Full Text of HB5000 103rd General Assembly
HB5000sam001 103RD GENERAL ASSEMBLY | Sen. Dave Syverson Filed: 5/17/2024 | | 10300HB5000sam001 | | LRB103 38511 LNS 73592 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 Sections 10, 75, and 76 as follows: | 6 | | (210 ILCS 9/10) | 7 | | Sec. 10. Definitions. For purposes of this Act: | 8 | | "Activities of daily living" means eating, dressing, | 9 | | bathing, toileting, transferring, or personal hygiene. | 10 | | "Assisted living establishment" or "establishment" means a | 11 | | home, building, residence, or any other place where sleeping | 12 | | accommodations are provided for at least 3 unrelated adults, | 13 | | at least 80% of whom are 55 years of age or older and where the | 14 | | following are provided consistent with the purposes of this | 15 | | Act: | 16 | | (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 | 7 | | the 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 | 18 | | a 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, a facility licensed under the | 3 | | Specialized Mental Health Rehabilitation Act of 2013, a | 4 | | facility licensed under the ID/DD Community Care Act, or a | 5 | | facility licensed under the MC/DD Act. However, a facility | 6 | | licensed under any of those Acts may convert distinct | 7 | | parts of the facility to assisted living. If the facility | 8 | | elects to do so, the facility shall retain the Certificate | 9 | | of Need for its nursing and sheltered care beds that were | 10 | | converted. | 11 | | (3) A hospital, sanitarium, or other institution, the | 12 | | principal activity or business of which is the diagnosis, | 13 | | care, and treatment of human illness and that is required | 14 | | to be licensed under the Hospital Licensing Act. | 15 | | (4) A facility for child care as defined in the Child | 16 | | Care Act of 1969. | 17 | | (5) A community living facility as defined in the | 18 | | Community Living Facilities Licensing Act. | 19 | | (6) A nursing home or sanitarium operated solely by | 20 | | and for persons who rely exclusively upon treatment by | 21 | | spiritual means through prayer in accordance with the | 22 | | creed or tenants of a well-recognized church or religious | 23 | | denomination. | 24 | | (7) A facility licensed by the Department of Human | 25 | | Services as a community-integrated living arrangement as | 26 | | defined in the Community-Integrated Living Arrangements |
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| 1 | | Licensure and Certification Act. | 2 | | (8) A supportive residence licensed under the | 3 | | Supportive Residences Licensing Act. | 4 | | (9) The portion of a life care facility as defined in | 5 | | the Life Care Facilities Act not licensed as an assisted | 6 | | living establishment under this Act; a life care facility | 7 | | may apply under this Act to convert sections of the | 8 | | community to assisted living. | 9 | | (10) A free-standing hospice facility licensed under | 10 | | the Hospice Program Licensing Act. | 11 | | (11) A shared housing establishment. | 12 | | (12) A supportive living facility as described in | 13 | | Section 5-5.01a of the Illinois Public Aid Code. | 14 | | "Department" means the Department of Public Health. | 15 | | "Director" means the Director of Public Health. | 16 | | "Emergency situation" means imminent danger of death or | 17 | | serious physical harm to a resident of an establishment. | 18 | | "Infection control committee" means persons, including an | 19 | | infection preventionist, who develop and implement policies | 20 | | governing control of infections and communicable diseases and | 21 | | are qualified through education, training, experience, or | 22 | | certification or a combination of such qualifications. | 23 | | "Infection preventionist" means a registered nurse who | 24 | | develops and implements policies governing control of | 25 | | infections and communicable diseases and is qualified through | 26 | | education, training, experience, or certification or a |
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| 1 | | combination of such qualifications. | 2 | | "License" means any of the following types of licenses | 3 | | issued to an applicant or licensee by the Department: | 4 | | (1) "Probationary license" means a license issued to | 5 | | an applicant or licensee that has not held a license under | 6 | | this Act prior to its application or pursuant to a license | 7 | | transfer in accordance with Section 50 of this Act. | 8 | | (2) "Regular license" means a license issued by the | 9 | | Department to an applicant or licensee that is in | 10 | | substantial compliance with this Act and any rules | 11 | | promulgated under this Act. | 12 | | "Licensee" means a person, agency, association, | 