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Sen. Kimberly A. Lightford
Filed: 4/4/2024
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1 | | AMENDMENT TO SENATE BILL 3723
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2 | | AMENDMENT NO. ______. Amend Senate Bill 3723 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, 15, 75, 80, 90, and 95 as |
6 | | follows: |
7 | | (210 ILCS 9/10) |
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 | | "Assisted living establishment" or "establishment" means a |
12 | | home, building, residence, or any other place where sleeping |
13 | | accommodations are provided for at least 3 unrelated adults, |
14 | | at least 80% of whom are 55 years of age or older and where the |
15 | | following are provided consistent with the purposes of this |
16 | | Act: |
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1 | | (1) services consistent with a social model that is |
2 | | based on the premise that the resident's unit in assisted |
3 | | living and shared housing is his or her own home; |
4 | | (2) community-based residential care for persons who |
5 | | need assistance with activities of daily living, including |
6 | | personal, supportive, and intermittent health-related |
7 | | services available 24 hours per day, if needed, to meet |
8 | | the scheduled and unscheduled needs of a resident; |
9 | | (3) mandatory services, whether provided directly by |
10 | | the establishment or by another entity arranged for by the |
11 | | establishment, with the consent of the resident or |
12 | | resident's representative; and |
13 | | (4) a physical environment that is a homelike setting |
14 | | that includes the following and such other elements as |
15 | | established by the Department: individual living units |
16 | | each of which shall accommodate small kitchen appliances |
17 | | and contain private bathing, washing, and toilet |
18 | | facilities, or private washing and toilet facilities with |
19 | | a common bathing room readily accessible to each resident. |
20 | | Units shall be maintained for single occupancy except in |
21 | | cases in which 2 residents choose to share a unit. |
22 | | Sufficient common space shall exist to permit individual |
23 | | and group activities. |
24 | | "Assisted living establishment" or "establishment" does |
25 | | not mean any of the following: |
26 | | (1) A home, institution, or similar place operated by |
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1 | | the federal government or the State of Illinois. |
2 | | (2) A long term care facility licensed under the |
3 | | Nursing Home Care Act, a facility licensed under the |
4 | | Specialized Mental Health Rehabilitation Act of 2013, a |
5 | | facility licensed under the ID/DD Community Care Act, or a |
6 | | facility licensed under the MC/DD Act. However, a facility |
7 | | licensed under any of those Acts may convert distinct |
8 | | parts of the facility to assisted living. If the facility |
9 | | elects to do so, the facility shall retain the Certificate |
10 | | of Need for its nursing and sheltered care beds that were |
11 | | converted. |
12 | | (3) A hospital, sanitarium, or other institution, the |
13 | | principal activity or business of which is the diagnosis, |
14 | | care, and treatment of human illness and that is required |
15 | | to be licensed under the Hospital Licensing Act. |
16 | | (4) A facility for child care as defined in the Child |
17 | | Care Act of 1969. |
18 | | (5) A community living facility as defined in the |
19 | | Community Living Facilities Licensing Act. |
20 | | (6) A nursing home or sanitarium operated solely by |
21 | | and for persons who rely exclusively upon treatment by |
22 | | spiritual means through prayer in accordance with the |
23 | | creed or tenants of a well-recognized church or religious |
24 | | denomination. |
25 | | (7) A facility licensed by the Department of Human |
26 | | Services as a community-integrated living arrangement as |
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1 | | defined in the Community-Integrated Living Arrangements |
2 | | Licensure and Certification Act. |
3 | | (8) A supportive residence licensed under the |
4 | | Supportive Residences Licensing Act. |
5 | | (9) The portion of a life care facility as defined in |
6 | | the Life Care Facilities Act not licensed as an assisted |
7 | | living establishment under this Act; a life care facility |
8 | | may apply under this Act to convert sections of the |
9 | | community to assisted living. |
10 | | (10) A free-standing hospice facility licensed under |
11 | | the Hospice Program Licensing Act. |
12 | | (11) A shared housing establishment. |
13 | | (12) A supportive living facility as described in |
14 | | Section 5-5.01a of the Illinois Public Aid Code. |
15 | | "Department" means the Department of Public Health. |
16 | | "Director" means the Director of Public Health. |
17 | | "Emergency situation" means imminent danger of death or |
18 | | serious physical harm to a resident of an establishment. |
19 | | "License" means any of the following types of licenses |
20 | | issued to an applicant or licensee by the Department: |
21 | | (1) "Probationary license" means a license issued to |
22 | | an applicant or licensee that has not held a license under |
23 | | this Act prior to its application or pursuant to a license |
24 | | transfer in accordance with Section 50 of this Act. |
25 | | (2) "Regular license" means a license issued by the |
26 | | Department to an applicant or licensee that is in |
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1 | | substantial compliance with this Act and any rules |
2 | | promulgated under this Act. |
3 | | "Licensee" means a person, agency, association, |
4 | | corporation, partnership, or organization that has been issued |
5 | | a license to operate an assisted living or shared housing |
6 | | establishment. |
7 | | "Licensed health care professional" means a registered |
8 | | professional nurse, an advanced practice registered nurse, a |
9 | | physician assistant, and a licensed practical nurse. |
10 | | "Mandatory services" include the following: |
11 | | (1) 3 meals per day available to the residents |
12 | | prepared by the establishment or an outside contractor; |
