuntarily terminated only for
2 the following reasons:
3 (1) as provided in Section 75 of this Act;
4 (2) nonpayment of contracted charges after the
5 resident and the resident's representative have received
6 a minimum of 30-days written notice of the delinquency
7 and the resident or the resident's representative has had
8 at least 15 days to cure the delinquency; or
9 (3) failure to execute a service delivery contract
10 or to substantially comply with its terms and conditions,
11 failure to comply with the assessment requirements
12 contained in Section 15, or failure to substantially
13 comply with the terms and conditions of the lease
14 agreement.
15 (b) A 30 day written notice of residency termination
16 shall be provided to the resident, the resident's
17 representative, or both, and the long term care ombudsman,
18 which shall include the reason for the pending action, the
19 date of the proposed move, and a notice, the content and form
20 to be set forth by rule, of the resident's right to appeal,
21 the steps that the resident or the resident's representative
22 must take to initiate an appeal, and a statement of the
23 resident's right to continue to reside in the establishment
24 until a decision is rendered. The notice shall include a
25 toll free telephone number to initiate an appeal and a
26 written hearing request form, together with a postage paid,
27 pre-addressed envelope to the Department. If the resident or
28 the resident's representative, if any, cannot read English,
29 the notice must be provided in a language the individual
30 receiving the notice can read or the establishment must
31 provide a translator who has been trained to assist the
32 resident or the resident's representative in the appeal
33 process. In emergency situations as defined in Section 10 of
34 this Act, the 30-day provision of the written notice may be
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1 waived.
2 (c) The establishment shall attempt to resolve with the
3 resident or the resident's representative, if any,
4 circumstances that if not remedied have the potential of
5 resulting in an involuntary termination of residency and
6 shall document those efforts in the resident's file. This
7 action may occur prior to or during the 30 day notice period,
8 but must occur prior to the termination of the residency. In
9 emergency situations as defined in Section 10 of this Act,
10 the requirements of this subsection may be waived.
11 (d) A request for a hearing shall stay an involuntary
12 termination of residency until a decision has been rendered
13 by the Department, according to a process adopted by rule.
14 During this time period, the establishment may not terminate
15 or reduce any service for the purpose of making it more
16 difficult or impossible for the resident to remain in the
17 establishment.
18 (e) The establishment shall offer the resident and the
19 resident's representative, if any, residency termination and
20 relocation assistance including information on available
21 alternative placement. Residents shall be involved in
22 planning the move and shall choose among the available
23 alternative placements except when an emergency situation
24 makes prior resident involvement impossible. Emergency
25 placements are deemed temporary until the resident's input
26 can be sought in the final placement decision. No resident
27 shall be forced to remain in a temporary or permanent
28 placement.
29 (f) The Department may offer assistance to the
30 establishment and the resident in the preparation of
31 residency termination and relocation plans to assure safe and
32 orderly transition and to protect the resident's health,
33 safety, welfare, and rights. In nonemergencies, and where
34 possible in emergencies, the transition plan shall be
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1 designed and implemented in advance of transfer or residency
2 termination.
3 Section 85. Contract requirements. No entity may
4 establish, operate, conduct, or maintain an establishment in
5 this State unless a written service delivery contract is
6 executed between the establishment and each resident or
7 resident's representative in accordance with Section 90 and
8 unless the establishment operates in accordance with the
9 terms of the contract. The resident or the resident's
10 representative shall be given a complete copy of the contract
11 and all supporting documents and attachments and any changes
12 whenever changes are made. If the resident does not
13 understand English and if translated documents are not
14 available, the establishment must explain its policies to a
15 responsible relative or friend or another individual who has
16 agreed to communicate the information to the resident.
17 Section 90. Contents of service delivery contract. A
18 contract between an establishment and a resident must be
19 entitled "assisted living establishment contract" or "shared
20 housing establishment contract" as applicable, shall be
21 printed in no less than 12 point type, and shall include at
22 least the following elements in the body or through
23 supporting documents or attachments:
24 (1) the name, street address, and mailing address
25 of the establishment;
26 (2) the name and mailing address of the owner or
27 owners of the establishment and, if the owner or owners
28 are not natural persons, the type of business entity of
29 the owner or owners;
30 (3) the name and mailing address of the managing
31 agent of the establishment, whether hired under a
32 management agreement or lease agreement, if the managing
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1 agent is different from the owner or owners;
2 (4) the name and address of at least one natural
3 person who is authorized to accept service on behalf of
4 the owners and managing agent;
5 (5) a statement describing the license status of
6 the establishment and the license status of all providers
7 of health-related or supportive services to a resident
8 under arrangement with the establishment;
9 (6) the duration of the contract;
10 (7) the base rate to be paid by the resident and a
11 description of the services to be provided as part of
12 this rate;
13 (8) a description of any additional services to be
14 provided for an additional fee by the establishment
15 directly or by a third party provider under arrangement
16 with the establishment;
17 (9) the fee schedules outlining the cost of any
18 additional services;
19 (10) a description of the process through which the
20 contract may be modified, amended, or terminated;
21 (11) a description of the establishment's complaint
22 resolution process available to residents and notice of
23 the availability of the Department on Aging's Senior
24 Helpline for complaints;
25 (12) the name of the resident's designated
26 representative, if any;
27 (13) the resident's obligations in order to
28 maintain residency and receive services including
29 compliance with all assessments required under Section
30 15;
31 (14) the billing and payment procedures and
32 requirements;
33 (15) a statement affirming the resident's freedom
34 to receive services from service providers with whom the
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1 establishment does not have a contractual arrangement,
2 which may also disclaim liability on the part of the
3 establishment for those services;
4 (16) a statement that medical assistance under
5 Article V or Article VI of the Illinois Public Aid Code
6 is not available for payment for services provided in an
7 establishment;
8 (17) a statement detailing the admission, risk
9 management, and residency termination criteria and
10 procedures;
11 (18) a statement listing the rights specified in
12 Section 95 and acknowledging that, by contracting with
13 the assisted living or shared housing establishment, the
14 resident does not forfeit those rights; and
15 (19) a statement detailing the Department's annual
16 on-site review process including what documents contained
17 in a resident's personal file shall be reviewed by the
18 on-site reviewer as defined by rule.
