Full Text of HB0700 94th General Assembly
HB0700enr 94TH GENERAL ASSEMBLY
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HB0700 Enrolled |
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LRB094 04956 DRJ 37832 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 70, 75, and 90 as follows:
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| (210 ILCS 9/70)
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| Sec. 70. Service requirements. An
establishment must
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| provide all mandatory services and may provide optional | 9 |
| services, including
medication reminders, supervision of | 10 |
| self-administered medication and
medication administration as
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| defined by this Section
and nonmedical services defined by | 12 |
| rule, whether provided directly by the
establishment or by | 13 |
| another
entity arranged for by the establishment with the | 14 |
| consent of the resident or
the resident's
representative.
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| For the purposes of this Section, "medication reminders" | 16 |
| means reminding
residents to take pre-dispensed, | 17 |
| self-administered medication, observing the
resident, and | 18 |
| documenting whether or not the resident took the medication.
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| For the purposes of this Section, "supervision of | 20 |
| self-administered
medication" means assisting the resident | 21 |
| with self-administered medication
using any combination of the | 22 |
| following: reminding residents to take medication,
reading the | 23 |
| medication label to residents, checking the self-administered
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| medication dosage against the label of the medication, | 25 |
| confirming that
residents have obtained and are taking the | 26 |
| dosage as prescribed, and
documenting in writing that the | 27 |
| resident has taken (or refused to take) the
medication. If | 28 |
| residents are physically unable to open the container, the
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| container may be opened for them. Supervision of | 30 |
| self-administered medication
shall be under the direction of a | 31 |
| licensed health care professional.
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| For the purposes of this Section, "medication |
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| administration" refers to a
licensed health care professional | 2 |
| employed by an establishment engaging in
administering routine | 3 |
| insulin and vitamin B-12 injections,
oral medications,
topical | 4 |
| treatments, eye and ear drops, or
nitroglycerin patches.
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| Non-licensed staff may not administer any medication.
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| The Department shall specify by rule procedures for | 7 |
| medication reminders,
supervision of self-administered | 8 |
| medication, and medication administration.
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| Nothing in this Act shall preclude a physician licensed to | 10 |
| practice medicine
in all its branches from providing services | 11 |
| to any resident.
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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 | 27 |
| needs and no
resident representative
residing in the | 28 |
| 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 | 31 |
| activities of
daily
living;
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| (4) the person requires the assistance of more than one | 33 |
| paid caregiver at
any given time
with an activity of daily | 34 |
| living;
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| (5) the person requires more than minimal assistance in |
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| moving to a safe
area in an
emergency;
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| (6) the person has a severe mental illness, which for | 3 |
| the purposes of
this Section
means a condition that is | 4 |
| characterized by the presence of a major mental
disorder
as | 5 |
| classified in the Diagnostic and Statistical Manual of | 6 |
| Mental Disorders,
Fourth
Edition (DSM-IV) (American | 7 |
| Psychiatric Association, 1994), where the individual
is | 8 |
| substantially disabled due to mental illness in the areas | 9 |
| of
self-maintenance,
social functioning, activities of | 10 |
| community living and work skills, and the
disability
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| specified is expected to be present for a period of not | 12 |
| less than one year, but
does not
mean Alzheimer's disease | 13 |
| and other forms of dementia based on organic or
physical | 14 |
| disorders;
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| (7) the person requires intravenous therapy or | 16 |
| intravenous feedings
unless self-administered or | 17 |
| administered by a qualified, licensed health care
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| professional;
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| (8) the person requires gastrostomy feedings unless | 20 |
| self-administered or
administered
by a licensed health | 21 |
| care professional;
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| (9) the person requires insertion, sterile irrigation, | 23 |
| and replacement of
catheter, except
for routine | 24 |
| maintenance of urinary catheters, unless the catheter care | 25 |
| is
self-administered or administered by a licensed health | 26 |
| care professional;
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| (10) the person requires sterile wound care unless care | 28 |
| is
self-administered or
administered by a licensed health | 29 |
| care professional;
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| (11) the person requires sliding scale insulin | 31 |
| administration unless
self-performed or
administered by a | 32 |
| licensed health care professional;
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| (12) the person is a diabetic requiring routine insulin | 34 |
| injections unless
the injections
are self-administered or | 35 |
| administered by a licensed health care professional;
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| (13) the person requires treatment of stage 3 or stage |
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| 4 decubitus ulcers
or exfoliative
dermatitis;
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| (14) the person requires 5 or more skilled nursing | 3 |
| visits per week for
conditions other
than those listed in | 4 |
| 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 | 6 |
| treatment is expected to
extend beyond a 3 week period for | 7 |
| rehabilitative purposes and is certified as
temporary by a | 8 |
| physician; or
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| (15) other reasons prescribed by the Department by | 10 |
| rule.
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| (d) A resident with a condition listed in items (1) through | 12 |
| (15) of
subsection (c) shall have
his or her residency | 13 |
| terminated.
