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91_HB0427
LRB9101210JSpc
1 AN ACT to create the Assisted Living and Shared Housing
2 Act, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Assisted Living and Shared Housing Act.
7 Section 5. Legislative purpose. The purpose of this Act
8 is to permit the development and availability of assisted
9 living establishments and shared housing establishments based
10 on a social model that promotes the dignity, individuality,
11 privacy, independence, autonomy, and decision-making ability
12 and the right to negotiated risk of those persons; to
13 provide for the health, safety, and welfare of those
14 residents residing in assisted living and shared housing
15 establishments in this State; to promote continuous quality
16 improvement in assisted living; and to encourage the
17 development of innovative and affordable assisted living
18 establishments and shared housing with service
19 establishments for elderly persons of all income levels. It
20 is the public policy of this State that assisted living is
21 an important part of the continuum of long-term care. In
22 support of the goal of aging in place within the parameters
23 established by this Act, assisted living and shared housing
24 establishments shall be operated as residential environments
25 with supportive services designed to meet the individual
26 resident's changing needs and preferences. The residential
27 environment shall be designed to encourage family and
28 community involvement. The services available to residents,
29 either directly or through contracts or agreements, are
30 intended to help residents remain as independent as
31 possible. Assisted living, which promotes resident choice,
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1 autonomy, and decision making, should be based on a contract
2 model designed to result in a negotiated agreement between
3 the resident or the resident's representative and the
4 provider, clearly identifying the services to be provided.
5 This model assumes that residents are able to direct services
6 provided for them and will designate a representative to
7 direct these services if they themselves are unable to do so.
8 This model supports the principle that there is an
9 acceptable balance between consumer protection and
10 resident willingness to accept risk and that most consumers
11 are competent to make their own judgments about the services
12 they are obtaining. Regulation of assisted living
13 establishments and shared housing establishments must be
14 sufficiently flexible to allow residents to age in place
15 within the parameters of this Act. The administration of this
16 Act and services provided must therefore ensure that the
17 residents have the rights and responsibilities to direct the
18 scope of services they receive and to make individual choices
19 based on their needs and preferences. These establishments
20 shall be operated in a manner that provides the least
21 restrictive and most home-like environment and that promotes
22 independence, autonomy, individuality, privacy, dignity, and
23 the right to negotiated risk in residential surroundings. It
24 is not the intent of the State that establishments licensed
25 under this Act be used as half-way houses for alcohol and
26 substance abusers.
27 Section 10. Definitions. For purposes of this Act:
28 "Activities of daily living" means eating, dressing,
29 bathing, toileting, transferring, or personal hygiene.
30 "Advisory Board" means the Assisted Living and Shared
31 Housing Advisory Board.
32 "Assisted living establishment" or "establishment" means
33 a home, building, residence, or any other place where
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1 sleeping accommodations are provided for at least 3 unrelated
2 adults, at least 80% of whom are 55 years of age or older and
3 where the following are provided consistent with the
4 purposes of this Act:
5 (1) services consistent with a social model that is
6 based on the premise that the resident's unit in assisted
7 living and shared housing is his or her own home;
8 (2) community-based residential care for persons
9 who need assistance with activities of daily living,
10 including personal, supportive, and intermittent
11 health-related services available 24 hours per day, if
12 needed, to meet the scheduled and unscheduled needs of a
13 resident;
14 (3) mandatory services, whether provided directly
15 by the establishment or by another entity arranged for by
16 the establishment, with the consent of the resident or
17 resident's representative; and
18 (4) a physical environment that is a homelike
19 setting that includes the following and such other
20 elements as established by the Department in conjunction
21 with the Assisted Living and Shared Housing Advisory
22 Board: individual living units each of which shall
23 accommodate small kitchen appliances and contain private
24 bathing, washing, and toilet facilities, or private
25 washing and toilet facilities with a common bathing room
26 readily accessible to each resident. Units shall be
27 maintained for single occupancy except in cases in which
28 2 residents choose to share a unit. Sufficient common
29 space shall exist to permit individual and group
30 activities.
31 "Assisted living establishment" or "establishment" does
32 not mean any of the following:
33 (1) A home, institution, or similar place operated
34 by the federal government or the State of Illinois.
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1 (2) A long-term care facility licensed under the
2 Nursing Home Care Act. However, a long term care facility
3 may convert distinct parts of the facility to assisted
4 living. If the long-term care facility elects to do so,
5 the facility shall retain the Certificate of Need for its
6 nursing beds that were converted.
7 (3) A hospital, sanitarium, or other institution,
8 the principal activity or business of which is the
9 diagnosis, care, and treatment of human illness and that
10 is required to be licensed under the Hospital Licensing
11 Act.
12 (4) A facility for child care as defined in the
13 Child Care Act of 1969.
14 (5) A community living facility as defined in the
15 Community Living Facilities Licensing Act.
16 (6) A nursing home or sanitarium operated solely by
17 and for persons who rely exclusively upon treatment by
18 spiritual means through prayer in accordance with the
19 creed or tenants of a well-recognized church or religious
20 denomination.
21 (7) A facility licensed by the Department of Human
22 Services as a community-integrated living arrangement as
23 defined in the Community-Integrated Living Arrangements
24 Licensure and Certification Act.
25 (8) A supportive residence licensed under the
26 Supportive Residences Licensing Act.
27 (9) A life care facility as defined in the Life
28 Care Facilities Act; a life care facility may apply under
29 this Act to convert sections of the community to assisted
30 living.
31 (10) A free-standing hospice facility.
32 (11) A shared housing establishment.
33 (12) A supportive living facility as described in
34 Section 5-5.0la of the Illinois Public Aid Code.
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1 "Department" means the Department on Aging.
2 "Director" means the Director of Aging.
3 "Emergency situation" means imminent danger of death or
4 serious physical or mental harm to a resident of an
5 establishment.
6 "License" means any of the following types of licenses
7 issued to an applicant or licensee by the Department:
8 (1) "Probationary license" means a license issued
9 to an applicant or licensee that has not held a license
10 under this Act prior to its application.
11 (2) "Regular license" means a license issued by the
12 Department to an applicant or licensee that is in
13 substantial compliance with this Act and any rules
14 promulgated under this Act.
15 "Licensee" means a person, agency, association,
16 corporation, partnership, or organization that has been
17 issued a license to operate an assisted living or shared
18 housing establishment.
19 "Mandatory services" include the following:
20 (1) 3 meals per day available to the residents
21 prepared by the establishment or an outside contractor;
22 (2) housekeeping services including, but not
23 limited to, vacuuming, dusting, and cleaning the
24 resident's unit;
25 (3) personal laundry and linen services available
26 to the residents provided or arranged for by the
27 establishment;
28 (4) security provided 24 hours each day including,
29 but not limited to, locked entrances or building or
30 contract security personnel;
31 (5) an emergency communication response system,
32 which is a procedure in place 24 hours each day by which
33 a resident can notify building management, an emergency
34 response vendor, or others able to respond to his or her
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1 need for assistance; and
2 (6) assistance with activities of daily living as
3 required by each resident.
4 "Negotiated risk" is the process by which a resident, or
5 his or her representative, may formally negotiate with
6 providers what risks each are willing and unwilling to assume
7 in service provision and the resident's living environment.
8 The provider assures that the resident and the resident's
9 representative, if any, are informed of the risks of these
10 decisions and of the potential consequences of assuming these
11 risks.
12 "Owner" means the individual, partnership, corporation,
13 association, or other person who owns an assisted living or
14 shared housing establishment. In the event an assisted
15 living or shared housing establishment is operated by a
16 person who leases or manages the physical plant, which is
17 owned by another person, "owner" means the person who
18 operates the assisted living or shared housing establishment,
19 except that if the person who owns the physical plant is an
20 affiliate of the person who operates the assisted living or
21 shared housing establishment and has significant control over
22 the day to day operations of the assisted living or shared
23 housing establishment, the person who owns the physical plant
24 shall incur jointly and severally with the owner all
25 liabilities imposed on an owner under this Act.
26 "Physician" means a person licensed under the Medical
27 Practice Act of 1987 to practice medicine in all of its
28 branches.
29 "Resident" means a person residing in an assisted living
30 or shared housing establishment.
31 "Resident's representative" means a person, other than
32 the owner, agent, or employee of an establishment or of the
33 health care provider unless related to the resident,
34 designated in writing by a resident to be his or her
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1 representative or the resident's guardian, who is available
2 and agrees to participate in directing the services to be
3 provided to the resident.
4 "Self" means the individual or the individual's
5 designated representative.
6 "Shared housing establishment" or "establishment" means a
7 publicly or privately operated free standing residence for
8 12 or fewer persons, at least 80% of whom are 55 years of age
9 or older and who are unrelated to the owners and one manager
10 of the residence, where the following are provided:
11 (1) services consistent with a social model that is
12 based on the premise that the resident's unit is his or
13 her own home;
14 (2) community-based residential care for persons
15 who need assistance with activities of daily living,
16 including housing and personal, supportive, and
17 intermittent health-related services available 24 hours
18 per day, if needed, to meet the scheduled and unscheduled
19 needs of a resident; and
20 (3) mandatory services, whether provided directly
21 by the establishment or by another entity arranged for by
22 the establishment, with the consent of the resident or
23 the resident's representative.
24 "Shared housing establishment" or "establishment" does
25 not mean any of the following:
26 (1) A home, institution, or similar place operated
27 by the federal government or the State of Illinois.
28 (2) A long-term care facility licensed under the
29 Nursing Home Care Act. A long term care facility may,
30 however, convert sections of the facility to assisted
31 living. If the long-term care facility elects to do so,
32 the facility shall retain the Certificate of Need for its
33 nursing beds that were converted.
