(210 ILCS 9/10) Sec. 10. Definitions. For purposes of this Act: "Activities of daily living" means eating, dressing, bathing, toileting,
transferring, or personal
hygiene. "Assisted living establishment" or "establishment" means a home, building,
residence, or any
other place where sleeping accommodations are provided for at least 3
unrelated adults,
at least 80% of whom are 55 years of age or older and where the following are
provided
consistent with the purposes of this Act: (1) services consistent with a social model that is |
| based on the premise that the resident's unit in assisted living and shared housing is his or her own home;
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(2) community-based residential care for persons who
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| need assistance with activities of daily living, including personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident;
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(3) mandatory services, whether provided directly by
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| the establishment or by another entity arranged for by the establishment, with the consent of the resident or resident's representative; and
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(4) a physical environment that is a homelike setting
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| that includes the following and such other elements as established by the Department: individual living units each of which shall accommodate small kitchen appliances and contain private bathing, washing, and toilet facilities, or private washing and toilet facilities with a common bathing room readily accessible to each resident. Units shall be maintained for single occupancy except in cases in which 2 residents choose to share a unit. Sufficient common space shall exist to permit individual and group activities.
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"Assisted living establishment" or "establishment" does not mean any of the
following:
(1) A home, institution, or similar place operated
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| by the federal government or the State of Illinois.
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(2) A long term care facility licensed under the
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| Nursing Home Care Act, a facility licensed under the Specialized Mental Health Rehabilitation Act of 2013, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the MC/DD Act. However, a facility licensed under any of those Acts may convert distinct parts of the facility to assisted living. If the facility elects to do so, the facility shall retain the Certificate of Need for its nursing and sheltered care beds that were converted.
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(3) A hospital, sanitarium, or other institution, the
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| principal activity or business of which is the diagnosis, care, and treatment of human illness and that is required to be licensed under the Hospital Licensing Act.
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(4) A facility for child care as defined in the Child
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(5) A community living facility as defined in the
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| Community Living Facilities Licensing Act.
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(6) A nursing home or sanitarium operated solely by
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| and for persons who rely exclusively upon treatment by spiritual means through prayer in accordance with the creed or tenants of a well-recognized church or religious denomination.
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(7) A facility licensed by the Department of Human
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| Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act.
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(8) A supportive residence licensed under the
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| Supportive Residences Licensing Act.
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(9) The portion of a life care facility as defined in
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| the Life Care Facilities Act not licensed as an assisted living establishment under this Act; a life care facility may apply under this Act to convert sections of the community to assisted living.
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(10) A free-standing hospice facility licensed under
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| the Hospice Program Licensing Act.
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(11) A shared housing establishment.
(12) A supportive living facility as described in
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| Section 5-5.01a of the Illinois Public Aid Code.
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"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Emergency situation" means imminent danger of death or serious physical
harm to a
resident of an establishment.
"License" means any of the following types of licenses issued to an applicant
or licensee by the
Department:
(1) "Probationary license" means a license issued to
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| an applicant or licensee that has not held a license under this Act prior to its application or pursuant to a license transfer in accordance with Section 50 of this Act.
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(2) "Regular license" means a license issued by the
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| Department to an applicant or licensee that is in substantial compliance with this Act and any rules promulgated under this Act.
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"Licensee" means a person, agency, association, corporation, partnership, or
organization that
has been issued a license to operate an assisted living or shared housing
establishment.
"Licensed health care professional" means a registered professional nurse,
an advanced practice registered nurse, a physician assistant, and a licensed practical
nurse.
"Mandatory services" include the following:
(1) 3 meals per day available to the residents
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| prepared by the establishment or an outside contractor;
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(2) housekeeping services including, but not limited
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| to, vacuuming, dusting, and cleaning the resident's unit;
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(3) personal laundry and linen services available to
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| the residents provided or arranged for by the establishment;
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(4) security provided 24 hours each day including,
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| but not limited to, locked entrances or building or contract security personnel;
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(5) an emergency communication response system, which
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| is a procedure in place 24 hours each day by which a resident can notify building management, an emergency response vendor, or others able to respond to his or her need for assistance; and
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(6) assistance with activities of daily living as
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| required by each resident.
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"Negotiated risk" is the process by which a resident, or his or her
representative,
may formally
negotiate with providers what risks each are willing and unwilling to assume in
service provision
and the resident's living environment. The provider assures that the resident
and the
resident's representative, if any, are informed of the risks of these decisions
and of
the potential
consequences of assuming these risks.
