Full Text of HB5000 103rd General Assembly
HB5000enr 103RD GENERAL ASSEMBLY | | | HB5000 Enrolled | | LRB103 38511 CES 68647 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, 75, and 76 as follows: | 6 | | (210 ILCS 9/10) | 7 | | Sec. 10. Definitions. For purposes of this Act: | 8 | | "Activities of daily living" means eating, dressing, | 9 | | bathing, toileting, transferring, or personal hygiene. | 10 | | "Assisted living establishment" or "establishment" means a | 11 | | home, building, residence, or any other place where sleeping | 12 | | accommodations are provided for at least 3 unrelated adults, | 13 | | at least 80% of whom are 55 years of age or older and where the | 14 | | following are provided consistent with the purposes of this | 15 | | Act: | 16 | | (1) services consistent with a social model that is | 17 | | based on the premise that the resident's unit in assisted | 18 | | living and shared housing is his or her own home; | 19 | | (2) community-based residential care for persons who | 20 | | need assistance with activities of daily living, including | 21 | | personal, supportive, and intermittent health-related | 22 | | services available 24 hours per day, if needed, to meet | 23 | | the scheduled and unscheduled needs of a resident; |
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| 1 | | (3) mandatory services, whether provided directly by | 2 | | the establishment or by another entity arranged for by the | 3 | | establishment, with the consent of the resident or | 4 | | resident's representative; and | 5 | | (4) a physical environment that is a homelike setting | 6 | | that includes the following and such other elements as | 7 | | established by the Department: individual living units | 8 | | each of which shall accommodate small kitchen appliances | 9 | | and contain private bathing, washing, and toilet | 10 | | facilities, or private washing and toilet facilities with | 11 | | a common bathing room readily accessible to each resident. | 12 | | Units shall be maintained for single occupancy except in | 13 | | cases in which 2 residents choose to share a unit. | 14 | | Sufficient common space shall exist to permit individual | 15 | | and group activities. | 16 | | "Assisted living establishment" or "establishment" does | 17 | | not mean any of the following: | 18 | | (1) A home, institution, or similar place operated by | 19 | | the federal government or the State of Illinois. | 20 | | (2) A long term care facility licensed under the | 21 | | Nursing Home Care Act, a facility licensed under the | 22 | | Specialized Mental Health Rehabilitation Act of 2013, a | 23 | | facility licensed under the ID/DD Community Care Act, or a | 24 | | facility licensed under the MC/DD Act. However, a facility | 25 | | licensed under any of those Acts may convert distinct | 26 | | parts of the facility to assisted living. If the facility |
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| 1 | | elects to do so, the facility shall retain the Certificate | 2 | | of Need for its nursing and sheltered care beds that were | 3 | | converted. | 4 | | (3) A hospital, sanitarium, or other institution, the | 5 | | principal activity or business of which is the diagnosis, | 6 | | care, and treatment of human illness and that is required | 7 | | to be licensed under the Hospital Licensing Act. | 8 | | (4) A facility for child care as defined in the Child | 9 | | Care Act of 1969. | 10 | | (5) A community living facility as defined in the | 11 | | Community Living Facilities Licensing Act. | 12 | | (6) A nursing home or sanitarium operated solely by | 13 | | and for persons who rely exclusively upon treatment by | 14 | | spiritual means through prayer in accordance with the | 15 | | creed or tenants of a well-recognized church or religious | 16 | | denomination. | 17 | | (7) A facility licensed by the Department of Human | 18 | | Services as a community-integrated living arrangement as | 19 | | defined in the Community-Integrated Living Arrangements | 20 | | Licensure and Certification Act. | 21 | | (8) A supportive residence licensed under the | 22 | | Supportive Residences Licensing Act. | 23 | | (9) The portion of a life care facility as defined in | 24 | | the Life Care Facilities Act not licensed as an assisted | 25 | | living establishment under this Act; a life care facility | 26 | | may apply under this Act to convert sections of the |
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| 1 | | community to assisted living. | 2 | | (10) A free-standing hospice facility licensed under | 3 | | the Hospice Program Licensing Act. | 4 | | (11) A shared housing establishment. | 5 | | (12) A supportive living facility as described in | 6 | | Section 5-5.01a of the Illinois Public Aid Code. | 7 | | "Department" means the Department of Public Health. | 8 | | "Director" means the Director of Public Health. | 9 | | "Emergency situation" means imminent danger of death or | 10 | | serious physical harm to a resident of an establishment. | 11 | | "Infection control committee" means persons, including an | 12 | | infection preventionist, who develop and implement policies | 13 | | governing control of infections and communicable diseases and | 14 | | are qualified through