Human Services Committee
Adopted in House Comm. on Mar 04, 2004
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1 | AMENDMENT TO HOUSE BILL 4493
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2 | AMENDMENT NO. ______. Amend House Bill 4493 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Assisted Living and Shared Housing Act is | ||||||
5 | amended by changing Sections 10, 40, 55, 60, 76, 110, and 125 | ||||||
6 | as follows:
| ||||||
7 | (210 ILCS 9/10)
| ||||||
8 | Sec. 10. Definitions. For purposes of this Act:
| ||||||
9 | "Activities of daily living" means eating, dressing, | ||||||
10 | bathing, toileting,
transferring, or personal
hygiene.
| ||||||
11 | "Advisory Board" means the Assisted Living and Shared | ||||||
12 | Housing Standards and Quality of Life Advisory Board.
| ||||||
13 | "Assisted living establishment" or "establishment" means a | ||||||
14 | home, building,
residence, or any
other place where sleeping | ||||||
15 | accommodations are provided for at least 3
unrelated adults,
at | ||||||
16 | least 80% of whom are 55 years of age or older and where the | ||||||
17 | following are
provided
consistent with the purposes of this | ||||||
18 | Act:
| ||||||
19 | (1) services consistent with a social model that is | ||||||
20 | based on the premise
that the
resident's unit in assisted | ||||||
21 | living and shared housing is his or her own home;
| ||||||
22 | (2) community-based residential care for persons who | ||||||
23 | need assistance with
activities of
daily living, including | ||||||
24 | personal, supportive, and intermittent
health-related |
| |||||||
| |||||||
1 | services available 24 hours per day, if needed, to meet the
| ||||||
2 | scheduled
and
unscheduled needs of a resident;
| ||||||
3 | (3) mandatory services, whether provided directly by | ||||||
4 | the establishment or
by another
entity arranged for by the | ||||||
5 | establishment, with the consent of the resident or
| ||||||
6 | resident's
representative; and
| ||||||
7 | (4) a physical environment that is a homelike
setting | ||||||
8 | that
includes the following and such other elements as | ||||||
9 | established by the Department
in
conjunction with the | ||||||
10 | Assisted Living and Shared Housing Standards and Quality of | ||||||
11 | Life Advisory Board:
individual living units each of which | ||||||
12 | shall accommodate small kitchen
appliances
and contain | ||||||
13 | private bathing, washing, and toilet facilities, or | ||||||
14 | private washing
and
toilet facilities with a common bathing | ||||||
15 | room readily accessible to each
resident.
Units shall be | ||||||
16 | maintained for single occupancy except in cases in which 2
| ||||||
17 | residents
choose to share a unit. Sufficient common space | ||||||
18 | shall exist to permit
individual and
group activities.
| ||||||
19 | "Assisted living establishment" or "establishment" does | ||||||
20 | not mean any of the
following:
| ||||||
21 | (1) A home, institution, or similar place operated by | ||||||
22 | the federal
government or the
State of Illinois.
| ||||||
23 | (2) A long term care facility licensed under the | ||||||
24 | Nursing Home Care Act.
However, a
long term care facility | ||||||
25 | may convert distinct parts of the facility to assisted
| ||||||
26 | living. If
the long term care facility elects to do so, the | ||||||
27 | facility shall retain the
Certificate of
Need for its | ||||||
28 | nursing and sheltered care beds that were converted.
| ||||||
29 | (3) A hospital, sanitarium, or other institution, the | ||||||
30 | principal activity
or business of
which is the diagnosis, | ||||||
31 | care, and treatment of human illness and that is
required | ||||||
32 | to
be licensed under the Hospital Licensing Act.
| ||||||
33 | (4) A facility for child care as defined in the Child | ||||||
34 | Care Act of 1969.
|
| |||||||
| |||||||
1 | (5) A community living facility as defined in the | ||||||
2 | Community Living
Facilities
Licensing Act.
| ||||||
3 | (6) A nursing home or sanitarium operated solely by and | ||||||
4 | for persons who
rely
exclusively upon treatment by | ||||||
5 | spiritual means through prayer in accordance with
the creed | ||||||
6 | or tenants of a well-recognized church or religious | ||||||
7 | denomination.
