Sen. James F. Clayborne, Jr.
Filed: 4/19/2010
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1 | AMENDMENT TO HOUSE BILL 5998
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2 | AMENDMENT NO. ______. Amend House Bill 5998 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Assisted Living and Shared Housing Act is | ||||||
5 | amended by changing Sections 10, 20, 30, and 110 as follows: | ||||||
6 | (210 ILCS 9/10) | ||||||
7 | (Text of Section before amendment by P.A. 96-339 ) | ||||||
8 | Sec. 10. Definitions. For purposes of this Act: | ||||||
9 | "Activities of daily living" means eating, dressing, | ||||||
10 | bathing, toileting,
transferring, or personal
hygiene. | ||||||
11 | "Advisory Board" means the Assisted Living and Shared | ||||||
12 | Housing Standards and Quality of Life Advisory Board. | ||||||
13 | "Assisted living establishment" or "establishment" means a | ||||||
14 | home, building,
residence, or any
other place where sleeping | ||||||
15 | accommodations are provided for at least 3
unrelated adults,
at | ||||||
16 | least 80% of whom are 55 years of age or older and where the |
| |||||||
| |||||||
1 | following are
provided
consistent with the purposes of this | ||||||
2 | Act: | ||||||
3 | (1) services consistent with a social model that is | ||||||
4 | based on the premise
that the
resident's unit in assisted | ||||||
5 | living and shared housing is his or her own home; | ||||||
6 | (2) community-based residential care for persons who | ||||||
7 | need assistance with
activities of
daily living, including | ||||||
8 | personal, supportive, and intermittent
health-related | ||||||
9 | services available 24 hours per day, if needed, to meet the
| ||||||
10 | scheduled
and
unscheduled needs of a resident; | ||||||
11 | (3) mandatory services, whether provided directly by | ||||||
12 | the establishment or
by another
entity arranged for by the | ||||||
13 | establishment, with the consent of the resident or
| ||||||
14 | resident's
representative; and | ||||||
15 | (4) a physical environment that is a homelike
setting | ||||||
16 | that
includes the following and such other elements as | ||||||
17 | established by the Department
in
conjunction with the | ||||||
18 | Assisted Living and Shared Housing Standards and Quality of | ||||||
19 | Life Advisory Board :
individual living units each of which | ||||||
20 | shall accommodate small kitchen
appliances
and contain | ||||||
21 | private bathing, washing, and toilet facilities, or | ||||||
22 | private washing
and
toilet facilities with a common bathing | ||||||
23 | room readily accessible to each
resident.
Units shall be | ||||||
24 | maintained for single occupancy except in cases in which 2
| ||||||
25 | residents
choose to share a unit. Sufficient common space | ||||||
26 | shall exist to permit
individual and
group activities. |
| |||||||
| |||||||
1 | "Assisted living establishment" or "establishment" does | ||||||
2 | not mean any of the
following: | ||||||
3 | (1) A home, institution, or similar place operated by | ||||||
4 | the federal
government or the
State of Illinois. | ||||||
5 | (2) A long term care facility licensed under the | ||||||
6 | Nursing Home Care Act.
However, a
long term care facility | ||||||
7 | may convert distinct parts of the facility to assisted
| ||||||
8 | living. If
the long term care facility elects to do so, the | ||||||
9 | facility shall retain the
Certificate of
Need for its | ||||||
10 | nursing and sheltered care beds that were converted. | ||||||
11 | (3) A hospital, sanitarium, or other institution, the | ||||||
12 | principal activity
or business of
which is the diagnosis, | ||||||
13 | care, and treatment of human illness and that is
required | ||||||
14 | to
be licensed under the Hospital Licensing Act. | ||||||
15 | (4) A facility for child care as defined in the Child | ||||||
16 | Care Act of 1969. | ||||||
17 | (5) A community living facility as defined in the | ||||||
18 | Community Living
Facilities
Licensing Act. | ||||||
19 | (6) A nursing home or sanitarium operated solely by and | ||||||
20 | for persons who
rely
exclusively upon treatment by | ||||||
21 | spiritual means through prayer in accordance with
the creed | ||||||
22 | or tenants of a well-recognized church or religious | ||||||
23 | denomination. | ||||||
24 | (7) A facility licensed by the Department of Human | ||||||
25 | Services as a
community-integrated living arrangement as | ||||||
26 | defined in the Community-Integrated
Living
Arrangements |
| |||||||
| |||||||
1 | Licensure and Certification Act. | ||||||
