Full Text of SB1968 97th General Assembly
SB1968ham002 97TH GENERAL ASSEMBLY | Rep. Eddie Lee Jackson, Sr. Filed: 5/27/2011
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| 1 | | AMENDMENT TO SENATE BILL 1968
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1968 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Act on the Aging is amended by | 5 | | changing Sections 4.02c and 8.08 as follows: | 6 | | (20 ILCS 105/4.02c) | 7 | | Sec. 4.02c. Comprehensive Care in Residential Settings | 8 | | Demonstration Project.
| 9 | | (a) The Department may establish and fund a demonstration | 10 | | program of bundled services designed to support the specialized | 11 | | needs of clients who qualify for Community Care Program | 12 | | services and reside in projects designated by the Department as | 13 | | Comprehensive Care Residential Settings. Designated projects | 14 | | must hold a valid certificate license , which remains | 15 | | unsuspended, unrevoked, and unexpired, under the provisions of | 16 | | the Assisted Living and Shared Housing Act. |
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| 1 | | (b) The designated projects in the demonstration program | 2 | | must include, at a minimum: | 3 | | (1) 3 meals per day; | 4 | | (2) routine housekeeping services; | 5 | | (3) 24-hour-a-day security; | 6 | | (4) an emergency response system; | 7 | | (5) personal laundry and linen service; | 8 | | (6) assistance with activities of daily living; | 9 | | (7) medication management; and | 10 | | (8) money management. | 11 | | Optional services, such as transportation and social | 12 | | activities, may be provided. | 13 | | (c) Reimbursement for the program shall be based on the | 14 | | client's level of need and functional impairment, as determined | 15 | | by the Department. Clients must meet all eligibility | 16 | | requirements established by rule. The Department may establish | 17 | | a capitated reimbursement mechanism based on the client's level | 18 | | of need and functional impairment. Reimbursement for program | 19 | | must be made to the Department-contracted provider delivering | 20 | | the services. | 21 | | (d) The Department shall adopt rules and provide oversight | 22 | | for the project, with assistance and advice provided by the | 23 | | Community Care Program Advisory Committee. | 24 | | The project may be funded through the Department | 25 | | appropriations that may include Medicaid waiver funds.
| 26 | | (Source: P.A. 96-918, eff. 6-9-10; 96-1538, eff. 3-4-11.) |
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| 1 | | (20 ILCS 105/8.08) | 2 | | Sec. 8.08. Older direct care worker recognition. The | 3 | | Department shall present one award annually to older direct | 4 | | care workers in each of the following categories: Older | 5 | | American Act Services, Home Health Services, Community Care | 6 | | Program Services, Nursing Homes, and programs that provide | 7 | | housing with services licensed or certified by the State. The | 8 | | Department shall solicit nominations from associations | 9 | | representing providers of the named services or settings and | 10 | | trade associations representing applicable direct care | 11 | | workers. Nominations shall be presented in a format designated | 12 | | by the Department. Direct care workers honored with this award | 13 | | must be 55 years of age or older and shall be recognized for | 14 | | their dedication and commitment to improving the quality of | 15 | | aging in Illinois above and beyond the confines of their job | 16 | | description. Award recipients shall be honored in conjunction | 17 | | with the Senior Illinoisans Hall of Fame awards before their | 18 | | peers at the Governor's Conference on Aging or at a similar | 19 | | venue , shall have their pictures displayed on the Department's | 20 | | website with their permission, and shall receive a letter of | 21 | | commendation from the Governor. The Department shall include | 22 | | the recipients of these awards in all Senior Hall of Fame | 23 | | displays required by the Act on Aging. Except as otherwise | 24 | | prohibited by law, the Department may solicit private sector | 25 | | funding to underwrite the cost of all awards and recognition |
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| 1 | | materials and shall request that all associations representing | 2 | | providers of the named services or settings and trade | 3 | | associations applicable to direct care workers publicize the | 4 | | awards and the award recipients in communications with their | 5 | | members. The Department shall request nominations no later than | 6 | | July 1, 2011, and every May 1 thereafter.
| 7 | | (Source: P.A. 96-376, eff. 8-13-09; 96-918, eff. 6-9-10.)
| 8 | | Section 10. The Assisted Living and Shared Housing Act is | 9 | | amended by changing Sections 5, 10, 20, 25, 30, 32, 35, 40, 45, | 10 | | 55, 60, 65, 75, 90, 100, 110, 120, 140, 145, 150, and 155 as | 11 | | follows:
| 12 | | (210 ILCS 9/5)
| 13 | | Sec. 5. Legislative purpose. The purpose of this Act is to | 14 | | permit the
development and
availability of assisted living | 15 | | establishments and shared housing
establishments
based on a | 16 | | social
model that promotes the dignity, individuality, | 17 | | privacy, independence,
autonomy, and decision-making ability | 18 | | and the right to negotiated risk of
those persons; to provide
| 19 | | for the health, safety,
and welfare of those residents residing | 20 | | in assisted living and shared housing
establishments in
this | 21 | | State; to promote continuous quality improvement in assisted | 22 | | living; and
to encourage the
development of innovative and | 23 | | affordable assisted living establishments and
shared housing
| 24 | | with service establishments for elderly persons of all income |
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| 1 | | levels. It is
the public policy of
this State that assisted | 2 | | living is an important part of the continuum of
long term care. | 3 | | In support
of the goal of aging in place within the parameters | 4 | | established by this Act,
assisted living
and shared housing | 5 | | establishments shall be operated as
residential environments
| 6 | | with supportive services designed to meet the individual | 7 | | resident's changing
needs and
preferences. The residential | 8 | | environment shall be designed to encourage family
and community
| 9 | | involvement. The services available to residents, either | 10 | | directly or through
contracts or
agreements, are intended to | 11 | | help residents remain as independent as possible.
Assisted | 12 | | living,
which promotes resident choice, autonomy, and decision | 13 | | making, should be based
on a contract
model designed to result | 14 | | in a negotiated agreement between the resident or
the | 15 | | resident's
representative and the provider, clearly | 16 | | identifying the services to be
provided. This model
assumes | 17 | | that residents are able to direct services provided for them | 18 | | and will
designate a
representative to direct
these services if | 19 | | they themselves are unable to do so. This model supports
the
| 20 | | principle that there is
an acceptable balance between consumer | 21 | | protection and resident willingness
to accept risk and
that | 22 | | most consumers are competent to make their own judgments about | 23 | | the
services they are
obtaining. Regulation of assisted living | 24 | | establishments and shared housing
establishments must
be | 25 | | sufficiently flexible to allow residents to age in place within | 26 | | the
parameters of this Act.
The
administration of this Act and |
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| 1 | | services provided must therefore ensure that the
residents have | 2 | | the rights and responsibilities to direct the scope of services
| 3 | | they
receive and to make individual choices based on their | 4 | | needs and preferences.
These
establishments shall be operated | 5 | | in a manner that provides the least
restrictive and
most | 6 | | homelike environment and that promotes independence, autonomy,
| 7 | | individuality,
privacy, dignity, and the right to negotiated | 8 | | risk in residential
surroundings. It is not the intent of the | 9 | | State that certified establishments licensed
under this Act
be | 10 | | used as halfway houses for alcohol and substance abusers.
| 11 | | (Source: P.A. 91-656, eff. 1-1-01.)
| 12 | | (210 ILCS 9/10) | 13 | | Sec. 10. Definitions. For purposes of this Act: | 14 | | "Activities of daily living" means eating, dressing, | 15 | | bathing, toileting,
transferring, or personal
hygiene. | 16 | | "Assisted living establishment" or "establishment" means a | 17 | | home, building,
residence, or any
other place where sleeping | 18 | | accommodations are provided for at least 3
unrelated adults,
at | 19 | | least 80% of whom are 55 years of age or older and where the | 20 | | following are
provided
consistent with the purposes of this | 21 | | Act: | 22 | | (1) services consistent with a social model that is | 23 | | based on the premise
that the
resident's unit in assisted | 24 | | living and shared housing is his or her own home; | 25 | | (2) community-based residential care for persons who |
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| 1 | | need assistance with
activities of
daily living, including | 2 | | personal, supportive, and intermittent
health-related | 3 | | services available 24 hours per day, if needed, to meet the
| 4 | | scheduled
and
unscheduled needs of a resident; | 5 | | (3) mandatory services, whether provided directly by | 6 | | the establishment or
by another
entity arranged for by the | 7 | | establishment, with the consent of the resident or
| 8 | | resident's
representative; and | 9 | | (4) a physical environment that is a homelike
setting | 10 | | that
includes the following and such other elements as | 11 | | established by the Department:
individual living units | 12 | | each of which shall accommodate small kitchen
appliances
| 13 | | and contain private bathing, washing, and toilet | 14 | | facilities, or private washing
and
toilet facilities with a | 15 | | common bathing room readily accessible to each
resident.
