Full Text of HB4493 093rd General Assembly
HB4493eng 93RD GENERAL ASSEMBLY
|
|
|
HB4493 Engrossed |
|
LRB093 19840 DRJ 45583 b |
|
| 1 |
| AN ACT concerning health facilities.
| 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, 40, 55, 60, 76, 110, and 125 | 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 |
| "Advisory Board" means the Assisted Living and Shared | 12 |
| Housing Standards and Quality of Life Advisory Board.
| 13 |
| "Assisted living establishment" or "establishment" means a | 14 |
| home, building,
residence, or any
other place where sleeping | 15 |
| accommodations are provided for at least 3
unrelated adults,
at | 16 |
| least 80% of whom are 55 years of age or older and where the | 17 |
| following are
provided
consistent with the purposes of this | 18 |
| Act:
| 19 |
| (1) services consistent with a social model that is | 20 |
| based on the premise
that the
resident's unit in assisted | 21 |
| living and shared housing is his or her own home;
| 22 |
| (2) community-based residential care for persons who | 23 |
| need assistance with
activities of
daily living, including | 24 |
| personal, supportive, and intermittent
health-related | 25 |
| services available 24 hours per day, if needed, to meet the
| 26 |
| scheduled
and
unscheduled needs of a resident;
| 27 |
| (3) mandatory services, whether provided directly by | 28 |
| the establishment or
by another
entity arranged for by the | 29 |
| establishment, with the consent of the resident or
| 30 |
| resident's
representative; and
| 31 |
| (4) a physical environment that is a homelike
setting | 32 |
| that
includes the following and such other elements as |
|
|
|
HB4493 Engrossed |
- 2 - |
LRB093 19840 DRJ 45583 b |
|
| 1 |
| established by the Department
in
conjunction with the | 2 |
| Assisted Living and Shared Housing Standards and Quality of | 3 |
| Life Advisory Board:
individual living units each of which | 4 |
| shall accommodate small kitchen
appliances
and contain | 5 |
| private bathing, washing, and toilet facilities, or | 6 |
| private washing
and
toilet facilities with a common bathing | 7 |
| room readily accessible to each
resident.
Units shall be | 8 |
| maintained for single occupancy except in cases in which 2
| 9 |
| residents
choose to share a unit. Sufficient common space | 10 |
| shall exist to permit
individual and
group activities.
| 11 |
| "Assisted living establishment" or "establishment" does | 12 |
| not mean any of the
following:
| 13 |
| (1) A home, institution, or similar place operated by | 14 |
| the federal
government or the
State of Illinois.
| 15 |
| (2) A long term care facility licensed under the | 16 |
| Nursing Home Care Act.
However, a
long term care facility | 17 |
| may convert distinct parts of the facility to assisted
| 18 |
| living. If
the long term care facility elects to do so, the | 19 |
| facility shall retain the
Certificate of
Need for its | 20 |
| nursing and sheltered care beds that were converted.
| 21 |
| (3) A hospital, sanitarium, or other institution, the | 22 |
| principal activity
or business of
which is the diagnosis, | 23 |
| care, and treatment of human illness and that is
required | 24 |
| to
be licensed under the Hospital Licensing Act.
| 25 |
| (4) A facility for child care as defined in the Child | 26 |
| Care Act of 1969.
| 27 |
| (5) A community living facility as defined in the | 28 |
| Community Living
Facilities
Licensing Act.
| 29 |
| (6) A nursing home or sanitarium operated solely by and | 30 |
| for persons who
rely
exclusively upon treatment by | 31 |
| spiritual means through prayer in accordance with
the creed | 32 |
| or tenants of a well-recognized church or religious | 33 |
| denomination.
| 34 |
| (7) A facility licensed by the Department of Human | 35 |
| Services as a
community-integrated living arrangement as | 36 |
| defined in the Community-Integrated
Living
Arrangements |
|
|
|
HB4493 Engrossed |
- 3 - |
LRB093 19840 DRJ 45583 b |
|
| 1 |
| Licensure and Certification Act.
