Full Text of SB1907 96th General Assembly
SB1907sam001 96TH GENERAL ASSEMBLY
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Sen. James F. Clayborne Jr.
Filed: 3/17/2009
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| AMENDMENT TO SENATE BILL 1907
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| AMENDMENT NO. ______. Amend Senate Bill 1907 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Health Facilities Planning Act is | 5 |
| amended by changing Section 3 as follows:
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| (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
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| (Section scheduled to be repealed on July 1, 2009)
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| Sec. 3. Definitions. As used in this Act:
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| "Health care facilities" means and includes
the following | 10 |
| facilities and organizations:
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| 1. An ambulatory surgical treatment center required to | 12 |
| be licensed
pursuant to the Ambulatory Surgical Treatment | 13 |
| Center Act;
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| 2. An institution, place, building, or agency required | 15 |
| to be licensed
pursuant to the Hospital Licensing Act;
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| 3. Skilled and intermediate long term care facilities |
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| licensed under the
Nursing
Home Care Act;
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| 4. Hospitals, nursing homes, ambulatory surgical | 3 |
| treatment centers, or
kidney disease treatment centers
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| maintained by the State or any department or agency | 5 |
| thereof;
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| 5. Kidney disease treatment centers, including a | 7 |
| free-standing
hemodialysis unit required to be licensed | 8 |
| under the End Stage Renal Disease Facility Act; and
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| 6. An institution, place, building, or room used for | 10 |
| the performance of
outpatient surgical procedures that is | 11 |
| leased, owned, or operated by or on
behalf of an | 12 |
| out-of-state facility.
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| This Act shall not apply to the construction of any new | 14 |
| facility or the renovation of any existing facility located on | 15 |
| any campus facility as defined in Section 5-5.8b of the | 16 |
| Illinois Public Aid Code, provided that the campus facility | 17 |
| encompasses 30 or more contiguous acres and that the new or | 18 |
| renovated facility is intended for use by a licensed | 19 |
| residential facility. | 20 |
| No federally owned facility shall be subject to the | 21 |
| provisions of this
Act, nor facilities used solely for healing | 22 |
| by prayer or spiritual means.
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| No facility licensed under the Supportive Residences | 24 |
| Licensing Act or the
Assisted Living and Shared Housing Act
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| shall be subject to the provisions of this Act.
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| A facility designated as a supportive living facility that |
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| is in good
standing with the program
established under Section | 2 |
| 5-5.01a of
the Illinois Public Aid Code or a facility that is | 3 |
| in good standing with the Affordable Alzheimer's Demonstration | 4 |
| Project established under Section 5-5.01b of that Code shall | 5 |
| not be subject to the provisions of this
Act.
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| This Act does not apply to facilities granted waivers under | 7 |
| Section 3-102.2
of the Nursing Home Care Act. However, if a | 8 |
| demonstration project under that
Act applies for a certificate
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| of need to convert to a nursing facility, it shall meet the | 10 |
| licensure and
certificate of need requirements in effect as of | 11 |
| the date of application. | 12 |
| This Act does not apply to a dialysis facility that | 13 |
| provides only dialysis training, support, and related services | 14 |
| to individuals with end stage renal disease who have elected to | 15 |
| receive home dialysis. This Act does not apply to a dialysis | 16 |
| unit located in a licensed nursing home that offers or provides | 17 |
| dialysis-related services to residents with end stage renal | 18 |
| disease who have elected to receive home dialysis within the | 19 |
| nursing home. The Board, however, may require these dialysis | 20 |
| facilities and licensed nursing homes to report statistical | 21 |
| information on a quarterly basis to the Board to be used by the | 22 |
| Board to conduct analyses on the need for proposed kidney | 23 |
| disease treatment centers.
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| This Act shall not apply to the closure of an entity or a | 25 |
| portion of an
entity licensed under the Nursing Home Care Act, | 26 |
| with the exceptions of facilities operated by a county or |
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| Illinois Veterans Homes, that elects to convert, in
whole or in | 2 |
| part, to an assisted living or shared housing establishment
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| licensed under the Assisted Living and Shared Housing Act.
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| This Act does not apply to any change of ownership of a | 5 |
| healthcare facility that is licensed under the Nursing Home | 6 |
| Care Act, with the exceptions of facilities operated by a | 7 |
| county or Illinois Veterans Homes. Changes of ownership of | 8 |
| facilities licensed under the Nursing Home Care Act must meet | 9 |
| the requirements set forth in Sections 3-101 through 3-119 of | 10 |
| the Nursing Home Care Act.
