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| Public Act 093-1003 |
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AN ACT concerning health facilities.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Assisted Living and Shared Housing Act is | ||||
amended by changing Sections 10, 40, 55, 76, 110, and 125 as | ||||
follows:
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(210 ILCS 9/10)
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Sec. 10. Definitions. For purposes of this Act:
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"Activities of daily living" means eating, dressing, | ||||
bathing, toileting,
transferring, or personal
hygiene.
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"Advisory Board" means the Assisted Living and Shared | ||||
Housing Standards and Quality of Life Advisory Board.
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"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:
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(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;
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(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
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scheduled
and
unscheduled needs of a resident;
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(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
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resident's
representative; and
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(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 Standards and Quality of | ||
Life 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.
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"Assisted living establishment" or "establishment" does | ||
not mean any of the
following:
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(1) A home, institution, or similar place operated by | ||
the federal
government or the
State of Illinois.
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(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.
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(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.
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(4) A facility for child care as defined in the Child | ||
Care Act of 1969.
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(5) A community living facility as defined in the | ||
Community Living
Facilities
Licensing Act.
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(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.
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(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.
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(8) A supportive residence licensed under the | ||
Supportive Residences
Licensing Act.
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(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.
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(10) A free-standing hospice facility licensed under | ||
the Hospice Program
Licensing Act.
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(11) A shared housing establishment.
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(12) A supportive living facility as described in | ||
Section 5-5.0la of the
Illinois Public Aid
Code.
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"Department" means the Department of Public Health.
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"Director" means the Director of Public Health.
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"Emergency situation" means imminent danger of death or | ||
serious physical
harm to a
resident of an establishment.
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"License" means any of the following types of licenses | ||
issued to an applicant
or licensee by the
Department:
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(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
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transfer in accordance with Section 50 of this Act.
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(2) "Regular license" means a license issued by the | ||
Department to an
applicant or
licensee that is in
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substantial compliance with this Act and any rules | ||
promulgated
under this Act.
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"Licensee" means a person, agency, association, | ||
corporation, partnership, or
organization that
has been issued | ||
a license to operate an assisted living or shared housing
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establishment.
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"Licensed health care professional" means a registered | ||
professional nurse,
an advanced practice nurse, a physician | ||
assistant, and a licensed practical
nurse.
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"Mandatory services" include the following:
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(1) 3 meals per day available to the residents prepared | ||
by the
establishment or an
outside contractor;
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(2) housekeeping services including, but not limited | ||
to, vacuuming,
dusting, and
cleaning the resident's unit;
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(3) personal laundry and linen services available to | ||
the residents
provided
or arranged
for by the | ||
establishment;
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(4) security provided 24 hours each day including, but | ||
not limited to,
locked entrances
or building or contract | ||
security personnel;
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(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
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response vendor, or others able to respond to his or her | ||
need for assistance;
and
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(6) assistance with activities of daily living as | ||
required by each
resident.
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"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.
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"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
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living or shared
housing establishment, except that if the | ||
person who owns the physical plant is
an affiliate of the
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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
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establishment, the
person who owns the physical plant shall | ||
incur jointly and severally with the
owner all liabilities
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imposed on an owner under this Act.
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"Physician" means a person licensed
under the Medical | ||
Practice Act of 1987
to practice medicine in all of its
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branches.
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"Resident" means a person residing in an assisted living or | ||
shared housing
establishment.
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"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.
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"Self" means the individual or the individual's designated | ||
representative.
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"Shared housing establishment" or "establishment" means a | ||
publicly or
privately operated free-standing
residence for 16
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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:
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(1) services consistent with a social model that is | ||
based on the premise
that the resident's unit is his or her | ||
own home;
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(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
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(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.
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"Shared housing establishment" or "establishment" does not | ||
mean any of the
following:
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(1) A home, institution, or similar place operated by | ||
the federal
government or the State of Illinois.
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(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.
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(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.
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(4) A facility for child care as defined in the Child | ||
Care Act of 1969.
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(5) A community living facility as defined in the | ||
Community Living
Facilities Licensing Act.
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(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.
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(7) A facility licensed by the Department of Human | ||
Services as a
community-integrated
community-intergrated
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living arrangement as defined in the Community-Integrated
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Living Arrangements Licensure and Certification Act.
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(8) A supportive residence licensed under the | ||
Supportive Residences
Licensing Act.
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(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.
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(10) A free-standing hospice facility licensed under | ||
the Hospice Program
Licensing Act.
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(11) An assisted living establishment.
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(12) A supportive living facility as described in | ||
Section 5-5.01a of the
Illinois Public Aid Code.
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"Total assistance" means that staff or another individual | ||
performs the entire
activity of daily
living without | ||
participation by the resident.
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(Source: P.A. 91-656, eff. 1-1-01.)
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(210 ILCS 9/40)
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Sec. 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 and if | ||
the Department determines that the applicant meets the | ||
licensure requirements of this Act, the Department
shall
may
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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.
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(Source: P.A. 91-656, eff. 1-1-01.)
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(210 ILCS 9/55)
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Sec. 55. Grounds for denial of a license.
An application | ||
for a license may be denied for any of the following reasons:
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(1) failure to meet any of the standards set forth in | ||
this Act or by rules
adopted by the Department under this | ||
Act;
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(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
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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;
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(3) personnel insufficient in number or unqualified by | ||
training or
experience to properly care for
the residents;
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(4) insufficient financial or other resources to | ||
operate and conduct the
establishment in
accordance with | ||
standards adopted by the Department under this Act;
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(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
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(6) the establishment is not under the direct | ||
supervision of a full-time
director, as defined by
rule.
