Public Act 096-0975
 
HB5998 Enrolled LRB096 18382 KTG 33759 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Assisted Living and Shared Housing Act is
amended by changing Sections 10, 20, 30, and 110 as follows:
 
    (210 ILCS 9/10)
    (Text of Section before amendment by P.A. 96-339)
    Sec. 10. Definitions. For purposes of this Act:
    "Activities of daily living" means eating, dressing,
bathing, toileting, transferring, or personal hygiene.
    "Advisory Board" means the Assisted Living and Shared
Housing Standards and Quality of Life Advisory Board.
    "Assisted living establishment" or "establishment" means a
home, building, residence, or any other place where sleeping
accommodations are provided for at least 3 unrelated adults, at
least 80% of whom are 55 years of age or older and where the
following are provided consistent with the purposes of this
Act:
        (1) services consistent with a social model that is
    based on the premise that the resident's unit in assisted
    living and shared housing is his or her own home;
        (2) community-based residential care for persons who
    need assistance with activities of daily living, including
    personal, supportive, and intermittent health-related
    services available 24 hours per day, if needed, to meet the
    scheduled and unscheduled needs of a resident;
        (3) mandatory services, whether provided directly by
    the establishment or by another entity arranged for by the
    establishment, with the consent of the resident or
    resident's representative; and
        (4) a physical environment that is a homelike setting
    that includes the following and such other elements as
    established by the Department in conjunction with the
    Assisted Living and Shared Housing Standards and Quality of
    Life Advisory Board: individual living units each of which
    shall accommodate small kitchen appliances and contain
    private bathing, washing, and toilet facilities, or
    private washing and toilet facilities with a common bathing
    room readily accessible to each resident. Units shall be
    maintained for single occupancy except in cases in which 2
    residents choose to share a unit. Sufficient common space
    shall exist to permit individual and group activities.
    "Assisted living establishment" or "establishment" does
not mean any of the following:
        (1) A home, institution, or similar place operated by
    the federal government or the State of Illinois.
        (2) A long term care facility licensed under the
    Nursing Home Care Act. However, a long term care facility
    may convert distinct parts of the facility to assisted
    living. If the long term care facility elects to do so, the
    facility shall retain the Certificate of Need for its
    nursing and sheltered care beds that were converted.
        (3) A hospital, sanitarium, or other institution, the
    principal activity or business of which is the diagnosis,
    care, and treatment of human illness and that is required
    to be licensed under the Hospital Licensing Act.
        (4) A facility for child care as defined in the Child
    Care Act of 1969.
        (5) A community living facility as defined in the
    Community Living Facilities Licensing Act.
        (6) A nursing home or sanitarium operated solely by and
    for persons who rely exclusively upon treatment by
    spiritual means through prayer in accordance with the creed
    or tenants of a well-recognized church or religious
    denomination.
        (7) A facility licensed by the Department of Human
    Services as a community-integrated living arrangement as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act.
        (8) A supportive residence licensed under the
    Supportive Residences Licensing Act.
        (9) The portion of a life care facility as defined in
    the Life Care Facilities Act not licensed as an assisted
    living establishment under this Act; a life care facility
    may apply under this Act to convert sections of the
    community to assisted living.
        (10) A free-standing hospice facility licensed under
    the Hospice Program Licensing Act.
        (11) A shared housing establishment.
        (12) A supportive living facility as described in
    Section 5-5.01a of the Illinois Public Aid Code.
    "Department" means the Department of Public Health.
    "Director" means the Director of Public Health.
    "Emergency situation" means imminent danger of death or
serious physical harm to a resident of an establishment.
    "License" means any of the following types of licenses
issued to an applicant or licensee by the Department:
        (1) "Probationary license" means a license issued to an
    applicant or licensee that has not held a license under
    this Act prior to its application or pursuant to a license
    transfer in accordance with Section 50 of this Act.
        (2) "Regular license" means a license issued by the
    Department to an applicant or licensee that is in
    substantial compliance with this Act and any rules
    promulgated under this Act.
