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91st General Assembly
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Public Act 91-0656

HB0427 Re-Enrolled                             LRB9101210JSpc

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

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

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

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

    Section 10.  Definitions. For purposes of this Act:
    "Activities of  daily  living"  means  eating,  dressing,
bathing, toileting, transferring, or personal hygiene.
    "Advisory  Board"  means  the  Assisted Living and Shared
Housing Advisory Board.
    "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 in conjunction
    with the Assisted  Living  and  Shared  Housing  Advisory
    Board:  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. However, a long term care facility
    may convert  distinct parts of the facility  to  assisted
    living.   If the long term care 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)  A life care facility as  defined  in  the  Life
    Care Facilities 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 5-5.0la 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 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 12
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;
         (2)  community-based  residential  care  for persons
    who need assistance  with  activities  of  daily  living,
    including   housing   and   personal,   supportive,   and
    intermittent  health-related  services available 24 hours
    per day, if needed, to meet the scheduled and unscheduled
    needs of a resident; and
         (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
    the resident's representative.
    "Shared housing 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 long term care facility may,
    however, convert sections of  the  facility  to  assisted
    living.   If the long term care facility elects to do so,
    the facility shall retain the Certificate of Need for its
    nursing 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-intergrated 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)  A  life  care  facility  as defined in the Life
    Care Facilities 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)  An assisted living establishment.
         (12)  A  supportive  living facility as described in

    Section 5-5.01a of the Illinois Public Aid Code.
    "Total assistance" means that staff or another individual
performs  the  entire  activity  of  daily   living   without
participation by the resident.

    Section  15.  Assessment  and  service plan requirements.
Prior to admission  to any establishment covered by this Act,
a comprehensive assessment that includes an evaluation of the
prospective  resident's physical, cognitive, and psychosocial
condition   shall  be  completed.    At  least  annually,   a
comprehensive   assessment   shall  be  completed,  and  upon
identification of a  significant  change  in  the  resident's
condition,  the  resident shall be reassessed. The Department
may by rule specify circumstances under which  more  frequent
assessments of skin integrity and nutritional status shall be
required.  The comprehensive assessment shall be completed by
a physician.  Based on the assessment, a written service plan
shall be  developed and mutually agreed upon by the  provider
and  the  resident. The service plan, which shall be reviewed
annually,   or  more  often  as  the  resident's   condition,
preferences,  or service needs change, shall serve as a basis
for the service delivery contract between  the  provider  and
the  resident.  Based on the assessment, the service plan may
provide for the  disconnection or removal of any appliance.

    Section 20.  Construction and  operating  standards.  The
Department,  in  consultation  with the Advisory Board, shall
prescribe  minimum  standards  for   establishments.    These
standards shall include:
         (1)  the    location   and   construction   of   the
    establishment,  including  plumbing,  heating,  lighting,
    ventilation, and other physical  conditions  which  shall
    ensure  the  health, safety, and comfort of residents and
    their protection from fire hazards; these standards shall
    include, at a minimum, compliance  with  the  residential
    board  and  care occupancies chapter of the National Fire
    Protection Association's  Life  Safety  Code,  local  and
    State   building   codes   for  the  building  type,  and
    accessibility   standards   of   the    Americans    with
    Disabilities Act;
         (2)  the  number and qualifications of all personnel
    having  responsibility  for  any  part  of  the  services
    provided for  residents;
         (3)  all    sanitary    conditions    within     the
    establishment   and  its  surroundings,  including  water
    supply,  sewage  disposal,   food   handling,   infection
    control,  and  general  hygiene,  which  shall ensure the
    health and comfort of residents;
         (4)  a program for adequate maintenance of  physical
    plant and equipment;
         (5)  adequate  accommodations,  staff,  and services
    for the number  and  types  of  residents  for  whom  the
    establishment is licensed;
         (6)  the   development   of   evacuation  and  other
    appropriate safety plans for use during weather,  health,
    fire, physical plant, environmental, and national defense
    emergencies; and
         (7)  the  maintenance of minimum financial and other
    resources necessary to  meet  the  standards  established
    under  this  Section  and to operate the establishment in
    accordance with this Act.

    Section  25.  License  requirement.     No   person   may
establish, operate, maintain, or offer an establishment as an
assisted living establishment or shared housing establishment
as  defined  by the Act within this State unless and until he
or she obtains a valid license,  which  remains  unsuspended,
unrevoked, and unexpired.  No public official or employee may
place  any  person in, or recommend that any person be placed
in, or directly or indirectly cause any  person to be  placed
in  any  establishment that is being operated without a valid
license. An entity that operates as  an  assisted  living  or
shared housing establishment as defined by this Act without a
license   shall  be  subject  to  the  provisions,  including
penalties, of the Nursing Home Care Act.  No entity shall use
in its name or advertise "assisted living" unless licensed as
an assisted living establishment  under  this  Act  or  as  a
shelter  care  facility  under the Nursing Home Care Act that
also meets the definition of an assisted living establishment
under  this  Act,  except  a  shared  housing   establishment
licensed   under  this  Act  may  advertise  assisted  living
services.

