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90_SB0743eng
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
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1 AN ACT to create the Senior Housing with Services 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 Senior Housing with Services Act.
7 Section 5. Legislative purpose. The purpose of this
8 Act is to promote the availability of appropriate services
9 for elderly persons in the least restrictive and most
10 homelike environment; to encourage the development of
11 assisted living and shared housing arrangements that promote
12 the dignity, individuality, privacy, independence, autonomy,
13 and decision-making ability and the right to negotiated risk
14 of those persons; to provide for the health, safety, and
15 welfare of those residents residing in assisted living and
16 shared housing establishments in this State; to promote
17 continuous quality improvement in assisted living; and to
18 encourage the development of innovative and affordable
19 assisted living establishments and shared housing with
20 service establishments for elderly persons of all income
21 levels. It is the public policy of this State that assisted
22 living is an important part of the continuum of long-term
23 care. In support of the goal of aging in place, assisted
24 living establishments and shared housing establishments shall
25 be operated as residential environments with supportive
26 services designed to meet the individual residents' changing
27 needs and preferences. The residential environment shall be
28 designed to encourage family and community involvement. The
29 services available to residents, either directly or through
30 contracts or agreements, are intended to help residents
31 remain as independent as possible. Assisted living, which
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1 promotes resident choice autonomy and decision making, should
2 be based on a contract model designed to result in a
3 negotiated agreement between the resident or a family member
4 of the resident and the provider, clearly identifying the
5 services to be provided. This model supports the principle
6 that there is an acceptable balance between consumer
7 protection and resident willingness to accept risk and that
8 most consumers are competent to make their own judgments
9 about the services they are obtaining. Oversight of assisted
10 living establishments and shared housing establishments must
11 be sufficiently flexible to allow residents to age in place.
12 Section 10. Definitions. For purposes of this Act:
13 "Activity of daily living" means eating, dressing,
14 bathing, toileting, transferring, ambulating, or other
15 grooming.
16 "Assisted living establishment" or "establishment" means
17 a home, building, residence, or any other place where the
18 following services are provided consistent with the purposes
19 of this Act:
20 (1) community-based residential care for persons
21 who need assistance with activities of daily living,
22 including housing and personal, supportive, and
23 intermittent health-related services available 24 hours
24 per day, if needed, to meet the scheduled and unscheduled
25 needs of a resident in a way that promotes self-direction
26 and participation in decisions that emphasize
27 independence, individuality, privacy, and dignity in a
28 residential surrounding;
29 (2) mandatory services, whether provided directly
30 by the establishment or by another entity arranged for by
31 the establishment, with the consent of the resident or
32 resident's representative;
33 (3) physical environment standards that, at a
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1 minimum, require a homelike setting that includes the
2 following and such other elements as established by the
3 Department in conjunction with the Senior Housing with
4 Services Advisory Board: individual living units each of
5 which shall accommodate small kitchen appliances and
6 contain private bathing, washing, and toilet facilities,
7 or private washing and toilet facilities with a common
8 bathing room readily accessible to each resident. Units
9 shall be maintained for single occupancy except in cases
10 in which 2 residents choose to share a unit. Sufficient
11 common space shall exist to permit individual and group
12 activities. An assisted living establishment provides
13 sleeping accommodations to 3 or more unrelated adult
14 residents, at least 80% of whom are 55 years of age or
15 older.
16 "Assisted living establishment" or "establishment" does
17 not mean any of the following:
18 (1) A home, institution, or similar place operated
19 by the federal government or the State of Illinois.
20 (2) A long-term care facility licensed under the
21 Nursing Home Care Act. However, a long term care
22 facility may convert sections of the facility to assisted
23 living. If the long-term care facility elects to do so,
24 the facility shall retain the Certificate of Need for
25 its nursing beds that were converted.
26 (3) A hospital, sanitarium, or other institution,
27 the principal activity or business of which is the
28 diagnosis, care, and treatment of human illness and that
29 is required to be licensed under the Hospital
30 Licensing Act.
31 (4) A facility for child care as defined in the
32 Child Care Act of 1969.
33 (5) A community living facility as defined in the
34 Community Living Facilities Licensing Act.
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1 (6) A community residential alternative as defined
2 in the Community Residential Alternatives Licensing Act.
3 (7) A nursing home or sanitarium operated solely by
4 and for persons who rely exclusively upon treatment by
5 spiritual means through prayer in accordance with the
6 creed or tenants of a well-recognized church or
7 religious denomination.
8 (8) A facility licensed by the Department of Human
9 Services as a community-integrated living arrangement as
10 defined in the Community-Integrated Living Arrangements
11 Licensure and Certification Act.
12 (9) A supportive residence licensed under the
13 Supportive Residences Licensing Act.
14 (10) A life care facility as defined in the Life
15 Care Facilities Act; a life care facility may apply under
16 this Act to convert sections of the community to assisted
17 living.
