Full Text of HB0425 101st General Assembly
HB0425ham001 101ST GENERAL ASSEMBLY | Rep. Sue Scherer Filed: 4/9/2019
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| 1 | | AMENDMENT TO HOUSE BILL 425
| 2 | | AMENDMENT NO. ______. Amend House Bill 425 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Nursing Home Care Act is amended by | 5 | | changing Section 3-206 as follows:
| 6 | | (210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
| 7 | | Sec. 3-206. The Department shall prescribe a curriculum for | 8 | | training
nursing assistants, habilitation aides, and child | 9 | | care aides. | 10 | | (a) No person, except a volunteer who receives no | 11 | | compensation from a
facility and is not included for the | 12 | | purpose of meeting any staffing
requirements set forth by the | 13 | | Department, shall act as a nursing assistant,
habilitation | 14 | | aide, or child care aide in a facility, nor shall any person, | 15 | | under any
other title, not licensed, certified, or registered | 16 | | to render medical care
by the Department of Financial and |
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| 1 | | Professional Regulation, assist with the
personal, medical, or | 2 | | nursing care of residents in a facility, unless such
person | 3 | | meets the following requirements:
| 4 | | (1) Be at least 16 years of age, of temperate habits | 5 | | and good moral
character, honest, reliable and | 6 | | trustworthy.
| 7 | | (2) Be able to speak and understand the English | 8 | | language or a language
understood by a substantial | 9 | | percentage of the facility's residents.
| 10 | | (3) Provide evidence of employment or occupation, if | 11 | | any, and residence
for 2 years prior to his present | 12 | | employment.
| 13 | | (4) Have completed at least 8 years of grade school or | 14 | | provide proof of
equivalent knowledge.
| 15 | | (5) Begin a current course of training for nursing | 16 | | assistants,
habilitation aides, or child care aides, | 17 | | approved by the Department, within 45 days of initial
| 18 | | employment in the capacity of a nursing assistant, | 19 | | habilitation aide, or
child care aide
at any facility. Such | 20 | | courses of training shall be successfully completed
within | 21 | | 120 days of initial employment in the capacity of nursing | 22 | | assistant,
habilitation aide, or child care aide at a | 23 | | facility. Nursing assistants, habilitation
aides, and | 24 | | child care aides who are enrolled in approved courses in | 25 | | community
colleges or other educational institutions on a | 26 | | term, semester or trimester
basis, shall be exempt from the |
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| 1 | | 120-day completion time limit. The
Department shall adopt | 2 | | rules for such courses of training.
These rules shall | 3 | | include procedures for facilities to
carry on an approved | 4 | | course of training within the facility. The rules shall | 5 | | allow a registered nurse with a bachelor's degree and at | 6 | | least 5 years' experience as a registered nurse to teach | 7 | | seminars and training classes for nursing assistants. The | 8 | | Department shall allow an individual to satisfy the | 9 | | supervised clinical experience requirement for placement | 10 | | on the Health Care Worker Registry under 77 Ill. Adm. Code | 11 | | 300.663 through supervised clinical experience at an | 12 | | assisted living establishment licensed under the Assisted | 13 | | Living and Shared Housing Act. The Department shall adopt | 14 | | rules requiring that the Health Care Worker Registry | 15 | | include information identifying where an individual on the | 16 | | Health Care Worker Registry received his or her clinical | 17 | | training.
| 18 | | The Department may accept comparable training in lieu | 19 | | of the 120-hour
course for student nurses, foreign nurses, | 20 | | military personnel, or employees of
the Department of Human | 21 | | Services.
| 22 | | The facility shall develop and implement procedures, | 23 | | which shall be
approved by the Department, for an ongoing | 24 | | review process, which shall take
place within the facility, | 25 | | for nursing assistants, habilitation aides, and
child care | 26 | | aides.