| 2 |
| (8) A supportive residence licensed under the | 3 |
| Supportive Residences
Licensing Act.
| 4 |
| (9) A life care facility as defined in the Life Care | 5 |
| Facilities Act; a
life care facility may
apply under this | 6 |
| Act to convert sections of the community to assisted | 7 |
| living.
| 8 |
| (10) A free-standing hospice facility licensed under | 9 |
| the Hospice Program
Licensing Act.
| 10 |
| (11) A shared housing establishment.
| 11 |
| (12) A supportive living facility as described in | 12 |
| Section 5-5.0la of the
Illinois Public Aid
Code.
| 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 an | 20 |
| 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.
| 27 |
| "Licensee" means a person, agency, association, | 28 |
| corporation, partnership, or
organization that
has been issued | 29 |
| a license to operate an assisted living or shared housing
| 30 |
| establishment.
| 31 |
| "Licensed health care professional" means a registered | 32 |
| professional nurse,
an advanced practice nurse, a physician | 33 |
| assistant, and a licensed practical
nurse.
| 34 |
| "Mandatory services" include the following:
| 35 |
| (1) 3 meals per day available to the residents prepared | 36 |
| by the
establishment or an
outside contractor;
|
|
|
|
HB4493 Engrossed |
- 4 - |
LRB093 19840 DRJ 45583 b |
|
| 1 |
| (2) housekeeping services including, but not limited | 2 |
| to, vacuuming,
dusting, and
cleaning the resident's unit;
| 3 |
| (3) personal laundry and linen services available to | 4 |
| the residents
provided
or arranged
for by the | 5 |
| establishment;
| 6 |
| (4) security provided 24 hours each day including, but | 7 |
| not limited to,
locked entrances
or building or contract | 8 |
| security personnel;
| 9 |
| (5) an emergency communication response system, which | 10 |
| is a procedure in
place 24
hours each day by which a | 11 |
| resident can notify building management, an emergency
| 12 |
| response vendor, or others able to respond to his or her | 13 |
| need for assistance;
and
| 14 |
| (6) assistance with activities of daily living as | 15 |
| required by each
resident.
| 16 |
| "Negotiated risk" is the process by which a resident, or | 17 |
| his or her
representative,
may formally
negotiate with | 18 |
| providers what risks each are willing and unwilling to assume | 19 |
| in
service provision
and the resident's living environment. The | 20 |
| provider assures that the resident
and the
resident's | 21 |
| representative, if any, are informed of the risks of these | 22 |
| decisions
and of
the potential
consequences of assuming these | 23 |
| risks.
| 24 |
| "Owner" means the individual, partnership, corporation, | 25 |
| association, or other
person who owns
an assisted living or | 26 |
| shared housing establishment. In the event an assisted
living | 27 |
| or shared
housing establishment is operated by a person who | 28 |
| leases or manages the
physical plant, which is
owned by another | 29 |
| person, "owner" means the person who operates the assisted
| 30 |
| living or shared
housing establishment, except that if the | 31 |
| person who owns the physical plant is
an affiliate of the
| 32 |
| person who operates the assisted living or shared housing | 33 |
| establishment and has
significant
control over the day to day | 34 |
| operations of the assisted living or shared housing
| 35 |
| establishment, the
person who owns the physical plant shall | 36 |
| incur jointly and severally with the
owner all liabilities
|
|
|
|
HB4493 Engrossed |
- 5 - |
LRB093 19840 DRJ 45583 b |
|
| 1 |
| imposed on an owner under this Act.
| 2 |
| "Physician" means a person licensed
under the Medical | 3 |
| Practice Act of 1987
to practice medicine in all of its
| 4 |
| branches.
| 5 |
| "Resident" means a person residing in an assisted living or | 6 |
| shared housing
establishment.
