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Aging Committee
Filed: 2/22/2008
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09500HB4264ham001 |
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LRB095 15201 DRJ 46571 a |
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| AMENDMENT TO HOUSE BILL 4264
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| AMENDMENT NO. ______. Amend House Bill 4264 on page 1, line |
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| 5, by replacing "30 and 45" with "30, 45, and 110"; and
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| on page 4, between lines 5 and 6, by inserting the following: |
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" (d) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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09500HB4264ham001 |
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LRB095 15201 DRJ 46571 a |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. "; and
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| on page 5, between lines 8 and 9, by inserting the following: |
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| " Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under |
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| the jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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09500HB4264ham001 |
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LRB095 15201 DRJ 46571 a |
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|
1 |
| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
4 |
| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. "; and
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| on page 5, after line 9, by inserting the following:
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| "(210 ILCS 9/110)
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| Sec. 110. Powers and duties of the Department.
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| (a) The Department shall conduct an annual unannounced |
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| on-site visit at
each
assisted living and shared
housing |
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| establishment to determine compliance with applicable |
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| licensure
requirements and
standards , except for those |
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| establishments granted a 2-year license as provided in Section |
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| 45. For those establishments granted a 2-year license, the |
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| Department shall conduct an unannounced on-site visit every 2 |
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| years . Additional visits may be conducted without prior notice |
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| to the
assisted living
or shared housing
establishment.
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| (b) Upon receipt of information that may indicate the |
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09500HB4264ham001 |
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LRB095 15201 DRJ 46571 a |
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| failure of the
assisted living or shared housing
establishment |
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| or a service provider to comply with a provision of this Act,
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| the Department shall
investigate the matter or make appropriate |
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| referrals to other government
agencies and entities having
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| jurisdiction over the subject matter of the possible violation. |
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| The Department
may also make
referrals to any public or private |
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| agency that the Department considers
available for appropriate
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| assistance to those involved. The Department may oversee and |
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| coordinate the
enforcement of State
consumer protection |
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| policies affecting residents residing in an establishment
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| licensed under this Act.
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| (c) The Department shall establish by rule complaint |
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| receipt,
investigation,
resolution, and involuntary
residency |
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| termination procedures. Resolution procedures shall provide |
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| for
on-site review and
evaluation of an assisted living or |
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| shared housing establishment found to be
in violation of this |
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| Act
within a specified period of time based on the gravity and |
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| severity of the
violation and any pervasive
pattern of |
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| occurrences of the same or similar violations.
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| (d) The Governor shall establish an Assisted Living and |
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| Shared Housing Standards and Quality of Life
Advisory Board.
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| (e) The Department shall by rule establish penalties and |
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| sanctions, which
shall include, but need not be limited to,
the |
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| creation of a schedule of graduated penalties and sanctions to |
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| include
closure.
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| (f) The Department shall by rule establish procedures for |
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09500HB4264ham001 |
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LRB095 15201 DRJ 46571 a |
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| disclosure of
information to the public, which
shall include, |
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| but not be limited to, ownership, licensure status, frequency |
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| of
complaints, disposition of
substantiated complaints, and |
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| disciplinary actions.
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| (g) (Blank).
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| (h) Beginning January 1, 2000, the Department shall begin |
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| drafting rules
necessary for the administration
of this Act.
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| (i) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
12 |
| of this amendatory Act of the 95th General Assembly. If, |
13 |
| however, the Governor believes that rules are necessary to |
14 |
| implement or enforce the provisions of this amendatory Act of |
15 |
| the 95th General Assembly, the Governor may suggest rules to |
16 |
| the General Assembly by filing them with the Clerk of the House |
17 |
| and Secretary of the Senate and by requesting that the General |
18 |
| Assembly authorize such rulemaking by law, enact those |
19 |
| suggested rules into law, or take any other appropriate action |
20 |
| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
22 |
| interpreted to grant rulemaking authority under any other |
23 |
| Illinois statute where such authority is not otherwise |
24 |
| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |