|
||||
Public Act 096-0975 |
||||
| ||||
| ||||
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 10, 20, 30, and 110 as follows: | ||||
(210 ILCS 9/10) | ||||
(Text of Section before amendment by P.A. 96-339 ) | ||||
Sec. 10. Definitions. For purposes of this Act: | ||||
"Activities of daily living" means eating, dressing, | ||||
bathing, toileting,
transferring, or personal
hygiene. | ||||
"Advisory Board" means the Assisted Living and Shared | ||||
Housing Standards and Quality of Life Advisory Board. | ||||
"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: | ||||
(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; | ||||
(2) community-based residential care for persons who | ||||
need assistance with
activities of
daily living, including |
personal, supportive, and intermittent
health-related | ||
services available 24 hours per day, if needed, to meet the
| ||
scheduled
and
unscheduled needs of a resident; | ||
(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
| ||
resident's
representative; and | ||
(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
| ||
residents
choose to share a unit. Sufficient common space | ||
shall exist to permit
individual and
group activities. | ||
"Assisted living establishment" or "establishment" does | ||
not mean any of the
following: | ||
(1) A home, institution, or similar place operated by | ||
the federal
government or the
State of Illinois. | ||
(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
|
living. If
the long term care facility elects to do so, the | ||
facility shall retain the
Certificate of
Need for its | ||
nursing and sheltered care beds that were converted. | ||
(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. | ||
(4) A facility for child care as defined in the Child | ||
Care Act of 1969. | ||
(5) A community living facility as defined in the | ||
Community Living
Facilities
Licensing Act. | ||
(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. | ||
(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. | ||
(8) A supportive residence licensed under the | ||
Supportive Residences
Licensing Act. | ||
(9) The portion of 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. | ||
(10) A free-standing hospice facility licensed under | ||
the Hospice Program
Licensing Act. | ||
(11) A shared housing establishment. | ||
(12) A supportive living facility as described in | ||
Section 5-5.01a of the
Illinois Public Aid
Code. | ||
"Department" means the Department of Public Health. | ||
"Director" means the Director of Public Health. | ||
"Emergency situation" means imminent danger of death or | ||
serious physical
harm to a
resident of an establishment. | ||
"License" means any of the following types of licenses | ||
issued to an applicant
or licensee by the
Department: | ||
(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
| ||
transfer in accordance with Section 50 of this Act. | ||
(2) "Regular license" means a license issued by the | ||
Department to an
applicant or
licensee that is in
| ||
substantial compliance with this Act and any rules | ||
promulgated
under this Act. | ||
"Licensee" means a person, agency, association, | ||
corporation, partnership, or
organization that
has been issued | ||
a license to operate an assisted living or shared housing
| ||
establishment. | ||
"Licensed health care professional" means a registered | ||
professional nurse,
an advanced practice nurse, a physician |
assistant, and a licensed practical
nurse. | ||
"Mandatory services" include the following: | ||
(1) 3 meals per day available to the residents prepared | ||
by the
establishment or an
outside contractor; | ||
(2) housekeeping services including, but not limited | ||
to, vacuuming,
dusting, and
cleaning the resident's unit; | ||
(3) personal laundry and linen services available to | ||
the residents
provided
or arranged
for by the | ||
establishment; | ||
(4) security provided 24 hours each day including, but | ||
not limited to,
locked entrances
or building or contract | ||
security personnel; | ||
(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
| ||
response vendor, or others able to respond to his or her | ||
need for assistance;
and | ||
(6) assistance with activities of daily living as | ||
required by each
resident. | ||
"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. | ||
"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
| ||
living or shared
housing establishment, except that if the | ||
person who owns the physical plant is
an affiliate of the
| ||
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
| ||
establishment, the
person who owns the physical plant shall | ||
incur jointly and severally with the
owner all liabilities
| ||
imposed on an owner under this Act. | ||
"Physician" means a person licensed
under the Medical | ||
Practice Act of 1987
to practice medicine in all of its
| ||
branches. | ||
"Resident" means a person residing in an assisted living or | ||
shared housing
establishment. | ||
"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 | ||
representative form
specified by the Department. | ||
"Self" means the individual or the individual's designated | ||
representative. | ||
"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: | ||
(1) services consistent with a social model that is | ||
based on the premise
that the resident's unit is his or her | ||
own home; | ||
(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 | ||
(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. | ||
"Shared housing establishment" or "establishment" does not | ||
mean any of the
following: | ||
(1) A home, institution, or similar place operated by | ||
the federal
government or the State of Illinois. |
(2) A long term care facility licensed under the | ||
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. | ||
(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. | ||
(4) A facility for child care as defined in the Child | ||
Care Act of 1969. | ||
(5) A community living facility as defined in the | ||
Community Living
Facilities Licensing Act. | ||
(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. | ||
(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. | ||
(8) A supportive residence licensed under the | ||
Supportive Residences
Licensing Act. | ||
(9) A life care facility as defined in the Life Care |
Facilities Act; a
life care facility may apply under this | ||
