Public Act 098-0104
 
SB0026 EnrolledLRB098 05310 KTG 35344 b

    AN ACT concerning public aid.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
ARTICLE 1.
SHORT TITLE, PRIOR LAW, AND DEFINITIONS

 
    Section 1-101. Short title. This Act may be cited as the
Specialized Mental Health Rehabilitation Act of 2013.
 
    Section 1-101.3. Legislative findings. Illinois is
committed to providing behavioral health services in the most
community-integrated settings possible, based on the needs of
consumers who qualify for State support. This goal is
consistent with federal law and regulations and recent court
decrees. A variety of services and settings are necessary to
ensure that people with serious mental illness receive high
quality care that is oriented toward their safety,
rehabilitation, and recovery.
    The State of Illinois has an inordinately high inpatient
hospitalization rate for behavioral health services. This is
not productive for those needing behavioral health services. It
is also the least cost effective form of behavioral health
delivery possible. The General Assembly finds that
alternatives to inpatient hospitalization for behavioral
health are necessary to both improve outcomes and reduce costs.
    Residential settings are an important component of the
system of behavioral health care that Illinois is developing.
When residential treatment is necessary, these facilities must
offer high quality rehabilitation and recovery care, help
consumers achieve and maintain their highest level of
independent functioning, and prepare them to live in permanent
supportive housing and other community-integrated settings.
Facilities licensed under this Act will be multi-faceted
facilities that provide triage and crisis stabilization to
inpatient hospitalization, provide stabilization for those in
post crisis stabilization, and provide transitional living
assistance to prepare those with serious mental illness to
reintegrate successfully into community living settings. Those
licensed under this Act will provide care under a coordinated
care model and seek appropriate national accreditation and
provide productive and measurable outcomes.
 
    Section 1-101.5. Prior law.
    (a) This Act provides for licensure of long term care
facilities that are federally designated as institutions for
the mentally diseased on the effective date of this Act and
specialize in providing services to individuals with a serious
mental illness. On and after the effective date of this Act,
these facilities shall be governed by this Act instead of the
Nursing Home Care Act.
    (b) All consent decrees that apply to facilities federally
designated as institutions for the mentally diseased shall
continue to apply to facilities licensed under this Act.
 
    Section 1-101.6. Mental health system planning. The
General Assembly finds the services contained in this Act are
necessary for the effective delivery of mental health services
for the citizens of the State of Illinois. The General Assembly
also finds that the mental health system in the State requires
further review to develop additional needed services. To ensure
the adequacy of community-based services and to offer choice to
all individuals with serious mental illness who choose to live
in the community, and for whom the community is the appropriate
setting, but are at risk of institutional care, the Governor
shall convene a working group to develop the process and
procedure for identifying needed services in the different
geographic regions of the State. The Governor shall include the
Division of Mental Health of the Department of Human Services,
the Department of Healthcare and Family Services, the
Department of Public Health, community mental health
providers, statewide associations of mental health providers,
mental health advocacy groups, and any other entity as deemed
appropriate for participation in the working group. The
Department of Human Services shall provide staff and support to
this working group.
 
    Section 1-102. Definitions. For the purposes of this Act,
unless the context otherwise requires:
    "Abuse" means any physical or mental injury or sexual
assault inflicted on a consumer other than by accidental means
in a facility.
    "Accreditation" means any of the following:
        (1) the Joint Commission;
        (2) the Commission on Accreditation of Rehabilitation
    Facilities;
        (3) the Healthcare Facilities Accreditation Program;
    or
        (4) any other national standards of care as approved by
    the Department.
    "Applicant" means any person making application for a
license or a provisional license under this Act.
    "Consumer" means a person, 18 years of age or older,
admitted to a mental health rehabilitation facility for
evaluation, observation, diagnosis, treatment, stabilization,
recovery, and rehabilitation.
    "Consumer" does not mean any of the following:
        (i) an individual requiring a locked setting;
        (ii) an individual requiring psychiatric
    hospitalization because of an acute psychiatric crisis;
        (iii) an individual under 18 years of age;
        (iv) an individual who is actively suicidal or violent
    toward others;
        (v) an individual who has been found unfit to stand
    trial;
        (vi) an individual who has been found not guilty by
    reason of insanity based on committing a violent act, such
    as sexual assault, assault with a deadly weapon, arson, or
    murder;
        (vii) an individual subject to temporary detention and
    examination under Section 3-607 of the Mental Health and
    Developmental Disabilities Code;
        (viii) an individual deemed clinically appropriate for
    inpatient admission in a State psychiatric hospital; and
        (ix) an individual transferred by the Department of
    Corrections pursuant to Section 3-8-5 of the Unified Code
    of Corrections.
    "Consumer record" means a record that organizes all
information on the care, treatment, and rehabilitation
services rendered to a consumer in a specialized mental health
rehabilitation facility.
    "Controlled drugs" means those drugs covered under the
federal Comprehensive Drug Abuse Prevention Control Act of
1970, as amended, or the Illinois Controlled Substances Act.
    "Department" means the Department of Public Health.
    "Discharge" means the full release of any consumer from a
facility.
    "Drug administration" means the act in which a single dose
of a prescribed drug or biological is given to a consumer. The
complete act of administration entails removing an individual
dose from a container, verifying the dose with the prescriber's
orders, giving the individual dose to the consumer, and
promptly recording the time and dose given.
    "Drug dispensing" means the act entailing the following of
a prescription order for a drug or biological and proper
selection, measuring, packaging, labeling, and issuance of the
drug or biological to a consumer.
    "Emergency" means a situation, physical condition, or one
or more practices, methods, or operations which present
imminent danger of death or serious physical or mental harm to
consumers of a facility.
    "Facility" means a specialized mental health
rehabilitation facility that provides at least one of the
following services: (1) triage center; (2) crisis
stabilization; (3) recovery and rehabilitation supports; or
(4) transitional living units for 3 or more persons. The
facility shall provide a 24-hour program that provides
intensive support and recovery services designed to assist
persons, 18 years or older, with mental disorders to develop
the skills to become self-sufficient and capable of increasing
levels of independent functioning. It includes facilities that
meet the following criteria:
        (1) 100% of the consumer population of the facility has
    a diagnosis of serious mental illness;
        (2) no more than 15% of the consumer population of the
    facility is 65 years of age or older;
        (3) none of the consumers are non-ambulatory;
        (4) none of the consumers have a primary diagnosis of
    moderate, severe, or profound intellectual disability; and
        (5) the facility must have been licensed under the
    Specialized Mental Health Rehabilitation Act or the
    Nursing Home Care Act immediately preceding the effective
    date of this Act and qualifies as a institute for mental
    disease under the federal definition of the term.
    "Facility" does not include the following:
        (1) a home, institution, or place operated by the
    federal government or agency thereof, or by the State of
    Illinois;
        (2) a hospital, sanitarium, or other institution whose
    principal activity or business is the diagnosis, care, and
    treatment of human illness through the maintenance and
    operation as organized facilities therefor which is
    required to be licensed under the Hospital Licensing Act;
        (3) a facility for child care as defined in the Child
    Care Act of 1969;
        (4) a community living facility as defined in the
    Community Living Facilities Licensing Act;
        (5) a nursing home or sanatorium operated solely by and
    for persons who rely exclusively upon treatment by
    spiritual means through prayer, in accordance with the
    creed or tenets of any well-recognized church or religious
    denomination; however, such nursing home or sanatorium
    shall comply with all local laws and rules relating to
    sanitation and safety;
        (6) a facility licensed by the Department of Human
    Services as a community-integrated living arrangement as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act;
        (7) a supportive residence licensed under the
    Supportive Residences Licensing Act;
        (8) a supportive living facility in good standing with
    the program established under Section 5-5.01a of the
    Illinois Public Aid Code, except only for purposes of the
    employment of persons in accordance with Section 3-206.01
    of the Nursing Home Care Act;
        (9) an assisted living or shared housing establishment
    licensed under the Assisted Living and Shared Housing Act,
    except only for purposes of the employment of persons in
    accordance with Section 3-206.01 of the Nursing Home Care
    Act;
        (10) an Alzheimer's disease management center
    alternative health care model licensed under the
    Alternative Health Care Delivery Act;
        (11) a home, institution, or other place operated by or
    under the authority of the Illinois Department of Veterans'
    Affairs;
        (12) a facility licensed under the ID/DD Community Care
    Act; or
        (13) a facility licensed under the Nursing Home Care
    Act after the effective date of this Act.
    "Executive director" means a person who is charged with the
general administration and supervision of a facility licensed
under this Act.
    "Guardian" means a person appointed as a guardian of the
person or guardian of the estate, or both, of a consumer under
the Probate Act of 1975.
    "Identified offender" means a person who meets any of the
following criteria:
        (1) Has been convicted of, found guilty of, adjudicated
    delinquent for, found not guilty by reason of insanity for,
    or found unfit to stand trial for, any felony offense
    listed in Section 25 of the Health Care Worker Background
    Check Act, except for the following:
            (i) a felony offense described in Section 10-5 of
        the Nurse Practice Act;
            (ii) a felony offense described in Section 4, 5, 6,
        8, or 17.02 of the Illinois Credit Card and Debit Card
        Act;
            (iii) a felony offense described in Section 5, 5.1,
        5.2, 7, or 9 of the Cannabis Control Act;
            (iv) a felony offense described in Section 401,
        401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
        Controlled Substances Act; and
            (v) a felony offense described in the
        Methamphetamine Control and Community Protection Act.
        (2) Has been convicted of, adjudicated delinquent for,
    found not guilty by reason of insanity for, or found unfit
    to stand trial for, any sex offense as defined in
    subsection (c) of Section 10 of the Sex Offender Management
    Board Act.
    "Transitional living units" are residential units within a
facility that have the purpose of assisting the consumer in
developing and reinforcing the necessary skills to live
independently outside of the facility. The duration of stay in
such a setting shall not exceed 120 days for each consumer.
Nothing in this definition shall be construed to be a
prerequisite for transitioning out of a facility.
    "Licensee" means the person, persons, firm, partnership,
association, organization, company, corporation, or business
trust to which a license has been issued.
    "Misappropriation of a consumer's property" means the
deliberate misplacement, exploitation, or wrongful temporary
or permanent use of a consumer's belongings or money without
the consent of a consumer or his or her guardian.
    "Neglect" means a facility's failure to provide, or willful
withholding of, adequate medical care, mental health
treatment, psychiatric rehabilitation, personal care, or
assistance that is necessary to avoid physical harm and mental
anguish of a consumer.
    "Personal care" means assistance with meals, dressing,
movement, bathing, or other personal needs, maintenance, or
general supervision and oversight of the physical and mental
well-being of an individual who is incapable of maintaining a
private, independent residence or who is incapable of managing
his or her person, whether or not a guardian has been appointed
for such individual. "Personal care" shall not be construed to
confine or otherwise constrain a facility's pursuit to develop
the skills and abilities of a consumer to become
self-sufficient and capable of increasing levels of
independent functioning.
    "Recovery and rehabilitation supports" means a program
that facilitates a consumer's longer-term symptom management
and stabilization while preparing the consumer for
transitional living units by improving living skills and
community socialization. The duration of stay in such a setting
shall be established by the Department by rule.
    "Restraint" means:
        (i) a physical restraint that is any manual method or
    physical or mechanical device, material, or equipment
    attached or adjacent to a consumer's body that the consumer
    cannot remove easily and restricts freedom of movement or
    normal access to one's body; devices used for positioning,
    including, but not limited to, bed rails, gait belts, and
    cushions, shall not be considered to be restraints for
    purposes of this Section; or
        (ii) a chemical restraint that is any drug used for
    discipline or convenience and not required to treat medical
    symptoms; the Department shall, by rule, designate certain
    devices as restraints, including at least all those devices
    that have been determined to be restraints by the United
    States Department of Health and Human Services in
    interpretive guidelines issued for the purposes of
    administering Titles XVIII and XIX of the federal Social
    Security Act. For the purposes of this Act, restraint shall
    be administered only after utilizing a coercive free
    environment and culture.
    "Self-administration of medication" means consumers shall
be responsible for the control, management, and use of their
own medication.
    "Crisis stabilization" means a secure and separate unit
that provides short-term behavioral, emotional, or psychiatric
crisis stabilization as an alternative to hospitalization or
re-hospitalization for consumers from residential or community
placement. The duration of stay in such a setting shall not
exceed 21 days for each consumer.
    "Therapeutic separation" means the removal of a consumer
from the milieu to a room or area which is designed to aid in
the emotional or psychiatric stabilization of that consumer.
    "Triage center" means a non-residential 23-hour center
that serves as an alternative to emergency room care,
hospitalization, or re-hospitalization for consumers in need
of short-term crisis stabilization.
 
ARTICLE 2.
GENERAL PROVISIONS

 
    Section 2-100. Rulemaking. The Department is empowered to
promulgate any rules necessary to ensure proper implementation
and administration of this Act.
 
    Section 2-101. Standards for facilities. The Department
shall, by rule, prescribe minimum standards for each level of
care for facilities to be in place during the provisional
licensure period and thereafter. These standards shall
include, but are not limited to, the following:
        (1) life safety standards that will ensure the health,
    safety and welfare of residents and their protection from
    hazards;
        (2) number and qualifications of all personnel,
    including management and clinical personnel, having
    responsibility for any part of the care given to consumers;
    specifically, the Department shall establish staffing
    ratios for facilities which shall specify the number of
    staff hours per consumer of care that are needed for each
    level of care offered within the facility;
        (3) all sanitary conditions within the facility and its
    surroundings, including water supply, sewage disposal,
    food handling, and general hygiene which shall ensure the
    health and comfort of consumers;
        (4) a program for adequate maintenance of physical
    plant and equipment;
        (5) adequate accommodations, staff, and services for
    the number and types of services being offered to consumers
    for whom the facility is licensed to care;
        (6) development of evacuation and other appropriate
    safety plans for use during weather, health, fire, physical
    plant, environmental, and national defense emergencies;
        (7) maintenance of minimum financial or other
    resources necessary to meet the standards established
    under this Section, and to operate and conduct the facility
    in accordance with this Act; and
        (8) standards for coercive free environment,
    restraint, and therapeutic separation.
 
    Section 2-102. Staffing ratios. The Department shall
establish rules governing the minimum staffing levels and
staffing qualifications for facilities. In crafting the
staffing ratios, the Department shall take into account the
ambulatory nature and mental health of the population served in
the facilities. Staffing ratios shall be consistent with
national accreditation standards in behavioral health from a
recognized national accreditation entity as set forth in the
definition of "accreditation" in Section 2-102. The rules shall
be created for each type of care offered at the facilities and
be crafted to address the different type of services offered.
The staffing ratios contained in the rules shall specifically
list the positions that are to be counted toward the staffing
ratio. In no case shall the staffing ratios contained in rule
be less than the following ratios:
        (1) a staffing ratio of 3.6 hours of direct care for
    crisis stabilization;
        (2) a staffing ratio of 1.8 hours of direct care for
    recovery and rehabilitation supports; and
        (3) a staffing ratio of 1.6 hours of direct care for
    transitional living.
 
    Section 2-103. Staff training. Training for all new
employees specific to the various levels of care offered by a
facility shall be provided to employees during their
orientation period and annually thereafter. Training shall be
independent of the Department and overseen by the Division of
Mental Health to determine the content of all facility employee
training and to provide training for all trainers of facility
employees. Training of employees shall be consistent with
nationally recognized national accreditation standards as
defined later in this Act. Training shall be required for all
existing staff at a facility prior to the implementation of any
new services authorized under this Act.
 
    Section 2-104. Screening prior to admission.
    (a) A facility shall, within 24 hours after admission,
request a criminal history background check pursuant to the
Uniform Conviction Information Act for all persons age 18 or
older seeking admission to the facility, unless a background
check was initiated by a hospital pursuant to subsection (d) of
Section 6.09 of the Hospital Licensing Act. Background checks
conducted pursuant to this Section shall be based on the
consumer's name, date of birth, and other identifiers as
required by the Department of State Police. If the results of
the background check are inconclusive, the facility shall
initiate a fingerprint-based check, unless the fingerprint
check is waived by the Director of Public Health based on
verification by the facility that the consumer meets criteria
related to the consumer's health or lack of potential risk
which may be established by Departmental rule. A waiver issued
pursuant to this Section shall be valid only while the consumer
is immobile or while the criteria supporting the waiver exist.
The facility shall provide for or arrange for any required
fingerprint-based checks to be taken on the premises of the
facility. If a fingerprint-based check is required, the
facility shall arrange for it to be conducted in a manner that
is respectful of the consumer's dignity and that minimizes any
emotional or physical hardship to the consumer.
    (b) If the results of a consumer's criminal history
background check reveal that the consumer is an identified
offender as defined in this Act, the facility shall do the
following:
        (1) Immediately notify the Department of State Police,
    in the form and manner required by the Department of State
    Police, in collaboration with the Department of Public
    Health, that the consumer is an identified offender.
        (2) Within 72 hours, arrange for a fingerprint-based
    criminal history record inquiry to be requested on the
    identified offender consumer. The inquiry shall be based on
    the subject's name, sex, race, date of birth, fingerprint
    images, and other identifiers required by the Department of
    State Police. The inquiry shall be processed through the
    files of the Department of State Police and the Federal
    Bureau of Investigation to locate any criminal history
    record information that may exist regarding the subject.
    The Federal Bureau of Investigation shall furnish to the
    Department of State Police, pursuant to an inquiry under
    this paragraph (2), any criminal history record
    information contained in its files.
 
    Section 2-105. Criminal History Report.
    (a) The Department of State Police shall prepare a Criminal
History Report when it receives information, through the
criminal history background check required pursuant to
subsection (d) of Section 6.09 of the Hospital Licensing Act or
subsection (c) of Section 2-201.5 of the Nursing Home Care Act,
or through any other means, that a consumer of a facility is an
identified offender.
    (b) The Department of State Police shall complete the
Criminal History Report within 10 business days after receiving
information under subsection (a) that a consumer is an
identified offender.
    (c) The Criminal History Report shall include, but not be
limited to, the following:
        (1) Copies of the identified offender's parole,
    mandatory supervised release, or probation orders.
        (2) An interview with the identified offender.
        (3) A detailed summary of the entire criminal history
    of the offender, including arrests, convictions, and the
    date of the identified offender's last conviction relative
    to the date of admission to a long-term care facility.
        (4) If the identified offender is a convicted or
    registered sex offender, a review of any and all sex
    offender evaluations conducted on that offender. If there
    is no sex offender evaluation available, the Department of
    State Police shall arrange, through the Department of
    Public Health, for a sex offender evaluation to be
    conducted on the identified offender. If the convicted or
    registered sex offender is under supervision by the
    Illinois Department of Corrections or a county probation
    department, the sex offender evaluation shall be arranged
    by and at the expense of the supervising agency. All
    evaluations conducted on convicted or registered sex
    offenders under this Act shall be conducted by sex offender
    evaluators approved by the Sex Offender Management Board.
    (d) The Department of State Police shall provide the
Criminal History Report to a licensed forensic psychologist.
After (i) consideration of the Criminal History Report, (ii)
consultation with the facility administrator or the facility
medical director, or both, regarding the mental and physical
condition of the identified offender, and (iii) reviewing the
facility's file on the identified offender, including all
incident reports, all information regarding medication and
medication compliance, and all information regarding previous
discharges or transfers from other facilities, the licensed
forensic psychologist shall prepare an Identified Offender
Report and Recommendation. The Identified Offender Report and
Recommendation shall detail whether and to what extent the
identified offender's criminal history necessitates the
implementation of security measures within the long-term care
facility. If the identified offender is a convicted or
registered sex offender or if the Identified Offender Report
and Recommendation reveals that the identified offender poses a
significant risk of harm to others within the facility, the
offender shall be required to have his or her own room within
the facility.
    (e) The licensed forensic psychologist shall complete the
Identified Offender Report and Recommendation within 14
business days after receiving the Criminal History Report and
shall promptly provide the Identified Offender Report and
Recommendation to the Department of State Police, which shall
provide the Identified Offender Report and Recommendation to
the following:
        (1) The facility within which the identified offender
    resides.
        (2) The Chief of Police of the municipality in which
    the facility is located.
        (3) The State of Illinois Long Term Care Ombudsman.
        (4) The Department of Public Health.
    (e-5) The Department of Public Health shall keep a
continuing record of all consumers determined to be identified
offenders as defined in Section 1-114.01 of the Nursing Home
Care Act and shall report the number of identified offender
consumers annually to the General Assembly.
    (f) The facility shall incorporate the Identified Offender
Report and Recommendation into the identified offender's care
plan created pursuant to 42 CFR 483.20.
    (g) If, based on the Identified Offender Report and
Recommendation, a facility determines that it cannot manage the
identified offender consumer safely within the facility, it
shall commence involuntary transfer or discharge proceedings
pursuant to Section 3-402.
    (h) Except for willful and wanton misconduct, any person
authorized to participate in the development of a Criminal
History Report or Identified Offender Report and
Recommendation is immune from criminal or civil liability for
any acts or omissions as the result of his or her good faith
effort to comply with this Section.
 
ARTICLE 3.
RIGHTS AND RESPONSIBILITIES

 
PART 1.
CONSUMER RIGHTS

 
    Section 3-101. Consumers' rights. Consumers served by a
facility under this Act shall have all the rights guaranteed
pursuant to Chapter II, Article I of the Mental Health and
Developmental Disabilities Code, a list of which shall be
prominently posted in English and any other language
representing at least 5% of the county population in which the
specialized mental health rehabilitation facility is located.
 
    Section 3-102. Financial affairs. A consumer shall be
permitted to manage his or her own financial affairs unless he
or she or his or her guardian authorizes the executive director
of the facility in writing to manage the consumer's financial
affairs.
 
    Section 3-103. Consumers' moneys and possessions. To the
extent possible, each consumer shall be responsible for his or
her own moneys and personal property or possessions in his or
her own immediate living quarters unless deemed inappropriate
by a physician or other facility clinician and so documented in
the consumer's record. In the event the moneys or possessions
of a consumer come under the supervision of the facility,
either voluntarily on the part of the consumer or so ordered by
a facility physician or other clinician, each facility to whom
a consumer's moneys or possessions have been entrusted shall
comply with the following:
        (1) no facility shall commingle consumers' moneys or
    possessions with those of the facility; consumers' moneys
    and possessions shall be maintained separately, intact,
    and free from any liability that the facility incurs in the
    use of the facility's funds;
        (2) the facility shall provide reasonably adequate
    space for the possessions of the consumer; the facility
    shall provide a means of safeguarding small items of value
    for its consumers in their rooms or in any other part of
    the facility so long as the consumers have reasonable and
    adequate access to such possessions; and
        (3) the facility shall make reasonable efforts to
    prevent loss and theft of consumers' possessions; those
    efforts shall be appropriate to the particular facility and
    particular living setting within each facility and may
    include staff training and monitoring, labeling
    possessions, and frequent possession inventories; the
    facility shall develop procedures for investigating
    complaints concerning theft of consumers' possessions and
    shall promptly investigate all such complaints.
 
    Section 3-104. Care, treatment, and records. Facilities
shall provide, at a minimum, the following services: physician,
nursing, pharmaceutical, rehabilitative, and dietary services.
To provide these services, the facility shall adhere to the
following:
        (1) Each consumer shall be encouraged and assisted to
    achieve and maintain the highest level of self-care and
    independence. Every effort shall be made to keep consumers
    active and out of bed for reasonable periods of time,
    except when contraindicated by physician orders.
        (2) Every consumer shall be engaged in a
    person-centered planning process regarding his or her
    total care and treatment.
        (3) All medical treatment and procedures shall be
    administered as ordered by a physician. All new physician
    orders shall be reviewed by the facility's director of
    nursing or charge nurse designee within 24 hours after such
    orders have been issued to ensure facility compliance with
    such orders. According to rules adopted by the Department,
    every woman consumer of child bearing age shall receive
    routine obstetrical and gynecological evaluations as well
    as necessary prenatal care.
        (4) Each consumer shall be provided with good nutrition
    and with necessary fluids for hydration.
        (5) Each consumer shall be provided visual privacy
    during treatment and personal care.
        (6) Every consumer or consumer's guardian shall be
    permitted to inspect and copy all his or her clinical and
    other records concerning his or her care kept by the
    facility or by his or her physician. The facility may
    charge a reasonable fee for duplication of a record.
 
    Section 3-105. Supplemental Security Income. The
Department of Healthcare and Family Services shall explore
potential avenues to enable consumers to continue to receive
and possess a portion of, or their full, Supplemental Security
Income benefit while receiving services at a facility. The
Department of Healthcare and Family Services shall investigate
strategies that are most beneficial to the consumer and cost
effective for the State. The Department of Healthcare and
Family Services may implement a strategy to enable a consumer
to receive and possess a portion of, or his or her full,
Supplemental Security Income in administrative rule. This
Section is subject to the appropriation of the General
Assembly.
 
    Section 3-106. Pharmaceutical treatment.
    (a) A consumer shall not be given unnecessary drugs. An
unnecessary drug is any drug used in an excessive dose,
including in duplicative therapy; for excessive duration;
without adequate monitoring; without adequate indications for
its use; or in the presence of adverse consequences that
indicate the drug should be reduced or discontinued. The
Department shall adopt, by rule, the standards for unnecessary
drugs.
    (b) Informed consent shall be required for the prescription
of psychotropic medication consistent with the requirements
contained in subsection (b) of Section 2-106.1 of the Nursing
Home Care Act.
    (c) No drug shall be administered except upon the order of
a person lawfully authorized to prescribe for and treat mental
illness.
    (d) All drug orders shall be written, dated, and signed by
the person authorized to give such an order. The name,
quantity, or specific duration of therapy, dosage, and time or
frequency of administration of the drug and the route of
administration if other than oral shall be specific.
    (e) Verbal orders for drugs and treatment shall be received
only by those authorized under Illinois law to do so from their
supervising physician. Such orders shall be recorded
immediately in the consumer's record by the person receiving
the order and shall include the date and time of the order.
 
    Section 3-107. Abuse or neglect; duty to report. A
licensee, executive director, employee, or agent of a facility
shall not abuse or neglect a consumer. It is the duty of any
facility employee or agent who becomes aware of such abuse or
neglect to report it to the Department within 24 hours.
Facilities shall comply with Sections 3-610 and 3-810 of the
Nursing Home Care Act. The provisions under Sections 3-610 and
3-810 of the Nursing Home Care Act shall apply to employees of
facilities licensed under this Act.
 
    Section 3-108. Communications; visits. Every consumer,
except those in triage centers, shall be permitted unimpeded,
private, and uncensored communication of his or her choice by
mail, telephone, Internet, or visitation.
    The executive director shall ensure that correspondence is
conveniently received and reasonably accessible.
    The executive director shall ensure that consumers may have
private visits at any reasonable hour unless such visits are
restricted due to the treatment plan of the consumer.
    The executive director shall ensure that space for visits
is available and that facility personnel reasonably announce
their intent to enter, except in an emergency, before entering
any consumer's room during such visits.
    Consumers shall be free to leave at any time. If a consumer
in a triage center expresses a desire to contact a third party
for any purpose, the facility staff shall contact that third
party on behalf of the consumer.
 
    Section 3-109. Religion. A consumer shall be permitted the
free exercise of religion. Upon a consumer's request, and if
necessary, at the consumer's expense, the executive director
may make arrangements for a consumer's attendance at religious
services of the consumer's choice. However, no religious
beliefs or practices or attendance at religious services may be
imposed upon any consumer.
 
    Section 3-110. Access to consumers.
    (a) Any employee or agent of a public agency, any
representative of a community legal services program, or any
other member of the general public shall be permitted access at
reasonable hours to any individual consumer of any facility,
unless the consumer is receiving care and treatment in triage
centers.
    (b) All persons entering a facility under this Section
shall promptly notify appropriate facility personnel of their
presence. They shall, upon request, produce identification to
establish their identity. No such person shall enter the
immediate living area of any consumer without first identifying
himself or herself and then receiving permission from the
consumer to enter. The rights of other consumers present in the
room shall be respected. A consumer may terminate at any time a
visit by a person having access to the consumer's living area
under this Section.
    (c) This Section shall not limit the power of the
Department or other public agency otherwise permitted or
required by law to enter and inspect a facility.
    (d) Notwithstanding subsection (a) of this Section, the
executive director of a facility may refuse access to the
facility to any person if the presence of that person in the
facility would be injurious to the health and safety of a
consumer or would threaten the security of the property of a
consumer or the facility, or if the person seeks access to the
facility for commercial purposes.
    (e) Nothing in this Section shall be construed to conflict
with, or infringe upon, any court orders or consent decrees
regarding access.
 
    Section 3-111. Discharge. A consumer may be discharged from
a facility after he or she gives the executive director, a
physician, or a nurse of the facility written notice of the
desire to be discharged. If a guardian has been appointed for a
consumer, the consumer shall be discharged upon written consent
of his or her guardian. In the event of a requested consumer
discharge, the facility is relieved from any responsibility for
the consumer's care, safety, and well-being upon the consumer's
discharge. The Department shall by rule establish criteria,
hearings, and procedures for involuntary discharge.
 
    Section 3-112. Grievances. A consumer shall be permitted to
present grievances on behalf of himself or herself or others to
the executive director, the consumers' advisory council, State
governmental agencies, or other persons without threat of
discharge or reprisal in any form or manner whatsoever. The
executive director shall provide all consumers or their
representatives with the name, address, and telephone number of
the appropriate State governmental office where complaints may
be lodged.
 
    Section 3-113. Labor. A consumer may refuse to perform
labor for a facility.
 
    Section 3-114. Unlawful discrimination. No consumer shall
be subjected to unlawful discrimination as defined in Section
1-103 of the Illinois Human Rights Act by any owner, licensee,
executive director, employee, or agent of a facility. Unlawful
discrimination does not include an action by any licensee,
executive director, employee, or agent of a facility that is
required by this Act or rules adopted under this Act.
 
    Section 3-115. Informed consent; restraints. Informed
consent shall be required for restraints consistent with the
requirements contained in subsection (c) of Section 2-106 of
the Nursing Home Care Act.
 
    Section 3-116. Experimental research. No consumer shall be
subjected to experimental research or treatment without first
obtaining his or her informed, written consent. The conduct of
any experimental research or treatment shall be authorized and
monitored by an institutional review board appointed by the
executive director. The membership, operating procedures and
review criteria for the institutional review board shall be
prescribed under rules and regulations of the Department and
shall comply with the requirements for institutional review
boards established by the federal Food and Drug Administration.
No person who has received compensation in the prior 3 years
from an entity that manufactures, distributes, or sells
pharmaceuticals, biologics, or medical devices may serve on the
institutional review board.
    No facility shall permit experimental research or
treatment to be conducted on a consumer, or give access to any
person or person's records for a retrospective study about the
safety or efficacy of any care or treatment, without the prior
written approval of the institutional review board. No
executive director, or person licensed by the State to provide
medical care or treatment to any person, may assist or
participate in any experimental research on or treatment of a
consumer, including a retrospective study, that does not have
the prior written approval of the board. Such conduct shall be
grounds for professional discipline by the Department of
Financial and Professional Regulation.
    The institutional review board may exempt from ongoing
review research or treatment initiated on a consumer before the
individual's admission to a facility and for which the board
determines there is adequate ongoing oversight by another
institutional review board. Nothing in this Section shall
prevent a facility, any facility employee, or any other person
from assisting or participating in any experimental research on
or treatment of a consumer, if the research or treatment began
before the person's admission to a facility, until the board
has reviewed the research or treatment and decided to grant or
deny approval or to exempt the research or treatment from
ongoing review.
 
PART 2.
RESPONSIBILITIES

 
    Section 3-201. Screening prior to admission. Standards for
screening prior to admission into a facility under this Act
shall be established by rule. The rules shall recognize the
different levels of care provided by these facilities,
including, but not limited to, the following:
        (1) triage centers;
        (2) crisis stabilization;
        (3) recovery and rehabilitation supports; or
        (4) transitional living units.
 
    Section 3-203. Consumers' advisory council. Each facility
shall establish a consumers' advisory council. The executive
director shall designate a member of the facility staff to
coordinate the establishment of, and render assistance to, the
council.
        (1) The composition of the consumers' advisory council
    shall be specified by rule, but no employee or affiliate of
    a facility shall be a member of the council.
        (2) The council shall meet at least once each month
    with the staff coordinator who shall provide assistance to
    the council in preparing and disseminating a report of each
    meeting to all consumers, the executive director, and the
    staff.
        (3) Records of council meetings shall be maintained in
    the office of the executive director.
        (4) The consumers' advisory council may communicate to
    the executive director the opinions and concerns of the
    consumers. The council shall review procedures for
    implementing consumer rights and facility responsibilities
    and make recommendations for changes or additions that will
    strengthen the facility's policies and procedures as they
    affect consumer rights and facility responsibilities.
        (5) The council shall be a forum for:
            (A) obtaining and disseminating information;
            (B) soliciting and adopting recommendations for
        facility programming and improvements; and
            (C) early identification and for recommending
        orderly resolution of problems.
        (6) The council may present complaints on behalf of a
    consumer to the Department or to any other person it
    considers appropriate.
 
    Section 3-205. Disclosure of information to public.
Standards for the disclosure of information to the public shall
be established by rule. These information disclosure standards
shall include, but are not limited to, the following: staffing
and personnel levels, licensure and inspection information,
national accreditation information, cost and reimbursement
information, and consumer complaint information. Rules for the
public disclosure of information shall be in accordance with
the provisions for inspection and copying of public records in
the Freedom of Information Act.
 
    Section 3-206. Confidentiality of records.
    (a) The Department shall respect the confidentiality of a
consumer's record and shall not divulge or disclose the
contents of a record in a manner that identifies a consumer,
except upon a consumer's death to a relative or guardian or
under judicial proceedings. This Section shall not be construed
to limit the right of a consumer to inspect or copy the
consumer's own records.
    (b) Confidential medical, social, personal, or financial
information identifying a consumer shall not be available for
public inspection in a manner that identifies a consumer.
 
    Section 3-207. Notice of imminent death. A facility shall
immediately notify the consumer's next of kin, representative,
and physician of the consumer's death or when the consumer's
death appears to be imminent.
 
    Section 3-208. Policies and procedures. A facility shall
establish written policies and procedures to implement the
responsibilities and rights provided under this Article. The
policies shall include the procedure for the investigation and
resolution of consumer complaints. The policies and procedures
shall be clear and unambiguous and shall be available for
inspection by any person. A summary of the policies and
procedures, printed in not less than 12-point font, shall be
distributed to each consumer and representative.
 
    Section 3-209. Explanation of rights. Each consumer and
consumer's guardian or other person acting on behalf of the
consumer shall be given a written explanation of all of his or
her rights. The explanation shall be given at the time of
admission to a facility or as soon thereafter as the condition
of the consumer permits, but in no event later than 48 hours
after admission and again at least annually thereafter. At the
time of the implementation of this Act, each consumer shall be
given a written summary of all of his or her rights. If a
consumer is unable to read such written explanation, it shall
be read to the consumer in a language the consumer understands.
 
    Section 3-210. Staff familiarity with rights and
responsibilities. The facility shall ensure that its staff is
familiar with and observes the rights and responsibilities
enumerated in this Article.
 
    Section 3-211. Vaccinations.
    (a) A facility shall annually administer or arrange for
administration of a vaccination against influenza to each
consumer, in accordance with the recommendations of the
Advisory Committee on Immunization Practices of the Centers for
Disease Control and Prevention that are most recent to the time
of vaccination, unless the vaccination is medically
contraindicated or the consumer has refused the vaccine.
    (b) All persons seeking admission to a facility shall be
verbally screened for risk factors associated with hepatitis B,
hepatitis C, and the Human Immunodeficiency Virus (HIV)
according to guidelines established by the U.S. Centers for
Disease Control and Prevention. Persons who are identified as
being at high risk for hepatitis B, hepatitis C, or HIV shall
be offered an opportunity to undergo laboratory testing in
order to determine infection status if they will be admitted to
the facility for at least 7 days and are not known to be
infected with any of the listed viruses. All HIV testing shall
be conducted in compliance with the AIDS Confidentiality Act.
All persons determined to be susceptible to the hepatitis B
virus shall be offered immunization within 10 days after
admission to any facility. A facility shall document in the
consumer's medical record that he or she was verbally screened
for risk factors associated with hepatitis B, hepatitis C, and
HIV, and whether or not the consumer was immunized against
hepatitis B.
 
    Section 3-212. Order for transportation of consumer by
ambulance. If a facility orders transportation of a consumer of
the facility by ambulance, then the facility must maintain a
written record that shows (i) the name of the person who placed
the order for that transportation and (ii) the medical reason
for that transportation.
 
ARTICLE 4.
LICENSING AND ACCREDITATION

 
PART 1.
LICENSING

 
    Section 4-101. Licensure system. The Department shall be
the sole agency responsible for licensure and shall establish a
comprehensive system of licensure for facilities in accordance
with this Act for the purpose of:
        (1) protecting the health, welfare, and safety of
    consumers; and
        (2) ensuring the accountability for reimbursed care
    provided in facilities.
 
    Section 4-102. Necessity of license. No person may
establish, operate, maintain, offer, or advertise a facility
within this State unless and until he or she obtains a valid
license therefor as hereinafter provided, which license
remains unsuspended, unrevoked, and unexpired. No public
official or employee may place any person in, or recommend that
any person be in, or directly or indirectly cause any person to
be placed in any facility that is being operated without a
valid license. All licenses and licensing procedures
established under Article III of the Nursing Home Care Act,
except those contained in Section 3-202, shall be deemed valid
under this Act until the Department establishes licensure. The
Department is granted the authority under this Act to establish
provisional licensure and licensing procedures under this Act
by emergency rule and shall do so within 120 days of the
effective date of this Act.
 
    Section 4-103. Provisional licensure emergency rules. The
Department, in consultation with the Division of Mental Health
of the Department of Human Services and the Department of
Healthcare and Family Services, is granted the authority under
this Act to establish provisional licensure and licensing
procedures by emergency rule. The Department shall file
emergency rules concerning provisional licensure under this
Act within 120 days after the effective date of this Act. The
rules to be filed for provisional licensure shall be for a
period of 3 years, beginning with the adoption date of the
emergency rules establishing the provisional license, and
shall not be extended beyond the date of 3 years after the
effective date of the emergency rules creating the provisional
license and licensing process. Rules governing the provisional
license and licensing process shall contain rules for the
different levels of care offered by the facilities authorized
under this Act and shall address each type of care hereafter
enumerated:
        (1) triage centers;
        (2) crisis stabilization;
        (3) recovery and rehabilitation supports;
        (4) transitional living units; or
        (5) other intensive treatment and stabilization
    programs designed and developed in collaboration with the
    Department.
 
