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| Public Act 095-0590 |
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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 Sections 35 and 45 as follows:
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(210 ILCS 9/35)
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Sec. 35. Issuance of license.
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(a) Upon receipt and review of an application for a license | ||||
and review of
the applicant establishment, the Director may | ||||
issue a license if he or she
finds:
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(1) that the individual applicant, or the corporation, | ||||
partnership, or
other entity if the applicant is not an | ||||
individual, is a person responsible and
suitable to operate | ||||
or to direct or participate in the operation of an
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establishment by virtue of financial capacity, appropriate | ||||
business or
professional experience, a record of lawful | ||||
compliance with lawful orders of
the Department
and lack of | ||||
revocation of a license issued under this Act or the | ||||
Nursing Home
Care Act
during the previous 5 years;
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(2) that the establishment is under the supervision of | ||||
a full-time
director who is at least 21 years of age with | ||||
ability, training, and education
appropriate to meet the | ||||
needs of the residents and to manage the operations of
the | ||||
establishment and who participates in ongoing training for | ||
these purposes;
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(3) that the establishment has staff sufficient in | ||
number with
qualifications, adequate skills, education, | ||
and experience to meet the 24 hour
scheduled and | ||
unscheduled needs of residents and who participate in | ||
ongoing
training to serve the resident population;
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(4) that direct care staff meet the requirements of the | ||
Health Care Worker
Background Check Act;
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(5) that the applicant is in substantial compliance | ||
with this Act and such
other requirements for a
license as | ||
the Department by rule may establish under this Act;
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(6) that the applicant pays all required fees;
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(7) that the applicant has provided to the Department | ||
an accurate
disclosure document in
accordance with the | ||
Alzheimer's Special Care Disclosure Act and in
substantial | ||
compliance with Section 150 of this Act.
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Any license issued by the Director shall state the physical | ||
location of the
establishment, the date the license was issued, | ||
and the expiration date. All
licenses shall be valid for one | ||
year, except as provided in Sections
Section 40 and 45. Each
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license shall be issued only for the premises and persons named | ||
in the
application, and shall not be transferable or | ||
assignable.
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(Source: P.A. 93-141, eff. 7-10-03.)
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(210 ILCS 9/45)
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Sec. 45. Renewal of licenses. 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, and if the licensee | ||
(i) has not committed a Type 1 violation in the preceding 24 | ||
months, (ii) has not committed a Type 2 violation in the | ||
preceding 24 months, (iii) has not had an inspection, review, | ||
or evaluation that resulted in a finding of 10 or more Type 3 | ||
violations in the preceding 24 months, and (iv) the licensee | ||
has not admitted or retained a resident in violation of Section | ||
75 of this Act in the preceding 24 months, the Department may | ||
renew the license for an additional period of 2 years. If a | ||
licensee whose license has been renewed for 2 years under this | ||
Section subsequently fails to meet any of the conditions set | ||
forth in items (i), (ii), and (iii), then, in addition to any | ||
other sanctions that the Department may impose under this Act, | ||
the Department shall revoke the 2-year license and replace it | ||
with a one-year license until the licensee again meets all of | ||
the conditions set forth in items (i), (ii), and (iii)
the | ||
license shall be renewed for an additional one-year period. If | ||
appropriate,
the renewal
application 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 the application for renewal is not | ||
timely filed, the Department shall
so inform the
licensee.
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(Source: P.A. 91-656, eff. 1-1-01.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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