Full Text of HB5998 96th General Assembly
HB5998enr 96TH GENERAL ASSEMBLY
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HB5998 Enrolled |
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LRB096 18382 KTG 33759 b |
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| 1 |
| AN ACT concerning regulation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Assisted Living and Shared Housing Act is | 5 |
| amended by changing Sections 10, 20, 30, and 110 as follows: | 6 |
| (210 ILCS 9/10) | 7 |
| (Text of Section before amendment by P.A. 96-339 ) | 8 |
| Sec. 10. Definitions. For purposes of this Act: | 9 |
| "Activities of daily living" means eating, dressing, | 10 |
| bathing, toileting,
transferring, or personal
hygiene. | 11 |
| "Advisory Board" means the Assisted Living and Shared | 12 |
| Housing Standards and Quality of Life Advisory Board. | 13 |
| "Assisted living establishment" or "establishment" means a | 14 |
| home, building,
residence, or any
other place where sleeping | 15 |
| accommodations are provided for at least 3
unrelated adults,
at | 16 |
| least 80% of whom are 55 years of age or older and where the | 17 |
| following are
provided
consistent with the purposes of this | 18 |
| Act: | 19 |
| (1) services consistent with a social model that is | 20 |
| based on the premise
that the
resident's unit in assisted | 21 |
| living and shared housing is his or her own home; | 22 |
| (2) community-based residential care for persons who | 23 |
| need assistance with
activities of
daily living, including |
|
|
|
HB5998 Enrolled |
- 2 - |
LRB096 18382 KTG 33759 b |
|
| 1 |
| personal, supportive, and intermittent
health-related | 2 |
| services available 24 hours per day, if needed, to meet the
| 3 |
| scheduled
and
unscheduled needs of a resident; | 4 |
| (3) mandatory services, whether provided directly by | 5 |
| the establishment or
by another
entity arranged for by the | 6 |
| establishment, with the consent of the resident or
| 7 |
| resident's
representative; and | 8 |
| (4) a physical environment that is a homelike
setting | 9 |
| that
includes the following and such other elements as | 10 |
| established by the Department
in
conjunction with the | 11 |
| Assisted Living and Shared Housing Standards and Quality of | 12 |
| Life Advisory Board :
individual living units each of which | 13 |
| shall accommodate small kitchen
appliances
and contain | 14 |
| private bathing, washing, and toilet facilities, or | 15 |
| private washing
and
toilet facilities with a common bathing | 16 |
| room readily accessible to each
resident.
Units shall be | 17 |
| maintained for single occupancy except in cases in which 2
| 18 |
| residents
choose to share a unit. Sufficient common space | 19 |
| shall exist to permit
individual and
group activities. | 20 |
| "Assisted living establishment" or "establishment" does | 21 |
| not mean any of the
following: | 22 |
| (1) A home, institution, or similar place operated by | 23 |
| the federal
government or the
State of Illinois. | 24 |
| (2) A long term care facility licensed under the | 25 |
| Nursing Home Care Act.