| 7 |
| "Resident's representative" means a person, other than the | 8 |
| owner, agent, or
employee of an
establishment or of the health | 9 |
| care provider unless related to the resident,
designated in | 10 |
| writing by a
resident to be his or her
representative. This | 11 |
| designation may be accomplished through the Illinois
Power of | 12 |
| Attorney Act, pursuant to the guardianship process under the | 13 |
| Probate
Act of 1975, or pursuant to an executed designation of | 14 |
| representative form
specified by the Department.
| 15 |
| "Self" means the individual or the individual's designated | 16 |
| representative.
| 17 |
| "Shared housing establishment" or "establishment" means a | 18 |
| publicly or
privately operated free-standing
residence for 12 | 19 |
| or fewer persons, at least 80% of whom are 55
years of age or | 20 |
| older
and who are unrelated to the owners and one manager of | 21 |
| the residence, where
the following are provided:
| 22 |
| (1) services consistent with a social model that is | 23 |
| based on the premise
that the resident's unit is his or her | 24 |
| own home;
| 25 |
| (2) community-based residential care for persons who | 26 |
| need assistance with
activities of daily living, including | 27 |
| housing and personal, supportive, and
intermittent | 28 |
| health-related services available 24 hours per day, if | 29 |
| needed, to
meet the scheduled and unscheduled needs of a | 30 |
| resident; and
| 31 |
| (3) mandatory services, whether provided directly by | 32 |
| the establishment or
by another entity arranged for by the | 33 |
| establishment, with the consent of the
resident or the | 34 |
| resident's representative.
| 35 |
| "Shared housing establishment" or "establishment" does not | 36 |
| mean any of the
following:
|
|
|
|
HB4493 Engrossed |
- 6 - |
LRB093 19840 DRJ 45583 b |
|
| 1 |
| (1) A home, institution, or similar place operated by | 2 |
| the federal
government or the State of Illinois.
| 3 |
| (2) A long term care facility licensed under the | 4 |
| Nursing Home Care Act.
A long term care facility may, | 5 |
| however, convert sections of the facility to
assisted | 6 |
| living. If the long term care facility elects to do so, the | 7 |
| facility
shall retain the Certificate of Need for its | 8 |
| nursing beds that were
converted.
| 9 |
| (3) A hospital, sanitarium, or other institution, the | 10 |
| principal activity
or business of which is the diagnosis, | 11 |
| care, and treatment of human illness and
that is required | 12 |
| to be licensed under the Hospital Licensing Act.
| 13 |
| (4) A facility for child care as defined in the Child | 14 |
| Care Act of 1969.
| 15 |
| (5) A community living facility as defined in the | 16 |
| Community Living
Facilities Licensing Act.
| 17 |
| (6) A nursing home or sanitarium operated solely by and | 18 |
| for persons who
rely exclusively upon treatment by | 19 |
| spiritual means through prayer in accordance
with the creed | 20 |
| or tenants of a well-recognized church or religious
| 21 |
| denomination.
| 22 |
| (7) A facility licensed by the Department of Human | 23 |
| Services as a
community-integrated
community-intergrated
| 24 |
| living arrangement as defined in the Community-Integrated
| 25 |
| Living Arrangements Licensure and Certification Act.
| 26 |
| (8) A supportive residence licensed under the | 27 |
| Supportive Residences
Licensing Act.
| 28 |
| (9) A life care facility as defined in the Life Care | 29 |
| Facilities Act; a
life care facility may apply under this | 30 |
| Act to convert sections of the
community to assisted | 31 |
| living.
| 32 |
| (10) A free-standing hospice facility licensed under | 33 |
| the Hospice Program
Licensing Act.
| 34 |
| (11) An assisted living establishment.
| 35 |
| (12) A supportive living facility as described in | 36 |
| Section 5-5.01a of the
Illinois Public Aid Code.
|
|
|
|
HB4493 Engrossed |
- 7 - |
LRB093 19840 DRJ 45583 b |
|
| 1 |
| "Total assistance" means that staff or another individual | 2 |
| performs the entire
activity of daily
living without | 3 |
| participation by the resident.