    Section 4-104. Provisional licensure requirements. Rules
governing the provisional license and licensing process shall
address, at a minimum, the following provisions:
        (1) mandatory community agency linkage;
        (2) discharge and transition planning;
        (3) non-residential triage centers and stabilization
    center requirements;
        (4) crisis stabilization;
        (5) transitional living units;
        (6) recovery and rehabilitation supports;
        (7) therapeutic activity and leisure training program;
        (8) admission policies;
        (9) consumer admission and assessment requirements;
        (10) screening and consumer background checks,
    consistent with Section 1-114.01, subsections (b) and (c)
    of Section 2-201.5, and Section 2-201.6 of the Nursing Home
    Care Act;
        (11) consumer records;
        (12) informed consent;
        (13) individualized treatment plan;
        (14) consumer rights and confidentiality;
        (15) safeguard of consumer funds;
        (16) restraints and therapeutic separation;
        (17) employee personnel policies and records;
        (18) employee health evaluation;
        (19) health care worker background check, consistent
    with the Health Care Worker Background Check Act;
        (20) required professional job positions;
        (21) consultation and training;
        (22) quality assessment and performance improvement;
        (23) consumer information;
        (24) reporting of unusual occurrences;
        (25) abuse and reporting to local law enforcement;
        (26) fire safety and disaster preparedness;
        (27) required support services, including, but not
    limited to, physician, health, pharmaceutical, infection
    control, dietetic, dental, and environmental;
        (28) enhanced services requests and program
    flexibility requests;
        (29) participation in a managed care entity, a
    coordinated care entity, or an accountable care entity; and
        (30) appropriate fines and sanctions associated with
    violations of laws, rules, or regulations.    
 
    Section 4-105. Provisional licensure duration. A
provisional license shall be valid upon fulfilling the
requirements established by the Department by emergency rule.
The license shall remain valid as long as a facility remains in
compliance with the licensure provisions established in rule.
The provisional license shall expire when the administrative
rule established by the Department for provisional licensure
expires at the end of a 3-year period.
 
    Section 4-106. Provisional licensure outcomes. The
Department of Healthcare and Family Services, in conjunction
with the Division of Mental Health of the Department of Human
Services and the Department of Public Health, shall establish a
methodology by which financial and clinical data are reported
and monitored from each program that is implemented in a
facility after the effective date of this Act. The Department
of Healthcare and Family Services shall work in concert with a
managed care entity, a care coordination entity, or an
accountable care entity to gather the data necessary to report
and monitor the progress of the services offered under this
Act.
 
    Section 4-107. Provisional licensure period completion.
After the provisional licensure period is completed, no
individual with mental illness whose service plan provides for
placement in community-based settings shall be housed or
offered placement in a facility at public expense unless, after
being fully informed, he or she declines the opportunity to
receive services in a community-based setting.
 
    Section 4-108. Surveys and inspections. The Department
shall conduct surveys of licensed facilities and their
certified programs and services. The Department shall review
the records or premises, or both, as it deems appropriate for
the purpose of determining compliance with this Act and the
rules promulgated under this Act. The Department shall have
access to and may reproduce or photocopy any books, records,
and other documents maintained by the facility to the extent
necessary to carry out this Act and the rules promulgated under
this Act. The Department shall not divulge or disclose the
contents of a record under this Section as otherwise prohibited
by this Act. Any holder of a license or applicant for a license
shall be deemed to have given consent to any authorized
officer, employee, or agent of the Department to enter and
inspect the facility in accordance with this Article. Refusal
to permit such entry or inspection shall constitute grounds for
denial, suspension, or revocation of a license under this Act.
        (1) The Department shall conduct surveys to determine
    compliance and may conduct surveys to investigate
    complaints.
        (2) Determination of compliance with the service
    requirements shall be based on a survey centered on
    individuals that sample services being provided.
        (3) Determination of compliance with the general
    administrative requirements shall be based on a review of
    facility records and observation of individuals and staff.
 
    Section 4-109. License sanctions and revocation.
    (a) The Department may revoke a license for any failure to
substantially comply with this Act and the rules promulgated
under this Act, including, but not limited to, the following:
        (1) fails to correct deficiencies identified as a
    result of an on-site survey by the Department and fails to
    submit a plan of correction within 30 days after receipt of
    the notice of violation;
        (2) submits false information either on Department
    forms, required certifications, plans of correction or
    during an on-site inspection;
        (3) refuses to permit or participate in a scheduled or
    unscheduled survey; or
        (4) willfully violates any rights of individuals being
    served.
    (b) The Department may refuse to license or relicense a
facility if the owner or authorized representative or licensee
has been convicted of a felony related to the provision of
healthcare or mental health services, as shown by a certified
copy of the court of conviction.
    (c) Facilities, as a result of an on-site survey, shall be
recognized according to levels of compliance with standards as
set forth in this Act. Facilities with findings from Level 1 to
Level 3 will be considered to be in good standing with the
Department. Findings from Level 3 to Level 5 will result in a
notice of violations, a plan of correction and defined
sanctions. Findings resulting in Level 6 will result in a
notice of violations and defined sanction. The levels of
compliance are:
        (1) Level 1: Full compliance with this Act and the
    rules promulgated under this Act.
        (2) Level 2: Acceptable compliance with this Act and
    the rules promulgated under this Act. No written plan of
    correction will be required from the licensee.
        (3) Level 3: Partial compliance with this Act and the
    rules promulgated under this Act. An administrative
    warning is issued. The licensee shall submit a written plan
    of correction.
        (4) Level 4: Minimal compliance with this Act and the
    rules promulgated under this Act. The licensee shall submit
    a written plan of correction, and the Department will issue
    a probationary license. A resurvey shall occur within 90
    days.
        (5) Level 5: Unsatisfactory compliance with this Act
    and the rules promulgated under this Act. The facility
    shall submit a written plan of correction, and the
    Department will issue a restricted license. A resurvey
    shall occur within 60 days.
        (6) Level 6: Revocation of the license to provide
    services. Revocation may occur as a result of a licensee's
    consistent and repeated failure to take necessary
    corrective actions to rectify documented violations, or
    the failure to protect clients from situations that produce
    an imminent risk.
    (d) Prior to initiating formal action to sanction a
license, the Department shall allow the licensee an opportunity
to take corrective action to eliminate or ameliorate a
violation of this Act except in cases in which the Department
determines that emergency action is necessary to protect the
public or individual interest, safety, or welfare.
    (e) Subsequent to an on-site survey, the Department shall
issue a written notice to the licensee. The Department shall
specify the particular Sections of this Act or the rules
promulgated under this Act, if any, with which the facility is
not compliant. The Department's notice shall require any
corrective actions be taken within a specified time period as
required by this Act.
    (f) Sanctions shall be imposed according to the following
definitions:
        (1) Administrative notice: A written notice issued by
    the Department that specifies rule violations requiring a
    written plan of correction with time frames for corrections
    to be made and a notice that any additional violation of
    this Act or the rules promulgated under this Act may result
    in a higher level sanction. (Level 3)
        (2) Probation: Compliance with this Act and the rules
    promulgated under this Act is minimally acceptable and
    necessitates immediate corrective action. Individuals'
    life safety or quality of care are not in jeopardy. The
    probationary period is time limited to 90 days. During the
    probationary period, the facility must make corrective
    changes sufficient to bring the facility back into good
    standing with the Department. Failure to make corrective
    changes within that given time frame may result in a
    determination to initiate a higher-level sanction. The
    admission of new individuals shall be prohibited during the
    probationary period. (Level 4)
        (3) Restricted license: A licensee is sanctioned for
    unsatisfactory compliance. The admission of new
    individuals shall be prohibited during the restricted
    licensure period. Corrective action sufficient to bring
    the licensee back into good standing with the Department
    must be taken within 60 days. During the restricted
    licensure period a monitor will be assigned to oversee the
    progress of the facility in taking corrective action. If
    corrective actions are not taken, the facility will be
    subject to a higher-level sanction. (Level 5)
        (4) Revocation: Revocation of the license is
    withdrawal by formal actions of the license. The revocation
    shall be in effect until such time that the provider
    submits a re-application and the licensee can demonstrate
    its ability to operate in good standing with the
    Department. The Department has the right not to reinstate a
    license. If revocation occurs as a result of imminent risk,
    all individuals shall be immediately relocated and all
    funding will be transferred. (Level 6)
        (5) Financial penalty: A financial penalty may be
    imposed upon finding of violation in any one or combination
    of the provisions of this Act. In determining an
    appropriate financial penalty, the Department may consider
    the deterrent effect of the penalty on the organization and
    on other providers, the nature of the violation, the degree
    to which the violation resulted in a benefit to the
    organization or harm to the public, and any other relevant
    factor to be examined in mitigation or aggravation of the
    organization's conduct. The financial penalty may be
    imposed in conjunction with other sanctions or separately.
    Higher level sanctions may be imposed in situations where
    there are repeat violations.
 
    Section 4-110. Citation review and appeal procedures.
    (a) Upon receipt of Level 3 to 6 citations, the licensee
may provide additional written information and argument
disputing the citation with 10 working days. The Department
shall respond within 20 days to the licensee's disputation.
    (b) If a licensee contests the Department's decision
regarding a Level 4 to 6 citation or penalty, it can request a
hearing by submitting a written request within 20 working days
of the Department's dispute resolution decision. The
Department shall notify the licensee of the time and place of
the hearing not less than 14 days prior to the hearing date.
    (c) A license may not be denied or revoked unless the
licensee is given written notice of the grounds for the
Department's action. Except when revocation of a license is
based on imminent risk, the facility or program whose license
has been revoked may operate and receive reimbursement for
services during the period preceding the hearing, until such
time as a final decision is made.
 
    Section 4-111. Notwithstanding the existence or pursuit of
any other remedy, the Director of the Department may, in the
manner provided by law, upon the advice of the Attorney General
who shall represent the Director of the Department in the
proceedings, maintain an action in the name of the State for
injunction or other process against any person or governmental
unit to restrain or prevent the establishment of a facility
without a license issued pursuant to this Act, or to restrain
or prevent the opening, conduction, operating, or maintaining
of a facility without a license issued pursuant to this Act. In
addition, the Director of the Department may, in the manner
provided by law, in the name of the People of the State and
through the Attorney General who shall represent the Director
of the Department in the proceedings, maintain an action for
injunction or other relief or process against any licensee or
other person to enforce and compel compliance with the
provisions of this Act and the standards, rules, and
regulations established by virtue of this Act and any order
entered for any response action pursuant to this Act and such
standards, rules, and regulations.
 
PART 2.
ACCREDITATION

 
    Section 4-201. Accreditation and licensure. At the end of
the provisional licensure period established in Article 3, Part
1 of this Act, the Department shall license a facility as a
specialized mental health rehabilitation facility under this
Act that successfully completes and obtains valid national
accreditation in behavioral health from a recognized national
accreditation entity and complies with licensure standards as
established by the Department of Public Health in
administrative rule. Rules governing licensure standards shall
include, but not be limited to, appropriate fines and sanctions
associated with violations of laws or regulations. The
following shall be considered to be valid national
accreditation in behavioral health from an national
accreditation entity:
        (1) the Joint Commission;
        (2) the Commission on Accreditation of Rehabilitation
    Facilities;
        (3) the Healthcare Facilities Accreditation Program;
    or
        (4) any other national standards of care as approved by
    the Department.
 
ARTICLE 5.
FACILITY PAYMENT

 
    Section 5-101. Managed care entity, coordinated care
entity, and accountable care entity payments. For facilities
licensed by the Department of Public Health under this Act, the
payment for services provided shall be determined by
negotiation with managed care entities, coordinated care
entities, or accountable care entities. However, for 3 years
after the effective date of this Act, in no event shall the
reimbursement rate paid to facilities licensed under this Act
be less than the rate in effect on June 30, 2013 less $7.07
times the number of occupied bed days, as that term is defined
in Article V-B of the Illinois Public Aid Code, for each
facility previously licensed under the Nursing Home Care Act on
June 30, 2013; or the rate in effect on June 30, 2013 for each
facility licensed under the Specialized Mental Health
Rehabilitation Act on June 30, 2013. Any adjustment in the
support component or the capital component for facilities
licensed by the Department of Public Health under the Nursing
Home Care Act shall apply equally to facilities licensed by the
Department of Public Health under this Act for the duration of
the provisional licensure period as defined in Section 4-105 of
this Act.
 
ARTICLE 6.
MISCELLANEOUS AND AMENDATORY PROVISIONS; REPEALER

 
    Section 6-101. Illinois Administrative Procedure Act. The
provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative
rules and procedures of the Department under this Act.
 
    Section 6-102. Judicial review. All final administrative
decisions of the Department under this Act are subject to
judicial review under the Administrative Review Law and the
rules adopted pursuant thereto. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil
Procedure.
 
    Section 6-105. The Election Code is amended by changing
Sections 3-3, 4-6.3, 4-10, 5-9, 5-16.3, 6-50.3, 6-56, 19-4,
19-12.1, and 19-12.2 as follows:
 
    (10 ILCS 5/3-3)  (from Ch. 46, par. 3-3)
    Sec. 3-3. Every honorably discharged soldier or sailor who
is an inmate of any soldiers' and sailors' home within the
State of Illinois, any person who is a resident of a facility
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, or any person who is a resident
of a community-integrated living arrangement, as defined in
Section 3 of the Community-Integrated Living Arrangements
Licensure and Certification Act, for 30 days or longer, and who
is a citizen of the United States and has resided in this State
and in the election district 30 days next preceding any
election shall be entitled to vote in the election district in
which any such home or community-integrated living arrangement
in which he is an inmate or resident is located, for all
officers that now are or hereafter may be elected by the
people, and upon all questions that may be submitted to the
vote of the people: Provided, that he shall declare upon oath,
that it was his bona fide intention at the time he entered said
home or community-integrated living arrangement to become a
resident thereof.
(Source: P.A. 96-339, eff. 7-1-10; 96-563, eff. 1-1-10;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
97-813, eff. 7-13-12.)
 
    (10 ILCS 5/4-6.3)  (from Ch. 46, par. 4-6.3)
    Sec. 4-6.3. The county clerk may establish a temporary
place of registration for such times and at such locations
within the county as the county clerk may select. However, no
temporary place of registration may be in operation during the
27 days preceding an election. Notice of the time and place of
registration under this Section shall be published by the
county clerk in a newspaper having a general circulation in the
county not less than 3 nor more than 15 days before the holding
of such registration.
    Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
shopping centers, business districts, public buildings and
county fairs.
    Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
    All temporary places of registration shall be manned by
deputy county clerks or deputy registrars appointed pursuant to
Section 4-6.2.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (10 ILCS 5/4-10)  (from Ch. 46, par. 4-10)
    Sec. 4-10. Except as herein provided, no person shall be
registered, unless he applies in person to a registration
officer, answers such relevant questions as may be asked of him
by the registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
    One of the registration officers or a deputy registration
officer, county clerk, or clerk in the office of the county
clerk, shall administer to all persons who shall personally
apply to register the following oath or affirmation:
    "You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your name, place of residence, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
    The registration officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the ID/DD Community Care
Act, the following question shall be put, "When you entered the
home which is your present address, was it your bona fide
intention to become a resident thereof?" Any voter of a
township, city, village or incorporated town in which such
applicant resides, shall be permitted to be present at the
place of any precinct registration and shall have the right to
challenge any applicant who applies to be registered.
    In case the officer is not satisfied that the applicant is
qualified he shall forthwith notify such applicant in writing
to appear before the county clerk to complete his registration.
Upon the card of such applicant shall be written the word
"incomplete" and no such applicant shall be permitted to vote
unless such registration is satisfactorily completed as
hereinafter provided. No registration shall be taken and marked
as incomplete if information to complete it can be furnished on
the date of the original application.
    Any person claiming to be an elector in any election
precinct and whose registration card is marked "Incomplete" may
make and sign an application in writing, under oath, to the
county clerk in substance in the following form:
    "I do solemnly swear that I, ...., did on (insert date)
make application to the board of registry of the .... precinct
of the township of .... (or to the county clerk of .... county)
and that said board or clerk refused to complete my
registration as a qualified voter in said precinct. That I
reside in said precinct, that I intend to reside in said
precinct, and am a duly qualified voter of said precinct and am
entitled to be registered to vote in said precinct at the next
election.
(Signature of applicant) ............................."
 
    All such applications shall be presented to the county
clerk or to his duly authorized representative by the
applicant, in person between the hours of 9:00 a.m. and 5:00
p.m. on any day after the days on which the 1969 and 1970
precinct re-registrations are held but not on any day within 27
days preceding the ensuing general election and thereafter for
the registration provided in Section 4-7 all such applications
shall be presented to the county clerk or his duly authorized
representative by the applicant in person between the hours of
9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
the ensuing general election. Such application shall be heard
by the county clerk or his duly authorized representative at
the time the application is presented. If the applicant for
registration has registered with the county clerk, such
application may be presented to and heard by the county clerk
or by his duly authorized representative upon the dates
specified above or at any time prior thereto designated by the
county clerk.
    Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article, or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
    Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
    Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
    Sex.
    Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
    Term of residence in the State of Illinois and the
precinct.
    Nativity. The State or country in which the applicant was
born.
    Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
    Age. Date of birth, by month, day and year.
    Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of ...........)  
                   )ss
County of ..........)
    I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days; that I am fully qualified to vote, that I am
not registered to vote anywhere else in the United States, that
I intend to remain a resident of the State of Illinois and of
the election precinct, that I intend to return to the State of
Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
    Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
    Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 4-8 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
97-813, eff. 7-13-12.)
 
    (10 ILCS 5/5-9)  (from Ch. 46, par. 5-9)
    Sec. 5-9. Except as herein provided, no person shall be
registered unless he applies in person to registration officer,
answers such relevant questions as may be asked of him by the
registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
    One of the Deputy Registrars, the Judge of Registration, or
an Officer of Registration, County Clerk, or clerk in the
office of the County Clerk, shall administer to all persons who
shall personally apply to register the following oath or
affirmation:
    "You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your place of residence, name, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
    The Registration Officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the ID/DD Community Care
Act, the following question shall be put, "When you entered the
home which is your present address, was it your bona fide
intention to become a resident thereof?" Any voter of a
township, city, village or incorporated town in which such
applicant resides, shall be permitted to be present at the
place of precinct registration, and shall have the right to
challenge any applicant who applies to be registered.
    In case the officer is not satisfied that the applicant is
qualified, he shall forthwith in writing notify such applicant
to appear before the County Clerk to furnish further proof of
his qualifications. Upon the card of such applicant shall be
written the word "Incomplete" and no such applicant shall be
permitted to vote unless such registration is satisfactorily
completed as hereinafter provided. No registration shall be
taken and marked as "incomplete" if information to complete it
can be furnished on the date of the original application.
    Any person claiming to be an elector in any election
precinct in such township, city, village or incorporated town
and whose registration is marked "Incomplete" may make and sign
an application in writing, under oath, to the County Clerk in
substance in the following form:
    "I do solemnly swear that I, .........., did on (insert
date) make application to the Board of Registry of the ........
precinct of ........ ward of the City of .... or of the
......... District ......... Town of .......... (or to the
County Clerk of .............) and ............ County; that
said Board or Clerk refused to complete my registration as a
qualified voter in said precinct, that I reside in said
precinct (or that I intend to reside in said precinct), am a
duly qualified voter and entitled to vote in said precinct at
the next election.
...........................
(Signature of Applicant)"
    All such applications shall be presented to the County
Clerk by the applicant, in person between the hours of nine
o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
the third week subsequent to the weeks in which the 1961 and
1962 precinct re-registrations are to be held, and thereafter
for the registration provided in Section 5-17 of this Article,
all such applications shall be presented to the County Clerk by
the applicant in person between the hours of nine o'clock a.m.
and nine o'clock p.m. on Monday and Tuesday of the third week
prior to the date on which such election is to be held.
    Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
    Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
    Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
    Sex.
    Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
    Term of residence in the State of Illinois and the
precinct.
    Nativity. The State or country in which the applicant was
born.
    Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
    Age. Date of birth, by month, day and year.
    Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of .........)  
                 )ss
County of ........)
    I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois for 6 months and in the
election precinct 30 days; that I am fully qualified to vote,
that I am not registered to vote anywhere else in the United
States, that I intend to remain a resident of the State of
Illinois and of the election precinct, that I intend to return
to the State of Illinois, and that the above statements are
true.
..............................
(His or her signature or mark)
    Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.

 
    Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 5-7 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
97-813, eff. 7-13-12.)
 
    (10 ILCS 5/5-16.3)  (from Ch. 46, par. 5-16.3)
    Sec. 5-16.3. The county clerk may establish temporary
places of registration for such times and at such locations
within the county as the county clerk may select. However, no
temporary place of registration may be in operation during the
27 days preceding an election. Notice of time and place of
registration at any such temporary place of registration under
this Section shall be published by the county clerk in a
newspaper having a general circulation in the county not less
than 3 nor more than 15 days before the holding of such
registration.
    Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
shopping centers, business districts, public buildings and
county fairs.
    Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
    All temporary places of registration shall be manned by
deputy county clerks or deputy registrars appointed pursuant to
Section 5-16.2.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (10 ILCS 5/6-50.3)  (from Ch. 46, par. 6-50.3)
    Sec. 6-50.3. The board of election commissioners may
establish temporary places of registration for such times and
at such locations as the board may select. However, no
temporary place of registration may be in operation during the
27 days preceding an election. Notice of the time and place of
registration at any such temporary place of registration under
this Section shall be published by the board of election
commissioners in a newspaper having a general circulation in
the city, village or incorporated town not less than 3 nor more
than 15 days before the holding of such registration.
    Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
shopping centers, business districts, public buildings and
county fairs.
    Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
    All temporary places of registration shall be manned by
employees of the board of election commissioners or deputy
registrars appointed pursuant to Section 6-50.2.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (10 ILCS 5/6-56)  (from Ch. 46, par. 6-56)
    Sec. 6-56. Not more than 30 nor less than 28 days before
any election under this Article, all owners, managers,
administrators or operators of hotels, lodging houses, rooming
houses, furnished apartments or facilities licensed or
certified under the Nursing Home Care Act, which house 4 or
more persons, outside the members of the family of such owner,
manager, administrator or operator, shall file with the board
of election commissioners a report, under oath, together with
one copy thereof, in such form as may be required by the board
of election commissioners, of the names and descriptions of all
lodgers, guests or residents claiming a voting residence at the
hotels, lodging houses, rooming houses, furnished apartments,
or facility licensed or certified under the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of 2013,
or the ID/DD Community Care Act under their control. In
counties having a population of 500,000 or more such report
shall be made on forms mailed to them by the board of election
commissioners. The board of election commissioners shall sort
and assemble the sworn copies of the reports in numerical order
according to ward and according to precincts within each ward
and shall, not later than 5 days after the last day allowed by
this Article for the filing of the reports, maintain one
assembled set of sworn duplicate reports available for public
inspection until 60 days after election days. Except as is
otherwise expressly provided in this Article, the board shall
not be required to perform any duties with respect to the sworn
reports other than to mail, sort, assemble, post and file them
as hereinabove provided.
    Except in such cases where a precinct canvass is being
conducted by the Board of Election Commissioners prior to a
Primary or Election, the board of election commissioners shall
compare the original copy of each such report with the list of
registered voters from such addresses. Every person registered
from such address and not listed in such report or whose name
is different from any name so listed, shall immediately after
the last day of registration be sent a notice through the
United States mail, at the address appearing upon his
registration record card, requiring him to appear before the
board of election commissioners on one of the days specified in
Section 6-45 of this Article and show cause why his
registration should not be cancelled. The provisions of
Sections 6-45, 6-46 and 6-47 of this Article shall apply to
such hearing and proceedings subsequent thereto.
    Any owner, manager or operator of any such hotel, lodging
house, rooming house or furnished apartment who shall fail or
neglect to file such statement and copy thereof as in this
Article provided, may, upon written information of the attorney
for the election commissioners, be cited by the election
commissioners or upon the complaint of any voter of such city,
village or incorporated town, to appear before them and furnish
such sworn statement and copy thereof and make such oral
statements under oath regarding such hotel, lodging house,
rooming house or furnished apartment, as the election
commissioners may require. The election commissioners shall
sit to hear such citations on the Friday of the fourth week
preceding the week in which such election is to be held. Such
citation shall be served not later than the day preceding the
day on which it is returnable.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
    Sec. 19-4. Mailing or delivery of ballots - Time.)
Immediately upon the receipt of such application either by
mail, not more than 40 days nor less than 5 days prior to such
election, or by personal delivery not more than 40 days nor
less than one day prior to such election, at the office of such
election authority, it shall be the duty of such election
authority to examine the records to ascertain whether or not
such applicant is lawfully entitled to vote as requested,
including a verification of the applicant's signature by
comparison with the signature on the official registration
record card, and if found so to be entitled to vote, to post
within one business day thereafter the name, street address,
ward and precinct number or township and district number, as
the case may be, of such applicant given on a list, the pages
of which are to be numbered consecutively to be kept by such
election authority for such purpose in a conspicuous, open and
public place accessible to the public at the entrance of the
office of such election authority, and in such a manner that
such list may be viewed without necessity of requesting
permission therefor. Within one day after posting the name and
other information of an applicant for an absentee ballot, the
election authority shall transmit that name and other posted
information to the State Board of Elections, which shall
maintain those names and other information in an electronic
format on its website, arranged by county and accessible to
State and local political committees. Within 2 business days
after posting a name and other information on the list within
its office, the election authority shall mail, postage prepaid,
or deliver in person in such office an official ballot or
ballots if more than one are to be voted at said election. Mail
delivery of Temporarily Absent Student ballot applications
pursuant to Section 19-12.3 shall be by nonforwardable mail.
However, for the consolidated election, absentee ballots for
certain precincts may be delivered to applicants not less than
25 days before the election if so much time is required to have
prepared and printed the ballots containing the names of
persons nominated for offices at the consolidated primary. The
election authority shall enclose with each absentee ballot or
application written instructions on how voting assistance
shall be provided pursuant to Section 17-14 and a document,
written and approved by the State Board of Elections,
enumerating the circumstances under which a person is
authorized to vote by absentee ballot pursuant to this Article;
such document shall also include a statement informing the
applicant that if he or she falsifies or is solicited by
another to falsify his or her eligibility to cast an absentee
ballot, such applicant or other is subject to penalties
pursuant to Section 29-10 and Section 29-20 of the Election
Code. Each election authority shall maintain a list of the
name, street address, ward and precinct, or township and
district number, as the case may be, of all applicants who have
returned absentee ballots to such authority, and the name of
such absent voter shall be added to such list within one
business day from receipt of such ballot. If the absentee
ballot envelope indicates that the voter was assisted in
casting the ballot, the name of the person so assisting shall
be included on the list. The list, the pages of which are to be
numbered consecutively, shall be kept by each election
authority in a conspicuous, open, and public place accessible
to the public at the entrance of the office of the election
authority and in a manner that the list may be viewed without
necessity of requesting permission for viewing.
    Each election authority shall maintain a list for each
election of the voters to whom it has issued absentee ballots.
The list shall be maintained for each precinct within the
jurisdiction of the election authority. Prior to the opening of
the polls on election day, the election authority shall deliver
to the judges of election in each precinct the list of
registered voters in that precinct to whom absentee ballots
have been issued by mail.
    Each election authority shall maintain a list for each
election of voters to whom it has issued temporarily absent
student ballots. The list shall be maintained for each election
jurisdiction within which such voters temporarily abide.
Immediately after the close of the period during which
application may be made by mail for absentee ballots, each
election authority shall mail to each other election authority
within the State a certified list of all such voters
temporarily abiding within the jurisdiction of the other
election authority.
    In the event that the return address of an application for
ballot by a physically incapacitated elector is that of a
facility licensed or certified under the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, within the jurisdiction of the
election authority, and the applicant is a registered voter in
the precinct in which such facility is located, the ballots
shall be prepared and transmitted to a responsible judge of
election no later than 9 a.m. on the Saturday, Sunday or Monday
immediately preceding the election as designated by the
election authority under Section 19-12.2. Such judge shall
deliver in person on the designated day the ballot to the
applicant on the premises of the facility from which
application was made. The election authority shall by mail
notify the applicant in such facility that the ballot will be
delivered by a judge of election on the designated day.
    All applications for absentee ballots shall be available at
the office of the election authority for public inspection upon
request from the time of receipt thereof by the election
authority until 30 days after the election, except during the
time such applications are kept in the office of the election
authority pursuant to Section 19-7, and except during the time
such applications are in the possession of the judges of
election.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (10 ILCS 5/19-12.1)  (from Ch. 46, par. 19-12.1)
    Sec. 19-12.1. Any qualified elector who has secured an
Illinois Person with a Disability Identification Card in
accordance with the Illinois Identification Card Act,
indicating that the person named thereon has a Class 1A or
Class 2 disability or any qualified voter who has a permanent
physical incapacity of such a nature as to make it improbable
that he will be able to be present at the polls at any future
election, or any voter who is a resident of (i) a federally
operated veterans' home, hospital, or facility located in
Illinois or (ii) a facility licensed or certified pursuant to
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act and
has a condition or disability of such a nature as to make it
improbable that he will be able to be present at the polls at
any future election, may secure a disabled voter's or nursing
home resident's identification card, which will enable him to
vote under this Article as a physically incapacitated or
nursing home voter. For the purposes of this Section,
"federally operated veterans' home, hospital, or facility"
means the long-term care facilities at the Jesse Brown VA
Medical Center, Illiana Health Care System, Edward Hines, Jr.
VA Hospital, Marion VA Medical Center, and Captain James A.
Lovell Federal Health Care Center.
    Application for a disabled voter's or nursing home
resident's identification card shall be made either: (a) in
writing, with voter's sworn affidavit, to the county clerk or
board of election commissioners, as the case may be, and shall
be accompanied by the affidavit of the attending physician
specifically describing the nature of the physical incapacity
or the fact that the voter is a nursing home resident and is
physically unable to be present at the polls on election days;
or (b) by presenting, in writing or otherwise, to the county
clerk or board of election commissioners, as the case may be,
proof that the applicant has secured an Illinois Person with a
Disability Identification Card indicating that the person
named thereon has a Class 1A or Class 2 disability. Upon the
receipt of either the sworn-to application and the physician's
affidavit or proof that the applicant has secured an Illinois
Person with a Disability Identification Card indicating that
the person named thereon has a Class 1A or Class 2 disability,
the county clerk or board of election commissioners shall issue
a disabled voter's or nursing home resident's identification
card. Such identification cards shall be issued for a period of
5 years, upon the expiration of which time the voter may secure
a new card by making application in the same manner as is
prescribed for the issuance of an original card, accompanied by
a new affidavit of the attending physician. The date of
expiration of such five-year period shall be made known to any
interested person by the election authority upon the request of
such person. Applications for the renewal of the identification
cards shall be mailed to the voters holding such cards not less
than 3 months prior to the date of expiration of the cards.
    Each disabled voter's or nursing home resident's
identification card shall bear an identification number, which
shall be clearly noted on the voter's original and duplicate
registration record cards. In the event the holder becomes
physically capable of resuming normal voting, he must surrender
his disabled voter's or nursing home resident's identification
card to the county clerk or board of election commissioners
before the next election.
    The holder of a disabled voter's or nursing home resident's
identification card may make application by mail for an
official ballot within the time prescribed by Section 19-2.
Such application shall contain the same information as is
included in the form of application for ballot by a physically
incapacitated elector prescribed in Section 19-3 except that it
shall also include the applicant's disabled voter's
identification card number and except that it need not be sworn
to. If an examination of the records discloses that the
applicant is lawfully entitled to vote, he shall be mailed a
ballot as provided in Section 19-4. The ballot envelope shall
be the same as that prescribed in Section 19-5 for physically
disabled voters, and the manner of voting and returning the
ballot shall be the same as that provided in this Article for
other absentee ballots, except that a statement to be
subscribed to by the voter but which need not be sworn to shall
be placed on the ballot envelope in lieu of the affidavit
prescribed by Section 19-5.
    Any person who knowingly subscribes to a false statement in
connection with voting under this Section shall be guilty of a
Class A misdemeanor.
    For the purposes of this Section, "nursing home resident"
includes a resident of (i) a federally operated veterans' home,
hospital, or facility located in Illinois or (ii) a facility
licensed under the ID/DD Community Care Act or the Specialized
Mental Health Rehabilitation Act of 2013. For the purposes of
this Section, "federally operated veterans' home, hospital, or
facility" means the long-term care facilities at the Jesse
Brown VA Medical Center, Illiana Health Care System, Edward
Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain
James A. Lovell Federal Health Care Center.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-275, eff. 1-1-12; 97-813, eff. 7-13-12;
97-1064, eff. 1-1-13.)
 
    (10 ILCS 5/19-12.2)  (from Ch. 46, par. 19-12.2)
    Sec. 19-12.2. Voting by physically incapacitated electors
who have made proper application to the election authority not
later than 5 days before the regular primary and general
election of 1980 and before each election thereafter shall be
conducted on the premises of (i) federally operated veterans'
homes, hospitals, and facilities located in Illinois or (ii)
facilities licensed or certified pursuant to the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act of
2013, or the ID/DD Community Care Act for the sole benefit of
residents of such homes, hospitals, and facilities. For the
purposes of this Section, "federally operated veterans' home,
hospital, or facility" means the long-term care facilities at
the Jesse Brown VA Medical Center, Illiana Health Care System,
Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and
Captain James A. Lovell Federal Health Care Center. Such voting
shall be conducted during any continuous period sufficient to
allow all applicants to cast their ballots between the hours of
9 a.m. and 7 p.m. either on the Friday, Saturday, Sunday or
Monday immediately preceding the regular election. This
absentee voting on one of said days designated by the election
authority shall be supervised by two election judges who must
be selected by the election authority in the following order of
priority: (1) from the panel of judges appointed for the
precinct in which such home, hospital, or facility is located,
or from a panel of judges appointed for any other precinct
within the jurisdiction of the election authority in the same
ward or township, as the case may be, in which the home,
hospital, or facility is located or, only in the case where a
judge or judges from the precinct, township or ward are
unavailable to serve, (3) from a panel of judges appointed for
any other precinct within the jurisdiction of the election
authority. The two judges shall be from different political
parties. Not less than 30 days before each regular election,
the election authority shall have arranged with the chief
administrative officer of each home, hospital, or facility in
his or its election jurisdiction a mutually convenient time
period on the Friday, Saturday, Sunday or Monday immediately
preceding the election for such voting on the premises of the
home, hospital, or facility and shall post in a prominent place
in his or its office a notice of the agreed day and time period
for conducting such voting at each home, hospital, or facility;
provided that the election authority shall not later than noon
on the Thursday before the election also post the names and
addresses of those homes, hospitals, and facilities from which
no applications were received and in which no supervised
absentee voting will be conducted. All provisions of this Code
applicable to pollwatchers shall be applicable herein. To the
maximum extent feasible, voting booths or screens shall be
provided to insure the privacy of the voter. Voting procedures
shall be as described in Article 17 of this Code, except that
ballots shall be treated as absentee ballots and shall not be
counted until the close of the polls on the following day.
After the last voter has concluded voting, the judges shall
seal the ballots in an envelope and affix their signatures
across the flap of the envelope. Immediately thereafter, the
judges shall bring the sealed envelope to the office of the
election authority who shall deliver such ballots to the
election authority's central ballot counting location prior to
the closing of the polls on the day of election. The judges of
election shall also report to the election authority the name
of any applicant in the home, hospital, or facility who, due to
unforeseen circumstance or condition or because of a religious
holiday, was unable to vote. In this event, the election
authority may appoint a qualified person from his or its staff
to deliver the ballot to such applicant on the day of election.
This staff person shall follow the same procedures prescribed
for judges conducting absentee voting in such homes, hospitals,
or facilities and shall return the ballot to the central ballot
counting location before the polls close. However, if the home,
hospital, or facility from which the application was made is
also used as a regular precinct polling place for that voter,
voting procedures heretofore prescribed may be implemented by 2
of the election judges of opposite party affiliation assigned
to that polling place during the hours of voting on the day of
the election. Judges of election shall be compensated not less
than $25.00 for conducting absentee voting in such homes,
hospitals, or facilities.
    Not less than 120 days before each regular election, the
Department of Public Health shall certify to the State Board of
Elections a list of the facilities licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the ID/DD Community Care
Act. The lists shall indicate the approved bed capacity and the
name of the chief administrative officer of each such home,
hospital, or facility, and the State Board of Elections shall
certify the same to the appropriate election authority within
20 days thereafter.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-275, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 6-110. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
15 as follows:
 