    "Licensee" means a person, agency, association,
corporation, partnership, or organization that has been issued
a license to operate an assisted living or shared housing
establishment.
    "Licensed health care professional" means a registered
professional nurse, an advanced practice nurse, a physician
assistant, and a licensed practical nurse.
    "Mandatory services" include the following:
        (1) 3 meals per day available to the residents prepared
    by the establishment or an outside contractor;
        (2) housekeeping services including, but not limited
    to, vacuuming, dusting, and cleaning the resident's unit;
        (3) personal laundry and linen services available to
    the residents provided or arranged for by the
    establishment;
        (4) security provided 24 hours each day including, but
    not limited to, locked entrances or building or contract
    security personnel;
        (5) an emergency communication response system, which
    is a procedure in place 24 hours each day by which a
    resident can notify building management, an emergency
    response vendor, or others able to respond to his or her
    need for assistance; and
        (6) assistance with activities of daily living as
    required by each resident.
    "Negotiated risk" is the process by which a resident, or
his or her representative, may formally negotiate with
providers what risks each are willing and unwilling to assume
in service provision and the resident's living environment. The
provider assures that the resident and the resident's
representative, if any, are informed of the risks of these
decisions and of the potential consequences of assuming these
risks.
    "Owner" means the individual, partnership, corporation,
association, or other person who owns an assisted living or
shared housing establishment. In the event an assisted living
or shared housing establishment is operated by a person who
leases or manages the physical plant, which is owned by another
person, "owner" means the person who operates the assisted
living or shared housing establishment, except that if the
person who owns the physical plant is an affiliate of the
person who operates the assisted living or shared housing
establishment and has significant control over the day to day
operations of the assisted living or shared housing
establishment, the person who owns the physical plant shall
incur jointly and severally with the owner all liabilities
imposed on an owner under this Act.
    "Physician" means a person licensed under the Medical
Practice Act of 1987 to practice medicine in all of its
branches.
    "Resident" means a person residing in an assisted living or
shared housing establishment.
    "Resident's representative" means a person, other than the
owner, agent, or employee of an establishment or of the health
care provider unless related to the resident, designated in
writing by a resident to be his or her representative. This
designation may be accomplished through the Illinois Power of
Attorney Act, pursuant to the guardianship process under the
Probate Act of 1975, or pursuant to an executed designation of
representative form specified by the Department.
    "Self" means the individual or the individual's designated
representative.
    "Shared housing establishment" or "establishment" means a
publicly or privately operated free-standing residence for 16
or fewer persons, at least 80% of whom are 55 years of age or
older and who are unrelated to the owners and one manager of
the residence, where the following are provided:
        (1) services consistent with a social model that is
    based on the premise that the resident's unit is his or her
    own home;
        (2) community-based residential care for persons who
    need assistance with activities of daily living, including
    housing and personal, supportive, and intermittent
    health-related services available 24 hours per day, if
    needed, to meet the scheduled and unscheduled needs of a
    resident; and
        (3) mandatory services, whether provided directly by
    the establishment or by another entity arranged for by the
    establishment, with the consent of the resident or the
    resident's representative.
    "Shared housing establishment" or "establishment" does not
mean any of the following:
        (1) A home, institution, or similar place operated by
    the federal government or the State of Illinois.
        (2) A long term care facility licensed under the
    Nursing Home Care Act. A long term care facility may,
    however, convert sections of the facility to assisted
    living. If the long term care facility elects to do so, the
    facility shall retain the Certificate of Need for its
    nursing beds that were converted.
        (3) A hospital, sanitarium, or other institution, the
    principal activity or business of which is the diagnosis,
    care, and treatment of human illness and that is required
    to be licensed under the Hospital Licensing Act.
        (4) A facility for child care as defined in the Child
    Care Act of 1969.
        (5) A community living facility as defined in the
    Community Living Facilities Licensing Act.