| 16 | | Units shall be maintained for single occupancy except in | 17 | | cases in which 2
residents
choose to share a unit. | 18 | | Sufficient common space shall exist to permit
individual | 19 | | and
group activities. | 20 | | "Assisted living establishment" or "establishment" does | 21 | | not mean any of the
following: | 22 | | (1) A home, institution, or similar place operated by | 23 | | the federal
government or the
State of Illinois. | 24 | | (2) A long term care facility licensed under the | 25 | | Nursing Home Care Act or a facility licensed under the | 26 | | MR/DD Community Care Act.
However, a
facility licensed |
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| 1 | | under either of those Acts may convert distinct parts of | 2 | | the facility to assisted
living. If
the facility elects to | 3 | | do so, the facility shall retain the
Certificate of
Need | 4 | | for its nursing and sheltered care beds that were | 5 | | converted. | 6 | | (3) A hospital, sanitarium, or other institution, the | 7 | | principal activity
or business of
which is the diagnosis, | 8 | | care, and treatment of human illness and that is
required | 9 | | to
be licensed under the Hospital Licensing Act. | 10 | | (4) A facility for child care as defined in the Child | 11 | | Care Act of 1969. | 12 | | (5) A community living facility as defined in the | 13 | | Community Living
Facilities
Licensing Act. | 14 | | (6) A nursing home or sanitarium operated solely by and | 15 | | for persons who
rely
exclusively upon treatment by | 16 | | spiritual means through prayer in accordance with
the creed | 17 | | or tenants of a well-recognized church or religious | 18 | | denomination. | 19 | | (7) A facility licensed by the Department of Human | 20 | | Services as a
community-integrated living arrangement as | 21 | | defined in the Community-Integrated
Living
Arrangements | 22 | | Licensure and Certification Act. | 23 | | (8) A supportive residence licensed under the | 24 | | Supportive Residences
Licensing Act. | 25 | | (9) The portion of a life care facility as defined in | 26 | | the Life Care Facilities Act not licensed as an assisted |
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| 1 | | living establishment under this Act; a
life care facility | 2 | | may
apply under this Act to convert sections of the | 3 | | community to assisted living. | 4 | | (10) A free-standing hospice facility licensed under | 5 | | the Hospice Program
Licensing Act. | 6 | | (11) A shared housing establishment. | 7 | | (12) A supportive living facility as described in | 8 | | Section 5-5.01a of the
Illinois Public Aid
Code. | 9 | | "Department" means the Department of Public Health. | 10 | | "Director" means the Director of Public Health. | 11 | | "Emergency situation" means imminent danger of death or | 12 | | serious physical
harm to a
resident of an establishment. | 13 | | " Certificate License " means any of the following types of | 14 | | certificates licenses issued to an applicant
or licensee by the
| 15 | | Department: | 16 | | (1) "Probationary certificate license " means a | 17 | | certificate license issued to an applicant or the holder of | 18 | | a certificate
licensee
that has not
held a certificate or | 19 | | license under this Act prior to its application or pursuant | 20 | | to a license
transfer in accordance with Section 50 of this | 21 | | Act. | 22 | | (2) "Regular certification license " means a | 23 | | certificate license issued by the Department to an
| 24 | | applicant or the holder of a certificate
licensee that is | 25 | | in
substantial compliance with this Act and any rules | 26 | | promulgated
under this Act. |
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| 1 | | " Holder of a certificate Licensee " means a person, agency, | 2 | | association, corporation, partnership, or
organization that
| 3 | | has been issued a certificate license to operate an assisted | 4 | | living or shared housing
establishment. | 5 | | "Licensed health care professional" means a registered | 6 | | professional nurse,
an advanced practice nurse, a physician | 7 | | assistant, and a licensed practical
nurse. | 8 | | "Mandatory services" include the following: | 9 | | (1) 3 meals per day available to the residents prepared | 10 | | by the
establishment or an
outside contractor; | 11 | | (2) housekeeping services including, but not limited | 12 | | to, vacuuming,
dusting, and
cleaning the resident's unit; | 13 | | (3) personal laundry and linen services available to | 14 | | the residents
provided
or arranged
for by the | 15 | | establishment; | 16 | | (4) security provided 24 hours each day including, but | 17 | | not limited to,
locked entrances
or building or contract | 18 | | security personnel; | 19 | | (5) an emergency communication response system, which | 20 | | is a procedure in
place 24
hours each day by which a | 21 | | resident can notify building management, an emergency
| 22 | | response vendor, or others able to respond to his or her | 23 | | need for assistance;
and | 24 | | (6) assistance with activities of daily living as | 25 | | required by each
resident. | 26 | | "Negotiated risk" is the process by which a resident, or |
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| 1 | | his or her
representative,
may formally
negotiate with | 2 | | providers what risks each are willing and unwilling to assume | 3 | | in
service provision
and the resident's living environment. The | 4 | | provider assures that the resident
and the
resident's | 5 | | representative, if any, are informed of the risks of these | 6 | | decisions
and of
the potential
consequences of assuming these | 7 | | risks. | 8 | | "Owner" means the individual, partnership, corporation, | 9 | | association, or other
person who owns
an assisted living or | 10 | | shared housing establishment. In the event an assisted
living | 11 | | or shared
housing establishment is operated by a person who | 12 | | leases or manages the
physical plant, which is
owned by another | 13 | | person, "owner" means the person who operates the assisted
| 14 | | living or shared
housing establishment, except that if the | 15 | | person who owns the physical plant is
an affiliate of the
| 16 | | person who operates the assisted living or shared housing | 17 | | establishment and has
significant
control over the day to day | 18 | | operations of the assisted living or shared housing
| 19 | | establishment, the
person who owns the physical plant shall | 20 | | incur jointly and severally with the
owner all liabilities
| 21 | | imposed on an owner under this Act. | 22 | | "Physician" means a person licensed
under the Medical | 23 | | Practice Act of 1987
to practice medicine in all of its
| 24 | | branches. | 25 | | "Resident" means a person residing in an assisted living or | 26 | | shared housing
establishment. |
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| 1 | | "Resident's representative" means a person, other than the | 2 | | owner, agent, or
employee of an
establishment or of the health | 3 | | care provider unless related to the resident,
designated in | 4 | | writing by a
resident to be his or her
representative. This | 5 | | designation may be accomplished through the Illinois
Power of | 6 | | Attorney Act, pursuant to the guardianship process under the | 7 | | Probate
Act of 1975, or pursuant to an executed designation of | 8 | | representative form
specified by the Department. | 9 | | "Self" means the individual or the individual's designated | 10 | | representative. | 11 | | "Shared housing establishment" or "establishment" means a | 12 | | publicly or
privately operated free-standing
residence for 16 | 13 | | or fewer persons, at least 80% of whom are 55
years of age or | 14 | | older
and who are unrelated to the owners and one manager of | 15 | | the residence, where
the following are provided: | 16 | | (1) services consistent with a social model that is | 17 | | based on the premise
that the resident's unit is his or her | 18 | | own home; | 19 | | (2) community-based residential care for persons who | 20 | | need assistance with
activities of daily living, including | 21 | | housing and personal, supportive, and
intermittent | 22 | | health-related services available 24 hours per day, if | 23 | | needed, to
meet the scheduled and unscheduled needs of a | 24 | | resident; and | 25 | | (3) mandatory services, whether provided directly by | 26 | | the establishment or
by another entity arranged for by the |
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| 1 | | establishment, with the consent of the
resident or the | 2 | | resident's representative. | 3 | | "Shared housing establishment" or "establishment" does not | 4 | | mean any of the
following: | 5 | | (1) A home, institution, or similar place operated by | 6 | | the federal
government or the State of Illinois. | 7 | | (2) A long term care facility licensed under the | 8 | | Nursing Home Care Act or a facility licensed under the | 9 | | MR/DD Community Care Act.
