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91_HB0427eng
HB0427 Engrossed LRB9101210JSpc
1 AN ACT to create the Assisted Living and Shared Housing
2 Act, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Assisted Living and Shared Housing Act.
7 Section 5. Legislative purpose. The purpose of this Act
8 is to permit the development and availability of assisted
9 living establishments and shared housing establishments based
10 on a social model that promotes the dignity, individuality,
11 privacy, independence, autonomy, and decision-making ability
12 and the right to negotiated risk of those persons; to
13 provide for the health, safety, and welfare of those
14 residents residing in assisted living and shared housing
15 establishments in this State; to promote continuous quality
16 improvement in assisted living; and to encourage the
17 development of innovative and affordable assisted living
18 establishments and shared housing with service
19 establishments for elderly persons of all income levels. It
20 is the public policy of this State that assisted living is
21 an important part of the continuum of long term care. In
22 support of the goal of aging in place within the parameters
23 established by this Act, assisted living and shared housing
24 establishments shall be operated as residential environments
25 with supportive services designed to meet the individual
26 resident's changing needs and preferences. The residential
27 environment shall be designed to encourage family and
28 community involvement. The services available to residents,
29 either directly or through contracts or agreements, are
30 intended to help residents remain as independent as
31 possible. Assisted living, which promotes resident choice,
HB0427 Engrossed -2- LRB9101210JSpc
1 autonomy, and decision making, should be based on a contract
2 model designed to result in a negotiated agreement between
3 the resident or the resident's representative and the
4 provider, clearly identifying the services to be provided.
5 This model assumes that residents are able to direct services
6 provided for them and will designate a representative to
7 direct these services if they themselves are unable to do so.
8 This model supports the principle that there is an
9 acceptable balance between consumer protection and
10 resident willingness to accept risk and that most consumers
11 are competent to make their own judgments about the services
12 they are obtaining. Regulation of assisted living
13 establishments and shared housing establishments must be
14 sufficiently flexible to allow residents to age in place
15 within the parameters of this Act. The administration of this
16 Act and services provided must therefore ensure that the
17 residents have the rights and responsibilities to direct the
18 scope of services they receive and to make individual choices
19 based on their needs and preferences. These establishments
20 shall be operated in a manner that provides the least
21 restrictive and most homelike environment and that promotes
22 independence, autonomy, individuality, privacy, dignity, and
23 the right to negotiated risk in residential surroundings. It
24 is not the intent of the State that establishments licensed
25 under this Act be used as halfway houses for alcohol and
26 substance abusers.
27 Section 10. Definitions. For purposes of this Act:
28 "Activities of daily living" means eating, dressing,
29 bathing, toileting, transferring, or personal hygiene.
30 "Advisory Board" means the Assisted Living and Shared
31 Housing Advisory Board.
32 "Assisted living establishment" or "establishment" means
33 a home, building, residence, or any other place where
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1 sleeping accommodations are provided for at least 3 unrelated
2 adults, at least 80% of whom are 55 years of age or older and
3 where the following are provided consistent with the
4 purposes of this Act:
5 (1) services consistent with a social model that is
6 based on the premise that the resident's unit in assisted
7 living and shared housing is his or her own home;
8 (2) community-based residential care for persons
9 who need assistance with activities of daily living,
10 including personal, supportive, and intermittent
11 health-related services available 24 hours per day, if
12 needed, to meet the scheduled and unscheduled needs of a
13 resident;
14 (3) mandatory services, whether provided directly
15 by the establishment or by another entity arranged for by
16 the establishment, with the consent of the resident or
17 resident's representative; and
18 (4) a physical environment that is a homelike
19 setting that includes the following and such other
20 elements as established by the Department in conjunction
21 with the Assisted Living and Shared Housing Advisory
22 Board: individual living units each of which shall
23 accommodate small kitchen appliances and contain private
24 bathing, washing, and toilet facilities, or private
25 washing and toilet facilities with a common bathing room
26 readily accessible to each resident. Units shall be
27 maintained for single occupancy except in cases in which
28 2 residents choose to share a unit. Sufficient common
29 space shall exist to permit individual and group
30 activities.
31 "Assisted living establishment" or "establishment" does
32 not mean any of the following:
33 (1) A home, institution, or similar place operated
34 by the federal government or the State of Illinois.
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1 (2) A long term care facility licensed under the
2 Nursing Home Care Act. However, a long term care facility
3 may convert distinct parts of the facility to assisted
4 living. If the long term care facility elects to do so,
5 the facility shall retain the Certificate of Need for its
6 nursing and sheltered care beds that were converted.
7 (3) A hospital, sanitarium, or other institution,
8 the principal activity or business of which is the
9 diagnosis, care, and treatment of human illness and that
10 is required to be licensed under the Hospital Licensing
11 Act.
12 (4) A facility for child care as defined in the
13 Child Care Act of 1969.
14 (5) A community living facility as defined in the
15 Community Living Facilities Licensing Act.
16 (6) A nursing home or sanitarium operated solely by
17 and for persons who rely exclusively upon treatment by
18 spiritual means through prayer in accordance with the
19 creed or tenants of a well-recognized church or religious
20 denomination.
21 (7) A facility licensed by the Department of Human
22 Services as a community-integrated living arrangement as
23 defined in the Community-Integrated Living Arrangements
24 Licensure and Certification Act.
25 (8) A supportive residence licensed under the
26 Supportive Residences Licensing Act.
27 (9) A life care facility as defined in the Life
28 Care Facilities Act; a life care facility may apply under
29 this Act to convert sections of the community to assisted
30 living.
31 (10) A free-standing hospice facility licensed
32 under the Hospice Program Licensing Act.
33 (11) A shared housing establishment.
34 (12) A supportive living facility as described in
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1 Section 5-5.0la of the Illinois Public Aid Code.
2 "Department" means the Department of Public Health.
3 "Director" means the Director of Public Health.
4 "Emergency situation" means imminent danger of death or
5 serious physical or mental harm to a resident of an
6 establishment.
7 "License" means any of the following types of licenses
8 issued to an applicant or licensee by the Department:
9 (1) "Probationary license" means a license issued
10 to an applicant or licensee that has not held a license
11 under this Act prior to its application or pursuant to a
12 license transfer in accordance with Section 50 of this
13 Act.
14 (2) "Regular license" means a license issued by the
15 Department to an applicant or licensee that is in
16 substantial compliance with this Act and any rules
17 promulgated under this Act.
18 "Licensee" means a person, agency, association,
19 corporation, partnership, or organization that has been
20 issued a license to operate an assisted living or shared
21 housing establishment.
22 "Licensed health care professional" means a registered
23 professional nurse, an advanced practice nurse, a physician
24 assistant, and a licensed practical nurse.
25 "Mandatory services" include the following:
26 (1) 3 meals per day available to the residents
27 prepared by the establishment or an outside contractor;
28 (2) housekeeping services including, but not
29 limited to, vacuuming, dusting, and cleaning the
30 resident's unit;
31 (3) personal laundry and linen services available
32 to the residents provided or arranged for by the
33 establishment;
34 (4) security provided 24 hours each day including,
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1 but not limited to, locked entrances or building or
2 contract security personnel;
3 (5) an emergency communication response system,
4 which is a procedure in place 24 hours each day by which
5 a resident can notify building management, an emergency
6 response vendor, or others able to respond to his or her
7 need for assistance; and
8 (6) assistance with activities of daily living as
9 required by each resident.
10 "Negotiated risk" is the process by which a resident, or
11 his or her representative, may formally negotiate with
12 providers what risks each are willing and unwilling to assume
13 in service provision and the resident's living environment.
14 The provider assures that the resident and the resident's
15 representative, if any, are informed of the risks of these
16 decisions and of the potential consequences of assuming these
17 risks.
18 "Owner" means the individual, partnership, corporation,
19 association, or other person who owns an assisted living or
20 shared housing establishment. In the event an assisted
21 living or shared housing establishment is operated by a
22 person who leases or manages the physical plant, which is
23 owned by another person, "owner" means the person who
24 operates the assisted living or shared housing establishment,
25 except that if the person who owns the physical plant is an
26 affiliate of the person who operates the assisted living or
27 shared housing establishment and has significant control over
28 the day to day operations of the assisted living or shared
29 housing establishment, the person who owns the physical plant
30 shall incur jointly and severally with the owner all
31 liabilities imposed on an owner under this Act.
32 "Physician" means a person licensed under the Medical
33 Practice Act of 1987 to practice medicine in all of its
34 branches.
HB0427 Engrossed -7- LRB9101210JSpc
1 "Resident" means a person residing in an assisted living
2 or shared housing establishment.
3 "Resident's representative" means a person, other than
4 the owner, agent, or employee of an establishment or of the
5 health care provider unless related to the resident,
6 designated in writing by a resident to be his or her
7 representative or the resident's guardian, who is available
8 and agrees to participate in directing the services to be
9 provided to the resident.
10 "Self" means the individual or the individual's
11 designated representative.
12 "Shared housing establishment" or "establishment" means a
13 publicly or privately operated free-standing residence for 12
14 or fewer persons, at least 80% of whom are 55 years of age or
15 older and who are unrelated to the owners and one manager of
16 the residence, where the following are provided:
17 (1) services consistent with a social model that is
18 based on the premise that the resident's unit is his or
19 her own home;
20 (2) community-based residential care for persons
21 who need assistance with activities of daily living,
22 including housing and personal, supportive, and
23 intermittent health-related services available 24 hours
24 per day, if needed, to meet the scheduled and unscheduled
25 needs of a resident; and
26 (3) mandatory services, whether provided directly
27 by the establishment or by another entity arranged for by
28 the establishment, with the consent of the resident or
29 the resident's representative.
30 "Shared housing establishment" or "establishment" does
31 not mean any of the following:
32 (1) A home, institution, or similar place operated
33 by the federal government or the State of Illinois.
