State of Illinois
91st General Assembly
Legislation

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91_HB0427

 
                                               LRB9101210JSpc

 1        AN ACT to create the Assisted Living and  Shared  Housing
 2    Act, amending named Acts.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 1.  Short title. This Act may  be  cited  as  the
 6    Assisted Living and Shared Housing Act.

 7        Section 5.  Legislative purpose.  The purpose of this Act
 8    is  to  permit   the development and availability of assisted
 9    living establishments and shared housing establishments based
10    on a social model  that promotes the dignity,  individuality,
11    privacy, independence, autonomy,  and decision-making ability
12    and  the  right  to  negotiated  risk   of  those persons; to
13    provide  for  the  health,  safety,  and   welfare  of  those
14    residents residing in  assisted  living  and  shared  housing
15    establishments  in this State; to promote  continuous quality
16    improvement  in  assisted  living;  and  to   encourage   the
17    development  of  innovative and  affordable  assisted  living
18    establishments   and    shared    housing    with     service
19    establishments for elderly persons of all income  levels.  It
20    is  the  public policy of this State that assisted  living is
21    an important part of the continuum  of  long-term  care.   In
22    support  of  the goal of aging in place within the parameters
23    established by this Act, assisted  living and shared  housing
24    establishments shall  be operated as residential environments
25    with  supportive   services  designed  to meet the individual
26    resident's changing  needs and preferences.  The  residential
27    environment  shall  be   designed  to  encourage  family  and
28    community  involvement.  The services available to residents,
29    either directly  or  through  contracts  or  agreements,  are
30    intended   to   help  residents   remain  as  independent  as
31    possible. Assisted living, which  promotes  resident  choice,
 
                            -2-                LRB9101210JSpc
 1    autonomy, and decision making, should  be based on a contract
 2    model  designed  to result in a  negotiated agreement between
 3    the resident  or    the  resident's  representative  and  the
 4    provider,  clearly  identifying  the services to be provided.
 5    This model assumes that residents are able to direct services
 6    provided for them and  will  designate  a  representative  to
 7    direct these services if they themselves are unable to do so.
 8    This   model   supports  the  principle   that  there  is  an
 9    acceptable  balance   between    consumer    protection   and
10    resident  willingness to accept risk and that  most consumers
11    are competent to make their own judgments about the  services
12    they   are   obtaining.    Regulation    of  assisted  living
13    establishments and  shared  housing  establishments  must  be
14    sufficiently  flexible  to  allow  residents  to age in place
15    within the parameters of this Act. The administration of this
16    Act and services provided  must  therefore  ensure  that  the
17    residents  have the rights and responsibilities to direct the
18    scope of services they receive and to make individual choices
19    based on their needs and preferences.   These  establishments
20    shall  be  operated  in  a  manner  that  provides  the least
21    restrictive and most home-like environment and that  promotes
22    independence,  autonomy, individuality, privacy, dignity, and
23    the right to negotiated risk in residential surroundings.  It
24    is not the intent of the State that  establishments  licensed
25    under  this  Act  be  used as half-way houses for alcohol and
26    substance abusers.

27        Section 10.  Definitions. For purposes of this Act:
28        "Activities of  daily  living"  means  eating,  dressing,
29    bathing, toileting, transferring, or personal hygiene.
30        "Advisory  Board"  means  the  Assisted Living and Shared
31    Housing Advisory Board.
32        "Assisted living establishment" or "establishment"  means
33    a  home,  building,  residence,  or  any  other  place  where
 
                            -3-                LRB9101210JSpc
 1    sleeping accommodations are provided for at least 3 unrelated
 2    adults, at least 80% of whom are 55 years of age or older and
 3    where   the  following   are  provided  consistent  with  the
 4    purposes of this Act:
 5             (1)  services consistent with a social model that is
 6        based on the premise that the resident's unit in assisted
 7        living and shared housing is his or her own home;
 8             (2)  community-based residential  care  for  persons
 9        who  need  assistance  with  activities  of daily living,
10        including  personal,    supportive,    and   intermittent
11        health-related  services  available  24 hours per day, if
12        needed, to meet the scheduled and unscheduled needs of  a
13        resident;
14             (3)  mandatory  services,  whether provided directly
15        by the establishment or by another entity arranged for by
16        the establishment, with the consent of  the  resident  or
17        resident's representative;  and
18             (4)  a  physical  environment  that  is  a  homelike
19        setting  that  includes  the  following  and  such  other
20        elements  as established by the Department in conjunction
21        with the Assisted  Living  and  Shared  Housing  Advisory
22        Board:  individual  living  units  each  of  which  shall
23        accommodate  small kitchen appliances and contain private
24        bathing,  washing,  and  toilet  facilities,  or  private
25        washing and toilet facilities with a common bathing  room
26        readily  accessible  to  each  resident.   Units shall be
27        maintained for single occupancy except in cases in  which
28        2  residents  choose  to  share a unit. Sufficient common
29        space  shall  exist  to  permit  individual   and   group
30        activities.
31        "Assisted  living  establishment" or "establishment" does
32    not mean any of the following:
33             (1)  A home, institution, or similar place  operated
34        by the federal government or the State of Illinois.
 
                            -4-                LRB9101210JSpc
 1             (2)  A  long-term  care  facility licensed under the
 2        Nursing Home Care Act. However, a long term care facility
 3        may convert  distinct parts of the facility  to  assisted
 4        living.   If the long-term care facility elects to do so,
 5        the facility shall retain the Certificate of Need for its
 6        nursing beds that were converted.
 7             (3)  A hospital, sanitarium, or  other  institution,
 8        the  principal  activity  or  business  of  which  is the
 9        diagnosis, care, and treatment of human illness and  that
10        is  required  to be licensed under the Hospital Licensing
11        Act.
12             (4)  A facility for child care  as  defined  in  the
13        Child Care Act of 1969.
14             (5)  A  community  living facility as defined in the
15        Community Living Facilities Licensing Act.
16             (6)  A nursing home or sanitarium operated solely by
17        and for persons who rely exclusively  upon  treatment  by
18        spiritual  means  through  prayer  in accordance with the
19        creed or tenants of a well-recognized church or religious
20        denomination.
21             (7)  A facility licensed by the Department of  Human
22        Services  as a community-integrated living arrangement as
23        defined in the Community-Integrated  Living  Arrangements
24        Licensure and Certification Act.
25             (8)  A   supportive  residence  licensed  under  the
26        Supportive Residences Licensing Act.
27             (9)  A life care facility as  defined  in  the  Life
28        Care Facilities Act; a life care facility may apply under
29        this Act to convert sections of the community to assisted
30        living.
31             (10)  A free-standing hospice facility.
32             (11)  A shared housing establishment.
33             (12)  A  supportive  living facility as described in
34        Section 5-5.0la of the Illinois Public Aid Code.
 
                            -5-                LRB9101210JSpc
 1        "Department" means the Department on Aging.
 2        "Director" means the Director of Aging.
 3        "Emergency situation" means imminent danger of  death  or
 4    serious   physical  or  mental  harm  to  a  resident  of  an
 5    establishment.
 6        "License" means any of the following  types  of  licenses
 7    issued to an applicant or licensee by the Department:
 8             (1)  "Probationary  license"  means a license issued
 9        to an applicant or licensee that has not held  a  license
10        under this Act prior to its application.
11             (2)  "Regular license" means a license issued by the
12        Department  to  an  applicant  or  licensee  that  is  in
13        substantial  compliance  with  this  Act  and  any  rules
14        promulgated under this Act.
15        "Licensee"   means   a   person,   agency,   association,
16    corporation,  partnership,  or  organization  that  has  been
17    issued  a  license  to  operate  an assisted living or shared
18    housing establishment.
19        "Mandatory services" include the following:
20             (1)  3 meals per  day  available  to  the  residents
21        prepared by the establishment or an outside contractor;
22             (2)  housekeeping   services   including,   but  not
23        limited  to,  vacuuming,  dusting,   and   cleaning   the
24        resident's unit;
25             (3)  personal  laundry  and linen services available
26        to  the  residents  provided  or  arranged  for  by   the
27        establishment;
28             (4)  security  provided 24 hours each day including,
29        but not limited  to,  locked  entrances  or  building  or
30        contract security personnel;
31             (5)  an  emergency  communication  response  system,
32        which  is a procedure in place 24 hours each day by which
33        a resident can notify building management,  an  emergency
34        response  vendor, or others able to respond to his or her
 
                            -6-                LRB9101210JSpc
 1        need for assistance; and
 2             (6)  assistance with activities of daily  living  as
 3        required by each resident.
 4        "Negotiated  risk" is the process by which a resident, or
 5    his or her representative,    may   formally  negotiate  with
 6    providers what risks each are willing and unwilling to assume
 7    in  service  provision and the resident's living environment.
 8    The provider assures that the  resident  and  the  resident's
 9    representative,  if  any,  are informed of the risks of these
10    decisions and of the potential consequences of assuming these
11    risks.
12        "Owner" means the individual,  partnership,  corporation,
13    association,  or  other person who owns an assisted living or
14    shared housing  establishment.   In  the  event  an  assisted
15    living  or  shared  housing  establishment  is  operated by a
16    person who leases or manages the  physical  plant,  which  is
17    owned  by  another  person,  "owner"  means  the  person  who
18    operates the assisted living or shared housing establishment,
19    except  that  if the person who owns the physical plant is an
20    affiliate of the person who operates the assisted  living  or
21    shared housing establishment and has significant control over
22    the  day  to  day operations of the assisted living or shared
23    housing establishment, the person who owns the physical plant
24    shall  incur  jointly  and  severally  with  the  owner   all
25    liabilities imposed on an owner under this Act.
26        "Physician"  means  a  person  licensed under the Medical
27    Practice Act of 1987 to  practice  medicine  in  all  of  its
28    branches.
29        "Resident"  means a person residing in an assisted living
30    or shared housing establishment.
31        "Resident's representative" means a  person,  other  than
32    the  owner,  agent, or employee of an establishment or of the
33    health  care  provider  unless  related  to   the   resident,
34    designated  in  writing  by  a  resident  to  be  his  or her
 
                            -7-                LRB9101210JSpc
 1    representative or the resident's guardian, who  is  available
 2    and  agrees  to  participate  in directing the services to be
 3    provided to the resident.
 4        "Self"  means  the   individual   or   the   individual's
 5    designated representative.
 6        "Shared housing establishment" or "establishment" means a
 7    publicly  or  privately operated free standing  residence for
 8    12 or fewer persons, at least 80% of whom are 55 years of age
 9    or older  and who are unrelated to the owners and one manager
10    of the residence, where the following are provided:
11             (1)  services consistent with a social model that is
12        based on the premise that the resident's unit is  his  or
13        her own home;
14             (2)  community-based  residential  care  for persons
15        who need assistance  with  activities  of  daily  living,
16        including   housing   and   personal,   supportive,   and
17        intermittent  health-related  services available 24 hours
18        per day, if needed, to meet the scheduled and unscheduled
19        needs of a resident; and
20             (3)  mandatory services, whether  provided  directly
21        by the establishment or by another entity arranged for by
22        the  establishment,  with  the consent of the resident or
23        the resident's representative.
24        "Shared housing establishment"  or  "establishment"  does
25    not mean any of the following:
26             (1)  A  home, institution, or similar place operated
27        by the federal government or the State of Illinois.
28             (2)  A long-term care facility  licensed  under  the
29        Nursing  Home  Care  Act.  A long term care facility may,
30        however, convert sections of  the  facility  to  assisted
31        living.   If the long-term care facility elects to do so,
32        the facility shall retain the Certificate of Need for its
33        nursing beds that were converted.
34             (3)  A hospital, sanitarium, or  other  institution,
 
                            -8-                LRB9101210JSpc
 1        the  principal  activity  or  business  of  which  is the
 2        diagnosis, care, and treatment of human illness and  that
 3        is  required  to be licensed under the Hospital Licensing
 4        Act.
 5             (4)  A facility for child care  as  defined  in  the
 6        Child Care Act of 1969.
 7             (5)  A  community  living facility as defined in the
 8        Community Living Facilities Licensing Act.
 9             (6)  A nursing home or sanitarium operated solely by
10        and for persons who rely exclusively  upon  treatment  by
11        spiritual  means  through  prayer  in accordance with the
12        creed or tenants of a well-recognized church or religious
13        denomination.
14             (7)  A facility licensed by the Department of  Human
15        Services as a community-intergrated living arrangement as
16        defined  in  the Community-Integrated Living Arrangements
17        Licensure and Certification Act.
18             (8)  A  supportive  residence  licensed  under   the
19        Supportive Residences Licensing Act.
20             (9)  A  life  care  facility  as defined in the Life
21        Care Facilities Act; a life care facility may apply under
22        this Act to convert sections of the community to assisted
23        living.
24             (10)  A free-standing hospice facility.
25             (11)  An assisted living establishment.
26             (12)  A supportive living facility as  described  in
27        Section 5-5.01a of the Illinois Public Aid Code.
28        "Total assistance" means that staff or another individual
29    performs   the   entire  activity  of  daily  living  without
30    participation by the resident.