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| With the exception of those health care facilities | 12 |
| specifically
included in this Section, nothing in this Act | 13 |
| shall be intended to
include facilities operated as a part of | 14 |
| the practice of a physician or
other licensed health care | 15 |
| professional, whether practicing in his
individual capacity or | 16 |
| within the legal structure of any partnership,
medical or | 17 |
| professional corporation, or unincorporated medical or
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| professional group. Further, this Act shall not apply to | 19 |
| physicians or
other licensed health care professional's | 20 |
| practices where such practices
are carried out in a portion of | 21 |
| a health care facility under contract
with such health care | 22 |
| facility by a physician or by other licensed
health care | 23 |
| professionals, whether practicing in his individual capacity
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| or within the legal structure of any partnership, medical or
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| professional corporation, or unincorporated medical or | 26 |
| professional
groups. This Act shall apply to construction or
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| modification and to establishment by such health care facility | 2 |
| of such
contracted portion which is subject to facility | 3 |
| licensing requirements,
irrespective of the party responsible | 4 |
| for such action or attendant
financial obligation.
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| "Person" means any one or more natural persons, legal | 6 |
| entities,
governmental bodies other than federal, or any | 7 |
| combination thereof.
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| "Consumer" means any person other than a person (a) whose | 9 |
| major
occupation currently involves or whose official capacity | 10 |
| within the last
12 months has involved the providing, | 11 |
| administering or financing of any
type of health care facility, | 12 |
| (b) who is engaged in health research or
the teaching of | 13 |
| health, (c) who has a material financial interest in any
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| activity which involves the providing, administering or | 15 |
| financing of any
type of health care facility, or (d) who is or | 16 |
| ever has been a member of
the immediate family of the person | 17 |
| defined by (a), (b), or (c).
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| "State Board" means the Health Facilities Planning Board.
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| "Construction or modification" means the establishment, | 20 |
| erection,
building, alteration, reconstruction, modernization, | 21 |
| improvement,
extension, discontinuation, change of ownership, | 22 |
| of or by a health care
facility, or the purchase or acquisition | 23 |
| by or through a health care facility
of
equipment or service | 24 |
| for diagnostic or therapeutic purposes or for
facility | 25 |
| administration or operation, or any capital expenditure made by
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| or on behalf of a health care facility which
exceeds the |
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| capital expenditure minimum; however, any capital expenditure
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| made by or on behalf of a health care facility for (i) the | 3 |
| construction or
modification of a facility licensed under the | 4 |
| Assisted Living and Shared
Housing Act or (ii) a conversion | 5 |
| project undertaken in accordance with Section 30 of the Older | 6 |
| Adult Services Act shall be excluded from any obligations under | 7 |
| this Act.
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| "Establish" means the construction of a health care | 9 |
| facility or the
replacement of an existing facility on another | 10 |
| site.
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| "Major medical equipment" means medical equipment which is | 12 |
| used for the
provision of medical and other health services and | 13 |
| which costs in excess
of the capital expenditure minimum, | 14 |
| except that such term does not include
medical equipment | 15 |
| acquired
by or on behalf of a clinical laboratory to provide | 16 |
| clinical laboratory
services if the clinical laboratory is | 17 |
| independent of a physician's office
and a hospital and it has | 18 |
| been determined under Title XVIII of the Social
Security Act to | 19 |
| meet the requirements of paragraphs (10) and (11) of Section
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| 1861(s) of such Act. In determining whether medical equipment | 21 |
| has a value
in excess of the capital expenditure minimum, the | 22 |
| value of studies, surveys,
designs, plans, working drawings, | 23 |
| specifications, and other activities
essential to the | 24 |
| acquisition of such equipment shall be included.
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| "Capital Expenditure" means an expenditure: (A) made by or | 26 |
| on behalf of
a health care facility (as such a facility is |
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| defined in this Act); and
(B) which under generally accepted | 2 |
| accounting principles is not properly
chargeable as an expense | 3 |
| of operation and maintenance, or is made to obtain
by lease or | 4 |
| comparable arrangement any facility or part thereof or any
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| equipment for a facility or part; and which exceeds the capital | 6 |
| expenditure
minimum.
