Full Text of HB5151 103rd General Assembly
HB5151sam002 103RD GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 5/24/2024 | | 10300HB5151sam002 | | LRB103 36857 LNS 74163 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 5151
| 2 | | AMENDMENT NO. ______. Amend House Bill 5151, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following: | 5 | | "Section 5. The Assisted Living and Shared Housing Act is | 6 | | amended by changing Sections 10, 15, 75, 80, 90, and 95 as | 7 | | follows: | 8 | | (210 ILCS 9/10) | 9 | | Sec. 10. Definitions. For purposes of this Act: | 10 | | "Activities of daily living" means eating, dressing, | 11 | | bathing, toileting, transferring, or personal hygiene. | 12 | | "Assisted living establishment" or "establishment" means a | 13 | | home, building, residence, or any other place where sleeping | 14 | | accommodations are provided for at least 3 unrelated adults, | 15 | | at least 80% of whom are 55 years of age or older and where the | 16 | | following are provided consistent with the purposes of this |
| | | 10300HB5151sam002 | - 2 - | LRB103 36857 LNS 74163 a |
|
| 1 | | Act: | 2 | | (1) services consistent with a social model that is | 3 | | based on the premise that the resident's unit in assisted | 4 | | living and shared housing is his or her own home; | 5 | | (2) community-based residential care for persons who | 6 | | need assistance with activities of daily living, including | 7 | | personal, supportive, and intermittent health-related | 8 | | services available 24 hours per day, if needed, to meet | 9 | | the scheduled and unscheduled needs of a resident; | 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 | 13 | | resident's representative; and | 14 | | (4) a physical environment that is a homelike setting | 15 | | that includes the following and such other elements as | 16 | | established by the Department: individual living units | 17 | | each of which shall accommodate small kitchen appliances | 18 | | and contain private bathing, washing, and toilet | 19 | | facilities, or private washing and toilet facilities with | 20 | | a common bathing room readily accessible to each resident. | 21 | | Units shall be maintained for single occupancy except in | 22 | | cases in which 2 residents choose to share a unit. | 23 | | Sufficient common space shall exist to permit individual | 24 | | and group activities. | 25 | | "Assisted living establishment" or "establishment" does | 26 | | not mean any of the following: |
| | | 10300HB5151sam002 | - 3 - | LRB103 36857 LNS 74163 a |
|
| 1 | | (1) A home, institution, or similar place operated by | 2 | | the federal government or the State of Illinois. | 3 | | (2) A long term care facility licensed under the | 4 | | Nursing Home Care Act, a facility licensed under the | 5 | | Specialized Mental Health Rehabilitation Act of 2013, a | 6 | | facility licensed under the ID/DD Community Care Act, or a | 7 | | facility licensed under the MC/DD Act. However, a facility | 8 | | licensed under any of those Acts may convert distinct | 9 | | parts of the facility to assisted living. If the facility | 10 | | elects to do so, the facility shall retain the Certificate | 11 | | of Need for its nursing and sheltered care beds that were | 12 | | converted. | 13 | | (3) A hospital, sanitarium, or other institution, the | 14 | | principal activity or business of which is the diagnosis, | 15 | | care, and treatment of human illness and that is required | 16 | | to be licensed under the Hospital Licensing Act. | 17 | | (4) A facility for child care as defined in the Child | 18 | | Care Act of 1969. | 19 | | (5) A community living facility as defined in the | 20 | | Community Living Facilities Licensing Act. | 21 | | (6) A nursing home or sanitarium operated solely by | 22 | | and for persons who rely exclusively upon treatment by | 23 | | spiritual means through prayer in accordance with the | 24 | | creed or tenants of a well-recognized church or religious | 25 | | denomination. | 26 | | (7) A facility licensed by the Department of Human |
| | | 10300HB5151sam002 | - 4 - | LRB103 36857 LNS 74163 a |
|
| 1 | | Services as a community-integrated living arrangement as | 2 | | defined in the Community-Integrated Living Arrangements | 3 | | Licensure and Certification Act. | 4 | | (8) A supportive residence licensed under the | 5 | | Supportive Residences Licensing Act. | 6 | | (9) The portion of a life care facility as defined in | 7 | | the Life Care Facilities Act not licensed as an assisted | 8 | | living establishment under this Act; a life care facility | 9 | | may apply under this Act to convert sections of the | 10 | | community to assisted living. | 11 | | (10) A free-standing hospice facility licensed under | 12 | | the Hospice Program Licensing Act. | 13 | | (11) A shared housing establishment. | 14 | | (12) A supportive living facility as described in | 15 | | Section 5-5.01a of the Illinois Public Aid Code. | 16 | | "Department" means the Department of Public Health. | 17 | | "Director" means the Director of Public Health. | 18 | | "Emergency situation" means imminent danger of death or | 19 | | serious physical harm to a resident of an establishment. | 20 | | "License" means any of the following types of licenses | 21 | | issued to an applicant or licensee by the Department: | 22 | | (1) "Probationary license" means a license issued to | 23 | | an applicant or licensee that has not held a license under | 24 | | this Act prior to its application or pursuant to a license | 25 | | transfer in accordance with Section 50 of this Act. | 26 | | (2) "Regular license" means a license issued by the |
| | | 10300HB5151sam002 | - 5 - | LRB103 36857 LNS 74163 a |
|
| 1 | | Department to an applicant or licensee that is in | 2 | | substantial compliance with this Act and any rules | 3 | | promulgated under this Act. | 4 | | "Licensee" means a person, agency, association, | 5 | | corporation, partnership, or organization that has been issued | 6 | | a license to operate an assisted living or shared housing | 7 | | establishment. | 8 | | "Licensed health care professional" means a registered | 9 | | professional nurse, an advanced practice registered nurse, a | 10 | | physician assistant, and a licensed practical nurse. | 11 | | "Mandatory services" include the following: | 12 | | (1) 3 meals per day available to the residents | 13 | | prepared 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 |
