Full Text of SB0774 103rd General Assembly
SB0774enr 103RD GENERAL ASSEMBLY | | | SB0774 Enrolled | | LRB103 03230 AMQ 48236 b |
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| 1 | | AN ACT concerning regulation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Assisted Living and Shared Housing Act is | 5 | | amended by changing Sections 10 and 70 and by adding Section 79 | 6 | | as follows: | 7 | | (210 ILCS 9/10) | 8 | | Sec. 10. Definitions. For purposes of this Act: | 9 | | "Activities of daily living" means eating, dressing, | 10 | | bathing, toileting, transferring, or personal hygiene. | 11 | | "Assisted living establishment" or "establishment" means a | 12 | | home, building, residence, or any other place where sleeping | 13 | | accommodations are provided for at least 3 unrelated adults, | 14 | | at least 80% of whom are 55 years of age or older and where the | 15 | | following are provided consistent with the purposes of this | 16 | | Act: | 17 | | (1) services consistent with a social model that is | 18 | | based on the premise that the resident's unit in assisted | 19 | | living and shared housing is his or her own home; | 20 | | (2) community-based residential care for persons who | 21 | | need assistance with activities of daily living, including | 22 | | personal, supportive, and intermittent health-related | 23 | | services available 24 hours per day, if needed, to meet |
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| 1 | | the scheduled and unscheduled needs of a resident; | 2 | | (3) mandatory services, whether provided directly by | 3 | | the establishment or by another entity arranged for by the | 4 | | establishment, with the consent of the resident or | 5 | | resident's representative; and | 6 | | (4) a physical environment that is a homelike setting | 7 | | that includes the following and such other elements as | 8 | | established by the Department: individual living units | 9 | | each of which shall accommodate small kitchen appliances | 10 | | and contain private bathing, washing, and toilet | 11 | | facilities, or private washing and toilet facilities with | 12 | | a common bathing room readily accessible to each resident. | 13 | | Units shall be maintained for single occupancy except in | 14 | | cases in which 2 residents choose to share a unit. | 15 | | Sufficient common space shall exist to permit individual | 16 | | and group activities. | 17 | | "Assisted living establishment" or "establishment" does | 18 | | not mean any of the following: | 19 | | (1) A home, institution, or similar place operated by | 20 | | the federal government or the State of Illinois. | 21 | | (2) A long term care facility licensed under the | 22 | | Nursing Home Care Act, a facility licensed under the | 23 | | Specialized Mental Health Rehabilitation Act of 2013, a | 24 | | facility licensed under the ID/DD Community Care Act, or a | 25 | | facility licensed under the MC/DD Act. However, a facility | 26 | | licensed under any of those Acts may convert distinct |
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| 1 | | parts of the facility to assisted living. If the facility | 2 | | elects to do so, the facility shall retain the Certificate | 3 | | of Need for its nursing and sheltered care beds that were | 4 | | converted. | 5 | | (3) A hospital, sanitarium, or other institution, the | 6 | | principal activity or business of which is the diagnosis, | 7 | | care, and treatment of human illness and that is required | 8 | | to be licensed under the Hospital Licensing Act. | 9 | | (4) A facility for child care as defined in the Child | 10 | | Care Act of 1969. | 11 | | (5) A community living facility as defined in the | 12 | | Community Living Facilities Licensing Act. | 13 | | (6) A nursing home or sanitarium operated solely by | 14 | | and for persons who rely exclusively upon treatment by | 15 | | spiritual means through prayer in accordance with the | 16 | | creed or tenants of a well-recognized church or religious | 17 | | denomination. | 18 | | (7) A facility licensed by the Department of Human | 19 | | Services as a community-integrated living arrangement as | 20 | | defined in the Community-Integrated Living Arrangements | 21 | | Licensure and Certification Act. | 22 | | (8) A supportive residence licensed under the | 23 | | Supportive Residences Licensing Act. | 24 | | (9) The portion of a life care facility as defined in | 25 | | the Life Care Facilities Act not licensed as an assisted | 26 | | living establishment under this Act; a life care facility |
