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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 002 ] |
90_SB0743sam003
LRB9000385JSgcam03
1 AMENDMENT TO SENATE BILL 743
2 AMENDMENT NO. . Amend Senate Bill 743, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT to create the Senior Housing with Services Act,
5 amending named Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 1. Short title. This Act may be cited as the
9 Senior Housing with Services Act.
10 Section 5. Legislative purpose. The purpose of this
11 Act is to promote the availability of appropriate services
12 for elderly persons in the least restrictive and most
13 homelike environment; to encourage the development of
14 assisted living and shared housing arrangements that promote
15 the dignity, individuality, privacy, independence, autonomy,
16 and decision-making ability and the right to negotiated risk
17 of those persons; to provide for the health, safety, and
18 welfare of those residents residing in assisted living and
19 shared housing establishments in this State; to promote
20 continuous quality improvement in assisted living; and to
21 encourage the development of innovative and affordable
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1 assisted living establishments and shared housing with
2 service establishments for elderly persons of all income
3 levels. It is the public policy of this State that assisted
4 living is an important part of the continuum of long-term
5 care. In support of the goal of aging in place, assisted
6 living establishments and shared housing establishments shall
7 be operated as residential environments with supportive
8 services designed to meet the individual residents' changing
9 needs and preferences. The residential environment shall be
10 designed to encourage family and community involvement. The
11 services available to residents, either directly or through
12 contracts or agreements, are intended to help residents
13 remain as independent as possible. Assisted living, which
14 promotes resident choice autonomy and decision making, should
15 be based on a contract model designed to result in a
16 negotiated agreement between the resident or a family member
17 of the resident and the provider, clearly identifying the
18 services to be provided. This model supports the principle
19 that there is an acceptable balance between consumer
20 protection and resident willingness to accept risk and that
21 most consumers are competent to make their own judgments
22 about the services they are obtaining. Oversight of assisted
23 living establishments and shared housing establishments must
24 be sufficiently flexible to allow residents to age in place.
25 Section 10. Definitions. For purposes of this Act:
26 "Activity of daily living" means eating, dressing,
27 bathing, toileting, transferring, ambulating, or other
28 grooming.
29 "Assisted living establishment" or "establishment" means
30 a home, building, residence, or any other place where the
31 following services are provided consistent with the purposes
32 of this Act:
33 (1) community-based residential care for persons
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1 who need assistance with activities of daily living,
2 including housing and personal, supportive, and
3 intermittent health-related services available 24 hours
4 per day, if needed, to meet the scheduled and unscheduled
5 needs of a resident in a way that promotes self-direction
6 and participation in decisions that emphasize
7 independence, individuality, privacy, and dignity in a
8 residential surrounding;
9 (2) mandatory services, whether provided directly
10 by the establishment or by another entity arranged for by
11 the establishment, with the consent of the resident or
12 resident's representative;
13 (3) physical environment standards that, at a
14 minimum, require a homelike setting that includes the
15 following and such other elements as established by the
16 Department in conjunction with the Senior Housing with
17 Services Advisory Board: individual living units each of
18 which shall accommodate small kitchen appliances and
19 contain private bathing, washing, and toilet facilities,
20 or private washing and toilet facilities with a common
21 bathing room readily accessible to each resident. Units
22 shall be maintained for single occupancy except in cases
23 in which 2 residents choose to share a unit. Sufficient
24 common space shall exist to permit individual and group
25 activities. An assisted living establishment provides
26 sleeping accommodations to 3 or more unrelated adult
27 residents, at least 80% of whom are 55 years of age or
28 older.
29 "Assisted living establishment" or "establishment" does
30 not mean any of the following:
31 (1) A home, institution, or similar place operated
32 by the federal government or the State of Illinois.
33 (2) A long-term care facility licensed under the
34 Nursing Home Care Act. However, a long term care
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1 facility may convert sections of the facility to assisted
2 living. If the long term care facility elects to do so,
3 the facility shall retain the Certificate of Need for
4 its nursing beds that were converted.
5 (3) A hospital, sanitarium, or other institution,
6 the principal activity or business of which is the
7 diagnosis, care, and treatment of human illness and that
8 is required to be licensed under the Hospital
9 Licensing Act.
10 (4) A facility for child care as defined in the
11 Child Care Act of 1969.
12 (5) A community living facility as defined in the
13 Community Living Facilities Licensing Act.
14 (6) A community residential alternative as defined
15 in the Community Residential Alternatives Licensing Act.
16 (7) A nursing home or sanitarium operated solely by
17 and for persons who rely exclusively upon treatment by
18 spiritual means through prayer in accordance with the
19 creed or tenants of a well-recognized church or
20 religious denomination.