31        Section 15.  Assessment and  service  plan  requirements.
32    Prior to admission  to any establishment covered by this Act,
33    a comprehensive assessment that includes an evaluation of the
 
                            -9-                LRB9101210JSpc
 1    prospective  resident's physical, cognitive, and psychosocial
 2    condition    shall  be  completed.    At  least  annually,  a
 3    comprehensive  assessment  shall  be  completed,   and   upon
 4    identification  of  a  significant  change  in the resident's
 5    condition,   the   resident   shall   be   reassessed.    The
 6    comprehensive assessment shall be completed by  a  physician.
 7    Based  on  the  assessment,  a  written service plan shall be
 8    developed and mutually agreed upon by the  provider  and  the
 9    resident. The service plan, which shall be reviewed annually,
10    or  more  often  as the resident's condition, preferences, or
11    service needs change, shall serve as a basis for the  service
12    delivery  contract  between  the  provider  and the resident.
13    Based on the assessment, the service plan may provide for the
14    disconnection or removal of any appliance.

15        Section 20.  Construction and  operating  standards.  The
16    Department,  in  consultation  with the Advisory Board, shall
17    prescribe  minimum  standards  for   establishments.    These
18    standards shall include:
19             (1)  the    location   and   construction   of   the
20        establishment,  including  plumbing,  heating,  lighting,
21        ventilation, and other physical  conditions  which  shall
22        ensure  the  health, safety, and comfort of residents and
23        their protection from fire hazards; these standards shall
24        include, at a minimum, compliance with the National  Fire
25        Protection  Association's  Life  Safety  Code  Chapter 21
26        (1985), local and State building codes for  the  building
27        type,  and  accessibility standards of the Americans with
28        Disabilities Act;
29             (2)  the number and qualifications of all  personnel
30        having  responsibility  for  any  part  of  the  services
31        provided for  residents;
32             (3)  all     sanitary    conditions    within    the
33        establishment  and  its  surroundings,  including   water
 
                            -10-               LRB9101210JSpc
 1        supply,   sewage   disposal,   food  handling,  infection
 2        control, and general  hygiene,  which  shall  ensure  the
 3        health and comfort of residents;
 4             (4)  a  program for adequate maintenance of physical
 5        plant and equipment;
 6             (5)  adequate accommodations,  staff,  and  services
 7        for  the  number  and  types  of  residents  for whom the
 8        establishment is licensed;
 9             (6)  the  development  of   evacuation   and   other
10        appropriate  safety plans for use during weather, health,
11        fire, physical plant, environmental, and national defense
12        emergencies; and
13             (7)  the maintenance of minimum financial and  other
14        resources  necessary  to  meet  the standards established
15        under this Section and to operate  the  establishment  in
16        accordance with this Act.

17        Section   25.  License   requirement.     No  person  may
18    establish, operate, maintain, or offer an establishment as an
19    assisted living establishment or shared housing establishment
20    as defined by the Act within this State unless and  until  he
21    or  she  obtains  a valid license, which remains unsuspended,
22    unrevoked, and unexpired.  No public official or employee may
23    place any person in, or recommend that any person  be  placed
24    in,  or directly or indirectly cause any  person to be placed
25    in any establishment that is being operated without  a  valid
26    license.  An  entity  that  operates as an assisted living or
27    shared housing establishment as defined by this Act without a
28    license  shall  be  subject  to  the  provisions,   including
29    penalties, of the Nursing Home Care Act.  No entity shall use
30    in its name or advertise "assisted living" unless licensed as
31    an  assisted  living  establishment  under  this  Act or as a
32    shelter care facility under the Nursing Home  Care  Act  that
33    also meets the definition of an assisted living establishment
 
                            -11-               LRB9101210JSpc
 1    under   this  Act,  except  a  shared  housing  establishment
 2    licensed  under  this  Act  may  advertise  assisted   living
 3    services.

 4        Section 30.  Licensing.
 5        (a)  The  Department,  in consultation with the  Advisory
 6    Board, shall establish by rule forms,  procedures,  and  fees
 7    for  the  annual  licensing  of   assisted  living and shared
 8    housing establishments; shall establish and enforce sanctions
 9    and penalties for operating in violation  of  this  Act,   as
10    provided  in Section  125 of this Act and rules adopted under
11    Section 105 of this Act.  The  Department  shall  conduct  an
12    annual on-site review for each establishment  covered by this
13    Act,  which  shall include, but not be limited to, compliance
14    with this Act and rules adopted hereunder, focus  on  solving
15    resident  issues  and  concerns,  and the quality improvement
16    process implemented by the establishment to address  resident
17    issues.   The  quality improvement process implemented by the
18    establishment  must    benchmark  performance;  be   customer
19    centered; be data driven; and focus on resident satisfaction.
20        (b)  An   establishment   shall   provide  the  following
21    information to the Department to be considered for licensure:
22             (1)  the  business  name,  street  address,  mailing
23        address, and telephone number of the establishment;
24             (2)  the name and mailing address of  the  owner  or
25        owners  of  the  establishment and if the owner or owners
26        are not natural persons, identification of  the  type  of
27        business   entity  of  the  owners,  and  the  names  and
28        addresses of the officers and members  of  the  governing
29        body,  or  comparable  persons  for partnerships, limited
30        liability  companies,  or   other   types   of   business
31        organizations;
32             (3)  the  name  and mailing address of the  managing
33        agent  of  the  establishment,  whether  hired   under  a
 
                            -12-               LRB9101210JSpc
 1        management agreement or lease  agreement,  if   different
 2        from  the  owner or owners, and the name of the full-time
 3        director;
 4             (4)  verification   that   the   establishment   has
 5        entered or will enter into a service delivery contract as
 6        provided in Section 90, as required under this Act,  with
 7        each resident or resident's representative;
 8             (5)  the name and address of at  least  one  natural
 9        person  who  shall  be  responsible  for dealing with the
10        Department on all matters provided for in  this  Act,  on
11        whom  personal service of all notices and orders shall be
12        made, and who shall be authorized to  accept  service  on
13        behalf  of  the  owner  or owners and the managing agent.
14        Notwithstanding a contrary provision of the Code of Civil
15        Procedure, personal  service  on  the  person  identified
16        pursuant  to  this subsection shall be considered service
17        on the owner or owners and the  managing  agent,  and  it
18        shall  not  be  a  defense  to  any  action that personal
19        service was not made on each individual or entity;
20             (6)  the signature of the authorized  representative
21        of the owner or owners;
22             (7)  proof of an ongoing quality improvement program
23        in  accordance  with  rules  adopted by the Department in
24        collaboration with the   Advisory Board;
25             (8)  information  about  the  number  and  types  of
26        units,  the  maximum  census,  and  the  services  to  be
27        provided at the establishment, proof of  compliance  with
28        applicable  State  and local residential standards, and a
29        copy of the standard contract offered to residents;
30             (9)  documentation of adequate liability  insurance;
31        and
32             (10)  other  information  necessary to determine the
33        identity and qualifications of an applicant  or  licensee
34        to  operate  an establishment in accordance with this Act
 
                            -13-               LRB9101210JSpc
 1        as required by the Department by rule.
 2        (c)  The information in the statement of ownership  shall
 3    be  public  information  and  shall  be  available  from  the
 4    Department.

 5        Section 35.  Issuance of license.
 6        (a)  Upon  receipt  and  review  of  an application for a
 7    license  and  review  of  the  applicant  establishment,  the
 8    Director  may issue a license if he or she finds:
 9             (1)  that   the   individual   applicant,   or   the
10        corporation,  partnership,  or  other   entity   if   the
11        applicant  is  not an individual, is a person responsible
12        and suitable to operate or to direct  or  participate  in
13        the  operation of an establishment by virtue of financial
14        capacity,   appropriate    business    or    professional
15        experience,  a  record  of  lawful compliance with lawful
16        orders of the Department and  lack  of  revocation  of  a
17        license  issued  under  this Act or the Nursing Home Care
18        Act during the previous 5 years;
19             (2)  that the establishment is under the supervision
20        of a full-time director who is at least 21 years  of  age
21        with ability, training, and education appropriate to meet
22        the  needs  of the residents and to manage the operations
23        of the establishment  and  who  participates  in  ongoing
24        training for these purposes;
25             (3)  that  the establishment has staff sufficient in
26        number with qualifications, adequate  skills,  education,
27        and   experience  to  meet  the  24  hour  scheduled  and
28        unscheduled needs of residents  and  who  participate  in
29        ongoing training to serve the resident population;
30             (4)  that direct care staff meet the requirements of
31        the Health Care Worker Background Check Act;
32             (5)  that the applicant is in substantial compliance
33        with  this  Act and such other requirements for a license
 
                            -14-               LRB9101210JSpc
 1        as the Department by rule may establish under this Act;
 2             (6)  that the applicant pays all required fees;
 3             (7)  that  the  applicant  has   provided   to   the
 4        Department  an accurate disclosure document in accordance
 5        with the Alzheimer's Special Care Disclosure Act.
 6        Any license  issued  by  the  Director  shall  state  the
 7    physical  location of the establishment, the date the license
 8    was issued, and the expiration date.  All licenses  shall  be
 9    valid  for  one year, except as provided in Section 40.  Each
10    license shall be issued only for  the  premises  and  persons
11    named  in  the  application, and shall not be transferable or
12    assignable.

13        Section 40.  Probationary licenses.    If  the  applicant
14    has  not  been  previously  licensed under this Act or if the
15    establishment is not in operation at the time the application
16    is made, the Department may issue a probationary license.   A
17    probationary  license  shall  be  valid  for  120 days unless
18    sooner suspended or revoked.  Within 30  days  prior  to  the
19    termination  of  a probationary license, the Department shall
20    fully and completely review the  establishment  and,  if  the
21    establishment   meets   the   applicable   requirements   for
22    licensure,  shall  issue  a license.  If the Department finds
23    that the establishment does not  meet  the  requirements  for
24    licensure,  but  has made substantial progress toward meeting
25    those requirements, the license may be  renewed  once  for  a
26    period not to exceed 120 days from the expiration date of the
27    initial probationary license.