34 (3) A hospital, sanitarium, or other institution,
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1 the principal activity or business of which is the
2 diagnosis, care, and treatment of human illness and that
3 is required to be licensed under the Hospital Licensing
4 Act.
5 (4) A facility for child care as defined in the
6 Child Care Act of 1969.
7 (5) A community living facility as defined in the
8 Community Living Facilities Licensing Act.
9 (6) A nursing home or sanitarium operated solely by
10 and for persons who rely exclusively upon treatment by
11 spiritual means through prayer in accordance with the
12 creed or tenants of a well-recognized church or religious
13 denomination.
14 (7) A facility licensed by the Department of Human
15 Services as a community-intergrated living arrangement as
16 defined in the Community-Integrated Living Arrangements
17 Licensure and Certification Act.
18 (8) A supportive residence licensed under the
19 Supportive Residences Licensing Act.
20 (9) A life care facility as defined in the Life
21 Care Facilities Act; a life care facility may apply under
22 this Act to convert sections of the community to assisted
23 living.
24 (10) A free-standing hospice facility.
25 (11) An assisted living establishment.
26 (12) A supportive living facility as described in
27 Section 5-5.01a of the Illinois Public Aid Code.
28 "Total assistance" means that staff or another individual
29 performs the entire activity of daily living without
30 participation by the resident.
31 Section 15. Assessment and service plan requirements.
32 Prior to admission to any establishment covered by this Act,
33 a comprehensive assessment that includes an evaluation of the
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1 prospective resident's physical, cognitive, and psychosocial
2 condition shall be completed. At least annually, a
3 comprehensive assessment shall be completed, and upon
4 identification of a significant change in the resident's
5 condition, the resident shall be reassessed. The
6 comprehensive assessment shall be completed by a physician.
7 Based on the assessment, a written service plan shall be
8 developed and mutually agreed upon by the provider and the
9 resident. The service plan, which shall be reviewed annually,
10 or more often as the resident's condition, preferences, or
11 service needs change, shall serve as a basis for the service
12 delivery contract between the provider and the resident.
13 Based on the assessment, the service plan may provide for the
14 disconnection or removal of any appliance.
15 Section 20. Construction and operating standards. The
16 Department, in consultation with the Advisory Board, shall
17 prescribe minimum standards for establishments. These
18 standards shall include:
19 (1) the location and construction of the
20 establishment, including plumbing, heating, lighting,
21 ventilation, and other physical conditions which shall
22 ensure the health, safety, and comfort of residents and
23 their protection from fire hazards; these standards shall
24 include, at a minimum, compliance with the National Fire
25 Protection Association's Life Safety Code Chapter 21
26 (1985), local and State building codes for the building
27 type, and accessibility standards of the Americans with
28 Disabilities Act;
29 (2) the number and qualifications of all personnel
30 having responsibility for any part of the services
31 provided for residents;
32 (3) all sanitary conditions within the
33 establishment and its surroundings, including water
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1 supply, sewage disposal, food handling, infection
2 control, and general hygiene, which shall ensure the
3 health and comfort of residents;
4 (4) a program for adequate maintenance of physical
5 plant and equipment;
6 (5) adequate accommodations, staff, and services
7 for the number and types of residents for whom the
8 establishment is licensed;
9 (6) the development of evacuation and other
10 appropriate safety plans for use during weather, health,
11 fire, physical plant, environmental, and national defense
12 emergencies; and
13 (7) the maintenance of minimum financial and other
14 resources necessary to meet the standards established
15 under this Section and to operate the establishment in
16 accordance with this Act.
17 Section 25. License requirement. No person may
18 establish, operate, maintain, or offer an establishment as an
19 assisted living establishment or shared housing establishment
20 as defined by the Act within this State unless and until he
21 or she obtains a valid license, which remains unsuspended,
22 unrevoked, and unexpired. No public official or employee may
23 place any person in, or recommend that any person be placed
24 in, or directly or indirectly cause any person to be placed
25 in any establishment that is being operated without a valid
26 license. An entity that operates as an assisted living or
27 shared housing establishment as defined by this Act without a
28 license shall be subject to the provisions, including
29 penalties, of the Nursing Home Care Act. No entity shall use
30 in its name or advertise "assisted living" unless licensed as
31 an assisted living establishment under this Act or as a
32 shelter care facility under the Nursing Home Care Act that
33 also meets the definition of an assisted living establishment
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1 under this Act, except a shared housing establishment
2 licensed under this Act may advertise assisted living
3 services.
4 Section 30. Licensing.
5 (a) The Department, in consultation with the Advisory
6 Board, shall establish by rule forms, procedures, and fees
7 for the annual licensing of assisted living and shared
8 housing establishments; shall establish and enforce sanctions
9 and penalties for operating in violation of this Act, as
10 provided in Section 125 of this Act and rules adopted under
11 Section 105 of this Act. The Department shall conduct an
12 annual on-site review for each establishment covered by this
13 Act, which shall include, but not be limited to, compliance
14 with this Act and rules adopted hereunder, focus on solving
15 resident issues and concerns, and the quality improvement
16 process implemented by the establishment to address resident
17 issues. The quality improvement process implemented by the
18 establishment must benchmark performance; be customer
19 centered; be data driven; and focus on resident satisfaction.
20 (b) An establishment shall provide the following
21 information to the Department to be considered for licensure:
22 (1) the business name, street address, mailing
23 address, and telephone number of the establishment;
24 (2) the name and mailing address of the owner or
25 owners of the establishment and if the owner or owners
26 are not natural persons, identification of the type of
27 business entity of the owners, and the names and
28 addresses of the officers and members of the governing
29 body, or comparable persons for partnerships, limited
30 liability companies, or other types of business
31 organizations;
32 (3) the name and mailing address of the managing
33 agent of the establishment, whether hired under a
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1 management agreement or lease agreement, if different
2 from the owner or owners, and the name of the full-time
3 director;
4 (4) verification that the establishment has
5 entered or will enter into a service delivery contract as
6 provided in Section 90, as required under this Act, with
7 each resident or resident's representative;
8 (5) the name and address of at least one natural
9 person who shall be responsible for dealing with the
10 Department on all matters provided for in this Act, on
11 whom personal service of all notices and orders shall be
12 made, and who shall be authorized to accept service on
13 behalf of the owner or owners and the managing agent.
14 Notwithstanding a contrary provision of the Code of Civil
15 Procedure, personal service on the person identified
16 pursuant to this subsection shall be considered service
17 on the owner or owners and the managing agent, and it
18 shall not be a defense to any action that personal
19 service was not made on each individual or entity;
20 (6) the signature of the authorized representative
21 of the owner or owners;
22 (7) proof of an ongoing quality improvement program
23 in accordance with rules adopted by the Department in
24 collaboration with the Advisory Board;
25 (8) information about the number and types of
26 units, the maximum census, and the services to be
27 provided at the establishment, proof of compliance with
28 applicable State and local residential standards, and a
29 copy of the standard contract offered to residents;
30 (9) documentation of adequate liability insurance;
31 and
32 (10) other information necessary to determine the
33 identity and qualifications of an applicant or licensee
34 to operate an establishment in accordance with this Act
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1 as required by the Department by rule.
2 (c) The information in the statement of ownership shall
3 be public information and shall be available from the
4 Department.
5 Section 35. Issuance of license.
6 (a) Upon receipt and review of an application for a
7 license and review of the applicant establishment, the
8 Director may issue a license if he or she finds:
9 (1) that the individual applicant, or the
10 corporation, partnership, or other entity if the
11 applicant is not an individual, is a person responsible
12 and suitable to operate or to direct or participate in
13 the operation of an establishment by virtue of financial
14 capacity, appropriate business or professional
15 experience, a record of lawful compliance with lawful
16 orders of the Department and lack of revocation of a
17 license issued under this Act or the Nursing Home Care
18 Act during the previous 5 years;
19 (2) that the establishment is under the supervision
20 of a full-time director who is at least 21 years of age
21 with ability, training, and education appropriate to meet
22 the needs of the residents and to manage the operations
23 of the establishment and who participates in ongoing
24 training for these purposes;
25 (3) that the establishment has staff sufficient in
26 number with qualifications, adequate skills, education,
27 and experience to meet the 24 hour scheduled and
28 unscheduled needs of residents and who participate in
29 ongoing training to serve the resident population;
30 (4) that direct care staff meet the requirements of
31 the Health Care Worker Background Check Act;
32 (5) that the applicant is in substantial compliance
33 with this Act and such other requirements for a license
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1 as the Department by rule may establish under this Act;
2 (6) that the applicant pays all required fees;
3 (7) that the applicant has provided to the
4 Department an accurate disclosure document in accordance
5 with the Alzheimer's Special Care Disclosure Act.
6 Any license issued by the Director shall state the
7 physical location of the establishment, the date the license
8 was issued, and the expiration date. All licenses shall be
9 valid for one year, except as provided in Section 40. Each
10 license shall be issued only for the premises and persons
11 named in the application, and shall not be transferable or
12 assignable.
13 Section 40. Probationary licenses. If the applicant
14 has not been previously licensed under this Act or if the
15 establishment is not in operation at the time the application
16 is made, the Department may issue a probationary license. A
17 probationary license shall be valid for 120 days unless
18 sooner suspended or revoked. Within 30 days prior to the
19 termination of a probationary license, the Department shall
20 fully and completely review the establishment and, if the
21 establishment meets the applicable requirements for
22 licensure, shall issue a license. If the Department finds
23 that the establishment does not meet the requirements for
24 licensure, but has made substantial progress toward meeting
25 those requirements, the license may be renewed once for a
26 period not to exceed 120 days from the expiration date of the
27 initial probationary license.
28 Section 45. Renewal of licenses. At least 120 days,
29 but not more than 150 days prior to license expiration, the
30 licensee shall submit an application for renewal of the
31 license in such form and containing such information as the
32 Department requires. If the application is approved, the
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1 license shall be renewed for an additional one year period.
