Bill Text: IL HB2755 | 2015-2016 | 99th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the MC/DD Act. Provides that long-term care for under age 22 facilities shall be licensed as medically complex for the developmentally disabled facilities under the MC/DD Act instead of the ID/DD Community Care Act. Makes the provisions in the MC/DD Act substantially the same as those in the ID/DD Community Care Act, including provisions for the rights of residents and responsibilities of facilities, licensing, violations and penalties, and transfer or discharge of residents. Amends various Acts to make conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Contains a nonacceleration provision. Effective July 1, 2015.

Spectrum: Slight Partisan Bill (Democrat 17-6)

Status: (Passed) 2015-07-29 - Public Act . . . . . . . . . 99-0180 [HB2755 Detail]

Download: Illinois-2015-HB2755-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE I. SHORT TITLE, PRIOR LAW, AND DEFINITIONS
Section 1-101. Short title. This Act may be cited as the
MC/DD Act.
Section 1-101.05. Prior law.
(a) This Act provides for the licensure of medically
complex for the developmentally disabled facilities. On and
after the effective date of this Act, long-term care for under
age 22 facilities shall be known and licensed as medically
complex for the developmentally disabled facilities under this
Act instead of the ID/DD Community Care Act. On the effective
date of this Act, any long-term care for under age 22 facility
that holds a valid license on the effective date of this Act
shall be granted a license as a medically complex for the
developmentally disabled facility and shall not be licensed as
a long-term care for under age 22 facility under the ID/DD
Community Care Act.
(b) If any other Act of the General Assembly changes, adds,
or repeals a provision of the ID/DD Community Care Act that is
the same as or substantially similar to a provision of this

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Act, then that change, addition, or repeal in the ID/DD
Community Care Act shall be construed together with this Act
until July 1, 2015 and not thereafter.
(c) Nothing in this Act affects the validity or effect of
any finding, decision, or action made or taken by the
Department or the Director under the ID/DD Community Care Act
before the effective date of this Act with respect to a
facility subject to licensure under this Act. That finding,
decision, or action shall continue to apply to the facility on
and after the effective date of this Act. Any finding,
decision, or action with respect to the facility made or taken
on or after the effective date of this Act shall be made or
taken as provided in this Act.
Section 1-102. Definitions. For the purposes of this Act,
unless the context otherwise requires, the terms defined in
this Article have the meanings ascribed to them herein.
Section 1-103. Abuse. "Abuse" means any physical or mental
injury or sexual assault inflicted on a resident other than by
accidental means in a facility.
Section 1-104. Access. "Access" means the right to:
(1) Enter any facility;
(2) Communicate privately and without restriction with
any resident who consents to the communication;

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(3) Seek consent to communicate privately and without
restriction with any resident;
(4) Inspect the clinical and other records of a
resident with the express written consent of the resident;
or
(5) Observe all areas of the facility except the living
area of any resident who protests the observation.
Section 1-105. Administrator. "Administrator" means a
person who is charged with the general administration and
supervision of a facility and licensed, if required, under the
Nursing Home Administrators Licensing and Disciplinary Act, as
now or hereafter amended.
Section 1-106. Affiliate. "Affiliate" means:
(1) With respect to a partnership, each partner
thereof.
(2) With respect to a corporation, each officer,
director and stockholder thereof.
(3) With respect to a natural person: any person
related in the first degree of kinship to that person; each
partnership and each partner thereof of which that person
or any affiliate of that person is a partner; and each
corporation in which that person or any affiliate of that
person is an officer, director or stockholder.

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Section 1-107. Applicant. "Applicant" means any person
making application for a license.
Section 1-108.1. Complaint classification. "Complaint
classification" means the Department shall categorize reports
about conditions, care or services in a facility into one of
three groups after an investigation:
(1) "An invalid report" means any report made under
this Act for which it is determined after an investigation
that no credible evidence of abuse, neglect or other
deficiency relating to the complaint exists;
(2) "A valid report" means a report made under this Act
if an investigation determines that some credible evidence
of the alleged abuse, neglect or other deficiency relating
to the complaint exists; and
(3) "An undetermined report" means a report made under
this Act in which it was not possible to initiate or
complete an investigation on the basis of information
provided to the Department.
Section 1-109. Department. "Department" means the
Department of Public Health.
Section 1-110. Director. "Director" means the Director of
Public Health or his or her designee.

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Section 1-111. Discharge. "Discharge" means the full
release of any resident from a facility.
Section 1-111.05. Distressed facility. "Distressed
facility" means a facility determined by the Department to be a
distressed facility pursuant to Section 3-304.2 of this Act.
Section 1-112. Emergency. "Emergency" means a situation,
physical condition or one or more practices, methods or
operations which present imminent danger of death or serious
physical or mental harm to residents of a facility.
Section 1-113. Facility. "MC/DD facility" or "facility"
means a medically complex for the developmentally disabled
facility, whether operated for profit or not, which provides,
through its ownership or management, personal care or nursing
for 3 or more persons not related to the applicant or owner by
blood or marriage.
"Facility" does not include the following:
(1) A home, institution, or other place operated by the
federal government or agency thereof, or by the State of
Illinois, other than homes, institutions, or other places
operated by or under the authority of the Illinois
Department of Veterans' Affairs;
(2) A hospital, sanitarium, or other institution whose
principal activity or business is the diagnosis, care, and

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treatment of human illness through the maintenance and
operation as organized facilities therefore, which is
required to be licensed under the Hospital Licensing Act;
(3) Any "facility for child care" as defined in the
Child Care Act of 1969;
(4) Any "community living facility" as defined in the
Community Living Facilities Licensing Act;
(5) Any "community residential alternative" as defined
in the Community Residential Alternatives Licensing Act;
(6) Any nursing home or sanatorium operated solely by
and for persons who rely exclusively upon treatment by
spiritual means through prayer, in accordance with the
creed or tenets of any well recognized church or religious
denomination. However, such nursing home or sanatorium
shall comply with all local laws and rules relating to
sanitation and safety;
(7) Any 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) Any facility licensed under the Nursing Home Care
Act;
(9) Any ID/DD facility under the ID/DD Community Care
Act;
(10) Any "supportive residence" licensed under the
Supportive Residences Licensing Act;

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(11) Any "supportive living facility" in good standing
with the program established under Section 5-5.01a of the
Illinois Public Aid Code, except only for purposes of the
employment of persons in accordance with Section 3-206.01;
(12) Any assisted living or shared housing
establishment licensed under the Assisted Living and
Shared Housing Act, except only for purposes of the
employment of persons in accordance with Section 3-206.01;
(13) An Alzheimer's disease management center
alternative health care model licensed under the
Alternative Health Care Delivery Act; or
(14) A home, institution, or other place operated by or
under the authority of the Illinois Department of Veterans'
Affairs.
Section 1-114. Guardian. "Guardian" means a person
appointed as a guardian of the person or guardian of the
estate, or both, of a resident under the "Probate Act of 1975",
as now or hereafter amended.
Section 1-114.001. Habilitation. "Habilitation" means an
effort directed toward increasing a person's level of physical,
mental, social, or economic functioning. Habilitation may
include, but is not limited to, diagnosis, evaluation, medical
services, residential care, day care, special living
arrangements, training, education, employment services,

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protective services, and counseling.
Section 1-114.01. Identified offender. "Identified
offender" means a person who meets any of the following
criteria:
(1) Has been convicted of, found guilty of, adjudicated
delinquent for, found not guilty by reason of insanity for,
or found unfit to stand trial for any felony offense listed
in Section 25 of the Health Care Worker Background Check
Act, except for the following:
(i) a felony offense described in Section 10-5 of
the Nurse Practice Act;
(ii) a felony offense described in Section 4, 5, 6,
8, or 17.02 of the Illinois Credit Card and Debit Card
Act;
(iii) a felony offense described in Section 5, 5.1,
5.2, 7, or 9 of the Cannabis Control Act;
(iv) a felony offense described in Section 401,
401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
Controlled Substances Act; and
(v) a felony offense described in the
Methamphetamine Control and Community Protection Act.
(2) Has been convicted of, adjudicated delinquent for,
found not guilty by reason of insanity for, or found unfit
to stand trial for, any sex offense as defined in
subsection (c) of Section 10 of the Sex Offender Management

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Board Act.
(3) Is any other resident as determined by the
Department of State Police.
Section 1-114.1. Immediate family. "Immediate family"
means the spouse, an adult child, a parent, an adult brother or
sister, or an adult grandchild of a person.
Section 1-114.005. High-risk designation. "High-risk
designation" means a designation of a provision of the Illinois
Administrative Code that has been identified by the Department
through rulemaking to be inherently necessary to protect the
health, safety, and welfare of a resident.
Section 1-115. Licensee. "Licensee" means the individual
or entity licensed by the Department to operate the facility.
Section 1-116. Maintenance. "Maintenance" means food,
shelter and laundry services.
Section 1-116.5. Misappropriation of a resident's
property. "Misappropriation of a resident's property" means
the deliberate misplacement, exploitation, or wrongful
temporary or permanent use of a resident's belongings or money
without the resident's consent.

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Section 1-117. Neglect. "Neglect" means a failure in a
facility to provide adequate medical or personal care or
maintenance, which failure results in physical or mental injury
to a resident or in the deterioration of a resident's physical
or mental condition.
Section 1-118. Nurse. "Nurse" means a registered nurse or a
licensed practical nurse as defined in the Nurse Practice Act.
Section 1-119. Owner. "Owner" means the individual,
partnership, corporation, association or other person who owns
a facility. In the event a facility is operated by a person who
leases the physical plant, which is owned by another person,
"owner" means the person who operates the facility, except that
if the person who owns the physical plant is an affiliate of
the person who operates the facility and has significant
control over the day to day operations of the facility, the
person who owns the physical plant shall incur jointly and
severally with the owner all liabilities imposed on an owner
under this Act.
Section 1-120. Personal care. "Personal care" means
assistance with meals, dressing, movement, bathing or other
personal needs or maintenance, or general supervision and
oversight of the physical and mental well being of an
individual, who is incapable of maintaining a private,

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independent residence or who is incapable of managing his or
her person whether or not a guardian has been appointed for
such individual.
Section 1-120.3. Provisional admission period.
"Provisional admission period" means the time between the
admission of an identified offender as defined in Section
1-114.01 of this Act and 3 days following the admitting
facility's receipt of an Identified Offender Report and
Recommendation in accordance with Section 2-201.6 of this Act.
Section 1-121. Reasonable hour. "Reasonable hour" means
any time between the hours of 10 a.m. and 8 p.m. daily.
Section 1-122. Resident. "Resident" means a person
receiving personal or medical care, including, but not limited
to, habilitation, psychiatric services, therapeutic services,
and assistance with activities of daily living from a facility.
Section 1-123. Resident's representative. "Resident's
representative" means a person other than the owner, or an
agent or employee of a facility not related to the resident,
designated in writing by a resident to be his or her
representative, or the resident's guardian, or the parent of a
minor resident for whom no guardian has been appointed.

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Section 1-125. Stockholder. "Stockholder" of a corporation
means any person who, directly or indirectly, beneficially
owns, holds or has the power to vote, at least 5% of any class
of securities issued by the corporation.
Section 1-125.1. Student intern. "Student intern" means
any person whose total term of employment in any facility
during any 12-month period is equal to or less than 90
continuous days, and whose term of employment is either:
(1) an academic credit requirement in a high school or
undergraduate institution, or
(2) immediately succeeds a full quarter, semester or
trimester of academic enrollment in either a high school or
undergraduate institution, provided that such person is
registered for another full quarter, semester or trimester
of academic enrollment in either a high school or
undergraduate institution which quarter, semester or
trimester will commence immediately following the term of
employment.
Section 1-126. Title XVIII. "Title XVIII" means Title XVIII
of the federal Social Security Act as now or hereafter amended.
Section 1-127. Title XIX. "Title XIX" means Title XIX of
the federal Social Security Act as now or hereafter amended.

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Section 1-128. Transfer. "Transfer" means a change in
status of a resident's living arrangements from one facility to
another facility.
Section 1-128.5. Type "AA" violation. A "Type 'AA'
violation" means a violation of this Act or of the rules
promulgated thereunder that creates a condition or occurrence
relating to the operation and maintenance of a facility that
proximately caused a resident's death.
Section 1-129. Type "A" violation. A "Type 'A' violation"
means a violation of this Act or of the rules promulgated
thereunder which creates a condition or occurrence relating to
the operation and maintenance of a facility that (i) creates a
substantial probability that the risk of death or serious
mental or physical harm to a resident will result therefrom or
(ii) has resulted in actual physical or mental harm to a
resident.
Section 1-130. Type "B" violation. A "Type 'B' violation"
means a violation of this Act or of the rules promulgated
thereunder which (i) creates a condition or occurrence relating
to the operation and maintenance of a facility that is more
likely than not to cause more than minimal physical or mental
harm to a resident or (ii) is specifically designated as a Type
"B" violation in this Act.

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Section 1-132. Type "C" violation. A "Type 'C' violation"
means a violation of this Act or of the rules promulgated
thereunder that creates a condition or occurrence relating to
the operation and maintenance of a facility that creates a
substantial probability that less than minimal physical or
mental harm to a resident will result therefrom.
ARTICLE II. RIGHTS AND RESPONSIBILITIES
PART 1. RESIDENT RIGHTS
Section 2-101. Constitutional and legal rights. No
resident shall be deprived of any rights, benefits, or
privileges guaranteed by law, the Constitution of the State of
Illinois, or the Constitution of the United States solely on
account of his or her status as a resident of a facility.
Section 2-101.1. Spousal impoverishment. All new residents
and their spouses shall be informed on admittance of their
spousal impoverishment rights as defined at Section 5-4 of the
Illinois Public Aid Code, as now or hereafter amended and at
Section 303 of Title III of the Medicare Catastrophic Coverage
Act of 1988 (P.L. 100-360).
Section 2-102. Financial affairs. A resident shall be

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permitted to manage his or her own financial affairs unless he
or she or his or her guardian or if the resident is a minor, his
or her parent, authorizes the administrator of the facility in
writing to manage such resident's financial affairs under
Section 2-201 of this Act.
Section 2-103. Personal property. A resident shall be
permitted to retain and use or wear his or her personal
property in his or her immediate living quarters, unless deemed
medically inappropriate by a physician and so documented in the
resident's clinical record. If clothing is provided to the
resident by the facility, it shall be of a proper fit.
The facility shall provide adequate storage space for the
personal property of the resident. The facility shall provide a
means of safeguarding small items of value for its residents in
their rooms or in any other part of the facility so long as the
residents have daily access to such valuables. The facility
shall make reasonable efforts to prevent loss and theft of
residents' property. Those efforts shall be appropriate to the
particular facility and may include, but are not limited to,
staff training and monitoring, labeling property, and frequent
property inventories. The facility shall develop procedures
for investigating complaints concerning theft of residents'
property and shall promptly investigate all such complaints.
Section 2-104. Medical treatment; records.

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(a) A resident shall be permitted to retain the services of
his or her own personal physician at his or her own expense or
under an individual or group plan of health insurance, or under
any public or private assistance program providing such
coverage. However, the facility is not liable for the
negligence of any such personal physician. Every resident shall
be permitted to obtain from his or her own physician or the
physician attached to the facility complete and current
information concerning his or her medical diagnosis, treatment
and prognosis in terms and language the resident can reasonably
be expected to understand. Every resident shall be permitted to
participate in the planning of his or her total care and
medical treatment to the extent that his or her condition
permits. No resident shall be subjected to experimental
research or treatment without first obtaining his or her
informed, written consent. The conduct of any experimental
research or treatment shall be authorized and monitored by an
institutional review board appointed by the Director. The
membership, operating procedures and review criteria for the
institutional review board shall be prescribed under rules and
regulations of the Department and shall comply with the
requirements for institutional review boards established by
the federal Food and Drug Administration. No person who has
received compensation in the prior 3 years from an entity that
manufactures, distributes, or sells pharmaceuticals,
biologics, or medical devices may serve on the institutional

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review board.
The institutional review board may approve only research or
treatment that meets the standards of the federal Food and Drug
Administration with respect to (i) the protection of human
subjects and (ii) financial disclosure by clinical
investigators. The Office of State Long Term Care Ombudsman and
the State Protection and Advocacy organization shall be given
an opportunity to comment on any request for approval before
the board makes a decision. Those entities shall not be
provided information that would allow a potential human subject
to be individually identified, unless the board asks the
Ombudsman for help in securing information from or about the
resident. The board shall require frequent reporting of the
progress of the approved research or treatment and its impact
on residents, including immediate reporting of any adverse
impact to the resident, the resident's representative, the
Office of the State Long Term Care Ombudsman, and the State
Protection and Advocacy organization. The board may not approve
any retrospective study of the records of any resident about
the safety or efficacy of any care or treatment if the resident
was under the care of the proposed researcher or a business
associate when the care or treatment was given, unless the
study is under the control of a researcher without any business
relationship to any person or entity who could benefit from the
findings of the study.
No facility shall permit experimental research or

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treatment to be conducted on a resident or give access to any
person or person's records for a retrospective study about the
safety or efficacy of any care or treatment without the prior
written approval of the institutional review board. No
administrator, or person licensed by the State to provide
medical care or treatment to any person may assist or
participate in any experimental research on or treatment of a
resident, including a retrospective study, that does not have
the prior written approval of the board. Such conduct shall be
grounds for professional discipline by the Department of
Financial and Professional Regulation.
The institutional review board may exempt from ongoing
review research or treatment initiated on a resident before the
individual's admission to a facility and for which the board
determines there is adequate ongoing oversight by another
institutional review board. Nothing in this Section shall
prevent a facility, any facility employee, or any other person
from assisting or participating in any experimental research on
or treatment of a resident if the research or treatment began
before the person's admission to a facility, until the board
has reviewed the research or treatment and decided to grant or
deny approval or to exempt the research or treatment from
ongoing review.
(b) All medical treatment and procedures shall be
administered as ordered by a physician. All new physician
orders shall be reviewed by the facility's director of nursing

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or charge nurse designee within 24 hours after such orders have
been issued to assure facility compliance with such orders.
According to rules adopted by the Department, every woman
resident of child bearing age shall receive routine obstetrical
and gynecological evaluations as well as necessary prenatal
care.
(c) Every resident shall be permitted to refuse medical
treatment and to know the consequences of such action, unless
such refusal would be harmful to the health and safety of
others and such harm is documented by a physician in the
resident's clinical record. The resident's refusal shall free
the facility from the obligation to provide the treatment.
(d) Every resident, resident's guardian, or parent if the
resident is a minor shall be permitted to inspect and copy all
his or her clinical and other records concerning his or her
care and maintenance kept by the facility or by his or her
physician. The facility may charge a reasonable fee for
duplication of a record.
Section 2-104.1. Transfer of facility ownership after
license suspension or revocation. Whenever ownership of a
private facility is transferred to another private owner
following a final order for a suspension or revocation of the
facility's license, the new owner, if the Department so
determines, shall thoroughly evaluate the condition and needs
of each resident as if each resident were being newly admitted

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to the facility. The evaluation shall include a review of the
medical record and the conduct of a physical examination of
each resident which shall be performed within 30 days after the
transfer of ownership.
Section 2-104.2. Do Not Resuscitate Orders. Every facility
licensed under this Act shall establish a policy for the
implementation of physician orders limiting resuscitation such
as those commonly referred to as "Do Not Resuscitate" orders.
This policy may only prescribe the format, method of
documentation and duration of any physician orders limiting
resuscitation. Any orders under this policy shall be honored by
the facility. The Department of Public Health Uniform DNR/POLST
form or a copy of that form or a previous version of the
uniform form shall be honored by the facility.
Section 2-105. Privacy. A resident shall be permitted
respect and privacy in his or her medical and personal care
program. Every resident's case discussion, consultation,
examination and treatment shall be confidential and shall be
conducted discreetly, and those persons not directly involved
in the resident's care must have the resident's permission to
be present.
Section 2-106. Restraints and confinements.
(a) For purposes of this Act:

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(i) A physical restraint is any manual method or
physical or mechanical device, material, or equipment
attached or adjacent to a resident's body that the resident
cannot remove easily and restricts freedom of movement or
normal access to one's body. Devices used for positioning,
including but not limited to bed rails, gait belts, and
cushions, shall not be considered to be restraints for
purposes of this Section.
(ii) A chemical restraint is any drug used for
discipline or convenience and not required to treat medical
symptoms. The Department shall by rule, designate certain
devices as restraints, including at least all those devices
which have been determined to be restraints by the United
States Department of Health and Human Services in
interpretive guidelines issued for the purposes of
administering Titles XVIII and XIX of the Social Security
Act.
(b) Neither restraints nor confinements shall be employed
for the purpose of punishment or for the convenience of any
facility personnel. No restraints or confinements shall be
employed except as ordered by a physician who documents the
need for such restraints or confinements in the resident's
clinical record. Each facility licensed under this Act must
have a written policy to address the use of restraints and
seclusion. The Department shall establish by rule the
provisions that the policy must include, which, to the extent

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practicable, should be consistent with the requirements for
participation in the federal Medicare program. Each policy
shall include periodic review of the use of restraints.
(c) A restraint may be used only with the informed consent
of the resident, the resident's guardian, or other authorized
representative. A restraint may be used only for specific
periods, if it is the least restrictive means necessary to
attain and maintain the resident's highest practicable
physical, mental or psychosocial well being, including brief
periods of time to provide necessary life saving treatment. A
restraint may be used only after consultation with appropriate
health professionals, such as occupational or physical
therapists, and a trial of less restrictive measures has led to
the determination that the use of less restrictive measures
would not attain or maintain the resident's highest practicable
physical, mental or psychosocial well being. However, if the
resident needs emergency care, restraints may be used for brief
periods to permit medical treatment to proceed unless the
facility has notice that the resident has previously made a
valid refusal of the treatment in question.
(d) A restraint may be applied only by a person trained in
the application of the particular type of restraint.
(e) Whenever a period of use of a restraint is initiated,
the resident shall be advised of his or her right to have a
person or organization of his or her choosing, including the
Guardianship and Advocacy Commission, notified of the use of

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the restraint. A recipient who is under guardianship may
request that a person or organization of his or her choosing be
notified of the restraint, whether or not the guardian approves
the notice. If the resident so chooses, the facility shall make
the notification within 24 hours, including any information
about the period of time that the restraint is to be used.
Whenever the Guardianship and Advocacy Commission is notified
that a resident has been restrained, it shall contact the
resident to determine the circumstances of the restraint and
whether further action is warranted.
(f) Whenever a restraint is used on a resident whose
primary mode of communication is sign language, the resident
shall be permitted to have his or her hands free from restraint
for brief periods each hour, except when this freedom may
result in physical harm to the resident or others.
(g) The requirements of this Section are intended to
control in any conflict with the requirements of Sections 1-126
and 2-108 of the Mental Health and Developmental Disabilities
Code.
Section 2-106.1. Drug treatment.
(a) A resident shall not be given unnecessary drugs. An
unnecessary drug is any drug used in an excessive dose,
including in duplicative therapy; for excessive duration;
without adequate monitoring; without adequate indications for
its use; or in the presence of adverse consequences that

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indicate the drugs should be reduced or discontinued. The
Department shall adopt, by rule, the standards for unnecessary
drugs contained in interpretive guidelines issued by the United
States Department of Health and Human Services for the purposes
of administering Titles XVIII and XIX of the Social Security
Act.
(b) Psychotropic medication shall not be administered
without the informed consent of the resident, the resident's
guardian, or other authorized representative. "Psychotropic
medication" means medication that is used for or listed as used
for antipsychotic, antidepressant, antimanic, or antianxiety
behavior modification or behavior management purposes in the
latest editions of the AMA Drug Evaluations or the Physician's
Desk Reference. The Department shall adopt, by rule, a protocol
specifying how informed consent for psychotropic medication
may be obtained or refused. The protocol shall require, at a
minimum, a discussion between (1) the resident or the
resident's authorized representative and (2) the resident's
physician, a registered pharmacist who is not a dispensing
pharmacist for the facility where the resident lives, or a
licensed nurse about the possible risks and benefits of a
recommended medication and the use of standardized consent
forms designated by the Department. Each form developed by the
Department (i) shall be written in plain language, (ii) shall
be able to be downloaded from the Department's official
website, (iii) shall include information specific to the

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psychotropic medication for which consent is being sought, and
(iv) shall be used for every resident for whom psychotropic
drugs are prescribed. In addition to creating those forms, the
Department shall approve the use of any other informed consent
forms that meet criteria developed by the Department.
In addition to any other requirement prescribed by law, a
facility that is found to have violated this subsection or the
federal certification requirement that informed consent be
obtained before administering a psychotropic medication shall
for 3 years after the notice of violation be required to (A)
obtain the signatures of 2 licensed health care professionals
on every form purporting to give informed consent for the
administration of a psychotropic medication, certifying the
personal knowledge of each health care professional that the
consent was obtained in compliance with the requirements of
this subsection or (B) videotape or make a digital video record
of the procedures followed by the facility to comply with the
requirements of this subsection.
(c) The requirements of this Section are intended to
control in a conflict with the requirements of Sections 2-102
and 2-107.2 of the Mental Health and Developmental Disabilities
Code with respect to the administration of psychotropic
medication.
Section 2-106a. Resident identification wristlet. No
identification wristlets shall be employed except as ordered by

HB2755 Engrossed - 26 - LRB099 08043 RPS 28187 b
a physician who documents the need for such mandatory
identification in the resident's clinical record. When
identification bracelets are required, they must identify the
resident's name, and the name and address of the facility
issuing the identification wristlet.
Section 2-107. Abuse or neglect; duty to report. An owner,
licensee, administrator, employee or agent of a facility shall
not abuse or neglect a resident. It is the duty of any facility
employee or agent who becomes aware of such abuse or neglect to
report it as provided in the Abused and Neglected Long Term
Care Facility Residents Reporting Act.
Section 2-108. Communications; visits; married residents.
Every resident shall be permitted unimpeded, private and
uncensored communication of his or her choice by mail, public
telephone or visitation.
(a) The administrator shall ensure that correspondence is
conveniently received and mailed, and that telephones are
reasonably accessible.
(b) The administrator shall ensure that residents may have
private visits at any reasonable hour unless such visits are
not medically advisable for the resident as documented in the
resident's clinical record by the resident's physician.
(c) The administrator shall ensure that space for visits is
available and that facility personnel knock, except in an

HB2755 Engrossed - 27 - LRB099 08043 RPS 28187 b
emergency, before entering any resident's room.
(d) Unimpeded, private and uncensored communication by
mail, public telephone and visitation may be reasonably
restricted by a physician only in order to protect the resident
or others from harm, harassment or intimidation, provided that
the reason for any such restriction is placed in the resident's
clinical record by the physician and that notice of such
restriction shall be given to all residents upon admission.
However, all letters addressed by a resident to the Governor,
members of the General Assembly, Attorney General, judges,
state's attorneys, officers of the Department, or licensed
attorneys at law shall be forwarded at once to the persons to
whom they are addressed without examination by facility
personnel. Letters in reply from the officials and attorneys
mentioned above shall be delivered to the recipient without
examination by facility personnel.
(e) The administrator shall ensure that married residents
residing in the same facility be allowed to reside in the same
room within the facility unless there is no room available in
the facility or it is deemed medically inadvisable by the
residents' attending physician and so documented in the
residents' medical records.
Section 2-109. Religion. A resident shall be permitted the
free exercise of religion. Upon a resident's request, and if
necessary at the resident's expense, the administrator shall

HB2755 Engrossed - 28 - LRB099 08043 RPS 28187 b
make arrangements for a resident's attendance at religious
services of the resident's choice. However, no religious
beliefs or practices, or attendance at religious services, may
be imposed upon any resident.
Section 2-110. Access to residents.
(a) Any employee or agent of a public agency, any
representative of a community legal services program or any
other member of the general public shall be permitted access at
reasonable hours to any individual resident of any facility,
but only if there is neither a commercial purpose nor effect to
such access and if the purpose is to do any of the following:
(1) Visit, talk with and make personal, social and
legal services available to all residents;
(2) Inform residents of their rights and entitlements
and their corresponding obligations, under federal and
State laws, by means of educational materials and
discussions in groups and with individual residents;
(3) Assist residents in asserting their legal rights
regarding claims for public assistance, medical assistance
and social security benefits, as well as in all other
matters in which residents are aggrieved. Assistance may
include counseling and litigation; or
(4) Engage in other methods of asserting, advising and
representing residents so as to extend to them full
enjoyment of their rights.

HB2755 Engrossed - 29 - LRB099 08043 RPS 28187 b
(a-5) If a resident of a licensed facility is an identified
offender, any federal, State, or local law enforcement officer
or county probation officer shall be permitted reasonable
access to the individual resident to verify compliance with the
requirements of the Sex Offender Registration Act or to verify
compliance with applicable terms of probation, parole,
aftercare release, or mandatory supervised release.
(b) All persons entering a facility under this Section
shall promptly notify appropriate facility personnel of their
presence. They shall, upon request, produce identification to
establish their identity. No such person shall enter the
immediate living area of any resident without first identifying
himself or herself and then receiving permission from the
resident to enter. The rights of other residents present in the
room shall be respected. A resident may terminate at any time a
visit by a person having access to the resident's living area
under this Section.
(c) This Section shall not limit the power of the
Department or other public agency otherwise permitted or
required by law to enter and inspect a facility.
(d) Notwithstanding paragraph (a) of this Section, the
administrator of a facility may refuse access to the facility
to any person if the presence of that person in the facility
would be injurious to the health and safety of a resident or
would threaten the security of the property of a resident or
the facility, or if the person seeks access to the facility for

HB2755 Engrossed - 30 - LRB099 08043 RPS 28187 b
commercial purposes. Any person refused access to a facility
may within 10 days request a hearing under Section 3-703. In
that proceeding, the burden of proof as to the right of the
facility to refuse access under this Section shall be on the
facility.
Section 2-111. Discharge. A resident may be discharged from
a facility after he or she gives the administrator, a
physician, or a nurse of the facility written notice of his or
her desire to be discharged. If a guardian has been appointed
for a resident or if the resident is a minor, the resident
shall be discharged upon written consent of his or her guardian
or if the resident is a minor, his or her parent unless there
is a court order to the contrary. In such cases, upon the
resident's discharge, the facility is relieved from any
responsibility for the resident's care, safety or well being.
Section 2-112. Grievances. A resident shall be permitted to
present grievances on behalf of himself or herself or others to
the administrator, the MC/DD Facility Advisory Board
established under Section 2-204 of this Act, the residents'
advisory council, State governmental agencies or other persons
without threat of discharge or reprisal in any form or manner
whatsoever. The administrator shall provide all residents or
their representatives with the name, address, and telephone
number of the appropriate State governmental office where

HB2755 Engrossed - 31 - LRB099 08043 RPS 28187 b
complaints may be lodged.
Section 2-113. Labor. A resident may refuse to perform
labor for a facility.
Section 2-114. Unlawful discrimination. No resident shall
be subjected to unlawful discrimination as defined in Section
1-103 of the Illinois Human Rights Act by any owner, licensee,
administrator, employee, or agent of a facility. Unlawful
discrimination does not include an action by any owner,
licensee, administrator, employee, or agent of a facility that
is required by this Act or rules adopted under this Act.
Section 2-115. Right to notification of violations.
Residents and their guardians or other resident
representatives, if any, shall be notified of any violation of
this Act or the rules promulgated thereunder pursuant to
Section 2-217 of this Act, or of violations of the requirements
of Titles XVIII or XIX of the Social Security Act or rules
promulgated thereunder, with respect to the health, safety, or
welfare of the resident.
PART 2. RESPONSIBILITIES
Section 2-201. Residents' funds. To protect the residents'
funds, the facility:

HB2755 Engrossed - 32 - LRB099 08043 RPS 28187 b
(1) Shall at the time of admission provide, in order of
priority, each resident, or the resident's guardian, if any, or
the resident's representative, if any, or the resident's
immediate family member, if any, with a written statement
explaining to the resident and to the resident's spouse (a)
their spousal impoverishment rights, as defined at Section 5-4
of the Illinois Public Aid Code, and at Section 303 of Title
III of the Medicare Catastrophic Coverage Act of 1988 (P.L.
100-360), and (b) the resident's rights regarding personal
funds and listing the services for which the resident will be
charged. The facility shall obtain a signed acknowledgment from
each resident or the resident's guardian, if any, or the
resident's representative, if any, or the resident's immediate
family member, if any, that such person has received the
statement.
(2) May accept funds from a resident for safekeeping and
managing, if it receives written authorization from, in order
of priority, the resident or the resident's guardian, if any,
or the resident's representative, if any, or the resident's
immediate family member, if any; such authorization shall be
attested to by a witness who has no pecuniary interest in the
facility or its operations, and who is not connected in any way
to facility personnel or the administrator in any manner
whatsoever.
(3) Shall maintain and allow, in order of priority, each
resident or the resident's guardian, if any, or the resident's

HB2755 Engrossed - 33 - LRB099 08043 RPS 28187 b
representative, if any, or the resident's immediate family
member, if any, access to a written record of all financial
arrangements and transactions involving the individual
resident's funds.
(4) Shall provide, in order of priority, each resident, or
the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, with a written itemized statement at least
quarterly, of all financial transactions involving the
resident's funds.
(5) Shall purchase a surety bond, or otherwise provide
assurance satisfactory to the Departments of Public Health and
Financial and Professional Regulation that all residents'
personal funds deposited with the facility are secure against
loss, theft, and insolvency.
(6) Shall keep any funds received from a resident for
safekeeping in an account separate from the facility's funds,
and shall at no time withdraw any part or all of such funds for
any purpose other than to return the funds to the resident upon
the request of the resident or any other person entitled to
make such request, to pay the resident his or her allowance, or
to make any other payment authorized by the resident or any
other person entitled to make such authorization.
(7) Shall deposit any funds received from a resident in
excess of $100 in an interest bearing account insured by
agencies of, or corporations chartered by, the State or federal

HB2755 Engrossed - 34 - LRB099 08043 RPS 28187 b
government. The account shall be in a form which clearly
indicates that the facility has only a fiduciary interest in
the funds and any interest from the account shall accrue to the
resident. The facility may keep up to $100 of a resident's
money in a non-interest-bearing account or petty cash fund, to
be readily available for the resident's current expenditures.
(8) Shall return to the resident, or the person who
executed the written authorization required in subsection (2)
of this Section, upon written request, all or any part of the
resident's funds given the facility for safekeeping, including
the interest accrued from deposits.
(9) Shall (a) place any monthly allowance to which a
resident is entitled in that resident's personal account, or
give it to the resident, unless the facility has written
authorization from the resident or the resident's guardian or
if the resident is a minor, his parent, to handle it
differently, (b) take all steps necessary to ensure that a
personal needs allowance that is placed in a resident's
personal account is used exclusively by the resident or for the
benefit of the resident, and (c) where such funds are withdrawn
from the resident's personal account by any person other than
the resident, require such person to whom funds constituting
any part of a resident's personal needs allowance are released,
to execute an affidavit that such funds shall be used
exclusively for the benefit of the resident.
(10) Unless otherwise provided by State law, upon the death

HB2755 Engrossed - 35 - LRB099 08043 RPS 28187 b
of a resident, shall provide the executor or administrator of
the resident's estate with a complete accounting of all the
resident's personal property, including any funds of the
resident being held by the facility.
(11) If an adult resident is incapable of managing his or
her funds and does not have a resident's representative,
guardian, or an immediate family member, shall notify the
Office of the State Guardian of the Guardianship and Advocacy
Commission.
(12) If the facility is sold, shall provide the buyer with
a written verification by a public accountant of all residents'
monies and properties being transferred, and obtain a signed
receipt from the new owner.
Section 2-201.5. Screening prior to admission.
(a) All persons age 18 or older seeking admission to a
facility must be screened to determine the need for facility
services prior to being admitted, regardless of income, assets,
or funding source. In addition, any person who seeks to become
eligible for medical assistance from the Medical Assistance
Program under the Illinois Public Aid Code to pay for services
while residing in a facility must be screened prior to
receiving those benefits. Screening for facility services
shall be administered through procedures established by
administrative rule. Screening may be done by agencies other
than the Department as established by administrative rule.

HB2755 Engrossed - 36 - LRB099 08043 RPS 28187 b
(a-1) Any screening shall also include an evaluation of
whether there are residential supports and services or an array
of community services that would enable the person to live in
the community. The person shall be told about the existence of
any such services that would enable the person to live safely
and humanely in the least restrictive environment, that is
appropriate, that the individual or guardian chooses, and the
person shall be given the assistance necessary to avail himself
or herself of any available services.
(b) In addition to the screening required by subsection
(a), a facility shall, within 24 hours after admission, request
a criminal history background check pursuant to the Uniform
Conviction Information Act for all persons age 18 or older
seeking admission to the facility. Background checks conducted
pursuant to this Section shall be based on the resident's name,
date of birth, and other identifiers as required by the
Department of State Police. If the results of the background
check are inconclusive, the facility shall initiate a
fingerprint-based check, unless the fingerprint-based check is
waived by the Director of Public Health based on verification
by the facility that the resident is completely immobile or
that the resident meets other criteria related to the
resident's health or lack of potential risk which may be
established by Departmental rule. A waiver issued pursuant to
this Section shall be valid only while the resident is immobile
or while the criteria supporting the waiver exist. The facility

HB2755 Engrossed - 37 - LRB099 08043 RPS 28187 b
shall provide for or arrange for any required fingerprint-based
checks. If a fingerprint-based check is required, the facility
shall arrange for it to be conducted in a manner that is
respectful of the resident's dignity and that minimizes any
emotional or physical hardship to the resident.
(c) If the results of a resident's criminal history
background check reveal that the resident is an identified
offender as defined in Section 1-114.01 of this Act, the
facility shall do the following:
(1) Immediately notify the Department of State Police,
in the form and manner required by the Department of State
Police, in collaboration with the Department of Public
Health, that the resident is an identified offender.
(2) Within 72 hours, arrange for a fingerprint-based
criminal history record inquiry to be requested on the
identified offender resident. The inquiry shall be based on
the subject's name, sex, race, date of birth, fingerprint
images, and other identifiers required by the Department of
State Police. The inquiry shall be processed through the
files of the Department of State Police and the Federal
Bureau of Investigation to locate any criminal history
record information that may exist regarding the subject.
The Federal Bureau of Investigation shall furnish to the
Department of State Police, pursuant to an inquiry under
this paragraph (2), any criminal history record
information contained in its files. The facility shall

HB2755 Engrossed - 38 - LRB099 08043 RPS 28187 b
comply with all applicable provisions contained in the
Uniform Conviction Information Act. All name-based and
fingerprint-based criminal history record inquiries shall
be submitted to the Department of State Police
electronically in the form and manner prescribed by the
Department of State Police. The Department of State Police
may charge the facility a fee for processing name-based and
fingerprint-based criminal history record inquiries. The
fee shall be deposited into the State Police Services Fund.
The fee shall not exceed the actual cost of processing the
inquiry.
(d) The Department shall develop and maintain a
de-identified database of residents who have injured facility
staff, facility visitors, or other residents, and the attendant
circumstances, solely for the purposes of evaluating and
improving resident pre-screening and assessment procedures
(including the Criminal History Report prepared under Section
2-201.6 of this Act) and the adequacy of Department
requirements concerning the provision of care and services to
residents. A resident shall not be listed in the database until
a Department survey confirms the accuracy of the listing. The
names of persons listed in the database and information that
would allow them to be individually identified shall not be
made public. Neither the Department nor any other agency of
State government may use information in the database to take
any action against any individual, licensee, or other entity

HB2755 Engrossed - 39 - LRB099 08043 RPS 28187 b
unless the Department or agency receives the information
independent of this subsection (d). All information collected,
maintained, or developed under the authority of this subsection
(d) for the purposes of the database maintained under this
subsection (d) shall be treated in the same manner as
information that is subject to Part 21 of Article VIII of the
Code of Civil Procedure.
Section 2-201.6. Criminal History Report.
(a) The Department of State Police shall prepare a Criminal
History Report when it receives information, through the
criminal history background check required pursuant to
subsection (c) of Section 2-201.5 or through any other means,
that a resident of a facility is an identified offender.
(b) The Department of State Police shall complete the
Criminal History Report within 10 business days after receiving
any information described under subsection (a) of this Act that
a resident is an identified offender.
(c) The Criminal History Report shall include, but not be
limited to, all of the following:
(1) Copies of the identified offender's parole,
mandatory supervised release, or probation orders.
(2) An interview with the identified offender.
(3) A detailed summary of the entire criminal history
of the offender, including arrests, convictions, and the
date of the identified offender's last conviction relative

HB2755 Engrossed - 40 - LRB099 08043 RPS 28187 b
to the date of admission to a facility.
(4) If the identified offender is a convicted or
registered sex offender, then a review of any and all sex
offender evaluations conducted on that offender. If there
is no sex offender evaluation available, then the
Department of State Police shall arrange, through the
Department of Public Health, for a sex offender evaluation
to be conducted on the identified offender. If the
convicted or registered sex offender is under supervision
by the Illinois Department of Corrections or a county
probation department, then the sex offender evaluation
shall be arranged by and at the expense of the supervising
agency. All evaluations conducted on convicted or
registered sex offenders under this Act shall be conducted
by sex offender evaluators approved by the Sex Offender
Management Board.
(d) The Department of State Police shall provide the
Criminal History Report to a licensed forensic psychologist.
The licensed forensic psychologist shall prepare an Identified
Offender Report and Recommendation after (i) consideration of
the Criminal History Report, (ii) consultation with the
facility administrator or the facility medical director, or
both, regarding the mental and physical condition of the
identified offender, and (iii) reviewing the facility's file on
the identified offender, including all incident reports, all
information regarding medication and medication compliance,

HB2755 Engrossed - 41 - LRB099 08043 RPS 28187 b
and all information regarding previous discharges or transfers
from other facilities. The Identified Offender Report and
Recommendation shall detail whether and to what extent the
identified offender's criminal history necessitates the
implementation of security measures within the facility. If the
identified offender is a convicted or registered sex offender,
or if the Identified Offender Report and Recommendation reveals
that the identified offender poses a significant risk of harm
to others within the facility, then the offender shall be
required to have his or her own room within the facility.
(e) The licensed forensic psychologist shall complete the
Identified Offender Report and Recommendation within 14
business days after receiving the Criminal History Report and
shall promptly provide the Identified Offender Report and
Recommendation to the Department of State Police, which shall
provide the Identified Offender Report and Recommendation to
the following:
(1) The facility within which the identified offender
resides.
(2) The Chief of Police of the municipality in which
the facility is located.
(3) The State of Illinois Long Term Care Ombudsman.
(4) The Department of Public Health.
(f) The Department of Public Health shall keep a continuing
record of all residents determined to be identified offenders
as defined in Section 1-114.01 and shall report the number of

HB2755 Engrossed - 42 - LRB099 08043 RPS 28187 b
identified offender residents annually to the General
Assembly.
(g) The facility shall incorporate the Identified Offender
Report and Recommendation into the identified offender's
individual program plan created pursuant to 42 CFR 483.440(c).
(h) If, based on the Identified Offender Report and
Recommendation, a facility determines that it cannot manage the
identified offender resident safely within the facility, then
it shall commence involuntary transfer or discharge
proceedings pursuant to Section 3-402.
(i) Except for willful and wanton misconduct, any person
authorized to participate in the development of a Criminal
History Report or Identified Offender Report and
Recommendation is immune from criminal or civil liability for
any acts or omissions as the result of his or her good faith
effort to comply with this Section.
Section 2-202. Contract required.
(a) Before a person is admitted to a facility, or at the
expiration of the period of previous contract, or when the
source of payment for the resident's care changes from private
to public funds or from public to private funds, a written
contract shall be executed between a licensee and the following
in order of priority:
(1) the person, or if the person is a minor, his parent
or guardian; or

HB2755 Engrossed - 43 - LRB099 08043 RPS 28187 b
(2) the person's guardian, if any, or agent, if any, as
defined in Section 2-3 of the Illinois Power of Attorney
Act; or
(3) a member of the person's immediate family.
An adult person shall be presumed to have the capacity to
contract for admission to a facility unless he or she has been
adjudicated a "disabled person" within the meaning of Section
11a-2 of the Probate Act of 1975, or unless a petition for such
an adjudication is pending in a circuit court of Illinois.
If there is no guardian, agent or member of the person's
immediate family available, able or willing to execute the
contract required by this Section and a physician determines
that a person is so disabled as to be unable to consent to
placement in a facility, or if a person has already been found
to be a "disabled person", but no order has been entered
allowing residential placement of the person, that person may
be admitted to a facility before the execution of a contract
required by this Section; provided that a petition for
guardianship or for modification of guardianship is filed
within 15 days of the person's admission to a facility, and
provided further that such a contract is executed within 10
days of the disposition of the petition.
No adult shall be admitted to a facility if he or she
objects, orally or in writing, to such admission, except as
otherwise provided in Chapters III and IV of the Mental Health
and Developmental Disabilities Code or Section 11a-14.1 of the

HB2755 Engrossed - 44 - LRB099 08043 RPS 28187 b
Probate Act of 1975.
Before a licensee enters a contract under this Section, it
shall provide the prospective resident and his or her guardian,
if any, with written notice of the licensee's policy regarding
discharge of a resident whose private funds for payment of care
are exhausted.
(b) A resident shall not be discharged or transferred at
the expiration of the term of a contract, except as provided in
Sections 3-401 through 3-423.
(c) At the time of the resident's admission to the
facility, a copy of the contract shall be given to the
resident, his or her guardian, if any, and any other person who
executed the contract.
(d) A copy of the contract for a resident who is supported
by nonpublic funds other than the resident's own funds shall be
made available to the person providing the funds for the
resident's support.
(e) The original or a copy of the contract shall be
maintained in the facility and be made available upon request
to representatives of the Department and the Department of
Healthcare and Family Services.
(f) The contract shall be written in clear and unambiguous
language and shall be printed in not less than 12-point type.
The general form of the contract shall be prescribed by the
Department.
(g) The contract shall specify:

HB2755 Engrossed - 45 - LRB099 08043 RPS 28187 b
(1) the term of the contract;
(2) the services to be provided under the contract and
the charges for the services;
(3) the services that may be provided to supplement the
contract and the charges for the services;
(4) the sources liable for payments due under the
contract;
(5) the amount of deposit paid; and
(6) the rights, duties and obligations of the resident,
except that the specification of a resident's rights may be
furnished on a separate document which complies with the
requirements of Section 2-211.
(h) The contract shall designate the name of the resident's
representative, if any. The resident shall provide the facility
with a copy of the written agreement between the resident and
the resident's representative which authorizes the resident's
representative to inspect and copy the resident's records and
authorizes the resident's representative to execute the
contract on behalf of the resident required by this Section.
(i) The contract shall provide that if the resident is
compelled by a change in physical or mental health to leave the
facility, the contract and all obligations under it shall
terminate on 7 days' notice. No prior notice of termination of
the contract shall be required, however, in the case of a
resident's death. The contract shall also provide that in all
other situations, a resident may terminate the contract and all

HB2755 Engrossed - 46 - LRB099 08043 RPS 28187 b
obligations under it with 30 days' notice. All charges shall be
prorated as of the date on which the contract terminates, and,
if any payments have been made in advance, the excess shall be
refunded to the resident. This provision shall not apply to
life care contracts through which a facility agrees to provide
maintenance and care for a resident throughout the remainder of
his life nor to continuing care contracts through which a
facility agrees to supplement all available forms of financial
support in providing maintenance and care for a resident
throughout the remainder of his or her life.
(j) In addition to all other contract specifications
contained in this Section admission contracts shall also
specify:
(1) whether the facility accepts Medicaid clients;
(2) whether the facility requires a deposit of the
resident or his or her family prior to the establishment of
Medicaid eligibility;
(3) in the event that a deposit is required, a clear
and concise statement of the procedure to be followed for
the return of such deposit to the resident or the
appropriate family member or guardian of the person; and
(4) that all deposits made to a facility by a resident,
or on behalf of a resident, shall be returned by the
facility within 30 days of the establishment of Medicaid
eligibility, unless such deposits must be drawn upon or
encumbered in accordance with Medicaid eligibility

HB2755 Engrossed - 47 - LRB099 08043 RPS 28187 b
requirements established by the Department of Healthcare
and Family Services.
(k) It shall be a business offense for a facility to
knowingly and intentionally both retain a resident's deposit
and accept Medicaid payments on behalf of that resident.
Section 2-203. Residents' advisory council. Each facility
shall establish a residents' advisory council. The
administrator shall designate a member of the facility staff to
coordinate the establishment of, and render assistance to, the
council.
(a) The composition of the residents' advisory council
shall be specified by Department regulation, but no employee or
affiliate of a facility shall be a member of any council.
(b) The council shall meet at least once each month with
the staff coordinator who shall provide assistance to the
council in preparing and disseminating a report of each meeting
to all residents, the administrator, and the staff.
(c) Records of the council meetings will be maintained in
the office of the administrator.
(d) The residents' advisory council may communicate to the
administrator the opinions and concerns of the residents. The
council shall review procedures for implementing resident
rights, facility responsibilities and make recommendations for
changes or additions which will strengthen the facility's
policies and procedures as they affect residents' rights and

HB2755 Engrossed - 48 - LRB099 08043 RPS 28187 b
facility responsibilities.
(e) The council shall be a forum for:
(1) Obtaining and disseminating information;
(2) Soliciting and adopting recommendations for
facility programing and improvements; and
(3) Early identification and for recommending orderly
resolution of problems.
(f) The council may present complaints as provided in
Section 3-702 on behalf of a resident to the Department, the
MC/DD Facility Advisory Board established under Section 2-204
of this Act or to any other person it considers appropriate.
Section 2-204. MC/DD Facility Advisory Board. The Director
shall appoint a MC/DD Facility Advisory Board to consult with
the Department and the residents' advisory councils created
under Section 2-203.
(a) The Advisory Board shall be composed of the following
persons:
(1) the Director who shall serve as chairperson, ex
officio, and nonvoting;
(2) one representative each of the Department of
Healthcare and Family Services, the Department of Human
Services, and the Office of the State Fire Marshal, all
nonvoting members;
(3) one member who shall be a physician licensed to
practice medicine in all its branches;

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(4) one member who shall be a behavioral specialist
selected from the recommendations of the Department of
Human Services;
(5) three members who shall be selected from the
recommendations by organizations whose membership consists
of facilities;
(6) two members who shall represent the general public
who are not members of a residents' advisory council
established under Section 2-203 and who have no
responsibility for management or formation of policy or
financial interest in a facility;
(7) one member who is a member of a residents' advisory
council established under Section 2-203 and is capable of
actively participating on the Advisory Board; and
(8) one member who shall be selected from the
recommendations of consumer organizations that engage
solely in advocacy or legal representation on behalf of
residents and their immediate families.
(b) The Advisory Board shall meet as frequently as the
chairperson deems necessary, but not less than 4 times each
year. Upon request by 4 or more members, the chairperson shall
call a meeting of the Advisory Board. The affirmative vote of 6
members of the Advisory Board shall be necessary for Advisory
Board action. A member of the Advisory Board may designate a
replacement to serve at the Advisory Board meeting and vote in
place of the member by submitting a letter of designation to

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the chairperson prior to or at the Advisory Board meeting. The
Advisory Board members shall be reimbursed for their actual
expenses incurred in the performance of their duties.
(c) The Advisory Board shall advise the Department of
Public Health on all aspects of its responsibilities under this
Act, including the format and content of any rules promulgated
by the Department of Public Health. Any such rules, except
emergency rules promulgated pursuant to Section 5-45 of the
Illinois Administrative Procedure Act, promulgated without
obtaining the advice of the Advisory Board are null and void.
If the Department fails to follow the advice of the Advisory
Board, the Department shall, prior to the promulgation of such
rules, transmit a written explanation of the reason therefor to
the Advisory Board. During its review of rules, the Advisory
Board shall analyze the economic and regulatory impact of those
rules. If the Advisory Board, having been asked for its advice,
fails to advise the Department within 90 days, the rules shall
be considered acted upon.
Section 2-205. Disclosure of information to public. The
following information is subject to disclosure to the public
from the Department or the Department of Healthcare and Family
Services:
(1) Information submitted under Sections 3-103 and
3-207 except information concerning the remuneration of
personnel licensed, registered, or certified by the

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Department of Financial and Professional Regulation (as
successor to the Department of Professional Regulation)
and monthly charges for an individual private resident;
(2) Records of license and certification inspections,
surveys, and evaluations of facilities, other reports of
inspections, surveys, and evaluations of resident care,
whether a facility is designated a distressed facility and
the basis for the designation, and reports concerning a
facility prepared pursuant to Titles XVIII and XIX of the
Social Security Act, subject to the provisions of the
Social Security Act;
(3) Cost and reimbursement reports submitted by a
facility under Section 3-208, reports of audits of
facilities, and other public records concerning costs
incurred by, revenues received by, and reimbursement of
facilities; and
(4) Complaints filed against a facility and complaint
investigation reports, except that a complaint or
complaint investigation report shall not be disclosed to a
person other than the complainant or complainant's
representative before it is disclosed to a facility under
Section 3-702, and, further, except that a complainant or
resident's name shall not be disclosed except under Section
3-702. The Department shall disclose information under
this Section in accordance with provisions for inspection
and copying of public records required by the Freedom of

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Information Act. However, the disclosure of information
described in subsection (1) shall not be restricted by any
provision of the Freedom of Information Act.
Section 2-206. Confidentiality of records.
(a) The Department shall respect the confidentiality of a
resident's record and shall not divulge or disclose the
contents of a record in a manner which identifies a resident,
except upon a resident's death to a relative or guardian, or
under judicial proceedings. This Section shall not be construed
to limit the right of a resident to inspect or copy the
resident's records.
(b) Confidential medical, social, personal, or financial
information identifying a resident shall not be available for
public inspection in a manner which identifies a resident.
Section 2-207. Directories for public health regions;
information concerning facility costs and policies.
(a) Each year the Department shall publish a Directory for
each public health region listing facilities to be made
available to the public and be available at all Department
offices. The Department may charge a fee for the Directory. The
Directory shall contain, at a minimum, the following
information:
(1) The name and address of the facility;
(2) The number and type of licensed beds;

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(3) The name of the cooperating hospital, if any;
(4) The name of the administrator;
(5) The facility telephone number; and
(6) Membership in a provider association and
accreditation by any such organization.
(b) Detailed information concerning basic costs for care
and operating policies shall be available to the public upon
request at each facility. However, a facility may refuse to
make available any proprietary operating policies to the extent
such facility reasonably believes such policies may be revealed
to a competitor.
Section 2-208. Notice of imminent death, unusual incident,
abuse, or neglect.
(a) A facility shall immediately notify the identified
resident's next of kin, guardian, resident's representative,
and physician of the resident's death or when the resident's
death appears to be imminent. A facility shall immediately
notify the Department by telephone of a resident's death within
24 hours after the resident's death. The facility shall notify
the Department of the death of a facility's resident that does
not occur in the facility immediately upon learning of the
death. A facility shall promptly notify the coroner or medical
examiner of a resident's death in a manner and form to be
determined by the Department after consultation with the
coroner or medical examiner of the county in which the facility

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is located. In addition to notice to the Department by
telephone, the Department shall require the facility to submit
written notification of the death of a resident within 72 hours
after the death, including a report of any medication errors or
other incidents that occurred within 30 days of the resident's
death. A facility's failure to comply with this Section shall
constitute a Type "B" violation.
(b) A facility shall immediately notify the resident's next
of kin, guardian, or resident representative of any unusual
incident, abuse, or neglect involving the resident. A facility
shall immediately notify the Department by telephone of any
unusual incident, abuse, or neglect required to be reported
pursuant to State law or administrative rule. In addition to
notice to the Department by telephone, the Department shall
require the facility to submit written notification of any
unusual incident, abuse, or neglect within one day after the
unusual incident, abuse, or neglect occurring. A facility's
failure to comply with this Section shall constitute a Type "B"
violation. For purposes of this Section, "unusual incident"
means serious injury; unscheduled hospital visit for treatment
of serious injury; 9-1-1 calls for emergency services directly
relating to a resident threat; or stalking of staff or person
served that raises health or safety concerns.
Section 2-209. Number of residents. A facility shall admit
only that number of residents for which it is licensed.

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Section 2-210. Policies and procedures. A facility shall
establish written policies and procedures to implement the
responsibilities and rights provided in this Article. The
policies shall include the procedure for the investigation and
resolution of resident complaints as set forth under Section
3-702. The policies and procedures shall be clear and
unambiguous and shall be available for inspection by any
person. A summary of the policies and procedures, printed in
not less than 12-point type, shall be distributed to each
resident and representative.
Section 2-211. Explanation of rights. Each resident and
resident's guardian or other person acting for the resident
shall be given a written explanation, prepared by the Office of
the State Long Term Care Ombudsman, of all the rights
enumerated in Part 1 of this Article and in Part 4 of Article
III. For residents of facilities participating in Title XVIII
or XIX of the Social Security Act, the explanation shall
include an explanation of residents' rights enumerated in that
Act. The explanation shall be given at the time of admission to
a facility or as soon thereafter as the condition of the
resident permits, but in no event later than 48 hours after
admission, and again at least annually thereafter. At the time
of the implementation of this Act each resident shall be given
a written summary of all the rights enumerated in Part 1 of

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this Article.
If a resident is unable to read such written explanation,
it shall be read to the resident in a language the resident
understands. In the case of a minor or a person having a
guardian or other person acting for him or her, both the
resident and the parent, guardian or other person acting for
the resident shall be fully informed of these rights.
Section 2-212. Staff familiarity with rights and
responsibilities. The facility shall ensure that its staff is
familiar with and observes the rights and responsibilities
enumerated in this Article.
Section 2-213. Vaccinations.
(a) A facility shall annually administer or arrange for
administration of a vaccination against influenza to each
resident, in accordance with the recommendations of the
Advisory Committee on Immunization Practices of the Centers for
Disease Control and Prevention that are most recent to the time
of vaccination, unless the vaccination is medically
contraindicated or the resident has refused the vaccine.
Influenza vaccinations for all residents age 65 and over shall
be completed by November 30 of each year or as soon as
practicable if vaccine supplies are not available before
November 1. Residents admitted after November 30, during the
flu season, and until February 1 shall, as medically

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appropriate, receive an influenza vaccination prior to or upon
admission or as soon as practicable if vaccine supplies are not
available at the time of the admission, unless the vaccine is
medically contraindicated or the resident has refused the
vaccine. In the event that the Advisory Committee on
Immunization Practices of the Centers for Disease Control and
Prevention determines that dates of administration other than
those stated in this Act are optimal to protect the health of
residents, the Department is authorized to develop rules to
mandate vaccinations at those times rather than the times
stated in this Act. A facility shall document in the resident's
medical record that an annual vaccination against influenza was
administered, arranged, refused or medically contraindicated.
(b) A facility shall administer or arrange for
administration of a pneumococcal vaccination to each resident,
in accordance with the recommendations of the Advisory
Committee on Immunization Practices of the Centers for Disease
Control and Prevention, who has not received this immunization
prior to or upon admission to the facility, unless the resident
refuses the offer for vaccination or the vaccination is
medically contraindicated. A facility shall document in each
resident's medical record that a vaccination against
pneumococcal pneumonia was offered and administered, arranged,
refused, or medically contraindicated.
Section 2-214. Consumer Choice Information Reports.

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(a) Every facility shall complete a Consumer Choice
Information Report and shall file it with the Office of State
Long Term Care Ombudsman electronically as prescribed by the
Office. The Report shall be filed annually and upon request of
the Office of State Long Term Care Ombudsman. The Consumer
Choice Information Report must be completed by the facility in
full.
(b) A violation of any of the provisions of this Section
constitutes an unlawful practice under the Consumer Fraud and
Deceptive Business Practices Act. All remedies, penalties, and
authority granted to the Attorney General by the Consumer Fraud
and Deceptive Business Practices Act shall be available to him
or her for the enforcement of this Section.
(c) The Department of Public Health shall include
verification of the submission of a facility's current Consumer
Choice Information Report when conducting an inspection
pursuant to Section 3-212.
Section 2-216. Notification of identified offenders. If
identified offenders are residents of the licensed facility,
the licensed facility shall notify every resident or resident's
guardian in writing that such offenders are residents of the
licensed facility. The licensed facility shall also provide
notice to its employees and to visitors to the facility that
identified offenders are residents.

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Section 2-217. Notification of violations. When the
Department issues any notice pursuant to Section 3-119,
3-119.1, 3-301, 3-303, 3-307, or 3-702 of this Act or a notice
of federal Medicaid certification deficiencies, the facility
shall provide notification of the violations and deficiencies
within 10 days after receiving a notice described within this
Section to every resident and the resident's representative or
guardian identified or referred to anywhere within the
Department notice or the CMS 2567 as having received care or
services that violated State or federal standards. The
notification shall include a Department-prescribed
notification letter as determined by rule and a copy of the
notice and CMS 2567, if any, issued by the Department. A
facility's failure to provide notification pursuant to this
Section to a resident and the resident's representative or
guardian, if any, shall constitute a Type "B" violation.
Section 2-218. Minimum staffing. Facility staffing shall
be based on all the needs of the residents and comply with
Department rules as set forth under Section 3-202 of this Act.
Facilities shall provide each resident, regardless of age, no
less than 4.0 hours of nursing and personal care time each day.
The Department shall establish by rule the amount of registered
or other licensed nurse and professional care time from the
total 4.0 nursing and personal care time that shall be provided
each day. A facility's failure to comply with this Section

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shall constitute a Type "B" violation.
ARTICLE III. LICENSING, ENFORCEMENT, VIOLATIONS, PENALTIES,
AND REMEDIES
PART 1. LICENSING
Section 3-101. Licensure system. The Department shall
establish a comprehensive system of licensure for facilities in
accordance with this Act for the purposes of:
(1) Protecting the health, welfare, and safety of
residents; and
(2) Assuring the accountability for reimbursed care
provided in certified facilities participating in a
federal or State health program.
Section 3-102. Necessity of license. No person may
establish, operate, maintain, offer or advertise a facility
within this State unless and until he or she obtains a valid
license therefore as hereinafter provided, which license
remains unsuspended, unrevoked and unexpired. No public
official 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 facility which is being operated
without a valid license.

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Section 3-102.1. Denial of Department access to facility.
If the Department is denied access to a facility or any other
place which it reasonably believes is required to be licensed
as a facility under this Act, it shall request intervention of
local, county or State law enforcement agencies to seek an
appropriate court order or warrant to examine or interview the
residents of such facility. Any person or entity preventing the
Department from carrying out its duties under this Section
shall be guilty of a violation of this Act and shall be subject
to such penalties related thereto.
Section 3-103. Application for license; financial
statement. The procedure for obtaining a valid license shall be
as follows:
(1) Application to operate a facility shall be made to
the Department on forms furnished by the Department.
(2) All license applications shall be accompanied with
an application fee. The fee for an annual license shall be
$995. Facilities that pay a fee or assessment pursuant to
Article V-C of the Illinois Public Aid Code shall be exempt
from the license fee imposed under this item (2). The fee
for a 2-year license shall be double the fee for the annual
license set forth in the preceding sentence. The fees
collected shall be deposited with the State Treasurer into
the Long Term Care Monitor/Receiver Fund, which has been
created as a special fund in the State treasury. This

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special fund is to be used by the Department for expenses
related to the appointment of monitors and receivers as
contained in Sections 3-501 through 3-517. At the end of
each fiscal year, any funds in excess of $1,000,000 held in
the Long Term Care Monitor/Receiver Fund shall be deposited
in the State's General Revenue Fund. The application shall
be under oath and the submission of false or misleading
information shall be a Class A misdemeanor. The application
shall contain the following information:
(a) The name and address of the applicant if an
individual, and if a firm, partnership, or
association, of every member thereof, and in the case
of a corporation, the name and address thereof and of
its officers and its registered agent, and in the case
of a unit of local government, the name and address of
its chief executive officer;
(b) The name and location of the facility for which
a license is sought;
(c) The name of the person or persons under whose
management or supervision the facility will be
conducted;
(d) The number and type of residents for which
maintenance, personal care, or nursing is to be
provided; and
(e) Such information relating to the number,
experience, and training of the employees of the

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facility, any management agreements for the operation
of the facility, and of the moral character of the
applicant and employees as the Department may deem
necessary.
(3) Each initial application shall be accompanied by a
financial statement setting forth the financial condition
of the applicant and by a statement from the unit of local
government having zoning jurisdiction over the facility's
location stating that the location of the facility is not
in violation of a zoning ordinance. An initial application
for a new facility shall be accompanied by a permit as
required by the Illinois Health Facilities Planning Act.
After the application is approved, the applicant shall
advise the Department every 6 months of any changes in the
information originally provided in the application.
(4) Other information necessary to determine the
identity and qualifications of an applicant to operate a
facility in accordance with this Act shall be included in
the application as required by the Department in
regulations.
Section 3-104. Licensing and regulation by municipality.
Any city, village or incorporated town may by ordinance provide
for the licensing and regulation of a facility or any
classification of such facility, as defined herein, within such
municipality, provided that the ordinance requires compliance

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with at least the minimum requirements established by the
Department under this Act. The licensing and enforcement
provisions of the municipality shall fully comply with this
Act, and the municipality shall make available information as
required by this Act. Such compliance shall be determined by
the Department subject to review as provided in Section 3-703.
Section 3-703 shall also be applicable to the judicial review
of final administrative decisions of the municipality under
this Act.
Section 3-105. Reports by municipality. Any city, village
or incorporated town which has or may have ordinances requiring
the licensing and regulation of facilities with at least the
minimum standards established by the Department under this Act,
shall make such periodic reports to the Department as the
Department deems necessary. This report shall include a list of
those facilities licensed by such municipality, the number of
beds of each facility and the date the license of each facility
is effective.
Section 3-106. Issuance of license to holder of municipal
license.
(a) Upon receipt of notice and proof from an applicant or
licensee that he has received a license or renewal thereof from
a city, village or incorporated town, accompanied by the
required license or renewal fees, the Department shall issue a

HB2755 Engrossed - 65 - LRB099 08043 RPS 28187 b
license or renewal license to such person. The Department shall
not issue a license hereunder to any person who has failed to
qualify for a municipal license. If the issuance of a license
by the Department antedates regulatory action by a
municipality, the municipality shall issue a local license
unless the standards and requirements under its ordinance or
resolution are greater than those prescribed under this Act.
(b) In the event that the standards and requirements under
the ordinance or resolution of the municipality are greater
than those prescribed under this Act, the license issued by the
Department shall remain in effect pending reasonable
opportunity provided by the municipality, which shall be not
less than 60 days, for the licensee to comply with the local
requirements. Upon notice by the municipality, or upon the
Department's own determination that the licensee has failed to
qualify for a local license, the Department shall revoke such
license.
Section 3-107. Inspection; fees. The Department and the
city, village or incorporated town shall have the right at any
time to visit and inspect the premises and personnel of any
facility for the purpose of determining whether the applicant
or licensee is in compliance with this Act or with the local
ordinances which govern the regulation of the facility. The
Department may survey any former facility which once held a
license to ensure that the facility is not again operating

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without a license. Municipalities may charge a reasonable
license or renewal fee for the regulation of facilities, which
fees shall be in addition to the fees paid to the Department.
Section 3-107.1. Access by law enforcement officials and
agencies. Notwithstanding any other provision of this Act, the
Attorney General, the State's Attorneys and various law
enforcement agencies of this State and its political
subdivisions shall have full and open access to any facility
pursuant to Article 108 of the Code of Criminal Procedure of
1963 in the exercise of their investigatory and prosecutorial
powers in the enforcement of the criminal laws of this State.
Furthermore, the Attorney General, the State's Attorneys and
law enforcement agencies of this State shall inform the
Department of any violations of this Act of which they have
knowledge. Disclosure of matters before a grand jury shall be
made in accordance with Section 112-6 of the Code of Criminal
Procedure of 1963.
Section 3-108. Cooperation with State agencies. The
Department shall coordinate the functions within State
government affecting facilities licensed under this Act and
shall cooperate with other State agencies which establish
standards or requirements for facilities to assure necessary,
equitable, and consistent State supervision of licensees
without unnecessary duplication of survey, evaluation, and

HB2755 Engrossed - 67 - LRB099 08043 RPS 28187 b
consultation services or complaint investigations. The
Department shall cooperate with the Department of Human
Services in regard to facilities containing more than 20% of
residents for whom the Department of Human Services has
mandated follow up responsibilities under the Mental Health and
Developmental Disabilities Administrative Act. The Department
shall cooperate with the Department of Healthcare and Family
Services in regard to facilities where recipients of public aid
are residents. The Department shall immediately refer to the
Department of Financial and Professional Regulation (as
successor to the Department of Professional Regulation) for
investigation any credible evidence of which it has knowledge
that an individual licensed by that Department has violated
this Act or any rule issued under this Act. The Department
shall enter into agreements with other State Departments,
agencies or commissions to effectuate the purpose of this
Section.
Section 3-109. Issuance of license based on Director's
findings. Upon receipt and review of an application for a
license made under this Article and inspection of the applicant
facility under this Article, the Director shall 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

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or to direct or participate in the operation of a facility
by virtue of financial capacity, appropriate business or
professional experience, a record of compliance with
lawful orders of the Department and lack of revocation of a
license during the previous 5 years and is not the owner of
a facility designated pursuant to Section 3-304.2 as a
distressed facility;
(2) That the facility is under the supervision of an
administrator who is licensed, if required, under the
Nursing Home Administrators Licensing and Disciplinary
Act, as now or hereafter amended; and
(3) That the facility is in substantial compliance with
this Act, and such other requirements for a license as the
Department by rule may establish under this Act.
Section 3-110. Contents and period of license.
(a) Any license granted by the Director shall state the
maximum bed capacity for which it is granted, the date the
license was issued, and the expiration date. Except as provided
in subsection (b), such licenses shall normally be issued for a
period of one year. However, the Director may issue licenses or
renewals for periods of not less than 6 months nor more than 18
months for facilities with annual licenses and not less than 18
months nor more than 30 months for facilities with 2-year
licenses in order to distribute the expiration dates of such
licenses throughout the calendar year, and fees for such

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licenses shall be prorated on the basis of the portion of a
year for which they are issued. Each license shall be issued
only for the premises and persons named in the application and
shall not be transferable or assignable.
The Department shall require the licensee to comply with
the requirements of a court order issued under Section 3-515,
as a condition of licensing.
(b) A license for a period of 2 years shall be issued to a
facility if the facility:
(1) has not received a Type "AA" violation within the
last 12 months;
(1.5) has not received a Type "A" violation within the
last 24 months;
(2) has not received a Type "B" violation within the
last 24 months;
(3) has not had an inspection, survey, or evaluation
that resulted in the issuance of 10 or more administrative
warnings in the last 24 months;
(4) has not had an inspection, survey, or evaluation
that resulted in an administrative warning issued for a
violation of Sections 3-401 through 3-413 in the last 24
months;
(5) has not been issued an order to reimburse a
resident for a violation of Article II under subsection (6)
of Section 3-305 in the last 24 months; and
(6) has not been subject to sanctions or

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decertification for violations in relation to patient care
of a facility under Titles XVIII and XIX of the federal
Social Security Act within the last 24 months.
If a facility with a 2-year license fails to meet the
conditions in items (1) through (6) of this subsection, in
addition to any other sanctions that may be applied by the
Department under this Act, the facility's 2-year license shall
be replaced by a one year license until such time as the
facility again meets the conditions in items (1) through (6) of
this subsection.
Section 3-111. Issuance or renewal of license after notice
of violation. The issuance or renewal of a license after notice
of a violation has been sent shall not constitute a waiver by
the Department of its power to rely on the violation as the
basis for subsequent license revocation or other enforcement
action under this Act arising out of the notice of violation.
Section 3-112. Transfer of ownership; license.
(a) Whenever ownership of a facility is transferred from
the person named in the license to any other person, the
transferee must obtain a new probationary license. The
transferee shall notify the Department of the transfer and
apply for a new license at least 30 days prior to final
transfer. The Department may not approve the transfer of
ownership to an owner of a facility designated pursuant to

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Section 3-304.2 of this Act as a distressed facility.
(b) The transferor shall notify the Department at least 30
days prior to final transfer. The transferor shall remain
responsible for the operation of the facility until such time
as a license is issued to the transferee.
Section 3-113. Transferee; conditional license. The
license granted to the transferee shall be subject to the plan
of correction submitted by the previous owner and approved by
the Department and any conditions contained in a conditional
license issued to the previous owner. If there are outstanding
violations and no approved plan of correction has been
implemented, the Department may issue a conditional license and
plan of correction as provided in Sections 3-311 through 3-317.
Section 3-114. Transferor liable for penalties. The
transferor shall remain liable for all penalties assessed
against the facility which are imposed for violations occurring
prior to transfer of ownership.
Section 3-115. License renewal application. 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 in accordance with Section 3-110. The

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renewal application for a facility shall not be approved unless
the applicant has provided to the Department an accurate
disclosure document in accordance with the Alzheimer's Disease
and Related Dementias Special Care Disclosure Act. If
application for renewal is not timely filed, the Department
shall so inform the licensee.
Section 3-116. Probationary license. If the applicant has
not been previously licensed or if the facility is not in
operation at the time application is made, the Department shall
issue only a probationary license. A probationary license shall
be valid for 120 days unless sooner suspended or revoked under
Section 3-119. Within 30 days prior to the termination of a
probationary license, the Department shall fully and
completely inspect the facility and, if the facility meets the
applicable requirements for licensure, shall issue a license
under Section 3-109. If the Department finds that the facility
does not meet the requirements for licensure but has made
substantial progress toward meeting those requirements, the
license may be renewed once for a period not to exceed 120 days
from the expiration date of the initial probationary license.
Section 3-117. Denial of license; grounds. An application
for a license may be denied for any of the following reasons:
(1) Failure to meet any of the minimum standards set
forth by this Act or by rules and regulations promulgated

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by the Department under this Act.
(2) Conviction of the applicant, or if the applicant is
a firm, partnership or association, of any of its members,
or if a corporation, the conviction of the corporation or
any of its officers or stockholders, or of the person
designated to manage or supervise the facility, of a
felony, or of 2 or more misdemeanors involving moral
turpitude, during the previous 5 years as shown by a
certified copy of the record of the court of conviction.
(3) Personnel insufficient in number or unqualified by
training or experience to properly care for the proposed
number and type of residents.
(4) Insufficient financial or other resources to
operate and conduct the facility in accordance with
standards promulgated by the Department under this Act.
(5) Revocation of a facility license during the
previous 5 years, if such prior license was issued to the
individual applicant, a controlling owner or controlling
combination of owners of the applicant; or any affiliate of
the individual applicant or controlling owner of the
applicant and such individual applicant, controlling owner
of the applicant or affiliate of the applicant was a
controlling owner of the prior license; provided, however,
that the denial of an application for a license pursuant to
this subsection must be supported by evidence that such
prior revocation renders the applicant unqualified or

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incapable of meeting or maintaining a facility in
accordance with the standards and rules promulgated by the
Department under this Act.
(6) That the facility is not under the direct
supervision of a full time administrator, as defined by
regulation, who is licensed, if required, under the Nursing
Home Administrators Licensing and Disciplinary Act.
(7) That the facility is in receivership and the
proposed licensee has not submitted a specific detailed
plan to bring the facility into compliance with the
requirements of this Act and with federal certification
requirements, if the facility is certified, and to keep the
facility in such compliance.
(8) The applicant is the owner of a facility designated
pursuant to Section 3-304.2 of this Act as a distressed
facility.
Section 3-118. Notice of denial; request for hearing.
Immediately upon the denial of any application or reapplication
for a license under this Article, the Department shall notify
the applicant in writing. Notice of denial shall include a
clear and concise statement of the violations of Section 3-117
on which denial is based and notice of the opportunity for a
hearing under Section 3-703. If the applicant desires to
contest the denial of a license, it shall provide written
notice to the Department of a request for a hearing within 10

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days after receipt of the notice of denial. The Department
shall commence the hearing under Section 3-703.
Section 3-119. Suspension, revocation, or refusal to renew
license.
(a) The Department, after notice to the applicant or
licensee, may suspend, revoke or refuse to renew a license in
any case in which the Department finds any of the following:
(1) There has been a substantial failure to comply with
this Act or the rules and regulations promulgated by the
Department under this Act. A substantial failure by a
facility shall include, but not be limited to, any of the
following:
(A) termination of Medicare or Medicaid
certification by the Centers for Medicare and Medicaid
Services; or
(B) a failure by the facility to pay any fine
assessed under this Act after the Department has sent
to the facility and licensee at least 2 notices of
assessment that include a schedule of payments as
determined by the Department, taking into account
extenuating circumstances and financial hardships of
the facility.
(2) Conviction of the licensee, or of the person
designated to manage or supervise the facility, of a
felony, or of 2 or more misdemeanors involving moral

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turpitude, during the previous 5 years as shown by a
certified copy of the record of the court of conviction.
(3) Personnel is insufficient in number or unqualified
by training or experience to properly care for the number
and type of residents served by the facility.
(4) Financial or other resources are insufficient to
conduct and operate the facility in accordance with
standards promulgated by the Department under this Act.
(5) The facility is not under the direct supervision of
a full time administrator, as defined by regulation, who is
licensed, if required, under the Nursing Home
Administrators Licensing and Disciplinary Act.
(6) The facility has committed 2 Type "AA" violations
within a 2-year period.
(7) The facility has committed a Type "AA" violation
while the facility is listed as a "distressed facility".
(b) Notice under this Section shall include a clear and
concise statement of the violations on which the nonrenewal or
revocation is based, the statute or rule violated and notice of
the opportunity for a hearing under Section 3-703.
(c) If a facility desires to contest the nonrenewal or
revocation of a license, the facility shall, within 10 days
after receipt of notice under subsection (b) of this Section,
notify the Department in writing of its request for a hearing
under Section 3-703. Upon receipt of the request the Department
shall send notice to the facility and hold a hearing as

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provided under Section 3-703.
(d) The effective date of nonrenewal or revocation of a
license by the Department shall be any of the following:
(1) Until otherwise ordered by the circuit court,
revocation is effective on the date set by the Department
in the notice of revocation, or upon final action after
hearing under Section 3-703, whichever is later.
(2) Until otherwise ordered by the circuit court,
nonrenewal is effective on the date of expiration of any
existing license, or upon final action after hearing under
Section 3-703, whichever is later; however, a license shall
not be deemed to have expired if the Department fails to
timely respond to a timely request for renewal under this
Act or for a hearing to contest nonrenewal under paragraph
(c).
(3) The Department may extend the effective date of
license revocation or expiration in any case in order to
permit orderly removal and relocation of residents.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.

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Section 3-119.1. Ban on new admissions.
(a) Upon a finding by the Department that there has been a
substantial failure to comply with this Act or the rules and
regulations promulgated by the Department under this Act,
including, without limitation, the circumstances set forth in
subsection (a) of Section 3-119 of this Act, or if the
Department otherwise finds that it would be in the public
interest or the interest of the health, safety, and welfare of
facility residents, the Department may impose a ban on new
admissions to any facility licensed under this Act. The ban
shall continue until such time as the Department determines
that the circumstances giving rise to the ban no longer exist.
(b) The Department shall provide notice to the facility and
licensee of any ban imposed pursuant to subsection (a) of this
Section. The notice shall provide a clear and concise statement
of the circumstances on which the ban on new admissions is
based and notice of the opportunity for a hearing. If the
Department finds that the public interest or the health,
safety, or welfare of facility residents imperatively requires
immediate action and if the Department incorporates a finding
to that effect in its notice, then the ban on new admissions
may be ordered pending any hearing requested by the facility.
Those proceedings shall be promptly instituted and determined.
The Department shall promulgate rules defining the
circumstances under which a ban on new admissions may be
imposed.

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PART 2. GENERAL PROVISIONS
Section 3-201. Medical treatment; no prescription by
Department. The Department shall not prescribe the course of
medical treatment provided to an individual resident by the
resident's physician in a facility.
Section 3-202. Standards for facilities. The Department
shall prescribe minimum standards for facilities. These
standards shall regulate:
(1) Location and construction of the facility,
including plumbing, heating, lighting, ventilation, and
other physical conditions which shall ensure the health,
safety, and comfort of residents and their protection from
fire hazard;
(2) To the extent this Act has not established minimum
staffing requirements within this Act, the numbers and
qualifications of all personnel, including management and
nursing personnel, having responsibility for any part of
the care given to residents; specifically, the Department
shall establish staffing ratios for facilities which shall
specify the number of staff hours per resident of care that
are needed for professional nursing care for various types
of facilities or areas within facilities;
(3) All sanitary conditions within the facility and its

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surroundings, including water supply, sewage disposal,
food handling, and general hygiene, which shall ensure the
health and comfort of residents;
(4) Diet related to the needs of each resident based on
good nutritional practice and on recommendations which may
be made by the physicians attending the resident;
(5) Equipment essential to the health and welfare of
the residents;
(6) A program of habilitation and rehabilitation for
those residents who would benefit from such programs;
(7) A program for adequate maintenance of physical
plant and equipment;
(8) Adequate accommodations, staff and services for
the number and types of residents for whom the facility is
licensed to care, including standards for temperature and
relative humidity within comfort zones determined by the
Department based upon a combination of air temperature,
relative humidity and air movement. Such standards shall
also require facility plans that provide for health and
comfort of residents at medical risk as determined by the
attending physician whenever the temperature and relative
humidity are outside such comfort zones established by the
Department. The standards must include a requirement that
areas of a facility used by residents of the facility be
air-conditioned and heated by means of operable
air-conditioning and heating equipment. The areas subject

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to this air-conditioning and heating requirement include,
without limitation, bedrooms or common areas such as
sitting rooms, activity rooms, living rooms, community
rooms, and dining rooms;
(9) Development of evacuation and other appropriate
safety plans for use during weather, health, fire, physical
plant, environmental and national defense emergencies; and
(10) Maintenance of minimum financial or other
resources necessary to meet the standards established
under this Section, and to operate and conduct the facility
in accordance with this Act.
Section 3-202.1. Weather or hazard alert system. The
Department shall develop and implement a system of alerting and
educating facilities and their personnel as to the existence or
possibility of weather or other hazardous circumstances which
may endanger resident health or safety and designating any
precautions to prevent or minimize such danger. The Department
may assist any facility experiencing difficulty in dealing with
such emergencies. The Department may provide for announcement
to the public of the dangers posed to facility residents by
such existing or potential weather or hazardous circumstances.
Section 3-202.2a. Comprehensive resident care plan. A
facility, with the participation of the resident and the
resident's guardian or resident's representative, as

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applicable, must develop and implement a comprehensive care
plan for each resident that includes measurable objectives and
timetables to meet the resident's medical, nursing, mental
health, psychosocial, and habilitation needs that are
identified in the resident's comprehensive assessment that
allows the resident to attain or maintain the highest
practicable level of independent functioning and provide for
discharge planning to the least restrictive setting based on
the resident's care needs. The assessment shall be developed
with the active participation of the resident and the
resident's guardian or resident's representative, as
applicable.
Section 3-202.3. Identified offenders as residents. No
later than 30 days after the effective date of this Act, the
Department shall file with the Illinois Secretary of State's
Office, pursuant to the Illinois Administrative Procedure Act,
emergency rules regarding the provision of services to
identified offenders. The emergency rules shall provide for, or
include, but not be limited to the following:
(1) A process for the identification of identified
offenders.
(2) A required risk assessment of identified
offenders.
(3) A requirement that a licensed facility be required,
within 10 days of the filing of the emergency rules, to

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compare its residents against the Illinois Department of
Corrections and Illinois State Police registered sex
offender databases.
(4) A requirement that the licensed facility notify the
Department within 48 hours of determining that a resident
or residents of the licensed facility are listed on the
Illinois Department of Corrections or Illinois State
Police registered sex offender databases.
(5) The care planning of identified offenders, which
shall include, but not be limited to, a description of the
security measures necessary to protect facility residents
from the identified offender, including whether the
identified offender should be segregated from other
facility residents.
(6) For offenders serving terms of probation for felony
offenses, parole, or mandatory supervised release, the
facility shall acknowledge the terms of release as imposed
by the court or Illinois Prisoner Review Board.
(7) The discharge planning for identified offenders.
Section 3-202.4. Feasibility of segregating identified
offenders. The Department shall determine the feasibility of
requiring identified offenders that seek admission to a
licensed facility to be segregated from other residents.
Section 3-202.5. Facility plan review; fees.