"Owner" means the individual, partnership, corporation, association, or other
person who owns
an assisted living or shared housing establishment. In the event an assisted
living or shared
housing establishment is operated by a person who leases or manages the
physical plant, which is
owned by another person, "owner" means the person who operates the assisted
living or shared
housing establishment, except that if the person who owns the physical plant is
an affiliate of the
person who operates the assisted living or shared housing establishment and has
significant
control over the day to day operations of the assisted living or shared housing
establishment, the
person who owns the physical plant shall incur jointly and severally with the
owner all liabilities
imposed on an owner under this Act.
"Physician" means a person licensed
under the Medical Practice Act of 1987
to practice medicine in all of its
branches.
"Resident" means a person residing in an assisted living or shared housing
establishment.
"Resident's representative" means a person, other than the owner, agent, or
employee of an
establishment or of the health care provider unless related to the resident,
designated in writing by a
resident to be his or her
representative. This designation may be accomplished through the Illinois
Power of Attorney Act, pursuant to the guardianship process under the Probate
Act of 1975, or pursuant to an executed designation of representative form
specified by the Department.
"Self" means the individual or the individual's designated representative.
"Shared housing establishment" or "establishment" means a publicly or
privately operated free-standing
residence for 16 or fewer persons, at least 80% of whom are 55
years of age or older
and who are unrelated to the owners and one manager of the residence, where
the following are provided:
(1) services consistent with a social model that is
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| based on the premise that the resident's unit is his or her own home;
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(2) community-based residential care for persons who
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| need assistance with activities of daily living, including housing and personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident; and
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(3) mandatory services, whether provided directly by
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| the establishment or by another entity arranged for by the establishment, with the consent of the resident or the resident's representative.
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"Shared housing establishment" or "establishment" does not mean any of the
following:
(1) A home, institution, or similar place operated by
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| the federal government or the State of Illinois.
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(2) A long term care facility licensed under the
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| Nursing Home Care Act, a facility licensed under the Specialized Mental Health Rehabilitation Act of 2013, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the MC/DD Act. A facility licensed under any of those Acts may, however, convert sections of the facility to assisted living. If the facility elects to do so, the facility shall retain the Certificate of Need for its nursing beds that were converted.
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(3) A hospital, sanitarium, or other institution, the
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| principal activity or business of which is the diagnosis, care, and treatment of human illness and that is required to be licensed under the Hospital Licensing Act.
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(4) A facility for child care as defined in the Child
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(5) A community living facility as defined in the
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| Community Living Facilities Licensing Act.
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(6) A nursing home or sanitarium operated solely by
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| and for persons who rely exclusively upon treatment by spiritual means through prayer in accordance with the creed or tenants of a well-recognized church or religious denomination.
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(7) A facility licensed by the Department of Human
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| Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act.
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(8) A supportive residence licensed under the
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| Supportive Residences Licensing Act.
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(9) A life care facility as defined in the Life Care
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| Facilities Act; a life care facility may apply under this Act to convert sections of the community to assisted living.
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(10) A free-standing hospice facility licensed under
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| the Hospice Program Licensing Act.
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(11) An assisted living establishment.
(12) A supportive living facility as described in
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| Section 5-5.01a of the Illinois Public Aid Code.
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"Total assistance" means that staff or another individual performs the entire
activity of daily
living without participation by the resident.
(Source: P.A. 99-180, eff. 7-29-15; 100-513, eff. 1-1-18 .)
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(210 ILCS 9/20)
Sec. 20. Construction and operating standards. The Department shall prescribe
minimum standards for
establishments. These standards shall include:
(1) the location and construction of the |
| establishment, including plumbing, heating, lighting, ventilation, and other physical conditions which shall ensure the health, safety, and comfort of residents and their protection from fire hazards; these standards shall include, at a minimum, compliance with the residential board and care occupancies chapter of the National Fire Protection Association's Life Safety Code, local and State building codes for the building type, and accessibility standards of the Americans with Disabilities Act;
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(2) the number and qualifications of all personnel
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| having responsibility for any part of the services provided for residents;
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(3) all sanitary conditions within the establishment
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| and its surroundings, including water supply, sewage disposal, food handling, infection control, and general hygiene, which shall ensure the health and comfort of residents;
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(4) a program for adequate maintenance of physical
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(5) adequate accommodations, staff, and services for
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| the number and types of residents for whom the establishment is licensed;
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(6) the development of evacuation and other
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| appropriate safety plans for use during weather, health, fire, physical plant, environmental, and national defense emergencies; and
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(7) the maintenance of minimum financial and other
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| resources necessary to meet the standards established under this Section and to operate the establishment in accordance with this Act.
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(Source: P.A. 96-975, eff. 7-2-10.)