2 If appropriate, the renewal application shall not be approved
3 unless the applicant has provided to the Department an
4 accurate disclosure document in accordance with the
5 Alzheimer's Special Care Disclosure Act. If the application
6 for renewal is not timely filed, the Department shall so
7 inform the licensee.
8 Section 50. Transfer of ownership.
9 (a) Whenever ownership of an establishment is
10 transferred from the person named in the license to any other
11 person, the transferee must obtain a new probationary
12 license. The transferee shall notify the Department of the
13 transfer and apply for a new license at least 30 days prior
14 to final transfer.
15 (b) The transferor shall notify the Department at least
16 30 days prior to final transfer. The transferor shall remain
17 responsible for the operation of the establishment until such
18 time as a license is issued to the transferee.
19 Section 55. Grounds for denial of a license. An
20 application for a license may be denied for any of the
21 following reasons:
22 (1) failure to meet any of the standards set forth
23 in this Act or by rules adopted by the Department under
24 this Act;
25 (2) conviction of the applicant, or if the
26 applicant is a firm, partnership, or association, of any
27 of its members, or if a corporation, the conviction of
28 the corporation or any of its officers or stockholders,
29 or of the person designated to manage or supervise the
30 establishment, of a felony or of 2 or more misdemeanors
31 involving moral turpitude, during the previous 5 years as
32 shown by a certified copy of the record of the court of
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1 conviction;
2 (3) personnel insufficient in number or unqualified
3 by training or experience to properly care for the
4 residents;
5 (4) insufficient financial or other resources to
6 operate and conduct the establishment in accordance with
7 standards adopted by the Department under this Act;
8 (5) revocation of the establishment license during
9 the previous 5 years, if such prior license was issued to
10 the individual applicant, a controlling owner or
11 controlling combination of owners of the applicant; or
12 any affiliate of the individual applicant or controlling
13 owner of the applicant and such individual applicant,
14 controlling owner of the applicant or affiliate of the
15 applicant was a controlling owner of the prior license;
16 provided, however, that the denial of an application for
17 a license pursuant to this Section must be supported by
18 evidence that the prior revocation renders the applicant
19 unqualified or incapable of meeting or maintaining an
20 establishment in accordance with the standards and rules
21 adopted by the Department under this Act; or
22 (6) the establishment is not under the direct
23 supervision of a full-time director, as defined by rule.
24 Section 60. Notice of denial; request for hearing;
25 hearing.
26 (a) Immediately upon the denial of any application or
27 reapplication for a license under this Act, the Department
28 shall notify the applicant in writing. Notice of denial
29 shall include a clear and concise statement of the violations
30 of this Act on which the denial is based and notice of the
31 opportunity for a hearing. If the applicant or licensee
32 wishes to contest the denial of a license, it shall provide
33 written notice to the Department of a request for a hearing
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1 within 10 days after receipt of the notice of denial. The
2 Department shall commence a hearing under this Section.
3 (b) A request for a hearing by aggrieved persons shall
4 be taken to the Department as follows:
5 (1) Upon the receipt of a request in writing for a
6 hearing, the Director or a person designated in writing
7 by the Director to act as a hearing officer shall conduct
8 a hearing to review the decision.
9 (2) Before the hearing is held notice of the
10 hearing shall be sent by the Department to the person
11 making the request for the hearing and to the person
12 making the decision which is being reviewed. In the
13 notice the Department shall specify the date, time, and
14 place of the hearing, which shall be held not less than
15 10 days after the notice is mailed or delivered. The
16 notice shall designate the decision being reviewed. The
17 notice may be served by delivering it personally to the
18 parties or their representatives or by mailing it by
19 certified mail to the parties' addresses.
20 (3) The Department shall commence the hearing
21 within 30 days after the receipt of request for hearing.
22 The hearing shall proceed as expeditiously as
23 practicable, but in all cases shall conclude within 90
24 days after commencement.
25 (c) The Director or hearing officer shall permit any
26 party to appear in person and to be represented by counsel at
27 the hearing, at which time the applicant or licensee shall be
28 afforded an opportunity to present all relevant matter in
29 support of his or her position. In the event of the
30 inability of any party or the Department to procure the
31 attendance of witnesses to give testimony or produce books
32 and papers, any party or the Department may take the
33 deposition of witnesses in accordance with the provisions of
34 the laws of this State. All testimony shall be reduced to
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1 writing, and all testimony and other evidence introduced at
2 the hearing shall be a part of the record of the hearing.
3 (d) The Director or hearing officer shall make findings
4 of fact in the hearing, and the Director shall render his or
5 her decision within 30 days after the termination of the
6 hearing, unless additional time not to exceed 90 days is
7 required by him or her for a proper disposition of the
8 matter. When the hearing has been conducted by a hearing
9 officer, the Director shall review the record and findings of
10 fact before rendering a decision. All decisions rendered by
11 the Director shall be binding upon and complied with by the
12 Department, the establishment, or the persons involved in the
13 hearing, as appropriate to each case.
14 Section 65. Revocation, suspension, or refusal to renew
15 license.
16 (a) The Department, after notice to the applicant or
17 licensee, may suspend, revoke, or refuse to renew a license
18 in any case in which the Department finds any of the
19 following:
20 (1) that there has been a substantial failure to
21 comply with this Act or the rules promulgated by the
22 Department under this Act;
23 (2) that there has been a conviction of the
24 licensee, or of the person designated to manage or
25 supervise the establishment, of a felony or of 2 or more
26 misdemeanors involving moral turpitude, during the
27 previous 5 years as shown by a certified copy of the
28 record of the court of conviction;
29 (3) that the personnel is insufficient in number or
30 unqualified by training or experience to properly care
31 for the number and type of residents served by the
32 establishment;
33 (4) that the financial or other resources are
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1 insufficient to conduct and operate the establishment in
2 accordance with standards promulgated by the Department
3 under this Act; or
4 (5) that the establishment is not under the direct
5 supervision of a full-time director, as defined by rule.
6 (b) Notice under this Section shall include a clear and
7 concise statement of the violations on which the nonrenewal
8 or revocation is based, the statute or rule violated, and
9 notice of the opportunity for a hearing under Section 60.
10 (c) If an establishment desires to contest the
11 nonrenewal or revocation of a license, the establishment
12 shall, within 10 days after receipt of notice under
13 subsection (b) of this Section, notify the Department in
14 writing of its request for a hearing under Section 60. Upon
15 receipt of the request the Department shall send notice to
16 the establishment and hold a hearing as provided under
17 Section 60.
18 (d) The effective date of nonrenewal or revocation of a
19 license by the Department shall be any of the following:
20 (1) until otherwise ordered by the circuit court,
21 revocation is effective on the date set by the Department
22 in the notice of revocation, or upon final action after
23 hearing under Section 60, whichever is later;
24 (2) until otherwise ordered by the circuit court,
25 nonrenewal is effective on the date of expiration of any
26 existing license, or upon final action after hearing
27 under Section 60, whichever is later; however, a license
28 shall not be deemed to have expired if the Department
29 fails to timely respond to a timely request for renewal
30 under this Act or for a hearing to contest nonrenewal; or
31 (3) the Department may extend the effective day of
32 license revocation or expiration in any case in order to
33 permit orderly removal and relocation of residents.
34 (e) The Department may refuse to issue or may suspend
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1 the license of any person who fails to file a return, or to
2 pay the tax, penalty or interest shown in a filed return, or
3 to pay any final assessment of tax, penalty or interest, as
4 required by any tax Act administered by the Illinois
5 Department of Revenue, until such time as the requirements of
6 any such tax Act are satisfied.
7 Section 70. Service requirements. An establishment must
8 provide all mandatory services and may provide optional
9 services, including medication reminders, supervision of
10 self-administered medication and medication administration as
11 defined by this Section and non-medical services defined by
12 rule, whether provided directly by the establishment or by
13 another entity arranged for by the establishment with the
14 consent of the resident or the resident's representative.
15 For the purposes of this Section, "medication reminders"
16 means reminding residents to take predispensed,
17 self-administered medication, observing the resident, and
18 reporting whether or not the resident took the medication.
19 For the purpose of this Section, "supervision of
20 self-administered medication" means reminding residents to
21 take medication, reading the medication label to residents,
22 observing residents while they take medication, checking the
23 self-administered dosage against the label of the medication,
24 confirming that residents have obtained and are taking the
25 dosage as prescribed, and documenting in writing that the
26 resident has taken (or refused to take) the medication.
27 Supervision of self-administered medication shall be under
28 the direction of a registered professional nurse, licensed
29 physician's assistant, advanced practice nurse, or physician
30 licensed to practice medicine in all its branches.
31 For the purposes of this Section, medication
32 administration shall refer to a registered professional
33 nurse, licensed physician's assistant, advanced practice
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1 nurse, or physician employed by an establishment engaging in
2 administering routine insulin and vitamin B-12 injections,
3 oral medications, topical treatments, eye and ear drops, or
4 nitroglycerin patches. Non-licensed staff may not administer
5 any medication.
6 The Department shall specify by rule procedures for
7 medication reminders, supervision of self-administered
8 medication, and medication administration.
9 Section 75. Residency Requirements.
10 (a) No individual shall be accepted for residency or
11 remain in residence if the establishment cannot provide or
12 secure appropriate services, if the individual requires a
13 level of service or type of service for which the
14 establishment is not licensed or which the establishment does
15 not provide, or if the establishment does not have the staff
16 appropriate in numbers and with appropriate skill to provide
17 such services.
18 (b) Only adults may be accepted for residency.
