Rep. Lou Lang

Filed: 5/5/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2147

2    AMENDMENT NO. ______. Amend Senate Bill 2147 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Assisted Living and Shared Housing Act is
5amended by changing Sections 5, 10, 20, 25, 30, 32, 35, 40, 45,
655, 60, 65, and 75 as follows:
 
7    (210 ILCS 9/5)
8    Sec. 5. Legislative purpose. The purpose of this Act is to
9permit the development and availability of assisted living
10establishments and shared housing establishments based on a
11social model that promotes the dignity, individuality,
12privacy, independence, autonomy, and decision-making ability
13and the right to negotiated risk of those persons; to provide
14for the health, safety, and welfare of those residents residing
15in assisted living and shared housing establishments in this
16State; to promote continuous quality improvement in assisted

 

 

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1living; and to encourage the development of innovative and
2affordable assisted living establishments and shared housing
3with service establishments for elderly persons of all income
4levels. It is the public policy of this State that assisted
5living is an important part of the continuum of long term care.
6In support of the goal of aging in place within the parameters
7established by this Act, assisted living and shared housing
8establishments shall be operated as residential environments
9with supportive services designed to meet the individual
10resident's changing needs and preferences. The residential
11environment shall be designed to encourage family and community
12involvement. The services available to residents, either
13directly or through contracts or agreements, are intended to
14help residents remain as independent as possible. Assisted
15living, which promotes resident choice, autonomy, and decision
16making, should be based on a contract model designed to result
17in a negotiated agreement between the resident or the
18resident's representative and the provider, clearly
19identifying the services to be provided. This model assumes
20that residents are able to direct services provided for them
21and will designate a representative to direct these services if
22they themselves are unable to do so. This model supports the
23principle that there is an acceptable balance between consumer
24protection and resident willingness to accept risk and that
25most consumers are competent to make their own judgments about
26the services they are obtaining. Regulation of assisted living

 

 

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1establishments and shared housing establishments must be
2sufficiently flexible to allow residents to age in place within
3the parameters of this Act. The administration of this Act and
4services provided must therefore ensure that the residents have
5the rights and responsibilities to direct the scope of services
6they receive and to make individual choices based on their
7needs and preferences. These establishments shall be operated
8in a manner that provides the least restrictive and most
9homelike environment and that promotes independence, autonomy,
10individuality, privacy, dignity, and the right to negotiated
11risk in residential surroundings. It is not the intent of the
12State that certified establishments licensed under this Act be
13used as halfway houses for alcohol and substance abusers.
14(Source: P.A. 91-656, eff. 1-1-01.)
 
15    (210 ILCS 9/10)
16    Sec. 10. Definitions. For purposes of this Act:
17    "Activities of daily living" means eating, dressing,
18bathing, toileting, transferring, or personal hygiene.
19    "Assisted living establishment" or "establishment" means a
20home, building, residence, or any other place where sleeping
21accommodations are provided for at least 3 unrelated adults, at
22least 80% of whom are 55 years of age or older and where the
23following are provided consistent with the purposes of this
24Act:
25        (1) services consistent with a social model that is

 

 

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1    based on the premise that the resident's unit in assisted
2    living and shared housing is his or her own home;
3        (2) community-based residential care for persons who
4    need assistance with activities of daily living, including
5    personal, supportive, and intermittent health-related
6    services available 24 hours per day, if needed, to meet the
7    scheduled and unscheduled needs of a resident;
8        (3) mandatory services, whether provided directly by
9    the establishment or by another entity arranged for by the
10    establishment, with the consent of the resident or
11    resident's representative; and
12        (4) a physical environment that is a homelike setting
13    that includes the following and such other elements as
14    established by the Department: individual living units
15    each of which shall accommodate small kitchen appliances
16    and contain private bathing, washing, and toilet
17    facilities, or private washing and toilet facilities with a
18    common bathing room readily accessible to each resident.
19    Units shall be maintained for single occupancy except in
20    cases in which 2 residents choose to share a unit.
21    Sufficient common space shall exist to permit individual
22    and group activities.
23    "Assisted living establishment" or "establishment" does
24not mean any of the following:
25        (1) A home, institution, or similar place operated by
26    the federal government or the State of Illinois.