34 (2) A long term care facility licensed under the
HB0427 Engrossed -8- LRB9101210JSpc
1 Nursing Home Care Act. A long term care facility may,
2 however, convert sections of the facility to assisted
3 living. If the long term care facility elects to do so,
4 the facility shall retain the Certificate of Need for its
5 nursing beds that were converted.
6 (3) A hospital, sanitarium, or other institution,
7 the principal activity or business of which is the
8 diagnosis, care, and treatment of human illness and that
9 is required to be licensed under the Hospital Licensing
10 Act.
11 (4) A facility for child care as defined in the
12 Child Care Act of 1969.
13 (5) A community living facility as defined in the
14 Community Living Facilities Licensing Act.
15 (6) A nursing home or sanitarium operated solely by
16 and for persons who rely exclusively upon treatment by
17 spiritual means through prayer in accordance with the
18 creed or tenants of a well-recognized church or religious
19 denomination.
20 (7) A facility licensed by the Department of Human
21 Services as a community-intergrated living arrangement as
22 defined in the Community-Integrated Living Arrangements
23 Licensure and Certification Act.
24 (8) A supportive residence licensed under the
25 Supportive Residences Licensing Act.
26 (9) A life care facility as defined in the Life
27 Care Facilities Act; a life care facility may apply under
28 this Act to convert sections of the community to assisted
29 living.
30 (10) A free-standing hospice facility licensed
31 under the Hospice Program Licensing Act.
32 (11) An assisted living establishment.
33 (12) A supportive living facility as described in
34 Section 5-5.01a of the Illinois Public Aid Code.
HB0427 Engrossed -9- LRB9101210JSpc
1 "Total assistance" means that staff or another individual
2 performs the entire activity of daily living without
3 participation by the resident.
4 Section 15. Assessment and service plan requirements.
5 Prior to admission to any establishment covered by this Act,
6 a comprehensive assessment that includes an evaluation of the
7 prospective resident's physical, cognitive, and psychosocial
8 condition shall be completed. At least annually, a
9 comprehensive assessment shall be completed, and upon
10 identification of a significant change in the resident's
11 condition, the resident shall be reassessed. The
12 comprehensive assessment shall be completed by a physician.
13 Based on the assessment, a written service plan shall be
14 developed and mutually agreed upon by the provider and the
15 resident. The service plan, which shall be reviewed annually,
16 or more often as the resident's condition, preferences, or
17 service needs change, shall serve as a basis for the service
18 delivery contract between the provider and the resident.
19 Based on the assessment, the service plan may provide for the
20 disconnection or removal of any appliance.
21 Section 20. Construction and operating standards. The
22 Department, in consultation with the Advisory Board, shall
23 prescribe minimum standards for establishments. These
24 standards shall include:
25 (1) the location and construction of the
26 establishment, including plumbing, heating, lighting,
27 ventilation, and other physical conditions which shall
28 ensure the health, safety, and comfort of residents and
29 their protection from fire hazards; these standards shall
30 include, at a minimum, compliance with the National Fire
31 Protection Association's Life Safety Code Chapter 21
32 (1985), local and State building codes for the building
HB0427 Engrossed -10- LRB9101210JSpc
1 type, and accessibility standards of the Americans with
2 Disabilities Act;
3 (2) the number and qualifications of all personnel
4 having responsibility for any part of the services
5 provided for residents;
6 (3) all sanitary conditions within the
7 establishment and its surroundings, including water
8 supply, sewage disposal, food handling, infection
9 control, and general hygiene, which shall ensure the
10 health and comfort of residents;
11 (4) a program for adequate maintenance of physical
12 plant and equipment;
13 (5) adequate accommodations, staff, and services
14 for the number and types of residents for whom the
15 establishment is licensed;
16 (6) the development of evacuation and other
17 appropriate safety plans for use during weather, health,
18 fire, physical plant, environmental, and national defense
19 emergencies; and
20 (7) the maintenance of minimum financial and other
21 resources necessary to meet the standards established
22 under this Section and to operate the establishment in
23 accordance with this Act.
24 Section 25. License requirement. No person may
25 establish, operate, maintain, or offer an establishment as an
26 assisted living establishment or shared housing establishment
27 as defined by the Act within this State unless and until he
28 or she obtains a valid license, which remains unsuspended,
29 unrevoked, and unexpired. No public official or employee may
30 place any person in, or recommend that any person be placed
31 in, or directly or indirectly cause any person to be placed
32 in any establishment that is being operated without a valid
33 license. An entity that operates as an assisted living or
HB0427 Engrossed -11- LRB9101210JSpc
1 shared housing establishment as defined by this Act without a
2 license shall be subject to the provisions, including
3 penalties, of the Nursing Home Care Act. No entity shall use
4 in its name or advertise "assisted living" unless licensed as
5 an assisted living establishment under this Act or as a
6 shelter care facility under the Nursing Home Care Act that
7 also meets the definition of an assisted living establishment
8 under this Act, except a shared housing establishment
9 licensed under this Act may advertise assisted living
10 services.
11 Section 30. Licensing.
12 (a) The Department, in consultation with the Advisory
13 Board, shall establish by rule forms, procedures, and fees
14 for the annual licensing of assisted living and shared
15 housing establishments; shall establish and enforce sanctions
16 and penalties for operating in violation of this Act, as
17 provided in Section 125 of this Act and rules adopted under
18 Section 105 of this Act. The Department shall conduct an
19 annual on-site review for each establishment covered by this
20 Act, which shall include, but not be limited to, compliance
21 with this Act and rules adopted hereunder, focus on solving
22 resident issues and concerns, and the quality improvement
23 process implemented by the establishment to address resident
24 issues. The quality improvement process implemented by the
25 establishment must benchmark performance, be customer
26 centered, be data driven, and focus on resident satisfaction.
27 (b) An establishment shall provide the following
28 information to the Department to be considered for licensure:
29 (1) the business name, street address, mailing
30 address, and telephone number of the establishment;
31 (2) the name and mailing address of the owner or
32 owners of the establishment and if the owner or owners
33 are not natural persons, identification of the type of
HB0427 Engrossed -12- LRB9101210JSpc
1 business entity of the owners, and the names and
2 addresses of the officers and members of the governing
3 body, or comparable persons for partnerships, limited
4 liability companies, or other types of business
5 organizations;
6 (3) financial information, content and form to be
7 determined by rules which may provide different standards
8 for assisted living establishments and shared housing
9 establishments, establishing that the project is
10 financially feasible;
11 (4) the name and mailing address of the managing
12 agent of the establishment, whether hired under a
13 management agreement or lease agreement, if different
14 from the owner or owners, and the name of the full-time
15 director;
16 (5) verification that the establishment has
17 entered or will enter into a service delivery contract as
18 provided in Section 90, as required under this Act, with
19 each resident or resident's representative;
20 (6) the name and address of at least one natural
21 person who shall be responsible for dealing with the
22 Department on all matters provided for in this Act, on
23 whom personal service of all notices and orders shall be
24 made, and who shall be authorized to accept service on
25 behalf of the owner or owners and the managing agent.
26 Notwithstanding a contrary provision of the Code of Civil
27 Procedure, personal service on the person identified
28 pursuant to this subsection shall be considered service
29 on the owner or owners and the managing agent, and it
30 shall not be a defense to any action that personal
31 service was not made on each individual or entity;
32 (7) the signature of the authorized representative
33 of the owner or owners;
34 (8) proof of an ongoing quality improvement program
HB0427 Engrossed -13- LRB9101210JSpc
1 in accordance with rules adopted by the Department in
2 collaboration with the Advisory Board;
3 (9) information about the number and types of
4 units, the maximum census, and the services to be
5 provided at the establishment, proof of compliance with
6 applicable State and local residential standards, and a
7 copy of the standard contract offered to residents;
8 (10) documentation of adequate liability insurance;
9 and
10 (11) other information necessary to determine the
11 identity and qualifications of an applicant or licensee
12 to operate an establishment in accordance with this Act
13 as required by the Department by rule.
14 (c) The information in the statement of ownership shall
15 be public information and shall be available from the
16 Department.
17 Section 35. Issuance of license.
18 (a) Upon receipt and review of an application for a
19 license and review of the applicant establishment, the
20 Director may issue a license if he or she finds:
21 (1) that the individual applicant, or the
22 corporation, partnership, or other entity if the
23 applicant is not an individual, is a person responsible
24 and suitable to operate or to direct or participate in
25 the operation of an establishment by virtue of financial
26 capacity, appropriate business or professional
27 experience, a record of lawful compliance with lawful
28 orders of the Department and lack of revocation of a
29 license issued under this Act or the Nursing Home Care
30 Act during the previous 5 years;
31 (2) that the establishment is under the supervision
32 of a full-time director who is at least 21 years of age
33 with ability, training, and education appropriate to meet
HB0427 Engrossed -14- LRB9101210JSpc
1 the needs of the residents and to manage the operations
2 of the establishment and who participates in ongoing
3 training for these purposes;
4 (3) that the establishment has staff sufficient in
5 number with qualifications, adequate skills, education,
6 and experience to meet the 24 hour scheduled and
7 unscheduled needs of residents and who participate in
8 ongoing training to serve the resident population;
9 (4) that direct care staff meet the requirements of
10 the Health Care Worker Background Check Act;
11 (5) that the applicant is in substantial compliance
12 with this Act and such other requirements for a license
13 as the Department by rule may establish under this Act;
14 (6) that the applicant pays all required fees;
15 (7) that the applicant has provided to the
16 Department an accurate disclosure document in accordance
17 with the Alzheimer's Special Care Disclosure Act.
18 Any license issued by the Director shall state the
19 physical location of the establishment, the date the license
20 was issued, and the expiration date. All licenses shall be
21 valid for one year, except as provided in Section 40. Each
22 license shall be issued only for the premises and persons
23 named in the application, and shall not be transferable or
24 assignable.