19 (c) A person shall not be accepted for residency if:
20 (1) the person poses a serious threat to himself or
21 herself or to others;
22 (2) the person is not able to communicate his or
23 her needs and no representative has been appointed to
24 direct the provision of services;
25 (3) the person requires total assistance with 2 or
26 more activities of daily living;
27 (4) the person requires the assistance of more than
28 one paid caregiver at any given time with an activity of
29 daily living;
30 (5) the person requires more than minimal
31 assistance in moving to a safe area in an emergency;
32 (6) the person has a severe mental illness, which
33 for the purposes of this Section means a condition that
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1 is characterized by the presence of a major mental
2 disorder as classified in the Diagnostic and Statistical
3 Manual of Mental Disorders, Fourth Edition (DSM-IV)
4 (American Psychiatric Association, 1994), where the
5 individual is substantially disabled due to mental
6 illness in the areas of self-maintenance, social
7 functioning, activities of community living and work
8 skills, and the disability specified is expected to be
9 present for a period of not less than one year, but does
10 not mean Alzheimer's disease and other forms of dementia
11 based on organic or physical disorders;
12 (7) the person requires intravenous therapy or
13 intravenous feedings unless self-administered or
14 administered by a licensed health care professional not
15 employed by the establishment;
16 (8) the person requires gastrostomy feedings
17 unless self-administered or administered by a licensed
18 health care professional not employed by the
19 establishment;
20 (9) the person requires insertion, sterile
21 irrigation, and replacement of catheter, except for
22 routine maintenance of urinary catheters, unless the
23 catheter care is self-administered or administered by a
24 licensed health care professional not employed by the
25 establishment;
26 (10) the person requires sterile wound care unless
27 care is self-administered or administered by a licensed
28 health care professional not employed by the
29 establishment;
30 (11) the person requires sliding scale insulin
31 administration unless self-performed or administered by a
32 licensed health care professional not employed by the
33 establishment;
34 (12) the person is a diabetic requiring routine
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1 insulin injections unless the injections are
2 self-administered or administered by a licensed health
3 care professional;
4 (13) the person requires treatment of stage 3 or
5 stage 4 decubitus ulcers or exfoliative dermatitis;
6 (14) the person requires 5 or more skilled nursing
7 visits per week for conditions other than those listed in
8 items (13) through (15) of this subsection for a period
9 of 3 consecutive weeks or more except when the course of
10 treatment is expected to extend beyond a 3 week period
11 for rehabilitative purposes and is certified as temporary
12 by a physician; or
13 (15) other reasons prescribed by the Department by
14 rule.
15 (d) A resident with a condition listed in items (1)
16 through (12) of subsection (c) shall have his or her
17 residency terminated.
18 (e) A resident with a condition listed in items (13)
19 through (15) of subsection (c) may continue to reside in the
20 establishment for a period of 21 days.
21 (f) Residency shall be terminated when services
22 available to the resident in the establishment are no longer
23 adequate to meet the needs of the resident. This provision
24 shall not be interpreted as limiting the authority of the
25 Department to require the residency termination of
26 individuals.
27 (g) Subsections (d) and (e) of this Section shall not
28 apply to terminally ill residents who receive or would
29 qualify for hospice care coordinated by a hospice licensed
30 under the Hospice Program Licensing Act or other licensed
31 health care professional employed by a licensed home health
32 agency and the establishment and all parties agree to the
33 continued residency.
34 (h) Items (3), (4), (5), and (10) of subsection (c)
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1 shall not apply to a quadriplegic, paraplegic, or individual
2 with neuro-muscular diseases, such as muscular dystrophy and
3 multiple sclerosis, or other chronic diseases and conditions
4 as defined by rule if the individual is able to communicate
5 his or her needs and does not require assistance with complex
6 medical problems, and the establishment is able to
7 accommodate the individual's needs.
8 Section 80. Involuntary termination of residency.
9 (a) Residency shall be involuntarily terminated only for
10 the following reasons:
11 (1) as provided in Section 75 of this Act;
12 (2) nonpayment of contracted charges after the
13 resident and the resident's representative have received
14 a minimum of 30-days written notice of the delinquency
15 and the resident or the resident's representative has had
16 at least 15 days to cure the delinquency; or
17 (3) failure to execute a service delivery contract
18 or to substantially comply with its terms and conditions,
19 failure to comply with the assessment requirements
20 contained in Section 15, or failure to substantially
21 comply with the terms and conditions of the lease
22 agreement.
23 (b) A 30 day written notice of residency termination
24 shall be provided to the resident, the resident's
25 representative, or both, which shall include the reason for
26 the pending action, the date of the proposed move, and a
27 notice, the content and form to be set forth by rule, of the
28 resident's right to appeal, the steps that the resident or
29 the resident's representative must take to initiate an
30 appeal, and a statement of the resident's right to continue
31 to reside in the establishment until a decision is rendered.
32 The notice shall include a toll free telephone number to
33 initiate an appeal and a written hearing request form,
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1 together with a postage paid, pre-addressed envelope to the
2 Department. If the resident or the resident's
3 representative, if any, cannot read English, the notice may
4 be provided in a language the individual receiving the notice
5 can read or the establishment may provide a translator who
6 has been trained to assist the resident or the resident's
7 representative in the appeal process. In emergency
8 situations, written notice may be waived.
9 (c) The establishment shall attempt to resolve with the
10 resident or the resident's representative, if any,
11 circumstances that if not remedied have the potential of
12 resulting in an involuntary termination of residency and
13 shall document those efforts in the resident's file. This
14 action may occur prior to or during the 30 day notice period,
15 but must occur prior to the termination of the residency. In
16 emergency situations, the requirements of this subsection may
17 be waived.
18 (d) A request for a hearing shall stay an involuntary
19 termination of residency until a decision has been rendered
20 by the Department, according to a process adopted by rule.
21 During this time period, the establishment may not terminate
22 or reduce any service for the purpose of making it more
23 difficult or impossible for the resident to remain in the
24 establishment.
25 (e) The establishment may offer the resident and the
26 resident's representative, if any, residency termination and
27 relocation assistance including information on available
28 alternative placement. Residents shall be involved in
29 planning the move and shall choose among the available
30 alternative placements except when an emergency situation
31 makes prior resident involvement impossible. Emergency
32 placements are deemed temporary until the resident's input
33 can be sought in the final placement decision. No resident
34 shall be forced to remain in a temporary or permanent
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1 placement.
2 (f) The Department may offer assistance to the
3 establishment and the resident in the preparation of
4 residency termination and relocation plans to assure safe and
5 orderly transition and to protect the resident's health,
6 safety, welfare, and rights. In nonemergencies, and where
7 possible in emergencies, the transition plan shall be
8 designed and implemented in advance of transfer or residency
9 termination.
10 Section 85. Contract requirements. No entity may
11 establish, operate, conduct, or maintain an establishment in
12 this State unless a written service delivery contract is
13 executed between the establishment and each resident or
14 resident's representative in accordance with Section 90 and
15 unless the establishment operates in accordance with the
16 terms of the contract. The resident or the resident's
17 representative shall be given a complete copy of the contract
18 and all supporting documents and attachments and any changes
19 whenever changes are made. If the resident does not
20 understand English and if translated documents are not
21 available, the establishment must explain its policies to a
22 responsible relative or friend or another individual who can
23 communicate the information to the resident.
24 Section 90. Contents of service delivery contract. A
25 contract between an establishment and a resident must be
26 entitled "assisted living establishment contract" or "shared
27 housing establishment contract" as applicable, shall be
28 printed in no less than 12 point type, and shall include at
29 least the following elements in the body or through
30 supporting documents or attachments:
31 (1) the name, street address, and mailing address
32 of the establishment;
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1 (2) the name and mailing address of the owner or
2 owners of the establishment and, if the owner or owners
3 are not natural persons, the type of business entity of
4 the owner or owners;
5 (3) the name and mailing address of the managing
6 agent of the establishment, whether hired under a
7 management agreement or lease agreement, if the managing
8 agent is different from the owner or owners;
9 (4) the name and address of at least one natural
10 person who is authorized to accept service on behalf of
11 the owners and managing agent;
12 (5) a statement describing the license status of
13 the establishment and the license status of all providers
14 of health-related or supportive services to a resident
15 under arrangement with the establishment;
16 (6) the duration of the contract;
17 (7) the base rate to be paid by the resident and a
18 description of the services to be provided as part of
19 this rate;
20 (8) a description of any additional services to be
21 provided for an additional fee by the establishment
22 directly or by a third party provider under arrangement
23 with the establishment;
24 (9) the fee schedules outlining the cost of any
25 additional services;
26 (10) a description of the process through which the
27 contract may be modified, amended, or terminated;
28 (11) a description of the establishment's complaint
29 resolution process available to residents and notice of
30 the availability of the Department's Senior Helpline for
31 complaints;
32 (12) the name of the resident's designated
33 representative, if any;
34 (13) the resident's obligations in order to
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1 maintain residency and receive services including
2 compliance with all assessments required under Section
3 15;
4 (14) the billing and payment procedures and
5 requirements;
6 (15) a statement affirming the resident's freedom
7 to receive services from service providers with whom the
8 establishment does not have a contractual arrangement,
9 which may also disclaim liability on the part of the
10 establishment for those services;
11 (16) a statement that medical assistance under
12 Article V or Article VI of the Illinois Public Aid Code
13 is not available for payment for services provided in an
14 establishment;
15 (17) a statement detailing the admission, risk
16 management, and residency termination criteria and
17 procedures;
18 (18) a statement listing the rights specified in
19 Section 92 and acknowledging that, by contracting with
20 the assisted living or shared housing establishment, the
21 resident does not forfeit those rights; and
22 (19) a statement detailing the Department's annual
23 on-site review process including what documents contained
24 in a resident's personal file shall be reviewed by the
25 on-site reviewer as defined by rule.
