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90_HB2045
New Act
20 ILCS 3960/3 from Ch. 111 1/2, par. 1153
210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113
225 ILCS 46/15
Creates the Assisted Living Establishment Act to require
the licensing of assisted living establishments with the
Department of Public Health. Provides that an assisted living
establishment must execute a written contract with each
resident or his or her representative. Authorizes the
Director of the Department to perform inspections of
establishments and records required to be retained under the
Act and to seek injunctive relief to enforce the Act.
Provides for the creation of an Assisted Living Advisory
Commission to assist the Department with licensing and
disciplinary actions. Amends the Illinois Health Facilities
Planning Act to include assisted living establishments among
the health care facilities regulated under the Act. Amends
the Nursing Home Care Act to exempt assisted living
establishments from the licensing requirements of the Act.
Amends the Health Care Worker Background Check Act to
prohibit an assisted living establishment employer from
knowingly hiring certain persons having a specified criminal
conviction. Effective July 1, 1998.
LRB9004006DPfgA
LRB9004006DPfgA
1 AN ACT to create the Assisted Living Establishment Act,
2 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 Assisted Living Establishment Act.
7 Section 5. Legislative purpose. The purpose of this
8 Act is to promote the availability of appropriate services
9 for elderly persons in the least restrictive and most
10 home-like environment; to encourage the development of
11 assisted living that promotes the dignity, individuality,
12 privacy, and decision making ability of those persons; to
13 provide for the health, safety, and welfare of persons
14 receiving assisted living services in this State; to promote
15 continuous quality improvement of assisted living; and to
16 encourage the development of innovative and affordable
17 assisted living establishments. It is the public policy of
18 this State that assisted living is an important part of the
19 continuum of long-term care. In support of the goal of aging
20 in place, assisted living establishments should be operated
21 as residential environments with supportive services. The
22 services available are intended to help residents remain as
23 independent as possible.
24 Section 10. Definitions. As used in this Act:
25 "Ambulatory" means capable of self-evacuation.
26 "Assisted living establishment" or "establishment" is a
27 residential setting that:
28 (1) provides or coordinates personal care services,
29 24-hour supervision and assistance, activities, and
30 health-related services and is designed to minimize the
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1 need to move and to maximize privacy and independence;
2 and
3 (2) provides sleeping accommodations to 3 or
4 more unrelated adult residents, at least 80% of which
5 are 55 years of age or older and offers or provides
6 all services enumerated in subsection (a) of Section 15
7 and one or more of the services enumerated in subsection
8 (b) of Section 15, whether provided directly by the
9 establishment or by another entity arranged for by the
10 establishment with the consent of the resident or
11 resident's representative. Assisted living
12 establishments may, but are not required to provide,
13 any or all of the services enumerated in subsection (c)
14 of Section 15.
15 "Assisted living establishment" or "establishment" does
16 not mean:
17 (1) a home, institution, or other place operated by
18 the federal government or the State of Illinois;
19 (2) a "long-term care facility" licensed under the
20 Nursing Home Care Act. However, a licensed nursing
21 facility may convert a distinct part of the facility to
22 an assisted living establishment. If the nursing facility
23 elects to make a conversion, the facility retains the
24 Certificate of Need for its nursing beds that were
25 converted;
26 (3) a hospital, sanitarium, or other institution,
27 the principal activity or business of which is the
28 diagnosis, care, and treatment of human illness and that
29 is required to be licensed under the Hospital Licensing
30 Act;
31 (4) a "facility for child care" as defined in the
32 Child Care Act of 1969;
33 (5) a "community living facility" as defined in the
34 Community Living Facilities Licensing Act;
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1 (6) a "community residential alternative" as
2 defined in the Community Residential Alternatives
3 Licensing Act;
4 (7) a nursing home or sanitarium operated solely by
5 and for persons who rely exclusively upon treatment by
6 spiritual means through prayer, in accordance with the
7 creed or tenets of a well-recognized church or religious
8 denomination;
9 (8) a facility licensed by the Department of Human
10 Services as a "community-integrated living arrangement"
11 as defined in the Community-Integrated Living
12 Arrangements Licensure and Certification Act;
13 (9) a "supportive residence" licensed under the
14 Supportive Residences Licensing Act;
15 (10) a "life care facility" as defined in the Life
16 Care Facilities Act; or
17 (11) a freestanding hospice facility.
18 "Assisted living establishment resident" or "resident"
19 means an elderly ambulatory person who requires supportive
20 services.
21 "Department" means the Department of Public Health.
22 "Director" means the Director of Public Health.
