|
|
Public Act 095-0590
|
| HB1611 Enrolled |
LRB095 08901 DRJ 29088 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 35 and 45 as follows:
|
(210 ILCS 9/35)
|
Sec. 35. Issuance of license.
|
(a) Upon receipt and review of an application for a license |
and review of
the applicant establishment, the Director may |
issue a license if he or she
finds:
|
(1) that the individual applicant, or the corporation, |
partnership, or
other entity if the applicant is not an |
individual, is a person responsible and
suitable to operate |
or to direct or participate in the operation of an
|
establishment by virtue of financial capacity, appropriate |
business or
professional experience, a record of lawful |
compliance with lawful orders of
the Department
and lack of |
revocation of a license issued under this Act or the |
Nursing Home
Care Act
during the previous 5 years;
|
(2) that the establishment is under the supervision of |
a full-time
director who is at least 21 years of age with |
ability, training, and education
appropriate to meet the |
needs of the residents and to manage the operations of
the |
|
establishment and who participates in ongoing training for |
these purposes;
|
(3) that the establishment has staff sufficient in |
number with
qualifications, adequate skills, education, |
and experience to meet the 24 hour
scheduled and |
unscheduled needs of residents and who participate in |
ongoing
training to serve the resident population;
|
(4) that direct care staff meet the requirements of the |
Health Care Worker
Background Check Act;
|
(5) that the applicant is in substantial compliance |
with this Act and such
other requirements for a
license as |
the Department by rule may establish under this Act;
|
(6) that the applicant pays all required fees;
|
(7) that the applicant has provided to the Department |
an accurate
disclosure document in
accordance with the |
Alzheimer's Special Care Disclosure Act and in
substantial |
compliance with Section 150 of this Act.
|
Any license issued by the Director shall state the physical |
location of the
establishment, the date the license was issued, |
and the expiration date. All
licenses shall be valid for one |
year, except as provided in Sections
Section 40 and 45. Each
|
license shall be issued only for the premises and persons named |
in the
application, and shall not be transferable or |
assignable.
|
(Source: P.A. 93-141, eff. 7-10-03.)
|
|
(210 ILCS 9/45)
|
Sec. 45. Renewal of licenses. At least 120 days, but not |
more than 150
days prior to license
expiration, the licensee |
shall submit an application for renewal of the license
in such |
form
and containing such information as the Department |
requires. If the application
is approved, and if the licensee |
(i) has not committed a Type 1 violation in the preceding 24 |
months, (ii) has not committed a Type 2 violation in the |
preceding 24 months, (iii) has not had an inspection, review, |
or evaluation that resulted in a finding of 10 or more Type 3 |
violations in the preceding 24 months, and (iv) the licensee |
has not admitted or retained a resident in violation of Section |
75 of this Act in the preceding 24 months, the Department may |
renew the license for an additional period of 2 years. If a |
licensee whose license has been renewed for 2 years under this |
Section subsequently fails to meet any of the conditions set |
forth in items (i), (ii), and (iii), then, in addition to any |
other sanctions that the Department may impose under this Act, |
the Department shall revoke the 2-year license and replace it |
with a one-year license until the licensee again meets all of |
the conditions set forth in items (i), (ii), and (iii)
the |
license shall be renewed for an additional one-year period. If |
appropriate,
the renewal
application shall not be approved |
unless the applicant has provided to the
Department an
accurate |
disclosure document in accordance with the Alzheimer's Special |
Care
Disclosure
Act. If the application for renewal is not |