Full Text of HB4264 95th General Assembly
HB4264eng 95TH GENERAL ASSEMBLY
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HB4264 Engrossed |
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LRB095 15201 DRJ 41181 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Assisted Living and Shared Housing Act is | 5 |
| amended by changing Sections 30, 45, and 110 as follows:
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| (210 ILCS 9/30)
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| Sec. 30. Licensing.
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| (a) The Department, in consultation with the Advisory | 9 |
| Board, shall
establish
by rule forms,
procedures, and fees for | 10 |
| the annual licensing of assisted living and shared
housing
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| establishments; shall establish and enforce sanctions and | 12 |
| penalties for
operating in violation
of this Act, as provided | 13 |
| in Section 135 of this Act and rules
adopted under
Section 110 | 14 |
| of this Act. The Department shall conduct an annual on-site
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| review
for
each
establishment covered by this Act, except for | 16 |
| those establishments granted a 2-year license as provided in | 17 |
| Section 45. For those establishments granted a 2-year license, | 18 |
| the Department shall conduct an on-site review every 2 years. | 19 |
| The on-site review
which shall include, but not be limited to,
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| compliance with
this Act and rules adopted hereunder, focus on | 21 |
| solving resident issues
and concerns,
and the quality | 22 |
| improvement process implemented by the establishment to | 23 |
| address
resident
issues. The quality improvement process |
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LRB095 15201 DRJ 41181 b |
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| implemented by the establishment must
benchmark performance, | 2 |
| be customer centered, be data driven, and focus on
resident
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| satisfaction.
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| (b) An establishment shall provide the following | 5 |
| information to the
Department
to be considered for licensure:
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| (1) the business name, street address, mailing | 7 |
| address, and telephone
number of the
establishment;
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| (2) the name and mailing address of the owner or owners | 9 |
| of the
establishment and if the
owner or owners are not | 10 |
| natural persons, identification of the type of
business | 11 |
| entity
of the owners, and the names and addresses of the | 12 |
| officers and members of the
governing body, or comparable | 13 |
| persons for partnerships, limited liability
companies, or | 14 |
| other types of business organizations;
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| (3) financial information, content and form to be | 16 |
| determined by rules
which may provide different standards | 17 |
| for assisted living establishments and
shared housing | 18 |
| establishments,
establishing that the project is | 19 |
| financially feasible;
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| (4) the name and mailing address of the managing agent | 21 |
| of the
establishment, whether
hired under a management | 22 |
| agreement or lease agreement, if different from the
owner | 23 |
| or owners, and the name of the full-time director;
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| (5) verification that the establishment has entered or | 25 |
| will enter into a
service delivery
contract as provided in | 26 |
| Section 90, as required under this Act, with each
resident |
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HB4264 Engrossed |
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LRB095 15201 DRJ 41181 b |
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| or
resident's representative;
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| (6) the name and address of at least one natural person | 3 |
| who shall be
responsible for
dealing with the Department on | 4 |
| all matters provided for in this Act, on whom
personal | 5 |
| service of all notices and orders shall be made, and who | 6 |
| shall be
authorized
to accept service on behalf of the | 7 |
| owner or owners and the managing agent.
Notwithstanding a | 8 |
| contrary provision of the Code of Civil Procedure, personal
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| service on the person identified pursuant to this | 10 |
| subsection shall be
considered
service on the owner or | 11 |
| owners and the managing agent, and it shall not be a
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| defense to any action that personal service was not made on | 13 |
| each individual or
entity;
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| (7) the signature of the authorized representative of | 15 |
| the owner or
owners;
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| (8) proof of an ongoing quality improvement program in | 17 |
| accordance with
rules adopted
by the Department in | 18 |
| collaboration with the Advisory Board;
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| (9) information about the number and types of units, | 20 |
| the maximum census,
and the
services to be provided at the | 21 |
| establishment, proof of compliance with
applicable
State | 22 |
| and local residential standards, and a copy of the standard | 23 |
| contract
offered to
residents;
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| (10) documentation of adequate liability insurance; | 25 |
| and
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| (11) other information necessary to determine the |
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LRB095 15201 DRJ 41181 b |
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| identity and
qualifications of an
applicant or licensee to | 2 |
| operate an
establishment in
accordance with this Act as | 3 |
| required by the Department by rule.
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| (c) The information in the statement of ownership shall be | 5 |
| public
information and shall be
available from the Department.
