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91_HB0427ccr001
LRB9101210JSpcccr3
1 91ST GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON HOUSE BILL 427
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to Senate
10 Amendment No. 1 to House Bill 427, recommend the following:
11 (1) that the Senate recede from Senate Amendment No. 1;
12 and
13 (2) that House Bill 427 be amended as follows:
14 by replacing everything after the enacting clause with the
15 following:
16 "Section 1. Short title. This Act may be cited as the
17 Assisted Living and Shared Housing Act.
18 Section 5. Legislative purpose. The purpose of this Act
19 is to permit the development and availability of assisted
20 living establishments and shared housing establishments based
21 on a social model that promotes the dignity, individuality,
22 privacy, independence, autonomy, and decision-making ability
23 and the right to negotiated risk of those persons; to
24 provide for the health, safety, and welfare of those
25 residents residing in assisted living and shared housing
26 establishments in this State; to promote continuous quality
27 improvement in assisted living; and to encourage the
28 development of innovative and affordable assisted living
29 establishments and shared housing with service
30 establishments for elderly persons of all income levels. It
31 is the public policy of this State that assisted living is
32 an important part of the continuum of long term care. In
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1 support of the goal of aging in place within the parameters
2 established by this Act, assisted living and shared housing
3 establishments shall be operated as residential environments
4 with supportive services designed to meet the individual
5 resident's changing needs and preferences. The residential
6 environment shall be designed to encourage family and
7 community involvement. The services available to residents,
8 either directly or through contracts or agreements, are
9 intended to help residents remain as independent as
10 possible. Assisted living, which promotes resident choice,
11 autonomy, and decision making, should be based on a contract
12 model designed to result in a negotiated agreement between
13 the resident or the resident's representative and the
14 provider, clearly identifying the services to be provided.
15 This model assumes that residents are able to direct services
16 provided for them and will designate a representative to
17 direct these services if they themselves are unable to do so.
18 This model supports the principle that there is an
19 acceptable balance between consumer protection and
20 resident willingness to accept risk and that most consumers
21 are competent to make their own judgments about the services
22 they are obtaining. Regulation of assisted living
23 establishments and shared housing establishments must be
24 sufficiently flexible to allow residents to age in place
25 within the parameters of this Act. The administration of this
26 Act and services provided must therefore ensure that the
27 residents have the rights and responsibilities to direct the
28 scope of services they receive and to make individual choices
29 based on their needs and preferences. These establishments
30 shall be operated in a manner that provides the least
31 restrictive and most homelike environment and that promotes
32 independence, autonomy, individuality, privacy, dignity, and
33 the right to negotiated risk in residential surroundings. It
34 is not the intent of the State that establishments licensed
35 under this Act be used as halfway houses for alcohol and
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1 substance abusers.
2 Section 10. Definitions. For purposes of this Act:
3 "Activities of daily living" means eating, dressing,
4 bathing, toileting, transferring, or personal hygiene.
5 "Advisory Board" means the Assisted Living and Shared
6 Housing Advisory Board.
7 "Assisted living establishment" or "establishment" means
8 a home, building, residence, or any other place where
9 sleeping accommodations are provided for at least 3 unrelated
10 adults, at least 80% of whom are 55 years of age or older and
11 where the following are provided consistent with the
12 purposes of this Act:
13 (1) services consistent with a social model that is
14 based on the premise that the resident's unit in assisted
15 living and shared housing is his or her own home;
16 (2) community-based residential care for persons
17 who need assistance with activities of daily living,
18 including personal, supportive, and intermittent
19 health-related services available 24 hours per day, if
20 needed, to meet the scheduled and unscheduled needs of a
21 resident;
22 (3) mandatory services, whether provided directly
23 by the establishment or by another entity arranged for by
24 the establishment, with the consent of the resident or
25 resident's representative; and
26 (4) a physical environment that is a homelike
27 setting that includes the following and such other
28 elements as established by the Department in conjunction
29 with the Assisted Living and Shared Housing Advisory
30 Board: individual living units each of which shall
31 accommodate small kitchen appliances and contain private
32 bathing, washing, and toilet facilities, or private
33 washing and toilet facilities with a common bathing room
34 readily accessible to each resident. Units shall be
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1 maintained for single occupancy except in cases in which
2 2 residents choose to share a unit. Sufficient common
3 space shall exist to permit individual and group
4 activities.
5 "Assisted living establishment" or "establishment" does
6 not mean any of the following:
7 (1) A home, institution, or similar place operated
8 by the federal government or the State of Illinois.
9 (2) A long term care facility licensed under the
10 Nursing Home Care Act. However, a long term care facility
11 may convert distinct parts of the facility to assisted
12 living. If the long term care facility elects to do so,
13 the facility shall retain the Certificate of Need for its
14 nursing and sheltered care beds that were converted.
15 (3) A hospital, sanitarium, or other institution,
16 the principal activity or business of which is the
17 diagnosis, care, and treatment of human illness and that
18 is required to be licensed under the Hospital Licensing
19 Act.
20 (4) A facility for child care as defined in the
21 Child Care Act of 1969.
22 (5) A community living facility as defined in the
23 Community Living Facilities Licensing Act.
24 (6) A nursing home or sanitarium operated solely by
25 and for persons who rely exclusively upon treatment by
26 spiritual means through prayer in accordance with the
27 creed or tenants of a well-recognized church or religious
28 denomination.
29 (7) A facility licensed by the Department of Human
30 Services as a community-integrated living arrangement as
31 defined in the Community-Integrated Living Arrangements
32 Licensure and Certification Act.
33 (8) A supportive residence licensed under the
34 Supportive Residences Licensing Act.
35 (9) A life care facility as defined in the Life
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1 Care Facilities Act; a life care facility may apply under
2 this Act to convert sections of the community to assisted
3 living.
4 (10) A free-standing hospice facility licensed
5 under the Hospice Program Licensing Act.
6 (11) A shared housing establishment.
7 (12) A supportive living facility as described in
8 Section 5-5.0la of the Illinois Public Aid Code.
9 "Department" means the Department of Public Health.
10 "Director" means the Director of Public Health.
11 "Emergency situation" means imminent danger of death or
12 serious physical harm to a resident of an establishment.
13 "License" means any of the following types of licenses
14 issued to an applicant or licensee by the Department:
15 (1) "Probationary license" means a license issued
16 to an applicant or licensee that has not held a license
17 under this Act prior to its application or pursuant to a
18 license transfer in accordance with Section 50 of this
19 Act.
20 (2) "Regular license" means a license issued by the
21 Department to an applicant or licensee that is in
22 substantial compliance with this Act and any rules
23 promulgated under this Act.
24 "Licensee" means a person, agency, association,
25 corporation, partnership, or organization that has been
26 issued a license to operate an assisted living or shared
27 housing establishment.
28 "Licensed health care professional" means a registered
29 professional nurse, an advanced practice nurse, a physician
30 assistant, and a licensed practical nurse.
31 "Mandatory services" include the following:
32 (1) 3 meals per day available to the residents
33 prepared by the establishment or an outside contractor;
34 (2) housekeeping services including, but not
35 limited to, vacuuming, dusting, and cleaning the
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1 resident's unit;
2 (3) personal laundry and linen services available
3 to the residents provided or arranged for by the
4 establishment;
5 (4) security provided 24 hours each day including,
6 but not limited to, locked entrances or building or
7 contract security personnel;
8 (5) an emergency communication response system,
9 which is a procedure in place 24 hours each day by which
10 a resident can notify building management, an emergency
11 response vendor, or others able to respond to his or her
12 need for assistance; and
13 (6) assistance with activities of daily living as
14 required by each resident.
15 "Negotiated risk" is the process by which a resident, or
16 his or her representative, may formally negotiate with
17 providers what risks each are willing and unwilling to assume
18 in service provision and the resident's living environment.
19 The provider assures that the resident and the resident's
20 representative, if any, are informed of the risks of these
21 decisions and of the potential consequences of assuming these
22 risks.
23 "Owner" means the individual, partnership, corporation,
24 association, or other person who owns an assisted living or
25 shared housing establishment. In the event an assisted
26 living or shared housing establishment is operated by a
27 person who leases or manages the physical plant, which is
28 owned by another person, "owner" means the person who
29 operates the assisted living or shared housing establishment,
30 except that if the person who owns the physical plant is an
31 affiliate of the person who operates the assisted living or
32 shared housing establishment and has significant control over
33 the day to day operations of the assisted living or shared
34 housing establishment, the person who owns the physical plant
35 shall incur jointly and severally with the owner all
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1 liabilities imposed on an owner under this Act.
2 "Physician" means a person licensed under the Medical
3 Practice Act of 1987 to practice medicine in all of its
4 branches.
5 "Resident" means a person residing in an assisted living
6 or shared housing establishment.
7 "Resident's representative" means a person, other than
8 the owner, agent, or employee of an establishment or of the
9 health care provider unless related to the resident,
10 designated in writing by a resident to be his or her
11 representative. This designation may be accomplished through
12 the Illinois Power of Attorney Act, pursuant to the
13 guardianship process under the Probate Act of 1975, or
14 pursuant to an executed designation of representative form
15 specified by the Department.
16 "Self" means the individual or the individual's
17 designated representative.
18 "Shared housing establishment" or "establishment" means a
19 publicly or privately operated free-standing residence for 12
20 or fewer persons, at least 80% of whom are 55 years of age or
21 older and who are unrelated to the owners and one manager of
22 the residence, where the following are provided:
23 (1) services consistent with a social model that is
24 based on the premise that the resident's unit is his or
25 her own home;
26 (2) community-based residential care for persons
27 who need assistance with activities of daily living,
28 including housing and personal, supportive, and
29 intermittent health-related services available 24 hours
30 per day, if needed, to meet the scheduled and unscheduled
31 needs of a resident; and
32 (3) mandatory services, whether provided directly
33 by the establishment or by another entity arranged for by
34 the establishment, with the consent of the resident or
35 the resident's representative.
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1 "Shared housing establishment" or "establishment" does
2 not mean any of the following:
3 (1) A home, institution, or similar place operated
4 by the federal government or the State of Illinois.
5 (2) A long term care facility licensed under the
6 Nursing Home Care Act. A long term care facility may,
7 however, convert sections of the facility to assisted
8 living. If the long term care facility elects to do so,
9 the facility shall retain the Certificate of Need for its
10 nursing beds that were converted.
