Full Text of SB3035 96th General Assembly
SB3035enr 96TH 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 Alzheimer's Special Care Disclosure Act is | 5 |
| amended by changing Sections 1, 5, 15, and 20 as follows:
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| (210 ILCS 4/1)
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| Sec. 1. Short title. This Act may be cited as the | 8 |
| Alzheimer's Disease and Related Dementias Special Care | 9 |
| Disclosure Act.
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| (Source: P.A. 90-341, eff. 1-1-98.)
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| (210 ILCS 4/5)
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| Sec. 5. Legislative purpose. This Body finds it to be in | 13 |
| the public
interest to promote the highest standard of medical | 14 |
| care currently available to
people suffering from Alzheimer's | 15 |
| disease and related dementias without restricting the future
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| implementation of treatment options that may become available | 17 |
| through
ongoing research. It is further in the public interest | 18 |
| to protect consumers
from
false claims of specialized care of | 19 |
| Alzheimer's disease and related dementias .
Therefore, the | 20 |
| General Assembly declares it to be the purpose of this Act to
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| require health care facilities
offering specialized care in the | 22 |
| treatment of Alzheimer's disease and related dementias to fully
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| inform the public regarding the facility and program of care.
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| (Source: P.A. 90-341, eff. 1-1-98.)
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| (210 ILCS 4/15)
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| Sec. 15. Disclosure requirements. A facility that offers to | 5 |
| provide care
for persons with Alzheimer's disease and related | 6 |
| dementias through an Alzheimer's special
care unit or
center | 7 |
| shall disclose to the State agency responsible for licensing or | 8 |
| permitting
the
facility and to a potential or actual client of | 9 |
| the facility or such a client's representative the following
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| information in writing:
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| (1) the form of care or treatment that distinguishes | 12 |
| the facility as
suitable
for persons with Alzheimer's | 13 |
| disease and related dementias ;
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| (2) the philosophy of the facility concerning the care | 15 |
| or treatment of
persons with Alzheimer's disease and | 16 |
| related dementias ;
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| (3) the facility's pre-admission, admission, and | 18 |
| discharge procedures;
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| (4) the facility's assessment, care planning, and | 20 |
| implementation
guidelines in the care and treatment of | 21 |
| persons with Alzheimer's
disease and related dementias ;
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| (5) the facility's minimum and maximum staffing | 23 |
| ratios, specifying the
general licensed health care | 24 |
| provider to client ratio and the trainee
health care | 25 |
| provider to client ratio;
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| (6) the facility's physical environment;
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| (7) activities available to clients at the facility;
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| (8) the role of family members in the care of clients | 4 |
| at the facility; and
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| (9) the costs of care and treatment under the program | 6 |
| or at the center.
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| (Source: P.A. 96-770, eff. 1-1-10.)
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| (210 ILCS 4/20)
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| Sec. 20.
A facility that offers to provide care for persons | 10 |
| with
Alzheimer's disease and related dementias through an | 11 |
| Alzheimer's special care unit or
center shall,
within 180 days | 12 |
| of the effective date of this Act, provide to the State agency
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| responsible for licensing or permitting the facility the | 14 |
| disclosure document
prepared
by a facility
in accordance with | 15 |
| Section 15. The State agency shall review the
document for | 16 |
| accuracy as part of the license or permit renewal requirements
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| under the appropriate Act.
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| (Source: P.A. 90-341, eff. 1-1-98.)
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| Section 10. The Assisted Living and Shared Housing Act is | 20 |
| amended by changing Sections 35, 45, and 150 as follows:
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| (210 ILCS 9/35)
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| (Text of Section before amendment by P.A. 96-339 )
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| Sec. 35. Issuance of license.
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| (a) Upon receipt and review of an application for a license | 2 |
| and review of
the applicant establishment, the Director may | 3 |
| issue a license if he or she
finds:
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| (1) that the individual applicant, or the corporation, | 5 |
| partnership, or
other entity if the applicant is not an | 6 |
| individual, is a person responsible and
suitable to operate | 7 |
| or to direct or participate in the operation of an
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| establishment by virtue of financial capacity, appropriate | 9 |
| business or
professional experience, a record of lawful | 10 |
| compliance with lawful orders of
the Department
and lack of | 11 |
| revocation of a license issued under this Act or the | 12 |
| Nursing Home
Care Act
during the previous 5 years;
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| (2) that the establishment is under the supervision of | 14 |
| a full-time
director who is at least 21 years of age and | 15 |
| has a high school diploma or equivalent plus either: | 16 |
| (A) 2 years of management experience or 2 years of | 17 |
| experience in positions of progressive responsibility | 18 |
| in health care, housing with services, or adult day | 19 |
| care or providing similar services to the elderly; or | 20 |
| (B) 2 years of management experience or 2 years of | 21 |
| experience in positions of progressive responsibility | 22 |
| in hospitality and training in health care and housing | 23 |
| with services management as defined by rule;
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| (3) that the establishment has staff sufficient in | 25 |
| number with
qualifications, adequate skills, education, | 26 |
| and experience to meet the 24 hour
scheduled and |
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| unscheduled needs of residents and who participate in | 2 |
| ongoing
training to serve the resident population;
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| (4) that all employees who are subject to the Health | 4 |
| Care Worker Background Check Act meet the requirements of | 5 |
| that Act;
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| (5) that the applicant is in substantial compliance | 7 |
| with this Act and such
other requirements for a
license as | 8 |
| 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 | 11 |
| an accurate
disclosure document in
accordance with the | 12 |
| Alzheimer's Disease and Related Dementias Special Care | 13 |
| Disclosure Act and in
substantial compliance with Section | 14 |
| 150 of this Act.