| ||||||
8 | (7) A facility licensed by the Department of Human | ||||||
9 | Services as a
community-integrated living arrangement as | ||||||
10 | defined in the Community-Integrated
Living
Arrangements | ||||||
11 | Licensure and Certification Act.
| ||||||
12 | (8) A supportive residence licensed under the | ||||||
13 | Supportive Residences
Licensing Act.
| ||||||
14 | (9) A life care facility as defined in the Life Care | ||||||
15 | Facilities Act; a
life care facility may
apply under this | ||||||
16 | Act to convert sections of the community to assisted | ||||||
17 | living.
| ||||||
18 | (10) A free-standing hospice facility licensed under | ||||||
19 | the Hospice Program
Licensing Act.
| ||||||
20 | (11) A shared housing establishment.
| ||||||
21 | (12) A supportive living facility as described in | ||||||
22 | Section 5-5.0la of the
Illinois Public Aid
Code.
| ||||||
23 | "Department" means the Department of Public Health.
| ||||||
24 | "Director" means the Director of Public Health.
| ||||||
25 | "Emergency situation" means imminent danger of death or | ||||||
26 | serious physical
harm to a
resident of an establishment.
| ||||||
27 | "License" means any of the following types of licenses | ||||||
28 | issued to an applicant
or licensee by the
Department:
| ||||||
29 | (1) "Probationary license" means a license issued to an | ||||||
30 | applicant or
licensee
that has not
held a license under | ||||||
31 | this Act prior to its application or pursuant to a license
| ||||||
32 | transfer in accordance with Section 50 of this Act.
| ||||||
33 | (2) "Regular license" means a license issued by the | ||||||
34 | Department to an
applicant or
licensee that is in
|
| |||||||
| |||||||
1 | substantial compliance with this Act and any rules | ||||||
2 | promulgated
under this Act.
| ||||||
3 | "Licensee" means a person, agency, association, | ||||||
4 | corporation, partnership, or
organization that
has been issued | ||||||
5 | a license to operate an assisted living or shared housing
| ||||||
6 | establishment.
| ||||||
7 | "Licensed health care professional" means a registered | ||||||
8 | professional nurse,
an advanced practice nurse, a physician | ||||||
9 | assistant, and a licensed practical
nurse.
| ||||||
10 | "Mandatory services" include the following:
| ||||||
11 | (1) 3 meals per day available to the residents prepared | ||||||
12 | by the
establishment or an
outside contractor;
| ||||||
13 | (2) housekeeping services including, but not limited | ||||||
14 | to, vacuuming,
dusting, and
cleaning the resident's unit;
| ||||||
15 | (3) personal laundry and linen services available to | ||||||
16 | the residents
provided
or arranged
for by the | ||||||
17 | establishment;
| ||||||
18 | (4) security provided 24 hours each day including, but | ||||||
19 | not limited to,
locked entrances
or building or contract | ||||||
20 | security personnel;
| ||||||
21 | (5) an emergency communication response system, which | ||||||
22 | is a procedure in
place 24
hours each day by which a | ||||||
23 | resident can notify building management, an emergency
| ||||||
24 | response vendor, or others able to respond to his or her | ||||||
25 | need for assistance;
and
| ||||||
26 | (6) assistance with activities of daily living as | ||||||
27 | required by each
resident.
| ||||||
28 | "Negotiated risk" is the process by which a resident, or | ||||||
29 | his or her
representative,
may formally
negotiate with | ||||||
30 | providers what risks each are willing and unwilling to assume | ||||||
31 | in
service provision
and the resident's living environment. The | ||||||
32 | provider assures that the resident
and the
resident's | ||||||
33 | representative, if any, are informed of the risks of these | ||||||
34 | decisions
and of
the potential
consequences of assuming these |
| |||||||
| |||||||
1 | risks.