 

 

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1        (2) A long term care facility licensed under the
2    Nursing Home Care Act or a facility licensed under the
3    MR/DD Community Care Act. However, a facility licensed
4    under either of those Acts may convert distinct parts of
5    the facility to assisted living. If the facility elects to
6    do so, the facility shall retain the Certificate of Need
7    for its nursing and sheltered care beds that were
8    converted.
9        (3) A hospital, sanitarium, or other institution, the
10    principal activity or business of which is the diagnosis,
11    care, and treatment of human illness and that is required
12    to be licensed under the Hospital Licensing Act.
13        (4) A facility for child care as defined in the Child
14    Care Act of 1969.
15        (5) A community living facility as defined in the
16    Community Living Facilities Licensing Act.
17        (6) A nursing home or sanitarium operated solely by and
18    for persons who rely exclusively upon treatment by
19    spiritual means through prayer in accordance with the creed
20    or tenants of a well-recognized church or religious
21    denomination.
22        (7) A facility licensed by the Department of Human
23    Services as a community-integrated living arrangement as
24    defined in the Community-Integrated Living Arrangements
25    Licensure and Certification Act.
26        (8) A supportive residence licensed under the

 

 

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1    Supportive Residences Licensing Act.
2        (9) The portion of a life care facility as defined in
3    the Life Care Facilities Act not licensed as an assisted
4    living establishment under this Act; a life care facility
5    may apply under this Act to convert sections of the
6    community to assisted living.
7        (10) A free-standing hospice facility licensed under
8    the Hospice Program Licensing Act.
9        (11) A shared housing establishment.
10        (12) A supportive living facility as described in
11    Section 5-5.01a of the Illinois Public Aid Code.
12    "Department" means the Department of Public Health.
13    "Director" means the Director of Public Health.
14    "Emergency situation" means imminent danger of death or
15serious physical harm to a resident of an establishment.
16    "Certificate License" means any of the following types of
17certificates licenses issued to an applicant or licensee by the
18Department:
19        (1) "Probationary certificate license" means a
20    certificate license issued to an applicant or the holder of
21    a certificate licensee that has not held a certificate or
22    license under this Act prior to its application or pursuant
23    to a license transfer in accordance with Section 50 of this
24    Act.
25        (2) "Regular certification license" means a
26    certificate license issued by the Department to an

 

 

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1    applicant or the holder of a certificate licensee that is
2    in substantial compliance with this Act and any rules
3    promulgated under this Act.
4    "Holder of a certificate Licensee" means a person, agency,
5association, corporation, partnership, or organization that
6has been issued a certificate license to operate an assisted
7living or shared housing establishment.
8    "Licensed health care professional" means a registered
9professional nurse, an advanced practice nurse, a physician
10assistant, and a licensed practical nurse.
11    "Mandatory services" include the following:
12        (1) 3 meals per day available to the residents prepared
13    by the establishment or an outside contractor;
14        (2) housekeeping services including, but not limited
15    to, vacuuming, dusting, and cleaning the resident's unit;
16        (3) personal laundry and linen services available to
17    the residents provided or arranged for by the
18    establishment;
19        (4) security provided 24 hours each day including, but
20    not limited to, locked entrances or building or contract
21    security personnel;
22        (5) an emergency communication response system, which
23    is a procedure in place 24 hours each day by which a
24    resident can notify building management, an emergency
25    response vendor, or others able to respond to his or her
26    need for assistance; and

 

 

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1        (6) assistance with activities of daily living as
2    required by each resident.
3    "Negotiated risk" is the process by which a resident, or
4his or her representative, may formally negotiate with
5providers what risks each are willing and unwilling to assume
6in service provision and the resident's living environment. The
7provider assures that the resident and the resident's
8representative, if any, are informed of the risks of these
9decisions and of the potential consequences of assuming these
10risks.
11    "Owner" means the individual, partnership, corporation,
12association, or other person who owns an assisted living or
13shared housing establishment. In the event an assisted living
14or shared housing establishment is operated by a person who
15leases or manages the physical plant, which is owned by another
16person, "owner" means the person who operates the assisted
17living or shared housing establishment, except that if the
18person who owns the physical plant is an affiliate of the
19person who operates the assisted living or shared housing
20establishment and has significant control over the day to day
21operations of the assisted living or shared housing
22establishment, the person who owns the physical plant shall
23incur jointly and severally with the owner all liabilities
24imposed on an owner under this Act.
25    "Physician" means a person licensed under the Medical
26Practice Act of 1987 to practice medicine in all of its

 

 

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1branches.
2    "Resident" means a person residing in an assisted living or
3shared housing establishment.
4    "Resident's representative" means a person, other than the
5owner, agent, or employee of an establishment or of the health
6care provider unless related to the resident, designated in
7writing by a resident to be his or her representative. This
8designation may be accomplished through the Illinois Power of
9Attorney Act, pursuant to the guardianship process under the
10Probate Act of 1975, or pursuant to an executed designation of
11representative form specified by the Department.
12    "Self" means the individual or the individual's designated
13representative.
14    "Shared housing establishment" or "establishment" means a
15publicly or privately operated free-standing residence for 16
16or fewer persons, at least 80% of whom are 55 years of age or
17older and who are unrelated to the owners and one manager of
18the residence, where the following are provided:
19        (1) services consistent with a social model that is
20    based on the premise that the resident's unit is his or her
21    own home;
22        (2) community-based residential care for persons who
23    need assistance with activities of daily living, including
24    housing and personal, supportive, and intermittent
25    health-related services available 24 hours per day, if
26    needed, to meet the scheduled and unscheduled needs of a