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(a) Before commencing construction of a new facility or
specified types of alteration or additions to an existing
facility involving major construction, as defined by rule by
the Department, with an estimated cost greater than $100,000,
architectural drawings and specifications for the facility
shall be submitted to the Department for review and approval. A
facility may submit architectural drawings and specifications
for other construction projects for Department review
according to subsection (b) that shall not be subject to fees
under subsection (d). Review of drawings and specifications
shall be conducted by an employee of the Department meeting the
qualifications established by the Department of Central
Management Services class specifications for such an
individual's position or by a person contracting with the
Department who meets those class specifications. Final
approval of the drawings and specifications for compliance with
design and construction standards shall be obtained from the
Department before the alteration, addition, or new
construction is begun.
(b) The Department shall inform an applicant in writing
within 10 working days after receiving drawings and
specifications and the required fee, if any, from the applicant
whether the applicant's submission is complete or incomplete.
Failure to provide the applicant with this notice within 10
working days shall result in the submission being deemed
complete for purposes of initiating the 60 day review period

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under this Section. If the submission is incomplete, the
Department shall inform the applicant of the deficiencies with
the submission in writing. If the submission is complete the
required fee, if any, has been paid, the Department shall
approve or disapprove drawings and specifications submitted to
the Department no later than 60 days following receipt by the
Department. The drawings and specifications shall be of
sufficient detail, as provided by Department rule, to enable
the Department to render a determination of compliance with
design and construction standards under this Act. If the
Department finds that the drawings are not of sufficient detail
for it to render a determination of compliance, the plans shall
be determined to be incomplete and shall not be considered for
purposes of initiating the 60 day review period. If a
submission of drawings and specifications is incomplete, the
applicant may submit additional information. The 60 day review
period shall not commence until the Department determines that
a submission of drawings and specifications is complete or the
submission is deemed complete. If the Department has not
approved or disapproved the drawings and specifications within
60 days, the construction, major alteration, or addition shall
be deemed approved. If the drawings and specifications are
disapproved, the Department shall state in writing, with
specificity, the reasons for the disapproval. The entity
submitting the drawings and specifications may submit
additional information in response to the written comments from

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the Department or request a reconsideration of the disapproval.
A final decision of approval or disapproval shall be made
within 45 days of the receipt of the additional information or
reconsideration request. If denied, the Department shall state
the specific reasons for the denial.
(c) The Department shall provide written approval for
occupancy pursuant to subsection (g) and shall not issue a
violation to a facility as a result of a licensure or complaint
survey based upon the facility's physical structure if:
(1) the Department reviewed and approved or deemed
approved the drawings and specifications for compliance
with design and construction standards;
(2) the construction, major alteration, or addition
was built as submitted;
(3) the law or rules have not been amended since the
original approval; and
(4) the conditions at the facility indicate that there
is a reasonable degree of safety provided for the
residents.
(d) (Blank).
(e) All fees received by the Department under this Section
shall be deposited into the Health Facility Plan Review Fund, a
special fund created in the State Treasury. Moneys shall be
appropriated from that Fund to the Department only to pay the
costs of conducting reviews under this Section, under Section
3-202.5 of the Nursing Home Care Act, or under Section 3-202.5

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of the ID/DD Community Care Act. None of the moneys in the
Health Facility Plan Review Fund shall be used to reduce the
amount of General Revenue Fund moneys appropriated to the
Department for facility plan reviews conducted pursuant to this
Section.
(f) (Blank).
(g) The Department shall conduct an on site inspection of
the completed project no later than 30 days after notification
from the applicant that the project has been completed and all
certifications required by the Department have been received
and accepted by the Department. The Department shall provide
written approval for occupancy to the applicant within 5
working days of the Department's final inspection, provided the
applicant has demonstrated substantial compliance as defined
by Department rule. Occupancy of new major construction is
prohibited until Department approval is received, unless the
Department has not acted within the time frames provided in
this subsection (g), in which case the construction shall be
deemed approved. Occupancy shall be authorized after any
required health inspection by the Department has been
conducted.
(h) The Department shall establish, by rule, a procedure to
conduct interim on site review of large or complex construction
projects.
(i) The Department shall establish, by rule, an expedited
process for emergency repairs or replacement of like equipment.

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(j) Nothing in this Section shall be construed to apply to
maintenance, upkeep, or renovation that does not affect the
structural integrity of the building, does not add beds or
services over the number for which the facility is licensed,
and provides a reasonable degree of safety for the residents.
Section 3-203. Standards for persons with developmental
disability or emotional or behavioral disorder. In licensing
any facility for persons with a developmental disability or
persons suffering from emotional or behavioral disorders, the
Department shall consult with the Department of Human Services
in developing minimum standards for such persons.
Section 3-204. License classifications. In addition to the
authority to prescribe minimum standards, the Department may
adopt license classifications of facilities according to the
levels of service, and if license classification is adopted the
applicable minimum standards shall define the classification.
In adopting classification of the license of facilities, the
Department may give recognition to the classification of
services defined or prescribed by federal statute or federal
rule or regulation. More than one classification of the license
may be issued to the same facility when the prescribed minimum
standards and regulations are met.
Section 3-205. Municipalities; license classifications.

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Where licensing responsibilities are performed by a city,
village or incorporated town, the municipality shall use the
same classifications as the Department; and a facility may not
be licensed for a different classification by the Department
than by the municipality.
Section 3-206. Curriculum for training nursing assistants
and aides. The Department shall prescribe a curriculum for
training nursing assistants, habilitation aides, and child
care aides.
(a) No person, except a volunteer who receives no
compensation from a facility and is not included for the
purpose of meeting any staffing requirements set forth by the
Department, shall act as a nursing assistant, habilitation
aide, or child care aide in a facility, nor shall any person,
under any other title, not licensed, certified, or registered
to render medical care by the Department of Financial and
Professional Regulation, assist with the personal, medical, or
nursing care of residents in a facility, unless such person
meets the following requirements:
(1) Be at least 16 years of age, of temperate habits
and good moral character, honest, reliable and
trustworthy.
(2) Be able to speak and understand the English
language or a language understood by a substantial
percentage of the facility's residents.

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(3) Provide evidence of employment or occupation, if
any, and residence for 2 years prior to his or her present
employment.
(4) Have completed at least 8 years of grade school or
provide proof of equivalent knowledge.
(5) Begin a current course of training for nursing
assistants, habilitation aides, or child care aides,
approved by the Department, within 45 days of initial
employment in the capacity of a nursing assistant,
habilitation aide, or child care aide at any facility. Such
courses of training shall be successfully completed within
120 days of initial employment in the capacity of nursing
assistant, habilitation aide, or child care aide at a
facility. Nursing assistants, habilitation aides, and
child care aides who are enrolled in approved courses in
community colleges or other educational institutions on a
term, semester or trimester basis, shall be exempt from the
120-day completion time limit. The Department shall adopt
rules for such courses of training. These rules shall
include procedures for facilities to carry on an approved
course of training within the facility.
The Department may accept comparable training in lieu
of the 120-hour course for student nurses, foreign nurses,
military personnel, or employees of the Department of Human
Services.
The facility shall develop and implement procedures,

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which shall be approved by the Department, for an ongoing
review process, which shall take place within the facility,
for nursing assistants, habilitation aides, and child care
aides.
At the time of each regularly scheduled licensure
survey, or at the time of a complaint investigation, the
Department may require any nursing assistant, habilitation
aide, or child care aide to demonstrate, either through
written examination or action, or both, sufficient
knowledge in all areas of required training. If such
knowledge is inadequate the Department shall require the
nursing assistant, habilitation aide, or child care aide to
complete inservice training and review in the facility
until the nursing assistant, habilitation aide, or child
care aide demonstrates to the Department, either through
written examination or action, or both, sufficient
knowledge in all areas of required training; and
(6) Be familiar with and have general skills related to
resident care.
(a-0.5) An educational entity, other than a secondary
school, conducting a nursing assistant, habilitation aide, or
child care aide training program shall initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act prior to entry of an individual into the
training program. A secondary school may initiate a criminal
history record check in accordance with the Health Care Worker

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Background Check Act at any time during or after a training
program.
(a-1) Nursing assistants, habilitation aides, or child
care aides seeking to be included on the registry maintained
under Section 3-206.01 of this Act must authorize the
Department of Public Health or its designee to request a
criminal history record check in accordance with the Health
Care Worker Background Check Act and submit all necessary
information. An individual may not newly be included on the
registry unless a criminal history record check has been
conducted with respect to the individual.
(b) Persons subject to this Section shall perform their
duties under the supervision of a licensed nurse or other
appropriately trained, licensed, or certified personnel.
(c) It is unlawful for any facility to employ any person in
the capacity of nursing assistant, habilitation aide, or child
care aide, or under any other title, not licensed by the State
of Illinois to assist in the personal, medical, or nursing care
of residents in such facility unless such person has complied
with this Section.
(d) Proof of compliance by each employee with the
requirements set out in this Section shall be maintained for
each such employee by each facility in the individual personnel
folder of the employee. Proof of training shall be obtained
only from the health care worker registry.
(e) Each facility shall obtain access to the health care

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worker registry's web application, maintain the employment and
demographic information relating to each employee, and verify
by the category and type of employment that each employee
subject to this Section meets all the requirements of this
Section.
(f) Any facility that is operated under Section 3-803 shall
be exempt from the requirements of this Section.
(g) Each skilled nursing and intermediate care facility
that admits persons who are diagnosed as having Alzheimer's
disease or related dementias shall require all nursing
assistants, habilitation aides, or child care aides, who did
not receive 12 hours of training in the care and treatment of
such residents during the training required under paragraph (5)
of subsection (a), to obtain 12 hours of in house training in
the care and treatment of such residents. If the facility does
not provide the training in house, the training shall be
obtained from other facilities, community colleges or other
educational institutions that have a recognized course for such
training. The Department shall, by rule, establish a recognized
course for such training.
The Department's rules shall provide that such training may
be conducted in house at each facility subject to the
requirements of this subsection, in which case such training
shall be monitored by the Department. The Department's rules
shall also provide for circumstances and procedures whereby any
person who has received training that meets the requirements of

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this subsection shall not be required to undergo additional
training if he or she is transferred to or obtains employment
at a different facility or a facility other than those licensed
under this Act but remains continuously employed as a nursing
assistant, habilitation aide, or child care aide. Individuals
who have performed no nursing, nursing-related services, or
habilitation services for a period of 24 consecutive months
shall be listed as inactive and as such do not meet the
requirements of this Section. Licensed sheltered care
facilities shall be exempt from the requirements of this
Section.
Section 3-206.01. Health care worker registry.
(a) The Department shall establish and maintain a registry
of all individuals who (i) have satisfactorily completed the
training required by Section 3-206, (ii) have begun a current
course of training as set forth in Section 3-206, or (iii) are
otherwise acting as a nursing assistant, habilitation aide,
home health aide, or child care aide. The registry shall
include the individual's name, his or her current address,
Social Security number, and whether the individual has any of
the disqualifying convictions listed in Section 25 of the
Health Care Worker Background Check Act from the date and
location of the training course completed by the individual,
and the date of the individual's last criminal records check.
Any individual placed on the registry is required to inform the

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Department of any change of address within 30 days. A facility
shall not employ an individual as a nursing assistant,
habilitation aide, home health aide, or child care aide, or
newly hired as an individual who may have access to a resident,
a resident's living quarters, or a resident's personal,
financial, or medical records, unless the facility has inquired
of the Department's health care worker registry as to
information in the registry concerning the individual. The
facility shall not employ an individual as a nursing assistant,
habilitation aide, or child care aide if that individual is not
on the registry unless the individual is enrolled in a training
program under paragraph (5) of subsection (a) of Section 3-206
of this Act.
If the Department finds that a nursing assistant,
habilitation aide, home health aide, child care aide, or an
unlicensed individual, has abused or neglected a resident or an
individual under his or her care, or misappropriated property
of a resident or an individual under his or her care in a
facility, the Department shall notify the individual of this
finding by certified mail sent to the address contained in the
registry. The notice shall give the individual an opportunity
to contest the finding in a hearing before the Department or to
submit a written response to the findings in lieu of requesting
a hearing. If, after a hearing or if the individual does not
request a hearing, the Department finds that the individual
abused a resident, neglected a resident, or misappropriated

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resident property in a facility, the finding shall be included
as part of the registry as well as a clear and accurate summary
statement from the individual, if he or she chooses to make
such a statement. The Department shall make the following
information in the registry available to the public: an
individual's full name; the date an individual successfully
completed a nurse aide training or competency evaluation; and
whether the Department has made a finding that an individual
has been guilty of abuse or neglect of a resident or
misappropriation of resident's property. In the case of
inquiries to the registry concerning an individual listed in
the registry, any information disclosed concerning such a
finding shall also include disclosure of the individual's
statement in the registry relating to the finding or a clear
and accurate summary of the statement.
(b) The Department shall add to the health care worker
registry records of findings as reported by the Inspector
General or remove from the health care worker registry records
of findings as reported by the Department of Human Services,
under subsection (s) of Section 1-17 of the Department of Human
Services Act.
Section 3-206.02. Designation on registry for offense.
(a) The Department, after notice to the nursing assistant,
habilitation aide, home health aide, or child care aide, may
designate that the Department has found any of the following:

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(1) The nursing assistant, habilitation aide, home
health aide, or child care aide has abused a resident.
(2) The nursing assistant, habilitation aide, home
health aide, or child care aide has neglected a resident.
(3) The nursing assistant, habilitation aide, home
health aide, or child care aide has misappropriated
resident property.
(4) The nursing assistant, habilitation aide, home
health aide, or child care aide has been convicted of (i) a
felony, (ii) a misdemeanor, an essential element of which
is dishonesty, or (iii) any crime that is directly related
to the duties of a nursing assistant, habilitation aide, or
child care aide.
(b) Notice under this Section shall include a clear and
concise statement of the grounds denoting abuse, neglect, or
theft and notice of the opportunity for a hearing to contest
the designation.
(c) The Department may designate any nursing assistant,
habilitation aide, home health aide, or child care aide on the
registry who fails (i) to file a return, (ii) to pay the tax,
penalty or interest shown in a filed return, or (iii) to pay
any final assessment of tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue, until the time the requirements of the tax Act are
satisfied.
(c-1) The Department shall document criminal background

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check results pursuant to the requirements of the Health Care
Worker Background Check Act.
(d) At any time after the designation on the registry
pursuant to subsection (a), (b), or (c) of this Section, a
nursing assistant, habilitation aide, home health aide, or
child care aide may petition the Department for removal of a
designation of neglect on the registry. The Department may
remove the designation of neglect of the nursing assistant,
habilitation aide, home health aide, or child care aide on the
registry unless, after an investigation and a hearing, the
Department determines that removal of designation is not in the
public interest.
Section 3-206.03. Resident attendants.
(a) As used in this Section, "resident attendant" means an
individual who assists residents in a facility with the
following activities:
(1) eating and drinking; and
(2) personal hygiene limited to washing a resident's
hands and face, brushing and combing a resident's hair,
oral hygiene, shaving residents with an electric razor, and
applying makeup.
The term "resident attendant" does not include an
individual who:
(1) is a licensed health professional or a registered
dietitian;

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(2) volunteers without monetary compensation;
(3) is a nurse assistant; or
(4) performs any nursing or nursing related services
for residents of a facility.
(b) A facility may employ resident attendants to assist the
nurse aides with the activities authorized under subsection
(a). The resident attendants shall not count in the minimum
staffing requirements under rules implementing this Act.
(c) A facility may not use on a full time or other paid
basis any individual as a resident attendant in the facility
unless the individual:
(1) has completed a training and competency evaluation
program encompassing the tasks the individual provides;
and
(2) is competent to provide feeding, hydration, and
personal hygiene services.
(d) The training and competency evaluation program may be
facility based. It may include one or more of the following
units:
(1) A feeding unit that is a maximum of 5 hours in
length.
(2) A hydration unit that is a maximum of 3 hours in
length.
(3) A personal hygiene unit that is a maximum of 5
hours in length. These programs must be reviewed and
approved by the Department every 2 years.

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(e) (Blank).
(f) A person seeking employment as a resident attendant is
subject to the Health Care Worker Background Check Act.
Section 3-206.04. Transfer of ownership following
suspension or revocation; discussion with new owner. Whenever
ownership of a private facility is transferred to another
private owner following a final order for a suspension or
revocation of the facility's license, the Department shall
discuss with the new owner all noted problems associated with
the facility and shall determine what additional training, if
any, is needed for the direct care staff.
Section 3-206.05. Registry checks for employees.
(a) Within 60 days after the effective date of this Act,
the Department shall require all facilities to conduct required
registry checks on employees at the time of hire and annually
thereafter during employment. The required registries to be
checked are the Health Care Worker Registry, the Department of
Children and Family Services' State Central Register, and the
Illinois Sex Offender Registry. A person may not be employed if
he or she is found to have disqualifying convictions or
substantiated cases of abuse or neglect. At the time of the
annual registry checks, if a current employee's name has been
placed on a registry with disqualifying convictions or
disqualifying substantiated cases of abuse or neglect, then the

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employee must be terminated. Disqualifying convictions or
disqualifying substantiated cases of abuse or neglect are
defined for the Department of Children and Family Services
Central Register by the Department of Children and Family
Services' standards for background checks in Part 385 of Title
89 of the Illinois Administrative Code. Disqualifying
convictions or disqualifying substantiated cases of abuse or
neglect are defined for the Health Care Worker Registry by the
Health Care Worker Background Check Act and within this Act. A
facility's failure to conduct the required registry checks will
constitute a Type "B" violation.
(b) In collaboration with the Department of Children and
Family Services and the Department of Human Services, the
Department shall establish a waiver process from the
prohibition of employment or termination of employment
requirements in subsection (a) of this Section for any
applicant or employee listed under the Department of Children
and Family Services' State Central Register seeking to be hired
or maintain his or her employment with a facility under this
Act. The waiver process for applicants and employees outlined
under Section 40 of the Health Care Worker Background Check Act
shall remain in effect for individuals listed on the Health
Care Worker Registry.
Section 3-207. Statement of ownership.
(a) As a condition of the issuance or renewal of the

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license of any facility, the applicant shall file a statement
of ownership. The applicant shall update the information
required in the statement of ownership within 10 days of any
change.
(b) The statement of ownership shall include the following:
(1) The name, address, telephone number, occupation or
business activity, business address and business telephone
number of the person who is the owner of the facility and
every person who owns the building in which the facility is
located, if other than the owner of the facility, which is
the subject of the application or license; and if the owner
is a partnership or corporation, the name of every partner
and stockholder of the owner;
(2) The name and address of any facility, wherever
located, any financial interest in which is owned by the
applicant, if the facility were required to be licensed if
it were located in this State; and
(3) Other information necessary to determine the
identity and qualifications of an applicant or licensee to
operate a facility in accordance with this Act as required
by the Department in regulations.
(c) The information in the statement of ownership shall be
public information and shall be available from the Department.
Section 3-208. Annual financial statement.
(a) Each licensee shall file annually, or more often as the

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Director shall by rule prescribe an attested financial
statement. The Director may order an audited financial
statement of a particular facility by an auditor of the
Director's choice, provided the cost of such audit is paid by
the Department.
(b) No public funds shall be expended for the maintenance
of any resident in a facility which has failed to file the
financial statement required under this Section and no public
funds shall be paid to or on behalf of a facility which has
failed to file a statement.
(c) The Director of Public Health and the Director of
Healthcare and Family Services shall promulgate under Sections
3-801 and 3-802, one set of regulations for the filing of these
financial statements, and shall provide in these regulations
for forms, required information, intervals and dates of filing
and such other provisions as they may deem necessary.
(d) The Director of Public Health and the Director of
Healthcare and Family Services shall seek the advice and
comments of other State and federal agencies which require the
submission of financial data from facilities licensed under
this Act and shall incorporate the information requirements of
these agencies so as to impose the least possible burden on
licensees. No other State agency may require submission of
financial data except as expressly authorized by law or as
necessary to meet requirements of federal statutes or
regulations. Information obtained under this Section shall be

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made available, upon request, by the Department to any other
State agency or legislative commission to which such
information is necessary for investigations or required for the
purposes of State or federal law or regulation.
Section 3-209. Posting of information. Every facility
shall conspicuously post for display in an area of its offices
accessible to residents, employees, and visitors the
following:
(1) Its current license;
(2) A description, provided by the Department, of
complaint procedures established under this Act and the
name, address, and telephone number of a person authorized
by the Department to receive complaints;
(3) A copy of any order pertaining to the facility
issued by the Department or a court; and
(4) A list of the material available for public
inspection under Section 3-210.
Section 3-210. Materials for public inspection.
A facility shall retain the following for public
inspection:
(1) A complete copy of every inspection report of the
facility received from the Department during the past 5
years;
(2) A copy of every order pertaining to the facility

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issued by the Department or a court during the past 5
years;
(3) A description of the services provided by the
facility and the rates charged for those services and items
for which a resident may be separately charged;
(4) A copy of the statement of ownership required by
Section 3-207;
(5) A record of personnel employed or retained by the
facility who are licensed, certified or registered by the
Department of Financial and Professional Regulation (as
successor to the Department of Professional Regulation);
(6) A complete copy of the most recent inspection
report of the facility received from the Department; and
(7) A copy of the current Consumer Choice Information
Report required by Section 2-214.
Section 3-211. No State or federal funds to unlicensed
facility. No State or federal funds which are appropriated by
the General Assembly or which pass through the General Revenue
Fund or any special fund in the State Treasury shall be paid to
a facility not having a license issued under this Act.
Section 3-212. Inspection of facility by Department;
report.
(a) The Department, whenever it deems necessary in
accordance with subsection (b), shall inspect, survey and

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evaluate every facility to determine compliance with
applicable licensure requirements and standards. Submission of
a facility's current Consumer Choice Information Report
required by Section 2-214 shall be verified at the time of
inspection. An inspection should occur within 120 days prior to
license renewal. The Department may periodically visit a
facility for the purpose of consultation. An inspection,
survey, or evaluation, other than an inspection of financial
records, shall be conducted without prior notice to the
facility. A visit for the sole purpose of consultation may be
announced. The Department shall provide training to surveyors
about the appropriate assessment, care planning, and care of
persons with mental illness (other than Alzheimer's disease or
related disorders) to enable its surveyors to determine whether
a facility is complying with State and federal requirements
about the assessment, care planning, and care of those persons.
(a-1) An employee of a State or unit of local government
agency charged with inspecting, surveying, and evaluating
facilities who directly or indirectly gives prior notice of an
inspection, survey, or evaluation, other than an inspection of
financial records, to a facility or to an employee of a
facility is guilty of a Class A misdemeanor. An inspector or an
employee of the Department who intentionally prenotifies a
facility, orally or in writing, of a pending complaint
investigation or inspection shall be guilty of a Class A
misdemeanor. Superiors of persons who have prenotified a

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facility shall be subject to the same penalties, if they have
knowingly allowed the prenotification. A person found guilty of
prenotifying a facility shall be subject to disciplinary action
by his or her employer. If the Department has a good faith
belief, based upon information that comes to its attention,
that a violation of this subsection has occurred, it must file
a complaint with the Attorney General or the State's Attorney
in the county where the violation took place within 30 days
after discovery of the information.
(a-2) An employee of a State or unit of local government
agency charged with inspecting, surveying, or evaluating
facilities who willfully profits from violating the
confidentiality of the inspection, survey, or evaluation
process shall be guilty of a Class 4 felony and that conduct
shall be deemed unprofessional conduct that may subject a
person to loss of his or her professional license. An action to
prosecute a person for violating this subsection (a-2) may be
brought by either the Attorney General or the State's Attorney
in the county where the violation took place.
(b) In determining whether to make more than the required
number of unannounced inspections, surveys and evaluations of a
facility the Department shall consider one or more of the
following: previous inspection reports; the facility's history
of compliance with standards, rules and regulations
promulgated under this Act and correction of violations,
penalties or other enforcement actions; the number and severity

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of complaints received about the facility; any allegations of
resident abuse or neglect; weather conditions; health
emergencies; other reasonable belief that deficiencies exist.
(b-1) The Department shall not be required to determine
whether a facility certified to participate in the Medicare
program under Title XVIII of the Social Security Act, or the
Medicaid program under Title XIX of the Social Security Act,
and which the Department determines by inspection under this
Section or under Section 3-702 of this Act to be in compliance
with the certification requirements of Title XVIII or XIX, is
in compliance with any requirement of this Act that is less
stringent than or duplicates a federal certification
requirement. In accordance with subsection (a) of this Section
or subsection (d) of Section 3-702, the Department shall
determine whether a certified facility is in compliance with
requirements of this Act that exceed federal certification
requirements. If a certified facility is found to be out of
compliance with federal certification requirements, the
results of an inspection conducted pursuant to Title XVIII or
XIX of the Social Security Act may be used as the basis for
enforcement remedies authorized and commenced, with the
Department's discretion to evaluate whether penalties are
warranted, under this Act. Enforcement of this Act against a
certified facility shall be commenced pursuant to the
requirements of this Act, unless enforcement remedies sought
pursuant to Title XVIII or XIX of the Social Security Act

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exceed those authorized by this Act. As used in this
subsection, "enforcement remedy" means a sanction for
violating a federal certification requirement or this Act.
(c) Upon completion of each inspection, survey and
evaluation, the appropriate Department personnel who conducted
the inspection, survey or evaluation shall submit a copy of
their report to the licensee upon exiting the facility, and
shall submit the actual report to the appropriate regional
office of the Department. Such report and any recommendations
for action by the Department under this Act shall be
transmitted to the appropriate offices of the associate
director of the Department, together with related comments or
documentation provided by the licensee which may refute
findings in the report, which explain extenuating
circumstances that the facility could not reasonably have
prevented, or which indicate methods and timetables for
correction of deficiencies described in the report. Without
affecting the application of subsection (a) of Section 3-303,
any documentation or comments of the licensee shall be provided
within 10 days of receipt of the copy of the report. Such
report shall recommend to the Director appropriate action under
this Act with respect to findings against a facility. The
Director shall then determine whether the report's findings
constitute a violation or violations of which the facility must
be given notice. Such determination shall be based upon the
severity of the finding, the danger posed to resident health

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and safety, the comments and documentation provided by the
facility, the diligence and efforts to correct deficiencies,
correction of the reported deficiencies, the frequency and
duration of similar findings in previous reports and the
facility's general inspection history. The Department shall
determine violations under this subsection no later than 90
days after completion of each inspection, survey and
evaluation.
(d) The Department shall maintain all inspection, survey
and evaluation reports for at least 5 years in a manner
accessible to and understandable by the public.
(e) The Department shall conduct a revisit to its licensure
and certification surveys, consistent with federal regulations
and guidelines.
Section 3-213. Periodic reports to Department. The
Department shall require periodic reports and shall have access
to and may reproduce or photocopy at its cost any books,
records, and other documents maintained by the facility to the
extent necessary to carry out this Act and the rules
promulgated under this Act. The Department shall not divulge or
disclose the contents of a record under this Section in
violation of Section 2-206 or as otherwise prohibited by this
Act.
Section 3-214. Consent to Department inspection. Any

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holder of a license or applicant for a license shall be deemed
to have given consent to any authorized officer, employee or
agent of the Department to enter and inspect the facility in
accordance with this Article. Refusal to permit such entry or
inspection shall constitute grounds for denial, nonrenewal or
revocation of a license as provided in Section 3-117 or 3-119
of this Act.
Section 3-215. Annual report on facility by Department. The
Department shall make at least one report on each facility in
the State annually, unless the facility has been issued a
2-year license under subsection (b) of Section 3-110 for which
the report shall be made every 2 years. All conditions and
practices not in compliance with applicable standards within
the report period shall be specifically stated. If a violation
is corrected or is subject to an approved plan of correction,
the same shall be specified in the report. The Department shall
send a copy to any person on receiving a written request. The
Department may charge a reasonable fee to cover copying costs.
Section 3-216. Fire inspections; authority.
(a) (Blank).
(b) For facilities licensed under this Act, the Office of
the State Fire Marshal shall provide the necessary fire
inspection to comply with licensing requirements. The Office of
the State Fire Marshal may enter into an agreement with another

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State agency to conduct this inspection if qualified personnel
are employed by that agency. Code enforcement inspection of the
facility by the local authority shall only occur if the local
authority having jurisdiction enforces code requirements that
are more stringent than those enforced by the State Fire
Marshal. Nothing in this Section shall prohibit a local fire
authority from conducting fire incident planning activities.
PART 3. VIOLATIONS AND PENALTIES
Section 3-301. Notice of violation of Act or rules. If
after receiving the report specified in subsection (c) of
Section 3-212 the Director or his or her designee determines
that a facility is in violation of this Act or of any rule
promulgated thereunder, the Director or his or her designee
shall serve a notice of violation upon the licensee within 10
days thereafter. Each notice of violation shall be prepared in
writing and shall specify the nature of the violation, and the
statutory provision or rule alleged to have been violated. The
notice shall inform the licensee of any action the Department
may take under the Act, including the requirement of a facility
plan of correction under Section 3-303; placement of the
facility on a list prepared under Section 3-304; assessment of
a penalty under Section 3-305; a conditional license under
Sections 3-311 through 3-317; or license suspension or
revocation under Section 3-119. The Director or his or her

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designee shall also inform the licensee of rights to a hearing
under Section 3-703.
Section 3-302. Each day a separate violation. Each day the
violation exists after the date upon which a notice of
violation is served under Section 3-301 shall constitute a
separate violation for purposes of assessing penalties or fines
under Section 3-305. The submission of a plan of correction
pursuant to subsection (b) of Section 3-303 does not prohibit
or preclude the Department from assessing penalties or fines
pursuant to Section 3-305 for those violations found to be
valid except as provided under Section 3-308 in relation to
Type "B" violations. No penalty or fine may be assessed for a
condition for which the facility has received a variance or
waiver of a standard.
Section 3-303. Correction of violations; hearing.
(a) The situation, condition or practice constituting a
Type "AA" violation or a Type "A" violation shall be abated or
eliminated immediately unless a fixed period of time, not
exceeding 15 days, as determined by the Department and
specified in the notice of violation, is required for
correction.
(b) At the time of issuance of a notice of a Type "B"
violation, the Department shall request a plan of correction
which is subject to the Department's approval. The facility

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shall have 10 days after receipt of notice of violation in
which to prepare and submit a plan of correction. The
Department may extend this period up to 30 days where
correction involves substantial capital improvement. The plan
shall include a fixed time period not in excess of 90 days
within which violations are to be corrected. If the Department
rejects a plan of correction, it shall send notice of the
rejection and the reason for the rejection to the facility. The
facility shall have 10 days after receipt of the notice of
rejection in which to submit a modified plan. If the modified
plan is not timely submitted, or if the modified plan is
rejected, the facility shall follow an approved plan of
correction imposed by the Department.
(c) If the violation has been corrected prior to submission
and approval of a plan of correction, the facility may submit a
report of correction in place of a plan of correction. Such
report shall be signed by the administrator under oath.
(d) Upon a licensee's petition, the Department shall
determine whether to grant a licensee's request for an extended
correction time. Such petition shall be served on the
Department prior to expiration of the correction time
originally approved. The burden of proof is on the petitioning
facility to show good cause for not being able to comply with
the original correction time approved.
(e) If a facility desires to contest any Department action
under this Section it shall send a written request for a

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hearing under Section 3-703 to the Department within 10 days of
receipt of notice of the contested action. The Department shall
commence the hearing as provided under Section 3-703. Whenever
possible, all action of the Department under this Section
arising out of a violation shall be contested and determined at
a single hearing. Issues decided after a hearing may not be
reheard at subsequent hearings under this Section.
Section 3-303.1. Waiver of facility's compliance with rule
or standard. Upon application by a facility, the Director may
grant or renew the waiver of the facility's compliance with a
rule or standard for a period not to exceed the duration of the
current license or, in the case of an application for license
renewal, the duration of the renewal period. The waiver may be
conditioned upon the facility taking action prescribed by the
Director as a measure equivalent to compliance. In determining
whether to grant or renew a waiver, the Director shall consider
the duration and basis for any current waiver with respect to
the same rule or standard and the validity and effect upon
patient health and safety of extending it on the same basis,
the effect upon the health and safety of residents, the quality
of resident care, the facility's history of compliance with the
rules and standards of this Act and the facility's attempts to
comply with the particular rule or standard in question. The
Department may provide, by rule, for the automatic renewal of
waivers concerning physical plant requirements upon the

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renewal of a license. The Department shall renew waivers
relating to physical plant standards issued pursuant to this
Section at the time of the indicated reviews, unless it can
show why such waivers should not be extended for the following
reasons:
(a) the condition of the physical plant has deteriorated or
its use substantially changed so that the basis upon which the
waiver was issued is materially different; or
(b) the facility is renovated or substantially remodeled in
such a way as to permit compliance with the applicable rules
and standards without substantial increase in cost. A copy of
each waiver application and each waiver granted or renewed
shall be on file with the Department and available for public
inspection. The Director shall annually review such file and
recommend to the DD Facility Advisory Board established under
Section 2-204 of this Act any modification in rules or
standards suggested by the number and nature of waivers
requested and granted and the difficulties faced in compliance
by similarly situated facilities.
Section 3-303.2. Administrative warning.
(a) If the Department finds a situation, condition or
practice which violates this Act or any rule promulgated
thereunder which does not constitute a Type "AA", Type "A",
Type "B", or Type "C" violation, the Department shall issue an
administrative warning. Any administrative warning shall be

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served upon the facility in the same manner as the notice of
violation under Section 3-301. The facility shall be
responsible for correcting the situation, condition or
practice; however, no written plan of correction need be
submitted for an administrative warning, except for violations
of Sections 3-401 through 3-413 or the rules promulgated
thereunder. A written plan of correction is required to be
filed for an administrative warning issued for violations of
Sections 3-401 through 3-413 or the rules promulgated
thereunder.
(b) If, however, the situation, condition or practice which
resulted in the issuance of an administrative warning, with the
exception of administrative warnings issued pursuant to
Sections 3-401 through 3-413 or the rules promulgated
thereunder, is not corrected by the next on site inspection by
the Department which occurs no earlier than 90 days from the
issuance of the administrative warning, a written plan of
correction must be submitted in the same manner as provided in
subsection (b) of Section 3-303.
Section 3-304. Quarterly list of facilities against which
Department has taken action.
(a) The Department shall prepare on a quarterly basis a
list containing the names and addresses of all facilities
against which the Department during the previous quarter has:
(1) sent a notice under Section 3-307 regarding a

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penalty assessment under subsection (1) of Section 3-305;
(2) sent a notice of license revocation under Section
3-119;
(3) sent a notice refusing renewal of a license under
Section 3-119;
(4) sent a notice to suspend a license under Section
3-119;
(5) issued a conditional license for violations that
have not been corrected under Section 3-303 or penalties or
fines described under Section 3-305 have been assessed
under Section 3-307 or 3-308;
(6) placed a monitor under subsections (a), (b) and (c)
of Section 3-501 and under subsection (d) of such Section
where license revocation or nonrenewal notices have also
been issued;
(7) initiated an action to appoint a receiver;
(8) recommended to the Director of Healthcare and
Family Services, or the Secretary of the United States
Department of Health and Human Services, the
decertification for violations in relation to patient care
of a facility pursuant to Titles XVIII and XIX of the
federal Social Security Act.
(b) In addition to the name and address of the facility,
the list shall include the name and address of the person or
licensee against whom the action has been initiated, a self
explanatory summary of the facts which warranted the initiation

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of each action, the type of action initiated, the date of the
initiation of the action, the amount of the penalty sought to
be assessed, if any, and the final disposition of the action,
if completed.
(c) The list shall be available to any member of the public
upon oral or written request without charge.
Section 3-304.1. Public computer access to information.
(a) The Department must make information regarding nursing
homes in the State available to the public in electronic form
on the World Wide Web, including all of the following
information:
(1) who regulates facilities licensed under this Act;
(2) information in the possession of the Department
that is listed in Sections 3-210 and 3-304;
(3) deficiencies and plans of correction;
(4) enforcement remedies;
(5) penalty letters;
(6) designation of penalty monies;
(7) the U.S. Department of Health and Human Services'
Health Care Financing Administration special projects or
federally required inspections;
(8) advisory standards;
(9) deficiency free surveys;
(10) enforcement actions and enforcement summaries;
and

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(11) distressed facilities.
(b) No fee or other charge may be imposed by the Department
as a condition of accessing the information.
(c) The electronic public access provided through the World
Wide Web shall be in addition to any other electronic or print
distribution of the information.
(d) The information shall be made available as provided in
this Section in the shortest practicable time after it is
publicly available in any other form.
Section 3-304.2. Designation of distressed facilities.
(a) The Department shall, by rule, adopt criteria to
identify facilities that are distressed and shall publish this
list quarterly. No facility shall be identified as a distressed
facility unless it has committed violations or deficiencies
that have actually harmed residents.
(b) The Department shall notify each facility and licensee
of its distressed designation and of the calculation on which
it is based.
(c) A distressed facility may contract with an independent
consultant meeting criteria established by the Department. If
the distressed facility does not seek the assistance of an
independent consultant, then the Department shall place a
monitor or a temporary manager in the facility, depending on
the Department's assessment of the condition of the facility.
(d) A facility that has been designated a distressed

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facility may contract with an independent consultant to develop
and assist in the implementation of a plan of improvement to
bring and keep the facility in compliance with this Act and, if
applicable, with federal certification requirements. A
facility that contracts with an independent consultant shall
have 90 days to develop a plan of improvement and demonstrate a
good faith effort at implementation, and another 90 days to
achieve compliance and take whatever additional actions are
called for in the improvement plan to maintain compliance in
this subsection (d). "Independent" consultant means an
individual who has no professional or financial relationship
with the facility, any person with a reportable ownership
interest in the facility, or any related parties. In this
subsection (d), "related parties" has the meaning attributed to
it in the instructions for completing Medicaid cost reports.
(e) A distressed facility that does not contract with a
consultant shall be assigned a monitor or a temporary manager
at the Department's discretion. The cost of the temporary
manager shall be paid by the Department. The authority afforded
the temporary manager shall be determined through rulemaking.
If a distressed facility that contracts with an independent
consultant but does not, in a timely manner, develop an
adequate plan of improvement or comply with the plan of
improvement, then the Department may place a monitor in the
facility.
Nothing in this Section shall limit the authority of the

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Department to place a monitor in a distressed facility if
otherwise justified by law.
(f) The Department shall by rule establish a mentor program
for owners of distressed facilities. That a mentor program does
not exist, or that a mentor is not available to assist a
distressed facility, shall not delay or prevent the imposition
of any penalties on a distressed facility, authorized by this
Act.
Section 3-305. Penalties or fines. The license of a
facility which is in violation of this Act or any rule adopted
thereunder may be subject to the penalties or fines levied by
the Department as specified in this Section.
(1) A licensee who commits a Type "AA" violation as
defined in Section 1-128.5 is automatically issued a
conditional license for a period of 6 months to coincide
with an acceptable plan of correction and assessed a fine
of up to $25,000 per violation. For a facility licensed to
provide care to fewer than 100 residents, but no less than
17 residents, the fine shall be up to $18,500 per
violation. For a facility licensed to provide care to fewer
than 17 residents, the fine shall be up to $12,500 per
violation.
(1.5) A licensee who commits a Type "A" violation as
defined in Section 1-129 is automatically issued a
conditional license for a period of 6 months to coincide

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with an acceptable plan of correction and assessed a fine
of up to $12,500 per violation. For a facility licensed to
provide care to fewer than 100 residents, but no less than
17 residents, the fine shall be up to $10,000 per
violation. For a facility licensed to provide care to fewer
than 17 residents, the fine shall be up to $6,250 per
violation.
(2) A licensee who commits a Type "B" violation as
defined in Section 1-130 shall be assessed a fine of up to
$1,100 per violation. For a facility licensed to provide
care to fewer than 100 residents, but no less than 17
residents, the fine shall be up to $750 per violation. For
a facility licensed to provide care to fewer than 17
residents, the fine shall be up to $550 per violation.
(2.5) A licensee who commits 8 or more Type "C"
violations as defined in Section 1-132 in a single survey
shall be assessed a fine of up to $250 per violation. A
facility licensed to provide care to fewer than 100
residents, but no less than 17 residents, that commits 8 or
more Type "C" violations in a single survey, shall be
assessed a fine of up to $200 per violation. A facility
licensed to provide care to fewer than 17 residents, that
commits 8 or more Type "C" violations in a single survey,
shall be assessed a fine of up to $175 per violation.
(3) A licensee who commits a Type "AA" or Type "A"
violation as defined in Section 1-128.5 or 1-129 which

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continues beyond the time specified in paragraph (a) of
Section 3-303 which is cited as a repeat violation shall
have its license revoked and shall be assessed a fine of 3
times the fine computed under subsection (1).
(4) A licensee who fails to satisfactorily comply with
an accepted plan of correction for a Type "B" violation or
an administrative warning issued pursuant to Sections
3-401 through 3-413 or the rules promulgated thereunder
shall be automatically issued a conditional license for a
period of not less than 6 months. A second or subsequent
acceptable plan of correction shall be filed. A fine shall
be assessed in accordance with subsection (2) when cited
for the repeat violation. This fine shall be computed for
all days of the violation, including the duration of the
first plan of correction compliance time.
(5) (Blank).
(6) When the Department finds that a provision of
Article II has been violated with regard to a particular
resident, the Department shall issue an order requiring the
facility to reimburse the resident for injuries incurred,
or $100, whichever is greater. In the case of a violation
involving any action other than theft of money belonging to
a resident, reimbursement shall be ordered only if a
provision of Article II has been violated with regard to
that or any other resident of the facility within the 2
years immediately preceding the violation in question.

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(7) For purposes of assessing fines under this Section,
a repeat violation shall be a violation which has been
cited during one inspection of the facility for which an
accepted plan of correction was not complied with or a new
citation of the same rule if the licensee is not
substantially addressing the issue routinely throughout
the facility.
(8) If an occurrence results in more than one type of
violation as defined in this Act (that is, a Type "AA",
Type "A", Type "B", or Type "C" violation), then the
maximum fine that may be assessed for that occurrence is
the maximum fine that may be assessed for the most serious
type of violation charged. For purposes of the preceding
sentence, a Type "AA" violation is the most serious type of
violation that may be charged, followed by a Type "A", Type
"B", or Type "C" violation, in that order.
(9) If any facility willfully makes a misstatement of
fact to the Department or willfully fails to make a
required notification to the Department and that
misstatement or failure delays the start of a survey or
impedes a survey, then it will constitute a Type "B"
violation. The minimum and maximum fines that may be
assessed pursuant to this subsection (9) shall be 3 times
those otherwise specified for any facility.
(10) If the Department finds that a facility has
violated a provision of the Illinois Administrative Code

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that has a high-risk designation or that a facility has
violated the same provision of the Illinois Administrative
Code 3 or more times in the previous 12 months, then the
Department may assess a fine of up to 2 times the maximum
fine otherwise allowed.
Section 3-306. Factors to be considered in determining
penalty. In determining whether a penalty is to be imposed and
in determining the amount of the penalty to be imposed, if any,
for a violation, the Director shall consider the following
factors:
(1) The gravity of the violation, including the
probability that death or serious physical or mental harm
to a resident will result or has resulted; the severity of
the actual or potential harm, and the extent to which the
provisions of the applicable statutes or regulations were
violated;
(2) The reasonable diligence exercised by the licensee
and efforts to correct violations;
(3) Any previous violations committed by the licensee;
and
(4) The financial benefit to the facility of committing
or continuing the violation.
Section 3-307. Assessment of penalties; notice. The
Director may directly assess penalties provided for under

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Section 3-305 of this Act. If the Director determines that a
penalty should be assessed for a particular violation or for
failure to correct it, the Director shall send a notice to the
facility. The notice shall specify the amount of the penalty
assessed, the violation, the statute or rule alleged to have
been violated, and shall inform the licensee of the right to
hearing under Section 3-703 of this Act. If the violation is
continuing, the notice shall specify the amount of additional
assessment per day for the continuing violation.
Section 3-308. Time of assessment; plan of correction. In
the case of a Type "AA" or Type "A" violation, a penalty may be
assessed from the date on which the violation is discovered. In
the case of a Type "B" or Type "C" violation or an
administrative warning issued pursuant to Sections 3-401
through 3-413 or the rules promulgated thereunder, the facility
shall submit a plan of correction as provided in Section 3-303.
In the case of a Type "B" violation or an administrative
warning issued pursuant to Sections 3-401 through 3-413 or the
rules promulgated thereunder, a penalty shall be assessed on
the date of notice of the violation, but the Director may
reduce the amount or waive such payment for any of the
following reasons:
(a) The facility submits a true report of correction within
10 days;
(b) The facility submits a plan of correction within 10

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days and subsequently submits a true report of correction
within 15 days thereafter;
(c) The facility submits a plan of correction within 10
days which provides for a correction time that is less than or
equal to 30 days and the Department approves such plan; or
(d) The facility submits a plan of correction for
violations involving substantial capital improvements which
provides for correction within the initial 90 day limit
provided under Section 3-303. The Director shall consider the
following factors in determinations to reduce or waive such
penalties:
(1) The violation has not caused actual harm to a
resident;
(2) The facility has made a diligent effort to correct
the violation and to prevent its recurrence;
(3) The facility has no record of a pervasive pattern
of the same or similar violations; and
(4) The facility has a record of substantial compliance
with this Act and the regulations promulgated hereunder.
If a plan of correction is approved and carried out for a
Type "C" violation, the fine provided under Section 3-305 shall
be suspended for the time period specified in the approved plan
of correction. If a plan of correction is approved and carried
out for a Type "B" violation or an administrative warning
issued pursuant to Sections 3-401 through 3-413 or the rules
promulgated thereunder, with respect to a violation that

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continues after the date of notice of violation, the fine
provided under Section 3-305 shall be suspended for the time
period specified in the approved plan of correction.
If a good faith plan of correction is not received within
the time provided by Section 3-303, a penalty may be assessed
from the date of the notice of the Type "B" or "C" violation or
an administrative warning issued pursuant to Sections 3-401
through 3-413 or the rules promulgated thereunder served under
Section 3-301 until the date of the receipt of a good faith
plan of correction, or until the date the violation is
corrected, whichever is earlier. If a violation is not
corrected within the time specified by an approved plan of
correction or any lawful extension thereof, a penalty may be
assessed from the date of notice of the violation, until the
date the violation is corrected.
Section 3-309. Contesting assessment of penalty. A
facility may contest an assessment of a penalty by sending a
written request to the Department for hearing under Section
3-703. Upon receipt of the request the Department shall hold a
hearing as provided under Section 3-703. Instead of requesting
a hearing pursuant to Section 3-703, a facility may, within 10
business days after receipt of the notice of violation and fine
assessment, transmit to the Department 65% of the amount
assessed for each violation specified in the penalty
assessment.

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Section 3-310. Collection of penalties. All penalties
shall be paid to the Department within 10 days of receipt of
notice of assessment or, if the penalty is contested under
Section 3-309, within 10 days of receipt of the final decision,
unless the decision is appealed and the order is stayed by
court order under Section 3-713. A facility choosing to waive
the right to a hearing under Section 3-309 shall submit a
payment totaling 65% of the original fine amount along with the
written waiver. A penalty assessed under this Act shall be
collected by the Department and shall be deposited with the
State Treasurer into the Long Term Care Monitor/Receiver Fund.
If the person or facility against whom a penalty has been
assessed does not comply with a written demand for payment
within 30 days, the Director shall issue an order to do any of
the following:
(1) Direct the State Treasurer or Comptroller to deduct
the amount of the fine from amounts otherwise due from the
State for the penalty, including any payments to be made
from the Care Provider Fund for Persons with a
Developmental Disability established under Section 5C-7 of
the Illinois Public Aid Code, and remit that amount to the
Department;
(2) Add the amount of the penalty to the facility's
licensing fee; if the licensee refuses to make the payment
at the time of application for renewal of its license, the

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license shall not be renewed; or
(3) Bring an action in circuit court to recover the
amount of the penalty.
Section 3-311. Issuance of conditional license in addition
to penalties. In addition to the right to assess penalties
under this Act, the Director may issue a conditional license
under Section 3-305 to any facility if the Director finds that
either a Type "A" or Type "B" violation exists in such
facility. The issuance of a conditional license shall revoke
any license held by the facility.
Section 3-312. Plan of correction required before issuance
of conditional license. Prior to the issuance of a conditional
license, the Department shall review and approve a written plan
of correction. The Department shall specify the violations
which prevent full licensure and shall establish a time
schedule for correction of the deficiencies. Retention of the
license shall be conditional on the timely correction of the
deficiencies in accordance with the plan of correction.
Section 3-313. Notice of issuance of conditional license.
Written notice of the decision to issue a conditional license
shall be sent to the applicant or licensee together with the
specification of all violations of this Act and the rules
promulgated thereunder which prevent full licensure and which

HB2755 Engrossed - 132 - LRB099 08043 RPS 28187 b
form the basis for the Department's decision to issue a
conditional license and the required plan of correction. The
notice shall inform the applicant or licensee of its right to a
full hearing under Section 3-315 to contest the issuance of the
conditional license.
Section 3-315. Hearing on conditional license or plan of
correction. If the applicant or licensee desires to contest the
basis for issuance of a conditional license, or the terms of
the plan of correction, the applicant or licensee shall send a
written request for hearing to the Department within 10 days
after receipt by the applicant or licensee of the Department's
notice and decision to issue a conditional license. The
Department shall hold the hearing as provided under Section
3-703.
Section 3-316. Period of conditional license. A
conditional license shall be issued for a period specified by
the Department, but in no event for more than one year. The
Department shall periodically inspect any facility operating
under a conditional license. If the Department finds
substantial failure by the facility to timely correct the
violations which prevented full licensure and formed the basis
for the Department's decision to issue a conditional license in
accordance with the required plan of correction, the
conditional license may be revoked as provided under Section

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3-119.
Section 3-318. Business offenses.
(a) No person shall:
(1) Intentionally fail to correct or interfere with the
correction of a Type "AA", Type "A", or Type "B" violation
within the time specified on the notice or approved plan of
correction under this Act as the maximum period given for
correction, unless an extension is granted and the
corrections are made before expiration of extension;
(2) Intentionally prevent, interfere with, or attempt
to impede in any way any duly authorized investigation and
enforcement of this Act;
(3) Intentionally prevent or attempt to prevent any
examination of any relevant books or records pertinent to
investigations and enforcement of this Act;
(4) Intentionally prevent or interfere with the
preservation of evidence pertaining to any violation of
this Act or the rules promulgated under this Act;
(5) Intentionally retaliate or discriminate against
any resident or employee for contacting or providing
information to any state official, or for initiating,
participating in, or testifying in an action for any remedy
authorized under this Act;
(6) Willfully file any false, incomplete or
intentionally misleading information required to be filed

HB2755 Engrossed - 134 - LRB099 08043 RPS 28187 b
under this Act, or willfully fail or refuse to file any
required information; or
(7) Open or operate a facility without a license.
(b) A violation of this Section is a business offense,
punishable by a fine not to exceed $10,000, except as otherwise
provided in subsection (2) of Section 3-103 as to submission of
false or misleading information in a license application.
(c) The State's Attorney of the county in which the
facility is located, or the Attorney General, shall be notified
by the Director of any violations of this Section.
Section 3-320. Review under Administrative Review Law. All
final administrative decisions of the Department under this Act
are subject to judicial review under the Administrative Review
Law, as now or hereafter amended, and the rules adopted
pursuant thereto. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
PART 4. DISCHARGE AND TRANSFER
Section 3-401. Involuntary transfer or discharge of
resident. A facility may involuntarily transfer or discharge a
resident only for one or more of the following reasons:
(a) for medical reasons;
(b) for the resident's physical safety;
(c) for the physical safety of other residents, the

HB2755 Engrossed - 135 - LRB099 08043 RPS 28187 b
facility staff or facility visitors; or
(d) for either late payment or nonpayment for the
resident's stay, except as prohibited by Titles XVIII and XIX
of the federal Social Security Act. For purposes of this
Section, "late payment" means non-receipt of payment after
submission of a bill. If payment is not received within 45 days
after submission of a bill, a facility may send a notice to the
resident and responsible party requesting payment within 30
days. If payment is not received within such 30 days, the
facility may thereupon institute transfer or discharge
proceedings by sending a notice of transfer or discharge to the
resident and responsible party by registered or certified mail.
The notice shall state, in addition to the requirements of
Section 3-403 of this Act, that the responsible party has the
right to pay the amount of the bill in full up to the date the
transfer or discharge is to be made and then the resident shall
have the right to remain in the facility. Such payment shall
terminate the transfer or discharge proceedings. This
subsection does not apply to those residents whose care is
provided for under the Illinois Public Aid Code. The Department
shall adopt rules setting forth the criteria and procedures to
be applied in cases of involuntary transfer or discharge
permitted under this Section.
Section 3-401.1. Medical assistance recipients.
(a) A facility participating in the Medical Assistance

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Program is prohibited from failing or refusing to retain as a
resident any person because he or she is a recipient of or an
applicant for the Medical Assistance Program under Article V of
the Illinois Public Aid Code.
(a-5) A facility of which only a distinct part is certified
to participate in the Medical Assistance Program may refuse to
retain as a resident any person who resides in a part of the
facility that does not participate in the Medical Assistance
Program and who is unable to pay for his or her care in the
facility without Medical Assistance only if:
(1) the facility, no later than at the time of
admission and at the time of the resident's contract
renewal, explains to the resident (unless he or she is
incompetent), and to the resident's representative, and to
the person making payment on behalf of the resident for the
resident's stay, in writing, that the facility may
discharge the resident if the resident is no longer able to
pay for his or her care in the facility without Medical
Assistance; and
(2) the resident (unless he or she is incompetent), the
resident's representative, and the person making payment
on behalf of the resident for the resident's stay,
acknowledge in writing that they have received the written
explanation.
(a-10) For the purposes of this Section, a recipient or
applicant shall be considered a resident in the facility during

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any hospital stay totaling 10 days or less following a hospital
admission. The Department of Healthcare and Family Services
shall recoup funds from a facility when, as a result of the
facility's refusal to readmit a recipient after
hospitalization for 10 days or less, the recipient incurs
hospital bills in an amount greater than the amount that would
have been paid by that Department for care of the recipient in
the facility. The amount of the recoupment shall be the
difference between the Department of Healthcare and Family
Services' payment for hospital care and the amount that
Department would have paid for care in the facility.
(b) A facility which violates this Section shall be guilty
of a business offense and fined not less than $500 nor more
than $1,000 for the first offense and not less than $1,000 nor
more than $5,000 for each subsequent offense.
Section 3-402. Notice of involuntary transfer or
discharge. Involuntary transfer or discharge of a resident from
a facility shall be preceded by the discussion required under
Section 3-408 and by a minimum written notice of 21 days,
except in one of the following instances:
(a) When an emergency transfer or discharge is ordered by
the resident's attending physician because of the resident's
health care needs.
(b) When the transfer or discharge is mandated by the
physical safety of other residents, the facility staff, or

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facility visitors, as documented in the clinical record. The
Department shall be notified prior to any such involuntary
transfer or discharge. The Department shall immediately offer
transfer, or discharge and relocation assistance to residents
transferred or discharged under this subparagraph (b), and the
Department may place relocation teams as provided in Section
3-419 of this Act.
Section 3-403. Contents of notice; right to hearing. The
notice required by Section 3-402 shall be on a form prescribed
by the Department and shall contain all of the following:
(a) The stated reason for the proposed transfer or
discharge;
(b) The effective date of the proposed transfer or
discharge;
(c) A statement in not less than 12 point type, which
reads: "You have a right to appeal the facility's decision to
transfer or discharge you. If you think you should not have to
leave this facility, you may file a request for a hearing with
the Department of Public Health within 10 days after receiving
this notice. If you request a hearing, it will be held not
later than 10 days after your request, and you generally will
not be transferred or discharged during that time. If the
decision following the hearing is not in your favor, you
generally will not be transferred or discharged prior to the
expiration of 30 days following receipt of the original notice

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of the transfer or discharge. A form to appeal the facility's
decision and to request a hearing is attached. If you have any
questions, call the Department of Public Health at the
telephone number listed below.";
(d) A hearing request form, together with a postage paid,
preaddressed envelope to the Department; and
(e) The name, address, and telephone number of the person
charged with the responsibility of supervising the transfer or
discharge.
Section 3-404. Request for hearing; effect on transfer. A
request for a hearing made under Section 3-403 shall stay a
transfer pending a hearing or appeal of the decision, unless a
condition which would have allowed transfer or discharge in
less than 21 days as described under paragraphs (a) and (b) of
Section 3-402 develops in the interim.
Section 3-405. Copy of notice in resident's record; copy to
Department. A copy of the notice required by Section 3-402
shall be placed in the resident's clinical record and a copy
shall be transmitted to the Department, the resident, and the
resident's representative.
Section 3-406. Medical assistance recipient; transfer or
discharge as result of action by Department of Healthcare and
Family Services. When the basis for an involuntary transfer or

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discharge is the result of an action by the Department of
Healthcare and Family Services with respect to a recipient of
assistance under Title XIX of the Social Security Act and a
hearing request is filed with the Department of Healthcare and
Family Services, the 21-day written notice period shall not
begin until a final decision in the matter is rendered by the
Department of Healthcare and Family Services or a court of
competent jurisdiction and notice of that final decision is
received by the resident and the facility.
Section 3-407. Nonpayment as basis for transfer or
discharge. When nonpayment is the basis for involuntary
transfer or discharge, the resident shall have the right to
redeem up to the date that the discharge or transfer is to be
made and then shall have the right to remain in the facility.
Section 3-408. Discussion of planned transfer or
discharge. The planned involuntary transfer or discharge shall
be discussed with the resident, the resident's representative
and person or agency responsible for the resident's placement,
maintenance, and care in the facility. The explanation and
discussion of the reasons for involuntary transfer or discharge
shall include the facility administrator or other appropriate
facility representative as the administrator's designee. The
content of the discussion and explanation shall be summarized
in writing and shall include the names of the individuals

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involved in the discussions and made a part of the resident's
clinical record.
Section 3-409. Counseling services. The facility shall
offer the resident counseling services before the transfer or
discharge of the resident.
Section 3-410. Request for hearing on transfer or
discharge. A resident subject to involuntary transfer or
discharge from a facility, the resident's guardian or if the
resident is a minor, his or her parent shall have the
opportunity to file a request for a hearing with the Department
within 10 days following receipt of the written notice of the
involuntary transfer or discharge by the facility.
Section 3-411. Hearing; time. The Department of Public
Health, when the basis for involuntary transfer or discharge is
other than action by the Department of Healthcare and Family
Services with respect to the Title XIX Medicaid recipient,
shall hold a hearing at the resident's facility not later than
10 days after a hearing request is filed, and render a decision
within 14 days after the filing of the hearing request.
Section 3-412. Conduct of hearing. The hearing before the
Department provided under Section 3-411 shall be conducted as
prescribed under Section 3-703. In determining whether a

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transfer or discharge is authorized, the burden of proof in
this hearing rests on the person requesting the transfer or
discharge.
Section 3-413. Time for leaving facility. If the Department
determines that a transfer or discharge is authorized under
Section 3-401, the resident shall not be required to leave the
facility before the 34th day following receipt of the notice
required under Section 3-402, or the 10th day following receipt
of the Department's decision, whichever is later, unless a
condition which would have allowed transfer or discharge in
less than 21 days as described under paragraphs (a) and (b) of
Section 3-402 develops in the interim.
Section 3-414. Continuation of medical assistance funding.
The Department of Healthcare and Family Services shall continue
Title XIX Medicaid funding during the appeal, transfer, or
discharge period for those residents who are recipients of
assistance under Title XIX of the Social Security Act affected
by Section 3-401.
Section 3-415. Transfer or discharge by Department;
grounds. The Department may transfer or discharge any resident
from any facility required to be licensed under this Act when
any of the following conditions exist:
(a) Such facility is operating without a license;

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(b) The Department has suspended, revoked or refused to
renew the license of the facility as provided under Section
3-119;
(c) The facility has requested the aid of the Department in
the transfer or discharge of the resident and the Department
finds that the resident consents to transfer or discharge;
(d) The facility is closing or intends to close and
adequate arrangement for relocation of the resident has not
been made at least 30 days prior to closure; or
(e) The Department determines that an emergency exists
which requires immediate transfer or discharge of the resident.
Section 3-416. Transfer or discharge by Department;
likelihood of serious harm. In deciding to transfer or
discharge a resident from a facility under Section 3-415, the
Department shall consider the likelihood of serious harm which
may result if the resident remains in the facility.
Section 3-417. Relocation assistance. The Department shall
offer transfer or discharge and relocation assistance to
residents transferred or discharged under Sections 3-401
through 3-415, including information on available alternative
placements. Residents shall be involved in planning the
transfer or discharge and shall choose among the available
alternative placements, except that where an emergency makes
prior resident involvement impossible the Department may make a

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temporary placement until a final placement can be arranged.
Residents may choose their final alternative placement and
shall be given assistance in transferring to such place. No
resident may be forced to remain in a temporary or permanent
placement. Where the Department makes or participates in making
the relocation decision, consideration shall be given to
proximity to the resident's relatives and friends. The resident
shall be allowed 3 visits to potential alternative placements
prior to removal, except where medically contraindicated or
where the need for immediate transfer or discharge requires
reduction in the number of visits.
Section 3-418. Transfer or discharge plans. The Department
shall prepare resident transfer or discharge plans to assure
safe and orderly removals and protect residents' health,
safety, welfare and rights. In nonemergencies, and where
possible in emergencies, the Department shall design and
implement such plans in advance of transfer or discharge.
Section 3-419. Relocation teams. The Department may place
relocation teams in any facility from which residents are being
discharged or transferred for any reason, for the purpose of
implementing transfer or discharge plans.
Section 3-420. Transfer or discharge by Department;
notice. In any transfer or discharge conducted under Sections

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3-415 through 3-418 the Department shall do the following:
(a) Provide written notice to the facility prior to the
transfer or discharge. The notice shall state the basis for the
order of transfer or discharge and shall inform the facility of
its right to an informal conference prior to transfer or
discharge under this Section, and its right to a subsequent
hearing under Section 3-422. If a facility desires to contest a
nonemergency transfer or discharge, prior to transfer or
discharge it shall, within 4 working days after receipt of the
notice, send a written request for an informal conference to
the Department. The Department shall, within 4 working days
from the receipt of the request, hold an informal conference in
the county in which the facility is located. Following this
conference, the Department may affirm, modify or overrule its
previous decision. Except in an emergency, transfer or
discharge may not begin until the period for requesting a
conference has passed or, if a conference is requested, until
after a conference has been held.
(b) Provide written notice to any resident to be removed,
to the resident's representative, if any, and to a member of
the resident's family, where practicable, prior to the removal.
The notice shall state the reason for which transfer or
discharge is ordered and shall inform the resident of the
resident's right to challenge the transfer or discharge under
Section 3-422. The Department shall hold an informal conference
with the resident or the resident's representative prior to

HB2755 Engrossed - 146 - LRB099 08043 RPS 28187 b
transfer or discharge at which the resident or the
representative may present any objections to the proposed
transfer or discharge plan or alternative placement.
Section 3-421. Notice of emergency. In any transfer or
discharge conducted under subsection (e) of Section 3-415, the
Department shall notify the facility and any resident to be
removed that an emergency has been found to exist and removal
has been ordered, and shall involve the residents in removal
planning if possible. Following emergency removal, the
Department shall provide written notice to the facility, to the
resident, to the resident's representative, if any, and to a
member of the resident's family, where practicable, of the
basis for the finding that an emergency existed and of the
right to challenge removal under Section 3-422.
Section 3-422. Hearing to challenge transfer or discharge.
Within 10 days following transfer or discharge, the facility or
any resident transferred or discharged may send a written
request to the Department for a hearing under Section 3-703 to
challenge the transfer or discharge. The Department shall hold
the hearing within 30 days of receipt of the request. The
hearing shall be held at the facility from which the resident
is being transferred or discharged, unless the resident or
resident's representative, requests an alternative hearing
site. If the facility prevails, it may file a claim against the

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State under the Court of Claims Act for payments lost less
expenses saved as a result of the transfer or discharge. No
resident transferred or discharged may be held liable for the
charge for care which would have been made had the resident
remained in the facility. If a resident prevails, the resident
may file a claim against the State under the Court of Claims
Act for any excess expenses directly caused by the order to
transfer or discharge. The Department shall assist the resident
in returning to the facility if assistance is requested.
Section 3-423. Closure of facility; notice. Any owner of a
facility licensed under this Act shall give 90 days' notice
prior to voluntarily closing a facility or closing any part of
a facility, or prior to closing any part of a facility if
closing such part will require the transfer or discharge of
more than 10% of the residents. Such notice shall be given to
the Department, to any resident who must be transferred or
discharged, to the resident's representative, and to a member
of the resident's family, where practicable. Notice shall state
the proposed date of closing and the reason for closing. The
facility shall offer to assist the resident in securing an
alternative placement and shall advise the resident on
available alternatives. Where the resident is unable to choose
an alternate placement and is not under guardianship, the
Department shall be notified of the need for relocation
assistance. The facility shall comply with all applicable laws

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and regulations until the date of closing, including those
related to transfer or discharge of residents. The Department
may place a relocation team in the facility as provided under
Section 3-419.
PART 5. MONITORS AND RECEIVERSHIP
Section 3-501. Monitor or receiver for facility; grounds.
The Department may place an employee or agent to serve as a
monitor in a facility or may petition the circuit court for
appointment of a receiver for a facility, or both, when any of
the following conditions exist:
(a) The facility is operating without a license;
(b) The Department has suspended, revoked or refused to
renew the existing license of the facility;
(c) The facility is closing or has informed the Department
that it intends to close and adequate arrangements for
relocation of residents have not been made at least 30 days
prior to closure;
(d) The Department determines that an emergency exists,
whether or not it has initiated revocation or nonrenewal
procedures, if because of the unwillingness or inability of the
licensee to remedy the emergency the Department believes a
monitor or receiver is necessary;
(e) The Department is notified that the facility is
terminated or will not be renewed for participation in the

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federal reimbursement program under either Title XVIII or Title
XIX of the Social Security Act. As used in subsection (d) and
Section 3-503, "emergency" means a threat to the health, safety
or welfare of a resident that the facility is unwilling or
unable to correct;
(f) The facility has been designated a distressed facility
by the Department and does not have a consultant employed
pursuant to subsection (f) of Section 3-304.2 of this Act and
an acceptable plan of improvement, or the Department has reason
to believe the facility is not complying with the plan of
improvement. Nothing in this paragraph (f) shall preclude the
Department from placing a monitor in a facility if otherwise
justified by law; or
(g) At the discretion of the Department when a review of
facility compliance history, incident reports, or reports of
financial problems raises a concern that a threat to resident
health, safety, or welfare exists.
Section 3-502. Placement of monitor by Department. In any
situation described in Section 3-501, the Department may place
a qualified person to act as monitor in the facility. The
monitor shall observe operation of the facility, assist the
facility by advising it on how to comply with the State
regulations, and shall report periodically to the Department on
the operation of the facility. Once a monitor has been placed,
the Department may retain the monitor until it is satisfied

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that the basis for the placement is resolved and the threat to
the health, safety, or welfare of a resident is not likely to
recur.
Section 3-503. Emergency; petition for receiver. Where a
resident, a resident's representative or a resident's next of
kin believes that an emergency exists each of them,
collectively or separately, may file a verified petition to the
circuit court in the county in which the facility is located
for an order placing the facility under the control of a
receiver.
Section 3-504. Hearing on petition for receiver; grounds
for appointment of receiver. The court shall hold a hearing
within 5 days of the filing of the petition. The petition and
notice of the hearing shall be served on the owner,
administrator or designated agent of the facility as provided
under the Civil Practice Law, or the petition and notice of
hearing shall be posted in a conspicuous place in the facility
not later than 3 days before the time specified for the
hearing, unless a different period is fixed by order of the
court. The court shall appoint a receiver if it finds that:
(a) The facility is operating without a license;
(b) The Department has suspended, revoked or refused to
renew the existing license of a facility;
(c) The facility is closing or has informed the Department

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that it intends to close and adequate arrangements for
relocation of residents have not been made at least 30 days
prior to closure; or
(d) An emergency exists, whether or not the Department has
initiated revocation or nonrenewal procedures, if because of
the unwillingness or inability of the licensee to remedy the
emergency the appointment of a receiver is necessary.
Section 3-505. Emergency; time for hearing. If a petition
filed under Section 3-503 alleges that the conditions set out
in subsection 3-504(d) exist within a facility, the court may
set the matter for hearing at the earliest possible time. The
petitioner shall notify the licensee, administrator of the
facility, or registered agent of the licensee prior to the
hearing. Any form of written notice may be used. A receivership
shall not be established ex parte unless the court determines
that the conditions set out in subsection 3-504(d) exist in a
facility; that the licensee cannot be found; and that the
petitioner has exhausted all reasonable means of locating and
notifying the licensee, administrator or registered agent.
Section 3-506. Appointment of receiver. The court may
appoint any qualified person as a receiver, except it shall not
appoint any owner or affiliate of the facility which is in
receivership as its receiver. The Department shall maintain a
list of such persons to operate facilities which the court may

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consider. The court shall give preference to licensed nursing
home administrators in appointing a receiver.
Section 3-507. Health, safety, and welfare of residents.
The receiver shall make provisions for the continued health,
safety and welfare of all residents of the facility.
Section 3-508. Receiver's powers and duties. A receiver
appointed under this Act:
(a) Shall exercise those powers and shall perform those
duties set out by the court.
(b) Shall operate the facility in such a manner as to
assure safety and adequate health care for the residents.
(c) Shall have the same rights to possession of the
building in which the facility is located and of all goods and
fixtures in the building at the time the petition for
receivership is filed as the owner would have had if the
receiver had not been appointed, and of all assets of the
facility. The receiver shall take such action as is reasonably
necessary to protect or conserve the assets or property of
which the receiver takes possession, or the proceeds from any
transfer thereof, and may use them only in the performance of
the powers and duties set forth in this Section and by order of
the court.
(d) May use the building, fixtures, furnishings and any
accompanying consumable goods in the provision of care and

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services to residents and to any other persons receiving
services from the facility at the time the petition for
receivership was filed. The receiver shall collect payments for
all goods and services provided to residents or others during
the period of the receivership at the same rate of payment
charged by the owners at the time the petition for receivership
was filed.
(e) May correct or eliminate any deficiency in the
structure or furnishings of the facility which endangers the
safety or health of residents while they remain in the
facility, provided the total cost of correction does not exceed
$3,000. The court may order expenditures for this purpose in
excess of $3,000 on application from the receiver after notice
to the owner and hearing.
(f) May let contracts and hire agents and employees to
carry out the powers and duties of the receiver under this
Section.
(g) Except as specified in Section 3-510, shall honor all
leases, mortgages and secured transactions governing the
building in which the facility is located and all goods and
fixtures in the building of which the receiver has taken
possession, but only to the extent of payments which, in the
case of a rental agreement, are for the use of the property
during the period of the receivership, or which, in the case of
a purchase agreement, come due during the period of the
receivership.

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(h) Shall have full power to direct and manage and to
discharge employees of the facility, subject to any contract
rights they may have. The receiver shall pay employees at the
same rate of compensation, including benefits, that the
employees would have received from the owner. Receivership does
not relieve the owner of any obligation to employees not
carried out by the receiver.
(i) Shall, if any resident is transferred or discharged,
follow the procedures set forth in Part 4 of this Article.
(j) Shall be entitled to and shall take possession of all
property or assets of residents which are in the possession of
a facility or its owner. The receiver shall preserve all
property, assets and records of residents of which the receiver
takes possession and shall provide for the prompt transfer of
the property, assets and records to the new placement of any
transferred resident.
(k) Shall report to the court on any actions he has taken
to bring the facility into compliance with this Act or with
Title XVIII or XIX of the Social Security Act that he believes
should be continued when the receivership is terminated in
order to protect the health, safety or welfare of the
residents.
Section 3-509. Payment for goods or services provided by
receiver.
(a) A person who is served with notice of an order of the

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court appointing a receiver and of the receiver's name and
address shall be liable to pay the receiver for any goods or
services provided by the receiver after the date of the order
if the person would have been liable for the goods or services
as supplied by the owner. The receiver shall give a receipt for
each payment and shall keep a copy of each receipt on file. The
receiver shall deposit amounts received in a separate account
and shall use this account for all disbursements.
(b) The receiver may bring an action to enforce the
liability created by subsection (a) of this Section.
(c) A payment to the receiver of any sum owing to the
facility or its owner shall discharge any obligation to the
facility to the extent of the payment.
Section 3-510. Receiver's avoidance of obligations;
reasonable rental, price, or rate of interest to be paid by
receiver.
(a) A receiver may petition the court that he or she not be
required to honor any lease, mortgage, secured transaction or
other wholly or partially executory contract entered into by
the owner of the facility if the rent, price or rate of
interest required to be paid under the agreement was
substantially in excess of a reasonable rent, price or rate of
interest at the time the contract was entered into, or if any
material provision of the agreement was unreasonable.
(b) If the receiver is in possession of real estate or

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goods subject to a lease, mortgage or security interest which
the receiver has obtained a court order to avoid under
subsection (a) of this Section, and if the real estate or goods
are necessary for the continued operation of the facility under
this Section, the receiver may apply to the court to set a
reasonable rental, price or rate of interest to be paid by the
receiver during the duration of the receivership. The court
shall hold a hearing on the application within 15 days. The
receiver shall send notice of the application to any known
persons who own the property involved at least 10 days prior to
the hearing. Payment by the receiver of the amount determined
by the court to be reasonable is a defense to any action
against the receiver for payment or for possession of the goods
or real estate subject to the lease, security interest or
mortgage involved by any person who received such notice, but
the payment does not relieve the owner of the facility of any
liability for the difference between the amount paid by the
receiver and the amount due under the original lease, security
interest or mortgage involved.
Section 3-511. Insufficient funds collected; reimbursement
of receiver by Department. If funds collected under Sections
3-508 and 3-509 are insufficient to meet the expenses of
performing the powers and duties conferred on the receiver, or
if there are insufficient funds on hand to meet those expenses,
the Department may reimburse the receiver for those expenses

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from funds appropriated for its ordinary and contingent
expenses by the General Assembly after funds contained in the
Long Term Care Monitor/Receiver Fund have been exhausted.
Section 3-512. Receiver's compensation. The court shall
set the compensation of the receiver, which will be considered
a necessary expense of a receivership under Section 3-516.
Section 3-513. Action against receiver.
(a) In any action or special proceeding brought against a
receiver in the receiver's official capacity for acts committed
while carrying out powers and duties under this Article, the
receiver shall be considered a public employee under the Local
Governmental and Governmental Employees Tort Immunity Act, as
now or hereafter amended.
(b) A receiver may be held liable in a personal capacity
only for the receiver's own gross negligence, intentional acts
or breach of fiduciary duty.
(c) The court may require a receiver to post a bond.
Section 3-514. License to facility in receivership. Other
provisions of this Act notwithstanding, the Department may
issue a license to a facility placed in receivership. The
duration of a license issued under this Section is limited to
the duration of the receivership.

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Section 3-515. Termination of receivership. The court may
terminate a receivership:
(a) If the time period specified in the order appointing
the receiver elapses and is not extended;
(b) If the court determines that the receivership is no
longer necessary because the conditions which gave rise to the
receivership no longer exist; or the Department grants the
facility a new license, whether the structure of the facility,
the right to operate the facility, or the land on which it is
located is under the same or different ownership; or
(c) If all of the residents in the facility have been
transferred or discharged. Before terminating a receivership,
the court may order the Department to require any licensee to
comply with the recommendations of the receiver made under
subsection (k) of Section 3-508. A licensee may petition the
court to be relieved of this requirement.
Section 3-516. Accounting by receiver; Department's lien.
(a) Within 30 days after termination, the receiver shall
give the court a complete accounting of all property of which
the receiver has taken possession, of all funds collected, and
of the expenses of the receivership.
(b) If the operating funds collected by the receiver under
Sections 3-508 and 3-509 exceed the reasonable expenses of the
receivership, the court shall order payment of the surplus to
the owner, after reimbursement of funds drawn from the

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contingency fund under Section 3-511. If the operating funds
are insufficient to cover the reasonable expenses of the
receivership, the owner shall be liable for the deficiency.
Payment recovered from the owner shall be used to reimburse the
contingency fund for amounts drawn by the receiver under
Section 3-511.
(c) The Department shall have a lien for any payment made
under Section 3-511 upon any beneficial interest, direct or
indirect, of any owner in the following property:
(1) The building in which the facility is located;
(2) Any fixtures, equipment or goods used in the
operation of the facility;
(3) The land on which the facility is located; or
(4) The proceeds from any conveyance of property
described in subparagraphs (1), (2) or (3) above, made by
the owner within one year prior to the filing of the
petition for receivership.
(d) The lien provided by this Section is prior to any lien
or other interest which originates subsequent to the filing of
a petition for receivership under this Article, except for a
construction or mechanic's lien arising out of work performed
with the express consent of the receiver.
(e) The receiver shall, within 60 days after termination of
the receivership, file a notice of any lien created under this
Section. If the lien is on real property, the notice shall be
filed with the recorder. If the lien is on personal property,

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the lien shall be filed with the Secretary of State. The notice
shall specify the name of the person against whom the lien is
claimed, the name of the receiver, the dates of the petition
for receivership and the termination of receivership, a
description of the property involved and the amount claimed. No
lien shall exist under this Article against any person, on any
property, or for any amount not specified in the notice filed
under this subsection (e).
Section 3-517. Civil and criminal liability during
receivership. Nothing in this Act shall be deemed to relieve
any owner, administrator or employee of a facility placed in
receivership of any civil or criminal liability incurred, or
any duty imposed by law, by reason of acts or omissions of the
owner, administrator, or employee prior to the appointment of a
receiver; nor shall anything contained in this Act be construed
to suspend during the receivership any obligation of the owner,
administrator, or employee for payment of taxes or other
operating and maintenance expenses of the facility nor of the
owner, administrator, employee or any other person for the
payment of mortgages or liens. The owner shall retain the right
to sell or mortgage any facility under receivership, subject to
approval of the court which ordered the receivership.
PART 6. DUTIES

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Section 3-601. Liability for injury to resident. The owner
and licensee are liable to a resident for any intentional or
negligent act or omission of their agents or employees which
injures the resident.
Section 3-602. Damages for violation of resident's rights.
The licensee shall pay the actual damages and costs and
attorney's fees to a facility resident whose rights, as
specified in Part 1 of Article II of this Act, are violated.
Section 3-603. Action by resident. A resident may maintain
an action under this Act for any other type of relief,
including injunctive and declaratory relief, permitted by law.
Section 3-604. Class action; remedies cumulative. Any
damages recoverable under Sections 3-601 through 3-607,
including minimum damages as provided by these Sections, may be
recovered in any action which a court may authorize to be
brought as a class action pursuant to the Civil Practice Law.
The remedies provided in Sections 3-601 through 3-607, are in
addition to and cumulative with any other legal remedies
available to a resident. Exhaustion of any available
administrative remedies shall not be required prior to
commencement of suit hereunder.
Section 3-605. Amount of damages; no effect on medical

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assistance eligibility. The amount of damages recovered by a
resident in an action brought under Sections 3-601 through
3-607 shall be exempt for purposes of determining initial or
continuing eligibility for medical assistance under the
Illinois Public Aid Code, as now or hereafter amended, and
shall neither be taken into consideration nor required to be
applied toward the payment or partial payment of the cost of
medical care or services available under the Illinois Public
Aid Code.
Section 3-606. Waiver of resident's right to bring action
prohibited. Any waiver by a resident or his or her legal
representative of the right to commence an action under
Sections 3-601 through 3-607, whether oral or in writing, shall
be null and void, and without legal force or effect.
Section 3-607. Trial by jury. Any party to an action
brought under Sections 3-601 through 3-607 shall be entitled to
a trial by jury and any waiver of the right to a trial by a
jury, whether oral or in writing, prior to the commencement of
an action, shall be null and void, and without legal force or
effect.
Section 3-608. Retaliation against resident prohibited. A
licensee or its agents or employees shall not transfer,
discharge, evict, harass, dismiss, or retaliate against a

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resident, a resident's representative, or an employee or agent
who makes a report under Section 2-107, brings or testifies in
an action under Sections 3-601 through 3-607, or files a
complaint under Section 3-702, because of the report,
testimony, or complaint.
Section 3-609. Immunity from liability for making report.
Any person, institution or agency, under this Act,
participating in good faith in the making of a report, or in
the investigation of such a report shall not be deemed to have
violated any privileged communication and shall have immunity
from any liability, civil, criminal or any other proceedings,
civil or criminal as a consequence of making such report. The
good faith of any persons required to report, or permitted to
report, cases of suspected resident abuse or neglect under this
Act, shall be presumed.
Section 3-610. Duty to report violations.
(a) A facility employee or agent who becomes aware of abuse
or neglect of a resident prohibited by Section 2-107 shall
immediately report the matter to the Department and to the
facility administrator. A facility administrator who becomes
aware of abuse or neglect of a resident prohibited by Section
2-107 shall immediately report the matter by telephone and in
writing to the resident's representative, and to the
Department. Any person may report a violation of Section 2-107

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to the Department.
(b) A facility employee or agent who becomes aware of
another facility employee or agent's theft or misappropriation
of a resident's property must immediately report the matter to
the facility administrator. A facility administrator who
becomes aware of a facility employee or agent's theft or
misappropriation of a resident's property must immediately
report the matter by telephone and in writing to the resident's
representative, to the Department, and to the local law
enforcement agency. Neither a licensee nor its employees or
agents may dismiss or otherwise retaliate against a facility
employee or agent who reports the theft or misappropriation of
a resident's property under this subsection.
Section 3-611. Employee as perpetrator of abuse. When an
investigation of a report of suspected abuse of a recipient
indicates, based upon credible evidence, that an employee of a
facility is the perpetrator of the abuse, that employee shall
immediately be barred from any further contact with residents
of the facility, pending the outcome of any further
investigation, prosecution or disciplinary action against the
employee.
Section 3-612. Resident as perpetrator of abuse. When an
investigation of a report of suspected abuse of a resident
indicates, based upon credible evidence, that another resident

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of the facility is the perpetrator of the abuse, that
resident's condition shall be immediately evaluated to
determine the most suitable therapy and placement for the
resident, considering the safety of that resident as well as
the safety of other residents and employees of the facility.
PART 7. COMPLAINT, HEARING, AND APPEAL
Section 3-701. Public nuisance; action for injunction. The
operation or maintenance of a facility in violation of this
Act, or of the rules and regulations promulgated by the
Department, is declared a public nuisance inimical to the
public welfare. The Director in the name of the people of the
State, through the Attorney General, or the State's Attorney of
the county in which the facility is located, or in respect to
any city, village or incorporated town which provides for the
licensing and regulation of any or all such facilities, the
Director or the mayor or president of the Board of Trustees, as
the case may require, of the city, village or incorporated
town, in the name of the people of the State, through the
Attorney General or State's attorney of the county in which the
facility is located, may, in addition to other remedies herein
provided, bring action for an injunction to restrain such
violation or to enjoin the future operation or maintenance of
any such facility.