| | | 10300HB5151sam002 | - 6 - | LRB103 36857 LNS 74163 a |
|
| 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. | 7 | | The 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 | 16 | | another person, "owner" means the person who operates the | 17 | | assisted living or shared housing establishment, except that | 18 | | if the person who owns the physical plant is an affiliate of | 19 | | the 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 |
| | | 10300HB5151sam002 | - 7 - | LRB103 36857 LNS 74163 a |
|
| 1 | | branches. | 2 | | "Resident" means a person residing in an assisted living | 3 | | or 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 or a court to be his or her | 8 | | representative. This designation may be accomplished through | 9 | | the Illinois Power of Attorney Act, pursuant to the | 10 | | guardianship process under the Probate Act of 1975, or | 11 | | pursuant to an executed designation of representative form | 12 | | specified by the Department. | 13 | | "Self" means the individual or the individual's designated | 14 | | representative. | 15 | | "Shared housing establishment" or "establishment" means a | 16 | | publicly or privately operated free-standing residence for 16 | 17 | | or fewer persons, at least 80% of whom are 55 years of age or | 18 | | older and who are unrelated to the owners and one manager of | 19 | | the residence, where the following are provided: | 20 | | (1) services consistent with a social model that is | 21 | | based on the premise that the resident's unit is his or her | 22 | | own home; | 23 | | (2) community-based residential care for persons who | 24 | | need assistance with activities of daily living, including | 25 | | housing and personal, supportive, and intermittent | 26 | | health-related services available 24 hours per day, if |
| | | 10300HB5151sam002 | - 8 - | LRB103 36857 LNS 74163 a |
|
| 1 | | needed, to meet the scheduled and unscheduled needs of a | 2 | | resident; and | 3 | | (3) mandatory services, whether provided directly by | 4 | | the establishment or by another entity arranged for by the | 5 | | establishment, with the consent of the resident or the | 6 | | resident's representative. | 7 | | "Shared housing establishment" or "establishment" does not | 8 | | mean any of the following: | 9 | | (1) A home, institution, or similar place operated by | 10 | | the federal government or the State of Illinois. | 11 | | (2) A long term care facility licensed under the | 12 | | Nursing Home Care Act, a facility licensed under the | 13 | | Specialized Mental Health Rehabilitation Act of 2013, a | 14 | | facility licensed under the ID/DD Community Care Act, or a | 15 | | facility licensed under the MC/DD Act. A facility licensed | 16 | | under any of those Acts may, however, convert sections of | 17 | | the facility to assisted living. If the facility elects to | 18 | | do so, the facility shall retain the Certificate of Need | 19 | | for its nursing beds that were converted. | 20 | | (3) A hospital, sanitarium, or other institution, the | 21 | | principal activity or business of which is the diagnosis, | 22 | | care, and treatment of human illness and that is required | 23 | | to be licensed under the Hospital Licensing Act. | 24 | | (4) A facility for child care as defined in the Child | 25 | | Care Act of 1969. | 26 | | (5) A community living facility as defined in the |
| | | 10300HB5151sam002 | - 9 - | LRB103 36857 LNS 74163 a |
|
| 1 | | Community Living Facilities Licensing Act. | 2 | | (6) A nursing home or sanitarium operated solely by | 3 | | and for persons who rely exclusively upon treatment by | 4 | | spiritual means through prayer in accordance with the | 5 | | creed or tenants of a well-recognized church or religious | 6 | | denomination. | 7 | | (7) A facility licensed by the Department of Human | 8 | | Services as a community-integrated living arrangement as | 9 | | defined in the Community-Integrated Living Arrangements | 10 | | Licensure and Certification Act. | 11 | | (8) A supportive residence licensed under the | 12 | | Supportive Residences Licensing Act. | 13 | | (9) A life care facility as defined in the Life Care | 14 | | Facilities Act; a life care facility may apply under this | 15 | | Act to convert sections of the community to assisted | 16 | | living. | 17 | | (10) A free-standing hospice facility licensed under | 18 | | the Hospice Program Licensing Act. | 19 | | (11) An assisted living establishment. | 20 | | (12) A supportive living facility as described in | 21 | | Section 5-5.01a of the Illinois Public Aid Code. | 22 | | "Total assistance" means that staff or another individual | 23 | | performs the entire activity of daily living without | 24 | | participation by the resident. | 25 | | (Source: P.A. 99-180, eff. 7-29-15; 100-513, eff. 1-1-18 .) |
| | | 10300HB5151sam002 | - 10 - | LRB103 36857 LNS 74163 a |
|
| 1 | | (210 ILCS 9/15) | 2 | | Sec. 15. Assessment and service plan requirements. Prior | 3 | | to admission to any establishment covered by this Act, a | 4 | | comprehensive assessment that includes an evaluation of the | 5 | | prospective resident's physical, cognitive, and psychosocial | 6 | | condition shall be completed. At least annually, a | 7 | | comprehensive assessment shall be completed, and upon | 8 | | identification of a significant change in the resident's | 9 | | condition, including, but not limited to, a diagnosis of | 10 | | Alzheimer's disease or a related dementia, the resident shall | 11 | | be reassessed. The Department may by rule specify | 12 | | circumstances under which more frequent assessments of skin | 13 | | integrity and nutritional status shall be required. The | 14 | | comprehensive assessment shall be completed by a physician. | 15 | | Based on the assessment, the resident's interests and | 16 | | preferences, dislikes, and any known triggers for behavior | 17 | | that endangers the resident or others, a written service plan | 18 | | shall be developed and mutually agreed upon by the provider , | 19 | | and the resident , and the resident's representative, if any . | 20 | | The service plan, which shall be reviewed annually, or more | 21 | | often as the resident's condition, preferences, or service | 22 | | needs change, shall serve as a basis for the service delivery | 23 | | contract between the provider and the resident. The resident | 24 | | and the resident's representative, if any, shall, upon | 25 | | request, be given a copy of the most recent assessment; a | 26 | | supplemental assessment, if any, completed by the |
| | | 10300HB5151sam002 | - 11 - | LRB103 36857 LNS 74163 a |
|
| 1 | | establishment; and a service plan. Based on the assessment, | 2 | | the service plan may provide for the disconnection or removal | 3 | | of any appliance. | 4 | | (Source: P.A. 91-656, eff. 1-1-01.) | 5 | | (210 ILCS 9/75) | 6 | | Sec. 75. Residency requirements. | 7 | | (a) No individual shall be accepted for residency or | 8 | | remain in residence if the establishment cannot provide or | 9 | | secure appropriate services, if the individual requires a | 10 | | level of service or type of service for which the | 11 | | establishment is not licensed or which the establishment does | 12 | | not provide, or if the establishment does not have the staff | 13 | | appropriate in numbers and with appropriate skill to provide | 14 | | such services. | 15 | | (b) Only adults may be accepted for residency. | 16 | | (c) A person shall not be accepted for residency if: | 17 | | (1) the person poses a serious threat to himself or | 18 | | herself or to others; | 19 | | (2) the person is not able to communicate his or her | 20 | | needs and no resident representative residing in the | 21 | | establishment, and with a prior relationship to the | 22 | | person, has been appointed to direct the provision of | 23 | | services; | 24 | | (3) the person requires total assistance with 2 or | 25 | | more activities of daily living; |
| | | 10300HB5151sam002 | - 12 - | LRB103 36857 LNS 74163 a |
|
| 1 | | (4) the person requires the assistance of more than | 2 | | one paid caregiver at any given time with an activity of | 3 | | daily living; | 4 | | (5) the person requires more than minimal assistance | 5 | | in moving to a safe area in an emergency; | 6 | | (6) the person has a severe mental illness, which for | 7 | | the purposes of this Section means a condition that is | 8 | | characterized by the presence of a major mental disorder | 9 | | as classified in the Diagnostic and Statistical Manual of | 10 | | Mental Disorders, Fourth Edition (DSM-IV) (American | 11 | | Psychiatric Association, 1994), where the individual is a | 12 | | person with a substantial disability due to mental illness | 13 | | in the areas of self-maintenance, social functioning, | 14 | | activities of community living and work skills, and the | 15 | | disability specified is expected to be present for a | 16 | | period of not less than one year, but does not mean | 17 | | Alzheimer's disease and other forms of dementia based on | 18 | | organic or physical disorders; | 19 | | (7) the person requires intravenous therapy or | 20 | | intravenous feedings unless self-administered or | 21 | | administered by a qualified, licensed health care | 22 | | professional; | 23 | | (8) the person requires gastrostomy feedings unless | 24 | | self-administered or administered by a licensed health | 25 | | care professional; | 26 | | (9) the person requires insertion, sterile irrigation, |
| | | 10300HB5151sam002 | - 13 - | LRB103 36857 LNS 74163 a |
|
| 1 | | and replacement of catheter, except for routine | 2 | | maintenance of urinary catheters, unless the catheter care | 3 | | is self-administered or administered by a licensed health | 4 | | care professional; | 5 | | (10) the person requires sterile wound care unless | 6 | | care is self-administered or administered by a licensed | 7 | | health care professional; | 8 | | (11) (blank); | 9 | | (12) the person is a diabetic requiring routine | 10 | | insulin injections unless the injections are | 11 | | self-administered or administered by a licensed health | 12 | | care professional; | 13 | | (13) the person requires treatment of stage 3 or stage | 14 | | 4 decubitus ulcers or exfoliative dermatitis; | 15 | | (14) the person requires 5 or more skilled nursing | 16 | | visits per week for conditions other than those listed in | 17 | | items (13) and (15) of this subsection for a period of 3 | 18 | | consecutive weeks or more except when the course of | 19 | | treatment is expected to extend beyond a 3-week 3 week | 20 | | period for rehabilitative purposes and is certified as | 21 | | temporary by a physician; or | 22 | | (15) other reasons prescribed by the Department by | 23 | | rule. | 24 | | (d) A resident with a condition listed in items (1) | 25 | | through (15) of subsection (c) shall have his or her residency | 26 | | terminated. |
| | | 10300HB5151sam002 | - 14 - | LRB103 36857 LNS 74163 a |
|
| 1 | | (e) Residency shall be terminated when services available | 2 | | to the resident in the establishment are no longer adequate to | 3 | | meet the needs of the resident. The establishment shall notify | 4 | | the resident and the resident's representative, if any, when | 5 | | there is a significant change in the resident's condition that | 6 | | affects the establishment's ability to meet the resident's | 7 | | needs. The requirements of subsection (c) of Section 80 shall | 8 | | then apply. This provision shall not be interpreted as | 9 | | limiting the authority of the Department to require the | 10 | | residency termination of individuals. | 11 | | (f) Subsection (d) of this Section shall not apply to | 12 | | terminally ill residents who receive or would qualify for | 13 | | hospice care and such care is coordinated by a hospice program | 14 | | licensed under the Hospice Program Licensing Act or other | 15 | | licensed health care professional employed by a licensed home | 16 | | health agency and the establishment and all parties agree to | 17 | | the continued residency. | 18 | | (g) Items (3), (4), (5), and (9) of subsection (c) shall | 19 | | not apply to a quadriplegic, paraplegic, or individual with | 20 | | neuro-muscular diseases, such as muscular dystrophy and | 21 | | multiple sclerosis, or other chronic diseases and conditions | 22 | | as defined by rule if the individual is able to communicate his | 23 | | or her needs and does not require assistance with complex | 24 | | medical problems, and the establishment is able to accommodate | 25 | | the individual's needs. The Department shall prescribe rules | 26 | | pursuant to this Section that address special safety and |
