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Public Act 095-0628
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| HB1775 Enrolled |
LRB095 07137 DRJ 27264 b |
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AN ACT concerning regulation.
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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 35 and 125 as follows:
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(210 ILCS 9/35)
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Sec. 35. Issuance of license.
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(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:
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(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
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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;
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(2) that the establishment is under the supervision of |
a full-time
director who is at least 21 years of age and |
has a high school diploma or equivalent plus either: |
(A) 2 years of management experience or 2 years of |
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experience in positions of progressive responsibility |
in health care, housing with services, or adult day |
care or providing similar services to the elderly; or |
(B) 2 years of management experience or 2 years of |
experience in positions of progressive responsibility |
in hospitality and training in health care and housing |
with services management as defined by rule
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;
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(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;
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(4) that direct care staff meet the requirements of the |
Health Care Worker
Background Check Act;
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(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;
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(6) that the applicant pays all required fees;
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(7) that the applicant has provided to the Department |
an accurate
disclosure document in
accordance with the |
Alzheimer's Special Care Disclosure Act and in
substantial |
compliance with Section 150 of this Act.
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In addition to any other requirements set forth in this |
Act, as a condition of licensure under this Act, the director |
of an establishment must participate in at least 20 hours of |
training every 2 years to assist him or her in better meeting |
the needs of the residents of the establishment and manage the |
operation of the establishment.
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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
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application, and shall not be transferable or assignable.
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(Source: P.A. 93-141, eff. 7-10-03.)
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(210 ILCS 9/125)
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Sec. 125. Assisted Living and Shared Housing Standards and |
Quality of Life Advisory Board.
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(a) The Director
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 |
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affecting the quality of life of residents.
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(b) The Board shall be comprised of the following persons:
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(1) the Director who shall serve as chair, ex officio |
and nonvoting;
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(2) the Director of Aging who shall serve as |
vice-chair, ex officio
and nonvoting;
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(3) one representative each of the Departments of
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Public Health, Healthcare and Family Services
Public Aid, |
and Human Services, the
Office of
the State Fire Marshal, |
and the Illinois Housing
Development Authority, and 2 |
representatives of the Department on Aging, all nonvoting |
members;
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(4) the State Ombudsman or his or her designee;
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(5) one representative of the Association of Area |
Agencies on Aging;
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(6) four members selected from the recommendations by |
provider
organizations
whose membership consist of nursing |
care or assisted living establishments;
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(7) one member selected from the recommendations of |
provider organizations
whose
membership consists of home |
health agencies;
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(8) two residents of assisted living or shared housing |
establishments;
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(9) three members selected from the recommendations of |
consumer
organizations
which engage solely in advocacy or |
legal representation on behalf of the
senior
population;
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(10) one member who shall be a physician;
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(11) one member who shall be a registered professional |
nurse selected from
the
recommendations
of professional |
nursing associations;
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(12) two citizen members with expertise in the area of |
gerontology
research or legal research regarding |
implementation of assisted living
statutes;
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(13) two members representing providers of community |
care services; and |
(14) one member representing agencies providing case |
coordination services.
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(c) Members of the Board appointed under paragraphs (5) |
through (14) of subsection (b) shall be appointed to serve for
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terms of 3 years except as otherwise provided in this Section.
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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
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appointed by the Director
Governor. Any member appointed to |
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fill a vacancy occurring
prior to the
expiration of the term |
for which his or her predecessor was appointed shall be
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appointed
for the remainder of that term. The Board shall meet |
at the call of the
Director. The
affirmative vote of 10
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.
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(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
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acted upon.
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(Source: P.A. 93-1003, eff. 8-23-04; revised 12-15-05.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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