102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1455

 

Introduced 2/17/2021, by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 9/5

    Amends the Assisted Living and Shared Housing Act. Makes a technical change in a Section concerning legislative purpose.


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A BILL FOR

 

HB1455LRB102 03471 CPF 13484 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Assisted Living and Shared Housing Act is
5amended by changing Section 5 as follows:
 
6    (210 ILCS 9/5)
7    Sec. 5. Legislative purpose. The The purpose of this Act
8is to permit the development and availability of assisted
9living establishments and shared housing establishments based
10on a social model that promotes the dignity, individuality,
11privacy, independence, autonomy, and decision-making ability
12and the right to negotiated risk of those persons; to provide
13for the health, safety, and welfare of those residents
14residing in assisted living and shared housing establishments
15in this State; to promote continuous quality improvement in
16assisted living; and to encourage the development of
17innovative and affordable assisted living establishments and
18shared housing with service establishments for elderly persons
19of all income levels. It is the public policy of this State
20that assisted living is an important part of the continuum of
21long term care. In support of the goal of aging in place within
22the parameters established by this Act, assisted living and
23shared housing establishments shall be operated as residential

 

 

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1environments with supportive services designed to meet the
2individual resident's changing needs and preferences. The
3residential environment shall be designed to encourage family
4and community involvement. The services available to
5residents, either directly or through contracts or agreements,
6are intended to help residents remain as independent as
7possible. Assisted living, which promotes resident choice,
8autonomy, and decision making, should be based on a contract
9model designed to result in a negotiated agreement between the
10resident or the resident's representative and the provider,
11clearly identifying the services to be provided. This model
12assumes that residents are able to direct services provided
13for them and will designate a representative to direct these
14services if they themselves are unable to do so. This model
15supports the principle that there is an acceptable balance
16between consumer protection and resident willingness to accept
17risk and that most consumers are competent to make their own
18judgments about the services they are obtaining. Regulation of
19assisted living establishments and shared housing
20establishments must be sufficiently flexible to allow
21residents to age in place within the parameters of this Act.
22The administration of this Act and services provided must
23therefore ensure that the residents have the rights and
24responsibilities to direct the scope of services they receive
25and to make individual choices based on their needs and
26preferences. These establishments shall be operated in a

 

 

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1manner that provides the least restrictive and most homelike
2environment and that promotes independence, autonomy,
3individuality, privacy, dignity, and the right to negotiated
4risk in residential surroundings. It is not the intent of the
5State that establishments licensed under this Act be used as
6halfway houses for alcohol and substance abusers.
7(Source: P.A. 91-656, eff. 1-1-01.)