11 (3) A hospital, sanitarium, or other institution,
12 the principal activity or business of which is the
13 diagnosis, care, and treatment of human illness and that
14 is required to be licensed under the Hospital Licensing
15 Act.
16 (4) A facility for child care as defined in the
17 Child Care Act of 1969.
18 (5) A community living facility as defined in the
19 Community Living Facilities Licensing Act.
20 (6) A nursing home or sanitarium operated solely by
21 and for persons who rely exclusively upon treatment by
22 spiritual means through prayer in accordance with the
23 creed or tenants of a well-recognized church or religious
24 denomination.
25 (7) A facility licensed by the Department of Human
26 Services as a community-intergrated living arrangement as
27 defined in the Community-Integrated Living Arrangements
28 Licensure and Certification Act.
29 (8) A supportive residence licensed under the
30 Supportive Residences Licensing Act.
31 (9) A life care facility as defined in the Life
32 Care Facilities Act; a life care facility may apply under
33 this Act to convert sections of the community to assisted
34 living.
35 (10) A free-standing hospice facility licensed
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1 under the Hospice Program Licensing Act.
2 (11) An assisted living establishment.
3 (12) A supportive living facility as described in
4 Section 5-5.01a of the Illinois Public Aid Code.
5 "Total assistance" means that staff or another individual
6 performs the entire activity of daily living without
7 participation by the resident.
8 Section 15. Assessment and service plan requirements.
9 Prior to admission to any establishment covered by this Act,
10 a comprehensive assessment that includes an evaluation of the
11 prospective resident's physical, cognitive, and psychosocial
12 condition shall be completed. At least annually, a
13 comprehensive assessment shall be completed, and upon
14 identification of a significant change in the resident's
15 condition, the resident shall be reassessed. The Department
16 may by rule specify circumstances under which more frequent
17 assessments of skin integrity and nutritional status shall be
18 required. The comprehensive assessment shall be completed by
19 a physician. Based on the assessment, a written service plan
20 shall be developed and mutually agreed upon by the provider
21 and the resident. The service plan, which shall be reviewed
22 annually, or more often as the resident's condition,
23 preferences, or service needs change, shall serve as a basis
24 for the service delivery contract between the provider and
25 the resident. Based on the assessment, the service plan may
26 provide for the disconnection or removal of any appliance.
27 Section 20. Construction and operating standards. The
28 Department, in consultation with the Advisory Board, shall
29 prescribe minimum standards for establishments. These
30 standards shall include:
31 (1) the location and construction of the
32 establishment, including plumbing, heating, lighting,
33 ventilation, and other physical conditions which shall
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1 ensure the health, safety, and comfort of residents and
2 their protection from fire hazards; these standards shall
3 include, at a minimum, compliance with the residential
4 board and care occupancies chapter of the National Fire
5 Protection Association's Life Safety Code, local and
6 State building codes for the building type, and
7 accessibility standards of the Americans with
8 Disabilities Act;
9 (2) the number and qualifications of all personnel
10 having responsibility for any part of the services
11 provided for residents;
12 (3) all sanitary conditions within the
13 establishment and its surroundings, including water
14 supply, sewage disposal, food handling, infection
15 control, and general hygiene, which shall ensure the
16 health and comfort of residents;
17 (4) a program for adequate maintenance of physical
18 plant and equipment;
19 (5) adequate accommodations, staff, and services
20 for the number and types of residents for whom the
21 establishment is licensed;
22 (6) the development of evacuation and other
23 appropriate safety plans for use during weather, health,
24 fire, physical plant, environmental, and national defense
25 emergencies; and
26 (7) the maintenance of minimum financial and other
27 resources necessary to meet the standards established
28 under this Section and to operate the establishment in
29 accordance with this Act.
30 Section 25. License requirement. No person may
31 establish, operate, maintain, or offer an establishment as an
32 assisted living establishment or shared housing establishment
33 as defined by the Act within this State unless and until he
34 or she obtains a valid license, which remains unsuspended,
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1 unrevoked, and unexpired. No public official or employee may
2 place any person in, or recommend that any person be placed
3 in, or directly or indirectly cause any person to be placed
4 in any establishment that is being operated without a valid
5 license. An entity that operates as an assisted living or
6 shared housing establishment as defined by this Act without a
7 license shall be subject to the provisions, including
8 penalties, of the Nursing Home Care Act. No entity shall use
9 in its name or advertise "assisted living" unless licensed as
10 an assisted living establishment under this Act or as a
11 shelter care facility under the Nursing Home Care Act that
12 also meets the definition of an assisted living establishment
13 under this Act, except a shared housing establishment
14 licensed under this Act may advertise assisted living
15 services.
16 Section 30. Licensing.
17 (a) The Department, in consultation with the Advisory
18 Board, shall establish by rule forms, procedures, and fees
19 for the annual licensing of assisted living and shared
20 housing establishments; shall establish and enforce sanctions
21 and penalties for operating in violation of this Act, as
22 provided in Section 135 of this Act and rules adopted under
23 Section 110 of this Act. The Department shall conduct an
24 annual on-site review for each establishment covered by this
25 Act, which shall include, but not be limited to, compliance
26 with this Act and rules adopted hereunder, focus on solving
27 resident issues and concerns, and the quality improvement
28 process implemented by the establishment to address resident
29 issues. The quality improvement process implemented by the
30 establishment must benchmark performance, be customer
31 centered, be data driven, and focus on resident satisfaction.
32 (b) An establishment shall provide the following
33 information to the Department to be considered for licensure:
34 (1) the business name, street address, mailing
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1 address, and telephone number of the establishment;
2 (2) the name and mailing address of the owner or
3 owners of the establishment and if the owner or owners
4 are not natural persons, identification of the type of
5 business entity of the owners, and the names and
6 addresses of the officers and members of the governing
7 body, or comparable persons for partnerships, limited
8 liability companies, or other types of business
9 organizations;
10 (3) financial information, content and form to be
11 determined by rules which may provide different standards
12 for assisted living establishments and shared housing
13 establishments, establishing that the project is
14 financially feasible;
15 (4) the name and mailing address of the managing
16 agent of the establishment, whether hired under a
17 management agreement or lease agreement, if different
18 from the owner or owners, and the name of the full-time
19 director;
20 (5) verification that the establishment has
21 entered or will enter into a service delivery contract as
22 provided in Section 90, as required under this Act, with
23 each resident or resident's representative;
24 (6) the name and address of at least one natural
25 person who shall be responsible for dealing with the
26 Department on all matters provided for in this Act, on
27 whom personal service of all notices and orders shall be
28 made, and who shall be authorized to accept service on
29 behalf of the owner or owners and the managing agent.
30 Notwithstanding a contrary provision of the Code of Civil
31 Procedure, personal service on the person identified
32 pursuant to this subsection shall be considered service
33 on the owner or owners and the managing agent, and it
34 shall not be a defense to any action that personal
35 service was not made on each individual or entity;
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1 (7) the signature of the authorized representative
2 of the owner or owners;
3 (8) proof of an ongoing quality improvement program
4 in accordance with rules adopted by the Department in
5 collaboration with the Advisory Board;
6 (9) information about the number and types of
7 units, the maximum census, and the services to be
8 provided at the establishment, proof of compliance with
9 applicable State and local residential standards, and a
10 copy of the standard contract offered to residents;
11 (10) documentation of adequate liability insurance;
12 and
13 (11) other information necessary to determine the
14 identity and qualifications of an applicant or licensee
15 to operate an establishment in accordance with this Act
16 as required by the Department by rule.
17 (c) The information in the statement of ownership shall
18 be public information and shall be available from the
19 Department.
20 Section 35. Issuance of license.
21 (a) Upon receipt and review of an application for a
22 license and review of the applicant establishment, the
23 Director may issue a license if he or she finds:
24 (1) that the individual applicant, or the
25 corporation, partnership, or other entity if the
26 applicant is not an individual, is a person responsible
27 and suitable to operate or to direct or participate in
28 the operation of an establishment by virtue of financial
29 capacity, appropriate business or professional
30 experience, a record of lawful compliance with lawful
31 orders of the Department and lack of revocation of a
32 license issued under this Act or the Nursing Home Care
33 Act during the previous 5 years;
34 (2) that the establishment is under the supervision
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1 of a full-time director who is at least 21 years of age
2 with ability, training, and education appropriate to meet
3 the needs of the residents and to manage the operations
4 of the establishment and who participates in ongoing
5 training for these purposes;
6 (3) that the establishment has staff sufficient in
7 number with qualifications, adequate skills, education,
8 and experience to meet the 24 hour scheduled and
9 unscheduled needs of residents and who participate in
10 ongoing training to serve the resident population;
11 (4) that direct care staff meet the requirements of
12 the Health Care Worker Background Check Act;
13 (5) that the applicant is in substantial compliance
14 with this Act and such other requirements for a license
15 as the Department by rule may establish under this Act;
16 (6) that the applicant pays all required fees;
17 (7) that the applicant has provided to the
18 Department an accurate disclosure document in accordance
19 with the Alzheimer's Special Care Disclosure Act.
20 Any license issued by the Director shall state the
21 physical location of the establishment, the date the license
22 was issued, and the expiration date. All licenses shall be
23 valid for one year, except as provided in Section 40. Each
24 license shall be issued only for the premises and persons
25 named in the application, and shall not be transferable or
26 assignable.
27 Section 40. Probationary licenses. If the applicant
28 has not been previously licensed under this Act or if the
29 establishment is not in operation at the time the application
30 is made, the Department may issue a probationary license. A
31 probationary license shall be valid for 120 days unless
32 sooner suspended or revoked. Within 30 days prior to the
33 termination of a probationary license, the Department shall
34 fully and completely review the establishment and, if the
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1 establishment meets the applicable requirements for
2 licensure, shall issue a license. If the Department finds
3 that the establishment does not meet the requirements for
4 licensure, but has made substantial progress toward meeting
5 those requirements, the license may be renewed once for a
6 period not to exceed 120 days from the expiration date of the
7 initial probationary license.
8 Section 45. Renewal of licenses. At least 120 days,
9 but not more than 150 days prior to license expiration, the
10 licensee shall submit an application for renewal of the
11 license in such form and containing such information as the
12 Department requires. If the application is approved, the
13 license shall be renewed for an additional one-year period.
14 If appropriate, the renewal application shall not be approved
15 unless the applicant has provided to the Department an
16 accurate disclosure document in accordance with the
17 Alzheimer's Special Care Disclosure Act. If the application
18 for renewal is not timely filed, the Department shall so
19 inform the licensee.
20 Section 50. Transfer of ownership.
21 (a) Whenever ownership of an establishment is
22 transferred from the person named in the license to any other
23 person, the transferee must obtain a new probationary
24 license. The transferee shall notify the Department of the
25 transfer and apply for a new license at least 30 days prior
26 to final transfer.
