96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3035


 
Introduced 2/4/2010, by Sen. William R. Haine
 
SYNOPSIS AS INTRODUCED:
 		





 


                    



210 ILCS 4/1




210 ILCS 4/5




210 ILCS 4/15




210 ILCS 4/20




210 ILCS 9/35




210 ILCS 9/45




210 ILCS 9/150




210 ILCS 35/9
  from Ch. 111 1/2, par. 4189


210 ILCS 40/6
  from Ch. 111 1/2, par. 4160-6


210 ILCS 45/3-115
  from Ch. 111 1/2, par. 4153-115








      Amends the Alzheimer's Special Care Disclosure Act, the Assisted Living and Shared Housing Act, the Community Living Facilities Licensing Act, the Life Care Facilities Act, and the Nursing Home Care Act. Changes the short title of the Alzheimer's Special Care Disclosure Act to the Alzheimer's Disease and Related Dementias Special Care Disclosure Act. Changes all cross-references to the Act to be consistent with this change. Effective immediately. 
  















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A BILL FOR









 




  






SB3035

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1
    AN ACT concerning regulation. 
  
 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:
  
 
 
4
    Section 5. The Alzheimer's Special Care Disclosure Act is 
5
amended  by changing Sections 1, 5, 15, and 20 as follows:
 



6
    (210 ILCS 4/1)



7
    Sec. 1. Short title. This Act may be cited as the 
8
Alzheimer's Disease and Related Dementias Special Care 
9
Disclosure Act.

10
(Source: P.A. 90-341, eff. 1-1-98.)

 



11
    (210 ILCS 4/5)



12
    Sec. 5. Legislative purpose. This Body finds it to be in 
13
the public
interest to promote the highest standard of medical 
14
care currently available to
people suffering from Alzheimer's 
15
disease and related dementias without restricting the future

16
implementation of treatment options that may  become available 
17
through
ongoing research.  It is further in the public interest 
18
to protect consumers
from
false claims of specialized care of 
19
Alzheimer's disease and related dementias.
Therefore, the 
20
General Assembly declares it to be the purpose of this Act to

21
require health care facilities
offering specialized care in the 
22
treatment of Alzheimer's disease and related dementias to fully

 


 






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inform the public regarding the facility and program of care.

2
(Source: P.A. 90-341, eff. 1-1-98.)

 



3
    (210 ILCS 4/15)



4
    Sec. 15. Disclosure requirements. A facility that offers to 
5
provide care
for persons with Alzheimer's disease and related 
6
dementias through an Alzheimer's special
care unit or
center 
7
shall disclose to the State agency responsible for licensing or 
8
permitting
the
facility and to a potential or actual client of 
9
the facility or such a client's representative the following

10
information in writing:


11
        (1) the form of care or treatment that distinguishes 
12
    the facility as
suitable
for persons with Alzheimer's 
13
    disease and related dementias;


14
        (2) the philosophy of the facility concerning the care 
15
    or treatment of
persons with Alzheimer's disease and 
16
    related dementias;


17
        (3) the facility's pre-admission, admission, and 
18
    discharge procedures;


19
        (4) the facility's assessment, care planning, and 
20
    implementation
guidelines in the care and treatment of 
21
    persons with Alzheimer's
disease and related dementias;


22
        (5) the facility's minimum and maximum staffing 
23
    ratios, specifying the
general licensed health care 
24
    provider to client ratio and the trainee
health care 
25
    provider to  client ratio;


 


 






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        (6) the facility's physical environment;


2
        (7) activities available to clients at the facility;


3
        (8) the role of family members in the care of clients 
4
    at the facility; and


5
        (9) the costs of care and treatment under the program 
6
    or at the center.

7
(Source: P.A. 96-770, eff. 1-1-10.)