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(210 ILCS 9/21) (This Section may contain text from a Public Act with a delayed effective date ) Sec. 21. Establishment plan review; fees. (a) Before commencing construction of new assisted living or shared housing establishments or alterations or additions to an existing assisted living or shared housing establishment involving major construction, as defined by rule by the Department, an applicant under this Section shall submit architectural drawings and specifications to the Department for review and approval. An applicant under this Section shall submit architectural drawings and specifications for other construction projects for Department review according to subsection (b) that shall not be subject to fees under subsection (d). Review of drawings and specifications shall be conducted by an employee of the Department meeting the qualifications established by the Department of Central Management Services class specifications for the individual's position. Final approval of the drawings and specifications for compliance with design and construction standards shall be obtained from the Department before the proposed alteration, addition, or new construction begins. The Department shall adopt rules for determining whether a construction, alteration, or addition is subject to the submission requirements of this Section. The Department shall not review a submission under this Section until the required fee, if any, has been paid. (b) The Department shall inform an applicant in writing within 10 working days after receiving drawings, specifications, and the required fee, if any, from the applicant whether the applicant's submission is complete or incomplete. Failure to provide the applicant with this notice within 10 working days shall result in the submission being deemed complete for purposes of initiating the 45 calendar day review period under this Section. If the submission is incomplete, the Department shall inform the applicant of the deficiencies with the submission in writing. If the submission is complete and the required fee, if any, has been paid, the Department shall approve or disapprove drawings and specifications submitted to the Department no later than 45 calendar days following receipt by the Department. The drawings and specifications shall be of sufficient detail, as provided by Department rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the drawings are not of sufficient detail for it to render a determination of compliance, the plans shall be determined to be incomplete and shall not be considered for purposes of initiating the 45 calendar day review period. If a submission of drawings and specifications is incomplete, the applicant may submit additional information. The 45 calendar day review period shall not commence until the Department determines that a submission of drawings and specifications is complete or the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications within 45 calendar days, the construction, major alteration, or addition shall be deemed approved. If the drawings and specifications are disapproved, the Department shall state in writing, with specificity, the reasons for the disapproval. The entity submitting the drawings and specifications may submit additional information in response to the written comments from the Department or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made within 30 calendar days of the receipt of the additional information or reconsideration request. If denied, the Department shall state the specific reasons for the denial. (c) The Department shall provide written approval for occupancy pursuant to subsection (g). (d) The Department shall charge the following fees in connection with its reviews conducted after the effective date of this amendatory Act of the 103rd General Assembly under this Section: (1) If the estimated dollar value of the alteration, |
| addition, or new construction is $99,999.99 or less, no fee is required.
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(2) If the estimated dollar value of the alteration,
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| addition, or new construction is $100,000 or more but less than $500,000, the fee shall be the greater of $2,400 or 1.2% of the estimated dollar value of the alteration, addition, or new construction.
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(3) If the estimated dollar value of the alteration,
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| addition, or new construction is $500,000 or more but less than $1,000,000, the fee shall be the greater of $6,0000 or 0.96% of that value.
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(4) If the estimated dollar value of the alteration,
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| addition, or new construction is $1,000,000 or more but less than $5,000,000, the fee shall be the greater of $9,600 or 0.22% of the estimated dollar value of the alteration, addition, or new construction.
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(5) If the estimated dollar value of the alteration,
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| addition, or new construction is $5,000,000 or more, the fee shall be the greater of $11,000 or 0.11% of the estimated dollar value of the alteration, addition, or new construction, but shall not exceed $30,000.
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The fees provided in this subsection (d) shall not apply to major construction projects involving establishment changes that are required by an amendment to a Department rule.
The Department shall not commence the establishment plan review process under this Section until the applicable fee has been paid.
(e) All fees received by the Department under this Section shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State Treasury. All fees paid by establishments under this Section shall be used only to cover the costs relating to the Department's review of projects listed in this Section. Moneys shall be appropriated from that Fund to the Department only to pay the costs of conducting reviews under this Section, under Section 3-202.5 of the Nursing Home Care Act, Section 3-202.5 of the MC/DD Act, or Section 3-202.5 of the ID/DD Community Care Act. None of the moneys in the Health Facility Plan Review Fund shall be used to reduce the amount of General Revenue Fund moneys appropriated to the Department for plan reviews conducted pursuant to this Section.
(f) The Department shall review the fee structure 3 years after the effective date of this amendatory Act of the 103rd General Assembly and every 5 years thereafter, and fees shall be increased or decreased to maintain the plan review program.
(g) The Department shall conduct an on-site inspection of the completed project no later than 30 working days after notification from the applicant under this Section that the project has been completed and all certifications required by the Department have been received and accepted by the Department. The Department shall provide written approval for occupancy to the applicant within 10 working days of the Department's final inspection, provided the applicant has demonstrated substantial compliance as defined by Department rule. Occupancy of new major construction is prohibited until Department approval is received, unless the Department has not acted within the time frames provided in this subsection (g), in which case the construction shall be deemed approved. Occupancy shall be authorized after any required health inspection by the Department has been conducted.
