State of Illinois
90th General Assembly

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      210 ILCS 35/5             from Ch. 111 1/2, par. 4185
      210 ILCS 45/1-101         from Ch. 111 1/2, par. 4151-101
          Amends the Community Living Facilities Licensing  Act  by
      making  technical  and  grammatical  changes  to  the Section
      concerning licensing standards.  Amends the Nursing Home Care
      Act.  Adds a caption and makes  a  technical  change  to  the
      short title Section.
 1        AN  ACT  in relation to care facilities, amending certain
 2    named Acts.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Community Living Facilities Licensing Act
 6    is amended by changing Section 5 as follows:
 7        (210 ILCS 35/5) (from Ch. 111 1/2, par. 4185)
 8        Sec.   5.   Licensing  standards.  The  Department  shall
 9    promulgate  rules  and   regulations   establishing   minimum
10    standards  for  licensing  of  Community  Living  Facilities.
11    These rules shall regulate:
12        (1)  The  location  of Community Living Facilities. These
13    provisions shall insure that the Community  Living Facilities
14    are  in  appropriate   neighborhoods   and   shall   prohibit
15    concentration of these housing programs in communities.
16        (2)  The   operation  and  conduct  of  Community  Living
17    Facilities.
18        (3)  The   general   financial    ability,    competence,
19    character,  and  qualifications  of  the applicant to provide
20    appropriate care and comply with this Act.
21        (4)  The  appropriateness,   safety,   cleanliness,   and
22    general  adequacy  of  the premises, including maintenance of
23    adequate fire protection and health standards, conforming  to
24    State  laws  and municipal codes, to provide for the physical
25    comfort, well-being, care, and protection of the residents.
26        (5)  The number, character, training, and  qualifications
27    of personnel directly responsible for the residents.
28        (6)  Provisions    for    food,   clothing,   educational
29    opportunities,  social  activities,  home  furnishings,   and
30    personal  property to insure the healthy physical, emotional,
31    and mental development of residents.
                            -2-                LRB9004907LDmb
 1        (7)  Implementation  of  habilitation  plans   for   each
 2    resident.
 3        (8)  Provisions  for  residents  to  receive  appropriate
 4    programming  and  support  services  commensurate  with their
 5    individual needs, and to participate in  decisions  regarding
 6    their use of programs and support services.
 7        Such  services  should include educational opportunities,
 8    vocational  training,  and  other  day  activities  aimed  at
 9    promoting independence and improving basic living skills.
10        (9)  Provisions and criteria  for  admission,  discharge,
11    and transfers at Community Living Facilities.
12        (10)  Provisions specifying the role and responsibilities
13    of  residents  for  upkeep  of  their  rooms  and the overall
14    maintenance and care  of  the  Community  Living  Facilities.
15    These  provisions shall allow the residents to participate in
16    normal, daily activities associated with community living.
17        (11)  Provisions to insure that residents are notified of
18    their legal rights,  as  defined  in  the  rules  promulgated
19    pursuant  to  subsection  (12)  of this Section and to assist
20    them  in  exercising  these  rights.  Upon  admission  to   a
21    Community Living Facility, residents shall be provided a copy
22    of  their rights and related rules, regulations and policies,
23    and  the  name,  address,  and  telephone   number   of   the
24    Guardianship and Advocacy Commission.
25        (12)  Resident  rights, which shall include, but need not
26    be limited to, those guaranteed by  the  "Mental  Health  and
27    Developmental Disabilities Code", as amended.
28        (13)  Maintenance of records pertaining to the admission,
29    habilitation,  and discharge of residents, and to the general
30    operation of Community Living Facilities.
31    (Source: P.A. 82-567.)
32        Section 10.  The Nursing Home  Care  Act  is  amended  by
33    changing Section 1-101 as follows:
                            -3-                LRB9004907LDmb
 1        (210 ILCS 45/1-101) (from Ch. 111 1/2, par. 4151-101)
 2        Sec.  1-101.   Short  title.  This Act shall be known and
 3    may be cited as the Nursing Home Care Act.
 4    (Source: P.A. 85-1378.)

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