A facility licensed under either | 10 | | of those Acts may, however, convert sections of the | 11 | | facility to
assisted living. If the facility elects to do | 12 | | so, the facility
shall retain the Certificate of Need for | 13 | | its nursing beds that were
converted. | 14 | | (3) A hospital, sanitarium, or other institution, the | 15 | | principal activity
or business of which is the diagnosis, | 16 | | care, and treatment of human illness and
that is required | 17 | | to be licensed under the Hospital Licensing Act. | 18 | | (4) A facility for child care as defined in the Child | 19 | | Care Act of 1969. | 20 | | (5) A community living facility as defined in the | 21 | | Community Living
Facilities Licensing Act. | 22 | | (6) A nursing home or sanitarium operated solely by and | 23 | | for persons who
rely exclusively upon treatment by | 24 | | spiritual means through prayer in accordance
with the creed | 25 | | or tenants of a well-recognized church or religious
| 26 | | denomination. |
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| 1 | | (7) A facility licensed by the Department of Human | 2 | | Services as a
community-integrated
living arrangement as | 3 | | defined in the Community-Integrated
Living Arrangements | 4 | | Licensure and Certification Act. | 5 | | (8) A supportive residence licensed under the | 6 | | Supportive Residences
Licensing Act. | 7 | | (9) A life care facility as defined in the Life Care | 8 | | Facilities Act; a
life care facility may apply under this | 9 | | Act to convert sections of the
community to assisted | 10 | | living. | 11 | | (10) A free-standing hospice facility licensed under | 12 | | the Hospice Program
Licensing Act. | 13 | | (11) An assisted living establishment. | 14 | | (12) A supportive living facility as described in | 15 | | Section 5-5.01a of the
Illinois Public Aid Code. | 16 | | "Total assistance" means that staff or another individual | 17 | | performs the entire
activity of daily
living without | 18 | | participation by the resident. | 19 | | (Source: P.A. 95-216, eff. 8-16-07; 96-339, eff. 7-1-10; | 20 | | 96-975, eff. 7-2-10.)
| 21 | | (210 ILCS 9/20)
| 22 | | Sec. 20. Construction and operating standards. The | 23 | | Department shall prescribe
minimum standards for
| 24 | | establishments. These standards shall include:
| 25 | | (1) the location and construction of the |
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| 1 | | establishment, including
plumbing,
heating, lighting,
| 2 | | ventilation, and other physical conditions which shall | 3 | | ensure the health,
safety, and comfort
of residents and | 4 | | their protection from fire hazards; these standards shall
| 5 | | include, at a minimum, compliance with the residential | 6 | | board and care
occupancies chapter of the National Fire | 7 | | Protection Association's Life Safety
Code, local and State | 8 | | building codes for the building
type, and accessibility | 9 | | standards of the Americans with Disabilities Act;
| 10 | | (2) the number and qualifications of all personnel | 11 | | having responsibility
for
any part of the services provided | 12 | | for
residents;
| 13 | | (3) all sanitary conditions within the establishment | 14 | | and its surroundings,
including water supply,
sewage | 15 | | disposal, food handling, infection control, and general | 16 | | hygiene, which
shall ensure the
health and
comfort of | 17 | | residents;
| 18 | | (4) a program for adequate maintenance of physical | 19 | | plant and equipment;
| 20 | | (5) adequate accommodations, staff, and services for | 21 | | the number and types
of residents for whom
the | 22 | | establishment is certified licensed ;
| 23 | | (6) the development of evacuation and other | 24 | | appropriate safety plans for
use
during weather, health,
| 25 | | fire, physical plant, environmental, and national defense | 26 | | emergencies; and
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| 1 | | (7) the maintenance of minimum financial and other | 2 | | resources necessary to
meet
the standards
established | 3 | | under this Section and to operate the
establishment in | 4 | | accordance with this Act.
| 5 | | (Source: P.A. 96-975, eff. 7-2-10.)
| 6 | | (210 ILCS 9/25)
| 7 | | Sec. 25. Certification License requirement. No person may | 8 | | establish, operate, maintain, or
offer an establishment as an | 9 | | assisted living establishment or shared housing
establishment | 10 | | as defined by the Act within this State unless and until he or
| 11 | | she obtains a valid certificate license , which remains | 12 | | unsuspended, unrevoked, and
unexpired. No public official, | 13 | | agent, or employee may place any person in, or
recommend that | 14 | | any person be placed in, or directly or indirectly cause any
| 15 | | person to be placed in any establishment that meets the | 16 | | definition under this
Act that is being operated without a | 17 | | valid certificate license . No public official, agent,
or | 18 | | employee may place the name of an uncertified unlicensed | 19 | | establishment that is required
to be certified licensed under | 20 | | this Act on a list of programs. An entity that operates
as an | 21 | | assisted living or shared housing establishment as defined by | 22 | | this Act
without being certified a license shall be subject to | 23 | | the provisions, including penalties, of
the Nursing Home Care | 24 | | Act. No entity shall use in its
name or advertise
"assisted | 25 | | living" unless certified licensed as an assisted living |
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| 1 | | establishment under
this Act or as a shelter care facility | 2 | | under the Nursing Home Care Act that
also meets the definition | 3 | | of an assisted living establishment under this Act,
except a | 4 | | shared housing establishment certified licensed under this Act | 5 | | may advertise
assisted living services. A valid license issued | 6 | | pursuant to this Act prior to the effective date of this | 7 | | amendatory Act of the 97th General Assembly shall be deemed a | 8 | | valid certificate pursuant to this Act subject to all renewal, | 9 | | suspension, revocation, and disciplinary provisions of this | 10 | | Act until such time as the Department shall establish means for | 11 | | certification under this Act.
| 12 | | (Source: P.A. 93-141, eff. 7-10-03.)
| 13 | | (210 ILCS 9/30)
| 14 | | Sec. 30. Certification Licensing .
| 15 | | (a) The Department shall
establish
by rule forms,
| 16 | | procedures, and fees for the annual certification licensing of | 17 | | assisted living and shared
housing
establishments; shall | 18 | | establish and enforce sanctions and penalties for
operating in | 19 | | violation
of this Act, as provided in Section 135 of this Act | 20 | | and rules
adopted under
Section 110 of this Act. The Department | 21 | | shall conduct an annual on-site
review
for
each
establishment | 22 | | covered by this Act, which shall include, but not be limited | 23 | | to,
compliance with
this Act and rules adopted hereunder, focus | 24 | | on solving resident issues
and concerns,
and the quality | 25 | | improvement process implemented by the establishment to |
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| 1 | | address
resident
issues. The quality improvement process | 2 | | implemented by the establishment must
benchmark performance, | 3 | | be customer centered, be data driven, and focus on
resident
| 4 | | satisfaction.
| 5 | | (b) An establishment shall provide the following | 6 | | information to the
Department
to be considered for | 7 | | certification licensure :
| 8 | | (1) the business name, street address, mailing | 9 | | address, and telephone
number of the
establishment;
| 10 | | (2) the name and mailing address of the owner or owners | 11 | | of the
establishment and if the
owner or owners are not | 12 | | natural persons, identification of the type of
business | 13 | | entity
of the owners, and the names and addresses of the | 14 | | officers and members of the
governing body, or comparable | 15 | | persons for partnerships, limited liability
companies, or | 16 | | other types of business organizations;
| 17 | | (3) financial information, content and form to be | 18 | | determined by rules
which may provide different standards | 19 | | for assisted living establishments and
shared housing | 20 | | establishments,
establishing that the project is | 21 | | financially feasible;
| 22 | | (4) the name and mailing address of the managing agent | 23 | | of the
establishment, whether
hired under a management | 24 | | agreement or lease agreement, if different from the
owner | 25 | | or owners, and the name of the full-time director;
| 26 | | (5) verification that the establishment has entered or |
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| 1 | | will enter into a
service delivery
contract as provided in | 2 | | Section 90, as required under this Act, with each
resident | 3 | | or
resident's representative;
| 4 | | (6) the name and address of at least one natural person | 5 | | who shall be
responsible for
dealing with the Department on | 6 | | all matters provided for in this Act, on whom
personal | 7 | | service of all notices and orders shall be made, and who | 8 | | shall be
authorized
to accept service on behalf of the | 9 | | owner or owners and the managing agent.