(h) The Department shall establish, by rule, a procedure to conduct voluntary interim on-site review of large or complex construction projects for a fee of $3,000 per interim on-site review.
(i) The Department shall establish, by rule, an expedited process for emergency repairs or replacement of like equipment.
The establishment shall not be occupied until the Department provides written approval for occupancy to the owner or operator within 10 business days after the Department's final inspection, provided that the owner or operator has substantially complied with this Section as determined by the Department by rule.
(j) Nothing in this Section shall be construed to apply to maintenance, upkeep, or renovation that does not affect the structural integrity of the building, does not add units or services over the number for which the establishment is licensed, and provides a reasonable degree of safety for the residents.
(Source: P.A. 103-714, eff. 1-1-25.)
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(210 ILCS 9/30)
Sec. 30. Licensing.
(a) The Department shall
establish
by rule forms,
procedures, and fees for the annual licensing of assisted living and shared
housing
establishments; shall establish and enforce sanctions and penalties for
operating in violation
of this Act, as provided in Section 135 of this Act and rules
adopted under
Section 110 of this Act. The Department shall conduct an annual on-site
review
for
each
establishment covered by this Act, which shall include, but not be limited to,
compliance with
this Act and rules adopted hereunder, focus on solving resident issues
and concerns,
and the quality improvement process implemented by the establishment to address
resident
issues. The quality improvement process implemented by the establishment must
benchmark performance, be customer centered, be data driven, and focus on
resident
satisfaction.
(b) An establishment shall provide the following information to the
Department
to be considered for licensure:
(1) the business name, street address, mailing |
| address, and telephone number of the establishment;
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(2) the name and mailing address of the owner or
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| owners of the establishment and if the owner or owners are not natural persons, identification of the type of business entity of the owners, and the names and addresses of the officers and members of the governing body, or comparable persons for partnerships, limited liability companies, or other types of business organizations;
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(3) financial information, content and form to be
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| determined by rules which may provide different standards for assisted living establishments and shared housing establishments, establishing that the project is financially feasible;
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(4) the name and mailing address of the managing
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| agent of the establishment, whether hired under a management agreement or lease agreement, if different from the owner or owners, and the name of the full-time director;
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(5) verification that the establishment has entered
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| or will enter into a service delivery contract as provided in Section 90, as required under this Act, with each resident or resident's representative;
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(6) the name and address of at least one natural
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| person who shall be responsible for dealing with the Department on all matters provided for in this Act, on whom personal service of all notices and orders shall be made, and who shall be authorized to accept service on behalf of the owner or owners and the managing agent. Notwithstanding a contrary provision of the Code of Civil Procedure, personal service on the person identified pursuant to this subsection shall be considered service on the owner or owners and the managing agent, and it shall not be a defense to any action that personal service was not made on each individual or entity;
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(7) the signature of the authorized representative of
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(8) proof of an ongoing quality improvement program
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| in accordance with rules adopted by the Department;
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(9) information about the number and types of units,
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| the maximum census, and the services to be provided at the establishment, proof of compliance with applicable State and local residential standards, and a copy of the standard contract offered to residents;
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(10) documentation of adequate liability insurance;
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(11) other information necessary to determine the
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| identity and qualifications of an applicant or licensee to operate an establishment in accordance with this Act as required by the Department by rule.
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(c) The information in the statement of ownership shall be public
information and shall be
available from the Department.
(Source: P.A. 96-975, eff. 7-2-10.)
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(210 ILCS 9/35)
Sec. 35. Issuance of license.
(a) Upon receipt and review of an application for a license and review of
the applicant establishment, the Director may issue a license if he or she
finds:
(1) that the individual applicant, or the |
| corporation, partnership, or other entity if the applicant is not an individual, is a person responsible and suitable to operate or to direct or participate in the operation of an establishment by virtue of financial capacity, appropriate business or professional experience, a record of lawful compliance with lawful orders of the Department and lack of revocation of a license issued under this Act, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act during the previous 5 years;
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(2) that the establishment is under the supervision
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| of a full-time director who is at least 21 years of age and has a high school diploma or equivalent plus either:
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(A) 2 years of management experience or 2 years
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| of experience in positions of progressive responsibility in health care, housing with services, or adult day care or providing similar services to the elderly; or
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(B) 2 years of management experience or 2 years
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| of experience in positions of progressive responsibility in hospitality and training in health care and housing 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, and experience to meet the 24 hour scheduled and unscheduled needs of residents and who participate in ongoing training to serve the resident population;
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(4) that all employees who are subject to the Health
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| Care Worker Background Check Act meet the requirements of that Act;
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(5) that the applicant is in substantial compliance
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| with this Act and such other requirements for a license as the Department by rule may establish under this Act;
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(6) that the applicant pays all required fees;
(7) that the applicant has provided to the Department
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| an accurate disclosure document in accordance with the Alzheimer's Disease and Related Dementias Special Care Disclosure Act and in substantial compliance with Section 150 of this Act.
