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90_SB0743
New Act
20 ILCS 3960/3 from Ch. 111 1/2, par. 1153
210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113
Creates the Assisted Living Establishment Act to require
the registration of assisted living establishments with the
Department on Aging. Provides that an assisted living
establishment must execute a written contract with each
tenant or his or her representative. Authorizes the
Department to oversee and coordinate the enforcement of State
consumer protection policies affecting tenants of assisted
living establishments. Provides for the creation of an
Assisted Living Advisory Commission to assist the Department
with registration and disciplinary actions. Amends the
Illinois Health Facilities Planning Act and the Nursing Home
Care Act to exempt assisted living establishments from the
licensing requirements of those Acts. Effective January 1,
1998.
LRB9000385DPccC
LRB9000385DPccC
1 AN ACT to create the Assisted Living Establishment Act,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Assisted Living Establishment Act.
7 Section 3. Legislative purpose. The purpose of this Act
8 is to promote the availability of appropriate services for
9 elderly persons in the least restrictive and most homelike
10 environment; to encourage the development of assisted living
11 that promotes the dignity, individuality, privacy, and
12 decision-making ability of those persons; to provide for the
13 health, safety, and welfare of residents receiving assisted
14 living services in this State; to promote continuous quality
15 improvement of assisted living; and to encourage the
16 development of innovative and affordable assisted living
17 establishments.
18 It is the public policy of this State that assisted
19 living is an important part of the continuum of long-term
20 care in this State. In support of the goal of aging in place,
21 assisted living should be operated as residential
22 environments with supportive services. The services available
23 to residents, either directly or through contracts or
24 agreements, are intended to help residents remain as
25 independent as possible. Oversight of assisted living
26 establishments must be sufficiently flexible to allow
27 residents to age in place.
28 Section 5. Definitions. For purposes of this Act:
29 (a) "Assisted living establishment" or "establishment"
30 means a home, building, residence, or any other place where
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1 the services described below are provided:
2 (1) community-based residential care, including
3 housing and personal and health-related services, to
4 persons who need help with activities of daily living;
5 (2) supportive and intermittent health-related
6 services that are available 24 hours per day, if needed,
7 to meet scheduled and unscheduled needs of a tenant, in a
8 way that promotes self-direction and participation in
9 decisions that emphasize independence, individuality,
10 privacy, and dignity in a residential surrounding;
11 (3) sleeping accommodations for 3 or more unrelated
12 adult tenants, at least 80 percent of which are 55 years
13 of age or older; and
14 (4) all Group 1 services and one or more Group 2
15 services, whether provided directly by the establishment
16 or by another entity arranged for by the establishment
17 with the consent of the tenant or tenant's
18 representative.
19 An "assisted living establishment" or "establishment" also
20 means a home, building, residence, or any other place that
21 provides the services of items (1) through (4) of this
22 paragraph, and, in addition, any Group 3 services.
23 "Assisted living establishment" or "establishment" does
24 not mean:
25 (1) a home, institution, or similar place operated
26 by the federal government or the State of Illinois;
27 (2) a "long term care facility" licensed under the
28 Nursing Home Care Act. However, a long term care facility
29 may apply under this Act to convert sections of the
30 facility to assisted living. If the long term care
31 facility elects to do so, the facility retains the
32 Certificate of Need for its nursing beds that were
33 converted;
34 (3) a hospital, sanitarium, or other institution,
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1 the principal activity or business of which is the
2 diagnosis, care, and treatment of human illness and that
3 is required to be licensed under the Hospital Licensing
4 Act;
5 (4) a "facility for child care" as defined in the
6 Child Care Act of 1969;
7 (5) a "community living facility" as defined in the
8 Community Living Facilities Licensing Act;
9 (6) a "community residential alternative" as
10 defined in the Community Residential Alternatives
11 Licensing Act;
12 (7) 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 (8) a facility licensed by the Department of Human
18 Services as a "community-integrated living arrangement"
19 as defined in the Community-Integrated Living
20 Arrangements Licensure and Certification Act;
21 (9) a "supportive residence" licensed under the
22 Supportive Residences Licensing Act;
23 (10) a "life care facility" as defined in the Life
24 Care Facilities Act; and
25 (11) a freestanding hospice facility.