 

 

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1    resident; and
2        (3) mandatory services, whether provided directly by
3    the establishment or by another entity arranged for by the
4    establishment, with the consent of the resident or the
5    resident's representative.
6    "Shared housing establishment" or "establishment" does not
7mean any of the following:
8        (1) A home, institution, or similar place operated by
9    the federal government or the State of Illinois.
10        (2) A long term care facility licensed under the
11    Nursing Home Care Act or a facility licensed under the
12    MR/DD Community Care Act. A facility licensed under either
13    of those Acts may, however, convert sections of the
14    facility to assisted living. If the facility elects to do
15    so, the facility shall retain the Certificate of Need for
16    its nursing beds that were converted.
17        (3) A hospital, sanitarium, or other institution, the
18    principal activity or business of which is the diagnosis,
19    care, and treatment of human illness and that is required
20    to be licensed under the Hospital Licensing Act.
21        (4) A facility for child care as defined in the Child
22    Care Act of 1969.
23        (5) A community living facility as defined in the
24    Community Living Facilities Licensing Act.
25        (6) A nursing home or sanitarium operated solely by and
26    for persons who rely exclusively upon treatment by

 

 

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1    spiritual means through prayer in accordance with the creed
2    or tenants of a well-recognized church or religious
3    denomination.
4        (7) A facility licensed by the Department of Human
5    Services as a community-integrated living arrangement as
6    defined in the Community-Integrated Living Arrangements
7    Licensure and Certification Act.
8        (8) A supportive residence licensed under the
9    Supportive Residences Licensing Act.
10        (9) A life care facility as defined in the Life Care
11    Facilities Act; a life care facility may apply under this
12    Act to convert sections of the community to assisted
13    living.
14        (10) A free-standing hospice facility licensed under
15    the Hospice Program Licensing Act.
16        (11) An assisted living establishment.
17        (12) A supportive living facility as described in
18    Section 5-5.01a of the Illinois Public Aid Code.
19    "Total assistance" means that staff or another individual
20performs the entire activity of daily living without
21participation by the resident.
22(Source: P.A. 95-216, eff. 8-16-07; 96-339, eff. 7-1-10;
2396-975, eff. 7-2-10.)
 
24    (210 ILCS 9/20)
25    Sec. 20. Construction and operating standards. The

 

 

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1Department shall prescribe minimum standards for
2establishments. These standards shall include:
3        (1) the location and construction of the
4    establishment, including plumbing, heating, lighting,
5    ventilation, and other physical conditions which shall
6    ensure the health, safety, and comfort of residents and
7    their protection from fire hazards; these standards shall
8    include, at a minimum, compliance with the residential
9    board and care occupancies chapter of the National Fire
10    Protection Association's Life Safety Code, local and State
11    building codes for the building type, and accessibility
12    standards of the Americans with Disabilities Act;
13        (2) the number and qualifications of all personnel
14    having responsibility for any part of the services provided
15    for residents;
16        (3) all sanitary conditions within the establishment
17    and its surroundings, including water supply, sewage
18    disposal, food handling, infection control, and general
19    hygiene, which shall ensure the health and comfort of
20    residents;
21        (4) a program for adequate maintenance of physical
22    plant and equipment;
23        (5) adequate accommodations, staff, and services for
24    the number and types of residents for whom the
25    establishment is certified licensed;
26        (6) the development of evacuation and other

 

 

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1    appropriate safety plans for use during weather, health,
2    fire, physical plant, environmental, and national defense
3    emergencies; and
4        (7) the maintenance of minimum financial and other
5    resources necessary to meet the standards established
6    under this Section and to operate the establishment in
7    accordance with this Act.
8(Source: P.A. 96-975, eff. 7-2-10.)
 
9    (210 ILCS 9/25)
10    Sec. 25. Certification License requirement. No person may
11establish, operate, maintain, or offer an establishment as an
12assisted living establishment or shared housing establishment
13as defined by the Act within this State unless and until he or
14she obtains a valid certificate license, which remains
15unsuspended, unrevoked, and unexpired. No public official,
16agent, or employee may place any person in, or recommend that
17any person be placed in, or directly or indirectly cause any
18person to be placed in any establishment that meets the
19definition under this Act that is being operated without a
20valid certificate license. No public official, agent, or
21employee may place the name of an uncertified unlicensed
22establishment that is required to be certified licensed under
23this Act on a list of programs. An entity that operates as an
24assisted living or shared housing establishment as defined by
25this Act without being certified a license shall be subject to

 

 

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1the provisions, including penalties, of the Nursing Home Care
2Act. No entity shall use in its name or advertise "assisted
3living" unless certified licensed as an assisted living
4establishment under this Act or as a shelter care facility
5under the Nursing Home Care Act that also meets the definition
6of an assisted living establishment under this Act, except a
7shared housing establishment certified licensed under this Act
8may advertise assisted living services. A valid license issued
9pursuant to this Act prior to the effective date of this
10amendatory Act of the 97th General Assembly shall be deemed a
11valid certificate pursuant to this Act subject to all renewal,
12suspension, revocation, and disciplinary provisions of this
13Act until such time as the Department shall establish means for
14certification under this Act.
15(Source: P.A. 93-141, eff. 7-10-03.)
 
