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Public Act 096-0990

 

Public Act 0990 96TH GENERAL ASSEMBLY 

  
  
  



 

 		


Public Act 096-0990
 		





SB3035 Enrolled
LRB096 19765 KTG 35465 b





  
    AN ACT concerning regulation. 
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Alzheimer's Special Care Disclosure Act is 
amended  by changing Sections 1, 5, 15, and 20 as follows:
 



    (210 ILCS 4/1)



    Sec. 1. Short title. This Act may be cited as the 
Alzheimer's Disease and Related Dementias Special Care 
Disclosure Act.

(Source: P.A. 90-341, eff. 1-1-98.)

 



    (210 ILCS 4/5)



    Sec. 5. Legislative purpose. This Body finds it to be in 
the public
interest to promote the highest standard of medical 
care currently available to
people suffering from Alzheimer's 
disease and related dementias without restricting the future

implementation of treatment options that may  become available 
through
ongoing research.  It is further in the public interest 
to protect consumers
from
false claims of specialized care of 
Alzheimer's disease and related dementias.
Therefore, the 
General Assembly declares it to be the purpose of this Act to

require health care facilities
offering specialized care in the 
treatment of Alzheimer's disease and related dementias to fully

inform the public regarding the facility and program of care.

(Source: P.A. 90-341, eff. 1-1-98.)

 



    (210 ILCS 4/15)



    Sec. 15. Disclosure requirements. A facility that offers to 
provide care
for persons with Alzheimer's disease and related 
dementias through an Alzheimer's special
care unit or
center 
shall disclose to the State agency responsible for licensing or 
permitting
the
facility and to a potential or actual client of 
the facility or such a client's representative the following

information in writing:


        (1) the form of care or treatment that distinguishes 
    the facility as
suitable
for persons with Alzheimer's 
    disease and related dementias;


        (2) the philosophy of the facility concerning the care 
    or treatment of
persons with Alzheimer's disease and 
    related dementias;


        (3) the facility's pre-admission, admission, and 
    discharge procedures;


        (4) the facility's assessment, care planning, and 
    implementation
guidelines in the care and treatment of 
    persons with Alzheimer's
disease and related dementias;


        (5) the facility's minimum and maximum staffing 
    ratios, specifying the
general licensed health care 
    provider to client ratio and the trainee
health care 
    provider to  client ratio;


        (6) the facility's physical environment;


        (7) activities available to clients at the facility;


        (8) the role of family members in the care of clients 
    at the facility; and


        (9) the costs of care and treatment under the program 
    or at the center.

(Source: P.A. 96-770, eff. 1-1-10.)

 



    (210 ILCS 4/20)



    Sec. 20. 
A facility that offers to provide care for persons 
with
Alzheimer's disease and related dementias through an 
Alzheimer's special care unit or
center shall,
within 180 days 
of the effective date of this Act, provide to the State agency

responsible for licensing or permitting the facility the 
disclosure document
prepared
by a facility
in accordance with 
Section 15.  The State agency shall review the
document for 
accuracy as part of the license or permit renewal requirements

under the appropriate Act.

(Source: P.A. 90-341, eff. 1-1-98.)

 
    Section 10. The Assisted Living and Shared Housing Act is 
amended  by changing Sections 35, 45, and 150 as follows:
 


    (210 ILCS 9/35)



    (Text of Section before amendment by P.A. 96-339)

    Sec. 35. Issuance of license. 

    (a) Upon receipt and review of an application for a license 
and review of
the applicant establishment, the Director  may 
issue a license if he or she
finds:


        (1) that the individual applicant, or the corporation, 
    partnership, or
other entity if the applicant is not an 
    individual, is a person responsible and
suitable to operate 
    or to direct or participate in the operation of an

    establishment by virtue of financial capacity, appropriate 
    business or
professional experience, a record of lawful 
    compliance with lawful orders of
the Department
and lack of 
    revocation of a license issued under this Act or the 
    Nursing Home
Care Act
during the previous 5 years;