2 | (8) A supportive residence licensed under the | ||||||
3 | Supportive Residences
Licensing Act. | ||||||
4 | (9) The portion of a life care facility as defined in | ||||||
5 | the Life Care Facilities Act not licensed as an assisted | ||||||
6 | living establishment under this Act; a
life care facility | ||||||
7 | may
apply under this Act to convert sections of the | ||||||
8 | community to assisted living. | ||||||
9 | (10) A free-standing hospice facility licensed under | ||||||
10 | the Hospice Program
Licensing Act. | ||||||
11 | (11) A shared housing establishment. | ||||||
12 | (12) A supportive living facility as described in | ||||||
13 | Section 5-5.01a of the
Illinois Public Aid
Code. | ||||||
14 | "Department" means the Department of Public Health. | ||||||
15 | "Director" means the Director of Public Health. | ||||||
16 | "Emergency situation" means imminent danger of death or | ||||||
17 | serious physical
harm to a
resident of an establishment. | ||||||
18 | "License" means any of the following types of licenses | ||||||
19 | issued to an applicant
or licensee by the
Department: | ||||||
20 | (1) "Probationary license" means a license issued to an | ||||||
21 | applicant or
licensee
that has not
held a license under | ||||||
22 | this Act prior to its application or pursuant to a license
| ||||||
23 | transfer in accordance with Section 50 of this Act. | ||||||
24 | (2) "Regular license" means a license issued by the | ||||||
25 | Department to an
applicant or
licensee that is in
| ||||||
26 | substantial compliance with this Act and any rules |
| |||||||
| |||||||
1 | promulgated
under this Act. | ||||||
2 | "Licensee" means a person, agency, association, | ||||||
3 | corporation, partnership, or
organization that
has been issued | ||||||
4 | a license to operate an assisted living or shared housing
| ||||||
5 | establishment. | ||||||
6 | "Licensed health care professional" means a registered | ||||||
7 | professional nurse,
an advanced practice nurse, a physician | ||||||
8 | assistant, and a licensed practical
nurse. | ||||||
9 | "Mandatory services" include the following: | ||||||
10 | (1) 3 meals per day available to the residents prepared | ||||||
11 | by the
establishment or an
outside contractor; | ||||||
12 | (2) housekeeping services including, but not limited | ||||||
13 | to, vacuuming,
dusting, and
cleaning the resident's unit; | ||||||
14 | (3) personal laundry and linen services available to | ||||||
15 | the residents
provided
or arranged
for by the | ||||||
16 | establishment; | ||||||
17 | (4) security provided 24 hours each day including, but | ||||||
18 | not limited to,
locked entrances
or building or contract | ||||||
19 | security personnel; | ||||||
20 | (5) an emergency communication response system, which | ||||||
21 | is a procedure in
place 24
hours each day by which a | ||||||
22 | resident can notify building management, an emergency
| ||||||
23 | response vendor, or others able to respond to his or her | ||||||
24 | need for assistance;
and | ||||||
25 | (6) assistance with activities of daily living as | ||||||
26 | required by each
resident. |
| |||||||
| |||||||
1 | "Negotiated risk" is the process by which a resident, or | ||||||
2 | his or her
representative,
may formally
negotiate with | ||||||
3 | providers what risks each are willing and unwilling to assume | ||||||
4 | in
service provision
and the resident's living environment. The | ||||||
5 | provider assures that the resident
and the
resident's | ||||||
6 | representative, if any, are informed of the risks of these | ||||||
7 | decisions
and of
the potential
consequences of assuming these | ||||||
8 | risks. | ||||||
9 | "Owner" means the individual, partnership, corporation, | ||||||
10 | association, or other
person who owns
an assisted living or | ||||||
11 | shared housing establishment. In the event an assisted
living | ||||||
12 | or shared
housing establishment is operated by a person who | ||||||
13 | leases or manages the
physical plant, which is
owned by another | ||||||
14 | person, "owner" means the person who operates the assisted
| ||||||
15 | living or shared
housing establishment, except that if the | ||||||
16 | person who owns the physical plant is
an affiliate of the
| ||||||
17 | person who operates the assisted living or shared housing | ||||||
18 | establishment and has
significant
control over the day to day | ||||||
19 | operations of the assisted living or shared housing
| ||||||
20 | establishment, the
person who owns the physical plant shall | ||||||
21 | incur jointly and severally with the
owner all liabilities
