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Public Act 095-0216
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| HB1646 Enrolled |
LRB095 09425 DRJ 29622 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Assisted Living and Shared Housing Act is |
amended by changing Sections 10 and 75 as follows:
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(210 ILCS 9/10)
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Sec. 10. Definitions. For purposes of this Act:
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"Activities of daily living" means eating, dressing, |
bathing, toileting,
transferring, or personal
hygiene.
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"Advisory Board" means the Assisted Living and Shared |
Housing Standards and Quality of Life Advisory Board.
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"Assisted living establishment" or "establishment" means a |
home, building,
residence, or any
other place where sleeping |
accommodations are provided for at least 3
unrelated adults,
at |
least 80% of whom are 55 years of age or older and where the |
following are
provided
consistent with the purposes of this |
Act:
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(1) services consistent with a social model that is |
based on the premise
that the
resident's unit in assisted |
living and shared housing is his or her own home;
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(2) community-based residential care for persons who |
need assistance with
activities of
daily living, including |
personal, supportive, and intermittent
health-related |
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services available 24 hours per day, if needed, to meet the
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scheduled
and
unscheduled needs of a resident;
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(3) mandatory services, whether provided directly by |
the establishment or
by another
entity arranged for by the |
establishment, with the consent of the resident or
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resident's
representative; and
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(4) a physical environment that is a homelike
setting |
that
includes the following and such other elements as |
established by the Department
in
conjunction with the |
Assisted Living and Shared Housing Standards and Quality of |
Life Advisory Board:
individual living units each of which |
shall accommodate small kitchen
appliances
and contain |
private bathing, washing, and toilet facilities, or |
private washing
and
toilet facilities with a common bathing |
room readily accessible to each
resident.
Units shall be |
maintained for single occupancy except in cases in which 2
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residents
choose to share a unit. Sufficient common space |
shall exist to permit
individual and
group activities.
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"Assisted living establishment" or "establishment" does |
not mean any of the
following:
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(1) A home, institution, or similar place operated by |
the federal
government or the
State of Illinois.
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(2) A long term care facility licensed under the |
Nursing Home Care Act.
However, a
long term care facility |
may convert distinct parts of the facility to assisted
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living. If
the long term care facility elects to do so, the |
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facility shall retain the
Certificate of
Need for its |
nursing and sheltered care beds that were converted.
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(3) A hospital, sanitarium, or other institution, the |
principal activity
or business of
which is the diagnosis, |
care, and treatment of human illness and that is
required |
to
be licensed under the Hospital Licensing Act.
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(4) A facility for child care as defined in the Child |
Care Act of 1969.
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(5) A community living facility as defined in the |
Community Living
Facilities
Licensing Act.
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(6) A nursing home or sanitarium operated solely by and |
for persons who
rely
exclusively upon treatment by |
spiritual means through prayer in accordance with
the creed |
or tenants of a well-recognized church or religious |
denomination.
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(7) A facility licensed by the Department of Human |
Services as a
community-integrated living arrangement as |
defined in the Community-Integrated
Living
Arrangements |
Licensure and Certification Act.
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(8) A supportive residence licensed under the |
Supportive Residences
Licensing Act.
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(9) The portion of a
A life care facility as defined in |
the Life Care Facilities Act not licensed as an assisted |
living establishment under this Act; a
life care facility |
may
apply under this Act to convert sections of the |
community to assisted living.
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(10) A free-standing hospice facility licensed under |
the Hospice Program
Licensing Act.
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(11) A shared housing establishment.
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(12) A supportive living facility as described in |
Section 5-5.01a of the
Illinois Public Aid
Code.
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"Department" means the Department of Public Health.
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"Director" means the Director of Public Health.
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"Emergency situation" means imminent danger of death or |
serious physical
harm to a
resident of an establishment.
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"License" means any of the following types of licenses |
issued to an applicant
or licensee by the
Department:
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(1) "Probationary license" means a license issued to an |
applicant or
licensee
that has not
held a license under |
this Act prior to its application or pursuant to a license
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transfer in accordance with Section 50 of this Act.