However, a
long term care facility | 26 |
| may convert distinct parts of the facility to assisted
|
|
|
|
HB5998 Enrolled |
- 3 - |
LRB096 18382 KTG 33759 b |
|
| 1 |
| living. If
the long term care facility elects to do so, the | 2 |
| facility shall retain the
Certificate of
Need for its | 3 |
| nursing and sheltered care beds that were converted. | 4 |
| (3) A hospital, sanitarium, or other institution, the | 5 |
| principal activity
or business of
which is the diagnosis, | 6 |
| care, and treatment of human illness and that is
required | 7 |
| to
be licensed under the Hospital Licensing Act. | 8 |
| (4) A facility for child care as defined in the Child | 9 |
| Care Act of 1969. | 10 |
| (5) A community living facility as defined in the | 11 |
| Community Living
Facilities
Licensing Act. | 12 |
| (6) A nursing home or sanitarium operated solely by and | 13 |
| for persons who
rely
exclusively upon treatment by | 14 |
| spiritual means through prayer in accordance with
the creed | 15 |
| or tenants of a well-recognized church or religious | 16 |
| denomination. | 17 |
| (7) A facility licensed by the Department of Human | 18 |
| Services as a
community-integrated living arrangement as | 19 |
| defined in the Community-Integrated
Living
Arrangements | 20 |
| Licensure and Certification Act. | 21 |
| (8) A supportive residence licensed under the | 22 |
| Supportive Residences
Licensing Act. | 23 |
| (9) The portion of a life care facility as defined in | 24 |
| the Life Care Facilities Act not licensed as an assisted | 25 |
| living establishment under this Act; a
life care facility | 26 |
| may
apply under this Act to convert sections of the |
|
|
|
HB5998 Enrolled |
- 4 - |
LRB096 18382 KTG 33759 b |
|
| 1 |
| community to assisted living. | 2 |
| (10) A free-standing hospice facility licensed under | 3 |
| the Hospice Program
Licensing Act. | 4 |
| (11) A shared housing establishment. | 5 |
| (12) A supportive living facility as described in | 6 |
| Section 5-5.01a of the
Illinois Public Aid
Code. | 7 |
| "Department" means the Department of Public Health. | 8 |
| "Director" means the Director of Public Health. | 9 |
| "Emergency situation" means imminent danger of death or | 10 |
| serious physical
harm to a
resident of an establishment. | 11 |
| "License" means any of the following types of licenses | 12 |
| issued to an applicant
or licensee by the
Department: | 13 |
| (1) "Probationary license" means a license issued to an | 14 |
| applicant or
licensee
that has not
held a license under | 15 |
| this Act prior to its application or pursuant to a license
| 16 |
| transfer in accordance with Section 50 of this Act. | 17 |
| (2) "Regular license" means a license issued by the | 18 |
| Department to an
applicant or
licensee that is in
| 19 |
| substantial compliance with this Act and any rules | 20 |
| promulgated
under this Act. | 21 |
| "Licensee" means a person, agency, association, | 22 |
| corporation, partnership, or
organization that
has been issued | 23 |
| a license to operate an assisted living or shared housing
| 24 |
| establishment. | 25 |
| "Licensed health care professional" means a registered | 26 |
| professional nurse,
an advanced practice nurse, a physician |
|
|
|
HB5998 Enrolled |
- 5 - |
LRB096 18382 KTG 33759 b |
|
| 1 |
| assistant, and a licensed practical
nurse. | 2 |
| "Mandatory services" include the following: | 3 |
| (1) 3 meals per day available to the residents prepared | 4 |
| by the
establishment or an
outside contractor; | 5 |
| (2) housekeeping services including, but not limited | 6 |
| to, vacuuming,
dusting, and
cleaning the resident's unit; | 7 |
| (3) personal laundry and linen services available to | 8 |
| the residents
provided
or arranged
for by the | 9 |
| establishment; | 10 |
| (4) security provided 24 hours each day including, but | 11 |
| not limited to,
locked entrances
or building or contract | 12 |
| security personnel; | 13 |
| (5) an emergency communication response system, which | 14 |
| is a procedure in
place 24
hours each day by which a | 15 |
| resident can notify building management, an emergency
| 16 |
| response vendor, or others able to respond to his or her | 17 |
| need for assistance;
and | 18 |
| (6) assistance with activities of daily living as | 19 |
| required by each
resident. | 20 |
| "Negotiated risk" is the process by which a resident, or | 21 |
| his or her
representative,
may formally
negotiate with | 22 |
| providers what risks each are willing and unwilling to assume | 23 |