Notwithstanding a | 10 | | contrary provision of the Code of Civil Procedure, personal
| 11 | | service on the person identified pursuant to this | 12 | | subsection shall be
considered
service on the owner or | 13 | | owners and the managing agent, and it shall not be a
| 14 | | defense to any action that personal service was not made on | 15 | | each individual or
entity;
| 16 | | (7) the signature of the authorized representative of | 17 | | the owner or
owners;
| 18 | | (8) proof of an ongoing quality improvement program in | 19 | | accordance with
rules adopted
by the Department;
| 20 | | (9) information about the number and types of units, | 21 | | the maximum census,
and the
services to be provided at the | 22 | | establishment, proof of compliance with
applicable
State | 23 | | and local residential standards, and a copy of the standard | 24 | | contract
offered to
residents;
| 25 | | (10) documentation of adequate liability insurance; | 26 | | and
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| 1 | | (11) other information necessary to determine the | 2 | | identity and
qualifications of an
applicant or the holder | 3 | | of a certificate licensee to operate an
establishment in
| 4 | | accordance with this Act as required by the Department by | 5 | | rule.
| 6 | | (c) The information in the statement of ownership shall be | 7 | | public
information and shall be
available from the Department.
| 8 | | (Source: P.A. 96-975, eff. 7-2-10.)
| 9 | | (210 ILCS 9/32)
| 10 | | Sec. 32. Floating certification license . An establishment | 11 | | (i) in which 80% of the
residents are at least 55 years of age | 12 | | or older, (ii) that is operated as
housing for the elderly, and | 13 | | (iii) that meets the construction and operating
standards | 14 | | contained in Section 20 of this Act may request a floating | 15 | | assisted living certificate license
for any number of | 16 | | individual living units within the establishment up to, but
not | 17 | | including, total capacity. An establishment requesting a | 18 | | floating assisted living certificate license
must specify the | 19 | | number of individual living units within the establishment to
| 20 | | be certified licensed . Living units designated by the | 21 | | establishment as a certified assisted licensed living
unit | 22 | | shall, for the purposes of this Section, be referred to as a | 23 | | certified assisted licensed
living unit. An establishment | 24 | | utilizing a floating assisted living certificate license must | 25 | | have staff
adequate to meet the scheduled and unscheduled needs |
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| 1 | | of the residents residing
in certified assisted licensed living | 2 | | units within the establishment. All staff providing
services to | 3 | | certified assisted licensed living units must meet the | 4 | | requirements of this Act and
its rules. A living unit may only | 5 | | be designated as a certified assisted living licensed unit if | 6 | | the
living unit and the living unit's resident meet the | 7 | | requirements of this Act
and its rules. All mandatory services | 8 | | must be made available to residents of certified assisted
| 9 | | licensed living units, and residents of certified assisted | 10 | | licensed living units may receive any
optional services | 11 | | permitted under the establishment's assisted living | 12 | | certificate license . Establishments
may only provide services | 13 | | under this
Act in the individual living units designated as | 14 | | certified assisted living licensed units.
Designation as a | 15 | | certified assisted living licensed unit may be temporary to | 16 | | accommodate a resident's
changing needs without requiring the | 17 | | resident to move.
| 18 | | An establishment with a floating assisted living | 19 | | certification license must keep a current written list of
those | 20 | | units designated under the floating assisted living | 21 | | certificate license . If a resident elects to
receive services | 22 | | in a unit that is not certified licensed and the unit qualifies | 23 | | for assisted living certification
licensure , the establishment | 24 | | must notify the resident that the unit must be certified as an | 25 | | assisting living unit
licensed and the requirements of this Act | 26 | | must be met before services can be
provided to residents in |
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| 1 | | that unit. Upon the initiation of an initial assisted living | 2 | | certification
licensing inspection, annual inspection, or | 3 | | complaint investigation, the
establishment shall provide to | 4 | | the Department a list of the units designated
under the | 5 | | floating assisted living certification license in which | 6 | | residents are receiving services subject to
this Act.
| 7 | | (Source: P.A. 93-141, eff. 7-10-03.)
| 8 | | (210 ILCS 9/35)
| 9 | | Sec. 35. Issuance of certification license .
| 10 | | (a) Upon receipt and review of an application for a | 11 | | certificate license and review of
the applicant establishment, | 12 | | the Director may issue a certificate license if he or she
| 13 | | finds:
| 14 | | (1) that the individual applicant, or the corporation, | 15 | | partnership, or
other entity if the applicant is not an | 16 | | individual, is a person responsible and
suitable to operate | 17 | | or to direct or participate in the operation of an
| 18 | | establishment by virtue of financial capacity, appropriate | 19 | | business or
professional experience, a record of lawful | 20 | | compliance with lawful orders of
the Department
and lack of | 21 | | revocation of a certificate or license issued under this | 22 | | Act, the Nursing Home
Care Act, or the MR/DD Community Care | 23 | | Act
during the previous 5 years;
| 24 | | (2) that the establishment is under the supervision of | 25 | | a full-time
director who is at least 21 years of age and |
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| 1 | | has a high school diploma or equivalent plus either: | 2 | | (A) 2 years of management experience or 2 years of | 3 | | experience in positions of progressive responsibility | 4 | | in health care, housing with services, or adult day | 5 | | care or providing similar services to the elderly; or | 6 | | (B) 2 years of management experience or 2 years of | 7 | | experience in positions of progressive responsibility | 8 | | in hospitality and training in health care and housing | 9 | | with services management as defined by rule;
| 10 | | (3) that the establishment has staff sufficient in | 11 | | number with
qualifications, adequate skills, education, | 12 | | and experience to meet the 24 hour
scheduled and | 13 | | unscheduled needs of residents and who participate in | 14 | | ongoing
training to serve the resident population;
| 15 | | (4) that all employees who are subject to the Health | 16 | | Care Worker Background Check Act meet the requirements of | 17 | | that Act;
| 18 | | (5) that the applicant is in substantial compliance | 19 | | with this Act and such
other requirements for a certificate
| 20 | | license as the Department by rule may establish under this | 21 | | Act;
| 22 | | (6) that the applicant pays all required fees;
| 23 | | (7) that the applicant has provided to the Department | 24 | | an accurate
disclosure document in
accordance with the | 25 | | Alzheimer's Disease and Related Dementias Special Care | 26 | | Disclosure Act and in
substantial compliance with Section |
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| 1 | | 150 of this Act.
| 2 | | In addition to any other requirements set forth in this | 3 | | Act, as a condition of certification licensure under this Act, | 4 | | the director of an establishment must participate in at least | 5 | | 20 hours of training every 2 years to assist him or her in | 6 | | better meeting the needs of the residents of the establishment | 7 | | and managing
the operation of the establishment.
| 8 | | Any certificate license issued by the Director shall state | 9 | | the physical location of the
establishment, the date the | 10 | | certificate license was issued, and the expiration date. All | 11 | | certificates
licenses shall be valid for one year, except as | 12 | | provided in Sections 40 and 45. Each certificate
license shall | 13 | | be issued only for the premises and persons named in the
| 14 | | application, and shall not be transferable or assignable.
| 15 | | (Source: P.A. 95-79, eff. 8-13-07; 95-590, eff. 9-10-07; | 16 | | 95-628, eff. 9-25-07; 95-876, eff. 8-21-08; 96-339, eff. | 17 | | 7-1-10; 96-990, eff. 7-2-10.)