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Section 3-702. Request for investigation of violation.
(a) A person who believes that this Act or a rule
promulgated under this Act may have been violated may request
an investigation. The request may be submitted to the
Department in writing, by telephone, by electronic means, or by
personal visit. An oral complaint shall be reduced to writing
by the Department. The Department shall make available, through
its website and upon request, information regarding the oral
and phone intake processes and the list of questions that will
be asked of the complainant. The Department shall request
information identifying the complainant, including the name,
address and telephone number, to help enable appropriate follow
up. The Department shall act on such complaints via on-site
visits or other methods deemed appropriate to handle the
complaints with or without such identifying information, as
otherwise provided under this Section. The complainant shall be
informed that compliance with such request is not required to
satisfy the procedures for filing a complaint under this Act.
The Department must notify complainants that complaints with
less information provided are far more difficult to respond to
and investigate.
(b) The substance of the complaint shall be provided in
writing to the licensee, owner or administrator no earlier than
at the commencement of an on-site inspection of the facility
which takes place pursuant to the complaint.
(c) The Department shall not disclose the name of the

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complainant unless the complainant consents in writing to the
disclosure or the investigation results in a judicial
proceeding, or unless disclosure is essential to the
investigation. The complainant shall be given the opportunity
to withdraw the complaint before disclosure. Upon the request
of the complainant, the Department may permit the complainant
or a representative of the complainant to accompany the person
making the on-site inspection of the facility.
(d) Upon receipt of a complaint, the Department shall
determine whether this Act or a rule promulgated under this Act
has been or is being violated. The Department shall investigate
all complaints alleging abuse or neglect within 7 days after
the receipt of the complaint except that complaints of abuse or
neglect which indicate that a resident's life or safety is in
imminent danger shall be investigated within 24 hours after
receipt of the complaint. All other complaints shall be
investigated within 30 days after the receipt of the complaint.
The Department employees investigating a complaint shall
conduct a brief, informal exit conference with the facility to
alert its administration of any suspected serious deficiency
that poses a direct threat to the health, safety or welfare of
a resident to enable an immediate correction for the
alleviation or elimination of such threat. Such information and
findings discussed in the brief exit conference shall become a
part of the investigating record but shall not in any way
constitute an official or final notice of violation as provided

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under Section 3-301. All complaints shall be classified as "an
invalid report", "a valid report", or "an undetermined report".
For any complaint classified as "a valid report", the
Department must determine within 30 working days if any rule or
provision of this Act has been or is being violated.
(d-1) The Department shall, whenever possible, combine an
on site investigation of a complaint in a facility with other
inspections in order to avoid duplication of inspections.
(e) In all cases, the Department shall inform the
complainant of its findings within 10 days of its determination
unless otherwise indicated by the complainant, and the
complainant may direct the Department to send a copy of such
findings to another person. The Department's findings may
include comments or documentation provided by either the
complainant or the licensee pertaining to the complaint. The
Department shall also notify the facility of such findings
within 10 days of the determination, but the name of the
complainant or residents shall not be disclosed in this notice
to the facility. The notice of such findings shall include a
copy of the written determination; the correction order, if
any; the warning notice, if any; the inspection report; or the
State licensure form on which the violation is listed.
(f) A written determination, correction order, or warning
notice concerning a complaint, together with the facility's
response, shall be available for public inspection, but the
name of the complainant or resident shall not be disclosed

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without his or her consent.
(g) A complainant who is dissatisfied with the
determination or investigation by the Department may request a
hearing under Section 3-703. The facility shall be given notice
of any such hearing and may participate in the hearing as a
party. If a facility requests a hearing under Section 3-703
which concerns a matter covered by a complaint, the complainant
shall be given notice and may participate in the hearing as a
party. A request for a hearing by either a complainant or a
facility shall be submitted in writing to the Department within
30 days after the mailing of the Department's findings as
described in subsection (e) of this Section. Upon receipt of
the request the Department shall conduct a hearing as provided
under Section 3-703.
(g-5) The Department shall conduct an annual review and
make a report concerning the complaint process that includes
the number of complaints received, the breakdown of anonymous
and non-anonymous complaints and whether the complaints were
substantiated or not, the total number of substantiated
complaints, and any other complaint information requested by
the DD Facility Advisory Board. This report shall be provided
to the DD Facility Advisory Board. The DD Facility Advisory
Board shall review the report and suggest any changes deemed
necessary to the Department for review and action, including
how to investigate and substantiate anonymous complaints.
(h) Any person who knowingly transmits a false report to

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the Department commits the offense of disorderly conduct under
subsection (a)(8) of Section 26-1 of the Criminal Code of 2012.
Section 3-703. Hearing to contest decision; applicable
provisions. Any person requesting a hearing pursuant to
Sections 2-110, 3-115, 3-118, 3-119, 3-119.1, 3-301, 3-303,
3-309, 3-410, 3-422 or 3-702 to contest a decision rendered in
a particular case may have such decision reviewed in accordance
with Sections 3-703 through 3-712.
Section 3-704. Hearing; notice; commencement. A request
for a hearing by aggrieved persons shall be taken to the
Department as follows:
(a) Upon the receipt of a request in writing for a hearing,
the Director or a person designated in writing by the Director
to act as a hearing officer shall conduct a hearing to review
the decision.
(b) Before the hearing is held, notice of the hearing shall
be sent by the Department to the person making the request for
the hearing and to the person making the decision which is
being reviewed. In the notice the Department shall specify the
date, time and place of the hearing which shall be held not
less than 10 days after the notice is mailed or delivered. The
notice shall designate the decision being reviewed. The notice
may be served by delivering it personally to the parties or
their representatives or by mailing it by certified mail to the

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parties' addresses.
(c) The Department shall commence the hearing within 30
days of the receipt of request for hearing. The hearing shall
proceed as expeditiously as practicable, but in all cases shall
conclude within 90 days of commencement.
Section 3-705. Subpoenas. The Director or hearing officer
may compel by subpoena or subpoena duces tecum the attendance
and testimony of witnesses and the production of books and
papers, and administer oaths to witnesses.
Section 3-706. Appearance at hearing; depositions; record.
The Director or hearing officer shall permit any party to
appear in person and to be represented by counsel at the
hearing, at which time the applicant or licensee shall be
afforded an opportunity to present all relevant matter in
support of his position. In the event of the inability of any
party or the Department to procure the attendance of witnesses
to give testimony or produce books and papers, any party or the
Department may take the deposition of witnesses in accordance
with the provisions of the laws of this State. All testimony
taken at a hearing shall be reduced to writing, and all such
testimony and other evidence introduced at the hearing shall be
a part of the record of the hearing.
Section 3-707. Findings of fact; decision. The Director or

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hearing officer shall make findings of fact in such hearing,
and the Director shall render his or her decision within 30
days after the termination of the hearing, unless additional
time not to exceed 90 days is required by him or her for a
proper disposition of the matter. When the hearing has been
conducted by a hearing officer, the Director shall review the
record and findings of fact before rendering a decision. All
decisions rendered by the Director shall be binding upon and
complied with by the Department, the facility or the persons
involved in the hearing, as appropriate to each case.
Section 3-708. Rules of evidence and procedure. The
Director or hearing officer shall not be bound by common law or
statutory rules of evidence, or by technical or formal rules of
procedure, but shall conduct hearings in the manner best
calculated to result in substantial justice.
Section 3-709. Service of subpoenas; witness fees. All
subpoenas issued by the Director or hearing officer may be
served as provided for in civil actions. The fees of witnesses
for attendance and travel shall be the same as the fees for
witnesses before the circuit court and shall be paid by the
party to such proceeding at whose request the subpoena is
issued. If such subpoena is issued at the request of the
Department or by a person proceeding in forma pauperis the
witness fee shall be paid by the Department as an

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administrative expense.
Section 3-710. Compelling obedience to subpoena. In cases
of refusal of a witness to attend or testify or to produce
books or papers, concerning any matter upon which he might be
lawfully examined, the circuit court of the county wherein the
hearing is held, upon application of any party to the
proceeding, may compel obedience by a proceeding for contempt
as in cases of a like refusal to obey a similar order of the
court.
Section 3-711. Record of hearing; transcript. The
Department, at its expense, shall provide a stenographer to
take the testimony, or otherwise record the testimony, and
preserve a record of all proceedings under this Section. The
notice of hearing, the complaint and all other documents in the
nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, and the findings and
decision shall be the record of the proceedings. The Department
shall furnish a transcript of such record to any person
interested in such hearing upon payment therefor of 70 cents
per page for each original transcript and 25 cents per page for
each certified copy thereof. However, the charge for any part
of such transcript ordered and paid for previous to the writing
of the original record shall be 25 cents per page.

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Section 3-712. Certification of record; fee. The
Department shall not be required to certify any record or file
any answer or otherwise appear in any proceeding for judicial
review under Section 3-713 of this Act unless there is filed
with the complaint a receipt from the Department acknowledging
payment of the costs of furnishing and certifying the record,
which cost shall be computed at the rate of 95 cents per page
of such record. Failure on the part of the plaintiff to file
such receipt in Court shall be grounds for dismissal of the
action; provided, however, that persons proceeding in forma
pauperis with the approval of the circuit court shall not be
required to pay these fees.
Section 3-713. Judicial review; stay of enforcement of
Department's decision.
(a) Final administrative decisions after hearing shall be
subject to judicial review exclusively as provided in the
Administrative Review Law, as now or hereafter amended, except
that any petition for judicial review of Department action
under this Act shall be filed within 15 days after receipt of
notice of the final agency determination. The term
"administrative decision" has the meaning ascribed to it in
Section 3-101 of the Code of Civil Procedure.
(b) The court may stay enforcement of the Department's
final decision or toll the continuing accrual of a penalty
under Section 3-305 if a showing is made that there is a

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substantial probability that the party seeking review will
prevail on the merits and will suffer irreparable harm if a
stay is not granted, and that the facility will meet the
requirements of this Act and the rules promulgated under this
Act during such stay. Where a stay is granted the court may
impose such conditions on the granting of the stay as may be
necessary to safeguard the lives, health, rights, safety and
welfare of residents, and to assure compliance by the facility
with the requirements of this Act, including an order for
transfer or discharge of residents under Sections 3-401 through
3-423 or for appointment of a receiver under Sections 3-501
through 3-517.
(c) Actions brought under this Act shall be set for trial
at the earliest possible date and shall take precedence on the
court calendar over all other cases except matters to which
equal or superior precedence is specifically granted by law.
Section 3-714. Remedies cumulative. The remedies provided
by this Act are cumulative and shall not be construed as
restricting any party from seeking any remedy, provisional or
otherwise, provided by law for the benefit of the party, from
obtaining additional relief based upon the same facts.
PART 8. MISCELLANEOUS PROVISIONS
Section 3-801. Rules and regulations. The Department shall

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have the power to adopt rules and regulations to carry out the
purpose of this Act.
Section 3-801.1. Access to records of resident with
developmental disabilities. Notwithstanding the other
provisions of this Act to the contrary, the agency designated
by the Governor under Section 1 of "An Act in relation to the
protection and advocacy of the rights of persons with
developmental disabilities, and amending Acts therein named",
enacted by the 84th General Assembly, shall have access to the
records of a person with developmental disabilities who resides
in a facility, subject to the limitations of this Act. The
agency shall also have access for the purpose of inspection and
copying, to the records of a person with developmental
disabilities who resides in any such facility if (1) a
complaint is received by such agency from or on behalf of the
person with a developmental disability, and (2) such person
does not have a guardian or the State or the designee of the
State is the guardian of such person. The designated agency
shall provide written notice to the person with developmental
disabilities and the State guardian of the nature of the
complaint based upon which the designated agency has gained
access to the records. No record or the contents of any record
shall be redisclosed by the designated agency unless the person
with developmental disabilities and the State guardian are
provided 7 days' advance written notice, except in emergency

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situations, of the designated agency's intent to redisclose
such record, during which time the person with developmental
disabilities or the State guardian may seek to judicially
enjoin the designated agency's redisclosure of such record on
the grounds that such redisclosure is contrary to the interests
of the person with developmental disabilities. If a person with
developmental disabilities resides in such a facility and has a
guardian other than the State or the designee of the State, the
facility director shall disclose the guardian's name, address,
and telephone number to the designated agency at the agency's
request.
Upon request, the designated agency shall be entitled to
inspect and copy any records or other materials which may
further the agency's investigation of problems affecting
numbers of persons with developmental disabilities. When
required by law any personally identifiable information of
persons with a developmental disability shall be removed from
the records. However, the designated agency may not inspect or
copy any records or other materials when the removal of
personally identifiable information imposes an unreasonable
burden on the facility. For the purposes of this Section,
"developmental disability" means a severe, chronic disability
of a person which:
(A) is attributable to a mental or physical impairment
or combination of mental and physical impairments;
(B) is manifested before the person attains age 22;

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(C) is likely to continue indefinitely;
(D) results in substantial functional limitations in 3
or more of the following areas of major life activity: (i)
self care, (ii) receptive and expressive language, (iii)
learning, (iv) mobility, (v) self direction, (vi) capacity
for independent living, and (vii) economic self
sufficiency; and
(E) reflects the person's need for combination and
sequence of special, interdisciplinary or generic care,
treatment or other services which are of lifelong or
extended duration and are individually planned and
coordinated.
Section 3-801.05. Rules adopted under prior law. The
Department shall adopt rules to implement the changes
concerning licensure of facilities under this Act instead of
under the ID/DD Community Care Act. Until the Department adopts
those rules, the rules adopted under the ID/DD Community Care
Act that apply to long-term care for under age 22 facilities
subject to licensure under the ID/DD Community Care Act shall
apply to medically complex for the developmentally disabled
facilities under this Act.
Section 3-802. Illinois Administrative Procedure Act. The
provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative

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rules and procedures of the Department under this Act.
Section 3-803. Treatment by prayer or spiritual means.
Nothing in this Act or the rules and regulations adopted
pursuant thereto shall be construed as authorizing the medical
supervision, regulation, or control of the remedial care or
treatment of residents in any facility conducted for those who
rely upon treatment by prayer or spiritual means in accordance
with the creed or tenets of any well recognized church or
religious denomination.
Section 3-804. Report to General Assembly. The Department
shall report to the General Assembly by April 1 of each year
upon the performance of its inspection, survey and evaluation
duties under this Act, including the number and needs of the
Department personnel engaged in such activities. The report
shall also describe the Department's actions in enforcement of
this Act, including the number and needs of personnel so
engaged. The report shall also include the number of valid and
invalid complaints filed with the Department within the last
calendar year.
Section 3-808. Protocol for sexual assault victims; MC/DD
facility. The Department shall develop a protocol for the care
and treatment of residents who have been sexually assaulted in
a MC/DD facility or elsewhere.

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Section 3-808.5. Facility fraud, abuse, or neglect
prevention and reporting.
(a) A facility licensed to provide care to 17 or more
residents that receives Medicaid funding shall prominently
display in its lobby, in its dining areas, and on each floor of
the facility information approved by the Illinois Medicaid
Fraud Control Unit on how to report fraud, abuse, and neglect.
A facility licensed to provide care to fewer than 17 residents
that receives Medicaid funding shall prominently display in the
facility so as to be easily seen by all residents, visitors,
and employees information approved by the Illinois Medicaid
Fraud Control Unit on how to report fraud, abuse, and neglect.
In addition, information regarding the reporting of fraud,
abuse, and neglect shall be provided to each resident at the
time of admission and to the resident's guardian or resident's
representative.
(b) Any owner or licensee of a facility licensed under this
Act shall be responsible for the collection and maintenance of
any and all records required to be maintained under this
Section and any other applicable provisions of this Act and as
a provider under the Illinois Public Aid Code, and shall be
responsible for compliance with all of the disclosure
requirements under this Section. All books and records and
other papers and documents that are required to be kept, and
all records showing compliance with all of the disclosure

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requirements to be made pursuant to this Section, shall be kept
by the licensee and available at the facility and shall, at all
times during business hours, be subject to inspection by any
law enforcement or health oversight agency or its duly
authorized agents or employees.
(c) Any report of abuse and neglect of residents made by
any individual in whatever manner, including, but not limited
to, reports made under Sections 2-107 and 3-610 of this Act, or
as provided under the Abused and Neglected Long Term Care
Facility Residents Reporting Act, that is made to an
administrator, a director of nursing, or any other person with
management responsibility at a facility must be disclosed to
the owners and licensee of the facility within 24 hours of the
report. The owners and licensee of a facility shall maintain
all records necessary to show compliance with this disclosure
requirement.
(d) Any person with an ownership interest in a facility
licensed by the Department must, within 30 days after the
effective date of this Act, disclose the existence of any
ownership interest in any vendor who does business with the
facility. The disclosures required by this subsection (d) shall
be made in the form and manner prescribed by the Department.
Licensed facilities that receive Medicaid funding shall submit
a copy of the disclosures required by this subsection (d) to
the Illinois Medicaid Fraud Control Unit. The owners and
licensee of a facility shall maintain all records necessary to

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show compliance with this disclosure requirement.
(e) Notwithstanding the provisions of Section 3-318 of this
Act and in addition thereto, any person, owner, or licensee who
willfully fails to keep and maintain, or willfully fails to
produce for inspection, books and records, or willfully fails
to make the disclosures required by this Section, is guilty of
a Class A misdemeanor. A second or subsequent violation of this
Section shall be punishable as a Class 4 felony.
(f) Any owner or licensee who willfully files or willfully
causes to be filed a document with false information with the
Department, the Department of Healthcare and Family Services,
or the Illinois Medicaid Fraud Control Unit or any other law
enforcement agency is guilty of a Class A misdemeanor.
Section 3-810. Whistleblower protection.
(a) In this Section, "retaliatory action" means the
reprimand, discharge, suspension, demotion, denial of
promotion or transfer, or change in the terms and conditions of
employment of any employee of a facility that is taken in
retaliation for the employee's involvement in a protected
activity as set forth in paragraphs (1), (2), and (3) of
subsection (b) of this Section.
(b) A facility shall not take any retaliatory action
against an employee of the facility, including a nursing home
administrator, because the employee does any of the following:
(1) Discloses or threatens to disclose to a supervisor

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or to a public body an activity, inaction, policy, or
practice implemented by a facility that the employee
reasonably believes is in violation of a law, rule, or
regulation.
(2) Provides information to or testifies before any
public body conducting an investigation, hearing, or
inquiry into any violation of a law, rule, or regulation by
a nursing home administrator.
(3) Assists or participates in a proceeding to enforce
the provisions of this Act.
(c) A violation of this Section may be established only
upon a finding that (1) the employee of the facility engaged in
conduct described in subsection (b) of this Section and (2)
this conduct was a contributing factor in the retaliatory
action alleged by the employee. There is no violation of this
Section, however, if the facility demonstrates by clear and
convincing evidence that it would have taken the same
unfavorable personnel action in the absence of that conduct.
(d) The employee of the facility may be awarded all
remedies necessary to make the employee whole and to prevent
future violations of this Section. Remedies imposed by the
court may include, but are not limited to, all of the
following:
(1) Reinstatement of the employee to either the same
position held before the retaliatory action or to an
equivalent position.

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(2) Two times the amount of back pay.
(3) Interest on the back pay.
(4) Reinstatement of full fringe benefits and
seniority rights.
(5) Payment of reasonable costs and attorney's fees.
(e) Nothing in this Section shall be deemed to diminish the
rights, privileges, or remedies of an employee of a facility
under any other federal or State law, rule, or regulation or
under any employment contract.
Section 5. The Election Code is amended by changing
Sections 3-3, 4-6.3, 4-10, 5-9, 5-16.3, 6-50.3, 6-56, 19-4,
19-12.1, and 19-12.2 as follows:
(10 ILCS 5/3-3) (from Ch. 46, par. 3-3)
Sec. 3-3. Every honorably discharged soldier or sailor who
is an inmate of any soldiers' and sailors' home within the
State of Illinois, any person who is a resident of a facility
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, or the MC/DD Act, or any person
who is a resident of a community-integrated living arrangement,
as defined in Section 3 of the Community-Integrated Living
Arrangements Licensure and Certification Act, for 30 days or
longer, and who is a citizen of the United States and has
resided in this State and in the election district 30 days next

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preceding any election shall be entitled to vote in the
election district in which any such home or
community-integrated living arrangement in which he is an
inmate or resident is located, for all officers that now are or
hereafter may be elected by the people, and upon all questions
that may be submitted to the vote of the people: Provided, that
he shall declare upon oath, that it was his bona fide intention
at the time he entered said home or community-integrated living
arrangement to become a resident thereof.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(10 ILCS 5/4-6.3) (from Ch. 46, par. 4-6.3)
(Text of Section before amendment by P.A. 98-1171)
Sec. 4-6.3. The county clerk may establish a temporary
place of registration for such times and at such locations
within the county as the county clerk may select. However, no
temporary place of registration may be in operation during the
27 days preceding an election. Notice of the time and place of
registration under this Section shall be published by the
county clerk in a newspaper having a general circulation in the
county not less than 3 nor more than 15 days before the holding
of such registration.
Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of

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private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
shopping centers, business districts, public buildings and
county fairs.
Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
All temporary places of registration shall be manned by
deputy county clerks or deputy registrars appointed pursuant to
Section 4-6.2.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(Text of Section after amendment by P.A. 98-1171)
Sec. 4-6.3. The county clerk may establish a temporary
place of registration for such times and at such locations
within the county as the county clerk may select. Notice of the
time and place of registration under this Section shall be
published by the county clerk in a newspaper having a general
circulation in the county not less than 3 nor more than 15 days
before the holding of such registration.
Temporary places of registration shall be established so

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that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, or the MC/DD Act, Soldiers' and
Sailors' Homes, shopping centers, business districts, public
buildings and county fairs.
Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
All temporary places of registration shall be manned by
deputy county clerks or deputy registrars appointed pursuant to
Section 4-6.2.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15.)
(10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
(Text of Section before amendment by P.A. 98-1171)
Sec. 4-10. Except as herein provided, no person shall be
registered, unless he applies in person to a registration
officer, answers such relevant questions as may be asked of him
by the registration officer, and executes the affidavit of
registration. The registration officer shall require the

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applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
One of the registration officers or a deputy registration
officer, county clerk, or clerk in the office of the county
clerk, shall administer to all persons who shall personally
apply to register the following oath or affirmation:
"You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your name, place of residence, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
The registration officer shall satisfy himself that each

HB2755 Engrossed - 189 - LRB099 08043 RPS 28187 b
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the ID/DD Community Care
Act, the following question shall be put, "When you entered the
home which is your present address, was it your bona fide
intention to become a resident thereof?" Any voter of a
township, city, village or incorporated town in which such
applicant resides, shall be permitted to be present at the
place of any precinct registration and shall have the right to
challenge any applicant who applies to be registered.
In case the officer is not satisfied that the applicant is
qualified he shall forthwith notify such applicant in writing
to appear before the county clerk to complete his registration.
Upon the card of such applicant shall be written the word
"incomplete" and no such applicant shall be permitted to vote
unless such registration is satisfactorily completed as
hereinafter provided. No registration shall be taken and marked
as incomplete if information to complete it can be furnished on
the date of the original application.
Any person claiming to be an elector in any election
precinct and whose registration card is marked "Incomplete" may
make and sign an application in writing, under oath, to the
county clerk in substance in the following form:

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"I do solemnly swear that I, ...., did on (insert date)
make application to the board of registry of the .... precinct
of the township of .... (or to the county clerk of .... county)
and that said board or clerk refused to complete my
registration as a qualified voter in said precinct. That I
reside in said precinct, that I intend to reside in said
precinct, and am a duly qualified voter of said precinct and am
entitled to be registered to vote in said precinct at the next
election.
(Signature of applicant) ............................."
All such applications shall be presented to the county
clerk or to his duly authorized representative by the
applicant, in person between the hours of 9:00 a.m. and 5:00
p.m. on any day after the days on which the 1969 and 1970
precinct re-registrations are held but not on any day within 27
days preceding the ensuing general election and thereafter for
the registration provided in Section 4-7 all such applications
shall be presented to the county clerk or his duly authorized
representative by the applicant in person between the hours of
9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
the ensuing general election. Such application shall be heard
by the county clerk or his duly authorized representative at
the time the application is presented. If the applicant for
registration has registered with the county clerk, such
application may be presented to and heard by the county clerk

HB2755 Engrossed - 191 - LRB099 08043 RPS 28187 b
or by his duly authorized representative upon the dates
specified above or at any time prior thereto designated by the
county clerk.
Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article, or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such

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other information as may be necessary, including post office
mailing address.
Electronic mail address, if the registrant has provided
this information.
Term of residence in the State of Illinois and the
precinct.
Nativity. The State or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of ...........)
)ss
County of ..........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days; that I am fully qualified to vote, that I am
not registered to vote anywhere else in the United States, that
I intend to remain a resident of the State of Illinois and of
the election precinct, that I intend to return to the State of
Illinois, and that the above statements are true.
..............................

HB2755 Engrossed - 193 - LRB099 08043 RPS 28187 b
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 4-8 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
98-756, eff. 7-16-14.)
(Text of Section after amendment by P.A. 98-1171)
Sec. 4-10. Except as herein provided, no person shall be
registered, unless he applies in person to a registration
officer, answers such relevant questions as may be asked of him
by the registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification

HB2755 Engrossed - 194 - LRB099 08043 RPS 28187 b
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
One of the registration officers or a deputy registration
officer, county clerk, or clerk in the office of the county
clerk, shall administer to all persons who shall personally
apply to register the following oath or affirmation:
"You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your name, place of residence, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
The registration officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and

HB2755 Engrossed - 195 - LRB099 08043 RPS 28187 b
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the ID/DD Community Care
Act, or the MC/DD Act, the following question shall be put,
"When you entered the home which is your present address, was
it your bona fide intention to become a resident thereof?" Any
voter of a township, city, village or incorporated town in
which such applicant resides, shall be permitted to be present
at the place of any precinct registration and shall have the
right to challenge any applicant who applies to be registered.
In case the officer is not satisfied that the applicant is
qualified he shall forthwith notify such applicant in writing
to appear before the county clerk to complete his registration.
Upon the card of such applicant shall be written the word
"incomplete" and no such applicant shall be permitted to vote
unless such registration is satisfactorily completed as
hereinafter provided. No registration shall be taken and marked
as incomplete if information to complete it can be furnished on
the date of the original application.
Any person claiming to be an elector in any election
precinct and whose registration card is marked "Incomplete" may
make and sign an application in writing, under oath, to the
county clerk in substance in the following form:
"I do solemnly swear that I, ...., did on (insert date)
make application to the board of registry of the .... precinct
of the township of .... (or to the county clerk of .... county)

HB2755 Engrossed - 196 - LRB099 08043 RPS 28187 b
and that said board or clerk refused to complete my
registration as a qualified voter in said precinct. That I
reside in said precinct, that I intend to reside in said
precinct, and am a duly qualified voter of said precinct and am
entitled to be registered to vote in said precinct at the next
election.
(Signature of applicant) ............................."
All such applications shall be presented to the county
clerk or to his duly authorized representative by the
applicant, in person between the hours of 9:00 a.m. and 5:00
p.m. on any day after the days on which the 1969 and 1970
precinct re-registrations are held but not on any day within 27
days preceding the ensuing general election and thereafter for
the registration provided in Section 4-7 all such applications
shall be presented to the county clerk or his duly authorized
representative by the applicant in person between the hours of
9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
the ensuing general election. Such application shall be heard
by the county clerk or his duly authorized representative at
the time the application is presented. If the applicant for
registration has registered with the county clerk, such
application may be presented to and heard by the county clerk
or by his duly authorized representative upon the dates
specified above or at any time prior thereto designated by the
county clerk.

HB2755 Engrossed - 197 - LRB099 08043 RPS 28187 b
Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article, or by simultaneous
application for registration by mail and vote by mail ballot as
provided in Article 20 of this Code.
Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
Electronic mail address, if the registrant has provided

HB2755 Engrossed - 198 - LRB099 08043 RPS 28187 b
this information.
Term of residence in the State of Illinois and the
precinct.
Nativity. The State or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of ...........)
)ss
County of ..........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days; that I am fully qualified to vote, that I am
not registered to vote anywhere else in the United States, that
I intend to remain a resident of the State of Illinois and of
the election precinct, that I intend to return to the State of
Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).

HB2755 Engrossed - 199 - LRB099 08043 RPS 28187 b
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 4-8 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
98-756, eff. 7-16-14; 98-1171, eff. 6-1-15.)
(10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
(Text of Section before amendment by P.A. 98-1171)
Sec. 5-9. Except as herein provided, no person shall be
registered unless he applies in person to registration officer,
answers such relevant questions as may be asked of him by the
registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid

HB2755 Engrossed - 200 - LRB099 08043 RPS 28187 b
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
One of the Deputy Registrars, the Judge of Registration, or
an Officer of Registration, County Clerk, or clerk in the
office of the County Clerk, shall administer to all persons who
shall personally apply to register the following oath or
affirmation:
"You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your place of residence, name, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
The Registration Officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified

HB2755 Engrossed - 201 - LRB099 08043 RPS 28187 b
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the ID/DD Community Care
Act, the following question shall be put, "When you entered the
home which is your present address, was it your bona fide
intention to become a resident thereof?" Any voter of a
township, city, village or incorporated town in which such
applicant resides, shall be permitted to be present at the
place of precinct registration, and shall have the right to
challenge any applicant who applies to be registered.
In case the officer is not satisfied that the applicant is
qualified, he shall forthwith in writing notify such applicant
to appear before the County Clerk to furnish further proof of
his qualifications. Upon the card of such applicant shall be
written the word "Incomplete" and no such applicant shall be
permitted to vote unless such registration is satisfactorily
completed as hereinafter provided. No registration shall be
taken and marked as "incomplete" if information to complete it
can be furnished on the date of the original application.
Any person claiming to be an elector in any election
precinct in such township, city, village or incorporated town
and whose registration is marked "Incomplete" may make and sign
an application in writing, under oath, to the County Clerk in
substance in the following form:
"I do solemnly swear that I, .........., did on (insert
date) make application to the Board of Registry of the ........
precinct of ........ ward of the City of .... or of the

HB2755 Engrossed - 202 - LRB099 08043 RPS 28187 b
......... District ......... Town of .......... (or to the
County Clerk of .............) and ............ County; that
said Board or Clerk refused to complete my registration as a
qualified voter in said precinct, that I reside in said
precinct (or that I intend to reside in said precinct), am a
duly qualified voter and entitled to vote in said precinct at
the next election.
...........................
(Signature of Applicant)"
All such applications shall be presented to the County
Clerk by the applicant, in person between the hours of nine
o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
the third week subsequent to the weeks in which the 1961 and
1962 precinct re-registrations are to be held, and thereafter
for the registration provided in Section 5-17 of this Article,
all such applications shall be presented to the County Clerk by
the applicant in person between the hours of nine o'clock a.m.
and nine o'clock p.m. on Monday and Tuesday of the third week
prior to the date on which such election is to be held.
Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article or by simultaneous
application for absentee registration and absentee ballot as

HB2755 Engrossed - 203 - LRB099 08043 RPS 28187 b
provided in Article 20 of this Code.
Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
Electronic mail address, if the registrant has provided
this information.
Term of residence in the State of Illinois and the
precinct.
Nativity. The State or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of

HB2755 Engrossed - 204 - LRB099 08043 RPS 28187 b
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of .........)
)ss
County of ........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois for 6 months and in the
election precinct 30 days; that I am fully qualified to vote,
that I am not registered to vote anywhere else in the United
States, that I intend to remain a resident of the State of
Illinois and of the election precinct, that I intend to return
to the State of Illinois, and that the above statements are
true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for

HB2755 Engrossed - 205 - LRB099 08043 RPS 28187 b
in Section 5-7 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
98-756, eff. 7-16-14.)
(Text of Section after amendment by P.A. 98-1171)
Sec. 5-9. Except as herein provided, no person shall be
registered unless he applies in person to registration officer,
answers such relevant questions as may be asked of him by the
registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail

HB2755 Engrossed - 206 - LRB099 08043 RPS 28187 b
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
One of the Deputy Registrars, the Judge of Registration, or
an Officer of Registration, County Clerk, or clerk in the
office of the County Clerk, shall administer to all persons who
shall personally apply to register the following oath or
affirmation:
"You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your place of residence, name, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
The Registration Officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the ID/DD Community Care
Act, or the MC/DD Act, the following question shall be put,
"When you entered the home which is your present address, was
it your bona fide intention to become a resident thereof?" Any
voter of a township, city, village or incorporated town in

HB2755 Engrossed - 207 - LRB099 08043 RPS 28187 b
which such applicant resides, shall be permitted to be present
at the place of precinct registration, and shall have the right
to challenge any applicant who applies to be registered.
In case the officer is not satisfied that the applicant is
qualified, he shall forthwith in writing notify such applicant
to appear before the County Clerk to furnish further proof of
his qualifications. Upon the card of such applicant shall be
written the word "Incomplete" and no such applicant shall be
permitted to vote unless such registration is satisfactorily
completed as hereinafter provided. No registration shall be
taken and marked as "incomplete" if information to complete it
can be furnished on the date of the original application.
Any person claiming to be an elector in any election
precinct in such township, city, village or incorporated town
and whose registration is marked "Incomplete" may make and sign
an application in writing, under oath, to the County Clerk in
substance in the following form:
"I do solemnly swear that I, .........., did on (insert
date) make application to the Board of Registry of the ........
precinct of ........ ward of the City of .... or of the
......... District ......... Town of .......... (or to the
County Clerk of .............) and ............ County; that
said Board or Clerk refused to complete my registration as a
qualified voter in said precinct, that I reside in said
precinct (or that I intend to reside in said precinct), am a
duly qualified voter and entitled to vote in said precinct at

HB2755 Engrossed - 208 - LRB099 08043 RPS 28187 b
the next election.
...........................
(Signature of Applicant)"
All such applications shall be presented to the County
Clerk by the applicant, in person between the hours of nine
o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
the third week subsequent to the weeks in which the 1961 and
1962 precinct re-registrations are to be held, and thereafter
for the registration provided in Section 5-17 of this Article,
all such applications shall be presented to the County Clerk by
the applicant in person between the hours of nine o'clock a.m.
and nine o'clock p.m. on Monday and Tuesday of the third week
prior to the date on which such election is to be held.
Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article or by simultaneous
application for registration by mail and vote by mail ballot as
provided in Article 20 of this Code.
Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:

HB2755 Engrossed - 209 - LRB099 08043 RPS 28187 b
Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
Electronic mail address, if the registrant has provided
this information.
Term of residence in the State of Illinois and the
precinct.
Nativity. The State or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of .........)
)ss

HB2755 Engrossed - 210 - LRB099 08043 RPS 28187 b
County of ........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois for 6 months and in the
election precinct 30 days; that I am fully qualified to vote,
that I am not registered to vote anywhere else in the United
States, that I intend to remain a resident of the State of
Illinois and of the election precinct, that I intend to return
to the State of Illinois, and that the above statements are
true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 5-7 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,

HB2755 Engrossed - 211 - LRB099 08043 RPS 28187 b
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
98-756, eff. 7-16-14; 98-1171, eff. 6-1-15.)
(10 ILCS 5/5-16.3) (from Ch. 46, par. 5-16.3)
(Text of Section before amendment by P.A. 98-1171)
Sec. 5-16.3. The county clerk may establish temporary
places of registration for such times and at such locations
within the county as the county clerk may select. However, no
temporary place of registration may be in operation during the
27 days preceding an election. Notice of time and place of
registration at any such temporary place of registration under
this Section shall be published by the county clerk in a
newspaper having a general circulation in the county not less
than 3 nor more than 15 days before the holding of such
registration.
Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
shopping centers, business districts, public buildings and
county fairs.

HB2755 Engrossed - 212 - LRB099 08043 RPS 28187 b
Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
All temporary places of registration shall be manned by
deputy county clerks or deputy registrars appointed pursuant to
Section 5-16.2.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(Text of Section after amendment by P.A. 98-1171)
Sec. 5-16.3. The county clerk may establish temporary
places of registration for such times and at such locations
within the county as the county clerk may select. Notice of
time and place of registration at any such temporary place of
registration under this Section shall be published by the
county clerk in a newspaper having a general circulation in the
county not less than 3 nor more than 15 days before the holding
of such registration.
Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or

HB2755 Engrossed - 213 - LRB099 08043 RPS 28187 b
the ID/DD Community Care Act, or the MC/DD Act, Soldiers' and
Sailors' Homes, shopping centers, business districts, public
buildings and county fairs.
Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
All temporary places of registration shall be manned by
deputy county clerks or deputy registrars appointed pursuant to
Section 5-16.2.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15.)
(10 ILCS 5/6-50.3) (from Ch. 46, par. 6-50.3)
(Text of Section before amendment by P.A. 98-1171)
Sec. 6-50.3. The board of election commissioners may
establish temporary places of registration for such times and
at such locations as the board may select. However, no
temporary place of registration may be in operation during the
27 days preceding an election. Notice of the time and place of
registration at any such temporary place of registration under
this Section shall be published by the board of election
commissioners in a newspaper having a general circulation in
the city, village or incorporated town not less than 3 nor more
than 15 days before the holding of such registration.
Temporary places of registration shall be established so
that the areas of concentration of population or use by the

HB2755 Engrossed - 214 - LRB099 08043 RPS 28187 b
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
shopping centers, business districts, public buildings and
county fairs.
Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
All temporary places of registration shall be manned by
employees of the board of election commissioners or deputy
registrars appointed pursuant to Section 6-50.2.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(Text of Section after amendment by P.A. 98-1171)
Sec. 6-50.3. The board of election commissioners may
establish temporary places of registration for such times and
at such locations as the board may select. Notice of the time
and place of registration at any such temporary place of
registration under this Section shall be published by the board
of election commissioners in a newspaper having a general
circulation in the city, village or incorporated town not less

HB2755 Engrossed - 215 - LRB099 08043 RPS 28187 b
than 3 nor more than 15 days before the holding of such
registration.
Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, or the MC/DD Act, Soldiers' and
Sailors' Homes, shopping centers, business districts, public
buildings and county fairs.
Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
All temporary places of registration shall be manned by
employees of the board of election commissioners or deputy
registrars appointed pursuant to Section 6-50.2.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15.)
(10 ILCS 5/6-56) (from Ch. 46, par. 6-56)
Sec. 6-56. Not more than 30 nor less than 28 days before
any election under this Article, all owners, managers,
administrators or operators of hotels, lodging houses, rooming

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houses, furnished apartments or facilities licensed or
certified under the Nursing Home Care Act, which house 4 or
more persons, outside the members of the family of such owner,
manager, administrator or operator, shall file with the board
of election commissioners a report, under oath, together with
one copy thereof, in such form as may be required by the board
of election commissioners, of the names and descriptions of all
lodgers, guests or residents claiming a voting residence at the
hotels, lodging houses, rooming houses, furnished apartments,
or facility licensed or certified under the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of 2013,
or the ID/DD Community Care Act, or the MC/DD Act under their
control. In counties having a population of 500,000 or more
such report shall be made on forms mailed to them by the board
of election commissioners. The board of election commissioners
shall sort and assemble the sworn copies of the reports in
numerical order according to ward and according to precincts
within each ward and shall, not later than 5 days after the
last day allowed by this Article for the filing of the reports,
maintain one assembled set of sworn duplicate reports available
for public inspection until 60 days after election days. Except
as is otherwise expressly provided in this Article, the board
shall not be required to perform any duties with respect to the
sworn reports other than to mail, sort, assemble, post and file
them as hereinabove provided.
Except in such cases where a precinct canvass is being

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conducted by the Board of Election Commissioners prior to a
Primary or Election, the board of election commissioners shall
compare the original copy of each such report with the list of
registered voters from such addresses. Every person registered
from such address and not listed in such report or whose name
is different from any name so listed, shall immediately after
the last day of registration be sent a notice through the
United States mail, at the address appearing upon his
registration record card, requiring him to appear before the
board of election commissioners on one of the days specified in
Section 6-45 of this Article and show cause why his
registration should not be cancelled. The provisions of
Sections 6-45, 6-46 and 6-47 of this Article shall apply to
such hearing and proceedings subsequent thereto.
Any owner, manager or operator of any such hotel, lodging
house, rooming house or furnished apartment who shall fail or
neglect to file such statement and copy thereof as in this
Article provided, may, upon written information of the attorney
for the election commissioners, be cited by the election
commissioners or upon the complaint of any voter of such city,
village or incorporated town, to appear before them and furnish
such sworn statement and copy thereof and make such oral
statements under oath regarding such hotel, lodging house,
rooming house or furnished apartment, as the election
commissioners may require. The election commissioners shall
sit to hear such citations on the Friday of the fourth week

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preceding the week in which such election is to be held. Such
citation shall be served not later than the day preceding the
day on which it is returnable.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
(Text of Section before amendment by P.A. 98-1171)
Sec. 19-4. Mailing or delivery of ballots; time.
Immediately upon the receipt of such application either by mail
or electronic means, not more than 40 days nor less than 5 days
prior to such election, or by personal delivery not more than
40 days nor less than one day prior to such election, at the
office of such election authority, it shall be the duty of such
election authority to examine the records to ascertain whether
or not such applicant is lawfully entitled to vote as
requested, including a verification of the applicant's
signature by comparison with the signature on the official
registration record card, and if found so to be entitled to
vote, to post within one business day thereafter the name,
street address, ward and precinct number or township and
district number, as the case may be, of such applicant given on
a list, the pages of which are to be numbered consecutively to
be kept by such election authority for such purpose in a
conspicuous, open and public place accessible to the public at
the entrance of the office of such election authority, and in

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such a manner that such list may be viewed without necessity of
requesting permission therefor. Within one day after posting
the name and other information of an applicant for an absentee
ballot, the election authority shall transmit by electronic
means pursuant to a process established by the State Board of
Elections that name and other posted information to the State
Board of Elections, which shall maintain those names and other
information in an electronic format on its website, arranged by
county and accessible to State and local political committees.
Within 2 business days after posting a name and other
information on the list within its office, the election
authority shall mail, postage prepaid, or deliver in person in
such office an official ballot or ballots if more than one are
to be voted at said election. Mail delivery of Temporarily
Absent Student ballot applications pursuant to Section 19-12.3
shall be by nonforwardable mail. However, for the consolidated
election, absentee ballots for certain precincts may be
delivered to applicants not less than 25 days before the
election if so much time is required to have prepared and
printed the ballots containing the names of persons nominated
for offices at the consolidated primary. The election authority
shall enclose with each absentee ballot or application written
instructions on how voting assistance shall be provided
pursuant to Section 17-14 and a document, written and approved
by the State Board of Elections, enumerating the circumstances
under which a person is authorized to vote by absentee ballot

HB2755 Engrossed - 220 - LRB099 08043 RPS 28187 b
pursuant to this Article; such document shall also include a
statement informing the applicant that if he or she falsifies
or is solicited by another to falsify his or her eligibility to
cast an absentee ballot, such applicant or other is subject to
penalties pursuant to Section 29-10 and Section 29-20 of the
Election Code. Each election authority shall maintain a list of
the name, street address, ward and precinct, or township and
district number, as the case may be, of all applicants who have
returned absentee ballots to such authority, and the name of
such absent voter shall be added to such list within one
business day from receipt of such ballot. If the absentee
ballot envelope indicates that the voter was assisted in
casting the ballot, the name of the person so assisting shall
be included on the list. The list, the pages of which are to be
numbered consecutively, shall be kept by each election
authority in a conspicuous, open, and public place accessible
to the public at the entrance of the office of the election
authority and in a manner that the list may be viewed without
necessity of requesting permission for viewing.
Each election authority shall maintain a list for each
election of the voters to whom it has issued absentee ballots.
The list shall be maintained for each precinct within the
jurisdiction of the election authority. Prior to the opening of
the polls on election day, the election authority shall deliver
to the judges of election in each precinct the list of
registered voters in that precinct to whom absentee ballots

HB2755 Engrossed - 221 - LRB099 08043 RPS 28187 b
have been issued by mail.
Each election authority shall maintain a list for each
election of voters to whom it has issued temporarily absent
student ballots. The list shall be maintained for each election
jurisdiction within which such voters temporarily abide.
Immediately after the close of the period during which
application may be made by mail or electronic means for
absentee ballots, each election authority shall mail to each
other election authority within the State a certified list of
all such voters temporarily abiding within the jurisdiction of
the other election authority.
In the event that the return address of an application for
ballot by a physically incapacitated elector is that of a
facility licensed or certified under the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, within the jurisdiction of the
election authority, and the applicant is a registered voter in
the precinct in which such facility is located, the ballots
shall be prepared and transmitted to a responsible judge of
election no later than 9 a.m. on the Saturday, Sunday or Monday
immediately preceding the election as designated by the
election authority under Section 19-12.2. Such judge shall
deliver in person on the designated day the ballot to the
applicant on the premises of the facility from which
application was made. The election authority shall by mail
notify the applicant in such facility that the ballot will be

HB2755 Engrossed - 222 - LRB099 08043 RPS 28187 b
delivered by a judge of election on the designated day.
All applications for absentee ballots shall be available at
the office of the election authority for public inspection upon
request from the time of receipt thereof by the election
authority until 30 days after the election, except during the
time such applications are kept in the office of the election
authority pursuant to Section 19-7, and except during the time
such applications are in the possession of the judges of
election.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
98-756, eff. 7-16-14.)
(Text of Section after amendment by P.A. 98-1171)
Sec. 19-4. Mailing or delivery of ballots; time.
Immediately upon the receipt of such application either by mail
or electronic means, not more than 90 days nor less than 5 days
prior to such election, or by personal delivery not more than
90 days nor less than one day prior to such election, at the
office of such election authority, it shall be the duty of such
election authority to examine the records to ascertain whether
or not such applicant is lawfully entitled to vote as
requested, including a verification of the applicant's
signature by comparison with the signature on the official
registration record card, and if found so to be entitled to
vote, to post within one business day thereafter the name,

HB2755 Engrossed - 223 - LRB099 08043 RPS 28187 b
street address, ward and precinct number or township and
district number, as the case may be, of such applicant given on
a list, the pages of which are to be numbered consecutively to
be kept by such election authority for such purpose in a
conspicuous, open and public place accessible to the public at
the entrance of the office of such election authority, and in
such a manner that such list may be viewed without necessity of
requesting permission therefor. Within one day after posting
the name and other information of an applicant for a vote by
mail ballot, the election authority shall transmit by
electronic means pursuant to a process established by the State
Board of Elections that name and other posted information to
the State Board of Elections, which shall maintain those names
and other information in an electronic format on its website,
arranged by county and accessible to State and local political
committees. Within 2 business days after posting a name and
other information on the list within its office, but no sooner
than 40 days before an election, the election authority shall
mail, postage prepaid, or deliver in person in such office an
official ballot or ballots if more than one are to be voted at
said election. Mail delivery of Temporarily Absent Student
ballot applications pursuant to Section 19-12.3 shall be by
nonforwardable mail. However, for the consolidated election,
vote by mail ballots for certain precincts may be delivered to
applicants not less than 25 days before the election if so much
time is required to have prepared and printed the ballots

HB2755 Engrossed - 224 - LRB099 08043 RPS 28187 b
containing the names of persons nominated for offices at the
consolidated primary. The election authority shall enclose
with each vote by mail ballot or application written
instructions on how voting assistance shall be provided
pursuant to Section 17-14 and a document, written and approved
by the State Board of Elections, informing the vote by mail
voter of the required postage for returning the application and
ballot, and enumerating the circumstances under which a person
is authorized to vote by vote by mail ballot pursuant to this
Article; such document shall also include a statement informing
the applicant that if he or she falsifies or is solicited by
another to falsify his or her eligibility to cast a vote by
mail ballot, such applicant or other is subject to penalties
pursuant to Section 29-10 and Section 29-20 of the Election
Code. Each election authority shall maintain a list of the
name, street address, ward and precinct, or township and
district number, as the case may be, of all applicants who have
returned vote by mail ballots to such authority, and the name
of such vote by mail voter shall be added to such list within
one business day from receipt of such ballot. If the vote by
mail ballot envelope indicates that the voter was assisted in
casting the ballot, the name of the person so assisting shall
be included on the list. The list, the pages of which are to be
numbered consecutively, shall be kept by each election
authority in a conspicuous, open, and public place accessible
to the public at the entrance of the office of the election

HB2755 Engrossed - 225 - LRB099 08043 RPS 28187 b
authority and in a manner that the list may be viewed without
necessity of requesting permission for viewing.
Each election authority shall maintain a list for each
election of the voters to whom it has issued vote by mail
ballots. The list shall be maintained for each precinct within
the jurisdiction of the election authority. Prior to the
opening of the polls on election day, the election authority
shall deliver to the judges of election in each precinct the
list of registered voters in that precinct to whom vote by mail
ballots have been issued by mail.
Each election authority shall maintain a list for each
election of voters to whom it has issued temporarily absent
student ballots. The list shall be maintained for each election
jurisdiction within which such voters temporarily abide.
Immediately after the close of the period during which
application may be made by mail or electronic means for vote by
mail ballots, each election authority shall mail to each other
election authority within the State a certified list of all
such voters temporarily abiding within the jurisdiction of the
other election authority.
In the event that the return address of an application for
ballot by a physically incapacitated elector is that of a
facility licensed or certified under the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, or the MC/DD Act, within the
jurisdiction of the election authority, and the applicant is a

HB2755 Engrossed - 226 - LRB099 08043 RPS 28187 b
registered voter in the precinct in which such facility is
located, the ballots shall be prepared and transmitted to a
responsible judge of election no later than 9 a.m. on the
Saturday, Sunday or Monday immediately preceding the election
as designated by the election authority under Section 19-12.2.
Such judge shall deliver in person on the designated day the
ballot to the applicant on the premises of the facility from
which application was made. The election authority shall by
mail notify the applicant in such facility that the ballot will
be delivered by a judge of election on the designated day.
All applications for vote by mail ballots shall be
available at the office of the election authority for public
inspection upon request from the time of receipt thereof by the
election authority until 30 days after the election, except
during the time such applications are kept in the office of the
election authority pursuant to Section 19-7, and except during
the time such applications are in the possession of the judges
of election.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
98-756, eff. 7-16-14; 98-1171, eff. 6-1-15.)
(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
(Text of Section before amendment by P.A. 98-1171)
Sec. 19-12.1. Any qualified elector who has secured an
Illinois Person with a Disability Identification Card in

HB2755 Engrossed - 227 - LRB099 08043 RPS 28187 b
accordance with the Illinois Identification Card Act,
indicating that the person named thereon has a Class 1A or
Class 2 disability or any qualified voter who has a permanent
physical incapacity of such a nature as to make it improbable
that he will be able to be present at the polls at any future
election, or any voter who is a resident of (i) a federally
operated veterans' home, hospital, or facility located in
Illinois or (ii) a facility licensed or certified pursuant to
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act and
has a condition or disability of such a nature as to make it
improbable that he will be able to be present at the polls at
any future election, may secure a disabled voter's or nursing
home resident's identification card, which will enable him to
vote under this Article as a physically incapacitated or
nursing home voter. For the purposes of this Section,
"federally operated veterans' home, hospital, or facility"
means the long-term care facilities at the Jesse Brown VA
Medical Center, Illiana Health Care System, Edward Hines, Jr.
VA Hospital, Marion VA Medical Center, and Captain James A.
Lovell Federal Health Care Center.
Application for a disabled voter's or nursing home
resident's identification card shall be made either: (a) in
writing, with voter's sworn affidavit, to the county clerk or
board of election commissioners, as the case may be, and shall
be accompanied by the affidavit of the attending physician

HB2755 Engrossed - 228 - LRB099 08043 RPS 28187 b
specifically describing the nature of the physical incapacity
or the fact that the voter is a nursing home resident and is
physically unable to be present at the polls on election days;
or (b) by presenting, in writing or otherwise, to the county
clerk or board of election commissioners, as the case may be,
proof that the applicant has secured an Illinois Person with a
Disability Identification Card indicating that the person
named thereon has a Class 1A or Class 2 disability. Upon the
receipt of either the sworn-to application and the physician's
affidavit or proof that the applicant has secured an Illinois
Person with a Disability Identification Card indicating that
the person named thereon has a Class 1A or Class 2 disability,
the county clerk or board of election commissioners shall issue
a disabled voter's or nursing home resident's identification
card. Such identification cards shall be issued for a period of
5 years, upon the expiration of which time the voter may secure
a new card by making application in the same manner as is
prescribed for the issuance of an original card, accompanied by
a new affidavit of the attending physician. The date of
expiration of such five-year period shall be made known to any
interested person by the election authority upon the request of
such person. Applications for the renewal of the identification
cards shall be mailed to the voters holding such cards not less
than 3 months prior to the date of expiration of the cards.
Each disabled voter's or nursing home resident's
identification card shall bear an identification number, which

HB2755 Engrossed - 229 - LRB099 08043 RPS 28187 b
shall be clearly noted on the voter's original and duplicate
registration record cards. In the event the holder becomes
physically capable of resuming normal voting, he must surrender
his disabled voter's or nursing home resident's identification
card to the county clerk or board of election commissioners
before the next election.
The holder of a disabled voter's or nursing home resident's
identification card may make application by mail for an
official ballot within the time prescribed by Section 19-2.
Such application shall contain the same information as is
included in the form of application for ballot by a physically
incapacitated elector prescribed in Section 19-3 except that it
shall also include the applicant's disabled voter's
identification card number and except that it need not be sworn
to. If an examination of the records discloses that the
applicant is lawfully entitled to vote, he shall be mailed a
ballot as provided in Section 19-4. The ballot envelope shall
be the same as that prescribed in Section 19-5 for physically
disabled voters, and the manner of voting and returning the
ballot shall be the same as that provided in this Article for
other absentee ballots, except that a statement to be
subscribed to by the voter but which need not be sworn to shall
be placed on the ballot envelope in lieu of the affidavit
prescribed by Section 19-5.
Any person who knowingly subscribes to a false statement in
connection with voting under this Section shall be guilty of a

HB2755 Engrossed - 230 - LRB099 08043 RPS 28187 b
Class A misdemeanor.
For the purposes of this Section, "nursing home resident"
includes a resident of (i) a federally operated veterans' home,
hospital, or facility located in Illinois or (ii) a facility
licensed under the ID/DD Community Care Act or the Specialized
Mental Health Rehabilitation Act of 2013. For the purposes of
this Section, "federally operated veterans' home, hospital, or
facility" means the long-term care facilities at the Jesse
Brown VA Medical Center, Illiana Health Care System, Edward
Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain
James A. Lovell Federal Health Care Center.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13;
98-104, eff. 7-22-13.)
(Text of Section after amendment by P.A. 98-1171)
Sec. 19-12.1. Any qualified elector who has secured an
Illinois Person with a Disability Identification Card in
accordance with the Illinois Identification Card Act,
indicating that the person named thereon has a Class 1A or
Class 2 disability or any qualified voter who has a permanent
physical incapacity of such a nature as to make it improbable
that he will be able to be present at the polls at any future
election, or any voter who is a resident of (i) a federally
operated veterans' home, hospital, or facility located in
Illinois or (ii) a facility licensed or certified pursuant to

HB2755 Engrossed - 231 - LRB099 08043 RPS 28187 b
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act, or
the MC/DD Act and has a condition or disability of such a
nature as to make it improbable that he will be able to be
present at the polls at any future election, may secure a
disabled voter's or nursing home resident's identification
card, which will enable him to vote under this Article as a
physically incapacitated or nursing home voter. For the
purposes of this Section, "federally operated veterans' home,
hospital, or facility" means the long-term care facilities at
the Jesse Brown VA Medical Center, Illiana Health Care System,
Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and
Captain James A. Lovell Federal Health Care Center.
Application for a disabled voter's or nursing home
resident's identification card shall be made either: (a) in
writing, with voter's sworn affidavit, to the county clerk or
board of election commissioners, as the case may be, and shall
be accompanied by the affidavit of the attending physician
specifically describing the nature of the physical incapacity
or the fact that the voter is a nursing home resident and is
physically unable to be present at the polls on election days;
or (b) by presenting, in writing or otherwise, to the county
clerk or board of election commissioners, as the case may be,
proof that the applicant has secured an Illinois Person with a
Disability Identification Card indicating that the person
named thereon has a Class 1A or Class 2 disability. Upon the

HB2755 Engrossed - 232 - LRB099 08043 RPS 28187 b
receipt of either the sworn-to application and the physician's
affidavit or proof that the applicant has secured an Illinois
Person with a Disability Identification Card indicating that
the person named thereon has a Class 1A or Class 2 disability,
the county clerk or board of election commissioners shall issue
a disabled voter's or nursing home resident's identification
card. Such identification cards shall be issued for a period of
5 years, upon the expiration of which time the voter may secure
a new card by making application in the same manner as is
prescribed for the issuance of an original card, accompanied by
a new affidavit of the attending physician. The date of
expiration of such five-year period shall be made known to any
interested person by the election authority upon the request of
such person. Applications for the renewal of the identification
cards shall be mailed to the voters holding such cards not less
than 3 months prior to the date of expiration of the cards.
Each disabled voter's or nursing home resident's
identification card shall bear an identification number, which
shall be clearly noted on the voter's original and duplicate
registration record cards. In the event the holder becomes
physically capable of resuming normal voting, he must surrender
his disabled voter's or nursing home resident's identification
card to the county clerk or board of election commissioners
before the next election.
The holder of a disabled voter's or nursing home resident's
identification card may make application by mail for an

HB2755 Engrossed - 233 - LRB099 08043 RPS 28187 b
official ballot within the time prescribed by Section 19-2.
Such application shall contain the same information as is
included in the form of application for ballot by a physically
incapacitated elector prescribed in Section 19-3 except that it
shall also include the applicant's disabled voter's
identification card number and except that it need not be sworn
to. If an examination of the records discloses that the
applicant is lawfully entitled to vote, he shall be mailed a
ballot as provided in Section 19-4. The ballot envelope shall
be the same as that prescribed in Section 19-5 for physically
disabled voters, and the manner of voting and returning the
ballot shall be the same as that provided in this Article for
other vote by mail ballots, except that a statement to be
subscribed to by the voter but which need not be sworn to shall
be placed on the ballot envelope in lieu of the affidavit
prescribed by Section 19-5.
Any person who knowingly subscribes to a false statement in
connection with voting under this Section shall be guilty of a
Class A misdemeanor.
For the purposes of this Section, "nursing home resident"
includes a resident of (i) a federally operated veterans' home,
hospital, or facility located in Illinois or (ii) a facility
licensed under the ID/DD Community Care Act, the MC/DD Act, or
the Specialized Mental Health Rehabilitation Act of 2013. For
the purposes of this Section, "federally operated veterans'
home, hospital, or facility" means the long-term care

HB2755 Engrossed - 234 - LRB099 08043 RPS 28187 b
facilities at the Jesse Brown VA Medical Center, Illiana Health
Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical
Center, and Captain James A. Lovell Federal Health Care Center.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13;
98-104, eff. 7-22-13; 98-1171, eff. 6-1-15.)
(10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
(Text of Section before amendment by P.A. 98-1171)
Sec. 19-12.2. Voting by physically incapacitated electors
who have made proper application to the election authority not
later than 5 days before the regular primary and general
election of 1980 and before each election thereafter shall be
conducted on the premises of (i) federally operated veterans'
homes, hospitals, and facilities located in Illinois or (ii)
facilities licensed or certified pursuant to the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act of
2013, or the ID/DD Community Care Act for the sole benefit of
residents of such homes, hospitals, and facilities. For the
purposes of this Section, "federally operated veterans' home,
hospital, or facility" means the long-term care facilities at
the Jesse Brown VA Medical Center, Illiana Health Care System,
Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and
Captain James A. Lovell Federal Health Care Center. Such voting
shall be conducted during any continuous period sufficient to
allow all applicants to cast their ballots between the hours of

HB2755 Engrossed - 235 - LRB099 08043 RPS 28187 b
9 a.m. and 7 p.m. either on the Friday, Saturday, Sunday or
Monday immediately preceding the regular election. This
absentee voting on one of said days designated by the election
authority shall be supervised by two election judges who must
be selected by the election authority in the following order of
priority: (1) from the panel of judges appointed for the
precinct in which such home, hospital, or facility is located,
or from a panel of judges appointed for any other precinct
within the jurisdiction of the election authority in the same
ward or township, as the case may be, in which the home,
hospital, or facility is located or, only in the case where a
judge or judges from the precinct, township or ward are
unavailable to serve, (3) from a panel of judges appointed for
any other precinct within the jurisdiction of the election
authority. The two judges shall be from different political
parties. Not less than 30 days before each regular election,
the election authority shall have arranged with the chief
administrative officer of each home, hospital, or facility in
his or its election jurisdiction a mutually convenient time
period on the Friday, Saturday, Sunday or Monday immediately
preceding the election for such voting on the premises of the
home, hospital, or facility and shall post in a prominent place
in his or its office a notice of the agreed day and time period
for conducting such voting at each home, hospital, or facility;
provided that the election authority shall not later than noon
on the Thursday before the election also post the names and

HB2755 Engrossed - 236 - LRB099 08043 RPS 28187 b
addresses of those homes, hospitals, and facilities from which
no applications were received and in which no supervised
absentee voting will be conducted. All provisions of this Code
applicable to pollwatchers shall be applicable herein. To the
maximum extent feasible, voting booths or screens shall be
provided to insure the privacy of the voter. Voting procedures
shall be as described in Article 17 of this Code, except that
ballots shall be treated as absentee ballots and shall not be
counted until the close of the polls on the following day.
After the last voter has concluded voting, the judges shall
seal the ballots in an envelope and affix their signatures
across the flap of the envelope. Immediately thereafter, the
judges shall bring the sealed envelope to the office of the
election authority who shall deliver such ballots to the
election authority's central ballot counting location prior to
the closing of the polls on the day of election. The judges of
election shall also report to the election authority the name
of any applicant in the home, hospital, or facility who, due to
unforeseen circumstance or condition or because of a religious
holiday, was unable to vote. In this event, the election
authority may appoint a qualified person from his or its staff
to deliver the ballot to such applicant on the day of election.
This staff person shall follow the same procedures prescribed
for judges conducting absentee voting in such homes, hospitals,
or facilities and shall return the ballot to the central ballot
counting location before the polls close. However, if the home,

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hospital, or facility from which the application was made is
also used as a regular precinct polling place for that voter,
voting procedures heretofore prescribed may be implemented by 2
of the election judges of opposite party affiliation assigned
to that polling place during the hours of voting on the day of
the election. Judges of election shall be compensated not less
than $25.00 for conducting absentee voting in such homes,
hospitals, or facilities.
Not less than 120 days before each regular election, the
Department of Public Health shall certify to the State Board of
Elections a list of the facilities licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the ID/DD Community Care
Act. The lists shall indicate the approved bed capacity and the
name of the chief administrative officer of each such home,
hospital, or facility, and the State Board of Elections shall
certify the same to the appropriate election authority within
20 days thereafter.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13.)
(Text of Section after amendment by P.A. 98-1171)
Sec. 19-12.2. Voting by physically incapacitated electors
who have made proper application to the election authority not
later than 5 days before the regular primary and general
election of 1980 and before each election thereafter shall be

HB2755 Engrossed - 238 - LRB099 08043 RPS 28187 b
conducted on the premises of (i) federally operated veterans'
homes, hospitals, and facilities located in Illinois or (ii)
facilities licensed or certified pursuant to the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act of
2013, or the ID/DD Community Care Act, or the MC/DD Act for the
sole benefit of residents of such homes, hospitals, and
facilities. For the purposes of this Section, "federally
operated veterans' home, hospital, or facility" means the
long-term care facilities at the Jesse Brown VA Medical Center,
Illiana Health Care System, Edward Hines, Jr. VA Hospital,
Marion VA Medical Center, and Captain James A. Lovell Federal
Health Care Center. Such voting shall be conducted during any
continuous period sufficient to allow all applicants to cast
their ballots between the hours of 9 a.m. and 7 p.m. either on
the Friday, Saturday, Sunday or Monday immediately preceding
the regular election. This vote by mail voting on one of said
days designated by the election authority shall be supervised
by two election judges who must be selected by the election
authority in the following order of priority: (1) from the
panel of judges appointed for the precinct in which such home,
hospital, or facility is located, or from a panel of judges
appointed for any other precinct within the jurisdiction of the
election authority in the same ward or township, as the case
may be, in which the home, hospital, or facility is located or,
only in the case where a judge or judges from the precinct,
township or ward are unavailable to serve, (3) from a panel of

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judges appointed for any other precinct within the jurisdiction
of the election authority. The two judges shall be from
different political parties. Not less than 30 days before each
regular election, the election authority shall have arranged
with the chief administrative officer of each home, hospital,
or facility in his or its election jurisdiction a mutually
convenient time period on the Friday, Saturday, Sunday or
Monday immediately preceding the election for such voting on
the premises of the home, hospital, or facility and shall post
in a prominent place in his or its office a notice of the
agreed day and time period for conducting such voting at each
home, hospital, or facility; provided that the election
authority shall not later than noon on the Thursday before the
election also post the names and addresses of those homes,
hospitals, and facilities from which no applications were
received and in which no supervised vote by mail voting will be
conducted. All provisions of this Code applicable to
pollwatchers shall be applicable herein. To the maximum extent
feasible, voting booths or screens shall be provided to insure
the privacy of the voter. Voting procedures shall be as
described in Article 17 of this Code, except that ballots shall
be treated as vote by mail ballots and shall not be counted
until the close of the polls on the following day. After the
last voter has concluded voting, the judges shall seal the
ballots in an envelope and affix their signatures across the
flap of the envelope. Immediately thereafter, the judges shall

HB2755 Engrossed - 240 - LRB099 08043 RPS 28187 b
bring the sealed envelope to the office of the election
authority who shall deliver such ballots to the election
authority's central ballot counting location prior to the
closing of the polls on the day of election. The judges of
election shall also report to the election authority the name
of any applicant in the home, hospital, or facility who, due to
unforeseen circumstance or condition or because of a religious
holiday, was unable to vote. In this event, the election
authority may appoint a qualified person from his or its staff
to deliver the ballot to such applicant on the day of election.
This staff person shall follow the same procedures prescribed
for judges conducting vote by mail voting in such homes,
hospitals, or facilities and shall return the ballot to the
central ballot counting location before the polls close.
However, if the home, hospital, or facility from which the
application was made is also used as a regular precinct polling
place for that voter, voting procedures heretofore prescribed
may be implemented by 2 of the election judges of opposite
party affiliation assigned to that polling place during the
hours of voting on the day of the election. Judges of election
shall be compensated not less than $25.00 for conducting vote
by mail voting in such homes, hospitals, or facilities.
Not less than 120 days before each regular election, the
Department of Public Health shall certify to the State Board of
Elections a list of the facilities licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental

HB2755 Engrossed - 241 - LRB099 08043 RPS 28187 b
Health Rehabilitation Act of 2013, or the ID/DD Community Care
Act, or the MC/DD Act. The lists shall indicate the approved
bed capacity and the name of the chief administrative officer
of each such home, hospital, or facility, and the State Board
of Elections shall certify the same to the appropriate election
authority within 20 days thereafter.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13;
98-1171, eff. 6-1-15.)
Section 10. The Illinois Act on the Aging is amended by
changing Sections 4.04 and 4.08 as follows:
(20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
Sec. 4.04. Long Term Care Ombudsman Program. The purpose of
the Long Term Care Ombudsman Program is to ensure that older
persons and persons with disabilities receive quality
services. This is accomplished by providing advocacy services
for residents of long term care facilities and participants
receiving home care and community-based care. Managed care is
increasingly becoming the vehicle for delivering health and
long-term services and supports to seniors and persons with
disabilities, including dual eligible participants. The
additional ombudsman authority will allow advocacy services to
be provided to Illinois participants for the first time and
will produce a cost savings for the State of Illinois by

HB2755 Engrossed - 242 - LRB099 08043 RPS 28187 b
supporting the rebalancing efforts of the Patient Protection
and Affordable Care Act.
(a) Long Term Care Ombudsman Program. The Department shall
establish a Long Term Care Ombudsman Program, through the
Office of State Long Term Care Ombudsman ("the Office"), in
accordance with the provisions of the Older Americans Act of
1965, as now or hereafter amended. The Long Term Care Ombudsman
Program is authorized, subject to sufficient appropriations,
to advocate on behalf of older persons and persons with
disabilities residing in their own homes or community-based
settings, relating to matters which may adversely affect the
health, safety, welfare, or rights of such individuals.
(b) Definitions. As used in this Section, unless the
context requires otherwise:
(1) "Access" means the right to:
(i) Enter any long term care facility or assisted
living or shared housing establishment or supportive
living facility;
(ii) Communicate privately and without restriction
with any resident, regardless of age, who consents to
the communication;
(iii) Seek consent to communicate privately and
without restriction with any participant or resident,
regardless of age;
(iv) Inspect the clinical and other records of a
participant or resident, regardless of age, with the

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express written consent of the participant or
resident;
(v) Observe all areas of the long term care
facility or supportive living facilities, assisted
living or shared housing establishment except the
living area of any resident who protests the
observation; and
(vi) Subject to permission of the participant or
resident requesting services or his or her
representative, enter a home or community-based
setting.
(2) "Long Term Care Facility" means (i) any facility as
defined by Section 1-113 of the Nursing Home Care Act, as
now or hereafter amended; and (ii) any skilled nursing
facility or a nursing facility which meets the requirements
of Section 1819(a), (b), (c), and (d) or Section 1919(a),
(b), (c), and (d) of the Social Security Act, as now or
hereafter amended (42 U.S.C. 1395i-3(a), (b), (c), and (d)
and 42 U.S.C. 1396r(a), (b), (c), and (d)); (iii) and any
facility as defined by Section 1-113 of the ID/DD MR/DD
Community Care Act, as now or hereafter amended; and (iv)
any facility as defined by Section 1-113 of MC/DD Act, as
now or hereafter amended.
(2.5) "Assisted living establishment" and "shared
housing establishment" have the meanings given those terms
in Section 10 of the Assisted Living and Shared Housing

HB2755 Engrossed - 244 - LRB099 08043 RPS 28187 b
Act.
(2.7) "Supportive living facility" means a facility
established under Section 5-5.01a of the Illinois Public
Aid Code.
(2.8) "Community-based setting" means any place of
abode other than an individual's private home.
(3) "State Long Term Care Ombudsman" means any person
employed by the Department to fulfill the requirements of
the Office of State Long Term Care Ombudsman as required
under the Older Americans Act of 1965, as now or hereafter
amended, and Departmental policy.
(3.1) "Ombudsman" means any designated representative
of the State Long Term Care Ombudsman Program; provided
that the representative, whether he is paid for or
volunteers his ombudsman services, shall be qualified and
designated by the Office to perform the duties of an
ombudsman as specified by the Department in rules and in
accordance with the provisions of the Older Americans Act
of 1965, as now or hereafter amended.
(4) "Participant" means an older person aged 60 or over
or an adult with a disability aged 18 through 59 who is
eligible for services under any of the following:
(i) A medical assistance waiver administered by
the State.
(ii) A managed care organization providing care
coordination and other services to seniors and persons

HB2755 Engrossed - 245 - LRB099 08043 RPS 28187 b
with disabilities.
(5) "Resident" means an older person aged 60 or over or
an adult with a disability aged 18 through 59 who resides
in a long-term care facility.
(c) Ombudsman; rules. The Office of State Long Term Care
Ombudsman shall be composed of at least one full-time ombudsman
and shall include a system of designated regional long term
care ombudsman programs. Each regional program shall be
designated by the State Long Term Care Ombudsman as a
subdivision of the Office and any representative of a regional
program shall be treated as a representative of the Office.
The Department, in consultation with the Office, shall
promulgate administrative rules in accordance with the
provisions of the Older Americans Act of 1965, as now or
hereafter amended, to establish the responsibilities of the
Department and the Office of State Long Term Care Ombudsman and
the designated regional Ombudsman programs. The administrative
rules shall include the responsibility of the Office and
designated regional programs to investigate and resolve
complaints made by or on behalf of residents of long term care
facilities, supportive living facilities, and assisted living
and shared housing establishments, and participants residing
in their own homes or community-based settings, including the
option to serve residents and participants under the age of 60,
relating to actions, inaction, or decisions of providers, or
their representatives, of such facilities and establishments,

HB2755 Engrossed - 246 - LRB099 08043 RPS 28187 b
of public agencies, or of social services agencies, which may
adversely affect the health, safety, welfare, or rights of such
residents and participants. The Office and designated regional
programs may represent all residents and participants, but are
not required by this Act to represent persons under 60 years of
age, except to the extent required by federal law. When
necessary and appropriate, representatives of the Office shall
refer complaints to the appropriate regulatory State agency.
The Department, in consultation with the Office, shall
cooperate with the Department of Human Services and other State
agencies in providing information and training to designated
regional long term care ombudsman programs about the
appropriate assessment and treatment (including information
about appropriate supportive services, treatment options, and
assessment of rehabilitation potential) of the participants
they serve.
The State Long Term Care Ombudsman and all other ombudsmen,
as defined in paragraph (3.1) of subsection (b) must submit to
background checks under the Health Care Worker Background Check
Act and receive training, as prescribed by the Illinois
Department on Aging, before visiting facilities, private
homes, or community-based settings. The training must include
information specific to assisted living establishments,
supportive living facilities, shared housing establishments,
private homes, and community-based settings and to the rights
of residents and participants guaranteed under the

HB2755 Engrossed - 247 - LRB099 08043 RPS 28187 b
corresponding Acts and administrative rules.
(c-5) Consumer Choice Information Reports. The Office
shall:
(1) In collaboration with the Attorney General, create
a Consumer Choice Information Report form to be completed
by all licensed long term care facilities to aid
Illinoisans and their families in making informed choices
about long term care. The Office shall create a Consumer
Choice Information Report for each type of licensed long
term care facility. The Office shall collaborate with the
Attorney General and the Department of Human Services to
create a Consumer Choice Information Report form for
facilities licensed under the ID/DD MR/DD Community Care
Act or the MC/DD Act.
(2) Develop a database of Consumer Choice Information
Reports completed by licensed long term care facilities
that includes information in the following consumer
categories:
(A) Medical Care, Services, and Treatment.
(B) Special Services and Amenities.
(C) Staffing.
(D) Facility Statistics and Resident Demographics.
(E) Ownership and Administration.
(F) Safety and Security.
(G) Meals and Nutrition.
(H) Rooms, Furnishings, and Equipment.

HB2755 Engrossed - 248 - LRB099 08043 RPS 28187 b
(I) Family, Volunteer, and Visitation Provisions.
(3) Make this information accessible to the public,
including on the Internet by means of a hyperlink labeled
"Resident's Right to Know" on the Office's World Wide Web
home page. Information about facilities licensed under the
ID/DD MR/DD Community Care Act or the MC/DD Act shall be
made accessible to the public by the Department of Human
Services, including on the Internet by means of a hyperlink
labeled "Resident's and Families' Right to Know" on the
Department of Human Services' "For Customers" website.
(4) Have the authority, with the Attorney General, to
verify that information provided by a facility is accurate.
(5) Request a new report from any licensed facility
whenever it deems necessary.
(6) Include in the Office's Consumer Choice
Information Report for each type of licensed long term care
facility additional information on each licensed long term
care facility in the State of Illinois, including
information regarding each facility's compliance with the
relevant State and federal statutes, rules, and standards;
customer satisfaction surveys; and information generated
from quality measures developed by the Centers for Medicare
and Medicaid Services.
(d) Access and visitation rights.
(1) In accordance with subparagraphs (A) and (E) of
paragraph (3) of subsection (c) of Section 1819 and

HB2755 Engrossed - 249 - LRB099 08043 RPS 28187 b
subparagraphs (A) and (E) of paragraph (3) of subsection
(c) of Section 1919 of the Social Security Act, as now or
hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
Older Americans Act of 1965, as now or hereafter amended
(42 U.S.C. 3058f), a long term care facility, supportive
living facility, assisted living establishment, and shared
housing establishment must:
(i) permit immediate access to any resident,
regardless of age, by a designated ombudsman;
(ii) permit representatives of the Office, with
the permission of the resident's legal representative
or legal guardian, to examine a resident's clinical and
other records, regardless of the age of the resident,
and if a resident is unable to consent to such review,
and has no legal guardian, permit representatives of
the Office appropriate access, as defined by the
Department, in consultation with the Office, in
administrative rules, to the resident's records; and
(iii) permit a representative of the Program to
communicate privately and without restriction with any
participant who consents to the communication
regardless of the consent of, or withholding of consent
by, a legal guardian or an agent named in a power of
attorney executed by the participant.
(2) Each long term care facility, supportive living

HB2755 Engrossed - 250 - LRB099 08043 RPS 28187 b
facility, assisted living establishment, and shared
housing establishment shall display, in multiple,
conspicuous public places within the facility accessible
to both visitors and residents and in an easily readable
format, the address and phone number of the Office of the
Long Term Care Ombudsman, in a manner prescribed by the
Office.
(e) Immunity. An ombudsman or any representative of the
Office participating in the good faith performance of his or
her official duties shall have immunity from any liability
(civil, criminal or otherwise) in any proceedings (civil,
criminal or otherwise) brought as a consequence of the
performance of his official duties.
(f) Business offenses.
(1) No person shall:
(i) Intentionally prevent, interfere with, or
attempt to impede in any way any representative of the
Office in the performance of his official duties under
this Act and the Older Americans Act of 1965; or
(ii) Intentionally retaliate, discriminate
against, or effect reprisals against any long term care
facility resident or employee for contacting or
providing information to any representative of the
Office.
(2) A violation of this Section is a business offense,
punishable by a fine not to exceed $501.

HB2755 Engrossed - 251 - LRB099 08043 RPS 28187 b
(3) The State Long Term Care Ombudsman shall notify the
State's Attorney of the county in which the long term care
facility, supportive living facility, or assisted living
or shared housing establishment is located, or the Attorney
General, of any violations of this Section.
(g) Confidentiality of records and identities. The
Department shall establish procedures for the disclosure by the
State Ombudsman or the regional ombudsmen entities of files
maintained by the program. The procedures shall provide that
the files and records may be disclosed only at the discretion
of the State Long Term Care Ombudsman or the person designated
by the State Ombudsman to disclose the files and records, and
the procedures shall prohibit the disclosure of the identity of
any complainant, resident, participant, witness, or employee
of a long term care provider unless:
(1) the complainant, resident, participant, witness,
or employee of a long term care provider or his or her
legal representative consents to the disclosure and the
consent is in writing;
(2) the complainant, resident, participant, witness,
or employee of a long term care provider gives consent
orally; and the consent is documented contemporaneously in
writing in accordance with such requirements as the
Department shall establish; or
(3) the disclosure is required by court order.
(h) Legal representation. The Attorney General shall

HB2755 Engrossed - 252 - LRB099 08043 RPS 28187 b
provide legal representation to any representative of the
Office against whom suit or other legal action is brought in
connection with the performance of the representative's
official duties, in accordance with the State Employee
Indemnification Act.
(i) Treatment by prayer and spiritual means. Nothing in
this Act shall be construed to authorize or require the medical
supervision, regulation or control of remedial care or
treatment of any resident in a long term care facility operated
exclusively by and for members or adherents of any church or
religious denomination the tenets and practices of which
include reliance solely upon spiritual means through prayer for
healing.
(j) The Long Term Care Ombudsman Fund is created as a
special fund in the State treasury to receive moneys for the
express purposes of this Section. All interest earned on moneys
in the fund shall be credited to the fund. Moneys contained in
the fund shall be used to support the purposes of this Section.
(k) Each Regional Ombudsman may, in accordance with rules
promulgated by the Office, establish a multi-disciplinary team
to act in an advisory role for the purpose of providing
professional knowledge and expertise in handling complex
abuse, neglect, and advocacy issues involving participants.
Each multi-disciplinary team may consist of one or more
volunteer representatives from any combination of at least 7
members from the following professions: banking or finance;

HB2755 Engrossed - 253 - LRB099 08043 RPS 28187 b
disability care; health care; pharmacology; law; law
enforcement; emergency responder; mental health care; clergy;
coroner or medical examiner; substance abuse; domestic
violence; sexual assault; or other related fields. To support
multi-disciplinary teams in this role, law enforcement
agencies and coroners or medical examiners shall supply records
as may be requested in particular cases. The Regional
Ombudsman, or his or her designee, of the area in which the
multi-disciplinary team is created shall be the facilitator of
the multi-disciplinary team.
(Source: P.A. 97-38, eff. 6-28-11; 98-380, eff. 8-16-13;
98-989, eff. 1-1-15.)
(20 ILCS 105/4.08)
Sec. 4.08. Rural and small town meals program. Subject to
appropriation, the Department may establish a program to ensure
the availability of congregate or home-delivered meals in
communities with populations of under 5,000 that are not
located within the large urban counties of Cook, DuPage, Kane,
Lake, or Will.
The Department may meet these requirements by entering into
agreements with Area Agencies on Aging or Department designees,
which shall in turn enter into grants or contractual agreements
with such local entities as restaurants, cafes, churches,
facilities licensed under the Nursing Home Care Act, the ID/DD
Community Care Act, the MC/DD Act, the Assisted Living and

HB2755 Engrossed - 254 - LRB099 08043 RPS 28187 b
Shared Housing Act, or the Hospital Licensing Act, facilities
certified by the Department of Healthcare and Family Services,
senior centers, or Older American Act designated nutrition
service providers.
First consideration shall be given to entities that can
cost effectively meet the needs of seniors in the community by
preparing the food locally.
In no instance shall funds provided pursuant to this
Section be used to replace funds allocated to a given area or
program as of the effective date of this amendatory Act of the
95th General Assembly.
The Department shall establish guidelines and standards by
administrative rule, which shall include submission of an
expenditure plan by the recipient of the funds.
(Source: P.A. 96-339, eff. 7-1-10; 97-227, eff. 1-1-12.)
Section 15. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
15 as follows:
(20 ILCS 1705/15) (from Ch. 91 1/2, par. 100-15)
Sec. 15. Before any person is released from a facility
operated by the State pursuant to an absolute discharge or a
conditional discharge from hospitalization under this Act, the
facility director of the facility in which such person is
hospitalized shall determine that such person is not currently

HB2755 Engrossed - 255 - LRB099 08043 RPS 28187 b
in need of hospitalization and:
(a) is able to live independently in the community; or
(b) requires further oversight and supervisory care
for which arrangements have been made with responsible
relatives or supervised residential program approved by
the Department; or
(c) requires further personal care or general
oversight as defined by the ID/DD Community Care Act, the
MC/DD Act, or the Specialized Mental Health Rehabilitation
Act of 2013, for which placement arrangements have been
made with a suitable family home or other licensed facility
approved by the Department under this Section; or
(d) requires community mental health services for
which arrangements have been made with a community mental
health provider in accordance with criteria, standards,
and procedures promulgated by rule.
Such determination shall be made in writing and shall
become a part of the facility record of such absolutely or
conditionally discharged person. When the determination
indicates that the condition of the person to be granted an
absolute discharge or a conditional discharge is described
under subparagraph (c) or (d) of this Section, the name and
address of the continuing care facility or home to which such
person is to be released shall be entered in the facility
record. Where a discharge from a mental health facility is made
under subparagraph (c), the Department shall assign the person

HB2755 Engrossed - 256 - LRB099 08043 RPS 28187 b
so discharged to an existing community based not-for-profit
agency for participation in day activities suitable to the
person's needs, such as but not limited to social and
vocational rehabilitation, and other recreational, educational
and financial activities unless the community based
not-for-profit agency is unqualified to accept such
assignment. Where the clientele of any not-for-profit agency
increases as a result of assignments under this amendatory Act
of 1977 by more than 3% over the prior year, the Department
shall fully reimburse such agency for the costs of providing
services to such persons in excess of such 3% increase. The
Department shall keep written records detailing how many
persons have been assigned to a community based not-for-profit
agency and how many persons were not so assigned because the
community based agency was unable to accept the assignments, in
accordance with criteria, standards, and procedures
promulgated by rule. Whenever a community based agency is found
to be unable to accept the assignments, the name of the agency
and the reason for the finding shall be included in the report.
Insofar as desirable in the interests of the former
recipient, the facility, program or home in which the
discharged person is to be placed shall be located in or near
the community in which the person resided prior to
hospitalization or in the community in which the person's
family or nearest next of kin presently reside. Placement of
the discharged person in facilities, programs or homes located

HB2755 Engrossed - 257 - LRB099 08043 RPS 28187 b
outside of this State shall not be made by the Department
unless there are no appropriate facilities, programs or homes
available within this State. Out-of-state placements shall be
subject to return of recipients so placed upon the availability
of facilities, programs or homes within this State to
accommodate these recipients, except where placement in a
contiguous state results in locating a recipient in a facility
or program closer to the recipient's home or family. If an
appropriate facility or program becomes available equal to or
closer to the recipient's home or family, the recipient shall
be returned to and placed at the appropriate facility or
program within this State.
To place any person who is under a program of the
Department at board in a suitable family home or in such other
facility or program as the Department may consider desirable.
The Department may place in licensed nursing homes, sheltered
care homes, or homes for the aged those persons whose
behavioral manifestations and medical and nursing care needs
are such as to be substantially indistinguishable from persons
already living in such facilities. Prior to any placement by
the Department under this Section, a determination shall be
made by the personnel of the Department, as to the capability
and suitability of such facility to adequately meet the needs
of the person to be discharged. When specialized programs are
necessary in order to enable persons in need of supervised
living to develop and improve in the community, the Department

HB2755 Engrossed - 258 - LRB099 08043 RPS 28187 b
shall place such persons only in specialized residential care
facilities which shall meet Department standards including
restricted admission policy, special staffing and programming
for social and vocational rehabilitation, in addition to the
requirements of the appropriate State licensing agency. The
Department shall not place any new person in a facility the
license of which has been revoked or not renewed on grounds of
inadequate programming, staffing, or medical or adjunctive
services, regardless of the pendency of an action for
administrative review regarding such revocation or failure to
renew. Before the Department may transfer any person to a
licensed nursing home, sheltered care home or home for the aged
or place any person in a specialized residential care facility
the Department shall notify the person to be transferred, or a
responsible relative of such person, in writing, at least 30
days before the proposed transfer, with respect to all the
relevant facts concerning such transfer, except in cases of
emergency when such notice is not required. If either the
person to be transferred or a responsible relative of such
person objects to such transfer, in writing to the Department,
at any time after receipt of notice and before the transfer,
the facility director of the facility in which the person was a
recipient shall immediately schedule a hearing at the facility
with the presence of the facility director, the person who
objected to such proposed transfer, and a psychiatrist who is
familiar with the record of the person to be transferred. Such

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person to be transferred or a responsible relative may be
represented by such counsel or interested party as he may
appoint, who may present such testimony with respect to the
proposed transfer. Testimony presented at such hearing shall
become a part of the facility record of the
person-to-be-transferred. The record of testimony shall be
held in the person-to-be-transferred's record in the central
files of the facility. If such hearing is held a transfer may
only be implemented, if at all, in accordance with the results
of such hearing. Within 15 days after such hearing the facility
director shall deliver his findings based on the record of the
case and the testimony presented at the hearing, by registered
or certified mail, to the parties to such hearing. The findings
of the facility director shall be deemed a final administrative
decision of the Department. For purposes of this Section, "case
of emergency" means those instances in which the health of the
person to be transferred is imperiled and the most appropriate
mental health care or medical care is available at a licensed
nursing home, sheltered care home or home for the aged or a
specialized residential care facility.
Prior to placement of any person in a facility under this
Section the Department shall ensure that an appropriate
training plan for staff is provided by the facility. Said
training may include instruction and demonstration by
Department personnel qualified in the area of mental illness or
intellectual disabilities, as applicable to the person to be

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placed. Training may be given both at the facility from which
the recipient is transferred and at the facility receiving the
recipient, and may be available on a continuing basis
subsequent to placement. In a facility providing services to
former Department recipients, training shall be available as
necessary for facility staff. Such training will be on a
continuing basis as the needs of the facility and recipients
change and further training is required.
The Department shall not place any person in a facility
which does not have appropriately trained staff in sufficient
numbers to accommodate the recipient population already at the
facility. As a condition of further or future placements of
persons, the Department shall require the employment of
additional trained staff members at the facility where said
persons are to be placed. The Secretary, or his or her
designate, shall establish written guidelines for placement of
persons in facilities under this Act. The Department shall keep
written records detailing which facilities have been
determined to have staff who have been appropriately trained by
the Department and all training which it has provided or
required under this Section.
Bills for the support for a person boarded out shall be
payable monthly out of the proper maintenance funds and shall
be audited as any other accounts of the Department. If a person
is placed in a facility or program outside the Department, the
Department may pay the actual costs of residence, treatment or

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maintenance in such facility and may collect such actual costs
or a portion thereof from the recipient or the estate of a
person placed in accordance with this Section.
Other than those placed in a family home the Department
shall cause all persons who are placed in a facility, as
defined by the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013, or in
designated community living situations or programs, to be
visited at least once during the first month following
placement, and once every month thereafter for the first year
following placement when indicated, but at least quarterly.
After the first year, the Department shall determine at what
point the appropriate licensing entity for the facility or
designated community living situation or program will assume
the responsibility of ensuring that appropriate services are
being provided to the resident. Once that responsibility is
assumed, the Department may discontinue such visits. If a long
term care facility has periodic care plan conferences, the
visitor may participate in those conferences, if such
participation is approved by the resident or the resident's
guardian. Visits shall be made by qualified and trained
Department personnel, or their designee, in the area of mental
health or developmental disabilities applicable to the person
visited, and shall be made on a more frequent basis when
indicated. The Department may not use as designee any personnel
connected with or responsible to the representatives of any

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facility in which persons who have been transferred under this
Section are placed. In the course of such visit there shall be
consideration of the following areas, but not limited thereto:
effects of transfer on physical and mental health of the
person, sufficiency of nursing care and medical coverage
required by the person, sufficiency of staff personnel and
ability to provide basic care for the person, social,
recreational and programmatic activities available for the
person, and other appropriate aspects of the person's
environment.
A report containing the above observations shall be made to
the Department, to the licensing agency, and to any other
appropriate agency subsequent to each visitation. The report
shall contain recommendations to improve the care and treatment
of the resident, as necessary, which shall be reviewed by the
facility's interdisciplinary team and the resident or the
resident's legal guardian.
Upon the complaint of any person placed in accordance with
this Section or any responsible citizen or upon discovery that
such person has been abused, neglected, or improperly cared
for, or that the placement does not provide the type of care
required by the recipient's current condition, the Department
immediately shall investigate, and determine if the
well-being, health, care, or safety of any person is affected
by any of the above occurrences, and if any one of the above
occurrences is verified, the Department shall remove such

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person at once to a facility of the Department or to another
facility outside the Department, provided such person's needs
can be met at said facility. The Department may also provide
any person placed in accordance with this Section who is
without available funds, and who is permitted to engage in
employment outside the facility, such sums for the
transportation, and other expenses as may be needed by him
until he receives his wages for such employment.
The Department shall promulgate rules and regulations
governing the purchase of care for persons who are wards of or
who are receiving services from the Department. Such rules and
regulations shall apply to all monies expended by any agency of
the State of Illinois for services rendered by any person,
corporate entity, agency, governmental agency or political
subdivision whether public or private outside of the Department
whether payment is made through a contractual, per-diem or
other arrangement. No funds shall be paid to any person,
corporation, agency, governmental entity or political
subdivision without compliance with such rules and
regulations.
The rules and regulations governing purchase of care shall
describe categories and types of service deemed appropriate for
purchase by the Department.
Any provider of services under this Act may elect to
receive payment for those services, and the Department is
authorized to arrange for that payment, by means of direct

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deposit transmittals to the service provider's account
maintained at a bank, savings and loan association, or other
financial institution. The financial institution shall be
approved by the Department, and the deposits shall be in
accordance with rules and regulations adopted by the
Department.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 20. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Sections 2310-550, 2310-560, 2310-565, and
2310-625 as follows:
(20 ILCS 2310/2310-550) (was 20 ILCS 2310/55.40)
Sec. 2310-550. Long-term care facilities. The Department
may perform, in all long-term care facilities as defined in the
Nursing Home Care Act, all facilities as defined in the
Specialized Mental Health Rehabilitation Act of 2013, and all
facilities as defined in the ID/DD Community Care Act, and all
facilities as defined in the MC/DD Act, all inspection,
evaluation, certification, and inspection of care duties that
the federal government may require the State of Illinois to
perform or have performed as a condition of participation in
any programs under Title XVIII or Title XIX of the federal
Social Security Act.