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| 1 | | may apply under this Act to convert sections of the | 2 | | community to assisted living. | 3 | | (10) A free-standing hospice facility licensed under | 4 | | the Hospice Program Licensing Act. | 5 | | (11) A shared housing establishment. | 6 | | (12) A supportive living facility as described in | 7 | | Section 5-5.01a of the Illinois Public Aid Code. | 8 | | "Certified medication aide" means a person who has met the | 9 | | qualifications for certification under Section 79 and assists | 10 | | with medication administration while under the supervision of | 11 | | a registered professional nurse as authorized by Section 50-75 | 12 | | of the Nurse Practice Act in an assisted living establishment. | 13 | | "Department" means the Department of Public Health. | 14 | | "Director" means the Director of Public Health. | 15 | | "Emergency situation" means imminent danger of death or | 16 | | serious physical harm to a resident of an establishment. | 17 | | "License" means any of the following types of licenses | 18 | | issued to an applicant or licensee by the Department: | 19 | | (1) "Probationary license" means a license issued to | 20 | | an applicant or licensee that has not held a license under | 21 | | this Act prior to its application or pursuant to a license | 22 | | transfer in accordance with Section 50 of this Act. | 23 | | (2) "Regular license" means a license issued by the | 24 | | Department to an applicant or licensee that is in | 25 | | substantial compliance with this Act and any rules | 26 | | promulgated under this Act. |
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| 1 | | "Licensee" means a person, agency, association, | 2 | | corporation, partnership, or organization that has been issued | 3 | | a license to operate an assisted living or shared housing | 4 | | establishment. | 5 | | "Licensed health care professional" means a registered | 6 | | professional nurse, an advanced practice registered nurse, a | 7 | | physician assistant, and a licensed practical nurse. | 8 | | "Mandatory services" include the following: | 9 | | (1) 3 meals per day available to the residents | 10 | | prepared by the establishment or an outside contractor; | 11 | | (2) housekeeping services including, but not limited | 12 | | to, vacuuming, dusting, and cleaning the resident's unit; | 13 | | (3) personal laundry and linen services available to | 14 | | the residents provided or arranged for by the | 15 | | establishment; | 16 | | (4) security provided 24 hours each day including, but | 17 | | not limited to, locked entrances or building or contract | 18 | | security personnel; | 19 | | (5) an emergency communication response system, which | 20 | | is a procedure in place 24 hours each day by which a | 21 | | resident can notify building management, an emergency | 22 | | response vendor, or others able to respond to his or her | 23 | | need for assistance; and | 24 | | (6) assistance with activities of daily living as | 25 | | required by each resident. | 26 | | "Negotiated risk" is the process by which a resident, or |
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| 1 | | his or her representative, may formally negotiate with | 2 | | providers what risks each are willing and unwilling to assume | 3 | | in service provision and the resident's living environment. | 4 | | The provider assures that the resident and the resident's | 5 | | representative, if any, are informed of the risks of these | 6 | | decisions and of the potential consequences of assuming these | 7 | | risks. | 8 | | "Owner" means the individual, partnership, corporation, | 9 | | association, or other person who owns an assisted living or | 10 | | shared housing establishment. In the event an assisted living | 11 | | or shared housing establishment is operated by a person who | 12 | | leases or manages the physical plant, which is owned by | 13 | | another person, "owner" means the person who operates the | 14 | | assisted living or shared housing establishment, except that | 15 | | if the person who owns the physical plant is an affiliate of | 16 | | the person who operates the assisted living or shared housing | 17 | | establishment and has significant control over the day to day | 18 | | operations of the assisted living or shared housing | 19 | | establishment, the person who owns the physical plant shall | 20 | | incur jointly and severally with the owner all liabilities | 21 | | imposed on an owner under this Act. | 22 | | "Physician" means a person licensed under the Medical | 23 | | Practice Act of 1987 to practice medicine in all of its | 24 | | branches. | 25 | | "Program" means the Certified Medication Aide Program. | 26 | | "Qualified establishment" means an assisted living and |
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| 1 | | shared housing establishment licensed by the Department of | 2 | | Public Health. | 3 | | "Resident" means a person residing in an assisted living | 4 | | or shared housing establishment. | 5 | | "Resident's representative" means a person, other than the | 6 | | owner, agent, or employee of an establishment or of the health | 7 | | care provider unless related to the resident, designated in | 8 | | writing by a resident to be his or her representative. This | 9 | | designation may be accomplished through the Illinois Power of | 10 | | Attorney Act, pursuant to the guardianship process under the | 11 | | Probate Act of 1975, or pursuant to an executed designation of | 12 | | representative form specified by the Department. | 13 | | "Self" means the individual or the individual's designated | 14 | | representative. | 15 | | "Shared housing establishment" or "establishment" means a | 16 | | publicly or privately operated free-standing residence for 16 | 17 | | or fewer persons, at least 80% of whom are 55 years of age or | 18 | | older and who are unrelated to the owners and one manager of | 19 | | the residence, where the following are provided: | 20 | | (1) services consistent with a social model that is | 21 | | based on the premise that the resident's unit is his or her | 22 | | own home; | 23 | | (2) community-based residential care for persons who | 24 | | need assistance with activities of daily living, including | 25 | | housing and personal, supportive, and intermittent | 26 | | health-related services available 24 hours per day, if |