21 (8) A facility licensed by the Department of Human
22 Services as a community-integrated living arrangement as
23 defined in the Community-Integrated Living Arrangements
24 Licensure and Certification Act.
25 (9) A supportive residence licensed under the
26 Supportive Residences Licensing Act.
27 (10) A life care facility as defined in the Life
28 Care Facilities Act; a life care facility may apply under
29 this Act to convert sections of the community to assisted
30 living.
31 (11) A free-standing hospice facility.
32 (12) A shared housing establishment.
33 (13) A supportive living facility as described in
34 Section 5-5.01a of the Illinois Public Aid Code.
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1 "Department" means the Department on Aging.
2 "Director" means the Director of Aging.
3 "Mandatory services" include the following:
4 (1) meals provided in a dining room or the
5 resident's own room and prepared by the establishment or
6 an outside contractor;
7 (2) housekeeping services including, but not
8 limited to, vacuuming, dusting, and cleaning the kitchen
9 and bathrooms of the resident's unit;
10 (3) security provided 24 hours each day including,
11 but not limited to, locked entrances or building or
12 contract security personnel;
13 (4) either an emergency communication response
14 system, which is a procedure in place 24 hours each day
15 by which a resident can notify building management, an
16 emergency response vendor, or others able to respond to
17 his or her need for assistance or a procedure and
18 staffing pattern designed to meet the intention of this
19 clause to respond to the needs of residents who are not
20 capable of communicating their needs for assistance due
21 to cognitive impairment; and
22 (5) personal care including, but not limited to,
23 assistance with bathing, dressing, grooming,
24 ambulating, toileting, transferring, meal planning,
25 personal laundry.
26 "Shared housing establishment" or "establishment" means a
27 publicly or privately operated residence for fewer than 12
28 persons, at least 80% of whom are 55 years of age or older
29 and who are unrelated to the owners and one manager of the
30 residence, that directly provides or contracts with another
31 entity with the consent of the resident or resident's
32 representative for the provision of mandatory services.
33 "Resident" means a person residing in an assisted living
34 or shared housing establishment.
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1 Section 15. Service plan requirement. Prior to admission
2 to any establishment covered by this Act, a comprehensive
3 assessment that includes an evaluation of the prospective
4 resident's physical, cognitive, and psychosocial condition
5 shall be completed. At least annually, and upon
6 identification of a significant change in the resident's
7 condition, a comprehensive assessment shall be completed.
8 The initial physical assessment shall be completed by a
9 physician licensed to practice medicine in all its branches.
10 Based on the assessment, a written service plan shall be
11 developed and mutually agreed upon by the provider and the
12 resident. The service plan, which shall be reviewed annually,
13 or more often as the resident's condition, preferences, or
14 care needs change, shall serve as a basis for the contract
15 between the provider and the resident. Based on the
16 assessment, the service plan may provide for the
17 disconnection or removal of any kitchen appliance.
18 Section 20. Staffing and management requirements.
19 (a) A facility licensed under this Act must employ:
20 (1) a full-time administrator who must be at least
21 21 years of age with ability, training, and education
22 appropriate to meet the needs of the residents and to
23 manage the operations of the facility and who
24 participates in on-going training for those purposes;
25 (2) staff sufficient in number with qualifications,
26 adequate skills, education, and experience to meet the 24
27 hour scheduled and unscheduled needs of residents and who
28 participate in on-going training to serve the resident
29 populations in a manner consistent with the philosophy of
30 assisted living.
31 (b) The administrator and all individuals providing
32 direct care to residents of the establishment, whether
33 employed or contracted by the establishment, shall be subject
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1 to the Health Care Worker Background Check Act.
2 Section 25. License requirement. No entity may
3 establish, operate, conduct, or maintain an establishment
4 registered under this Act in this State without a license
5 issued by the Department under this Act. An entity that
6 violates the requirement of this Section shall be subject to
7 corrective action as established by rule of the Department in
8 collaboration with the Senior Housing with Services Advisory
9 Board.
10 Section 30. Licensing.
11 (a) The Department, in consultation with the Senior
12 Housing with Services Advisory Board, shall establish by rule
13 forms, procedures, and fees for the annual licensing of
14 assisted living and shared housing establishments, sanctions
15 and penalties for operating in violation of this Act, and an
16 annual on-site review requirement for each establishment
17 covered by this Act, the scope of which shall be set forth
18 within the rule.