25 Section 40. Probationary licenses. If the applicant
26 has not been previously licensed under this Act or if the
27 establishment is not in operation at the time the application
28 is made, the Department may issue a probationary license. A
29 probationary license shall be valid for 120 days unless
30 sooner suspended or revoked. Within 30 days prior to the
31 termination of a probationary license, the Department shall
32 fully and completely review the establishment and, if the
33 establishment meets the applicable requirements for
HB0427 Engrossed -15- LRB9101210JSpc
1 licensure, shall issue a license. If the Department finds
2 that the establishment does not meet the requirements for
3 licensure, but has made substantial progress toward meeting
4 those requirements, the license may be renewed once for a
5 period not to exceed 120 days from the expiration date of the
6 initial probationary license.
7 Section 45. Renewal of licenses. At least 120 days,
8 but not more than 150 days prior to license expiration, the
9 licensee shall submit an application for renewal of the
10 license in such form and containing such information as the
11 Department requires. If the application is approved, the
12 license shall be renewed for an additional one-year period.
13 If appropriate, the renewal application shall not be approved
14 unless the applicant has provided to the Department an
15 accurate disclosure document in accordance with the
16 Alzheimer's Special Care Disclosure Act. If the application
17 for renewal is not timely filed, the Department shall so
18 inform the licensee.
19 Section 50. Transfer of ownership.
20 (a) Whenever ownership of an establishment is
21 transferred from the person named in the license to any other
22 person, the transferee must obtain a new probationary
23 license. The transferee shall notify the Department of the
24 transfer and apply for a new license at least 30 days prior
25 to final transfer.
26 (b) The transferor shall notify the Department at least
27 30 days prior to final transfer. The transferor shall remain
28 responsible for the operation of the establishment until such
29 time as a license is issued to the transferee.
30 Section 55. Grounds for denial of a license. An
31 application for a license may be denied for any of the
HB0427 Engrossed -16- LRB9101210JSpc
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 the establishment license during
21 the previous 5 years, if such prior license was issued to
22 the individual applicant, a controlling owner or
23 controlling combination of owners of the applicant; or
24 any affiliate of the individual applicant or controlling
25 owner of the applicant and such individual applicant,
26 controlling owner of the applicant or affiliate of the
27 applicant was a controlling owner of the prior license;
28 provided, however, that the denial of an application for
29 a license pursuant to this Section must be supported by
30 evidence 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
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1 supervision of a full-time director, as defined by rule.
2 Section 60. Notice of denial; request for hearing;
3 hearing.
4 (a) Immediately upon the denial of any application or
5 reapplication for a license under this Act, the Department
6 shall notify the applicant in writing. Notice of denial
7 shall include a clear and concise statement of the violations
8 of this Act on which the denial is based and notice of the
9 opportunity for a hearing. If the applicant or licensee
10 wishes to contest the denial of a license, it shall provide
11 written notice to the Department of a request for a hearing
12 within 10 days after receipt of the notice of denial. The
13 Department shall commence a hearing under this Section.
14 (b) A request for a hearing by aggrieved persons shall
15 be taken to the Department as follows:
16 (1) Upon the receipt of a request in writing for a
17 hearing, the Director or a person designated in writing
18 by the Director to act as a hearing officer shall conduct
19 a hearing to review the decision.
20 (2) Before the hearing is held notice of the
21 hearing shall be sent by the Department to the person
22 making the request for the hearing and to the person
23 making the decision which is being reviewed. In the
24 notice the Department shall specify the date, time, and
25 place of the hearing, which shall be held not less than
26 10 days after the notice is mailed or delivered. The
27 notice shall designate the decision being reviewed. The
28 notice may be served by delivering it personally to the
29 parties or their representatives or by mailing it by
30 certified mail to the parties' addresses.
31 (3) The Department shall commence the hearing
32 within 30 days after the receipt of request for hearing.
33 The hearing shall proceed as expeditiously as
HB0427 Engrossed -18- LRB9101210JSpc
1 practicable, but in all cases shall conclude within 90
2 days after commencement.
3 (c) The Director or hearing officer shall permit any
4 party to appear in person and to be represented by counsel at
5 the hearing, at which time the applicant or licensee shall be
6 afforded an opportunity to present all relevant matter in
7 support of his or her position. In the event of the
8 inability of any party or the Department to procure the
9 attendance of witnesses to give testimony or produce books
10 and papers, any party or the Department may take the
11 deposition of witnesses in accordance with the provisions of
12 the laws of this State. All testimony shall be reduced to
13 writing, and all testimony and other evidence introduced at
14 the hearing shall be a part of the record of the hearing.
15 (d) The Director or hearing officer shall make findings
16 of fact in the hearing, and the Director shall render his or
17 her decision within 30 days after the termination of the
18 hearing, unless additional time not to exceed 90 days is
19 required by him or her for a proper disposition of the
20 matter. When the hearing has been conducted by a hearing
21 officer, the Director shall review the record and findings of
22 fact before rendering a decision. All decisions rendered by
23 the Director shall be binding upon and complied with by the
24 Department, the establishment, or the persons involved in the
25 hearing, as appropriate to each case.
26 Section 65. Revocation, suspension, or refusal to renew
27 license.
28 (a) The Department, after notice to the applicant or
29 licensee, may suspend, revoke, or refuse to renew a license
30 in any case in which the Department finds any of the
31 following:
32 (1) that there has been a substantial failure to
33 comply with this Act or the rules promulgated by the
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1 Department under this Act;
2 (2) that there has been a conviction of the
3 licensee, or of the person designated to manage or
4 supervise the establishment, of a felony or of 2 or more
5 misdemeanors involving moral turpitude during the
6 previous 5 years as shown by a certified copy of the
7 record of the court of conviction;
8 (3) that the personnel is insufficient in number or
9 unqualified by training or experience to properly care
10 for the number and type of residents served by the
11 establishment;
12 (4) that the financial or other resources are
13 insufficient to conduct and operate the establishment in
14 accordance with standards promulgated by the Department
15 under this Act; or
16 (5) that the establishment is not under the direct
17 supervision of a full-time director, as defined by rule.
18 (b) Notice under this Section shall include a clear and
19 concise statement of the violations on which the nonrenewal
20 or revocation is based, the statute or rule violated, and
21 notice of the opportunity for a hearing under Section 60.
22 (c) If an establishment desires to contest the
23 nonrenewal or revocation of a license, the establishment
24 shall, within 10 days after receipt of notice under
25 subsection (b) of this Section, notify the Department in
26 writing of its request for a hearing under Section 60. Upon
27 receipt of the request the Department shall send notice to
28 the establishment and hold a hearing as provided under
29 Section 60.
30 (d) The effective date of nonrenewal or revocation of a
31 license by the Department shall be any of the following:
32 (1) until otherwise ordered by the circuit court,
33 revocation is effective on the date set by the Department
34 in the notice of revocation, or upon final action after
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1 hearing under Section 60, whichever is later;
2 (2) until otherwise ordered by the circuit court,
3 nonrenewal is effective on the date of expiration of any
4 existing license, or upon final action after hearing
5 under Section 60, whichever is later; however, a license
6 shall not be deemed to have expired if the Department
7 fails to timely respond to a timely request for renewal
8 under this Act or for a hearing to contest nonrenewal; or
9 (3) the Department may extend the effective date of
10 license revocation or expiration in any case in order to
11 permit orderly removal and relocation of residents.
12 (e) The Department may refuse to issue or may suspend
13 the license of any person who fails to file a return, or to
14 pay the tax, penalty or interest shown in a filed return, or
15 to pay any final assessment of tax, penalty or interest, as
16 required by any tax Act administered by the Illinois
17 Department of Revenue, until such time as the requirements of
18 any such tax Act are satisfied.
19 Section 70. Service requirements. An establishment must
20 provide all mandatory services and may provide optional
21 services, including medication reminders, supervision of
22 self-administered medication and medication administration as
23 defined by this Section and nonmedical services defined by
24 rule, whether provided directly by the establishment or by
25 another entity arranged for by the establishment with the
26 consent of the resident or the resident's representative.
27 For the purposes of this Section, "medication reminders"
28 means reminding residents to take pre-dispensed,
29 self-administered medication, observing the resident, and
30 documenting whether or not the resident took the medication.
31 For the purposes of this Section, "supervision of
32 self-administered medication" means assisting the resident
33 with self-administered medication using any combination of
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1 the following: reminding residents to take medication,
2 reading the medication label to residents, checking the
3 self-administered medication dosage against the label of the
4 medication, confirming that residents have obtained and are
5 taking the dosage as prescribed, and documenting in writing
6 that the resident has taken (or refused to take) the
7 medication. If residents are physically unable to open the
8 container, the container may be opened for them. Supervision
9 of self-administered medication shall be under the direction
10 of a licensed health care professional.
11 For the purposes of this Section, "medication
12 administration" refers to a licensed health care professional
13 employed by an establishment engaging in administering
14 routine insulin and vitamin B-12 injections, oral
15 medications, topical treatments, eye and ear drops, or
16 nitroglycerin patches. Non-licensed staff may not administer
17 any medication.
18 The Department shall specify by rule procedures for
19 medication reminders, supervison of self-administered
20 medication, and medication administration.
21 Nothing in this Act shall preclude a physician licensed
22 to practice medicine in all its branches from providing
23 services to any resident.
24 Section 75. Residency Requirements.
25 (a) No individual shall be accepted for residency or
26 remain in residence if the establishment cannot provide or
27 secure appropriate services, if the individual requires a
28 level of service or type of service for which the
29 establishment is not licensed or which the establishment does
30 not provide, or if the establishment does not have the staff
31 appropriate in numbers and with appropriate skill to provide
32 such services.
