Public Act 097-0038

SB0145 Enrolled LRB097 06311 RPM 46388 b

AN ACT concerning health facilities.

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

Specialized Mental Health Rehabilitation Act.

Section 1-101.01. Legislative findings. Illinois is

committed to providing behavioral health services in the most

community-integrated settings possible, based on the needs of

residents who qualify for State support. This goal is

consistent with federal law and regulations and recent court

decrees. A variety of services and settings are necessary to

ensure that people with serious mental illness receive high

quality care that is oriented towards their safety,

rehabilitation, and recovery.

Residential settings are an important component of the

system of behavioral health care that Illinois is developing.

When residential treatment is necessary these facilities must

offer high quality rehabilitation and recover care, help

residents achieve and maintain their highest level of

independent functioning, and prepare them to live in permanent

supportive housing and other community-integrated settings.

Facilities licensed under the Specialized Mental Health

Rehabilitation Act will be models of such residental care,

demonstrating the elements essential to help people with

serious mental illness transition to more independent living

and return to healthy, productive lives.

Section 1-101.05. Prior law.

(a) This Act provides for licensure of long-term care

facilities that specialize in services to individuals with a

severe mental illness 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.

(b) If any other Act of the 97th 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.

(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,

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. All consent decrees that apply

to facilities federally designated as Institutions for the

Mentally Diseased shall also apply to facilities licensed under

the Specialized Mental Health Facilities 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;

(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.

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.

Section 1-111. Discharge. "Discharge" means the full

release of any resident from a facility.

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. "Facility" means a specialized

mental health rehabilitation 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 facilities that meet the following criteria:

(i) 100% of the resident population of the facility has

a diagnosis of serious mental illness;

(ii) no more than 15% of the resident population of the

facility is 65 years of age or older;

(iii) none of the residents have a primary diagnosis of

moderate, severe, or profound mental retardation;

(iv) meet standards established in Subpart T of Section

300 of Title 77 of the Illinois Administrative Code as it

existed on June 30, 2011. Facilities licensed under this

Act shall continue to meet standards established under this

portion of the Illinois Administrative Code until such time

as new rules are adopted pursuant to this Act; and

(v) must participate in the Demonstration Project for

Mental Health Services in Nursing Facilities established

under Department of Healthcare and Family Services rules at

89 Ill. Adm. Code 145.10 and its successor; to be

considered for participation in this Demonstration Project

for Mental Health Services in Nursing Facilities, a

facility must meet all standards established in this

rulemaking (89 Ill. Adm. Code) or its successor; this

demonstration project shall be extended through June 30,

2014.

"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;

(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

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 home, institution, or other place operated by or

under the authority of the Illinois Department of Veterans'

Affairs;

(13) any facility licensed under the MR/DD Community

Care Act; or

(14) any facility licensed under the Nursing Home Care

Act.

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 1-114.005. High-risk designation. "High-risk

designation" means a violation 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 1-114.01. 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

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 1-115. 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.

Section 1-117. Neglect. "Neglect" means a facility's

failure to provide, or willful withholding of, adequate medical

care, mental health treatment, psychiatric rehabilitation,

personal care, or assistance with activities of daily living

that is necessary to avoid physical harm, mental anguish, or

mental illness of a resident.

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, 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 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 and 3 days following the admitting facility's receipt

of an Identified Offender Report and Recommendation in

accordance with Section 2-201.6.

Section 1-120.7. Psychiatric services rehabilitation aide.

"Psychiatric services rehabilitation aide" means an individual

employed by a long-term care facility to provide, for mentally

ill residents, at a minimum, crisis intervention,

rehabilitation, and assistance with activities of daily

living.

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

residing in and receiving personal care, mental health

treatment, or psychiatric rehabilitation 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.

Section 1-124. Sheltered care. "Sheltered care" means

maintenance and personal care.

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 shall 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.

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 may 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 creates a condition or occurrence relating to

the operation and maintenance of a facility directly

threatening to the health, safety, or welfare of a resident.

Section 1-132. Type "C" violation. A "Type 'C' violation"

means a volation 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

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.

(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

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

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 nursing

home 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

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

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.

(a) 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 Advance Directive or a copy of that

Advance Directive shall be honored by the facility.

(b) Within 30 days after admission, new residents who do

not have a guardian of the person or an executed power of

attorney for health care shall be provided with written notice,

in a form and manner provided by rule of the Department, of

their right to provide the name of one or more potential health

care surrogates that a treating physician should consider in

selecting a surrogate to act on the resident's behalf should

the resident lose decision-making capacity. The notice shall

include a form of declaration that may be utilized by the

resident to identify potential health care surrogates or by the

facility to document any inability or refusal to make such a

declaration. A signed copy of the resident's declaration of a

potential health care surrogate or decision to decline to make

such a declaration, or documentation by the facility of the

resident's inability to make such a declaration, shall be

placed in the resident's clinical record and shall satisfy the

facility's obligation under this Section. Such a declaration

shall be used only for informational purposes in the selection

of a surrogate pursuant to the Health Care Surrogate Act. A

facility that complies with this Section is not liable to any

healthcare provider, resident, or resident's representative or

any other person relating to the identification or selection of

a surrogate or potential health care surrogate.

Section 2-104.3. Serious mental illness; rescreening.

(a) All persons admitted to a facility with a diagnosis of

serious mental illness who remain in the facility for a period

of 90 days shall be re-screened by the Department of Human

Services or its designee at the end of the 90-day period, at 6

months, and annually thereafter to assess their continuing need

for facility care and shall be advised of all other available

care options.

(b) The Department of Human Services, by rule, shall

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 conflict, an insufficient number

of pre-admission screeners should 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 performing the rescreening and (ii)

a community provider or long-term care 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:

(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

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

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

indicate the drug 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 prescribed

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 (i) the resident or the

resident's authorized representative and (ii) 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

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 penalty 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

thereafter be required to 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.

(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 2-106.2. Resident identification wristlet. No

identification wristlets shall be employed except as ordered by

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

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

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.

(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, 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

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 Long Term Care Facility Advisory Board,

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 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.

PART 2. RESPONSIBILITIES

Section 2-201. Residents' funds. To protect the residents'

funds, the facility:

(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

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

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

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 long term

care 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. The

Department of Healthcare and Family Services, in collaboration

with the Department on Aging, the Department of Human Services,

and the Department of Public Health, shall by rules provide 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) 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 supportive

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 facility 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

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 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 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

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, 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 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

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

(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.

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 (d) of Section 6.09 of the Hospital Licensing Act or

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

information under subsection (a) that a resident is an

identified offender.

(c) The Criminal History Report shall include, but not be

limited to, the following:

(1) (Blank).

(2) (Blank).

(3) (Blank).

(3.5) Copies of the identified offender's parole,

mandatory supervised release, or probation orders.

(4) An interview with the identified offender.

(5) (Blank).

(6) 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

to the date of admission to a long-term care facility.

(7) If the identified offender is a convicted or

registered sex offender, a review of any and all sex

offender evaluations conducted on that offender. If there

is no sex offender evaluation available, 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, 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.

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, and all information regarding previous

discharges or transfers from other facilities, the licensed

forensic psychologist shall prepare an Identified Offender

Report and Recommendation. 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 long-term care

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, 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 long-term care 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.

(e-5) 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 identified offender residents annually to the General

Assembly.

(f) The facility shall incorporate the Identified Offender

Report and Recommendation into the identified offender's care

plan created pursuant to 42 CFR 483.20.

(g) If, based on the Identified Offender Report and

Recommendation, a facility determines that it cannot manage the

identified offender resident safely within the facility, it

shall commence involuntary transfer or discharge proceedings

pursuant to Section 3-402.

(h) 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

(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 long term care 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

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:

(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

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;

(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

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

facility responsibilities.

(e) The council shall be a forum for:

(1) Obtaining and disseminating information;

(2) Soliciting and adopting recommendations for

facility programming and improvements;

(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 or to

any other person it considers appropriate.

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

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 has been 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

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;

(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. A facility shall

immediately notify the resident's next of kin, representative

and physician of the resident's death or when the resident's

death appears to be imminent.

Section 2-209. Number of residents. A facility shall admit

only that number of residents for which it is licensed.

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

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

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

who is age 65 and over, 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.

(c) All persons seeking admission to a nursing facility

shall be verbally screened for risk factors associated with

hepatitis B, hepatitis C, and the Human Immunodeficiency Virus

(HIV) according to guidelines established by the U.S. Centers

for Disease Control and Prevention. Persons who are identified

as being at high risk for hepatitis B, hepatitis C, or HIV

shall be offered an opportunity to undergo laboratory testing

in order to determine infection status if they will be admitted

to the nursing facility for at least 7 days and are not known

to be infected with any of the listed viruses. All HIV testing

shall be conducted in compliance with the AIDS Confidentiality

Act. All persons determined to be susceptible to the hepatitis

B virus shall be offered immunization within 10 days of

admission to any nursing facility. A facility shall document in

the resident's medical record that he or she was verbally

screened for risk factors associated with hepatitis B,

hepatitis C, and HIV, and whether or not the resident was

immunized against hepatitis B. Nothing in this subsection (c)

shall apply to a nursing facility licensed or regulated by the

Illinois Department of Veterans' Affairs.

Section 2-214. Consumer Choice Information Reports.

(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. Every

licensed facility shall provide to every prospective and

current resident and resident's guardian, and to every facility

employee, a written notice, prescribed by the Illinois

Department of Public Health, advising the resident, guardian,

or employee of his or her right to ask whether any residents of

the facility are identified offenders. The notice shall also be

prominently posted within every licensed facility. The notice

shall include a statement that information regarding

registered sex offenders may be obtained from the Illinois

State Police website and that information regarding persons

serving terms of parole or mandatory supervised release may be

obtained from the Illinois Department of Corrections website.

Section 2-217. Order for transportation of resident by

ambulance. If a facility orders transportation of a resident of

the facility by ambulance, the facility must maintain a written

record that shows (i) the name of the person who placed the

order for that transportation and (ii) the medical reason for

that transportation. The facility must maintain the record for

a period of at least 6 years after the date of the order for

transportation by ambulance.

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 therefor 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. All licenses and licensing procedures

established under the Nursing Home Care Act shall be deemed

valid under this Act until the Department establishes licenses

and licensing procedures and initiates the licenses and

licensing procedures under this Act.

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

$1,990. The fee for a 2-year license shall be double the

fee for the annual license. The fees collected shall be

deposited with the State Treasurer into the Long Term Care

Monitor/Receiver 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

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

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

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

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

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

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;

(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

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 "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

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.

(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.

The license granted to a transferee for a facility that is in

receivership shall be subject to any contractual obligations

assumed by a grantee under the Equity in Long-term Care Quality

Act and to the plan submitted by the receiver for continuing

and increasing adherence to best practices in providing

high-quality nursing home care, unless the grant is repaid,

under conditions to be determined by rule by the Department in

its administration of the Equity in Long-term Care Quality Act.

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 at

the request of the licensee. 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

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 and

with contractual obligations assumed by a recipient of a

grant under the Equity in Long-term Care Quality Act and

the plan (if applicable) submitted by a grantee for

continuing and increasing adherence to best practices in

providing high-quality nursing home care.

(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

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.

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

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 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

turpitude, during the previous 5 years as shown by a

certified copy of the record of the court of conviction.

(3) Personnel are 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.

(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 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.

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) Number 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

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

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 3-202.05. Staffing ratios. The Department shall

establish rules governing the minimum staffing level and

staffing qualifications for facilities. In crafting the

staffing ratios, the Department shall take into account the

ambulatory nature and mental health of the resident population

in the facilities. The rules shall be substantially similar to

the staffing ratios contained in Section 3-202.05 of the

Nursing Home Care 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 representative, as applicable, must

develop and implement a comprehensive care plan for each

resident that includes measurable objectives and timetables to

meet the resident's medical, mental and psychosocial needs that

are identified in the resident's comprehensive assessment,

that allow the resident to attain or maintain the highest

practicable level of independent functioning, and that 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 representative, as applicable.

Section 3-202.2b. Certification of specialized mental

health rehabilitation facilities.

(a) The Department shall file with the Joint Committee on

Administrative Rules, pursuant to the Illinois Administrative

Procedure Act, proposed rules or proposed amendments to

existing rules to establish a special certification program

that provides for psychiatric rehabilitation services that are

required to be offered by a facility licensed under this Act

that serves residents with serious mental illness. Compliance

with standards promulgated pursuant to this Section must be

demonstrated before a facility licensed under this Act is

eligible to become certified under this Section and annually

thereafter.

(b) No facility shall establish, operate, maintain, or

offer psychiatric rehabilitation services, or admit, retain,

or seek referrals of a resident with a serious mental illness

diagnosis, unless and until a valid certification, which

remains unsuspended, unrevoked, and unexpired, has been

issued.

