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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 
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amended  by changing Section 160 as follows:
 



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    (210 ILCS 9/160)


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    Sec. 160. Assisted Living and Shared Housing Regulatory 
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Fund. There is
created in the
State treasury a special fund to 
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be known as the Assisted Living and Shared
Housing Regulatory

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Fund. All moneys received by the Department under this Act and 
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the Board and Care Home Registration Act shall be deposited

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into the Fund.
Subject to appropriation, moneys in the Fund 
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shall be used for the
administration of this Act and the Board 
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and Care Home Registration Act.
Interest earned on moneys in 
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the Fund shall be deposited into the Fund. 

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(Source: P.A. 94-21, eff. 1-1-06.)

 
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    Section 10. The Hospital Licensing Act is amended  by 
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changing Section 6.09 as follows:
 



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    (210 ILCS 85/6.09)  (from Ch. 111 1/2, par. 147.09)



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    Sec. 6.09. (a) In order to facilitate the orderly 
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transition of aged
and disabled patients from hospitals to 
 


 






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post-hospital care, whenever a
patient who qualifies for the

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federal Medicare program is hospitalized, the patient shall be 
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notified
of discharge at least
24 hours prior to discharge from

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the hospital. With regard to pending discharges to  a skilled 
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nursing facility or if home health services are ordered, the 
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hospital must inform its designated case coordination unit, as 
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defined in 89 Ill. Adm. Code 240.260, of the pending discharge 
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and must provide the patient with the case coordination unit's 
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telephone number and other contact information.


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    (b) Every hospital shall develop procedures for a physician 
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with medical
staff privileges at the hospital or any 
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appropriate medical staff member to
provide the discharge 
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notice prescribed in subsection (a) of this Section. The 
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procedures must include prohibitions against discharging or 
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referring a patient to any of the following if unlicensed, 
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uncertified, or unregistered: (i) a board and care facility, as 
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defined in the Board and Care Home Registration Act; (ii) an 
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assisted living and shared housing establishment, as defined in 
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the Assisted Living and Shared Housing Act;  (iii) a facility 
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licensed under the Nursing Home Care Act; (iv) a supportive 
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living facility, as defined in Section 5-5.01a of the Illinois 
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Public Aid Code;  or (v) a free-standing hospice facility 
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licensed under the Hospice Program Licensing Act if licensure, 
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certification, or registration is required.  The Department of 
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Public Health shall annually provide hospitals with a list of 
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licensed, certified, or registered board and care facilities, 
 


 






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assisted living and shared housing establishments, nursing 
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homes, supportive living facilities, and hospice facilities. 
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Reliance upon this list by a hospital shall satisfy compliance 
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with this requirement.
The procedure may also include a waiver 
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for any case in which a discharge
notice is not feasible due to 
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a short length of stay in the hospital by the patient,
or for 
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any case in which the patient voluntarily desires to leave the

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hospital before the expiration of the
24 hour period.

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    (c) At least
24 hours prior to discharge from the hospital, 
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the
patient shall receive written information on the patient's 
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right to appeal the
discharge pursuant to the
federal Medicare 
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program, including the steps to follow to appeal
the discharge 
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and the appropriate telephone number to call in case the

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patient intends to appeal the discharge.

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(Source: P.A. 94-335, eff. 7-26-05.)

 
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    Section 15. The Board and Care Home Registration Act is 
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amended  by changing Sections 1, 2a, 3, and 7 as follows:
 



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    (225 ILCS 7/1)



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    Sec. 1. Short title. This Act may be cited as the Board and 
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Care Home Registration Act.

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(Source: P.A. 89-387, eff. 8-20-95.)

 



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    (225 ILCS 7/2a)



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    Sec. 2a. Staff. The staff of the facility may provide room,

 


 






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housekeeping, meals, protective oversight and other types of 
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assistance to the
residents, as permitted under the Assisted 
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Living and Shared Housing Act.

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(Source: P.A. 89-387, eff. 8-20-95.)

 



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    (225 ILCS 7/3)



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    Sec. 3. Licensure
Registration. 

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    (a) Every board and care home located in this
State shall 
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be licensed by
register with the Department.  Registration shall 
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be in the form
prescribed by the Department as a shared housing 
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or assisted living establishment under the Assisted Living and 
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Shared Housing Act.
and shall include the following:


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        (1) The name, address, and telephone number of the 
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    facility.


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        (2) The name, address, and telephone number of the 
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    owner of the facility.


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        (3) The number of residents of the facility.


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        (4) A registration fee, as determined, by the 
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    Department.

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    (b) (Blank).
Every registration issued under this Act shall 
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be valid for 2 years.
Upon
renewal, the facility must re-apply 
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and meet the registration requirements
under this Section.

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    (c) (Blank).
The Department shall promulgate rules to 
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protect the rights and safety
of
the residents and to enforce 
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the provisions of this Act.

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    (d) No public official, agent, or employee may place any 
 


 






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person in, or recommend that any person be placed in, or 
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directly or indirectly cause any person to be placed in any 
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board and care home that is not licensed as an assisted living 
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or shared housing establishment
registered.
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    (e) No public official, agent, or employee may place the 
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name of an unlicensed
unregistered establishment that is 
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required to be licensed
registered under this Act on a list of 
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programs.
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    (f) Failure of a board and care home to comply with the 
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provisions of this Section is punishable by a fine of up to 
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$1,000.
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    (g) Failure of a board and care home to comply with the 
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provisions of this Section within 90 days after the initial 
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finding of noncompliance is punishable by a fine of $1,000 on 
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each day the provisions of this Section are not complied with.

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(Source: P.A. 94-21, eff. 1-1-06.)

 
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    (225 ILCS 7/7)

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    Sec. 7. Assisted Living and Shared Housing Regulatory Fund. 
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All licensure
registration fees and fines collected pursuant to 
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the provisions of this Act shall be deposited into the Assisted 
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Living and Shared Housing Regulatory Fund. Subject to 
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appropriation, moneys deposited into the Fund shall be used for 
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the administration of this Act and the Assisted Living and 
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Shared Housing Act.

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(Source: P.A. 94-21, eff. 1-1-06.)
 

 


 






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