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| In addition to any other requirements set forth in this | 16 |
| Act, as a condition of licensure under this Act, the director | 17 |
| of an establishment must participate in at least 20 hours of | 18 |
| training every 2 years to assist him or her in better meeting | 19 |
| the needs of the residents of the establishment and managing
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| the operation of the establishment.
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| Any license issued by the Director shall state the physical | 22 |
| location of the
establishment, the date the license was issued, | 23 |
| and the expiration date. All
licenses shall be valid for one | 24 |
| year, except as provided in Sections 40 and 45. Each
license | 25 |
| shall be 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. 95-79, eff. 8-13-07; 95-590, eff. 9-10-07; | 2 |
| 95-628, eff. 9-25-07; 95-876, eff. 8-21-08.)
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| (Text of Section after amendment by P.A. 96-339 )
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| Sec. 35. Issuance of license.
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| (a) Upon receipt and review of an application for a license | 6 |
| and review of
the applicant establishment, the Director may | 7 |
| issue a license if he or she
finds:
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| (1) that the individual applicant, or the corporation, | 9 |
| partnership, or
other entity if the applicant is not an | 10 |
| individual, is a person responsible and
suitable to operate | 11 |
| or to direct or participate in the operation of an
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| establishment by virtue of financial capacity, appropriate | 13 |
| business or
professional experience, a record of lawful | 14 |
| compliance with lawful orders of
the Department
and lack of | 15 |
| revocation of a license issued under this Act, the Nursing | 16 |
| Home
Care Act, or the MR/DD Community Care Act
during the | 17 |
| previous 5 years;
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| (2) that the establishment is under the supervision of | 19 |
| a full-time
director who is at least 21 years of age and | 20 |
| has a high school diploma or equivalent plus either: | 21 |
| (A) 2 years of management experience or 2 years of | 22 |
| experience in positions of progressive responsibility | 23 |
| in health care, housing with services, or adult day | 24 |
| care or providing similar services to the elderly; or | 25 |
| (B) 2 years of management experience or 2 years of |
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| experience in positions of progressive responsibility | 2 |
| in hospitality and training in health care and housing | 3 |
| with services management as defined by rule;
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| (3) that the establishment has staff sufficient in | 5 |
| number with
qualifications, adequate skills, education, | 6 |
| and experience to meet the 24 hour
scheduled and | 7 |
| unscheduled needs of residents and who participate in | 8 |
| ongoing
training to serve the resident population;
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| (4) that all employees who are subject to the Health | 10 |
| Care Worker Background Check Act meet the requirements of | 11 |
| that Act;
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| (5) that the applicant is in substantial compliance | 13 |
| with this Act and such
other requirements for a
license as | 14 |
| 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 | 17 |
| an accurate
disclosure document in
accordance with the | 18 |
| Alzheimer's Disease and Related Dementias Special Care | 19 |
| Disclosure Act and in
substantial compliance with Section | 20 |
| 150 of this Act.
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| In addition to any other requirements set forth in this | 22 |
| Act, as a condition of licensure under this Act, the director | 23 |
| of an establishment must participate in at least 20 hours of | 24 |
| training every 2 years to assist him or her in better meeting | 25 |
| the needs of the residents of the establishment and managing
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| the operation of the establishment.
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| Any license issued by the Director shall state the physical | 2 |
| location of the
establishment, the date the license was issued, | 3 |
| and the expiration date. All
licenses shall be valid for one | 4 |
| year, except as provided in Sections 40 and 45. Each
license | 5 |
| shall be 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. 95-79, eff. 8-13-07; 95-590, eff. 9-10-07; | 8 |
| 95-628, eff. 9-25-07; 95-876, eff. 8-21-08; 96-339, eff. | 9 |
| 7-1-10.)