23 Section 15. Required services.
24 (a) An assisted living establishment must offer or
25 provide all of the following services:
26 (1) meals provided in a congregate dining room or
27 the resident's own room and prepared by the establishment
28 or an outside contractor;
29 (2) housekeeping services, including but not
30 limited to vacuuming and dusting public areas and
31 residents' units and cleaning all common areas and the
32 kitchen and bathrooms of residents' units, if provided;
33 (3) security provided 24 hours each day and
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1 implemented by locked entrances or building or
2 contract security personnel; and
3 (4) an emergency response system in place 24 hours
4 each day by which a resident can notify building
5 management, an emergency response vendor, or others able
6 to respond to his or her need for assistance.
7 (b) An assisted living establishment must offer or
8 provide health assessments, including a health history,
9 physical examination, risk profile, or health screening by
10 licensed personnel, and one or more of the following
11 services:
12 (1) personal care, including one or more of the
13 following: assistance with bathing, dressing, grooming,
14 ambulating, toileting, transferring, meal planning, or
15 personal laundry;
16 (2) medication management, including reminders to
17 take medication or storage of medications; or
18 (3) intermittent health services, including one or
19 more of the following: medication administration,
20 dressing changes, catheter care, therapies, and other
21 medical, nursing, or rehabilitative care provided by
22 personnel licensed by the Department of Professional
23 Regulation.
24 (c) An assisted living establishment may offer or
25 provide any or all of the following services:
26 (1) transportation, including but not limited to
27 car or van service for shopping, medical appointments,
28 and social events and activities;
29 (2) counseling for health, social services, and
30 nutrition by licensed personnel; or
31 (3) social or educational activities, including but
32 not limited to trips, classes, lectures, and parties in
33 or outside the establishment.
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1 Section 20. Licensure requirement. No entity may
2 establish, operate, conduct, or maintain an assisted living
3 establishment in this State without a license issued by the
4 Department under this Act. An entity that violates the
5 licensing requirements of this Act shall be subject to public
6 notice and fines or other disciplinary action as established
7 by rule of the Department.
8 Section 25. Qualifications for licensure.
9 (a) An assisted living establishment shall meet
10 requirements and minimum standards, set by the Department by
11 rule, to qualify for a license under this Act. The minimum
12 standards shall include but are not limited to the following:
13 (1) the number of individual units within an
14 establishment;
15 (2) the size of individual units within an
16 establishment;
17 (3) the required access to cooking facilities and
18 to toileting and bathing facilities;
19 (4) the conditions under which individuals must be
20 transferred from the assisted living establishment;
21 (5) the conditions that preclude admission as a
22 resident to an assisted living establishment;
23 (6) quality improvement initiatives that must be
24 implemented;
25 (7) compliance with the requirements of the
26 Illinois Health Facilities Planning Act and other
27 applicable State laws and rules governing assisted living
28 establishments; and
29 (8) compliance with the latest version of the
30 National Fire Protection Association's Life Safety
31 Code Health Care Occupancies available as of the date of
32 occupancy or licensure as an assisted living facility,
33 whichever is earlier.
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1 (b) A license issued under this Act shall be valid for
2 one year from the date of issuance. The Department shall
3 establish forms and procedures for the annual licensure of
4 assisted living establishments. The Department shall set
5 nonrefundable annual license fees for assisted living
6 establishments. A licensed establishment shall notify the
7 Department within 30 days of any change in the business name
8 or address of the establishment, the name or mailing address
9 of the owner or owners, or the name or mailing address of the
10 managing agent.
11 Section 30. Application information. An applicant for a
12 license shall provide the following information to the
13 Department:
14 (1) the business name, street address, mailing
15 address, and telephone number of the establishment;
16 (2) the name and mailing address of the owner or
17 owners of the establishment and, if the owner or owners
18 are not natural persons, identification of the type of
19 business entity of the owners, and the names and
20 addresses of the officers and members of the governing
21 body or comparable persons for partnerships, limited
22 liability corporations, or other types of business
23 organizations;
24 (3) the name and mailing address of the managing
25 agent of the establishment, whether hired under a
26 management agreement or lease agreement, if different
27 from the owner or owners, and the name of the on-site
28 manager, if any;
29 (4) verification that the establishment has
30 entered into an assisted living establishment contract,
31 as required in Section 45, with each resident or
32 resident's representative;
33 (5) the name and address of at least one natural
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1 person who shall be responsible for dealing with the
2 Department on all matters provided for in this Act, and
3 on whom personal service of all notices and orders
4 shall be made, and who shall be authorized to accept
5 service on behalf of the owner or owners and the managing
6 agent. Notwithstanding a contrary provision of the Code
7 of Civil Procedure, personal service on the persons
8 identified pursuant to this subsection shall be
9 considered service on the owner or owners and the
10 managing agent, and it shall not be a defense to any
11 action that personal service was not made on each
12 individual or entity;
13 (6) the signature of the authorized representative
14 of the owner or owners;
15 (7) proof of an ongoing quality assurance program
16 in accordance with rules adopted by the Department;
17 (8) information about the number and types of
18 units, the maximum census, the services to be provided,
19 and proof of compliance with applicable service
20 standards, documentation of compliance with applicable
21 State and local residential standards, and a copy of the
22 standard contract offered to residents; and
23 (9) proof of adequate liability insurance.