| ||||||
2 | "Owner" means the individual, partnership, corporation, | ||||||
3 | association, or other
person who owns
an assisted living or | ||||||
4 | shared housing establishment. In the event an assisted
living | ||||||
5 | or shared
housing establishment is operated by a person who | ||||||
6 | leases or manages the
physical plant, which is
owned by another | ||||||
7 | person, "owner" means the person who operates the assisted
| ||||||
8 | living or shared
housing establishment, except that if the | ||||||
9 | person who owns the physical plant is
an affiliate of the
| ||||||
10 | person who operates the assisted living or shared housing | ||||||
11 | establishment and has
significant
control over the day to day | ||||||
12 | operations of the assisted living or shared housing
| ||||||
13 | establishment, the
person who owns the physical plant shall | ||||||
14 | incur jointly and severally with the
owner all liabilities
| ||||||
15 | imposed on an owner under this Act.
| ||||||
16 | "Physician" means a person licensed
under the Medical | ||||||
17 | Practice Act of 1987
to practice medicine in all of its
| ||||||
18 | branches.
| ||||||
19 | "Resident" means a person residing in an assisted living or | ||||||
20 | shared housing
establishment.
| ||||||
21 | "Resident's representative" means a person, other than the | ||||||
22 | owner, agent, or
employee of an
establishment or of the health | ||||||
23 | care provider unless related to the resident,
designated in | ||||||
24 | writing by a
resident to be his or her
representative. This | ||||||
25 | designation may be accomplished through the Illinois
Power of | ||||||
26 | Attorney Act, pursuant to the guardianship process under the | ||||||
27 | Probate
Act of 1975, or pursuant to an executed designation of | ||||||
28 | representative form
specified by the Department.
| ||||||
29 | "Self" means the individual or the individual's designated | ||||||
30 | representative.
| ||||||
31 | "Shared housing establishment" or "establishment" means a | ||||||
32 | publicly or
privately operated free-standing
residence for 12 | ||||||
33 | or fewer persons, at least 80% of whom are 55
years of age or | ||||||
34 | older
and who are unrelated to the owners and one manager of |
| |||||||
| |||||||
1 | the residence, where
the following are provided:
| ||||||
2 | (1) services consistent with a social model that is | ||||||
3 | based on the premise
that the resident's unit is his or her | ||||||
4 | own home;
| ||||||
5 | (2) community-based residential care for persons who | ||||||
6 | need assistance with
activities of daily living, including | ||||||
7 | housing and personal, supportive, and
intermittent | ||||||
8 | health-related services available 24 hours per day, if | ||||||
9 | needed, to
meet the scheduled and unscheduled needs of a | ||||||
10 | resident; and
| ||||||
11 | (3) mandatory services, whether provided directly by | ||||||
12 | the establishment or
by another entity arranged for by the | ||||||
13 | establishment, with the consent of the
resident or the | ||||||
14 | resident's representative.
| ||||||
15 | "Shared housing establishment" or "establishment" does not | ||||||
16 | mean any of the
following:
| ||||||
17 | (1) A home, institution, or similar place operated by | ||||||
18 | the federal
government or the State of Illinois.
| ||||||
19 | (2) A long term care facility licensed under the | ||||||
20 | Nursing Home Care Act.
A long term care facility may, | ||||||
21 | however, convert sections of the facility to
assisted | ||||||
22 | living. If the long term care facility elects to do so, the | ||||||
23 | facility
shall retain the Certificate of Need for its | ||||||
24 | nursing beds that were
converted.
| ||||||
25 | (3) A hospital, sanitarium, or other institution, the | ||||||
26 | principal activity
or business of which is the diagnosis, | ||||||
27 | care, and treatment of human illness and
that is required | ||||||
28 | to be licensed under the Hospital Licensing Act.
| ||||||
29 | (4) A facility for child care as defined in the Child | ||||||
30 | Care Act of 1969.
| ||||||
31 | (5) A community living facility as defined in the | ||||||
32 | Community Living
Facilities Licensing Act.
| ||||||
33 | (6) A nursing home or sanitarium operated solely by and | ||||||
34 | for persons who
rely exclusively upon treatment by |
| |||||||
| |||||||
1 | spiritual means through prayer in accordance
with the creed | ||||||
2 | or tenants of a well-recognized church or religious
| ||||||
3 | denomination.
| ||||||
4 | (7) A facility licensed by the Department of Human | ||||||
5 | Services as a
community-integrated
community-intergrated
| ||||||
6 | living arrangement as defined in the Community-Integrated
| ||||||
7 | Living Arrangements Licensure and Certification Act.