27 (b) The transferor shall notify the Department at least
28 30 days prior to final transfer. The transferor shall remain
29 responsible for the operation of the establishment until such
30 time as a license is issued to the transferee.
31 Section 55. Grounds for denial of a license. An
32 application for a license may be denied for any of the
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1 following reasons:
2 (1) failure to meet any of the standards set forth
3 in this Act or by rules adopted by the Department under
4 this Act;
5 (2) conviction of the applicant, or if the
6 applicant is a firm, partnership, or association, of any
7 of its members, or if a corporation, the conviction of
8 the corporation or any of its officers or stockholders,
9 or of the person designated to manage or supervise the
10 establishment, of a felony or of 2 or more misdemeanors
11 involving moral turpitude during the previous 5 years as
12 shown by a certified copy of the record of the court of
13 conviction;
14 (3) personnel insufficient in number or unqualified
15 by training or experience to properly care for the
16 residents;
17 (4) insufficient financial or other resources to
18 operate and conduct the establishment in accordance with
19 standards adopted by the Department under this Act;
20 (5) revocation of a license during the previous 5
21 years, if such prior license was issued to the individual
22 applicant, a controlling owner or controlling combination
23 of owners of the applicant; or any affiliate of the
24 individual applicant or controlling owner of the
25 applicant and such individual applicant, controlling
26 owner of the applicant or affiliate of the applicant was
27 a controlling owner of the prior license; provided,
28 however, that the denial of an application for a license
29 pursuant to this Section must be supported by evidence
30 that the prior revocation renders the applicant
31 unqualified or incapable of meeting or maintaining an
32 establishment in accordance with the standards and rules
33 adopted by the Department under this Act; or
34 (6) the establishment is not under the direct
35 supervision of a full-time director, as defined by rule.
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1 Section 60. Notice of denial; request for hearing;
2 hearing.
3 (a) Immediately upon the denial of any application or
4 reapplication for a license under this Act, the Department
5 shall notify the applicant in writing. Notice of denial
6 shall include a clear and concise statement of the violations
7 of this Act on which the denial is based and notice of the
8 opportunity for a hearing. If the applicant or licensee
9 wishes to contest the denial of a license, it shall provide
10 written notice to the Department of a request for a hearing
11 within 10 days after receipt of the notice of denial. The
12 Department shall commence a hearing under this Section.
13 (b) A request for a hearing by aggrieved persons shall
14 be taken to the Department as follows:
15 (1) Upon the receipt of a request in writing for a
16 hearing, the Director or a person designated in writing
17 by the Director to act as a hearing officer shall conduct
18 a hearing to review the decision.
19 (2) Before the hearing is held notice of the
20 hearing shall be sent by the Department to the person
21 making the request for the hearing and to the person
22 making the decision which is being reviewed. In the
23 notice the Department shall specify the date, time, and
24 place of the hearing, which shall be held not less than
25 10 days after the notice is mailed or delivered. The
26 notice shall designate the decision being reviewed. The
27 notice may be served by delivering it personally to the
28 parties or their representatives or by mailing it by
29 certified mail to the parties' addresses.
30 (3) The Department shall commence the hearing
31 within 30 days after the receipt of request for hearing.
32 The hearing shall proceed as expeditiously as
33 practicable, but in all cases shall conclude within 90
34 days after commencement.
35 (c) The Director or hearing officer shall permit any
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1 party to appear in person and to be represented by counsel at
2 the hearing, at which time the applicant or licensee shall be
3 afforded an opportunity to present all relevant matter in
4 support of his or her position. In the event of the
5 inability of any party or the Department to procure the
6 attendance of witnesses to give testimony or produce books
7 and papers, any party or the Department may take the
8 deposition of witnesses in accordance with the provisions of
9 the laws of this State. All testimony shall be reduced to
10 writing, and all testimony and other evidence introduced at
11 the hearing shall be a part of the record of the hearing.
12 (d) The Director or hearing officer shall make findings
13 of fact in the hearing, and the Director shall render his or
14 her decision within 30 days after the termination of the
15 hearing, unless additional time not to exceed 90 days is
16 required by him or her for a proper disposition of the
17 matter. When the hearing has been conducted by a hearing
18 officer, the Director shall review the record and findings of
19 fact before rendering a decision. All decisions rendered by
20 the Director shall be binding upon and complied with by the
21 Department, the establishment, or the persons involved in the
22 hearing, as appropriate to each case.
23 Section 65. Revocation, suspension, or refusal to renew
24 license.
25 (a) The Department, after notice to the applicant or
26 licensee, may suspend, revoke, or refuse to renew a license
27 in any case in which the Department finds any of the
28 following:
29 (1) that there has been a substantial failure to
30 comply with this Act or the rules promulgated by the
31 Department under this Act;
32 (2) that there has been a conviction of the
33 licensee, or of the person designated to manage or
34 supervise the establishment, of a felony or of 2 or more
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1 misdemeanors involving moral turpitude during the
2 previous 5 years as shown by a certified copy of the
3 record of the court of conviction;
4 (3) that the personnel is insufficient in number or
5 unqualified by training or experience to properly care
6 for the number and type of residents served by the
7 establishment;
8 (4) that the financial or other resources are
9 insufficient to conduct and operate the establishment in
10 accordance with standards promulgated by the Department
11 under this Act; or
12 (5) that the establishment is not under the direct
13 supervision of a full-time director, as defined by rule.
14 (b) Notice under this Section shall include a clear and
15 concise statement of the violations on which the nonrenewal
16 or revocation is based, the statute or rule violated, and
17 notice of the opportunity for a hearing under Section 60.
18 (c) If an establishment desires to contest the
19 nonrenewal or revocation of a license, the establishment
20 shall, within 10 days after receipt of notice under
21 subsection (b) of this Section, notify the Department in
22 writing of its request for a hearing under Section 60. Upon
23 receipt of the request the Department shall send notice to
24 the establishment and hold a hearing as provided under
25 Section 60.
26 (d) The effective date of nonrenewal or revocation of a
27 license by the Department shall be any of the following:
28 (1) until otherwise ordered by the circuit court,
29 revocation is effective on the date set by the Department
30 in the notice of revocation, or upon final action after
31 hearing under Section 60, whichever is later;
32 (2) until otherwise ordered by the circuit court,
33 nonrenewal is effective on the date of expiration of any
34 existing license, or upon final action after hearing
35 under Section 60, whichever is later; however, a license
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1 shall not be deemed to have expired if the Department
2 fails to timely respond to a timely request for renewal
3 under this Act or for a hearing to contest nonrenewal; or
4 (3) the Department may extend the effective date of
5 license revocation or expiration in any case in order to
6 permit orderly removal and relocation of residents.
7 (e) The Department may refuse to issue or may suspend
8 the license of any person who fails to file a return, or to
9 pay the tax, penalty or interest shown in a filed return, or
10 to pay any final assessment of tax, penalty or interest, as
11 required by any tax Act administered by the Illinois
12 Department of Revenue, until such time as the requirements of
13 any such tax Act are satisfied.
14 Section 70. Service requirements. An establishment must
15 provide all mandatory services and may provide optional
16 services, including medication reminders, supervision of
17 self-administered medication and medication administration as
18 defined by this Section and nonmedical services defined by
19 rule, whether provided directly by the establishment or by
20 another entity arranged for by the establishment with the
21 consent of the resident or the resident's representative.
22 For the purposes of this Section, "medication reminders"
23 means reminding residents to take pre-dispensed,
24 self-administered medication, observing the resident, and
25 documenting whether or not the resident took the medication.
26 For the purposes of this Section, "supervision of
27 self-administered medication" means assisting the resident
28 with self-administered medication using any combination of
29 the following: reminding residents to take medication,
30 reading the medication label to residents, checking the
31 self-administered medication dosage against the label of the
32 medication, confirming that residents have obtained and are
33 taking the dosage as prescribed, and documenting in writing
34 that the resident has taken (or refused to take) the
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1 medication. If residents are physically unable to open the
2 container, the container may be opened for them. Supervision
3 of self-administered medication shall be under the direction
4 of a licensed health care professional.
5 For the purposes of this Section, "medication
6 administration" refers to a licensed health care professional
7 employed by an establishment engaging in administering
8 routine insulin and vitamin B-12 injections, oral
9 medications, topical treatments, eye and ear drops, or
10 nitroglycerin patches. Non-licensed staff may not administer
11 any medication.
12 The Department shall specify by rule procedures for
13 medication reminders, supervision of self-administered
14 medication, and medication administration.
15 Nothing in this Act shall preclude a physician licensed
16 to practice medicine in all its branches from providing
17 services to any resident.
18 Section 75. Residency Requirements.
19 (a) No individual shall be accepted for residency or
20 remain in residence if the establishment cannot provide or
21 secure appropriate services, if the individual requires a
22 level of service or type of service for which the
23 establishment is not licensed or which the establishment does
24 not provide, or if the establishment does not have the staff
25 appropriate in numbers and with appropriate skill to provide
26 such services.
27 (b) Only adults may be accepted for residency.
28 (c) A person shall not be accepted for residency if:
29 (1) the person poses a serious threat to himself or
30 herself or to others;
31 (2) the person is not able to communicate his or
32 her needs and no resident representative residing in the
33 establishment, and with a prior relationship to the
34 person, has been appointed to direct the provision of
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1 services;
2 (3) the person requires total assistance with 2 or
3 more activities of daily living;
4 (4) the person requires the assistance of more than
5 one paid caregiver at any given time with an activity of
6 daily living;
7 (5) the person requires more than minimal
8 assistance in moving to a safe area in an emergency;
9 (6) the person has a severe mental illness, which
10 for the purposes of this Section means a condition that
11 is characterized by the presence of a major mental
12 disorder as classified in the Diagnostic and Statistical
13 Manual of Mental Disorders, Fourth Edition (DSM-IV)
14 (American Psychiatric Association, 1994), where the
15 individual is substantially disabled due to mental
16 illness in the areas of self-maintenance, social
17 functioning, activities of community living and work
18 skills, and the disability specified is expected to be
19 present for a period of not less than one year, but does
20 not mean Alzheimer's disease and other forms of dementia
21 based on organic or physical disorders;
22 (7) the person requires intravenous therapy or
23 intravenous feedings unless self-administered or
24 administered by a qualified, licensed health care
25 professional;
26 (8) the person requires gastrostomy feedings unless
27 self-administered or administered by a licensed health
28 care professional;
29 (9) the person requires insertion, sterile
30 irrigation, and replacement of catheter, except for
31 routine maintenance of urinary catheters, unless the
32 catheter care is self-administered or administered by a
33 licensed health care professional;
34 (10) the person requires sterile wound care unless
35 care is self-administered or administered by a licensed
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1 health care professional;
2 (11) the person requires sliding scale insulin
3 administration unless self-performed or administered by a
4 licensed health care professional;
5 (12) the person is a diabetic requiring routine
6 insulin injections unless the injections are
7 self-administered or administered by a licensed health
8 care professional;
9 (13) the person requires treatment of stage 3 or
10 stage 4 decubitus ulcers or exfoliative dermatitis;
11 (14) the person requires 5 or more skilled nursing
12 visits per week for conditions other than those listed in
13 items (13) and (15) of this subsection for a period of 3
14 consecutive weeks or more except when the course of
15 treatment is expected to extend beyond a 3 week period
16 for rehabilitative purposes and is certified as temporary
17 by a physician; or
18 (15) other reasons prescribed by the Department by
19 rule.