education, training, experience, or | 15 | | certification or a combination of such qualifications. | 16 | | "Infection preventionist" means a registered nurse who | 17 | | develops and implements policies governing control of | 18 | | infections and communicable diseases and is qualified through | 19 | | education, training, experience, or certification or a | 20 | | combination of such qualifications. | 21 | | "License" means any of the following types of licenses | 22 | | issued to an applicant or licensee by the Department: | 23 | | (1) "Probationary license" means a license issued to | 24 | | an applicant or licensee that has not held a license under | 25 | | this Act prior to its application or pursuant to a license | 26 | | transfer in accordance with Section 50 of this Act. |
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| 1 | | (2) "Regular license" means a license issued by the | 2 | | Department to an applicant or licensee that is in | 3 | | substantial compliance with this Act and any rules | 4 | | promulgated under this Act. | 5 | | "Licensee" means a person, agency, association, | 6 | | corporation, partnership, or organization that has been issued | 7 | | a license to operate an assisted living or shared housing | 8 | | establishment. | 9 | | "Licensed health care professional" means a registered | 10 | | professional nurse, an advanced practice registered nurse, a | 11 | | physician assistant, and a licensed practical nurse. | 12 | | "Mandatory services" include the following: | 13 | | (1) 3 meals per day available to the residents | 14 | | prepared by the establishment or an outside contractor; | 15 | | (2) housekeeping services including, but not limited | 16 | | to, vacuuming, dusting, and cleaning the resident's unit; | 17 | | (3) personal laundry and linen services available to | 18 | | the residents provided or arranged for by the | 19 | | establishment; | 20 | | (4) security provided 24 hours each day including, but | 21 | | not limited to, locked entrances or building or contract | 22 | | security personnel; | 23 | | (5) an emergency communication response system, which | 24 | | is a procedure in place 24 hours each day by which a | 25 | | resident can notify building management, an emergency | 26 | | response vendor, or others able to respond to his or her |
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| 1 | | need for assistance; and | 2 | | (6) assistance with activities of daily living as | 3 | | required by each resident. | 4 | | "Negotiated risk" is the process by which a resident, or | 5 | | his or her representative, may formally negotiate with | 6 | | providers what risks each are willing and unwilling to assume | 7 | | in service provision and the resident's living environment. | 8 | | The provider assures that the resident and the resident's | 9 | | representative, if any, are informed of the risks of these | 10 | | decisions and of the potential consequences of assuming these | 11 | | risks. | 12 | | "Owner" means the individual, partnership, corporation, | 13 | | association, or other person who owns an assisted living or | 14 | | shared housing establishment. In the event an assisted living | 15 | | or shared housing establishment is operated by a person who | 16 | | leases or manages the physical plant, which is owned by | 17 | | another person, "owner" means the person who operates the | 18 | | assisted living or shared housing establishment, except that | 19 | | if the person who owns the physical plant is an affiliate of | 20 | | the person who operates the assisted living or shared housing | 21 | | establishment and has significant control over the day to day | 22 | | operations of the assisted living or shared housing | 23 | | establishment, the person who owns the physical plant shall | 24 | | incur jointly and severally with the owner all liabilities | 25 | | imposed on an owner under this Act. | 26 | | "Physician" means a person licensed under the Medical |
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| 1 | | Practice Act of 1987 to practice medicine in all of its | 2 | | branches. | 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 9/75) | 2 | | Sec. 75. Residency requirements. | 3 | | (a) No individual shall be accepted for residency or | 4 | | remain in residence if the establishment cannot provide or | 5 | | secure appropriate services, if the individual requires a | 6 | | level of service or type of service for which the | 7 | | establishment is not licensed or which the establishment does | 8 | | not provide, or if the establishment does not have the staff | 9 | | appropriate in numbers and with appropriate skill to provide | 10 | | such services. | 11 | | (b) Only adults may be accepted for residency. | 12 | | (c) A person shall not be accepted for residency if: | 13 | | (1) the person poses a serious threat to himself or | 14 | | herself or to others; | 15 | | (2) the person is not able to communicate his or her | 16 | | needs and no resident representative residing in the | 17 | | establishment, and with a prior relationship to the | 18 | | person, has been appointed to direct the provision of | 19 | | services; | 20 | | (3) the person requires total assistance with 2 or | 21 | | more activities of daily living; | 22 | | (4) the person requires the assistance of more than | 23 | | one paid caregiver at any given time with an activity of | 24 | | daily living; | 25 | | (5) the person requires more than minimal assistance | 26 | | in moving to a safe area in an emergency; |