19 (b) Within 30 days after any change in the business name
20 or address of the establishment or of pending closure of the
21 facility, a licensed establishment shall notify the
22 Department of the name or mailing address of the owner or
23 owners, the name or mailing address of the managing agent, or
24 of the pending closure. There shall be no fee for the
25 submission of any such notification. An establishment shall
26 provide the following information to the Department to be
27 licensed:
28 (1) the business name, street address, mailing
29 address, and telephone number of the establishment;
30 (2) the name and mailing address of the owner or
31 owners of the establishment and if the owner or owners
32 are not natural persons, identification of the type of
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1 business entity of the owners, and the names and
2 addresses of the officers and members of the governing
3 body, or comparable persons for partnerships, limited
4 liability corporations, or other types of business
5 organizations;
6 (3) the name and mailing address of the
7 managing agent of the establishment, whether hired
8 under a management agreement or lease agreement, if
9 different from the owner or owners, and the name of the
10 on-site manager, if any;
11 (4) verification that the establishment has
12 entered or will enter into a service delivery contract as
13 described in Section 55, as required under this Act,
14 with each resident or resident's representative;
15 (5) the name and address of at least one natural
16 person who shall be responsible for dealing with the
17 Department on all matters provided for in this Act, on
18 whom personal service of all notices and orders shall be
19 made, and who shall be authorized to accept service on
20 behalf of the owner or owners and the managing agent.
21 Notwithstanding a contrary provision of the Code of Civil
22 Procedure, personal service on the person identified
23 pursuant to this subsection shall be considered service
24 on the owner or owners and the managing agent, and it
25 shall not be a defense to any action that personal
26 service was not made on each individual or entity;
27 (6) the signature of the authorized representative
28 of the owner or owners;
29 (7) proof of an ongoing quality assurance program
30 in accordance with rules adopted by the Department in
31 collaboration with the Senior Housing with Services
32 Advisory Board;
33 (8) information about the number and types of
34 units, the maximum census, and the services to be
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1 provided at the establishment, proof of compliance with
2 applicable State and local residential standards, and a
3 copy of the standard contract offered to residents; and
4 (9) documentation of adequate liability insurance.
5 Section 35. Service requirements. An assisted living or
6 shared housing establishment must provide all mandatory
7 services and may provide additional services as defined by
8 rule including, but not limited to, medication management,
9 intermittent health-related services, transportation, health
10 assessment, counseling, and social or educational activities,
11 whether provided directly by the establishment or by another
12 entity arranged for by the establishment with the consent of
13 the resident or the resident's representative.
14 Section 40. Admission and discharge criteria.
15 (a) A person shall be ineligible to be admitted as or to
16 continue as an assisted living or shared housing
17 establishment resident for any one or more of the following
18 reasons:
19 (1) the person poses a serious threat to himself or
20 herself or to others;
21 (2) the person is not able to communicate his or
22 her needs;
23 (3) the person requires total assistance with 2 or
24 more activities of daily living (except for
25 quadraplegics, paraplegics, and victims of muscular
26 dystrophy, multiple sclerosis, and other neuro-muscular
27 diseases if the resident is able to communicate his or
28 her needs and does not require assistance with complex
29 medical problems);
30 (4) the person requires the assistance of more than
31 one paid caregiver with an activity of daily living
32 (except for quadraplegics, paraplegics, and victims of
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1 muscular dystrophy, multiple sclerosis, and other
2 neuro-muscular diseases if the resident is able to
3 communicate his or her needs and does not require
4 assistance with complex medical problems);
5 (5) the person requires 24-hour skilled nursing
6 care or supervision;
7 (6) the person requires intravenous or daily
8 intramuscular injections or intravenous feedings that are
9 not self-administered;
10 (7) the person requires gastromy feedings that are
11 not self-administered;
12 (8) the person requires insertion, sterile
13 irrigation, and replacement of catheter, except for
14 routine maintenance of Foley catheters;
15 (9) the person requires sterile wound care;
16 (10) the person requires treatment of stage 3 or
17 stage 4 decubitus ulcers or exfoliative dermatitis; or
18 (11) other reasons prescribed by the Department by
19 rule.
20 (b) Except as provided in subsection (e), a person with
21 a condition listed in items (6) through (11) of subsection
22 (a) for a period of 21 consecutive days shall be ineligible
23 to continue as a resident.
24 (c) A person shall be ineligible to continue as a
25 resident if the individual requires 5 or more skilled nursing
26 visits per week for conditions other than those listed in
27 items (6) through (11) of subsection (a) for period of 21
28 consecutive days or more.
29 (d) A resident shall be discharged from the facility
30 when, in the opinion of the resident's treating physician,
31 services available to the resident in the establishment are
32 no longer adequate for the care of the resident. This
33 provision shall not be interpreted as limiting the
34 authority of the Department to require the discharge of
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1 individuals.
2 (e) Terminally ill residents may continue residing in an
3 establishment if a hospice licensed under the Hospice Program
4 Licensing Act coordinates services and all parties agree to
5 the continued residency.
6 (f) The Department, in consultation with the Senior
7 Housing with Services Advisory Board, shall develop by rule
8 the procedures by which residents shall be involuntarily
9 discharged under this Section.
10 Section 45. Involuntary discharge.
11 (a) No resident may be involuntarily discharged from an
12 assisted living or shared housing establishment except for
13 the following reasons:
14 (1) for the reasons outlined in Section 40 of this
15 Act;
16 (2) for non-payment of justifiable charges after
17 the resident and the resident's representative have
18 received 30 days written notice of the delinquency and
19 the resident or the resident's representative has had at
20 least 15 days to cure the deficiency; or
21 (3) for failure to negotiate a service agreement
22 where applicable.
