(210 ILCS 35/1) (from Ch. 111 1/2, par. 4181)
Sec. 1.
Purpose.
The purpose of this Act is to authorize the Department
of Public Health to license Community Living Facilities using standards
appropriate to this type of residential setting. The Community Living Facility
is a transitional residential setting which provides guidance, supervision,
training and other assistance to persons with a mild or moderate developmental
disability with the goal of eventually moving these persons into more
independent living arrangements. The Act authorizes the Department of Public
Health to establish minimum standards, rules and regulations consistent
with the philosophy and purpose of Community Living Facilities while insuring
the protection of residents' rights and general welfare.
(Source: P.A. 88-380.)
|
(210 ILCS 35/2) (from Ch. 111 1/2, par. 4182)
Sec. 2.
Short title.
This Act shall be known and may be cited as the
"Community Living
Facilities Licensing Act".
(Source: P.A. 82-567.)
|
(210 ILCS 35/3) (from Ch. 111 1/2, par. 4183)
Sec. 3.
Definitions.
As used in this Act, unless the context otherwise
requires, the terms defined in this Section have the meanings ascribed to them
herein.
(1) "Adult" means a person 18 years of age or older.
(2) "Applicant" means any person, agency, association, corporation,
partnership, or organization making application for a license.
(3) "Appropriate programming" means programming which meets each resident's
individual needs commensurate with his functioning level.
(4) "Community Living Facility" means a transitional residential setting
which provides guidance, supervision, training and other assistance to
ambulatory or mobile adults with a mild or moderate developmental disability
with the goal of eventually moving these persons to more independent living
arrangements. Residents are required to participate in day activities, such as
vocational training, sheltered workshops or regular employment. A Community
Living Facility shall not be a nursing or medical facility and shall house no
more than 20 residents, excluding staff.
(5) "Department" means the Department of Public Health.
(6) "Director" means the Director of the Department of Public Health.
(7) "Habilitation plan" means a written plan as defined in the "Mental
Health and Developmental Disabilities Code of 1979", as now or hereafter
amended.
(8) "License" means any of the following types of licenses issued to an
applicant or licensee by the Department:
(a) "Probationary license" means a license issued to | ||
| ||
(b) "Regular license" means a license issued to an | ||
| ||
(9) "Licensee" means a person, agency, association, corporation,
partnership, or organization which has been issued a license to operate a
Community Living Facility.
(10) "Owner" means the individual, partnership, corporation, association
or other person who owns a Community Living Facility. In the event a
Community Living Facility is operated by a person who leases the physical
plant, which is owned by another person, "owner" means the person who operates
the Community Living Facility, except that if the person who owns the physical
plant is an affiliate of the person who operates the Community Living Facility
and has significant control over the day-to-day operations of the Community
Living Facility, the person who owns the physical plant shall incur jointly and
severally with the owner all liabilities imposed on an owner under this Act.
(11) "Plan of correction" means a written plan submitted to the Department
for violation of this Act or of rules promulgated hereunder which are cited
by the Department. The plan shall describe the steps that will be taken
in order to bring the Community Living Facility into compliance and the
time-frame for completion of each step.
(12) "Qualified surveyor" means any individual or any governmental agency
designated by the Department to survey Community Living Facilities for
compliance with this Act and the rules and regulations promulgated under this
Act.
(13) "Resident" means a person residing in a Community Living Facility
pursuant to this Act.
(14) "Support services" means those services provided to residents in
order to facilitate their integration into the community and to improve
their level of functioning, independence and self-respect.
(Source: P.A. 88-380.)
|
(210 ILCS 35/4) (from Ch. 111 1/2, par. 4184)
Sec. 4.
Department's powers and duties.