(c) A facility that currently serves a resident with

serious mental illness may continue to admit such residents

until the Department performs a certification review and

determines that the facility does not meet the requirements for

certification. The Department, at its discretion, may provide

an additional 90-day period for the facility to meet the

requirements for certification if it finds that the facility

has made a good faith effort to comply with all certification

requirements and will achieve total compliance with the

requirements before the end of the 90-day period. The facility

shall be prohibited from admitting residents with serious

mental illness until the Department certifies the facility to

be in compliance with the requirements of this Section.

(d) A facility currently serving residents with serious

mental illness that elects to terminate provision of services

to this population must immediately notify the Department of

its intent, cease to admit new residents with serious mental

illness, and give notice to all existing residents with serious

mental illness of their impending discharge. These residents

shall be accorded all rights and assistance provided to a

resident being involuntarily discharged and those provided

under Section 2-201.5 of this Act. The facility shall continue

to adhere to all requirements of this Act until all residents

with serious mental illness have been discharged.

(e) A facility found to be out of compliance with the

certification requirements under this Section may be subject to

denial, revocation, or suspension of the psychiatric

rehabilitation services certification or the imposition of

sanctions and penalties, including the immediate suspension of

new admissions. Hearings shall be conducted pursuant to Part 7

of Article III of this Act.

(f) The Department shall indicate on its list of licensed

facilities which facilities are certified under this Section

and shall distribute this list to the appropriate State

agencies charged with administering and implementing the

State's program of pre-admission screening and resident

review, hospital discharge planners, and others upon request.

(g) No public official, agent, or employee of the State, or

any subcontractor of the State, may refer or arrange for the

placement of a person with serious mental illness in a facility

that is not certified under this Section. No public official,

agent, or employee of the State, or any subcontractor of the

State, may place the name of a facility on a list of facilities

serving the seriously mentally ill for distribution to the

general public or to professionals arranging for placements or

making referrals unless the facility is certified under this

Section.

(h) The Department shall establish requirements for

certification that augment current quality of care standards

for facilities serving residents with serious mental illness,

which shall include admission, discharge planning, psychiatric

rehabilitation services, development of age group appropriate

treatment plan goals and services, behavior management

services, coordination with community mental health services,

staff qualifications and training, clinical consultation,

resident access to the outside community, and appropriate

environment and space for resident programs, recreation,

privacy, and any other issue deemed appropriate by the

Department. The augmented standards shall at a minimum include,

but need not be limited to, the following:

(1) Staff sufficient in number and qualifications

necessary to meet the scheduled and unscheduled needs of

the residents on a 24-hour basis. The Department shall

establish by rule the minimum number of psychiatric

services rehabilitation coordinators in relation to the

number of residents with serious mental illness residing in

the facility.

(2) The number and qualifications of consultants

required to be contracted with to provide continuing

education and training and to assist with program

development.

(3) Training for all new employees specific to the care

needs of residents with a serious mental illness diagnosis

during their orientation period and annually thereafter.

Training shall be independent of the Department and

overseen by an agency designated by the Governor to

determine the content of all facility employee training and

to provide training for all trainers of facility employees.

Training of employees shall at minimum include, but need

not be limited to, (i) the impact of a serious mental

illness diagnosis, (ii) the recovery paradigm and the role

of psychiatric rehabilitation, (iii) preventive strategies

for managing aggression and crisis prevention, (iv) basic

psychiatric rehabilitation techniques and service

delivery, (v) resident rights, (vi) abuse prevention,

(vii) appropriate interaction between staff and residents,

and (viii) any other topic deemed by the Department to be

important to ensuring quality of care.

(4) Quality assessment and improvement requirements

specific to a facility's residential psychiatric

rehabilitation services, which shall be made available to

the Department upon request. A facility shall be required

at a minimum to develop and maintain policies and

procedures that include, but need not be limited to,

evaluation of the appropriateness of resident admissions

based on the facility's capacity to meet specific needs,

resident assessments, development and implementation of

care plans, and discharge planning.

(5) Room selection and appropriateness of roommate

assignment.

(6) Comprehensive quarterly review of all treatment

plans for residents with serious mental illness by the

resident's interdisciplinary team, which takes into

account, at a minimum, the resident's progress, prior

assessments, and treatment plan.

(7) Substance abuse screening and management and

documented referral relationships with certified substance

abuse treatment providers.

(8) Administration of psychotropic medications to a

resident with serious mental illness who is incapable of

giving informed consent, in compliance with the applicable

provisions of the Mental Health and Developmental

Disabilities Code.

(i) The Department shall establish a certification fee

schedule by rule, in consultation with advocates, nursing

homes, and representatives of associations representing long

term care facilities. Rules proposed under this Section shall

take effect 180 days after being approved by the Joint

Committee on Administrative Rules.

Section 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

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

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.

(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

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

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 Nursing Home 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.

(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.

Section 3-203. Standards for persons with mental illness.

In licensing any facility for persons with a mental illness,

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.

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. Nursing assistants, habilitation aids, and

child care 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 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.

(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 employes of the Department of Human

Services.

The facility shall develop and implement procedures,

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.

(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

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 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.

(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

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 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 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 a long-term care

facility but remains continuously employed for pay as a nursing

assistant, habilitation aide, or child care aide. Individuals

who have performed no nursing or nursing-related 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 include in the registry

established under Section 3-206.01 of the Nursing Home Care Act

all individuals who (i) have satisfactorily completed the

training required by Section 3-206 of this Act, (ii) have begun

a current course of training as set forth in Section 3-206 of

this Act, or (iii) are otherwise acting as a nursing assistant,

habilitation aide, home health aide, psychiatric services

rehabilitation aide, or child care aide. The registry shall

include the individual's name, his or her current address,

Social Security number, and the date and location of the

training course completed by the individual 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 of the individual's last criminal records check. Any

individual placed on the registry is required to inform the

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, psychiatric services

rehabilitation 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, psychiatric services

rehabilitation aide, or 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, 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 resident property in a

facility, the finding shall be included as part of the registry

as well as a clear and accurate summary 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 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 (g-5) 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, psychiatric services

rehabilitation aide, or child care aide, may designate that the

Department has found any of the following:

(1) The nursing assistant, habilitation aide, home

health aide, psychiatric services rehabilitation aide, or

child care aide has abused a resident.

(2) The nursing assistant, habilitation aide, home

health aide, psychiatric services rehabilitation aide, or

child care aide has neglected a resident.

(3) The nursing assistant, habilitation aide, home

health aide, psychiatric services rehabilitation aide, or

child care aide has misappropriated resident property.

(4) The nursing assistant, habilitation aide, home

health aide, psychiatric services rehabilitation 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 denote any nursing assistant,

habilitation aide, home health aide, psychiatric services

rehabilitation 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

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,

psychiatric services rehabilitation 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, psychiatric services rehabilitation

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;

(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.

(f) A person seeking employment as a resident attendant is

subject to the Health Care Worker Background Check Act.

Section 3-206.05. Safe resident handling policy.

(a) In this Section:

"Health care worker" means an individual providing

direct resident care services who may be required to lift,

transfer, reposition, or move a resident.

"Nurse" means an advanced practice nurse, a registered

nurse, or a licensed practical nurse licensed under the

Nurse Practice Act.

(b) A facility must adopt and ensure implementation of a

policy to identify, assess, and develop strategies to control

risk of injury to residents and nurses and other health care

workers associated with the lifting, transferring,

repositioning, or movement of a resident. The policy shall

establish a process that, at a minimum, includes all of the

following:

(1) Analysis of the risk of injury to residents and

nurses and other health care workers taking into account

the resident handling needs of the resident populations

served by the facility and the physical environment in

which the resident handling and movement occurs.

(2) Education of nurses in the identification,

assessment, and control of risks of injury to residents and

nurses and other health care workers during resident

handling.

(3) Evaluation of alternative ways to reduce risks

associated with resident handling, including evaluation of

equipment and the environment.

(4) Restriction, to the extent feasible with existing

equipment and aids, of manual resident handling or movement

of all or most of a resident's weight except for emergency,

life-threatening, or otherwise exceptional circumstances.

(5) Procedures for a nurse to refuse to perform or be

involved in resident handling or movement that the nurse in

good faith believes will expose a resident or nurse or

other health care worker to an unacceptable risk of injury.

(6) Development of strategies to control risk of injury

to residents and nurses and other health care workers

associated with the lifting, transferring, repositioning,

or movement of a resident.

(7) In developing architectural plans for construction

or remodeling of a facility or unit of a facility in which

resident handling and movement occurs, consideration of

the feasibility of incorporating resident handling

equipment or the physical space and construction design

needed to incorporate that equipment.

Section 3-206.1. 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 3-207. Statement of ownership.

(a) As a condition of the issuance or renewal of the

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, whereever

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;

(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

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

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

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

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

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

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

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

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. Violations shall be

determined 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

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.

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

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

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

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

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 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 that 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

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

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 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'

special projects or federally required inspections;

(8) advisory standards;

(9) deficiency free surveys;

(10) enforcement actions and enforcement summaries;

and

(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) By August 1, 2011, and quarterly thereafter, the

Department shall generate and publish quarterly a list of

distressed facilities. Criteria for inclusion of certified

facilities on the list shall be those used by the U.S. General

Accounting Office in report 9-689, until such time as the

Department by rule modifies the criteria.

(b) In deciding whether and how to modify the criteria used

by the General Accounting Office, the Department shall complete

a test run of any substitute criteria to determine their

reliability by comparing the number of facilities identified as

distressed against the number of distressed facilities

generated using the criteria contained in the General

Accounting Office report. The Department may not adopt

substitute criteria that generate fewer facilities with a

distressed designation than are produced by the General

Accounting Office criteria during the test run.

(c) The Department shall, by rule, adopt criteria to

identify non-Medicaid-certified facilities that are distressed

and shall publish this list quarterly beginning October 1,

2011.

(d) The Department shall notify each facility of its

distressed designation, and of the calculation on which it is

based.

(e) 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, 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.

(f) A facility that has been designated a distressed

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. A

facility that the Department determines has a plan of

improvement likely to bring and keep the facility in compliance

and that has demonstrated good faith efforts at implementation

within the first 90 days may be eligible to receive a grant

under the Equity in Long-term Care Quality Act to assist it in

achieving and maintaining compliance. In this subsection,

"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, "related parties" has

the meaning attributed to it in the instructions for completing

Medicaid cost reports.

(g) Monitor and temporary managers. 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

facility. The temporary manager shall have the authority

determined by the Department, which may grant the temporary

manager any or all of the authority a court may grant a

receiver. The temporary manager may apply to the Equity in

Long-term Care Quality Fund for grant funds to implement the

plan of improvement.

(h) The Department shall by rule establish a mentor program

for owners of distressed facilities.

(i) The Department shall by rule establish sanctions (in

addition to those authorized elsewhere in this Article) against

distressed facilities that are not in compliance with this Act

and (if applicable) with federal certification requirements.

Criteria for imposing sanctions shall take into account a

facility's actions to address the violations and deficiencies

that caused its designation as a distressed facility, and its

compliance with this Act and with federal certification

requirements (if applicable), subsequent to its designation as

a distressed facility, including mandatory revocations if

criteria can be agreed upon by the Department, resident

advocates, and representatives of the nursing home profession.

The Department shall report to the General Assembly on the

results of negotiations about creating criteria for mandatory

license revocations of distressed facilities and make

recommendations about any statutory changes it believes are

appropriate to protect the health, safety, and welfare of

nursing home residents.

(j) The Department may establish by rule criteria for

restricting the owner of a facility on the distressed list from

acquiring additional skilled nursing facilities.

Section 3-305. Licensee subject to penalties; fines. The

license of a facility that is in violation of this Act or any

rule adopted under this Act 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 up to $25,000 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 with an acceptable

plan of correction and assessed a fine of up to $12,500 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.

(2.5) A licensee who commits 10 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

licensee who commits one or more Type "C" violations with a

high-risk designation, as defined by rule, shall be assessed a

fine of up to $500 per violation.

(3) A licensee who commits a Type "AA" or Type "A"

violation as defined in Section 1-128.5 or 1-129 that 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 per resident per day 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) For the purpose of computing a penalty under

subsections (2) through (4), the number of residents per day

shall be based on the average number of residents in the

facility during the 30 days preceding the discovery of the

violation.

(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.

(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. Violations of the

Nursing Home Care Act and the MR/DD Community Care Act shall be

deemed violations of this Act.

(7.5) If an occurrence results in more than one type of

violation as defined in this Act, the Nursing Home Care Act, or

the MR/DD Community Care Act (that is, a Type "AA", Type "A",

Type "B", or Type "C" violation), 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.

