Full Text of SB2147 97th General Assembly
SB2147ham001 97TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 5/5/2011
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| 1 | | AMENDMENT TO SENATE BILL 2147
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2147 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Assisted Living and Shared Housing Act is | 5 | | amended by changing Sections 5, 10, 20, 25, 30, 32, 35, 40, 45, | 6 | | 55, 60, 65, and 75 as follows:
| 7 | | (210 ILCS 9/5)
| 8 | | Sec. 5. Legislative purpose. The purpose of this Act is to | 9 | | permit the
development and
availability of assisted living | 10 | | establishments and shared housing
establishments
based on a | 11 | | social
model that promotes the dignity, individuality, | 12 | | privacy, independence,
autonomy, and decision-making ability | 13 | | and the right to negotiated risk of
those persons; to provide
| 14 | | for the health, safety,
and welfare of those residents residing | 15 | | in assisted living and shared housing
establishments in
this | 16 | | State; to promote continuous quality improvement in assisted |
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| 1 | | living; and
to encourage the
development of innovative and | 2 | | affordable assisted living establishments and
shared housing
| 3 | | with service establishments for elderly persons of all income | 4 | | levels. It is
the public policy of
this State that assisted | 5 | | living is an important part of the continuum of
long term care. | 6 | | In support
of the goal of aging in place within the parameters | 7 | | established by this Act,
assisted living
and shared housing | 8 | | establishments shall be operated as
residential environments
| 9 | | with supportive services designed to meet the individual | 10 | | resident's changing
needs and
preferences. The residential | 11 | | environment shall be designed to encourage family
and community
| 12 | | involvement. The services available to residents, either | 13 | | directly or through
contracts or
agreements, are intended to | 14 | | help residents remain as independent as possible.
Assisted | 15 | | living,
which promotes resident choice, autonomy, and decision | 16 | | making, should be based
on a contract
model designed to result | 17 | | in a negotiated agreement between the resident or
the | 18 | | resident's
representative and the provider, clearly | 19 | | identifying the services to be
provided. This model
assumes | 20 | | that residents are able to direct services provided for them | 21 | | and will
designate a
representative to direct
these services if | 22 | | they themselves are unable to do so. This model supports
the
| 23 | | principle that there is
an acceptable balance between consumer | 24 | | protection and resident willingness
to accept risk and
that | 25 | | most consumers are competent to make their own judgments about | 26 | | the
services they are
obtaining. Regulation of assisted living |
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| 1 | | establishments and shared housing
establishments must
be | 2 | | sufficiently flexible to allow residents to age in place within | 3 | | the
parameters of this Act.
The
administration of this Act and | 4 | | services provided must therefore ensure that the
residents have | 5 | | the rights and responsibilities to direct the scope of services
| 6 | | they
receive and to make individual choices based on their | 7 | | needs and preferences.
These
establishments shall be operated | 8 | | in a manner that provides the least
restrictive and
most | 9 | | homelike environment and that promotes independence, autonomy,
| 10 | | individuality,
privacy, dignity, and the right to negotiated | 11 | | risk in residential
surroundings. It is not the intent of the | 12 | | State that certified establishments licensed
under this Act
be | 13 | | used as halfway houses for alcohol and substance abusers.
| 14 | | (Source: P.A. 91-656, eff. 1-1-01.)
| 15 | | (210 ILCS 9/10) | 16 | | Sec. 10. Definitions. For purposes of this Act: | 17 | | "Activities of daily living" means eating, dressing, | 18 | | bathing, toileting,
transferring, or personal
hygiene. | 19 | | "Assisted living establishment" or "establishment" means a | 20 | | home, building,
residence, or any
other place where sleeping | 21 | | accommodations are provided for at least 3
unrelated adults,
at | 22 | | least 80% of whom are 55 years of age or older and where the | 23 | | following are
provided
consistent with the purposes of this | 24 | | Act: | 25 | | (1) services consistent with a social model that is |
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| 1 | | based on the premise
that the
resident's unit in assisted | 2 | | living and shared housing is his or her own home; | 3 | | (2) community-based residential care for persons who | 4 | | need assistance with
activities of
daily living, including | 5 | | personal, supportive, and intermittent
health-related | 6 | | services available 24 hours per day, if needed, to meet the
| 7 | | scheduled
and
unscheduled needs of a resident; | 8 | | (3) mandatory services, whether provided directly by | 9 | | the establishment or
by another
entity arranged for by the | 10 | | establishment, with the consent of the resident or
| 11 | | resident's
representative; and | 12 | | (4) a physical environment that is a homelike
setting | 13 | | that
includes the following and such other elements as | 14 | | established by the Department:
individual living units | 15 | | each of which shall accommodate small kitchen
appliances
| 16 | | and contain private bathing, washing, and toilet | 17 | | facilities, or private washing
and
toilet facilities with a | 18 | | common bathing room readily accessible to each
resident.
| 19 | | Units shall be maintained for single occupancy except in | 20 | | cases in which 2
residents
choose to share a unit. | 21 | | Sufficient common space shall exist to permit
individual | 22 | | and
group activities. | 23 | | "Assisted living establishment" or "establishment" does | 24 | | not mean any of the
following: | 25 | | (1) A home, institution, or similar place operated by | 26 | | the federal
government or the
State of Illinois. |
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| 1 | | (2) A long term care facility licensed under the | 2 | | Nursing Home Care Act or a facility licensed under the | 3 | | MR/DD Community Care Act.