    Section 30.  Licensing.
    (a)  The Department, in consultation with  the   Advisory
Board,  shall  establish  by rule forms, procedures, and fees
for the annual  licensing  of   assisted  living  and  shared
housing establishments; shall establish and enforce sanctions
and  penalties  for  operating  in violation of this Act,  as
provided in Section 135 of this Act and rules  adopted  under
Section  110  of  this  Act.  The Department shall conduct an
annual on-site review for each establishment  covered by this
Act, which shall include, but not be limited  to,  compliance
with  this  Act and rules adopted hereunder, focus on solving
resident issues and concerns,  and  the  quality  improvement
process  implemented by the establishment to address resident
issues.  The quality improvement process implemented  by  the
establishment   must    benchmark  performance,  be  customer
centered, be data driven, and focus on resident satisfaction.
    (b)  An  establishment  shall   provide   the   following
information to the Department to be considered for licensure:
         (1)  the  business  name,  street  address,  mailing
    address, and telephone number of the establishment;
         (2)  the  name  and  mailing address of the owner or
    owners of the establishment and if the  owner  or  owners
    are  not  natural  persons, identification of the type of
    business  entity  of  the  owners,  and  the  names   and
    addresses  of  the  officers and members of the governing
    body, or comparable  persons  for  partnerships,  limited
    liability   companies,   or   other   types  of  business
    organizations;
         (3)  financial information, content and form  to  be
    determined by rules which may provide different standards
    for  assisted  living  establishments  and shared housing
    establishments,  establishing   that   the   project   is
    financially feasible;
         (4)  the  name  and mailing address of the  managing
    agent  of  the  establishment,  whether  hired   under  a
    management agreement or lease  agreement,  if   different
    from  the  owner or owners, and the name of the full-time
    director;
         (5)  verification   that   the   establishment   has
    entered or will enter into a service delivery contract as
    provided in Section 90, as required under this Act,  with
    each resident or resident's representative;
         (6)  the name and address of at  least  one  natural
    person  who  shall  be  responsible  for dealing with the
    Department on all matters provided for in  this  Act,  on
    whom  personal service of all notices and orders shall be
    made, and who shall be authorized to  accept  service  on
    behalf  of  the  owner  or owners and the managing agent.
    Notwithstanding a contrary provision of the Code of Civil
    Procedure, personal  service  on  the  person  identified
    pursuant  to  this subsection shall be considered service
    on the owner or owners and the  managing  agent,  and  it
    shall  not  be  a  defense  to  any  action that personal
    service was not made on each individual or entity;
         (7)  the signature of the authorized  representative
    of the owner or owners;
         (8)  proof of an ongoing quality improvement program
    in  accordance  with  rules  adopted by the Department in
    collaboration with the Advisory Board;
         (9)  information  about  the  number  and  types  of
    units,  the  maximum  census,  and  the  services  to  be
    provided at the establishment, proof of  compliance  with
    applicable  State  and local residential standards, and a
    copy of the standard contract offered to residents;
         (10)  documentation of adequate liability insurance;
    and
         (11)  other information necessary to  determine  the
    identity  and  qualifications of an applicant or licensee
    to operate an establishment in accordance with  this  Act
    as required by the Department by rule.
    (c)  The  information in the statement of ownership shall
be  public  information  and  shall  be  available  from  the
Department.

    Section 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
    with ability, training, and education appropriate to meet
    the needs of the residents and to manage  the  operations
    of  the  establishment  and  who  participates in ongoing
    training for these purposes;
         (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 direct care staff meet the requirements of
    the Health Care Worker Background Check 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 Special Care Disclosure Act.
    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 Section  40.   Each
license  shall  be  issued  only for the premises and persons
named in the application, and shall not  be  transferable  or
assignable.

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

    Section 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,  the
license  shall  be renewed for an additional one-year period.
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 Special Care Disclosure Act.  If the  application
for  renewal  is  not  timely  filed, the Department shall so
inform the licensee.

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

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

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

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

    Section 70. Service requirements. An  establishment  must
provide  all  mandatory  services  and  may  provide optional
services,  including  medication  reminders,  supervision  of
self-administered medication and medication administration as
defined by this Section and nonmedical  services  defined  by
rule,  whether  provided  directly by the establishment or by
another entity arranged for by  the  establishment  with  the
consent of the resident or the resident's representative.
    For  the purposes of this Section, "medication reminders"
means   reminding   residents    to    take    pre-dispensed,
self-administered  medication,  observing  the  resident, and
documenting whether or not the resident took the medication.
    For  the  purposes  of  this  Section,  "supervision   of
self-administered  medication"  means  assisting the resident
with self-administered medication using  any  combination  of
the   following:  reminding  residents  to  take  medication,
reading the  medication  label  to  residents,  checking  the
self-administered  medication dosage against the label of the
medication, confirming that residents have obtained  and  are
taking  the  dosage as prescribed, and documenting in writing
that  the  resident  has  taken  (or  refused  to  take)  the
medication.  If residents are physically unable to  open  the
container, the container may be opened for them.  Supervision
of  self-administered medication shall be under the direction
of a licensed health care professional.
    For   the   purposes   of   this   Section,   "medication
administration" refers to a licensed health care professional
employed  by  an  establishment  engaging  in   administering
routine   insulin   and   vitamin   B-12   injections,   oral
medications,  topical  treatments,  eye  and  ear  drops,  or
nitroglycerin  patches. Non-licensed staff may not administer
any medication.
    The Department  shall  specify  by  rule  procedures  for
medication   reminders,   supervision   of  self-administered
medication, and medication administration.
    Nothing in this Act shall preclude a  physician  licensed
to  practice  medicine  in  all  its  branches from providing
services to any resident.