23 (b) Prior to an involuntary discharge, the establishment
24 shall give the resident or the resident's representative, or
25 both, a 30-day written notice setting forth the reason and
26 proposed date for the move and notifying the resident of the
27 right to file a complaint with the Department. In emergency
28 situations, notice may be waived.
29 Section 50. Issuance of license. The Department shall
30 issue a license to an applicant who has met the requirements
31 of Section 25 and paid the required fee.
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1 Section 55. Contract requirements. No entity may
2 establish, operate, conduct, or maintain an assisted living
3 or shared housing establishment in this State unless a
4 written service delivery contract is executed between
5 the establishment and each resident or resident's
6 representative in accordance with Section 55, and unless the
7 establishment operates in accordance with the terms of the
8 contract. The resident or the resident's representative
9 shall be given a complete copy of the contract and all
10 supporting documents and attachments and any changes
11 whenever changes are made.
12 Section 60. Contents of service delivery contract. A
13 contract between an assisted living or shared housing
14 establishment and a resident must be entitled "assisted
15 living establishment contract" or "shared housing
16 establishment contract" as applicable, shall be printed in no
17 less than 12 point type, and shall include at least the
18 following elements in the body or through supporting
19 documents or attachments:
20 (1) name, street address, and mailing address of the
21 establishment;
22 (2) the name and mailing address of the owner or owners
23 of the establishment and, if the owner or owners is not
24 natural persons, the type of business entity of the owner or
25 owners;
26 (3) the name and mailing address of the managing agent
27 of the establishment, whether hired under a management
28 agreement or lease agreement, if the managing agent is
29 different from the owner or owners;
30 (4) the name and address of at least one natural
31 person who is authorized to accept service on behalf of
32 the owners and managing agent;
33 (5) a statement describing the license status of the
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1 establishment and the license status of all providers of
2 health-related or supportive services to a resident under
3 arrangement with the establishment;
4 (6) the duration of the contract;
5 (7) the base rate to be paid by the resident and a
6 description of the services to be provided as part of this
7 rate;
8 (8) description of any additional services to be
9 provided for an additional fee by the establishment directly
10 or by a third party provider under arrangement with the
11 establishment;
12 (9) fee schedules outlining the cost of any additional
13 services;
14 (10) a description of the process through which the
15 contract may be modified, amended, or terminated;
16 (11) a description of the establishment's complaint
17 resolution process available to residents and notice of the
18 availability of the Department's Senior Helpline for
19 complaints;
20 (12) the resident's designated representative, if any;
21 (13) the resident's obligations in order to maintain
22 residency and receive services;
23 (14) billing and payment procedures and requirements;
24 (15) a statement affirming the resident's freedom to
25 receive services from service providers with whom the
26 establishment does not have a contractual arrangement, which
27 may also disclaim liability on the part of the assisted
28 living or shared housing establishment for those services;
29 (16) a statement that medical assistance under Article V
30 or Article VI of the Illinois Public Aid Code is not
31 available for payment for services provided in an assisted
32 living or shared housing establishment;
33 (17) a statement detailing the admission, risk
34 management, and discharge criteria and procedures;
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1 (18) a statement acknowledging that, by contracting with
2 the assisted living or shared housing establishment, the
3 resident does not forfeit the following rights:
4 (A) federal and State constitutional rights;
5 (B) the right to retain and use personal
6 property and a place to store personal items that is
7 locked and secure;
8 (C) the right to refuse services and to be advised
9 of the consequences of that refusal;
10 (D) the right to respect for bodily privacy and
11 dignity at all times, especially during care and
12 treatment;
13 (E) the right to privacy with regard to mail, phone
14 calls, and visitors;
15 (F) the right to be free of retaliation for
16 criticizing the establishment or making complaints to
17 appropriate agencies;
18 (G) the right to be free of restraints;
19 (H) the right to be free of abuse or neglect;
20 (I) the right to confidentiality of the resident's
21 personal files maintained by the establishment, except
22 as specified in item (19) of this Section;
23 (J) the right of access and the right to copy the
24 resident's personal files maintained by the
25 establishment;
26 (K) the right to 24 hours access to the
27 establishment; and
28 (L) the right to a minimum 30 day notice of a
29 planned establishment closure.
30 (19) A statement detailing the Department's annual
31 on-site review process including what documents shall be
32 reviewed by the on-site reviewer as defined by rule.
33 Section 65. Record retention. Service delivery
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1 contracts and related documents executed by each resident or
2 resident's representative shall be maintained by an
3 establishment covered by this Act from the date of execution
4 until 3 years after the contract is terminated. The
5 establishment shall also maintain and retain records to
6 residents to support compliance with individual contract
7 and with applicable State and federal regulations.