26 (b) "Department" means the Department on Aging.
27 (c) "Director" means the Director of the Department on
28 Aging.
29 (d) "Group 1 services" include the following:
30 (1) meals provided in a dining room or the
31 tenant's own room and prepared by the establishment or
32 an outside contractor;
33 (2) housekeeping services, including but not
34 limited to vacuuming, dusting, and cleaning the kitchen
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1 and bathrooms of the tenant's unit;
2 (3) security provided 24 hours each day including
3 but not limited to locked entrances or building or
4 contract security personnel.
5 (4) an emergency communication response system,
6 which is a procedure in place 24 hours each day by which
7 a tenant can notify building management, an emergency
8 response vendor, or others able to respond to his or her
9 need for assistance.
10 (e) "Group 2 services" include the following:
11 (1) personal care, including one or more of the
12 following: assistance with bathing, dressing, grooming,
13 ambulating, toileting, transferring, meal planning, and
14 personal laundry;
15 (2) medication management, including one or more of
16 the following: reminders to take medication, monitoring
17 of tenant medications, storage of medications, and
18 assisting tenants with medications set up by a family
19 member or nurse;
20 (3) intermittent health services, including one or
21 more of the following: medication administration,
22 dressing changes, catheter care, therapies, and other
23 medical, nursing, or rehabilitative care provided by
24 personnel licensed under the Home Health Agency Licensing
25 Act and by the Department of Professional Regulation.
26 (f) "Group 3 services" include the following:
27 (1) transportation, including but not limited to
28 car or van service for shopping and medical appointments;
29 (2) a health assessment, which is a health history,
30 physical examination, risk profile, or screening by
31 licensed health care personnel;
32 (3) counseling for health, social services,
33 nutrition by licensed personnel;
34 (4) social or educational activities, including but
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1 not limited to trips, classes, lectures, and parties in
2 or outside the establishment.
3 (g) "Tenant" means a person residing in an assisted
4 living establishment.
5 Section 10. Registration requirement. No entity may
6 establish, operate, conduct, or maintain an assisted living
7 establishment in this State without a certificate of
8 registration issued by the Department under this Act. An
9 entity that violates the registration requirement of this
10 Section shall be subject to corrective action as established
11 by rule of the Department.
12 Section 15. Registration procedures.
13 (a) The Department shall establish forms and procedures
14 for the annual registration of assisted living
15 establishments. The Department shall set nonrefundable
16 registration fees in consultation with the Assisted Living
17 Advisory Commission. A registered establishment shall notify
18 the Department within 30 days of any change in the business
19 name or address of the establishment, the name or mailing
20 address of the owner or owners, or the name or mailing
21 address of the managing agent. There shall be no fee for the
22 submission of any such notification.
23 An establishment shall provide the following information
24 to the Department to be registered:
25 (1) the business name, street address, mailing
26 address, and telephone number of the establishment;
27 (2) the name and mailing address of the owner or
28 owners of the establishment and if the owner or owners
29 are not natural persons, identification of the type of
30 business entity of the owners, and the names and
31 addresses of the officers and members of the governing
32 body, or comparable persons for partnerships, limited
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1 liability corporations, or other types of business
2 organizations;
3 (3) the name and mailing address of the managing
4 agent of the establishment, whether hired under a
5 management agreement or lease agreement, if different
6 from the owner or owners, and the name of the on-site
7 manager, if any;
8 (4) verification that the establishment has entered
9 into an assisted living establishment contract, as
10 required under this Act, with each tenant or tenant's
11 representative;
12 (5) the name and address of at least one natural
13 person who shall be responsible for dealing with the
14 Department on all matters provided for in this Act, on
15 whom personal service of all notices and orders shall be
16 made, and who shall be authorized to accept service on
17 behalf of the owner or owners and the managing agent.
