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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 30, 45, and 110 as follows:
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6 | (210 ILCS 9/30)
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7 | Sec. 30. Licensing.
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8 | (a) The Department, in consultation with the Advisory | ||||||
9 | Board, shall
establish
by rule forms,
procedures, and fees for | ||||||
10 | the annual licensing of assisted living and shared
housing
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11 | establishments; shall establish and enforce sanctions and | ||||||
12 | penalties for
operating in violation
of this Act, as provided | ||||||
13 | in Section 135 of this Act and rules
adopted under
Section 110 | ||||||
14 | of this Act. The Department shall conduct an annual on-site
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15 | review
for
each
establishment covered by this Act, except for | ||||||
16 | those establishments granted a 2-year license as provided in | ||||||
17 | Section 45. For those establishments granted a 2-year license, | ||||||
18 | the Department shall conduct an on-site review every 2 years. | ||||||
19 | The on-site review
which shall include, but not be limited to,
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20 | compliance with
this Act and rules adopted hereunder, focus on | ||||||
21 | solving resident issues
and concerns,
and the quality | ||||||
22 | improvement process implemented by the establishment to | ||||||
23 | address
resident
issues. The quality improvement process |
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1 | implemented by the establishment must
benchmark performance, | ||||||
2 | be customer centered, be data driven, and focus on
resident
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3 | satisfaction.
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4 | (b) An establishment shall provide the following | ||||||
5 | information to the
Department
to be considered for licensure:
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6 | (1) the business name, street address, mailing | ||||||
7 | address, and telephone
number of the
establishment;
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8 | (2) the name and mailing address of the owner or owners | ||||||
9 | of the
establishment and if the
owner or owners are not | ||||||
10 | natural persons, identification of the type of
business | ||||||
11 | entity
of the owners, and the names and addresses of the | ||||||
12 | officers and members of the
governing body, or comparable | ||||||
13 | persons for partnerships, limited liability
companies, or | ||||||
14 | other types of business organizations;
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15 | (3) financial information, content and form to be | ||||||
16 | determined by rules
which may provide different standards | ||||||
17 | for assisted living establishments and
shared housing | ||||||
18 | establishments,
establishing that the project is | ||||||
19 | financially feasible;
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20 | (4) the name and mailing address of the managing agent | ||||||
21 | of the
establishment, whether
hired under a management | ||||||
22 | agreement or lease agreement, if different from the
owner | ||||||
23 | or owners, and the name of the full-time director;
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24 | (5) verification that the establishment has entered or | ||||||
25 | will enter into a
service delivery
contract as provided in | ||||||
26 | Section 90, as required under this Act, with each
resident |
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1 | or
resident's representative;
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2 | (6) the name and address of at least one natural person | ||||||
3 | who shall be
responsible for
dealing with the Department on | ||||||
4 | all matters provided for in this Act, on whom
personal | ||||||
5 | service of all notices and orders shall be made, and who | ||||||
6 | shall be
authorized
to accept service on behalf of the | ||||||
7 | owner or owners and the managing agent.
Notwithstanding a | ||||||
8 | contrary provision of the Code of Civil Procedure, personal
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9 | service on the person identified pursuant to this | ||||||
10 | subsection shall be
considered
service on the owner or | ||||||
11 | owners and the managing agent, and it shall not be a
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12 | defense to any action that personal service was not made on | ||||||
13 | each individual or
entity;
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14 | (7) the signature of the authorized representative of | ||||||
15 | the owner or
owners;
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16 | (8) proof of an ongoing quality improvement program in | ||||||
17 | accordance with
rules adopted
by the Department in | ||||||
18 | collaboration with the Advisory Board;
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19 | (9) information about the number and types of units, | ||||||
20 | the maximum census,
and the
services to be provided at the | ||||||
21 | establishment, proof of compliance with
applicable
State | ||||||
22 | and local residential standards, and a copy of the standard | ||||||
23 | contract
offered to
residents;
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24 | (10) documentation of adequate liability insurance; | ||||||
25 | and
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26 | (11) other information necessary to determine the |
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1 | identity and
qualifications of an
applicant or licensee to | ||||||
2 | operate an
establishment in
accordance with this Act as | ||||||
3 | required by the Department by rule.
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4 | (c) The information in the statement of ownership shall be | ||||||
5 | public
information and shall be
available from the Department.
