(210 ILCS 9/10) (Text of Section before amendment by P.A. 104-191) 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;
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|
(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;
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|
(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
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|
(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, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the MC/DD Act. However, a facility licensed under any 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.
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|
(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.
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|
(4) A facility for child care as defined in the Child
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|
(5) A community living facility as defined in the
|
| Community Living Facilities Licensing Act.
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|
(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.
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|
(8) A supportive residence licensed under the
|
| Supportive Residences Licensing Act.
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|
(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.
|
|
"Certified medication aide" means a person who has met the qualifications for certification under Section 79 and assists with medication administration while under the supervision of a registered professional nurse as authorized by Section 50-75 of the Nurse Practice Act in an assisted living establishment.
"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.
"Infection control committee" means persons, including an infection preventionist, who develop and implement policies governing control of infections and communicable diseases and are qualified through education, training, experience, or certification or a combination of such qualifications.
"Infection preventionist" means a registered nurse who develops and implements policies governing control of infections and communicable diseases and is qualified through education, training, experience, or certification or a combination of such qualifications.
"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.
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|
(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.
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|
"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 registered 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;
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|
(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;
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|
(4) security provided 24 hours each day including,
|
| but not limited to, locked entrances or building or contract security personnel;
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|
(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
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|
(6) assistance with activities of daily living as
|
| required by each resident.
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|
"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.
"Program" means the Certified Medication Aide Program.
"Qualified establishment" means an assisted living and shared housing establishment licensed by the Department of Public Health.
"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, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the MC/DD Act. A facility licensed under any 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
|
|
(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. 103-844, eff. 7-1-25; 103-886, eff. 8-9-24; 104-417, eff. 8-15-25.)
(Text of Section after amendment by P.A. 104-191)
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, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the MC/DD Act. However, a facility licensed under any 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
|
|
(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.
|
|
"Certified medication aide" means a person who has met the qualifications for certification under Section 79 and assists with medication administration while under the supervision of a registered professional nurse as authorized by Section 50-75 of the Nurse Practice Act in an assisted living establishment.
"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.
"Infection control committee" means persons, including an infection preventionist, who develop and implement policies governing control of infections and communicable diseases and are qualified through education, training, experience, or certification or a combination of such qualifications.
"Infection preventionist" means a registered nurse who develops and implements policies governing control of infections and communicable diseases and is qualified through education, training, experience, or certification or a combination of such qualifications.
"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 registered 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.
"Program" means the Certified Medication Aide Program.
"Qualified establishment" means an assisted living and shared housing establishment licensed by the Department of Public Health.
"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 or a court 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, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the MC/DD Act. A facility licensed under any 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
|
|
(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. 103-844, eff. 7-1-25; 103-886, eff. 8-9-24; 104-191, eff. 1-1-26; 104-417, eff. 8-15-25.)
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(210 ILCS 9/75) (Text of Section before amendment by P.A. 104-191) 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 |
|
(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 a person with a substantial disability 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 or a nurse in compliance with education, certification, and training in catheter care or infection control by the Centers for Disease Control and Prevention with oversight from an infection preventionist or infection control committee;
|
|
(10) the person requires sterile wound care unless
|
| care is self-administered or administered by a licensed health care professional;
|
|
(11) (blank);
(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
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|
(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. 103-444, eff. 1-1-24; 103-844, eff. 7-1-25.)
(Text of Section after amendment by P.A. 104-191)
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
|
|
(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 a person with a substantial disability 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 or a nurse in compliance with education, certification, and training in catheter care or infection control by the Centers for Disease Control and Prevention with oversight from an infection preventionist or infection control committee;
|
|
(10) the person requires sterile wound care unless
|
| care is self-administered or administered by a licensed health care professional;
|
|
(11) (blank);
(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
|
|
(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. The establishment shall notify the resident and the resident's representative, if any, when there is a significant change in the resident's condition that affects the establishment's ability to meet the resident's needs. The requirements of subsection (c) of Section 80 shall then apply. 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. 103-444, eff. 1-1-24; 103-844, eff. 7-1-25; 104-191, eff. 1-1-26.)