20 (d) A resident with a condition listed in items (1)
21 through (15) of subsection (c) shall have his or her
22 residency terminated.
23 (e) Residency shall be terminated when services
24 available to the resident in the establishment are no longer
25 adequate to meet the needs of the resident. This provision
26 shall not be interpreted as limiting the authority of the
27 Department to require the residency termination of
28 individuals.
29 (f) Subsection (d) of this Section shall not apply to
30 terminally ill residents who receive or would qualify for
31 hospice care coordinated by a hospice licensed under the
32 Hospice Program Licensing Act or other licensed health care
33 professional employed by a licensed home health agency and
34 the establishment and all parties agree to the continued
35 residency.
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1 (g) Items (3), (4), (5), and (9) of subsection (c) shall
2 not apply to a quadriplegic, paraplegic, or individual with
3 neuro-muscular diseases, such as muscular dystrophy and
4 multiple sclerosis, or other chronic diseases and conditions
5 as defined by rule if the individual is able to communicate
6 his or her needs and does not require assistance with complex
7 medical problems, and the establishment is able to
8 accommodate the individual's needs. The Department shall
9 prescribe rules pursuant to this Section that address special
10 safety and service needs of these individuals.
11 (h) For the purposes of items (7) through (11) of
12 subsection (c), a licensed health care professional may not
13 be employed by the establishment. An agency or entity
14 employing licensed health care professionals that has common
15 ownership with an establishment shall not exclusively market
16 services to that establishment. Nothing in this Section is
17 meant to limit a resident's right to choose his or her health
18 care provider.
19 Section 80. Involuntary termination of residency.
20 (a) Residency shall be involuntarily terminated only for
21 the following reasons:
22 (1) as provided in Section 75 of this Act;
23 (2) nonpayment of contracted charges after the
24 resident and the resident's representative have received
25 a minimum of 30-days written notice of the delinquency
26 and the resident or the resident's representative has had
27 at least 15 days to cure the delinquency; or
28 (3) failure to execute a service delivery contract
29 or to substantially comply with its terms and conditions,
30 failure to comply with the assessment requirements
31 contained in Section 15, or failure to substantially
32 comply with the terms and conditions of the lease
33 agreement.
34 (b) A 30 day written notice of residency termination
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1 shall be provided to the resident, the resident's
2 representative, or both, and the long term care ombudsman,
3 which shall include the reason for the pending action, the
4 date of the proposed move, and a notice, the content and form
5 to be set forth by rule, of the resident's right to appeal,
6 the steps that the resident or the resident's representative
7 must take to initiate an appeal, and a statement of the
8 resident's right to continue to reside in the establishment
9 until a decision is rendered. The notice shall include a
10 toll free telephone number to initiate an appeal and a
11 written hearing request form, together with a postage paid,
12 pre-addressed envelope to the Department. If the resident or
13 the resident's representative, if any, cannot read English,
14 the notice must be provided in a language the individual
15 receiving the notice can read or the establishment must
16 provide a translator who has been trained to assist the
17 resident or the resident's representative in the appeal
18 process. In emergency situations as defined in Section 10 of
19 this Act, the 30-day provision of the written notice may be
20 waived.
21 (c) The establishment shall attempt to resolve with the
22 resident or the resident's representative, if any,
23 circumstances that if not remedied have the potential of
24 resulting in an involuntary termination of residency and
25 shall document those efforts in the resident's file. This
26 action may occur prior to or during the 30 day notice period,
27 but must occur prior to the termination of the residency. In
28 emergency situations as defined in Section 10 of this Act,
29 the requirements of this subsection may be waived.
30 (d) A request for a hearing shall stay an involuntary
31 termination of residency until a decision has been rendered
32 by the Department, according to a process adopted by rule.
33 During this time period, the establishment may not terminate
34 or reduce any service for the purpose of making it more
35 difficult or impossible for the resident to remain in the
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1 establishment.
2 (e) The establishment shall offer the resident and the
3 resident's representative, if any, residency termination and
4 relocation assistance including information on available
5 alternative placement. Residents shall be involved in
6 planning the move and shall choose among the available
7 alternative placements except when an emergency situation
8 makes prior resident involvement impossible. Emergency
9 placements are deemed temporary until the resident's input
10 can be sought in the final placement decision. No resident
11 shall be forced to remain in a temporary or permanent
12 placement.
13 (f) The Department may offer assistance to the
14 establishment and the resident in the preparation of
15 residency termination and relocation plans to assure safe and
16 orderly transition and to protect the resident's health,
17 safety, welfare, and rights. In nonemergencies, and where
18 possible in emergencies, the transition plan shall be
19 designed and implemented in advance of transfer or residency
20 termination.
21 Section 85. Contract requirements. No entity may
22 establish, operate, conduct, or maintain an establishment in
23 this State unless a written service delivery contract is
24 executed between the establishment and each resident or
25 resident's representative in accordance with Section 90 and
26 unless the establishment operates in accordance with the
27 terms of the contract. The resident or the resident's
28 representative shall be given a complete copy of the contract
29 and all supporting documents and attachments and any changes
30 whenever changes are made. If the resident does not
31 understand English and if translated documents are not
32 available, the establishment must explain its policies to a
33 responsible relative or friend or another individual who has
34 agreed to communicate the information to the resident.
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1 Section 90. Contents of service delivery contract. A
2 contract between an establishment and a resident must be
3 entitled "assisted living establishment contract" or "shared
4 housing establishment contract" as applicable, shall be
5 printed in no less than 12 point type, and shall include at
6 least the following elements in the body or through
7 supporting documents or attachments:
8 (1) the name, street address, and mailing address
9 of the establishment;
10 (2) the name and mailing address of the owner or
11 owners of the establishment and, if the owner or owners
12 are not natural persons, the type of business entity of
13 the owner or owners;
14 (3) the name and mailing address of the managing
15 agent of the establishment, whether hired under a
16 management agreement or lease agreement, if the managing
17 agent is different from the owner or owners;
18 (4) the name and address of at least one natural
19 person who is authorized to accept service on behalf of
20 the owners and managing agent;
21 (5) a statement describing the license status of
22 the establishment and the license status of all providers
23 of health-related or supportive services to a resident
24 under arrangement with the establishment;
25 (6) the duration of the contract;
26 (7) the base rate to be paid by the resident and a
27 description of the services to be provided as part of
28 this rate;
29 (8) a description of any additional services to be
30 provided for an additional fee by the establishment
31 directly or by a third party provider under arrangement
32 with the establishment;
33 (9) the fee schedules outlining the cost of any
34 additional services;
35 (10) a description of the process through which the
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1 contract may be modified, amended, or terminated;
2 (11) a description of the establishment's complaint
3 resolution process available to residents and notice of
4 the availability of the Department on Aging's Senior
5 Helpline for complaints;
6 (12) the name of the resident's designated
7 representative, if any;
8 (13) the resident's obligations in order to
9 maintain residency and receive services including
10 compliance with all assessments required under Section
11 15;
12 (14) the billing and payment procedures and
13 requirements;
14 (15) a statement affirming the resident's freedom
15 to receive services from service providers with whom the
16 establishment does not have a contractual arrangement,
17 which may also disclaim liability on the part of the
18 establishment for those services;
19 (16) a statement that medical assistance under
20 Article V or Article VI of the Illinois Public Aid Code
21 is not available for payment for services provided in an
22 establishment;
23 (17) a statement detailing the admission, risk
24 management, and residency termination criteria and
25 procedures;
26 (18) a statement listing the rights specified in
27 Section 95 and acknowledging that, by contracting with
28 the assisted living or shared housing establishment, the
29 resident does not forfeit those rights; and
30 (19) a statement detailing the Department's annual
31 on-site review process including what documents contained
32 in a resident's personal file shall be reviewed by the
33 on-site reviewer as defined by rule.
34 Section 95. Resident rights. No resident shall be
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1 deprived of any rights, benefits, or privileges guaranteed by
2 law, the Constitution of the State of Illinois, or the
3 Constitution of the United States solely on account of his or
4 her status as a resident of an establishment, nor shall a
5 resident forfeit any of the following rights:
6 (1) the right to retain and use personal property
7 and a place to store personal items that is locked and
8 secure;
9 (2) the right to refuse services and to be advised
10 of the consequences of that refusal;
11 (3) the right to respect for bodily privacy and
12 dignity at all times, especially during care and
13 treatment;
14 (4) the right to the free exercise of religion;
15 (5) the right to privacy with regard to mail, phone
16 calls, and visitors;
17 (6) the right to uncensored access to the State
18 Ombudsman or his or her designee;
19 (7) the right to be free of retaliation for
20 criticizing the establishment or making complaints to
21 appropriate agencies;
22 (8) the right to be free of chemical and physical
23 restraints;
24 (9) the right to be free of abuse or neglect or to
25 refuse to perform labor;
26 (10) the right to confidentiality of the resident's
27 medical records;
28 (11) the right of access and the right to copy the
29 resident's personal files maintained by the
30 establishment;
31 (12) the right to 24 hours access to the
32 establishment;
33 (13) the right to a minimum of 90-days notice of a
34 planned establishment closure;
35 (14) the right to a minimum of 30-days notice of an
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1 involuntary residency termination, except where the
2 resident poses a threat to himself or others, or in other
3 emergency situations, and the right to appeal such
4 termination; and
5 (15) the right to a 30-day notice of delinquency
6 and at least 15 days right to cure delinquency.