    Section 75.  Residency Requirements.
    (a)  No individual shall be  accepted  for  residency  or
remain  in  residence  if the establishment cannot provide or
secure appropriate services, if  the  individual  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.
    (b)  Only adults may be accepted for residency.
    (c)  A person shall not be accepted for residency if:
         (1)  the person poses a serious threat to himself or
    herself or to others;
         (2)  the person is not able to  communicate  his  or
    her  needs and no resident representative residing in the
    establishment, and  with  a  prior  relationship  to  the
    person,  has  been  appointed  to direct the provision of
    services;
         (3)  the person requires total assistance with 2  or
    more activities of daily living;
         (4)  the person requires the assistance of more than
    one  paid caregiver at any given time with an activity of
    daily living;
         (5)  the  person   requires   more   than    minimal
    assistance in moving to a safe area in an emergency;
         (6)  the  person  has a severe mental illness, which
    for the purposes of this Section means a  condition  that
    is  characterized  by  the  presence  of  a  major mental
    disorder as classified in the Diagnostic and  Statistical
    Manual  of  Mental  Disorders,  Fourth  Edition  (DSM-IV)
    (American   Psychiatric  Association,  1994),  where  the
    individual  is  substantially  disabled  due  to   mental
    illness   in   the   areas  of  self-maintenance,  social
    functioning, activities  of  community  living  and  work
    skills,  and  the  disability specified is expected to be
    present for a period of not less than one year, but  does
    not mean  Alzheimer's disease and other forms of dementia
    based on organic or physical disorders;
         (7)  the  person  requires  intravenous  therapy  or
    intravenous    feedings   unless   self-administered   or
    administered  by  a  qualified,  licensed   health   care
    professional;
         (8)  the person requires gastrostomy feedings unless
    self-administered   or  administered by a licensed health
    care professional;
         (9)  the   person   requires   insertion,    sterile
    irrigation,  and  replacement  of  catheter,  except  for
    routine  maintenance  of   urinary catheters,  unless the
    catheter care is self-administered or administered  by  a
    licensed health care professional;
         (10)  the  person requires sterile wound care unless
    care is self-administered or administered by  a  licensed
    health care professional;
         (11)  the  person  requires  sliding  scale  insulin
    administration unless self-performed or administered by a
    licensed health care professional;
         (12)  the  person  is  a  diabetic requiring routine
    insulin   injections   unless    the    injections    are
    self-administered  or  administered  by a licensed health
    care professional;
         (13)  the person requires treatment of  stage  3  or
    stage 4 decubitus ulcers or exfoliative dermatitis;
         (14)  the  person requires 5 or more skilled nursing
    visits per week for conditions other than those listed in
    items (13) and (15) of this subsection for a period of  3
    consecutive weeks or  more  except  when  the  course  of
    treatment  is  expected  to extend beyond a 3 week period
    for rehabilitative purposes and is certified as temporary
    by a physician; or
         (15)  other reasons prescribed by the Department  by
    rule.
    (d)  A  resident  with  a  condition  listed in items (1)
through  (15)  of  subsection  (c)  shall  have  his  or  her
residency terminated.
    (e)  Residency   shall   be   terminated   when  services
available to the resident in the establishment are no  longer
adequate  to  meet the needs of the resident. This  provision
shall not be interpreted as limiting  the  authority  of  the
Department   to   require  the   residency  termination    of
individuals.
    (f)  Subsection (d) of this Section shall  not  apply  to
terminally  ill  residents  who  receive or would qualify for
hospice care  coordinated by  a hospice  licensed  under  the
Hospice Program  Licensing Act  or other licensed health care
professional  employed  by  a licensed home health agency and
the establishment and all parties  agree  to   the  continued
residency.
    (g)  Items (3), (4), (5), and (9) of subsection (c) shall
not  apply  to a quadriplegic, paraplegic, or individual with
neuro-muscular  diseases,  such  as  muscular  dystrophy  and
multiple sclerosis, or other chronic diseases and  conditions
as  defined  by rule if the individual is able to communicate
his or her needs and does not require assistance with complex
medical  problems,  and  the   establishment   is   able   to
accommodate  the  individual's  needs.   The Department shall
prescribe rules pursuant to this Section that address special
safety and service needs of these individuals.
    (h)  For the  purposes  of  items  (7)  through  (11)  of
subsection  (c),  a licensed health care professional may not
be employed by the owner or operator  of  the  establishment,
its  parent entity, or any other entity with ownership common
to either the owner  or  operator  of  the  establishment  or
parent  entity,  including but not limited to an affiliate of
the owner or operator of the establishment.  Nothing in  this
Section is meant to limit a resident's right to choose his or
her health care provider.

