Public Act 90-0763 of the 90th General Assembly

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Public Act 90-0763

HB3286 Enrolled                                LRB9008395LDbd

    AN ACT to amend the Nursing Home  Care  Act  by  amending
Section 1-113.

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

    Section 5.  The Nursing  Home  Care  Act  is  amended  by
changing Section 1-113 as follows:

    (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
    Sec.  1-113.   "Facility"  or  "long-term  care facility"
means a private home, institution,  building,  residence,  or
any  other  place,  whether  operated for profit or not, or a
county home for  the  infirm  and  chronically  ill  operated
pursuant  to  Division  5-21 or 5-22 of the Counties Code, or
any similar institution operated by a  political  subdivision
of  the  State  of  Illinois,  which  provides,  through  its
ownership  or  management,  personal  care, sheltered care or
nursing for 3 or more persons, not related to  the  applicant
or  owner  by blood or marriage.  It includes skilled nursing
facilities and intermediate care facilities  as  those  terms
are  defined  in  Title  XVIII  and  Title XIX of the Federal
Social Security Act. It also includes homes, institutions, or
other places operated  by  or  under  the  authority  of  the
Illinois Department of Veterans' Affairs.
    "Facility" does not include the following:
    (1)  A  home, institution, or other place operated by the
federal government or agency thereof,  or  by  the  State  of
Illinois,  other  than  homes,  institutions, or other places
operated by or under the authority of the Illinois Department
of Veterans' Affairs;
    (2)  A hospital, sanitarium, or other  institution  whose
principal  activity  or  business is the diagnosis, care, and
treatment  of  human  illness  through  the  maintenance  and
operation as organized facilities therefor, which is required
to be licensed under the Hospital Licensing Act;
    (3)  Any "facility for child  care"  as  defined  in  the
Child Care Act of 1969;
    (4)  Any  "Community  Living  Facility" as defined in the
Community Living Facilities Licensing Act;
    (5)  Any "community residential alternative"  as  defined
in the Community Residential Alternatives Licensing Act;
    (6)  Any  nursing  home  or sanatorium operated solely by
and for  persons  who  rely  exclusively  upon  treatment  by
spiritual  means through prayer, in accordance with the creed
or  tenets  of  any  well-recognized  church   or   religious
denomination.  However, such nursing home or sanatorium shall
comply with all local laws and rules relating  to  sanitation
and safety;
    (7)  Any  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)  Any  "Supportive  Residence"  licensed   under   the
Supportive Residences Licensing Act; or
    (9)  Any  "supportive  living  facility" in good standing
with the  demonstration  project  established  under  Section
5-5.01a of the Illinois Public Aid Code.
(Source:  P.A.  89-499,  eff.  6-28-96;  89-507, eff. 7-1-97;
90-14, eff. 7-1-97.)

    Section 99.  Effective date.  This Act takes effect  July
1, 1998.

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