7 Section 100. Notice of closure. An owner of an
8 establishment licensed under this Act shall give 90 days
9 notice prior to voluntarily closing the establishment or
10 prior to closing any part of the establishment if closing the
11 part will require residency termination. The notice shall be
12 given to the Department, to any resident who must have their
13 residency terminated, the resident's representative, and to a
14 member of the resident's family, where practicable. The
15 notice shall state the proposed date of closing and the
16 reason for closing. The establishment shall offer to assist
17 the resident in securing an alternative placement and shall
18 advise the resident on available alternatives. Where the
19 resident is unable to choose an alternative placement and is
20 not under guardianship, the Department shall be notified of
21 the need for relocation assistance. The establishment shall
22 comply with all applicable laws and rules until the date of
23 closing, including those related to residency termination.
24 Section 105. Record retention. Service delivery
25 contracts and related documents executed by each resident or
26 resident's representative shall be maintained by an
27 establishment subject to this Act from the date of execution
28 until 3 years after the contract is terminated. The
29 establishment shall also maintain and retain records to
30 support compliance with each individual contract and with
31 applicable federal and State rules. The records and
32 supporting documents, as defined by rule, shall be made
33 available for on-site inspection by the Department upon
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1 request at any time.
2 Section 110. Powers and duties of the Department.
3 (a) The Department shall conduct an annual unannounced
4 on-site visit at each assisted living and shared housing
5 establishment to determine compliance with applicable
6 licensure requirements and standards. Additional visits may
7 be conducted without prior notice to the assisted living or
8 shared housing establishment.
9 (b) Upon receipt of information that may indicate the
10 failure of the assisted living or shared housing
11 establishment or a service provider to comply with a
12 provision of this Act, the Department shall investigate the
13 matter or make appropriate referrals to other government
14 agencies and entities having jurisdiction over the subject
15 matter of the possible violation. The Department may also
16 make referrals to any public or private agency that the
17 Department considers available for appropriate assistance to
18 those involved. The Department may oversee and coordinate the
19 enforcement of State consumer protection policies affecting
20 residents residing in an establishment licensed under this
21 Act.
22 (c) The Department shall establish by rule complaint
23 receipt, investigation, resolution, and involuntary
24 residency termination procedures. Resolution procedures
25 shall provide for on-site review and evaluation of an
26 assisted living or shared housing establishment found to be
27 in violation of this Act within a specified period of time
28 based on the gravity and severity of the violation and any
29 pervasive pattern of occurrences of the same or similar
30 violations.
31 (d) The Director shall establish an Assisted Living and
32 Shared Housing Advisory Board.
33 (e) The Department shall by rule establish penalties and
34 sanctions, which shall include, but need not be limited to,
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1 the creation of a schedule of graduated penalties and
2 sanctions to include closure.
3 (f) The Department shall by rule establish procedures
4 for disclosure of information to the public, which shall
5 include, but not be limited to, ownership, licensure status,
6 frequency of complaints, disposition of substantiated
7 complaints, and disciplinary actions.
8 (g) The Department shall cooperate with, seek the advice
9 of, and collaborate with the Assisted Living and Shared
10 Housing Quality of Life Advisory Committee in the Department
11 on Aging on matters related to the responsibilities of the
12 Committee. Consistent with subsection (d) of Section 125,
13 the Department shall provide to the Department on Aging for
14 distribution to the committee copies of all administrative
15 rules and changes to administrative rules for review and
16 comment prior to notice being given to the public. If the
17 Committee, having been asked for its review, fails to respond
18 within 90 days, the rules shall be considered acted upon.
19 (h) Beginning January 1, 2000, the Department shall
20 begin drafting rules necessary for the administration of this
21 Act.
22 Section 115. Reports and access to information. The
23 Department may require periodic reports and shall have access
24 to and may reproduce or photocopy at its cost any books,
25 records or other documents maintained by the establishment to
26 the extent necessary to carry out this Act and shall not
27 divulge or disclose the contents of a resident's record
28 obtained under this Section in violation of this Act.
29 Section 120. Consent to review. A licensee or applicant
30 for a license shall be deemed to have given consent to any
31 authorized officer, employee, or agent of the Department to
32 enter and review the establishment in accordance with this
33 Act, except that entrance to individual rooms shall only be
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1 given with the consent of the resident or the resident's
2 representative. Refusal to permit entry or review shall
3 constitute grounds for denial, nonrenewal, or revocation of a
4 license.
5 Section 125. Assisted Living and Shared Housing Advisory
6 Board.
7 (a) The Director shall appoint the Assisted Living and
8 Shared Housing Advisory Board which shall be responsible for
9 advising the Director in all aspects of the administration of
10 the Act.
11 (b) The Board shall be comprised of the following
12 persons:
13 (1) the Director who shall serve as chair, ex
14 officio and nonvoting;
15 (2) the Director of Aging who shall serve as
16 vice-chair, ex officio and nonvoting;
17 (3) one representative each of the Departments of
18 Public Health, Public Aid, and Human Services, the
19 Department on Aging, the Office of the State Fire
20 Marshal, and the Illinois Housing Development Authority,
21 all nonvoting members;
22 (4) the State Ombudsman or his or her designee;
23 (5) one representative of the Association of Area
24 Agencies on Aging;
25 (6) four members selected from the recommendations
26 by provider organizations whose membership consist of
27 nursing care or assisted living establishments;
28 (7) one member selected from the recommendations of
29 provider organizations whose membership consists of home
30 health agencies;
31 (8) two residents of assisted living or shared
32 housing establishments;
33 (9) three members selected from the
34 recommendations of consumer organizations which engage
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1 solely in advocacy or legal representation on behalf of
2 the senior population;
3 (10) one member who shall be a physician;
4 (11) one member who shall be a registered
5 professional nurse selected from the recommendations of
6 professional nursing associations; and
7 (12) two citizen members with expertise in the area
8 of gerontology research or legal research regarding
9 implementation of assisted living statutes.
10 (c) Members of the Board created by this Act shall be
11 appointed to serve for terms of 3 years. All members shall be
12 appointed no sooner than January 1, 2000 and no later than
13 March 1, 2000. One third of the Board members' initial terms
14 shall expire in one year; one third in 2 years, and one third
15 in 3 years. A member's term does not expire until a
16 successor is appointed by the Director. Any member
17 appointed to fill a vacancy occurring prior to the expiration
18 of the term for which his or her predecessor was appointed
19 shall be appointed for the remainder of that term. The Board
20 shall meet at the call of the Director. The affirmative vote
21 of 9 members of the Board shall be necessary for Board
22 action. Members of this Board shall receive no compensation
23 for their services, however, resident members shall be
24 reimbursed for their actual expenses.
25 (d) The Board shall be provided copies of all
26 administrative rules and changes to administrative rules for
27 review and comment prior to notice being given to the public.
28 If the Board, having been asked for its review, fails to
29 advise the Department within 90 days, the rules shall be
30 considered acted upon.
31 Section 130. Assisted Living and Shared Housing Quality
32 of Life Advisory Committee.
33 (a) For the purpose of this Section only, "Department"
34 means the Department on Aging and "Director" means the
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1 Director of Aging.
2 (b) There shall be established within the Department on
3 Aging the Assisted Living and Shared Housing Quality of Life
4 Advisory Committee. The committee shall give advice to the
5 Department on activities of the assisted living ombudsman and
6 all other matters deemed relevant by the Director and to the
7 Director of Public Health on the delivery of personal care
8 services, the unique needs and concerns of seniors residing
9 in housing projects, and all other issues affecting the
10 quality of life of residents. At least 3 members of the
11 committee must serve on the Assisted Living and Shared
12 Housing Advisory Board. The committee shall be comprised of
13 19 members appointed by the Director and composed of the
14 following persons or their designees: the State Ombudsman;
15 the Director of the Division of Long Term Care; the Director
16 of the Division of Older American Services; one member
17 representing the Department of Public Health; one member
18 representing the Area Agencies on Aging; one member
19 representing agencies providing case coordination services; 3
20 members each representing different provider organizations
21 whose membership consists of residential facilities serving
22 seniors; 2 members representing providers of community care
23 services; one member representing the Community Based
24 Residential Facility projects; one member representing the
25 Department of Public Aid's Supportive Living Facilities; two
26 residents of assisted living or shared housing
27 establishments; 2 members representing consumer groups that
28 engage solely in advocacy or legal representation on behalf
29 of the senior population; and 2 citizen members with
30 expertise in either gerontology research or legal research
31 regarding the implementation of assisted living statutes.
32 The Director or his or her designee shall serve as the ex
33 officio and nonvoting chair. The Director of Public Health
34 or his or her designee shall serve as the ex officio and
35 nonvoting vice-chair. A quorum shall consist of 10 voting
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1 members and all decisions shall be made by simple majority.
2 Members of the committee shall serve for 3 years or until a
3 replacement has been named. Initial appointments shall have
4 staggered terms to permit no more than one-third of the
5 committee to be reappointed each year. Members of the
6 committee shall not receive compensation for their services
7 or expenses, except resident members, who shall be reimbursed
8 for actual expenses. The committee shall review and comment
9 on proposed rules to be promulgated pursuant to this Act by
10 the Director or the Director of Public Health. The Director
11 of Public Health shall provide copies of rules pursuant to
12 subsection (h) of Section 110. The Director shall provide
13 the committee copies of all administrative rules and changes
14 to administrative rules for review and comment prior to
15 notice being given to the public. If the committee, having
16 been asked for its review, fails to respond within 90 days,
17 the rules shall be considered acted upon.
18 (c) The Department shall conduct a study or contract for
19 the conducting of a study to review the effects of this Act
20 on the availability of housing for seniors. The study shall
21 evaluate whether (i) sufficient housing exists to meet the
22 needs of Illinois seniors for housing, (ii) the services
23 available under this Act meet the needs of Illinois seniors,
24 (iii) the private sector marketplace is an adequate supplier
25 of housing with services for seniors, and (iv) any other
26 consideration the Department and the Department of Public
27 Health deem relevant. The Department of Public Health
28 Assisted Living and Shared Housing Advisory Board shall serve
29 in an advisory capacity to the Department and the Committee
30 in the development of this report.
31 (d) The study mandated by subsection (c) shall be
32 completed and its findings and recommendations reported to
33 the General Assembly no later than January 1, 2003.
34 Section 135. Civil penalties.
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1 (a) The Department may assess a civil penalty not to
2 exceed $5,000 against any establishment subject to this Act
3 for violations of this Act. Each day a violation continues
4 shall be deemed a separate violation.
5 (b) Beginning 180 days after the adoption of rules
6 under this Act, the Department may assess a civil penalty
7 not to exceed $3,000 against any establishment subject to
8 this Act for caring for a resident who exceeds the care needs
9 defined in this Act. Each day a violation continues shall be
10 deemed a separate violation.