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| 1 | | needed, to meet the scheduled and unscheduled needs of a | 2 | | resident; and | 3 | | (3) mandatory services, whether provided directly by | 4 | | the establishment or by another entity arranged for by the | 5 | | establishment, with the consent of the resident or the | 6 | | resident's representative. | 7 | | "Shared housing establishment" or "establishment" does not | 8 | | mean any of the following: | 9 | | (1) A home, institution, or similar place operated by | 10 | | the federal government or the State of Illinois. | 11 | | (2) A long term care facility licensed under the | 12 | | Nursing Home Care Act, a facility licensed under the | 13 | | Specialized Mental Health Rehabilitation Act of 2013, a | 14 | | facility licensed under the ID/DD Community Care Act, or a | 15 | | facility licensed under the MC/DD Act. A facility licensed | 16 | | under any of those Acts may, however, convert sections of | 17 | | the facility to assisted living. If the facility elects to | 18 | | do so, the facility shall retain the Certificate of Need | 19 | | for its nursing beds that were converted. | 20 | | (3) A hospital, sanitarium, or other institution, the | 21 | | principal activity or business of which is the diagnosis, | 22 | | care, and treatment of human illness and that is required | 23 | | to be licensed under the Hospital Licensing Act. | 24 | | (4) A facility for child care as defined in the Child | 25 | | Care Act of 1969. | 26 | | (5) A community living facility as defined in the |
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| 1 | | Community Living Facilities Licensing Act. | 2 | | (6) A nursing home or sanitarium operated solely by | 3 | | and for persons who rely exclusively upon treatment by | 4 | | spiritual means through prayer in accordance with the | 5 | | creed or tenants of a well-recognized church or religious | 6 | | denomination. | 7 | | (7) A facility licensed by the Department of Human | 8 | | Services as a community-integrated living arrangement as | 9 | | defined in the Community-Integrated Living Arrangements | 10 | | Licensure and Certification Act. | 11 | | (8) A supportive residence licensed under the | 12 | | Supportive Residences Licensing Act. | 13 | | (9) A life care facility as defined in the Life Care | 14 | | Facilities Act; a life care facility may apply under this | 15 | | Act to convert sections of the community to assisted | 16 | | living. | 17 | | (10) A free-standing hospice facility licensed under | 18 | | the Hospice Program Licensing Act. | 19 | | (11) An assisted living establishment. | 20 | | (12) A supportive living facility as described in | 21 | | Section 5-5.01a of the Illinois Public Aid Code. | 22 | | "Total assistance" means that staff or another individual | 23 | | performs the entire activity of daily living without | 24 | | participation by the resident. | 25 | | (Source: P.A. 99-180, eff. 7-29-15; 100-513, eff. 1-1-18 .) |
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| 1 | | (210 ILCS 9/70) | 2 | | Sec. 70. Service requirements. An establishment must | 3 | | provide all mandatory services and may provide optional | 4 | | services, including medication reminders, supervision of | 5 | | self-administered medication and medication administration as | 6 | | defined by this Section and nonmedical services defined by | 7 | | rule, whether provided directly by the establishment or by | 8 | | another entity arranged for by the establishment with the | 9 | | consent of the resident or the resident's representative. | 10 | | For the purposes of this Section, "medication reminders" | 11 | | means reminding residents to take pre-dispensed, | 12 | | self-administered medication, observing the resident, and | 13 | | documenting whether or not the resident took the medication. | 14 | | For the purposes of this Section, "supervision of | 15 | | self-administered medication" means assisting the resident | 16 | | with self-administered medication using any combination of the | 17 | | following: reminding residents to take medication, reading the | 18 | | medication label to residents, checking the self-administered | 19 | | medication dosage against the label of the medication, | 20 | | confirming that residents have obtained and are taking the | 21 | | dosage as prescribed, and documenting in writing that the | 22 | | resident has taken (or refused to take) the medication. If | 23 | | residents are physically unable to open the container, the | 24 | | container may be opened for them. Supervision of | 25 | | self-administered medication shall be under the direction of a | 26 | | licensed health care professional or, in the case of a |