| 4 |
| (Source: P.A. 91-656, eff. 1-1-01.)
| 5 |
| (210 ILCS 9/40)
| 6 |
| Sec. 40. Probationary licenses. If the applicant has not | 7 |
| been
previously licensed under this
Act or if the establishment | 8 |
| is not in operation at the time the application is
made and if | 9 |
| the Department determines that the applicant meets the | 10 |
| licensure requirements of this Act , the Department
shall
may
| 11 |
| issue a probationary license. A probationary license shall be | 12 |
| valid for
120 days unless
sooner suspended or revoked. Within | 13 |
| 30 days prior to the termination of a
probationary license,
the | 14 |
| Department shall fully and completely review the establishment | 15 |
| and, if the
establishment
meets the applicable requirements for | 16 |
| licensure, shall issue a license. If the
Department finds
that | 17 |
| the establishment does not meet the requirements for licensure, | 18 |
| but has
made substantial
progress toward meeting those | 19 |
| requirements, the license may be renewed once for
a period not | 20 |
| to
exceed 120 days from the expiration date of the initial | 21 |
| probationary license.
| 22 |
| (Source: P.A. 91-656, eff. 1-1-01.)
| 23 |
| (210 ILCS 9/55)
| 24 |
| Sec. 55. Grounds for denial of a license.
An application | 25 |
| for a license may be denied for any of the following reasons:
| 26 |
| (1) failure to meet any of the standards set forth in | 27 |
| this Act or by rules
adopted by the Department under this | 28 |
| Act;
| 29 |
| (2) conviction of the applicant, or if the applicant is | 30 |
| a firm,
partnership,
or association, of any of
its members, | 31 |
| or if a corporation, the conviction of the corporation or | 32 |
| any of
its officers or
stockholders, or of the person | 33 |
| designated to manage or supervise the
establishment, of a
| 34 |
| felony or of 2 or more misdemeanors involving moral |
|
|
|
HB4493 Engrossed |
- 8 - |
LRB093 19840 DRJ 45583 b |
|
| 1 |
| turpitude during the
previous 5
years as shown by a | 2 |
| certified copy of the record of the court of conviction;
| 3 |
| (3) personnel insufficient in number or unqualified by | 4 |
| training or
experience to properly care for
the residents;
| 5 |
| (4) insufficient financial or other resources to | 6 |
| operate and conduct the
establishment in
accordance with | 7 |
| standards adopted by the Department under this Act;
| 8 |
| (5) revocation of a license during the previous 5
| 9 |
| years,
if such prior license
was issued to the individual | 10 |
| applicant, a controlling owner or controlling
combination | 11 |
| of
owners of the applicant; or any affiliate of the | 12 |
| individual applicant or
controlling owner of
the applicant | 13 |
| and such individual applicant, controlling owner of the | 14 |
| applicant
or affiliate of
the applicant was a controlling | 15 |
| owner of the prior license; provided, however,
that the | 16 |
| denial
of an application for a license pursuant to this | 17 |
| Section must be supported
by evidence that
the prior | 18 |
| revocation renders the applicant unqualified or incapable | 19 |
| of meeting
or
maintaining an establishment in accordance | 20 |
| with the standards and rules
adopted by the
Department | 21 |
| under this Act; or
| 22 |
| (6) the establishment is not under the direct | 23 |
| supervision of a full-time
director, as defined by
rule.
| 24 |
| The Department shall deny an application for a license if 6 | 25 |
| months after submitting its initial application the applicant | 26 |
| has not provided the Department with all of the information | 27 |
| required for review and approval or the applicant is not | 28 |
| actively pursuing the processing of its application. In | 29 |
| addition, the Department shall determine whether the applicant | 30 |
| has violated any provision of the Nursing Home Care Act.
| 31 |
| (Source: P.A. 91-656, eff. 1-1-01.)
| 32 |
| (210 ILCS 9/60)
| 33 |
| Sec. 60. Notice of denial; request for hearing; hearing.
