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91_SB0010eng
SB10 Engrossed LRB9101014JSpcA
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 on Aging.
3 "Director" means the Director of Aging.
4 "Emergency situation" means imminent danger of death or
5 serious physical or mental harm to a resident of an
6 establishment.
7 "License" means any of the following types of licenses
8 issued to an applicant or licensee by the Department:
9 (1) "Probationary license" means a license issued
10 to an applicant or licensee that has not held a license
11 under this Act prior to its application or pursuant to a
12 license transfer in accordance with Section 50 of this
13 Act.
14 (2) "Regular license" means a license issued by the
15 Department to an applicant or licensee that is in
16 substantial compliance with this Act and any rules
17 promulgated under this Act.
18 "Licensee" means a person, agency, association,
19 corporation, partnership, or organization that has been
20 issued a license to operate an assisted living or shared
21 housing establishment.
22 "Licensed health care professional" means a registered
23 professional nurse, an advanced practice nurse, a physician
24 licensed to practice medicine in all its branches, a
25 physician assistant, and a licensed practical nurse.
26 "Mandatory services" include the following:
27 (1) 3 meals per day available to the residents
28 prepared by the establishment or an outside contractor;
29 (2) housekeeping services including, but not
30 limited to, vacuuming, dusting, and cleaning the
31 resident's unit;
32 (3) personal laundry and linen services available
33 to the residents provided or arranged for by the
34 establishment;
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1 (4) security provided 24 hours each day including,
2 but not limited to, locked entrances or building or
3 contract security personnel;
4 (5) an emergency communication response system,
5 which is a procedure in place 24 hours each day by which
6 a resident can notify building management, an emergency
7 response vendor, or others able to respond to his or her
8 need for assistance; and
9 (6) assistance with activities of daily living as
10 required by each resident.
11 "Negotiated risk" is the process by which a resident, or
12 his or her representative, may formally negotiate with
13 providers what risks each are willing and unwilling to assume
14 in service provision and the resident's living environment.
15 The provider assures that the resident and the resident's
16 representative, if any, are informed of the risks of these
17 decisions and of the potential consequences of assuming these
18 risks.
19 "Owner" means the individual, partnership, corporation,
20 association, or other person who owns an assisted living or
21 shared housing establishment. In the event an assisted
22 living or shared housing establishment is operated by a
23 person who leases or manages the physical plant, which is
24 owned by another person, "owner" means the person who
25 operates the assisted living or shared housing establishment,
26 except that if the person who owns the physical plant is an
27 affiliate of the person who operates the assisted living or
28 shared housing establishment and has significant control over
29 the day to day operations of the assisted living or shared
30 housing establishment, the person who owns the physical plant
31 shall incur jointly and severally with the owner all
32 liabilities imposed on an owner under this Act.
33 "Physician" means a person licensed under the Medical
34 Practice Act of 1987 to practice medicine in all of its
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1 branches.
2 "Resident" means a person residing in an assisted living
3 or shared housing establishment.
4 "Resident's representative" means a person, other than
5 the owner, agent, or employee of an establishment or of the
6 health care provider unless related to the resident,
7 designated in writing by a resident to be his or her
8 representative or the resident's guardian, who is available
9 and agrees to participate in directing the services to be
10 provided to the resident.
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
15 12 or fewer persons, at least 80% of whom are 55 years of age
16 or older and who are unrelated to the owners, and one
17 manager of 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.
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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
13 comprehensive assessment shall be completed by a physician.
14 Based on the assessment, a written service plan shall be
15 developed and mutually agreed upon by the provider and the
16 resident. The service plan, which shall be reviewed annually,
17 or more often as the resident's condition, preferences, or
18 service needs change, shall serve as a basis for the service
19 delivery contract between the provider and the resident.
20 Based on the assessment, the service plan may provide for the
21 disconnection or removal of any appliance.
22 Section 20. Construction and operating standards. The
23 Department, in consultation with the Advisory Board, shall
24 prescribe minimum standards for establishments. These
25 standards shall include:
26 (1) the location and construction of the
27 establishment, including plumbing, heating, lighting,
28 ventilation, and other physical conditions which shall
29 ensure the health, safety, and comfort of residents and
30 their protection from fire hazards; these standards shall
31 include, at a minimum, compliance with the National Fire
32 Protection Association's Life Safety Code Chapter 21
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1 (1985), local and State building codes for the building
2 type, and accessibility standards of the Americans with
3 Disabilities Act;
4 (2) the number and qualifications of all personnel
5 having responsibility for any part of the services
6 provided for residents;
7 (3) all sanitary conditions within the
8 establishment and its surroundings, including water
9 supply, sewage disposal, food handling, infection
10 control, and general hygiene, which shall ensure the
11 health and comfort of residents;
12 (4) a program for adequate maintenance of physical
13 plant and equipment;
14 (5) adequate accommodations, staff, and services
15 for the number and types of residents for whom the
16 establishment is licensed;
17 (6) the development of evacuation and other
18 appropriate safety plans for use during weather, health,
19 fire, physical plant, environmental, and national defense
20 emergencies; and
21 (7) the maintenance of minimum financial and other
22 resources necessary to meet the standards established
23 under this Section and to operate the establishment in
24 accordance with this Act.
25 Section 25. License requirement. No person may
26 establish, operate, maintain, or offer an establishment as an
27 assisted living establishment or shared housing establishment
28 as defined by the Act within this State unless and until he
29 or she obtains a valid license, which remains unsuspended,
30 unrevoked, and unexpired. No public official or employee may
31 place any person in, or recommend that any person be placed
32 in, or directly or indirectly cause any person to be placed
33 in any establishment that is being operated without a valid
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1 license. An entity that operates as an assisted living or
2 shared housing establishment as defined by this Act without a
3 license shall be subject to the provisions, including
4 penalties, of the Nursing Home Care Act. No entity shall use
5 in its name or advertise "assisted living" unless licensed as
6 an assisted living establishment under this Act or as a
7 shelter care facility under the Nursing Home Care Act that
8 also meets the definition of an assisted living establishment
9 under this Act, except a shared housing establishment
10 licensed under this Act may advertise assisted living
11 services.
12 Section 30. Licensing.
13 (a) The Department, in consultation with the Advisory
14 Board, shall establish by rule forms, procedures, and fees
15 for the annual licensing of assisted living and shared
16 housing establishments; shall establish and enforce sanctions
17 and penalties for operating in violation of this Act, as
18 provided in Section 125 of this Act and rules adopted under
19 Section 105 of this Act. The Department shall conduct an
20 annual on-site review for each establishment covered by this
21 Act, which shall include, but not be limited to, compliance
22 with this Act and rules adopted hereunder, focus on solving
23 resident issues and concerns, and the quality improvement
24 process implemented by the establishment to address resident
25 issues. The quality improvement process implemented by the
26 establishment must benchmark performance, be customer
27 centered, be data driven, and focus on resident satisfaction.
28 (b) An establishment shall provide the following
29 information to the Department to be considered for licensure:
30 (1) the business name, street address, mailing
31 address, and telephone number of the establishment;
32 (2) the name and mailing address of the owner or
33 owners of the establishment and if the owner or owners
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1 are not natural persons, identification of the type of
2 business entity of the owners, and the names and
3 addresses of the officers and members of the governing
4 body, or comparable persons for partnerships, limited
5 liability companies, or other types of business
6 organizations;
7 (3) the name and mailing address of the managing
8 agent of the establishment, whether hired under a
9 management agreement or lease agreement, if different
10 from the owner or owners, and the name of the full-time
11 director;
12 (4) verification that the establishment has
13 entered or will enter into a service delivery contract as
14 provided in Section 90, as required under this Act, with
15 each resident or resident's representative;
16 (5) the name and address of at least one natural
17 person who shall be responsible for dealing with the
18 Department on all matters provided for in this Act, on
19 whom personal service of all notices and orders shall be
20 made, and who shall be authorized to accept service on
21 behalf of the owner or owners and the managing agent.
22 Notwithstanding a contrary provision of the Code of Civil
23 Procedure, personal service on the person identified
24 pursuant to this subsection shall be considered service
25 on the owner or owners and the managing agent, and it
26 shall not be a defense to any action that personal
27 service was not made on each individual or entity;
28 (6) the signature of the authorized representative
29 of the owner or owners;
30 (7) proof of an ongoing quality improvement program
31 in accordance with rules adopted by the Department in
32 collaboration with the Advisory Board;
33 (8) information about the number and types of
34 units, the maximum census, and the services to be
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1 provided at the establishment, proof of compliance with
2 applicable State and local residential standards, and a
3 copy of the standard contract offered to residents;
4 (9) documentation of adequate liability insurance;
5 and
6 (10) other information necessary to determine the
7 identity and qualifications of an applicant or licensee
8 to operate an establishment in accordance with this Act
9 as required by the Department by rule.