18 Notwithstanding a contrary provision of the Code of Civil
19 Procedure, personal service on the persons identified
20 pursuant to this subsection shall be considered service
21 on the owner or owners and the managing agent, and it
22 shall not be a defense to any action that personal
23 service was not made on each individual or entity;
24 (6) the signature of the authorized representative
25 of the owner or owners;
26 (7) proof of an ongoing quality assurance program
27 in accordance with rules adopted by the Department in
28 collaboration with the Assisted Living Advisory
29 Commission;
30 (8) information about the number and types of
31 units, the maximum census, and the services to be
32 provided at the establishment and proof of compliance
33 with applicable State service standards, documentation of
34 compliance with applicable State and local residential
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1 standards, and a copy of the standard contract offered to
2 tenants; and
3 (9) documentation of adequate liability insurance.
4 Section 20. Issuance of certificate of registration.
5 The Department shall issue a certificate of registration to
6 an applicant who has met the requirements of Section 15 and
7 has paid the required application fee.
8 Section 25. Contract requirement. No entity may
9 establish, operate, conduct, or maintain an assisted living
10 establishment in this State unless a written assisted living
11 contract is executed between the establishment and each
12 tenant or tenant's representative in accordance with Section
13 30, and unless the establishment operates in accordance with
14 the terms of the contract. A tenant or the tenant's
15 representative shall be given a complete copy of the contract
16 and all supporting documents and attachments and any changes
17 whenever changes are made.
18 Section 30. Contents of contract. An assisted living
19 contract shall include at least the following elements in the
20 body or through supporting documents or attachments:
21 (1) the name, street address, and mailing address
22 of the establishment;
23 (2) the name and mailing address of the owner or
24 owners of the establishment and, if the owner or owners
25 are not natural persons, the type of business entity of
26 the owner or owners;
27 (3) the name and mailing address of the managing
28 agent of the establishment, whether hired under a
29 management agreement or lease agreement, if the managing
30 agent is different from the owner or owners;
31 (4) the name and address of at least one natural
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1 person who is authorized to accept service on behalf of
2 the owners and managing agent;
3 (5) a statement describing the registration status
4 of the establishment and the licensure status of a
5 provider of health-related or supportive services to a
6 tenant under an arrangement with the establishment;
7 (6) the duration of the contract;
8 (7) the base rate to be paid by the tenant and a
9 description of the services to be provided as part of
10 this rate;
11 (8) a description of any additional services to be
12 provided for an additional fee from the establishment
13 directly or by a third party provider under an
14 arrangement with the establishment;
15 (9) fee schedules outlining the cost of any
16 additional services;
17 (10) a description of the process through which the
18 contract may be modified, amended, or terminated;
19 (11) a description of the establishment's complaint
20 resolution process available to tenants and notice of the
21 availability of the Department's Senior Helpline for
22 complaints;
23 (12) the tenant's designated representative, if
24 any;
25 (13) the tenant's obligations in order to maintain
26 residency and to receive services;
27 (14) billing and payment procedures and
28 requirements;
29 (15) a statement affirming the tenant's freedom to
30 receive services from service providers with whom the
31 establishment does not have a contractual arrangement.
