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90_HB1389ham001
LRB9004372DPmbam01
1 AMENDMENT TO HOUSE BILL 1389
2 AMENDMENT NO. . Amend House Bill 1389 by replacing
3 the title with the following:
4 "AN ACT to create the Assisted Living Establishment Act,
5 amending named Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 1. Short title. This Act may be cited as the
9 Assisted Living Establishment Act.
10 Section 3. Legislative purpose. The purpose of this Act
11 is to promote the availability of appropriate services for
12 elderly persons in the least restrictive and most homelike
13 environment; to encourage the development of assisted living
14 that promotes the dignity, individuality, privacy, and
15 decision-making ability of those persons; to provide for the
16 health, safety, and welfare of residents receiving assisted
17 living services in this State; to promote continuous quality
18 improvement of assisted living; and to encourage the
19 development of innovative and affordable assisted living
20 establishments.
21 It is the public policy of this State that assisted
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1 living is an important part of the continuum of long-term
2 care in this State. In support of the goal of aging in place,
3 assisted living should be operated as residential
4 environments with supportive services. The services available
5 to residents, either directly or through contracts or
6 agreements, are intended to help residents remain as
7 independent as possible. Oversight of assisted living
8 establishments must be sufficiently flexible to allow
9 residents to age in place.
10 Section 5. Definitions. For purposes of this Act:
11 (a) "Assisted living establishment" or "establishment"
12 means a home, building, residence, or any other place where
13 the services described below are provided:
14 (1) community-based residential care, including
15 housing and personal and health-related services, to
16 persons who need help with activities of daily living;
17 (2) supportive and intermittent health-related
18 services that are available 24 hours per day, if needed,
19 to meet scheduled and unscheduled needs of a tenant, in a
20 way that promotes self-direction and participation in
21 decisions that emphasize independence, individuality,
22 privacy, and dignity in a residential surrounding;
23 (3) sleeping accommodations for 3 or more unrelated
24 adult tenants, at least 80 percent of which are 55 years
25 of age or older; and
26 (4) all Group 1 services and one or more Group 2
27 services, whether provided directly by the establishment
28 or by another entity arranged for by the establishment
29 with the consent of the tenant or tenant's
30 representative.
31 An "assisted living establishment" or "establishment" also
32 means a home, building, residence, or any other place that
33 provides the services of items (1) through (4) of this
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1 paragraph, and, in addition, any Group 3 services.
2 "Assisted living establishment" or "establishment" does
3 not mean:
4 (1) a home, institution, or similar place operated
5 by the federal government or the State of Illinois;
6 (2) a "long term care facility" licensed under the
7 Nursing Home Care Act. However, a long term care facility
8 may apply under this Act to convert sections of the
9 facility to assisted living. If the long term care
10 facility elects to do so, the facility retains the
11 Certificate of Need for its nursing beds that were
12 converted;
13 (3) a hospital, sanitarium, or other institution,
14 the principal activity or business of which is the
15 diagnosis, care, and treatment of human illness and that
16 is required to be licensed under the Hospital Licensing
17 Act;
18 (4) a "facility for child care" as defined in the
19 Child Care Act of 1969;
20 (5) a "community living facility" as defined in the
21 Community Living Facilities Licensing Act;
22 (6) a "community residential alternative" as
23 defined in the Community Residential Alternatives
24 Licensing Act;
25 (7) a nursing home or sanitarium operated solely by
26 and for persons who rely exclusively upon treatment by
27 spiritual means through prayer, in accordance with the
28 creed or tenants of a well-recognized church or religious
29 denomination;
30 (8) a facility licensed by the Department of Human
31 Services as a "community-integrated living arrangement"
32 as defined in the Community-Integrated Living
33 Arrangements Licensure and Certification Act;
34 (9) a "supportive residence" licensed under the
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1 Supportive Residences Licensing Act;
2 (10) a "life care facility" as defined in the Life
3 Care Facilities Act; and
4 (11) a freestanding hospice facility.
5 (b) "Department" means the Department on Aging.
6 (c) "Director" means the Director of the Department on
7 Aging.
8 (d) "Group 1 services" include the following:
9 (1) meals provided in a dining room or the
10 tenant's own room and prepared by the establishment or
11 an outside contractor;
12 (2) housekeeping services, including but not
13 limited to vacuuming, dusting, and cleaning the kitchen
14 and bathrooms of the tenant's unit;
15 (3) security provided 24 hours each day, including
16 but not limited to locked entrances or building or
17 contract security personnel.