| in
service provision
and the resident's living environment. The | 24 |
| provider assures that the resident
and the
resident's | 25 |
| representative, if any, are informed of the risks of these | 26 |
| decisions
and of
the potential
consequences of assuming these |
|
|
|
HB5998 Enrolled |
- 6 - |
LRB096 18382 KTG 33759 b |
|
| 1 |
| risks. | 2 |
| "Owner" means the individual, partnership, corporation, | 3 |
| association, or other
person who owns
an assisted living or | 4 |
| shared housing establishment. In the event an assisted
living | 5 |
| or shared
housing establishment is operated by a person who | 6 |
| leases or manages the
physical plant, which is
owned by another | 7 |
| person, "owner" means the person who operates the assisted
| 8 |
| living or shared
housing establishment, except that if the | 9 |
| person who owns the physical plant is
an affiliate of the
| 10 |
| person who operates the assisted living or shared housing | 11 |
| establishment and has
significant
control over the day to day | 12 |
| operations of the assisted living or shared housing
| 13 |
| establishment, the
person who owns the physical plant shall | 14 |
| incur jointly and severally with the
owner all liabilities
| 15 |
| imposed on an owner under this Act. | 16 |
| "Physician" means a person licensed
under the Medical | 17 |
| Practice Act of 1987
to practice medicine in all of its
| 18 |
| branches. | 19 |
| "Resident" means a person residing in an assisted living or | 20 |
| shared housing
establishment. | 21 |
| "Resident's representative" means a person, other than the | 22 |
| owner, agent, or
employee of an
establishment or of the health | 23 |
| care provider unless related to the resident,
designated in | 24 |
| writing by a
resident to be his or her
representative. This | 25 |
| designation may be accomplished through the Illinois
Power of | 26 |
| Attorney Act, pursuant to the guardianship process under the |
|
|
|
HB5998 Enrolled |
- 7 - |
LRB096 18382 KTG 33759 b |
|
| 1 |
| Probate
Act of 1975, or pursuant to an executed designation of | 2 |
| representative form
specified by the Department. | 3 |
| "Self" means the individual or the individual's designated | 4 |
| representative. | 5 |
| "Shared housing establishment" or "establishment" means a | 6 |
| publicly or
privately operated free-standing
residence for 16 | 7 |
| or fewer persons, at least 80% of whom are 55
years of age or | 8 |
| older
and who are unrelated to the owners and one manager of | 9 |
| the residence, where
the following are provided: | 10 |
| (1) services consistent with a social model that is | 11 |
| based on the premise
that the resident's unit is his or her | 12 |
| own home; | 13 |
| (2) community-based residential care for persons who | 14 |
| need assistance with
activities of daily living, including | 15 |
| housing and personal, supportive, and
intermittent | 16 |
| health-related services available 24 hours per day, if | 17 |
| needed, to
meet the scheduled and unscheduled needs of a | 18 |
| resident; and | 19 |
| (3) mandatory services, whether provided directly by | 20 |
| the establishment or
by another entity arranged for by the | 21 |
| establishment, with the consent of the
resident or the | 22 |
| resident's representative. | 23 |
| "Shared housing establishment" or "establishment" does not | 24 |
| mean any of the
following: | 25 |
| (1) A home, institution, or similar place operated by | 26 |
| the federal
government or the State of Illinois. |
|
|
|
HB5998 Enrolled |
- 8 - |
LRB096 18382 KTG 33759 b |
|
| 1 |
| (2) A long term care facility licensed under the | 2 |
| Nursing Home Care Act.
A long term care facility may, | 3 |
| however, convert sections of the facility to
assisted | 4 |
| living. If the long term care facility elects to do so, the | 5 |
| facility
shall retain the Certificate of Need for its | 6 |
| nursing beds that were
converted. | 7 |
| (3) A hospital, sanitarium, or other institution, the | 8 |
| principal activity
or business of which is the diagnosis, | 9 |
| care, and treatment of human illness and
that is required | 10 |
| to be licensed under the Hospital Licensing Act. | 11 |
| (4) A facility for child care as defined in the Child | 12 |
| Care Act of 1969. | 13 |
| (5) A community living facility as defined in the | 14 |
| Community Living
Facilities Licensing Act. | 15 |
| (6) A nursing home or sanitarium operated solely by and | 16 |
| for persons who
rely exclusively upon treatment by | 17 |