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

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

    Section 90.  Contents of service delivery  contract.    A
contract  between  an  establishment  and  a resident must be
entitled "assisted living establishment contract" or  "shared
housing   establishment  contract"  as  applicable,  shall be
printed in no less than 12 point type, and shall  include  at
least   the   following  elements  in  the  body  or  through
supporting documents or attachments:
         (1)  the name, street address, and  mailing  address
    of the establishment;
         (2)  the  name  and  mailing address of the owner or
    owners of the establishment and, if the owner  or  owners
    are  not  natural persons, the type of business entity of
    the owner or owners;
         (3)  the name and mailing address  of  the  managing
    agent   of  the  establishment,  whether  hired  under  a
    management agreement or lease agreement, if the  managing
    agent is different from the owner or owners;
         (4)  the  name  and  address of at least one natural
    person who is authorized to accept service on  behalf  of
    the owners and managing agent;
         (5)  a  statement  describing  the license status of
    the establishment and the license status of all providers
    of health-related or supportive services  to  a  resident
    under arrangement with the establishment;
         (6)  the duration of the contract;
         (7)  the  base rate to be paid by the resident and a
    description of the services to be  provided  as  part  of
    this rate;
         (8)  a  description of any additional services to be
    provided for  an  additional  fee  by  the  establishment
    directly  or  by a third party provider under arrangement
    with the establishment;
         (9)  the fee schedules outlining  the  cost  of  any
    additional services;
         (10)  a description of the process through which the
    contract may be modified, amended, or terminated;
         (11)  a description of the establishment's complaint
    resolution  process  available to residents and notice of
    the  availability of the  Department  on  Aging's  Senior
    Helpline for  complaints;
         (12)  the   name   of   the   resident's  designated
    representative, if any;
         (13)  the  resident's  obligations   in   order   to
    maintain    residency   and  receive  services  including
    compliance with all assessments  required  under  Section
    15;
         (14)  the   billing   and   payment  procedures  and
    requirements;
         (15)  a statement affirming the  resident's  freedom
    to  receive services from service providers with whom the
    establishment does not have  a  contractual  arrangement,
    which   may  also  disclaim  liability on the part of the
    establishment for those services;
         (16)  a  statement  that  medical  assistance  under
    Article V  or Article VI of the Illinois Public Aid  Code
    is not  available for payment for services provided in an
    establishment;
         (17)  a  statement  detailing  the  admission,  risk
    management,  and  residency  termination    criteria  and
    procedures;
         (18)  a  statement  listing  the rights specified in
    Section 95 and acknowledging that,  by  contracting  with
    the  assisted living or shared housing establishment, the
    resident does not forfeit those rights; and
         (19)  a statement detailing the Department's  annual
    on-site review process including what documents contained
    in  a  resident's  personal file shall be reviewed by the
    on-site reviewer as defined by rule.

    Section  95.  Resident  rights.  No  resident  shall   be
deprived of any rights, benefits, or privileges guaranteed by
law,  the  Constitution  of  the  State  of  Illinois, or the
Constitution of the United States solely on account of his or
her status as a resident of an  establishment,  nor  shall  a
resident forfeit any of the following rights:
         (1)  the  right to retain and use personal  property
    and a place to store personal items that is   locked  and
    secure;
         (2)  the  right to refuse services and to be advised
    of the consequences of that refusal;
         (3)  the right to respect  for  bodily  privacy  and
    dignity   at   all  times,  especially  during  care  and
    treatment;
         (4)  the right to the free exercise of religion;
         (5)  the right to privacy with regard to mail, phone
    calls, and visitors;
         (6)  the right to uncensored access  to  the   State
    Ombudsman or his or her designee;
         (7)  the   right  to  be  free  of  retaliation  for
    criticizing the establishment  or  making  complaints  to
    appropriate agencies;
         (8)  the  right  to be free of chemical and physical
    restraints;
         (9)  the right to be free of abuse or neglect or  to
    refuse to perform labor;
         (10)  the right to confidentiality of the resident's
    medical records;
         (11)  the  right of access and the right to copy the
    resident's   personal    files    maintained    by    the
    establishment;
         (12)  the   right   to   24   hours  access  to  the
    establishment;
         (13)  the right to a minimum of 90-days notice of  a
    planned establishment closure;
         (14)  the right to a minimum of 30-days notice of an
    involuntary  residency  termination,  except  where   the
    resident poses a threat to himself or others, or in other
    emergency  situations,  and  the  right  to  appeal  such
    termination; and
         (15)  the  right  to  a 30-day notice of delinquency
    and at least 15 days right to cure delinquency.