    (20 ILCS 1705/15)  (from Ch. 91 1/2, par. 100-15)
    Sec. 15. Before any person is released from a facility
operated by the State pursuant to an absolute discharge or a
conditional discharge from hospitalization under this Act, the
facility director of the facility in which such person is
hospitalized shall determine that such person is not currently
in need of hospitalization and:
        (a) is able to live independently in the community; or
        (b) requires further oversight and supervisory care
    for which arrangements have been made with responsible
    relatives or supervised residential program approved by
    the Department; or
        (c) requires further personal care or general
    oversight as defined by the ID/DD Community Care Act or the
    Specialized Mental Health Rehabilitation Act of 2013, for
    which placement arrangements have been made with a suitable
    family home or other licensed facility approved by the
    Department under this Section; or
        (d) requires community mental health services for
    which arrangements have been made with a community mental
    health provider in accordance with criteria, standards,
    and procedures promulgated by rule.
    Such determination shall be made in writing and shall
become a part of the facility record of such absolutely or
conditionally discharged person. When the determination
indicates that the condition of the person to be granted an
absolute discharge or a conditional discharge is described
under subparagraph (c) or (d) of this Section, the name and
address of the continuing care facility or home to which such
person is to be released shall be entered in the facility
record. Where a discharge from a mental health facility is made
under subparagraph (c), the Department shall assign the person
so discharged to an existing community based not-for-profit
agency for participation in day activities suitable to the
person's needs, such as but not limited to social and
vocational rehabilitation, and other recreational, educational
and financial activities unless the community based
not-for-profit agency is unqualified to accept such
assignment. Where the clientele of any not-for-profit agency
increases as a result of assignments under this amendatory Act
of 1977 by more than 3% over the prior year, the Department
shall fully reimburse such agency for the costs of providing
services to such persons in excess of such 3% increase. The
Department shall keep written records detailing how many
persons have been assigned to a community based not-for-profit
agency and how many persons were not so assigned because the
community based agency was unable to accept the assignments, in
accordance with criteria, standards, and procedures
promulgated by rule. Whenever a community based agency is found
to be unable to accept the assignments, the name of the agency
and the reason for the finding shall be included in the report.
    Insofar as desirable in the interests of the former
recipient, the facility, program or home in which the
discharged person is to be placed shall be located in or near
the community in which the person resided prior to
hospitalization or in the community in which the person's
family or nearest next of kin presently reside. Placement of
the discharged person in facilities, programs or homes located
outside of this State shall not be made by the Department
unless there are no appropriate facilities, programs or homes
available within this State. Out-of-state placements shall be
subject to return of recipients so placed upon the availability
of facilities, programs or homes within this State to
accommodate these recipients, except where placement in a
contiguous state results in locating a recipient in a facility
or program closer to the recipient's home or family. If an
appropriate facility or program becomes available equal to or
closer to the recipient's home or family, the recipient shall
be returned to and placed at the appropriate facility or
program within this State.
    To place any person who is under a program of the
Department at board in a suitable family home or in such other
facility or program as the Department may consider desirable.
The Department may place in licensed nursing homes, sheltered
care homes, or homes for the aged those persons whose
behavioral manifestations and medical and nursing care needs
are such as to be substantially indistinguishable from persons
already living in such facilities. Prior to any placement by
the Department under this Section, a determination shall be
made by the personnel of the Department, as to the capability
and suitability of such facility to adequately meet the needs
of the person to be discharged. When specialized programs are
necessary in order to enable persons in need of supervised
living to develop and improve in the community, the Department
shall place such persons only in specialized residential care
facilities which shall meet Department standards including
restricted admission policy, special staffing and programming
for social and vocational rehabilitation, in addition to the
requirements of the appropriate State licensing agency. The
Department shall not place any new person in a facility the
license of which has been revoked or not renewed on grounds of
inadequate programming, staffing, or medical or adjunctive
services, regardless of the pendency of an action for
administrative review regarding such revocation or failure to
renew. Before the Department may transfer any person to a
licensed nursing home, sheltered care home or home for the aged
or place any person in a specialized residential care facility
the Department shall notify the person to be transferred, or a
responsible relative of such person, in writing, at least 30
days before the proposed transfer, with respect to all the
relevant facts concerning such transfer, except in cases of
emergency when such notice is not required. If either the
person to be transferred or a responsible relative of such
person objects to such transfer, in writing to the Department,
at any time after receipt of notice and before the transfer,
the facility director of the facility in which the person was a
recipient shall immediately schedule a hearing at the facility
with the presence of the facility director, the person who
objected to such proposed transfer, and a psychiatrist who is
familiar with the record of the person to be transferred. Such
person to be transferred or a responsible relative may be
represented by such counsel or interested party as he may
appoint, who may present such testimony with respect to the
proposed transfer. Testimony presented at such hearing shall
become a part of the facility record of the
person-to-be-transferred. The record of testimony shall be
held in the person-to-be-transferred's record in the central
files of the facility. If such hearing is held a transfer may
only be implemented, if at all, in accordance with the results
of such hearing. Within 15 days after such hearing the facility
director shall deliver his findings based on the record of the
case and the testimony presented at the hearing, by registered
or certified mail, to the parties to such hearing. The findings
of the facility director shall be deemed a final administrative
decision of the Department. For purposes of this Section, "case
of emergency" means those instances in which the health of the
person to be transferred is imperiled and the most appropriate
mental health care or medical care is available at a licensed
nursing home, sheltered care home or home for the aged or a
specialized residential care facility.
    Prior to placement of any person in a facility under this
Section the Department shall ensure that an appropriate
training plan for staff is provided by the facility. Said
training may include instruction and demonstration by
Department personnel qualified in the area of mental illness or
intellectual disabilities, as applicable to the person to be
placed. Training may be given both at the facility from which
the recipient is transferred and at the facility receiving the
recipient, and may be available on a continuing basis
subsequent to placement. In a facility providing services to
former Department recipients, training shall be available as
necessary for facility staff. Such training will be on a
continuing basis as the needs of the facility and recipients
change and further training is required.
    The Department shall not place any person in a facility
which does not have appropriately trained staff in sufficient
numbers to accommodate the recipient population already at the
facility. As a condition of further or future placements of
persons, the Department shall require the employment of
additional trained staff members at the facility where said
persons are to be placed. The Secretary, or his or her
designate, shall establish written guidelines for placement of
persons in facilities under this Act. The Department shall keep
written records detailing which facilities have been
determined to have staff who have been appropriately trained by
the Department and all training which it has provided or
required under this Section.
    Bills for the support for a person boarded out shall be
payable monthly out of the proper maintenance funds and shall
be audited as any other accounts of the Department. If a person
is placed in a facility or program outside the Department, the
Department may pay the actual costs of residence, treatment or
maintenance in such facility and may collect such actual costs
or a portion thereof from the recipient or the estate of a
person placed in accordance with this Section.
    Other than those placed in a family home the Department
shall cause all persons who are placed in a facility, as
defined by the ID/DD Community Care Act or the Specialized
Mental Health Rehabilitation Act of 2013, or in designated
community living situations or programs, to be visited at least
once during the first month following placement, and once every
month thereafter for the first year following placement when
indicated, but at least quarterly. After the first year, the
Department shall determine at what point the appropriate
licensing entity for the facility or designated community
living situation or program will assume the responsibility of
ensuring that appropriate services are being provided to the
resident. Once that responsibility is assumed, the Department
may discontinue such visits. If a long term care facility has
periodic care plan conferences, the visitor may participate in
those conferences, if such participation is approved by the
resident or the resident's guardian. Visits shall be made by
qualified and trained Department personnel, or their designee,
in the area of mental health or developmental disabilities
applicable to the person visited, and shall be made on a more
frequent basis when indicated. The Department may not use as
designee any personnel connected with or responsible to the
representatives of any facility in which persons who have been
transferred under this Section are placed. In the course of
such visit there shall be consideration of the following areas,
but not limited thereto: effects of transfer on physical and
mental health of the person, sufficiency of nursing care and
medical coverage required by the person, sufficiency of staff
personnel and ability to provide basic care for the person,
social, recreational and programmatic activities available for
the person, and other appropriate aspects of the person's
environment.
    A report containing the above observations shall be made to
the Department, to the licensing agency, and to any other
appropriate agency subsequent to each visitation. The report
shall contain recommendations to improve the care and treatment
of the resident, as necessary, which shall be reviewed by the
facility's interdisciplinary team and the resident or the
resident's legal guardian.
    Upon the complaint of any person placed in accordance with
this Section or any responsible citizen or upon discovery that
such person has been abused, neglected, or improperly cared
for, or that the placement does not provide the type of care
required by the recipient's current condition, the Department
immediately shall investigate, and determine if the
well-being, health, care, or safety of any person is affected
by any of the above occurrences, and if any one of the above
occurrences is verified, the Department shall remove such
person at once to a facility of the Department or to another
facility outside the Department, provided such person's needs
can be met at said facility. The Department may also provide
any person placed in accordance with this Section who is
without available funds, and who is permitted to engage in
employment outside the facility, such sums for the
transportation, and other expenses as may be needed by him
until he receives his wages for such employment.
    The Department shall promulgate rules and regulations
governing the purchase of care for persons who are wards of or
who are receiving services from the Department. Such rules and
regulations shall apply to all monies expended by any agency of
the State of Illinois for services rendered by any person,
corporate entity, agency, governmental agency or political
subdivision whether public or private outside of the Department
whether payment is made through a contractual, per-diem or
other arrangement. No funds shall be paid to any person,
corporation, agency, governmental entity or political
subdivision without compliance with such rules and
regulations.
    The rules and regulations governing purchase of care shall
describe categories and types of service deemed appropriate for
purchase by the Department.
    Any provider of services under this Act may elect to
receive payment for those services, and the Department is
authorized to arrange for that payment, by means of direct
deposit transmittals to the service provider's account
maintained at a bank, savings and loan association, or other
financial institution. The financial institution shall be
approved by the Department, and the deposits shall be in
accordance with rules and regulations adopted by the
Department.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 6-115. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Sections 2310-550, 2310-560, 2310-565, and
2310-625 as follows:
 
    (20 ILCS 2310/2310-550)  (was 20 ILCS 2310/55.40)
    Sec. 2310-550. Long-term care facilities. The Department
may perform, in all long-term care facilities as defined in the
Nursing Home Care Act, all facilities as defined in the
Specialized Mental Health Rehabilitation Act of 2013, and all
facilities as defined in the ID/DD Community Care Act, all
inspection, evaluation, certification, and inspection of care
duties that the federal government may require the State of
Illinois to perform or have performed as a condition of
participation in any programs under Title XVIII or Title XIX of
the federal Social Security Act.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (20 ILCS 2310/2310-560)  (was 20 ILCS 2310/55.87)
    Sec. 2310-560. Advisory committees concerning construction
of facilities.
    (a) The Director shall appoint an advisory committee. The
committee shall be established by the Department by rule. The
Director and the Department shall consult with the advisory
committee concerning the application of building codes and
Department rules related to those building codes to facilities
under the Ambulatory Surgical Treatment Center Act, the Nursing
Home Care Act, the Specialized Mental Health Rehabilitation Act
of 2013, and the ID/DD Community Care Act.
    (b) The Director shall appoint an advisory committee to
advise the Department and to conduct informal dispute
resolution concerning the application of building codes for new
and existing construction and related Department rules and
standards under the Hospital Licensing Act, including without
limitation rules and standards for (i) design and construction,
(ii) engineering and maintenance of the physical plant, site,
equipment, and systems (heating, cooling, electrical,
ventilation, plumbing, water, sewer, and solid waste
disposal), and (iii) fire and safety. The advisory committee
shall be composed of all of the following members:
        (1) The chairperson or an elected representative from
    the Hospital Licensing Board under the Hospital Licensing
    Act.
        (2) Two health care architects with a minimum of 10
    years of experience in institutional design and building
    code analysis.
        (3) Two engineering professionals (one mechanical and
    one electrical) with a minimum of 10 years of experience in
    institutional design and building code analysis.
        (4) One commercial interior design professional with a
    minimum of 10 years of experience.
        (5) Two representatives from provider associations.
        (6) The Director or his or her designee, who shall
    serve as the committee moderator.
    Appointments shall be made with the concurrence of the
Hospital Licensing Board. The committee shall submit
recommendations concerning the application of building codes
and related Department rules and standards to the Hospital
Licensing Board for review and comment prior to submission to
the Department. The committee shall submit recommendations
concerning informal dispute resolution to the Director. The
Department shall provide per diem and travel expenses to the
committee members.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (20 ILCS 2310/2310-565)  (was 20 ILCS 2310/55.88)
    Sec. 2310-565. Facility construction training program. The
Department shall conduct, at least annually, a joint in-service
training program for architects, engineers, interior
designers, and other persons involved in the construction of a
facility under the Ambulatory Surgical Treatment Center Act,
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, or
the Hospital Licensing Act on problems and issues relating to
the construction of facilities under any of those Acts.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (20 ILCS 2310/2310-625)
    Sec. 2310-625. Emergency Powers.
    (a) Upon proclamation of a disaster by the Governor, as
provided for in the Illinois Emergency Management Agency Act,
the Director of Public Health shall have the following powers,
which shall be exercised only in coordination with the Illinois
Emergency Management Agency and the Department of Financial and
Professional Regulation:
        (1) The power to suspend the requirements for temporary
    or permanent licensure or certification of persons who are
    licensed or certified in another state and are working
    under the direction of the Illinois Emergency Management
    Agency and the Illinois Department of Public Health
    pursuant to the declared disaster.
        (2) The power to modify the scope of practice
    restrictions under the Emergency Medical Services (EMS)
    Systems Act for any persons who are licensed under that Act
    for any person working under the direction of the Illinois
    Emergency Management Agency and the Illinois Department of
    Public Health pursuant to the declared disaster.
        (3) The power to modify the scope of practice
    restrictions under the Nursing Home Care Act, the
    Specialized Mental Health Rehabilitation Act of 2013, or
    the ID/DD Community Care Act for Certified Nursing
    Assistants for any person working under the direction of
    the Illinois Emergency Management Agency and the Illinois
    Department of Public Health pursuant to the declared
    disaster.
    (b) Persons exempt from licensure or certification under
paragraph (1) of subsection (a) and persons operating under
modified scope of practice provisions under paragraph (2) of
subsection (a) and paragraph (3) of subsection (a) shall be
exempt from licensure or certification or subject to modified
scope of practice only until the declared disaster has ended as
provided by law. For purposes of this Section, persons working
under the direction of an emergency services and disaster
agency accredited by the Illinois Emergency Management Agency
and a local public health department, pursuant to a declared
disaster, shall be deemed to be working under the direction of
the Illinois Emergency Management Agency and the Department of
Public Health.
    (c) The Director shall exercise these powers by way of
proclamation.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 6-120. The Abuse of Adults with Disabilities
Intervention Act is amended by changing Section 15 as follows:
 
    (20 ILCS 2435/15)  (from Ch. 23, par. 3395-15)
    Sec. 15. Definitions. As used in this Act:
    "Abuse" means causing any physical, sexual, or mental abuse
to an adult with disabilities, including exploitation of the
adult's financial resources. Nothing in this Act shall be
construed to mean that an adult with disabilities is a victim
of abuse or neglect for the sole reason that he or she is being
furnished with or relies upon treatment by spiritual means
through prayer alone, in accordance with the tenets and
practices of a recognized church or religious denomination.
Nothing in this Act shall be construed to mean that an adult
with disabilities is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
    "Adult with disabilities" means a person aged 18 through 59
who resides in a domestic living situation and whose physical
or mental disability impairs his or her ability to seek or
obtain protection from abuse, neglect, or exploitation.
    "Department" means the Department of Human Services.
    "Adults with Disabilities Abuse Project" or "project"
means that program within the Office of Inspector General
designated by the Department of Human Services to receive and
assess reports of alleged or suspected abuse, neglect, or
exploitation of adults with disabilities.
    "Domestic living situation" means a residence where the
adult with disabilities lives alone or with his or her family
or household members, a care giver, or others or at a board and
care home or other community-based unlicensed facility, but is
not:
        (1) A licensed facility as defined in Section 1-113 of
    the Nursing Home Care Act or Section 1-113 of the ID/DD
    Community Care Act or Section 1-102 1-113 of the
    Specialized Mental Health Rehabilitation Act of 2013.
        (2) A life care facility as defined in the Life Care
    Facilities Act.
        (3) A home, institution, or other place operated by the
    federal government, a federal agency, or the State.
        (4) A hospital, sanitarium, or other institution, the
    principal activity or business of which is the diagnosis,
    care, and treatment of human illness through the
    maintenance and operation of organized facilities and that
    is required to be licensed under the Hospital Licensing
    Act.
        (5) A community living facility as defined in the
    Community Living Facilities Licensing Act.
        (6) A community-integrated living arrangement as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act or community residential
    alternative as licensed under that Act.
    "Emergency" means a situation in which an adult with
disabilities is in danger of death or great bodily harm.
    "Family or household members" means a person who as a
family member, volunteer, or paid care provider has assumed
responsibility for all or a portion of the care of an adult
with disabilities who needs assistance with activities of daily
living.
    "Financial exploitation" means the illegal, including
tortious, use of the assets or resources of an adult with
disabilities. Exploitation includes, but is not limited to, the
misappropriation of assets or resources of an adult with
disabilities by undue influence, by breach of a fiduciary
relationship, by fraud, deception, or extortion, or by the use
of the assets or resources in a manner contrary to law.
    "Mental abuse" means the infliction of emotional or mental
distress by a caregiver, a family member, or any person with
ongoing access to a person with disabilities by threat of harm,
humiliation, or other verbal or nonverbal conduct.
    "Neglect" means the failure of another individual to
provide an adult with disabilities with or the willful
withholding from an adult with disabilities the necessities of
life, including, but not limited to, food, clothing, shelter,
or medical care.
    Nothing in the definition of "neglect" shall be construed
to impose a requirement that assistance be provided to an adult
with disabilities over his or her objection in the absence of a
court order, nor to create any new affirmative duty to provide
support, assistance, or intervention to an adult with
disabilities. Nothing in this Act shall be construed to mean
that an adult with disabilities is a victim of neglect because
of health care services provided or not provided by licensed
health care professionals.
    "Physical abuse" means any of the following acts:
        (1) knowing or reckless use of physical force,
    confinement, or restraint;
        (2) knowing, repeated, and unnecessary sleep
    deprivation;
        (3) knowing or reckless conduct which creates an
    immediate risk of physical harm; or
        (4) when committed by a caregiver, a family member, or
    any person with ongoing access to a person with
    disabilities, directing another person to physically abuse
    a person with disabilities.
    "Secretary" means the Secretary of Human Services.
    "Sexual abuse" means touching, fondling, sexual threats,
sexually inappropriate remarks, or any other sexual activity
with an adult with disabilities when the adult with
disabilities is unable to understand, unwilling to consent,
threatened, or physically forced to engage in sexual behavior.
Sexual abuse includes acts of sexual exploitation including,
but not limited to, facilitating or compelling an adult with
disabilities to become a prostitute, or receiving anything of
value from an adult with disabilities knowing it was obtained
in whole or in part from the practice of prostitution.
    "Substantiated case" means a reported case of alleged or
suspected abuse, neglect, or exploitation in which the Adults
with Disabilities Abuse Project staff, after assessment,
determines that there is reason to believe abuse, neglect, or
exploitation has occurred.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-354, eff. 8-12-11; 97-813, eff. 7-13-12.)
 
    Section 6-125. The Illinois Finance Authority Act is
amended by changing Section 801-10 as follows:
 
    (20 ILCS 3501/801-10)
    Sec. 801-10. Definitions. The following terms, whenever
used or referred to in this Act, shall have the following
meanings, except in such instances where the context may
clearly indicate otherwise:
    (a) The term "Authority" means the Illinois Finance
Authority created by this Act.
    (b) The term "project" means an industrial project,
conservation project, housing project, public purpose project,
higher education project, health facility project, cultural
institution project, agricultural facility or agribusiness,
and "project" may include any combination of one or more of the
foregoing undertaken jointly by any person with one or more
other persons.
    (c) The term "public purpose project" means any project or
facility including without limitation land, buildings,
structures, machinery, equipment and all other real and
personal property, which is authorized or required by law to be
acquired, constructed, improved, rehabilitated, reconstructed,
replaced or maintained by any unit of government or any other
lawful public purpose which is authorized or required by law to
be undertaken by any unit of government.
    (d) The term "industrial project" means the acquisition,
construction, refurbishment, creation, development or
redevelopment of any facility, equipment, machinery, real
property or personal property for use by any instrumentality of
the State or its political subdivisions, for use by any person
or institution, public or private, for profit or not for
profit, or for use in any trade or business including, but not
limited to, any industrial, manufacturing or commercial
enterprise and which is (1) a capital project including but not
limited to: (i) land and any rights therein, one or more
buildings, structures or other improvements, machinery and
equipment, whether now existing or hereafter acquired, and
whether or not located on the same site or sites; (ii) all
appurtenances and facilities incidental to the foregoing,
including, but not limited to utilities, access roads, railroad
sidings, track, docking and similar facilities, parking
facilities, dockage, wharfage, railroad roadbed, track,
trestle, depot, terminal, switching and signaling or related
equipment, site preparation and landscaping; and (iii) all
non-capital costs and expenses relating thereto or (2) any
addition to, renovation, rehabilitation or improvement of a
capital project or (3) any activity or undertaking which the
Authority determines will aid, assist or encourage economic
growth, development or redevelopment within the State or any
area thereof, will promote the expansion, retention or
diversification of employment opportunities within the State
or any area thereof or will aid in stabilizing or developing
any industry or economic sector of the State economy. The term
"industrial project" also means the production of motion
pictures.
    (e) The term "bond" or "bonds" shall include bonds, notes
(including bond, grant or revenue anticipation notes),
certificates and/or other evidences of indebtedness
representing an obligation to pay money, including refunding
bonds.
    (f) The terms "lease agreement" and "loan agreement" shall
mean: (i) an agreement whereby a project acquired by the
Authority by purchase, gift or lease is leased to any person,
corporation or unit of local government which will use or cause
the project to be used as a project as heretofore defined upon
terms providing for lease rental payments at least sufficient
to pay when due all principal of, interest and premium, if any,
on any bonds of the Authority issued with respect to such
project, providing for the maintenance, insuring and operation
of the project on terms satisfactory to the Authority,
providing for disposition of the project upon termination of
the lease term, including purchase options or abandonment of
the premises, and such other terms as may be deemed desirable
by the Authority, or (ii) any agreement pursuant to which the
Authority agrees to loan the proceeds of its bonds issued with
respect to a project or other funds of the Authority to any
person which will use or cause the project to be used as a
project as heretofore defined upon terms providing for loan
repayment installments at least sufficient to pay when due all
principal of, interest and premium, if any, on any bonds of the
Authority, if any, issued with respect to the project, and
providing for maintenance, insurance and other matters as may
be deemed desirable by the Authority.
    (g) The term "financial aid" means the expenditure of
Authority funds or funds provided by the Authority through the
issuance of its bonds, notes or other evidences of indebtedness
or from other sources for the development, construction,
acquisition or improvement of a project.
    (h) The term "person" means an individual, corporation,
unit of government, business trust, estate, trust, partnership
or association, 2 or more persons having a joint or common
interest, or any other legal entity.
    (i) The term "unit of government" means the federal
government, the State or unit of local government, a school
district, or any agency or instrumentality, office, officer,
department, division, bureau, commission, college or
university thereof.
    (j) The term "health facility" means: (a) any public or
private institution, place, building, or agency required to be
licensed under the Hospital Licensing Act; (b) any public or
private institution, place, building, or agency required to be
licensed under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the ID/DD
Community Care Act; (c) any public or licensed private hospital
as defined in the Mental Health and Developmental Disabilities
Code; (d) any such facility exempted from such licensure when
the Director of Public Health attests that such exempted
facility meets the statutory definition of a facility subject
to licensure; (e) any other public or private health service
institution, place, building, or agency which the Director of
Public Health attests is subject to certification by the
Secretary, U.S. Department of Health and Human Services under
the Social Security Act, as now or hereafter amended, or which
the Director of Public Health attests is subject to
standard-setting by a recognized public or voluntary
accrediting or standard-setting agency; (f) any public or
private institution, place, building or agency engaged in
providing one or more supporting services to a health facility;
(g) any public or private institution, place, building or
agency engaged in providing training in the healing arts,
including but not limited to schools of medicine, dentistry,
osteopathy, optometry, podiatry, pharmacy or nursing, schools
for the training of x-ray, laboratory or other health care
technicians and schools for the training of para-professionals
in the health care field; (h) any public or private congregate,
life or extended care or elderly housing facility or any public
or private home for the aged or infirm, including, without
limitation, any Facility as defined in the Life Care Facilities
Act; (i) any public or private mental, emotional or physical
rehabilitation facility or any public or private educational,
counseling, or rehabilitation facility or home, for those
persons with a developmental disability, those who are
physically ill or disabled, the emotionally disturbed, those
persons with a mental illness or persons with learning or
similar disabilities or problems; (j) any public or private
alcohol, drug or substance abuse diagnosis, counseling
treatment or rehabilitation facility, (k) any public or private
institution, place, building or agency licensed by the
Department of Children and Family Services or which is not so
licensed but which the Director of Children and Family Services
attests provides child care, child welfare or other services of
the type provided by facilities subject to such licensure; (l)
any public or private adoption agency or facility; and (m) any
public or private blood bank or blood center. "Health facility"
also means a public or private structure or structures suitable
primarily for use as a laboratory, laundry, nurses or interns
residence or other housing or hotel facility used in whole or
in part for staff, employees or students and their families,
patients or relatives of patients admitted for treatment or
care in a health facility, or persons conducting business with
a health facility, physician's facility, surgicenter,
administration building, research facility, maintenance,
storage or utility facility and all structures or facilities
related to any of the foregoing or required or useful for the
operation of a health facility, including parking or other
facilities or other supporting service structures required or
useful for the orderly conduct of such health facility. "Health
facility" also means, with respect to a project located outside
the State, any public or private institution, place, building,
or agency which provides services similar to those described
above, provided that such project is owned, operated, leased or
managed by a participating health institution located within
the State, or a participating health institution affiliated
with an entity located within the State.
    (k) The term "participating health institution" means (i) a
private corporation or association or (ii) a public entity of
this State, in either case authorized by the laws of this State
or the applicable state to provide or operate a health facility
as defined in this Act and which, pursuant to the provisions of
this Act, undertakes the financing, construction or
acquisition of a project or undertakes the refunding or
refinancing of obligations, loans, indebtedness or advances as
provided in this Act.
    (l) The term "health facility project", means a specific
health facility work or improvement to be financed or
refinanced (including without limitation through reimbursement
of prior expenditures), acquired, constructed, enlarged,
remodeled, renovated, improved, furnished, or equipped, with
funds provided in whole or in part hereunder, any accounts
receivable, working capital, liability or insurance cost or
operating expense financing or refinancing program of a health
facility with or involving funds provided in whole or in part
hereunder, or any combination thereof.
    (m) The term "bond resolution" means the resolution or
resolutions authorizing the issuance of, or providing terms and
conditions related to, bonds issued under this Act and
includes, where appropriate, any trust agreement, trust
indenture, indenture of mortgage or deed of trust providing
terms and conditions for such bonds.
    (n) The term "property" means any real, personal or mixed
property, whether tangible or intangible, or any interest
therein, including, without limitation, any real estate,
leasehold interests, appurtenances, buildings, easements,
equipment, furnishings, furniture, improvements, machinery,
rights of way, structures, accounts, contract rights or any
interest therein.
    (o) The term "revenues" means, with respect to any project,
the rents, fees, charges, interest, principal repayments,
collections and other income or profit derived therefrom.
    (p) The term "higher education project" means, in the case
of a private institution of higher education, an educational
facility to be acquired, constructed, enlarged, remodeled,
renovated, improved, furnished, or equipped, or any
combination thereof.
    (q) The term "cultural institution project" means, in the
case of a cultural institution, a cultural facility to be
acquired, constructed, enlarged, remodeled, renovated,
improved, furnished, or equipped, or any combination thereof.
    (r) The term "educational facility" means any property
located within the State, or any property located outside the
State, provided that, if the property is located outside the
State, it must be owned, operated, leased or managed by an
entity located within the State or an entity affiliated with an
entity located within the State, in each case constructed or
acquired before or after the effective date of this Act, which
is or will be, in whole or in part, suitable for the
instruction, feeding, recreation or housing of students, the
conducting of research or other work of a private institution
of higher education, the use by a private institution of higher
education in connection with any educational, research or
related or incidental activities then being or to be conducted
by it, or any combination of the foregoing, including, without
limitation, any such property suitable for use as or in
connection with any one or more of the following: an academic
facility, administrative facility, agricultural facility,
assembly hall, athletic facility, auditorium, boating
facility, campus, communication facility, computer facility,
continuing education facility, classroom, dining hall,
dormitory, exhibition hall, fire fighting facility, fire
prevention facility, food service and preparation facility,
gymnasium, greenhouse, health care facility, hospital,
housing, instructional facility, laboratory, library,
maintenance facility, medical facility, museum, offices,
parking area, physical education facility, recreational
facility, research facility, stadium, storage facility,
student union, study facility, theatre or utility.
    (s) The term "cultural facility" means any property located
within the State, or any property located outside the State,
provided that, if the property is located outside the State, it
must be owned, operated, leased or managed by an entity located
within the State or an entity affiliated with an entity located
within the State, in each case constructed or acquired before
or after the effective date of this Act, which is or will be,
in whole or in part, suitable for the particular purposes or
needs of a cultural institution, including, without
limitation, any such property suitable for use as or in
connection with any one or more of the following: an
administrative facility, aquarium, assembly hall, auditorium,
botanical garden, exhibition hall, gallery, greenhouse,
library, museum, scientific laboratory, theater or zoological
facility, and shall also include, without limitation, books,
works of art or music, animal, plant or aquatic life or other
items for display, exhibition or performance. The term
"cultural facility" includes buildings on the National
Register of Historic Places which are owned or operated by
nonprofit entities.
    (t) "Private institution of higher education" means a
not-for-profit educational institution which is not owned by
the State or any political subdivision, agency,
instrumentality, district or municipality thereof, which is
authorized by law to provide a program of education beyond the
high school level and which:
        (1) Admits as regular students only individuals having
    a certificate of graduation from a high school, or the
    recognized equivalent of such a certificate;
        (2) Provides an educational program for which it awards
    a bachelor's degree, or provides an educational program,
    admission into which is conditioned upon the prior
    attainment of a bachelor's degree or its equivalent, for
    which it awards a postgraduate degree, or provides not less
    than a 2-year program which is acceptable for full credit
    toward such a degree, or offers a 2-year program in
    engineering, mathematics, or the physical or biological
    sciences which is designed to prepare the student to work
    as a technician and at a semiprofessional level in
    engineering, scientific, or other technological fields
    which require the understanding and application of basic
    engineering, scientific, or mathematical principles or
    knowledge;
        (3) Is accredited by a nationally recognized
    accrediting agency or association or, if not so accredited,
    is an institution whose credits are accepted, on transfer,
    by not less than 3 institutions which are so accredited,
    for credit on the same basis as if transferred from an
    institution so accredited, and holds an unrevoked
    certificate of approval under the Private College Act from
    the Board of Higher Education, or is qualified as a "degree
    granting institution" under the Academic Degree Act; and
        (4) Does not discriminate in the admission of students
    on the basis of race or color. "Private institution of
    higher education" also includes any "academic
    institution".
    (u) The term "academic institution" means any
not-for-profit institution which is not owned by the State or
any political subdivision, agency, instrumentality, district
or municipality thereof, which institution engages in, or
facilitates academic, scientific, educational or professional
research or learning in a field or fields of study taught at a
private institution of higher education. Academic institutions
include, without limitation, libraries, archives, academic,
scientific, educational or professional societies,
institutions, associations or foundations having such
purposes.
    (v) The term "cultural institution" means any
not-for-profit institution which is not owned by the State or
any political subdivision, agency, instrumentality, district
or municipality thereof, which institution engages in the
cultural, intellectual, scientific, educational or artistic
enrichment of the people of the State. Cultural institutions
include, without limitation, aquaria, botanical societies,
historical societies, libraries, museums, performing arts
associations or societies, scientific societies and zoological
societies.
    (w) The term "affiliate" means, with respect to financing
of an agricultural facility or an agribusiness, any lender, any
person, firm or corporation controlled by, or under common
control with, such lender, and any person, firm or corporation
controlling such lender.
    (x) The term "agricultural facility" means land, any
building or other improvement thereon or thereto, and any
personal properties deemed necessary or suitable for use,
whether or not now in existence, in farming, ranching, the
production of agricultural commodities (including, without
limitation, the products of aquaculture, hydroponics and
silviculture) or the treating, processing or storing of such
agricultural commodities when such activities are customarily
engaged in by farmers as a part of farming.
    (y) The term "lender" with respect to financing of an
agricultural facility or an agribusiness, means any federal or
State chartered bank, Federal Land Bank, Production Credit
Association, Bank for Cooperatives, federal or State chartered
savings and loan association or building and loan association,
Small Business Investment Company or any other institution
qualified within this State to originate and service loans,
including, but without limitation to, insurance companies,
credit unions and mortgage loan companies. "Lender" also means
a wholly owned subsidiary of a manufacturer, seller or
distributor of goods or services that makes loans to businesses
or individuals, commonly known as a "captive finance company".
    (z) The term "agribusiness" means any sole proprietorship,
limited partnership, co-partnership, joint venture,
corporation or cooperative which operates or will operate a
facility located within the State of Illinois that is related
to the processing of agricultural commodities (including,
without limitation, the products of aquaculture, hydroponics
and silviculture) or the manufacturing, production or
construction of agricultural buildings, structures, equipment,
implements, and supplies, or any other facilities or processes
used in agricultural production. Agribusiness includes but is
not limited to the following:
        (1) grain handling and processing, including grain
    storage, drying, treatment, conditioning, mailing and
    packaging;
        (2) seed and feed grain development and processing;
        (3) fruit and vegetable processing, including
    preparation, canning and packaging;
        (4) processing of livestock and livestock products,
    dairy products, poultry and poultry products, fish or
    apiarian products, including slaughter, shearing,
    collecting, preparation, canning and packaging;
        (5) fertilizer and agricultural chemical
    manufacturing, processing, application and supplying;
        (6) farm machinery, equipment and implement
    manufacturing and supplying;
        (7) manufacturing and supplying of agricultural
    commodity processing machinery and equipment, including
    machinery and equipment used in slaughter, treatment,
    handling, collecting, preparation, canning or packaging of
    agricultural commodities;
        (8) farm building and farm structure manufacturing,
    construction and supplying;
        (9) construction, manufacturing, implementation,
    supplying or servicing of irrigation, drainage and soil and
    water conservation devices or equipment;
        (10) fuel processing and development facilities that
    produce fuel from agricultural commodities or byproducts;
        (11) facilities and equipment for processing and
    packaging agricultural commodities specifically for
    export;
        (12) facilities and equipment for forestry product
    processing and supplying, including sawmilling operations,
    wood chip operations, timber harvesting operations, and
    manufacturing of prefabricated buildings, paper, furniture
    or other goods from forestry products;
        (13) facilities and equipment for research and
    development of products, processes and equipment for the
    production, processing, preparation or packaging of
    agricultural commodities and byproducts.
    (aa) The term "asset" with respect to financing of any
agricultural facility or any agribusiness, means, but is not
limited to the following: cash crops or feed on hand; livestock
held for sale; breeding stock; marketable bonds and securities;
securities not readily marketable; accounts receivable; notes
receivable; cash invested in growing crops; net cash value of
life insurance; machinery and equipment; cars and trucks; farm
and other real estate including life estates and personal
residence; value of beneficial interests in trusts; government
payments or grants; and any other assets.
    (bb) The term "liability" with respect to financing of any
agricultural facility or any agribusiness shall include, but
not be limited to the following: accounts payable; notes or
other indebtedness owed to any source; taxes; rent; amounts
owed on real estate contracts or real estate mortgages;
judgments; accrued interest payable; and any other liability.
    (cc) The term "Predecessor Authorities" means those
authorities as described in Section 845-75.
    (dd) The term "housing project" means a specific work or
improvement undertaken to provide residential dwelling
accommodations, including the acquisition, construction or
rehabilitation of lands, buildings and community facilities
and in connection therewith to provide nonhousing facilities
which are part of the housing project, including land,
buildings, improvements, equipment and all ancillary
facilities for use for offices, stores, retirement homes,
hotels, financial institutions, service, health care,
education, recreation or research establishments, or any other
commercial purpose which are or are to be related to a housing
development.
    (ee) The term "conservation project" means any project
including the acquisition, construction, rehabilitation,
maintenance, operation, or upgrade that is intended to create
or expand open space or to reduce energy usage through
efficiency measures. For the purpose of this definition, "open
space" has the definition set forth under Section 10 of the
Illinois Open Land Trust Act.
    (ff) The term "significant presence" means the existence
within the State of the national or regional headquarters of an
entity or group or such other facility of an entity or group of
entities where a significant amount of the business functions
are performed for such entity or group of entities.
(Source: P.A. 96-339, eff. 7-1-10; 96-1021, eff. 7-12-10;
97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff.
7-13-12.)
 
    Section 6-135. The Illinois Income Tax Act is amended by
changing Section 806 as follows:
 
    (35 ILCS 5/806)
    Sec. 806. Exemption from penalty. An individual taxpayer
shall not be subject to a penalty for failing to pay estimated
tax as required by Section 803 if the taxpayer is 65 years of
age or older and is a permanent resident of a nursing home. For
purposes of this Section, "nursing home" means a skilled
nursing or intermediate long term care facility that is subject
to licensure by the Illinois Department of Public Health under
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 6-140. The Use Tax Act is amended by changing
Section 3-5 as follows:
 
    (35 ILCS 105/3-5)
    Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
    (1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
    (2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
    (3) Personal property purchased by a not-for-profit arts or
cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
    (4) Personal property purchased by a governmental body, by
a corporation, society, association, foundation, or
institution organized and operated exclusively for charitable,
religious, or educational purposes, or by a not-for-profit
corporation, society, association, foundation, institution, or
organization that has no compensated officers or employees and
that is organized and operated primarily for the recreation of
persons 55 years of age or older. A limited liability company
may qualify for the exemption under this paragraph only if the
limited liability company is organized and operated
exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption
shall make tax-free purchases unless it has an active exemption
identification number issued by the Department.
    (5) Until July 1, 2003, a passenger car that is a
replacement vehicle to the extent that the purchase price of
the car is subject to the Replacement Vehicle Tax.
    (6) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order,
certified by the purchaser to be used primarily for graphic
arts production, and including machinery and equipment
purchased for lease. Equipment includes chemicals or chemicals
acting as catalysts but only if the chemicals or chemicals
acting as catalysts effect a direct and immediate change upon a
graphic arts product.
    (7) Farm chemicals.
    (8) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
    (9) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
    (10) A motor vehicle of the first division, a motor vehicle
of the second division that is a self-contained motor vehicle
designed or permanently converted to provide living quarters
for recreational, camping, or travel use, with direct walk
through to the living quarters from the driver's seat, or a
motor vehicle of the second division that is of the van
configuration designed for the transportation of not less than
7 nor more than 16 passengers, as defined in Section 1-146 of
the Illinois Vehicle Code, that is used for automobile renting,
as defined in the Automobile Renting Occupation and Use Tax
Act.
    (11) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (11). Agricultural chemical tender tanks and dry
boxes shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
    Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
    Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (11) is exempt from the
provisions of Section 3-90.
    (12) Fuel and petroleum products sold to or used by an air
common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for or
returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
    (13) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages purchased at retail from a retailer, to the
extent that the proceeds of the service charge are in fact
turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving,
hosting or cleaning up the food or beverage function with
respect to which the service charge is imposed.
    (14) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
    (15) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including that
manufactured on special order, certified by the purchaser to be
used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
    (16) Until July 1, 2003, and beginning again on the
effective date of this amendatory Act of the 97th General
Assembly and thereafter, coal and aggregate exploration,
mining, offhighway hauling, processing, maintenance, and
reclamation equipment, including replacement parts and
equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the
Illinois Vehicle Code.
    (17) Until July 1, 2003, distillation machinery and
equipment, sold as a unit or kit, assembled or installed by the
retailer, certified by the user to be used only for the
production of ethyl alcohol that will be used for consumption
as motor fuel or as a component of motor fuel for the personal
use of the user, and not subject to sale or resale.
    (18) Manufacturing and assembling machinery and equipment
used primarily in the process of manufacturing or assembling
tangible personal property for wholesale or retail sale or
lease, whether that sale or lease is made directly by the
manufacturer or by some other person, whether the materials
used in the process are owned by the manufacturer or some other
person, or whether that sale or lease is made apart from or as
an incident to the seller's engaging in the service occupation
of producing machines, tools, dies, jigs, patterns, gauges, or
other similar items of no commercial value on special order for
a particular purchaser.
    (19) Personal property delivered to a purchaser or
purchaser's donee inside Illinois when the purchase order for
that personal property was received by a florist located
outside Illinois who has a florist located inside Illinois
deliver the personal property.
    (20) Semen used for artificial insemination of livestock
for direct agricultural production.
    (21) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (21) is exempt from the provisions
of Section 3-90, and the exemption provided for under this item
(21) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after January 1,
2008 for such taxes paid during the period beginning May 30,
2000 and ending on January 1, 2008.
    (22) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Service Use Tax Act, as the
case may be, based on the fair market value of the property at
the time the non-qualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Service Use Tax Act, as the case may be, if the tax
has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall have
a legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to the lessee for any
reason, the lessor is liable to pay that amount to the
Department.
    (23) Personal property purchased by a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time the lessor would otherwise be subject to the
tax imposed by this Act, to a governmental body that has been
issued an active sales tax exemption identification number by
the Department under Section 1g of the Retailers' Occupation
Tax Act. If the property is leased in a manner that does not
qualify for this exemption or used in any other non-exempt
manner, the lessor shall be liable for the tax imposed under
this Act or the Service Use Tax Act, as the case may be, based
on the fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt
to collect an amount (however designated) that purports to
reimburse that lessor for the tax imposed by this Act or the
Service Use Tax Act, as the case may be, if the tax has not been
paid by the lessor. If a lessor improperly collects any such
amount from the lessee, the lessee shall have a legal right to
claim a refund of that amount from the lessor. If, however,
that amount is not refunded to the lessee for any reason, the
lessor is liable to pay that amount to the Department.
    (24) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
    (25) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
    (26) Beginning July 1, 1999, game or game birds purchased
at a "game breeding and hunting preserve area" as that term is
used in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-90.
    (27) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
    (28) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-90.
    (29) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-90.
    (30) Beginning January 1, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act or the Specialized Mental
Health Rehabilitation Act of 2013.
    (31) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, computers and communications
equipment utilized for any hospital purpose and equipment used
in the diagnosis, analysis, or treatment of hospital patients
purchased by a lessor who leases the equipment, under a lease
of one year or longer executed or in effect at the time the
lessor would otherwise be subject to the tax imposed by this
Act, to a hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Service Use Tax Act, as the
case may be, based on the fair market value of the property at
the time the nonqualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Service Use Tax Act, as the case may be, if the tax
has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall have
a legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to the lessee for any
reason, the lessor is liable to pay that amount to the
Department. This paragraph is exempt from the provisions of
Section 3-90.
    (32) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, personal property purchased by a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
governmental body that has been issued an active sales tax
exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act. If the
property is leased in a manner that does not qualify for this
exemption or used in any other nonexempt manner, the lessor
shall be liable for the tax imposed under this Act or the
Service Use Tax Act, as the case may be, based on the fair
market value of the property at the time the nonqualifying use
occurs. No lessor shall collect or attempt to collect an amount
(however designated) that purports to reimburse that lessor for
the tax imposed by this Act or the Service Use Tax Act, as the
case may be, if the tax has not been paid by the lessor. If a
lessor improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that
amount from the lessor. If, however, that amount is not
refunded to the lessee for any reason, the lessor is liable to
pay that amount to the Department. This paragraph is exempt
from the provisions of Section 3-90.
    (33) On and after July 1, 2003 and through June 30, 2004,
the use in this State of motor vehicles of the second division
with a gross vehicle weight in excess of 8,000 pounds and that
are subject to the commercial distribution fee imposed under
Section 3-815.1 of the Illinois Vehicle Code. Beginning on July
1, 2004 and through June 30, 2005, the use in this State of
motor vehicles of the second division: (i) with a gross vehicle
weight rating in excess of 8,000 pounds; (ii) that are subject
to the commercial distribution fee imposed under Section
3-815.1 of the Illinois Vehicle Code; and (iii) that are
primarily used for commercial purposes. Through June 30, 2005,
this exemption applies to repair and replacement parts added
after the initial purchase of such a motor vehicle if that
motor vehicle is used in a manner that would qualify for the
rolling stock exemption otherwise provided for in this Act. For
purposes of this paragraph, the term "used for commercial
purposes" means the transportation of persons or property in
furtherance of any commercial or industrial enterprise,
whether for-hire or not.
    (34) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 3-90.
    (35) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to those organizations that
(i) hold an Air Agency Certificate and are empowered to operate
an approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation
Regulations. The exemption does not include aircraft operated
by a commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations.
    (36) Tangible personal property purchased by a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-90.
(Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.
7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431, eff.
8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12.)
 
