93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4982


 
Introduced 02/05/04, by Harry Osterman
 
SYNOPSIS AS INTRODUCED:
 		













210 ILCS 9/5









    Amends the Assisted Living and Shared Housing Act.  Makes a technical change
in
the legislative purpose Section.
















LRB093 16925 DRJ 42582 b

















 


 


A BILL FOR









 











HB4982

LRB093 16925 DRJ 42582 b






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    AN ACT concerning health care. 

 
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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 
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amended by changing
Section 5 as follows:


 
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    (210 ILCS 9/5)

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    Sec. 5. Legislative purpose.   The purpose of this Act is to 
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permit  the
development and
availability of assisted living 
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establishments and shared housing
establishments
based on a 
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social
model  that promotes the dignity, individuality, 
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privacy, independence,
autonomy,  and decision-making ability 
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and the right to negotiated risk  of
those persons; to provide

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for the health, safety,
and  welfare of those residents residing 
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in assisted living and shared
housing
establishments in
this 
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State; to promote  continuous quality improvement in assisted 
16
living; and
to encourage the
development of innovative and  
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affordable  assisted  living establishments and
shared housing

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with  service establishments for elderly persons of all income  
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levels.  It is
the public policy of
this State that assisted  
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living is an important part of the continuum of
long term care.  
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In support
of the goal of aging in place within the parameters 
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established by this Act,
assisted  living
and shared housing 
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establishments shall  be operated as
residential environments

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with supportive  services designed to meet the individual 
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resident's changing
needs and
preferences. The residential 
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environment shall be  designed to encourage family
and community

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involvement.  The services available to residents, either 
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directly or through
contracts or
agreements, are intended to 
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help residents  remain as independent as possible.
Assisted 
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living,
which promotes resident choice, autonomy, and decision 
31
making, should  be based
on a contract
model designed to result 
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in a  negotiated agreement between the resident or
the 
 


 






HB4982
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LRB093 16925 DRJ 42582 b




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resident's
representative and the provider, clearly 
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identifying the services to be
provided. This model
assumes 
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that residents are able to direct services provided for them 
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and will
designate a
representative to direct
these services if 
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they themselves are unable to do so.    This model supports
the

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principle  that there is
an acceptable balance  between  consumer  
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protection and resident willingness
to accept risk and
that  
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most consumers are competent to make their own judgments about 
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the
services they are
obtaining.  Regulation  of assisted living 
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establishments and shared housing
establishments must
be 
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sufficiently flexible to allow residents to age in place within 
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the
parameters of this Act.
The
administration of this Act and 
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services provided must therefore ensure that the
residents have 
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the rights and responsibilities to direct the scope of services

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they
receive and to make individual choices based on their 
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needs and preferences.
These
establishments shall be operated 
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in a manner that provides the least
restrictive and
most 
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homelike environment and that promotes independence, autonomy,

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individuality,
privacy, dignity, and the right to negotiated 
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risk in residential
surroundings.  It is not the intent of the 
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State that establishments licensed
under this Act
be used as 
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halfway houses for alcohol and substance abusers.


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