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| (e) Residency shall be terminated when services available | 15 |
| to the resident
in
the establishment
are no longer adequate to | 16 |
| meet the needs of the resident. This provision shall
not
be | 17 |
| interpreted as
limiting the authority of the Department to | 18 |
| 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 | 21 |
| hospice care and such care is coordinated by
a hospice licensed
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| under the Hospice
Program
Licensing Act or other licensed | 23 |
| health care professional employed by a
licensed home health
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| agency and the establishment and all parties agree to the | 25 |
| continued residency.
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| (g) Items (3), (4), (5), and (9) of subsection (c) shall | 27 |
| not apply to
a quadriplegic, paraplegic, or
individual with | 28 |
| neuro-muscular diseases, such as muscular dystrophy and
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| multiple
sclerosis, or other chronic diseases and conditions as | 30 |
| defined by rule if the
individual is able
to communicate his or | 31 |
| her needs and does not require assistance with complex
medical
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| problems, and the establishment is able to accommodate the | 33 |
| individual's needs.
The Department shall prescribe rules | 34 |
| pursuant to this Section that address
special safety and | 35 |
| service needs of these individuals.
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| (h) For the purposes of items (7) through (10)
(11) of |
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| subsection (c), a
licensed health care professional may not
be | 2 |
| employed by the owner or operator of the establishment, its | 3 |
| parent entity,
or any other entity with ownership common to | 4 |
| either the owner or operator of
the establishment or parent | 5 |
| entity, including but not limited to an affiliate
of the owner | 6 |
| 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 | 8 |
| care provider.
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| (Source: P.A. 93-141, eff. 7-10-03.)
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| (210 ILCS 9/90)
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| Sec. 90. Contents of service delivery contract. A contract | 12 |
| between an
establishment and a resident must be entitled | 13 |
| "assisted living
establishment
contract" or "shared housing | 14 |
| establishment contract" as applicable, shall be
printed in no | 15 |
| less
than 12 point type, and shall include at least the | 16 |
| following elements in the
body or through
supporting documents | 17 |
| or attachments:
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| (1) the name, street address, and mailing address of | 19 |
| the establishment;
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| (2) the name and mailing address of the owner or owners | 21 |
| of the
establishment and, if
the owner or owners are not | 22 |
| natural persons, the type of business entity of the
owner
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| or owners;
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| (3) the name and mailing address of the managing agent | 25 |
| of the
establishment, whether
hired under a management | 26 |
| agreement or lease agreement, if the managing agent is
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| different from the owner or owners;
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| (4) the name and address of at least one natural person | 29 |
| who is authorized
to accept
service on behalf of the owners | 30 |
| and managing agent;
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| (5) a statement describing the license status of the | 32 |
| establishment and the
license status
of all providers of | 33 |
| health-related or supportive services to a resident under
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| arrangement with the establishment;
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| (6) the duration of the contract;
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| (7) the base rate to be paid by the resident and a | 2 |
| description of the
services to be
provided as part of this | 3 |
| rate;
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| (8) a description of any additional services to be | 5 |
| provided for an
additional fee by the
establishment | 6 |
| directly or by a third party provider under arrangement | 7 |
| with the
establishment;
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| (9) the fee schedules outlining the cost of any | 9 |
| additional services;
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| (10) a description of the process through which the | 11 |
| contract may be
modified, amended,
or terminated;
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| (11) a description of the establishment's complaint | 13 |
| resolution process
available to
residents and notice of the | 14 |
| availability of the Department on Aging's Senior
Helpline
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| for
complaints;
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| (12) the name of the resident's designated | 17 |
| representative, if any;
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| (13) the resident's obligations in order to maintain | 19 |
| residency and
receive
services including compliance with | 20 |
| all assessments required under Section 15;
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| (14) the billing and payment procedures and | 22 |
| requirements;
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| (15) a statement affirming the resident's freedom to | 24 |
| receive services from
service
providers with whom the | 25 |
| establishment does not have a contractual arrangement,
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| which may also disclaim liability on the part of the
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| establishment for those services;
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| (16) a statement that medical assistance under Article | 29 |
| V or Article VI of
the Illinois
Public Aid Code is not | 30 |
| available for payment for services provided in an
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| establishment, excluding contracts executed with residents | 32 |
| residing in licensed establishments participating in the | 33 |
| Department on Aging's Comprehensive Care in Residential | 34 |
| Settings Demonstration Project;
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| (17) a statement detailing the admission, risk | 36 |
| management, and residency
termination
criteria and |
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| procedures;
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| (18) a statement listing the rights specified in | 3 |
| Section 95 and
acknowledging that, by contracting with the | 4 |
| assisted
living or shared
housing establishment, the | 5 |
| resident does not forfeit those rights; and
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| (19) a statement detailing the Department's annual | 7 |
| on-site review process
including
what documents contained | 8 |
| in a resident's personal file shall be reviewed by
the | 9 |
| on-site reviewer as defined by rule ; and . | 10 |
| (20) a statement outlining whether the establishment | 11 |
| charges a community fee and, if so, the amount of the fee | 12 |
| and whether it is refundable; if the fee is refundable, the | 13 |
| contract must describe the conditions under which it is | 14 |
| refundable and how the amount of the refund is determined.
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| (Source: P.A. 93-775, eff. 1-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
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