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91_HB2603
LRB9105885JSpc
1 AN ACT to create the Assisted Living and Shared Housing
2 Establishment 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 Assisted Living and Shared Housing Establishment Act.
7 Section 5. Legislative purpose. The purpose of this Act
8 is to permit the development and availability of assisted
9 living establishments and shared housing arrangements based
10 on a social model that promotes the dignity, individuality,
11 privacy, independence, autonomy, and decision-making ability
12 of those persons residing in assisted living and shared
13 housing establishments in this State; to provide for the
14 health, safety, and welfare of those residents; to promote
15 continuous quality improvement in assisted living; and to
16 encourage the development of innovative and affordable
17 assisted living establishments and shared housing with
18 service establishments for elderly persons of all income
19 levels.
20 Section 10. Definitions. For purposes of this Act:
21 (a) "Abuse" means any physical or mental injury or
22 sexual assault inflicted on a resident of an establishment
23 other than by accidental means.
24 "Activities of daily living" means eating, dressing,
25 bathing, toileting, transferring, or personal hygiene.
26 "Advisory Board" means the Assisted Living and Shared
27 Housing Advisory Board.
28 "Assisted living establishment" or "establishment" means
29 a home, building, residence, or any other place where
30 sleeping accommodations are provided for at least 3 or more
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1 unrelated adults, at least 80% of whom are 55 years of age or
2 older and where the following are provided in a manner
3 consistent with the purposes of this Act:
4 (1) services consistent with a social model that is
5 based on the premise that a resident's unit in assisted
6 living and shared housing is his or her own home;
7 (2) community-based residential care for persons
8 who need assistance with activities of daily living,
9 including personal, supportive, and intermittent
10 health-related services available 24 hours per day, if
11 needed, to meet the scheduled and unscheduled needs of a
12 resident;
13 (3) mandatory services, whether provided directly
14 by the establishment or by another entity arranged for by
15 the establishment, with the consent of the resident or
16 resident's representative; and
17 (4) a physical environment that is a homelike
18 setting that includes the following and such other
19 elements as are established by the Department in
20 conjunction with the Assisted Living and Shared Housing
21 Advisory Board: individual living units maintained for
22 single occupancy except if 2 residents choose to share a
23 unit, each of which accommodate small kitchen appliances
24 and contain private bathing, washing, and toilet
25 facilities, or private washing and toilet facilities with
26 a common bathing room readily accessible to each
27 resident, and sufficient common space shall exist to
28 permit individual and group activities.
29 "Department" means the Department of Public Health.
30 "Developmental disability" means a severe, chronic
31 disability that:
32 (1) is attributable to a mental or physical
33 impairment or combination of mental and physical
34 impairments;
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1 (2) is manifested before age 22;
2 (3) is likely to continue indefinitely;
3 (4) results in substantial functional limitations
4 in 3 or more of the following areas of major life
5 activity:
6 (A) self-care;
7 (B) receptive and expressive language;
8 (C) learning;
9 (D) mobility;
10 (E) self-direction;
11 (F) capacity for independent living;
12 (G) economic self-sufficiency; and
13 (5) reflects the individual's need for a
14 combination and sequence of special, interdisciplinary,
15 or generic services, supports, or other assistance that
16 is of lifelong or extended duration and is individually
17 planned and coordinated.
18 "Director" means the Director of the Department of Public
19 Health.
20 "Emergency" means imminent danger of death or serious
21 physical or mental harm to a resident of an establishment.
22 "License" means any of the following types of licenses
23 issued to an applicant or licensee by the Department:
24 (1) "Probationary license" means a license issued
25 to an applicant or licensee that has not held a license
26 under this Act for the particular establishment prior to
27 its application.
28 (2) "License" means a license issued by the
29 Department to an applicant or licensee that is in
30 substantial compliance with this Act and any rules
31 promulgated under this Act.
32 "Licensed mental health professional" means a physician
33 licensed to practice medicine in all its branches, a
34 psychologist, an occupational therapist with advanced
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1 training in the assessment and treatment of mentally ill
2 persons, a licensed clinical social worker, or an advanced
3 practice nurse with advanced training in the assessment and
4 treatment of mentally ill persons.
5 "Licensee" means a person, agency, association,
6 corporation, partnership, or organization that has been
7 issued a license to operate an assisted living or shared
8 housing establishment.
9 "Mandatory services" include the following, to be
10 provided or arranged for by the establishment:
11 (1) 3 meals per day available to the residents
12 prepared by the establishment or an outside contractor;
13 (2) housekeeping services including, but not
14 limited to, vacuuming, dusting, and cleaning the
15 resident's unit;
16 (3) personal laundry and linen services available
17 to the residents;
18 (4) security provided 24 hours each day including,
19 but not limited to, locked entrances or building or
20 contract security personnel;
21 (5) an emergency communication response system,
22 which is a procedure in place 24 hours each day by which
23 a resident can notify the establishment management, an
24 emergency response vendor, or another entity able to meet
25 his or her need for immediate assistance, that he or she
26 has such a need; and
27 (6) assistance with activities of daily living as
28 required by each resident.
29 "Neglect" means a failure in a facility to provide
30 adequate medical or personal care or food or shelter, which
31 failure results in physical or mental injury to a resident or
32 in the deterioration of a resident's physical or mental
33 condition.
34 "Owner" means the individual, partnership, corporation,
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1 association, or other person who owns an assisted living or
2 shared housing establishment. If an assisted living or
3 shared housing establishment is operated by a person who
4 leases or manages the physical plant, which is owned by
5 another person, "owner" means the person who operates the
6 assisted living or shared housing establishment, except that
7 if the person who owns the physical plant is an affiliate of
8 the person who operates the assisted living or shared housing
9 establishment and has significant control over the day to day
10 operations of the assisted living or shared housing
11 establishment, the person who owns the physical plant shall
12 incur jointly and severally with the owner all liabilities
13 imposed on an owner under this Act.
14 "Physician" means a persons licensed under the Medical
15 Practice Act of 1987 to practice medicine in all of its
16 branches.
17 "Psychotropic medication" has the meaning ascribed to
18 that term in the Nursing Home Care Act and implementing
19 regulations.
20 "Resident" means a person residing in an assisted living
21 or shared housing establishment.
22 "Resident's representative" means a person other than the
23 owner, agent, or employee of an establishment, unless related
24 to the resident, designated by the resident as his or her
25 agent pursuant to the Illinois Power of Attorney Act, or the
26 resident's guardian.
27 "Self" means the individual or the individual's
28 representative.
29 "Severe mental illness' means a condition that is
30 characterized by the presence of a major mental disorder as
31 classified in the Diagnostic and Statistical Manual of Mental
32 Disorders, Fourth Edition (American Psychiatric Association,
33 1994), but does not mean Alzheimer's disease and other forms
34 of dementia based on organic or physical disorders.
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1 "Shared housing establishment" or "establishment" means a
2 publicly or privately operated free standing residence for
3 12 or fewer persons, at least 80% of whom are 55 years of age
4 or older and who are unrelated to the owners and one manager
5 of the residence, where the following are provided in a
6 manner that is consistent with the purposes of this Act:
7 (1) services consistent with a social model that is
8 based on the premise that a resident's unit in assisted
9 living and shared housing is his or her own home;
10 (2) community-based residential care for persons
11 who need assistance with activities of daily living,
12 including personal, supportive, and intermittent
13 health-related services available 24 hours per day, if
14 needed, to meet the scheduled and unscheduled needs of a
15 resident;
16 (3) mandatory services, whether provided directly
17 by the establishment or by another entity arranged for by
18 the establishment, with the consent of the resident or
19 resident's representative;
20 "Total assistance" means that staff or another individual
21 performs the entire activity of daily living without
22 participation by the resident.
23 (b) Neither "assisted living establishment" or "shared
24 housing establishment" means any of the following:
25 (1) A home, institution, or similar place operated
26 by the federal government or the State of Illinois.
27 (2) A long-term care facility licensed under the
28 Nursing Home Care Act. However, a long term care facility
29 may convert distinct parts of the facility to assisted
30 living. If the long-term care facility elects to do so,
31 the facility shall retain the Certificate of Need for its
32 nursing beds that were converted.
33 (3) A hospital, sanitarium, or other institution,
34 the principal activity or business of which is the
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1 diagnosis, care, and treatment of human illness and that
2 is required to be licensed under the Hospital Licensing
3 Act.
4 (4) A facility for child care as defined in the
5 Child Care Act of 1969.
6 (5) A community living facility as defined in the
7 Community Living Facilities Licensing Act.
8 (6) A nursing home or sanitarium operated solely by
9 and for persons who rely exclusively upon treatment by
10 spiritual means through prayer in accordance with the
11 creed or tenets of a well-recognized church or religious
12 denomination.
13 (7) A facility licensed by the Department of Human
14 Services as a community-integrated living arrangement as
15 defined in the Community-Integrated Living Arrangements
16 Licensure and Certification Act.
17 (8) A supportive residence licensed under the
18 Supportive Residences Licensing Act.
19 (9) A life care facility as defined in the Life
20 Care Facilities Act; a life care facility may apply under
21 this Act to convert sections of the community to assisted
22 living.
23 (10) A free-standing hospice facility.
24 (11) A shared housing establishment.
25 (12) A supportive living facility as described in
26 Section 5-5.0la of the Illinois Public Aid Code.
27 Section 15. Assessment and service plan requirements.
28 Prior to being admitted to any establishment, and at least
29 annually thereafter, a resident shall undergo a
30 comprehensive assessment that includes an evaluation of the
31 individual's resident's physical, cognitive, and psychosocial
32 condition. Upon identification of a significant change in
33 the resident's condition, an assessment shall be completed.
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1 The Department may by rule require more frequent partial
2 health assessments. The physical assessment component of the
3 comprehensive assessment shall be completed by a physician
4 licensed to practice medicine in all its branches. The
5 cognitive and psychosocial components of the comprehensive
6 assessment shall be completed by a licensed health care
7 professional or by a licensed clinical social worker. If the
8 resident has a diagnosis of a severe mental illness or has
9 been prescribed psychotropic medication, the cognitive and
10 psychosocial components of the assessment shall be completed
11 by a licensed mental health professional. A written service
12 plan, based on the assessment, shall be developed and
13 mutually agreed upon by the establishment and the resident.