        (2) that the establishment is under the supervision of 
    a full-time
director who is at least 21 years of age and 
    has a high school diploma or equivalent plus either:
            (A) 2 years of management experience or 2 years of 
        experience in positions of progressive responsibility 
        in health care, housing with services, or adult day 
        care or providing similar services to the elderly; or
            (B) 2 years of management experience or 2 years of 
        experience in positions of progressive responsibility 
        in hospitality and training in health care and housing 
        with services management as defined by rule;


        (3) that the establishment has staff sufficient in 
    number with
qualifications, adequate skills, education, 
    and experience to meet the 24 hour
scheduled and 
    unscheduled needs of residents and who participate in 
    ongoing
training to serve the resident population;


        (4) that all employees who are subject to the Health 
    Care Worker Background Check Act meet the requirements of 
    that Act;


        (5) that the applicant is in substantial compliance 
    with this Act and such
other requirements for a
license as 
    the Department by rule may establish under this Act;


        (6) that the applicant pays all required fees;


        (7) that the applicant has provided to the Department 
    an accurate
disclosure document in
accordance with the 
    Alzheimer's Disease and Related Dementias Special Care 
    Disclosure Act and in
substantial compliance with Section 
    150 of this Act.

    In addition to any other requirements set forth in this 
Act, as a condition of licensure under this Act, the director 
of an establishment must participate in at least 20 hours of 
training every 2 years to assist him or her in better meeting 
the needs of the residents of the establishment and managing
 
the operation of the establishment.

    Any license issued by the Director shall state the physical 
location of the
establishment, the date the license was issued, 
and the expiration date.  All
licenses shall be valid for one 
year, except as provided in Sections 40 and 45.  Each
license 
shall be issued only for the premises and persons named in the

application, and shall not be transferable or assignable.

(Source: P.A. 95-79, eff. 8-13-07; 95-590, eff. 9-10-07; 
95-628, eff. 9-25-07; 95-876, eff. 8-21-08.)

 
    (Text of Section after amendment by P.A. 96-339)

    Sec. 35. Issuance of license. 

    (a) Upon receipt and review of an application for a license 
and review of
the applicant establishment, the Director  may 
issue a license if he or she
finds:


        (1) that the individual applicant, or the corporation, 
    partnership, or
other entity if the applicant is not an 
    individual, is a person responsible and
suitable to operate 
    or to direct or participate in the operation of an

    establishment by virtue of financial capacity, appropriate 
    business or
professional experience, a record of lawful 
    compliance with lawful orders of
the Department
and lack of 
    revocation of a license issued under this Act, the Nursing 
    Home
Care Act, or the MR/DD Community Care Act
during the 
    previous 5 years;


        (2) that the establishment is under the supervision of 
    a full-time
director who is at least 21 years of age and 
    has a high school diploma or equivalent plus either:
            (A) 2 years of management experience or 2 years of 
        experience in positions of progressive responsibility 
        in health care, housing with services, or adult day 
        care or providing similar services to the elderly; or
            (B) 2 years of management experience or 2 years of 
        experience in positions of progressive responsibility 
        in hospitality and training in health care and housing 
        with services management as defined by rule;


        (3) that the establishment has staff sufficient in 
    number with
qualifications, adequate skills, education, 
    and experience to meet the 24 hour
scheduled and 
    unscheduled needs of residents and who participate in 
    ongoing
training to serve the resident population;


        (4) that all employees who are subject to the Health 
    Care Worker Background Check Act meet the requirements of 
    that Act;


        (5) that the applicant is in substantial compliance 
    with this Act and such
other requirements for a
license as 
    the Department by rule may establish under this Act;


        (6) that the applicant pays all required fees;


        (7) that the applicant has provided to the Department 
    an accurate
disclosure document in
accordance with the 
    Alzheimer's Disease and Related Dementias Special Care 
    Disclosure Act and in
substantial compliance with Section 
    150 of this Act.

    In addition to any other requirements set forth in this 
Act, as a condition of licensure under this Act, the director 
of an establishment must participate in at least 20 hours of 
training every 2 years to assist him or her in better meeting 
the needs of the residents of the establishment and managing
 
the operation of the establishment.