| 34 |
| (a) Immediately upon the denial of any application or | 35 |
| reapplication for a
license under this
Act, the Department |
|
|
|
HB4493 Engrossed |
- 9 - |
LRB093 19840 DRJ 45583 b |
|
| 1 |
| shall notify the applicant in writing. Notice of
denial shall | 2 |
| include a
clear and concise statement of the violations of this | 3 |
| Act on which the denial
is based and
notice of the opportunity | 4 |
| for a hearing. If the applicant or licensee wishes
to contest | 5 |
| the
denial of a license, it shall provide written notice to the | 6 |
| Department of a
request for a hearing
within 10 days after | 7 |
| receipt of the notice of denial. The Department shall
commence | 8 |
| a
hearing under this Section.
| 9 |
| (b) A request for a hearing by aggrieved persons shall be | 10 |
| taken to the
Department as follows:
| 11 |
| (1) Upon the receipt of a request in writing for a | 12 |
| hearing, the Director
or a person
designated in writing by | 13 |
| the Director to act as a hearing officer shall conduct
a
| 14 |
| hearing to review the decision.
| 15 |
| (2) Before the hearing is held notice of the hearing | 16 |
| shall be sent by the
Department to the
person making the | 17 |
| request for the hearing and to the person making the | 18 |
| decision
which is being reviewed. In the notice the | 19 |
| Department shall specify the date,
time,
and place of the | 20 |
| hearing, which shall be held not less than 10 days after | 21 |
| the
notice is
mailed or delivered. The notice shall | 22 |
| designate the decision being reviewed.
The
notice may be | 23 |
| served by delivering it personally to the parties or their
| 24 |
| representatives
or by mailing it by certified mail to the | 25 |
| parties' addresses.
| 26 |
| (3) The Department shall commence the hearing within 30 | 27 |
| days after the
receipt of request
for hearing. The hearing | 28 |
| shall proceed as expeditiously as practicable, but in
all | 29 |
| cases
shall conclude within 90 days after commencement. | 30 |
| (b-5) The Director or his or her designee may compel, by | 31 |
| subpoena or subpoena duces tecum, the attendance and testimony | 32 |
| of witnesses and the production of books, papers, documents, | 33 |
| and records and may administer oaths to witnesses.
| 34 |
| (c) The Director or hearing officer shall permit any party | 35 |
| to appear in
person and to be
represented by counsel at the | 36 |
| hearing, at which time the applicant or licensee
shall be
|
|
|
|
HB4493 Engrossed |
- 10 - |
LRB093 19840 DRJ 45583 b |
|
| 1 |
| afforded an opportunity to present all relevant matter in | 2 |
| support of his or her
position. In the
event of the inability | 3 |
| of any party or the Department to procure the attendance
of | 4 |
| witnesses to
give testimony or produce books and papers, any | 5 |
| party or the Department may
take the
deposition of witnesses in | 6 |
| accordance with the provisions of the laws of this
State. All
| 7 |
| testimony shall be reduced to writing, and all testimony and | 8 |
| other
evidence introduced
at the hearing shall be a part of the | 9 |
| record of the hearing.
| 10 |
| (d) The Director or hearing officer shall make findings of | 11 |
| fact in the
hearing, and the Director
shall render his or her | 12 |
| decision within 30 days after the termination of the
hearing, | 13 |
| unless
additional time not to exceed 90 days is required by him | 14 |
| or her for a proper
disposition of the
matter. When the hearing | 15 |
| has been conducted by a hearing officer, the Director
shall | 16 |
| review
the record and findings of fact before rendering a | 17 |
| decision. All decisions
rendered by the
Director shall be | 18 |
| binding upon and complied with by the Department, the
| 19 |
| establishment, or
the persons involved in the hearing, as | 20 |
| appropriate to each case.
| 21 |
| (Source: P.A. 91-656, eff. 1-1-01.)
| 22 |
| (210 ILCS 9/76)
| 23 |
| Sec. 76. Vaccinations.