28        Section  45.  Renewal  of  licenses.   At least 120 days,
29    but not more than 150 days prior to license  expiration,  the
30    licensee  shall  submit  an  application  for  renewal of the
31    license in such form and containing such information  as  the
32    Department  requires.   If  the  application is approved, the
 
                            -15-               LRB9101210JSpc
 1    license shall be renewed for an additional one  year  period.
 2    If appropriate, the renewal application shall not be approved
 3    unless  the  applicant  has  provided  to  the  Department an
 4    accurate  disclosure  document   in   accordance   with   the
 5    Alzheimer's  Special Care Disclosure Act.  If the application
 6    for renewal is not timely  filed,  the  Department  shall  so
 7    inform the licensee.

 8        Section 50.  Transfer of ownership.
 9        (a)  Whenever    ownership   of   an   establishment   is
10    transferred from the person named in the license to any other
11    person,  the  transferee  must  obtain  a  new   probationary
12    license.    The transferee shall notify the Department of the
13    transfer and apply for a new license at least 30  days  prior
14    to final transfer.
15        (b)  The  transferor shall notify the Department at least
16    30 days prior to final transfer.  The transferor shall remain
17    responsible for the operation of the establishment until such
18    time as a license is issued to the transferee.

19        Section  55.  Grounds  for  denial  of  a  license.    An
20    application for a license  may  be  denied  for  any  of  the
21    following reasons:
22             (1)  failure  to meet any of the standards set forth
23        in this Act or by rules adopted by the  Department  under
24        this Act;
25             (2)  conviction   of   the   applicant,  or  if  the
26        applicant is a firm, partnership, or association, of  any
27        of  its  members,  or if a corporation, the conviction of
28        the corporation or any of its officers  or  stockholders,
29        or  of  the  person designated to manage or supervise the
30        establishment, of a felony or of 2 or  more  misdemeanors
31        involving moral turpitude, during the previous 5 years as
32        shown  by  a certified copy of the record of the court of
 
                            -16-               LRB9101210JSpc
 1        conviction;
 2             (3)  personnel insufficient in number or unqualified
 3        by training  or  experience  to  properly  care  for  the
 4        residents;
 5             (4)  insufficient  financial  or  other resources to
 6        operate and conduct the establishment in accordance  with
 7        standards adopted by the Department under this Act;
 8             (5)  revocation  of the establishment license during
 9        the previous 5 years, if such prior license was issued to
10        the  individual  applicant,  a   controlling   owner   or
11        controlling  combination  of  owners of the applicant; or
12        any affiliate of the individual applicant or  controlling
13        owner  of  the  applicant  and such individual applicant,
14        controlling owner of the applicant or  affiliate  of  the
15        applicant  was  a controlling owner of the prior license;
16        provided, however, that the denial of an application  for
17        a  license  pursuant to this Section must be supported by
18        evidence that the prior revocation renders the  applicant
19        unqualified  or  incapable  of  meeting or maintaining an
20        establishment in accordance with the standards and  rules
21        adopted by the Department under this Act; or
22             (6)  the  establishment  is  not  under  the  direct
23        supervision of a full-time director, as defined by rule.

24        Section  60.  Notice  of  denial;  request  for  hearing;
25    hearing.
26        (a)  Immediately  upon  the  denial of any application or
27    reapplication for a license under this  Act,  the  Department
28    shall  notify  the  applicant  in  writing.  Notice of denial
29    shall include a clear and concise statement of the violations
30    of this Act on which the denial is based and  notice  of  the
31    opportunity  for  a  hearing.   If  the applicant or licensee
32    wishes to contest the denial of a license, it  shall  provide
33    written  notice  to the Department of a request for a hearing
 
                            -17-               LRB9101210JSpc
 1    within 10 days after receipt of the notice  of  denial.   The
 2    Department shall commence a hearing under this Section.
 3        (b)  A  request  for a hearing by aggrieved persons shall
 4    be taken to the Department as follows:
 5             (1)  Upon the receipt of a request in writing for  a
 6        hearing,  the  Director or a person designated in writing
 7        by the Director to act as a hearing officer shall conduct
 8        a hearing to review the decision.
 9             (2)  Before  the  hearing  is  held  notice  of  the
10        hearing shall be sent by the  Department  to  the  person
11        making  the  request  for  the  hearing and to the person
12        making the decision which  is  being  reviewed.   In  the
13        notice  the  Department shall specify the date, time, and
14        place of the hearing, which shall be held not  less  than
15        10  days  after  the  notice is mailed or delivered.  The
16        notice shall designate the decision being reviewed.   The
17        notice  may  be served by delivering it personally to the
18        parties or their representatives  or  by  mailing  it  by
19        certified mail to the parties' addresses.
20             (3)  The   Department  shall  commence  the  hearing
21        within 30 days after the receipt of request for  hearing.
22        The   hearing   shall   proceed   as   expeditiously   as
23        practicable,  but  in  all cases shall conclude within 90
24        days after commencement.
25        (c)  The Director or hearing  officer  shall  permit  any
26    party to appear in person and to be represented by counsel at
27    the hearing, at which time the applicant or licensee shall be
28    afforded  an  opportunity  to  present all relevant matter in
29    support of  his  or  her  position.   In  the  event  of  the
30    inability  of  any  party  or  the  Department to procure the
31    attendance of witnesses to give testimony  or  produce  books
32    and  papers,  any  party  or  the  Department  may  take  the
33    deposition  of witnesses in accordance with the provisions of
34    the laws of this State.  All testimony shall  be  reduced  to
 
                            -18-               LRB9101210JSpc
 1    writing,  and  all testimony and other evidence introduced at
 2    the hearing shall be a part of the record of the hearing.
 3        (d)  The Director or hearing officer shall make  findings
 4    of  fact in the hearing, and the Director shall render his or
 5    her decision within 30 days  after  the  termination  of  the
 6    hearing,  unless  additional  time  not  to exceed 90 days is
 7    required by him or  her  for  a  proper  disposition  of  the
 8    matter.   When  the  hearing  has been conducted by a hearing
 9    officer, the Director shall review the record and findings of
10    fact before rendering a decision.  All decisions rendered  by
11    the  Director  shall be binding upon and complied with by the
12    Department, the establishment, or the persons involved in the
13    hearing, as appropriate to each case.

14        Section 65.   Revocation, suspension, or refusal to renew
15    license.
16        (a)  The Department, after notice  to  the  applicant  or
17    licensee,  may  suspend, revoke, or refuse to renew a license
18    in any  case  in  which  the  Department  finds  any  of  the
19    following:
20             (1)  that  there  has  been a substantial failure to
21        comply with this Act or  the  rules  promulgated  by  the
22        Department under this Act;
23             (2)  that   there  has  been  a  conviction  of  the
24        licensee, or  of  the  person  designated  to  manage  or
25        supervise  the establishment, of a felony or of 2 or more
26        misdemeanors  involving  moral  turpitude,   during   the
27        previous  5  years  as  shown  by a certified copy of the
28        record of the court of conviction;
29             (3)  that the personnel is insufficient in number or
30        unqualified by training or experience  to  properly  care
31        for  the  number  and  type  of  residents  served by the
32        establishment;
33             (4)  that  the  financial  or  other  resources  are
 
                            -19-               LRB9101210JSpc
 1        insufficient to conduct and operate the establishment  in
 2        accordance  with  standards promulgated by the Department
 3        under this Act; or
 4             (5)  that the establishment is not under the  direct
 5        supervision of a full-time director, as defined by rule.
 6        (b)  Notice  under this Section shall include a clear and
 7    concise statement of the violations on which  the  nonrenewal
 8    or  revocation  is  based,  the statute or rule violated, and
 9    notice of the opportunity for a hearing under Section 60.
10        (c)  If  an  establishment   desires   to   contest   the
11    nonrenewal  or  revocation  of  a  license, the establishment
12    shall,  within  10  days  after  receipt  of   notice   under
13    subsection  (b)  of  this  Section,  notify the Department in
14    writing of its request  for a hearing under Section 60.  Upon
15    receipt of the request the Department shall  send  notice  to
16    the  establishment  and  hold  a  hearing  as  provided under
17    Section 60.
18        (d)  The effective date of nonrenewal or revocation of  a
19    license by the Department shall be any of the following:
20             (1)  until  otherwise  ordered by the circuit court,
21        revocation is effective on the date set by the Department
22        in the notice of revocation, or upon final  action  after
23        hearing under Section 60, whichever is later;
24             (2)  until  otherwise  ordered by the circuit court,
25        nonrenewal is effective on the date of expiration of  any
26        existing  license,  or  upon  final  action after hearing
27        under Section 60, whichever is later;  however, a license
28        shall not be deemed to have  expired  if  the  Department
29        fails  to  timely respond to a timely request for renewal
30        under this Act or for a hearing to contest nonrenewal; or
31             (3)  the Department may extend the effective day  of
32        license  revocation or expiration in any case in order to
33        permit orderly removal and relocation of residents.
34        (e)  The Department may refuse to issue  or  may  suspend
 
                            -20-               LRB9101210JSpc
 1    the  license  of any person who fails to file a return, or to
 2    pay the tax, penalty or interest shown in a filed return,  or
 3    to  pay  any final assessment of tax, penalty or interest, as
 4    required  by  any  tax  Act  administered  by  the   Illinois
 5    Department of Revenue, until such time as the requirements of
 6    any such tax Act are satisfied.

 7        Section  70.  Service requirements. An establishment must
 8    provide all  mandatory  services  and  may  provide  optional
 9    services,  including  medication  reminders,  supervision  of
10    self-administered medication and medication administration as
11    defined  by  this Section and non-medical services defined by
12    rule, whether provided directly by the  establishment  or  by
13    another  entity  arranged  for  by the establishment with the
14    consent of  the resident or the resident's representative.
15        For the purposes of this Section, "medication  reminders"
16    means    reminding    residents    to    take   predispensed,
17    self-administered medication,  observing  the  resident,  and
18    reporting whether or not the resident took the medication.
19        For   the   purpose  of  this  Section,  "supervision  of
20    self-administered medication" means  reminding  residents  to
21    take  medication,  reading the medication label to residents,
22    observing residents while they take medication, checking  the
23    self-administered dosage against the label of the medication,
24    confirming  that  residents  have obtained and are taking the
25    dosage as prescribed, and documenting  in  writing  that  the
26    resident  has  taken  (or  refused  to  take) the medication.
27    Supervision of self-administered medication shall be    under
28    the  direction  of  a registered professional nurse, licensed
29    physician's assistant, advanced practice nurse, or  physician
30    licensed to practice medicine in all its branches.
31        For    the   purposes   of   this   Section,   medication
32    administration  shall  refer  to  a  registered  professional
33    nurse,  licensed  physician's  assistant,  advanced  practice
 
                            -21-               LRB9101210JSpc
 1    nurse, or physician employed by an establishment engaging  in
 2    administering   routine  insulin and vitamin B-12 injections,
 3    oral medications, topical treatments, eye and ear  drops,  or
 4    nitroglycerin  patches. Non-licensed staff may not administer
 5    any medication.
 6        The Department  shall  specify  by  rule  procedures  for
 7    medication   reminders,   supervision   of  self-administered
 8    medication, and medication administration.