24 Section 35. Issuance of license. The Department shall
25 issue a license to an applicant who has met the requirements
26 of this Act and has paid the required application fee.
27 Section 40. Ineligible residents; transfers.
28 (a) A person shall be ineligible to be admitted as or
29 to continue as an assisted living establishment resident
30 for any one or more of the following reasons:
31 (1) the person poses a serious threat to himself or
32 herself or to others;
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1 (2) the person is not able to communicate his or
2 her needs;
3 (3) the person requires total assistance with more
4 than 2 activities of daily living;
5 (4) the person requires the assistance of more than
6 one person with an activity of daily living;
7 (5) the person requires 24-hour skilled nursing
8 care or supervision;
9 (6) the person requires intravenous or daily
10 intramuscular injections or intravenous feedings;
11 (7) the person requires gastronomy feedings;
12 (8) the person requires insertion, sterile
13 irrigation, and replacement of catheters, except for
14 routine maintenance of Foley catheters;
15 (9) the person requires sterile wound care;
16 (10) the person requires treatment of stage 3 or
17 stage 4 decubitus ulcer or exfoliative dermatitis; or
18 (11) other reasons prescribed by the Department by
19 rule.
20 (b) A person with a condition listed in one of items (6)
21 to (10) may be retained by the establishment for a period not
22 to exceed 21 days.
23 (c) A person shall be ineligible to continue as a
24 resident if after a 21-day period the individual requires 5
25 or more skilled nursing visits per week for conditions other
26 than those listed in items (6) through (10) of subsection
27 (b).
28 (d) An assisted living establishment resident shall be
29 transferred to a licensed hospital or licensed nursing home
30 when, in the opinion of the resident's treating physician,
31 services available to the resident in the assisted living
32 establishment are no longer adequate for the care of the
33 resident. This provision shall not be interpreted as
34 limiting the authority of the Department to require the
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1 transfer or discharge of individuals to different levels of
2 care as required by law.
3 Section 45. Contract requirement. No assisted living
4 establishment may operate in this State unless a written
5 assisted living contract, as described in Section 50, is
6 executed between the establishment and each resident or
7 resident's representative, and unless the establishment
8 operates in accordance with the terms of the contract. The
9 resident or the resident's representative shall be given a
10 complete copy of the contract and all supporting documents
11 and attachments and any changes whenever changes are made.
12 Section 50. Contents of contract. A contract entered into
13 under Section 45 shall be entitled "assisted living
14 contract", shall be printed in no less than 12-point type,
15 and shall include at least the following elements in the
16 body or through supporting documents or attachments:
17 (1) the name, street address, and mailing address
18 of the establishment;
19 (2) the name and mailing address of the owner or
20 owners of the establishment and, if the owner or owners
21 are not natural persons, the type of business entity of
22 the owner or owners;
23 (3) the name and mailing address of the managing
24 agent of the establishment, whether hired under a
25 management agreement or lease agreement, if the managing
26 agent is different from the owner or owners;
27 (4) the name and address of at least one natural
28 person who is authorized to accept service on behalf
29 of the owners and managing agent;
30 (5) a statement describing the licensure status of
31 the establishment and the licensure status of all
32 providers of health-related or supportive services to
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1 residents under arrangements with the establishment;
2 (6) the duration of the contract;
3 (7) the base rate to be paid by the resident and a
4 description of the services to be provided as part of
5 this rate;
6 (8) description of any additional services to be
7 provided for an additional fee from the establishment
8 directly or by a third-party provider through
9 arrangements with the establishment;
10 (9) fee schedules outlining the cost of any
11 additional services;
12 (10) a description of the process through which
13 the contract may be modified, amended, or
14 terminated;
15 (11) a description of the establishment's complaint
16 resolution process available to residents;
17 (12) the resident's designated representative, if
18 any;
19 (13) the resident's obligations in order to
20 maintain residency and receive services;
21 (14) billing and payment procedures and
22 requirements;
23 (15) a statement affirming the freedom of residents
24 to receive services from service providers with whom
25 the establishment does not have a contractual
26 arrangement. The statement may disclaim liability on the
27 part of the assisted living establishment for those
28 services;
29 (16) a statement regarding the availability of
30 public funds for payment for services rendered under
31 the assisted living contract;
32 (17) a statement regarding the conditions under