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In addition to any other requirements set forth in this Act, as a condition of licensure under this Act, the director of an establishment must participate in at least 20 hours of training every 2 years to assist him or her in better meeting the needs of the residents of the establishment and managing
the operation of the establishment.
Any license issued by the Director shall state the physical location of the
establishment, the date the license was issued, and the expiration date. All
licenses shall be valid for one year, except as provided in Sections 40 and 45. Each
license shall be issued only for the premises and persons named in the
application, and shall not be transferable or assignable.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
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(210 ILCS 9/65)
Sec. 65.
Revocation, suspension, or refusal to renew license.
(a) The Department, after notice to the applicant or licensee, may
suspend,
revoke, or refuse
to renew a license in any case in which the Department finds any of the
following:
(1) that there has been a substantial failure to |
| comply with this Act or the rules promulgated by the Department under this Act;
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(2) that there has been a conviction of the licensee,
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| or of the person designated to manage or supervise the establishment, of a felony or of 2 or more misdemeanors involving moral turpitude during the previous 5 years as shown by a certified copy of the record of the court of conviction;
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(3) that the personnel is insufficient in number or
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| unqualified by training or experience to properly care for the number and type of residents served by the establishment;
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(4) that the financial or other resources are
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| insufficient to conduct and operate the establishment in accordance with standards promulgated by the Department under this Act; or
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(5) that the establishment is not under the direct
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| supervision of a full-time director, as defined by rule.
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(b) Notice under this Section shall include a clear and concise statement of
the violations on
which the nonrenewal or revocation is based, the statute or rule violated, and
notice of the
opportunity for a hearing under Section 60.
(c) If an establishment desires to contest the nonrenewal or revocation of a
license, the
establishment shall, within 10 days after receipt of notice under subsection
(b) of this Section,
notify the Department in writing of its request for a hearing under Section
60. Upon receipt of
the request the Department shall send notice to the establishment and hold a
hearing as provided
under Section 60.
(d) The effective date of nonrenewal or revocation of a license by the
Department shall be
any of the following:
(1) until otherwise ordered by the circuit court,
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| revocation is effective on the date set by the Department in the notice of revocation, or upon final action after hearing under Section 60, whichever is later;
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(2) until otherwise ordered by the circuit court,
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| nonrenewal is effective on the date of expiration of any existing license, or upon final action after hearing under Section 60, whichever is later; however, a license shall not be deemed to have expired if the Department fails to timely respond to a timely request for renewal under this Act or for a hearing to contest nonrenewal; or
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(3) the Department may extend the effective date of
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| license revocation or expiration in any case in order to permit orderly removal and relocation of residents.
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(e) The Department may refuse to issue or may suspend the license of any
person who fails
to file a return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final
assessment of tax, penalty or interest, as required by any tax Act
administered by the Illinois
Department of Revenue, until such time as the requirements of any such tax Act
are satisfied.
(Source: P.A. 91-656, eff. 1-1-01.)