18 (4) an emergency communication response system,
19 which is a procedure in place 24 hours each day by which
20 a tenant can notify building management, an emergency
21 response vendor, or others able to respond to his or her
22 need for assistance.
23 (e) "Group 2 services" include the following:
24 (1) personal care, including one or more of the
25 following: assistance with bathing, dressing, grooming,
26 ambulating, toileting, transferring, meal planning, and
27 personal laundry;
28 (2) medication management, including one or more of
29 the following: reminders to take medication, monitoring
30 of tenant medications, storage of medications, and
31 assisting tenants with medications set up by a family
32 member or nurse;
33 (3) intermittent health services, including one or
34 more of the following: medication administration,
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1 dressing changes, catheter care, therapies, and other
2 medical, nursing, or rehabilitative care provided by
3 personnel licensed under the Home Health Agency Licensing
4 Act and by the Department of Professional Regulation.
5 (f) "Group 3 services" include the following:
6 (1) transportation, including but not limited to
7 car or van service for shopping and medical appointments;
8 (2) a health assessment, which is a health history,
9 physical examination, risk profile, or screening by
10 licensed health care personnel;
11 (3) counseling for health, social services, and
12 nutrition by licensed personnel;
13 (4) social or educational activities, including but
14 not limited to trips, classes, lectures, and parties in
15 or outside the establishment.
16 (g) "Tenant" means a person residing in an assisted
17 living establishment.
18 Section 10. Registration requirement. No entity may
19 establish, operate, conduct, or maintain an assisted living
20 establishment in this State without a certificate of
21 registration issued by the Department under this Act. An
22 entity that violates the registration requirement of this
23 Section shall be subject to corrective action as established
24 by rule of the Department.
25 Section 15. Registration procedures.
26 (a) The Department shall establish forms and procedures
27 for the annual registration of assisted living
28 establishments. The Department shall set nonrefundable
29 registration fees in consultation with the Assisted Living
30 Advisory Commission. A registered establishment shall notify
31 the Department within 30 days of any change in the business
32 name or address of the establishment, the name or mailing
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1 address of the owner or owners, or the name or mailing
2 address of the managing agent. There shall be no fee for the
3 submission of any such notification.
4 An establishment shall provide the following information
5 to the Department to be registered:
6 (1) the business name, street address, mailing
7 address, and telephone number of the establishment;
8 (2) the name and mailing address of the owner or
9 owners of the establishment and if the owner or owners
10 are not natural persons, identification of the type of
11 business entity of the owners, and the names and
12 addresses of the officers and members of the governing
13 body, or comparable persons for partnerships, limited
14 liability corporations, or other types of business
15 organizations;
16 (3) the name and mailing address of the managing
17 agent of the establishment, whether hired under a
18 management agreement or lease agreement, if different
19 from the owner or owners, and the name of the on-site
20 manager, if any;
21 (4) verification that the establishment has entered
22 into an assisted living establishment contract, as
23 required under this Act, with each tenant or tenant's
24 representative;
25 (5) the name and address of at least one natural
26 person who shall be responsible for dealing with the
27 Department on all matters provided for in this Act, on
28 whom personal service of all notices and orders shall be
29 made, and who shall be authorized to accept service on
30 behalf of the owner or owners and the managing agent.
31 Notwithstanding a contrary provision of the Code of Civil
32 Procedure, personal service on the persons identified
33 pursuant to this subsection shall be considered service
34 on the owner or owners and the managing agent, and it
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1 shall not be a defense to any action that personal
2 service was not made on each individual or entity;
3 (6) the signature of the authorized representative
4 of the owner or owners;
5 (7) proof of an ongoing quality assurance program
6 in accordance with rules adopted by the Department in
7 collaboration with the Assisted Living Advisory
8 Commission;
9 (8) information about the number and types of
10 units, the maximum census, and the services to be
11 provided at the establishment and proof of compliance
12 with applicable State service standards, documentation of
13 compliance with applicable State and local residential
14 standards, and a copy of the standard contract offered to
15 tenants; and
16 (9) documentation of adequate liability insurance.
17 Section 20. Issuance of certificate of registration.
18 The Department shall issue a certificate of registration to
19 an applicant who has met the requirements of Section 15 and
20 has paid the required application fee.
21 Section 25. Contract requirement. No entity may
22 establish, operate, conduct, or maintain an assisted living
23 establishment in this State unless a written assisted living
24 contract is executed between the establishment and each
25 tenant or tenant's representative in accordance with Section
26 30, and unless the establishment operates in accordance with
27 the terms of the contract. A tenant or the tenant's
28 representative shall be given a complete copy of the contract
29 and all supporting documents and attachments and any changes
30 whenever changes are made.
