Full Text of HB1775 95th General Assembly
HB1775eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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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 35 and 125 as follows:
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| (210 ILCS 9/35)
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| Sec. 35. Issuance of license.
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| (a) Upon receipt and review of an application for a license | 9 |
| and review of
the applicant establishment, the Director may | 10 |
| issue a license if he or she
finds:
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| (1) that the individual applicant, or the corporation, | 12 |
| partnership, or
other entity if the applicant is not an | 13 |
| individual, is a person responsible and
suitable to operate | 14 |
| or to direct or participate in the operation of an
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| establishment by virtue of financial capacity, appropriate | 16 |
| business or
professional experience, a record of lawful | 17 |
| compliance with lawful orders of
the Department
and lack of | 18 |
| revocation of a license issued under this Act or the | 19 |
| Nursing Home
Care Act
during the previous 5 years;
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| (2) that the establishment is under the supervision of | 21 |
| a full-time
director who is at least 21 years of age and | 22 |
| has (i) at least 2 years of experience in providing health | 23 |
| care services to adults with disabilities or the elderly |
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| population either in an assisted living program, inpatient | 2 |
| hospital, long-term care setting, or adult day care or in a | 3 |
| health-related field approved by the Department and (ii) at | 4 |
| least 2 years of management experience
with ability, | 5 |
| training, and education
appropriate to meet the needs of | 6 |
| the residents and to manage the operations of
the | 7 |
| establishment and who participates in ongoing training for | 8 |
| these purposes ;
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| (3) that the establishment has staff sufficient in | 10 |
| number with
qualifications, adequate skills, education, | 11 |
| and experience to meet the 24 hour
scheduled and | 12 |
| unscheduled needs of residents and who participate in | 13 |
| ongoing
training to serve the resident population;
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| (4) that direct care staff meet the requirements of the | 15 |
| Health Care Worker
Background Check Act;
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| (5) that the applicant is in substantial compliance | 17 |
| with this Act and such
other requirements for a
license as | 18 |
| the Department by rule may establish under this Act;
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| (6) that the applicant pays all required fees;
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| (7) that the applicant has provided to the Department | 21 |
| an accurate
disclosure document in
accordance with the | 22 |
| Alzheimer's Special Care Disclosure Act and in
substantial | 23 |
| compliance with Section 150 of this Act.
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| In addition to any other requirements set forth in this | 25 |
| Act, as a condition of licensure under this Act, the director | 26 |
| of an establishment must participate in at least 20 hours of |
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| training every 2 years to assist him or her in better meeting | 2 |
| the needs of the residents of the establishment and manage the | 3 |
| operation of the establishment.
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| Any license issued by the Director shall state the physical | 5 |
| location of the
establishment, the date the license was issued, | 6 |
| and the expiration date. All
licenses shall be valid for one | 7 |
| year, except as provided in Section 40. Each
license shall be | 8 |
| issued only for the premises and persons named in the
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| application, and shall not be transferable or assignable.
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| (Source: P.A. 93-141, eff. 7-10-03.)
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| (210 ILCS 9/125)
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| Sec. 125. Assisted Living and Shared Housing Standards and | 13 |
| Quality of Life Advisory Board.
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| (a) The Director
Governor shall appoint the Assisted Living | 15 |
| and Shared Housing
Standards and Quality of Life Advisory Board | 16 |
| which shall be
responsible for advising the Director in all | 17 |
| aspects of the administration of
the Act. The Board shall give | 18 |
| advice to the Department concerning activities of the assisted | 19 |
| living ombudsman and all other matters deemed relevant by the | 20 |
| Director and to the Director concerning the delivery of | 21 |
| personal care services, the unique needs and concerns of | 22 |
| seniors residing in housing projects, and all other issues | 23 |
| affecting the quality of life of residents.
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| (b) The Board shall be comprised of the following persons:
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| (1) the Director who shall serve as chair, ex officio |
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| and nonvoting;
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| (2) the Director of Aging who shall serve as | 3 |
| vice-chair, ex officio
and nonvoting;
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| (3) one representative each of the Departments of
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| Public Health, Healthcare and Family Services
Public Aid , | 6 |
| and Human Services, the
Office of
the State Fire Marshal, | 7 |
| and the Illinois Housing
Development Authority, and 2 | 8 |
| representatives of the Department on Aging, all nonvoting | 9 |
| members;
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| (4) the State Ombudsman or his or her designee;
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| (5) one representative of the Association of Area | 12 |
| Agencies on Aging;
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| (6) four members selected from the recommendations by | 14 |
| provider
organizations
whose membership consist of nursing | 15 |
| care or assisted living establishments;
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| (7) one member selected from the recommendations of | 17 |
| provider organizations
whose
membership consists of home | 18 |
| health agencies;
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| (8) two residents of assisted living or shared housing | 20 |
| establishments;
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| (9) three members selected from the recommendations of | 22 |
| consumer
organizations
which engage solely in advocacy or | 23 |
| legal representation on behalf of the
senior
population;
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| (10) one member who shall be a physician;
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| (11) one member who shall be a registered professional | 26 |
| nurse selected from
the
recommendations
of professional |
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| nursing associations;
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| (12) two citizen members with expertise in the area of | 3 |
| gerontology
research or legal research regarding | 4 |
| implementation of assisted living
statutes;
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| (13) two members representing providers of community | 6 |
| care services; and | 7 |
| (14) one member representing agencies providing case | 8 |
| coordination services.
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| (c) Members of the Board appointed under paragraphs (5) | 10 |
| through (14) of subsection (b) shall be appointed to serve for
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| terms of 3 years except as otherwise provided in this Section.
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| All members shall be appointed by January 1, 2001, except that | 13 |
| the 2 members representing the Department on Aging appointed | 14 |
| under paragraph (3) of subsection (b) and the members appointed | 15 |
| under paragraphs (13) and (14) of subsection (b) shall be | 16 |
| appointed by January 1, 2005.
One third of the Board members' | 17 |
| initial terms shall expire in one year;
one third in 2
years, | 18 |
| and one third in 3 years. Of the 3 members appointed under | 19 |
| paragraphs (13) and (14) of subsection (b), one shall serve for | 20 |
| an initial term of one year, one shall serve for an initial | 21 |
| term of 2 years, and one shall serve for an initial term of 3 | 22 |
| years. A member's term does not expire until a
successor is
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| appointed by the Director
Governor . Any member appointed to | 24 |
| fill a vacancy occurring
prior to the
expiration of the term | 25 |
| for which his or her predecessor was appointed shall be
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| appointed
for the remainder of that term. The Board shall meet |
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| at the call of the
Director. The
affirmative vote of 10
members | 2 |
| of the Board shall be necessary for Board
action. Members
of | 3 |
| this Board shall receive no compensation for their services, | 4 |
| however,
resident members
shall be reimbursed for their actual | 5 |
| expenses.
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| (d) The Board shall be provided copies of all | 7 |
| administrative rules and
changes to administrative rules for | 8 |
| review and comment prior to notice being
given to the public. | 9 |
| If the Board, having been asked for its
review,
fails to advise | 10 |
| the Department within 90 days, the rules shall be considered
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| acted upon.
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| (Source: P.A. 93-1003, eff. 8-23-04; revised 12-15-05.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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