Public Act 095-0651
 
HB1729 Enrolled LRB095 09624 RAS 29824 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 Section 160 as follows:
 
    (210 ILCS 9/160)
    Sec. 160. Assisted Living and Shared Housing Regulatory
Fund. There is created in the State treasury a special fund to
be known as the Assisted Living and Shared Housing Regulatory
Fund. All moneys received by the Department under this Act and
the Board and Care Home Registration Act shall be deposited
into the Fund. Subject to appropriation, moneys in the Fund
shall be used for the administration of this Act and the Board
and Care Home Registration Act. Interest earned on moneys in
the Fund shall be deposited into the Fund.
(Source: P.A. 94-21, eff. 1-1-06.)
 
    Section 10. The Hospital Licensing Act is amended by
changing Section 6.09 as follows:
 
    (210 ILCS 85/6.09)  (from Ch. 111 1/2, par. 147.09)
    Sec. 6.09. (a) In order to facilitate the orderly
transition of aged and disabled patients from hospitals to
post-hospital care, whenever a patient who qualifies for the
federal Medicare program is hospitalized, the patient shall be
notified of discharge at least 24 hours prior to discharge from
the hospital. With regard to pending discharges to a skilled
nursing facility or if home health services are ordered, the
hospital must inform its designated case coordination unit, as
defined in 89 Ill. Adm. Code 240.260, of the pending discharge
and must provide the patient with the case coordination unit's
telephone number and other contact information.
    (b) Every hospital shall develop procedures for a physician
with medical staff privileges at the hospital or any
appropriate medical staff member to provide the discharge
notice prescribed in subsection (a) of this Section. The
procedures must include prohibitions against discharging or
referring a patient to any of the following if unlicensed,
uncertified, or unregistered: (i) a board and care facility, as
defined in the Board and Care Home Registration Act; (ii) an
assisted living and shared housing establishment, as defined in
the Assisted Living and Shared Housing Act; (iii) a facility
licensed under the Nursing Home Care Act; (iv) a supportive
living facility, as defined in Section 5-5.01a of the Illinois
Public Aid Code; or (v) a free-standing hospice facility
licensed under the Hospice Program Licensing Act if licensure,
certification, or registration is required. The Department of
Public Health shall annually provide hospitals with a list of
licensed, certified, or registered board and care facilities,
assisted living and shared housing establishments, nursing
homes, supportive living facilities, and hospice facilities.
Reliance upon this list by a hospital shall satisfy compliance
with this requirement. The procedure may also include a waiver
for any case in which a discharge notice is not feasible due to
a short length of stay in the hospital by the patient, or for
any case in which the patient voluntarily desires to leave the
hospital before the expiration of the 24 hour period.
    (c) At least 24 hours prior to discharge from the hospital,
the patient shall receive written information on the patient's
right to appeal the discharge pursuant to the federal Medicare
program, including the steps to follow to appeal the discharge
and the appropriate telephone number to call in case the
patient intends to appeal the discharge.
(Source: P.A. 94-335, eff. 7-26-05.)
 
    Section 15. The Board and Care Home Registration Act is
amended by changing Sections 1, 2a, 3, and 7 as follows:
 
    (225 ILCS 7/1)
    Sec. 1. Short title. This Act may be cited as the Board and
Care Home Registration Act.
(Source: P.A. 89-387, eff. 8-20-95.)
 
    (225 ILCS 7/2a)
    Sec. 2a. Staff. The staff of the facility may provide room,
housekeeping, meals, protective oversight and other types of
assistance to the residents, as permitted under the Assisted
Living and Shared Housing Act.
(Source: P.A. 89-387, eff. 8-20-95.)
 
    (225 ILCS 7/3)
    Sec. 3. Licensure Registration.
    (a) Every board and care home located in this State shall
be licensed by register with the Department. Registration shall
be in the form prescribed by the Department as a shared housing
or assisted living establishment under the Assisted Living and
Shared Housing Act. and shall include the following:
        (1) The name, address, and telephone number of the
    facility.
        (2) The name, address, and telephone number of the
    owner of the facility.
        (3) The number of residents of the facility.
        (4) A registration fee, as determined, by the
    Department.
    (b) (Blank). Every registration issued under this Act shall
be valid for 2 years. Upon renewal, the facility must re-apply
and meet the registration requirements under this Section.
    (c) (Blank). The Department shall promulgate rules to
protect the rights and safety of the residents and to enforce
the provisions of this Act.
    (d) No public official, agent, or employee may place any
person in, or recommend that any person be placed in, or
directly or indirectly cause any person to be placed in any
board and care home that is not licensed as an assisted living
or shared housing establishment registered.
    (e) No public official, agent, or employee may place the
name of an unlicensed unregistered establishment that is
required to be licensed registered under this Act on a list of
programs.
    (f) Failure of a board and care home to comply with the
provisions of this Section is punishable by a fine of up to
$1,000.
    (g) Failure of a board and care home to comply with the
provisions of this Section within 90 days after the initial
finding of noncompliance is punishable by a fine of $1,000 on
each day the provisions of this Section are not complied with.
(Source: P.A. 94-21, eff. 1-1-06.)
 
    (225 ILCS 7/7)
    Sec. 7. Assisted Living and Shared Housing Regulatory Fund.
All licensure registration fees and fines collected pursuant to
the provisions of this Act shall be deposited into the Assisted
Living and Shared Housing Regulatory Fund. Subject to
appropriation, moneys deposited into the Fund shall be used for
the administration of this Act and the Assisted Living and
Shared Housing Act.
(Source: P.A. 94-21, eff. 1-1-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 10/11/2007