33 which a resident's contract may be voided and under which
34 the resident may be discharged from an establishment;
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1 (18) a statement that acknowledges that by
2 contracting with the assisted living establishment, a
3 resident of an establishment maintains his or her rights,
4 including but not limited to:
5 (A) federal and State constitutional rights;
6 (B) the right to participate (or to not
7 participate) in religious services of his or her
8 choice;
9 (C) the right to retain and use personal
10 property and a place to store personal items that
11 is locked and secure;
12 (D) the right to refuse services and to be
13 advised of the consequences of that refusal;
14 (E) the right to respect for bodily privacy
15 and dignity at all times, especially during care and
16 treatment;
17 (F) the right to privacy with regard to mail,
18 phone calls, and visitors;
19 (G) the right to vote;
20 (H) the right to be free of retaliation for
21 criticizing the establishment or for making
22 complaints to appropriate agencies;
23 (I) the right to be free of restraints;
24 (J) the right to be free of abuse or neglect;
25 (K) the right to confidentiality of individual
26 files maintained by the establishment;
27 (L) the right of access to individual files
28 maintained by the establishment; and
29 (M) the right of 24-hours access to the
30 establishment; and
31 (19) a statement that individual resident records
32 may be examined by the Department without the express
33 consent of the resident.
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1 Section 55. Maintenance of records. Assisted living
2 contracts and related documents executed by each resident or
3 resident's representative shall be maintained by the
4 establishment in files from the date of execution until 3
5 years after the contract is terminated. The establishment
6 shall also maintain and retain records of service deliveries
7 to support compliance with individual contracts and with
8 applicable State and federal regulations. The records and
9 supporting documents shall be made available for on-site
10 inspection by the Department upon request at any time.
11 Section 60. Powers and duties of the Department.
12 (a) The Department shall not adopt a rule, make a
13 determination, issue a waiver, take an action, or refuse to
14 take action that has the effect of permitting an assisted
15 living establishment to provide care and services to an
16 individual who does not meet the statutory definition of an
17 assisted living establishment resident.
18 (b) Upon receipt of information that may indicate the
19 failure of the assisted living establishment, a resident, a
20 resident's representative, or a service provider to comply
21 with a provision of this Act, the Department may inspect the
22 establishment and all necessary documents and records and
23 make appropriate referrals to other government agencies and
24 entities having jurisdiction over the subject matter of the
25 alleged violation. The Department may also make referrals to
26 a public or private agency that the Department considers
27 available for appropriate assistance to those involved.
28 (c) The Director shall have standing to bring an action
29 for injunctive relief in the circuit court where an
30 establishment is located to compel the assisted living
31 establishment to meet the requirements of this Act or other
32 applicable State, county, or local requirements. Proceedings
33 for securing an injunction may be brought by the Director
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1 through the State's Attorney of the county in which the
2 alleged violation occurred or the Attorney General of the
3 State of Illinois. The remedies in this Section do not
4 restrict the availability of other remedies.
5 (d) The Director shall establish complaint receipt,
6 investigation, and resolution procedures. The Director shall
7 establish an Assisted Living Advisory Commission that shall
8 recommend registration fees and sanctions for noncompliance
9 with this Act. Members of the Commission shall include users
10 of assisted living services and assisted living establishment
11 providers. Recommendations of the Commission are advisory
12 only and may be accepted or rejected by the Director.
13 Establishments shall have the right of appeal of sanctions.
14 Section 65. Application of Nursing Home Care Act. An
15 establishment that provides the assisted living establishment
16 services without a license issued under this Act shall be
17 subject to the requirements of the Nursing Home Care Act.
18 Section 70. Civil penalties. The Department may assess a
19 civil penalty not to exceed $5,000 against a person or entity
20 operating an assisted living facility without having the
21 license required by this Act. Each day of operation without a
22 license is a separate violation. On and after 180 days after
23 the adoption of rules under this Act by the Department, the
24 Department may assess a civil penalty not to exceed $3,000
25 against a licensed assisted living establishment for caring
26 for a resident not meeting the definition of an "assisted
27 living facility resident" set forth in this Act. Each day
28 such a resident resides in the establishment shall constitute
29 a separate violation.
