State of Illinois
90th General Assembly
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90_HB2224ham001

                                           LRB9000446LDdvam05
 1                    AMENDMENT TO HOUSE BILL 2224
 2        AMENDMENT NO.     .  Amend House Bill 2224  by  replacing
 3    the title with the following:
 4        "AN  ACT  to  amend the Nursing Home Care Act by changing
 5    Section 1-113."; and
 6    by replacing everything after the enacting  clause  with  the
 7    following:
 8        "Section  5.   The  Nursing  Home  Care Act is amended by
 9    changing Section 1-113 as follows:
10        (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
11        (Text of Section before amendment by P.A. 89-507)
12        Sec. 1-113.   "Facility"  or  "long-term  care  facility"
13    means  a  private  home, institution, building, residence, or
14    any other place, whether operated for profit  or  not,  or  a
15    county  home  for  the  infirm  and  chronically ill operated
16    pursuant to Division 5-21 or 5-22 of the Counties Code, or  a
17    any  similar  institution operated by a political subdivision
18    of  the  State  of  Illinois,  which  provides,  through  its
19    ownership or management, personal  care,  sheltered  care  or
20    nursing  for  3 or more persons, not related to the applicant
21    or owner by blood or marriage.  It includes  skilled  nursing
                            -2-            LRB9000446LDdvam05
 1    facilities  and  intermediate  care facilities as those terms
 2    are defined in Title XVIII  and  Title  XIX  of  the  Federal
 3    Social Security Act.
 4        "Facility" does not include the following:
 5        (1)  A  home, institution, or other place operated by the
 6    federal government or agency thereof,  or  by  the  State  of
 7    Illinois;
 8        (2)  A  hospital,  sanitarium, or other institution whose
 9    principal activity or business is the  diagnosis,  care,  and
10    treatment  of  human  illness  through  the  maintenance  and
11    operation as organized facilities therefor, which is required
12    to be licensed under the Hospital Licensing Act;
13        (3)  Any  "facility  for  child  care"  as defined in the
14    Child Care Act of 1969;
15        (4)  Any "Community Living Facility" as  defined  in  the
16    Community Living Facilities Licensing Act;
17        (5)  Any  "community  residential alternative" as defined
18    in the Community Residential Alternatives Licensing Act;
19        (6)  Any nursing home or sanatorium  operated  solely  by
20    and  for  persons  who  rely  exclusively  upon  treatment by
21    spiritual means through prayer, in accordance with the  creed
22    or   tenets   of  any  well-recognized  church  or  religious
23    denomination. However, a  such  nursing  home  or  sanatorium
24    shall  comply  with  all  local  laws  and  rules relating to
25    sanitation and safety;
26        (7)  Any facility licensed by the  Department  of  Mental
27    Health     and     Developmental     Disabilities     as    a
28    community-integrated living arrangement  as  defined  in  the
29    Community-Integrated   Living   Arrangements   Licensure  and
30    Certification Act;
31        (8)  Any  "Supportive  Residence"  licensed   under   the
32    Supportive Residences Licensing Act; or
33        (9)  Any  "supportive  living  facility" in good standing
34    with the  demonstration  project  established  under  Section
                            -3-            LRB9000446LDdvam05
 1    5-5.01a of the Illinois Public Aid Code.
 2    (Source: P.A. 89-499, eff. 6-28-96; revised 8-26-96.)
 3        (Text of Section after amendment by P.A. 89-507)
 4        Sec.  1-113.   "Facility"  or  "long-term  care facility"
 5    means a private home, institution,  building,  residence,  or
 6    any  other  place,  whether  operated for profit or not, or a
 7    county home for  the  infirm  and  chronically  ill  operated
 8    pursuant  to Division 5-21 or 5-22 of the Counties Code, or a
 9    any similar institution operated by a  political  subdivision
10    of  the  State  of  Illinois,  which  provides,  through  its
11    ownership  or  management,  personal  care, sheltered care or
12    nursing for 3 or more persons, not related to  the  applicant
13    or  owner  by blood or marriage.  It includes skilled nursing
14    facilities and intermediate care facilities  as  those  terms
15    are  defined  in  Title  XVIII  and  Title XIX of the Federal
16    Social Security Act.
17        "Facility" does not include the following:
18        (1)  A home, institution, or other place operated by  the
19    federal  government  or  agency  thereof,  or by the State of
20    Illinois;
21        (2)  A hospital, sanitarium, or other  institution  whose
22    principal  activity  or  business is the diagnosis, care, and
23    treatment  of  human  illness  through  the  maintenance  and
24    operation as organized facilities therefor, which is required
25    to be licensed under the Hospital Licensing Act;
26        (3)  Any "facility for child  care"  as  defined  in  the
27    Child Care Act of 1969;
28        (4)  Any  "Community  Living  Facility" as defined in the
29    Community Living Facilities Licensing Act;
30        (5)  Any "community residential alternative"  as  defined
31    in the Community Residential Alternatives Licensing Act;
32        (6)  Any  nursing  home  or sanatorium operated solely by
33    and for  persons  who  rely  exclusively  upon  treatment  by
34    spiritual  means through prayer, in accordance with the creed
                            -4-            LRB9000446LDdvam05
 1    or  tenets  of  any  well-recognized  church   or   religious
 2    denomination.  However,  a  such  nursing  home or sanatorium
 3    shall comply with  all  local  laws  and  rules  relating  to
 4    sanitation and safety;
 5        (7)  Any  facility  licensed  by  the Department of Human
 6    Services as  a  community-integrated  living  arrangement  as
 7    defined   in  the  Community-Integrated  Living  Arrangements
 8    Licensure and Certification Act;
 9        (8)  Any  "Supportive  Residence"  licensed   under   the
10    Supportive Residences Licensing Act; or
11        (9)  Any  "supportive  living  facility" in good standing
12    with the  demonstration  project  established  under  Section
13    5-5.01a of the Illinois Public Aid Code.
14    (Source:  P.A.  89-499,  eff.  6-28-96;  89-507, eff. 7-1-97;
15    revised 8-26-96.)
16        Section 95.  No acceleration or delay.   Where  this  Act
17    makes changes in a statute that is represented in this Act by
18    text  that  is not yet or no longer in effect (for example, a
19    Section represented by multiple versions), the  use  of  that
20    text  does  not  accelerate or delay the taking effect of (i)
21    the changes made by this Act or (ii) provisions derived  from
22    any other Public Act.".

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