14 The service plan, which shall be reviewed annually, or more
15 often as the resident's condition, preferences, or care
16 needs change, shall be the basis for the service delivery
17 contract between the establishment and the resident. The
18 plan shall specify any of the resident's needs the plan or
19 the potential living environment does not meet, and inform
20 the resident and the resident's representative, if any, of
21 any risk to the resident in residing in the establishment and
22 agreeing to the plan. Based on the assessment, the service
23 plan may provide for the disconnection or removal of any
24 appliance.
25 Section 20. Construction and operating standards. The
26 Department, in consultation with the Advisory Board, shall
27 prescribe minimum standards for establishments. These
28 standards shall include:
29 (1) the location and construction of the
30 establishment, including plumbing, heating, lighting,
31 ventilation, and other physical conditions which shall
32 ensure the health, safety, and comfort of residents and
33 their protection from fire hazards; these standards shall
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1 include, at a minimum, compliance with the National Fire
2 Protection Association's Life Safety Code Chapter 21
3 (1985), local and State building codes for the building
4 type, and accessibility standards as related to the
5 Americans with Disabilities Act;
6 (2) the number and qualifications of all personnel
7 having responsibility for any part of the care given to
8 residents;
9 (3) all sanitary conditions within the
10 establishment and its surroundings, including water
11 supply, sewage disposal, food handling, infection
12 control, and general hygiene, which shall ensure the
13 health and comfort of residents;
14 (4) a program for adequate maintenance of physical
15 plant and equipment;
16 (5) adequate accommodations, staff, and services
17 for the number and types of residents for whom the
18 establishment is licensed to care;
19 (6) the development of evacuation and other
20 appropriate safety plans for use during weather, health,
21 fire, physical plant, environmental, and national defense
22 emergencies; and
23 (7) the maintenance of minimum financial and other
24 resources necessary to meet the standards established
25 under this Section and to operate the assisted living or
26 shared housing establishment in accordance with this Act.
27 Section 25. License requirement. No person may
28 establish, operate, maintain, or offer an establishment as an
29 assisted living or shared housing establishment as defined by
30 the Act within this State unless and until he or she obtains
31 a valid license, which remains unsuspended, unrevoked, and
32 unexpired. No public official or employee may place any
33 person in, or recommend that any person be placed in, or
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1 directly or indirectly cause any person to be placed in any
2 establishment that is being operated without a valid license.
3 An entity that operates as an assisted living or shared
4 housing establishment as defined by this Act without a
5 license shall be subject to the provisions, including
6 penalties, of the Nursing Home Care Act. No entity shall use
7 in its name or claim to provide "assisted living" unless
8 licensed as an assisted living or shared housing
9 establishment under this Act, or as a shelter care facility
10 under the Nursing Home Care Act that also meets the
11 definition of an assisted living establishment under this
12 Act.
13 Section 30. Licensing.
14 (a) The Department, in consultation with the Advisory
15 Board, shall establish by rule forms, procedures, and fees
16 for the annual licensing of assisted living and shared
17 housing establishments; shall establish and enforce sanctions
18 and penalties for operating in violation of this Act, as
19 provided in Section 190 of this Act and administrative rules
20 drafted pursuant to Section 170; and shall conduct an annual
21 on-site review requirement for each establishment covered by
22 this Act, which shall include, but not be limited to,
23 compliance with this Act and rules adopted hereunder, focus
24 on solving resident concerns and complaints, and the quality
25 improvement process implemented by the establishment to
26 address resident concerns and complaints. The quality
27 improvement process implemented by the establishment must
28 evaluate performance; be customer centered; be data driven;
29 and focus on resident satisfaction.
30 (b) An establishment shall provide the following
31 information to the Department to be licensed:
32 (1) the business name, street address, mailing
33 address, and telephone number of the establishment;
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1 (2) the name and mailing address of the owner or
2 owners of the establishment and if the owner or owners
3 are not natural persons, identification of the type of
4 business entity of the owners, and the names and
5 addresses of the officers and members of the governing
6 body, or comparable persons for partnerships, limited
7 liability companies, or other types of business
8 organizations;
9 (3) the name and mailing address of the managing
10 agent of the establishment, whether hired under a
11 management agreement or lease agreement, if different
12 from the owner or owners, and the name of the full-time
13 director;
14 (4) verification that the establishment has entered
15 or will enter into a service delivery contract as
16 described in Section 140, as required under this Act,
17 with each resident or resident's representative;
18 (5) the name and address of at least one natural
19 person who shall be responsible for dealing with the
20 Department on all matters provided for in this Act, on
21 whom personal service of all notices and orders shall be
22 made, and who shall be authorized to accept service on
23 behalf of the owner or owners and the managing agent.
24 Notwithstanding a contrary provision of the Code of Civil
25 Procedure, personal service on the person identified
26 pursuant to this subsection shall be considered service
27 on the owner or owners and the managing agent, and it
28 shall not be a defense to any action that personal
29 service was not made on each individual or entity;
30 (6) the signature of the authorized representative
31 of the owner or owners;
32 (7) proof of an ongoing quality improvement program
33 in accordance with rules adopted by the Department in
34 collaboration with the Advisory Board;
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1 (8) information about the number and types of
2 units, the maximum census, and the services to be
3 provided at the establishment, proof of compliance with
4 applicable State and local residential standards, and a
5 copy of the standard contract offered to residents;
6 (9) documentation of adequate liability insurance;
7 and
8 (10) other information necessary to determine the
9 identity and qualifications of an applicant or licensee
10 to operate an assisted living or shared housing
11 establishment in accordance with this Act as required by
12 the Department by rule.
13 (c) The information in the statement of ownership shall
14 be public information and shall be available from the
15 Department.
16 Section 35. Issuance of license.
17 (a) Upon receipt and review of an application for a
18 license and review of the applicant assisted living or shared
19 housing establishment, the Director may issue a license if
20 he or she finds:
21 (1) that the individual applicant, or the
22 corporation, partnership, or other entity if the
23 applicant is not an individual, is a person responsible
24 and suitable to operate or to direct or participate in
25 the operation of an establishment by virtue of financial
26 capacity, appropriate business or professional
27 experience, a record of lawful compliance with lawful
28 orders of the Department and lack of revocation of a
29 license issued under this Act or the Nursing Home Care
30 Act during the previous 5 years;
31 (2) that the establishment is under the supervision
32 of a full-time director who is at least 21 years of age
33 with ability, training, and education appropriate to meet
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1 the needs of the residents and to manage the operations
2 of the establishment and who participates in ongoing
3 training for these purposes;
4 (3) that the establishment has staff sufficient in
5 number with qualifications, adequate skills, education,
6 and experience to meet the 24 hour scheduled and
7 unscheduled needs of residents and who participate in
8 ongoing training to serve the resident population;
9 (4) that direct care staff meet the requirements of
10 the Health Care Worker Background Check Act;
11 (5) that the applicant is in substantial compliance
12 with this Act and such other requirements for a license
13 as the Department by rule may establish under this Act;
14 (6) that the applicant pays all required fees;
15 (7) that the applicant has provided to the
16 Department an accurate disclosure document in accordance
17 with the Alzheimer's Special Care Disclosure Act; and
18 (8) that the applicant meets the requirements of
19 Sections 30 of this Act.
20 Any license issued by the Director shall state the
21 physical location of the establishment, the date the license
22 was issued, and the expiration date. All licenses shall be
23 valid for one year, except as provided in Section 40. Each
24 license shall be issued only for the premises and persons
25 named in the application, and shall not be transferable or
26 assignable.
27 Section 40. Probationary licenses. If the applicant
28 has not been previously licensed for the particular
29 establishment under this Act or if the establishment is not
30 in operation when the application is made, the Department may
31 issue a probationary license. A probationary license shall
32 be valid for 120 days unless sooner suspended or revoked.
33 Within 30 days prior to the termination of a probationary
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1 license, the Department shall fully and completely review the
2 establishment and, if the establishment meets the applicable
3 requirements for licensure, shall issue a license. If the
4 Department finds that the establishment does not meet the
5 requirements for licensure, but has made substantial progress
6 toward meeting those requirements, the license may be renewed
7 once for a period not to exceed 120 days from the expiration
8 date of the initial probationary license.
9 Section 45. Renewal of licenses. At least 120 days,
10 but not more than 150 days prior to license expiration, the
11 licensee shall submit an application for renewal of the
12 license in such form and containing such information as the
13 Department requires. If the application is approved, the
14 license shall be renewed for an additional one year period.
15 The renewal application shall not be approved unless the
16 applicant has provided to the Department an accurate
17 disclosure document in accordance with the Alzheimer's
18 Special Care Disclosure Act, if applicable. If the
19 application for renewal is not timely filed, the Department
20 shall so inform the licensee.
21 Section 50. Transfer of ownership.
22 (a) Whenever ownership of an establishment is
23 transferred from the person named in the license to any other
24 person, the transferee must obtain a new probationary
25 license. The transferee shall notify the Department of the
26 transfer and apply for a new license at least 30 days prior
27 to final transfer.
28 (b) The transferor shall notify the Department at least
29 30 days prior to final transfer. The transferor shall remain
30 responsible for the operation of the establishment until such
31 time as a license is issued to the transferee.
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1 Section 55. Grounds for denial of a license. An
2 application for a license may be denied for any of the
3 following reasons:
4 (1) failure to meet any of the standards set forth
5 in this Act or by rules promulgated by the Department
6 under this Act;
7 (2) conviction of the applicant, or if the
8 applicant is a firm, partnership, or association, of any
9 of its members, or if a corporation, the conviction of
10 the corporation or any of its officers or stockholders,
11 or of the person designated to manage or supervise the
12 establishment, of a felony or of 2 or more misdemeanors
13 involving moral turpitude, during the previous 5 years as
14 shown by a certified copy of the record of the court of
15 conviction;
16 (3) personnel insufficient in number or unqualified
17 by training or experience to properly care for the
18 residents;
19 (4) insufficient financial or other resources to
20 operate and conduct the establishment in accordance with
21 standards promulgated by the Department under this Act;
22 (5) revocation of an establishment license during
23 the previous 5 years, if such prior license was issued to
24 the individual applicant, a controlling owner or
25 controlling combination of owners of the applicant; or
26 any affiliate of the individual applicant or controlling
27 owner of the applicant and such individual applicant,
28 controlling owner of the applicant or affiliate of the
29 applicant was a controlling owner of the prior license;
30 provided, however, that the denial of an application for
31 a license pursuant to this paragraph must be supported by
32 evidence that the prior revocation renders the applicant
33 unqualified or incapable of meeting or maintaining an
34 establishment in accordance with the standards and rules
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1 promulgated by the Department under this Act; or
2 (6) the establishment is not under the direct
3 supervision of a full-time director, as defined by rule.
