Full Text of HB5163 096th General Assembly
HB5163 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5163
Introduced 1/29/2010, by Rep. Karen A. Yarbrough SYNOPSIS AS INTRODUCED: |
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210 ILCS 9/20 |
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210 ILCS 9/35 |
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210 ILCS 9/55 |
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210 ILCS 9/65 |
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210 ILCS 9/75 |
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Amends the Assisted Living and Shared Housing Act. Requires the construction and operation of assisted living establishments to comply with specified requirements of the federal Fair Housing Act and the Illinois Human Rights Act, and permits the Department of Public Health to deny, revoke, suspend, or refuse to renew the license of an assisted living establishment for non-compliance.
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A BILL FOR
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HB5163 |
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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 20, 35, 55, 65, and 75 as follows:
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| (210 ILCS 9/20)
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| Sec. 20. Construction and operating standards. The | 8 |
| Department, in consultation with the Advisory Board, shall | 9 |
| prescribe
minimum standards for
establishments. These | 10 |
| standards shall include:
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| (1) the location and construction of the | 12 |
| establishment, including
plumbing,
heating, lighting,
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| ventilation, and other physical conditions which shall | 14 |
| ensure the health,
safety, and comfort
of residents and | 15 |
| their protection from fire hazards; these standards shall
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| include, at a minimum, compliance with the residential | 17 |
| board and care
occupancies chapter of the National Fire | 18 |
| Protection Association's Life Safety
Code, local and State | 19 |
| building codes for the building
type, and accessibility | 20 |
| standards of the Americans with Disabilities Act , the | 21 |
| requirements of the federal Fair Housing Act as set forth | 22 |
| in 42 USC 3604(f)(3), and the requirements set forth in | 23 |
| paragraph (3) of subsection (C) of Section 3-102.1 of the |
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| Illinois Human Rights Act ;
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| (2) the number and qualifications of all personnel | 3 |
| having responsibility
for
any part of the services provided | 4 |
| for
residents;
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| (3) all sanitary conditions within the establishment | 6 |
| and its surroundings,
including water supply,
sewage | 7 |
| disposal, food handling, infection control, and general | 8 |
| hygiene, which
shall ensure the
health and
comfort of | 9 |
| residents;
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| (4) a program for adequate maintenance of physical | 11 |
| plant and equipment;
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| (5) adequate accommodations, staff, and services for | 13 |
| the number and types
of residents for whom
the | 14 |
| establishment is licensed;
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| (6) the development of evacuation and other | 16 |
| appropriate safety plans for
use
during weather, health,
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| fire, physical plant, environmental, and national defense | 18 |
| emergencies; and
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| (7) the maintenance of minimum financial and other | 20 |
| resources necessary to
meet
the standards
established | 21 |
| under this Section and to operate the
establishment in | 22 |
| accordance with this Act.
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| (Source: P.A. 91-656, eff. 1-1-01.)
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| (210 ILCS 9/35)
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| (Text of Section after amendment by P.A. 96-339 )
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| Sec. 35. Issuance of license.
