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Public Act 096-0990


 

Public Act 0990 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-0990
 
SB3035 Enrolled LRB096 19765 KTG 35465 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Alzheimer's Special Care Disclosure Act is
amended by changing Sections 1, 5, 15, and 20 as follows:
 
    (210 ILCS 4/1)
    Sec. 1. Short title. This Act may be cited as the
Alzheimer's Disease and Related Dementias Special Care
Disclosure Act.
(Source: P.A. 90-341, eff. 1-1-98.)
 
    (210 ILCS 4/5)
    Sec. 5. Legislative purpose. This Body finds it to be in
the public interest to promote the highest standard of medical
care currently available to people suffering from Alzheimer's
disease and related dementias without restricting the future
implementation of treatment options that may become available
through ongoing research. It is further in the public interest
to protect consumers from false claims of specialized care of
Alzheimer's disease and related dementias. Therefore, the
General Assembly declares it to be the purpose of this Act to
require health care facilities offering specialized care in the
treatment of Alzheimer's disease and related dementias to fully
inform the public regarding the facility and program of care.
(Source: P.A. 90-341, eff. 1-1-98.)
 
    (210 ILCS 4/15)
    Sec. 15. Disclosure requirements. A facility that offers to
provide care for persons with Alzheimer's disease and related
dementias through an Alzheimer's special care unit or center
shall disclose to the State agency responsible for licensing or
permitting the facility and to a potential or actual client of
the facility or such a client's representative the following
information in writing:
        (1) the form of care or treatment that distinguishes
    the facility as suitable for persons with Alzheimer's
    disease and related dementias;
        (2) the philosophy of the facility concerning the care
    or treatment of persons with Alzheimer's disease and
    related dementias;
        (3) the facility's pre-admission, admission, and
    discharge procedures;
        (4) the facility's assessment, care planning, and
    implementation guidelines in the care and treatment of
    persons with Alzheimer's disease and related dementias;
        (5) the facility's minimum and maximum staffing
    ratios, specifying the general licensed health care
    provider to client ratio and the trainee health care
    provider to client ratio;
        (6) the facility's physical environment;
        (7) activities available to clients at the facility;
        (8) the role of family members in the care of clients
    at the facility; and
        (9) the costs of care and treatment under the program
    or at the center.
(Source: P.A. 96-770, eff. 1-1-10.)
 
    (210 ILCS 4/20)
    Sec. 20. A facility that offers to provide care for persons
with Alzheimer's disease and related dementias through an
Alzheimer's special care unit or center shall, within 180 days
of the effective date of this Act, provide to the State agency
responsible for licensing or permitting the facility the
disclosure document prepared by a facility in accordance with
Section 15. The State agency shall review the document for
accuracy as part of the license or permit renewal requirements
under the appropriate Act.
(Source: P.A. 90-341, eff. 1-1-98.)
 
    Section 10. The Assisted Living and Shared Housing Act is
amended by changing Sections 35, 45, and 150 as follows:
 
    (210 ILCS 9/35)
    (Text of Section before amendment by P.A. 96-339)
    Sec. 35. Issuance of license.
    (a) Upon receipt and review of an application for a license
and review of the applicant establishment, the Director may
issue a license if he or she finds:
        (1) that the individual applicant, or the corporation,
    partnership, or other entity if the applicant is not an
    individual, is a person responsible and suitable to operate
    or to direct or participate in the operation of an
    establishment by virtue of financial capacity, appropriate
    business or professional experience, a record of lawful
    compliance with lawful orders of the Department and lack of
    revocation of a license issued under this Act or the
    Nursing Home Care Act during the previous 5 years;
        (2) that the establishment is under the supervision of
    a full-time director who is at least 21 years of age and
    has a high school diploma or equivalent plus either:
            (A) 2 years of management experience or 2 years of
        experience in positions of progressive responsibility
        in health care, housing with services, or adult day
        care or providing similar services to the elderly; or
            (B) 2 years of management experience or 2 years of
        experience in positions of progressive responsibility
        in hospitality and training in health care and housing
        with services management as defined by rule;
        (3) that the establishment has staff sufficient in
    number with qualifications, adequate skills, education,
    and experience to meet the 24 hour scheduled and
    unscheduled needs of residents and who participate in
    ongoing training to serve the resident population;
        (4) that all employees who are subject to the Health
    Care Worker Background Check Act meet the requirements of
    that Act;
        (5) that the applicant is in substantial compliance
    with this Act and such other requirements for a license as
    the Department by rule may establish under this Act;
        (6) that the applicant pays all required fees;
        (7) that the applicant has provided to the Department
    an accurate disclosure document in accordance with the
    Alzheimer's Disease and Related Dementias Special Care
    Disclosure Act and in substantial compliance with Section
    150 of this Act.
    In addition to any other requirements set forth in this
Act, as a condition of licensure under this Act, the director
of an establishment must participate in at least 20 hours of
training every 2 years to assist him or her in better meeting
the needs of the residents of the establishment and managing
the operation of the establishment.
    Any license issued by the Director shall state the physical
location of the establishment, the date the license was issued,
and the expiration date. All licenses shall be valid for one
year, except as provided in Sections 40 and 45. Each license
shall be issued only for the premises and persons named in the
application, and shall not be transferable or assignable.
(Source: P.A. 95-79, eff. 8-13-07; 95-590, eff. 9-10-07;
95-628, eff. 9-25-07; 95-876, eff. 8-21-08.)
 