13 | | (2) housekeeping services including, but not limited |
14 | | to, vacuuming, dusting, and cleaning the resident's unit; |
15 | | (3) personal laundry and linen services available to |
16 | | the residents provided or arranged for by the |
17 | | establishment; |
18 | | (4) security provided 24 hours each day including, but |
19 | | not limited to, locked entrances or building or contract |
20 | | security personnel; |
21 | | (5) an emergency communication response system, which |
22 | | is a procedure in place 24 hours each day by which a |
23 | | resident can notify building management, an emergency |
24 | | response vendor, or others able to respond to his or her |
25 | | need for assistance; and |
26 | | (6) assistance with activities of daily living as |
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1 | | required by each resident. |
2 | | "Negotiated risk" is the process by which a resident, or |
3 | | his or her representative, may formally negotiate with |
4 | | providers what risks each are willing and unwilling to assume |
5 | | in service provision and the resident's living environment. |
6 | | The provider assures that the resident and the resident's |
7 | | representative, if any, are informed of the risks of these |
8 | | decisions and of the potential consequences of assuming these |
9 | | risks. |
10 | | "Owner" means the individual, partnership, corporation, |
11 | | association, or other person who owns an assisted living or |
12 | | shared housing establishment. In the event an assisted living |
13 | | or shared housing establishment is operated by a person who |
14 | | leases or manages the physical plant, which is owned by |
15 | | another person, "owner" means the person who operates the |
16 | | assisted living or shared housing establishment, except that |
17 | | if the person who owns the physical plant is an affiliate of |
18 | | the person who operates the assisted living or shared housing |
19 | | establishment and has significant control over the day to day |
20 | | operations of the assisted living or shared housing |
21 | | establishment, the person who owns the physical plant shall |
22 | | incur jointly and severally with the owner all liabilities |
23 | | imposed on an owner under this Act. |
24 | | "Physician" means a person licensed under the Medical |
25 | | Practice Act of 1987 to practice medicine in all of its |
26 | | branches. |
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1 | | "Resident" means a person residing in an assisted living |
2 | | or shared housing establishment. |
3 | | "Resident's representative" means a person, other than the |
4 | | owner, agent, or employee of an establishment or of the health |
5 | | care provider unless related to the resident, designated in |
6 | | writing by a resident or a court to be his or her |
7 | | representative. This designation may be accomplished through |
8 | | the Illinois Power of Attorney Act, pursuant to the |
9 | | guardianship process under the Probate Act of 1975, or |
10 | | pursuant to an executed designation of representative form |
11 | | specified by the Department. |
12 | | "Self" means the individual or the individual's designated |
13 | | representative. |
14 | | "Shared housing establishment" or "establishment" means a |
15 | | publicly or privately operated free-standing residence for 16 |
16 | | or fewer persons, at least 80% of whom are 55 years of age or |
17 | | older and who are unrelated to the owners and one manager of |
18 | | the residence, where the following are provided: |
19 | | (1) services consistent with a social model that is |
20 | | based on the premise that the resident's unit is his or her |
21 | | own home; |
22 | | (2) community-based residential care for persons who |
23 | | need assistance with activities of daily living, including |
24 | | housing and personal, supportive, and intermittent |
25 | | health-related services available 24 hours per day, if |
26 | | needed, to meet the scheduled and unscheduled needs of a |
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1 | | resident; and |
2 | | (3) mandatory services, whether provided directly by |
3 | | the establishment or by another entity arranged for by the |
4 | | establishment, with the consent of the resident or the |
5 | | resident's representative. |
6 | | "Shared housing establishment" or "establishment" does not |
7 | | mean any of the following: |
8 | | (1) A home, institution, or similar place operated by |
9 | | the federal government or the State of Illinois. |
10 | | (2) A long term care facility licensed under the |
11 | | Nursing Home Care Act, a facility licensed under the |
12 | | Specialized Mental Health Rehabilitation Act of 2013, a |
13 | | facility licensed under the ID/DD Community Care Act, or a |
14 | | facility licensed under the MC/DD Act. A facility licensed |
15 | | under any of those Acts may, however, convert sections of |
16 | | the facility to assisted living. If the facility elects to |
17 | | do so, the facility shall retain the Certificate of Need |
18 | | for its nursing beds that were converted. |
19 | | (3) A hospital, sanitarium, or other institution, the |
20 | | principal activity or business of which is the diagnosis, |
21 | | care, and treatment of human illness and that is required |
22 | | to be licensed under the Hospital Licensing Act. |
23 | | (4) A facility for child care as defined in the Child |
24 | | Care Act of 1969. |
25 | | (5) A community living facility as defined in the |
26 | | Community Living Facilities Licensing Act. |
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1 | | (6) A nursing home or sanitarium operated solely by |
2 | | and for persons who rely exclusively upon treatment by |
3 | | spiritual means through prayer in accordance with the |
4 | | creed or tenants of a well-recognized church or religious |
5 | | denomination. |
6 | | (7) A facility licensed by the Department of Human |
7 | | Services as a community-integrated living arrangement as |
8 | | defined in the Community-Integrated Living Arrangements |
9 | | Licensure and Certification Act. |
10 | | (8) A supportive residence licensed under the |
11 | | Supportive Residences Licensing Act. |
12 | | (9) A life care facility as defined in the Life Care |