Pneumonia shots.
| 24 |
| (a) Before a prospective resident's admission to an
| 25 |
| assisted living establishment or a shared housing | 26 |
| establishment that does not provide medication administration | 27 |
| as an optional service , the
establishment shall advise the | 28 |
| prospective resident to consult a
physician to determine | 29 |
| whether the prospective resident should obtain a
vaccination | 30 |
| against pneumococcal pneumonia or influenza, or both . | 31 |
| (b) An assisted living establishment or shared housing | 32 |
| establishment that provides medication administration as an | 33 |
| optional service shall annually administer a vaccination | 34 |
| against influenza to
each
resident, in accordance with the | 35 |
| recommendations of the Advisory Committee on
Immunization |
|
|
|
HB4493 Engrossed |
- 11 - |
LRB093 19840 DRJ 45583 b |
|
| 1 |
| Practices of the Centers for Disease Control and Prevention | 2 |
| that
are most
recent to the time of vaccination, unless the | 3 |
| vaccination is medically
contraindicated or
the resident has | 4 |
| refused the vaccine. Influenza vaccinations for all residents
| 5 |
| age 65 or
over shall be completed by November 30 of each year | 6 |
| or as soon as practicable
if vaccine
supplies are not available | 7 |
| before November 1. Residents admitted after November
30,
during | 8 |
| the flu season, and until February 1 shall, as medically | 9 |
| appropriate,
receive an influenza vaccination prior to or upon | 10 |
| admission or as soon as
practicable if vaccine
supplies are not | 11 |
| available at the time of the admission, unless the vaccine is
| 12 |
| medically
contraindicated or the resident has refused the | 13 |
| vaccine. In the event that the
Advisory
Committee on | 14 |
| Immunization Practices of the Centers for Disease Control and
| 15 |
| Prevention
determines that dates of administration other than | 16 |
| those stated in this Section are
optimal to
protect the health | 17 |
| of residents, the Department is authorized to adopt rules
to | 18 |
| require
vaccinations at those times rather than the times | 19 |
| stated in this Section. An establishment shall document in the | 20 |
| resident's medication record that an annual
vaccination | 21 |
| against influenza
was administered, refused, or medically | 22 |
| contraindicated. | 23 |
| An assisted living establishment or shared housing | 24 |
| establishment that provides medication administration as an | 25 |
| optional service shall administer or arrange for | 26 |
| administration of a pneumococcal
vaccination to each resident | 27 |
| who is age 65 or over, in accordance with the
recommendations | 28 |
| of the Advisory Committee on Immunization Practices of the
| 29 |
| Centers
for Disease Control and Prevention, who has not | 30 |
| received this immunization
prior to or
upon admission to the | 31 |
| establishment, unless the resident refuses the offer for
| 32 |
| vaccination or the
vaccination is medically contraindicated. | 33 |
| An establishment shall document in each
resident's
medication | 34 |
| record that a vaccination against pneumococcal pneumonia was | 35 |
| offered
and administered, refused, or medically | 36 |
| contraindicated.
|
|
|
|
HB4493 Engrossed |
- 12 - |
LRB093 19840 DRJ 45583 b |
|
| 1 |
| (Source: P.A. 92-562, eff. 6-24-02.)
| 2 |
| (210 ILCS 9/110)
| 3 |
| Sec. 110. Powers and duties of the Department.
| 4 |
| (a) The Department shall conduct an annual unannounced | 5 |
| on-site visit at
each
assisted living and shared
housing | 6 |
| establishment to determine compliance with applicable | 7 |
| licensure
requirements and
standards. Additional visits may be | 8 |
| conducted without prior notice to the
assisted living
or shared | 9 |
| housing
establishment.