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(210 ILCS 9/79) Sec. 79. Certified Medication Aide Program. (a) The Department shall administer and enforce a Certified Medication Aide Program and regulate certified medication aides. To be approved as an establishment qualified to participate in the program, an establishment must satisfy all of the following requirements: (1) Be licensed and in good standing as an assisted |
| living or shared housing establishment by the Department.
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(2) Certify that the employment of a certified
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| medication aide will not replace or diminish the employment of registered nurses or licensed practical nurses at the establishment.
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(3) Certify that a registered nurse will be on duty
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| and present in the establishment to delegate and supervise the administration of medication by a certified medication aide at all times.
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(4) Certify that, with the exception of licensed
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| health care professionals, only certified medication aides will be employed in the capacity of administering medication.
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(5) Provide information regarding patient safety,
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| efficiency, and errors as determined by the Department.
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Failure to submit any required report may be grounds for discipline or sanctions as prescribed by the Department. The Department shall submit a report regarding patient safety, efficiency, and errors, as determined by rule, to the General Assembly no later than 2 years after the effective date of this amendatory Act of the 103rd General Assembly.
(b) No person shall practice as a medication aide or hold himself or herself out as a certified medication aide in this State unless he or she is certified in accordance with this Section. Nothing in this Section shall be construed as preventing or restricting the practice, services, or activities of:
(1) any person licensed in this State by any other
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| law from engaging in the profession or occupation for which he or she is licensed;
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(2) any person employed as a medication aide by the
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| government of the United States, if such person practices as a medication aide solely under the direction or control of the organization by which he or she is employed; or
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(3) any person pursuing a course of study leading to
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| a certificate in medication aide at an accredited or approved educational program if such activities and services constitute a part of a supervised course of study and if such person is designated by a title which clearly indicates his or her status as a student or trainee.
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Nothing in this Section shall be construed to limit the delegation of tasks or duties by a physician, dentist, advanced practice registered nurse, or podiatric physician as authorized by law.
(c) A certified medication aide may only practice in a qualified establishment. Certified medication aides must be supervised by and receive delegation by a registered nurse, as authorized by Section 50-75 of the Nurse Practice Act, that is on duty and present in the establishment at all times. Certified medication aides shall not have a direct-care assignment when scheduled to work as a certified medication aide, but may assist residents as needed. Certified medication aides shall not administer any medication until a physician has conducted an initial assessment of the resident.
Certified medication aides shall not administer any Schedule II controlled substances as set forth in the Illinois Controlled Substances Act and may not administer any subcutaneous, intramuscular, intradermal, or intravenous medication.
(d) In addition to any other penalty provided by law, any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a medication aide without being certified in accordance with this Section shall pay a civil penalty to the Department as determined by the Department. The Department has the authority and power to investigate any and all uncertified activity. The civil penalty shall be paid within 60 days after the date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(e) Applications for original certification shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be refundable. The application shall require such information that, in the judgment of the Department, enables the Department to pass on the qualifications of the applicant for certification.
(f) The Department shall authorize examinations of applicants for a certificate under this Section at the times and places as it may designate. The examination shall be of a character to give a fair test of the qualifications of the applicant to practice as a medication aide.
Applicants for examination as a medication aide shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
If an applicant fails to pass an examination for certification in accordance with this Section within 3 years after filing his or her application, then the application shall be denied. The applicant may thereafter make a new application accompanied by the required fee; however, the applicant shall meet all requirements in effect at the time of subsequent application before obtaining certification. The Department may employ consultants for the purposes of preparing and conducting examinations.