(8) The minimum and maximum fines that may be assessed

pursuant to this Section shall be twice those otherwise

specified for any facility that willfully makes a misstatement

of fact to the Department, or willfully fails to make a

required notification to the Department, if that misstatement

or failure delays the start of a surveyor or impedes a survey.

(9) If the Department finds that a facility has violated a

provision of the Illinois Administrative Code 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, the Department may assess a fine of

up to 2 times the maximum fine otherwise allowed.

(10) If a licensee has paid a civil monetary penalty

imposed pursuant to the Medicare and Medicaid Certification

Program for the equivalent federal violation giving rise to a

fine under this Section, the Department shall offset the fine

by the amount of the civil monetary penalty. The offset may not

reduce the fine by more than 75% of the original fine, however.

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

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, and 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. The notice must

contain a detailed computation showing how the amount of the

penalty was derived, including the number of days and the

number of residents on which the penalty was based. 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 "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

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 or his or her designee may reallocate the

amount of a penalty assessed pursuant to Section 3-305. A

facility shall submit to the Director a written request for a

penalty reduction, in a form prescribed by the Department,

which includes an accounting of all costs for goods and

services purchased in correcting the violation. The amount by

which a penalty is reduced may not be greater than the amount

of the costs reported by the facility. A facility that accepts

a penalty reallocation under this Section waives its right to

dispute a notice of violation and any remaining fine or penalty

in an administrative hearing. The Director shall consider the

following factors:

(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.

(4) The facility did not benefit financially from

committing or continuing the violation.

At least annually, and upon request, the Department shall

provide a list of all reallocations and the reasons for those

reallocations.

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

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 (i) 65% of the amount

assessed for each violation specified in the penalty assessment

or (ii) in the case of a fine subject to offset under paragraph

(10) of Section 3-305, up to 75% of the amount assessed.

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 Medicaid Long Term Care Provider Participation Fee

Trust Fund established under Section 5-4.31 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

license shall not be renewed; or

(3) Bring an action in circuit court to recover the

amount of the penalty.

With the approval of the federal centers for Medicaid and

Medicare services, the Director of Public Health shall set

aside 50% of the federal civil monetary penalties collected

each year to be used to award grants under the Equity in

Long-term Care Quality Act.

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

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

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

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

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 nonreceipt 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

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;

(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

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

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.

(c) When an identified offender is within the provisional

admission period defined in Section 1-120.3. If the Identified

Offender Report and Recommendation prepared under Section

2-201.6 shows that the identified offender poses a serious

threat or danger to the physical safety of other residents, the

facility staff, or facility visitors in the admitting facility

and the facility determines that it is unable to provide a safe

environment for the other residents, the facility staff, or

facility visitors, the facility shall transfer or discharge the

identified offender within 3 days after its receipt of the

Identified Offender Report and Recommendation.

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

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, the

resident's representative, and, if the resident's care is paid

for in whole or part through Title XIX, the Department of

Healthcare and Family Services.

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

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

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

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;

(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. Transfer or discharge; alternative

placements. 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 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.

When the Department provides information on available

alternative placements in community-based settings for

individuals being discharged or transferred from facilities

licensed under this Act, the information must include a

comprehensive list of a range of appropriate, client-oriented

services and the name of and contact information for the ADA

coordinator in the relocation locale. The comprehensive list

must include the name and contact information for each agency

or organization providing those services and a summary of the

services provided by each agency or organization. A hotline or

similar crisis telephone number must also be provided to

individuals relocating into the community.

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

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

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

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

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

federal reimbursement program under either Title XVIII or

Title XIX of the Social Security Act.

(f) The facility has been designated a distressed

facility by the Department and does not have a consultant

employed pursuant to paragraph (f) of Section 3-304.2 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.

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.

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.

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 for 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

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

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

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.

(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

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

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

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.

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

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,

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

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

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

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

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

long term care 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

of the long term care 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.

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, or by personal visit. An

oral complaint shall be reduced to writing by the Department.

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.

(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

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

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

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.

(h) Any person who knowingly transmits a false report to

the Department commits the offense of disorderly conduct under

subsection (a)(8) of Section 26-1 of the Criminal Code of 1961.

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, 3-301, 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

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

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

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.

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 the party filing

the complaint deposits with the clerk of the court the sum of

95 cents per page, representing the costs of such

certification. Failure on the part of the plaintiff to make

such deposit 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

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

have the power to adopt rules and regulations to carry out the

purpose of this Act.

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 Nursing Home Care Act. Until the Department adopts

those rules, the rules adopted under the Nursing Home Care Act

and the Public Aid Code that apply to facilities subject to

licensure under this Act shall continue to apply to those

facilities.

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

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;

nursing home. The Department shall develop a protocol for the

care and treatment of residents who have been sexually

assaulted in a long term care facility or elsewhere.

Section 3-808.5. Nursing home fraud, abuse, and neglect

prevention and reporting.

(a) Every licensed long-term care facility 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. 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 family members or emergency contacts, or to both the

resident's family members and his or her emergency contacts.

(b) Any owner or licensee of a long-term care 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 requirements to be made pursuant to this

Section, shall be kept 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 long-term care facility must be

disclosed to the owners and licensee of the facility within 24

hours of the report. The owners and licensee of a long-term

care facility shall maintain all records necessary to show

compliance with this disclosure requirement.

(d) Any person with an ownership interest in a long-term

care facility licensed by the Department must, within 30 days

of 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 shall be

made in the form and manner prescribed by the Department.

Licensed long-term care facilities who receive Medicaid

funding shall submit a copy of the disclosures required by this

subsection to the Illinois Medicaid Fraud Control Unit. The

owners and licensee of a long-term care facility shall maintain

all records necessary to 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 3-809. Rules to implement changes. In developing

rules and regulations to implement this Act, the Department

shall seek the input of advocates for long term care facility

residents, representatives of associations representing

long-term care facilities, and representatives of associations

representing employees of long-term care facilities.

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) through (3) of

subsection (b).

(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

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 (i) the employee of the facility engaged in

conduct described in subsection (b) of this Section and (ii)

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.

(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.

ARTICLE IV. FACILITY PAYMENTS

Section 4-101. Payments. For facilities licensed by the

Department of Public Health under the Specialized Mental Health

Rehabilitation Facilities Act, the payment methodology in

effect on June 30, 2011, shall be $1 less than the rate that

would have been paid pursuant to Article V of the Illinois

Public Aid Code for that same facility, had the facility been

licensed under a different Act and been participating in the

Demonstration Program pursuant to Department rules. Any

adjustment in the support component or the capital component

for facilities licensed by the Department of Public Health

under the Nursing Home Care Act shall apply equally to

facilities licensed by the Department of Public Health under

the Specialized Mental Health Rehabilitation Facilities Act.

Any change in rate methodology shall be made in statute.

ARTICLE 90. AMENDATORY PROVISIONS

Section 90-5. 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, or the MR/DD

Community Care 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 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. 96-339, eff. 7-1-10; 96-563, eff. 1-1-10;

96-1000, eff. 7-2-10.)

(10 ILCS 5/4-6.3) (from Ch. 46, par. 4-6.3)

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

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, or the MR/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. 96-339, eff. 7-1-10.)

(10 ILCS 5/4-10) (from Ch. 46, par. 4-10)

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

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

Sailors' Home or any facility which is licensed or certified

pursuant to the Nursing Home Care Act, the Specialized Mental

Health Rehabilitation Act, or the MR/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:

"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

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

other information as may be necessary, including post office

mailing address.

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).

........................................

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. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;

96-1000, eff. 7-2-10.)

(10 ILCS 5/5-9) (from Ch. 46, par. 5-9)

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

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, or the MR/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

......... 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

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.

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 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. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;

96-1000, eff. 7-2-10.)

(10 ILCS 5/5-16.3) (from Ch. 46, par. 5-16.3)

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, or the MR/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 5-16.2.

(Source: P.A. 96-339, eff. 7-1-10.)

(10 ILCS 5/6-50.3) (from Ch. 46, par. 6-50.3)

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

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, or the MR/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. 96-339, eff. 7-1-10.)

(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

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, or the

MR/DD Community Care 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

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

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. 96-339, eff. 7-1-10.)

(10 ILCS 5/19-4) (from Ch. 46, par. 19-4)

Sec. 19-4. Mailing or delivery of ballots - Time.)

Immediately upon the receipt of such application either by

mail, 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 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 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 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

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 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, or the MR/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

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. 96-339, eff. 7-1-10.)

(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)

Sec. 19-12.1. Any qualified elector who has secured an

Illinois Disabled Person 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 a facility licensed or certified pursuant

to the Nursing Home Care Act, the Specialized Mental Health

Rehabilitation Act, or the MR/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.

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 Disabled

Person 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

Disabled Person 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

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

Class A misdemeanor.

For the purposes of this Section, "nursing home resident"

includes a resident of a facility licensed under the MR/DD

Community Care Act or the Specialized Mental Health

Rehabilitation Act.

(Source: P.A. 96-339, eff. 7-1-10.)

(10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)

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 facilities licensed or certified

pursuant to the Nursing Home Care Act, the Specialized Mental

Health Rehabilitation Act, or the MR/DD Community Care Act for

the sole benefit of residents of such facilities. 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

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 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 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 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 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 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 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 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 facilities and shall return

the ballot to the central ballot counting location before the

polls close. However, if the 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 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, or the MR/DD Community Care Act, and

shall indicate the approved bed capacity and the name of the

chief administrative officer of each such facility, and the

State Board of Elections shall certify the same to the

appropriate election authority within 20 days thereafter.

(Source: P.A. 96-339, eff. 7-1-10.)

Section 90-10. The Illinois Act on the Aging is amended by

changing Section 4.04 as follows:

(20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)

Sec. 4.04. Long Term Care Ombudsman Program.

(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.

(b) Definitions. As used in this Section, unless the

context requires otherwise:

(1) "Access" has the same meaning as in Section 1-104

of the Nursing Home Care Act, as now or hereafter amended;

that is, it 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 resident, regardless of

age;

(iv) Inspect the clinical and other records of a

resident, regardless of age, with the express written

consent of the 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.

(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)); and any

facility as defined by Section 1-113 of the MR/DD Community

Care 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

Act.

(2.7) "Supportive living facility" means a facility

established under Section 5-5.01a of the Illinois Public

Aid Code.

(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 a regional 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.

(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, including the option to

serve residents under the age of 60, relating to actions,

inaction, or decisions of providers, or their representatives,

of long term care facilities, of supported living facilities,

of assisted living and shared housing establishments, of public

agencies, or of social services agencies, which may adversely

affect the health, safety, welfare, or rights of such

residents. The Office and designated regional programs may

represent all residents, 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 residents they serve,

including children, persons with mental illness (other than

Alzheimer's disease and related disorders), and persons with

developmental disabilities.

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. The training

must include information specific to assisted living

establishments, supportive living facilities, and shared

housing establishments and to the rights of residents

guaranteed under the 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 MR/DD Community Care 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.

(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

MR/DD Community Care 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

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; and

(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.

(2) Each long term care facility, supportive living

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.

(3) The Director of Aging, in consultation with the

Office, 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, witness, or employee of a long term

care provider unless:

(1) the complainant, resident, 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, 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

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.

(Source: P.A. 95-620, eff. 9-17-07; 95-823, eff. 1-1-09;

96-328, eff. 8-11-09; 96-758, eff. 8-25-09; 96-1372, eff.

7-29-10.)

Section 90-15. 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

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 MR/DD Community Care Act or the

Specialized Mental Health Rehabilitation Act, 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

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

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

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

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

mental retardation, as applicable to the person to be 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

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 MR/DD Community Care Act or the Specialized

Mental Health Rehabilitation Act, 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 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

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

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. 96-339, eff. 7-1-10.)

Section 90-20. 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, and all

facilities as defined in the MR/DD Community Care 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.

(Source: P.A. 96-339, eff. 7-1-10.)

(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, and the MR/DD Community Care 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

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. 96-339, eff. 7-1-10.)

(20 ILCS 2310/2310-565) (was 20 ILCS 2310/55.88)

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, the MR/DD Community Care Act, or the

Hospital Licensing Act on problems and issues relating to the

construction of facilities under any of those Acts.

(Source: P.A. 96-339, eff. 7-1-10.)

(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

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, or the MR/DD

Community Care 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

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. 96-339, eff. 7-1-10.)

Section 90-25. The Abuse of Adults with Disabilities

Intervention Act is amended by changing Section 15 as follows:

(20 ILCS 2435/15) (from Ch. 23, par. 3395-15)

Sec. 15. Definitions. As used in this Act:

"Abuse" means causing any physical, sexual, or mental

injury to an adult with disabilities, including exploitation of

the adult's financial resources. Nothing in this Act shall be

construed to mean that an adult with disabilities is a victim

of abuse or 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 adult

with disabilities is a victim of abuse because of health care

services provided or not provided by licensed health care

professionals.