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(2) "Regular license" means a license issued by the |
Department to an
applicant or
licensee that is in
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substantial compliance with this Act and any rules |
promulgated
under this Act.
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"Licensee" means a person, agency, association, |
corporation, partnership, or
organization that
has been issued |
a license to operate an assisted living or shared housing
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establishment.
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"Licensed health care professional" means a registered |
professional nurse,
an advanced practice nurse, a physician |
assistant, and a licensed practical
nurse.
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"Mandatory services" include the following:
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(1) 3 meals per day available to the residents prepared |
by the
establishment or an
outside contractor;
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(2) housekeeping services including, but not limited |
to, vacuuming,
dusting, and
cleaning the resident's unit;
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(3) personal laundry and linen services available to |
the residents
provided
or arranged
for by the |
establishment;
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(4) security provided 24 hours each day including, but |
not limited to,
locked entrances
or building or contract |
security personnel;
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(5) an emergency communication response system, which |
is a procedure in
place 24
hours each day by which a |
resident can notify building management, an emergency
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response vendor, or others able to respond to his or her |
need for assistance;
and
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(6) assistance with activities of daily living as |
required by each
resident.
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"Negotiated risk" is the process by which a resident, or |
his or her
representative,
may formally
negotiate with |
providers what risks each are willing and unwilling to assume |
in
service provision
and the resident's living environment. The |
provider assures that the resident
and the
resident's |
representative, if any, are informed of the risks of these |
decisions
and of
the potential
consequences of assuming these |
risks.
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"Owner" means the individual, partnership, corporation, |
association, or other
person who owns
an assisted living or |
shared housing establishment. In the event an assisted
living |
or shared
housing establishment is operated by a person who |
leases or manages the
physical plant, which is
owned by another |
person, "owner" means the person who operates the assisted
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living or shared
housing establishment, except that if the |
person who owns the physical plant is
an affiliate of the
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person who operates the assisted living or shared housing |
establishment and has
significant
control over the day to day |
operations of the assisted living or shared housing
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establishment, the
person who owns the physical plant shall |
incur jointly and severally with the
owner all liabilities
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imposed on an owner under this Act.
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"Physician" means a person licensed
under the Medical |
Practice Act of 1987
to practice medicine in all of its
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branches.
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"Resident" means a person residing in an assisted living or |
shared housing
establishment.
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"Resident's representative" means a person, other than the |
owner, agent, or
employee of an
establishment or of the health |
care provider unless related to the resident,
designated in |
writing by a
resident to be his or her
representative. This |
designation may be accomplished through the Illinois
Power of |
Attorney Act, pursuant to the guardianship process under the |
Probate
Act of 1975, or pursuant to an executed designation of |
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representative form
specified by the Department.
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"Self" means the individual or the individual's designated |
representative.
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"Shared housing establishment" or "establishment" means a |
publicly or
privately operated free-standing
residence for 16 |
or fewer persons, at least 80% of whom are 55
years of age or |
older
and who are unrelated to the owners and one manager of |
the residence, where
the following are provided:
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(1) services consistent with a social model that is |
based on the premise
that the resident's unit is his or her |
own home;
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(2) community-based residential care for persons who |
need assistance with
activities of daily living, including |
housing and personal, supportive, and
intermittent |
health-related services available 24 hours per day, if |
needed, to
meet the scheduled and unscheduled needs of a |
resident; and
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(3) mandatory services, 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.
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"Shared housing establishment" or "establishment" does not |
mean any of the
following:
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(1) A home, institution, or similar place operated by |
the federal
government or the State of Illinois.
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(2) A long term care facility licensed under the |
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Nursing Home Care Act.
A long term care facility may, |
however, convert sections of the facility to
assisted |
living. If the long term care facility elects to do so, the |
facility
shall retain the Certificate of Need for its |
nursing beds that were
converted.
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(3) A hospital, sanitarium, or other institution, the |
principal activity
or business of which is the diagnosis, |
care, and treatment of human illness and
that is required |
to be licensed under the Hospital Licensing Act.
