State of Illinois
90th General Assembly
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[ Introduced ][ House Amendment 001 ]

90_HB2224eng

      210 ILCS 45/1-113         from Ch. 111 1/2, par. 4151-113
      305 ILCS 5/5E-5
          Amends the Nursing Home Care Act to provide  that  homes,
      institutions, or other places operated under the authority of
      the Illinois Department of Veterans' Affairs are not excluded
      from  the  definition of long-term care facility.  Amends the
      Illinois Public Aid Code.  Provides that  the  term  "nursing
      home"  does not include a State facility operated by or under
      the  authority  of  the  Illinois  Department  of   Veterans'
      Affairs.
                                                     LRB9000446LDdv
HB2224 Engrossed                               LRB9000446LDdv
 1        AN  ACT  to  amend  the Nursing Home Care Act by changing
 2    Section 1-113.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Nursing  Home  Care  Act is amended by
 6    changing Section 1-113 as follows:
 7        (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
 8        (Text of Section before amendment by P.A. 89-507)
 9        Sec. 1-113.   "Facility"  or  "long-term  care  facility"
10    means  a  private  home, institution, building, residence, or
11    any other place, whether operated for profit  or  not,  or  a
12    county  home  for  the  infirm  and  chronically ill operated
13    pursuant to Division 5-21 or 5-22 of the Counties Code, or  a
14    any  similar  institution operated by a political subdivision
15    of  the  State  of  Illinois,  which  provides,  through  its
16    ownership or management, personal  care,  sheltered  care  or
17    nursing  for  3 or more persons, not related to the applicant
18    or owner by blood or marriage.  It includes  skilled  nursing
19    facilities  and  intermediate  care facilities as those terms
20    are defined in Title XVIII  and  Title  XIX  of  the  Federal
21    Social Security Act.
22        "Facility" does not include the following:
23        (1)  A  home, institution, or other place operated by the
24    federal government or agency thereof,  or  by  the  State  of
25    Illinois;
26        (2)  A  hospital,  sanitarium, or other institution whose
27    principal activity or business is the  diagnosis,  care,  and
28    treatment  of  human  illness  through  the  maintenance  and
29    operation as organized facilities therefor, which is required
30    to be licensed under the Hospital Licensing Act;
31        (3)  Any  "facility  for  child  care"  as defined in the
HB2224 Engrossed            -2-                LRB9000446LDdv
 1    Child Care Act of 1969;
 2        (4)  Any "Community Living Facility" as  defined  in  the
 3    Community Living Facilities Licensing Act;
 4        (5)  Any  "community  residential alternative" as defined
 5    in the Community Residential Alternatives Licensing Act;
 6        (6)  Any nursing home or sanatorium  operated  solely  by
 7    and  for  persons  who  rely  exclusively  upon  treatment by
 8    spiritual means through prayer, in accordance with the  creed
 9    or   tenets   of  any  well-recognized  church  or  religious
10    denomination. However, a  such  nursing  home  or  sanatorium
11    shall  comply  with  all  local  laws  and  rules relating to
12    sanitation and safety;
13        (7)  Any facility licensed by the  Department  of  Mental
14    Health     and     Developmental     Disabilities     as    a
15    community-integrated living arrangement  as  defined  in  the
16    Community-Integrated   Living   Arrangements   Licensure  and
17    Certification Act;
18        (8)  Any  "Supportive  Residence"  licensed   under   the
19    Supportive Residences Licensing Act; or
20        (9)  Any  "supportive  living  facility" in good standing
21    with the  demonstration  project  established  under  Section
22    5-5.01a of the Illinois Public Aid Code.
23    (Source: P.A. 89-499, eff. 6-28-96; revised 8-26-96.)
24        (Text of Section after amendment by P.A. 89-507)
25        Sec.  1-113.   "Facility"  or  "long-term  care facility"
26    means a private home, institution,  building,  residence,  or
27    any  other  place,  whether  operated for profit or not, or a
28    county home for  the  infirm  and  chronically  ill  operated
29    pursuant  to Division 5-21 or 5-22 of the Counties Code, or a
30    any similar institution operated by a  political  subdivision
31    of  the  State  of  Illinois,  which  provides,  through  its
32    ownership  or  management,  personal  care, sheltered care or
33    nursing for 3 or more persons, not related to  the  applicant
34    or  owner  by blood or marriage.  It includes skilled nursing
HB2224 Engrossed            -3-                LRB9000446LDdv
 1    facilities and intermediate care facilities  as  those  terms
 2    are  defined  in  Title  XVIII  and  Title XIX of the Federal
 3    Social Security Act.
 4        "Facility" does not include the following:
 5        (1)  A home, institution, or other place operated by  the
 6    federal  government  or  agency  thereof,  or by the State of
 7    Illinois;
 8        (2)  A hospital, sanitarium, or other  institution  whose
 9    principal  activity  or  business is the diagnosis, care, and
10    treatment  of  human  illness  through  the  maintenance  and
11    operation as organized facilities therefor, which is required
12    to be licensed under the Hospital Licensing Act;
13        (3)  Any "facility for child  care"  as  defined  in  the
14    Child Care Act of 1969;
15        (4)  Any  "Community  Living  Facility" as defined in the
16    Community Living Facilities Licensing Act;
17        (5)  Any "community residential alternative"  as  defined
18    in the Community Residential Alternatives Licensing Act;
19        (6)  Any  nursing  home  or sanatorium operated solely by
20    and for  persons  who  rely  exclusively  upon  treatment  by
21    spiritual  means through prayer, in accordance with the creed
22    or  tenets  of  any  well-recognized  church   or   religious
23    denomination.  However,  a  such  nursing  home or sanatorium
24    shall comply with  all  local  laws  and  rules  relating  to
25    sanitation and safety;
26        (7)  Any  facility  licensed  by  the Department of Human
27    Services as  a  community-integrated  living  arrangement  as
28    defined   in  the  Community-Integrated  Living  Arrangements
29    Licensure and Certification Act;
30        (8)  Any  "Supportive  Residence"  licensed   under   the
31    Supportive Residences Licensing Act; or
32        (9)  Any  "supportive  living  facility" in good standing
33    with the  demonstration  project  established  under  Section
34    5-5.01a of the Illinois Public Aid Code.
HB2224 Engrossed            -4-                LRB9000446LDdv
 1    (Source:  P.A.  89-499,  eff.  6-28-96;  89-507, eff. 7-1-97;
 2    revised 8-26-96.)
 3        Section 95.  No acceleration or delay.   Where  this  Act
 4    makes changes in a statute that is represented in this Act by
 5    text  that  is not yet or no longer in effect (for example, a
 6    Section represented by multiple versions), the  use  of  that
 7    text  does  not  accelerate or delay the taking effect of (i)
 8    the changes made by this Act or (ii) provisions derived  from
 9    any other Public Act.

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