13 | | Facilities Act; a life care facility may apply under this |
14 | | Act to convert sections of the community to assisted |
15 | | living. |
16 | | (10) A free-standing hospice facility licensed under |
17 | | the Hospice Program Licensing Act. |
18 | | (11) An assisted living establishment. |
19 | | (12) A supportive living facility as described in |
20 | | Section 5-5.01a of the Illinois Public Aid Code. |
21 | | "Total assistance" means that staff or another individual |
22 | | performs the entire activity of daily living without |
23 | | participation by the resident. |
24 | | (Source: P.A. 99-180, eff. 7-29-15; 100-513, eff. 1-1-18 .) |
25 | | (210 ILCS 9/15) |
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1 | | Sec. 15. Assessment and service plan requirements. Prior |
2 | | to admission to any establishment covered by this Act, a |
3 | | comprehensive assessment that includes an evaluation of the |
4 | | prospective resident's physical, cognitive, and psychosocial |
5 | | condition shall be completed. At least annually, a |
6 | | comprehensive assessment shall be completed, and upon |
7 | | identification of a significant change in the resident's |
8 | | condition, including, but not limited to, a diagnosis of |
9 | | Alzheimer's disease or a related dementia, the resident shall |
10 | | be reassessed. The Department may by rule specify |
11 | | circumstances under which more frequent assessments of skin |
12 | | integrity and nutritional status shall be required. The |
13 | | comprehensive assessment shall be completed by a physician. |
14 | | Based on the assessment, the resident's interests and |
15 | | preferences, dislikes, and any known triggers for behavior |
16 | | that endangers the resident or others, a written service plan |
17 | | shall be developed and mutually agreed upon by the provider , |
18 | | and the resident , and the resident's representative, if any . |
19 | | The service plan, which shall be reviewed annually, or more |
20 | | often as the resident's condition, preferences, or service |
21 | | needs change, shall serve as a basis for the service delivery |
22 | | contract between the provider and the resident. The resident |
23 | | and the resident's representative, if any, shall, upon |
24 | | request, be given a copy of the most recent assessment; a |
25 | | supplemental assessment, if any, completed by the |
26 | | establishment; and a service plan. Based on the assessment, |
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1 | | the service plan may provide for the disconnection or removal |
2 | | of any appliance. |
3 | | (Source: P.A. 91-656, eff. 1-1-01.) |
4 | | (210 ILCS 9/75) |
5 | | Sec. 75. Residency requirements. |
6 | | (a) No individual shall be accepted for residency or |
7 | | remain in residence if the establishment cannot provide or |
8 | | secure appropriate services, if the individual requires a |
9 | | level of service or type of service for which the |
10 | | establishment is not licensed or which the establishment does |
11 | | not provide, or if the establishment does not have the staff |
12 | | appropriate in numbers and with appropriate skill to provide |
13 | | such services. |
14 | | (b) Only adults may be accepted for residency. |
15 | | (c) A person shall not be accepted for residency if: |
16 | | (1) the person poses a serious threat to himself or |
17 | | herself or to others; |
18 | | (2) the person is not able to communicate his or her |
19 | | needs and no resident representative residing in the |
20 | | establishment, and with a prior relationship to the |
21 | | person, has been appointed to direct the provision of |
22 | | services; |
23 | | (3) the person requires total assistance with 2 or |
24 | | more activities of daily living; |
25 | | (4) the person requires the assistance of more than |
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1 | | one paid caregiver at any given time with an activity of |
2 | | daily living; |
3 | | (5) the person requires more than minimal assistance |
4 | | in moving to a safe area in an emergency; |
5 | | (6) the person has a severe mental illness, which for |
6 | | the purposes of this Section means a condition that is |
7 | | characterized by the presence of a major mental disorder |
8 | | as classified in the Diagnostic and Statistical Manual of |
9 | | Mental Disorders, Fourth Edition (DSM-IV) (American |
10 | | Psychiatric Association, 1994), where the individual is a |
11 | | person with a substantial disability due to mental illness |
12 | | in the areas of self-maintenance, social functioning, |
13 | | activities of community living and work skills, and the |
14 | | disability specified is expected to be present for a |
15 | | period of not less than one year, but does not mean |
16 | | Alzheimer's disease and other forms of dementia based on |
17 | | organic or physical disorders; |
18 | | (7) the person requires intravenous therapy or |
19 | | intravenous feedings unless self-administered or |
20 | | administered by a qualified, licensed health care |
21 | | professional; |
22 | | (8) the person requires gastrostomy feedings unless |
23 | | self-administered or administered by a licensed health |
24 | | care professional; |
25 | | (9) the person requires insertion, sterile irrigation, |
26 | | and replacement of catheter, except for routine |
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1 | | maintenance of urinary catheters, unless the catheter care |
2 | | is self-administered or administered by a licensed health |
3 | | care professional; |
4 | | (10) the person requires sterile wound care unless |
5 | | care is self-administered or administered by a licensed |
6 | | health care professional; |
7 | | (11) (blank); |
8 | | (12) the person is a diabetic requiring routine |
9 | | insulin injections unless the injections are |
10 | | self-administered or administered by a licensed health |
11 | | care professional; |
12 | | (13) the person requires treatment of stage 3 or stage |
13 | | 4 decubitus ulcers or exfoliative dermatitis; |
14 | | (14) the person requires 5 or more skilled nursing |
15 | | visits per week for conditions other than those listed in |
16 | | items (13) and (15) of this subsection for a period of 3 |
17 | | consecutive weeks or more except when the course of |
