Full Text of HB4493 93rd General Assembly
HB4493 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4493
Introduced 02/03/04, by Joseph M. Lyons, Jack McGuire SYNOPSIS AS INTRODUCED: |
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210 ILCS 9/40 |
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210 ILCS 9/55 |
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210 ILCS 9/60 |
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210 ILCS 9/76 |
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Amends the Assisted Living and Shared Housing Act. Provides that if an applicant for a license under the Act has not been
previously licensed under the
Act or if the assisted living or shared housing establishment is not in operation at the time the application is
made, the Department
of Public Health must (instead of may) issue a probationary license. Provides that failure to receive a license under the Act within 6 months after applying for one shall result in a denial of the application. In connection with hearings held under the Act, authorizes the Director of Public Health to compel the attendance and testimony of witnesses and the production of records and to administer oaths. Provides that an establishment that provides medication administration as an optional service shall annually administer a flu shot to each resident and shall administer or arrange for the administration of a pneumonia shot to each resident who is age 65 or older. Effective immediately.
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A BILL FOR
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HB4493 |
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LRB093 19840 DRJ 45583 b |
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| AN ACT concerning health facilities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Assisted Living and Shared Housing Act is | 5 |
| amended by changing Sections 40, 55, 60, and 76 as follows:
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| (210 ILCS 9/40)
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| Sec. 40. Probationary licenses. If the applicant has not | 8 |
| been
previously licensed under this
Act or if the establishment | 9 |
| is not in operation at the time the application is
made, the | 10 |
| Department
must
may issue a probationary license. A | 11 |
| probationary license shall be valid for
120 days unless
sooner | 12 |
| suspended or revoked. Within 30 days prior to the termination | 13 |
| of a
probationary license,
the Department shall fully and | 14 |
| completely review the establishment and, if the
establishment
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| meets the applicable requirements for licensure, shall issue a | 16 |
| license. If the
Department finds
that the establishment does | 17 |
| not meet the requirements for licensure, but has
made | 18 |
| substantial
progress toward meeting those requirements, the | 19 |
| license may be renewed once for
a period not to
exceed 120 days | 20 |
| from the expiration date of the initial probationary license.
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| (Source: P.A. 91-656, eff. 1-1-01.)
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| (210 ILCS 9/55)
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| Sec. 55. Grounds for denial of a license.
An application | 24 |
| for a license may be denied for any of the following reasons:
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| (1) failure to meet any of the standards set forth in | 26 |
| this Act or by rules
adopted by the Department under this | 27 |
| Act;
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| (2) conviction of the applicant, or if the applicant is | 29 |
| a firm,
partnership,
or association, of any of
its members, | 30 |
| or if a corporation, the conviction of the corporation or | 31 |
| any of
its officers or
stockholders, or of the person |
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HB4493 |
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LRB093 19840 DRJ 45583 b |
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| designated to manage or supervise the
establishment, of a
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| felony or of 2 or more misdemeanors involving moral | 3 |
| turpitude during the
previous 5
years as shown by a | 4 |
| certified copy of the record of the court of conviction;
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| (3) personnel insufficient in number or unqualified by | 6 |
| training or
experience to properly care for
the residents;
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| (4) insufficient financial or other resources to | 8 |
| operate and conduct the
establishment in
accordance with | 9 |
| standards adopted by the Department under this Act;
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| (5) revocation of a license during the previous 5
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| years,
if such prior license
was issued to the individual | 12 |
| applicant, a controlling owner or controlling
combination | 13 |
| of
owners of the applicant; or any affiliate of the | 14 |
| individual applicant or
controlling owner of
the applicant | 15 |
| and such individual applicant, controlling owner of the | 16 |
| applicant
or affiliate of
the applicant was a controlling | 17 |
| owner of the prior license; provided, however,
that the | 18 |
| denial
of an application for a license pursuant to this | 19 |
| Section must be supported
by evidence that
the prior | 20 |
| revocation renders the applicant unqualified or incapable | 21 |
| of meeting
or
maintaining an establishment in accordance | 22 |
| with the standards and rules
adopted by the
Department | 23 |
| under this Act; or
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| (6) the establishment is not under the direct | 25 |
| supervision of a full-time
director, as defined by
rule.
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| The Department shall deny an application for a license if | 27 |
| the establishment has not been issued a license within 6 months | 28 |
| after applying for a license. In addition, the Department shall | 29 |
| determine whether the applicant has violated any provision of | 30 |
| the Nursing Home Care Act.
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| (Source: P.A. 91-656, eff. 1-1-01.)
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| (210 ILCS 9/60)
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| Sec. 60. Notice of denial; request for hearing; hearing.
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| (a) Immediately upon the denial of any application or | 35 |
| reapplication for a
license under this
Act, the Department |
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LRB093 19840 DRJ 45583 b |
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| shall notify the applicant in writing. Notice of
denial shall | 2 |
| include a
clear and concise statement of the violations of this | 3 |
| Act on which the denial
is based and
notice of the opportunity | 4 |
| for a hearing. If the applicant or licensee wishes
to contest | 5 |
| the
denial of a license, it shall provide written notice to the | 6 |
| Department of a
request for a hearing
within 10 days after | 7 |
| receipt of the notice of denial. The Department shall
commence | 8 |
| a
hearing under this Section.
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| (b) A request for a hearing by aggrieved persons shall be | 10 |
| taken to the
Department as follows:
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| (1) Upon the receipt of a request in writing for a | 12 |
| hearing, the Director
or a person
designated in writing by | 13 |
| the Director to act as a hearing officer shall conduct
a
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| hearing to review the decision.