| ||||||
8 | (8) A supportive residence licensed under the | ||||||
9 | Supportive Residences
Licensing Act.
| ||||||
10 | (9) A life care facility as defined in the Life Care | ||||||
11 | Facilities Act; a
life care facility may apply under this | ||||||
12 | Act to convert sections of the
community to assisted | ||||||
13 | living.
| ||||||
14 | (10) A free-standing hospice facility licensed under | ||||||
15 | the Hospice Program
Licensing Act.
| ||||||
16 | (11) An assisted living establishment.
| ||||||
17 | (12) A supportive living facility as described in | ||||||
18 | Section 5-5.01a of the
Illinois Public Aid Code.
| ||||||
19 | "Total assistance" means that staff or another individual | ||||||
20 | performs the entire
activity of daily
living without | ||||||
21 | participation by the resident.
| ||||||
22 | (Source: P.A. 91-656, eff. 1-1-01.)
| ||||||
23 | (210 ILCS 9/40)
| ||||||
24 | Sec. 40. Probationary licenses. If the applicant has not | ||||||
25 | been
previously licensed under this
Act or if the establishment | ||||||
26 | is not in operation at the time the application is
made and if | ||||||
27 | the Department determines that the applicant meets the | ||||||
28 | licensure requirements of this Act , the Department
shall
may
| ||||||
29 | issue a probationary license. A probationary license shall be | ||||||
30 | valid for
120 days unless
sooner suspended or revoked. Within | ||||||
31 | 30 days prior to the termination of a
probationary license,
the | ||||||
32 | Department shall fully and completely review the establishment | ||||||
33 | and, if the
establishment
meets the applicable requirements for |
| |||||||
| |||||||
1 | licensure, shall issue a license. If the
Department finds
that | ||||||
2 | the establishment does not meet the requirements for licensure, | ||||||
3 | but has
made substantial
progress toward meeting those | ||||||
4 | requirements, the license may be renewed once for
a period not | ||||||
5 | to
exceed 120 days from the expiration date of the initial | ||||||
6 | probationary license.
| ||||||
7 | (Source: P.A. 91-656, eff. 1-1-01.)
| ||||||
8 | (210 ILCS 9/55)
| ||||||
9 | Sec. 55. Grounds for denial of a license.
An application | ||||||
10 | for a license may be denied for any of the following reasons:
| ||||||
11 | (1) failure to meet any of the standards set forth in | ||||||
12 | this Act or by rules
adopted by the Department under this | ||||||
13 | Act;
| ||||||
14 | (2) conviction of the applicant, or if the applicant is | ||||||
15 | a firm,
partnership,
or association, of any of
its members, | ||||||
16 | or if a corporation, the conviction of the corporation or | ||||||
17 | any of
its officers or
stockholders, or of the person | ||||||
18 | designated to manage or supervise the
establishment, of a
| ||||||
19 | felony or of 2 or more misdemeanors involving moral | ||||||
20 | turpitude during the
previous 5
years as shown by a | ||||||
21 | certified copy of the record of the court of conviction;
| ||||||
22 | (3) personnel insufficient in number or unqualified by | ||||||
23 | training or
experience to properly care for
the residents;
| ||||||
24 | (4) insufficient financial or other resources to | ||||||
25 | operate and conduct the
establishment in
accordance with | ||||||
26 | standards adopted by the Department under this Act;
| ||||||
27 | (5) revocation of a license during the previous 5
| ||||||
28 | years,
if such prior license
was issued to the individual | ||||||
29 | applicant, a controlling owner or controlling
combination | ||||||
30 | of
owners of the applicant; or any affiliate of the | ||||||
31 | individual applicant or
controlling owner of
the applicant | ||||||
32 | and such individual applicant, controlling owner of the | ||||||
33 | applicant
or affiliate of
the applicant was a controlling |
| |||||||
| |||||||
1 | owner of the prior license; provided, however,
that the | ||||||
2 | denial
of an application for a license pursuant to this | ||||||
3 | Section must be supported
by evidence that
the prior | ||||||
4 | revocation renders the applicant unqualified or incapable | ||||||
5 | of meeting
or
maintaining an establishment in accordance | ||||||
6 | with the standards and rules
adopted by the
Department | ||||||
7 | under this Act; or
| ||||||
8 | (6) the establishment is not under the direct | ||||||
9 | supervision of a full-time
director, as defined by
rule.