| | | 10300HB5151sam002 | - 15 - | LRB103 36857 LNS 74163 a |
|
| 1 | | service needs of these individuals. | 2 | | (h) For the purposes of items (7) through (10) of | 3 | | subsection (c), a licensed health care professional may not be | 4 | | employed by the owner or operator of the establishment, its | 5 | | parent entity, or any other entity with ownership common to | 6 | | either the owner or operator of the establishment or parent | 7 | | entity, including but not limited to an affiliate of the owner | 8 | | or operator of the establishment. Nothing in this Section is | 9 | | meant to limit a resident's right to choose his or her health | 10 | | care provider. | 11 | | (i) Subsection (h) is not applicable to residents admitted | 12 | | to an assisted living establishment under a life care contract | 13 | | as defined in the Life Care Facilities Act if the life care | 14 | | facility has both an assisted living establishment and a | 15 | | skilled nursing facility. A licensed health care professional | 16 | | providing health-related or supportive services at a life care | 17 | | assisted living or shared housing establishment must be | 18 | | employed by an entity licensed by the Department under the | 19 | | Nursing Home Care Act or the Home Health, Home Services, and | 20 | | Home Nursing Agency Licensing Act. | 21 | | (Source: P.A. 103-444, eff. 1-1-24 .) | 22 | | (210 ILCS 9/80) | 23 | | Sec. 80. Involuntary termination of residency. | 24 | | (a) Residency shall be involuntarily terminated only for | 25 | | the following reasons: |
| | | 10300HB5151sam002 | - 16 - | LRB103 36857 LNS 74163 a |
|
| 1 | | (1) as provided in Section 75 of this Act; | 2 | | (2) nonpayment of contracted charges after the | 3 | | resident and the resident's representative have received a | 4 | | minimum of 30 days' 30-days written notice of the | 5 | | delinquency and the resident or the resident's | 6 | | representative has had at least 15 days to cure the | 7 | | delinquency; or | 8 | | (3) failure to execute a service delivery contract or | 9 | | to substantially comply with its terms and conditions, | 10 | | failure to comply with the assessment requirements | 11 | | contained in Section 15, or failure to substantially | 12 | | comply with the terms and conditions of the lease | 13 | | agreement. | 14 | | (b) A 30-day 30 day written notice of residency | 15 | | termination shall be provided to the resident, the resident's | 16 | | representative, or both, the Department, and the long term | 17 | | care ombudsman, which shall include the reason for the pending | 18 | | action, the date of the proposed move, and a notice, the | 19 | | content and form to be set forth by rule, of the resident's | 20 | | right to appeal, the steps that the resident or the resident's | 21 | | representative must take to initiate an appeal, and a | 22 | | statement of the resident's right to continue to reside in the | 23 | | establishment until a decision is rendered. The notice shall | 24 | | include a toll free telephone number to initiate an appeal and | 25 | | a written hearing request form, together with a postage paid, | 26 | | pre-addressed envelope to the Department. If the resident or |
| | | 10300HB5151sam002 | - 17 - | LRB103 36857 LNS 74163 a |
|
| 1 | | the resident's representative, if any, cannot read English, | 2 | | the notice must be provided in a language the individual | 3 | | receiving the notice can read or the establishment must | 4 | | provide a translator who has been trained to assist the | 5 | | resident or the resident's representative in the appeal | 6 | | process. In emergency situations as defined in Section 10 of | 7 | | this Act, the 30-day provision of the written notice may be | 8 | | waived. | 9 | | (c) The establishment shall attempt to resolve with the | 10 | | resident or the resident's representative, if any, | 11 | | circumstances that if not remedied have the potential of | 12 | | resulting in an involuntary termination of residency and shall | 13 | | document those efforts in the resident's file. This action may | 14 | | occur prior to or during the 30-day 30 day notice period, but | 15 | | must occur prior to the termination of the residency. In | 16 | | emergency situations as defined in Section 10 of this Act, the | 17 | | requirements of this subsection may be waived. | 18 | | (d) A request for a hearing shall stay an involuntary | 19 | | termination of residency until a decision has been rendered by | 20 | | the Department, according to a process adopted by rule. During | 21 | | this time period, the establishment may not terminate or | 22 | | reduce any service without the consent of the resident or the | 23 | | resident's representative, if any, for the purpose of making | 24 | | it more difficult or impossible for the resident to remain in | 25 | | the establishment. | 26 | | (e) The establishment shall offer the resident and the |
| | | 10300HB5151sam002 | - 18 - | LRB103 36857 LNS 74163 a |
|