31 Section 30. Contents of contract. An assisted living
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1 contract shall include at least the following elements in the
2 body or through supporting documents or attachments:
3 (1) the name, street address, and mailing address
4 of the establishment;
5 (2) the name and mailing address of the owner or
6 owners of the establishment and, if the owner or owners
7 are not natural persons, the type of business entity of
8 the owner or owners;
9 (3) the name and mailing address of the managing
10 agent of the establishment, whether hired under a
11 management agreement or lease agreement, if the managing
12 agent is different from the owner or owners;
13 (4) the name and address of at least one natural
14 person who is authorized to accept service on behalf of
15 the owners and managing agent;
16 (5) a statement describing the registration status
17 of the establishment and the licensure status of a
18 provider of health-related or supportive services to a
19 tenant under an arrangement with the establishment;
20 (6) the duration of the contract;
21 (7) the base rate to be paid by the tenant and a
22 description of the services to be provided as part of
23 this rate;
24 (8) a description of any additional services to be
25 provided for an additional fee from the establishment
26 directly or by a third party provider under an
27 arrangement with the establishment;
28 (9) fee schedules outlining the cost of any
29 additional services;
30 (10) a description of the process through which the
31 contract may be modified, amended, or terminated;
32 (11) a description of the establishment's complaint
33 resolution process available to tenants and notice of the
34 availability of the Department's Senior Helpline for
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1 complaints;
2 (12) the tenant's designated representative, if
3 any;
4 (13) the tenant's obligations in order to maintain
5 residency and to receive services;
6 (14) billing and payment procedures and
7 requirements;
8 (15) a statement affirming the tenant's freedom to
9 receive services from service providers with whom the
10 establishment does not have a contractual arrangement.
11 The statement may also disclaim liability on the part of
12 the assisted living establishment for such services;
13 (16) a statement regarding the availability of
14 public funds for payment for services rendered under an
15 assisted living contract; and
16 (17) a statement acknowledging that, by contracting
17 with the assisted living establishment, the tenant does
18 not forfeit the following rights:
19 (a) federal and State constitutional rights;
20 (b) the right to retain and use personal
21 property and a place to store personal items that is
22 locked and secure;
23 (c) the right to refuse services and to be
24 advised of the consequences of that refusal;
25 (d) the right to respect for bodily privacy
26 and dignity at all times, especially during care and
27 treatment;
28 (e) the right to privacy with regard to mail,
29 phone calls, and visitors;
30 (f) the right to be free of retaliation for
31 criticizing the establishment or for making
32 complaints to appropriate agencies;
33 (g) the right to be free of restraints;
34 (h) the right to be free of abuse or neglect;
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1 (i) the right to confidentiality of the
2 tenant's personal files maintained by the
3 establishment;
4 (j) the right of access and the right to copy
5 the tenant's personal files maintained by the
6 establishment; and
7 (k) the right to 24-hour access to the
8 establishment.
9 Section 35. Record retention. Assisted living contracts
10 and related documents executed by each tenant or tenant's
11 representative shall be maintained by the establishment in
12 files from the date of execution until 3 years after the
13 contract is terminated. The establishment shall also
14 maintain and retain records to tenants to support compliance
15 with individual contracts and with applicable State and
16 federal laws and regulations.
17 Section 40. Powers and duties of the Director.
18 (a) Upon receipt of information that may indicate the
19 failure of the assisted living establishment, a tenant, a
20 tenant's representative, or a service provider to comply with
21 a provision of this Act, the Department may investigate the
22 matter and must obtain the signed consent of an individual
23 tenant before his or her individual tenant records may be
24 inspected, and shall make appropriate referrals to other
25 government agencies and entities having jurisdiction over the
26 subject matter of the possible violation. The Department may
27 also make referrals to any public or private agency that the
28 Department considers available for appropriate assistance to
29 persons involved. The Department may oversee and coordinate
30 the enforcement of State consumer protection policies
31 affecting tenants of assisted living establishments.
32 (b) The Director shall have standing to bring an action
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1 for injunctive relief in the circuit court where an
2 establishment is located to compel the assisted living
3 establishment to meet the requirements of this Act or other
4 applicable State, county, or local requirements. Proceedings
5 for securing an injunction may be brought by the Director
6 through the Attorney General of the State of Illinois or the
7 State's Attorney of the county in which the alleged violation
8 occurred. The sanctions in this Section do not restrict the
9 availability of other sanctions.