| ||||||
10 | The Department shall deny an application for a license if 6 | ||||||
11 | months after submitting its initial application the applicant | ||||||
12 | has not provided the Department with all of the information | ||||||
13 | required for review and approval or the applicant is not | ||||||
14 | actively pursuing the processing of its application. In | ||||||
15 | addition, the Department shall determine whether the applicant | ||||||
16 | has violated any provision of the Nursing Home Care Act.
| ||||||
17 | (Source: P.A. 91-656, eff. 1-1-01.)
| ||||||
18 | (210 ILCS 9/60)
| ||||||
19 | Sec. 60. Notice of denial; request for hearing; hearing.
| ||||||
20 | (a) Immediately upon the denial of any application or | ||||||
21 | reapplication for a
license under this
Act, the Department | ||||||
22 | shall notify the applicant in writing. Notice of
denial shall | ||||||
23 | include a
clear and concise statement of the violations of this | ||||||
24 | Act on which the denial
is based and
notice of the opportunity | ||||||
25 | for a hearing. If the applicant or licensee wishes
to contest | ||||||
26 | the
denial of a license, it shall provide written notice to the | ||||||
27 | Department of a
request for a hearing
within 10 days after | ||||||
28 | receipt of the notice of denial. The Department shall
commence | ||||||
29 | a
hearing under this Section.
| ||||||
30 | (b) A request for a hearing by aggrieved persons shall be | ||||||
31 | taken to the
Department as follows:
| ||||||
32 | (1) Upon the receipt of a request in writing for a | ||||||
33 | hearing, the Director
or a person
designated in writing by |
| |||||||
| |||||||
1 | the Director to act as a hearing officer shall conduct
a
| ||||||
2 | hearing to review the decision.
| ||||||
3 | (2) Before the hearing is held notice of the hearing | ||||||
4 | shall be sent by the
Department to the
person making the | ||||||
5 | request for the hearing and to the person making the | ||||||
6 | decision
which is being reviewed. In the notice the | ||||||
7 | Department shall specify the date,
time,
and place of the | ||||||
8 | hearing, which shall be held not less than 10 days after | ||||||
9 | the
notice is
mailed or delivered. The notice shall | ||||||
10 | designate the decision being reviewed.
The
notice may be | ||||||
11 | served by delivering it personally to the parties or their
| ||||||
12 | representatives
or by mailing it by certified mail to the | ||||||
13 | parties' addresses.
| ||||||
14 | (3) The Department shall commence the hearing within 30 | ||||||
15 | days after the
receipt of request
for hearing. The hearing | ||||||
16 | shall proceed as expeditiously as practicable, but in
all | ||||||
17 | cases
shall conclude within 90 days after commencement. | ||||||
18 | (b-5) The Director or his or her designee may compel, by | ||||||
19 | subpoena or subpoena duces tecum, the attendance and testimony | ||||||
20 | of witnesses and the production of books, papers, documents, | ||||||
21 | and records and may administer oaths to witnesses.
| ||||||
22 | (c) The Director or hearing officer shall permit any party | ||||||
23 | to appear in
person and to be
represented by counsel at the | ||||||
24 | hearing, at which time the applicant or licensee
shall be
| ||||||
25 | afforded an opportunity to present all relevant matter in | ||||||
26 | support of his or her
position. In the
event of the inability | ||||||
27 | of any party or the Department to procure the attendance
of | ||||||
28 | witnesses to
give testimony or produce books and papers, any | ||||||
29 | party or the Department may
take the
deposition of witnesses in | ||||||
30 | accordance with the provisions of the laws of this
State. All
| ||||||
31 | testimony shall be reduced to writing, and all testimony and | ||||||
32 | other
evidence introduced
at the hearing shall be a part of the | ||||||
33 | record of the hearing.
| ||||||
34 | (d) The Director or hearing officer shall make findings of |
| |||||||
| |||||||
1 | fact in the
hearing, and the Director
shall render his or her | ||||||
2 | decision within 30 days after the termination of the
hearing, | ||||||
3 | unless
additional time not to exceed 90 days is required by him | ||||||
4 | or her for a proper
disposition of the
matter. When the hearing | ||||||
5 | has been conducted by a hearing officer, the Director
shall | ||||||
6 | review
the record and findings of fact before rendering a | ||||||
7 | decision. All decisions
rendered by the
Director shall be | ||||||
8 | binding upon and complied with by the Department, the
| ||||||
9 | establishment, or
the persons involved in the hearing, as | ||||||
10 | appropriate to each case.
| ||||||
11 | (Source: P.A. 91-656, eff. 1-1-01.)
| ||||||
12 | (210 ILCS 9/76)
| ||||||
13 | Sec. 76. Vaccinations.