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| 1 | | certified medication aide, under the supervision and | 2 | | delegation of a registered nurse as authorized by Section | 3 | | 50-75 of the Nurse Practice Act . | 4 | | For the purposes of this Section, "medication | 5 | | administration" refers to a licensed health care professional | 6 | | employed by an establishment engaging in administering insulin | 7 | | and vitamin B-12 injections, oral medications, topical | 8 | | treatments, eye and ear drops, or nitroglycerin patches. A | 9 | | certified medication aide may administer medications under the | 10 | | supervision and delegation of a registered nurse as authorized | 11 | | by Section 50-75 of the Nurse Practice Act, except (i) | 12 | | Schedule II controlled substances as set forth in the Illinois | 13 | | Controlled Substances Act and (ii) any subcutaneous, | 14 | | intramuscular, intradermal, or intravenous medication | 15 | | Non-licensed staff may not administer any medication . | 16 | | The Department shall specify by rule procedures for | 17 | | medication reminders, supervision of self-administered | 18 | | medication, and medication administration. | 19 | | Nothing in this Act shall preclude a physician licensed | 20 | | under the Medical Practice Act of 1987 from providing services | 21 | | within the scope of his or her license to any resident. | 22 | | (Source: P.A. 96-353, eff. 8-13-09.) | 23 | | (210 ILCS 9/79 new) | 24 | | Sec. 79. Certified Medication Aide Program. | 25 | | (a) The Department shall administer and enforce a |
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| 1 | | Certified Medication Aide Program and regulate certified | 2 | | medication aides. To be approved as an establishment qualified | 3 | | to participate in the program, an establishment must satisfy | 4 | | all of the following requirements: | 5 | | (1) Be licensed and in good standing as an assisted | 6 | | living or shared housing establishment by the Department. | 7 | | (2) Certify that the employment of a certified | 8 | | medication aide will not replace or diminish the | 9 | | employment of registered nurses or licensed practical | 10 | | nurses at the establishment. | 11 | | (3) Certify that a registered nurse will be on duty | 12 | | and present in the establishment to delegate and supervise | 13 | | the administration of medication by a certified medication | 14 | | aide at all times. | 15 | | (4) Certify that, with the exception of licensed | 16 | | health care professionals, only certified medication aides | 17 | | will be employed in the capacity of administering | 18 | | medication. | 19 | | (5) Provide information regarding patient safety, | 20 | | efficiency, and errors as determined by the Department. | 21 | | Failure to submit any required report may be grounds for | 22 | | discipline or sanctions as prescribed by the Department. The | 23 | | Department shall submit a report regarding patient safety, | 24 | | efficiency, and errors, as determined by rule, to the General | 25 | | Assembly no later than 2 years after the effective date of this | 26 | | amendatory Act of the 103rd General Assembly. |
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| 1 | | (b) No person shall practice as a medication aide or hold | 2 | | himself or herself out as a certified medication aide in this | 3 | | State unless he or she is certified in accordance with this | 4 | | Section. Nothing in this Section shall be construed as | 5 | | preventing or restricting the practice, services, or | 6 | | activities of: | 7 | | (1) any person licensed in this State by any other law | 8 | | from engaging in the profession or occupation for which he | 9 | | or she is licensed; | 10 | | (2) any person employed as a medication aide by the | 11 | | government of the United States, if such person practices | 12 | | as a medication aide solely under the direction or control | 13 | | of the organization by which he or she is employed; or | 14 | | (3) any person pursuing a course of study leading to a | 15 | | certificate in medication aide at an accredited or | 16 | | approved educational program if such activities and | 17 | | services constitute a part of a supervised course of study | 18 | | and if such person is designated by a title which clearly | 19 | | indicates his or her status as a student or trainee. | 20 | | Nothing in this Section shall be construed to limit the | 21 | | delegation of tasks or duties by a physician, dentist, | 22 | | advanced practice registered nurse, or podiatric physician as | 23 | | authorized by law. | 24 | | (c) A certified medication aide may only practice in a | 25 | | qualified establishment. Certified medication aides must be | 26 | | supervised by and receive delegation by a registered nurse, as |