| 1 | | resident's representative, if any, residency termination and | 2 | | relocation assistance including information on available | 3 | | alternative placement. Residents shall be involved in planning | 4 | | the move and shall choose among the available alternative | 5 | | placements except when an emergency situation makes prior | 6 | | resident involvement impossible. Emergency placements are | 7 | | deemed temporary until the resident's input can be sought in | 8 | | the final placement decision. No resident shall be forced to | 9 | | remain in a temporary or permanent placement. | 10 | | (f) The Department may offer assistance to the | 11 | | establishment and the resident in the preparation of residency | 12 | | termination and relocation plans to assure safe and orderly | 13 | | transition and to protect the resident's health, safety, | 14 | | welfare, and rights. In nonemergencies, and where possible in | 15 | | emergencies, the transition plan shall be designed and | 16 | | implemented in advance of transfer or residency termination. | 17 | | (g) An establishment may not initiate a termination of | 18 | | residency due to an emergency situation if the establishment | 19 | | is able to safely care for the resident and (1) the resident | 20 | | has been hospitalized and the resident's physician, the | 21 | | establishment's manager, and the establishment's director of | 22 | | nursing state that returning to the establishment would not | 23 | | create an imminent danger of death or serious physical harm to | 24 | | the resident; or (2) the emergency can be negated by changes in | 25 | | activities, health care, personal care, or available rooming | 26 | | accommodations, consistent with the license and services of |
| | | 10300HB5151sam002 | - 19 - | LRB103 36857 LNS 74163 a |
|
| 1 | | the establishment. The Department may not find an | 2 | | establishment to be in violation of Section 75 of this Act for | 3 | | failing to initiate an emergency discharge in these | 4 | | circumstances. | 5 | | (h) If the Department determines that an involuntary | 6 | | termination of residency does not meet the requirements of | 7 | | this Act, the Department shall issue a written decision | 8 | | stating that the involuntary termination of residency is | 9 | | denied. If the action of the establishment giving rise to the | 10 | | request for hearings is the establishment's failure to readmit | 11 | | the resident following hospitalization, other medical leave of | 12 | | absence, or other absence, the Department shall order the | 13 | | immediate readmission of the resident to the establishment | 14 | | unless a condition which would have allowed transfer or | 15 | | discharge develops within that timeframe. | 16 | | (i) If an order to readmit is entered pursuant to | 17 | | subsection (h), the establishment shall immediately comply. As | 18 | | used in this subsection, "comply" means the establishment and | 19 | | the resident have agreed on a schedule for readmission or the | 20 | | resident is living in the establishment. | 21 | | (j) An establishment that does not readmit a resident | 22 | | after the Department has ordered readmission shall be assessed | 23 | | a fine. The establishment shall be required to submit an | 24 | | acceptable plan of correction to the Department within 30 days | 25 | | after the violation is affirmed. | 26 | | (k) Once a notice of appeal is filed, the Department shall |
| | | 10300HB5151sam002 | - 20 - | LRB103 36857 LNS 74163 a |
|
| 1 | | hold a hearing unless the notice of appeal is withdrawn. If the | 2 | | notice of appeal is withdrawn based upon a representation made | 3 | | by the establishment to the resident and the Department, | 4 | | including the hearing officer, that a resident who has been | 5 | | previously denied readmission will be readmitted, failure to | 6 | | comply with the representation shall be considered a failure | 7 | | to comply with a Department order pursuant to subsection (h) | 8 | | and shall result in the imposition of a fine as provided in | 9 | | subsection (j) of this Section. | 10 | | (Source: P.A. 91-656, eff. 1-1-01.) | 11 | | (210 ILCS 9/90) | 12 | | Sec. 90. Contents of service delivery contract. A contract | 13 | | between an establishment and a resident must be entitled | 14 | | "assisted living establishment contract" or "shared housing | 15 | | establishment contract" as applicable, shall be printed in no | 16 | | less than 12 point type, and shall include at least the | 17 | | following elements in the body or through supporting documents | 18 | | or attachments: | 19 | | (1) the name, street address, and mailing address of | 20 | | the establishment; | 21 | | (2) the name and mailing address of the owner or | 22 | | owners of the establishment and, if the owner or owners | 23 | | are not natural persons, the type of business entity of | 24 | | the owner or owners; | 25 | | (3) the name and mailing address of the managing agent |
| | | 10300HB5151sam002 | - 21 - | LRB103 36857 LNS 74163 a |
|
| 1 | | of the establishment, whether hired under a management | 2 | | agreement or lease agreement, if the managing agent is | 3 | | different from the owner or owners; | 4 | | (4) the name and address of at least one natural | 5 | | person who is authorized to accept service on behalf of | 6 | | the owners and managing agent; | 7 | | (5) a statement describing the license status of the | 8 | | establishment and the license status of all providers of | 9 | | health-related or supportive services to a resident under | 10 | | arrangement with the establishment; | 11 | | (6) the duration of the contract; | 12 | | (7) the base rate to be paid by the resident and a | 13 | | description of the services to be provided as part of this | 14 | | rate; | 15 | | (8) a description of any additional services to be | 16 | | provided for an additional fee by the establishment | 17 | | directly or by a third party provider under arrangement | 18 | | with the establishment; | 19 | | (9) the fee schedules outlining the cost of any | 20 | | additional services; | 21 | | (10) a description of the process through which the | 22 | | contract may be modified, amended, or terminated; | 23 | | (11) a description of the establishment's complaint | 24 | | resolution process available to residents and notice of | 25 | | the availability of the Department on Aging's Senior | 26 | | Helpline for complaints; |
| | | 10300HB5151sam002 | - 22 - | LRB103 36857 LNS 74163 a |
|