Act to convert sections of the
community to assisted | ||
living. | ||
(10) A free-standing hospice facility licensed under | ||
the Hospice Program
Licensing Act. | ||
(11) An assisted living establishment. | ||
(12) A supportive living facility as described in | ||
Section 5-5.01a of the
Illinois Public Aid Code. | ||
"Total assistance" means that staff or another individual | ||
performs the entire
activity of daily
living without | ||
participation by the resident. | ||
(Source: P.A. 95-216, eff. 8-16-07.) | ||
(Text of Section after amendment by P.A. 96-339 ) | ||
Sec. 10. Definitions. For purposes of this Act: | ||
"Activities of daily living" means eating, dressing, | ||
bathing, toileting,
transferring, or personal
hygiene. | ||
"Advisory Board" means the Assisted Living and Shared | ||
Housing Standards and Quality of Life Advisory Board. | ||
"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: | ||
(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; | ||
(2) community-based residential care for persons who | ||
need assistance with
activities of
daily living, including | ||
personal, supportive, and intermittent
health-related | ||
services available 24 hours per day, if needed, to meet the
| ||
scheduled
and
unscheduled needs of a resident; | ||
(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
| ||
resident's
representative; and | ||
(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
| ||
residents
choose to share a unit. Sufficient common space | ||
shall exist to permit
individual and
group activities. | ||
"Assisted living establishment" or "establishment" does | ||
not mean any of the
following: | ||
(1) A home, institution, or similar place operated by |
the federal
government or the
State of Illinois. | ||
(2) A long term care facility licensed under the | ||
Nursing Home Care Act or a facility licensed under the | ||
MR/DD Community Care Act.
However, a
facility licensed | ||
under either of those Acts may convert distinct parts of | ||
the facility to assisted
living. If
the facility elects to | ||
do so, the facility shall retain the
Certificate of
Need | ||
for its nursing and sheltered care beds that were | ||
converted. | ||
(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. | ||
(4) A facility for child care as defined in the Child | ||
Care Act of 1969. | ||
(5) A community living facility as defined in the | ||
Community Living
Facilities
Licensing Act. | ||
(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. | ||
(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. |
(8) A supportive residence licensed under the | ||
Supportive Residences
Licensing Act. | ||
(9) The portion of 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. | ||
(10) A free-standing hospice facility licensed under | ||
the Hospice Program
Licensing Act. | ||
(11) A shared housing establishment. | ||
(12) A supportive living facility as described in | ||
Section 5-5.01a of the
Illinois Public Aid
Code. | ||
"Department" means the Department of Public Health. | ||
"Director" means the Director of Public Health. | ||
"Emergency situation" means imminent danger of death or | ||
serious physical
harm to a
resident of an establishment. | ||
"License" means any of the following types of licenses | ||
issued to an applicant
or licensee by the
Department: | ||
(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
| ||
transfer in accordance with Section 50 of this Act. | ||
(2) "Regular license" means a license issued by the | ||
Department to an
applicant or
licensee that is in
| ||
substantial compliance with this Act and any rules | ||
promulgated
under this Act. |
"Licensee" means a person, agency, association, | ||
corporation, partnership, or
organization that
has been issued | ||
a license to operate an assisted living or shared housing
| ||
establishment. | ||
"Licensed health care professional" means a registered | ||
professional nurse,
an advanced practice nurse, a physician | ||
assistant, and a licensed practical
nurse. | ||
"Mandatory services" include the following: | ||
(1) 3 meals per day available to the residents prepared | ||
by the
establishment or an
outside contractor; | ||
(2) housekeeping services including, but not limited | ||
to, vacuuming,
dusting, and
cleaning the resident's unit; | ||
(3) personal laundry and linen services available to | ||
the residents
provided
or arranged
for by the | ||
establishment; | ||
(4) security provided 24 hours each day including, but | ||
not limited to,
locked entrances
or building or contract | ||
security personnel; | ||
(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
| ||
response vendor, or others able to respond to his or her | ||
need for assistance;
and | ||
(6) assistance with activities of daily living as | ||
required by each
resident. | ||
"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. | ||
"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
| ||
living or shared
housing establishment, except that if the | ||
person who owns the physical plant is
an affiliate of the
| ||
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
| ||
establishment, the
person who owns the physical plant shall | ||
incur jointly and severally with the
owner all liabilities
| ||
imposed on an owner under this Act. | ||
"Physician" means a person licensed
under the Medical | ||
Practice Act of 1987
to practice medicine in all of its
| ||
branches. | ||
"Resident" means a person residing in an assisted living or | ||
shared housing
establishment. |
"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 | ||
representative form
specified by the Department. | ||
"Self" means the individual or the individual's designated | ||
representative. | ||
"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: | ||
(1) services consistent with a social model that is | ||
based on the premise
that the resident's unit is his or her | ||
own home; | ||
(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 | ||
(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. | ||
"Shared housing establishment" or "establishment" does not | ||
mean any of the
following: | ||
(1) A home, institution, or similar place operated by | ||
the federal
government or the State of Illinois. | ||
(2) A long term care facility licensed under the | ||
Nursing Home Care Act or a facility licensed under the | ||
MR/DD Community Care Act.