| ||||||
22 | imposed on an owner under this Act. | ||||||
23 | "Physician" means a person licensed
under the Medical | ||||||
24 | Practice Act of 1987
to practice medicine in all of its
| ||||||
25 | branches. | ||||||
26 | "Resident" means a person residing in an assisted living or |
| |||||||
| |||||||
1 | shared housing
establishment. | ||||||
2 | "Resident's representative" means a person, other than the | ||||||
3 | owner, agent, or
employee of an
establishment or of the health | ||||||
4 | care provider unless related to the resident,
designated in | ||||||
5 | writing by a
resident to be his or her
representative. This | ||||||
6 | designation may be accomplished through the Illinois
Power of | ||||||
7 | Attorney Act, pursuant to the guardianship process under the | ||||||
8 | Probate
Act of 1975, or pursuant to an executed designation of | ||||||
9 | representative form
specified by the Department. | ||||||
10 | "Self" means the individual or the individual's designated | ||||||
11 | representative. | ||||||
12 | "Shared housing establishment" or "establishment" means a | ||||||
13 | publicly or
privately operated free-standing
residence for 16 | ||||||
14 | or fewer persons, at least 80% of whom are 55
years of age or | ||||||
15 | older
and who are unrelated to the owners and one manager of | ||||||
16 | the residence, where
the following are provided: | ||||||
17 | (1) services consistent with a social model that is | ||||||
18 | based on the premise
that the resident's unit is his or her | ||||||
19 | own home; | ||||||
20 | (2) community-based residential care for persons who | ||||||
21 | need assistance with
activities of daily living, including | ||||||
22 | housing and personal, supportive, and
intermittent | ||||||
23 | health-related services available 24 hours per day, if | ||||||
24 | needed, to
meet the scheduled and unscheduled needs of a | ||||||
25 | resident; and | ||||||
26 | (3) mandatory services, whether provided directly by |
| |||||||
| |||||||
1 | the establishment or
by another entity arranged for by the | ||||||
2 | establishment, with the consent of the
resident or the | ||||||
3 | resident's representative. | ||||||
4 | "Shared housing establishment" or "establishment" does not | ||||||
5 | mean any of the
following: | ||||||
6 | (1) A home, institution, or similar place operated by | ||||||
7 | the federal
government or the State of Illinois. | ||||||
8 | (2) A long term care facility licensed under the | ||||||
9 | Nursing Home Care Act.
A long term care facility may, | ||||||
10 | however, convert sections of the facility to
assisted | ||||||
11 | living. If the long term care facility elects to do so, the | ||||||
12 | facility
shall retain the Certificate of Need for its | ||||||
13 | nursing beds that were
converted. | ||||||
14 | (3) A hospital, sanitarium, or other institution, the | ||||||
15 | principal activity
or business of which is the diagnosis, | ||||||
16 | care, and treatment of human illness and
that is required | ||||||
17 | to be licensed under the Hospital Licensing Act. | ||||||
18 | (4) A facility for child care as defined in the Child | ||||||
19 | Care Act of 1969. | ||||||
20 | (5) A community living facility as defined in the | ||||||
21 | Community Living
Facilities Licensing Act. | ||||||
22 | (6) A nursing home or sanitarium operated solely by and | ||||||
23 | for persons who
rely exclusively upon treatment by | ||||||
24 | spiritual means through prayer in accordance
with the creed | ||||||
25 | or tenants of a well-recognized church or religious
| ||||||
26 | denomination. |
| |||||||
| |||||||
1 | (7) A facility licensed by the Department of Human | ||||||
2 | Services as a
community-integrated
living arrangement as | ||||||
3 | defined in the Community-Integrated
Living Arrangements | ||||||
4 | Licensure and Certification Act. | ||||||
5 | (8) A supportive residence licensed under the | ||||||
6 | Supportive Residences
Licensing Act. | ||||||
7 | (9) A life care facility as defined in the Life Care | ||||||
8 | Facilities Act; a
life care facility may apply under this | ||||||
9 | Act to convert sections of the
community to assisted | ||||||
10 | living. | ||||||
11 | (10) A free-standing hospice facility licensed under | ||||||
12 | the Hospice Program
Licensing Act. | ||||||
13 | (11) An assisted living establishment. | ||||||
14 | (12) A supportive living facility as described in | ||||||
15 | Section 5-5.01a of the
Illinois Public Aid Code. | ||||||
16 | "Total assistance" means that staff or another individual | ||||||
17 | performs the entire
activity of daily