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| (a) Upon receipt and review of an application for a license | 3 |
| and review of
the applicant establishment, the Director may | 4 |
| issue a license if he or she
finds:
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| (1) that the individual applicant, or the corporation, | 6 |
| partnership, or
other entity if the applicant is not an | 7 |
| individual, is a person responsible and
suitable to operate | 8 |
| or to direct or participate in the operation of an
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| establishment by virtue of financial capacity, appropriate | 10 |
| business or
professional experience, a record of lawful | 11 |
| compliance with lawful orders of
the Department
and lack of | 12 |
| revocation of a license issued under this Act, the Nursing | 13 |
| Home
Care Act, or the MR/DD Community Care Act
during the | 14 |
| previous 5 years;
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| (2) that the establishment is under the supervision of | 16 |
| a full-time
director who is at least 21 years of age and | 17 |
| has a high school diploma or equivalent plus either: | 18 |
| (A) 2 years of management experience or 2 years of | 19 |
| experience in positions of progressive responsibility | 20 |
| in health care, housing with services, or adult day | 21 |
| care or providing similar services to the elderly; or | 22 |
| (B) 2 years of management experience or 2 years of | 23 |
| experience in positions of progressive responsibility | 24 |
| in hospitality and training in health care and housing | 25 |
| with services management as defined by rule;
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| (3) that the establishment has staff sufficient in |
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| number with
qualifications, adequate skills, education, | 2 |
| and experience to meet the 24 hour
scheduled and | 3 |
| unscheduled needs of residents and who participate in | 4 |
| ongoing
training to serve the resident population;
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| (4) that all employees who are subject to the Health | 6 |
| Care Worker Background Check Act meet the requirements of | 7 |
| that Act;
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| (5) that the applicant is in substantial compliance | 9 |
| with this Act , the federal Fair Housing Act (42 U.S.C. 3601 | 10 |
| et seq.), Sections 3-101 through 3-106 and Section 6-101 of | 11 |
| the Illinois Human Rights Act, and such
other requirements | 12 |
| for a
license as the Department by rule may establish under | 13 |
| this Act;
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| (6) that the applicant pays all required fees;
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| (7) that the applicant has provided to the Department | 16 |
| an accurate
disclosure document in
accordance with the | 17 |
| Alzheimer's Special Care Disclosure Act and in
substantial | 18 |
| compliance with Section 150 of this Act.
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| In addition to any other requirements set forth in this | 20 |
| Act, as a condition of licensure under this Act, the director | 21 |
| of an establishment must participate in at least 20 hours of | 22 |
| training every 2 years to assist him or her in better meeting | 23 |
| the needs of the residents of the establishment and managing
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| the operation of the establishment.
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| Any license issued by the Director shall state the physical | 26 |
| location of the
establishment, the date the license was issued, |
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| and the expiration date. All
licenses shall be valid for one | 2 |
| year, except as provided in Sections 40 and 45. Each
license | 3 |
| shall be issued only for the premises and persons named in the
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| application, and shall not be transferable or assignable.
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| (Source: P.A. 95-79, eff. 8-13-07; 95-590, eff. 9-10-07; | 6 |
| 95-628, eff. 9-25-07; 95-876, eff. 8-21-08; 96-339, eff. | 7 |
| 7-1-10.)
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| (210 ILCS 9/55)
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| (Text of Section after amendment by P.A. 96-339 )
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| Sec. 55. Grounds for denial of a license.
An application | 11 |
| for a license may be denied for any of the following reasons:
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| (1) failure to meet any of the standards set forth in | 13 |
| this Act or by rules
adopted by the Department under this | 14 |
| Act;
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| (2) conviction of the applicant, or if the applicant is | 16 |
| a firm,
partnership,
or association, of any of
its members, | 17 |
| or if a corporation, the conviction of the corporation or | 18 |
| any of
its officers or
stockholders, or of the person | 19 |
| designated to manage or supervise the
establishment, of a
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| felony or of 2 or more misdemeanors involving moral | 21 |
| turpitude during the
previous 5
years as shown by a | 22 |
| certified copy of the record of the court of conviction;
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| (3) personnel insufficient in number or unqualified by | 24 |
| training or
experience to properly care for
the residents;
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| (4) insufficient financial or other resources to |
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| operate and conduct the
establishment in
accordance with | 2 |
| standards adopted by the Department under this Act;
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| (5) revocation of a license during the previous 5
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| years,
if such prior license