    Section 6-145. The Service Use Tax Act is amended by
changing Sections 3-5 and 3-10 as follows:
 
    (35 ILCS 110/3-5)
    Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
    (1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
    (2) Personal property purchased by a non-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
    (3) Personal property purchased by a not-for-profit arts or
cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
    (4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
    (5) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product.
    (6) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
    (7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (7). Agricultural chemical tender tanks and dry boxes
shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
    Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
    Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (7) is exempt from the
provisions of Section 3-75.
    (8) Fuel and petroleum products sold to or used by an air
common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for or
returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
    (9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages acquired as an incident to the purchase of a
service from a serviceman, to the extent that the proceeds of
the service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
    (10) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
    (11) Proceeds from the sale of photoprocessing machinery
and equipment, including repair and replacement parts, both new
and used, including that manufactured on special order,
certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
    (12) Until July 1, 2003, and beginning again on the
effective date of this amendatory Act of the 97th General
Assembly and thereafter, coal and aggregate exploration,
mining, offhighway hauling, processing, maintenance, and
reclamation equipment, including replacement parts and
equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the
Illinois Vehicle Code.
    (13) Semen used for artificial insemination of livestock
for direct agricultural production.
    (14) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (14) is exempt from the provisions
of Section 3-75, and the exemption provided for under this item
(14) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after the effective
date of this amendatory Act of the 95th General Assembly for
such taxes paid during the period beginning May 30, 2000 and
ending on the effective date of this amendatory Act of the 95th
General Assembly.
    (15) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case may
be, based on the fair market value of the property at the time
the non-qualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department.
    (16) Personal property purchased by a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time the lessor would otherwise be subject to the
tax imposed by this Act, to a governmental body that has been
issued an active tax exemption identification number by the
Department under Section 1g of the Retailers' Occupation Tax
Act. If the property is leased in a manner that does not
qualify for this exemption or is used in any other non-exempt
manner, the lessor shall be liable for the tax imposed under
this Act or the Use Tax Act, as the case may be, based on the
fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt
to collect an amount (however designated) that purports to
reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department.
    (17) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
    (18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
    (19) Beginning July 1, 1999, game or game birds purchased
at a "game breeding and hunting preserve area" as that term is
used in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-75.
    (20) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
    (21) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-75.
    (22) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-75.
    (23) Beginning August 23, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act or the Specialized Mental
Health Rehabilitation Act of 2013.
    (24) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, computers and communications
equipment utilized for any hospital purpose and equipment used
in the diagnosis, analysis, or treatment of hospital patients
purchased by a lessor who leases the equipment, under a lease
of one year or longer executed or in effect at the time the
lessor would otherwise be subject to the tax imposed by this
Act, to a hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case may
be, based on the fair market value of the property at the time
the nonqualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department. This paragraph is
exempt from the provisions of Section 3-75.
    (25) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, personal property purchased by a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
governmental body that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the property is leased in a
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case may
be, based on the fair market value of the property at the time
the nonqualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department. This paragraph is
exempt from the provisions of Section 3-75.
    (26) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 3-75.
    (27) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to those organizations that
(i) hold an Air Agency Certificate and are empowered to operate
an approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation
Regulations. The exemption does not include aircraft operated
by a commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations.
    (28) Tangible personal property purchased by a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-75.
(Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.
7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431, eff.
8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12.)
 
    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
    Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the selling price of tangible personal property transferred as
an incident to the sale of service, but, for the purpose of
computing this tax, in no event shall the selling price be less
than the cost price of the property to the serviceman.
    Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
    With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the selling price
of property transferred as an incident to the sale of service
on or after January 1, 1990, and before July 1, 2003, (ii) 80%
of the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018, and (iii) 100% of the selling price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
    With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018 but applies to 100% of the selling price
thereafter.
    With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
    With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 but
applies to 100% of the selling price thereafter.
    At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the aggregate
annual total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred as an
incident to the sale of those services.
    The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD Community Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
Child Care Act of 1969. The tax shall also be imposed at the
rate of 1% on food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks, and food that has been prepared for
immediate consumption and is not otherwise included in this
paragraph) and prescription and nonprescription medicines,
drugs, medical appliances, modifications to a motor vehicle for
the purpose of rendering it usable by a disabled person, and
insulin, urine testing materials, syringes, and needles used by
diabetics, for human use. For the purposes of this Section,
until September 1, 2009: the term "soft drinks" means any
complete, finished, ready-to-use, non-alcoholic drink, whether
carbonated or not, including but not limited to soda water,
cola, fruit juice, vegetable juice, carbonated water, and all
other preparations commonly known as soft drinks of whatever
kind or description that are contained in any closed or sealed
bottle, can, carton, or container, regardless of size; but
"soft drinks" does not include coffee, tea, non-carbonated
water, infant formula, milk or milk products as defined in the
Grade A Pasteurized Milk and Milk Products Act, or drinks
containing 50% or more natural fruit or vegetable juice.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
    Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
label includes:
        (A) A "Drug Facts" panel; or
        (B) A statement of the "active ingredient(s)" with a
    list of those ingredients contained in the compound,
    substance or preparation.
    If the property that is acquired from a serviceman is
acquired outside Illinois and used outside Illinois before
being brought to Illinois for use here and is taxable under
this Act, the "selling price" on which the tax is computed
shall be reduced by an amount that represents a reasonable
allowance for depreciation for the period of prior out-of-state
use.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 97-38,
eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, eff. 6-1-12.)
 
    Section 6-150. The Service Occupation Tax Act is amended by
changing Sections 3-5 and 3-10 as follows:
 
    (35 ILCS 115/3-5)
    Sec. 3-5. Exemptions. The following tangible personal
property is exempt from the tax imposed by this Act:
    (1) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the benefit
of persons 65 years of age or older if the personal property
was not purchased by the enterprise for the purpose of resale
by the enterprise.
    (2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
    (3) Personal property purchased by any not-for-profit arts
or cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
    (4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
    (5) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product.
    (6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
    (7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (7). Agricultural chemical tender tanks and dry boxes
shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
    Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
    Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (7) is exempt from the
provisions of Section 3-55.
    (8) Fuel and petroleum products sold to or used by an air
common carrier, certified by the carrier to be used for
consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight destined for or
returning from a location or locations outside the United
States without regard to previous or subsequent domestic
stopovers.
    (9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages, to the extent that the proceeds of the
service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
    (10) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
    (11) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including that
manufactured on special order, certified by the purchaser to be
used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
    (12) Until July 1, 2003, and beginning again on the
effective date of this amendatory Act of the 97th General
Assembly and thereafter, coal and aggregate exploration,
mining, offhighway hauling, processing, maintenance, and
reclamation equipment, including replacement parts and
equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the
Illinois Vehicle Code.
    (13) Beginning January 1, 1992 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks and food that has been prepared for immediate
consumption) and prescription and non-prescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act or the Specialized Mental
Health Rehabilitation Act of 2013.
    (14) Semen used for artificial insemination of livestock
for direct agricultural production.
    (15) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (15) is exempt from the provisions
of Section 3-55, and the exemption provided for under this item
(15) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after January 1,
2008 (the effective date of Public Act 95-88) for such taxes
paid during the period beginning May 30, 2000 and ending on
January 1, 2008 (the effective date of Public Act 95-88).
    (16) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act.
    (17) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time of the purchase, to a governmental body that
has been issued an active tax exemption identification number
by the Department under Section 1g of the Retailers' Occupation
Tax Act.
    (18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
    (19) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
    (20) Beginning July 1, 1999, game or game birds sold at a
"game breeding and hunting preserve area" as that term is used
in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-55.
    (21) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
    (22) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-55.
    (23) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-55.
    (24) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, computers and communications
equipment utilized for any hospital purpose and equipment used
in the diagnosis, analysis, or treatment of hospital patients
sold to a lessor who leases the equipment, under a lease of one
year or longer executed or in effect at the time of the
purchase, to a hospital that has been issued an active tax
exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act. This paragraph
is exempt from the provisions of Section 3-55.
    (25) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, personal property sold to a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time of the purchase, to a
governmental body that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. This paragraph is exempt from
the provisions of Section 3-55.
    (26) Beginning on January 1, 2002 and through June 30,
2016, tangible personal property purchased from an Illinois
retailer by a taxpayer engaged in centralized purchasing
activities in Illinois who will, upon receipt of the property
in Illinois, temporarily store the property in Illinois (i) for
the purpose of subsequently transporting it outside this State
for use or consumption thereafter solely outside this State or
(ii) for the purpose of being processed, fabricated, or
manufactured into, attached to, or incorporated into other
tangible personal property to be transported outside this State
and thereafter used or consumed solely outside this State. The
Director of Revenue shall, pursuant to rules adopted in
accordance with the Illinois Administrative Procedure Act,
issue a permit to any taxpayer in good standing with the
Department who is eligible for the exemption under this
paragraph (26). The permit issued under this paragraph (26)
shall authorize the holder, to the extent and in the manner
specified in the rules adopted under this Act, to purchase
tangible personal property from a retailer exempt from the
taxes imposed by this Act. Taxpayers shall maintain all
necessary books and records to substantiate the use and
consumption of all such tangible personal property outside of
the State of Illinois.
    (27) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 3-55.
    (28) Tangible personal property sold to a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-55.
    (29) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to those organizations that
(i) hold an Air Agency Certificate and are empowered to operate
an approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation
Regulations. The exemption does not include aircraft operated
by a commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations.
(Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.
7-2-10; 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227, eff.
1-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff.
7-9-12.)
 
    (35 ILCS 115/3-10)  (from Ch. 120, par. 439.103-10)
    Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the "selling price", as defined in Section 2 of the Service Use
Tax Act, of the tangible personal property. For the purpose of
computing this tax, in no event shall the "selling price" be
less than the cost price to the serviceman of the tangible
personal property transferred. The selling price of each item
of tangible personal property transferred as an incident of a
sale of service may be shown as a distinct and separate item on
the serviceman's billing to the service customer. If the
selling price is not so shown, the selling price of the
tangible personal property is deemed to be 50% of the
serviceman's entire billing to the service customer. When,
however, a serviceman contracts to design, develop, and produce
special order machinery or equipment, the tax imposed by this
Act shall be based on the serviceman's cost price of the
tangible personal property transferred incident to the
completion of the contract.
    Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
    With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act shall apply to (i) 70% of the cost
price of property transferred as an incident to the sale of
service on or after January 1, 1990, and before July 1, 2003,
(ii) 80% of the selling price of property transferred as an
incident to the sale of service on or after July 1, 2003 and on
or before December 31, 2018, and (iii) 100% of the cost price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
    With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018 but applies to 100% of the selling price
thereafter.
    With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
    With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel material, the tax
imposed by this Act does not apply to the proceeds of the
selling price of property transferred as an incident to the
sale of service on or after July 1, 2003 and on or before
December 31, 2018 but applies to 100% of the selling price
thereafter.
    At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the aggregate
annual total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred incident to
the sale of those services.
    The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD Community Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
Child Care Act of 1969. The tax shall also be imposed at the
rate of 1% on food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks, and food that has been prepared for
immediate consumption and is not otherwise included in this
paragraph) and prescription and nonprescription medicines,
drugs, medical appliances, modifications to a motor vehicle for
the purpose of rendering it usable by a disabled person, and
insulin, urine testing materials, syringes, and needles used by
diabetics, for human use. For the purposes of this Section,
until September 1, 2009: the term "soft drinks" means any
complete, finished, ready-to-use, non-alcoholic drink, whether
carbonated or not, including but not limited to soda water,
cola, fruit juice, vegetable juice, carbonated water, and all
other preparations commonly known as soft drinks of whatever
kind or description that are contained in any closed or sealed
can, carton, or container, regardless of size; but "soft
drinks" does not include coffee, tea, non-carbonated water,
infant formula, milk or milk products as defined in the Grade A
Pasteurized Milk and Milk Products Act, or drinks containing
50% or more natural fruit or vegetable juice.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
    Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. 201.66. The "over-the-counter-drug"
label includes:
        (A) A "Drug Facts" panel; or
        (B) A statement of the "active ingredient(s)" with a
    list of those ingredients contained in the compound,
    substance or preparation.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,
eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 97-38,
eff. 6-28-11; 97-227, eff. 1-1-12; 97-636, eff. 6-1-12.)
 
    Section 6-155. The Retailers' Occupation Tax Act is amended
by changing Section 2-5 as follows:
 
    (35 ILCS 120/2-5)
    Sec. 2-5. Exemptions. Gross receipts from proceeds from the
sale of the following tangible personal property are exempt
from the tax imposed by this Act:
    (1) Farm chemicals.
    (2) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (2). Agricultural chemical tender tanks and dry boxes
shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed, if the selling price of the
tender is separately stated.
    Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
    Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (2) is exempt from the
provisions of Section 2-70.
    (3) Until July 1, 2003, distillation machinery and
equipment, sold as a unit or kit, assembled or installed by the
retailer, certified by the user to be used only for the
production of ethyl alcohol that will be used for consumption
as motor fuel or as a component of motor fuel for the personal
use of the user, and not subject to sale or resale.
    (4) Until July 1, 2003 and beginning again September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product.
    (5) A motor vehicle of the first division, a motor vehicle
of the second division that is a self contained motor vehicle
designed or permanently converted to provide living quarters
for recreational, camping, or travel use, with direct walk
through access to the living quarters from the driver's seat,
or a motor vehicle of the second division that is of the van
configuration designed for the transportation of not less than
7 nor more than 16 passengers, as defined in Section 1-146 of
the Illinois Vehicle Code, that is used for automobile renting,
as defined in the Automobile Renting Occupation and Use Tax
Act. This paragraph is exempt from the provisions of Section
2-70.
    (6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
    (7) Until July 1, 2003, proceeds of that portion of the
selling price of a passenger car the sale of which is subject
to the Replacement Vehicle Tax.
    (8) Personal property sold to an Illinois county fair
association for use in conducting, operating, or promoting the
county fair.
    (9) Personal property sold to a not-for-profit arts or
cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
    (10) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the benefit
of persons 65 years of age or older if the personal property
was not purchased by the enterprise for the purpose of resale
by the enterprise.
    (11) Personal property sold to a governmental body, to a
corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious,
or educational purposes, or to a not-for-profit corporation,
society, association, foundation, institution, or organization
that has no compensated officers or employees and that is
organized and operated primarily for the recreation of persons
55 years of age or older. A limited liability company may
qualify for the exemption under this paragraph only if the
limited liability company is organized and operated
exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption
shall make tax-free purchases unless it has an active
identification number issued by the Department.
    (12) Tangible personal property sold to interstate
carriers for hire for use as rolling stock moving in interstate
commerce or to lessors under leases of one year or longer
executed or in effect at the time of purchase by interstate
carriers for hire for use as rolling stock moving in interstate
commerce and equipment operated by a telecommunications
provider, licensed as a common carrier by the Federal
Communications Commission, which is permanently installed in
or affixed to aircraft moving in interstate commerce.
    (12-5) On and after July 1, 2003 and through June 30, 2004,
motor vehicles of the second division with a gross vehicle
weight in excess of 8,000 pounds that are subject to the
commercial distribution fee imposed under Section 3-815.1 of
the Illinois Vehicle Code. Beginning on July 1, 2004 and
through June 30, 2005, the use in this State of motor vehicles
of the second division: (i) with a gross vehicle weight rating
in excess of 8,000 pounds; (ii) that are subject to the
commercial distribution fee imposed under Section 3-815.1 of
the Illinois Vehicle Code; and (iii) that are primarily used
for commercial purposes. Through June 30, 2005, this exemption
applies to repair and replacement parts added after the initial
purchase of such a motor vehicle if that motor vehicle is used
in a manner that would qualify for the rolling stock exemption
otherwise provided for in this Act. For purposes of this
paragraph, "used for commercial purposes" means the
transportation of persons or property in furtherance of any
commercial or industrial enterprise whether for-hire or not.
    (13) Proceeds from sales to owners, lessors, or shippers of
tangible personal property that is utilized by interstate
carriers for hire for use as rolling stock moving in interstate
commerce and equipment operated by a telecommunications
provider, licensed as a common carrier by the Federal
Communications Commission, which is permanently installed in
or affixed to aircraft moving in interstate commerce.
    (14) Machinery and equipment that will be used by the
purchaser, or a lessee of the purchaser, primarily in the
process of manufacturing or assembling tangible personal
property for wholesale or retail sale or lease, whether the
sale or lease is made directly by the manufacturer or by some
other person, whether the materials used in the process are
owned by the manufacturer or some other person, or whether the
sale or lease is made apart from or as an incident to the
seller's engaging in the service occupation of producing
machines, tools, dies, jigs, patterns, gauges, or other similar
items of no commercial value on special order for a particular
purchaser.
    (15) Proceeds of mandatory service charges separately
stated on customers' bills for purchase and consumption of food
and beverages, to the extent that the proceeds of the service
charge are in fact turned over as tips or as a substitute for
tips to the employees who participate directly in preparing,
serving, hosting or cleaning up the food or beverage function
with respect to which the service charge is imposed.
    (16) Petroleum products sold to a purchaser if the seller
is prohibited by federal law from charging tax to the
purchaser.
    (17) Tangible personal property sold to a common carrier by
rail or motor that receives the physical possession of the
property in Illinois and that transports the property, or
shares with another common carrier in the transportation of the
property, out of Illinois on a standard uniform bill of lading
showing the seller of the property as the shipper or consignor
of the property to a destination outside Illinois, for use
outside Illinois.
    (18) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
    (19) Until July 1 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
    (20) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including that
manufactured on special order, certified by the purchaser to be
used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
    (21) Until July 1, 2003, and beginning again on the
effective date of this amendatory Act of the 97th General
Assembly and thereafter, coal and aggregate exploration,
mining, offhighway hauling, processing, maintenance, and
reclamation equipment, including replacement parts and
equipment, and including equipment purchased for lease, but
excluding motor vehicles required to be registered under the
Illinois Vehicle Code.
    (22) Fuel and petroleum products sold to or used by an air
carrier, certified by the carrier to be used for consumption,
shipment, or storage in the conduct of its business as an air
common carrier, for a flight destined for or returning from a
location or locations outside the United States without regard
to previous or subsequent domestic stopovers.
    (23) A transaction in which the purchase order is received
by a florist who is located outside Illinois, but who has a
florist located in Illinois deliver the property to the
purchaser or the purchaser's donee in Illinois.
    (24) Fuel consumed or used in the operation of ships,
barges, or vessels that are used primarily in or for the
transportation of property or the conveyance of persons for
hire on rivers bordering on this State if the fuel is delivered
by the seller to the purchaser's barge, ship, or vessel while
it is afloat upon that bordering river.
    (25) Except as provided in item (25-5) of this Section, a
motor vehicle sold in this State to a nonresident even though
the motor vehicle is delivered to the nonresident in this
State, if the motor vehicle is not to be titled in this State,
and if a drive-away permit is issued to the motor vehicle as
provided in Section 3-603 of the Illinois Vehicle Code or if
the nonresident purchaser has vehicle registration plates to
transfer to the motor vehicle upon returning to his or her home
state. The issuance of the drive-away permit or having the
out-of-state registration plates to be transferred is prima
facie evidence that the motor vehicle will not be titled in
this State.
    (25-5) The exemption under item (25) does not apply if the
state in which the motor vehicle will be titled does not allow
a reciprocal exemption for a motor vehicle sold and delivered
in that state to an Illinois resident but titled in Illinois.
The tax collected under this Act on the sale of a motor vehicle
in this State to a resident of another state that does not
allow a reciprocal exemption shall be imposed at a rate equal
to the state's rate of tax on taxable property in the state in
which the purchaser is a resident, except that the tax shall
not exceed the tax that would otherwise be imposed under this
Act. At the time of the sale, the purchaser shall execute a
statement, signed under penalty of perjury, of his or her
intent to title the vehicle in the state in which the purchaser
is a resident within 30 days after the sale and of the fact of
the payment to the State of Illinois of tax in an amount
equivalent to the state's rate of tax on taxable property in
his or her state of residence and shall submit the statement to
the appropriate tax collection agency in his or her state of
residence. In addition, the retailer must retain a signed copy
of the statement in his or her records. Nothing in this item
shall be construed to require the removal of the vehicle from
this state following the filing of an intent to title the
vehicle in the purchaser's state of residence if the purchaser
titles the vehicle in his or her state of residence within 30
days after the date of sale. The tax collected under this Act
in accordance with this item (25-5) shall be proportionately
distributed as if the tax were collected at the 6.25% general
rate imposed under this Act.
    (25-7) Beginning on July 1, 2007, no tax is imposed under
this Act on the sale of an aircraft, as defined in Section 3 of
the Illinois Aeronautics Act, if all of the following
conditions are met:
        (1) the aircraft leaves this State within 15 days after
    the later of either the issuance of the final billing for
    the sale of the aircraft, or the authorized approval for
    return to service, completion of the maintenance record
    entry, and completion of the test flight and ground test
    for inspection, as required by 14 C.F.R. 91.407;
        (2) the aircraft is not based or registered in this
    State after the sale of the aircraft; and
        (3) the seller retains in his or her books and records
    and provides to the Department a signed and dated
    certification from the purchaser, on a form prescribed by
    the Department, certifying that the requirements of this
    item (25-7) are met. The certificate must also include the
    name and address of the purchaser, the address of the
    location where the aircraft is to be titled or registered,
    the address of the primary physical location of the
    aircraft, and other information that the Department may
    reasonably require.
    For purposes of this item (25-7):
    "Based in this State" means hangared, stored, or otherwise
used, excluding post-sale customizations as defined in this
Section, for 10 or more days in each 12-month period
immediately following the date of the sale of the aircraft.
    "Registered in this State" means an aircraft registered
with the Department of Transportation, Aeronautics Division,
or titled or registered with the Federal Aviation
Administration to an address located in this State.
    This paragraph (25-7) is exempt from the provisions of
Section 2-70.
    (26) Semen used for artificial insemination of livestock
for direct agricultural production.
    (27) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (27) is exempt from the provisions
of Section 2-70, and the exemption provided for under this item
(27) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after January 1,
2008 (the effective date of Public Act 95-88) for such taxes
paid during the period beginning May 30, 2000 and ending on
January 1, 2008 (the effective date of Public Act 95-88).
    (28) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
this Act.
    (29) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time of the purchase, to a governmental body that
has been issued an active tax exemption identification number
by the Department under Section 1g of this Act.
    (30) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
    (31) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
    (32) Beginning July 1, 1999, game or game birds sold at a
"game breeding and hunting preserve area" as that term is used
in the Wildlife Code. This paragraph is exempt from the
provisions of Section 2-70.
    (33) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
    (34) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 2-70.
    (35) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 2-70.
    (35-5) Beginning August 23, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or a licensed facility as defined in
the ID/DD Community Care Act or the Specialized Mental Health
Rehabilitation Act of 2013.
    (36) Beginning August 2, 2001, computers and
communications equipment utilized for any hospital purpose and
equipment used in the diagnosis, analysis, or treatment of
hospital patients sold to a lessor who leases the equipment,
under a lease of one year or longer executed or in effect at
the time of the purchase, to a hospital that has been issued an
active tax exemption identification number by the Department
under Section 1g of this Act. This paragraph is exempt from the
provisions of Section 2-70.
    (37) Beginning August 2, 2001, personal property sold to a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time of the purchase, to a
governmental body that has been issued an active tax exemption
identification number by the Department under Section 1g of
this Act. This paragraph is exempt from the provisions of
Section 2-70.
    (38) Beginning on January 1, 2002 and through June 30,
2016, tangible personal property purchased from an Illinois
retailer by a taxpayer engaged in centralized purchasing
activities in Illinois who will, upon receipt of the property
in Illinois, temporarily store the property in Illinois (i) for
the purpose of subsequently transporting it outside this State
for use or consumption thereafter solely outside this State or
(ii) for the purpose of being processed, fabricated, or
manufactured into, attached to, or incorporated into other
tangible personal property to be transported outside this State
and thereafter used or consumed solely outside this State. The
Director of Revenue shall, pursuant to rules adopted in
accordance with the Illinois Administrative Procedure Act,
issue a permit to any taxpayer in good standing with the
Department who is eligible for the exemption under this
paragraph (38). The permit issued under this paragraph (38)
shall authorize the holder, to the extent and in the manner
specified in the rules adopted under this Act, to purchase
tangible personal property from a retailer exempt from the
taxes imposed by this Act. Taxpayers shall maintain all
necessary books and records to substantiate the use and
consumption of all such tangible personal property outside of
the State of Illinois.
    (39) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 2-70.
    (40) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to those organizations that
(i) hold an Air Agency Certificate and are empowered to operate
an approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation
Regulations. The exemption does not include aircraft operated
by a commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations.
    (41) Tangible personal property sold to a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 2-70.
(Source: P.A. 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;
96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.
7-2-10; 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227, eff.
1-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff.
7-9-12.)
 
    Section 6-160. The Property Tax Code is amended by changing
Sections 15-168, 15-170, and 15-172 as follows:
 
    (35 ILCS 200/15-168)
    Sec. 15-168. Disabled persons' homestead exemption.
    (a) Beginning with taxable year 2007, an annual homestead
exemption is granted to disabled persons in the amount of
$2,000, except as provided in subsection (c), to be deducted
from the property's value as equalized or assessed by the
Department of Revenue. The disabled person shall receive the
homestead exemption upon meeting the following requirements:
        (1) The property must be occupied as the primary
    residence by the disabled person.
        (2) The disabled person must be liable for paying the
    real estate taxes on the property.
        (3) The disabled person must be an owner of record of
    the property or have a legal or equitable interest in the
    property as evidenced by a written instrument. In the case
    of a leasehold interest in property, the lease must be for
    a single family residence.
    A person who is disabled during the taxable year is
eligible to apply for this homestead exemption during that
taxable year. Application must be made during the application
period in effect for the county of residence. If a homestead
exemption has been granted under this Section and the person
awarded the exemption subsequently becomes a resident of a
facility licensed under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
ID/DD Community Care Act, then the exemption shall continue (i)
so long as the residence continues to be occupied by the
qualifying person's spouse or (ii) if the residence remains
unoccupied but is still owned by the person qualified for the
homestead exemption.
    (b) For the purposes of this Section, "disabled person"
means a person unable to engage in any substantial gainful
activity by reason of a medically determinable physical or
mental impairment which can be expected to result in death or
has lasted or can be expected to last for a continuous period
of not less than 12 months. Disabled persons filing claims
under this Act shall submit proof of disability in such form
and manner as the Department shall by rule and regulation
prescribe. Proof that a claimant is eligible to receive
disability benefits under the Federal Social Security Act shall
constitute proof of disability for purposes of this Act.
Issuance of an Illinois Person with a Disability Identification
Card stating that the claimant is under a Class 2 disability,
as defined in Section 4A of the Illinois Identification Card
Act, shall constitute proof that the person named thereon is a
disabled person for purposes of this Act. A disabled person not
covered under the Federal Social Security Act and not
presenting an Illinois Person with a Disability Identification
Card stating that the claimant is under a Class 2 disability
shall be examined by a physician designated by the Department,
and his status as a disabled person determined using the same
standards as used by the Social Security Administration. The
costs of any required examination shall be borne by the
claimant.
    (c) For land improved with (i) an apartment building owned
and operated as a cooperative or (ii) a life care facility as
defined under Section 2 of the Life Care Facilities Act that is
considered to be a cooperative, the maximum reduction from the
value of the property, as equalized or assessed by the
Department, shall be multiplied by the number of apartments or
units occupied by a disabled person. The disabled person shall
receive the homestead exemption upon meeting the following
requirements:
        (1) The property must be occupied as the primary
    residence by the disabled person.
        (2) The disabled person must be liable by contract with
    the owner or owners of record for paying the apportioned
    property taxes on the property of the cooperative or life
    care facility. In the case of a life care facility, the
    disabled person must be liable for paying the apportioned
    property taxes under a life care contract as defined in
    Section 2 of the Life Care Facilities Act.
        (3) The disabled person must be an owner of record of a
    legal or equitable interest in the cooperative apartment
    building. A leasehold interest does not meet this
    requirement.
If a homestead exemption is granted under this subsection, the
cooperative association or management firm shall credit the
savings resulting from the exemption to the apportioned tax
liability of the qualifying disabled person. The chief county
assessment officer may request reasonable proof that the
association or firm has properly credited the exemption. A
person who willfully refuses to credit an exemption to the
qualified disabled person is guilty of a Class B misdemeanor.
    (d) The chief county assessment officer shall determine the
eligibility of property to receive the homestead exemption
according to guidelines established by the Department. After a
person has received an exemption under this Section, an annual
verification of eligibility for the exemption shall be mailed
to the taxpayer.
    In counties with fewer than 3,000,000 inhabitants, the
chief county assessment officer shall provide to each person
granted a homestead exemption under this Section a form to
designate any other person to receive a duplicate of any notice
of delinquency in the payment of taxes assessed and levied
under this Code on the person's qualifying property. The
duplicate notice shall be in addition to the notice required to
be provided to the person receiving the exemption and shall be
given in the manner required by this Code. The person filing
the request for the duplicate notice shall pay an
administrative fee of $5 to the chief county assessment
officer. The assessment officer shall then file the executed
designation with the county collector, who shall issue the
duplicate notices as indicated by the designation. A
designation may be rescinded by the disabled person in the
manner required by the chief county assessment officer.
    (e) A taxpayer who claims an exemption under Section 15-165
or 15-169 may not claim an exemption under this Section.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13.)
 