10 (c) The Department shall establish by rule complaint
11 receipt, resolution, and appeal procedures.
12 (d) The Director shall establish an Assisted Living
13 Advisory Commission that shall be responsible for
14 establishing registration fees and sanctions for
15 noncompliance with this Act. Members of the Commission shall
16 include users of assisted living services.
17 Section 45. Application of Act. An assisted living
18 establishment shall obtain and maintain all other licenses,
19 permits, certificates of registration, and other governmental
20 approvals required of it in addition to registration under
21 this Act, except that an assisted living establishment is
22 exempt from the provisions of the Illinois Health Facilities
23 Planning Act and the Nursing Home Care Act. An assisted
24 living establishment shall comply with the requirements of
25 all local, State, federal, and other applicable laws,
26 statutes, regulations, and ordinances.
27 Section 80. The Illinois Health Facilities Planning Act
28 is amended by changing Section 3 as follows:
29 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
30 Sec. 3. As used in this Act:
31 "Health care facilities" means and includes the following
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1 facilities and organizations:
2 1. An ambulatory surgical treatment center required
3 to be licensed pursuant to the Ambulatory Surgical
4 Treatment Center Act;
5 2. An institution, place, building, or agency
6 required to be licensed pursuant to the Hospital
7 Licensing Act;
8 3. Any institution required to be licensed pursuant
9 to the Nursing Home Care Act;
10 4. Hospitals, nursing homes, ambulatory surgical
11 treatment centers, or kidney disease treatment centers
12 maintained by the State or any department or agency
13 thereof; and
14 5. Kidney disease treatment centers, including a
15 free-standing hemodialysis unit.
16 No federally owned facility shall be subject to the
17 provisions of this Act, nor facilities used solely for
18 healing by prayer or spiritual means.
19 No facility licensed under the Supportive Residences
20 Licensing Act or registered under the Assisted Living
21 Establishment Act shall be subject to the provisions of this
22 Act.
23 A facility designated as a supportive living facility
24 that is in good standing with the demonstration project
25 established under Section 5-5.01a of the Illinois Public Aid
26 Code shall not be subject to the provisions of this Act.
27 This Act does not apply to facilities granted waivers
28 under Section 3-102.2 of the Nursing Home Care Act. However,
29 if a demonstration project under that Act applies for a
30 certificate of need to convert to a nursing facility, it
31 shall meet the licensure and certificate of need requirements
32 in effect as of the date of application.
33 With the exception of those health care facilities
34 specifically included in this Section, nothing in this Act
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1 shall be intended to include facilities operated as a part of
2 the practice of a physician or other licensed health care
3 professional, whether practicing in his individual capacity
4 or within the legal structure of any partnership, medical or
5 professional corporation, or unincorporated medical or
6 professional group. Further, this Act shall not apply to
7 physicians or other licensed health care professional's
8 practices where such practices are carried out in a portion
9 of a health care facility under contract with such health
10 care facility by a physician or by other licensed health care
11 professionals, whether practicing in his individual capacity
12 or within the legal structure of any partnership, medical or
13 professional corporation, or unincorporated medical or
14 professional groups. This Act shall apply to construction or
15 modification and to establishment by such health care
16 facility of such contracted portion which is subject to
17 facility licensing requirements, irrespective of the party
18 responsible for such action or attendant financial
19 obligation.
20 "Person" means any one or more natural persons, legal
21 entities, governmental bodies other than federal, or any
22 combination thereof.
23 "Consumer" means any person other than a person (a) whose
24 major occupation currently involves or whose official
25 capacity within the last 12 months has involved the
26 providing, administering or financing of any type of health
27 care facility, (b) who is engaged in health research or the
28 teaching of health, (c) who has a material financial interest
29 in any activity which involves the providing, administering
30 or financing of any type of health care facility, or (d) who
31 is or ever has been a member of the immediate family of the
32 person defined by (a), (b), or (c).
33 "State Board" means the Health Facilities Planning Board.
34 "Construction or modification" means the establishment,
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1 erection, building, alteration, reconstruction,
2 modernization, improvement, extension, discontinuation,
3 change of ownership, of or by a health care facility, or the
4 purchase or acquisition by or through a health care facility
5 of equipment or service for diagnostic or therapeutic
6 purposes or for facility administration or operation, or any
7 capital expenditure made by or on behalf of a health care
8 facility which exceeds the capital expenditure minimum.