18 | | treatment is expected to extend beyond a 3 week period for |
19 | | rehabilitative purposes and is certified as temporary by a |
20 | | physician; or |
21 | | (15) other reasons prescribed by the Department by |
22 | | rule. |
23 | | (d) A resident with a condition listed in items (1) |
24 | | through (15) of subsection (c) shall have his or her residency |
25 | | terminated. |
26 | | (e) Residency shall be terminated when services available |
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1 | | to the resident in the establishment are no longer adequate to |
2 | | meet the needs of the resident. The establishment shall notify |
3 | | the resident and the resident's representative, if any, when |
4 | | there is a significant change in the resident's condition that |
5 | | affects the establishment's ability to meet the resident's |
6 | | needs. The requirements of subsection (c) of Section 80 shall |
7 | | then apply. This provision shall not be interpreted as |
8 | | limiting the authority of the Department to require the |
9 | | residency termination of individuals. |
10 | | (f) Subsection (d) of this Section shall not apply to |
11 | | terminally ill residents who receive or would qualify for |
12 | | hospice care and such care is coordinated by a hospice program |
13 | | licensed under the Hospice Program Licensing Act or other |
14 | | licensed health care professional employed by a licensed home |
15 | | health agency and the establishment and all parties agree to |
16 | | the continued residency. |
17 | | (g) Items (3), (4), (5), and (9) of subsection (c) shall |
18 | | not apply to a quadriplegic, paraplegic, or individual with |
19 | | neuro-muscular diseases, such as muscular dystrophy and |
20 | | multiple sclerosis, or other chronic diseases and conditions |
21 | | as defined by rule if the individual is able to communicate his |
22 | | or her needs and does not require assistance with complex |
23 | | medical problems, and the establishment is able to accommodate |
24 | | the individual's needs. The Department shall prescribe rules |
25 | | pursuant to this Section that address special safety and |
26 | | service needs of these individuals. |
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1 | | (h) For the purposes of items (7) through (10) of |
2 | | subsection (c), a licensed health care professional may not be |
3 | | employed by the owner or operator of the establishment, its |
4 | | parent entity, or any other entity with ownership common to |
5 | | either the owner or operator of the establishment or parent |
6 | | entity, including but not limited to an affiliate of the owner |
7 | | or operator of the establishment. Nothing in this Section is |
8 | | meant to limit a resident's right to choose his or her health |
9 | | care provider. |
10 | | (i) Subsection (h) is not applicable to residents admitted |
11 | | to an assisted living establishment under a life care contract |
12 | | as defined in the Life Care Facilities Act if the life care |
13 | | facility has both an assisted living establishment and a |
14 | | skilled nursing facility. A licensed health care professional |
15 | | providing health-related or supportive services at a life care |
16 | | assisted living or shared housing establishment must be |
17 | | employed by an entity licensed by the Department under the |
18 | | Nursing Home Care Act or the Home Health, Home Services, and |
19 | | Home Nursing Agency Licensing Act. |
20 | | (Source: P.A. 103-444, eff. 1-1-24 .) |
21 | | (210 ILCS 9/80) |
22 | | Sec. 80. Involuntary termination of residency. |
23 | | (a) Residency shall be involuntarily terminated only for |
24 | | the following reasons: |
25 | | (1) as provided in Section 75 of this Act; |
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1 | | (2) nonpayment of contracted charges after the |
2 | | resident and the resident's representative have received a |
3 | | minimum of 30 days' 30-days written notice of the |
4 | | delinquency and the resident or the resident's |
5 | | representative has had at least 15 days to cure the |
6 | | delinquency; or |
7 | | (3) failure to execute a service delivery contract or |
8 | | to substantially comply with its terms and conditions, |
9 | | failure to comply with the assessment requirements |
10 | | contained in Section 15, or failure to substantially |
11 | | comply with the terms and conditions of the lease |
12 | | agreement. |
13 | | (b) A 30-day 30 day written notice of residency |
14 | | termination shall be provided to the resident, the resident's |
15 | | representative, or both, the Department, and the long term |
16 | | care ombudsman, which shall include the reason for the pending |
17 | | action, the date of the proposed move, and a notice, the |
18 | | content and form to be set forth by rule, of the resident's |
19 | | right to appeal, the steps that the resident or the resident's |
20 | | representative must take to initiate an appeal, and a |
21 | | statement of the resident's right to continue to reside in the |
22 | | establishment until a decision is rendered. The notice shall |
23 | | include a toll free telephone number to initiate an appeal and |
24 | | a written hearing request form, together with a postage paid, |
25 | | pre-addressed envelope to the Department. If the resident or |
26 | | the resident's representative, if any, cannot read English, |
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1 | | the notice must be provided in a language the individual |
2 | | receiving the notice can read or the establishment must |
3 | | provide a translator who has been trained to assist the |
4 | | resident or the resident's representative in the appeal |
5 | | process. In emergency situations as defined in Section 10 of |
6 | | this Act, the 30-day provision of the written notice may be |
7 | | waived. |
8 | | (c) The establishment shall attempt to resolve with the |
9 | | resident or the resident's representative, if any, |
10 | | circumstances that if not remedied have the potential of |
11 | | resulting in an involuntary termination of residency and shall |
12 | | document those efforts in the resident's file. This action may |
13 | | occur prior to or during the 30 day notice period, but must |
14 | | occur prior to the termination of the residency. In emergency |