    (35 ILCS 200/15-170)
    Sec. 15-170. Senior Citizens Homestead Exemption. An
annual homestead exemption limited, except as described here
with relation to cooperatives or life care facilities, to a
maximum reduction set forth below from the property's value, as
equalized or assessed by the Department, is granted for
property that is occupied as a residence by a person 65 years
of age or older who is liable for paying real estate taxes on
the property and is an owner of record of the property or has a
legal or equitable interest therein as evidenced by a written
instrument, except for a leasehold interest, other than a
leasehold interest of land on which a single family residence
is located, which is occupied as a residence by a person 65
years or older who has an ownership interest therein, legal,
equitable or as a lessee, and on which he or she is liable for
the payment of property taxes. Before taxable year 2004, the
maximum reduction shall be $2,500 in counties with 3,000,000 or
more inhabitants and $2,000 in all other counties. For taxable
years 2004 through 2005, the maximum reduction shall be $3,000
in all counties. For taxable years 2006 and 2007, the maximum
reduction shall be $3,500 and, for taxable years 2008 and
thereafter, the maximum reduction is $4,000 in all counties.
    For land improved with an apartment building owned and
operated as a cooperative, the maximum reduction from the value
of the property, as equalized by the Department, shall be
multiplied by the number of apartments or units occupied by a
person 65 years of age or older who is liable, by contract with
the owner or owners of record, for paying property taxes on the
property and is an owner of record of a legal or equitable
interest in the cooperative apartment building, other than a
leasehold interest. For land improved with a life care
facility, the maximum reduction from the value of the property,
as equalized by the Department, shall be multiplied by the
number of apartments or units occupied by persons 65 years of
age or older, irrespective of any legal, equitable, or
leasehold interest in the facility, who are liable, under a
contract with the owner or owners of record of the facility,
for paying property taxes on the property. In a cooperative or
a life care facility where a homestead exemption has been
granted, the cooperative association or the management firm of
the cooperative or facility shall credit the savings resulting
from that exemption only to the apportioned tax liability of
the owner or resident who qualified for the exemption. Any
person who willfully refuses to so credit the savings shall be
guilty of a Class B misdemeanor. Under this Section and
Sections 15-175, 15-176, and 15-177, "life care facility" means
a facility, as defined in Section 2 of the Life Care Facilities
Act, with which the applicant for the homestead exemption has a
life care contract as defined in that Act.
    When a homestead exemption has been granted under this
Section and the person qualifying subsequently becomes a
resident of a facility licensed under the Assisted Living and
Shared Housing Act, the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the ID/DD
Community Care Act, the exemption shall continue so long as the
residence continues to be occupied by the qualifying person's
spouse if the spouse is 65 years of age or older, or if the
residence remains unoccupied but is still owned by the person
qualified for the homestead exemption.
    A person who will be 65 years of age during the current
assessment year shall be eligible to apply for the homestead
exemption during that assessment year. Application shall be
made during the application period in effect for the county of
his residence.
    Beginning with assessment year 2003, for taxes payable in
2004, property that is first occupied as a residence after
January 1 of any assessment year by a person who is eligible
for the senior citizens homestead exemption under this Section
must be granted a pro-rata exemption for the assessment year.
The amount of the pro-rata exemption is the exemption allowed
in the county under this Section divided by 365 and multiplied
by the number of days during the assessment year the property
is occupied as a residence by a person eligible for the
exemption under this Section. The chief county assessment
officer must adopt reasonable procedures to establish
eligibility for this pro-rata exemption.
    The assessor or chief county assessment officer may
determine the eligibility of a life care facility to receive
the benefits provided by this Section, by affidavit,
application, visual inspection, questionnaire or other
reasonable methods in order to insure that the tax savings
resulting from the exemption are credited by the management
firm to the apportioned tax liability of each qualifying
resident. The assessor may request reasonable proof that the
management firm has so credited the exemption.
    The chief county assessment officer of each county with
less than 3,000,000 inhabitants shall provide to each person
allowed a homestead exemption under this Section a form to
designate any other person to receive a duplicate of any notice
of delinquency in the payment of taxes assessed and levied
under this Code on the property of the person receiving the
exemption. The duplicate notice shall be in addition to the
notice required to be provided to the person receiving the
exemption, and shall be given in the manner required by this
Code. The person filing the request for the duplicate notice
shall pay a fee of $5 to cover administrative costs to the
supervisor of assessments, who shall then file the executed
designation with the county collector. Notwithstanding any
other provision of this Code to the contrary, the filing of
such an executed designation requires the county collector to
provide duplicate notices as indicated by the designation. A
designation may be rescinded by the person who executed such
designation at any time, in the manner and form required by the
chief county assessment officer.
    The assessor or chief county assessment officer may
determine the eligibility of residential property to receive
the homestead exemption provided by this Section by
application, visual inspection, questionnaire or other
reasonable methods. The determination shall be made in
accordance with guidelines established by the Department.
    In counties with 3,000,000 or more inhabitants, beginning
in taxable year 2010, each taxpayer who has been granted an
exemption under this Section must reapply on an annual basis.
The chief county assessment officer shall mail the application
to the taxpayer. In counties with less than 3,000,000
inhabitants, the county board may by resolution provide that if
a person has been granted a homestead exemption under this
Section, the person qualifying need not reapply for the
exemption.
    In counties with less than 3,000,000 inhabitants, if the
assessor or chief county assessment officer requires annual
application for verification of eligibility for an exemption
once granted under this Section, the application shall be
mailed to the taxpayer.
    The assessor or chief county assessment officer shall
notify each person who qualifies for an exemption under this
Section that the person may also qualify for deferral of real
estate taxes under the Senior Citizens Real Estate Tax Deferral
Act. The notice shall set forth the qualifications needed for
deferral of real estate taxes, the address and telephone number
of county collector, and a statement that applications for
deferral of real estate taxes may be obtained from the county
collector.
    Notwithstanding Sections 6 and 8 of the State Mandates Act,
no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1418, eff. 8-2-10; 97-38, eff.
6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (35 ILCS 200/15-172)
    Sec. 15-172. Senior Citizens Assessment Freeze Homestead
Exemption.
    (a) This Section may be cited as the Senior Citizens
Assessment Freeze Homestead Exemption.
    (b) As used in this Section:
    "Applicant" means an individual who has filed an
application under this Section.
    "Base amount" means the base year equalized assessed value
of the residence plus the first year's equalized assessed value
of any added improvements which increased the assessed value of
the residence after the base year.
    "Base year" means the taxable year prior to the taxable
year for which the applicant first qualifies and applies for
the exemption provided that in the prior taxable year the
property was improved with a permanent structure that was
occupied as a residence by the applicant who was liable for
paying real property taxes on the property and who was either
(i) an owner of record of the property or had legal or
equitable interest in the property as evidenced by a written
instrument or (ii) had a legal or equitable interest as a
lessee in the parcel of property that was single family
residence. If in any subsequent taxable year for which the
applicant applies and qualifies for the exemption the equalized
assessed value of the residence is less than the equalized
assessed value in the existing base year (provided that such
equalized assessed value is not based on an assessed value that
results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years), then
that subsequent taxable year shall become the base year until a
new base year is established under the terms of this paragraph.
For taxable year 1999 only, the Chief County Assessment Officer
shall review (i) all taxable years for which the applicant
applied and qualified for the exemption and (ii) the existing
base year. The assessment officer shall select as the new base
year the year with the lowest equalized assessed value. An
equalized assessed value that is based on an assessed value
that results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years shall
not be considered the lowest equalized assessed value. The
selected year shall be the base year for taxable year 1999 and
thereafter until a new base year is established under the terms
of this paragraph.
    "Chief County Assessment Officer" means the County
Assessor or Supervisor of Assessments of the county in which
the property is located.
    "Equalized assessed value" means the assessed value as
equalized by the Illinois Department of Revenue.
    "Household" means the applicant, the spouse of the
applicant, and all persons using the residence of the applicant
as their principal place of residence.
    "Household income" means the combined income of the members
of a household for the calendar year preceding the taxable
year.
    "Income" has the same meaning as provided in Section 3.07
of the Senior Citizens and Disabled Persons Property Tax Relief
Act, except that, beginning in assessment year 2001, "income"
does not include veteran's benefits.
    "Internal Revenue Code of 1986" means the United States
Internal Revenue Code of 1986 or any successor law or laws
relating to federal income taxes in effect for the year
preceding the taxable year.
    "Life care facility that qualifies as a cooperative" means
a facility as defined in Section 2 of the Life Care Facilities
Act.
    "Maximum income limitation" means:
        (1) $35,000 prior to taxable year 1999;
        (2) $40,000 in taxable years 1999 through 2003;
        (3) $45,000 in taxable years 2004 through 2005;
        (4) $50,000 in taxable years 2006 and 2007; and
        (5) $55,000 in taxable year 2008 and thereafter.
    "Residence" means the principal dwelling place and
appurtenant structures used for residential purposes in this
State occupied on January 1 of the taxable year by a household
and so much of the surrounding land, constituting the parcel
upon which the dwelling place is situated, as is used for
residential purposes. If the Chief County Assessment Officer
has established a specific legal description for a portion of
property constituting the residence, then that portion of
property shall be deemed the residence for the purposes of this
Section.
    "Taxable year" means the calendar year during which ad
valorem property taxes payable in the next succeeding year are
levied.
    (c) Beginning in taxable year 1994, a senior citizens
assessment freeze homestead exemption is granted for real
property that is improved with a permanent structure that is
occupied as a residence by an applicant who (i) is 65 years of
age or older during the taxable year, (ii) has a household
income that does not exceed the maximum income limitation,
(iii) is liable for paying real property taxes on the property,
and (iv) is an owner of record of the property or has a legal or
equitable interest in the property as evidenced by a written
instrument. This homestead exemption shall also apply to a
leasehold interest in a parcel of property improved with a
permanent structure that is a single family residence that is
occupied as a residence by a person who (i) is 65 years of age
or older during the taxable year, (ii) has a household income
that does not exceed the maximum income limitation, (iii) has a
legal or equitable ownership interest in the property as
lessee, and (iv) is liable for the payment of real property
taxes on that property.
    In counties of 3,000,000 or more inhabitants, the amount of
the exemption for all taxable years is the equalized assessed
value of the residence in the taxable year for which
application is made minus the base amount. In all other
counties, the amount of the exemption is as follows: (i)
through taxable year 2005 and for taxable year 2007 and
thereafter, the amount of this exemption shall be the equalized
assessed value of the residence in the taxable year for which
application is made minus the base amount; and (ii) for taxable
year 2006, the amount of the exemption is as follows:
        (1) For an applicant who has a household income of
    $45,000 or less, the amount of the exemption is the
    equalized assessed value of the residence in the taxable
    year for which application is made minus the base amount.
        (2) For an applicant who has a household income
    exceeding $45,000 but not exceeding $46,250, the amount of
    the exemption is (i) the equalized assessed value of the
    residence in the taxable year for which application is made
    minus the base amount (ii) multiplied by 0.8.
        (3) For an applicant who has a household income
    exceeding $46,250 but not exceeding $47,500, the amount of
    the exemption is (i) the equalized assessed value of the
    residence in the taxable year for which application is made
    minus the base amount (ii) multiplied by 0.6.
        (4) For an applicant who has a household income
    exceeding $47,500 but not exceeding $48,750, the amount of
    the exemption is (i) the equalized assessed value of the
    residence in the taxable year for which application is made
    minus the base amount (ii) multiplied by 0.4.
        (5) For an applicant who has a household income
    exceeding $48,750 but not exceeding $50,000, the amount of
    the exemption is (i) the equalized assessed value of the
    residence in the taxable year for which application is made
    minus the base amount (ii) multiplied by 0.2.
    When the applicant is a surviving spouse of an applicant
for a prior year for the same residence for which an exemption
under this Section has been granted, the base year and base
amount for that residence are the same as for the applicant for
the prior year.
    Each year at the time the assessment books are certified to
the County Clerk, the Board of Review or Board of Appeals shall
give to the County Clerk a list of the assessed values of
improvements on each parcel qualifying for this exemption that
were added after the base year for this parcel and that
increased the assessed value of the property.
    In the case of land improved with an apartment building
owned and operated as a cooperative or a building that is a
life care facility that qualifies as a cooperative, the maximum
reduction from the equalized assessed value of the property is
limited to the sum of the reductions calculated for each unit
occupied as a residence by a person or persons (i) 65 years of
age or older, (ii) with a household income that does not exceed
the maximum income limitation, (iii) who is liable, by contract
with the owner or owners of record, for paying real property
taxes on the property, and (iv) who is an owner of record of a
legal or equitable interest in the cooperative apartment
building, other than a leasehold interest. In the instance of a
cooperative where a homestead exemption has been granted under
this Section, the cooperative association or its management
firm shall credit the savings resulting from that exemption
only to the apportioned tax liability of the owner who
qualified for the exemption. Any person who willfully refuses
to credit that savings to an owner who qualifies for the
exemption is guilty of a Class B misdemeanor.
    When a homestead exemption has been granted under this
Section and an applicant then becomes a resident of a facility
licensed under the Assisted Living and Shared Housing Act, the
Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act,
the exemption shall be granted in subsequent years so long as
the residence (i) continues to be occupied by the qualified
applicant's spouse or (ii) if remaining unoccupied, is still
owned by the qualified applicant for the homestead exemption.
    Beginning January 1, 1997, when an individual dies who
would have qualified for an exemption under this Section, and
the surviving spouse does not independently qualify for this
exemption because of age, the exemption under this Section
shall be granted to the surviving spouse for the taxable year
preceding and the taxable year of the death, provided that,
except for age, the surviving spouse meets all other
qualifications for the granting of this exemption for those
years.
    When married persons maintain separate residences, the
exemption provided for in this Section may be claimed by only
one of such persons and for only one residence.
    For taxable year 1994 only, in counties having less than
3,000,000 inhabitants, to receive the exemption, a person shall
submit an application by February 15, 1995 to the Chief County
Assessment Officer of the county in which the property is
located. In counties having 3,000,000 or more inhabitants, for
taxable year 1994 and all subsequent taxable years, to receive
the exemption, a person may submit an application to the Chief
County Assessment Officer of the county in which the property
is located during such period as may be specified by the Chief
County Assessment Officer. The Chief County Assessment Officer
in counties of 3,000,000 or more inhabitants shall annually
give notice of the application period by mail or by
publication. In counties having less than 3,000,000
inhabitants, beginning with taxable year 1995 and thereafter,
to receive the exemption, a person shall submit an application
by July 1 of each taxable year to the Chief County Assessment
Officer of the county in which the property is located. A
county may, by ordinance, establish a date for submission of
applications that is different than July 1. The applicant shall
submit with the application an affidavit of the applicant's
total household income, age, marital status (and if married the
name and address of the applicant's spouse, if known), and
principal dwelling place of members of the household on January
1 of the taxable year. The Department shall establish, by rule,
a method for verifying the accuracy of affidavits filed by
applicants under this Section, and the Chief County Assessment
Officer may conduct audits of any taxpayer claiming an
exemption under this Section to verify that the taxpayer is
eligible to receive the exemption. Each application shall
contain or be verified by a written declaration that it is made
under the penalties of perjury. A taxpayer's signing a
fraudulent application under this Act is perjury, as defined in
Section 32-2 of the Criminal Code of 2012. The applications
shall be clearly marked as applications for the Senior Citizens
Assessment Freeze Homestead Exemption and must contain a notice
that any taxpayer who receives the exemption is subject to an
audit by the Chief County Assessment Officer.
    Notwithstanding any other provision to the contrary, in
counties having fewer than 3,000,000 inhabitants, if an
applicant fails to file the application required by this
Section in a timely manner and this failure to file is due to a
mental or physical condition sufficiently severe so as to
render the applicant incapable of filing the application in a
timely manner, the Chief County Assessment Officer may extend
the filing deadline for a period of 30 days after the applicant
regains the capability to file the application, but in no case
may the filing deadline be extended beyond 3 months of the
original filing deadline. In order to receive the extension
provided in this paragraph, the applicant shall provide the
Chief County Assessment Officer with a signed statement from
the applicant's physician stating the nature and extent of the
condition, that, in the physician's opinion, the condition was
so severe that it rendered the applicant incapable of filing
the application in a timely manner, and the date on which the
applicant regained the capability to file the application.
    Beginning January 1, 1998, notwithstanding any other
provision to the contrary, in counties having fewer than
3,000,000 inhabitants, if an applicant fails to file the
application required by this Section in a timely manner and
this failure to file is due to a mental or physical condition
sufficiently severe so as to render the applicant incapable of
filing the application in a timely manner, the Chief County
Assessment Officer may extend the filing deadline for a period
of 3 months. In order to receive the extension provided in this
paragraph, the applicant shall provide the Chief County
Assessment Officer with a signed statement from the applicant's
physician stating the nature and extent of the condition, and
that, in the physician's opinion, the condition was so severe
that it rendered the applicant incapable of filing the
application in a timely manner.
    In counties having less than 3,000,000 inhabitants, if an
applicant was denied an exemption in taxable year 1994 and the
denial occurred due to an error on the part of an assessment
official, or his or her agent or employee, then beginning in
taxable year 1997 the applicant's base year, for purposes of
determining the amount of the exemption, shall be 1993 rather
than 1994. In addition, in taxable year 1997, the applicant's
exemption shall also include an amount equal to (i) the amount
of any exemption denied to the applicant in taxable year 1995
as a result of using 1994, rather than 1993, as the base year,
(ii) the amount of any exemption denied to the applicant in
taxable year 1996 as a result of using 1994, rather than 1993,
as the base year, and (iii) the amount of the exemption
erroneously denied for taxable year 1994.
    For purposes of this Section, a person who will be 65 years
of age during the current taxable year shall be eligible to
apply for the homestead exemption during that taxable year.
Application shall be made during the application period in
effect for the county of his or her residence.
    The Chief County Assessment Officer may determine the
eligibility of a life care facility that qualifies as a
cooperative to receive the benefits provided by this Section by
use of an affidavit, application, visual inspection,
questionnaire, or other reasonable method in order to insure
that the tax savings resulting from the exemption are credited
by the management firm to the apportioned tax liability of each
qualifying resident. The Chief County Assessment Officer may
request reasonable proof that the management firm has so
credited that exemption.
    Except as provided in this Section, all information
received by the chief county assessment officer or the
Department from applications filed under this Section, or from
any investigation conducted under the provisions of this
Section, shall be confidential, except for official purposes or
pursuant to official procedures for collection of any State or
local tax or enforcement of any civil or criminal penalty or
sanction imposed by this Act or by any statute or ordinance
imposing a State or local tax. Any person who divulges any such
information in any manner, except in accordance with a proper
judicial order, is guilty of a Class A misdemeanor.
    Nothing contained in this Section shall prevent the
Director or chief county assessment officer from publishing or
making available reasonable statistics concerning the
operation of the exemption contained in this Section in which
the contents of claims are grouped into aggregates in such a
way that information contained in any individual claim shall
not be disclosed.
    (d) Each Chief County Assessment Officer shall annually
publish a notice of availability of the exemption provided
under this Section. The notice shall be published at least 60
days but no more than 75 days prior to the date on which the
application must be submitted to the Chief County Assessment
Officer of the county in which the property is located. The
notice shall appear in a newspaper of general circulation in
the county.
    Notwithstanding Sections 6 and 8 of the State Mandates Act,
no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
97-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-1150, eff.
1-25-13.)
 
    Section 6-165. The Regional Transportation Authority Act
is amended by changing Section 4.03 as follows:
 
    (70 ILCS 3615/4.03)  (from Ch. 111 2/3, par. 704.03)
    Sec. 4.03. Taxes.
    (a) In order to carry out any of the powers or purposes of
the Authority, the Board may by ordinance adopted with the
concurrence of 12 of the then Directors, impose throughout the
metropolitan region any or all of the taxes provided in this
Section. Except as otherwise provided in this Act, taxes
imposed under this Section and civil penalties imposed incident
thereto shall be collected and enforced by the State Department
of Revenue. The Department shall have the power to administer
and enforce the taxes and to determine all rights for refunds
for erroneous payments of the taxes. Nothing in this amendatory
Act of the 95th General Assembly is intended to invalidate any
taxes currently imposed by the Authority. The increased vote
requirements to impose a tax shall only apply to actions taken
after the effective date of this amendatory Act of the 95th
General Assembly.
    (b) The Board may impose a public transportation tax upon
all persons engaged in the metropolitan region in the business
of selling at retail motor fuel for operation of motor vehicles
upon public highways. The tax shall be at a rate not to exceed
5% of the gross receipts from the sales of motor fuel in the
course of the business. As used in this Act, the term "motor
fuel" shall have the same meaning as in the Motor Fuel Tax Law.
The Board may provide for details of the tax. The provisions of
any tax shall conform, as closely as may be practicable, to the
provisions of the Municipal Retailers Occupation Tax Act,
including without limitation, conformity to penalties with
respect to the tax imposed and as to the powers of the State
Department of Revenue to promulgate and enforce rules and
regulations relating to the administration and enforcement of
the provisions of the tax imposed, except that reference in the
Act to any municipality shall refer to the Authority and the
tax shall be imposed only with regard to receipts from sales of
motor fuel in the metropolitan region, at rates as limited by
this Section.
    (c) In connection with the tax imposed under paragraph (b)
of this Section the Board may impose a tax upon the privilege
of using in the metropolitan region motor fuel for the
operation of a motor vehicle upon public highways, the tax to
be at a rate not in excess of the rate of tax imposed under
paragraph (b) of this Section. The Board may provide for
details of the tax.
    (d) The Board may impose a motor vehicle parking tax upon
the privilege of parking motor vehicles at off-street parking
facilities in the metropolitan region at which a fee is
charged, and may provide for reasonable classifications in and
exemptions to the tax, for administration and enforcement
thereof and for civil penalties and refunds thereunder and may
provide criminal penalties thereunder, the maximum penalties
not to exceed the maximum criminal penalties provided in the
Retailers' Occupation Tax Act. The Authority may collect and
enforce the tax itself or by contract with any unit of local
government. The State Department of Revenue shall have no
responsibility for the collection and enforcement unless the
Department agrees with the Authority to undertake the
collection and enforcement. As used in this paragraph, the term
"parking facility" means a parking area or structure having
parking spaces for more than 2 vehicles at which motor vehicles
are permitted to park in return for an hourly, daily, or other
periodic fee, whether publicly or privately owned, but does not
include parking spaces on a public street, the use of which is
regulated by parking meters.
    (e) The Board may impose a Regional Transportation
Authority Retailers' Occupation Tax upon all persons engaged in
the business of selling tangible personal property at retail in
the metropolitan region. In Cook County the tax rate shall be
1.25% of the gross receipts from sales of food for human
consumption that is to be consumed off the premises where it is
sold (other than alcoholic beverages, soft drinks and food that
has been prepared for immediate consumption) and prescription
and nonprescription medicines, drugs, medical appliances and
insulin, urine testing materials, syringes and needles used by
diabetics, and 1% of the gross receipts from other taxable
sales made in the course of that business. In DuPage, Kane,
Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
of the gross receipts from all taxable sales made in the course
of that business. The tax imposed under this Section and all
civil penalties that may be assessed as an incident thereof
shall be collected and enforced by the State Department of
Revenue. The Department shall have full power to administer and
enforce this Section; to collect all taxes and penalties so
collected in the manner hereinafter provided; and to determine
all rights to credit memoranda arising on account of the
erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with this Section, the
Department and persons who are subject to this Section shall
have the same rights, remedies, privileges, immunities, powers
and duties, and be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions
and definitions of terms, and employ the same modes of
procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
therein other than the State rate of tax), 2c, 3 (except as to
the disposition of taxes and penalties collected), 4, 5, 5a,
5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8,
9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and
Section 3-7 of the Uniform Penalty and Interest Act, as fully
as if those provisions were set forth herein.
    Persons subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
seller's tax liability hereunder by separately stating the tax
as an additional charge, which charge may be stated in
combination in a single amount with State taxes that sellers
are required to collect under the Use Tax Act, under any
bracket schedules the Department may prescribe.
    Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Regional Transportation Authority tax fund
established under paragraph (n) of this Section.
    If a tax is imposed under this subsection (e), a tax shall
also be imposed under subsections (f) and (g) of this Section.
    For the purpose of determining whether a tax authorized
under this Section is applicable, a retail sale by a producer
of coal or other mineral mined in Illinois, is a sale at retail
at the place where the coal or other mineral mined in Illinois
is extracted from the earth. This paragraph does not apply to
coal or other mineral when it is delivered or shipped by the
seller to the purchaser at a point outside Illinois so that the
sale is exempt under the Federal Constitution as a sale in
interstate or foreign commerce.
    No tax shall be imposed or collected under this subsection
on the sale of a motor vehicle in this State to a resident of
another state if that motor vehicle will not be titled in this
State.
    Nothing in this Section shall be construed to authorize the
Regional Transportation Authority to impose a tax upon the
privilege of engaging in any business that under the
Constitution of the United States may not be made the subject
of taxation by this State.
    (f) If a tax has been imposed under paragraph (e), a
Regional Transportation Authority Service Occupation Tax shall
also be imposed upon all persons engaged, in the metropolitan
region in the business of making sales of service, who as an
incident to making the sales of service, transfer tangible
personal property within the metropolitan region, either in the
form of tangible personal property or in the form of real
estate as an incident to a sale of service. In Cook County, the
tax rate shall be: (1) 1.25% of the serviceman's cost price of
food prepared for immediate consumption and transferred
incident to a sale of service subject to the service occupation
tax by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act
that is located in the metropolitan region; (2) 1.25% of the
selling price of food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks and food that has been
prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances and
insulin, urine testing materials, syringes and needles used by
diabetics; and (3) 1% of the selling price from other taxable
sales of tangible personal property transferred. In DuPage,
Kane, Lake, McHenry and Will Counties the rate shall be 0.75%
of the selling price of all tangible personal property
transferred.
    The tax imposed under this paragraph and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the State Department of Revenue. The
Department shall have full power to administer and enforce this
paragraph; to collect all taxes and penalties due hereunder; to
dispose of taxes and penalties collected in the manner
hereinafter provided; and to determine all rights to credit
memoranda arising on account of the erroneous payment of tax or
penalty hereunder. In the administration of and compliance with
this paragraph, the Department and persons who are subject to
this paragraph shall have the same rights, remedies,
privileges, immunities, powers and duties, and be subject to
the same conditions, restrictions, limitations, penalties,
exclusions, exemptions and definitions of terms, and employ the
same modes of procedure, as are prescribed in Sections 1a-1, 2,
2a, 3 through 3-50 (in respect to all provisions therein other
than the State rate of tax), 4 (except that the reference to
the State shall be to the Authority), 5, 7, 8 (except that the
jurisdiction to which the tax shall be a debt to the extent
indicated in that Section 8 shall be the Authority), 9 (except
as to the disposition of taxes and penalties collected, and
except that the returned merchandise credit for this tax may
not be taken against any State tax), 10, 11, 12 (except the
reference therein to Section 2b of the Retailers' Occupation
Tax Act), 13 (except that any reference to the State shall mean
the Authority), the first paragraph of Section 15, 16, 17, 18,
19 and 20 of the Service Occupation Tax Act and Section 3-7 of
the Uniform Penalty and Interest Act, as fully as if those
provisions were set forth herein.
    Persons subject to any tax imposed under the authority
granted in this paragraph may reimburse themselves for their
serviceman's tax liability hereunder by separately stating the
tax as an additional charge, that charge may be stated in
combination in a single amount with State tax that servicemen
are authorized to collect under the Service Use Tax Act, under
any bracket schedules the Department may prescribe.
    Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Regional Transportation Authority tax fund
established under paragraph (n) of this Section.
    Nothing in this paragraph shall be construed to authorize
the Authority to impose a tax upon the privilege of engaging in
any business that under the Constitution of the United States
may not be made the subject of taxation by the State.
    (g) If a tax has been imposed under paragraph (e), a tax
shall also be imposed upon the privilege of using in the
metropolitan region, any item of tangible personal property
that is purchased outside the metropolitan region at retail
from a retailer, and that is titled or registered with an
agency of this State's government. In Cook County the tax rate
shall be 1% of the selling price of the tangible personal
property, as "selling price" is defined in the Use Tax Act. In
DuPage, Kane, Lake, McHenry and Will counties the tax rate
shall be 0.75% of the selling price of the tangible personal
property, as "selling price" is defined in the Use Tax Act. The
tax shall be collected from persons whose Illinois address for
titling or registration purposes is given as being in the
metropolitan region. The tax shall be collected by the
Department of Revenue for the Regional Transportation
Authority. The tax must be paid to the State, or an exemption
determination must be obtained from the Department of Revenue,
before the title or certificate of registration for the
property may be issued. The tax or proof of exemption may be
transmitted to the Department by way of the State agency with
which, or the State officer with whom, the tangible personal
property must be titled or registered if the Department and the
State agency or State officer determine that this procedure
will expedite the processing of applications for title or
registration.
    The Department shall have full power to administer and
enforce this paragraph; to collect all taxes, penalties and
interest due hereunder; to dispose of taxes, penalties and
interest collected in the manner hereinafter provided; and to
determine all rights to credit memoranda or refunds arising on
account of the erroneous payment of tax, penalty or interest
hereunder. In the administration of and compliance with this
paragraph, the Department and persons who are subject to this
paragraph shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties, exclusions,
exemptions and definitions of terms and employ the same modes
of procedure, as are prescribed in Sections 2 (except the
definition of "retailer maintaining a place of business in this
State"), 3 through 3-80 (except provisions pertaining to the
State rate of tax, and except provisions concerning collection
or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
19 (except the portions pertaining to claims by retailers and
except the last paragraph concerning refunds), 20, 21 and 22 of
the Use Tax Act, and are not inconsistent with this paragraph,
as fully as if those provisions were set forth herein.
    Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Regional Transportation Authority tax fund
established under paragraph (n) of this Section.
    (h) The Authority may impose a replacement vehicle tax of
$50 on any passenger car as defined in Section 1-157 of the
Illinois Vehicle Code purchased within the metropolitan region
by or on behalf of an insurance company to replace a passenger
car of an insured person in settlement of a total loss claim.
The tax imposed may not become effective before the first day
of the month following the passage of the ordinance imposing
the tax and receipt of a certified copy of the ordinance by the
Department of Revenue. The Department of Revenue shall collect
the tax for the Authority in accordance with Sections 3-2002
and 3-2003 of the Illinois Vehicle Code.
    The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes collected
hereunder.
    As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
    After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to the Authority. The
amount to be paid to the Authority shall be the amount
collected hereunder during the second preceding calendar month
by the Department, less any amount determined by the Department
to be necessary for the payment of refunds, and less any
amounts that are transferred to the STAR Bonds Revenue Fund.
Within 10 days after receipt by the Comptroller of the
disbursement certification to the Authority provided for in
this Section to be given to the Comptroller by the Department,
the Comptroller shall cause the orders to be drawn for that
amount in accordance with the directions contained in the
certification.
    (i) The Board may not impose any other taxes except as it
may from time to time be authorized by law to impose.
    (j) A certificate of registration issued by the State
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act or under the Service Occupation Tax Act
shall permit the registrant to engage in a business that is
taxed under the tax imposed under paragraphs (b), (e), (f) or
(g) of this Section and no additional registration shall be
required under the tax. A certificate issued under the Use Tax
Act or the Service Use Tax Act shall be applicable with regard
to any tax imposed under paragraph (c) of this Section.
    (k) The provisions of any tax imposed under paragraph (c)
of this Section shall conform as closely as may be practicable
to the provisions of the Use Tax Act, including without
limitation conformity as to penalties with respect to the tax
imposed and as to the powers of the State Department of Revenue
to promulgate and enforce rules and regulations relating to the
administration and enforcement of the provisions of the tax
imposed. The taxes shall be imposed only on use within the
metropolitan region and at rates as provided in the paragraph.
    (l) The Board in imposing any tax as provided in paragraphs
(b) and (c) of this Section, shall, after seeking the advice of
the State Department of Revenue, provide means for retailers,
users or purchasers of motor fuel for purposes other than those
with regard to which the taxes may be imposed as provided in
those paragraphs to receive refunds of taxes improperly paid,
which provisions may be at variance with the refund provisions
as applicable under the Municipal Retailers Occupation Tax Act.
The State Department of Revenue may provide for certificates of
registration for users or purchasers of motor fuel for purposes
other than those with regard to which taxes may be imposed as
provided in paragraphs (b) and (c) of this Section to
facilitate the reporting and nontaxability of the exempt sales
or uses.
    (m) Any ordinance imposing or discontinuing any tax under
this Section shall be adopted and a certified copy thereof
filed with the Department on or before June 1, whereupon the
Department of Revenue shall proceed to administer and enforce
this Section on behalf of the Regional Transportation Authority
as of September 1 next following such adoption and filing.
Beginning January 1, 1992, an ordinance or resolution imposing
or discontinuing the tax hereunder shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of July, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of
October next following such adoption and filing. Beginning
January 1, 1993, an ordinance or resolution imposing,
increasing, decreasing, or discontinuing the tax hereunder
shall be adopted and a certified copy thereof filed with the
Department, whereupon the Department shall proceed to
administer and enforce this Section as of the first day of the
first month to occur not less than 60 days following such
adoption and filing. Any ordinance or resolution of the
Authority imposing a tax under this Section and in effect on
August 1, 2007 shall remain in full force and effect and shall
be administered by the Department of Revenue under the terms
and conditions and rates of tax established by such ordinance
or resolution until the Department begins administering and
enforcing an increased tax under this Section as authorized by
this amendatory Act of the 95th General Assembly. The tax rates
authorized by this amendatory Act of the 95th General Assembly
are effective only if imposed by ordinance of the Authority.
    (n) The State Department of Revenue shall, upon collecting
any taxes as provided in this Section, pay the taxes over to
the State Treasurer as trustee for the Authority. The taxes
shall be held in a trust fund outside the State Treasury. On or
before the 25th day of each calendar month, the State
Department of Revenue shall prepare and certify to the
Comptroller of the State of Illinois and to the Authority (i)
the amount of taxes collected in each County other than Cook
County in the metropolitan region, (ii) the amount of taxes
collected within the City of Chicago, and (iii) the amount
collected in that portion of Cook County outside of Chicago,
each amount less the amount necessary for the payment of
refunds to taxpayers located in those areas described in items
(i), (ii), and (iii). Within 10 days after receipt by the
Comptroller of the certification of the amounts, the
Comptroller shall cause an order to be drawn for the payment of
two-thirds of the amounts certified in item (i) of this
subsection to the Authority and one-third of the amounts
certified in item (i) of this subsection to the respective
counties other than Cook County and the amount certified in
items (ii) and (iii) of this subsection to the Authority.
    In addition to the disbursement required by the preceding
paragraph, an allocation shall be made in July 1991 and each
year thereafter to the Regional Transportation Authority. The
allocation shall be made in an amount equal to the average
monthly distribution during the preceding calendar year
(excluding the 2 months of lowest receipts) and the allocation
shall include the amount of average monthly distribution from
the Regional Transportation Authority Occupation and Use Tax
Replacement Fund. The distribution made in July 1992 and each
year thereafter under this paragraph and the preceding
paragraph shall be reduced by the amount allocated and
disbursed under this paragraph in the preceding calendar year.
The Department of Revenue shall prepare and certify to the
Comptroller for disbursement the allocations made in
accordance with this paragraph.
    (o) Failure to adopt a budget ordinance or otherwise to
comply with Section 4.01 of this Act or to adopt a Five-year
Capital Program or otherwise to comply with paragraph (b) of
Section 2.01 of this Act shall not affect the validity of any
tax imposed by the Authority otherwise in conformity with law.
    (p) At no time shall a public transportation tax or motor
vehicle parking tax authorized under paragraphs (b), (c) and
(d) of this Section be in effect at the same time as any
retailers' occupation, use or service occupation tax
authorized under paragraphs (e), (f) and (g) of this Section is
in effect.
    Any taxes imposed under the authority provided in
paragraphs (b), (c) and (d) shall remain in effect only until
the time as any tax authorized by paragraphs (e), (f) or (g) of
this Section are imposed and becomes effective. Once any tax
authorized by paragraphs (e), (f) or (g) is imposed the Board
may not reimpose taxes as authorized in paragraphs (b), (c) and
(d) of the Section unless any tax authorized by paragraphs (e),
(f) or (g) of this Section becomes ineffective by means other
than an ordinance of the Board.
    (q) Any existing rights, remedies and obligations
(including enforcement by the Regional Transportation
Authority) arising under any tax imposed under paragraphs (b),
(c) or (d) of this Section shall not be affected by the
imposition of a tax under paragraphs (e), (f) or (g) of this
Section.
(Source: P.A. 96-339, eff. 7-1-10; 96-939, eff. 6-24-10; 97-38,
eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 6-170. The Assisted Living and Shared Housing Act
is amended by changing Sections 10, 35, 55, and 145 as follows:
 
    (210 ILCS 9/10)
    Sec. 10. Definitions. For purposes of this Act:
    "Activities of daily living" means eating, dressing,
bathing, toileting, transferring, or personal hygiene.
    "Assisted living establishment" or "establishment" means a
home, building, residence, or any other place where sleeping
accommodations are provided for at least 3 unrelated adults, at
least 80% of whom are 55 years of age or older and where the
following are provided consistent with the purposes of this
Act:
        (1) services consistent with a social model that is
    based on the premise that the resident's unit in assisted
    living and shared housing is his or her own home;
        (2) community-based residential care for persons who
    need assistance with activities of daily living, including
    personal, supportive, and intermittent health-related
    services available 24 hours per day, if needed, to meet the
    scheduled and unscheduled needs of a resident;
        (3) mandatory services, whether provided directly by
    the establishment or by another entity arranged for by the
    establishment, with the consent of the resident or
    resident's representative; and
        (4) a physical environment that is a homelike setting
    that includes the following and such other elements as
    established by the Department: individual living units
    each of which shall accommodate small kitchen appliances
    and contain private bathing, washing, and toilet
    facilities, or private washing and toilet facilities with a
    common bathing room readily accessible to each resident.
    Units shall be maintained for single occupancy except in
    cases in which 2 residents choose to share a unit.
    Sufficient common space shall exist to permit individual
    and group activities.
    "Assisted living establishment" or "establishment" does
not mean any of the following:
        (1) A home, institution, or similar place operated by
    the federal government or the State of Illinois.
        (2) A long term care facility licensed under the
    Nursing Home Care Act, a facility licensed under the
    Specialized Mental Health Rehabilitation Act of 2013, or a
    facility licensed under the ID/DD Community Care Act.
    However, a facility licensed under either of those Acts may
    convert distinct parts of the facility to assisted living.
    If the facility elects to do so, the facility shall retain
    the Certificate of Need for its nursing and sheltered care
    beds that were converted.
        (3) A hospital, sanitarium, or other institution, the
    principal activity or business of which is the diagnosis,
    care, and treatment of human illness and that is required
    to be licensed under the Hospital Licensing Act.
        (4) A facility for child care as defined in the Child
    Care Act of 1969.
        (5) A community living facility as defined in the
    Community Living Facilities Licensing Act.
        (6) A nursing home or sanitarium operated solely by and
    for persons who rely exclusively upon treatment by
    spiritual means through prayer in accordance with the creed
    or tenants of a well-recognized church or religious
    denomination.
        (7) A facility licensed by the Department of Human
    Services as a community-integrated living arrangement as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act.
        (8) A supportive residence licensed under the
    Supportive Residences Licensing Act.
        (9) The portion of a life care facility as defined in
    the Life Care Facilities Act not licensed as an assisted
    living establishment under this Act; a life care facility
    may apply under this Act to convert sections of the
    community to assisted living.
        (10) A free-standing hospice facility licensed under
    the Hospice Program Licensing Act.
        (11) A shared housing establishment.
        (12) A supportive living facility as described in
    Section 5-5.01a of the Illinois Public Aid Code.
    "Department" means the Department of Public Health.
    "Director" means the Director of Public Health.
    "Emergency situation" means imminent danger of death or
serious physical harm to a resident of an establishment.
    "License" means any of the following types of licenses
issued to an applicant or licensee by the Department:
        (1) "Probationary license" means a license issued to an
    applicant or licensee that has not held a license under
    this Act prior to its application or pursuant to a license
    transfer in accordance with Section 50 of this Act.
        (2) "Regular license" means a license issued by the
    Department to an applicant or licensee that is in
    substantial compliance with this Act and any rules
    promulgated under this Act.
    "Licensee" means a person, agency, association,
corporation, partnership, or organization that has been issued
a license to operate an assisted living or shared housing
establishment.
    "Licensed health care professional" means a registered
professional nurse, an advanced practice nurse, a physician
assistant, and a licensed practical nurse.
    "Mandatory services" include the following:
        (1) 3 meals per day available to the residents prepared
    by the establishment or an outside contractor;
        (2) housekeeping services including, but not limited
    to, vacuuming, dusting, and cleaning the resident's unit;
        (3) personal laundry and linen services available to
    the residents provided or arranged for by the
    establishment;
        (4) security provided 24 hours each day including, but
    not limited to, locked entrances or building or contract
    security personnel;
        (5) an emergency communication response system, which
    is a procedure in place 24 hours each day by which a
    resident can notify building management, an emergency
    response vendor, or others able to respond to his or her
    need for assistance; and
        (6) assistance with activities of daily living as
    required by each resident.
    "Negotiated risk" is the process by which a resident, or
his or her representative, may formally negotiate with
providers what risks each are willing and unwilling to assume
in service provision and the resident's living environment. The
provider assures that the resident and the resident's
representative, if any, are informed of the risks of these
decisions and of the potential consequences of assuming these
risks.
    "Owner" means the individual, partnership, corporation,
association, or other person who owns an assisted living or
shared housing establishment. In the event an assisted living
or shared housing establishment is operated by a person who
leases or manages the physical plant, which is owned by another
person, "owner" means the person who operates the assisted
living or shared housing establishment, except that if the
person who owns the physical plant is an affiliate of the
person who operates the assisted living or shared housing
establishment and has significant control over the day to day
operations of the assisted living or shared housing
establishment, the person who owns the physical plant shall
incur jointly and severally with the owner all liabilities
imposed on an owner under this Act.
    "Physician" means a person licensed under the Medical
Practice Act of 1987 to practice medicine in all of its
branches.
    "Resident" means a person residing in an assisted living or
shared housing establishment.
    "Resident's representative" means a person, other than the
owner, agent, or employee of an establishment or of the health
care provider unless related to the resident, designated in
writing by a resident to be his or her representative. This
designation may be accomplished through the Illinois Power of
Attorney Act, pursuant to the guardianship process under the
Probate Act of 1975, or pursuant to an executed designation of
representative form specified by the Department.
    "Self" means the individual or the individual's designated
representative.
    "Shared housing establishment" or "establishment" means a
publicly or privately operated free-standing residence for 16
or fewer persons, at least 80% of whom are 55 years of age or
older and who are unrelated to the owners and one manager of
the residence, where the following are provided:
        (1) services consistent with a social model that is
    based on the premise that the resident's unit is his or her
    own home;
        (2) community-based residential care for persons who
    need assistance with activities of daily living, including
    housing and personal, supportive, and intermittent
    health-related services available 24 hours per day, if
    needed, to meet the scheduled and unscheduled needs of a
    resident; and
        (3) mandatory services, whether provided directly by
    the establishment or by another entity arranged for by the
    establishment, with the consent of the resident or the
    resident's representative.
    "Shared housing establishment" or "establishment" does not
mean any of the following:
        (1) A home, institution, or similar place operated by
    the federal government or the State of Illinois.
        (2) A long term care facility licensed under the
    Nursing Home Care Act, a facility licensed under the
    Specialized Mental Health Rehabilitation Act of 2013, or a
    facility licensed under the ID/DD Community Care Act. A
    facility licensed under either of those Acts may, however,
    convert sections of the facility to assisted living. If the
    facility elects to do so, the facility shall retain the
    Certificate of Need for its nursing beds that were
    converted.
        (3) A hospital, sanitarium, or other institution, the
    principal activity or business of which is the diagnosis,
    care, and treatment of human illness and that is required
    to be licensed under the Hospital Licensing Act.
        (4) A facility for child care as defined in the Child
    Care Act of 1969.
        (5) A community living facility as defined in the
    Community Living Facilities Licensing Act.
        (6) A nursing home or sanitarium operated solely by and
    for persons who rely exclusively upon treatment by
    spiritual means through prayer in accordance with the creed
    or tenants of a well-recognized church or religious
    denomination.
        (7) A facility licensed by the Department of Human
    Services as a community-integrated living arrangement as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act.
        (8) A supportive residence licensed under the
    Supportive Residences Licensing Act.
        (9) A life care facility as defined in the Life Care
    Facilities Act; a life care facility may apply under this
    Act to convert sections of the community to assisted
    living.
        (10) A free-standing hospice facility licensed under
    the Hospice Program Licensing Act.
        (11) An assisted living establishment.
        (12) A supportive living facility as described in
    Section 5-5.01a of the Illinois Public Aid Code.
    "Total assistance" means that staff or another individual
performs the entire activity of daily living without
participation by the resident.
(Source: P.A. 96-339, eff. 7-1-10; 96-975, eff. 7-2-10; 97-38,
eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (210 ILCS 9/35)
    Sec. 35. Issuance of license.
    (a) Upon receipt and review of an application for a license
and review of the applicant establishment, the Director may
issue a license if he or she finds:
        (1) that the individual applicant, or the corporation,
    partnership, or other entity if the applicant is not an
    individual, is a person responsible and suitable to operate
    or to direct or participate in the operation of an
    establishment by virtue of financial capacity, appropriate
    business or professional experience, a record of lawful
    compliance with lawful orders of the Department and lack of
    revocation of a license issued under this Act, the Nursing
    Home Care Act, the Specialized Mental Health
    Rehabilitation Act of 2013, or the ID/DD Community Care Act
    during the previous 5 years;
        (2) that the establishment is under the supervision of
    a full-time director who is at least 21 years of age and
    has a high school diploma or equivalent plus either:
            (A) 2 years of management experience or 2 years of
        experience in positions of progressive responsibility
        in health care, housing with services, or adult day
        care or providing similar services to the elderly; or
            (B) 2 years of management experience or 2 years of
        experience in positions of progressive responsibility
        in hospitality and training in health care and housing
        with services management as defined by rule;
        (3) that the establishment has staff sufficient in
    number with qualifications, adequate skills, education,
    and experience to meet the 24 hour scheduled and
    unscheduled needs of residents and who participate in
    ongoing training to serve the resident population;
        (4) that all employees who are subject to the Health
    Care Worker Background Check Act meet the requirements of
    that Act;
        (5) that the applicant is in substantial compliance
    with this Act and such other requirements for a license as
    the Department by rule may establish under this Act;
        (6) that the applicant pays all required fees;
        (7) that the applicant has provided to the Department
    an accurate disclosure document in accordance with the
    Alzheimer's Disease and Related Dementias Special Care
    Disclosure Act and in substantial compliance with Section
    150 of this Act.
    In addition to any other requirements set forth in this
Act, as a condition of licensure under this Act, the director
of an establishment must participate in at least 20 hours of
training every 2 years to assist him or her in better meeting
the needs of the residents of the establishment and managing
the operation of the establishment.
    Any license issued by the Director shall state the physical
location of the establishment, the date the license was issued,
and the expiration date. All licenses shall be valid for one
year, except as provided in Sections 40 and 45. Each license
shall be issued only for the premises and persons named in the
application, and shall not be transferable or assignable.
(Source: P.A. 96-339, eff. 7-1-10; 96-990, eff. 7-2-10; 97-38,
eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (210 ILCS 9/55)
    Sec. 55. Grounds for denial of a license. An application
for a license may be denied for any of the following reasons:
        (1) failure to meet any of the standards set forth in
    this Act or by rules adopted by the Department under this
    Act;
        (2) conviction of the applicant, or if the applicant is
    a firm, partnership, or association, of any of its members,
    or if a corporation, the conviction of the corporation or
    any of its officers or stockholders, or of the person
    designated to manage or supervise the establishment, of a
    felony or of 2 or more misdemeanors involving moral
    turpitude during the previous 5 years as shown by a
    certified copy of the record of the court of conviction;
        (3) personnel insufficient in number or unqualified by
    training or experience to properly care for the residents;
        (4) insufficient financial or other resources to
    operate and conduct the establishment in accordance with
    standards adopted by the Department under this Act;
        (5) revocation of a license during the previous 5
    years, if such prior license was issued to the individual
    applicant, a controlling owner or controlling combination
    of owners of the applicant; or any affiliate of the
    individual applicant or controlling owner of the applicant
    and such individual applicant, controlling owner of the
    applicant or affiliate of the applicant was a controlling
    owner of the prior license; provided, however, that the
    denial of an application for a license pursuant to this
    Section must be supported by evidence that the prior
    revocation renders the applicant unqualified or incapable
    of meeting or maintaining an establishment in accordance
    with the standards and rules adopted by the Department
    under this Act; or
        (6) the establishment is not under the direct
    supervision of a full-time director, as defined by rule.
    The Department shall deny an application for a license if 6
months after submitting its initial application the applicant
has not provided the Department with all of the information
required for review and approval or the applicant is not
actively pursuing the processing of its application. In
addition, the Department shall determine whether the applicant
has violated any provision of the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
ID/DD Community Care Act.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (210 ILCS 9/145)
    Sec. 145. Conversion of facilities. Entities licensed as
facilities under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the ID/DD
Community Care Act may elect to convert to a license under this
Act. Any facility that chooses to convert, in whole or in part,
shall follow the requirements in the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
ID/DD Community Care Act, as applicable, and rules promulgated
under those Acts regarding voluntary closure and notice to
residents. Any conversion of existing beds licensed under the
Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act to
licensure under this Act is exempt from review by the Health
Facilities and Services Review Board.
(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
97-813, eff. 7-13-12.)
 