However, a
facility licensed | 4 | | under either of those Acts may convert distinct parts of | 5 | | the facility to assisted
living. If
the facility elects to | 6 | | do so, the facility shall retain the
Certificate of
Need | 7 | | for its nursing and sheltered care beds that were | 8 | | converted. | 9 | | (3) A hospital, sanitarium, or other institution, the | 10 | | principal activity
or business of
which is the diagnosis, | 11 | | care, and treatment of human illness and that is
required | 12 | | to
be licensed under the Hospital Licensing Act. | 13 | | (4) A facility for child care as defined in the Child | 14 | | Care Act of 1969. | 15 | | (5) A community living facility as defined in the | 16 | | Community Living
Facilities
Licensing Act. | 17 | | (6) A nursing home or sanitarium operated solely by and | 18 | | for persons who
rely
exclusively upon treatment by | 19 | | spiritual means through prayer in accordance with
the creed | 20 | | or tenants of a well-recognized church or religious | 21 | | denomination. | 22 | | (7) A facility licensed by the Department of Human | 23 | | Services as a
community-integrated living arrangement as | 24 | | defined in the Community-Integrated
Living
Arrangements | 25 | | Licensure and Certification Act. | 26 | | (8) A supportive residence licensed under the |
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| 1 | | Supportive Residences
Licensing Act. | 2 | | (9) The portion of a life care facility as defined in | 3 | | the Life Care Facilities Act not licensed as an assisted | 4 | | living establishment under this Act; a
life care facility | 5 | | may
apply under this Act to convert sections of the | 6 | | community to assisted living. | 7 | | (10) A free-standing hospice facility licensed under | 8 | | the Hospice Program
Licensing Act. | 9 | | (11) A shared housing establishment. | 10 | | (12) A supportive living facility as described in | 11 | | Section 5-5.01a of the
Illinois Public Aid
Code. | 12 | | "Department" means the Department of Public Health. | 13 | | "Director" means the Director of Public Health. | 14 | | "Emergency situation" means imminent danger of death or | 15 | | serious physical
harm to a
resident of an establishment. | 16 | | " Certificate License " means any of the following types of | 17 | | certificates licenses issued to an applicant
or licensee by the
| 18 | | Department: | 19 | | (1) "Probationary certificate license " means a | 20 | | certificate license issued to an applicant or the holder of | 21 | | a certificate
licensee
that has not
held a certificate or | 22 | | license under this Act prior to its application or pursuant | 23 | | to a license
transfer in accordance with Section 50 of this | 24 | | Act. | 25 | | (2) "Regular certification license " means a | 26 | | certificate license issued by the Department to an
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| 1 | | applicant or the holder of a certificate
licensee that is | 2 | | in
substantial compliance with this Act and any rules | 3 | | promulgated
under this Act. | 4 | | " Holder of a certificate Licensee " means a person, agency, | 5 | | association, corporation, partnership, or
organization that
| 6 | | has been issued a certificate license to operate an assisted | 7 | | living or shared housing
establishment. | 8 | | "Licensed health care professional" means a registered | 9 | | professional nurse,
an advanced practice nurse, a physician | 10 | | assistant, and a licensed practical
nurse. | 11 | | "Mandatory services" include the following: | 12 | | (1) 3 meals per day available to the residents prepared | 13 | | by the
establishment or an
outside contractor; | 14 | | (2) housekeeping services including, but not limited | 15 | | to, vacuuming,
dusting, and
cleaning the resident's unit; | 16 | | (3) personal laundry and linen services available to | 17 | | the residents
provided
or arranged
for by the | 18 | | establishment; | 19 | | (4) security provided 24 hours each day including, but | 20 | | not limited to,
locked entrances
or building or contract | 21 | | security personnel; | 22 | | (5) an emergency communication response system, which | 23 | | is a procedure in
place 24
hours each day by which a | 24 | | resident can notify building management, an emergency
| 25 | | response vendor, or others able to respond to his or her | 26 | | need for assistance;
and |
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| 1 | | (6) assistance with activities of daily living as | 2 | | required by each
resident. | 3 | | "Negotiated risk" is the process by which a resident, or | 4 | | his or her
representative,
may formally
negotiate with | 5 | | providers what risks each are willing and unwilling to assume | 6 | | in
service provision
and the resident's living environment. The | 7 | | provider assures that the resident
and the
resident's | 8 | | representative, if any, are informed of the risks of these | 9 | | decisions
and of
the potential
consequences of assuming these | 10 | | risks. | 11 | | "Owner" means the individual, partnership, corporation, | 12 | | association, or other
person who owns
an assisted living or | 13 | | shared housing establishment. In the event an assisted
living | 14 | | or shared
housing establishment is operated by a person who | 15 | | leases or manages the
physical plant, which is
owned by another | 16 | | person, "owner" means the person who operates the assisted
| 17 | | living or shared
housing establishment, except that if the | 18 | | person who owns the physical plant is
an affiliate of the
| 19 | | person who operates the assisted living or shared housing | 20 | | establishment and has
significant
control over the day to day | 21 | | operations of the assisted living or shared housing
| 22 | | establishment, the
person who owns the physical plant shall | 23 | | incur jointly and severally with the
owner all liabilities
| 24 | | imposed on an owner under this Act. | 25 | | "Physician" means a person licensed
under the Medical | 26 | | Practice Act of 1987
to practice medicine in all of its
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| 1 | | branches. | 2 | | "Resident" means a person residing in an assisted living or | 3 | | shared housing
establishment. | 4 | | "Resident's representative" means a person, other than the | 5 | | owner, agent, or
employee of an
establishment or of the health | 6 | | care provider unless related to the resident,
designated in | 7 | | writing by a
resident to be his or her
representative. This | 8 | | designation may be accomplished through the Illinois
Power of | 9 | | Attorney Act, pursuant to the guardianship process under the | 10 | | Probate
Act of 1975, or pursuant to an executed designation of | 11 | | representative form
specified by the Department. | 12 | | "Self" means the individual or the individual's designated | 13 | | representative. | 14 | | "Shared housing establishment" or "establishment" means a | 15 | | publicly or
privately operated free-standing
residence for 16 | 16 | | or fewer persons, at least 80% of whom are 55
years of age or | 17 | | older
and who are unrelated to the owners and one manager of | 18 | | the residence, where
the following are provided: | 19 | | (1) services consistent with a social model that is | 20 | | based on the premise
that the resident's unit is his or her | 21 | | own home; | 22 | | (2) community-based residential care for persons who | 23 | | need assistance with
activities of daily living, including | 24 | | housing and personal, supportive, and
intermittent | 25 | | health-related services available 24 hours per day, if | 26 | | needed, to
meet the scheduled and unscheduled needs of a |
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| 1 | | resident; and | 2 | | (3) mandatory services, whether provided directly by | 3 | | the establishment or
by another entity arranged for by the | 4 | | establishment, with the consent of the
resident or the | 5 | | resident's representative. | 6 | | "Shared housing establishment" or "establishment" does not | 7 | | mean any of the
following: | 8 | | (1) A home, institution, or similar place operated by | 9 | | the federal
government or the State of Illinois. | 10 | | (2) A long term care facility licensed under the | 11 | | Nursing Home Care Act or a facility licensed under the | 12 | | MR/DD Community Care Act.