8 The records and supporting documents other than the
9 resident's personal files shall be made available for
10 on-site inspection by the Department upon request at any
11 time.
12 Section 70. Powers and duties of the Department.
13 (a) The Department shall conduct an annual on-site visit
14 at each assisted living and shared housing establishment.
15 (b) Upon receipt of information that may indicate the
16 failure of the assisted living or shared housing
17 establishment or a service provider to comply with a
18 provision of this Act, the Department shall investigate the
19 matter or make appropriate referrals to other government
20 agencies and entities having jurisdiction over the subject
21 matter of the possible violation. The Department may also
22 make referrals to any public or private agency that the
23 Department considers available for appropriate assistance to
24 those involved. The Department may oversee and coordinate the
25 enforcement of State consumer protection policies affecting
26 residents residing in an establishment licensed under this
27 Act.
28 (c) The Department shall establish by rule complaint
29 receipt, investigation, and resolution procedures.
30 Resolution procedures shall provide for on-site review and
31 evaluation of an assisted living or shared housing
32 establishment found to be in violation of this Act within a
33 specified period of time based on the gravity and severity of
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1 the violation and any pervasive pattern of occurrences of the
2 same or similar violations.
3 (d) The Director shall establish a Senior Housing with
4 Services Advisory Board.
5 (e) The Department shall mandate compliance with
6 the National Fire Protection Association's Life Safety
7 Code.
8 (f) The Department shall, beginning January 1, 1999,
9 promulgate rules necessary for the administration of this
10 Act.
11 Section 75. Senior Housing with Services Advisory Board.
12 (a) The Director shall appoint the Senior Housing with
13 Services Advisory Board which shall be responsible for
14 advising the Director in all aspects of the administration of
15 the Act.
16 (b) The Board shall be comprised of the following
17 persons:
18 (1) the Director who shall serve as chair, ex
19 officio and nonvoting;
20 (2) one representative each of the Departments of
21 Public Health, Public Aid, and the Illinois Housing
22 Development Authority, all nonvoting members;
23 (3) the State ombudsman or his designee;
24 (4) one member of to be appointed by the President
25 of the Senate;
26 (5) one member to be appointed by the Minority
27 Leader of the Senate;
28 (6) one member to be appointed by the Speaker of
29 the House of Representatives;
30 (7) one member to be appointed by the Minority
31 Leader of the House of Representatives;
32 (8) one representative of the Association of Area
33 Agencies on Aging;
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1 (9) four members selected from the recommendations
2 by provider organizations whose membership consist of
3 nursing care or assisted living facilities;
4 (10) two residents of assisted living facilities;
5 (11) three members selected from the
6 recommendations of consumer organizations which engage
7 solely in advocacy or legal representation on behalf of
8 the senior population;
9 (12) two representatives of the medical profession
10 of the State of Illinois; and
11 (13) two citizen members with expertise in the area
12 of gerontology research.
13 (c) Members of the Board created by this Act shall be
14 appointed to serve for terms of 3 years. All members will be
15 appointed no later than January 1, 1999. One third of the
16 Board member's initial terms will expire in one year; one
17 third in 2 years, and one third in 3 years. A member's term
18 does not expire until a successor is appointed by the
19 Director. The Board shall meet at the call of the Director.
20 A member of the Board can designate a replacement to serve at
21 the Board meeting and vote in place of the member by
22 submitting a letter of designation to the chair prior to or
23 at the Board meeting. Members of this Board shall receive no
24 compensation for their services; however, resident members
25 shall be reimbursed for their actual expenses.
26 Section 80. Operation without a license. An entity that
27 provides assisted living or shared housing establishment
28 services without a license issued under this Act shall be
29 subject to the provisions, including penalties, of the
30 Nursing Home Care Act.
31 Section 85. Civil penalties.
32 (a) The Department may assess a civil penalty not to
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1 exceed $5,000 against any establishment covered under this
2 Act for violations of this Act. Each day of such operation is
3 a separate violation.
4 (b) Beginning 180 days after the promulgation of rules
5 under this Act by the Department, the Department may assess
6 a civil penalty not to exceed $3,000 against any
7 establishment covered under this Act for caring for a
8 resident who exceeds the care needs defined in this Act.
9 Each day shall constitute a separate violation.
10 (c) The Department is authorized to hold hearings in
11 contested cases regarding appeals of the penalties assessed
12 pursuant to this subsection.
13 Section 90. State and private funding. Nothing in this
14 Act shall:
15 (1) require or authorize the State agency responsible
16 for the administration of the medical assistance program
17 established under Article V and Article VI of the Illinois
18 Public Aid Code to approve, supply or cover services provided
19 in an assisted living or shared housing establishment;
20 (2) require an agency or a managed care organization
21 to approve, supply, or cover services provided in an assisted
22 living or shared housing establishment; or
23 (3) require any other third party payer to approve,
24 supply or cover medically necessary home care services
25 provided in an assisted living establishment.
