Sen. Edward D. Maloney
Filed: 4/29/2008
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1 | AMENDMENT TO HOUSE BILL 3508
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2 | AMENDMENT NO. ______. Amend House Bill 3508 on page 6, line | ||||||
3 | 1, after " facilities ", by inserting " , assisted living or | ||||||
4 | shared housing establishments, and supportive living | ||||||
5 | facilities "; and
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6 | on page 6, line 5, after " facility ", by inserting " , assisted | ||||||
7 | living or shared housing establishment, and supportive living | ||||||
8 | facility "; and | ||||||
9 | on page 6, lines 24 and 25, after " facility " each time it | ||||||
10 | appears, by inserting " or establishment "; and | ||||||
11 | on page 10, after line 12, by inserting the following: | ||||||
12 | "Section 8. The Assisted Living and Shared Housing Act is | ||||||
13 | amended by changing Section 110 and by adding Section 117 as | ||||||
14 | follows:
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1 | (210 ILCS 9/110)
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2 | Sec. 110. Powers and duties of the Department.
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3 | (a) The Department shall conduct an annual unannounced | ||||||
4 | on-site visit at
each
assisted living and shared
housing | ||||||
5 | establishment to determine compliance with applicable | ||||||
6 | licensure
requirements and
standards. Submission of an | ||||||
7 | establishment's current Consumer Choice Information Report | ||||||
8 | required by Section 117 shall be verified at time of | ||||||
9 | inspection. Additional visits may be conducted without prior | ||||||
10 | notice to the
assisted living
or shared housing
establishment.
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11 | (b) Upon receipt of information that may indicate the | ||||||
12 | failure of the
assisted living or shared housing
establishment | ||||||
13 | or a service provider to comply with a provision of this Act,
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14 | the Department shall
investigate the matter or make appropriate | ||||||
15 | referrals to other government
agencies and entities having
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16 | jurisdiction over the subject matter of the possible violation. | ||||||
17 | The Department
may also make
referrals to any public or private | ||||||
18 | agency that the Department considers
available for appropriate
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19 | assistance to those involved. The Department may oversee and | ||||||
20 | coordinate the
enforcement of State
consumer protection | ||||||
21 | policies affecting residents residing in an establishment
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22 | licensed under this Act.
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23 | (c) The Department shall establish by rule complaint | ||||||
24 | receipt,
investigation,
resolution, and involuntary
residency | ||||||
25 | termination procedures. Resolution procedures shall provide |
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1 | for
on-site review and
evaluation of an assisted living or | ||||||
2 | shared housing establishment found to be
in violation of this | ||||||
3 | Act
within a specified period of time based on the gravity and | ||||||
4 | severity of the
violation and any pervasive
pattern of | ||||||
5 | occurrences of the same or similar violations.
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6 | (d) The Governor shall establish an Assisted Living and | ||||||
7 | Shared Housing Standards and Quality of Life
Advisory Board.
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8 | (e) The Department shall by rule establish penalties and | ||||||
9 | sanctions, which
shall include, but need not be limited to,
the | ||||||
10 | creation of a schedule of graduated penalties and sanctions to | ||||||
11 | include
closure.
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12 | (f) The Department shall by rule establish procedures for | ||||||
13 | disclosure of
information to the public, which
shall include, | ||||||
14 | but not be limited to, ownership, licensure status, frequency | ||||||
15 | of
complaints, disposition of
substantiated complaints, and | ||||||
16 | disciplinary actions.
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17 | (g) (Blank).
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18 | (h) Beginning January 1, 2000, the Department shall begin | ||||||
19 | drafting rules
necessary for the administration
of this Act.
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20 | (Source: P.A. 93-1003, eff. 8-23-04.)