10 (c) The information in the statement of ownership shall
11 be public information and shall be available from the
12 Department.
13 Section 35. Issuance of license.
14 (a) Upon receipt and review of an application for a
15 license and review of the applicant establishment, the
16 Director may issue a license if he or she finds:
17 (1) that the individual applicant, or the
18 corporation, partnership, or other entity if the
19 applicant is not an individual, is a person responsible
20 and suitable to operate or to direct or participate in
21 the operation of an establishment by virtue of financial
22 capacity, appropriate business or professional
23 experience, a record of lawful compliance with lawful
24 orders of the Department and lack of revocation of a
25 license issued under this Act or the Nursing Home Care
26 Act during the previous 5 years;
27 (2) that the establishment is under the supervision
28 of a full-time director who is at least 21 years of age
29 with ability, training, and education appropriate to meet
30 the needs of the residents and to manage the operations
31 of the establishment and who participates in ongoing
32 training for these purposes;
33 (3) that the establishment has staff sufficient in
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1 number with qualifications, adequate skills, education,
2 and experience to meet the 24 hour scheduled and
3 unscheduled needs of residents and who participate in
4 ongoing training to serve the resident population;
5 (4) that direct care staff meet the requirements of
6 the Health Care Worker Background Check Act;
7 (5) that the applicant is in substantial compliance
8 with this Act and such other requirements for a license
9 as the Department by rule may establish under this Act;
10 (6) that the applicant pays all required fees;
11 (7) that the applicant has provided to the
12 Department an accurate disclosure document in accordance
13 with the Alzheimer's Special Care Disclosure Act.
14 Any license issued by the Director shall state the
15 physical location of the establishment, the date the license
16 was issued, and the expiration date. All licenses shall be
17 valid for one year, except as provided in Section 40. Each
18 license shall be issued only for the premises and persons
19 named in the application, and shall not be transferable or
20 assignable.
21 Section 40. Probationary licenses. If the applicant
22 has not been previously licensed under this Act or if the
23 establishment is not in operation at the time the application
24 is made, the Department may issue a probationary license. A
25 probationary license shall be valid for 120 days unless
26 sooner suspended or revoked. Within 30 days prior to the
27 termination of a probationary license, the Department shall
28 fully and completely review the establishment and, if the
29 establishment meets the applicable requirements for
30 licensure, shall issue a license. If the Department finds
31 that the establishment does not meet the requirements for
32 licensure, but has made substantial progress toward meeting
33 those requirements, the license may be renewed once for a
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1 period not to exceed 120 days from the expiration date of the
2 initial probationary license.
3 Section 45. Renewal of licenses. At least 120 days,
4 but not more than 150 days prior to license expiration, the
5 licensee shall submit an application for renewal of the
6 license in such form and containing such information as the
7 Department requires. If the application is approved, the
8 license shall be renewed for an additional one-year period.
9 If appropriate, the renewal application shall not be approved
10 unless the applicant has provided to the Department an
11 accurate disclosure document in accordance with the
12 Alzheimer's Special Care Disclosure Act. If the application
13 for renewal is not timely filed, the Department shall so
14 inform the licensee.
15 Section 50. Transfer of ownership.
16 (a) Whenever ownership of an establishment is
17 transferred from the person named in the license to any other
18 person, the transferee must obtain a new probationary
19 license. The transferee shall notify the Department of the
20 transfer and apply for a new license at least 30 days prior
21 to final transfer.
22 (b) The transferor shall notify the Department at least
23 30 days prior to final transfer. The transferor shall remain
24 responsible for the operation of the establishment until such
25 time as a license is issued to the transferee.
26 Section 55. Grounds for denial of a license. An
27 application for a license may be denied for any of the
28 following reasons:
29 (1) failure to meet any of the standards set forth
30 in this Act or by rules adopted by the Department under
31 this Act;
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1 (2) conviction of the applicant, or if the
2 applicant is a firm, partnership, or association, of any
3 of its members, or if a corporation, the conviction of
4 the corporation or any of its officers or stockholders,
5 or of the person designated to manage or supervise the
6 establishment, of a felony or of 2 or more misdemeanors
7 involving moral turpitude during the previous 5 years as
8 shown by a certified copy of the record of the court of
9 conviction;
10 (3) personnel insufficient in number or unqualified
11 by training or experience to properly care for the
12 residents;
13 (4) insufficient financial or other resources to
14 operate and conduct the establishment in accordance with
15 standards adopted by the Department under this Act;
16 (5) revocation of the establishment license during
17 the previous 5 years, if such prior license was issued to
18 the individual applicant, a controlling owner or
19 controlling combination of owners of the applicant; or
20 any affiliate of the individual applicant or controlling
21 owner of the applicant and such individual applicant,
22 controlling owner of the applicant or affiliate of the
23 applicant was a controlling owner of the prior license;
24 provided, however, that the denial of an application for
25 a license pursuant to this Section must be supported by
26 evidence that the prior revocation renders the applicant
27 unqualified or incapable of meeting or maintaining an
28 establishment in accordance with the standards and rules
29 adopted by the Department under this Act; or
30 (6) the establishment is not under the direct
31 supervision of a full-time director, as defined by rule.
32 Section 60. Notice of denial; request for hearing;
33 hearing.
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1 (a) Immediately upon the denial of any application or
2 reapplication for a license under this Act, the Department
3 shall notify the applicant in writing. Notice of denial
4 shall include a clear and concise statement of the violations
5 of this Act on which the denial is based and notice of the
6 opportunity for a hearing. If the applicant or licensee
7 wishes to contest the denial of a license, it shall provide
8 written notice to the Department of a request for a hearing
9 within 10 days after receipt of the notice of denial. The
10 Department shall commence a hearing under this Section.
11 (b) A request for a hearing by aggrieved persons shall
12 be taken to the Department as follows:
13 (1) Upon the receipt of a request in writing for a
14 hearing, the Director or a person designated in writing
15 by the Director to act as a hearing officer shall conduct
16 a hearing to review the decision.
17 (2) Before the hearing is held notice of the
18 hearing shall be sent by the Department to the person
19 making the request for the hearing and to the person
20 making the decision which is being reviewed. In the
21 notice the Department shall specify the date, time, and
22 place of the hearing, which shall be held not less than
23 10 days after the notice is mailed or delivered. The
24 notice shall designate the decision being reviewed. The
25 notice may be served by delivering it personally to the
26 parties or their representatives or by mailing it by
27 certified mail to the parties' addresses.
28 (3) The Department shall commence the hearing
29 within 30 days after the receipt of request for hearing.
30 The hearing shall proceed as expeditiously as
31 practicable, but in all cases shall conclude within 90
32 days after commencement.
33 (c) The Director or hearing officer shall permit any
34 party to appear in person and to be represented by counsel at
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1 the hearing, at which time the applicant or licensee shall be
2 afforded an opportunity to present all relevant matter in
3 support of his or her position. In the event of the
4 inability of any party or the Department to procure the
5 attendance of witnesses to give testimony or produce books
6 and papers, any party or the Department may take the
7 deposition of witnesses in accordance with the provisions of
8 the laws of this State. All testimony shall be reduced to
9 writing, and all testimony and other evidence introduced at
10 the hearing shall be a part of the record of the hearing.
11 (d) The Director or hearing officer shall make findings
12 of fact in the hearing, and the Director shall render his or
13 her decision within 30 days after the termination of the
14 hearing, unless additional time not to exceed 90 days is
15 required by him or her for a proper disposition of the
16 matter. When the hearing has been conducted by a hearing
17 officer, the Director shall review the record and findings of
18 fact before rendering a decision. All decisions rendered by
19 the Director shall be binding upon and complied with by the
20 Department, the establishment, or the persons involved in the
21 hearing, as appropriate to each case.
22 Section 65. Revocation, suspension, or refusal to renew
23 license.
24 (a) The Department, after notice to the applicant or
25 licensee, may suspend, revoke, or refuse to renew a license
26 in any case in which the Department finds any of the
27 following:
28 (1) that there has been a substantial failure to
29 comply with this Act or the rules promulgated by the
30 Department under this Act;
31 (2) that there has been a conviction of the
32 licensee, or of the person designated to manage or
33 supervise the establishment, of a felony or of 2 or more
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1 misdemeanors involving moral turpitude during the
2 previous 5 years as shown by a certified copy of the
3 record of the court of conviction;
4 (3) that the personnel is insufficient in number or
5 unqualified by training or experience to properly care
6 for the number and type of residents served by the
7 establishment;
8 (4) that the financial or other resources are
9 insufficient to conduct and operate the establishment in
10 accordance with standards promulgated by the Department
11 under this Act; or
12 (5) that the establishment is not under the direct
13 supervision of a full-time director, as defined by rule.