26 Section 92. Resident rights. No resident shall be
27 deprived of any rights, benefits, or privileges guaranteed by
28 law, the Constitution of the State of Illinois, or the
29 Constitution of the United States solely on account of his or
30 her status as a resident of an establishment, nor shall a
31 resident forfeit any of the following rights:
32 (1) the right to retain and use personal property
33 and a place to store personal items that is locked and
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1 secure;
2 (2) the right to refuse services and to be advised
3 of the consequences of that refusal;
4 (3) the right to respect for bodily privacy and
5 dignity at all times, especially during care and
6 treatment;
7 (4) the right to the free exercise of religion;
8 (5) the right to privacy with regard to mail, phone
9 calls, and visitors;
10 (6) the right to uncensored access to the State
11 Ombudsman or his or her designee;
12 (7) the right to be free of retaliation for
13 criticizing the establishment or making complaints to
14 appropriate agencies;
15 (8) the right to be free of chemical and physical
16 restraints;
17 (9) the right to be free of abuse or neglect or to
18 refuse to perform labor;
19 (10) the right to confidentiality of the resident's
20 medical records;
21 (11) the right of access and the right to copy the
22 resident's personal files maintained by the
23 establishment;
24 (12) the right to 24 hours access to the
25 establishment;
26 (13) the right to a minimum of 90-days notice of a
27 planned establishment closure;
28 (14) the right to a minimum of 30-days notice of an
29 involuntary residency termination, except where the
30 resident poses a threat to himself or others, or in other
31 emergency situations, and the right to appeal such
32 termination; and
33 (15) the right to a 30-day notice of delinquency
34 and at least 15 days right to cure delinquency.
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1 Section 95. Notice of permanent closure. An owner of an
2 establishment licensed under this Act shall give 90 days
3 notice prior to voluntarily closing the establishment or
4 prior to closing any part of the establishment if closing the
5 part will require residency termination. The notice shall be
6 given to the Department, to any resident who must have their
7 residency terminated, the resident's representative, and to a
8 member of the resident's family, where practicable. The
9 notice shall state the proposed date of closing and the
10 reason for closing. The establishment shall offer to assist
11 the resident in securing an alternative placement and shall
12 advise the resident on available alternatives. Where the
13 resident is unable to choose an alternative placement and is
14 not under guardianship, the Department shall be notified of
15 the need for relocation assistance. The establishment shall
16 comply with all applicable laws and rules until the date of
17 closing, including those related to residency termination.
18 Section 100. Record retention. Service delivery
19 contracts and related documents executed by each resident or
20 resident's representative shall be maintained by an
21 establishment subject to this Act from the date of execution
22 until 3 years after the contract is terminated. The
23 establishment shall also maintain and retain records to
24 support compliance with each individual contract and with
25 applicable federal and State rules. The records and
26 supporting documents, as defined by rule, shall be made
27 available for on-site inspection by the Department upon
28 request at any time. The establishment shall not maintain
29 the individual resident's medical records, as defined by
30 rule.
31 Section 105. Powers and duties of the Department.
32 (a) The Department shall conduct an annual unannounced
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1 on-site visit at each assisted living and shared housing
2 establishment to determine compliance with applicable
3 licensure requirements and standards. Visits may be
4 conducted without prior notice to the assisted living or
5 shared housing establishment.
6 (b) Upon receipt of information that may indicate the
7 failure of the assisted living or shared housing
8 establishment or a service provider to comply with a
9 provision of this Act, the Department shall investigate the
10 matter or make appropriate referrals to other government
11 agencies and entities having jurisdiction over the subject
12 matter of the possible violation. The Department may also
13 make referrals to any public or private agency that the
14 Department considers available for appropriate assistance to
15 those involved. The Department may oversee and coordinate the
16 enforcement of State consumer protection policies affecting
17 residents residing in an establishment licensed under this
18 Act.
19 (c) The Department shall establish by rule complaint
20 receipt, investigation, resolution, and involuntary
21 residency termination procedures. Resolution procedures
22 shall provide for on-site review and evaluation of an
23 assisted living or shared housing establishment found to be
24 in violation of this Act within a specified period of time
25 based on the gravity and severity of the violation and any
26 pervasive pattern of occurrences of the same or similar
27 violations.
28 (d) The Director shall establish an Assisted Living and
29 Shared Housing Advisory Board.
30 (e) The Department shall by rule establish penalties and
31 sanctions, which shall include, but not limited to, the
32 creation of a schedule of graduated penalties and sanctions
33 to include closure.
34 (f) The Department shall by rule establish procedures
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1 for disclosure of information to the public, which shall
2 include, but not be limited to, ownership, licensure status,
3 frequency of complaints, disposition of substantiated
4 complaints, and disciplinary actions.
5 (g) Beginning January 1, 2000, the Department shall
6 begin drafting rules necessary for the administration of this
7 Act.
8 Section 110. Reports and access to information. The
9 Department may require periodic reports and shall have access
10 to and may reproduce or photocopy at its cost any books,
11 records or other documents maintained by the establishment to
12 the extent necessary to carry out this Act and shall not
13 divulge or disclose the contents of a resident's record
14 obtained under this Section in violation of this Act.
15 Section 115. Consent to review. A licensee or applicant
16 for a license shall be deemed to have given consent to any
17 authorized officer, employee, or agent of the Department to
18 enter and review the establishment in accordance with this
19 Act, except that entrance to individual rooms shall only be
20 given with the consent of the resident or the resident's
21 representative. Refusal to permit entry or review shall
22 constitute grounds for denial, nonrenewal, or revocation of a
23 license.
24 Section 120. Assisted Living and Shared Housing Advisory
25 Board.
26 (a) The Director shall appoint the Assisted Living and
27 Shared Housing Advisory Board which shall be responsible for
28 advising the Director in all aspects of the administration of
29 the Act.
30 (b) The Board shall be comprised of the following
31 persons:
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1 (1) the Director who shall serve as chair, ex
2 officio and nonvoting;
3 (2) one representative each of the Departments of
4 Public Health, Public Aid, Human Services, the Office of
5 the State Fire Marshal, and the Illinois Housing
6 Development Authority, all nonvoting members;
7 (3) the State Ombudsman or his or her designee;
8 (4) one representative of the Association of Area
9 Agencies on Aging;
10 (5) four members selected from the recommendations
11 by provider organizations whose membership consist of
12 nursing care or assisted living establishments;
13 (6) one member selected from the recommendations of
14 provider organizations whose membership consists of home
15 health agencies;
16 (7) two residents of assisted living
17 establishments;
18 (8) three members selected from the
19 recommendations of consumer organizations which engage
20 solely in advocacy or legal representation on behalf of
21 the senior population;
22 (9) one member who shall be a physician;
23 (10) one member who shall be a registered
24 professional nurse selected from the recommendations of
25 professional nursing associations; and
26 (11) two citizen members with expertise in the area
27 of gerontology research.
28 (c) Members of the Board created by this Act shall be
29 appointed to serve for terms of 3 years. All members shall be
30 appointed no sooner than February 1, 2000 and no later than
31 March 1, 2000. One third of the Board member's initial terms
32 shall expire in one year; one third in 2 years, and one third
33 in 3 years. A member's term does not expire until a
34 successor is appointed by the Director. Any member
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1 appointed to fill a vacancy occurring prior to the expiration
2 of the term for which his or her predecessor was appointed
3 shall be appointed for the remainder of that term. The Board
4 shall meet at the call of the Director. The affirmative vote
5 of 9 members of the Board shall be necessary for Board
6 action. Members of this Board shall receive no compensation
7 for their services, however, resident members shall be
8 reimbursed for their actual expenses.
9 (d) None of the functions, powers, or duties of the
10 Department with respect to policies regarding licensure and
11 reviews under this Act, including the promulgation of rules
12 necessary for the administration of this Act, shall be
13 exercised by the Department except upon review by the
14 Advisory Board. If the Board, having been asked for its
15 review, fails to advise the Department within 90 days, the
16 rules shall be considered acted upon.
17 Section 125. Civil penalties.
18 (a) The Department may assess a civil penalty not to
19 exceed $5,000 against any establishment subject to this Act
20 for violations of this Act. Each day a violation continues
21 shall be deemed a separate violation.
22 (b) Beginning 180 days after the adoption of rules
23 under this Act, the Department may assess a civil penalty
24 not to exceed $3,000 against any establishment subject to
25 this Act for caring for a resident who exceeds the care needs
26 defined in this Act. Each day a violation continues shall be
27 deemed a separate violation.
28 (c) The Department is authorized to hold hearings in
29 contested cases regarding appeals of the penalties assessed
30 pursuant to this Section.
31 Section 130. State and private funding. Nothing in this
32 Act shall:
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1 (1) require or authorize the State agency
2 responsible for the administration of the medical
3 assistance program established under Article V and
4 Article VI of the Illinois Public Aid Code to approve,
5 supply, or cover services provided in an assisted living
6 or shared housing establishment;
7 (2) require an agency or a managed care
8 organization to approve, supply, or cover services
9 provided in an assisted living or shared housing
10 establishment; or
11 (3) require any other third party payer to approve,
12 supply or cover medically necessary home care services
13 provided in an assisted living establishment.
14 Section 135. Conversion of sheltered care facilities.
15 Entities licensed as sheltered care facilities under the
16 Nursing Home Care Act may elect to convert their sheltered
17 care license to a license under this Act.
18 Section 140. Alzheimer and dementia programs.
19 (a) Except as provided in this Section, alzheimer and
20 dementia programs shall comply with provisions of this Act.
21 (b) No resident shall be admitted or retained if the
22 assisted living or shared housing establishment cannot
23 provide or secure appropriate care, if the resident requires
24 a level of service or type of service for which the
25 establishment is not licensed or which the establishment does
26 not provide, or if the establishment does not have the staff
27 appropriate in numbers and with appropriate skill to provide
28 such services.
29 (c) No resident shall be admitted or retained if the
30 resident requires total assistance with 2 or more activities
31 of daily living, except in cases where a licensed health care
32 professional not employed by the establishment certifies the
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1 resident's needs can be met, as defined in the resident's
2 service plan.