        (6) A nursing home or sanitarium operated solely by and
    for persons who rely exclusively upon treatment by
    spiritual means through prayer in accordance with the creed
    or tenants of a well-recognized church or religious
    denomination.
        (7) A facility licensed by the Department of Human
    Services as a community-integrated living arrangement as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act.
        (8) A supportive residence licensed under the
    Supportive Residences Licensing Act.
        (9) A life care facility as defined in the Life Care
    Facilities Act; a life care facility may apply under this
    Act to convert sections of the community to assisted
    living.
        (10) A free-standing hospice facility licensed under
    the Hospice Program Licensing Act.
        (11) An assisted living establishment.
        (12) A supportive living facility as described in
    Section 5-5.01a of the Illinois Public Aid Code.
    "Total assistance" means that staff or another individual
performs the entire activity of daily living without
participation by the resident.
(Source: P.A. 95-216, eff. 8-16-07.)
 
    (Text of Section after amendment by P.A. 96-339)
    Sec. 10. Definitions. For purposes of this Act:
    "Activities of daily living" means eating, dressing,
bathing, toileting, transferring, or personal hygiene.
    "Advisory Board" means the Assisted Living and Shared
Housing Standards and Quality of Life Advisory Board.
    "Assisted living establishment" or "establishment" means a
home, building, residence, or any other place where sleeping
accommodations are provided for at least 3 unrelated adults, at
least 80% of whom are 55 years of age or older and where the
following are provided consistent with the purposes of this
Act:
        (1) services consistent with a social model that is
    based on the premise that the resident's unit in assisted
    living and shared housing is his or her own home;
        (2) community-based residential care for persons who
    need assistance with activities of daily living, including
    personal, supportive, and intermittent health-related
    services available 24 hours per day, if needed, to meet the
    scheduled and unscheduled needs of a resident;
        (3) mandatory services, whether provided directly by
    the establishment or by another entity arranged for by the
    establishment, with the consent of the resident or
    resident's representative; and
        (4) a physical environment that is a homelike setting
    that includes the following and such other elements as
    established by the Department in conjunction with the
    Assisted Living and Shared Housing Standards and Quality of
    Life Advisory Board: individual living units each of which
    shall accommodate small kitchen appliances and contain
    private bathing, washing, and toilet facilities, or
    private washing and toilet facilities with a common bathing
    room readily accessible to each resident. Units shall be
    maintained for single occupancy except in cases in which 2
    residents choose to share a unit. Sufficient common space
    shall exist to permit individual and group activities.
    "Assisted living establishment" or "establishment" does
not mean any of the following:
        (1) A home, institution, or similar place operated by
    the federal government or the State of Illinois.
        (2) A long term care facility licensed under the
    Nursing Home Care Act or a facility licensed under the
    MR/DD Community Care Act. However, a facility licensed
    under either of those Acts may convert distinct parts of
    the facility to assisted living. If the facility elects to
    do so, the facility shall retain the Certificate of Need
    for its nursing and sheltered care beds that were
    converted.
        (3) A hospital, sanitarium, or other institution, the
    principal activity or business of which is the diagnosis,
    care, and treatment of human illness and that is required
    to be licensed under the Hospital Licensing Act.
        (4) A facility for child care as defined in the Child
    Care Act of 1969.
        (5) A community living facility as defined in the
    Community Living Facilities Licensing Act.
        (6) A nursing home or sanitarium operated solely by and
    for persons who rely exclusively upon treatment by
    spiritual means through prayer in accordance with the creed
    or tenants of a well-recognized church or religious
    denomination.
        (7) A facility licensed by the Department of Human
    Services as a community-integrated living arrangement as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act.
        (8) A supportive residence licensed under the
    Supportive Residences Licensing Act.
        (9) The portion of a life care facility as defined in
    the Life Care Facilities Act not licensed as an assisted
    living establishment under this Act; a life care facility
    may apply under this Act to convert sections of the
    community to assisted living.
        (10) A free-standing hospice facility licensed under
    the Hospice Program Licensing Act.
        (11) A shared housing establishment.