"Adult with disabilities" means a person aged 18 through 59

who resides in a domestic living situation and whose physical

or mental disability impairs his or her ability to seek or

obtain protection from abuse, neglect, or exploitation.

"Department" means the Department of Human Services.

"Adults with Disabilities Abuse Project" or "project"

means that program within the Office of Inspector General

designated by the Department of Human Services to receive and

assess reports of alleged or suspected abuse, neglect, or

exploitation of adults with disabilities.

"Domestic living situation" means a residence where the

adult with disabilities lives alone or with his or her family

or household members, a care giver, or others or at a board and

care home or other community-based unlicensed facility, but is

not:

(1) A licensed facility as defined in Section 1-113 of

the Nursing Home Care Act or Section 1-113 of the MR/DD

Community Care Act or Section 1-113 of the Specialized

Mental Health Rehabilitation Act.

(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, a federal agency, or the State.

(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 and that

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) A community-integrated living arrangement as

defined in the Community-Integrated Living Arrangements

Licensure and Certification Act or community residential

alternative as licensed under that Act.

"Emergency" means a situation in which an adult with

disabilities is in danger of death or great bodily harm.

"Exploitation" means the illegal, including tortious, use

of the assets or resources of an adult with disabilities.

Exploitation includes, but is not limited to, the

misappropriation of assets or resources of an adult with

disabilities by undue influence, by breach of a fiduciary

relationship, by fraud, deception, or extortion, or by the use

of the assets or resources in a manner contrary to law.

"Family or household members" means a person who as a

family member, volunteer, or paid care provider has assumed

responsibility for all or a portion of the care of an adult

with disabilities who needs assistance with activities of daily

living.

"Neglect" means the failure of another individual to

provide an adult with disabilities with or the willful

withholding from an adult with disabilities the necessities of

life, including, but not limited to, food, clothing, shelter,

or medical care.

Nothing in the definition of "neglect" shall be construed to

impose a requirement that assistance be provided to an adult

with disabilities over his or her objection in the absence of a

court order, nor to create any new affirmative duty to provide

support, assistance, or intervention to an adult with

disabilities. Nothing in this Act shall be construed to mean

that an adult with disabilities is a victim of neglect because

of health care services provided or not provided by licensed

health care professionals.

"Physical abuse" includes sexual abuse and means any of the

following:

(1) knowing or reckless use of physical force,

confinement, or restraint;

(2) knowing, repeated, and unnecessary sleep

deprivation; or

(3) knowing or reckless conduct which creates an

immediate risk of physical harm.

"Secretary" means the Secretary of Human Services.

"Sexual abuse" means touching, fondling, sexual threats,

sexually inappropriate remarks, or any other sexual activity

with an adult with disabilities when the adult with

disabilities is unable to understand, unwilling to consent,

threatened, or physically forced to engage in sexual behavior.

"Substantiated case" means a reported case of alleged or

suspected abuse, neglect, or exploitation in which the Adults

with Disabilities Abuse Project staff, after assessment,

determines that there is reason to believe abuse, neglect, or

exploitation has occurred.

(Source: P.A. 96-339, eff. 7-1-10.)

Section 90-30. 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 MR/DD Community Care 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.

(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.)

Section 90-35. 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, agricultural facility or agribusiness,

and "project" may include any combination of one or more of the

foregoing 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 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

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 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

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

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, or the MR/DD Community Care

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, 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

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

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

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

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

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

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".

(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.

(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.

(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

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 of Illinois 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;

(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

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 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 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.

(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.

(Source: P.A. 95-697, eff. 11-6-07; 96-339, eff. 7-1-10;

96-1021, eff. 7-12-10.)

Section 90-40. 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 and organizations:

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;

3.5. Skilled and intermediate care facilities licensed

under the MR/DD Community Care Act;

3.7. Facilities licensed under the Specialized Mental

Health Rehabilitation Act;

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;

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 as defined

by the Board, including, but not limited to, cardiac

catheterization and open heart surgery; and

8. An institution, place, building, or room used for

provision of 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.

This Act shall not apply to the construction of any new

facility or the renovation of any 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.

No federally owned facility shall be subject to the

provisions of this Act, nor facilities used solely for healing

by prayer or spiritual means.

No facility licensed under the Supportive Residences

Licensing Act or the Assisted Living and Shared Housing Act

shall be subject to the provisions of this Act.

No facility established and operating under the

Alternative Health Care Delivery Act as a 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 shall be

subject to the provisions of this Act.

A facility designated as a supportive living facility that

is in good standing with the program established under Section

5-5.01a of the Illinois Public Aid Code shall not be subject to

the provisions of this Act.

This Act does not apply to facilities granted waivers under

Section 3-102.2 of the Nursing Home Care Act. However, if a

demonstration project under that 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.

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. 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. The Board, however, may require these dialysis

facilities and licensed nursing homes to report statistical

information on a quarterly basis to the Board to be used by the

Board to conduct analyses on the need for proposed kidney

disease treatment centers.

This Act shall not apply to the closure of an entity or a

portion of an entity licensed under the Nursing Home Care Act,

the Specialized Mental Health Rehabilitation Act, or the MR/DD

Community Care Act, with the exceptions of facilities operated

by a county or Illinois Veterans Homes, that elects to convert,

in whole or in part, to an assisted living or shared housing

establishment licensed under the Assisted Living and Shared

Housing Act.

This Act does not apply to any change of ownership of a

healthcare facility that is licensed under the Nursing Home

Care Act, the Specialized Mental Health Rehabilitation Act, or

the MR/DD Community Care Act, with the exceptions 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.

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

professional corporation, or unincorporated medical or

professional groups. 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,

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 as defined by

the Board.

"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

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

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

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)

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

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.

(Source: P.A. 95-331, eff. 8-21-07; 95-543, eff. 8-28-07;

95-584, eff. 8-31-07; 95-727, eff. 6-30-08; 95-876, eff.

8-21-08; 96-31, eff. 6-30-09; 96-339, eff. 7-1-10; 96-1000,

eff. 7-2-10.)

(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

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 MR/DD Community Care Act, facilities licensed under

the Specialized Mental Health Rehabilitation Act, 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;

(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.

(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

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;

(b) Projects proposing a (1) new service or (2)

discontinuation of a service, 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

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 within 30 days of

the 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. The staff of the State Board shall

prepare a written copy of the final decision and the State

Board shall approve a final copy for inclusion in the formal

record.

(12) Require at least one of its members to participate in

any public hearing, after the appointment of the 9 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

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 Board shall file the

proposed related administrative rules for the separate rules

and guidelines for long-term care required by this paragraph

(15) by September 1, 2010. 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 prior to approval by

the Board and promulgation of related rules.

(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;

96-1000, eff. 7-2-10.)

(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 Agency or the State Board

shall make or cause to be made such investigations as it or the

State Board 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.

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

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 MR/DD

Community Care Act, the Specialized Mental Health

Rehabilitation Act, or the End Stage Renal Disease Facility

Act. These questionnaires shall be conducted on an annual basis

and compiled by the Agency. For health care facilities licensed

under the Nursing Home Care Act, the Specialized Mental Health

Rehabilitation Act, or the MR/DD Community Care Act, 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. For health

care facilities 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 MR/DD Community Care Act, or (iii) licensed under the

Hospital Licensing Act, or (iv) licensed under the Specialized

Mental Health Rehabilitation Act and certified as skilled

nursing or nursing facility beds under Medicaid or Medicare.

(Source: P.A. 96-339, eff. 7-1-10.)

(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.

(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 MR/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 MR/DD Community Care

Act. For facilities licensed under the Specialized Mental

Health Rehabilitation 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

Specialized Mental Health Rehabilitation Act. 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 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.

(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

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 MR/DD Community Care 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 MR/DD Community Care Act must comply with

Section 3-423 of the Nursing Home Care Act or Section 3-423

of the MR/DD Community Care Act and must provide the Board

with 30-days' written notice of its intent to close.

(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

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. 95-543, eff. 8-28-07; 96-339, eff. 7-1-10;

96-1372, eff. 7-29-10.)

Section 90-45. 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

to licensure by the Illinois Department of Public Health under

the Nursing Home Care Act, the Specialized Mental Health

Rehabilitation Act, or the MR/DD Community Care Act.

(Source: P.A. 96-339, eff. 7-1-10.)

Section 90-50. 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

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.

(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 of the first division, a motor vehicle

of the second division that is a self-contained motor vehicle

designed or permanently converted to provide living quarters

for recreational, camping, or travel use, with direct walk

through to the living quarters from the driver's seat, or a

motor vehicle of the second division that is of the van

configuration designed for the transportation of not less than

7 nor more than 16 passengers, as defined in Section 1-146 of

the Illinois Vehicle Code, 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

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,

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) 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.

(13) Proceeds of mandatory service charges separately

stated on customers' bills for the purchase and consumption of

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) Until July 1, 2003, coal exploration, mining,

offhighway 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.

(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.

(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

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

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

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" or an "exotic

game hunting area" as those terms are used in the Wildlife Code

or at a hunting enclosure approved through rules adopted by the

Department of Natural Resources. 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

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

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, 2011,

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 MR/DD Community Care Act or the Specialized Mental

Health Rehabilitation Act.

(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

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

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

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

lubricants, cleaning solution, latex gloves, and protective

films. This exemption applies only to those organizations that

(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.

(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

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. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,

eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;

96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.

7-2-10.)

Section 90-55. 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

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.

(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,

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) 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.

(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

equipment purchased for lease.

(12) Until July 1, 2003, coal exploration, mining,

offhighway 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.

(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

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

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

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" or an "exotic

game hunting area" as those terms are used in the Wildlife Code

or at a hunting enclosure approved through rules adopted by the

Department of Natural Resources. 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,

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

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, 2011,

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 MR/DD Community Care Act or the Specialized Mental

Health Rehabilitation Act.

(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

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

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

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 those organizations that

(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.

(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

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. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,

eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;

96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.

7-2-10.)

(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

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, 2013, 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, 2013 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, 2013 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

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, 2013 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 MR/DD Community Care Act, the

Specialized Mental Health Rehabilitation Act, 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

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

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.

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

use.

(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,

eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)

Section 90-60. 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

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.

(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

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) 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.

(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) Until July 1, 2003, coal exploration, mining,

offhighway 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.

(13) Beginning January 1, 1992 and through June 30, 2011,

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 MR/DD Community Care Act or the Specialized Mental

Health Rehabilitation Act.

(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

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

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" or an "exotic game

hunting area" as those terms are used in the Wildlife Code or

at a hunting enclosure approved through rules adopted by the

Department of Natural Resources. 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

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

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

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,

2011, 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

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

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 those organizations that

(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.

(Source: P.A. 95-88, eff. 1-1-08; 95-538, eff. 1-1-08; 95-876,

eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff. 7-1-10;

96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000, eff.

7-2-10.)

(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

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, 2013, 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, 2013 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, 2013 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

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, 2013 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

Nursing Home Care Act, the MR/DD Community Care Act, the

Specialized Mental Health Rehabilitation Act, 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

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,

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.

(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38,

eff. 7-13-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)

Section 90-65. The Retailers' Occupation Tax Act is amended

by 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.

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 (7) 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

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 of the first division, a motor vehicle

of the second division that is a self contained motor vehicle

designed or permanently converted to provide living quarters

for recreational, camping, or travel use, with direct walk

through access to the living quarters from the driver's seat,

or a motor vehicle of the second division that is of the van

configuration designed for the transportation of not less than

7 nor more than 16 passengers, as defined in Section 1-146 of

the Illinois Vehicle Code, 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

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

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

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.

(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.

(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) Until July 1, 2003, coal exploration, mining,

offhighway 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.

(22) 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 destined for or returning from a

location or locations outside the United States without regard

to previous or subsequent domestic stopovers.

(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.

(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

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

(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

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

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" or an "exotic game

hunting area" as those terms are used in the Wildlife Code or

at a hunting enclosure approved through rules adopted by the

Department of Natural Resources. 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

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

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, 2011,

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 MR/DD Community Care Act or the Specialized Mental Health

Rehabilitation Act.

(36) Beginning August 2, 2001, 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. 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,

2011, 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 (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

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 those organizations that

(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.

(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

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. 95-88, eff. 1-1-08; 95-233, eff. 8-16-07; 95-304,

eff. 8-20-07; 95-538, eff. 1-1-08; 95-707, eff. 1-11-08;

95-876, eff. 8-21-08; 96-116, eff. 7-31-09; 96-339, eff.