Pneumonia shots.
| ||||||
14 | (a) Before a prospective resident's admission to an
| ||||||
15 | assisted living establishment or a shared housing | ||||||
16 | establishment that does not provide medication administration | ||||||
17 | as an optional service , the
establishment shall advise the | ||||||
18 | prospective resident to consult a
physician to determine | ||||||
19 | whether the prospective resident should obtain a
vaccination | ||||||
20 | against pneumococcal pneumonia or influenza, or both . | ||||||
21 | (b) An assisted living establishment or shared housing | ||||||
22 | establishment that provides medication administration as an | ||||||
23 | optional service shall annually administer a vaccination | ||||||
24 | against influenza to
each
resident, in accordance with the | ||||||
25 | recommendations of the Advisory Committee on
Immunization | ||||||
26 | Practices of the Centers for Disease Control and Prevention | ||||||
27 | that
are most
recent to the time of vaccination, unless the | ||||||
28 | vaccination is medically
contraindicated or
the resident has | ||||||
29 | refused the vaccine. Influenza vaccinations for all residents
| ||||||
30 | age 65 or
over shall be completed by November 30 of each year | ||||||
31 | or as soon as practicable
if vaccine
supplies are not available | ||||||
32 | before November 1. Residents admitted after November
30,
during | ||||||
33 | the flu season, and until February 1 shall, as medically |
| |||||||
| |||||||
1 | appropriate,
receive an influenza vaccination prior to or upon | ||||||
2 | admission or as soon as
practicable if vaccine
supplies are not | ||||||
3 | available at the time of the admission, unless the vaccine is
| ||||||
4 | medically
contraindicated or the resident has refused the | ||||||
5 | vaccine. In the event that the
Advisory
Committee on | ||||||
6 | Immunization Practices of the Centers for Disease Control and
| ||||||
7 | Prevention
determines that dates of administration other than | ||||||
8 | those stated in this Section are
optimal to
protect the health | ||||||
9 | of residents, the Department is authorized to adopt rules
to | ||||||
10 | require
vaccinations at those times rather than the times | ||||||
11 | stated in this Section. An establishment shall document in the | ||||||
12 | resident's medication record that an annual
vaccination | ||||||
13 | against influenza
was administered, refused, or medically | ||||||
14 | contraindicated. | ||||||
15 | An assisted living establishment or shared housing | ||||||
16 | establishment that provides medication administration as an | ||||||
17 | optional service shall administer or arrange for | ||||||
18 | administration of a pneumococcal
vaccination to each resident | ||||||
19 | who is age 65 or over, in accordance with the
recommendations | ||||||
20 | of the Advisory Committee on Immunization Practices of the
| ||||||
21 | Centers
for Disease Control and Prevention, who has not | ||||||
22 | received this immunization
prior to or
upon admission to the | ||||||
23 | establishment, unless the resident refuses the offer for
| ||||||
24 | vaccination or the
vaccination is medically contraindicated. | ||||||
25 | An establishment shall document in each
resident's
medication | ||||||
26 | record that a vaccination against pneumococcal pneumonia was | ||||||
27 | offered
and administered, refused, or medically | ||||||
28 | contraindicated.
| ||||||
29 | (Source: P.A. 92-562, eff. 6-24-02.)
| ||||||
30 | (210 ILCS 9/110)
| ||||||
31 | Sec. 110. Powers and duties of the Department.
| ||||||
32 | (a) The Department shall conduct an annual unannounced | ||||||
33 | on-site visit at
each
assisted living and shared
housing |
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1 | establishment to determine compliance with applicable | ||||||
2 | licensure
requirements and
standards. Additional visits may be | ||||||
3 | conducted without prior notice to the
assisted living
or shared | ||||||
4 | housing
establishment.