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(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(20 ILCS 2310/2310-560) (was 20 ILCS 2310/55.87)
Sec. 2310-560. Advisory committees concerning construction
of facilities.
(a) The Director shall appoint an advisory committee. The
committee shall be established by the Department by rule. The
Director and the Department shall consult with the advisory
committee concerning the application of building codes and
Department rules related to those building codes to facilities
under the Ambulatory Surgical Treatment Center Act, the Nursing
Home Care Act, the Specialized Mental Health Rehabilitation Act
of 2013, and the ID/DD Community Care Act, and the MC/DD Act.
(b) The Director shall appoint an advisory committee to
advise the Department and to conduct informal dispute
resolution concerning the application of building codes for new
and existing construction and related Department rules and
standards under the Hospital Licensing Act, including without
limitation rules and standards for (i) design and construction,
(ii) engineering and maintenance of the physical plant, site,
equipment, and systems (heating, cooling, electrical,
ventilation, plumbing, water, sewer, and solid waste
disposal), and (iii) fire and safety. The advisory committee
shall be composed of all of the following members:
(1) The chairperson or an elected representative from

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the Hospital Licensing Board under the Hospital Licensing
Act.
(2) Two health care architects with a minimum of 10
years of experience in institutional design and building
code analysis.
(3) Two engineering professionals (one mechanical and
one electrical) with a minimum of 10 years of experience in
institutional design and building code analysis.
(4) One commercial interior design professional with a
minimum of 10 years of experience.
(5) Two representatives from provider associations.
(6) The Director or his or her designee, who shall
serve as the committee moderator.
Appointments shall be made with the concurrence of the
Hospital Licensing Board. The committee shall submit
recommendations concerning the application of building codes
and related Department rules and standards to the Hospital
Licensing Board for review and comment prior to submission to
the Department. The committee shall submit recommendations
concerning informal dispute resolution to the Director. The
Department shall provide per diem and travel expenses to the
committee members.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(20 ILCS 2310/2310-565) (was 20 ILCS 2310/55.88)

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Sec. 2310-565. Facility construction training program. The
Department shall conduct, at least annually, a joint in-service
training program for architects, engineers, interior
designers, and other persons involved in the construction of a
facility under the Ambulatory Surgical Treatment Center Act,
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, the
MC/DD Act, or the Hospital Licensing Act on problems and issues
relating to the construction of facilities under any of those
Acts.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(20 ILCS 2310/2310-625)
Sec. 2310-625. Emergency Powers.
(a) Upon proclamation of a disaster by the Governor, as
provided for in the Illinois Emergency Management Agency Act,
the Director of Public Health shall have the following powers,
which shall be exercised only in coordination with the Illinois
Emergency Management Agency and the Department of Financial and
Professional Regulation:
(1) The power to suspend the requirements for temporary
or permanent licensure or certification of persons who are
licensed or certified in another state and are working
under the direction of the Illinois Emergency Management
Agency and the Illinois Department of Public Health

HB2755 Engrossed - 268 - LRB099 08043 RPS 28187 b
pursuant to the declared disaster.
(2) The power to modify the scope of practice
restrictions under the Emergency Medical Services (EMS)
Systems Act for any persons who are licensed under that Act
for any person working under the direction of the Illinois
Emergency Management Agency and the Illinois Department of
Public Health pursuant to the declared disaster.
(3) The power to modify the scope of practice
restrictions under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, or the MC/DD Act for
Certified Nursing Assistants for any person working under
the direction of the Illinois Emergency Management Agency
and the Illinois Department of Public Health pursuant to
the declared disaster.
(b) Persons exempt from licensure or certification under
paragraph (1) of subsection (a) and persons operating under
modified scope of practice provisions under paragraph (2) of
subsection (a) and paragraph (3) of subsection (a) shall be
exempt from licensure or certification or subject to modified
scope of practice only until the declared disaster has ended as
provided by law. For purposes of this Section, persons working
under the direction of an emergency services and disaster
agency accredited by the Illinois Emergency Management Agency
and a local public health department, pursuant to a declared
disaster, shall be deemed to be working under the direction of

HB2755 Engrossed - 269 - LRB099 08043 RPS 28187 b
the Illinois Emergency Management Agency and the Department of
Public Health.
(c) The Director shall exercise these powers by way of
proclamation.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 25. The Disabilities Services Act of 2003 is
amended by changing Section 52 as follows:
(20 ILCS 2407/52)
Sec. 52. Applicability; definitions. In accordance with
Section 6071 of the Deficit Reduction Act of 2005 (P.L.
109-171), as used in this Article:
"Departments". The term "Departments" means for the
purposes of this Act, the Department of Human Services, the
Department on Aging, Department of Healthcare and Family
Services and Department of Public Health, unless otherwise
noted.
"Home and community-based long-term care services". The
term "home and community-based long-term care services" means,
with respect to the State Medicaid program, a service aid, or
benefit, home and community-based services, including but not
limited to home health and personal care services, that are
provided to a person with a disability, and are voluntarily
accepted, as part of his or her long-term care that: (i) is

HB2755 Engrossed - 270 - LRB099 08043 RPS 28187 b
provided under the State's qualified home and community-based
program or that could be provided under such a program but is
otherwise provided under the Medicaid program; (ii) is
delivered in a qualified residence; and (iii) is necessary for
the person with a disability to live in the community.
"ID/DD community care facility". The term "ID/DD community
care facility", for the purposes of this Article, means a
skilled nursing or intermediate long-term care facility
subject to licensure by the Department of Public Health under
the ID/DD Community Care Act or the MC/DD Act, an intermediate
care facility for the developmentally disabled (ICF-DDs), and a
State-operated developmental center or mental health center,
whether publicly or privately owned.
"Money Follows the Person" Demonstration. Enacted by the
Deficit Reduction Act of 2005, the Money Follows the Person
(MFP) Rebalancing Demonstration is part of a comprehensive,
coordinated strategy to assist states, in collaboration with
stakeholders, to make widespread changes to their long-term
care support systems. This initiative will assist states in
their efforts to reduce their reliance on institutional care
while developing community-based long-term care opportunities,
enabling the elderly and people with disabilities to fully
participate in their communities.
"Public funds" mean any funds appropriated by the General
Assembly to the Departments of Human Services, on Aging, of
Healthcare and Family Services and of Public Health for

HB2755 Engrossed - 271 - LRB099 08043 RPS 28187 b
settings and services as defined in this Article.
"Qualified residence". The term "qualified residence"
means, with respect to an eligible individual: (i) a home owned
or leased by the individual or the individual's authorized
representative (as defined by P.L. 109-171); (ii) an apartment
with an individual lease, with lockable access and egress, and
which includes living, sleeping, bathing, and cooking areas
over which the individual or the individual's family has domain
and control; or (iii) a residence, in a community-based
residential setting, in which no more than 4 unrelated
individuals reside. Where qualified residences are not
sufficient to meet the demand of eligible individuals,
time-limited exceptions to this definition may be developed
through administrative rule.
"Self-directed services". The term "self-directed
services" means, with respect to home and community-based
long-term services for an eligible individual, those services
for the individual that are planned and purchased under the
direction and control of the individual or the individual's
authorized representative, including the amount, duration,
scope, provider, and location of such services, under the State
Medicaid program consistent with the following requirements:
(a) Assessment: there is an assessment of the needs,
capabilities, and preference of the individual with
respect to such services.
(b) Individual service care or treatment plan: based on

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the assessment, there is development jointly with such
individual or individual's authorized representative, a
plan for such services for the individual that (i)
specifies those services, if any, that the individual or
the individual's authorized representative would be
responsible for directing; (ii) identifies the methods by
which the individual or the individual's authorized
representative or an agency designated by an individual or
representative will select, manage, and dismiss providers
of such services.
(Source: P.A. 96-339, eff. 7-1-10; 97-227, eff. 1-1-12.)
Section 27. The Criminal Identification Act is amended by
changing Section 7.5 as follows:
(20 ILCS 2630/7.5)
Sec. 7.5. Notification of outstanding warrant. If the
existence of an outstanding arrest warrant is identified by the
Department of State Police in connection with the criminal
history background checks conducted pursuant to subsection (b)
of Section 2-201.5 of the Nursing Home Care Act, and Section
2-201.5 of the ID/DD MR/DD Community Care Act, Section 2-201.5
of the MC/DD Act, or subsection (d) of Section 6.09 of the
Hospital Licensing Act, the Department shall notify the
jurisdiction issuing the warrant of the following:
(1) Existence of the warrant.

HB2755 Engrossed - 273 - LRB099 08043 RPS 28187 b
(2) The name, address, and telephone number of the
licensed long term care facility in which the wanted person
resides.
Local issuing jurisdictions shall be aware that nursing
facilities have residents who may be fragile or vulnerable or
who may have a mental illness. When serving a warrant, law
enforcement shall make every attempt to mitigate the adverse
impact on other facility residents.
(Source: P.A. 96-1372, eff. 7-29-10; 97-38, eff. 6-28-11.)
Section 30. The Illinois Finance Authority Act is amended
by changing Section 801-10 as follows:
(20 ILCS 3501/801-10)
Sec. 801-10. Definitions. The following terms, whenever
used or referred to in this Act, shall have the following
meanings, except in such instances where the context may
clearly indicate otherwise:
(a) The term "Authority" means the Illinois Finance
Authority created by this Act.
(b) The term "project" means an industrial project,
conservation project, housing project, public purpose project,
higher education project, health facility project, cultural
institution project, municipal bond program project,
agricultural facility or agribusiness, and "project" may
include any combination of one or more of the foregoing

HB2755 Engrossed - 274 - LRB099 08043 RPS 28187 b
undertaken jointly by any person with one or more other
persons.
(c) The term "public purpose project" means any project or
facility, including without limitation land, buildings,
structures, machinery, equipment and all other real and
personal property, which is authorized or required by law to be
acquired, constructed, improved, rehabilitated, reconstructed,
replaced or maintained by any unit of government or any other
lawful public purpose which is authorized or required by law to
be undertaken by any unit of government.
(d) The term "industrial project" means the acquisition,
construction, refurbishment, creation, development or
redevelopment of any facility, equipment, machinery, real
property or personal property for use by any instrumentality of
the State or its political subdivisions, for use by any person
or institution, public or private, for profit or not for
profit, or for use in any trade or business, including, but not
limited to, any industrial, manufacturing or commercial
enterprise that is located within or outside the State,
provided that, with respect to a project involving property
located outside the State, the property must be owned,
operated, leased or managed by an entity located within the
State or an entity affiliated with an entity located within the
State, and which is (1) a capital project, including, but not
limited to: (i) land and any rights therein, one or more
buildings, structures or other improvements, machinery and

HB2755 Engrossed - 275 - LRB099 08043 RPS 28187 b
equipment, whether now existing or hereafter acquired, and
whether or not located on the same site or sites; (ii) all
appurtenances and facilities incidental to the foregoing,
including, but not limited to, utilities, access roads,
railroad sidings, track, docking and similar facilities,
parking facilities, dockage, wharfage, railroad roadbed,
track, trestle, depot, terminal, switching and signaling or
related equipment, site preparation and landscaping; and (iii)
all non-capital costs and expenses relating thereto or (2) any
addition to, renovation, rehabilitation or improvement of a
capital project or (3) any activity or undertaking within or
outside the State, provided that, with respect to a project
involving property located outside the State, the property must
be owned, operated, leased or managed by an entity located
within the State or an entity affiliated with an entity located
within the State, which the Authority determines will aid,
assist or encourage economic growth, development or
redevelopment within the State or any area thereof, will
promote the expansion, retention or diversification of
employment opportunities within the State or any area thereof
or will aid in stabilizing or developing any industry or
economic sector of the State economy. The term "industrial
project" also means the production of motion pictures.
(e) The term "bond" or "bonds" shall include bonds, notes
(including bond, grant or revenue anticipation notes),
certificates and/or other evidences of indebtedness

HB2755 Engrossed - 276 - LRB099 08043 RPS 28187 b
representing an obligation to pay money, including refunding
bonds.
(f) The terms "lease agreement" and "loan agreement" shall
mean: (i) an agreement whereby a project acquired by the
Authority by purchase, gift or lease is leased to any person,
corporation or unit of local government which will use or cause
the project to be used as a project as heretofore defined upon
terms providing for lease rental payments at least sufficient
to pay when due all principal of, interest and premium, if any,
on any bonds of the Authority issued with respect to such
project, providing for the maintenance, insuring and operation
of the project on terms satisfactory to the Authority,
providing for disposition of the project upon termination of
the lease term, including purchase options or abandonment of
the premises, and such other terms as may be deemed desirable
by the Authority, or (ii) any agreement pursuant to which the
Authority agrees to loan the proceeds of its bonds issued with
respect to a project or other funds of the Authority to any
person which will use or cause the project to be used as a
project as heretofore defined upon terms providing for loan
repayment installments at least sufficient to pay when due all
principal of, interest and premium, if any, on any bonds of the
Authority, if any, issued with respect to the project, and
providing for maintenance, insurance and other matters as may
be deemed desirable by the Authority.
(g) The term "financial aid" means the expenditure of

HB2755 Engrossed - 277 - LRB099 08043 RPS 28187 b
Authority funds or funds provided by the Authority through the
issuance of its bonds, notes or other evidences of indebtedness
or from other sources for the development, construction,
acquisition or improvement of a project.
(h) The term "person" means an individual, corporation,
unit of government, business trust, estate, trust, partnership
or association, 2 or more persons having a joint or common
interest, or any other legal entity.
(i) The term "unit of government" means the federal
government, the State or unit of local government, a school
district, or any agency or instrumentality, office, officer,
department, division, bureau, commission, college or
university thereof.
(j) The term "health facility" means: (a) any public or
private institution, place, building, or agency required to be
licensed under the Hospital Licensing Act; (b) any public or
private institution, place, building, or agency required to be
licensed under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the ID/DD
Community Care Act, or the MC/DD Act; (c) any public or
licensed private hospital as defined in the Mental Health and
Developmental Disabilities Code; (d) any such facility
exempted from such licensure when the Director of Public Health
attests that such exempted facility meets the statutory
definition of a facility subject to licensure; (e) any other
public or private health service institution, place, building,

HB2755 Engrossed - 278 - LRB099 08043 RPS 28187 b
or agency which the Director of Public Health attests is
subject to certification by the Secretary, U.S. Department of
Health and Human Services under the Social Security Act, as now
or hereafter amended, or which the Director of Public Health
attests is subject to standard-setting by a recognized public
or voluntary accrediting or standard-setting agency; (f) any
public or private institution, place, building or agency
engaged in providing one or more supporting services to a
health facility; (g) any public or private institution, place,
building or agency engaged in providing training in the healing
arts, including, but not limited to, schools of medicine,
dentistry, osteopathy, optometry, podiatry, pharmacy or
nursing, schools for the training of x-ray, laboratory or other
health care technicians and schools for the training of
para-professionals in the health care field; (h) any public or
private congregate, life or extended care or elderly housing
facility or any public or private home for the aged or infirm,
including, without limitation, any Facility as defined in the
Life Care Facilities Act; (i) any public or private mental,
emotional or physical rehabilitation facility or any public or
private educational, counseling, or rehabilitation facility or
home, for those persons with a developmental disability, those
who are physically ill or disabled, the emotionally disturbed,
those persons with a mental illness or persons with learning or
similar disabilities or problems; (j) any public or private
alcohol, drug or substance abuse diagnosis, counseling

HB2755 Engrossed - 279 - LRB099 08043 RPS 28187 b
treatment or rehabilitation facility, (k) any public or private
institution, place, building or agency licensed by the
Department of Children and Family Services or which is not so
licensed but which the Director of Children and Family Services
attests provides child care, child welfare or other services of
the type provided by facilities subject to such licensure; (l)
any public or private adoption agency or facility; and (m) any
public or private blood bank or blood center. "Health facility"
also means a public or private structure or structures suitable
primarily for use as a laboratory, laundry, nurses or interns
residence or other housing or hotel facility used in whole or
in part for staff, employees or students and their families,
patients or relatives of patients admitted for treatment or
care in a health facility, or persons conducting business with
a health facility, physician's facility, surgicenter,
administration building, research facility, maintenance,
storage or utility facility and all structures or facilities
related to any of the foregoing or required or useful for the
operation of a health facility, including parking or other
facilities or other supporting service structures required or
useful for the orderly conduct of such health facility. "Health
facility" also means, with respect to a project located outside
the State, any public or private institution, place, building,
or agency which provides services similar to those described
above, provided that such project is owned, operated, leased or
managed by a participating health institution located within

HB2755 Engrossed - 280 - LRB099 08043 RPS 28187 b
the State, or a participating health institution affiliated
with an entity located within the State.
(k) The term "participating health institution" means (i) a
private corporation or association or (ii) a public entity of
this State, in either case authorized by the laws of this State
or the applicable state to provide or operate a health facility
as defined in this Act and which, pursuant to the provisions of
this Act, undertakes the financing, construction or
acquisition of a project or undertakes the refunding or
refinancing of obligations, loans, indebtedness or advances as
provided in this Act.
(l) The term "health facility project", means a specific
health facility work or improvement to be financed or
refinanced (including without limitation through reimbursement
of prior expenditures), acquired, constructed, enlarged,
remodeled, renovated, improved, furnished, or equipped, with
funds provided in whole or in part hereunder, any accounts
receivable, working capital, liability or insurance cost or
operating expense financing or refinancing program of a health
facility with or involving funds provided in whole or in part
hereunder, or any combination thereof.
(m) The term "bond resolution" means the resolution or
resolutions authorizing the issuance of, or providing terms and
conditions related to, bonds issued under this Act and
includes, where appropriate, any trust agreement, trust
indenture, indenture of mortgage or deed of trust providing

HB2755 Engrossed - 281 - LRB099 08043 RPS 28187 b
terms and conditions for such bonds.
(n) The term "property" means any real, personal or mixed
property, whether tangible or intangible, or any interest
therein, including, without limitation, any real estate,
leasehold interests, appurtenances, buildings, easements,
equipment, furnishings, furniture, improvements, machinery,
rights of way, structures, accounts, contract rights or any
interest therein.
(o) The term "revenues" means, with respect to any project,
the rents, fees, charges, interest, principal repayments,
collections and other income or profit derived therefrom.
(p) The term "higher education project" means, in the case
of a private institution of higher education, an educational
facility to be acquired, constructed, enlarged, remodeled,
renovated, improved, furnished, or equipped, or any
combination thereof.
(q) The term "cultural institution project" means, in the
case of a cultural institution, a cultural facility to be
acquired, constructed, enlarged, remodeled, renovated,
improved, furnished, or equipped, or any combination thereof.
(r) The term "educational facility" means any property
located within the State, or any property located outside the
State, provided that, if the property is located outside the
State, it must be owned, operated, leased or managed by an
entity located within the State or an entity affiliated with an
entity located within the State, in each case constructed or

HB2755 Engrossed - 282 - LRB099 08043 RPS 28187 b
acquired before or after the effective date of this Act, which
is or will be, in whole or in part, suitable for the
instruction, feeding, recreation or housing of students, the
conducting of research or other work of a private institution
of higher education, the use by a private institution of higher
education in connection with any educational, research or
related or incidental activities then being or to be conducted
by it, or any combination of the foregoing, including, without
limitation, any such property suitable for use as or in
connection with any one or more of the following: an academic
facility, administrative facility, agricultural facility,
assembly hall, athletic facility, auditorium, boating
facility, campus, communication facility, computer facility,
continuing education facility, classroom, dining hall,
dormitory, exhibition hall, fire fighting facility, fire
prevention facility, food service and preparation facility,
gymnasium, greenhouse, health care facility, hospital,
housing, instructional facility, laboratory, library,
maintenance facility, medical facility, museum, offices,
parking area, physical education facility, recreational
facility, research facility, stadium, storage facility,
student union, study facility, theatre or utility.
(s) The term "cultural facility" means any property located
within the State, or any property located outside the State,
provided that, if the property is located outside the State, it
must be owned, operated, leased or managed by an entity located

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within the State or an entity affiliated with an entity located
within the State, in each case constructed or acquired before
or after the effective date of this Act, which is or will be,
in whole or in part, suitable for the particular purposes or
needs of a cultural institution, including, without
limitation, any such property suitable for use as or in
connection with any one or more of the following: an
administrative facility, aquarium, assembly hall, auditorium,
botanical garden, exhibition hall, gallery, greenhouse,
library, museum, scientific laboratory, theater or zoological
facility, and shall also include, without limitation, books,
works of art or music, animal, plant or aquatic life or other
items for display, exhibition or performance. The term
"cultural facility" includes buildings on the National
Register of Historic Places which are owned or operated by
nonprofit entities.
(t) "Private institution of higher education" means a
not-for-profit educational institution which is not owned by
the State or any political subdivision, agency,
instrumentality, district or municipality thereof, which is
authorized by law to provide a program of education beyond the
high school level and which:
(1) Admits as regular students only individuals having
a certificate of graduation from a high school, or the
recognized equivalent of such a certificate;
(2) Provides an educational program for which it awards

HB2755 Engrossed - 284 - LRB099 08043 RPS 28187 b
a bachelor's degree, or provides an educational program,
admission into which is conditioned upon the prior
attainment of a bachelor's degree or its equivalent, for
which it awards a postgraduate degree, or provides not less
than a 2-year program which is acceptable for full credit
toward such a degree, or offers a 2-year program in
engineering, mathematics, or the physical or biological
sciences which is designed to prepare the student to work
as a technician and at a semiprofessional level in
engineering, scientific, or other technological fields
which require the understanding and application of basic
engineering, scientific, or mathematical principles or
knowledge;
(3) Is accredited by a nationally recognized
accrediting agency or association or, if not so accredited,
is an institution whose credits are accepted, on transfer,
by not less than 3 institutions which are so accredited,
for credit on the same basis as if transferred from an
institution so accredited, and holds an unrevoked
certificate of approval under the Private College Act from
the Board of Higher Education, or is qualified as a "degree
granting institution" under the Academic Degree Act; and
(4) Does not discriminate in the admission of students
on the basis of race or color. "Private institution of
higher education" also includes any "academic
institution".

HB2755 Engrossed - 285 - LRB099 08043 RPS 28187 b
(u) The term "academic institution" means any
not-for-profit institution which is not owned by the State or
any political subdivision, agency, instrumentality, district
or municipality thereof, which institution engages in, or
facilitates academic, scientific, educational or professional
research or learning in a field or fields of study taught at a
private institution of higher education. Academic institutions
include, without limitation, libraries, archives, academic,
scientific, educational or professional societies,
institutions, associations or foundations having such
purposes.
(v) The term "cultural institution" means any
not-for-profit institution which is not owned by the State or
any political subdivision, agency, instrumentality, district
or municipality thereof, which institution engages in the
cultural, intellectual, scientific, educational or artistic
enrichment of the people of the State. Cultural institutions
include, without limitation, aquaria, botanical societies,
historical societies, libraries, museums, performing arts
associations or societies, scientific societies and zoological
societies.
(w) The term "affiliate" means, with respect to financing
of an agricultural facility or an agribusiness, any lender, any
person, firm or corporation controlled by, or under common
control with, such lender, and any person, firm or corporation
controlling such lender.

HB2755 Engrossed - 286 - LRB099 08043 RPS 28187 b
(x) The term "agricultural facility" means land, any
building or other improvement thereon or thereto, and any
personal properties deemed necessary or suitable for use,
whether or not now in existence, in farming, ranching, the
production of agricultural commodities (including, without
limitation, the products of aquaculture, hydroponics and
silviculture) or the treating, processing or storing of such
agricultural commodities when such activities are customarily
engaged in by farmers as a part of farming and which land,
building, improvement or personal property is located within
the State, or is located outside the State, provided that, if
such property is located outside the State, it must be owned,
operated, leased, or managed by an entity located within the
State or an entity affiliated with an entity located within the
State.
(y) The term "lender" with respect to financing of an
agricultural facility or an agribusiness, means any federal or
State chartered bank, Federal Land Bank, Production Credit
Association, Bank for Cooperatives, federal or State chartered
savings and loan association or building and loan association,
Small Business Investment Company or any other institution
qualified within this State to originate and service loans,
including, but without limitation to, insurance companies,
credit unions and mortgage loan companies. "Lender" also means
a wholly owned subsidiary of a manufacturer, seller or
distributor of goods or services that makes loans to businesses

HB2755 Engrossed - 287 - LRB099 08043 RPS 28187 b
or individuals, commonly known as a "captive finance company".
(z) The term "agribusiness" means any sole proprietorship,
limited partnership, co-partnership, joint venture,
corporation or cooperative which operates or will operate a
facility located within the State or outside the State,
provided that, if any facility is located outside the State, it
must be owned, operated, leased, or managed by an entity
located within the State or an entity affiliated with an entity
located within the State, that is related to the processing of
agricultural commodities (including, without limitation, the
products of aquaculture, hydroponics and silviculture) or the
manufacturing, production or construction of agricultural
buildings, structures, equipment, implements, and supplies, or
any other facilities or processes used in agricultural
production. Agribusiness includes but is not limited to the
following:
(1) grain handling and processing, including grain
storage, drying, treatment, conditioning, mailing and
packaging;
(2) seed and feed grain development and processing;
(3) fruit and vegetable processing, including
preparation, canning and packaging;
(4) processing of livestock and livestock products,
dairy products, poultry and poultry products, fish or
apiarian products, including slaughter, shearing,
collecting, preparation, canning and packaging;

HB2755 Engrossed - 288 - LRB099 08043 RPS 28187 b
(5) fertilizer and agricultural chemical
manufacturing, processing, application and supplying;
(6) farm machinery, equipment and implement
manufacturing and supplying;
(7) manufacturing and supplying of agricultural
commodity processing machinery and equipment, including
machinery and equipment used in slaughter, treatment,
handling, collecting, preparation, canning or packaging of
agricultural commodities;
(8) farm building and farm structure manufacturing,
construction and supplying;
(9) construction, manufacturing, implementation,
supplying or servicing of irrigation, drainage and soil and
water conservation devices or equipment;
(10) fuel processing and development facilities that
produce fuel from agricultural commodities or byproducts;
(11) facilities and equipment for processing and
packaging agricultural commodities specifically for
export;
(12) facilities and equipment for forestry product
processing and supplying, including sawmilling operations,
wood chip operations, timber harvesting operations, and
manufacturing of prefabricated buildings, paper, furniture
or other goods from forestry products;
(13) facilities and equipment for research and
development of products, processes and equipment for the

HB2755 Engrossed - 289 - LRB099 08043 RPS 28187 b
production, processing, preparation or packaging of
agricultural commodities and byproducts.
(aa) The term "asset" with respect to financing of any
agricultural facility or any agribusiness, means, but is not
limited to the following: cash crops or feed on hand; livestock
held for sale; breeding stock; marketable bonds and securities;
securities not readily marketable; accounts receivable; notes
receivable; cash invested in growing crops; net cash value of
life insurance; machinery and equipment; cars and trucks; farm
and other real estate including life estates and personal
residence; value of beneficial interests in trusts; government
payments or grants; and any other assets.
(bb) The term "liability" with respect to financing of any
agricultural facility or any agribusiness shall include, but
not be limited to the following: accounts payable; notes or
other indebtedness owed to any source; taxes; rent; amounts
owed on real estate contracts or real estate mortgages;
judgments; accrued interest payable; and any other liability.
(cc) The term "Predecessor Authorities" means those
authorities as described in Section 845-75.
(dd) The term "housing project" means a specific work or
improvement located within the State or outside the State and
undertaken to provide residential dwelling accommodations,
including the acquisition, construction or rehabilitation of
lands, buildings and community facilities and in connection
therewith to provide nonhousing facilities which are part of

HB2755 Engrossed - 290 - LRB099 08043 RPS 28187 b
the housing project, including land, buildings, improvements,
equipment and all ancillary facilities for use for offices,
stores, retirement homes, hotels, financial institutions,
service, health care, education, recreation or research
establishments, or any other commercial purpose which are or
are to be related to a housing development, provided that any
work or improvement located outside the State is owned,
operated, leased or managed by an entity located within the
State, or any entity affiliated with an entity located within
the State.
(ee) The term "conservation project" means any project
including the acquisition, construction, rehabilitation,
maintenance, operation, or upgrade that is intended to create
or expand open space or to reduce energy usage through
efficiency measures. For the purpose of this definition, "open
space" has the definition set forth under Section 10 of the
Illinois Open Land Trust Act.
(ff) The term "significant presence" means the existence
within the State of the national or regional headquarters of an
entity or group or such other facility of an entity or group of
entities where a significant amount of the business functions
are performed for such entity or group of entities.
(gg) The term "municipal bond issuer" means the State or
any other state or commonwealth of the United States, or any
unit of local government, school district, agency or
instrumentality, office, department, division, bureau,

HB2755 Engrossed - 291 - LRB099 08043 RPS 28187 b
commission, college or university thereof located in the State
or any other state or commonwealth of the United States.
(hh) The term "municipal bond program project" means a
program for the funding of the purchase of bonds, notes or
other obligations issued by or on behalf of a municipal bond
issuer.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-90, eff. 7-15-13; 98-104, eff. 7-22-13;
98-756, eff. 7-16-14.)
Section 35. The Illinois Health Facilities Planning Act is
amended by changing Sections 3, 12, 13, and 14.1 as follows:
(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
(Section scheduled to be repealed on December 31, 2019)
Sec. 3. Definitions. As used in this Act:
"Health care facilities" means and includes the following
facilities, organizations, and related persons:
(1) An ambulatory surgical treatment center required
to be licensed pursuant to the Ambulatory Surgical
Treatment Center Act.
(2) An institution, place, building, or agency
required to be licensed pursuant to the Hospital Licensing
Act.
(3) Skilled and intermediate long term care facilities
licensed under the Nursing Home Care Act.

HB2755 Engrossed - 292 - LRB099 08043 RPS 28187 b
(A) If a demonstration project under the Nursing
Home Care Act applies for a certificate of need to
convert to a nursing facility, it shall meet the
licensure and certificate of need requirements in
effect as of the date of application.
(B) Except as provided in item (A) of this
subsection, this Act does not apply to facilities
granted waivers under Section 3-102.2 of the Nursing
Home Care Act.
(3.5) Skilled and intermediate care facilities
licensed under the ID/DD Community Care Act. (A) No permit
or exemption is required for a facility licensed under the
ID/DD Community Care Act prior to the reduction of the
number of beds at a facility. If there is a total reduction
of beds at a facility licensed under the ID/DD Community
Care Act, this is a discontinuation or closure of the
facility. If a facility licensed under the ID/DD Community
Care Act reduces the number of beds or discontinues the
facility, that facility must notify the Board as provided
in Section 14.1 of this Act.
(3.6) Skilled and intermediate care facilities
licensed under the MC/DD Act. No permit or exemption is
required for a facility licensed under the MC/DD Act prior
to the reduction of the number of beds at a facility. If
there is a total reduction of beds at a facility licensed
under the MC/DD Act, this is a discontinuation or closure

HB2755 Engrossed - 293 - LRB099 08043 RPS 28187 b
of the facility. If a facility licensed under the MC/DD Act
reduces the number of beds or discontinues the facility,
that facility must notify the Board as provided in Section
14.1 of this Act.
(3.7) Facilities licensed under the Specialized Mental
Health Rehabilitation Act of 2013.
(4) Hospitals, nursing homes, ambulatory surgical
treatment centers, or kidney disease treatment centers
maintained by the State or any department or agency
thereof.
(5) Kidney disease treatment centers, including a
free-standing hemodialysis unit required to be licensed
under the End Stage Renal Disease Facility Act.
(A) This Act does not apply to a dialysis facility
that provides only dialysis training, support, and
related services to individuals with end stage renal
disease who have elected to receive home dialysis.
(B) This Act does not apply to a dialysis unit
located in a licensed nursing home that offers or
provides dialysis-related services to residents with
end stage renal disease who have elected to receive
home dialysis within the nursing home.
(C) The Board, however, may require dialysis
facilities and licensed nursing homes under items (A)
and (B) of this subsection to report statistical
information on a quarterly basis to the Board to be

HB2755 Engrossed - 294 - LRB099 08043 RPS 28187 b
used by the Board to conduct analyses on the need for
proposed kidney disease treatment centers.
(6) An institution, place, building, or room used for
the performance of outpatient surgical procedures that is
leased, owned, or operated by or on behalf of an
out-of-state facility.
(7) An institution, place, building, or room used for
provision of a health care category of service, including,
but not limited to, cardiac catheterization and open heart
surgery.
(8) An institution, place, building, or room housing
major medical equipment used in the direct clinical
diagnosis or treatment of patients, and whose project cost
is in excess of the capital expenditure minimum.
"Health care facilities" does not include the following
entities or facility transactions:
(1) Federally-owned facilities.
(2) Facilities used solely for healing by prayer or
spiritual means.
(3) An existing facility located on any campus facility
as defined in Section 5-5.8b of the Illinois Public Aid
Code, provided that the campus facility encompasses 30 or
more contiguous acres and that the new or renovated
facility is intended for use by a licensed residential
facility.
(4) Facilities licensed under the Supportive

HB2755 Engrossed - 295 - LRB099 08043 RPS 28187 b
Residences Licensing Act or the Assisted Living and Shared
Housing Act.
(5) Facilities designated as supportive living
facilities that are in good standing with the program
established under Section 5-5.01a of the Illinois Public
Aid Code.
(6) Facilities established and operating under the
Alternative Health Care Delivery Act as a children's
community-based health care center children's respite care
center alternative health care model demonstration program
or as an Alzheimer's Disease Management Center alternative
health care model demonstration program.
(7) The closure of an entity or a portion of an entity
licensed under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the ID/DD
Community Care Act, or the MC/DD Act, with the exception of
facilities operated by a county or Illinois Veterans Homes,
that elect to convert, in whole or in part, to an assisted
living or shared housing establishment licensed under the
Assisted Living and Shared Housing Act and with the
exception of a facility licensed under the Specialized
Mental Health Rehabilitation Act of 2013 in connection with
a proposal to close a facility and re-establish the
facility in another location.
(8) Any change of ownership of a health care healthcare
facility that is licensed under the Nursing Home Care Act,

HB2755 Engrossed - 296 - LRB099 08043 RPS 28187 b
the Specialized Mental Health Rehabilitation Act of 2013,
or the ID/DD Community Care Act, or the MC/DD Act, with the
exception of facilities operated by a county or Illinois
Veterans Homes. Changes of ownership of facilities
licensed under the Nursing Home Care Act must meet the
requirements set forth in Sections 3-101 through 3-119 of
the Nursing Home Care Act. children's community-based
health care center of 2013 and with the exception of a
facility licensed under the Specialized Mental Health
Rehabilitation Act of 2013 in connection with a proposal to
close a facility and re-establish the facility in another
location of 2013
With the exception of those health care facilities
specifically included in this Section, nothing in this Act
shall be intended to include facilities operated as a part of
the practice of a physician or other licensed health care
professional, whether practicing in his individual capacity or
within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to
physicians or other licensed health care professional's
practices where such practices are carried out in a portion of
a health care facility under contract with such health care
facility by a physician or by other licensed health care
professionals, whether practicing in his individual capacity
or within the legal structure of any partnership, medical or

HB2755 Engrossed - 297 - LRB099 08043 RPS 28187 b
professional corporation, or unincorporated medical or
professional groups, unless the entity constructs, modifies,
or establishes a health care facility as specifically defined
in this Section. This Act shall apply to construction or
modification and to establishment by such health care facility
of such contracted portion which is subject to facility
licensing requirements, irrespective of the party responsible
for such action or attendant financial obligation.
"Person" means any one or more natural persons, legal
entities, governmental bodies other than federal, or any
combination thereof.
"Consumer" means any person other than a person (a) whose
major occupation currently involves or whose official capacity
within the last 12 months has involved the providing,
administering or financing of any type of health care facility,
(b) who is engaged in health research or the teaching of
health, (c) who has a material financial interest in any
activity which involves the providing, administering or
financing of any type of health care facility, or (d) who is or
ever has been a member of the immediate family of the person
defined by (a), (b), or (c).
"State Board" or "Board" means the Health Facilities and
Services Review Board.
"Construction or modification" means the establishment,
erection, building, alteration, reconstruction, modernization,
improvement, extension, discontinuation, change of ownership,

HB2755 Engrossed - 298 - LRB099 08043 RPS 28187 b
of or by a health care facility, or the purchase or acquisition
by or through a health care facility of equipment or service
for diagnostic or therapeutic purposes or for facility
administration or operation, or any capital expenditure made by
or on behalf of a health care facility which exceeds the
capital expenditure minimum; however, any capital expenditure
made by or on behalf of a health care facility for (i) the
construction or modification of a facility licensed under the
Assisted Living and Shared Housing Act or (ii) a conversion
project undertaken in accordance with Section 30 of the Older
Adult Services Act shall be excluded from any obligations under
this Act.
"Establish" means the construction of a health care
facility or the replacement of an existing facility on another
site or the initiation of a category of service.
"Major medical equipment" means medical equipment which is
used for the provision of medical and other health services and
which costs in excess of the capital expenditure minimum,
except that such term does not include medical equipment
acquired by or on behalf of a clinical laboratory to provide
clinical laboratory services if the clinical laboratory is
independent of a physician's office and a hospital and it has
been determined under Title XVIII of the Social Security Act to
meet the requirements of paragraphs (10) and (11) of Section
1861(s) of such Act. In determining whether medical equipment
has a value in excess of the capital expenditure minimum, the

HB2755 Engrossed - 299 - LRB099 08043 RPS 28187 b
value of studies, surveys, designs, plans, working drawings,
specifications, and other activities essential to the
acquisition of such equipment shall be included.
"Capital Expenditure" means an expenditure: (A) made by or
on behalf of a health care facility (as such a facility is
defined in this Act); and (B) which under generally accepted
accounting principles is not properly chargeable as an expense
of operation and maintenance, or is made to obtain by lease or
comparable arrangement any facility or part thereof or any
equipment for a facility or part; and which exceeds the capital
expenditure minimum.
For the purpose of this paragraph, the cost of any studies,
surveys, designs, plans, working drawings, specifications, and
other activities essential to the acquisition, improvement,
expansion, or replacement of any plant or equipment with
respect to which an expenditure is made shall be included in
determining if such expenditure exceeds the capital
expenditures minimum. Unless otherwise interdependent, or
submitted as one project by the applicant, components of
construction or modification undertaken by means of a single
construction contract or financed through the issuance of a
single debt instrument shall not be grouped together as one
project. Donations of equipment or facilities to a health care
facility which if acquired directly by such facility would be
subject to review under this Act shall be considered capital
expenditures, and a transfer of equipment or facilities for

HB2755 Engrossed - 300 - LRB099 08043 RPS 28187 b
less than fair market value shall be considered a capital
expenditure for purposes of this Act if a transfer of the
equipment or facilities at fair market value would be subject
to review.
"Capital expenditure minimum" means $11,500,000 for
projects by hospital applicants, $6,500,000 for applicants for
projects related to skilled and intermediate care long-term
care facilities licensed under the Nursing Home Care Act, and
$3,000,000 for projects by all other applicants, which shall be
annually adjusted to reflect the increase in construction costs
due to inflation, for major medical equipment and for all other
capital expenditures.
"Non-clinical service area" means an area (i) for the
benefit of the patients, visitors, staff, or employees of a
health care facility and (ii) not directly related to the
diagnosis, treatment, or rehabilitation of persons receiving
services from the health care facility. "Non-clinical service
areas" include, but are not limited to, chapels; gift shops;
news stands; computer systems; tunnels, walkways, and
elevators; telephone systems; projects to comply with life
safety codes; educational facilities; student housing;
patient, employee, staff, and visitor dining areas;
administration and volunteer offices; modernization of
structural components (such as roof replacement and masonry
work); boiler repair or replacement; vehicle maintenance and
storage facilities; parking facilities; mechanical systems for

HB2755 Engrossed - 301 - LRB099 08043 RPS 28187 b
heating, ventilation, and air conditioning; loading docks; and
repair or replacement of carpeting, tile, wall coverings,
window coverings or treatments, or furniture. Solely for the
purpose of this definition, "non-clinical service area" does
not include health and fitness centers.
"Areawide" means a major area of the State delineated on a
geographic, demographic, and functional basis for health
planning and for health service and having within it one or
more local areas for health planning and health service. The
term "region", as contrasted with the term "subregion", and the
word "area" may be used synonymously with the term "areawide".
"Local" means a subarea of a delineated major area that on
a geographic, demographic, and functional basis may be
considered to be part of such major area. The term "subregion"
may be used synonymously with the term "local".
"Physician" means a person licensed to practice in
accordance with the Medical Practice Act of 1987, as amended.
"Licensed health care professional" means a person
licensed to practice a health profession under pertinent
licensing statutes of the State of Illinois.
"Director" means the Director of the Illinois Department of
Public Health.
"Agency" means the Illinois Department of Public Health.
"Alternative health care model" means a facility or program
authorized under the Alternative Health Care Delivery Act.
"Out-of-state facility" means a person that is both (i)

HB2755 Engrossed - 302 - LRB099 08043 RPS 28187 b
licensed as a hospital or as an ambulatory surgery center under
the laws of another state or that qualifies as a hospital or an
ambulatory surgery center under regulations adopted pursuant
to the Social Security Act and (ii) not licensed under the
Ambulatory Surgical Treatment Center Act, the Hospital
Licensing Act, or the Nursing Home Care Act. Affiliates of
out-of-state facilities shall be considered out-of-state
facilities. Affiliates of Illinois licensed health care
facilities 100% owned by an Illinois licensed health care
facility, its parent, or Illinois physicians licensed to
practice medicine in all its branches shall not be considered
out-of-state facilities. Nothing in this definition shall be
construed to include an office or any part of an office of a
physician licensed to practice medicine in all its branches in
Illinois that is not required to be licensed under the
Ambulatory Surgical Treatment Center Act.
"Change of ownership of a health care facility" means a
change in the person who has ownership or control of a health
care facility's physical plant and capital assets. A change in
ownership is indicated by the following transactions: sale,
transfer, acquisition, lease, change of sponsorship, or other
means of transferring control.
"Related person" means any person that: (i) is at least 50%
owned, directly or indirectly, by either the health care
facility or a person owning, directly or indirectly, at least
50% of the health care facility; or (ii) owns, directly or

HB2755 Engrossed - 303 - LRB099 08043 RPS 28187 b
indirectly, at least 50% of the health care facility.
"Charity care" means care provided by a health care
facility for which the provider does not expect to receive
payment from the patient or a third-party payer.
"Freestanding emergency center" means a facility subject
to licensure under Section 32.5 of the Emergency Medical
Services (EMS) Systems Act.
"Category of service" means a grouping by generic class of
various types or levels of support functions, equipment, care,
or treatment provided to patients or residents, including, but
not limited to, classes such as medical-surgical, pediatrics,
or cardiac catheterization. A category of service may include
subcategories or levels of care that identify a particular
degree or type of care within the category of service. Nothing
in this definition shall be construed to include the practice
of a physician or other licensed health care professional while
functioning in an office providing for the care, diagnosis, or
treatment of patients. A category of service that is subject to
the Board's jurisdiction must be designated in rules adopted by
the Board.
"State Board Staff Report" means the document that sets
forth the review and findings of the State Board staff, as
prescribed by the State Board, regarding applications subject
to Board jurisdiction.
(Source: P.A. 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-980, eff. 8-17-12; 98-414, eff. 1-1-14;

HB2755 Engrossed - 304 - LRB099 08043 RPS 28187 b
98-629, eff. 1-1-15; 98-651, eff. 6-16-14; 98-1086, eff.
8-26-14; revised 10-22-14.)
(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
(Section scheduled to be repealed on December 31, 2019)
Sec. 12. Powers and duties of State Board. For purposes of
this Act, the State Board shall exercise the following powers
and duties:
(1) Prescribe rules, regulations, standards, criteria,
procedures or reviews which may vary according to the purpose
for which a particular review is being conducted or the type of
project reviewed and which are required to carry out the
provisions and purposes of this Act. Policies and procedures of
the State Board shall take into consideration the priorities
and needs of medically underserved areas and other health care
services identified through the comprehensive health planning
process, giving special consideration to the impact of projects
on access to safety net services.
(2) Adopt procedures for public notice and hearing on all
proposed rules, regulations, standards, criteria, and plans
required to carry out the provisions of this Act.
(3) (Blank).
(4) Develop criteria and standards for health care
facilities planning, conduct statewide inventories of health
care facilities, maintain an updated inventory on the Board's
web site reflecting the most recent bed and service changes and

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updated need determinations when new census data become
available or new need formulae are adopted, and develop health
care facility plans which shall be utilized in the review of
applications for permit under this Act. Such health facility
plans shall be coordinated by the Board with pertinent State
Plans. Inventories pursuant to this Section of skilled or
intermediate care facilities licensed under the Nursing Home
Care Act, skilled or intermediate care facilities licensed
under the ID/DD Community Care Act, skilled or intermediate
care facilities licensed under the MC/DD Act, facilities
licensed under the Specialized Mental Health Rehabilitation
Act of 2013, or nursing homes licensed under the Hospital
Licensing Act shall be conducted on an annual basis no later
than July 1 of each year and shall include among the
information requested a list of all services provided by a
facility to its residents and to the community at large and
differentiate between active and inactive beds.
In developing health care facility plans, the State Board
shall consider, but shall not be limited to, the following:
(a) The size, composition and growth of the population
of the area to be served;
(b) The number of existing and planned facilities
offering similar programs;
(c) The extent of utilization of existing facilities;
(d) The availability of facilities which may serve as
alternatives or substitutes;

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(e) The availability of personnel necessary to the
operation of the facility;
(f) Multi-institutional planning and the establishment
of multi-institutional systems where feasible;
(g) The financial and economic feasibility of proposed
construction or modification; and
(h) In the case of health care facilities established
by a religious body or denomination, the needs of the
members of such religious body or denomination may be
considered to be public need.
The health care facility plans which are developed and
adopted in accordance with this Section shall form the basis
for the plan of the State to deal most effectively with
statewide health needs in regard to health care facilities.
(5) Coordinate with the Center for Comprehensive Health
Planning and other state agencies having responsibilities
affecting health care facilities, including those of licensure
and cost reporting. Beginning no later than January 1, 2013,
the Department of Public Health shall produce a written annual
report to the Governor and the General Assembly regarding the
development of the Center for Comprehensive Health Planning.
The Chairman of the State Board and the State Board
Administrator shall also receive a copy of the annual report.
(6) Solicit, accept, hold and administer on behalf of the
State any grants or bequests of money, securities or property
for use by the State Board or Center for Comprehensive Health

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Planning in the administration of this Act; and enter into
contracts consistent with the appropriations for purposes
enumerated in this Act.
(7) The State Board shall prescribe procedures for review,
standards, and criteria which shall be utilized to make
periodic reviews and determinations of the appropriateness of
any existing health services being rendered by health care
facilities subject to the Act. The State Board shall consider
recommendations of the Board in making its determinations.
(8) Prescribe, in consultation with the Center for
Comprehensive Health Planning, rules, regulations, standards,
and criteria for the conduct of an expeditious review of
applications for permits for projects of construction or
modification of a health care facility, which projects are
classified as emergency, substantive, or non-substantive in
nature.
Six months after June 30, 2009 (the effective date of
Public Act 96-31), substantive projects shall include no more
than the following:
(a) Projects to construct (1) a new or replacement
facility located on a new site or (2) a replacement
facility located on the same site as the original facility
and the cost of the replacement facility exceeds the
capital expenditure minimum, which shall be reviewed by the
Board within 120 days;
(b) Projects proposing a (1) new service within an

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existing healthcare facility or (2) discontinuation of a
service within an existing healthcare facility, which
shall be reviewed by the Board within 60 days; or
(c) Projects proposing a change in the bed capacity of
a health care facility by an increase in the total number
of beds or by a redistribution of beds among various
categories of service or by a relocation of beds from one
physical facility or site to another by more than 20 beds
or more than 10% of total bed capacity, as defined by the
State Board, whichever is less, over a 2-year period.
The Chairman may approve applications for exemption that
meet the criteria set forth in rules or refer them to the full
Board. The Chairman may approve any unopposed application that
meets all of the review criteria or refer them to the full
Board.
Such rules shall not abridge the right of the Center for
Comprehensive Health Planning to make recommendations on the
classification and approval of projects, nor shall such rules
prevent the conduct of a public hearing upon the timely request
of an interested party. Such reviews shall not exceed 60 days
from the date the application is declared to be complete.
(9) Prescribe rules, regulations, standards, and criteria
pertaining to the granting of permits for construction and
modifications which are emergent in nature and must be
undertaken immediately to prevent or correct structural
deficiencies or hazardous conditions that may harm or injure

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persons using the facility, as defined in the rules and
regulations of the State Board. This procedure is exempt from
public hearing requirements of this Act.
(10) Prescribe rules, regulations, standards and criteria
for the conduct of an expeditious review, not exceeding 60
days, of applications for permits for projects to construct or
modify health care facilities which are needed for the care and
treatment of persons who have acquired immunodeficiency
syndrome (AIDS) or related conditions.
(11) Issue written decisions upon request of the applicant
or an adversely affected party to the Board. Requests for a
written decision shall be made within 15 days after the Board
meeting in which a final decision has been made. A "final
decision" for purposes of this Act is the decision to approve
or deny an application, or take other actions permitted under
this Act, at the time and date of the meeting that such action
is scheduled by the Board. State Board members shall provide
their rationale when voting on an item before the State Board
at a State Board meeting in order to comply with subsection (b)
of Section 3-108 of the Administrative Review Law of the Code
of Civil Procedure. The transcript of the State Board meeting
shall be incorporated into the Board's final decision. The
staff of the Board shall prepare a written copy of the final
decision and the Board shall approve a final copy for inclusion
in the formal record. The Board shall consider, for approval,
the written draft of the final decision no later than the next

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scheduled Board meeting. The written decision shall identify
the applicable criteria and factors listed in this Act and the
Board's regulations that were taken into consideration by the
Board when coming to a final decision. If the Board denies or
fails to approve an application for permit or exemption, the
Board shall include in the final decision a detailed
explanation as to why the application was denied and identify
what specific criteria or standards the applicant did not
fulfill.
(12) Require at least one of its members to participate in
any public hearing, after the appointment of a majority of the
members to the Board.
(13) Provide a mechanism for the public to comment on, and
request changes to, draft rules and standards.
(14) Implement public information campaigns to regularly
inform the general public about the opportunity for public
hearings and public hearing procedures.
(15) Establish a separate set of rules and guidelines for
long-term care that recognizes that nursing homes are a
different business line and service model from other regulated
facilities. An open and transparent process shall be developed
that considers the following: how skilled nursing fits in the
continuum of care with other care providers, modernization of
nursing homes, establishment of more private rooms,
development of alternative services, and current trends in
long-term care services. The Chairman of the Board shall

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appoint a permanent Health Services Review Board Long-term Care
Facility Advisory Subcommittee that shall develop and
recommend to the Board the rules to be established by the Board
under this paragraph (15). The Subcommittee shall also provide
continuous review and commentary on policies and procedures
relative to long-term care and the review of related projects.
In consultation with other experts from the health field of
long-term care, the Board and the Subcommittee shall study new
approaches to the current bed need formula and Health Service
Area boundaries to encourage flexibility and innovation in
design models reflective of the changing long-term care
marketplace and consumer preferences. The Subcommittee shall
evaluate, and make recommendations to the State Board
regarding, the buying, selling, and exchange of beds between
long-term care facilities within a specified geographic area or
drive time. The Board shall file the proposed related
administrative rules for the separate rules and guidelines for
long-term care required by this paragraph (15) by no later than
September 30, 2011. The Subcommittee shall be provided a
reasonable and timely opportunity to review and comment on any
review, revision, or updating of the criteria, standards,
procedures, and rules used to evaluate project applications as
provided under Section 12.3 of this Act.
(16) Prescribe and provide forms pertaining to the State
Board Staff Report. A State Board Staff Report shall pertain to
applications that include, but are not limited to, applications

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for permit or exemption, applications for permit renewal,
applications for extension of the obligation period,
applications requesting a declaratory ruling, or applications
under the Health Care Worker Self-Referral Self Referral Act.
State Board Staff Reports shall compare applications to the
relevant review criteria under the Board's rules.
(17) (16) Establish a separate set of rules and guidelines
for facilities licensed under the Specialized Mental Health
Rehabilitation Act of 2013. An application for the
re-establishment of a facility in connection with the
relocation of the facility shall not be granted unless the
applicant has a contractual relationship with at least one
hospital to provide emergency and inpatient mental health
services required by facility consumers, and at least one
community mental health agency to provide oversight and
assistance to facility consumers while living in the facility,
and appropriate services, including case management, to assist
them to prepare for discharge and reside stably in the
community thereafter. No new facilities licensed under the
Specialized Mental Health Rehabilitation Act of 2013 shall be
established after June 16, 2014 (the effective date of Public
Act 98-651) this amendatory Act of the 98th General Assembly
except in connection with the relocation of an existing
facility to a new location. An application for a new location
shall not be approved unless there are adequate community
services accessible to the consumers within a reasonable

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distance, or by use of public transportation, so as to
facilitate the goal of achieving maximum individual self-care
and independence. At no time shall the total number of
authorized beds under this Act in facilities licensed under the
Specialized Mental Health Rehabilitation Act of 2013 exceed the
number of authorized beds on June 16, 2014 (the effective date
of Public Act 98-651) this amendatory Act of the 98th General
Assembly.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12;
98-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff.
6-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)
(20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
(Section scheduled to be repealed on December 31, 2019)
Sec. 13. Investigation of applications for permits and
certificates of recognition. The State Board shall make or
cause to be made such investigations as it deems necessary in
connection with an application for a permit or an application
for a certificate of recognition, or in connection with a
determination of whether or not construction or modification
which has been commenced is in accord with the permit issued by
the State Board or whether construction or modification has
been commenced without a permit having been obtained. The State
Board may issue subpoenas duces tecum requiring the production
of records and may administer oaths to such witnesses.

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Any circuit court of this State, upon the application of
the State Board or upon the application of any party to such
proceedings, may, in its discretion, compel the attendance of
witnesses, the production of books, papers, records, or
memoranda and the giving of testimony before the State Board,
by a proceeding as for contempt, or otherwise, in the same
manner as production of evidence may be compelled before the
court.
The State Board shall require all health facilities
operating in this State to provide such reasonable reports at
such times and containing such information as is needed by it
to carry out the purposes and provisions of this Act. Prior to
collecting information from health facilities, the State Board
shall make reasonable efforts through a public process to
consult with health facilities and associations that represent
them to determine whether data and information requests will
result in useful information for health planning, whether
sufficient information is available from other sources, and
whether data requested is routinely collected by health
facilities and is available without retrospective record
review. Data and information requests shall not impose undue
paperwork burdens on health care facilities and personnel.
Health facilities not complying with this requirement shall be
reported to licensing, accrediting, certifying, or payment
agencies as being in violation of State law. Health care
facilities and other parties at interest shall have reasonable

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access, under rules established by the State Board, to all
planning information submitted in accord with this Act
pertaining to their area.
Among the reports to be required by the State Board are
facility questionnaires for health care facilities licensed
under the Ambulatory Surgical Treatment Center Act, the
Hospital Licensing Act, the Nursing Home Care Act, the ID/DD
Community Care Act, the MC/DD Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the End Stage Renal
Disease Facility Act. These questionnaires shall be conducted
on an annual basis and compiled by the State Board. For health
care facilities licensed under the Nursing Home Care Act or the
Specialized Mental Health Rehabilitation Act of 2013, these
reports shall include, but not be limited to, the
identification of specialty services provided by the facility
to patients, residents, and the community at large. Annual
reports for facilities licensed under the ID/DD Community Care
Act and facilities licensed under the MC/DD Act shall be
different from the annual reports required of other health care
facilities and shall be specific to those facilities licensed
under the ID/DD Community Care Act or the MC/DD Act. The Health
Facilities and Services Review Board shall consult with
associations representing facilities licensed under the ID/DD
Community Care Act and associations representing facilities
licensed under the MC/DD Act when developing the information
requested in these annual reports. For health care facilities

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that contain long term care beds, the reports shall also
include the number of staffed long term care beds, physical
capacity for long term care beds at the facility, and long term
care beds available for immediate occupancy. For purposes of
this paragraph, "long term care beds" means beds (i) licensed
under the Nursing Home Care Act, (ii) licensed under the ID/DD
Community Care Act, (iii) licensed under the MC/DD Act, (iv)
(iii) licensed under the Hospital Licensing Act, or (v) (iv)
licensed under the Specialized Mental Health Rehabilitation
Act of 2013 and certified as skilled nursing or nursing
facility beds under Medicaid or Medicare.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-980, eff. 8-17-12; 98-1086, eff. 8-26-14.)
(20 ILCS 3960/14.1)
Sec. 14.1. Denial of permit; other sanctions.
(a) The State Board may deny an application for a permit or
may revoke or take other action as permitted by this Act with
regard to a permit as the State Board deems appropriate,
including the imposition of fines as set forth in this Section,
for any one or a combination of the following:
(1) The acquisition of major medical equipment without
a permit or in violation of the terms of a permit.
(2) The establishment, construction, or modification
of a health care facility without a permit or in violation
of the terms of a permit.

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(3) The violation of any provision of this Act or any
rule adopted under this Act.
(4) The failure, by any person subject to this Act, to
provide information requested by the State Board or Agency
within 30 days after a formal written request for the
information.
(5) The failure to pay any fine imposed under this
Section within 30 days of its imposition.
(a-5) For facilities licensed under the ID/DD Community
Care Act, no permit shall be denied on the basis of prior
operator history, other than for actions specified under item
(2), (4), or (5) of Section 3-117 of the ID/DD Community Care
Act. For facilities licensed under the MC/DD Act, no permit
shall be denied on the basis of prior operator history, other
than for actions specified under item (2), (4), or (5) of
Section 3-117 of the MC/DD Act. For facilities licensed under
the Specialized Mental Health Rehabilitation Act of 2013, no
permit shall be denied on the basis of prior operator history,
other than for actions specified under item (2), (4), or (5) of
Section 3-117 of the Specialized Mental Health Rehabilitation
Act of 2013. For facilities licensed under the Nursing Home
Care Act, no permit shall be denied on the basis of prior
operator history, other than for: (i) actions specified under
item (2), (3), (4), (5), or (6) of Section 3-117 of the Nursing
Home Care Act; (ii) actions specified under item (a)(6) of
Section 3-119 of the Nursing Home Care Act; or (iii) actions

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within the preceding 5 years constituting a substantial and
repeated failure to comply with the Nursing Home Care Act or
the rules and regulations adopted by the Department under that
Act. The State Board shall not deny a permit on account of any
action described in this subsection (a-5) without also
considering all such actions in the light of all relevant
information available to the State Board, including whether the
permit is sought to substantially comply with a mandatory or
voluntary plan of correction associated with any action
described in this subsection (a-5).
(b) Persons shall be subject to fines as follows:
(1) A permit holder who fails to comply with the
requirements of maintaining a valid permit shall be fined
an amount not to exceed 1% of the approved permit amount
plus an additional 1% of the approved permit amount for
each 30-day period, or fraction thereof, that the violation
continues.
(2) A permit holder who alters the scope of an approved
project or whose project costs exceed the allowable permit
amount without first obtaining approval from the State
Board shall be fined an amount not to exceed the sum of (i)
the lesser of $25,000 or 2% of the approved permit amount
and (ii) in those cases where the approved permit amount is
exceeded by more than $1,000,000, an additional $20,000 for
each $1,000,000, or fraction thereof, in excess of the
approved permit amount.

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(2.5) A permit holder who fails to comply with the
post-permit and reporting requirements set forth in
Section 5 shall be fined an amount not to exceed $10,000
plus an additional $10,000 for each 30-day period, or
fraction thereof, that the violation continues. This fine
shall continue to accrue until the date that (i) the
post-permit requirements are met and the post-permit
reports are received by the State Board or (ii) the matter
is referred by the State Board to the State Board's legal
counsel. The accrued fine is not waived by the permit
holder submitting the required information and reports.
Prior to any fine beginning to accrue, the Board shall
notify, in writing, a permit holder of the due date for the
post-permit and reporting requirements no later than 30
days before the due date for the requirements. This
paragraph (2.5) takes effect 6 months after August 27, 2012
(the effective date of Public Act 97-1115).
(3) A person who acquires major medical equipment or
who establishes a category of service without first
obtaining a permit or exemption, as the case may be, shall
be fined an amount not to exceed $10,000 for each such
acquisition or category of service established plus an
additional $10,000 for each 30-day period, or fraction
thereof, that the violation continues.
(4) A person who constructs, modifies, or establishes a
health care facility without first obtaining a permit shall

HB2755 Engrossed - 320 - LRB099 08043 RPS 28187 b
be fined an amount not to exceed $25,000 plus an additional
$25,000 for each 30-day period, or fraction thereof, that
the violation continues.
(5) A person who discontinues a health care facility or
a category of service without first obtaining a permit
shall be fined an amount not to exceed $10,000 plus an
additional $10,000 for each 30-day period, or fraction
thereof, that the violation continues. For purposes of this
subparagraph (5), facilities licensed under the Nursing
Home Care Act, or the ID/DD Community Care Act, or the
MC/DD Act, with the exceptions of facilities operated by a
county or Illinois Veterans Homes, are exempt from this
permit requirement. However, facilities licensed under the
Nursing Home Care Act, or the ID/DD Community Care Act, or
the MC/DD Act must comply with Section 3-423 of the Nursing
Home Care Act, or Section 3-423 of the ID/DD Community Care
Act, or Section 3-423 of the MC/DD Act and must provide the
Board and the Department of Human Services with 30 days'
written notice of their its intent to close. Facilities
licensed under the ID/DD Community Care Act or the MC/DD
Act also must provide the Board and the Department of Human
Services with 30 days' written notice of their its intent
to reduce the number of beds for a facility.
(6) A person subject to this Act who fails to provide
information requested by the State Board or Agency within
30 days of a formal written request shall be fined an

HB2755 Engrossed - 321 - LRB099 08043 RPS 28187 b
amount not to exceed $1,000 plus an additional $1,000 for
each 30-day period, or fraction thereof, that the
information is not received by the State Board or Agency.
(c) Before imposing any fine authorized under this Section,
the State Board shall afford the person or permit holder, as
the case may be, an appearance before the State Board and an
opportunity for a hearing before a hearing officer appointed by
the State Board. The hearing shall be conducted in accordance
with Section 10.
(d) All fines collected under this Act shall be transmitted
to the State Treasurer, who shall deposit them into the
Illinois Health Facilities Planning Fund.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-980, eff. 8-17-12; 97-1115, eff. 8-27-12;
98-463, eff. 8-16-13.)
Section 40. The Illinois Income Tax Act is amended by
changing Section 806 as follows:
(35 ILCS 5/806)
Sec. 806. Exemption from penalty. An individual taxpayer
shall not be subject to a penalty for failing to pay estimated
tax as required by Section 803 if the taxpayer is 65 years of
age or older and is a permanent resident of a nursing home. For
purposes of this Section, "nursing home" means a skilled
nursing or intermediate long term care facility that is subject

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to licensure by the Illinois Department of Public Health under
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act, or
the MC/DD Act.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 45. The Use Tax Act is amended by changing Section
3-5 as follows:
(35 ILCS 105/3-5)
Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
(2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
(3) Personal property purchased by a not-for-profit arts or
cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under

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Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
(4) Personal property purchased by a governmental body, by
a corporation, society, association, foundation, or
institution organized and operated exclusively for charitable,
religious, or educational purposes, or by a not-for-profit
corporation, society, association, foundation, institution, or
organization that has no compensated officers or employees and
that is organized and operated primarily for the recreation of
persons 55 years of age or older. A limited liability company
may qualify for the exemption under this paragraph only if the
limited liability company is organized and operated
exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption
shall make tax-free purchases unless it has an active exemption
identification number issued by the Department.

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(5) Until July 1, 2003, a passenger car that is a
replacement vehicle to the extent that the purchase price of
the car is subject to the Replacement Vehicle Tax.
(6) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order,
certified by the purchaser to be used primarily for graphic
arts production, and including machinery and equipment
purchased for lease. Equipment includes chemicals or chemicals
acting as catalysts but only if the chemicals or chemicals
acting as catalysts effect a direct and immediate change upon a
graphic arts product.
(7) Farm chemicals.
(8) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
(9) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(10) A motor vehicle that is used for automobile renting,
as defined in the Automobile Renting Occupation and Use Tax
Act.
(11) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the

HB2755 Engrossed - 325 - LRB099 08043 RPS 28187 b
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (11). Agricultural chemical tender tanks and dry
boxes shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
Farm machinery and equipment also includes computers,

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sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (11) is exempt from the
provisions of Section 3-90.
(12) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the conduct
of its business as an air common carrier, for a flight destined
for or returning from a location or locations outside the
United States without regard to previous or subsequent domestic
stopovers.
Beginning July 1, 2013, fuel and petroleum products sold to
or used by an air carrier, certified by the carrier to be used
for consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports at
least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
(13) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of

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food and beverages purchased at retail from a retailer, to the
extent that the proceeds of the service charge are in fact
turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving,
hosting or cleaning up the food or beverage function with
respect to which the service charge is imposed.
(14) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(15) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including that
manufactured on special order, certified by the purchaser to be
used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
(16) Coal and aggregate exploration, mining, off-highway
hauling, processing, maintenance, and reclamation equipment,
including replacement parts and equipment, and including
equipment purchased for lease, but excluding motor vehicles
required to be registered under the Illinois Vehicle Code. The
changes made to this Section by Public Act 97-767 apply on and

HB2755 Engrossed - 328 - LRB099 08043 RPS 28187 b
after July 1, 2003, but no claim for credit or refund is
allowed on or after August 16, 2013 (the effective date of
Public Act 98-456) for such taxes paid during the period
beginning July 1, 2003 and ending on August 16, 2013 (the
effective date of Public Act 98-456).
(17) Until July 1, 2003, distillation machinery and
equipment, sold as a unit or kit, assembled or installed by the
retailer, certified by the user to be used only for the
production of ethyl alcohol that will be used for consumption
as motor fuel or as a component of motor fuel for the personal
use of the user, and not subject to sale or resale.
(18) Manufacturing and assembling machinery and equipment
used primarily in the process of manufacturing or assembling
tangible personal property for wholesale or retail sale or
lease, whether that sale or lease is made directly by the
manufacturer or by some other person, whether the materials
used in the process are owned by the manufacturer or some other
person, or whether that sale or lease is made apart from or as
an incident to the seller's engaging in the service occupation
of producing machines, tools, dies, jigs, patterns, gauges, or
other similar items of no commercial value on special order for
a particular purchaser. The exemption provided by this
paragraph (18) does not include machinery and equipment used in
(i) the generation of electricity for wholesale or retail sale;
(ii) the generation or treatment of natural or artificial gas
for wholesale or retail sale that is delivered to customers

HB2755 Engrossed - 329 - LRB099 08043 RPS 28187 b
through pipes, pipelines, or mains; or (iii) the treatment of
water for wholesale or retail sale that is delivered to
customers through pipes, pipelines, or mains. The provisions of
Public Act 98-583 are declaratory of existing law as to the
meaning and scope of this exemption.
(19) Personal property delivered to a purchaser or
purchaser's donee inside Illinois when the purchase order for
that personal property was received by a florist located
outside Illinois who has a florist located inside Illinois
deliver the personal property.
(20) Semen used for artificial insemination of livestock
for direct agricultural production.
(21) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (21) is exempt from the provisions
of Section 3-90, and the exemption provided for under this item
(21) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after January 1,
2008 for such taxes paid during the period beginning May 30,
2000 and ending on January 1, 2008.
(22) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a

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lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Service Use Tax Act, as the
case may be, based on the fair market value of the property at
the time the non-qualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Service Use Tax Act, as the case may be, if the tax
has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall have
a legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to the lessee for any
reason, the lessor is liable to pay that amount to the
Department.
(23) Personal property purchased by a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time the lessor would otherwise be subject to the
tax imposed by this Act, to a governmental body that has been
issued an active sales tax exemption identification number by
the Department under Section 1g of the Retailers' Occupation

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Tax Act. If the property is leased in a manner that does not
qualify for this exemption or used in any other non-exempt
manner, the lessor shall be liable for the tax imposed under
this Act or the Service Use Tax Act, as the case may be, based
on the fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt
to collect an amount (however designated) that purports to
reimburse that lessor for the tax imposed by this Act or the
Service Use Tax Act, as the case may be, if the tax has not been
paid by the lessor. If a lessor improperly collects any such
amount from the lessee, the lessee shall have a legal right to
claim a refund of that amount from the lessor. If, however,
that amount is not refunded to the lessee for any reason, the
lessor is liable to pay that amount to the Department.
(24) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
(25) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or

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before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
(26) Beginning July 1, 1999, game or game birds purchased
at a "game breeding and hunting preserve area" as that term is
used in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-90.
(27) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the

HB2755 Engrossed - 333 - LRB099 08043 RPS 28187 b
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
(28) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-90.
(29) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and

HB2755 Engrossed - 334 - LRB099 08043 RPS 28187 b
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-90.
(30) Beginning January 1, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013.
(31) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, computers and communications
equipment utilized for any hospital purpose and equipment used
in the diagnosis, analysis, or treatment of hospital patients
purchased by a lessor who leases the equipment, under a lease
of one year or longer executed or in effect at the time the
lessor would otherwise be subject to the tax imposed by this
Act, to a hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the

HB2755 Engrossed - 335 - LRB099 08043 RPS 28187 b
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Service Use Tax Act, as the
case may be, based on the fair market value of the property at
the time the nonqualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Service Use Tax Act, as the case may be, if the tax
has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall have
a legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to the lessee for any
reason, the lessor is liable to pay that amount to the
Department. This paragraph is exempt from the provisions of
Section 3-90.
(32) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, personal property purchased by a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
governmental body that has been issued an active sales tax
exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act. If the
property is leased in a manner that does not qualify for this
exemption or used in any other nonexempt manner, the lessor

HB2755 Engrossed - 336 - LRB099 08043 RPS 28187 b
shall be liable for the tax imposed under this Act or the
Service Use Tax Act, as the case may be, based on the fair
market value of the property at the time the nonqualifying use
occurs. No lessor shall collect or attempt to collect an amount
(however designated) that purports to reimburse that lessor for
the tax imposed by this Act or the Service Use Tax Act, as the
case may be, if the tax has not been paid by the lessor. If a
lessor improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that
amount from the lessor. If, however, that amount is not
refunded to the lessee for any reason, the lessor is liable to
pay that amount to the Department. This paragraph is exempt
from the provisions of Section 3-90.
(33) On and after July 1, 2003 and through June 30, 2004,
the use in this State of motor vehicles of the second division
with a gross vehicle weight in excess of 8,000 pounds and that
are subject to the commercial distribution fee imposed under
Section 3-815.1 of the Illinois Vehicle Code. Beginning on July
1, 2004 and through June 30, 2005, the use in this State of
motor vehicles of the second division: (i) with a gross vehicle
weight rating in excess of 8,000 pounds; (ii) that are subject
to the commercial distribution fee imposed under Section
3-815.1 of the Illinois Vehicle Code; and (iii) that are
primarily used for commercial purposes. Through June 30, 2005,
this exemption applies to repair and replacement parts added
after the initial purchase of such a motor vehicle if that

HB2755 Engrossed - 337 - LRB099 08043 RPS 28187 b
motor vehicle is used in a manner that would qualify for the
rolling stock exemption otherwise provided for in this Act. For
purposes of this paragraph, the term "used for commercial
purposes" means the transportation of persons or property in
furtherance of any commercial or industrial enterprise,
whether for-hire or not.
(34) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 3-90.
(35) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose

HB2755 Engrossed - 338 - LRB099 08043 RPS 28187 b
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to the use of qualifying
tangible personal property by persons who modify, refurbish,
complete, repair, replace, or maintain aircraft and who (i)
hold an Air Agency Certificate and are empowered to operate an
approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation
Regulations. The exemption does not include aircraft operated
by a commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations. The changes made to this
paragraph (35) by Public Act 98-534 are declarative of existing
law.
(36) Tangible personal property purchased by a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as

HB2755 Engrossed - 339 - LRB099 08043 RPS 28187 b
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-90.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431,
eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12; 98-104,
eff. 7-22-13; 98-422, eff. 8-16-13; 98-456, eff. 8-16-13;
98-534, eff. 8-23-13; 98-574, eff. 1-1-14; 98-583, eff. 1-1-14;
98-756, eff. 7-16-14.)
Section 50. The Service Use Tax Act is amended by changing
Sections 3-5 and 3-10 as follows:
(35 ILCS 110/3-5)
Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
(1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
(2) Personal property purchased by a non-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
(3) Personal property purchased by a not-for-profit arts or
cultural organization that establishes, by proof required by

HB2755 Engrossed - 340 - LRB099 08043 RPS 28187 b
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
(4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
(5) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product.

HB2755 Engrossed - 341 - LRB099 08043 RPS 28187 b
(6) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (7). Agricultural chemical tender tanks and dry boxes
shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,

HB2755 Engrossed - 342 - LRB099 08043 RPS 28187 b
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (7) is exempt from the
provisions of Section 3-75.
(8) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the conduct
of its business as an air common carrier, for a flight destined
for or returning from a location or locations outside the
United States without regard to previous or subsequent domestic
stopovers.
Beginning July 1, 2013, fuel and petroleum products sold to
or used by an air carrier, certified by the carrier to be used
for consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports at
least one individual or package for hire from the city of

HB2755 Engrossed - 343 - LRB099 08043 RPS 28187 b
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
(9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages acquired as an incident to the purchase of a
service from a serviceman, to the extent that the proceeds of
the service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
(10) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(11) Proceeds from the sale of photoprocessing machinery
and equipment, including repair and replacement parts, both new
and used, including that manufactured on special order,
certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and

HB2755 Engrossed - 344 - LRB099 08043 RPS 28187 b
equipment purchased for lease.
(12) Coal and aggregate exploration, mining, off-highway
hauling, processing, maintenance, and reclamation equipment,
including replacement parts and equipment, and including
equipment purchased for lease, but excluding motor vehicles
required to be registered under the Illinois Vehicle Code. The
changes made to this Section by Public Act 97-767 apply on and
after July 1, 2003, but no claim for credit or refund is
allowed on or after August 16, 2013 (the effective date of
Public Act 98-456) for such taxes paid during the period
beginning July 1, 2003 and ending on August 16, 2013 (the
effective date of Public Act 98-456).
(13) Semen used for artificial insemination of livestock
for direct agricultural production.
(14) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (14) is exempt from the provisions
of Section 3-75, and the exemption provided for under this item
(14) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after the effective
date of this amendatory Act of the 95th General Assembly for
such taxes paid during the period beginning May 30, 2000 and
ending on the effective date of this amendatory Act of the 95th

HB2755 Engrossed - 345 - LRB099 08043 RPS 28187 b
General Assembly.
(15) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case may
be, based on the fair market value of the property at the time
the non-qualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department.
(16) Personal property purchased by a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time the lessor would otherwise be subject to the

HB2755 Engrossed - 346 - LRB099 08043 RPS 28187 b
tax imposed by this Act, to a governmental body that has been
issued an active tax exemption identification number by the
Department under Section 1g of the Retailers' Occupation Tax
Act. If the property is leased in a manner that does not
qualify for this exemption or is used in any other non-exempt
manner, the lessor shall be liable for the tax imposed under
this Act or the Use Tax Act, as the case may be, based on the
fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt
to collect an amount (however designated) that purports to
reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department.
(17) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster

HB2755 Engrossed - 347 - LRB099 08043 RPS 28187 b
who reside within the declared disaster area.
(18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
(19) Beginning July 1, 1999, game or game birds purchased
at a "game breeding and hunting preserve area" as that term is
used in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-75.
(20) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,

HB2755 Engrossed - 348 - LRB099 08043 RPS 28187 b
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
(21) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-75.
(22) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other

HB2755 Engrossed - 349 - LRB099 08043 RPS 28187 b
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-75.
(23) Beginning August 23, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013.
(24) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, computers and communications
equipment utilized for any hospital purpose and equipment used
in the diagnosis, analysis, or treatment of hospital patients
purchased by a lessor who leases the equipment, under a lease
of one year or longer executed or in effect at the time the

HB2755 Engrossed - 350 - LRB099 08043 RPS 28187 b
lessor would otherwise be subject to the tax imposed by this
Act, to a hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case may
be, based on the fair market value of the property at the time
the nonqualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department. This paragraph is
exempt from the provisions of Section 3-75.
(25) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, personal property purchased by a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
governmental body that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the property is leased in a

HB2755 Engrossed - 351 - LRB099 08043 RPS 28187 b
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case may
be, based on the fair market value of the property at the time
the nonqualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department. This paragraph is
exempt from the provisions of Section 3-75.
(26) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 3-75.
(27) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in

HB2755 Engrossed - 352 - LRB099 08043 RPS 28187 b
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to the use of qualifying
tangible personal property transferred incident to the
modification, refurbishment, completion, replacement, repair,
or maintenance of aircraft by persons who (i) hold an Air
Agency Certificate and are empowered to operate an approved
repair station by the Federal Aviation Administration, (ii)
have a Class IV Rating, and (iii) conduct operations in
accordance with Part 145 of the Federal Aviation Regulations.
The exemption does not include aircraft operated by a
commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations. The changes made to this
paragraph (27) by Public Act 98-534 are declarative of existing
law.
(28) Tangible personal property purchased by a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of

HB2755 Engrossed - 353 - LRB099 08043 RPS 28187 b
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-75.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431,
eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12; 98-104,
eff. 7-22-13; 98-422, eff. 8-16-13; 98-456, eff. 8-16-13;
98-534, eff. 8-23-13; 98-756, eff. 7-16-14.)
(35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the selling price of tangible personal property transferred as
an incident to the sale of service, but, for the purpose of
computing this tax, in no event shall the selling price be less
than the cost price of the property to the serviceman.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

HB2755 Engrossed - 354 - LRB099 08043 RPS 28187 b
the Use Tax Act, the tax is imposed at the rate of 1.25%.
With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the selling price
of property transferred as an incident to the sale of service
on or after January 1, 1990, and before July 1, 2003, (ii) 80%
of the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018, and (iii) 100% of the selling price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018 but applies to 100% of the selling price
thereafter.
With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less

HB2755 Engrossed - 355 - LRB099 08043 RPS 28187 b
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 but
applies to 100% of the selling price thereafter.
At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the aggregate
annual total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred as an
incident to the sale of those services.
The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD

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Act, the Specialized Mental Health Rehabilitation Act of 2013,
or the Child Care Act of 1969. The tax shall also be imposed at
the rate of 1% on food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption and is not otherwise
included in this paragraph) and prescription and
nonprescription medicines, drugs, medical appliances,
modifications to a motor vehicle for the purpose of rendering
it usable by a disabled person, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use. For the purposes of this Section, until September 1, 2009:
the term "soft drinks" means any complete, finished,
ready-to-use, non-alcoholic drink, whether carbonated or not,
including but not limited to soda water, cola, fruit juice,
vegetable juice, carbonated water, and all other preparations
commonly known as soft drinks of whatever kind or description
that are contained in any closed or sealed bottle, can, carton,
or container, regardless of size; but "soft drinks" does not
include coffee, tea, non-carbonated water, infant formula,
milk or milk products as defined in the Grade A Pasteurized
Milk and Milk Products Act, or drinks containing 50% or more
natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft

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drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and

HB2755 Engrossed - 358 - LRB099 08043 RPS 28187 b
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
label includes:
(A) A "Drug Facts" panel; or
(B) A statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Pilot Program Act.
If the property that is acquired from a serviceman is
acquired outside Illinois and used outside Illinois before
being brought to Illinois for use here and is taxable under
this Act, the "selling price" on which the tax is computed
shall be reduced by an amount that represents a reasonable
allowance for depreciation for the period of prior out-of-state

HB2755 Engrossed - 359 - LRB099 08043 RPS 28187 b
use.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636,
eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; 98-756,
eff. 7-16-14.)
Section 55. The Service Occupation Tax Act is amended by
changing Sections 3-5 and 3-10 as follows:
(35 ILCS 115/3-5)
Sec. 3-5. Exemptions. The following tangible personal
property is exempt from the tax imposed by this Act:
(1) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the benefit
of persons 65 years of age or older if the personal property
was not purchased by the enterprise for the purpose of resale
by the enterprise.
(2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
(3) Personal property purchased by any not-for-profit arts
or cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or

HB2755 Engrossed - 360 - LRB099 08043 RPS 28187 b
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
(4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
(5) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product.
(6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.