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| 1 | | authorized by Section 50-75 of the Nurse Practice Act, that is | 2 | | on duty and present in the establishment at all times. | 3 | | Certified medication aides shall not have a direct-care | 4 | | assignment when scheduled to work as a certified medication | 5 | | aide, but may assist residents as needed. Certified medication | 6 | | aides shall not administer any medication until a physician | 7 | | has conducted an initial assessment of the resident. | 8 | | Certified medication aides shall not administer any | 9 | | Schedule II controlled substances as set forth in the Illinois | 10 | | Controlled Substances Act and may not administer any | 11 | | subcutaneous, intramuscular, intradermal, or intravenous | 12 | | medication. | 13 | | (d) In addition to any other penalty provided by law, any | 14 | | person who practices, offers to practice, attempts to | 15 | | practice, or holds oneself out to practice as a medication | 16 | | aide without being certified in accordance with this Section | 17 | | shall pay a civil penalty to the Department as determined by | 18 | | the Department. The Department has the authority and power to | 19 | | investigate any and all uncertified activity. The civil | 20 | | penalty shall be paid within 60 days after the date of the | 21 | | order imposing the civil penalty. The order shall constitute a | 22 | | judgment and may be filed and execution had thereon in the same | 23 | | manner as any judgment from any court of record. | 24 | | (e) Applications for original certification shall be made | 25 | | to the Department in writing on forms prescribed by the | 26 | | Department and shall be accompanied by the required fee, which |
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| 1 | | shall not be refundable. The application shall require such | 2 | | information that, in the judgment of the Department, enables | 3 | | the Department to pass on the qualifications of the applicant | 4 | | for certification. | 5 | | (f) The Department shall authorize examinations of | 6 | | applicants for a certificate under this Section at the times | 7 | | and places as it may designate. The examination shall be of a | 8 | | character to give a fair test of the qualifications of the | 9 | | applicant to practice as a medication aide. | 10 | | Applicants for examination as a medication aide shall be | 11 | | required to pay, either to the Department or the designated | 12 | | testing service, a fee covering the cost of providing the | 13 | | examination. Failure to appear for the examination on the | 14 | | scheduled date, at the time and place specified, after the | 15 | | applicant's application for examination has been received and | 16 | | acknowledged by the Department or the designated testing | 17 | | service, shall result in the forfeiture of the examination | 18 | | fee. | 19 | | If an applicant fails to pass an examination for | 20 | | certification in accordance with this Section within 3 years | 21 | | after filing his or her application, then the application | 22 | | shall be denied. The applicant may thereafter make a new | 23 | | application accompanied by the required fee; however, the | 24 | | applicant shall meet all requirements in effect at the time of | 25 | | subsequent application before obtaining certification. The | 26 | | Department may employ consultants for the purposes of |
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| 1 | | preparing and conducting examinations. | 2 | | (g) An applicant for certification by examination to | 3 | | practice as a certified medication aide must: | 4 | | (1) submit a completed written application on forms | 5 | | provided by the Department and fees as established by the | 6 | | Department; | 7 | | (2) be age 18 or older; | 8 | | (3) have a high school diploma or a high school | 9 | | equivalency certificate; | 10 | | (4) demonstrate the ability to speak, read, and write | 11 | | the English language, as determined by rule; | 12 | | (5) demonstrate competency in math, as determined by | 13 | | rule; | 14 | | (6) be currently certified in good standing as a | 15 | | certified nursing assistant and provide proof of 2,000 | 16 | | hours of practice as a certified nursing assistant within | 17 | | 3 years before application for a certificate under this | 18 | | Section; | 19 | | (7) submit to the criminal history records check | 20 | | required under Section 46 of the Health Care Worker | 21 | | Background Check Act; | 22 | | (8) be currently certified to perform cardiopulmonary | 23 | | resuscitation by the American Heart Association or | 24 | | American Red Cross; | 25 | | (9) have successfully completed a course of study | 26 | | approved by the Department as defined by rule; to be |