A facility licensed under either | 13 | | of those Acts may, however, convert sections of the | 14 | | facility to
assisted living. If the facility elects to do | 15 | | so, the facility
shall retain the Certificate of Need for | 16 | | its nursing beds that were
converted. | 17 | | (3) A hospital, sanitarium, or other institution, the | 18 | | principal activity
or business of which is the diagnosis, | 19 | | care, and treatment of human illness and
that is required | 20 | | to be licensed under the Hospital Licensing Act. | 21 | | (4) A facility for child care as defined in the Child | 22 | | Care Act of 1969. | 23 | | (5) A community living facility as defined in the | 24 | | Community Living
Facilities Licensing Act. | 25 | | (6) A nursing home or sanitarium operated solely by and | 26 | | for persons who
rely exclusively upon treatment by |
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| 1 | | spiritual means through prayer in accordance
with the creed | 2 | | or tenants of a well-recognized church or religious
| 3 | | denomination. | 4 | | (7) A facility licensed by the Department of Human | 5 | | Services as a
community-integrated
living arrangement as | 6 | | defined in the Community-Integrated
Living Arrangements | 7 | | Licensure and Certification Act. | 8 | | (8) A supportive residence licensed under the | 9 | | Supportive Residences
Licensing Act. | 10 | | (9) A life care facility as defined in the Life Care | 11 | | Facilities Act; a
life care facility may apply under this | 12 | | Act to convert sections of the
community to assisted | 13 | | living. | 14 | | (10) A free-standing hospice facility licensed under | 15 | | the Hospice Program
Licensing Act. | 16 | | (11) An assisted living establishment. | 17 | | (12) A supportive living facility as described in | 18 | | Section 5-5.01a of the
Illinois Public Aid Code. | 19 | | "Total assistance" means that staff or another individual | 20 | | performs the entire
activity of daily
living without | 21 | | participation by the resident. | 22 | | (Source: P.A. 95-216, eff. 8-16-07; 96-339, eff. 7-1-10; | 23 | | 96-975, eff. 7-2-10.)
| 24 | | (210 ILCS 9/20)
| 25 | | Sec. 20. Construction and operating standards. The |
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| 1 | | Department shall prescribe
minimum standards for
| 2 | | establishments. These standards shall include:
| 3 | | (1) the location and construction of the | 4 | | establishment, including
plumbing,
heating, lighting,
| 5 | | ventilation, and other physical conditions which shall | 6 | | ensure the health,
safety, and comfort
of residents and | 7 | | their protection from fire hazards; these standards shall
| 8 | | include, at a minimum, compliance with the residential | 9 | | board and care
occupancies chapter of the National Fire | 10 | | Protection Association's Life Safety
Code, local and State | 11 | | building codes for the building
type, and accessibility | 12 | | standards of the Americans with Disabilities Act;
| 13 | | (2) the number and qualifications of all personnel | 14 | | having responsibility
for
any part of the services provided | 15 | | for
residents;
| 16 | | (3) all sanitary conditions within the establishment | 17 | | and its surroundings,
including water supply,
sewage | 18 | | disposal, food handling, infection control, and general | 19 | | hygiene, which
shall ensure the
health and
comfort of | 20 | | residents;
| 21 | | (4) a program for adequate maintenance of physical | 22 | | plant and equipment;
| 23 | | (5) adequate accommodations, staff, and services for | 24 | | the number and types
of residents for whom
the | 25 | | establishment is certified licensed ;
| 26 | | (6) the development of evacuation and other |
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| 1 | | appropriate safety plans for
use
during weather, health,
| 2 | | fire, physical plant, environmental, and national defense | 3 | | emergencies; and
| 4 | | (7) the maintenance of minimum financial and other | 5 | | resources necessary to
meet
the standards
established | 6 | | under this Section and to operate the
establishment in | 7 | | accordance with this Act.
| 8 | | (Source: P.A. 96-975, eff. 7-2-10.)
| 9 | | (210 ILCS 9/25)
| 10 | | Sec. 25. Certification License requirement. No person may | 11 | | establish, operate, maintain, or
offer an establishment as an | 12 | | assisted living establishment or shared housing
establishment | 13 | | as defined by the Act within this State unless and until he or
| 14 | | she obtains a valid certificate license , which remains | 15 | | unsuspended, unrevoked, and
unexpired. No public official, | 16 | | agent, or employee may place any person in, or
recommend that | 17 | | any person be placed in, or directly or indirectly cause any
| 18 | | person to be placed in any establishment that meets the | 19 | | definition under this
Act that is being operated without a | 20 | | valid certificate license . No public official, agent,
or | 21 | | employee may place the name of an uncertified unlicensed | 22 | | establishment that is required
to be certified licensed under | 23 | | this Act on a list of programs. An entity that operates
as an | 24 | | assisted living or shared housing establishment as defined by | 25 | | this Act
without being certified a license shall be subject to |
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| 1 | | the provisions, including penalties, of
the Nursing Home Care | 2 | | Act. No entity shall use in its
name or advertise
"assisted | 3 | | living" unless certified licensed as an assisted living | 4 | | establishment under
this Act or as a shelter care facility | 5 | | under the Nursing Home Care Act that
also meets the definition | 6 | | of an assisted living establishment under this Act,
except a | 7 | | shared housing establishment certified licensed under this Act | 8 | | may advertise
assisted living services. A valid license issued | 9 | | pursuant to this Act prior to the effective date of this | 10 | | amendatory Act of the 97th General Assembly shall be deemed a | 11 | | valid certificate pursuant to this Act subject to all renewal, | 12 | | suspension, revocation, and disciplinary provisions of this | 13 | | Act until such time as the Department shall establish means for | 14 | | certification under this Act.