33 (b) Only adults may be accepted for residency.
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1 (c) A person shall not be accepted for residency if:
2 (1) the person poses a serious threat to himself or
3 herself or to others;
4 (2) the person is not able to communicate his or
5 her needs and no resident representative residing in the
6 establishment has been appointed to direct the provision
7 of services;
8 (3) the person requires total assistance with 2 or
9 more activities of daily living;
10 (4) the person requires the assistance of more than
11 one paid caregiver at any given time with an activity of
12 daily living;
13 (5) the person requires more than minimal
14 assistance in moving to a safe area in an emergency;
15 (6) the person has a severe mental illness, which
16 for the purposes of this Section means a condition that
17 is characterized by the presence of a major mental
18 disorder as classified in the Diagnostic and Statistical
19 Manual of Mental Disorders, Fourth Edition (DSM-IV)
20 (American Psychiatric Association, 1994), where the
21 individual is substantially disabled due to mental
22 illness in the areas of self-maintenance, social
23 functioning, activities of community living and work
24 skills, and the disability specified is expected to be
25 present for a period of not less than one year, but does
26 not mean Alzheimer's disease and other forms of dementia
27 based on organic or physical disorders;
28 (7) the person requires intravenous therapy or
29 intravenous feedings unless self-administered or
30 administered by a qualified, licensed health care
31 professional;
32 (8) the person requires gastrostomy feedings unless
33 self-administered or administered by a licensed health
34 care professional;
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1 (9) the person requires insertion, sterile
2 irrigation, and replacement of catheter, except for
3 routine maintenance of urinary catheters, unless the
4 catheter care is self-administered or administered by a
5 licensed health care professional;
6 (10) the person requires sterile wound care unless
7 care is self-administered or administered by a licensed
8 health care professional;
9 (11) the person requires sliding scale insulin
10 administration unless self-performed or administered by a
11 licensed health care professional;
12 (12) the person is a diabetic requiring routine
13 insulin injections unless the injections are
14 self-administered or administered by a licensed health
15 care professional;
16 (13) the person requires treatment of stage 3 or
17 stage 4 decubitus ulcers or exfoliative dermatitis;
18 (14) the person requires 5 or more skilled nursing
19 visits per week for conditions other than those listed in
20 items (13) and (15) of this subsection for a period of 3
21 consecutive weeks or more except when the course of
22 treatment is expected to extend beyond a 3 week period
23 for rehabilitative purposes and is certified as temporary
24 by a physician; or
25 (15) other reasons prescribed by the Department by
26 rule.
27 (d) A resident with a condition listed in items (1)
28 through (12) of subsection (c) shall have his or her
29 residency terminated.
30 (e) Residency shall be terminated when services
31 available to the resident in the establishment are no longer
32 adequate to meet the needs of the resident. This provision
33 shall not be interpreted as limiting the authority of the
34 Department to require the residency termination of
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1 individuals.
2 (f) Subsection (d) of this Section shall not apply to
3 terminally ill residents who receive or would qualify for
4 hospice care coordinated by a hospice licensed under the
5 Hospice Program Licensing Act or other licensed health care
6 professional employed by a licensed home health agency and
7 the establishment and all parties agree to the continued
8 residency.
9 (g) Items (3), (4), (5), and (9) of subsection (c) shall
10 not apply to a quadriplegic, paraplegic, or individual with
11 neuro-muscular diseases, such as muscular dystrophy and
12 multiple sclerosis, or other chronic diseases and conditions
13 as defined by rule if the individual is able to communicate
14 his or her needs and does not require assistance with complex
15 medical problems, and the establishment is able to
16 accommodate the individual's needs.
17 (h) For the purposes of this Section, licensed health
18 care professionals shall not be employed by the
19 establishment, its parent, or any other entity with common
20 ownership.
21 Section 80. Involuntary termination of residency.
22 (a) Residency shall be involuntarily terminated only for
23 the following reasons:
24 (1) as provided in Section 75 of this Act;
25 (2) nonpayment of contracted charges after the
26 resident and the resident's representative have received
27 a minimum of 30-days written notice of the delinquency
28 and the resident or the resident's representative has had
29 at least 15 days to cure the delinquency; or
30 (3) failure to execute a service delivery contract
31 or to substantially comply with its terms and conditions,
32 failure to comply with the assessment requirements
33 contained in Section 15, or failure to substantially
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1 comply with the terms and conditions of the lease
2 agreement.
3 (b) A 30 day written notice of residency termination
4 shall be provided to the resident, the resident's
5 representative, or both, and the long term care ombudsman,
6 which shall include the reason for the pending action, the
7 date of the proposed move, and a notice, the content and form
8 to be set forth by rule, of the resident's right to appeal,
9 the steps that the resident or the resident's representative
10 must take to initiate an appeal, and a statement of the
11 resident's right to continue to reside in the establishment
12 until a decision is rendered. The notice shall include a
13 toll free telephone number to initiate an appeal and a
14 written hearing request form, together with a postage paid,
15 pre-addressed envelope to the Department. If the resident or
16 the resident's representative, if any, cannot read English,
17 the notice must be provided in a language the individual
18 receiving the notice can read or the establishment must
19 provide a translator who has been trained to assist the
20 resident or the resident's representative in the appeal
21 process. In emergency situations as defined in Section 10 of
22 this Act, written notice may be waived.
23 (c) The establishment shall attempt to resolve with the
24 resident or the resident's representative, if any,
25 circumstances that if not remedied have the potential of
26 resulting in an involuntary termination of residency and
27 shall document those efforts in the resident's file. This
28 action may occur prior to or during the 30 day notice period,
29 but must occur prior to the termination of the residency. In
30 emergency situations, the requirements of this subsection may
31 be waived.
32 (d) A request for a hearing shall stay an involuntary
33 termination of residency until a decision has been rendered
34 by the Department, according to a process adopted by rule.
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1 During this time period, the establishment may not terminate
2 or reduce any service for the purpose of making it more
3 difficult or impossible for the resident to remain in the
4 establishment.
5 (e) The establishment shall offer the resident and the
6 resident's representative, if any, residency termination and
7 relocation assistance including information on available
8 alternative placement. Residents shall be involved in
9 planning the move and shall choose among the available
10 alternative placements except when an emergency situation
11 makes prior resident involvement impossible. Emergency
12 placements are deemed temporary until the resident's input
13 can be sought in the final placement decision. No resident
14 shall be forced to remain in a temporary or permanent
15 placement.
16 (f) The Department may offer assistance to the
17 establishment and the resident in the preparation of
18 residency termination and relocation plans to assure safe and
19 orderly transition and to protect the resident's health,
20 safety, welfare, and rights. In nonemergencies, and where
21 possible in emergencies, the transition plan shall be
22 designed and implemented in advance of transfer or residency
23 termination.
24 Section 85. Contract requirements. No entity may
25 establish, operate, conduct, or maintain an establishment in
26 this State unless a written service delivery contract is
27 executed between the establishment and each resident or
28 resident's representative in accordance with Section 90 and
29 unless the establishment operates in accordance with the
30 terms of the contract. The resident or the resident's
31 representative shall be given a complete copy of the contract
32 and all supporting documents and attachments and any changes
33 whenever changes are made. If the resident does not
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1 understand English and if translated documents are not
2 available, the establishment must explain its policies to a
3 responsible relative or friend or another individual who has
4 agreed to communicate the information to the resident.
5 Section 90. Contents of service delivery contract. A
6 contract between an establishment and a resident must be
7 entitled "assisted living establishment contract" or "shared
8 housing establishment contract" as applicable, shall be
9 printed in no less than 12 point type, and shall include at
10 least the following elements in the body or through
11 supporting documents or attachments:
12 (1) the name, street address, and mailing address
13 of the establishment;
14 (2) the name and mailing address of the owner or
15 owners of the establishment and, if the owner or owners
16 are not natural persons, the type of business entity of
17 the owner or owners;
18 (3) the name and mailing address of the managing
19 agent of the establishment, whether hired under a
20 management agreement or lease agreement, if the managing
21 agent is different from the owner or owners;
22 (4) the name and address of at least one natural
23 person who is authorized to accept service on behalf of
24 the owners and managing agent;
25 (5) a statement describing the license status of
26 the establishment and the license status of all providers
27 of health-related or supportive services to a resident
28 under arrangement with the establishment;
29 (6) the duration of the contract;
30 (7) the base rate to be paid by the resident and a
31 description of the services to be provided as part of
32 this rate;
33 (8) a description of any additional services to be
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1 provided for an additional fee by the establishment
2 directly or by a third party provider under arrangement
3 with the establishment;
4 (9) the fee schedules outlining the cost of any
5 additional services;
6 (10) a description of the process through which the
7 contract may be modified, amended, or terminated;
8 (11) a description of the establishment's complaint
9 resolution process available to residents and notice of
10 the availability of the Department's Senior Helpline for
11 complaints;
12 (12) the name of the resident's designated
13 representative, if any;
14 (13) the resident's obligations in order to
15 maintain residency and receive services including
16 compliance with all assessments required under Section
17 15;
18 (14) the billing and payment procedures and
19 requirements;
20 (15) a statement affirming the resident's freedom
21 to receive services from service providers with whom the
22 establishment does not have a contractual arrangement,
23 which may also disclaim liability on the part of the
24 establishment for those services;
25 (16) a statement that medical assistance under
26 Article V or Article VI of the Illinois Public Aid Code
27 is not available for payment for services provided in an
28 establishment;
29 (17) a statement detailing the admission, risk
30 management, and residency termination criteria and
31 procedures;
32 (18) a statement listing the rights specified in
33 Section 92 and acknowledging that, by contracting with
34 the assisted living or shared housing establishment, the
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1 resident does not forfeit those rights; and
2 (19) a statement detailing the Department's annual
3 on-site review process including what documents contained
4 in a resident's personal file shall be reviewed by the
5 on-site reviewer as defined by rule.
