HB4465 102ND GENERAL ASSEMBLY

LRB102 23419 CPF 32588 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4465

Introduced 1/21/2022, by Rep. Anna Moeller

SYNOPSIS AS INTRODUCED:

210 ILCS 9/77 new
210 ILCS 35/5.10 new
210 ILCS 40/10.2 new
210 ILCS 45/3-613 new
210 ILCS 46/3-613 new
210 ILCS 47/3-613 new

Amends the Assisted Living and Shared Housing Act, the Community Living Facilities Licensing Act, the Life Care Facilities Act, the Nursing Home Care Act, the MC/DD Act, and the ID/DD Community Care Act. Provides that, on and after 36 months after the amendatory Act's effective date, facilities or establishments licensed under the Acts are prohibited from: (1) being owned by and leased or rented to related business entities; and (2) employing a service provider that is a related business entity of the owner of the facility or establishment. Provides that a facility or establishment shall not charge any over-market rate for a resident's rent or for services provided to a resident. Provides that the provisions do not apply to any facility or establishment that does not receive State or federal funds through Medicaid or Medicare. Contains other provisions.

A BILL FOR

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 adding Section 77 as follows:

(210 ILCS 9/77 new)

Sec. 77. Related business entities.

(a) On and after 36 months after the effective date of this amendatory Act of the 102nd General Assembly, it is prohibited for an establishment to be owned by and leased or rented to related business entities.

(b) On and after 36 months after the effective date of this amendatory Act of the 102nd General Assembly, it is prohibited for an establishment to employ a service provider that is a related business entity of the owner of the establishment.

(c) An establishment shall disclose all tiers of ownership of the establishment to the Department.

(d) An establishment shall not charge any over-market rate for a resident's rent or for services provided to a resident.

(e) This Section does not apply to any establishment that does not receive State or federal funds through Medicaid or Medicare.

(f) In this Section, "related business entity" means one of 2 or more entities where:

(1) the entities have (i) significant common purposes and substantial common membership or (ii) directly or indirectly substantial common direction or control; or

(2) either entity owns, directly or through one or more entities, a 50% or greater interest in the capital or profits of the other.

Section 10. The Community Living Facilities Licensing Act is amended by adding Section 5.10 as follows:

(210 ILCS 35/5.10 new)

Sec. 5.10. Related business entities.

(a) On and after 36 months after the effective date of this amendatory Act of the 102nd General Assembly, it is prohibited for a Community Living Facility to be owned by and leased or rented to related business entities.

(b) On and after 36 months after the effective date of this amendatory Act of the 102nd General Assembly, it is prohibited for a Community Living Facility to employ a service provider that is a related business entity of the owner of the Community Living Facility.

(c) A Community Living Facility shall disclose all tiers of ownership of the Community Living Facility to the Department.

(d) A Community Living Facility shall not charge any over-market rate for a resident's rent or for services provided to a resident.

(e) This Section does not apply to any Community Living Facility that does not receive State or federal funds through Medicaid or Medicare.

(f) In this Section, "related business entity" means one of 2 or more entities where:

(1) the entities have (i) significant common purposes and substantial common membership or (ii) directly or indirectly substantial common direction or control; or

(2) either entity owns, directly or through one or more entities, a 50% or greater interest in the capital or profits of the other.

Section 15. The Life Care Facilities Act is amended by adding Section 10.2 as follows:

(210 ILCS 40/10.2 new)

Sec. 10.2. Related business entities.

(a) On and after 36 months after the effective date of this amendatory Act of the 102nd General Assembly, it is prohibited for a facility to be owned by and leased or rented to related business entities.

(b) On and after 36 months after the effective date of this amendatory Act of the 102nd General Assembly, it is prohibited for a facility to employ a service provider that is a related business entity of the owner of the facility.

(c) A facility shall disclose all tiers of ownership of the facility to the Department.

(d) A facility shall not charge any over-market rate for a resident's rent or for services provided to a resident.

(e) This Section does not apply to any facility that does not receive State or federal funds through Medicaid or Medicare.

(f) In this Section, "related business entity" means one of 2 or more entities where:

(1) the entities have (i) significant common purposes and substantial common membership or (ii) directly or indirectly substantial common direction or control; or

(2) either entity owns, directly or through one or more entities, a 50% or greater interest in the capital or profits of the other.

Section 20. The Nursing Home Care Act is amended by adding Section 3-613 as follows:

(210 ILCS 45/3-613 new)

Sec. 3-613. Related business entities.

(a) On and after 36 months after the effective date of this amendatory Act of the 102nd General Assembly, it is prohibited for a facility to be owned by and leased or rented to related business entities.

(b) On and after 36 months after the effective date of this amendatory Act of the 102nd General Assembly, it is prohibited for a facility to employ a service provider that is a related business entity of the owner of the facility.

(c) A facility shall disclose all tiers of ownership of the facility to the Department.

(d) A facility shall not charge any over-market rate for a resident's rent or for services provided to a resident.

(e) This Section does not apply to any facility that does not receive State or federal funds through Medicaid or Medicare.

(f) In this Section, "related business entity" means one of 2 or more entities where:

(1) the entities have (i) significant common purposes and substantial common membership or (ii) directly or indirectly substantial common direction or control; or

(2) either entity owns, directly or through one or more entities, a 50% or greater interest in the capital or profits of the other.

Section 25. The MC/DD Act is amended by adding Section 3-613 as follows:

(210 ILCS 46/3-613 new)

Sec. 3-613. Related business entities.

(a) On and after 36 months after the effective date of this amendatory Act of the 102nd General Assembly, it is prohibited for a facility to be owned by and leased or rented to related business entities.

(b) On and after 36 months after the effective date of this amendatory Act of the 102nd General Assembly, it is prohibited for a facility to employ a service provider that is a related business entity of the owner of the facility.

(c) A facility shall disclose all tiers of ownership of the facility to the Department.

(d) A facility shall not charge any over-market rate for a resident's rent or for services provided to a resident.

(e) This Section does not apply to any facility that does not receive State or federal funds through Medicaid or Medicare.

(f) In this Section, "related business entity" means one of 2 or more entities where:

(1) the entities have (i) significant common purposes and substantial common membership or (ii) directly or indirectly substantial common direction or control; or

(2) either entity owns, directly or through one or more entities, a 50% or greater interest in the capital or profits of the other.

Section 30. The ID/DD Community Care Act is amended by adding Section 3-613 as follows:

(210 ILCS 47/3-613 new)

Sec. 3-613. Related business entities.

(a) On and after 36 months after the effective date of this amendatory Act of the 102nd General Assembly, it is prohibited for a facility to be owned by and leased or rented to related business entities.

(b) On and after 36 months after the effective date of this amendatory Act of the 102nd General Assembly, it is prohibited for a facility to employ a service provider that is a related business entity of the owner of the facility.

(c) A facility shall disclose all tiers of ownership of the facility to the Department.

(d) A facility shall not charge any over-market rate for a resident's rent or for services provided to a resident.

(e) This Section does not apply to any facility that does not receive State or federal funds through Medicaid or Medicare.

(f) In this Section, "related business entity" means one of 2 or more entities where:

(1) the entities have (i) significant common purposes and substantial common membership or (ii) directly or indirectly substantial common direction or control; or

(2) either entity owns, directly or through one or more entities, a 50% or greater interest in the capital or profits of the other.