14 (b) Notice under this Section shall include a clear and
15 concise statement of the violations on which the nonrenewal
16 or revocation is based, the statute or rule violated, and
17 notice of the opportunity for a hearing under Section 60.
18 (c) If an establishment desires to contest the
19 nonrenewal or revocation of a license, the establishment
20 shall, within 10 days after receipt of notice under
21 subsection (b) of this Section, notify the Department in
22 writing of its request for a hearing under Section 60. Upon
23 receipt of the request the Department shall send notice to
24 the establishment and hold a hearing as provided under
25 Section 60.
26 (d) The effective date of nonrenewal or revocation of a
27 license by the Department shall be any of the following:
28 (1) until otherwise ordered by the circuit court,
29 revocation is effective on the date set by the Department
30 in the notice of revocation, or upon final action after
31 hearing under Section 60, whichever is later;
32 (2) until otherwise ordered by the circuit court,
33 nonrenewal is effective on the date of expiration of any
34 existing license, or upon final action after hearing
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1 under Section 60, whichever is later; however, a license
2 shall not be deemed to have expired if the Department
3 fails to timely respond to a timely request for renewal
4 under this Act or for a hearing to contest nonrenewal; or
5 (3) the Department may extend the effective date of
6 license revocation or expiration in any case in order to
7 permit orderly removal and relocation of residents.
8 (e) The Department may refuse to issue or may suspend
9 the license of any person who fails to file a return, or to
10 pay the tax, penalty or interest shown in a filed return, or
11 to pay any final assessment of tax, penalty or interest, as
12 required by any tax Act administered by the Illinois
13 Department of Revenue, until such time as the requirements of
14 any such tax Act are satisfied.
15 Section 70. Service requirements. An establishment must
16 provide all mandatory services and may provide optional
17 services, including medication reminders, supervision of
18 self-administered medication and medication administration as
19 defined by this Section and non-medical services defined by
20 rule, whether provided directly by the establishment or by
21 another entity arranged for by the establishment with the
22 consent of the resident or the resident's representative.
23 For the purposes of this Section, "medication reminders"
24 means reminding residents to take predispensed,
25 self-administered medication, observing the resident, and
26 documenting whether or not the resident took the medication.
27 For the purpose of this Section, "medication assistance"
28 means reminding residents to take medication, physically
29 assisting residents with the medication as necessary, and
30 documenting that the resident has taken (or refused to take)
31 the medication. Medication assistance shall be under the
32 supervision of a licensed health care professional.
33 For the purposes of this Section, "medication
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1 administration" refers to a licensed health care professional
2 employed by an establishment engaging in administering
3 routine insulin and vitamin B-12 injections, oral
4 medications, topical treatments, eye and ear drops, or
5 nitroglycerin patches. Non-licensed staff may not administer
6 any medication.
7 The Department shall specify by rule procedures for
8 medication reminders, medication assistance, and medication
9 administration.
10 Section 75. Residency Requirements.
11 (a) No individual shall be accepted for residency or
12 remain in residence if the establishment cannot provide or
13 secure appropriate services, if the individual requires a
14 level of service or type of service for which the
15 establishment is not licensed or which the establishment does
16 not provide, or if the establishment does not have the staff
17 appropriate in numbers and with appropriate skill to provide
18 such services.
19 (b) Only adults may be accepted for residency.
20 (c) A person shall not be accepted for residency if:
21 (1) the person poses a serious threat to himself or
22 herself or to others;
23 (2) the person is not able to communicate his or
24 her needs and no resident representative residing in the
25 establishment has been appointed to direct the provision
26 of services;
27 (3) the person requires total assistance with 2 or
28 more activities of daily living;
29 (4) the person requires the assistance of more than
30 one paid caregiver at any given time with an activity of
31 daily living;
32 (5) the person requires more than minimal
33 assistance in moving to a safe area in an emergency;
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1 (6) the person has a severe mental illness, which
2 for the purposes of this Section means a condition that
3 is characterized by the presence of a major mental
4 disorder as classified in the Diagnostic and Statistical
5 Manual of Mental Disorders, Fourth Edition (DSM-IV)
6 (American Psychiatric Association, 1994), where the
7 individual is substantially disabled due to mental
8 illness in the areas of self-maintenance, social
9 functioning, activities of community living and work
10 skills, and the disability specified is expected to be
11 present for a period of not less than one year, but does
12 not mean Alzheimer's disease and other forms of dementia
13 based on organic or physical disorders;
14 (7) the person requires intravenous therapy or
15 intravenous feedings unless self-administered or
16 administered by a qualified licensed health care
17 professional not employed by the establishment;
18 (8) the person requires gastrostomy feedings
19 unless self-administered or administered by a licensed
20 health care professional not employed by the
21 establishment;
22 (9) the person requires insertion, sterile
23 irrigation, and replacement of catheter, except for
24 routine maintenance of urinary catheters, unless the
25 catheter care is self-administered or administered by a
26 licensed health care professional not employed by the
27 establishment;
28 (10) the person requires sterile wound care unless
29 care is self-administered or administered by a licensed
30 health care professional not employed by the
31 establishment;
32 (11) the person requires sliding scale insulin
33 administration unless self-performed or administered by a
34 licensed health care professional not employed by the
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1 establishment;
2 (12) the person is a diabetic requiring routine
3 insulin injections unless the injections are
4 self-administered or administered by a licensed health
5 care professional;
6 (13) the person requires treatment of stage 3 or
7 stage 4 decubitus ulcers or exfoliative dermatitis;
8 (14) the person requires 5 or more skilled nursing
9 visits per week for conditions other than those listed in
10 items (13) and (15) of this subsection for a period of 3
11 consecutive weeks or more except when the course of
12 treatment is expected to extend beyond a 3 week period
13 for rehabilitative purposes and is certified as temporary
14 by a physician; or
15 (15) other reasons prescribed by the Department by
16 rule.
17 (d) A resident with a condition listed in items (1)
18 through (12) of subsection (c) shall have his or her
19 residency terminated.
20 (e) A resident with a condition listed in items (13)
21 through (15) of subsection (c) may continue to reside in the
22 establishment for a period of 21 days.
23 (f) Residency shall be terminated when services
24 available to the resident in the establishment are no longer
25 adequate to meet the needs of the resident. This provision
26 shall not be interpreted as limiting the authority of the
27 Department to require the residency termination of
28 individuals.
29 (g) Subsections (d) and (e) of this Section shall not
30 apply to terminally ill residents who receive or would
31 qualify for hospice care coordinated by a hospice licensed
32 under the Hospice Program Licensing Act or other licensed
33 health care professional employed by a licensed home health
34 agency and the establishment and all parties agree to the
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1 continued residency.
2 (h) Items (3), (4), (5), and (9) of subsection (c) shall
3 not apply to a quadriplegic, paraplegic, or individual with
4 neuro-muscular diseases, such as muscular dystrophy and
5 multiple sclerosis, or other chronic diseases and conditions
6 as defined by rule if the individual is able to communicate
7 his or her needs and does not require assistance with complex
8 medical problems, and the establishment is able to
9 accommodate the individual's needs.
10 Section 80. Involuntary termination of residency.
11 (a) Residency shall be involuntarily terminated only for
12 the following reasons:
13 (1) as provided in Section 75 of this Act;
14 (2) nonpayment of contracted charges after the
15 resident and the resident's representative have received
16 a minimum of 30-days written notice of the delinquency
17 and the resident or the resident's representative has had
18 at least 15 days to cure the delinquency; or
19 (3) failure to execute a service delivery contract
20 or to substantially comply with its terms and conditions,
21 failure to comply with the assessment requirements
22 contained in Section 15, or failure to substantially
23 comply with the terms and conditions of the lease
24 agreement.
25 (b) A 30 day written notice of residency termination
26 shall be provided to the resident, the resident's
27 representative, or both, which shall include the reason for
28 the pending action, the date of the proposed move, and a
29 notice, the content and form to be set forth by rule, of the
30 resident's right to appeal, the steps that the resident or
31 the resident's representative must take to initiate an
32 appeal, and a statement of the resident's right to continue
33 to reside in the establishment until a decision is rendered.
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1 The notice shall include a toll free telephone number to
2 initiate an appeal and a written hearing request form,
3 together with a postage paid, pre-addressed envelope to the
4 Department. If the resident or the resident's
5 representative, if any, cannot read English, the notice may
6 be provided in a language the individual receiving the notice
7 can read or the establishment may provide a translator who
8 has been trained to assist the resident or the resident's
9 representative in the appeal process. In emergency
10 situations as defined in Section 10 of this Act, written
11 notice may be waived.