16    (210 ILCS 9/30)
17    Sec. 30. Certification Licensing.
18    (a) The Department shall establish by rule forms,
19procedures, and fees for the annual certification licensing of
20assisted living and shared housing establishments; shall
21establish and enforce sanctions and penalties for operating in
22violation of this Act, as provided in Section 135 of this Act
23and rules adopted under Section 110 of this Act. The Department
24shall conduct an annual on-site review for each establishment
25covered by this Act, which shall include, but not be limited

 

 

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1to, compliance with this Act and rules adopted hereunder, focus
2on solving resident issues and concerns, and the quality
3improvement process implemented by the establishment to
4address resident issues. The quality improvement process
5implemented by the establishment must benchmark performance,
6be customer centered, be data driven, and focus on resident
7satisfaction.
8    (b) An establishment shall provide the following
9information to the Department to be considered for
10certification licensure:
11        (1) the business name, street address, mailing
12    address, and telephone number of the establishment;
13        (2) the name and mailing address of the owner or owners
14    of the establishment and if the owner or owners are not
15    natural persons, identification of the type of business
16    entity of the owners, and the names and addresses of the
17    officers and members of the governing body, or comparable
18    persons for partnerships, limited liability companies, or
19    other types of business organizations;
20        (3) financial information, content and form to be
21    determined by rules which may provide different standards
22    for assisted living establishments and shared housing
23    establishments, establishing that the project is
24    financially feasible;
25        (4) the name and mailing address of the managing agent
26    of the establishment, whether hired under a management

 

 

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1    agreement or lease agreement, if different from the owner
2    or owners, and the name of the full-time director;
3        (5) verification that the establishment has entered or
4    will enter into a service delivery contract as provided in
5    Section 90, as required under this Act, with each resident
6    or resident's representative;
7        (6) the name and address of at least one natural person
8    who shall be responsible for dealing with the Department on
9    all matters provided for in this Act, on whom personal
10    service of all notices and orders shall be made, and who
11    shall be authorized to accept service on behalf of the
12    owner or owners and the managing agent. Notwithstanding a
13    contrary provision of the Code of Civil Procedure, personal
14    service on the person identified pursuant to this
15    subsection shall be considered service on the owner or
16    owners and the managing agent, and it shall not be a
17    defense to any action that personal service was not made on
18    each individual or entity;
19        (7) the signature of the authorized representative of
20    the owner or owners;
21        (8) proof of an ongoing quality improvement program in
22    accordance with rules adopted by the Department;
23        (9) information about the number and types of units,
24    the maximum census, and the services to be provided at the
25    establishment, proof of compliance with applicable State
26    and local residential standards, and a copy of the standard

 

 

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1    contract offered to residents;
2        (10) documentation of adequate liability insurance;
3    and
4        (11) other information necessary to determine the
5    identity and qualifications of an applicant or the holder
6    of a certificate licensee to operate an establishment in
7    accordance with this Act as required by the Department by
8    rule.
9    (c) The information in the statement of ownership shall be
10public information and shall be available from the Department.
11(Source: P.A. 96-975, eff. 7-2-10.)
 
12    (210 ILCS 9/32)
13    Sec. 32. Floating certification license. An establishment
14(i) in which 80% of the residents are at least 55 years of age
15or older, (ii) that is operated as housing for the elderly, and
16(iii) that meets the construction and operating standards
17contained in Section 20 of this Act may request a floating
18assisted living certificate license for any number of
19individual living units within the establishment up to, but not
20including, total capacity. An establishment requesting a
21floating assisted living certificate license must specify the
22number of individual living units within the establishment to
23be certified licensed. Living units designated by the
24establishment as a certified assisted licensed living unit
25shall, for the purposes of this Section, be referred to as a

 

 

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1certified assisted licensed living unit. An establishment
2utilizing a floating assisted living certificate license must
3have staff adequate to meet the scheduled and unscheduled needs
4of the residents residing in certified assisted licensed living
5units within the establishment. All staff providing services to
6certified assisted licensed living units must meet the
7requirements of this Act and its rules. A living unit may only
8be designated as a certified assisted living licensed unit if
9the living unit and the living unit's resident meet the
10requirements of this Act and its rules. All mandatory services
11must be made available to residents of certified assisted
12licensed living units, and residents of certified assisted
13licensed living units may receive any optional services
14permitted under the establishment's assisted living
15certificate license. Establishments may only provide services
16under this Act in the individual living units designated as
17certified assisted living licensed units. Designation as a
18certified assisted living licensed unit may be temporary to
19accommodate a resident's changing needs without requiring the
20resident to move.
21    An establishment with a floating assisted living
22certification license must keep a current written list of those
23units designated under the floating assisted living
24certificate license. If a resident elects to receive services
25in a unit that is not certified licensed and the unit qualifies
26for assisted living certification licensure, the establishment