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| 1 | | At the time of each regularly scheduled licensure | 2 | | survey, or at the time
of a complaint investigation, the | 3 | | Department may require any nursing
assistant, habilitation | 4 | | aide, or child care aide to demonstrate, either through | 5 | | written
examination or action, or both, sufficient | 6 | | knowledge in all areas of
required training. If such | 7 | | knowledge is inadequate the Department shall
require the | 8 | | nursing assistant, habilitation aide, or child care aide to | 9 | | complete inservice
training and review in the facility | 10 | | until the nursing assistant, habilitation
aide, or child | 11 | | care aide demonstrates to the Department, either through | 12 | | written
examination or action, or both, sufficient | 13 | | knowledge in all areas of
required training.
| 14 | | (6) Be familiar with and have general skills related to | 15 | | resident care.
| 16 | | (a-0.5) An educational entity, other than a secondary | 17 | | school, conducting a
nursing assistant, habilitation aide, or | 18 | | child care aide
training program
shall initiate a criminal | 19 | | history record check in accordance with the Health Care Worker | 20 | | Background Check Act prior to entry of an
individual into the | 21 | | training program.
A secondary school may initiate a criminal | 22 | | history record check in accordance with the Health Care Worker | 23 | | Background Check Act at any time during or after a training | 24 | | program.
| 25 | | (a-1) Nursing assistants, habilitation aides, or child | 26 | | care aides seeking to be included on the Health Care Worker |
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| 1 | | Registry under the Health Care Worker Background Check Act on | 2 | | or
after January 1, 1996 must authorize the Department of | 3 | | Public Health or its
designee
to request a criminal history | 4 | | record check in accordance with the Health Care Worker | 5 | | Background Check Act and submit all necessary
information. An | 6 | | individual may not newly be included on the Health Care Worker | 7 | | Registry unless a criminal history record check has been | 8 | | conducted with respect to the individual.
| 9 | | (b) Persons subject to this Section shall perform their | 10 | | duties under the
supervision of a licensed nurse.
| 11 | | (c) It is unlawful for any facility to employ any person in | 12 | | the capacity
of nursing assistant, habilitation aide, or child | 13 | | care aide, or under any other title, not
licensed by the State | 14 | | of Illinois to assist in the personal, medical, or
nursing care | 15 | | of residents in such facility unless such person has complied
| 16 | | with this Section.
| 17 | | (d) Proof of compliance by each employee with the | 18 | | requirements set out
in this Section shall be maintained for | 19 | | each such employee by each facility
in the individual personnel | 20 | | folder of the employee. Proof of training shall be obtained | 21 | | only from the Health Care Worker Registry.
| 22 | | (e) Each facility shall obtain access to the Health Care | 23 | | Worker Registry's web application, maintain the employment and | 24 | | demographic information relating to each employee, and verify | 25 | | by the category and type of employment that
each employee | 26 | | subject to this Section meets all the requirements of this
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| 1 | | Section.
| 2 | | (f) Any facility that is operated under Section 3-803 shall | 3 | | be
exempt
from the requirements of this Section.
| 4 | | (g) Each skilled nursing and intermediate care facility | 5 | | that
admits
persons who are diagnosed as having Alzheimer's | 6 | | disease or related
dementias shall require all nursing | 7 | | assistants, habilitation aides, or child
care aides, who did | 8 | | not receive 12 hours of training in the care and
treatment of | 9 | | such residents during the training required under paragraph
(5) | 10 | | of subsection (a), to obtain 12 hours of in-house training in | 11 | | the care
and treatment of such residents. If the facility does | 12 | | not provide the
training in-house, the training shall be | 13 | | obtained from other facilities,
community colleges or other | 14 | | educational institutions that have a
recognized course for such | 15 | | training. The Department shall, by rule,
establish a recognized | 16 | | course for such training. The Department's rules shall provide | 17 | | that such
training may be conducted in-house at each facility | 18 | | subject to the
requirements of this subsection, in which case | 19 | | such training shall be
monitored by the Department.