7-1-10; 96-532, eff. 8-14-09; 96-759, eff. 1-1-10; 96-1000,

eff. 7-2-10.)

Section 90-70. 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

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, or the MR/DD

Community Care 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

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 Disabled Person 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 a Disabled Person 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

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

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. 95-644, eff. 10-12-07; 96-339, eff. 7-1-10.)

(35 ILCS 200/15-170)

Sec. 15-170. Senior Citizens Homestead Exemption. An

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 and, for taxable years 2008 and

thereafter, the maximum reduction is $4,000 in all counties.

For land improved with an apartment building owned and

operated as a cooperative, 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 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

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, or the MR/DD Community Care

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.

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

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

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. 95-644, eff. 10-12-07; 95-876, eff. 8-21-08;

96-339, eff. 7-1-10; 96-355, eff. 1-1-10; 96-1000, eff. 7-2-10;

96-1418, eff. 8-2-10.)

(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

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

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

and Pharmaceutical Assistance 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:

(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

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

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

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

Rehabilitation Act, or the MR/DD Community Care 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

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 1961. The applications

shall be clearly marked as applications for the Senior Citizens

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

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

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

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. 95-644, eff. 10-12-07; 96-339, eff. 7-1-10;

96-355, eff. 1-1-10; 96-1000, eff. 7-2-10.)

Section 90-75. 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

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

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

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

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

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

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, or the MR/DD Community Care 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 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

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

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

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

$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

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

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

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

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

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

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. 95-708, eff. 1-18-08; 96-339, eff. 7-1-10;

96-939, eff. 6-24-10.)

Section 90-80. 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 Section as they relate to subacute care

hospitals shall not apply to hospitals licensed under the

Illinois Hospital Licensing Act or skilled nursing facilities

licensed under the Illinois Nursing Home Care Act, the

Specialized Mental Health Rehabilitation Act, or the MR/DD

Community Care Act; provided, however, that the facilities

shall not hold themselves out to the public as subacute care

hospitals. The provisions of this Act concerning children's

respite 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, the MR/DD

Community Care Act, or the University of Illinois Hospital Act

that provides respite care services to children.

(Source: P.A. 95-331, eff. 8-21-07; 96-339, eff. 7-1-10.)

Section 90-85. 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 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

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, or the MR/DD Community

Care 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

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) "Podiatrist" means a person licensed to practice

podiatry under the Podiatric Medical Practice Act of 1987.

(Source: P.A. 96-339, eff. 7-1-10.)

Section 90-90. 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

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

Nursing Home Care Act, a facility licensed under the

Specialized Mental Health Rehabilitation Act, or a

facility licensed under the MR/DD Community Care Act.

However, a facility licensed under 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.

(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.

"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

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.

"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

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, or a

facility licensed under the MR/DD Community Care Act. A

facility licensed under 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

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. 95-216, eff. 8-16-07; 96-339, eff. 7-1-10;

96-975, eff. 7-2-10.)

(210 ILCS 9/35)

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, the Specialized Mental Health

Rehabilitation 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

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

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; 96-990, eff. 7-2-10.)

(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

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, or the MR/DD

Community Care Act.

(Source: P.A. 96-339, eff. 7-1-10.)

(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, or the MR/DD Community Care

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, or the MR/DD

Community Care 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, or

the MR/DD Community Care Act to licensure under this Act is

exempt from review by the Health Facilities and Services Review

Board.

(Source: P.A. 96-31, eff. 6-30-09; 96-339, eff. 7-1-10;

96-1000, eff. 7-2-10.)

Section 90-95. 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.

"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, or

the MR/DD Community Care Act.

"Review team" means a residential health care facility

resident sexual assault and death review team appointed under

this Act.

(Source: P.A. 96-339, eff. 7-1-10.)

(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, or the MR/DD Community Care 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.

(Source: P.A. 96-339, eff. 7-1-10.)

Section 90-100. 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 MR/DD Community Care

Act or the Specialized Mental Health Rehabilitation Act.

d. "Abuse" means any physical injury, sexual abuse or

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. 96-339, eff. 7-1-10.)

(210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)

Sec. 4. Any long term care facility administrator, agent or

employee or any physician, hospital, surgeon, dentist,

osteopath, chiropractor, podiatrist, 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 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 MR/DD Community Care Act or under Section

3-610 of the Specialized Mental Health Rehabilitation Act.

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.

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. 96-339, eff. 7-1-10.)

(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

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, or the MR/DD

Community Care 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 3-702 of the Specialized Mental Health

Rehabilitation Act, or Section 3-702 of the MR/DD Community

Care 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

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

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

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. 95-545, eff. 8-28-07; 96-339, eff. 7-1-10.)

Section 90-105. The Nursing Home Care Act is amended by

changing Sections 1-113, 2-204, 3-202.5, and 3-206.01 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

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;

(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; or

(12) A facility licensed under the MR/DD Community Care

Act; or .

(13) A facility licensed under the Specialized Mental

Health Rehabilitation Act.

(Source: P.A. 95-380, eff. 8-23-07; 96-339, eff. 7-1-10.)

(210 ILCS 45/2-204) (from Ch. 111 1/2, par. 4152-204)

Sec. 2-204. The Director shall appoint a Long-Term Care

Facility Advisory Board to consult with the Department and the

residents' advisory councils created under Section 2-203.

(a) The Board shall be comprised of the following persons:

(1) The Director who shall serve as chairman, ex

officio and nonvoting; and

(2) One representative each of the Department of

Healthcare and Family Services, the Department of Human

Services, the Department on Aging, 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;

(4) One member who shall be a registered nurse selected

from the recommendations of professional nursing

associations;

(5) Four 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 Board; and

(8) One member who shall be selected from the

recommendations of consumer organizations which engage

solely in advocacy or legal representation on behalf of

residents and their immediate families.

(b) The terms of those members of the Board appointed prior

to the effective date of this amendatory Act of 1988 shall

expire on December 31, 1988. Members of the Board created by

this amendatory Act of 1988 shall be appointed to serve for

terms as follows: 3 for 2 years, 3 for 3 years and 3 for 4

years. The member of the Board added by this amendatory Act of

1989 shall be appointed to serve for a term of 4 years. Each

successor member shall be appointed for a term of 4 years. Any

member appointed to fill a vacancy occurring prior to the

expiration of the term for which his predecessor was appointed

shall be appointed for the remainder of such term. The Board

shall meet as frequently as the chairman deems necessary, but

not less than 4 times each year. Upon request by 4 or more

members the chairman shall call a meeting of the Board. The

affirmative vote of 6 members of the Board shall be necessary

for Board action. A member of the Board can designate a

replacement to serve at the Board meeting and vote in place of

the member by submitting a letter of designation to the

chairman prior to or at the Board meeting. The 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 and the Specialized Mental Health Rehabilitation

Facilities 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.

In the event that the Department fails to follow the advice of

the Board, the Department shall, prior to the promulgation of

such rules, transmit a written explanation of the reason

thereof to the Board. During its review of rules, the 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.

(Source: P.A. 95-331, eff. 8-21-07.)

(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

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

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.

(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

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

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 MR/DD Community Care Act or under

Section 3-202.5 of the Specialized Mental Health

Rehabilitation 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

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. 96-339, eff. 7-1-10.)

Section 90-110. The MR/DD Community Care Act is amended by

changing Sections 1-114.01, 1-122, 1-129, 1-130, 2-104,

2-106.1, 2-201.5, 2-205, 2-208, 3-109, 3-110, 3-112, 3-117,

3-119, 3-202, 3-206, 3-206.01, 3-206.02, 3-212, 3-303,

3-303.2, 3-304.1, 3-304.2, 3-305, 3-306, 3-308, 3-309, 3-310,

3-318, 3-402, 3-501, 3-502, 3-504, 3-703, and 3-712 and by

adding Sections 1-111.05, 1-114.001, 1-114.005, 1-120.3,

1-128.5, 1-132, 2-114, 2-115, 2-201.6, 2-217, 2-218, 3-119.1,

3-202.2a, 3-206.04, 3-808, 3-808.5, 3-809, and 3-810 as

follows:

(210 ILCS 47/1-111.05 new)

Sec. 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.

(210 ILCS 47/1-114.001 new)

Sec. 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,

protective services, and counseling.

(210 ILCS 47/1-114.005 new)

Sec. 1-114.005. High-risk designation. "High-risk

designation" means a violation 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.

(210 ILCS 47/1-114.01)

Sec. 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

Board Act.

(3) Is any other resident as determined by the

Department of State Police. has been convicted of any

felony offense listed in Section 25 of the Health Care

Worker Background Check Act, is a registered sex offender,

or is serving a term of parole, mandatory supervised

release, or probation for a felony offense.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/1-120.3 new)

Sec. 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.

(210 ILCS 47/1-122)

Sec. 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

residing in and receiving personal care from a facility.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/1-128.5 new)

Sec. 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.

(210 ILCS 47/1-129)

Sec. 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 presenting a substantial probability that death or

serious mental or physical harm to a resident will result

therefrom.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/1-130)

Sec. 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 directly threatening to the health,

safety or welfare of a resident.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/1-132 new)

Sec. 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.

(210 ILCS 47/2-104)

Sec. 2-104. Medical treatment; records.

(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 committee appointed by the Director

administrator of the facility where such research and treatment

is conducted. The membership, operating procedures and review

criteria for the institutional review board committees 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 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

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

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/2-106.1)

Sec. 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

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

prescribed 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 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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/2-114 new)

Sec. 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.

(210 ILCS 47/2-115 new)

Sec. 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.

(210 ILCS 47/2-201.5)

Sec. 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.

(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

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

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.

identified offenders who seek admission to a licensed facility

shall not be admitted unless the licensed facility complies

with the requirements of the Department's administrative rules

adopted pursuant to Section 3-202.3.

(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

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/2-201.6 new)

Sec. 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

to the date of admission to a long-term care 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,

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

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.

(210 ILCS 47/2-205)

Sec. 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

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

Information Act. However, the disclosure of information

described in subsection (1) shall not be restricted by any

provision of the Freedom of Information Act.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/2-208)

Sec. 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

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/2-217 new)

Sec. 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.

(210 ILCS 47/2-218 new)

Sec. 2-218. Minimum staffing in long-term care facilities

for under age 22 residents. 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

for under age 22 residents 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 shall constitute a Type "B"

violation.

(210 ILCS 47/3-109)

Sec. 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

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-110)

Sec. 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

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) (1) 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

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-112)

Sec. 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

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-117)

Sec. 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

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

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-119)

Sec. 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

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

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-119.1 new)

Sec. 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.

(210 ILCS 47/3-202)

Sec. 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 Number

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

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

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-202.2a new)

Sec. 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

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.

(210 ILCS 47/3-206)

Sec. 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.

(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,

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 UCIA 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 UCIA

criminal history record check in accordance with the Health

Care Worker Background Check Act at any time during or after

prior to the entry of an individual into 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 that tests nursing

assistants to request a UCIA 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

worker registry's web application, maintain the employment and

demographic information relating to certify to the Department

on a form provided by the Department the name and residence

address of 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

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-206.01)

Sec. 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 of the nursing assistant,

habilitation aide, or child care aide, 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

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 Department as

to information in the registry concerning the individual. The

facility and shall not employ an individual as a nursing

assistant, habilitation aide, or child care aide if that

individual is anyone 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, or child care aide, or an

unlicensed individual, has abused or neglected a resident or an

individual under his or her care, neglected a resident, or

misappropriated resident 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 resident property in a

facility, the finding shall be included as part of the registry

as well as a clear and accurate summary brief 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 any 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 (g-5) of Section 1-17 of the Department of

Human Services Act.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-206.02)

Sec. 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:

(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

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-206.04 new)

Sec. 3-206.04. Registry checks for employees.

(a) Within 60 days after the effective date of this

amendatory Act of the 97th General Assembly, 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 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.

(210 ILCS 47/3-212)

Sec. 3-212. Inspection of facility by Department; report.

(a) The Department, whenever it deems necessary in

accordance with subsection (b), shall inspect, survey and

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

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

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

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

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

Violations shall determine violations be determined under this

subsection no later than 90 60 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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-303)

Sec. 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

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

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-303.2)

Sec. 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 directly threaten the health,

safety or welfare of a resident, the Department shall issue an

administrative warning. Any administrative warning shall be

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-304.1)

Sec. 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; and

(10) enforcement actions and enforcement summaries;

and .

(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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-304.2 new)

Sec. 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

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

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.

