Full Text of HB0700 94th General Assembly
HB0700 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0700
Introduced 02/01/05, by Rep. Joseph M. Lyons - William Delgado - Kevin Joyce - Elizabeth Coulson - John D'Amico SYNOPSIS AS INTRODUCED: |
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210 ILCS 9/70 |
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210 ILCS 9/75 |
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210 ILCS 9/90 |
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Amends the Assisted Living and Shared Housing Act. Provides that "medication administration" refers to a licensed health care professional engaging in administering insulin and vitamin B-12 injections (instead of "routine" insulin and vitamin B-12 injections). From the list of purposes for which an assisted living or shared housing establishment may not may not employ a licensed health care professional, eliminates the purpose concerning a person who requires sliding scale insulin administration unless
self-performed or
administered by a licensed health care professional. Provides that an assisted living or shared housing establishment contract must include a statement outlining whether the establishment charges a community fee and, if so, the amount of the fee and whether it is refundable. Provides that 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. Effective immediately.
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A BILL FOR
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HB0700 |
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LRB094 04956 DRJ 37832 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Assisted Living and Shared Housing Act is | 5 |
| amended by changing Sections 70, 75, and 90 as follows:
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| (210 ILCS 9/70)
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| Sec. 70. Service requirements. An
establishment must
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| provide all mandatory services and may provide optional | 9 |
| services, including
medication reminders, supervision of | 10 |
| self-administered medication and
medication administration as
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| defined by this Section
and nonmedical services defined by | 12 |
| rule, whether provided directly by the
establishment or by | 13 |
| another
entity arranged for by the establishment with the | 14 |
| consent of the resident or
the resident's
representative.
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| For the purposes of this Section, "medication reminders" | 16 |
| means reminding
residents to take pre-dispensed, | 17 |
| self-administered medication, observing the
resident, and | 18 |
| documenting whether or not the resident took the medication.
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| For the purposes of this Section, "supervision of | 20 |
| self-administered
medication" means assisting the resident | 21 |
| with self-administered medication
using any combination of the | 22 |
| following: reminding residents to take medication,
reading the | 23 |
| medication label to residents, checking the self-administered
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| medication dosage against the label of the medication, | 25 |
| confirming that
residents have obtained and are taking the | 26 |
| dosage as prescribed, and
documenting in writing that the | 27 |
| resident has taken (or refused to take) the
medication. If | 28 |
| residents are physically unable to open the container, the
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| container may be opened for them. Supervision of | 30 |
| self-administered medication
shall be under the direction of a | 31 |
| licensed health care professional.
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| For the purposes of this Section, "medication |
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LRB094 04956 DRJ 37832 b |
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| administration" refers to a
licensed health care professional | 2 |
| employed by an establishment engaging in
administering routine | 3 |
| insulin and vitamin B-12 injections,
oral medications,
topical | 4 |
| treatments, eye and ear drops, or
nitroglycerin patches.
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| Non-licensed staff may not administer any medication.
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| The Department shall specify by rule procedures for | 7 |
| medication reminders,
supervision of self-administered | 8 |
| medication, and medication administration.
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| Nothing in this Act shall preclude a physician licensed to | 10 |
| practice medicine
in all its branches from providing services | 11 |
| to any resident.
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| (Source: P.A. 91-656, eff. 1-1-01.)
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| (210 ILCS 9/75)
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| Sec. 75. Residency Requirements.
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| (a) No individual shall be accepted for residency or remain | 16 |
| in residence if
the
establishment cannot provide or secure | 17 |
| appropriate
services, if the individual
requires a level of | 18 |
| service or type of service for which the establishment is
not | 19 |
| licensed or
which the establishment does not provide, or if the | 20 |
| establishment does not have
the staff
appropriate in numbers | 21 |
| and with appropriate skill to provide such services.
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| (b) Only adults may be accepted for residency.