 



8
    (210 ILCS 4/20)



9
    Sec. 20. 
A facility that offers to provide care for persons 
10
with
Alzheimer's disease and related dementias through an 
11
Alzheimer's special care unit or
center shall,
within 180 days 
12
of the effective date of this Act, provide to the State agency

13
responsible for licensing or permitting the facility the 
14
disclosure document
prepared
by a facility
in accordance with 
15
Section 15.  The State agency shall review the
document for 
16
accuracy as part of the license or permit renewal requirements

17
under the appropriate Act.

18
(Source: P.A. 90-341, eff. 1-1-98.)

 
19
    Section 10. The Assisted Living and Shared Housing Act is 
20
amended  by changing Sections 35, 45, and 150 as follows:
 


21
    (210 ILCS 9/35)



22
    (Text of Section before amendment by P.A. 96-339)

23
    Sec. 35. Issuance of license. 

 


 






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1
    (a) Upon receipt and review of an application for a license 
2
and review of
the applicant establishment, the Director  may 
3
issue a license if he or she
finds:


4
        (1) that the individual applicant, or the corporation, 
5
    partnership, or
other entity if the applicant is not an 
6
    individual, is a person responsible and
suitable to operate 
7
    or to direct or participate in the operation of an

8
    establishment by virtue of financial capacity, appropriate 
9
    business or
professional experience, a record of lawful 
10
    compliance with lawful orders of
the Department
and lack of 
11
    revocation of a license issued under this Act or the 
12
    Nursing Home
Care Act
during the previous 5 years;


13
        (2) that the establishment is under the supervision of 
14
    a full-time
director who is at least 21 years of age and 
15
    has a high school diploma or equivalent plus either:
16
            (A) 2 years of management experience or 2 years of 
17
        experience in positions of progressive responsibility 
18
        in health care, housing with services, or adult day 
19
        care or providing similar services to the elderly; or
20
            (B) 2 years of management experience or 2 years of 
21
        experience in positions of progressive responsibility 
22
        in hospitality and training in health care and housing 
23
        with services management as defined by rule;


24
        (3) that the establishment has staff sufficient in 
25
    number with
qualifications, adequate skills, education, 
26
    and experience to meet the 24 hour
scheduled and 
 


 






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    unscheduled needs of residents and who participate in 
2
    ongoing
training to serve the resident population;


3
        (4) that all employees who are subject to the Health 
4
    Care Worker Background Check Act meet the requirements of 
5
    that Act;


6
        (5) that the applicant is in substantial compliance 
7
    with this Act and such
other requirements for a
license as 
8
    the Department by rule may establish under this Act;


9
        (6) that the applicant pays all required fees;


10
        (7) that the applicant has provided to the Department 
11
    an accurate
disclosure document in
accordance with the 
12
    Alzheimer's Disease and Related Dementias Special Care 
13
    Disclosure Act and in
substantial compliance with Section 
14
    150 of this Act.

15
    In addition to any other requirements set forth in this 
16
Act, as a condition of licensure under this Act, the director 
17
of an establishment must participate in at least 20 hours of 
18
training every 2 years to assist him or her in better meeting 
19
the needs of the residents of the establishment and managing
 
20
the operation of the establishment.

21
    Any license issued by the Director shall state the physical 
22
location of the
establishment, the date the license was issued, 
23
and the expiration date.  All
licenses shall be valid for one 
24
year, except as provided in Sections 40 and 45.  Each
license 
25
shall be issued only for the premises and persons named in the

26
application, and shall not be transferable or assignable.

 


 






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1
(Source: P.A. 95-79, eff. 8-13-07; 95-590, eff. 9-10-07; 
2
95-628, eff. 9-25-07; 95-876, eff. 8-21-08.)