A facility licensed under either | ||
of those Acts may, however, convert sections of the | ||
facility to
assisted living. If the facility elects to do | ||
so, the facility
shall retain the Certificate of Need for | ||
its nursing beds that were
converted. | ||
(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. | ||
(4) A facility for child care as defined in the Child | ||
Care Act of 1969. | ||
(5) A community living facility as defined in the | ||
Community Living
Facilities Licensing Act. | ||
(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. |
(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. | ||
(8) A supportive residence licensed under the | ||
Supportive Residences
Licensing Act. | ||
(9) A life care facility as defined in the Life Care | ||
Facilities Act; a
life care facility may apply under this | ||
Act to convert sections of the
community to assisted | ||
living. | ||
(10) A free-standing hospice facility licensed under | ||
the Hospice Program
Licensing Act. | ||
(11) An assisted living establishment. | ||
(12) A supportive living facility as described in | ||
Section 5-5.01a of the
Illinois Public Aid Code. | ||
"Total assistance" means that staff or another individual | ||
performs the entire
activity of daily
living without | ||
participation by the resident. | ||
(Source: P.A. 95-216, eff. 8-16-07; 96-339, eff. 7-1-10.)
| ||
(210 ILCS 9/20)
| ||
Sec. 20. Construction and operating standards. The | ||
Department , in consultation with the Advisory Board, shall | ||
prescribe
minimum standards for
establishments. These | ||
standards shall include:
| ||
(1) the location and construction of the |
establishment, including
plumbing,
heating, lighting,
| ||
ventilation, and other physical conditions which shall | ||
ensure the health,
safety, and comfort
of residents and | ||
their protection from fire hazards; these standards shall
| ||
include, at a minimum, compliance with the residential | ||
board and care
occupancies chapter of the National Fire | ||
Protection Association's Life Safety
Code, local and State | ||
building codes for the building
type, and accessibility | ||
standards of the Americans with Disabilities Act;
| ||
(2) the number and qualifications of all personnel | ||
having responsibility
for
any part of the services provided | ||
for
residents;
| ||
(3) all sanitary conditions within the establishment | ||
and its surroundings,
including water supply,
sewage | ||
disposal, food handling, infection control, and general | ||
hygiene, which
shall ensure the
health and
comfort of | ||
residents;
| ||
(4) a program for adequate maintenance of physical | ||
plant and equipment;
| ||
(5) adequate accommodations, staff, and services for | ||
the number and types
of residents for whom
the | ||
establishment is licensed;
| ||
(6) the development of evacuation and other | ||
appropriate safety plans for
use
during weather, health,
| ||
fire, physical plant, environmental, and national defense | ||
emergencies; and
|
(7) the maintenance of minimum financial and other | ||
resources necessary to
meet
the standards
established | ||
under this Section and to operate the
establishment in | ||
accordance with this Act.
| ||
(Source: P.A. 91-656, eff. 1-1-01.)
| ||
(210 ILCS 9/30)
| ||
Sec. 30. Licensing.
| ||
(a) The Department , in consultation with the Advisory | ||
Board, shall
establish
by rule forms,
procedures, and fees for | ||
the annual licensing of assisted living and shared
housing
| ||
establishments; shall establish and enforce sanctions and | ||
penalties for
operating in violation
of this Act, as provided | ||
in Section 135 of this Act and rules
adopted under
Section 110 | ||
of this Act. The Department shall conduct an annual on-site
| ||
review
for
each
establishment covered by this Act, which shall | ||
include, but not be limited to,
compliance with
this Act and | ||
rules adopted hereunder, focus on solving resident issues
and | ||
concerns,
and the quality improvement process implemented by | ||
the establishment to address
resident
issues. The quality | ||
improvement process implemented by the establishment must
| ||
benchmark performance, be customer centered, be data driven, | ||
and focus on
resident
satisfaction.