13 | | corporation, partnership, or organization that has been issued | 14 | | a license to operate an assisted living or shared housing | 15 | | establishment. | 16 | | "Licensed health care professional" means a registered | 17 | | professional nurse, an advanced practice registered nurse, a | 18 | | physician assistant, and a licensed practical nurse. | 19 | | "Mandatory services" include the following: | 20 | | (1) 3 meals per day available to the residents | 21 | | prepared by the establishment or an outside contractor; | 22 | | (2) housekeeping services including, but not limited | 23 | | to, vacuuming, dusting, and cleaning the resident's unit; | 24 | | (3) personal laundry and linen services available to | 25 | | the residents provided or arranged for by the | 26 | | establishment; |
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| 1 | | (4) security provided 24 hours each day including, but | 2 | | not limited to, locked entrances or building or contract | 3 | | security personnel; | 4 | | (5) an emergency communication response system, which | 5 | | is a procedure in place 24 hours each day by which a | 6 | | resident can notify building management, an emergency | 7 | | response vendor, or others able to respond to his or her | 8 | | need for assistance; and | 9 | | (6) assistance with activities of daily living as | 10 | | required by each resident. | 11 | | "Negotiated risk" is the process by which a resident, or | 12 | | his or her representative, may formally negotiate with | 13 | | providers what risks each are willing and unwilling to assume | 14 | | in service provision and the resident's living environment. | 15 | | The provider assures that the resident and the resident's | 16 | | representative, if any, are informed of the risks of these | 17 | | decisions and of the potential consequences of assuming these | 18 | | risks. | 19 | | "Owner" means the individual, partnership, corporation, | 20 | | association, or other person who owns an assisted living or | 21 | | shared housing establishment. In the event an assisted living | 22 | | or shared housing establishment is operated by a person who | 23 | | leases or manages the physical plant, which is owned by | 24 | | another person, "owner" means the person who operates the | 25 | | assisted living or shared housing establishment, except that | 26 | | if the person who owns the physical plant is an affiliate of |
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| 1 | | the person who operates the assisted living or shared housing | 2 | | establishment and has significant control over the day to day | 3 | | operations of the assisted living or shared housing | 4 | | establishment, the person who owns the physical plant shall | 5 | | incur jointly and severally with the owner all liabilities | 6 | | imposed on an owner under this Act. | 7 | | "Physician" means a person licensed under the Medical | 8 | | Practice Act of 1987 to practice medicine in all of its | 9 | | branches. | 10 | | "Resident" means a person residing in an assisted living | 11 | | or shared housing establishment. | 12 | | "Resident's representative" means a person, other than the | 13 | | owner, agent, or employee of an establishment or of the health | 14 | | care provider unless related to the resident, designated in | 15 | | writing by a resident to be his or her representative. This | 16 | | designation may be accomplished through the Illinois Power of | 17 | | Attorney Act, pursuant to the guardianship process under the | 18 | | Probate Act of 1975, or pursuant to an executed designation of | 19 | | representative form specified by the Department. | 20 | | "Self" means the individual or the individual's designated | 21 | | representative. | 22 | | "Shared housing establishment" or "establishment" means a | 23 | | publicly or privately operated free-standing residence for 16 | 24 | | or fewer persons, at least 80% of whom are 55 years of age or | 25 | | older and who are unrelated to the owners and one manager of | 26 | | the residence, where the following are provided: |