    Section 6-175. The Abuse Prevention Review Team Act is
amended by changing Sections 10 and 50 as follows:
 
    (210 ILCS 28/10)
    Sec. 10. Definitions. As used in this Act, unless the
context requires otherwise:
    "Department" means the Department of Public Health.
    "Director" means the Director of Public Health.
    "Executive Council" means the Illinois Residential Health
Care Facility Resident Sexual Assault and Death Review Teams
Executive Council.
    "Resident" means a person residing in and receiving
personal care from a facility licensed under the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act of
2013, or the ID/DD Community Care Act.
    "Review team" means a residential health care facility
resident sexual assault and death review team appointed under
this Act.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (210 ILCS 28/50)
    Sec. 50. Funding. Notwithstanding any other provision of
law, to the extent permitted by federal law, the Department
shall use moneys from fines paid by facilities licensed under
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act for
violating requirements for certification under Titles XVIII
and XIX of the Social Security Act to implement the provisions
of this Act. The Department shall use moneys deposited in the
Long Term Care Monitor/Receiver Fund to pay the costs of
implementing this Act that cannot be met by the use of federal
civil monetary penalties.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 6-180. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing
Sections 3, 4, and 6 as follows:
 
    (210 ILCS 30/3)  (from Ch. 111 1/2, par. 4163)
    Sec. 3. As used in this Act unless the context otherwise
requires:
    a. "Department" means the Department of Public Health of
the State of Illinois.
    b. "Resident" means a person residing in and receiving
personal care from a long term care facility, or residing in a
mental health facility or developmental disability facility as
defined in the Mental Health and Developmental Disabilities
Code.
    c. "Long term care facility" has the same meaning ascribed
to such term in the Nursing Home Care Act, except that the term
as used in this Act shall include any mental health facility or
developmental disability facility as defined in the Mental
Health and Developmental Disabilities Code. The term also
includes any facility licensed under the ID/DD Community Care
Act or the Specialized Mental Health Rehabilitation Act of
2013.
    d. "Abuse" means any physical injury, sexual abuse or
mental injury inflicted on a resident other than by accidental
means.
    e. "Neglect" means a failure in a long term care facility
to provide adequate medical or personal care or maintenance,
which failure results in physical or mental injury to a
resident or in the deterioration of a resident's physical or
mental condition.
    f. "Protective services" means services provided to a
resident who has been abused or neglected, which may include,
but are not limited to alternative temporary institutional
placement, nursing care, counseling, other social services
provided at the nursing home where the resident resides or at
some other facility, personal care and such protective services
of voluntary agencies as are available.
    g. Unless the context otherwise requires, direct or
indirect references in this Act to the programs, personnel,
facilities, services, service providers, or service recipients
of the Department of Human Services shall be construed to refer
only to those programs, personnel, facilities, services,
service providers, or service recipients that pertain to the
Department of Human Services' mental health and developmental
disabilities functions.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (210 ILCS 30/4)  (from Ch. 111 1/2, par. 4164)
    Sec. 4. Any long term care facility administrator, agent or
employee or any physician, hospital, surgeon, dentist,
osteopath, chiropractor, podiatrist, accredited religious
practitioner who provides treatment by spiritual means alone
through prayer in accordance with the tenets and practices of
the accrediting church, coroner, social worker, social
services administrator, registered nurse, law enforcement
officer, field personnel of the Department of Healthcare and
Family Services, field personnel of the Illinois Department of
Public Health and County or Municipal Health Departments,
personnel of the Department of Human Services (acting as the
successor to the Department of Mental Health and Developmental
Disabilities or the Department of Public Aid), personnel of the
Guardianship and Advocacy Commission, personnel of the State
Fire Marshal, local fire department inspectors or other
personnel, or personnel of the Illinois Department on Aging, or
its subsidiary Agencies on Aging, or employee of a facility
licensed under the Assisted Living and Shared Housing Act,
having reasonable cause to believe any resident with whom they
have direct contact has been subjected to abuse or neglect
shall immediately report or cause a report to be made to the
Department. Persons required to make reports or cause reports
to be made under this Section include all employees of the
State of Illinois who are involved in providing services to
residents, including professionals providing medical or
rehabilitation services and all other persons having direct
contact with residents; and further include all employees of
community service agencies who provide services to a resident
of a public or private long term care facility outside of that
facility. Any long term care surveyor of the Illinois
Department of Public Health who has reasonable cause to believe
in the course of a survey that a resident has been abused or
neglected and initiates an investigation while on site at the
facility shall be exempt from making a report under this
Section but the results of any such investigation shall be
forwarded to the central register in a manner and form
described by the Department.
    The requirement of this Act shall not relieve any long term
care facility administrator, agent or employee of
responsibility to report the abuse or neglect of a resident
under Section 3-610 of the Nursing Home Care Act or under
Section 3-610 of the ID/DD Community Care Act or under Section
2-107 3-610 of the Specialized Mental Health Rehabilitation Act
of 2013.
    In addition to the above persons required to report
suspected resident abuse and neglect, any other person may make
a report to the Department, or to any law enforcement officer,
if such person has reasonable cause to suspect a resident has
been abused or neglected.
    This Section also applies to residents whose death occurs
from suspected abuse or neglect before being found or brought
to a hospital.
    A person required to make reports or cause reports to be
made under this Section who fails to comply with the
requirements of this Section is guilty of a Class A
misdemeanor.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (210 ILCS 30/6)  (from Ch. 111 1/2, par. 4166)
    Sec. 6. All reports of suspected abuse or neglect made
under this Act shall be made immediately by telephone to the
Department's central register established under Section 14 on
the single, State-wide, toll-free telephone number established
under Section 13, or in person or by telephone through the
nearest Department office. No long term care facility
administrator, agent or employee, or any other person, shall
screen reports or otherwise withhold any reports from the
Department, and no long term care facility, department of State
government, or other agency shall establish any rules,
criteria, standards or guidelines to the contrary. Every long
term care facility, department of State government and other
agency whose employees are required to make or cause to be made
reports under Section 4 shall notify its employees of the
provisions of that Section and of this Section, and provide to
the Department documentation that such notification has been
given. The Department of Human Services shall train all of its
mental health and developmental disabilities employees in the
detection and reporting of suspected abuse and neglect of
residents. Reports made to the central register through the
State-wide, toll-free telephone number shall be transmitted to
appropriate Department offices and municipal health
departments that have responsibility for licensing long term
care facilities under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
ID/DD Community Care Act. All reports received through offices
of the Department shall be forwarded to the central register,
in a manner and form described by the Department. The
Department shall be capable of receiving reports of suspected
abuse and neglect 24 hours a day, 7 days a week. Reports shall
also be made in writing deposited in the U.S. mail, postage
prepaid, within 24 hours after having reasonable cause to
believe that the condition of the resident resulted from abuse
or neglect. Such reports may in addition be made to the local
law enforcement agency in the same manner. However, in the
event a report is made to the local law enforcement agency, the
reporter also shall immediately so inform the Department. The
Department shall initiate an investigation of each report of
resident abuse and neglect under this Act, whether oral or
written, as provided for in Section 3-702 of the Nursing Home
Care Act, Section 2-208 3-702 of the Specialized Mental Health
Rehabilitation Act of 2013, or Section 3-702 of the ID/DD
Community Care Act, except that reports of abuse which indicate
that a resident's life or safety is in imminent danger shall be
investigated within 24 hours of such report. The Department may
delegate to law enforcement officials or other public agencies
the duty to perform such investigation.
    With respect to investigations of reports of suspected
abuse or neglect of residents of mental health and
developmental disabilities institutions under the jurisdiction
of the Department of Human Services, the Department shall
transmit copies of such reports to the Department of State
Police, the Department of Human Services, and the Inspector
General appointed under Section 1-17 of the Department of Human
Services Act. If the Department receives a report of suspected
abuse or neglect of a recipient of services as defined in
Section 1-123 of the Mental Health and Developmental
Disabilities Code, the Department shall transmit copies of such
report to the Inspector General and the Directors of the
Guardianship and Advocacy Commission and the agency designated
by the Governor pursuant to the Protection and Advocacy for
Developmentally Disabled Persons Act. When requested by the
Director of the Guardianship and Advocacy Commission, the
agency designated by the Governor pursuant to the Protection
and Advocacy for Developmentally Disabled Persons Act, or the
Department of Financial and Professional Regulation, the
Department, the Department of Human Services and the Department
of State Police shall make available a copy of the final
investigative report regarding investigations conducted by
their respective agencies on incidents of suspected abuse or
neglect of residents of mental health and developmental
disabilities institutions or individuals receiving services at
community agencies under the jurisdiction of the Department of
Human Services. Such final investigative report shall not
contain witness statements, investigation notes, draft
summaries, results of lie detector tests, investigative files
or other raw data which was used to compile the final
investigative report. Specifically, the final investigative
report of the Department of State Police shall mean the
Director's final transmittal letter. The Department of Human
Services shall also make available a copy of the results of
disciplinary proceedings of employees involved in incidents of
abuse or neglect to the Directors. All identifiable information
in reports provided shall not be further disclosed except as
provided by the Mental Health and Developmental Disabilities
Confidentiality Act. Nothing in this Section is intended to
limit or construe the power or authority granted to the agency
designated by the Governor pursuant to the Protection and
Advocacy for Developmentally Disabled Persons Act, pursuant to
any other State or federal statute.
    With respect to investigations of reported resident abuse
or neglect, the Department shall effect with appropriate law
enforcement agencies formal agreements concerning methods and
procedures for the conduct of investigations into the criminal
histories of any administrator, staff assistant or employee of
the nursing home or other person responsible for the residents
care, as well as for other residents in the nursing home who
may be in a position to abuse, neglect or exploit the patient.
Pursuant to the formal agreements entered into with appropriate
law enforcement agencies, the Department may request
information with respect to whether the person or persons set
forth in this paragraph have ever been charged with a crime and
if so, the disposition of those charges. Unless the criminal
histories of the subjects involved crimes of violence or
resident abuse or neglect, the Department shall be entitled
only to information limited in scope to charges and their
dispositions. In cases where prior crimes of violence or
resident abuse or neglect are involved, a more detailed report
can be made available to authorized representatives of the
Department, pursuant to the agreements entered into with
appropriate law enforcement agencies. Any criminal charges and
their disposition information obtained by the Department shall
be confidential and may not be transmitted outside the
Department, except as required herein, to authorized
representatives or delegates of the Department, and may not be
transmitted to anyone within the Department who is not duly
authorized to handle resident abuse or neglect investigations.
    The Department shall effect formal agreements with
appropriate law enforcement agencies in the various counties
and communities to encourage cooperation and coordination in
the handling of resident abuse or neglect cases pursuant to
this Act. The Department shall adopt and implement methods and
procedures to promote statewide uniformity in the handling of
reports of abuse and neglect under this Act, and those methods
and procedures shall be adhered to by personnel of the
Department involved in such investigations and reporting. The
Department shall also make information required by this Act
available to authorized personnel within the Department, as
well as its authorized representatives.
    The Department shall keep a continuing record of all
reports made pursuant to this Act, including indications of the
final determination of any investigation and the final
disposition of all reports.
    The Department shall report annually to the General
Assembly on the incidence of abuse and neglect of long term
care facility residents, with special attention to residents
who are mentally disabled. The report shall include but not be
limited to data on the number and source of reports of
suspected abuse or neglect filed under this Act, the nature of
any injuries to residents, the final determination of
investigations, the type and number of cases where abuse or
neglect is determined to exist, and the final disposition of
cases.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 6-185. The Nursing Home Care Act is amended by
changing Sections 1-113, 2-204, 3-202.05, and 3-202.5 as
follows:
 
    (210 ILCS 45/1-113)  (from Ch. 111 1/2, par. 4151-113)
    Sec. 1-113. "Facility" or "long-term care facility" means a
private home, institution, building, residence, or any other
place, whether operated for profit or not, or a county home for
the infirm and chronically ill operated pursuant to Division
5-21 or 5-22 of the Counties Code, or any similar institution
operated by a political subdivision of the State of Illinois,
which provides, through its ownership or management, personal
care, sheltered care or nursing for 3 or more persons, not
related to the applicant or owner by blood or marriage. It
includes skilled nursing facilities and intermediate care
facilities as those terms are defined in Title XVIII and Title
XIX of the Federal Social Security Act. It also includes homes,
institutions, or other places operated by or under the
authority of the Illinois Department of Veterans' Affairs.
    "Facility" does not include the following:
        (1) A home, institution, or other place operated by the
    federal government or agency thereof, or by the State of
    Illinois, other than homes, institutions, or other places
    operated by or under the authority of the Illinois
    Department of Veterans' Affairs;
        (2) A hospital, sanitarium, or other institution whose
    principal activity or business is the diagnosis, care, and
    treatment of human illness through the maintenance and
    operation as organized facilities therefor, which is
    required to be licensed under the Hospital Licensing Act;
        (3) Any "facility for child care" as defined in the
    Child Care Act of 1969;
        (4) Any "Community Living Facility" as defined in the
    Community Living Facilities Licensing Act;
        (5) Any "community residential alternative" as defined
    in the Community Residential Alternatives Licensing Act;
        (6) Any nursing home or sanatorium operated solely by
    and for persons who rely exclusively upon treatment by
    spiritual means through prayer, in accordance with the
    creed or tenets of any well-recognized church or religious
    denomination. However, such nursing home or sanatorium
    shall comply with all local laws and rules relating to
    sanitation and safety;
        (7) Any facility licensed by the Department of Human
    Services as a community-integrated living arrangement as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act;
        (8) Any "Supportive Residence" licensed under the
    Supportive Residences Licensing Act;
        (9) Any "supportive living facility" in good standing
    with the program established under Section 5-5.01a of the
    Illinois Public Aid Code, except only for purposes of the
    employment of persons in accordance with Section 3-206.01;
        (10) Any assisted living or shared housing
    establishment licensed under the Assisted Living and
    Shared Housing Act, except only for purposes of the
    employment of persons in accordance with Section 3-206.01;
        (11) An Alzheimer's disease management center
    alternative health care model licensed under the
    Alternative Health Care Delivery Act;
        (12) A facility licensed under the ID/DD Community Care
    Act; or
        (13) A facility licensed under the Specialized Mental
    Health Rehabilitation Act of 2013.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (210 ILCS 45/2-204)  (from Ch. 111 1/2, par. 4152-204)
    Sec. 2-204. The Director shall appoint a Long-Term Care
Facility Advisory Board to consult with the Department and the
residents' advisory councils created under Section 2-203.
    (a) The Board shall be comprised of the following persons:
        (1) The Director who shall serve as chairman, ex
    officio and nonvoting; and
        (2) One representative each of the Department of
    Healthcare and Family Services, the Department of Human
    Services, the Department on Aging, and the Office of the
    State Fire Marshal, all nonvoting members;
        (3) One member who shall be a physician licensed to
    practice medicine in all its branches;
        (4) One member who shall be a registered nurse selected
    from the recommendations of professional nursing
    associations;
        (5) Four members who shall be selected from the
    recommendations by organizations whose membership consists
    of facilities;
        (6) Two members who shall represent the general public
    who are not members of a residents' advisory council
    established under Section 2-203 and who have no
    responsibility for management or formation of policy or
    financial interest in a facility;
        (7) One member who is a member of a residents' advisory
    council established under Section 2-203 and is capable of
    actively participating on the Board; and
        (8) One member who shall be selected from the
    recommendations of consumer organizations which engage
    solely in advocacy or legal representation on behalf of
    residents and their immediate families.
    (b) The terms of those members of the Board appointed prior
to the effective date of this amendatory Act of 1988 shall
expire on December 31, 1988. Members of the Board created by
this amendatory Act of 1988 shall be appointed to serve for
terms as follows: 3 for 2 years, 3 for 3 years and 3 for 4
years. The member of the Board added by this amendatory Act of
1989 shall be appointed to serve for a term of 4 years. Each
successor member shall be appointed for a term of 4 years. Any
member appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed
shall be appointed for the remainder of such term. The Board
shall meet as frequently as the chairman deems necessary, but
not less than 4 times each year. Upon request by 4 or more
members the chairman shall call a meeting of the Board. The
affirmative vote of 6 members of the Board shall be necessary
for Board action. A member of the Board can designate a
replacement to serve at the Board meeting and vote in place of
the member by submitting a letter of designation to the
chairman prior to or at the Board meeting. The Board members
shall be reimbursed for their actual expenses incurred in the
performance of their duties.
    (c) The Advisory Board shall advise the Department of
Public Health on all aspects of its responsibilities under this
Act and the Specialized Mental Health Rehabilitation
Facilities Act of 2013, including the format and content of any
rules promulgated by the Department of Public Health. Any such
rules, except emergency rules promulgated pursuant to Section
5-45 of the Illinois Administrative Procedure Act, promulgated
without obtaining the advice of the Advisory Board are null and
void. In the event that the Department fails to follow the
advice of the Board, the Department shall, prior to the
promulgation of such rules, transmit a written explanation of
the reason thereof to the Board. During its review of rules,
the Board shall analyze the economic and regulatory impact of
those rules. If the Advisory Board, having been asked for its
advice, fails to advise the Department within 90 days, the
rules shall be considered acted upon.
(Source: P.A. 97-38, eff. 6-28-11; revised 8-3-12.)
 
    (210 ILCS 45/3-202.05)
    Sec. 3-202.05. Staffing ratios effective July 1, 2010 and
thereafter.
    (a) For the purpose of computing staff to resident ratios,
direct care staff shall include:
        (1) registered nurses;
        (2) licensed practical nurses;
        (3) certified nurse assistants;
        (4) psychiatric services rehabilitation aides;
        (5) rehabilitation and therapy aides;
        (6) psychiatric services rehabilitation coordinators;
        (7) assistant directors of nursing;
        (8) 50% of the Director of Nurses' time; and
        (9) 30% of the Social Services Directors' time.
    The Department shall, by rule, allow certain facilities
subject to 77 Ill. Admin. Code 300.4000 and following (Subpart
S) to utilize specialized clinical staff, as defined in rules,
to count towards the staffing ratios.
    Within 120 days of the effective date of this amendatory
Act of the 97th General Assembly, the Department shall
promulgate rules specific to the staffing requirements for
facilities federally defined as Institutions for Mental
Disease. These rules shall recognize the unique nature of
individuals with chronic mental health conditions, shall
include minimum requirements for specialized clinical staff,
including clinical social workers, psychiatrists,
psychologists, and direct care staff set forth in paragraphs
(4) through (6) and any other specialized staff which may be
utilized and deemed necessary to count toward staffing ratios.
    Within 120 days of the effective date of this amendatory
Act of the 97th General Assembly, the Department shall
promulgate rules specific to the staffing requirements for
facilities licensed under the Specialized Mental Health
Rehabilitation Act of 2013. These rules shall recognize the
unique nature of individuals with chronic mental health
conditions, shall include minimum requirements for specialized
clinical staff, including clinical social workers,
psychiatrists, psychologists, and direct care staff set forth
in paragraphs (4) through (6) and any other specialized staff
which may be utilized and deemed necessary to count toward
staffing ratios.
    (b) Beginning January 1, 2011, and thereafter, light
intermediate care shall be staffed at the same staffing ratio
as intermediate care.
    (c) Facilities shall notify the Department within 60 days
after the effective date of this amendatory Act of the 96th
General Assembly, in a form and manner prescribed by the
Department, of the staffing ratios in effect on the effective
date of this amendatory Act of the 96th General Assembly for
both intermediate and skilled care and the number of residents
receiving each level of care.
    (d)(1) Effective July 1, 2010, for each resident needing
skilled care, a minimum staffing ratio of 2.5 hours of nursing
and personal care each day must be provided; for each resident
needing intermediate care, 1.7 hours of nursing and personal
care each day must be provided.
    (2) Effective January 1, 2011, the minimum staffing ratios
shall be increased to 2.7 hours of nursing and personal care
each day for a resident needing skilled care and 1.9 hours of
nursing and personal care each day for a resident needing
intermediate care.
    (3) Effective January 1, 2012, the minimum staffing ratios
shall be increased to 3.0 hours of nursing and personal care
each day for a resident needing skilled care and 2.1 hours of
nursing and personal care each day for a resident needing
intermediate care.
    (4) Effective January 1, 2013, the minimum staffing ratios
shall be increased to 3.4 hours of nursing and personal care
each day for a resident needing skilled care and 2.3 hours of
nursing and personal care each day for a resident needing
intermediate care.
    (5) Effective January 1, 2014, the minimum staffing ratios
shall be increased to 3.8 hours of nursing and personal care
each day for a resident needing skilled care and 2.5 hours of
nursing and personal care each day for a resident needing
intermediate care.
    (e) Ninety days after the effective date of this amendatory
Act of the 97th General Assembly, a minimum of 25% of nursing
and personal care time shall be provided by licensed nurses,
with at least 10% of nursing and personal care time provided by
registered nurses. These minimum requirements shall remain in
effect until an acuity based registered nurse requirement is
promulgated by rule concurrent with the adoption of the
Resource Utilization Group classification-based payment
methodology, as provided in Section 5-5.2 of the Illinois
Public Aid Code. Registered nurses and licensed practical
nurses employed by a facility in excess of these requirements
may be used to satisfy the remaining 75% of the nursing and
personal care time requirements. Notwithstanding this
subsection, no staffing requirement in statute in effect on the
effective date of this amendatory Act of the 97th General
Assembly shall be reduced on account of this subsection.
(Source: P.A. 96-1372, eff. 7-29-10; 96-1504, eff. 1-27-11;
97-689, eff. 6-14-12.)
 
    (210 ILCS 45/3-202.5)
    Sec. 3-202.5. Facility plan review; fees.
    (a) Before commencing construction of a new facility or
specified types of alteration or additions to an existing long
term care facility involving major construction, as defined by
rule by the Department, with an estimated cost greater than
$100,000, architectural drawings and specifications for the
facility shall be submitted to the Department for review and
approval. A facility may submit architectural drawings and
specifications for other construction projects for Department
review according to subsection (b) that shall not be subject to
fees under subsection (d). Review of drawings and
specifications shall be conducted by an employee of the
Department meeting the qualifications established by the
Department of Central Management Services class specifications
for such an individual's position or by a person contracting
with the Department who meets those class specifications. Final
approval of the drawings and specifications for compliance with
design and construction standards shall be obtained from the
Department before the alteration, addition, or new
construction is begun.
    (b) The Department shall inform an applicant in writing
within 10 working days after receiving drawings and
specifications and the required fee, if any, from the applicant
whether the applicant's submission is complete or incomplete.
Failure to provide the applicant with this notice within 10
working days shall result in the submission being deemed
complete for purposes of initiating the 60-day review period
under this Section. If the submission is incomplete, the
Department shall inform the applicant of the deficiencies with
the submission in writing. If the submission is complete the
required fee, if any, has been paid, the Department shall
approve or disapprove drawings and specifications submitted to
the Department no later than 60 days following receipt by the
Department. The drawings and specifications shall be of
sufficient detail, as provided by Department rule, to enable
the Department to render a determination of compliance with
design and construction standards under this Act. If the
Department finds that the drawings are not of sufficient detail
for it to render a determination of compliance, the plans shall
be determined to be incomplete and shall not be considered for
purposes of initiating the 60 day review period. If a
submission of drawings and specifications is incomplete, the
applicant may submit additional information. The 60-day review
period shall not commence until the Department determines that
a submission of drawings and specifications is complete or the
submission is deemed complete. If the Department has not
approved or disapproved the drawings and specifications within
60 days, the construction, major alteration, or addition shall
be deemed approved. If the drawings and specifications are
disapproved, the Department shall state in writing, with
specificity, the reasons for the disapproval. The entity
submitting the drawings and specifications may submit
additional information in response to the written comments from
the Department or request a reconsideration of the disapproval.
A final decision of approval or disapproval shall be made
within 45 days of the receipt of the additional information or
reconsideration request. If denied, the Department shall state
the specific reasons for the denial.
    (c) The Department shall provide written approval for
occupancy pursuant to subsection (g) and shall not issue a
violation to a facility as a result of a licensure or complaint
survey based upon the facility's physical structure if:
        (1) the Department reviewed and approved or deemed
    approved the drawings and specifications for compliance
    with design and construction standards;
        (2) the construction, major alteration, or addition
    was built as submitted;
        (3) the law or rules have not been amended since the
    original approval; and
        (4) the conditions at the facility indicate that there
    is a reasonable degree of safety provided for the
    residents.
    (d) The Department shall charge the following fees in
connection with its reviews conducted before June 30, 2004
under this Section:
        (1) (Blank).
        (2) (Blank).
        (3) If the estimated dollar value of the alteration,
    addition, or new construction is $100,000 or more but less
    than $500,000, the fee shall be the greater of $2,400 or
    1.2% of that value.
        (4) If the estimated dollar value of the alteration,
    addition, or new construction is $500,000 or more but less
    than $1,000,000, the fee shall be the greater of $6,000 or
    0.96% of that value.
        (5) If the estimated dollar value of the alteration,
    addition, or new construction is $1,000,000 or more but
    less than $5,000,000, the fee shall be the greater of
    $9,600 or 0.22% of that value.
        (6) If the estimated dollar value of the alteration,
    addition, or new construction is $5,000,000 or more, the
    fee shall be the greater of $11,000 or 0.11% of that value,
    but shall not exceed $40,000.
    The fees provided in this subsection (d) shall not apply to
major construction projects involving facility changes that
are required by Department rule amendments.
    The fees provided in this subsection (d) shall also not
apply to major construction projects if 51% or more of the
estimated cost of the project is attributed to capital
equipment. For major construction projects where 51% or more of
the estimated cost of the project is attributed to capital
equipment, the Department shall by rule establish a fee that is
reasonably related to the cost of reviewing the project.
    The Department shall not commence the facility plan review
process under this Section until the applicable fee has been
paid.
    (e) All fees received by the Department under this Section
shall be deposited into the Health Facility Plan Review Fund, a
special fund created in the State Treasury. All fees paid by
long-term care facilities under subsection (d) shall be used
only to cover the costs relating to the Department's review of
long-term care facility projects under this Section. Moneys
shall be appropriated from that Fund to the Department only to
pay the costs of conducting reviews under this Section or under
Section 3-202.5 of the ID/DD Community Care Act or under
Section 3-202.5 of the Specialized Mental Health
Rehabilitation Act. None of the moneys in the Health Facility
Plan Review Fund shall be used to reduce the amount of General
Revenue Fund moneys appropriated to the Department for facility
plan reviews conducted pursuant to this Section.
    (f)(1) The provisions of this amendatory Act of 1997
concerning drawings and specifications shall apply only to
drawings and specifications submitted to the Department on or
after October 1, 1997.
    (2) On and after the effective date of this amendatory Act
of 1997 and before October 1, 1997, an applicant may submit or
resubmit drawings and specifications to the Department and pay
the fees provided in subsection (d). If an applicant pays the
fees provided in subsection (d) under this paragraph (2), the
provisions of subsection (b) shall apply with regard to those
drawings and specifications.
    (g) The Department shall conduct an on-site inspection of
the completed project no later than 30 days after notification
from the applicant that the project has been completed and all
certifications required by the Department have been received
and accepted by the Department. The Department shall provide
written approval for occupancy to the applicant within 5
working days of the Department's final inspection, provided the
applicant has demonstrated substantial compliance as defined
by Department rule. Occupancy of new major construction is
prohibited until Department approval is received, unless the
Department has not acted within the time frames provided in
this subsection (g), in which case the construction shall be
deemed approved. Occupancy shall be authorized after any
required health inspection by the Department has been
conducted.
    (h) The Department shall establish, by rule, a procedure to
conduct interim on-site review of large or complex construction
projects.
    (i) The Department shall establish, by rule, an expedited
process for emergency repairs or replacement of like equipment.
    (j) Nothing in this Section shall be construed to apply to
maintenance, upkeep, or renovation that does not affect the
structural integrity of the building, does not add beds or
services over the number for which the long-term care facility
is licensed, and provides a reasonable degree of safety for the
residents.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (210 ILCS 48/Act rep.)
    Section 6-187. The Specialized Mental Health
Rehabilitation Act is repealed.
 
    Section 6-190. The Home Health, Home Services, and Home
Nursing Agency Licensing Act is amended by changing Section
2.08 as follows:
 
    (210 ILCS 55/2.08)
    Sec. 2.08. "Home services agency" means an agency that
provides services directly, or acts as a placement agency, for
the purpose of placing individuals as workers providing home
services for consumers in their personal residences. "Home
services agency" does not include agencies licensed under the
Nurse Agency Licensing Act, the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD Community Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
Assisted Living and Shared Housing Act and does not include an
agency that limits its business exclusively to providing
housecleaning services. Programs providing services
exclusively through the Community Care Program of the Illinois
Department on Aging, the Department of Human Services Office of
Rehabilitation Services, or the United States Department of
Veterans Affairs are not considered to be a home services
agency under this Act.
(Source: P.A. 96-339, eff. 7-1-10; 96-577, eff. 8-18-09;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
97-813, eff. 7-13-12.)
 