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| 1 | | (6) the person has a severe mental illness, which for | 2 | | the purposes of this Section means a condition that is | 3 | | characterized by the presence of a major mental disorder | 4 | | as classified in the Diagnostic and Statistical Manual of | 5 | | Mental Disorders, Fourth Edition (DSM-IV) (American | 6 | | Psychiatric Association, 1994), where the individual is a | 7 | | person with a substantial disability due to mental illness | 8 | | in the areas of self-maintenance, social functioning, | 9 | | activities of community living and work skills, and the | 10 | | disability specified is expected to be present for a | 11 | | period of not less than one year, but does not mean | 12 | | Alzheimer's disease and other forms of dementia based on | 13 | | organic or physical disorders; | 14 | | (7) the person requires intravenous therapy or | 15 | | intravenous feedings unless self-administered or | 16 | | administered by a qualified, licensed health care | 17 | | professional; | 18 | | (8) the person requires gastrostomy feedings unless | 19 | | self-administered or administered by a licensed health | 20 | | care professional; | 21 | | (9) the person requires insertion, sterile irrigation, | 22 | | and replacement of catheter, except for routine | 23 | | maintenance of urinary catheters, unless the catheter care | 24 | | is self-administered or administered by a licensed health | 25 | | care professional or a nurse in compliance with education, | 26 | | certification, and training in catheter care or infection |
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| 1 | | control by the Centers for Disease Control and Prevention | 2 | | with oversight from an infection preventionist or | 3 | | infection control committee ; | 4 | | (10) the person requires sterile wound care unless | 5 | | care is self-administered or administered by a licensed | 6 | | health care professional; | 7 | | (11) (blank); | 8 | | (12) the person is a diabetic requiring routine | 9 | | insulin injections unless the injections are | 10 | | self-administered or administered by a licensed health | 11 | | care professional; | 12 | | (13) the person requires treatment of stage 3 or stage | 13 | | 4 decubitus ulcers or exfoliative dermatitis; | 14 | | (14) the person requires 5 or more skilled nursing | 15 | | visits per week for conditions other than those listed in | 16 | | items (13) and (15) of this subsection for a period of 3 | 17 | | consecutive weeks or more except when the course of | 18 | | treatment is expected to extend beyond a 3 week period for | 19 | | rehabilitative purposes and is certified as temporary by a | 20 | | physician; or | 21 | | (15) other reasons prescribed by the Department by | 22 | | rule. | 23 | | (d) A resident with a condition listed in items (1) | 24 | | through (15) of subsection (c) shall have his or her residency | 25 | | terminated. | 26 | | (e) Residency shall be terminated when services available |
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| 1 | | to the resident in the establishment are no longer adequate to | 2 | | meet the needs of the resident. This provision shall not be | 3 | | interpreted as limiting the authority of the Department to | 4 | | require the residency termination of individuals. | 5 | | (f) Subsection (d) of this Section shall not apply to | 6 | | terminally ill residents who receive or would qualify for | 7 | | hospice care and such care is coordinated by a hospice program | 8 | | licensed under the Hospice Program Licensing Act or other | 9 | | licensed health care professional employed by a licensed home | 10 | | health agency and the establishment and all parties agree to | 11 | | the continued residency. | 12 | | (g) Items (3), (4), (5), and (9) of subsection (c) shall | 13 | | not apply to a quadriplegic, paraplegic, or individual with | 14 | | neuro-muscular diseases, such as muscular dystrophy and | 15 | | multiple sclerosis, or other chronic diseases and conditions | 16 | | as defined by rule if the individual is able to communicate his | 17 | | or her needs and does not require assistance with complex | 18 | | medical problems, and the establishment is able to accommodate | 19 | | the individual's needs. The Department shall prescribe rules | 20 | | pursuant to this Section that address special safety and | 21 | | service needs of these individuals. | 22 | | (h) For the purposes of items (7) through (10) of | 23 | | subsection (c), a licensed health care professional may not be | 24 | | employed by the owner or operator of the establishment, its | 25 | | parent entity, or any other entity with ownership common to | 26 | | either the owner or operator of the establishment or parent |