30 The Department is authorized to hold hearings in
31 contested cases regarding appeals of the penalties assessed
32 pursuant to this Section.
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1 Section 75. Payors of assisted living services.
2 (a) Nothing in this Act shall require or authorize the
3 Department of Public Aid or its successor agency or a managed
4 care organization to approve, supply, or cover medically
5 necessary home care services provided in an assisted living
6 establishment.
7 (b) Nothing in this Act shall require any other third
8 party payer to approve, supply, or cover medically necessary
9 home care services provided in an assisted living
10 establishment.
11 Section 80. Application of Act. An assisted living
12 establishment shall obtain and maintain all other licenses,
13 permits, registrations, or other governmental approvals
14 required of it in addition to licensure under this Act. An
15 assisted living establishment shall comply with the
16 requirements of all applicable local, State, federal laws, if
17 and to the extent they apply.
18 Section 150. The Health Facilities Planning Act is
19 amended by changing Section 3 as follows:
20 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
21 Sec. 3. Definitions. As used in this Act:
22 "Health care facilities" means and includes the following
23 facilities and organizations:
24 (1) 1. An ambulatory surgical treatment center
25 required to be licensed pursuant to the Ambulatory
26 Surgical Treatment Center Act;
27 (2) 2. an institution, place, building, or agency
28 required to be licensed pursuant to the Hospital
29 Licensing Act;
30 (3) 3. any institution required to be licensed
31 pursuant to the Nursing Home Care Act;
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1 (4) 4. hospitals, nursing homes, ambulatory
2 surgical treatment centers, or kidney disease treatment
3 centers maintained by the State or any department or
4 agency thereof; and
5 (5) 5. kidney disease treatment centers, including
6 a free-standing hemodialysis unit; and.
7 (6) an assisted living establishment licensed under
8 the Assisted Living Establishment Act.
9 No federally owned facility shall be subject to the
10 provisions of this Act, nor facilities used solely for
11 healing by prayer or spiritual means.
12 No facility licensed under the Supportive Residences
13 Licensing Act shall be subject to the provisions of this Act.
14 A facility designated as a supportive living facility
15 that is in good standing with the demonstration project
16 established under Section 5-5.01a of the Illinois Public Aid
17 Code shall not be subject to the provisions of this Act.
18 This Act does not apply to facilities granted waivers
19 under Section 3-102.2 of the Nursing Home Care Act. However,
20 if a demonstration project under that Act applies for a
21 certificate of need to convert to a nursing facility, it
22 shall meet the licensure and certificate of need requirements
23 in effect as of the date of application.
24 With the exception of those health care facilities
25 specifically included in this Section, nothing in this Act
26 shall be intended to include facilities operated as a part of
27 the practice of a physician or other licensed health care
28 professional, whether practicing in his individual capacity
29 or within the legal structure of any partnership, medical or
30 professional corporation, or unincorporated medical or
31 professional group. Further, this Act shall not apply to
32 physicians or other licensed health care professional's
33 practices where such practices are carried out in a portion
34 of a health care facility under contract with such health
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1 care facility by a physician or by other licensed health care
2 professionals, whether practicing in his individual capacity
3 or within the legal structure of any partnership, medical or
4 professional corporation, or unincorporated medical or
5 professional groups. This Act shall apply to construction or
6 modification and to establishment by such health care
7 facility of such contracted portion which is subject to
8 facility licensing requirements, irrespective of the party
9 responsible for such action or attendant financial
10 obligation.
11 "Person" means any one or more natural persons, legal
12 entities, governmental bodies other than federal, or any
13 combination thereof.
14 "Consumer" means any person other than a person (a) whose
15 major occupation currently involves or whose official
16 capacity within the last 12 months has involved the
17 providing, administering or financing of any type of health
18 care facility, (b) who is engaged in health research or the
19 teaching of health, (c) who has a material financial interest
20 in any activity which involves the providing, administering
21 or financing of any type of health care facility, or (d) who
22 is or ever has been a member of the immediate family of the
23 person defined by (a), (b), or (c).
24 "State Board" means the Health Facilities Planning Board.
25 "Construction or modification" means the establishment,
26 erection, building, alteration, reconstruction,
27 modernization, improvement, extension, discontinuation,
28 change of ownership, of or by a health care facility, or the
29 purchase or acquisition by or through a health care facility
30 of equipment or service for diagnostic or therapeutic
31 purposes or for facility administration or operation, or any
32 capital expenditure made by or on behalf of a health care
33 facility which exceeds the capital expenditure minimum.