        (12) A supportive living facility as described in
    Section 5-5.01a of the Illinois Public Aid Code.
    "Department" means the Department of Public Health.
    "Director" means the Director of Public Health.
    "Emergency situation" means imminent danger of death or
serious physical harm to a resident of an establishment.
    "License" means any of the following types of licenses
issued to an applicant or licensee by the Department:
        (1) "Probationary license" means a license issued to an
    applicant or licensee that has not held a license under
    this Act prior to its application or pursuant to a license
    transfer in accordance with Section 50 of this Act.
        (2) "Regular license" means a license issued by the
    Department to an applicant or licensee that is in
    substantial compliance with this Act and any rules
    promulgated under this Act.
    "Licensee" means a person, agency, association,
corporation, partnership, or organization that has been issued
a license to operate an assisted living or shared housing
establishment.
    "Licensed health care professional" means a registered
professional nurse, an advanced practice nurse, a physician
assistant, and a licensed practical nurse.
    "Mandatory services" include the following:
        (1) 3 meals per day available to the residents prepared
    by the establishment or an outside contractor;
        (2) housekeeping services including, but not limited
    to, vacuuming, dusting, and cleaning the resident's unit;
        (3) personal laundry and linen services available to
    the residents provided or arranged for by the
    establishment;
        (4) security provided 24 hours each day including, but
    not limited to, locked entrances or building or contract
    security personnel;
        (5) an emergency communication response system, which
    is a procedure in place 24 hours each day by which a
    resident can notify building management, an emergency
    response vendor, or others able to respond to his or her
    need for assistance; and
        (6) assistance with activities of daily living as
    required by each resident.
    "Negotiated risk" is the process by which a resident, or
his or her representative, may formally negotiate with
providers what risks each are willing and unwilling to assume
in service provision and the resident's living environment. The
provider assures that the resident and the resident's
representative, if any, are informed of the risks of these
decisions and of the potential consequences of assuming these
risks.
    "Owner" means the individual, partnership, corporation,
association, or other person who owns an assisted living or
shared housing establishment. In the event an assisted living
or shared housing establishment is operated by a person who
leases or manages the physical plant, which is owned by another
person, "owner" means the person who operates the assisted
living or shared housing establishment, except that if the
person who owns the physical plant is an affiliate of the
person who operates the assisted living or shared housing
establishment and has significant control over the day to day
operations of the assisted living or shared housing
establishment, the person who owns the physical plant shall
incur jointly and severally with the owner all liabilities
imposed on an owner under this Act.
    "Physician" means a person licensed under the Medical
Practice Act of 1987 to practice medicine in all of its
branches.
    "Resident" means a person residing in an assisted living or
shared housing establishment.
    "Resident's representative" means a person, other than the
owner, agent, or employee of an establishment or of the health
care provider unless related to the resident, designated in
writing by a resident to be his or her representative. This
designation may be accomplished through the Illinois Power of
Attorney Act, pursuant to the guardianship process under the
Probate Act of 1975, or pursuant to an executed designation of
representative form specified by the Department.
    "Self" means the individual or the individual's designated
representative.
    "Shared housing establishment" or "establishment" means a
publicly or privately operated free-standing residence for 16
or fewer persons, at least 80% of whom are 55 years of age or
older and who are unrelated to the owners and one manager of
the residence, where the following are provided:
        (1) services consistent with a social model that is
    based on the premise that the resident's unit is his or her
    own home;
        (2) community-based residential care for persons who
    need assistance with activities of daily living, including
    housing and personal, supportive, and intermittent
    health-related services available 24 hours per day, if
    needed, to meet the scheduled and unscheduled needs of a
    resident; and
        (3) mandatory services, whether provided directly by
    the establishment or by another entity arranged for by the
    establishment, with the consent of the resident or the
    resident's representative.
    "Shared housing establishment" or "establishment" does not
mean any of the following:
        (1) A home, institution, or similar place operated by
    the federal government or the State of Illinois.