living without | ||||||
18 | participation by the resident. | ||||||
19 | (Source: P.A. 95-216, eff. 8-16-07.) | ||||||
20 | (Text of Section after amendment by P.A. 96-339 ) | ||||||
21 | Sec. 10. Definitions. For purposes of this Act: | ||||||
22 | "Activities of daily living" means eating, dressing, | ||||||
23 | bathing, toileting,
transferring, or personal
hygiene. | ||||||
24 | "Advisory Board" means the Assisted Living and Shared | ||||||
25 | Housing Standards and Quality of Life Advisory Board. |
| |||||||
| |||||||
1 | "Assisted living establishment" or "establishment" means a | ||||||
2 | home, building,
residence, or any
other place where sleeping | ||||||
3 | accommodations are provided for at least 3
unrelated adults,
at | ||||||
4 | least 80% of whom are 55 years of age or older and where the | ||||||
5 | following are
provided
consistent with the purposes of this | ||||||
6 | Act: | ||||||
7 | (1) services consistent with a social model that is | ||||||
8 | based on the premise
that the
resident's unit in assisted | ||||||
9 | living and shared housing is his or her own home; | ||||||
10 | (2) community-based residential care for persons who | ||||||
11 | need assistance with
activities of
daily living, including | ||||||
12 | personal, supportive, and intermittent
health-related | ||||||
13 | services available 24 hours per day, if needed, to meet the
| ||||||
14 | scheduled
and
unscheduled needs of a resident; | ||||||
15 | (3) mandatory services, whether provided directly by | ||||||
16 | the establishment or
by another
entity arranged for by the | ||||||
17 | establishment, with the consent of the resident or
| ||||||
18 | resident's
representative; and | ||||||
19 | (4) a physical environment that is a homelike
setting | ||||||
20 | that
includes the following and such other elements as | ||||||
21 | established by the Department
in
conjunction with the | ||||||
22 | Assisted Living and Shared Housing Standards and Quality of | ||||||
23 | Life Advisory Board :
individual living units each of which | ||||||
24 | shall accommodate small kitchen
appliances
and contain | ||||||
25 | private bathing, washing, and toilet facilities, or | ||||||
26 | private washing
and
toilet facilities with a common bathing |
| |||||||
| |||||||
1 | room readily accessible to each
resident.
Units shall be | ||||||
2 | maintained for single occupancy except in cases in which 2
| ||||||
3 | residents
choose to share a unit. Sufficient common space | ||||||
4 | shall exist to permit
individual and
group activities. | ||||||
5 | "Assisted living establishment" or "establishment" does | ||||||
6 | not mean any of the
following: | ||||||
7 | (1) A home, institution, or similar place operated by | ||||||
8 | the federal
government or the
State of Illinois. | ||||||
9 | (2) A long term care facility licensed under the | ||||||
10 | Nursing Home Care Act or a facility licensed under the | ||||||
11 | MR/DD Community Care Act.
However, a
facility licensed | ||||||
12 | under either of those Acts may convert distinct parts of | ||||||
13 | the facility to assisted
living. If
the facility elects to | ||||||
14 | do so, the facility shall retain the
Certificate of
Need | ||||||
15 | for its nursing and sheltered care beds that were | ||||||
16 | converted. | ||||||
17 | (3) A hospital, sanitarium, or other institution, the | ||||||
18 | principal activity
or business of
which is the diagnosis, | ||||||
19 | care, and treatment of human illness and that is
required | ||||||
20 | to
be licensed under the Hospital Licensing Act. | ||||||
21 | (4) A facility for child care as defined in the Child | ||||||
22 | Care Act of 1969. | ||||||
23 | (5) A community living facility as defined in the | ||||||
24 | Community Living
Facilities
Licensing Act. | ||||||
25 | (6) A nursing home or sanitarium operated solely by and | ||||||
26 | for persons who
rely
exclusively upon treatment by |
| |||||||
| |||||||
1 | spiritual means through prayer in accordance with
the creed | ||||||
2 | or tenants of a well-recognized church or religious | ||||||
3 | denomination. | ||||||
4 | (7) A facility licensed by the Department of Human | ||||||
5 | Services as a
community-integrated living arrangement as | ||||||
6 | defined in the Community-Integrated
Living
Arrangements | ||||||
7 | Licensure and Certification Act. | ||||||
8 | (8) A supportive residence licensed under the | ||||||
9 | Supportive Residences
Licensing Act. | ||||||
10 | (9) The portion of a life care facility as defined in | ||||||
11 | the Life Care Facilities Act not licensed as an assisted | ||||||