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| (d) Notwithstanding any other rulemaking authority that | 7 |
| may exist, neither the Governor nor any agency or agency head | 8 |
| under the jurisdiction of the Governor has any authority to | 9 |
| make or promulgate rules to implement or enforce the provisions | 10 |
| of this amendatory Act of the 95th General Assembly. If, | 11 |
| however, the Governor believes that rules are necessary to | 12 |
| implement or enforce the provisions of this amendatory Act of | 13 |
| the 95th General Assembly, the Governor may suggest rules to | 14 |
| the General Assembly by filing them with the Clerk of the House | 15 |
| and Secretary of the Senate and by requesting that the General | 16 |
| Assembly authorize such rulemaking by law, enact those | 17 |
| suggested rules into law, or take any other appropriate action | 18 |
| in the General Assembly's discretion. Nothing contained in this | 19 |
| amendatory Act of the 95th General Assembly shall be | 20 |
| interpreted to grant rulemaking authority under any other | 21 |
| Illinois statute where such authority is not otherwise | 22 |
| explicitly given. For the purposes of this amendatory Act of | 23 |
| the 95th General Assembly, "rules" is given the meaning | 24 |
| contained in Section 1-70 of the Illinois Administrative | 25 |
| Procedure Act, and "agency" and "agency head" are given the | 26 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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HB4264 Engrossed |
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LRB095 15201 DRJ 41181 b |
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| Administrative Procedure Act to the extent that such | 2 |
| definitions apply to agencies or agency heads under the | 3 |
| jurisdiction of the Governor. | 4 |
| (Source: P.A. 91-656, eff. 1-1-01.)
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| (210 ILCS 9/45)
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| Sec. 45. Renewal of licenses. At least 120 days, but not | 7 |
| more than 150
days prior to license
expiration, the licensee | 8 |
| shall submit an application for renewal of the license
in such | 9 |
| form
and containing such information as the Department | 10 |
| requires. If the application
is approved, and if the licensee | 11 |
| (i) has not committed a Type 1 violation in the preceding 24 | 12 |
| months, (ii) has not committed a Type 2 violation in the | 13 |
| preceding 24 months, (iii) has not had an inspection, review, | 14 |
| or evaluation that resulted in a finding of 10 or more Type 3 | 15 |
| violations in the preceding 24 months, and (iv) the licensee | 16 |
| has not admitted or retained a resident in violation of Section | 17 |
| 75 of this Act in the preceding 24 months, the Department may | 18 |
| renew the license for an additional period of 2 years. If a | 19 |
| licensee whose license has been renewed for 2 years under this | 20 |
| Section subsequently fails to meet any of the conditions set | 21 |
| forth in items (i), (ii), and (iii), and (iv), then, in | 22 |
| addition to any other sanctions that the Department may impose | 23 |
| under this Act, the Department shall revoke the 2-year license | 24 |
| and replace it with a one-year license until the licensee again | 25 |
| meets all of the conditions set forth in items (i), (ii), and |
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HB4264 Engrossed |
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LRB095 15201 DRJ 41181 b |
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| (iii) , and (iv) . If appropriate,
the renewal
application shall | 2 |
| not be approved unless the applicant has provided to the
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| Department an
accurate disclosure document in accordance with | 4 |
| the Alzheimer's Special Care
Disclosure
Act. If the application | 5 |
| for renewal is not timely filed, the Department shall
so inform | 6 |
| the
licensee.
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| Notwithstanding any other rulemaking authority that may | 8 |
| exist, neither the Governor nor any agency or agency head under | 9 |
| the jurisdiction of the Governor has any authority to make or | 10 |
| promulgate rules to implement or enforce the provisions of this | 11 |
| amendatory Act of the 95th General Assembly. If, however, the | 12 |
| Governor believes that rules are necessary to implement or | 13 |
| enforce the provisions of this amendatory Act of the 95th | 14 |
| General Assembly, the Governor may suggest rules to the General | 15 |
| Assembly by filing them with the Clerk of the House and | 16 |
| Secretary of the Senate and by requesting that the General | 17 |
| Assembly authorize such rulemaking by law, enact those | 18 |
| suggested rules into law, or take any other appropriate action | 19 |
| in the General Assembly's discretion. Nothing contained in this | 20 |
| amendatory Act of the 95th General Assembly shall be | 21 |
| interpreted to grant rulemaking authority under any other | 22 |
| Illinois statute where such authority is not otherwise | 23 |
| explicitly given. For the purposes of this amendatory Act of | 24 |
| the 95th General Assembly, "rules" is given the meaning | 25 |
| contained in Section 1-70 of the Illinois Administrative | 26 |
| Procedure Act, and "agency" and "agency head" are given the |
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HB4264 Engrossed |
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LRB095 15201 DRJ 41181 b |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois | 2 |
| Administrative Procedure Act to the extent that such | 3 |
| definitions apply to agencies or agency heads under the | 4 |
| jurisdiction of the Governor. | 5 |
| (Source: P.A. 95-590, eff. 9-10-07; revised 11-15-07.)