        (2) A long term care facility licensed under the
    Nursing Home Care Act or a facility licensed under the
    MR/DD Community Care Act. A facility licensed under either
    of those Acts may, however, convert sections of the
    facility to assisted living. If the facility elects to do
    so, the facility shall retain the Certificate of Need for
    its nursing beds that were converted.
        (3) A hospital, sanitarium, or other institution, the
    principal activity or business of which is the diagnosis,
    care, and treatment of human illness and that is required
    to be licensed under the Hospital Licensing Act.
        (4) A facility for child care as defined in the Child
    Care Act of 1969.
        (5) A community living facility as defined in the
    Community Living Facilities Licensing Act.
        (6) A nursing home or sanitarium operated solely by and
    for persons who rely exclusively upon treatment by
    spiritual means through prayer in accordance with the creed
    or tenants of a well-recognized church or religious
    denomination.
        (7) A facility licensed by the Department of Human
    Services as a community-integrated living arrangement as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act.
        (8) A supportive residence licensed under the
    Supportive Residences Licensing Act.
        (9) A life care facility as defined in the Life Care
    Facilities Act; a life care facility may apply under this
    Act to convert sections of the community to assisted
    living.
        (10) A free-standing hospice facility licensed under
    the Hospice Program Licensing Act.
        (11) An assisted living establishment.
        (12) A supportive living facility as described in
    Section 5-5.01a of the Illinois Public Aid Code.
    "Total assistance" means that staff or another individual
performs the entire activity of daily living without
participation by the resident.
(Source: P.A. 95-216, eff. 8-16-07; 96-339, eff. 7-1-10.)
 
    (210 ILCS 9/20)
    Sec. 20. Construction and operating standards. The
Department, in consultation with the Advisory Board, shall
prescribe minimum standards for establishments. These
standards shall include:
        (1) the location and construction of the
    establishment, including plumbing, heating, lighting,
    ventilation, and other physical conditions which shall
    ensure the health, safety, and comfort of residents and
    their protection from fire hazards; these standards shall
    include, at a minimum, compliance with the residential
    board and care occupancies chapter of the National Fire
    Protection Association's Life Safety Code, local and State
    building codes for the building type, and accessibility
    standards of the Americans with Disabilities Act;
        (2) the number and qualifications of all personnel
    having responsibility for any part of the services provided
    for residents;
        (3) all sanitary conditions within the establishment
    and its surroundings, including water supply, sewage
    disposal, food handling, infection control, and general
    hygiene, which shall ensure the health and comfort of
    residents;
        (4) a program for adequate maintenance of physical
    plant and equipment;
        (5) adequate accommodations, staff, and services for
    the number and types of residents for whom the
    establishment is licensed;
        (6) the development of evacuation and other
    appropriate safety plans for use during weather, health,
    fire, physical plant, environmental, and national defense
    emergencies; and
        (7) the maintenance of minimum financial and other
    resources necessary to meet the standards established
    under this Section and to operate the establishment in
    accordance with this Act.
(Source: P.A. 91-656, eff. 1-1-01.)
 
    (210 ILCS 9/30)
    Sec. 30. Licensing.
    (a) The Department, in consultation with the Advisory
Board, shall establish by rule forms, procedures, and fees for
the annual licensing of assisted living and shared housing
establishments; shall establish and enforce sanctions and
penalties for operating in violation of this Act, as provided
in Section 135 of this Act and rules adopted under Section 110
of this Act. The Department shall conduct an annual on-site
review for each establishment covered by this Act, which shall
include, but not be limited to, compliance with this Act and
rules adopted hereunder, focus on solving resident issues and
concerns, and the quality improvement process implemented by
the establishment to address resident issues. The quality
improvement process implemented by the establishment must
benchmark performance, be customer centered, be data driven,
and focus on resident satisfaction.