was issued to the individual | 5 |
| applicant, a controlling owner or controlling
combination | 6 |
| of
owners of the applicant; or any affiliate of the | 7 |
| individual applicant or
controlling owner of
the applicant | 8 |
| and such individual applicant, controlling owner of the | 9 |
| applicant
or affiliate of
the applicant was a controlling | 10 |
| owner of the prior license; provided, however,
that the | 11 |
| denial
of an application for a license pursuant to this | 12 |
| Section must be supported
by evidence that
the prior | 13 |
| revocation renders the applicant unqualified or incapable | 14 |
| of meeting
or
maintaining an establishment in accordance | 15 |
| with the standards and rules
adopted by the
Department | 16 |
| under this Act; or
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| (6) the establishment is not under the direct | 18 |
| supervision of a full-time
director, as defined by
rule ; or | 19 |
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| (7) the establishment is found by the United States | 21 |
| Department of Housing and Urban Development, by a court of | 22 |
| competent jurisdiction, or by the Illinois Human Rights | 23 |
| Commission to be in violation of the federal Fair Housing | 24 |
| Act (42 U.S.C. 3601 et seq.) or Sections 3-101 through | 25 |
| 3-106 and Section 6-101 of the Illinois Human Rights Act. | 26 |
| The Department may not issue a license to such an |
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| establishment until the establishment has complied with | 2 |
| all relief ordered by the United States Department of | 3 |
| Housing and Urban Development, a court of competent | 4 |
| jurisdiction, or the Illinois Human Rights Commission and | 5 |
| has remedied the violation. | 6 |
| The Department shall deny an application for a license if 6 | 7 |
| months after submitting its initial application the applicant | 8 |
| has not provided the Department with all of the information | 9 |
| required for review and approval or the applicant is not | 10 |
| actively pursuing the processing of its application. In | 11 |
| addition, the Department shall determine whether the applicant | 12 |
| has violated any provision of the Nursing Home Care Act or the | 13 |
| MR/DD Community Care Act.
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| (Source: P.A. 96-339, eff. 7-1-10.)
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| (210 ILCS 9/65)
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| Sec. 65. Revocation, suspension, or refusal to renew | 17 |
| license.
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| (a) The Department, after notice to the applicant or | 19 |
| licensee, may
suspend,
revoke, or refuse
to renew a license in | 20 |
| any case in which the Department finds any of the
following:
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| (1) that there has been a substantial failure to comply | 22 |
| with this Act or
the rules promulgated by the Department | 23 |
| under this Act , or with the federal Fair Housing Act (42 | 24 |
| U.S.C. 3601 et seq.) or with Sections 3-101 through 3-106 | 25 |
| and Section 6-101 of the Illinois Human Rights Act ;
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| (2) that there has been a conviction of the licensee, | 2 |
| or of the person
designated to manage
or
supervise the
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| establishment, of a felony or of 2 or more misdemeanors | 4 |
| involving moral
turpitude
during the previous 5 years as | 5 |
| shown by a certified copy of the record of
the court of
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| conviction;
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| (3) that the personnel is insufficient in number or | 8 |
| unqualified by
training or
experience to properly
care for | 9 |
| the number and type of residents served by the | 10 |
| establishment;
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| (4) that the financial or other resources are | 12 |
| insufficient to conduct and
operate
the establishment in
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| accordance with standards promulgated by the Department | 14 |
| under this Act; or
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| (5) that the establishment is not under the direct | 16 |
| supervision of a
full-time
director, as defined
by rule ; or | 17 |
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| (6) that the establishment is found by the United | 19 |
| States Department of Housing and Urban Development, by a | 20 |
| court of competent jurisdiction, or by the Illinois Human | 21 |
| Rights Commission to be in violation of the federal Fair | 22 |
| Housing Act (42 U.S.C. 3601 et seq.) or Sections 3-101 | 23 |
| through 3-106 and Section 6-101 of the Illinois Human | 24 |
| Rights Act. The Department may not restore or renew a | 25 |
| license to such an establishment until the establishment | 26 |
| has complied with all relief ordered by the United States |
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| Department of Housing and Urban Development, a court of | 2 |
| competent jurisdiction, or the Illinois Human Rights | 3 |
| Commission and has remedied the violation. | 4 |
| (b) Notice under this Section shall include a clear and | 5 |
| concise statement of
the violations on
which the nonrenewal or | 6 |
| revocation is based, the statute or rule violated, and
notice | 7 |
| of the
opportunity for a hearing under Section 60.
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| (c) If an establishment desires to contest the nonrenewal | 9 |
| or revocation of a
license, the
establishment shall, within 10 | 10 |
| days after receipt of notice under subsection
(b) of this | 11 |
| Section,
notify the Department in writing of its request for a | 12 |
| hearing under Section
60. Upon receipt of
the request the | 13 |
| Department shall send notice to the establishment and hold a
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| hearing as provided
under Section 60.