32 The statement may also disclaim liability on the part of
33 the assisted living establishment for such services;
34 (16) a statement regarding the availability of
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1 public funds for payment for services rendered under an
2 assisted living contract; and
3 (17) a statement acknowledging that, by contracting
4 with the assisted living establishment, the tenant does
5 not forfeit the following rights:
6 (a) federal and State constitutional rights;
7 (b) the right to retain and use personal
8 property and a place to store personal items that is
9 locked and secure;
10 (c) the right to refuse services and to be
11 advised of the consequences of that refusal;
12 (d) the right to respect for bodily privacy
13 and dignity at all times, especially during care and
14 treatment;
15 (e) the right to privacy with regard to mail,
16 phone calls, and visitors;
17 (f) the right to be free of retaliation for
18 criticizing the establishment or for making
19 complaints to appropriate agencies;
20 (g) the right to be free of restraints;
21 (h) the right to be free of abuse or neglect;
22 (i) the right to confidentiality of the
23 tenant's personal files maintained by the
24 establishment;
25 (j) the right of access and the right to copy
26 the tenant's personal files maintained by the
27 establishment; and
28 (k) the right to 24-hour access to the
29 establishment.
30 Section 35. Record retention. Assisted living contracts
31 and related documents executed by each tenant or tenant's
32 representative shall be maintained by the establishment in
33 files from the date of execution until 3 years after the
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1 contract is terminated. The establishment shall also
2 maintain and retain records to tenants to support compliance
3 with individual contracts and with applicable State and
4 federal laws and regulations.
5 Section 40. Powers and duties of the Director.
6 (a) Upon receipt of information that may indicate the
7 failure of the assisted living establishment, a tenant, a
8 tenant's representative, or a service provider to comply with
9 a provision of this Act, the Department may investigate the
10 matter and must obtain the signed consent of an individual
11 tenant before his or her individual tenant records may be
12 inspected, and shall make appropriate referrals to other
13 government agencies and entities having jurisdiction over the
14 subject matter of the possible violation. The Department may
15 also make referrals to any public or private agency that the
16 Department considers available for appropriate assistance to
17 persons involved. The Department may oversee and coordinate
18 the enforcement of State consumer protection policies
19 affecting tenants of assisted living establishments.
20 (b) The Director shall have standing to bring an action
21 for injunctive relief in the circuit court where an
22 establishment is located to compel the assisted living
23 establishment to meet the requirements of this Act or other
24 applicable State, county, or local requirements. Proceedings
25 for securing an injunction may be brought by the Director
26 through the Attorney General of the State of Illinois or the
27 State's Attorney of the county in which the alleged violation
28 occurred. The sanctions in this Section do not restrict the
29 availability of other sanctions.
30 (c) The Department shall establish by rule complaint
31 receipt, resolution, and appeal procedures.
32 (d) The Director shall establish an Assisted Living
33 Advisory Commission that shall be responsible for
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1 establishing registration fees and sanctions for
2 noncompliance with this Act. Members of the Commission shall
3 include users of assisted living services.
4 Section 45. Application of Act. An assisted living
5 establishment shall obtain and maintain all other licenses,
6 permits, certificates of registration, and other governmental
7 approvals required of it in addition to registration under
8 this Act, except that an assisted living establishment is
9 exempt from the provisions of the Illinois Health Facilities
10 Planning Act and the Nursing Home Care Act. An assisted
11 living establishment shall comply with the requirements of
12 all local, State, federal, and other applicable laws,
13 statutes, regulations, and ordinances.
14 Section 80. The Illinois Health Facilities Planning Act
15 is amended by changing Section 3 as follows:
16 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
17 Sec. 3. As used in this Act:
18 "Health care facilities" means and includes the following
19 facilities and organizations:
20 1. An ambulatory surgical treatment center required
21 to be licensed pursuant to the Ambulatory Surgical
22 Treatment Center Act;
23 2. An institution, place, building, or agency
24 required to be licensed pursuant to the Hospital
25 Licensing Act;
26 3. Any institution required to be licensed pursuant
27 to the Nursing Home Care Act;
28 4. Hospitals, nursing homes, ambulatory surgical
29 treatment centers, or kidney disease treatment centers
30 maintained by the State or any department or agency
31 thereof; and
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1 5. Kidney disease treatment centers, including a
2 free-standing hemodialysis unit.
3 No federally owned facility shall be subject to the
4 provisions of this Act, nor facilities used solely for
5 healing by prayer or spiritual means.
