Public Act 103-0444
 
HB3172 EnrolledLRB103 30461 AWJ 56894 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 Section 75 as follows:
 



    (210 ILCS 9/75)



    Sec. 75. Residency Requirements. 

    (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

appropriate in numbers and with appropriate skill to provide 
such services.

    (b) Only adults may be accepted for residency.

    (c) A person shall not be accepted for residency if:


        (1) the person poses a serious threat to himself or 
    herself or to others;


        (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

    services;


        (3) the person requires total assistance with 2 or 
    more activities of
daily
living;


        (4) the person requires the assistance of more than 
    one paid caregiver at
any given time
with an activity of 
    daily living;


        (5) the person requires more than  minimal assistance 
    in moving to a safe
area in an
emergency;


        (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

    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

    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;


        (7) the person requires intravenous therapy or 
    intravenous feedings
unless self-administered or 
    administered by a qualified, licensed health care

    professional;


        (8) the person requires gastrostomy feedings unless 
    self-administered  or
administered
by a licensed health 
    care professional;


        (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;


        (10) the person requires sterile wound care unless 
    care is
self-administered or
administered by a licensed 
    health care professional;


        (11) (blank); the person requires sliding scale 
    insulin administration unless
self-performed or

    administered by a licensed health care professional;


        (12) the person is a diabetic requiring routine 
    insulin injections unless
the injections
are 
    self-administered or administered by a licensed health 
    care professional;


        (13) the person requires treatment of stage 3 or stage 
    4 decubitus ulcers
or exfoliative
dermatitis;


        (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

    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


        (15) other reasons prescribed by the Department by 
    rule.

    (d) A resident with a condition listed in items (1) 
through  (15)  of
subsection (c) shall have
his or her residency 
terminated.

    (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.

    (f) Subsection (d) of this Section shall not apply to

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.

    (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

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

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 
service needs of these individuals.

    (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

meant to limit a resident's right to
choose his or her health 
care provider.

    (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.

(Source: P.A. 99-143, eff. 7-27-15.)