 

 

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1must notify the resident that the unit must be certified as an
2assisting living unit licensed and the requirements of this Act
3must be met before services can be provided to residents in
4that unit. Upon the initiation of an initial assisted living
5certification licensing inspection, annual inspection, or
6complaint investigation, the establishment shall provide to
7the Department a list of the units designated under the
8floating assisted living certification license in which
9residents are receiving services subject to this Act.
10(Source: P.A. 93-141, eff. 7-10-03.)
 
11    (210 ILCS 9/35)
12    Sec. 35. Issuance of certification license.
13    (a) Upon receipt and review of an application for a
14certificate license and review of the applicant establishment,
15the Director may issue a certificate license if he or she
16finds:
17        (1) that the individual applicant, or the corporation,
18    partnership, or other entity if the applicant is not an
19    individual, is a person responsible and suitable to operate
20    or to direct or participate in the operation of an
21    establishment by virtue of financial capacity, appropriate
22    business or professional experience, a record of lawful
23    compliance with lawful orders of the Department and lack of
24    revocation of a certificate or license issued under this
25    Act, the Nursing Home Care Act, or the MR/DD Community Care

 

 

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1    Act during the previous 5 years;
2        (2) that the establishment is under the supervision of
3    a full-time director who is at least 21 years of age and
4    has a high school diploma or equivalent plus either:
5            (A) 2 years of management experience or 2 years of
6        experience in positions of progressive responsibility
7        in health care, housing with services, or adult day
8        care or providing similar services to the elderly; or
9            (B) 2 years of management experience or 2 years of
10        experience in positions of progressive responsibility
11        in hospitality and training in health care and housing
12        with services management as defined by rule;
13        (3) that the establishment has staff sufficient in
14    number with qualifications, adequate skills, education,
15    and experience to meet the 24 hour scheduled and
16    unscheduled needs of residents and who participate in
17    ongoing training to serve the resident population;
18        (4) that all employees who are subject to the Health
19    Care Worker Background Check Act meet the requirements of
20    that Act;
21        (5) that the applicant is in substantial compliance
22    with this Act and such other requirements for a certificate
23    license as the Department by rule may establish under this
24    Act;
25        (6) that the applicant pays all required fees;
26        (7) that the applicant has provided to the Department

 

 

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1    an accurate disclosure document in accordance with the
2    Alzheimer's Disease and Related Dementias Special Care
3    Disclosure Act and in substantial compliance with Section
4    150 of this Act.
5    In addition to any other requirements set forth in this
6Act, as a condition of certification licensure under this Act,
7the director of an establishment must participate in at least
820 hours of training every 2 years to assist him or her in
9better meeting the needs of the residents of the establishment
10and managing the operation of the establishment.
11    Any certificate license issued by the Director shall state
12the physical location of the establishment, the date the
13certificate license was issued, and the expiration date. All
14certificates licenses shall be valid for one year, except as
15provided in Sections 40 and 45. Each certificate license shall
16be issued only for the premises and persons named in the
17application, and shall not be transferable or assignable.
18(Source: P.A. 95-79, eff. 8-13-07; 95-590, eff. 9-10-07;
1995-628, eff. 9-25-07; 95-876, eff. 8-21-08; 96-339, eff.
207-1-10; 96-990, eff. 7-2-10.)
 
21    (210 ILCS 9/40)
22    Sec. 40. Probationary certification licenses. If the
23applicant has not been previously certified or licensed under
24this Act or if the establishment is not in operation at the
25time the application is made and if the Department determines

 

 

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1that the applicant meets the certification licensure
2requirements of this Act, the Department shall issue a
3probationary certificate license. A probationary certificate
4license shall be valid for 120 days unless sooner suspended or
5revoked. Within 30 days prior to the termination of a
6probationary certificate license, the Department shall fully
7and completely review the establishment and, if the
8establishment meets the applicable requirements for
9certification licensure, shall issue a certificate license. If
10the Department finds that the establishment does not meet the
11requirements for certification licensure, but has made
12substantial progress toward meeting those requirements, the
13certificate license may be renewed once for a period not to
14exceed 120 days from the expiration date of the initial
15probationary certificate license.
16(Source: P.A. 93-1003, eff. 8-23-04.)
 