18 (11) A free-standing hospice facility.
19 (12) A shared housing establishment.
20 (13) A supportive living facility as described in
21 Section 5-5.01a of the Illinois Public Aid Code.
22 "Department" means the Department on Aging.
23 "Director" means the Director of Aging.
24 "Mandatory services" include the following:
25 (1) meals provided in a dining room or the
26 resident's own room and prepared by the establishment or
27 an outside contractor;
28 (2) housekeeping services including, but not
29 limited to, vacuuming, dusting, and cleaning the kitchen
30 and bathrooms of the resident's unit;
31 (3) security provided 24 hours each day including,
32 but not limited to, locked entrances or building or
33 contract security personnel;
34 (4) either an emergency communication response
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1 system, which is a procedure in place 24 hours each day
2 by which a resident can notify building management, an
3 emergency response vendor, or others able to respond to
4 his or her need for assistance or a procedure and
5 staffing pattern designed to meet the intention of this
6 clause to respond to the needs of residents who are not
7 capable of communicating their needs for assistance due
8 to cognitive impairment; and
9 (5) personal care including, but not limited to,
10 assistance with bathing, dressing, grooming,
11 ambulating, toileting, transferring, meal planning,
12 personal laundry.
13 "Shared housing establishment" or "establishment" means a
14 publicly or privately operated residence for fewer than 12
15 persons, at least 80% of whom are 55 years of age or older
16 and who are unrelated to the owners and one manager of the
17 residence, that directly provides or contracts with another
18 entity with the consent of the resident or resident's
19 representative for the provision of mandatory services.
20 "Resident" means a person residing in an assisted living
21 or shared housing establishment.
22 Section 15. Service plan requirement. Prior to admission
23 to any establishment covered by this Act, a comprehensive
24 assessment that includes an evaluation of the prospective
25 resident's physical, cognitive, and psychosocial condition
26 shall be completed. At least annually, and upon
27 identification of a significant change in the resident's
28 condition, a comprehensive assessment shall be completed.
29 The initial physical assessment shall be completed by a
30 physician licensed to practice medicine in all its branches.
31 Based on the assessment, a written service plan shall be
32 developed and mutually agreed upon by the provider and the
33 resident. The service plan, which shall be reviewed annually,
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1 or more often as the resident's condition, preferences, or
2 care needs change, shall serve as a basis for the contract
3 between the provider and the resident. Based on the
4 assessment, the service plan may provide for the
5 disconnection or removal of any kitchen appliance.
6 Section 20. Staffing and management requirements.
7 (a) A facility licensed under this Act must employ:
8 (1) a full-time administrator who must be at least
9 21 years of age with ability, training, and education
10 appropriate to meet the needs of the residents and to
11 manage the operations of the facility and who
12 participates in on-going training for those purposes;
13 (2) staff sufficient in number with qualifications,
14 adequate skills, education, and experience to meet the 24
15 hour scheduled and unscheduled needs of residents and who
16 participate in on-going training to serve the resident
17 populations in a manner consistent with the philosophy of
18 assisted living.
19 (b) The administrator and all individuals providing
20 direct care to residents of the establishment, whether
21 employed or contracted by the establishment, shall be subject
22 to the Health Care Worker Background Check Act.
23 Section 25. License requirement. No entity may
24 establish, operate, conduct, or maintain an establishment
25 registered under this Act in this State without a license
26 issued by the Department under this Act. An entity that
27 violates the requirement of this Section shall be subject to
28 corrective action as established by rule of the Department in
29 collaboration with the Senior Housing with Services Advisory
30 Board.
31 Section 30. Licensing.
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1 (a) The Department, in consultation with the Senior
2 Housing with Services Advisory Board, shall establish by rule
3 forms, procedures, and fees for the annual licensing of
4 assisted living and shared housing establishments, sanctions
5 and penalties for operating in violation of this Act, and an
6 annual on-site review requirement for each establishment
7 covered by this Act, the scope of which shall be set forth
8 within the rule.
9 (b) Within 30 days after any change in the business name
10 or address of the establishment or of pending closure of the
11 facility, a licensed establishment shall notify the
12 Department of the name or mailing address of the owner or
13 owners, the name or mailing address of the managing agent, or
14 of the pending closure. There shall be no fee for the
15 submission of any such notification. An establishment shall
16 provide the following information to the Department to be
17 licensed:
18 (1) the business name, street address, mailing
19 address, and telephone number of the establishment;
20 (2) the name and mailing address of the owner or
21 owners of the establishment and if the owner or owners
22 are not natural persons, identification of the type of
23 business entity of the owners, and the names and
24 addresses of the officers and members of the governing
25 body, or comparable persons for partnerships, limited
26 liability corporations, or other types of business
27 organizations;
28 (3) the name and mailing address of the
29 managing agent of the establishment, whether hired
30 under a management agreement or lease agreement, if
31 different from the owner or owners, and the name of the
32 on-site manager, if any;
33 (4) verification that the establishment has
34 entered or will enter into a service delivery contract as
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1 described in Section 55, as required under this Act,
2 with each resident or resident's representative;
3 (5) the name and address of at least one natural
4 person who shall be responsible for dealing with the
5 Department on all matters provided for in this Act, on
6 whom personal service of all notices and orders shall be
7 made, and who shall be authorized to accept service on
8 behalf of the owner or owners and the managing agent.
9 Notwithstanding a contrary provision of the Code of Civil
10 Procedure, personal service on the person identified
11 pursuant to this subsection shall be considered service
12 on the owner or owners and the managing agent, and it
13 shall not be a defense to any action that personal
14 service was not made on each individual or entity;
15 (6) the signature of the authorized representative
16 of the owner or owners;
17 (7) proof of an ongoing quality assurance program
18 in accordance with rules adopted by the Department in
19 collaboration with the Senior Housing with Services
20 Advisory Board;
21 (8) information about the number and types of
22 units, the maximum census, and the services to be
23 provided at the establishment, proof of compliance with
24 applicable State and local residential standards, and a
25 copy of the standard contract offered to residents; and
26 (9) documentation of adequate liability insurance.
27 Section 35. Service requirements. An assisted living or
28 shared housing establishment must provide all mandatory
29 services and may provide additional services as defined by
30 rule including, but not limited to, medication management,
31 intermittent health-related services, transportation, health
32 assessment, counseling, and social or educational activities,
33 whether provided directly by the establishment or by another
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1 entity arranged for by the establishment with the consent of
2 the resident or the resident's representative.
3 Section 40. Admission and discharge criteria.
4 (a) A person shall be ineligible to be admitted as or to
5 continue as an assisted living or shared housing
6 establishment resident for any one or more of the following
7 reasons:
8 (1) the person poses a serious threat to himself or
9 herself or to others;
10 (2) the person is not able to communicate his or
11 her needs;
12 (3) the person requires total assistance with 2 or
13 more activities of daily living (except for
14 quadraplegics, paraplegics, and victims of muscular
15 dystrophy, multiple sclerosis, and other neuro-muscular
16 diseases if the resident is able to communicate his or
17 her needs and does not require assistance with complex
18 medical problems);
19 (4) the person requires the assistance of more than
20 one paid caregiver with an activity of daily living
21 (except for quadraplegics, paraplegics, and victims of
22 muscular dystrophy, multiple sclerosis, and other
23 neuro-muscular diseases if the resident is able to
24 communicate his or her needs and does not require
25 assistance with complex medical problems);
26 (5) the person requires 24-hour skilled nursing
27 care or supervision;
28 (6) the person requires intravenous or daily
29 intramuscular injections or intravenous feedings that are
30 not self-administered;
31 (7) the person requires gastromy feedings that are
32 not self-administered;
33 (8) the person requires insertion, sterile
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1 irrigation, and replacement of catheter, except for
2 routine maintenance of Foley catheters;
3 (9) the person requires sterile wound care;
4 (10) the person requires treatment of stage 3 or
5 stage 4 decubitus ulcers or exfoliative dermatitis; or
6 (11) other reasons prescribed by the Department by
7 rule.
8 (b) Except as provided in subsection (e), a person with
9 a condition listed in items (6) through (11) of subsection
10 (a) for a period of 21 consecutive days shall be ineligible
11 to continue as a resident.
12 (c) A person shall be ineligible to continue as a
13 resident if the individual requires 5 or more skilled nursing
14 visits per week for conditions other than those listed in
15 items (6) through (11) of subsection (a) for a period of 21
16 consecutive days or more.
17 (d) A resident shall be discharged from the facility
18 when, in the opinion of the resident's treating physician,
19 services available to the resident in the establishment are
20 no longer adequate for the care of the resident. This
21 provision shall not be interpreted as limiting the
22 authority of the Department to require the discharge of
23 individuals.
24 (e) Terminally ill residents may continue residing in an
25 establishment if a hospice licensed under the Hospice Program
26 Licensing Act coordinates services and all parties agree to
27 the continued residency.
28 (f) The Department, in consultation with the Senior
29 Housing with Services Advisory Board, shall develop by rule
30 the procedures by which residents shall be involuntarily
31 discharged under this Section.
32 Section 45. Involuntary discharge.
33 (a) No resident may be involuntarily discharged from an
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1 assisted living or shared housing establishment except for
2 the following reasons:
3 (1) for the reasons outlined in Section 40 of this
4 Act;
5 (2) for non-payment of justifiable charges after
6 the resident and the resident's representative have
7 received 30 days written notice of the delinquency and
8 the resident or the resident's representative has had at
9 least 15 days to cure the deficiency; or
10 (3) for failure to negotiate a service agreement
11 where applicable.
