Illinois General Assembly - Full Text of Public Act 094-0256
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Public Act 094-0256




Public Act 094-0256
HB0700 Enrolled LRB094 04956 DRJ 37832 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Assisted Living and Shared Housing Act is
amended by changing Sections 70, 75, and 90 as follows:
    (210 ILCS 9/70)
    Sec. 70. Service requirements. An establishment must
provide all mandatory services and may provide optional
services, including medication reminders, supervision of
self-administered medication and medication administration as
defined by this Section and nonmedical services defined by
rule, whether provided directly by the establishment or by
another entity arranged for by the establishment with the
consent of the resident or the resident's representative.
    For the purposes of this Section, "medication reminders"
means reminding residents to take pre-dispensed,
self-administered medication, observing the resident, and
documenting whether or not the resident took the medication.
    For the purposes of this Section, "supervision of
self-administered medication" means assisting the resident
with self-administered medication using any combination of the
following: reminding residents to take medication, reading the
medication label to residents, checking the self-administered
medication dosage against the label of the medication,
confirming that residents have obtained and are taking the
dosage as prescribed, and documenting in writing that the
resident has taken (or refused to take) the medication. If
residents are physically unable to open the container, the
container may be opened for them. Supervision of
self-administered medication shall be under the direction of a
licensed health care professional.
    For the purposes of this Section, "medication
administration" refers to a licensed health care professional
employed by an establishment engaging in administering routine
insulin and vitamin B-12 injections, oral medications, topical
treatments, eye and ear drops, or nitroglycerin patches.
Non-licensed staff may not administer any medication.
    The Department shall specify by rule procedures for
medication reminders, supervision of self-administered
medication, and medication administration.
    Nothing in this Act shall preclude a physician licensed to
practice medicine in all its branches from providing services
to any resident.
(Source: P.A. 91-656, eff. 1-1-01.)
    (210 ILCS 9/75)
    Sec. 75. Residency Requirements.
    (a) No individual shall be accepted for residency or remain
in residence if the establishment cannot provide or secure
appropriate services, if the individual requires a level of
service or type of service for which the establishment is not
licensed or which the establishment does not provide, or if the
establishment does not have the staff appropriate in numbers
and with appropriate skill to provide such services.
    (b) Only adults may be accepted for residency.
    (c) A person shall not be accepted for residency if:
        (1) the person poses a serious threat to himself or
    herself or to others;
        (2) the person is not able to communicate his or her
    needs and no resident representative residing in the
    establishment, and with a prior relationship to the person,
    has been appointed to direct the provision of services;
        (3) the person requires total assistance with 2 or more
    activities of daily living;
        (4) the person requires the assistance of more than one
    paid caregiver at any given time with an activity of daily
        (5) the person requires more than minimal assistance in
    moving to a safe area in an emergency;
        (6) the person has a severe mental illness, which for
    the purposes of this Section means a condition that is
    characterized by the presence of a major mental disorder as
    classified in the Diagnostic and Statistical Manual of
    Mental Disorders, Fourth Edition (DSM-IV) (American
    Psychiatric Association, 1994), where the individual is
    substantially disabled due to mental illness in the areas
    of self-maintenance, social functioning, activities of
    community living and work skills, and the disability
    specified is expected to be present for a period of not
    less than one year, but does not mean Alzheimer's disease
    and other forms of dementia based on organic or physical
        (7) the person requires intravenous therapy or
    intravenous feedings unless self-administered or
    administered by a qualified, licensed health care
        (8) the person requires gastrostomy feedings unless
    self-administered or administered by a licensed health
    care professional;
        (9) the person requires insertion, sterile irrigation,
    and replacement of catheter, except for routine
    maintenance of urinary catheters, unless the catheter care
    is self-administered or administered by a licensed health
    care professional;
        (10) the person requires sterile wound care unless care
    is self-administered or administered by a licensed health
    care professional;
        (11) the person requires sliding scale insulin
    administration unless self-performed or administered by a
    licensed health care professional;
        (12) the person is a diabetic requiring routine insulin
    injections unless the injections are self-administered or
    administered by a licensed health care professional;
        (13) the person requires treatment of stage 3 or stage
    4 decubitus ulcers or exfoliative dermatitis;
        (14) the person requires 5 or more skilled nursing
    visits per week for conditions other than those listed in
    items (13) and (15) of this subsection for a period of 3
    consecutive weeks or more except when the course of
    treatment is expected to extend beyond a 3 week period for
    rehabilitative purposes and is certified as temporary by a
    physician; or
        (15) other reasons prescribed by the Department by
    (d) A resident with a condition listed in items (1) through
(15) of subsection (c) shall have his or her residency
    (e) Residency shall be terminated when services available
to the resident in the establishment are no longer adequate to
meet the needs of the resident. This provision shall not be
interpreted as limiting the authority of the Department to
require the residency termination of individuals.