 9        Section 75.  Residency Requirements.
10        (a)  No individual shall be  accepted  for  residency  or
11    remain  in  residence  if the establishment cannot provide or
12    secure appropriate services, if  the  individual  requires  a
13    level   of   service   or  type  of  service  for  which  the
14    establishment is not licensed or which the establishment does
15    not provide, or if the establishment does not have the  staff
16    appropriate  in numbers and with appropriate skill to provide
17    such services.
18        (b)  Only adults may be accepted for residency.
19        (c)  A person shall not be accepted for residency if:
20             (1)  the person poses a serious threat to himself or
21        herself or to others;
22             (2)  the person is not able to  communicate  his  or
23        her  needs  and  no  representative has been appointed to
24        direct the provision of services;
25             (3)  the person requires total assistance with 2  or
26        more activities of daily living;
27             (4)  the person requires the assistance of more than
28        one  paid caregiver at any given time with an activity of
29        daily living;
30             (5)  the  person   requires   more   than    minimal
31        assistance in moving to a safe area in an emergency;
32             (6)  the  person  has a severe mental illness, which
33        for the purposes of this Section means a  condition  that
 
                            -22-               LRB9101210JSpc
 1        is  characterized  by  the  presence  of  a  major mental
 2        disorder as classified in the Diagnostic and  Statistical
 3        Manual  of  Mental  Disorders,  Fourth  Edition  (DSM-IV)
 4        (American   Psychiatric  Association,  1994),  where  the
 5        individual  is  substantially  disabled  due  to   mental
 6        illness   in   the   areas  of  self-maintenance,  social
 7        functioning, activities  of  community  living  and  work
 8        skills,  and  the  disability specified is expected to be
 9        present for a period of not less than one year, but  does
10        not mean  Alzheimer's disease and other forms of dementia
11        based on organic or physical disorders;
12             (7)  the  person  requires  intravenous  therapy  or
13        intravenous    feedings   unless   self-administered   or
14        administered by a licensed health care  professional  not
15        employed by the establishment;
16             (8)  the   person   requires  gastrostomy   feedings
17        unless self-administered  or administered by  a  licensed
18        health    care   professional   not   employed   by   the
19        establishment;
20             (9)  the   person   requires   insertion,    sterile
21        irrigation,  and  replacement  of  catheter,  except  for
22        routine  maintenance  of   urinary catheters,  unless the
23        catheter care is self-administered or administered  by  a
24        licensed  health  care  professional  not employed by the
25        establishment;
26             (10)  the person requires sterile wound care  unless
27        care  is  self-administered or administered by a licensed
28        health   care   professional   not   employed   by    the
29        establishment;
30             (11)  the  person  requires  sliding  scale  insulin
31        administration unless self-performed or administered by a
32        licensed  health  care  professional  not employed by the
33        establishment;
34             (12)  the person is  a  diabetic  requiring  routine
 
                            -23-               LRB9101210JSpc
 1        insulin    injections    unless    the   injections   are
 2        self-administered or administered by  a  licensed  health
 3        care professional;
 4             (13)  the  person  requires  treatment of stage 3 or
 5        stage 4 decubitus ulcers or exfoliative dermatitis;
 6             (14)  the person requires 5 or more skilled  nursing
 7        visits per week for conditions other than those listed in
 8        items  (13)  through (15) of this subsection for a period
 9        of  3 consecutive weeks or more except when the course of
10        treatment is expected to extend beyond a  3  week  period
11        for rehabilitative purposes and is certified as temporary
12        by a physician; or
13             (15)  other  reasons prescribed by the Department by
14        rule.
15        (d)  A resident with a  condition  listed  in  items  (1)
16    through   (12)   of  subsection  (c)  shall  have  his or her
17    residency terminated.
18        (e)  A resident with a condition  listed  in  items  (13)
19    through  (15) of subsection (c) may continue to reside in the
20    establishment for a period of 21 days.
21        (f)  Residency  shall   be   terminated   when   services
22    available  to the resident in the establishment are no longer
23    adequate to meet the needs of the resident.  This   provision
24    shall  not  be  interpreted  as limiting the authority of the
25    Department  to  require  the   residency  termination      of
26    individuals.
27        (g)  Subsections  (d)  and  (e) of this Section shall not
28    apply to  terminally  ill  residents  who  receive  or  would
29    qualify  for hospice care  coordinated by  a hospice licensed
30    under the Hospice Program  Licensing Act  or  other  licensed
31    health  care  professional employed by a licensed home health
32    agency and the establishment and all parties  agree  to   the
33    continued residency.
34        (h)  Items  (3),  (4),  (5),  and  (10) of subsection (c)
 
                            -24-               LRB9101210JSpc
 1    shall not apply to a quadriplegic, paraplegic, or  individual
 2    with  neuro-muscular diseases, such as muscular dystrophy and
 3    multiple sclerosis, or other chronic diseases and  conditions
 4    as  defined  by rule if the individual is able to communicate
 5    his or her needs and does not require assistance with complex
 6    medical  problems,  and  the   establishment   is   able   to
 7    accommodate the individual's needs.

 8        Section 80.  Involuntary termination of residency.
 9        (a)  Residency shall be involuntarily terminated only for
10    the following reasons:
11             (1)  as provided  in Section 75 of this Act;
12             (2)  nonpayment  of   contracted  charges after  the
13        resident and the resident's representative have  received
14        a minimum of 30-days written notice  of  the  delinquency
15        and the resident or the resident's representative has had
16        at  least 15 days to cure the delinquency; or
17             (3)  failure  to execute a service delivery contract
18        or to substantially comply with its terms and conditions,
19        failure  to  comply  with  the  assessment   requirements
20        contained  in  Section  15,  or  failure to substantially
21        comply  with  the  terms  and  conditions  of  the  lease
22        agreement.
23        (b)  A 30 day written  notice  of  residency  termination
24    shall   be   provided   to   the   resident,  the  resident's
25    representative, or both, which shall include the  reason  for
26    the  pending  action,  the  date  of the proposed move, and a
27    notice, the content and form to be set forth by rule, of  the
28    resident's  right  to  appeal, the steps that the resident or
29    the  resident's  representative  must  take  to  initiate  an
30    appeal, and a statement of the resident's right  to  continue
31    to  reside in the establishment until a decision is rendered.
32    The notice shall include a  toll  free  telephone  number  to
33    initiate  an  appeal  and  a  written  hearing  request form,
 
                            -25-               LRB9101210JSpc
 1    together with a postage paid, pre-addressed envelope  to  the
 2    Department.     If    the    resident   or   the   resident's
 3    representative, if any, cannot read English, the  notice  may
 4    be provided in a language the individual receiving the notice
 5    can  read  or  the establishment may provide a translator who
 6    has been trained to assist the  resident  or  the  resident's
 7    representative   in   the   appeal   process.   In  emergency
 8    situations, written notice may be waived.
 9        (c)  The establishment shall attempt to resolve with  the
10    resident   or   the   resident's   representative,   if  any,
11    circumstances that if not  remedied  have  the  potential  of
12    resulting  in  an  involuntary  termination  of residency and
13    shall document those efforts in the  resident's  file.   This
14    action may occur prior to or during the 30 day notice period,
15    but must occur prior to the termination of the residency.  In
16    emergency situations, the requirements of this subsection may
17    be waived.
18        (d)  A  request  for  a hearing shall stay an involuntary
19    termination of residency until a decision has  been  rendered
20    by  the  Department,  according to a process adopted by rule.
21    During this time period, the establishment may not  terminate
22    or  reduce  any  service  for  the  purpose of making it more
23    difficult or impossible for the resident  to  remain  in  the
24    establishment.
25        (e)  The  establishment  may  offer  the resident and the
26    resident's representative, if any, residency termination  and
27    relocation  assistance  including  information  on  available
28    alternative   placement.   Residents  shall  be  involved  in
29    planning the  move  and  shall  choose  among  the  available
30    alternative  placements  except  when  an emergency situation
31    makes  prior  resident  involvement  impossible.    Emergency
32    placements  are  deemed  temporary until the resident's input
33    can be sought in the final placement decision.   No  resident
34    shall  be  forced  to  remain  in  a  temporary  or permanent
 
                            -26-               LRB9101210JSpc
 1    placement.
 2        (f)  The  Department  may   offer   assistance   to   the
 3    establishment   and   the  resident  in  the  preparation  of
 4    residency termination and relocation plans to assure safe and
 5    orderly transition and  to  protect  the  resident's  health,
 6    safety,  welfare,  and  rights.  In nonemergencies, and where
 7    possible  in  emergencies,  the  transition  plan  shall   be
 8    designed  and implemented in advance of transfer or residency
 9    termination.

10        Section  85.  Contract  requirements.    No  entity   may
11    establish,  operate, conduct, or maintain an establishment in
12    this State unless a  written  service  delivery  contract  is
13    executed  between  the  establishment  and  each  resident or
14    resident's representative in accordance with Section  90  and
15    unless  the  establishment  operates  in  accordance with the
16    terms  of  the  contract.  The  resident  or  the  resident's
17    representative shall be given a complete copy of the contract
18    and all supporting documents and attachments and any  changes
19    whenever   changes  are  made.   If  the  resident  does  not
20    understand  English  and  if  translated  documents  are  not
21    available, the establishment must explain its policies  to  a
22    responsible  relative or friend or another individual who can
23    communicate the information to the resident.

24        Section 90.  Contents of service delivery  contract.    A
25    contract  between  an  establishment  and  a resident must be
26    entitled "assisted living establishment contract" or  "shared
27    housing   establishment  contract"  as  applicable,  shall be
28    printed in no less than 12 point type, and shall  include  at
29    least   the   following  elements  in  the  body  or  through
30    supporting documents or attachments:
31             (1)  the name, street address, and  mailing  address
32        of the establishment;
 
                            -27-               LRB9101210JSpc
 1             (2)  the  name  and  mailing address of the owner or
 2        owners of the establishment and, if the owner  or  owners
 3        are  not  natural persons, the type of business entity of
 4        the owner or owners;
 5             (3)  the name and mailing address  of  the  managing
 6        agent   of  the  establishment,  whether  hired  under  a
 7        management agreement or lease agreement, if the  managing
 8        agent is different from the owner or owners;
 9             (4)  the  name  and  address of at least one natural
10        person who is authorized to accept service on  behalf  of
11        the owners and managing agent;
12             (5)  a  statement  describing  the license status of
13        the establishment and the license status of all providers
14        of health-related or supportive services  to  a  resident
15        under arrangement with the establishment;
16             (6)  the duration of the contract;
17             (7)  the  base rate to be paid by the resident and a
18        description of the services to be  provided  as  part  of
19        this rate;
20             (8)  a  description of any additional services to be
21        provided for  an  additional  fee  by  the  establishment
22        directly  or  by a third party provider under arrangement
23        with the establishment;
24             (9)  the fee schedules outlining  the  cost  of  any
25        additional services;
26             (10)  a description of the process through which the
27        contract may be modified, amended, or terminated;
28             (11)  a description of the establishment's complaint
29        resolution  process  available to residents and notice of
30        the  availability of the Department's Senior Helpline for
31        complaints;
32             (12)  the  name   of   the   resident's   designated
33        representative, if any;
34             (13)  the   resident's   obligations   in  order  to
 
                            -28-               LRB9101210JSpc
 1        maintain   residency  and  receive   services   including
 2        compliance  with  all  assessments required under Section
 3        15;
 4             (14)  the  billing  and   payment   procedures   and
 5        requirements;
 6             (15)  a  statement  affirming the resident's freedom
 7        to receive services from service providers with whom  the
 8        establishment  does  not  have a contractual arrangement,
 9        which  may also disclaim liability on  the  part  of  the
10        establishment for those services;
11             (16)  a  statement  that  medical  assistance  under
12        Article  V  or Article VI of the Illinois Public Aid Code
13        is not  available for payment for services provided in an
14        establishment;
15             (17)  a  statement  detailing  the  admission,  risk
16        management,  and  residency  termination    criteria  and
17        procedures;
18             (18)  a statement listing the  rights  specified  in
19        Section  92  and  acknowledging that, by contracting with
20        the assisted living or shared housing establishment,  the
21        resident does not forfeit those rights; and
22             (19)  a  statement detailing the Department's annual
23        on-site review process including what documents contained
24        in a resident's personal file shall be  reviewed  by  the
25        on-site reviewer as defined by rule.