12 (b) Prior to an involuntary discharge, the establishment
13 shall give the resident or the resident's representative, or
14 both, a 30-day written notice setting forth the reason and
15 proposed date for the move and notifying the resident of the
16 right to file a complaint with the Department. In emergency
17 situations, notice may be waived.
18 Section 50. Issuance of license. The Department shall
19 issue a license to an applicant who has met the requirements
20 of Section 25 and paid the required fee.
21 Section 55. Contract requirements. No entity may
22 establish, operate, conduct, or maintain an assisted living
23 or shared housing establishment in this State unless a
24 written service delivery contract is executed between
25 the establishment and each resident or resident's
26 representative in accordance with Section 55, and unless the
27 establishment operates in accordance with the terms of the
28 contract. The resident or the resident's representative
29 shall be given a complete copy of the contract and all
30 supporting documents and attachments and any changes
31 whenever changes are made.
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1 Section 60. Contents of service delivery contract. A
2 contract between an assisted living or shared housing
3 establishment and a resident must be entitled "assisted
4 living establishment contract" or "shared housing
5 establishment contract" as applicable, shall be printed in no
6 less than 12 point type, and shall include at least the
7 following elements in the body or through supporting
8 documents or attachments:
9 (1) name, street address, and mailing address of the
10 establishment;
11 (2) the name and mailing address of the owner or owners
12 of the establishment and, if the owner or owners is not
13 natural persons, the type of business entity of the owner or
14 owners;
15 (3) the name and mailing address of the managing agent
16 of the establishment, whether hired under a management
17 agreement or lease agreement, if the managing agent is
18 different from the owner or owners;
19 (4) the name and address of at least one natural
20 person who is authorized to accept service on behalf of
21 the owners and managing agent;
22 (5) a statement describing the license status of the
23 establishment and the license status of all providers of
24 health-related or supportive services to a resident under
25 arrangement with the establishment;
26 (6) the duration of the contract;
27 (7) the base rate to be paid by the resident and a
28 description of the services to be provided as part of this
29 rate;
30 (8) description of any additional services to be
31 provided for an additional fee by the establishment directly
32 or by a third party provider under arrangement with the
33 establishment;
34 (9) fee schedules outlining the cost of any additional
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1 services;
2 (10) a description of the process through which the
3 contract may be modified, amended, or terminated;
4 (11) a description of the establishment's complaint
5 resolution process available to residents and notice of the
6 availability of the Department's Senior Helpline for
7 complaints;
8 (12) the resident's designated representative, if any;
9 (13) the resident's obligations in order to maintain
10 residency and receive services;
11 (14) billing and payment procedures and requirements;
12 (15) a statement affirming the resident's freedom to
13 receive services from service providers with whom the
14 establishment does not have a contractual arrangement, which
15 may also disclaim liability on the part of the assisted
16 living or shared housing establishment for those services;
17 (16) a statement that medical assistance under Article V
18 or Article VI of the Illinois Public Aid Code is not
19 available for payment for services provided in an assisted
20 living or shared housing establishment;
21 (17) a statement detailing the admission, risk
22 management, and discharge criteria and procedures;
23 (18) a statement acknowledging that, by contracting with
24 the assisted living or shared housing establishment, the
25 resident does not forfeit the following rights:
26 (A) federal and State constitutional rights;
27 (B) the right to retain and use personal
28 property and a place to store personal items that is
29 locked and secure;
30 (C) the right to refuse services and to be advised
31 of the consequences of that refusal;
32 (D) the right to respect for bodily privacy and
33 dignity at all times, especially during care and
34 treatment;
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1 (E) the right to privacy with regard to mail, phone
2 calls, and visitors;
3 (F) the right to be free of retaliation for
4 criticizing the establishment or making complaints to
5 appropriate agencies;
6 (G) the right to be free of restraints;
7 (H) the right to be free of abuse or neglect;
8 (I) the right to confidentiality of the resident's
9 personal files maintained by the establishment, except
10 as specified in item (19) of this Section;
11 (J) the right of access and the right to copy the
12 resident's personal files maintained by the
13 establishment;
14 (K) the right to 24 hours access to the
15 establishment; and
16 (L) the right to a minimum 30 day notice of a
17 planned establishment closure.
18 (19) A statement detailing the Department's annual
19 on-site review process including what documents shall be
20 reviewed by the on-site reviewer as defined by rule.
21 Section 65. Record retention. Service delivery
22 contracts and related documents executed by each resident or
23 resident's representative shall be maintained by an
24 establishment covered by this Act from the date of execution
25 until 3 years after the contract is terminated. The
26 establishment shall also maintain and retain records to
27 residents to support compliance with individual contract
28 and with applicable State and federal regulations.