12 | living establishment under this Act; a
life care facility | ||||||
13 | may
apply under this Act to convert sections of the | ||||||
14 | community to assisted living. | ||||||
15 | (10) A free-standing hospice facility licensed under | ||||||
16 | the Hospice Program
Licensing Act. | ||||||
17 | (11) A shared housing establishment. | ||||||
18 | (12) A supportive living facility as described in | ||||||
19 | Section 5-5.01a of the
Illinois Public Aid
Code. | ||||||
20 | "Department" means the Department of Public Health. | ||||||
21 | "Director" means the Director of Public Health. | ||||||
22 | "Emergency situation" means imminent danger of death or | ||||||
23 | serious physical
harm to a
resident of an establishment. | ||||||
24 | "License" means any of the following types of licenses | ||||||
25 | issued to an applicant
or licensee by the
Department: | ||||||
26 | (1) "Probationary license" means a license issued to an |
| |||||||
| |||||||
1 | applicant or
licensee
that has not
held a license under | ||||||
2 | this Act prior to its application or pursuant to a license
| ||||||
3 | transfer in accordance with Section 50 of this Act. | ||||||
4 | (2) "Regular license" means a license issued by the | ||||||
5 | Department to an
applicant or
licensee that is in
| ||||||
6 | substantial compliance with this Act and any rules | ||||||
7 | promulgated
under this Act. | ||||||
8 | "Licensee" means a person, agency, association, | ||||||
9 | corporation, partnership, or
organization that
has been issued | ||||||
10 | a license to operate an assisted living or shared housing
| ||||||
11 | establishment. | ||||||
12 | "Licensed health care professional" means a registered | ||||||
13 | professional nurse,
an advanced practice nurse, a physician | ||||||
14 | assistant, and a licensed practical
nurse. | ||||||
15 | "Mandatory services" include the following: | ||||||
16 | (1) 3 meals per day available to the residents prepared | ||||||
17 | by the
establishment or an
outside contractor; | ||||||
18 | (2) housekeeping services including, but not limited | ||||||
19 | to, vacuuming,
dusting, and
cleaning the resident's unit; | ||||||
20 | (3) personal laundry and linen services available to | ||||||
21 | the residents
provided
or arranged
for by the | ||||||
22 | establishment; | ||||||
23 | (4) security provided 24 hours each day including, but | ||||||
24 | not limited to,
locked entrances
or building or contract | ||||||
25 | security personnel; | ||||||
26 | (5) an emergency communication response system, which |
| |||||||
| |||||||
1 | is a procedure in
place 24
hours each day by which a | ||||||
2 | resident can notify building management, an emergency
| ||||||
3 | response vendor, or others able to respond to his or her | ||||||
4 | need for assistance;
and | ||||||
5 | (6) assistance with activities of daily living as | ||||||
6 | required by each
resident. | ||||||
7 | "Negotiated risk" is the process by which a resident, or | ||||||
8 | his or her
representative,
may formally
negotiate with | ||||||
9 | providers what risks each are willing and unwilling to assume | ||||||
10 | in
service provision
and the resident's living environment. The | ||||||
11 | provider assures that the resident
and the
resident's | ||||||
12 | representative, if any, are informed of the risks of these | ||||||
13 | decisions
and of
the potential
consequences of assuming these | ||||||
14 | risks. | ||||||
15 | "Owner" means the individual, partnership, corporation, | ||||||
16 | association, or other
person who owns
an assisted living or | ||||||
17 | shared housing establishment. In the event an assisted
living | ||||||
18 | or shared
housing establishment is operated by a person who | ||||||
19 | leases or manages the
physical plant, which is
owned by another | ||||||
20 | person, "owner" means the person who operates the assisted
| ||||||
21 | living or shared
housing establishment, except that if the | ||||||
22 | person who owns the physical plant is
an affiliate of the
| ||||||
23 | person who operates the assisted living or shared housing | ||||||
24 | establishment and has
significant
control over the day to day | ||||||
25 | operations of the assisted living or shared housing
| ||||||
26 | establishment, the
person who owns the physical plant shall |
| |||||||
| |||||||
1 | incur jointly and severally with the
owner all liabilities
| ||||||
2 | imposed on an owner under this Act. | ||||||
3 | "Physician" means a person licensed
under the Medical | ||||||
4 | Practice Act of 1987
to practice medicine in all of its
| ||||||
5 | branches. | ||||||
