Bill Text: IL HB5163 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Assisted Living and Shared Housing Act. Requires the construction and operation of assisted living establishments to comply with specified requirements of the federal Fair Housing Act and the Illinois Human Rights Act, and permits the Department of Public Health to deny, revoke, suspend, or refuse to renew the license of an assisted living establishment for non-compliance.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2010-03-15 - Rule 19(a) / Re-referred to Rules Committee [HB5163 Detail]

Download: Illinois-2009-HB5163-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5163 Introduced 1/29/2010, by Rep. Karen A. Yarbrough SYNOPSIS AS INTRODUCED:
210 ILCS 9/20
210 ILCS 9/35
210 ILCS 9/55
210 ILCS 9/65
210 ILCS 9/75
Amends the Assisted Living and Shared Housing Act. Requires the construction and operation of assisted living establishments to comply with specified requirements of the federal Fair Housing Act and the Illinois Human Rights Act, and permits the Department of Public Health to deny, revoke, suspend, or refuse to renew the license of an assisted living establishment for non-compliance.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Assisted Living and Shared Housing Act is
amended by changing Sections 20, 35, 55, 65, and 75 as follows:
(210 ILCS 9/20)
Sec. 20. Construction and operating standards. The
Department, in consultation with the Advisory Board, shall
prescribe minimum standards for establishments. These
standards shall include:
(1) the location and construction of the
establishment, including plumbing, heating, lighting,
ventilation, and other physical conditions which shall
ensure the health, safety, and comfort of residents and
their protection from fire hazards; these standards shall
include, at a minimum, compliance with the residential
board and care occupancies chapter of the National Fire
Protection Association's Life Safety Code, local and State
building codes for the building type, and accessibility
standards of the Americans with Disabilities Act, the
requirements of the federal Fair Housing Act as set forth
in 42 USC 3604(f)(3), and the requirements set forth in
paragraph (3) of subsection (C) of Section 3-102.1 of the

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Illinois Human Rights Act;
(2) the number and qualifications of all personnel
having responsibility for any part of the services provided
for residents;
(3) all sanitary conditions within the establishment
and its surroundings, including water supply, sewage
disposal, food handling, infection control, and general
hygiene, which shall ensure the health and comfort of
residents;
(4) a program for adequate maintenance of physical
plant and equipment;
(5) adequate accommodations, staff, and services for
the number and types of residents for whom the
establishment is licensed;
(6) the development of evacuation and other
appropriate safety plans for use during weather, health,
fire, physical plant, environmental, and national defense
emergencies; and
(7) the maintenance of minimum financial and other
resources necessary to meet the standards established
under this Section and to operate the establishment in
accordance with this Act.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/35)
(Text of Section after amendment by P.A. 96-339)

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Sec. 35. Issuance of license.
(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, or the MR/DD Community Care 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

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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, the federal Fair Housing Act (42 U.S.C. 3601
et seq.), Sections 3-101 through 3-106 and Section 6-101 of
the Illinois Human Rights 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 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,

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and the expiration date. All licenses shall be valid for one
year, except as provided in Sections 40 and 45. Each license
shall be issued only for the premises and persons named in the
application, and shall not be transferable or assignable.
(Source: P.A. 95-79, eff. 8-13-07; 95-590, eff. 9-10-07;
95-628, eff. 9-25-07; 95-876, eff. 8-21-08; 96-339, eff.
7-1-10.)
(210 ILCS 9/55)
(Text of Section after amendment by P.A. 96-339)
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

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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
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; or
.
(7) the establishment is found by the United States
Department of Housing and Urban Development, by a court of
competent jurisdiction, or by the Illinois Human Rights
Commission to be in violation of the federal Fair Housing
Act (42 U.S.C. 3601 et seq.) or Sections 3-101 through
3-106 and Section 6-101 of the Illinois Human Rights Act.
The Department may not issue a license to such an

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establishment until the establishment has complied with
all relief ordered by the United States Department of
Housing and Urban Development, a court of competent
jurisdiction, or the Illinois Human Rights Commission and
has remedied the violation.
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 or the
MR/DD Community Care Act.
(Source: P.A. 96-339, eff. 7-1-10.)
(210 ILCS 9/65)
Sec. 65. Revocation, suspension, 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) that there has been a substantial failure to comply
with this Act or the rules promulgated by the Department
under this Act, or with the federal Fair Housing Act (42
U.S.C. 3601 et seq.) or with Sections 3-101 through 3-106
and Section 6-101 of the Illinois Human Rights Act;

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(2) that there has been a conviction of the licensee,
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) that the personnel is insufficient in number or
unqualified by training or experience to properly care for
the number and type of residents served by the
establishment;
(4) that the financial or other resources are
insufficient to conduct and operate the establishment in
accordance with standards promulgated by the Department
under this Act; or
(5) that the establishment is not under the direct
supervision of a full-time director, as defined by rule; or
.
(6) that the establishment is found by the United
States Department of Housing and Urban Development, by a
court of competent jurisdiction, or by the Illinois Human
Rights Commission to be in violation of the federal Fair
Housing Act (42 U.S.C. 3601 et seq.) or Sections 3-101
through 3-106 and Section 6-101 of the Illinois Human
Rights Act. The Department may not restore or renew a
license to such an establishment until the establishment
has complied with all relief ordered by the United States

