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Public Act 103-0444
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| HB3172 Enrolled | LRB103 30461 AWJ 56894 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Assisted Living and Shared Housing Act is |
amended by changing Section 75 as follows:
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(210 ILCS 9/75)
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Sec. 75. Residency Requirements.
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(a) No individual shall be accepted for residency or |
remain in residence if
the
establishment cannot provide or |
secure appropriate
services, if the individual
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
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appropriate in numbers and with appropriate skill to provide |
such services.
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(b) Only adults may be accepted for residency.
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(c) A person shall not be accepted for residency if:
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(1) the person poses a serious threat to himself or |
herself or to others;
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(2) the person is not able to communicate his or her |
needs and no
resident representative
residing in the |
establishment, and with a prior relationship to the |
person,
has been appointed to direct the provision of
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services;
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(3) the person requires total assistance with 2 or |
more activities of
daily
living;
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(4) the person requires the assistance of more than |
one paid caregiver at
any given time
with an activity of |
daily living;
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(5) the person requires more than minimal assistance |
in moving to a safe
area in an
emergency;
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(6) the person has a severe mental illness, which for |
the purposes of
this Section
means a condition that is |
characterized by the presence of a major mental
disorder
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as classified in the Diagnostic and Statistical Manual of |
Mental Disorders,
Fourth
Edition (DSM-IV) (American |
Psychiatric Association, 1994), where the individual
is a |
person with a substantial disability due to mental illness |
in the areas of
self-maintenance,
social functioning, |
activities of community living and work skills, and the
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disability
specified is expected to be present for a |
period of not less than one year, but
does not
mean |
Alzheimer's disease and other forms of dementia based on |
organic or
physical disorders;
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(7) the person requires intravenous therapy or |
intravenous feedings
unless self-administered or |
administered by a qualified, licensed health care
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professional;
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(8) the person requires gastrostomy feedings unless |
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self-administered or
administered
by a licensed health |
care professional;
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(9) the person requires insertion, sterile irrigation, |
and replacement of
catheter, except
for routine |
maintenance of urinary catheters, unless the catheter care |
is
self-administered or administered by a licensed health |
care professional;
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(10) the person requires sterile wound care unless |
care is
self-administered or
administered by a licensed |
health care professional;
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(11) (blank); the person requires sliding scale |
insulin administration unless
self-performed or
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administered by a licensed health care professional;
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(12) the person is a diabetic requiring routine |
insulin injections unless
the injections
are |
self-administered or administered by a licensed health |
care professional;
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(13) the person requires treatment of stage 3 or stage |
4 decubitus ulcers
or exfoliative
dermatitis;
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(14) the person requires 5 or more skilled nursing |
visits per week for
conditions other
than those listed in |
items (13) and (15) of this subsection for a
period of 3
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consecutive weeks or more except when the course of |
treatment is expected to
extend beyond a 3 week period for |
rehabilitative purposes and is certified as
temporary by a |
physician; or
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(15) other reasons prescribed by the Department by |
rule.
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(d) A resident with a condition listed in items (1) |
through (15) of
subsection (c) shall have
his or her residency |
terminated.
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(e) Residency shall be terminated when services available |
to the resident
in
the establishment
are no longer adequate to |
meet the needs of the resident. This provision shall
not
be |
interpreted as
limiting the authority of the Department to |
require the residency termination
of individuals.
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(f) Subsection (d) of this Section shall not apply to
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terminally
ill residents who
receive or would qualify for |
hospice care and such care is coordinated by
a hospice program |
licensed
under the Hospice
Program
Licensing Act or other |
licensed health care professional employed by a
licensed home |
health
agency and the establishment and all parties agree to |
the continued residency.
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(g) Items (3), (4), (5), and (9) of subsection (c) shall |
not apply to
a quadriplegic, paraplegic, or
individual with |
neuro-muscular diseases, such as muscular dystrophy and
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multiple
sclerosis, or other chronic diseases and conditions |
as defined by rule if the
individual is able
to communicate his |
or her needs and does not require assistance with complex
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medical
problems, and the establishment is able to accommodate |
the individual's needs.
The Department shall prescribe rules |
pursuant to this Section that address
special safety and |
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service needs of these individuals.
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(h) For the purposes of items (7) through (10) of |
subsection (c), a
licensed health care professional may not
be |
employed by the owner or operator of the establishment, its |
parent entity,
or any other entity with ownership common to |
either the owner or operator of
the establishment or parent |
entity, including but not limited to an affiliate
of the owner |
or operator of the establishment. Nothing in this Section is
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meant to limit a resident's right to
choose his or her health |
care provider.
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(i) Subsection (h) is not applicable to residents admitted |
to an assisted living establishment under a life care contract |
as defined in the Life Care Facilities Act if the life care |
facility has both an assisted living establishment and a |
skilled nursing facility. A licensed health care professional |
providing health-related or supportive services at a life care |
assisted living or shared housing establishment must be |
employed by an entity licensed by the Department under the |
Nursing Home Care Act or the Home Health, Home Services, and |
Home Nursing Agency Licensing Act.
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(Source: P.A. 99-143, eff. 7-27-15.)
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