| 10 |
| (b) Upon receipt of information that may indicate the | 11 |
| failure of the
assisted living or shared housing
establishment | 12 |
| or a service provider to comply with a provision of this Act,
| 13 |
| the Department shall
investigate the matter or make appropriate | 14 |
| referrals to other government
agencies and entities having
| 15 |
| jurisdiction over the subject matter of the possible violation. | 16 |
| The Department
may also make
referrals to any public or private | 17 |
| agency that the Department considers
available for appropriate
| 18 |
| assistance to those involved. The Department may oversee and | 19 |
| coordinate the
enforcement of State
consumer protection | 20 |
| policies affecting residents residing in an establishment
| 21 |
| licensed under this Act.
| 22 |
| (c) The Department shall establish by rule complaint | 23 |
| receipt,
investigation,
resolution, and involuntary
residency | 24 |
| termination procedures. Resolution procedures shall provide | 25 |
| for
on-site review and
evaluation of an assisted living or | 26 |
| shared housing establishment found to be
in violation of this | 27 |
| Act
within a specified period of time based on the gravity and | 28 |
| severity of the
violation and any pervasive
pattern of | 29 |
| occurrences of the same or similar violations.
| 30 |
| (d) The Governor shall establish an Assisted Living and | 31 |
| Shared Housing Standards and Quality of Life
Advisory Board.
| 32 |
| (e) The Department shall by rule establish penalties and | 33 |
| sanctions, which
shall include, but need not be limited to,
the | 34 |
| creation of a schedule of graduated penalties and sanctions to | 35 |
| include
closure.
|
|
|
|
HB4493 Engrossed |
- 13 - |
LRB093 19840 DRJ 45583 b |
|
| 1 |
| (f) The Department shall by rule establish procedures for | 2 |
| disclosure of
information to the public, which
shall include, | 3 |
| but not be limited to, ownership, licensure status, frequency | 4 |
| of
complaints, disposition of
substantiated complaints, and | 5 |
| disciplinary actions.
| 6 |
| (g) (Blank).
The Department shall cooperate with, seek the | 7 |
| advice of, and collaborate
with the Assisted Living and Shared | 8 |
| Housing Quality of Life Advisory Committee
in the Department on | 9 |
| Aging on
matters related to the responsibilities of the | 10 |
| Committee. Consistent with
subsection (d) of
Section 125, the | 11 |
| Department shall provide to the Department on Aging for
| 12 |
| distribution to the committee copies of all administrative | 13 |
| rules and changes to
administrative rules for review and | 14 |
| comment prior to notice being given to the
public. If the | 15 |
| Committee, having been asked for its review, fails to respond
| 16 |
| within 90 days, the rules shall be
considered acted upon.
| 17 |
| (h) Beginning January 1, 2000, the Department shall begin | 18 |
| drafting rules
necessary for the administration
of this Act.
| 19 |
| (Source: P.A. 91-656, eff. 1-1-01.)
| 20 |
| (210 ILCS 9/125)
| 21 |
| Sec. 125. Assisted Living and Shared Housing Standards and | 22 |
| Quality of Life Advisory Board.
| 23 |
| (a) The Governor shall appoint the Assisted Living and | 24 |
| Shared Housing
Standards and Quality of Life Advisory Board | 25 |
| which shall be
responsible for advising the Director in all | 26 |
| aspects of the administration of
the Act. The Board shall give | 27 |
| advice to the Department concerning activities of the assisted | 28 |
| living ombudsman and all other matters deemed relevant by the | 29 |
| Director and to the Director concerning the delivery of | 30 |
| personal care services, the unique needs and concerns of | 31 |
| seniors residing in housing projects, and all other issues | 32 |
| affecting the quality of life of residents.
