Full Text of HB1646 95th General Assembly
HB1646 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1646
Introduced 2/22/2007, by Rep. Kathleen A. Ryg SYNOPSIS AS INTRODUCED: |
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Amends the Assisted Living and Shared Housing Act. Provides that for the purposes of certain categories of persons who may not be accepted for residency in an establishment, a
licensed health care professional may (instead of may not)
be employed by the owner or operator of the establishment, its parent entity,
or any other entity with ownership common to either the owner or operator of
the establishment or parent entity, including but not limited to an affiliate
of the owner or operator of the establishment. Effective immediately.
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A BILL FOR
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HB1646 |
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LRB095 09425 DRJ 29622 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 | 5 |
| amended by changing Section 75 as follows:
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| (210 ILCS 9/75)
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| Sec. 75. Residency Requirements.
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| (a) No individual shall be accepted for residency or remain | 9 |
| in residence if
the
establishment cannot provide or secure | 10 |
| appropriate
services, if the individual
requires a level of | 11 |
| service or type of service for which the establishment is
not | 12 |
| licensed or
which the establishment does not provide, or if the | 13 |
| establishment does not have
the staff
appropriate in numbers | 14 |
| and with appropriate skill to provide such services.
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| (b) Only adults may be accepted for residency.
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| (c) A person shall not be accepted for residency if:
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| (1) the person poses a serious threat to himself or | 18 |
| herself or to others;
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| (2) the person is not able to communicate his or her | 20 |
| needs and no
resident representative
residing in the | 21 |
| establishment, and with a prior relationship to the person,
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| has been appointed to direct the provision of
services;
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| (3) the person requires total assistance with 2 or more |
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HB1646 |
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LRB095 09425 DRJ 29622 b |
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| activities of
daily
living;
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| (4) the person requires the assistance of more than one | 3 |
| paid caregiver at
any given time
with an activity of daily | 4 |
| living;
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| (5) the person requires more than minimal assistance in | 6 |
| moving to a safe
area in an
emergency;
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| (6) the person has a severe mental illness, which for | 8 |
| the purposes of
this Section
means a condition that is | 9 |
| characterized by the presence of a major mental
disorder
as | 10 |
| classified in the Diagnostic and Statistical Manual of | 11 |
| Mental Disorders,
Fourth
Edition (DSM-IV) (American | 12 |
| Psychiatric Association, 1994), where the individual
is | 13 |
| substantially disabled due to mental illness in the areas | 14 |
| of
self-maintenance,
social functioning, activities of | 15 |
| community living and work skills, and the
disability
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| specified is expected to be present for a period of not | 17 |
| less than one year, but
does not
mean Alzheimer's disease | 18 |
| and other forms of dementia based on organic or
physical | 19 |
| disorders;
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| (7) the person requires intravenous therapy or | 21 |
| intravenous feedings
unless self-administered or | 22 |
| administered by a qualified, licensed health care
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| professional;
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| (8) the person requires gastrostomy feedings unless | 25 |
| self-administered or
administered
by a licensed health | 26 |
| care professional;
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HB1646 |
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LRB095 09425 DRJ 29622 b |
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| (9) the person requires insertion, sterile irrigation, | 2 |
| and replacement of
catheter, except
for routine | 3 |
| maintenance of urinary catheters, unless the catheter care | 4 |
| is
self-administered or administered by a licensed health | 5 |
| care professional;
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| (10) the person requires sterile wound care unless care | 7 |
| is
self-administered or
administered by a licensed health | 8 |
| care professional;
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| (11) the person requires sliding scale insulin | 10 |
| administration unless
self-performed or
administered by a | 11 |
| licensed health care professional;
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| (12) the person is a diabetic requiring routine insulin | 13 |
| injections unless
the injections
are self-administered or | 14 |
| administered by a licensed health care professional;
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| (13) the person requires treatment of stage 3 or stage | 16 |
| 4 decubitus ulcers
or exfoliative
dermatitis;
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| (14) the person requires 5 or more skilled nursing | 18 |
| visits per week for
conditions other
than those listed in | 19 |
| items (13) and (15) of this subsection for a
period of 3
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| consecutive weeks or more except when the course of | 21 |
| treatment is expected to
extend beyond a 3 week period for | 22 |
| rehabilitative purposes and is certified as
temporary by a | 23 |
| physician; or
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| (15) other reasons prescribed by the Department by | 25 |
| rule.
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| (d) A resident with a condition listed in items (1) through |
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LRB095 09425 DRJ 29622 b |
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| (15) of
subsection (c) shall have
his or her residency | 2 |
| terminated.
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| (e) Residency shall be terminated when services available | 4 |
| to the resident
in
the establishment
are no longer adequate to | 5 |
| meet the needs of the resident. This provision shall
not
be | 6 |
| interpreted as
limiting the authority of the Department to | 7 |
| require the residency termination
of individuals.
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| (f) Subsection (d) of this Section shall not apply to
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| terminally
ill residents who
receive or would qualify for | 10 |
| hospice care and such care is coordinated by
a hospice program | 11 |
| licensed
under the Hospice
Program
Licensing Act or other | 12 |
| licensed health care professional employed by a
licensed home | 13 |
| health
agency and the establishment and all parties agree to | 14 |
| the continued residency.
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| (g) Items (3), (4), (5), and (9) of subsection (c) shall | 16 |
| not apply to
a quadriplegic, paraplegic, or
individual with | 17 |
| neuro-muscular diseases, such as muscular dystrophy and
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| multiple
sclerosis, or other chronic diseases and conditions as | 19 |
| defined by rule if the
individual is able
to communicate his or | 20 |
| her needs and does not require assistance with complex
medical
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| problems, and the establishment is able to accommodate the | 22 |
| individual's needs.
The Department shall prescribe rules | 23 |
| pursuant to this Section that address
special safety and | 24 |
| service needs of these individuals.
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| (h) For the purposes of items (7) through (10) of | 26 |
| subsection (c), a
licensed health care professional may not
be |
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HB1646 |
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LRB095 09425 DRJ 29622 b |
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| employed by the owner or operator of the establishment, its | 2 |
| parent entity,
or any other entity with ownership common to | 3 |
| either the owner or operator of
the establishment or parent | 4 |
| entity, including but not limited to an affiliate
of the owner | 5 |
| or operator of the establishment. Nothing in this Section is
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| meant to limit a resident's right to
choose his or her health | 7 |
| care provider.
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| (Source: P.A. 93-141, eff. 7-10-03; 94-256, eff. 7-19-05; | 9 |
| 94-570, eff. 8-12-05; revised 8-19-05.)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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