15 | | situations as defined in Section 10 of this Act, the |
16 | | requirements of this subsection may be waived. |
17 | | (d) A request for a hearing shall stay an involuntary |
18 | | termination of residency until a decision has been rendered by |
19 | | the Department, according to a process adopted by rule. During |
20 | | this time period, the establishment may not terminate or |
21 | | reduce any service without the consent of the resident or the |
22 | | resident's representative, if any, for the purpose of making |
23 | | it more difficult or impossible for the resident to remain in |
24 | | the establishment. |
25 | | (e) The establishment shall offer the resident and the |
26 | | resident's representative, if any, residency termination and |
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1 | | relocation assistance including information on available |
2 | | alternative placement. Residents shall be involved in planning |
3 | | the move and shall choose among the available alternative |
4 | | placements except when an emergency situation makes prior |
5 | | resident involvement impossible. Emergency placements are |
6 | | deemed temporary until the resident's input can be sought in |
7 | | the final placement decision. No resident shall be forced to |
8 | | remain in a temporary or permanent placement. |
9 | | (f) The Department may offer assistance to the |
10 | | establishment and the resident in the preparation of residency |
11 | | termination and relocation plans to assure safe and orderly |
12 | | transition and to protect the resident's health, safety, |
13 | | welfare, and rights. In nonemergencies, and where possible in |
14 | | emergencies, the transition plan shall be designed and |
15 | | implemented in advance of transfer or residency termination. |
16 | | (g) An establishment may not initiate a termination of |
17 | | residency due to an emergency situation if the establishment |
18 | | is able to safely care for the resident and (1) the resident |
19 | | has been hospitalized and the resident's physician states that |
20 | | returning to the establishment would not create an imminent |
21 | | danger of death or serious physical harm to the resident; or |
22 | | (2) the emergency can be negated by changes in staffing, |
23 | | activities, health care, personal care, or rooming |
24 | | accommodations, consistent with the license of the |
25 | | establishment. The Department may not find an establishment to |
26 | | be in violation of Section 75 of this Act for failing to |
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1 | | initiate an emergency discharge in these circumstances. |
2 | | (h) If the Department determines that an involuntary |
3 | | termination of residency does not meet the requirements of |
4 | | this Act, the Department shall issue a written decision |
5 | | stating that the involuntary termination of residency is |
6 | | denied. If the action of the establishment giving rise to the |
7 | | request for hearings is the establishment's failure to readmit |
8 | | the resident following hospitalization, other medical leave of |
9 | | absence, or other absence, the Department shall order the |
10 | | immediate readmission of the resident to the establishment |
11 | | unless a condition which would have allowed transfer or |
12 | | discharge develops within that timeframe. |
13 | | (i) If an order to readmit is entered pursuant to |
14 | | subsection (h), the establishment shall immediately comply. As |
15 | | used in this subsection, "comply" means the establishment and |
16 | | the resident have agreed on a schedule for readmission or the |
17 | | resident is living in the establishment. |
18 | | (j) An establishment that does not readmit a resident |
19 | | after the Department has ordered readmission shall be assessed |
20 | | a fine. The establishment shall be required to submit an |
21 | | acceptable plan of correction to the Department within 30 days |
22 | | after the violation is affirmed. |
23 | | (k) Once a notice of appeal is filed, the Department shall |
24 | | hold a hearing unless the notice of appeal is withdrawn. If the |
25 | | notice of appeal is withdrawn based upon a representation made |
26 | | by the establishment to the resident and the Department, |
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1 | | including the hearing officer, that a resident who has been |
2 | | previously denied readmission will be readmitted, failure to |
3 | | comply with the representation shall be considered a failure |
4 | | to comply with a Department order pursuant to subsection (h) |
5 | | and shall result in the imposition of a fine as provided in |
6 | | subsection (j) of this Section. |
7 | | (l) A long term care ombudsman may request a hearing on |
8 | | behalf of a resident and secure representation of a resident |
9 | | if, in the judgment of the long term care ombudsman, doing so |
10 | | is in the best interests of the resident and the resident does |
11 | | not object. |
12 | | (Source: P.A. 91-656, eff. 1-1-01.) |
13 | | (210 ILCS 9/90) |
14 | | Sec. 90. Contents of service delivery contract. A contract |
15 | | between an establishment and a resident must be entitled |
16 | | "assisted living establishment contract" or "shared housing |
17 | | establishment contract" as applicable, shall be printed in no |
18 | | less than 12 point type, and shall include at least the |
19 | | following elements in the body or through supporting documents |
20 | | or attachments: |
21 | | (1) the name, street address, and mailing address of |
22 | | the establishment; |
23 | | (2) the name and mailing address of the owner or |
24 | | owners of the establishment and, if the owner or owners |
25 | | are not natural persons, the type of business entity of |
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1 | | the owner or owners; |
2 | | (3) the name and mailing address of the managing agent |
3 | | of the establishment, whether hired under a management |
4 | | agreement or lease agreement, if the managing agent is |
5 | | different from the owner or owners; |
6 | | (4) the name and address of at least one natural |
7 | | person who is authorized to accept service on behalf of |
8 | | the owners and managing agent; |