| 15 | | (Source: P.A. 93-141, eff. 7-10-03.)
| 16 | | (210 ILCS 9/30)
| 17 | | Sec. 30. Certification Licensing .
| 18 | | (a) The Department shall
establish
by rule forms,
| 19 | | procedures, and fees for the annual certification licensing of | 20 | | assisted living and shared
housing
establishments; shall | 21 | | establish and enforce sanctions and penalties for
operating in | 22 | | violation
of this Act, as provided in Section 135 of this Act | 23 | | and rules
adopted under
Section 110 of this Act. The Department | 24 | | shall conduct an annual on-site
review
for
each
establishment | 25 | | covered by this Act, which shall include, but not be limited |
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| 1 | | to,
compliance with
this Act and rules adopted hereunder, focus | 2 | | on solving resident issues
and concerns,
and the quality | 3 | | improvement process implemented by the establishment to | 4 | | address
resident
issues. The quality improvement process | 5 | | implemented by the establishment must
benchmark performance, | 6 | | be customer centered, be data driven, and focus on
resident
| 7 | | satisfaction.
| 8 | | (b) An establishment shall provide the following | 9 | | information to the
Department
to be considered for | 10 | | certification licensure :
| 11 | | (1) the business name, street address, mailing | 12 | | address, and telephone
number of the
establishment;
| 13 | | (2) the name and mailing address of the owner or owners | 14 | | of the
establishment and if the
owner or owners are not | 15 | | natural persons, identification of the type of
business | 16 | | entity
of the owners, and the names and addresses of the | 17 | | officers and members of the
governing body, or comparable | 18 | | persons for partnerships, limited liability
companies, or | 19 | | other types of business organizations;
| 20 | | (3) financial information, content and form to be | 21 | | determined by rules
which may provide different standards | 22 | | for assisted living establishments and
shared housing | 23 | | establishments,
establishing that the project is | 24 | | financially feasible;
| 25 | | (4) the name and mailing address of the managing agent | 26 | | of the
establishment, whether
hired under a management |
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| 1 | | agreement or lease agreement, if different from the
owner | 2 | | or owners, and the name of the full-time director;
| 3 | | (5) verification that the establishment has entered or | 4 | | will enter into a
service delivery
contract as provided in | 5 | | Section 90, as required under this Act, with each
resident | 6 | | or
resident's representative;
| 7 | | (6) the name and address of at least one natural person | 8 | | who shall be
responsible for
dealing with the Department on | 9 | | all matters provided for in this Act, on whom
personal | 10 | | service of all notices and orders shall be made, and who | 11 | | shall be
authorized
to accept service on behalf of the | 12 | | owner or owners and the managing agent.
Notwithstanding a | 13 | | contrary provision of the Code of Civil Procedure, personal
| 14 | | service on the person identified pursuant to this | 15 | | subsection shall be
considered
service on the owner or | 16 | | owners and the managing agent, and it shall not be a
| 17 | | defense to any action that personal service was not made on | 18 | | each individual or
entity;
| 19 | | (7) the signature of the authorized representative of | 20 | | the owner or
owners;
| 21 | | (8) proof of an ongoing quality improvement program in | 22 | | accordance with
rules adopted
by the Department;
| 23 | | (9) information about the number and types of units, | 24 | | the maximum census,
and the
services to be provided at the | 25 | | establishment, proof of compliance with
applicable
State | 26 | | and local residential standards, and a copy of the standard |
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| 1 | | contract
offered to
residents;
| 2 | | (10) documentation of adequate liability insurance; | 3 | | and
| 4 | | (11) other information necessary to determine the | 5 | | identity and
qualifications of an
applicant or the holder | 6 | | of a certificate licensee to operate an
establishment in
| 7 | | accordance with this Act as required by the Department by | 8 | | rule.
| 9 | | (c) The information in the statement of ownership shall be | 10 | | public
information and shall be
available from the Department.
| 11 | | (Source: P.A. 96-975, eff. 7-2-10.)
| 12 | | (210 ILCS 9/32)
| 13 | | Sec. 32. Floating certification license . An establishment | 14 | | (i) in which 80% of the
residents are at least 55 years of age | 15 | | or older, (ii) that is operated as
housing for the elderly, and | 16 | | (iii) that meets the construction and operating
standards | 17 | | contained in Section 20 of this Act may request a floating | 18 | | assisted living certificate license
for any number of | 19 | | individual living units within the establishment up to, but
not | 20 | | including, total capacity. An establishment requesting a | 21 | | floating assisted living certificate license
must specify the | 22 | | number of individual living units within the establishment to
| 23 | | be certified licensed . Living units designated by the | 24 | | establishment as a certified assisted licensed living
unit | 25 | | shall, for the purposes of this Section, be referred to as a |
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| 1 | | certified assisted licensed
living unit. An establishment | 2 | | utilizing a floating assisted living certificate license must | 3 | | have staff
adequate to meet the scheduled and unscheduled needs | 4 | | of the residents residing
in certified assisted licensed living | 5 | | units within the establishment. All staff providing
services to | 6 | | certified assisted licensed living units must meet the | 7 | | requirements of this Act and
its rules. A living unit may only | 8 | | be designated as a certified assisted living licensed unit if | 9 | | the
living unit and the living unit's resident meet the | 10 | | requirements of this Act
and its rules. All mandatory services | 11 | | must be made available to residents of certified assisted
| 12 | | licensed living units, and residents of certified assisted | 13 | | licensed living units may receive any
optional services | 14 | | permitted under the establishment's assisted living | 15 | | certificate license . Establishments
may only provide services | 16 | | under this
Act in the individual living units designated as | 17 | | certified assisted living licensed units.