| ||
(b) An establishment shall provide the following | ||
information to the
Department
to be considered for licensure:
| ||
(1) the business name, street address, mailing |
address, and telephone
number 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, identification of the type of
business | ||
entity
of the owners, and the names and addresses of the | ||
officers and members of the
governing body, or comparable | ||
persons for partnerships, limited liability
companies, or | ||
other types of business organizations;
| ||
(3) financial information, content and form to be | ||
determined by rules
which may provide different standards | ||
for assisted living establishments and
shared housing | ||
establishments,
establishing that the project is | ||
financially feasible;
| ||
(4) the name and mailing address of the managing agent | ||
of the
establishment, whether
hired under a management | ||
agreement or lease agreement, if different from the
owner | ||
or owners, and the name of the full-time director;
| ||
(5) verification that the establishment has entered or | ||
will enter into a
service delivery
contract as provided in | ||
Section 90, as required under this Act, with each
resident | ||
or
resident's representative;
| ||
(6) the name and address of at least one natural person | ||
who shall be
responsible for
dealing with the Department on | ||
all matters provided for in this Act, on whom
personal | ||
service of all notices and orders shall be made, and who | ||
shall be
authorized
to accept service on behalf of the |
owner or owners and the managing agent.
Notwithstanding a | ||
contrary provision of the Code of Civil Procedure, personal
| ||
service on the person identified pursuant to this | ||
subsection shall be
considered
service on the owner or | ||
owners and the managing agent, and it shall not be a
| ||
defense to any action that personal service was not made on | ||
each individual or
entity;
| ||
(7) the signature of the authorized representative of | ||
the owner or
owners;
| ||
(8) proof of an ongoing quality improvement program in | ||
accordance with
rules adopted
by the Department in | ||
collaboration with the Advisory Board ;
| ||
(9) information about the number and types of units, | ||
the maximum census,
and the
services to be provided at the | ||
establishment, proof of compliance with
applicable
State | ||
and local residential standards, and a copy of the standard | ||
contract
offered to
residents;
| ||
(10) documentation of adequate liability insurance; | ||
and
| ||
(11) other information necessary to determine the | ||
identity and
qualifications of an
applicant or licensee to | ||
operate an
establishment in
accordance with this Act as | ||
required by the Department by rule.
| ||
(c) The information in the statement of ownership shall be | ||
public
information and shall be
available from the Department.
| ||
(Source: P.A. 91-656, eff. 1-1-01.)
|
(210 ILCS 9/110) | ||
Sec. 110. Powers and duties of the Department. | ||
(a) The Department shall conduct an annual unannounced | ||
on-site visit at
each
assisted living and shared
housing | ||
establishment to determine compliance with applicable | ||
licensure
requirements and
standards. Additional visits may be | ||
conducted without prior notice to the
assisted living
or shared | ||
housing
establishment. | ||
(b) Upon receipt of information that may indicate the | ||
failure of the
assisted living or shared housing
establishment | ||
or a service provider to comply with a provision of this Act,
| ||
the Department shall
investigate the matter or make appropriate | ||
referrals to other government
agencies and entities having
| ||
jurisdiction over the subject matter of the possible violation. | ||
The Department
may also make
referrals to any public or private | ||
agency that the Department considers
available for appropriate
| ||
assistance to those involved. The Department may oversee and | ||
coordinate the
enforcement of State
consumer protection | ||
policies affecting residents residing in an establishment
| ||
licensed under this Act. | ||
(c) The Department shall establish by rule complaint | ||
receipt,
investigation,
resolution, and involuntary
residency | ||
termination procedures. Resolution procedures shall provide | ||
for
on-site review and
evaluation of an assisted living or | ||
shared housing establishment found to be
in violation of this |
Act
within a specified period of time based on the gravity and | ||
severity of the
violation and any pervasive
pattern of | ||
occurrences of the same or similar violations. | ||
(d) (Blank). The Governor shall establish an Assisted | ||
Living and Shared Housing Standards and Quality of Life
| ||
Advisory Board. | ||
(e) The Department shall by rule establish penalties and | ||
sanctions, which
shall include, but need not be limited to,
the | ||
creation of a schedule of graduated penalties and sanctions to | ||
include
closure. | ||
(f) The Department shall by rule establish procedures for | ||
disclosure of
information to the public, which
shall include, | ||
but not be limited to, ownership, licensure status, frequency | ||
of
complaints, disposition of
substantiated complaints, and | ||
disciplinary actions. | ||
(g) (Blank). | ||
(h) Beginning January 1, 2000, the Department shall begin | ||
drafting rules
necessary for the administration
of this Act. | ||
(Source: P.A. 93-1003, eff. 8-23-04.)
| ||
(210 ILCS 9/125 rep.)
| ||
Section 10. The Assisted Living and Shared Housing Act is | ||
amended by repealing Section 125.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|