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5 | (b) Upon receipt of information that may indicate the | ||||||
6 | failure of the
assisted living or shared housing
establishment | ||||||
7 | or a service provider to comply with a provision of this Act,
| ||||||
8 | the Department shall
investigate the matter or make appropriate | ||||||
9 | referrals to other government
agencies and entities having
| ||||||
10 | jurisdiction over the subject matter of the possible violation. | ||||||
11 | The Department
may also make
referrals to any public or private | ||||||
12 | agency that the Department considers
available for appropriate
| ||||||
13 | assistance to those involved. The Department may oversee and | ||||||
14 | coordinate the
enforcement of State
consumer protection | ||||||
15 | policies affecting residents residing in an establishment
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16 | licensed under this Act.
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17 | (c) The Department shall establish by rule complaint | ||||||
18 | receipt,
investigation,
resolution, and involuntary
residency | ||||||
19 | termination procedures. Resolution procedures shall provide | ||||||
20 | for
on-site review and
evaluation of an assisted living or | ||||||
21 | shared housing establishment found to be
in violation of this | ||||||
22 | Act
within a specified period of time based on the gravity and | ||||||
23 | severity of the
violation and any pervasive
pattern of | ||||||
24 | occurrences of the same or similar violations.
| ||||||
25 | (d) The Governor shall establish an Assisted Living and | ||||||
26 | Shared Housing Standards and Quality of Life
Advisory Board.
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27 | (e) The Department shall by rule establish penalties and | ||||||
28 | sanctions, which
shall include, but need not be limited to,
the | ||||||
29 | creation of a schedule of graduated penalties and sanctions to | ||||||
30 | include
closure.
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31 | (f) The Department shall by rule establish procedures for | ||||||
32 | disclosure of
information to the public, which
shall include, | ||||||
33 | but not be limited to, ownership, licensure status, frequency | ||||||
34 | of
complaints, disposition of
substantiated complaints, and |
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| |||||||
1 | disciplinary actions.
| ||||||
2 | (g) (Blank).
The Department shall cooperate with, seek the | ||||||
3 | advice of, and collaborate
with the Assisted Living and Shared | ||||||
4 | Housing Quality of Life Advisory Committee
in the Department on | ||||||
5 | Aging on
matters related to the responsibilities of the | ||||||
6 | Committee. Consistent with
subsection (d) of
Section 125, the | ||||||
7 | Department shall provide to the Department on Aging for
| ||||||
8 | distribution to the committee copies of all administrative | ||||||
9 | rules and changes to
administrative rules for review and | ||||||
10 | comment prior to notice being given to the
public. If the | ||||||
11 | Committee, having been asked for its review, fails to respond
| ||||||
12 | within 90 days, the rules shall be
considered acted upon.
| ||||||
13 | (h) Beginning January 1, 2000, the Department shall begin | ||||||
14 | drafting rules
necessary for the administration
of this Act.
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15 | (Source: P.A. 91-656, eff. 1-1-01.)
| ||||||
16 | (210 ILCS 9/125)
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17 | Sec. 125. Assisted Living and Shared Housing Standards and | ||||||
18 | Quality of Life Advisory Board.
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19 | (a) The Governor shall appoint the Assisted Living and | ||||||
20 | Shared Housing
Standards and Quality of Life Advisory Board | ||||||
21 | which shall be
responsible for advising the Director in all | ||||||
22 | aspects of the administration of
the Act. The Board shall give | ||||||
23 | advice to the Department concerning activities of the assisted | ||||||
24 | living ombudsman and all other matters deemed relevant by the | ||||||
25 | Director and to the Director concerning the delivery of | ||||||
26 | personal care services, the unique needs and concerns of | ||||||
27 | seniors residing in housing projects, and all other issues | ||||||
28 | affecting the quality of life of residents.