3 (d) An establishment that offers to provide a special
4 program or unit for persons with Alzheimer's disease and
5 related disorders shall:
6 (1) disclose to the Department and to a potential
7 or actual resident of the establishment information as
8 specified under the Alzheimer's Special Care Disclosure
9 Act;
10 (2) ensure that a resident's representative is
11 designated for the resident;
12 (3) develop and implement policies and procedures
13 that ensure the continued safety of all residents in the
14 establishment including, but not limited to, those who:
15 (A) may wander; and
16 (B) may need supervision and assistance when
17 evacuating the building in an emergency;
18 (4) provide coordination of communications with
19 each resident, resident's representative, relatives and
20 other persons identified in the resident's service plan;
21 (5) provide cognitive stimulation and activities to
22 maximize functioning;
23 (6) provide an appropriate number of staff for its
24 resident population, as established by rule;
25 (7) require the director or administrator and
26 direct care staff to complete sufficient comprehensive
27 and ongoing dementia and cognitive deficit training, the
28 content of which shall be established by rule; and
29 (8) develop emergency procedures and staffing
30 patterns to respond to the needs of residents who are not
31 capable of communicating their needs for assistance due
32 to cognitive impairment.
33 Section 145. Application of Act. An establishment
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1 licensed under this Act shall obtain and maintain all other
2 licenses, permits, certificates, and other governmental
3 approvals required of it, except that a licensed assisted
4 living or shared housing establishment is exempt from the
5 provisions of the Illinois Health Facilities Planning Act and
6 the Nursing Home Care Act. An establishment licensed under
7 this Act shall comply with the requirements of all local,
8 State, federal, and other applicable laws, rules, and
9 ordinances and the National Fire Protection Association's
10 Life Safety Code Chapter 21 (1985).
11 Section 150. Assisted Living and Shared Housing
12 Regulatory Fund. There is created in the State treasury a
13 special fund to be known as the Assisted Living and Shared
14 Housing Regulatory Fund. All moneys received by the
15 Department under this Act shall be deposited into the Fund.
16 Subject to appropriation, moneys in the Fund shall be used
17 for the administration of this Act. Interest earned on
18 moneys in the Fund shall be deposited into the Fund.
19 Section 155. Report of the Department.
20 (a) The Department shall conduct a study or contract for
21 the conducting of a study to review the effects of this Act
22 on the availability of housing for seniors. The study shall
23 evaluate whether (i) sufficient housing exists to meet the
24 needs of Illinois seniors for housing, (ii) the services
25 available under this Act meet the needs of Illinois seniors,
26 (iii) the private sector marketplace is an adequate supplier
27 of housing with services for seniors, and (iv) any other
28 consideration the Department deems relevant.
29 (b) The study mandated by subsection (a) shall be
30 completed and its findings and recommendations reported to
31 the General Assembly no later than January 1, 2005.
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1 Section 160. Severability. The provisions of this Act
2 are severable under Section 1.31 of the Statute on Statutes.
3 Section 190. The Illinois Act on the Aging is amended by
4 changing Section 4.04 as follows:
5 (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
6 Sec. 4.04. Long Term Care Ombudsman Program.
7 (a) Long Term Care Ombudsman Program. The Department
8 shall establish a Long Term Care Ombudsman Program, through
9 the Office of State Long Term Care Ombudsman ("the Office"),
10 in accordance with the provisions of the Older Americans Act
11 of 1965, as now or hereafter amended.
12 (b) Definitions. As used in this Section, unless the
13 context requires otherwise:
14 (1) "Access" has the same meaning as in Section
15 1-104 of the Nursing Home Care Act, as now or hereafter
16 amended; that is, it means the right to:
17 (i) Enter any long term care facility or
18 assisted living or shared housing establishment;
19 (ii) Communicate privately and without
20 restriction with any resident who consents to the
21 communication;
22 (iii) Seek consent to communicate privately
23 and without restriction with any resident;
24 (iv) Inspect the clinical and other records of
25 a resident with the express written consent of the
26 resident;
27 (v) Observe all areas of the long term care
28 facility or assisted living or shared housing
29 establishment except the living area of any resident
30 who protests the observation.
31 (2) "Long Term Care Facility" means any facility as
32 defined by Section 1-113 of the Nursing Home Care Act, as
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1 now or hereafter amended.
2 (2.5) "Assisted living establishment" and "shared
3 housing establishment" have the meanings given those
4 terms in Section 10 of the Assisted Living and Shared
5 Housing Act.
6 (3) "Ombudsman" means any person employed by the
7 Department to fulfill the requirements of the Office, or
8 any representative of a sub-State long term care
9 ombudsman program; provided that the representative,
10 whether he is paid for or volunteers his ombudsman
11 services, shall be qualified and authorized by the
12 Department to perform the duties of an ombudsman as
13 specified by the Department in rules.
14 (c) Ombudsman; rules. The Office of State Long Term Care
15 Ombudsman shall be composed of at least one full-time
16 ombudsman within the Department and shall include a system of
17 designated sub-State long term care ombudsman programs. Each
18 sub-State program shall be designated by the Department as a
19 subdivision of the Office and any representative of a
20 sub-State program shall be treated as a representative of the
21 Office.
22 The Department shall promulgate administrative rules to
23 establish the responsibilities of the Department and the
24 Office of State Long Term Care Ombudsman. The administrative
25 rules shall include the responsibility of the Office to
26 investigate and resolve complaints made by or on behalf of
27 residents of long term care facilities and assisted living
28 and shared housing establishments relating to actions,
29 inaction, or decisions of providers, or their
30 representatives, of long term care facilities, of assisted
31 living and shared housing establishments, of public agencies,
32 or of social services agencies, which may adversely affect
33 the health, safety, welfare, or rights of such residents.
34 When necessary and appropriate, representatives of the Office
-40- LRB9101210JSpc
1 shall refer complaints to the appropriate regulatory State
2 agency.
3 (d) Access and visitation rights.
4 (1) In accordance with subparagraphs (A) and (E) of
5 paragraph (3) of subsection (c) of Section 1819 and
6 subparagraphs (A) and (E) of paragraph (3) of subsection
7 (c) of Section 1919 of the Social Security Act, as now or
8 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E)
9 and 42 U.S.C. 1396r-3 (c)(3)(A) and (E)), and Section
10 307(a)(12) of the Older Americans Act of 1965, as now or
11 hereafter amended, a long term care facility must:
12 (i) permit immediate access to any resident by
13 an ombudsman; and
14 (ii) permit representatives of the Office,
15 with the permission of the resident's legal
16 representative or legal guardian, to examine a
17 resident's clinical and other records, and if a
18 resident is unable to consent to such review, and
19 has no legal guardian, permit representatives of the
20 Office appropriate access, as defined by the
21 Department in administrative rules, to the
22 resident's records.
23 (2) Each long term care facility shall display, in
24 multiple, conspicuous public places within the facility
25 accessible to both visitors and patients and in an easily
26 readable format, the address and phone number of the
27 Office, in a manner prescribed by the Office.
28 (e) Immunity. An ombudsman or any other representative
29 of the Office participating in the good faith performance of
30 his or her official duties shall have immunity from any
31 liability (civil, criminal or otherwise) in any proceedings
32 (civil, criminal or otherwise) brought as a consequence of
33 the performance of his official duties.
34 (f) Business offenses.
-41- LRB9101210JSpc
1 (1) No person shall:
2 (i) Intentionally prevent, interfere with, or
3 attempt to impede in any way any representative of
4 the Office in the performance of his official duties
5 under this Act and the Older Americans Act of 1965;
6 or
7 (ii) Intentionally retaliate, discriminate
8 against, or effect reprisals against any long term
9 care facility resident or employee for contacting or
10 providing information to any representative of the
11 Office.
12 (2) A violation of this Section is a business
13 offense, punishable by a fine not to exceed $501.
14 (3) The Director of Aging shall notify the State's
15 Attorney of the county in which the long term care
16 facility is located, or the Attorney General, of any
17 violations of this Section.
18 (g) Confidentiality of records and identities. No files
19 or records maintained by the Office of State Long Term Care
20 Ombudsman shall be disclosed unless the State Ombudsman or
21 the ombudsman having the authority over the disposition of
22 such files authorizes the disclosure in writing. The
23 ombudsman shall not disclose the identity of any complainant,
24 resident, witness or employee of a long term care provider
25 involved in a complaint or report unless such person or such
26 person's guardian or legal representative consents in writing
27 to the disclosure, or the disclosure is required by court
28 order.
29 (h) Legal representation. The Attorney General shall
30 provide legal representation to any representative of the
31 Office against whom suit or other legal action is brought in
32 connection with the performance of the representative's
33 official duties, in accordance with the State Employee
34 Indemnification Act "An Act to provide for representation and
-42- LRB9101210JSpc
1 indemnification in certain civil law suits", approved
2 December 3, 1977, as now or hereafter amended.
3 (i) Treatment by prayer and spiritual means. Nothing in
4 this Act shall be construed to authorize or require the
5 medical supervision, regulation, or control of remedial care
6 or treatment of any resident in a long term care facility
7 operated exclusively by and for members or adherents of any
8 church or religious denomination the tenets and practices of
9 which include reliance solely upon spiritual means through
10 prayer for healing.
11 (Source: P.A. 90-639, eff. 1-1-99.)
12 Section 191. The Illinois Health Facilities Planning Act
13 is amended by changing Section 3 as follows:
14 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
15 Sec. 3. As used in this Act:
16 "Health care facilities" means and includes the following
17 facilities and organizations:
18 1. An ambulatory surgical treatment center required
19 to be licensed pursuant to the Ambulatory Surgical
20 Treatment Center Act;
21 2. An institution, place, building, or agency
22 required to be licensed pursuant to the Hospital
23 Licensing Act;
24 3. Skilled and intermediate long term care
25 facilities Any institution required to be licensed under
26 pursuant to the Nursing Home Care Act;
27 4. Hospitals, nursing homes, ambulatory surgical
28 treatment centers, or kidney disease treatment centers
29 maintained by the State or any department or agency
30 thereof; and
31 5. Kidney disease treatment centers, including a
32 free-standing hemodialysis unit.
