Human Services Committee
Filed: 3/21/2007
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1 | AMENDMENT TO HOUSE BILL 1775
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2 | AMENDMENT NO. ______. Amend House Bill 1775 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Assisted Living and Shared Housing Act is | ||||||
5 | amended by changing Sections 35 and 125 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 |
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1 | compliance with lawful orders of
the Department
and lack of | ||||||
2 | revocation of a license issued under this Act or the | ||||||
3 | Nursing Home
Care Act
during the previous 5 years;
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4 | (2) that the establishment is under the supervision of | ||||||
5 | a full-time
director who is at least 21 years of age and | ||||||
6 | has (i) at least 2 years of experience in providing health | ||||||
7 | care services to adults with disabilities or the elderly | ||||||
8 | population either in an assisted living program, inpatient | ||||||
9 | hospital, long-term care setting, or adult day care or in a | ||||||
10 | health-related field approved by the Department and (ii) at | ||||||
11 | least 2 years of management experience
with ability, | ||||||
12 | training, and education
appropriate to meet the needs of | ||||||
13 | the residents and to manage the operations of
the | ||||||
14 | establishment and who participates in ongoing training for | ||||||
15 | these purposes ;
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16 | (3) that the establishment has staff sufficient in | ||||||
17 | number with
qualifications, adequate skills, education, | ||||||
18 | and experience to meet the 24 hour
scheduled and | ||||||
19 | unscheduled needs of residents and who participate in | ||||||
20 | ongoing
training to serve the resident population;
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21 | (4) that direct care staff meet the requirements of the | ||||||
22 | Health Care Worker
Background Check Act;
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23 | (5) that the applicant is in substantial compliance | ||||||
24 | with this Act and such
other requirements for a
license as | ||||||
25 | the Department by rule may establish under this Act;
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26 | (6) that the applicant pays all required fees;
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1 | (7) that the applicant has provided to the Department | ||||||
2 | an accurate
disclosure document in
accordance with the | ||||||
3 | Alzheimer's Special Care Disclosure Act and in
substantial | ||||||
4 | compliance with Section 150 of this Act.
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5 | In addition to any other requirements set forth in this | ||||||
6 | Act, as a condition of licensure under this Act, the director | ||||||
7 | of an establishment must participate in at least 20 hours of | ||||||
8 | training every 2 years to assist him or her in better meeting | ||||||
9 | the needs of the residents of the establishment and manage the | ||||||
10 | operation of the establishment.
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11 | Any license issued by the Director shall state the physical | ||||||
12 | location of the
establishment, the date the license was issued, | ||||||
13 | and the expiration date. All
licenses shall be valid for one | ||||||
14 | year, except as provided in Section 40. Each
license shall be | ||||||
15 | issued only for the premises and persons named in the
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16 | application, and shall not be transferable or assignable.
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17 | (Source: P.A. 93-141, eff. 7-10-03.)
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18 | (210 ILCS 9/125)
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19 | Sec. 125. Assisted Living and Shared Housing Standards and | ||||||
20 | Quality of Life Advisory Board.
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21 | (a) The Director
Governor shall appoint the Assisted Living | ||||||
22 | and Shared Housing
Standards and Quality of Life Advisory Board | ||||||
23 | which shall be
responsible for advising the Director in all | ||||||
24 | aspects of the administration of
the Act. The Board shall give | ||||||
25 | advice to the Department concerning activities of the assisted |
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1 | living ombudsman and all other matters deemed relevant by the | ||||||
2 | Director and to the Director concerning the delivery of | ||||||
3 | personal care services, the unique needs and concerns of | ||||||
4 | seniors residing in housing projects, and all other issues | ||||||
5 | affecting the quality of life of residents.
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6 | (b) The Board shall be comprised of the following persons:
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7 | (1) the Director who shall serve as chair, ex officio | ||||||
8 | and nonvoting;
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9 | (2) the Director of Aging who shall serve as | ||||||
10 | vice-chair, ex officio
and nonvoting;
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11 | (3) one representative each of the Departments of
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12 | Public Health, Healthcare and Family Services
Public Aid , | ||||||
13 | and Human Services, the
Office of
the State Fire Marshal, | ||||||
14 | and the Illinois Housing
Development Authority, and 2 | ||||||
15 | representatives of the Department on Aging, all nonvoting | ||||||
16 | members;
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17 | (4) the State Ombudsman or his or her designee;
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18 | (5) one representative of the Association of Area | ||||||
19 | Agencies on Aging;
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20 | (6) four members selected from the recommendations by | ||||||
21 | provider
organizations
whose membership consist of nursing | ||||||
22 | care or assisted living establishments;
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23 | (7) one member selected from the recommendations of | ||||||
24 | provider organizations
whose
membership consists of home | ||||||
25 | health agencies;
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26 | (8) two residents of assisted living or shared housing |
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1 | establishments;
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2 | (9) three members selected from the recommendations of | ||||||
3 | consumer
organizations
which engage solely in advocacy or | ||||||
4 | legal representation on behalf of the
senior
population;
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5 | (10) one member who shall be a physician;
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6 | (11) one member who shall be a registered professional | ||||||
7 | nurse selected from
the
recommendations
of professional | ||||||
8 | nursing associations;
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9 | (12) two citizen members with expertise in the area of | ||||||
10 | gerontology
research or legal research regarding | ||||||
11 | implementation of assisted living
statutes;
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12 | (13) two members representing providers of community | ||||||
13 | care services; and | ||||||
14 | (14) one member representing agencies providing case | ||||||
15 | coordination services.
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16 | (c) Members of the Board appointed under paragraphs (5) | ||||||
17 | through (14) of subsection (b) shall be appointed to serve for
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18 | terms of 3 years except as otherwise provided in this Section.
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19 | All members shall be appointed by January 1, 2001, except that | ||||||
20 | the 2 members representing the Department on Aging appointed | ||||||
21 | under paragraph (3) of subsection (b) and the members appointed | ||||||
22 | under paragraphs (13) and (14) of subsection (b) shall be | ||||||
23 | appointed by January 1, 2005.
One third of the Board members' | ||||||
24 | initial terms shall expire in one year;
one third in 2
years, | ||||||
25 | and one third in 3 years. Of the 3 members appointed under | ||||||
26 | paragraphs (13) and (14) of subsection (b), one shall serve for |
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1 | an initial term of one year, one shall serve for an initial | ||||||
2 | term of 2 years, and one shall serve for an initial term of 3 | ||||||
3 | years. A member's term does not expire until a
successor is
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4 | appointed by the Director
Governor . Any member appointed to | ||||||
5 | fill a vacancy occurring
prior to the
expiration of the term | ||||||
6 | for which his or her predecessor was appointed shall be
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7 | appointed
for the remainder of that term. The Board shall meet | ||||||
8 | at the call of the
Director. The
affirmative vote of 10
members | ||||||
9 | of the Board shall be necessary for Board
action. Members
of | ||||||
10 | this Board shall receive no compensation for their services, | ||||||
11 | however,
resident members
shall be reimbursed for their actual | ||||||
12 | expenses.
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13 | (d) The Board shall be provided copies of all | ||||||
14 | administrative rules and
changes to administrative rules for | ||||||
15 | review and comment prior to notice being
given to the public. | ||||||
16 | If the Board, having been asked for its
review,
fails to advise | ||||||
17 | the Department within 90 days, the rules shall be considered
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18 | acted upon.
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19 | (Source: P.A. 93-1003, eff. 8-23-04; revised 12-15-05.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
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