29 The records and supporting documents other than the
30 resident's personal files shall be made available for
31 on-site inspection by the Department upon request at any
32 time.
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1 Section 70. Powers and duties of the Department.
2 (a) The Department shall conduct an annual on-site visit
3 at each assisted living and shared housing establishment.
4 (b) Upon receipt of information that may indicate the
5 failure of the assisted living or shared housing
6 establishment or a service provider to comply with a
7 provision of this Act, the Department shall investigate the
8 matter or make appropriate referrals to other government
9 agencies and entities having jurisdiction over the subject
10 matter of the possible violation. The Department may also
11 make referrals to any public or private agency that the
12 Department considers available for appropriate assistance to
13 those involved. The Department may oversee and coordinate the
14 enforcement of State consumer protection policies affecting
15 residents residing in an establishment licensed under this
16 Act.
17 (c) The Department shall establish by rule complaint
18 receipt, investigation, and resolution procedures.
19 Resolution procedures shall provide for on-site review and
20 evaluation of an assisted living or shared housing
21 establishment found to be in violation of this Act within a
22 specified period of time based on the gravity and severity of
23 the violation and any pervasive pattern of occurrences of the
24 same or similar violations.
25 (d) The Director shall establish a Senior Housing with
26 Services Advisory Board.
27 (e) The Department shall mandate compliance with
28 the National Fire Protection Association's Life Safety
29 Code.
30 (f) The Department shall, beginning January 1, 1999,
31 promulgate rules necessary for the administration of this
32 Act.
33 Section 75. Senior Housing with Services Advisory Board.
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1 (a) The Director shall appoint the Senior Housing with
2 Services Advisory Board which shall be responsible for
3 advising the Director in all aspects of the administration of
4 the Act.
5 (b) The Board shall be comprised of the following
6 persons:
7 (1) the Director who shall serve as chair, ex
8 officio and nonvoting;
9 (2) one representative each of the Departments of
10 Public Health, Public Aid, and the Illinois Housing
11 Development Authority, all nonvoting members;
12 (3) the State ombudsman or his designee;
13 (4) one member of to be appointed by the President
14 of the Senate;
15 (5) one member to be appointed by the Minority
16 Leader of the Senate;
17 (6) one member to be appointed by the Speaker of
18 the House of Representatives;
19 (7) one member to be appointed by the Minority
20 Leader of the House of Representatives;
21 (8) one representative of the Association of Area
22 Agencies on Aging;
23 (9) four members selected from the recommendations
24 by provider organizations whose membership consist of
25 nursing care or assisted living facilities;
26 (10) two residents of assisted living facilities;
27 (11) three members selected from the
28 recommendations of consumer organizations which engage
29 solely in advocacy or legal representation on behalf of
30 the senior population;
31 (12) two representatives of the medical profession
32 of the State of Illinois; and
33 (13) two citizen members with expertise in the area
34 of gerontology research.
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1 (c) Members of the Board created by this Act shall be
2 appointed to serve for terms of 3 years. All members will be
3 appointed no later than January 1, 1999. One third of the
4 Board member's initial terms will expire in one year; one
5 third in 2 years, and one third in 3 years. A member's term
6 does not expire until a successor is appointed by the
7 Director. The Board shall meet at the call of the Director.
8 A member of the Board can designate a replacement to serve at
9 the Board meeting and vote in place of the member by
10 submitting a letter of designation to the chair prior to or
11 at the Board meeting. Members of this Board shall receive no
12 compensation for their services; however, resident members
13 shall be reimbursed for their actual expenses.
14 Section 80. Operation without a license. An entity that
15 provides assisted living or shared housing establishment
16 services without a license issued under this Act shall be
17 subject to the provisions, including penalties, of the
18 Nursing Home Care Act.
19 Section 85. Civil penalties.
20 (a) The Department may assess a civil penalty not to
21 exceed $5,000 against any establishment covered under this
22 Act for violations of this Act. Each day of such operation is
23 a separate violation.
24 (b) Beginning 180 days after the promulgation of rules
25 under this Act by the Department, the Department may assess
26 a civil penalty not to exceed $3,000 against any
27 establishment covered under this Act for caring for a
28 resident who exceeds the care needs defined in this Act.
29 Each day shall constitute a separate violation.
30 (c) The Department is authorized to hold hearings in
31 contested cases regarding appeals of the penalties assessed
32 pursuant to this subsection.
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1 Section 90. State and private funding. Nothing in this
2 Act shall:
3 (1) require or authorize the State agency responsible
4 for the administration of the medical assistance program
5 established under Article V and Article VI of the Illinois
6 Public Aid Code to approve, supply or cover services provided
7 in an assisted living or shared housing establishment;
8 (2) require an agency or a managed care organization
9 to approve, supply, or cover services provided in an assisted
10 living or shared housing establishment; or
11 (3) require any other third party payer to approve,
12 supply or cover medically necessary home care services
13 provided in an assisted living establishment.