| 1 | | (12) the name of the resident's designated | 2 | | representative, if any; | 3 | | (13) the resident's obligations in order to maintain | 4 | | residency and receive services including compliance with | 5 | | all assessments required under Section 15; | 6 | | (14) the billing and payment procedures and | 7 | | requirements; | 8 | | (15) a statement affirming the resident's freedom to | 9 | | receive services from service providers with whom the | 10 | | establishment does not have a contractual arrangement, | 11 | | which may also disclaim liability on the part of the | 12 | | establishment for those services; | 13 | | (16) a statement that medical assistance under Article | 14 | | V or Article VI of the Illinois Public Aid Code is not | 15 | | available for payment for services provided in an | 16 | | establishment, excluding contracts executed with residents | 17 | | residing in licensed establishments participating in the | 18 | | Department on Aging's Comprehensive Care in Residential | 19 | | Settings Demonstration Project; | 20 | | (17) a statement detailing the admission, risk | 21 | | management, and residency termination criteria and | 22 | | procedures; | 23 | | (18) a written explanation, prepared by the Office of | 24 | | State Long Term Care Ombudsman, statement listing the | 25 | | rights specified in Sections 80 and Section 95 , including | 26 | | an acknowledgment by the establishment and acknowledging |
| | | 10300HB5151sam002 | - 23 - | LRB103 36857 LNS 74163 a |
|
| 1 | | that, by contracting with the assisted living or shared | 2 | | housing establishment, the resident does not forfeit those | 3 | | rights; | 4 | | (19) a statement detailing the Department's annual | 5 | | on-site review process including what documents contained | 6 | | in a resident's personal file shall be reviewed by the | 7 | | on-site reviewer as defined by rule; and | 8 | | (20) a statement outlining whether the establishment | 9 | | charges a community fee and, if so, the amount of the fee | 10 | | and whether it is refundable; if the fee is refundable, | 11 | | the contract must describe the conditions under which it | 12 | | is refundable and how the amount of the refund is | 13 | | determined. | 14 | | (Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.) | 15 | | (210 ILCS 9/95) | 16 | | Sec. 95. Resident rights. No resident shall be deprived of | 17 | | any rights, benefits, or privileges guaranteed by law, the | 18 | | Constitution of the State of Illinois, or the Constitution of | 19 | | the United States solely on account of his or her status as a | 20 | | resident of an establishment, nor shall a resident forfeit any | 21 | | of the following rights: | 22 | | (1) the right to retain and use personal property and | 23 | | a place to store personal items that is locked and secure; | 24 | | (2) the right to refuse services and to be advised of | 25 | | the consequences of that refusal; |
| | | 10300HB5151sam002 | - 24 - | LRB103 36857 LNS 74163 a |
|
| 1 | | (3) the right to respect for bodily privacy and | 2 | | dignity at all times, especially during care and | 3 | | treatment; | 4 | | (4) the right to the free exercise of religion; | 5 | | (5) the right to privacy with regard to mail, phone | 6 | | calls, and visitors; | 7 | | (6) the right to uncensored access to the State | 8 | | Ombudsman or his or her designee; | 9 | | (7) the right to be free of retaliation for | 10 | | criticizing the establishment or making complaints to | 11 | | appropriate agencies; | 12 | | (8) the right to be free of chemical and physical | 13 | | restraints; | 14 | | (9) the right to be free of abuse or neglect or to | 15 | | refuse to perform labor; | 16 | | (10) the right to confidentiality of the resident's | 17 | | medical records; | 18 | | (11) the right of access and the right to copy the | 19 | | resident's personal files maintained by the establishment; | 20 | | (12) the right to 24 hours access to the | 21 | | establishment; | 22 | | (13) the right to a minimum of 90 days' 90-days notice | 23 | | of a planned establishment closure; | 24 | | (14) the right to a minimum of 30 days' 30-days notice | 25 | | of an involuntary residency termination, except where the | 26 | | resident poses a threat to himself or others, or in other |
| | | 10300HB5151sam002 | - 25 - | LRB103 36857 LNS 74163 a |
|
| 1 | | emergency situations, and the right to appeal such | 2 | | termination ; if an establishment withdraws a notice of | 3 | | involuntary termination of residency, then the resident | 4 | | has the right to maintain residency at the establishment ; | 5 | | and | 6 | | (15) the right to a 30-day notice of delinquency and | 7 | | at least 15 days right to cure delinquency ; and . | 8 | | (16) the right to not be unlawfully transferred or | 9 | | discharged. | 10 | | (Source: P.A. 91-656, eff. 1-1-01.) | 11 | | Section 10. The Nursing Home Care Act is amended by | 12 | | changing Sections 1-114.005, 2-111, 3-401, 3-402, 3-404, | 13 | | 3-405, 3-411, and 3-413 and by adding Sections 3-305.6, | 14 | | 3-305.7, and 3-413.1 as follows: | 15 | | (210 ILCS 45/1-114.005) | 16 | | Sec. 1-114.005. High risk designation. "High risk | 17 | | designation" means a violation of a provision of the Illinois | 18 | | Administrative Code or statute that has been identified by the | 19 | | Department through rulemaking or designated in statute to be | 20 | | inherently necessary to protect the health, safety, and | 21 | | welfare of a resident. | 22 | | (Source: P.A. 96-1372, eff. 7-29-10.) | 23 | | (210 ILCS 45/2-111) (from Ch. 111 1/2, par. 4152-111) |
| | | 10300HB5151sam002 | - 26 - | LRB103 36857 LNS 74163 a |
|
| 1 | | Sec. 2-111. A resident shall not be transferred or | 2 | | discharged in violation of this Act. A resident may be | 3 | | discharged from a facility after he gives the administrator, a | 4 | | physician, or a nurse of the facility written notice of his | 5 | | desire to be discharged. If a guardian has been appointed for a | 6 | | resident or if the resident is a minor, the resident shall be | 7 | | discharged upon written consent of his guardian or if the | 8 | | resident is a minor, his parent unless there is a court order | 9 | | to the contrary. In such cases, upon the resident's discharge, | 10 | | the facility is relieved from any responsibility for the | 11 | | resident's care, safety or well-being. A resident has the | 12 | | right to not be unlawfully transferred or discharged. | 13 | | (Source: P.A. 81-223.) | 14 | | (210 ILCS 45/3-305.6 new) | 15 | | Sec. 3-305.6. Failure to readmit a resident. A facility | 16 | | that fails to comply with an order of the Department to readmit | 17 | | a resident, pursuant to Section 3-703, who wishes to return to | 18 | | the facility and is appropriate for that level of care and | 19 | | services provided, shall be assessed a $2,500 fine. | 20 | | As used in this Section, "comply with an order" means that | 21 | | a resident is living in a facility or that a facility and a | 22 | | resident have agreed on a schedule for readmission. | 23 | | (210 ILCS 45/3-305.7 new) | 24 | | Sec. 3-305.7. Ordered readmission of a resident. |
