Public Act 095-0628
 		





HB1775 Enrolled
LRB095 07137 DRJ 27264 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 Sections 35 and 125 as follows:
 



    (210 ILCS 9/35)



    Sec. 35. Issuance of license. 

    (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:


        (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

    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;


        (2) that the establishment is under the supervision of 
    a full-time
director who is at least 21 years of age and 
    has a high school diploma or equivalent plus either:
            (A) 2 years of management experience or 2 years of 
        experience in positions of progressive responsibility 
        in health care, housing with services, or adult day 
        care or providing similar services to the elderly; or
            (B) 2 years of management experience or 2 years of 
        experience in positions of progressive responsibility 
        in hospitality and training in health care and housing 
        with services management as defined by rule
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;


        (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;


        (4) that direct care staff meet the requirements of the 
    Health Care Worker
Background Check Act;


        (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;


        (6) that the applicant pays all required fees;


        (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.

    In addition to any other requirements set forth in this 
Act, as a condition of licensure under this Act, the director 
of an establishment must participate in at least 20 hours of 
training every 2 years to assist him or her in better meeting 
the needs of the residents of the establishment and manage the 
operation of the establishment.

    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 Section 40.  Each
license shall be 
issued only for the premises and persons named in the

application, and shall not be transferable or assignable.

(Source: P.A. 93-141, eff. 7-10-03.)

 



    (210 ILCS 9/125)



    Sec. 125. Assisted Living and Shared Housing Standards and 
Quality of Life Advisory Board.  

    (a) The Director
Governor shall appoint the Assisted Living 
and Shared Housing
Standards and Quality of Life Advisory Board 
which shall be
responsible for  advising the Director in all 
aspects of the administration of
the Act. The Board shall give 
advice to the Department concerning activities of the assisted 
living ombudsman and all other matters deemed relevant by the 
Director and to the Director concerning the delivery of 
personal care services, the unique needs and concerns of 
seniors residing in housing projects, and all other issues 
affecting the quality of life of residents.

    (b) The Board shall be comprised of the following persons:


        (1) the Director who shall serve as chair, ex  officio 
    and nonvoting;


        (2) the Director of Aging who shall serve as 
    vice-chair, ex officio
and nonvoting;


        (3) one representative each of the Departments of

    Public Health, Healthcare and Family Services
Public Aid, 
    and Human Services, the
Office of
the State Fire Marshal, 
    and the Illinois Housing
Development Authority, and 2 
    representatives of the Department on Aging, all nonvoting 
    members;



        (4) the State Ombudsman or his or her  designee;


        (5) one representative of the Association of Area  
    Agencies on Aging;


        (6) four members selected from the recommendations  by 
    provider
organizations
whose membership consist of  nursing 
    care or assisted living establishments;


        (7) one member selected from the recommendations of 
    provider organizations
whose
membership consists of home 
    health agencies;


        (8) two residents of assisted living or shared housing 
    establishments;


        (9) three members selected from the  recommendations of 
    consumer
organizations
which engage solely in advocacy or 
    legal representation on behalf of  the
senior
population;


        (10) one member who shall be a physician;


        (11) one member who shall be a registered professional 
    nurse selected from
the
recommendations
of professional 
    nursing associations;


        (12) two citizen members with expertise in the area  of 
    gerontology
research or legal research regarding 
    implementation of assisted living
statutes;

        (13) two members representing providers of community 
    care services; and
        (14)  one member representing agencies providing case 
    coordination services.

    (c) Members of the Board appointed under paragraphs (5) 
through (14) of subsection (b) shall be appointed to serve for

terms of 3 years except as otherwise provided in this Section.

All members shall be appointed by January 1, 2001, except that 
the 2 members representing the Department on Aging appointed 
under paragraph (3) of subsection (b) and the members appointed 
under paragraphs (13) and (14) of subsection (b) shall be 
appointed by January 1, 2005.
One third of the  Board members' 
initial terms shall expire in one year;
one third in 2
years, 
and one third in 3 years. Of the 3 members appointed under 
paragraphs (13) and (14) of subsection (b), one shall serve for 
an initial term of one year, one shall serve for an initial 
term of 2 years, and one shall serve for an initial term of 3 
years. A member's term  does not expire until a
successor is

appointed by the Director
Governor.  Any member appointed to 
fill a vacancy occurring
prior to the
expiration of the term 
for which his or her predecessor was appointed shall be

appointed
for the remainder of that term.  The Board shall meet 
at the call of the
Director. The
affirmative vote of  10

members 
of the Board shall be necessary for Board
action. Members
of 
this Board shall receive no  compensation for their services, 
however,
resident members
shall be reimbursed for their actual 
expenses.

    (d) The Board shall be provided copies of all 
administrative rules and
changes to administrative rules for 
review and comment prior to notice being
given to the public.  
If the Board, having been asked for its
review,
fails to advise 
the Department within 90 days, the rules shall be considered

acted upon. 

(Source: P.A. 93-1003, eff. 8-23-04; revised 12-15-05.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.