17    (210 ILCS 9/45)
18    Sec. 45. Renewal of certification licenses. At least 120
19days, but not more than 150 days prior to the license
20expiration of a certificate, the holder of a certificate
21licensee shall submit an application for renewal of the
22certificate license in such form and containing such
23information as the Department requires. If the application is
24approved, and if the holder of a certificate licensee (i) has
25not committed a Type 1 violation in the preceding 24 months,

 

 

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1(ii) has not committed a Type 2 violation in the preceding 24
2months, (iii) has not had an inspection, review, or evaluation
3that resulted in a finding of 10 or more Type 3 violations in
4the preceding 24 months, and (iv) has not admitted or retained
5a resident in violation of Section 75 of this Act in the
6preceding 24 months, the Department may renew the certificate
7license for an additional period of 2 years at the request of
8the holder of a certificate licensee. If a holder of a
9certificate licensee whose certificate license has been
10renewed for 2 years under this Section subsequently fails to
11meet any of the conditions set forth in items (i), (ii), and
12(iii), then, in addition to any other sanctions that the
13Department may impose under this Act, the Department shall
14revoke the 2-year certificate license and replace it with a
15one-year certificate license until the holder of a certificate
16licensee again meets all of the conditions set forth in items
17(i), (ii), and (iii). If appropriate, the renewal application
18shall not be approved unless the applicant has provided to the
19Department an accurate disclosure document in accordance with
20the Alzheimer's Disease and Related Dementias Special Care
21Disclosure Act. If the application for renewal is not timely
22filed, the Department shall so inform the holder of a
23certificate licensee.
24(Source: P.A. 95-590, eff. 9-10-07; 95-876, eff. 8-21-08;
2596-990, eff. 7-2-10; 96-1275, eff. 7-26-10; revised 9-2-10.)
 

 

 

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1    (210 ILCS 9/55)
2    Sec. 55. Grounds for denial of a certificate license. An
3application for a certificate license may be denied for any of
4the following reasons:
5        (1) failure to meet any of the standards set forth in
6    this Act or by rules adopted by the Department under this
7    Act;
8        (2) conviction of the applicant, or if the applicant is
9    a firm, partnership, or association, of any of its members,
10    or if a corporation, the conviction of the corporation or
11    any of its officers or stockholders, or of the person
12    designated to manage or supervise the establishment, of a
13    felony or of 2 or more misdemeanors involving moral
14    turpitude during the previous 5 years as shown by a
15    certified copy of the record of the court of conviction;
16        (3) personnel insufficient in number or unqualified by
17    training or experience to properly care for the residents;
18        (4) insufficient financial or other resources to
19    operate and conduct the establishment in accordance with
20    standards adopted by the Department under this Act;
21        (5) revocation of a certificate or license during the
22    previous 5 years, if such prior certificate or license was
23    issued to the individual applicant, a controlling owner or
24    controlling combination of owners of the applicant; or any
25    affiliate of the individual applicant or controlling owner
26    of the applicant and such individual applicant,

 

 

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1    controlling owner of the applicant or affiliate of the
2    applicant was a controlling owner of the prior certificate
3    or license; provided, however, that the denial of an
4    application for a certificate license pursuant to this
5    Section must be supported by evidence that the prior
6    revocation renders the applicant unqualified or incapable
7    of meeting or maintaining an establishment in accordance
8    with the standards and rules adopted by the Department
9    under this Act; or
10        (6) the establishment is not under the direct
11    supervision of a full-time director, as defined by rule.
12    The Department shall deny an application for a certificate
13license if 6 months after submitting its initial application
14the applicant has not provided the Department with all of the
15information required for review and approval or the applicant
16is not actively pursuing the processing of its application. In
17addition, the Department shall determine whether the applicant
18has violated any provision of the Nursing Home Care Act or the
19MR/DD Community Care Act.
20(Source: P.A. 96-339, eff. 7-1-10.)
 
21    (210 ILCS 9/60)
22    Sec. 60. Notice of denial; request for hearing; hearing.
23    (a) Immediately upon the denial of any application or
24reapplication for a certificate license under this Act, the
25Department shall notify the applicant in writing. Notice of

 

 

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1denial shall include a clear and concise statement of the
2violations of this Act on which the denial is based and notice
3of the opportunity for a hearing. If the applicant or the
4holder of a certificate licensee wishes to contest the denial
5of a certificate license, it shall provide written notice to
6the Department of a request for a hearing within 10 days after
7receipt of the notice of denial. The Department shall commence
8a hearing under this Section.
9    (b) A request for a hearing by aggrieved persons shall be
10taken to the Department as follows:
11        (1) Upon the receipt of a request in writing for a
12    hearing, the Director or a person designated in writing by
13    the Director to act as a hearing officer shall conduct a
14    hearing to review the decision.
15        (2) Before the hearing is held notice of the hearing
16    shall be sent by the Department to the person making the
17    request for the hearing and to the person making the
18    decision which is being reviewed. In the notice the
19    Department shall specify the date, time, and place of the
20    hearing, which shall be held not less than 10 days after
21    the notice is mailed or delivered. The notice shall
22    designate the decision being reviewed. The notice may be
23    served by delivering it personally to the parties or their
24    representatives or by mailing it by certified mail to the
25    parties' addresses.
26        (3) The Department shall commence the hearing within 30