4 Section 60. Notice of denial; request for hearing;
5 hearing.
6 (a) Immediately upon the denial of any application or
7 reapplication for a license under this Act, the Department
8 shall notify the applicant in writing. Notice of denial
9 shall include a clear and concise statement of the violations
10 of this Act on which the denial is based and notice of the
11 opportunity for a hearing. If the applicant or licensee
12 wishes to contest the denial of a license, it shall provide
13 written notice to the Department of a request for a hearing
14 within 10 days after receipt of the notice of denial. The
15 Department shall commence a hearing under this Section.
16 (b) A request for a hearing by aggrieved persons shall
17 be taken to the Department as follows:
18 (1) Upon the receipt of a request in writing for a
19 hearing, the Director or a person designated in writing
20 by the Director to act as a hearing officer shall conduct
21 a hearing to review the decision.
22 (2) Before the hearing is held notice of the
23 hearing shall be sent by the Department to the person
24 making the request for the hearing and to the person
25 making the decision which is being reviewed. In the
26 notice the Department shall specify the date, time, and
27 place of the hearing, which shall be held not less than
28 10 days after the notice is mailed or delivered. The
29 notice shall designate the decision being reviewed. The
30 notice may be served by delivering it personally to the
31 parties or their representatives or by mailing it by
32 certified mail to the parties' addresses.
33 (3) The Department shall commence the hearing
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1 within 30 days after the receipt of request for hearing.
2 The hearing shall proceed as expeditiously as
3 practicable, but in all cases shall conclude within 90
4 days after commencement.
5 (c) The Director or hearing officer shall permit any
6 party to appear in person and to be represented by counsel at
7 the hearing, at which time the applicant or licensee shall be
8 afforded an opportunity to present all relevant matter in
9 support of his or her position. In the event of the
10 inability of any party or the Department to procure the
11 attendance of witnesses to give testimony or produce books
12 and papers, any party or the Department may take the
13 deposition of witnesses in accordance with the provisions of
14 the laws of this State. All testimony shall be reduced to
15 writing, and all testimony and other evidence introduced at
16 the hearing shall be a part of the record of the hearing.
17 (d) The Director or hearing officer shall make findings
18 of fact in the hearing, and the Director shall render his or
19 her decision within 30 days after the termination of the
20 hearing, unless additional time not to exceed 90 days is
21 required by him or her for a proper disposition of the
22 matter. When the hearing has been conducted by a hearing
23 officer, the Director shall review the record and findings of
24 fact before rendering a decision. All decisions rendered by
25 the Director shall be binding upon and complied with by the
26 Department, the establishment, or the persons involved in the
27 hearing, as appropriate to each case.
28 Section 65. Revocation, suspension, or refusal to renew
29 license.
30 (a) The Department, after notice to the applicant or
31 licensee, may suspend, revoke, or refuse to renew a license
32 in any case in which the Department finds any of the
33 following:
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1 (1) that there has been a substantial failure to
2 comply with this Act or the rules promulgated by the
3 Department under this Act;
4 (2) that there has been a conviction of the
5 licensee, or of the person designated to manage or
6 supervise the establishment, of a felony or of 2 or more
7 misdemeanors involving moral turpitude, during the
8 previous 5 years as shown by a certified copy of the
9 record of the court of conviction;
10 (3) that the personnel is insufficient in number or
11 unqualified by training or experience to properly care
12 for the number and type of residents served by the
13 establishment;
14 (4) that the financial or other resources are
15 insufficient to conduct and operate the establishment in
16 accordance with standards promulgated by the Department
17 under this Act; or
18 (5) that the establishment is not under the direct
19 supervision of a full-time director, as defined by rule.
20 (b) Notice under this Section shall include a clear and
21 concise statement of the violations on which the nonrenewal
22 or revocation is based, the statute or rule violated, and
23 notice of the opportunity for a hearing under Section 60.
24 (c) If an establishment desires to contest the
25 nonrenewal or revocation of a license, the establishment
26 shall, within 10 days after receipt of notice under
27 subsection (b) of this Section, notify the Department in
28 writing of its request for a hearing under Section 60. Upon
29 receipt of the request the Department shall send notice to
30 the establishment and hold a hearing as provided under
31 Section 60.
32 (d) The effective date of nonrenewal or revocation of a
33 license by the Department shall be any of the following:
34 (1) until otherwise ordered by the circuit court,
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1 revocation is effective on the date set by the Department
2 in the notice of revocation, or upon final action after
3 hearing under Section 60, whichever is later;
4 (2) until otherwise ordered by the circuit court,
5 nonrenewal is effective on the date of expiration of any
6 existing license, or upon final action after hearing
7 under Section 60, whichever is later; however, a license
8 shall not be deemed to have expired if the Department
9 fails to timely respond to a timely request for renewal
10 under this Act or for a hearing to contest nonrenewal; or
11 (3) the Department may extend the effective day of
12 license revocation or expiration in any case in order to
13 permit orderly removal and relocation of residents.
14 (e) The Department may refuse to issue or may suspend
15 the license of any person who fails to file a return, or to
16 pay the tax, penalty or interest shown in a filed return, or
17 to pay any final assessment of tax, penalty or interest, as
18 required by any tax Act administered by the Illinois
19 Department of Revenue, until such time as the requirements of
20 any such tax Act are satisfied.
21 Section 70. Service requirements. An establishment must
22 provide all mandatory services. It may provide optional
23 services, including non-medical services as defined by rule,
24 and medication reminders, supervision of self-administered
25 medication and medication administration as defined by this
26 Section. Optional services may be provided directly by the
27 establishment or by another entity arranged for by the
28 establishment with the consent of the resident or the
29 resident's representative. For the purpose of this Section, a
30 "medication reminder" means reminding a resident to take a
31 predispensed, self-administered medication, observing the
32 resident, and documenting in writing whether the resident
33 took the medication. For the purpose of this Section,
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1 "supervision of self-administered medication" means reminding
2 a resident to take medication, reading the medication label
3 to a resident, observing a resident while he or she takes
4 medication, checking the self-administered dosage against the
5 label of the medication, confirming that residents have
6 obtained and are taking the dosage as prescribed, and
7 documenting in writing whether a resident has taken the
8 medication. Supervision of self-administered medication
9 shall be under the direction of a registered professional
10 nurse, licensed practical nurse, licensed physician's
11 assistant, advanced practice nurse, or physician licensed to
12 practice medicine in all its branches.
13 For the purposes of this Section, "medication
14 administration" shall refer to a registered professional
15 nurse, licensed practical nurse, licensed physician's
16 assistant, advanced practice nurse, or physician licensed to
17 practice medicine in all its branches employed by an assisted
18 living or shared housing establishment engaging in
19 administering routine insulin and vitamin B-12 injections,
20 oral medications, topical treatments, eye and ear drops, or
21 nitroglycerin patches. Only licensed staff may administer
22 medication.
23 The Department shall specify by rule procedures for
24 supervision of self-administered medication and medication
25 administration.
26 Section 75. Residency requirements.
27 (a) No individual shall be accepted for residency or
28 remain in residence if the assisted living or shared housing
29 establishment cannot provide or secure appropriate care, if
30 the individual requires a level of service or type of service
31 for which the establishment is not licensed or which the
32 establishment does not provide, or if the establishment does
33 not have the staff appropriate in numbers and with
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1 appropriate skill to provide such services.
2 (b) Only adults may be accepted for residency. Persons
3 with a developmental disability may not be accepted for
4 residency.
5 (c) A person shall not be accepted for residency if:
6 (1) the person poses a serious threat to himself or
7 herself or to others;
8 (2) the person is not able to negotiate a service
9 plan and has no representative;
10 (3) the person requires total assistance with 2 or
11 more activities of daily living;
12 (4) the person requires the simultaneous assistance
13 of 2 or more paid caregivers with an activity of daily
14 living;
15 (5) the person requires more than minimal
16 assistance in moving to a safe area in an emergency;
17 (6) the person has a severe mental illness which
18 significantly impairs the resident in self-maintenance,
19 social functioning, or activities of community living.
20 (7) the person requires intravenous therapy or
21 intravenous feedings unless self-administered or
22 administered by a licensed health care professional not
23 employed by the establishment;
24 (8) the person requires gastrostomy feedings
25 unless self-administered or administered by a licensed
26 health care professional not employed by the
27 establishment;
28 (9) the person requires insertion, sterile
29 irrigation, and replacement of a catheter, except for
30 routine maintenance of urinary catheters, unless the
31 catheter care is self-administered or administered by a
32 licensed health care professional not employed by the
33 establishment;
34 (10) the person requires sterile wound care unless
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1 care is self administered or administered by a licensed
2 health care professional not employed by the
3 establishment;
4 (11) the person requires sliding scale insulin
5 administration unless self-performed or administered by a
6 licensed health care professional not employed by the
7 establishment;
8 (12) the person is a diabetic requiring routine
9 insulin injections unless the injections are
10 self-administered or administered by a licensed health
11 care professional;
12 (13) the person is an alcoholic or other substance
13 abuser;
14 (14) the person cannot use a fork or spoon without
15 assistance;
16 (15) if incontinent, the person is unable to
17 perform his or her own continence care, even with
18 direction;
19 (16) the person requires treatment of stage 3 or
20 stage 4 decubitus ulcers or exfoliative dermatitis;
21 (17) the person requires 5 or more skilled nursing
22 visits per week for conditions other than those listed in
23 items (16) through (18) of this subsection for a period
24 of 3 consecutive weeks or more, except that residency
25 need not be terminated when the course of treatment is
26 for rehabilitative purposes and is certified as temporary
27 by a licensed health care professional; or
28 (18) other reasons prescribed by the Department by
29 rule.
30 For purposes of this subsection, an individual employed
31 by the establishment includes any individual whose services
32 are contracted for or arranged by the establishment.
33 (d) A resident with a condition listed in items (1)
34 through (13) of subsection (c) shall be discharged.
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1 (e) A resident with a condition listed in items (14)
2 through (18) of subsection (c) may continue to reside in the
3 establishment for a period of 21 days before being
4 discharged.
5 (f) A resident shall be discharged when services
6 available to the resident in the establishment are no longer
7 adequate to meet the needs of the resident. This provision
8 does not limit the authority of the Department to require the
9 discharge of individuals.
