HB5275 95TH GENERAL ASSEMBLY

LRB095 18292 DRJ 44376 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5275

Introduced , by Rep. Elizabeth Coulson

SYNOPSIS AS INTRODUCED:

210 ILCS 9/125

Amends the Assisted Living and Shared Housing Act. Provides that the Assisted Living and Shared Housing Standards and Quality of Life Advisory Board shall give advice to the Director of Aging (instead of the Department of Public Health) concerning the activities of the assisted living ombudsman, and makes other changes concerning the Board's advice. Provides that the State Ombudsman, or his or her designee, shall serve as a nonvoting member of the Board. Provides that a quorum shall consist of a majority of those members appointed by the Director of Public Health, and eliminates a provision requiring the affirmative vote of 10 Board members for Board action. Provides that within 30 days after the effective date of this amendatory Act, the Director of Public Health shall call a meeting of the Board for the purpose of establishing a process and timetable for the review of the provisions of the Act and all administrative rules relevant to the implementation of the Act. Provides that upon completing this review, but no later than October 31, 2010, the Board shall meet with the Director and review their recommendations for changes to the Act and administrative rules. Effective immediately.

FISCAL NOTE ACT MAY APPLY

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 changing Section 125 as follows:

(210 ILCS 9/125)

Sec. 125. Assisted Living and Shared Housing Standards and Quality of Life Advisory Board.

(a) The Director 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 Director of Aging Department concerning the 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 affecting the quality of life of residents.

(b) The Board shall be comprised of the following persons:

(1) the Director who shall serve as chair, ex officio and nonvoting;

(2) the Director of Aging who shall serve as vice-chair, ex officio and nonvoting;

(3) one representative each of the Departments of Public Health, Healthcare and Family Services, 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;

(4) the State Ombudsman or his or her designee, who shall serve as a nonvoting member;

(5) one representative of the Association of Area Agencies on Aging;

(6) four members selected from the recommendations by provider organizations whose membership consist of nursing care or assisted living establishments;

(7) one member selected from the recommendations of provider organizations whose membership consists of home health agencies;

(8) two residents of assisted living or shared housing establishments;

(9) three members selected from the recommendations of consumer organizations which engage solely in advocacy or legal representation on behalf of the senior population;

(10) one member who shall be a physician;

(11) one member who shall be a registered professional nurse selected from the recommendations of professional nursing associations;

(12) two citizen members with expertise in the area of gerontology research or legal research regarding implementation of assisted living statutes;

(13) two members representing providers of community care services; and

(14) one member representing agencies providing case coordination services.

(c) Members of the Board appointed under paragraphs (5) through (14) of subsection (b) shall be appointed to serve for terms of 3 years except as otherwise provided in this Section. 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 appointed by the Director. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of that term. The Board shall meet at the call of the Director. A quorum shall consist of a majority of those members appointed by 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.

(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 acted upon.

(e) Within 30 days after the effective date of this amendatory Act of the 95th General Assembly, the Director shall call a meeting of the Board for the purpose of establishing a process and timetable for the review of the provisions of this Act and all administrative rules relevant to the implementation of this Act. Upon completing this review, but no later than October 31, 2010, the Board shall meet with the Director and review their recommendations for changes to this Act and administrative rules, if any.

(Source: P.A. 95-331, eff. 8-21-07; 95-628, eff. 9-25-07.)

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