34 "Establish" means the construction of a health care
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1 facility or the replacement of an existing facility on
2 another site.
3 "Major medical equipment" means medical equipment which
4 is used for the provision of medical and other health
5 services and which costs in excess of the capital expenditure
6 minimum, except that such term does not include medical
7 equipment acquired by or on behalf of a clinical laboratory
8 to provide clinical laboratory services if the clinical
9 laboratory is independent of a physician's office and a
10 hospital and it has been determined under Title XVIII of the
11 Social Security Act to meet the requirements of paragraphs
12 (10) and (11) of Section 1861(s) of such Act. In determining
13 whether medical equipment has a value in excess of the
14 capital expenditure minimum, the value of studies, surveys,
15 designs, plans, working drawings, specifications, and other
16 activities essential to the acquisition of such equipment
17 shall be included.
18 "Capital Expenditure" means an expenditure: (A) made by
19 or on behalf of a health care facility (as such a facility is
20 defined in this Act); and (B) which under generally accepted
21 accounting principles is not properly chargeable as an
22 expense of operation and maintenance, or is made to obtain by
23 lease or comparable arrangement any facility or part thereof
24 or any equipment for a facility or part; and which exceeds
25 the capital expenditure minimum.
26 For the purpose of this paragraph, the cost of any
27 studies, surveys, designs, plans, working drawings,
28 specifications, and other activities essential to the
29 acquisition, improvement, expansion, or replacement of any
30 plant or equipment with respect to which an expenditure is
31 made shall be included in determining if such expenditure
32 exceeds the capital expenditures minimum. Donations of
33 equipment or facilities to a health care facility which if
34 acquired directly by such facility would be subject to review
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1 under this Act shall be considered capital expenditures, and
2 a transfer of equipment or facilities for less than fair
3 market value shall be considered a capital expenditure for
4 purposes of this Act if a transfer of the equipment or
5 facilities at fair market value would be subject to review.
6 "Capital expenditure minimum" means $1,000,000 for major
7 medical equipment and $2,000,000 for all other capital
8 expenditures, both of which shall be annually adjusted to
9 reflect the increase in construction costs due to inflation.
10 "Areawide" means a major area of the State delineated on
11 a geographic, demographic, and functional basis for health
12 planning and for health service and having within it one or
13 more local areas for health planning and health service. The
14 term "region", as contrasted with the term "subregion", and
15 the word "area" may be used synonymously with the term
16 "areawide".
17 "Local" means a subarea of a delineated major area that
18 on a geographic, demographic, and functional basis may be
19 considered to be part of such major area. The term
20 "subregion" may be used synonymously with the term "local".
21 "Areawide health planning organization" or "Comprehensive
22 health planning organization" means the health systems agency
23 designated by the Secretary, Department of Health and Human
24 Services or any successor agency.
25 "Local health planning organization" means those local
26 health planning organizations that are designated as such by
27 the areawide health planning organization of the appropriate
28 area.
29 "Physician" means a person licensed to practice in
30 accordance with the Medical Practice Act of 1987, as amended.
31 "Licensed health care professional" means a person
32 licensed to practice a health profession under pertinent
33 licensing statutes of the State of Illinois.
34 "Director" means the Director of the Illinois Department
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1 of Public Health.
2 "Agency" means the Illinois Department of Public Health.
3 "Comprehensive health planning" means health planning
4 concerned with the total population and all health and
5 associated problems that affect the well-being of people and
6 that encompasses health services, health manpower, and health
7 facilities; and the coordination among these and with those
8 social, economic, and environmental factors that affect
9 health.
10 "Alternative health care model" means a facility or
11 program authorized under the Alternative Health Care Delivery
12 Act.
13 (Source: P.A. 88-18; 89-499, eff. 6-28-96; 89-530, eff.
14 7-19-96; revised 8-15-96.)
15 Section 200. The Nursing Home Care Act is amended by
16 changing Section 1-113 as follows:
17 (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
18 (Text of Section before amendment by P.A. 89-507)