    Any license issued by the Director shall state the physical 
location of the
establishment, the date the license was issued, 
and the expiration date.  All
licenses shall be valid for one 
year, except as provided in Sections 40 and 45.  Each
license 
shall be issued only for the premises and persons named in the

application, and shall not be transferable or assignable.

(Source: P.A. 95-79, eff. 8-13-07; 95-590, eff. 9-10-07; 
95-628, eff. 9-25-07; 95-876, eff. 8-21-08; 96-339, eff. 
7-1-10.)

 



    (210 ILCS 9/45)



    Sec. 45. Renewal of licenses. At least 120 days, but not 
more than 150
days prior to license
expiration, the licensee 
shall submit an application for renewal of the license
in such 
form
and containing such information as the Department 
requires.  If the application
is approved, and if the licensee 
(i) has not committed a Type 1 violation in the preceding 24 
months, (ii) has not committed a Type 2 violation in the 
preceding 24 months, (iii) has not had an inspection, review, 
or evaluation that resulted in a finding of 10 or more Type 3 
violations in the preceding 24 months, and (iv) has not 
admitted or retained a resident in violation of Section 75 of 
this Act in the preceding 24 months, the Department may renew 
the license for an additional period of 2 years. If a licensee 
whose license has been renewed for 2 years under this Section 
subsequently fails to meet any of the conditions set forth in 
items (i), (ii), and (iii), then, in addition to any other 
sanctions that the Department may impose under this Act, the 
Department shall revoke the 2-year license and replace it with 
a one-year license until the licensee again meets all of the 
conditions set forth in items (i), (ii), and (iii). If 
appropriate,
the renewal
application shall not be approved 
unless the applicant has provided to the
Department an
accurate 
disclosure document in accordance with the Alzheimer's Disease 
and Related Dementias Special Care
Disclosure
Act.  If the 
application for renewal is not timely filed, the Department 
shall
so inform the
licensee.

(Source: P.A. 95-590, eff. 9-10-07; 95-876, eff. 8-21-08.)

 



    (210 ILCS 9/150)



    Sec. 150. Alzheimer and dementia programs. 

    (a) In addition to this Section, Alzheimer and
dementia 
programs
shall comply with all of the other
provisions of this 
Act.

    (b) No person shall be admitted or retained if the assisted 
living
or shared housing
establishment cannot provide or secure 
appropriate care, if the resident
requires a
level of service 
or
type of service for which the establishment is not licensed 
or which the
establishment does
not provide, or if the 
establishment does not have the staff appropriate in
numbers 
and with
appropriate skill to provide such services.

    (c) No person shall be accepted for residency or remain in 
residence if the
person's mental or physical condition has so 
deteriorated to render residency
in such a program to be 
detrimental to the health, welfare or safety of the
person or 
of other residents of the establishment.  The Department by rule

shall identify a validated dementia-specific
standard
with

inter-rater reliability
that will be used to assess individual

residents.
The assessment must be approved by the resident's 
physician and shall occur
prior to acceptance for residency, 
annually, and at such time that a change in
the resident's 
condition is identified by a family member, staff of the

establishment, or the resident's physician.

    (d) No person shall be accepted for residency or remain in 
residence if the
person is dangerous to self or others and the 
establishment would be unable to
eliminate the danger through 
the use of appropriate treatment modalities.

    (e) No person shall be accepted for residency or remain in 
residence if the
person meets the criteria provided in 
subsections (b) through (g) of Section 75
of this Act.

    (f) An establishment that offers to provide a special 
program or unit for
persons with
Alzheimer's disease and 
related disorders shall:


        (1) disclose to the Department and to a potential or 
    actual resident of
the establishment
information as 
    specified under the Alzheimer's Disease and Related 
    Dementias Special Care Disclosure Act;


        (2) ensure that a resident's representative is 
    designated for the
resident;


        (3) develop and implement policies and procedures that 
    ensure the
continued safety of all
residents in the 
    establishment including, but not limited to, those who:


            (A) may wander; and


            (B) may need supervision and assistance when 
        evacuating the building in
an emergency;


        (4) provide coordination of communications with each 
    resident, resident's
representative,
relatives and other 
    persons identified in the resident's service plan;


        (5) provide cognitive stimulation and activities to 
    maximize functioning;


        (6) provide an appropriate number of staff for its 
    resident population, as
established by rule;


        (7) require the director or administrator and direct 
    care staff
to complete sufficient comprehensive and 
    ongoing dementia and cognitive deficit
training,
the 
    content of which shall be established by rule; and


        (8) develop emergency procedures and staffing patterns 
    to respond to the
needs of residents.