14 Section 95. Conversion of sheltered care facilities.
15 Entities licensed as sheltered care facilities under the
16 Nursing Home Care Act may elect to convert their sheltered
17 care license to a license under this Act.
18 Section 100. Application of Act. All establishments
19 licensed under this Act shall obtain and maintain all other
20 licenses, permits, certificates, and other governmental
21 approvals required of it, except that a licensed assisted
22 living or shared housing establishment is exempt from the
23 provisions of the Illinois Health Facilities Planning Act and
24 the Nursing Home Care Act. All establishments licensed under
25 this Act shall comply with the requirements of all local,
26 State, federal, and other applicable laws, rules, and
27 ordinances and the National Fire Protection Association's
28 Life Safety Code.
29 Section 105. Senior Housing Regulatory Fund. There is
30 created in the State treasury a special fund to be known as
31 the Senior Housing Regulatory Fund. All moneys received by
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1 the Department under this Act shall be deposited into the
2 Fund. Subject to appropriation, moneys in the Fund shall be
3 used for the administration of this Act. Interest earned on
4 moneys in the Fund shall be deposited into the Fund.
5 Section 110. Report of the Department.
6 (a) The Department shall conduct a study or contract for
7 the conducting of a study to review the effects of this Act
8 on the availability of housing for seniors. The study shall
9 evaluate whether (i) sufficient housing exists to meet the
10 needs of Illinois seniors for housing, (ii) the services
11 available under this Act meet the needs of Illinois seniors,
12 (iii) the private sector marketplace is an adequate supplier
13 of housing with services for seniors, and (iv) any other
14 consideration the Department deems relevant.
15 (b) The study shall be completed and its findings and
16 recommendations reported to the General Assembly no later
17 than January 1, 2005.
18 Section 115. Severability. The provisions of this Act
19 are severable under Section 1.31 of the Statute on Statutes.
20 Section 190. The Illinois Health Facilities Planning Act
21 is amended by changing Section 3 as follows:
22 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
23 Sec. 3. As used in this Act:
24 "Health care facilities" means and includes the following
25 facilities and organizations:
26 1. An ambulatory surgical treatment center required
27 to be licensed pursuant to the Ambulatory Surgical
28 Treatment Center Act;
29 2. An institution, place, building, or agency
30 required to be licensed pursuant to the Hospital
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1 Licensing Act;
2 3. Any institution required to be licensed pursuant
3 to the Nursing Home Care Act;
4 4. Hospitals, nursing homes, ambulatory surgical
5 treatment centers, or kidney disease treatment centers
6 maintained by the State or any department or agency
7 thereof; and
8 5. Skilled and intermediate long-term care
9 facilities licensed under the Nursing Home Care Act; and
10 6. Kidney disease treatment centers, including a
11 free-standing hemodialysis unit.
12 No federally owned facility shall be subject to the
13 provisions of this Act, nor facilities used solely for
14 healing by prayer or spiritual means.
15 No facility licensed under the Supportive Residences
16 Licensing Act or licensed under the Senior Housing with
17 Services Act shall be subject to the provisions of this Act.
18 A facility designated as a supportive living facility
19 that is in good standing with the demonstration project
20 established under Section 5-5.01a of the Illinois Public Aid
21 Code shall not be subject to the provisions of this Act.
22 This Act does not apply to facilities granted waivers
23 under Section 3-102.2 of the Nursing Home Care Act. However,
24 if a demonstration project under that Act applies for a
25 certificate of need to convert to a nursing facility, it
26 shall meet the licensure and certificate of need requirements
27 in effect as of the date of application.
28 With the exception of those health care facilities
29 specifically included in this Section, nothing in this Act
30 shall be intended to include facilities operated as a part of
31 the practice of a physician or other licensed health care
32 professional, 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 group. Further, this Act shall not apply to
2 physicians or other licensed health care professional's
3 practices where such practices are carried out in a portion
4 of a health care facility under contract with such health
5 care facility by a physician or by other licensed health care
6 professionals, whether practicing in his individual capacity
7 or within the legal structure of any partnership, medical or
8 professional corporation, or unincorporated medical or
9 professional groups. This Act shall apply to construction or
10 modification and to establishment by such health care
11 facility of such contracted portion which is subject to
12 facility licensing requirements, irrespective of the party
13 responsible for such action or attendant financial
14 obligation.
15 "Person" means any one or more natural persons, legal
16 entities, governmental bodies other than federal, or any
17 combination thereof.
18 "Consumer" means any person other than a person (a) whose
19 major occupation currently involves or whose official
20 capacity within the last 12 months has involved the
21 providing, administering or financing of any type of health
22 care facility, (b) who is engaged in health research or the
23 teaching of health, (c) who has a material financial interest
24 in any activity which involves the providing, administering
25 or financing of any type of health care facility, or (d) who
26 is or ever has been a member of the immediate family of the
27 person defined by (a), (b), or (c).