    Section  100.  Notice  of  closure.  An   owner   of   an
establishment  licensed  under  this  Act  shall give 90 days
notice prior to  voluntarily  closing  the  establishment  or
prior to closing any part of the establishment if closing the
part will require residency termination.  The notice shall be
given  to the Department, to any resident who must have their
residency terminated, the resident's representative, and to a
member of the  resident's  family,  where  practicable.   The
notice  shall  state  the  proposed  date  of closing and the
reason for closing.  The establishment shall offer to  assist
the  resident  in securing an alternative placement and shall
advise the resident on  available  alternatives.   Where  the
resident  is unable to choose an alternative placement and is
not under guardianship, the Department shall be  notified  of
the  need for relocation assistance.  The establishment shall
comply with all applicable laws and rules until the  date  of
closing, including those related to residency termination.

    Section   105.  Record   retention.     Service  delivery
contracts and related documents executed by each resident  or
resident's   representative   shall   be   maintained  by  an
establishment subject to this Act from the date of  execution
until   3   years  after  the  contract  is  terminated.  The
establishment shall  also  maintain  and  retain  records  to
support  compliance  with  each individual contract  and with
applicable  federal  and  State  rules.   The   records   and
supporting  documents,  as  defined  by  rule,  shall be made
available for  on-site  inspection  by  the  Department  upon
request at any time.

    Section 110.  Powers and duties of the Department.
    (a)  The  Department  shall conduct an annual unannounced
on-site visit  at each assisted  living  and  shared  housing
establishment   to   determine   compliance  with  applicable
licensure requirements and standards. Additional visits   may
be  conducted  without prior notice to the assisted living or
shared housing establishment.
    (b)  Upon receipt of information that  may  indicate  the
failure   of   the   assisted   living   or   shared  housing
establishment  or  a  service  provider  to  comply  with   a
provision  of  this Act, the Department shall investigate the
matter or make  appropriate  referrals  to  other  government
agencies  and  entities  having jurisdiction over the subject
matter of the possible violation.  The  Department  may  also
make  referrals  to  any  public  or  private agency that the
Department considers available for appropriate assistance  to
those involved. The Department may oversee and coordinate the
enforcement  of  State consumer protection policies affecting
residents residing in an establishment  licensed  under  this
Act.
    (c)  The  Department  shall  establish  by rule complaint
receipt,  investigation,      resolution,   and   involuntary
residency   termination  procedures.   Resolution  procedures
shall provide for  on-site  review  and    evaluation  of  an
assisted  living or shared housing  establishment found to be
in violation of this Act within a specified  period  of  time
based  on  the gravity and severity of  the violation and any
pervasive pattern of occurrences  of  the   same  or  similar
violations.
    (d)  The  Governor shall establish an Assisted Living and
Shared Housing  Advisory Board.
    (e)  The Department shall by rule establish penalties and
sanctions, which shall include, but need not be  limited  to,
the  creation  of  a  schedule  of  graduated  penalties  and
sanctions to include closure.
    (f)  The  Department  shall  by rule establish procedures
for disclosure of information  to  the  public,  which  shall
include,  but not be limited to, ownership, licensure status,
frequency  of  complaints,   disposition   of   substantiated
complaints, and disciplinary actions.
    (g)  The Department shall cooperate with, seek the advice
of,  and  collaborate  with  the  Assisted  Living and Shared
Housing Quality of Life Advisory Committee in the  Department
on  Aging  on  matters related to the responsibilities of the
Committee.  Consistent with subsection (d)  of  Section  125,
the  Department  shall provide to the Department on Aging for
distribution to the committee copies  of  all  administrative
rules  and  changes  to  administrative  rules for review and
comment prior to notice being given to the  public.   If  the
Committee, having been asked for its review, fails to respond
within 90 days, the rules shall be considered acted upon.
    (h)  Beginning  January  1,  2000,  the  Department shall
begin drafting rules necessary for the administration of this
Act.

    Section 115.  Reports  and  access  to  information.  The
Department may require periodic reports and shall have access
to  and  may  reproduce  or  photocopy at its cost any books,
records or other documents maintained by the establishment to
the extent necessary to carry out  this  Act  and  shall  not
divulge  or  disclose  the  contents  of  a resident's record
obtained under this Section in violation of this Act.

    Section 120.  Consent to review.  A licensee or applicant
for a license shall be deemed to have given  consent  to  any
authorized  officer,  employee, or agent of the Department to
enter and review the establishment in  accordance  with  this
Act,  except  that entrance to individual rooms shall only be
given with the consent of  the  resident  or  the  resident's
representative.   Refusal  to  permit  entry  or review shall
constitute grounds for denial, nonrenewal, or revocation of a
license.

