State of Illinois
90th General Assembly
Legislation

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90_HB1486eng

      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.
                                                     LRB9003987DPmg
HB1486 Engrossed                               LRB9003987DPmg
 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:
HB1486 Engrossed            -2-                LRB9003987DPmg
 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,
HB1486 Engrossed            -3-                LRB9003987DPmg
 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
HB1486 Engrossed            -4-                LRB9003987DPmg
 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
HB1486 Engrossed            -5-                LRB9003987DPmg
 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.)

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