6 No facility licensed under the Supportive Residences
7 Licensing Act or registered under the Assisted Living
8 Establishment Act shall be subject to the provisions of this
9 Act.
10 A facility designated as a supportive living facility
11 that is in good standing with the demonstration project
12 established under Section 5-5.01a of the Illinois Public Aid
13 Code shall not be subject to the provisions of this Act.
14 This Act does not apply to facilities granted waivers
15 under Section 3-102.2 of the Nursing Home Care Act. However,
16 if a demonstration project under that Act applies for a
17 certificate of need to convert to a nursing facility, it
18 shall meet the licensure and certificate of need requirements
19 in effect as of the date of application.
20 With the exception of those health care facilities
21 specifically included in this Section, nothing in this Act
22 shall be intended to include facilities operated as a part of
23 the practice of a physician or other licensed health care
24 professional, whether practicing in his individual capacity
25 or within the legal structure of any partnership, medical or
26 professional corporation, or unincorporated medical or
27 professional group. Further, this Act shall not apply to
28 physicians or other licensed health care professional's
29 practices where such practices are carried out in a portion
30 of a health care facility under contract with such health
31 care facility by a physician or by other licensed health care
32 professionals, whether practicing in his individual capacity
33 or within the legal structure of any partnership, medical or
34 professional corporation, or unincorporated medical or
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1 professional groups. This Act shall apply to construction or
2 modification and to establishment by such health care
3 facility of such contracted portion which is subject to
4 facility licensing requirements, irrespective of the party
5 responsible for such action or attendant financial
6 obligation.
7 "Person" means any one or more natural persons, legal
8 entities, governmental bodies other than federal, or any
9 combination thereof.
10 "Consumer" means any person other than a person (a) whose
11 major occupation currently involves or whose official
12 capacity within the last 12 months has involved the
13 providing, administering or financing of any type of health
14 care facility, (b) who is engaged in health research or the
15 teaching of health, (c) who has a material financial interest
16 in any activity which involves the providing, administering
17 or financing of any type of health care facility, or (d) who
18 is or ever has been a member of the immediate family of the
19 person defined by (a), (b), or (c).
20 "State Board" means the Health Facilities Planning Board.
21 "Construction or modification" means the establishment,
22 erection, building, alteration, reconstruction,
23 modernization, improvement, extension, discontinuation,
24 change of ownership, of or by a health care facility, or the
25 purchase or acquisition by or through a health care facility
26 of equipment or service for diagnostic or therapeutic
27 purposes or for facility administration or operation, or any
28 capital expenditure made by or on behalf of a health care
29 facility which exceeds the capital expenditure minimum.
30 "Establish" means the construction of a health care
31 facility or the replacement of an existing facility on
32 another site.
33 "Major medical equipment" means medical equipment which
34 is used for the provision of medical and other health
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1 services and which costs in excess of the capital expenditure
2 minimum, except that such term does not include medical
3 equipment acquired by or on behalf of a clinical laboratory
4 to provide clinical laboratory services if the clinical
5 laboratory is independent of a physician's office and a
6 hospital and it has been determined under Title XVIII of the
7 Social Security Act to meet the requirements of paragraphs
8 (10) and (11) of Section 1861(s) of such Act. In determining
9 whether medical equipment has a value in excess of the
10 capital expenditure minimum, the value of studies, surveys,
11 designs, plans, working drawings, specifications, and other
12 activities essential to the acquisition of such equipment
13 shall be included.
14 "Capital Expenditure" means an expenditure: (A) made by
15 or on behalf of a health care facility (as such a facility is
16 defined in this Act); and (B) which under generally accepted
17 accounting principles is not properly chargeable as an
18 expense of operation and maintenance, or is made to obtain by
19 lease or comparable arrangement any facility or part thereof
20 or any equipment for a facility or part; and which exceeds
21 the capital expenditure minimum.
