Full Text of HB4465 102nd General Assembly
HB4465 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4465 Introduced 1/21/2022, by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: |
| 210 ILCS 9/77 new | | 210 ILCS 35/5.10 new | | 210 ILCS 40/10.2 new | | 210 ILCS 45/3-613 new | | 210 ILCS 46/3-613 new | | 210 ILCS 47/3-613 new | |
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Amends the Assisted Living and Shared Housing Act, the Community Living Facilities Licensing Act, the Life Care Facilities Act, the Nursing Home Care Act, the MC/DD Act, and the ID/DD Community Care Act. Provides that, on and after 36 months after the amendatory Act's effective date, facilities or establishments licensed under the Acts are prohibited from: (1) being owned by and leased or rented to related business entities; and (2) employing a service provider that is a related business entity of the owner of the facility or establishment. Provides that a facility or establishment shall not charge any over-market rate for a resident's rent or for services provided to a resident. Provides that the provisions do not apply to any facility or establishment that does not receive State or federal funds through Medicaid or Medicare. Contains other provisions.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Assisted Living and Shared Housing Act is | 5 | | amended by adding Section 77 as follows: | 6 | | (210 ILCS 9/77 new) | 7 | | Sec. 77. Related business entities. | 8 | | (a) On and after 36 months after the effective date of this | 9 | | amendatory Act of the 102nd General Assembly, it is prohibited | 10 | | for an establishment to be owned by and leased or rented to | 11 | | related business entities. | 12 | | (b) On and after 36 months after the effective date of this | 13 | | amendatory Act of the 102nd General Assembly, it is prohibited | 14 | | for an establishment to employ a service provider that is a | 15 | | related business entity of the owner of the establishment. | 16 | | (c) An establishment shall disclose all tiers of ownership | 17 | | of the establishment to the Department. | 18 | | (d) An establishment shall not charge any over-market rate | 19 | | for a resident's rent or for services provided to a resident. | 20 | | (e) This Section does not apply to any establishment that | 21 | | does not receive State or federal funds through Medicaid or | 22 | | Medicare. | 23 | | (f) In this Section, "related business entity" means one |
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| 1 | | of 2 or more entities where: | 2 | | (1) the entities have (i) significant common purposes | 3 | | and substantial common membership or (ii) directly or | 4 | | indirectly substantial common direction or control; or | 5 | | (2) either entity owns, directly or through one or | 6 | | more entities, a 50% or greater interest in the capital or | 7 | | profits of the other. | 8 | | Section 10. The Community Living Facilities Licensing Act | 9 | | is amended by adding Section 5.10 as follows: | 10 | | (210 ILCS 35/5.10 new) | 11 | | Sec. 5.10. Related business entities. | 12 | | (a) On and after 36 months after the effective date of this | 13 | | amendatory Act of the 102nd General Assembly, it is prohibited | 14 | | for a Community Living Facility to be owned by and leased or | 15 | | rented to related business entities. | 16 | | (b) On and after 36 months after the effective date of this | 17 | | amendatory Act of the 102nd General Assembly, it is prohibited | 18 | | for a Community Living Facility to employ a service provider | 19 | | that is a related business entity of the owner of the Community | 20 | | Living Facility. | 21 | | (c) A Community Living Facility shall disclose all tiers | 22 | | of ownership of the Community Living Facility to the | 23 | | Department. | 24 | | (d) A Community Living Facility shall not charge any |
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| 1 | | over-market rate for a resident's rent or for services | 2 | | provided to a resident. | 3 | | (e) This Section does not apply to any Community Living | 4 | | Facility that does not receive State or federal funds through | 5 | | Medicaid or Medicare. | 6 | | (f) In this Section, "related business entity" means one | 7 | | of 2 or more entities where: | 8 | | (1) the entities have (i) significant common purposes | 9 | | and substantial common membership or (ii) directly or | 10 | | indirectly substantial common direction or control; or | 11 | | (2) either entity owns, directly or through one or | 12 | | more entities, a 50% or greater interest in the capital or | 13 | | profits of the other. | 14 | | Section 15. The Life Care Facilities Act is amended by | 15 | | adding Section 10.2 as follows: | 16 | | (210 ILCS 40/10.2 new) | 17 | | Sec. 10.2. Related business entities. | 18 | | (a) On and after 36 months after the effective date of this | 19 | | amendatory Act of the 102nd General Assembly, it is prohibited | 20 | | for a facility to be owned by and leased or rented to related | 21 | | business entities. | 22 | | (b) On and after 36 months after the effective date of this | 23 | | amendatory Act of the 102nd General Assembly, it is prohibited | 24 | | for a facility to employ a service provider that is a related |