26        Section   92.  Resident  rights.  No  resident  shall  be
27    deprived of any rights, benefits, or privileges guaranteed by
28    law, the Constitution  of  the  State  of  Illinois,  or  the
29    Constitution of the United States solely on account of his or
30    her  status  as  a  resident of an establishment, nor shall a
31    resident forfeit any of the following rights:
32             (1)  the right to retain and use personal   property
33        and  a  place to store personal items that is  locked and
 
                            -29-               LRB9101210JSpc
 1        secure;
 2             (2)  the right to refuse services and to be  advised
 3        of the consequences of that refusal;
 4             (3)  the  right  to  respect  for bodily privacy and
 5        dignity  at  all  times,  especially  during   care   and
 6        treatment;
 7             (4)  the right to the free exercise of religion;
 8             (5)  the right to privacy with regard to mail, phone
 9        calls, and visitors;
10             (6)  the  right  to  uncensored access to the  State
11        Ombudsman or his or her designee;
12             (7)  the  right  to  be  free  of  retaliation   for
13        criticizing  the  establishment  or  making complaints to
14        appropriate agencies;
15             (8)  the right to be free of chemical  and  physical
16        restraints;
17             (9)  the  right to be free of abuse or neglect or to
18        refuse to perform labor;
19             (10)  the right to confidentiality of the resident's
20        medical records;
21             (11)  the right of access and the right to copy  the
22        resident's    personal    files    maintained    by   the
23        establishment;
24             (12)  the  right  to  24   hours   access   to   the
25        establishment;
26             (13)  the right to a minimum of 90-days notice of  a
27        planned establishment closure;
28             (14)  the right to a minimum of 30-days notice of an
29        involuntary   residency  termination,  except  where  the
30        resident poses a threat to himself or others, or in other
31        emergency  situations,  and  the  right  to  appeal  such
32        termination; and
33             (15)  the right to a 30-day  notice  of  delinquency
34        and at least 15 days right to cure delinquency.



 
                            -30-               LRB9101210JSpc
 1        Section  95.  Notice of permanent closure. An owner of an
 2    establishment licensed under this  Act  shall  give  90  days
 3    notice  prior  to  voluntarily  closing  the establishment or
 4    prior to closing any part of the establishment if closing the
 5    part will require residency termination.  The notice shall be
 6    given to the Department, to any resident who must have  their
 7    residency terminated, the resident's representative, and to a
 8    member  of  the  resident's  family,  where practicable.  The
 9    notice shall state the  proposed  date  of  closing  and  the
10    reason  for closing.  The establishment shall offer to assist
11    the resident in securing an alternative placement  and  shall
12    advise  the  resident  on  available alternatives.  Where the
13    resident is unable to choose an alternative placement and  is
14    not  under  guardianship, the Department shall be notified of
15    the need for relocation assistance.  The establishment  shall
16    comply  with  all applicable laws and rules until the date of
17    closing, including those related to residency termination.

18        Section  100.  Record   retention.     Service   delivery
19    contracts  and related documents executed by each resident or
20    resident's  representative  shall   be   maintained   by   an
21    establishment  subject to this Act from the date of execution
22    until  3  years  after  the  contract  is   terminated.   The
23    establishment  shall  also  maintain  and  retain  records to
24    support compliance with each individual  contract   and  with
25    applicable   federal   and  State  rules.   The  records  and
26    supporting documents, as  defined  by  rule,  shall  be  made
27    available  for   on-site  inspection  by  the Department upon
28    request at any time.  The establishment  shall  not  maintain
29    the  individual  resident's  medical  records,  as defined by
30    rule.

31        Section 105.  Powers and duties of the Department.
32        (a)  The Department shall conduct an  annual  unannounced
 
                            -31-               LRB9101210JSpc
 1    on-site  visit   at  each  assisted living and shared housing
 2    establishment  to  determine   compliance   with   applicable
 3    licensure   requirements   and   standards.  Visits   may  be
 4    conducted without prior notice  to  the  assisted  living  or
 5    shared housing establishment.
 6        (b)  Upon  receipt  of  information that may indicate the
 7    failure  of   the   assisted   living   or   shared   housing
 8    establishment   or  a  service  provider  to  comply  with  a
 9    provision of this Act, the Department shall  investigate  the
10    matter  or  make  appropriate  referrals  to other government
11    agencies and entities having jurisdiction  over  the  subject
12    matter  of  the  possible  violation. The Department may also
13    make referrals to any  public  or  private  agency  that  the
14    Department  considers available for appropriate assistance to
15    those involved. The Department may oversee and coordinate the
16    enforcement of State consumer protection  policies  affecting
17    residents  residing  in  an establishment licensed under this
18    Act.
19        (c)  The Department shall  establish  by  rule  complaint
20    receipt,   investigation,      resolution,   and  involuntary
21    residency  termination  procedures.   Resolution   procedures
22    shall  provide  for  on-site  review  and    evaluation of an
23    assisted living or shared housing  establishment found to  be
24    in  violation  of  this Act within a specified period of time
25    based on the gravity and severity of  the violation  and  any
26    pervasive  pattern  of  occurrences  of  the  same or similar
27    violations.
28        (d)  The Director shall establish an Assisted Living  and
29    Shared Housing  Advisory Board.
30        (e)  The Department shall by rule establish penalties and
31    sanctions,  which  shall  include,  but  not  limited to, the
32    creation of a schedule of graduated penalties  and  sanctions
33    to include closure.
34        (f)  The  Department  shall  by rule establish procedures
 
                            -32-               LRB9101210JSpc
 1    for disclosure of information  to  the  public,  which  shall
 2    include,  but not be limited to, ownership, licensure status,
 3    frequency  of  complaints,   disposition   of   substantiated
 4    complaints, and disciplinary actions.
 5        (g)  Beginning  January  1,  2000,  the  Department shall
 6    begin drafting rules necessary for the administration of this
 7    Act.

 8        Section 110.  Reports  and  access  to  information.  The
 9    Department may require periodic reports and shall have access
10    to  and  may  reproduce  or  photocopy at its cost any books,
11    records or other documents maintained by the establishment to
12    the extent necessary to carry out  this  Act  and  shall  not
13    divulge  or  disclose  the  contents  of  a resident's record
14    obtained under this Section in violation of this Act.

15        Section 115.  Consent to review.  A licensee or applicant
16    for a license shall be deemed to have given  consent  to  any
17    authorized  officer,  employee, or agent of the Department to
18    enter and review the establishment in  accordance  with  this
19    Act,  except  that entrance to individual rooms shall only be
20    given with the consent of  the  resident  or  the  resident's
21    representative.   Refusal  to  permit  entry  or review shall
22    constitute grounds for denial, nonrenewal, or revocation of a
23    license.

24        Section 120.  Assisted Living and Shared Housing Advisory
25    Board.
26        (a)  The Director shall appoint the Assisted  Living  and
27    Shared  Housing Advisory Board which shall be responsible for
28    advising the Director in all aspects of the administration of
29    the Act.
30        (b)  The  Board  shall  be  comprised  of  the  following
31    persons:
 
                            -33-               LRB9101210JSpc
 1             (1)  the Director  who  shall  serve  as  chair,  ex
 2        officio and nonvoting;
 3             (2)  one  representative  each of the Departments of
 4        Public Health, Public Aid, Human Services, the Office  of
 5        the   State   Fire  Marshal,  and  the  Illinois  Housing
 6        Development Authority, all nonvoting members;
 7             (3)  the State Ombudsman or his or her  designee;
 8             (4)  one representative of the Association  of  Area
 9        Agencies on Aging;
10             (5)  four  members selected from the recommendations
11        by provider organizations  whose  membership  consist  of
12        nursing care or assisted living establishments;
13             (6)  one member selected from the recommendations of
14        provider  organizations whose membership consists of home
15        health agencies;
16             (7)  two    residents     of     assisted     living
17        establishments;
18             (8)  three     members     selected     from     the
19        recommendations  of  consumer  organizations which engage
20        solely in advocacy or legal representation on  behalf  of
21        the senior population;
22             (9)  one member who shall be a physician;
23             (10)  one   member   who   shall   be  a  registered
24        professional nurse selected from the  recommendations  of
25        professional nursing associations; and
26             (11)  two citizen members with expertise in the area
27        of gerontology research.
28        (c)  Members  of  the  Board created by this Act shall be
29    appointed to serve for terms of 3 years. All members shall be
30    appointed no sooner than February 1, 2000 and no  later  than
31    March 1, 2000. One third of the  Board member's initial terms
32    shall expire in one year; one third in 2 years, and one third
33    in  3  years.  A  member's  term   does  not  expire  until a
34    successor  is  appointed  by  the   Director.    Any   member
 
                            -34-               LRB9101210JSpc
 1    appointed to fill a vacancy occurring prior to the expiration
 2    of  the  term  for which his or her predecessor was appointed
 3    shall be appointed for the remainder of that term.  The Board
 4    shall meet at the call of the Director. The affirmative  vote
 5    of   9  members  of  the  Board  shall be necessary for Board
 6    action. Members of this Board shall receive no   compensation
 7    for  their  services,  however,  resident  members   shall be
 8    reimbursed for their actual expenses.
 9        (d)  None of the functions,  powers,  or  duties  of  the
10    Department  with  respect to policies regarding licensure and
11    reviews under this Act, including the promulgation  of  rules
12    necessary  for  the  administration  of  this  Act,  shall be
13    exercised  by  the  Department  except  upon  review  by  the
14    Advisory Board. If the  Board,  having  been  asked  for  its
15    review,  fails  to  advise the Department within 90 days, the
16    rules shall be considered acted upon.

17        Section 125.  Civil penalties.
18        (a)  The Department may assess a  civil  penalty  not  to
19    exceed  $5,000  against any establishment subject to this Act
20    for violations of this Act. Each day  a  violation  continues
21    shall be deemed a separate violation.
22        (b)  Beginning  180  days  after  the  adoption  of rules
23    under this Act, the Department may assess   a  civil  penalty
24    not  to  exceed  $3,000 against any  establishment subject to
25    this Act for caring for a resident who exceeds the care needs
26    defined in this Act.  Each day a violation continues shall be
27    deemed a separate violation.
28        (c)  The Department is authorized  to  hold  hearings  in
29    contested  cases  regarding appeals of the penalties assessed
30    pursuant to this Section.

31        Section 130.  State and private funding.  Nothing in this
32    Act shall:
 
                            -35-               LRB9101210JSpc
 1             (1)  require   or   authorize   the   State   agency
 2        responsible   for  the  administration  of  the   medical
 3        assistance  program   established  under  Article  V  and
 4        Article  VI  of the Illinois  Public Aid Code to approve,
 5        supply, or cover services provided in an assisted  living
 6        or shared housing establishment;
 7             (2)  require   an   agency   or   a   managed   care
 8        organization   to  approve,  supply,  or  cover  services
 9        provided   in  an  assisted   living  or  shared  housing
10        establishment; or
11             (3)  require any other third party payer to approve,
12        supply or cover medically necessary  home  care  services
13        provided in an assisted living establishment.

14        Section  135.  Conversion  of  sheltered care facilities.
15    Entities licensed as  sheltered  care  facilities  under  the
16    Nursing  Home  Care  Act may elect to convert their sheltered
17    care license to a license under this Act.

