Public Act 90-0341 of the 90th General Assembly
Public Act 90-0341
HB1486 Enrolled LRB9003987DPmg
AN ACT to create the Alzheimer's Special Care Disclosure
Act, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Alzheimer's Special Care Disclosure Act.
Section 5. Legislative purpose. This Body finds it to
be in the public interest to promote the highest standard of
medical care currently available to people suffering from
Alzheimer's disease without restricting the future
implementation of treatment options that may become
available through ongoing research. It is further in the
public interest to protect consumers from false claims of
specialized care of Alzheimer's disease. Therefore, the
General Assembly declares it to be the purpose of this Act to
require health care facilities offering specialized care in
the treatment of Alzheimer's disease to fully inform the
public regarding the facility and program of care.
Section 10. Facility defined. As used in this Act,
"facility" means a facility licensed or permitted under the
Nursing Home Care Act, the Life Care Facility Act, or the
Community Living Facilities Licensing Act.
Section 15. Disclosure requirements. A facility that
offers to provide care for persons with Alzheimer's disease
through an Alzheimer's special care unit or center shall
disclose to a State agency responsible for licensing or
permitting the facility or to a potential or actual client of
the facility the following information in writing on request
of the Agency or client:
(1) the form of care or treatment that
distinguishes the facility as suitable for persons with
Alzheimer's disease;
(2) the philosophy of the facility concerning the
care or treatment of persons with Alzheimer's disease;
(3) the facility's pre-admission, admission, and
discharge procedures;
(4) the facility's assessment, care planning, and
implementation guidelines in the care and treatment of
persons with Alzheimer's disease;
(5) the facility's minimum and maximum staffing
ratios, specifying the general licensed health care
provider to client ratio and the trainee health care
provider to client ratio;
(6) the facility's physical environment;
(7) activities available to clients at the
facility;
(8) the role of family members in the care of
clients at the facility; and
(9) the costs of care and treatment under the
program or at the center.
Section 20. A facility that offers to provide care for
persons with Alzheimer's disease through an Alzheimer's
special care unit or center shall, within 180 days of the
effective date of this Act, provide to the State agency
responsible for licensing or permitting the facility the
disclosure document prepared by a facility in accordance with
Section 15. The State agency shall review the document for
accuracy as part of the license or permit renewal
requirements under the appropriate Act.
Section 25. Penalties. A facility that violates a
provision of this Act shall be guilty of a business offense,
subject to a fine not to exceed $500 for a first offense and
a fine not to exceed $1,000 for a second or subsequent
offense.
Section 60. The Community Living Facilities Licensing
Act is amended by changing Section 9 as follows:
(210 ILCS 35/9) (from Ch. 111 1/2, par. 4189)
Sec. 9. Regular licenses.
(1) A regular license shall be valid for a one-year
period from the date of authorization. A license is not
transferable.
(2) Within 120 to 150 days prior to the date of
expiration of the license, the licensee shall apply to the
Department for renewal of the license. The procedure for
renewing a valid license for a Community Living Facility
shall be the same as for applying for the initial license,
pursuant to subsections (1) through (4) of Section 7 of this
Act. If the Department has determined on the basis of
available documentation that the Community Living Facility is
in substantial compliance with this Act and the rules
promulgated under this Act, and has provided to the
Department an accurate disclosure document in accordance with
the Alzheimer's Special Care Disclosure Act, it shall renew
the regular license for another one-year period.
(3) Whenever ownership of a facility is transferred from
the licensee to any other person, agency, association,
corporation, partnership, or organization, the transferree
must obtain a new probationary license. The transferree shall
notify the Department of the transfer and apply for a new
license at least 30 days prior to final transfer. The
requirement for an on-site inspection in Section 7 may be
waived if the Department has conducted a survey of the
Community Living Facility within the past 60 days and the
survey disclosed substantial compliance with this Act and
rules and regulations promulgated hereunder.
(Source: P.A. 82-567.)
Section 65. The Life Care Facilities Act is amended by
changing Section 6 as follows:
(210 ILCS 40/6) (from Ch. 111 1/2, par. 4160-6)
Sec. 6. Upon receipt of the completed application and
exhibits and payment of the fee by the applicant, and proof
of compliance by the applicant with the provisions of Section
7, the Director shall issue a permit to the provider, subject
to the conditions imposed pursuant to Section 7, allowing the
provider to enter into life care contracts with respect to
the number of living units and facility described in the
application.
A permit issued pursuant to this Act shall remain in full
force, subject to the provisions of this Act, and shall
contain in a prominent location a statement that the issuance
of such permit neither constitutes approval, recommendation
or endorsement by the Department or Director nor evidences
the accuracy or completeness of the information furnished to
the Department. A permit may be revoked by the Department if
the facility fails to provide to the Department an accurate
disclosure document in accordance with the Alzheimer's
Special Care Disclosure Act.
All permits shall be nontransferable.
(Source: P.A. 82-547.)
Section 70. The Nursing Home Care Act is amended by
changing Section 3-115 as follows:
(210 ILCS 45/3-115) (from Ch. 111 1/2, par. 4153-115)
Sec. 3-115. 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, the license shall be renewed for
an additional one-year period. The renewal application for a
sheltered care or long-term care facility 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 application for
renewal is not timely filed, the Department shall so inform
the licensee.
(Source: P.A. 81-223.)