19 Section 95. Resident rights. No resident shall be
20 deprived of any rights, benefits, or privileges guaranteed by
21 law, the Constitution of the State of Illinois, or the
22 Constitution of the United States solely on account of his or
23 her status as a resident of an establishment, nor shall a
24 resident forfeit any of the following rights:
25 (1) the right to retain and use personal property
26 and a place to store personal items that is locked and
27 secure;
28 (2) the right to refuse services and to be advised
29 of the consequences of that refusal;
30 (3) the right to respect for bodily privacy and
31 dignity at all times, especially during care and
32 treatment;
33 (4) the right to the free exercise of religion;
HB0427 Re-Enrolled -30- LRB9101210JSpc
1 (5) the right to privacy with regard to mail, phone
2 calls, and visitors;
3 (6) the right to uncensored access to the State
4 Ombudsman or his or her designee;
5 (7) the right to be free of retaliation for
6 criticizing the establishment or making complaints to
7 appropriate agencies;
8 (8) the right to be free of chemical and physical
9 restraints;
10 (9) the right to be free of abuse or neglect or to
11 refuse to perform labor;
12 (10) the right to confidentiality of the resident's
13 medical records;
14 (11) the right of access and the right to copy the
15 resident's personal files maintained by the
16 establishment;
17 (12) the right to 24 hours access to the
18 establishment;
19 (13) the right to a minimum of 90-days notice of a
20 planned establishment closure;
21 (14) the right to a minimum of 30-days notice of an
22 involuntary residency termination, except where the
23 resident poses a threat to himself or others, or in other
24 emergency situations, and the right to appeal such
25 termination; and
26 (15) the right to a 30-day notice of delinquency
27 and at least 15 days right to cure delinquency.
28 Section 100. Notice of closure. An owner of an
29 establishment licensed under this Act shall give 90 days
30 notice prior to voluntarily closing the establishment or
31 prior to closing any part of the establishment if closing the
32 part will require residency termination. The notice shall be
33 given to the Department, to any resident who must have their
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1 residency terminated, the resident's representative, and to a
2 member of the resident's family, where practicable. The
3 notice shall state the proposed date of closing and the
4 reason for closing. The establishment shall offer to assist
5 the resident in securing an alternative placement and shall
6 advise the resident on available alternatives. Where the
7 resident is unable to choose an alternative placement and is
8 not under guardianship, the Department shall be notified of
9 the need for relocation assistance. The establishment shall
10 comply with all applicable laws and rules until the date of
11 closing, including those related to residency termination.
12 Section 105. Record retention. Service delivery
13 contracts and related documents executed by each resident or
14 resident's representative shall be maintained by an
15 establishment subject to this Act from the date of execution
16 until 3 years after the contract is terminated. The
17 establishment shall also maintain and retain records to
18 support compliance with each individual contract and with
19 applicable federal and State rules. The records and
20 supporting documents, as defined by rule, shall be made
21 available for on-site inspection by the Department upon
22 request at any time.
23 Section 110. Powers and duties of the Department.
24 (a) The Department shall conduct an annual unannounced
25 on-site visit at each assisted living and shared housing
26 establishment to determine compliance with applicable
27 licensure requirements and standards. Additional visits may
28 be conducted without prior notice to the assisted living or
29 shared housing establishment.
30 (b) Upon receipt of information that may indicate the
31 failure of the assisted living or shared housing
32 establishment or a service provider to comply with a
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1 provision of this Act, the Department shall investigate the
2 matter or make appropriate referrals to other government
3 agencies and entities having jurisdiction over the subject
4 matter of the possible violation. The Department may also
5 make referrals to any public or private agency that the
6 Department considers available for appropriate assistance to
7 those involved. The Department may oversee and coordinate the
8 enforcement of State consumer protection policies affecting
9 residents residing in an establishment licensed under this
10 Act.
11 (c) The Department shall establish by rule complaint
12 receipt, investigation, resolution, and involuntary
13 residency termination procedures. Resolution procedures
14 shall provide for on-site review and evaluation of an
15 assisted living or shared housing establishment found to be
16 in violation of this Act within a specified period of time
17 based on the gravity and severity of the violation and any
18 pervasive pattern of occurrences of the same or similar
19 violations.
20 (d) The Governor shall establish an Assisted Living and
21 Shared Housing Advisory Board.
22 (e) The Department shall by rule establish penalties and
23 sanctions, which shall include, but need not be limited to,
24 the creation of a schedule of graduated penalties and
25 sanctions to include closure.
26 (f) The Department shall by rule establish procedures
27 for disclosure of information to the public, which shall
28 include, but not be limited to, ownership, licensure status,
29 frequency of complaints, disposition of substantiated
30 complaints, and disciplinary actions.
31 (g) The Department shall cooperate with, seek the advice
32 of, and collaborate with the Assisted Living and Shared
33 Housing Quality of Life Advisory Committee in the Department
34 on Aging on matters related to the responsibilities of the
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1 Committee. Consistent with subsection (d) of Section 125,
2 the Department shall provide to the Department on Aging for
3 distribution to the committee copies of all administrative
4 rules and changes to administrative rules for review and
5 comment prior to notice being given to the public. If the
6 Committee, having been asked for its review, fails to respond
7 within 90 days, the rules shall be considered acted upon.
8 (h) Beginning January 1, 2000, the Department shall
9 begin drafting rules necessary for the administration of this
10 Act.
11 Section 115. Reports and access to information. The
12 Department may require periodic reports and shall have access
13 to and may reproduce or photocopy at its cost any books,
14 records or other documents maintained by the establishment to
15 the extent necessary to carry out this Act and shall not
16 divulge or disclose the contents of a resident's record
17 obtained under this Section in violation of this Act.
18 Section 120. Consent to review. A licensee or applicant
19 for a license shall be deemed to have given consent to any
20 authorized officer, employee, or agent of the Department to
21 enter and review the establishment in accordance with this
22 Act, except that entrance to individual rooms shall only be
23 given with the consent of the resident or the resident's
24 representative. Refusal to permit entry or review shall
25 constitute grounds for denial, nonrenewal, or revocation of a
26 license.
27 Section 125. Assisted Living and Shared Housing Advisory
28 Board.
29 (a) The Governor shall appoint the Assisted Living and
30 Shared Housing Advisory Board which shall be responsible for
31 advising the Director in all aspects of the administration of
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1 the Act.