26 Section 95. Conversion of sheltered care facilities.
27 Entities licensed as sheltered care facilities under the
28 Nursing Home Care Act may elect to convert their sheltered
29 care license to a license under this Act.
30 Section 100. Application of Act. All establishments
31 licensed under this Act shall obtain and maintain all other
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1 licenses, permits, certificates, and other governmental
2 approvals required of it, except that a licensed assisted
3 living or shared housing establishment is exempt from the
4 provisions of the Illinois Health Facilities Planning Act and
5 the Nursing Home Care Act. All establishments licensed under
6 this Act shall comply with the requirements of all local,
7 State, federal, and other applicable laws, rules, and
8 ordinances and the National Fire Protection Association's
9 Life Safety Code.
10 Section 105. Senior Housing Regulatory Fund. There is
11 created in the State treasury a special fund to be known as
12 the Senior Housing Regulatory Fund. All moneys received by
13 the Department under this Act shall be deposited into the
14 Fund. Subject to appropriation, moneys in the Fund shall be
15 used for the administration of this Act. Interest earned on
16 moneys in the Fund shall be deposited into the Fund.
17 Section 110. Report of the Department.
18 (a) The Department shall conduct a study or contract for
19 the conducting of a study to review the effects of this Act
20 on the availability of housing for seniors. The study shall
21 evaluate whether (i) sufficient housing exists to meet the
22 needs of Illinois seniors for housing, (ii) the services
23 available under this Act meet the needs of Illinois seniors,
24 (iii) the private sector marketplace is an adequate supplier
25 of housing with services for seniors, and (iv) any other
26 consideration the Department deems relevant.
27 (b) The study shall be completed and its findings and
28 recommendations reported to the General Assembly no later
29 than January 1, 2005.
30 Section 115. Severability. The provisions of this Act
31 are severable under Section 1.31 of the Statute on Statutes.
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1 Section 190. The Illinois Health Facilities Planning Act
2 is amended by changing Section 3 as follows:
3 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
4 Sec. 3. As used in this Act:
5 "Health care facilities" means and includes the following
6 facilities and organizations:
7 1. An ambulatory surgical treatment center required
8 to be licensed pursuant to the Ambulatory Surgical
9 Treatment Center Act;
10 2. An institution, place, building, or agency
11 required to be licensed pursuant to the Hospital
12 Licensing Act;
13 3. Any institution required to be licensed pursuant
14 to the Nursing Home Care Act;
15 4. Hospitals, nursing homes, ambulatory surgical
16 treatment centers, or kidney disease treatment centers
17 maintained by the State or any department or agency
18 thereof; and
19 5. Skilled and intermediate long term care
20 facilities licensed under the Nursing Home Care Act; and
21 6. Kidney disease treatment centers, including a
22 free-standing hemodialysis unit.
23 No federally owned facility shall be subject to the
24 provisions of this Act, nor facilities used solely for
25 healing by prayer or spiritual means.
26 No facility licensed under the Supportive Residences
27 Licensing Act or licensed under the Senior Housing with
28 Services Act shall be subject to the provisions of this Act.
29 A facility designated as a supportive living facility
30 that is in good standing with the demonstration project
31 established under Section 5-5.01a of the Illinois Public Aid
32 Code shall not be subject to the provisions of this Act.
33 This Act does not apply to facilities granted waivers
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1 under Section 3-102.2 of the Nursing Home Care Act. However,
2 if a demonstration project under that Act applies for a
3 certificate of need to convert to a nursing facility, it
4 shall meet the licensure and certificate of need requirements
5 in effect as of the date of application.
6 With the exception of those health care facilities
7 specifically included in this Section, nothing in this Act
8 shall be intended to include facilities operated as a part of
9 the practice of a physician or other licensed health care
10 professional, whether practicing in his individual capacity
11 or within the legal structure of any partnership, medical or
12 professional corporation, or unincorporated medical or
13 professional group. Further, this Act shall not apply to
14 physicians or other licensed health care professional's
15 practices where such practices are carried out in a portion
16 of a health care facility under contract with such health
17 care facility by a physician or by other licensed health care
18 professionals, whether practicing in his individual capacity
19 or within the legal structure of any partnership, medical or
20 professional corporation, or unincorporated medical or
21 professional groups. This Act shall apply to construction or
22 modification and to establishment by such health care
23 facility of such contracted portion which is subject to
24 facility licensing requirements, irrespective of the party
25 responsible for such action or attendant financial
26 obligation.
27 "Person" means any one or more natural persons, legal
28 entities, governmental bodies other than federal, or any
29 combination thereof.
30 "Consumer" means any person other than a person (a) whose
31 major occupation currently involves or whose official
32 capacity within the last 12 months has involved the
33 providing, administering or financing of any type of health
34 care facility, (b) who is engaged in health research or the
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1 teaching of health, (c) who has a material financial interest
2 in any activity which involves the providing, administering
3 or financing of any type of health care facility, or (d) who
4 is or ever has been a member of the immediate family of the
5 person defined by (a), (b), or (c).