| 20 | | The Department's rules shall also provide for | 21 | | circumstances and procedures
whereby any person who has | 22 | | received training that meets
the
requirements of this | 23 | | subsection shall not be required to undergo additional
training | 24 | | if he or she is transferred to or obtains employment at a
| 25 | | different facility or a facility other than a long-term care | 26 | | facility but remains continuously employed for pay as a nursing |
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| 1 | | assistant,
habilitation aide, or child care aide. Individuals
| 2 | | who have performed no nursing or nursing-related services
for a | 3 | | period of 24 consecutive months shall be listed as "inactive"
| 4 | | and as such do not meet the requirements of this Section. | 5 | | Licensed sheltered care facilities
shall be
exempt from the | 6 | | requirements of this Section.
| 7 | | (Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17; | 8 | | 100-863, eff. 8-14-18.)
| 9 | | Section 10. The MC/DD Act is amended by changing Section | 10 | | 3-206 as follows: | 11 | | (210 ILCS 46/3-206)
| 12 | | Sec. 3-206. Curriculum for training nursing assistants and | 13 | | aides. The Department shall prescribe a curriculum for training | 14 | | nursing assistants, habilitation aides, and child care aides. | 15 | | (a) No person, except a volunteer who receives no | 16 | | compensation from a facility and is not included for the | 17 | | purpose of meeting any staffing requirements set forth by the | 18 | | Department, shall act as a nursing assistant, habilitation | 19 | | aide, or child care aide in a facility, nor shall any person, | 20 | | under any other title, not licensed, certified, or registered | 21 | | to render medical care by the Department of Financial and | 22 | | Professional Regulation, assist with the personal, medical, or | 23 | | nursing care of residents in a facility, unless such person | 24 | | meets the following requirements: |
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| 1 | | (1) Be at least 16 years of age, of temperate habits
| 2 | | and good moral character, honest, reliable and | 3 | | trustworthy. | 4 | | (2) Be able to speak and understand the English
| 5 | | language or a language understood by a substantial | 6 | | percentage of the facility's residents. | 7 | | (3) Provide evidence of employment or occupation, if
| 8 | | any, and residence for 2 years prior to his or her present | 9 | | employment. | 10 | | (4) Have completed at least 8 years of grade school
or | 11 | | provide proof of equivalent knowledge. | 12 | | (5) Begin a current course of training for nursing
| 13 | | assistants, habilitation aides, or child care aides, | 14 | | approved by the Department, within 45 days of initial | 15 | | employment in the capacity of a nursing assistant, | 16 | | habilitation aide, or child care aide at any facility. Such | 17 | | courses of training shall be successfully completed within | 18 | | 120 days of initial employment in the capacity of nursing | 19 | | assistant, habilitation aide, or child care aide at a | 20 | | facility. Nursing assistants, habilitation aides, and | 21 | | child care aides who are enrolled in approved courses in | 22 | | community colleges or other educational institutions on a | 23 | | term, semester or trimester basis, shall be exempt from the | 24 | | 120-day completion time limit. The Department shall adopt | 25 | | rules for such courses of training. These rules shall | 26 | | include procedures for facilities to carry on an approved |
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| 1 | | course of training within the facility. The rules shall | 2 | | allow a registered nurse with a bachelor's degree and at | 3 | | least 5 years' experience as a registered nurse to teach | 4 | | seminars and training classes for nursing assistants. | 5 | | The Department may accept comparable training in
lieu | 6 | | of the 120-hour course for student nurses, foreign nurses, | 7 | | military personnel, or employees of the Department of Human | 8 | | Services. | 9 | | The facility shall develop and implement procedures,
| 10 | | which shall be approved by the Department, for an ongoing | 11 | | review process, which shall take place within the facility, | 12 | | for nursing assistants, habilitation aides, and child care | 13 | | aides. | 14 | | At the time of each regularly scheduled licensure