Designation as a | 18 | | certified assisted living licensed unit may be temporary to | 19 | | accommodate a resident's
changing needs without requiring the | 20 | | resident to move.
| 21 | | An establishment with a floating assisted living | 22 | | certification license must keep a current written list of
those | 23 | | units designated under the floating assisted living | 24 | | certificate license . If a resident elects to
receive services | 25 | | in a unit that is not certified licensed and the unit qualifies | 26 | | for assisted living certification
licensure , the establishment |
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| 1 | | must notify the resident that the unit must be certified as an | 2 | | assisting living unit
licensed and the requirements of this Act | 3 | | must be met before services can be
provided to residents in | 4 | | that unit. Upon the initiation of an initial assisted living | 5 | | certification
licensing inspection, annual inspection, or | 6 | | complaint investigation, the
establishment shall provide to | 7 | | the Department a list of the units designated
under the | 8 | | floating assisted living certification license in which | 9 | | residents are receiving services subject to
this Act.
| 10 | | (Source: P.A. 93-141, eff. 7-10-03.)
| 11 | | (210 ILCS 9/35)
| 12 | | Sec. 35. Issuance of certification license .
| 13 | | (a) Upon receipt and review of an application for a | 14 | | certificate license and review of
the applicant establishment, | 15 | | the Director may issue a certificate license if he or she
| 16 | | finds:
| 17 | | (1) that the individual applicant, or the corporation, | 18 | | partnership, or
other entity if the applicant is not an | 19 | | individual, is a person responsible and
suitable to operate | 20 | | or to direct or participate in the operation of an
| 21 | | establishment by virtue of financial capacity, appropriate | 22 | | business or
professional experience, a record of lawful | 23 | | compliance with lawful orders of
the Department
and lack of | 24 | | revocation of a certificate or license issued under this | 25 | | Act, the Nursing Home
Care Act, or the MR/DD Community Care |
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| 1 | | Act
during the previous 5 years;
| 2 | | (2) that the establishment is under the supervision of | 3 | | a full-time
director who is at least 21 years of age and | 4 | | has a high school diploma or equivalent plus either: | 5 | | (A) 2 years of management experience or 2 years of | 6 | | experience in positions of progressive responsibility | 7 | | in health care, housing with services, or adult day | 8 | | care or providing similar services to the elderly; or | 9 | | (B) 2 years of management experience or 2 years of | 10 | | experience in positions of progressive responsibility | 11 | | in hospitality and training in health care and housing | 12 | | with services management as defined by rule;
| 13 | | (3) that the establishment has staff sufficient in | 14 | | number with
qualifications, adequate skills, education, | 15 | | and experience to meet the 24 hour
scheduled and | 16 | | unscheduled needs of residents and who participate in | 17 | | ongoing
training to serve the resident population;
| 18 | | (4) that all employees who are subject to the Health | 19 | | Care Worker Background Check Act meet the requirements of | 20 | | that Act;
| 21 | | (5) that the applicant is in substantial compliance | 22 | | with this Act and such
other requirements for a certificate
| 23 | | license as the Department by rule may establish under this | 24 | | Act;
| 25 | | (6) that the applicant pays all required fees;
| 26 | | (7) that the applicant has provided to the Department |
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| 1 | | an accurate
disclosure document in
accordance with the | 2 | | Alzheimer's Disease and Related Dementias Special Care | 3 | | Disclosure Act and in
substantial compliance with Section | 4 | | 150 of this Act.
| 5 | | In addition to any other requirements set forth in this | 6 | | Act, as a condition of certification licensure under this Act, | 7 | | the director of an establishment must participate in at least | 8 | | 20 hours of training every 2 years to assist him or her in | 9 | | better meeting the needs of the residents of the establishment | 10 | | and managing
the operation of the establishment.
| 11 | | Any certificate license issued by the Director shall state | 12 | | the physical location of the
establishment, the date the | 13 | | certificate license was issued, and the expiration date. All | 14 | | certificates
licenses shall be valid for one year, except as | 15 | | provided in Sections 40 and 45. Each certificate
license shall | 16 | | be issued only for the premises and persons named in the
| 17 | | application, and shall not be transferable or assignable.
| 18 | | (Source: P.A. 95-79, eff. 8-13-07; 95-590, eff. 9-10-07; | 19 | | 95-628, eff. 9-25-07; 95-876, eff. 8-21-08; 96-339, eff. | 20 | | 7-1-10; 96-990, eff. 7-2-10.)
| 21 | | (210 ILCS 9/40)
| 22 | | Sec. 40. Probationary certification licenses . If the | 23 | | applicant has not been
previously certified or licensed under | 24 | | this
Act or if the establishment is not in operation at the | 25 | | time the application is
made and if the Department determines |
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| 1 | | that the applicant meets the certification licensure | 2 | | requirements of this Act, the Department
shall
issue a | 3 | | probationary certificate license . A probationary certificate | 4 | | license shall be valid for
120 days unless
sooner suspended or | 5 | | revoked. Within 30 days prior to the termination of a
| 6 | | probationary certificate license ,
the Department shall fully | 7 | | and completely review the establishment and, if the
| 8 | | establishment
meets the applicable requirements for | 9 | | certification licensure , shall issue a certificate license . If | 10 | | the
Department finds
that the establishment does not meet the | 11 | | requirements for certification licensure , but has
made | 12 | | substantial
progress toward meeting those requirements, the | 13 | | certificate license may be renewed once for
a period not to
| 14 | | exceed 120 days from the expiration date of the initial | 15 | | probationary certificate license .
| 16 | | (Source: P.A. 93-1003, eff. 8-23-04.)