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| 1 | | (1) services consistent with a social model that is | 2 | | based on the premise that the resident's unit is his or her | 3 | | own home; | 4 | | (2) community-based residential care for persons who | 5 | | need assistance with activities of daily living, including | 6 | | housing and personal, supportive, and intermittent | 7 | | health-related services available 24 hours per day, if | 8 | | needed, to meet the scheduled and unscheduled needs of a | 9 | | resident; and | 10 | | (3) mandatory services, whether provided directly by | 11 | | the establishment or by another entity arranged for by the | 12 | | establishment, with the consent of the resident or the | 13 | | resident's representative. | 14 | | "Shared housing establishment" or "establishment" does not | 15 | | mean any of the following: | 16 | | (1) A home, institution, or similar place operated by | 17 | | the federal government or the State of Illinois. | 18 | | (2) A long term care facility licensed under the | 19 | | Nursing Home Care Act, a facility licensed under the | 20 | | Specialized Mental Health Rehabilitation Act of 2013, a | 21 | | facility licensed under the ID/DD Community Care Act, or a | 22 | | facility licensed under the MC/DD Act. A facility licensed | 23 | | under any of those Acts may, however, convert sections of | 24 | | the facility to assisted living. If the facility elects to | 25 | | do so, the facility shall retain the Certificate of Need | 26 | | for its nursing beds that were converted. |
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| 1 | | (3) A hospital, sanitarium, or other institution, the | 2 | | principal activity or business of which is the diagnosis, | 3 | | care, and treatment of human illness and that is required | 4 | | to be licensed under the Hospital Licensing Act. | 5 | | (4) A facility for child care as defined in the Child | 6 | | Care Act of 1969. | 7 | | (5) A community living facility as defined in the | 8 | | Community Living Facilities Licensing Act. | 9 | | (6) A nursing home or sanitarium operated solely by | 10 | | and for persons who rely exclusively upon treatment by | 11 | | spiritual means through prayer in accordance with the | 12 | | creed or tenants of a well-recognized church or religious | 13 | | denomination. | 14 | | (7) A facility licensed by the Department of Human | 15 | | Services as a community-integrated living arrangement as | 16 | | defined in the Community-Integrated Living Arrangements | 17 | | Licensure and Certification Act. | 18 | | (8) A supportive residence licensed under the | 19 | | Supportive Residences Licensing Act. | 20 | | (9) A life care facility as defined in the Life Care | 21 | | Facilities Act; a life care facility may apply under this | 22 | | Act to convert sections of the community to assisted | 23 | | living. | 24 | | (10) A free-standing hospice facility licensed under | 25 | | the Hospice Program Licensing Act. | 26 | | (11) An assisted living establishment. |
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| 1 | | (12) A supportive living facility as described in | 2 | | Section 5-5.01a of the Illinois Public Aid Code. | 3 | | "Total assistance" means that staff or another individual | 4 | | performs the entire activity of daily living without | 5 | | participation by the resident. | 6 | | (Source: P.A. 99-180, eff. 7-29-15; 100-513, eff. 1-1-18 .) | 7 | | (210 ILCS 9/75) | 8 | | Sec. 75. Residency requirements. | 9 | | (a) No individual shall be accepted for residency or | 10 | | remain in residence if the establishment cannot provide or | 11 | | secure appropriate services, if the individual requires a | 12 | | level of service or type of service for which the | 13 | | establishment is not licensed or which the establishment does | 14 | | not provide, or if the establishment does not have the staff | 15 | | appropriate in numbers and with appropriate skill to provide | 16 | | such services. | 17 | | (b) Only adults may be accepted for residency. | 18 | | (c) A person shall not be accepted for residency if: | 19 | | (1) the person poses a serious threat to himself or | 20 | | herself or to others; | 21 | | (2) the person is not able to communicate his or her | 22 | | needs and no resident representative residing in the | 23 | | establishment, and with a prior relationship to the | 24 | | person, has been appointed to direct the provision of | 25 | | services; |
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| 1 | | (3) the person requires total assistance with 2 or | 2 | | more activities of daily living; | 3 | | (4) the person requires the assistance of more than | 4 | | one paid caregiver at any given time with an activity of | 5 | | daily living; | 6 | | (5) the person requires more than minimal assistance | 7 | | in moving to a safe area in an emergency; | 8 | | (6) the person has a severe mental illness, which for | 9 | | the purposes of this Section means a condition that is | 10 | | characterized by the presence of a major mental disorder | 11 | | as classified in the Diagnostic and Statistical Manual of | 12 | | Mental Disorders, Fourth Edition (DSM-IV) (American | 13 | | Psychiatric Association, 1994), where the individual is a | 14 | | person with a substantial disability due to mental illness | 15 | | in the areas of self-maintenance, social functioning, | 16 | | activities of community living and work skills, and the | 17 | | disability specified is expected to be present for a | 18 | | period of not less than one year, but does not mean | 19 | | Alzheimer's disease and other forms of dementia based on | 20 | | organic or physical disorders; | 21 | | (7) the person requires intravenous therapy or | 22 | | intravenous feedings unless self-administered or | 23 | | administered by a qualified, licensed health care | 24 | | professional; | 25 | | (8) the person requires gastrostomy feedings unless | 26 | | self-administered or administered by a licensed health |