2 (b) The Board shall be comprised of the following
3 persons:
4 (1) the Director who shall serve as chair, ex
5 officio and nonvoting;
6 (2) the Director of Aging who shall serve as
7 vice-chair, ex officio and nonvoting;
8 (3) one representative each of the Departments of
9 Public Health, Public Aid, and Human Services, the
10 Department on Aging, the Office of the State Fire
11 Marshal, and the Illinois Housing Development Authority,
12 all nonvoting members;
13 (4) the State Ombudsman or his or her designee;
14 (5) one representative of the Association of Area
15 Agencies on Aging;
16 (6) four members selected from the recommendations
17 by provider organizations whose membership consist of
18 nursing care or assisted living establishments;
19 (7) one member selected from the recommendations of
20 provider organizations whose membership consists of home
21 health agencies;
22 (8) two residents of assisted living or shared
23 housing establishments;
24 (9) three members selected from the
25 recommendations of consumer organizations which engage
26 solely in advocacy or legal representation on behalf of
27 the senior population;
28 (10) one member who shall be a physician;
29 (11) one member who shall be a registered
30 professional nurse selected from the recommendations of
31 professional nursing associations; and
32 (12) two citizen members with expertise in the area
33 of gerontology research or legal research regarding
34 implementation of assisted living statutes.
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1 (c) Members of the Board created by this Act shall be
2 appointed to serve for terms of 3 years. All members shall be
3 appointed by January 1, 2001. One third of the Board
4 members' initial terms shall expire in one year; one third in
5 2 years, and one third in 3 years. A member's term does not
6 expire until a successor is appointed by the Governor. Any
7 member appointed to fill a vacancy occurring prior to the
8 expiration of the term for which his or her predecessor was
9 appointed shall be appointed for the remainder of that term.
10 The Board shall meet at the call of the Director. The
11 affirmative vote of 9 members of the Board shall be
12 necessary for Board action. Members of this Board shall
13 receive no compensation for their services, however,
14 resident members shall be reimbursed for their actual
15 expenses.
16 (d) The Board shall be provided copies of all
17 administrative rules and changes to administrative rules for
18 review and comment prior to notice being given to the public.
19 If the Board, having been asked for its review, fails to
20 advise the Department within 90 days, the rules shall be
21 considered acted upon.
22 Section 130. Assisted Living and Shared Housing Quality
23 of Life Advisory Committee.
24 (a) For the purpose of this Section only, "Department"
25 means the Department on Aging and "Director" means the
26 Director of Aging.
27 (b) There shall be established within the Department on
28 Aging the Assisted Living and Shared Housing Quality of Life
29 Advisory Committee. The committee shall give advice to the
30 Department on activities of the assisted living ombudsman and
31 all other matters deemed relevant by the Director and to the
32 Director of Public Health on the delivery of personal care
33 services, the unique needs and concerns of seniors residing
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1 in housing projects, and all other issues affecting the
2 quality of life of residents. At least 3 members of the
3 committee must serve on the Assisted Living and Shared
4 Housing Advisory Board. The committee shall be comprised of
5 19 members appointed by the Governor and composed of the
6 following persons or their designees: the State Ombudsman;
7 the Director of the Division of Long Term Care; the Director
8 of the Division of Older American Services; one member
9 representing the Department of Public Health; one member
10 representing the Area Agencies on Aging; one member
11 representing agencies providing case coordination services; 3
12 members each representing different provider organizations
13 whose membership consists of residential facilities serving
14 seniors; 2 members representing providers of community care
15 services; one member representing the Community Based
16 Residential Facility projects; one member representing the
17 Department of Public Aid's Supportive Living Facilities; two
18 residents of assisted living or shared housing
19 establishments; 2 members representing consumer groups that
20 engage solely in advocacy or legal representation on behalf
21 of the senior population; and 2 citizen members with
22 expertise in either gerontology research or legal research
23 regarding the implementation of assisted living statutes.
24 The Director or his or her designee shall serve as the ex
25 officio and nonvoting chair. The Director of Public Health
26 or his or her designee shall serve as the ex officio and
27 nonvoting vice-chair. A quorum shall consist of 10 voting
28 members and all decisions shall be made by simple majority.
29 Members of the committee shall serve for 3 years or until a
30 replacement has been named. Initial appointments shall have
31 staggered terms to permit no more than one-third of the
32 committee to be reappointed each year. Members of the
33 committee shall not receive compensation for their services
34 or expenses, except resident members, who shall be reimbursed
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1 for actual expenses. The committee shall review and comment
2 on proposed rules to be promulgated pursuant to this Act by
3 the Director or the Director of Public Health. The Director
4 of Public Health shall provide copies of rules pursuant to
5 subsection (h) of Section 110. The Director shall provide
6 the committee copies of all administrative rules and changes
7 to administrative rules for review and comment prior to
8 notice being given to the public. If the committee, having
9 been asked for its review, fails to respond within 90 days,
10 the rules shall be considered acted upon.
11 (c) The Department shall conduct a study or contract for
12 the conducting of a study to review the effects of this Act
13 on the availability of housing for seniors. The study shall
14 evaluate whether (i) sufficient housing exists to meet the
15 needs of Illinois seniors for housing, (ii) the services
16 available under this Act meet the needs of Illinois seniors,
17 (iii) the private sector marketplace is an adequate supplier
18 of housing with services for seniors, and (iv) any other
19 consideration the Department and the Department of Public
20 Health deem relevant. The Department of Public Health
21 Assisted Living and Shared Housing Advisory Board shall serve
22 in an advisory capacity to the Department and the Committee
23 in the development of this report.
24 (d) The study mandated by subsection (c) shall be
25 completed and its findings and recommendations reported to
26 the General Assembly no later than January 1, 2003.
27 Section 135. Civil penalties.
28 (a) The Department may assess a civil penalty not to
29 exceed $5,000 against any establishment subject to this Act
30 for violations of this Act. Each day a violation continues
31 shall be deemed a separate violation.
32 (b) Beginning 180 days after the adoption of rules
33 under this Act, the Department may assess a civil penalty
HB0427 Re-Enrolled -38- LRB9101210JSpc
1 not to exceed $3,000 against any establishment subject to
2 this Act for caring for a resident who exceeds the care needs
3 defined in this Act. Each day a violation continues shall be
4 deemed a separate violation.
5 (c) The Department is authorized to hold hearings in
6 contested cases regarding appeals of the penalties assessed
7 pursuant to this Section.