18        Section 140.  Alzheimer and dementia programs.
19        (a)  Except as provided in this  Section,  alzheimer  and
20    dementia programs shall comply with provisions of this Act.
21        (b)  No  resident  shall  be  admitted or retained if the
22    assisted  living  or  shared  housing  establishment   cannot
23    provide  or secure appropriate care, if the resident requires
24    a  level  of  service  or  type  of  service  for  which  the
25    establishment is not licensed or which the establishment does
26    not provide, or if the establishment does not have the  staff
27    appropriate  in numbers and with appropriate skill to provide
28    such services.
29        (c)  No resident shall be admitted  or  retained  if  the
30    resident requires total assistance with 2 or more  activities
31    of daily living, except in cases where a licensed health care
32    professional  not employed by the establishment certifies the
 
                            -36-               LRB9101210JSpc
 1    resident's needs can be met, as  defined  in  the  resident's
 2    service plan.
 3        (d)  An  establishment  that  offers to provide a special
 4    program or unit for  persons  with  Alzheimer's  disease  and
 5    related disorders shall:
 6             (1)  disclose  to  the Department and to a potential
 7        or actual resident of the  establishment  information  as
 8        specified  under  the Alzheimer's Special Care Disclosure
 9        Act;
10             (2)  ensure  that  a  resident's  representative  is
11        designated for the resident;
12             (3)  develop and implement policies  and  procedures
13        that  ensure the continued safety of all residents in the
14        establishment including, but not limited to, those who:
15                  (A)  may wander; and
16                  (B)  may need supervision and  assistance  when
17             evacuating the building in an emergency;
18             (4)  provide  coordination  of  communications  with
19        each  resident,  resident's representative, relatives and
20        other persons identified in the resident's service plan;
21             (5)  provide cognitive stimulation and activities to
22        maximize functioning;
23             (6)  provide an appropriate number of staff for  its
24        resident population, as established by rule;
25             (7)  require   the  director  or  administrator  and
26        direct care staff to  complete  sufficient  comprehensive
27        and  ongoing dementia and cognitive deficit training, the
28        content of which shall be established by rule; and
29             (8)  develop  emergency  procedures   and   staffing
30        patterns to respond to the needs of residents who are not
31        capable  of  communicating their needs for assistance due
32        to cognitive impairment.

33        Section  145.  Application  of  Act.    An  establishment
 
                            -37-               LRB9101210JSpc
 1    licensed under this Act shall obtain and maintain  all  other
 2    licenses,   permits,  certificates,  and  other  governmental
 3    approvals required of it, except  that  a  licensed  assisted
 4    living  or  shared  housing  establishment is exempt from the
 5    provisions of the Illinois Health Facilities Planning Act and
 6    the Nursing Home Care Act. An  establishment  licensed  under
 7    this  Act  shall  comply  with the requirements of all local,
 8    State,  federal,  and  other  applicable  laws,  rules,   and
 9    ordinances  and  the  National  Fire Protection Association's
10    Life Safety Code Chapter 21 (1985).

11        Section  150.  Assisted   Living   and   Shared   Housing
12    Regulatory  Fund.   There is  created in the State treasury a
13    special fund to be known as  the Assisted Living  and  Shared
14    Housing   Regulatory   Fund.  All  moneys  received  by   the
15    Department under this Act shall be deposited into the Fund.
16    Subject to appropriation, moneys in the Fund shall  be   used
17    for  the  administration  of  this  Act.  Interest  earned on
18    moneys in the Fund shall be deposited into the Fund.

19        Section 155.  Report of the Department.
20        (a)  The Department shall conduct a study or contract for
21    the conducting of a study to review the effects of  this  Act
22    on  the  availability of housing for seniors. The study shall
23    evaluate whether (i) sufficient housing exists  to  meet  the
24    needs  of  Illinois  seniors  for  housing, (ii) the services
25    available under this Act meet the needs of Illinois seniors,
26    (iii) the private sector marketplace is an adequate  supplier
27    of  housing  with  services  for  seniors, and (iv) any other
28    consideration the Department deems relevant.
29        (b)  The  study  mandated  by  subsection  (a)  shall  be
30    completed and its findings and  recommendations  reported  to
31    the General Assembly no later  than January 1, 2005.
 
                            -38-               LRB9101210JSpc
 1        Section  160.  Severability.  The  provisions of this Act
 2    are severable under Section 1.31 of the Statute on Statutes.

 3        Section 190.  The Illinois Act on the Aging is amended by
 4    changing Section 4.04 as follows:

 5        (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
 6        Sec. 4.04. Long Term Care Ombudsman Program.
 7        (a) Long Term  Care  Ombudsman  Program.  The  Department
 8    shall  establish  a Long Term Care Ombudsman Program, through
 9    the Office of State Long Term Care Ombudsman ("the  Office"),
10    in  accordance with the provisions of the Older Americans Act
11    of 1965, as now or hereafter amended.
12        (b)  Definitions. As used in  this  Section,  unless  the
13    context requires otherwise:
14             (1)  "Access"  has  the  same  meaning as in Section
15        1-104 of the Nursing Home Care Act, as now  or  hereafter
16        amended; that is, it means the right to:
17                  (i)  Enter  any  long  term  care  facility  or
18             assisted living or shared housing establishment;
19                  (ii)  Communicate    privately    and   without
20             restriction with any resident who  consents  to  the
21             communication;
22                  (iii)  Seek  consent  to  communicate privately
23             and without restriction with any resident;
24                  (iv)  Inspect the clinical and other records of
25             a resident with the express written consent  of  the
26             resident;
27                  (v)  Observe  all  areas  of the long term care
28             facility  or  assisted  living  or  shared   housing
29             establishment except the living area of any resident
30             who protests the observation.
31             (2)  "Long Term Care Facility" means any facility as
32        defined by Section 1-113 of the Nursing Home Care Act, as
 
                            -39-               LRB9101210JSpc
 1        now or hereafter amended.
 2             (2.5)  "Assisted  living  establishment" and "shared
 3        housing establishment"  have  the  meanings  given  those
 4        terms  in  Section  10  of the Assisted Living and Shared
 5        Housing Act.
 6             (3)  "Ombudsman" means any person  employed  by  the
 7        Department  to fulfill the requirements of the Office, or
 8        any  representative  of  a  sub-State  long   term   care
 9        ombudsman  program;  provided  that  the  representative,
10        whether  he  is  paid  for  or  volunteers  his ombudsman
11        services,  shall  be  qualified  and  authorized  by  the
12        Department to perform  the  duties  of  an  ombudsman  as
13        specified by the Department in rules.
14        (c)  Ombudsman; rules. The Office of State Long Term Care
15    Ombudsman  shall  be  composed  of  at  least  one  full-time
16    ombudsman within the Department and shall include a system of
17    designated  sub-State long term care ombudsman programs. Each
18    sub-State program shall be designated by the Department as  a
19    subdivision  of  the  Office  and  any  representative  of  a
20    sub-State program shall be treated as a representative of the
21    Office.
22        The  Department  shall promulgate administrative rules to
23    establish the responsibilities  of  the  Department  and  the
24    Office  of State Long Term Care Ombudsman. The administrative
25    rules shall include  the  responsibility  of  the  Office  to
26    investigate  and  resolve  complaints made by or on behalf of
27    residents of long term care facilities  and  assisted  living
28    and   shared  housing  establishments  relating  to  actions,
29    inaction,   or   decisions    of    providers,    or    their
30    representatives,  of  long  term care facilities, of assisted
31    living and shared housing establishments, of public agencies,
32    or of social services agencies, which  may  adversely  affect
33    the  health,  safety,  welfare,  or rights of such residents.
34    When necessary and appropriate, representatives of the Office
 
                            -40-               LRB9101210JSpc
 1    shall refer complaints to the  appropriate  regulatory  State
 2    agency.
 3        (d)  Access and visitation rights.
 4             (1)  In accordance with subparagraphs (A) and (E) of
 5        paragraph (3) of  subsection  (c)  of  Section  1819  and
 6        subparagraphs  (A) and (E) of paragraph (3) of subsection
 7        (c) of Section 1919 of the Social Security Act, as now or
 8        hereafter amended (42 U.S.C. 1395i-3  (c)(3)(A)  and  (E)
 9        and  42  U.S.C.  1396r-3  (c)(3)(A) and (E)), and Section
10        307(a)(12) of the Older Americans Act of 1965, as now  or
11        hereafter amended, a long term care facility must:
12                  (i)  permit immediate access to any resident by
13             an ombudsman; and
14                  (ii)  permit  representatives  of  the  Office,
15             with   the   permission   of  the  resident's  legal
16             representative  or  legal  guardian,  to  examine  a
17             resident's clinical and  other  records,  and  if  a
18             resident  is  unable  to consent to such review, and
19             has no legal guardian, permit representatives of the
20             Office  appropriate  access,  as  defined   by   the
21             Department   in   administrative   rules,   to   the
22             resident's records.
23             (2)  Each  long term care facility shall display, in
24        multiple, conspicuous public places within  the  facility
25        accessible to both visitors and patients and in an easily
26        readable  format,  the  address  and  phone number of the
27        Office, in a manner prescribed by the Office.
28        (e)  Immunity. An ombudsman or any  other  representative
29    of  the Office participating in the good faith performance of
30    his or her official  duties  shall  have  immunity  from  any
31    liability  (civil,  criminal or otherwise) in any proceedings
32    (civil, criminal or otherwise) brought as  a  consequence  of
33    the performance of his official duties.
34        (f)  Business offenses.
 
                            -41-               LRB9101210JSpc
 1             (1) No person shall:
 2                  (i)  Intentionally  prevent, interfere with, or
 3             attempt to impede in any way any  representative  of
 4             the Office in the performance of his official duties
 5             under  this Act and the Older Americans Act of 1965;
 6             or
 7                  (ii)  Intentionally   retaliate,   discriminate
 8             against, or effect reprisals against any  long  term
 9             care facility resident or employee for contacting or
10             providing  information  to any representative of the
11             Office.
12             (2)  A violation  of  this  Section  is  a  business
13        offense, punishable by a fine not to exceed $501.
14             (3)  The  Director of Aging shall notify the State's
15        Attorney of the  county  in  which  the  long  term  care
16        facility  is  located,  or  the  Attorney General, of any
17        violations of this Section.
18        (g)  Confidentiality of records and identities. No  files
19    or  records  maintained by the Office of State Long Term Care
20    Ombudsman shall be disclosed unless the  State  Ombudsman  or
21    the  ombudsman  having  the authority over the disposition of
22    such  files  authorizes  the  disclosure  in   writing.   The
23    ombudsman shall not disclose the identity of any complainant,
24    resident,  witness  or  employee of a long term care provider
25    involved in a  complaint or report unless such person or such
26    person's guardian or legal representative consents in writing
27    to the disclosure, or the disclosure  is  required  by  court
28    order.
29        (h)  Legal  representation.  The  Attorney  General shall
30    provide legal representation to  any  representative  of  the
31    Office  against whom suit or other legal action is brought in
32    connection  with  the  performance  of  the  representative's
33    official  duties,  in  accordance  with  the  State  Employee
34    Indemnification Act "An Act to provide for representation and
 
                            -42-               LRB9101210JSpc
 1    indemnification  in  certain  civil  law   suits",   approved
 2    December 3, 1977, as now or hereafter amended.
 3        (i)  Treatment  by prayer and spiritual means. Nothing in
 4    this Act shall be  construed  to  authorize  or  require  the
 5    medical  supervision, regulation, or control of remedial care
 6    or treatment of any resident in a  long  term  care  facility
 7    operated  exclusively  by and for members or adherents of any
 8    church or religious denomination the tenets and practices  of
 9    which  include  reliance  solely upon spiritual means through
10    prayer for healing.
11    (Source: P.A. 90-639, eff. 1-1-99.)