19 Sec. 1-113. "Facility" or "long-term care facility"
20 means a private home, institution, building, residence, or
21 any other place, whether operated for profit or not, or a
22 county home for the infirm and chronically ill operated
23 pursuant to Division 5-21 or 5-22 of the Counties Code, or
24 any similar institution operated by a political subdivision
25 of the State of Illinois, which provides, through its
26 ownership or management, personal care, sheltered care or
27 nursing for 3 or more persons, not related to the applicant
28 or owner by blood or marriage. It includes skilled nursing
29 facilities and intermediate care facilities as those terms
30 are defined in Title XVIII and Title XIX of the Federal
31 Social Security Act.
32 "Facility" does not include the following:
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1 (1) A home, institution, or other place operated by the
2 federal government or agency thereof, or by the State of
3 Illinois;
4 (2) A hospital, sanitarium, or other institution whose
5 principal activity or business is the diagnosis, care, and
6 treatment of human illness through the maintenance and
7 operation as organized facilities therefor, which is required
8 to be licensed under the Hospital Licensing Act;
9 (3) Any "facility for child care" as defined in the
10 Child Care Act of 1969;
11 (4) Any "Community Living Facility" as defined in the
12 Community Living Facilities Licensing Act;
13 (5) Any "community residential alternative" as defined
14 in the Community Residential Alternatives Licensing Act;
15 (6) Any nursing home or sanatorium operated solely by
16 and for persons who rely exclusively upon treatment by
17 spiritual means through prayer, in accordance with the creed
18 or tenets of any well-recognized church or religious
19 denomination. However, such nursing home or sanatorium shall
20 comply with all local laws and rules relating to sanitation
21 and safety;
22 (7) Any facility licensed by the Department of Mental
23 Health and Developmental Disabilities as a
24 community-integrated living arrangement as defined in the
25 Community-Integrated Living Arrangements Licensure and
26 Certification Act;
27 (8) Any "Supportive Residence" licensed under the
28 Supportive Residences Licensing Act; or
29 (9) Any "supportive living facility" in good standing
30 with the demonstration project established under Section
31 5-5.01a of the Illinois Public Aid Code.
32 (Source: P.A. 89-499, eff. 6-28-96; revised 8-26-96.)
33 (Text of Section after amendment by P.A. 89-507)
34 Sec. 1-113. "Facility" or "long-term care facility"
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1 means a private home, institution, building, residence, or
2 any other place, whether operated for profit or not, or a
3 county home for the infirm and chronically ill operated
4 pursuant to Division 5-21 or 5-22 of the Counties Code, or
5 any similar institution operated by a political subdivision
6 of the State of Illinois, which provides, through its
7 ownership or management, personal care, sheltered care or
8 nursing for 3 or more persons, not related to the applicant
9 or owner by blood or marriage. It includes skilled nursing
10 facilities and intermediate care facilities as those terms
11 are defined in Title XVIII and Title XIX of the Federal
12 Social Security Act.
13 "Facility" does not include the following:
14 (1) A home, institution, or other place operated by the
15 federal government or agency thereof, or by the State of
16 Illinois;
17 (2) A hospital, sanitarium, or other institution whose
18 principal activity or business is the diagnosis, care, and
19 treatment of human illness through the maintenance and
20 operation as organized facilities therefor, which is required
21 to be licensed under the Hospital Licensing Act;
22 (3) Any "facility for child care" as defined in the
23 Child Care Act of 1969;
24 (4) Any "Community Living Facility" as defined in the
25 Community Living Facilities Licensing Act;
26 (5) Any "community residential alternative" as defined
27 in the Community Residential Alternatives Licensing Act;
28 (6) Any nursing home or sanatorium operated solely by
29 and for persons who rely exclusively upon treatment by
30 spiritual means through prayer, in accordance with the creed
31 or tenets of any well-recognized church or religious
32 denomination. However, such nursing home or sanatorium shall
33 comply with all local laws and rules relating to sanitation
34 and safety;
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1 (7) Any facility licensed by the Department of Human
2 Services as a community-integrated living arrangement as
3 defined in the Community-Integrated Living Arrangements
4 Licensure and Certification Act;
5 (8) Any "Supportive Residence" licensed under the
6 Supportive Residences Licensing Act; or
7 (9) Any "supportive living facility" in good standing
8 with the demonstration project established under Section
9 5-5.01a of the Illinois Public Aid Code.
10 (10) An assisted living establishment licensed under the
11 Assisted Living Establishment Act.
12 (Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
13 revised 8-26-96.)
14 Section 205. The Health Care Worker Background Check Act
15 is amended by changing Section 15 as follows:
16 (225 ILCS 46/15)
17 (Text of Section before amendment by P.A. 89-507)
18 Sec. 15. Definitions. For the purposes of this Act, the
19 following definitions apply:
20 "Applicant" means an individual seeking employment with a
21 health care employer who has received a bona fide conditional
22 offer of employment.
23 "Conditional offer of employment" means a bona fide offer
24 of employment by a health care employer to an applicant,
25 which is contingent upon the receipt of a report from the
26 Department of State Police indicating that the applicant does
27 not have a record of conviction of any of the criminal
28 offenses enumerated in Section 25.