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(4) A facility for child care as defined in the Child |
Care Act of 1969.
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(5) A community living facility as defined in the |
Community Living
Facilities Licensing Act.
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(6) A nursing home or sanitarium operated solely by and |
for persons who
rely exclusively upon treatment by |
spiritual means through prayer in accordance
with the creed |
or tenants of a well-recognized church or religious
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denomination.
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(7) A facility licensed by the Department of Human |
Services as a
community-integrated
living arrangement as |
defined in the Community-Integrated
Living Arrangements |
Licensure and Certification Act.
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(8) A supportive residence licensed under the |
Supportive Residences
Licensing Act.
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(9) A life care facility as defined in the Life Care |
Facilities Act; a
life care facility may apply under this |
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Act to convert sections of the
community to assisted |
living.
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(10) A free-standing hospice facility licensed under |
the Hospice Program
Licensing Act.
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(11) An assisted living establishment.
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(12) A supportive living facility as described in |
Section 5-5.01a of the
Illinois Public Aid Code.
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"Total assistance" means that staff or another individual |
performs the entire
activity of daily
living without |
participation by the resident.
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(Source: P.A. 93-1003, eff. 8-23-04.)
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(210 ILCS 9/75)
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Sec. 75. Residency Requirements.
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(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.
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(b) Only adults may be accepted for residency.
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(c) A person shall not be accepted for residency if:
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(1) the person poses a serious threat to himself or |
herself or to others;
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(2) the person is not able to communicate his or her |
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needs and no
resident representative
residing in the |
establishment, and with a prior relationship to the person,
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has been appointed to direct the provision of
services;
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(3) the person requires total assistance with 2 or more |
activities of
daily
living;
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(4) the person requires the assistance of more than one |
paid caregiver at
any given time
with an activity of daily |
living;
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(5) the person requires more than minimal assistance in |
moving to a safe
area in an
emergency;
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(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
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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 |
disorders;
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(7) the person requires intravenous therapy or |
intravenous feedings
unless self-administered or |
administered by a qualified, licensed health care
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professional;
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(8) the person requires gastrostomy feedings unless |
self-administered or
administered
by a licensed health |
care professional;
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(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;
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(10) the person requires sterile wound care unless care |
is
self-administered or
administered by a licensed health |
care professional;
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(11) the person requires sliding scale insulin |
administration unless
self-performed or
administered by a |
licensed health care professional;
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(12) the person is a diabetic requiring routine insulin |
injections unless
the injections
are self-administered or |
administered by a licensed health care professional;
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(13) the person requires treatment of stage 3 or stage |
4 decubitus ulcers
or exfoliative
dermatitis;
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(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
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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 |
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physician; or
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(15) other reasons prescribed by the Department by |
rule.
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(d) A resident with a condition listed in items (1) through |
(15) of
subsection (c) shall have
his or her residency |
terminated.
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(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.
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(f) Subsection (d) of this Section shall not apply to
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terminally
ill residents who
receive or would qualify for |
hospice care and such care is coordinated by
a hospice program |
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.
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(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
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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
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problems, and the establishment is able to accommodate the |
individual's needs.
The Department shall prescribe rules |
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pursuant to this Section that address
special safety and |
service needs of these individuals.
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(h) For the purposes of items (7) through (10) 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
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meant to limit a resident's right to
choose his or her health |
care provider.
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(i) Subsection (h) is not applicable to residents admitted |
to an assisted living establishment under a life care contract |
as defined in the Life Care Facilities Act if the life care |
facility has both an assisted living establishment and a |
skilled nursing facility. A licensed health care professional |
providing health-related or supportive services at a life care |
assisted living or shared housing establishment must be |
employed by an entity licensed by the Department under the |
Nursing Home Care Act or the Home Health, Home Services, and |
Home Nursing Agency Licensing Act.
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(Source: P.A. 93-141, eff. 7-10-03; 94-256, eff. 7-19-05; |
94-570, eff. 8-12-05; revised 8-19-05.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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