22 For the purpose of this paragraph, the cost of any
23 studies, surveys, designs, plans, working drawings,
24 specifications, and other activities essential to the
25 acquisition, improvement, expansion, or replacement of any
26 plant or equipment with respect to which an expenditure is
27 made shall be included in determining if such expenditure
28 exceeds the capital expenditures minimum. Donations of
29 equipment or facilities to a health care facility which if
30 acquired directly by such facility would be subject to review
31 under this Act shall be considered capital expenditures, and
32 a transfer of equipment or facilities for less than fair
33 market value shall be considered a capital expenditure for
34 purposes of this Act if a transfer of the equipment or
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1 facilities at fair market value would be subject to review.
2 "Capital expenditure minimum" means $1,000,000 for major
3 medical equipment and $2,000,000 for all other capital
4 expenditures, both of which shall be annually adjusted to
5 reflect the increase in construction costs due to inflation.
6 "Areawide" means a major area of the State delineated on
7 a geographic, demographic, and functional basis for health
8 planning and for health service and having within it one or
9 more local areas for health planning and health service. The
10 term "region", as contrasted with the term "subregion", and
11 the word "area" may be used synonymously with the term
12 "areawide".
13 "Local" means a subarea of a delineated major area that
14 on a geographic, demographic, and functional basis may be
15 considered to be part of such major area. The term
16 "subregion" may be used synonymously with the term "local".
17 "Areawide health planning organization" or "Comprehensive
18 health planning organization" means the health systems agency
19 designated by the Secretary, Department of Health and Human
20 Services or any successor agency.
21 "Local health planning organization" means those local
22 health planning organizations that are designated as such by
23 the areawide health planning organization of the appropriate
24 area.
25 "Physician" means a person licensed to practice in
26 accordance with the Medical Practice Act of 1987, as amended.
27 "Licensed health care professional" means a person
28 licensed to practice a health profession under pertinent
29 licensing statutes of the State of Illinois.
30 "Director" means the Director of the Illinois Department
31 of Public Health.
32 "Agency" means the Illinois Department of Public Health.
33 "Comprehensive health planning" means health planning
34 concerned with the total population and all health and
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1 associated problems that affect the well-being of people and
2 that encompasses health services, health manpower, and health
3 facilities; and the coordination among these and with those
4 social, economic, and environmental factors that affect
5 health.
6 "Alternative health care model" means a facility or
7 program authorized under the Alternative Health Care Delivery
8 Act.
9 (Source: P.A. 88-18; 89-499, eff. 6-28-96; 89-530, eff.
10 7-19-96; revised 8-15-96.)
11 Section 85. The Nursing Home Care Act is amended by
12 changing Section 1-113 as follows:
13 (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
14 (Text of Section before amendment by P.A. 89-507)
