Illinois General Assembly - Full Text of HB3172
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3172  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. Norine K. Hammond


210 ILCS 9/75

    Amends the Assisted Living and Shared Housing Act. Removes a provision prohibiting a person from being accepted for residency to an assisted living establishment if the person requires sliding scale insulin administration unless self-performed or administered by a licensed health care professional.

LRB103 30461 AWJ 56894 b





HB3172LRB103 30461 AWJ 56894 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 Section 75 as follows:
6    (210 ILCS 9/75)
7    Sec. 75. Residency Requirements.
8    (a) No individual shall be accepted for residency or
9remain in residence if the establishment cannot provide or
10secure appropriate services, if the individual requires a
11level of service or type of service for which the
12establishment is not licensed or which the establishment does
13not provide, or if the establishment does not have the staff
14appropriate in numbers and with appropriate skill to provide
15such services.
16    (b) Only adults may be accepted for residency.
17    (c) A person shall not be accepted for residency if:
18        (1) the person poses a serious threat to himself or
19    herself or to others;
20        (2) the person is not able to communicate his or her
21    needs and no resident representative residing in the
22    establishment, and with a prior relationship to the
23    person, has been appointed to direct the provision of



HB3172- 2 -LRB103 30461 AWJ 56894 b

1    services;
2        (3) the person requires total assistance with 2 or
3    more activities of daily living;
4        (4) the person requires the assistance of more than
5    one paid caregiver at any given time with an activity of
6    daily living;
7        (5) the person requires more than minimal assistance
8    in moving to a safe area in an emergency;
9        (6) the person has a severe mental illness, which for
10    the purposes of this Section means a condition that is
11    characterized by the presence of a major mental disorder
12    as classified in the Diagnostic and Statistical Manual of
13    Mental Disorders, Fourth Edition (DSM-IV) (American
14    Psychiatric Association, 1994), where the individual is a
15    person with a substantial disability due to mental illness
16    in the areas of self-maintenance, social functioning,
17    activities of community living and work skills, and the
18    disability specified is expected to be present for a
19    period of not less than one year, but does not mean
20    Alzheimer's disease and other forms of dementia based on
21    organic or physical disorders;
22        (7) the person requires intravenous therapy or
23    intravenous feedings unless self-administered or
24    administered by a qualified, licensed health care
25    professional;
26        (8) the person requires gastrostomy feedings unless



HB3172- 3 -LRB103 30461 AWJ 56894 b

1    self-administered or administered by a licensed health
2    care professional;
3        (9) the person requires insertion, sterile irrigation,
4    and replacement of catheter, except for routine
5    maintenance of urinary catheters, unless the catheter care
6    is self-administered or administered by a licensed health
7    care professional;
8        (10) the person requires sterile wound care unless
9    care is self-administered or administered by a licensed
10    health care professional;
11        (11) (blank); the person requires sliding scale
12    insulin administration unless self-performed or
13    administered by a licensed health care professional;
14        (12) the person is a diabetic requiring routine
15    insulin injections unless the injections are
16    self-administered or administered by a licensed health
17    care professional;
18        (13) the person requires treatment of stage 3 or stage
19    4 decubitus ulcers or exfoliative dermatitis;
20        (14) the person requires 5 or more skilled nursing
21    visits per week for conditions other than those listed in
22    items (13) and (15) of this subsection for a period of 3
23    consecutive weeks or more except when the course of
24    treatment is expected to extend beyond a 3 week period for
25    rehabilitative purposes and is certified as temporary by a
26    physician; or



HB3172- 4 -LRB103 30461 AWJ 56894 b

1        (15) other reasons prescribed by the Department by
2    rule.
3    (d) A resident with a condition listed in items (1)
4through (15) of subsection (c) shall have his or her residency
6    (e) Residency shall be terminated when services available
7to the resident in the establishment are no longer adequate to
8meet the needs of the resident. This provision shall not be
9interpreted as limiting the authority of the Department to
10require the residency termination of individuals.
11    (f) Subsection (d) of this Section shall not apply to
12terminally ill residents who receive or would qualify for
13hospice care and such care is coordinated by a hospice program
14licensed under the Hospice Program Licensing Act or other
15licensed health care professional employed by a licensed home
16health agency and the establishment and all parties agree to
17the continued residency.
18    (g) Items (3), (4), (5), and (9) of subsection (c) shall
19not apply to a quadriplegic, paraplegic, or individual with
20neuro-muscular diseases, such as muscular dystrophy and
21multiple sclerosis, or other chronic diseases and conditions
22as defined by rule if the individual is able to communicate his
23or her needs and does not require assistance with complex
24medical problems, and the establishment is able to accommodate
25the individual's needs. The Department shall prescribe rules
26pursuant to this Section that address special safety and



HB3172- 5 -LRB103 30461 AWJ 56894 b

1service needs of these individuals.
2    (h) For the purposes of items (7) through (10) of
3subsection (c), a licensed health care professional may not be
4employed by the owner or operator of the establishment, its
5parent entity, or any other entity with ownership common to
6either the owner or operator of the establishment or parent
7entity, including but not limited to an affiliate of the owner
8or operator of the establishment. Nothing in this Section is
9meant to limit a resident's right to choose his or her health
10care provider.
11    (i) Subsection (h) is not applicable to residents admitted
12to an assisted living establishment under a life care contract
13as defined in the Life Care Facilities Act if the life care
14facility has both an assisted living establishment and a
15skilled nursing facility. A licensed health care professional
16providing health-related or supportive services at a life care
17assisted living or shared housing establishment must be
18employed by an entity licensed by the Department under the
19Nursing Home Care Act or the Home Health, Home Services, and
20Home Nursing Agency Licensing Act.
21(Source: P.A. 99-143, eff. 7-27-15.)