12 (c) The establishment shall attempt to resolve with the
13 resident or the resident's representative, if any,
14 circumstances that if not remedied have the potential of
15 resulting in an involuntary termination of residency and
16 shall document those efforts in the resident's file. This
17 action may occur prior to or during the 30 day notice period,
18 but must occur prior to the termination of the residency. In
19 emergency situations, the requirements of this subsection may
20 be waived.
21 (d) A request for a hearing shall stay an involuntary
22 termination of residency until a decision has been rendered
23 by the Department, according to a process adopted by rule.
24 During this time period, the establishment may not terminate
25 or reduce any service for the purpose of making it more
26 difficult or impossible for the resident to remain in the
27 establishment.
28 (e) The establishment shall offer the resident and the
29 resident's representative, if any, residency termination and
30 relocation assistance including information on available
31 alternative placement. Residents shall be involved in
32 planning the move and shall choose among the available
33 alternative placements except when an emergency situation
34 makes prior resident involvement impossible. Emergency
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1 placements are deemed temporary until the resident's input
2 can be sought in the final placement decision. No resident
3 shall be forced to remain in a temporary or permanent
4 placement.
5 (f) The Department may offer assistance to the
6 establishment and the resident in the preparation of
7 residency termination and relocation plans to assure safe and
8 orderly transition and to protect the resident's health,
9 safety, welfare, and rights. In nonemergencies, and where
10 possible in emergencies, the transition plan shall be
11 designed and implemented in advance of transfer or residency
12 termination.
13 Section 85. Contract requirements. No entity may
14 establish, operate, conduct, or maintain an establishment in
15 this State unless a written service delivery contract is
16 executed between the establishment and each resident or
17 resident's representative in accordance with Section 90 and
18 unless the establishment operates in accordance with the
19 terms of the contract. The resident or the resident's
20 representative shall be given a complete copy of the contract
21 and all supporting documents and attachments and any changes
22 whenever changes are made. If the resident does not
23 understand English and if translated documents are not
24 available, the establishment must explain its policies to a
25 responsible relative or friend or another individual who can
26 communicate the information to the resident.
27 Section 90. Contents of service delivery contract. A
28 contract between an establishment and a resident must be
29 entitled "assisted living establishment contract" or "shared
30 housing establishment contract" as applicable, shall be
31 printed in no less than 12 point type, and shall include at
32 least the following elements in the body or through
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1 supporting documents or attachments:
2 (1) the name, street address, and mailing address
3 of the establishment;
4 (2) the name and mailing address of the owner or
5 owners of the establishment and, if the owner or owners
6 are not natural persons, the type of business entity of
7 the owner or owners;
8 (3) the name and mailing address of the managing
9 agent of the establishment, whether hired under a
10 management agreement or lease agreement, if the managing
11 agent is different from the owner or owners;
12 (4) the name and address of at least one natural
13 person who is authorized to accept service on behalf of
14 the owners and managing agent;
15 (5) a statement describing the license status of
16 the establishment and the license status of all providers
17 of health-related or supportive services to a resident
18 under arrangement with the establishment;
19 (6) the duration of the contract;
20 (7) the base rate to be paid by the resident and a
21 description of the services to be provided as part of
22 this rate;
23 (8) a description of any additional services to be
24 provided for an additional fee by the establishment
25 directly or by a third party provider under arrangement
26 with the establishment;
27 (9) the fee schedules outlining the cost of any
28 additional services;
29 (10) a description of the process through which the
30 contract may be modified, amended, or terminated;
31 (11) a description of the establishment's complaint
32 resolution process available to residents and notice of
33 the availability of the Department's Senior Helpline for
34 complaints;
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1 (12) the name of the resident's designated
2 representative, if any;
3 (13) the resident's obligations in order to
4 maintain residency and receive services including
5 compliance with all assessments required under Section
6 15;
7 (14) the billing and payment procedures and
8 requirements;
9 (15) a statement affirming the resident's freedom
10 to receive services from service providers with whom the
11 establishment does not have a contractual arrangement,
12 which may also disclaim liability on the part of the
13 establishment for those services;
14 (16) a statement that medical assistance under
15 Article V or Article VI of the Illinois Public Aid Code
16 is not available for payment for services provided in an
17 establishment;
18 (17) a statement detailing the admission, risk
19 management, and residency termination criteria and
20 procedures;
21 (18) a statement listing the rights specified in
22 Section 92 and acknowledging that, by contracting with
23 the assisted living or shared housing establishment, the
24 resident does not forfeit those rights; and
25 (19) a statement detailing the Department's annual
26 on-site review process including what documents contained
27 in a resident's personal file shall be reviewed by the
28 on-site reviewer as defined by rule.
29 Section 92. Resident rights. No resident shall be
30 deprived of any rights, benefits, or privileges guaranteed by
31 law, the Constitution of the State of Illinois, or the
32 Constitution of the United States solely on account of his or
33 her status as a resident of an establishment, nor shall a
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1 resident forfeit any of the following rights:
2 (1) the right to retain and use personal property
3 and a place to store personal items that is locked and
4 secure;
5 (2) the right to refuse services and to be advised
6 of the consequences of that refusal;
7 (3) the right to respect for bodily privacy and
8 dignity at all times, especially during care and
9 treatment;
10 (4) the right to the free exercise of religion;
11 (5) the right to privacy with regard to mail, phone
12 calls, and visitors;
13 (6) the right to uncensored access to the State
14 Ombudsman or his or her designee;
15 (7) the right to be free of retaliation for
16 criticizing the establishment or making complaints to
17 appropriate agencies;
18 (8) the right to be free of chemical and physical
19 restraints;
20 (9) the right to be free of abuse or neglect or to
21 refuse to perform labor;
22 (10) the right to confidentiality of the resident's
23 medical records;
24 (11) the right of access and the right to copy the
25 resident's personal files maintained by the
26 establishment;
27 (12) the right to 24 hours access to the
28 establishment;
29 (13) the right to a minimum of 90-days notice of a
30 planned establishment closure;
31 (14) the right to a minimum of 30-days notice of an
32 involuntary residency termination, except where the
33 resident poses a threat to himself or others, or in other
34 emergency situations, and the right to appeal such
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1 termination; and
2 (15) the right to a 30-day notice of delinquency
3 and at least 15 days right to cure delinquency.
4 Section 95. Notice of closure. An owner of an
5 establishment licensed under this Act shall give 90 days
6 notice prior to voluntarily closing the establishment or
7 prior to closing any part of the establishment if closing the
8 part will require residency termination. The notice shall be
9 given to the Department, to any resident who must have their
10 residency terminated, the resident's representative, and to a
11 member of the resident's family, where practicable. The
12 notice shall state the proposed date of closing and the
13 reason for closing. The establishment shall offer to assist
14 the resident in securing an alternative placement and shall
15 advise the resident on available alternatives. Where the
16 resident is unable to choose an alternative placement and is
17 not under guardianship, the Department shall be notified of
18 the need for relocation assistance. The establishment shall
19 comply with all applicable laws and rules until the date of
20 closing, including those related to residency termination.
21 Section 100. Record retention. Service delivery
22 contracts and related documents executed by each resident or
23 resident's representative shall be maintained by an
24 establishment subject to this Act from the date of execution
25 until 3 years after the contract is terminated. The
26 establishment shall also maintain and retain records to
27 support compliance with each individual contract and with
28 applicable federal and State rules. The records and
29 supporting documents, as defined by rule, shall be made
30 available for on-site inspection by the Department upon
31 request at any time.
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1 Section 105. Powers and duties of the Department.
2 (a) The Department shall conduct an annual unannounced
3 on-site visit at each assisted living and shared housing
4 establishment to determine compliance with applicable
5 licensure requirements and standards. Additional visits may
6 be conducted without prior notice to the assisted living or
7 shared housing establishment.
8 (b) Upon receipt of information that may indicate the
9 failure of the assisted living or shared housing
10 establishment or a service provider to comply with a
11 provision of this Act, the Department shall investigate the
12 matter or make appropriate referrals to other government
13 agencies and entities having jurisdiction over the subject
14 matter of the possible violation. The Department may also
15 make referrals to any public or private agency that the
16 Department considers available for appropriate assistance to
17 those involved. The Department may oversee and coordinate the
18 enforcement of State consumer protection policies affecting
19 residents residing in an establishment licensed under this
20 Act.
21 (c) The Department shall establish by rule complaint
22 receipt, investigation, resolution, and involuntary
23 residency termination procedures. Resolution procedures
24 shall provide for on-site review and evaluation of an
25 assisted living or shared housing establishment found to be
26 in violation of this Act within a specified period of time
27 based on the gravity and severity of the violation and any
28 pervasive pattern of occurrences of the same or similar
29 violations.
