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91_SB1613sam001
LRB9112970JSpcam
1 AMENDMENT TO SENATE BILL 1613
2 AMENDMENT NO. . Amend Senate Bill 1613 on page 3,
3 line 30, by replacing "County" with "County, owned by a
4 not-for-profit entity, and endorsed by a resolution approved
5 by the county board before the effective date of this
6 amendatory Act of the 91st General Assembly"; and
7 on page 10 by replacing lines 28 through 32 with the
8 following:
9 "plan shall have defined goals."; and
10 on page 11, line 3, by replacing "An" with "All staff must
11 have necessary training to care for all stages of Alzheimer's
12 Disease. An"; and
13 on page 11 by replacing line 15 with the following:
14 "center. An Alzheimer's disease management center model
15 shall have no more than 100 residents. Nothing in this
16 paragraph (5) shall be construed as prohibiting a person or
17 facility from providing services and care to persons with
18 Alzheimer's disease as otherwise authorized under State
19 law."; and
20 on page 12 by inserting immediately below line 3 the
21 following:
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1 "Section 15. 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 (Text of Section before amendment by P.A. 91-656)
5 Sec. 1-113. "Facility" or "long-term care facility"
6 means a private home, institution, building, residence, or
7 any other place, whether operated for profit or not, or a
8 county home for the infirm and chronically ill operated
9 pursuant to Division 5-21 or 5-22 of the Counties Code, or
10 any similar institution operated by a political subdivision
11 of the State of Illinois, which provides, through its
12 ownership or management, personal care, sheltered care or
13 nursing for 3 or more persons, not related to the applicant
14 or owner by blood or marriage. It includes skilled nursing
15 facilities and intermediate care facilities as those terms
16 are defined in Title XVIII and Title XIX of the Federal
17 Social Security Act. It also includes homes, institutions, or
18 other places operated by or under the authority of the
19 Illinois Department of Veterans' Affairs.
20 "Facility" does not include the following:
21 (1) A home, institution, or other place operated by the
22 federal government or agency thereof, or by the State of
23 Illinois, other than homes, institutions, or other places
24 operated by or under the authority of the Illinois Department
25 of Veterans' Affairs;
26 (2) A hospital, sanitarium, or other institution whose
27 principal activity or business is the diagnosis, care, and
28 treatment of human illness through the maintenance and
29 operation as organized facilities therefor, which is required
30 to be licensed under the Hospital Licensing Act;
31 (3) Any "facility for child care" as defined in the
32 Child Care Act of 1969;
33 (4) Any "Community Living Facility" as defined in the
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1 Community Living Facilities Licensing Act;
2 (5) Any "community residential alternative" as defined
3 in the Community Residential Alternatives Licensing Act;
4 (6) Any nursing home or sanatorium operated solely by
5 and for persons who rely exclusively upon treatment by
6 spiritual means through prayer, in accordance with the creed
7 or tenets of any well-recognized church or religious
8 denomination. However, such nursing home or sanatorium shall
9 comply with all local laws and rules relating to sanitation
10 and safety;
11 (7) Any facility licensed by the Department of Human
12 Services as a community-integrated living arrangement as
13 defined in the Community-Integrated Living Arrangements
14 Licensure and Certification Act;
15 (8) Any "Supportive Residence" licensed under the
16 Supportive Residences Licensing Act; or
17 (9) Any "supportive living facility" in good standing
18 with the demonstration project established under Section
19 5-5.01a of the Illinois Public Aid Code; or.
20 (11) An Alzheimer's disease management center
21 alternative health care model licensed under the Alternative
22 Health Care Delivery Act.
23 (Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
24 90-14, eff. 7-1-97; 90-763, eff. 8-14-98.)
25 (Text of Section after amendment by P.A. 91-656)
