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HB4264 Engrossed |
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LRB095 15201 DRJ 41181 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Assisted Living and Shared Housing Act is |
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| amended by changing Sections 30, 45, and 110 as follows:
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| (210 ILCS 9/30)
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| Sec. 30. Licensing.
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| (a) The Department, in consultation with the Advisory |
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| Board, shall
establish
by rule forms,
procedures, and fees for |
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| the annual licensing of assisted living and shared
housing
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| establishments; shall establish and enforce sanctions and |
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| penalties for
operating in violation
of this Act, as provided |
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| in Section 135 of this Act and rules
adopted under
Section 110 |
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| of this Act. The Department shall conduct an annual on-site
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| review
for
each
establishment covered by this Act, except for |
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| those establishments granted a 2-year license as provided in |
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| Section 45. For those establishments granted a 2-year license, |
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| the Department shall conduct an on-site review every 2 years. |
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| The on-site review
which shall include, but not be limited to,
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| compliance with
this Act and rules adopted hereunder, focus on |
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| solving resident issues
and concerns,
and the quality |
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| improvement process implemented by the establishment to |
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| address
resident
issues. The quality improvement process |
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HB4264 Engrossed |
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LRB095 15201 DRJ 41181 b |
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| implemented by the establishment must
benchmark performance, |
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| be customer centered, be data driven, and focus on
resident
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| satisfaction.
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| (b) An establishment shall provide the following |
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| information to the
Department
to be considered for licensure:
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| (1) the business name, street address, mailing |
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| address, and telephone
number of the
establishment;
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| (2) the name and mailing address of the owner or owners |
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| of the
establishment and if the
owner or owners are not |
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| natural persons, identification of the type of
business |
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| entity
of the owners, and the names and addresses of the |
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| officers and members of the
governing body, or comparable |
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| persons for partnerships, limited liability
companies, or |
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| other types of business organizations;
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| (3) financial information, content and form to be |
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| determined by rules
which may provide different standards |
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| for assisted living establishments and
shared housing |
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| establishments,
establishing that the project is |
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| financially feasible;
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| (4) the name and mailing address of the managing agent |
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| of the
establishment, whether
hired under a management |
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| agreement or lease agreement, if different from the
owner |
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| or owners, and the name of the full-time director;
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| (5) verification that the establishment has entered or |
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| will enter into a
service delivery
contract as provided in |
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| Section 90, as required under this Act, with each
resident |
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HB4264 Engrossed |
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LRB095 15201 DRJ 41181 b |
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| or
resident's representative;
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| (6) the name and address of at least one natural person |
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| who shall be
responsible for
dealing with the Department on |
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| all matters provided for in this Act, on whom
personal |
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| service of all notices and orders shall be made, and who |
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| shall be
authorized
to accept service on behalf of the |
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| owner or owners and the managing agent.
Notwithstanding a |
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| contrary provision of the Code of Civil Procedure, personal
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| service on the person identified pursuant to this |
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| subsection shall be
considered
service on the owner or |
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| owners and the managing agent, and it shall not be a
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| defense to any action that personal service was not made on |
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| each individual or
entity;
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| (7) the signature of the authorized representative of |
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| the owner or
owners;
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| (8) proof of an ongoing quality improvement program in |
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| accordance with
rules adopted
by the Department in |
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| collaboration with the Advisory Board;
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| (9) information about the number and types of units, |
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| the maximum census,
and the
services to be provided at the |
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| establishment, proof of compliance with
applicable
State |
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| and local residential standards, and a copy of the standard |
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| contract
offered to
residents;
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| (10) documentation of adequate liability insurance; |
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| and
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| (11) other information necessary to determine the |
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HB4264 Engrossed |
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LRB095 15201 DRJ 41181 b |
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| identity and
qualifications of an
applicant or licensee to |
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| operate an
establishment in
accordance with this Act as |
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| required by the Department by rule.
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| (c) The information in the statement of ownership shall be |
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| public
information and shall be
available from the Department.
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| (d) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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HB4264 Engrossed |
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LRB095 15201 DRJ 41181 b |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (Source: P.A. 91-656, eff. 1-1-01.)
