HB1775 95TH GENERAL ASSEMBLY

LRB095 07137 DRJ 27264 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1775

Introduced 2/23/2007, by Rep. John E. Bradley

SYNOPSIS AS INTRODUCED:

210 ILCS 9/22 new
210 ILCS 9/125

Amends the Assisted Living and Shared Housing Act. Provides that before commencing construction of a new establishment or specified types of alterations or additions to an existing assisted living or shared housing establishment involving major construction, as defined by rule by the Department of Public Health, architectural drawings and specifications for the facility shall be submitted to the Department for review and approval. Requires final approval of the drawings and specifications for compliance with design and construction standards before the alteration, addition, or new construction is begun. Provides for submission of additional information and for reconsideration of a disapproval by the Department. Provides for fees in connection with the Department's review of drawings and specifications, and requires the deposit of fees into the Health Facility Plan Review Fund. Provides for appointment of Assisted Living and Shared Housing Standards and Quality of Life Advisory Board members by the Director of Public Health instead of the Governor. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Assisted Living and Shared Housing Act is amended by changing Section 125 and by adding Section 22 as follows:

(210 ILCS 9/22 new)

Sec. 22. Review of establishment plan involving major construction; fees.

(a) Before commencing construction of a new establishment or specified types of alterations or additions to an existing assisted living or shared housing establishment involving major construction, as defined by rule by the Department, architectural drawings and specifications for the facility shall be submitted to the Department for review and approval. An establishment may submit architectural drawings and specifications for other construction projects for Department review according to subsection (b) that shall not be subject to fees under subsection (d). Review of drawings and specifications shall be conducted by an employee of the Department meeting the qualifications established by the Department of Central Management Services class specifications for such an individual's position or by a person contracting with the Department who meets those class specifications. Final approval of the drawings and specifications for compliance with design and construction standards shall be obtained from the Department before the alteration, addition, or new construction is begun.

(b) Within 10 working days after receiving drawings and specifications and the required fee, if any, from an applicant, the Department shall inform the applicant in writing whether the applicant's submission is complete or incomplete. Failure to provide the applicant with this notice within 10 working days shall result in the submission being deemed complete for purposes of initiating the 60-day review period under this Section. If the submission is incomplete, the Department shall inform the applicant of the deficiencies with the submission in writing. If the submission is complete and the required fee, if any, has been paid, the Department shall approve or disapprove drawings and specifications submitted to the Department no later than 60 days following receipt by the Department. The drawings and specifications must be of sufficient detail, as provided by this Section and Department rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the drawings are not of sufficient detail for it to render a determination of compliance, the plans shall be determined to be incomplete and shall not be considered for purposes of initiating the 60-day review period. If a submission of drawings and specifications is incomplete, the applicant may submit additional information. The 60-day review period shall not commence until the Department determines that a submission of drawings and specifications is complete or the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications within 60 days, the construction, major alteration, or addition shall be deemed approved. If the drawings and specifications are disapproved, the Department shall state in writing, with specificity, the reasons for the disapproval. The entity submitting the drawings and specifications may submit additional information in response to the written comments from the Department or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made within 45 days after the receipt of the additional information or reconsideration request. If approval is denied, the Department shall state the specific reasons for the denial.

(c) The Department shall provide written approval for occupancy pursuant to subsection (f) and shall not issue a violation to an establishment as a result of a licensure or complaint survey based upon the establishment's physical structure if:

(1) the Department reviewed and approved or deemed approved the drawings and specifications for compliance with design and construction standards;

(2) the construction, major alteration, or addition was built as submitted;

(3) the law or rules have not been amended since the original approval; and

(4) the conditions at the establishment indicate that there is a reasonable degree of safety provided for the residents.

(d) The fees for plan review shall be set by the Department by administrative rule and shall be reasonably adequate to support the Assisted Living and Shared Housing program. The Department shall not commence a review under this Section until the applicable fee has been paid.

(e) All fees received by the Department under this Section shall be deposited into the Health Facility Plan Review Fund. All fees paid by assisted living and shared housing establishments under subsection (d) shall be used only to cover the costs relating to the Department's review of assisted living and shared housing establishment projects under this Section. Moneys shall be appropriated from the Fund to the Department only to pay the costs of conducting reviews under this Section. None of the moneys in the Health Facility Plan Review Fund shall be used to reduce the amount of General Revenue Fund moneys appropriated to the Department for establishment plan reviews conducted under this Section.

(f) The Department shall conduct an on-site inspection of a completed project no later than 30 days after notification from the applicant that the project has been completed and all certifications required by the Department have been received and accepted by the Department. The Department shall provide written approval for occupancy to the applicant within 5 working days after the Department's final inspection, provided that the applicant has demonstrated substantial compliance as defined by Department rule. Occupancy of new major construction is prohibited until Department approval is received, unless the Department has not acted within the time frames provided in this subsection (f), in which case the construction shall be deemed approved. Occupancy shall be authorized after any required health inspection by the Department has been conducted.

(g) The Department shall establish, by rule, a procedure to conduct interim on-site reviews of large or complex construction projects.

(h) The Department shall establish, by rule, an expedited process for emergency repairs or for the replacement of equipment with similar equipment.

(i) Nothing in this Section shall be construed to apply to maintenance, upkeep, or renovation that does not affect the structural integrity of a building, does not add beds or services over the number for which an assisted living or shared housing establishment is licensed, and provides a reasonable degree of safety for the residents.

(210 ILCS 9/125)

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

(a) The Director Governor shall appoint the Assisted Living and Shared Housing Standards and Quality of Life Advisory Board which shall be responsible for advising the Director in all aspects of the administration of the Act. The Board shall give advice to the Department concerning activities of the assisted living ombudsman and all other matters deemed relevant by the Director and to the Director concerning the delivery of personal care services, the unique needs and concerns of seniors residing in housing projects, and all other issues affecting the quality of life of residents.

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

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

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

(3) one representative each of the Departments of Public Health, Healthcare and Family Services Public Aid, and Human Services, the Office of the State Fire Marshal, and the Illinois Housing Development Authority, and 2 representatives of the Department on Aging, all nonvoting members;

(4) the State Ombudsman or his or her designee;

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

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

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

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

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

(10) one member who shall be a physician;

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

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

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

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

(c) Members of the Board appointed under paragraphs (5) through (14) of subsection (b) shall be appointed to serve for terms of 3 years except as otherwise provided in this Section. All members shall be appointed by January 1, 2001, except that the 2 members representing the Department on Aging appointed under paragraph (3) of subsection (b) and the members appointed under paragraphs (13) and (14) of subsection (b) shall be appointed by January 1, 2005. One third of the Board members' initial terms shall expire in one year; one third in 2 years, and one third in 3 years. Of the 3 members appointed under paragraphs (13) and (14) of subsection (b), one shall serve for an initial term of one year, one shall serve for an initial term of 2 years, and one shall serve for an initial term of 3 years. A member's term does not expire until a successor is appointed by the Director Governor. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of that term. The Board shall meet at the call of the Director. The affirmative vote of 10 members of the Board shall be necessary for Board action. Members of this Board shall receive no compensation for their services, however, resident members shall be reimbursed for their actual expenses.

(d) The Board shall be provided copies of all administrative rules and changes to administrative rules for review and comment prior to notice being given to the public. If the Board, having been asked for its review, fails to advise the Department within 90 days, the rules shall be considered acted upon.

(Source: P.A. 93-1003, eff. 8-23-04; revised 12-15-05.)

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