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| 1 | | care professional; | 2 | | (9) the person requires insertion, sterile irrigation, | 3 | | and replacement of catheter, except for routine | 4 | | maintenance of urinary catheters, unless the catheter care | 5 | | is self-administered or administered by a licensed health | 6 | | care professional or a nurse in compliance with education, | 7 | | certification, and training in catheter care or infection | 8 | | control by the Centers for Disease Control and Prevention | 9 | | with oversight from an infection preventionist or | 10 | | infection control committee ; | 11 | | (10) the person requires sterile wound care unless | 12 | | care is self-administered or administered by a licensed | 13 | | health care professional; | 14 | | (11) (blank); | 15 | | (12) the person is a diabetic requiring routine | 16 | | insulin injections unless the injections are | 17 | | self-administered or administered by a licensed health | 18 | | care professional; | 19 | | (13) the person requires treatment of stage 3 or stage | 20 | | 4 decubitus ulcers or exfoliative dermatitis; | 21 | | (14) the person requires 5 or more skilled nursing | 22 | | visits per week for conditions other than those listed in | 23 | | items (13) and (15) of this subsection for a period of 3 | 24 | | consecutive weeks or more except when the course of | 25 | | treatment is expected to extend beyond a 3 week period for | 26 | | rehabilitative purposes and is certified as temporary by a |
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| 1 | | physician; or | 2 | | (15) other reasons prescribed by the Department by | 3 | | rule. | 4 | | (d) A resident with a condition listed in items (1) | 5 | | through (15) of subsection (c) shall have his or her residency | 6 | | terminated. | 7 | | (e) Residency shall be terminated when services available | 8 | | to the resident in the establishment are no longer adequate to | 9 | | meet the needs of the resident. This provision shall not be | 10 | | interpreted as limiting the authority of the Department to | 11 | | require the residency termination of individuals. | 12 | | (f) Subsection (d) of this Section shall not apply to | 13 | | terminally ill residents who receive or would qualify for | 14 | | hospice care and such care is coordinated by a hospice program | 15 | | licensed under the Hospice Program Licensing Act or other | 16 | | licensed health care professional employed by a licensed home | 17 | | health agency and the establishment and all parties agree to | 18 | | the continued residency. | 19 | | (g) Items (3), (4), (5), and (9) of subsection (c) shall | 20 | | not apply to a quadriplegic, paraplegic, or individual with | 21 | | neuro-muscular diseases, such as muscular dystrophy and | 22 | | multiple sclerosis, or other chronic diseases and conditions | 23 | | as defined by rule if the individual is able to communicate his | 24 | | or her needs and does not require assistance with complex | 25 | | medical problems, and the establishment is able to accommodate | 26 | | the individual's needs. The Department shall prescribe rules |
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| 1 | | pursuant to this Section that address special safety and | 2 | | service needs of these individuals. | 3 | | (h) For the purposes of items (7) through (10) of | 4 | | subsection (c), a licensed health care professional may not be | 5 | | employed by the owner or operator of the establishment, its | 6 | | parent entity, or any other entity with ownership common to | 7 | | either the owner or operator of the establishment or parent | 8 | | entity, including but not limited to an affiliate of the owner | 9 | | or operator of the establishment. Nothing in this Section is | 10 | | meant to limit a resident's right to choose his or her health | 11 | | care provider. | 12 | | (i) Subsection (h) is not applicable to residents admitted | 13 | | to an assisted living establishment under a life care contract | 14 | | as defined in the Life Care Facilities Act if the life care | 15 | | facility has both an assisted living establishment and a | 16 | | skilled nursing facility. A licensed health care professional | 17 | | providing health-related or supportive services at a life care | 18 | | assisted living or shared housing establishment must be | 19 | | employed by an entity licensed by the Department under the | 20 | | Nursing Home Care Act or the Home Health, Home Services, and | 21 | | Home Nursing Agency Licensing Act. | 22 | | (Source: P.A. 103-444, eff. 1-1-24 .) | 23 | | (210 ILCS 9/76) | 24 | | Sec. 76. Vaccinations. | 25 | | (a) Before a prospective resident's admission to an |