8 Section 140. State and private funding. Nothing in this
9 Act shall:
10 (1) require or authorize the State agency
11 responsible for the administration of the medical
12 assistance program established under Article V and
13 Article VI of the Illinois Public Aid Code to approve,
14 supply, or cover services provided in an assisted living
15 or shared housing establishment;
16 (2) require an agency or a managed care
17 organization to approve, supply, or cover services
18 provided in an assisted living or shared housing
19 establishment; or
20 (3) require any other third party payer to approve,
21 supply or cover medically necessary home care services
22 provided in an assisted living establishment.
23 Section 145. Conversion of facilities. Entities
24 licensed as facilities under the Nursing Home Care Act may
25 elect to convert to a license under this Act. Any facility
26 that chooses to convert, in whole or in part, shall follow
27 the requirements in the Nursing Home Care Act and rules
28 promulgated under that Act regarding voluntary closure and
29 notice to residents. Any conversion of existing beds
30 licensed under the Nursing Home Care Act to licensure under
31 this Act is exempt from review by the Health Facilities
32 Planning Board.
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1 Section 150. Alzheimer and dementia programs.
2 (a) Except as provided in this Section, Alzheimer and
3 dementia programs shall comply with provisions of this Act.
4 (b) No person shall be admitted or retained if the
5 assisted living or shared housing establishment cannot
6 provide or secure appropriate care, if the resident requires
7 a level of service or type of service for which the
8 establishment is not licensed or which the establishment does
9 not provide, or if the establishment does not have the staff
10 appropriate in numbers and with appropriate skill to provide
11 such services.
12 (c) No person shall be accepted for residency or remain
13 in residence if the person's mental or physical condition has
14 so deteriorated to render residency in such a program to be
15 detrimental to the health, welfare or safety of the person or
16 of other residents of the establishment. The Department by
17 rule shall identify a validated dementia-specific standard
18 with inter-rater reliability that will be used to assess
19 individual residents. The assessment must be approved by the
20 resident's physician and shall occur prior to acceptance for
21 residency, annually, and at such time that a change in the
22 resident's condition is identified by a family member, staff
23 of the establishment, or the resident's physician.
24 (d) No person shall be accepted for residency or remain
25 in residence if the person is dangerous to self or others and
26 the establishment would be unable to eliminate the danger
27 through the use of appropriate treatment modalities.
28 (e) No person shall be accepted for residency or remain
29 in residence if the person meets the criteria provided in
30 subsections (b) through (g) of Section 75 of this Act.
31 (f) An establishment that offers to provide a special
32 program or unit for persons with Alzheimer's disease and
33 related disorders shall:
34 (1) disclose to the Department and to a potential
HB0427 Re-Enrolled -40- LRB9101210JSpc
1 or actual resident of the establishment information as
2 specified under the Alzheimer's Special Care Disclosure
3 Act;
4 (2) ensure that a resident's representative is
5 designated for the resident;
6 (3) develop and implement policies and procedures
7 that ensure the continued safety of all residents in the
8 establishment including, but not limited to, those who:
9 (A) may wander; and
10 (B) may need supervision and assistance when
11 evacuating the building in an emergency;
12 (4) provide coordination of communications with
13 each resident, resident's representative, relatives and
14 other persons identified in the resident's service plan;
15 (5) provide cognitive stimulation and activities to
16 maximize functioning;
17 (6) provide an appropriate number of staff for its
18 resident population, as established by rule;
19 (7) require the director or administrator and
20 direct care staff to complete sufficient comprehensive
21 and ongoing dementia and cognitive deficit training, the
22 content of which shall be established by rule; and
23 (8) develop emergency procedures and staffing
24 patterns to respond to the needs of residents.
25 Section 155. Application of Act. An establishment
26 licensed under this Act shall obtain and maintain all other
27 licenses, permits, certificates, and other governmental
28 approvals required of it, except that a licensed assisted
29 living or shared housing establishment is exempt from the
30 provisions of the Illinois Health Facilities Planning Act.
31 An establishment licensed under this Act shall comply with
32 the requirements of all local, State, federal, and other
33 applicable laws, rules, and ordinances and the National Fire
HB0427 Re-Enrolled -41- LRB9101210JSpc
1 Protection Association's Life Safety Code.
2 Section 160. Assisted Living and Shared Housing
3 Regulatory Fund. There is created in the State treasury a
4 special fund to be known as the Assisted Living and Shared
5 Housing Regulatory Fund. All moneys received by the
6 Department under this Act shall be deposited into the Fund.
7 Subject to appropriation, moneys in the Fund shall be used
8 for the administration of this Act. Interest earned on moneys
9 in the Fund shall be deposited into the Fund.
10 Section 165. Severability. The provisions of this Act
11 are severable under Section 1.31 of the Statute on Statutes.
12 Section 189. The Illinois Act on the Aging is amended by
13 changing Section 4.04 as follows:
14 (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
15 Sec. 4.04. Long Term Care Ombudsman Program.
16 (a) Long Term Care Ombudsman Program. The Department
17 shall establish a Long Term Care Ombudsman Program, through
18 the Office of State Long Term Care Ombudsman ("the Office"),
19 in accordance with the provisions of the Older Americans Act
20 of 1965, as now or hereafter amended.
21 (b) Definitions. As used in this Section, unless the
22 context requires otherwise:
23 (1) "Access" has the same meaning as in Section
24 1-104 of the Nursing Home Care Act, as now or hereafter
25 amended; that is, it means the right to:
26 (i) Enter any long term care facility or
27 assisted living or shared housing establishment;
28 (ii) Communicate privately and without
29 restriction with any resident who consents to the
30 communication;
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1 (iii) Seek consent to communicate privately
2 and without restriction with any resident;
3 (iv) Inspect the clinical and other records of
4 a resident with the express written consent of the
5 resident;
6 (v) Observe all areas of the long term care
7 facility or assisted living or shared housing
8 establishment except the living area of any resident
9 who protests the observation.
10 (2) "Long Term Care Facility" means any facility as
11 defined by Section 1-113 of the Nursing Home Care Act, as
12 now or hereafter amended.
13 (2.5) "Assisted living establishment" and "shared
14 housing establishment" have the meanings given those
15 terms in Section 10 of the Assisted Living and Shared
16 Housing Act.
17 (3) "Ombudsman" means any person employed by the
18 Department to fulfill the requirements of the Office, or
19 any representative of a sub-State long term care
20 ombudsman program; provided that the representative,
21 whether he is paid for or volunteers his ombudsman
22 services, shall be qualified and authorized by the
23 Department to perform the duties of an ombudsman as
24 specified by the Department in rules.