The Director of the Department
shall establish a system of licensure for Community Living Facilities, in
accordance with this Act, for the purposes of:
(1) Protecting the health, welfare and safety of residents;
(2) Insuring the provision of appropriate programming and support services
for residents to promote their independence, personal growth, self-respect
and ability to function in a more independent living arrangement;
(3) Insuring that the sites selected for Community Living Facilities
enable residents to participate in community activities;
(4) Protecting residents' rights;
(5) Maintaining the integrity of communities by requiring regular monitoring
and inspection of Community Living Facilities; insuring that minimum program
and physical plant standards are maintained; and prohibiting the concentration
of Community Living Facilities in residential neighborhoods.
(Source: P.A. 82-567.)
|
(210 ILCS 35/5) (from Ch. 111 1/2, par. 4185)
Sec. 5.
Licensing standards.
The Department shall promulgate rules
and regulations establishing minimum standards for licensing of Community
Living Facilities. These rules shall regulate:
(1) The location of Community Living Facilities. These provisions shall
insure that the Community Living Facilities are in appropriate neighborhoods
and shall prohibit concentration of these housing programs in communities.
(2) The operation and conduct of Community Living Facilities.
(3) The general financial ability, competence, character and qualifications
of the applicant to provide appropriate care and comply with this Act.
(4) The appropriateness, safety, cleanliness and general adequacy of the
premises, including maintenance of adequate fire protection and health standards,
conforming to State laws and municipal codes, to provide for the physical
comfort, well-being, care and protection of the residents.
(5) The number, character, training and qualifications of personnel directly
responsible for the residents.
(6) Provisions for food, clothing, educational opportunities, social activities,
home furnishings and personal property to insure the healthy physical, emotional
and mental development of residents.
(7) Implementation of habilitation plans for each resident.
(8) Provisions for residents to receive appropriate programming and support
services commensurate with their individual needs, and to participate in
decisions regarding their use of programs and support services.
Such services should include educational opportunities, vocational training
and other day activities aimed at promoting independence and improving basic
living skills.
(9) Provisions and criteria for admission, discharge and transfers at
Community Living Facilities.
(10) Provisions specifying the role and responsibilities of residents
for upkeep of their rooms and the overall maintenance and care of the Community
Living Facilities. These provisions shall allow the residents to participate
in normal, daily activities
associated with community living.
(11) Provisions to insure that residents are notified of their legal rights,
as defined in the rules promulgated pursuant to subsection (12) of this
Section and to assist them in exercising these rights. Upon admission to
a Community Living Facility, residents shall be provided a copy of their
rights and related
rules, regulations and policies, and the name, address and telephone number
of the Guardianship and Advocacy Commission.
(12) Resident rights, which shall include, but need not be limited to,
those guaranteed by the "Mental Health and Developmental Disabilities Code", as
amended.
(13) Maintenance of records pertaining to the admission, habilitation,
and discharge of residents, and to the general operation of Community Living
Facilities.
(Source: P.A. 82-567.)
|
(210 ILCS 35/5.5) Sec. 5.5. Closed captioning required. A Community Living Facility licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a resident's room, or enable the closed captioning feature when requested to do so by a member of the general public or a resident, if the television includes a closed captioning feature. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the Community Living Facility's staff after such feature is enabled in a common area or in a resident's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a resident, or a member of the Community Living Facility's staff at the request of a resident of the Community Living Facility licensed under this Act. If a Community Living Facility licensed under this Act does not have a television in a common area that includes a closed captioning feature, then the Community Living Facility licensed under this Act must ensure that all televisions obtained for common areas after January 1, 2020 (the effective date of Public Act 101-116) include a closed captioning feature. This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law. Nothing in this Section shall apply to televisions that are privately owned by a resident or third party and not owned by the Community Living Facility. As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.