 
3
    (Text of Section after amendment by P.A. 96-339)

4
    Sec. 35. Issuance of license. 

5
    (a) Upon receipt and review of an application for a license 
6
and review of
the applicant establishment, the Director  may 
7
issue a license if he or she
finds:


8
        (1) that the individual applicant, or the corporation, 
9
    partnership, or
other entity if the applicant is not an 
10
    individual, is a person responsible and
suitable to operate 
11
    or to direct or participate in the operation of an

12
    establishment by virtue of financial capacity, appropriate 
13
    business or
professional experience, a record of lawful 
14
    compliance with lawful orders of
the Department
and lack of 
15
    revocation of a license issued under this Act, the Nursing 
16
    Home
Care Act, or the MR/DD Community Care Act
during the 
17
    previous 5 years;


18
        (2) that the establishment is under the supervision of 
19
    a full-time
director who is at least 21 years of age and 
20
    has a high school diploma or equivalent plus either:
21
            (A) 2 years of management experience or 2 years of 
22
        experience in positions of progressive responsibility 
23
        in health care, housing with services, or adult day 
24
        care or providing similar services to the elderly; or
25
            (B) 2 years of management experience or 2 years of 
 


 






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        experience in positions of progressive responsibility 
2
        in hospitality and training in health care and housing 
3
        with services management as defined by rule;


4
        (3) that the establishment has staff sufficient in 
5
    number with
qualifications, adequate skills, education, 
6
    and experience to meet the 24 hour
scheduled and 
7
    unscheduled needs of residents and who participate in 
8
    ongoing
training to serve the resident population;


9
        (4) that all employees who are subject to the Health 
10
    Care Worker Background Check Act meet the requirements of 
11
    that Act;


12
        (5) that the applicant is in substantial compliance 
13
    with this Act and such
other requirements for a
license as 
14
    the Department by rule may establish under this Act;


15
        (6) that the applicant pays all required fees;


16
        (7) that the applicant has provided to the Department 
17
    an accurate
disclosure document in
accordance with the 
18
    Alzheimer's Disease and Related Dementias Special Care 
19
    Disclosure Act and in
substantial compliance with Section 
20
    150 of this Act.

21
    In addition to any other requirements set forth in this 
22
Act, as a condition of licensure under this Act, the director 
23
of an establishment must participate in at least 20 hours of 
24
training every 2 years to assist him or her in better meeting 
25
the needs of the residents of the establishment and managing
 
26
the operation of the establishment.

 


 






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1
    Any license issued by the Director shall state the physical 
2
location of the
establishment, the date the license was issued, 
3
and the expiration date.  All
licenses shall be valid for one 
4
year, except as provided in Sections 40 and 45.  Each
license 
5
shall be issued only for the premises and persons named in the

6
application, and shall not be transferable or assignable.

7
(Source: P.A. 95-79, eff. 8-13-07; 95-590, eff. 9-10-07; 
8
95-628, eff. 9-25-07; 95-876, eff. 8-21-08; 96-339, eff. 
9
7-1-10.)

 



10
    (210 ILCS 9/45)



11
    Sec. 45. Renewal of licenses. At least 120 days, but not 
12
more than 150
days prior to license
expiration, the licensee 
13
shall submit an application for renewal of the license
in such 
14
form
and containing such information as the Department 
15
requires.  If the application
is approved, and if the licensee 
16
(i) has not committed a Type 1 violation in the preceding 24 
17
months, (ii) has not committed a Type 2 violation in the 
18
preceding 24 months, (iii) has not had an inspection, review, 
19
or evaluation that resulted in a finding of 10 or more Type 3 
20
violations in the preceding 24 months, and (iv) has not 
21
admitted or retained a resident in violation of Section 75 of 
22
this Act in the preceding 24 months, the Department may renew 
23
the license for an additional period of 2 years. If a licensee 
24
whose license has been renewed for 2 years under this Section 
25
subsequently fails to meet any of the conditions set forth in 
 


 






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1
items (i), (ii), and (iii), then, in addition to any other 
2
sanctions that the Department may impose under this Act, the 
3
Department shall revoke the 2-year license and replace it with 
4
a one-year license until the licensee again meets all of the 
5
conditions set forth in items (i), (ii), and (iii). If 
6
appropriate,
the renewal
application shall not be approved 
7
unless the applicant has provided to the
Department an
accurate 
8
disclosure document in accordance with the Alzheimer's Disease 
9
and Related Dementias Special Care
Disclosure
Act.  If the 
10
application for renewal is not timely filed, the Department 
11
shall
so inform the
licensee.