6 Section 92. Resident rights. No resident shall be
7 deprived of any rights, benefits, or privileges guaranteed by
8 law, the Constitution of the State of Illinois, or the
9 Constitution of the United States solely on account of his or
10 her status as a resident of an establishment, nor shall a
11 resident forfeit any of the following rights:
12 (1) the right to retain and use personal property
13 and a place to store personal items that is locked and
14 secure;
15 (2) the right to refuse services and to be advised
16 of the consequences of that refusal;
17 (3) the right to respect for bodily privacy and
18 dignity at all times, especially during care and
19 treatment;
20 (4) the right to the free exercise of religion;
21 (5) the right to privacy with regard to mail, phone
22 calls, and visitors;
23 (6) the right to uncensored access to the State
24 Ombudsman or his or her designee;
25 (7) the right to be free of retaliation for
26 criticizing the establishment or making complaints to
27 appropriate agencies;
28 (8) the right to be free of chemical and physical
29 restraints;
30 (9) the right to be free of abuse or neglect or to
31 refuse to perform labor;
32 (10) the right to confidentiality of the resident's
33 medical records;
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1 (11) the right of access and the right to copy the
2 resident's personal files maintained by the
3 establishment;
4 (12) the right to 24 hours access to the
5 establishment;
6 (13) the right to a minimum of 90-days notice of a
7 planned establishment closure;
8 (14) the right to a minimum of 30-days notice of an
9 involuntary residency termination, except where the
10 resident poses a threat to himself or others, or in other
11 emergency situations, and the right to appeal such
12 termination; and
13 (15) the right to a 30-day notice of delinquency
14 and at least 15 days right to cure delinquency.
15 Section 95. Notice of closure. An owner of an
16 establishment licensed under this Act shall give 90 days
17 notice prior to voluntarily closing the establishment or
18 prior to closing any part of the establishment if closing the
19 part will require residency termination. The notice shall be
20 given to the Department, to any resident who must have their
21 residency terminated, the resident's representative, and to a
22 member of the resident's family, where practicable. The
23 notice shall state the proposed date of closing and the
24 reason for closing. The establishment shall offer to assist
25 the resident in securing an alternative placement and shall
26 advise the resident on available alternatives. Where the
27 resident is unable to choose an alternative placement and is
28 not under guardianship, the Department shall be notified of
29 the need for relocation assistance. The establishment shall
30 comply with all applicable laws and rules until the date of
31 closing, including those related to residency termination.
32 Section 100. Record retention. Service delivery
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1 contracts and related documents executed by each resident or
2 resident's representative shall be maintained by an
3 establishment subject to this Act from the date of execution
4 until 3 years after the contract is terminated. The
5 establishment shall also maintain and retain records to
6 support compliance with each individual contract and with
7 applicable federal and State rules. The records and
8 supporting documents, as defined by rule, shall be made
9 available for on-site inspection by the Department upon
10 request at any time.
11 Section 105. Powers and duties of the Department.
12 (a) The Department shall conduct an annual unannounced
13 on-site visit at each assisted living and shared housing
14 establishment to determine compliance with applicable
15 licensure requirements and standards. Additional visits may
16 be conducted without prior notice to the assisted living or
17 shared housing establishment.
18 (b) Upon receipt of information that may indicate the
19 failure of the assisted living or shared housing
20 establishment or a service provider to comply with a
21 provision of this Act, the Department shall investigate the
22 matter or make appropriate referrals to other government
23 agencies and entities having jurisdiction over the subject
24 matter of the possible violation. The Department may also
25 make referrals to any public or private agency that the
26 Department considers available for appropriate assistance to
27 those involved. The Department may oversee and coordinate the
28 enforcement of State consumer protection policies affecting
29 residents residing in an establishment licensed under this
30 Act.
31 (c) The Department shall establish by rule complaint
32 receipt, investigation, resolution, and involuntary
33 residency termination procedures. Resolution procedures
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1 shall provide for on-site review and evaluation of an
2 assisted living or shared housing establishment found to be
3 in violation of this Act within a specified period of time
4 based on the gravity and severity of the violation and any
5 pervasive pattern of occurrences of the same or similar
6 violations.
7 (d) The Director shall establish an Assisted Living and
8 Shared Housing Advisory Board.
9 (e) The Department shall by rule establish penalties and
10 sanctions, which shall include, but need not be limited to,
11 the creation of a schedule of graduated penalties and
12 sanctions to include closure.
13 (f) The Department shall by rule establish procedures
14 for disclosure of information to the public, which shall
15 include, but not be limited to, ownership, licensure status,
16 frequency of complaints, disposition of substantiated
17 complaints, and disciplinary actions.
18 (g) Beginning January 1, 2000, the Department shall
19 begin drafting rules necessary for the administration of this
20 Act.
21 Section 110. Reports and access to information. The
22 Department may require periodic reports and shall have access
23 to and may reproduce or photocopy at its cost any books,
24 records or other documents maintained by the establishment to
25 the extent necessary to carry out this Act and shall not
26 divulge or disclose the contents of a resident's record
27 obtained under this Section in violation of this Act.
28 Section 115. Consent to review. A licensee or applicant
29 for a license shall be deemed to have given consent to any
30 authorized officer, employee, or agent of the Department to
31 enter and review the establishment in accordance with this
32 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 120. 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) one representative each of the Departments of
16 Public Aid and Human Services, the Department on Aging,
17 the Office of the State Fire Marshal, and the Illinois
18 Housing Development Authority, all nonvoting members;
19 (3) the State Ombudsman or his or her designee;
20 (4) one representative of the Association of Area
21 Agencies on Aging;
22 (5) four members selected from the recommendations
23 by provider organizations whose membership consist of
24 nursing care or assisted living establishments;
25 (6) one member selected from the recommendations of
26 provider organizations whose membership consists of home
27 health agencies;
28 (7) two residents of assisted living
29 establishments;
30 (8) three members selected from the
31 recommendations of consumer organizations which engage
32 solely in advocacy or legal representation on behalf of
33 the senior population;
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1 (9) one member who shall be a physician;
2 (10) one member who shall be a registered
3 professional nurse selected from the recommendations of
4 professional nursing associations; and
5 (11) two citizen members with expertise in the area
6 of gerontology research.
7 (c) Members of the Board created by this Act shall be
8 appointed to serve for terms of 3 years. All members shall be
9 appointed no sooner than February 1, 2000 and no later than
10 March 1, 2000. One third of the Board members' initial terms
11 shall expire in one year; one third in 2 years, and one third
12 in 3 years. A member's term does not expire until a
13 successor is appointed by the Director. Any member
14 appointed to fill a vacancy occurring prior to the expiration
15 of the term for which his or her predecessor was appointed
16 shall be appointed for the remainder of that term. The Board
17 shall meet at the call of the Director. The affirmative vote
18 of 9 members of the Board shall be necessary for Board
19 action. Members of this Board shall receive no compensation
20 for their services, however, resident members shall be
21 reimbursed for their actual expenses.
22 (d) The Board shall be provided copies of all
23 administrative rules and changes to administrative rules for
24 review and comment prior to notice being given to the public.
25 If the Board, having been asked for its review, fails to
26 advise the Department within 90 days, the rules shall be
27 considered acted upon.
28 Section 125. Civil penalties.
29 (a) The Department may assess a civil penalty not to
30 exceed $5,000 against any establishment subject to this Act
31 for violations of this Act. Each day a violation continues
32 shall be deemed a separate violation.
33 (b) Beginning 180 days after the adoption of rules
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1 under this Act, the Department may assess a civil penalty
2 not to exceed $3,000 against any establishment subject to
3 this Act for caring for a resident who exceeds the care needs
4 defined in this Act. Each day a violation continues shall be
5 deemed a separate violation.
6 (c) The Department is authorized to hold hearings in
7 contested cases regarding appeals of the penalties assessed
8 pursuant to this Section.
9 Section 130. State and private funding. Nothing in this
10 Act shall:
11 (1) require or authorize the State agency
12 responsible for the administration of the medical
13 assistance program established under Article V and
14 Article VI of the Illinois Public Aid Code to approve,
15 supply, or cover services provided in an assisted living
16 or shared housing establishment;
17 (2) require an agency or a managed care
18 organization to approve, supply, or cover services
19 provided in an assisted living or shared housing
20 establishment; or
21 (3) require any other third party payer to approve,
22 supply or cover medically necessary home care services
23 provided in an assisted living establishment.
24 Section 135. Conversion of sheltered care facilities.
25 Entities licensed as sheltered care facilities under the
26 Nursing Home Care Act may elect to convert their sheltered
27 care license to a license under this Act. Any sheltered care
28 facility that chooses to convert, in whole or in part, shall
29 follow the requirements in the Nursing Home Care Act and
30 rules promulgated under that Act regarding voluntary closure
31 and notice to residents.
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1 Section 140. Alzheimer and dementia programs.
2 (a) Except as provided in this Section, Alzheimer and
3 dementia programs shall comply with provisions of this Act.
4 (b) No resident shall be admitted or retained if the
5 assisted living or shared housing establishment cannot
6 provide or secure appropriate care, if the resident requires
7 a level of service or type of service for which the
8 establishment is not licensed or which the establishment does
9 not provide, or if the establishment does not have the staff
10 appropriate in numbers and with appropriate skill to provide
11 such services.