HB2755 Engrossed - 361 - LRB099 08043 RPS 28187 b
(7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (7). Agricultural chemical tender tanks and dry boxes
shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other

HB2755 Engrossed - 362 - LRB099 08043 RPS 28187 b
such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (7) is exempt from the
provisions of Section 3-55.
(8) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the conduct
of its business as an air common carrier, for a flight destined
for or returning from a location or locations outside the
United States without regard to previous or subsequent domestic
stopovers.
Beginning July 1, 2013, fuel and petroleum products sold to
or used by an air carrier, certified by the carrier to be used
for consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports at
least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.

HB2755 Engrossed - 363 - LRB099 08043 RPS 28187 b
(9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages, to the extent that the proceeds of the
service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
(10) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(11) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including that
manufactured on special order, certified by the purchaser to be
used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
(12) Coal and aggregate exploration, mining, off-highway
hauling, processing, maintenance, and reclamation equipment,
including replacement parts and equipment, and including
equipment purchased for lease, but excluding motor vehicles

HB2755 Engrossed - 364 - LRB099 08043 RPS 28187 b
required to be registered under the Illinois Vehicle Code. The
changes made to this Section by Public Act 97-767 apply on and
after July 1, 2003, but no claim for credit or refund is
allowed on or after August 16, 2013 (the effective date of
Public Act 98-456) for such taxes paid during the period
beginning July 1, 2003 and ending on August 16, 2013 (the
effective date of Public Act 98-456).
(13) Beginning January 1, 1992 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks and food that has been prepared for immediate
consumption) and prescription and non-prescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013.
(14) Semen used for artificial insemination of livestock
for direct agricultural production.
(15) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or

HB2755 Engrossed - 365 - LRB099 08043 RPS 28187 b
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (15) is exempt from the provisions
of Section 3-55, and the exemption provided for under this item
(15) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after January 1,
2008 (the effective date of Public Act 95-88) for such taxes
paid during the period beginning May 30, 2000 and ending on
January 1, 2008 (the effective date of Public Act 95-88).
(16) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act.
(17) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time of the purchase, to a governmental body that
has been issued an active tax exemption identification number
by the Department under Section 1g of the Retailers' Occupation
Tax Act.
(18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared

HB2755 Engrossed - 366 - LRB099 08043 RPS 28187 b
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
(19) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
(20) Beginning July 1, 1999, game or game birds sold at a
"game breeding and hunting preserve area" as that term is used
in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-55.
(21) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department

HB2755 Engrossed - 367 - LRB099 08043 RPS 28187 b
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
(22) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits

HB2755 Engrossed - 368 - LRB099 08043 RPS 28187 b
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-55.
(23) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-55.
(24) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, computers and communications
equipment utilized for any hospital purpose and equipment used
in the diagnosis, analysis, or treatment of hospital patients
sold to a lessor who leases the equipment, under a lease of one
year or longer executed or in effect at the time of the
purchase, to a hospital that has been issued an active tax
exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act. This paragraph
is exempt from the provisions of Section 3-55.
(25) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, personal property sold to a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time of the purchase, to a

HB2755 Engrossed - 369 - LRB099 08043 RPS 28187 b
governmental body that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. This paragraph is exempt from
the provisions of Section 3-55.
(26) Beginning on January 1, 2002 and through June 30,
2016, tangible personal property purchased from an Illinois
retailer by a taxpayer engaged in centralized purchasing
activities in Illinois who will, upon receipt of the property
in Illinois, temporarily store the property in Illinois (i) for
the purpose of subsequently transporting it outside this State
for use or consumption thereafter solely outside this State or
(ii) for the purpose of being processed, fabricated, or
manufactured into, attached to, or incorporated into other
tangible personal property to be transported outside this State
and thereafter used or consumed solely outside this State. The
Director of Revenue shall, pursuant to rules adopted in
accordance with the Illinois Administrative Procedure Act,
issue a permit to any taxpayer in good standing with the
Department who is eligible for the exemption under this
paragraph (26). The permit issued under this paragraph (26)
shall authorize the holder, to the extent and in the manner
specified in the rules adopted under this Act, to purchase
tangible personal property from a retailer exempt from the
taxes imposed by this Act. Taxpayers shall maintain all
necessary books and records to substantiate the use and
consumption of all such tangible personal property outside of

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the State of Illinois.
(27) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 3-55.
(28) Tangible personal property sold to a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-55.
(29) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the

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aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to the transfer of
qualifying tangible personal property incident to the
modification, refurbishment, completion, replacement, repair,
or maintenance of an aircraft by persons who (i) hold an Air
Agency Certificate and are empowered to operate an approved
repair station by the Federal Aviation Administration, (ii)
have a Class IV Rating, and (iii) conduct operations in
accordance with Part 145 of the Federal Aviation Regulations.
The exemption does not include aircraft operated by a
commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations. The changes made to this
paragraph (29) by Public Act 98-534 are declarative of existing
law.
(Source: P.A. 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227,
eff. 1-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767,

HB2755 Engrossed - 372 - LRB099 08043 RPS 28187 b
eff. 7-9-12; 98-104, eff. 7-22-13; 98-422, eff. 8-16-13;
98-456, eff. 8-16-13; 98-534, eff. 8-23-13; 98-756, eff.
7-16-14.)
(35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the "selling price", as defined in Section 2 of the Service Use
Tax Act, of the tangible personal property. For the purpose of
computing this tax, in no event shall the "selling price" be
less than the cost price to the serviceman of the tangible
personal property transferred. The selling price of each item
of tangible personal property transferred as an incident of a
sale of service may be shown as a distinct and separate item on
the serviceman's billing to the service customer. If the
selling price is not so shown, the selling price of the
tangible personal property is deemed to be 50% of the
serviceman's entire billing to the service customer. When,
however, a serviceman contracts to design, develop, and produce
special order machinery or equipment, the tax imposed by this
Act shall be based on the serviceman's cost price of the
tangible personal property transferred incident to the
completion of the contract.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

HB2755 Engrossed - 373 - LRB099 08043 RPS 28187 b
the Use Tax Act, the tax is imposed at the rate of 1.25%.
With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act shall apply to (i) 70% of the cost
price of property transferred as an incident to the sale of
service on or after January 1, 1990, and before July 1, 2003,
(ii) 80% of the selling price of property transferred as an
incident to the sale of service on or after July 1, 2003 and on
or before December 31, 2018, and (iii) 100% of the cost price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018 but applies to 100% of the selling price
thereafter.
With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less

HB2755 Engrossed - 374 - LRB099 08043 RPS 28187 b
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel material, the tax
imposed by this Act does not apply to the proceeds of the
selling price of property transferred as an incident to the
sale of service on or after July 1, 2003 and on or before
December 31, 2018 but applies to 100% of the selling price
thereafter.
At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the aggregate
annual total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred incident to
the sale of those services.
The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the

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Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
Act, the Specialized Mental Health Rehabilitation Act of 2013,
or the Child Care Act of 1969. The tax shall also be imposed at
the rate of 1% on food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption and is not otherwise
included in this paragraph) and prescription and
nonprescription medicines, drugs, medical appliances,
modifications to a motor vehicle for the purpose of rendering
it usable by a disabled person, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use. For the purposes of this Section, until September 1, 2009:
the term "soft drinks" means any complete, finished,
ready-to-use, non-alcoholic drink, whether carbonated or not,
including but not limited to soda water, cola, fruit juice,
vegetable juice, carbonated water, and all other preparations
commonly known as soft drinks of whatever kind or description
that are contained in any closed or sealed can, carton, or
container, regardless of size; but "soft drinks" does not
include coffee, tea, non-carbonated water, infant formula,
milk or milk products as defined in the Grade A Pasteurized
Milk and Milk Products Act, or drinks containing 50% or more
natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic

HB2755 Engrossed - 376 - LRB099 08043 RPS 28187 b
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,

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beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
label includes:
(A) A "Drug Facts" panel; or
(B) A statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Pilot Program Act.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636,
eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; 98-756,
eff. 7-16-14.)
Section 60. The Retailers' Occupation Tax Act is amended by

HB2755 Engrossed - 378 - LRB099 08043 RPS 28187 b
changing Section 2-5 as follows:
(35 ILCS 120/2-5)
Sec. 2-5. Exemptions. Gross receipts from proceeds from the
sale of the following tangible personal property are exempt
from the tax imposed by this Act:
(1) Farm chemicals.
(2) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (2). Agricultural chemical tender tanks and dry boxes
shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed, if the selling price of the
tender is separately stated.

HB2755 Engrossed - 379 - LRB099 08043 RPS 28187 b
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (2) is exempt from the
provisions of Section 2-70.
(3) Until July 1, 2003, distillation machinery and
equipment, sold as a unit or kit, assembled or installed by the
retailer, certified by the user to be used only for the
production of ethyl alcohol that will be used for consumption
as motor fuel or as a component of motor fuel for the personal
use of the user, and not subject to sale or resale.
(4) Until July 1, 2003 and beginning again September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order or

HB2755 Engrossed - 380 - LRB099 08043 RPS 28187 b
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product.
(5) A motor vehicle that is used for automobile renting, as
defined in the Automobile Renting Occupation and Use Tax Act.
This paragraph is exempt from the provisions of Section 2-70.
(6) Personal property sold by a teacher-sponsored student
organization affiliated with an elementary or secondary school
located in Illinois.
(7) Until July 1, 2003, proceeds of that portion of the
selling price of a passenger car the sale of which is subject
to the Replacement Vehicle Tax.
(8) Personal property sold to an Illinois county fair
association for use in conducting, operating, or promoting the
county fair.
(9) Personal property sold to a not-for-profit arts or
cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service

HB2755 Engrossed - 381 - LRB099 08043 RPS 28187 b
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
(10) Personal property sold by a corporation, society,
association, foundation, institution, or organization, other
than a limited liability company, that is organized and
operated as a not-for-profit service enterprise for the benefit
of persons 65 years of age or older if the personal property
was not purchased by the enterprise for the purpose of resale
by the enterprise.
(11) Personal property sold to a governmental body, to a
corporation, society, association, foundation, or institution
organized and operated exclusively for charitable, religious,
or educational purposes, or to a not-for-profit corporation,
society, association, foundation, institution, or organization
that has no compensated officers or employees and that is
organized and operated primarily for the recreation of persons
55 years of age or older. A limited liability company may
qualify for the exemption under this paragraph only if the
limited liability company is organized and operated
exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption
shall make tax-free purchases unless it has an active

HB2755 Engrossed - 382 - LRB099 08043 RPS 28187 b
identification number issued by the Department.
(12) Tangible personal property sold to interstate
carriers for hire for use as rolling stock moving in interstate
commerce or to lessors under leases of one year or longer
executed or in effect at the time of purchase by interstate
carriers for hire for use as rolling stock moving in interstate
commerce and equipment operated by a telecommunications
provider, licensed as a common carrier by the Federal
Communications Commission, which is permanently installed in
or affixed to aircraft moving in interstate commerce.
(12-5) On and after July 1, 2003 and through June 30, 2004,
motor vehicles of the second division with a gross vehicle
weight in excess of 8,000 pounds that are subject to the
commercial distribution fee imposed under Section 3-815.1 of
the Illinois Vehicle Code. Beginning on July 1, 2004 and
through June 30, 2005, the use in this State of motor vehicles
of the second division: (i) with a gross vehicle weight rating
in excess of 8,000 pounds; (ii) that are subject to the
commercial distribution fee imposed under Section 3-815.1 of
the Illinois Vehicle Code; and (iii) that are primarily used
for commercial purposes. Through June 30, 2005, this exemption
applies to repair and replacement parts added after the initial
purchase of such a motor vehicle if that motor vehicle is used
in a manner that would qualify for the rolling stock exemption
otherwise provided for in this Act. For purposes of this
paragraph, "used for commercial purposes" means the

HB2755 Engrossed - 383 - LRB099 08043 RPS 28187 b
transportation of persons or property in furtherance of any
commercial or industrial enterprise whether for-hire or not.
(13) Proceeds from sales to owners, lessors, or shippers of
tangible personal property that is utilized by interstate
carriers for hire for use as rolling stock moving in interstate
commerce and equipment operated by a telecommunications
provider, licensed as a common carrier by the Federal
Communications Commission, which is permanently installed in
or affixed to aircraft moving in interstate commerce.
(14) Machinery and equipment that will be used by the
purchaser, or a lessee of the purchaser, primarily in the
process of manufacturing or assembling tangible personal
property for wholesale or retail sale or lease, whether the
sale or lease is made directly by the manufacturer or by some
other person, whether the materials used in the process are
owned by the manufacturer or some other person, or whether the
sale or lease is made apart from or as an incident to the
seller's engaging in the service occupation of producing
machines, tools, dies, jigs, patterns, gauges, or other similar
items of no commercial value on special order for a particular
purchaser. The exemption provided by this paragraph (14) does
not include machinery and equipment used in (i) the generation
of electricity for wholesale or retail sale; (ii) the
generation or treatment of natural or artificial gas for
wholesale or retail sale that is delivered to customers through
pipes, pipelines, or mains; or (iii) the treatment of water for

HB2755 Engrossed - 384 - LRB099 08043 RPS 28187 b
wholesale or retail sale that is delivered to customers through
pipes, pipelines, or mains. The provisions of Public Act 98-583
are declaratory of existing law as to the meaning and scope of
this exemption.
(15) Proceeds of mandatory service charges separately
stated on customers' bills for purchase and consumption of food
and beverages, to the extent that the proceeds of the service
charge are in fact turned over as tips or as a substitute for
tips to the employees who participate directly in preparing,
serving, hosting or cleaning up the food or beverage function
with respect to which the service charge is imposed.
(16) Petroleum products sold to a purchaser if the seller
is prohibited by federal law from charging tax to the
purchaser.
(17) Tangible personal property sold to a common carrier by
rail or motor that receives the physical possession of the
property in Illinois and that transports the property, or
shares with another common carrier in the transportation of the
property, out of Illinois on a standard uniform bill of lading
showing the seller of the property as the shipper or consignor
of the property to a destination outside Illinois, for use
outside Illinois.
(18) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.

HB2755 Engrossed - 385 - LRB099 08043 RPS 28187 b
(19) Until July 1 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
(20) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including that
manufactured on special order, certified by the purchaser to be
used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
(21) Coal and aggregate exploration, mining, off-highway
hauling, processing, maintenance, and reclamation equipment,
including replacement parts and equipment, and including
equipment purchased for lease, but excluding motor vehicles
required to be registered under the Illinois Vehicle Code. The
changes made to this Section by Public Act 97-767 apply on and
after July 1, 2003, but no claim for credit or refund is
allowed on or after August 16, 2013 (the effective date of
Public Act 98-456) for such taxes paid during the period
beginning July 1, 2003 and ending on August 16, 2013 (the
effective date of Public Act 98-456).
(22) Until June 30, 2013, fuel and petroleum products sold

HB2755 Engrossed - 386 - LRB099 08043 RPS 28187 b
to or used by an air carrier, certified by the carrier to be
used for consumption, shipment, or storage in the conduct of
its business as an air common carrier, for a flight destined
for or returning from a location or locations outside the
United States without regard to previous or subsequent domestic
stopovers.
Beginning July 1, 2013, fuel and petroleum products sold to
or used by an air carrier, certified by the carrier to be used
for consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports at
least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
(23) A transaction in which the purchase order is received
by a florist who is located outside Illinois, but who has a
florist located in Illinois deliver the property to the
purchaser or the purchaser's donee in Illinois.
(24) Fuel consumed or used in the operation of ships,
barges, or vessels that are used primarily in or for the
transportation of property or the conveyance of persons for
hire on rivers bordering on this State if the fuel is delivered
by the seller to the purchaser's barge, ship, or vessel while
it is afloat upon that bordering river.

HB2755 Engrossed - 387 - LRB099 08043 RPS 28187 b
(25) Except as provided in item (25-5) of this Section, a
motor vehicle sold in this State to a nonresident even though
the motor vehicle is delivered to the nonresident in this
State, if the motor vehicle is not to be titled in this State,
and if a drive-away permit is issued to the motor vehicle as
provided in Section 3-603 of the Illinois Vehicle Code or if
the nonresident purchaser has vehicle registration plates to
transfer to the motor vehicle upon returning to his or her home
state. The issuance of the drive-away permit or having the
out-of-state registration plates to be transferred is prima
facie evidence that the motor vehicle will not be titled in
this State.
(25-5) The exemption under item (25) does not apply if the
state in which the motor vehicle will be titled does not allow
a reciprocal exemption for a motor vehicle sold and delivered
in that state to an Illinois resident but titled in Illinois.
The tax collected under this Act on the sale of a motor vehicle
in this State to a resident of another state that does not
allow a reciprocal exemption shall be imposed at a rate equal
to the state's rate of tax on taxable property in the state in
which the purchaser is a resident, except that the tax shall
not exceed the tax that would otherwise be imposed under this
Act. At the time of the sale, the purchaser shall execute a
statement, signed under penalty of perjury, of his or her
intent to title the vehicle in the state in which the purchaser
is a resident within 30 days after the sale and of the fact of

HB2755 Engrossed - 388 - LRB099 08043 RPS 28187 b
the payment to the State of Illinois of tax in an amount
equivalent to the state's rate of tax on taxable property in
his or her state of residence and shall submit the statement to
the appropriate tax collection agency in his or her state of
residence. In addition, the retailer must retain a signed copy
of the statement in his or her records. Nothing in this item
shall be construed to require the removal of the vehicle from
this state following the filing of an intent to title the
vehicle in the purchaser's state of residence if the purchaser
titles the vehicle in his or her state of residence within 30
days after the date of sale. The tax collected under this Act
in accordance with this item (25-5) shall be proportionately
distributed as if the tax were collected at the 6.25% general
rate imposed under this Act.
(25-7) Beginning on July 1, 2007, no tax is imposed under
this Act on the sale of an aircraft, as defined in Section 3 of
the Illinois Aeronautics Act, if all of the following
conditions are met:
(1) the aircraft leaves this State within 15 days after
the later of either the issuance of the final billing for
the sale of the aircraft, or the authorized approval for
return to service, completion of the maintenance record
entry, and completion of the test flight and ground test
for inspection, as required by 14 C.F.R. 91.407;
(2) the aircraft is not based or registered in this
State after the sale of the aircraft; and

HB2755 Engrossed - 389 - LRB099 08043 RPS 28187 b
(3) the seller retains in his or her books and records
and provides to the Department a signed and dated
certification from the purchaser, on a form prescribed by
the Department, certifying that the requirements of this
item (25-7) are met. The certificate must also include the
name and address of the purchaser, the address of the
location where the aircraft is to be titled or registered,
the address of the primary physical location of the
aircraft, and other information that the Department may
reasonably require.
For purposes of this item (25-7):
"Based in this State" means hangared, stored, or otherwise
used, excluding post-sale customizations as defined in this
Section, for 10 or more days in each 12-month period
immediately following the date of the sale of the aircraft.
"Registered in this State" means an aircraft registered
with the Department of Transportation, Aeronautics Division,
or titled or registered with the Federal Aviation
Administration to an address located in this State.
This paragraph (25-7) is exempt from the provisions of
Section 2-70.
(26) Semen used for artificial insemination of livestock
for direct agricultural production.
(27) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter

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Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (27) is exempt from the provisions
of Section 2-70, and the exemption provided for under this item
(27) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after January 1,
2008 (the effective date of Public Act 95-88) for such taxes
paid during the period beginning May 30, 2000 and ending on
January 1, 2008 (the effective date of Public Act 95-88).
(28) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients sold to a lessor
who leases the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of
this Act.
(29) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time of the purchase, to a governmental body that
has been issued an active tax exemption identification number
by the Department under Section 1g of this Act.
(30) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared

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disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
(31) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
(32) Beginning July 1, 1999, game or game birds sold at a
"game breeding and hunting preserve area" as that term is used
in the Wildlife Code. This paragraph is exempt from the
provisions of Section 2-70.
(33) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department

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to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
(34) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits

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from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 2-70.
(35) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 2-70.
(35-5) Beginning August 23, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or a licensed facility as defined in
the ID/DD Community Care Act, the MC/DD Act, or the Specialized
Mental Health Rehabilitation Act of 2013.
(36) Beginning August 2, 2001, computers and

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communications equipment utilized for any hospital purpose and
equipment used in the diagnosis, analysis, or treatment of
hospital patients sold to a lessor who leases the equipment,
under a lease of one year or longer executed or in effect at
the time of the purchase, to a hospital that has been issued an
active tax exemption identification number by the Department
under Section 1g of this Act. This paragraph is exempt from the
provisions of Section 2-70.
(37) Beginning August 2, 2001, personal property sold to a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time of the purchase, to a
governmental body that has been issued an active tax exemption
identification number by the Department under Section 1g of
this Act. This paragraph is exempt from the provisions of
Section 2-70.
(38) Beginning on January 1, 2002 and through June 30,
2016, tangible personal property purchased from an Illinois
retailer by a taxpayer engaged in centralized purchasing
activities in Illinois who will, upon receipt of the property
in Illinois, temporarily store the property in Illinois (i) for
the purpose of subsequently transporting it outside this State
for use or consumption thereafter solely outside this State or
(ii) for the purpose of being processed, fabricated, or
manufactured into, attached to, or incorporated into other
tangible personal property to be transported outside this State
and thereafter used or consumed solely outside this State. The

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Director of Revenue shall, pursuant to rules adopted in
accordance with the Illinois Administrative Procedure Act,
issue a permit to any taxpayer in good standing with the
Department who is eligible for the exemption under this
paragraph (38). The permit issued under this paragraph (38)
shall authorize the holder, to the extent and in the manner
specified in the rules adopted under this Act, to purchase
tangible personal property from a retailer exempt from the
taxes imposed by this Act. Taxpayers shall maintain all
necessary books and records to substantiate the use and
consumption of all such tangible personal property outside of
the State of Illinois.
(39) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 2-70.
(40) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any

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materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to the sale of qualifying
tangible personal property to persons who modify, refurbish,
complete, replace, or maintain an aircraft and who (i) hold an
Air Agency Certificate and are empowered to operate an approved
repair station by the Federal Aviation Administration, (ii)
have a Class IV Rating, and (iii) conduct operations in
accordance with Part 145 of the Federal Aviation Regulations.
The exemption does not include aircraft operated by a
commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations. The changes made to this
paragraph (40) by Public Act 98-534 are declarative of existing
law.
(41) Tangible personal property sold to a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further

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consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 2-70.
(Source: P.A. 97-38, eff. 6-28-11; 97-73, eff. 6-30-11; 97-227,
eff. 1-1-12; 97-431, eff. 8-16-11; 97-636, eff. 6-1-12; 97-767,
eff. 7-9-12; 98-104, eff. 7-22-13; 98-422, eff. 8-16-13;
98-456, eff. 8-16-13; 98-534, eff. 8-23-13; 98-574, eff.
1-1-14; 98-583, eff. 1-1-14; 98-756, eff. 7-16-14.)
Section 65. The Property Tax Code is amended by changing
Sections 15-168, 15-170, and 15-172 as follows:
(35 ILCS 200/15-168)
Sec. 15-168. Disabled persons' homestead exemption.
(a) Beginning with taxable year 2007, an annual homestead
exemption is granted to disabled persons in the amount of
$2,000, except as provided in subsection (c), to be deducted
from the property's value as equalized or assessed by the
Department of Revenue. The disabled person shall receive the
homestead exemption upon meeting the following requirements:
(1) The property must be occupied as the primary

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residence by the disabled person.
(2) The disabled person must be liable for paying the
real estate taxes on the property.
(3) The disabled person must be an owner of record of
the property or have a legal or equitable interest in the
property as evidenced by a written instrument. In the case
of a leasehold interest in property, the lease must be for
a single family residence.
A person who is disabled during the taxable year is
eligible to apply for this homestead exemption during that
taxable year. Application must be made during the application
period in effect for the county of residence. If a homestead
exemption has been granted under this Section and the person
awarded the exemption subsequently becomes a resident of a
facility licensed under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
ID/DD Community Care Act, or the MC/DD Act, then the exemption
shall continue (i) so long as the residence continues to be
occupied by the qualifying person's spouse or (ii) if the
residence remains unoccupied but is still owned by the person
qualified for the homestead exemption.
(b) For the purposes of this Section, "disabled person"
means a person unable to engage in any substantial gainful
activity by reason of a medically determinable physical or
mental impairment which can be expected to result in death or
has lasted or can be expected to last for a continuous period

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of not less than 12 months. Disabled persons filing claims
under this Act shall submit proof of disability in such form
and manner as the Department shall by rule and regulation
prescribe. Proof that a claimant is eligible to receive
disability benefits under the Federal Social Security Act shall
constitute proof of disability for purposes of this Act.
Issuance of an Illinois Person with a Disability Identification
Card stating that the claimant is under a Class 2 disability,
as defined in Section 4A of the Illinois Identification Card
Act, shall constitute proof that the person named thereon is a
disabled person for purposes of this Act. A disabled person not
covered under the Federal Social Security Act and not
presenting an Illinois Person with a Disability Identification
Card stating that the claimant is under a Class 2 disability
shall be examined by a physician designated by the Department,
and his status as a disabled person determined using the same
standards as used by the Social Security Administration. The
costs of any required examination shall be borne by the
claimant.
(c) For land improved with (i) an apartment building owned
and operated as a cooperative or (ii) a life care facility as
defined under Section 2 of the Life Care Facilities Act that is
considered to be a cooperative, the maximum reduction from the
value of the property, as equalized or assessed by the
Department, shall be multiplied by the number of apartments or
units occupied by a disabled person. The disabled person shall

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receive the homestead exemption upon meeting the following
requirements:
(1) The property must be occupied as the primary
residence by the disabled person.
(2) The disabled person must be liable by contract with
the owner or owners of record for paying the apportioned
property taxes on the property of the cooperative or life
care facility. In the case of a life care facility, the
disabled person must be liable for paying the apportioned
property taxes under a life care contract as defined in
Section 2 of the Life Care Facilities Act.
(3) The disabled person must be an owner of record of a
legal or equitable interest in the cooperative apartment
building. A leasehold interest does not meet this
requirement.
If a homestead exemption is granted under this subsection, the
cooperative association or management firm shall credit the
savings resulting from the exemption to the apportioned tax
liability of the qualifying disabled person. The chief county
assessment officer may request reasonable proof that the
association or firm has properly credited the exemption. A
person who willfully refuses to credit an exemption to the
qualified disabled person is guilty of a Class B misdemeanor.
(d) The chief county assessment officer shall determine the
eligibility of property to receive the homestead exemption
according to guidelines established by the Department. After a

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person has received an exemption under this Section, an annual
verification of eligibility for the exemption shall be mailed
to the taxpayer.
In counties with fewer than 3,000,000 inhabitants, the
chief county assessment officer shall provide to each person
granted a homestead exemption under this Section a form to
designate any other person to receive a duplicate of any notice
of delinquency in the payment of taxes assessed and levied
under this Code on the person's qualifying property. The
duplicate notice shall be in addition to the notice required to
be provided to the person receiving the exemption and shall be
given in the manner required by this Code. The person filing
the request for the duplicate notice shall pay an
administrative fee of $5 to the chief county assessment
officer. The assessment officer shall then file the executed
designation with the county collector, who shall issue the
duplicate notices as indicated by the designation. A
designation may be rescinded by the disabled person in the
manner required by the chief county assessment officer.
(e) A taxpayer who claims an exemption under Section 15-165
or 15-169 may not claim an exemption under this Section.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-1064, eff. 1-1-13; 98-104, eff. 7-22-13.)
(35 ILCS 200/15-170)
Sec. 15-170. Senior Citizens Homestead Exemption. An

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annual homestead exemption limited, except as described here
with relation to cooperatives or life care facilities, to a
maximum reduction set forth below from the property's value, as
equalized or assessed by the Department, is granted for
property that is occupied as a residence by a person 65 years
of age or older who is liable for paying real estate taxes on
the property and is an owner of record of the property or has a
legal or equitable interest therein as evidenced by a written
instrument, except for a leasehold interest, other than a
leasehold interest of land on which a single family residence
is located, which is occupied as a residence by a person 65
years or older who has an ownership interest therein, legal,
equitable or as a lessee, and on which he or she is liable for
the payment of property taxes. Before taxable year 2004, the
maximum reduction shall be $2,500 in counties with 3,000,000 or
more inhabitants and $2,000 in all other counties. For taxable
years 2004 through 2005, the maximum reduction shall be $3,000
in all counties. For taxable years 2006 and 2007, the maximum
reduction shall be $3,500. For taxable years 2008 through 2011,
the maximum reduction is $4,000 in all counties. For taxable
year 2012, the maximum reduction is $5,000 in counties with
3,000,000 or more inhabitants and $4,000 in all other counties.
For taxable years 2013 and thereafter, the maximum reduction is
$5,000 in all counties.
For land improved with an apartment building owned and
operated as a cooperative, the maximum reduction from the value

HB2755 Engrossed - 403 - LRB099 08043 RPS 28187 b
of the property, as equalized by the Department, shall be
multiplied by the number of apartments or units occupied by a
person 65 years of age or older who is liable, by contract with
the owner or owners of record, for paying property taxes on the
property and is an owner of record of a legal or equitable
interest in the cooperative apartment building, other than a
leasehold interest. For land improved with a life care
facility, the maximum reduction from the value of the property,
as equalized by the Department, shall be multiplied by the
number of apartments or units occupied by persons 65 years of
age or older, irrespective of any legal, equitable, or
leasehold interest in the facility, who are liable, under a
contract with the owner or owners of record of the facility,
for paying property taxes on the property. In a cooperative or
a life care facility where a homestead exemption has been
granted, the cooperative association or the management firm of
the cooperative or facility shall credit the savings resulting
from that exemption only to the apportioned tax liability of
the owner or resident who qualified for the exemption. Any
person who willfully refuses to so credit the savings shall be
guilty of a Class B misdemeanor. Under this Section and
Sections 15-175, 15-176, and 15-177, "life care facility" means
a facility, as defined in Section 2 of the Life Care Facilities
Act, with which the applicant for the homestead exemption has a
life care contract as defined in that Act.
When a homestead exemption has been granted under this

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Section and the person qualifying subsequently becomes a
resident of a facility licensed under the Assisted Living and
Shared Housing Act, the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the ID/DD
Community Care Act, or the MC/DD Act, the exemption shall
continue so long as the residence continues to be occupied by
the qualifying person's spouse if the spouse is 65 years of age
or older, or if the residence remains unoccupied but is still
owned by the person qualified for the homestead exemption.
A person who will be 65 years of age during the current
assessment year shall be eligible to apply for the homestead
exemption during that assessment year. Application shall be
made during the application period in effect for the county of
his residence.
Beginning with assessment year 2003, for taxes payable in
2004, property that is first occupied as a residence after
January 1 of any assessment year by a person who is eligible
for the senior citizens homestead exemption under this Section
must be granted a pro-rata exemption for the assessment year.
The amount of the pro-rata exemption is the exemption allowed
in the county under this Section divided by 365 and multiplied
by the number of days during the assessment year the property
is occupied as a residence by a person eligible for the
exemption under this Section. The chief county assessment
officer must adopt reasonable procedures to establish
eligibility for this pro-rata exemption.

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The assessor or chief county assessment officer may
determine the eligibility of a life care facility to receive
the benefits provided by this Section, by affidavit,
application, visual inspection, questionnaire or other
reasonable methods in order to insure that the tax savings
resulting from the exemption are credited by the management
firm to the apportioned tax liability of each qualifying
resident. The assessor may request reasonable proof that the
management firm has so credited the exemption.
The chief county assessment officer of each county with
less than 3,000,000 inhabitants shall provide to each person
allowed a homestead exemption under this Section a form to
designate any other person to receive a duplicate of any notice
of delinquency in the payment of taxes assessed and levied
under this Code on the property of the person receiving the
exemption. The duplicate notice shall be in addition to the
notice required to be provided to the person receiving the
exemption, and shall be given in the manner required by this
Code. The person filing the request for the duplicate notice
shall pay a fee of $5 to cover administrative costs to the
supervisor of assessments, who shall then file the executed
designation with the county collector. Notwithstanding any
other provision of this Code to the contrary, the filing of
such an executed designation requires the county collector to
provide duplicate notices as indicated by the designation. A
designation may be rescinded by the person who executed such

HB2755 Engrossed - 406 - LRB099 08043 RPS 28187 b
designation at any time, in the manner and form required by the
chief county assessment officer.
The assessor or chief county assessment officer may
determine the eligibility of residential property to receive
the homestead exemption provided by this Section by
application, visual inspection, questionnaire or other
reasonable methods. The determination shall be made in
accordance with guidelines established by the Department.
In counties with 3,000,000 or more inhabitants, beginning
in taxable year 2010, each taxpayer who has been granted an
exemption under this Section must reapply on an annual basis.
The chief county assessment officer shall mail the application
to the taxpayer. In counties with less than 3,000,000
inhabitants, the county board may by resolution provide that if
a person has been granted a homestead exemption under this
Section, the person qualifying need not reapply for the
exemption.
In counties with less than 3,000,000 inhabitants, if the
assessor or chief county assessment officer requires annual
application for verification of eligibility for an exemption
once granted under this Section, the application shall be
mailed to the taxpayer.
The assessor or chief county assessment officer shall
notify each person who qualifies for an exemption under this
Section that the person may also qualify for deferral of real
estate taxes under the Senior Citizens Real Estate Tax Deferral

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Act. The notice shall set forth the qualifications needed for
deferral of real estate taxes, the address and telephone number
of county collector, and a statement that applications for
deferral of real estate taxes may be obtained from the county
collector.
Notwithstanding Sections 6 and 8 of the State Mandates Act,
no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-7, eff. 4-23-13; 98-104, eff. 7-22-13; 98-756,
eff. 7-16-14.)
(35 ILCS 200/15-172)
Sec. 15-172. Senior Citizens Assessment Freeze Homestead
Exemption.
(a) This Section may be cited as the Senior Citizens
Assessment Freeze Homestead Exemption.
(b) As used in this Section:
"Applicant" means an individual who has filed an
application under this Section.
"Base amount" means the base year equalized assessed value
of the residence plus the first year's equalized assessed value
of any added improvements which increased the assessed value of
the residence after the base year.
"Base year" means the taxable year prior to the taxable
year for which the applicant first qualifies and applies for

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the exemption provided that in the prior taxable year the
property was improved with a permanent structure that was
occupied as a residence by the applicant who was liable for
paying real property taxes on the property and who was either
(i) an owner of record of the property or had legal or
equitable interest in the property as evidenced by a written
instrument or (ii) had a legal or equitable interest as a
lessee in the parcel of property that was single family
residence. If in any subsequent taxable year for which the
applicant applies and qualifies for the exemption the equalized
assessed value of the residence is less than the equalized
assessed value in the existing base year (provided that such
equalized assessed value is not based on an assessed value that
results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years), then
that subsequent taxable year shall become the base year until a
new base year is established under the terms of this paragraph.
For taxable year 1999 only, the Chief County Assessment Officer
shall review (i) all taxable years for which the applicant
applied and qualified for the exemption and (ii) the existing
base year. The assessment officer shall select as the new base
year the year with the lowest equalized assessed value. An
equalized assessed value that is based on an assessed value
that results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years shall
not be considered the lowest equalized assessed value. The

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selected year shall be the base year for taxable year 1999 and
thereafter until a new base year is established under the terms
of this paragraph.
"Chief County Assessment Officer" means the County
Assessor or Supervisor of Assessments of the county in which
the property is located.
"Equalized assessed value" means the assessed value as
equalized by the Illinois Department of Revenue.
"Household" means the applicant, the spouse of the
applicant, and all persons using the residence of the applicant
as their principal place of residence.
"Household income" means the combined income of the members
of a household for the calendar year preceding the taxable
year.
"Income" has the same meaning as provided in Section 3.07
of the Senior Citizens and Disabled Persons Property Tax Relief
Act, except that, beginning in assessment year 2001, "income"
does not include veteran's benefits.
"Internal Revenue Code of 1986" means the United States
Internal Revenue Code of 1986 or any successor law or laws
relating to federal income taxes in effect for the year
preceding the taxable year.
"Life care facility that qualifies as a cooperative" means
a facility as defined in Section 2 of the Life Care Facilities
Act.
"Maximum income limitation" means:

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(1) $35,000 prior to taxable year 1999;
(2) $40,000 in taxable years 1999 through 2003;
(3) $45,000 in taxable years 2004 through 2005;
(4) $50,000 in taxable years 2006 and 2007; and
(5) $55,000 in taxable year 2008 and thereafter.
"Residence" means the principal dwelling place and
appurtenant structures used for residential purposes in this
State occupied on January 1 of the taxable year by a household
and so much of the surrounding land, constituting the parcel
upon which the dwelling place is situated, as is used for
residential purposes. If the Chief County Assessment Officer
has established a specific legal description for a portion of
property constituting the residence, then that portion of
property shall be deemed the residence for the purposes of this
Section.
"Taxable year" means the calendar year during which ad
valorem property taxes payable in the next succeeding year are
levied.
(c) Beginning in taxable year 1994, a senior citizens
assessment freeze homestead exemption is granted for real
property that is improved with a permanent structure that is
occupied as a residence by an applicant who (i) is 65 years of
age or older during the taxable year, (ii) has a household
income that does not exceed the maximum income limitation,
(iii) is liable for paying real property taxes on the property,
and (iv) is an owner of record of the property or has a legal or

HB2755 Engrossed - 411 - LRB099 08043 RPS 28187 b
equitable interest in the property as evidenced by a written
instrument. This homestead exemption shall also apply to a
leasehold interest in a parcel of property improved with a
permanent structure that is a single family residence that is
occupied as a residence by a person who (i) is 65 years of age
or older during the taxable year, (ii) has a household income
that does not exceed the maximum income limitation, (iii) has a
legal or equitable ownership interest in the property as
lessee, and (iv) is liable for the payment of real property
taxes on that property.
In counties of 3,000,000 or more inhabitants, the amount of
the exemption for all taxable years is the equalized assessed
value of the residence in the taxable year for which
application is made minus the base amount. In all other
counties, the amount of the exemption is as follows: (i)
through taxable year 2005 and for taxable year 2007 and
thereafter, the amount of this exemption shall be the equalized
assessed value of the residence in the taxable year for which
application is made minus the base amount; and (ii) for taxable
year 2006, the amount of the exemption is as follows:
(1) For an applicant who has a household income of
$45,000 or less, the amount of the exemption is the
equalized assessed value of the residence in the taxable
year for which application is made minus the base amount.
(2) For an applicant who has a household income
exceeding $45,000 but not exceeding $46,250, the amount of

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the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.8.
(3) For an applicant who has a household income
exceeding $46,250 but not exceeding $47,500, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.6.
(4) For an applicant who has a household income
exceeding $47,500 but not exceeding $48,750, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.4.
(5) For an applicant who has a household income
exceeding $48,750 but not exceeding $50,000, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.2.
When the applicant is a surviving spouse of an applicant
for a prior year for the same residence for which an exemption
under this Section has been granted, the base year and base
amount for that residence are the same as for the applicant for
the prior year.
Each year at the time the assessment books are certified to
the County Clerk, the Board of Review or Board of Appeals shall
give to the County Clerk a list of the assessed values of

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improvements on each parcel qualifying for this exemption that
were added after the base year for this parcel and that
increased the assessed value of the property.
In the case of land improved with an apartment building
owned and operated as a cooperative or a building that is a
life care facility that qualifies as a cooperative, the maximum
reduction from the equalized assessed value of the property is
limited to the sum of the reductions calculated for each unit
occupied as a residence by a person or persons (i) 65 years of
age or older, (ii) with a household income that does not exceed
the maximum income limitation, (iii) who is liable, by contract
with the owner or owners of record, for paying real property
taxes on the property, and (iv) who is an owner of record of a
legal or equitable interest in the cooperative apartment
building, other than a leasehold interest. In the instance of a
cooperative where a homestead exemption has been granted under
this Section, the cooperative association or its management
firm shall credit the savings resulting from that exemption
only to the apportioned tax liability of the owner who
qualified for the exemption. Any person who willfully refuses
to credit that savings to an owner who qualifies for the
exemption is guilty of a Class B misdemeanor.
When a homestead exemption has been granted under this
Section and an applicant then becomes a resident of a facility
licensed under the Assisted Living and Shared Housing Act, the
Nursing Home Care Act, the Specialized Mental Health

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Rehabilitation Act of 2013, or the ID/DD Community Care Act, or
the MC/DD Act, the exemption shall be granted in subsequent
years so long as the residence (i) continues to be occupied by
the qualified applicant's spouse or (ii) if remaining
unoccupied, is still owned by the qualified applicant for the
homestead exemption.
Beginning January 1, 1997, when an individual dies who
would have qualified for an exemption under this Section, and
the surviving spouse does not independently qualify for this
exemption because of age, the exemption under this Section
shall be granted to the surviving spouse for the taxable year
preceding and the taxable year of the death, provided that,
except for age, the surviving spouse meets all other
qualifications for the granting of this exemption for those
years.
When married persons maintain separate residences, the
exemption provided for in this Section may be claimed by only
one of such persons and for only one residence.
For taxable year 1994 only, in counties having less than
3,000,000 inhabitants, to receive the exemption, a person shall
submit an application by February 15, 1995 to the Chief County
Assessment Officer of the county in which the property is
located. In counties having 3,000,000 or more inhabitants, for
taxable year 1994 and all subsequent taxable years, to receive
the exemption, a person may submit an application to the Chief
County Assessment Officer of the county in which the property

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is located during such period as may be specified by the Chief
County Assessment Officer. The Chief County Assessment Officer
in counties of 3,000,000 or more inhabitants shall annually
give notice of the application period by mail or by
publication. In counties having less than 3,000,000
inhabitants, beginning with taxable year 1995 and thereafter,
to receive the exemption, a person shall submit an application
by July 1 of each taxable year to the Chief County Assessment
Officer of the county in which the property is located. A
county may, by ordinance, establish a date for submission of
applications that is different than July 1. The applicant shall
submit with the application an affidavit of the applicant's
total household income, age, marital status (and if married the
name and address of the applicant's spouse, if known), and
principal dwelling place of members of the household on January
1 of the taxable year. The Department shall establish, by rule,
a method for verifying the accuracy of affidavits filed by
applicants under this Section, and the Chief County Assessment
Officer may conduct audits of any taxpayer claiming an
exemption under this Section to verify that the taxpayer is
eligible to receive the exemption. Each application shall
contain or be verified by a written declaration that it is made
under the penalties of perjury. A taxpayer's signing a
fraudulent application under this Act is perjury, as defined in
Section 32-2 of the Criminal Code of 2012. The applications
shall be clearly marked as applications for the Senior Citizens

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Assessment Freeze Homestead Exemption and must contain a notice
that any taxpayer who receives the exemption is subject to an
audit by the Chief County Assessment Officer.
Notwithstanding any other provision to the contrary, in
counties having fewer than 3,000,000 inhabitants, if an
applicant fails to file the application required by this
Section in a timely manner and this failure to file is due to a
mental or physical condition sufficiently severe so as to
render the applicant incapable of filing the application in a
timely manner, the Chief County Assessment Officer may extend
the filing deadline for a period of 30 days after the applicant
regains the capability to file the application, but in no case
may the filing deadline be extended beyond 3 months of the
original filing deadline. In order to receive the extension
provided in this paragraph, the applicant shall provide the
Chief County Assessment Officer with a signed statement from
the applicant's physician stating the nature and extent of the
condition, that, in the physician's opinion, the condition was
so severe that it rendered the applicant incapable of filing
the application in a timely manner, and the date on which the
applicant regained the capability to file the application.
Beginning January 1, 1998, notwithstanding any other
provision to the contrary, in counties having fewer than
3,000,000 inhabitants, if an applicant fails to file the
application required by this Section in a timely manner and
this failure to file is due to a mental or physical condition

HB2755 Engrossed - 417 - LRB099 08043 RPS 28187 b
sufficiently severe so as to render the applicant incapable of
filing the application in a timely manner, the Chief County
Assessment Officer may extend the filing deadline for a period
of 3 months. In order to receive the extension provided in this
paragraph, the applicant shall provide the Chief County
Assessment Officer with a signed statement from the applicant's
physician stating the nature and extent of the condition, and
that, in the physician's opinion, the condition was so severe
that it rendered the applicant incapable of filing the
application in a timely manner.
In counties having less than 3,000,000 inhabitants, if an
applicant was denied an exemption in taxable year 1994 and the
denial occurred due to an error on the part of an assessment
official, or his or her agent or employee, then beginning in
taxable year 1997 the applicant's base year, for purposes of
determining the amount of the exemption, shall be 1993 rather
than 1994. In addition, in taxable year 1997, the applicant's
exemption shall also include an amount equal to (i) the amount
of any exemption denied to the applicant in taxable year 1995
as a result of using 1994, rather than 1993, as the base year,
(ii) the amount of any exemption denied to the applicant in
taxable year 1996 as a result of using 1994, rather than 1993,
as the base year, and (iii) the amount of the exemption
erroneously denied for taxable year 1994.
For purposes of this Section, a person who will be 65 years
of age during the current taxable year shall be eligible to

HB2755 Engrossed - 418 - LRB099 08043 RPS 28187 b
apply for the homestead exemption during that taxable year.
Application shall be made during the application period in
effect for the county of his or her residence.
The Chief County Assessment Officer may determine the
eligibility of a life care facility that qualifies as a
cooperative to receive the benefits provided by this Section by
use of an affidavit, application, visual inspection,
questionnaire, or other reasonable method in order to insure
that the tax savings resulting from the exemption are credited
by the management firm to the apportioned tax liability of each
qualifying resident. The Chief County Assessment Officer may
request reasonable proof that the management firm has so
credited that exemption.
Except as provided in this Section, all information
received by the chief county assessment officer or the
Department from applications filed under this Section, or from
any investigation conducted under the provisions of this
Section, shall be confidential, except for official purposes or
pursuant to official procedures for collection of any State or
local tax or enforcement of any civil or criminal penalty or
sanction imposed by this Act or by any statute or ordinance
imposing a State or local tax. Any person who divulges any such
information in any manner, except in accordance with a proper
judicial order, is guilty of a Class A misdemeanor.
Nothing contained in this Section shall prevent the
Director or chief county assessment officer from publishing or

HB2755 Engrossed - 419 - LRB099 08043 RPS 28187 b
making available reasonable statistics concerning the
operation of the exemption contained in this Section in which
the contents of claims are grouped into aggregates in such a
way that information contained in any individual claim shall
not be disclosed.
(d) Each Chief County Assessment Officer shall annually
publish a notice of availability of the exemption provided
under this Section. The notice shall be published at least 60
days but no more than 75 days prior to the date on which the
application must be submitted to the Chief County Assessment
Officer of the county in which the property is located. The
notice shall appear in a newspaper of general circulation in
the county.
Notwithstanding Sections 6 and 8 of the State Mandates Act,
no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-689,
eff. 6-14-12; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13;
98-104, eff. 7-22-13.)
Section 70. The Regional Transportation Authority Act is
amended by changing Section 4.03 as follows:
(70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
Sec. 4.03. Taxes.
(a) In order to carry out any of the powers or purposes of

HB2755 Engrossed - 420 - LRB099 08043 RPS 28187 b
the Authority, the Board may by ordinance adopted with the
concurrence of 12 of the then Directors, impose throughout the
metropolitan region any or all of the taxes provided in this
Section. Except as otherwise provided in this Act, taxes
imposed under this Section and civil penalties imposed incident
thereto shall be collected and enforced by the State Department
of Revenue. The Department shall have the power to administer
and enforce the taxes and to determine all rights for refunds
for erroneous payments of the taxes. Nothing in this amendatory
Act of the 95th General Assembly is intended to invalidate any
taxes currently imposed by the Authority. The increased vote
requirements to impose a tax shall only apply to actions taken
after the effective date of this amendatory Act of the 95th
General Assembly.
(b) The Board may impose a public transportation tax upon
all persons engaged in the metropolitan region in the business
of selling at retail motor fuel for operation of motor vehicles
upon public highways. The tax shall be at a rate not to exceed
5% of the gross receipts from the sales of motor fuel in the
course of the business. As used in this Act, the term "motor
fuel" shall have the same meaning as in the Motor Fuel Tax Law.
The Board may provide for details of the tax. The provisions of
any tax shall conform, as closely as may be practicable, to the
provisions of the Municipal Retailers Occupation Tax Act,
including without limitation, conformity to penalties with
respect to the tax imposed and as to the powers of the State

HB2755 Engrossed - 421 - LRB099 08043 RPS 28187 b
Department of Revenue to promulgate and enforce rules and
regulations relating to the administration and enforcement of
the provisions of the tax imposed, except that reference in the
Act to any municipality shall refer to the Authority and the
tax shall be imposed only with regard to receipts from sales of
motor fuel in the metropolitan region, at rates as limited by
this Section.
(c) In connection with the tax imposed under paragraph (b)
of this Section the Board may impose a tax upon the privilege
of using in the metropolitan region motor fuel for the
operation of a motor vehicle upon public highways, the tax to
be at a rate not in excess of the rate of tax imposed under
paragraph (b) of this Section. The Board may provide for
details of the tax.
(d) The Board may impose a motor vehicle parking tax upon
the privilege of parking motor vehicles at off-street parking
facilities in the metropolitan region at which a fee is
charged, and may provide for reasonable classifications in and
exemptions to the tax, for administration and enforcement
thereof and for civil penalties and refunds thereunder and may
provide criminal penalties thereunder, the maximum penalties
not to exceed the maximum criminal penalties provided in the
Retailers' Occupation Tax Act. The Authority may collect and
enforce the tax itself or by contract with any unit of local
government. The State Department of Revenue shall have no
responsibility for the collection and enforcement unless the

HB2755 Engrossed - 422 - LRB099 08043 RPS 28187 b
Department agrees with the Authority to undertake the
collection and enforcement. As used in this paragraph, the term
"parking facility" means a parking area or structure having
parking spaces for more than 2 vehicles at which motor vehicles
are permitted to park in return for an hourly, daily, or other
periodic fee, whether publicly or privately owned, but does not
include parking spaces on a public street, the use of which is
regulated by parking meters.
(e) The Board may impose a Regional Transportation
Authority Retailers' Occupation Tax upon all persons engaged in
the business of selling tangible personal property at retail in
the metropolitan region. In Cook County the tax rate shall be
1.25% of the gross receipts from sales of food for human
consumption that is to be consumed off the premises where it is
sold (other than alcoholic beverages, soft drinks and food that
has been prepared for immediate consumption) and prescription
and nonprescription medicines, drugs, medical appliances and
insulin, urine testing materials, syringes and needles used by
diabetics, and 1% of the gross receipts from other taxable
sales made in the course of that business. In DuPage, Kane,
Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
of the gross receipts from all taxable sales made in the course
of that business. The tax imposed under this Section and all
civil penalties that may be assessed as an incident thereof
shall be collected and enforced by the State Department of
Revenue. The Department shall have full power to administer and

HB2755 Engrossed - 423 - LRB099 08043 RPS 28187 b
enforce this Section; to collect all taxes and penalties so
collected in the manner hereinafter provided; and to determine
all rights to credit memoranda arising on account of the
erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with this Section, the
Department and persons who are subject to this Section shall
have the same rights, remedies, privileges, immunities, powers
and duties, and be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions
and definitions of terms, and employ the same modes of
procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
therein other than the State rate of tax), 2c, 3 (except as to
the disposition of taxes and penalties collected), 4, 5, 5a,
5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8,
9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and
Section 3-7 of the Uniform Penalty and Interest Act, as fully
as if those provisions were set forth herein.
Persons subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
seller's tax liability hereunder by separately stating the tax
as an additional charge, which charge may be stated in
combination in a single amount with State taxes that sellers
are required to collect under the Use Tax Act, under any
bracket schedules the Department may prescribe.
Whenever the Department determines that a refund should be

HB2755 Engrossed - 424 - LRB099 08043 RPS 28187 b
made under this Section to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Regional Transportation Authority tax fund
established under paragraph (n) of this Section.
If a tax is imposed under this subsection (e), a tax shall
also be imposed under subsections (f) and (g) of this Section.
For the purpose of determining whether a tax authorized
under this Section is applicable, a retail sale by a producer
of coal or other mineral mined in Illinois, is a sale at retail
at the place where the coal or other mineral mined in Illinois
is extracted from the earth. This paragraph does not apply to
coal or other mineral when it is delivered or shipped by the
seller to the purchaser at a point outside Illinois so that the
sale is exempt under the Federal Constitution as a sale in
interstate or foreign commerce.
No tax shall be imposed or collected under this subsection
on the sale of a motor vehicle in this State to a resident of
another state if that motor vehicle will not be titled in this
State.
Nothing in this Section shall be construed to authorize the
Regional Transportation Authority to impose a tax upon the
privilege of engaging in any business that under the
Constitution of the United States may not be made the subject

HB2755 Engrossed - 425 - LRB099 08043 RPS 28187 b
of taxation by this State.
(f) If a tax has been imposed under paragraph (e), a
Regional Transportation Authority Service Occupation Tax shall
also be imposed upon all persons engaged, in the metropolitan
region in the business of making sales of service, who as an
incident to making the sales of service, transfer tangible
personal property within the metropolitan region, either in the
form of tangible personal property or in the form of real
estate as an incident to a sale of service. In Cook County, the
tax rate shall be: (1) 1.25% of the serviceman's cost price of
food prepared for immediate consumption and transferred
incident to a sale of service subject to the service occupation
tax by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act, or
the MC/DD Act that is located in the metropolitan region; (2)
1.25% of the selling price of food for human consumption that
is to be consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks and food that has been
prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances and
insulin, urine testing materials, syringes and needles used by
diabetics; and (3) 1% of the selling price from other taxable
sales of tangible personal property transferred. In DuPage,
Kane, Lake, McHenry and Will Counties the rate shall be 0.75%
of the selling price of all tangible personal property

HB2755 Engrossed - 426 - LRB099 08043 RPS 28187 b
transferred.
The tax imposed under this paragraph and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the State Department of Revenue. The
Department shall have full power to administer and enforce this
paragraph; to collect all taxes and penalties due hereunder; to
dispose of taxes and penalties collected in the manner
hereinafter provided; and to determine all rights to credit
memoranda arising on account of the erroneous payment of tax or
penalty hereunder. In the administration of and compliance with
this paragraph, the Department and persons who are subject to
this paragraph shall have the same rights, remedies,
privileges, immunities, powers and duties, and be subject to
the same conditions, restrictions, limitations, penalties,
exclusions, exemptions and definitions of terms, and employ the
same modes of procedure, as are prescribed in Sections 1a-1, 2,
2a, 3 through 3-50 (in respect to all provisions therein other
than the State rate of tax), 4 (except that the reference to
the State shall be to the Authority), 5, 7, 8 (except that the
jurisdiction to which the tax shall be a debt to the extent
indicated in that Section 8 shall be the Authority), 9 (except
as to the disposition of taxes and penalties collected, and
except that the returned merchandise credit for this tax may
not be taken against any State tax), 10, 11, 12 (except the
reference therein to Section 2b of the Retailers' Occupation
Tax Act), 13 (except that any reference to the State shall mean

HB2755 Engrossed - 427 - LRB099 08043 RPS 28187 b
the Authority), the first paragraph of Section 15, 16, 17, 18,
19 and 20 of the Service Occupation Tax Act and Section 3-7 of
the Uniform Penalty and Interest Act, as fully as if those
provisions were set forth herein.
Persons subject to any tax imposed under the authority
granted in this paragraph may reimburse themselves for their
serviceman's tax liability hereunder by separately stating the
tax as an additional charge, that charge may be stated in
combination in a single amount with State tax that servicemen
are authorized to collect under the Service Use Tax Act, under
any bracket schedules the Department may prescribe.
Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Regional Transportation Authority tax fund
established under paragraph (n) of this Section.
Nothing in this paragraph shall be construed to authorize
the Authority to impose a tax upon the privilege of engaging in
any business that under the Constitution of the United States
may not be made the subject of taxation by the State.
(g) If a tax has been imposed under paragraph (e), a tax
shall also be imposed upon the privilege of using in the
metropolitan region, any item of tangible personal property

HB2755 Engrossed - 428 - LRB099 08043 RPS 28187 b
that is purchased outside the metropolitan region at retail
from a retailer, and that is titled or registered with an
agency of this State's government. In Cook County the tax rate
shall be 1% of the selling price of the tangible personal
property, as "selling price" is defined in the Use Tax Act. In
DuPage, Kane, Lake, McHenry and Will counties the tax rate
shall be 0.75% of the selling price of the tangible personal
property, as "selling price" is defined in the Use Tax Act. The
tax shall be collected from persons whose Illinois address for
titling or registration purposes is given as being in the
metropolitan region. The tax shall be collected by the
Department of Revenue for the Regional Transportation
Authority. The tax must be paid to the State, or an exemption
determination must be obtained from the Department of Revenue,
before the title or certificate of registration for the
property may be issued. The tax or proof of exemption may be
transmitted to the Department by way of the State agency with
which, or the State officer with whom, the tangible personal
property must be titled or registered if the Department and the
State agency or State officer determine that this procedure
will expedite the processing of applications for title or
registration.
The Department shall have full power to administer and
enforce this paragraph; to collect all taxes, penalties and
interest due hereunder; to dispose of taxes, penalties and
interest collected in the manner hereinafter provided; and to

HB2755 Engrossed - 429 - LRB099 08043 RPS 28187 b
determine all rights to credit memoranda or refunds arising on
account of the erroneous payment of tax, penalty or interest
hereunder. In the administration of and compliance with this
paragraph, the Department and persons who are subject to this
paragraph shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties, exclusions,
exemptions and definitions of terms and employ the same modes
of procedure, as are prescribed in Sections 2 (except the
definition of "retailer maintaining a place of business in this
State"), 3 through 3-80 (except provisions pertaining to the
State rate of tax, and except provisions concerning collection
or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
19 (except the portions pertaining to claims by retailers and
except the last paragraph concerning refunds), 20, 21 and 22 of
the Use Tax Act, and are not inconsistent with this paragraph,
as fully as if those provisions were set forth herein.
Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Regional Transportation Authority tax fund
established under paragraph (n) of this Section.
(h) The Authority may impose a replacement vehicle tax of

HB2755 Engrossed - 430 - LRB099 08043 RPS 28187 b
$50 on any passenger car as defined in Section 1-157 of the
Illinois Vehicle Code purchased within the metropolitan region
by or on behalf of an insurance company to replace a passenger
car of an insured person in settlement of a total loss claim.
The tax imposed may not become effective before the first day
of the month following the passage of the ordinance imposing
the tax and receipt of a certified copy of the ordinance by the
Department of Revenue. The Department of Revenue shall collect
the tax for the Authority in accordance with Sections 3-2002
and 3-2003 of the Illinois Vehicle Code.
The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes collected
hereunder.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this Section
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to the Authority. The
amount to be paid to the Authority shall be the amount

HB2755 Engrossed - 431 - LRB099 08043 RPS 28187 b
collected hereunder during the second preceding calendar month
by the Department, less any amount determined by the Department
to be necessary for the payment of refunds, and less any
amounts that are transferred to the STAR Bonds Revenue Fund.
Within 10 days after receipt by the Comptroller of the
disbursement certification to the Authority provided for in
this Section to be given to the Comptroller by the Department,
the Comptroller shall cause the orders to be drawn for that
amount in accordance with the directions contained in the
certification.
(i) The Board may not impose any other taxes except as it
may from time to time be authorized by law to impose.
(j) A certificate of registration issued by the State
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act or under the Service Occupation Tax Act
shall permit the registrant to engage in a business that is
taxed under the tax imposed under paragraphs (b), (e), (f) or
(g) of this Section and no additional registration shall be
required under the tax. A certificate issued under the Use Tax
Act or the Service Use Tax Act shall be applicable with regard
to any tax imposed under paragraph (c) of this Section.
(k) The provisions of any tax imposed under paragraph (c)
of this Section shall conform as closely as may be practicable
to the provisions of the Use Tax Act, including without
limitation conformity as to penalties with respect to the tax
imposed and as to the powers of the State Department of Revenue

HB2755 Engrossed - 432 - LRB099 08043 RPS 28187 b
to promulgate and enforce rules and regulations relating to the
administration and enforcement of the provisions of the tax
imposed. The taxes shall be imposed only on use within the
metropolitan region and at rates as provided in the paragraph.
(l) The Board in imposing any tax as provided in paragraphs
(b) and (c) of this Section, shall, after seeking the advice of
the State Department of Revenue, provide means for retailers,
users or purchasers of motor fuel for purposes other than those
with regard to which the taxes may be imposed as provided in
those paragraphs to receive refunds of taxes improperly paid,
which provisions may be at variance with the refund provisions
as applicable under the Municipal Retailers Occupation Tax Act.
The State Department of Revenue may provide for certificates of
registration for users or purchasers of motor fuel for purposes
other than those with regard to which taxes may be imposed as
provided in paragraphs (b) and (c) of this Section to
facilitate the reporting and nontaxability of the exempt sales
or uses.
(m) Any ordinance imposing or discontinuing any tax under
this Section shall be adopted and a certified copy thereof
filed with the Department on or before June 1, whereupon the
Department of Revenue shall proceed to administer and enforce
this Section on behalf of the Regional Transportation Authority
as of September 1 next following such adoption and filing.
Beginning January 1, 1992, an ordinance or resolution imposing
or discontinuing the tax hereunder shall be adopted and a

HB2755 Engrossed - 433 - LRB099 08043 RPS 28187 b
certified copy thereof filed with the Department on or before
the first day of July, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of
October next following such adoption and filing. Beginning
January 1, 1993, an ordinance or resolution imposing,
increasing, decreasing, or discontinuing the tax hereunder
shall be adopted and a certified copy thereof filed with the
Department, whereupon the Department shall proceed to
administer and enforce this Section as of the first day of the
first month to occur not less than 60 days following such
adoption and filing. Any ordinance or resolution of the
Authority imposing a tax under this Section and in effect on
August 1, 2007 shall remain in full force and effect and shall
be administered by the Department of Revenue under the terms
and conditions and rates of tax established by such ordinance
or resolution until the Department begins administering and
enforcing an increased tax under this Section as authorized by
this amendatory Act of the 95th General Assembly. The tax rates
authorized by this amendatory Act of the 95th General Assembly
are effective only if imposed by ordinance of the Authority.
(n) The State Department of Revenue shall, upon collecting
any taxes as provided in this Section, pay the taxes over to
the State Treasurer as trustee for the Authority. The taxes
shall be held in a trust fund outside the State Treasury. On or
before the 25th day of each calendar month, the State
Department of Revenue shall prepare and certify to the

HB2755 Engrossed - 434 - LRB099 08043 RPS 28187 b
Comptroller of the State of Illinois and to the Authority (i)
the amount of taxes collected in each County other than Cook
County in the metropolitan region, (ii) the amount of taxes
collected within the City of Chicago, and (iii) the amount
collected in that portion of Cook County outside of Chicago,
each amount less the amount necessary for the payment of
refunds to taxpayers located in those areas described in items
(i), (ii), and (iii). Within 10 days after receipt by the
Comptroller of the certification of the amounts, the
Comptroller shall cause an order to be drawn for the payment of
two-thirds of the amounts certified in item (i) of this
subsection to the Authority and one-third of the amounts
certified in item (i) of this subsection to the respective
counties other than Cook County and the amount certified in
items (ii) and (iii) of this subsection to the Authority.
In addition to the disbursement required by the preceding
paragraph, an allocation shall be made in July 1991 and each
year thereafter to the Regional Transportation Authority. The
allocation shall be made in an amount equal to the average
monthly distribution during the preceding calendar year
(excluding the 2 months of lowest receipts) and the allocation
shall include the amount of average monthly distribution from
the Regional Transportation Authority Occupation and Use Tax
Replacement Fund. The distribution made in July 1992 and each
year thereafter under this paragraph and the preceding
paragraph shall be reduced by the amount allocated and

HB2755 Engrossed - 435 - LRB099 08043 RPS 28187 b
disbursed under this paragraph in the preceding calendar year.
The Department of Revenue shall prepare and certify to the
Comptroller for disbursement the allocations made in
accordance with this paragraph.
(o) Failure to adopt a budget ordinance or otherwise to
comply with Section 4.01 of this Act or to adopt a Five-year
Capital Program or otherwise to comply with paragraph (b) of
Section 2.01 of this Act shall not affect the validity of any
tax imposed by the Authority otherwise in conformity with law.
(p) At no time shall a public transportation tax or motor
vehicle parking tax authorized under paragraphs (b), (c) and
(d) of this Section be in effect at the same time as any
retailers' occupation, use or service occupation tax
authorized under paragraphs (e), (f) and (g) of this Section is
in effect.
Any taxes imposed under the authority provided in
paragraphs (b), (c) and (d) shall remain in effect only until
the time as any tax authorized by paragraphs (e), (f) or (g) of
this Section are imposed and becomes effective. Once any tax
authorized by paragraphs (e), (f) or (g) is imposed the Board
may not reimpose taxes as authorized in paragraphs (b), (c) and
(d) of the Section unless any tax authorized by paragraphs (e),
(f) or (g) of this Section becomes ineffective by means other
than an ordinance of the Board.
(q) Any existing rights, remedies and obligations
(including enforcement by the Regional Transportation

HB2755 Engrossed - 436 - LRB099 08043 RPS 28187 b
Authority) arising under any tax imposed under paragraphs (b),
(c) or (d) of this Section shall not be affected by the
imposition of a tax under paragraphs (e), (f) or (g) of this
Section.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 75. The Alternative Health Care Delivery Act is
amended by changing Section 15 as follows:
(210 ILCS 3/15)
Sec. 15. License required. No health care facility or
program that meets the definition and scope of an alternative
health care model shall operate as such unless it is a
participant in a demonstration program under this Act and
licensed by the Department as an alternative health care model.
The provisions of this Act concerning children's
community-based health care centers shall not apply to any
facility licensed under the Hospital Licensing Act, the Nursing
Home Care Act, the Specialized Mental Health Rehabilitation Act
of 2013, the ID/DD Community Care Act, the MC/DD Act, or the
University of Illinois Hospital Act that provides respite care
services to children.
(Source: P.A. 97-38, eff. 6-28-11; 97-135, eff. 7-14-11;
97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 98-629, eff.
1-1-15.)

HB2755 Engrossed - 437 - LRB099 08043 RPS 28187 b
Section 80. The Ambulatory Surgical Treatment Center Act is
amended by changing Section 3 as follows:
(210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)
Sec. 3. As used in this Act, unless the context otherwise
requires, the following words and phrases shall have the
meanings ascribed to them:
(A) "Ambulatory surgical treatment center" means any
institution, place or building devoted primarily to the
maintenance and operation of facilities for the performance of
surgical procedures. "Ambulatory surgical treatment center"
includes any place that meets and complies with the definition
of an ambulatory surgical treatment center under the rules
adopted by the Department or any facility in which a medical or
surgical procedure is utilized to terminate a pregnancy,
irrespective of whether the facility is devoted primarily to
this purpose. Such facility shall not provide beds or other
accommodations for the overnight stay of patients; however,
facilities devoted exclusively to the treatment of children may
provide accommodations and beds for their patients for up to 23
hours following admission. Individual patients shall be
discharged in an ambulatory condition without danger to the
continued well being of the patients or shall be transferred to
a hospital.
The term "ambulatory surgical treatment center" does not

HB2755 Engrossed - 438 - LRB099 08043 RPS 28187 b
include any of the following:
(1) Any institution, place, building or agency
required to be licensed pursuant to the "Hospital Licensing
Act", approved July 1, 1953, as amended.
(2) Any person or institution required to be licensed
pursuant to the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the ID/DD
Community Care Act, or the MC/DD Act.
(3) Hospitals or ambulatory surgical treatment centers
maintained by the State or any department or agency
thereof, where such department or agency has authority
under law to establish and enforce standards for the
hospitals or ambulatory surgical treatment centers under
its management and control.
(4) Hospitals or ambulatory surgical treatment centers
maintained by the Federal Government or agencies thereof.
(5) Any place, agency, clinic, or practice, public or
private, whether organized for profit or not, devoted
exclusively to the performance of dental or oral surgical
procedures.
(B) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
or the legal successor thereof.
(C) "Department" means the Department of Public Health of
the State of Illinois.
(D) "Director" means the Director of the Department of

HB2755 Engrossed - 439 - LRB099 08043 RPS 28187 b
Public Health of the State of Illinois.
(E) "Physician" means a person licensed to practice
medicine in all of its branches in the State of Illinois.
(F) "Dentist" means a person licensed to practice dentistry
under the Illinois Dental Practice Act.
(G) "Podiatric physician" means a person licensed to
practice podiatry under the Podiatric Medical Practice Act of
1987.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-214, eff. 8-9-13; 98-1123, eff. 1-1-15.)
Section 85. The Assisted Living and Shared Housing Act is
amended by changing Sections 10, 35, 55, and 145 as follows:
(210 ILCS 9/10)
Sec. 10. Definitions. For purposes of this Act:
"Activities of daily living" means eating, dressing,
bathing, toileting, transferring, or personal hygiene.
"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

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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: 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

HB2755 Engrossed - 441 - LRB099 08043 RPS 28187 b
Nursing Home Care Act, a facility licensed under the
Specialized Mental Health Rehabilitation Act of 2013, or a
facility licensed under the ID/DD Community Care Act, or a
facility licensed under the MC/DD Act. However, a facility
licensed under any 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.

HB2755 Engrossed - 442 - LRB099 08043 RPS 28187 b
(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.

HB2755 Engrossed - 443 - LRB099 08043 RPS 28187 b
"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

HB2755 Engrossed - 444 - LRB099 08043 RPS 28187 b
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.

HB2755 Engrossed - 445 - LRB099 08043 RPS 28187 b
"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

HB2755 Engrossed - 446 - LRB099 08043 RPS 28187 b
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 facility licensed under the
Specialized Mental Health Rehabilitation Act of 2013, or a
facility licensed under the ID/DD Community Care Act, or a
facility licensed under the MC/DD Act. A facility licensed
under any 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

HB2755 Engrossed - 447 - LRB099 08043 RPS 28187 b
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. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(210 ILCS 9/35)
Sec. 35. Issuance of license.

HB2755 Engrossed - 448 - LRB099 08043 RPS 28187 b
(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, the Nursing
Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care
Act, or the MC/DD 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;
(3) that the establishment has staff sufficient in

HB2755 Engrossed - 449 - LRB099 08043 RPS 28187 b
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 all employees who are subject to the Health
Care Worker Background Check Act meet the requirements of
that 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 Disease and Related Dementias 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 managing
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 Sections 40 and 45. Each license

HB2755 Engrossed - 450 - LRB099 08043 RPS 28187 b
shall be issued only for the premises and persons named in the
application, and shall not be transferable or assignable.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(210 ILCS 9/55)
Sec. 55. Grounds for denial of a license. An application
for a license may be denied for any of the following reasons:
(1) failure to meet any of the standards set forth in
this Act or by rules adopted by the Department under this
Act;
(2) conviction of the applicant, or if the applicant is
a firm, partnership, or association, of any of its members,
or if a corporation, the conviction of the corporation or
any of its officers or stockholders, or of the person
designated to manage or supervise the establishment, of a
felony or of 2 or more misdemeanors involving moral
turpitude during the previous 5 years as shown by a
certified copy of the record of the court of conviction;
(3) personnel insufficient in number or unqualified by
training or experience to properly care for the residents;
(4) insufficient financial or other resources to
operate and conduct the establishment in accordance with
standards adopted by the Department under this Act;
(5) revocation of a license during the previous 5
years, if such prior license was issued to the individual

HB2755 Engrossed - 451 - LRB099 08043 RPS 28187 b
applicant, a controlling owner or controlling combination
of owners of the applicant; or any affiliate of the
individual applicant or controlling owner of the applicant
and such individual applicant, controlling owner of the
applicant or affiliate of the applicant was a controlling
owner of the prior license; provided, however, that the
denial of an application for a license pursuant to this
Section must be supported by evidence that the prior
revocation renders the applicant unqualified or incapable
of meeting or maintaining an establishment in accordance
with the standards and rules adopted by the Department
under this Act; or
(6) the establishment is not under the direct
supervision of a full-time director, as defined by rule.
The Department shall deny an application for a license if 6
months after submitting its initial application the applicant
has not provided the Department with all of the information
required for review and approval or the applicant is not
actively pursuing the processing of its application. In
addition, the Department shall determine whether the applicant
has violated any provision of the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
ID/DD Community Care Act, or the MC/DD Act.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)

HB2755 Engrossed - 452 - LRB099 08043 RPS 28187 b
(210 ILCS 9/145)
Sec. 145. Conversion of facilities. Entities licensed as
facilities under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the ID/DD
Community Care Act, or the MC/DD Act may elect to convert to a
license under this Act. Any facility that chooses to convert,
in whole or in part, shall follow the requirements in the
Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act, or
the MC/DD Act, as applicable, and rules promulgated under those
Acts regarding voluntary closure and notice to residents. Any
conversion of existing beds licensed under the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act of
2013, or the ID/DD Community Care Act, or the MC/DD Act to
licensure under this Act is exempt from review by the Health
Facilities and Services Review Board.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 90. The Abuse Prevention Review Team Act is amended
by changing Sections 10 and 50 as follows:
(210 ILCS 28/10)
Sec. 10. Definitions. As used in this Act, unless the
context requires otherwise:
"Department" means the Department of Public Health.

HB2755 Engrossed - 453 - LRB099 08043 RPS 28187 b
"Director" means the Director of Public Health.
"Executive Council" means the Illinois Residential Health
Care Facility Resident Sexual Assault and Death Review Teams
Executive Council.
"Resident" means a person residing in and receiving
personal care from a facility licensed under the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act of
2013, or the ID/DD Community Care Act, or the MC/DD Act.
"Review team" means a residential health care facility
resident sexual assault and death review team appointed under
this Act.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(210 ILCS 28/50)
Sec. 50. Funding. Notwithstanding any other provision of
law, to the extent permitted by federal law, the Department
shall use moneys from fines paid by facilities licensed under
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act, or
the MC/DD Act for violating requirements for certification
under Titles XVIII and XIX of the Social Security Act to
implement the provisions of this Act. The Department shall use
moneys deposited in the Long Term Care Monitor/Receiver Fund to
pay the costs of implementing this Act that cannot be met by
the use of federal civil monetary penalties.

HB2755 Engrossed - 454 - LRB099 08043 RPS 28187 b
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 95. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing
Sections 3, 4, and 6 as follows:
(210 ILCS 30/3) (from Ch. 111 1/2, par. 4163)
Sec. 3. As used in this Act unless the context otherwise
requires:
a. "Department" means the Department of Public Health of
the State of Illinois.
b. "Resident" means a person residing in and receiving
personal care from a long term care facility, or residing in a
mental health facility or developmental disability facility as
defined in the Mental Health and Developmental Disabilities
Code.
c. "Long term care facility" has the same meaning ascribed
to such term in the Nursing Home Care Act, except that the term
as used in this Act shall include any mental health facility or
developmental disability facility as defined in the Mental
Health and Developmental Disabilities Code. The term also
includes any facility licensed under the ID/DD Community Care
Act, the MC/DD Act, or the Specialized Mental Health
Rehabilitation Act of 2013.
d. "Abuse" means any physical injury, sexual abuse or

HB2755 Engrossed - 455 - LRB099 08043 RPS 28187 b
mental injury inflicted on a resident other than by accidental
means.
e. "Neglect" means a failure in a long term care facility
to provide adequate medical or personal care or maintenance,
which failure results in physical or mental injury to a
resident or in the deterioration of a resident's physical or
mental condition.
f. "Protective services" means services provided to a
resident who has been abused or neglected, which may include,
but are not limited to alternative temporary institutional
placement, nursing care, counseling, other social services
provided at the nursing home where the resident resides or at
some other facility, personal care and such protective services
of voluntary agencies as are available.
g. Unless the context otherwise requires, direct or
indirect references in this Act to the programs, personnel,
facilities, services, service providers, or service recipients
of the Department of Human Services shall be construed to refer
only to those programs, personnel, facilities, services,
service providers, or service recipients that pertain to the
Department of Human Services' mental health and developmental
disabilities functions.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)

HB2755 Engrossed - 456 - LRB099 08043 RPS 28187 b
Sec. 4. Any long term care facility administrator, agent or
employee or any physician, hospital, surgeon, dentist,
osteopath, chiropractor, podiatric physician, accredited
religious practitioner who provides treatment by spiritual
means alone through prayer in accordance with the tenets and
practices of the accrediting church, coroner, social worker,
social services administrator, registered nurse, law
enforcement officer, field personnel of the Department of
Healthcare and Family Services, field personnel of the Illinois
Department of Public Health and County or Municipal Health
Departments, personnel of the Department of Human Services
(acting as the successor to the Department of Mental Health and
Developmental Disabilities or the Department of Public Aid),
personnel of the Guardianship and Advocacy Commission,
personnel of the State Fire Marshal, local fire department
inspectors or other personnel, or personnel of the Illinois
Department on Aging, or its subsidiary Agencies on Aging, or
employee of a facility licensed under the Assisted Living and
Shared Housing Act, having reasonable cause to believe any
resident with whom they have direct contact has been subjected
to abuse or neglect shall immediately report or cause a report
to be made to the Department. Persons required to make reports
or cause reports to be made under this Section include all
employees of the State of Illinois who are involved in
providing services to residents, including professionals
providing medical or rehabilitation services and all other

HB2755 Engrossed - 457 - LRB099 08043 RPS 28187 b
persons having direct contact with residents; and further
include all employees of community service agencies who provide
services to a resident of a public or private long term care
facility outside of that facility. Any long term care surveyor
of the Illinois Department of Public Health who has reasonable
cause to believe in the course of a survey that a resident has
been abused or neglected and initiates an investigation while
on site at the facility shall be exempt from making a report
under this Section but the results of any such investigation
shall be forwarded to the central register in a manner and form
described by the Department.
The requirement of this Act shall not relieve any long term
care facility administrator, agent or employee of
responsibility to report the abuse or neglect of a resident
under Section 3-610 of the Nursing Home Care Act or under
Section 3-610 of the ID/DD Community Care Act or under Section
3-610 of the MC/DD Act or under Section 2-107 of the
Specialized Mental Health Rehabilitation Act of 2013.
In addition to the above persons required to report
suspected resident abuse and neglect, any other person may make
a report to the Department, or to any law enforcement officer,
if such person has reasonable cause to suspect a resident has
been abused or neglected.
This Section also applies to residents whose death occurs
from suspected abuse or neglect before being found or brought
to a hospital.

