102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3417

 

Introduced 2/22/2021, by Rep. Terra Costa Howard

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 9/20
210 ILCS 9/23 new
210 ILCS 9/135
210 ILCS 9/150
210 ILCS 46/3-202.5

    Amends the Assisted Living and Shared Housing Act. Provides that before commencing construction of new facilities or specified types of alteration or additions to an existing assisted living establishment or shared housing establishment involving major construction with an estimated cost greater than $50,000, architectural drawings and specifications therefor shall be submitted to the Department of Public Health for review and approval. Contains provisions regarding review, notice, approval, and on-site inspections under the provisions. Requires the Department to charge specified fees in connection with its reviews. Provides that all fees received by the Department under the provisions shall be deposited into the Health Facility Plan Review Fund. Contains other provisions. Provides that the Department may assess a civil penalty not to exceed $10,000 (rather than $5,000) against any establishment subject to the Act for violations of the Act. Makes other changes. Amends the MC/DD Act. Provides that moneys shall be appropriated from the Health Facility Plan Review Fund to the Department of Public Health to pay the costs of conducting reviews under the Assisted Living and Shared Housing Act. Effective July 1, 2021.


LRB102 14426 CPF 19778 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3417LRB102 14426 CPF 19778 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Assisted Living and Shared Housing Act is
5amended by changing Sections 20, 135 and 150 and by adding
6Section 23 as follows:
 
7    (210 ILCS 9/20)
8    Sec. 20. Construction and operating standards. The
9Department shall prescribe minimum standards for
10establishments. These standards shall include:
11        (1) the location and construction of the
12    establishment, including plumbing, heating, lighting,
13    ventilation, and other physical conditions which shall
14    ensure the health, safety, and comfort of residents and
15    their protection from fire hazards; these standards shall
16    include, at a minimum, compliance with the residential
17    board and care occupancies or health care occupancies
18    chapters chapter of the National Fire Protection
19    Association's Life Safety Code, local and State building
20    codes for the building type, and accessibility standards
21    of the Americans with Disabilities Act; compliance with a
22    more recent edition of the National Fire Protection
23    Association's Life Safety Code shall be deemed compliant

 

 

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1    with the edition designated in the standards;
2        (2) the number and qualifications of all personnel
3    having responsibility for any part of the services
4    provided for residents;
5        (3) all sanitary conditions within the establishment
6    and its surroundings, including water supply, sewage
7    disposal, food handling, infection control, and general
8    hygiene, which shall ensure the health and comfort of
9    residents;
10        (4) a program for adequate maintenance of physical
11    plant and equipment;
12        (5) adequate accommodations, staff, and services for
13    the number and types of residents for whom the
14    establishment is licensed;
15        (6) the development of evacuation and other
16    appropriate safety plans for use during weather, health,
17    fire, physical plant, environmental, and national defense
18    emergencies; and
19        (7) the maintenance of minimum financial and other
20    resources necessary to meet the standards established
21    under this Section and to operate the establishment in
22    accordance with this Act.
23(Source: P.A. 96-975, eff. 7-2-10.)
 
24    (210 ILCS 9/23 new)
25    Sec. 23. Facility new constructions, alterations, or

 

 

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1additions; plan review; fees.
2    (a) Before commencing construction of new facilities or
3specified types of alteration or additions to an existing
4assisted living establishment or shared housing establishment
5involving major construction, as defined by rule by the
6Department, with an estimated cost greater than $50,000,
7architectural drawings and specifications therefor shall be
8submitted to the Department for review and approval. A
9facility may submit architectural drawings and specifications
10for other construction projects for Department review
11according to subsection (b) that shall not be subject to fees
12under subsection (d). Review of drawings and specifications
13shall be conducted by an employee of the Department meeting
14the qualifications established by the Department of Central
15Management Services class specifications for such an
16individual's position or by a person contracting with the
17Department who meets those class specifications. Final
18approval of the drawings and specifications for compliance
19with design and construction standards shall be obtained from
20the Department before the alteration, addition, or new
21construction is begun.
22    (b) The Department shall inform an applicant in writing
23within 10 working days after receiving architectural drawings
24and specifications and the required fee, if any, from the
25applicant whether the applicant's submission is complete or
26incomplete. Failure to provide the applicant with this notice

 

 