(Source: P.A. 101-116, eff. 1-1-20; 102-558, eff. 8-20-21.) |
(210 ILCS 35/5.10) Sec. 5.10. Community Living Facility employee assistance programs. A Community Living Facility shall ensure that licensed health care professionals employed by the Community Living Facility are aware of employee assistance programs or other like programs available for the physical and mental well-being of the employee. The Community Living Facility shall provide information on these programs, no less than at the time of employment and during any benefit open enrollment period, by an information form about the respective programs that a licensed health care professional must sign during onboarding at the Community Living Facility. The signed information form shall be added to the licensed health care professional's personnel file. The Community Living Facility may provide this information to licensed health care professionals electronically.
(Source: P.A. 102-1007, eff. 1-1-23.) |
(210 ILCS 35/6) (from Ch. 111 1/2, par. 4186)
Sec. 6.
Operation without a license.
(1) Any person, agency, association,
corporation, partnership, or organization which operates a Community Living
Facility without a valid license from the Department is guilty of a business
offense and shall be fined an amount in excess of $500 but not exceeding
$10,000, and each day of violation is a separate violation. If the Department
determines that a Community Living Facility is operating without a valid
license, it shall
report the results of its investigation to the Attorney General or to the
appropriate State's Attorney for prosecution.
(2) No State or federal funds which are appropriated by the General Assembly
or which pass through the General Revenue or any special fund in the State
Treasury shall be paid to a Community Living Facility not having a license
issued under this Act.
(Source: P.A. 82-567.)
|
(210 ILCS 35/7) (from Ch. 111 1/2, par. 4187)
Sec. 7.
Issuance of licenses.
All Community Living Facilities shall
be licensed by the Department. The procedures for obtaining a valid license
are as follows:
(1) Application for a license shall be made on forms provided and in the
manner prescribed by the Department. All applications shall be accompanied
by an application fee of $200.
(2) Upon receipt of an application filed in proper order, the Department
shall review the application and shall make an on-site evaluation of the
proposed Community Living Facility.
(3) The evaluation shall be conducted by a qualified surveyor representing
the Department. The Department may request that a representative from the
Department of Human Services accompany the Department's surveyor.
(4) The Department may request assistance or advice from other State and
local governmental or private entities in the inspection process, including,
but not limited to the Department of Human Services and the State Fire Marshal.
(5) If the Department has determined on the basis of available documentation
that the Community Living Facility is in substantial compliance with this Act
and rules and regulations promulgated under this Act, it shall issue a
probationary license. Such license shall be valid for a period not to exceed 6
months from the date of issuance. Within 30 days prior to the expiration of
the probationary license, a qualified surveyor representing the Department
shall conduct an on-site final evaluation. If, at the time of the final
evaluation the Community Living Facility is in substantial compliance with this
Act, the Department shall issue a regular license which replaces the
probationary license.
(6) As a condition of the issuance or renewal of a license, the applicant
or licensee shall file a statement of ownership, which shall be public
information
and which shall be available from the Department. The statement of ownership
shall include: the name, address, telephone number, occupation, or business
activity, business address and business telephone number of the person who
is the owner of the Community Living Facility and every person who owns
the building in which the Community Living Facility is located, if other
than the owner of the Community Living Facility; the name of every partner
and stockholder of the owner if the owner is a partnership or corporation;
and, the address of any facility, wherever located, any financial interest
in which is owned by the applicant or licensee, if the
facility were required to be licensed if it were located in this State.
(Source: P.A. 89-507, eff. 7-1-97.)
|
(210 ILCS 35/8) (from Ch. 111 1/2, par. 4188)
Sec. 8.
Departmental inspection.
(1) The Department may inspect the
records and premises of a Community Living Facility whenever the Department
determines appropriate.
(2) The Department shall investigate all reports of violation received
from any other governmental entity which also has monitoring responsibility
for Community Living Facilities.
(3) If the Department determines that a Community Living Facility is not
in compliance with this Act or the rules and regulations promulgated under
this Act, the Department shall promptly serve a notice of violation upon
the licensee. Each notice of violation shall be prepared in writing and
shall specify the nature of the violation, the statutory provision or rule
alleged to have been violated, and the requirement that the licensee submit
a plan of correction to the Department. The notice shall also inform the
licensee of any other action which the Department might take pursuant to
this Act and of his right to a hearing under subsection (1) of Section 12 of this Act.
