Illinois General Assembly - Illinois Compiled Statutes

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210 ILCS 9/10

    (210 ILCS 9/10)
    Sec. 10. Definitions. For purposes of this Act:

"Activities of daily living" means eating, dressing,   bathing, toileting,
transferring, or personal
hygiene.

"Assisted living establishment" or "establishment" means a home, building,
residence, or any
other place where sleeping accommodations are provided for at least 3
unrelated adults,
at least 80% of whom are 55 years of age or older and where the following  are
provided
consistent with the purposes of this Act:

(1) services consistent with a social model that is

based on the premise that the resident's unit in assisted living and shared housing is his or her own home;

(2) community-based residential care for persons who

need assistance with activities of daily living, including personal,  supportive,  and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident;

(3) mandatory services, whether provided directly by

the establishment or by another entity arranged for by the establishment, with the consent of the resident or resident's representative;  and

(4) a physical environment that is a homelike setting

that includes the following and such other elements as established by the Department: individual living units each of which shall accommodate small kitchen appliances and contain private bathing, washing, and toilet facilities, or private washing and toilet facilities with a common bathing room readily accessible to each resident. Units shall be maintained for single occupancy except in cases in which 2 residents choose to share a unit. Sufficient common space shall exist to permit individual and group activities.

"Assisted living establishment" or "establishment" does not mean any of the
following:

(1) A home, institution, or similar place operated

by the federal government or the State of Illinois.

(2) A long term care facility licensed under the

Nursing Home Care Act, a facility licensed under the Specialized Mental Health Rehabilitation Act of 2013, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the MC/DD Act. However, a  facility licensed under any of those Acts may convert  distinct parts of the facility to assisted living.  If the facility elects to do so, the facility shall retain the Certificate of Need for its nursing and sheltered care beds that were converted.

(3) A hospital, sanitarium, or other institution, the

principal activity or business of which is the diagnosis, care, and treatment of human illness and that is required to be licensed under the Hospital Licensing Act.

(4) A facility for child care as defined in the Child

Care Act of 1969.

(5) A community living facility as defined in the

Community Living Facilities Licensing Act.

(6) A nursing home or sanitarium operated solely by

and for persons who rely exclusively upon treatment by spiritual means through prayer in accordance with the creed or tenants of a well-recognized church or religious denomination.

(7) A facility licensed by the Department of Human

Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act.

(8) A supportive residence licensed under the

Supportive Residences Licensing Act.

(9) The portion of a life care facility as defined in

the Life Care Facilities Act not licensed as an assisted living establishment under this Act; a life care facility may apply under this Act to convert sections of the community to assisted living.

(10) A free-standing hospice facility licensed under

the Hospice Program Licensing Act.

(11) A shared housing establishment.
(12) A supportive living facility as described in

Section 5-5.01a of the Illinois Public Aid Code.

    "Department" means the Department of Public Health.
    "Director" means the Director of Public Health.

"Emergency situation" means imminent danger of death or serious physical
harm to a
resident of an establishment.

"License" means any of the following types of licenses issued to an applicant
or licensee by the
Department:

(1) "Probationary license" means a license issued to

an applicant or licensee that has not held a license under this Act prior to its application or pursuant to a license transfer in accordance with Section 50 of this Act.

(2) "Regular license" means a license issued by the

Department to an applicant or licensee that is in substantial compliance with this Act and any rules promulgated under this Act.

"Licensee" means a person, agency, association, corporation, partnership, or
organization that
has been issued a license to operate an assisted living or shared housing
establishment.

"Licensed health care professional" means a registered professional nurse,
an advanced practice registered nurse, a physician assistant, and a licensed practical
nurse.

"Mandatory services" include the following:
(1) 3 meals per day available to the residents

prepared by the establishment or an outside contractor;

(2) housekeeping services including, but not limited

to, vacuuming, dusting, and cleaning the resident's unit;

(3) personal laundry and linen services available to

the residents provided or arranged for by the establishment;

(4) security provided 24 hours each day including,

but not limited to, locked entrances or building or contract security personnel;

(5) an emergency communication response system, which

is a procedure in place 24 hours each day by which a resident can notify building management, an emergency response vendor, or others able to respond to his or her need for assistance; and

(6) assistance with activities of daily living as

required by each resident.

"Negotiated risk" is the process by which a resident, or his or her
representative,
 may  formally
negotiate with providers what risks each are willing and unwilling to assume in
service provision
and the resident's living environment.  The provider assures that the resident
and the
resident's representative, if any, are informed of the risks of these decisions
and of
the potential
consequences of assuming these risks.

"Owner" means the individual, partnership, corporation, association, or other
person who owns
an assisted living or shared housing establishment.  In the event an assisted
living or shared
housing establishment is operated by a person who leases or manages the
physical plant, which is
owned by another person, "owner" means the person who operates the assisted
living or shared
housing establishment, except that if the person who owns the physical plant is
an affiliate of the
person who operates the assisted living or shared housing establishment and has
significant
control over the day to day operations of the assisted living or shared housing
establishment, the
person who owns the physical plant shall incur jointly and severally with the
owner all liabilities
imposed on an owner under this Act.

"Physician" means a person licensed
under the Medical Practice Act of 1987
to practice medicine in all of its
branches.

"Resident" means a person residing in an assisted living  or shared housing
establishment.

"Resident's representative" means a person, other than the owner, agent, or
employee of an
establishment or of the health care provider unless related to the resident,
designated in writing by a
resident to be his or her
representative.  This designation may be accomplished through the Illinois
Power of Attorney Act, pursuant to the guardianship process under the Probate
Act of 1975, or pursuant to an executed designation of representative form
specified by the Department.

"Self" means the individual or the individual's designated representative.

"Shared housing establishment" or "establishment" means a  publicly or
privately operated free-standing
residence for 16 or fewer persons, at least 80% of whom are 55
years of age or older
and who are unrelated to the owners and one manager of the residence, where
the following are provided:

(1) services consistent with a social model that is

based on the premise that the resident's unit is his or her own home;