28 "State Board" means the Health Facilities Planning Board.
29 "Construction or modification" means the establishment,
30 erection, building, alteration, reconstruction,
31 modernization, improvement, extension, discontinuation,
32 change of ownership, of or by a health care facility, or the
33 purchase or acquisition by or through a health care facility
34 of equipment or service for diagnostic or therapeutic
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1 purposes or for facility administration or operation, or any
2 capital expenditure made by or on behalf of a health care
3 facility which exceeds the capital expenditure minimum.
4 "Establish" means the construction of a health care
5 facility or the replacement of an existing facility on
6 another site.
7 "Major medical equipment" means medical equipment which
8 is used for the provision of medical and other health
9 services and which costs in excess of the capital expenditure
10 minimum, except that such term does not include medical
11 equipment acquired by or on behalf of a clinical laboratory
12 to provide clinical laboratory services if the clinical
13 laboratory is independent of a physician's office and a
14 hospital and it has been determined under Title XVIII of the
15 Social Security Act to meet the requirements of paragraphs
16 (10) and (11) of Section 1861(s) of such Act. In determining
17 whether medical equipment has a value in excess of the
18 capital expenditure minimum, the value of studies, surveys,
19 designs, plans, working drawings, specifications, and other
20 activities essential to the acquisition of such equipment
21 shall be included.
22 "Capital Expenditure" means an expenditure: (A) made by
23 or on behalf of a health care facility (as such a facility is
24 defined in this Act); and (B) which under generally accepted
25 accounting principles is not properly chargeable as an
26 expense of operation and maintenance, or is made to obtain by
27 lease or comparable arrangement any facility or part thereof
28 or any equipment for a facility or part; and which exceeds
29 the capital expenditure minimum.
30 For the purpose of this paragraph, the cost of any
31 studies, surveys, designs, plans, working drawings,
32 specifications, and other activities essential to the
33 acquisition, improvement, expansion, or replacement of any
34 plant or equipment with respect to which an expenditure is
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1 made shall be included in determining if such expenditure
2 exceeds the capital expenditures minimum. Donations of
3 equipment or facilities to a health care facility which if
4 acquired directly by such facility would be subject to review
5 under this Act shall be considered capital expenditures, and
6 a transfer of equipment or facilities for less than fair
7 market value shall be considered a capital expenditure for
8 purposes of this Act if a transfer of the equipment or
9 facilities at fair market value would be subject to review.
10 "Capital expenditure minimum" means $1,000,000 for major
11 medical equipment and $2,000,000 for all other capital
12 expenditures, both of which shall be annually adjusted to
13 reflect the increase in construction costs due to inflation.
14 "Areawide" means a major area of the State delineated on
15 a geographic, demographic, and functional basis for health
16 planning and for health service and having within it one or
17 more local areas for health planning and health service. The
18 term "region", as contrasted with the term "subregion", and
19 the word "area" may be used synonymously with the term
20 "areawide".
21 "Local" means a subarea of a delineated major area that
22 on a geographic, demographic, and functional basis may be
23 considered to be part of such major area. The term
24 "subregion" may be used synonymously with the term "local".
25 "Areawide health planning organization" or "Comprehensive
26 health planning organization" means the health systems agency
27 designated by the Secretary, Department of Health and Human
28 Services or any successor agency.
29 "Local health planning organization" means those local
30 health planning organizations that are designated as such by
31 the areawide health planning organization of the appropriate
32 area.
33 "Physician" means a person licensed to practice in
34 accordance with the Medical Practice Act of 1987, as amended.
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1 "Licensed health care professional" means a person
2 licensed to practice a health profession under pertinent
3 licensing statutes of the State of Illinois.
4 "Director" means the Director of the Illinois Department
5 of Public Health.
6 "Agency" means the Illinois Department of Public Health.
7 "Comprehensive health planning" means health planning
8 concerned with the total population and all health and
9 associated problems that affect the well-being of people and
10 that encompasses health services, health manpower, and health
11 facilities; and the coordination among these and with those
12 social, economic, and environmental factors that affect
13 health.
14 "Alternative health care model" means a facility or
15 program authorized under the Alternative Health Care Delivery
16 Act.
17 (Source: P.A. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96;
18 90-14, eff. 7-1-97.)
