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Public Act 103-0444


Public Act 0444 103RD GENERAL ASSEMBLY



Public Act 103-0444
HB3172 EnrolledLRB103 30461 AWJ 56894 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 75 as follows:
    (210 ILCS 9/75)
    Sec. 75. Residency Requirements.
    (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.
    (b) Only adults may be accepted for residency.
    (c) A person shall not be accepted for residency if:
        (1) the person poses a serious threat to himself or
    herself or to others;
        (2) the person is not able to communicate his or her
    needs and no resident representative residing in the
    establishment, and with a prior relationship to the
    person, has been appointed to direct the provision of
        (3) the person requires total assistance with 2 or
    more activities of daily living;
        (4) the person requires the assistance of more than
    one paid caregiver at any given time with an activity of
    daily living;
        (5) the person requires more than minimal assistance
    in moving to a safe area in an emergency;
        (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 a
    person with a substantial disability due to mental illness
    in the areas of self-maintenance, social functioning,
    activities of community living and work skills, and the
    disability 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;
        (7) the person requires intravenous therapy or
    intravenous feedings unless self-administered or
    administered by a qualified, licensed health care
        (8) the person requires gastrostomy feedings unless
    self-administered or administered by a licensed health
    care professional;
        (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;
        (10) the person requires sterile wound care unless
    care is self-administered or administered by a licensed
    health care professional;
        (11) (blank); the person requires sliding scale
    insulin administration unless self-performed or
    administered by a licensed health care professional;
        (12) the person is a diabetic requiring routine
    insulin injections unless the injections are
    self-administered or administered by a licensed health
    care professional;
        (13) the person requires treatment of stage 3 or stage
    4 decubitus ulcers or exfoliative dermatitis;
        (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
    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
    physician; or
        (15) other reasons prescribed by the Department by
    (d) A resident with a condition listed in items (1)
through (15) of subsection (c) shall have his or her residency
    (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.
    (f) Subsection (d) of this Section shall not apply to
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.
    (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
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 problems, and the establishment is able to accommodate
the individual's needs. The Department shall prescribe rules
pursuant to this Section that address special safety and
service needs of these individuals.
    (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
meant to limit a resident's right to choose his or her health
care provider.
    (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.
(Source: P.A. 99-143, eff. 7-27-15.)

Effective Date: 1/1/2024