12        Section 191.  The Illinois Health Facilities Planning Act
13    is amended by changing Section 3 as follows:

14        (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
15        Sec. 3.  As used in this Act:
16        "Health care facilities" means and includes the following
17    facilities and organizations:
18             1.  An ambulatory surgical treatment center required
19        to  be  licensed  pursuant  to  the  Ambulatory  Surgical
20        Treatment Center Act;
21             2.  An  institution,  place,  building,  or   agency
22        required   to   be  licensed  pursuant  to  the  Hospital
23        Licensing Act;
24             3.  Skilled  and   intermediate   long   term   care
25        facilities Any institution required to be licensed under
26        pursuant to the Nursing Home Care Act;
27             4.  Hospitals,  nursing  homes,  ambulatory surgical
28        treatment centers, or kidney  disease  treatment  centers
29        maintained  by  the  State  or  any  department or agency
30        thereof; and
31             5.  Kidney disease treatment  centers,  including  a
32        free-standing hemodialysis unit.
 
                            -43-               LRB9101210JSpc
 1        No  federally  owned  facility  shall  be  subject to the
 2    provisions of  this  Act,  nor  facilities  used  solely  for
 3    healing by prayer or spiritual means.
 4        No  facility  licensed  under  the  Supportive Residences
 5    Licensing Act or the Assisted Living and Shared  Housing  Act
 6    shall be subject to the provisions of this Act.
 7        A  facility  designated  as  a supportive living facility
 8    that is in  good  standing  with  the  demonstration  project
 9    established  under Section 5-5.01a of the Illinois Public Aid
10    Code shall not be subject to the provisions of this Act.
11        This Act does not apply  to  facilities  granted  waivers
12    under Section 3-102.2 of the Nursing Home Care Act.  However,
13    if  a  demonstration  project  under  that  Act applies for a
14    certificate of need to convert  to  a  nursing  facility,  it
15    shall meet the licensure and certificate of need requirements
16    in effect as of the date of application.
17        With  the  exception  of  those  health  care  facilities
18    specifically  included  in  this Section, nothing in this Act
19    shall be intended to include facilities operated as a part of
20    the practice of a physician or  other  licensed  health  care
21    professional,  whether  practicing in his individual capacity
22    or within the legal structure of any partnership, medical  or
23    professional   corporation,   or  unincorporated  medical  or
24    professional group. Further, this  Act  shall  not  apply  to
25    physicians  or  other  licensed  health  care  professional's
26    practices  where  such practices are carried out in a portion
27    of a health care facility under  contract  with  such  health
28    care facility by a physician or by other licensed health care
29    professionals,  whether practicing in his individual capacity
30    or within the legal structure of any partnership, medical  or
31    professional   corporation,   or  unincorporated  medical  or
32    professional groups.  This Act shall apply to construction or
33    modification  and  to  establishment  by  such  health   care
34    facility  of  such  contracted  portion  which  is subject to
 
                            -44-               LRB9101210JSpc
 1    facility licensing requirements, irrespective  of  the  party
 2    responsible   for   such   action   or   attendant  financial
 3    obligation.
 4        "Person" means any one or  more  natural  persons,  legal
 5    entities,  governmental  bodies  other  than  federal, or any
 6    combination thereof.
 7        "Consumer" means any person other than a person (a) whose
 8    major  occupation  currently  involves  or   whose   official
 9    capacity   within   the  last  12  months  has  involved  the
10    providing, administering or financing of any type  of  health
11    care  facility,  (b) who is engaged in health research or the
12    teaching of health, (c) who has a material financial interest
13    in any activity which involves the  providing,  administering
14    or  financing of any type of health care facility, or (d) who
15    is or ever has been a member of the immediate family  of  the
16    person defined by (a), (b), or (c).
17        "State Board" means the Health Facilities Planning Board.
18        "Construction  or  modification" means the establishment,
19    erection,     building,      alteration,      reconstruction,
20    modernization,   improvement,   extension,   discontinuation,
21    change  of ownership, of or by a health care facility, or the
22    purchase or acquisition by or through a health care  facility
23    of   equipment  or  service  for  diagnostic  or  therapeutic
24    purposes or for facility administration or operation, or  any
25    capital  expenditure  made  by  or on behalf of a health care
26    facility which exceeds the capital expenditure minimum.
27        "Establish" means  the  construction  of  a  health  care
28    facility  or  the  replacement  of  an  existing  facility on
29    another site.
30        "Major medical equipment" means medical  equipment  which
31    is  used  for  the  provision  of  medical  and  other health
32    services and which costs in excess of the capital expenditure
33    minimum, except that  such  term  does  not  include  medical
34    equipment  acquired  by or on behalf of a clinical laboratory
 
                            -45-               LRB9101210JSpc
 1    to provide  clinical  laboratory  services  if  the  clinical
 2    laboratory  is  independent  of  a  physician's  office and a
 3    hospital and it has been determined under Title XVIII of  the
 4    Social  Security  Act  to meet the requirements of paragraphs
 5    (10) and (11) of Section 1861(s) of such Act.  In determining
 6    whether medical equipment  has  a  value  in  excess  of  the
 7    capital  expenditure  minimum, the value of studies, surveys,
 8    designs, plans, working drawings, specifications,  and  other
 9    activities  essential  to  the  acquisition of such equipment
10    shall be included.
11        "Capital Expenditure" means an expenditure:  (A) made  by
12    or on behalf of a health care facility (as such a facility is
13    defined  in this Act); and (B) which under generally accepted
14    accounting  principles  is  not  properly  chargeable  as  an
15    expense of operation and maintenance, or is made to obtain by
16    lease or comparable arrangement any facility or part  thereof
17    or  any  equipment  for a facility or part; and which exceeds
18    the capital expenditure minimum.
19        For the purpose  of  this  paragraph,  the  cost  of  any
20    studies,   surveys,   designs,   plans,   working   drawings,
21    specifications,   and   other  activities  essential  to  the
22    acquisition, improvement, expansion, or  replacement  of  any
23    plant  or  equipment  with respect to which an expenditure is
24    made shall be included in  determining  if  such  expenditure
25    exceeds   the  capital  expenditures  minimum.  Donations  of
26    equipment or facilities to a health care  facility  which  if
27    acquired directly by such facility would be subject to review
28    under  this Act shall be considered capital expenditures, and
29    a transfer of equipment or  facilities  for  less  than  fair
30    market  value  shall  be considered a capital expenditure for
31    purposes of this Act  if  a  transfer  of  the  equipment  or
32    facilities at fair market value would be subject to review.
33        "Capital  expenditure minimum" means $1,000,000 for major
34    medical  equipment  and  $2,000,000  for  all  other  capital
 
                            -46-               LRB9101210JSpc
 1    expenditures, both of which shall  be  annually  adjusted  to
 2    reflect the increase in construction costs due to inflation.
 3        "Areawide"  means a major area of the State delineated on
 4    a geographic, demographic, and functional  basis  for  health
 5    planning  and  for health service and having within it one or
 6    more local areas for health planning and health service.  The
 7    term "region", as contrasted with the term  "subregion",  and
 8    the  word  "area"  may  be  used  synonymously  with the term
 9    "areawide".
10        "Local" means a subarea of a delineated major  area  that
11    on  a  geographic,  demographic,  and functional basis may be
12    considered  to  be  part  of  such  major  area.   The   term
13    "subregion" may be used synonymously with the term "local".
14        "Areawide health planning organization" or "Comprehensive
15    health planning organization" means the health systems agency
16    designated  by  the Secretary, Department of Health and Human
17    Services or any successor agency.
18        "Local health planning organization"  means  those  local
19    health  planning organizations that are designated as such by
20    the areawide health planning organization of the  appropriate
21    area.
22        "Physician"  means  a  person  licensed  to  practice  in
23    accordance with the Medical Practice Act of 1987, as amended.
24        "Licensed   health  care  professional"  means  a  person
25    licensed to practice  a  health  profession  under  pertinent
26    licensing statutes of the State of Illinois.
27        "Director" means the  Director of the Illinois Department
28    of Public Health.
29        "Agency" means the Illinois Department of Public Health.
30        "Comprehensive  health  planning"  means  health planning
31    concerned with  the  total  population  and  all  health  and
32    associated  problems that affect the well-being of people and
33    that encompasses health services, health manpower, and health
34    facilities; and the coordination among these and  with  those
 
                            -47-               LRB9101210JSpc
 1    social,  economic,  and  environmental  factors  that  affect
 2    health.
 3        "Alternative  health  care  model"  means  a  facility or
 4    program authorized under the Alternative Health Care Delivery
 5    Act.
 6    (Source: P.A. 89-499, eff.  6-28-96;  89-530,  eff.  7-19-96;
 7    90-14, eff. 7-1-97.)

 8        Section  192.  The State Finance Act is amended by adding
 9    Section 5.490 as follows:

10        (30 ILCS 105/5.490 new)
11        Sec.  5.490.  The  Assisted  Living  and  Shared  Housing
12    Regulatory Fund.

13        Section 193.  The Alzheimer's Special Care Disclosure Act
14    is amended by changing Section 10 as follows:

15        (210 ILCS 4/10)
16        Sec.  10.   Facility  defined.   As  used  in  this  Act,
17    "facility" means a facility licensed or permitted  under  the
18    Nursing  Home  Care  Act,  the  Life  Care  Facility Act, the
19    Assisted Living and Shared  Housing  Act,  or  the  Community
20    Living Facilities Licensing Act.
21    (Source: P.A. 90-341, eff. 1-1-98.)

22        Section  194.    The  Abused and Neglected Long Term Care
23    Facility Residents  Reporting  Act  is  amended  by  changing
24    Section 4 as follows:

25        (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
26        Sec. 4.  Any long term care facility administrator, agent
27    or  employee  or  any  physician, hospital, surgeon, dentist,
28    osteopath,  chiropractor,   podiatrist,   Christian   Science
 
                            -48-               LRB9101210JSpc
 1    practitioner,   coroner,   social   worker,  social  services
 2    administrator, registered  nurse,  law  enforcement  officer,
 3    field  personnel  of  the  Illinois Department of Public Aid,
 4    field personnel of the Illinois Department of  Public  Health
 5    and  County or Municipal Health Departments, personnel of the
 6    Department of Human Services (acting as the successor to  the
 7    Department of Mental Health and Developmental Disabilities or
 8    the  Department of Public Aid), personnel of the Guardianship
 9    and Advocacy Commission, personnel of the State Fire Marshal,
10    local fire department inspectors  or  other  personnel,    or
11    personnel  of  the  Illinois  Department  on  Aging,  or  its
12    subsidiary  Agencies  on  Aging,  or  employee  of a facility
13    licensed under the Assisted Living and  Shared  Housing  Act,
14    having  reasonable  cause  to  believe any resident with whom
15    they have direct contact  has  been  subjected  to  abuse  or
16    neglect shall immediately report or cause a report to be made
17    to  the Department. Persons required to make reports or cause
18    reports to be made under this Section include  all  employees
19    of  the  State  of  Illinois  who  are  involved in providing
20    services  to  residents,  including  professionals  providing
21    medical or rehabilitation  services  and  all  other  persons
22    having direct contact with residents; and further include all
23    employees  of community service agencies who provide services
24    to a resident of a public or private long term care  facility
25    outside  of that facility. Any long term care surveyor of the
26    Illinois Department of Public Health who has reasonable cause
27    to believe in the course of a survey that a resident has been
28    abused or neglected and initiates an investigation  while  on
29    site  at  the  facility  shall be exempt from making a report
30    under this Section but the results of any such  investigation
31    shall  be  forwarded  to the central register in a manner and
32    form described by the Department.
33        The requirement of this Act shall not  relieve  any  long
34    term  care  facility  administrator,  agent  or  employee  of
 
                            -49-               LRB9101210JSpc
 1    responsibility  to  report the abuse or neglect of a resident
 2    under Section 3-610 of the Nursing Home Care Act.
 3        In addition to  the  above  persons  required  to  report
 4    suspected  resident  abuse  and neglect, any other person may
 5    make a report to the Department, or to  any  law  enforcement
 6    officer,  if  such  person  has reasonable cause to suspect a
 7    resident has been abused or neglected.
 8        This Section also applies to residents whose death occurs
 9    from suspected abuse or neglect before being found or brought
10    to a hospital.
11        A person required to make reports or cause reports to  be
12    made  under  this  Section  who  fails  to  comply  with  the
13    requirements   of  this  Section  is  guilty  of  a  Class  A
14    misdemeanor.
15    (Source: P.A. 89-507, eff. 7-1-97.)

