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(210 ILCS 9/75)
(a) No individual shall be accepted for residency or remain in residence if
establishment cannot provide or secure appropriate
services, if the individual
requires a level of service or type of service for which the establishment is
not licensed or
which the establishment does not provide, or if the establishment does not have
appropriate in numbers and with appropriate skill to provide such services.
(b) Only adults may be accepted for residency.
(c) A person shall not be accepted for residency if:
(1) the person poses a serious threat to himself or
(2) the person is not able to communicate his or her
needs and no resident representative residing in the establishment, and with a prior relationship to the person, has been appointed to direct the provision of services;
(3) the person requires total assistance with 2 or
more activities of daily living;
(4) the person requires the assistance of more than
one paid caregiver at any given time with an activity of daily living;
(5) the person requires more than minimal assistance
in moving to a safe area in an emergency;
(6) the person has a severe mental illness, which for
the purposes of this Section means a condition that is characterized by the presence of a major mental disorder as classified in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV) (American Psychiatric Association, 1994), where the individual is a person with a substantial disability due to mental illness in the areas of self-maintenance, social functioning, activities of community living and work skills, and the disability specified is expected to be present for a period of not less than one year, but does not mean Alzheimer's disease and other forms of dementia based on organic or physical disorders;
(7) the person requires intravenous therapy or
intravenous feedings unless self-administered or administered by a qualified, licensed health care professional;
(8) the person requires gastrostomy feedings unless
self-administered or administered by a licensed health care professional;
(9) the person requires insertion, sterile
irrigation, and replacement of catheter, except for routine maintenance of urinary catheters, unless the catheter care is self-administered or administered by a licensed health care professional;
(10) the person requires sterile wound care unless
care is self-administered or administered by a licensed health care professional;
(11) the person requires sliding scale insulin
administration unless self-performed or administered by a licensed health care professional;
(12) the person is a diabetic requiring routine
insulin injections unless the injections are self-administered or administered by a licensed health care professional;
(13) the person requires treatment of stage 3 or
stage 4 decubitus ulcers or exfoliative dermatitis;
(14) the person requires 5 or more skilled nursing
visits per week for conditions other than those listed in items (13) and (15) of this subsection for a period of 3 consecutive weeks or more except when the course of treatment is expected to extend beyond a 3 week period for rehabilitative purposes and is certified as temporary by a physician; or
(15) other reasons prescribed by the Department by
(d) A resident with a condition listed in items (1) through (15) of
subsection (c) shall have
his or her residency terminated.
(e) Residency shall be terminated when services available to the resident
are no longer adequate to meet the needs of the resident. This provision shall
be interpreted as
limiting the authority of the Department to require the residency termination
(f) Subsection (d) of this Section shall not apply to
ill residents who
receive or would qualify for hospice care and such care is coordinated by
a hospice program licensed
under the Hospice
Licensing Act or other licensed health care professional employed by a
licensed home health
agency and the establishment and all parties agree to the continued residency.
(g) Items (3), (4), (5), and (9) of subsection (c) shall not apply to
a quadriplegic, paraplegic, or
individual with neuro-muscular diseases, such as muscular dystrophy and
sclerosis, or other chronic diseases and conditions as defined by rule if the
individual is able
to communicate his or her needs and does not require assistance with complex
problems, and the establishment is able to accommodate the individual's needs.
The Department shall prescribe rules pursuant to this Section that address
special safety and service needs of these individuals.
(h) For the purposes of items (7) through (10) of subsection (c), a
licensed health care professional may not
be employed by the owner or operator of the establishment, its parent entity,
or any other entity with ownership common to either the owner or operator of
the establishment or parent entity, including but not limited to an affiliate
of the owner or operator of the establishment. Nothing in this Section is
meant to limit a resident's right to
choose his or her health care provider.
(i) Subsection (h) is not applicable to residents admitted to an assisted living establishment under a life care contract as defined in the Life Care Facilities Act if the life care facility has both an assisted living establishment and a skilled nursing facility. A licensed health care professional providing health-related or supportive services at a life care assisted living or shared housing establishment must be employed by an entity licensed by the Department under the Nursing Home Care Act or the Home Health, Home Services, and Home Nursing Agency Licensing Act.
(Source: P.A. 99-143, eff. 7-27-15.)