Illinois General Assembly - Full Text of Public Act 095-0628
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Public Act 095-0628




Public Act 095-0628
HB1775 Enrolled LRB095 07137 DRJ 27264 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 125 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 and
    has a high school diploma or equivalent plus either:
            (A) 2 years of management experience or 2 years of
        experience in positions of progressive responsibility
        in health care, housing with services, or adult day
        care or providing similar services to the elderly; or
            (B) 2 years of management experience or 2 years of
        experience in positions of progressive responsibility
        in hospitality and training in health care and housing
        with services management as defined by rule 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.
    In addition to any other requirements set forth in this
Act, as a condition of licensure under this Act, the director
of an establishment must participate in at least 20 hours of
training every 2 years to assist him or her in better meeting
the needs of the residents of the establishment and manage the
operation of the establishment.
    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 Section 40. 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 9/125)
    Sec. 125. Assisted Living and Shared Housing Standards and
Quality of Life Advisory Board.
    (a) The Director Governor shall appoint the Assisted Living
and Shared Housing Standards and Quality of Life Advisory Board
which shall be responsible for advising the Director in all
aspects of the administration of the Act. The Board shall give
advice to the Department concerning activities of the assisted
living ombudsman and all other matters deemed relevant by the
Director and to the Director concerning the delivery of
personal care services, the unique needs and concerns of
seniors residing in housing projects, and all other issues
affecting the quality of life of residents.
    (b) The Board shall be comprised of the following persons:
        (1) the Director who shall serve as chair, ex officio
    and nonvoting;
        (2) the Director of Aging who shall serve as
    vice-chair, ex officio and nonvoting;
        (3) one representative each of the Departments of
    Public Health, Healthcare and Family Services Public Aid,
    and Human Services, the Office of the State Fire Marshal,
    and the Illinois Housing Development Authority, and 2
    representatives of the Department on Aging, all nonvoting
        (4) the State Ombudsman or his or her designee;
        (5) one representative of the Association of Area
    Agencies on Aging;
        (6) four members selected from the recommendations by
    provider organizations whose membership consist of nursing
    care or assisted living establishments;
        (7) one member selected from the recommendations of
    provider organizations whose membership consists of home
    health agencies;
        (8) two residents of assisted living or shared housing
        (9) three members selected from the recommendations of
    consumer organizations which engage solely in advocacy or
    legal representation on behalf of the senior population;
        (10) one member who shall be a physician;
        (11) one member who shall be a registered professional
    nurse selected from the recommendations of professional
    nursing associations;
        (12) two citizen members with expertise in the area of
    gerontology research or legal research regarding
    implementation of assisted living statutes;
        (13) two members representing providers of community
    care services; and
        (14) one member representing agencies providing case
    coordination services.
    (c) Members of the Board appointed under paragraphs (5)
through (14) of subsection (b) shall be appointed to serve for
terms of 3 years except as otherwise provided in this Section.
All members shall be appointed by January 1, 2001, except that
the 2 members representing the Department on Aging appointed
under paragraph (3) of subsection (b) and the members appointed
under paragraphs (13) and (14) of subsection (b) shall be
appointed by January 1, 2005. One third of the Board members'
initial terms shall expire in one year; one third in 2 years,
and one third in 3 years. Of the 3 members appointed under
paragraphs (13) and (14) of subsection (b), one shall serve for
an initial term of one year, one shall serve for an initial
term of 2 years, and one shall serve for an initial term of 3
years. A member's term does not expire until a successor is
appointed by the Director Governor. Any member appointed to
fill a vacancy occurring prior to the expiration of the term
for which his or her predecessor was appointed shall be
appointed for the remainder of that term. The Board shall meet
at the call of the Director. The affirmative vote of 10 members
of the Board shall be necessary for Board action. Members of
this Board shall receive no compensation for their services,
however, resident members shall be reimbursed for their actual
    (d) The Board shall be provided copies of all
administrative rules and changes to administrative rules for
review and comment prior to notice being given to the public.
If the Board, having been asked for its review, fails to advise
the Department within 90 days, the rules shall be considered
acted upon.
(Source: P.A. 93-1003, eff. 8-23-04; revised 12-15-05.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 9/25/2007