-43- LRB9101210JSpc
1 No federally owned facility shall be subject to the
2 provisions of this Act, nor facilities used solely for
3 healing by prayer or spiritual means.
4 No facility licensed under the Supportive Residences
5 Licensing Act or the Assisted Living and Shared Housing Act
6 shall be subject to the provisions of this Act.
7 A facility designated as a supportive living facility
8 that is in good standing with the demonstration project
9 established under Section 5-5.01a of the Illinois Public Aid
10 Code shall not be subject to the provisions of this Act.
11 This Act does not apply to facilities granted waivers
12 under Section 3-102.2 of the Nursing Home Care Act. However,
13 if a demonstration project under that Act applies for a
14 certificate of need to convert to a nursing facility, it
15 shall meet the licensure and certificate of need requirements
16 in effect as of the date of application.
17 With the exception of those health care facilities
18 specifically included in this Section, nothing in this Act
19 shall be intended to include facilities operated as a part of
20 the practice of a physician or other licensed health care
21 professional, whether practicing in his individual capacity
22 or within the legal structure of any partnership, medical or
23 professional corporation, or unincorporated medical or
24 professional group. Further, this Act shall not apply to
25 physicians or other licensed health care professional's
26 practices where such practices are carried out in a portion
27 of a health care facility under contract with such health
28 care facility by a physician or by other licensed health care
29 professionals, whether practicing in his individual capacity
30 or within the legal structure of any partnership, medical or
31 professional corporation, or unincorporated medical or
32 professional groups. This Act shall apply to construction or
33 modification and to establishment by such health care
34 facility of such contracted portion which is subject to
-44- LRB9101210JSpc
1 facility licensing requirements, irrespective of the party
2 responsible for such action or attendant financial
3 obligation.
4 "Person" means any one or more natural persons, legal
5 entities, governmental bodies other than federal, or any
6 combination thereof.
7 "Consumer" means any person other than a person (a) whose
8 major occupation currently involves or whose official
9 capacity within the last 12 months has involved the
10 providing, administering or financing of any type of health
11 care facility, (b) who is engaged in health research or the
12 teaching of health, (c) who has a material financial interest
13 in any activity which involves the providing, administering
14 or financing of any type of health care facility, or (d) who
15 is or ever has been a member of the immediate family of the
16 person defined by (a), (b), or (c).
17 "State Board" means the Health Facilities Planning Board.
18 "Construction or modification" means the establishment,
19 erection, building, alteration, reconstruction,
20 modernization, improvement, extension, discontinuation,
21 change of ownership, of or by a health care facility, or the
22 purchase or acquisition by or through a health care facility
23 of equipment or service for diagnostic or therapeutic
24 purposes or for facility administration or operation, or any
25 capital expenditure made by or on behalf of a health care
26 facility which exceeds the capital expenditure minimum.
27 "Establish" means the construction of a health care
28 facility or the replacement of an existing facility on
29 another site.
30 "Major medical equipment" means medical equipment which
31 is used for the provision of medical and other health
32 services and which costs in excess of the capital expenditure
33 minimum, except that such term does not include medical
34 equipment acquired by or on behalf of a clinical laboratory
-45- LRB9101210JSpc
1 to provide clinical laboratory services if the clinical
2 laboratory is independent of a physician's office and a
3 hospital and it has been determined under Title XVIII of the
4 Social Security Act to meet the requirements of paragraphs
5 (10) and (11) of Section 1861(s) of such Act. In determining
6 whether medical equipment has a value in excess of the
7 capital expenditure minimum, the value of studies, surveys,
8 designs, plans, working drawings, specifications, and other
9 activities essential to the acquisition of such equipment
10 shall be included.
11 "Capital Expenditure" means an expenditure: (A) made by
12 or on behalf of a health care facility (as such a facility is
13 defined in this Act); and (B) which under generally accepted
14 accounting principles is not properly chargeable as an
15 expense of operation and maintenance, or is made to obtain by
16 lease or comparable arrangement any facility or part thereof
17 or any equipment for a facility or part; and which exceeds
18 the capital expenditure minimum.
19 For the purpose of this paragraph, the cost of any
20 studies, surveys, designs, plans, working drawings,
21 specifications, and other activities essential to the
22 acquisition, improvement, expansion, or replacement of any
23 plant or equipment with respect to which an expenditure is
24 made shall be included in determining if such expenditure
25 exceeds the capital expenditures minimum. Donations of
26 equipment or facilities to a health care facility which if
27 acquired directly by such facility would be subject to review
28 under this Act shall be considered capital expenditures, and
29 a transfer of equipment or facilities for less than fair
30 market value shall be considered a capital expenditure for
31 purposes of this Act if a transfer of the equipment or
32 facilities at fair market value would be subject to review.
33 "Capital expenditure minimum" means $1,000,000 for major
34 medical equipment and $2,000,000 for all other capital
-46- LRB9101210JSpc
1 expenditures, both of which shall be annually adjusted to
2 reflect the increase in construction costs due to inflation.
3 "Areawide" means a major area of the State delineated on
4 a geographic, demographic, and functional basis for health
5 planning and for health service and having within it one or
6 more local areas for health planning and health service. The
7 term "region", as contrasted with the term "subregion", and
8 the word "area" may be used synonymously with the term
9 "areawide".
10 "Local" means a subarea of a delineated major area that
11 on a geographic, demographic, and functional basis may be
12 considered to be part of such major area. The term
13 "subregion" may be used synonymously with the term "local".
14 "Areawide health planning organization" or "Comprehensive
15 health planning organization" means the health systems agency
16 designated by the Secretary, Department of Health and Human
17 Services or any successor agency.
18 "Local health planning organization" means those local
19 health planning organizations that are designated as such by
20 the areawide health planning organization of the appropriate
21 area.
22 "Physician" means a person licensed to practice in
23 accordance with the Medical Practice Act of 1987, as amended.
24 "Licensed health care professional" means a person
25 licensed to practice a health profession under pertinent
26 licensing statutes of the State of Illinois.
27 "Director" means the Director of the Illinois Department
28 of Public Health.
29 "Agency" means the Illinois Department of Public Health.
30 "Comprehensive health planning" means health planning
31 concerned with the total population and all health and
32 associated problems that affect the well-being of people and
33 that encompasses health services, health manpower, and health
34 facilities; and the coordination among these and with those
-47- LRB9101210JSpc
1 social, economic, and environmental factors that affect
2 health.
3 "Alternative health care model" means a facility or
4 program authorized under the Alternative Health Care Delivery
5 Act.
6 (Source: P.A. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96;
7 90-14, eff. 7-1-97.)
8 Section 192. The State Finance Act is amended by adding
9 Section 5.490 as follows:
10 (30 ILCS 105/5.490 new)
11 Sec. 5.490. The Assisted Living and Shared Housing
12 Regulatory Fund.
13 Section 193. The Alzheimer's Special Care Disclosure Act
14 is amended by changing Section 10 as follows:
15 (210 ILCS 4/10)
16 Sec. 10. Facility defined. As used in this Act,
17 "facility" means a facility licensed or permitted under the
18 Nursing Home Care Act, the Life Care Facility Act, the
19 Assisted Living and Shared Housing Act, or the Community
20 Living Facilities Licensing Act.
21 (Source: P.A. 90-341, eff. 1-1-98.)
22 Section 194. The Abused and Neglected Long Term Care
23 Facility Residents Reporting Act is amended by changing
24 Section 4 as follows:
25 (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
26 Sec. 4. Any long term care facility administrator, agent
27 or employee or any physician, hospital, surgeon, dentist,
28 osteopath, chiropractor, podiatrist, Christian Science
-48- LRB9101210JSpc
1 practitioner, coroner, social worker, social services
2 administrator, registered nurse, law enforcement officer,
3 field personnel of the Illinois Department of Public Aid,
4 field personnel of the Illinois Department of Public Health
5 and County or Municipal Health Departments, personnel of the
6 Department of Human Services (acting as the successor to the
7 Department of Mental Health and Developmental Disabilities or
8 the Department of Public Aid), personnel of the Guardianship
9 and Advocacy Commission, personnel of the State Fire Marshal,
10 local fire department inspectors or other personnel, or
11 personnel of the Illinois Department on Aging, or its
12 subsidiary Agencies on Aging, or employee of a facility
13 licensed under the Assisted Living and Shared Housing Act,
14 having reasonable cause to believe any resident with whom
15 they have direct contact has been subjected to abuse or
16 neglect shall immediately report or cause a report to be made
17 to the Department. Persons required to make reports or cause
18 reports to be made under this Section include all employees
19 of the State of Illinois who are involved in providing
20 services to residents, including professionals providing
21 medical or rehabilitation services and all other persons
22 having direct contact with residents; and further include all
23 employees of community service agencies who provide services
24 to a resident of a public or private long term care facility
25 outside of that facility. Any long term care surveyor of the
26 Illinois Department of Public Health who has reasonable cause
27 to believe in the course of a survey that a resident has been
28 abused or neglected and initiates an investigation while on
29 site at the facility shall be exempt from making a report
30 under this Section but the results of any such investigation
31 shall be forwarded to the central register in a manner and
32 form described by the Department.
33 The requirement of this Act shall not relieve any long
34 term care facility administrator, agent or employee of
-49- LRB9101210JSpc
1 responsibility to report the abuse or neglect of a resident
2 under Section 3-610 of the Nursing Home Care Act.
3 In addition to the above persons required to report
4 suspected resident abuse and neglect, any other person may
5 make a report to the Department, or to any law enforcement
6 officer, if such person has reasonable cause to suspect a
7 resident has been abused or neglected.
8 This Section also applies to residents whose death occurs
9 from suspected abuse or neglect before being found or brought
10 to a hospital.
11 A person required to make reports or cause reports to be
12 made under this Section who fails to comply with the
13 requirements of this Section is guilty of a Class A
14 misdemeanor.
