Full Text of HB4143 95th General Assembly
HB4143 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4143
Introduced , by Rep. Kathleen A. Ryg SYNOPSIS AS INTRODUCED: |
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210 ILCS 9/30 |
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210 ILCS 9/45 |
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Amends the Assisted Living and Shared Housing Act. Provides that for assisted living or shared housing establishments granted a 2-year license, the Department of Public Health shall conduct an on-site review every 2 years (instead of annually). Requires revocation of a 2-year license and replacement with a one-year license if a licensee has admitted or retained a resident in violation of provisions of the Act concerning residency requirements in the preceding 24 months. Effective immediately.
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A BILL FOR
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HB4143 |
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LRB095 13790 DRJ 39542 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 30 and 45 as follows:
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| (210 ILCS 9/30)
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| Sec. 30. Licensing.
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| (a) The Department, in consultation with the Advisory | 9 |
| Board, shall
establish
by rule forms,
procedures, and fees for | 10 |
| the annual licensing of assisted living and shared
housing
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| establishments; shall establish and enforce sanctions and | 12 |
| penalties for
operating in violation
of this Act, as provided | 13 |
| in Section 135 of this Act and rules
adopted under
Section 110 | 14 |
| of this Act. The Department shall conduct an annual on-site
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| review
for
each
establishment covered by this Act, except for | 16 |
| those establishments granted a 2-year license as provided in | 17 |
| Section 45. For those establishments granted a 2-year license, | 18 |
| the Department shall conduct an on-site review every 2 years. | 19 |
| The on-site review
which shall include, but not be limited to,
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| compliance with
this Act and rules adopted hereunder, focus on | 21 |
| solving resident issues
and concerns,
and the quality | 22 |
| improvement process implemented by the establishment to | 23 |
| address
resident
issues. The quality improvement process |
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HB4143 |
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LRB095 13790 DRJ 39542 b |
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| implemented by the establishment must
benchmark performance, | 2 |
| be customer centered, be data driven, and focus on
resident
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| satisfaction.
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| (b) An establishment shall provide the following | 5 |
| information to the
Department
to be considered for licensure:
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| (1) the business name, street address, mailing | 7 |
| address, and telephone
number of the
establishment;
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| (2) the name and mailing address of the owner or owners | 9 |
| of the
establishment and if the
owner or owners are not | 10 |
| natural persons, identification of the type of
business | 11 |
| entity
of the owners, and the names and addresses of the | 12 |
| officers and members of the
governing body, or comparable | 13 |
| persons for partnerships, limited liability
companies, or | 14 |
| other types of business organizations;
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| (3) financial information, content and form to be | 16 |
| determined by rules
which may provide different standards | 17 |
| for assisted living establishments and
shared housing | 18 |
| establishments,
establishing that the project is | 19 |
| financially feasible;
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| (4) the name and mailing address of the managing agent | 21 |
| of the
establishment, whether
hired under a management | 22 |
| agreement or lease agreement, if different from the
owner | 23 |
| or owners, and the name of the full-time director;
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| (5) verification that the establishment has entered or | 25 |
| will enter into a
service delivery
contract as provided in | 26 |
| Section 90, as required under this Act, with each
resident |
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HB4143 |
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LRB095 13790 DRJ 39542 b |
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| or
resident's representative;
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| (6) the name and address of at least one natural person | 3 |
| who shall be
responsible for
dealing with the Department on | 4 |
| all matters provided for in this Act, on whom
personal | 5 |
| service of all notices and orders shall be made, and who | 6 |
| shall be
authorized
to accept service on behalf of the | 7 |
| owner or owners and the managing agent.
Notwithstanding a | 8 |
| contrary provision of the Code of Civil Procedure, personal
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| service on the person identified pursuant to this | 10 |
| subsection shall be
considered
service on the owner or | 11 |
| owners and the managing agent, and it shall not be a
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| defense to any action that personal service was not made on | 13 |
| each individual or
entity;
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| (7) the signature of the authorized representative of | 15 |
| the owner or
owners;
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| (8) proof of an ongoing quality improvement program in | 17 |
| accordance with
rules adopted
by the Department in | 18 |
| collaboration with the Advisory Board;
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| (9) information about the number and types of units, | 20 |
| the maximum census,
and the
services to be provided at the | 21 |
| establishment, proof of compliance with
applicable
State | 22 |
| and local residential standards, and a copy of the standard | 23 |
| contract
offered to
residents;
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| (10) documentation of adequate liability insurance; | 25 |
| and
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| (11) other information necessary to determine the |
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LRB095 13790 DRJ 39542 b |
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| identity and
qualifications of an
applicant or licensee to | 2 |
| operate an
establishment in
accordance with this Act as | 3 |
| required by the Department by rule.
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| (c) The information in the statement of ownership shall be | 5 |
| public
information and shall be
available from the Department.
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| (Source: P.A. 91-656, eff. 1-1-01.)
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| (210 ILCS 9/45)
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| Sec. 45. Renewal of licenses. At least 120 days, but not | 9 |
| more than 150
days prior to license
expiration, the licensee | 10 |
| shall submit an application for renewal of the license
in such | 11 |
| form
and containing such information as the Department | 12 |
| requires. If the application
is approved, and if the licensee | 13 |
| (i) has not committed a Type 1 violation in the preceding 24 | 14 |
| months, (ii) has not committed a Type 2 violation in the | 15 |
| preceding 24 months, (iii) has not had an inspection, review, | 16 |
| or evaluation that resulted in a finding of 10 or more Type 3 | 17 |
| violations in the preceding 24 months, and (iv) the licensee | 18 |
| has not admitted or retained a resident in violation of Section | 19 |
| 75 of this Act in the preceding 24 months, the Department may | 20 |
| renew the license for an additional period of 2 years. If a | 21 |
| licensee whose license has been renewed for 2 years under this | 22 |
| Section subsequently fails to meet any of the conditions set | 23 |
| forth in items (i), (ii), and (iii), and (iv), then, in | 24 |
| addition to any other sanctions that the Department may impose | 25 |
| under this Act, the Department shall revoke the 2-year license |
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LRB095 13790 DRJ 39542 b |
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| and replace it with a one-year license until the licensee again | 2 |
| meets all of the conditions set forth in items (i), (ii), and | 3 |
| (iii) , and (iv) . If appropriate,
the renewal
application shall | 4 |
| not be approved unless the applicant has provided to the
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| Department an
accurate disclosure document in accordance with | 6 |
| the Alzheimer's Special Care
Disclosure
Act. If the application | 7 |
| for renewal is not timely filed, the Department shall
so inform | 8 |
| the
licensee.
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| (Source: P.A. 95-590, eff. 9-10-07.)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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