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(210 ILCS 9/75) Sec. 75. Residency requirements. (a) No individual shall be accepted for residency or remain in residence if the establishment cannot provide or secure appropriate services, if the individual requires a level of service or type of service for which the establishment is not licensed or which the establishment does not provide, or if the establishment does not have the staff appropriate in numbers and with appropriate skill to provide such services. (b) Only adults may be accepted for residency. (c) A person shall not be accepted for residency if: (1) the person poses a serious threat to himself or |
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(2) the person is not able to communicate his or her
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| needs and no resident representative residing in the establishment, and with a prior relationship to the person, has been appointed to direct the provision of services;
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(3) the person requires total assistance with 2 or
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| more activities of daily living;
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(4) the person requires the assistance of more than
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| one paid caregiver at any given time with an activity of daily living;
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(5) the person requires more than minimal assistance
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| in moving to a safe area in an emergency;
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(6) the person has a severe mental illness, which for
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| the purposes of this Section means a condition that is characterized by the presence of a major mental disorder as classified in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV) (American Psychiatric Association, 1994), where the individual is a person with a substantial disability due to mental illness in the areas of self-maintenance, social functioning, activities of community living and work skills, and the disability specified is expected to be present for a period of not less than one year, but does not mean Alzheimer's disease and other forms of dementia based on organic or physical disorders;
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(7) the person requires intravenous therapy or
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| intravenous feedings unless self-administered or administered by a qualified, licensed health care professional;
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(8) the person requires gastrostomy feedings unless
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| self-administered or administered by a licensed health care professional;
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(9) the person requires insertion, sterile
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| irrigation, and replacement of catheter, except for routine maintenance of urinary catheters, unless the catheter care is self-administered or administered by a licensed health care professional;
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(10) the person requires sterile wound care unless
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| care is self-administered or administered by a licensed health care professional;
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(11) (blank);
(12) the person is a diabetic requiring routine
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| insulin injections unless the injections are self-administered or administered by a licensed health care professional;
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(13) the person requires treatment of stage 3 or
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| stage 4 decubitus ulcers or exfoliative dermatitis;
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(14) the person requires 5 or more skilled nursing
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| visits per week for conditions other than those listed in items (13) and (15) of this subsection for a period of 3 consecutive weeks or more except when the course of treatment is expected to extend beyond a 3 week period for rehabilitative purposes and is certified as temporary by a physician; or
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(15) other reasons prescribed by the Department by
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(d) A resident with a condition listed in items (1) through (15) of subsection (c) shall have his or her residency terminated.
(e) Residency shall be terminated when services available to the resident in the establishment are no longer adequate to meet the needs of the resident. This provision shall not be interpreted as limiting the authority of the Department to require the residency termination of individuals.
(f) Subsection (d) of this Section shall not apply to terminally ill residents who receive or would qualify for hospice care and such care is coordinated by a hospice program licensed under the Hospice Program Licensing Act or other licensed health care professional employed by a licensed home health agency and the establishment and all parties agree to the continued residency.
(g) Items (3), (4), (5), and (9) of subsection (c) shall not apply to a quadriplegic, paraplegic, or individual with neuro-muscular diseases, such as muscular dystrophy and multiple sclerosis, or other chronic diseases and conditions as defined by rule if the individual is able to communicate his or her needs and does not require assistance with complex medical problems, and the establishment is able to accommodate the individual's needs. The Department shall prescribe rules pursuant to this Section that address special safety and service needs of these individuals.
(h) For the purposes of items (7) through (10) of subsection (c), a licensed health care professional may not be employed by the owner or operator of the establishment, its parent entity, or any other entity with ownership common to either the owner or operator of the establishment or parent entity, including but not limited to an affiliate of the owner or operator of the establishment. Nothing in this Section is meant to limit a resident's right to choose his or her health care provider.
(i) Subsection (h) is not applicable to residents admitted to an assisted living establishment under a life care contract as defined in the Life Care Facilities Act if the life care facility has both an assisted living establishment and a skilled nursing facility. A licensed health care professional providing health-related or supportive services at a life care assisted living or shared housing establishment must be employed by an entity licensed by the Department under the Nursing Home Care Act or the Home Health, Home Services, and Home Nursing Agency Licensing Act.
(Source: P.A. 103-444, eff. 1-1-24 .)
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(210 ILCS 9/90)
Sec. 90. Contents of service delivery contract. A contract between an
establishment and a resident must be entitled "assisted living
establishment
contract" or "shared housing establishment contract" as applicable, shall be
printed in no less
than 12 point type, and shall include at least the following elements in the
body or through
supporting documents or attachments:
(1) the name, street address, and mailing address of |
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(2) the name and mailing address of the owner or
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| owners of the establishment and, if the owner or owners are not natural persons, the type of business entity of the owner or owners;
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(3) the name and mailing address of the managing
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| agent of the establishment, whether hired under a management agreement or lease agreement, if the managing agent is different from the owner or owners;
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(4) the name and address of at least one natural
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| person who is authorized to accept service on behalf of the owners and managing agent;
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(5) a statement describing the license status of the
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| establishment and the license status of all providers of health-related or supportive services to a resident under arrangement with the establishment;
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(6) the duration of the contract;
(7) the base rate to be paid by the resident and a
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| description of the services to be provided as part of this rate;
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(8) a description of any additional services to be
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| provided for an additional fee by the establishment directly or by a third party provider under arrangement with the establishment;
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(9) the fee schedules outlining the cost of any
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(10) a description of the process through which the
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| contract may be modified, amended, or terminated;
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(11) a description of the establishment's complaint
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| resolution process available to residents and notice of the availability of the Department on Aging's Senior Helpline for complaints;
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(12) the name of the resident's designated
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(13) the resident's obligations in order to maintain
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| residency and receive services including compliance with all assessments required under Section 15;
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(14) the billing and payment procedures and
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(15) a statement affirming the resident's freedom to
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| receive services from service providers with whom the establishment does not have a contractual arrangement, which may also disclaim liability on the part of the establishment for those services;
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(16) a statement that medical assistance under
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| Article V or Article VI of the Illinois Public Aid Code is not available for payment for services provided in an establishment, excluding contracts executed with residents residing in licensed establishments participating in the Department on Aging's Comprehensive Care in Residential Settings Demonstration Project;
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(17) a statement detailing the admission, risk
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| management, and residency termination criteria and procedures;
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(18) a statement listing the rights specified in
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| Section 95 and acknowledging that, by contracting with the assisted living or shared housing establishment, the resident does not forfeit those rights;
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(19) a statement detailing the Department's annual
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| on-site review process including what documents contained in a resident's personal file shall be reviewed by the on-site reviewer as defined by rule; and
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(20) a statement outlining whether the establishment
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| charges a community fee and, if so, the amount of the fee and whether it is refundable; if the fee is refundable, the contract must describe the conditions under which it is refundable and how the amount of the refund is determined.