15 (Source: P.A. 89-507, eff. 7-1-97.)
16 Section 195. The Nursing Home Care Act is amended by
17 changing Section 1-113 as follows:
18 (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
19 Sec. 1-113. "Facility" or "long-term care facility"
20 means a private home, institution, building, residence, or
21 any other place, whether operated for profit or not, or a
22 county home for the infirm and chronically ill operated
23 pursuant to Division 5-21 or 5-22 of the Counties Code, or
24 any similar institution operated by a political subdivision
25 of the State of Illinois, which provides, through its
26 ownership or management, personal care, sheltered care or
27 nursing for 3 or more persons, not related to the applicant
28 or owner by blood or marriage. It includes skilled nursing
29 facilities and intermediate care facilities as those terms
30 are defined in Title XVIII and Title XIX of the Federal
31 Social Security Act. It also includes homes, institutions, or
32 other places operated by or under the authority of the
-50- LRB9101210JSpc
1 Illinois Department of Veterans' Affairs.
2 "Facility" does not include the following:
3 (1) A home, institution, or other place operated by the
4 federal government or agency thereof, or by the State of
5 Illinois, other than homes, institutions, or other places
6 operated by or under the authority of the Illinois Department
7 of Veterans' Affairs;
8 (2) A hospital, sanitarium, or other institution whose
9 principal activity or business is the diagnosis, care, and
10 treatment of human illness through the maintenance and
11 operation as organized facilities therefor, which is required
12 to be licensed under the Hospital Licensing Act;
13 (3) Any "facility for child care" as defined in the
14 Child Care Act of 1969;
15 (4) Any "Community Living Facility" as defined in the
16 Community Living Facilities Licensing Act;
17 (5) Any "community residential alternative" as defined
18 in the Community Residential Alternatives Licensing Act;
19 (6) Any nursing home or sanatorium operated solely by
20 and for persons who rely exclusively upon treatment by
21 spiritual means through prayer, in accordance with the creed
22 or tenets of any well-recognized church or religious
23 denomination. However, such nursing home or sanatorium shall
24 comply with all local laws and rules relating to sanitation
25 and safety;
26 (7) Any facility licensed by the Department of Human
27 Services as a community-integrated living arrangement as
28 defined in the Community-Integrated Living Arrangements
29 Licensure and Certification Act;
30 (8) Any "Supportive Residence" licensed under the
31 Supportive Residences Licensing Act; or
32 (9) Any "supportive living facility" in good standing
33 with the demonstration project established under Section
34 5-5.01a of the Illinois Public Aid Code; or.
-51- LRB9101210JSpc
1 (10) Any assisted living or shared housing establishment
2 licensed under the Assisted Living and Shared Housing Act.
3 (Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
4 90-14, eff. 7-1-97; 90-763, eff. 8-14-98.)
5 Section 196. The Health Care Worker Background Check Act
6 is amended by changing Section 15 as follows:
7 (225 ILCS 46/15)
8 Sec. 15. Definitions. For the purposes of this Act, the
9 following definitions apply:
10 "Applicant" means an individual seeking employment with a
11 health care employer who has received a bona fide conditional
12 offer of employment.
13 "Conditional offer of employment" means a bona fide offer
14 of employment by a health care employer to an applicant,
15 which is contingent upon the receipt of a report from the
16 Department of State Police indicating that the applicant does
17 not have a record of conviction of any of the criminal
18 offenses enumerated in Section 25.
19 "Direct care" means the provision of nursing care or
20 assistance with meals, dressing, movement, bathing, or other
21 personal needs or maintenance, or general supervision and
22 oversight of the physical and mental well-being of an
23 individual who is incapable of managing his or her person
24 whether or not a guardian has been appointed for that
25 individual.
26 "Health care employer" means:
27 (1) the owner or licensee of any of the following:
28 (i) a community living facility, as defined in the
29 Community Living Facilities Act;
30 (ii) a life care facility, as defined in the Life
31 Care Facilities Act;
32 (iii) a long-term care facility, as defined in the
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1 Nursing Home Care Act;
2 (iv) a home health agency, as defined in the Home
3 Health Agency Licensing Act;
4 (v) a full hospice, as defined in the Hospice
5 Program Licensing Act;
6 (vi) a hospital, as defined in the Hospital
7 Licensing Act;
8 (vii) a community residential alternative, as
9 defined in the Community Residential Alternatives
10 Licensing Act;
11 (viii) a nurse agency, as defined in the Nurse
12 Agency Licensing Act;
13 (ix) a respite care provider, as defined in the
14 Respite Program Act;
15 (x) an establishment licensed under the Assisted
16 Living and Shared Housing Act;
17 (xi) a supportive living program, as defined in the
18 Illinois Public Aid Code;
19 (2) a day training program certified by the Department
20 of Human Services; or
21 (3) a community integrated living arrangement operated
22 by a community mental health and developmental service
23 agency, as defined in the Community-Integrated Living
24 Arrangements Licensing and Certification Act.
25 "Initiate" means the obtaining of the authorization for a
26 record check from a student, applicant, or employee. The
27 educational entity or health care employer or its designee
28 shall transmit all necessary information and fees to the
29 Illinois State Police within 10 working days after receipt of
30 the authorization.
31 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
32 89-674, eff. 8-14-96; 90-14, eff. 7-1-97; 90-776, eff.
33 1-1-99.)
-53- LRB9101210JSpc
1 Section 197. The Criminal Code of 1961 is amended by
2 changing Section 12-19 as follows:
3 (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
4 Sec. 12-19. Abuse and Gross Neglect of a Long Term Care
5 Facility Resident.
6 (a) Any person or any owner or licensee of a long term
7 care facility who abuses a long term care facility resident
8 is guilty of a Class 3 felony. Any person or any owner or
9 licensee of a long term care facility who grossly neglects a
10 long term care facility resident is guilty of a Class 4
11 felony. However, nothing herein shall be deemed to apply to
12 a physician licensed to practice medicine in all its branches
13 or a duly licensed nurse providing care within the scope of
14 his or her professional judgment and within the accepted
15 standards of care within the community.
16 (b) Notwithstanding the penalties in subsections (a) and
17 (c) and in addition thereto, if a licensee or owner of a long
18 term care facility or his or her employee has caused neglect
19 of a resident, the licensee or owner is guilty of a petty
20 offense. An owner or licensee is guilty under this
21 subsection (b) only if the owner or licensee failed to
22 exercise reasonable care in the hiring, training, supervising
23 or providing of staff or other related routine administrative
24 responsibilities.
25 (c) Notwithstanding the penalties in subsections (a) and
26 (b) and in addition thereto, if a licensee or owner of a long
27 term care facility or his or her employee has caused gross
28 neglect of a resident, the licensee or owner is guilty of a
29 business offense for which a fine of not more than $10,000
30 may be imposed. An owner or licensee is guilty under this
31 subsection (c) only if the owner or licensee failed to
32 exercise reasonable care in the hiring, training, supervising
33 or providing of staff or other related routine administrative
-54- LRB9101210JSpc
1 responsibilities.
2 (d) For the purpose of this Section:
3 (1) "Abuse" means intentionally or knowingly
4 causing any physical or mental injury or committing any
5 sexual offense set forth in this Code.
6 (2) "Gross neglect" means recklessly failing to
7 provide adequate medical or personal care or maintenance,
8 which failure results in physical or mental injury or the
9 deterioration of a physical or mental condition.
10 (3) "Neglect" means negligently failing to provide
11 adequate medical or personal care or maintenance, which
12 failure results in physical or mental injury or the
13 deterioration of a physical or mental condition.
14 (4) "Resident" means a person residing in a long
15 term care facility.
16 (5) "Owner" means the person who owns a long term
17 care facility as provided under the Nursing Home Care Act
18 or an assisted living or shared housing establishment
19 under the Assisted Living and Shared Housing Act.
20 (6) "Licensee" means the individual or entity
21 licensed to operate a facility under the Nursing Home
22 Care Act or the Assisted Living and Shared Housing Act.
23 (7) "Facility" or "long term care facility" means a
24 private home, institution, building, residence, or any
25 other place, whether operated for profit or not, or a
26 county home for the infirm and chronically ill operated
27 pursuant to Division 5-21 or 5-22 of the Counties Code,
28 or any similar institution operated by the State of
29 Illinois or a political subdivision thereof, which
30 provides, through its ownership or management, personal
31 care, sheltered care or nursing for 3 or more persons not
32 related to the owner by blood or marriage. The term also
33 includes skilled nursing facilities and intermediate care
34 facilities as defined in Title XVIII and Title XIX of the
-55- LRB9101210JSpc
1 federal Social Security Act and assisted living
2 establishments and shared housing establishments licensed
3 under the Assisted Living and Shared Housing Act.
4 (e) Nothing contained in this Section shall be deemed to
5 apply to the medical supervision, regulation or control of
6 the remedial care or treatment of residents in a facility
7 conducted for those who rely upon treatment by prayer or
8 spiritual means in accordance with the creed or tenets of any
9 well recognized church or religious denomination and which is
10 licensed in accordance with Section 3-803 of the Nursing Home
11 Care Act.
12 (Source: P.A. 86-820; 86-1475.)
13 Section 199. Effective date. This Section, Section 10,
14 Section 105, and Section 120 of this Act take effect upon
15 becoming law, the remaining Sections of this Act take effect
16 January 1, 2001.
-56- LRB9101210JSpc
1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 105/4.04 from Ch. 23, par. 6104.04
4 20 ILCS 3960/3 from Ch. 111 1/2, par. 1153
5 30 ILCS 105/5.490 new
6 210 ILCS 4/10
7 210 ILCS 30/4 from Ch. 111 1/2, par. 4164
8 210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113
9 225 ILCS 46/15
10 720 ILCS 5/12-19 from Ch. 38, par. 12-19