30 (d) The Director shall establish an Assisted Living and
31 Shared Housing Advisory Board.
32 (e) The Department shall by rule establish penalties and
33 sanctions, which shall include, but need not be limited to,
34 the creation of a schedule of graduated penalties and
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1 sanctions to include closure.
2 (f) The Department shall by rule establish procedures
3 for disclosure of information to the public, which shall
4 include, but not be limited to, ownership, licensure status,
5 frequency of complaints, disposition of substantiated
6 complaints, and disciplinary actions.
7 (g) Beginning January 1, 2000, the Department shall
8 begin drafting rules necessary for the administration of this
9 Act.
10 Section 110. Reports and access to information. The
11 Department may require periodic reports and shall have access
12 to and may reproduce or photocopy at its cost any books,
13 records or other documents maintained by the establishment to
14 the extent necessary to carry out this Act and shall not
15 divulge or disclose the contents of a resident's record
16 obtained under this Section in violation of this Act.
17 Section 115. Consent to review. A licensee or applicant
18 for a license shall be deemed to have given consent to any
19 authorized officer, employee, or agent of the Department to
20 enter and review the establishment in accordance with this
21 Act, except that entrance to individual rooms shall only be
22 given with the consent of the resident or the resident's
23 representative. Refusal to permit entry or review shall
24 constitute grounds for denial, nonrenewal, or revocation of a
25 license.
26 Section 120. Assisted Living and Shared Housing Advisory
27 Board.
28 (a) The Director shall appoint the Assisted Living and
29 Shared Housing Advisory Board which shall be responsible for
30 advising the Director in all aspects of the administration of
31 the Act.
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1 (b) The Board shall be comprised of the following
2 persons:
3 (1) the Director who shall serve as chair, ex
4 officio and nonvoting;
5 (2) one representative each of the Departments of
6 Public Health, Public Aid, Human Services, the Office of
7 the State Fire Marshal, and the Illinois Housing
8 Development Authority, all nonvoting members;
9 (3) the State Ombudsman or his or her designee;
10 (4) one representative of the Association of Area
11 Agencies on Aging;
12 (5) four members selected from the recommendations
13 by provider organizations whose membership consist of
14 nursing care or assisted living establishments;
15 (6) one member selected from the recommendations of
16 provider organizations whose membership consists of home
17 health agencies;
18 (7) two residents of assisted living
19 establishments;
20 (8) three members selected from the
21 recommendations of consumer organizations which engage
22 solely in advocacy or legal representation on behalf of
23 the senior population;
24 (9) one member who shall be a physician;
25 (10) one member who shall be a registered
26 professional nurse selected from the recommendations of
27 professional nursing associations; and
28 (11) two citizen members with expertise in the area
29 of gerontology research.
30 (c) Members of the Board created by this Act shall be
31 appointed to serve for terms of 3 years. All members shall be
32 appointed no sooner than February 1, 2000 and no later than
33 March 1, 2000. One third of the Board members' initial terms
34 shall expire in one year; one third in 2 years, and one third
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1 in 3 years. A member's term does not expire until a
2 successor is appointed by the Director. Any member
3 appointed to fill a vacancy occurring prior to the expiration
4 of the term for which his or her predecessor was appointed
5 shall be appointed for the remainder of that term. The Board
6 shall meet at the call of the Director. The affirmative vote
7 of 9 members of the Board shall be necessary for Board
8 action. Members of this Board shall receive no compensation
9 for their services, however, resident members shall be
10 reimbursed for their actual expenses.
11 (d) The Board shall be provided copies of all
12 administrative rules and changes to administrative rules for
13 review and comment prior to notice being given to the public.
14 If the Board, having been asked for its review, fails to
15 advise the Department within 90 days, the rules shall be
16 considered acted upon.
17 Section 125. Civil penalties.
18 (a) The Department may assess a civil penalty not to
19 exceed $5,000 against any establishment subject to this Act
20 for violations of this Act. Each day a violation continues
21 shall be deemed a separate violation.
22 (b) Beginning 180 days after the adoption of rules
23 under this Act, the Department may assess a civil penalty
24 not to exceed $3,000 against any establishment subject to
25 this Act for caring for a resident who exceeds the care needs
26 defined in this Act. Each day a violation continues shall be
27 deemed a separate violation.
28 (c) The Department is authorized to hold hearings in
29 contested cases regarding appeals of the penalties assessed
30 pursuant to this Section.
31 Section 130. State and private funding. Nothing in this
32 Act shall:
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1 (1) require or authorize the State agency
2 responsible for the administration of the medical
3 assistance program established under Article V and
4 Article VI of the Illinois Public Aid Code to approve,
5 supply, or cover services provided in an assisted living
6 or shared housing establishment;
7 (2) require an agency or a managed care
8 organization to approve, supply, or cover services
9 provided in an assisted living or shared housing
10 establishment; or
11 (3) require any other third party payer to approve,
12 supply or cover medically necessary home care services
13 provided in an assisted living establishment.
14 Section 135. Conversion of sheltered care facilities.
15 Entities licensed as sheltered care facilities under the
16 Nursing Home Care Act may elect to convert their sheltered
17 care license to a license under this Act.
18 Section 140. Alzheimer and dementia programs.
19 (a) Except as provided in this Section, Alzheimer and
20 dementia programs shall comply with provisions of this Act.
21 (b) No resident shall be admitted or retained if the
22 assisted living or shared housing establishment cannot
23 provide or secure appropriate care, if the resident requires
24 a level of service or type of service for which the
25 establishment is not licensed or which the establishment does
26 not provide, or if the establishment does not have the staff
27 appropriate in numbers and with appropriate skill to provide
28 such services.
29 (c) No resident shall be admitted or retained if the
30 resident requires total assistance with 2 or more activities
31 of daily living, except in cases where a licensed health care
32 professional not employed by the establishment certifies the
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1 resident's needs can be met, as defined in the resident's
2 service plan.
3 (d) An establishment that offers to provide a special
4 program or unit for persons with Alzheimer's disease and
5 related disorders shall:
6 (1) disclose to the Department and to a potential
7 or actual resident of the establishment information as
8 specified under the Alzheimer's Special Care Disclosure
9 Act;
10 (2) ensure that a resident's representative is
11 designated for the resident;
12 (3) develop and implement policies and procedures
13 that ensure the continued safety of all residents in the
14 establishment including, but not limited to, those who:
15 (A) may wander; and
16 (B) may need supervision and assistance when
17 evacuating the building in an emergency;
18 (4) provide coordination of communications with
19 each resident, resident's representative, relatives and
20 other persons identified in the resident's service plan;
21 (5) provide cognitive stimulation and activities to
22 maximize functioning;
23 (6) provide an appropriate number of staff for its
24 resident population, as established by rule;
25 (7) require the director or administrator and
26 direct care staff to complete sufficient comprehensive
27 and ongoing dementia and cognitive deficit training, the
28 content of which shall be established by rule; and
29 (8) develop emergency procedures and staffing
30 patterns to respond to the needs of residents.
31 Section 145. Application of Act. An establishment
32 licensed under this Act shall obtain and maintain all other
33 licenses, permits, certificates, and other governmental
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1 approvals required of it, except that a licensed assisted
2 living or shared housing establishment is exempt from the
3 provisions of the Illinois Health Facilities Planning Act.
4 And establishment licensed under this Act shall comply with
5 the requirements of all local, State, federal, and other
6 applicable laws, rules, and ordinances and the National Fire
7 Protection Association's Life Safety Code Chapter 21 (1985).
8 Section 150. Assisted Living and Shared Housing
9 Regulatory Fund. There is created in the State treasury a
10 special fund to be known as the Assisted Living and Shared
11 Housing Regulatory Fund. All moneys received by the
12 Department under this Act shall be deposited into the Fund.
13 Subject to appropriation, moneys in the Fund shall be used
14 for the administration of this Act. Interest earned on
15 moneys in the Fund shall be deposited into the Fund.
16 Section 155. Report of the Department.
17 (a) The Department shall conduct a study or contract for
18 the conducting of a study to review the effects of this Act
19 on the availability of housing for seniors. The study shall
20 evaluate whether (i) sufficient housing exists to meet the
21 needs of Illinois seniors for housing, (ii) the services
22 available under this Act meet the needs of Illinois seniors,
23 (iii) the private sector marketplace is an adequate supplier
24 of housing with services for seniors, and (iv) any other
25 consideration the Department deems relevant.
26 (b) The study mandated by subsection (a) shall be
27 completed and its findings and recommendations reported to
28 the General Assembly no later than January 1, 2005.
29 Section 160. Severability. The provisions of this Act
30 are severable under Section 1.31 of the Statute on Statutes.