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1within 10 working days shall result in the submission being
2deemed complete for purposes of initiating the 60 calendar day
3review period under this subsection. If the submission is
4incomplete, the Department shall inform the applicant of the
5deficiencies of the submission in writing. If the submission
6is complete and the required fee, if any, has been paid, the
7Department shall approve or disapprove drawings and
8specifications submitted to the Department no later than 60
9calendar days following receipt by the Department. The
10drawings and specifications shall be of sufficient detail, as
11provided by Department rule, to enable the Department to
12render a determination of compliance with design and
13construction standards under this Section. If the Department
14finds that the drawings are not of sufficient detail for it to
15render a determination of compliance, the plans shall be
16determined to be incomplete and shall not be considered for
17purposes of initiating the 60 calendar day review period. If a
18submission of drawings and specifications is incomplete, the
19applicant may submit additional information. The 60 calendar
20day review period shall not commence until the Department
21determines that a submission of drawings and specifications is
22complete or the submission is deemed complete. If the
23Department has not approved or disapproved the drawings and
24specifications within 60 calendar days, the new construction,
25alteration, or addition shall be deemed approved. If the
26drawings and specifications are disapproved, the Department

 

 

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1shall state in writing, with specificity, the reasons for the
2disapproval. The entity submitting the drawings and
3specifications may submit additional information in response
4to the written comments from the Department or request a
5reconsideration of the disapproval. A final decision of
6approval or disapproval shall be made within 45 calendar days
7of the receipt of the additional information or
8reconsideration request. If denied, the Department shall state
9the specific reasons for the denial.
10    (c) The Department shall provide written approval for
11occupancy pursuant to subsection (g).
12    (d) The Department shall charge the following fees in
13connection with its reviews conducted after July 1, 2021 under
14this Section:
15        (1) If the estimated dollar value of the new
16    construction, alteration, or addition is $50,000 or more
17    but less than $500,000, the fee shall be the greater of
18    $3,000 or 1.5% of that estimated dollar value.
19        (2) If the estimated dollar value of the new
20    construction, alteration, or addition is $500,000 or more
21    but less than $1,000,000, the fee shall be the greater of
22    $7,500 or 1.2% of that estimated dollar value.
23        (3) If the estimated dollar value of the new
24    construction, alteration, or addition is $1,000,000 or
25    more but less than $5,000,000, the fee shall be the
26    greater of $12,000 or 0.30% of that estimated dollar

 

 

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1    value.
2        (4) If the estimated dollar value of the new
3    construction, alteration, or addition is $5,000,000 or
4    more, the fee shall be the greater of $15,000 or 0.15% of
5    that estimated dollar value, but shall not exceed $50,000.
6    The fees provided in this subsection shall not apply to
7major construction projects involving facility changes that
8are required by the Department by rule.
9    The Department shall not commence the facility plan review
10process under this Section until the applicable fee has been
11paid.
12    (e) All fees received by the Department under this Section
13shall be deposited into the Health Facility Plan Review Fund.
14Moneys shall be appropriated from that Fund to the Department
15to pay the costs of conducting reviews under this Section. All
16fees paid by establishments under subsection (d) shall be used
17only to cover the costs relating to the Department's review of
18establishment new constructions, alterations, or additions
19under this Section. None of the moneys in the Health Facility
20Plan Review Fund shall be used to reduce the amount of General
21Revenue Fund moneys appropriated to the Department for
22establishment plan reviews conducted pursuant to this Section.
23    (f) The Department shall review the fee structure 3 years
24after the effective date of this amendatory Act of the 102nd
25General Assembly and shall increase or decrease fees to
26maintain the plan review program. The fee structure shall be

 

 

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1re-evaluated every 5 years thereafter.
2    (g) The Department shall conduct an on-site inspection of
3a completed project no later than 30 working days after
4notification from the applicant that the project has been
5completed and all certifications required by the Department
6have been received and accepted by the Department. The
7Department shall provide written approval for occupancy to the
8applicant within 5 working days of the Department's final
9inspection, provided the applicant has demonstrated
10substantial compliance as defined by Department rule.
11Occupancy of a new major construction is prohibited until
12Department approval is received, unless the Department has not
13acted within the time frames provided in this subsection (g),
14in which case the construction shall be deemed approved.
15Occupancy shall be authorized after any required health
16inspection by the Department has been conducted.
17    (h) The Department shall establish, by rule, a procedure
18to conduct voluntary interim on-site review of large or
19complex construction projects for a fee of $3,000 per interim
20on-site review.
21    (i) The Department shall establish, by rule, an expedited
22process for emergency repairs or replacement of like
23equipment.
24    (j) Nothing in this Section shall be construed to apply to
25maintenance, upkeep, or renovation that does not affect the
26structural integrity of a building, does not add units or

 

 

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1services over the number for which an establishment is
2licensed, and provides a reasonable degree of safety for the
3residents.
 