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| 1 | | assisted living establishment or shared housing establishment | 2 | | that does not provide medication administration as an optional | 3 | | service, the establishment shall advise the prospective | 4 | | resident to consult a physician to determine whether the | 5 | | prospective resident should obtain a vaccination against | 6 | | pneumococcal pneumonia or influenza, or both. | 7 | | (b) An assisted living establishment or shared housing | 8 | | establishment that provides medication administration as an | 9 | | optional service shall annually administer or arrange for | 10 | | administration of a vaccination against influenza to each | 11 | | resident, in accordance with the recommendations of the | 12 | | Advisory Committee on Immunization Practices of the Centers | 13 | | for Disease Control and Prevention that are most recent to the | 14 | | time of vaccination, unless the vaccination is medically | 15 | | contraindicated or the resident has refused the vaccine. | 16 | | Influenza vaccinations for all residents age 65 or over shall | 17 | | be completed by November 30 of each year or as soon as | 18 | | practicable if vaccine supplies are not available before | 19 | | November 1. Residents admitted after November 30, during the | 20 | | flu season, and until February 1 shall, as medically | 21 | | appropriate, receive an influenza vaccination prior to or upon | 22 | | admission or as soon as practicable if vaccine supplies are | 23 | | not available at the time of the admission, unless the vaccine | 24 | | is medically contraindicated or the resident has refused the | 25 | | vaccine. In the event that the Advisory Committee on | 26 | | Immunization Practices of the Centers for Disease Control and |
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| 1 | | Prevention determines that dates of administration other than | 2 | | those stated in this Section are optimal to protect the health | 3 | | of residents, the Department is authorized to adopt rules to | 4 | | require vaccinations at those times rather than the times | 5 | | stated in this Section. An establishment shall document in the | 6 | | resident's medication record that an annual vaccination | 7 | | against influenza was administered, arranged, refused, or | 8 | | medically contraindicated. | 9 | | An assisted living establishment or shared housing | 10 | | establishment that provides medication administration as an | 11 | | optional service shall administer or arrange for | 12 | | administration of a pneumococcal vaccination to each resident | 13 | | who is age 65 or over, in accordance with the recommendations | 14 | | of the Advisory Committee on Immunization Practices of the | 15 | | Centers for Disease Control and Prevention, who has not | 16 | | received this immunization prior to or upon admission to the | 17 | | establishment, unless the resident refuses the offer for | 18 | | vaccination or the vaccination is medically contraindicated. | 19 | | An establishment shall document in each resident's medication | 20 | | record that a vaccination against pneumococcal pneumonia was | 21 | | offered and administered, arranged, refused, or medically | 22 | | contraindicated. | 23 | | An assisted living establishment or shared housing | 24 | | establishment that provides catheter care to one or more | 25 | | residents shall designate at least one person as an Infection | 26 | | Prevention and Control Professional to develop and implement |
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| 1 | | policies governing control of infections and communicable | 2 | | diseases. The Infection Prevention and Control Professionals | 3 | | shall be qualified through education, training, experience, or | 4 | | certification or a combination of such qualifications. The | 5 | | Infection Prevention and Control Professional's qualifications | 6 | | shall be documented and shall be made available for inspection | 7 | | by the Department. The Department shall adopt rules to | 8 | | implement the changes made by this amendatory Act of the 103rd | 9 | | General Assembly. | 10 | | (Source: P.A. 93-1003, eff. 8-23-04; 94-429, eff. 8-2-05.) | 11 | | Section 99. Effective date. This Act takes effect July 1, | 12 | | 2025.". |
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