    Section 6-195. The Hospice Program Licensing Act is amended
by changing Sections 3 and 4 as follows:
 
    (210 ILCS 60/3)  (from Ch. 111 1/2, par. 6103)
    Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Bereavement" means the period of time during which the
hospice patient's family experiences and adjusts to the death
of the hospice patient.
    (a-5) "Bereavement services" means counseling services
provided to an individual's family after the individual's
death.
    (a-10) "Attending physician" means a physician who:
        (1) is a doctor of medicine or osteopathy; and
        (2) is identified by an individual, at the time the
    individual elects to receive hospice care, as having the
    most significant role in the determination and delivery of
    the individual's medical care.
    (b) "Department" means the Illinois Department of Public
Health.
    (c) "Director" means the Director of the Illinois
Department of Public Health.
    (d) "Hospice care" means a program of palliative care that
provides for the physical, emotional, and spiritual care needs
of a terminally ill patient and his or her family. The goal of
such care is to achieve the highest quality of life as defined
by the patient and his or her family through the relief of
suffering and control of symptoms.
    (e) "Hospice care team" means an interdisciplinary group or
groups composed of individuals who provide or supervise the
care and services offered by the hospice.
    (f) "Hospice patient" means a terminally ill person
receiving hospice services.
    (g) "Hospice patient's family" means a hospice patient's
immediate family consisting of a spouse, sibling, child, parent
and those individuals designated as such by the patient for the
purposes of this Act.
    (g-1) "Hospice residence" means a separately licensed
home, apartment building, or similar building providing living
quarters:
        (1) that is owned or operated by a person licensed to
    operate as a comprehensive hospice; and
        (2) at which hospice services are provided to facility
    residents.
    A building that is licensed under the Hospital Licensing
Act, the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act is
not a hospice residence.
    (h) "Hospice services" means a range of professional and
other supportive services provided to a hospice patient and his
or her family. These services may include, but are not limited
to, physician services, nursing services, medical social work
services, spiritual counseling services, bereavement services,
and volunteer services.
    (h-5) "Hospice program" means a licensed public agency or
private organization, or a subdivision of either of those, that
is primarily engaged in providing care to terminally ill
individuals through a program of home care or inpatient care,
or both home care and inpatient care, utilizing a medically
directed interdisciplinary hospice care team of professionals
or volunteers, or both professionals and volunteers. A hospice
program may be licensed as a comprehensive hospice program or a
volunteer hospice program.
    (h-10) "Comprehensive hospice" means a program that
provides hospice services and meets the minimum standards for
certification under the Medicare program set forth in the
Conditions of Participation in 42 CFR Part 418 but is not
required to be Medicare-certified.
    (i) "Palliative care" means the management of pain and
other distressing symptoms that incorporates medical, nursing,
psychosocial, and spiritual care according to the needs,
values, beliefs, and culture or cultures of the patient and his
or her family. The evaluation and treatment is
patient-centered, with a focus on the central role of the
family unit in decision-making.
    (j) "Hospice service plan" means a plan detailing the
specific hospice services offered by a comprehensive or
volunteer hospice program, and the administrative and direct
care personnel responsible for those services. The plan shall
include but not be limited to:
        (1) Identification of the person or persons
    administratively responsible for the program.
        (2) The estimated average monthly patient census.
        (3) The proposed geographic area the hospice will
    serve.
        (4) A listing of those hospice services provided
    directly by the hospice, and those hospice services
    provided indirectly through a contractual agreement.
        (5) The name and qualifications of those persons or
    entities under contract to provide indirect hospice
    services.
        (6) The name and qualifications of those persons
    providing direct hospice services, with the exception of
    volunteers.
        (7) A description of how the hospice plans to utilize
    volunteers in the provision of hospice services.
        (8) A description of the program's record keeping
    system.
    (k) "Terminally ill" means a medical prognosis by a
physician licensed to practice medicine in all of its branches
that a patient has an anticipated life expectancy of one year
or less.
    (l) "Volunteer" means a person who offers his or her
services to a hospice without compensation. Reimbursement for a
volunteer's expenses in providing hospice service shall not be
considered compensation.
    (l-5) "Employee" means a paid or unpaid member of the staff
of a hospice program, or, if the hospice program is a
subdivision of an agency or organization, of the agency or
organization, who is appropriately trained and assigned to the
hospice program. "Employee" also means a volunteer whose duties
are prescribed by the hospice program and whose performance of
those duties is supervised by the hospice program.
    (l-10) "Representative" means an individual who has been
authorized under State law to terminate an individual's medical
care or to elect or revoke the election of hospice care on
behalf of a terminally ill individual who is mentally or
physically incapacitated.
    (m) "Volunteer hospice" means a program which provides
hospice services to patients regardless of their ability to
pay, with emphasis on the utilization of volunteers to provide
services, under the administration of a not-for-profit agency.
This definition does not prohibit the employment of staff.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (210 ILCS 60/4)  (from Ch. 111 1/2, par. 6104)
    Sec. 4. License.
    (a) No person shall establish, conduct or maintain a
comprehensive or volunteer hospice program without first
obtaining a license from the Department. A hospice residence
may be operated only at the locations listed on the license. A
comprehensive hospice program owning or operating a hospice
residence is not subject to the provisions of the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act of
2013, or the ID/DD Community Care Act in owning or operating a
hospice residence.
    (b) No public or private agency shall advertise or present
itself to the public as a comprehensive or volunteer hospice
program which provides hospice services without meeting the
provisions of subsection (a).
    (c) The license shall be valid only in the possession of
the hospice to which it was originally issued and shall not be
transferred or assigned to any other person, agency, or
corporation.
    (d) The license shall be renewed annually.
    (e) The license shall be displayed in a conspicuous place
inside the hospice program office.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 6-200. The Hospital Licensing Act is amended by
changing Sections 3 and 6.09 as follows:
 
    (210 ILCS 85/3)
    Sec. 3. As used in this Act:
    (A) "Hospital" means any institution, place, building,
buildings on a campus, or agency, public or private, whether
organized for profit or not, devoted primarily to the
maintenance and operation of facilities for the diagnosis and
treatment or care of 2 or more unrelated persons admitted for
overnight stay or longer in order to obtain medical, including
obstetric, psychiatric and nursing, care of illness, disease,
injury, infirmity, or deformity.
    The term "hospital", without regard to length of stay,
shall also include:
        (a) any facility which is devoted primarily to
    providing psychiatric and related services and programs
    for the diagnosis and treatment or care of 2 or more
    unrelated persons suffering from emotional or nervous
    diseases;
        (b) all places where pregnant females are received,
    cared for, or treated during delivery irrespective of the
    number of patients received.
    The term "hospital" includes general and specialized
hospitals, tuberculosis sanitaria, mental or psychiatric
hospitals and sanitaria, and includes maternity homes,
lying-in homes, and homes for unwed mothers in which care is
given during delivery.
    The term "hospital" does not include:
        (1) any person or institution required to be licensed
    pursuant to the Nursing Home Care Act, the Specialized
    Mental Health Rehabilitation Act of 2013, or the ID/DD
    Community Care Act;
        (2) hospitalization or care facilities maintained by
    the State or any department or agency thereof, where such
    department or agency has authority under law to establish
    and enforce standards for the hospitalization or care
    facilities under its management and control;
        (3) hospitalization or care facilities maintained by
    the federal government or agencies thereof;
        (4) hospitalization or care facilities maintained by
    any university or college established under the laws of
    this State and supported principally by public funds raised
    by taxation;
        (5) any person or facility required to be licensed
    pursuant to the Alcoholism and Other Drug Abuse and
    Dependency Act;
        (6) any facility operated solely by and for persons who
    rely exclusively upon treatment by spiritual means through
    prayer, in accordance with the creed or tenets of any
    well-recognized church or religious denomination;
        (7) an Alzheimer's disease management center
    alternative health care model licensed under the
    Alternative Health Care Delivery Act; or
        (8) any veterinary hospital or clinic operated by a
    veterinarian or veterinarians licensed under the
    Veterinary Medicine and Surgery Practice Act of 2004 or
    maintained by a State-supported or publicly funded
    university or college.
    (B) "Person" means the State, and any political subdivision
or municipal corporation, individual, firm, partnership,
corporation, company, association, or joint stock association,
or the legal successor thereof.
    (C) "Department" means the Department of Public Health of
the State of Illinois.
    (D) "Director" means the Director of Public Health of the
State of Illinois.
    (E) "Perinatal" means the period of time between the
conception of an infant and the end of the first month after
birth.
    (F) "Federally designated organ procurement agency" means
the organ procurement agency designated by the Secretary of the
U.S. Department of Health and Human Services for the service
area in which a hospital is located; except that in the case of
a hospital located in a county adjacent to Wisconsin which
currently contracts with an organ procurement agency located in
Wisconsin that is not the organ procurement agency designated
by the U.S. Secretary of Health and Human Services for the
service area in which the hospital is located, if the hospital
applies for a waiver pursuant to 42 USC 1320b-8(a), it may
designate an organ procurement agency located in Wisconsin to
be thereafter deemed its federally designated organ
procurement agency for the purposes of this Act.
    (G) "Tissue bank" means any facility or program operating
in Illinois that is certified by the American Association of
Tissue Banks or the Eye Bank Association of America and is
involved in procuring, furnishing, donating, or distributing
corneas, bones, or other human tissue for the purpose of
injecting, transfusing, or transplanting any of them into the
human body. "Tissue bank" does not include a licensed blood
bank. For the purposes of this Act, "tissue" does not include
organs.
    (H) "Campus", as this terms applies to operations, has the
same meaning as the term "campus" as set forth in federal
Medicare regulations, 42 CFR 413.65.
(Source: P.A. 96-219, eff. 8-10-09; 96-339, eff. 7-1-10;
96-1000, eff. 7-2-10; 96-1515, eff. 2-4-11; 97-38, eff.
6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (210 ILCS 85/6.09)  (from Ch. 111 1/2, par. 147.09)
    Sec. 6.09. (a) In order to facilitate the orderly
transition of aged and disabled patients from hospitals to
post-hospital care, whenever a patient who qualifies for the
federal Medicare program is hospitalized, the patient shall be
notified of discharge at least 24 hours prior to discharge from
the hospital. With regard to pending discharges to a skilled
nursing facility, the hospital must notify the case
coordination unit, as defined in 89 Ill. Adm. Code 240.260, at
least 24 hours prior to discharge or, if home health services
are ordered, the hospital must inform its designated case
coordination unit, as defined in 89 Ill. Adm. Code 240.260, of
the pending discharge and must provide the patient with the
case coordination unit's telephone number and other contact
information.
    (b) Every hospital shall develop procedures for a physician
with medical staff privileges at the hospital or any
appropriate medical staff member to provide the discharge
notice prescribed in subsection (a) of this Section. The
procedures must include prohibitions against discharging or
referring a patient to any of the following if unlicensed,
uncertified, or unregistered: (i) a board and care facility, as
defined in the Board and Care Home Act; (ii) an assisted living
and shared housing establishment, as defined in the Assisted
Living and Shared Housing Act; (iii) a facility licensed under
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act;
(iv) a supportive living facility, as defined in Section
5-5.01a of the Illinois Public Aid Code; or (v) a free-standing
hospice facility licensed under the Hospice Program Licensing
Act if licensure, certification, or registration is required.
The Department of Public Health shall annually provide
hospitals with a list of licensed, certified, or registered
board and care facilities, assisted living and shared housing
establishments, nursing homes, supportive living facilities,
facilities licensed under the ID/DD Community Care Act or the
Specialized Mental Health Rehabilitation Act of 2013, and
hospice facilities. Reliance upon this list by a hospital shall
satisfy compliance with this requirement. The procedure may
also include a waiver for any case in which a discharge notice
is not feasible due to a short length of stay in the hospital
by the patient, or for any case in which the patient
voluntarily desires to leave the hospital before the expiration
of the 24 hour period.
    (c) At least 24 hours prior to discharge from the hospital,
the patient shall receive written information on the patient's
right to appeal the discharge pursuant to the federal Medicare
program, including the steps to follow to appeal the discharge
and the appropriate telephone number to call in case the
patient intends to appeal the discharge.
    (d) Before transfer of a patient to a long term care
facility licensed under the Nursing Home Care Act where elderly
persons reside, a hospital shall as soon as practicable
initiate a name-based criminal history background check by
electronic submission to the Department of State Police for all
persons between the ages of 18 and 70 years; provided, however,
that a hospital shall be required to initiate such a background
check only with respect to patients who:
        (1) are transferring to a long term care facility for
    the first time;
        (2) have been in the hospital more than 5 days;
        (3) are reasonably expected to remain at the long term
    care facility for more than 30 days;
        (4) have a known history of serious mental illness or
    substance abuse; and
        (5) are independently ambulatory or mobile for more
    than a temporary period of time.
    A hospital may also request a criminal history background
check for a patient who does not meet any of the criteria set
forth in items (1) through (5).
    A hospital shall notify a long term care facility if the
hospital has initiated a criminal history background check on a
patient being discharged to that facility. In all circumstances
in which the hospital is required by this subsection to
initiate the criminal history background check, the transfer to
the long term care facility may proceed regardless of the
availability of criminal history results. Upon receipt of the
results, the hospital shall promptly forward the results to the
appropriate long term care facility. If the results of the
background check are inconclusive, the hospital shall have no
additional duty or obligation to seek additional information
from, or about, the patient.
(Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10;
97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff.
7-13-12.)
 
    Section 6-205. The Language Assistance Services Act is
amended by changing Section 10 as follows:
 
    (210 ILCS 87/10)
    Sec. 10. Definitions. As used in this Act:
    "Department" means the Department of Public Health.
    "Interpreter" means a person fluent in English and in the
necessary language of the patient who can accurately speak,
read, and readily interpret the necessary second language, or a
person who can accurately sign and read sign language.
Interpreters shall have the ability to translate the names of
body parts and to describe completely symptoms and injuries in
both languages. Interpreters may include members of the medical
or professional staff.
    "Language or communication barriers" means either of the
following:
        (1) With respect to spoken language, barriers that are
    experienced by limited-English-speaking or
    non-English-speaking individuals who speak the same
    primary language, if those individuals constitute at least
    5% of the patients served by the health facility annually.
        (2) With respect to sign language, barriers that are
    experienced by individuals who are deaf and whose primary
    language is sign language.
    "Health facility" means a hospital licensed under the
Hospital Licensing Act, a long-term care facility licensed
under the Nursing Home Care Act, or a facility licensed under
the ID/DD Community Care Act or the Specialized Mental Health
Rehabilitation Act of 2013.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 6-210. The Community-Integrated Living
Arrangements Licensure and Certification Act is amended by
changing Section 4 as follows:
 
    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)
    Sec. 4. (a) Any community mental health or developmental
services agency who wishes to develop and support a variety of
community-integrated living arrangements may do so pursuant to
a license issued by the Department under this Act. However,
programs established under or otherwise subject to the Child
Care Act of 1969, the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the ID/DD
Community Care Act, as now or hereafter amended, shall remain
subject thereto, and this Act shall not be construed to limit
the application of those Acts.
    (b) The system of licensure established under this Act
shall be for the purposes of:
        (1) Insuring that all recipients residing in
    community-integrated living arrangements are receiving
    appropriate community-based services, including treatment,
    training and habilitation or rehabilitation;
        (2) Insuring that recipients' rights are protected and
    that all programs provided to and placements arranged for
    recipients comply with this Act, the Mental Health and
    Developmental Disabilities Code, and applicable Department
    rules and regulations;
        (3) Maintaining the integrity of communities by
    requiring regular monitoring and inspection of placements
    and other services provided in community-integrated living
    arrangements.
    The licensure system shall be administered by a quality
assurance unit within the Department which shall be
administratively independent of units responsible for funding
of agencies or community services.
    (c) As a condition of being licensed by the Department as a
community mental health or developmental services agency under
this Act, the agency shall certify to the Department that:
        (1) All recipients residing in community-integrated
    living arrangements are receiving appropriate
    community-based services, including treatment, training
    and habilitation or rehabilitation;
        (2) All programs provided to and placements arranged
    for recipients are supervised by the agency; and
        (3) All programs provided to and placements arranged
    for recipients comply with this Act, the Mental Health and
    Developmental Disabilities Code, and applicable Department
    rules and regulations.
    (d) An applicant for licensure as a community mental health
or developmental services agency under this Act shall submit an
application pursuant to the application process established by
the Department by rule and shall pay an application fee in an
amount established by the Department, which amount shall not be
more than $200.
    (e) If an applicant meets the requirements established by
the Department to be licensed as a community mental health or
developmental services agency under this Act, after payment of
the licensing fee, the Department shall issue a license valid
for 3 years from the date thereof unless suspended or revoked
by the Department or voluntarily surrendered by the agency.
    (f) Upon application to the Department, the Department may
issue a temporary permit to an applicant for a 6-month period
to allow the holder of such permit reasonable time to become
eligible for a license under this Act.
    (g)(1) The Department may conduct site visits to an agency
licensed under this Act, or to any program or placement
certified by the agency, and inspect the records or premises,
or both, of such agency, program or placement as it deems
appropriate, for the purpose of determining compliance with
this Act, the Mental Health and Developmental Disabilities
Code, and applicable Department rules and regulations.
    (2) If the Department determines that an agency licensed
under this Act is not in compliance with this Act or the rules
and regulations promulgated under this Act, the Department
shall serve a notice of violation upon the licensee. Each
notice of violation shall be prepared in writing and shall
specify the nature of the violation, the statutory provision or
rule alleged to have been violated, and that the licensee
submit a plan of correction to the Department if required. The
notice shall also inform the licensee of any other action which
the Department might take pursuant to this Act and of the right
to a hearing.
    (g-5) As determined by the Department, a disproportionate
number or percentage of licensure complaints; a
disproportionate number or percentage of substantiated cases
of abuse, neglect, or exploitation involving an agency; an
apparent unnatural death of an individual served by an agency;
any egregious or life-threatening abuse or neglect within an
agency; or any other significant event as determined by the
Department shall initiate a review of the agency's license by
the Department, as well as a review of its service agreement
for funding. The Department shall adopt rules to establish the
process by which the determination to initiate a review shall
be made and the timeframe to initiate a review upon the making
of such determination.
    (h) Upon the expiration of any license issued under this
Act, a license renewal application shall be required of and a
license renewal fee in an amount established by the Department
shall be charged to a community mental health or developmental
services agency, provided that such fee shall not be more than
$200.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-441, eff. 8-19-11; 97-813, eff. 7-13-12.)
 
    Section 6-215. The Child Care Act of 1969 is amended by
changing Section 2.06 as follows:
 
    (225 ILCS 10/2.06)  (from Ch. 23, par. 2212.06)
    Sec. 2.06. "Child care institution" means a child care
facility where more than 7 children are received and maintained
for the purpose of providing them with care or training or
both. The term "child care institution" includes residential
schools, primarily serving ambulatory handicapped children,
and those operating a full calendar year, but does not include:
    (a) Any State-operated institution for child care
established by legislative action;
    (b) Any juvenile detention or shelter care home established
and operated by any county or child protection district
established under the "Child Protection Act";
    (c) Any institution, home, place or facility operating
under a license pursuant to the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
ID/DD Community Care Act;
    (d) Any bona fide boarding school in which children are
primarily taught branches of education corresponding to those
taught in public schools, grades one through 12, or taught in
public elementary schools, high schools, or both elementary and
high schools, and which operates on a regular academic school
year basis; or
    (e) Any facility licensed as a "group home" as defined in
this Act.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 6-220. The Health Care Worker Background Check Act
is amended by changing Section 15 as follows:
 
    (225 ILCS 46/15)
    Sec. 15. Definitions. In this Act:
    "Applicant" means an individual seeking employment with a
health care employer who has received a bona fide conditional
offer of employment.
    "Conditional offer of employment" means a bona fide offer
of employment by a health care employer to an applicant, which
is contingent upon the receipt of a report from the Department
of Public Health indicating that the applicant does not have a
record of conviction of any of the criminal offenses enumerated
in Section 25.
    "Direct care" means the provision of nursing care or
assistance with feeding, dressing, movement, bathing,
toileting, or other personal needs, including home services as
defined in the Home Health, Home Services, and Home Nursing
Agency Licensing Act. The entity responsible for inspecting and
licensing, certifying, or registering the health care employer
may, by administrative rule, prescribe guidelines for
interpreting this definition with regard to the health care
employers that it licenses.
    "Disqualifying offenses" means those offenses set forth in
Section 25 of this Act.
    "Employee" means any individual hired, employed, or
retained to which this Act applies.
    "Fingerprint-based criminal history records check" means a
livescan fingerprint-based criminal history records check
submitted as a fee applicant inquiry in the form and manner
prescribed by the Department of State Police.
    "Health care employer" means:
        (1) the owner or licensee of any of the following:
            (i) a community living facility, as defined in the
        Community Living Facilities Act;
            (ii) a life care facility, as defined in the Life
        Care Facilities Act;
            (iii) a long-term care facility;
            (iv) a home health agency, home services agency, or
        home nursing agency as defined in the Home Health, Home
        Services, and Home Nursing Agency Licensing Act;
            (v) a hospice care program or volunteer hospice
        program, as defined in the Hospice Program Licensing
        Act;
            (vi) a hospital, as defined in the Hospital
        Licensing Act;
            (vii) (blank);
            (viii) a nurse agency, as defined in the Nurse
        Agency Licensing Act;
            (ix) a respite care provider, as defined in the
        Respite Program Act;
            (ix-a) an establishment licensed under the
        Assisted Living and Shared Housing Act;
            (x) a supportive living program, as defined in the
        Illinois Public Aid Code;
            (xi) early childhood intervention programs as
        described in 59 Ill. Adm. Code 121;
            (xii) the University of Illinois Hospital,
        Chicago;
            (xiii) programs funded by the Department on Aging
        through the Community Care Program;
            (xiv) programs certified to participate in the
        Supportive Living Program authorized pursuant to
        Section 5-5.01a of the Illinois Public Aid Code;
            (xv) programs listed by the Emergency Medical
        Services (EMS) Systems Act as Freestanding Emergency
        Centers;
            (xvi) locations licensed under the Alternative
        Health Care Delivery Act;
        (2) a day training program certified by the Department
    of Human Services;
        (3) a community integrated living arrangement operated
    by a community mental health and developmental service
    agency, as defined in the Community-Integrated Living
    Arrangements Licensing and Certification Act; or
        (4) the State Long Term Care Ombudsman Program,
    including any regional long term care ombudsman programs
    under Section 4.04 of the Illinois Act on the Aging, only
    for the purpose of securing background checks.
    "Initiate" means obtaining from a student, applicant, or
employee his or her social security number, demographics, a
disclosure statement, and an authorization for the Department
of Public Health or its designee to request a fingerprint-based
criminal history records check; transmitting this information
electronically to the Department of Public Health; conducting
Internet searches on certain web sites, including without
limitation the Illinois Sex Offender Registry, the Department
of Corrections' Sex Offender Search Engine, the Department of
Corrections' Inmate Search Engine, the Department of
Corrections Wanted Fugitives Search Engine, the National Sex
Offender Public Registry, and the website of the Health and
Human Services Office of Inspector General to determine if the
applicant has been adjudicated a sex offender, has been a
prison inmate, or has committed Medicare or Medicaid fraud, or
conducting similar searches as defined by rule; and having the
student, applicant, or employee's fingerprints collected and
transmitted electronically to the Department of State Police.
    "Livescan vendor" means an entity whose equipment has been
certified by the Department of State Police to collect an
individual's demographics and inkless fingerprints and, in a
manner prescribed by the Department of State Police and the
Department of Public Health, electronically transmit the
fingerprints and required data to the Department of State
Police and a daily file of required data to the Department of
Public Health. The Department of Public Health shall negotiate
a contract with one or more vendors that effectively
demonstrate that the vendor has 2 or more years of experience
transmitting fingerprints electronically to the Department of
State Police and that the vendor can successfully transmit the
required data in a manner prescribed by the Department of
Public Health. Vendor authorization may be further defined by
administrative rule.
    "Long-term care facility" means a facility licensed by the
State or certified under federal law as a long-term care
facility, including without limitation facilities licensed
under the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act, a
supportive living facility, an assisted living establishment,
or a shared housing establishment or registered as a board and
care home.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 6-225. The Nursing Home Administrators Licensing
and Disciplinary Act is amended by changing Sections 4 and 17
as follows:
 
    (225 ILCS 70/4)  (from Ch. 111, par. 3654)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 4. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
        (1) "Act" means the Nursing Home Administrators
    Licensing and Disciplinary Act.
        (2) "Department" means the Department of Financial and
    Professional Regulation.
        (3) "Secretary" means the Secretary of Financial and
    Professional Regulation.
        (4) "Board" means the Nursing Home Administrators
    Licensing and Disciplinary Board appointed by the
    Governor.
        (5) "Nursing home administrator" means the individual
    licensed under this Act and directly responsible for
    planning, organizing, directing and supervising the
    operation of a nursing home, or who in fact performs such
    functions, whether or not such functions are delegated to
    one or more other persons.
        (6) "Nursing home" or "facility" means any entity that
    is required to be licensed by the Department of Public
    Health under the Nursing Home Care Act, as amended, other
    than a sheltered care home as defined thereunder, and
    includes private homes, institutions, buildings,
    residences, or other places, whether operated for profit or
    not, irrespective of the names attributed to them, county
    homes for the infirm and chronically ill operated pursuant
    to the County Nursing Home Act, as amended, and any similar
    institutions operated by a political subdivision of the
    State of Illinois that provide, though their ownership or
    management, maintenance, personal care, and nursing for 3
    or more persons, not related to the owner by blood or
    marriage, or any similar facilities in which maintenance is
    provided to 3 or more persons who by reason of illness of
    physical infirmity require personal care and nursing. The
    term also means any facility licensed under the ID/DD
    Community Care Act or the Specialized Mental Health
    Rehabilitation Act of 2013.
        (7) "Maintenance" means food, shelter and laundry.
        (8) "Personal care" means assistance with meals,
    dressing, movement, bathing, or other personal needs, or
    general supervision of the physical and mental well-being
    of an individual who because of age, physical, or mental
    disability, emotion or behavior disorder, or an
    intellectual disability is incapable of managing his or her
    person, whether or not a guardian has been appointed for
    such individual. For the purposes of this Act, this
    definition does not include the professional services of a
    nurse.
        (9) "Nursing" means professional nursing or practical
    nursing, as those terms are defined in the Nurse Practice
    Act, for sick or infirm persons who are under the care and
    supervision of licensed physicians or dentists.
        (10) "Disciplinary action" means revocation,
    suspension, probation, supervision, reprimand, required
    education, fines or any other action taken by the
    Department against a person holding a license.
        (11) "Impaired" means the inability to practice with
    reasonable skill and safety due to physical or mental
    disabilities as evidenced by a written determination or
    written consent based on clinical evidence including
    deterioration through the aging process or loss of motor
    skill, or abuse of drugs or alcohol, of sufficient degree
    to diminish a person's ability to administer a nursing
    home.
        (12) "Address of record" means the designated address
    recorded by the Department in the applicant's or licensee's
    application file or license file maintained by the
    Department's licensure maintenance unit. It is the duty of
    the applicant or licensee to inform the Department of any
    change of address, and such changes must be made either
    through the Department's website or by contacting the
    Department's licensure maintenance unit.
(Source: P.A. 96-328, eff. 8-11-09; 96-339, eff. 7-1-10; 97-38,
eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (225 ILCS 70/17)  (from Ch. 111, par. 3667)
    Sec. 17. Grounds for disciplinary action.
    (a) The Department may impose fines not to exceed $10,000
or may refuse to issue or to renew, or may revoke, suspend,
place on probation, censure, reprimand or take other
disciplinary or non-disciplinary action with regard to the
license of any person, for any one or combination of the
following causes:
        (1) Intentional material misstatement in furnishing
    information to the Department.
        (2) Conviction of or entry of a plea of guilty or nolo
    contendere to any crime that is a felony under the laws of
    the United States or any state or territory thereof or a
    misdemeanor of which an essential element is dishonesty or
    that is directly related to the practice of the profession
    of nursing home administration.
        (3) Making any misrepresentation for the purpose of
    obtaining a license, or violating any provision of this
    Act.
        (4) Immoral conduct in the commission of any act, such
    as sexual abuse or sexual misconduct, related to the
    licensee's practice.
        (5) Failing to respond within 30 days, to a written
    request made by the Department for information.
        (6) Engaging in dishonorable, unethical or
    unprofessional conduct of a character likely to deceive,
    defraud or harm the public.
        (7) Habitual use or addiction to alcohol, narcotics,
    stimulants, or any other chemical agent or drug which
    results in the inability to practice with reasonable
    judgment, skill or safety.
        (8) Discipline by another U.S. jurisdiction if at least
    one of the grounds for the discipline is the same or
    substantially equivalent to those set forth herein.
        (9) A finding by the Department that the licensee,
    after having his or her license placed on probationary
    status has violated the terms of probation.
        (10) Willfully making or filing false records or
    reports in his or her practice, including but not limited
    to false records filed with State agencies or departments.
        (11) Physical illness, mental illness, or other
    impairment or disability, including, but not limited to,
    deterioration through the aging process, or loss of motor
    skill that results in the inability to practice the
    profession with reasonable judgment, skill or safety.
        (12) Disregard or violation of this Act or of any rule
    issued pursuant to this Act.
        (13) Aiding or abetting another in the violation of
    this Act or any rule or regulation issued pursuant to this
    Act.
        (14) Allowing one's license to be used by an unlicensed
    person.
        (15) (Blank).
        (16) Professional incompetence in the practice of
    nursing home administration.
        (17) Conviction of a violation of Section 12-19 or
    subsection (a) of Section 12-4.4a of the Criminal Code of
    1961 or the Criminal Code of 2012 for the abuse and
    criminal neglect of a long term care facility resident.
        (18) Violation of the Nursing Home Care Act, the
    Specialized Mental Health Rehabilitation Act of 2013, or
    the ID/DD Community Care Act or of any rule issued under
    the Nursing Home Care Act, the Specialized Mental Health
    Rehabilitation Act of 2013, or the ID/DD Community Care
    Act. A final adjudication of a Type "AA" violation of the
    Nursing Home Care Act made by the Illinois Department of
    Public Health, as identified by rule, relating to the
    hiring, training, planning, organizing, directing, or
    supervising the operation of a nursing home and a
    licensee's failure to comply with this Act or the rules
    adopted under this Act, shall create a rebuttable
    presumption of a violation of this subsection.
        (19) Failure to report to the Department any adverse
    final action taken against the licensee by a licensing
    authority of another state, territory of the United States,
    or foreign country; or by any governmental or law
    enforcement agency; or by any court for acts or conduct
    similar to acts or conduct that would constitute grounds
    for disciplinary action under this Section.
        (20) Failure to report to the Department the surrender
    of a license or authorization to practice as a nursing home
    administrator in another state or jurisdiction for acts or
    conduct similar to acts or conduct that would constitute
    grounds for disciplinary action under this Section.
        (21) Failure to report to the Department any adverse
    judgment, settlement, or award arising from a liability
    claim related to acts or conduct similar to acts or conduct
    that would constitute grounds for disciplinary action
    under this Section.
    All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the Department
may deem proper, with regard to a license on any of the
foregoing grounds, must be commenced within 5 years next after
receipt by the Department of (i) a complaint alleging the
commission of or notice of the conviction order for any of the
acts described herein or (ii) a referral for investigation
under Section 3-108 of the Nursing Home Care Act.
    The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Department order based upon a
finding by the Board that they have been determined to be
recovered from mental illness by the court and upon the Board's
recommendation that they be permitted to resume their practice.
    The Department, upon the recommendation of the Board, may
adopt rules which set forth standards to be used in determining
what constitutes:
        (i) when a person will be deemed sufficiently
    rehabilitated to warrant the public trust;
        (ii) dishonorable, unethical or unprofessional conduct
    of a character likely to deceive, defraud, or harm the
    public;
        (iii) immoral conduct in the commission of any act
    related to the licensee's practice; and
        (iv) professional incompetence in the practice of
    nursing home administration.
    However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
    In enforcing this Section, the Department or Board, upon a
showing of a possible violation, may compel any individual
licensed to practice under this Act, or who has applied for
licensure pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physician or
physicians shall be those specifically designated by the
Department or Board. The Department or Board may order the
examining physician to present testimony concerning this
mental or physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to submit
to mental or physical examination, when directed, shall be
grounds for suspension of his or her license until such time as
the individual submits to the examination if the Department
finds, after notice and hearing, that the refusal to submit to
the examination was without reasonable cause.
    If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board shall require such individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. Any
individual whose license was granted pursuant to this Act or
continued, reinstated, renewed, disciplined or supervised,
subject to such terms, conditions or restrictions who shall
fail to comply with such terms, conditions or restrictions
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended
immediately, pending a hearing by the Department. In instances
in which the Secretary immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Board within 30 days after such suspension and
completed without appreciable delay. The Department and Board
shall have the authority to review the subject administrator's
record of treatment and counseling regarding the impairment, to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
    An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
    (b) Any individual or organization acting in good faith,
and not in a wilful and wanton manner, in complying with this
Act by providing any report or other information to the
Department, or assisting in the investigation or preparation of
such information, or by participating in proceedings of the
Department, or by serving as a member of the Board, shall not,
as a result of such actions, be subject to criminal prosecution
or civil damages.
    (c) Members of the Board, and persons retained under
contract to assist and advise in an investigation, shall be
indemnified by the State for any actions occurring within the
scope of services on or for the Board, done in good faith and
not wilful and wanton in nature. The Attorney General shall
defend all such actions unless he or she determines either that
there would be a conflict of interest in such representation or
that the actions complained of were not in good faith or were
wilful and wanton.
    Should the Attorney General decline representation, a
person entitled to indemnification under this Section shall
have the right to employ counsel of his or her choice, whose
fees shall be provided by the State, after approval by the
Attorney General, unless there is a determination by a court
that the member's actions were not in good faith or were wilful
and wanton.
    A person entitled to indemnification under this Section
must notify the Attorney General within 7 days of receipt of
notice of the initiation of any action involving services of
the Board. Failure to so notify the Attorney General shall
constitute an absolute waiver of the right to a defense and
indemnification.
    The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent a person entitled to indemnification under this
Section.
    (d) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. Such
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
    (e) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Department of Revenue, until
such time as the requirements of any such tax Act are
satisfied.
    (f) The Department of Public Health shall transmit to the
Department a list of those facilities which receive an "A"
violation as defined in Section 1-129 of the Nursing Home Care
Act.
(Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10;
96-1551, eff. 7-1-11; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
    Section 6-230. The Pharmacy Practice Act is amended by
changing Section 3 as follows:
 
    (225 ILCS 85/3)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 3. Definitions. For the purpose of this Act, except
where otherwise limited therein:
    (a) "Pharmacy" or "drugstore" means and includes every
store, shop, pharmacy department, or other place where
pharmacist care is provided by a pharmacist (1) where drugs,
medicines, or poisons are dispensed, sold or offered for sale
at retail, or displayed for sale at retail; or (2) where
prescriptions of physicians, dentists, advanced practice
nurses, physician assistants, veterinarians, podiatrists, or
optometrists, within the limits of their licenses, are
compounded, filled, or dispensed; or (3) which has upon it or
displayed within it, or affixed to or used in connection with
it, a sign bearing the word or words "Pharmacist", "Druggist",
"Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", "Drugs", "Dispensary",
"Medicines", or any word or words of similar or like import,
either in the English language or any other language; or (4)
where the characteristic prescription sign (Rx) or similar
design is exhibited; or (5) any store, or shop, or other place
with respect to which any of the above words, objects, signs or
designs are used in any advertisement.
    (b) "Drugs" means and includes (l) articles recognized in
the official United States Pharmacopoeia/National Formulary
(USP/NF), or any supplement thereto and being intended for and
having for their main use the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other animals, as
approved by the United States Food and Drug Administration, but
does not include devices or their components, parts, or
accessories; and (2) all other articles intended for and having
for their main use the diagnosis, cure, mitigation, treatment
or prevention of disease in man or other animals, as approved
by the United States Food and Drug Administration, but does not
include devices or their components, parts, or accessories; and
(3) articles (other than food) having for their main use and
intended to affect the structure or any function of the body of
man or other animals; and (4) articles having for their main
use and intended for use as a component or any articles
specified in clause (l), (2) or (3); but does not include
devices or their components, parts or accessories.
    (c) "Medicines" means and includes all drugs intended for
human or veterinary use approved by the United States Food and
Drug Administration.
    (d) "Practice of pharmacy" means (1) the interpretation and
the provision of assistance in the monitoring, evaluation, and
implementation of prescription drug orders; (2) the dispensing
of prescription drug orders; (3) participation in drug and
device selection; (4) drug administration limited to the
administration of oral, topical, injectable, and inhalation as
follows: in the context of patient education on the proper use
or delivery of medications; vaccination of patients 14 years of
age and older pursuant to a valid prescription or standing
order, by a physician licensed to practice medicine in all its
branches, upon completion of appropriate training, including
how to address contraindications and adverse reactions set
forth by rule, with notification to the patient's physician and
appropriate record retention, or pursuant to hospital pharmacy
and therapeutics committee policies and procedures; (5)
vaccination of patients ages 10 through 13 limited to the
Influenza (inactivated influenza vaccine and live attenuated
influenza intranasal vaccine) and Tdap (defined as tetanus,
diphtheria, acellular pertussis) vaccines, pursuant to a valid
prescription or standing order, by a physician licensed to
practice medicine in all its branches, upon completion of
appropriate training, including how to address
contraindications and adverse reactions set forth by rule, with
notification to the patient's physician and appropriate record
retention, or pursuant to hospital pharmacy and therapeutics
committee policies and procedures; (6) drug regimen review; (7)
drug or drug-related research; (8) the provision of patient
counseling; (9) the practice of telepharmacy; (10) the
provision of those acts or services necessary to provide
pharmacist care; (11) medication therapy management; and (12)
the responsibility for compounding and labeling of drugs and
devices (except labeling by a manufacturer, repackager, or
distributor of non-prescription drugs and commercially
packaged legend drugs and devices), proper and safe storage of
drugs and devices, and maintenance of required records. A
pharmacist who performs any of the acts defined as the practice
of pharmacy in this State must be actively licensed as a
pharmacist under this Act.
    (e) "Prescription" means and includes any written, oral,
facsimile, or electronically transmitted order for drugs or
medical devices, issued by a physician licensed to practice
medicine in all its branches, dentist, veterinarian, or
podiatrist, or optometrist, within the limits of their
licenses, by a physician assistant in accordance with
subsection (f) of Section 4, or by an advanced practice nurse
in accordance with subsection (g) of Section 4, containing the
following: (l) name of the patient; (2) date when prescription
was issued; (3) name and strength of drug or description of the
medical device prescribed; and (4) quantity; (5) directions for
use; (6) prescriber's name, address, and signature; and (7) DEA
number where required, for controlled substances. The
prescription may, but is not required to, list the illness,
disease, or condition for which the drug or device is being
prescribed. DEA numbers shall not be required on inpatient drug
orders.
    (f) "Person" means and includes a natural person,
copartnership, association, corporation, government entity, or
any other legal entity.
    (g) "Department" means the Department of Financial and
Professional Regulation.
    (h) "Board of Pharmacy" or "Board" means the State Board of
Pharmacy of the Department of Financial and Professional
Regulation.
    (i) "Secretary" means the Secretary of Financial and
Professional Regulation.
    (j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section
25 of this Act and Section 3.14 of the Illinois Food, Drug and
Cosmetic Act.
    (k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act, the ID/DD Community
Care Act, the Specialized Mental Health Rehabilitation Act of
2013, or the Hospital Licensing Act, or "An Act in relation to
the founding and operation of the University of Illinois
Hospital and the conduct of University of Illinois health care
programs", approved July 3, 1931, as amended, or a facility
which is operated by the Department of Human Services (as
successor to the Department of Mental Health and Developmental
Disabilities) or the Department of Corrections.
    (k-5) "Pharmacist" means an individual health care
professional and provider currently licensed by this State to
engage in the practice of pharmacy.
    (l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license and who is responsible
for all aspects of the operation related to the practice of
pharmacy.
    (m) "Dispense" or "dispensing" means the interpretation,
evaluation, and implementation of a prescription drug order,
including the preparation and delivery of a drug or device to a
patient or patient's agent in a suitable container
appropriately labeled for subsequent administration to or use
by a patient in accordance with applicable State and federal
laws and regulations. "Dispense" or "dispensing" does not mean
the physical delivery to a patient or a patient's
representative in a home or institution by a designee of a
pharmacist or by common carrier. "Dispense" or "dispensing"
also does not mean the physical delivery of a drug or medical
device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while the
pharmacist is on duty and the pharmacy is open.
    (n) "Nonresident pharmacy" means a pharmacy that is located
in a state, commonwealth, or territory of the United States,
other than Illinois, that delivers, dispenses, or distributes,
through the United States Postal Service, commercially
acceptable parcel delivery service, or other common carrier, to
Illinois residents, any substance which requires a
prescription.
    (o) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug
orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if all of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
    (p) (Blank).
    (q) (Blank).
    (r) "Patient counseling" means the communication between a
pharmacist or a student pharmacist under the supervision of a
pharmacist and a patient or the patient's representative about
the patient's medication or device for the purpose of
optimizing proper use of prescription medications or devices.
"Patient counseling" may include without limitation (1)
obtaining a medication history; (2) acquiring a patient's
allergies and health conditions; (3) facilitation of the
patient's understanding of the intended use of the medication;
(4) proper directions for use; (5) significant potential
adverse events; (6) potential food-drug interactions; and (7)
the need to be compliant with the medication therapy. A
pharmacy technician may only participate in the following
aspects of patient counseling under the supervision of a
pharmacist: (1) obtaining medication history; (2) providing
the offer for counseling by a pharmacist or student pharmacist;
and (3) acquiring a patient's allergies and health conditions.
    (s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient
prescription information, including prescriptions for
controlled substances, and personal information.
    (t) (Blank).
    (u) "Medical device" means an instrument, apparatus,
implement, machine, contrivance, implant, in vitro reagent, or
other similar or related article, including any component part
or accessory, required under federal law to bear the label
"Caution: Federal law requires dispensing by or on the order of
a physician". A seller of goods and services who, only for the
purpose of retail sales, compounds, sells, rents, or leases
medical devices shall not, by reasons thereof, be required to
be a licensed pharmacy.
    (v) "Unique identifier" means an electronic signature,
handwritten signature or initials, thumb print, or other
acceptable biometric or electronic identification process as
approved by the Department.
    (w) "Current usual and customary retail price" means the
price that a pharmacy charges to a non-third-party payor.
    (x) "Automated pharmacy system" means a mechanical system
located within the confines of the pharmacy or remote location
that performs operations or activities, other than compounding
or administration, relative to storage, packaging, dispensing,
or distribution of medication, and which collects, controls,
and maintains all transaction information.
    (y) "Drug regimen review" means and includes the evaluation
of prescription drug orders and patient records for (1) known
allergies; (2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as age,
gender, and contraindications; (4) reasonable directions for
use; (5) potential or actual adverse drug reactions; (6)
drug-drug interactions; (7) drug-food interactions; (8)
drug-disease contraindications; (9) therapeutic duplication;
(10) patient laboratory values when authorized and available;
(11) proper utilization (including over or under utilization)
and optimum therapeutic outcomes; and (12) abuse and misuse.
    (z) "Electronic transmission prescription" means any
prescription order for which a facsimile or electronic image of
the order is electronically transmitted from a licensed
prescriber to a pharmacy. "Electronic transmission
prescription" includes both data and image prescriptions.
    (aa) "Medication therapy management services" means a
distinct service or group of services offered by licensed
pharmacists, physicians licensed to practice medicine in all
its branches, advanced practice nurses authorized in a written
agreement with a physician licensed to practice medicine in all
its branches, or physician assistants authorized in guidelines
by a supervising physician that optimize therapeutic outcomes
for individual patients through improved medication use. In a
retail or other non-hospital pharmacy, medication therapy
management services shall consist of the evaluation of
prescription drug orders and patient medication records to
resolve conflicts with the following:
        (1) known allergies;
        (2) drug or potential therapy contraindications;
        (3) reasonable dose, duration of use, and route of
    administration, taking into consideration factors such as
    age, gender, and contraindications;
        (4) reasonable directions for use;
        (5) potential or actual adverse drug reactions;
        (6) drug-drug interactions;
        (7) drug-food interactions;
        (8) drug-disease contraindications;
        (9) identification of therapeutic duplication;
        (10) patient laboratory values when authorized and
    available;
        (11) proper utilization (including over or under
    utilization) and optimum therapeutic outcomes; and
        (12) drug abuse and misuse.
    "Medication therapy management services" includes the
following:
        (1) documenting the services delivered and
    communicating the information provided to patients'
    prescribers within an appropriate time frame, not to exceed
    48 hours;
        (2) providing patient counseling designed to enhance a
    patient's understanding and the appropriate use of his or
    her medications; and
        (3) providing information, support services, and
    resources designed to enhance a patient's adherence with
    his or her prescribed therapeutic regimens.
    "Medication therapy management services" may also include
patient care functions authorized by a physician licensed to
practice medicine in all its branches for his or her identified
patient or groups of patients under specified conditions or
limitations in a standing order from the physician.
    "Medication therapy management services" in a licensed
hospital may also include the following:
        (1) reviewing assessments of the patient's health
    status; and
        (2) following protocols of a hospital pharmacy and
    therapeutics committee with respect to the fulfillment of
    medication orders.
    (bb) "Pharmacist care" means the provision by a pharmacist
of medication therapy management services, with or without the
dispensing of drugs or devices, intended to achieve outcomes
that improve patient health, quality of life, and comfort and
enhance patient safety.
    (cc) "Protected health information" means individually
identifiable health information that, except as otherwise
provided, is:
        (1) transmitted by electronic media;
        (2) maintained in any medium set forth in the
    definition of "electronic media" in the federal Health
    Insurance Portability and Accountability Act; or
        (3) transmitted or maintained in any other form or
    medium.
    "Protected health information" does not include
individually identifiable health information found in:
        (1) education records covered by the federal Family
    Educational Right and Privacy Act; or
        (2) employment records held by a licensee in its role
    as an employer.
    (dd) "Standing order" means a specific order for a patient
or group of patients issued by a physician licensed to practice
medicine in all its branches in Illinois.
    (ee) "Address of record" means the address recorded by the
Department in the applicant's or licensee's application file or
license file, as maintained by the Department's licensure
maintenance unit.
    (ff) "Home pharmacy" means the location of a pharmacy's
primary operations.
(Source: P.A. 96-339, eff. 7-1-10; 96-673, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1353, eff. 7-28-10; 97-38, eff.
6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1043,
eff. 8-21-12.)
 