26 Sec. 1-113. "Facility" or "long-term care facility"
27 means a private home, institution, building, residence, or
28 any other place, whether operated for profit or not, or a
29 county home for the infirm and chronically ill operated
30 pursuant to Division 5-21 or 5-22 of the Counties Code, or
31 any similar institution operated by a political subdivision
32 of the State of Illinois, which provides, through its
33 ownership or management, personal care, sheltered care or
34 nursing for 3 or more persons, not related to the applicant
-4- LRB9112970JSpcam
1 or owner by blood or marriage. It includes skilled nursing
2 facilities and intermediate care facilities as those terms
3 are defined in Title XVIII and Title XIX of the Federal
4 Social Security Act. It also includes homes, institutions, or
5 other places operated by or under the authority of the
6 Illinois Department of Veterans' Affairs.
7 "Facility" does not include the following:
8 (1) A home, institution, or other place operated by the
9 federal government or agency thereof, or by the State of
10 Illinois, other than homes, institutions, or other places
11 operated by or under the authority of the Illinois Department
12 of Veterans' Affairs;
13 (2) A hospital, sanitarium, or other institution whose
14 principal activity or business is the diagnosis, care, and
15 treatment of human illness through the maintenance and
16 operation as organized facilities therefor, which is required
17 to be licensed under the Hospital Licensing Act;
18 (3) Any "facility for child care" as defined in the
19 Child Care Act of 1969;
20 (4) Any "Community Living Facility" as defined in the
21 Community Living Facilities Licensing Act;
22 (5) Any "community residential alternative" as defined
23 in the Community Residential Alternatives Licensing Act;
24 (6) Any nursing home or sanatorium operated solely by
25 and for persons who rely exclusively upon treatment by
26 spiritual means through prayer, in accordance with the creed
27 or tenets of any well-recognized church or religious
28 denomination. However, such nursing home or sanatorium shall
29 comply with all local laws and rules relating to sanitation
30 and safety;
31 (7) Any facility licensed by the Department of Human
32 Services as a community-integrated living arrangement as
33 defined in the Community-Integrated Living Arrangements
34 Licensure and Certification Act;
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1 (8) Any "Supportive Residence" licensed under the
2 Supportive Residences Licensing Act;
3 (9) Any "supportive living facility" in good standing
4 with the demonstration project established under Section
5 5-5.01a of the Illinois Public Aid Code; or
6 (10) Any assisted living or shared housing establishment
7 licensed under the Assisted Living and Shared Housing Act;
8 or.
9 (11) An Alzheimer's disease management center
10 alternative health care model licensed under the Alternative
11 Health Care Delivery Act.
12 (Source: P.A. 90-14, eff. 7-1-97; 90-763, eff. 8-14-98;
13 91-656, eff. 1-1-01.)
14 Section 20. The Hospital Licensing Act is amended by
15 changing Section 3 as follows:
16 (210 ILCS 85/3) (from Ch. 111 1/2, par. 144)
17 Sec. 3. As used in this Act:
18 (A) "Hospital" means any institution, place, building,
19 or agency, public or private, whether organized for profit or
20 not, devoted primarily to the maintenance and operation of
21 facilities for the diagnosis and treatment or care of 2 or
22 more unrelated persons admitted for overnight stay or longer
23 in order to obtain medical, including obstetric, psychiatric
24 and nursing, care of illness, disease, injury, infirmity, or
25 deformity.
26 The term "hospital", without regard to length of stay,
27 shall also include:
28 (a) any facility which is devoted primarily to
29 providing psychiatric and related services and programs
30 for the diagnosis and treatment or care of 2 or more
31 unrelated persons suffering from emotional or nervous
32 diseases;
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1 (b) all places where pregnant females are received,
2 cared for, or treated during delivery irrespective of the
3 number of patients received.
4 The term "hospital" includes general and specialized
5 hospitals, tuberculosis sanitaria, mental or psychiatric
6 hospitals and sanitaria, and includes maternity homes,
7 lying-in homes, and homes for unwed mothers in which care is
8 given during delivery.
9 The term "hospital" does not include:
10 (1) any person or institution required to be
11 licensed pursuant to the Nursing Home Care Act, as
12 amended;
13 (2) hospitalization or care facilities maintained
14 by the State or any department or agency thereof, where
15 such department or agency has authority under law to
16 establish and enforce standards for the hospitalization
17 or care facilities under its management and control;
18 (3) hospitalization or care facilities maintained
19 by the federal government or agencies thereof;
20 (4) hospitalization or care facilities maintained
21 by any university or college established under the laws
22 of this State and supported principally by public funds
23 raised by taxation;
24 (5) any person or facility required to be licensed
25 pursuant to the Alcoholism and Other Drug Abuse and
26 Dependency Act; or
27 (6) any facility operated solely by and for persons
28 who rely exclusively upon treatment by spiritual means
29 through prayer, in accordance with the creed or tenets of
30 any well-recognized church or religious denomination; or.
31 (7) An Alzheimer's disease management center
32 alternative health care model licensed under the
33 Alternative Health Care Delivery Act.
34 (B) "Person" means the State, and any political
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1 subdivision or municipal corporation, individual, firm,
2 partnership, corporation, company, association, or joint
3 stock association, or the legal successor thereof.
4 (C) "Department" means the Department of Public Health
5 of the State of Illinois.
6 (D) "Director" means the Director of Public Health of
7 the State of Illinois.
8 (E) "Perinatal" means the period of time between the
9 conception of an infant and the end of the first month after
10 birth.
11 (F) "Federally designated organ procurement agency"
12 means the organ procurement agency designated by the
13 Secretary of the U.S. Department of Health and Human Services
14 for the service area in which a hospital is located; except
15 that in the case of a hospital located in a county adjacent
16 to Wisconsin which currently contracts with an organ
17 procurement agency located in Wisconsin that is not the organ
18 procurement agency designated by the U.S. Secretary of Health
19 and Human Services for the service area in which the hospital
20 is located, if the hospital applies for a waiver pursuant to
21 42 USC 1320b-8(a), it may designate an organ procurement
22 agency located in Wisconsin to be thereafter deemed its
23 federally designated organ procurement agency for the
24 purposes of this Act.
25 (G) "Tissue bank" means any facility or program
26 operating in Illinois that is certified by the American
27 Association of Tissue Banks or the Eye Bank Association of
28 America and is involved in procuring, furnishing, donating,
29 or distributing corneas, bones, or other human tissue for the
30 purpose of injecting, transfusing, or transplanting any of
31 them into the human body. "Tissue bank" does not include a
32 licensed blood bank. For the purposes of this Act, "tissue"
33 does not include organs.
34 (Source: P.A. 88-670, eff. 12-2-94; 89-393, eff. 8-20-95.)".