104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1299
 
Introduced 1/28/2025, by Sen. Kimberly A. Lightford
 
SYNOPSIS AS INTRODUCED:

See Index
 Amends the Assisted Living and Shared Housing Act. Makes changes to assessments for admission to establishments and service plan requirements. Requires an establishment to notify the resident and the resident's representative when there is a significant change in the resident's condition that affects the establishment's ability to meet the resident's needs. Prohibits an establishment from terminating or reducing any service without the consent of the resident or the resident's representative for the purpose of making it more difficult or impossible for the resident to remain in the establishment. Adds new requirements for establishments and the Department of Public Health regarding the involuntary termination of residency. Provides that a resident has the right to not be unlawfully transferred or discharged. Makes other changes. Amends the Nursing Home Care Act. Prohibits a resident from being transferred or discharged in violation of the Act. Provides that a resident has the right not to be unlawfully transferred or discharged. Provides for the assessment of a $2,500 fine for a facility that fails to comply with an order to readmit a resident who wishes to return to the facility and is appropriate for that level of care and services provided. Requires a facility that complies with an order to readmit a resident that has been deemed to have been unlawfully discharged to notify the Department within 10 business days after the resident has been readmitted to the facility. Provides that a facility may involuntarily transfer or discharge a resident because the facility is unable to meet the medical needs of the resident, as documented in the resident's clinical record by the resident's physician. Provides that the Department maintains jurisdiction over the transfer or discharge irrespective of the timing of the notice and discharge. Provides that if the Department determines that a transfer or discharge is not authorized, then the Department shall issue a written decision stating that the transfer or discharge is denied. Makes other changes. Effective immediately.


LRB104 07843 BAB 17889 b


 
 
A BILL FOR
 
SB1299LRB104 07843 BAB 17889 b


1 AN ACT concerning regulation.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Assisted Living and Shared Housing Act is 
5amended by changing Sections 10, 15, 75, 80, 90, and 95 as 
6follows:

7 (210 ILCS 9/10)
8 (Text of Section before amendment by P.A. 103-844)
9 Sec. 10. Definitions. For purposes of this Act:
10 "Activities of daily living" means eating, dressing, 
11bathing, toileting, transferring, or personal hygiene.
12 "Assisted living establishment" or "establishment" means a 
13home, building, residence, or any other place where sleeping 
14accommodations are provided for at least 3 unrelated adults, 
15at least 80% of whom are 55 years of age or older and where the 
16following are provided consistent with the purposes of this 
17Act:
18  (1) services consistent with a social model that is 
19 based on the premise that the resident's unit in assisted 
20 living and shared housing is his or her own home;
21  (2) community-based residential care for persons who 
22 need assistance with activities of daily living, including 
23 personal, supportive, and intermittent health-related 
 
 
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1 services available 24 hours per day, if needed, to meet 
2 the scheduled and unscheduled needs of a resident;
3  (3) mandatory services, whether provided directly by 
4 the establishment or by another entity arranged for by the 
5 establishment, with the consent of the resident or 
6 resident's representative; and
7  (4) a physical environment that is a homelike setting 
8 that includes the following and such other elements as 
9 established by the Department: individual living units 
10 each of which shall accommodate small kitchen appliances 
11 and contain private bathing, washing, and toilet 
12 facilities, or private washing and toilet facilities with 
13 a common bathing room readily accessible to each resident. 
14 Units shall be maintained for single occupancy except in 
15 cases in which 2 residents choose to share a unit. 
16 Sufficient common space shall exist to permit individual 
17 and group activities.
18 "Assisted living establishment" or "establishment" does 
19not mean any of the following:
20  (1) A home, institution, or similar place operated by 
21 the federal government or the State of Illinois.
22  (2) A long term care facility licensed under the 
23 Nursing Home Care Act, a facility licensed under the 
24 Specialized Mental Health Rehabilitation Act of 2013, a 
25 facility licensed under the ID/DD Community Care Act, or a 
26 facility licensed under the MC/DD Act. However, a facility 
 