25 (c) Ombudsman; rules. The Office of State Long Term Care
26 Ombudsman shall be composed of at least one full-time
27 ombudsman within the Department and shall include a system of
28 designated sub-State long term care ombudsman programs. Each
29 sub-State program shall be designated by the Department as a
30 subdivision of the Office and any representative of a
31 sub-State program shall be treated as a representative of the
32 Office.
33 The Department shall promulgate administrative rules to
34 establish the responsibilities of the Department and the
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1 Office of State Long Term Care Ombudsman. The administrative
2 rules shall include the responsibility of the Office to
3 investigate and resolve complaints made by or on behalf of
4 residents of long term care facilities and assisted living
5 and shared housing establishments relating to actions,
6 inaction, or decisions of providers, or their
7 representatives, of long term care facilities, of assisted
8 living and shared housing establishments, of public agencies,
9 or of social services agencies, which may adversely affect
10 the health, safety, welfare, or rights of such residents.
11 When necessary and appropriate, representatives of the Office
12 shall refer complaints to the appropriate regulatory State
13 agency.
14 (d) Access and visitation rights.
15 (1) In accordance with subparagraphs (A) and (E) of
16 paragraph (3) of subsection (c) of Section 1819 and
17 subparagraphs (A) and (E) of paragraph (3) of subsection
18 (c) of Section 1919 of the Social Security Act, as now or
19 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E)
20 and 42 U.S.C. 1396r-3 (c)(3)(A) and (E)), and Section
21 307(a)(12) of the Older Americans Act of 1965, as now or
22 hereafter amended, a long term care facility, assisted
23 living establishment, and shared housing establishment
24 must:
25 (i) permit immediate access to any resident by
26 an ombudsman; and
27 (ii) permit representatives of the Office,
28 with the permission of the resident's legal
29 representative or legal guardian, to examine a
30 resident's clinical and other records, and if a
31 resident is unable to consent to such review, and
32 has no legal guardian, permit representatives of the
33 Office appropriate access, as defined by the
34 Department in administrative rules, to the
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1 resident's records.
2 (2) Each long term care facility, assisted living
3 establishment, and shared housing establishment shall
4 display, in multiple, conspicuous public places within
5 the facility accessible to both visitors and patients and
6 in an easily readable format, the address and phone
7 number of the Office, in a manner prescribed by the
8 Office.
9 (e) Immunity. An ombudsman or any other representative
10 of the Office participating in the good faith performance of
11 his or her official duties shall have immunity from any
12 liability (civil, criminal or otherwise) in any proceedings
13 (civil, criminal or otherwise) brought as a consequence of
14 the performance of his official duties.
15 (f) Business offenses.
16 (1) No person shall:
17 (i) Intentionally prevent, interfere with, or
18 attempt to impede in any way any representative of
19 the Office in the performance of his official duties
20 under this Act and the Older Americans Act of 1965;
21 or
22 (ii) Intentionally retaliate, discriminate
23 against, or effect reprisals against any long term
24 care facility resident or employee for contacting or
25 providing information to any representative of the
26 Office.
27 (2) A violation of this Section is a business
28 offense, punishable by a fine not to exceed $501.
29 (3) The Director of Aging shall notify the State's
30 Attorney of the county in which the long term care
31 facility is located, or the Attorney General, of any
32 violations of this Section.
33 (g) Confidentiality of records and identities. No files
34 or records maintained by the Office of State Long Term Care
HB0427 Re-Enrolled -45- LRB9101210JSpc
1 Ombudsman shall be disclosed unless the State Ombudsman or
2 the ombudsman having the authority over the disposition of
3 such files authorizes the disclosure in writing. The
4 ombudsman shall not disclose the identity of any complainant,
5 resident, witness or employee of a long term care provider
6 involved in a complaint or report unless such person or such
7 person's guardian or legal representative consents in writing
8 to the disclosure, or the disclosure is required by court
9 order.
10 (h) Legal representation. The Attorney General shall
11 provide legal representation to any representative of the
12 Office against whom suit or other legal action is brought in
13 connection with the performance of the representative's
14 official duties, in accordance with the State Employee
15 Indemnification Act "An Act to provide for representation and
16 indemnification in certain civil law suits", approved
17 December 3, 1977, as now or hereafter amended.
18 (i) Treatment by prayer and spiritual means. Nothing in
19 this Act shall be construed to authorize or require the
20 medical supervision, regulation, or control of remedial care
21 or treatment of any resident in a long term care facility
22 operated exclusively by and for members or adherents of any
23 church or religious denomination the tenets and practices of
24 which include reliance solely upon spiritual means through
25 prayer for healing.
26 (Source: P.A. 90-639, eff. 1-1-99.)
27 Section 191. The Illinois Health Facilities Planning Act
28 is amended by changing Section 3 as follows:
29 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
30 Sec. 3. As used in this Act:
31 "Health care facilities" means and includes the following
32 facilities and organizations:
HB0427 Re-Enrolled -46- LRB9101210JSpc
1 1. An ambulatory surgical treatment center required
2 to be licensed pursuant to the Ambulatory Surgical
3 Treatment Center Act;
4 2. An institution, place, building, or agency
5 required to be licensed pursuant to the Hospital
6 Licensing Act;
7 3. Skilled and intermediate long term care
8 facilities Any institution required to be licensed under
9 pursuant to the Nursing Home Care Act;
10 4. Hospitals, nursing homes, ambulatory surgical
11 treatment centers, or kidney disease treatment centers
12 maintained by the State or any department or agency
13 thereof; and
14 5. Kidney disease treatment centers, including a
15 free-standing hemodialysis unit.
16 No federally owned facility shall be subject to the
17 provisions of this Act, nor facilities used solely for
18 healing by prayer or spiritual means.
19 No facility licensed under the Supportive Residences
20 Licensing Act or the Assisted Living and Shared Housing Act
21 shall be subject to the provisions of this Act.
22 A facility designated as a supportive living facility
23 that is in good standing with the demonstration project
24 established under Section 5-5.01a of the Illinois Public Aid
25 Code shall not be subject to the provisions of this Act.
26 This Act does not apply to facilities granted waivers
27 under Section 3-102.2 of the Nursing Home Care Act. However,
28 if a demonstration project under that Act applies for a
29 certificate of need to convert to a nursing facility, it
30 shall meet the licensure and certificate of need requirements
31 in effect as of the date of application.