(Source: P.A. 82-567.)
|
(210 ILCS 35/8.5) Sec. 8.5. Fire inspections; authority. (a) Per the requirements of Public Act 96-1141, on January 1, 2011 a report titled "Streamlined Auditing and Monitoring for Community Based Services: First Steps Toward a More Efficient System for Providers, State Government, and the Community" was provided for members of the General Assembly. The report, which was developed by a steering committee of community providers, trade associations, and designated representatives from the Departments of Children and Family Services, Healthcare and Family Services, Human Services, and Public Health, issued a series of recommendations, including recommended changes to Administrative Rules and Illinois statutes, on the categories of deemed status for accreditation, fiscal audits, centralized repository of information, Medicaid, technology, contracting, and streamlined monitoring procedures. It is the intent of the 97th General Assembly to pursue implementation of those recommendations that have been determined to require Acts of the General Assembly. (b) For facilities licensed under this Act, the Office of the State Fire Marshal shall provide the necessary fire inspection to comply with licensing requirements. The Office of the State Fire Marshal may enter into an agreement with another State agency to conduct this inspection if qualified personnel are employed by that agency. Code enforcement inspection of the facility by the local authority shall only occur if the local authority having jurisdiction enforces code requirements that are more stringent than those enforced by the State Fire Marshal. Nothing in this Section shall prohibit a local fire authority from conducting fire incident planning activities.
(Source: P.A. 97-321, eff. 8-12-11.) |
(210 ILCS 35/9) (from Ch. 111 1/2, par. 4189)
Sec. 9. Regular licenses.
(1) A regular license shall be valid for
a one-year period from the date of authorization. A license is not
transferable.
(2) Within 120 to 150 days prior to the date of expiration of the license,
the licensee shall apply to the Department for renewal of the license. The
procedure for renewing a valid license for a Community Living Facility shall
be the same as for applying for the initial license, pursuant to subsections
(1) through (4) of Section 7 of this Act. If the Department has determined
on the basis of available documentation that the Community Living Facility
is in substantial compliance with this Act and the rules promulgated under
this Act,
and has provided to the Department an accurate disclosure document in
accordance with the Alzheimer's Disease and Related Dementias Special Care Disclosure Act,
it shall renew the regular
license for another one-year period.
(3) Whenever ownership of a facility is transferred from the licensee to
any other person, agency, association, corporation, partnership, or
organization,
the transferee must obtain a new probationary license. The transferee
shall notify the Department of the transfer and apply for a new license
at least 30 days prior to final transfer. The requirement for an on-site
inspection in Section 7 may be waived if the Department has conducted a survey
of the Community Living Facility within the past 60 days and the survey
disclosed substantial compliance with this Act and rules and regulations
promulgated hereunder.
(Source: P.A. 98-756, eff. 7-16-14.)
|
(210 ILCS 35/10) (from Ch. 111 1/2, par. 4190)
Sec. 10.
Procedures for filing a complaint.
(1) Any person, agency,
association or governmental
body may file a complaint with the Department alleging that a Community
Living Facility is in violation of this Act or of the rules and regulations
promulgated pursuant to this Act.
(2) The Department may conduct an investigation in order to determine
if the Community Living Facility is in compliance. If, based on the results of
its investigation, the Department determines that the Community Living Facility
is not in compliance, it shall promptly serve a notice of violation upon
the licensee. Such notice of violation shall comply with the requirements
described in subsection (3) of Section 8 of this Act. The Department may
notify the complainant of its findings.
