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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Assisted Living and Shared Housing Act is | ||||||
5 | amended by changing Sections 35 and 45 as follows:
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6 | (210 ILCS 9/35)
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7 | Sec. 35. Issuance of license.
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8 | (a) Upon receipt and review of an application for a license | ||||||
9 | and review of
the applicant establishment, the Director may | ||||||
10 | issue a license if he or she
finds:
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11 | (1) that the individual applicant, or the corporation, | ||||||
12 | partnership, or
other entity if the applicant is not an | ||||||
13 | individual, is a person responsible and
suitable to operate | ||||||
14 | or to direct or participate in the operation of an
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15 | establishment by virtue of financial capacity, appropriate | ||||||
16 | business or
professional experience, a record of lawful | ||||||
17 | compliance with lawful orders of
the Department
and lack of | ||||||
18 | revocation of a license issued under this Act or the | ||||||
19 | Nursing Home
Care Act
during the previous 5 years;
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20 | (2) that the establishment is under the supervision of | ||||||
21 | a full-time
director who is at least 21 years of age with | ||||||
22 | ability, training, and education
appropriate to meet the | ||||||
23 | needs of the residents and to manage the operations of
the |
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1 | establishment and who participates in ongoing training for | ||||||
2 | these purposes;
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3 | (3) that the establishment has staff sufficient in | ||||||
4 | number with
qualifications, adequate skills, education, | ||||||
5 | and experience to meet the 24 hour
scheduled and | ||||||
6 | unscheduled needs of residents and who participate in | ||||||
7 | ongoing
training to serve the resident population;
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8 | (4) that direct care staff meet the requirements of the | ||||||
9 | Health Care Worker
Background Check Act;
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10 | (5) that the applicant is in substantial compliance | ||||||
11 | with this Act and such
other requirements for a
license as | ||||||
12 | the Department by rule may establish under this Act;
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13 | (6) that the applicant pays all required fees;
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14 | (7) that the applicant has provided to the Department | ||||||
15 | an accurate
disclosure document in
accordance with the | ||||||
16 | Alzheimer's Special Care Disclosure Act and in
substantial | ||||||
17 | compliance with Section 150 of this Act.
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18 | Any license issued by the Director shall state the physical | ||||||
19 | location of the
establishment, the date the license was issued, | ||||||
20 | and the expiration date. All
licenses shall be valid for one | ||||||
21 | year, except as provided in Sections
Section 40 and 45 . Each
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22 | license shall be issued only for the premises and persons named | ||||||
23 | in the
application, and shall not be transferable or | ||||||
24 | assignable.
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25 | (Source: P.A. 93-141, eff. 7-10-03.)
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1 | (210 ILCS 9/45)
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2 | Sec. 45. Renewal of licenses. At least 120 days, but not | ||||||
3 | more than 150
days prior to license
expiration, the licensee | ||||||
4 | shall submit an application for renewal of the license
in such | ||||||
5 | form
and containing such information as the Department | ||||||
6 | requires. If the application
is approved, and if the licensee | ||||||
7 | (i) has not committed a Type 1 violation in the preceding 24 | ||||||
8 | months, (ii) has not committed a Type 2 violation in the | ||||||
9 | preceding 24 months, (iii) has not had an inspection, review, | ||||||
10 | or evaluation that resulted in a finding of 10 or more Type 3 | ||||||
11 | violations in the preceding 24 months, and (iv) the licensee | ||||||
12 | has not admitted or retained a resident in violation of Section | ||||||
13 | 75 of this Act in the preceding 24 months, the Department may | ||||||
14 | renew the license for an additional period of 2 years. If a | ||||||
15 | licensee whose license has been renewed for 2 years under this | ||||||
16 | Section subsequently fails to meet any of the conditions set | ||||||
17 | forth in items (i), (ii), and (iii), then, in addition to any | ||||||
18 | other sanctions that the Department may impose under this Act, | ||||||
19 | the Department shall revoke the 2-year license and replace it | ||||||
20 | with a one-year license until the licensee again meets all of | ||||||
21 | the conditions set forth in items (i), (ii), and (iii)
the | ||||||
22 | license shall be renewed for an additional one-year period . If | ||||||
23 | appropriate,
the renewal
application shall not be approved | ||||||
24 | unless the applicant has provided to the
Department an
accurate | ||||||
25 | disclosure document in accordance with the Alzheimer's Special | ||||||
26 | Care
Disclosure
Act. If the application for renewal is not |
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1 | timely filed, the Department shall
so inform the
licensee.
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2 | (Source: P.A. 91-656, eff. 1-1-01.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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