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6 | (d) Notwithstanding any other rulemaking authority that | ||||||
7 | may exist, neither the Governor nor any agency or agency head | ||||||
8 | under the jurisdiction of the Governor has any authority to | ||||||
9 | make or promulgate rules to implement or enforce the provisions | ||||||
10 | of this amendatory Act of the 95th General Assembly. If, | ||||||
11 | however, the Governor believes that rules are necessary to | ||||||
12 | implement or enforce the provisions of this amendatory Act of | ||||||
13 | the 95th General Assembly, the Governor may suggest rules to | ||||||
14 | the General Assembly by filing them with the Clerk of the House | ||||||
15 | and Secretary of the Senate and by requesting that the General | ||||||
16 | Assembly authorize such rulemaking by law, enact those | ||||||
17 | suggested rules into law, or take any other appropriate action | ||||||
18 | in the General Assembly's discretion. Nothing contained in this | ||||||
19 | amendatory Act of the 95th General Assembly shall be | ||||||
20 | interpreted to grant rulemaking authority under any other | ||||||
21 | Illinois statute where such authority is not otherwise | ||||||
22 | explicitly given. For the purposes of this amendatory Act of | ||||||
23 | the 95th General Assembly, "rules" is given the meaning | ||||||
24 | contained in Section 1-70 of the Illinois Administrative | ||||||
25 | Procedure Act, and "agency" and "agency head" are given the | ||||||
26 | meanings contained in Sections 1-20 and 1-25 of the Illinois |
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1 | Administrative Procedure Act to the extent that such | ||||||
2 | definitions apply to agencies or agency heads under the | ||||||
3 | jurisdiction of the Governor. | ||||||
4 | (Source: P.A. 91-656, eff. 1-1-01.)
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5 | (210 ILCS 9/45)
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6 | Sec. 45. Renewal of licenses. At least 120 days, but not | ||||||
7 | more than 150
days prior to license
expiration, the licensee | ||||||
8 | shall submit an application for renewal of the license
in such | ||||||
9 | form
and containing such information as the Department | ||||||
10 | requires. If the application
is approved, and if the licensee | ||||||
11 | (i) has not committed a Type 1 violation in the preceding 24 | ||||||
12 | months, (ii) has not committed a Type 2 violation in the | ||||||
13 | preceding 24 months, (iii) has not had an inspection, review, | ||||||
14 | or evaluation that resulted in a finding of 10 or more Type 3 | ||||||
15 | violations in the preceding 24 months, and (iv) the licensee | ||||||
16 | has not admitted or retained a resident in violation of Section | ||||||
17 | 75 of this Act in the preceding 24 months, the Department may | ||||||
18 | renew the license for an additional period of 2 years. If a | ||||||
19 | licensee whose license has been renewed for 2 years under this | ||||||
20 | Section subsequently fails to meet any of the conditions set | ||||||
21 | forth in items (i), (ii), and (iii), and (iv), then, in | ||||||
22 | addition to any other sanctions that the Department may impose | ||||||
23 | under this Act, the Department shall revoke the 2-year license | ||||||
24 | and replace it with a one-year license until the licensee again | ||||||
25 | meets all of the conditions set forth in items (i), (ii), and |
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1 | (iii) , and (iv) . If appropriate,
the renewal
application shall | ||||||
2 | not be approved unless the applicant has provided to the
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3 | Department an
accurate disclosure document in accordance with | ||||||
4 | the Alzheimer's Special Care
Disclosure
Act. If the application | ||||||
5 | for renewal is not timely filed, the Department shall
so inform | ||||||
6 | the
licensee.
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7 | Notwithstanding any other rulemaking authority that may | ||||||
8 | exist, neither the Governor nor any agency or agency head under | ||||||
9 | the jurisdiction of the Governor has any authority to make or | ||||||
10 | promulgate rules to implement or enforce the provisions of this | ||||||
11 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
12 | Governor believes that rules are necessary to implement or | ||||||
13 | enforce the provisions of this amendatory Act of the 95th | ||||||
14 | General Assembly, the Governor may suggest rules to the General | ||||||
15 | Assembly by filing them with the Clerk of the House and | ||||||
16 | Secretary of the Senate and by requesting that the General | ||||||
17 | Assembly authorize such rulemaking by law, enact those | ||||||
18 | suggested rules into law, or take any other appropriate action | ||||||
19 | in the General Assembly's discretion. Nothing contained in this | ||||||
20 | amendatory Act of the 95th General Assembly shall be | ||||||
21 | interpreted to grant rulemaking authority under any other | ||||||
22 | Illinois statute where such authority is not otherwise | ||||||
23 | explicitly given. For the purposes of this amendatory Act of | ||||||
24 | the 95th General Assembly, "rules" is given the meaning | ||||||
25 | contained in Section 1-70 of the Illinois Administrative | ||||||
26 | Procedure Act, and "agency" and "agency head" are given the |
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1 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
2 | Administrative Procedure Act to the extent that such | ||||||
3 | definitions apply to agencies or agency heads under the | ||||||
4 | jurisdiction of the Governor. | ||||||
5 | (Source: P.A. 95-590, eff. 9-10-07; revised 11-15-07.)