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| 1 | | approved, the program must include a minimum of 60 hours | 2 | | of classroom-based medication aide education, a minimum of | 3 | | 10 hours of simulation laboratory study, and a minimum of | 4 | | 30 hours of registered nurse-supervised clinical practicum | 5 | | with progressive responsibility of patient medication | 6 | | assistance; | 7 | | (10) have successfully completed the Medication Aide | 8 | | Certification Examination or other examination authorized | 9 | | by the Department; and | 10 | | (11) submit proof of employment by a qualifying | 11 | | establishment. | 12 | | (h) The expiration date for each certification to practice | 13 | | as a certified medication aide shall be set by rule. | 14 | | (i) No person shall use the title "certified medication | 15 | | aide" unless he or she holds a valid certificate issued by the | 16 | | Department in accordance with this Section. | 17 | | (j) The Department shall propose rules to implement the | 18 | | provisions of this Section within 180 days after the effective | 19 | | date of this amendatory Act of the 103rd General Assembly. | 20 | | (225 ILCS 65/Art. 80 rep.) | 21 | | Section 10. The Nurse Practice Act is amended by repealing | 22 | | Article 80. | 23 | | Section 15. The Illinois Public Aid Code is amended by | 24 | | changing Section 5-5.01a as follows: |
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| 1 | | (305 ILCS 5/5-5.01a) | 2 | | Sec. 5-5.01a. Supportive living facilities program. | 3 | | (a) The Department shall establish and provide oversight | 4 | | for a program of supportive living facilities that seek to | 5 | | promote resident independence, dignity, respect, and | 6 | | well-being in the most cost-effective manner. | 7 | | A supportive living facility is (i) a free-standing | 8 | | facility or (ii) a distinct physical and operational entity | 9 | | within a mixed-use building that meets the criteria | 10 | | established in subsection (d). A supportive living facility | 11 | | integrates housing with health, personal care, and supportive | 12 | | services and is a designated setting that offers residents | 13 | | their own separate, private, and distinct living units. | 14 | | Sites for the operation of the program shall be selected | 15 | | by the Department based upon criteria that may include the | 16 | | need for services in a geographic area, the availability of | 17 | | funding, and the site's ability to meet the standards. | 18 | | (b) Beginning July 1, 2014, subject to federal approval, | 19 | | the Medicaid rates for supportive living facilities shall be | 20 | | equal to the supportive living facility Medicaid rate | 21 | | effective on June 30, 2014 increased by 8.85%. Once the | 22 | | assessment imposed at Article V-G of this Code is determined | 23 | | to be a permissible tax under Title XIX of the Social Security | 24 | | Act, the Department shall increase the Medicaid rates for | 25 | | supportive living facilities effective on July 1, 2014 by |
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| 1 | | 9.09%. The Department shall apply this increase retroactively | 2 | | to coincide with the imposition of the assessment in Article | 3 | | V-G of this Code in accordance with the approval for federal | 4 | | financial participation by the Centers for Medicare and | 5 | | Medicaid Services. | 6 | | The Medicaid rates for supportive living facilities | 7 | | effective on July 1, 2017 must be equal to the rates in effect | 8 | | for supportive living facilities on June 30, 2017 increased by | 9 | | 2.8%. | 10 | | The Medicaid rates for supportive living facilities | 11 | | effective on July 1, 2018 must be equal to the rates in effect | 12 | | for supportive living facilities on June 30, 2018. | 13 | | Subject to federal approval, the Medicaid rates for | 14 | | supportive living services on and after July 1, 2019 must be at | 15 | | least 54.3% of the average total nursing facility services per | 16 | | diem for the geographic areas defined by the Department while | 17 | | maintaining the rate differential for dementia care and must | 18 | | be updated whenever the total nursing facility service per | 19 | | diems are updated. Beginning July 1, 2022, upon the | 20 | | implementation of the Patient Driven Payment Model, Medicaid | 21 | | rates for supportive living services must be at least 54.3% of | 22 | | the average total nursing services per diem rate for the | 23 | | geographic areas. For purposes of this provision, the average | 24 | | total nursing services per diem rate shall include all add-ons | 25 | | for nursing facilities for the geographic area provided for in | 26 | | Section 5-5.2. The rate differential for dementia care must be |
