Bill Text: IL HB5544 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Assisted Living and Shared Housing Act. Requires assisted living and shared housing establishment's service delivery contracts to include a copy of the establishment's emergency involuntary termination of residency plan and the establishment's discharge protocol. Requires establishments covered by the Act to develop a discharge protocol and an emergency involuntary termination plan. Defines "emergency involuntary termination of residency plan" and "discharge protocol". Requires establishments that accept Alzheimer's and dementia patients within 30 days of admission or 30 days after an establishment's existing resident is diagnosed with Alzheimer's or dementia to develop a pre-emptive plan of discharge for the resident. Contains requirements for emergency involuntary termination of residency plans and discharge protocols. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2016-04-27 - Added Co-Sponsor Rep. Eddie Lee Jackson, Sr. [HB5544 Detail]

Download: Illinois-2015-HB5544-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB5544 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED:
210 ILCS 9/90
210 ILCS 9/150
Amends the Assisted Living and Shared Housing Act. Requires assisted living and shared housing establishment's service delivery contracts to include a copy of the establishment's emergency involuntary termination of residency plan and the establishment's discharge protocol. Requires establishments covered by the Act to develop a discharge protocol and an emergency involuntary termination plan. Defines "emergency involuntary termination of residency plan" and "discharge protocol". Requires establishments that accept Alzheimer's and dementia patients within 30 days of admission or 30 days after an establishment's existing resident is diagnosed with Alzheimer's or dementia to develop a pre-emptive plan of discharge for the resident. Contains requirements for emergency involuntary termination of residency plans and discharge protocols. Effective immediately.
LRB099 18954 MJP 43343 b
A BILL FOR
HB5544 LRB099 18954 MJP 43343 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Assisted Living and Shared Housing Act is
amended by changing Sections 90 and 150 as follows:
(210 ILCS 9/90)
Sec. 90. Contents of service delivery contract. A contract
between an establishment and a resident must be entitled
"assisted living establishment contract" or "shared housing
establishment contract" as applicable, shall be printed in no
less than 12 point type, and shall include at least the
following elements in the body or through supporting documents
or attachments:
(1) the name, street address, and mailing address of
the establishment;
(2) the name and mailing address of the owner or owners
of the establishment and, if the owner or owners are not
natural persons, the type of business entity of the owner
or owners;
(3) the name and mailing address of the managing agent
of the establishment, whether hired under a management
agreement or lease agreement, if the managing agent is
different from the owner or owners;

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(4) the name and address of at least one natural person
who is authorized to accept service on behalf of the owners
and managing agent;
(5) a statement describing the license status of the
establishment and the license status of all providers of
health-related or supportive services to a resident under
arrangement with the establishment;
(6) the duration of the contract;
(7) the base rate to be paid by the resident and a
description of the services to be provided as part of this
rate;
(8) a description of any additional services to be
provided for an additional fee by the establishment
directly or by a third party provider under arrangement
with the establishment;
(9) the fee schedules outlining the cost of any
additional services;
(10) a description of the process through which the
contract may be modified, amended, or terminated;
(11) a description of the establishment's complaint
resolution process available to residents and notice of the
availability of the Department on Aging's Senior Helpline
for complaints;
(12) the name of the resident's designated
representative, if any;
(13) the resident's obligations in order to maintain

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residency and receive services including compliance with
all assessments required under Section 15;
(14) the billing and payment procedures and
requirements;
(15) a statement affirming the resident's freedom to
receive services from service providers with whom the
establishment does not have a contractual arrangement,
which may also disclaim liability on the part of the
establishment for those services;
(16) a statement that medical assistance under Article
V or Article VI of the Illinois Public Aid Code is not
available for payment for services provided in an
establishment, excluding contracts executed with residents
residing in licensed establishments participating in the
Department on Aging's Comprehensive Care in Residential
Settings Demonstration Project;
(17) a statement detailing the admission, risk
management, and residency termination criteria and
procedures;
(18) a statement listing the rights specified in
Section 95 and acknowledging that, by contracting with the
assisted living or shared housing establishment, the
resident does not forfeit those rights;
(19) a statement detailing the Department's annual
on-site review process including what documents contained
in a resident's personal file shall be reviewed by the

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on-site reviewer as defined by rule; and
(20) a statement outlining whether the establishment
charges a community fee and, if so, the amount of the fee
and whether it is refundable; if the fee is refundable, the
contract must describe the conditions under which it is
refundable and how the amount of the refund is determined;
and .
(21) a copy of the establishment's emergency
involuntary termination of residency plan and the
establishment's discharge protocol, as defined in Section
150 of this Act.
(Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.)
(210 ILCS 9/150)
Sec. 150. Alzheimer and dementia programs.
(a) In addition to this Section, Alzheimer and dementia
programs shall comply with all of the other provisions of this
Act.
(b) No person shall be admitted or retained if the assisted
living or shared housing establishment cannot provide or secure
appropriate care, if the resident 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.
(c) No person shall be accepted for residency or remain in