 
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1 licensed under any of those Acts may convert distinct 
2 parts of the facility to assisted living. If the facility 
3 elects to do so, the facility shall retain the Certificate 
4 of Need for its nursing and sheltered care beds that were 
5 converted.
6  (3) A hospital, sanitarium, or other institution, the 
7 principal activity or business of which is the diagnosis, 
8 care, and treatment of human illness and that is required 
9 to be licensed under the Hospital Licensing Act.
10  (4) A facility for child care as defined in the Child 
11 Care Act of 1969.
12  (5) A community living facility as defined in the 
13 Community Living Facilities Licensing Act.
14  (6) A nursing home or sanitarium operated solely by 
15 and for persons who rely exclusively upon treatment by 
16 spiritual means through prayer in accordance with the 
17 creed or tenants of a well-recognized church or religious 
18 denomination.
19  (7) A facility licensed by the Department of Human 
20 Services as a community-integrated living arrangement as 
21 defined in the Community-Integrated Living Arrangements 
22 Licensure and Certification Act.
23  (8) A supportive residence licensed under the 
24 Supportive Residences Licensing Act.
25  (9) The portion of a life care facility as defined in 
26 the Life Care Facilities Act not licensed as an assisted 
 
 
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1 living establishment under this Act; a life care facility 
2 may apply under this Act to convert sections of the 
3 community to assisted living.
4  (10) A free-standing hospice facility licensed under 
5 the Hospice Program Licensing Act.
6  (11) A shared housing establishment.
7  (12) A supportive living facility as described in 
8 Section 5-5.01a of the Illinois Public Aid Code.
9 "Certified medication aide" means a person who has met the 
10qualifications for certification under Section 79 and assists 
11with medication administration while under the supervision of 
12a registered professional nurse as authorized by Section 50-75 
13of the Nurse Practice Act in an assisted living establishment. 
14 "Department" means the Department of Public Health.
15 "Director" means the Director of Public Health.
16 "Emergency situation" means imminent danger of death or 
17serious physical harm to a resident of an establishment.
18 "License" means any of the following types of licenses 
19issued to an applicant or licensee by the Department:
20  (1) "Probationary license" means a license issued to 
21 an applicant or licensee that has not held a license under 
22 this Act prior to its application or pursuant to a license 
23 transfer in accordance with Section 50 of this Act.
24  (2) "Regular license" means a license issued by the 
25 Department to an applicant or licensee that is in 
26 substantial compliance with this Act and any rules 
 
 
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1 promulgated under this Act.
2 "Licensee" means a person, agency, association, 
3corporation, partnership, or organization that has been issued 
4a license to operate an assisted living or shared housing 
5establishment. 
6 "Licensed health care professional" means a registered 
7professional nurse, an advanced practice registered nurse, a 
8physician assistant, and a licensed practical nurse.
9 "Mandatory services" include the following:
10  (1) 3 meals per day available to the residents 
11 prepared by the establishment or an outside contractor;
12  (2) housekeeping services including, but not limited 
13 to, vacuuming, dusting, and cleaning the resident's unit;
14  (3) personal laundry and linen services available to 
15 the residents provided or arranged for by the 
16 establishment;
17  (4) security provided 24 hours each day including, but 
18 not limited to, locked entrances or building or contract 
19 security personnel;
20  (5) an emergency communication response system, which 
21 is a procedure in place 24 hours each day by which a 
22 resident can notify building management, an emergency 
23 response vendor, or others able to respond to his or her 
24 need for assistance; and
25  (6) assistance with activities of daily living as 
26 required by each resident.
 
 
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1 "Negotiated risk" is the process by which a resident, or 
2his or her representative, may formally negotiate with 
3providers what risks each are willing and unwilling to assume 
4in service provision and the resident's living environment. 
5The provider assures that the resident and the resident's 
6representative, if any, are informed of the risks of these 
7decisions and of the potential consequences of assuming these 
8risks.
9 "Owner" means the individual, partnership, corporation, 
10association, or other person who owns an assisted living or 
11shared housing establishment. In the event an assisted living 
12or shared housing establishment is operated by a person who 
13leases or manages the physical plant, which is owned by 
14another person, "owner" means the person who operates the 
15assisted living or shared housing establishment, except that 
16if the person who owns the physical plant is an affiliate of 
17the person who operates the assisted living or shared housing 
18establishment and has significant control over the day to day 
19operations of the assisted living or shared housing 
20establishment, the person who owns the physical plant shall 
21incur jointly and severally with the owner all liabilities 
22imposed on an owner under this Act.
23 "Physician" means a person licensed under the Medical 
24Practice Act of 1987 to practice medicine in all of its 
25branches.
26 "Program" means the Certified Medication Aide Program. 
 