(Source: P.A. 93-141, eff. 7-10-03.)

 
    Section 15. The Community Living Facilities Licensing Act 
is amended  by changing Section 9 as follows:
 



    (210 ILCS 35/9)  (from Ch. 111 1/2, par. 4189)



    Sec. 9. Regular licenses. 

    (1) A regular license shall be valid for
a one-year period 
from the date of authorization. A license is not
transferable.

    (2) Within 120 to 150 days prior to the date of expiration 
of the license,
the licensee shall apply to the Department for 
renewal of the license. The
procedure for renewing a valid 
license for a Community Living Facility shall
be the same as 
for applying for the initial license, pursuant to subsections

(1) through (4) of Section 7 of this Act. If the Department has 
determined
on the basis of available documentation that the 
Community Living Facility
is in substantial compliance with 
this Act and the rules promulgated under
this Act,
and has 
provided to the Department an accurate disclosure document in

accordance with the Alzheimer's Disease and Related Dementias 
Special Care Disclosure Act,
it shall renew the regular
license 
for another one-year period.

    (3) Whenever ownership of a facility is transferred from 
the licensee to
any other person, agency, association, 
corporation, partnership, or
organization,
the transferree 
must obtain a new probationary license. The transferree
shall 
notify the Department of the transfer and apply for a new 
license
at least 30 days prior to final transfer. The 
requirement for an on-site
inspection in  Section 7 may be 
waived if the Department has conducted a survey
of the 
Community Living Facility within the past 60 days and the 
survey
disclosed substantial compliance with this Act and rules 
and regulations
promulgated hereunder.

(Source: P.A. 90-341, eff. 1-1-98.)

 
    Section 20. The Life Care Facilities Act is amended  by 
changing Section 6 as follows:
 



    (210 ILCS 40/6)  (from Ch. 111 1/2, par. 4160-6)



    Sec. 6. 
Upon receipt of the completed application and 
exhibits and
payment of the fee by the applicant, and proof of 
compliance by the applicant
with the provisions of Section 7, 
the Director shall issue a permit to the
provider, subject to 
the conditions imposed pursuant to Section 7,
allowing the 
provider to enter into life care contracts with respect to
the 
number of living units and facility described in the 
application.

    A permit issued pursuant to this Act shall remain in full 
force, subject
to the provisions of this Act, and shall contain 
in a prominent location
a statement that the issuance of such 
permit neither constitutes approval,
recommendation or 
endorsement by the Department or Director nor evidences
the 
accuracy or completeness of the information furnished to the 
Department.
A permit may be revoked by the Department if the 
facility fails to provide to
the
Department an accurate 
disclosure document in accordance with the
Alzheimer's Disease 
and Related Dementias Special Care Disclosure Act.

    All permits shall be nontransferable.

(Source: P.A. 90-341, eff. 1-1-98.)

 
    Section 25. The Nursing Home Care Act is amended  by 
changing Section 3-115 as follows:
 



    (210 ILCS 45/3-115)  (from Ch. 111 1/2, par. 4153-115)



    Sec. 3-115. License renewal application. At least 120 days 
but not more
than 150 days prior to license
expiration, the 
licensee shall submit an application
for renewal of the license 
in such form and containing such information
as the Department 
requires. If the application is approved, the license
shall be 
renewed in accordance with Section 3-110.
The renewal 
application for a sheltered care or long-term care facility 
shall
not be
approved unless the applicant has provided to the 
Department an accurate
disclosure document in accordance with 
the Alzheimer's Disease and Related Dementias Special Care

Disclosure
Act.
If application for renewal
is not timely filed, 
the Department shall so inform the licensee.

(Source: P.A. 90-341, eff. 1-1-98; 91-215, eff. 7-20-99.)

 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  




Effective Date:  7/2/2010











  

    

      

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