    (b) An establishment shall provide the following
information to the Department to be considered for licensure:
        (1) the business name, street address, mailing
    address, and telephone number of the establishment;
        (2) the name and mailing address of the owner or owners
    of the establishment and if the owner or owners are not
    natural persons, identification of the type of business
    entity of the owners, and the names and addresses of the
    officers and members of the governing body, or comparable
    persons for partnerships, limited liability companies, or
    other types of business organizations;
        (3) financial information, content and form to be
    determined by rules which may provide different standards
    for assisted living establishments and shared housing
    establishments, establishing that the project is
    financially feasible;
        (4) the name and mailing address of the managing agent
    of the establishment, whether hired under a management
    agreement or lease agreement, if different from the owner
    or owners, and the name of the full-time director;
        (5) verification that the establishment has entered or
    will enter into a service delivery contract as provided in
    Section 90, as required under this Act, with each resident
    or resident's representative;
        (6) the name and address of at least one natural person
    who shall be responsible for dealing with the Department on
    all matters provided for in this Act, on whom personal
    service of all notices and orders shall be made, and who
    shall be authorized to accept service on behalf of the
    owner or owners and the managing agent. Notwithstanding a
    contrary provision of the Code of Civil Procedure, personal
    service on the person identified pursuant to this
    subsection shall be considered service on the owner or
    owners and the managing agent, and it shall not be a
    defense to any action that personal service was not made on
    each individual or entity;
        (7) the signature of the authorized representative of
    the owner or owners;
        (8) proof of an ongoing quality improvement program in
    accordance with rules adopted by the Department in
    collaboration with the Advisory Board;
        (9) information about the number and types of units,
    the maximum census, and the services to be provided at the
    establishment, proof of compliance with applicable State
    and local residential standards, and a copy of the standard
    contract offered to residents;
        (10) documentation of adequate liability insurance;
    and
        (11) other information necessary to determine the
    identity and qualifications of an applicant or licensee to
    operate an establishment in accordance with this Act as
    required by the Department by rule.
    (c) The information in the statement of ownership shall be
public information and shall be available from the Department.
(Source: P.A. 91-656, eff. 1-1-01.)
 
    (210 ILCS 9/110)
    Sec. 110. Powers and duties of the Department.
    (a) The Department shall conduct an annual unannounced
on-site visit at each assisted living and shared housing
establishment to determine compliance with applicable
licensure requirements and standards. Additional visits may be
conducted without prior notice to the assisted living or shared
housing establishment.
    (b) Upon receipt of information that may indicate the
failure of the assisted living or shared housing establishment
or a service provider to comply with a provision of this Act,
the Department shall investigate the matter or make appropriate
referrals to other government agencies and entities having
jurisdiction over the subject matter of the possible violation.
The Department may also make referrals to any public or private
agency that the Department considers available for appropriate
assistance to those involved. The Department may oversee and
coordinate the enforcement of State consumer protection
policies affecting residents residing in an establishment
licensed under this Act.
    (c) The Department shall establish by rule complaint
receipt, investigation, resolution, and involuntary residency
termination procedures. Resolution procedures shall provide
for on-site review and evaluation of an assisted living or
shared housing establishment found to be in violation of this
Act within a specified period of time based on the gravity and
severity of the violation and any pervasive pattern of
occurrences of the same or similar violations.
    (d) (Blank). The Governor shall establish an Assisted
Living and Shared Housing Standards and Quality of Life
Advisory Board.
    (e) The Department shall by rule establish penalties and
sanctions, which shall include, but need not be limited to, the
creation of a schedule of graduated penalties and sanctions to
include closure.
    (f) The Department shall by rule establish procedures for
disclosure of information to the public, which shall include,
but not be limited to, ownership, licensure status, frequency
of complaints, disposition of substantiated complaints, and
disciplinary actions.
    (g) (Blank).
    (h) Beginning January 1, 2000, the Department shall begin
drafting rules necessary for the administration of this Act.
(Source: P.A. 93-1003, eff. 8-23-04.)
 
    (210 ILCS 9/125 rep.)
    Section 10. The Assisted Living and Shared Housing Act is
amended by repealing Section 125.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/2/2010