(210 ILCS 47/3-305)

Sec. 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 Unless a greater penalty or fine is allowed under

subsection (3), a licensee who commits a Type "AA" "A"

violation as defined in Section 1-128.5 1-129 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. computed at a rate of $5.00

per resident in the facility plus 20 cents per resident for

each day of the violation, commencing on the date a notice

of the violation is served under Section 3-301 and ending

on the date the violation is corrected, or a fine of not

less than $5,000, or when death, serious mental or physical

harm, permanent disability, or disfigurement results, a

fine of not less than $10,000, whichever is greater.

(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

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. or

who is issued an administrative warning for a violation of

Sections 3-401 through 3-413 or the rules promulgated

thereunder is subject to a penalty computed at a rate of $3

per resident in the facility, plus 15 cents per resident

for each day of the violation, commencing on the date a

notice of the violation is served under Section 3-301 and

ending on the date the violation is corrected, or a fine

not less than $500, whichever is greater. Such fine shall

be assessed on the date of notice of the violation and

shall be suspended for violations that continue after such

date upon completion of a plan of correction in accordance

with Section 3-308 in relation to the assessment of fines

and correction. Failure to correct such violation within

the time period approved under a plan of correction shall

result in a fine and conditional license as provided under

subsection (5).

(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

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 per resident per day 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). For the purpose of computing a penalty

under subsections (2) through (4), the number of residents

per day shall be based on the average number of residents

in the facility during the 30 days preceding the discovery

of the violation.

(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.

(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

repeat violation shall not be a new citation of the same

rule if , unless 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

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.

(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)

(210 ILCS 47/3-306)

Sec. 3-306. Factors to be considered in determining

penalty. In determining whether a penalty is to be imposed and

in determining fixing 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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-308)

Sec. 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

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

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-309)

Sec. 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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-310)

Sec. 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 Developmentally Disabled Care Provider Fund

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

license shall not be renewed; or

(3) Bring an action in circuit court to recover the

amount of the penalty.

With the approval of the federal centers for Medicaid and

Medicare services, the Director of Public Health shall set

aside 50% of the federal civil monetary penalties collected

each year to be used to award grants under the Innovations in

Long-term Care Quality Grants Act.

(Source: P.A. 96-339, eff. 7-1-10; revised 10-19-10.)

(210 ILCS 47/3-318)

Sec. 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 Wilfully file any false, incomplete or

intentionally misleading information required to be filed

under this Act, or willfully wilfully 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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-402)

Sec. 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 when an emergency transfer or discharge is ordered

by the resident's attending physician because of the resident's

health care needs. ; or

(b) When when the transfer or discharge is mandated by the

physical safety of other residents, the facility staff, or

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-501)

Sec. 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; or

(e) The Department is notified that the facility is

terminated or will not be renewed for participation in the

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-502)

Sec. 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

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-504)

Sec. 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 for a limited time period, not to

exceed 180 days, 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

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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-703)

Sec. 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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-712)

Sec. 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 party

filing 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 deposits with the clerk of the

court the sum of 95 cents per page, representing the costs of

such certification. Failure on the part of the plaintiff to

file such receipt in Court make such deposit 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.

(Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/3-808 new)

Sec. 3-808. Protocol for sexual assault victims; MR/DD

facility. The Department shall develop a protocol for the care

and treatment of residents who have been sexually assaulted in

a MR/DD facility or elsewhere.

(210 ILCS 47/3-808.5 new)

Sec. 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

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 amendatory Act of the 97th General

Assembly, 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 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.

(210 ILCS 47/3-809 new)

Sec. 3-809. Rules to implement changes. In developing rules

and regulations to implement changes made by this amendatory

Act of the 97th General Assembly, the Department shall seek the

input of advocates for facility residents, representatives of

associations representing facilities, and representatives of

associations representing employees of facilities.

(210 ILCS 47/3-810 new)

Sec. 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

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.

(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 90-115. 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 MR/DD Community Care Act, the

Specialized Mental Health Rehabilitation Act, 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

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. 96-339, eff. 7-1-10; 96-577, eff. 8-18-09;

96-1000, eff. 7-2-10.)

Section 90-120. 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.

(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.

A building that is licensed under the Hospital Licensing

Act, the Nursing Home Care Act, the Specialized Mental Health

Rehabilitation Act, or the MR/DD Community Care 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,

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.

(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.

This definition does not prohibit the employment of staff.

(Source: P.A. 96-339, eff. 7-1-10.)

(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, or

the MR/DD Community Care 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.

(Source: P.A. 96-339, eff. 7-1-10.)

Section 90-125. The Hospital Licensing Act is amended by

changing Sections 3, 7, and 6.09 and by adding Section 6.09a 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.

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, or the MR/DD Community

Care 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

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

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. 96-219, eff. 8-10-09; 96-339, eff. 7-1-10;

96-1000, eff. 7-2-10; 96-1515, eff. 2-4-11.)

(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

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 or, 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

Living and Shared Housing Act; (iii) a facility licensed under

the Nursing Home Care Act, the Specialized Mental Health

Rehabilitation Act, or the MR/DD Community Care 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 MR/DD Community Care Act or the

Specialized Mental Health Rehabilitation Act, 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.

(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

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. 95-80, eff. 8-13-07; 95-651, eff. 10-11-07;

95-876, eff. 8-21-08; 96-339, eff. 7-1-10; 96-1372, eff.

7-29-10.)

(210 ILCS 85/6.09a new)

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 MR/DD Community Care 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.

(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,

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 MR/DD Community Care 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

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

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

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.)

Section 90-130. 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.

"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 MR/DD Community Care Act or the Specialized Mental Health

Rehabilitation Act.

(Source: P.A. 96-339, eff. 7-1-10.)

Section 90-135. 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

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, or the MR/DD Community Care

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.

(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

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.

(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. 96-339, eff. 7-1-10.)

Section 90-140. 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,

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, or the MR/DD

Community Care 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. 96-339, eff. 7-1-10.)

Section 90-145. 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:

"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.

"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;

(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

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

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, or the MR/DD Community Care 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. 95-120, eff. 8-13-07; 95-331, eff. 8-21-07;

96-339, eff. 7-1-10.)

Section 90-150. 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

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

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 MR/DD

Community Care Act or the Specialized Mental Health

Rehabilitation Act.

(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 mental

retardation 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

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. 95-639, eff. 10-5-07; 95-703, eff. 12-31-07;

96-328, eff. 8-11-09; 96-339, eff. 7-1-10.)

(225 ILCS 70/17) (from Ch. 111, par. 3667)

(Text of Section before amendment by P.A. 96-1551)

(Section scheduled to be repealed on January 1, 2018)

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

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,

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 of the

Criminal Code of 1961 for the abuse and gross neglect of a

long term care facility resident.

(18) Violation of the Nursing Home Care Act or the

MR/DD Community Care Act or of any rule issued under the

Nursing Home Care Act or the MR/DD Community Care Act. A

final adjudication of a Type "AA" violation of the Nursing

Home Care Act or MR/DD Community 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

claim related to acts or conduct similar to acts or conduct

that would constitute grounds for disciplinary action

under this Section.

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;

(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

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

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

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

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. 95-703, eff. 12-31-07; 96-339, eff. 7-1-10;

96-1372, eff. 7-29-10.)

(Text of Section after amendment by P.A. 96-1551)

(Section scheduled to be repealed on January 1, 2018)

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

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,

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 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, or the MR/DD

Community Care Act or of any rule issued under the Nursing

Home Care Act, the Specialized Mental Health

Rehabilitation Act, or the MR/DD Community Care 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

claim related to acts or conduct similar to acts or conduct

that would constitute grounds for disciplinary action

under this Section.

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;

(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

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

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

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

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. 95-703, eff. 12-31-07; 96-339, eff. 7-1-10;

96-1372, eff. 7-29-10; 96-1551, eff. 7-1-11.)

Section 90-155. 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

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, podiatrists, 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

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

and therapeutics committee policies and procedures; (5) drug

regimen review; (6) drug or drug-related research; (7) the

provision of patient counseling; (8) the practice of

telepharmacy; (9) the provision of those acts or services

necessary to provide pharmacist care; (10) medication therapy

management; and (11) 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

medical devices, issued by a physician licensed to practice

medicine in all its branches, dentist, veterinarian, or

podiatrist, 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

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 MR/DD Community

Care Act, the Specialized Mental Health Rehabilitation Act, 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

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

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"

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

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

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

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

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. 95-689, eff. 10-29-07; 96-339, eff. 7-1-10;

96-673, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1353, eff.

7-28-10.)

Section 90-160. The Nurse Agency Licensing Act is amended

by changing Section 3 as follows:

(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, Section

3-206 of the Specialized Mental Health Rehabilitation Act, or

Section 3-206 of the MR/DD Community Care 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

services only in that facility.

(Source: P.A. 95-639, eff. 10-5-07; 96-339, eff. 7-1-10.)

Section 90-165. The Illinois Public Aid Code is amended by

changing Sections 5-5.4, 5-5.7, 5-6, 5-5.12, 5B-1, 5E-5, and

8A-11 as follows:

(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)

Sec. 5-5.4. Standards of Payment - Department of Healthcare

and Family Services. The Department of Healthcare and Family

Services shall develop standards of payment of nursing facility

and ICF/DD services in facilities providing such services under

this Article which:

(1) Provide for the determination of a facility's payment

for nursing facility or ICF/DD services on a prospective basis.

The amount of the payment rate for all nursing facilities

certified by the Department of Public Health under the MR/DD

Community Care Act or the Nursing Home Care Act as Intermediate

Care for the Developmentally Disabled facilities, Long Term

Care for Under Age 22 facilities, Skilled Nursing facilities,

or Intermediate Care facilities under the medical assistance

program shall be prospectively established annually on the

basis of historical, financial, and statistical data

reflecting actual costs from prior years, which shall be

applied to the current rate year and updated for inflation,

except that the capital cost element for newly constructed

facilities shall be based upon projected budgets. The annually

established payment rate shall take effect on July 1 in 1984

and subsequent years. No rate increase and no update for

inflation shall be provided on or after July 1, 1994 and before

July 1, 2012, unless specifically provided for in this Section.

The changes made by Public Act 93-841 extending the duration of

the prohibition against a rate increase or update for inflation

are effective retroactive to July 1, 2004.

For facilities licensed by the Department of Public Health

under the Nursing Home Care Act as Intermediate Care for the

Developmentally Disabled facilities or Long Term Care for Under

Age 22 facilities, the rates taking effect on July 1, 1998

shall include an increase of 3%. For facilities licensed by the

Department of Public Health under the Nursing Home Care Act as

Skilled Nursing facilities or Intermediate Care facilities,

the rates taking effect on July 1, 1998 shall include an

increase of 3% plus $1.10 per resident-day, as defined by the

Department. For facilities licensed by the Department of Public

Health under the Nursing Home Care Act as Intermediate Care

Facilities for the Developmentally Disabled or Long Term Care

for Under Age 22 facilities, the rates taking effect on January

1, 2006 shall include an increase of 3%. For facilities

licensed by the Department of Public Health under the Nursing

Home Care Act as Intermediate Care Facilities for the

Developmentally Disabled or Long Term Care for Under Age 22

facilities, the rates taking effect on January 1, 2009 shall

include an increase sufficient to provide a $0.50 per hour wage

increase for non-executive staff.

For facilities licensed by the Department of Public Health

under the Nursing Home Care Act as Intermediate Care for the

Developmentally Disabled facilities or Long Term Care for Under

Age 22 facilities, the rates taking effect on July 1, 1999

shall include an increase of 1.6% plus $3.00 per resident-day,

as defined by the Department. For facilities licensed by the

Department of Public Health under the Nursing Home Care Act as

Skilled Nursing facilities or Intermediate Care facilities,

the rates taking effect on July 1, 1999 shall include an

increase of 1.6% and, for services provided on or after October

1, 1999, shall be increased by $4.00 per resident-day, as

defined by the Department.

For facilities licensed by the Department of Public Health

under the Nursing Home Care Act as Intermediate Care for the

Developmentally Disabled facilities or Long Term Care for Under

Age 22 facilities, the rates taking effect on July 1, 2000

shall include an increase of 2.5% per resident-day, as defined

by the Department. For facilities licensed by the Department of

Public Health under the Nursing Home Care Act as Skilled

Nursing facilities or Intermediate Care facilities, the rates

taking effect on July 1, 2000 shall include an increase of 2.5%

per resident-day, as defined by the Department.

