Public Act 90-0341 of the 90th General Assembly

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Public Act 90-0341

HB1486 Enrolled                                LRB9003987DPmg

    AN ACT to create the Alzheimer's Special Care  Disclosure
Act, amending named Acts.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 1.  Short title.  This Act may be  cited  as  the
Alzheimer's Special Care Disclosure Act.

    Section  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   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.  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  to fully inform the
public regarding the facility and program of care.

    Section 10.  Facility defined.   As  used  in  this  Act,
"facility"  means  a facility licensed or permitted under the
Nursing Home Care Act, the Life Care  Facility  Act,  or  the
Community Living Facilities Licensing Act.

    Section  15.   Disclosure  requirements.  A facility that
offers to provide care for persons with  Alzheimer's  disease
through  an  Alzheimer's  special  care  unit or center shall
disclose to a  State  agency  responsible  for  licensing  or
permitting the facility or to a potential or actual client of
the  facility the following information in writing on request
of the Agency or client:
         (1)  the   form   of   care   or   treatment    that
    distinguishes  the  facility as suitable for persons with
    Alzheimer's disease;
         (2)  the philosophy of the facility  concerning  the
    care or treatment of persons with Alzheimer's disease;
         (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;
         (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.

    Section  20.   A facility that offers to provide care for
persons  with  Alzheimer's  disease  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.

    Section  25.   Penalties.   A  facility  that  violates a
provision of this Act shall be guilty of a business  offense,
subject  to a fine not to exceed $500 for a first offense and
a fine not to  exceed  $1,000  for  a  second  or  subsequent
offense.

    Section  60.   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  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. 82-567.)

    Section  65.   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
Special Care Disclosure Act.
    All permits shall be nontransferable.
(Source: P.A. 82-547.)

    Section 70.  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. 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 for
an  additional one-year period. 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 Special Care Disclosure Act.  If application  for
renewal  is  not timely filed, the Department shall so inform
the licensee.
(Source: P.A. 81-223.)

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