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(Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.)
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(210 ILCS 9/95)
Sec. 95.
Resident rights.
No resident shall be deprived of any rights,
benefits, or privileges guaranteed by law, the Constitution of the State of
Illinois, or the Constitution of the United States solely on account of his or
her status as a resident of an establishment, nor shall a resident forfeit any
of the following rights:
(1) the right to retain and use personal property |
| and a place to store personal items that is locked and secure;
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(2) the right to refuse services and to be advised of
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| the consequences of that refusal;
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(3) the right to respect for bodily privacy and
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| dignity at all times, especially during care and treatment;
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(4) the right to the free exercise of religion;
(5) the right to privacy with regard to mail, phone
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(6) the right to uncensored access to the State
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| Ombudsman or his or her designee;
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(7) the right to be free of retaliation for
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| criticizing the establishment or making complaints to appropriate agencies;
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(8) the right to be free of chemical and physical
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(9) the right to be free of abuse or neglect or to
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(10) the right to confidentiality of the resident's
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(11) the right of access and the right to copy the
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| resident's personal files maintained by the establishment;
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(12) the right to 24 hours access to the
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(13) the right to a minimum of 90-days notice of a
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| planned establishment closure;
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(14) the right to a minimum of 30-days notice of an
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| involuntary residency termination, except where the resident poses a threat to himself or others, or in other emergency situations, and the right to appeal such termination; and
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(15) the right to a 30-day notice of delinquency and
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| at least 15 days right to cure delinquency.
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(Source: P.A. 91-656, eff. 1-1-01.)
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(210 ILCS 9/113) (Text of Section before amendment by P.A. 103-599 ) Sec. 113. Assisted Living and Shared Housing Advisory Board. (a) The Governor shall establish an Assisted Living and Shared Housing Advisory Board. The Advisory Board shall consist of the following members: (1) the Director, who shall serve as chair and as an |
| ex officio, nonvoting member;
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(2) the Director of Aging, who shall serve as
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| vice-chair and as an ex officio, nonvoting member;
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(3) the following nonvoting members, appointed by the
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(A) one representative of the Department; and
(B) one representative of the Department on Aging;
(4) the following voting members, appointed by the
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(A) 6 members selected from candidates
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| recommended by an organization of providers whose membership consists of assisted living establishments;
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(B) 3 members appointed by the Director from
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| candidates recommended by a consumer organization that engages solely in advocacy or legal representation on behalf of senior citizens;
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(C) a physician;
(D) a registered professional nurse; and
(E) 2 members with expertise in the area of
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| gerontology research or legal research regarding implementation of laws applying to assisted living establishments.
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(b) Members of the Advisory Board shall serve for terms of 3 years or until the member's successor is appointed by the Director, but the Director shall stagger the terms of initial appointees to the Advisory Board as follows: the terms of one-third shall expire after one year; the terms of one-third shall expire after 2 years; and the terms of one-third shall expire after 3 years. All initial members shall be appointed by January 1, 2025. Any member appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of that term. The Advisory Board shall meet quarterly and at the call of the Director. The affirmative vote of 9 voting members of the Advisory Board shall be necessary for any action of the Advisory Board. Members of the Advisory Board shall receive no compensation for their services but shall be reimbursed for their actual expenses.
(c) The Advisory Board shall be provided copies of any additions or changes to the Assisted Living and Shared Housing Establishment Code for review and comment prior to notice being given to the public. If the Advisory Board, having been asked for its review, fails to advise the Department within 90 days, the additions or changes shall be considered acted upon in accordance with this Section.
(Source: P.A. 103-231, eff. 1-1-24 .)