16        Section 195.  The Nursing Home Care  Act  is  amended  by
17    changing Section 1-113 as follows:

18        (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
19        Sec.  1-113.  "Facility"  or  "long-term  care  facility"
20    means  a  private  home, institution, building, residence, or
21    any other place, whether operated for profit  or  not,  or  a
22    county  home  for  the  infirm  and  chronically ill operated
23    pursuant to Division 5-21 or 5-22 of the  Counties  Code,  or
24    any  similar  institution operated by a political subdivision
25    of  the  State  of  Illinois,  which  provides,  through  its
26    ownership or management, personal  care,  sheltered  care  or
27    nursing  for  3 or more persons, not related to the applicant
28    or owner by blood or marriage.  It includes  skilled  nursing
29    facilities  and  intermediate  care facilities as those terms
30    are defined in Title XVIII  and  Title  XIX  of  the  Federal
31    Social Security Act. It also includes homes, institutions, or
32    other  places  operated  by  or  under  the  authority of the
 
                            -50-               LRB9101210JSpc
 1    Illinois Department of Veterans' Affairs.
 2        "Facility" does not include the following:
 3        (1)  A home, institution, or other place operated by  the
 4    federal  government  or  agency  thereof,  or by the State of
 5    Illinois, other than homes,  institutions,  or  other  places
 6    operated by or under the authority of the Illinois Department
 7    of Veterans' Affairs;
 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, such nursing home or sanatorium  shall
24    comply  with  all local laws and rules relating to sanitation
25    and safety;
26        (7)  Any facility licensed by  the  Department  of  Human
27    Services  as  a  community-integrated  living  arrangement as
28    defined  in  the  Community-Integrated  Living   Arrangements
29    Licensure and Certification Act;
30        (8)  Any   "Supportive   Residence"  licensed  under  the
31    Supportive Residences Licensing Act; or
32        (9)  Any "supportive living facility"  in  good  standing
33    with  the  demonstration  project  established  under Section
34    5-5.01a of the Illinois Public Aid Code; or.
 
                            -51-               LRB9101210JSpc
 1        (10)  Any assisted living or shared housing establishment
 2    licensed under the Assisted Living and Shared Housing Act.
 3    (Source: P.A. 89-499,  eff.  6-28-96;  89-507,  eff.  7-1-97;
 4    90-14, eff. 7-1-97; 90-763, eff. 8-14-98.)

 5        Section 196.  The Health Care Worker Background Check Act
 6    is amended by changing Section 15 as follows:

 7        (225 ILCS 46/15)
 8        Sec. 15.  Definitions.  For the purposes of this Act, the
 9    following definitions apply:
10        "Applicant" means an individual seeking employment with a
11    health care employer who has received a bona fide conditional
12    offer of employment.
13        "Conditional offer of employment" means a bona fide offer
14    of  employment  by  a  health  care employer to an applicant,
15    which is contingent upon the receipt of  a  report  from  the
16    Department of State Police indicating that the applicant does
17    not  have  a  record  of  conviction  of  any of the criminal
18    offenses enumerated in Section 25.
19        "Direct care" means the  provision  of  nursing  care  or
20    assistance  with meals, dressing, movement, bathing, or other
21    personal needs or maintenance,  or  general  supervision  and
22    oversight  of  the  physical  and  mental  well-being  of  an
23    individual  who  is  incapable  of managing his or her person
24    whether or  not  a  guardian  has  been  appointed  for  that
25    individual.
26        "Health care employer" means:
27        (1)  the owner or licensee of any of the following:
28             (i)  a  community living facility, as defined in the
29        Community Living Facilities Act;
30             (ii)  a life care facility, as defined in  the  Life
31        Care Facilities Act;
32             (iii)  a  long-term care facility, as defined in the
 
                            -52-               LRB9101210JSpc
 1        Nursing Home Care Act;
 2             (iv)  a home health agency, as defined in  the  Home
 3        Health Agency Licensing Act;
 4             (v)  a  full  hospice,  as  defined  in  the Hospice
 5        Program Licensing Act;
 6             (vi)  a  hospital,  as  defined  in   the   Hospital
 7        Licensing Act;
 8             (vii)  a   community   residential  alternative,  as
 9        defined  in  the   Community   Residential   Alternatives
10        Licensing Act;
11             (viii)  a  nurse  agency,  as  defined  in the Nurse
12        Agency Licensing Act;
13             (ix)  a respite care provider,  as  defined  in  the
14        Respite Program Act;
15             (x)  an  establishment  licensed  under the Assisted
16        Living and Shared Housing Act;
17             (xi)  a supportive living program, as defined in the
18        Illinois Public Aid Code;
19        (2)  a day training program certified by  the  Department
20    of Human Services;  or
21        (3)  a  community  integrated living arrangement operated
22    by  a  community  mental  health  and  developmental  service
23    agency,  as  defined  in  the   Community-Integrated   Living
24    Arrangements Licensing and Certification Act.
25        "Initiate" means the obtaining of the authorization for a
26    record  check  from  a  student, applicant, or employee.  The
27    educational entity or health care employer  or  its  designee
28    shall  transmit  all  necessary  information  and fees to the
29    Illinois State Police within 10 working days after receipt of
30    the authorization.
31    (Source: P.A. 89-197,  eff.  7-21-95;  89-507,  eff.  7-1-97;
32    89-674,  eff.  8-14-96;  90-14,  eff.  7-1-97;  90-776,  eff.
33    1-1-99.)
 
                            -53-               LRB9101210JSpc
 1        Section  197.   The  Criminal  Code of 1961 is amended by
 2    changing Section 12-19 as follows:

 3        (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
 4        Sec. 12-19.  Abuse and Gross Neglect of a Long Term  Care
 5    Facility Resident.
 6        (a)  Any  person  or any owner or licensee of a long term
 7    care facility who abuses a long term care  facility  resident
 8    is  guilty  of  a Class 3 felony.  Any person or any owner or
 9    licensee of a long term care facility who grossly neglects  a
10    long  term  care  facility  resident  is  guilty of a Class 4
11    felony.  However, nothing herein shall be deemed to apply  to
12    a physician licensed to practice medicine in all its branches
13    or  a  duly licensed nurse providing care within the scope of
14    his or her professional  judgment  and  within  the  accepted
15    standards of care within the community.
16        (b)  Notwithstanding the penalties in subsections (a) and
17    (c) and in addition thereto, if a licensee or owner of a long
18    term  care facility or his or her employee has caused neglect
19    of a resident, the licensee or owner is  guilty  of  a  petty
20    offense.    An   owner  or  licensee  is  guilty  under  this
21    subsection (b) only  if  the  owner  or  licensee  failed  to
22    exercise reasonable care in the hiring, training, supervising
23    or providing of staff or other related routine administrative
24    responsibilities.
25        (c)  Notwithstanding the penalties in subsections (a) and
26    (b) and in addition thereto, if a licensee or owner of a long
27    term  care  facility  or his or her employee has caused gross
28    neglect of a resident, the licensee or owner is guilty  of  a
29    business  offense  for  which a fine of not more than $10,000
30    may be imposed.  An owner or licensee is  guilty  under  this
31    subsection  (c)  only  if  the  owner  or  licensee failed to
32    exercise reasonable care in the hiring, training, supervising
33    or providing of staff or other related routine administrative
 
                            -54-               LRB9101210JSpc
 1    responsibilities.
 2        (d)  For the purpose of this Section:
 3             (1)  "Abuse"  means   intentionally   or   knowingly
 4        causing  any  physical or mental injury or committing any
 5        sexual offense set forth in this Code.
 6             (2)  "Gross neglect"  means  recklessly  failing  to
 7        provide adequate medical or personal care or maintenance,
 8        which failure results in physical or mental injury or the
 9        deterioration of a physical or mental condition.
10             (3)  "Neglect"  means negligently failing to provide
11        adequate medical or personal care or  maintenance,  which
12        failure  results  in  physical  or  mental  injury or the
13        deterioration of a physical or mental condition.
14             (4)  "Resident" means a person residing  in  a  long
15        term care facility.
16             (5)  "Owner"  means  the person who owns a long term
17        care facility as provided under the Nursing Home Care Act
18        or an assisted living  or  shared  housing  establishment
19        under the Assisted Living and Shared Housing Act.
20             (6)  "Licensee"   means  the  individual  or  entity
21        licensed to operate a facility  under  the  Nursing  Home
22        Care Act or the Assisted Living and Shared Housing Act.
23             (7)  "Facility" or "long term care facility" means a
24        private  home,  institution,  building, residence, or any
25        other place, whether operated for profit  or  not,  or  a
26        county  home  for the infirm and chronically ill operated
27        pursuant to Division 5-21 or 5-22 of the  Counties  Code,
28        or  any  similar  institution  operated  by  the State of
29        Illinois  or  a  political  subdivision  thereof,   which
30        provides,  through  its ownership or management, personal
31        care, sheltered care or nursing for 3 or more persons not
32        related to the owner by blood or marriage. The term  also
33        includes skilled nursing facilities and intermediate care
34        facilities as defined in Title XVIII and Title XIX of the
 
                            -55-               LRB9101210JSpc
 1        federal   Social   Security   Act   and  assisted  living
 2        establishments and shared housing establishments licensed
 3        under the Assisted Living and Shared Housing Act.
 4        (e)  Nothing contained in this Section shall be deemed to
 5    apply to the medical supervision, regulation  or  control  of
 6    the  remedial  care  or  treatment of residents in a facility
 7    conducted for those who rely  upon  treatment  by  prayer  or
 8    spiritual means in accordance with the creed or tenets of any
 9    well recognized church or religious denomination and which is
10    licensed in accordance with Section 3-803 of the Nursing Home
11    Care Act.
12    (Source: P.A. 86-820; 86-1475.)

13        Section  199.  Effective date.  This Section, Section 10,
14    Section 105, and Section 120 of this  Act  take  effect  upon
15    becoming  law, the remaining Sections of this Act take effect
16    January 1, 2001.
 
                            -56-               LRB9101210JSpc
 1                                INDEX
 2               Statutes amended in order of appearance
 3    20 ILCS 105/4.04          from Ch. 23, par. 6104.04
 4    20 ILCS 3960/3            from Ch. 111 1/2, par. 1153
 5    30 ILCS 105/5.490 new
 6    210 ILCS 4/10
 7    210 ILCS 30/4             from Ch. 111 1/2, par. 4164
 8    210 ILCS 45/1-113         from Ch. 111 1/2, par. 4151-113
 9    225 ILCS 46/15
10    720 ILCS 5/12-19          from Ch. 38, par. 12-19

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