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| For the purpose of this paragraph, the cost of any studies, | 8 |
| surveys, designs,
plans, working drawings, specifications, and | 9 |
| other activities essential
to the acquisition, improvement, | 10 |
| expansion, or replacement of any plant
or equipment with | 11 |
| respect to which an expenditure is made shall be included
in | 12 |
| determining if such expenditure exceeds the capital | 13 |
| expenditures minimum.
Donations of equipment
or facilities to a | 14 |
| health care facility which if acquired directly by such
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| facility would be subject to review under this Act shall be | 16 |
| considered capital
expenditures, and a transfer of equipment or | 17 |
| facilities for less than fair
market value shall be considered | 18 |
| a capital expenditure for purposes of this
Act if a transfer of | 19 |
| the equipment or facilities at fair market value would
be | 20 |
| subject to review.
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| "Capital expenditure minimum" means $6,000,000, which | 22 |
| shall be annually
adjusted to reflect the increase in | 23 |
| construction costs due to inflation, for major medical | 24 |
| equipment and for all other
capital expenditures; provided, | 25 |
| however, that when a capital expenditure is
for the | 26 |
| construction or modification of a health and fitness center, |
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| "capital
expenditure minimum" means the capital expenditure | 2 |
| minimum for all other
capital expenditures in effect on March | 3 |
| 1, 2000, which shall be annually
adjusted to reflect the | 4 |
| increase in construction costs due to inflation.
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| "Non-clinical service area" means an area (i) for the | 6 |
| benefit of the
patients, visitors, staff, or employees of a | 7 |
| health care facility and (ii) not
directly related to the | 8 |
| diagnosis, treatment, or rehabilitation of persons
receiving | 9 |
| services from the health care facility. "Non-clinical service | 10 |
| areas"
include, but are not limited to, chapels; gift shops; | 11 |
| news stands; computer
systems; tunnels, walkways, and | 12 |
| elevators; telephone systems; projects to
comply with life | 13 |
| safety codes; educational facilities; student housing;
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| patient, employee, staff, and visitor dining areas; | 15 |
| administration and
volunteer offices; modernization of | 16 |
| structural components (such as roof
replacement and masonry | 17 |
| work); boiler repair or replacement; vehicle
maintenance and | 18 |
| storage facilities; parking facilities; mechanical systems for
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| heating, ventilation, and air conditioning; loading docks; and | 20 |
| repair or
replacement of carpeting, tile, wall coverings, | 21 |
| window coverings or treatments,
or furniture. Solely for the | 22 |
| purpose of this definition, "non-clinical service
area" does | 23 |
| not include health and fitness centers.
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| "Areawide" means a major area of the State delineated on a
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| geographic, demographic, and functional basis for health | 26 |
| planning and
for health service and having within it one or |
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| more local areas for
health planning and health service. The | 2 |
| term "region", as contrasted
with the term "subregion", and the | 3 |
| word "area" may be used synonymously
with the term "areawide".
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| "Local" means a subarea of a delineated major area that on | 5 |
| a
geographic, demographic, and functional basis may be | 6 |
| considered to be
part of such major area. The term "subregion" | 7 |
| may be used synonymously
with the term "local".
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| "Areawide health planning organization" or "Comprehensive | 9 |
| health
planning organization" means the health systems agency | 10 |
| designated by the
Secretary, Department of Health and Human | 11 |
| Services or any successor agency.
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| "Local health planning organization" means those local | 13 |
| health
planning organizations that are designated as such by | 14 |
| the areawide
health planning organization of the appropriate | 15 |
| area.
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| "Physician" means a person licensed to practice in | 17 |
| accordance with
the Medical Practice Act of 1987, as amended.
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| "Licensed health care professional" means a person | 19 |
| licensed to
practice a health profession under pertinent | 20 |
| licensing statutes of the
State of Illinois.
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| "Director" means the Director of the Illinois Department of | 22 |
| Public Health.
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| "Agency" means the Illinois Department of Public Health.
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| "Comprehensive health planning" means health planning | 25 |
| concerned with
the total population and all health and | 26 |
| associated problems that affect
the well-being of people and |
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| that encompasses health services, health
manpower, and health | 2 |
| facilities; and the coordination among these and
with those | 3 |
| social, economic, and environmental factors that affect | 4 |
| health.
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| "Alternative health care model" means a facility or program | 6 |
| authorized
under the Alternative Health Care Delivery Act.