(g) An applicant for certification by examination to practice as a certified medication aide must:
(1) submit a completed written application on forms
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| provided by the Department and fees as established by the Department;
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|
(2) be age 18 or older;
(3) have a high school diploma or a high school
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|
(4) demonstrate the ability to speak, read, and write
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| the English language, as determined by rule;
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|
(5) demonstrate competency in math, as determined by
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(6) be currently certified in good standing as a
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| certified nursing assistant and provide proof of 2,000 hours of practice as a certified nursing assistant within 3 years before application for a certificate under this Section;
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(7) submit to the criminal history records check
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| required under Section 46 of the Health Care Worker Background Check Act;
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(8) be currently certified to perform cardiopulmonary
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| resuscitation by the American Heart Association or American Red Cross;
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(9) have successfully completed a course of study
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| approved by the Department as defined by rule; to be approved, the program must include a minimum of 60 hours of classroom-based medication aide education, a minimum of 10 hours of simulation laboratory study, and a minimum of 30 hours of registered nurse-supervised clinical practicum with progressive responsibility of patient medication assistance;
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(10) have successfully completed the Medication Aide
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| Certification Examination or other examination authorized by the Department; and
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(11) submit proof of employment by a qualifying
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|
(h) The expiration date for each certification to practice as a certified medication aide shall be set by rule.
(i) No person shall use the title "certified medication aide" unless he or she holds a valid certificate issued by the Department in accordance with this Section.
(j) The Department shall propose rules to implement the provisions of this Section within 180 days after the effective date of this amendatory Act of the 103rd General Assembly.
(Source: P.A. 103-886, eff. 8-9-24.)
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(210 ILCS 9/90) (Text of Section before amendment by P.A. 104-191) Sec. 90. Contents of service delivery contract. A contract between an
establishment and a resident must be entitled "assisted living
establishment
contract" or "shared housing establishment contract" as applicable, shall be
printed in no less
than 12 point type, and shall include at least the following elements in the
body or through
supporting documents or attachments: (1) the name, street address, and mailing address of |
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(2) the name and mailing address of the owner or
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| owners of the establishment and, if the owner or owners are not natural persons, the type of business entity of the owner or owners;
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|
(3) the name and mailing address of the managing
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| agent of the establishment, whether hired under a management agreement or lease agreement, if the managing agent is different from the owner or owners;
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(4) the name and address of at least one natural
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| person who is authorized to accept service on behalf of the owners and managing agent;
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|
(5) a statement describing the license status of the
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| establishment and the license status of all providers of health-related or supportive services to a resident under arrangement with the establishment;
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|
(6) the duration of the contract;
(7) the base rate to be paid by the resident and a
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| description of the services to be provided as part of this rate;
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|
(8) a description of any additional services to be
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| provided for an additional fee by the establishment directly or by a third party provider under arrangement with the establishment;
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|
(9) the fee schedules outlining the cost of any
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(10) a description of the process through which the
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| contract may be modified, amended, or terminated;
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|
(11) a description of the establishment's complaint
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| resolution process available to residents and notice of the availability of the Department on Aging's Senior Helpline for complaints;
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|
(12) the name of the resident's designated
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|
(13) the resident's obligations in order to maintain
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| residency and receive services including compliance with all assessments required under Section 15;
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|
(14) the billing and payment procedures and
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|
(15) a statement affirming the resident's freedom to
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| receive services from service providers with whom the establishment does not have a contractual arrangement, which may also disclaim liability on the part of the establishment for those services;
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|
(16) a statement that medical assistance under
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| Article V or Article VI of the Illinois Public Aid Code is not available for payment for services provided in an establishment, excluding contracts executed with residents residing in licensed establishments participating in the Department on Aging's Comprehensive Care in Residential Settings Demonstration Project;
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|
(17) a statement detailing the admission, risk
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| management, and residency termination criteria and procedures;
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|
(18) a statement listing the rights specified in
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| Section 95 and acknowledging that, by contracting with the assisted living or shared housing establishment, the resident does not forfeit those rights;
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|
(19) a statement detailing the Department's annual
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| on-site review process including what documents contained in a resident's personal file shall be reviewed by the on-site reviewer as defined by rule; and
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|
(20) a statement outlining whether the establishment
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| charges a community fee and, if so, the amount of the fee and whether it is refundable; if the fee is refundable, the contract must describe the conditions under which it is refundable and how the amount of the refund is determined.