10 (g) Subsections (d) and (e) of this Section shall not
11 apply to terminally ill residents who receive hospice care
12 coordinated by a hospice licensed under the Hospice Program
13 Licensing Act or other licensed health care professional
14 employed by a licensed home health agency, if all parties
15 agree to the continued residency.
16 Section 80. Involuntary discharge.
17 (a) A resident shall be involuntarily discharged from an
18 assisted living or shared housing establishment only for the
19 following reasons:
20 (1) as provided in Section 75 of this Act;
21 (2) nonpayment of contracted charges after the
22 resident and the resident's representative have received
23 a minimum of 30-days written notice of the delinquency
24 and the resident or the resident's representative has had
25 at least 15 days to cure the delinquency; or
26 (3) failure to execute a service delivery contract
27 or to comply substantially with its terms and conditions,
28 failure to comply with the assessment requirements of
29 Section 15, or failure to comply substantially with the
30 terms and conditions of the lease agreement.
31 (b) Involuntary discharge of a resident from an
32 establishment shall be preceded by the discussion required
33 under Section 95 and by a minimum written notice of 30 days
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1 to the resident and the resident's representative, if any,
2 except as provided in Section 115.
3 Section 85. Discharge notice.
4 (a) The notice required by subsection (b) of Section 80
5 shall be on a form prescribed by the Department. It shall
6 contain all of the following:
7 (1) The stated reason for the proposed discharge.
8 (2) The effective date of the proposed discharge.
9 (3) A statement of the resident's right to appeal,
10 and of the steps the resident must take to appeal,
11 including how to obtain the assistance of the Long Term
12 Care Ombudsman in the appeal.
13 (4) A statement of the resident's right to continue
14 remain in the establishment until a decision on the
15 appeal.
16 (5) A toll-free number to initiate an appeal.
17 (6) A written hearing request form, together with a
18 postage-paid envelope, pre-addressed to the Department.
19 If either the resident or resident's representative, if
20 any, cannot read English, the notice shall be printed in a
21 language the individual receiving the notice can read.
22 (b) A copy of the notice required by subsection (b) of
23 Section 80 shall be placed in the resident's record and a
24 copy shall be transmitted to the Department, the resident,
25 and the resident's representative, if any.
26 Section 90. Stay of discharge. A request for a hearing
27 made under Section 85 shall stay a discharge until a decision
28 has been rendered by the Department, according to a process
29 adopted by rule.
30 Section 95. Warning and explanation of discharge.
31 (a) The planned involuntary discharge shall be discussed
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1 with the resident and the resident's representative, if any.
2 The explanation and discussion of the reasons for involuntary
3 discharge shall include the establishment director or other
4 appropriate establishment representative as the director's
5 designee. The content of the discussion and explanation
6 shall be summarized in writing and shall include the names of
7 the individuals involved in the discussion and made a part of
8 the resident's record. The establishment shall inform the
9 resident and the resident's representative of any actions the
10 resident or the resident's representative can take to avoid
11 involuntary discharge. Except in an emergency or when
12 immediate discharge is mandated by law, the discussion shall
13 occur when the establishment becomes aware of circumstances
14 that, if not remedied, could result in the involuntary
15 discharge of the resident. The establishment shall
16 accommodate the resident's needs, if practicable, in order to
17 avoid the need to initiate an involuntary discharge.
18 (b) When the nonpayment is the basis for involuntary
19 discharge, the resident shall have the right to redeem up to
20 the date that the discharge is to be made and then shall have
21 the right to remain in the facility.
22 (c) Except with the agreement of the resident, the
23 establishment may not terminate or reduce any care or
24 services provided to the resident, so as to make it more
25 difficult or impossible for the resident to remain in the
26 establishment, before the resident has been discharged and
27 has moved from the establishment.
28 Section 100. Assistance with discharge. The
29 establishment shall offer the resident and the resident's
30 representative, if any, counseling services before the
31 discharge of the resident to sufficiently prepare and orient
32 the resident and ensure safe and orderly discharge from the
33 establishment. Services shall include information about
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1 available alternative placement. Residents shall be involved
2 in planning the move and shall choose among the available
3 alternative placements.
4 Section 105. Hearing procedures.
5 (a) A resident subject to involuntary discharge from an
6 establishment and the resident's representative, if any,
7 shall have the opportunity to file a request for a hearing
8 with the Department within 15 days following receipt of the
9 written notice of the involuntary discharge by the
10 establishment.
11 (b) The Department shall hold a hearing at the
12 resident's establishment not later than 10 days after a
13 hearing request is filed and render a decision within 14 days
14 after the filing of the hearing request. At the request of
15 the resident or the resident's representative, the hearing
16 may occur at an alternative hearing site.
17 (c) The hearing before the Department provided under
18 subsection (b) shall be conducted as prescribed under items
19 (1) and (2) of subsection (b) and subsections (c) and (d) of
20 Section 60 of this Act. In determining whether a discharge is
21 authorized, the burden of proof in this hearing rests on the
22 establishment.
23 (d) If the Department determines that a discharge is
24 authorized under Section 80, the resident shall not be
25 required to leave the establishment before the 34th day
26 following receipt of the notice required under Section 85 or
27 the 10th day following receipt of the Department's decision,
28 whichever is later.
29 Section 110. Discharge by Department.
30 (a) The Department may discharge any resident from any
31 establishment required to be licensed under this Act when any
32 of the following conditions exist:
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1 (1) the establishment is operating without a
2 license;
3 (2) the Department has suspended, revoked, or
4 refused to renew the license of the establishment;
5 (3) the establishment has requested the aid of the
6 Department in the discharge of the resident and the
7 Department finds that the resident consents to discharge;
8 (4) the establishment is closing or intends to
9 close and adequate arrangement for relocation of the
10 resident has not been made at least 30 days prior to
11 closure; or
12 (5) the Department determines that an emergency
13 exists which requires immediate discharge of the
14 resident.
15 (b) In deciding to discharge a resident from a
16 establishment under this Section, the Department shall
17 consider the likelihood of serious harm which may result if
18 the resident remains in the establishment.
19 Section 115. Relocation assistance.
20 (a) The Department shall offer discharge and relocation
21 assistance to residents transferred or discharged under
22 Sections 80 and 110, including information on available
23 alternative placements. Residents shall be involved in
24 planning the discharge and shall choose among the available
25 alternative placements, except that when an emergency makes
26 prior resident involvement impossible the Department may make
27 a temporary placement until a final placement can be
28 arranged. Residents may choose their final alternative
29 placement and shall be given assistance in moving to that
30 place. No resident may be forced to remain in a temporary or
31 permanent placement. When the Department makes or
32 participates in making the relocation decision, consideration
33 shall be given to proximity to the resident's relatives and
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1 friends. The resident shall be allowed 3 visits to potential
2 alternative placements prior to removal, except when
3 medically contraindicated or when the need for immediate
4 discharge requires reduction in the number of visits.
5 (b) The Department shall prepare resident discharge
6 plans to assure safe and orderly removals and protect
7 residents' health, safety, welfare, and rights, for any
8 resident discharged pursuant to Section 110.. In
9 nonemergencies, and when possible in emergencies, the
10 Department shall design and implement the plans in advance of
11 discharge.
12 (c) The Department may place relocation teams in any
13 establishment from which residents are being discharged or
14 transferred for any reason for the purpose of implementing
15 discharge plans.
16 Section 120. Appeal of discharge by Department.
17 (a) In any discharge conducted under Section 110, the
18 Department shall provide written notice to the establishment
19 prior to the discharge. The notice shall state the basis for
20 the order of discharge and shall inform the establishment of
21 its right to an informal conference prior to discharge under
22 this Section, and its right to a subsequent hearing under
23 Section 130. If an establishment desires to contest a
24 nonemergency transfer or discharge, prior to transfer or
25 discharge it shall, within 4 working days after receipt of
26 the notice, send a written request for an informal conference
27 to the Department. The Department shall, within 4 working
28 days after the receipt of the request, hold an informal
29 conference in the county in which the establishment is
30 located. Following this conference, the Department may
31 affirm, modify, or overrule its previous decision. Except in
32 an emergency, transfer or discharge may not begin until the
33 period for requesting a conference has passed or, if a
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1 conference is requested, until after a conference has been
2 held.
3 (b) The Department shall provide written notice to any
4 resident to be removed, to the resident's representative, if
5 any, and to a member of the resident's family, when possible,
6 prior to the removal. The notice shall state the reason for
7 which discharge is ordered and shall inform the resident of
8 the resident's right to challenge the discharge under Section
9 130, and of the resident's right to be represented at the
10 appeal by the Long Term Care Ombudsman. The Department shall
11 hold an informal conference with the resident or the
12 resident's representative prior to discharge at which the
13 resident or the representative may present any objections to
14 the proposed discharge plan or alternative placement.
15 Section 125. Emergency discharge. In any discharge
16 pursuant to item (5) of subsection (a) of Section 110, the
17 Department shall notify the establishment and any resident to
18 be removed that an emergency has been found to exist and
19 removal has been ordered and shall involve the residents in
20 removal planning if possible. Following emergency removal,
21 the Department shall provide written notice to the
22 establishment, to the resident, to the resident's
23 representative, if any, and to a member of the resident's
24 family, when possible, of the basis for the finding that an
25 emergency existed and of the right to challenge removal under
26 Section 130.
27 Section 130. Procedure after discharge by Department.
28 Within 10 days following discharge pursuant to Section 110,
29 the establishment or any resident transferred or discharged
30 may send a written request to the Department for a hearing to
31 challenge the discharge. The Department shall hold the
32 hearing within 30 days after receipt of the request. The
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1 hearing shall be held at the establishment from which the
2 resident is being discharged, unless the resident or
3 resident's representative requests an alternative hearing
4 site. The hearing shall be conducted as prescribed under
5 items (1) and (2) of subsection (b) and subsections (c) and
6 (d) of Section 60. If the establishment prevails, it may
7 file a claim against the State under the Court of Claims Act
8 for payments lost less expenses saved as a result of the
9 transfer or discharge. No resident discharged may be held
10 liable for the charge for care which would have been made had
11 the resident remained in the establishment. If the resident
12 prevails, the resident may file a claim against the State
13 under the Court of Claims Act for any excess expenses
14 directly caused by the order to discharge. The Department
15 shall assist the resident in returning to the establishment
16 if assistance is requested.