6 | "Resident" means a person residing in an assisted living or | ||||||
7 | shared housing
establishment. | ||||||
8 | "Resident's representative" means a person, other than the | ||||||
9 | owner, agent, or
employee of an
establishment or of the health | ||||||
10 | care provider unless related to the resident,
designated in | ||||||
11 | writing by a
resident to be his or her
representative. This | ||||||
12 | designation may be accomplished through the Illinois
Power of | ||||||
13 | Attorney Act, pursuant to the guardianship process under the | ||||||
14 | Probate
Act of 1975, or pursuant to an executed designation of | ||||||
15 | representative form
specified by the Department. | ||||||
16 | "Self" means the individual or the individual's designated | ||||||
17 | representative. | ||||||
18 | "Shared housing establishment" or "establishment" means a | ||||||
19 | publicly or
privately operated free-standing
residence for 16 | ||||||
20 | or fewer persons, at least 80% of whom are 55
years of age or | ||||||
21 | older
and who are unrelated to the owners and one manager of | ||||||
22 | the residence, where
the following are provided: | ||||||
23 | (1) services consistent with a social model that is | ||||||
24 | based on the premise
that the resident's unit is his or her | ||||||
25 | own home; | ||||||
26 | (2) community-based residential care for persons who |
| |||||||
| |||||||
1 | need assistance with
activities of daily living, including | ||||||
2 | housing and personal, supportive, and
intermittent | ||||||
3 | health-related services available 24 hours per day, if | ||||||
4 | needed, to
meet the scheduled and unscheduled needs of a | ||||||
5 | resident; and | ||||||
6 | (3) mandatory services, whether provided directly by | ||||||
7 | the establishment or
by another entity arranged for by the | ||||||
8 | establishment, with the consent of the
resident or the | ||||||
9 | resident's representative. | ||||||
10 | "Shared housing establishment" or "establishment" does not | ||||||
11 | mean any of the
following: | ||||||
12 | (1) A home, institution, or similar place operated by | ||||||
13 | the federal
government or the State of Illinois. | ||||||
14 | (2) A long term care facility licensed under the | ||||||
15 | Nursing Home Care Act or a facility licensed under the | ||||||
16 | MR/DD Community Care Act.
A facility licensed under either | ||||||
17 | of those Acts may, however, convert sections of the | ||||||
18 | facility to
assisted living. If the facility elects to do | ||||||
19 | so, the facility
shall retain the Certificate of Need for | ||||||
20 | its nursing beds that were
converted. | ||||||
21 | (3) A hospital, sanitarium, or other institution, the | ||||||
22 | principal activity
or business of which is the diagnosis, | ||||||
23 | care, and treatment of human illness and
that is required | ||||||
24 | to be licensed under the Hospital Licensing Act. | ||||||
25 | (4) A facility for child care as defined in the Child | ||||||
26 | Care Act of 1969. |
| |||||||
| |||||||
1 | (5) A community living facility as defined in the | ||||||
2 | Community Living
Facilities Licensing Act. | ||||||
3 | (6) A nursing home or sanitarium operated solely by and | ||||||
4 | for persons who
rely exclusively upon treatment by | ||||||
5 | spiritual means through prayer in accordance
with the creed | ||||||
6 | or tenants of a well-recognized church or religious
| ||||||
7 | denomination. | ||||||
8 | (7) A facility licensed by the Department of Human | ||||||
9 | Services as a
community-integrated
living arrangement as | ||||||
10 | defined in the Community-Integrated
Living Arrangements | ||||||
11 | Licensure and Certification Act. | ||||||
12 | (8) A supportive residence licensed under the | ||||||
13 | Supportive Residences
Licensing Act. | ||||||
14 | (9) A life care facility as defined in the Life Care | ||||||
15 | Facilities Act; a
life care facility may apply under this | ||||||
16 | Act to convert sections of the
community to assisted | ||||||
17 | living. | ||||||
18 | (10) A free-standing hospice facility licensed under | ||||||
19 | the Hospice Program
Licensing Act. | ||||||
20 | (11) An assisted living establishment. | ||||||
21 | (12) A supportive living facility as described in | ||||||
22 | Section 5-5.01a of the
Illinois Public Aid Code. | ||||||
23 | "Total assistance" means that staff or another individual | ||||||
24 | performs the entire
activity of daily
living without | ||||||
25 | participation by the resident. | ||||||
26 | (Source: P.A. 95-216, eff. 8-16-07; 96-339, eff. 7-1-10.)