HB2755 Engrossed - 458 - LRB099 08043 RPS 28187 b
A person required to make reports or cause reports to be
made under this Section who fails to comply with the
requirements of this Section is guilty of a Class A
misdemeanor.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;
98-756, eff. 7-16-14.)
(210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
Sec. 6. All reports of suspected abuse or neglect made
under this Act shall be made immediately by telephone to the
Department's central register established under Section 14 on
the single, State-wide, toll-free telephone number established
under Section 13, or in person or by telephone through the
nearest Department office. No long term care facility
administrator, agent or employee, or any other person, shall
screen reports or otherwise withhold any reports from the
Department, and no long term care facility, department of State
government, or other agency shall establish any rules,
criteria, standards or guidelines to the contrary. Every long
term care facility, department of State government and other
agency whose employees are required to make or cause to be made
reports under Section 4 shall notify its employees of the
provisions of that Section and of this Section, and provide to
the Department documentation that such notification has been
given. The Department of Human Services shall train all of its

HB2755 Engrossed - 459 - LRB099 08043 RPS 28187 b
mental health and developmental disabilities employees in the
detection and reporting of suspected abuse and neglect of
residents. Reports made to the central register through the
State-wide, toll-free telephone number shall be transmitted to
appropriate Department offices and municipal health
departments that have responsibility for licensing long term
care facilities under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
ID/DD Community Care Act, or the MC/DD Act. All reports
received through offices of the Department shall be forwarded
to the central register, in a manner and form described by the
Department. The Department shall be capable of receiving
reports of suspected abuse and neglect 24 hours a day, 7 days a
week. Reports shall also be made in writing deposited in the
U.S. mail, postage prepaid, within 24 hours after having
reasonable cause to believe that the condition of the resident
resulted from abuse or neglect. Such reports may in addition be
made to the local law enforcement agency in the same manner.
However, in the event a report is made to the local law
enforcement agency, the reporter also shall immediately so
inform the Department. The Department shall initiate an
investigation of each report of resident abuse and neglect
under this Act, whether oral or written, as provided for in
Section 3-702 of the Nursing Home Care Act, Section 2-208 of
the Specialized Mental Health Rehabilitation Act of 2013, or
Section 3-702 of the ID/DD Community Care Act, or Section 3-702

HB2755 Engrossed - 460 - LRB099 08043 RPS 28187 b
of the MC/DD Act, except that reports of abuse which indicate
that a resident's life or safety is in imminent danger shall be
investigated within 24 hours of such report. The Department may
delegate to law enforcement officials or other public agencies
the duty to perform such investigation.
With respect to investigations of reports of suspected
abuse or neglect of residents of mental health and
developmental disabilities institutions under the jurisdiction
of the Department of Human Services, the Department shall
transmit copies of such reports to the Department of State
Police, the Department of Human Services, and the Inspector
General appointed under Section 1-17 of the Department of Human
Services Act. If the Department receives a report of suspected
abuse or neglect of a recipient of services as defined in
Section 1-123 of the Mental Health and Developmental
Disabilities Code, the Department shall transmit copies of such
report to the Inspector General and the Directors of the
Guardianship and Advocacy Commission and the agency designated
by the Governor pursuant to the Protection and Advocacy for
Developmentally Disabled Persons Act. When requested by the
Director of the Guardianship and Advocacy Commission, the
agency designated by the Governor pursuant to the Protection
and Advocacy for Developmentally Disabled Persons Act, or the
Department of Financial and Professional Regulation, the
Department, the Department of Human Services and the Department
of State Police shall make available a copy of the final

HB2755 Engrossed - 461 - LRB099 08043 RPS 28187 b
investigative report regarding investigations conducted by
their respective agencies on incidents of suspected abuse or
neglect of residents of mental health and developmental
disabilities institutions or individuals receiving services at
community agencies under the jurisdiction of the Department of
Human Services. Such final investigative report shall not
contain witness statements, investigation notes, draft
summaries, results of lie detector tests, investigative files
or other raw data which was used to compile the final
investigative report. Specifically, the final investigative
report of the Department of State Police shall mean the
Director's final transmittal letter. The Department of Human
Services shall also make available a copy of the results of
disciplinary proceedings of employees involved in incidents of
abuse or neglect to the Directors. All identifiable information
in reports provided shall not be further disclosed except as
provided by the Mental Health and Developmental Disabilities
Confidentiality Act. Nothing in this Section is intended to
limit or construe the power or authority granted to the agency
designated by the Governor pursuant to the Protection and
Advocacy for Developmentally Disabled Persons Act, pursuant to
any other State or federal statute.
With respect to investigations of reported resident abuse
or neglect, the Department shall effect with appropriate law
enforcement agencies formal agreements concerning methods and
procedures for the conduct of investigations into the criminal

HB2755 Engrossed - 462 - LRB099 08043 RPS 28187 b
histories of any administrator, staff assistant or employee of
the nursing home or other person responsible for the residents
care, as well as for other residents in the nursing home who
may be in a position to abuse, neglect or exploit the patient.
Pursuant to the formal agreements entered into with appropriate
law enforcement agencies, the Department may request
information with respect to whether the person or persons set
forth in this paragraph have ever been charged with a crime and
if so, the disposition of those charges. Unless the criminal
histories of the subjects involved crimes of violence or
resident abuse or neglect, the Department shall be entitled
only to information limited in scope to charges and their
dispositions. In cases where prior crimes of violence or
resident abuse or neglect are involved, a more detailed report
can be made available to authorized representatives of the
Department, pursuant to the agreements entered into with
appropriate law enforcement agencies. Any criminal charges and
their disposition information obtained by the Department shall
be confidential and may not be transmitted outside the
Department, except as required herein, to authorized
representatives or delegates of the Department, and may not be
transmitted to anyone within the Department who is not duly
authorized to handle resident abuse or neglect investigations.
The Department shall effect formal agreements with
appropriate law enforcement agencies in the various counties
and communities to encourage cooperation and coordination in

HB2755 Engrossed - 463 - LRB099 08043 RPS 28187 b
the handling of resident abuse or neglect cases pursuant to
this Act. The Department shall adopt and implement methods and
procedures to promote statewide uniformity in the handling of
reports of abuse and neglect under this Act, and those methods
and procedures shall be adhered to by personnel of the
Department involved in such investigations and reporting. The
Department shall also make information required by this Act
available to authorized personnel within the Department, as
well as its authorized representatives.
The Department shall keep a continuing record of all
reports made pursuant to this Act, including indications of the
final determination of any investigation and the final
disposition of all reports.
The Department shall report annually to the General
Assembly on the incidence of abuse and neglect of long term
care facility residents, with special attention to residents
who are mentally disabled. The report shall include but not be
limited to data on the number and source of reports of
suspected abuse or neglect filed under this Act, the nature of
any injuries to residents, the final determination of
investigations, the type and number of cases where abuse or
neglect is determined to exist, and the final disposition of
cases.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)

HB2755 Engrossed - 464 - LRB099 08043 RPS 28187 b
Section 100. The Nursing Home Care Act is amended by
changing Sections 1-113, 2-201.5, and 3-202.5 as follows:
(210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
Sec. 1-113. "Facility" or "long-term care facility" means a
private home, institution, building, residence, or any other
place, whether operated for profit or not, or a county home for
the infirm and chronically ill operated pursuant to Division
5-21 or 5-22 of the Counties Code, or any similar institution
operated by a political subdivision of the State of Illinois,
which provides, through its ownership or management, personal
care, sheltered care or nursing for 3 or more persons, not
related to the applicant or owner by blood or marriage. It
includes skilled nursing facilities and intermediate care
facilities as those terms are defined in Title XVIII and Title
XIX of the Federal Social Security Act. It also includes homes,
institutions, or other places operated by or under the
authority of the Illinois Department of Veterans' Affairs.
"Facility" does not include the following:
(1) A home, institution, or other place operated by the
federal government or agency thereof, or by the State of
Illinois, other than homes, institutions, or other places
operated by or under the authority of the Illinois
Department of Veterans' Affairs;
(2) A hospital, sanitarium, or other institution whose
principal activity or business is the diagnosis, care, and

HB2755 Engrossed - 465 - LRB099 08043 RPS 28187 b
treatment of human illness through the maintenance and
operation as organized facilities therefor, which is
required to be licensed under the Hospital Licensing Act;
(3) Any "facility for child care" as defined in the
Child Care Act of 1969;
(4) Any "Community Living Facility" as defined in the
Community Living Facilities Licensing Act;
(5) Any "community residential alternative" as defined
in the Community Residential Alternatives Licensing Act;
(6) Any nursing home or sanatorium operated solely by
and for persons who rely exclusively upon treatment by
spiritual means through prayer, in accordance with the
creed or tenets of any well-recognized church or religious
denomination. However, such nursing home or sanatorium
shall comply with all local laws and rules relating to
sanitation and safety;
(7) Any 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) Any "Supportive Residence" licensed under the
Supportive Residences Licensing Act;
(9) Any "supportive living facility" in good standing
with the program established under Section 5-5.01a of the
Illinois Public Aid Code, except only for purposes of the
employment of persons in accordance with Section 3-206.01;

HB2755 Engrossed - 466 - LRB099 08043 RPS 28187 b
(10) Any assisted living or shared housing
establishment licensed under the Assisted Living and
Shared Housing Act, except only for purposes of the
employment of persons in accordance with Section 3-206.01;
(11) An Alzheimer's disease management center
alternative health care model licensed under the
Alternative Health Care Delivery Act;
(12) A facility licensed under the ID/DD Community Care
Act; or
(13) A facility licensed under the Specialized Mental
Health Rehabilitation Act of 2013; or .
(14) A facility licensed under the MC/DD Act.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(210 ILCS 45/2-201.5)
Sec. 2-201.5. Screening prior to admission.
(a) All persons age 18 or older seeking admission to a
nursing facility must be screened to determine the need for
nursing facility services prior to being admitted, regardless
of income, assets, or funding source. Screening for nursing
facility services shall be administered through procedures
established by administrative rule. Screening may be done by
agencies other than the Department as established by
administrative rule. This Section applies on and after July 1,
1996. No later than October 1, 2010, the Department of

HB2755 Engrossed - 467 - LRB099 08043 RPS 28187 b
Healthcare and Family Services, in collaboration with the
Department on Aging, the Department of Human Services, and the
Department of Public Health, shall file administrative rules
providing for the gathering, during the screening process, of
information relevant to determining each person's potential
for placing other residents, employees, and visitors at risk of
harm.
(a-1) Any screening performed pursuant to subsection (a) of
this Section shall include a determination of whether any
person is being considered for admission to a nursing facility
due to a need for mental health services. For a person who
needs mental health services, the screening shall also include
an evaluation of whether there is permanent supportive housing,
or an array of community mental health services, including but
not limited to supported housing, assertive community
treatment, and peer support services, that would enable the
person to live in the community. The person shall be told about
the existence of any such services that would enable the person
to live safely and humanely and about available appropriate
nursing home services that would enable the person to live
safely and humanely, and the person shall be given the
assistance necessary to avail himself or herself of any
available services.
(a-2) Pre-screening for persons with a serious mental
illness shall be performed by a psychiatrist, a psychologist, a
registered nurse certified in psychiatric nursing, a licensed

HB2755 Engrossed - 468 - LRB099 08043 RPS 28187 b
clinical professional counselor, or a licensed clinical social
worker, who is competent to (i) perform a clinical assessment
of the individual, (ii) certify a diagnosis, (iii) make a
determination about the individual's current need for
treatment, including substance abuse treatment, and recommend
specific treatment, and (iv) determine whether a facility or a
community-based program is able to meet the needs of the
individual.
For any person entering a nursing facility, the
pre-screening agent shall make specific recommendations about
what care and services the individual needs to receive,
beginning at admission, to attain or maintain the individual's
highest level of independent functioning and to live in the
most integrated setting appropriate for his or her physical and
personal care and developmental and mental health needs. These
recommendations shall be revised as appropriate by the
pre-screening or re-screening agent based on the results of
resident review and in response to changes in the resident's
wishes, needs, and interest in transition.
Upon the person entering the nursing facility, the
Department of Human Services or its designee shall assist the
person in establishing a relationship with a community mental
health agency or other appropriate agencies in order to (i)
promote the person's transition to independent living and (ii)
support the person's progress in meeting individual goals.
(a-3) The Department of Human Services, by rule, shall

HB2755 Engrossed - 469 - LRB099 08043 RPS 28187 b
provide for a prohibition on conflicts of interest for
pre-admission screeners. The rule shall provide for waiver of
those conflicts by the Department of Human Services if the
Department of Human Services determines that a scarcity of
qualified pre-admission screeners exists in a given community
and that, absent a waiver of conflicts, an insufficient number
of pre-admission screeners would be available. If a conflict is
waived, the pre-admission screener shall disclose the conflict
of interest to the screened individual in the manner provided
for by rule of the Department of Human Services. For the
purposes of this subsection, a "conflict of interest" includes,
but is not limited to, the existence of a professional or
financial relationship between (i) a PAS-MH corporate or a
PAS-MH agent and (ii) a community provider or long-term care
facility.
(b) In addition to the screening required by subsection
(a), a facility, except for those licensed under the MC/DD Act
as long term care for under age 22 facilities, shall, within 24
hours after admission, request a criminal history background
check pursuant to the Uniform Conviction Information Act for
all persons age 18 or older seeking admission to the facility,
unless a background check was initiated by a hospital pursuant
to subsection (d) of Section 6.09 of the Hospital Licensing
Act. Background checks conducted pursuant to this Section shall
be based on the resident's name, date of birth, and other
identifiers as required by the Department of State Police. If

HB2755 Engrossed - 470 - LRB099 08043 RPS 28187 b
the results of the background check are inconclusive, the
facility shall initiate a fingerprint-based check, unless the
fingerprint check is waived by the Director of Public Health
based on verification by the facility that the resident is
completely immobile or that the resident meets other criteria
related to the resident's health or lack of potential risk
which may be established by Departmental rule. A waiver issued
pursuant to this Section shall be valid only while the resident
is immobile or while the criteria supporting the waiver exist.
The facility shall provide for or arrange for any required
fingerprint-based checks to be taken on the premises of the
facility. If a fingerprint-based check is required, the
facility shall arrange for it to be conducted in a manner that
is respectful of the resident's dignity and that minimizes any
emotional or physical hardship to the resident.
(c) If the results of a resident's criminal history
background check reveal that the resident is an identified
offender as defined in Section 1-114.01, the facility shall do
the following:
(1) Immediately notify the Department of State Police,
in the form and manner required by the Department of State
Police, in collaboration with the Department of Public
Health, that the resident is an identified offender.
(2) Within 72 hours, arrange for a fingerprint-based
criminal history record inquiry to be requested on the
identified offender resident. The inquiry shall be based on

HB2755 Engrossed - 471 - LRB099 08043 RPS 28187 b
the subject's name, sex, race, date of birth, fingerprint
images, and other identifiers required by the Department of
State Police. The inquiry shall be processed through the
files of the Department of State Police and the Federal
Bureau of Investigation to locate any criminal history
record information that may exist regarding the subject.
The Federal Bureau of Investigation shall furnish to the
Department of State Police, pursuant to an inquiry under
this paragraph (2), any criminal history record
information contained in its files.
The facility shall comply with all applicable provisions
contained in the Uniform Conviction Information Act.
All name-based and fingerprint-based criminal history
record inquiries shall be submitted to the Department of State
Police electronically in the form and manner prescribed by the
Department of State Police. The Department of State Police may
charge the facility a fee for processing name-based and
fingerprint-based criminal history record inquiries. The fee
shall be deposited into the State Police Services Fund. The fee
shall not exceed the actual cost of processing the inquiry.
(d) (Blank).
(e) The Department shall develop and maintain a
de-identified database of residents who have injured facility
staff, facility visitors, or other residents, and the attendant
circumstances, solely for the purposes of evaluating and
improving resident pre-screening and assessment procedures

HB2755 Engrossed - 472 - LRB099 08043 RPS 28187 b
(including the Criminal History Report prepared under Section
2-201.6) and the adequacy of Department requirements
concerning the provision of care and services to residents. A
resident shall not be listed in the database until a Department
survey confirms the accuracy of the listing. The names of
persons listed in the database and information that would allow
them to be individually identified shall not be made public.
Neither the Department nor any other agency of State government
may use information in the database to take any action against
any individual, licensee, or other entity, unless the
Department or agency receives the information independent of
this subsection (e). All information collected, maintained, or
developed under the authority of this subsection (e) for the
purposes of the database maintained under this subsection (e)
shall be treated in the same manner as information that is
subject to Part 21 of Article VIII of the Code of Civil
Procedure.
(Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)
(210 ILCS 45/3-202.5)
Sec. 3-202.5. Facility plan review; fees.
(a) Before commencing construction of a new facility or
specified types of alteration or additions to an existing long
term care facility involving major construction, as defined by
rule by the Department, with an estimated cost greater than
$100,000, architectural drawings and specifications for the

HB2755 Engrossed - 473 - LRB099 08043 RPS 28187 b
facility shall be submitted to the Department for review and
approval. A facility may submit architectural drawings and
specifications for other construction projects for Department
review according to subsection (b) that shall not be subject to
fees under subsection (d). Review of drawings and
specifications shall be conducted by an employee of the
Department meeting the qualifications established by the
Department of Central Management Services class specifications
for such an individual's position or by a person contracting
with the Department who meets those class specifications. Final
approval of the drawings and specifications for compliance with
design and construction standards shall be obtained from the
Department before the alteration, addition, or new
construction is begun.
(b) The Department shall inform an applicant in writing
within 10 working days after receiving drawings and
specifications and the required fee, if any, from the applicant
whether the applicant's submission is complete or incomplete.
Failure to provide the applicant with this notice within 10
working days shall result in the submission being deemed
complete for purposes of initiating the 60-day review period
under this Section. If the submission is incomplete, the
Department shall inform the applicant of the deficiencies with
the submission in writing. If the submission is complete the
required fee, if any, has been paid, the Department shall
approve or disapprove drawings and specifications submitted to

HB2755 Engrossed - 474 - LRB099 08043 RPS 28187 b
the Department no later than 60 days following receipt by the
Department. The drawings and specifications shall be of
sufficient detail, as provided by Department rule, to enable
the Department to render a determination of compliance with
design and construction standards under this Act. If the
Department finds that the drawings are not of sufficient detail
for it to render a determination of compliance, the plans shall
be determined to be incomplete and shall not be considered for
purposes of initiating the 60 day review period. If a
submission of drawings and specifications is incomplete, the
applicant may submit additional information. The 60-day review
period shall not commence until the Department determines that
a submission of drawings and specifications is complete or the
submission is deemed complete. If the Department has not
approved or disapproved the drawings and specifications within
60 days, the construction, major alteration, or addition shall
be deemed approved. If the drawings and specifications are
disapproved, the Department shall state in writing, with
specificity, the reasons for the disapproval. The entity
submitting the drawings and specifications may submit
additional information in response to the written comments from
the Department or request a reconsideration of the disapproval.
A final decision of approval or disapproval shall be made
within 45 days of the receipt of the additional information or
reconsideration request. If denied, the Department shall state
the specific reasons for the denial.

HB2755 Engrossed - 475 - LRB099 08043 RPS 28187 b
(c) The Department shall provide written approval for
occupancy pursuant to subsection (g) and shall not issue a
violation to a facility as a result of a licensure or complaint
survey based upon the facility's physical structure if:
(1) the Department reviewed and approved or deemed
approved the drawings and specifications for compliance
with design and construction standards;
(2) the construction, major alteration, or addition
was built as submitted;
(3) the law or rules have not been amended since the
original approval; and
(4) the conditions at the facility indicate that there
is a reasonable degree of safety provided for the
residents.
(d) The Department shall charge the following fees in
connection with its reviews conducted before June 30, 2004
under this Section:
(1) (Blank).
(2) (Blank).
(3) If the estimated dollar value of the alteration,
addition, or new construction is $100,000 or more but less
than $500,000, the fee shall be the greater of $2,400 or
1.2% of that value.
(4) If the estimated dollar value of the alteration,
addition, or new construction is $500,000 or more but less
than $1,000,000, the fee shall be the greater of $6,000 or

HB2755 Engrossed - 476 - LRB099 08043 RPS 28187 b
0.96% of that value.
(5) If the estimated dollar value of the alteration,
addition, or new construction is $1,000,000 or more but
less than $5,000,000, the fee shall be the greater of
$9,600 or 0.22% of that value.
(6) If the estimated dollar value of the alteration,
addition, or new construction is $5,000,000 or more, the
fee shall be the greater of $11,000 or 0.11% of that value,
but shall not exceed $40,000.
The fees provided in this subsection (d) shall not apply to
major construction projects involving facility changes that
are required by Department rule amendments.
The fees provided in this subsection (d) shall also not
apply to major construction projects if 51% or more of the
estimated cost of the project is attributed to capital
equipment. For major construction projects where 51% or more of
the estimated cost of the project is attributed to capital
equipment, the Department shall by rule establish a fee that is
reasonably related to the cost of reviewing the project.
The Department shall not commence the facility plan review
process under this Section until the applicable fee has been
paid.
(e) All fees received by the Department under this Section
shall be deposited into the Health Facility Plan Review Fund, a
special fund created in the State Treasury. All fees paid by
long-term care facilities under subsection (d) shall be used

HB2755 Engrossed - 477 - LRB099 08043 RPS 28187 b
only to cover the costs relating to the Department's review of
long-term care facility projects under this Section. Moneys
shall be appropriated from that Fund to the Department only to
pay the costs of conducting reviews under this Section or under
Section 3-202.5 of the ID/DD Community Care Act or Section
3-202.5 of the MC/DD Act. None of the moneys in the Health
Facility Plan Review Fund shall be used to reduce the amount of
General Revenue Fund moneys appropriated to the Department for
facility plan reviews conducted pursuant to this Section.
(f)(1) The provisions of this amendatory Act of 1997
concerning drawings and specifications shall apply only to
drawings and specifications submitted to the Department on or
after October 1, 1997.
(2) On and after the effective date of this amendatory Act
of 1997 and before October 1, 1997, an applicant may submit or
resubmit drawings and specifications to the Department and pay
the fees provided in subsection (d). If an applicant pays the
fees provided in subsection (d) under this paragraph (2), the
provisions of subsection (b) shall apply with regard to those
drawings and specifications.
(g) The Department shall conduct an on-site inspection of
the completed project no later than 30 days after notification
from the applicant that the project has been completed and all
certifications required by the Department have been received
and accepted by the Department. The Department shall provide
written approval for occupancy to the applicant within 5

HB2755 Engrossed - 478 - LRB099 08043 RPS 28187 b
working days of the Department's final inspection, provided the
applicant has demonstrated substantial compliance as defined
by Department rule. Occupancy of new major construction is
prohibited until Department approval is received, unless the
Department has not acted within the time frames provided in
this subsection (g), in which case the construction shall be
deemed approved. Occupancy shall be authorized after any
required health inspection by the Department has been
conducted.
(h) The Department shall establish, by rule, a procedure to
conduct interim on-site review of large or complex construction
projects.
(i) The Department shall establish, by rule, an expedited
process for emergency repairs or replacement of like equipment.
(j) Nothing in this Section shall be construed to apply to
maintenance, upkeep, or renovation that does not affect the
structural integrity of the building, does not add beds or
services over the number for which the long-term care facility
is licensed, and provides a reasonable degree of safety for the
residents.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 105. The ID/DD Community Care Act is amended by
changing Sections 1-101.05 and 1-113 as follows:

HB2755 Engrossed - 479 - LRB099 08043 RPS 28187 b
(210 ILCS 47/1-101.05)
Sec. 1-101.05. Prior law.
(a) This Act provides for licensure of intermediate care
facilities for the developmentally disabled and long-term care
for under age 22 facilities under this Act instead of under the
Nursing Home Care Act. On and after the effective date of this
Act, those facilities shall be governed by this Act instead of
the Nursing Home Care Act.
On and after the effective date of this amendatory Act of
the 99th General Assembly, long-term care for under age 22
facilities shall be known as medically complex for the
developmentally disabled facilities and governed by the MC/DD
Act instead of this Act.
(b) If any other Act of the General Assembly changes, adds,
or repeals a provision of the Nursing Home Care Act that is the
same as or substantially similar to a provision of this Act,
then that change, addition, or repeal in the Nursing Home Care
Act shall be construed together with this Act until July 1,
2010 and not thereafter.
(c) Nothing in this Act affects the validity or effect of
any finding, decision, or action made or taken by the
Department or the Director under the Nursing Home Care Act
before the effective date of this Act with respect to a
facility subject to licensure under this Act. That finding,
decision, or action shall continue to apply to the facility on
and after the effective date of this Act. Any finding,

HB2755 Engrossed - 480 - LRB099 08043 RPS 28187 b
decision, or action with respect to the facility made or taken
on or after the effective date of this Act shall be made or
taken as provided in this Act.
(Source: P.A. 96-339, eff. 7-1-10; 96-1187, eff. 7-22-10.)
(210 ILCS 47/1-113)
Sec. 1-113. Facility. "ID/DD facility" or "facility" means
an intermediate care facility for the developmentally disabled
or a long-term care for under age 22 facility, whether operated
for profit or not, which provides, through its ownership or
management, personal care or nursing for 3 or more persons not
related to the applicant or owner by blood or marriage. It
includes intermediate care facilities for the intellectually
disabled as the term is defined in Title XVIII and Title XIX of
the federal Social Security Act.
"Facility" does not include the following:
(1) A home, institution, or other place operated by the
federal government or agency thereof, or by the State of
Illinois, other than homes, institutions, or other places
operated by or under the authority of the Illinois
Department of Veterans' Affairs;
(2) A hospital, sanitarium, or other institution whose
principal activity or business is the diagnosis, care, and
treatment of human illness through the maintenance and
operation as organized facilities therefore, which is
required to be licensed under the Hospital Licensing Act;

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(3) Any "facility for child care" as defined in the
Child Care Act of 1969;
(4) Any "community living facility" as defined in the
Community Living Facilities Licensing Act;
(5) Any "community residential alternative" as defined
in the Community Residential Alternatives Licensing Act;
(6) Any nursing home or sanatorium operated solely by
and for persons who rely exclusively upon treatment by
spiritual means through prayer, in accordance with the
creed or tenets of any well recognized church or religious
denomination. However, such nursing home or sanatorium
shall comply with all local laws and rules relating to
sanitation and safety;
(7) Any 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) Any "supportive residence" licensed under the
Supportive Residences Licensing Act;
(9) Any "supportive living facility" in good standing
with the program established under Section 5-5.01a of the
Illinois Public Aid Code, except only for purposes of the
employment of persons in accordance with Section 3-206.01;
(10) Any assisted living or shared housing
establishment licensed under the Assisted Living and
Shared Housing Act, except only for purposes of the

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employment of persons in accordance with Section 3-206.01;
(11) An Alzheimer's disease management center
alternative health care model licensed under the
Alternative Health Care Delivery Act; or
(12) A home, institution, or other place operated by or
under the authority of the Illinois Department of Veterans'
Affairs; or .
(13) Any MC/DD facility licensed under the MC/DD Act.
(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10;
97-227, eff. 1-1-12.)
(210 ILCS 47/2-218 rep.)
Section 110. The ID/DD Community Care Act is amended by
repealing Section 2-218.
Section 115. The Specialized Mental Health Rehabilitation
Act of 2013 is amended by changing Section 1-102 as follows:
(210 ILCS 49/1-102)
Sec. 1-102. Definitions. For the purposes of this Act,
unless the context otherwise requires:
"Abuse" means any physical or mental injury or sexual
assault inflicted on a consumer other than by accidental means
in a facility.
"Accreditation" means any of the following:
(1) the Joint Commission;

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(2) the Commission on Accreditation of Rehabilitation
Facilities;
(3) the Healthcare Facilities Accreditation Program;
or
(4) any other national standards of care as approved by
the Department.
"Applicant" means any person making application for a
license or a provisional license under this Act.
"Consumer" means a person, 18 years of age or older,
admitted to a mental health rehabilitation facility for
evaluation, observation, diagnosis, treatment, stabilization,
recovery, and rehabilitation.
"Consumer" does not mean any of the following:
(i) an individual requiring a locked setting;
(ii) an individual requiring psychiatric
hospitalization because of an acute psychiatric crisis;
(iii) an individual under 18 years of age;
(iv) an individual who is actively suicidal or violent
toward others;
(v) an individual who has been found unfit to stand
trial;
(vi) an individual who has been found not guilty by
reason of insanity based on committing a violent act, such
as sexual assault, assault with a deadly weapon, arson, or
murder;
(vii) an individual subject to temporary detention and

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examination under Section 3-607 of the Mental Health and
Developmental Disabilities Code;
(viii) an individual deemed clinically appropriate for
inpatient admission in a State psychiatric hospital; and
(ix) an individual transferred by the Department of
Corrections pursuant to Section 3-8-5 of the Unified Code
of Corrections.
"Consumer record" means a record that organizes all
information on the care, treatment, and rehabilitation
services rendered to a consumer in a specialized mental health
rehabilitation facility.
"Controlled drugs" means those drugs covered under the
federal Comprehensive Drug Abuse Prevention Control Act of
1970, as amended, or the Illinois Controlled Substances Act.
"Department" means the Department of Public Health.
"Discharge" means the full release of any consumer from a
facility.
"Drug administration" means the act in which a single dose
of a prescribed drug or biological is given to a consumer. The
complete act of administration entails removing an individual
dose from a container, verifying the dose with the prescriber's
orders, giving the individual dose to the consumer, and
promptly recording the time and dose given.
"Drug dispensing" means the act entailing the following of
a prescription order for a drug or biological and proper
selection, measuring, packaging, labeling, and issuance of the

HB2755 Engrossed - 485 - LRB099 08043 RPS 28187 b
drug or biological to a consumer.
"Emergency" means a situation, physical condition, or one
or more practices, methods, or operations which present
imminent danger of death or serious physical or mental harm to
consumers of a facility.
"Facility" means a specialized mental health
rehabilitation facility that provides at least one of the
following services: (1) triage center; (2) crisis
stabilization; (3) recovery and rehabilitation supports; or
(4) transitional living units for 3 or more persons. The
facility shall provide a 24-hour program that provides
intensive support and recovery services designed to assist
persons, 18 years or older, with mental disorders to develop
the skills to become self-sufficient and capable of increasing
levels of independent functioning. It includes facilities that
meet the following criteria:
(1) 100% of the consumer population of the facility has
a diagnosis of serious mental illness;
(2) no more than 15% of the consumer population of the
facility is 65 years of age or older;
(3) none of the consumers are non-ambulatory;
(4) none of the consumers have a primary diagnosis of
moderate, severe, or profound intellectual disability; and
(5) the facility must have been licensed under the
Specialized Mental Health Rehabilitation Act or the
Nursing Home Care Act immediately preceding the effective

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date of this Act and qualifies as a institute for mental
disease under the federal definition of the term.
"Facility" does not include the following:
(1) a home, institution, or place operated by the
federal government or agency thereof, or by the State of
Illinois;
(2) a hospital, sanitarium, or other institution whose
principal activity or business is the diagnosis, care, and
treatment of human illness through the maintenance and
operation as organized facilities therefor which is
required to be licensed under the Hospital Licensing Act;
(3) a facility for child care as defined in the Child
Care Act of 1969;
(4) a community living facility as defined in the
Community Living Facilities Licensing Act;
(5) a nursing home or sanatorium operated solely by and
for persons who rely exclusively upon treatment by
spiritual means through prayer, in accordance with the
creed or tenets of any well-recognized church or religious
denomination; however, such nursing home or sanatorium
shall comply with all local laws and rules relating to
sanitation and safety;
(6) 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;

HB2755 Engrossed - 487 - LRB099 08043 RPS 28187 b
(7) a supportive residence licensed under the
Supportive Residences Licensing Act;
(8) a supportive living facility in good standing with
the program established under Section 5-5.01a of the
Illinois Public Aid Code, except only for purposes of the
employment of persons in accordance with Section 3-206.01
of the Nursing Home Care Act;
(9) an assisted living or shared housing establishment
licensed under the Assisted Living and Shared Housing Act,
except only for purposes of the employment of persons in
accordance with Section 3-206.01 of the Nursing Home Care
Act;
(10) an Alzheimer's disease management center
alternative health care model licensed under the
Alternative Health Care Delivery Act;
(11) a home, institution, or other place operated by or
under the authority of the Illinois Department of Veterans'
Affairs;
(12) a facility licensed under the ID/DD Community Care
Act; or
(13) a facility licensed under the Nursing Home Care
Act after the effective date of this Act; or .
(14) a facility licensed under the MC/DD Act.
"Executive director" means a person who is charged with the
general administration and supervision of a facility licensed
under this Act.

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"Guardian" means a person appointed as a guardian of the
person or guardian of the estate, or both, of a consumer under
the Probate Act of 1975.
"Identified offender" means a person who meets any of the
following criteria:
(1) Has been convicted of, found guilty of, adjudicated
delinquent for, found not guilty by reason of insanity for,
or found unfit to stand trial for, any felony offense
listed in Section 25 of the Health Care Worker Background
Check Act, except for the following:
(i) a felony offense described in Section 10-5 of
the Nurse Practice Act;
(ii) a felony offense described in Section 4, 5, 6,
8, or 17.02 of the Illinois Credit Card and Debit Card
Act;
(iii) a felony offense described in Section 5, 5.1,
5.2, 7, or 9 of the Cannabis Control Act;
(iv) a felony offense described in Section 401,
401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
Controlled Substances Act; and
(v) a felony offense described in the
Methamphetamine Control and Community Protection Act.
(2) Has been convicted of, adjudicated delinquent for,
found not guilty by reason of insanity for, or found unfit
to stand trial for, any sex offense as defined in
subsection (c) of Section 10 of the Sex Offender Management

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Board Act.
"Transitional living units" are residential units within a
facility that have the purpose of assisting the consumer in
developing and reinforcing the necessary skills to live
independently outside of the facility. The duration of stay in
such a setting shall not exceed 120 days for each consumer.
Nothing in this definition shall be construed to be a
prerequisite for transitioning out of a facility.
"Licensee" means the person, persons, firm, partnership,
association, organization, company, corporation, or business
trust to which a license has been issued.
"Misappropriation of a consumer's property" means the
deliberate misplacement, exploitation, or wrongful temporary
or permanent use of a consumer's belongings or money without
the consent of a consumer or his or her guardian.
"Neglect" means a facility's failure to provide, or willful
withholding of, adequate medical care, mental health
treatment, psychiatric rehabilitation, personal care, or
assistance that is necessary to avoid physical harm and mental
anguish of a consumer.
"Personal care" means assistance with meals, dressing,
movement, bathing, or other personal needs, maintenance, or
general supervision and oversight of the physical and mental
well-being of an individual who is incapable of maintaining a
private, independent residence or who is incapable of managing
his or her person, whether or not a guardian has been appointed

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for such individual. "Personal care" shall not be construed to
confine or otherwise constrain a facility's pursuit to develop
the skills and abilities of a consumer to become
self-sufficient and capable of increasing levels of
independent functioning.
"Recovery and rehabilitation supports" means a program
that facilitates a consumer's longer-term symptom management
and stabilization while preparing the consumer for
transitional living units by improving living skills and
community socialization. The duration of stay in such a setting
shall be established by the Department by rule.
"Restraint" means:
(i) a physical restraint that is any manual method or
physical or mechanical device, material, or equipment
attached or adjacent to a consumer's body that the consumer
cannot remove easily and restricts freedom of movement or
normal access to one's body; devices used for positioning,
including, but not limited to, bed rails, gait belts, and
cushions, shall not be considered to be restraints for
purposes of this Section; or
(ii) a chemical restraint that is any drug used for
discipline or convenience and not required to treat medical
symptoms; the Department shall, by rule, designate certain
devices as restraints, including at least all those devices
that have been determined to be restraints by the United
States Department of Health and Human Services in

HB2755 Engrossed - 491 - LRB099 08043 RPS 28187 b
interpretive guidelines issued for the purposes of
administering Titles XVIII and XIX of the federal Social
Security Act. For the purposes of this Act, restraint shall
be administered only after utilizing a coercive free
environment and culture.
"Self-administration of medication" means consumers shall
be responsible for the control, management, and use of their
own medication.
"Crisis stabilization" means a secure and separate unit
that provides short-term behavioral, emotional, or psychiatric
crisis stabilization as an alternative to hospitalization or
re-hospitalization for consumers from residential or community
placement. The duration of stay in such a setting shall not
exceed 21 days for each consumer.
"Therapeutic separation" means the removal of a consumer
from the milieu to a room or area which is designed to aid in
the emotional or psychiatric stabilization of that consumer.
"Triage center" means a non-residential 23-hour center
that serves as an alternative to emergency room care,
hospitalization, or re-hospitalization for consumers in need
of short-term crisis stabilization. Consumers may access a
triage center from a number of referral sources, including
family, emergency rooms, hospitals, community behavioral
health providers, federally qualified health providers, or
schools, including colleges or universities. A triage center
may be located in a building separate from the licensed

HB2755 Engrossed - 492 - LRB099 08043 RPS 28187 b
location of a facility, but shall not be more than 1,000 feet
from the licensed location of the facility and must meet all of
the facility standards applicable to the licensed location. If
the triage center does operate in a separate building, safety
personnel shall be provided, on site, 24 hours per day and the
triage center shall meet all other staffing requirements
without counting any staff employed in the main facility
building.
(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14.)
Section 120. The Home Health, Home Services, and Home
Nursing Agency Licensing Act is amended by changing Section
2.08 as follows:
(210 ILCS 55/2.08)
Sec. 2.08. "Home services agency" means an agency that
provides services directly, or acts as a placement agency, for
the purpose of placing individuals as workers providing home
services for consumers in their personal residences. "Home
services agency" does not include agencies licensed under the
Nurse Agency Licensing Act, the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
Act, the Specialized Mental Health Rehabilitation Act of 2013,
or the Assisted Living and Shared Housing Act and does not
include an agency that limits its business exclusively to
providing housecleaning services. Programs providing services

HB2755 Engrossed - 493 - LRB099 08043 RPS 28187 b
exclusively through the Community Care Program of the Illinois
Department on Aging, the Department of Human Services Office of
Rehabilitation Services, or the United States Department of
Veterans Affairs are not considered to be a home services
agency under this Act.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 125. The Hospice Program Licensing Act is amended
by changing Sections 3 and 4 as follows:
(210 ILCS 60/3) (from Ch. 111 1/2, par. 6103)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Bereavement" means the period of time during which the
hospice patient's family experiences and adjusts to the death
of the hospice patient.
(a-5) "Bereavement services" means counseling services
provided to an individual's family after the individual's
death.
(a-10) "Attending physician" means a physician who:
(1) is a doctor of medicine or osteopathy; and
(2) is identified by an individual, at the time the
individual elects to receive hospice care, as having the
most significant role in the determination and delivery of
the individual's medical care.

HB2755 Engrossed - 494 - LRB099 08043 RPS 28187 b
(b) "Department" means the Illinois Department of Public
Health.
(c) "Director" means the Director of the Illinois
Department of Public Health.
(d) "Hospice care" means a program of palliative care that
provides for the physical, emotional, and spiritual care needs
of a terminally ill patient and his or her family. The goal of
such care is to achieve the highest quality of life as defined
by the patient and his or her family through the relief of
suffering and control of symptoms.
(e) "Hospice care team" means an interdisciplinary group or
groups composed of individuals who provide or supervise the
care and services offered by the hospice.
(f) "Hospice patient" means a terminally ill person
receiving hospice services.
(g) "Hospice patient's family" means a hospice patient's
immediate family consisting of a spouse, sibling, child, parent
and those individuals designated as such by the patient for the
purposes of this Act.
(g-1) "Hospice residence" means a separately licensed
home, apartment building, or similar building providing living
quarters:
(1) that is owned or operated by a person licensed to
operate as a comprehensive hospice; and
(2) at which hospice services are provided to facility
residents.

HB2755 Engrossed - 495 - LRB099 08043 RPS 28187 b
A building that is licensed under the Hospital Licensing
Act, the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act, or
the MC/DD Act is not a hospice residence.
(h) "Hospice services" means a range of professional and
other supportive services provided to a hospice patient and his
or her family. These services may include, but are not limited
to, physician services, nursing services, medical social work
services, spiritual counseling services, bereavement services,
and volunteer services.
(h-5) "Hospice program" means a licensed public agency or
private organization, or a subdivision of either of those, that
is primarily engaged in providing care to terminally ill
individuals through a program of home care or inpatient care,
or both home care and inpatient care, utilizing a medically
directed interdisciplinary hospice care team of professionals
or volunteers, or both professionals and volunteers. A hospice
program may be licensed as a comprehensive hospice program or a
volunteer hospice program.
(h-10) "Comprehensive hospice" means a program that
provides hospice services and meets the minimum standards for
certification under the Medicare program set forth in the
Conditions of Participation in 42 CFR Part 418 but is not
required to be Medicare-certified.
(i) "Palliative care" means the management of pain and
other distressing symptoms that incorporates medical, nursing,

HB2755 Engrossed - 496 - LRB099 08043 RPS 28187 b
psychosocial, and spiritual care according to the needs,
values, beliefs, and culture or cultures of the patient and his
or her family. The evaluation and treatment is
patient-centered, with a focus on the central role of the
family unit in decision-making.
(j) "Hospice service plan" means a plan detailing the
specific hospice services offered by a comprehensive or
volunteer hospice program, and the administrative and direct
care personnel responsible for those services. The plan shall
include but not be limited to:
(1) Identification of the person or persons
administratively responsible for the program.
(2) The estimated average monthly patient census.
(3) The proposed geographic area the hospice will
serve.
(4) A listing of those hospice services provided
directly by the hospice, and those hospice services
provided indirectly through a contractual agreement.
(5) The name and qualifications of those persons or
entities under contract to provide indirect hospice
services.
(6) The name and qualifications of those persons
providing direct hospice services, with the exception of
volunteers.
(7) A description of how the hospice plans to utilize
volunteers in the provision of hospice services.

HB2755 Engrossed - 497 - LRB099 08043 RPS 28187 b
(8) A description of the program's record keeping
system.
(k) "Terminally ill" means a medical prognosis by a
physician licensed to practice medicine in all of its branches
that a patient has an anticipated life expectancy of one year
or less.
(l) "Volunteer" means a person who offers his or her
services to a hospice without compensation. Reimbursement for a
volunteer's expenses in providing hospice service shall not be
considered compensation.
(l-5) "Employee" means a paid or unpaid member of the staff
of a hospice program, or, if the hospice program is a
subdivision of an agency or organization, of the agency or
organization, who is appropriately trained and assigned to the
hospice program. "Employee" also means a volunteer whose duties
are prescribed by the hospice program and whose performance of
those duties is supervised by the hospice program.
(l-10) "Representative" means an individual who has been
authorized under State law to terminate an individual's medical
care or to elect or revoke the election of hospice care on
behalf of a terminally ill individual who is mentally or
physically incapacitated.
(m) "Volunteer hospice" means a program which provides
hospice services to patients regardless of their ability to
pay, with emphasis on the utilization of volunteers to provide
services, under the administration of a not-for-profit agency.

HB2755 Engrossed - 498 - LRB099 08043 RPS 28187 b
This definition does not prohibit the employment of staff.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(210 ILCS 60/4) (from Ch. 111 1/2, par. 6104)
Sec. 4. License.
(a) No person shall establish, conduct or maintain a
comprehensive or volunteer hospice program without first
obtaining a license from the Department. A hospice residence
may be operated only at the locations listed on the license. A
comprehensive hospice program owning or operating a hospice
residence is not subject to the provisions of the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act of
2013, or the ID/DD Community Care Act, or the MC/DD Act in
owning or operating a hospice residence.
(b) No public or private agency shall advertise or present
itself to the public as a comprehensive or volunteer hospice
program which provides hospice services without meeting the
provisions of subsection (a).
(c) The license shall be valid only in the possession of
the hospice to which it was originally issued and shall not be
transferred or assigned to any other person, agency, or
corporation.
(d) The license shall be renewed annually.
(e) The license shall be displayed in a conspicuous place
inside the hospice program office.

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(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 130. The Hospital Licensing Act is amended by
changing Sections 3, 6.09, 6.09a, and 7 as follows:
(210 ILCS 85/3)
Sec. 3. As used in this Act:
(A) "Hospital" means any institution, place, building,
buildings on a campus, or agency, public or private, whether
organized for profit or not, devoted primarily to the
maintenance and operation of facilities for the diagnosis and
treatment or care of 2 or more unrelated persons admitted for
overnight stay or longer in order to obtain medical, including
obstetric, psychiatric and nursing, care of illness, disease,
injury, infirmity, or deformity.
The term "hospital", without regard to length of stay,
shall also include:
(a) any facility which is devoted primarily to
providing psychiatric and related services and programs
for the diagnosis and treatment or care of 2 or more
unrelated persons suffering from emotional or nervous
diseases;
(b) all places where pregnant females are received,
cared for, or treated during delivery irrespective of the
number of patients received.

HB2755 Engrossed - 500 - LRB099 08043 RPS 28187 b
The term "hospital" includes general and specialized
hospitals, tuberculosis sanitaria, mental or psychiatric
hospitals and sanitaria, and includes maternity homes,
lying-in homes, and homes for unwed mothers in which care is
given during delivery.
The term "hospital" does not include:
(1) any person or institution required to be licensed
pursuant to the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the ID/DD
Community Care Act, or the MC/DD Act;
(2) hospitalization or care facilities maintained by
the State or any department or agency thereof, where such
department or agency has authority under law to establish
and enforce standards for the hospitalization or care
facilities under its management and control;
(3) hospitalization or care facilities maintained by
the federal government or agencies thereof;
(4) hospitalization or care facilities maintained by
any university or college established under the laws of
this State and supported principally by public funds raised
by taxation;
(5) any person or facility required to be licensed
pursuant to the Alcoholism and Other Drug Abuse and
Dependency Act;
(6) any facility operated solely by and for persons who
rely exclusively upon treatment by spiritual means through

HB2755 Engrossed - 501 - LRB099 08043 RPS 28187 b
prayer, in accordance with the creed or tenets of any
well-recognized church or religious denomination;
(7) an Alzheimer's disease management center
alternative health care model licensed under the
Alternative Health Care Delivery Act; or
(8) any veterinary hospital or clinic operated by a
veterinarian or veterinarians licensed under the
Veterinary Medicine and Surgery Practice Act of 2004 or
maintained by a State-supported or publicly funded
university or college.
(B) "Person" means the State, and any political subdivision
or municipal corporation, individual, firm, partnership,
corporation, company, association, or joint stock association,
or the legal successor thereof.
(C) "Department" means the Department of Public Health of
the State of Illinois.
(D) "Director" means the Director of Public Health of the
State of Illinois.
(E) "Perinatal" means the period of time between the
conception of an infant and the end of the first month after
birth.
(F) "Federally designated organ procurement agency" means
the organ procurement agency designated by the Secretary of the
U.S. Department of Health and Human Services for the service
area in which a hospital is located; except that in the case of
a hospital located in a county adjacent to Wisconsin which

HB2755 Engrossed - 502 - LRB099 08043 RPS 28187 b
currently contracts with an organ procurement agency located in
Wisconsin that is not the organ procurement agency designated
by the U.S. Secretary of Health and Human Services for the
service area in which the hospital is located, if the hospital
applies for a waiver pursuant to 42 USC 1320b-8(a), it may
designate an organ procurement agency located in Wisconsin to
be thereafter deemed its federally designated organ
procurement agency for the purposes of this Act.
(G) "Tissue bank" means any facility or program operating
in Illinois that is certified by the American Association of
Tissue Banks or the Eye Bank Association of America and is
involved in procuring, furnishing, donating, or distributing
corneas, bones, or other human tissue for the purpose of
injecting, transfusing, or transplanting any of them into the
human body. "Tissue bank" does not include a licensed blood
bank. For the purposes of this Act, "tissue" does not include
organs.
(H) "Campus", as this terms applies to operations, has the
same meaning as the term "campus" as set forth in federal
Medicare regulations, 42 CFR 413.65.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(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

HB2755 Engrossed - 503 - LRB099 08043 RPS 28187 b
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, the hospital must notify the case
coordination unit, as defined in 89 Ill. Adm. Code 240.260, at
least 24 hours prior to discharge. When the assessment is
completed in the hospital, the case coordination unit shall
provide the discharge planner with a copy of the prescreening
information and accompanying materials, which the discharge
planner shall transmit when the patient is discharged to a
skilled nursing facility. 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 Act; (ii) an assisted living
and shared housing establishment, as defined in the Assisted

HB2755 Engrossed - 504 - LRB099 08043 RPS 28187 b
Living and Shared Housing Act; (iii) a facility licensed under
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act, or
the MC/DD 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, facilities licensed under the ID/DD
Community Care Act, the MC/DD Act, or the Specialized Mental
Health Rehabilitation Act of 2013, 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.

HB2755 Engrossed - 505 - LRB099 08043 RPS 28187 b
(d) Before transfer of a patient to a long term care
facility licensed under the Nursing Home Care Act where elderly
persons reside, a hospital shall as soon as practicable
initiate a name-based criminal history background check by
electronic submission to the Department of State Police for all
persons between the ages of 18 and 70 years; provided, however,
that a hospital shall be required to initiate such a background
check only with respect to patients who:
(1) are transferring to a long term care facility for
the first time;
(2) have been in the hospital more than 5 days;
(3) are reasonably expected to remain at the long term
care facility for more than 30 days;
(4) have a known history of serious mental illness or
substance abuse; and
(5) are independently ambulatory or mobile for more
than a temporary period of time.
A hospital may also request a criminal history background
check for a patient who does not meet any of the criteria set
forth in items (1) through (5).
A hospital shall notify a long term care facility if the
hospital has initiated a criminal history background check on a
patient being discharged to that facility. In all circumstances
in which the hospital is required by this subsection to
initiate the criminal history background check, the transfer to
the long term care facility may proceed regardless of the

HB2755 Engrossed - 506 - LRB099 08043 RPS 28187 b
availability of criminal history results. Upon receipt of the
results, the hospital shall promptly forward the results to the
appropriate long term care facility. If the results of the
background check are inconclusive, the hospital shall have no
additional duty or obligation to seek additional information
from, or about, the patient.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-651, eff. 6-16-14.)
(210 ILCS 85/6.09a)
Sec. 6.09a. Report of Death. Every hospital shall promptly
report the death of a person readily known to be, without an
investigation by the hospital, a resident of a facility
licensed under the ID/DD MR/DD Community Care Act or the MC/DD
Act, to the coroner or medical examiner. The coroner or medical
examiner shall promptly respond to the report by accepting or
not accepting the body for investigation.
(Source: P.A. 97-38, eff. 6-28-11.)
(210 ILCS 85/7) (from Ch. 111 1/2, par. 148)
Sec. 7. (a) The Director after notice and opportunity for
hearing to the applicant or licensee may deny, suspend, or
revoke a permit to establish a hospital or deny, suspend, or
revoke a license to open, conduct, operate, and maintain a
hospital in any case in which he finds that there has been a
substantial failure to comply with the provisions of this Act,

HB2755 Engrossed - 507 - LRB099 08043 RPS 28187 b
the Hospital Report Card Act, or the Illinois Adverse Health
Care Events Reporting Law of 2005 or the standards, rules, and
regulations established by virtue of any of those Acts. The
Department may impose fines on hospitals, not to exceed $500
per occurrence, for failing to (1) initiate a criminal
background check on a patient that meets the criteria for
hospital-initiated background checks or (2) report the death of
a person known to be a resident of a facility licensed under
the ID/DD MR/DD Community Care Act or the MC/DD Act to the
coroner or medical examiner within 24 hours as required by
Section 6.09a of this Act. In assessing whether to impose such
a fine for failure to initiate a criminal background check, the
Department shall consider various factors including, but not
limited to, whether the hospital has engaged in a pattern or
practice of failing to initiate criminal background checks.
Money from fines shall be deposited into the Long Term Care
Provider Fund.
(b) Such notice shall be effected by registered mail or by
personal service setting forth the particular reasons for the
proposed action and fixing a date, not less than 15 days from
the date of such mailing or service, at which time the
applicant or licensee shall be given an opportunity for a
hearing. Such hearing shall be conducted by the Director or by
an employee of the Department designated in writing by the
Director as Hearing Officer to conduct the hearing. On the
basis of any such hearing, or upon default of the applicant or

HB2755 Engrossed - 508 - LRB099 08043 RPS 28187 b
licensee, the Director shall make a determination specifying
his findings and conclusions. In case of a denial to an
applicant of a permit to establish a hospital, such
determination shall specify the subsection of Section 6 under
which the permit was denied and shall contain findings of fact
forming the basis of such denial. A copy of such determination
shall be sent by registered mail or served personally upon the
applicant or licensee. The decision denying, suspending, or
revoking a permit or a license shall become final 35 days after
it is so mailed or served, unless the applicant or licensee,
within such 35 day period, petitions for review pursuant to
Section 13.
(c) The procedure governing hearings authorized by this
Section shall be in accordance with rules promulgated by the
Department and approved by the Hospital Licensing Board. A full
and complete record shall be kept of all proceedings, including
the notice of hearing, complaint, and all other documents in
the nature of pleadings, written motions filed in the
proceedings, and the report and orders of the Director and
Hearing Officer. All testimony shall be reported but need not
be transcribed unless the decision is appealed pursuant to
Section 13. A copy or copies of the transcript may be obtained
by any interested party on payment of the cost of preparing
such copy or copies.
(d) The Director or Hearing Officer shall upon his own
motion, or on the written request of any party to the

HB2755 Engrossed - 509 - LRB099 08043 RPS 28187 b
proceeding, issue subpoenas requiring the attendance and the
giving of testimony by witnesses, and subpoenas duces tecum
requiring the production of books, papers, records, or
memoranda. All subpoenas and subpoenas duces tecum issued under
the terms of this Act may be served by any person of full age.
The fees of witnesses for attendance and travel shall be the
same as the fees of witnesses before the Circuit Court of this
State, such fees to be paid when the witness is excused from
further attendance. When the witness is subpoenaed at the
instance of the Director, or Hearing Officer, such fees shall
be paid in the same manner as other expenses of the Department,
and when the witness is subpoenaed at the instance of any other
party to any such proceeding the Department may require that
the cost of service of the subpoena or subpoena duces tecum and
the fee of the witness be borne by the party at whose instance
the witness is summoned. In such case, the Department in its
discretion, may require a deposit to cover the cost of such
service and witness fees. A subpoena or subpoena duces tecum
issued as aforesaid shall be served in the same manner as a
subpoena issued out of a court.
(e) Any Circuit Court of this State upon the application of
the Director, or upon the application of any other party to the
proceeding, may, in its discretion, compel the attendance of
witnesses, the production of books, papers, records, or
memoranda and the giving of testimony before the Director or
Hearing Officer conducting an investigation or holding a

HB2755 Engrossed - 510 - LRB099 08043 RPS 28187 b
hearing authorized by this Act, by an attachment for contempt,
or otherwise, in the same manner as production of evidence may
be compelled before the court.
(f) The Director or Hearing Officer, or any party in an
investigation or hearing before the Department, may cause the
depositions of witnesses within the State to be taken in the
manner prescribed by law for like depositions in civil actions
in courts of this State, and to that end compel the attendance
of witnesses and the production of books, papers, records, or
memoranda.
(Source: P.A. 96-1372, eff. 7-29-10; 97-38, eff. 6-28-11.)
Section 135. The Language Assistance Services Act is
amended by changing Section 10 as follows:
(210 ILCS 87/10)
Sec. 10. Definitions. As used in this Act:
"Department" means the Department of Public Health.
"Interpreter" means a person fluent in English and in the
necessary language of the patient who can accurately speak,
read, and readily interpret the necessary second language, or a
person who can accurately sign and read sign language.
Interpreters shall have the ability to translate the names of
body parts and to describe completely symptoms and injuries in
both languages. Interpreters may include members of the medical
or professional staff.

HB2755 Engrossed - 511 - LRB099 08043 RPS 28187 b
"Language or communication barriers" means either of the
following:
(1) With respect to spoken language, barriers that are
experienced by limited-English-speaking or
non-English-speaking individuals who speak the same
primary language, if those individuals constitute at least
5% of the patients served by the health facility annually.
(2) With respect to sign language, barriers that are
experienced by individuals who are deaf and whose primary
language is sign language.
"Health facility" means a hospital licensed under the
Hospital Licensing Act, a long-term care facility licensed
under the Nursing Home Care Act, or a facility licensed under
the ID/DD Community Care Act, the MC/DD Act, or the Specialized
Mental Health Rehabilitation Act of 2013.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 140. The Community-Integrated Living Arrangements
Licensure and Certification Act is amended by changing Section
4 as follows:
(210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
Sec. 4. (a) Any community mental health or developmental
services agency who wishes to develop and support a variety of
community-integrated living arrangements may do so pursuant to

HB2755 Engrossed - 512 - LRB099 08043 RPS 28187 b
a license issued by the Department under this Act. However,
programs established under or otherwise subject to the Child
Care Act of 1969, the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the ID/DD
Community Care Act, or the MC/DD Act, as now or hereafter
amended, shall remain subject thereto, and this Act shall not
be construed to limit the application of those Acts.
(b) The system of licensure established under this Act
shall be for the purposes of:
(1) Insuring that all recipients residing in
community-integrated living arrangements are receiving
appropriate community-based services, including treatment,
training and habilitation or rehabilitation;
(2) Insuring that recipients' rights are protected and
that all programs provided to and placements arranged for
recipients comply with this Act, the Mental Health and
Developmental Disabilities Code, and applicable Department
rules and regulations;
(3) Maintaining the integrity of communities by
requiring regular monitoring and inspection of placements
and other services provided in community-integrated living
arrangements.
The licensure system shall be administered by a quality
assurance unit within the Department which shall be
administratively independent of units responsible for funding
of agencies or community services.

HB2755 Engrossed - 513 - LRB099 08043 RPS 28187 b
(c) As a condition of being licensed by the Department as a
community mental health or developmental services agency under
this Act, the agency shall certify to the Department that:
(1) All recipients residing in community-integrated
living arrangements are receiving appropriate
community-based services, including treatment, training
and habilitation or rehabilitation;
(2) All programs provided to and placements arranged
for recipients are supervised by the agency; and
(3) All programs provided to and placements arranged
for recipients comply with this Act, the Mental Health and
Developmental Disabilities Code, and applicable Department
rules and regulations.
(d) An applicant for licensure as a community mental health
or developmental services agency under this Act shall submit an
application pursuant to the application process established by
the Department by rule and shall pay an application fee in an
amount established by the Department, which amount shall not be
more than $200.
(e) If an applicant meets the requirements established by
the Department to be licensed as a community mental health or
developmental services agency under this Act, after payment of
the licensing fee, the Department shall issue a license valid
for 3 years from the date thereof unless suspended or revoked
by the Department or voluntarily surrendered by the agency.
(f) Upon application to the Department, the Department may

HB2755 Engrossed - 514 - LRB099 08043 RPS 28187 b
issue a temporary permit to an applicant for a 6-month period
to allow the holder of such permit reasonable time to become
eligible for a license under this Act.
(g)(1) The Department may conduct site visits to an agency
licensed under this Act, or to any program or placement
certified by the agency, and inspect the records or premises,
or both, of such agency, program or placement as it deems
appropriate, for the purpose of determining compliance with
this Act, the Mental Health and Developmental Disabilities
Code, and applicable Department rules and regulations.
(2) If the Department determines that an agency licensed
under this Act is not in compliance with this Act or the rules
and regulations promulgated under this Act, the Department
shall serve a notice of violation upon the licensee. Each
notice of violation shall be prepared in writing and shall
specify the nature of the violation, the statutory provision or
rule alleged to have been violated, and that the licensee
submit a plan of correction to the Department if required. The
notice shall also inform the licensee of any other action which
the Department might take pursuant to this Act and of the right
to a hearing.
(g-5) As determined by the Department, a disproportionate
number or percentage of licensure complaints; a
disproportionate number or percentage of substantiated cases
of abuse, neglect, or exploitation involving an agency; an
apparent unnatural death of an individual served by an agency;

HB2755 Engrossed - 515 - LRB099 08043 RPS 28187 b
any egregious or life-threatening abuse or neglect within an
agency; or any other significant event as determined by the
Department shall initiate a review of the agency's license by
the Department, as well as a review of its service agreement
for funding. The Department shall adopt rules to establish the
process by which the determination to initiate a review shall
be made and the timeframe to initiate a review upon the making
of such determination.
(h) Upon the expiration of any license issued under this
Act, a license renewal application shall be required of and a
license renewal fee in an amount established by the Department
shall be charged to a community mental health or developmental
services agency, provided that such fee shall not be more than
$200.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-441,
eff. 8-19-11; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 145. The Child Care Act of 1969 is amended by
changing Section 2.06 as follows:
(225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
Sec. 2.06. "Child care institution" means a child care
facility where more than 7 children are received and maintained
for the purpose of providing them with care or training or
both. The term "child care institution" includes residential
schools, primarily serving ambulatory handicapped children,

HB2755 Engrossed - 516 - LRB099 08043 RPS 28187 b
and those operating a full calendar year, but does not include:
(a) Any State-operated institution for child care
established by legislative action;
(b) Any juvenile detention or shelter care home established
and operated by any county or child protection district
established under the "Child Protection Act";
(c) Any institution, home, place or facility operating
under a license pursuant to the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
ID/DD Community Care Act, or the MC/DD Act;
(d) Any bona fide boarding school in which children are
primarily taught branches of education corresponding to those
taught in public schools, grades one through 12, or taught in
public elementary schools, high schools, or both elementary and
high schools, and which operates on a regular academic school
year basis; or
(e) Any facility licensed as a "group home" as defined in
this Act.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 150. The Health Care Worker Background Check Act is
amended by changing Section 15 as follows:
(225 ILCS 46/15)
Sec. 15. Definitions. In this Act:

HB2755 Engrossed - 517 - LRB099 08043 RPS 28187 b
"Applicant" means an individual seeking employment with a
health care employer who has received a bona fide conditional
offer of employment.
"Conditional offer of employment" means a bona fide offer
of employment by a health care employer to an applicant, which
is contingent upon the receipt of a report from the Department
of Public Health indicating that the applicant does not have a
record of conviction of any of the criminal offenses enumerated
in Section 25.
"Direct care" means the provision of nursing care or
assistance with feeding, dressing, movement, bathing,
toileting, or other personal needs, including home services as
defined in the Home Health, Home Services, and Home Nursing
Agency Licensing Act. The entity responsible for inspecting and
licensing, certifying, or registering the health care employer
may, by administrative rule, prescribe guidelines for
interpreting this definition with regard to the health care
employers that it licenses.
"Disqualifying offenses" means those offenses set forth in
Section 25 of this Act.
"Employee" means any individual hired, employed, or
retained to which this Act applies.
"Fingerprint-based criminal history records check" means a
livescan fingerprint-based criminal history records check
submitted as a fee applicant inquiry in the form and manner
prescribed by the Department of State Police.

HB2755 Engrossed - 518 - LRB099 08043 RPS 28187 b
"Health care employer" means:
(1) the owner or licensee of any of the following:
(i) a community living facility, as defined in the
Community Living Facilities Act;
(ii) a life care facility, as defined in the Life
Care Facilities Act;
(iii) a long-term care facility;
(iv) a home health agency, home services agency, or
home nursing agency as defined in the Home Health, Home
Services, and Home Nursing Agency Licensing Act;
(v) a hospice care program or volunteer hospice
program, as defined in the Hospice Program Licensing
Act;
(vi) a hospital, as defined in the Hospital
Licensing Act;
(vii) (blank);
(viii) a nurse agency, as defined in the Nurse
Agency Licensing Act;
(ix) a respite care provider, as defined in the
Respite Program Act;
(ix-a) an establishment licensed under the
Assisted Living and Shared Housing Act;
(x) a supportive living program, as defined in the
Illinois Public Aid Code;
(xi) early childhood intervention programs as
described in 59 Ill. Adm. Code 121;

HB2755 Engrossed - 519 - LRB099 08043 RPS 28187 b
(xii) the University of Illinois Hospital,
Chicago;
(xiii) programs funded by the Department on Aging
through the Community Care Program;
(xiv) programs certified to participate in the
Supportive Living Program authorized pursuant to
Section 5-5.01a of the Illinois Public Aid Code;
(xv) programs listed by the Emergency Medical
Services (EMS) Systems Act as Freestanding Emergency
Centers;
(xvi) locations licensed under the Alternative
Health Care Delivery Act;
(2) a day training program certified by the Department
of Human Services;
(3) a community integrated living arrangement operated
by a community mental health and developmental service
agency, as defined in the Community-Integrated Living
Arrangements Licensing and Certification Act; or
(4) the State Long Term Care Ombudsman Program,
including any regional long term care ombudsman programs
under Section 4.04 of the Illinois Act on the Aging, only
for the purpose of securing background checks.
"Initiate" means obtaining from a student, applicant, or
employee his or her social security number, demographics, a
disclosure statement, and an authorization for the Department
of Public Health or its designee to request a fingerprint-based

HB2755 Engrossed - 520 - LRB099 08043 RPS 28187 b
criminal history records check; transmitting this information
electronically to the Department of Public Health; conducting
Internet searches on certain web sites, including without
limitation the Illinois Sex Offender Registry, the Department
of Corrections' Sex Offender Search Engine, the Department of
Corrections' Inmate Search Engine, the Department of
Corrections Wanted Fugitives Search Engine, the National Sex
Offender Public Registry, and the website of the Health and
Human Services Office of Inspector General to determine if the
applicant has been adjudicated a sex offender, has been a
prison inmate, or has committed Medicare or Medicaid fraud, or
conducting similar searches as defined by rule; and having the
student, applicant, or employee's fingerprints collected and
transmitted electronically to the Department of State Police.
"Livescan vendor" means an entity whose equipment has been
certified by the Department of State Police to collect an
individual's demographics and inkless fingerprints and, in a
manner prescribed by the Department of State Police and the
Department of Public Health, electronically transmit the
fingerprints and required data to the Department of State
Police and a daily file of required data to the Department of
Public Health. The Department of Public Health shall negotiate
a contract with one or more vendors that effectively
demonstrate that the vendor has 2 or more years of experience
transmitting fingerprints electronically to the Department of
State Police and that the vendor can successfully transmit the

HB2755 Engrossed - 521 - LRB099 08043 RPS 28187 b
required data in a manner prescribed by the Department of
Public Health. Vendor authorization may be further defined by
administrative rule.
"Long-term care facility" means a facility licensed by the
State or certified under federal law as a long-term care
facility, including without limitation facilities licensed
under the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act, or
the MC/DD Act, a supportive living facility, an assisted living
establishment, or a shared housing establishment or registered
as a board and care home.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 155. The Nursing Home Administrators Licensing and
Disciplinary Act is amended by changing Sections 4 and 17 as
follows:
(225 ILCS 70/4) (from Ch. 111, par. 3654)
(Section scheduled to be repealed on January 1, 2018)
Sec. 4. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
(1) "Act" means the Nursing Home Administrators
Licensing and Disciplinary Act.
(2) "Department" means the Department of Financial and

HB2755 Engrossed - 522 - LRB099 08043 RPS 28187 b
Professional Regulation.
(3) "Secretary" means the Secretary of Financial and
Professional Regulation.
(4) "Board" means the Nursing Home Administrators
Licensing and Disciplinary Board appointed by the
Governor.
(5) "Nursing home administrator" means the individual
licensed under this Act and directly responsible for
planning, organizing, directing and supervising the
operation of a nursing home, or who in fact performs such
functions, whether or not such functions are delegated to
one or more other persons.
(6) "Nursing home" or "facility" means any entity that
is required to be licensed by the Department of Public
Health under the Nursing Home Care Act, as amended, other
than a sheltered care home as defined thereunder, and
includes private homes, institutions, buildings,
residences, or other places, whether operated for profit or
not, irrespective of the names attributed to them, county
homes for the infirm and chronically ill operated pursuant
to the County Nursing Home Act, as amended, and any similar
institutions operated by a political subdivision of the
State of Illinois that provide, though their ownership or
management, maintenance, personal care, and nursing for 3
or more persons, not related to the owner by blood or
marriage, or any similar facilities in which maintenance is

HB2755 Engrossed - 523 - LRB099 08043 RPS 28187 b
provided to 3 or more persons who by reason of illness of
physical infirmity require personal care and nursing. The
term also means any facility licensed under the ID/DD
Community Care Act, the MC/DD Act, or the Specialized
Mental Health Rehabilitation Act of 2013.
(7) "Maintenance" means food, shelter and laundry.
(8) "Personal care" means assistance with meals,
dressing, movement, bathing, or other personal needs, or
general supervision of the physical and mental well-being
of an individual who because of age, physical, or mental
disability, emotion or behavior disorder, or an
intellectual disability is incapable of managing his or her
person, whether or not a guardian has been appointed for
such individual. For the purposes of this Act, this
definition does not include the professional services of a
nurse.
(9) "Nursing" means professional nursing or practical
nursing, as those terms are defined in the Nurse Practice
Act, for sick or infirm persons who are under the care and
supervision of licensed physicians or dentists.
(10) "Disciplinary action" means revocation,
suspension, probation, supervision, reprimand, required
education, fines or any other action taken by the
Department against a person holding a license.
(11) "Impaired" means the inability to practice with
reasonable skill and safety due to physical or mental

HB2755 Engrossed - 524 - LRB099 08043 RPS 28187 b
disabilities as evidenced by a written determination or
written consent based on clinical evidence including
deterioration through the aging process or loss of motor
skill, or abuse of drugs or alcohol, of sufficient degree
to diminish a person's ability to administer a nursing
home.
(12) "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file maintained by the
Department's licensure maintenance unit. It is the duty of
the applicant or licensee to inform the Department of any
change of address, and such changes must be made either
through the Department's website or by contacting the
Department's licensure maintenance unit.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(225 ILCS 70/17) (from Ch. 111, par. 3667)
Sec. 17. Grounds for disciplinary action.
(a) The Department may impose fines not to exceed $10,000
or may refuse to issue or to renew, or may revoke, suspend,
place on probation, censure, reprimand or take other
disciplinary or non-disciplinary action with regard to the
license of any person, for any one or combination of the
following causes:
(1) Intentional material misstatement in furnishing

HB2755 Engrossed - 525 - LRB099 08043 RPS 28187 b
information to the Department.
(2) Conviction of or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of
the United States or any state or territory thereof or a
misdemeanor of which an essential element is dishonesty or
that is directly related to the practice of the profession
of nursing home administration.
(3) Making any misrepresentation for the purpose of
obtaining a license, or violating any provision of this
Act.
(4) Immoral conduct in the commission of any act, such
as sexual abuse or sexual misconduct, related to the
licensee's practice.
(5) Failing to respond within 30 days, to a written
request made by the Department for information.
(6) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(7) Habitual use or addiction to alcohol, narcotics,
stimulants, or any other chemical agent or drug which
results in the inability to practice with reasonable
judgment, skill or safety.
(8) Discipline by another U.S. jurisdiction if at least
one of the grounds for the discipline is the same or
substantially equivalent to those set forth herein.
(9) A finding by the Department that the licensee,

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after having his or her license placed on probationary
status has violated the terms of probation.
(10) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with State agencies or departments.
(11) Physical illness, mental illness, or other
impairment or disability, including, but not limited to,
deterioration through the aging process, or loss of motor
skill that results in the inability to practice the
profession with reasonable judgment, skill or safety.
(12) Disregard or violation of this Act or of any rule
issued pursuant to this Act.
(13) Aiding or abetting another in the violation of
this Act or any rule or regulation issued pursuant to this
Act.
(14) Allowing one's license to be used by an unlicensed
person.
(15) (Blank).
(16) Professional incompetence in the practice of
nursing home administration.
(17) Conviction of a violation of Section 12-19 or
subsection (a) of Section 12-4.4a of the Criminal Code of
1961 or the Criminal Code of 2012 for the abuse and
criminal neglect of a long term care facility resident.
(18) Violation of the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or

HB2755 Engrossed - 527 - LRB099 08043 RPS 28187 b
the ID/DD Community Care Act, or the MC/DD Act or of any
rule issued under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, or the MC/DD Act. A final
adjudication of a Type "AA" violation of the Nursing Home
Care Act made by the Illinois Department of Public Health,
as identified by rule, relating to the hiring, training,
planning, organizing, directing, or supervising the
operation of a nursing home and a licensee's failure to
comply with this Act or the rules adopted under this Act,
shall create a rebuttable presumption of a violation of
this subsection.
(19) Failure to report to the Department any adverse
final action taken against the licensee by a licensing
authority of another state, territory of the United States,
or foreign country; or by any governmental or law
enforcement agency; or by any court for acts or conduct
similar to acts or conduct that would constitute grounds
for disciplinary action under this Section.
(20) Failure to report to the Department the surrender
of a license or authorization to practice as a nursing home
administrator in another state or jurisdiction for acts or
conduct similar to acts or conduct that would constitute
grounds for disciplinary action under this Section.
(21) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability

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claim related to acts or conduct similar to acts or conduct
that would constitute grounds for disciplinary action
under this Section.
(22) Failure to submit any required report under
Section 80-10 of the Nurse Practice Act.
All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the Department
may deem proper, with regard to a license on any of the
foregoing grounds, must be commenced within 5 years next after
receipt by the Department of (i) a complaint alleging the
commission of or notice of the conviction order for any of the
acts described herein or (ii) a referral for investigation
under Section 3-108 of the Nursing Home Care Act.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Department order based upon a
finding by the Board that they have been determined to be
recovered from mental illness by the court and upon the Board's
recommendation that they be permitted to resume their practice.
The Department, upon the recommendation of the Board, may
adopt rules which set forth standards to be used in determining
what constitutes:
(i) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;

HB2755 Engrossed - 529 - LRB099 08043 RPS 28187 b
(ii) dishonorable, unethical or unprofessional conduct
of a character likely to deceive, defraud, or harm the
public;
(iii) immoral conduct in the commission of any act
related to the licensee's practice; and
(iv) professional incompetence in the practice of
nursing home administration.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Department or Board, upon a
showing of a possible violation, may compel any individual
licensed to practice under this Act, or who has applied for
licensure pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physician or
physicians shall be those specifically designated by the
Department or Board. The Department or Board may order the
examining physician to present testimony concerning this
mental or physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to submit

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to mental or physical examination, when directed, shall be
grounds for suspension of his or her license until such time as
the individual submits to the examination if the Department
finds, after notice and hearing, that the refusal to submit to
the examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board shall require such individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. Any
individual whose license was granted pursuant to this Act or
continued, reinstated, renewed, disciplined or supervised,
subject to such terms, conditions or restrictions who shall
fail to comply with such terms, conditions or restrictions
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended
immediately, pending a hearing by the Department. In instances
in which the Secretary immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Board within 30 days after such suspension and
completed without appreciable delay. The Department and Board

HB2755 Engrossed - 531 - LRB099 08043 RPS 28187 b
shall have the authority to review the subject administrator's
record of treatment and counseling regarding the impairment, to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(b) Any individual or organization acting in good faith,
and not in a wilful and wanton manner, in complying with this
Act by providing any report or other information to the
Department, or assisting in the investigation or preparation of
such information, or by participating in proceedings of the
Department, or by serving as a member of the Board, shall not,
as a result of such actions, be subject to criminal prosecution
or civil damages.
(c) Members of the Board, and persons retained under
contract to assist and advise in an investigation, shall be
indemnified by the State for any actions occurring within the
scope of services on or for the Board, done in good faith and
not wilful and wanton in nature. The Attorney General shall
defend all such actions unless he or she determines either that
there would be a conflict of interest in such representation or
that the actions complained of were not in good faith or were

HB2755 Engrossed - 532 - LRB099 08043 RPS 28187 b
wilful and wanton.
Should the Attorney General decline representation, a
person entitled to indemnification under this Section shall
have the right to employ counsel of his or her choice, whose
fees shall be provided by the State, after approval by the
Attorney General, unless there is a determination by a court
that the member's actions were not in good faith or were wilful
and wanton.
A person entitled to indemnification under this Section
must notify the Attorney General within 7 days of receipt of
notice of the initiation of any action involving services of
the Board. Failure to so notify the Attorney General shall
constitute an absolute waiver of the right to a defense and
indemnification.
The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent a person entitled to indemnification under this
Section.
(d) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. Such
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the

HB2755 Engrossed - 533 - LRB099 08043 RPS 28187 b
Board to the Secretary that the licensee be allowed to resume
his or her practice.
(e) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Department of Revenue, until
such time as the requirements of any such tax Act are
satisfied.
(f) The Department of Public Health shall transmit to the
Department a list of those facilities which receive an "A"
violation as defined in Section 1-129 of the Nursing Home Care
Act.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-104, eff.
7-22-13; 98-990, eff. 8-18-14.)
Section 160. The Pharmacy Practice Act is amended by
changing Section 3 as follows:
(225 ILCS 85/3)
(Section scheduled to be repealed on January 1, 2018)
Sec. 3. Definitions. For the purpose of this Act, except
where otherwise limited therein:
(a) "Pharmacy" or "drugstore" means and includes every
store, shop, pharmacy department, or other place where

HB2755 Engrossed - 534 - LRB099 08043 RPS 28187 b
pharmacist care is provided by a pharmacist (1) where drugs,
medicines, or poisons are dispensed, sold or offered for sale
at retail, or displayed for sale at retail; or (2) where
prescriptions of physicians, dentists, advanced practice
nurses, physician assistants, veterinarians, podiatric
physicians, or optometrists, within the limits of their
licenses, are compounded, filled, or dispensed; or (3) which
has upon it or displayed within it, or affixed to or used in
connection with it, a sign bearing the word or words
"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
"Drugs", "Dispensary", "Medicines", or any word or words of
similar or like import, either in the English language or any
other language; or (4) where the characteristic prescription
sign (Rx) or similar design is exhibited; or (5) any store, or
shop, or other place with respect to which any of the above
words, objects, signs or designs are used in any advertisement.
(b) "Drugs" means and includes (l) articles recognized in
the official United States Pharmacopoeia/National Formulary
(USP/NF), or any supplement thereto and being intended for and
having for their main use the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other animals, as
approved by the United States Food and Drug Administration, but
does not include devices or their components, parts, or
accessories; and (2) all other articles intended for and having
for their main use the diagnosis, cure, mitigation, treatment

HB2755 Engrossed - 535 - LRB099 08043 RPS 28187 b
or prevention of disease in man or other animals, as approved
by the United States Food and Drug Administration, but does not
include devices or their components, parts, or accessories; and
(3) articles (other than food) having for their main use and
intended to affect the structure or any function of the body of
man or other animals; and (4) articles having for their main
use and intended for use as a component or any articles
specified in clause (l), (2) or (3); but does not include
devices or their components, parts or accessories.
(c) "Medicines" means and includes all drugs intended for
human or veterinary use approved by the United States Food and
Drug Administration.
(d) "Practice of pharmacy" means (1) the interpretation and
the provision of assistance in the monitoring, evaluation, and
implementation of prescription drug orders; (2) the dispensing
of prescription drug orders; (3) participation in drug and
device selection; (4) drug administration limited to the
administration of oral, topical, injectable, and inhalation as
follows: in the context of patient education on the proper use
or delivery of medications; vaccination of patients 14 years of
age and older pursuant to a valid prescription or standing
order, by a physician licensed to practice medicine in all its
branches, upon completion of appropriate training, including
how to address contraindications and adverse reactions set
forth by rule, with notification to the patient's physician and
appropriate record retention, or pursuant to hospital pharmacy

HB2755 Engrossed - 536 - LRB099 08043 RPS 28187 b
and therapeutics committee policies and procedures; (5)
vaccination of patients ages 10 through 13 limited to the
Influenza (inactivated influenza vaccine and live attenuated
influenza intranasal vaccine) and Tdap (defined as tetanus,
diphtheria, acellular pertussis) vaccines, pursuant to a valid
prescription or standing order, by a physician licensed to
practice medicine in all its branches, upon completion of
appropriate training, including how to address
contraindications and adverse reactions set forth by rule, with
notification to the patient's physician and appropriate record
retention, or pursuant to hospital pharmacy and therapeutics
committee policies and procedures; (6) drug regimen review; (7)
drug or drug-related research; (8) the provision of patient
counseling; (9) the practice of telepharmacy; (10) the
provision of those acts or services necessary to provide
pharmacist care; (11) medication therapy management; and (12)
the responsibility for compounding and labeling of drugs and
devices (except labeling by a manufacturer, repackager, or
distributor of non-prescription drugs and commercially
packaged legend drugs and devices), proper and safe storage of
drugs and devices, and maintenance of required records. A
pharmacist who performs any of the acts defined as the practice
of pharmacy in this State must be actively licensed as a
pharmacist under this Act.
(e) "Prescription" means and includes any written, oral,
facsimile, or electronically transmitted order for drugs or

HB2755 Engrossed - 537 - LRB099 08043 RPS 28187 b
medical devices, issued by a physician licensed to practice
medicine in all its branches, dentist, veterinarian, podiatric
physician, or optometrist, within the limits of their licenses,
by a physician assistant in accordance with subsection (f) of
Section 4, or by an advanced practice nurse in accordance with
subsection (g) of Section 4, containing the following: (l) name
of the patient; (2) date when prescription was issued; (3) name
and strength of drug or description of the medical device
prescribed; and (4) quantity; (5) directions for use; (6)
prescriber's name, address, and signature; and (7) DEA number
where required, for controlled substances. The prescription
may, but is not required to, list the illness, disease, or
condition for which the drug or device is being prescribed. DEA
numbers shall not be required on inpatient drug orders.
(f) "Person" means and includes a natural person,
copartnership, association, corporation, government entity, or
any other legal entity.
(g) "Department" means the Department of Financial and
Professional Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board of
Pharmacy of the Department of Financial and Professional
Regulation.
(i) "Secretary" means the Secretary of Financial and
Professional Regulation.
(j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section

HB2755 Engrossed - 538 - LRB099 08043 RPS 28187 b
25 of this Act and Section 3.14 of the Illinois Food, Drug and
Cosmetic Act.
(k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act, the ID/DD Community
Care Act, the MC/DD Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the Hospital Licensing Act, or
"An Act in relation to the founding and operation of the
University of Illinois Hospital and the conduct of University
of Illinois health care programs", approved July 3, 1931, as
amended, or a facility which is operated by the Department of
Human Services (as successor to the Department of Mental Health
and Developmental Disabilities) or the Department of
Corrections.
(k-5) "Pharmacist" means an individual health care
professional and provider currently licensed by this State to
engage in the practice of pharmacy.
(l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license and who is responsible
for all aspects of the operation related to the practice of
pharmacy.
(m) "Dispense" or "dispensing" means the interpretation,
evaluation, and implementation of a prescription drug order,
including the preparation and delivery of a drug or device to a
patient or patient's agent in a suitable container
appropriately labeled for subsequent administration to or use

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by a patient in accordance with applicable State and federal
laws and regulations. "Dispense" or "dispensing" does not mean
the physical delivery to a patient or a patient's
representative in a home or institution by a designee of a
pharmacist or by common carrier. "Dispense" or "dispensing"
also does not mean the physical delivery of a drug or medical
device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while the
pharmacist is on duty and the pharmacy is open.
(n) "Nonresident pharmacy" means a pharmacy that is located
in a state, commonwealth, or territory of the United States,
other than Illinois, that delivers, dispenses, or distributes,
through the United States Postal Service, commercially
acceptable parcel delivery service, or other common carrier, to
Illinois residents, any substance which requires a
prescription.
(o) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug
orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded

HB2755 Engrossed - 540 - LRB099 08043 RPS 28187 b
for dispensing to individual patients only if all of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(p) (Blank).
(q) (Blank).
(r) "Patient counseling" means the communication between a
pharmacist or a student pharmacist under the supervision of a
pharmacist and a patient or the patient's representative about
the patient's medication or device for the purpose of
optimizing proper use of prescription medications or devices.
"Patient counseling" may include without limitation (1)
obtaining a medication history; (2) acquiring a patient's
allergies and health conditions; (3) facilitation of the
patient's understanding of the intended use of the medication;
(4) proper directions for use; (5) significant potential
adverse events; (6) potential food-drug interactions; and (7)
the need to be compliant with the medication therapy. A
pharmacy technician may only participate in the following
aspects of patient counseling under the supervision of a
pharmacist: (1) obtaining medication history; (2) providing
the offer for counseling by a pharmacist or student pharmacist;
and (3) acquiring a patient's allergies and health conditions.
(s) "Patient profiles" or "patient drug therapy record"

HB2755 Engrossed - 541 - LRB099 08043 RPS 28187 b
means the obtaining, recording, and maintenance of patient
prescription information, including prescriptions for
controlled substances, and personal information.
(t) (Blank).
(u) "Medical device" means an instrument, apparatus,
implement, machine, contrivance, implant, in vitro reagent, or
other similar or related article, including any component part
or accessory, required under federal law to bear the label
"Caution: Federal law requires dispensing by or on the order of
a physician". A seller of goods and services who, only for the
purpose of retail sales, compounds, sells, rents, or leases
medical devices shall not, by reasons thereof, be required to
be a licensed pharmacy.
(v) "Unique identifier" means an electronic signature,
handwritten signature or initials, thumb print, or other
acceptable biometric or electronic identification process as
approved by the Department.
(w) "Current usual and customary retail price" means the
price that a pharmacy charges to a non-third-party payor.
(x) "Automated pharmacy system" means a mechanical system
located within the confines of the pharmacy or remote location
that performs operations or activities, other than compounding
or administration, relative to storage, packaging, dispensing,
or distribution of medication, and which collects, controls,
and maintains all transaction information.
(y) "Drug regimen review" means and includes the evaluation

HB2755 Engrossed - 542 - LRB099 08043 RPS 28187 b
of prescription drug orders and patient records for (1) known
allergies; (2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as age,
gender, and contraindications; (4) reasonable directions for
use; (5) potential or actual adverse drug reactions; (6)
drug-drug interactions; (7) drug-food interactions; (8)
drug-disease contraindications; (9) therapeutic duplication;
(10) patient laboratory values when authorized and available;
(11) proper utilization (including over or under utilization)
and optimum therapeutic outcomes; and (12) abuse and misuse.
(z) "Electronic transmission prescription" means any
prescription order for which a facsimile or electronic image of
the order is electronically transmitted from a licensed
prescriber to a pharmacy. "Electronic transmission
prescription" includes both data and image prescriptions.
(aa) "Medication therapy management services" means a
distinct service or group of services offered by licensed
pharmacists, physicians licensed to practice medicine in all
its branches, advanced practice nurses authorized in a written
agreement with a physician licensed to practice medicine in all
its branches, or physician assistants authorized in guidelines
by a supervising physician that optimize therapeutic outcomes
for individual patients through improved medication use. In a
retail or other non-hospital pharmacy, medication therapy
management services shall consist of the evaluation of