    (Text of Section after amendment by P.A. 96-339)
    Sec. 35. Issuance of license.
    (a) Upon receipt and review of an application for a license
and review of the applicant establishment, the Director may
issue a license if he or she finds:
        (1) that the individual applicant, or the corporation,
    partnership, or other entity if the applicant is not an
    individual, is a person responsible and suitable to operate
    or to direct or participate in the operation of an
    establishment by virtue of financial capacity, appropriate
    business or professional experience, a record of lawful
    compliance with lawful orders of the Department and lack of
    revocation of a license issued under this Act, the Nursing
    Home Care Act, or the MR/DD Community Care Act during the
    previous 5 years;
        (2) that the establishment is under the supervision of
    a full-time director who is at least 21 years of age and
    has a high school diploma or equivalent plus either:
            (A) 2 years of management experience or 2 years of
        experience in positions of progressive responsibility
        in health care, housing with services, or adult day
        care or providing similar services to the elderly; or
            (B) 2 years of management experience or 2 years of
        experience in positions of progressive responsibility
        in hospitality and training in health care and housing
        with services management as defined by rule;
        (3) that the establishment has staff sufficient in
    number with qualifications, adequate skills, education,
    and experience to meet the 24 hour scheduled and
    unscheduled needs of residents and who participate in
    ongoing training to serve the resident population;
        (4) that all employees who are subject to the Health
    Care Worker Background Check Act meet the requirements of
    that Act;
        (5) that the applicant is in substantial compliance
    with this Act and such other requirements for a license as
    the Department by rule may establish under this Act;
        (6) that the applicant pays all required fees;
        (7) that the applicant has provided to the Department
    an accurate disclosure document in accordance with the
    Alzheimer's Disease and Related Dementias Special Care
    Disclosure Act and in substantial compliance with Section
    150 of this Act.
    In addition to any other requirements set forth in this
Act, as a condition of licensure under this Act, the director
of an establishment must participate in at least 20 hours of
training every 2 years to assist him or her in better meeting
the needs of the residents of the establishment and managing
the operation of the establishment.
    Any license issued by the Director shall state the physical
location of the establishment, the date the license was issued,
and the expiration date. All licenses shall be valid for one
year, except as provided in Sections 40 and 45. Each license
shall be issued only for the premises and persons named in the
application, and shall not be transferable or assignable.
(Source: P.A. 95-79, eff. 8-13-07; 95-590, eff. 9-10-07;
95-628, eff. 9-25-07; 95-876, eff. 8-21-08; 96-339, eff.
7-1-10.)
 
    (210 ILCS 9/45)
    Sec. 45. Renewal of licenses. At least 120 days, but not
more than 150 days prior to license expiration, the licensee
shall submit an application for renewal of the license in such
form and containing such information as the Department
requires. If the application is approved, and if the licensee
(i) has not committed a Type 1 violation in the preceding 24
months, (ii) has not committed a Type 2 violation in the
preceding 24 months, (iii) has not had an inspection, review,
or evaluation that resulted in a finding of 10 or more Type 3
violations in the preceding 24 months, and (iv) has not
admitted or retained a resident in violation of Section 75 of
this Act in the preceding 24 months, the Department may renew
the license for an additional period of 2 years. If a licensee
whose license has been renewed for 2 years under this Section
subsequently fails to meet any of the conditions set forth in
items (i), (ii), and (iii), then, in addition to any other
sanctions that the Department may impose under this Act, the
Department shall revoke the 2-year license and replace it with
a one-year license until the licensee again meets all of the
conditions set forth in items (i), (ii), and (iii). If
appropriate, the renewal application shall not be approved
unless the applicant has provided to the Department an accurate
disclosure document in accordance with the Alzheimer's Disease
and Related Dementias Special Care Disclosure Act. If the
application for renewal is not timely filed, the Department
shall so inform the licensee.
(Source: P.A. 95-590, eff. 9-10-07; 95-876, eff. 8-21-08.)
 