(3) The complaint, a copy of the complaint, or a record published, released
or otherwise disclosed to the Community Living Facility shall not disclose
the name of the complainant unless the complainant consents in writing to
the disclosure or the investigation results in a judicial proceeding, or
unless disclosure is essential to the investigation.
(4) A licensee or its agents shall not transfer, discharge, evict, harass,
dismiss, or retaliate against a resident or an employee or agent who files
a complaint under this Section 10 or who testifies under Section 12 of this
Act because of the complaint or testimony.
(5) Any person participating in good faith in the making of a complaint,
or in the investigation of such a complaint shall not be deemed to have violated
any privileged communication and shall have immunity from any liability,
civil, criminal or that otherwise might result as a consequence of making
such a complaint. The good faith of any persons making a complaint or participating
in the investigation of such a complaint shall be presumed.
(6) The owner and licensee are liable to a resident for any intentional
or negligent act or omission of their agents or employees which injures
the resident. In addition, the licensee shall pay actual damages, or $500,
whichever is greater, and costs and attorney's fees to a resident whose
rights under this Act or under rules and regulations promulgated hereunder are violated.
(Source: P.A. 82-567.)
|
(210 ILCS 35/11) (from Ch. 111 1/2, par. 4191)
Sec. 11. Grounds for denial or revocation of a license. The Department
may deny or begin proceedings to revoke a license if the applicant or licensee
has been convicted of a felony or 2 or more misdemeanors involving moral
turpitude, as shown by a certified copy of the court of conviction; if the
Department determines after investigation that such person has not been
sufficiently rehabilitated to warrant the public trust; or upon other satisfactory
evidence that the moral
character of the applicant or licensee is not reputable. In addition, the
Department may deny or begin proceedings to revoke a license at any time
if the licensee:
(1) Submits false information either on Department | ||
| ||
(2) Refuses to allow an inspection to occur;
(3) Violates this Act or rules and regulations | ||
| ||
(4) Violates the rights of its residents;
(5) Fails to submit or implement a plan of correction | ||
| ||
(6) Fails to submit a workplace violence prevention | ||
| ||
(Source: P.A. 94-347, eff. 7-28-05.)
|
(210 ILCS 35/12) (from Ch. 111 1/2, par. 4192)
Sec. 12.
Right to hearing.
(1) No license may be denied or revoked
unless the applicant or licensee is given written notice of the grounds
for the Department's action. The applicant or licensee may appeal the Department's
proposed action within 15 days after receipt of the Department's written
notice by making written request to the Department for a hearing. Notice
of the time, place, and nature of the hearing shall be given to the applicant
or licensee not less than 2 weeks prior to the date of the hearing. The
hearing shall proceed, and the notice shall be delivered, in accordance
with "The Illinois Administrative Procedure Act", approved September 22,
1975, as now or hereafter amended. The Director may appoint a hearing examiner
to preside at any administrative hearing under this Act.
(2) If the applicant or licensee does not submit a request for a hearing
as provided for in this Section, or if after conducting the hearing the
Department determines that the license should not be issued, or that the
license should be revoked or denied, the Department shall issue an order
to that effect. If the order is to revoke the license, it shall
specify that the order takes effect upon receipt by the licensee, and that
the Community Living Facility shall not operate during the pendency of any
proceeding for judicial review of the Department's decision, except under court order.
(3) Final administrative decisions shall be subject to judicial
review exclusively as provided in the Administrative Review Law, as now
or hereafter amended, except that any petition for judicial review of Department
action under this Act shall be filed within 15 days after receipt of notice
of the final agency determination. The term "administrative
decision" has the meaning ascribed to it in Section 3-101 of the Code of
Civil Procedure. The court may
stay enforcement of the Department's final decision
if a showing is made that there is a substantial probability that the party
seeking review will prevail on the merits and will suffer irreparable harm
if the stay is not granted, and that the facility will meet the requirements
of this Act and the rules and regulations promulgated under this Act during such stay.