9 "Establish" means the construction of a health care
10 facility or the replacement of an existing facility on
11 another site.
12 "Major medical equipment" means medical equipment which
13 is used for the provision of medical and other health
14 services and which costs in excess of the capital expenditure
15 minimum, except that such term does not include medical
16 equipment acquired by or on behalf of a clinical laboratory
17 to provide clinical laboratory services if the clinical
18 laboratory is independent of a physician's office and a
19 hospital and it has been determined under Title XVIII of the
20 Social Security Act to meet the requirements of paragraphs
21 (10) and (11) of Section 1861(s) of such Act. In determining
22 whether medical equipment has a value in excess of the
23 capital expenditure minimum, the value of studies, surveys,
24 designs, plans, working drawings, specifications, and other
25 activities essential to the acquisition of such equipment
26 shall be included.
27 "Capital Expenditure" means an expenditure: (A) made by
28 or on behalf of a health care facility (as such a facility is
29 defined in this Act); and (B) which under generally accepted
30 accounting principles is not properly chargeable as an
31 expense of operation and maintenance, or is made to obtain by
32 lease or comparable arrangement any facility or part thereof
33 or any equipment for a facility or part; and which exceeds
34 the capital expenditure minimum.
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1 For the purpose of this paragraph, the cost of any
2 studies, surveys, designs, plans, working drawings,
3 specifications, and other activities essential to the
4 acquisition, improvement, expansion, or replacement of any
5 plant or equipment with respect to which an expenditure is
6 made shall be included in determining if such expenditure
7 exceeds the capital expenditures minimum. Donations of
8 equipment or facilities to a health care facility which if
9 acquired directly by such facility would be subject to review
10 under this Act shall be considered capital expenditures, and
11 a transfer of equipment or facilities for less than fair
12 market value shall be considered a capital expenditure for
13 purposes of this Act if a transfer of the equipment or
14 facilities at fair market value would be subject to review.
15 "Capital expenditure minimum" means $1,000,000 for major
16 medical equipment and $2,000,000 for all other capital
17 expenditures, both of which shall be annually adjusted to
18 reflect the increase in construction costs due to inflation.
19 "Areawide" means a major area of the State delineated on
20 a geographic, demographic, and functional basis for health
21 planning and for health service and having within it one or
22 more local areas for health planning and health service. The
23 term "region", as contrasted with the term "subregion", and
24 the word "area" may be used synonymously with the term
25 "areawide".
26 "Local" means a subarea of a delineated major area that
27 on a geographic, demographic, and functional basis may be
28 considered to be part of such major area. The term
29 "subregion" may be used synonymously with the term "local".
30 "Areawide health planning organization" or "Comprehensive
31 health planning organization" means the health systems agency
32 designated by the Secretary, Department of Health and Human
33 Services or any successor agency.
34 "Local health planning organization" means those local
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1 health planning organizations that are designated as such by
2 the areawide health planning organization of the appropriate
3 area.
4 "Physician" means a person licensed to practice in
5 accordance with the Medical Practice Act of 1987, as amended.
6 "Licensed health care professional" means a person
7 licensed to practice a health profession under pertinent
8 licensing statutes of the State of Illinois.
9 "Director" means the Director of the Illinois Department
10 of Public Health.
11 "Agency" means the Illinois Department of Public Health.
12 "Comprehensive health planning" means health planning
13 concerned with the total population and all health and
14 associated problems that affect the well-being of people and
15 that encompasses health services, health manpower, and health
16 facilities; and the coordination among these and with those
17 social, economic, and environmental factors that affect
18 health.
19 "Alternative health care model" means a facility or
20 program authorized under the Alternative Health Care Delivery
21 Act.
22 (Source: P.A. 88-18; 89-499, eff. 6-28-96; 89-530, eff.
23 7-19-96; revised 8-15-96.)
24 Section 85. The Nursing Home Care Act is amended by
25 changing Section 1-113 as follows:
26 (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
27 (Text of Section before amendment by P.A. 89-507)
28 Sec. 1-113. "Facility" or "long-term care facility"
29 means a private home, institution, building, residence, or
30 any other place, whether operated for profit or not, or a
31 county home for the infirm and chronically ill operated
32 pursuant to Division 5-21 or 5-22 of the Counties Code, or
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1 any similar institution operated by a political subdivision