9 | | (5) a statement describing the license status of the |
10 | | establishment and the license status of all providers of |
11 | | health-related or supportive services to a resident under |
12 | | arrangement with the establishment; |
13 | | (6) the duration of the contract; |
14 | | (7) the base rate to be paid by the resident and a |
15 | | description of the services to be provided as part of this |
16 | | rate; |
17 | | (8) a description of any additional services to be |
18 | | provided for an additional fee by the establishment |
19 | | directly or by a third party provider under arrangement |
20 | | with the establishment; |
21 | | (9) the fee schedules outlining the cost of any |
22 | | additional services; |
23 | | (10) a description of the process through which the |
24 | | contract may be modified, amended, or terminated; |
25 | | (11) a description of the establishment's complaint |
26 | | resolution process available to residents and notice of |
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1 | | the availability of the Department on Aging's Senior |
2 | | Helpline for complaints; |
3 | | (12) the name of the resident's designated |
4 | | representative, if any; |
5 | | (13) the resident's obligations in order to maintain |
6 | | residency and receive services including compliance with |
7 | | all assessments required under Section 15; |
8 | | (14) the billing and payment procedures and |
9 | | requirements; |
10 | | (15) a statement affirming the resident's freedom to |
11 | | receive services from service providers with whom the |
12 | | establishment does not have a contractual arrangement, |
13 | | which may also disclaim liability on the part of the |
14 | | establishment for those services; |
15 | | (16) a statement that medical assistance under Article |
16 | | V or Article VI of the Illinois Public Aid Code is not |
17 | | available for payment for services provided in an |
18 | | establishment, excluding contracts executed with residents |
19 | | residing in licensed establishments participating in the |
20 | | Department on Aging's Comprehensive Care in Residential |
21 | | Settings Demonstration Project; |
22 | | (17) a statement detailing the admission, risk |
23 | | management, and residency termination criteria and |
24 | | procedures; |
25 | | (18) a written explanation, prepared by the Office of |
26 | | State Long Term Care Ombudsman, statement listing the |
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1 | | rights specified in Sections 80 and Section 95 , including |
2 | | an acknowledgment by the establishment and acknowledging |
3 | | that, by contracting with the assisted living or shared |
4 | | housing establishment, the resident does not forfeit those |
5 | | rights; |
6 | | (19) a statement detailing the Department's annual |
7 | | on-site review process including what documents contained |
8 | | in a resident's personal file shall be reviewed by the |
9 | | on-site reviewer as defined by rule; and |
10 | | (20) a statement outlining whether the establishment |
11 | | charges a community fee and, if so, the amount of the fee |
12 | | and whether it is refundable; if the fee is refundable, |
13 | | the contract must describe the conditions under which it |
14 | | is refundable and how the amount of the refund is |
15 | | determined. |
16 | | (Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.) |
17 | | (210 ILCS 9/95) |
18 | | Sec. 95. Resident rights. No resident shall be deprived of |
19 | | any rights, benefits, or privileges guaranteed by law, the |
20 | | Constitution of the State of Illinois, or the Constitution of |
21 | | the United States solely on account of his or her status as a |
22 | | resident of an establishment, nor shall a resident forfeit any |
23 | | of the following rights: |
24 | | (1) the right to retain and use personal property and |
25 | | a place to store personal items that is locked and secure; |
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1 | | (2) the right to refuse services and to be advised of |
2 | | the consequences of that refusal; |
3 | | (3) the right to respect for bodily privacy and |
4 | | dignity at all times, especially during care and |
5 | | treatment; |
6 | | (4) the right to the free exercise of religion; |
7 | | (5) the right to privacy with regard to mail, phone |
8 | | calls, and visitors; |
9 | | (6) the right to uncensored access to the State |
10 | | Ombudsman or his or her designee; |
11 | | (7) the right to be free of retaliation for |
12 | | criticizing the establishment or making complaints to |
13 | | appropriate agencies; |
14 | | (8) the right to be free of chemical and physical |
15 | | restraints; |
16 | | (9) the right to be free of abuse or neglect or to |
17 | | refuse to perform labor; |
18 | | (10) the right to confidentiality of the resident's |
19 | | medical records; |
20 | | (11) the right of access and the right to copy the |
21 | | resident's personal files maintained by the establishment; |
22 | | (12) the right to 24 hours access to the |
23 | | establishment; |
24 | | (13) the right to a minimum of 90 days' 90-days notice |
25 | | of a planned establishment closure; |
26 | | (14) the right to a minimum of 30 days' 30-days notice |
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1 | | of an involuntary residency termination, except where the |
2 | | resident poses a threat to himself or others, or in other |
3 | | emergency situations, and the right to appeal such |
4 | | termination ; if an establishment withdraws a notice of |
5 | | involuntary termination of residency, then the resident |
6 | | has the right to maintain residency at the establishment ; |
7 | | and |
8 | | (15) the right to a 30-day notice of delinquency and |
9 | | at least 15 days right to cure delinquency ; . |
10 | | (16) the right to not be unlawfully transferred or |
11 | | discharged; and |
12 | | (17) the right not to be charged for any period during |
13 | | which the resident was unlawfully denied residency. |
14 | | |
15 | | (Source: P.A. 91-656, eff. 1-1-01.) |
16 | | Section 10. The Nursing Home Care Act is amended by |
17 | | changing Sections 1-114.005, 2-104, 2-111, 3-401, 3-401.1, |
18 | | 3-402, 3-404, 3-405, 3-410, 3-411, and 3-413 and by adding |
19 | | Sections 3-305.6 and 3-413.1 as follows: |