6 "State Board" means the Health Facilities Planning Board.
7 "Construction or modification" means the establishment,
8 erection, building, alteration, reconstruction,
9 modernization, improvement, extension, discontinuation,
10 change of ownership, of or by a health care facility, or the
11 purchase or acquisition by or through a health care facility
12 of equipment or service for diagnostic or therapeutic
13 purposes or for facility administration or operation, or any
14 capital expenditure made by or on behalf of a health care
15 facility which exceeds the capital expenditure minimum.
16 "Establish" means the construction of a health care
17 facility or the replacement of an existing facility on
18 another site.
19 "Major medical equipment" means medical equipment which
20 is used for the provision of medical and other health
21 services and which costs in excess of the capital expenditure
22 minimum, except that such term does not include medical
23 equipment acquired by or on behalf of a clinical laboratory
24 to provide clinical laboratory services if the clinical
25 laboratory is independent of a physician's office and a
26 hospital and it has been determined under Title XVIII of the
27 Social Security Act to meet the requirements of paragraphs
28 (10) and (11) of Section 1861(s) of such Act. In determining
29 whether medical equipment has a value in excess of the
30 capital expenditure minimum, the value of studies, surveys,
31 designs, plans, working drawings, specifications, and other
32 activities essential to the acquisition of such equipment
33 shall be included.
34 "Capital Expenditure" means an expenditure: (A) made by
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1 or on behalf of a health care facility (as such a facility is
2 defined in this Act); and (B) which under generally accepted
3 accounting principles is not properly chargeable as an
4 expense of operation and maintenance, or is made to obtain by
5 lease or comparable arrangement any facility or part thereof
6 or any equipment for a facility or part; and which exceeds
7 the capital expenditure minimum.
8 For the purpose of this paragraph, the cost of any
9 studies, surveys, designs, plans, working drawings,
10 specifications, and other activities essential to the
11 acquisition, improvement, expansion, or replacement of any
12 plant or equipment with respect to which an expenditure is
13 made shall be included in determining if such expenditure
14 exceeds the capital expenditures minimum. Donations of
15 equipment or facilities to a health care facility which if
16 acquired directly by such facility would be subject to review
17 under this Act shall be considered capital expenditures, and
18 a transfer of equipment or facilities for less than fair
19 market value shall be considered a capital expenditure for
20 purposes of this Act if a transfer of the equipment or
21 facilities at fair market value would be subject to review.
22 "Capital expenditure minimum" means $1,000,000 for major
23 medical equipment and $2,000,000 for all other capital
24 expenditures, both of which shall be annually adjusted to
25 reflect the increase in construction costs due to inflation.
26 "Areawide" means a major area of the State delineated on
27 a geographic, demographic, and functional basis for health
28 planning and for health service and having within it one or
29 more local areas for health planning and health service. The
30 term "region", as contrasted with the term "subregion", and
31 the word "area" may be used synonymously with the term
32 "areawide".
33 "Local" means a subarea of a delineated major area that
34 on a geographic, demographic, and functional basis may be
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1 considered to be part of such major area. The term
2 "subregion" may be used synonymously with the term "local".
3 "Areawide health planning organization" or "Comprehensive
4 health planning organization" means the health systems agency
5 designated by the Secretary, Department of Health and Human
6 Services or any successor agency.
7 "Local health planning organization" means those local
8 health planning organizations that are designated as such by
9 the areawide health planning organization of the appropriate
10 area.
11 "Physician" means a person licensed to practice in
12 accordance with the Medical Practice Act of 1987, as amended.
13 "Licensed health care professional" means a person
14 licensed to practice a health profession under pertinent
15 licensing statutes of the State of Illinois.
16 "Director" means the Director of the Illinois Department
17 of Public Health.
18 "Agency" means the Illinois Department of Public Health.
19 "Comprehensive health planning" means health planning
20 concerned with the total population and all health and
21 associated problems that affect the well-being of people and
22 that encompasses health services, health manpower, and health
23 facilities; and the coordination among these and with those
24 social, economic, and environmental factors that affect
25 health.
26 "Alternative health care model" means a facility or
27 program authorized under the Alternative Health Care Delivery
28 Act.
29 (Source: P.A. 89-499, eff. 6-28-96; 89-530, eff. 7-19-96;
30 90-14, eff. 7-1-97.)