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Department of Housing and Urban Development, a court of
competent jurisdiction, or the Illinois Human Rights
Commission and has remedied the violation.
(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 60.
(c) If an establishment desires to contest the nonrenewal
or revocation of a license, the establishment 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 60. Upon receipt of the request the
Department shall send notice to the establishment and hold a
hearing as provided under Section 60.
(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 60, 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 60, 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

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Act or for a hearing to contest nonrenewal; or
(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.
(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 Illinois Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/75)
Sec. 75. Residency Requirements.
(a) No individual shall be accepted for residency or remain
in residence if the establishment cannot provide or secure
appropriate services, if the individual requires a level of
service or type of service for which the establishment is not
licensed or which the establishment does not provide, or if the
establishment does not have the staff appropriate in numbers
and with appropriate skill to provide such services.
(b) Only adults may be accepted for residency.
(c) A person shall not be accepted for residency if:
(1) the person poses a serious threat to himself or
herself or to others;

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(2) the person is not able to communicate his or her
needs and no resident representative residing in the
establishment, and with a prior relationship to the person,
has been appointed to direct the provision of services;
(3) the person requires total assistance with 2 or more
activities of daily living;
(4) the person requires the assistance of more than one
paid caregiver at any given time with an activity of daily
living;
(5) the person requires more than minimal assistance in
moving to a safe area in an emergency;
(6) the person has a severe mental illness, which for
the purposes of this Section means a condition that is
characterized by the presence of a major mental disorder as
classified in the Diagnostic and Statistical Manual of
Mental Disorders, Fourth Edition (DSM-IV) (American
Psychiatric Association, 1994), where the individual is
substantially disabled due to mental illness in the areas
of self-maintenance, social functioning, activities of
community living and work skills, and the disability
specified is expected to be present for a period of not
less than one year, but does not mean Alzheimer's disease
and other forms of dementia based on organic or physical
disorders;
(7) the person requires intravenous therapy or
intravenous feedings unless self-administered or

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administered by a qualified, licensed health care
professional;
(8) the person requires gastrostomy feedings unless
self-administered or administered by a licensed health
care professional;
(9) the person requires insertion, sterile irrigation,
and replacement of catheter, except for routine
maintenance of urinary catheters, unless the catheter care
is self-administered or administered by a licensed health
care professional;
(10) the person requires sterile wound care unless care
is self-administered or administered by a licensed health
care professional;
(11) the person requires sliding scale insulin
administration unless self-performed or administered by a
licensed health care professional;
(12) the person is a diabetic requiring routine insulin
injections unless the injections are self-administered or
administered by a licensed health care professional;
(13) the person requires treatment of stage 3 or stage
4 decubitus ulcers or exfoliative dermatitis;
(14) the person requires 5 or more skilled nursing
visits per week for conditions other than those listed in
items (13) and (15) of this subsection for a period of 3
consecutive weeks or more except when the course of
treatment is expected to extend beyond a 3 week period for

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rehabilitative purposes and is certified as temporary by a
physician; or
(15) other reasons prescribed by the Department by
rule.
(d) A resident with a condition listed in items (1) through
(15) of subsection (c) shall have his or her residency
terminated, except as provided in subsection (j).
(e) Residency shall be terminated when services available
to the resident in the establishment are no longer adequate to
meet the needs of the resident. This provision shall not be
interpreted as limiting the authority of the Department to
require the residency termination of individuals.
(f) Subsection (d) of this Section shall not apply to
terminally ill residents who receive or would qualify for
hospice care and such care is coordinated by a hospice program
licensed under the Hospice Program Licensing Act or other
licensed health care professional employed by a licensed home
health agency and the establishment and all parties agree to
the continued residency.
(g) Items (3), (4), (5), and (9) of subsection (c) shall
not apply to a quadriplegic, paraplegic, or individual with
neuro-muscular diseases, such as muscular dystrophy and
multiple sclerosis, or other chronic diseases and conditions as
defined by rule if the individual is able to communicate his or
her needs and does not require assistance with complex medical
problems, and the establishment is able to accommodate the

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individual's needs. The Department shall prescribe rules
pursuant to this Section that address special safety and
service needs of these individuals.
(h) For the purposes of items (7) through (10) of
subsection (c), a licensed health care professional may not be
employed by the owner or operator of the establishment, its
parent entity, or any other entity with ownership common to
either the owner or operator of the establishment or parent
entity, including but not limited to an affiliate of the owner
or operator of the establishment. Nothing in this Section is
meant to limit a resident's right to choose his or her health
care provider.
(i) Subsection (h) is not applicable to residents admitted
to an assisted living establishment under a life care contract
as defined in the Life Care Facilities Act if the life care
facility has both an assisted living establishment and a
skilled nursing facility. A licensed health care professional
providing health-related or supportive services at a life care
assisted living or shared housing establishment must be
employed by an entity licensed by the Department under the
Nursing Home Care Act or the Home Health, Home Services, and
Home Nursing Agency Licensing Act.
(j) Notwithstanding any provisions of this Section, a
licensee shall at all times act in conformance with the federal
Fair Housing Act (42 U.S.C. 3601 et seq.) and with Sections
3-101 through 3-106 and Section 6-101 of the Illinois Human

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Rights Act.
(Source: P.A. 94-256, eff. 7-19-05; 94-570, eff. 8-12-05;
95-216, eff. 8-16-07; 95-331, eff. 8-21-07.)