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90_HB1486enr
New Act
210 ILCS 35/9 from Ch. 111 1/2, par. 4189
210 ILCS 40/6 from Ch. 111 1/2, par. 4160-6
210 ILCS 45/3-115 from Ch. 111 1/2, par. 4153-115
Creates the Alzheimer's Special Care Disclosure Act to
require certain health care facilities providing specialized
care or treatment to persons with Alzheimer's disease to make
disclosures to the State agency licensing the facility and to
clients or potential clients, on request, concerning the form
of care and treatment at the facility. Amends the Community
Living Facilities Licensing Act, the Life Care Facilities
Act, and the Nursing Home Care Act to make renewal or
continuation of a license or permit contingent upon meeting
the disclosure requirements of the new Act.
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1 AN ACT to create the Alzheimer's Special Care Disclosure
2 Act, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Alzheimer's Special Care Disclosure Act.
7 Section 5. Legislative purpose. This Body finds it to
8 be in the public interest to promote the highest standard of
9 medical care currently available to people suffering from
10 Alzheimer's disease without restricting the future
11 implementation of treatment options that may become
12 available through ongoing research. It is further in the
13 public interest to protect consumers from false claims of
14 specialized care of Alzheimer's disease. Therefore, the
15 General Assembly declares it to be the purpose of this Act to
16 require health care facilities offering specialized care in
17 the treatment of Alzheimer's disease to fully inform the
18 public regarding the facility and program of care.
19 Section 10. Facility defined. As used in this Act,
20 "facility" means a facility licensed or permitted under the
21 Nursing Home Care Act, the Life Care Facility Act, or the
22 Community Living Facilities Licensing Act.
23 Section 15. Disclosure requirements. A facility that
24 offers to provide care for persons with Alzheimer's disease
25 through an Alzheimer's special care unit or center shall
26 disclose to a State agency responsible for licensing or
27 permitting the facility or to a potential or actual client of
28 the facility the following information in writing on request
29 of the Agency or client:
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1 (1) the form of care or treatment that
2 distinguishes the facility as suitable for persons with
3 Alzheimer's disease;
4 (2) the philosophy of the facility concerning the
5 care or treatment of persons with Alzheimer's disease;
6 (3) the facility's pre-admission, admission, and
7 discharge procedures;
8 (4) the facility's assessment, care planning, and
9 implementation guidelines in the care and treatment of
10 persons with Alzheimer's disease;
11 (5) the facility's minimum and maximum staffing
12 ratios, specifying the general licensed health care
13 provider to client ratio and the trainee health care
14 provider to client ratio;
15 (6) the facility's physical environment;
16 (7) activities available to clients at the
17 facility;
18 (8) the role of family members in the care of
19 clients at the facility; and
20 (9) the costs of care and treatment under the
21 program or at the center.
22 Section 20. A facility that offers to provide care for
23 persons with Alzheimer's disease through an Alzheimer's
24 special care unit or center shall, within 180 days of the
25 effective date of this Act, provide to the State agency
26 responsible for licensing or permitting the facility the
27 disclosure document prepared by a facility in accordance with
28 Section 15. The State agency shall review the document for
29 accuracy as part of the license or permit renewal
30 requirements under the appropriate Act.
31 Section 25. Penalties. A facility that violates a
32 provision of this Act shall be guilty of a business offense,
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1 subject to a fine not to exceed $500 for a first offense and
2 a fine not to exceed $1,000 for a second or subsequent
3 offense.
4 Section 60. The Community Living Facilities Licensing
5 Act is amended by changing Section 9 as follows:
6 (210 ILCS 35/9) (from Ch. 111 1/2, par. 4189)
7 Sec. 9. Regular licenses.
8 (1) A regular license shall be valid for a one-year
9 period from the date of authorization. A license is not
10 transferable.
11 (2) Within 120 to 150 days prior to the date of
12 expiration of the license, the licensee shall apply to the
13 Department for renewal of the license. The procedure for
14 renewing a valid license for a Community Living Facility
15 shall be the same as for applying for the initial license,
16 pursuant to subsections (1) through (4) of Section 7 of this
17 Act. If the Department has determined on the basis of
18 available documentation that the Community Living Facility is
19 in substantial compliance with this Act and the rules
20 promulgated under this Act, and has provided to the
21 Department an accurate disclosure document in accordance with
22 the Alzheimer's Special Care Disclosure Act, it shall renew
23 the regular license for another one-year period.
24 (3) Whenever ownership of a facility is transferred from
25 the licensee to any other person, agency, association,
26 corporation, partnership, or organization, the transferree
27 must obtain a new probationary license. The transferree shall
28 notify the Department of the transfer and apply for a new
29 license at least 30 days prior to final transfer. The
30 requirement for an on-site inspection in Section 7 may be
31 waived if the Department has conducted a survey of the
32 Community Living Facility within the past 60 days and the
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1 survey disclosed substantial compliance with this Act and
2 rules and regulations promulgated hereunder.
3 (Source: P.A. 82-567.)
4 Section 65. The Life Care Facilities Act is amended by
5 changing Section 6 as follows:
6 (210 ILCS 40/6) (from Ch. 111 1/2, par. 4160-6)
7 Sec. 6. Upon receipt of the completed application and
8 exhibits and payment of the fee by the applicant, and proof
9 of compliance by the applicant with the provisions of Section
10 7, the Director shall issue a permit to the provider, subject
11 to the conditions imposed pursuant to Section 7, allowing the
12 provider to enter into life care contracts with respect to
13 the number of living units and facility described in the
14 application.
15 A permit issued pursuant to this Act shall remain in full
16 force, subject to the provisions of this Act, and shall
17 contain in a prominent location a statement that the issuance
18 of such permit neither constitutes approval, recommendation
19 or endorsement by the Department or Director nor evidences
20 the accuracy or completeness of the information furnished to
21 the Department. A permit may be revoked by the Department if
22 the facility fails to provide to the Department an accurate
23 disclosure document in accordance with the Alzheimer's
24 Special Care Disclosure Act.
25 All permits shall be nontransferable.
26 (Source: P.A. 82-547.)
27 Section 70. The Nursing Home Care Act is amended by
28 changing Section 3-115 as follows:
29 (210 ILCS 45/3-115) (from Ch. 111 1/2, par. 4153-115)
30 Sec. 3-115. At least 120 days but not more than 150 days
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1 prior to license expiration, the licensee shall submit an
2 application for renewal of the license in such form and
3 containing such information as the Department requires. If
4 the application is approved, the license shall be renewed for
5 an additional one-year period. The renewal application for a
6 sheltered care or long-term care facility shall not be
7 approved unless the applicant has provided to the Department
8 an accurate disclosure document in accordance with the
9 Alzheimer's Special Care Disclosure Act. If application for
10 renewal is not timely filed, the Department shall so inform
11 the licensee.
12 (Source: P.A. 81-223.)