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| (210 ILCS 9/45)
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| Sec. 45. Renewal of licenses. At least 120 days, but not | 12 |
| more than 150
days prior to license
expiration, the licensee | 13 |
| shall submit an application for renewal of the license
in such | 14 |
| form
and containing such information as the Department | 15 |
| requires. If the application
is approved, and if the licensee | 16 |
| (i) has not committed a Type 1 violation in the preceding 24 | 17 |
| months, (ii) has not committed a Type 2 violation in the | 18 |
| preceding 24 months, (iii) has not had an inspection, review, | 19 |
| or evaluation that resulted in a finding of 10 or more Type 3 | 20 |
| violations in the preceding 24 months, and (iv) has not | 21 |
| admitted or retained a resident in violation of Section 75 of | 22 |
| this Act in the preceding 24 months, the Department may renew | 23 |
| the license for an additional period of 2 years. If a licensee | 24 |
| whose license has been renewed for 2 years under this Section | 25 |
| subsequently fails to meet any of the conditions set forth in |
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| items (i), (ii), and (iii), then, in addition to any other | 2 |
| sanctions that the Department may impose under this Act, the | 3 |
| Department shall revoke the 2-year license and replace it with | 4 |
| a one-year license until the licensee again meets all of the | 5 |
| conditions set forth in items (i), (ii), and (iii). If | 6 |
| appropriate,
the renewal
application shall not be approved | 7 |
| unless the applicant has provided to the
Department an
accurate | 8 |
| disclosure document in accordance with the Alzheimer's Disease | 9 |
| and Related Dementias Special Care
Disclosure
Act. If the | 10 |
| application for renewal is not timely filed, the Department | 11 |
| shall
so inform the
licensee.
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| (Source: P.A. 95-590, eff. 9-10-07; 95-876, eff. 8-21-08.)
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| (210 ILCS 9/150)
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| Sec. 150. Alzheimer and dementia programs.
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| (a) In addition to this Section, Alzheimer and
dementia | 16 |
| programs
shall comply with all of the other
provisions of this | 17 |
| Act.
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| (b) No person shall be admitted or retained if the assisted | 19 |
| living
or shared housing
establishment cannot provide or secure | 20 |
| appropriate care, if the resident
requires a
level of service | 21 |
| or
type of service for which the establishment is not licensed | 22 |
| or which the
establishment does
not provide, or if the | 23 |
| establishment does not have the staff appropriate in
numbers | 24 |
| and with
appropriate skill to provide such services.
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| (c) No person shall be accepted for residency or remain in |
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| residence if the
person's mental or physical condition has so | 2 |
| deteriorated to render residency
in such a program to be | 3 |
| detrimental to the health, welfare or safety of the
person or | 4 |
| of other residents of the establishment. The Department by rule
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| shall identify a validated dementia-specific
standard
with
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| inter-rater reliability
that will be used to assess individual
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| residents.
The assessment must be approved by the resident's | 8 |
| physician and shall occur
prior to acceptance for residency, | 9 |
| annually, and at such time that a change in
the resident's | 10 |
| condition is identified by a family member, staff of the
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| establishment, or the resident's physician.
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| (d) No person shall be accepted for residency or remain in | 13 |
| residence if the
person is dangerous to self or others and the | 14 |
| establishment would be unable to
eliminate the danger through | 15 |
| the use of appropriate treatment modalities.
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| (e) No person shall be accepted for residency or remain in | 17 |
| residence if the
person meets the criteria provided in | 18 |
| subsections (b) through (g) of Section 75
of this Act.
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| (f) An establishment that offers to provide a special | 20 |
| program or unit for
persons with
Alzheimer's disease and | 21 |
| related disorders shall:
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| (1) disclose to the Department and to a potential or | 23 |
| actual resident of
the establishment
information as | 24 |
| specified under the Alzheimer's Disease and Related | 25 |
| Dementias Special Care Disclosure Act;
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| (2) ensure that a resident's representative is |
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| designated for the
resident;
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| (3) develop and implement policies and procedures that | 3 |
| ensure the
continued safety of all
residents in the | 4 |
| establishment including, but not limited to, those who:
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| (A) may wander; and
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| (B) may need supervision and assistance when | 7 |
| evacuating the building in
an emergency;
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| (4) provide coordination of communications with each | 9 |
| resident, resident's
representative,
relatives and other | 10 |
| persons identified in the resident's service plan;
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| (5) provide cognitive stimulation and activities to | 12 |
| maximize functioning;
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| (6) provide an appropriate number of staff for its | 14 |
| resident population, as
established by rule;
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| (7) require the director or administrator and direct | 16 |
| care staff
to complete sufficient comprehensive and | 17 |
| ongoing dementia and cognitive deficit
training,
the | 18 |
| content of which shall be established by rule; and
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| (8) develop emergency procedures and staffing patterns | 20 |
| to respond to the
needs of residents.