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|
(Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.)
(Text of Section after amendment by P.A. 104-191)
Sec. 90. Contents of service delivery contract. A contract between an establishment and a resident must be entitled "assisted living establishment contract" or "shared housing establishment contract" as applicable, shall be printed in no less than 12 point type, and shall include at least the following elements in the body or through supporting documents or attachments:
(1) the name, street address, and mailing address of
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|
(2) the name and mailing address of the owner or
|
| owners of the establishment and, if the owner or owners are not natural persons, the type of business entity of the owner or owners;
|
|
(3) the name and mailing address of the managing
|
| agent of the establishment, whether hired under a management agreement or lease agreement, if the managing agent is different from the owner or owners;
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|
(4) the name and address of at least one natural
|
| person who is authorized to accept service on behalf of the owners and managing agent;
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|
(5) a statement describing the license status of the
|
| establishment and the license status of all providers of health-related or supportive services to a resident under arrangement with the establishment;
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|
(6) the duration of the contract;
(7) the base rate to be paid by the resident and a
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| description of the services to be provided as part of this rate;
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|
(8) a description of any additional services to be
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| provided for an additional fee by the establishment directly or by a third party provider under arrangement with the establishment;
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|
(9) the fee schedules outlining the cost of any
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|
(10) a description of the process through which the
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| contract may be modified, amended, or terminated;
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|
(11) a description of the establishment's complaint
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| resolution process available to residents and notice of the availability of the Department on Aging's Senior Helpline for complaints;
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|
(12) the name of the resident's designated
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|
(13) the resident's obligations in order to maintain
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| residency and receive services including compliance with all assessments required under Section 15;
|
|
(14) the billing and payment procedures and
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|
(15) a statement affirming the resident's freedom to
|
| receive services from service providers with whom the establishment does not have a contractual arrangement, which may also disclaim liability on the part of the establishment for those services;
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|
(16) a statement that medical assistance under
|
| Article V or Article VI of the Illinois Public Aid Code is not available for payment for services provided in an establishment, excluding contracts executed with residents residing in licensed establishments participating in the Department on Aging's Comprehensive Care in Residential Settings Demonstration Project;
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|
(17) a statement detailing the admission, risk
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| management, and residency termination criteria and procedures;
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|
(18) a written explanation, prepared by the Office of
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| State Long Term Care Ombudsman, listing the rights specified in Sections 80 and 95, including an acknowledgment by the establishment that, by contracting with the assisted living or shared housing establishment, the resident does not forfeit those rights;
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|
(19) a statement detailing the Department's annual
|
| on-site review process including what documents contained in a resident's personal file shall be reviewed by the on-site reviewer as defined by rule; and
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|
(20) a statement outlining whether the establishment
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| charges a community fee and, if so, the amount of the fee and whether it is refundable; if the fee is refundable, the contract must describe the conditions under which it is refundable and how the amount of the refund is determined.
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|
(Source: P.A. 104-191, eff. 1-1-26.)
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(210 ILCS 9/95) (Text of Section before amendment by P.A. 104-191) Sec. 95. Resident rights. No resident shall be deprived of any rights,
benefits, or privileges guaranteed by law, the Constitution of the State of
Illinois, or the Constitution of the United States solely on account of his or
her status as a resident of an establishment, nor shall a resident forfeit any
of the following rights: (1) the right to retain and use personal property |
| and a place to store personal items that is locked and secure;
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|
(2) the right to refuse services and to be advised of
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| the consequences of that refusal;
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|
(3) the right to respect for bodily privacy and
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| dignity at all times, especially during care and treatment;
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|
(4) the right to the free exercise of religion;
(5) the right to privacy with regard to mail, phone
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|
(6) the right to uncensored access to the State
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| Ombudsman or his or her designee;
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|
(7) the right to be free of retaliation for
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| criticizing the establishment or making complaints to appropriate agencies;
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|
(8) the right to be free of chemical and physical
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|
(9) the right to be free of abuse or neglect or to
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|
(10) the right to confidentiality of the resident's
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|
(11) the right of access and the right to copy the
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| resident's personal files maintained by the establishment;
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|
(12) the right to 24 hours access to the
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|
(13) the right to a minimum of 90-days notice of a
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| planned establishment closure;
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|
(14) the right to a minimum of 30-days notice of an
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| involuntary residency termination, except where the resident poses a threat to himself or others, or in other emergency situations, and the right to appeal such termination; and
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|
(15) the right to a 30-day notice of delinquency and
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| at least 15 days right to cure delinquency.
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|
(Source: P.A. 91-656, eff. 1-1-01.)
(Text of Section after amendment by P.A. 104-191)
Sec. 95. Resident rights. No resident shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of his or her status as a resident of an establishment, nor shall a resident forfeit any of the following rights:
(1) the right to retain and use personal property and
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| a place to store personal items that is locked and secure;
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|
(2) the right to refuse services and to be advised of
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| the consequences of that refusal;
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|
(3) the right to respect for bodily privacy and
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| dignity at all times, especially during care and treatment;
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|
(4) the right to the free exercise of religion;
(5) the right to privacy with regard to mail, phone
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|
(6) the right to uncensored access to the State
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| Ombudsman or his or her designee;
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|
(7) the right to be free of retaliation for
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| criticizing the establishment or making complaints to appropriate agencies;
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|
(8) the right to be free of chemical and physical
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|
(9) the right to be free of abuse or neglect or to
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|
(10) the right to confidentiality of the resident's
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|
(11) the right of access and the right to copy the
|
| resident's personal files maintained by the establishment;
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|
(12) the right to 24 hours access to the
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|
(13) the right to a minimum of 90 days' notice of a
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| planned establishment closure;
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|
(14) the right to a minimum of 30 days' notice of an
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| involuntary residency termination, except where the resident poses a threat to himself or others, or in other emergency situations, and the right to appeal such termination; if an establishment withdraws a notice of involuntary termination of residency, then the resident has the right to maintain residency at the establishment;
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|
(15) the right to a 30-day notice of delinquency and
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| at least 15 days right to cure delinquency; and
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|
(16) the right to not be unlawfully transferred or
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|
(Source: P.A. 104-191, eff. 1-1-26.)
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(210 ILCS 9/150) (Text of Section before amendment by P.A. 104-295) Sec. 150. Alzheimer and dementia programs. (a) In addition to this Section, Alzheimer and
dementia programs
shall comply with all of the other
provisions of this Act. (b) No person shall be admitted or retained if the assisted living
or shared housing
establishment cannot provide or secure appropriate care, if the resident
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. (c) No person shall be accepted for residency or remain in residence if the
person's mental or physical condition has so deteriorated to render residency
in such a program to be detrimental to the health, welfare or safety of the
person or of other residents of the establishment. The Department by rule
shall identify a validated dementia-specific
standard
with
inter-rater reliability
that will be used to assess individual
residents.