| 15 | | survey, or at the time of a complaint investigation, the | 16 | | Department may require any nursing assistant, habilitation | 17 | | aide, or child care aide to demonstrate, either through | 18 | | written examination or action, or both, sufficient | 19 | | knowledge in all areas of required training. If such | 20 | | knowledge is inadequate the Department shall require the | 21 | | nursing assistant, habilitation aide, or child care aide to | 22 | | complete inservice training and review in the facility | 23 | | until the nursing assistant, habilitation aide, or child | 24 | | care aide demonstrates to the Department, either through | 25 | | written examination or action, or both, sufficient | 26 | | knowledge in all areas of required training; and |
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| 1 | | (6) Be familiar with and have general skills related
to | 2 | | resident care. | 3 | | (a-0.5) An educational entity, other than a secondary | 4 | | school, conducting a nursing assistant, habilitation aide, or | 5 | | child care aide training program shall initiate a criminal | 6 | | history record check in accordance with the Health Care Worker | 7 | | Background Check Act prior to entry of an individual into the | 8 | | training program. A secondary school may initiate a criminal | 9 | | history record check in accordance with the Health Care Worker | 10 | | Background Check Act at any time during or after a training | 11 | | program. | 12 | | (a-1) Nursing assistants, habilitation aides, or child | 13 | | care aides seeking to be included on the Health Care Worker | 14 | | Registry under the Health Care Worker Background Check Act must | 15 | | authorize the Department of Public Health or its designee to | 16 | | request a criminal history record check in accordance with the | 17 | | Health Care Worker Background Check Act and submit all | 18 | | necessary information. An individual may not newly be included | 19 | | on the Health Care Worker Registry unless a criminal history | 20 | | record check has been conducted with respect to the individual. | 21 | | (b) Persons subject to this Section shall perform their | 22 | | duties under the supervision of a licensed nurse or other | 23 | | appropriately trained, licensed, or certified personnel. | 24 | | (c) It is unlawful for any facility to employ any person in | 25 | | the capacity of nursing assistant, habilitation aide, or child | 26 | | care aide, or under any other title, not licensed by the State |
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| 1 | | of Illinois to assist in the personal, medical, or nursing care | 2 | | of residents in such facility unless such person has complied | 3 | | with this Section. | 4 | | (d) Proof of compliance by each employee with the | 5 | | requirements set out in this Section shall be maintained for | 6 | | each such employee by each facility in the individual personnel | 7 | | folder of the employee. Proof of training shall be obtained | 8 | | only from the Health Care Worker Registry. | 9 | | (e) Each facility shall obtain access to the Health Care | 10 | | Worker Registry's web application, maintain the employment and | 11 | | demographic information relating to each employee, and verify | 12 | | by the category and type of employment that each employee | 13 | | subject to this Section meets all the requirements of this | 14 | | Section. | 15 | | (f) Any facility that is operated under Section 3-803 shall | 16 | | be exempt from the requirements of this Section. | 17 | | (g) Each skilled nursing and intermediate care facility | 18 | | that admits persons who are diagnosed as having Alzheimer's | 19 | | disease or related dementias shall require all nursing | 20 | | assistants, habilitation aides, or child care aides, who did | 21 | | not receive 12 hours of training in the care and treatment of | 22 | | such residents during the training required under paragraph (5) | 23 | | of subsection (a), to obtain 12 hours of in house training in | 24 | | the care and treatment of such residents. If the facility does | 25 | | not provide the training in house, the training shall be | 26 | | obtained from other facilities, community colleges or other |
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| 1 | | educational institutions that have a recognized course for such | 2 | | training. The Department shall, by rule, establish a recognized | 3 | | course for such training. | 4 | | The Department's rules shall provide that such training may | 5 | | be conducted in house at each facility subject to the | 6 | | requirements of this subsection, in which case such training | 7 | | shall be monitored by the Department.