| 17 | | (210 ILCS 9/45)
| 18 | | Sec. 45. Renewal of certification licenses . At least 120 | 19 | | days, but not more than 150
days prior to the license
| 20 | | expiration of a certificate , the holder of a certificate | 21 | | licensee shall submit an application for renewal of the | 22 | | certificate license
in such form
and containing such | 23 | | information as the Department requires. If the application
is | 24 | | approved, and if the holder of a certificate licensee (i) has | 25 | | not committed a Type 1 violation in the preceding 24 months, |
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| 1 | | (ii) has not committed a Type 2 violation in the preceding 24 | 2 | | months, (iii) has not had an inspection, review, or evaluation | 3 | | that resulted in a finding of 10 or more Type 3 violations in | 4 | | the preceding 24 months, and (iv) has not admitted or retained | 5 | | a resident in violation of Section 75 of this Act in the | 6 | | preceding 24 months, the Department may renew the certificate | 7 | | license for an additional period of 2 years at the request of | 8 | | the holder of a certificate licensee . If a holder of a | 9 | | certificate licensee whose certificate license has been | 10 | | renewed for 2 years under this Section subsequently fails to | 11 | | meet any of the conditions set forth in items (i), (ii), and | 12 | | (iii), then, in addition to any other sanctions that the | 13 | | Department may impose under this Act, the Department shall | 14 | | revoke the 2-year certificate license and replace it with a | 15 | | one-year certificate license until the holder of a certificate | 16 | | licensee again meets all of the conditions set forth in items | 17 | | (i), (ii), and (iii). If appropriate,
the renewal
application | 18 | | shall not be approved unless the applicant has provided to the
| 19 | | Department an
accurate disclosure document in accordance with | 20 | | the Alzheimer's Disease and Related Dementias Special Care
| 21 | | Disclosure
Act. If the application for renewal is not timely | 22 | | filed, the Department shall
so inform the holder of a | 23 | | certificate
licensee .
| 24 | | (Source: P.A. 95-590, eff. 9-10-07; 95-876, eff. 8-21-08; | 25 | | 96-990, eff. 7-2-10; 96-1275, eff. 7-26-10; revised 9-2-10.)
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| 1 | | (210 ILCS 9/55)
| 2 | | Sec. 55. Grounds for denial of a certificate license .
An | 3 | | application for a certificate license may be denied for any of | 4 | | the following reasons:
| 5 | | (1) failure to meet any of the standards set forth in | 6 | | this Act or by rules
adopted by the Department under this | 7 | | Act;
| 8 | | (2) conviction of the applicant, or if the applicant is | 9 | | a firm,
partnership,
or association, of any of
its members, | 10 | | or if a corporation, the conviction of the corporation or | 11 | | any of
its officers or
stockholders, or of the person | 12 | | designated to manage or supervise the
establishment, of a
| 13 | | felony or of 2 or more misdemeanors involving moral | 14 | | turpitude during the
previous 5
years as shown by a | 15 | | certified copy of the record of the court of conviction;
| 16 | | (3) personnel insufficient in number or unqualified by | 17 | | training or
experience to properly care for
the residents;
| 18 | | (4) insufficient financial or other resources to | 19 | | operate and conduct the
establishment in
accordance with | 20 | | standards adopted by the Department under this Act;
| 21 | | (5) revocation of a certificate or license during the | 22 | | previous 5
years,
if such prior certificate or license
was | 23 | | issued to the individual applicant, a controlling owner or | 24 | | controlling
combination of
owners of the applicant; or any | 25 | | affiliate of the individual applicant or
controlling owner | 26 | | of
the applicant and such individual applicant, |
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| 1 | | controlling owner of the applicant
or affiliate of
the | 2 | | applicant was a controlling owner of the prior certificate | 3 | | or license; provided, however,
that the denial
of an | 4 | | application for a certificate license pursuant to this | 5 | | Section must be supported
by evidence that
the prior | 6 | | revocation renders the applicant unqualified or incapable | 7 | | of meeting
or
maintaining an establishment in accordance | 8 | | with the standards and rules
adopted by the
Department | 9 | | under this Act; or
| 10 | | (6) the establishment is not under the direct | 11 | | supervision of a full-time
director, as defined by
rule.
| 12 | | The Department shall deny an application for a certificate | 13 | | license if 6 months after submitting its initial application | 14 | | the applicant has not provided the Department with all of the | 15 | | information required for review and approval or the applicant | 16 | | is not actively pursuing the processing of its application. In | 17 | | addition, the Department shall determine whether the applicant | 18 | | has violated any provision of the Nursing Home Care Act or the | 19 | | MR/DD Community Care Act.
| 20 | | (Source: P.A. 96-339, eff. 7-1-10 .)
| 21 | | (210 ILCS 9/60)
| 22 | | Sec. 60. Notice of denial; request for hearing; hearing.
| 23 | | (a) Immediately upon the denial of any application or | 24 | | reapplication for a certificate
license under this
Act, the | 25 | | Department shall notify the applicant in writing. Notice of
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| 1 | | denial shall include a
clear and concise statement of the | 2 | | violations of this Act on which the denial
is based and
notice | 3 | | of the opportunity for a hearing. If the applicant or the | 4 | | holder of a certificate licensee wishes
to contest the
denial | 5 | | of a certificate license , it shall provide written notice to | 6 | | the Department of a
request for a hearing
within 10 days after | 7 | | receipt of the notice of denial. The Department shall
commence | 8 | | a
hearing under this Section.
| 9 | | (b) A request for a hearing by aggrieved persons shall be | 10 | | taken to the
Department as follows:
| 11 | | (1) Upon the receipt of a request in writing for a | 12 | | hearing, the Director
or a person
designated in writing by | 13 | | the Director to act as a hearing officer shall conduct
a
| 14 | | hearing to review the decision.
| 15 | | (2) Before the hearing is held notice of the hearing | 16 | | shall be sent by the
Department to the
person making the | 17 | | request for the hearing and to the person making the | 18 | | decision
which is being reviewed. In the notice the | 19 | | Department shall specify the date,
time,
and place of the | 20 | | hearing, which shall be held not less than 10 days after | 21 | | the
notice is
mailed or delivered. The notice shall | 22 | | designate the decision being reviewed.