12 (c) No person shall be accepted for residency or remain
13 in residence if:
14 (1) the person meets the criteria set forth in
15 Stage 6 or 7 of the Global Deterioration Scale for
16 Assessment of Primary Degenerative Dementia;
17 (2) the person is dangerous to self or others and
18 the establishment would be unable to eliminate the danger
19 through the use of appropriate treatment modalities; or
20 (3) the person meets the criteria provided in
21 Section 75 of this Act.
22 (d) An establishment that offers to provide a special
23 program or unit for persons with Alzheimer's disease and
24 related disorders shall:
25 (1) disclose to the Department and to a potential
26 or actual resident of the establishment information as
27 specified under the Alzheimer's Special Care Disclosure
28 Act;
29 (2) ensure that a resident's representative is
30 designated for the resident;
31 (3) develop and implement policies and procedures
32 that ensure the continued safety of all residents in the
33 establishment including, but not limited to, those who:
34 (A) may wander; and
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1 (B) may need supervision and assistance when
2 evacuating the building in an emergency;
3 (4) provide coordination of communications with
4 each resident, resident's representative, relatives and
5 other persons identified in the resident's service plan;
6 (5) provide cognitive stimulation and activities to
7 maximize functioning;
8 (6) provide an appropriate number of staff for its
9 resident population, as established by rule;
10 (7) require the director or administrator and
11 direct care staff to complete sufficient comprehensive
12 and ongoing dementia and cognitive deficit training, the
13 content of which shall be established by rule; and
14 (8) develop emergency procedures and staffing
15 patterns to respond to the needs of residents.
16 Section 145. Application of Act. An establishment
17 licensed under this Act shall obtain and maintain all other
18 licenses, permits, certificates, and other governmental
19 approvals required of it, except that a licensed assisted
20 living or shared housing establishment is exempt from the
21 provisions of the Illinois Health Facilities Planning Act.
22 An establishment licensed under this Act shall comply with
23 the requirements of all local, State, federal, and other
24 applicable laws, rules, and ordinances and the National Fire
25 Protection Association's Life Safety Code Chapter 21 (1985).
26 Section 150. Assisted Living and Shared Housing
27 Regulatory Fund. There is created in the State treasury a
28 special fund to be known as the Assisted Living and Shared
29 Housing Regulatory Fund. All moneys received by the
30 Department under this Act shall be deposited into the Fund.
31 Subject to appropriation, moneys in the Fund shall be used
32 for the administration of this Act. Interest earned on moneys
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1 in the Fund shall be deposited into the Fund.
2 Section 155. Report of the Department.
3 (a) The Department shall conduct a study or contract for
4 the conducting of a study to review the effects of this Act
5 on the availability of housing for seniors. The study shall
6 evaluate whether (i) sufficient housing exists to meet the
7 needs of Illinois seniors for housing, (ii) the services
8 available under this Act meet the needs of Illinois seniors,
9 (iii) the private sector marketplace is an adequate supplier
10 of housing with services for seniors, and (iv) any other
11 consideration the Department deems relevant.
12 (b) The study mandated by subsection (a) shall be
13 completed and its findings and recommendations reported to
14 the General Assembly no later than January 1, 2005.
15 Section 160. Severability. The provisions of this Act
16 are severable under Section 1.31 of the Statute on Statutes.
17 Section 190. The Illinois Act on the Aging is amended by
18 changing Section 4.04 as follows:
19 (20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
20 Sec. 4.04. Long Term Care Ombudsman Program.
21 (a) Long Term Care Ombudsman Program. The Department
22 shall establish a Long Term Care Ombudsman Program, through
23 the Office of State Long Term Care Ombudsman ("the Office"),
24 in accordance with the provisions of the Older Americans Act
25 of 1965, as now or hereafter amended.
26 (b) Definitions. As used in this Section, unless the
27 context requires otherwise:
28 (1) "Access" has the same meaning as in Section
29 1-104 of the Nursing Home Care Act, as now or hereafter
30 amended; that is, it means the right to:
HB0427 Engrossed -39- LRB9101210JSpc
1 (i) Enter any long term care facility or
2 assisted living or shared housing establishment;
3 (ii) Communicate privately and without
4 restriction with any resident who consents to the
5 communication;
6 (iii) Seek consent to communicate privately
7 and without restriction with any resident;
8 (iv) Inspect the clinical and other records of
9 a resident with the express written consent of the
10 resident;
11 (v) Observe all areas of the long term care
12 facility or assisted living or shared housing
13 establishment except the living area of any resident
14 who protests the observation.
15 (2) "Long Term Care Facility" means any facility as
16 defined by Section 1-113 of the Nursing Home Care Act, as
17 now or hereafter amended.
18 (2.5) "Assisted living establishment" and "shared
19 housing establishment" have the meanings given those
20 terms in Section 10 of the Assisted Living and Shared
21 Housing Act.
22 (3) "Ombudsman" means any person employed by the
23 Department to fulfill the requirements of the Office, or
24 any representative of a sub-State long term care
25 ombudsman program; provided that the representative,
26 whether he is paid for or volunteers his ombudsman
27 services, shall be qualified and authorized by the
28 Department to perform the duties of an ombudsman as
29 specified by the Department in rules.
30 (c) Ombudsman; rules. The Office of State Long Term Care
31 Ombudsman shall be composed of at least one full-time
32 ombudsman within the Department and shall include a system of
33 designated sub-State long term care ombudsman programs. Each
34 sub-State program shall be designated by the Department as a
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1 subdivision of the Office and any representative of a
2 sub-State program shall be treated as a representative of the
3 Office.
4 The Department shall promulgate administrative rules to
5 establish the responsibilities of the Department and the
6 Office of State Long Term Care Ombudsman. The administrative
7 rules shall include the responsibility of the Office to
8 investigate and resolve complaints made by or on behalf of
9 residents of long term care facilities and assisted living
10 and shared housing establishments relating to actions,
11 inaction, or decisions of providers, or their
12 representatives, of long term care facilities, of assisted
13 living and shared housing establishments, of public agencies,
14 or of social services agencies, which may adversely affect
15 the health, safety, welfare, or rights of such residents.
16 When necessary and appropriate, representatives of the Office
17 shall refer complaints to the appropriate regulatory State
18 agency.
19 (d) Access and visitation rights.
20 (1) In accordance with subparagraphs (A) and (E) of
21 paragraph (3) of subsection (c) of Section 1819 and
22 subparagraphs (A) and (E) of paragraph (3) of subsection
23 (c) of Section 1919 of the Social Security Act, as now or
24 hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E)
25 and 42 U.S.C. 1396r-3 (c)(3)(A) and (E)), and Section
26 307(a)(12) of the Older Americans Act of 1965, as now or
27 hereafter amended, a long term care facility, assisted
28 living establishment, and shared housing establishment
29 must:
30 (i) permit immediate access to any resident by
31 an ombudsman; and
32 (ii) permit representatives of the Office,
33 with the permission of the resident's legal
34 representative or legal guardian, to examine a
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1 resident's clinical and other records, and if a
2 resident is unable to consent to such review, and
3 has no legal guardian, permit representatives of the
4 Office appropriate access, as defined by the
5 Department in administrative rules, to the
6 resident's records.
7 (2) Each long term care facility, assisted living
8 establishment, and shared housing establishment shall
9 display, in multiple, conspicuous public places within
10 the facility accessible to both visitors and patients and
11 in an easily readable format, the address and phone
12 number of the Office, in a manner prescribed by the
13 Office.
14 (e) Immunity. An ombudsman or any other representative
15 of the Office participating in the good faith performance of
16 his or her official duties shall have immunity from any
17 liability (civil, criminal or otherwise) in any proceedings
18 (civil, criminal or otherwise) brought as a consequence of
19 the performance of his official duties.
20 (f) Business offenses.
21 (1) No person shall:
22 (i) Intentionally prevent, interfere with, or
23 attempt to impede in any way any representative of
24 the Office in the performance of his official duties
25 under this Act and the Older Americans Act of 1965;
26 or
27 (ii) Intentionally retaliate, discriminate
28 against, or effect reprisals against any long term
29 care facility resident or employee for contacting or
30 providing information to any representative of the
31 Office.
32 (2) A violation of this Section is a business
33 offense, punishable by a fine not to exceed $501.
34 (3) The Director of Aging shall notify the State's
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1 Attorney of the county in which the long term care
2 facility is located, or the Attorney General, of any
3 violations of this Section.
4 (g) Confidentiality of records and identities. No files
5 or records maintained by the Office of State Long Term Care
6 Ombudsman shall be disclosed unless the State Ombudsman or
7 the ombudsman having the authority over the disposition of
8 such files authorizes the disclosure in writing. The
9 ombudsman shall not disclose the identity of any complainant,
10 resident, witness or employee of a long term care provider
11 involved in a complaint or report unless such person or such
12 person's guardian or legal representative consents in writing
13 to the disclosure, or the disclosure is required by court
14 order.
15 (h) Legal representation. The Attorney General shall
16 provide legal representation to any representative of the
17 Office against whom suit or other legal action is brought in
18 connection with the performance of the representative's
19 official duties, in accordance with the State Employee
20 Indemnification Act "An Act to provide for representation and
21 indemnification in certain civil law suits", approved
22 December 3, 1977, as now or hereafter amended.
23 (i) Treatment by prayer and spiritual means. Nothing in
24 this Act shall be construed to authorize or require the
25 medical supervision, regulation, or control of remedial care
26 or treatment of any resident in a long term care facility
27 operated exclusively by and for members or adherents of any
28 church or religious denomination the tenets and practices of
29 which include reliance solely upon spiritual means through
30 prayer for healing.
31 (Source: P.A. 90-639, eff. 1-1-99.)
32 Section 191. The Illinois Health Facilities Planning Act
33 is amended by changing Section 3 as follows:
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1 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
2 Sec. 3. As used in this Act:
3 "Health care facilities" means and includes the following
4 facilities and organizations:
5 1. An ambulatory surgical treatment center required
6 to be licensed pursuant to the Ambulatory Surgical
7 Treatment Center Act;
8 2. An institution, place, building, or agency
9 required to be licensed pursuant to the Hospital
10 Licensing Act;
11 3. Skilled and intermediate long term care
12 facilities Any institution required to be licensed under
13 pursuant to the Nursing Home Care Act;
14 4. Hospitals, nursing homes, ambulatory surgical
15 treatment centers, or kidney disease treatment centers
16 maintained by the State or any department or agency
17 thereof; and
18 5. Kidney disease treatment centers, including a
19 free-standing hemodialysis unit.