The Department's rules | 8 | | shall also provide for circumstances and procedures whereby any | 9 | | person who has received training that meets the requirements of | 10 | | this subsection shall not be required to undergo additional | 11 | | training if he or she is transferred to or obtains employment | 12 | | at a different facility or a facility other than those licensed | 13 | | under this Act but remains continuously employed as a nursing | 14 | | assistant, habilitation aide, or child care aide. Individuals | 15 | | who have performed no nursing, nursing-related services, or | 16 | | habilitation services for a period of 24 consecutive months | 17 | | shall be listed as inactive and as such do not meet the | 18 | | requirements of this Section. Licensed sheltered care | 19 | | facilities shall be exempt from the requirements of this | 20 | | Section.
| 21 | | (Source: P.A. 99-180, eff. 7-29-15; 100-432, eff. 8-25-17.) | 22 | | Section 15. The ID/DD Community Care Act is amended by | 23 | | changing Section 3-206 as follows: | 24 | | (210 ILCS 47/3-206)
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| 1 | | Sec. 3-206. Curriculum for training nursing assistants and | 2 | | aides. The Department shall prescribe a curriculum for training | 3 | | nursing assistants, habilitation aides, and child care aides. | 4 | | (a) No person, except a volunteer who receives no | 5 | | compensation from a facility and is not included for the | 6 | | purpose of meeting any staffing requirements set forth by the | 7 | | Department, shall act as a nursing assistant, habilitation | 8 | | aide, or child care aide in a facility, nor shall any person, | 9 | | under any other title, not licensed, certified, or registered | 10 | | to render medical care by the Department of Financial and | 11 | | Professional Regulation, assist with the personal, medical, or | 12 | | nursing care of residents in a facility, unless such person | 13 | | meets the following requirements: | 14 | | (1) Be at least 16 years of age, of temperate habits
| 15 | | and good moral character, honest, reliable and | 16 | | trustworthy. | 17 | | (2) Be able to speak and understand the English
| 18 | | language or a language understood by a substantial | 19 | | percentage of the facility's residents. | 20 | | (3) Provide evidence of employment or occupation, if
| 21 | | any, and residence for 2 years prior to his or her present | 22 | | employment. | 23 | | (4) Have completed at least 8 years of grade school
or | 24 | | provide proof of equivalent knowledge. | 25 | | (5) Begin a current course of training for nursing
| 26 | | assistants, habilitation aides, or child care aides, |
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| 1 | | approved by the Department, within 45 days of initial | 2 | | employment in the capacity of a nursing assistant, | 3 | | habilitation aide, or child care aide at any facility. Such | 4 | | courses of training shall be successfully completed within | 5 | | 120 days of initial employment in the capacity of nursing | 6 | | assistant, habilitation aide, or child care aide at a | 7 | | facility. Nursing assistants, habilitation aides, and | 8 | | child care aides who are enrolled in approved courses in | 9 | | community colleges or other educational institutions on a | 10 | | term, semester or trimester basis, shall be exempt from the | 11 | | 120-day completion time limit. The Department shall adopt | 12 | | rules for such courses of training. These rules shall | 13 | | include procedures for facilities to carry on an approved | 14 | | course of training within the facility. The rules shall | 15 | | allow a registered nurse with a bachelor's degree and at | 16 | | least 5 years' experience as a registered nurse to teach | 17 | | seminars and training classes for nursing assistants. | 18 | | The Department may accept comparable training in
lieu | 19 | | of the 120-hour course for student nurses, foreign nurses, | 20 | | military personnel, or employees of the Department of Human | 21 | | Services. | 22 | | The facility shall develop and implement procedures,
| 23 | | which shall be approved by the Department, for an ongoing | 24 | | review process, which shall take place within the facility, | 25 | | for nursing assistants, habilitation aides, and child care | 26 | | aides. |
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| 1 | | At the time of each regularly scheduled licensure
| 2 | | survey, or at the time of a complaint investigation, the | 3 | | Department may require any nursing assistant, habilitation | 4 | | aide, or child care aide to demonstrate, either through | 5 | | written examination or action, or both, sufficient | 6 | | knowledge in all areas of required training. If such | 7 | | knowledge is inadequate the Department shall require the | 8 | | nursing assistant, habilitation aide, or child care aide to | 9 | | complete inservice training and review in the facility | 10 | | until the nursing assistant, habilitation aide, or child | 11 | | care aide demonstrates to the Department, either through | 12 | | written examination or action, or both, sufficient | 13 | | knowledge in all areas of required training; and | 14 | | (6) Be familiar with and have general skills related