 

 

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1    days after the receipt of request for hearing. The hearing
2    shall proceed as expeditiously as practicable, but in all
3    cases shall conclude within 90 days after commencement.
4    (c) The Director or hearing officer shall permit any party
5to appear in person and to be represented by counsel at the
6hearing, at which time the applicant or the holder of a
7certificate licensee shall be afforded an opportunity to
8present all relevant matter in support of his or her position.
9In the event of the inability of any party or the Department to
10procure the attendance of witnesses to give testimony or
11produce books and papers, any party or the Department may take
12the deposition of witnesses in accordance with the provisions
13of the laws of this State. All testimony shall be reduced to
14writing, and all testimony and other evidence introduced at the
15hearing shall be a part of the record of the hearing.
16    (d) The Director or hearing officer shall make findings of
17fact in the hearing, and the Director shall render his or her
18decision within 30 days after the termination of the hearing,
19unless additional time not to exceed 90 days is required by him
20or her for a proper disposition of the matter. When the hearing
21has been conducted by a hearing officer, the Director shall
22review the record and findings of fact before rendering a
23decision. All decisions rendered by the Director shall be
24binding upon and complied with by the Department, the
25establishment, or the persons involved in the hearing, as
26appropriate to each case.

 

 

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1(Source: P.A. 91-656, eff. 1-1-01.)
 
2    (210 ILCS 9/65)
3    Sec. 65. Revocation, suspension, or refusal to renew
4certificate license.
5    (a) The Department, after notice to the applicant or the
6holder of a certificate licensee, may suspend, revoke, or
7refuse to renew a certificate license in any case in which the
8Department finds any of the following:
9        (1) that there has been a substantial failure to comply
10    with this Act or the rules promulgated by the Department
11    under this Act;
12        (2) that there has been a conviction of the the holder
13    of a certificate licensee, or of the person designated to
14    manage or supervise the establishment, of a felony or of 2
15    or more misdemeanors involving moral turpitude during the
16    previous 5 years as shown by a certified copy of the record
17    of the court of conviction;
18        (3) that the personnel is insufficient in number or
19    unqualified by training or experience to properly care for
20    the number and type of residents served by the
21    establishment;
22        (4) that the financial or other resources are
23    insufficient to conduct and operate the establishment in
24    accordance with standards promulgated by the Department
25    under this Act; or

 

 

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1        (5) that the establishment is not under the direct
2    supervision of a full-time director, as defined by rule.
3    (b) Notice under this Section shall include a clear and
4concise statement of the violations on which the nonrenewal or
5revocation is based, the statute or rule violated, and notice
6of the opportunity for a hearing under Section 60.
7    (c) If an establishment desires to contest the nonrenewal
8or revocation of a certificate license, the establishment
9shall, within 10 days after receipt of notice under subsection
10(b) of this Section, notify the Department in writing of its
11request for a hearing under Section 60. Upon receipt of the
12request the Department shall send notice to the establishment
13and hold a hearing as provided under Section 60.
14    (d) The effective date of nonrenewal or revocation of a
15certificate license by the Department shall be any of the
16following:
17        (1) until otherwise ordered by the circuit court,
18    revocation is effective on the date set by the Department
19    in the notice of revocation, or upon final action after
20    hearing under Section 60, whichever is later;
21        (2) until otherwise ordered by the circuit court,
22    nonrenewal is effective on the date of expiration of any
23    existing certificate or license, or upon final action after
24    hearing under Section 60, whichever is later; however, a
25    certificate or license shall not be deemed to have expired
26    if the Department fails to timely respond to a timely

 

 

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1    request for renewal under this Act or for a hearing to
2    contest nonrenewal; or
3        (3) the Department may extend the effective date of
4    certificate license revocation or expiration in any case in
5    order to permit orderly removal and relocation of
6    residents.
7    (e) The Department may refuse to issue or may suspend the
8certificate license of any person who fails to file a return,
9or to pay the tax, penalty or interest shown in a filed return,
10or to pay any final assessment of tax, penalty or interest, as
11required by any tax Act administered by the Illinois Department
12of Revenue, until such time as the requirements of any such tax
13Act are satisfied.
14(Source: P.A. 91-656, eff. 1-1-01.)
 
15    (210 ILCS 9/75)
16    Sec. 75. Residency Requirements.
17    (a) No individual shall be accepted for residency or remain
18in residence if the establishment cannot provide or secure
19appropriate services, if the individual requires a level of
20service or type of service for which the establishment is not
21certificated licensed or which the establishment does not
22provide, or if the establishment does not have the staff
23appropriate in numbers and with appropriate skill to provide
24such services.
25    (b) Only adults may be accepted for residency.