The assessment must be approved by the resident's physician and shall occur
prior to acceptance for residency, annually, and at such time that a change in
the resident's condition is identified by a family member, staff of the
establishment, or the resident's physician. (d) No person shall be accepted for residency or remain in residence if the
person is dangerous to self or others and the establishment would be unable to
eliminate the danger through the use of appropriate treatment modalities. (e) No person shall be accepted for residency or remain in residence if the
person meets the criteria provided in subsections (b) through (g) of Section 75
of this Act. (f) An establishment that offers to provide a special program or unit for
persons with
Alzheimer's disease and related disorders shall: (1) disclose to the Department and to a potential or |
| actual resident of the establishment information as specified under the Alzheimer's Disease and Related Dementias Special Care Disclosure Act;
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|
(2) ensure that a resident's representative is
|
| designated for the resident;
|
|
(3) develop and implement policies and procedures
|
| that ensure the continued safety of all residents in the establishment including, but not limited to, those who:
|
|
(A) may wander; and
(B) may need supervision and assistance when
|
| evacuating the building in an emergency;
|
|
(4) provide coordination of communications with each
|
| resident, resident's representative, relatives and other persons identified in the resident's service plan;
|
|
(5) provide cognitive stimulation and activities to
|
|
(6) provide an appropriate number of staff for its
|
| resident population, as established by rule;
|
|
(7) require the director or administrator and direct
|
| care staff to complete sufficient comprehensive and ongoing dementia and cognitive deficit training, the content of which shall be established by rule; and
|
|
(8) develop emergency procedures and staffing
|
| patterns to respond to the needs of residents.
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|
(Source: P.A. 96-990, eff. 7-2-10.)
(Text of Section after amendment by P.A. 104-295)
Sec. 150. Alzheimer and dementia programs.
(a) In addition to this Section, Alzheimer and dementia programs shall comply with all of the other provisions of this Act.
(b) No person shall be admitted or retained if the assisted living or shared housing establishment cannot provide or secure appropriate care, if the resident 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.
(c) No person shall be accepted for residency or remain in residence if the person's mental or physical condition has so deteriorated to render residency in such a program to be detrimental to the health, welfare or safety of the person or of other residents of the establishment. The Department by rule shall identify a validated dementia-specific standard with inter-rater reliability that will be used to assess individual residents. The assessment must be approved by the resident's physician and shall occur prior to acceptance for residency, annually, and at such time that a change in the resident's condition is identified by a family member, staff of the establishment, or the resident's physician.
(d) No person shall be accepted for residency or remain in residence if the person is dangerous to self or others and the establishment would be unable to eliminate the danger through the use of appropriate treatment modalities.
(e) No person shall be accepted for residency or remain in residence if the person meets the criteria provided in subsections (b) through (g) of Section 75 of this Act.
(f) An establishment that offers to provide a special program or unit for persons with Alzheimer's disease and related disorders shall:
(1) disclose to the Department and to a potential or
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| actual resident of the establishment information as specified under the Alzheimer's Disease and Related Dementias Special Care Disclosure Act;
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|
(2) ensure that a resident's representative is
|
| designated for the resident;
|
|
(3) develop and implement policies and procedures
|
| that ensure the continued safety of all residents in the establishment, including, but not limited to, those who:
|
|
(A) may wander; and
(B) may need supervision and assistance when
|
| evacuating the building in an emergency;
|
|
(4) provide coordination of communications with each
|
| resident, resident's representative, relatives and other persons identified in the resident's service plan;
|
|
(5) provide cognitive stimulation and activities to
|
|
(6) provide an appropriate number of staff for its
|
| resident population, as established by rule;
|
|
(7) require the director or administrator and direct
|
| care staff to complete sufficient comprehensive and ongoing dementia and cognitive deficit training, the content of which shall be established by rule; and
|
|
(8) develop emergency procedures and staffing
|
| patterns to respond to the needs of residents.
|
|
(g) Individual residents shall be assessed prior to admission using assessment tools that are approved or recommended by recognized Alzheimer's and dementia care experts, ensuring that the tools are validated for accurately identifying and evaluating cognitive impairments related to Alzheimer's disease and other forms of dementia. These tools shall be reviewed and updated as needed to align with current best practices and clinical standards in dementia care.
(Source: P.A. 104-295, eff. 1-1-26.)
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