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| (2) Before the hearing is held notice of the hearing | 16 |
| shall be sent by the
Department to the
person making the | 17 |
| request for the hearing and to the person making the | 18 |
| decision
which is being reviewed. In the notice the | 19 |
| Department shall specify the date,
time,
and place of the | 20 |
| hearing, which shall be held not less than 10 days after | 21 |
| the
notice is
mailed or delivered. The notice shall | 22 |
| designate the decision being reviewed.
The
notice may be | 23 |
| served by delivering it personally to the parties or their
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| representatives
or by mailing it by certified mail to the | 25 |
| parties' addresses.
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| (3) The Department shall commence the hearing within 30 | 27 |
| days after the
receipt of request
for hearing. The hearing | 28 |
| shall proceed as expeditiously as practicable, but in
all | 29 |
| cases
shall conclude within 90 days after commencement. | 30 |
| (b-5) The Director or his or her designee may compel, by | 31 |
| subpoena or subpoena duces tecum, the attendance and testimony | 32 |
| of witnesses and the production of books, papers, documents, | 33 |
| and records and may administer oaths to witnesses.
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| (c) The Director or hearing officer shall permit any party | 35 |
| to appear in
person and to be
represented by counsel at the | 36 |
| hearing, at which time the applicant or licensee
shall be
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| afforded an opportunity to present all relevant matter in | 2 |
| support of his or her
position. In the
event of the inability | 3 |
| of any party or the Department to procure the attendance
of | 4 |
| witnesses to
give testimony or produce books and papers, any | 5 |
| party or the Department may
take the
deposition of witnesses in | 6 |
| accordance with the provisions of the laws of this
State. All
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| testimony shall be reduced to writing, and all testimony and | 8 |
| other
evidence introduced
at the hearing shall be a part of the | 9 |
| record of the hearing.
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| (d) The Director or hearing officer shall make findings of | 11 |
| fact in the
hearing, and the Director
shall render his or her | 12 |
| decision within 30 days after the termination of the
hearing, | 13 |
| unless
additional time not to exceed 90 days is required by him | 14 |
| or her for a proper
disposition of the
matter. When the hearing | 15 |
| has been conducted by a hearing officer, the Director
shall | 16 |
| review
the record and findings of fact before rendering a | 17 |
| decision. All decisions
rendered by the
Director shall be | 18 |
| binding upon and complied with by the Department, the
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| establishment, or
the persons involved in the hearing, as | 20 |
| appropriate to each case.
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| (Source: P.A. 91-656, eff. 1-1-01.)
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| (210 ILCS 9/76)
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| Sec. 76. Vaccinations.
Pneumonia shots.
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| (a) Before a prospective resident's admission to an
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| assisted living establishment or a shared housing | 26 |
| establishment that does not provide medication administration | 27 |
| as an optional service , the
establishment shall advise the | 28 |
| prospective resident to consult a
physician to determine | 29 |
| whether the prospective resident should obtain a
vaccination | 30 |
| against pneumococcal pneumonia or influenza, or both . | 31 |
| (b) An assisted living establishment or shared housing | 32 |
| establishment that provides medication administration as an | 33 |
| optional service shall annually administer a vaccination | 34 |
| against influenza to
each
resident, in accordance with the | 35 |
| recommendations of the Advisory Committee on
Immunization |
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LRB093 19840 DRJ 45583 b |
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| Practices of the Centers for Disease Control and Prevention | 2 |
| that
are most
recent to the time of vaccination, unless the | 3 |
| vaccination is medically
contraindicated or
the resident has | 4 |
| refused the vaccine. Influenza vaccinations for all residents
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| age 65 or
over shall be completed by November 30 of each year | 6 |
| or as soon as practicable
if vaccine
supplies are not available | 7 |
| before November 1. Residents admitted after November
30,
during | 8 |
| the flu season, and until February 1 shall, as medically | 9 |
| appropriate,
receive an influenza vaccination prior to or upon | 10 |
| admission or as soon as
practicable if vaccine
supplies are not | 11 |
| available at the time of the admission, unless the vaccine is
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| medically
contraindicated or the resident has refused the | 13 |
| vaccine. In the event that the
Advisory
Committee on | 14 |
| Immunization Practices of the Centers for Disease Control and
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| Prevention
determines that dates of administration other than | 16 |
| those stated in this Section are
optimal to
protect the health | 17 |
| of residents, the Department is authorized to adopt rules
to | 18 |
| require
vaccinations at those times rather than the times | 19 |
| stated in this Section. An establishment shall document in the | 20 |
| resident's medical record that an annual
vaccination against | 21 |
| influenza
was administered, refused, or medically | 22 |
| contraindicated. | 23 |
| An assisted living establishment or shared housing | 24 |
| establishment that provides medication administration as an | 25 |
| optional service shall administer or arrange for | 26 |
| administration of a pneumococcal
vaccination to each resident | 27 |
| who is age 65 or over, in accordance with the
recommendations | 28 |
| of the Advisory Committee on Immunization Practices of the
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| Centers
for Disease Control and Prevention, who has not | 30 |
| received this immunization
prior to or
upon admission to the | 31 |
| establishment, unless the resident refuses the offer for
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| vaccination or the
vaccination is medically contraindicated. | 33 |
| An establishment shall document in each
resident's
medical | 34 |
| record that a vaccination against pneumococcal pneumonia was | 35 |
| offered
and administered, refused, or medically | 36 |
| contraindicated.
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HB4493 |
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LRB093 19840 DRJ 45583 b |
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| (Source: P.A. 92-562, eff. 6-24-02.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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