19 Section 191. The State Finance Act is amended by adding
20 Section 5.480 as follows:
21 (30 ILCS 105/5.480 new)
22 Sec. 5.480. The Senior Housing Regulatory Fund.
23 Section 192. The Nursing Home Care Act is amended by
24 changing Section 1-113 as follows:
25 (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
26 Sec. 1-113. "Facility" or "long-term care facility"
27 means a private home, institution, building, residence, or
28 any other place, whether operated for profit or not, or a
29 county home for the infirm and chronically ill operated
30 pursuant to Division 5-21 or 5-22 of the Counties Code, or
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1 any similar institution operated by a political subdivision
2 of the State of Illinois, which provides, through its
3 ownership or management, personal care, sheltered care or
4 nursing for 3 or more persons, not related to the applicant
5 or owner by blood or marriage. It includes skilled nursing
6 facilities and intermediate care facilities as those terms
7 are defined in Title XVIII and Title XIX of the Federal
8 Social Security Act.
9 "Facility" does not include the following:
10 (1) A home, institution, or other place operated by the
11 federal government or agency thereof, or by the State of
12 Illinois;
13 (2) A hospital, sanitarium, or other institution whose
14 principal activity or business is the diagnosis, care, and
15 treatment of human illness through the maintenance and
16 operation as organized facilities therefor, which is required
17 to be licensed under the Hospital Licensing Act;
18 (3) Any "facility for child care" as defined in the
19 Child Care Act of 1969;
20 (4) Any "Community Living Facility" as defined in the
21 Community Living Facilities Licensing Act;
22 (5) Any "community residential alternative" as defined
23 in the Community Residential Alternatives Licensing Act;
24 (6) Any nursing home or sanatorium operated solely by
25 and for persons who rely exclusively upon treatment by
26 spiritual means through prayer, in accordance with the creed
27 or tenets of any well-recognized church or religious
28 denomination. However, such nursing home or sanatorium shall
29 comply with all local laws and rules relating to sanitation
30 and safety;
31 (7) Any facility licensed by the Department of Human
32 Services as a community-integrated living arrangement as
33 defined in the Community-Integrated Living Arrangements
34 Licensure and Certification Act;
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1 (8) Any "Supportive Residence" licensed under the
2 Supportive Residences Licensing Act; or
3 (9) Any "supportive living facility" in good standing
4 with the demonstration project established under Section
5 5-5.01a of the Illinois Public Aid Code; or.
6 (10) Any assisted living or shared housing establishment
7 licensed under the Senior Housing with Services Act.
8 (Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
9 90-14, eff. 7-1-97.)
10 Section 193. The Health Care Worker Background Check Act
11 is amended by changing Section 15 as follows:
12 (225 ILCS 46/15)
13 Sec. 15. Definitions. For the purposes of this Act, the
14 following definitions apply:
15 "Applicant" means an individual seeking employment with a
16 health care employer who has received a bona fide conditional
17 offer of employment.
18 "Conditional offer of employment" means a bona fide offer
19 of employment by a health care employer to an applicant,
20 which is contingent upon the receipt of a report from the
21 Department of State Police indicating that the applicant does
22 not have a record of conviction of any of the criminal
23 offenses enumerated in Section 25.
24 "Direct care" means the provision of nursing care or
25 assistance with meals, dressing, movement, bathing, or other
26 personal needs or maintenance, or general supervision and
27 oversight of the physical and mental well-being of an
28 individual who is incapable of managing his or her person
29 whether or not a guardian has been appointed for that
30 individual.
31 "Health care employer" means:
32 (1) the owner or licensee of any of the following:
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1 (i) a community living facility, as defined in the
2 Community Living Facilities Act;
3 (ii) a life care facility, as defined in the Life
4 Care Facilities Act;
5 (iii) a long-term care facility, as defined in the
6 Nursing Home Care Act;
7 (iv) a home health agency, as defined in the Home
8 Health Agency Licensing Act;
9 (v) a full hospice, as defined in the Hospice
10 Program Licensing Act;
11 (vi) a hospital, as defined in the Hospital
12 Licensing Act;
13 (vii) a community residential alternative, as
14 defined in the Community Residential Alternatives
15 Licensing Act;
16 (viii) a nurse agency, as defined in the Nurse
17 Agency Licensing Act;
18 (ix) a respite care provider, as defined in the
19 Respite Program Act;
20 (x) an establishment licensed under the Senior
21 Housing with Services Act;
22 (2) a day training program certified by the Department
23 of Human Services; or
24 (3) a community integrated living arrangement operated
25 by a community mental health and developmental service
26 agency, as defined in the Community-Integrated Living
27 Arrangements Licensing and Certification Act.
28 "Initiate" means the obtaining of the authorization for a
29 record check from a student, applicant, or employee. The
30 educational entity or health care employer or its designee
31 shall transmit all necessary information and fees to the
32 Illinois State Police within 10 working days after receipt of
33 the authorization.
34 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
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1 89-674, eff. 8-14-96; 90-14, eff. 7-1-97.)
2 Section 199. Effective date. This Section, Section 1,
3 Section 10, Section 70, and Section 75 of this Act take
4 effect upon becoming law; the remaining provisions of this
5 Act take effect January 1, 2000.