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| "Out-of-state facility" means a person that is both (i) | 8 |
| licensed as a
hospital or as an ambulatory surgery center under | 9 |
| the laws of another state
or that
qualifies as a hospital or an | 10 |
| ambulatory surgery center under regulations
adopted pursuant | 11 |
| to the Social Security Act and (ii) not licensed under the
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| Ambulatory Surgical Treatment Center Act, the Hospital | 13 |
| Licensing Act, or the
Nursing Home Care Act. Affiliates of | 14 |
| out-of-state facilities shall be
considered out-of-state | 15 |
| facilities. Affiliates of Illinois licensed health
care | 16 |
| facilities 100% owned by an Illinois licensed health care | 17 |
| facility, its
parent, or Illinois physicians licensed to | 18 |
| practice medicine in all its
branches shall not be considered | 19 |
| out-of-state facilities. Nothing in
this definition shall be
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| construed to include an office or any part of an office of a | 21 |
| physician licensed
to practice medicine in all its branches in | 22 |
| Illinois that is not required to be
licensed under the | 23 |
| Ambulatory Surgical Treatment Center Act.
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| "Change of ownership of a health care facility" means a | 25 |
| change in the
person
who has ownership or
control of a health | 26 |
| care facility's physical plant and capital assets. A change
in |
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| ownership is indicated by
the following transactions: sale, | 2 |
| transfer, acquisition, lease, change of
sponsorship, or other | 3 |
| means of
transferring control.
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| "Related person" means any person that: (i) is at least 50% | 5 |
| owned, directly
or indirectly, by
either the health care | 6 |
| facility or a person owning, directly or indirectly, at
least | 7 |
| 50% of the health
care facility; or (ii) owns, directly or | 8 |
| indirectly, at least 50% of the
health care facility.
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| "Charity care" means care provided by a health care | 10 |
| facility for which the provider does not expect to receive | 11 |
| payment from the patient or a third-party payer. | 12 |
| "Freestanding emergency center" means a facility subject | 13 |
| to licensure under Section 32.5 of the Emergency Medical | 14 |
| Services (EMS) Systems Act. | 15 |
| (Source: P.A. 94-342, eff. 7-26-05; 95-331, eff. 8-21-07; | 16 |
| 95-543, eff. 8-28-07; 95-584, eff. 8-31-07; 95-727, eff. | 17 |
| 6-30-08; 95-876, eff. 8-21-08.)
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| Section 10. The Nursing Home Care Act is amended by | 19 |
| changing Section 1-113 as follows:
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| (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
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| Sec. 1-113. "Facility" or "long-term care facility" means a | 22 |
| private home,
institution, building, residence, or any other | 23 |
| place, whether operated for
profit or not, or a county home for | 24 |
| the infirm and chronically ill operated
pursuant to Division |
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| 5-21 or 5-22 of the Counties Code, or any similar
institution | 2 |
| operated by a political subdivision of the State of Illinois, | 3 |
| which
provides, through its ownership or management, personal | 4 |
| care, sheltered care or
nursing for 3 or more persons, not | 5 |
| related to the applicant or owner by blood
or marriage. It | 6 |
| includes skilled nursing facilities and intermediate care
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| facilities as those terms are defined in Title XVIII and Title | 8 |
| XIX of the
Federal Social Security Act.
It also includes homes, | 9 |
| institutions, or
other places operated by or under the | 10 |
| authority of the Illinois Department of
Veterans' Affairs.