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21 | (210 ILCS 9/117 new) | ||||||
22 | Sec. 117. Consumer Choice Information Reports. | ||||||
23 | (a) Every establishment shall complete a Consumer Choice | ||||||
24 | Information Report and shall file it with the Office of State | ||||||
25 | Long Term Care Ombudsman electronically as prescribed by the |
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1 | Office. The Report shall be filed annually and upon request of | ||||||
2 | the Office of State Long Term Care Ombudsman. The first | ||||||
3 | Consumer Choice Information Report is due to the Office of | ||||||
4 | State Long Term Care Ombudsman on July 1, 2009. The Consumer | ||||||
5 | Choice Information Report must be completed by the | ||||||
6 | establishment in full. | ||||||
7 | (b) A violation of any of the provisions of this Section | ||||||
8 | constitutes an unlawful practice under the Consumer Fraud and | ||||||
9 | Deceptive Business Practices Act. All remedies, penalties, and | ||||||
10 | authority granted to the Attorney General by the Consumer Fraud | ||||||
11 | and Deceptive Business Practices Act shall be available to him
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12 | or her for the enforcement of this Section. | ||||||
13 | (c) The Department of Public Health shall include | ||||||
14 | verification of the submission of an establishment's current | ||||||
15 | Consumer Choice Information Report when conducting an annual | ||||||
16 | on-site visit under Section 110. "; and | ||||||
17 | on page 10, line 22, after the period, by inserting " The first | ||||||
18 | Consumer Choice Information Report is due to the Office of | ||||||
19 | State Long Term Care Ombudsman on July 1, 2009. "; and | ||||||
20 | on page 11, line 25, by replacing "and" with " and "; and | ||||||
21 | on page 12, line 2, by replacing "." with " ; and . "; and | ||||||
22 | on page 16, after line 20, by inserting the following: |
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1 | "Section 12. The Illinois Public Aid Code is amended by | ||||||
2 | changing Section 5-5.01a as follows:
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3 | (305 ILCS 5/5-5.01a)
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4 | Sec. 5-5.01a. Supportive living facilities program ; | ||||||
5 | Consumer Choice Information Reports . | ||||||
6 | (a) The
Department shall establish and provide oversight | ||||||
7 | for a program of supportive living facilities that seek to | ||||||
8 | promote
resident independence, dignity, respect, and | ||||||
9 | well-being in the most
cost-effective manner.
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10 | A supportive living facility is either a free-standing | ||||||
11 | facility or a distinct
physical and operational entity within a | ||||||
12 | nursing facility. A supportive
living facility integrates | ||||||
13 | housing with health, personal care, and supportive
services and | ||||||
14 | is a designated setting that offers residents their own
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15 | separate, private, and distinct living units.
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16 | Sites for the operation of the program
shall be selected by | ||||||
17 | the Department based upon criteria
that may include the need | ||||||
18 | for services in a geographic area, the
availability of funding, | ||||||
19 | and the site's ability to meet the standards.
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20 | The Department may adopt rules to implement this Section. | ||||||
21 | Rules that
establish or modify the services, standards, and | ||||||
22 | conditions for participation
in the program shall be adopted by | ||||||
23 | the Department in consultation
with the Department on Aging, | ||||||
24 | the Department of Rehabilitation Services, and
the Department |
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1 | of Mental Health and Developmental Disabilities (or their
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2 | successor agencies).
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3 | Facilities or distinct parts of facilities which are | ||||||
4 | selected as supportive
living facilities and are in good | ||||||
5 | standing with the Department's rules are
exempt from the | ||||||
6 | provisions of the Nursing Home Care Act and the Illinois Health
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7 | Facilities Planning Act.
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8 | (b) Consumer Choice Information Reports. | ||||||
9 | (1) Every supportive living facility shall complete a | ||||||
10 | Consumer Choice Information Report and shall file it with | ||||||
11 | the Office of State Long Term Care Ombudsman electronically | ||||||
12 | as prescribed by the Office. The Report shall be filed | ||||||
13 | annually and upon request of the Office of State Long Term | ||||||
14 | Care Ombudsman. The first Consumer Choice Information | ||||||
15 | Report is due to the Office of State Long Term Care | ||||||
16 | Ombudsman on July 1, 2009. The Consumer Choice Information | ||||||
17 | Report must be completed by the facility in full. | ||||||
18 | (2) A violation of any of the provisions of this | ||||||
19 | subsection constitutes an unlawful practice under the | ||||||
20 | Consumer Fraud and Deceptive Business Practices Act. All | ||||||
21 | remedies, penalties, and authority granted to the Attorney | ||||||
22 | General by the Consumer Fraud and Deceptive Business | ||||||
23 | Practices Act shall be available to him or her for the | ||||||
24 | enforcement of this subsection. | ||||||
25 | (3) The Department of Healthcare and Family Services | ||||||
26 | shall include verification of the submission of a |
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1 | facility's current Consumer Choice Information Report when | ||||||
2 | conducting an inspection. | ||||||
3 | (Source: P.A. 94-342, eff. 7-26-05.)"; and
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4 | on page 16, line 24, after " facility ", by inserting " , assisted | ||||||
5 | living or shared housing establishment, supportive living | ||||||
6 | facility "; and | ||||||
7 | on page 17, line 2, after " Act ", by inserting " , an assisted | ||||||
8 | living or shared housing establishment that fails to comply | ||||||
9 | with Section 117 of the Assisted Living and Shared Housing Act, | ||||||
10 | or a supportive living facility that fails to comply with | ||||||
11 | subsection (b) of Section 5-5.01a of the Illinois Public Aid | ||||||
12 | Code ".
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