Public Act 095-0216
 
HB1646 Enrolled LRB095 09425 DRJ 29622 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Assisted Living and Shared Housing Act is
amended by changing Sections 10 and 75 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.
    "Advisory Board" means the Assisted Living and Shared
Housing Standards and Quality of Life Advisory Board.
    "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 in conjunction with the
    Assisted Living and Shared Housing Standards and Quality of
    Life Advisory Board: 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. However, a long term care facility
    may convert distinct parts of the facility to assisted
    living. If the long term care 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 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 long term care facility may,
    however, convert sections of the facility to assisted
    living. If the long term care 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. 93-1003, eff. 8-23-04.)
 
    (210 ILCS 9/75)
    Sec. 75. Residency Requirements.
    (a) No individual shall be accepted for residency or remain
in residence if the establishment cannot provide or secure
appropriate services, if the individual requires a level of
service or type of service for which the establishment is not
licensed or which the establishment does not provide, or if the
establishment does not have the staff appropriate in numbers
and with appropriate skill to provide such services.
    (b) Only adults may be accepted for residency.
    (c) A person shall not be accepted for residency if:
        (1) the person poses a serious threat to himself or
    herself or to others;
        (2) the person is not able to communicate his or her
    needs and no resident representative residing in the
    establishment, and with a prior relationship to the person,
    has been appointed to direct the provision of services;
        (3) the person requires total assistance with 2 or more
    activities of daily living;
        (4) the person requires the assistance of more than one
    paid caregiver at any given time with an activity of daily
    living;
        (5) the person requires more than minimal assistance in
    moving to a safe area in an emergency;
        (6) the person has a severe mental illness, which for
    the purposes of this Section means a condition that is
    characterized by the presence of a major mental disorder as
    classified in the Diagnostic and Statistical Manual of
    Mental Disorders, Fourth Edition (DSM-IV) (American
    Psychiatric Association, 1994), where the individual is
    substantially disabled due to mental illness in the areas
    of self-maintenance, social functioning, activities of
    community living and work skills, and the disability
    specified is expected to be present for a period of not
    less than one year, but does not mean Alzheimer's disease
    and other forms of dementia based on organic or physical
    disorders;
        (7) the person requires intravenous therapy or
    intravenous feedings unless self-administered or
    administered by a qualified, licensed health care
    professional;
        (8) the person requires gastrostomy feedings unless
    self-administered or administered by a licensed health
    care professional;
        (9) the person requires insertion, sterile irrigation,
    and replacement of catheter, except for routine
    maintenance of urinary catheters, unless the catheter care
    is self-administered or administered by a licensed health
    care professional;
        (10) the person requires sterile wound care unless care
    is self-administered or administered by a licensed health
    care professional;
        (11) the person requires sliding scale insulin
    administration unless self-performed or administered by a
    licensed health care professional;
        (12) the person is a diabetic requiring routine insulin
    injections unless the injections are self-administered or
    administered by a licensed health care professional;
        (13) the person requires treatment of stage 3 or stage
    4 decubitus ulcers or exfoliative dermatitis;
        (14) the person requires 5 or more skilled nursing
    visits per week for conditions other than those listed in
    items (13) and (15) of this subsection for a period of 3
    consecutive weeks or more except when the course of
    treatment is expected to extend beyond a 3 week period for
    rehabilitative purposes and is certified as temporary by a
    physician; or
        (15) other reasons prescribed by the Department by
    rule.
    (d) A resident with a condition listed in items (1) through
(15) of subsection (c) shall have his or her residency
terminated.
    (e) Residency shall be terminated when services available
to the resident in the establishment are no longer adequate to
meet the needs of the resident. This provision shall not be
interpreted as limiting the authority of the Department to
require the residency termination of individuals.
    (f) Subsection (d) of this Section shall not apply to
terminally ill residents who receive or would qualify for
hospice care and such care is coordinated by a hospice program
licensed under the Hospice Program Licensing Act or other
licensed health care professional employed by a licensed home
health agency and the establishment and all parties agree to
the continued residency.
    (g) Items (3), (4), (5), and (9) of subsection (c) shall
not apply to a quadriplegic, paraplegic, or individual with
neuro-muscular diseases, such as muscular dystrophy and
multiple sclerosis, or other chronic diseases and conditions as
defined by rule if the individual is able to communicate his or
her needs and does not require assistance with complex medical
problems, and the establishment is able to accommodate the
individual's needs. The Department shall prescribe rules
pursuant to this Section that address special safety and
service needs of these individuals.
    (h) For the purposes of items (7) through (10) of
subsection (c), a licensed health care professional may not be
employed by the owner or operator of the establishment, its
parent entity, or any other entity with ownership common to
either the owner or operator of the establishment or parent
entity, including but not limited to an affiliate of the owner
or operator of the establishment. Nothing in this Section is
meant to limit a resident's right to choose his or her health
care provider.
    (i) Subsection (h) is not applicable to residents admitted
to an assisted living establishment under a life care contract
as defined in the Life Care Facilities Act if the life care
facility has both an assisted living establishment and a
skilled nursing facility. A licensed health care professional
providing health-related or supportive services at a life care
assisted living or shared housing establishment must be
employed by an entity licensed by the Department under the
Nursing Home Care Act or the Home Health, Home Services, and
Home Nursing Agency Licensing Act.
(Source: P.A. 93-141, eff. 7-10-03; 94-256, eff. 7-19-05;
94-570, eff. 8-12-05; revised 8-19-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/16/2007