|
| |||||||
| |||||||
1 | (210 ILCS 9/20)
| ||||||
2 | Sec. 20. Construction and operating standards. The | ||||||
3 | Department , in consultation with the Advisory Board, shall | ||||||
4 | prescribe
minimum standards for
establishments. These | ||||||
5 | standards shall include:
| ||||||
6 | (1) the location and construction of the | ||||||
7 | establishment, including
plumbing,
heating, lighting,
| ||||||
8 | ventilation, and other physical conditions which shall | ||||||
9 | ensure the health,
safety, and comfort
of residents and | ||||||
10 | their protection from fire hazards; these standards shall
| ||||||
11 | include, at a minimum, compliance with the residential | ||||||
12 | board and care
occupancies chapter of the National Fire | ||||||
13 | Protection Association's Life Safety
Code, local and State | ||||||
14 | building codes for the building
type, and accessibility | ||||||
15 | standards of the Americans with Disabilities Act;
| ||||||
16 | (2) the number and qualifications of all personnel | ||||||
17 | having responsibility
for
any part of the services provided | ||||||
18 | for
residents;
| ||||||
19 | (3) all sanitary conditions within the establishment | ||||||
20 | and its surroundings,
including water supply,
sewage | ||||||
21 | disposal, food handling, infection control, and general | ||||||
22 | hygiene, which
shall ensure the
health and
comfort of | ||||||
23 | residents;
| ||||||
24 | (4) a program for adequate maintenance of physical | ||||||
25 | plant and equipment;
|
| |||||||
| |||||||
1 | (5) adequate accommodations, staff, and services for | ||||||
2 | the number and types
of residents for whom
the | ||||||
3 | establishment is licensed;
| ||||||
4 | (6) the development of evacuation and other | ||||||
5 | appropriate safety plans for
use
during weather, health,
| ||||||
6 | fire, physical plant, environmental, and national defense | ||||||
7 | emergencies; and
| ||||||
8 | (7) the maintenance of minimum financial and other | ||||||
9 | resources necessary to
meet
the standards
established | ||||||
10 | under this Section and to operate the
establishment in | ||||||
11 | accordance with this Act.
| ||||||
12 | (Source: P.A. 91-656, eff. 1-1-01.)
| ||||||
13 | (210 ILCS 9/30)
| ||||||
14 | Sec. 30. Licensing.
| ||||||
15 | (a) The Department , in consultation with the Advisory | ||||||
16 | Board, shall
establish
by rule forms,
procedures, and fees for | ||||||
17 | the annual licensing of assisted living and shared
housing
| ||||||
18 | establishments; shall establish and enforce sanctions and | ||||||
19 | penalties for
operating in violation
of this Act, as provided | ||||||
20 | in Section 135 of this Act and rules
adopted under
Section 110 | ||||||
21 | of this Act. The Department shall conduct an annual on-site
| ||||||
22 | review
for
each
establishment covered by this Act, which shall | ||||||
23 | include, but not be limited to,
compliance with
this Act and | ||||||
24 | rules adopted hereunder, focus on solving resident issues
and | ||||||
25 | concerns,
and the quality improvement process implemented by |
| |||||||
| |||||||
1 | the establishment to address
resident
issues. The quality | ||||||
2 | improvement process implemented by the establishment must
| ||||||
3 | benchmark performance, be customer centered, be data driven, | ||||||
4 | and focus on
resident
satisfaction.
| ||||||
5 | (b) An establishment shall provide the following | ||||||
6 | information to the
Department
to be considered for licensure:
| ||||||
7 | (1) the business name, street address, mailing | ||||||
8 | address, and telephone
number of the
establishment;
| ||||||
9 | (2) the name and mailing address of the owner or owners | ||||||
10 | of the
establishment and if the
owner or owners are not | ||||||
11 | natural persons, identification of the type of
business | ||||||
12 | entity
of the owners, and the names and addresses of the | ||||||
13 | officers and members of the
governing body, or comparable | ||||||
14 | persons for partnerships, limited liability
companies, or | ||||||
15 | other types of business organizations;
| ||||||
16 | (3) financial information, content and form to be | ||||||
17 | determined by rules
which may provide different standards | ||||||
18 | for assisted living establishments and
shared housing | ||||||
19 | establishments,
establishing that the project is | ||||||
20 | financially feasible;
| ||||||
21 | (4) the name and mailing address of the managing agent | ||||||
22 | of the
establishment, whether
hired under a management | ||||||
23 | agreement or lease agreement, if different from the
owner | ||||||
24 | or owners, and the name of the full-time director;
| ||||||
25 | (5) verification that the establishment has entered or | ||||||
26 | will enter into a
service delivery
contract as provided in |
| |||||||
| |||||||
1 | Section 90, as required under this Act, with each
resident | ||||||
2 | or
resident's representative;
| ||||||
3 | (6) the name and address of at least one natural person | ||||||
4 | who shall be
responsible for
dealing with the Department on | ||||||
5 | all matters provided for in this Act, on whom
personal | ||||||
6 | service of all notices and orders shall be made, and who | ||||||
7 | shall be
authorized
to accept service on behalf of the | ||||||
8 | owner or owners and the managing agent.