The
notice may be | 23 | | served by delivering it personally to the parties or their
| 24 | | representatives
or by mailing it by certified mail to the | 25 | | parties' addresses.
| 26 | | (3) The Department shall commence the hearing within 30 |
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| 1 | | days after the
receipt of request
for hearing. The hearing | 2 | | shall proceed as expeditiously as practicable, but in
all | 3 | | cases
shall conclude within 90 days after commencement.
| 4 | | (c) The Director or hearing officer shall permit any party | 5 | | to appear in
person and to be
represented by counsel at the | 6 | | hearing, at which time the applicant or the holder of a | 7 | | certificate licensee
shall be
afforded an opportunity to | 8 | | present all relevant matter in support of his or her
position. | 9 | | In the
event of the inability of any party or the Department to | 10 | | procure the attendance
of witnesses to
give testimony or | 11 | | produce books and papers, any party or the Department may
take | 12 | | the
deposition of witnesses in accordance with the provisions | 13 | | of the laws of this
State. All
testimony shall be reduced to | 14 | | writing, and all testimony and other
evidence introduced
at the | 15 | | hearing shall be a part of the record of the hearing.
| 16 | | (d) The Director or hearing officer shall make findings of | 17 | | fact in the
hearing, and the Director
shall render his or her | 18 | | decision within 30 days after the termination of the
hearing, | 19 | | unless
additional time not to exceed 90 days is required by him | 20 | | or her for a proper
disposition of the
matter. When the hearing | 21 | | has been conducted by a hearing officer, the Director
shall | 22 | | review
the record and findings of fact before rendering a | 23 | | decision. All decisions
rendered by the
Director shall be | 24 | | binding upon and complied with by the Department, the
| 25 | | establishment, or
the persons involved in the hearing, as | 26 | | appropriate to each case.
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| 1 | | (Source: P.A. 91-656, eff. 1-1-01.)
| 2 | | (210 ILCS 9/65)
| 3 | | Sec. 65. Revocation, suspension, or refusal to renew | 4 | | certificate license .
| 5 | | (a) The Department, after notice to the applicant or the | 6 | | holder of a certificate licensee , may
suspend,
revoke, or | 7 | | refuse
to renew a certificate license in any case in which the | 8 | | Department finds any of the
following:
| 9 | | (1) that there has been a substantial failure to comply | 10 | | with this Act or
the rules promulgated by the Department | 11 | | under this Act;
| 12 | | (2) that there has been a conviction of the the holder | 13 | | of a certificate licensee , or of the person
designated to | 14 | | manage
or
supervise the
establishment, of a felony or of 2 | 15 | | or more misdemeanors involving moral
turpitude
during the | 16 | | previous 5 years as shown by a certified copy of the record | 17 | | of
the court of
conviction;
| 18 | | (3) that the personnel is insufficient in number or | 19 | | unqualified by
training or
experience to properly
care for | 20 | | the number and type of residents served by the | 21 | | establishment;
| 22 | | (4) that the financial or other resources are | 23 | | insufficient to conduct and
operate
the establishment in
| 24 | | accordance with standards promulgated by the Department | 25 | | under this Act; or
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| 1 | | (5) that the establishment is not under the direct | 2 | | supervision of a
full-time
director, as defined
by rule.
| 3 | | (b) Notice under this Section shall include a clear and | 4 | | concise statement of
the violations on
which the nonrenewal or | 5 | | revocation is based, the statute or rule violated, and
notice | 6 | | of the
opportunity for a hearing under Section 60.
| 7 | | (c) If an establishment desires to contest the nonrenewal | 8 | | or revocation of a certificate
license , the
establishment | 9 | | shall, within 10 days after receipt of notice under subsection
| 10 | | (b) of this Section,
notify the Department in writing of its | 11 | | request for a hearing under Section
60. Upon receipt of
the | 12 | | request the Department shall send notice to the establishment | 13 | | and hold a
hearing as provided
under Section 60.
| 14 | | (d) The effective date of nonrenewal or revocation of a | 15 | | certificate license by the
Department shall be
any of the | 16 | | following:
| 17 | | (1) until otherwise ordered by the circuit court, | 18 | | revocation is effective
on
the date set by
the Department | 19 | | in the notice of revocation, or upon final action after | 20 | | hearing
under
Section 60, whichever is later;
| 21 | | (2) until otherwise ordered by the circuit court, | 22 | | nonrenewal is effective
on
the date of
expiration of any | 23 | | existing certificate or license, or upon final action after | 24 | | hearing under
Section 60,
whichever is later; however, a | 25 | | certificate or license shall not be deemed to have expired | 26 | | if
the
Department fails to timely respond to a timely |
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| 1 | | request for renewal under this
Act or for
a hearing to | 2 | | contest nonrenewal; or
| 3 | | (3) the Department may extend the effective date of | 4 | | certificate license
revocation or expiration in any
case in | 5 | | order to permit orderly removal and relocation of | 6 | | residents.
| 7 | | (e) The Department may refuse to issue or may suspend the | 8 | | certificate license of any
person who fails
to file a return, | 9 | | or to pay the tax, penalty or interest shown in a filed
return, | 10 | | or to pay any final
assessment of tax, penalty or interest, as | 11 | | required by any tax Act
administered by the Illinois
Department | 12 | | of Revenue, until such time as the requirements of any such tax | 13 | | Act
are satisfied.
| 14 | | (Source: P.A. 91-656, eff. 1-1-01.)
| 15 | | (210 ILCS 9/75)
| 16 | | Sec. 75. Residency Requirements.
| 17 | | (a) No individual shall be accepted for residency or remain | 18 | | in residence if
the
establishment cannot provide or secure | 19 | | appropriate
services, if the individual
requires a level of | 20 | | service or type of service for which the establishment is
not | 21 | | certificated licensed or
which the establishment does not | 22 | | provide, or if the establishment does not have
the staff
| 23 | | appropriate in numbers and with appropriate skill to provide | 24 | | such services.
| 25 | | (b) Only adults may be accepted for residency.