17 Section 135. Contract requirements. No entity may
18 establish, operate, conduct, or maintain an assisted living
19 or shared housing establishment in this State unless a
20 written residency and service delivery contract is executed
21 between the establishment and each resident or resident's
22 representative in accordance with Section 140 and unless the
23 establishment operates in accordance with the terms of the
24 contract. The resident or the resident's representative shall
25 be given a complete copy of the contract and all supporting
26 documents and attachments and any changes whenever changes
27 are made. If the resident does not understand English and if
28 translated documents are not available, the establishment
29 must explain its policies to a responsible relative or friend
30 or another individual who can communicate the information to
31 the resident.
32 Section 140. Contents of residency and service delivery
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1 contract. A contract between an assisted living or shared
2 housing establishment and a resident must be entitled
3 "Assisted Living Establishment Contract" or "Shared Housing
4 Establishment Contract" as applicable, shall be printed in no
5 less than 12 point type, and shall include at least the
6 following elements in the body or through supporting
7 documents or attachments:
8 (1) the name, street address, and mailing address
9 of the establishment;
10 (2) the name and mailing address of the owner or
11 owners of the establishment and, if the owner or owners
12 are not natural persons, the type of business entity of
13 the owner or owners;
14 (3) the name and mailing address of the managing
15 agent of the establishment, whether hired under a
16 management agreement or lease agreement, if the managing
17 agent is different from the owner or owners;
18 (4) the name and address of at least one natural
19 person who is authorized to accept service on behalf of
20 the owners and managing agent;
21 (5) a statement describing the license status of
22 the establishment and the license status of all providers
23 of health-related or supportive services to a resident
24 under arrangement with the establishment;
25 (6) the duration of the contract;
26 (7) the base rate to be paid by the resident and a
27 description of the services to be provided as part of
28 this rate;
29 (8) a description of any additional services to be
30 provided for an additional fee by the establishment
31 directly or by a third party provider under arrangement
32 with the establishment;
33 (9) the fee schedules outlining the cost of any
34 additional services;
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1 (10) a description of the process through which the
2 contract may be modified, amended, or terminated;
3 (11) a description of the establishment's complaint
4 resolution process available to residents, and notice of
5 the Department toll-free number, and of the availability
6 of the Long Term Care Ombudsman for help with complaints;
7 (12) the name of the resident's designated
8 representative, if any;
9 (13) the resident's obligations in order to
10 maintain residency and receive services, including
11 compliance with the assessment requirements of Section
12 15;
13 (14) the billing and payment procedures and
14 requirements;
15 (15) a statement affirming the resident's freedom
16 to receive services from service providers with whom the
17 establishment does not have a contractual arrangement,
18 which may also disclaim liability on the part of the
19 establishment for those services;
20 (16) a statement that medical assistance under
21 Article V or Article VI of the Illinois Public Aid Code
22 is not available for payment for services provided in an
23 establishment;
24 (17) a statement detailing the admission, risk
25 management, and residency termination criteria and
26 procedures;
27 (18) a statement acknowledging that, by contracting
28 with the assisted living or shared housing
29 establishment, the resident has the rights established in
30 Section 145 of this Act and the right to the discharge
31 procedures established in Sections 80 through 130 of this
32 Act and that these rights are described in the
33 Explanation of Resident Rights prepared by the Department
34 on Aging that is attached to the contract; and
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1 (19) a statement detailing the Department's annual
2 on-site review process including what documents shall be
3 reviewed by the on-site reviewer as defined by rule.
4 Section 145. Resident rights.
5 (a) No resident shall be deprived of any rights,
6 benefits, or privileges guaranteed by law, the Constitution
7 of the State of Illinois, or the Constitution of the United
8 States solely on account of his status as a resident of an
9 establishment.
10 (b) A resident shall be permitted to manage his own
11 financial affairs, to the extent otherwise permitted by law.
12 (c) A resident shall be permitted to retain and use or
13 wear his personal property. The establishment shall provide
14 adequate storage space for the personal property of the
15 resident. The establishment shall provide locked, secure
16 storage for each resident in the resident's room.
17 (d) The establishment shall make reasonable efforts to
18 prevent loss and theft of residents' property. Those efforts
19 shall be appropriate to the needs of the residents of each
20 establishment. The establishment shall develop procedures for
21 investigating complaints concerning theft of residents'
22 property and shall promptly investigate all such complaints.
23 (e) A resident shall be permitted to retain the services
24 of his own personal physician at his own expense or under an
25 individual or group plan of health insurance or under any
26 public or private assistance program providing such coverage.
27 (f) A resident has the right to refuse services and to
28 be advised of the consequences of that refusal. A resident
29 may not be discharged for refusing services, unless the
30 refusal creates or contributes to circumstances otherwise
31 justifying discharge under Sections 80 and 110 of this Act.
32 (g) Every resident and resident's representative shall
33 be permitted to inspect and copy all records pertaining to
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1 the resident kept by the establishment. The establishment
2 may charge a reasonable fee for duplication of a record.
3 (h) A resident shall be permitted respect for privacy
4 and dignity at all times, including during medical and
5 personal care. Every resident's case discussion,
6 consultation, examination, and treatment shall be
7 confidential and shall be conducted discreetly. Persons not
8 directly involved in the resident's care must have the
9 resident's permission to be present.
10 (i) A resident's personal records that are maintained by
11 the establishment shall be confidential, except with the
12 resident's consent, or to the extent necessary to enable the
13 establishment to assess the resident's need for care and
14 services and to provide care and services to the resident.
15 Records shall also be available to the Department when
16 relevant to determining that the resident is receiving
17 appropriate care and services and that the resident's rights
18 are being respected.
19 (j) Neither the facility, nor any entity or individual
20 whose services are contracted or arranged for by the
21 facility, shall use chemical or physical restraints on any
22 resident. "Chemical restraint" and "physical restraint" have
23 the meanings ascribed to them in the Nursing Home Care Act.
24 (k) Every resident shall be permitted unimpeded access
25 to the establishment at any time.
26 (l) Every resident shall be permitted unimpeded,
27 private, and uncensored communication of his choice by mail,
28 telephone, or visitation.
29 (1) The establishment shall ensure that
30 correspondence is conveniently received and mailed and
31 that telephones on which residents can make phone calls
32 in private are reasonably accessible.
33 (2) The establishment shall ensure that residents
34 may have private visits at any hour.
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1 (3) The establishment shall ensure that private
2 space for visits is available and that establishment
3 personnel knock, except in an emergency, before entering
4 any resident's room.
5 (4) Letters shall be delivered to the recipient
6 without examination by establishment personnel.
7 (5) The Long Term Care Ombudsman or ombudsman
8 designee may enter the establishment at any time.
9 Residents may have uncensored, private access to the
10 ombudsman at any time.
11 (m) (1) The Department shall, by rule, provide that any
12 employee or agent of a public agency, any representative of a
13 community legal services program, or any other member of the
14 general public shall be permitted access at reasonable hours
15 to any individual resident of any establishment, but only if
16 there is neither a commercial purpose nor effect to such
17 access and if the purpose is to do any of the following:
18 (i) visit, talk with, and make personal,
19 social, and legal services available to all
20 residents;
21 (ii) inform residents of their rights and
22 entitlements and their corresponding obligations
23 under federal and State laws, by means of
24 educational materials and discussions in groups and
25 with individual residents;
26 (iii) assist residents in asserting their
27 legal rights regarding claims for public assistance,
28 medical assistance, and social security benefits, as
29 well as in all other matters in which residents are
30 aggrieved; assistance may include counseling and
31 litigation; or
32 (iv) engage in other methods of asserting,
33 advising and representing residents so as to extend
34 to them full enjoyment of their rights.
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1 The Department rules may distinguish between assisted
2 living and shared housing establishments in implementing this
3 Section.
4 (2) This Section shall not limit the power of the
5 Department or other public agency otherwise permitted or
6 required by law to enter and inspect an establishment.
7 (3) Notwithstanding item (1) of this subsection,
8 the director of a establishment may refuse access to the
9 establishment to any person if the presence of that
10 person in the establishment would be injurious to the
11 health and safety of a resident or would threaten the
12 security of the property of a resident or the
13 establishment or if the person seeks access to the
14 establishment for commercial purposes. Any person
15 refused access to a establishment may within 10 days
16 request a hearing. The hearing shall be held shall be
17 conducted as prescribed under items (1) and (2) of
18 subsection (b) and subsections (c) and (d) of Section 60
19 of this Act. In the hearing, the burden of proof as to
20 the right of the establishment to refuse access under
21 this Section shall be on the establishment.
22 (n) A resident shall be permitted the free exercise of
23 religion. No religious beliefs or practices or attendance at
24 religious services may be imposed upon or required of any
25 resident.
26 (o) A resident may be discharged from an establishment
27 after he or his representative, if any, gives the director,
28 or an individual designated by the director, written notice
29 of his desire to be discharged. In such cases, upon the
30 resident's discharge, the establishment is relieved from any
31 responsibility for the resident's care, safety, or
32 well-being.
33 (p) A resident shall be permitted to criticize the
34 establishment, and to present grievances on behalf of himself
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1 or others to any person or agency without threat of discharge
2 or reprisal in any form or manner whatsoever. The director
3 shall provide all residents or their representatives with the
4 name, address and telephone number of the appropriate State
5 governmental office where complaints may be lodged.
6 (q) A resident may refuse to perform labor for an
7 establishment.
8 (r) A resident has the right to be free from abuse and
9 neglect.
10 Section 150. Explanation of rights. Each resident and
11 resident's representative shall be given a written
12 explanation, prepared by the Department on Aging, of all the
13 rights enumerated in Section 145 and of the involuntary
14 discharge provisions of this Act. The document shall be
15 given no later than when the residency and service delivery
16 contract is signed and again at least annually thereafter.
17 If the resident or the resident's representative is
18 unable to read English, the statement shall be in a language
19 the individual understands. If a resident is unable to read
20 any written summary, it shall be read to the resident in a
21 language the resident understands.
22 Section 155. Rights to be understood by establishment
23 personnel. The establishment shall ensure that its staff,
24 and any persons whose services are contracted or arranged for
25 by the establishment, is familiar with and observes the
26 rights and responsibilities enumerated in Section 145.