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| (c) A person shall not be accepted for residency if:
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| (1) the person poses a serious threat to himself or | 25 |
| herself or to others;
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| (2) the person is not able to communicate his or her | 27 |
| needs and no
resident representative
residing in the | 28 |
| establishment, and with a prior relationship to the person,
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| has been appointed to direct the provision of
services;
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| (3) the person requires total assistance with 2 or more | 31 |
| activities of
daily
living;
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| (4) the person requires the assistance of more than one | 33 |
| paid caregiver at
any given time
with an activity of daily | 34 |
| living;
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| (5) the person requires more than minimal assistance in |
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LRB094 04956 DRJ 37832 b |
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| moving to a safe
area in an
emergency;
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| (6) the person has a severe mental illness, which for | 3 |
| the purposes of
this Section
means a condition that is | 4 |
| characterized by the presence of a major mental
disorder
as | 5 |
| classified in the Diagnostic and Statistical Manual of | 6 |
| Mental Disorders,
Fourth
Edition (DSM-IV) (American | 7 |
| Psychiatric Association, 1994), where the individual
is | 8 |
| substantially disabled due to mental illness in the areas | 9 |
| of
self-maintenance,
social functioning, activities of | 10 |
| community living and work skills, and the
disability
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| specified is expected to be present for a period of not | 12 |
| less than one year, but
does not
mean Alzheimer's disease | 13 |
| and other forms of dementia based on organic or
physical | 14 |
| disorders;
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| (7) the person requires intravenous therapy or | 16 |
| intravenous feedings
unless self-administered or | 17 |
| administered by a qualified, licensed health care
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| professional;
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| (8) the person requires gastrostomy feedings unless | 20 |
| self-administered or
administered
by a licensed health | 21 |
| care professional;
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| (9) the person requires insertion, sterile irrigation, | 23 |
| and replacement of
catheter, except
for routine | 24 |
| maintenance of urinary catheters, unless the catheter care | 25 |
| is
self-administered or administered by a licensed health | 26 |
| care professional;
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| (10) the person requires sterile wound care unless care | 28 |
| is
self-administered or
administered by a licensed health | 29 |
| care professional;
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| (11) the person requires sliding scale insulin | 31 |
| administration unless
self-performed or
administered by a | 32 |
| licensed health care professional;
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| (12) the person is a diabetic requiring routine insulin | 34 |
| injections unless
the injections
are self-administered or | 35 |
| administered by a licensed health care professional;
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| (13) the person requires treatment of stage 3 or stage |
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LRB094 04956 DRJ 37832 b |
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| 4 decubitus ulcers
or exfoliative
dermatitis;
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| (14) the person requires 5 or more skilled nursing | 3 |
| visits per week for
conditions other
than those listed in | 4 |
| items (13) and (15) of this subsection for a
period of 3
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| consecutive weeks or more except when the course of | 6 |
| treatment is expected to
extend beyond a 3 week period for | 7 |
| rehabilitative purposes and is certified as
temporary by a | 8 |
| physician; or
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| (15) other reasons prescribed by the Department by | 10 |
| rule.
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| (d) A resident with a condition listed in items (1) through | 12 |
| (15) of
subsection (c) shall have
his or her residency | 13 |
| terminated.
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| (e) Residency shall be terminated when services available | 15 |
| to the resident
in
the establishment
are no longer adequate to | 16 |
| meet the needs of the resident. This provision shall
not
be | 17 |
| interpreted as
limiting the authority of the Department to | 18 |
| require the residency termination
of individuals.
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| (f) Subsection (d) of this Section shall not apply to
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| terminally
ill residents who
receive or would qualify for | 21 |
| hospice care and such care is coordinated by
a hospice licensed
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| under the Hospice
Program
Licensing Act or other licensed | 23 |
| health care professional employed by a
licensed home health
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| agency and the establishment and all parties agree to the | 25 |
| continued residency.
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| (g) Items (3), (4), (5), and (9) of subsection (c) shall | 27 |
| not apply to
a quadriplegic, paraplegic, or
individual with | 28 |
| neuro-muscular diseases, such as muscular dystrophy and
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| multiple
sclerosis, or other chronic diseases and conditions as | 30 |
| defined by rule if the
individual is able
to communicate his or | 31 |
| her needs and does not require assistance with complex
medical
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| problems, and the establishment is able to accommodate the | 33 |
| individual's needs.
The Department shall prescribe rules | 34 |
| pursuant to this Section that address
special safety and | 35 |
| service needs of these individuals.