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| 1 | | (c) A person shall not be accepted for residency if:
| 2 | | (1) the person poses a serious threat to himself or | 3 | | herself or to others;
| 4 | | (2) the person is not able to communicate his or her | 5 | | needs and no
resident representative
residing in the | 6 | | establishment, and with a prior relationship to the person,
| 7 | | has been appointed to direct the provision of
services;
| 8 | | (3) the person requires total assistance with 2 or more | 9 | | activities of
daily
living;
| 10 | | (4) the person requires the assistance of more than one | 11 | | paid caregiver at
any given time
with an activity of daily | 12 | | living;
| 13 | | (5) the person requires more than minimal assistance in | 14 | | moving to a safe
area in an
emergency;
| 15 | | (6) the person has a severe mental illness, which for | 16 | | the purposes of
this Section
means a condition that is | 17 | | characterized by the presence of a major mental
disorder
as | 18 | | classified in the Diagnostic and Statistical Manual of | 19 | | Mental Disorders,
Fourth
Edition (DSM-IV) (American | 20 | | Psychiatric Association, 1994), where the individual
is | 21 | | substantially disabled due to mental illness in the areas | 22 | | of
self-maintenance,
social functioning, activities of | 23 | | community living and work skills, and the
disability
| 24 | | specified is expected to be present for a period of not | 25 | | less than one year, but
does not
mean Alzheimer's disease | 26 | | and other forms of dementia based on organic or
physical |
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| 1 | | disorders;
| 2 | | (7) the person requires intravenous therapy or | 3 | | intravenous feedings
unless self-administered or | 4 | | administered by a qualified, licensed health care
| 5 | | professional;
| 6 | | (8) the person requires gastrostomy feedings unless | 7 | | self-administered or
administered
by a licensed health | 8 | | care professional;
| 9 | | (9) the person requires insertion, sterile irrigation, | 10 | | and replacement of
catheter, except
for routine | 11 | | maintenance of urinary catheters, unless the catheter care | 12 | | is
self-administered or administered by a licensed health | 13 | | care professional;
| 14 | | (10) the person requires sterile wound care unless care | 15 | | is
self-administered or
administered by a licensed health | 16 | | care professional;
| 17 | | (11) the person requires sliding scale insulin | 18 | | administration unless
self-performed or
administered by a | 19 | | licensed health care professional;
| 20 | | (12) the person is a diabetic requiring routine insulin | 21 | | injections unless
the injections
are self-administered or | 22 | | administered by a licensed health care professional;
| 23 | | (13) the person requires treatment of stage 3 or stage | 24 | | 4 decubitus ulcers
or exfoliative
dermatitis;
| 25 | | (14) the person requires 5 or more skilled nursing | 26 | | visits per week for
conditions other
than those listed in |
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| 1 | | items (13) and (15) of this subsection for a
period of 3
| 2 | | consecutive weeks or more except when the course of | 3 | | treatment is expected to
extend beyond a 3 week period for | 4 | | rehabilitative purposes and is certified as
temporary by a | 5 | | physician; or
| 6 | | (15) other reasons prescribed by the Department by | 7 | | rule.
| 8 | | (d) A resident with a condition listed in items (1) through | 9 | | (15) of
subsection (c) shall have
his or her residency | 10 | | terminated.
| 11 | | (e) Residency shall be terminated when services available | 12 | | to the resident
in
the establishment
are no longer adequate to | 13 | | meet the needs of the resident. This provision shall
not
be | 14 | | interpreted as
limiting the authority of the Department to | 15 | | require the residency termination
of individuals.
| 16 | | (f) Subsection (d) of this Section shall not apply to
| 17 | | terminally
ill residents who
receive or would qualify for | 18 | | hospice care and such care is coordinated by
a hospice program | 19 | | licensed
under the Hospice
Program
Licensing Act or other | 20 | | licensed health care professional employed by a
licensed home | 21 | | health
agency and the establishment and all parties agree to | 22 | | the continued residency.
| 23 | | (g) Items (3), (4), (5), and (9) of subsection (c) shall | 24 | | not apply to
a quadriplegic, paraplegic, or
individual with | 25 | | neuro-muscular diseases, such as muscular dystrophy and
| 26 | | multiple
sclerosis, or other chronic diseases and conditions as |
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| 1 | | defined by rule if the
individual is able
to communicate his or | 2 | | her needs and does not require assistance with complex
medical
| 3 | | problems, and the establishment is able to accommodate the | 4 | | individual's needs.
The Department shall prescribe rules | 5 | | pursuant to this Section that address
special safety and | 6 | | service needs of these individuals.
| 7 | | (h) For the purposes of items (7) through (10) of | 8 | | subsection (c), a
licensed health care professional may not
be | 9 | | employed by the owner or operator of the establishment, its | 10 | | parent entity,
or any other entity with ownership common to | 11 | | either the owner or operator of
the establishment or parent | 12 | | entity, including but not limited to an affiliate
of the owner | 13 | | or operator of the establishment. Nothing in this Section is
| 14 | | meant to limit a resident's right to
choose his or her health | 15 | | care provider.
| 16 | | (i) Subsection (h) is not applicable to residents admitted | 17 | | to an assisted living establishment under a life care contract | 18 | | as defined in the Life Care Facilities Act if the life care | 19 | | facility has both an assisted living establishment and a | 20 | | skilled nursing facility. A licensed health care professional | 21 | | providing health-related or supportive services at a life care | 22 | | assisted living or shared housing establishment must be | 23 | | employed by an entity licensed by the Department under the | 24 | | Nursing Home Care Act or the Home Health, Home Services, and | 25 | | Home Nursing Agency Licensing Act.
| 26 | | (Source: P.A. 94-256, eff. 7-19-05; 94-570, eff. 8-12-05; |
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| 1 | | 95-216, eff. 8-16-07; 95-331, eff. 8-21-07.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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