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| (Source: P.A. 93-141, eff. 7-10-03.)
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| Section 15. The Community Living Facilities Licensing Act | 23 |
| is amended by changing Section 9 as follows:
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| (210 ILCS 35/9) (from Ch. 111 1/2, par. 4189)
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| Sec. 9. Regular licenses.
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| (1) A regular license shall be valid for
a one-year period | 3 |
| from the date of authorization. A license is not
transferable.
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| (2) Within 120 to 150 days prior to the date of expiration | 5 |
| of the license,
the licensee shall apply to the Department for | 6 |
| renewal of the license. The
procedure for renewing a valid | 7 |
| license for a Community Living Facility shall
be the same as | 8 |
| for applying for the initial license, pursuant to subsections
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| (1) through (4) of Section 7 of this Act. If the Department has | 10 |
| determined
on the basis of available documentation that the | 11 |
| Community Living Facility
is in substantial compliance with | 12 |
| this Act and the rules promulgated under
this Act,
and has | 13 |
| provided to the Department an accurate disclosure document in
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| accordance with the Alzheimer's Disease and Related Dementias | 15 |
| Special Care Disclosure Act,
it shall renew the regular
license | 16 |
| for another one-year period.
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| (3) Whenever ownership of a facility is transferred from | 18 |
| the licensee to
any other person, agency, association, | 19 |
| corporation, partnership, or
organization,
the transferree | 20 |
| must obtain a new probationary license. The transferree
shall | 21 |
| notify the Department of the transfer and apply for a new | 22 |
| license
at least 30 days prior to final transfer. The | 23 |
| requirement for an on-site
inspection in Section 7 may be | 24 |
| waived if the Department has conducted a survey
of the | 25 |
| Community Living Facility within the past 60 days and the | 26 |
| survey
disclosed substantial compliance with this Act and rules |
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| and regulations
promulgated hereunder.
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| (Source: P.A. 90-341, eff. 1-1-98.)
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| Section 20. The Life Care Facilities Act is amended by | 4 |
| changing Section 6 as follows:
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| (210 ILCS 40/6) (from Ch. 111 1/2, par. 4160-6)
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| Sec. 6.
Upon receipt of the completed application and | 7 |
| exhibits and
payment of the fee by the applicant, and proof of | 8 |
| compliance by the applicant
with the provisions of Section 7, | 9 |
| the Director shall issue a permit to the
provider, subject to | 10 |
| the conditions imposed pursuant to Section 7,
allowing the | 11 |
| provider to enter into life care contracts with respect to
the | 12 |
| number of living units and facility described in the | 13 |
| application.
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| A permit issued pursuant to this Act shall remain in full | 15 |
| force, subject
to the provisions of this Act, and shall contain | 16 |
| in a prominent location
a statement that the issuance of such | 17 |
| permit neither constitutes approval,
recommendation or | 18 |
| endorsement by the Department or Director nor evidences
the | 19 |
| accuracy or completeness of the information furnished to the | 20 |
| Department.
A permit may be revoked by the Department if the | 21 |
| facility fails to provide to
the
Department an accurate | 22 |
| disclosure document in accordance with the
Alzheimer's Disease | 23 |
| and Related Dementias Special Care Disclosure Act.
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| All permits shall be nontransferable.
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| (Source: P.A. 90-341, eff. 1-1-98.)
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| Section 25. The Nursing Home Care Act is amended by | 3 |
| changing Section 3-115 as follows:
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| (210 ILCS 45/3-115) (from Ch. 111 1/2, par. 4153-115)
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| Sec. 3-115. License renewal application. At least 120 days | 6 |
| but not more
than 150 days prior to license
expiration, the | 7 |
| licensee shall submit an application
for renewal of the license | 8 |
| in such form and containing such information
as the Department | 9 |
| requires. If the application is approved, the license
shall be | 10 |
| renewed in accordance with Section 3-110.
The renewal | 11 |
| application for a sheltered care or long-term care facility | 12 |
| shall
not be
approved unless the applicant has provided to the | 13 |
| Department an accurate
disclosure document in accordance with | 14 |
| the Alzheimer's Disease and Related Dementias Special Care
| 15 |
| Disclosure
Act.
If application for renewal
is not timely filed, | 16 |
| the Department shall so inform the licensee.
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| (Source: P.A. 90-341, eff. 1-1-98; 91-215, eff. 7-20-99.)
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| Section 95. No acceleration or delay. Where this Act makes | 19 |
| changes in a statute that is represented in this Act by text | 20 |
| that is not yet or no longer in effect (for example, a Section | 21 |
| represented by multiple versions), the use of that text does | 22 |
| not accelerate or delay the taking effect of (i) the changes | 23 |
| made by this Act or (ii) provisions derived from any other |
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| Public Act.
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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