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Human Services Committee
Filed: 3/21/2007
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09500HB1775ham001 |
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LRB095 07137 DRJ 33975 a |
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| AMENDMENT TO HOUSE BILL 1775
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| AMENDMENT NO. ______. Amend House Bill 1775 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Assisted Living and Shared Housing Act is |
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| amended by changing Sections 35 and 125 as follows:
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| (210 ILCS 9/35)
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| Sec. 35. Issuance of license.
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| (a) Upon receipt and review of an application for a license |
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| and review of
the applicant establishment, the Director may |
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| issue a license if he or she
finds:
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| (1) that the individual applicant, or the corporation, |
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| partnership, or
other entity if the applicant is not an |
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| individual, is a person responsible and
suitable to operate |
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| or to direct or participate in the operation of an
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| establishment by virtue of financial capacity, appropriate |
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| business or
professional experience, a record of lawful |
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LRB095 07137 DRJ 33975 a |
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| compliance with lawful orders of
the Department
and lack of |
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| revocation of a license issued under this Act or the |
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| Nursing Home
Care Act
during the previous 5 years;
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| (2) that the establishment is under the supervision of |
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| a full-time
director who is at least 21 years of age and |
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| has (i) at least 2 years of experience in providing health |
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| care services to adults with disabilities or the elderly |
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| population either in an assisted living program, inpatient |
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| hospital, long-term care setting, or adult day care or in a |
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| health-related field approved by the Department and (ii) at |
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| least 2 years of management experience
with ability, |
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| training, and education
appropriate to meet the needs of |
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| the residents and to manage the operations of
the |
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| establishment and who participates in ongoing training for |
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| these purposes ;
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| (3) that the establishment has staff sufficient in |
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| number with
qualifications, adequate skills, education, |
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| and experience to meet the 24 hour
scheduled and |
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| unscheduled needs of residents and who participate in |
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| ongoing
training to serve the resident population;
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| (4) that direct care staff meet the requirements of the |
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| Health Care Worker
Background Check Act;
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| (5) that the applicant is in substantial compliance |
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| with this Act and such
other requirements for a
license as |
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| the Department by rule may establish under this Act;
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| (6) that the applicant pays all required fees;
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LRB095 07137 DRJ 33975 a |
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| (7) that the applicant has provided to the Department |
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| an accurate
disclosure document in
accordance with the |
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| Alzheimer's Special Care Disclosure Act and in
substantial |
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| compliance with Section 150 of this Act.
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| In addition to any other requirements set forth in this |
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| Act, as a condition of licensure under this Act, the director |
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| of an establishment must participate in at least 20 hours of |
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| training every 2 years to assist him or her in better meeting |
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| the needs of the residents of the establishment and manage the |
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| operation of the establishment.
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| Any license issued by the Director shall state the physical |
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| location of the
establishment, the date the license was issued, |
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| and the expiration date. All
licenses shall be valid for one |
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| year, except as provided in Section 40. Each
license shall be |
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| issued only for the premises and persons named in the
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| application, and shall not be transferable or assignable.
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| (Source: P.A. 93-141, eff. 7-10-03.)
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| (210 ILCS 9/125)
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| Sec. 125. Assisted Living and Shared Housing Standards and |
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| Quality of Life Advisory Board.
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| (a) The Director
Governor shall appoint the Assisted Living |
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| and Shared Housing
Standards and Quality of Life Advisory Board |
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| which shall be
responsible for advising the Director in all |
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| aspects of the administration of
the Act. The Board shall give |
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| advice to the Department concerning activities of the assisted |
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LRB095 07137 DRJ 33975 a |
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| living ombudsman and all other matters deemed relevant by the |
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| Director and to the Director concerning the delivery of |
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| personal care services, the unique needs and concerns of |
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| seniors residing in housing projects, and all other issues |
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| affecting the quality of life of residents.
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| (b) The Board shall be comprised of the following persons:
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| (1) the Director who shall serve as chair, ex officio |
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| and nonvoting;
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| (2) the Director of Aging who shall serve as |
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| vice-chair, ex officio
and nonvoting;
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| (3) one representative each of the Departments of
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| Public Health, Healthcare and Family Services
Public Aid , |
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| and Human Services, the
Office of
the State Fire Marshal, |
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| and the Illinois Housing
Development Authority, and 2 |
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| representatives of the Department on Aging, all nonvoting |
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| members;
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| (4) the State Ombudsman or his or her designee;
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| (5) one representative of the Association of Area |
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| Agencies on Aging;
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| (6) four members selected from the recommendations by |
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| provider
organizations
whose membership consist of nursing |
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| care or assisted living establishments;
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| (7) one member selected from the recommendations of |
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| provider organizations
whose
membership consists of home |
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| health agencies;
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| (8) two residents of assisted living or shared housing |
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LRB095 07137 DRJ 33975 a |
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| establishments;
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| (9) three members selected from the recommendations of |
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| consumer
organizations
which engage solely in advocacy or |
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| legal representation on behalf of the
senior
population;
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| (10) one member who shall be a physician;
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| (11) one member who shall be a registered professional |
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| nurse selected from
the
recommendations
of professional |
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| nursing associations;
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| (12) two citizen members with expertise in the area of |
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| gerontology
research or legal research regarding |
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| implementation of assisted living
statutes;
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| (13) two members representing providers of community |
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| care services; and |
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| (14) one member representing agencies providing case |
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| coordination services.
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| (c) Members of the Board appointed under paragraphs (5) |
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| through (14) of subsection (b) shall be appointed to serve for
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| terms of 3 years except as otherwise provided in this Section.
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| All members shall be appointed by January 1, 2001, except that |
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| the 2 members representing the Department on Aging appointed |
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| under paragraph (3) of subsection (b) and the members appointed |
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| under paragraphs (13) and (14) of subsection (b) shall be |
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| appointed by January 1, 2005.
One third of the Board members' |
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| initial terms shall expire in one year;
one third in 2
years, |
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| and one third in 3 years. Of the 3 members appointed under |
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| paragraphs (13) and (14) of subsection (b), one shall serve for |
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LRB095 07137 DRJ 33975 a |
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| an initial term of one year, one shall serve for an initial |
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| term of 2 years, and one shall serve for an initial term of 3 |
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| years. A member's term does not expire until a
successor is
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| appointed by the Director
Governor . Any member appointed to |
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| fill a vacancy occurring
prior to the
expiration of the term |
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| for which his or her predecessor was appointed shall be
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| appointed
for the remainder of that term. The Board shall meet |
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| at the call of the
Director. The
affirmative vote of 10
members |
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| of the Board shall be necessary for Board
action. Members
of |
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| this Board shall receive no compensation for their services, |
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| however,
resident members
shall be reimbursed for their actual |
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| expenses.
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| (d) The Board shall be provided copies of all |
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| administrative rules and
changes to administrative rules for |
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| review and comment prior to notice being
given to the public. |
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| If the Board, having been asked for its
review,
fails to advise |
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| the Department within 90 days, the rules shall be considered
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| acted upon.
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| (Source: P.A. 93-1003, eff. 8-23-04; revised 12-15-05.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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