27 Section 160. Notice of permanent closure. An owner of an
28 establishment licensed under this Act shall give 90 days
29 notice prior to voluntarily closing the establishment or
30 prior to closing any part of the establishment if closing the
31 part will require residency termination. The notice shall be
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1 given to the Department, to any resident who must have their
2 residency terminated, the resident's representative, and to a
3 member of the resident's family, where practicable. The
4 notice shall state the proposed date of closing and the
5 reason for closing. The establishment shall offer to assist
6 the resident in securing an alternative placement and shall
7 advise the resident on available alternatives. Where the
8 resident is unable to choose an alternative placement and is
9 not under guardianship, the Department shall be notified of
10 the need for relocation assistance. The establishment shall
11 comply with all applicable laws and rules until the date of
12 closing, including those related to residency termination.
13 Section 165. Record retention. Service delivery
14 contracts and related documents executed by each resident or
15 resident's representative shall be maintained by an
16 establishment subject to this Act from the date of execution
17 until 3 years after the contract is terminated. The
18 establishment shall also maintain and retain records to
19 support compliance with each individual contract and with
20 applicable federal and State rules. The records and
21 supporting documents, as defined by rule, shall be made
22 available for on-site inspection by the Department upon
23 request at any time.
24 Section 170. Powers and duties of the Department.
25 (a) The Department shall conduct an annual unannounced
26 on-site visit at each assisted living and shared housing
27 establishment to determine compliance with applicable
28 licensure requirements and standards. Visits may be
29 conducted without prior notice to the assisted living or
30 shared housing establishment.
31 (b) Upon receipt of information that may indicate the
32 failure of the assisted living or shared housing
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1 establishment or a service provider to comply with a
2 provision of this Act, the Department shall investigate the
3 matter or make appropriate referrals to other government
4 agencies and entities having jurisdiction over the subject
5 matter of the possible violation. The Department may also
6 make referrals to any public or private agency that the
7 Department considers available for appropriate assistance to
8 those involved. The Department may oversee and coordinate the
9 enforcement of State consumer protection policies affecting
10 residents residing in an establishment licensed under this
11 Act.
12 (c) The Department shall establish by rule complaint
13 receipt, investigation, resolution, and involuntary discharge
14 procedures. Resolution procedures shall provide for on-site
15 review and evaluation of an assisted living or shared
16 housing establishment found to be in violation of this Act
17 within a specified period of time based on the gravity and
18 severity of the violation and any pervasive pattern of
19 occurrences of the same or similar violations. The name of
20 the complainant shall not be disclosed during the
21 investigation of any complaint or thereafter unless the
22 complainant consents in writing to the disclosure. If the
23 complaint results in an administrative or judicial
24 proceeding, the name of the complainant shall not be
25 disclosed in the proceeding unless the hearing officer or
26 court determines that continued confidentiality would
27 materially affect the fairness of the proceeding and the
28 complainant receives written notice of this determination.
29 (d) The Director shall establish an Assisted Living and
30 Shared Housing Advisory Board.
31 (e) The Department shall by rule establish penalties and
32 sanctions, which shall include, but not limited to, the
33 creation of a schedule of graduated penalties and sanctions
34 to include closure.
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1 (f) The Department shall by rule establish procedures
2 for disclosure of information to the public, which shall
3 include, but not be limited to, ownership, licensure status,
4 records of license inspections, surveys and evaluations of
5 establishments, complaints filed against an establishment,
6 complaint investigation reports, number of complaints,
7 disposition of substantiated complaints, and disciplinary
8 actions. A complainant's or resident's name shall not be
9 disclosed in any document disclosed pursuant to this
10 subsection.
11 (g) The Department shall, beginning January 1, 2000,
12 promulgate rules necessary for the administration of this
13 Act.
14 (h) The Department may enter into an interdepartmental
15 agreement with the Department on Aging to authorize the
16 Department on Aging, instead of the Department of Public
17 Health, to promulgate rules, license establishments, and
18 otherwise administer the provisions of this Act with respect
19 to shared housing establishments that house only residents
20 who:
21 (1) have no severe, chronic physical illness that
22 carries a substantial possibility of suddenly causing
23 death or permanent physical or mental injury unless the
24 resident receives prompt medical assessment and care; or
25 (2) are mentally and physically able to monitor the
26 signs and symptoms of any severe, chronic physical
27 illness from which they suffer, understand what signs and
28 symptoms should be promptly reported to their physicians
29 or other health care providers, and are mentally and
30 physically capable of making such a prompt report.
31 Section 175. Reports and access to information. The
32 Department may require periodic reports and shall have access
33 to and may reproduce or photocopy at its cost any books,
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1 records or other documents maintained by the establishment to
2 the extent necessary to carry out this Act and shall not
3 divulge or disclose the contents of a resident's record
4 obtained under this Section in violation of this Act.
5 Section 180. Consent to review. A licensee or applicant
6 for a license shall be deemed to have given consent to any
7 authorized officer, employee, or agent of the Department to
8 enter and review the establishment in accordance with this
9 Act, except that entrance to individual rooms shall be made
10 only after the resident or the resident's representative, if
11 either is present, has been told why entry into the room is
12 necessary. Refusal to permit entry or review shall
13 constitute grounds for denial, nonrenewal, or revocation of a
14 license.
15 Section 185. Assisted Living and Shared Housing Advisory
16 Board.
17 (a) The Director shall appoint the Assisted Living and
18 Shared Housing Board, which shall be responsible for
19 advising the Director in all aspects of the administration of
20 the Act.
21 (b) The Board shall be comprised of the following
22 persons:
23 (1) the Director who shall serve as chair, ex
24 officio and nonvoting;
25 (2) one representative each of the Departments of
26 Aging, Public Aid, Human Services, the Office of the
27 State Fire Marshal, and the Illinois Housing Development
28 Authority, all nonvoting members;
29 (3) the State ombudsman or his or her designee;
30 (4) one representative of the Association of Area
31 Agencies on Aging;
32 (5) four members selected from the recommendations
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1 by provider organizations whose membership consist of
2 nursing care, assisted living, or shared housing
3 establishments;
4 (6) one member selected from the recommendations of
5 provider organizations whose membership consists of home
6 health agencies;
7 (7) two residents of assisted living or shared
8 housing establishments;
9 (8) three members selected from the recommendations
10 of consumer organizations which engage solely in advocacy
11 or legal representation on behalf of the senior
12 population;
13 (9) one member who shall be a physician licensed to
14 practice medicine in all its branches;
15 (10) one member who shall be a registered nurse
16 selected from the recommendations of professional nursing
17 associations; and
18 (11) two citizen members with expertise in the area
19 of gerontology research.
20 (c) Members of the Board created by this Act shall be
21 appointed to serve for terms of 3 years. All members shall be
22 appointed no sooner than September 1, 1999 and no later than
23 October 1, 1999. One-third of the Board member's initial
24 terms shall expire in one year; one third in 2 years, and one
25 third in 3 years. A member's term does not expire until a
26 successor is appointed by the Director. Any member
27 appointed to fill a vacancy occurring prior to the expiration
28 of the term for which his or her predecessor was appointed
29 shall be appointed for the remainder of that term. The Board
30 shall meet at the call of the Director. The affirmative vote
31 of 9 members of the Board shall be necessary for Board
32 action. Members of this Board shall receive no compensation
33 for their services, however, resident members shall be
34 reimbursed for their actual expenses.
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1 (d) None of the functions, powers, or duties of the
2 Department with respect to policies regarding licensure and
3 reviews under this Act, including the promulgation of rules
4 necessary for the administration of this Act, shall be
5 exercised by the Department except upon review by the
6 Advisory Board. If the Board, having been asked for its
7 review, fails to advise the Department within 90 days, the
8 rules shall be considered acted upon.
9 (e) If the Department enters into an interdepartmental
10 agreement pursuant to Section 170(h) of this Act, the
11 Directors of the Departments of Public Health and Aging shall
12 make all appointments jointly, the directors of each
13 department shall serve as co-chairs of the Board, ex officio
14 and nonvoting, all references to "the Department" in this
15 Section shall mean both departments, and all references to
16 "the Director" in this section shall mean both directors.
17 Section 190. Civil penalties.
18 (a) The Department may assess a civil penalty not to
19 exceed $5,000 against any establishment subject to this Act
20 for violations of this Act. Each day a violation continues
21 shall be deemed a separate violation.
22 (b) The Department may assess a civil penalty not to
23 exceed $3,000 against any establishment subject to this Act
24 for caring for a resident who exceeds the care needs defined
25 in this Act. This subsection shall take effect with respect
26 to establishments in existence at the time this Act goes into
27 effect, 180 days after the promulgation of rules under this
28 Act. Each day a violation continues shall be deemed a
29 separate violation.
30 (c) 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 195. State and private funding. Nothing in this
2 Act shall:
3 (1) require or authorize the State agency
4 responsible for the administration of the medical
5 assistance program established under Article V and
6 Article VI of the Illinois Public Aid Code to approve,
7 supply, or cover services provided in an assisted living
8 or shared housing establishment;
9 (2) require an agency or a managed care
10 organization to approve, supply, or cover services
11 provided in an assisted living or shared housing
12 establishment; or
13 (3) require any other third party payer to approve,
14 supply or cover medically necessary home care services
15 provided in an assisted living establishment.
16 Section 200. Conversion of sheltered care facilities.
17 (a) Entities licensed as sheltered care facilities under
18 the Nursing Home Care Act may elect to convert their
19 sheltered care license to a license under this Act.
20 (b) Any facility that acts pursuant to this Section
21 shall give every resident of the facility a notice, in a form
22 determined by the Department, stating whether the resident
23 will be allowed to remain in the facility, and if so, on what
24 terms, or will be discharged. The notice shall explain the
25 resident's rights under this Section. The notice shall be
26 given to the resident, and resident's representative, if any,
27 at least 90 days prior to the proposed discharge, or change
28 in conditions of residency. The Department shall, by rule,
29 determine the extent of the assistance the facility and the
30 Department shall give each resident in assuring a safe and
31 orderly move. Department rules shall be consistent with the
32 involuntary discharge provisions of this Act.
33 (c) A facility that is also licensed to provide
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1 intermediate or skilled care to adults shall allow a resident
2 affected by the conversion from sheltered care status to move
3 to the part of the facility still licensed under the Nursing
4 Home Care Act if there are or become beds available in the
5 licensed part of the facility prior to the date specified in
6 the notice of discharge and those beds are not in a part of
7 the facility not appropriate for the resident's needs. In
8 the 6-month period after having been given a notice of
9 discharge, a resident who moves pursuant to this subsection
10 may not be required to pay higher fees to the facility for
11 services he or she was receiving prior to the move.