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residence if the person's mental or physical condition has so
deteriorated to render residency in such a program to be
detrimental to the health, welfare or safety of the person or
of other residents of the establishment. The Department by rule
shall identify a validated dementia-specific standard with
inter-rater reliability that will be used to assess individual
residents. The assessment must be approved by the resident's
physician and shall occur prior to acceptance for residency,
annually, and at such time that a change in the resident's
condition is identified by a family member, staff of the
establishment, or the resident's physician.
(d) No person shall be accepted for residency or remain in
residence if the person is dangerous to self or others and the
establishment would be unable to eliminate the danger through
the use of appropriate treatment modalities.
(e) No person shall be accepted for residency or remain in
residence if the person meets the criteria provided in
subsections (b) through (g) of Section 75 of this Act.
(f) An establishment that offers to provide a special
program or unit for persons with Alzheimer's disease and
related disorders shall:
(1) disclose to the Department and to a potential or
actual resident of the establishment information as
specified under the Alzheimer's Disease and Related
Dementias Special Care Disclosure Act;
(2) ensure that a resident's representative is

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designated for the resident;
(3) develop and implement policies and procedures that
ensure the continued safety of all residents in the
establishment including, but not limited to, those who:
(A) may wander; and
(B) may need supervision and assistance when
evacuating the building in an emergency;
(4) provide coordination of communications with each
resident, resident's representative, relatives and other
persons identified in the resident's service plan;
(5) provide cognitive stimulation and activities to
maximize functioning;
(6) provide an appropriate number of staff for its
resident population, as established by rule;
(7) require the director or administrator and direct
care staff to complete sufficient comprehensive and
ongoing dementia and cognitive deficit training, the
content of which shall be established by rule; and
(8) develop emergency procedures, a discharge
protocol, an emergency involuntary termination plan, and
staffing patterns to respond to the needs of residents.
(g) For the purposes of this Section, an emergency
involuntary termination of residency plan applies only to
residents with Alzheimer's disease or a related dementia. In
this Section, "emergency involuntary termination of residency
plan" means a plan to better inform individuals being admitted,

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caregivers, legal guardians, health care power of attorneys, or
family members who are seeking to place an individual with
Alzheimer's disease or related dementias, of the discharge
process. Some individuals with Alzheimer's disease or related
dementias may be at risk of dangerous behavior due to their
cognitive impairment and difficulty understanding and
adjusting to a new environment, particularly if that
environment is not structured to meet their needs. This Section
serves to ensure that the establishment has developed and
communicates to individuals served, legal representatives, and
family members their strategy for preventing discharge, and
their discharge protocol. In this Section, "discharge
protocol" means the involuntary discharge procedures of the
applicable facility. The discharge protocol includes resources
that would potentially be accessed should discharge be
considered and the rights and responsibilities of the
individuals being served and their representatives.
Within 30 days of admission, an establishment that accepts
Alzheimer's and dementia patients is required to develop a
pre-emptive plan of discharge to be used should an involuntary
discharge occur based on disruptive behavior or physical harm
to themselves or others housed in the establishment.
If an individual is diagnosed while a resident of an
establishment, the establishment has 30 days after the official
diagnosis date to develop a pre-emptive plan of discharge to be
used should an involuntary discharge occur.

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The emergency involuntary termination of residency plan
shall include the following:
(1) An inventory of the individual's interests and
preferences.
(2) An inventory of the individual's dislikes,
triggers, and early warning signs.
(3) Strategies tailored to the individual's interests
and preferences designed to prevent disruptive or harmful
behavior or to aid the individual in calming when they are
upset. Best practice examples include access to the
individual's music preferences or engaging in an activity
that they enjoy.
(4) A method of educating care staff about the items
(1) through (3) and verifying their competence to carry out
the strategies.
The establishment's discharge protocol is a description of
the procedures to prevent and respond to dangerous behavior and
includes the following:
(A) The establishment's strategy for identifying
warning signs of dangerous behavior.
(B) The establishment's strategy for creating a
calming environment to decrease common triggers such as
noise levels, over-stimulus from televisions, and lack of a
comfortable quiet space.
(C) The establishment's strategy for responding to
warning signs to prevent escalation.

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(D) After the occurrence of a dangerous behavior, the
establishment's strategy for preventing additional
dangerous behaviors such as a time-limited assignment of
extra staff to assist in engaging the individual in
positive behaviors.
(E) Resources that would be used by the establishment
as a temporary measure to assure safety such as evaluation
by a dementia expert, respite in a more structured
facility, and evaluation in a hospital or geriatric
psychiatry unit.
(F) The individual, family, and legal representative's
rights and responsibilities in these situations, including
the process for appeal or providing feedback.
(G) A list of facilities that are potential placement
resources should discharge be needed.
(Source: P.A. 96-990, eff. 7-2-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.