    (210 ILCS 9/150)
    Sec. 150. Alzheimer and dementia programs.
    (a) In addition to this Section, Alzheimer and dementia
programs shall comply with all of the other provisions of this
Act.
    (b) No person shall be admitted or retained if the assisted
living or shared housing establishment cannot provide or secure
appropriate care, if the resident requires a level of service
or type of service for which the establishment is not licensed
or which the establishment does not provide, or if the
establishment does not have the staff appropriate in numbers
and with appropriate skill to provide such services.
    (c) No person shall be accepted for residency or remain in
residence if the person's mental or physical condition has so
deteriorated to render residency in such a program to be
detrimental to the health, welfare or safety of the person or
of other residents of the establishment. The Department by rule
shall identify a validated dementia-specific standard with
inter-rater reliability that will be used to assess individual
residents. The assessment must be approved by the resident's
physician and shall occur prior to acceptance for residency,
annually, and at such time that a change in the resident's
condition is identified by a family member, staff of the
establishment, or the resident's physician.
    (d) No person shall be accepted for residency or remain in
residence if the person is dangerous to self or others and the
establishment would be unable to eliminate the danger through
the use of appropriate treatment modalities.
    (e) No person shall be accepted for residency or remain in
residence if the person meets the criteria provided in
subsections (b) through (g) of Section 75 of this Act.
    (f) An establishment that offers to provide a special
program or unit for persons with Alzheimer's disease and
related disorders shall:
        (1) disclose to the Department and to a potential or
    actual resident of the establishment information as
    specified under the Alzheimer's Disease and Related
    Dementias Special Care Disclosure Act;
        (2) ensure that a resident's representative is
    designated for the resident;
        (3) develop and implement policies and procedures that
    ensure the continued safety of all residents in the
    establishment including, but not limited to, those who:
            (A) may wander; and
            (B) may need supervision and assistance when
        evacuating the building in an emergency;
        (4) provide coordination of communications with each
    resident, resident's representative, relatives and other
    persons identified in the resident's service plan;
        (5) provide cognitive stimulation and activities to
    maximize functioning;
        (6) provide an appropriate number of staff for its
    resident population, as established by rule;
        (7) require the director or administrator and direct
    care staff to complete sufficient comprehensive and
    ongoing dementia and cognitive deficit training, the
    content of which shall be established by rule; and
        (8) develop emergency procedures and staffing patterns
    to respond to the needs of residents.
(Source: P.A. 93-141, eff. 7-10-03.)
 
    Section 15. The Community Living Facilities Licensing Act
is amended by changing Section 9 as follows:
 
    (210 ILCS 35/9)  (from Ch. 111 1/2, par. 4189)
    Sec. 9. Regular licenses.
    (1) A regular license shall be valid for a one-year period
from the date of authorization. A license is not transferable.
    (2) Within 120 to 150 days prior to the date of expiration
of the license, the licensee shall apply to the Department for
renewal of the license. The procedure for renewing a valid
license for a Community Living Facility shall be the same as
for applying for the initial license, pursuant to subsections
(1) through (4) of Section 7 of this Act. If the Department has
determined on the basis of available documentation that the
Community Living Facility is in substantial compliance with
this Act and the rules promulgated under this Act, and has
provided to the Department an accurate disclosure document in
accordance with the Alzheimer's Disease and Related Dementias
Special Care Disclosure Act, it shall renew the regular license
for another one-year period.
    (3) Whenever ownership of a facility is transferred from
the licensee to any other person, agency, association,
corporation, partnership, or organization, the transferree
must obtain a new probationary license. The transferree shall
notify the Department of the transfer and apply for a new
license at least 30 days prior to final transfer. The
requirement for an on-site inspection in Section 7 may be
waived if the Department has conducted a survey of the
Community Living Facility within the past 60 days and the
survey disclosed substantial compliance with this Act and rules
and regulations promulgated hereunder.
(Source: P.A. 90-341, eff. 1-1-98.)
 
    Section 20. The Life Care Facilities Act is amended by
changing Section 6 as follows:
 
    (210 ILCS 40/6)  (from Ch. 111 1/2, par. 4160-6)
    Sec. 6. Upon receipt of the completed application and
exhibits and payment of the fee by the applicant, and proof of
compliance by the applicant with the provisions of Section 7,
the Director shall issue a permit to the provider, subject to
the conditions imposed pursuant to Section 7, allowing the
provider to enter into life care contracts with respect to the
number of living units and facility described in the
application.
    A permit issued pursuant to this Act shall remain in full
force, subject to the provisions of this Act, and shall contain
in a prominent location a statement that the issuance of such
permit neither constitutes approval, recommendation or
endorsement by the Department or Director nor evidences the
accuracy or completeness of the information furnished to the
Department. A permit may be revoked by the Department if the
facility fails to provide to the Department an accurate
disclosure document in accordance with the Alzheimer's Disease
and Related Dementias Special Care Disclosure Act.
    All permits shall be nontransferable.
(Source: P.A. 90-341, eff. 1-1-98.)
 
    Section 25. The Nursing Home Care Act is amended by
changing Section 3-115 as follows:
 
    (210 ILCS 45/3-115)  (from Ch. 111 1/2, par. 4153-115)
    Sec. 3-115. License renewal application. At least 120 days
but not more than 150 days prior to license expiration, the
licensee shall submit an application for renewal of the license
in such form and containing such information as the Department
requires. If the application is approved, the license shall be
renewed in accordance with Section 3-110. The renewal
application for a sheltered care or long-term care facility
shall not be approved unless the applicant has provided to the
Department an accurate disclosure document in accordance with
the Alzheimer's Disease and Related Dementias Special Care
Disclosure Act. If application for renewal is not timely filed,
the Department shall so inform the licensee.
(Source: P.A. 90-341, eff. 1-1-98; 91-215, eff. 7-20-99.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/2/2010