| 18 | | (210 ILCS 9/40)
| 19 | | Sec. 40. Probationary certification licenses . If the | 20 | | applicant has not been
previously certified or licensed under | 21 | | this
Act or if the establishment is not in operation at the | 22 | | time the application is
made and if the Department determines | 23 | | that the applicant meets the certification licensure | 24 | | requirements of this Act, the Department
shall
issue a | 25 | | probationary certificate license . A probationary certificate |
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| 1 | | license shall be valid for
120 days unless
sooner suspended or | 2 | | revoked. Within 30 days prior to the termination of a
| 3 | | probationary certificate license ,
the Department shall fully | 4 | | and completely review the establishment and, if the
| 5 | | establishment
meets the applicable requirements for | 6 | | certification licensure , shall issue a certificate license . If | 7 | | the
Department finds
that the establishment does not meet the | 8 | | requirements for certification licensure , but has
made | 9 | | substantial
progress toward meeting those requirements, the | 10 | | certificate license may be renewed once for
a period not to
| 11 | | exceed 120 days from the expiration date of the initial | 12 | | probationary certificate license .
| 13 | | (Source: P.A. 93-1003, eff. 8-23-04.)
| 14 | | (210 ILCS 9/45)
| 15 | | Sec. 45. Renewal of certification licenses . At least 120 | 16 | | days, but not more than 150
days prior to the license
| 17 | | expiration of a certificate , the holder of a certificate | 18 | | licensee shall submit an application for renewal of the | 19 | | certificate license
in such form
and containing such | 20 | | information as the Department requires. If the application
is | 21 | | approved, and if the holder of a certificate licensee (i) has | 22 | | not committed a Type 1 violation in the preceding 24 months, | 23 | | (ii) has not committed a Type 2 violation in the preceding 24 | 24 | | months, (iii) has not had an inspection, review, or evaluation | 25 | | that resulted in a finding of 10 or more Type 3 violations in |
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| 1 | | the preceding 24 months, and (iv) has not admitted or retained | 2 | | a resident in violation of Section 75 of this Act in the | 3 | | preceding 24 months, the Department may renew the certificate | 4 | | license for an additional period of 2 years at the request of | 5 | | the holder of a certificate licensee . If a holder of a | 6 | | certificate licensee whose certificate license has been | 7 | | renewed for 2 years under this Section subsequently fails to | 8 | | meet any of the conditions set forth in items (i), (ii), and | 9 | | (iii), then, in addition to any other sanctions that the | 10 | | Department may impose under this Act, the Department shall | 11 | | revoke the 2-year certificate license and replace it with a | 12 | | one-year certificate license until the holder of a certificate | 13 | | licensee again meets all of the conditions set forth in items | 14 | | (i), (ii), and (iii). If appropriate,
the renewal
application | 15 | | shall not be approved unless the applicant has provided to the
| 16 | | Department an
accurate disclosure document in accordance with | 17 | | the Alzheimer's Disease and Related Dementias Special Care
| 18 | | Disclosure
Act. If the application for renewal is not timely | 19 | | filed, the Department shall
so inform the holder of a | 20 | | certificate
licensee .
| 21 | | (Source: P.A. 95-590, eff. 9-10-07; 95-876, eff. 8-21-08; | 22 | | 96-990, eff. 7-2-10; 96-1275, eff. 7-26-10; revised 9-2-10.)
| 23 | | (210 ILCS 9/55)
| 24 | | Sec. 55. Grounds for denial of a certificate license .
An | 25 | | application for a certificate license may be denied for any of |
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| 1 | | the following reasons:
| 2 | | (1) failure to meet any of the standards set forth in | 3 | | this Act or by rules
adopted by the Department under this | 4 | | Act;
| 5 | | (2) conviction of the applicant, or if the applicant is | 6 | | a firm,
partnership,
or association, of any of
its members, | 7 | | or if a corporation, the conviction of the corporation or | 8 | | any of
its officers or
stockholders, or of the person | 9 | | designated to manage or supervise the
establishment, of a
| 10 | | felony or of 2 or more misdemeanors involving moral | 11 | | turpitude during the
previous 5
years as shown by a | 12 | | certified copy of the record of the court of conviction;
| 13 | | (3) personnel insufficient in number or unqualified by | 14 | | training or
experience to properly care for
the residents;
| 15 | | (4) insufficient financial or other resources to | 16 | | operate and conduct the
establishment in
accordance with | 17 | | standards adopted by the Department under this Act;
| 18 | | (5) revocation of a certificate or license during the | 19 | | previous 5
years,
if such prior certificate or license
was | 20 | | issued to the individual applicant, a controlling owner or | 21 | | controlling
combination of
owners of the applicant; or any | 22 | | affiliate of the individual applicant or
controlling owner | 23 | | of
the applicant and such individual applicant, | 24 | | controlling owner of the applicant
or affiliate of
the | 25 | | applicant was a controlling owner of the prior certificate | 26 | | or license; provided, however,
that the denial
of an |
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| 1 | | application for a certificate license pursuant to this | 2 | | Section must be supported
by evidence that
the prior | 3 | | revocation renders the applicant unqualified or incapable | 4 | | of meeting
or
maintaining an establishment in accordance | 5 | | with the standards and rules
adopted by the
Department | 6 | | under this Act; or
| 7 | | (6) the establishment is not under the direct | 8 | | supervision of a full-time
director, as defined by
rule.
| 9 | | The Department shall deny an application for a certificate | 10 | | license if 6 months after submitting its initial application | 11 | | the applicant has not provided the Department with all of the | 12 | | information required for review and approval or the applicant | 13 | | is not actively pursuing the processing of its application. In | 14 | | addition, the Department shall determine whether the applicant | 15 | | has violated any provision of the Nursing Home Care Act or the | 16 | | MR/DD Community Care Act.
| 17 | | (Source: P.A. 96-339, eff. 7-1-10 .)
| 18 | | (210 ILCS 9/60)
| 19 | | Sec. 60. Notice of denial; request for hearing; hearing.
| 20 | | (a) Immediately upon the denial of any application or | 21 | | reapplication for a certificate
license under this
Act, the | 22 | | Department shall notify the applicant in writing. Notice of
| 23 | | denial shall include a
clear and concise statement of the | 24 | | violations of this Act on which the denial
is based and
notice | 25 | | of the opportunity for a hearing. If the applicant or the |
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| 1 | | holder of a certificate licensee wishes
to contest the
denial | 2 | | of a certificate license , it shall provide written notice to | 3 | | the Department of a
request for a hearing
within 10 days after | 4 | | receipt of the notice of denial. The Department shall
commence | 5 | | a
hearing under this Section.
| 6 | | (b) A request for a hearing by aggrieved persons shall be | 7 | | taken to the
Department as follows:
| 8 | | (1) Upon the receipt of a request in writing for a | 9 | | hearing, the Director
or a person
designated in writing by | 10 | | the Director to act as a hearing officer shall conduct
a
| 11 | | hearing to review the decision.
| 12 | | (2) Before the hearing is held notice of the hearing | 13 | | shall be sent by the
Department to the
person making the | 14 | | request for the hearing and to the person making the | 15 | | decision
which is being reviewed. In the notice the | 16 | | Department shall specify the date,
time,
and place of the | 17 | | hearing, which shall be held not less than 10 days after | 18 | | the
notice is
mailed or delivered. The notice shall | 19 | | designate the decision being reviewed.
The
notice may be | 20 | | served by delivering it personally to the parties or their
| 21 | | representatives
or by mailing it by certified mail to the | 22 | | parties' addresses.
| 23 | | (3) The Department shall commence the hearing within 30 | 24 | | days after the
receipt of request
for hearing. The hearing | 25 | | shall proceed as expeditiously as practicable, but in
all | 26 | | cases
shall conclude within 90 days after commencement.