    (f) Subsection (d) of this Section shall not apply to
terminally ill residents who receive or would qualify for
hospice care and such care is coordinated by a hospice licensed
under the Hospice Program Licensing Act or other licensed
health care professional employed by a licensed home health
agency and the establishment and all parties agree to the
continued residency.
    (g) Items (3), (4), (5), and (9) of subsection (c) shall
not apply to a quadriplegic, paraplegic, or individual with
neuro-muscular diseases, such as muscular dystrophy and
multiple sclerosis, or other chronic diseases and conditions as
defined by rule if the individual is able to communicate his or
her needs and does not require assistance with complex medical
problems, and the establishment is able to accommodate the
individual's needs. The Department shall prescribe rules
pursuant to this Section that address special safety and
service needs of these individuals.
    (h) For the purposes of items (7) through (10) (11) of
subsection (c), a licensed health care professional may not be
employed by the owner or operator of the establishment, its
parent entity, or any other entity with ownership common to
either the owner or operator of the establishment or parent
entity, including but not limited to an affiliate of the owner
or operator of the establishment. Nothing in this Section is
meant to limit a resident's right to choose his or her health
care provider.
(Source: P.A. 93-141, eff. 7-10-03.)
    (210 ILCS 9/90)
    Sec. 90. Contents of service delivery contract. A contract
between an establishment and a resident must be entitled
"assisted living establishment contract" or "shared housing
establishment contract" as applicable, shall be printed in no
less than 12 point type, and shall include at least the
following elements in the body or through supporting documents
or attachments:
        (1) the name, street address, and mailing address of
    the establishment;
        (2) the name and mailing address of the owner or owners
    of the establishment and, if the owner or owners are not
    natural persons, the type of business entity of the owner
    or owners;
        (3) the name and mailing address of the managing agent
    of the establishment, whether hired under a management
    agreement or lease agreement, if the managing agent is
    different from the owner or owners;
        (4) the name and address of at least one natural person
    who is authorized to accept service on behalf of the owners
    and managing agent;
        (5) a statement describing the license status of the
    establishment and the license status of all providers of
    health-related or supportive services to a resident under
    arrangement with the establishment;
        (6) the duration of the contract;
        (7) the base rate to be paid by the resident and a
    description of the services to be provided as part of this
        (8) a description of any additional services to be
    provided for an additional fee by the establishment
    directly or by a third party provider under arrangement
    with the establishment;
        (9) the fee schedules outlining the cost of any
    additional services;
        (10) a description of the process through which the
    contract may be modified, amended, or terminated;
        (11) a description of the establishment's complaint
    resolution process available to residents and notice of the
    availability of the Department on Aging's Senior Helpline
    for complaints;
        (12) the name of the resident's designated
    representative, if any;
        (13) the resident's obligations in order to maintain
    residency and receive services including compliance with
    all assessments required under Section 15;
        (14) the billing and payment procedures and
        (15) a statement affirming the resident's freedom to
    receive services from service providers with whom the
    establishment does not have a contractual arrangement,
    which may also disclaim liability on the part of the
    establishment for those services;
        (16) a statement that medical assistance under Article
    V or Article VI of the Illinois Public Aid Code is not
    available for payment for services provided in an
    establishment, excluding contracts executed with residents
    residing in licensed establishments participating in the
    Department on Aging's Comprehensive Care in Residential
    Settings Demonstration Project;
        (17) a statement detailing the admission, risk
    management, and residency termination criteria and
        (18) a statement listing the rights specified in
    Section 95 and acknowledging that, by contracting with the
    assisted living or shared housing establishment, the
    resident does not forfeit those rights; and
        (19) a statement detailing the Department's annual
    on-site review process including what documents contained
    in a resident's personal file shall be reviewed by the
    on-site reviewer as defined by rule; and .
        (20) a statement outlining whether the establishment
    charges a community fee and, if so, the amount of the fee
    and whether it is refundable; if the fee is refundable, the
    contract must describe the conditions under which it is
    refundable and how the amount of the refund is determined.
(Source: P.A. 93-775, eff. 1-1-05.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/19/2005