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| (d) The effective date of nonrenewal or revocation of a | 16 |
| license by the
Department shall be
any of the following:
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| (1) until otherwise ordered by the circuit court, | 18 |
| revocation is effective
on
the date set by
the Department | 19 |
| in the notice of revocation, or upon final action after | 20 |
| hearing
under
Section 60, whichever is later;
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| (2) until otherwise ordered by the circuit court, | 22 |
| nonrenewal is effective
on
the date of
expiration of any | 23 |
| existing license, or upon final action after hearing under
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| Section 60,
whichever is later; however, a license shall | 25 |
| not be deemed to have expired if
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Department fails to | 26 |
| timely respond to a timely request for renewal under this
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| Act or for
a hearing to contest nonrenewal; or
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| (3) the Department may extend the effective date of | 3 |
| license
revocation or expiration in any
case in order to | 4 |
| permit orderly removal and relocation of residents.
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| (e) The Department may refuse to issue or may suspend the | 6 |
| license of any
person who fails
to file a return, or to pay the | 7 |
| tax, penalty or interest shown in a filed
return, or to pay any | 8 |
| final
assessment of tax, penalty or interest, as required by | 9 |
| any tax Act
administered by the Illinois
Department of Revenue, | 10 |
| until such time as the requirements of any such tax Act
are | 11 |
| satisfied.
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| (Source: P.A. 91-656, eff. 1-1-01.)
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| (210 ILCS 9/75)
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| Sec. 75. Residency Requirements.
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| (a) No individual shall be accepted for residency or remain | 16 |
| in residence if
the
establishment cannot provide or secure | 17 |
| appropriate
services, if the individual
requires a level of | 18 |
| service or type of service for which the establishment is
not | 19 |
| licensed or
which the establishment does not provide, or if the | 20 |
| establishment does not have
the staff
appropriate in numbers | 21 |
| and with appropriate skill to provide such services.
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| (b) Only adults may be accepted for residency.
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| (c) A person shall not be accepted for residency if:
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| (1) the person poses a serious threat to himself or | 25 |
| herself or to others;
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| (2) the person is not able to communicate his or her | 2 |
| needs and no
resident representative
residing in the | 3 |
| establishment, and with a prior relationship to the person,
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| has been appointed to direct the provision of
services;
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| (3) the person requires total assistance with 2 or more | 6 |
| activities of
daily
living;
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| (4) the person requires the assistance of more than one | 8 |
| paid caregiver at
any given time
with an activity of daily | 9 |
| living;
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| (5) the person requires more than minimal assistance in | 11 |
| moving to a safe
area in an
emergency;
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| (6) the person has a severe mental illness, which for | 13 |
| the purposes of
this Section
means a condition that is | 14 |
| characterized by the presence of a major mental
disorder
as | 15 |
| classified in the Diagnostic and Statistical Manual of | 16 |
| Mental Disorders,
Fourth
Edition (DSM-IV) (American | 17 |
| Psychiatric Association, 1994), where the individual
is | 18 |
| substantially disabled due to mental illness in the areas | 19 |
| of
self-maintenance,
social functioning, activities of | 20 |
| community living and work skills, and the
disability
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| specified is expected to be present for a period of not | 22 |
| less than one year, but
does not
mean Alzheimer's disease | 23 |
| and other forms of dementia based on organic or
physical | 24 |
| disorders;
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| (7) the person requires intravenous therapy or | 26 |
| intravenous feedings
unless self-administered or |
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| administered by a qualified, licensed health care
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| professional;
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| (8) the person requires gastrostomy feedings unless | 4 |
| self-administered or
administered
by a licensed health | 5 |
| care professional;
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| (9) the person requires insertion, sterile irrigation, | 7 |
| and replacement of
catheter, except
for routine | 8 |
| maintenance of urinary catheters, unless the catheter care | 9 |
| is
self-administered or administered by a licensed health | 10 |
| care professional;
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| (10) the person requires sterile wound care unless care | 12 |
| is
self-administered or
administered by a licensed health | 13 |
| care professional;
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| (11) the person requires sliding scale insulin | 15 |
| administration unless
self-performed or
administered by a | 16 |
| licensed health care professional;
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| (12) the person is a diabetic requiring routine insulin | 18 |
| injections unless
the injections
are self-administered or | 19 |
| administered by a licensed health care professional;
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| (13) the person requires treatment of stage 3 or stage | 21 |
| 4 decubitus ulcers
or exfoliative
dermatitis;
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| (14) the person requires 5 or more skilled nursing | 23 |
| visits per week for
conditions other
than those listed in | 24 |
| items (13) and (15) of this subsection for a
period of 3
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| consecutive weeks or more except when the course of | 26 |
| treatment is expected to
extend beyond a 3 week period for |
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| rehabilitative purposes and is certified as
temporary by a | 2 |
| physician; or
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| (15) other reasons prescribed by the Department by | 4 |
| rule.