| spiritual means through prayer in accordance
with the creed | 18 |
| or tenants of a well-recognized church or religious
| 19 |
| denomination. | 20 |
| (7) A facility licensed by the Department of Human | 21 |
| Services as a
community-integrated
living arrangement as | 22 |
| defined in the Community-Integrated
Living Arrangements | 23 |
| Licensure and Certification Act. | 24 |
| (8) A supportive residence licensed under the | 25 |
| Supportive Residences
Licensing Act. | 26 |
| (9) A life care facility as defined in the Life Care |
|
|
|
HB5998 Enrolled |
- 9 - |
LRB096 18382 KTG 33759 b |
|
| 1 |
| Facilities Act; a
life care facility may apply under this | 2 |
| Act to convert sections of the
community to assisted | 3 |
| living. | 4 |
| (10) A free-standing hospice facility licensed under | 5 |
| the Hospice Program
Licensing Act. | 6 |
| (11) An assisted living establishment. | 7 |
| (12) A supportive living facility as described in | 8 |
| Section 5-5.01a of the
Illinois Public Aid Code. | 9 |
| "Total assistance" means that staff or another individual | 10 |
| performs the entire
activity of daily
living without | 11 |
| participation by the resident. | 12 |
| (Source: P.A. 95-216, eff. 8-16-07.) | 13 |
| (Text of Section after amendment by P.A. 96-339 ) | 14 |
| Sec. 10. Definitions. For purposes of this Act: | 15 |
| "Activities of daily living" means eating, dressing, | 16 |
| bathing, toileting,
transferring, or personal
hygiene. | 17 |
| "Advisory Board" means the Assisted Living and Shared | 18 |
| Housing Standards and Quality of Life Advisory Board. | 19 |
| "Assisted living establishment" or "establishment" means a | 20 |
| home, building,
residence, or any
other place where sleeping | 21 |
| accommodations are provided for at least 3
unrelated adults,
at | 22 |
| least 80% of whom are 55 years of age or older and where the | 23 |
| following are
provided
consistent with the purposes of this | 24 |
| Act: | 25 |
| (1) services consistent with a social model that is |
|
|
|
HB5998 Enrolled |
- 10 - |
LRB096 18382 KTG 33759 b |
|
| 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
in
conjunction with the | 15 |
| Assisted Living and Shared Housing Standards and Quality of | 16 |
| Life Advisory Board :
individual living units each of which | 17 |
| shall accommodate small kitchen
appliances
and contain | 18 |
| private bathing, washing, and toilet facilities, or | 19 |
| private washing
and
toilet facilities with a common bathing | 20 |
| room readily accessible to each
resident.
Units shall be | 21 |
| maintained for single occupancy except in cases in which 2
| 22 |
| residents
choose to share a unit. Sufficient common space | 23 |
| shall exist to permit
individual and
group activities. | 24 |
| "Assisted living establishment" or "establishment" does | 25 |
| not mean any of the
following: | 26 |
| (1) A home, institution, or similar place operated by |
|
|
|
HB5998 Enrolled |
- 11 - |
LRB096 18382 KTG 33759 b |
|
| 1 |
| the federal
government or the
State of Illinois. | 2 |
| (2) A long term care facility licensed under the | 3 |
| Nursing Home Care Act or a facility licensed under the | 4 |
| MR/DD Community Care Act.
However, a
facility licensed | 5 |
| under either of those Acts may convert distinct parts of | 6 |
| the facility to assisted
living. If
the facility elects to | 7 |
| do so, the facility shall retain the
Certificate of
Need | 8 |
| for its nursing and sheltered care beds that were | 9 |
| converted. | 10 |
| (3) A hospital, sanitarium, or other institution, the | 11 |
| principal activity
or business of
which is the diagnosis, | 12 |
| care, and treatment of human illness and that is
required | 13 |
| to
be licensed under the Hospital Licensing Act. | 14 |
| (4) A facility for child care as defined in the Child | 15 |
| Care Act of 1969. | 16 |
| (5) A community living facility as defined in the | 17 |
| Community Living
Facilities
Licensing Act. | 18 |
| (6) A nursing home or sanitarium operated solely by and | 19 |
| for persons who
rely
exclusively upon treatment by | 20 |
| spiritual means through prayer in accordance with
the creed | 21 |
| or tenants of a well-recognized church or religious | 22 |
| denomination. | 23 |
| (7) A facility licensed by the Department of Human | 24 |
| Services as a
community-integrated living arrangement as | 25 |
| defined in the Community-Integrated
Living
Arrangements | 26 |
| Licensure and Certification Act. |
|
|
|
HB5998 Enrolled |