12 (d) If the resident is not allowed to move to a part of
13 the facility still licensed under the Nursing Home Care Act
14 and the resident remains in the facility, assisted living
15 establishment, or shared housing establishment, the resident
16 may not be required to pay higher fees to the facility or
17 establishment in the 6-month period after having been given a
18 notice of discharge, except for services the resident chooses
19 to receive that were not covered by earlier fees.
20 (e) If the resident moves from the facility pursuant to
21 a notice of discharge requiring the resident to leave within
22 6 months after receiving the notice, the facility shall pay
23 the resident's reasonable relocation expenses and reimburse
24 the resident for any additional living expenses he or she
25 incurs in the 6 months after receiving the notice because of
26 having to move to a more expensive, comparable living
27 arrangement.
28 Section 205. Alzheimer and dementia programs.
29 (a) No resident with Alzheimer's disease or a related
30 disorder, shall be admitted if the resident has a severe,
31 chronic physical illness that carries a substantial
32 possibility of suddenly causing death or permanent physical
33 or mental injury unless the resident receives prompt medical
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1 assessment and care.
2 (b) An establishment that offers to care for persons
3 with Alzheimer's disease and related disorders shall:
4 (1) disclose to the Department and to a potential
5 or actual resident of the establishment information as
6 specified under the Alzheimer's Special Care Disclosure
7 Act;
8 (2) ensure that a resident's representative is
9 designated for the resident;
10 (3) develop and implement policies and procedures
11 that ensure the continued safety of all residents in the
12 establishment including, but not limited to, those who:
13 (A) may wander; and
14 (B) may need supervision and assistance when
15 evacuating the building in an emergency;
16 (C) have disrupted or disturbed sleep
17 patterns.
18 (4) provide coordination of communications with
19 each resident, resident's representative, relatives and
20 other persons identified in the resident's service plan;
21 (5) provide cognitive stimulation and activities to
22 maximize functioning;
23 (6) provide an appropriate number of staff for its
24 resident population, as established by rule;
25 (7) require the director or administrator and
26 direct care staff of assisted living or shared housing
27 establishment to complete sufficient dementia and
28 cognitive deficit training and participate in ongoing
29 training, as specified by rule;
30 (8) develop emergency procedures and staffing
31 patterns to respond to the needs of residents who are not
32 capable of communicating their needs for assistance due
33 to cognitive impairment
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1 Section 210. Application of Act. An establishment
2 licensed under this Act shall obtain and maintain all other
3 licenses, permits, certificates, and other governmental
4 approvals required of it, except that a licensed assisted
5 living or shared housing establishment is exempt from the
6 provisions of the Illinois Health Facilities Planning Act and
7 the Nursing Home Care Act. An establishment licensed under
8 this Act shall comply with the requirements of all local,
9 State, federal, and other applicable laws, rules, and
10 ordinances and the National Fire Protection Association's
11 Life Safety Code Chapter 21 (1985).
12 Section 215. Assisted Living and Shared Housing
13 Regulatory Fund. There is created in the State treasury a
14 special fund to be known as the Assisted Living and Shared
15 Housing Regulatory Fund. All moneys received by the
16 Department under this Act shall be deposited into the Fund.
17 Subject to appropriation, moneys in the Fund shall be used
18 for the administration of this Act. Interest earned on moneys
19 in the Fund shall be deposited into the Fund.
20 Section 220. Report of the Department.
21 (a) The Department on Aging shall conduct a study or
22 contract for the conducting of a study to review the effects
23 of this Act on the availability of housing for seniors. The
24 study shall evaluate whether (i) sufficient housing exists to
25 meet the needs of Illinois seniors for housing, (ii) the
26 services available under this Act meet the needs of Illinois
27 seniors, (iii) the private sector marketplace is an adequate
28 supplier of housing with services for seniors, and (iv) any
29 other consideration the Department deems relevant.
30 (b) The study mandated by subsection (a) shall be
31 completed and its findings and recommendations reported to
32 the General Assembly no later than January 1, 2005.
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1 Section 225. Severability. The provisions of this Act
2 are severable under Section 1.31 of the Statute on Statutes.
3 Section 290. The Illinois Act on the Aging is amended by
4 changing Section 4.04 as follows:
5 (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
6 Sec. 4.04. Long Term Care Ombudsman Program.
7 (a) Long Term Care Ombudsman Program. The Department
8 shall establish a Long Term Care Ombudsman Program, through
9 the Office of State Long Term Care Ombudsman ("the Office"),
10 in accordance with the provisions of the Older Americans Act
11 of 1965, as now or hereafter amended.
12 (b) Definitions. As used in this Section, unless the
13 context requires otherwise:
14 (1) "Access" has the same meaning as in Section
15 1-104 of the Nursing Home Care Act, as now or hereafter
16 amended; that is, it means the right to:
17 (i) Enter any long term care facility or
18 assisted living or shared housing establishment;
19 (ii) Communicate privately and without
20 restriction with any resident who consents to the
21 communication;
22 (iii) Seek consent to communicate privately
23 and without restriction with any resident;
24 (iv) Inspect the clinical and other records of
25 a resident with the express written consent of the
26 resident;
27 (v) Observe all areas of the long term care
28 facility or assisted living or shared housing
29 establishment, except the living area of any
30 resident who protests the observation.
31 (2) "Long Term Care Facility" means any facility as
32 defined by Section 1-113 of the Nursing Home Care Act, as
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1 now or hereafter amended.
2 (2.5) "Assisted living establishment" and "shared
3 housing establishment" have the meanings given those
4 terms in Section 10 of the Assisted Living and Shared
5 Housing Establishment Act.
6 (3) "Ombudsman" means any person employed by the
7 Department to fulfill the requirements of the Office, or
8 any representative of a sub-State long term care
9 ombudsman program; provided that the representative,
10 whether he is paid for or volunteers his ombudsman
11 services, shall be qualified and authorized by the
12 Department to perform the duties of an ombudsman as
13 specified by the Department in rules.
14 (c) Ombudsman; rules. The Office of State Long Term Care
15 Ombudsman shall be composed of at least one full-time
16 ombudsman within the Department and shall include a system of
17 designated sub-State long term care ombudsman programs. Each
18 sub-State program shall be designated by the Department as a
19 subdivision of the Office and any representative of a
20 sub-State program shall be treated as a representative of the
21 Office.
22 The Department shall promulgate administrative rules to
23 establish the responsibilities of the Department and the
24 Office of State Long Term Care Ombudsman. The administrative
25 rules shall include the responsibility of the Office to
26 investigate and resolve complaints made by or on behalf of
27 residents of long term care facilities and assisted living
28 and shared housing establishments relating to actions,
29 inaction, or decisions of providers, or their
30 representatives, of long term care facilities, of assisted
31 living and shared housing establishments, of public agencies,
32 or of social services agencies, which may adversely affect
33 the health, safety, welfare, or rights of such residents, and
34 to represent residents of such facilities and establishments
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1 in appeals of involuntary discharges. When necessary and
2 appropriate, representatives of the Office shall refer
3 complaints to the appropriate regulatory State agency.
4 (d) Access and visitation rights.
5 (1) In accordance with subparagraphs (A) and (E) of
6 paragraph (3) of subsection (c) of Section 1819 and
7 subparagraphs (A) and (E) of paragraph (3) of subsection
8 (c) of Section 1919 of the Social Security Act, as now or
9 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E)
10 and 42 U.S.C. 1396r-3 (c)(3)(A) and (E)), and Section
11 307(a)(12) of the Older Americans Act of 1965, as now or
12 hereafter amended, a long term care facility, assisted
13 living, and shared housing establishment must:
14 (i) permit immediate access to any resident by
15 an ombudsman; and
16 (ii) permit representatives of the Office,
17 with the permission of the resident's legal
18 representative or legal guardian, to examine a
19 resident's clinical and other records, and if a
20 resident is unable to consent to such review, and
21 has no legal guardian, permit representatives of the
22 Office appropriate access, as defined by the
23 Department in administrative rules, to the
24 resident's records.
25 (2) Each long term care facility, assisted living,
26 and shared housing establishment shall display, in
27 multiple, conspicuous public places within the facility
28 accessible to both visitors and patients and in an easily
29 readable format, the address and phone number of the
30 Office, in a manner prescribed by the Office.
31 (e) Immunity. An ombudsman or any other representative
32 of the Office participating in the good faith performance of
33 his or her official duties shall have immunity from any
34 liability (civil, criminal or otherwise) in any proceedings
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1 (civil, criminal or otherwise) brought as a consequence of
2 the performance of his official duties.
3 (f) Business offenses.
4 (1) No person shall:
5 (i) Intentionally prevent, interfere with, or
6 attempt to impede in any way any representative of
7 the Office in the performance of his official duties
8 under this Act and the Older Americans Act of 1965;
9 or
10 (ii) Intentionally retaliate, discriminate
11 against, or effect reprisals against any long term
12 care facility or assisted living or shared housing
13 establishment resident or employee for contacting or
14 providing information to any representative of the
15 Office.
16 (2) A violation of this Section is a business
17 offense, punishable by a fine not to exceed $501.
18 (3) The Director of Aging shall notify the State's
19 Attorney of the county in which the long term care
20 facility or assisted living or shared housing
21 establishment is located, or the Attorney General, of any
22 violations of this Section.
23 (g) Confidentiality of records and identities. No files
24 or records maintained by the Office of State Long Term Care
25 Ombudsman shall be disclosed unless the State Ombudsman or
26 the ombudsman having the authority over the disposition of
27 such files authorizes the disclosure in writing. The
28 ombudsman shall not disclose the identity of any complainant,
29 resident, witness or employee of a long term care provider
30 involved in a complaint or report unless such person or such
31 person's guardian or legal representative consents in writing
32 to the disclosure, or the disclosure is required by court
33 order.
34 (h) Legal representation. The Attorney General shall
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1 provide legal representation to any representative of the
2 Office against whom suit or other legal action is brought in
3 connection with the performance of the representative's
4 official duties, in accordance with the State Employee
5 Indemnification Act "An Act to provide for representation and
6 indemnification in certain civil law suits", approved
7 December 3, 1977, as now or hereafter amended.
8 (i) Treatment by prayer and spiritual means. Nothing in
9 this Act shall be construed to authorize or require the
10 medical supervision, regulation, or control of remedial care
11 or treatment of any resident in a long term care facility
12 operated exclusively by and for members or adherents of any
13 church or religious denomination the tenets and practices of
14 which include reliance solely upon spiritual means through
15 prayer for healing.