4    (210 ILCS 9/135)
5    Sec. 135. Civil penalties.
6    (a) The Department may assess a civil penalty not to
7exceed $10,000 $5,000 against any establishment subject to
8this Act for violations of this Act. Each day a violation
9continues shall be deemed a separate violation.
10    (b) Beginning 180 days after the adoption of rules under
11this Act, the Department may assess a civil penalty not to
12exceed $3,000 against any establishment subject to this Act
13for caring for a resident who exceeds the care needs defined in
14this Act. Each day a violation continues shall be deemed a
15separate violation.
16    (c) The Department is authorized to hold hearings in
17contested cases regarding appeals of the penalties assessed
18pursuant to this Section. Establishments are entitled to
19notices of denial, requests for hearings, and hearings under
20this Section as outlined in Section 60.
21(Source: P.A. 91-656, eff. 1-1-01.)
 
22    (210 ILCS 9/150)
23    Sec. 150. Alzheimer and dementia programs.
24    (a) In addition to this Section, Alzheimer and dementia

 

 

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1programs shall comply with all of the other provisions of this
2Act.
3    (b) No person shall be admitted or retained if the
4assisted living or shared housing establishment cannot provide
5or secure appropriate care, if the resident requires a level
6of service or type of service for which the establishment is
7not licensed or which the establishment does not provide, or
8if the establishment does not have the staff appropriate in
9numbers and with appropriate skill to provide such services.
10    (c) No person shall be accepted for residency or remain in
11residence if the person's mental or physical condition has so
12deteriorated to render residency in such a program to be
13detrimental to the health, welfare or safety of the person or
14of other residents of the establishment. The Department by
15rule shall identify a validated dementia-specific standard
16with inter-rater reliability that will be used to assess
17individual residents. The assessment must be reviewed approved
18by the resident's physician and shall occur within 30 days of
19prior to acceptance for residency, annually, and at such time
20that a change in the resident's condition is identified by a
21family member, staff of the establishment, or the resident's
22physician.
23    (d) No person shall be accepted for residency or remain in
24residence if the person is dangerous to self or others and the
25establishment would be unable to eliminate the danger through
26the use of appropriate treatment modalities.

 

 

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1    (e) No person shall be accepted for residency or remain in
2residence if the person meets the criteria provided in
3subsections (b) through (g) of Section 75 of this Act.
4    (f) An establishment that offers to provide a special
5program or unit for persons with Alzheimer's disease and
6related disorders shall:
7        (1) disclose to the Department and to a potential or
8    actual resident of the establishment information as
9    specified under the Alzheimer's Disease and Related
10    Dementias Special Care Disclosure Act;
11        (2) ensure that a resident's representative is
12    designated for the resident;
13        (3) develop and implement policies and procedures that
14    ensure the continued safety of all residents in the
15    establishment including, but not limited to, those who:
16            (A) may wander; and
17            (B) may need supervision and assistance when
18        evacuating the building in an emergency;
19        (4) provide coordination of communications with each
20    resident, resident's representative, relatives and other
21    persons identified in the resident's service plan;
22        (5) provide cognitive stimulation and activities to
23    maximize functioning;
24        (6) provide an appropriate number of staff for its
25    resident population, as established by rule;
26        (7) require the director or administrator and direct

 

 

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1    care staff to complete sufficient comprehensive and
2    ongoing dementia and cognitive deficit training, the
3    content of which shall be established by rule; and
4        (8) develop emergency procedures and staffing patterns
5    to respond to the needs of residents.
6(Source: P.A. 96-990, eff. 7-2-10.)
 
7    Section 10. The MC/DD Act is amended by changing Section
83-202.5 as follows:
 
9    (210 ILCS 46/3-202.5)
10    Sec. 3-202.5. Facility plan review; fees.
11    (a) Before commencing construction of a new facility or
12specified types of alteration or additions to an existing
13facility involving major construction, as defined by rule by
14the Department, with an estimated cost greater than $100,000,
15architectural drawings and specifications for the facility
16shall be submitted to the Department for review and approval.
17A facility may submit architectural drawings and
18specifications for other construction projects for Department
19review according to subsection (b) that shall not be subject
20to fees under subsection (d). Review of drawings and
21specifications shall be conducted by an employee of the
22Department meeting the qualifications established by the
23Department of Central Management Services class specifications
24for such an individual's position or by a person contracting

 

 