12
(Source: P.A. 95-590, eff. 9-10-07; 95-876, eff. 8-21-08.)

 



13
    (210 ILCS 9/150)



14
    Sec. 150. Alzheimer and dementia programs. 

15
    (a) In addition to this Section, Alzheimer and
dementia 
16
programs
shall comply with all of the other
provisions of this 
17
Act.

18
    (b) No person shall be admitted or retained if the assisted 
19
living
or shared housing
establishment cannot provide or secure 
20
appropriate care, if the resident
requires a
level of service 
21
or
type of service for which the establishment is not licensed 
22
or which the
establishment does
not provide, or if the 
23
establishment does not have the staff appropriate in
numbers 
24
and with
appropriate skill to provide such services.

25
    (c) No person shall be accepted for residency or remain in 
 


 






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1
residence if the
person's mental or physical condition has so 
2
deteriorated to render residency
in such a program to be 
3
detrimental to the health, welfare or safety of the
person or 
4
of other residents of the establishment.  The Department by rule

5
shall identify a validated dementia-specific
standard
with

6
inter-rater reliability
that will be used to assess individual

7
residents.
The assessment must be approved by the resident's 
8
physician and shall occur
prior to acceptance for residency, 
9
annually, and at such time that a change in
the resident's 
10
condition is identified by a family member, staff of the

11
establishment, or the resident's physician.

12
    (d) No person shall be accepted for residency or remain in 
13
residence if the
person is dangerous to self or others and the 
14
establishment would be unable to
eliminate the danger through 
15
the use of appropriate treatment modalities.

16
    (e) No person shall be accepted for residency or remain in 
17
residence if the
person meets the criteria provided in 
18
subsections (b) through (g) of Section 75
of this Act.

19
    (f) An establishment that offers to provide a special 
20
program or unit for
persons with
Alzheimer's disease and 
21
related disorders shall:


22
        (1) disclose to the Department and to a potential or 
23
    actual resident of
the establishment
information as 
24
    specified under the Alzheimer's Disease and Related 
25
    Dementias Special Care Disclosure Act;


26
        (2) ensure that a resident's representative is 
 


 






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    designated for the
resident;


2
        (3) develop and implement policies and procedures that 
3
    ensure the
continued safety of all
residents in the 
4
    establishment including, but not limited to, those who:


5
            (A) may wander; and


6
            (B) may need supervision and assistance when 
7
        evacuating the building in
an emergency;


8
        (4) provide coordination of communications with each 
9
    resident, resident's
representative,
relatives and other 
10
    persons identified in the resident's service plan;


11
        (5) provide cognitive stimulation and activities to 
12
    maximize functioning;


13
        (6) provide an appropriate number of staff for its 
14
    resident population, as
established by rule;


15
        (7) require the director or administrator and direct 
16
    care staff
to complete sufficient comprehensive and 
17
    ongoing dementia and cognitive deficit
training,
the 
18
    content of which shall be established by rule; and


19
        (8) develop emergency procedures and staffing patterns 
20
    to respond to the
needs of residents.

21
(Source: P.A. 93-141, eff. 7-10-03.)

 
22
    Section 15. The Community Living Facilities Licensing Act 
23
is amended  by changing Section 9 as follows:
 



24
    (210 ILCS 35/9)  (from Ch. 111 1/2, par. 4189)



 


 






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1
    Sec. 9. Regular licenses. 

2
    (1) A regular license shall be valid for
a one-year period 
3
from the date of authorization. A license is not
transferable.