20 No federally owned facility shall be subject to the
21 provisions of this Act, nor facilities used solely for
22 healing by prayer or spiritual means.
23 No facility licensed under the Supportive Residences
24 Licensing Act or the Assisted Living and Shared Housing Act
25 shall be subject to the provisions of this Act.
26 A facility designated as a supportive living facility
27 that is in good standing with the demonstration project
28 established under Section 5-5.01a of the Illinois Public Aid
29 Code shall not be subject to the provisions of this Act.
30 This Act does not apply to facilities granted waivers
31 under Section 3-102.2 of the Nursing Home Care Act. However,
32 if a demonstration project under that Act applies for a
33 certificate of need to convert to a nursing facility, it
34 shall meet the licensure and certificate of need requirements
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1 in effect as of the date of application.
2 With the exception of those health care facilities
3 specifically included in this Section, nothing in this Act
4 shall be intended to include facilities operated as a part of
5 the practice of a physician or other licensed health care
6 professional, whether practicing in his individual capacity
7 or within the legal structure of any partnership, medical or
8 professional corporation, or unincorporated medical or
9 professional group. Further, this Act shall not apply to
10 physicians or other licensed health care professional's
11 practices where such practices are carried out in a portion
12 of a health care facility under contract with such health
13 care facility by a physician or by other licensed health care
14 professionals, whether practicing in his individual capacity
15 or within the legal structure of any partnership, medical or
16 professional corporation, or unincorporated medical or
17 professional groups. This Act shall apply to construction or
18 modification and to establishment by such health care
19 facility of such contracted portion which is subject to
20 facility licensing requirements, irrespective of the party
21 responsible for such action or attendant financial
22 obligation.
23 "Person" means any one or more natural persons, legal
24 entities, governmental bodies other than federal, or any
25 combination thereof.
26 "Consumer" means any person other than a person (a) whose
27 major occupation currently involves or whose official
28 capacity within the last 12 months has involved the
29 providing, administering or financing of any type of health
30 care facility, (b) who is engaged in health research or the
31 teaching of health, (c) who has a material financial interest
32 in any activity which involves the providing, administering
33 or financing of any type of health care facility, or (d) who
34 is or ever has been a member of the immediate family of the
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1 person defined by (a), (b), or (c).
2 "State Board" means the Health Facilities Planning Board.
3 "Construction or modification" means the establishment,
4 erection, building, alteration, reconstruction,
5 modernization, improvement, extension, discontinuation,
6 change of ownership, of or by a health care facility, or the
7 purchase or acquisition by or through a health care facility
8 of equipment or service for diagnostic or therapeutic
9 purposes or for facility administration or operation, or any
10 capital expenditure made by or on behalf of a health care
11 facility which exceeds the capital expenditure minimum.
12 "Establish" means the construction of a health care
13 facility or the replacement of an existing facility on
14 another site.
15 "Major medical equipment" means medical equipment which
16 is used for the provision of medical and other health
17 services and which costs in excess of the capital expenditure
18 minimum, except that such term does not include medical
19 equipment acquired by or on behalf of a clinical laboratory
20 to provide clinical laboratory services if the clinical
21 laboratory is independent of a physician's office and a
22 hospital and it has been determined under Title XVIII of the
23 Social Security Act to meet the requirements of paragraphs
24 (10) and (11) of Section 1861(s) of such Act. In determining
25 whether medical equipment has a value in excess of the
26 capital expenditure minimum, the value of studies, surveys,
27 designs, plans, working drawings, specifications, and other
28 activities essential to the acquisition of such equipment
29 shall be included.
30 "Capital Expenditure" means an expenditure: (A) made by
31 or on behalf of a health care facility (as such a facility is
32 defined in this Act); and (B) which under generally accepted
33 accounting principles is not properly chargeable as an
34 expense of operation and maintenance, or is made to obtain by
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1 lease or comparable arrangement any facility or part thereof
2 or any equipment for a facility or part; and which exceeds
3 the capital expenditure minimum.
4 For the purpose of this paragraph, the cost of any
5 studies, surveys, designs, plans, working drawings,
6 specifications, and other activities essential to the
7 acquisition, improvement, expansion, or replacement of any
8 plant or equipment with respect to which an expenditure is
9 made shall be included in determining if such expenditure
10 exceeds the capital expenditures minimum. Donations of
11 equipment or facilities to a health care facility which if
12 acquired directly by such facility would be subject to review
13 under this Act shall be considered capital expenditures, and
14 a transfer of equipment or facilities for less than fair
15 market value shall be considered a capital expenditure for
16 purposes of this Act if a transfer of the equipment or
17 facilities at fair market value would be subject to review.
18 "Capital expenditure minimum" means $1,000,000 for major
19 medical equipment and $2,000,000 for all other capital
20 expenditures, both of which shall be annually adjusted to
21 reflect the increase in construction costs due to inflation.
22 "Areawide" means a major area of the State delineated on
23 a geographic, demographic, and functional basis for health
24 planning and for health service and having within it one or
25 more local areas for health planning and health service. The
26 term "region", as contrasted with the term "subregion", and
27 the word "area" may be used synonymously with the term
28 "areawide".
29 "Local" means a subarea of a delineated major area that
30 on a geographic, demographic, and functional basis may be
31 considered to be part of such major area. The term
32 "subregion" may be used synonymously with the term "local".
33 "Areawide health planning organization" or "Comprehensive
34 health planning organization" means the health systems agency
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1 designated by the Secretary, Department of Health and Human
2 Services or any successor agency.
3 "Local health planning organization" means those local
4 health planning organizations that are designated as such by
5 the areawide health planning organization of the appropriate
6 area.
7 "Physician" means a person licensed to practice in
8 accordance with the Medical Practice Act of 1987, as amended.
9 "Licensed health care professional" means a person
10 licensed to practice a health profession under pertinent
11 licensing statutes of the State of Illinois.
12 "Director" means the Director of the Illinois Department
13 of Public Health.
14 "Agency" means the Illinois Department of Public Health.
15 "Comprehensive health planning" means health planning
16 concerned with the total population and all health and
17 associated problems that affect the well-being of people and
18 that encompasses health services, health manpower, and health
19 facilities; and the coordination among these and with those
20 social, economic, and environmental factors that affect
21 health.
22 "Alternative health care model" means a facility or
23 program authorized under the Alternative Health Care Delivery
24 Act.
25 (Source: P.A. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96;
26 90-14, eff. 7-1-97.)
27 Section 192. The State Finance Act is amended by adding
28 Section 5.490 as follows:
29 (30 ILCS 105/5.490 new)
30 Sec. 5.490. The Assisted Living and Shared Housing
31 Regulatory Fund.
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1 Section 193. The Alzheimer's Special Care Disclosure Act
2 is amended by changing Section 10 as follows:
3 (210 ILCS 4/10)
4 Sec. 10. Facility defined. As used in this Act,
5 "facility" means a facility licensed or permitted under the
6 Nursing Home Care Act, the Life Care Facility Act, the
7 Assisted Living and Shared Housing Act, or the Community
8 Living Facilities Licensing Act.
9 (Source: P.A. 90-341, eff. 1-1-98.)
10 Section 194. The Abused and Neglected Long Term Care
11 Facility Residents Reporting Act is amended by changing
12 Section 4 as follows:
13 (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
14 Sec. 4. Any long term care facility administrator, agent
15 or employee or any physician, hospital, surgeon, dentist,
16 osteopath, chiropractor, podiatrist, Christian Science
17 practitioner, coroner, social worker, social services
18 administrator, registered nurse, law enforcement officer,
19 field personnel of the Illinois Department of Public Aid,
20 field personnel of the Illinois Department of Public Health
21 and County or Municipal Health Departments, personnel of the
22 Department of Human Services (acting as the successor to the
23 Department of Mental Health and Developmental Disabilities or
24 the Department of Public Aid), personnel of the Guardianship
25 and Advocacy Commission, personnel of the State Fire Marshal,
26 local fire department inspectors or other personnel, or
27 personnel of the Illinois Department on Aging, or its
28 subsidiary Agencies on Aging, or employee of a facility
29 licensed under the Assisted Living and Shared Housing Act,
30 having reasonable cause to believe any resident with whom
31 they have direct contact has been subjected to abuse or
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1 neglect shall immediately report or cause a report to be made
2 to the Department. Persons required to make reports or cause
3 reports to be made under this Section include all employees
4 of the State of Illinois who are involved in providing
5 services to residents, including professionals providing
6 medical or rehabilitation services and all other persons
7 having direct contact with residents; and further include all
8 employees of community service agencies who provide services
9 to a resident of a public or private long term care facility
10 outside of that facility. Any long term care surveyor of the
11 Illinois Department of Public Health who has reasonable cause
12 to believe in the course of a survey that a resident has been
13 abused or neglected and initiates an investigation while on
14 site at the facility shall be exempt from making a report
15 under this Section but the results of any such investigation
16 shall be forwarded to the central register in a manner and
17 form described by the Department.
18 The requirement of this Act shall not relieve any long
19 term care facility administrator, agent or employee of
20 responsibility to report the abuse or neglect of a resident
21 under Section 3-610 of the Nursing Home Care Act.
22 In addition to the above persons required to report
23 suspected resident abuse and neglect, any other person may
24 make a report to the Department, or to any law enforcement
25 officer, if such person has reasonable cause to suspect a
26 resident has been abused or neglected.
27 This Section also applies to residents whose death occurs
28 from suspected abuse or neglect before being found or brought
29 to a hospital.