31 Section 191. The State Finance Act is amended by adding
32 Section 5.480 as follows:
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1 (30 ILCS 105/5.480 new)
2 Sec. 5.480. The Senior Housing Regulatory Fund.
3 Section 192. The Nursing Home Care Act is amended by
4 changing Section 1-113 as follows:
5 (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
6 Sec. 1-113. "Facility" or "long-term care facility"
7 means a private home, institution, building, residence, or
8 any other place, whether operated for profit or not, or a
9 county home for the infirm and chronically ill operated
10 pursuant to Division 5-21 or 5-22 of the Counties Code, or
11 any similar institution operated by a political subdivision
12 of the State of Illinois, which provides, through its
13 ownership or management, personal care, sheltered care or
14 nursing for 3 or more persons, not related to the applicant
15 or owner by blood or marriage. It includes skilled nursing
16 facilities and intermediate care facilities as those terms
17 are defined in Title XVIII and Title XIX of the Federal
18 Social Security Act.
19 "Facility" does not include the following:
20 (1) A home, institution, or other place operated by the
21 federal government or agency thereof, or by the State of
22 Illinois;
23 (2) A hospital, sanitarium, or other institution whose
24 principal activity or business is the diagnosis, care, and
25 treatment of human illness through the maintenance and
26 operation as organized facilities therefor, which is required
27 to be licensed under the Hospital Licensing Act;
28 (3) Any "facility for child care" as defined in the
29 Child Care Act of 1969;
30 (4) Any "Community Living Facility" as defined in the
31 Community Living Facilities Licensing Act;
32 (5) Any "community residential alternative" as defined
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1 in the Community Residential Alternatives Licensing Act;
2 (6) Any nursing home or sanatorium operated solely by
3 and for persons who rely exclusively upon treatment by
4 spiritual means through prayer, in accordance with the creed
5 or tenets of any well-recognized church or religious
6 denomination. However, such nursing home or sanatorium shall
7 comply with all local laws and rules relating to sanitation
8 and safety;
9 (7) Any facility licensed by the Department of Human
10 Services as a community-integrated living arrangement as
11 defined in the Community-Integrated Living Arrangements
12 Licensure and Certification Act;
13 (8) Any "Supportive Residence" licensed under the
14 Supportive Residences Licensing Act; or
15 (9) Any "supportive living facility" in good standing
16 with the demonstration project established under Section
17 5-5.01a of the Illinois Public Aid Code; or.
18 (10) Any assisted living or shared housing establishment
19 licensed under the Senior Housing with Services Act.
20 (Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
21 90-14, eff. 7-1-97.)
22 Section 193. The Health Care Worker Background Check Act
23 is amended by changing Section 15 as follows:
24 (225 ILCS 46/15)
25 Sec. 15. Definitions. For the purposes of this Act, the
26 following definitions apply:
27 "Applicant" means an individual seeking employment with a
28 health care employer who has received a bona fide conditional
29 offer of employment.
30 "Conditional offer of employment" means a bona fide offer
31 of employment by a health care employer to an applicant,
32 which is contingent upon the receipt of a report from the
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1 Department of State Police indicating that the applicant does
2 not have a record of conviction of any of the criminal
3 offenses enumerated in Section 25.
4 "Direct care" means the provision of nursing care or
5 assistance with meals, dressing, movement, bathing, or other
6 personal needs or maintenance, or general supervision and
7 oversight of the physical and mental well-being of an
8 individual who is incapable of managing his or her person
9 whether or not a guardian has been appointed for that
10 individual.
11 "Health care employer" means:
12 (1) the owner or licensee of any of the following:
13 (i) a community living facility, as defined in the
14 Community Living Facilities Act;
15 (ii) a life care facility, as defined in the Life
16 Care Facilities Act;
17 (iii) a long-term care facility, as defined in the
18 Nursing Home Care Act;
19 (iv) a home health agency, as defined in the Home
20 Health Agency Licensing Act;
21 (v) a full hospice, as defined in the Hospice
22 Program Licensing Act;
23 (vi) a hospital, as defined in the Hospital
24 Licensing Act;
25 (vii) a community residential alternative, as
26 defined in the Community Residential Alternatives
27 Licensing Act;
28 (viii) a nurse agency, as defined in the Nurse
29 Agency Licensing Act;
30 (ix) a respite care provider, as defined in the
31 Respite Program Act;
32 (x) an establishment licensed under the Senior
33 Housing with Services Act;
34 (2) a day training program certified by the Department
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1 of Human Services; or
2 (3) a community integrated living arrangement operated
3 by a community mental health and developmental service
4 agency, as defined in the Community-Integrated Living
5 Arrangements Licensing and Certification Act.
6 "Initiate" means the obtaining of the authorization for a
7 record check from a student, applicant, or employee. The
8 educational entity or health care employer or its designee
9 shall transmit all necessary information and fees to the
10 Illinois State Police within 10 working days after receipt of
11 the authorization.
12 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
13 89-674, eff. 8-14-96; 90-14, eff. 7-1-97.)
14 Section 199. Effective date. This Section, Section 1,
15 Section 10, Section 70, and Section 75 of this Act take
16 effect upon becoming law; the remaining provisions of this
17 Act take effect January 1, 2000.".