32 This Act shall not apply to the closure of an entity or a
33 portion of an entity licensed under the Nursing Home Care Act
34 that elects to convert, in whole or in part, to an assisted
HB0427 Re-Enrolled -47- LRB9101210JSpc
1 living or shared housing establishment licensed under the
2 Assisted Living and Shared Housing Establishment Act.
3 With the exception of those health care facilities
4 specifically included in this Section, nothing in this Act
5 shall be intended to include facilities operated as a part of
6 the practice of a physician or other licensed health care
7 professional, whether practicing in his individual capacity
8 or within the legal structure of any partnership, medical or
9 professional corporation, or unincorporated medical or
10 professional group. Further, this Act shall not apply to
11 physicians or other licensed health care professional's
12 practices where such practices are carried out in a portion
13 of a health care facility under contract with such health
14 care facility by a physician or by other licensed health care
15 professionals, whether practicing in his individual capacity
16 or within the legal structure of any partnership, medical or
17 professional corporation, or unincorporated medical or
18 professional groups. This Act shall apply to construction or
19 modification and to establishment by such health care
20 facility of such contracted portion which is subject to
21 facility licensing requirements, irrespective of the party
22 responsible for such action or attendant financial
23 obligation.
24 "Person" means any one or more natural persons, legal
25 entities, governmental bodies other than federal, or any
26 combination thereof.
27 "Consumer" means any person other than a person (a) whose
28 major occupation currently involves or whose official
29 capacity within the last 12 months has involved the
30 providing, administering or financing of any type of health
31 care facility, (b) who is engaged in health research or the
32 teaching of health, (c) who has a material financial interest
33 in any activity which involves the providing, administering
34 or financing of any type of health care facility, or (d) who
HB0427 Re-Enrolled -48- LRB9101210JSpc
1 is or ever has been a member of the immediate family of the
2 person defined by (a), (b), or (c).
3 "State Board" means the Health Facilities Planning Board.
4 "Construction or modification" means the establishment,
5 erection, building, alteration, reconstruction,
6 modernization, improvement, extension, discontinuation,
7 change of ownership, of or by a health care facility, or the
8 purchase or acquisition by or through a health care facility
9 of equipment or service for diagnostic or therapeutic
10 purposes or for facility administration or operation, or any
11 capital expenditure made by or on behalf of a health care
12 facility which exceeds the capital expenditure minimum.
13 "Establish" means the construction of a health care
14 facility or the replacement of an existing facility on
15 another site.
16 "Major medical equipment" means medical equipment which
17 is used for the provision of medical and other health
18 services and which costs in excess of the capital expenditure
19 minimum, except that such term does not include medical
20 equipment acquired by or on behalf of a clinical laboratory
21 to provide clinical laboratory services if the clinical
22 laboratory is independent of a physician's office and a
23 hospital and it has been determined under Title XVIII of the
24 Social Security Act to meet the requirements of paragraphs
25 (10) and (11) of Section 1861(s) of such Act. In determining
26 whether medical equipment has a value in excess of the
27 capital expenditure minimum, the value of studies, surveys,
28 designs, plans, working drawings, specifications, and other
29 activities essential to the acquisition of such equipment
30 shall be included.
31 "Capital Expenditure" means an expenditure: (A) made by
32 or on behalf of a health care facility (as such a facility is
33 defined in this Act); and (B) which under generally accepted
34 accounting principles is not properly chargeable as an
HB0427 Re-Enrolled -49- LRB9101210JSpc
1 expense of operation and maintenance, or is made to obtain by
2 lease or comparable arrangement any facility or part thereof
3 or any equipment for a facility or part; and which exceeds
4 the capital expenditure minimum.
5 For the purpose of this paragraph, the cost of any
6 studies, surveys, designs, plans, working drawings,
7 specifications, and other activities essential to the
8 acquisition, improvement, expansion, or replacement of any
9 plant or equipment with respect to which an expenditure is
10 made shall be included in determining if such expenditure
11 exceeds the capital expenditures minimum. Donations of
12 equipment or facilities to a health care facility which if
13 acquired directly by such facility would be subject to review
14 under this Act shall be considered capital expenditures, and
15 a transfer of equipment or facilities for less than fair
16 market value shall be considered a capital expenditure for
17 purposes of this Act if a transfer of the equipment or
18 facilities at fair market value would be subject to review.
19 "Capital expenditure minimum" means $1,000,000 for major
20 medical equipment and $2,000,000 for all other capital
21 expenditures, both of which shall be annually adjusted to
22 reflect the increase in construction costs due to inflation.
23 "Areawide" means a major area of the State delineated on
24 a geographic, demographic, and functional basis for health
25 planning and for health service and having within it one or
26 more local areas for health planning and health service. The
27 term "region", as contrasted with the term "subregion", and
28 the word "area" may be used synonymously with the term
29 "areawide".
30 "Local" means a subarea of a delineated major area that
31 on a geographic, demographic, and functional basis may be
32 considered to be part of such major area. The term
33 "subregion" may be used synonymously with the term "local".
34 "Areawide health planning organization" or "Comprehensive
HB0427 Re-Enrolled -50- LRB9101210JSpc
1 health planning organization" means the health systems agency
2 designated by the Secretary, Department of Health and Human
3 Services or any successor agency.
4 "Local health planning organization" means those local
5 health planning organizations that are designated as such by
6 the areawide health planning organization of the appropriate
7 area.
8 "Physician" means a person licensed to practice in
9 accordance with the Medical Practice Act of 1987, as amended.
10 "Licensed health care professional" means a person
11 licensed to practice a health profession under pertinent
12 licensing statutes of the State of Illinois.
13 "Director" means the Director of the Illinois Department
14 of Public Health.
15 "Agency" means the Illinois Department of Public Health.
16 "Comprehensive health planning" means health planning
17 concerned with the total population and all health and
18 associated problems that affect the well-being of people and
19 that encompasses health services, health manpower, and health
20 facilities; and the coordination among these and with those
21 social, economic, and environmental factors that affect
22 health.
23 "Alternative health care model" means a facility or
24 program authorized under the Alternative Health Care Delivery
25 Act.
26 (Source: P.A. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96;
27 90-14, eff. 7-1-97.)