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1 Section 190. The Illinois Act on the Aging is amended by
2 changing Section 4.04 as follows:
3 (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
4 Sec. 4.04. Long Term Care Ombudsman Program.
5 (a) Long Term Care Ombudsman Program. The Department
6 shall establish a Long Term Care Ombudsman Program, through
7 the Office of State Long Term Care Ombudsman ("the Office"),
8 in accordance with the provisions of the Older Americans Act
9 of 1965, as now or hereafter amended.
10 (b) Definitions. As used in this Section, unless the
11 context requires otherwise:
12 (1) "Access" has the same meaning as in Section
13 1-104 of the Nursing Home Care Act, as now or hereafter
14 amended; that is, it means the right to:
15 (i) Enter any long term care facility or
16 assisted living or shared housing establishment;
17 (ii) Communicate privately and without
18 restriction with any resident who consents to the
19 communication;
20 (iii) Seek consent to communicate privately
21 and without restriction with any resident;
22 (iv) Inspect the clinical and other records of
23 a resident with the express written consent of the
24 resident;
25 (v) Observe all areas of the long term care
26 facility or assisted living or shared housing
27 establishment except the living area of any resident
28 who protests the observation.
29 (2) "Long Term Care Facility" means any facility as
30 defined by Section 1-113 of the Nursing Home Care Act, as
31 now or hereafter amended.
32 (2.5) "Assisted living establishment" and "shared
33 housing establishment" have the meanings given those
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1 terms in Section 10 of the Assisted Living and Shared
2 Housing Act.
3 (3) "Ombudsman" means any person employed by the
4 Department to fulfill the requirements of the Office, or
5 any representative of a sub-State long term care
6 ombudsman program; provided that the representative,
7 whether he is paid for or volunteers his ombudsman
8 services, shall be qualified and authorized by the
9 Department to perform the duties of an ombudsman as
10 specified by the Department in rules.
11 (c) Ombudsman; rules. The Office of State Long Term Care
12 Ombudsman shall be composed of at least one full-time
13 ombudsman within the Department and shall include a system of
14 designated sub-State long term care ombudsman programs. Each
15 sub-State program shall be designated by the Department as a
16 subdivision of the Office and any representative of a
17 sub-State program shall be treated as a representative of the
18 Office.
19 The Department shall promulgate administrative rules to
20 establish the responsibilities of the Department and the
21 Office of State Long Term Care Ombudsman. The administrative
22 rules shall include the responsibility of the Office to
23 investigate and resolve complaints made by or on behalf of
24 residents of long term care facilities and assisted living
25 and shared housing establishments relating to actions,
26 inaction, or decisions of providers, or their
27 representatives, of long term care facilities, of assisted
28 living and shared housing establishments, of public agencies,
29 or of social services agencies, which may adversely affect
30 the health, safety, welfare, or rights of such residents.
31 When necessary and appropriate, representatives of the Office
32 shall refer complaints to the appropriate regulatory State
33 agency.
34 (d) Access and visitation rights.
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1 (1) In accordance with subparagraphs (A) and (E) of
2 paragraph (3) of subsection (c) of Section 1819 and
3 subparagraphs (A) and (E) of paragraph (3) of subsection
4 (c) of Section 1919 of the Social Security Act, as now or
5 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E)
6 and 42 U.S.C. 1396r-3 (c)(3)(A) and (E)), and Section
7 307(a)(12) of the Older Americans Act of 1965, as now or
8 hereafter amended, a long term care facility must:
9 (i) permit immediate access to any resident by
10 an ombudsman; and
11 (ii) permit representatives of the Office,
12 with the permission of the resident's legal
13 representative or legal guardian, to examine a
14 resident's clinical and other records, and if a
15 resident is unable to consent to such review, and
16 has no legal guardian, permit representatives of the
17 Office appropriate access, as defined by the
18 Department in administrative rules, to the
19 resident's records.
20 (2) Each long term care facility shall display, in
21 multiple, conspicuous public places within the facility
22 accessible to both visitors and patients and in an easily
23 readable format, the address and phone number of the
24 Office, in a manner prescribed by the Office.
25 (e) Immunity. An ombudsman or any other representative
26 of the Office participating in the good faith performance of
27 his or her official duties shall have immunity from any
28 liability (civil, criminal or otherwise) in any proceedings
29 (civil, criminal or otherwise) brought as a consequence of
30 the performance of his official duties.
31 (f) Business offenses.
32 (1) No person shall:
33 (i) Intentionally prevent, interfere with, or
34 attempt to impede in any way any representative of
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1 the Office in the performance of his official duties
2 under this Act and the Older Americans Act of 1965;
3 or
4 (ii) Intentionally retaliate, discriminate
5 against, or effect reprisals against any long term
6 care facility resident or employee for contacting or
7 providing information to any representative of the
8 Office.
9 (2) A violation of this Section is a business
10 offense, punishable by a fine not to exceed $501.
11 (3) The Director of Aging shall notify the State's
12 Attorney of the county in which the long term care
13 facility is located, or the Attorney General, of any
14 violations of this Section.
15 (g) Confidentiality of records and identities. No files
16 or records maintained by the Office of State Long Term Care
17 Ombudsman shall be disclosed unless the State Ombudsman or
18 the ombudsman having the authority over the disposition of
19 such files authorizes the disclosure in writing. The
20 ombudsman shall not disclose the identity of any complainant,
21 resident, witness or employee of a long term care provider
22 involved in a complaint or report unless such person or such
23 person's guardian or legal representative consents in writing
24 to the disclosure, or the disclosure is required by court
25 order.
26 (h) Legal representation. The Attorney General shall
27 provide legal representation to any representative of the
28 Office against whom suit or other legal action is brought in
29 connection with the performance of the representative's
30 official duties, in accordance with the State Employee
31 Indemnification Act "An Act to provide for representation and
32 indemnification in certain civil law suits", approved
33 December 3, 1977, as now or hereafter amended.
34 (i) Treatment by prayer and spiritual means. Nothing in
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1 this Act shall be construed to authorize or require the
2 medical supervision, regulation, or control of remedial care
3 or treatment of any resident in a long term care facility
4 operated exclusively by and for members or adherents of any
5 church or religious denomination the tenets and practices of
6 which include reliance solely upon spiritual means through
7 prayer for healing.
8 (Source: P.A. 90-639, eff. 1-1-99.)
9 Section 191. The Illinois Health Facilities Planning Act
10 is amended by changing Section 3 as follows:
11 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
12 Sec. 3. As used in this Act:
13 "Health care facilities" means and includes the following
14 facilities and organizations:
15 1. An ambulatory surgical treatment center required
16 to be licensed pursuant to the Ambulatory Surgical
17 Treatment Center Act;
18 2. An institution, place, building, or agency
19 required to be licensed pursuant to the Hospital
20 Licensing Act;
21 3. Skilled and intermediate long term care
22 facilities Any institution required to be licensed under
23 pursuant to the Nursing Home Care Act;
24 4. Hospitals, nursing homes, ambulatory surgical
25 treatment centers, or kidney disease treatment centers
26 maintained by the State or any department or agency
27 thereof; and
28 5. Kidney disease treatment centers, including a
29 free-standing hemodialysis unit.
30 No federally owned facility shall be subject to the
31 provisions of this Act, nor facilities used solely for
32 healing by prayer or spiritual means.
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1 No facility licensed under the Supportive Residences
2 Licensing Act or the Assisted Living and Shared Housing Act
3 shall be subject to the provisions of this Act.
4 A facility designated as a supportive living facility
5 that is in good standing with the demonstration project
6 established under Section 5-5.01a of the Illinois Public Aid
7 Code shall not be subject to the provisions of this Act.
8 This Act does not apply to facilities granted waivers
9 under Section 3-102.2 of the Nursing Home Care Act. However,
10 if a demonstration project under that Act applies for a
11 certificate of need to convert to a nursing facility, it
12 shall meet the licensure and certificate of need requirements
13 in effect as of the date of application.
14 With the exception of those health care facilities
15 specifically included in this Section, nothing in this Act
16 shall be intended to include facilities operated as a part of
17 the practice of a physician or other licensed health care
18 professional, whether practicing in his individual capacity
19 or within the legal structure of any partnership, medical or
20 professional corporation, or unincorporated medical or
21 professional group. Further, this Act shall not apply to
22 physicians or other licensed health care professional's
23 practices where such practices are carried out in a portion
24 of a health care facility under contract with such health
25 care facility by a physician or by other licensed health care
26 professionals, whether practicing in his individual capacity
27 or within the legal structure of any partnership, medical or
28 professional corporation, or unincorporated medical or
29 professional groups. This Act shall apply to construction or
30 modification and to establishment by such health care
31 facility of such contracted portion which is subject to
32 facility licensing requirements, irrespective of the party
33 responsible for such action or attendant financial
34 obligation.
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1 "Person" means any one or more natural persons, legal
2 entities, governmental bodies other than federal, or any
3 combination thereof.