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| (d) A resident with a condition listed in items (1) through | 6 |
| (15) of
subsection (c) shall have
his or her residency | 7 |
| terminated , except as provided in subsection (j) .
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| (e) Residency shall be terminated when services available | 9 |
| to the resident
in
the establishment
are no longer adequate to | 10 |
| meet the needs of the resident. This provision shall
not
be | 11 |
| interpreted as
limiting the authority of the Department to | 12 |
| require the residency termination
of individuals.
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| (f) Subsection (d) of this Section shall not apply to
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| terminally
ill residents who
receive or would qualify for | 15 |
| hospice care and such care is coordinated by
a hospice program | 16 |
| licensed
under the Hospice
Program
Licensing Act or other | 17 |
| licensed health care professional employed by a
licensed home | 18 |
| health
agency and the establishment and all parties agree to | 19 |
| the continued residency.
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| (g) Items (3), (4), (5), and (9) of subsection (c) shall | 21 |
| not apply to
a quadriplegic, paraplegic, or
individual with | 22 |
| neuro-muscular diseases, such as muscular dystrophy and
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| multiple
sclerosis, or other chronic diseases and conditions as | 24 |
| defined by rule if the
individual is able
to communicate his or | 25 |
| her needs and does not require assistance with complex
medical
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| problems, and the establishment is able to accommodate the |
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| individual's needs.
The Department shall prescribe rules | 2 |
| pursuant to this Section that address
special safety and | 3 |
| service needs of these individuals.
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| (h) For the purposes of items (7) through (10) of | 5 |
| subsection (c), a
licensed health care professional may not
be | 6 |
| employed by the owner or operator of the establishment, its | 7 |
| parent entity,
or any other entity with ownership common to | 8 |
| either the owner or operator of
the establishment or parent | 9 |
| entity, including but not limited to an affiliate
of the owner | 10 |
| or operator of the establishment. Nothing in this Section is
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| meant to limit a resident's right to
choose his or her health | 12 |
| care provider.
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| (i) Subsection (h) is not applicable to residents admitted | 14 |
| to an assisted living establishment under a life care contract | 15 |
| as defined in the Life Care Facilities Act if the life care | 16 |
| facility has both an assisted living establishment and a | 17 |
| skilled nursing facility. A licensed health care professional | 18 |
| providing health-related or supportive services at a life care | 19 |
| assisted living or shared housing establishment must be | 20 |
| employed by an entity licensed by the Department under the | 21 |
| Nursing Home Care Act or the Home Health, Home Services, and | 22 |
| Home Nursing Agency Licensing Act.
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| (j) Notwithstanding any provisions of this Section, a | 24 |
| licensee shall at all times act in conformance with the federal | 25 |
| Fair Housing Act (42 U.S.C. 3601 et seq.) and with Sections | 26 |
| 3-101 through 3-106 and Section 6-101 of the Illinois Human |
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| Rights Act. | 2 |
| (Source: P.A. 94-256, eff. 7-19-05; 94-570, eff. 8-12-05; | 3 |
| 95-216, eff. 8-16-07; 95-331, eff. 8-21-07.)
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