HB2755 Engrossed - 543 - LRB099 08043 RPS 28187 b
prescription drug orders and patient medication records to
resolve conflicts with the following:
(1) known allergies;
(2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as
age, gender, and contraindications;
(4) reasonable directions for use;
(5) potential or actual adverse drug reactions;
(6) drug-drug interactions;
(7) drug-food interactions;
(8) drug-disease contraindications;
(9) identification of therapeutic duplication;
(10) patient laboratory values when authorized and
available;
(11) proper utilization (including over or under
utilization) and optimum therapeutic outcomes; and
(12) drug abuse and misuse.
"Medication therapy management services" includes the
following:
(1) documenting the services delivered and
communicating the information provided to patients'
prescribers within an appropriate time frame, not to exceed
48 hours;
(2) providing patient counseling designed to enhance a
patient's understanding and the appropriate use of his or

HB2755 Engrossed - 544 - LRB099 08043 RPS 28187 b
her medications; and
(3) providing information, support services, and
resources designed to enhance a patient's adherence with
his or her prescribed therapeutic regimens.
"Medication therapy management services" may also include
patient care functions authorized by a physician licensed to
practice medicine in all its branches for his or her identified
patient or groups of patients under specified conditions or
limitations in a standing order from the physician.
"Medication therapy management services" in a licensed
hospital may also include the following:
(1) reviewing assessments of the patient's health
status; and
(2) following protocols of a hospital pharmacy and
therapeutics committee with respect to the fulfillment of
medication orders.
(bb) "Pharmacist care" means the provision by a pharmacist
of medication therapy management services, with or without the
dispensing of drugs or devices, intended to achieve outcomes
that improve patient health, quality of life, and comfort and
enhance patient safety.
(cc) "Protected health information" means individually
identifiable health information that, except as otherwise
provided, is:
(1) transmitted by electronic media;
(2) maintained in any medium set forth in the

HB2755 Engrossed - 545 - LRB099 08043 RPS 28187 b
definition of "electronic media" in the federal Health
Insurance Portability and Accountability Act; or
(3) transmitted or maintained in any other form or
medium.
"Protected health information" does not include
individually identifiable health information found in:
(1) education records covered by the federal Family
Educational Right and Privacy Act; or
(2) employment records held by a licensee in its role
as an employer.
(dd) "Standing order" means a specific order for a patient
or group of patients issued by a physician licensed to practice
medicine in all its branches in Illinois.
(ee) "Address of record" means the address recorded by the
Department in the applicant's or licensee's application file or
license file, as maintained by the Department's licensure
maintenance unit.
(ff) "Home pharmacy" means the location of a pharmacy's
primary operations.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-1043, eff. 8-21-12; 98-104, eff. 7-22-13;
98-214, eff. 8-9-13; 98-756, eff. 7-16-14.)
Section 165. The Nurse Agency Licensing Act is amended by
changing Section 3 as follows:

HB2755 Engrossed - 546 - LRB099 08043 RPS 28187 b
(225 ILCS 510/3) (from Ch. 111, par. 953)
Sec. 3. Definitions. As used in this Act:
(a) "Certified nurse aide" means an individual certified as
defined in Section 3-206 of the Nursing Home Care Act, or
Section 3-206 of the ID/DD Community Care Act, or Section 3-206
of the MC/DD Act, as now or hereafter amended.
(b) "Department" means the Department of Labor.
(c) "Director" means the Director of Labor.
(d) "Health care facility" is defined as in Section 3 of
the Illinois Health Facilities Planning Act, as now or
hereafter amended.
(e) "Licensee" means any nursing agency which is properly
licensed under this Act.
(f) "Nurse" means a registered nurse or a licensed
practical nurse as defined in the Nurse Practice Act.
(g) "Nurse agency" means any individual, firm,
corporation, partnership or other legal entity that employs,
assigns or refers nurses or certified nurse aides to a health
care facility for a fee. The term "nurse agency" includes
nurses registries. The term "nurse agency" does not include
services provided by home health agencies licensed and operated
under the Home Health, Home Services, and Home Nursing Agency
Licensing Act or a licensed or certified individual who
provides his or her own services as a regular employee of a
health care facility, nor does it apply to a health care
facility's organizing nonsalaried employees to provide

HB2755 Engrossed - 547 - LRB099 08043 RPS 28187 b
services only in that facility.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 170. The Illinois Public Aid Code is amended by
changing Sections 5-5, 5-5.7, 5-5.12, 5-5e, 5-6, 5B-1, 5E-5,
8A-11, 11-4.1, and 12-4.25 as follows:
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the rate
of reimbursement for the medical assistance for which payment
will be authorized, and the medical services to be provided,
which may include all or part of the following: (1) inpatient
hospital services; (2) outpatient hospital services; (3) other
laboratory and X-ray services; (4) skilled nursing home
services; (5) physicians' services whether furnished in the
office, the patient's home, a hospital, a skilled nursing home,
or elsewhere; (6) medical care, or any other type of remedial
care furnished by licensed practitioners; (7) home health care
services; (8) private duty nursing service; (9) clinic
services; (10) dental services, including prevention and
treatment of periodontal disease and dental caries disease for
pregnant women, provided by an individual licensed to practice
dentistry or dental surgery; for purposes of this item (10),
"dental services" means diagnostic, preventive, or corrective

HB2755 Engrossed - 548 - LRB099 08043 RPS 28187 b
procedures provided by or under the supervision of a dentist in
the practice of his or her profession; (11) physical therapy
and related services; (12) prescribed drugs, dentures, and
prosthetic devices; and eyeglasses prescribed by a physician
skilled in the diseases of the eye, or by an optometrist,
whichever the person may select; (13) other diagnostic,
screening, preventive, and rehabilitative services, including
to ensure that the individual's need for intervention or
treatment of mental disorders or substance use disorders or
co-occurring mental health and substance use disorders is
determined using a uniform screening, assessment, and
evaluation process inclusive of criteria, for children and
adults; for purposes of this item (13), a uniform screening,
assessment, and evaluation process refers to a process that
includes an appropriate evaluation and, as warranted, a
referral; "uniform" does not mean the use of a singular
instrument, tool, or process that all must utilize; (14)
transportation and such other expenses as may be necessary;
(15) medical treatment of sexual assault survivors, as defined
in Section 1a of the Sexual Assault Survivors Emergency
Treatment Act, for injuries sustained as a result of the sexual
assault, including examinations and laboratory tests to
discover evidence which may be used in criminal proceedings
arising from the sexual assault; (16) the diagnosis and
treatment of sickle cell anemia; and (17) any other medical
care, and any other type of remedial care recognized under the

HB2755 Engrossed - 549 - LRB099 08043 RPS 28187 b
laws of this State, but not including abortions, or induced
miscarriages or premature births, unless, in the opinion of a
physician, such procedures are necessary for the preservation
of the life of the woman seeking such treatment, or except an
induced premature birth intended to produce a live viable child
and such procedure is necessary for the health of the mother or
her unborn child. The Illinois Department, by rule, shall
prohibit any physician from providing medical assistance to
anyone eligible therefor under this Code where such physician
has been found guilty of performing an abortion procedure in a
wilful and wanton manner upon a woman who was not pregnant at
the time such abortion procedure was performed. The term "any
other type of remedial care" shall include nursing care and
nursing home service for persons who rely on treatment by
spiritual means alone through prayer for healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug Administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of payment
for any laboratory test authorized under this Article, that a
physician's handwritten signature appear on the laboratory

HB2755 Engrossed - 550 - LRB099 08043 RPS 28187 b
test order form. The Illinois Department may, however, impose
other appropriate requirements regarding laboratory test order
documentation.
Upon receipt of federal approval of an amendment to the
Illinois Title XIX State Plan for this purpose, the Department
shall authorize the Chicago Public Schools (CPS) to procure a
vendor or vendors to manufacture eyeglasses for individuals
enrolled in a school within the CPS system. CPS shall ensure
that its vendor or vendors are enrolled as providers in the
medical assistance program and in any capitated Medicaid
managed care entity (MCE) serving individuals enrolled in a
school within the CPS system. Under any contract procured under
this provision, the vendor or vendors must serve only
individuals enrolled in a school within the CPS system. Claims
for services provided by CPS's vendor or vendors to recipients
of benefits in the medical assistance program under this Code,
the Children's Health Insurance Program, or the Covering ALL
KIDS Health Insurance Program shall be submitted to the
Department or the MCE in which the individual is enrolled for
payment and shall be reimbursed at the Department's or the
MCE's established rates or rate methodologies for eyeglasses.
On and after July 1, 2012, the Department of Healthcare and
Family Services may provide the following services to persons
eligible for assistance under this Article who are
participating in education, training or employment programs
operated by the Department of Human Services as successor to

HB2755 Engrossed - 551 - LRB099 08043 RPS 28187 b
the Department of Public Aid:
(1) dental services provided by or under the
supervision of a dentist; and
(2) eyeglasses prescribed by a physician skilled in the
diseases of the eye, or by an optometrist, whichever the
person may select.
Notwithstanding any other provision of this Code and
subject to federal approval, the Department may adopt rules to
allow a dentist who is volunteering his or her service at no
cost to render dental services through an enrolled
not-for-profit health clinic without the dentist personally
enrolling as a participating provider in the medical assistance
program. A not-for-profit health clinic shall include a public
health clinic or Federally Qualified Health Center or other
enrolled provider, as determined by the Department, through
which dental services covered under this Section are performed.
The Department shall establish a process for payment of claims
for reimbursement for covered dental services rendered under
this provision.
The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in accordance
with the classes of persons designated in Section 5-2.
The Department of Healthcare and Family Services must
provide coverage and reimbursement for amino acid-based
elemental formulas, regardless of delivery method, for the
diagnosis and treatment of (i) eosinophilic disorders and (ii)

HB2755 Engrossed - 552 - LRB099 08043 RPS 28187 b
short bowel syndrome when the prescribing physician has issued
a written order stating that the amino acid-based elemental
formula is medically necessary.
The Illinois Department shall authorize the provision of,
and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for women
35 years of age or older who are eligible for medical
assistance under this Article, as follows:
(A) A baseline mammogram for women 35 to 39 years of
age.
(B) An annual mammogram for women 40 years of age or
older.
(C) A mammogram at the age and intervals considered
medically necessary by the woman's health care provider for
women under 40 years of age and having a family history of
breast cancer, prior personal history of breast cancer,
positive genetic testing, or other risk factors.
(D) A comprehensive ultrasound screening of an entire
breast or breasts if a mammogram demonstrates
heterogeneous or dense breast tissue, when medically
necessary as determined by a physician licensed to practice
medicine in all of its branches.
All screenings shall include a physical breast exam,
instruction on self-examination and information regarding the
frequency of self-examination and its value as a preventative
tool. For purposes of this Section, "low-dose mammography"

HB2755 Engrossed - 553 - LRB099 08043 RPS 28187 b
means the x-ray examination of the breast using equipment
dedicated specifically for mammography, including the x-ray
tube, filter, compression device, and image receptor, with an
average radiation exposure delivery of less than one rad per
breast for 2 views of an average size breast. The term also
includes digital mammography.
On and after January 1, 2012, providers participating in a
quality improvement program approved by the Department shall be
reimbursed for screening and diagnostic mammography at the same
rate as the Medicare program's rates, including the increased
reimbursement for digital mammography.
The Department shall convene an expert panel including
representatives of hospitals, free-standing mammography
facilities, and doctors, including radiologists, to establish
quality standards.
Subject to federal approval, the Department shall
establish a rate methodology for mammography at federally
qualified health centers and other encounter-rate clinics.
These clinics or centers may also collaborate with other
hospital-based mammography facilities.
The Department shall establish a methodology to remind
women who are age-appropriate for screening mammography, but
who have not received a mammogram within the previous 18
months, of the importance and benefit of screening mammography.
The Department shall establish a performance goal for
primary care providers with respect to their female patients

HB2755 Engrossed - 554 - LRB099 08043 RPS 28187 b
over age 40 receiving an annual mammogram. This performance
goal shall be used to provide additional reimbursement in the
form of a quality performance bonus to primary care providers
who meet that goal.
The Department shall devise a means of case-managing or
patient navigation for beneficiaries diagnosed with breast
cancer. This program shall initially operate as a pilot program
in areas of the State with the highest incidence of mortality
related to breast cancer. At least one pilot program site shall
be in the metropolitan Chicago area and at least one site shall
be outside the metropolitan Chicago area. An evaluation of the
pilot program shall be carried out measuring health outcomes
and cost of care for those served by the pilot program compared
to similarly situated patients who are not served by the pilot
program.
Any medical or health care provider shall immediately
recommend, to any pregnant woman who is being provided prenatal
services and is suspected of drug abuse or is addicted as
defined in the Alcoholism and Other Drug Abuse and Dependency
Act, referral to a local substance abuse treatment provider
licensed by the Department of Human Services or to a licensed
hospital which provides substance abuse treatment services.
The Department of Healthcare and Family Services shall assure
coverage for the cost of treatment of the drug abuse or
addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department of

HB2755 Engrossed - 555 - LRB099 08043 RPS 28187 b
Human Services.
All medical providers providing medical assistance to
pregnant women under this Code shall receive information from
the Department on the availability of services under the Drug
Free Families with a Future or any comparable program providing
case management services for addicted women, including
information on appropriate referrals for other social services
that may be needed by addicted women in addition to treatment
for addiction.
The Illinois Department, in cooperation with the
Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through a
public awareness campaign, may provide information concerning
treatment for alcoholism and drug abuse and addiction, prenatal
health care, and other pertinent programs directed at reducing
the number of drug-affected infants born to recipients of
medical assistance.
Neither the Department of Healthcare and Family Services
nor the Department of Human Services shall sanction the
recipient solely on the basis of her substance abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this Article
as it shall deem appropriate. The Department should seek the
advice of formal professional advisory committees appointed by
the Director of the Illinois Department for the purpose of
providing regular advice on policy and administrative matters,

HB2755 Engrossed - 556 - LRB099 08043 RPS 28187 b
information dissemination and educational activities for
medical and health care providers, and consistency in
procedures to the Illinois Department.
The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration projects
in certain geographic areas. The Partnership shall be
represented by a sponsor organization. The Department, by rule,
shall develop qualifications for sponsors of Partnerships.
Nothing in this Section shall be construed to require that the
sponsor organization be a medical organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse
medical services delivered by Partnership providers to clients
in target areas according to provisions of this Article and the
Illinois Health Finance Reform Act, except that:
(1) Physicians participating in a Partnership and
providing certain services, which shall be determined by
the Illinois Department, to persons in areas covered by the
Partnership may receive an additional surcharge for such

HB2755 Engrossed - 557 - LRB099 08043 RPS 28187 b
services.
(2) The Department may elect to consider and negotiate
financial incentives to encourage the development of
Partnerships and the efficient delivery of medical care.
(3) Persons receiving medical services through
Partnerships may receive medical and case management
services above the level usually offered through the
medical assistance program.
Medical providers shall be required to meet certain
qualifications to participate in Partnerships to ensure the
delivery of high quality medical services. These
qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership
sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical
services by clients. In order to ensure patient freedom of
choice, the Illinois Department shall immediately promulgate
all rules and take all other necessary actions so that provided
services may be accessed from therapeutically certified
optometrists to the full extent of the Illinois Optometric
Practice Act of 1987 without discriminating between service
providers.

HB2755 Engrossed - 558 - LRB099 08043 RPS 28187 b
The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
The Illinois Department shall require health care
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance under
this Article. Such records must be retained for a period of not
less than 6 years from the date of service or as provided by
applicable State law, whichever period is longer, except that
if an audit is initiated within the required retention period
then the records must be retained until the audit is completed
and every exception is resolved. The Illinois Department shall
require health care providers to make available, when
authorized by the patient, in writing, the medical records in a
timely fashion to other health care providers who are treating
or serving persons eligible for Medical Assistance under this
Article. All dispensers of medical services shall be required
to maintain and retain business and professional records
sufficient to fully and accurately document the nature, scope,
details and receipt of the health care provided to persons
eligible for medical assistance under this Code, in accordance
with regulations promulgated by the Illinois Department. The
rules and regulations shall require that proof of the receipt
of prescription drugs, dentures, prosthetic devices and
eyeglasses by eligible persons under this Section accompany
each claim for reimbursement submitted by the dispenser of such

HB2755 Engrossed - 559 - LRB099 08043 RPS 28187 b
medical services. No such claims for reimbursement shall be
approved for payment by the Illinois Department without such
proof of receipt, unless the Illinois Department shall have put
into effect and shall be operating a system of post-payment
audit and review which shall, on a sampling basis, be deemed
adequate by the Illinois Department to assure that such drugs,
dentures, prosthetic devices and eyeglasses for which payment
is being made are actually being received by eligible
recipients. Within 90 days after the effective date of this
amendatory Act of 1984, the Illinois Department shall establish
a current list of acquisition costs for all prosthetic devices
and any other items recognized as medical equipment and
supplies reimbursable under this Article and shall update such
list on a quarterly basis, except that the acquisition costs of
all prescription drugs shall be updated no less frequently than
every 30 days as required by Section 5-5.12.
The rules and regulations of the Illinois Department shall
require that a written statement including the required opinion
of a physician shall accompany any claim for reimbursement for
abortions, or induced miscarriages or premature births. This
statement shall indicate what procedures were used in providing
such medical services.
Notwithstanding any other law to the contrary, the Illinois
Department shall, within 365 days after July 22, 2013, (the
effective date of Public Act 98-104), establish procedures to
permit skilled care facilities licensed under the Nursing Home

HB2755 Engrossed - 560 - LRB099 08043 RPS 28187 b
Care Act to submit monthly billing claims for reimbursement
purposes. Following development of these procedures, the
Department shall have an additional 365 days to test the
viability of the new system and to ensure that any necessary
operational or structural changes to its information
technology platforms are implemented.
Notwithstanding any other law to the contrary, the Illinois
Department shall, within 365 days after August 15, 2014 (the
effective date of Public Act 98-963) this amendatory Act of the
98th General Assembly, establish procedures to permit ID/DD
facilities licensed under the ID/DD Community Care Act to
submit monthly billing claims for reimbursement purposes.
Following development of these procedures, the Department
shall have an additional 365 days to test the viability of the
new system and to ensure that any necessary operational or
structural changes to its information technology platforms are
implemented.
Notwithstanding any other law to the contrary, the Illinois
Department shall, within 365 days after the effective date of
this amendatory Act of the 99th General Assembly, establish
procedures to permit MC/DD facilities licensed under the MC/DD
Act to submit monthly billing claims for reimbursement
purposes. Following development of these procedures, the
Department shall have an additional 365 days to test the
viability of the new system and to ensure that any necessary
operational or structural changes to its information

HB2755 Engrossed - 561 - LRB099 08043 RPS 28187 b
technology platforms are implemented.
The Illinois Department shall require all dispensers of
medical services, other than an individual practitioner or
group of practitioners, desiring to participate in the Medical
Assistance program established under this Article to disclose
all financial, beneficial, ownership, equity, surety or other
interests in any and all firms, corporations, partnerships,
associations, business enterprises, joint ventures, agencies,
institutions or other legal entities providing any form of
health care services in this State under this Article.
The Illinois Department may require that all dispensers of
medical services desiring to participate in the medical
assistance program established under this Article disclose,
under such terms and conditions as the Illinois Department may
by rule establish, all inquiries from clients and attorneys
regarding medical bills paid by the Illinois Department, which
inquiries could indicate potential existence of claims or liens
for the Illinois Department.
Enrollment of a vendor shall be subject to a provisional
period and shall be conditional for one year. During the period
of conditional enrollment, the Department may terminate the
vendor's eligibility to participate in, or may disenroll the
vendor from, the medical assistance program without cause.
Unless otherwise specified, such termination of eligibility or
disenrollment is not subject to the Department's hearing
process. However, a disenrolled vendor may reapply without

HB2755 Engrossed - 562 - LRB099 08043 RPS 28187 b
penalty.
The Department has the discretion to limit the conditional
enrollment period for vendors based upon category of risk of
the vendor.
Prior to enrollment and during the conditional enrollment
period in the medical assistance program, all vendors shall be
subject to enhanced oversight, screening, and review based on
the risk of fraud, waste, and abuse that is posed by the
category of risk of the vendor. The Illinois Department shall
establish the procedures for oversight, screening, and review,
which may include, but need not be limited to: criminal and
financial background checks; fingerprinting; license,
certification, and authorization verifications; unscheduled or
unannounced site visits; database checks; prepayment audit
reviews; audits; payment caps; payment suspensions; and other
screening as required by federal or State law.
The Department shall define or specify the following: (i)
by provider notice, the "category of risk of the vendor" for
each type of vendor, which shall take into account the level of
screening applicable to a particular category of vendor under
federal law and regulations; (ii) by rule or provider notice,
the maximum length of the conditional enrollment period for
each category of risk of the vendor; and (iii) by rule, the
hearing rights, if any, afforded to a vendor in each category
of risk of the vendor that is terminated or disenrolled during
the conditional enrollment period.

HB2755 Engrossed - 563 - LRB099 08043 RPS 28187 b
To be eligible for payment consideration, a vendor's
payment claim or bill, either as an initial claim or as a
resubmitted claim following prior rejection, must be received
by the Illinois Department, or its fiscal intermediary, no
later than 180 days after the latest date on the claim on which
medical goods or services were provided, with the following
exceptions:
(1) In the case of a provider whose enrollment is in
process by the Illinois Department, the 180-day period
shall not begin until the date on the written notice from
the Illinois Department that the provider enrollment is
complete.
(2) In the case of errors attributable to the Illinois
Department or any of its claims processing intermediaries
which result in an inability to receive, process, or
adjudicate a claim, the 180-day period shall not begin
until the provider has been notified of the error.
(3) In the case of a provider for whom the Illinois
Department initiates the monthly billing process.
(4) In the case of a provider operated by a unit of
local government with a population exceeding 3,000,000
when local government funds finance federal participation
for claims payments.
For claims for services rendered during a period for which
a recipient received retroactive eligibility, claims must be
filed within 180 days after the Department determines the

HB2755 Engrossed - 564 - LRB099 08043 RPS 28187 b
applicant is eligible. For claims for which the Illinois
Department is not the primary payer, claims must be submitted
to the Illinois Department within 180 days after the final
adjudication by the primary payer.
In the case of long term care facilities, within 5 days of
receipt by the facility of required prescreening information,
data for new admissions shall be entered into the Medical
Electronic Data Interchange (MEDI) or the Recipient
Eligibility Verification (REV) System or successor system, and
within 15 days of receipt by the facility of required
prescreening information, admission documents shall be
submitted through MEDI or REV or shall be submitted directly to
the Department of Human Services using required admission
forms. Effective September 1, 2014, admission documents,
including all prescreening information, must be submitted
through MEDI or REV. Confirmation numbers assigned to an
accepted transaction shall be retained by a facility to verify
timely submittal. Once an admission transaction has been
completed, all resubmitted claims following prior rejection
are subject to receipt no later than 180 days after the
admission transaction has been completed.
Claims that are not submitted and received in compliance
with the foregoing requirements shall not be eligible for
payment under the medical assistance program, and the State
shall have no liability for payment of those claims.
To the extent consistent with applicable information and

HB2755 Engrossed - 565 - LRB099 08043 RPS 28187 b
privacy, security, and disclosure laws, State and federal
agencies and departments shall provide the Illinois Department
access to confidential and other information and data necessary
to perform eligibility and payment verifications and other
Illinois Department functions. This includes, but is not
limited to: information pertaining to licensure;
certification; earnings; immigration status; citizenship; wage
reporting; unearned and earned income; pension income;
employment; supplemental security income; social security
numbers; National Provider Identifier (NPI) numbers; the
National Practitioner Data Bank (NPDB); program and agency
exclusions; taxpayer identification numbers; tax delinquency;
corporate information; and death records.
The Illinois Department shall enter into agreements with
State agencies and departments, and is authorized to enter into
agreements with federal agencies and departments, under which
such agencies and departments shall share data necessary for
medical assistance program integrity functions and oversight.
The Illinois Department shall develop, in cooperation with
other State departments and agencies, and in compliance with
applicable federal laws and regulations, appropriate and
effective methods to share such data. At a minimum, and to the
extent necessary to provide data sharing, the Illinois
Department shall enter into agreements with State agencies and
departments, and is authorized to enter into agreements with
federal agencies and departments, including but not limited to:

HB2755 Engrossed - 566 - LRB099 08043 RPS 28187 b
the Secretary of State; the Department of Revenue; the
Department of Public Health; the Department of Human Services;
and the Department of Financial and Professional Regulation.
Beginning in fiscal year 2013, the Illinois Department
shall set forth a request for information to identify the
benefits of a pre-payment, post-adjudication, and post-edit
claims system with the goals of streamlining claims processing
and provider reimbursement, reducing the number of pending or
rejected claims, and helping to ensure a more transparent
adjudication process through the utilization of: (i) provider
data verification and provider screening technology; and (ii)
clinical code editing; and (iii) pre-pay, pre- or
post-adjudicated predictive modeling with an integrated case
management system with link analysis. Such a request for
information shall not be considered as a request for proposal
or as an obligation on the part of the Illinois Department to
take any action or acquire any products or services.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the acquisition,
repair and replacement of orthotic and prosthetic devices and
durable medical equipment. Such rules shall provide, but not be
limited to, the following services: (1) immediate repair or
replacement of such devices by recipients; and (2) rental,
lease, purchase or lease-purchase of durable medical equipment
in a cost-effective manner, taking into consideration the
recipient's medical prognosis, the extent of the recipient's

HB2755 Engrossed - 567 - LRB099 08043 RPS 28187 b
needs, and the requirements and costs for maintaining such
equipment. Subject to prior approval, such rules shall enable a
recipient to temporarily acquire and use alternative or
substitute devices or equipment pending repairs or
replacements of any device or equipment previously authorized
for such recipient by the Department.
The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the
Department of Human Services and the Department on Aging, to
effect the following: (i) intake procedures and common
eligibility criteria for those persons who are receiving
non-institutional services; and (ii) the establishment and
development of non-institutional services in areas of the State
where they are not currently available or are undeveloped; and
(iii) notwithstanding any other provision of law, subject to
federal approval, on and after July 1, 2012, an increase in the
determination of need (DON) scores from 29 to 37 for applicants
for institutional and home and community-based long term care;
if and only if federal approval is not granted, the Department
may, in conjunction with other affected agencies, implement
utilization controls or changes in benefit packages to
effectuate a similar savings amount for this population; and
(iv) no later than July 1, 2013, minimum level of care
eligibility criteria for institutional and home and
community-based long term care; and (v) no later than October
1, 2013, establish procedures to permit long term care

HB2755 Engrossed - 568 - LRB099 08043 RPS 28187 b
providers access to eligibility scores for individuals with an
admission date who are seeking or receiving services from the
long term care provider. In order to select the minimum level
of care eligibility criteria, the Governor shall establish a
workgroup that includes affected agency representatives and
stakeholders representing the institutional and home and
community-based long term care interests. This Section shall
not restrict the Department from implementing lower level of
care eligibility criteria for community-based services in
circumstances where federal approval has been granted.
The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation and
programs for monitoring of utilization of health care services
and facilities, as it affects persons eligible for medical
assistance under this Code.
The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of
medical services by public aid recipients;
(b) actual statistics and trends in the provision of
the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors; and

HB2755 Engrossed - 569 - LRB099 08043 RPS 28187 b
(d) efforts at utilization review and control by the
Illinois Department.
The period covered by each report shall be the 3 years
ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the General
Assembly. The filing of one copy of the report with the
Speaker, one copy with the Minority Leader and one copy with
the Clerk of the House of Representatives, one copy with the
President, one copy with the Minority Leader and one copy with
the Secretary of the Senate, one copy with the Legislative
Research Unit, and such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act shall be deemed sufficient to comply with this
Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate of
reimbursement for services or other payments in accordance with
Section 5-5e.

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Because kidney transplantation can be an appropriate, cost
effective alternative to renal dialysis when medically
necessary and notwithstanding the provisions of Section 1-11 of
this Code, beginning October 1, 2014, the Department shall
cover kidney transplantation for noncitizens with end-stage
renal disease who are not eligible for comprehensive medical
benefits, who meet the residency requirements of Section 5-3 of
this Code, and who would otherwise meet the financial
requirements of the appropriate class of eligible persons under
Section 5-2 of this Code. To qualify for coverage of kidney
transplantation, such person must be receiving emergency renal
dialysis services covered by the Department. Providers under
this Section shall be prior approved and certified by the
Department to perform kidney transplantation and the services
under this Section shall be limited to services associated with
kidney transplantation.
(Source: P.A. 97-48, eff. 6-28-11; 97-638, eff. 1-1-12; 97-689,
eff. 6-14-12; 97-1061, eff. 8-24-12; 98-104, Article 9, Section
9-5, eff. 7-22-13; 98-104, Article 12, Section 12-20, eff.
7-22-13; 98-303, eff. 8-9-13; 98-463, eff. 8-16-13; 98-651,
eff. 6-16-14; 98-756, eff. 7-16-14; 98-963, eff. 8-15-14;
revised 10-2-14.)
(305 ILCS 5/5-5.7) (from Ch. 23, par. 5-5.7)
Sec. 5-5.7. Cost Reports - Audits. The Department of
Healthcare and Family Services shall work with the Department

HB2755 Engrossed - 571 - LRB099 08043 RPS 28187 b
of Public Health to use cost report information currently being
collected under provisions of the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, and the
ID/DD Community Care Act, and the MC/DD Act. The Department of
Healthcare and Family Services may, in conjunction with the
Department of Public Health, develop in accordance with
generally accepted accounting principles a uniform chart of
accounts which each facility providing services under the
medical assistance program shall adopt, after a reasonable
period.
Facilities licensed under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
ID/DD Community Care Act, or the MC/DD Act and providers of
adult developmental training services certified by the
Department of Human Services pursuant to Section 15.2 of the
Mental Health and Developmental Disabilities Administrative
Act which provide services to clients eligible for medical
assistance under this Article are responsible for submitting
the required annual cost report to the Department of Healthcare
and Family Services.
The Department of Healthcare and Family Services shall
audit the financial and statistical records of each provider
participating in the medical assistance program as a nursing
facility, a specialized mental health rehabilitation facility,
or an ICF/DD over a 3 year period, beginning with the close of
the first cost reporting year. Following the end of this 3-year

HB2755 Engrossed - 572 - LRB099 08043 RPS 28187 b
term, audits of the financial and statistical records will be
performed each year in at least 20% of the facilities
participating in the medical assistance program with at least
10% being selected on a random sample basis, and the remainder
selected on the basis of exceptional profiles. All audits shall
be conducted in accordance with generally accepted auditing
standards.
The Department of Healthcare and Family Services shall
establish prospective payment rates for categories or levels of
services within each licensure class, in order to more
appropriately recognize the individual needs of patients in
nursing facilities.
The Department of Healthcare and Family Services shall
provide, during the process of establishing the payment rate
for nursing facility, specialized mental health rehabilitation
facility, or ICF/DD services, or when a substantial change in
rates is proposed, an opportunity for public review and comment
on the proposed rates prior to their becoming effective.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(305 ILCS 5/5-5.12) (from Ch. 23, par. 5-5.12)
Sec. 5-5.12. Pharmacy payments.
(a) Every request submitted by a pharmacy for reimbursement
under this Article for prescription drugs provided to a
recipient of aid under this Article shall include the name of

HB2755 Engrossed - 573 - LRB099 08043 RPS 28187 b
the prescriber or an acceptable identification number as
established by the Department.
(b) Pharmacies providing prescription drugs under this
Article shall be reimbursed at a rate which shall include a
professional dispensing fee as determined by the Illinois
Department, plus the current acquisition cost of the
prescription drug dispensed. The Illinois Department shall
update its information on the acquisition costs of all
prescription drugs no less frequently than every 30 days.
However, the Illinois Department may set the rate of
reimbursement for the acquisition cost, by rule, at a
percentage of the current average wholesale acquisition cost.
(c) (Blank).
(d) The Department shall review utilization of narcotic
medications in the medical assistance program and impose
utilization controls that protect against abuse.
(e) When making determinations as to which drugs shall be
on a prior approval list, the Department shall include as part
of the analysis for this determination, the degree to which a
drug may affect individuals in different ways based on factors
including the gender of the person taking the medication.
(f) The Department shall cooperate with the Department of
Public Health and the Department of Human Services Division of
Mental Health in identifying psychotropic medications that,
when given in a particular form, manner, duration, or frequency
(including "as needed") in a dosage, or in conjunction with

HB2755 Engrossed - 574 - LRB099 08043 RPS 28187 b
other psychotropic medications to a nursing home resident or to
a resident of a facility licensed under the ID/DD Community
Care Act or the MC/DD Act, may constitute a chemical restraint
or an "unnecessary drug" as defined by the Nursing Home Care
Act or Titles XVIII and XIX of the Social Security Act and the
implementing rules and regulations. The Department shall
require prior approval for any such medication prescribed for a
nursing home resident or to a resident of a facility licensed
under the ID/DD Community Care Act or the MC/DD Act, that
appears to be a chemical restraint or an unnecessary drug. The
Department shall consult with the Department of Human Services
Division of Mental Health in developing a protocol and criteria
for deciding whether to grant such prior approval.
(g) The Department may by rule provide for reimbursement of
the dispensing of a 90-day supply of a generic or brand name,
non-narcotic maintenance medication in circumstances where it
is cost effective.
(g-5) On and after July 1, 2012, the Department may require
the dispensing of drugs to nursing home residents be in a 7-day
supply or other amount less than a 31-day supply. The
Department shall pay only one dispensing fee per 31-day supply.
(h) Effective July 1, 2011, the Department shall
discontinue coverage of select over-the-counter drugs,
including analgesics and cough and cold and allergy
medications.
(h-5) On and after July 1, 2012, the Department shall

HB2755 Engrossed - 575 - LRB099 08043 RPS 28187 b
impose utilization controls, including, but not limited to,
prior approval on specialty drugs, oncolytic drugs, drugs for
the treatment of HIV or AIDS, immunosuppressant drugs, and
biological products in order to maximize savings on these
drugs. The Department may adjust payment methodologies for
non-pharmacy billed drugs in order to incentivize the selection
of lower-cost drugs. For drugs for the treatment of AIDS, the
Department shall take into consideration the potential for
non-adherence by certain populations, and shall develop
protocols with organizations or providers primarily serving
those with HIV/AIDS, as long as such measures intend to
maintain cost neutrality with other utilization management
controls such as prior approval. For hemophilia, the Department
shall develop a program of utilization review and control which
may include, in the discretion of the Department, prior
approvals. The Department may impose special standards on
providers that dispense blood factors which shall include, in
the discretion of the Department, staff training and education;
patient outreach and education; case management; in-home
patient assessments; assay management; maintenance of stock;
emergency dispensing timeframes; data collection and
reporting; dispensing of supplies related to blood factor
infusions; cold chain management and packaging practices; care
coordination; product recalls; and emergency clinical
consultation. The Department may require patients to receive a
comprehensive examination annually at an appropriate provider

HB2755 Engrossed - 576 - LRB099 08043 RPS 28187 b
in order to be eligible to continue to receive blood factor.
(i) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Code to reduce any
rate of reimbursement for services or other payments in
accordance with Section 5-5e.
(j) On and after July 1, 2012, the Department shall impose
limitations on prescription drugs such that the Department
shall not provide reimbursement for more than 4 prescriptions,
including 3 brand name prescriptions, for distinct drugs in a
30-day period, unless prior approval is received for all
prescriptions in excess of the 4-prescription limit. Drugs in
the following therapeutic classes shall not be subject to prior
approval as a result of the 4-prescription limit:
immunosuppressant drugs, oncolytic drugs, anti-retroviral
drugs, and, on or after July 1, 2014, antipsychotic drugs. On
or after July 1, 2014, the Department may exempt children with
complex medical needs enrolled in a care coordination entity
contracted with the Department to solely coordinate care for
such children, if the Department determines that the entity has
a comprehensive drug reconciliation program.
(k) No medication therapy management program implemented
by the Department shall be contrary to the provisions of the
Pharmacy Practice Act.
(l) Any provider enrolled with the Department that bills
the Department for outpatient drugs and is eligible to enroll

HB2755 Engrossed - 577 - LRB099 08043 RPS 28187 b
in the federal Drug Pricing Program under Section 340B of the
federal Public Health Services Act shall enroll in that
program. No entity participating in the federal Drug Pricing
Program under Section 340B of the federal Public Health
Services Act may exclude Medicaid from their participation in
that program, although the Department may exclude entities
defined in Section 1905(l)(2)(B) of the Social Security Act
from this requirement.
(Source: P.A. 97-38, eff. 6-28-11; 97-74, eff. 6-30-11; 97-333,
eff. 8-12-11; 97-426, eff. 1-1-12; 97-689, eff. 6-14-12;
97-813, eff. 7-13-12; 98-463, eff. 8-16-13; 98-651, eff.
6-16-14.)
(305 ILCS 5/5-5e)
(Text of Section before amendment by P.A. 98-1166)
Sec. 5-5e. Adjusted rates of reimbursement.
(a) Rates or payments for services in effect on June 30,
2012 shall be adjusted and services shall be affected as
required by any other provision of this amendatory Act of the
97th General Assembly. In addition, the Department shall do the
following:
(1) Delink the per diem rate paid for supportive living
facility services from the per diem rate paid for nursing
facility services, effective for services provided on or
after May 1, 2011.
(2) Cease payment for bed reserves in nursing

HB2755 Engrossed - 578 - LRB099 08043 RPS 28187 b
facilities and specialized mental health rehabilitation
facilities.
(2.5) Cease payment for bed reserves for purposes of
inpatient hospitalizations to intermediate care facilities
for persons with development disabilities, except in the
instance of residents who are under 21 years of age.
(3) Cease payment of the $10 per day add-on payment to
nursing facilities for certain residents with
developmental disabilities.
(b) After the application of subsection (a),
notwithstanding any other provision of this Code to the
contrary and to the extent permitted by federal law, on and
after July 1, 2012, the rates of reimbursement for services and
other payments provided under this Code shall further be
reduced as follows:
(1) Rates or payments for physician services, dental
services, or community health center services reimbursed
through an encounter rate, and services provided under the
Medicaid Rehabilitation Option of the Illinois Title XIX
State Plan shall not be further reduced.
(2) Rates or payments, or the portion thereof, paid to
a provider that is operated by a unit of local government
or State University that provides the non-federal share of
such services shall not be further reduced.
(3) Rates or payments for hospital services delivered
by a hospital defined as a Safety-Net Hospital under

HB2755 Engrossed - 579 - LRB099 08043 RPS 28187 b
Section 5-5e.1 of this Code shall not be further reduced.
(4) Rates or payments for hospital services delivered
by a Critical Access Hospital, which is an Illinois
hospital designated as a critical care hospital by the
Department of Public Health in accordance with 42 CFR 485,
Subpart F, shall not be further reduced.
(5) Rates or payments for Nursing Facility Services
shall only be further adjusted pursuant to Section 5-5.2 of
this Code.
(6) Rates or payments for services delivered by long
term care facilities licensed under the ID/DD Community
Care Act and developmental training services shall not be
further reduced.
(7) Rates or payments for services provided under
capitation rates shall be adjusted taking into
consideration the rates reduction and covered services
required by this amendatory Act of the 97th General
Assembly.
(8) For hospitals not previously described in this
subsection, the rates or payments for hospital services
shall be further reduced by 3.5%, except for payments
authorized under Section 5A-12.4 of this Code.
(9) For all other rates or payments for services
delivered by providers not specifically referenced in
paragraphs (1) through (8), rates or payments shall be
further reduced by 2.7%.

HB2755 Engrossed - 580 - LRB099 08043 RPS 28187 b
(c) Any assessment imposed by this Code shall continue and
nothing in this Section shall be construed to cause it to
cease.
(d) Notwithstanding any other provision of this Code to the
contrary, subject to federal approval under Title XIX of the
Social Security Act, for dates of service on and after July 1,
2014, rates or payments for services provided for the purpose
of transitioning children from a hospital to home placement or
other appropriate setting by a children's community-based
health care center authorized under the Alternative Health Care
Delivery Act shall be $683 per day.
(e) Notwithstanding any other provision of this Code to the
contrary, subject to federal approval under Title XIX of the
Social Security Act, for dates of service on and after July 1,
2014, rates or payments for home health visits shall be $72.
(f) Notwithstanding any other provision of this Code to the
contrary, subject to federal approval under Title XIX of the
Social Security Act, for dates of service on and after July 1,
2014, rates or payments for the certified nursing assistant
component of the home health agency rate shall be $20.
(Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13;
98-651, eff. 6-16-14.)
(Text of Section after amendment by P.A. 98-1166)
Sec. 5-5e. Adjusted rates of reimbursement.
(a) Rates or payments for services in effect on June 30,

HB2755 Engrossed - 581 - LRB099 08043 RPS 28187 b
2012 shall be adjusted and services shall be affected as
required by any other provision of this amendatory Act of the
97th General Assembly. In addition, the Department shall do the
following:
(1) Delink the per diem rate paid for supportive living
facility services from the per diem rate paid for nursing
facility services, effective for services provided on or
after May 1, 2011.
(2) Cease payment for bed reserves in nursing
facilities and specialized mental health rehabilitation
facilities; for purposes of therapeutic home visits for
individuals scoring as TBI on the MDS 3.0, beginning June
1, 2015, the Department shall approve payments for bed
reserves in nursing facilities and specialized mental
health rehabilitation facilities that have at least a 90%
occupancy level and at least 80% of their residents are
Medicaid eligible. Payment shall be at a daily rate of 75%
of an individual's current Medicaid per diem and shall not
exceed 10 days in a calendar month.
(2.5) Cease payment for bed reserves for purposes of
inpatient hospitalizations to intermediate care facilities
for persons with development disabilities, except in the
instance of residents who are under 21 years of age.
(3) Cease payment of the $10 per day add-on payment to
nursing facilities for certain residents with
developmental disabilities.

HB2755 Engrossed - 582 - LRB099 08043 RPS 28187 b
(b) After the application of subsection (a),
notwithstanding any other provision of this Code to the
contrary and to the extent permitted by federal law, on and
after July 1, 2012, the rates of reimbursement for services and
other payments provided under this Code shall further be
reduced as follows:
(1) Rates or payments for physician services, dental
services, or community health center services reimbursed
through an encounter rate, and services provided under the
Medicaid Rehabilitation Option of the Illinois Title XIX
State Plan shall not be further reduced.
(2) Rates or payments, or the portion thereof, paid to
a provider that is operated by a unit of local government
or State University that provides the non-federal share of
such services shall not be further reduced.
(3) Rates or payments for hospital services delivered
by a hospital defined as a Safety-Net Hospital under
Section 5-5e.1 of this Code shall not be further reduced.
(4) Rates or payments for hospital services delivered
by a Critical Access Hospital, which is an Illinois
hospital designated as a critical care hospital by the
Department of Public Health in accordance with 42 CFR 485,
Subpart F, shall not be further reduced.
(5) Rates or payments for Nursing Facility Services
shall only be further adjusted pursuant to Section 5-5.2 of
this Code.

HB2755 Engrossed - 583 - LRB099 08043 RPS 28187 b
(6) Rates or payments for services delivered by long
term care facilities licensed under the ID/DD Community
Care Act or the MC/DD Act and developmental training
services shall not be further reduced.
(7) Rates or payments for services provided under
capitation rates shall be adjusted taking into
consideration the rates reduction and covered services
required by this amendatory Act of the 97th General
Assembly.
(8) For hospitals not previously described in this
subsection, the rates or payments for hospital services
shall be further reduced by 3.5%, except for payments
authorized under Section 5A-12.4 of this Code.
(9) For all other rates or payments for services
delivered by providers not specifically referenced in
paragraphs (1) through (8), rates or payments shall be
further reduced by 2.7%.
(c) Any assessment imposed by this Code shall continue and
nothing in this Section shall be construed to cause it to
cease.
(d) Notwithstanding any other provision of this Code to the
contrary, subject to federal approval under Title XIX of the
Social Security Act, for dates of service on and after July 1,
2014, rates or payments for services provided for the purpose
of transitioning children from a hospital to home placement or
other appropriate setting by a children's community-based

HB2755 Engrossed - 584 - LRB099 08043 RPS 28187 b
health care center authorized under the Alternative Health Care
Delivery Act shall be $683 per day.
(e) Notwithstanding any other provision of this Code to the
contrary, subject to federal approval under Title XIX of the
Social Security Act, for dates of service on and after July 1,
2014, rates or payments for home health visits shall be $72.
(f) Notwithstanding any other provision of this Code to the
contrary, subject to federal approval under Title XIX of the
Social Security Act, for dates of service on and after July 1,
2014, rates or payments for the certified nursing assistant
component of the home health agency rate shall be $20.
(Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13;
98-651, eff. 6-16-14; 98-1166, eff. 6-1-15.)
(305 ILCS 5/5-6) (from Ch. 23, par. 5-6)
Sec. 5-6. Obligations incurred prior to death of a
recipient. Obligations incurred but not paid for at the time of
a recipient's death for services authorized under Section 5-5,
including medical and other care in facilities as defined in
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act, or
the MC/DD Act, or in like facilities not required to be
licensed under that Act, may be paid, subject to the rules and
regulations of the Illinois Department, after the death of the
recipient.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,

HB2755 Engrossed - 585 - LRB099 08043 RPS 28187 b
eff. 7-13-12; 98-104, eff. 7-22-13.)
(305 ILCS 5/5B-1) (from Ch. 23, par. 5B-1)
Sec. 5B-1. Definitions. As used in this Article, unless the
context requires otherwise:
"Fund" means the Long-Term Care Provider Fund.
"Long-term care facility" means (i) a nursing facility,
whether public or private and whether organized for profit or
not-for-profit, that is subject to licensure by the Illinois
Department of Public Health under the Nursing Home Care Act, or
the ID/DD Community Care Act, or the MC/DD Act, including a
county nursing home directed and maintained under Section
5-1005 of the Counties Code, and (ii) a part of a hospital in
which skilled or intermediate long-term care services within
the meaning of Title XVIII or XIX of the Social Security Act
are provided; except that the term "long-term care facility"
does not include a facility operated by a State agency or
operated solely as an intermediate care facility for the
mentally retarded within the meaning of Title XIX of the Social
Security Act.
"Long-term care provider" means (i) a person licensed by
the Department of Public Health to operate and maintain a
skilled nursing or intermediate long-term care facility or (ii)
a hospital provider that provides skilled or intermediate
long-term care services within the meaning of Title XVIII or
XIX of the Social Security Act. For purposes of this paragraph,

HB2755 Engrossed - 586 - LRB099 08043 RPS 28187 b
"person" means any political subdivision of the State,
municipal corporation, individual, firm, partnership,
corporation, company, limited liability company, association,
joint stock association, or trust, or a receiver, executor,
trustee, guardian, or other representative appointed by order
of any court. "Hospital provider" means a person licensed by
the Department of Public Health to conduct, operate, or
maintain a hospital.
"Occupied bed days" shall be computed separately for each
long-term care facility operated or maintained by a long-term
care provider, and means the sum for all beds of the number of
days during the month on which each bed was occupied by a
resident, other than a resident for whom Medicare Part A is the
primary payer. For a resident whose care is covered by the
Medicare Medicaid Alignment initiative demonstration, Medicare
Part A is considered the primary payer.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-651, eff. 6-16-14.)
(305 ILCS 5/5E-5)
Sec. 5E-5. Definitions. As used in this Article, unless the
context requires otherwise:
"Nursing home" means (i) a skilled nursing or intermediate
long-term care facility, whether public or private and whether
organized for profit or not-for-profit, that is subject to
licensure by the Illinois Department of Public Health under the

HB2755 Engrossed - 587 - LRB099 08043 RPS 28187 b
Nursing Home Care Act, or the ID/DD Community Care Act, or the
MC/DD Act, including a county nursing home directed and
maintained under Section 5-1005 of the Counties Code, and (ii)
a part of a hospital in which skilled or intermediate long-term
care services within the meaning of Title XVIII or XIX of the
Social Security Act are provided; except that the term "nursing
home" does not include a facility operated solely as an
intermediate care facility for the intellectually disabled
within the meaning of Title XIX of the Social Security Act or a
specialized mental health rehabilitation facility.
"Nursing home provider" means (i) a person licensed by the
Department of Public Health to operate and maintain a skilled
nursing or intermediate long-term care facility which charges
its residents, a third party payor, Medicaid, or Medicare for
skilled nursing or intermediate long-term care services, or
(ii) a hospital provider that provides skilled or intermediate
long-term care services within the meaning of Title XVIII or
XIX of the Social Security Act. "Nursing home provider" does
not include a person who operates or a provider who provides
services within a specialized mental health rehabilitation
facility. For purposes of this paragraph, "person" means any
political subdivision of the State, municipal corporation,
individual, firm, partnership, corporation, company, limited
liability company, association, joint stock association, or
trust, or a receiver, executor, trustee, guardian, or other
representative appointed by order of any court. "Hospital

HB2755 Engrossed - 588 - LRB099 08043 RPS 28187 b
provider" means a person licensed by the Department of Public
Health to conduct, operate, or maintain a hospital.
"Licensed bed days" shall be computed separately for each
nursing home operated or maintained by a nursing home provider
and means, with respect to a nursing home provider, the sum for
all nursing home beds of the number of days during a calendar
quarter on which each bed is covered by a license issued to
that provider under the Nursing Home Care Act or the Hospital
Licensing Act.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
(305 ILCS 5/8A-11) (from Ch. 23, par. 8A-11)
Sec. 8A-11. (a) No person shall:
(1) Knowingly charge a resident of a nursing home for
any services provided pursuant to Article V of the Illinois
Public Aid Code, money or other consideration at a rate in
excess of the rates established for covered services by the
Illinois Department pursuant to Article V of the Illinois
Public Aid Code; or
(2) Knowingly charge, solicit, accept or receive, in
addition to any amount otherwise authorized or required to
be paid pursuant to Article V of the Illinois Public Aid
Code, any gift, money, donation or other consideration:
(i) As a precondition to admitting or expediting
the admission of a recipient or applicant, pursuant to

HB2755 Engrossed - 589 - LRB099 08043 RPS 28187 b
Article V of the Illinois Public Aid Code, to a
long-term care facility as defined in Section 1-113 of
the Nursing Home Care Act or a facility as defined in
Section 1-113 of the ID/DD Community Care Act, Section
1-113 of the MC/DD Act, or Section 1-102 of the
Specialized Mental Health Rehabilitation Act of 2013;
and
(ii) As a requirement for the recipient's or
applicant's continued stay in such facility when the
cost of the services provided therein to the recipient
is paid for, in whole or in part, pursuant to Article V
of the Illinois Public Aid Code.
(b) Nothing herein shall prohibit a person from making a
voluntary contribution, gift or donation to a long-term care
facility.
(c) This paragraph shall not apply to agreements to provide
continuing care or life care between a life care facility as
defined by the Life Care Facilities Act, and a person
financially eligible for benefits pursuant to Article V of the
Illinois Public Aid Code.
(d) Any person who violates this Section shall be guilty of
a business offense and fined not less than $5,000 nor more than
$25,000.
(e) "Person", as used in this Section, means an individual,
corporation, partnership, or unincorporated association.
(f) The State's Attorney of the county in which the

HB2755 Engrossed - 590 - LRB099 08043 RPS 28187 b
facility is located and the Attorney General shall be notified
by the Illinois Department of any alleged violations of this
Section known to the Department.
(g) The Illinois Department shall adopt rules and
regulations to carry out the provisions of this Section.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(305 ILCS 5/11-4.1)
Sec. 11-4.1. Medical providers assisting with applications
for medical assistance. A provider enrolled to provide medical
assistance services may, upon the request of an individual,
accompany, represent, and assist the individual in applying for
medical assistance under Article V of this Code. If an
individual is unable to request such assistance due to
incapacity or mental incompetence and has no other
representative willing or able to assist in the application
process, a facility licensed under the Nursing Home Care Act,
or the ID/DD Community Care Act, or the MC/DD Act or certified
under this Code is authorized to assist the individual in
applying for long-term care services. Subject to the provisions
of the Free Healthcare Benefits Application Assistance Act,
nothing in this Section shall be construed as prohibiting any
individual or entity from assisting another individual in
applying for medical assistance under Article V of this Code.
(Source: P.A. 96-1439, eff. 8-20-10; 97-227, eff. 1-1-12.)

HB2755 Engrossed - 591 - LRB099 08043 RPS 28187 b
(305 ILCS 5/12-4.25) (from Ch. 23, par. 12-4.25)
Sec. 12-4.25. Medical assistance program; vendor
participation.
(A) The Illinois Department may deny, suspend, or terminate
the eligibility of any person, firm, corporation, association,
agency, institution or other legal entity to participate as a
vendor of goods or services to recipients under the medical
assistance program under Article V, or may exclude any such
person or entity from participation as such a vendor, and may
deny, suspend, or recover payments, if after reasonable notice
and opportunity for a hearing the Illinois Department finds:
(a) Such vendor is not complying with the Department's
policy or rules and regulations, or with the terms and
conditions prescribed by the Illinois Department in its
vendor agreement, which document shall be developed by the
Department as a result of negotiations with each vendor
category, including physicians, hospitals, long term care
facilities, pharmacists, optometrists, podiatric
physicians, and dentists setting forth the terms and
conditions applicable to the participation of each vendor
group in the program; or
(b) Such vendor has failed to keep or make available
for inspection, audit or copying, after receiving a written
request from the Illinois Department, such records
regarding payments claimed for providing services. This

HB2755 Engrossed - 592 - LRB099 08043 RPS 28187 b
section does not require vendors to make available patient
records of patients for whom services are not reimbursed
under this Code; or
(c) Such vendor has failed to furnish any information
requested by the Department regarding payments for
providing goods or services; or
(d) Such vendor has knowingly made, or caused to be
made, any false statement or representation of a material
fact in connection with the administration of the medical
assistance program; or
(e) Such vendor has furnished goods or services to a
recipient which are (1) in excess of need, (2) harmful, or
(3) of grossly inferior quality, all of such determinations
to be based upon competent medical judgment and
evaluations; or
(f) The vendor; a person with management
responsibility for a vendor; an officer or person owning,
either directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a corporate
vendor; an owner of a sole proprietorship which is a
vendor; or a partner in a partnership which is a vendor,
either:
(1) was previously terminated, suspended, or
excluded from participation in the Illinois medical
assistance program, or was terminated, suspended, or
excluded from participation in another state or

HB2755 Engrossed - 593 - LRB099 08043 RPS 28187 b
federal medical assistance or health care program; or
(2) was a person with management responsibility
for a vendor previously terminated, suspended, or
excluded from participation in the Illinois medical
assistance program, or terminated, suspended, or
excluded from participation in another state or
federal medical assistance or health care program
during the time of conduct which was the basis for that
vendor's termination, suspension, or exclusion; or
(3) was an officer, or person owning, either
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a corporate or
limited liability company vendor previously
terminated, suspended, or excluded from participation
in the Illinois medical assistance program, or
terminated, suspended, or excluded from participation
in a state or federal medical assistance or health care
program during the time of conduct which was the basis
for that vendor's termination, suspension, or
exclusion; or
(4) was an owner of a sole proprietorship or
partner of a partnership previously terminated,
suspended, or excluded from participation in the
Illinois medical assistance program, or terminated,
suspended, or excluded from participation in a state or
federal medical assistance or health care program

HB2755 Engrossed - 594 - LRB099 08043 RPS 28187 b
during the time of conduct which was the basis for that
vendor's termination, suspension, or exclusion; or
(f-1) Such vendor has a delinquent debt owed to the
Illinois Department; or
(g) The vendor; a person with management
responsibility for a vendor; an officer or person owning,
either directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a corporate or
limited liability company vendor; an owner of a sole
proprietorship which is a vendor; or a partner in a
partnership which is a vendor, either:
(1) has engaged in practices prohibited by
applicable federal or State law or regulation; or
(2) was a person with management responsibility
for a vendor at the time that such vendor engaged in
practices prohibited by applicable federal or State
law or regulation; or
(3) was an officer, or person owning, either
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a vendor at
the time such vendor engaged in practices prohibited by
applicable federal or State law or regulation; or
(4) was an owner of a sole proprietorship or
partner of a partnership which was a vendor at the time
such vendor engaged in practices prohibited by
applicable federal or State law or regulation; or

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(h) The direct or indirect ownership of the vendor
(including the ownership of a vendor that is a sole
proprietorship, a partner's interest in a vendor that is a
partnership, or ownership of 5% or more of the shares of
stock or other evidences of ownership in a corporate
vendor) has been transferred by an individual who is
terminated, suspended, or excluded or barred from
participating as a vendor to the individual's spouse,
child, brother, sister, parent, grandparent, grandchild,
uncle, aunt, niece, nephew, cousin, or relative by
marriage.
(A-5) The Illinois Department may deny, suspend, or
terminate the eligibility of any person, firm, corporation,
association, agency, institution, or other legal entity to
participate as a vendor of goods or services to recipients
under the medical assistance program under Article V, or may
exclude any such person or entity from participation as such a
vendor, if, after reasonable notice and opportunity for a
hearing, the Illinois Department finds that the vendor; a
person with management responsibility for a vendor; an officer
or person owning, either directly or indirectly, 5% or more of
the shares of stock or other evidences of ownership in a
corporate vendor; an owner of a sole proprietorship that is a
vendor; or a partner in a partnership that is a vendor has been
convicted of an offense based on fraud or willful
misrepresentation related to any of the following:

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(1) The medical assistance program under Article V of
this Code.
(2) A medical assistance or health care program in
another state.
(3) The Medicare program under Title XVIII of the
Social Security Act.
(4) The provision of health care services.
(5) A violation of this Code, as provided in Article
VIIIA, or another state or federal medical assistance
program or health care program.
(A-10) The Illinois Department may deny, suspend, or
terminate the eligibility of any person, firm, corporation,
association, agency, institution, or other legal entity to
participate as a vendor of goods or services to recipients
under the medical assistance program under Article V, or may
exclude any such person or entity from participation as such a
vendor, if, after reasonable notice and opportunity for a
hearing, the Illinois Department finds that (i) the vendor,
(ii) a person with management responsibility for a vendor,
(iii) an officer or person owning, either directly or
indirectly, 5% or more of the shares of stock or other
evidences of ownership in a corporate vendor, (iv) an owner of
a sole proprietorship that is a vendor, or (v) a partner in a
partnership that is a vendor has been convicted of an offense
related to any of the following:
(1) Murder.

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(2) A Class X felony under the Criminal Code of 1961 or
the Criminal Code of 2012.
(3) Sexual misconduct that may subject recipients to an
undue risk of harm.
(4) A criminal offense that may subject recipients to
an undue risk of harm.
(5) A crime of fraud or dishonesty.
(6) A crime involving a controlled substance.
(7) A misdemeanor relating to fraud, theft,
embezzlement, breach of fiduciary responsibility, or other
financial misconduct related to a health care program.
(A-15) The Illinois Department may deny the eligibility of
any person, firm, corporation, association, agency,
institution, or other legal entity to participate as a vendor
of goods or services to recipients under the medical assistance
program under Article V if, after reasonable notice and
opportunity for a hearing, the Illinois Department finds:
(1) The applicant or any person with management
responsibility for the applicant; an officer or member of
the board of directors of an applicant; an entity owning
(directly or indirectly) 5% or more of the shares of stock
or other evidences of ownership in a corporate vendor
applicant; an owner of a sole proprietorship applicant; a
partner in a partnership applicant; or a technical or other
advisor to an applicant has a debt owed to the Illinois
Department, and no payment arrangements acceptable to the

HB2755 Engrossed - 598 - LRB099 08043 RPS 28187 b
Illinois Department have been made by the applicant.
(2) The applicant or any person with management
responsibility for the applicant; an officer or member of
the board of directors of an applicant; an entity owning
(directly or indirectly) 5% or more of the shares of stock
or other evidences of ownership in a corporate vendor
applicant; an owner of a sole proprietorship applicant; a
partner in a partnership vendor applicant; or a technical
or other advisor to an applicant was (i) a person with
management responsibility, (ii) an officer or member of the
board of directors of an applicant, (iii) an entity owning
(directly or indirectly) 5% or more of the shares of stock
or other evidences of ownership in a corporate vendor, (iv)
an owner of a sole proprietorship, (v) a partner in a
partnership vendor, (vi) a technical or other advisor to a
vendor, during a period of time where the conduct of that
vendor resulted in a debt owed to the Illinois Department,
and no payment arrangements acceptable to the Illinois
Department have been made by that vendor.
(3) There is a credible allegation of the use,
transfer, or lease of assets of any kind to an applicant
from a current or prior vendor who has a debt owed to the
Illinois Department, no payment arrangements acceptable to
the Illinois Department have been made by that vendor or
the vendor's alternate payee, and the applicant knows or
should have known of such debt.

HB2755 Engrossed - 599 - LRB099 08043 RPS 28187 b
(4) There is a credible allegation of a transfer of
management responsibilities, or direct or indirect
ownership, to an applicant from a current or prior vendor
who has a debt owed to the Illinois Department, and no
payment arrangements acceptable to the Illinois Department
have been made by that vendor or the vendor's alternate
payee, and the applicant knows or should have known of such
debt.
(5) There is a credible allegation of the use,
transfer, or lease of assets of any kind to an applicant
who is a spouse, child, brother, sister, parent,
grandparent, grandchild, uncle, aunt, niece, relative by
marriage, nephew, cousin, or relative of a current or prior
vendor who has a debt owed to the Illinois Department and
no payment arrangements acceptable to the Illinois
Department have been made.
(6) There is a credible allegation that the applicant's
previous affiliations with a provider of medical services
that has an uncollected debt, a provider that has been or
is subject to a payment suspension under a federal health
care program, or a provider that has been previously
excluded from participation in the medical assistance
program, poses a risk of fraud, waste, or abuse to the
Illinois Department.
As used in this subsection, "credible allegation" is
defined to include an allegation from any source, including,

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but not limited to, fraud hotline complaints, claims data
mining, patterns identified through provider audits, civil
actions filed under the Illinois False Claims Act, and law
enforcement investigations. An allegation is considered to be
credible when it has indicia of reliability.
(B) The Illinois Department shall deny, suspend or
terminate the eligibility of any person, firm, corporation,
association, agency, institution or other legal entity to
participate as a vendor of goods or services to recipients
under the medical assistance program under Article V, or may
exclude any such person or entity from participation as such a
vendor:
(1) immediately, if such vendor is not properly
licensed, certified, or authorized;
(2) within 30 days of the date when such vendor's
professional license, certification or other authorization
has been refused renewal, restricted, revoked, suspended,
or otherwise terminated; or
(3) if such vendor has been convicted of a violation of
this Code, as provided in Article VIIIA.
(C) Upon termination, suspension, or exclusion of a vendor
of goods or services from participation in the medical
assistance program authorized by this Article, a person with
management responsibility for such vendor during the time of
any conduct which served as the basis for that vendor's
termination, suspension, or exclusion is barred from

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participation in the medical assistance program.
Upon termination, suspension, or exclusion of a corporate
vendor, the officers and persons owning, directly or
indirectly, 5% or more of the shares of stock or other
evidences of ownership in the vendor during the time of any
conduct which served as the basis for that vendor's
termination, suspension, or exclusion are barred from
participation in the medical assistance program. A person who
owns, directly or indirectly, 5% or more of the shares of stock
or other evidences of ownership in a terminated, suspended, or
excluded vendor may not transfer his or her ownership interest
in that vendor to his or her spouse, child, brother, sister,
parent, grandparent, grandchild, uncle, aunt, niece, nephew,
cousin, or relative by marriage.
Upon termination, suspension, or exclusion of a sole
proprietorship or partnership, the owner or partners during the
time of any conduct which served as the basis for that vendor's
termination, suspension, or exclusion are barred from
participation in the medical assistance program. The owner of a
terminated, suspended, or excluded vendor that is a sole
proprietorship, and a partner in a terminated, suspended, or
excluded vendor that is a partnership, may not transfer his or
her ownership or partnership interest in that vendor to his or
her spouse, child, brother, sister, parent, grandparent,
grandchild, uncle, aunt, niece, nephew, cousin, or relative by
marriage.

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A person who owns, directly or indirectly, 5% or more of
the shares of stock or other evidences of ownership in a
corporate or limited liability company vendor who owes a debt
to the Department, if that vendor has not made payment
arrangements acceptable to the Department, shall not transfer
his or her ownership interest in that vendor, or vendor assets
of any kind, to his or her spouse, child, brother, sister,
parent, grandparent, grandchild, uncle, aunt, niece, nephew,
cousin, or relative by marriage.
Rules adopted by the Illinois Department to implement these
provisions shall specifically include a definition of the term
"management responsibility" as used in this Section. Such
definition shall include, but not be limited to, typical job
titles, and duties and descriptions which will be considered as
within the definition of individuals with management
responsibility for a provider.
A vendor or a prior vendor who has been terminated,
excluded, or suspended from the medical assistance program, or
from another state or federal medical assistance or health care
program, and any individual currently or previously barred from
the medical assistance program, or from another state or
federal medical assistance or health care program, as a result
of being an officer or a person owning, directly or indirectly,
5% or more of the shares of stock or other evidences of
ownership in a corporate or limited liability company vendor
during the time of any conduct which served as the basis for

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that vendor's termination, suspension, or exclusion, may be
required to post a surety bond as part of a condition of
enrollment or participation in the medical assistance program.
The Illinois Department shall establish, by rule, the criteria
and requirements for determining when a surety bond must be
posted and the value of the bond.
A vendor or a prior vendor who has a debt owed to the
Illinois Department and any individual currently or previously
barred from the medical assistance program, or from another
state or federal medical assistance or health care program, as
a result of being an officer or a person owning, directly or
indirectly, 5% or more of the shares of stock or other
evidences of ownership in that corporate or limited liability
company vendor during the time of any conduct which served as
the basis for the debt, may be required to post a surety bond
as part of a condition of enrollment or participation in the
medical assistance program. The Illinois Department shall
establish, by rule, the criteria and requirements for
determining when a surety bond must be posted and the value of
the bond.
(D) If a vendor has been suspended from the medical
assistance program under Article V of the Code, the Director
may require that such vendor correct any deficiencies which
served as the basis for the suspension. The Director shall
specify in the suspension order a specific period of time,
which shall not exceed one year from the date of the order,

HB2755 Engrossed - 604 - LRB099 08043 RPS 28187 b
during which a suspended vendor shall not be eligible to
participate. At the conclusion of the period of suspension the
Director shall reinstate such vendor, unless he finds that such
vendor has not corrected deficiencies upon which the suspension
was based.
If a vendor has been terminated, suspended, or excluded
from the medical assistance program under Article V, such
vendor shall be barred from participation for at least one
year, except that if a vendor has been terminated, suspended,
or excluded based on a conviction of a violation of Article
VIIIA or a conviction of a felony based on fraud or a willful
misrepresentation related to (i) the medical assistance
program under Article V, (ii) a federal or another state's
medical assistance or health care program, or (iii) the
provision of health care services, then the vendor shall be
barred from participation for 5 years or for the length of the
vendor's sentence for that conviction, whichever is longer. At
the end of one year a vendor who has been terminated,
suspended, or excluded may apply for reinstatement to the
program. Upon proper application to be reinstated such vendor
may be deemed eligible by the Director providing that such
vendor meets the requirements for eligibility under this Code.
If such vendor is deemed not eligible for reinstatement, he
shall be barred from again applying for reinstatement for one
year from the date his application for reinstatement is denied.
A vendor whose termination, suspension, or exclusion from

HB2755 Engrossed - 605 - LRB099 08043 RPS 28187 b
participation in the Illinois medical assistance program under
Article V was based solely on an action by a governmental
entity other than the Illinois Department may, upon
reinstatement by that governmental entity or upon reversal of
the termination, suspension, or exclusion, apply for
rescission of the termination, suspension, or exclusion from
participation in the Illinois medical assistance program. Upon
proper application for rescission, the vendor may be deemed
eligible by the Director if the vendor meets the requirements
for eligibility under this Code.
If a vendor has been terminated, suspended, or excluded and
reinstated to the medical assistance program under Article V
and the vendor is terminated, suspended, or excluded a second
or subsequent time from the medical assistance program, the
vendor shall be barred from participation for at least 2 years,
except that if a vendor has been terminated, suspended, or
excluded a second time based on a conviction of a violation of
Article VIIIA or a conviction of a felony based on fraud or a
willful misrepresentation related to (i) the medical
assistance program under Article V, (ii) a federal or another
state's medical assistance or health care program, or (iii) the
provision of health care services, then the vendor shall be
barred from participation for life. At the end of 2 years, a
vendor who has been terminated, suspended, or excluded may
apply for reinstatement to the program. Upon application to be
reinstated, the vendor may be deemed eligible if the vendor

HB2755 Engrossed - 606 - LRB099 08043 RPS 28187 b
meets the requirements for eligibility under this Code. If the
vendor is deemed not eligible for reinstatement, the vendor
shall be barred from again applying for reinstatement for 2
years from the date the vendor's application for reinstatement
is denied.
(E) The Illinois Department may recover money improperly or
erroneously paid, or overpayments, either by setoff, crediting
against future billings or by requiring direct repayment to the
Illinois Department. The Illinois Department may suspend or
deny payment, in whole or in part, if such payment would be
improper or erroneous or would otherwise result in overpayment.
(1) Payments may be suspended, denied, or recovered
from a vendor or alternate payee: (i) for services rendered
in violation of the Illinois Department's provider
notices, statutes, rules, and regulations; (ii) for
services rendered in violation of the terms and conditions
prescribed by the Illinois Department in its vendor
agreement; (iii) for any vendor who fails to grant the
Office of Inspector General timely access to full and
complete records, including, but not limited to, records
relating to recipients under the medical assistance
program for the most recent 6 years, in accordance with
Section 140.28 of Title 89 of the Illinois Administrative
Code, and other information for the purpose of audits,
investigations, or other program integrity functions,
after reasonable written request by the Inspector General;

HB2755 Engrossed - 607 - LRB099 08043 RPS 28187 b
this subsection (E) does not require vendors to make
available the medical records of patients for whom services
are not reimbursed under this Code or to provide access to
medical records more than 6 years old; (iv) when the vendor
has knowingly made, or caused to be made, any false
statement or representation of a material fact in
connection with the administration of the medical
assistance program; or (v) when the vendor previously
rendered services while terminated, suspended, or excluded
from participation in the medical assistance program or
while terminated or excluded from participation in another
state or federal medical assistance or health care program.
(2) Notwithstanding any other provision of law, if a
vendor has the same taxpayer identification number
(assigned under Section 6109 of the Internal Revenue Code
of 1986) as is assigned to a vendor with past-due financial
obligations to the Illinois Department, the Illinois
Department may make any necessary adjustments to payments
to that vendor in order to satisfy any past-due
obligations, regardless of whether the vendor is assigned a
different billing number under the medical assistance
program.
(E-5) Civil monetary penalties.
(1) As used in this subsection (E-5):
(a) "Knowingly" means that a person, with respect
to information: (i) has actual knowledge of the

HB2755 Engrossed - 608 - LRB099 08043 RPS 28187 b
information; (ii) acts in deliberate ignorance of the
truth or falsity of the information; or (iii) acts in
reckless disregard of the truth or falsity of the
information. No proof of specific intent to defraud is
required.
(b) "Overpayment" means any funds that a person
receives or retains from the medical assistance
program to which the person, after applicable
reconciliation, is not entitled under this Code.
(c) "Remuneration" means the offer or transfer of
items or services for free or for other than fair
market value by a person; however, remuneration does
not include items or services of a nominal value of no
more than $10 per item or service, or $50 in the
aggregate on an annual basis, or any other offer or
transfer of items or services as determined by the
Department.
(d) "Should know" means that a person, with respect
to information: (i) acts in deliberate ignorance of the
truth or falsity of the information; or (ii) acts in
reckless disregard of the truth or falsity of the
information. No proof of specific intent to defraud is
required.
(2) Any person (including a vendor, provider,
organization, agency, or other entity, or an alternate
payee thereof, but excluding a recipient) who:

HB2755 Engrossed - 609 - LRB099 08043 RPS 28187 b
(a) knowingly presents or causes to be presented to
an officer, employee, or agent of the State, a claim
that the Department determines:
(i) is for a medical or other item or service
that the person knows or should know was not
provided as claimed, including any person who
engages in a pattern or practice of presenting or
causing to be presented a claim for an item or
service that is based on a code that the person
knows or should know will result in a greater
payment to the person than the code the person
knows or should know is applicable to the item or
service actually provided;
(ii) is for a medical or other item or service
and the person knows or should know that the claim
is false or fraudulent;
(iii) is presented for a vendor physician's
service, or an item or service incident to a vendor
physician's service, by a person who knows or
should know that the individual who furnished, or
supervised the furnishing of, the service:
(AA) was not licensed as a physician;
(BB) was licensed as a physician but such
license had been obtained through a
misrepresentation of material fact (including
cheating on an examination required for

HB2755 Engrossed - 610 - LRB099 08043 RPS 28187 b
licensing); or
(CC) represented to the patient at the
time the service was furnished that the
physician was certified in a medical specialty
by a medical specialty board, when the
individual was not so certified;
(iv) is for a medical or other item or service
furnished during a period in which the person was
excluded from the medical assistance program or a
federal or state health care program under which
the claim was made pursuant to applicable law; or
(v) is for a pattern of medical or other items
or services that a person knows or should know are
not medically necessary;
(b) knowingly presents or causes to be presented to
any person a request for payment which is in violation
of the conditions for receipt of vendor payments under
the medical assistance program under Section 11-13 of
this Code;
(c) knowingly gives or causes to be given to any
person, with respect to medical assistance program
coverage of inpatient hospital services, information
that he or she knows or should know is false or
misleading, and that could reasonably be expected to
influence the decision when to discharge such person or
other individual from the hospital;

HB2755 Engrossed - 611 - LRB099 08043 RPS 28187 b
(d) in the case of a person who is not an
organization, agency, or other entity, is excluded
from participating in the medical assistance program
or a federal or state health care program and who, at
the time of a violation of this subsection (E-5):
(i) retains a direct or indirect ownership or
control interest in an entity that is
participating in the medical assistance program or
a federal or state health care program, and who
knows or should know of the action constituting the
basis for the exclusion; or
(ii) is an officer or managing employee of such
an entity;
(e) offers or transfers remuneration to any
individual eligible for benefits under the medical
assistance program that such person knows or should
know is likely to influence such individual to order or
receive from a particular vendor, provider,
practitioner, or supplier any item or service for which
payment may be made, in whole or in part, under the
medical assistance program;
(f) arranges or contracts (by employment or
otherwise) with an individual or entity that the person
knows or should know is excluded from participation in
the medical assistance program or a federal or state
health care program, for the provision of items or

HB2755 Engrossed - 612 - LRB099 08043 RPS 28187 b
services for which payment may be made under such a
program;
(g) commits an act described in subsection (b) or
(c) of Section 8A-3;
(h) knowingly makes, uses, or causes to be made or
used, a false record or statement material to a false
or fraudulent claim for payment for items and services
furnished under the medical assistance program;
(i) fails to grant timely access, upon reasonable
request (as defined by the Department by rule), to the
Inspector General, for the purpose of audits,
investigations, evaluations, or other statutory
functions of the Inspector General of the Department;
(j) orders or prescribes a medical or other item or
service during a period in which the person was
excluded from the medical assistance program or a
federal or state health care program, in the case where
the person knows or should know that a claim for such
medical or other item or service will be made under
such a program;
(k) knowingly makes or causes to be made any false
statement, omission, or misrepresentation of a
material fact in any application, bid, or contract to
participate or enroll as a vendor or provider of
services or a supplier under the medical assistance
program;

HB2755 Engrossed - 613 - LRB099 08043 RPS 28187 b
(l) knows of an overpayment and does not report and
return the overpayment to the Department in accordance
with paragraph (6);
shall be subject, in addition to any other penalties that
may be prescribed by law, to a civil money penalty of not
more than $10,000 for each item or service (or, in cases
under subparagraph (c), $15,000 for each individual with
respect to whom false or misleading information was given;
in cases under subparagraph (d), $10,000 for each day the
prohibited relationship occurs; in cases under
subparagraph (g), $50,000 for each such act; in cases under
subparagraph (h), $50,000 for each false record or
statement; in cases under subparagraph (i), $15,000 for
each day of the failure described in such subparagraph; or
in cases under subparagraph (k), $50,000 for each false
statement, omission, or misrepresentation of a material
fact). In addition, such a person shall be subject to an
assessment of not more than 3 times the amount claimed for
each such item or service in lieu of damages sustained by
the State because of such claim (or, in cases under
subparagraph (g), damages of not more than 3 times the
total amount of remuneration offered, paid, solicited, or
received, without regard to whether a portion of such
remuneration was offered, paid, solicited, or received for
a lawful purpose; or in cases under subparagraph (k), an
assessment of not more than 3 times the total amount

HB2755 Engrossed - 614 - LRB099 08043 RPS 28187 b
claimed for each item or service for which payment was made
based upon the application, bid, or contract containing the
false statement, omission, or misrepresentation of a
material fact).
(3) In addition, the Director or his or her designee
may make a determination in the same proceeding to exclude,
terminate, suspend, or bar the person from participation in
the medical assistance program.
(4) The Illinois Department may seek the civil monetary
penalties and exclusion, termination, suspension, or
barment identified in this subsection (E-5). Prior to the
imposition of any penalties or sanctions, the affected
person shall be afforded an opportunity for a hearing after
reasonable notice. The Department shall establish hearing
procedures by rule.
(5) Any final order, decision, or other determination
made, issued, or executed by the Director under the
provisions of this subsection (E-5), whereby a person is
aggrieved, shall be subject to review in accordance with
the provisions of the Administrative Review Law, and the
rules adopted pursuant thereto, which shall apply to and
govern all proceedings for the judicial review of final
administrative decisions of the Director.
(6)(a) If a person has received an overpayment, the
person shall:
(i) report and return the overpayment to the

HB2755 Engrossed - 615 - LRB099 08043 RPS 28187 b
Department at the correct address; and
(ii) notify the Department in writing of the reason
for the overpayment.
(b) An overpayment must be reported and returned under
subparagraph (a) by the later of:
(i) the date which is 60 days after the date on
which the overpayment was identified; or
(ii) the date any corresponding cost report is due,
if applicable.
(E-10) A vendor who disputes an overpayment identified as
part of a Department audit shall utilize the Department's
self-referral disclosure protocol as set forth under this Code
to identify, investigate, and return to the Department any
undisputed audit overpayment amount. Unless the disputed
overpayment amount is subject to a fraud payment suspension, or
involves a termination sanction, the Department shall defer the
recovery of the disputed overpayment amount up to one year
after the date of the Department's final audit determination,
or earlier, or as required by State or federal law. If the
administrative hearing extends beyond one year, and such delay
was not caused by the request of the vendor, then the
Department shall not recover the disputed overpayment amount
until the date of the final administrative decision. If a final
administrative decision establishes that the disputed
overpayment amount is owed to the Department, then the amount
shall be immediately due to the Department. The Department

HB2755 Engrossed - 616 - LRB099 08043 RPS 28187 b
shall be entitled to recover interest from the vendor on the
overpayment amount from the date of the overpayment through the
date the vendor returns the overpayment to the Department at a
rate not to exceed the Wall Street Journal Prime Rate, as
published from time to time, but not to exceed 5%. Any interest
billed by the Department shall be due immediately upon receipt
of the Department's billing statement.
(F) The Illinois Department may withhold payments to any
vendor or alternate payee prior to or during the pendency of
any audit or proceeding under this Section, and through the
pendency of any administrative appeal or administrative review
by any court proceeding. The Illinois Department shall state by
rule with as much specificity as practicable the conditions
under which payments will not be withheld under this Section.
Payments may be denied for bills submitted with service dates
occurring during the pendency of a proceeding, after a final
decision has been rendered, or after the conclusion of any
administrative appeal, where the final administrative decision
is to terminate, exclude, or suspend eligibility to participate
in the medical assistance program. The Illinois Department
shall state by rule with as much specificity as practicable the
conditions under which payments will not be denied for such
bills. The Illinois Department shall state by rule a process
and criteria by which a vendor or alternate payee may request
full or partial release of payments withheld under this
subsection. The Department must complete a proceeding under

HB2755 Engrossed - 617 - LRB099 08043 RPS 28187 b
this Section in a timely manner.
Notwithstanding recovery allowed under subsection (E) or
this subsection (F), the Illinois Department may withhold
payments to any vendor or alternate payee who is not properly
licensed, certified, or in compliance with State or federal
agency regulations. Payments may be denied for bills submitted
with service dates occurring during the period of time that a
vendor is not properly licensed, certified, or in compliance
with State or federal regulations. Facilities licensed under
the Nursing Home Care Act shall have payments denied or
withheld pursuant to subsection (I) of this Section.
(F-5) The Illinois Department may temporarily withhold
payments to a vendor or alternate payee if any of the following
individuals have been indicted or otherwise charged under a law
of the United States or this or any other state with an offense
that is based on alleged fraud or willful misrepresentation on
the part of the individual related to (i) the medical
assistance program under Article V of this Code, (ii) a federal
or another state's medical assistance or health care program,
or (iii) the provision of health care services:
(1) If the vendor or alternate payee is a corporation:
an officer of the corporation or an individual who owns,
either directly or indirectly, 5% or more of the shares of
stock or other evidence of ownership of the corporation.
(2) If the vendor is a sole proprietorship: the owner
of the sole proprietorship.