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| (210 ILCS 9/110)
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| Sec. 110. Powers and duties of the Department.
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| (a) The Department shall conduct an annual unannounced | 9 |
| on-site visit at
each
assisted living and shared
housing | 10 |
| establishment to determine compliance with applicable | 11 |
| licensure
requirements and
standards , except for those | 12 |
| establishments granted a 2-year license as provided in Section | 13 |
| 45. For those establishments granted a 2-year license, the | 14 |
| Department shall conduct an unannounced on-site visit every 2 | 15 |
| years . Additional visits may be conducted without prior notice | 16 |
| to the
assisted living
or shared housing
establishment.
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| (b) Upon receipt of information that may indicate the | 18 |
| failure of the
assisted living or shared housing
establishment | 19 |
| or a service provider to comply with a provision of this Act,
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| the Department shall
investigate the matter or make appropriate | 21 |
| referrals to other government
agencies and entities having
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| jurisdiction over the subject matter of the possible violation. | 23 |
| The Department
may also make
referrals to any public or private | 24 |
| agency that the Department considers
available for appropriate
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| assistance to those involved. The Department may oversee and |
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HB4264 Engrossed |
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LRB095 15201 DRJ 41181 b |
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| coordinate the
enforcement of State
consumer protection | 2 |
| policies affecting residents residing in an establishment
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| licensed under this Act.
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| (c) The Department shall establish by rule complaint | 5 |
| receipt,
investigation,
resolution, and involuntary
residency | 6 |
| termination procedures. Resolution procedures shall provide | 7 |
| for
on-site review and
evaluation of an assisted living or | 8 |
| shared housing establishment found to be
in violation of this | 9 |
| Act
within a specified period of time based on the gravity and | 10 |
| severity of the
violation and any pervasive
pattern of | 11 |
| occurrences of the same or similar violations.
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| (d) The Governor shall establish an Assisted Living and | 13 |
| Shared Housing Standards and Quality of Life
Advisory Board.
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| (e) The Department shall by rule establish penalties and | 15 |
| sanctions, which
shall include, but need not be limited to,
the | 16 |
| creation of a schedule of graduated penalties and sanctions to | 17 |
| include
closure.
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| (f) The Department shall by rule establish procedures for | 19 |
| disclosure of
information to the public, which
shall include, | 20 |
| but not be limited to, ownership, licensure status, frequency | 21 |
| of
complaints, disposition of
substantiated complaints, and | 22 |
| disciplinary actions.
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| (g) (Blank).
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| (h) Beginning January 1, 2000, the Department shall begin | 25 |
| drafting rules
necessary for the administration
of this Act.
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| (i) Notwithstanding any other rulemaking authority that |
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HB4264 Engrossed |
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LRB095 15201 DRJ 41181 b |
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| 1 |
| may exist, neither the Governor nor any agency or agency head | 2 |
| under the jurisdiction of the Governor has any authority to | 3 |
| make or promulgate rules to implement or enforce the provisions | 4 |
| of this amendatory Act of the 95th General Assembly. If, | 5 |
| however, the Governor believes that rules are necessary to | 6 |
| implement or enforce the provisions of this amendatory Act of | 7 |
| the 95th General Assembly, the Governor may suggest rules to | 8 |
| the General Assembly by filing them with the Clerk of the House | 9 |
| and Secretary of the Senate and by requesting that the General | 10 |
| Assembly authorize such rulemaking by law, enact those | 11 |
| suggested rules into law, or take any other appropriate action | 12 |
| in the General Assembly's discretion. Nothing contained in this | 13 |
| amendatory Act of the 95th General Assembly shall be | 14 |
| interpreted to grant rulemaking authority under any other | 15 |
| Illinois statute where such authority is not otherwise | 16 |
| explicitly given. For the purposes of this amendatory Act of | 17 |
| the 95th General Assembly, "rules" is given the meaning | 18 |
| contained in Section 1-70 of the Illinois Administrative | 19 |
| Procedure Act, and "agency" and "agency head" are given the | 20 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 21 |
| Administrative Procedure Act to the extent that such | 22 |
| definitions apply to agencies or agency heads under the | 23 |
| jurisdiction of the Governor. | 24 |
| (Source: P.A. 93-1003, eff. 8-23-04.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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