Notwithstanding a | ||||||
9 | contrary provision of the Code of Civil Procedure, personal
| ||||||
10 | service on the person identified pursuant to this | ||||||
11 | subsection shall be
considered
service on the owner or | ||||||
12 | owners and the managing agent, and it shall not be a
| ||||||
13 | defense to any action that personal service was not made on | ||||||
14 | each individual or
entity;
| ||||||
15 | (7) the signature of the authorized representative of | ||||||
16 | the owner or
owners;
| ||||||
17 | (8) proof of an ongoing quality improvement program in | ||||||
18 | accordance with
rules adopted
by the Department in | ||||||
19 | collaboration with the Advisory Board ;
| ||||||
20 | (9) information about the number and types of units, | ||||||
21 | the maximum census,
and the
services to be provided at the | ||||||
22 | establishment, proof of compliance with
applicable
State | ||||||
23 | and local residential standards, and a copy of the standard | ||||||
24 | contract
offered to
residents;
| ||||||
25 | (10) documentation of adequate liability insurance; | ||||||
26 | and
|
| |||||||
| |||||||
1 | (11) other information necessary to determine the | ||||||
2 | identity and
qualifications of an
applicant or licensee to | ||||||
3 | operate an
establishment in
accordance with this Act as | ||||||
4 | required by the Department by rule.
| ||||||
5 | (c) The information in the statement of ownership shall be | ||||||
6 | public
information and shall be
available from the Department.
| ||||||
7 | (Source: P.A. 91-656, eff. 1-1-01.)
| ||||||
8 | (210 ILCS 9/110) | ||||||
9 | Sec. 110. Powers and duties of the Department. | ||||||
10 | (a) The Department shall conduct an annual unannounced | ||||||
11 | on-site visit at
each
assisted living and shared
housing | ||||||
12 | establishment to determine compliance with applicable | ||||||
13 | licensure
requirements and
standards. Additional visits may be | ||||||
14 | conducted without prior notice to the
assisted living
or shared | ||||||
15 | housing
establishment. | ||||||
16 | (b) Upon receipt of information that may indicate the | ||||||
17 | failure of the
assisted living or shared housing
establishment | ||||||
18 | or a service provider to comply with a provision of this Act,
| ||||||
19 | the Department shall
investigate the matter or make appropriate | ||||||
20 | referrals to other government
agencies and entities having
| ||||||
21 | jurisdiction over the subject matter of the possible violation. | ||||||
22 | The Department
may also make
referrals to any public or private | ||||||
23 | agency that the Department considers
available for appropriate
| ||||||
24 | assistance to those involved. The Department may oversee and | ||||||
25 | coordinate the
enforcement of State
consumer protection |
| |||||||
| |||||||
1 | policies affecting residents residing in an establishment
| ||||||
2 | licensed under this Act. | ||||||
3 | (c) The Department shall establish by rule complaint | ||||||
4 | receipt,
investigation,
resolution, and involuntary
residency | ||||||
5 | termination procedures. Resolution procedures shall provide | ||||||
6 | for
on-site review and
evaluation of an assisted living or | ||||||
7 | shared housing establishment found to be
in violation of this | ||||||
8 | Act
within a specified period of time based on the gravity and | ||||||
9 | severity of the
violation and any pervasive
pattern of | ||||||
10 | occurrences of the same or similar violations. | ||||||
11 | (d) (Blank). The Governor shall establish an Assisted | ||||||
12 | Living and Shared Housing Standards and Quality of Life
| ||||||
13 | Advisory Board. | ||||||
14 | (e) The Department shall by rule establish penalties and | ||||||
15 | sanctions, which
shall include, but need not be limited to,
the | ||||||
16 | creation of a schedule of graduated penalties and sanctions to | ||||||
17 | include
closure. | ||||||
18 | (f) The Department shall by rule establish procedures for | ||||||
19 | disclosure of
information to the public, which
shall include, | ||||||
20 | but not be limited to, ownership, licensure status, frequency | ||||||
21 | of
complaints, disposition of
substantiated complaints, and | ||||||
22 | disciplinary actions. | ||||||
23 | (g) (Blank). | ||||||
24 | (h) Beginning January 1, 2000, the Department shall begin | ||||||
25 | drafting rules
necessary for the administration
of this Act. | ||||||
26 | (Source: P.A. 93-1003, eff. 8-23-04.)
|
| |||||||
| |||||||
1 | (210 ILCS 9/125 rep.)
| ||||||
2 | Section 10. The Assisted Living and Shared Housing Act is | ||||||
3 | amended by repealing Section 125.
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.".
|