HB2755 Engrossed - 618 - LRB099 08043 RPS 28187 b
(3) If the vendor or alternate payee is a partnership:
a partner in the partnership.
(4) If the vendor or alternate payee is any other
business entity authorized by law to transact business in
this State: an officer of the entity or an individual who
owns, either directly or indirectly, 5% or more of the
evidences of ownership of the entity.
If the Illinois Department withholds payments to a vendor
or alternate payee under this subsection, the Department shall
not release those payments to the vendor or alternate payee
while any criminal proceeding related to the indictment or
charge is pending unless the Department determines that there
is good cause to release the payments before completion of the
proceeding. If the indictment or charge results in the
individual's conviction, the Illinois Department shall retain
all withheld payments, which shall be considered forfeited to
the Department. If the indictment or charge does not result in
the individual's conviction, the Illinois Department shall
release to the vendor or alternate payee all withheld payments.
(F-10) If the Illinois Department establishes that the
vendor or alternate payee owes a debt to the Illinois
Department, and the vendor or alternate payee subsequently
fails to pay or make satisfactory payment arrangements with the
Illinois Department for the debt owed, the Illinois Department
may seek all remedies available under the law of this State to
recover the debt, including, but not limited to, wage

HB2755 Engrossed - 619 - LRB099 08043 RPS 28187 b
garnishment or the filing of claims or liens against the vendor
or alternate payee.
(F-15) Enforcement of judgment.
(1) Any fine, recovery amount, other sanction, or costs
imposed, or part of any fine, recovery amount, other
sanction, or cost imposed, remaining unpaid after the
exhaustion of or the failure to exhaust judicial review
procedures under the Illinois Administrative Review Law is
a debt due and owing the State and may be collected using
all remedies available under the law.
(2) After expiration of the period in which judicial
review under the Illinois Administrative Review Law may be
sought for a final administrative decision, unless stayed
by a court of competent jurisdiction, the findings,
decision, and order of the Director may be enforced in the
same manner as a judgment entered by a court of competent
jurisdiction.
(3) In any case in which any person or entity has
failed to comply with a judgment ordering or imposing any
fine or other sanction, any expenses incurred by the
Illinois Department to enforce the judgment, including,
but not limited to, attorney's fees, court costs, and costs
related to property demolition or foreclosure, after they
are fixed by a court of competent jurisdiction or the
Director, shall be a debt due and owing the State and may
be collected in accordance with applicable law. Prior to

HB2755 Engrossed - 620 - LRB099 08043 RPS 28187 b
any expenses being fixed by a final administrative decision
pursuant to this subsection (F-15), the Illinois
Department shall provide notice to the individual or entity
that states that the individual or entity shall appear at a
hearing before the administrative hearing officer to
determine whether the individual or entity has failed to
comply with the judgment. The notice shall set the date for
such a hearing, which shall not be less than 7 days from
the date that notice is served. If notice is served by
mail, the 7-day period shall begin to run on the date that
the notice was deposited in the mail.
(4) Upon being recorded in the manner required by
Article XII of the Code of Civil Procedure or by the
Uniform Commercial Code, a lien shall be imposed on the
real estate or personal estate, or both, of the individual
or entity in the amount of any debt due and owing the State
under this Section. The lien may be enforced in the same
manner as a judgment of a court of competent jurisdiction.
A lien shall attach to all property and assets of such
person, firm, corporation, association, agency,
institution, or other legal entity until the judgment is
satisfied.
(5) The Director may set aside any judgment entered by
default and set a new hearing date upon a petition filed at
any time (i) if the petitioner's failure to appear at the
hearing was for good cause, or (ii) if the petitioner

HB2755 Engrossed - 621 - LRB099 08043 RPS 28187 b
established that the Department did not provide proper
service of process. If any judgment is set aside pursuant
to this paragraph (5), the hearing officer shall have
authority to enter an order extinguishing any lien which
has been recorded for any debt due and owing the Illinois
Department as a result of the vacated default judgment.
(G) The provisions of the Administrative Review Law, as now
or hereafter amended, and the rules adopted pursuant thereto,
shall apply to and govern all proceedings for the judicial
review of final administrative decisions of the Illinois
Department under this Section. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil
Procedure.
(G-5) Vendors who pose a risk of fraud, waste, abuse, or
harm.
(1) Notwithstanding any other provision in this
Section, the Department may terminate, suspend, or exclude
vendors who pose a risk of fraud, waste, abuse, or harm
from participation in the medical assistance program prior
to an evidentiary hearing but after reasonable notice and
opportunity to respond as established by the Department by
rule.
(2) Vendors who pose a risk of fraud, waste, abuse, or
harm shall submit to a fingerprint-based criminal
background check on current and future information
available in the State system and current information

HB2755 Engrossed - 622 - LRB099 08043 RPS 28187 b
available through the Federal Bureau of Investigation's
system by submitting all necessary fees and information in
the form and manner prescribed by the Department of State
Police. The following individuals shall be subject to the
check:
(A) In the case of a vendor that is a corporation,
every shareholder who owns, directly or indirectly, 5%
or more of the outstanding shares of the corporation.
(B) In the case of a vendor that is a partnership,
every partner.
(C) In the case of a vendor that is a sole
proprietorship, the sole proprietor.
(D) Each officer or manager of the vendor.
Each such vendor shall be responsible for payment of
the cost of the criminal background check.
(3) Vendors who pose a risk of fraud, waste, abuse, or
harm may be required to post a surety bond. The Department
shall establish, by rule, the criteria and requirements for
determining when a surety bond must be posted and the value
of the bond.
(4) The Department, or its agents, may refuse to accept
requests for authorization from specific vendors who pose a
risk of fraud, waste, abuse, or harm, including
prior-approval and post-approval requests, if:
(A) the Department has initiated a notice of
termination, suspension, or exclusion of the vendor

HB2755 Engrossed - 623 - LRB099 08043 RPS 28187 b
from participation in the medical assistance program;
or
(B) the Department has issued notification of its
withholding of payments pursuant to subsection (F-5)
of this Section; or
(C) the Department has issued a notification of its
withholding of payments due to reliable evidence of
fraud or willful misrepresentation pending
investigation.
(5) As used in this subsection, the following terms are
defined as follows:
(A) "Fraud" means an intentional deception or
misrepresentation made by a person with the knowledge
that the deception could result in some unauthorized
benefit to himself or herself or some other person. It
includes any act that constitutes fraud under
applicable federal or State law.
(B) "Abuse" means provider practices that are
inconsistent with sound fiscal, business, or medical
practices and that result in an unnecessary cost to the
medical assistance program or in reimbursement for
services that are not medically necessary or that fail
to meet professionally recognized standards for health
care. It also includes recipient practices that result
in unnecessary cost to the medical assistance program.
Abuse does not include diagnostic or therapeutic

HB2755 Engrossed - 624 - LRB099 08043 RPS 28187 b
measures conducted primarily as a safeguard against
possible vendor liability.
(C) "Waste" means the unintentional misuse of
medical assistance resources, resulting in unnecessary
cost to the medical assistance program. Waste does not
include diagnostic or therapeutic measures conducted
primarily as a safeguard against possible vendor
liability.
(D) "Harm" means physical, mental, or monetary
damage to recipients or to the medical assistance
program.
(G-6) The Illinois Department, upon making a determination
based upon information in the possession of the Illinois
Department that continuation of participation in the medical
assistance program by a vendor would constitute an immediate
danger to the public, may immediately suspend such vendor's
participation in the medical assistance program without a
hearing. In instances in which the Illinois Department
immediately suspends the medical assistance program
participation of a vendor under this Section, a hearing upon
the vendor's participation must be convened by the Illinois
Department within 15 days after such suspension and completed
without appreciable delay. Such hearing shall be held to
determine whether to recommend to the Director that the
vendor's medical assistance program participation be denied,
terminated, suspended, placed on provisional status, or

HB2755 Engrossed - 625 - LRB099 08043 RPS 28187 b
reinstated. In the hearing, any evidence relevant to the vendor
constituting an immediate danger to the public may be
introduced against such vendor; provided, however, that the
vendor, or his or her counsel, shall have the opportunity to
discredit, impeach, and submit evidence rebutting such
evidence.
(H) Nothing contained in this Code shall in any way limit
or otherwise impair the authority or power of any State agency
responsible for licensing of vendors.
(I) Based on a finding of noncompliance on the part of a
nursing home with any requirement for certification under Title
XVIII or XIX of the Social Security Act (42 U.S.C. Sec. 1395 et
seq. or 42 U.S.C. Sec. 1396 et seq.), the Illinois Department
may impose one or more of the following remedies after notice
to the facility:
(1) Termination of the provider agreement.
(2) Temporary management.
(3) Denial of payment for new admissions.
(4) Civil money penalties.
(5) Closure of the facility in emergency situations or
transfer of residents, or both.
(6) State monitoring.
(7) Denial of all payments when the U.S. Department of
Health and Human Services has imposed this sanction.
The Illinois Department shall by rule establish criteria
governing continued payments to a nursing facility subsequent

HB2755 Engrossed - 626 - LRB099 08043 RPS 28187 b
to termination of the facility's provider agreement if, in the
sole discretion of the Illinois Department, circumstances
affecting the health, safety, and welfare of the facility's
residents require those continued payments. The Illinois
Department may condition those continued payments on the
appointment of temporary management, sale of the facility to
new owners or operators, or other arrangements that the
Illinois Department determines best serve the needs of the
facility's residents.
Except in the case of a facility that has a right to a
hearing on the finding of noncompliance before an agency of the
federal government, a facility may request a hearing before a
State agency on any finding of noncompliance within 60 days
after the notice of the intent to impose a remedy. Except in
the case of civil money penalties, a request for a hearing
shall not delay imposition of the penalty. The choice of
remedies is not appealable at a hearing. The level of
noncompliance may be challenged only in the case of a civil
money penalty. The Illinois Department shall provide by rule
for the State agency that will conduct the evidentiary
hearings.
The Illinois Department may collect interest on unpaid
civil money penalties.
The Illinois Department may adopt all rules necessary to
implement this subsection (I).
(J) The Illinois Department, by rule, may permit individual

HB2755 Engrossed - 627 - LRB099 08043 RPS 28187 b
practitioners to designate that Department payments that may be
due the practitioner be made to an alternate payee or alternate
payees.
(a) Such alternate payee or alternate payees shall be
required to register as an alternate payee in the Medical
Assistance Program with the Illinois Department.
(b) If a practitioner designates an alternate payee,
the alternate payee and practitioner shall be jointly and
severally liable to the Department for payments made to the
alternate payee. Pursuant to subsection (E) of this
Section, any Department action to suspend or deny payment
or recover money or overpayments from an alternate payee
shall be subject to an administrative hearing.
(c) Registration as an alternate payee or alternate
payees in the Illinois Medical Assistance Program shall be
conditional. At any time, the Illinois Department may deny
or cancel any alternate payee's registration in the
Illinois Medical Assistance Program without cause. Any
such denial or cancellation is not subject to an
administrative hearing.
(d) The Illinois Department may seek a revocation of
any alternate payee, and all owners, officers, and
individuals with management responsibility for such
alternate payee shall be permanently prohibited from
participating as an owner, an officer, or an individual
with management responsibility with an alternate payee in

HB2755 Engrossed - 628 - LRB099 08043 RPS 28187 b
the Illinois Medical Assistance Program, if after
reasonable notice and opportunity for a hearing the
Illinois Department finds that:
(1) the alternate payee is not complying with the
Department's policy or rules and regulations, or with
the terms and conditions prescribed by the Illinois
Department in its alternate payee registration
agreement; or
(2) the alternate payee has failed to keep or make
available for inspection, audit, or copying, after
receiving a written request from the Illinois
Department, such records regarding payments claimed as
an alternate payee; or
(3) the alternate payee has failed to furnish any
information requested by the Illinois Department
regarding payments claimed as an alternate payee; or
(4) the alternate payee has knowingly made, or
caused to be made, any false statement or
representation of a material fact in connection with
the administration of the Illinois Medical Assistance
Program; or
(5) the alternate payee, a person with management
responsibility for an alternate payee, an officer or
person owning, either directly or indirectly, 5% or
more of the shares of stock or other evidences of
ownership in a corporate alternate payee, or a partner

HB2755 Engrossed - 629 - LRB099 08043 RPS 28187 b
in a partnership which is an alternate payee:
(a) was previously terminated, suspended, or
excluded from participation as a vendor in the
Illinois Medical Assistance Program, or was
previously revoked as an alternate payee in the
Illinois Medical Assistance Program, or was
terminated, suspended, or excluded from
participation as a vendor in a medical assistance
program in another state that is of the same kind
as the program of medical assistance provided
under Article V of this Code; or
(b) was a person with management
responsibility for a vendor previously terminated,
suspended, or excluded from participation as a
vendor in the Illinois Medical Assistance Program,
or was previously revoked as an alternate payee in
the Illinois Medical Assistance Program, or was
terminated, suspended, or excluded from
participation as a vendor in a medical assistance
program in another state that is of the same kind
as the program of medical assistance provided
under Article V of this Code, during the time of
conduct which was the basis for that vendor's
termination, suspension, or exclusion or alternate
payee's revocation; or
(c) was an officer, or person owning, either

HB2755 Engrossed - 630 - LRB099 08043 RPS 28187 b
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a
corporate vendor previously terminated, suspended,
or excluded from participation as a vendor in the
Illinois Medical Assistance Program, or was
previously revoked as an alternate payee in the
Illinois Medical Assistance Program, or was
terminated, suspended, or excluded from
participation as a vendor in a medical assistance
program in another state that is of the same kind
as the program of medical assistance provided
under Article V of this Code, during the time of
conduct which was the basis for that vendor's
termination, suspension, or exclusion; or
(d) was an owner of a sole proprietorship or
partner in a partnership previously terminated,
suspended, or excluded from participation as a
vendor in the Illinois Medical Assistance Program,
or was previously revoked as an alternate payee in
the Illinois Medical Assistance Program, or was
terminated, suspended, or excluded from
participation as a vendor in a medical assistance
program in another state that is of the same kind
as the program of medical assistance provided
under Article V of this Code, during the time of
conduct which was the basis for that vendor's

HB2755 Engrossed - 631 - LRB099 08043 RPS 28187 b
termination, suspension, or exclusion or alternate
payee's revocation; or
(6) the alternate payee, a person with management
responsibility for an alternate payee, an officer or
person owning, either directly or indirectly, 5% or
more of the shares of stock or other evidences of
ownership in a corporate alternate payee, or a partner
in a partnership which is an alternate payee:
(a) has engaged in conduct prohibited by
applicable federal or State law or regulation
relating to the Illinois Medical Assistance
Program; or
(b) was a person with management
responsibility for a vendor or alternate payee at
the time that the vendor or alternate payee engaged
in practices prohibited by applicable federal or
State law or regulation relating to the Illinois
Medical Assistance Program; or
(c) was an officer, or person owning, either
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a vendor
or alternate payee at the time such vendor or
alternate payee engaged in practices prohibited by
applicable federal or State law or regulation
relating to the Illinois Medical Assistance
Program; or

HB2755 Engrossed - 632 - LRB099 08043 RPS 28187 b
(d) was an owner of a sole proprietorship or
partner in a partnership which was a vendor or
alternate payee at the time such vendor or
alternate payee engaged in practices prohibited by
applicable federal or State law or regulation
relating to the Illinois Medical Assistance
Program; or
(7) the direct or indirect ownership of the vendor
or alternate payee (including the ownership of a vendor
or alternate payee that is a partner's interest in a
vendor or alternate payee, or ownership of 5% or more
of the shares of stock or other evidences of ownership
in a corporate vendor or alternate payee) has been
transferred by an individual who is terminated,
suspended, or excluded or barred from participating as
a vendor or is prohibited or revoked as an alternate
payee to the individual's spouse, child, brother,
sister, parent, grandparent, grandchild, uncle, aunt,
niece, nephew, cousin, or relative by marriage.
(K) The Illinois Department of Healthcare and Family
Services may withhold payments, in whole or in part, to a
provider or alternate payee where there is credible evidence,
received from State or federal law enforcement or federal
oversight agencies or from the results of a preliminary
Department audit, that the circumstances giving rise to the
need for a withholding of payments may involve fraud or willful

HB2755 Engrossed - 633 - LRB099 08043 RPS 28187 b
misrepresentation under the Illinois Medical Assistance
program. The Department shall by rule define what constitutes
"credible" evidence for purposes of this subsection. The
Department may withhold payments without first notifying the
provider or alternate payee of its intention to withhold such
payments. A provider or alternate payee may request a
reconsideration of payment withholding, and the Department
must grant such a request. The Department shall state by rule a
process and criteria by which a provider or alternate payee may
request full or partial release of payments withheld under this
subsection. This request may be made at any time after the
Department first withholds such payments.
(a) The Illinois Department must send notice of its
withholding of program payments within 5 days of taking
such action. The notice must set forth the general
allegations as to the nature of the withholding action, but
need not disclose any specific information concerning its
ongoing investigation. The notice must do all of the
following:
(1) State that payments are being withheld in
accordance with this subsection.
(2) State that the withholding is for a temporary
period, as stated in paragraph (b) of this subsection,
and cite the circumstances under which withholding
will be terminated.
(3) Specify, when appropriate, which type or types

HB2755 Engrossed - 634 - LRB099 08043 RPS 28187 b
of Medicaid claims withholding is effective.
(4) Inform the provider or alternate payee of the
right to submit written evidence for reconsideration
of the withholding by the Illinois Department.
(5) Inform the provider or alternate payee that a
written request may be made to the Illinois Department
for full or partial release of withheld payments and
that such requests may be made at any time after the
Department first withholds such payments.
(b) All withholding-of-payment actions under this
subsection shall be temporary and shall not continue after
any of the following:
(1) The Illinois Department or the prosecuting
authorities determine that there is insufficient
evidence of fraud or willful misrepresentation by the
provider or alternate payee.
(2) Legal proceedings related to the provider's or
alternate payee's alleged fraud, willful
misrepresentation, violations of this Act, or
violations of the Illinois Department's administrative
rules are completed.
(3) The withholding of payments for a period of 3
years.
(c) The Illinois Department may adopt all rules
necessary to implement this subsection (K).
(K-5) The Illinois Department may withhold payments, in

HB2755 Engrossed - 635 - LRB099 08043 RPS 28187 b
whole or in part, to a provider or alternate payee upon
initiation of an audit, quality of care review, investigation
when there is a credible allegation of fraud, or the provider
or alternate payee demonstrating a clear failure to cooperate
with the Illinois Department such that the circumstances give
rise to the need for a withholding of payments. As used in this
subsection, "credible allegation" is defined to include an
allegation from any source, including, but not limited to,
fraud hotline complaints, claims data mining, patterns
identified through provider audits, civil actions filed under
the Illinois False Claims Act, and law enforcement
investigations. An allegation is considered to be credible when
it has indicia of reliability. The Illinois Department may
withhold payments without first notifying the provider or
alternate payee of its intention to withhold such payments. A
provider or alternate payee may request a hearing or a
reconsideration of payment withholding, and the Illinois
Department must grant such a request. The Illinois Department
shall state by rule a process and criteria by which a provider
or alternate payee may request a hearing or a reconsideration
for the full or partial release of payments withheld under this
subsection. This request may be made at any time after the
Illinois Department first withholds such payments.
(a) The Illinois Department must send notice of its
withholding of program payments within 5 days of taking
such action. The notice must set forth the general

HB2755 Engrossed - 636 - LRB099 08043 RPS 28187 b
allegations as to the nature of the withholding action but
need not disclose any specific information concerning its
ongoing investigation. The notice must do all of the
following:
(1) State that payments are being withheld in
accordance with this subsection.
(2) State that the withholding is for a temporary
period, as stated in paragraph (b) of this subsection,
and cite the circumstances under which withholding
will be terminated.
(3) Specify, when appropriate, which type or types
of claims are withheld.
(4) Inform the provider or alternate payee of the
right to request a hearing or a reconsideration of the
withholding by the Illinois Department, including the
ability to submit written evidence.
(5) Inform the provider or alternate payee that a
written request may be made to the Illinois Department
for a hearing or a reconsideration for the full or
partial release of withheld payments and that such
requests may be made at any time after the Illinois
Department first withholds such payments.
(b) All withholding of payment actions under this
subsection shall be temporary and shall not continue after
any of the following:
(1) The Illinois Department determines that there

HB2755 Engrossed - 637 - LRB099 08043 RPS 28187 b
is insufficient evidence of fraud, or the provider or
alternate payee demonstrates clear cooperation with
the Illinois Department, as determined by the Illinois
Department, such that the circumstances do not give
rise to the need for withholding of payments; or
(2) The withholding of payments has lasted for a
period in excess of 3 years.
(c) The Illinois Department may adopt all rules
necessary to implement this subsection (K-5).
(L) The Illinois Department shall establish a protocol to
enable health care providers to disclose an actual or potential
violation of this Section pursuant to a self-referral
disclosure protocol, referred to in this subsection as "the
protocol". The protocol shall include direction for health care
providers on a specific person, official, or office to whom
such disclosures shall be made. The Illinois Department shall
post information on the protocol on the Illinois Department's
public website. The Illinois Department may adopt rules
necessary to implement this subsection (L). In addition to
other factors that the Illinois Department finds appropriate,
the Illinois Department may consider a health care provider's
timely use or failure to use the protocol in considering the
provider's failure to comply with this Code.
(M) Notwithstanding any other provision of this Code, the
Illinois Department, at its discretion, may exempt an entity
licensed under the Nursing Home Care Act, and the ID/DD

HB2755 Engrossed - 638 - LRB099 08043 RPS 28187 b
Community Care Act, or the MC/DD Act from the provisions of
subsections (A-15), (B), and (C) of this Section if the
licensed entity is in receivership.
(Source: P.A. 97-689, eff. 6-14-12; 97-1150, eff. 1-25-13;
98-214, eff. 8-9-13; 98-550, eff. 8-27-13; 98-756, eff.
7-16-14.)
Section 175. The Nursing Home Grant Assistance Act is
amended by changing Section 5 as follows:
(305 ILCS 40/5) (from Ch. 23, par. 7100-5)
Sec. 5. Definitions. As used in this Act, unless the
context requires otherwise:
"Applicant" means an eligible individual who makes a
payment of at least $1 in a quarter to a nursing home.
"Application" means the receipt by a nursing home of at
least $1 from an eligible individual that is a resident of the
home.
"Department" means the Department of Revenue.
"Director" means the Director of the Department of Revenue.
"Distribution agent" means a nursing home that is residence
to one or more eligible individuals, which receives an
application from one or more applicants for participation in
the Nursing Home Grant Assistance Program provided for by this
Act, and is thereby designated as distributing agent by such
applicant or applicants, and which is thereby authorized by

HB2755 Engrossed - 639 - LRB099 08043 RPS 28187 b
virtue of its license to receive from the Department and
distribute to eligible individuals residing in the nursing home
Nursing Home Grant Assistance payments under this Act.
"Qualified distribution agent" means a distribution agent
that the Department of Public Health has certified to the
Department of Revenue to be a licensed nursing home in good
standing.
"Eligible individual" means an individual eligible for a
nursing home grant assistance payment because he or she meets
each of the following requirements:
(1) The individual resides, after June 30, 1992, in a
nursing home as defined in this Act.
(2) For each day for which nursing home grant
assistance is sought, the individual's nursing home care
was not paid for, in whole or in part, by a federal, State,
or combined federal-State medical care program; the
receipt of Medicare Part B benefits does not make a person
ineligible for nursing home grant assistance.
(3) The individual's annual adjusted gross income,
after payment of any expenses for nursing home care, does
not exceed 250% of the federal poverty guidelines for an
individual as published annually by the U.S. Department of
Health and Human Services for purposes of determining
Medicaid eligibility.
"Fund" means the Nursing Home Grant Assistance Fund.
"Nursing home" means a skilled nursing or intermediate long

HB2755 Engrossed - 640 - LRB099 08043 RPS 28187 b
term care facility that is subject to licensure by the Illinois
Department of Public Health under the Nursing Home Care Act, or
the ID/DD Community Care Act, or the MC/DD Act.
"Occupied bed days" means the sum for all beds of the
number of days during a quarter for which grant assistance is
sought under this Act on which a bed is occupied by an
individual.
(Source: P.A. 96-339, eff. 7-1-10; 97-227, eff. 1-1-12.)
Section 180. The Adult Protective Services Act is amended
by changing Section 2 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, neglect, or self-neglect
for the sole reason that he or she is being furnished with or
relies upon treatment by spiritual means through prayer alone,
in accordance with the tenets and practices of a recognized
church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care

HB2755 Engrossed - 641 - LRB099 08043 RPS 28187 b
services provided or not provided by licensed health care
professionals.
(a-5) "Abuser" means a person who abuses, neglects, or
financially exploits an eligible adult.
(a-6) "Adult with disabilities" means a person aged 18
through 59 who resides in a domestic living situation and whose
disability as defined in subsection (c-5) impairs his or her
ability to seek or obtain protection from abuse, neglect, or
exploitation.
(a-7) "Caregiver" means a person who either as a result of
a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion of
the care of an eligible adult who needs assistance with
activities of daily living or instrumental activities of daily
living.
(b) "Department" means the Department on Aging of the State
of Illinois.
(c) "Director" means the Director of the Department.
(c-5) "Disability" means a physical or mental disability,
including, but not limited to, a developmental disability, an
intellectual disability, a mental illness as defined under the
Mental Health and Developmental Disabilities Code, or dementia
as defined under the Alzheimer's Disease Assistance Act.
(d) "Domestic living situation" means a residence where the
eligible adult at the time of the report lives alone or with
his or her family or a caregiver, or others, or other

HB2755 Engrossed - 642 - LRB099 08043 RPS 28187 b
community-based unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113 of
the Nursing Home Care Act;
(1.5) A facility licensed under the ID/DD Community
Care Act;
(1.6) A facility licensed under the MC/DD Act;
(1.7) A facility licensed under the Specialized Mental
Health Rehabilitation Act of 2013;
(2) A "life care facility" as defined in the Life Care
Facilities Act;
(3) A home, institution, or other place operated by the
federal government or agency thereof or by the State of
Illinois;
(4) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis,
care, and treatment of human illness through the
maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) (Blank);
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act or a "community
residential alternative" as licensed under that Act;

HB2755 Engrossed - 643 - LRB099 08043 RPS 28187 b
(8) An assisted living or shared housing establishment
as defined in the Assisted Living and Shared Housing Act;
or
(9) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
(e) "Eligible adult" means either an adult with
disabilities aged 18 through 59 or a person aged 60 or older
who resides in a domestic living situation and is, or is
alleged to be, abused, neglected, or financially exploited by
another individual or who neglects himself or herself.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-1) "Financial exploitation" means the use of an eligible
adult's resources by another to the disadvantage of that adult
or the profit or advantage of a person other than that adult.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional
duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required to
be licensed under the Clinical Psychologist Licensing Act,

HB2755 Engrossed - 644 - LRB099 08043 RPS 28187 b
the Clinical Social Work and Social Work Practice Act, the
Illinois Dental Practice Act, the Dietitian Nutritionist
Practice Act, the Marriage and Family Therapy Licensing
Act, the Medical Practice Act of 1987, the Naprapathic
Practice Act, the Nurse Practice Act, the Nursing Home
Administrators Licensing and Disciplinary Act, the
Illinois Occupational Therapy Practice Act, the Illinois
Optometric Practice Act of 1987, the Pharmacy Practice Act,
the Illinois Physical Therapy Act, the Physician Assistant
Practice Act of 1987, the Podiatric Medical Practice Act of
1987, the Respiratory Care Practice Act, the Professional
Counselor and Clinical Professional Counselor Licensing
and Practice Act, the Illinois Speech-Language Pathology
and Audiology Practice Act, the Veterinary Medicine and
Surgery Practice Act of 2004, and the Illinois Public
Accounting Act;
(1.5) an employee of an entity providing developmental
disabilities services or service coordination funded by
the Department of Human Services;
(2) an employee of a vocational rehabilitation
facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) any religious practitioner who provides treatment

HB2755 Engrossed - 645 - LRB099 08043 RPS 28187 b
by prayer or spiritual means alone in accordance with the
tenets and practices of a recognized church or religious
denomination, except as to information received in any
confession or sacred communication enjoined by the
discipline of the religious denomination to be held
confidential;
(5) field personnel of the Department of Healthcare and
Family Services, Department of Public Health, and
Department of Human Services, and any county or municipal
health department;
(6) personnel of the Department of Human Services, the
Guardianship and Advocacy Commission, the State Fire
Marshal, local fire departments, the Department on Aging
and its subsidiary Area Agencies on Aging and provider
agencies, and the Office of State Long Term Care Ombudsman;
(7) any employee of the State of Illinois not otherwise
specified herein who is involved in providing services to
eligible adults, including professionals providing medical
or rehabilitation services and all other persons having
direct contact with eligible adults;
(8) a person who performs the duties of a coroner or
medical examiner; or
(9) a person who performs the duties of a paramedic or
an emergency medical technician.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an

HB2755 Engrossed - 646 - LRB099 08043 RPS 28187 b
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.
(h) "Provider agency" means any public or nonprofit agency
in a planning and service area that is selected by the
Department or appointed by the regional administrative agency
with prior approval by the Department on Aging to receive and
assess reports of alleged or suspected abuse, neglect, or
financial exploitation. A provider agency is also referenced as
a "designated agency" in this Act.
(i) "Regional administrative agency" means any public or
nonprofit agency in a planning and service area that provides
regional oversight and performs functions as set forth in
subsection (b) of Section 3 of this Act. The Department shall
designate an Area Agency on Aging as the regional
administrative agency or, in the event the Area Agency on Aging
in that planning and service area is deemed by the Department
to be unwilling or unable to provide those functions, the
Department may serve as the regional administrative agency or
designate another qualified entity to serve as the regional
administrative agency; any such designation shall be subject to
terms set forth by the Department.

HB2755 Engrossed - 647 - LRB099 08043 RPS 28187 b
(i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.
(j) "Substantiated case" means a reported case of alleged
or suspected abuse, neglect, financial exploitation, or
self-neglect in which a provider agency, after assessment,
determines that there is reason to believe abuse, neglect, or
financial exploitation has occurred.
(k) "Verified" means a determination that there is "clear
and convincing evidence" that the specific injury or harm
alleged was the result of abuse, neglect, or financial
exploitation.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-300,
eff. 8-11-11; 97-706, eff. 6-25-12; 97-813, eff. 7-13-12;
97-1141, eff. 12-28-12; 98-49, eff. 7-1-13; 98-104, eff.
7-22-13; 98-756, eff. 7-16-14; 98-1039, eff. 8-25-14.)

HB2755 Engrossed - 648 - LRB099 08043 RPS 28187 b
Section 185. The Older Adult Services Act is amended by
changing Section 10 as follows:
(320 ILCS 42/10)
Sec. 10. Definitions. In this Act:
"Advisory Committee" means the Older Adult Services
Advisory Committee.
"Certified nursing home" means any nursing home licensed
under the Nursing Home Care Act, or the ID/DD Community Care
Act, or the MC/DD Act and certified under Title XIX of the
Social Security Act to participate as a vendor in the medical
assistance program under Article V of the Illinois Public Aid
Code.
"Comprehensive case management" means the assessment of
needs and preferences of an older adult at the direction of the
older adult or the older adult's designated representative and
the arrangement, coordination, and monitoring of an optimum
package of services to meet the needs of the older adult.
"Consumer-directed" means decisions made by an informed
older adult from available services and care options, which may
range from independently making all decisions and managing
services directly to limited participation in decision-making,
based upon the functional and cognitive level of the older
adult.
"Coordinated point of entry" means an integrated access

HB2755 Engrossed - 649 - LRB099 08043 RPS 28187 b
point where consumers receive information and assistance,
assessment of needs, care planning, referral, assistance in
completing applications, authorization of services where
permitted, and follow-up to ensure that referrals and services
are accessed.
"Department" means the Department on Aging, in
collaboration with the departments of Public Health and
Healthcare and Family Services and other relevant agencies and
in consultation with the Advisory Committee, except as
otherwise provided.
"Departments" means the Department on Aging, the
departments of Public Health and Healthcare and Family
Services, and other relevant agencies in collaboration with
each other and in consultation with the Advisory Committee,
except as otherwise provided.
"Family caregiver" means an adult family member or another
individual who is an uncompensated provider of home-based or
community-based care to an older adult.
"Health services" means activities that promote, maintain,
improve, or restore mental or physical health or that are
palliative in nature.
"Older adult" means a person age 60 or older and, if
appropriate, the person's family caregiver.
"Person-centered" means a process that builds upon an older
adult's strengths and capacities to engage in activities that
promote community life and that reflect the older adult's

HB2755 Engrossed - 650 - LRB099 08043 RPS 28187 b
preferences, choices, and abilities, to the extent
practicable.
"Priority service area" means an area identified by the
Departments as being less-served with respect to the
availability of and access to older adult services in Illinois.
The Departments shall determine by rule the criteria and
standards used to designate such areas.
"Priority service plan" means the plan developed pursuant
to Section 25 of this Act.
"Provider" means any supplier of services under this Act.
"Residential setting" means the place where an older adult
lives.
"Restructuring" means the transformation of Illinois'
comprehensive system of older adult services from funding
primarily a facility-based service delivery system to
primarily a home-based and community-based system, taking into
account the continuing need for 24-hour skilled nursing care
and congregate housing with services.
"Services" means the range of housing, health, financial,
and supportive services, other than acute health care services,
that are delivered to an older adult with functional or
cognitive limitations, or socialization needs, who requires
assistance to perform activities of daily living, regardless of
the residential setting in which the services are delivered.
"Supportive services" means non-medical assistance given
over a period of time to an older adult that is needed to

HB2755 Engrossed - 651 - LRB099 08043 RPS 28187 b
compensate for the older adult's functional or cognitive
limitations, or socialization needs, or those services
designed to restore, improve, or maintain the older adult's
functional or cognitive abilities.
(Source: P.A. 96-339, eff. 7-1-10; 97-227, eff. 1-1-12.)
Section 190. The Mental Health and Developmental
Disabilities Code is amended by changing Section 2-107 as
follows:
(405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107)
Sec. 2-107. Refusal of services; informing of risks.
(a) An adult recipient of services or the recipient's
guardian, if the recipient is under guardianship, and the
recipient's substitute decision maker, if any, must be informed
of the recipient's right to refuse medication or
electroconvulsive therapy. The recipient and the recipient's
guardian or substitute decision maker shall be given the
opportunity to refuse generally accepted mental health or
developmental disability services, including but not limited
to medication or electroconvulsive therapy. If such services
are refused, they shall not be given unless such services are
necessary to prevent the recipient from causing serious and
imminent physical harm to the recipient or others and no less
restrictive alternative is available. The facility director
shall inform a recipient, guardian, or substitute decision

HB2755 Engrossed - 652 - LRB099 08043 RPS 28187 b
maker, if any, who refuses such services of alternate services
available and the risks of such alternate services, as well as
the possible consequences to the recipient of refusal of such
services.
(b) Psychotropic medication or electroconvulsive therapy
may be administered under this Section for up to 24 hours only
if the circumstances leading up to the need for emergency
treatment are set forth in writing in the recipient's record.
(c) Administration of medication or electroconvulsive
therapy may not be continued unless the need for such treatment
is redetermined at least every 24 hours based upon a personal
examination of the recipient by a physician or a nurse under
the supervision of a physician and the circumstances
demonstrating that need are set forth in writing in the
recipient's record.
(d) Neither psychotropic medication nor electroconvulsive
therapy may be administered under this Section for a period in
excess of 72 hours, excluding Saturdays, Sundays, and holidays,
unless a petition is filed under Section 2-107.1 and the
treatment continues to be necessary under subsection (a) of
this Section. Once the petition has been filed, treatment may
continue in compliance with subsections (a), (b), and (c) of
this Section until the final outcome of the hearing on the
petition.
(e) The Department shall issue rules designed to insure
that in State-operated mental health facilities psychotropic

HB2755 Engrossed - 653 - LRB099 08043 RPS 28187 b
medication and electroconvulsive therapy are administered in
accordance with this Section and only when appropriately
authorized and monitored by a physician or a nurse under the
supervision of a physician in accordance with accepted medical
practice. The facility director of each mental health facility
not operated by the State shall issue rules designed to insure
that in that facility psychotropic medication and
electroconvulsive therapy are administered in accordance with
this Section and only when appropriately authorized and
monitored by a physician or a nurse under the supervision of a
physician in accordance with accepted medical practice. Such
rules shall be available for public inspection and copying
during normal business hours.
(f) The provisions of this Section with respect to the
emergency administration of psychotropic medication and
electroconvulsive therapy do not apply to facilities licensed
under the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act, or
the MC/DD Act.
(g) Under no circumstances may long-acting psychotropic
medications be administered under this Section.
(h) Whenever psychotropic medication or electroconvulsive
therapy is refused pursuant to subsection (a) of this Section
at least once that day, the physician shall determine and state
in writing the reasons why the recipient did not meet the
criteria for administration of medication or electroconvulsive

HB2755 Engrossed - 654 - LRB099 08043 RPS 28187 b
therapy under subsection (a) and whether the recipient meets
the standard for administration of psychotropic medication or
electroconvulsive therapy under Section 2-107.1 of this Code.
If the physician determines that the recipient meets the
standard for administration of psychotropic medication or
electroconvulsive therapy under Section 2-107.1, the facility
director or his or her designee shall petition the court for
administration of psychotropic medication or electroconvulsive
therapy pursuant to that Section unless the facility director
or his or her designee states in writing in the recipient's
record why the filing of such a petition is not warranted. This
subsection (h) applies only to State-operated mental health
facilities.
(i) The Department shall conduct annual trainings for all
physicians and registered nurses working in State-operated
mental health facilities on the appropriate use of emergency
administration of psychotropic medication and
electroconvulsive therapy, standards for their use, and the
methods of authorization under this Section.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 195. The Protection and Advocacy for
Developmentally Disabled Persons Act is amended by changing
Section 1 as follows:

HB2755 Engrossed - 655 - LRB099 08043 RPS 28187 b
(405 ILCS 40/1) (from Ch. 91 1/2, par. 1151)
Sec. 1. The Governor may designate a private not-for-profit
corporation as the agency to administer a State plan to protect
and advocate the rights of persons with developmental
disabilities pursuant to the requirements of the federal
Developmental Disabilities Assistance and Bill of Rights Act,
42 U.S.C. 6001 to 6081, as now or hereafter amended. The
designated agency may pursue legal, administrative, and other
appropriate remedies to ensure the protection of the rights of
such persons who are receiving treatment, services or
habilitation within this State. The agency designated by the
Governor shall be independent of any agency which provides
treatment, services, guardianship, or habilitation to persons
with developmental disabilities, and such agency shall not be
administered by the Governor's Planning Council on
Developmental Disabilities or any successor State Planning
Council organized pursuant to federal law.
The designated agency may receive and expend funds to
protect and advocate the rights of persons with developmental
disabilities. In order to properly exercise its powers and
duties, such agency shall have access to developmental
disability facilities and mental health facilities, as defined
under Sections 1-107 and 1-114 of the Mental Health and
Developmental Disabilities Code, and facilities as defined in
Section 1-113 of the Nursing Home Care Act, or Section 1-113 of
the ID/DD Community Care Act, or Section 1-113 of the MC/DD

HB2755 Engrossed - 656 - LRB099 08043 RPS 28187 b
Act. Such access shall be granted for the purposes of meeting
with residents and staff, informing them of services available
from the agency, distributing written information about the
agency and the rights of persons with developmental
disabilities, conducting scheduled and unscheduled visits, and
performing other activities designed to protect the rights of
persons with developmental disabilities. The agency also shall
have access, for the purpose of inspection and copying, to the
records of a person with developmental disabilities who resides
in any such facility subject to the limitations of this Act,
the Mental Health and Developmental Disabilities
Confidentiality Act, the Nursing Home Care Act, and the ID/DD
Community Care Act, and the MC/DD Act. The agency also shall
have access, for the purpose of inspection and copying, to the
records of a person with developmental disabilities who resides
in any such facility if (1) a complaint is received by the
agency from or on behalf of the person with a developmental
disability, and (2) such person does not have a legal guardian
or the State or the designee of the State is the legal guardian
of such person. The designated agency shall provide written
notice to the person with developmental disabilities and the
State guardian of the nature of the complaint based upon which
the designated agency has gained access to the records. No
record or the contents of any record shall be redisclosed by
the designated agency unless the person with developmental
disabilities and the State guardian are provided 7 days advance

HB2755 Engrossed - 657 - LRB099 08043 RPS 28187 b
written notice, except in emergency situations, of the
designated agency's intent to redisclose such record, during
which time the person with developmental disabilities or the
State guardian may seek to judicially enjoin the designated
agency's redisclosure of such record on the grounds that such
redisclosure is contrary to the interests of the person with
developmental disabilities. Any person who in good faith
complains to the designated agency on behalf of a person with
developmental disabilities, or provides information or
participates in the investigation of any such complaint shall
have immunity from any liability, civil, criminal or otherwise,
and shall not be subject to any penalties, sanctions,
restrictions or retaliation as a consequence of making such
complaint, providing such information or participating in such
investigation.
Upon request, the designated agency shall be entitled to
inspect and copy any records or other materials which may
further the agency's investigation of problems affecting
numbers of persons with developmental disabilities. When
required by law any personally identifiable information of
persons with developmental disabilities shall be removed from
the records. However, the designated agency may not inspect or
copy any records or other materials when the removal of
personally identifiable information imposes an unreasonable
burden on mental health and developmental disabilities
facilities pursuant to the Mental Health and Developmental

HB2755 Engrossed - 658 - LRB099 08043 RPS 28187 b
Disabilities Code or facilities as defined in the Nursing Home
Care Act, or the ID/DD Community Care Act, or the MC/DD Act.
The Governor shall not redesignate the agency to administer
the State plan to protect and advocate the rights of persons
with developmental disabilities unless there is good cause for
the redesignation and unless notice of the intent to make such
redesignation is given to persons with developmental
disabilities or their representatives, the federal Secretary
of Health and Human Services, and the General Assembly at least
60 days prior thereto.
As used in this Act, the term "developmental disability"
means a severe, chronic disability of a person which:
(A) is attributable to a mental or physical impairment
or combination of mental and physical impairments;
(B) is manifested before the person attains age 22;
(C) is likely to continue indefinitely;
(D) results in substantial functional limitations in 3
or more of the following areas of major life activity: (i)
self-care, (ii) receptive and expressive language, (iii)
learning, (iv) mobility, (v) self-direction, (vi) capacity
for independent living, and (vii) economic
self-sufficiency; and
(E) reflects the person's need for combination and
sequence of special, interdisciplinary or generic care,
treatment or other services which are of lifelong or
extended duration and are individually planned and

HB2755 Engrossed - 659 - LRB099 08043 RPS 28187 b
coordinated.
(Source: P.A. 96-339, eff. 7-1-10; 97-227, eff. 1-1-12.)
Section 200. The Protection and Advocacy for Mentally Ill
Persons Act is amended by changing Section 3 as follows:
(405 ILCS 45/3) (from Ch. 91 1/2, par. 1353)
Sec. 3. Powers and Duties.
(A) In order to properly exercise its powers and duties,
the agency shall have the authority to:
(1) Investigate incidents of abuse and neglect of
mentally ill persons if the incidents are reported to the
agency or if there is probable cause to believe that the
incidents occurred. In case of conflict with provisions of
the Abused and Neglected Child Reporting Act or the Nursing
Home Care Act, the provisions of those Acts shall apply.
(2) Pursue administrative, legal and other appropriate
remedies to ensure the protection of the rights of mentally
ill persons who are receiving care and treatment in this
State.
(3) Pursue administrative, legal and other remedies on
behalf of an individual who:
(a) was a mentally ill individual; and
(b) is a resident of this State, but only with
respect to matters which occur within 90 days after the
date of the discharge of such individual from a

HB2755 Engrossed - 660 - LRB099 08043 RPS 28187 b
facility providing care and treatment.
(4) Establish a board which shall:
(a) advise the protection and advocacy system on
policies and priorities to be carried out in protecting
and advocating the rights of mentally ill individuals;
and
(b) include attorneys, mental health
professionals, individuals from the public who are
knowledgeable about mental illness, a provider of
mental health services, individuals who have received
or are receiving mental health services and family
members of such individuals. At least one-half the
members of the board shall be individuals who have
received or are receiving mental health services or who
are family members of such individuals.
(5) On January 1, 1988, and on January 1 of each
succeeding year, prepare and transmit to the Secretary of
the United States Department of Health and Human Services
and to the Illinois Secretary of Human Services a report
describing the activities, accomplishments and
expenditures of the protection and advocacy system during
the most recently completed fiscal year.
(B) The agency shall have access to all mental health
facilities as defined in Sections 1-107 and 1-114 of the Mental
Health and Developmental Disabilities Code, all facilities as
defined in Section 1-113 of the Nursing Home Care Act, all

HB2755 Engrossed - 661 - LRB099 08043 RPS 28187 b
facilities as defined in Section 1-102 of the Specialized
Mental Health Rehabilitation Act of 2013, all facilities as
defined in Section 1-113 of the ID/DD Community Care Act, all
facilities as defined in Section 1-113 of the MC/DD Act, all
facilities as defined in Section 2.06 of the Child Care Act of
1969, as now or hereafter amended, and all other facilities
providing care or treatment to mentally ill persons. Such
access shall be granted for the purposes of meeting with
residents and staff, informing them of services available from
the agency, distributing written information about the agency
and the rights of persons who are mentally ill, conducting
scheduled and unscheduled visits, and performing other
activities designed to protect the rights of mentally ill
persons.
(C) The agency shall have access to all records of mentally
ill persons who are receiving care or treatment from a
facility, subject to the limitations of this Act, the Mental
Health and Developmental Disabilities Confidentiality Act, the
Nursing Home Care Act and the Child Care Act of 1969, as now or
hereafter amended. If the mentally ill person has a legal
guardian other than the State or a designee of the State, the
facility director shall disclose the guardian's name, address
and telephone number to the agency upon its request. In cases
of conflict with provisions of the Abused and Neglected Child
Reporting Act and the Nursing Home Care Act, the provisions of
the Abused and Neglected Child Reporting Act and the Nursing

HB2755 Engrossed - 662 - LRB099 08043 RPS 28187 b
Home Care Act shall apply. The agency shall also have access,
for the purpose of inspection and copying, to the records of a
mentally ill person (i) who by reason of his or her mental or
physical condition is unable to authorize the agency to have
such access; (ii) who does not have a legal guardian or for
whom the State or a designee of the State is the legal
guardian; and (iii) with respect to whom a complaint has been
received by the agency or with respect to whom there is
probable cause to believe that such person has been subjected
to abuse or neglect.
The agency shall provide written notice to the mentally ill
person and the State guardian of the nature of the complaint
based upon which the agency has gained access to the records.
No record or the contents of the record shall be redisclosed by
the agency unless the person who is mentally ill and the State
guardian are provided 7 days advance written notice, except in
emergency situations, of the agency's intent to redisclose such
record. Within such 7-day period, the mentally ill person or
the State guardian may seek an injunction prohibiting the
agency's redisclosure of such record on the grounds that such
redisclosure is contrary to the interests of the mentally ill
person.
Upon request, the authorized agency shall be entitled to
inspect and copy any clinical or trust fund records of mentally
ill persons which may further the agency's investigation of
alleged problems affecting numbers of mentally ill persons.

HB2755 Engrossed - 663 - LRB099 08043 RPS 28187 b
When required by law, any personally identifiable information
of mentally ill persons shall be removed from the records.
However, the agency may not inspect or copy any records or
other materials when the removal of personally identifiable
information imposes an unreasonable burden on any facility as
defined by the Mental Health and Developmental Disabilities
Code, the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the Child Care Act of 1969, or
any other facility providing care or treatment to mentally ill
persons.
(D) Prior to instituting any legal action in a federal or
State court on behalf of a mentally ill individual, an eligible
protection and advocacy system, or a State agency or nonprofit
organization which entered into a contract with such an
eligible system under Section 104(a) of the federal Protection
and Advocacy for Mentally Ill Individuals Act of 1986, shall
exhaust in a timely manner all administrative remedies where
appropriate. If, in pursuing administrative remedies, the
system, State agency or organization determines that any matter
with respect to such individual will not be resolved within a
reasonable time, the system, State agency or organization may
pursue alternative remedies, including the initiation of
appropriate legal action.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)

HB2755 Engrossed - 664 - LRB099 08043 RPS 28187 b
Section 205. The Developmental Disability and Mental
Disability Services Act is amended by changing Sections 2-3 and
5-1 as follows:
(405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
Sec. 2-3. As used in this Article, unless the context
requires otherwise:
(a) "Agency" means an agency or entity licensed by the
Department pursuant to this Article or pursuant to the
Community Residential Alternatives Licensing Act.
(b) "Department" means the Department of Human Services, as
successor to the Department of Mental Health and Developmental
Disabilities.
(c) "Home-based services" means services provided to a
mentally disabled adult who lives in his or her own home. These
services include but are not limited to:
(1) home health services;
(2) case management;
(3) crisis management;
(4) training and assistance in self-care;
(5) personal care services;
(6) habilitation and rehabilitation services;
(7) employment-related services;
(8) respite care; and
(9) other skill training that enables a person to
become self-supporting.

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(d) "Legal guardian" means a person appointed by a court of
competent jurisdiction to exercise certain powers on behalf of
a mentally disabled adult.
(e) "Mentally disabled adult" means a person over the age
of 18 years who lives in his or her own home; who needs
home-based services, but does not require 24-hour-a-day
supervision; and who has one of the following conditions:
severe autism, severe mental illness, a severe or profound
intellectual disability, or severe and multiple impairments.
(f) In one's "own home" means that a mentally disabled
adult lives alone; or that a mentally disabled adult is in
full-time residence with his or her parents, legal guardian, or
other relatives; or that a mentally disabled adult is in
full-time residence in a setting not subject to licensure under
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, the
MC/DD Act, or the Child Care Act of 1969, as now or hereafter
amended, with 3 or fewer other adults unrelated to the mentally
disabled adult who do not provide home-based services to the
mentally disabled adult.
(g) "Parent" means the biological or adoptive parent of a
mentally disabled adult, or a person licensed as a foster
parent under the laws of this State who acts as a mentally
disabled adult's foster parent.
(h) "Relative" means any of the following relationships by
blood, marriage or adoption: parent, son, daughter, brother,

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sister, grandparent, uncle, aunt, nephew, niece, great
grandparent, great uncle, great aunt, stepbrother, stepsister,
stepson, stepdaughter, stepparent or first cousin.
(i) "Severe autism" means a lifelong developmental
disability which is typically manifested before 30 months of
age and is characterized by severe disturbances in reciprocal
social interactions; verbal and nonverbal communication and
imaginative activity; and repertoire of activities and
interests. A person shall be determined severely autistic, for
purposes of this Article, if both of the following are present:
(1) Diagnosis consistent with the criteria for
autistic disorder in the current edition of the Diagnostic
and Statistical Manual of Mental Disorders.
(2) Severe disturbances in reciprocal social
interactions; verbal and nonverbal communication and
imaginative activity; repertoire of activities and
interests. A determination of severe autism shall be based
upon a comprehensive, documented assessment with an
evaluation by a licensed clinical psychologist or
psychiatrist. A determination of severe autism shall not be
based solely on behaviors relating to environmental,
cultural or economic differences.
(j) "Severe mental illness" means the manifestation of all
of the following characteristics:
(1) A primary diagnosis of one of the major mental
disorders in the current edition of the Diagnostic and

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Statistical Manual of Mental Disorders listed below:
(A) Schizophrenia disorder.
(B) Delusional disorder.
(C) Schizo-affective disorder.
(D) Bipolar affective disorder.
(E) Atypical psychosis.
(F) Major depression, recurrent.
(2) The individual's mental illness must substantially
impair his or her functioning in at least 2 of the
following areas:
(A) Self-maintenance.
(B) Social functioning.
(C) Activities of community living.
(D) Work skills.
(3) Disability must be present or expected to be
present for at least one year.
A determination of severe mental illness shall be based
upon a comprehensive, documented assessment with an evaluation
by a licensed clinical psychologist or psychiatrist, and shall
not be based solely on behaviors relating to environmental,
cultural or economic differences.
(k) "Severe or profound intellectual disability" means a
manifestation of all of the following characteristics:
(1) A diagnosis which meets Classification in Mental
Retardation or criteria in the current edition of the
Diagnostic and Statistical Manual of Mental Disorders for

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severe or profound mental retardation (an IQ of 40 or
below). This must be measured by a standardized instrument
for general intellectual functioning.
(2) A severe or profound level of disturbed adaptive
behavior. This must be measured by a standardized adaptive
behavior scale or informal appraisal by the professional in
keeping with illustrations in Classification in Mental
Retardation, 1983.
(3) Disability diagnosed before age of 18.
A determination of a severe or profound intellectual
disability shall be based upon a comprehensive, documented
assessment with an evaluation by a licensed clinical
psychologist or certified school psychologist or a
psychiatrist, and shall not be based solely on behaviors
relating to environmental, cultural or economic differences.
(l) "Severe and multiple impairments" means the
manifestation of all of the following characteristics:
(1) The evaluation determines the presence of a
developmental disability which is expected to continue
indefinitely, constitutes a substantial handicap and is
attributable to any of the following:
(A) Intellectual disability, which is defined as
general intellectual functioning that is 2 or more
standard deviations below the mean concurrent with
impairment of adaptive behavior which is 2 or more
standard deviations below the mean. Assessment of the

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individual's intellectual functioning must be measured
by a standardized instrument for general intellectual
functioning.
(B) Cerebral palsy.
(C) Epilepsy.
(D) Autism.
(E) Any other condition which results in
impairment similar to that caused by an intellectual
disability and which requires services similar to
those required by intellectually disabled persons.
(2) The evaluation determines multiple handicaps in
physical, sensory, behavioral or cognitive functioning
which constitute a severe or profound impairment
attributable to one or more of the following:
(A) Physical functioning, which severely impairs
the individual's motor performance that may be due to:
(i) Neurological, psychological or physical
involvement resulting in a variety of disabling
conditions such as hemiplegia, quadriplegia or
ataxia,
(ii) Severe organ systems involvement such as
congenital heart defect,
(iii) Physical abnormalities resulting in the
individual being non-mobile and non-ambulatory or
confined to bed and receiving assistance in
transferring, or

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(iv) The need for regular medical or nursing
supervision such as gastrostomy care and feeding.
Assessment of physical functioning must be based
on clinical medical assessment by a physician licensed
to practice medicine in all its branches, using the
appropriate instruments, techniques and standards of
measurement required by the professional.
(B) Sensory, which involves severe restriction due
to hearing or visual impairment limiting the
individual's movement and creating dependence in
completing most daily activities. Hearing impairment
is defined as a loss of 70 decibels aided or speech
discrimination of less than 50% aided. Visual
impairment is defined as 20/200 corrected in the better
eye or a visual field of 20 degrees or less. Sensory
functioning must be based on clinical medical
assessment by a physician licensed to practice
medicine in all its branches using the appropriate
instruments, techniques and standards of measurement
required by the professional.
(C) Behavioral, which involves behavior that is
maladaptive and presents a danger to self or others, is
destructive to property by deliberately breaking,
destroying or defacing objects, is disruptive by
fighting, or has other socially offensive behaviors in
sufficient frequency or severity to seriously limit

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social integration. Assessment of behavioral
functioning may be measured by a standardized scale or
informal appraisal by a clinical psychologist or
psychiatrist.
(D) Cognitive, which involves intellectual
functioning at a measured IQ of 70 or below. Assessment
of cognitive functioning must be measured by a
standardized instrument for general intelligence.
(3) The evaluation determines that development is
substantially less than expected for the age in cognitive,
affective or psychomotor behavior as follows:
(A) Cognitive, which involves intellectual
functioning at a measured IQ of 70 or below. Assessment
of cognitive functioning must be measured by a
standardized instrument for general intelligence.
(B) Affective behavior, which involves over and
under responding to stimuli in the environment and may
be observed in mood, attention to awareness, or in
behaviors such as euphoria, anger or sadness that
seriously limit integration into society. Affective
behavior must be based on clinical assessment using the
appropriate instruments, techniques and standards of
measurement required by the professional.
(C) Psychomotor, which includes a severe
developmental delay in fine or gross motor skills so
that development in self-care, social interaction,

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communication or physical activity will be greatly
delayed or restricted.
(4) A determination that the disability originated
before the age of 18 years.
A determination of severe and multiple impairments shall be
based upon a comprehensive, documented assessment with an
evaluation by a licensed clinical psychologist or
psychiatrist.
If the examiner is a licensed clinical psychologist,
ancillary evaluation of physical impairment, cerebral palsy or
epilepsy must be made by a physician licensed to practice
medicine in all its branches.
Regardless of the discipline of the examiner, ancillary
evaluation of visual impairment must be made by an
ophthalmologist or a licensed optometrist.
Regardless of the discipline of the examiner, ancillary
evaluation of hearing impairment must be made by an
otolaryngologist or an audiologist with a certificate of
clinical competency.
The only exception to the above is in the case of a person
with cerebral palsy or epilepsy who, according to the
eligibility criteria listed below, has multiple impairments
which are only physical and sensory. In such a case, a
physician licensed to practice medicine in all its branches may
serve as the examiner.
(m) "Twenty-four-hour-a-day supervision" means

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24-hour-a-day care by a trained mental health or developmental
disability professional on an ongoing basis.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(405 ILCS 80/5-1) (from Ch. 91 1/2, par. 1805-1)
Sec. 5-1. As the mental health and developmental
disabilities or intellectual disabilities authority for the
State of Illinois, the Department of Human Services shall have
the authority to license, certify and prescribe standards
governing the programs and services provided under this Act, as
well as all other agencies or programs which provide home-based
or community-based services to the mentally disabled, except
those services, programs or agencies established under or
otherwise subject to the Child Care Act of 1969, the
Specialized Mental Health Rehabilitation Act of 2013, or the
ID/DD Community Care Act, or the MC/DD Act, as now or hereafter
amended, and this Act shall not be construed to limit the
application of those Acts.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 210. The Medical Patient Rights Act is amended by
changing Section 6 as follows:
(410 ILCS 50/6)

HB2755 Engrossed - 674 - LRB099 08043 RPS 28187 b
Sec. 6. Identification badges. A health care facility that
provides treatment or care to a patient in this State shall
require each employee of or volunteer for the facility,
including a student, who examines or treats a patient or
resident of the facility to wear an identification badge that
readily discloses the first name, licensure status, if any, and
staff position of the person examining or treating the patient
or resident. This Section does not apply to a facility licensed
or certified under the ID/DD Community Care Act, the MC/DD Act,
or the Community-Integrated Living Arrangements Licensure and
Certification Act.
(Source: P.A. 98-243, eff. 1-1-14; 98-890, eff. 1-1-15.)
Section 215. The Facilities Requiring Smoke Detectors Act
is amended by changing Section 1 as follows:
(425 ILCS 10/1) (from Ch. 127 1/2, par. 821)
Sec. 1. For purposes of this Act, unless the context
requires otherwise:
(a) "Facility" means:
(1) Any long-term care facility as defined in Section
1-113 of the Nursing Home Care Act or any facility as
defined in Section 1-113 of the ID/DD Community Care Act,
Section 1-113 of the MC/DD Act, or the Specialized Mental
Health Rehabilitation Act of 2013, as amended;
(2) Any community residential alternative as defined

HB2755 Engrossed - 675 - LRB099 08043 RPS 28187 b
in paragraph (4) of Section 3 of the Community Residential
Alternatives Licensing Act, as amended; and
(3) Any child care facility as defined in Section 2.05
of the Child Care Act of 1969, as amended.
(b) "Approved smoke detector" or "detector" means a smoke
detector of the ionization or photoelectric type which complies
with all the requirements of the rules and regulations of the
Illinois State Fire Marshal.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 220. The Criminal Code of 2012 is amended by
changing Sections 12-4.4a and 26-1 as follows:
(720 ILCS 5/12-4.4a)
Sec. 12-4.4a. Abuse or criminal neglect of a long term care
facility resident; criminal abuse or neglect of an elderly
person or person with a disability.
(a) Abuse or criminal neglect of a long term care facility
resident.
(1) A person or an owner or licensee commits abuse of a
long term care facility resident when he or she knowingly
causes any physical or mental injury to, or commits any
sexual offense in this Code against, a resident.
(2) A person or an owner or licensee commits criminal
neglect of a long term care facility resident when he or

HB2755 Engrossed - 676 - LRB099 08043 RPS 28187 b
she recklessly:
(A) performs acts that cause a resident's life to
be endangered, health to be injured, or pre-existing
physical or mental condition to deteriorate, or that
create the substantial likelihood that an elderly
person's or person with a disability's life will be
endangered, health will be injured, or pre-existing
physical or mental condition will deteriorate;
(B) fails to perform acts that he or she knows or
reasonably should know are necessary to maintain or
preserve the life or health of a resident, and that
failure causes the resident's life to be endangered,
health to be injured, or pre-existing physical or
mental condition to deteriorate, or that create the
substantial likelihood that an elderly person's or
person with a disability's life will be endangered,
health will be injured, or pre-existing physical or
mental condition will deteriorate; or
(C) abandons a resident.
(3) A person or an owner or licensee commits neglect of
a long term care facility resident when he or she
negligently fails to provide adequate medical care,
personal care, or maintenance to the resident which results
in physical or mental injury or deterioration of the
resident's physical or mental condition. An owner or
licensee is guilty under this subdivision (a)(3), however,

HB2755 Engrossed - 677 - LRB099 08043 RPS 28187 b
only if the owner or licensee failed to exercise reasonable
care in the hiring, training, supervising, or providing of
staff or other related routine administrative
responsibilities.
(b) Criminal abuse or neglect of an elderly person or
person with a disability.
(1) A caregiver commits criminal abuse or neglect of an
elderly person or person with a disability when he or she
knowingly does any of the following:
(A) performs acts that cause the person's life to
be endangered, health to be injured, or pre-existing
physical or mental condition to deteriorate;
(B) fails to perform acts that he or she knows or
reasonably should know are necessary to maintain or
preserve the life or health of the person, and that
failure causes the person's life to be endangered,
health to be injured, or pre-existing physical or
mental condition to deteriorate;
(C) abandons the person;
(D) physically abuses, harasses, intimidates, or
interferes with the personal liberty of the person; or
(E) exposes the person to willful deprivation.
(2) It is not a defense to criminal abuse or neglect of
an elderly person or person with a disability that the
caregiver reasonably believed that the victim was not an
elderly person or person with a disability.

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(c) Offense not applicable.
(1) Nothing in this Section applies to a physician
licensed to practice medicine in all its branches or a duly
licensed nurse providing care within the scope of his or
her professional judgment and within the accepted
standards of care within the community.
(2) Nothing in this Section imposes criminal liability
on a caregiver who made a good faith effort to provide for
the health and personal care of an elderly person or person
with a disability, but through no fault of his or her own
was unable to provide such care.
(3) Nothing in this Section applies to the medical
supervision, regulation, or control of the remedial care or
treatment of residents in a long term care facility
conducted for those who rely upon treatment by prayer or
spiritual means in accordance with the creed or tenets of
any well-recognized church or religious denomination as
described in Section 3-803 of the Nursing Home Care Act,
Section 1-102 of the Specialized Mental Health
Rehabilitation Act of 2013, or Section 3-803 of the ID/DD
Community Care Act, or Section 3-803 of the MC/DD Act.
(4) Nothing in this Section prohibits a caregiver from
providing treatment to an elderly person or person with a
disability by spiritual means through prayer alone and care
consistent therewith in lieu of medical care and treatment
in accordance with the tenets and practices of any church

HB2755 Engrossed - 679 - LRB099 08043 RPS 28187 b
or religious denomination of which the elderly person or
person with a disability is a member.
(5) Nothing in this Section limits the remedies
available to the victim under the Illinois Domestic
Violence Act of 1986.
(d) Sentence.
(1) Long term care facility. Abuse of a long term care
facility resident is a Class 3 felony. Criminal neglect of
a long term care facility resident is a Class 4 felony,
unless it results in the resident's death in which case it
is a Class 3 felony. Neglect of a long term care facility
resident is a petty offense.
(2) Caregiver. Criminal abuse or neglect of an elderly
person or person with a disability is a Class 3 felony,
unless it results in the person's death in which case it is
a Class 2 felony, and if imprisonment is imposed it shall
be for a minimum term of 3 years and a maximum term of 14
years.
(e) Definitions. For the purposes of this Section:
"Abandon" means to desert or knowingly forsake a resident
or an elderly person or person with a disability under
circumstances in which a reasonable person would continue to
provide care and custody.
"Caregiver" means a person who has a duty to provide for an
elderly person or person with a disability's health and
personal care, at the elderly person or person with a

HB2755 Engrossed - 680 - LRB099 08043 RPS 28187 b
disability's place of residence, including, but not limited to,
food and nutrition, shelter, hygiene, prescribed medication,
and medical care and treatment, and includes any of the
following:
(1) A parent, spouse, adult child, or other relative by
blood or marriage who resides with or resides in the same
building with or regularly visits the elderly person or
person with a disability, knows or reasonably should know
of such person's physical or mental impairment, and knows
or reasonably should know that such person is unable to
adequately provide for his or her own health and personal
care.
(2) A person who is employed by the elderly person or
person with a disability or by another to reside with or
regularly visit the elderly person or person with a
disability and provide for such person's health and
personal care.
(3) A person who has agreed for consideration to reside
with or regularly visit the elderly person or person with a
disability and provide for such person's health and
personal care.
(4) A person who has been appointed by a private or
public agency or by a court of competent jurisdiction to
provide for the elderly person or person with a
disability's health and personal care.
"Caregiver" does not include a long-term care facility

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licensed or certified under the Nursing Home Care Act or a
facility licensed or certified under the ID/DD Community Care
Act, the MC/DD Act, or the Specialized Mental Health
Rehabilitation Act of 2013, or any administrative, medical, or
other personnel of such a facility, or a health care provider
who is licensed under the Medical Practice Act of 1987 and
renders care in the ordinary course of his or her profession.
"Elderly person" means a person 60 years of age or older
who is incapable of adequately providing for his or her own
health and personal care.
"Licensee" means the individual or entity licensed to
operate a facility under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
Community Care Act, the MC/DD Act, or the Assisted Living and
Shared Housing Act.
"Long term care facility" means a private home,
institution, building, residence, or other place, whether
operated for profit or not, or a county home for the infirm and
chronically ill operated pursuant to Division 5-21 or 5-22 of
the Counties Code, or any similar institution operated by the
State of Illinois or a political subdivision thereof, which
provides, through its ownership or management, personal care,
sheltered care, or nursing for 3 or more persons not related to
the owner by blood or marriage. The term also includes skilled
nursing facilities and intermediate care facilities as defined
in Titles XVIII and XIX of the federal Social Security Act and

HB2755 Engrossed - 682 - LRB099 08043 RPS 28187 b
assisted living establishments and shared housing
establishments licensed under the Assisted Living and Shared
Housing Act.
"Owner" means the owner a long term care facility as
provided in the Nursing Home Care Act, the owner of a facility
as provided under the Specialized Mental Health Rehabilitation
Act of 2013, the owner of a facility as provided in the ID/DD
Community Care Act, the owner of a facility as provided in the
MC/DD Act, or the owner of an assisted living or shared housing
establishment as provided in the Assisted Living and Shared
Housing Act.
"Person with a disability" means a person who suffers from
a permanent physical or mental impairment, resulting from
disease, injury, functional disorder, or congenital condition,
which renders the person incapable of adequately providing for
his or her own health and personal care.
"Resident" means a person residing in a long term care
facility.
"Willful deprivation" has the meaning ascribed to it in
paragraph (15) of Section 103 of the Illinois Domestic Violence
Act of 1986.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-38, eff.
6-28-11, and 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13; 98-104,
eff. 7-22-13.)
(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)

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Sec. 26-1. Disorderly conduct.
(a) A person commits disorderly conduct when he or she
knowingly:
(1) Does any act in such unreasonable manner as to
alarm or disturb another and to provoke a breach of the
peace;
(2) Transmits or causes to be transmitted in any manner
to the fire department of any city, town, village or fire
protection district a false alarm of fire, knowing at the
time of the transmission that there is no reasonable ground
for believing that the fire exists;
(3) Transmits or causes to be transmitted in any manner
to another a false alarm to the effect that a bomb or other
explosive of any nature or a container holding poison gas,
a deadly biological or chemical contaminant, or
radioactive substance is concealed in a place where its
explosion or release would endanger human life, knowing at
the time of the transmission that there is no reasonable
ground for believing that the bomb, explosive or a
container holding poison gas, a deadly biological or
chemical contaminant, or radioactive substance is
concealed in the place;
(3.5) Transmits or causes to be transmitted a threat of
destruction of a school building or school property, or a
threat of violence, death, or bodily harm directed against
persons at a school, school function, or school event,

HB2755 Engrossed - 684 - LRB099 08043 RPS 28187 b
whether or not school is in session;
(4) Transmits or causes to be transmitted in any manner
to any peace officer, public officer or public employee a
report to the effect that an offense will be committed, is
being committed, or has been committed, knowing at the time
of the transmission that there is no reasonable ground for
believing that the offense will be committed, is being
committed, or has been committed;
(5) Transmits or causes to be transmitted a false
report to any public safety agency without the reasonable
grounds necessary to believe that transmitting the report
is necessary for the safety and welfare of the public; or
(6) Calls the number "911" for the purpose of making or
transmitting a false alarm or complaint and reporting
information when, at the time the call or transmission is
made, the person knows there is no reasonable ground for
making the call or transmission and further knows that the
call or transmission could result in the emergency response
of any public safety agency;
(7) Transmits or causes to be transmitted a false
report to the Department of Children and Family Services
under Section 4 of the "Abused and Neglected Child
Reporting Act";
(8) Transmits or causes to be transmitted a false
report to the Department of Public Health under the Nursing
Home Care Act, the Specialized Mental Health

HB2755 Engrossed - 685 - LRB099 08043 RPS 28187 b
Rehabilitation Act of 2013, or the ID/DD Community Care
Act, or the MC/DD Act;
(9) Transmits or causes to be transmitted in any manner
to the police department or fire department of any
municipality or fire protection district, or any privately
owned and operated ambulance service, a false request for
an ambulance, emergency medical technician-ambulance or
emergency medical technician-paramedic knowing at the time
there is no reasonable ground for believing that the
assistance is required;
(10) Transmits or causes to be transmitted a false
report under Article II of "An Act in relation to victims
of violence and abuse", approved September 16, 1984, as
amended;
(11) Enters upon the property of another and for a lewd
or unlawful purpose deliberately looks into a dwelling on
the property through any window or other opening in it; or
(12) While acting as a collection agency as defined in
the Collection Agency Act or as an employee of the
collection agency, and while attempting to collect an
alleged debt, makes a telephone call to the alleged debtor
which is designed to harass, annoy or intimidate the
alleged debtor.
(b) Sentence. A violation of subsection (a)(1) of this
Section is a Class C misdemeanor. A violation of subsection
(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A

HB2755 Engrossed - 686 - LRB099 08043 RPS 28187 b
violation of subsection (a)(8) or (a)(10) of this Section is a
Class B misdemeanor. A violation of subsection (a)(2),
(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is
a Class 4 felony. A violation of subsection (a)(3) of this
Section is a Class 3 felony, for which a fine of not less than
$3,000 and no more than $10,000 shall be assessed in addition
to any other penalty imposed.
A violation of subsection (a)(12) of this Section is a
Business Offense and shall be punished by a fine not to exceed
$3,000. A second or subsequent violation of subsection (a)(7)
or (a)(5) of this Section is a Class 4 felony. A third or
subsequent violation of subsection (a)(11) of this Section is a
Class 4 felony.
(c) In addition to any other sentence that may be imposed,
a court shall order any person convicted of disorderly conduct
to perform community service for not less than 30 and not more
than 120 hours, if community service is available in the
jurisdiction and is funded and approved by the county board of
the county where the offense was committed. In addition,
whenever any person is placed on supervision for an alleged
offense under this Section, the supervision shall be
conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a
sentence of incarceration.
(d) In addition to any other sentence that may be imposed,
the court shall order any person convicted of disorderly

HB2755 Engrossed - 687 - LRB099 08043 RPS 28187 b
conduct under paragraph (3) of subsection (a) involving a false
alarm of a threat that a bomb or explosive device has been
placed in a school to reimburse the unit of government that
employs the emergency response officer or officers that were
dispatched to the school for the cost of the search for a bomb
or explosive device. For the purposes of this Section,
"emergency response" means any incident requiring a response by
a police officer, a firefighter, a State Fire Marshal employee,
or an ambulance.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-1108, eff. 1-1-13; 98-104, eff. 7-22-13.)
Section 225. The Unified Code of Corrections is amended by
changing Section 5-5-3.2 as follows:
(730 ILCS 5/5-5-3.2)
Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
Sentencing.
(a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;

HB2755 Engrossed - 688 - LRB099 08043 RPS 28187 b
(3) the defendant has a history of prior delinquency or
criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular offense
committed or to bring the offenders committing it to
justice;
(5) the defendant held public office at the time of the
offense, and the offense related to the conduct of that
office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who is physically handicapped or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual; (ii)
the person or property of a person who has an association
with, is married to, or has a friendship with the other

HB2755 Engrossed - 689 - LRB099 08043 RPS 28187 b
individual; or (iii) the person or property of a relative
(by blood or marriage) of a person described in clause (i)
or (ii). For the purposes of this Section, "sexual
orientation" means heterosexuality, homosexuality, or
bisexuality;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was released on bail or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 11-0.1 of the Criminal Code of 2012,

HB2755 Engrossed - 690 - LRB099 08043 RPS 28187 b
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
11-14.4 except for an offense that involves keeping a place
of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
or 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012 against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation of
one of the following Sections while in a school, regardless
of the time of day or time of year; on any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity; on
the real property of a school; or on a public way within
1,000 feet of the real property comprising any school:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision

HB2755 Engrossed - 691 - LRB099 08043 RPS 28187 b
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
2012;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home. For
the purposes of this paragraph (18), "nursing home" means a

HB2755 Engrossed - 692 - LRB099 08043 RPS 28187 b
skilled nursing or intermediate long term care facility
that is subject to license by the Illinois Department of
Public Health under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, or the MC/DD Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 or the offense of driving
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any combination
thereof under Section 11-501 of the Illinois Vehicle Code
or a similar provision of a local ordinance and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of

HB2755 Engrossed - 693 - LRB099 08043 RPS 28187 b
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed Forces
of the United States, including a member of any reserve
component thereof or National Guard unit called to active
duty;
(23) the defendant committed the offense against a
person who was elderly, disabled, or infirm by taking
advantage of a family or fiduciary relationship with the
elderly, disabled, or infirm person;
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012 and possessed 100 or more images;
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation;
(26) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 or the Criminal Code of 2012 where a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,

HB2755 Engrossed - 694 - LRB099 08043 RPS 28187 b
masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any act
of sexual penetration or bound, fettered, or subject to
sadistic, masochistic, or sadomasochistic abuse in a
sexual context;
(27) the defendant committed the offense of first
degree murder, assault, aggravated assault, battery,
aggravated battery, robbery, armed robbery, or aggravated
robbery against a person who was a veteran and the
defendant knew, or reasonably should have known, that the
person was a veteran performing duties as a representative
of a veterans' organization. For the purposes of this
paragraph (27), "veteran" means an Illinois resident who
has served as a member of the United States Armed Forces, a
member of the Illinois National Guard, or a member of the
United States Reserve Forces; and "veterans' organization"
means an organization comprised of members of which
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary
purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a
way as to confer a public benefit; or
(28) the defendant committed the offense of assault,

HB2755 Engrossed - 695 - LRB099 08043 RPS 28187 b
aggravated assault, battery, aggravated battery, robbery,
armed robbery, or aggravated robbery against a person that
the defendant knew or reasonably should have known was a
letter carrier or postal worker while that person was
performing his or her duties delivering mail for the United
States Postal Service.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
"Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or greater
class felony, when such conviction has occurred within 10
years after the previous conviction, excluding time spent
in custody, and such charges are separately brought and
tried and arise out of different series of acts; or

HB2755 Engrossed - 696 - LRB099 08043 RPS 28187 b
(2) When a defendant is convicted of any felony and the
court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person physically handicapped at the time
of the offense or such person's property; or
(4) When a defendant is convicted of any felony and the
offense involved any of the following types of specific
misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or social
group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or

HB2755 Engrossed - 697 - LRB099 08043 RPS 28187 b
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight attached
to it. For purposes of this paragraph, "laser sight" has
the meaning ascribed to it in Section 26-7 of the Criminal
Code of 2012; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement

HB2755 Engrossed - 698 - LRB099 08043 RPS 28187 b
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged; or
(9) When a defendant commits any felony and the
defendant knowingly video or audio records the offense with
the intent to disseminate the recording.
(c) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and the charges are separately
brought and tried and arise out of different series of
acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary

HB2755 Engrossed - 699 - LRB099 08043 RPS 28187 b
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge of
the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in the
nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
of Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
(5) When a defendant is convicted of a felony violation
of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
finding that the defendant is a member of an organized
gang.
(6) When a defendant was convicted of unlawful use of

HB2755 Engrossed - 700 - LRB099 08043 RPS 28187 b
weapons under Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the
weapons enumerated in Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties is
killed or injured at the scene of the offense while
responding to the emergency caused by the commission of the
offense. In this paragraph, "emergency" means a situation
in which a person's life, health, or safety is in jeopardy;
and "emergency response officer" means a peace officer,
community policing volunteer, fireman, emergency medical
technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(8) When the defendant is convicted of attempted mob
action, solicitation to commit mob action, or conspiracy to

HB2755 Engrossed - 701 - LRB099 08043 RPS 28187 b
commit mob action under Section 8-1, 8-2, or 8-4 of the
Criminal Code of 2012, where the criminal object is a
violation of Section 25-1 of the Criminal Code of 2012, and
an electronic communication is used in the commission of
the offense. For the purposes of this paragraph (8),
"electronic communication" shall have the meaning provided
in Section 26.5-0.1 of the Criminal Code of 2012.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim of the offense is under 18 years of age at the
time of the commission of the offense and, during the
commission of the offense, the victim was under the influence
of alcohol, regardless of whether or not the alcohol was
supplied by the offender; and the offender, at the time of the
commission of the offense, knew or should have known that the
victim had consumed alcohol.
(Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333,
eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff.
1-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff.

HB2755 Engrossed - 702 - LRB099 08043 RPS 28187 b
7-16-14.)
Section 230. The Secure Residential Youth Care Facility
Licensing Act is amended by changing Section 45-10 as follows:
(730 ILCS 175/45-10)
Sec. 45-10. Definitions. As used in this Act:
"Department" means the Illinois Department of Corrections.
"Director" means the Director of Corrections.
"Secure residential youth care facility" means a facility
(1) where youth are placed and reside for care, treatment, and
custody; (2) that is designed and operated so as to ensure that
all entrances and exits from the facility, or from a building
or distinct part of a building within the facility, are under
the exclusive control of the staff of the facility, whether or
not the youth has freedom of movement within the perimeter of
the facility or within the perimeter of a building or distinct
part of a building within the facility; and (3) that uses
physically restrictive construction including, but not limited
to, locks, bolts, gates, doors, bars, fences, and screen
barriers. This definition does not include jails, prisons,
detention centers, or other such correctional facilities;
State operated mental health facilities; or facilities
operating as psychiatric hospitals under a license pursuant to
the ID/DD Community Care Act, the MC/DD Act, the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act of

HB2755 Engrossed - 703 - LRB099 08043 RPS 28187 b
2013, or the Hospital Licensing Act.
"Youth" means an adjudicated delinquent who is 18 years of
age or under and is transferred to the Department pursuant to
Section 3-10-11 of the Unified Code of Corrections.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
Section 235. The Code of Civil Procedure is amended by
changing Section 2-203 as follows:
(735 ILCS 5/2-203) (from Ch. 110, par. 2-203)
Sec. 2-203. Service on individuals.
(a) Except as otherwise expressly provided, service of
summons upon an individual defendant shall be made (1) by
leaving a copy of the summons with the defendant personally,
(2) by leaving a copy at the defendant's usual place of abode,
with some person of the family or a person residing there, of
the age of 13 years or upwards, and informing that person of
the contents of the summons, provided the officer or other
person making service shall also send a copy of the summons in
a sealed envelope with postage fully prepaid, addressed to the
defendant at his or her usual place of abode, or (3) as
provided in Section 1-2-9.2 of the Illinois Municipal Code with
respect to violation of an ordinance governing parking or
standing of vehicles in cities with a population over 500,000.
The certificate of the officer or affidavit of the person that

HB2755 Engrossed - 704 - LRB099 08043 RPS 28187 b
he or she has sent the copy in pursuance of this Section is
evidence that he or she has done so. No employee of a facility
licensed under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the ID/DD
Community Care Act, or the MC/DD Act shall obstruct an officer
or other person making service in compliance with this Section.
An employee of a gated residential community shall grant entry
into the community, including its common areas and common
elements, to a process server authorized under Section 2-202 of
this Code who is attempting to serve process on a defendant or
witness who resides within or is known to be within the
community. As used in this Section, "gated residential
community" includes a condominium association, housing
cooperative, or private community.
(b) The officer, in his or her certificate or in a record
filed and maintained in the Sheriff's office, or other person
making service, in his or her affidavit or in a record filed
and maintained in his or her employer's office, shall (1)
identify as to sex, race, and approximate age the defendant or
other person with whom the summons was left and (2) state the
place where (whenever possible in terms of an exact street
address) and the date and time of the day when the summons was
left with the defendant or other person.
(c) Any person who knowingly sets forth in the certificate
or affidavit any false statement, shall be liable in civil
contempt. When the court holds a person in civil contempt under

HB2755 Engrossed - 705 - LRB099 08043 RPS 28187 b
this Section, it shall award such damages as it determines to
be just and, when the contempt is prosecuted by a private
attorney, may award reasonable attorney's fees.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-966, eff. 1-1-15.)
Section 240. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2BBB as follows:
(815 ILCS 505/2BBB)
Sec. 2BBB. Long term care facility, ID/DD facility, MC/DD
facility, or specialized mental health rehabilitation
facility; Consumer Choice Information Report. A long term care
facility that fails to comply with Section 2-214 of the Nursing
Home Care Act, or a facility that fails to comply with Section
2-214 of the ID/DD Community Care Act, or a facility that fails
to comply with Section 2-214 of the MC/DD Act commits an
unlawful practice within the meaning of this Act.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 900. The State Mandates Act is amended by adding
Section 8.39 as follows:
(30 ILCS 805/8.39 new)
Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8

HB2755 Engrossed - 706 - LRB099 08043 RPS 28187 b
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 99th General Assembly.
Section 950. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 999. Effective date. This Act takes effect July 1,
2015.
HB2755 Engrossed - 707 - LRB099 08043 RPS 28187 b
INDEX
Statutes amended in order of appearance
New Act
10 ILCS 5/3-3 from Ch. 46, par. 3-3
10 ILCS 5/4-6.3 from Ch. 46, par. 4-6.3
10 ILCS 5/4-10 from Ch. 46, par. 4-10
10 ILCS 5/5-9 from Ch. 46, par. 5-9
10 ILCS 5/5-16.3 from Ch. 46, par. 5-16.3
10 ILCS 5/6-50.3 from Ch. 46, par. 6-50.3
10 ILCS 5/6-56 from Ch. 46, par. 6-56
10 ILCS 5/19-4 from Ch. 46, par. 19-4
10 ILCS 5/19-12.1 from Ch. 46, par. 19-12.1
10 ILCS 5/19-12.2 from Ch. 46, par. 19-12.2
20 ILCS 105/4.04 from Ch. 23, par. 6104.04
20 ILCS 105/4.08
20 ILCS 1705/15 from Ch. 91 1/2, par. 100-15
20 ILCS 2310/2310-550 was 20 ILCS 2310/55.40
20 ILCS 2310/2310-560 was 20 ILCS 2310/55.87
20 ILCS 2310/2310-565 was 20 ILCS 2310/55.88
20 ILCS 2310/2310-625
20 ILCS 2407/52
20 ILCS 2630/7.5
20 ILCS 3501/801-10
20 ILCS 3960/3 from Ch. 111 1/2, par. 1153
20 ILCS 3960/12 from Ch. 111 1/2, par. 1162
HB2755 Engrossed - 708 - LRB099 08043 RPS 28187 b
20 ILCS 3960/13 from Ch. 111 1/2, par. 1163
20 ILCS 3960/14.1
35 ILCS 5/806
35 ILCS 105/3-5
35 ILCS 110/3-5
35 ILCS 110/3-10 from Ch. 120, par. 439.33-10
35 ILCS 115/3-5
35 ILCS 115/3-10 from Ch. 120, par. 439.103-10
35 ILCS 120/2-5
35 ILCS 200/15-168
35 ILCS 200/15-170
35 ILCS 200/15-172
70 ILCS 3615/4.03 from Ch. 111 2/3, par. 704.03
210 ILCS 3/15
210 ILCS 5/3 from Ch. 111 1/2, par. 157-8.3
210 ILCS 9/10
210 ILCS 9/35
210 ILCS 9/55
210 ILCS 9/145
210 ILCS 28/10
210 ILCS 28/50
210 ILCS 30/3 from Ch. 111 1/2, par. 4163
210 ILCS 30/4 from Ch. 111 1/2, par. 4164
210 ILCS 30/6 from Ch. 111 1/2, par. 4166
210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113
210 ILCS 45/2-201.5
HB2755 Engrossed - 709 - LRB099 08043 RPS 28187 b
210 ILCS 45/3-202.5
210 ILCS 47/1-101.05
210 ILCS 47/1-113
210 ILCS 47/2-218 rep.
210 ILCS 49/1-102
210 ILCS 55/2.08
210 ILCS 60/3 from Ch. 111 1/2, par. 6103
210 ILCS 60/4 from Ch. 111 1/2, par. 6104
210 ILCS 85/3
210 ILCS 85/6.09 from Ch. 111 1/2, par. 147.09
210 ILCS 85/6.09a
210 ILCS 85/7 from Ch. 111 1/2, par. 148
210 ILCS 87/10
210 ILCS 135/4 from Ch. 91 1/2, par. 1704
225 ILCS 10/2.06 from Ch. 23, par. 2212.06
225 ILCS 46/15
225 ILCS 70/4 from Ch. 111, par. 3654
225 ILCS 70/17 from Ch. 111, par. 3667
225 ILCS 85/3
225 ILCS 510/3 from Ch. 111, par. 953
305 ILCS 5/5-5 from Ch. 23, par. 5-5
305 ILCS 5/5-5.7 from Ch. 23, par. 5-5.7
305 ILCS 5/5-5.12 from Ch. 23, par. 5-5.12
305 ILCS 5/5-5e
305 ILCS 5/5-6 from Ch. 23, par. 5-6
305 ILCS 5/5B-1 from Ch. 23, par. 5B-1
HB2755 Engrossed - 710 - LRB099 08043 RPS 28187 b