For facilities licensed by the Department of Public Health

under the Nursing Home Care Act as skilled nursing facilities

or intermediate care facilities, a new payment methodology must

be implemented for the nursing component of the rate effective

July 1, 2003. The Department of Public Aid (now Healthcare and

Family Services) shall develop the new payment methodology

using the Minimum Data Set (MDS) as the instrument to collect

information concerning nursing home resident condition

necessary to compute the rate. The Department shall develop the

new payment methodology to meet the unique needs of Illinois

nursing home residents while remaining subject to the

appropriations provided by the General Assembly. A transition

period from the payment methodology in effect on June 30, 2003

to the payment methodology in effect on July 1, 2003 shall be

provided for a period not exceeding 3 years and 184 days after

implementation of the new payment methodology as follows:

(A) For a facility that would receive a lower nursing

component rate per patient day under the new system than

the facility received effective on the date immediately

preceding the date that the Department implements the new

payment methodology, the nursing component rate per

patient day for the facility shall be held at the level in

effect on the date immediately preceding the date that the

Department implements the new payment methodology until a

higher nursing component rate of reimbursement is achieved

by that facility.

(B) For a facility that would receive a higher nursing

component rate per patient day under the payment

methodology in effect on July 1, 2003 than the facility

received effective on the date immediately preceding the

date that the Department implements the new payment

methodology, the nursing component rate per patient day for

the facility shall be adjusted.

(C) Notwithstanding paragraphs (A) and (B), the

nursing component rate per patient day for the facility

shall be adjusted subject to appropriations provided by the

General Assembly.

For facilities licensed by the Department of Public Health

under the Nursing Home Care Act as Intermediate Care for the

Developmentally Disabled facilities or Long Term Care for Under

Age 22 facilities, the rates taking effect on March 1, 2001

shall include a statewide increase of 7.85%, as defined by the

Department.

Notwithstanding any other provision of this Section, for

facilities licensed by the Department of Public Health under

the Nursing Home Care Act as skilled nursing facilities or

intermediate care facilities, except facilities participating

in the Department's demonstration program pursuant to the

provisions of Title 77, Part 300, Subpart T of the Illinois

Administrative Code, the numerator of the ratio used by the

Department of Healthcare and Family Services to compute the

rate payable under this Section using the Minimum Data Set

(MDS) methodology shall incorporate the following annual

amounts as the additional funds appropriated to the Department

specifically to pay for rates based on the MDS nursing

component methodology in excess of the funding in effect on

December 31, 2006:

(i) For rates taking effect January 1, 2007,

$60,000,000.

(ii) For rates taking effect January 1, 2008,

$110,000,000.

(iii) For rates taking effect January 1, 2009,

$194,000,000.

(iv) For rates taking effect April 1, 2011, or the

first day of the month that begins at least 45 days after

the effective date of this amendatory Act of the 96th

General Assembly, $416,500,000 or an amount as may be

necessary to complete the transition to the MDS methodology

for the nursing component of the rate.

Notwithstanding any other provision of this Section, for

facilities licensed by the Department of Public Health under

the Nursing Home Care Act as skilled nursing facilities or

intermediate care facilities, the support component of the

rates taking effect on January 1, 2008 shall be computed using

the most recent cost reports on file with the Department of

Healthcare and Family Services no later than April 1, 2005,

updated for inflation to January 1, 2006.

For facilities licensed by the Department of Public Health

under the Nursing Home Care Act as Intermediate Care for the

Developmentally Disabled facilities or Long Term Care for Under

Age 22 facilities, the rates taking effect on April 1, 2002

shall include a statewide increase of 2.0%, as defined by the

Department. This increase terminates on July 1, 2002; beginning

July 1, 2002 these rates are reduced to the level of the rates

in effect on March 31, 2002, as defined by the Department.

For facilities licensed by the Department of Public Health

under the Nursing Home Care Act as skilled nursing facilities

or intermediate care facilities, the rates taking effect on

July 1, 2001 shall be computed using the most recent cost

reports on file with the Department of Public Aid no later than

April 1, 2000, updated for inflation to January 1, 2001. For

rates effective July 1, 2001 only, rates shall be the greater

of the rate computed for July 1, 2001 or the rate effective on

June 30, 2001.

Notwithstanding any other provision of this Section, for

facilities licensed by the Department of Public Health under

the Nursing Home Care Act as skilled nursing facilities or

intermediate care facilities, the Illinois Department shall

determine by rule the rates taking effect on July 1, 2002,

which shall be 5.9% less than the rates in effect on June 30,

2002.

Notwithstanding any other provision of this Section, for

facilities licensed by the Department of Public Health under

the Nursing Home Care Act as skilled nursing facilities or

intermediate care facilities, if the payment methodologies

required under Section 5A-12 and the waiver granted under 42

CFR 433.68 are approved by the United States Centers for

Medicare and Medicaid Services, the rates taking effect on July

1, 2004 shall be 3.0% greater than the rates in effect on June

30, 2004. These rates shall take effect only upon approval and

implementation of the payment methodologies required under

Section 5A-12.

Notwithstanding any other provisions of this Section, for

facilities licensed by the Department of Public Health under

the Nursing Home Care Act as skilled nursing facilities or

intermediate care facilities, the rates taking effect on

January 1, 2005 shall be 3% more than the rates in effect on

December 31, 2004.

Notwithstanding any other provision of this Section, for

facilities licensed by the Department of Public Health under

the Nursing Home Care Act as skilled nursing facilities or

intermediate care facilities, effective January 1, 2009, the

per diem support component of the rates effective on January 1,

2008, computed using the most recent cost reports on file with

the Department of Healthcare and Family Services no later than

April 1, 2005, updated for inflation to January 1, 2006, shall

be increased to the amount that would have been derived using

standard Department of Healthcare and Family Services methods,

procedures, and inflators.

Notwithstanding any other provisions of this Section, for

facilities licensed by the Department of Public Health under

the Nursing Home Care Act as intermediate care facilities that

are federally defined as Institutions for Mental Disease, or

facilities licensed by the Department of Public Health under

the Specialized Mental Health Rehabilitation Facilities Act, a

socio-development component rate equal to 6.6% of the

facility's nursing component rate as of January 1, 2006 shall

be established and paid effective July 1, 2006. The

socio-development component of the rate shall be increased by a

factor of 2.53 on the first day of the month that begins at

least 45 days after January 11, 2008 (the effective date of

Public Act 95-707). As of August 1, 2008, the socio-development

component rate shall be equal to 6.6% of the facility's nursing

component rate as of January 1, 2006, multiplied by a factor of

3.53. For services provided on or after April 1, 2011, or the

first day of the month that begins at least 45 days after the

effective date of this amendatory Act of the 96th General

Assembly, whichever is later, the Illinois Department may by

rule adjust these socio-development component rates, and may

use different adjustment methodologies for those facilities

participating, and those not participating, in the Illinois

Department's demonstration program pursuant to the provisions

of Title 77, Part 300, Subpart T of the Illinois Administrative

Code, but in no case may such rates be diminished below those

in effect on August 1, 2008.

For facilities licensed by the Department of Public Health

under the Nursing Home Care Act as Intermediate Care for the

Developmentally Disabled facilities or as long-term care

facilities for residents under 22 years of age, the rates

taking effect on July 1, 2003 shall include a statewide

increase of 4%, as defined by the Department.

For facilities licensed by the Department of Public Health

under the Nursing Home Care Act as Intermediate Care for the

Developmentally Disabled facilities or Long Term Care for Under

Age 22 facilities, the rates taking effect on the first day of

the month that begins at least 45 days after the effective date

of this amendatory Act of the 95th General Assembly shall

include a statewide increase of 2.5%, as defined by the

Department.

Notwithstanding any other provision of this Section, for

facilities licensed by the Department of Public Health under

the Nursing Home Care Act as skilled nursing facilities or

intermediate care facilities, effective January 1, 2005,

facility rates shall be increased by the difference between (i)

a facility's per diem property, liability, and malpractice

insurance costs as reported in the cost report filed with the

Department of Public Aid and used to establish rates effective

July 1, 2001 and (ii) those same costs as reported in the

facility's 2002 cost report. These costs shall be passed

through to the facility without caps or limitations, except for

adjustments required under normal auditing procedures.

Rates established effective each July 1 shall govern

payment for services rendered throughout that fiscal year,

except that rates established on July 1, 1996 shall be

increased by 6.8% for services provided on or after January 1,

1997. Such rates will be based upon the rates calculated for

the year beginning July 1, 1990, and for subsequent years

thereafter until June 30, 2001 shall be based on the facility

cost reports for the facility fiscal year ending at any point

in time during the previous calendar year, updated to the

midpoint of the rate year. The cost report shall be on file

with the Department no later than April 1 of the current rate

year. Should the cost report not be on file by April 1, the

Department shall base the rate on the latest cost report filed

by each skilled care facility and intermediate care facility,

updated to the midpoint of the current rate year. In

determining rates for services rendered on and after July 1,

1985, fixed time shall not be computed at less than zero. The

Department shall not make any alterations of regulations which

would reduce any component of the Medicaid rate to a level

below what that component would have been utilizing in the rate

effective on July 1, 1984.

(2) Shall take into account the actual costs incurred by

facilities in providing services for recipients of skilled

nursing and intermediate care services under the medical

assistance program.

(3) Shall take into account the medical and psycho-social

characteristics and needs of the patients.

(4) Shall take into account the actual costs incurred by

facilities in meeting licensing and certification standards

imposed and prescribed by the State of Illinois, any of its

political subdivisions or municipalities and by the U.S.

Department of Health and Human Services pursuant to Title XIX

of the Social Security Act.

The Department of Healthcare and Family Services shall

develop precise standards for payments to reimburse nursing

facilities for any utilization of appropriate rehabilitative

personnel for the provision of rehabilitative services which is

authorized by federal regulations, including reimbursement for

services provided by qualified therapists or qualified

assistants, and which is in accordance with accepted

professional practices. Reimbursement also may be made for

utilization of other supportive personnel under appropriate

supervision.

The Department shall develop enhanced payments to offset

the additional costs incurred by a facility serving exceptional

need residents and shall allocate at least $8,000,000 of the

funds collected from the assessment established by Section 5B-2

of this Code for such payments. For the purpose of this

Section, "exceptional needs" means, but need not be limited to,

ventilator care, tracheotomy care, bariatric care, complex

wound care, and traumatic brain injury care.

(5) Beginning July 1, 2012 the methodologies for

reimbursement of nursing facility services as provided under

this Section 5-5.4 shall no longer be applicable for bills

payable for State fiscal years 2012 and thereafter.

(Source: P.A. 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 95-707,

eff. 1-11-08; 95-744, eff. 7-18-08; 96-45, eff. 7-15-09;

96-339, eff. 7-1-10; 96-959, eff. 7-1-10; 96-1000, eff. 7-2-10;

96-1530, eff. 2-16-11.)

(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

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, and the MR/DD

Community Care 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 Nursing homes licensed under the Nursing Home

Care, the Specialized Mental Health Rehabilitation Act, Act or

the MR/DD Community Care 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

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 of

service needed within the nursing facility or ICF/DD 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. 95-331, eff. 8-21-07; 96-339, eff. 7-1-10;

96-1530, eff. 2-16-11.)

(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

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 not impose requirements for prior

approval based on a preferred drug list for anti-retroviral,

anti-hemophilic factor concentrates, or any atypical

antipsychotics, conventional antipsychotics, or

anticonvulsants used for the treatment of serious mental

illnesses until 30 days after it has conducted a study of the

impact of such requirements on patient care and submitted a

report to the Speaker of the House of Representatives and the

President of the Senate. 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

other psychotropic medications to a nursing home resident or to

a resident of a facility licensed under the MR/DD Community

Care 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 MR/DD Community Care 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, non-narcotic

maintenance medication in circumstances where it is cost

effective.

(Source: P.A. 96-1269, eff. 7-26-10; 96-1372, eff. 7-29-10;

96-1501, eff. 1-25-11.)

(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 group care facilities as

defined in the Nursing Home Care Act, the Specialized Mental

Health Rehabilitation Act, or the MR/DD Community Care 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. 96-339, eff. 7-1-10.)

(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 MR/DD Community Care 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, a facility participating

in the Illinois Department's demonstration program pursuant to

the provisions of Title 77, Part 300, Subpart T of the Illinois

Administrative Code, 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,

"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.

(Source: P.A. 96-339, eff. 7-1-10; 96-1530, eff. 2-16-11.)

(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

Nursing Home Care Act or the MR/DD Community Care 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 mentally retarded 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

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.)

(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

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 MR/DD Community Care Act or

Section 1-113 of the Specialized Mental Health

Rehabilitation Act; 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

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. 96-339, eff. 7-1-10.)

Section 90-170. The Elder Abuse and Neglect 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

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-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.

(b) "Department" means the Department on Aging of the State

of Illinois.

(c) "Director" means the Director of the Department.

(d) "Domestic living situation" means a residence where the

eligible adult lives alone or with his or her family or a

caregiver, or others, or a board and care home or other

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 MR/DD Community

Care Act;

(1.7) A facility licensed under the Specialized Mental

Health Rehabilitation Act;

(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;

(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 a person 60 years of age 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-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,

the Clinical Social Work and Social Work Practice Act, the

Illinois Dental Practice Act, the Dietetic and Nutrition

Services 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 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;

(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

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

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 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.