15 Sec. 1-113. "Facility" or "long-term care facility"
16 means a private home, institution, building, residence, or
17 any other place, whether operated for profit or not, or a
18 county home for the infirm and chronically ill operated
19 pursuant to Division 5-21 or 5-22 of the Counties Code, or
20 any similar institution operated by a political subdivision
21 of the State of Illinois, which provides, through its
22 ownership or management, personal care, sheltered care or
23 nursing for 3 or more persons, not related to the applicant
24 or owner by blood or marriage. It includes skilled nursing
25 facilities and intermediate care facilities as those terms
26 are defined in Title XVIII and Title XIX of the Federal
27 Social Security Act.
28 "Facility" does not include the following:
29 (1) A home, institution, or other place operated by the
30 federal government or agency thereof, or by the State of
31 Illinois;
32 (2) A hospital, sanitarium, or other institution whose
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1 principal activity or business is the diagnosis, care, and
2 treatment of human illness through the maintenance and
3 operation as organized facilities therefor, which is required
4 to be licensed under the Hospital Licensing Act;
5 (3) Any "facility for child care" as defined in the
6 Child Care Act of 1969;
7 (4) Any "Community Living Facility" as defined in the
8 Community Living Facilities Licensing Act;
9 (5) Any "community residential alternative" as defined
10 in the Community Residential Alternatives Licensing Act;
11 (6) Any nursing home or sanatorium operated solely by
12 and for persons who rely exclusively upon treatment by
13 spiritual means through prayer, in accordance with the creed
14 or tenets of any well-recognized church or religious
15 denomination. However, such nursing home or sanatorium shall
16 comply with all local laws and rules relating to sanitation
17 and safety;
18 (7) Any facility licensed by the Department of Mental
19 Health and Developmental Disabilities as a
20 community-integrated living arrangement as defined in the
21 Community-Integrated Living Arrangements Licensure and
22 Certification Act;
23 (8) Any "Supportive Residence" licensed under the
24 Supportive Residences Licensing Act; or
25 (9) Any "supportive living facility" in good standing
26 with the demonstration project established under Section
27 5-5.01a of the Illinois Public Aid Code; and .
28 (10) An assisted living establishment registered under
29 the Assisted Living Establishment Act.
30 (Source: P.A. 89-499, eff. 6-28-96; revised 8-26-96.)
31 (Text of Section after amendment by P.A. 89-507)
32 Sec. 1-113. "Facility" or "long-term care facility"
33 means a private home, institution, building, residence, or
34 any other place, whether operated for profit or not, or a
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1 county home for the infirm and chronically ill operated
2 pursuant to Division 5-21 or 5-22 of the Counties Code, or
3 any similar institution operated by a political subdivision
4 of the State of Illinois, which provides, through its
5 ownership or management, personal care, sheltered care or
6 nursing for 3 or more persons, not related to the applicant
7 or owner by blood or marriage. It includes skilled nursing
8 facilities and intermediate care facilities as those terms
9 are defined in Title XVIII and Title XIX of the Federal
10 Social Security Act.
11 "Facility" does not include the following:
12 (1) A home, institution, or other place operated by the
13 federal government or agency thereof, or by the State of
14 Illinois;
15 (2) A hospital, sanitarium, or other institution whose
16 principal activity or business is the diagnosis, care, and
17 treatment of human illness through the maintenance and
18 operation as organized facilities therefor, which is required
19 to be licensed under the Hospital Licensing Act;
20 (3) Any "facility for child care" as defined in the
21 Child Care Act of 1969;
22 (4) Any "Community Living Facility" as defined in the
23 Community Living Facilities Licensing Act;
24 (5) Any "community residential alternative" as defined
25 in the Community Residential Alternatives Licensing Act;
26 (6) Any nursing home or sanatorium operated solely by
27 and for persons who rely exclusively upon treatment by
28 spiritual means through prayer, in accordance with the creed
29 or tenets of any well-recognized church or religious
30 denomination. However, such nursing home or sanatorium shall
31 comply with all local laws and rules relating to sanitation
32 and safety;
33 (7) Any facility licensed by the Department of Human
34 Services as a community-integrated living arrangement as
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1 defined in the Community-Integrated Living Arrangements
2 Licensure and Certification Act;
3 (8) Any "Supportive Residence" licensed under the
4 Supportive Residences Licensing Act; or
5 (9) Any "supportive living facility" in good standing
6 with the demonstration project established under Section
7 5-5.01a of the Illinois Public Aid Code; and .
8 (10) An assisted living establishment registered under
9 the Assisted Living Establishment Act.
10 (Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
11 revised 8-26-96.)
12 Section 95. No acceleration or delay. Where this Act
13 makes changes in a statute that is represented in this Act by
14 text that is not yet or no longer in effect (for example, a
15 Section represented by multiple versions), the use of that
16 text does not accelerate or delay the taking effect of (i)
17 the changes made by this Act or (ii) provisions derived from
18 any other Public Act.
19 Section 99. Effective date. This Act takes effect January
20 1, 1998.