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| 1 | | entity, including but not limited to an affiliate of the owner | 2 | | or operator of the establishment. Nothing in this Section is | 3 | | meant to limit a resident's right to choose his or her health | 4 | | care provider. | 5 | | (i) Subsection (h) is not applicable to residents admitted | 6 | | to an assisted living establishment under a life care contract | 7 | | as defined in the Life Care Facilities Act if the life care | 8 | | facility has both an assisted living establishment and a | 9 | | skilled nursing facility. A licensed health care professional | 10 | | providing health-related or supportive services at a life care | 11 | | assisted living or shared housing establishment must be | 12 | | employed by an entity licensed by the Department under the | 13 | | Nursing Home Care Act or the Home Health, Home Services, and | 14 | | Home Nursing Agency Licensing Act. | 15 | | (Source: P.A. 103-444, eff. 1-1-24 .) | 16 | | (210 ILCS 9/76) | 17 | | Sec. 76. Vaccinations. | 18 | | (a) Before a prospective resident's admission to an | 19 | | assisted living establishment or shared housing establishment | 20 | | that does not provide medication administration as an optional | 21 | | service, the establishment shall advise the prospective | 22 | | resident to consult a physician to determine whether the | 23 | | prospective resident should obtain a vaccination against | 24 | | pneumococcal pneumonia or influenza, or both. | 25 | | (b) An assisted living establishment or shared housing |
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| 1 | | establishment that provides medication administration as an | 2 | | optional service shall annually administer or arrange for | 3 | | administration of a vaccination against influenza to each | 4 | | resident, in accordance with the recommendations of the | 5 | | Advisory Committee on Immunization Practices of the Centers | 6 | | for Disease Control and Prevention that are most recent to the | 7 | | time of vaccination, unless the vaccination is medically | 8 | | contraindicated or the resident has refused the vaccine. | 9 | | Influenza vaccinations for all residents age 65 or over shall | 10 | | be completed by November 30 of each year or as soon as | 11 | | practicable if vaccine supplies are not available before | 12 | | November 1. Residents admitted after November 30, during the | 13 | | flu season, and until February 1 shall, as medically | 14 | | appropriate, receive an influenza vaccination prior to or upon | 15 | | admission or as soon as practicable if vaccine supplies are | 16 | | not available at the time of the admission, unless the vaccine | 17 | | is medically contraindicated or the resident has refused the | 18 | | vaccine. In the event that the Advisory Committee on | 19 | | Immunization Practices of the Centers for Disease Control and | 20 | | Prevention determines that dates of administration other than | 21 | | those stated in this Section are optimal to protect the health | 22 | | of residents, the Department is authorized to adopt rules to | 23 | | require vaccinations at those times rather than the times | 24 | | stated in this Section. An establishment shall document in the | 25 | | resident's medication record that an annual vaccination | 26 | | against influenza was administered, arranged, refused, or |
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| 1 | | medically contraindicated. | 2 | | An assisted living establishment or shared housing | 3 | | establishment that provides medication administration as an | 4 | | optional service shall administer or arrange for | 5 | | administration of a pneumococcal vaccination to each resident | 6 | | who is age 65 or over, in accordance with the recommendations | 7 | | of the Advisory Committee on Immunization Practices of the | 8 | | Centers for Disease Control and Prevention, who has not | 9 | | received this immunization prior to or upon admission to the | 10 | | establishment, unless the resident refuses the offer for | 11 | | vaccination or the vaccination is medically contraindicated. | 12 | | An establishment shall document in each resident's medication | 13 | | record that a vaccination against pneumococcal pneumonia was | 14 | | offered and administered, arranged, refused, or medically | 15 | | contraindicated. | 16 | | An assisted living establishment or shared housing | 17 | | establishment that provides catheter care to one or more | 18 | | residents shall designate at least one person as an Infection | 19 | | Prevention and Control Professional to develop and implement | 20 | | policies governing control of infections and communicable | 21 | | diseases. The Infection Prevention and Control Professionals | 22 | | shall be qualified through education, training, experience, or | 23 | | certification or a combination of such qualifications. The | 24 | | Infection Prevention and Control Professional's qualifications | 25 | | shall be documented and shall be made available for inspection | 26 | | by the Department. The Department shall adopt rules to |
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| 1 | | implement the changes made by this amendatory Act of the 103rd | 2 | | General Assembly. | 3 | | (Source: P.A. 93-1003, eff. 8-23-04; 94-429, eff. 8-2-05.) | 4 | | Section 99. Effective date. This Act takes effect July 1, | 5 | | 2025. |
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