2 of the State of Illinois, which provides, through its
3 ownership or management, personal care, sheltered care or
4 nursing for 3 or more persons, not related to the applicant
5 or owner by blood or marriage. It includes skilled nursing
6 facilities and intermediate care facilities as those terms
7 are defined in Title XVIII and Title XIX of the Federal
8 Social Security Act.
9 "Facility" does not include the following:
10 (1) A home, institution, or other place operated by the
11 federal government or agency thereof, or by the State of
12 Illinois;
13 (2) A hospital, sanitarium, or other institution whose
14 principal activity or business is the diagnosis, care, and
15 treatment of human illness through the maintenance and
16 operation as organized facilities therefor, which is required
17 to be licensed under the Hospital Licensing Act;
18 (3) Any "facility for child care" as defined in the
19 Child Care Act of 1969;
20 (4) Any "Community Living Facility" as defined in the
21 Community Living Facilities Licensing Act;
22 (5) Any "community residential alternative" as defined
23 in the Community Residential Alternatives Licensing Act;
24 (6) Any nursing home or sanatorium operated solely by
25 and for persons who rely exclusively upon treatment by
26 spiritual means through prayer, in accordance with the creed
27 or tenets of any well-recognized church or religious
28 denomination. However, such nursing home or sanatorium shall
29 comply with all local laws and rules relating to sanitation
30 and safety;
31 (7) Any facility licensed by the Department of Mental
32 Health and Developmental Disabilities as a
33 community-integrated living arrangement as defined in the
34 Community-Integrated Living Arrangements Licensure and
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1 Certification Act;
2 (8) Any "Supportive Residence" licensed under the
3 Supportive Residences Licensing Act; or
4 (9) Any "supportive living facility" in good standing
5 with the demonstration project established under Section
6 5-5.01a of the Illinois Public Aid Code; and .
7 (10) An assisted living establishment registered under
8 the Assisted Living Establishment Act.
9 (Source: P.A. 89-499, eff. 6-28-96; revised 8-26-96.)
10 (Text of Section after amendment by P.A. 89-507)
11 Sec. 1-113. "Facility" or "long-term care facility"
12 means a private home, institution, building, residence, or
13 any other place, whether operated for profit or not, or a
14 county home for the infirm and chronically ill operated
15 pursuant to Division 5-21 or 5-22 of the Counties Code, or
16 any similar institution operated by a political subdivision
17 of the State of Illinois, which provides, through its
18 ownership or management, personal care, sheltered care or
19 nursing for 3 or more persons, not related to the applicant
20 or owner by blood or marriage. It includes skilled nursing
21 facilities and intermediate care facilities as those terms
22 are defined in Title XVIII and Title XIX of the Federal
23 Social Security Act.
24 "Facility" does not include the following:
25 (1) A home, institution, or other place operated by the
26 federal government or agency thereof, or by the State of
27 Illinois;
28 (2) A hospital, sanitarium, or other institution whose
29 principal activity or business is the diagnosis, care, and
30 treatment of human illness through the maintenance and
31 operation as organized facilities therefor, which is required
32 to be licensed under the Hospital Licensing Act;
33 (3) Any "facility for child care" as defined in the
34 Child Care Act of 1969;
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1 (4) Any "Community Living Facility" as defined in the
2 Community Living Facilities Licensing Act;
3 (5) Any "community residential alternative" as defined
4 in the Community Residential Alternatives Licensing Act;
5 (6) Any nursing home or sanatorium operated solely by
6 and for persons who rely exclusively upon treatment by
7 spiritual means through prayer, in accordance with the creed
8 or tenets of any well-recognized church or religious
9 denomination. However, such nursing home or sanatorium shall
10 comply with all local laws and rules relating to sanitation
11 and safety;
12 (7) Any facility licensed by the Department of Human
13 Services as a community-integrated living arrangement as
14 defined in the Community-Integrated Living Arrangements
15 Licensure and Certification Act;
16 (8) Any "Supportive Residence" licensed under the
17 Supportive Residences Licensing Act; or
18 (9) Any "supportive living facility" in good standing
19 with the demonstration project established under Section
20 5-5.01a of the Illinois Public Aid Code; and .
21 (10) An assisted living establishment registered under
22 the Assisted Living Establishment Act.
23 (Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
24 revised 8-26-96.)
25 Section 95. No acceleration or delay. Where this Act
26 makes changes in a statute that is represented in this Act by
27 text that is not yet or no longer in effect (for example, a
28 Section represented by multiple versions), the use of that
29 text does not accelerate or delay the taking effect of (i)
30 the changes made by this Act or (ii) provisions derived from
31 any other Public Act.
32 Section 99. Effective date. This Act takes effect January
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1 1, 1998.".