| 33 |
| (b) The Board shall be comprised of the following persons:
| 34 |
| (1) the Director who shall serve as chair, ex officio | 35 |
| and nonvoting;
|
|
|
|
HB4493 Engrossed |
- 14 - |
LRB093 19840 DRJ 45583 b |
|
| 1 |
| (2) the Director of Aging who shall serve as | 2 |
| vice-chair, ex officio
and nonvoting;
| 3 |
| (3) one representative each of the Departments of
| 4 |
| Public Health, Public Aid, and Human Services, the | 5 |
| Department on Aging, the
Office of
the State Fire Marshal, | 6 |
| and the Illinois Housing
Development Authority, and 2 | 7 |
| representatives of the Department on Aging, all nonvoting | 8 |
| members;
| 9 |
| (4) the State Ombudsman or his or her designee;
| 10 |
| (5) one representative of the Association of Area | 11 |
| Agencies on Aging;
| 12 |
| (6) four members selected from the recommendations by | 13 |
| provider
organizations
whose membership consist of nursing | 14 |
| care or assisted living establishments;
| 15 |
| (7) one member selected from the recommendations of | 16 |
| provider organizations
whose
membership consists of home | 17 |
| health agencies;
| 18 |
| (8) two residents of assisted living or shared housing | 19 |
| establishments;
| 20 |
| (9) three members selected from the recommendations of | 21 |
| consumer
organizations
which engage solely in advocacy or | 22 |
| legal representation on behalf of the
senior
population;
| 23 |
| (10) one member who shall be a physician;
| 24 |
| (11) one member who shall be a registered professional | 25 |
| nurse selected from
the
recommendations
of professional | 26 |
| nursing associations; and
| 27 |
| (12) two citizen members with expertise in the area of | 28 |
| gerontology
research or legal research regarding | 29 |
| implementation of assisted living
statutes ; .
| 30 |
| (13) two members representing providers of community | 31 |
| care services; and | 32 |
| (14) one member representing agencies providing case | 33 |
| coordination services.
| 34 |
| (c) Members of the Board appointed under paragraphs (5) | 35 |
| through (14) of subsection (b)
created by this Act shall be | 36 |
| appointed to serve for
terms of 3 years except as otherwise |
|
|
|
HB4493 Engrossed |
- 15 - |
LRB093 19840 DRJ 45583 b |
|
| 1 |
| provided in this Section .
All members shall be appointed by | 2 |
| January 1, 2001 , except that the 2 members representing the | 3 |
| Department on Aging appointed under paragraph (3) of subsection | 4 |
| (b) and the members appointed under paragraphs (13) and (14) of | 5 |
| subsection (b) shall be appointed by January 1, 2005 .
One third | 6 |
| of the Board members' initial terms shall expire in one year;
| 7 |
| one third in 2
years, and one third in 3 years. Of the 3 members | 8 |
| appointed under paragraphs (13) and (14) of subsection (b), one | 9 |
| shall serve for an initial term of one year, one shall serve | 10 |
| for an initial term of 2 years, and one shall serve for an | 11 |
| initial term of 3 years. A member's term does not expire until | 12 |
| a
successor is
appointed by the Governor. Any member appointed | 13 |
| to fill a vacancy occurring
prior to the
expiration of the term | 14 |
| for which his or her predecessor was appointed shall be
| 15 |
| appointed
for the remainder of that term. The Board shall meet | 16 |
| at the call of the
Director. The
affirmative vote of 10
9
| 17 |
| members of the Board shall be necessary for Board
action. | 18 |
| Members
of this Board shall receive no compensation for their | 19 |
| services, however,
resident members
shall be reimbursed for | 20 |
| their actual expenses.
| 21 |
| (d) The Board shall be provided copies of all | 22 |
| administrative rules and
changes to administrative rules for | 23 |
| review and comment prior to notice being
given to the public. | 24 |
| If the Board, having been asked for its
review,
fails to advise | 25 |
| the Department within 90 days, the rules shall be considered
| 26 |
| acted upon.
| 27 |
| (Source: P.A. 91-656, eff. 1-1-01.)
| 28 |
| (210 ILCS 9/130 rep.)
| 29 |
| Section 6. The Assisted Living and Shared Housing Act is | 30 |
| amended by repealing Section 130. | 31 |
| Section 99. Effective date. This Act takes effect upon | 32 |
| becoming law.
|
|