 
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1 "Qualified establishment" means an assisted living and 
2shared housing establishment licensed by the Department of 
3Public Health. 
4 "Resident" means a person residing in an assisted living 
5or shared housing establishment.
6 "Resident's representative" means a person, other than the 
7owner, agent, or employee of an establishment or of the health 
8care provider unless related to the resident, designated in 
9writing by a resident or a court to be his or her 
10representative. This designation may be accomplished through 
11the Illinois Power of Attorney Act, pursuant to the 
12guardianship process under the Probate Act of 1975, or 
13pursuant to an executed designation of representative form 
14specified by the Department.
15 "Self" means the individual or the individual's designated 
16representative.
17 "Shared housing establishment" or "establishment" means a 
18publicly or privately operated free-standing residence for 16 
19or fewer persons, at least 80% of whom are 55 years of age or 
20older and who are unrelated to the owners and one manager of 
21the residence, where the following are provided:
22  (1) services consistent with a social model that is 
23 based on the premise that the resident's unit is his or her 
24 own home;
25  (2) community-based residential care for persons who 
26 need assistance with activities of daily living, including 
 
 
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1 housing and personal, supportive, and intermittent 
2 health-related services available 24 hours per day, if 
3 needed, to meet the scheduled and unscheduled needs of a 
4 resident; and
5  (3) mandatory services, whether provided directly by 
6 the establishment or by another entity arranged for by the 
7 establishment, with the consent of the resident or the 
8 resident's representative.
9 "Shared housing establishment" or "establishment" does not 
10mean any of the following:
11  (1) A home, institution, or similar place operated by 
12 the federal government or the State of Illinois.
13  (2) A long term care facility licensed under the 
14 Nursing Home Care Act, a facility licensed under the 
15 Specialized Mental Health Rehabilitation Act of 2013, a 
16 facility licensed under the ID/DD Community Care Act, or a 
17 facility licensed under the MC/DD Act. A facility licensed 
18 under any of those Acts may, however, convert sections of 
19 the facility to assisted living. If the facility elects to 
20 do so, the facility shall retain the Certificate of Need 
21 for its nursing beds that were converted.
22  (3) A hospital, sanitarium, or other institution, the 
23 principal activity or business of which is the diagnosis, 
24 care, and treatment of human illness and that is required 
25 to be licensed under the Hospital Licensing Act.
26  (4) A facility for child care as defined in the Child 
 
 
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1 Care Act of 1969.
2  (5) A community living facility as defined in the 
3 Community Living Facilities Licensing Act.
4  (6) A nursing home or sanitarium operated solely by 
5 and for persons who rely exclusively upon treatment by 
6 spiritual means through prayer in accordance with the 
7 creed or tenants of a well-recognized church or religious 
8 denomination.
9  (7) A facility licensed by the Department of Human 
10 Services as a community-integrated living arrangement as 
11 defined in the Community-Integrated Living Arrangements 
12 Licensure and Certification Act.
13  (8) A supportive residence licensed under the 
14 Supportive Residences Licensing Act.
15  (9) A life care facility as defined in the Life Care 
16 Facilities Act; a life care facility may apply under this 
17 Act to convert sections of the community to assisted 
18 living.
19  (10) A free-standing hospice facility licensed under 
20 the Hospice Program Licensing Act.
21  (11) An assisted living establishment.
22  (12) A supportive living facility as described in 
23 Section 5-5.01a of the Illinois Public Aid Code.
24 "Total assistance" means that staff or another individual 
25performs the entire activity of daily living without 
26participation by the resident.
 
 
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1(Source: P.A. 103-886, eff. 8-9-24.)