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6 | (210 ILCS 9/110)
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7 | Sec. 110. Powers and duties of the Department.
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8 | (a) The Department shall conduct an annual unannounced | ||||||
9 | on-site visit at
each
assisted living and shared
housing | ||||||
10 | establishment to determine compliance with applicable | ||||||
11 | licensure
requirements and
standards , except for those | ||||||
12 | establishments granted a 2-year license as provided in Section | ||||||
13 | 45. For those establishments granted a 2-year license, the | ||||||
14 | Department shall conduct an unannounced on-site visit every 2 | ||||||
15 | years . Additional visits may be conducted without prior notice | ||||||
16 | to the
assisted living
or shared housing
establishment.
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17 | (b) Upon receipt of information that may indicate the | ||||||
18 | failure of the
assisted living or shared housing
establishment | ||||||
19 | or a service provider to comply with a provision of this Act,
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20 | the Department shall
investigate the matter or make appropriate | ||||||
21 | referrals to other government
agencies and entities having
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22 | jurisdiction over the subject matter of the possible violation. | ||||||
23 | The Department
may also make
referrals to any public or private | ||||||
24 | agency that the Department considers
available for appropriate
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25 | assistance to those involved. The Department may oversee and |
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1 | coordinate the
enforcement of State
consumer protection | ||||||
2 | policies affecting residents residing in an establishment
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3 | licensed under this Act.
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4 | (c) The Department shall establish by rule complaint | ||||||
5 | receipt,
investigation,
resolution, and involuntary
residency | ||||||
6 | termination procedures. Resolution procedures shall provide | ||||||
7 | for
on-site review and
evaluation of an assisted living or | ||||||
8 | shared housing establishment found to be
in violation of this | ||||||
9 | Act
within a specified period of time based on the gravity and | ||||||
10 | severity of the
violation and any pervasive
pattern of | ||||||
11 | occurrences of the same or similar violations.
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12 | (d) The Governor shall establish an Assisted Living and | ||||||
13 | Shared Housing Standards and Quality of Life
Advisory Board.
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14 | (e) The Department shall by rule establish penalties and | ||||||
15 | sanctions, which
shall include, but need not be limited to,
the | ||||||
16 | creation of a schedule of graduated penalties and sanctions to | ||||||
17 | include
closure.
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18 | (f) The Department shall by rule establish procedures for | ||||||
19 | disclosure of
information to the public, which
shall include, | ||||||
20 | but not be limited to, ownership, licensure status, frequency | ||||||
21 | of
complaints, disposition of
substantiated complaints, and | ||||||
22 | disciplinary actions.
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23 | (g) (Blank).
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24 | (h) Beginning January 1, 2000, the Department shall begin | ||||||
25 | drafting rules
necessary for the administration
of this Act.
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26 | (i) Notwithstanding any other rulemaking authority that |
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1 | may exist, neither the Governor nor any agency or agency head | ||||||
2 | under the jurisdiction of the Governor has any authority to | ||||||
3 | make or promulgate rules to implement or enforce the provisions | ||||||
4 | of this amendatory Act of the 95th General Assembly. If, | ||||||
5 | however, the Governor believes that rules are necessary to | ||||||
6 | implement or enforce the provisions of this amendatory Act of | ||||||
7 | the 95th General Assembly, the Governor may suggest rules to | ||||||
8 | the General Assembly by filing them with the Clerk of the House | ||||||
9 | and Secretary of the Senate and by requesting that the General | ||||||
10 | Assembly authorize such rulemaking by law, enact those | ||||||
11 | suggested rules into law, or take any other appropriate action | ||||||
12 | in the General Assembly's discretion. Nothing contained in this | ||||||
13 | amendatory Act of the 95th General Assembly shall be | ||||||
14 | interpreted to grant rulemaking authority under any other | ||||||
15 | Illinois statute where such authority is not otherwise | ||||||
16 | explicitly given. For the purposes of this amendatory Act of | ||||||
17 | the 95th General Assembly, "rules" is given the meaning | ||||||
18 | contained in Section 1-70 of the Illinois Administrative | ||||||
19 | Procedure Act, and "agency" and "agency head" are given the | ||||||
20 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
21 | Administrative Procedure Act to the extent that such | ||||||
22 | definitions apply to agencies or agency heads under the | ||||||
23 | jurisdiction of the Governor. | ||||||
24 | (Source: P.A. 93-1003, eff. 8-23-04.)
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
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