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| 1 | | business entity of the owner of the facility. | 2 | | (c) A facility shall disclose all tiers of ownership of | 3 | | the facility to the Department. | 4 | | (d) A facility shall not charge any over-market rate for a | 5 | | resident's rent or for services provided to a resident. | 6 | | (e) This Section does not apply to any facility that does | 7 | | not receive State or federal funds through Medicaid or | 8 | | Medicare. | 9 | | (f) In this Section, "related business entity" means one | 10 | | of 2 or more entities where: | 11 | | (1) the entities have (i) significant common purposes | 12 | | and substantial common membership or (ii) directly or | 13 | | indirectly substantial common direction or control; or | 14 | | (2) either entity owns, directly or through one or | 15 | | more entities, a 50% or greater interest in the capital or | 16 | | profits of the other. | 17 | | Section 20. The Nursing Home Care Act is amended by adding | 18 | | Section 3-613 as follows: | 19 | | (210 ILCS 45/3-613 new) | 20 | | Sec. 3-613. Related business entities. | 21 | | (a) On and after 36 months after the effective date of this | 22 | | amendatory Act of the 102nd General Assembly, it is prohibited | 23 | | for a facility to be owned by and leased or rented to related | 24 | | business entities. |
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| 1 | | (b) On and after 36 months after the effective date of this | 2 | | amendatory Act of the 102nd General Assembly, it is prohibited | 3 | | for a facility to employ a service provider that is a related | 4 | | business entity of the owner of the facility. | 5 | | (c) A facility shall disclose all tiers of ownership of | 6 | | the facility to the Department. | 7 | | (d) A facility shall not charge any over-market rate for a | 8 | | resident's rent or for services provided to a resident. | 9 | | (e) This Section does not apply to any facility that does | 10 | | not receive State or federal funds through Medicaid or | 11 | | Medicare. | 12 | | (f) In this Section, "related business entity" means one | 13 | | of 2 or more entities where: | 14 | | (1) the entities have (i) significant common purposes | 15 | | and substantial common membership or (ii) directly or | 16 | | indirectly substantial common direction or control; or | 17 | | (2) either entity owns, directly or through one or | 18 | | more entities, a 50% or greater interest in the capital or | 19 | | profits of the other. | 20 | | Section 25. The MC/DD Act is amended by adding Section | 21 | | 3-613 as follows: | 22 | | (210 ILCS 46/3-613 new) | 23 | | Sec. 3-613. Related business entities. | 24 | | (a) On and after 36 months after the effective date of this |
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| 1 | | amendatory Act of the 102nd General Assembly, it is prohibited | 2 | | for a facility to be owned by and leased or rented to related | 3 | | business entities. | 4 | | (b) On and after 36 months after the effective date of this | 5 | | amendatory Act of the 102nd General Assembly, it is prohibited | 6 | | for a facility to employ a service provider that is a related | 7 | | business entity of the owner of the facility. | 8 | | (c) A facility shall disclose all tiers of ownership of | 9 | | the facility to the Department. | 10 | | (d) A facility shall not charge any over-market rate for a | 11 | | resident's rent or for services provided to a resident. | 12 | | (e) This Section does not apply to any facility that does | 13 | | not receive State or federal funds through Medicaid or | 14 | | Medicare. | 15 | | (f) In this Section, "related business entity" means one | 16 | | of 2 or more entities where: | 17 | | (1) the entities have (i) significant common purposes | 18 | | and substantial common membership or (ii) directly or | 19 | | indirectly substantial common direction or control; or | 20 | | (2) either entity owns, directly or through one or | 21 | | more entities, a 50% or greater interest in the capital or | 22 | | profits of the other. | 23 | | Section 30. The ID/DD Community Care Act is amended by | 24 | | adding Section 3-613 as follows: |
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| 1 | | (210 ILCS 47/3-613 new) | 2 | | Sec. 3-613. Related business entities. | 3 | | (a) On and after 36 months after the effective date of this | 4 | | amendatory Act of the 102nd General Assembly, it is prohibited | 5 | | for a facility to be owned by and leased or rented to related | 6 | | business entities. | 7 | | (b) On and after 36 months after the effective date of this | 8 | | amendatory Act of the 102nd General Assembly, it is prohibited | 9 | | for a facility to employ a service provider that is a related | 10 | | business entity of the owner of the facility. | 11 | | (c) A facility shall disclose all tiers of ownership of | 12 | | the facility to the Department. | 13 | | (d) A facility shall not charge any over-market rate for a | 14 | | resident's rent or for services provided to a resident. | 15 | | (e) This Section does not apply to any facility that does | 16 | | not receive State or federal funds through Medicaid or | 17 | | Medicare. | 18 | | (f) In this Section, "related business entity" means one | 19 | | of 2 or more entities where: | 20 | | (1) the entities have (i) significant common purposes | 21 | | and substantial common membership or (ii) directly or | 22 | | indirectly substantial common direction or control; or | 23 | | (2) either entity owns, directly or through one or | 24 | | more entities, a 50% or greater interest in the capital or | 25 | | profits of the other.
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