| | | 10300HB5151sam002 | - 27 - | LRB103 36857 LNS 74163 a |
|
| 1 | | (a) A facility that complies with an order of the | 2 | | Department to readmit a resident that has been deemed to have | 3 | | been unlawfully discharged shall notify the Department within | 4 | | 10 business days that the resident has been readmitted to the | 5 | | facility. The notice provided to the Department shall include, | 6 | | but not be limited to, the following information: | 7 | | (1) the executed order to readmit the resident that | 8 | | was issued by the Department; | 9 | | (2) the Administrative Law Judge's Report and | 10 | | Recommendations submitted by the administrative law judge; | 11 | | (3) the reason or reasons for which the resident was | 12 | | involuntarily discharged and an explanation of why the | 13 | | facility determined it should discharge the resident prior | 14 | | to the order to readmit; | 15 | | (4) the interventions the facility had taken to | 16 | | attempt to mitigate or correct the behavior or condition | 17 | | of the resident who was involuntarily discharged and | 18 | | ordered to be readmitted; | 19 | | (5) any concerns that the facility maintains about | 20 | | risks to safety associated with readmission of the | 21 | | resident; and | 22 | | (6) a copy of the resident's current face sheet that | 23 | | indicates the readmission date. | 24 | | (b) Upon readmission of a resident following an executed | 25 | | order by the Department, the facility shall conduct a | 26 | | reassessment of the resident to determine any necessary |
| | | 10300HB5151sam002 | - 28 - | LRB103 36857 LNS 74163 a |
|
| 1 | | changes to the resident's care plan. The assessment shall | 2 | | include identification of any steps the facility could take to | 3 | | attempt to mitigate or correct the behavior or condition of | 4 | | the resident that resulted in the resident being involuntarily | 5 | | discharged. | 6 | | (c) If a resident whose readmission was ordered by the | 7 | | Department commits the same action for which the facility | 8 | | noted concerns about pursuant to subsection (a), the | 9 | | Department shall take into account the notice provided by the | 10 | | facility under this Section in considering whether to impose a | 11 | | fine. | 12 | | (210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401) | 13 | | Sec. 3-401. A facility may involuntarily transfer or | 14 | | discharge a resident only for one or more of the following | 15 | | reasons: | 16 | | (a) the facility is unable to meet the medical needs | 17 | | of the resident, as documented in the resident's clinical | 18 | | record by the resident's physician for medical reasons for | 19 | | medical reasons ; | 20 | | (b) for the resident's physical safety; | 21 | | (c) for the physical safety of other residents, the | 22 | | facility staff or facility visitors; or | 23 | | (d) for either late payment or nonpayment for the | 24 | | resident's stay, except as prohibited by Titles XVIII and | 25 | | XIX of the federal Social Security Act. For purposes of |
| | | 10300HB5151sam002 | - 29 - | LRB103 36857 LNS 74163 a |
|
| 1 | | this Section, "late payment" means non-receipt of payment | 2 | | after submission of a bill. If payment is not received | 3 | | within 45 days after submission of a bill, a facility may | 4 | | send a notice to the resident and responsible party | 5 | | requesting payment within 30 days. If payment is not | 6 | | received within such 30 days, the facility may thereupon | 7 | | institute transfer or discharge proceedings by sending a | 8 | | notice of transfer or discharge to the resident and | 9 | | responsible party by registered or certified mail. The | 10 | | notice shall state, in addition to the requirements of | 11 | | Section 3-403 of this Act, that the responsible party has | 12 | | the right to pay the amount of the bill in full up to the | 13 | | date the transfer or discharge is to be made and then the | 14 | | resident shall have the right to remain in the facility. | 15 | | Such payment shall terminate the transfer or discharge | 16 | | proceedings. This subsection does not apply to those | 17 | | residents whose care is provided for under the Illinois | 18 | | Public Aid Code. The Department shall adopt rules setting | 19 | | forth the criteria and procedures to be applied in cases | 20 | | of involuntary transfer or discharge permitted under this | 21 | | Section. | 22 | | In the absence of other bases for transfer or discharge in | 23 | | this Section, unless it has complied with the prior notice and | 24 | | other procedural requirements of this Act, a facility may not | 25 | | refuse to readmit a resident following a medical leave of | 26 | | absence if the resident's need for care does not exceed the |
| | | 10300HB5151sam002 | - 30 - | LRB103 36857 LNS 74163 a |
|