(i) "Regional administrative agency" means any public or

nonprofit agency in a planning and service area so designated

by the Department, provided that the designated Area Agency on

Aging shall be designated the regional administrative agency if

it so requests. The Department shall assume the functions of

the regional administrative agency for any planning and service

area where another agency is not so designated.

(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.

(Source: P.A. 95-639, eff. 10-5-07; 95-689, eff. 10-29-07;

95-876, eff. 8-21-08; 96-339, eff. 7-1-10; 96-526, eff. 1-1-10;

96-572, eff. 1-1-10; 96-1000, eff. 7-2-10.)

Section 90-175. 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

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

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, or the MR/DD Community Care 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

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. 95-172, eff. 8-14-07; 96-339, eff. 7-1-10.)

Section 90-180. 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

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

facilities as defined in Section 1-113 of the Specialized

Mental Health Rehabilitation Act, all facilities as defined in

Section 1-113 of the MR/DD Community Care 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

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.

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, 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. 96-339, eff. 7-1-10.)

Section 90-285. 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.

(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, severe or profound mental

retardation, 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, the MR/DD Community Care 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,

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

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 mental retardation" 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

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 severe or profound mental retardation

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) Mental retardation, 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

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 mental

retardation and which requires services similar to

those required by mentally retarded 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

(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

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,

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

24-hour-a-day care by a trained mental health or developmental

disability professional on an ongoing basis.

(Source: P.A. 96-339, eff. 7-1-10.)

(405 ILCS 80/5-1) (from Ch. 91 1/2, par. 1805-1)

Sec. 5-1. As the mental health and developmental

disabilities or mental retardation 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, or the MR/DD

Community Care Act, as now or hereafter amended, and this Act

shall not be construed to limit the application of those Acts.

(Source: P.A. 96-339, eff. 7-1-10.)

Section 90-190. 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 MR/DD Community Care Act or

the Specialized Mental Health Rehabilitation Act, as

amended;

(2) Any community residential alternative as defined

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. 96-339, eff. 7-1-10.)

Section 90-195. The Criminal Code of 1961 is amended by

changing Sections 12-19, 12-21, and 26-1 as follows:

(720 ILCS 5/12-19) (from Ch. 38, par. 12-19)

(Section scheduled to be repealed on July 1, 2011)

Sec. 12-19. Abuse and Criminal Neglect of a Long Term Care

Facility Resident.

(a) Any person or any owner or licensee of a long term care

facility who abuses a long term care facility resident is

guilty of a Class 3 felony. Any person or any owner or licensee

of a long term care facility who criminally neglects a long

term care facility resident is guilty of a Class 4 felony. A

person whose criminal neglect of a long term care facility

resident results in the resident's death is guilty of a Class 3

felony. However, nothing herein shall be deemed to apply 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.

(b) Notwithstanding the penalties in subsections (a) and

(c) and in addition thereto, if a licensee or owner of a long

term care facility or his or her employee has caused neglect of

a resident, the licensee or owner is guilty of a petty offense.

An owner or licensee is guilty under this subsection (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.

(c) Notwithstanding the penalties in subsections (a) and

(b) and in addition thereto, if a licensee or owner of a long

term care facility or his or her employee has caused gross

neglect of a resident, the licensee or owner is guilty of a

business offense for which a fine of not more than $10,000 may

be imposed. An owner or licensee is guilty under this

subsection (c) 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.

(d) For the purpose of this Section:

(1) "Abuse" means intentionally or knowingly causing

any physical or mental injury or committing any sexual

offense set forth in this Code.

(2) "Criminal neglect" means an act whereby a person

recklessly (i) performs acts that cause an elderly person's

or person with a disability'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 (ii)

fails to perform acts that he or she knows or reasonably

should know are necessary to maintain or preserve the life

or health of an elderly person or person with a disability,

and that failure causes the elderly person's or person with

a disability'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 (iii)

abandons an elderly person or person with a disability.

(3) "Neglect" means negligently failing to provide

adequate medical or personal care or maintenance, which

failure results in physical or mental injury or the

deterioration of a physical or mental condition.

(4) "Resident" means a person residing in a long term

care facility.

(5) "Owner" means the person who owns a long term care

facility as provided under the Nursing Home Care Act, a

facility as provided under the Specialized Mental Health

Rehabilitation Act, a facility as provided under the MR/DD

Community Care Act, or an assisted living or shared housing

establishment under the Assisted Living and Shared Housing

Act.

(6) "Licensee" means the individual or entity licensed

to operate a facility under the Nursing Home Care Act, the

Specialized Mental Health Rehabilitation Act, the MR/DD

Community Care Act, or the Assisted Living and Shared

Housing Act.

(7) "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 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 Title XVIII and Title XIX of the

federal Social Security Act and assisted living

establishments and shared housing establishments licensed

under the Assisted Living and Shared Housing Act.

(e) Nothing contained in this Section shall be deemed to

apply to the medical supervision, regulation or control of the

remedial care or treatment of residents in a 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 and which is licensed in

accordance with Section 3-803 of the Nursing Home Care Act,

Section 3-803 of the Specialized Mental Health Rehabilitation

Act, or Section 3-803 of the MR/DD Community Care Act.

(Source: P.A. 96-339, eff. 7-1-10; 96-1373, eff. 7-29-10.

Repealed by P.A. 96-1551, eff. 7-1-11.)

(720 ILCS 5/12-21) (from Ch. 38, par. 12-21)

Sec. 12-21. Criminal abuse or neglect of an elderly person

or person with a disability.

(a) A person commits the offense of criminal abuse or

neglect of an elderly person or person with a disability when

he or she is a caregiver and he or she knowingly:

(1) performs acts that cause the elderly person or

person with a disability's life to be endangered, health to

be injured, or pre-existing physical or mental condition to

deteriorate; or

(2) 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 elderly person or person

with a disability and such failure causes the elderly

person or person with a disability's life to be endangered,

health to be injured or pre-existing physical or mental

condition to deteriorate; or

(3) abandons the elderly person or person with a

disability; or

(4) physically abuses, harasses, intimidates, or

interferes with the personal liberty of the elderly person

or person with a disability or exposes the elderly person

or person with a disability to willful deprivation.

Criminal abuse or neglect of an elderly person or person

with a disability is a Class 3 felony. Criminal neglect of an

elderly person or person with a disability is a Class 2 felony

if the criminal neglect results in the death of the person

neglected for which the defendant, if sentenced to a term of

imprisonment, shall be sentenced to a term of not less than 3

years and not more than 14 years.

(b) For purposes of this Section:

(1) "Elderly person" means a person 60 years of age or

older who is incapable of adequately providing for his own

health and personal care.

(2) "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 such person incapable

of adequately providing for his own health and personal

care.

(3) "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 such person's place of

residence, including but not limited to, food and

nutrition, shelter, hygiene, prescribed medication and

medical care and treatment.

"Caregiver" shall include:

(A) 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 own

health and personal care;

(B) 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;

(C) 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; and

(D) 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" shall not include a long-term care

facility licensed or certified under the Nursing Home Care

Act or a facility licensed or certified under the MR/DD

Community Care Act or the Specialized Mental Health

Rehabilitation Act, 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

profession.

(4) "Abandon" means to desert or knowingly forsake an

elderly person or person with a disability under

circumstances in which a reasonable person would continue

to provide care and custody.

(5) "Willful deprivation" has the meaning ascribed to

it in paragraph (15) of Section 103 of the Illinois

Domestic Violence Act of 1986.

(c) Nothing in this Section shall be construed to limit the

remedies available to the victim under the Illinois Domestic

Violence Act.

(d) Nothing in this Section shall be construed to impose

criminal liability on a person who has 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

own has been unable to provide such care.

(e) Nothing in this Section shall be construed as

prohibiting a person from providing treatment 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 or religious denomination of

which the elderly person or person with a disability is a

member.

(f) It is not a defense to criminal abuse or neglect of an

elderly person or person with a disability that the accused

reasonably believed that the victim was not an elderly person

or person with a disability.

(Source: P.A. 96-339, eff. 7-1-10.)

(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)

Sec. 26-1. Elements of the Offense.

(a) A person commits disorderly conduct when he knowingly:

(1) Does any act in such unreasonable manner as to

alarm or disturb another and to provoke a breach of the

peace; or

(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 such transmission that there is no reasonable

ground for believing that such fire exists; or

(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 such place that its

explosion or release would endanger human life, knowing at

the time of such transmission that there is no reasonable

ground for believing that such bomb, explosive or a

container holding poison gas, a deadly biological or

chemical contaminant, or radioactive substance is

concealed in such place; or

(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 such transmission that there is no reasonable ground for

believing that such an offense will be committed, is being

committed, or has been committed; or

(5) 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

(6) While acting as a collection agency as defined in

the "Collection Agency Act" or as an employee of such

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; or

(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"; or

(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

Rehabilitation Act, or the MR/DD Community Care Act; or

(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 such

assistance is required; or

(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; or

(11) Transmits or causes to be transmitted a false

report to any public safety agency without the reasonable

grounds necessary to believe that transmitting such a

report is necessary for the safety and welfare of the

public; or

(12) 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; or

(13) 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,

whether or not school is in session.

(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

violation of subsection (a)(8) or (a)(10) of this Section is a

Class B misdemeanor. A violation of subsection (a)(2), (a)(4),

(a)(7), (a)(9), (a)(12), or (a)(13) 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)(6) 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)(11) of this Section is a Class 4 felony. A third or

subsequent violation of subsection (a)(5) 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

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. 96-339, eff. 7-1-10; 96-413, eff. 8-13-09;

96-772, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1261, eff.

1-1-11.)

Section 90-200. The Unified Code of Corrections is amended

by changing Section 5-5-3.2 as follows:

(730 ILCS 5/5-5-3.2)

(Text of Section before amendment by P.A. 96-1551)

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;

(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

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 12-12 of the Criminal Code of 1961,

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

11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,

12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961

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, 11-15.1, 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, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or

33A-2 of the Criminal Code of 1961;

(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, 11-15.1, 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, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or

33A-2 of the Criminal Code of 1961;

(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

1961;

(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

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, or the MR/DD

Community Care 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 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

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 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; or

(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 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 and specifically

including paragraph (1), (2), (3), (4), (5), or (7) of

subsection (a) of 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; or

(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.

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

(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

(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 24.6-5 of the

Criminal Code of 1961; 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

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.

(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

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 12-14.1 of the Criminal Code

of 1961 (720 ILCS 5/12-14.1).

(5) When a defendant is convicted of a felony violation

of Section 24-1 of the Criminal Code of 1961 (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

weapons under Section 24-1 of the Criminal Code of 1961

(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 (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.

(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 12-13, 12-14,

12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 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. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,

eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;

95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;

96-328, eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff.

7-2-10; 96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390,

eff. 1-1-11; revised 9-16-10.)

(Text of Section after amendment by P.A. 96-1551)

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;

(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

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 1961,

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 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

(a)(4) or (g)(1), of the Criminal Code of 1961;

(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;

(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

1961;

(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

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, or the MR/DD

Community Care 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 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

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 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 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 and specifically

including paragraph (1), (2), (3), (4), (5), or (7) of

subsection (a) of 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; or

(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.

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

(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

(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 24.6-5 of the

Criminal Code of 1961; 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

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.

(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

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 (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 (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

weapons under Section 24-1 of the Criminal Code of 1961

(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 (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.

(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 12-13, 12-14,

12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 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. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,

eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;

95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;

96-328, eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff.

7-2-10; 96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390,

eff. 1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11;

96-1551, Article 2, Section 1065, eff. 7-1-11; revised

4-18-11.)

Section 90-205. 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 MR/DD Community Care Act, the Nursing Home Care Act, the

Specialized Mental Health Rehabilitation Act, 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.)

Section 90-210. 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

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, or the MR/DD Community Care

Act shall obstruct an officer or other person making service in

compliance with this Section.

(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

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. 95-858, eff. 8-18-08; 96-339, eff. 7-1-10.)

Section 90-215. 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, or MR/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 MR/DD

Community Care Act or Section 2-214 of the Specialized Mental

Health Rehabilitation Act commits an unlawful practice within

the meaning of this Act.

(Source: P.A. 95-823, eff. 1-1-09; 96-328, eff. 8-11-09;

96-339, eff. 7-1-10.)

ARTICLE 95. NONACCELERATION

Section 95-95. 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.

ARTICLE 99. EFFECTIVE DATE

Section 99-99. Effective date. This Act takes effect upon

becoming law.