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| (210 ILCS 9/45)
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| Sec. 45. Renewal of licenses. At least 120 days, but not |
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| more than 150
days prior to license
expiration, the licensee |
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| shall submit an application for renewal of the license
in such |
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| form
and containing such information as the Department |
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| requires. If the application
is approved, and if the licensee |
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| (i) has not committed a Type 1 violation in the preceding 24 |
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| months, (ii) has not committed a Type 2 violation in the |
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| preceding 24 months, (iii) has not had an inspection, review, |
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| or evaluation that resulted in a finding of 10 or more Type 3 |
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| violations in the preceding 24 months, and (iv) the licensee |
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| has not admitted or retained a resident in violation of Section |
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| 75 of this Act in the preceding 24 months, the Department may |
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| renew the license for an additional period of 2 years. If a |
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| licensee whose license has been renewed for 2 years under this |
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| Section subsequently fails to meet any of the conditions set |
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| forth in items (i), (ii), and (iii), and (iv), then, in |
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| addition to any other sanctions that the Department may impose |
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| under this Act, the Department shall revoke the 2-year license |
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| and replace it with a one-year license until the licensee again |
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| meets all of the conditions set forth in items (i), (ii), and |
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HB4264 Engrossed |
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LRB095 15201 DRJ 41181 b |
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| (iii) , and (iv) . If appropriate,
the renewal
application shall |
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| not be approved unless the applicant has provided to the
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| Department an
accurate disclosure document in accordance with |
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| the Alzheimer's Special Care
Disclosure
Act. If the application |
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| for renewal is not timely filed, the Department shall
so inform |
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| the
licensee.
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| Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under |
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| the jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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HB4264 Engrossed |
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LRB095 15201 DRJ 41181 b |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (Source: P.A. 95-590, eff. 9-10-07; revised 11-15-07.)
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| (210 ILCS 9/110)
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| Sec. 110. Powers and duties of the Department.
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| (a) The Department shall conduct an annual unannounced |
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| on-site visit at
each
assisted living and shared
housing |
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| establishment to determine compliance with applicable |
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| licensure
requirements and
standards , except for those |
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| establishments granted a 2-year license as provided in Section |
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| 45. For those establishments granted a 2-year license, the |
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| Department shall conduct an unannounced on-site visit every 2 |
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| years . Additional visits may be conducted without prior notice |
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| to the
assisted living
or shared housing
establishment.
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| (b) Upon receipt of information that may indicate the |
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| failure of the
assisted living or shared housing
establishment |
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| or a service provider to comply with a provision of this Act,
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| the Department shall
investigate the matter or make appropriate |
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| referrals to other government
agencies and entities having
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| jurisdiction over the subject matter of the possible violation. |
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| The Department
may also make
referrals to any public or private |
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| agency that the Department considers
available for appropriate
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| assistance to those involved. The Department may oversee and |
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HB4264 Engrossed |
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LRB095 15201 DRJ 41181 b |
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| coordinate the
enforcement of State
consumer protection |
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| policies affecting residents residing in an establishment
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| licensed under this Act.
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| (c) The Department shall establish by rule complaint |
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| receipt,
investigation,
resolution, and involuntary
residency |
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| termination procedures. Resolution procedures shall provide |
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| for
on-site review and
evaluation of an assisted living or |
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| shared housing establishment found to be
in violation of this |
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| Act
within a specified period of time based on the gravity and |
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| severity of the
violation and any pervasive
pattern of |
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| occurrences of the same or similar violations.
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| (d) The Governor shall establish an Assisted Living and |
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| Shared Housing Standards and Quality of Life
Advisory Board.
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| (e) The Department shall by rule establish penalties and |
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| sanctions, which
shall include, but need not be limited to,
the |
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| creation of a schedule of graduated penalties and sanctions to |
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| include
closure.
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| (f) The Department shall by rule establish procedures for |
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| disclosure of
information to the public, which
shall include, |
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| but not be limited to, ownership, licensure status, frequency |
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| of
complaints, disposition of
substantiated complaints, and |
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| disciplinary actions.
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| (g) (Blank).
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| (h) Beginning January 1, 2000, the Department shall begin |
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| drafting rules
necessary for the administration
of this Act.
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| (i) Notwithstanding any other rulemaking authority that |
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HB4264 Engrossed |
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LRB095 15201 DRJ 41181 b |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
3 |
| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (Source: P.A. 93-1003, eff. 8-23-04.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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