- 12 - |
LRB096 18382 KTG 33759 b |
|
| 1 |
| (8) A supportive residence licensed under the | 2 |
| Supportive Residences
Licensing Act. | 3 |
| (9) The portion of a life care facility as defined in | 4 |
| the Life Care Facilities Act not licensed as an assisted | 5 |
| living establishment under this Act; a
life care facility | 6 |
| may
apply under this Act to convert sections of the | 7 |
| community to assisted living. | 8 |
| (10) A free-standing hospice facility licensed under | 9 |
| the Hospice Program
Licensing Act. | 10 |
| (11) A shared housing establishment. | 11 |
| (12) A supportive living facility as described in | 12 |
| Section 5-5.01a of the
Illinois Public Aid
Code. | 13 |
| "Department" means the Department of Public Health. | 14 |
| "Director" means the Director of Public Health. | 15 |
| "Emergency situation" means imminent danger of death or | 16 |
| serious physical
harm to a
resident of an establishment. | 17 |
| "License" means any of the following types of licenses | 18 |
| issued to an applicant
or licensee by the
Department: | 19 |
| (1) "Probationary license" means a license issued to an | 20 |
| applicant or
licensee
that has not
held a license under | 21 |
| this Act prior to its application or pursuant to a license
| 22 |
| transfer in accordance with Section 50 of this Act. | 23 |
| (2) "Regular license" means a license issued by the | 24 |
| Department to an
applicant or
licensee that is in
| 25 |
| substantial compliance with this Act and any rules | 26 |
| promulgated
under this Act. |
|
|
|
HB5998 Enrolled |
- 13 - |
LRB096 18382 KTG 33759 b |
|
| 1 |
| "Licensee" means a person, agency, association, | 2 |
| corporation, partnership, or
organization that
has been issued | 3 |
| a license to operate an assisted living or shared housing
| 4 |
| establishment. | 5 |
| "Licensed health care professional" means a registered | 6 |
| professional nurse,
an advanced practice nurse, a physician | 7 |
| assistant, and a licensed practical
nurse. | 8 |
| "Mandatory services" include the following: | 9 |
| (1) 3 meals per day available to the residents prepared | 10 |
| by the
establishment or an
outside contractor; | 11 |
| (2) housekeeping services including, but not limited | 12 |
| to, vacuuming,
dusting, and
cleaning the resident's unit; | 13 |
| (3) personal laundry and linen services available to | 14 |
| the residents
provided
or arranged
for by the | 15 |
| establishment; | 16 |
| (4) security provided 24 hours each day including, but | 17 |
| not limited to,
locked entrances
or building or contract | 18 |
| security personnel; | 19 |
| (5) an emergency communication response system, which | 20 |
| is a procedure in
place 24
hours each day by which a | 21 |
| resident can notify building management, an emergency
| 22 |
| response vendor, or others able to respond to his or her | 23 |
| need for assistance;
and | 24 |
| (6) assistance with activities of daily living as | 25 |
| required by each
resident. | 26 |
| "Negotiated risk" is the process by which a resident, or |
|
|
|
HB5998 Enrolled |
- 14 - |
LRB096 18382 KTG 33759 b |
|
| 1 |
| his or her
representative,
may formally
negotiate with | 2 |
| providers what risks each are willing and unwilling to assume | 3 |
| in
service provision
and the resident's living environment. The | 4 |
| provider assures that the resident
and the
resident's | 5 |
| representative, if any, are informed of the risks of these | 6 |
| decisions
and of
the potential
consequences of assuming these | 7 |
| risks. | 8 |
| "Owner" means the individual, partnership, corporation, | 9 |
| association, or other
person who owns
an assisted living or | 10 |
| shared housing establishment. In the event an assisted
living | 11 |
| or shared
housing establishment is operated by a person who | 12 |
| leases or manages the
physical plant, which is
owned by another | 13 |
| person, "owner" means the person who operates the assisted
| 14 |
| living or shared
housing establishment, except that if the | 15 |
| person who owns the physical plant is
an affiliate of the
| 16 |
| person who operates the assisted living or shared housing | 17 |
| establishment and has
significant
control over the day to day | 18 |
| operations of the assisted living or shared housing
| 19 |
| establishment, the
person who owns the physical plant shall | 20 |
| incur jointly and severally with the
owner all liabilities
| 21 |
| imposed on an owner under this Act. | 22 |
| "Physician" means a person licensed