4 "Consumer" means any person other than a person (a) whose
5 major occupation currently involves or whose official
6 capacity within the last 12 months has involved the
7 providing, administering or financing of any type of health
8 care facility, (b) who is engaged in health research or the
9 teaching of health, (c) who has a material financial interest
10 in any activity which involves the providing, administering
11 or financing of any type of health care facility, or (d) who
12 is or ever has been a member of the immediate family of the
13 person defined by (a), (b), or (c).
14 "State Board" means the Health Facilities Planning Board.
15 "Construction or modification" means the establishment,
16 erection, building, alteration, reconstruction,
17 modernization, improvement, extension, discontinuation,
18 change of ownership, of or by a health care facility, or the
19 purchase or acquisition by or through a health care facility
20 of equipment or service for diagnostic or therapeutic
21 purposes or for facility administration or operation, or any
22 capital expenditure made by or on behalf of a health care
23 facility which exceeds the capital expenditure minimum.
24 "Establish" means the construction of a health care
25 facility or the replacement of an existing facility on
26 another site.
27 "Major medical equipment" means medical equipment which
28 is used for the provision of medical and other health
29 services and which costs in excess of the capital expenditure
30 minimum, except that such term does not include medical
31 equipment acquired by or on behalf of a clinical laboratory
32 to provide clinical laboratory services if the clinical
33 laboratory is independent of a physician's office and a
34 hospital and it has been determined under Title XVIII of the
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1 Social Security Act to meet the requirements of paragraphs
2 (10) and (11) of Section 1861(s) of such Act. In determining
3 whether medical equipment has a value in excess of the
4 capital expenditure minimum, the value of studies, surveys,
5 designs, plans, working drawings, specifications, and other
6 activities essential to the acquisition of such equipment
7 shall be included.
8 "Capital Expenditure" means an expenditure: (A) made by
9 or on behalf of a health care facility (as such a facility is
10 defined in this Act); and (B) which under generally accepted
11 accounting principles is not properly chargeable as an
12 expense of operation and maintenance, or is made to obtain by
13 lease or comparable arrangement any facility or part thereof
14 or any equipment for a facility or part; and which exceeds
15 the capital expenditure minimum.
16 For the purpose of this paragraph, the cost of any
17 studies, surveys, designs, plans, working drawings,
18 specifications, and other activities essential to the
19 acquisition, improvement, expansion, or replacement of any
20 plant or equipment with respect to which an expenditure is
21 made shall be included in determining if such expenditure
22 exceeds the capital expenditures minimum. Donations of
23 equipment or facilities to a health care facility which if
24 acquired directly by such facility would be subject to review
25 under this Act shall be considered capital expenditures, and
26 a transfer of equipment or facilities for less than fair
27 market value shall be considered a capital expenditure for
28 purposes of this Act if a transfer of the equipment or
29 facilities at fair market value would be subject to review.
30 "Capital expenditure minimum" means $1,000,000 for major
31 medical equipment and $2,000,000 for all other capital
32 expenditures, both of which shall be annually adjusted to
33 reflect the increase in construction costs due to inflation.
34 "Areawide" means a major area of the State delineated on
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1 a geographic, demographic, and functional basis for health
2 planning and for health service and having within it one or
3 more local areas for health planning and health service. The
4 term "region", as contrasted with the term "subregion", and
5 the word "area" may be used synonymously with the term
6 "areawide".
7 "Local" means a subarea of a delineated major area that
8 on a geographic, demographic, and functional basis may be
9 considered to be part of such major area. The term
10 "subregion" may be used synonymously with the term "local".
11 "Areawide health planning organization" or "Comprehensive
12 health planning organization" means the health systems agency
13 designated by the Secretary, Department of Health and Human
14 Services or any successor agency.
15 "Local health planning organization" means those local
16 health planning organizations that are designated as such by
17 the areawide health planning organization of the appropriate
18 area.
19 "Physician" means a person licensed to practice in
20 accordance with the Medical Practice Act of 1987, as amended.
21 "Licensed health care professional" means a person
22 licensed to practice a health profession under pertinent
23 licensing statutes of the State of Illinois.
24 "Director" means the Director of the Illinois Department
25 of Public Health.
26 "Agency" means the Illinois Department of Public Health.
27 "Comprehensive health planning" means health planning
28 concerned with the total population and all health and
29 associated problems that affect the well-being of people and
30 that encompasses health services, health manpower, and health
31 facilities; and the coordination among these and with those
32 social, economic, and environmental factors that affect
33 health.
34 "Alternative health care model" means a facility or
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1 program authorized under the Alternative Health Care Delivery
2 Act.
3 (Source: P.A. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96;
4 90-14, eff. 7-1-97.)
5 Section 192. The State Finance Act is amended by adding
6 Section 5.490 as follows:
7 (30 ILCS 105/5.490 new)
8 Sec. 5.490. The Assisted Living and Shared Housing
9 Regulatory Fund.
10 Section 193. The Alzheimer's Special Care Disclosure Act
11 is amended by changing Section 10 as follows:
12 (210 ILCS 4/10)
13 Sec. 10. Facility defined. As used in this Act,
14 "facility" means a facility licensed or permitted under the
15 Nursing Home Care Act, the Life Care Facility Act, the
16 Assisted Living and Shared Housing Act, or the Community
17 Living Facilities Licensing Act.
18 (Source: P.A. 90-341, eff. 1-1-98.)
19 Section 194. The Abused and Neglected Long Term Care
20 Facility Residents Reporting Act is amended by changing
21 Section 4 as follows:
22 (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
23 Sec. 4. Any long term care facility administrator, agent
24 or employee or any physician, hospital, surgeon, dentist,
25 osteopath, chiropractor, podiatrist, Christian Science
26 practitioner, coroner, social worker, social services
27 administrator, registered nurse, law enforcement officer,
28 field personnel of the Illinois Department of Public Aid,
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1 field personnel of the Illinois Department of Public Health
2 and County or Municipal Health Departments, personnel of the
3 Department of Human Services (acting as the successor to the
4 Department of Mental Health and Developmental Disabilities or
5 the Department of Public Aid), personnel of the Guardianship
6 and Advocacy Commission, personnel of the State Fire Marshal,
7 local fire department inspectors or other personnel, or
8 personnel of the Illinois Department on Aging, or its
9 subsidiary Agencies on Aging, or employee of a facility
10 licensed under the Assisted Living and Shared Housing Act,
11 having reasonable cause to believe any resident with whom
12 they have direct contact has been subjected to abuse or
13 neglect shall immediately report or cause a report to be made
14 to the Department. Persons required to make reports or cause
15 reports to be made under this Section include all employees
16 of the State of Illinois who are involved in providing
17 services to residents, including professionals providing
18 medical or rehabilitation services and all other persons
19 having direct contact with residents; and further include all
20 employees of community service agencies who provide services
21 to a resident of a public or private long term care facility
22 outside of that facility. Any long term care surveyor of the
23 Illinois Department of Public Health who has reasonable cause
24 to believe in the course of a survey that a resident has been
25 abused or neglected and initiates an investigation while on
26 site at the facility shall be exempt from making a report
27 under this Section but the results of any such investigation
28 shall be forwarded to the central register in a manner and
29 form described by the Department.
30 The requirement of this Act shall not relieve any long
31 term care facility administrator, agent or employee of
32 responsibility to report the abuse or neglect of a resident
33 under Section 3-610 of the Nursing Home Care Act.
34 In addition to the above persons required to report
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1 suspected resident abuse and neglect, any other person may
2 make a report to the Department, or to any law enforcement
3 officer, if such person has reasonable cause to suspect a
4 resident has been abused or neglected.
5 This Section also applies to residents whose death occurs
6 from suspected abuse or neglect before being found or brought
7 to a hospital.
8 A person required to make reports or cause reports to be
9 made under this Section who fails to comply with the
10 requirements of this Section is guilty of a Class A
11 misdemeanor.
12 (Source: P.A. 89-507, eff. 7-1-97.)