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The Department shall deny an application for a license if 6 | ||
months after submitting its initial application the applicant | ||
has not provided the Department with all of the information | ||
required for review and approval or the applicant is not | ||
actively pursuing the processing of its application. In | ||
addition, the Department shall determine whether the applicant | ||
has violated any provision of the Nursing Home Care Act.
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(Source: P.A. 91-656, eff. 1-1-01.)
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(210 ILCS 9/76)
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Sec. 76. Vaccinations.
Pneumonia shots.
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(a) Before a prospective resident's admission to an
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assisted living establishment or a shared housing | ||
establishment that does not provide medication administration | ||
as an optional service, the
establishment shall advise the | ||
prospective resident to consult a
physician to determine | ||
whether the prospective resident should obtain a
vaccination | ||
against pneumococcal pneumonia or influenza, or both. | ||
(b) An assisted living establishment or shared housing | ||
establishment that provides medication administration as an | ||
optional service shall annually administer a vaccination | ||
against influenza to
each
resident, in accordance with the | ||
recommendations of the Advisory Committee on
Immunization | ||
Practices of the Centers for Disease Control and Prevention | ||
that
are most
recent to the time of vaccination, unless the | ||
vaccination is medically
contraindicated or
the resident has | ||
refused the vaccine. Influenza vaccinations for all residents
| ||
age 65 or
over shall be completed by November 30 of each year | ||
or as soon as practicable
if vaccine
supplies are not available | ||
before November 1. Residents admitted after November
30,
during | ||
the flu season, and until February 1 shall, as medically | ||
appropriate,
receive an influenza vaccination prior to or upon | ||
admission or as soon as
practicable if vaccine
supplies are not | ||
available at the time of the admission, unless the vaccine is
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medically
contraindicated or the resident has refused the | ||
vaccine. In the event that the
Advisory
Committee on | ||
Immunization Practices of the Centers for Disease Control and
| ||
Prevention
determines that dates of administration other than | ||
those stated in this Section are
optimal to
protect the health | ||
of residents, the Department is authorized to adopt rules
to | ||
require
vaccinations at those times rather than the times | ||
stated in this Section. An establishment shall document in the | ||
resident's medication record that an annual
vaccination | ||
against influenza
was administered, refused, or medically | ||
contraindicated. | ||
An assisted living establishment or shared housing | ||
establishment that provides medication administration as an | ||
optional service shall administer or arrange for | ||
administration of a pneumococcal
vaccination to each resident | ||
who is age 65 or over, in accordance with the
recommendations | ||
of the Advisory Committee on Immunization Practices of the
| ||
Centers
for Disease Control and Prevention, who has not | ||
received this immunization
prior to or
upon admission to the | ||
establishment, unless the resident refuses the offer for
| ||
vaccination or the
vaccination is medically contraindicated. | ||
An establishment shall document in each
resident's
medication | ||
record that a vaccination against pneumococcal pneumonia was | ||
offered
and administered, refused, or medically | ||
contraindicated.
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(Source: P.A. 92-562, eff. 6-24-02.)
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(210 ILCS 9/110)
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Sec. 110. Powers and duties of the Department.
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(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.
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(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,
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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
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licensed under this Act.
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(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.
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(d) The Governor shall establish an Assisted Living and | ||
Shared Housing Standards and Quality of Life
Advisory Board.
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(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.
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(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.
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(g) (Blank).
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.
| ||
(Source: P.A. 91-656, eff. 1-1-01.)
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(210 ILCS 9/125)
| ||
Sec. 125. Assisted Living and Shared Housing Standards and | ||
Quality of Life Advisory Board.
| ||
(a) The Governor shall appoint the Assisted Living and | ||
Shared Housing
Standards and Quality of Life Advisory Board | ||
which shall be
responsible for advising the Director in all | ||
aspects of the administration of
the Act. The Board shall give | ||
advice to the Department concerning activities of the assisted | ||
living ombudsman and all other matters deemed relevant by the | ||
Director and to the Director concerning 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.
| ||
(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, and 2 | ||
representatives of the Department on Aging, 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; .
| ||
(13) two members representing providers of community | ||
care services; and | ||
(14) one member representing agencies providing case | ||
coordination services.
| ||
(c) Members of the Board appointed under paragraphs (5) | ||
through (14) of subsection (b)
created by this Act shall be | ||
appointed to serve for
terms of 3 years except as otherwise | ||
provided in this Section.
All members shall be appointed by | ||
January 1, 2001, except that the 2 members representing the | ||
Department on Aging appointed under paragraph (3) of subsection | ||
(b) and the members appointed under paragraphs (13) and (14) of | ||
subsection (b) shall be appointed by January 1, 2005.
One third | ||
of the Board members' initial terms shall expire in one year;
| ||
one third in 2
years, and one third in 3 years. Of the 3 members | ||
appointed under paragraphs (13) and (14) of subsection (b), one | ||
shall serve for an initial term of one year, one shall serve | ||
for an initial term of 2 years, and one shall serve for an | ||
initial term of 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 10
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.
| ||
(Source: P.A. 91-656, eff. 1-1-01.)
| ||
(210 ILCS 9/130 rep.)
| ||
Section 6. The Assisted Living and Shared Housing Act is | ||
amended by repealing Section 130. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||