(4) The Director or hearing officer may compel by subpoena or subpoena
duces tecum the attendance and testimony of witnesses and the production
of books and papers, and administer oaths to witnesses.
All subpoenas issued by the Director or hearing officer may be served as
provided for in civil actions. The fees of witnesses for attendance and
travel shall be the same as the fees for witnesses before the circuit court
and shall be paid by the party to such proceeding at whose request the subpoena
is issued. If such subpoena is issued at the request of the Department or
by a person proceeding in forma pauperis the witness fee shall be paid by
the Department as an administrative expense.
(Source: P.A. 82-783.)
|
(210 ILCS 35/13) (from Ch. 111 1/2, par. 4193)
Sec. 13.
Grounds for immediate closure.
Any situation that exists at
a Community Living Facility which may result in serious mental, psychological
or physical harm to residents shall be abated or eliminated immediately.
If the Department determines that such a situation exists and that proper
measures to remedy the situation are not being taken, it shall immediately
issue an order of closure and withdraw the residents and, with assistance
from the Department of Human Services, place them in another residential
setting prior to a hearing.
Any such action by the Department shall be included in the evidence presented
at the hearing. At the time of such action the Department shall begin license
revocation proceedings, and the licensee shall retain the right to a hearing as
described in Section 12.
(Source: P.A. 89-507, eff. 7-1-97.)
|
(210 ILCS 35/14) (from Ch. 111 1/2, par. 4194)
Sec. 14.
Closure of a Community Living Facility.
If, at any time, a
licensee determines that he will terminate the operation of a Community
Living Facility which is licensed pursuant to this Act, he shall notify
the Department of this decision at least 60 days prior to the date of closure.
When the Department is notified of a pending closure of a Community Living
Facility, it shall immediately contact the Department of Human Services for
assistance in identifying other appropriate
residential settings. The Department shall review these options with the
residents before making the transfer.
(Source: P.A. 89-507, eff. 7-1-97.)
|
(210 ILCS 35/15) (from Ch. 111 1/2, par. 4195)
Sec. 15.
Injunction.
The operation or maintenance of a Community Living
Facility in violation of this Act, or of rules and regulations promulgated
under this Act, is declared a public nuisance inimical to the public welfare.
The Director in the name of the people of the State, through the Attorney
General, or the State's Attorney of the county in which the facility is
located, may, in addition to other remedies herein provided, bring action
for an injunction to restrain such violation or to enjoin the future operation
or maintenance of any such Community Living Facility.
(Source: P.A. 82-567.)
|
(210 ILCS 35/16) (from Ch. 111 1/2, par. 4196)
Sec. 16.
Savings Provision.
Nothing in this Act shall be construed
to affect the outcome of any actions pending before or on the effective
date of this Act.
(Source: P.A. 82-567.)
|
(210 ILCS 35/18) (from Ch. 111 1/2, par. 4197)
Sec. 18.
Community Living Facilities currently licensed or having made
application. Community Living Facilities currently operating with licenses
issued under the "Nursing Home Care Act", approved August 23, 1979, as amended,
or having made application to the Department for licenses as of March 31, 1982,
under the "Nursing Home Care Act" or under this Act shall be issued
probationary licenses when this Act becomes effective and shall be eligible for
licensure as a Community Living Facility as defined under Section 3 of this
Act, except that such facilities shall not be limited to 20 residents as
provided under Section 3. Such facilities shall be limited to those number of
beds above 20, not to exceed 80, licensed or applied for within the year
immediately preceding March 31, 1982. In addition, any facility otherwise
meeting the definition of a Community Living Facility in Section 3 of this Act
which was licensed and was serving adults with a severe and profound
developmental disability as well as adults with a mild or moderate
developmental disability as of January 1, 1986, may continue to provide
services to these adults with severe and profound developmental disabilities,
provided that such facility complies with any special conditions which may be
set by the Department for such services.
(Source: P.A. 88-380.)
|