29 "Direct care" means the provision of nursing care or
30 assistance with meals, dressing, movement, bathing, or other
31 personal needs or maintenance, or general supervision and
32 oversight of the physical and mental well-being of an
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1 individual who is incapable of managing his or her person
2 whether or not a guardian has been appointed for that
3 individual.
4 "Health care employer" means:
5 (1) the owner or licensee of any of the following:
6 (i) a community living facility, as defined in the
7 Community Living Facilities Act;
8 (ii) a life care facility, as defined in the Life
9 Care Facilities Act;
10 (iii) a long-term care facility, as defined in the
11 Nursing Home Care Act;
12 (iv) a home health agency, as defined in the Home
13 Health Agency Licensing Act;
14 (v) a full hospice, as defined in the Hospice
15 Program Licensing Act;
16 (vi) a hospital, as defined in the Hospital
17 Licensing Act;
18 (vii) a community residential alternative, as
19 defined in the Community Residential Alternatives
20 Licensing Act;
21 (viii) a nurse agency, as defined in the Nurse
22 Agency Licensing Act;
23 (ix) a respite care provider, as defined in the
24 Respite Program Act;
25 (2) a day training program certified by the Department
26 of Mental Health and Developmental Disabilities; or
27 (3) a community integrated living arrangement operated
28 by a community mental health and developmental service
29 agency, as defined in the Community-Integrated Living
30 Arrangements Licensing and Certification Act.
31 "Initiate" means the obtaining of the authorization for a
32 record check from a student, applicant, or employee. The
33 educational entity or health care employer or its designee
34 shall transmit all necessary information and fees to the
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1 Illinois State Police within 10 working days after receipt of
2 the authorization.
3 (Source: P.A. 89-197, eff. 7-21-95; 89-674, eff. 8-14-96;
4 revised 9-12-96.)
5 (Text of Section after amendment by P.A. 89-507)
6 Sec. 15. Definitions. For the purposes of this Act, the
7 following definitions apply:
8 "Applicant" means an individual seeking employment with a
9 health care employer who has received a bona fide conditional
10 offer of employment.
11 "Conditional offer of employment" means a bona fide offer
12 of employment by a health care employer to an applicant,
13 which is contingent upon the receipt of a report from the
14 Department of State Police indicating that the applicant does
15 not have a record of conviction of any of the criminal
16 offenses enumerated in Section 25.
17 "Direct care" means the provision of nursing care or
18 assistance with meals, dressing, movement, bathing, or other
19 personal needs or maintenance, or general supervision and
20 oversight of the physical and mental well-being of an
21 individual who is incapable of managing his or her person
22 whether or not a guardian has been appointed for that
23 individual.
24 "Health care employer" means:
25 (1) the owner or licensee of any of the following:
26 (i) a community living facility, as defined in the
27 Community Living Facilities Act;
28 (ii) a life care facility, as defined in the Life
29 Care Facilities Act;
30 (iii) a long-term care facility, as defined in the
31 Nursing Home Care Act;
32 (iv) a home health agency, as defined in the Home
33 Health Agency Licensing Act;
34 (v) a full hospice, as defined in the Hospice
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1 Program Licensing Act;
2 (vi) a hospital, as defined in the Hospital
3 Licensing Act;
4 (vii) a community residential alternative, as
5 defined in the Community Residential Alternatives
6 Licensing Act;
7 (viii) a nurse agency, as defined in the Nurse
8 Agency Licensing Act;
9 (ix) a respite care provider, as defined in the
10 Respite Program Act;or
11 (x) an assisted living establishment;
12 (2) a day training program certified by the Department
13 of Human Services; or
14 (3) a community integrated living arrangement operated
15 by a community mental health and developmental service
16 agency, as defined in the Community-Integrated Living
17 Arrangements Licensing and Certification Act.
18 "Initiate" means the obtaining of the authorization for a
19 record check from a student, applicant, or employee. The
20 educational entity or health care employer or its designee
21 shall transmit all necessary information and fees to the
22 Illinois State Police within 10 working days after receipt of
23 the authorization.
24 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
25 89-674, eff. 8-14-96; revised 9-12-96.)
26 Section 210. No acceleration or delay. Where this Act
27 makes changes in a statute that is represented in this Act by
28 text that is not yet or no longer in effect (for example, a
29 Section represented by multiple versions), the use of that
30 text does not accelerate or delay the taking effect of (i)
31 the changes made by this Act or (ii) provisions derived from
32 any other Public Act.
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1 Section 999. Effective date. This Act takes effect July
2 1, 1998.