| 1 | | provisions of the facility's license or current services | 2 | | offered. | 3 | | (Source: P.A. 91-357, eff. 7-29-99.) | 4 | | (210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402) | 5 | | Sec. 3-402. Involuntary transfer or discharge of a | 6 | | resident from a facility shall be preceded by the discussion | 7 | | required under Section 3-408 and by a minimum written notice | 8 | | of 30 21 days, except in one of the following instances: | 9 | | (a) When an emergency transfer or discharge is ordered by | 10 | | the resident's attending physician because of the resident's | 11 | | health care needs. The State Long Term Care Ombudsman shall be | 12 | | notified at the time of the emergency transfer or discharge. | 13 | | (b) When the transfer or discharge is mandated by the | 14 | | physical safety of other residents, the facility staff, or | 15 | | facility visitors, as documented in the clinical record. The | 16 | | Department , the Office of State Long Term Care Ombudsman, and | 17 | | the resident's managed care organization, if applicable, and | 18 | | the State Long Term Care Ombudsman shall be notified prior to | 19 | | any such involuntary transfer or discharge. The Department | 20 | | shall immediately offer transfer, or discharge and relocation | 21 | | assistance to residents transferred or discharged under this | 22 | | subparagraph (b), and the Department may place relocation | 23 | | teams as provided in Section 3-419 of this Act. | 24 | | (c) When an identified offender is within the provisional | 25 | | admission period defined in Section 1-120.3. If the Identified |
| | | 10300HB5151sam002 | - 31 - | LRB103 36857 LNS 74163 a |
|
| 1 | | Offender Report and Recommendation prepared under Section | 2 | | 2-201.6 shows that the identified offender poses a serious | 3 | | threat or danger to the physical safety of other residents, | 4 | | the facility staff, or facility visitors in the admitting | 5 | | facility and the facility determines that it is unable to | 6 | | provide a safe environment for the other residents, the | 7 | | facility staff, or facility visitors, the facility shall | 8 | | transfer or discharge the identified offender within 3 days | 9 | | after its receipt of the Identified Offender Report and | 10 | | Recommendation. | 11 | | (Source: P.A. 103-320, eff. 1-1-24 .) | 12 | | (210 ILCS 45/3-404) (from Ch. 111 1/2, par. 4153-404) | 13 | | Sec. 3-404. A request for a hearing made under Section | 14 | | 3-403 shall stay a transfer or discharge pending a hearing or | 15 | | appeal of the decision, unless a condition which would have | 16 | | allowed transfer or discharge in less than 30 21 days as | 17 | | described under paragraphs (a) and (b) of Section 3-402 | 18 | | develops in the interim. | 19 | | (Source: P.A. 81-223.) | 20 | | (210 ILCS 45/3-405) (from Ch. 111 1/2, par. 4153-405) | 21 | | Sec. 3-405. A copy of the notice required by Section 3-402 | 22 | | shall be placed in the resident's clinical record and a copy | 23 | | shall be transmitted to the Department, the State Long Term | 24 | | Care Ombudsman, the resident, and the resident's |
| | | 10300HB5151sam002 | - 32 - | LRB103 36857 LNS 74163 a |
|
| 1 | | representative , if any, the resident's managed care | 2 | | organization . | 3 | | (Source: P.A. 103-320, eff. 1-1-24 .) | 4 | | (210 ILCS 45/3-411) (from Ch. 111 1/2, par. 4153-411) | 5 | | Sec. 3-411. The Department of Public Health, when the | 6 | | basis for involuntary transfer or discharge is other than | 7 | | action by the Department of Healthcare and Family Services | 8 | | (formerly Department of Public Aid) with respect to the Title | 9 | | XIX Medicaid recipient, shall hold a hearing at the resident's | 10 | | facility not later than 10 days after a hearing request is | 11 | | filed, and render a decision within 14 days after the filing of | 12 | | the hearing request. The Department has continuing | 13 | | jurisdiction over the transfer or discharge irrespective of | 14 | | the timing of the hearing and decision. Once a request for a | 15 | | hearing is filed, the Department shall hold a hearing unless | 16 | | the request is withdrawn by the resident. If the request for a | 17 | | hearing is withdrawn based upon a representation made by the | 18 | | facility to the resident and the Department, including the | 19 | | hearing officer, that a resident who has been denied | 20 | | readmission will be readmitted, and the resident or resident | 21 | | representative notifies the Department that the facility is | 22 | | still denying readmission, failure to readmit is considered | 23 | | failure to comply with a Department order to readmit pursuant | 24 | | to Section 3-305.6, including the imposition of a $2,500 fine | 25 | | under Section 3-305.6. |
| | | 10300HB5151sam002 | - 33 - | LRB103 36857 LNS 74163 a |
|
| 1 | | (Source: P.A. 95-331, eff. 8-21-07.) | 2 | | (210 ILCS 45/3-413) (from Ch. 111 1/2, par. 4153-413) | 3 | | Sec. 3-413. If the Department determines that a transfer | 4 | | or discharge is authorized under Section 3-401, the resident | 5 | | shall not be required to leave the facility before the 34th day | 6 | | following receipt of the notice required under Section 3-402, | 7 | | or the 10th day following receipt of the Department's | 8 | | decision, whichever is later, unless a condition which would | 9 | | have allowed transfer or discharge in less than 30 21 days as | 10 | | described under paragraphs (a) and (b) of Section 3-402 | 11 | | develops in the interim. The Department maintains jurisdiction | 12 | | over the transfer or discharge irrespective of the timing of | 13 | | the notice and discharge. | 14 | | (Source: P.A. 81-223.) | 15 | | (210 ILCS 45/3-413.1 new) | 16 | | Sec. 3-413.1. Denial of transfer or discharge. If the | 17 | | Department determines that a transfer or discharge is not | 18 | | authorized under Section 3-401, then the Department shall | 19 | | issue a written decision stating that the transfer or | 20 | | discharge is denied. If the action of the facility giving rise | 21 | | to the request for hearings is the facility's failure to | 22 | | readmit the resident following hospitalization, other medical | 23 | | leave of absence, or other absence, then the Department shall | 24 | | order the immediate readmission of the resident to the |
| | | 10300HB5151sam002 | - 34 - | LRB103 36857 LNS 74163 a |
|
| 1 | | facility. The facility shall comply with the order | 2 | | immediately. A copy of the Department's written decision shall | 3 | | be placed in the resident's medical chart. A surveyor shall | 4 | | make an on-site inspection of the facility's compliance with | 5 | | the order unless the resident or resident representative | 6 | | notifies the Department in writing that there is compliance | 7 | | with the order. ". |
|