28 Section 192. The State Finance Act is amended by adding
29 Section 5.490 as follows:
30 (30 ILCS 105/5.490 new)
31 Sec. 5.490. The Assisted Living and Shared Housing
32 Regulatory Fund.
HB0427 Re-Enrolled -51- LRB9101210JSpc
1 Section 193. The Alzheimer's Special Care Disclosure Act
2 is amended by changing Section 10 as follows:
3 (210 ILCS 4/10)
4 Sec. 10. Facility defined. As used in this Act,
5 "facility" means a facility licensed or permitted under the
6 Nursing Home Care Act, the Life Care Facility Act, the
7 Assisted Living and Shared Housing Act, or the Community
8 Living Facilities Licensing Act.
9 (Source: P.A. 90-341, eff. 1-1-98.)
10 Section 194. The Abused and Neglected Long Term Care
11 Facility Residents Reporting Act is amended by changing
12 Section 4 as follows:
13 (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
14 Sec. 4. Any long term care facility administrator, agent
15 or employee or any physician, hospital, surgeon, dentist,
16 osteopath, chiropractor, podiatrist, Christian Science
17 practitioner, coroner, social worker, social services
18 administrator, registered nurse, law enforcement officer,
19 field personnel of the Illinois Department of Public Aid,
20 field personnel of the Illinois Department of Public Health
21 and County or Municipal Health Departments, personnel of the
22 Department of Human Services (acting as the successor to the
23 Department of Mental Health and Developmental Disabilities or
24 the Department of Public Aid), personnel of the Guardianship
25 and Advocacy Commission, personnel of the State Fire Marshal,
26 local fire department inspectors or other personnel, or
27 personnel of the Illinois Department on Aging, or its
28 subsidiary Agencies on Aging, or employee of a facility
29 licensed under the Assisted Living and Shared Housing Act,
30 having reasonable cause to believe any resident with whom
31 they have direct contact has been subjected to abuse or
HB0427 Re-Enrolled -52- LRB9101210JSpc
1 neglect shall immediately report or cause a report to be made
2 to the Department. Persons required to make reports or cause
3 reports to be made under this Section include all employees
4 of the State of Illinois who are involved in providing
5 services to residents, including professionals providing
6 medical or rehabilitation services and all other persons
7 having direct contact with residents; and further include all
8 employees of community service agencies who provide services
9 to a resident of a public or private long term care facility
10 outside of that facility. Any long term care surveyor of the
11 Illinois Department of Public Health who has reasonable cause
12 to believe in the course of a survey that a resident has been
13 abused or neglected and initiates an investigation while on
14 site at the facility shall be exempt from making a report
15 under this Section but the results of any such investigation
16 shall be forwarded to the central register in a manner and
17 form described by the Department.
18 The requirement of this Act shall not relieve any long
19 term care facility administrator, agent or employee of
20 responsibility to report the abuse or neglect of a resident
21 under Section 3-610 of the Nursing Home Care Act.
22 In addition to the above persons required to report
23 suspected resident abuse and neglect, any other person may
24 make a report to the Department, or to any law enforcement
25 officer, if such person has reasonable cause to suspect a
26 resident has been abused or neglected.
27 This Section also applies to residents whose death occurs
28 from suspected abuse or neglect before being found or brought
29 to a hospital.
30 A person required to make reports or cause reports to be
31 made under this Section who fails to comply with the
32 requirements of this Section is guilty of a Class A
33 misdemeanor.
34 (Source: P.A. 89-507, eff. 7-1-97.)
HB0427 Re-Enrolled -53- LRB9101210JSpc
1 Section 195. The Nursing Home Care Act is amended by
2 changing Section 1-113 as follows:
3 (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
4 Sec. 1-113. "Facility" or "long-term care facility"
5 means a private home, institution, building, residence, or
6 any other place, whether operated for profit or not, or a
7 county home for the infirm and chronically ill operated
8 pursuant to Division 5-21 or 5-22 of the Counties Code, or
9 any similar institution operated by a political subdivision
10 of the State of Illinois, which provides, through its
11 ownership or management, personal care, sheltered care or
12 nursing for 3 or more persons, not related to the applicant
13 or owner by blood or marriage. It includes skilled nursing
14 facilities and intermediate care facilities as those terms
15 are defined in Title XVIII and Title XIX of the Federal
16 Social Security Act. It also includes homes, institutions, or
17 other places operated by or under the authority of the
18 Illinois Department of Veterans' Affairs.
19 "Facility" does not include the following:
20 (1) A home, institution, or other place operated by the
21 federal government or agency thereof, or by the State of
22 Illinois, other than homes, institutions, or other places
23 operated by or under the authority of the Illinois Department
24 of Veterans' Affairs;
25 (2) A hospital, sanitarium, or other institution whose
26 principal activity or business is the diagnosis, care, and
27 treatment of human illness through the maintenance and
28 operation as organized facilities therefor, which is required
29 to be licensed under the Hospital Licensing Act;
30 (3) Any "facility for child care" as defined in the
31 Child Care Act of 1969;
32 (4) Any "Community Living Facility" as defined in the
33 Community Living Facilities Licensing Act;
HB0427 Re-Enrolled -54- LRB9101210JSpc
1 (5) Any "community residential alternative" as defined
2 in the Community Residential Alternatives Licensing Act;
3 (6) Any nursing home or sanatorium operated solely by
4 and for persons who rely exclusively upon treatment by
5 spiritual means through prayer, in accordance with the creed
6 or tenets of any well-recognized church or religious
7 denomination. However, such nursing home or sanatorium shall
8 comply with all local laws and rules relating to sanitation
9 and safety;
10 (7) Any facility licensed by the Department of Human
11 Services as a community-integrated living arrangement as
12 defined in the Community-Integrated Living Arrangements
13 Licensure and Certification Act;
14 (8) Any "Supportive Residence" licensed under the
15 Supportive Residences Licensing Act; or
16 (9) Any "supportive living facility" in good standing
17 with the demonstration project established under Section
18 5-5.01a of the Illinois Public Aid Code; or.
19 (10) Any assisted living or shared housing establishment
20 licensed under the Assisted Living and Shared Housing Act.
21 (Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
22 90-14, eff. 7-1-97; 90-763, eff. 8-14-98.)