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| 1 | | (c) The Director or hearing officer shall permit any party | 2 | | to appear in
person and to be
represented by counsel at the | 3 | | hearing, at which time the applicant or the holder of a | 4 | | certificate licensee
shall be
afforded an opportunity to | 5 | | present all relevant matter in support of his or her
position. | 6 | | In the
event of the inability of any party or the Department to | 7 | | procure the attendance
of witnesses to
give testimony or | 8 | | produce books and papers, any party or the Department may
take | 9 | | the
deposition of witnesses in accordance with the provisions | 10 | | of the laws of this
State. All
testimony shall be reduced to | 11 | | writing, and all testimony and other
evidence introduced
at the | 12 | | hearing shall be a part of the record of the hearing.
| 13 | | (d) The Director or hearing officer shall make findings of | 14 | | fact in the
hearing, and the Director
shall render his or her | 15 | | decision within 30 days after the termination of the
hearing, | 16 | | unless
additional time not to exceed 90 days is required by him | 17 | | or her for a proper
disposition of the
matter. When the hearing | 18 | | has been conducted by a hearing officer, the Director
shall | 19 | | review
the record and findings of fact before rendering a | 20 | | decision. All decisions
rendered by the
Director shall be | 21 | | binding upon and complied with by the Department, the
| 22 | | establishment, or
the persons involved in the hearing, as | 23 | | appropriate to each case.
| 24 | | (Source: P.A. 91-656, eff. 1-1-01.)
| 25 | | (210 ILCS 9/65)
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| 1 | | Sec. 65. Revocation, suspension, or refusal to renew | 2 | | certificate license .
| 3 | | (a) The Department, after notice to the applicant or the | 4 | | holder of a certificate licensee , may
suspend,
revoke, or | 5 | | refuse
to renew a certificate license in any case in which the | 6 | | Department finds any of the
following:
| 7 | | (1) that there has been a substantial failure to comply | 8 | | with this Act or
the rules promulgated by the Department | 9 | | under this Act;
| 10 | | (2) that there has been a conviction of the the holder | 11 | | of a certificate licensee , or of the person
designated to | 12 | | manage
or
supervise the
establishment, of a felony or of 2 | 13 | | or more misdemeanors involving moral
turpitude
during the | 14 | | previous 5 years as shown by a certified copy of the record | 15 | | of
the court of
conviction;
| 16 | | (3) that the personnel is insufficient in number or | 17 | | unqualified by
training or
experience to properly
care for | 18 | | the number and type of residents served by the | 19 | | establishment;
| 20 | | (4) that the financial or other resources are | 21 | | insufficient to conduct and
operate
the establishment in
| 22 | | accordance with standards promulgated by the Department | 23 | | under this Act; or
| 24 | | (5) that the establishment is not under the direct | 25 | | supervision of a
full-time
director, as defined
by rule.
| 26 | | (b) Notice under this Section shall include a clear and |
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| 1 | | concise statement of
the violations on
which the nonrenewal or | 2 | | revocation is based, the statute or rule violated, and
notice | 3 | | of the
opportunity for a hearing under Section 60.
| 4 | | (c) If an establishment desires to contest the nonrenewal | 5 | | or revocation of a certificate
license , the
establishment | 6 | | shall, within 10 days after receipt of notice under subsection
| 7 | | (b) of this Section,
notify the Department in writing of its | 8 | | request for a hearing under Section
60. Upon receipt of
the | 9 | | request the Department shall send notice to the establishment | 10 | | and hold a
hearing as provided
under Section 60.
| 11 | | (d) The effective date of nonrenewal or revocation of a | 12 | | certificate license by the
Department shall be
any of the | 13 | | following:
| 14 | | (1) until otherwise ordered by the circuit court, | 15 | | revocation is effective
on
the date set by
the Department | 16 | | in the notice of revocation, or upon final action after | 17 | | hearing
under
Section 60, whichever is later;
| 18 | | (2) until otherwise ordered by the circuit court, | 19 | | nonrenewal is effective
on
the date of
expiration of any | 20 | | existing certificate or license, or upon final action after | 21 | | hearing under
Section 60,
whichever is later; however, a | 22 | | certificate or license shall not be deemed to have expired | 23 | | if
the
Department fails to timely respond to a timely | 24 | | request for renewal under this
Act or for
a hearing to | 25 | | contest nonrenewal; or
| 26 | | (3) the Department may extend the effective date of |
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| 1 | | certificate license
revocation or expiration in any
case in | 2 | | order to permit orderly removal and relocation of | 3 | | residents.
| 4 | | (e) The Department may refuse to issue or may suspend the | 5 | | certificate license of any
person who fails
to file a return, | 6 | | or to pay the tax, penalty or interest shown in a filed
return, | 7 | | or to pay any final
assessment of tax, penalty or interest, as | 8 | | required by any tax Act
administered by the Illinois
Department | 9 | | of Revenue, until such time as the requirements of any such tax | 10 | | Act
are satisfied.
| 11 | | (Source: P.A. 91-656, eff. 1-1-01.)
| 12 | | (210 ILCS 9/75)
| 13 | | Sec. 75. Residency Requirements.
| 14 | | (a) No individual shall be accepted for residency or remain | 15 | | in residence if
the
establishment cannot provide or secure | 16 | | appropriate
services, if the individual
requires a level of | 17 | | service or type of service for which the establishment is
not | 18 | | certificated licensed or
which the establishment does not | 19 | | provide, or if the establishment does not have
the staff
| 20 | | appropriate in numbers and with appropriate skill to provide | 21 | | such services.
| 22 | | (b) Only adults may be accepted for residency.
| 23 | | (c) A person shall not be accepted for residency if:
| 24 | | (1) the person poses a serious threat to himself or | 25 | | herself or to others;
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| 1 | | (2) the person is not able to communicate his or her | 2 | | needs and no
resident representative
residing in the | 3 | | establishment, and with a prior relationship to the person,
| 4 | | has been appointed to direct the provision of
services;
| 5 | | (3) the person requires total assistance with 2 or more | 6 | | activities of
daily
living;
| 7 | | (4) the person requires the assistance of more than one | 8 | | paid caregiver at
any given time
with an activity of daily | 9 | | living;
| 10 | | (5) the person requires more than minimal assistance in | 11 | | moving to a safe
area in an
emergency;
| 12 | | (6) the person has a severe mental illness, which for | 13 | | the purposes of
this Section
means a condition that is | 14 | | characterized by the presence of a major mental
disorder
as | 15 | | classified in the Diagnostic and Statistical Manual of | 16 | | Mental Disorders,
Fourth
Edition (DSM-IV) (American | 17 | | Psychiatric Association, 1994), where the individual
is | 18 | | substantially disabled due to mental illness in the areas | 19 | | of
self-maintenance,
social functioning, activities of | 20 | | community living and work skills, and the
disability
| 21 | | specified is expected to be present for a period of not | 22 | | less than one year, but
does not
mean Alzheimer's disease | 23 | | and other forms of dementia based on organic or
physical | 24 | | disorders;
| 25 | | (7) the person requires intravenous therapy or | 26 | | intravenous feedings
unless self-administered or |
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| 1 | | administered by a qualified, licensed health care
| 2 | | professional;
| 3 | | (8) the person requires gastrostomy feedings unless | 4 | | self-administered or
administered
by a licensed health | 5 | | care professional;
| 6 | | (9) the person requires insertion, sterile irrigation, | 7 | | and replacement of
catheter, except
for routine | 8 | | maintenance of urinary catheters, unless the catheter care | 9 | | is
self-administered or administered by a licensed health | 10 | | care professional;
| 11 | | (10) the person requires sterile wound care unless care | 12 | | is
self-administered or
administered by a licensed health | 13 | | care professional;
| 14 | | (11) the person requires sliding scale insulin | 15 | | administration unless
self-performed or
administered by a | 16 | | licensed health care professional;
| 17 | | (12) the person is a diabetic requiring routine insulin | 18 | | injections unless
the injections
are self-administered or | 19 | | administered by a licensed health care professional;
| 20 | | (13) the person requires treatment of stage 3 or stage | 21 | | 4 decubitus ulcers
or exfoliative
dermatitis;
| 22 | | (14) the person requires 5 or more skilled nursing | 23 | | visits per week for
conditions other
than those listed in | 24 | | items (13) and (15) of this subsection for a
period of 3
| 25 | | consecutive weeks or more except when the course of | 26 | | treatment is expected to
extend beyond a 3 week period for |
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| 1 | | rehabilitative purposes and is certified as
temporary by a | 2 | | physician; or
| 3 | | (15) other reasons prescribed by the Department by | 4 | | rule.
| 5 | | (d) A resident with a condition listed in items (1) through | 6 | | (15) of
subsection (c) shall have
his or her residency | 7 | | terminated.
| 8 | | (e) Residency shall be terminated when services available | 9 | | to the resident
in
the establishment
are no longer adequate to | 10 | | meet the needs of the resident. This provision shall
not
be | 11 | | interpreted as
limiting the authority of the Department to | 12 | | require the residency termination
of individuals.
| 13 | | (f) Subsection (d) of this Section shall not apply to
| 14 | | terminally
ill residents who
receive or would qualify for | 15 | | hospice care and such care is coordinated by
a hospice program | 16 | | licensed
under the Hospice
Program
Licensing Act or other | 17 | | licensed health care professional employed by a
licensed home | 18 | | health
agency and the establishment and all parties agree to | 19 | | the continued residency.
| 20 | | (g) Items (3), (4), (5), and (9) of subsection (c) shall | 21 | | not apply to
a quadriplegic, paraplegic, or
individual with | 22 | | neuro-muscular diseases, such as muscular dystrophy and
| 23 | | multiple
sclerosis, or other chronic diseases and conditions as | 24 | | defined by rule if the
individual is able
to communicate his or | 25 | | her needs and does not require assistance with complex
medical
| 26 | | problems, and the establishment is able to accommodate the |
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| 1 | | individual's needs.