11 (c) The Department is authorized to hold hearings in
12 contested cases regarding appeals of the penalties assessed
13 pursuant to this Section.
14 Section 140. State and private funding. Nothing in this
15 Act shall:
16 (1) require or authorize the State agency
17 responsible for the administration of the medical
18 assistance program established under Article V and
19 Article VI of the Illinois Public Aid Code to approve,
20 supply, or cover services provided in an assisted living
21 or shared housing establishment;
22 (2) require an agency or a managed care
23 organization to approve, supply, or cover services
24 provided in an assisted living or shared housing
25 establishment; or
26 (3) require any other third party payer to approve,
27 supply or cover medically necessary home care services
28 provided in an assisted living establishment.
29 Section 145. Conversion of facilities. Entities
30 licensed as facilities under the Nursing Home Care Act may
31 elect to convert to a license under this Act. Any facility
32 that chooses to convert, in whole or in part, shall follow
33 the requirements in the Nursing Home Care Act and rules
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1 promulgated under that Act regarding voluntary closure and
2 notice to residents. Any conversion of existing beds
3 licensed under the Nursing Home Care Act to licensure under
4 this Act is exempt from review by the Health Facilities
5 Planning Board.
6 Section 150. Alzheimer and dementia programs.
7 (a) Except as provided in this Section, Alzheimer and
8 dementia programs shall comply with provisions of this Act.
9 (b) No person shall be admitted or retained if the
10 assisted living or shared housing establishment cannot
11 provide or secure appropriate care, if the resident requires
12 a level of service or type of service for which the
13 establishment is not licensed or which the establishment does
14 not provide, or if the establishment does not have the staff
15 appropriate in numbers and with appropriate skill to provide
16 such services.
17 (c) No person shall be accepted for residency or remain
18 in residence if the person's mental or physical condition has
19 so deteriorated to render residency in such a program to be
20 detrimental to the health, welfare or safety of the person or
21 of other residents of the establishment. The Department by
22 rule shall identify a validated dementia-specific standard
23 with inter-rater reliability that will be used to assess
24 individual residents. The assessment must be approved by the
25 resident's physician and shall occur prior to acceptance for
26 residency, annually, and at such time that a change in the
27 resident's condition is identified by a family member, staff
28 of the establishment, or the resident's physician.
29 (d) No person shall be accepted for residency or remain
30 in residence if the person is dangerous to self or others and
31 the establishment would be unable to eliminate the danger
32 through the use of appropriate treatment modalities.
33 (e) No person shall be accepted for residency or remain
34 in residence if the person meets the criteria provided in
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1 subsections (b) through (g) of Section 75 of this Act.
2 (f) An establishment that offers to provide a special
3 program or unit for persons with Alzheimer's disease and
4 related disorders shall:
5 (1) disclose to the Department and to a potential
6 or actual resident of the establishment information as
7 specified under the Alzheimer's Special Care Disclosure
8 Act;
9 (2) ensure that a resident's representative is
10 designated for the resident;
11 (3) develop and implement policies and procedures
12 that ensure the continued safety of all residents in the
13 establishment including, but not limited to, those who:
14 (A) may wander; and
15 (B) may need supervision and assistance when
16 evacuating the building in an emergency;
17 (4) provide coordination of communications with
18 each resident, resident's representative, relatives and
19 other persons identified in the resident's service plan;
20 (5) provide cognitive stimulation and activities to
21 maximize functioning;
22 (6) provide an appropriate number of staff for its
23 resident population, as established by rule;
24 (7) require the director or administrator and
25 direct care staff to complete sufficient comprehensive
26 and ongoing dementia and cognitive deficit training, the
27 content of which shall be established by rule; and
28 (8) develop emergency procedures and staffing
29 patterns to respond to the needs of residents.
30 Section 155. Application of Act. An establishment
31 licensed under this Act shall obtain and maintain all other
32 licenses, permits, certificates, and other governmental
33 approvals required of it, except that a licensed assisted
34 living or shared housing establishment is exempt from the
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1 provisions of the Illinois Health Facilities Planning Act.
2 An establishment licensed under this Act shall comply with
3 the requirements of all local, State, federal, and other
4 applicable laws, rules, and ordinances and the National Fire
5 Protection Association's Life Safety Code.
6 Section 165. Assisted Living and Shared Housing
7 Regulatory Fund. There is created in the State treasury a
8 special fund to be known as the Assisted Living and Shared
9 Housing Regulatory Fund. All moneys received by the
10 Department under this Act shall be deposited into the Fund.
11 Subject to appropriation, moneys in the Fund shall be used
12 for the administration of this Act. Interest earned on moneys
13 in the Fund shall be deposited into the Fund.
14 Section 160. Severability. The provisions of this Act
15 are severable under Section 1.31 of the Statute on Statutes.
16 Section 189. The Illinois Act on the Aging is amended by
17 changing Section 4.04 as follows:
18 (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
19 Sec. 4.04. Long Term Care Ombudsman Program.
20 (a) Long Term Care Ombudsman Program. The Department
21 shall establish a Long Term Care Ombudsman Program, through
22 the Office of State Long Term Care Ombudsman ("the Office"),
23 in accordance with the provisions of the Older Americans Act
24 of 1965, as now or hereafter amended.
25 (b) Definitions. As used in this Section, unless the
26 context requires otherwise:
27 (1) "Access" has the same meaning as in Section
28 1-104 of the Nursing Home Care Act, as now or hereafter
29 amended; that is, it means the right to:
30 (i) Enter any long term care facility or
31 assisted living or shared housing establishment;
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1 (ii) Communicate privately and without
2 restriction with any resident who consents to the
3 communication;
4 (iii) Seek consent to communicate privately
5 and without restriction with any resident;
6 (iv) Inspect the clinical and other records of
7 a resident with the express written consent of the
8 resident;
9 (v) Observe all areas of the long term care
10 facility or assisted living or shared housing
11 establishment except the living area of any resident
12 who protests the observation.
13 (2) "Long Term Care Facility" means any facility as
14 defined by Section 1-113 of the Nursing Home Care Act, as
15 now or hereafter amended.
16 (2.5) "Assisted living establishment" and "shared
17 housing establishment" have the meanings given those
18 terms in Section 10 of the Assisted Living and Shared
19 Housing Act.
20 (3) "Ombudsman" means any person employed by the
21 Department to fulfill the requirements of the Office, or
22 any representative of a sub-State long term care
23 ombudsman program; provided that the representative,
24 whether he is paid for or volunteers his ombudsman
25 services, shall be qualified and authorized by the
26 Department to perform the duties of an ombudsman as
27 specified by the Department in rules.
28 (c) Ombudsman; rules. The Office of State Long Term Care
29 Ombudsman shall be composed of at least one full-time
30 ombudsman within the Department and shall include a system of
31 designated sub-State long term care ombudsman programs. Each
32 sub-State program shall be designated by the Department as a
33 subdivision of the Office and any representative of a
34 sub-State program shall be treated as a representative of the
35 Office.
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1 The Department shall promulgate administrative rules to
2 establish the responsibilities of the Department and the
3 Office of State Long Term Care Ombudsman. The administrative
4 rules shall include the responsibility of the Office to
5 investigate and resolve complaints made by or on behalf of
6 residents of long term care facilities and assisted living
7 and shared housing establishments relating to actions,
8 inaction, or decisions of providers, or their
9 representatives, of long term care facilities, of assisted
10 living and shared housing establishments, of public agencies,
11 or of social services agencies, which may adversely affect
12 the health, safety, welfare, or rights of such residents.
13 When necessary and appropriate, representatives of the Office
14 shall refer complaints to the appropriate regulatory State
15 agency.
16 (d) Access and visitation rights.
17 (1) In accordance with subparagraphs (A) and (E) of
18 paragraph (3) of subsection (c) of Section 1819 and
19 subparagraphs (A) and (E) of paragraph (3) of subsection
20 (c) of Section 1919 of the Social Security Act, as now or
21 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E)
22 and 42 U.S.C. 1396r-3 (c)(3)(A) and (E)), and Section
23 307(a)(12) of the Older Americans Act of 1965, as now or
24 hereafter amended, a long term care facility, assisted
25 living establishment, and shared housing establishment
26 must:
27 (i) permit immediate access to any resident by
28 an ombudsman; and
29 (ii) permit representatives of the Office,
30 with the permission of the resident's legal
31 representative or legal guardian, to examine a
32 resident's clinical and other records, and if a
33 resident is unable to consent to such review, and
34 has no legal guardian, permit representatives of the
35 Office appropriate access, as defined by the
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1 Department in administrative rules, to the
2 resident's records.
3 (2) Each long term care facility, assisted living
4 establishment, and shared housing establishment shall
5 display, in multiple, conspicuous public places within
6 the facility accessible to both visitors and patients and
7 in an easily readable format, the address and phone
8 number of the Office, in a manner prescribed by the
9 Office.
10 (e) Immunity. An ombudsman or any other representative
11 of the Office participating in the good faith performance of
12 his or her official duties shall have immunity from any
13 liability (civil, criminal or otherwise) in any proceedings
14 (civil, criminal or otherwise) brought as a consequence of
15 the performance of his official duties.
16 (f) Business offenses.
17 (1) No person shall:
18 (i) Intentionally prevent, interfere with, or
19 attempt to impede in any way any representative of
20 the Office in the performance of his official duties
21 under this Act and the Older Americans Act of 1965;
22 or
23 (ii) Intentionally retaliate, discriminate
24 against, or effect reprisals against any long term
25 care facility resident or employee for contacting or
26 providing information to any representative of the
27 Office.
28 (2) A violation of this Section is a business
29 offense, punishable by a fine not to exceed $501.
30 (3) The Director of Aging shall notify the State's
31 Attorney of the county in which the long term care
32 facility is located, or the Attorney General, of any
33 violations of this Section.
34 (g) Confidentiality of records and identities. No files
35 or records maintained by the Office of State Long Term Care
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1 Ombudsman shall be disclosed unless the State Ombudsman or
2 the ombudsman having the authority over the disposition of
3 such files authorizes the disclosure in writing. The
4 ombudsman shall not disclose the identity of any complainant,
5 resident, witness or employee of a long term care provider
6 involved in a complaint or report unless such person or such
7 person's guardian or legal representative consents in writing
8 to the disclosure, or the disclosure is required by court
9 order.