16 (Source: P.A. 90-639, eff. 1-1-99.)
17 Section 291. The Illinois Health Facilities Planning Act
18 is amended by changing Section 3 as follows:
19 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
20 Sec. 3. As used in this Act:
21 "Health care facilities" means and includes the following
22 facilities and organizations:
23 1. An ambulatory surgical treatment center required
24 to be licensed pursuant to the Ambulatory Surgical
25 Treatment Center Act;
26 2. An institution, place, building, or agency
27 required to be licensed pursuant to the Hospital
28 Licensing Act;
29 3. Any institution required to be licensed pursuant
30 to the Nursing Home Care Act;
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1 4. Hospitals, nursing homes, ambulatory surgical
2 treatment centers, or kidney disease treatment centers
3 maintained by the State or any department or agency
4 thereof; and
5 5. Kidney disease treatment centers, including a
6 free-standing hemodialysis unit.
7 No federally owned facility shall be subject to the
8 provisions of this Act, nor facilities used solely for
9 healing by prayer or spiritual means.
10 No facility licensed under the Supportive Residences
11 Licensing Act or the Assisted Living and Shared Housing
12 Establishment Act shall be subject to the provisions of this
13 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. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96;
14 90-14, eff. 7-1-97.)
15 Section 292. The State Finance Act is amended by adding
16 Section 5.490 as follows:
17 (30 ILCS 105/5.490 new)
18 Sec. 5.490. The Assisted Living and Shared Housing
19 Regulatory Fund.
20 Section 293. The Alzheimer's Special Care Disclosure Act
21 is amended by changing Section 10 as follows:
22 (210 ILCS 4/10)
23 Sec. 10. Facility defined. As used in this Act,
24 "facility" means a facility licensed or permitted under the
25 Nursing Home Care Act, the Assisted Living and Shared Housing
26 Establishment Act, the Life Care Facility Act, or the
27 Community Living Facilities Licensing Act.
28 (Source: P.A. 90-341, eff. 1-1-98.)
29 Section 294. The Abused and Neglected Long Term Care
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1 Facility Residents Reporting Act is amended by changing
2 Section 4 as follows:
3 (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
4 Sec. 4. Any long term care facility administrator, agent
5 or employee or any physician, hospital, surgeon, dentist,
6 osteopath, chiropractor, podiatrist, Christian Science
7 practitioner, coroner, social worker, social services
8 administrator, registered nurse, law enforcement officer,
9 field personnel of the Illinois Department of Public Aid,
10 field personnel of the Illinois Department of Public Health
11 and County or Municipal Health Departments, personnel of the
12 Department of Human Services (acting as the successor to the
13 Department of Mental Health and Developmental Disabilities or
14 the Department of Public Aid), personnel of the Guardianship
15 and Advocacy Commission, personnel of the State Fire Marshal,
16 local fire department inspectors or other personnel, or
17 personnel of the Illinois Department on Aging, or its
18 subsidiary Agencies on Aging, or employee of a facility
19 licensed under the Assisted Living and Shared Housing
20 Establishment Act, having reasonable cause to believe any
21 resident with whom they have direct contact has been
22 subjected to abuse or neglect shall immediately report or
23 cause a report to be made to the Department. Persons required
24 to make reports or cause reports to be made under this
25 Section include all employees of the State of Illinois who
26 are involved in providing services to residents, including
27 professionals providing medical or rehabilitation services
28 and all other persons having direct contact with residents;
29 and further include all employees of community service
30 agencies who provide services to a resident of a public or
31 private long term care facility outside of that facility. Any
32 long term care surveyor of the Illinois Department of Public
33 Health who has reasonable cause to believe in the course of a
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1 survey that a resident has been abused or neglected and
2 initiates an investigation while on site at the facility
3 shall be exempt from making a report under this Section but
4 the results of any such investigation shall be forwarded to
5 the central register in a manner and form described by the
6 Department.
7 The requirement of this Act shall not relieve any long
8 term care facility administrator, agent or employee of
9 responsibility to report the abuse or neglect of a resident
10 under Section 3-610 of the Nursing Home Care Act.
11 In addition to the above persons required to report
12 suspected resident abuse and neglect, any other person may
13 make a report to the Department, or to any law enforcement
14 officer, if such person has reasonable cause to suspect a
15 resident has been abused or neglected.
16 This Section also applies to residents whose death occurs
17 from suspected abuse or neglect before being found or brought
18 to a hospital.
19 A person required to make reports or cause reports to be
20 made under this Section who fails to comply with the
21 requirements of this Section is guilty of a Class A
22 misdemeanor.
23 (Source: P.A. 89-507, eff. 7-1-97.)
24 Section 295. The Nursing Home Care Act is amended by
25 changing Section 1-113 as follows:
26 (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
27 Sec. 1-113. "Facility" or "long-term care facility"
28 means a private home, institution, building, residence, or
29 any other place, whether operated for profit or not, or a
30 county home for the infirm and chronically ill operated
31 pursuant to Division 5-21 or 5-22 of the Counties Code, or
32 any similar institution operated by a political subdivision
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1 of the State of Illinois, which provides, through its
2 ownership or management, personal care, sheltered care or
3 nursing for 3 or more persons, not related to the applicant
4 or owner by blood or marriage. It includes skilled nursing
5 facilities and intermediate care facilities as those terms
6 are defined in Title XVIII and Title XIX of the Federal
7 Social Security Act. It also includes homes, institutions, or
8 other places operated by or under the authority of the
9 Illinois Department of Veterans' Affairs.
10 "Facility" does not include the following:
11 (1) A home, institution, or other place operated by the
12 federal government or agency thereof, or by the State of
13 Illinois, other than homes, institutions, or other places
14 operated by or under the authority of the Illinois Department
15 of Veterans' Affairs;
16 (2) A hospital, sanitarium, or other institution whose
17 principal activity or business is the diagnosis, care, and
18 treatment of human illness through the maintenance and
19 operation as organized facilities therefor, which is required
20 to be licensed under the Hospital Licensing Act;
21 (3) Any "facility for child care" as defined in the
22 Child Care Act of 1969;
23 (4) Any "Community Living Facility" as defined in the
24 Community Living Facilities Licensing Act;
25 (5) Any "community residential alternative" as defined
26 in the Community Residential Alternatives Licensing Act;
27 (6) Any nursing home or sanatorium operated solely by
28 and for persons who rely exclusively upon treatment by
29 spiritual means through prayer, in accordance with the creed
30 or tenets of any well-recognized church or religious
31 denomination. However, such nursing home or sanatorium shall
32 comply with all local laws and rules relating to sanitation
33 and safety;
34 (7) Any facility licensed by the Department of Human
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1 Services as a community-integrated living arrangement as
2 defined in the Community-Integrated Living Arrangements
3 Licensure and Certification Act;
4 (8) Any "Supportive Residence" licensed under the
5 Supportive Residences Licensing Act; or
6 (9) Any "supportive living facility" in good standing
7 with the demonstration project established under Section
8 5-5.01a of the Illinois Public Aid Code; or.
9 (10) Any assisted living or shared housing establishment
10 licensed under the Assisted Living and Shared Housing
11 Establishment Act.
12 (Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
13 90-14, eff. 7-1-97; 90-763, eff. 8-14-98.)
14 Section 296. The Health Care Worker Background Check Act
15 is amended by changing Section 15 as follows:
16 (225 ILCS 46/15)
17 Sec. 15. Definitions. For the purposes of this Act, the
18 following definitions apply:
19 "Applicant" means an individual seeking employment with a
20 health care employer who has received a bona fide conditional
21 offer of employment.
22 "Conditional offer of employment" means a bona fide offer
23 of employment by a health care employer to an applicant,
24 which is contingent upon the receipt of a report from the
25 Department of State Police indicating that the applicant does
26 not have a record of conviction of any of the criminal
27 offenses enumerated in Section 25.
28 "Direct care" means the provision of nursing care or
29 assistance with meals, dressing, movement, bathing, or other
30 personal needs or maintenance, or general supervision and
31 oversight of the physical and mental well-being of an
32 individual who is incapable of managing his or her person
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1 whether or not a guardian has been appointed for that
2 individual.
3 "Health care employer" means:
4 (1) the owner or licensee of any of the following:
5 (i) a community living facility, as defined in the
6 Community Living Facilities Act;
7 (ii) a life care facility, as defined in the Life
8 Care Facilities Act;
9 (iii) a long-term care facility, as defined in the
10 Nursing Home Care Act;
11 (iv) a home health agency, as defined in the Home
12 Health Agency Licensing Act;
13 (v) a full hospice, as defined in the Hospice
14 Program Licensing Act;
15 (vi) a hospital, as defined in the Hospital
16 Licensing Act;
17 (vii) a community residential alternative, as
18 defined in the Community Residential Alternatives
19 Licensing Act;
20 (viii) a nurse agency, as defined in the Nurse
21 Agency Licensing Act;
22 (ix) a respite care provider, as defined in the
23 Respite Program Act;
24 (x) an establishment licensed under the Assisted
25 Living and shared Housing Establishment Act;
26 (xi) a supportive living program, as defined in the
27 Illinois Public Aid Code;
28 (2) a day training program certified by the Department
29 of Human Services; or
30 (3) a community integrated living arrangement operated
31 by a community mental health and developmental service
32 agency, as defined in the Community-Integrated Living
33 Arrangements Licensing and Certification Act.
34 "Initiate" means the obtaining of the authorization for a
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1 record check from a student, applicant, or employee. The
2 educational entity or health care employer or its designee
3 shall transmit all necessary information and fees to the
4 Illinois State Police within 10 working days after receipt of
5 the authorization.
6 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
7 89-674, eff. 8-14-96; 90-14, eff. 7-1-97; 90-776, eff.
8 1-1-99.)
9 Section 299. Effective date. This Section, Section 10,
10 Section 170, and Section 185 of this Act take effect upon
11 becoming law, the remaining Sections of this Act take effect
12 January 1, 2000.
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1 INDEX
2 Statutes amended in order of appearance
3 New Act
4 20 ILCS 105/4.04 from Ch. 23, par. 6104.04
5 20 ILCS 3960/3 from Ch. 111 1/2, par. 1153
6 30 ILCS 105/5.490 new
7 210 ILCS 4/10
8 210 ILCS 30/4 from Ch. 111 1/2, par. 4164
9 210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113
10 225 ILCS 46/15