under the Medical | 23 |
| Practice Act of 1987
to practice medicine in all of its
| 24 |
| branches. | 25 |
| "Resident" means a person residing in an assisted living or | 26 |
| shared housing
establishment. |
|
|
|
HB5998 Enrolled |
- 15 - |
LRB096 18382 KTG 33759 b |
|
| 1 |
| "Resident's representative" means a person, other than the | 2 |
| owner, agent, or
employee of an
establishment or of the health | 3 |
| care provider unless related to the resident,
designated in | 4 |
| writing by a
resident to be his or her
representative. This | 5 |
| designation may be accomplished through the Illinois
Power of | 6 |
| Attorney Act, pursuant to the guardianship process under the | 7 |
| Probate
Act of 1975, or pursuant to an executed designation of | 8 |
| representative form
specified by the Department. | 9 |
| "Self" means the individual or the individual's designated | 10 |
| representative. | 11 |
| "Shared housing establishment" or "establishment" means a | 12 |
| publicly or
privately operated free-standing
residence for 16 | 13 |
| or fewer persons, at least 80% of whom are 55
years of age or | 14 |
| older
and who are unrelated to the owners and one manager of | 15 |
| the residence, where
the following are provided: | 16 |
| (1) services consistent with a social model that is | 17 |
| based on the premise
that the resident's unit is his or her | 18 |
| own home; | 19 |
| (2) community-based residential care for persons who | 20 |
| need assistance with
activities of daily living, including | 21 |
| housing and personal, supportive, and
intermittent | 22 |
| health-related services available 24 hours per day, if | 23 |
| needed, to
meet the scheduled and unscheduled needs of a | 24 |
| resident; and | 25 |
| (3) mandatory services, whether provided directly by | 26 |
| the establishment or
by another entity arranged for by the |
|
|
|
HB5998 Enrolled |
- 16 - |
LRB096 18382 KTG 33759 b |
|
| 1 |
| establishment, with the consent of the
resident or the | 2 |
| resident's representative. | 3 |
| "Shared housing establishment" or "establishment" does not | 4 |
| mean any of the
following: | 5 |
| (1) A home, institution, or similar place operated by | 6 |
| the federal
government or the State of Illinois. | 7 |
| (2) A long term care facility licensed under the | 8 |
| Nursing Home Care Act or a facility licensed under the | 9 |
| MR/DD Community Care Act.
A facility licensed under either | 10 |
| of those Acts may, however, convert sections of the | 11 |
| facility to
assisted living. If the facility elects to do | 12 |
| so, the facility
shall retain the Certificate of Need for | 13 |
| its nursing beds that were
converted. | 14 |
| (3) A hospital, sanitarium, or other institution, the | 15 |
| principal activity
or business of which is the diagnosis, | 16 |
| care, and treatment of human illness and
that is required | 17 |
| to be licensed under the Hospital Licensing Act. | 18 |
| (4) A facility for child care as defined in the Child | 19 |
| Care Act of 1969. | 20 |
| (5) A community living facility as defined in the | 21 |
| Community Living
Facilities Licensing Act. | 22 |
| (6) A nursing home or sanitarium operated solely by and | 23 |
| for persons who
rely exclusively upon treatment by | 24 |
| spiritual means through prayer in accordance
with the creed | 25 |
| or tenants of a well-recognized church or religious
| 26 |
| denomination. |
|
|
|
HB5998 Enrolled |
- 17 - |
LRB096 18382 KTG 33759 b |
|
| 1 |
| (7) A facility licensed by the Department of Human | 2 |
| Services as a
community-integrated
living arrangement as | 3 |
| defined in the Community-Integrated
Living Arrangements | 4 |
| Licensure and Certification Act. | 5 |
| (8) A supportive residence licensed under the | 6 |
| Supportive Residences
Licensing Act. | 7 |
| (9) A life care facility as defined in the Life Care | 8 |
| Facilities Act; a
life care facility may apply under this | 9 |
| Act to convert sections of the
community to assisted | 10 |
| living. | 11 |
| (10) A free-standing hospice facility licensed under | 12 |
| the Hospice Program
Licensing Act. | 13 |
| (11) An assisted living establishment. | 14 |
| (12) A supportive living facility as described in | 15 |
| Section 5-5.01a of the
Illinois Public Aid Code. | 16 |
| "Total assistance" means that staff or another individual | 17 |
| performs the entire
activity of daily
living without | 18 |
| participation by the resident. | 19 |
| (Source: P.A. 95-216, eff. 8-16-07; 96-339, eff. 7-1-10.)