 

 

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1    (c) A person shall not be accepted for residency if:
2        (1) the person poses a serious threat to himself or
3    herself or to others;
4        (2) the person is not able to communicate his or her
5    needs and no resident representative residing in the
6    establishment, and with a prior relationship to the person,
7    has been appointed to direct the provision of services;
8        (3) the person requires total assistance with 2 or more
9    activities of daily living;
10        (4) the person requires the assistance of more than one
11    paid caregiver at any given time with an activity of daily
12    living;
13        (5) the person requires more than minimal assistance in
14    moving to a safe area in an emergency;
15        (6) the person has a severe mental illness, which for
16    the purposes of this Section means a condition that is
17    characterized by the presence of a major mental disorder as
18    classified in the Diagnostic and Statistical Manual of
19    Mental Disorders, Fourth Edition (DSM-IV) (American
20    Psychiatric Association, 1994), where the individual is
21    substantially disabled due to mental illness in the areas
22    of self-maintenance, social functioning, activities of
23    community living and work skills, and the disability
24    specified is expected to be present for a period of not
25    less than one year, but does not mean Alzheimer's disease
26    and other forms of dementia based on organic or physical

 

 

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1    disorders;
2        (7) the person requires intravenous therapy or
3    intravenous feedings unless self-administered or
4    administered by a qualified, licensed health care
5    professional;
6        (8) the person requires gastrostomy feedings unless
7    self-administered or administered by a licensed health
8    care professional;
9        (9) the person requires insertion, sterile irrigation,
10    and replacement of catheter, except for routine
11    maintenance of urinary catheters, unless the catheter care
12    is self-administered or administered by a licensed health
13    care professional;
14        (10) the person requires sterile wound care unless care
15    is self-administered or administered by a licensed health
16    care professional;
17        (11) the person requires sliding scale insulin
18    administration unless self-performed or administered by a
19    licensed health care professional;
20        (12) the person is a diabetic requiring routine insulin
21    injections unless the injections are self-administered or
22    administered by a licensed health care professional;
23        (13) the person requires treatment of stage 3 or stage
24    4 decubitus ulcers or exfoliative dermatitis;
25        (14) the person requires 5 or more skilled nursing
26    visits per week for conditions other than those listed in

 

 

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1    items (13) and (15) of this subsection for a period of 3
2    consecutive weeks or more except when the course of
3    treatment is expected to extend beyond a 3 week period for
4    rehabilitative purposes and is certified as temporary by a
5    physician; or
6        (15) other reasons prescribed by the Department by
7    rule.
8    (d) A resident with a condition listed in items (1) through
9(15) of subsection (c) shall have his or her residency
10terminated.
11    (e) Residency shall be terminated when services available
12to the resident in the establishment are no longer adequate to
13meet the needs of the resident. This provision shall not be
14interpreted as limiting the authority of the Department to
15require the residency termination of individuals.
16    (f) Subsection (d) of this Section shall not apply to
17terminally ill residents who receive or would qualify for
18hospice care and such care is coordinated by a hospice program
19licensed under the Hospice Program Licensing Act or other
20licensed health care professional employed by a licensed home
21health agency and the establishment and all parties agree to
22the continued residency.
23    (g) Items (3), (4), (5), and (9) of subsection (c) shall
24not apply to a quadriplegic, paraplegic, or individual with
25neuro-muscular diseases, such as muscular dystrophy and
26multiple sclerosis, or other chronic diseases and conditions as

 

 

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1defined by rule if the individual is able to communicate his or
2her needs and does not require assistance with complex medical
3problems, and the establishment is able to accommodate the
4individual's needs. The Department shall prescribe rules
5pursuant to this Section that address special safety and
6service needs of these individuals.
7    (h) For the purposes of items (7) through (10) of
8subsection (c), a licensed health care professional may not be
9employed by the owner or operator of the establishment, its
10parent entity, or any other entity with ownership common to
11either the owner or operator of the establishment or parent
12entity, including but not limited to an affiliate of the owner
13or operator of the establishment. Nothing in this Section is
14meant to limit a resident's right to choose his or her health
15care provider.
16    (i) Subsection (h) is not applicable to residents admitted
17to an assisted living establishment under a life care contract
18as defined in the Life Care Facilities Act if the life care
19facility has both an assisted living establishment and a
20skilled nursing facility. A licensed health care professional
21providing health-related or supportive services at a life care
22assisted living or shared housing establishment must be
23employed by an entity licensed by the Department under the
24Nursing Home Care Act or the Home Health, Home Services, and
25Home Nursing Agency Licensing Act.
26(Source: P.A. 94-256, eff. 7-19-05; 94-570, eff. 8-12-05;

 

 

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195-216, eff. 8-16-07; 95-331, eff. 8-21-07.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".