93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5686


 
Introduced 2/6/2004, by Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 		













210 ILCS 9/5










    Amends the Assisted Living and Shared Housing Act.  Makes a technical change
in
the legislative purpose Section.
















LRB093 16605 DRJ 42254 b

















 


 


A BILL FOR









 











HB5686

LRB093 16605 DRJ 42254 b






1
    AN ACT concerning assisted living. 

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Assisted Living and Shared Housing Act is 
5
amended by changing
Section 5 as follows:


 
6
    (210 ILCS 9/5)

7
    Sec. 5. Legislative purpose.   The purpose of this Act is to 
8
permit  the
development and
availability of assisted living 
9
establishments and shared housing
establishments
based on a 
10
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 provide

13
for the health, safety,
and  welfare of those residents residing 
14
in assisted living and shared
housing
establishments in
this 
15
State; to promote  continuous quality improvement in assisted 
16
living; and
to encourage the
development of innovative and  
17
affordable  assisted  living establishments and
shared housing

18
with  service establishments for elderly persons of all income  
19
levels.  It is
the public policy of
this State that assisted  
20
living is an important part of the continuum of
long term care.  
21
In support
of the goal of aging in place within the parameters 
22
established by this Act,
assisted  living
and shared housing 
23
establishments shall  be operated as
residential environments

24
with supportive  services designed to meet the individual 
25
resident's changing
needs and
preferences. The residential 
26
environment shall be  designed to encourage family
and community

27
involvement.  The services available to residents, either 
28
directly or through
contracts or
agreements, are intended to 
29
help residents  remain as independent as possible.
Assisted 
30
living,
which promotes resident choice, autonomy, and decision 
31
making, should  be based
on a contract
model designed to result 
32
in a  negotiated agreement between the resident or
the 
 


 






HB5686
- 2 -
LRB093 16605 DRJ 42254 b




1
resident's
representative and the provider, clearly 
2
identifying the services to be
provided. This model
assumes 
3
that residents are able to direct services provided for them 
4
and will
designate a
representative to direct
these services if 
5
they themselves are unable to do so.    This model supports
the

6
principle  that there is
an acceptable balance  between  consumer  
7
protection and resident willingness
to accept risk and
that  
8
most consumers are competent to make their own judgments about 
9
the
services they are
obtaining.  Regulation  of assisted living 
10
establishments and shared housing
establishments must
be 
11
sufficiently flexible to allow residents to age in place within 
12
the
parameters of this Act.
The
administration of this Act and 
13
services provided must therefore ensure that the
residents have 
14
the rights and responsibilities to direct the scope of services

15
they
receive and to make individual choices based on their 
16
needs and preferences.
These
establishments shall be operated 
17
in a manner that provides the least
restrictive and
most 
18
homelike environment and that promotes independence, autonomy,

19
individuality,
privacy, dignity, and the right to negotiated 
20
risk in residential
surroundings.  It is not the intent of the 
21
State that establishments licensed
under this Act
be used as 
22
halfway houses for alcohol and substance abusers.


23
(Source: P.A. 91-656, eff. 1-1-01.)