Public Act 094-0256
 		





HB0700 Enrolled
LRB094 04956 DRJ 37832 b






    AN ACT concerning regulation.

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


 
    Section 5. The Assisted Living and Shared Housing Act is 
amended  by changing Sections 70, 75, and 90 as follows:
 



    (210 ILCS 9/70)



    Sec. 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.

(Source: P.A. 91-656, eff. 1-1-01.)

 



    (210 ILCS 9/75)



    Sec. 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 and such care is 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 (10)
(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.

(Source: P.A. 93-141, eff. 7-10-03.)

 



    (210 ILCS 9/90)


    Sec. 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, excluding contracts executed with residents 
    residing in licensed establishments participating in the 
    Department on Aging's Comprehensive Care in Residential 
    Settings Demonstration Project;


        (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; and .
        (20) a statement outlining whether the establishment 
    charges a community fee and, if so, the amount of the fee 
    and whether it is refundable; if the fee is refundable, the 
    contract must describe the conditions under which it is 
    refundable and how the amount of the refund is determined.


(Source: P.A. 93-775, eff. 1-1-05.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.