4
    (2) Within 120 to 150 days prior to the date of expiration 
5
of the license,
the licensee shall apply to the Department for 
6
renewal of the license. The
procedure for renewing a valid 
7
license for a Community Living Facility shall
be the same as 
8
for applying for the initial license, pursuant to subsections

9
(1) through (4) of Section 7 of this Act. If the Department has 
10
determined
on the basis of available documentation that the 
11
Community Living Facility
is in substantial compliance with 
12
this Act and the rules promulgated under
this Act,
and has 
13
provided to the Department an accurate disclosure document in

14
accordance with the Alzheimer's Disease and Related Dementias 
15
Special Care Disclosure Act,
it shall renew the regular
license 
16
for another one-year period.

17
    (3) Whenever ownership of a facility is transferred from 
18
the licensee to
any other person, agency, association, 
19
corporation, partnership, or
organization,
the transferree 
20
must obtain a new probationary license. The transferree
shall 
21
notify the Department of the transfer and apply for a new 
22
license
at least 30 days prior to final transfer. The 
23
requirement for an on-site
inspection in  Section 7 may be 
24
waived if the Department has conducted a survey
of the 
25
Community Living Facility within the past 60 days and the 
26
survey
disclosed substantial compliance with this Act and rules 
 


 






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1
and regulations
promulgated hereunder.

2
(Source: P.A. 90-341, eff. 1-1-98.)

 
3
    Section 20. The Life Care Facilities Act is amended  by 
4
changing Section 6 as follows:
 



5
    (210 ILCS 40/6)  (from Ch. 111 1/2, par. 4160-6)



6
    Sec. 6. 
Upon receipt of the completed application and 
7
exhibits and
payment of the fee by the applicant, and proof of 
8
compliance by the applicant
with the provisions of Section 7, 
9
the Director shall issue a permit to the
provider, subject to 
10
the conditions imposed pursuant to Section 7,
allowing the 
11
provider to enter into life care contracts with respect to
the 
12
number of living units and facility described in the 
13
application.

14
    A permit issued pursuant to this Act shall remain in full 
15
force, subject
to the provisions of this Act, and shall contain 
16
in a prominent location
a statement that the issuance of such 
17
permit neither constitutes approval,
recommendation or 
18
endorsement by the Department or Director nor evidences
the 
19
accuracy or completeness of the information furnished to the 
20
Department.
A permit may be revoked by the Department if the 
21
facility fails to provide to
the
Department an accurate 
22
disclosure document in accordance with the
Alzheimer's Disease 
23
and Related Dementias Special Care Disclosure Act.

24
    All permits shall be nontransferable.

 


 






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1
(Source: P.A. 90-341, eff. 1-1-98.)

 
2
    Section 25. The Nursing Home Care Act is amended  by 
3
changing Section 3-115 as follows:
 



4
    (210 ILCS 45/3-115)  (from Ch. 111 1/2, par. 4153-115)



5
    Sec. 3-115. License renewal application. At least 120 days 
6
but not more
than 150 days prior to license
expiration, the 
7
licensee shall submit an application
for renewal of the license 
8
in such form and containing such information
as the Department 
9
requires. If the application is approved, the license
shall be 
10
renewed in accordance with Section 3-110.
The renewal 
11
application for a sheltered care or long-term care facility 
12
shall
not be
approved unless the applicant has provided to the 
13
Department an accurate
disclosure document in accordance with 
14
the Alzheimer's Disease and Related Dementias Special Care

15
Disclosure
Act.
If application for renewal
is not timely filed, 
16
the Department shall so inform the licensee.

17
(Source: P.A. 90-341, eff. 1-1-98; 91-215, eff. 7-20-99.)

 
18
    Section 95. No acceleration or delay. Where this Act makes 
19
changes in a statute that is represented in this Act by text 
20
that is not yet or no longer in effect (for example, a Section 
21
represented by multiple versions), the use of that text does 
22
not accelerate or delay the taking effect of (i) the changes 
23
made by this Act or (ii) provisions derived from any other 
 


 






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1
Public Act.
 
 
2
    Section 99. Effective date. This Act takes effect upon 
3
becoming law.