The Department shall prescribe rules | 2 | | pursuant to this Section that address
special safety and | 3 | | service needs of these individuals.
| 4 | | (h) For the purposes of items (7) through (10) of | 5 | | subsection (c), a
licensed health care professional may not
be | 6 | | employed by the owner or operator of the establishment, its | 7 | | parent entity,
or any other entity with ownership common to | 8 | | either the owner or operator of
the establishment or parent | 9 | | entity, including but not limited to an affiliate
of the owner | 10 | | or operator of the establishment. Nothing in this Section is
| 11 | | meant to limit a resident's right to
choose his or her health | 12 | | care provider.
| 13 | | (i) Subsection (h) is not applicable to residents admitted | 14 | | to an assisted living establishment under a life care contract | 15 | | as defined in the Life Care Facilities Act if the life care | 16 | | facility has both an assisted living establishment and a | 17 | | skilled nursing facility. A licensed health care professional | 18 | | providing health-related or supportive services at a life care | 19 | | assisted living or shared housing establishment must be | 20 | | employed by an entity licensed by the Department under the | 21 | | Nursing Home Care Act or the Home Health, Home Services, and | 22 | | Home Nursing Agency Licensing Act.
| 23 | | (Source: P.A. 94-256, eff. 7-19-05; 94-570, eff. 8-12-05; | 24 | | 95-216, eff. 8-16-07; 95-331, eff. 8-21-07.)
| 25 | | (210 ILCS 9/90)
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| 1 | | Sec. 90. Contents of service delivery contract. A contract | 2 | | between an
establishment and a resident must be entitled | 3 | | "assisted living
establishment
contract" or "shared housing | 4 | | establishment contract" as applicable, shall be
printed in no | 5 | | less
than 12 point type, and shall include at least the | 6 | | following elements in the
body or through
supporting documents | 7 | | or attachments:
| 8 | | (1) the name, street address, and mailing address of | 9 | | the establishment;
| 10 | | (2) the name and mailing address of the owner or owners | 11 | | of the
establishment and, if
the owner or owners are not | 12 | | natural persons, the type of business entity of the
owner
| 13 | | or owners;
| 14 | | (3) the name and mailing address of the managing agent | 15 | | of the
establishment, whether
hired under a management | 16 | | agreement or lease agreement, if the managing agent is
| 17 | | different from the owner or owners;
| 18 | | (4) the name and address of at least one natural person | 19 | | who is authorized
to accept
service on behalf of the owners | 20 | | and managing agent;
| 21 | | (5) a statement describing the certificate license | 22 | | status of the establishment and the
license status
of all | 23 | | providers of health-related or supportive services to a | 24 | | resident under
arrangement with the establishment;
| 25 | | (6) the duration of the contract;
| 26 | | (7) the base rate to be paid by the resident and a |
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| 1 | | description of the
services to be
provided as part of this | 2 | | rate;
| 3 | | (8) a description of any additional services to be | 4 | | provided for an
additional fee by the
establishment | 5 | | directly or by a third party provider under arrangement | 6 | | with the
establishment;
| 7 | | (9) the fee schedules outlining the cost of any | 8 | | additional services;
| 9 | | (10) a description of the process through which the | 10 | | contract may be
modified, amended,
or terminated;
| 11 | | (11) a description of the establishment's complaint | 12 | | resolution process
available to
residents and notice of the | 13 | | availability of the Department on Aging's Senior
Helpline
| 14 | | for
complaints;
| 15 | | (12) the name of the resident's designated | 16 | | representative, if any;
| 17 | | (13) the resident's obligations in order to maintain | 18 | | residency and
receive
services including compliance with | 19 | | all assessments required under Section 15;
| 20 | | (14) the billing and payment procedures and | 21 | | requirements;
| 22 | | (15) a statement affirming the resident's freedom to | 23 | | receive services from
service
providers with whom the | 24 | | establishment does not have a contractual arrangement,
| 25 | | which may also disclaim liability on the part of the
| 26 | | establishment for those services;
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| 1 | | (16) a statement that medical assistance under Article | 2 | | V or Article VI of
the Illinois
Public Aid Code is not | 3 | | available for payment for services provided in an
| 4 | | establishment, excluding contracts executed with residents | 5 | | residing in certified licensed establishments | 6 | | participating in the Department on Aging's Comprehensive | 7 | | Care in Residential Settings Demonstration Project;
| 8 | | (17) a statement detailing the admission, risk | 9 | | management, and residency
termination
criteria and | 10 | | procedures;
| 11 | | (18) a statement listing the rights specified in | 12 | | Section 95 and
acknowledging that, by contracting with the | 13 | | assisted
living or shared
housing establishment, the | 14 | | resident does not forfeit those rights;
| 15 | | (19) a statement detailing the Department's annual | 16 | | on-site review process
including
what documents contained | 17 | | in a resident's personal file shall be reviewed by
the | 18 | | on-site reviewer as defined by rule; and | 19 | | (20) a statement outlining whether the establishment | 20 | | charges a community fee and, if so, the amount of the fee | 21 | | and whether it is refundable; if the fee is refundable, the | 22 | | contract must describe the conditions under which it is | 23 | | refundable and how the amount of the refund is determined.
| 24 | | (Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.)
| 25 | | (210 ILCS 9/100)
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| 1 | | Sec. 100. Notice of closure. An owner of an establishment | 2 | | certified licensed under this Act shall give 90 days
notice | 3 | | prior to
voluntarily closing the establishment or prior to | 4 | | closing any part of the
establishment if closing
the part will | 5 | | require residency termination. The notice shall be given to
the | 6 | | Department, to
any resident who must have their residency | 7 | | terminated, the resident's
representative, and to a
member of | 8 | | the resident's family, where practicable. The notice shall | 9 | | state the
proposed date of
closing and the reason for closing. | 10 | | The establishment shall offer to assist
the resident in | 11 | | securing
an alternative placement and shall advise the resident | 12 | | on available
alternatives. Where the
resident is unable to | 13 | | choose an alternative placement and is not under
guardianship, | 14 | | the
Department shall be notified of the need for relocation | 15 | | assistance. The
establishment shall
comply with all applicable | 16 | | laws and rules until the date of closing, including
those | 17 | | related
to residency termination.
| 18 | | (Source: P.A. 91-656, eff. 1-1-01.)
