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91_HB4485
LRB9113212JSpc
1 AN ACT to amend the Assisted Living and Shared Housing
2 Act by changing Section 10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Assisted Living and Shared Housing Act is
6 amended by changing Section 10 as follows:
7 (210 ILCS 9/10)
8 (This Section may contain text from a Public Act with a
9 delayed effective date)
10 Sec. 10. Definitions. For purposes of this Act:
11 "Activities of daily living" means eating, dressing,
12 bathing, toileting, transferring, or personal hygiene.
13 "Advisory Board" means the Assisted Living and Shared
14 Housing Advisory Board.
15 "Assisted living establishment" or "establishment" means
16 a home, building, residence, or any other place where
17 sleeping accommodations are provided for at least 3 unrelated
18 adults, at least 80% of whom are 55 years of age or older and
19 where the following are provided consistent with the
20 purposes of this Act:
21 (1) services consistent with a social model that is
22 based on the premise that the resident's unit in assisted
23 living and shared housing is his or her own home;
24 (2) community-based residential care for persons
25 who need assistance with activities of daily living,
26 including personal, supportive, and intermittent
27 health-related services available 24 hours per day, if
28 needed, to meet the scheduled and unscheduled needs of a
29 resident;
30 (3) mandatory services, whether provided directly
31 by the establishment or by another entity arranged for by
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1 the establishment, with the consent of the resident or
2 resident's representative; and
3 (4) a physical environment that is a homelike
4 setting that includes the following and such other
5 elements as established by the Department in conjunction
6 with the Assisted Living and Shared Housing Advisory
7 Board: individual living units each of which shall
8 accommodate small kitchen appliances and contain private
9 bathing, washing, and toilet facilities, or private
10 washing and toilet facilities with a common bathing room
11 readily accessible to each resident. Units shall be
12 maintained for single occupancy except in cases in which
13 2 residents choose to share a unit. Sufficient common
14 space shall exist to permit individual and group
15 activities.
16 "Assisted living establishment" or "establishment" does
17 not mean any of the following:
18 (1) A home, institution, or similar place operated
19 by the federal government or the State of Illinois.
20 (2) A long term care facility licensed under the
21 Nursing Home Care Act. However, a long term care facility
22 may convert distinct parts of the facility to assisted
23 living. If the long term care facility elects to do so,
24 the facility shall retain the Certificate of Need for its
25 nursing and sheltered care beds that were converted.
26 (3) A hospital, sanitarium, or other institution,
27 the principal activity or business of which is the
28 diagnosis, care, and treatment of human illness and that
29 is required to be licensed under the Hospital Licensing
30 Act.
31 (4) A facility for child care as defined in the
32 Child Care Act of 1969.
33 (5) A community living facility as defined in the
34 Community Living Facilities Licensing Act.
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1 (6) A nursing home or sanitarium operated solely by
2 and for persons who rely exclusively upon treatment by
3 spiritual means through prayer in accordance with the
4 creed or tenants of a well-recognized church or religious
5 denomination.
6 (7) A facility licensed by the Department of Human
7 Services as a community-integrated living arrangement as
8 defined in the Community-Integrated Living Arrangements
9 Licensure and Certification Act.
10 (8) A supportive residence licensed under the
11 Supportive Residences Licensing Act.
12 (9) A life care facility as defined in the Life
13 Care Facilities Act; a life care facility may apply under
14 this Act to convert sections of the community to assisted
15 living.
16 (10) A free-standing hospice facility licensed
17 under the Hospice Program Licensing Act.
18 (11) A shared housing establishment.
19 (12) A supportive living facility as described in
20 Section 5-5.0la of the Illinois Public Aid Code.
21 "Department" means the Department of Public Health.
22 "Director" means the Director of Public Health.
23 "Emergency situation" means imminent danger of death or
24 serious physical harm to a resident of an establishment.
25 "License" means any of the following types of licenses
26 issued to an applicant or licensee by the Department:
27 (1) "Probationary license" means a license issued
28 to an applicant or licensee that has not held a license
29 under this Act prior to its application or pursuant to a
30 license transfer in accordance with Section 50 of this
31 Act.
32 (2) "Regular license" means a license issued by the
33 Department to an applicant or licensee that is in
34 substantial compliance with this Act and any rules
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1 promulgated under this Act.
2 "Licensee" means a person, agency, association,
3 corporation, partnership, or organization that has been
4 issued a license to operate an assisted living or shared
5 housing establishment.
6 "Licensed health care professional" means a registered
7 professional nurse, an advanced practice nurse, a physician
8 assistant, and a licensed practical nurse.