    Section 6-235. The Nurse Agency Licensing Act is amended by
changing Section 3 as follows:
 
    (225 ILCS 510/3)  (from Ch. 111, par. 953)
    Sec. 3. Definitions. As used in this Act:
    (a) "Certified nurse aide" means an individual certified as
defined in Section 3-206 of the Nursing Home Care Act, Section
3-206 of the Specialized Mental Health Rehabilitation Act, or
Section 3-206 of the ID/DD Community Care Act, as now or
hereafter amended.
    (b) "Department" means the Department of Labor.
    (c) "Director" means the Director of Labor.
    (d) "Health care facility" is defined as in Section 3 of
the Illinois Health Facilities Planning Act, as now or
hereafter amended.
    (e) "Licensee" means any nursing agency which is properly
licensed under this Act.
    (f) "Nurse" means a registered nurse or a licensed
practical nurse as defined in the Nurse Practice Act.
    (g) "Nurse agency" means any individual, firm,
corporation, partnership or other legal entity that employs,
assigns or refers nurses or certified nurse aides to a health
care facility for a fee. The term "nurse agency" includes
nurses registries. The term "nurse agency" does not include
services provided by home health agencies licensed and operated
under the Home Health, Home Services, and Home Nursing Agency
Licensing Act or a licensed or certified individual who
provides his or her own services as a regular employee of a
health care facility, nor does it apply to a health care
facility's organizing nonsalaried employees to provide
services only in that facility.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 6-240. The Illinois Public Aid Code is amended by
changing Sections 5-5.2, 5-5.4, 5-5.7, 5-5f, 5-6, and 8A-11 as
follows:
 
    (305 ILCS 5/5-5.2)  (from Ch. 23, par. 5-5.2)
    Sec. 5-5.2. Payment.
    (a) All nursing facilities that are grouped pursuant to
Section 5-5.1 of this Act shall receive the same rate of
payment for similar services.
    (b) It shall be a matter of State policy that the Illinois
Department shall utilize a uniform billing cycle throughout the
State for the long-term care providers.
    (c) Notwithstanding any other provisions of this Code, the
methodologies for reimbursement of nursing services as
provided under this Article shall no longer be applicable for
bills payable for nursing services rendered on or after a new
reimbursement system based on the Resource Utilization Groups
(RUGs) has been fully operationalized, which shall take effect
for services provided on or after January 1, 2014.
    (d) A new nursing services reimbursement methodology
utilizing RUGs IV 48 grouper model shall be established and may
include an Illinois-specific default group, as needed. The new
RUGs-based nursing services reimbursement methodology shall be
resident-driven, facility-specific, and cost-based. Costs
shall be annually rebased and case mix index quarterly updated.
The methodology shall include regional wage adjustors based on
the Health Service Areas (HSA) groupings in effect on April 30,
2012. The Department shall assign a case mix index to each
resident class based on the Centers for Medicare and Medicaid
Services staff time measurement study utilizing an index
maximization approach.
    (e) Notwithstanding any other provision of this Code, the
Department shall by rule develop a reimbursement methodology
reflective of the intensity of care and services requirements
of low need residents in the lowest RUG IV groupers and
corresponding regulations.
    (f) Notwithstanding any other provision of this Code, on
and after July 1, 2012, reimbursement rates associated with the
nursing or support components of the current nursing facility
rate methodology shall not increase beyond the level effective
May 1, 2011 until a new reimbursement system based on the RUGs
IV 48 grouper model has been fully operationalized.
    (g) Notwithstanding any other provision of this Code, on
and after July 1, 2012, for facilities not designated by the
Department of Healthcare and Family Services as "Institutions
for Mental Disease", rates effective May 1, 2011 shall be
adjusted as follows:
        (1) Individual nursing rates for residents classified
    in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter
    ending March 31, 2012 shall be reduced by 10%;
        (2) Individual nursing rates for residents classified
    in all other RUG IV groups shall be reduced by 1.0%;
        (3) Facility rates for the capital and support
    components shall be reduced by 1.7%.
    (h) Notwithstanding any other provision of this Code, on
and after July 1, 2012, nursing facilities designated by the
Department of Healthcare and Family Services as "Institutions
for Mental Disease" and "Institutions for Mental Disease" that
are facilities licensed under the Specialized Mental Health
Rehabilitation Act of 2013 shall have the nursing,
socio-developmental, capital, and support components of their
reimbursement rate effective May 1, 2011 reduced in total by
2.7%.
(Source: P.A. 96-1530, eff. 2-16-11; 97-689, eff. 6-14-12.)
 
    (305 ILCS 5/5-5.4)  (from Ch. 23, par. 5-5.4)
    Sec. 5-5.4. Standards of Payment - Department of Healthcare
and Family Services. The Department of Healthcare and Family
Services shall develop standards of payment of nursing facility
and ICF/DD services in facilities providing such services under
this Article which:
    (1) Provide for the determination of a facility's payment
for nursing facility or ICF/DD services on a prospective basis.
The amount of the payment rate for all nursing facilities
certified by the Department of Public Health under the ID/DD
Community Care Act or the Nursing Home Care Act as Intermediate
Care for the Developmentally Disabled facilities, Long Term
Care for Under Age 22 facilities, Skilled Nursing facilities,
or Intermediate Care facilities under the medical assistance
program shall be prospectively established annually on the
basis of historical, financial, and statistical data
reflecting actual costs from prior years, which shall be
applied to the current rate year and updated for inflation,
except that the capital cost element for newly constructed
facilities shall be based upon projected budgets. The annually
established payment rate shall take effect on July 1 in 1984
and subsequent years. No rate increase and no update for
inflation shall be provided on or after July 1, 1994 and before
January 1, 2014, unless specifically provided for in this
Section. The changes made by Public Act 93-841 extending the
duration of the prohibition against a rate increase or update
for inflation are effective retroactive to July 1, 2004.
    For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 1998
shall include an increase of 3%. For facilities licensed by the
Department of Public Health under the Nursing Home Care Act as
Skilled Nursing facilities or Intermediate Care facilities,
the rates taking effect on July 1, 1998 shall include an
increase of 3% plus $1.10 per resident-day, as defined by the
Department. For facilities licensed by the Department of Public
Health under the Nursing Home Care Act as Intermediate Care
Facilities for the Developmentally Disabled or Long Term Care
for Under Age 22 facilities, the rates taking effect on January
1, 2006 shall include an increase of 3%. For facilities
licensed by the Department of Public Health under the Nursing
Home Care Act as Intermediate Care Facilities for the
Developmentally Disabled or Long Term Care for Under Age 22
facilities, the rates taking effect on January 1, 2009 shall
include an increase sufficient to provide a $0.50 per hour wage
increase for non-executive staff.
    For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 1999
shall include an increase of 1.6% plus $3.00 per resident-day,
as defined by the Department. For facilities licensed by the
Department of Public Health under the Nursing Home Care Act as
Skilled Nursing facilities or Intermediate Care facilities,
the rates taking effect on July 1, 1999 shall include an
increase of 1.6% and, for services provided on or after October
1, 1999, shall be increased by $4.00 per resident-day, as
defined by the Department.
    For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on July 1, 2000
shall include an increase of 2.5% per resident-day, as defined
by the Department. For facilities licensed by the Department of
Public Health under the Nursing Home Care Act as Skilled
Nursing facilities or Intermediate Care facilities, the rates
taking effect on July 1, 2000 shall include an increase of 2.5%
per resident-day, as defined by the Department.
    For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as skilled nursing facilities
or intermediate care facilities, a new payment methodology must
be implemented for the nursing component of the rate effective
July 1, 2003. The Department of Public Aid (now Healthcare and
Family Services) shall develop the new payment methodology
using the Minimum Data Set (MDS) as the instrument to collect
information concerning nursing home resident condition
necessary to compute the rate. The Department shall develop the
new payment methodology to meet the unique needs of Illinois
nursing home residents while remaining subject to the
appropriations provided by the General Assembly. A transition
period from the payment methodology in effect on June 30, 2003
to the payment methodology in effect on July 1, 2003 shall be
provided for a period not exceeding 3 years and 184 days after
implementation of the new payment methodology as follows:
        (A) For a facility that would receive a lower nursing
    component rate per patient day under the new system than
    the facility received effective on the date immediately
    preceding the date that the Department implements the new
    payment methodology, the nursing component rate per
    patient day for the facility shall be held at the level in
    effect on the date immediately preceding the date that the
    Department implements the new payment methodology until a
    higher nursing component rate of reimbursement is achieved
    by that facility.
        (B) For a facility that would receive a higher nursing
    component rate per patient day under the payment
    methodology in effect on July 1, 2003 than the facility
    received effective on the date immediately preceding the
    date that the Department implements the new payment
    methodology, the nursing component rate per patient day for
    the facility shall be adjusted.
        (C) Notwithstanding paragraphs (A) and (B), the
    nursing component rate per patient day for the facility
    shall be adjusted subject to appropriations provided by the
    General Assembly.
    For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on March 1, 2001
shall include a statewide increase of 7.85%, as defined by the
Department.
    Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, except facilities participating
in the Department's demonstration program pursuant to the
provisions of Title 77, Part 300, Subpart T of the Illinois
Administrative Code, the numerator of the ratio used by the
Department of Healthcare and Family Services to compute the
rate payable under this Section using the Minimum Data Set
(MDS) methodology shall incorporate the following annual
amounts as the additional funds appropriated to the Department
specifically to pay for rates based on the MDS nursing
component methodology in excess of the funding in effect on
December 31, 2006:
        (i) For rates taking effect January 1, 2007,
    $60,000,000.
        (ii) For rates taking effect January 1, 2008,
    $110,000,000.
        (iii) For rates taking effect January 1, 2009,
    $194,000,000.
        (iv) For rates taking effect April 1, 2011, or the
    first day of the month that begins at least 45 days after
    the effective date of this amendatory Act of the 96th
    General Assembly, $416,500,000 or an amount as may be
    necessary to complete the transition to the MDS methodology
    for the nursing component of the rate. Increased payments
    under this item (iv) are not due and payable, however,
    until (i) the methodologies described in this paragraph are
    approved by the federal government in an appropriate State
    Plan amendment and (ii) the assessment imposed by Section
    5B-2 of this Code is determined to be a permissible tax
    under Title XIX of the Social Security Act.
    Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the support component of the
rates taking effect on January 1, 2008 shall be computed using
the most recent cost reports on file with the Department of
Healthcare and Family Services no later than April 1, 2005,
updated for inflation to January 1, 2006.
    For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on April 1, 2002
shall include a statewide increase of 2.0%, as defined by the
Department. This increase terminates on July 1, 2002; beginning
July 1, 2002 these rates are reduced to the level of the rates
in effect on March 31, 2002, as defined by the Department.
    For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as skilled nursing facilities
or intermediate care facilities, the rates taking effect on
July 1, 2001 shall be computed using the most recent cost
reports on file with the Department of Public Aid no later than
April 1, 2000, updated for inflation to January 1, 2001. For
rates effective July 1, 2001 only, rates shall be the greater
of the rate computed for July 1, 2001 or the rate effective on
June 30, 2001.
    Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the Illinois Department shall
determine by rule the rates taking effect on July 1, 2002,
which shall be 5.9% less than the rates in effect on June 30,
2002.
    Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, if the payment methodologies
required under Section 5A-12 and the waiver granted under 42
CFR 433.68 are approved by the United States Centers for
Medicare and Medicaid Services, the rates taking effect on July
1, 2004 shall be 3.0% greater than the rates in effect on June
30, 2004. These rates shall take effect only upon approval and
implementation of the payment methodologies required under
Section 5A-12.
    Notwithstanding any other provisions of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, the rates taking effect on
January 1, 2005 shall be 3% more than the rates in effect on
December 31, 2004.
    Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, effective January 1, 2009, the
per diem support component of the rates effective on January 1,
2008, computed using the most recent cost reports on file with
the Department of Healthcare and Family Services no later than
April 1, 2005, updated for inflation to January 1, 2006, shall
be increased to the amount that would have been derived using
standard Department of Healthcare and Family Services methods,
procedures, and inflators.
    Notwithstanding any other provisions of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as intermediate care facilities that
are federally defined as Institutions for Mental Disease, or
facilities licensed by the Department of Public Health under
the Specialized Mental Health Rehabilitation Act of 2013, a
socio-development component rate equal to 6.6% of the
facility's nursing component rate as of January 1, 2006 shall
be established and paid effective July 1, 2006. The
socio-development component of the rate shall be increased by a
factor of 2.53 on the first day of the month that begins at
least 45 days after January 11, 2008 (the effective date of
Public Act 95-707). As of August 1, 2008, the socio-development
component rate shall be equal to 6.6% of the facility's nursing
component rate as of January 1, 2006, multiplied by a factor of
3.53. For services provided on or after April 1, 2011, or the
first day of the month that begins at least 45 days after the
effective date of this amendatory Act of the 96th General
Assembly, whichever is later, the Illinois Department may by
rule adjust these socio-development component rates, and may
use different adjustment methodologies for those facilities
participating, and those not participating, in the Illinois
Department's demonstration program pursuant to the provisions
of Title 77, Part 300, Subpart T of the Illinois Administrative
Code, but in no case may such rates be diminished below those
in effect on August 1, 2008.
    For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or as long-term care
facilities for residents under 22 years of age, the rates
taking effect on July 1, 2003 shall include a statewide
increase of 4%, as defined by the Department.
    For facilities licensed by the Department of Public Health
under the Nursing Home Care Act as Intermediate Care for the
Developmentally Disabled facilities or Long Term Care for Under
Age 22 facilities, the rates taking effect on the first day of
the month that begins at least 45 days after the effective date
of this amendatory Act of the 95th General Assembly shall
include a statewide increase of 2.5%, as defined by the
Department.
    Notwithstanding any other provision of this Section, for
facilities licensed by the Department of Public Health under
the Nursing Home Care Act as skilled nursing facilities or
intermediate care facilities, effective January 1, 2005,
facility rates shall be increased by the difference between (i)
a facility's per diem property, liability, and malpractice
insurance costs as reported in the cost report filed with the
Department of Public Aid and used to establish rates effective
July 1, 2001 and (ii) those same costs as reported in the
facility's 2002 cost report. These costs shall be passed
through to the facility without caps or limitations, except for
adjustments required under normal auditing procedures.
    Rates established effective each July 1 shall govern
payment for services rendered throughout that fiscal year,
except that rates established on July 1, 1996 shall be
increased by 6.8% for services provided on or after January 1,
1997. Such rates will be based upon the rates calculated for
the year beginning July 1, 1990, and for subsequent years
thereafter until June 30, 2001 shall be based on the facility
cost reports for the facility fiscal year ending at any point
in time during the previous calendar year, updated to the
midpoint of the rate year. The cost report shall be on file
with the Department no later than April 1 of the current rate
year. Should the cost report not be on file by April 1, the
Department shall base the rate on the latest cost report filed
by each skilled care facility and intermediate care facility,
updated to the midpoint of the current rate year. In
determining rates for services rendered on and after July 1,
1985, fixed time shall not be computed at less than zero. The
Department shall not make any alterations of regulations which
would reduce any component of the Medicaid rate to a level
below what that component would have been utilizing in the rate
effective on July 1, 1984.
    (2) Shall take into account the actual costs incurred by
facilities in providing services for recipients of skilled
nursing and intermediate care services under the medical
assistance program.
    (3) Shall take into account the medical and psycho-social
characteristics and needs of the patients.
    (4) Shall take into account the actual costs incurred by
facilities in meeting licensing and certification standards
imposed and prescribed by the State of Illinois, any of its
political subdivisions or municipalities and by the U.S.
Department of Health and Human Services pursuant to Title XIX
of the Social Security Act.
    The Department of Healthcare and Family Services shall
develop precise standards for payments to reimburse nursing
facilities for any utilization of appropriate rehabilitative
personnel for the provision of rehabilitative services which is
authorized by federal regulations, including reimbursement for
services provided by qualified therapists or qualified
assistants, and which is in accordance with accepted
professional practices. Reimbursement also may be made for
utilization of other supportive personnel under appropriate
supervision.
    The Department shall develop enhanced payments to offset
the additional costs incurred by a facility serving exceptional
need residents and shall allocate at least $4,000,000
$8,000,000 of the funds collected from the assessment
established by Section 5B-2 of this Code for such payments. For
the purpose of this Section, "exceptional needs" means, but
need not be limited to, ventilator care, tracheotomy care,
bariatric care, complex wound care, and traumatic brain injury
care. The enhanced payments for exceptional need residents
under this paragraph are not due and payable, however, until
(i) the methodologies described in this paragraph are approved
by the federal government in an appropriate State Plan
amendment and (ii) the assessment imposed by Section 5B-2 of
this Code is determined to be a permissible tax under Title XIX
of the Social Security Act.
    Beginning January 1, 2014 the methodologies for
reimbursement of nursing facility services as provided under
this Section 5-5.4 shall no longer be applicable for services
provided on or after January 1, 2014.
    No payment increase under this Section for the MDS
methodology, exceptional care residents, or the
socio-development component rate established by Public Act
96-1530 of the 96th General Assembly and funded by the
assessment imposed under Section 5B-2 of this Code shall be due
and payable until after the Department notifies the long-term
care providers, in writing, that the payment methodologies to
long-term care providers required under this Section have been
approved by the Centers for Medicare and Medicaid Services of
the U.S. Department of Health and Human Services and the
waivers under 42 CFR 433.68 for the assessment imposed by this
Section, if necessary, have been granted by the Centers for
Medicare and Medicaid Services of the U.S. Department of Health
and Human Services. Upon notification to the Department of
approval of the payment methodologies required under this
Section and the waivers granted under 42 CFR 433.68, all
increased payments otherwise due under this Section prior to
the date of notification shall be due and payable within 90
days of the date federal approval is received.
    On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate of
reimbursement for services or other payments in accordance with
Section 5-5e.
(Source: P.A. 96-45, eff. 7-15-09; 96-339, eff. 7-1-10; 96-959,
eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1530, eff. 2-16-11;
97-10, eff. 6-14-11; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
97-584, eff. 8-26-11; 97-689, eff. 6-14-12; 97-813, eff.
7-13-12.)
 
    (305 ILCS 5/5-5.7)  (from Ch. 23, par. 5-5.7)
    Sec. 5-5.7. Cost Reports - Audits. The Department of
Healthcare and Family Services shall work with the Department
of Public Health to use cost report information currently being
collected under provisions of the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, and the
ID/DD Community Care Act. The Department of Healthcare and
Family Services may, in conjunction with the Department of
Public Health, develop in accordance with generally accepted
accounting principles a uniform chart of accounts which each
facility providing services under the medical assistance
program shall adopt, after a reasonable period.
    Facilities licensed under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
ID/DD Community Care Act and providers of adult developmental
training services certified by the Department of Human Services
pursuant to Section 15.2 of the Mental Health and Developmental
Disabilities Administrative Act which provide services to
clients eligible for medical assistance under this Article are
responsible for submitting the required annual cost report to
the Department of Healthcare and Family Services.
    The Department of Healthcare and Family Services shall
audit the financial and statistical records of each provider
participating in the medical assistance program as a nursing
facility, a specialized mental health rehabilitation facility,
or an ICF/DD over a 3 year period, beginning with the close of
the first cost reporting year. Following the end of this 3-year
term, audits of the financial and statistical records will be
performed each year in at least 20% of the facilities
participating in the medical assistance program with at least
10% being selected on a random sample basis, and the remainder
selected on the basis of exceptional profiles. All audits shall
be conducted in accordance with generally accepted auditing
standards.
    The Department of Healthcare and Family Services shall
establish prospective payment rates for categories or levels of
services within each licensure class, in order to more
appropriately recognize the individual needs of patients in
nursing facilities.
    The Department of Healthcare and Family Services shall
provide, during the process of establishing the payment rate
for nursing facility, specialized mental health rehabilitation
facility, or ICF/DD services, or when a substantial change in
rates is proposed, an opportunity for public review and comment
on the proposed rates prior to their becoming effective.
(Source: P.A. 96-339, eff. 7-1-10; 96-1530, eff. 2-16-11;
97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff.
7-13-12.)
 
    (305 ILCS 5/5-5f)
    Sec. 5-5f. Elimination and limitations of medical
assistance services. Notwithstanding any other provision of
this Code to the contrary, on and after July 1, 2012:
    (a) The following services shall no longer be a covered
service available under this Code: group psychotherapy for
residents of any facility licensed under the Nursing Home Care
Act or the Specialized Mental Health Rehabilitation Act of
2013; and adult chiropractic services.
    (b) The Department shall place the following limitations on
services: (i) the Department shall limit adult eyeglasses to
one pair every 2 years; (ii) the Department shall set an annual
limit of a maximum of 20 visits for each of the following
services: adult speech, hearing, and language therapy
services, adult occupational therapy services, and physical
therapy services; (iii) the Department shall limit podiatry
services to individuals with diabetes; (iv) the Department
shall pay for caesarean sections at the normal vaginal delivery
rate unless a caesarean section was medically necessary; (v)
the Department shall limit adult dental services to
emergencies; and (vi) effective July 1, 2012, the Department
shall place limitations and require concurrent review on every
inpatient detoxification stay to prevent repeat admissions to
any hospital for detoxification within 60 days of a previous
inpatient detoxification stay. The Department shall convene a
workgroup of hospitals, substance abuse providers, care
coordination entities, managed care plans, and other
stakeholders to develop recommendations for quality standards,
diversion to other settings, and admission criteria for
patients who need inpatient detoxification.
    (c) The Department shall require prior approval of the
following services: wheelchair repairs, regardless of the cost
of the repairs, coronary artery bypass graft, and bariatric
surgery consistent with Medicare standards concerning patient
responsibility. The wholesale cost of power wheelchairs shall
be actual acquisition cost including all discounts.
    (d) The Department shall establish benchmarks for
hospitals to measure and align payments to reduce potentially
preventable hospital readmissions, inpatient complications,
and unnecessary emergency room visits. In doing so, the
Department shall consider items, including, but not limited to,
historic and current acuity of care and historic and current
trends in readmission. The Department shall publish
provider-specific historical readmission data and anticipated
potentially preventable targets 60 days prior to the start of
the program. In the instance of readmissions, the Department
shall adopt policies and rates of reimbursement for services
and other payments provided under this Code to ensure that, by
June 30, 2013, expenditures to hospitals are reduced by, at a
minimum, $40,000,000.
    (e) The Department shall establish utilization controls
for the hospice program such that it shall not pay for other
care services when an individual is in hospice.
    (f) For home health services, the Department shall require
Medicare certification of providers participating in the
program, implement the Medicare face-to-face encounter rule,
and limit services to post-hospitalization. The Department
shall require providers to implement auditable electronic
service verification based on global positioning systems or
other cost-effective technology.
    (g) For the Home Services Program operated by the
Department of Human Services and the Community Care Program
operated by the Department on Aging, the Department of Human
Services, in cooperation with the Department on Aging, shall
implement an electronic service verification based on global
positioning systems or other cost-effective technology.
    (h) The Department shall not pay for hospital admissions
when the claim indicates a hospital acquired condition that
would cause Medicare to reduce its payment on the claim had the
claim been submitted to Medicare, nor shall the Department pay
for hospital admissions where a Medicare identified "never
event" occurred.
    (i) The Department shall implement cost savings
initiatives for advanced imaging services, cardiac imaging
services, pain management services, and back surgery. Such
initiatives shall be designed to achieve annual costs savings.
(Source: P.A. 97-689, eff. 6-14-12.)
 
    (305 ILCS 5/5-6)  (from Ch. 23, par. 5-6)
    Sec. 5-6. Obligations incurred prior to death of a
recipient. Obligations incurred but not paid for at the time of
a recipient's death for services authorized under Section 5-5,
including medical and other care in facilities as defined in
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act, or
in like facilities not required to be licensed under that Act,
may be paid, subject to the rules and regulations of the
Illinois Department, after the death of the recipient.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (305 ILCS 5/8A-11)  (from Ch. 23, par. 8A-11)
    Sec. 8A-11. (a) No person shall:
        (1) Knowingly charge a resident of a nursing home for
    any services provided pursuant to Article V of the Illinois
    Public Aid Code, money or other consideration at a rate in
    excess of the rates established for covered services by the
    Illinois Department pursuant to Article V of The Illinois
    Public Aid Code; or
        (2) Knowingly charge, solicit, accept or receive, in
    addition to any amount otherwise authorized or required to
    be paid pursuant to Article V of The Illinois Public Aid
    Code, any gift, money, donation or other consideration:
            (i) As a precondition to admitting or expediting
        the admission of a recipient or applicant, pursuant to
        Article V of The Illinois Public Aid Code, to a
        long-term care facility as defined in Section 1-113 of
        the Nursing Home Care Act or a facility as defined in
        Section 1-113 of the ID/DD Community Care Act or
        Section 1-102 1-113 of the Specialized Mental Health
        Rehabilitation Act of 2013; and
            (ii) As a requirement for the recipient's or
        applicant's continued stay in such facility when the
        cost of the services provided therein to the recipient
        is paid for, in whole or in part, pursuant to Article V
        of The Illinois Public Aid Code.
    (b) Nothing herein shall prohibit a person from making a
voluntary contribution, gift or donation to a long-term care
facility.
    (c) This paragraph shall not apply to agreements to provide
continuing care or life care between a life care facility as
defined by the Life Care Facilities Act, and a person
financially eligible for benefits pursuant to Article V of The
Illinois Public Aid Code.
    (d) Any person who violates this Section shall be guilty of
a business offense and fined not less than $5,000 nor more than
$25,000.
    (e) "Person", as used in this Section, means an individual,
corporation, partnership, or unincorporated association.
    (f) The State's Attorney of the county in which the
facility is located and the Attorney General shall be notified
by the Illinois Department of any alleged violations of this
Section known to the Department.
    (g) The Illinois Department shall adopt rules and
regulations to carry out the provisions of this Section.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 6-245. The Elder Abuse and Neglect Act is amended
by changing Section 2 as follows:
 
    (320 ILCS 20/2)  (from Ch. 23, par. 6602)
    Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
    (a) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources.
    Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, neglect, or self-neglect
for the sole reason that he or she is being furnished with or
relies upon treatment by spiritual means through prayer alone,
in accordance with the tenets and practices of a recognized
church or religious denomination.
    Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
    (a-5) "Abuser" means a person who abuses, neglects, or
financially exploits an eligible adult.
    (a-7) "Caregiver" means a person who either as a result of
a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion of
the care of an eligible adult who needs assistance with
activities of daily living.
    (b) "Department" means the Department on Aging of the State
of Illinois.
    (c) "Director" means the Director of the Department.
    (d) "Domestic living situation" means a residence where the
eligible adult at the time of the report lives alone or with
his or her family or a caregiver, or others, or a board and
care home or other community-based unlicensed facility, but is
not:
        (1) A licensed facility as defined in Section 1-113 of
    the Nursing Home Care Act;
        (1.5) A facility licensed under the ID/DD Community
    Care Act;
        (1.7) A facility licensed under the Specialized Mental
    Health Rehabilitation Act of 2013;
        (2) A "life care facility" as defined in the Life Care
    Facilities Act;
        (3) A home, institution, or other place operated by the
    federal government or agency thereof or by the State of
    Illinois;
        (4) A hospital, sanitarium, or other institution, the
    principal activity or business of which is the diagnosis,
    care, and treatment of human illness through the
    maintenance and operation of organized facilities
    therefor, which is required to be licensed under the
    Hospital Licensing Act;
        (5) A "community living facility" as defined in the
    Community Living Facilities Licensing Act;
        (6) (Blank);
        (7) A "community-integrated living arrangement" as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act;
        (8) An assisted living or shared housing establishment
    as defined in the Assisted Living and Shared Housing Act;
    or
        (9) A supportive living facility as described in
    Section 5-5.01a of the Illinois Public Aid Code.
    (e) "Eligible adult" means a person 60 years of age or
older who resides in a domestic living situation and is, or is
alleged to be, abused, neglected, or financially exploited by
another individual or who neglects himself or herself.
    (f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
    (f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
        (1) a professional or professional's delegate while
    engaged in: (i) social services, (ii) law enforcement,
    (iii) education, (iv) the care of an eligible adult or
    eligible adults, or (v) any of the occupations required to
    be licensed under the Clinical Psychologist Licensing Act,
    the Clinical Social Work and Social Work Practice Act, the
    Illinois Dental Practice Act, the Dietitian Nutritionist
    Practice Act, the Marriage and Family Therapy Licensing
    Act, the Medical Practice Act of 1987, the Naprapathic
    Practice Act, the Nurse Practice Act, the Nursing Home
    Administrators Licensing and Disciplinary Act, the
    Illinois Occupational Therapy Practice Act, the Illinois
    Optometric Practice Act of 1987, the Pharmacy Practice Act,
    the Illinois Physical Therapy Act, the Physician Assistant
    Practice Act of 1987, the Podiatric Medical Practice Act of
    1987, the Respiratory Care Practice Act, the Professional
    Counselor and Clinical Professional Counselor Licensing
    and Practice Act, the Illinois Speech-Language Pathology
    and Audiology Practice Act, the Veterinary Medicine and
    Surgery Practice Act of 2004, and the Illinois Public
    Accounting Act;
        (2) an employee of a vocational rehabilitation
    facility prescribed or supervised by the Department of
    Human Services;
        (3) an administrator, employee, or person providing
    services in or through an unlicensed community based
    facility;
        (4) any religious practitioner who provides treatment
    by prayer or spiritual means alone in accordance with the
    tenets and practices of a recognized church or religious
    denomination, except as to information received in any
    confession or sacred communication enjoined by the
    discipline of the religious denomination to be held
    confidential;
        (5) field personnel of the Department of Healthcare and
    Family Services, Department of Public Health, and
    Department of Human Services, and any county or municipal
    health department;
        (6) personnel of the Department of Human Services, the
    Guardianship and Advocacy Commission, the State Fire
    Marshal, local fire departments, the Department on Aging
    and its subsidiary Area Agencies on Aging and provider
    agencies, and the Office of State Long Term Care Ombudsman;
        (7) any employee of the State of Illinois not otherwise
    specified herein who is involved in providing services to
    eligible adults, including professionals providing medical
    or rehabilitation services and all other persons having
    direct contact with eligible adults;
        (8) a person who performs the duties of a coroner or
    medical examiner; or
        (9) a person who performs the duties of a paramedic or
    an emergency medical technician.
    (g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.
    (h) "Provider agency" means any public or nonprofit agency
in a planning and service area appointed by the regional
administrative agency with prior approval by the Department on
Aging to receive and assess reports of alleged or suspected
abuse, neglect, or financial exploitation.
    (i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area so designated
by the Department, provided that the designated Area Agency on
Aging shall be designated the regional administrative agency if
it so requests. The Department shall assume the functions of
the regional administrative agency for any planning and service
area where another agency is not so designated.
    (i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.
    (j) "Substantiated case" means a reported case of alleged
or suspected abuse, neglect, financial exploitation, or
self-neglect in which a provider agency, after assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
(Source: P.A. 96-339, eff. 7-1-10; 96-526, eff. 1-1-10; 96-572,
eff. 1-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-300, eff. 8-11-11; 97-706, eff. 6-25-12;
97-813, eff. 7-13-12; 97-1141, eff. 12-28-12.)
 
    Section 6-250. The Mental Health and Developmental
Disabilities Code is amended by changing Section 2-107 as
follows:
 
    (405 ILCS 5/2-107)  (from Ch. 91 1/2, par. 2-107)
    Sec. 2-107. Refusal of services; informing of risks.
    (a) An adult recipient of services or the recipient's
guardian, if the recipient is under guardianship, and the
recipient's substitute decision maker, if any, must be informed
of the recipient's right to refuse medication or
electroconvulsive therapy. The recipient and the recipient's
guardian or substitute decision maker shall be given the
opportunity to refuse generally accepted mental health or
developmental disability services, including but not limited
to medication or electroconvulsive therapy. If such services
are refused, they shall not be given unless such services are
necessary to prevent the recipient from causing serious and
imminent physical harm to the recipient or others and no less
restrictive alternative is available. The facility director
shall inform a recipient, guardian, or substitute decision
maker, if any, who refuses such services of alternate services
available and the risks of such alternate services, as well as
the possible consequences to the recipient of refusal of such
services.
    (b) Psychotropic medication or electroconvulsive therapy
may be administered under this Section for up to 24 hours only
if the circumstances leading up to the need for emergency
treatment are set forth in writing in the recipient's record.
    (c) Administration of medication or electroconvulsive
therapy may not be continued unless the need for such treatment
is redetermined at least every 24 hours based upon a personal
examination of the recipient by a physician or a nurse under
the supervision of a physician and the circumstances
demonstrating that need are set forth in writing in the
recipient's record.
    (d) Neither psychotropic medication nor electroconvulsive
therapy may be administered under this Section for a period in
excess of 72 hours, excluding Saturdays, Sundays, and holidays,
unless a petition is filed under Section 2-107.1 and the
treatment continues to be necessary under subsection (a) of
this Section. Once the petition has been filed, treatment may
continue in compliance with subsections (a), (b), and (c) of
this Section until the final outcome of the hearing on the
petition.
    (e) The Department shall issue rules designed to insure
that in State-operated mental health facilities psychotropic
medication and electroconvulsive therapy are administered in
accordance with this Section and only when appropriately
authorized and monitored by a physician or a nurse under the
supervision of a physician in accordance with accepted medical
practice. The facility director of each mental health facility
not operated by the State shall issue rules designed to insure
that in that facility psychotropic medication and
electroconvulsive therapy are administered in accordance with
this Section and only when appropriately authorized and
monitored by a physician or a nurse under the supervision of a
physician in accordance with accepted medical practice. Such
rules shall be available for public inspection and copying
during normal business hours.
    (f) The provisions of this Section with respect to the
emergency administration of psychotropic medication and
electroconvulsive therapy do not apply to facilities licensed
under the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act.
    (g) Under no circumstances may long-acting psychotropic
medications be administered under this Section.
    (h) Whenever psychotropic medication or electroconvulsive
therapy is refused pursuant to subsection (a) of this Section
at least once that day, the physician shall determine and state
in writing the reasons why the recipient did not meet the
criteria for administration of medication or electroconvulsive
therapy under subsection (a) and whether the recipient meets
the standard for administration of psychotropic medication or
electroconvulsive therapy under Section 2-107.1 of this Code.
If the physician determines that the recipient meets the
standard for administration of psychotropic medication or
electroconvulsive therapy under Section 2-107.1, the facility
director or his or her designee shall petition the court for
administration of psychotropic medication or electroconvulsive
therapy pursuant to that Section unless the facility director
or his or her designee states in writing in the recipient's
record why the filing of such a petition is not warranted. This
subsection (h) applies only to State-operated mental health
facilities.
    (i) The Department shall conduct annual trainings for all
physicians and registered nurses working in State-operated
mental health facilities on the appropriate use of emergency
administration of psychotropic medication and
electroconvulsive therapy, standards for their use, and the
methods of authorization under this Section.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    Section 6-255. The Protection and Advocacy for Mentally Ill
Persons Act is amended by changing Section 3 as follows:
 
    (405 ILCS 45/3)  (from Ch. 91 1/2, par. 1353)
    Sec. 3. Powers and Duties.
    (A) In order to properly exercise its powers and duties,
the agency shall have the authority to:
        (1) Investigate incidents of abuse and neglect of
    mentally ill persons if the incidents are reported to the
    agency or if there is probable cause to believe that the
    incidents occurred. In case of conflict with provisions of
    the Abused and Neglected Child Reporting Act or the Nursing
    Home Care Act, the provisions of those Acts shall apply.
        (2) Pursue administrative, legal and other appropriate
    remedies to ensure the protection of the rights of mentally
    ill persons who are receiving care and treatment in this
    State.
        (3) Pursue administrative, legal and other remedies on
    behalf of an individual who:
            (a) was a mentally ill individual; and
            (b) is a resident of this State, but only with