97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0656

 

Introduced 01/31/11, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 9/5

    Amends the Assisted Living and Shared Housing Act. Makes a technical change in a Section concerning legislative purpose.


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A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Assisted Living and Shared Housing Act is
5amended by changing Section 5 as follows:
 
6    (210 ILCS 9/5)
7    Sec. 5. Legislative purpose. The The purpose of this Act is
8to permit the development and availability of assisted living
9establishments and shared housing establishments based on a
10social model that promotes the dignity, individuality,
11privacy, independence, autonomy, and decision-making ability
12and the right to negotiated risk of those persons; to provide
13for the health, safety, and welfare of those residents residing
14in assisted living and shared housing establishments in this
15State; to promote continuous quality improvement in assisted
16living; and to encourage the development of innovative and
17affordable assisted living establishments and shared housing
18with service establishments for elderly persons of all income
19levels. It is the public policy of this State that assisted
20living is an important part of the continuum of long term care.
21In support of the goal of aging in place within the parameters
22established by this Act, assisted living and shared housing
23establishments shall be operated as residential environments

 

 

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1with supportive services designed to meet the individual
2resident's changing needs and preferences. The residential
3environment shall be designed to encourage family and community
4involvement. The services available to residents, either
5directly or through contracts or agreements, are intended to
6help residents remain as independent as possible. Assisted
7living, which promotes resident choice, autonomy, and decision
8making, should be based on a contract model designed to result
9in a negotiated agreement between the resident or the
10resident's representative and the provider, clearly
11identifying the services to be provided. This model assumes
12that residents are able to direct services provided for them
13and will designate a representative to direct these services if
14they themselves are unable to do so. This model supports the
15principle that there is an acceptable balance between consumer
16protection and resident willingness to accept risk and that
17most consumers are competent to make their own judgments about
18the services they are obtaining. Regulation of assisted living
19establishments and shared housing establishments must be
20sufficiently flexible to allow residents to age in place within
21the parameters of this Act. The administration of this Act and
22services provided must therefore ensure that the residents have
23the rights and responsibilities to direct the scope of services
24they receive and to make individual choices based on their
25needs and preferences. These establishments shall be operated
26in a manner that provides the least restrictive and most

 

 

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1homelike environment and that promotes independence, autonomy,
2individuality, privacy, dignity, and the right to negotiated
3risk in residential surroundings. It is not the intent of the
4State that establishments licensed under this Act be used as
5halfway houses for alcohol and substance abusers.
6(Source: P.A. 91-656, eff. 1-1-01.)