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| 1 | | maintained in these rates and the rates shall be updated | 2 | | whenever nursing facility per diem rates are updated. | 3 | | Subject to federal approval, beginning January 1, 2024, | 4 | | the dementia care rate for supportive living services must be | 5 | | no less than the non-dementia care supportive living services | 6 | | rate multiplied by 1.5. | 7 | | (c) The Department may adopt rules to implement this | 8 | | Section. Rules that establish or modify the services, | 9 | | standards, and conditions for participation in the program | 10 | | shall be adopted by the Department in consultation with the | 11 | | Department on Aging, the Department of Rehabilitation | 12 | | Services, and the Department of Mental Health and | 13 | | Developmental Disabilities (or their successor agencies). | 14 | | (d) Subject to federal approval by the Centers for | 15 | | Medicare and Medicaid Services, the Department shall accept | 16 | | for consideration of certification under the program any | 17 | | application for a site or building where distinct parts of the | 18 | | site or building are designated for purposes other than the | 19 | | provision of supportive living services, but only if: | 20 | | (1) those distinct parts of the site or building are | 21 | | not designated for the purpose of providing assisted | 22 | | living services as required under the Assisted Living and | 23 | | Shared Housing Act; | 24 | | (2) those distinct parts of the site or building are | 25 | | completely separate from the part of the building used for | 26 | | the provision of supportive living program services, |
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| 1 | | including separate entrances; | 2 | | (3) those distinct parts of the site or building do | 3 | | not share any common spaces with the part of the building | 4 | | used for the provision of supportive living program | 5 | | services; and | 6 | | (4) those distinct parts of the site or building do | 7 | | not share staffing with the part of the building used for | 8 | | the provision of supportive living program services. | 9 | | (e) Facilities or distinct parts of facilities which are | 10 | | selected as supportive living facilities and are in good | 11 | | standing with the Department's rules are exempt from the | 12 | | provisions of the Nursing Home Care Act and the Illinois | 13 | | Health Facilities Planning Act. | 14 | | (f) Section 9817 of the American Rescue Plan Act of 2021 | 15 | | (Public Law 117-2) authorizes a 10% enhanced federal medical | 16 | | assistance percentage for supportive living services for a | 17 | | 12-month period from April 1, 2021 through March 31, 2022. | 18 | | Subject to federal approval, including the approval of any | 19 | | necessary waiver amendments or other federally required | 20 | | documents or assurances, for a 12-month period the Department | 21 | | must pay a supplemental $26 per diem rate to all supportive | 22 | | living facilities with the additional federal financial | 23 | | participation funds that result from the enhanced federal | 24 | | medical assistance percentage from April 1, 2021 through March | 25 | | 31, 2022. The Department may issue parameters around how the | 26 | | supplemental payment should be spent, including quality |
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| 1 | | improvement activities. The Department may alter the form, | 2 | | methods, or timeframes concerning the supplemental per diem | 3 | | rate to comply with any subsequent changes to federal law, | 4 | | changes made by guidance issued by the federal Centers for | 5 | | Medicare and Medicaid Services, or other changes necessary to | 6 | | receive the enhanced federal medical assistance percentage. | 7 | | (g) All applications for the expansion of supportive | 8 | | living dementia care settings involving sites not approved by | 9 | | the Department on January 1, 2024 ( the effective date of | 10 | | Public Act 103-102) this amendatory Act of the 103rd General | 11 | | Assembly may allow new elderly non-dementia units in addition | 12 | | to new dementia care units. The Department may approve such | 13 | | applications only if the application has: (1) no more than one | 14 | | non-dementia care unit for each dementia care unit and (2) the | 15 | | site is not located within 4 miles of an existing supportive | 16 | | living program site in Cook County (including the City of | 17 | | Chicago), not located within 12 miles of an existing | 18 | | supportive living program site in DuPage County, Kane County, | 19 | | Lake County, McHenry County, or Will County, or not located | 20 | | within 25 miles of an existing supportive living program site | 21 | | in any other county. | 22 | | (f) Subject to federal approval, the Department shall | 23 | | allow a certified medication aide to administer medication in | 24 | | a supportive living facility. For purposes of this subsection, | 25 | | "certified medication aide" means a person who has met the | 26 | | qualifications for certification under Section 79 of the |
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| 1 | | Assisted Living and Shared Housing Act and assists with | 2 | | medication administration while under the supervision of a | 3 | | registered professional nurse as authorized by Section 50-75 | 4 | | of the Nurse Practice Act. The Department may adopt rules to | 5 | | implement this subsection. | 6 | | (Source: P.A. 102-43, eff. 7-6-21; 102-699, eff. 4-19-22; | 7 | | 103-102, Article 20, Section 20-5, eff. 1-1-24; 103-102, | 8 | | Article 100, Section 100-5, eff. 1-1-24; revised 12-15-23.) | 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law. |
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