20 | | (210 ILCS 45/1-114.005) |
21 | | Sec. 1-114.005. High risk designation. "High risk |
22 | | designation" means a violation of a provision of the Illinois |
23 | | Administrative Code or statute that has been identified by the |
24 | | Department through rulemaking or designated in statute to be |
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1 | | inherently necessary to protect the health, safety, and |
2 | | welfare of a resident. |
3 | | (Source: P.A. 96-1372, eff. 7-29-10.) |
4 | | (210 ILCS 45/2-111) (from Ch. 111 1/2, par. 4152-111) |
5 | | Sec. 2-111. A resident shall not be transferred or |
6 | | discharged in violation of this Act. A resident may not be |
7 | | charged for any period during which the resident was |
8 | | unlawfully denied the right to reside in a facility. A |
9 | | resident may be discharged from a facility after he gives the |
10 | | administrator, a physician, or a nurse of the facility written |
11 | | notice of his desire to be discharged. If a guardian has been |
12 | | appointed for a resident or if the resident is a minor, the |
13 | | resident shall be discharged upon written consent of his |
14 | | guardian or if the resident is a minor, his parent unless there |
15 | | is a court order to the contrary. In such cases, upon the |
16 | | resident's discharge, the facility is relieved from any |
17 | | responsibility for the resident's care, safety or well-being. |
18 | | A resident has the right to not be unlawfully transferred or |
19 | | discharged. |
20 | | (Source: P.A. 81-223.) |
21 | | (210 ILCS 45/3-305.6 new) |
22 | | Sec. 3-305.6. Failure to readmit a resident. A facility |
23 | | that fails to comply with an order of the Department to readmit |
24 | | a resident who wishes to return to the facility and is |
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1 | | appropriate for that level of care, shall be assessed a fine. |
2 | | As used in this Section, "compliance with the order" means |
3 | | a resident is living in a facility, or a facility and a |
4 | | resident have agreed on a schedule for readmission. |
5 | | (210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401) |
6 | | Sec. 3-401. A facility may involuntarily transfer or |
7 | | discharge a resident only for one or more of the following |
8 | | reasons: |
9 | | (a) the facility is unable to meet the medical needs |
10 | | of the resident, as documented in the resident's clinical |
11 | | record by the resident's physician for medical reasons for |
12 | | medical reasons ; |
13 | | (b) for the resident's physical safety; |
14 | | (c) for the physical safety of other residents, the |
15 | | facility staff or facility visitors; or |
16 | | (d) for either late payment or nonpayment for the |
17 | | resident's stay, except as prohibited by Titles XVIII and |
18 | | XIX of the federal Social Security Act. For purposes of |
19 | | this Section, "late payment" means non-receipt of payment |
20 | | after submission of a bill. If payment is not received |
21 | | within 45 days after submission of a bill, a facility may |
22 | | send a notice to the resident and responsible party |
23 | | requesting payment within 30 days. If payment is not |
24 | | received within such 30 days, the facility may thereupon |
25 | | institute transfer or discharge proceedings by sending a |
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1 | | notice of transfer or discharge to the resident and |
2 | | responsible party by registered or certified mail. The |
3 | | notice shall state, in addition to the requirements of |
4 | | Section 3-403 of this Act, that the responsible party has |
5 | | the right to pay the amount of the bill in full up to the |
6 | | date the transfer or discharge is to be made and then the |
7 | | resident shall have the right to remain in the facility. |
8 | | Such payment shall terminate the transfer or discharge |
9 | | proceedings. This subsection does not apply to those |
10 | | residents whose care is provided for under the Illinois |
11 | | Public Aid Code. The Department shall adopt rules setting |
12 | | forth the criteria and procedures to be applied in cases |
13 | | of involuntary transfer or discharge permitted under this |
14 | | Section. |
15 | | In non-emergency situations, prior to issuing the notice |
16 | | of transfer or discharge of a resident under subsection (a), |
17 | | (b), or (c) of this Section, an attending physician shall |
18 | | conduct an in-person assessment and provide an explanation |
19 | | that, in the physician's medical opinion, the safety threshold |
20 | | under the Act and the federal regulations has or has not been |
21 | | breached with the findings documented in the resident's |
22 | | clinical record. In the absence of other bases for transfer or |
23 | | discharge in this Section, unless it has complied with the |
24 | | prior notice and other procedural requirements of this Act, a |
25 | | facility may not refuse to readmit a resident following a |
26 | | medical leave of absence if the resident's need for care does |
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1 | | not exceed the provisions of the facility's license. |
2 | | (Source: P.A. 91-357, eff. 7-29-99.) |
3 | | (210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402) |
4 | | Sec. 3-402. Involuntary transfer or discharge of a |
5 | | resident from a facility shall be preceded by the discussion |
6 | | required under Section 3-408 and by a minimum written notice |
7 | | of 30 21 days, except in one of the following instances: |
8 | | (a) When an emergency transfer or discharge is ordered by |
9 | | the resident's attending physician because of the resident's |
10 | | health care needs. The State Long Term Care Ombudsman shall be |
11 | | notified at the time of the emergency transfer or discharge. |
12 | | (b) When the transfer or discharge is mandated by the |
13 | | physical safety of other residents, the facility staff, or |
14 | | facility visitors, as documented in the clinical record. The |
15 | | Department , the Office of State Long Term Care Ombudsman, and |
16 | | the resident's managed care organization, if applicable, and |
17 | | the State Long Term Care Ombudsman shall be notified prior to |
18 | | any such involuntary transfer or discharge. The Department |