    Section 125.  Assisted Living and Shared Housing Advisory
Board.
    (a)  The Governor shall appoint the Assisted  Living  and
Shared  Housing Advisory Board which shall be responsible for
advising the Director in all aspects of the administration of
the Act.
    (b)  The  Board  shall  be  comprised  of  the  following
persons:
         (1)  the Director  who  shall  serve  as  chair,  ex
    officio and nonvoting;
         (2)  the  Director  of  Aging  who  shall  serve  as
    vice-chair, ex officio and nonvoting;
         (3)  one  representative  each of the Departments of
    Public  Health,  Public  Aid,  and  Human  Services,  the
    Department  on  Aging,  the  Office  of  the  State  Fire
    Marshal, and the Illinois Housing  Development Authority,
    all nonvoting members;
         (4)  the State Ombudsman or his or her  designee;
         (5)  one representative of the Association  of  Area
    Agencies on Aging;
         (6)  four  members selected from the recommendations
    by provider organizations  whose  membership  consist  of
    nursing care or assisted living establishments;
         (7)  one member selected from the recommendations of
    provider  organizations whose membership consists of home
    health agencies;
         (8)  two residents  of  assisted  living  or  shared
    housing establishments;
         (9)  three     members     selected     from     the
    recommendations  of  consumer  organizations which engage
    solely in advocacy or legal representation on  behalf  of
    the senior population;
         (10)  one member who shall be a physician;
         (11)  one   member   who   shall   be  a  registered
    professional nurse selected from the  recommendations  of
    professional nursing associations; and
         (12)  two citizen members with expertise in the area
    of  gerontology  research  or  legal  research  regarding
    implementation of assisted living statutes.
    (c)  Members  of  the  Board created by this Act shall be
appointed to serve for terms of 3 years. All members shall be
appointed by  January  1,  2001.  One  third  of  the   Board
members' initial terms shall expire in one year; one third in
2  years, and one third in 3 years. A member's term  does not
expire until a successor is appointed by the  Governor.   Any
member  appointed  to  fill  a vacancy occurring prior to the
expiration of the term for which his or her  predecessor  was
appointed  shall be appointed for the remainder of that term.
The Board shall  meet  at  the  call  of  the  Director.  The
affirmative  vote  of   9  members  of  the  Board  shall  be
necessary  for  Board  action.  Members  of  this Board shall
receive  no   compensation  for  their   services,   however,
resident  members    shall  be  reimbursed  for  their actual
expenses.
    (d)  The  Board  shall  be   provided   copies   of   all
administrative  rules and changes to administrative rules for
review and comment prior to notice being given to the public.
If the Board, having been asked  for  its  review,  fails  to
advise  the  Department  within  90  days, the rules shall be
considered acted upon.

    Section 130.  Assisted Living and Shared Housing  Quality
of Life Advisory Committee.
    (a)  For  the  purpose of this Section only, "Department"
means the  Department  on  Aging  and  "Director"  means  the
Director of Aging.
    (b)  There  shall be established within the Department on
Aging the Assisted Living and Shared Housing Quality of  Life
Advisory  Committee.   The committee shall give advice to the
Department on activities of the assisted living ombudsman and
all other matters deemed relevant by the Director and to  the
Director  of  Public  Health on the delivery of personal care
services, the unique needs and concerns of  seniors  residing
in  housing  projects,  and  all  other  issues affecting the
quality of life of residents.  At  least  3  members  of  the
committee  must  serve  on  the  Assisted  Living  and Shared
Housing Advisory Board.  The committee shall be comprised  of
19  members  appointed  by  the  Governor and composed of the
following persons or their designees:  the  State  Ombudsman;
the  Director of the Division of Long Term Care; the Director
of the  Division  of  Older  American  Services;  one  member
representing  the  Department  of  Public  Health; one member
representing  the  Area  Agencies  on   Aging;   one   member
representing agencies providing case coordination services; 3
members  each  representing  different provider organizations
whose membership consists of residential  facilities  serving
seniors;  2  members representing providers of community care
services;  one  member  representing  the   Community   Based
Residential  Facility  projects;  one member representing the
Department of Public Aid's Supportive Living Facilities;  two
residents    of    assisted    living   or   shared   housing
establishments; 2 members representing consumer  groups  that
engage  solely  in advocacy or legal representation on behalf
of  the  senior  population;  and  2  citizen  members   with
expertise  in  either  gerontology research or legal research
regarding the implementation of assisted living statutes.
    The Director or his or her designee shall serve as the ex
officio and nonvoting chair.  The Director of  Public  Health
or  his  or  her  designee  shall serve as the ex officio and
nonvoting vice-chair.  A quorum shall consist  of  10  voting
members  and  all decisions shall be made by simple majority.
Members of the committee shall serve for 3 years or  until  a
replacement  has been named.  Initial appointments shall have
staggered terms to permit  no  more  than  one-third  of  the
committee  to  be  reappointed  each  year.   Members  of the
committee shall not receive compensation for  their  services
or expenses, except resident members, who shall be reimbursed
for  actual expenses.  The committee shall review and comment
on proposed rules to be promulgated pursuant to this  Act  by
the  Director or the Director of Public Health.  The Director
of Public Health shall provide copies of  rules  pursuant  to
subsection  (h)  of  Section 110.  The Director shall provide
the committee copies of all administrative rules and  changes
to  administrative  rules  for  review  and  comment prior to
notice being given to the public.  If the  committee,  having
been  asked  for its review, fails to respond within 90 days,
the rules shall be considered acted upon.
    (c)  The Department shall conduct a study or contract for
the conducting of a study to review the effects of  this  Act
on  the  availability of housing for seniors. The study shall
evaluate whether (i) sufficient housing exists  to  meet  the
needs  of  Illinois  seniors  for  housing, (ii) the services
available under this Act meet the needs of Illinois seniors,
(iii) the private sector marketplace is an adequate  supplier
of  housing  with  services  for  seniors, and (iv) any other
consideration the Department and  the  Department  of  Public
Health   deem  relevant.  The  Department  of  Public  Health
Assisted Living and Shared Housing Advisory Board shall serve
in an advisory capacity to the Department and  the  Committee
in the development of this report.
    (d)  The  study  mandated  by  subsection  (c)  shall  be
completed  and  its findings and  recommendations reported to
the General Assembly no later  than January 1, 2003.