HB3417- 12 -LRB102 14426 CPF 19778 b

1with the Department who meets those class specifications.
2Final approval of the drawings and specifications for
3compliance with design and construction standards shall be
4obtained from the Department before the alteration, addition,
5or new construction is begun.
6    (b) The Department shall inform an applicant in writing
7within 10 working days after receiving drawings and
8specifications and the required fee, if any, from the
9applicant whether the applicant's submission is complete or
10incomplete. Failure to provide the applicant with this notice
11within 10 working days shall result in the submission being
12deemed complete for purposes of initiating the 60 day review
13period under this Section. If the submission is incomplete,
14the Department shall inform the applicant of the deficiencies
15with the submission in writing. If the submission is complete
16the required fee, if any, has been paid, the Department shall
17approve or disapprove drawings and specifications submitted to
18the Department no later than 60 days following receipt by the
19Department. The drawings and specifications shall be of
20sufficient detail, as provided by Department rule, to enable
21the Department to render a determination of compliance with
22design and construction standards under this Act. If the
23Department finds that the drawings are not of sufficient
24detail for it to render a determination of compliance, the
25plans shall be determined to be incomplete and shall not be
26considered for purposes of initiating the 60 day review

 

 

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1period. If a submission of drawings and specifications is
2incomplete, the applicant may submit additional information.
3The 60 day review period shall not commence until the
4Department determines that a submission of drawings and
5specifications is complete or the submission is deemed
6complete. If the Department has not approved or disapproved
7the drawings and specifications within 60 days, the
8construction, major alteration, or addition shall be deemed
9approved. If the drawings and specifications are disapproved,
10the Department shall state in writing, with specificity, the
11reasons for the disapproval. The entity submitting the
12drawings and specifications may submit additional information
13in response to the written comments from the Department or
14request a reconsideration of the disapproval. A final decision
15of approval or disapproval shall be made within 45 days of the
16receipt of the additional information or reconsideration
17request. If denied, the Department shall state the specific
18reasons for the denial.
19    (c) The Department shall provide written approval for
20occupancy pursuant to subsection (g) and shall not issue a
21violation to a facility as a result of a licensure or complaint
22survey based upon the facility's physical structure if:
23        (1) the Department reviewed and approved or deemed
24    approved the drawings and specifications for compliance
25    with design and construction standards;
26        (2) the construction, major alteration, or addition

 

 

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1    was built as submitted;
2        (3) the law or rules have not been amended since the
3    original approval; and
4        (4) the conditions at the facility indicate that there
5    is a reasonable degree of safety provided for the
6    residents.
7    (d) (Blank).
8    (e) All fees received by the Department under this Section
9shall be deposited into the Health Facility Plan Review Fund,
10a special fund created in the State Treasury. Moneys shall be
11appropriated from that Fund to the Department only to pay the
12costs of conducting reviews under this Section, under Section
133-202.5 of the Nursing Home Care Act, or under Section 3-202.5
14of the ID/DD Community Care Act, or under Section 23 of the
15Assisted Living and Shared Housing Act. None of the moneys in
16the Health Facility Plan Review Fund shall be used to reduce
17the amount of General Revenue Fund moneys appropriated to the
18Department for facility plan reviews conducted pursuant to
19this Section.
20    (f) (Blank).
21    (g) The Department shall conduct an on site inspection of
22the completed project no later than 30 days after notification
23from the applicant that the project has been completed and all
24certifications required by the Department have been received
25and accepted by the Department. The Department shall provide
26written approval for occupancy to the applicant within 5

 

 

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1working days of the Department's final inspection, provided
2the applicant has demonstrated substantial compliance as
3defined by Department rule. Occupancy of new major
4construction is prohibited until Department approval is
5received, unless the Department has not acted within the time
6frames provided in this subsection (g), in which case the
7construction shall be deemed approved. Occupancy shall be
8authorized after any required health inspection by the
9Department has been conducted.
10    (h) The Department shall establish, by rule, a procedure
11to conduct interim on site review of large or complex
12construction projects.
13    (i) The Department shall establish, by rule, an expedited
14process for emergency repairs or replacement of like
15equipment.
16    (j) Nothing in this Section shall be construed to apply to
17maintenance, upkeep, or renovation that does not affect the
18structural integrity of the building, does not add beds or
19services over the number for which the facility is licensed,
20and provides a reasonable degree of safety for the residents.
21(Source: P.A. 99-180, eff. 7-29-15.)
 
22    Section 99. Effective date. This Act takes effect July 1,
232021.