(Text of Section after amendment by P.A. 103-599 )
Sec. 113. Assisted Living and Shared Housing Advisory Board.
(a) The Governor shall establish an Assisted Living and Shared Housing Advisory Board. The Advisory Board shall consist of the following members:
(1) the Director, who shall serve as chair and as an
|
| ex officio, nonvoting member;
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|
(2) the Director of Aging, who shall serve as
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| vice-chair and as an ex officio, nonvoting member;
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|
(3) the following nonvoting members, appointed by the
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|
(A) one representative of the Department; and
(B) one representative of the Department on
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| Aging, appointed in consultation with the Director of Aging;
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|
(4) the following voting members, appointed by the
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(A) 6 members selected from candidates
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| recommended by an organization of providers whose membership consists of assisted living establishments;
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(B) 3 members, one of whom must be a resident of
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| an assisted living or shared housing establishment, selected by the Director from candidates recommended by consumer organizations that engage solely in advocacy or legal representation on behalf of senior citizens;
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|
(C) a physician;
(D) a registered professional nurse; and
(E) 2 members with expertise in the area of
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| gerontology research or legal research regarding implementation of laws applying to assisted living establishments.
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|
(b) Members of the Advisory Board shall serve for terms of 3 years or until the member's successor is appointed by the Director, but the Director shall stagger the terms of initial appointees to the Advisory Board as follows: the terms of one-third shall expire after one year; the terms of one-third shall expire after 2 years; and the terms of one-third shall expire after 3 years. All initial members shall be appointed by January 1, 2025. Any member appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of that term. The Advisory Board shall meet quarterly and at the call of the Director. The affirmative vote of 9 voting members of the Advisory Board shall be necessary for any action of the Advisory Board. Members of the Advisory Board shall receive no compensation for their services but shall be reimbursed for their actual expenses.
(c) The Advisory Board shall be provided copies of any additions or changes to the Assisted Living and Shared Housing Establishment Code for review and comment prior to notice being given to the public. If the Advisory Board, having been asked for its review, fails to advise the Department within 90 days, the additions or changes shall be considered acted upon in accordance with this Section.
(Source: P.A. 103-231, eff. 1-1-24; 103-599, eff. 1-1-25.)
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(210 ILCS 9/150)
Sec. 150. Alzheimer and dementia programs.
(a) In addition to this Section, Alzheimer and
dementia programs
shall comply with all of the other
provisions of this Act.
(b) No person shall be admitted or retained if the assisted living
or shared housing
establishment cannot provide or secure appropriate care, if the resident
requires a
level of service or
type of service for which the establishment is not licensed or which the
establishment does
not provide, or if the establishment does not have the staff appropriate in
numbers and with
appropriate skill to provide such services.
(c) No person shall be accepted for residency or remain in residence if the
person's mental or physical condition has so deteriorated to render residency
in such a program to be detrimental to the health, welfare or safety of the
person or of other residents of the establishment. The Department by rule
shall identify a validated dementia-specific
standard
with
inter-rater reliability
that will be used to assess individual
residents.
The assessment must be approved by the resident's physician and shall occur
prior to acceptance for residency, annually, and at such time that a change in
the resident's condition is identified by a family member, staff of the
establishment, or the resident's physician.
(d) No person shall be accepted for residency or remain in residence if the
person is dangerous to self or others and the establishment would be unable to
eliminate the danger through the use of appropriate treatment modalities.
(e) No person shall be accepted for residency or remain in residence if the
person meets the criteria provided in subsections (b) through (g) of Section 75
of this Act.
(f) An establishment that offers to provide a special program or unit for
persons with
Alzheimer's disease and related disorders shall:
(1) disclose to the Department and to a potential or |
| actual resident of the establishment information as specified under the Alzheimer's Disease and Related Dementias Special Care Disclosure Act;
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|
(2) ensure that a resident's representative is
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| designated for the resident;
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|
(3) develop and implement policies and procedures
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| that ensure the continued safety of all residents in the establishment including, but not limited to, those who:
|
|
(A) may wander; and
(B) may need supervision and assistance when
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| evacuating the building in an emergency;
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|
(4) provide coordination of communications with each
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| resident, resident's representative, relatives and other persons identified in the resident's service plan;
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|
(5) provide cognitive stimulation and activities to
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|
(6) provide an appropriate number of staff for its
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| resident population, as established by rule;
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|
(7) require the director or administrator and direct
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| care staff to complete sufficient comprehensive and ongoing dementia and cognitive deficit training, the content of which shall be established by rule; and
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|
(8) develop emergency procedures and staffing
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| patterns to respond to the needs of residents.
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|
(Source: P.A. 96-990, eff. 7-2-10.)
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