    Section 135.  Civil penalties.
    (a)  The Department may assess a  civil  penalty  not  to
exceed  $5,000  against any establishment subject to this Act
for violations of this Act. Each day  a  violation  continues
shall be deemed a separate violation.
    (b)  Beginning  180  days  after  the  adoption  of rules
under this Act, the Department may assess   a  civil  penalty
not  to  exceed  $3,000 against any  establishment subject to
this Act for caring for a resident who exceeds the care needs
defined in this Act.  Each day a violation continues shall be
deemed a separate violation.
    (c)  The Department is authorized  to  hold  hearings  in
contested  cases  regarding appeals of the penalties assessed
pursuant to this Section.

    Section 140.  State and private funding.  Nothing in this
Act shall:
         (1)  require   or   authorize   the   State   agency
    responsible   for  the  administration  of  the   medical
    assistance  program   established  under  Article  V  and
    Article  VI  of the Illinois  Public Aid Code to approve,
    supply, or cover services provided in an assisted  living
    or shared housing establishment;
         (2)  require   an   agency   or   a   managed   care
    organization   to  approve,  supply,  or  cover  services
    provided   in  an  assisted   living  or  shared  housing
    establishment; or
         (3)  require any other third party payer to approve,
    supply or cover medically necessary  home  care  services
    provided in an assisted living establishment.

    Section   145.  Conversion   of   facilities.    Entities
licensed  as  facilities under the  Nursing Home Care Act may
elect to convert to a license under this Act.   Any  facility
that  chooses  to  convert, in whole or in part, shall follow
the requirements in the  Nursing  Home  Care  Act  and  rules
promulgated  under  that  Act regarding voluntary closure and
notice  to  residents.   Any  conversion  of  existing   beds
licensed  under  the Nursing Home Care Act to licensure under
this Act is exempt  from  review  by  the  Health  Facilities
Planning Board.
    Section 150.  Alzheimer and dementia programs.
    (a)  Except  as  provided  in this Section, Alzheimer and
dementia programs shall comply with 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 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.

    Section  155.  Application  of  Act.    An  establishment
licensed under this Act shall obtain and maintain  all  other
licenses,   permits,  certificates,  and  other  governmental
approvals required of it, except  that  a  licensed  assisted
living  or  shared  housing  establishment is exempt from the
provisions of the Illinois Health  Facilities  Planning  Act.
An  establishment  licensed  under this Act shall comply with
the requirements of all  local,  State,  federal,  and  other
applicable  laws, rules, and ordinances and the National Fire
Protection Association's Life Safety Code.

    Section  160.  Assisted   Living   and   Shared   Housing
Regulatory  Fund.   There is  created in the State treasury a
special fund to be known as the Assisted  Living  and  Shared
Housing   Regulatory   Fund.   All  moneys  received  by  the
Department under this Act shall be deposited into the Fund.
Subject to appropriation, moneys in the Fund  shall  be  used
for the administration of this Act. Interest earned on moneys
in the Fund shall be deposited into the Fund.

    Section  165.  Severability.  The  provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.

    Section 189.  The Illinois Act on the Aging is amended by
changing Section 4.04 as follows:

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

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

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

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

    (30 ILCS 105/5.490 new)
    Sec.  5.490.  The  Assisted  Living  and  Shared  Housing
Regulatory Fund.
    Section 193.  The Alzheimer's Special Care Disclosure Act
is amended by changing Section 10 as follows:

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

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

    (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
    Sec. 4.  Any long term care facility administrator, agent
or employee or any  physician,  hospital,  surgeon,  dentist,
osteopath,   chiropractor,   podiatrist,   Christian  Science
practitioner,  coroner,  social   worker,   social   services
administrator,  registered  nurse,  law  enforcement officer,
field personnel of the Illinois  Department  of  Public  Aid,
field  personnel  of the Illinois Department of Public Health
and County or Municipal Health Departments, personnel of  the
Department  of Human Services (acting as the successor to the
Department of Mental Health and Developmental Disabilities or
the Department of Public Aid), personnel of the  Guardianship
and Advocacy Commission, personnel of the State Fire Marshal,
local  fire  department  inspectors  or  other personnel,  or
personnel  of  the  Illinois  Department  on  Aging,  or  its
subsidiary Agencies on  Aging,  or  employee  of  a  facility
licensed  under  the  Assisted Living and Shared Housing Act,
having reasonable cause to believe  any  resident  with  whom
they  have  direct  contact  has  been  subjected to abuse or
neglect shall immediately report or cause a report to be made
to the Department. Persons required to make reports or  cause
reports  to  be made under this Section include all employees
of the State  of  Illinois  who  are  involved  in  providing
services  to  residents,  including  professionals  providing
medical  or  rehabilitation  services  and  all other persons
having direct contact with residents; and further include all
employees of community service agencies who provide  services
to  a resident of a public or private long term care facility
outside of that facility. Any long term care surveyor of  the
Illinois Department of Public Health who has reasonable cause
to believe in the course of a survey that a resident has been
abused  or  neglected and initiates an investigation while on
site at the facility shall be exempt  from  making  a  report
under  this Section but the results of any such investigation
shall be forwarded to the central register in  a  manner  and
form described by the Department.
    The  requirement  of  this Act shall not relieve any long
term  care  facility  administrator,  agent  or  employee  of
responsibility to report the abuse or neglect of  a  resident
under Section 3-610 of the Nursing Home Care Act.
    In  addition  to  the  above  persons  required to report
suspected resident abuse and neglect, any  other  person  may
make  a  report  to the Department, or to any law enforcement
officer, if such person has reasonable  cause  to  suspect  a
resident has been abused or neglected.
    This Section also applies to residents whose death occurs
from suspected abuse or neglect before being found or brought
to a hospital.
    A  person required to make reports or cause reports to be
made  under  this  Section  who  fails  to  comply  with  the
requirements  of  this  Section  is  guilty  of  a  Class   A
misdemeanor.
(Source: P.A. 89-507, eff. 7-1-97.)
    Section  195.  The  Nursing  Home  Care Act is amended by
changing Section 1-113 as follows:

    (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
    Sec.  1-113.  "Facility"  or  "long-term  care  facility"
means a private home, institution,  building,  residence,  or
any  other  place,  whether  operated for profit or not, or a
county home for  the  infirm  and  chronically  ill  operated
pursuant  to  Division  5-21 or 5-22 of the Counties Code, or
any similar institution operated by a  political  subdivision
of  the  State  of  Illinois,  which  provides,  through  its
ownership  or  management,  personal  care, sheltered care or
nursing for 3 or more persons, not related to  the  applicant
or  owner  by blood or marriage.  It includes skilled nursing
facilities and intermediate care facilities  as  those  terms
are  defined  in  Title  XVIII  and  Title XIX of the Federal
Social Security Act. It also includes homes, institutions, or
other places operated  by  or  under  the  authority  of  the
Illinois Department of Veterans' Affairs.
    "Facility" does not include the following:
    (1)  A  home, institution, or other place operated by the
federal government or agency thereof,  or  by  the  State  of
Illinois,  other  than  homes,  institutions, or other places
operated by or under the authority of the Illinois Department
of Veterans' Affairs;
    (2)  A hospital, sanitarium, or other  institution  whose
principal  activity  or  business is the diagnosis, care, and
treatment  of  human  illness  through  the  maintenance  and
operation as organized facilities therefor, which is required
to be licensed under the Hospital Licensing Act;
    (3)  Any "facility for child  care"  as  defined  in  the
Child Care Act of 1969;
    (4)  Any  "Community  Living  Facility" as defined in the
Community Living Facilities Licensing Act;
    (5)  Any "community residential alternative"  as  defined
in the Community Residential Alternatives Licensing Act;
    (6)  Any  nursing  home  or sanatorium operated solely by
and for  persons  who  rely  exclusively  upon  treatment  by
spiritual  means through prayer, in accordance with the creed
or  tenets  of  any  well-recognized  church   or   religious
denomination.  However, such nursing home or sanatorium shall
comply with all local laws and rules relating  to  sanitation
and safety;
    (7)  Any  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)  Any  "Supportive  Residence"  licensed   under   the
Supportive Residences Licensing Act; or
    (9)  Any  "supportive  living  facility" in good standing
with the  demonstration  project  established  under  Section
5-5.01a of the Illinois Public Aid Code; or.
    (10)  Any assisted living or shared housing establishment
licensed under the Assisted Living and Shared Housing Act.
(Source:  P.A.  89-499,  eff.  6-28-96;  89-507, eff. 7-1-97;
90-14, eff. 7-1-97; 90-763, eff. 8-14-98.)

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

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

    Section 197.  The Criminal Code of  1961  is  amended  by
changing Section 12-19 as follows:

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

    Section 199.  Effective date.  This Act takes  effect  on
January 1, 2001.

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