HB3508sam001 95TH GENERAL ASSEMBLY

Sen. Edward D. Maloney

Filed: 4/29/2008

09500HB3508sam001 LRB095 08515 DRJ 49935 a

AMENDMENT TO HOUSE BILL 3508

AMENDMENT NO. ______. Amend House Bill 3508 on page 6, line 1, after "facilities", by inserting ", assisted living or shared housing establishments, and supportive living facilities"; and

on page 6, line 5, after "facility", by inserting ", assisted living or shared housing establishment, and supportive living facility"; and

on page 6, lines 24 and 25, after "facility" each time it appears, by inserting "or establishment"; and

on page 10, after line 12, by inserting the following:

"Section 8. The Assisted Living and Shared Housing Act is amended by changing Section 110 and by adding Section 117 as follows:

(210 ILCS 9/110)

Sec. 110. Powers and duties of the Department.

(a) The Department shall conduct an annual unannounced on-site visit at each assisted living and shared housing establishment to determine compliance with applicable licensure requirements and standards. Submission of an establishment's current Consumer Choice Information Report required by Section 117 shall be verified at time of inspection. Additional visits may be conducted without prior notice to the assisted living or shared housing establishment.

(b) Upon receipt of information that may indicate the failure of the assisted living or shared housing establishment or a service provider to comply with a provision of this Act, the Department shall investigate the matter or make appropriate referrals to other government agencies and entities having jurisdiction over the subject matter of the possible violation. The Department may also make referrals to any public or private agency that the Department considers available for appropriate assistance to those involved. The Department may oversee and coordinate the enforcement of State consumer protection policies affecting residents residing in an establishment licensed under this Act.

(c) The Department shall establish by rule complaint receipt, investigation, resolution, and involuntary residency termination procedures. Resolution procedures shall provide for on-site review and evaluation of an assisted living or shared housing establishment found to be in violation of this Act within a specified period of time based on the gravity and severity of the violation and any pervasive pattern of occurrences of the same or similar violations.

(d) The Governor shall establish an Assisted Living and Shared Housing Standards and Quality of Life Advisory Board.

(e) The Department shall by rule establish penalties and sanctions, which shall include, but need not be limited to, the creation of a schedule of graduated penalties and sanctions to include closure.

(f) The Department shall by rule establish procedures for disclosure of information to the public, which shall include, but not be limited to, ownership, licensure status, frequency of complaints, disposition of substantiated complaints, and disciplinary actions.

(g) (Blank).

(h) Beginning January 1, 2000, the Department shall begin drafting rules necessary for the administration of this Act.

(Source: P.A. 93-1003, eff. 8-23-04.)

(210 ILCS 9/117 new)

Sec. 117. Consumer Choice Information Reports.

(a) Every establishment shall complete a Consumer Choice Information Report and shall file it with the Office of State Long Term Care Ombudsman electronically as prescribed by the Office. The Report shall be filed annually and upon request of the Office of State Long Term Care Ombudsman. The first Consumer Choice Information Report is due to the Office of State Long Term Care Ombudsman on July 1, 2009. The Consumer Choice Information Report must be completed by the establishment in full.

(b) A violation of any of the provisions of this Section constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for the enforcement of this Section.

(c) The Department of Public Health shall include verification of the submission of an establishment's current Consumer Choice Information Report when conducting an annual on-site visit under Section 110."; and

on page 10, line 22, after the period, by inserting "The first Consumer Choice Information Report is due to the Office of State Long Term Care Ombudsman on July 1, 2009."; and

on page 11, line 25, by replacing "and" with "and"; and

on page 12, line 2, by replacing "." with "; and ."; and

on page 16, after line 20, by inserting the following:

"Section 12. The Illinois Public Aid Code is amended by changing Section 5-5.01a as follows:

(305 ILCS 5/5-5.01a)

Sec. 5-5.01a. Supportive living facilities program; Consumer Choice Information Reports.

(a) The Department shall establish and provide oversight for a program of supportive living facilities that seek to promote resident independence, dignity, respect, and well-being in the most cost-effective manner.

A supportive living facility is either a free-standing facility or a distinct physical and operational entity within a nursing facility. A supportive living facility integrates housing with health, personal care, and supportive services and is a designated setting that offers residents their own separate, private, and distinct living units.

Sites for the operation of the program shall be selected by the Department based upon criteria that may include the need for services in a geographic area, the availability of funding, and the site's ability to meet the standards.

The Department may adopt rules to implement this Section. Rules that establish or modify the services, standards, and conditions for participation in the program shall be adopted by the Department in consultation with the Department on Aging, the Department of Rehabilitation Services, and the Department of Mental Health and Developmental Disabilities (or their successor agencies).

Facilities or distinct parts of facilities which are selected as supportive living facilities and are in good standing with the Department's rules are exempt from the provisions of the Nursing Home Care Act and the Illinois Health Facilities Planning Act.

(b) Consumer Choice Information Reports.

(1) Every supportive living facility shall complete a Consumer Choice Information Report and shall file it with the Office of State Long Term Care Ombudsman electronically as prescribed by the Office. The Report shall be filed annually and upon request of the Office of State Long Term Care Ombudsman. The first Consumer Choice Information Report is due to the Office of State Long Term Care Ombudsman on July 1, 2009. The Consumer Choice Information Report must be completed by the facility in full.

(2) A violation of any of the provisions of this subsection constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for the enforcement of this subsection.

(3) The Department of Healthcare and Family Services shall include verification of the submission of a facility's current Consumer Choice Information Report when conducting an inspection.

(Source: P.A. 94-342, eff. 7-26-05.)"; and

on page 16, line 24, after "facility", by inserting ", assisted living or shared housing establishment, supportive living facility"; and

on page 17, line 2, after "Act", by inserting ", an assisted living or shared housing establishment that fails to comply with Section 117 of the Assisted Living and Shared Housing Act, or a supportive living facility that fails to comply with subsection (b) of Section 5-5.01a of the Illinois Public Aid Code".