23 Section 196. The Health Care Worker Background Check Act
24 is amended by changing Section 15 as follows:
25 (225 ILCS 46/15)
26 Sec. 15. Definitions. For the purposes of this Act, the
27 following definitions apply:
28 "Applicant" means an individual seeking employment with a
29 health care employer who has received a bona fide conditional
30 offer of employment.
31 "Conditional offer of employment" means a bona fide offer
32 of employment by a health care employer to an applicant,
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1 which is contingent upon the receipt of a report from the
2 Department of State Police indicating that the applicant does
3 not have a record of conviction of any of the criminal
4 offenses enumerated in Section 25.
5 "Direct care" means the provision of nursing care or
6 assistance with meals, dressing, movement, bathing, or other
7 personal needs or maintenance, or general supervision and
8 oversight of the physical and mental well-being of an
9 individual who is incapable of managing his or her person
10 whether or not a guardian has been appointed for that
11 individual.
12 "Health care employer" means:
13 (1) the owner or licensee of any of the following:
14 (i) a community living facility, as defined in the
15 Community Living Facilities Act;
16 (ii) a life care facility, as defined in the Life
17 Care Facilities Act;
18 (iii) a long-term care facility, as defined in the
19 Nursing Home Care Act;
20 (iv) a home health agency, as defined in the Home
21 Health Agency Licensing Act;
22 (v) a full hospice, as defined in the Hospice
23 Program Licensing Act;
24 (vi) a hospital, as defined in the Hospital
25 Licensing Act;
26 (vii) a community residential alternative, as
27 defined in the Community Residential Alternatives
28 Licensing Act;
29 (viii) a nurse agency, as defined in the Nurse
30 Agency Licensing Act;
31 (ix) a respite care provider, as defined in the
32 Respite Program Act;
33 (x) an establishment licensed under the Assisted
34 Living and Shared Housing Act;
HB0427 Re-Enrolled -56- LRB9101210JSpc
1 (xi) a supportive living program, as defined in the
2 Illinois Public Aid Code;
3 (2) a day training program certified by the Department
4 of Human Services; or
5 (3) a community integrated living arrangement operated
6 by a community mental health and developmental service
7 agency, as defined in the Community-Integrated Living
8 Arrangements Licensing and Certification Act.
9 "Initiate" means the obtaining of the authorization for a
10 record check from a student, applicant, or employee. The
11 educational entity or health care employer or its designee
12 shall transmit all necessary information and fees to the
13 Illinois State Police within 10 working days after receipt of
14 the authorization.
15 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
16 89-674, eff. 8-14-96; 90-14, eff. 7-1-97; 90-776, eff.
17 1-1-99.)
18 Section 197. The Criminal Code of 1961 is amended by
19 changing Section 12-19 as follows:
20 (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
21 Sec. 12-19. Abuse and Gross Neglect of a Long Term Care
22 Facility Resident.
23 (a) Any person or any owner or licensee of a long term
24 care facility who abuses a long term care facility resident
25 is guilty of a Class 3 felony. Any person or any owner or
26 licensee of a long term care facility who grossly neglects a
27 long term care facility resident is guilty of a Class 4
28 felony. However, nothing herein shall be deemed to apply to
29 a physician licensed to practice medicine in all its branches
30 or a duly licensed nurse providing care within the scope of
31 his or her professional judgment and within the accepted
32 standards of care within the community.
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1 (b) Notwithstanding the penalties in subsections (a) and
2 (c) and in addition thereto, if a licensee or owner of a long
3 term care facility or his or her employee has caused neglect
4 of a resident, the licensee or owner is guilty of a petty
5 offense. An owner or licensee is guilty under this
6 subsection (b) only if the owner or licensee failed to
7 exercise reasonable care in the hiring, training, supervising
8 or providing of staff or other related routine administrative
9 responsibilities.
10 (c) Notwithstanding the penalties in subsections (a) and
11 (b) and in addition thereto, if a licensee or owner of a long
12 term care facility or his or her employee has caused gross
13 neglect of a resident, the licensee or owner is guilty of a
14 business offense for which a fine of not more than $10,000
15 may be imposed. An owner or licensee is guilty under this
16 subsection (c) only if the owner or licensee failed to
17 exercise reasonable care in the hiring, training, supervising
18 or providing of staff or other related routine administrative
19 responsibilities.
20 (d) For the purpose of this Section:
21 (1) "Abuse" means intentionally or knowingly
22 causing any physical or mental injury or committing any
23 sexual offense set forth in this Code.
24 (2) "Gross neglect" means recklessly failing to
25 provide adequate medical or personal care or maintenance,
26 which failure results in physical or mental injury or the
27 deterioration of a physical or mental condition.
28 (3) "Neglect" means negligently failing to provide
29 adequate medical or personal care or maintenance, which
30 failure results in physical or mental injury or the
31 deterioration of a physical or mental condition.
32 (4) "Resident" means a person residing in a long
33 term care facility.
34 (5) "Owner" means the person who owns a long term
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1 care facility as provided under the Nursing Home Care Act
2 or an assisted living or shared housing establishment
3 under the Assisted Living and Shared Housing Act.
4 (6) "Licensee" means the individual or entity
5 licensed to operate a facility under the Nursing Home
6 Care Act or the Assisted Living and Shared Housing Act.
7 (7) "Facility" or "long term care facility" means a
8 private home, institution, building, residence, or any
9 other place, whether operated for profit or not, or a
10 county home for the infirm and chronically ill operated
11 pursuant to Division 5-21 or 5-22 of the Counties Code,
12 or any similar institution operated by the State of
13 Illinois or a political subdivision thereof, which
14 provides, through its ownership or management, personal
15 care, sheltered care or nursing for 3 or more persons not
16 related to the owner by blood or marriage. The term also
17 includes skilled nursing facilities and intermediate care
18 facilities as defined in Title XVIII and Title XIX of the
19 federal Social Security Act and assisted living
20 establishments and shared housing establishments licensed
21 under the Assisted Living and Shared Housing Act.
22 (e) Nothing contained in this Section shall be deemed to
23 apply to the medical supervision, regulation or control of
24 the remedial care or treatment of residents in a facility
25 conducted for those who rely upon treatment by prayer or
26 spiritual means in accordance with the creed or tenets of any
27 well recognized church or religious denomination and which is
28 licensed in accordance with Section 3-803 of the Nursing Home
29 Care Act.
30 (Source: P.A. 86-820; 86-1475.)
31 Section 199. Effective date. This Act takes effect on
32 January 1, 2001.