| ||||||
29 | (b) The Board shall be comprised of the following persons:
| ||||||
30 | (1) the Director who shall serve as chair, ex officio | ||||||
31 | and nonvoting;
| ||||||
32 | (2) the Director of Aging who shall serve as | ||||||
33 | vice-chair, ex officio
and nonvoting;
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| |||||||
1 | (3) one representative each of the Departments of
| ||||||
2 | Public Health, Public Aid, and Human Services, the | ||||||
3 | Department on Aging, the
Office of
the State Fire Marshal, | ||||||
4 | and the Illinois Housing
Development Authority, and 2 | ||||||
5 | representatives of the Department on Aging, all nonvoting | ||||||
6 | members;
| ||||||
7 | (4) the State Ombudsman or his or her designee;
| ||||||
8 | (5) one representative of the Association of Area | ||||||
9 | Agencies on Aging;
| ||||||
10 | (6) four members selected from the recommendations by | ||||||
11 | provider
organizations
whose membership consist of nursing | ||||||
12 | care or assisted living establishments;
| ||||||
13 | (7) one member selected from the recommendations of | ||||||
14 | provider organizations
whose
membership consists of home | ||||||
15 | health agencies;
| ||||||
16 | (8) two residents of assisted living or shared housing | ||||||
17 | establishments;
| ||||||
18 | (9) three members selected from the recommendations of | ||||||
19 | consumer
organizations
which engage solely in advocacy or | ||||||
20 | legal representation on behalf of the
senior
population;
| ||||||
21 | (10) one member who shall be a physician;
| ||||||
22 | (11) one member who shall be a registered professional | ||||||
23 | nurse selected from
the
recommendations
of professional | ||||||
24 | nursing associations; and
| ||||||
25 | (12) two citizen members with expertise in the area of | ||||||
26 | gerontology
research or legal research regarding | ||||||
27 | implementation of assisted living
statutes ; .
| ||||||
28 | (13) two members representing providers of community | ||||||
29 | care services; and | ||||||
30 | (14) one member representing agencies providing case | ||||||
31 | coordination services.
| ||||||
32 | (c) Members of the Board appointed under paragraphs (5) | ||||||
33 | through (14) of subsection (b)
created by this Act shall be | ||||||
34 | appointed to serve for
terms of 3 years except as otherwise |
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| |||||||
1 | provided in this Section .
All members shall be appointed by | ||||||
2 | January 1, 2001 , except that the 2 members representing the | ||||||
3 | Department on Aging appointed under paragraph (3) of subsection | ||||||
4 | (b) and the members appointed under paragraphs (13) and (14) of | ||||||
5 | subsection (b) shall be appointed by January 1, 2005 .
One third | ||||||
6 | of the Board members' initial terms shall expire in one year;
| ||||||
7 | one third in 2
years, and one third in 3 years. Of the 3 members | ||||||
8 | appointed under paragraphs (13) and (14) of subsection (b), one | ||||||
9 | shall serve for an initial term of one year, one shall serve | ||||||
10 | for an initial term of 2 years, and one shall serve for an | ||||||
11 | initial term of 3 years. A member's term does not expire until | ||||||
12 | a
successor is
appointed by the Governor. Any member appointed | ||||||
13 | to fill a vacancy occurring
prior to the
expiration of the term | ||||||
14 | for which his or her predecessor was appointed shall be
| ||||||
15 | appointed
for the remainder of that term. The Board shall meet | ||||||
16 | at the call of the
Director. The
affirmative vote of 10
9
| ||||||
17 | members of the Board shall be necessary for Board
action. | ||||||
18 | Members
of this Board shall receive no compensation for their | ||||||
19 | services, however,
resident members
shall be reimbursed for | ||||||
20 | their actual expenses.
| ||||||
21 | (d) The Board shall be provided copies of all | ||||||
22 | administrative rules and
changes to administrative rules for | ||||||
23 | review and comment prior to notice being
given to the public. | ||||||
24 | If the Board, having been asked for its
review,
fails to advise | ||||||
25 | the Department within 90 days, the rules shall be considered
| ||||||
26 | acted upon.
| ||||||
27 | (Source: P.A. 91-656, eff. 1-1-01.)
| ||||||
28 | (210 ILCS 9/130 rep.)
| ||||||
29 | Section 6. The Assisted Living and Shared Housing Act is | ||||||
30 | amended by repealing Section 130. | ||||||
31 | Section 99. Effective date. This Act takes effect upon | ||||||
32 | becoming law.".
|