to | 15 | | resident care. | 16 | | (a-0.5) An educational entity, other than a secondary | 17 | | school, conducting a nursing assistant, habilitation aide, or | 18 | | child care aide training program shall initiate a criminal | 19 | | history record check in accordance with the Health Care Worker | 20 | | Background Check Act prior to entry of an individual into the | 21 | | training program. A secondary school may initiate a criminal | 22 | | history record check in accordance with the Health Care Worker | 23 | | Background Check Act at any time during or after a training | 24 | | program. | 25 | | (a-1) Nursing assistants, habilitation aides, or child | 26 | | care aides seeking to be included on the Health Care Worker |
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| 1 | | Registry under the Health Care Worker Background Check Act must | 2 | | authorize the Department of Public Health or its designee to | 3 | | request a criminal history record check in accordance with the | 4 | | Health Care Worker Background Check Act and submit all | 5 | | necessary information. An individual may not newly be included | 6 | | on the Health Care Worker Registry unless a criminal history | 7 | | record check has been conducted with respect to the individual. | 8 | | (b) Persons subject to this Section shall perform their | 9 | | duties under the supervision of a licensed nurse or other | 10 | | appropriately trained, licensed, or certified personnel. | 11 | | (c) It is unlawful for any facility to employ any person in | 12 | | the capacity of nursing assistant, habilitation aide, or child | 13 | | care aide, or under any other title, not licensed by the State | 14 | | of Illinois to assist in the personal, medical, or nursing care | 15 | | of residents in such facility unless such person has complied | 16 | | with this Section. | 17 | | (d) Proof of compliance by each employee with the | 18 | | requirements set out in this Section shall be maintained for | 19 | | each such employee by each facility in the individual personnel | 20 | | folder of the employee. Proof of training shall be obtained | 21 | | only from the Health Care Worker Registry. | 22 | | (e) Each facility shall obtain access to the Health Care | 23 | | Worker Registry's web application, maintain the employment and | 24 | | demographic information relating to each employee, and verify | 25 | | by the category and type of employment that each employee | 26 | | subject to this Section meets all the requirements of this |
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| 1 | | Section. | 2 | | (f) Any facility that is operated under Section 3-803 shall | 3 | | be exempt from the requirements of this Section. | 4 | | (g) Each skilled nursing and intermediate care facility | 5 | | that admits persons who are diagnosed as having Alzheimer's | 6 | | disease or related dementias shall require all nursing | 7 | | assistants, habilitation aides, or child care aides, who did | 8 | | not receive 12 hours of training in the care and treatment of | 9 | | such residents during the training required under paragraph (5) | 10 | | of subsection (a), to obtain 12 hours of in house training in | 11 | | the care and treatment of such residents. If the facility does | 12 | | not provide the training in house, the training shall be | 13 | | obtained from other facilities, community colleges or other | 14 | | educational institutions that have a recognized course for such | 15 | | training. The Department shall, by rule, establish a recognized | 16 | | course for such training. | 17 | | The Department's rules shall provide that such training may | 18 | | be conducted in house at each facility subject to the | 19 | | requirements of this subsection, in which case such training | 20 | | shall be monitored by the Department.
The Department's rules | 21 | | shall also provide for circumstances and procedures whereby any | 22 | | person who has received training that meets the requirements of | 23 | | this subsection shall not be required to undergo additional | 24 | | training if he or she is transferred to or obtains employment | 25 | | at a different facility or a facility other than those licensed | 26 | | under this Act but remains continuously employed as a nursing |
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| 1 | | assistant, habilitation aide, or child care aide. Individuals | 2 | | who have performed no nursing, nursing-related services, or | 3 | | habilitation services for a period of 24 consecutive months | 4 | | shall be listed as inactive and as such do not meet the | 5 | | requirements of this Section. Licensed sheltered care | 6 | | facilities shall be exempt from the requirements of this | 7 | | Section.
| 8 | | (Source: P.A. 100-432, eff. 8-25-17.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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