| 20 |
| (210 ILCS 9/20)
| 21 |
| Sec. 20. Construction and operating standards. The | 22 |
| Department , in consultation with the Advisory Board, shall | 23 |
| prescribe
minimum standards for
establishments. These | 24 |
| standards shall include:
| 25 |
| (1) the location and construction of the |
|
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| establishment, including
plumbing,
heating, lighting,
| 2 |
| ventilation, and other physical conditions which shall | 3 |
| ensure the health,
safety, and comfort
of residents and | 4 |
| their protection from fire hazards; these standards shall
| 5 |
| include, at a minimum, compliance with the residential | 6 |
| board and care
occupancies chapter of the National Fire | 7 |
| Protection Association's Life Safety
Code, local and State | 8 |
| building codes for the building
type, and accessibility | 9 |
| standards of the Americans with Disabilities Act;
| 10 |
| (2) the number and qualifications of all personnel | 11 |
| having responsibility
for
any part of the services provided | 12 |
| for
residents;
| 13 |
| (3) all sanitary conditions within the establishment | 14 |
| and its surroundings,
including water supply,
sewage | 15 |
| disposal, food handling, infection control, and general | 16 |
| hygiene, which
shall ensure the
health and
comfort of | 17 |
| residents;
| 18 |
| (4) a program for adequate maintenance of physical | 19 |
| plant and equipment;
| 20 |
| (5) adequate accommodations, staff, and services for | 21 |
| the number and types
of residents for whom
the | 22 |
| establishment is licensed;
| 23 |
| (6) the development of evacuation and other | 24 |
| appropriate safety plans for
use
during weather, health,
| 25 |
| fire, physical plant, environmental, and national defense | 26 |
| emergencies; and
|
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| (7) the maintenance of minimum financial and other | 2 |
| resources necessary to
meet
the standards
established | 3 |
| under this Section and to operate the
establishment in | 4 |
| accordance with this Act.
| 5 |
| (Source: P.A. 91-656, eff. 1-1-01.)
| 6 |
| (210 ILCS 9/30)
| 7 |
| Sec. 30. Licensing.
| 8 |
| (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
| 11 |
| 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
| 15 |
| review
for
each
establishment covered by this Act, which shall | 16 |
| include, but not be limited to,
compliance with
this Act and | 17 |
| rules adopted hereunder, focus on solving resident issues
and | 18 |
| concerns,
and the quality improvement process implemented by | 19 |
| the establishment to address
resident
issues. The quality | 20 |
| improvement process implemented by the establishment must
| 21 |
| benchmark performance, be customer centered, be data driven, | 22 |
| and focus on
resident
satisfaction.
| 23 |
| (b) An establishment shall provide the following | 24 |
| information to the
Department
to be considered for licensure:
| 25 |
| (1) the business name, street address, mailing |
|
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| address, and telephone
number of the
establishment;
| 2 |
| (2) the name and mailing address of the owner or owners | 3 |
| of the
establishment and if the
owner or owners are not | 4 |
| natural persons, identification of the type of
business | 5 |
| entity
of the owners, and the names and addresses of the | 6 |
| officers and members of the
governing body, or comparable | 7 |
| persons for partnerships, limited liability
companies, or | 8 |
| other types of business organizations;
| 9 |
| (3) financial information, content and form to be | 10 |
| determined by rules
which may provide different standards | 11 |
| for assisted living establishments and
shared housing | 12 |
| establishments,
establishing that the project is | 13 |
| financially feasible;
| 14 |
| (4) the name and mailing address of the managing agent | 15 |
| of the
establishment, whether
hired under a management | 16 |
| agreement or lease agreement, if different from the
owner | 17 |
| or owners, and the name of the full-time director;
| 18 |
| (5) verification that the establishment has entered or | 19 |
| will enter into a
service delivery
contract as provided in | 20 |
| Section 90, as required under this Act, with each
resident | 21 |
| or
resident's representative;
| 22 |
| (6) the name and address of at least one natural person | 23 |
| who shall be
responsible for
dealing with the Department on | 24 |
| all matters provided for in this Act, on whom
personal | 25 |
| service of all notices and orders shall be made, and who | 26 |
| shall be
authorized
to accept service on behalf of the |
|
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| owner or owners and the managing agent.