19 | | shall immediately offer transfer, or discharge and relocation |
20 | | assistance to residents transferred or discharged under this |
21 | | subparagraph (b), and the Department may place relocation |
22 | | teams as provided in Section 3-419 of this Act. |
23 | | (c) When an identified offender is within the provisional |
24 | | admission period defined in Section 1-120.3. If the Identified |
25 | | Offender Report and Recommendation prepared under Section |
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1 | | 2-201.6 shows that the identified offender poses a serious |
2 | | threat or danger to the physical safety of other residents, |
3 | | the facility staff, or facility visitors in the admitting |
4 | | facility and the facility determines that it is unable to |
5 | | provide a safe environment for the other residents, the |
6 | | facility staff, or facility visitors, the facility shall |
7 | | transfer or discharge the identified offender within 3 days |
8 | | after its receipt of the Identified Offender Report and |
9 | | Recommendation. |
10 | | (Source: P.A. 103-320, eff. 1-1-24 .) |
11 | | (210 ILCS 45/3-404) (from Ch. 111 1/2, par. 4153-404) |
12 | | Sec. 3-404. A request for a hearing made under Section |
13 | | 3-403 shall stay a transfer or discharge pending a hearing or |
14 | | appeal of the decision, unless a condition which would have |
15 | | allowed transfer or discharge in less than 30 21 days as |
16 | | described under paragraphs (a) and (b) of Section 3-402 |
17 | | develops in the interim. |
18 | | (Source: P.A. 81-223.) |
19 | | (210 ILCS 45/3-405) (from Ch. 111 1/2, par. 4153-405) |
20 | | Sec. 3-405. A copy of the notice required by Section 3-402 |
21 | | shall be placed in the resident's clinical record and a copy |
22 | | shall be transmitted to the Department, the State Long Term |
23 | | Care Ombudsman, the resident, and the resident's |
24 | | representative , if any, the resident's managed care |
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1 | | organization, if applicable, and the Office of State Long Term |
2 | | Care Ombudsman . |
3 | | (Source: P.A. 103-320, eff. 1-1-24 .) |
4 | | (210 ILCS 45/3-410) (from Ch. 111 1/2, par. 4153-410) |
5 | | Sec. 3-410. A resident subject to involuntary transfer or |
6 | | discharge from a facility, the resident's guardian or if the |
7 | | resident is a minor, his parent shall have the opportunity to |
8 | | file a request for a hearing with the Department within 10 days |
9 | | following receipt of the written notice of the involuntary |
10 | | transfer or discharge by the facility. A long term care |
11 | | ombudsman may request a hearing on behalf of the resident, and |
12 | | secure representation for the resident, if, in the judgment of |
13 | | the long term care ombudsman, doing so is in the best interests |
14 | | of the resident, and the resident does not object. |
15 | | (Source: P.A. 81-223.) |
16 | | (210 ILCS 45/3-411) (from Ch. 111 1/2, par. 4153-411) |
17 | | Sec. 3-411. The Department of Public Health, when the |
18 | | basis for involuntary transfer or discharge is other than |
19 | | action by the Department of Healthcare and Family Services |
20 | | (formerly Department of Public Aid) with respect to the Title |
21 | | XIX Medicaid recipient, shall hold a hearing at the resident's |
22 | | facility not later than 10 days after a hearing request is |
23 | | filed, and render a decision within 14 days after the filing of |
24 | | the hearing request. The Department has continuing |
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1 | | jurisdiction over the transfer or discharge irrespective of |
2 | | the timing of the hearing and decision. Once a request for a |
3 | | hearing is filed, the Department shall hold a hearing unless |
4 | | the request is withdrawn by the resident. If the request for a |
5 | | hearing is withdrawn based upon a representation made by the |
6 | | facility to the resident and the Department, including the |
7 | | hearing officer, that a resident who has been denied |
8 | | readmission will be readmitted, and the resident or resident |
9 | | representative notifies the Department that the facility is |
10 | | still denying readmission, failure to readmit is considered |
11 | | failure to comply with a Department order to readmit pursuant |
12 | | to Section 3-305.6, including the imposition of a fine under |
13 | | Section 3-305.6. |
14 | | (Source: P.A. 95-331, eff. 8-21-07.) |
15 | | (210 ILCS 45/3-413) (from Ch. 111 1/2, par. 4153-413) |
16 | | Sec. 3-413. If the Department determines that a transfer |
17 | | or discharge is authorized under Section 3-401, the resident |
18 | | shall not be required to leave the facility before the 34th day |
19 | | following receipt of the notice required under Section 3-402, |
20 | | or the 10th day following receipt of the Department's |
21 | | decision, whichever is later, unless a condition which would |
22 | | have allowed transfer or discharge in less than 30 21 days as |
23 | | described under paragraphs (a) and (b) of Section 3-402 |
24 | | develops in the interim. The Department maintains jurisdiction |
25 | | over the transfer or discharge irrespective of the timing of |
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1 | | the notice and discharge. |
2 | | (Source: P.A. 81-223.) |
3 | | (210 ILCS 45/3-413.1 new) |
4 | | Sec. 3-413.1. Denial of transfer or discharge. If the |
5 | | Department determines that a transfer or discharge is not |
6 | | authorized under Section 3-401, then the Department shall |
7 | | issue a written decision stating that the transfer or |
8 | | discharge is denied. If the action of the facility giving rise |
9 | | to the request for hearings is the facility's failure to |
10 | | readmit the resident following hospitalization, other medical |
11 | | leave of absence, or other absence, then the Department shall |
12 | | order the immediate readmission of the resident to the |
13 | | facility. The facility shall comply with the order |
14 | | immediately. A surveyor shall make an on-site inspection of |
15 | | the facility's compliance with the order unless the resident |
16 | | or resident representative notifies the Department in writing |
17 | | that there is compliance with the order. ". |