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| (h) For the purposes of items (7) through (10)
(11) of |
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LRB094 04956 DRJ 37832 b |
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| subsection (c), a
licensed health care professional may not
be | 2 |
| employed by the owner or operator of the establishment, its | 3 |
| parent entity,
or any other entity with ownership common to | 4 |
| either the owner or operator of
the establishment or parent | 5 |
| entity, including but not limited to an affiliate
of the owner | 6 |
| or operator of the establishment. Nothing in this Section is
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| meant to limit a resident's right to
choose his or her health | 8 |
| care provider.
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| (Source: P.A. 93-141, eff. 7-10-03.)
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| (210 ILCS 9/90)
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| Sec. 90. Contents of service delivery contract. A contract | 12 |
| between an
establishment and a resident must be entitled | 13 |
| "assisted living
establishment
contract" or "shared housing | 14 |
| establishment contract" as applicable, shall be
printed in no | 15 |
| less
than 12 point type, and shall include at least the | 16 |
| following elements in the
body or through
supporting documents | 17 |
| or attachments:
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| (1) the name, street address, and mailing address of | 19 |
| the establishment;
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| (2) the name and mailing address of the owner or owners | 21 |
| of the
establishment and, if
the owner or owners are not | 22 |
| natural persons, the type of business entity of the
owner
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| or owners;
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| (3) the name and mailing address of the managing agent | 25 |
| of the
establishment, whether
hired under a management | 26 |
| agreement or lease agreement, if the managing agent is
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| different from the owner or owners;
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| (4) the name and address of at least one natural person | 29 |
| who is authorized
to accept
service on behalf of the owners | 30 |
| and managing agent;
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| (5) a statement describing the license status of the | 32 |
| establishment and the
license status
of all providers of | 33 |
| health-related or supportive services to a resident under
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| arrangement with the establishment;
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| (6) the duration of the contract;
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LRB094 04956 DRJ 37832 b |
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| (7) the base rate to be paid by the resident and a | 2 |
| description of the
services to be
provided as part of this | 3 |
| rate;
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| (8) a description of any additional services to be | 5 |
| provided for an
additional fee by the
establishment | 6 |
| directly or by a third party provider under arrangement | 7 |
| with the
establishment;
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| (9) the fee schedules outlining the cost of any | 9 |
| additional services;
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| (10) a description of the process through which the | 11 |
| contract may be
modified, amended,
or terminated;
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| (11) a description of the establishment's complaint | 13 |
| resolution process
available to
residents and notice of the | 14 |
| availability of the Department on Aging's Senior
Helpline
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| for
complaints;
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| (12) the name of the resident's designated | 17 |
| representative, if any;
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| (13) the resident's obligations in order to maintain | 19 |
| residency and
receive
services including compliance with | 20 |
| all assessments required under Section 15;
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| (14) the billing and payment procedures and | 22 |
| requirements;
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| (15) a statement affirming the resident's freedom to | 24 |
| receive services from
service
providers with whom the | 25 |
| establishment does not have a contractual arrangement,
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| which may also disclaim liability on the part of the
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| establishment for those services;
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| (16) a statement that medical assistance under Article | 29 |
| V or Article VI of
the Illinois
Public Aid Code is not | 30 |
| available for payment for services provided in an
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| establishment, excluding contracts executed with residents | 32 |
| residing in licensed establishments participating in the | 33 |
| Department on Aging's Comprehensive Care in Residential | 34 |
| Settings Demonstration Project;
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| (17) a statement detailing the admission, risk | 36 |
| management, and residency
termination
criteria and |
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HB0700 |
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LRB094 04956 DRJ 37832 b |
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| procedures;
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| (18) a statement listing the rights specified in | 3 |
| Section 95 and
acknowledging that, by contracting with the | 4 |
| assisted
living or shared
housing establishment, the | 5 |
| resident does not forfeit those rights; and
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| (19) a statement detailing the Department's annual | 7 |
| on-site review process
including
what documents contained | 8 |
| in a resident's personal file shall be reviewed by
the | 9 |
| on-site reviewer as defined by rule ; and . | 10 |
| (20) a statement outlining whether the establishment | 11 |
| charges a community fee and, if so, the amount of the fee | 12 |
| and whether it is refundable; if the fee is refundable, the | 13 |
| contract must describe the conditions under which it is | 14 |
| refundable and how the amount of the refund is determined.
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| (Source: P.A. 93-775, eff. 1-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
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