| 19 | | (210 ILCS 9/110) | 20 | | Sec. 110. Powers and duties of the Department. | 21 | | (a) The Department shall conduct an annual unannounced | 22 | | on-site visit at
each
assisted living and shared
housing | 23 | | establishment to determine compliance with applicable | 24 | | certification licensure
requirements and
standards. Additional | 25 | | visits may be conducted without prior notice to the
assisted |
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| 1 | | living
or shared housing
establishment. | 2 | | (b) Upon receipt of information that may indicate the | 3 | | failure of the
assisted living or shared housing
establishment | 4 | | or a service provider to comply with a provision of this Act,
| 5 | | the Department shall
investigate the matter or make appropriate | 6 | | referrals to other government
agencies and entities having
| 7 | | jurisdiction over the subject matter of the possible violation. | 8 | | The Department
may also make
referrals to any public or private | 9 | | agency that the Department considers
available for appropriate
| 10 | | assistance to those involved. The Department may oversee and | 11 | | coordinate the
enforcement of State
consumer protection | 12 | | policies affecting residents residing in an establishment | 13 | | certified
licensed under this Act. | 14 | | (c) The Department shall establish by rule complaint | 15 | | receipt,
investigation,
resolution, and involuntary
residency | 16 | | termination procedures. Resolution procedures shall provide | 17 | | for
on-site review and
evaluation of an assisted living or | 18 | | shared housing establishment found to be
in violation of this | 19 | | Act
within a specified period of time based on the gravity and | 20 | | severity of the
violation and any pervasive
pattern of | 21 | | occurrences of the same or similar violations. | 22 | | (d) (Blank). | 23 | | (e) The Department shall by rule establish penalties and | 24 | | sanctions, which
shall include, but need not be limited to,
the | 25 | | creation of a schedule of graduated penalties and sanctions to | 26 | | include
closure. |
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| 1 | | (f) The Department shall by rule establish procedures for | 2 | | disclosure of
information to the public, which
shall include, | 3 | | but not be limited to, ownership, certification licensure | 4 | | status, frequency of
complaints, disposition of
substantiated | 5 | | complaints, and disciplinary actions. | 6 | | (g) (Blank). | 7 | | (h) Beginning January 1, 2000, the Department shall begin | 8 | | drafting rules
necessary for the administration
of this Act. | 9 | | (Source: P.A. 96-975, eff. 7-2-10.)
| 10 | | (210 ILCS 9/120)
| 11 | | Sec. 120. Consent to review.
A holder of a certificate | 12 | | licensee or applicant for a certificate license shall be deemed | 13 | | to have given consent to
any authorized
officer, employee, or | 14 | | agent of the Department to enter and review the
establishment | 15 | | in accordance
with this Act, except that entrance to individual | 16 | | rooms shall only be given
with the consent of the
resident or | 17 | | the resident's representative. Refusal to permit entry or
| 18 | | review shall constitute
grounds for denial, nonrenewal, or | 19 | | revocation of a certificate license .
| 20 | | (Source: P.A. 91-656, eff. 1-1-01.)
| 21 | | (210 ILCS 9/140)
| 22 | | Sec. 140. State and private funding. Nothing in this Act | 23 | | shall:
| 24 | | (1) require or authorize the State agency responsible |
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| 1 | | for the
administration
of the medical
assistance program | 2 | | established under Article V and Article VI of the Illinois
| 3 | | Public Aid
Code to approve, supply, or cover services | 4 | | provided in an assisted living or
shared housing
| 5 | | establishment, with the exception of certified licensed | 6 | | facilities that participate in the Department on Aging's | 7 | | Comprehensive Care in Residential Settings Demonstration | 8 | | Project, which may be covered under provisions of the | 9 | | Illinois Public Aid Code;
| 10 | | (2) require an agency or a managed care organization to | 11 | | approve, supply,
or
cover services
provided in an assisted | 12 | | living or shared housing establishment; or
| 13 | | (3) require any other third party payer to approve, | 14 | | supply or cover
medically necessary home
care services | 15 | | provided in an assisted living establishment. | 16 | | (4) authorize a certified establishment, other than | 17 | | one participating in the Department on Aging's | 18 | | Comprehensive Care in Residential Settings Demonstration | 19 | | Project, to participate in the federal food stamp program.
| 20 | | (Source: P.A. 93-775, eff. 1-1-05.)
| 21 | | (210 ILCS 9/145)
| 22 | | Sec. 145. Conversion of facilities. Entities licensed as
| 23 | | facilities
under the Nursing Home Care Act or the MR/DD | 24 | | Community Care Act may elect to convert
to a certificate | 25 | | license under this Act. Any facility that
chooses to convert, |
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| 1 | | in whole or in part, shall follow the requirements in the
| 2 | | Nursing Home Care Act or the MR/DD Community Care Act, as | 3 | | applicable, and rules promulgated under those Acts regarding | 4 | | voluntary
closure and notice to residents. Any conversion of | 5 | | existing beds licensed
under the Nursing Home Care Act or the | 6 | | MR/DD Community Care Act to certification licensure under this | 7 | | Act is exempt from
review by the Health Facilities and Services | 8 | | Review Board.
| 9 | | (Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; | 10 | | 96-1000, eff. 7-2-10.)
| 11 | | (210 ILCS 9/150)
| 12 | | Sec. 150. Alzheimer and dementia programs.
| 13 | | (a) In addition to this Section, Alzheimer and
dementia | 14 | | programs
shall comply with all of the other
provisions of this | 15 | | Act.
| 16 | | (b) No person shall be admitted or retained if the assisted | 17 | | living
or shared housing
establishment cannot provide or secure | 18 | | appropriate care, if the resident
requires a
level of service | 19 | | or
type of service for which the establishment is not certified | 20 | | licensed or which the
establishment does
not provide, or if the | 21 | | establishment does not have the staff appropriate in
numbers | 22 | | and with
appropriate skill to provide such services.
| 23 | | (c) No person shall be accepted for residency or remain in | 24 | | residence if the
person's mental or physical condition has so | 25 | | deteriorated to render residency
in such a program to be |
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| 1 | | detrimental to the health, welfare or safety of the
person or | 2 | | of other residents of the establishment. The Department by rule
| 3 | | shall identify a validated dementia-specific
standard
with
| 4 | | inter-rater reliability
that will be used to assess individual
| 5 | | residents.
The assessment must be approved by the resident's | 6 | | physician and shall occur
prior to acceptance for residency, | 7 | | annually, and at such time that a change in
the resident's | 8 | | condition is identified by a family member, staff of the
| 9 | | establishment, or the resident's physician.
| 10 | | (d) No person shall be accepted for residency or remain in | 11 | | residence if the
person is dangerous to self or others and the | 12 | | establishment would be unable to
eliminate the danger through | 13 | | the use of appropriate treatment modalities.
| 14 | | (e) No person shall be accepted for residency or remain in | 15 | | residence if the
person meets the criteria provided in | 16 | | subsections (b) through (g) of Section 75
of this Act.
| 17 | | (f) An establishment that offers to provide a special | 18 | | program or unit for
persons with
Alzheimer's disease and | 19 | | related disorders shall:
| 20 | | (1) disclose to the Department and to a potential or | 21 | | actual resident of
the establishment
information as | 22 | | specified under the Alzheimer's Disease and Related | 23 | | Dementias Special Care Disclosure Act;
| 24 | | (2) ensure that a resident's representative is | 25 | | designated for the
resident;
| 26 | | (3) develop and implement policies and procedures that |
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| 1 | | ensure the
continued safety of all
residents in the | 2 | | establishment including, but not limited to, those who:
| 3 | | (A) may wander; and
| 4 | | (B) may need supervision and assistance when | 5 | | evacuating the building in
an emergency;
| 6 | | (4) provide coordination of communications with each | 7 | | resident, resident's
representative,
relatives and other | 8 | | persons identified in the resident's service plan;
| 9 | | (5) provide cognitive stimulation and activities to | 10 | | maximize functioning;
| 11 | | (6) provide an appropriate number of staff for its | 12 | | resident population, as
established by rule;
| 13 | | (7) require the director or administrator and direct | 14 | | care staff
to complete sufficient comprehensive and | 15 | | ongoing dementia and cognitive deficit
training,
the | 16 | | content of which shall be established by rule; and
| 17 | | (8) develop emergency procedures and staffing patterns | 18 | | to respond to the
needs of residents.
| 19 | | (Source: P.A. 96-990, eff. 7-2-10.)
| 20 | | (210 ILCS 9/155)
| 21 | | Sec. 155. Application of Act. An establishment certified | 22 | | licensed under this
Act shall obtain and
maintain all other | 23 | | licenses, permits, certificates, and other governmental
| 24 | | approvals required of
it, except that a certified licensed | 25 | | assisted living or shared housing establishment is
exempt from |
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| 1 | | the
provisions of the Illinois Health Facilities Planning Act. | 2 | | An establishment certified
licensed under this Act shall comply | 3 | | with the requirements of
all local, State,
federal, and other | 4 | | applicable laws, rules, and ordinances and the National
Fire | 5 | | Protection
Association's Life Safety Code.
| 6 | | (Source: P.A. 91-656, eff. 1-1-01.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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