13 Section 195. The Nursing Home Care Act is amended by
14 changing Section 1-113 as follows:
15 (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
16 Sec. 1-113. "Facility" or "long-term care facility"
17 means a private home, institution, building, residence, or
18 any other place, whether operated for profit or not, or a
19 county home for the infirm and chronically ill operated
20 pursuant to Division 5-21 or 5-22 of the Counties Code, or
21 any similar institution operated by a political subdivision
22 of the State of Illinois, which provides, through its
23 ownership or management, personal care, sheltered care or
24 nursing for 3 or more persons, not related to the applicant
25 or owner by blood or marriage. It includes skilled nursing
26 facilities and intermediate care facilities as those terms
27 are defined in Title XVIII and Title XIX of the Federal
28 Social Security Act. It also includes homes, institutions, or
29 other places operated by or under the authority of the
30 Illinois Department of Veterans' Affairs.
31 "Facility" does not include the following:
32 (1) A home, institution, or other place operated by the
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1 federal government or agency thereof, or by the State of
2 Illinois, other than homes, institutions, or other places
3 operated by or under the authority of the Illinois Department
4 of Veterans' Affairs;
5 (2) A hospital, sanitarium, or other institution whose
6 principal activity or business is the diagnosis, care, and
7 treatment of human illness through the maintenance and
8 operation as organized facilities therefor, which is required
9 to be licensed under the Hospital Licensing Act;
10 (3) Any "facility for child care" as defined in the
11 Child Care Act of 1969;
12 (4) Any "Community Living Facility" as defined in the
13 Community Living Facilities Licensing Act;
14 (5) Any "community residential alternative" as defined
15 in the Community Residential Alternatives Licensing Act;
16 (6) Any nursing home or sanatorium operated solely by
17 and for persons who rely exclusively upon treatment by
18 spiritual means through prayer, in accordance with the creed
19 or tenets of any well-recognized church or religious
20 denomination. However, such nursing home or sanatorium shall
21 comply with all local laws and rules relating to sanitation
22 and safety;
23 (7) Any facility licensed by the Department of Human
24 Services as a community-integrated living arrangement as
25 defined in the Community-Integrated Living Arrangements
26 Licensure and Certification Act;
27 (8) Any "Supportive Residence" licensed under the
28 Supportive Residences Licensing Act; or
29 (9) Any "supportive living facility" in good standing
30 with the demonstration project established under Section
31 5-5.01a of the Illinois Public Aid Code; or.
32 (10) Any assisted living or shared housing establishment
33 licensed under the Assisted Living and Shared Housing Act.
34 (Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
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1 90-14, eff. 7-1-97; 90-763, eff. 8-14-98.)
2 Section 196. The Health Care Worker Background Check Act
3 is amended by changing Section 15 as follows:
4 (225 ILCS 46/15)
5 Sec. 15. Definitions. For the purposes of this Act, the
6 following definitions apply:
7 "Applicant" means an individual seeking employment with a
8 health care employer who has received a bona fide conditional
9 offer of employment.
10 "Conditional offer of employment" means a bona fide offer
11 of employment by a health care employer to an applicant,
12 which is contingent upon the receipt of a report from the
13 Department of State Police indicating that the applicant does
14 not have a record of conviction of any of the criminal
15 offenses enumerated in Section 25.
16 "Direct care" means the provision of nursing care or
17 assistance with meals, dressing, movement, bathing, or other
18 personal needs or maintenance, or general supervision and
19 oversight of the physical and mental well-being of an
20 individual who is incapable of managing his or her person
21 whether or not a guardian has been appointed for that
22 individual.
23 "Health care employer" means:
24 (1) the owner or licensee of any of the following:
25 (i) a community living facility, as defined in the
26 Community Living Facilities Act;
27 (ii) a life care facility, as defined in the Life
28 Care Facilities Act;
29 (iii) a long-term care facility, as defined in the
30 Nursing Home Care Act;
31 (iv) a home health agency, as defined in the Home
32 Health Agency Licensing Act;
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1 (v) a full hospice, as defined in the Hospice
2 Program Licensing Act;
3 (vi) a hospital, as defined in the Hospital
4 Licensing Act;
5 (vii) a community residential alternative, as
6 defined in the Community Residential Alternatives
7 Licensing Act;
8 (viii) a nurse agency, as defined in the Nurse
9 Agency Licensing Act;
10 (ix) a respite care provider, as defined in the
11 Respite Program Act;
12 (x) an establishment licensed under the Assisted
13 Living and Shared Housing Act;
14 (xi) a supportive living program, as defined in the
15 Illinois Public Aid Code;
16 (2) a day training program certified by the Department
17 of Human Services; or
18 (3) a community integrated living arrangement operated
19 by a community mental health and developmental service
20 agency, as defined in the Community-Integrated Living
21 Arrangements Licensing and Certification Act.
22 "Initiate" means the obtaining of the authorization for a
23 record check from a student, applicant, or employee. The
24 educational entity or health care employer or its designee
25 shall transmit all necessary information and fees to the
26 Illinois State Police within 10 working days after receipt of
27 the authorization.
28 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
29 89-674, eff. 8-14-96; 90-14, eff. 7-1-97; 90-776, eff.
30 1-1-99.)
31 Section 197. The Criminal Code of 1961 is amended by
32 changing Section 12-19 as follows:
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1 (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
2 Sec. 12-19. Abuse and Gross Neglect of a Long Term Care
3 Facility Resident.
4 (a) Any person or any owner or licensee of a long term
5 care facility who abuses a long term care facility resident
6 is guilty of a Class 3 felony. Any person or any owner or
7 licensee of a long term care facility who grossly neglects a
8 long term care facility resident is guilty of a Class 4
9 felony. However, nothing herein shall be deemed to apply to
10 a physician licensed to practice medicine in all its branches
11 or a duly licensed nurse providing care within the scope of
12 his or her professional judgment and within the accepted
13 standards of care within the community.
14 (b) Notwithstanding the penalties in subsections (a) and
15 (c) and in addition thereto, if a licensee or owner of a long
16 term care facility or his or her employee has caused neglect
17 of a resident, the licensee or owner is guilty of a petty
18 offense. An owner or licensee is guilty under this
19 subsection (b) only if the owner or licensee failed to
20 exercise reasonable care in the hiring, training, supervising
21 or providing of staff or other related routine administrative
22 responsibilities.
23 (c) Notwithstanding the penalties in subsections (a) and
24 (b) and in addition thereto, if a licensee or owner of a long
25 term care facility or his or her employee has caused gross
26 neglect of a resident, the licensee or owner is guilty of a
27 business offense for which a fine of not more than $10,000
28 may be imposed. An owner or licensee is guilty under this
29 subsection (c) only if the owner or licensee failed to
30 exercise reasonable care in the hiring, training, supervising
31 or providing of staff or other related routine administrative
32 responsibilities.
33 (d) For the purpose of this Section:
34 (1) "Abuse" means intentionally or knowingly
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1 causing any physical or mental injury or committing any
2 sexual offense set forth in this Code.
3 (2) "Gross neglect" means recklessly failing to
4 provide adequate medical or personal care or maintenance,
5 which failure results in physical or mental injury or the
6 deterioration of a physical or mental condition.
7 (3) "Neglect" means negligently failing to provide
8 adequate medical or personal care or maintenance, which
9 failure results in physical or mental injury or the
10 deterioration of a physical or mental condition.
11 (4) "Resident" means a person residing in a long
12 term care facility.
13 (5) "Owner" means the person who owns a long term
14 care facility as provided under the Nursing Home Care Act
15 or an assisted living or shared housing establishment
16 under the Assisted Living and Shared Housing Act.
17 (6) "Licensee" means the individual or entity
18 licensed to operate a facility under the Nursing Home
19 Care Act or the Assisted Living and Shared Housing Act.
20 (7) "Facility" or "long term care facility" means a
21 private home, institution, building, residence, or any
22 other place, whether operated for profit or not, or a
23 county home for the infirm and chronically ill operated
24 pursuant to Division 5-21 or 5-22 of the Counties Code,
25 or any similar institution operated by the State of
26 Illinois or a political subdivision thereof, which
27 provides, through its ownership or management, personal
28 care, sheltered care or nursing for 3 or more persons not
29 related to the owner by blood or marriage. The term also
30 includes skilled nursing facilities and intermediate care
31 facilities as defined in Title XVIII and Title XIX of the
32 federal Social Security Act and assisted living
33 establishments and shared housing establishments licensed
34 under the Assisted Living and Shared Housing Act.
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1 (e) Nothing contained in this Section shall be deemed to
2 apply to the medical supervision, regulation or control of
3 the remedial care or treatment of residents in a facility
4 conducted for those who rely upon treatment by prayer or
5 spiritual means in accordance with the creed or tenets of any
6 well recognized church or religious denomination and which is
7 licensed in accordance with Section 3-803 of the Nursing Home
8 Care Act.
9 (Source: P.A. 86-820; 86-1475.)
10 Section 199. Effective date. This Section, Section 10,
11 Section 105, and Section 120 of this Act take effect upon
12 becoming law; the remaining Sections of this Act take effect
13 January 1, 2001.
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1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 105/4.04 from Ch. 23, par. 6104.04
4 20 ILCS 3960/3 from Ch. 111 1/2, par. 1153
5 30 ILCS 105/5.490 new
6 210 ILCS 4/10
7 210 ILCS 30/4 from Ch. 111 1/2, par. 4164
8 210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113
9 225 ILCS 46/15
10 720 ILCS 5/12-19 from Ch. 38, par. 12-19