10 (h) Legal representation. The Attorney General shall
11 provide legal representation to any representative of the
12 Office against whom suit or other legal action is brought in
13 connection with the performance of the representative's
14 official duties, in accordance with the State Employee
15 Indemnification Act "An Act to provide for representation and
16 indemnification in certain civil law suits", approved
17 December 3, 1977, as now or hereafter amended.
18 (i) Treatment by prayer and spiritual means. Nothing in
19 this Act shall be construed to authorize or require the
20 medical supervision, regulation, or control of remedial care
21 or treatment of any resident in a long term care facility
22 operated exclusively by and for members or adherents of any
23 church or religious denomination the tenets and practices of
24 which include reliance solely upon spiritual means through
25 prayer for healing.
26 (Source: P.A. 90-639, eff. 1-1-99.)
27 Section 191. The Illinois Health Facilities Planning Act
28 is amended by changing Section 3 as follows:
29 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
30 Sec. 3. As used in this Act:
31 "Health care facilities" means and includes the following
32 facilities and organizations:
33 1. An ambulatory surgical treatment center required
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1 to be licensed pursuant to the Ambulatory Surgical
2 Treatment Center Act;
3 2. An institution, place, building, or agency
4 required to be licensed pursuant to the Hospital
5 Licensing Act;
6 3. Skilled and intermediate long term care
7 facilities Any institution required to be licensed under
8 pursuant to the Nursing Home Care Act;
9 4. Hospitals, nursing homes, ambulatory surgical
10 treatment centers, or kidney disease treatment centers
11 maintained by the State or any department or agency
12 thereof; and
13 5. Kidney disease treatment centers, including a
14 free-standing hemodialysis unit.
15 No federally owned facility shall be subject to the
16 provisions of this Act, nor facilities used solely for
17 healing by prayer or spiritual means.
18 No facility licensed under the Supportive Residences
19 Licensing Act or the Assisted Living and Shared Housing Act
20 shall be subject to the provisions of this Act.
21 A facility designated as a supportive living facility
22 that is in good standing with the demonstration project
23 established under Section 5-5.01a of the Illinois Public Aid
24 Code shall not be subject to the provisions of this Act.
25 This Act does not apply to facilities granted waivers
26 under Section 3-102.2 of the Nursing Home Care Act. However,
27 if a demonstration project under that Act applies for a
28 certificate of need to convert to a nursing facility, it
29 shall meet the licensure and certificate of need requirements
30 in effect as of the date of application.
31 This Act shall not apply to the closure of an entity or a
32 portion of an entity licensed under the Nursing Home Care Act
33 that elects to convert, in whole or in part, to an assisted
34 living or shared housing establishment licensed under the
35 Assisted Living and Shared Housing Establishment Act.
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1 With the exception of those health care facilities
2 specifically included in this Section, nothing in this Act
3 shall be intended to include facilities operated as a part of
4 the practice of a physician or other licensed health care
5 professional, whether practicing in his individual capacity
6 or within the legal structure of any partnership, medical or
7 professional corporation, or unincorporated medical or
8 professional group. Further, this Act shall not apply to
9 physicians or other licensed health care professional's
10 practices where such practices are carried out in a portion
11 of a health care facility under contract with such health
12 care facility by a physician or by other licensed health care
13 professionals, whether practicing in his individual capacity
14 or within the legal structure of any partnership, medical or
15 professional corporation, or unincorporated medical or
16 professional groups. This Act shall apply to construction or
17 modification and to establishment by such health care
18 facility of such contracted portion which is subject to
19 facility licensing requirements, irrespective of the party
20 responsible for such action or attendant financial
21 obligation.
22 "Person" means any one or more natural persons, legal
23 entities, governmental bodies other than federal, or any
24 combination thereof.
25 "Consumer" means any person other than a person (a) whose
26 major occupation currently involves or whose official
27 capacity within the last 12 months has involved the
28 providing, administering or financing of any type of health
29 care facility, (b) who is engaged in health research or the
30 teaching of health, (c) who has a material financial interest
31 in any activity which involves the providing, administering
32 or financing of any type of health care facility, or (d) who
33 is or ever has been a member of the immediate family of the
34 person defined by (a), (b), or (c).
35 "State Board" means the Health Facilities Planning Board.
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1 "Construction or modification" means the establishment,
2 erection, building, alteration, reconstruction,
3 modernization, improvement, extension, discontinuation,
4 change of ownership, of or by a health care facility, or the
5 purchase or acquisition by or through a health care facility
6 of equipment or service for diagnostic or therapeutic
7 purposes or for facility administration or operation, or any
8 capital expenditure made by or on behalf of a health care
9 facility which exceeds the capital expenditure minimum.
10 "Establish" means the construction of a health care
11 facility or the replacement of an existing facility on
12 another site.
13 "Major medical equipment" means medical equipment which
14 is used for the provision of medical and other health
15 services and which costs in excess of the capital expenditure
16 minimum, except that such term does not include medical
17 equipment acquired by or on behalf of a clinical laboratory
18 to provide clinical laboratory services if the clinical
19 laboratory is independent of a physician's office and a
20 hospital and it has been determined under Title XVIII of the
21 Social Security Act to meet the requirements of paragraphs
22 (10) and (11) of Section 1861(s) of such Act. In determining
23 whether medical equipment has a value in excess of the
24 capital expenditure minimum, the value of studies, surveys,
25 designs, plans, working drawings, specifications, and other
26 activities essential to the acquisition of such equipment
27 shall be included.
28 "Capital Expenditure" means an expenditure: (A) made by
29 or on behalf of a health care facility (as such a facility is
30 defined in this Act); and (B) which under generally accepted
31 accounting principles is not properly chargeable as an
32 expense of operation and maintenance, or is made to obtain by
33 lease or comparable arrangement any facility or part thereof
34 or any equipment for a facility or part; and which exceeds
35 the capital expenditure minimum.
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1 For the purpose of this paragraph, the cost of any
2 studies, surveys, designs, plans, working drawings,
3 specifications, and other activities essential to the
4 acquisition, improvement, expansion, or replacement of any
5 plant or equipment with respect to which an expenditure is
6 made shall be included in determining if such expenditure
7 exceeds the capital expenditures minimum. Donations of
8 equipment or facilities to a health care facility which if
9 acquired directly by such facility would be subject to review
10 under this Act shall be considered capital expenditures, and
11 a transfer of equipment or facilities for less than fair
12 market value shall be considered a capital expenditure for
13 purposes of this Act if a transfer of the equipment or
14 facilities at fair market value would be subject to review.
15 "Capital expenditure minimum" means $1,000,000 for major
16 medical equipment and $2,000,000 for all other capital
17 expenditures, both of which shall be annually adjusted to
18 reflect the increase in construction costs due to inflation.
19 "Areawide" means a major area of the State delineated on
20 a geographic, demographic, and functional basis for health
21 planning and for health service and having within it one or
22 more local areas for health planning and health service. The
23 term "region", as contrasted with the term "subregion", and
24 the word "area" may be used synonymously with the term
25 "areawide".
26 "Local" means a subarea of a delineated major area that
27 on a geographic, demographic, and functional basis may be
28 considered to be part of such major area. The term
29 "subregion" may be used synonymously with the term "local".
30 "Areawide health planning organization" or "Comprehensive
31 health planning organization" means the health systems agency
32 designated by the Secretary, Department of Health and Human
33 Services or any successor agency.
34 "Local health planning organization" means those local
35 health planning organizations that are designated as such by
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1 the areawide health planning organization of the appropriate
2 area.
3 "Physician" means a person licensed to practice in
4 accordance with the Medical Practice Act of 1987, as amended.
5 "Licensed health care professional" means a person
6 licensed to practice a health profession under pertinent
7 licensing statutes of the State of Illinois.
8 "Director" means the Director of the Illinois Department
9 of Public Health.
10 "Agency" means the Illinois Department of Public Health.
11 "Comprehensive health planning" means health planning
12 concerned with the total population and all health and
13 associated problems that affect the well-being of people and
14 that encompasses health services, health manpower, and health
15 facilities; and the coordination among these and with those
16 social, economic, and environmental factors that affect
17 health.
18 "Alternative health care model" means a facility or
19 program authorized under the Alternative Health Care Delivery
20 Act.
21 (Source: P.A. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96;
22 90-14, eff. 7-1-97.)
23 Section 192. The State Finance Act is amended by adding
24 Section 5.490 as follows:
25 (30 ILCS 105/5.490 new)
26 Sec. 5.490. The Assisted Living and Shared Housing
27 Regulatory Fund.
28 Section 193. The Alzheimer's Special Care Disclosure Act
29 is amended by changing Section 10 as follows:
30 (210 ILCS 4/10)
31 Sec. 10. Facility defined. As used in this Act,
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1 "facility" means a facility licensed or permitted under the
2 Nursing Home Care Act, the Life Care Facility Act, the
3 Assisted Living and Shared Housing Act, or the Community
4 Living Facilities Licensing Act.
5 (Source: P.A. 90-341, eff. 1-1-98.)
6 Section 194. The Abused and Neglected Long Term Care
7 Facility Residents Reporting Act is amended by changing
8 Section 4 as follows:
9 (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
10 Sec. 4. Any long term care facility administrator, agent
11 or employee or any physician, hospital, surgeon, dentist,
12 osteopath, chiropractor, podiatrist, Christian Science
13 practitioner, coroner, social worker, social services
14 administrator, registered nurse, law enforcement officer,
15 field personnel of the Illinois Department of Public Aid,
16 field personnel of the Illinois Department of Public Health
17 and County or Municipal Health Departments, personnel of the
18 Department of Human Services (acting as the successor to the
19 Department of Mental Health and Developmental Disabilities or
20 the Department of Public Aid), personnel of the Guardianship
21 and Advocacy Commission, personnel of the State Fire Marshal,
22 local fire department inspectors or other personnel, or
23 personnel of the Illinois Department on Aging, or its
24 subsidiary Agencies on Aging, or employee of a facility
25 licensed under the Assisted Living and Shared Housing Act,
26 having reasonable cause to believe any resident with whom
27 they have direct contact has been subjected to abuse or
28 neglect shall immediately report or cause a report to be made
29 to the Department. Persons required to make reports or cause
30 reports to be made under this Section include all employees
31 of the State of Illinois who are involved in providing
32 services to residents, including professionals providing
33 medical or rehabilitation services and all other persons
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1 having direct contact with residents; and further include all
2 employees of community service agencies who provide services
3 to a resident of a public or private long term care facility
4 outside of that facility. Any long term care surveyor of the
5 Illinois Department of Public Health who has reasonable cause
6 to believe in the course of a survey that a resident has been
7 abused or neglected and initiates an investigation while on
8 site at the facility shall be exempt from making a report
9 under this Section but the results of any such investigation
10 shall be forwarded to the central register in a manner and
11 form described by the Department.