9 "Mandatory services" include the following:
10 (1) 3 meals per day available to the residents
11 prepared by the establishment or an outside contractor;
12 (2) housekeeping services including, but not
13 limited to, vacuuming, dusting, and cleaning the
14 resident's unit;
15 (3) personal laundry and linen services available
16 to the residents provided or arranged for by the
17 establishment;
18 (4) security provided 24 hours each day including,
19 but not limited to, locked entrances or building or
20 contract security personnel;
21 (5) an emergency communication response system,
22 which is a procedure in place 24 hours each day by which
23 a resident can notify building management, an emergency
24 response vendor, or others able to respond to his or her
25 need for assistance; and
26 (6) assistance with activities of daily living as
27 required by each resident.
28 "Negotiated risk" is the process by which a resident, or
29 his or her representative, may formally negotiate with
30 providers what risks each are willing and unwilling to assume
31 in service provision and the resident's living environment.
32 The provider assures that the resident and the resident's
33 representative, if any, are informed of the risks of these
34 decisions and of the potential consequences of assuming these
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1 risks.
2 "Owner" means the individual, partnership, corporation,
3 association, or other person who owns an assisted living or
4 shared housing establishment. In the event an assisted
5 living or shared housing establishment is operated by a
6 person who leases or manages the building physical plant,
7 which is owned by another person, "owner" means the person
8 who operates the assisted living or shared housing
9 establishment, except that if the person who owns the
10 building physical plant is an affiliate of the person who
11 operates the assisted living or shared housing establishment
12 and has significant control over the day to day operations of
13 the assisted living or shared housing establishment, the
14 person who owns the building physical plant shall incur
15 jointly and severally with the owner all liabilities imposed
16 on an owner under this Act.
17 "Physician" means a person licensed under the Medical
18 Practice Act of 1987 to practice medicine in all of its
19 branches.
20 "Resident" means a person residing in an assisted living
21 or shared housing establishment.
22 "Resident's representative" means a person, other than
23 the owner, agent, or employee of an establishment or of the
24 health care provider unless related to the resident,
25 designated in writing by a resident to be his or her
26 representative. This designation may be accomplished through
27 the Illinois Power of Attorney Act, pursuant to the
28 guardianship process under the Probate Act of 1975, or
29 pursuant to an executed designation of representative form
30 specified by the Department.
31 "Self" means the individual or the individual's
32 designated representative.
33 "Shared housing establishment" or "establishment" means a
34 publicly or privately operated free-standing residence for 12
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1 or fewer persons, at least 80% of whom are 55 years of age or
2 older and who are unrelated to the owners and one manager of
3 the residence, where the following are provided:
4 (1) services consistent with a social model that is
5 based on the premise that the resident's unit is his or
6 her own home;
7 (2) community-based residential care for persons
8 who need assistance with activities of daily living,
9 including housing and personal, supportive, and
10 intermittent health-related services available 24 hours
11 per day, if needed, to meet the scheduled and unscheduled
12 needs of a resident; and
13 (3) mandatory services, whether provided directly
14 by the establishment or by another entity arranged for by
15 the establishment, with the consent of the resident or
16 the resident's representative.
17 "Shared housing establishment" or "establishment" does
18 not mean any of the following:
19 (1) A home, institution, or similar place operated
20 by the federal government or the State of Illinois.
21 (2) A long term care facility licensed under the
22 Nursing Home Care Act. A long term care facility may,
23 however, convert sections of the facility to assisted
24 living. If the long term care facility elects to do so,
25 the facility shall retain the Certificate of Need for its
26 nursing beds that were converted.
27 (3) A hospital, sanitarium, or other institution,
28 the principal activity or business of which is the
29 diagnosis, care, and treatment of human illness and that
30 is required to be licensed under the Hospital Licensing
31 Act.
32 (4) A facility for child care as defined in the
33 Child Care Act of 1969.
34 (5) A community living facility as defined in the
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1 Community Living Facilities Licensing Act.
2 (6) A nursing home or sanitarium operated solely by
3 and for persons who rely exclusively upon treatment by
4 spiritual means through prayer in accordance with the
5 creed or tenants of a well-recognized church or religious
6 denomination.
7 (7) A facility licensed by the Department of Human
8 Services as a community-intergrated living arrangement as
9 defined in the Community-Integrated Living Arrangements
10 Licensure and Certification Act.
11 (8) A supportive residence licensed under the
12 Supportive Residences Licensing Act.
13 (9) A life care facility as defined in the Life
14 Care Facilities Act; a life care facility may apply under
15 this Act to convert sections of the community to assisted
16 living.
17 (10) A free-standing hospice facility licensed
18 under the Hospice Program Licensing Act.
19 (11) An assisted living establishment.
20 (12) A supportive living facility as described in
21 Section 5-5.01a of the Illinois Public Aid Code.
22 "Total assistance" means that staff or another individual
23 performs the entire activity of daily living without
24 participation by the resident.
25 (Source: P.A. 91-656, eff. 1-1-01.)
26 Section 99. Effective date. This Act takes effect
27 January 1, 2001.