30 A person required to make reports or cause reports to be
31 made under this Section who fails to comply with the
32 requirements of this Section is guilty of a Class A
33 misdemeanor.
34 (Source: P.A. 89-507, eff. 7-1-97.)
HB0427 Engrossed -50- LRB9101210JSpc
1 Section 195. The Nursing Home Care Act is amended by
2 changing Section 1-113 as follows:
3 (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
4 Sec. 1-113. "Facility" or "long-term care facility"
5 means a private home, institution, building, residence, or
6 any other place, whether operated for profit or not, or a
7 county home for the infirm and chronically ill operated
8 pursuant to Division 5-21 or 5-22 of the Counties Code, or
9 any similar institution operated by a political subdivision
10 of the State of Illinois, which provides, through its
11 ownership or management, personal care, sheltered care or
12 nursing for 3 or more persons, not related to the applicant
13 or owner by blood or marriage. It includes skilled nursing
14 facilities and intermediate care facilities as those terms
15 are defined in Title XVIII and Title XIX of the Federal
16 Social Security Act. It also includes homes, institutions, or
17 other places operated by or under the authority of the
18 Illinois Department of Veterans' Affairs.
19 "Facility" does not include the following:
20 (1) A home, institution, or other place operated by the
21 federal government or agency thereof, or by the State of
22 Illinois, other than homes, institutions, or other places
23 operated by or under the authority of the Illinois Department
24 of Veterans' Affairs;
25 (2) A hospital, sanitarium, or other institution whose
26 principal activity or business is the diagnosis, care, and
27 treatment of human illness through the maintenance and
28 operation as organized facilities therefor, which is required
29 to be licensed under the Hospital Licensing Act;
30 (3) Any "facility for child care" as defined in the
31 Child Care Act of 1969;
32 (4) Any "Community Living Facility" as defined in the
33 Community Living Facilities Licensing Act;
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1 (5) Any "community residential alternative" as defined
2 in the Community Residential Alternatives Licensing Act;
3 (6) Any nursing home or sanatorium operated solely by
4 and for persons who rely exclusively upon treatment by
5 spiritual means through prayer, in accordance with the creed
6 or tenets of any well-recognized church or religious
7 denomination. However, such nursing home or sanatorium shall
8 comply with all local laws and rules relating to sanitation
9 and safety;
10 (7) Any facility licensed by the Department of Human
11 Services as a community-integrated living arrangement as
12 defined in the Community-Integrated Living Arrangements
13 Licensure and Certification Act;
14 (8) Any "Supportive Residence" licensed under the
15 Supportive Residences Licensing Act; or
16 (9) Any "supportive living facility" in good standing
17 with the demonstration project established under Section
18 5-5.01a of the Illinois Public Aid Code; or.
19 (10) Any assisted living or shared housing establishment
20 licensed under the Assisted Living and Shared Housing Act.
21 (Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
22 90-14, eff. 7-1-97; 90-763, eff. 8-14-98.)
23 Section 196. The Health Care Worker Background Check Act
24 is amended by changing Section 15 as follows:
25 (225 ILCS 46/15)
26 Sec. 15. Definitions. For the purposes of this Act, the
27 following definitions apply:
28 "Applicant" means an individual seeking employment with a
29 health care employer who has received a bona fide conditional
30 offer of employment.
31 "Conditional offer of employment" means a bona fide offer
32 of employment by a health care employer to an applicant,
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1 which is contingent upon the receipt of a report from the
2 Department of State Police indicating that the applicant does
3 not have a record of conviction of any of the criminal
4 offenses enumerated in Section 25.
5 "Direct care" means the provision of nursing care or
6 assistance with meals, dressing, movement, bathing, or other
7 personal needs or maintenance, or general supervision and
8 oversight of the physical and mental well-being of an
9 individual who is incapable of managing his or her person
10 whether or not a guardian has been appointed for that
11 individual.
12 "Health care employer" means:
13 (1) the owner or licensee of any of the following:
14 (i) a community living facility, as defined in the
15 Community Living Facilities Act;
16 (ii) a life care facility, as defined in the Life
17 Care Facilities Act;
18 (iii) a long-term care facility, as defined in the
19 Nursing Home Care Act;
20 (iv) a home health agency, as defined in the Home
21 Health Agency Licensing Act;
22 (v) a full hospice, as defined in the Hospice
23 Program Licensing Act;
24 (vi) a hospital, as defined in the Hospital
25 Licensing Act;
26 (vii) a community residential alternative, as
27 defined in the Community Residential Alternatives
28 Licensing Act;
29 (viii) a nurse agency, as defined in the Nurse
30 Agency Licensing Act;
31 (ix) a respite care provider, as defined in the
32 Respite Program Act;
33 (x) an establishment licensed under the Assisted
34 Living and Shared Housing Act;
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1 (xi) a supportive living program, as defined in the
2 Illinois Public Aid Code;
3 (2) a day training program certified by the Department
4 of Human Services; or
5 (3) a community integrated living arrangement operated
6 by a community mental health and developmental service
7 agency, as defined in the Community-Integrated Living
8 Arrangements Licensing and Certification Act.
9 "Initiate" means the obtaining of the authorization for a
10 record check from a student, applicant, or employee. The
11 educational entity or health care employer or its designee
12 shall transmit all necessary information and fees to the
13 Illinois State Police within 10 working days after receipt of
14 the authorization.
15 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
16 89-674, eff. 8-14-96; 90-14, eff. 7-1-97; 90-776, eff.
17 1-1-99.)
18 Section 197. The Criminal Code of 1961 is amended by
19 changing Section 12-19 as follows:
20 (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
21 Sec. 12-19. Abuse and Gross Neglect of a Long Term Care
22 Facility Resident.
23 (a) Any person or any owner or licensee of a long term
24 care facility who abuses a long term care facility resident
25 is guilty of a Class 3 felony. Any person or any owner or
26 licensee of a long term care facility who grossly neglects a
27 long term care facility resident is guilty of a Class 4
28 felony. However, nothing herein shall be deemed to apply to
29 a physician licensed to practice medicine in all its branches
30 or a duly licensed nurse providing care within the scope of
31 his or her professional judgment and within the accepted
32 standards of care within the community.
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1 (b) Notwithstanding the penalties in subsections (a) and
2 (c) and in addition thereto, if a licensee or owner of a long
3 term care facility or his or her employee has caused neglect
4 of a resident, the licensee or owner is guilty of a petty
5 offense. An owner or licensee is guilty under this
6 subsection (b) 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 (c) Notwithstanding the penalties in subsections (a) and
11 (b) and in addition thereto, if a licensee or owner of a long
12 term care facility or his or her employee has caused gross
13 neglect of a resident, the licensee or owner is guilty of a
14 business offense for which a fine of not more than $10,000
15 may be imposed. An owner or licensee is guilty under this
16 subsection (c) only if the owner or licensee failed to
17 exercise reasonable care in the hiring, training, supervising
18 or providing of staff or other related routine administrative
19 responsibilities.
20 (d) For the purpose of this Section:
21 (1) "Abuse" means intentionally or knowingly
22 causing any physical or mental injury or committing any
23 sexual offense set forth in this Code.
24 (2) "Gross neglect" means recklessly failing to
25 provide adequate medical or personal care or maintenance,
26 which failure results in physical or mental injury or the
27 deterioration of a physical or mental condition.
28 (3) "Neglect" means negligently failing to provide
29 adequate medical or personal care or maintenance, which
30 failure results in physical or mental injury or the
31 deterioration of a physical or mental condition.
32 (4) "Resident" means a person residing in a long
33 term care facility.
34 (5) "Owner" means the person who owns a long term
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1 care facility as provided under the Nursing Home Care Act
2 or an assisted living or shared housing establishment
3 under the Assisted Living and Shared Housing Act.
4 (6) "Licensee" means the individual or entity
5 licensed to operate a facility under the Nursing Home
6 Care Act or the Assisted Living and Shared Housing Act.
7 (7) "Facility" or "long term care facility" means a
8 private home, institution, building, residence, or any
9 other place, whether operated for profit or not, or a
10 county home for the infirm and chronically ill operated
11 pursuant to Division 5-21 or 5-22 of the Counties Code,
12 or any similar institution operated by the State of
13 Illinois or a political subdivision thereof, which
14 provides, through its ownership or management, personal
15 care, sheltered care or nursing for 3 or more persons not
16 related to the owner by blood or marriage. The term also
17 includes skilled nursing facilities and intermediate care
18 facilities as defined in Title XVIII and Title XIX of the
19 federal Social Security Act and assisted living
20 establishments and shared housing establishments licensed
21 under the Assisted Living and Shared Housing Act.
22 (e) Nothing contained in this Section shall be deemed to
23 apply to the medical supervision, regulation or control of
24 the remedial care or treatment of residents in a facility
25 conducted for those who rely upon treatment by prayer or
26 spiritual means in accordance with the creed or tenets of any
27 well recognized church or religious denomination and which is
28 licensed in accordance with Section 3-803 of the Nursing Home
29 Care Act.
30 (Source: P.A. 86-820; 86-1475.)
31 Section 199. Effective date. This Section, Section 10,
32 Section 105, and Section 120 of this Act take effect upon
33 becoming law; the remaining Sections of this Act take effect
HB0427 Engrossed -56- LRB9101210JSpc
1 January 1, 2001.
HB0427 Engrossed -57- LRB9101210JSpc
1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 105/4.04 from Ch. 23, par. 6104.04
4 20 ILCS 3960/3 from Ch. 111 1/2, par. 1153
5 30 ILCS 105/5.490 new
6 210 ILCS 4/10
7 210 ILCS 30/4 from Ch. 111 1/2, par. 4164
8 210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113
9 225 ILCS 46/15
10 720 ILCS 5/12-19 from Ch. 38, par. 12-19