103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5000

 

Introduced 2/8/2024, by Rep. Norine K. Hammond

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 9/75

    Amends the Assisted Living and Shared Housing Act. Provides that a person shall not be accepted for residency if that person requires level 3 or level 4 sterile wound care unless care is self-administered or administered by a licensed health care professional. Removes the prohibition on accepting a person for residency if that 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 license health care professional.


LRB103 38511 CES 68647 b

 

 

A BILL FOR

 

HB5000LRB103 38511 CES 68647 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 75 as follows:
 
6    (210 ILCS 9/75)
7    Sec. 75. Residency requirements.
8    (a) No individual shall be accepted for residency or
9remain in residence if the establishment cannot provide or
10secure appropriate services, if the individual requires a
11level of service or type of service for which the
12establishment is not licensed or which the establishment does
13not provide, or if the establishment does not have the staff
14appropriate in numbers and with appropriate skill to provide
15such services.
16    (b) Only adults may be accepted for residency.
17    (c) A person shall not be accepted for residency if:
18        (1) the person poses a serious threat to himself or
19    herself or to others;
20        (2) the person is not able to communicate his or her
21    needs and no resident representative residing in the
22    establishment, and with a prior relationship to the
23    person, has been appointed to direct the provision of

 

 

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1    services;
2        (3) the person requires total assistance with 2 or
3    more activities of daily living;
4        (4) the person requires the assistance of more than
5    one paid caregiver at any given time with an activity of
6    daily living;
7        (5) the person requires more than minimal assistance
8    in moving to a safe area in an emergency;
9        (6) the person has a severe mental illness, which for
10    the purposes of this Section means a condition that is
11    characterized by the presence of a major mental disorder
12    as classified in the Diagnostic and Statistical Manual of
13    Mental Disorders, Fourth Edition (DSM-IV) (American
14    Psychiatric Association, 1994), where the individual is a
15    person with a substantial disability due to mental illness
16    in the areas of self-maintenance, social functioning,
17    activities of community living and work skills, and the
18    disability specified is expected to be present for a
19    period of not less than one year, but does not mean
20    Alzheimer's disease and other forms of dementia based on
21    organic or physical disorders;
22        (7) the person requires intravenous therapy or
23    intravenous feedings unless self-administered or
24    administered by a qualified, licensed health care
25    professional;
26        (8) the person requires gastrostomy feedings unless

 

 

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1    self-administered or administered by a licensed health
2    care professional;
3        (9) (blank); the person requires insertion, sterile
4    irrigation, and replacement of catheter, except for
5    routine maintenance of urinary catheters, unless the
6    catheter care is self-administered or administered by a
7    licensed health care professional;
8        (10) the person requires level 3 or level 4 sterile
9    wound care unless care is self-administered or
10    administered by a licensed health care professional;
11        (11) (blank);
12        (12) the person is a diabetic requiring routine
13    insulin injections unless the injections are
14    self-administered or administered by a licensed health
15    care professional;
16        (13) the person requires treatment of stage 3 or stage
17    4 decubitus ulcers or exfoliative dermatitis;
18        (14) the person requires 5 or more skilled nursing
19    visits per week for conditions other than those listed in
20    items (13) and (15) of this subsection for a period of 3
21    consecutive weeks or more except when the course of
22    treatment is expected to extend beyond a 3 week period for
23    rehabilitative purposes and is certified as temporary by a
24    physician; or
25        (15) other reasons prescribed by the Department by
26    rule.

 

 

HB5000- 4 -LRB103 38511 CES 68647 b

1    (d) A resident with a condition listed in items (1)
2through (15) of subsection (c) shall have his or her residency
3terminated.
4    (e) Residency shall be terminated when services available
5to the resident in the establishment are no longer adequate to
6meet the needs of the resident. This provision shall not be
7interpreted as limiting the authority of the Department to
8require the residency termination of individuals.
9    (f) Subsection (d) of this Section shall not apply to
10terminally ill residents who receive or would qualify for
11hospice care and such care is coordinated by a hospice program
12licensed under the Hospice Program Licensing Act or other
13licensed health care professional employed by a licensed home
14health agency and the establishment and all parties agree to
15the continued residency.
16    (g) Items (3), (4), (5), and (9) of subsection (c) shall
17not apply to a quadriplegic, paraplegic, or individual with
18neuro-muscular diseases, such as muscular dystrophy and
19multiple sclerosis, or other chronic diseases and conditions
20as defined by rule if the individual is able to communicate his
21or her needs and does not require assistance with complex
22medical problems, and the establishment is able to accommodate
23the individual's needs. The Department shall prescribe rules
24pursuant to this Section that address special safety and
25service needs of these individuals.
26    (h) For the purposes of items (7) through (10) of

 

 

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1subsection (c), a licensed health care professional may not be
2employed by the owner or operator of the establishment, its
3parent entity, or any other entity with ownership common to
4either the owner or operator of the establishment or parent
5entity, including but not limited to an affiliate of the owner
6or operator of the establishment. Nothing in this Section is
7meant to limit a resident's right to choose his or her health
8care provider.
9    (i) Subsection (h) is not applicable to residents admitted
10to an assisted living establishment under a life care contract
11as defined in the Life Care Facilities Act if the life care
12facility has both an assisted living establishment and a
13skilled nursing facility. A licensed health care professional
14providing health-related or supportive services at a life care
15assisted living or shared housing establishment must be
16employed by an entity licensed by the Department under the
17Nursing Home Care Act or the Home Health, Home Services, and
18Home Nursing Agency Licensing Act.
19(Source: P.A. 103-444, eff. 1-1-24.)