12 The requirement of this Act shall not relieve any long
13 term care facility administrator, agent or employee of
14 responsibility to report the abuse or neglect of a resident
15 under Section 3-610 of the Nursing Home Care Act.
16 In addition to the above persons required to report
17 suspected resident abuse and neglect, any other person may
18 make a report to the Department, or to any law enforcement
19 officer, if such person has reasonable cause to suspect a
20 resident has been abused or neglected.
21 This Section also applies to residents whose death occurs
22 from suspected abuse or neglect before being found or brought
23 to a hospital.
24 A person required to make reports or cause reports to be
25 made under this Section who fails to comply with the
26 requirements of this Section is guilty of a Class A
27 misdemeanor.
28 (Source: P.A. 89-507, eff. 7-1-97.)
29 Section 195. The Nursing Home Care Act is amended by
30 changing Section 1-113 as follows:
31 (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
32 Sec. 1-113. "Facility" or "long-term care facility"
33 means a private home, institution, building, residence, or
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1 any other place, whether operated for profit or not, or a
2 county home for the infirm and chronically ill operated
3 pursuant to Division 5-21 or 5-22 of the Counties Code, or
4 any similar institution operated by a political subdivision
5 of the State of Illinois, which provides, through its
6 ownership or management, personal care, sheltered care or
7 nursing for 3 or more persons, not related to the applicant
8 or owner by blood or marriage. It includes skilled nursing
9 facilities and intermediate care facilities as those terms
10 are defined in Title XVIII and Title XIX of the Federal
11 Social Security Act. It also includes homes, institutions, or
12 other places operated by or under the authority of the
13 Illinois Department of Veterans' Affairs.
14 "Facility" does not include the following:
15 (1) A home, institution, or other place operated by the
16 federal government or agency thereof, or by the State of
17 Illinois, other than homes, institutions, or other places
18 operated by or under the authority of the Illinois Department
19 of Veterans' Affairs;
20 (2) A hospital, sanitarium, or other institution whose
21 principal activity or business is the diagnosis, care, and
22 treatment of human illness through the maintenance and
23 operation as organized facilities therefor, which is required
24 to be licensed under the Hospital Licensing Act;
25 (3) Any "facility for child care" as defined in the
26 Child Care Act of 1969;
27 (4) Any "Community Living Facility" as defined in the
28 Community Living Facilities Licensing Act;
29 (5) Any "community residential alternative" as defined
30 in the Community Residential Alternatives Licensing Act;
31 (6) Any nursing home or sanatorium operated solely by
32 and for persons who rely exclusively upon treatment by
33 spiritual means through prayer, in accordance with the creed
34 or tenets of any well-recognized church or religious
35 denomination. However, such nursing home or sanatorium shall
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1 comply with all local laws and rules relating to sanitation
2 and safety;
3 (7) Any facility licensed by the Department of Human
4 Services as a community-integrated living arrangement as
5 defined in the Community-Integrated Living Arrangements
6 Licensure and Certification Act;
7 (8) Any "Supportive Residence" licensed under the
8 Supportive Residences Licensing Act; or
9 (9) Any "supportive living facility" in good standing
10 with the demonstration project established under Section
11 5-5.01a of the Illinois Public Aid Code; or.
12 (10) Any assisted living or shared housing establishment
13 licensed under the Assisted Living and Shared Housing Act.
14 (Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
15 90-14, eff. 7-1-97; 90-763, eff. 8-14-98.)
16 Section 196. The Health Care Worker Background Check Act
17 is amended by changing Section 15 as follows:
18 (225 ILCS 46/15)
19 Sec. 15. Definitions. For the purposes of this Act, the
20 following definitions apply:
21 "Applicant" means an individual seeking employment with a
22 health care employer who has received a bona fide conditional
23 offer of employment.
24 "Conditional offer of employment" means a bona fide offer
25 of employment by a health care employer to an applicant,
26 which is contingent upon the receipt of a report from the
27 Department of State Police indicating that the applicant does
28 not have a record of conviction of any of the criminal
29 offenses enumerated in Section 25.
30 "Direct care" means the provision of nursing care or
31 assistance with meals, dressing, movement, bathing, or other
32 personal needs or maintenance, or general supervision and
33 oversight of the physical and mental well-being of an
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1 individual who is incapable of managing his or her person
2 whether or not a guardian has been appointed for that
3 individual.
4 "Health care employer" means:
5 (1) the owner or licensee of any of the following:
6 (i) a community living facility, as defined in the
7 Community Living Facilities Act;
8 (ii) a life care facility, as defined in the Life
9 Care Facilities Act;
10 (iii) a long-term care facility, as defined in the
11 Nursing Home Care Act;
12 (iv) a home health agency, as defined in the Home
13 Health Agency Licensing Act;
14 (v) a full hospice, as defined in the Hospice
15 Program Licensing Act;
16 (vi) a hospital, as defined in the Hospital
17 Licensing Act;
18 (vii) a community residential alternative, as
19 defined in the Community Residential Alternatives
20 Licensing Act;
21 (viii) a nurse agency, as defined in the Nurse
22 Agency Licensing Act;
23 (ix) a respite care provider, as defined in the
24 Respite Program Act;
25 (x) an establishment licensed under the Assisted
26 Living and Shared Housing Act;
27 (xi) a supportive living program, as defined in the
28 Illinois Public Aid Code;
29 (2) a day training program certified by the Department
30 of Human Services; or
31 (3) a community integrated living arrangement operated
32 by a community mental health and developmental service
33 agency, as defined in the Community-Integrated Living
34 Arrangements Licensing and Certification Act.
35 "Initiate" means the obtaining of the authorization for a
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1 record check from a student, applicant, or employee. The
2 educational entity or health care employer or its designee
3 shall transmit all necessary information and fees to the
4 Illinois State Police within 10 working days after receipt of
5 the authorization.
6 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
7 89-674, eff. 8-14-96; 90-14, eff. 7-1-97; 90-776, eff.
8 1-1-99.)
9 Section 197. The Criminal Code of 1961 is amended by
10 changing Section 12-19 as follows:
11 (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
12 Sec. 12-19. Abuse and Gross Neglect of a Long Term Care
13 Facility Resident.
14 (a) Any person or any owner or licensee of a long term
15 care facility who abuses a long term care facility resident
16 is guilty of a Class 3 felony. Any person or any owner or
17 licensee of a long term care facility who grossly neglects a
18 long term care facility resident is guilty of a Class 4
19 felony. However, nothing herein shall be deemed to apply to
20 a physician licensed to practice medicine in all its branches
21 or a duly licensed nurse providing care within the scope of
22 his or her professional judgment and within the accepted
23 standards of care within the community.
24 (b) Notwithstanding the penalties in subsections (a) and
25 (c) and in addition thereto, if a licensee or owner of a long
26 term care facility or his or her employee has caused neglect
27 of a resident, the licensee or owner is guilty of a petty
28 offense. An owner or licensee is guilty under this
29 subsection (b) only if the owner or licensee failed to
30 exercise reasonable care in the hiring, training, supervising
31 or providing of staff or other related routine administrative
32 responsibilities.
33 (c) Notwithstanding the penalties in subsections (a) and
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1 (b) and in addition thereto, if a licensee or owner of a long
2 term care facility or his or her employee has caused gross
3 neglect of a resident, the licensee or owner is guilty of a
4 business offense for which a fine of not more than $10,000
5 may be imposed. An owner or licensee is guilty under this
6 subsection (c) only if the owner or licensee failed to
7 exercise reasonable care in the hiring, training, supervising
8 or providing of staff or other related routine administrative
9 responsibilities.
10 (d) For the purpose of this Section:
11 (1) "Abuse" means intentionally or knowingly
12 causing any physical or mental injury or committing any
13 sexual offense set forth in this Code.
14 (2) "Gross neglect" means recklessly failing to
15 provide adequate medical or personal care or maintenance,
16 which failure results in physical or mental injury or the
17 deterioration of a physical or mental condition.
18 (3) "Neglect" means negligently failing to provide
19 adequate medical or personal care or maintenance, which
20 failure results in physical or mental injury or the
21 deterioration of a physical or mental condition.
22 (4) "Resident" means a person residing in a long
23 term care facility.
24 (5) "Owner" means the person who owns a long term
25 care facility as provided under the Nursing Home Care Act
26 or an assisted living or shared housing establishment
27 under the Assisted Living and Shared Housing Act.
28 (6) "Licensee" means the individual or entity
29 licensed to operate a facility under the Nursing Home
30 Care Act or the Assisted Living and Shared Housing Act.
31 (7) "Facility" or "long term care facility" means a
32 private home, institution, building, residence, or any
33 other place, whether operated for profit or not, or a
34 county home for the infirm and chronically ill operated
35 pursuant to Division 5-21 or 5-22 of the Counties Code,
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1 or any similar institution operated by the State of
2 Illinois or a political subdivision thereof, which
3 provides, through its ownership or management, personal
4 care, sheltered care or nursing for 3 or more persons not
5 related to the owner by blood or marriage. The term also
6 includes skilled nursing facilities and intermediate care
7 facilities as defined in Title XVIII and Title XIX of the
8 federal Social Security Act and assisted living
9 establishments and shared housing establishments licensed
10 under the Assisted Living and Shared Housing Act.
11 (e) Nothing contained in this Section shall be deemed to
12 apply to the medical supervision, regulation or control of
13 the remedial care or treatment of residents in a facility
14 conducted for those who rely upon treatment by prayer or
15 spiritual means in accordance with the creed or tenets of any
16 well recognized church or religious denomination and which is
17 licensed in accordance with Section 3-803 of the Nursing Home
18 Care Act.
19 (Source: P.A. 86-820; 86-1475.)
20 Section 199. Effective date. This Section, Section 10,
21 Section 110, Section 125, and Section 130 of this Act take
22 effect upon becoming law; the remaining Sections of this Act
23 take effect January 1, 2001.".
24 Submitted on May 26, 1999
25 s/Sen. Beverly Fawell s/Rep. Joseph M. Lyons
26 s/Sen. Dave Syverson s/Rep. Barbara Flynn Currie
27 s/Sen. Laura Kent Donahue s/Rep. Daniel Burke
28 s/Sen. Barack Obama s/Rep. Mary Lou Cowlishaw
29 s/Sen. Margaret Smith s/Rep. Elizabeth Coulson
30 Committee for the Senate Committee for the House