Full Text of HB5000 103rd General Assembly
HB5000ham002 103RD GENERAL ASSEMBLY | Rep. Norine K. Hammond Filed: 4/5/2024 | | 10300HB5000ham002 | | LRB103 38511 CES 71872 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5000
| 2 | | AMENDMENT NO. ______. Amend House Bill 5000 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 Section 75 as follows: | 6 | | (210 ILCS 9/75) | 7 | | Sec. 75. Residency requirements. | 8 | | (a) No individual shall be accepted for residency or | 9 | | remain in residence if the establishment cannot provide or | 10 | | secure appropriate services, if the individual requires a | 11 | | level of service or type of service for which the | 12 | | establishment is not licensed or which the establishment does | 13 | | not provide, or if the establishment does not have the staff | 14 | | appropriate in numbers and with appropriate skill to provide | 15 | | such services. | 16 | | (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 | 7 | | person, has been appointed to direct the provision of | 8 | | services; | 9 | | (3) the person requires total assistance with 2 or | 10 | | more activities of daily living; | 11 | | (4) the person requires the assistance of more than | 12 | | one paid caregiver at any given time with an activity of | 13 | | daily living; | 14 | | (5) the person requires more than minimal assistance | 15 | | in moving to a safe area in an emergency; | 16 | | (6) the person has a severe mental illness, which for | 17 | | the purposes of this Section means a condition that is | 18 | | characterized by the presence of a major mental disorder | 19 | | as classified in the Diagnostic and Statistical Manual of | 20 | | Mental Disorders, Fourth Edition (DSM-IV) (American | 21 | | Psychiatric Association, 1994), where the individual is a | 22 | | person with a substantial disability due to mental illness | 23 | | in the areas of self-maintenance, social functioning, | 24 | | activities of community living and work skills, and the | 25 | | disability specified is expected to be present for a | 26 | | period of not less than one year, but does not mean |
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| 1 | | Alzheimer's disease and other forms of dementia based on | 2 | | organic or physical disorders; | 3 | | (7) the person requires intravenous therapy or | 4 | | intravenous feedings unless self-administered or | 5 | | administered by a qualified, licensed health care | 6 | | professional; | 7 | | (8) the person requires gastrostomy feedings unless | 8 | | self-administered or administered by a licensed health | 9 | | care professional; | 10 | | (9) (blank); the person requires insertion, sterile | 11 | | irrigation, and replacement of catheter, except for | 12 | | routine maintenance of urinary catheters, unless the | 13 | | catheter care is self-administered or administered by a | 14 | | licensed health care professional; | 15 | | (10) the person requires sterile wound care unless | 16 | | care is self-administered or administered by a licensed | 17 | | health care professional; | 18 | | (11) (blank); | 19 | | (12) the person is a diabetic requiring routine | 20 | | insulin injections unless the injections are | 21 | | self-administered or administered by a licensed health | 22 | | 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) | 9 | | through (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 |
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| 1 | | as defined by rule if the individual is able to communicate his | 2 | | or her needs and does not require assistance with complex | 3 | | medical problems, and the establishment is able to accommodate | 4 | | the 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. 103-444, eff. 1-1-24 .)". |
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