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| "Facility" does not include the following:
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| (1) A home, institution, or other place operated by the | 13 |
| federal government
or agency thereof, or by the State of | 14 |
| Illinois, other than homes,
institutions, or other places | 15 |
| operated by or under the authority of the
Illinois | 16 |
| Department of Veterans' Affairs;
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| (2) A hospital, sanitarium, or other institution whose | 18 |
| principal activity
or business is the diagnosis, care, and | 19 |
| treatment of human illness through
the maintenance and | 20 |
| operation as organized facilities therefor, which is
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| required to be licensed under the Hospital Licensing Act;
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| (3) Any "facility for child care" as defined in the | 23 |
| Child Care Act of
1969;
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| (4) Any "Community Living Facility" as defined in the | 25 |
| Community Living
Facilities Licensing Act;
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| (5) Any "community residential alternative" as defined
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| in the Community Residential Alternatives Licensing Act;
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| (6) Any nursing home or sanatorium operated solely by | 3 |
| and for persons
who rely exclusively upon treatment by | 4 |
| spiritual means through prayer, in
accordance with the | 5 |
| creed or tenets of any well-recognized church or
religious | 6 |
| denomination. However, such nursing home or sanatorium | 7 |
| shall
comply with all local laws and rules relating to | 8 |
| sanitation and safety;
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| (7) Any facility licensed by the Department of Human | 10 |
| Services as a
community-integrated living arrangement as
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| defined in the Community-Integrated Living Arrangements | 12 |
| Licensure and
Certification Act;
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| (8) Any "Supportive Residence" licensed under the | 14 |
| Supportive
Residences Licensing Act;
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| (9) Any "supportive living facility" in good standing | 16 |
| with the program established under Section 5-5.01a of the | 17 |
| Illinois Public Aid Code or a facility that is in good | 18 |
| standing with the Affordable Alzheimer's Demonstration | 19 |
| Project established under Section 5-5.01b of that Code , | 20 |
| except only for purposes of the employment of persons in | 21 |
| accordance with Section 3-206.01;
| 22 |
| (10) Any assisted living or shared housing | 23 |
| establishment licensed under
the Assisted Living and | 24 |
| Shared Housing Act, except only for purposes of the | 25 |
| employment of persons in accordance with Section 3-206.01; | 26 |
| or
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| (11) An Alzheimer's disease management center | 2 |
| alternative health care
model licensed under the | 3 |
| Alternative Health Care Delivery Act.
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| (Source: P.A. 94-342, eff. 7-26-05; 95-380, eff. 8-23-07.)
| 5 |
| Section 15. The Illinois Public Aid Code is amended by | 6 |
| adding Section 5-5.01b as follows: | 7 |
| (305 ILCS 5/5-5.01b new) | 8 |
| Sec. 5-5.01b. Affordable Alzheimer's Demonstration | 9 |
| Project. | 10 |
| (a) The Department of Healthcare and Family Services shall | 11 |
| establish within the Supportive Living Facility program an | 12 |
| Affordable Alzheimer's Demonstration Project. | 13 |
| (b) The purposes of the Affordable Alzheimer's | 14 |
| Demonstration Project are as follows: | 15 |
| (1) To identify the special housing and programming | 16 |
| needs of individuals afflicted with Alzheimer's and other | 17 |
| dementia-related diseases and their families, who are in | 18 |
| need of affordable alternatives. | 19 |
| (2) To seek viable solutions for residents of | 20 |
| market-rate Alzheimer's dedicated residential programs | 21 |
| whose financial resources become depleted. | 22 |
| (3) To evaluate the adequacy, accessibility, and | 23 |
| effectiveness of existing Alzheimer's dedicated units in | 24 |
| meeting the programming and housing needs of this |
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| population. | 2 |
| (c) Programs eligible for the demonstration project must | 3 |
| meet the following criteria: | 4 |
| (1) They must seek to promote resident independence, | 5 |
| dignity, respect, and well-being in the most | 6 |
| cost-effective manner. | 7 |
| (2) They must be either a free-standing facility or a | 8 |
| distinct physical unit within a facility licensed under the | 9 |
| Nursing Home Care Act or the Assisted Living and Shared | 10 |
| Housing Act. | 11 |
| (3) They must integrate housing with health, personal | 12 |
| care, and supportive services and be a designated setting | 13 |
| that offers residents their own separate, private, and | 14 |
| distinct living units. | 15 |
| (4) They must offer programing specific to the needs of | 16 |
| individuals afflicted with Alzheimer's or other | 17 |
| dementia-related diseases. | 18 |
| (d) No fewer than 6 sites shall be selected to participate | 19 |
| in the demonstration project. No fewer than 2 sites each must | 20 |
| meet the following criteria: | 21 |
| (1) Be a newly constructed facility. | 22 |
| (2) Be a conversion of a facility licensed under the | 23 |
| Nursing Home Care Act. | 24 |
| (4) Be a dedicated Alzheimer's Unit licensed under the | 25 |
| Assisted Living and Shared Housing Act. | 26 |
| (e) Facilities or distinct parts of facilities which are |
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| selected to participate in the demonstration project and are in | 2 |
| good standing with the Department's rules are exempt from the | 3 |
| provisions of the Nursing Home Care Act and the Illinois Health | 4 |
| Facilities Planning Act. | 5 |
| (f) The Department of Public Health and the Department on | 6 |
| Aging shall cooperate with the Department of Healthcare and | 7 |
| Family Services on the development, implementation, oversight, | 8 |
| and evaluation of the demonstration project.
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.".
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