Notwithstanding a | 2 |
| contrary provision of the Code of Civil Procedure, personal
| 3 |
| service on the person identified pursuant to this | 4 |
| subsection shall be
considered
service on the owner or | 5 |
| owners and the managing agent, and it shall not be a
| 6 |
| defense to any action that personal service was not made on | 7 |
| each individual or
entity;
| 8 |
| (7) the signature of the authorized representative of | 9 |
| the owner or
owners;
| 10 |
| (8) proof of an ongoing quality improvement program in | 11 |
| accordance with
rules adopted
by the Department in | 12 |
| collaboration with the Advisory Board ;
| 13 |
| (9) information about the number and types of units, | 14 |
| the maximum census,
and the
services to be provided at the | 15 |
| establishment, proof of compliance with
applicable
State | 16 |
| and local residential standards, and a copy of the standard | 17 |
| contract
offered to
residents;
| 18 |
| (10) documentation of adequate liability insurance; | 19 |
| and
| 20 |
| (11) other information necessary to determine the | 21 |
| identity and
qualifications of an
applicant or licensee to | 22 |
| operate an
establishment in
accordance with this Act as | 23 |
| required by the Department by rule.
| 24 |
| (c) The information in the statement of ownership shall be | 25 |
| public
information and shall be
available from the Department.
| 26 |
| (Source: P.A. 91-656, eff. 1-1-01.)
|
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| (210 ILCS 9/110) | 2 |
| Sec. 110. Powers and duties of the Department. | 3 |
| (a) The Department shall conduct an annual unannounced | 4 |
| on-site visit at
each
assisted living and shared
housing | 5 |
| establishment to determine compliance with applicable | 6 |
| licensure
requirements and
standards. Additional visits may be | 7 |
| conducted without prior notice to the
assisted living
or shared | 8 |
| housing
establishment. | 9 |
| (b) Upon receipt of information that may indicate the | 10 |
| failure of the
assisted living or shared housing
establishment | 11 |
| or a service provider to comply with a provision of this Act,
| 12 |
| the Department shall
investigate the matter or make appropriate | 13 |
| referrals to other government
agencies and entities having
| 14 |
| jurisdiction over the subject matter of the possible violation. | 15 |
| The Department
may also make
referrals to any public or private | 16 |
| agency that the Department considers
available for appropriate
| 17 |
| assistance to those involved. The Department may oversee and | 18 |
| coordinate the
enforcement of State
consumer protection | 19 |
| policies affecting residents residing in an establishment
| 20 |
| licensed under this Act. | 21 |
| (c) The Department shall establish by rule complaint | 22 |
| receipt,
investigation,
resolution, and involuntary
residency | 23 |
| termination procedures. Resolution procedures shall provide | 24 |
| for
on-site review and
evaluation of an assisted living or | 25 |
| shared housing establishment found to be
in violation of this |
|
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| Act
within a specified period of time based on the gravity and | 2 |
| severity of the
violation and any pervasive
pattern of | 3 |
| occurrences of the same or similar violations. | 4 |
| (d) (Blank). The Governor shall establish an Assisted | 5 |
| Living and Shared Housing Standards and Quality of Life
| 6 |
| Advisory Board. | 7 |
| (e) The Department shall by rule establish penalties and | 8 |
| sanctions, which
shall include, but need not be limited to,
the | 9 |
| creation of a schedule of graduated penalties and sanctions to | 10 |
| include
closure. | 11 |
| (f) The Department shall by rule establish procedures for | 12 |
| disclosure of
information to the public, which
shall include, | 13 |
| but not be limited to, ownership, licensure status, frequency | 14 |
| of
complaints, disposition of
substantiated complaints, and | 15 |
| disciplinary actions. | 16 |
| (g) (Blank). | 17 |
| (h) Beginning January 1, 2000, the Department shall begin | 18 |
| drafting rules
necessary for the administration
of this Act. | 19 |
| (Source: P.A. 93-1003, eff. 8-23-04.)
| 20 |
| (210 ILCS 9/125 rep.)
| 21 |
| Section 10. The Assisted Living and Shared Housing Act is | 22 |
| amended by repealing Section 125.
| 23 |
| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
|
|