Public Act 099-0822
 
SB2301 EnrolledLRB099 18728 MJP 43112 b



    AN ACT concerning regulation.

 
    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 Disease and Related Dementias Services Act.
 
    Section 5. Purpose. The General Assembly finds that 
oversight of Alzheimer's disease and related dementias 
services is in the best interests of individuals diagnosed with 
Alzheimer's disease or a dementia-related disease and their 
families and friends struggling to find appropriate services 
and care.  As such, it is the intent of the General Assembly 
that all Alzheimer's disease and related dementias services 
shall comply with rules adopted by the Department in compliance 
with this Act.  
 
    Section 10. Definitions. In this Act: 
    "Department" means the Department of Public Health.
    "Director" means the Director of Public Health.

    "Alzheimer's disease and related dementias services" means 
services offered to individuals diagnosed with Alzheimer's 
disease or a  dementia-related disease for the purpose of 
managing the individual's disease.
 
    Section 15. Applicability.  Programs covered by this Act 
include, but are not limited to, health care facilities 
licensed or certified by the Assisted Living and Shared Housing 
Act; Life Care Facilities Act; Nursing Home Care Act; 
Specialized Mental Health Rehabilitation Act of 2013; Home 
Health, Home Services, and Home Nursing Agency Licensing Act; 
Hospice Program Licensing Act; and End Stage Renal Disease 
Facility Act. This Act does not apply to physicians licensed to 
practice medicine in all its branches.
 
    Section 20. Alzheimer's disease and related dementias 
services guidelines.
    (a) The Department shall no later than September 1, 2017 
publish proposed rules to implement this Act.
    (b) The Department shall be granted authority to initiate 
discussions with all affected provider groups, advocate 
organizations, and other individuals and groups identified by 
the Director to be critical to the development of applicable 
rules upon this Act becoming law.

 
    Section 25. Covered services, disclosures, prohibition, 
preemption.    Upon the adoption of rules implementing this Act:
        (1) Any and all Alzheimer's disease or related 
    dementias services shall comply with the Alzheimer's 
    disease and related dementias services guidelines, except 
    as provided in subsection (d).
        (2) Materials defining the philosophy of the services, 
    specific services offered, and behavior management tactics 
    and drug therapies employed shall be provided upon 
    admission or enrollment, or earlier upon request, 
    including a disclaimer that the services are not certified 
    under the Alzheimer's Disease and Related Dementias 
    Special Care Disclosure Act.
        (3) Advertising or verbally offering to provide 
    Alzheimer's disease and related dementias services that 
    are not in compliance with the requirements set forth in 
    this Act is prohibited.
        (4) If a  conflict occurs between this Act and  the 
    Assisted Living and Shared Housing Act, the Nursing Home 
    Care Act, or the Alzheimer's Disease and Related Dementias 
    Special Care Disclosure Act,
then the Assisted Living and 
    Shared Housing Act, the Nursing Home Care Act, or the 
    Alzheimer's Disease and Related Dementias Special Care 
    Disclosure Act shall prevail.
 
    Section 30. Staff training.
    (a) Staff with direct access to clients with Alzheimer's 
disease or a  related dementia hired prior to the adoption of 
rules implementing this Act shall receive a minimum of 6 hours 
of initial training within 90 days after the effective date of 
this Act using Alzheimer's disease and related dementias 
services certified by the Department, except as provided in 
subsection (c).
    (b) Staff with direct access to clients with Alzheimer's 
disease or a related dementia hired after the adoption of rules 
implementing this Act shall complete a minimum of 6 hours of 
initial training in the first 60 days of employment using    an 
Alzheimer's disease and related dementias services curriculum 
certified by the Department, except as provided in subsection 
(c).
    (c) Subsections (a) and (b) shall not apply to the 
following:
        (1) staff who received at least 6 hours of comparable 
    training in compliance with licensure or certified 
    training requirements; and
        (2) staff temporarily hired or temporarily detailed by 
    a facility licensed under the Nursing Home Care Act to 
    permit the facility to meet statutory staffing 
    requirements.
    (d) An Alzheimer's disease and related dementias services 
curriculum certified by the Department must include at a 
minimum the following topics:  understanding dementia, 
effectively communicating with individuals with dementia, 
assisting individuals with dementia in performing activities 
of daily living, problem solving with individuals with dementia 
who exhibit challenging behavior, fundamentals of dementia 
care, safe environments, and managing the activities of 
individuals with dementia.
    (e) An individual who received training consistent with the 
requirements of this Section while employed by another program 
or through an educational institution or an individual with 3 
or more years of experience working with Alzheimer's disease 
and related dementias services may petition the Department for 
a waiver of the initial training requirements set forth in this 
Section.  The Department shall evaluate each request on a case 
by case basis.
    (f) Upon the adoption of rules implementing this Act, staff 
with direct access to clients with dementia shall receive 3 
hours of advanced training on caring for individuals with 
Alzheimer's disease and related dementias each year.
    (g)  Upon the adoption of rules implementing this Act, 
Alzheimer's disease and related dementias services program 
employers shall maintain training records and make them 
available to the Department on request.

 
    Section 35. Program director. Upon the adoption of rules 
implementing this Act, in addition to the training required 
under Section 30 of this Act, the director of an Alzheimer's 
disease and related dementias services program shall complete 
an Alzheimer's disease and related dementias services 
curriculum from a list compiled by the Department or have 5 
years of experience as a director of an Alzheimer's disease and  
related dementias services program.
 
    Section 40. Penalties. 
    (a) Any entity licensed, certified, or regulated by the 
State that knowingly holds itself out as a provider of 
Alzheimer's disease and related dementias services and fails to 
comply with this Act is deemed to have violated the statute or 
statutes governing the  licensure, certification, or regulation 
of the entity and any contract or agreement the entity has with 
the State.
    (b) Any entity not operated by the federal government or 
any agency thereof or individual not covered by subsection (a) 
that knowingly holds himself, herself, or itself out as a 
provider of Alzheimer's disease and related dementias services 
and fails to comply with this Act is guilty of a business 
offense punishable by a fine of at least $1,001.
 
    Section 45. Assessment. Twenty-four months after the 
adoption of rules implementing this Act, the Department shall 
convene a work group made up of experts in Alzheimer's disease 
and related dementias services programming, providers, 
families and caregivers, and other interested parties to assess 
the understanding of and compliance with the Act and rules. The 
work group shall provide the Director and General Assembly with 
recommendations related to this Act and rules. Once the 
recommendations are submitted, the work group shall be 
disbanded.  
 
    Section 90. Repealer. 
    (a) This Act is repealed as provided in subsection (b) of 
this Section unless the General Assembly authorizes an 
extension of the Act for an additional period of 36 months.
    (b) Upon the adoption of rules implementing this Act, the 
Department shall file with the Index Department of the Office 
of the Secretary of State a declaration to that effect, and 
shall notify the Clerk of the House of Representatives, the 
Secretary of the Senate, and the Legislative Reference Bureau 
of the filing of the declaration. This Act is repealed 36 
months after the date specified in the declaration.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.