2 (Text of Section after amendment by P.A. 103-844)
3 Sec. 10. Definitions. For purposes of this Act:
4 "Activities of daily living" means eating, dressing, 
5bathing, toileting, transferring, or personal hygiene.
6 "Assisted living establishment" or "establishment" means a 
7home, building, residence, or any other place where sleeping 
8accommodations are provided for at least 3 unrelated adults, 
9at least 80% of whom are 55 years of age or older and where the 
10following are provided consistent with the purposes of this 
11Act:
12  (1) services consistent with a social model that is 
13 based on the premise that the resident's unit in assisted 
14 living and shared housing is his or her own home;
15  (2) community-based residential care for persons who 
16 need assistance with activities of daily living, including 
17 personal, supportive, and intermittent health-related 
18 services available 24 hours per day, if needed, to meet 
19 the scheduled and unscheduled needs of a resident;
20  (3) mandatory services, whether provided directly by 
21 the establishment or by another entity arranged for by the 
22 establishment, with the consent of the resident or 
23 resident's representative; and
24  (4) a physical environment that is a homelike setting 
25 that includes the following and such other elements as 
 
 
SB1299- 11 -LRB104 07843 BAB 17889 b


1 established by the Department: individual living units 
2 each of which shall accommodate small kitchen appliances 
3 and contain private bathing, washing, and toilet 
4 facilities, or private washing and toilet facilities with 
5 a common bathing room readily accessible to each resident. 
6 Units shall be maintained for single occupancy except in 
7 cases in which 2 residents choose to share a unit. 
8 Sufficient common space shall exist to permit individual 
9 and group activities.
10 "Assisted living establishment" or "establishment" does 
11not mean any of the following:
12  (1) A home, institution, or similar place operated by 
13 the federal government or the State of Illinois.
14  (2) A long term care facility licensed under the 
15 Nursing Home Care Act, a facility licensed under the 
16 Specialized Mental Health Rehabilitation Act of 2013, a 
17 facility licensed under the ID/DD Community Care Act, or a 
18 facility licensed under the MC/DD Act. However, a facility 
19 licensed under any of those Acts may convert distinct 
20 parts of the facility to assisted living. If the facility 
21 elects to do so, the facility shall retain the Certificate 
22 of Need for its nursing and sheltered care beds that were 
23 converted.
24  (3) A hospital, sanitarium, or other institution, the 
25 principal activity or business of which is the diagnosis, 
26 care, and treatment of human illness and that is required 
 
 
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1 to be licensed under the Hospital Licensing Act.
2  (4) A facility for child care as defined in the Child 
3 Care Act of 1969.
4  (5) A community living facility as defined in the 
5 Community Living Facilities Licensing Act.
6  (6) A nursing home or sanitarium operated solely by 
7 and for persons who rely exclusively upon treatment by 
8 spiritual means through prayer in accordance with the 
9 creed or tenants of a well-recognized church or religious 
10 denomination.
11  (7) A facility licensed by the Department of Human 
12 Services as a community-integrated living arrangement as 
13 defined in the Community-Integrated Living Arrangements 
14 Licensure and Certification Act.
15  (8) A supportive residence licensed under the 
16 Supportive Residences Licensing Act.
17  (9) The portion of a life care facility as defined in 
18 the Life Care Facilities Act not licensed as an assisted 
19 living establishment under this Act; a life care facility 
20 may apply under this Act to convert sections of the 
21 community to assisted living.
22  (10) A free-standing hospice facility licensed under 
23 the Hospice Program Licensing Act.
24  (11) A shared housing establishment.
25  (12) A supportive living facility as described in 
26 Section 5-5.01a of the Illinois Public Aid Code.
 
 
SB1299- 13 -LRB104 07843 BAB 17889 b


1 "Certified medication aide" means a person who has met the 
2qualifications for certification under Section 79 and assists 
3with medication administration while under the supervision of 
4a registered professional nurse as authorized by Section 50-75 
5of the Nurse Practice Act in an assisted living establishment. 
6 "Department" means the Department of Public Health.
7 "Director" means the Director of Public Health.
8 "Emergency situation" means imminent danger of death or 
9serious physical harm to a resident of an establishment.
10 "Infection control committee" means persons, including an 
11infection preventionist, who develop and implement policies 
12governing control of infections and communicable diseases and 
13are qualified through education, training, experience, or 
14certification or a combination of such qualifications. 
15 "Infection preventionist" means a registered nurse who 
16develops and implements policies governing control of 
17infections and communicable diseases and is qualified through 
18education, training, experience, or certification or a 
19combination of such qualifications. 
20 "License" means any of the following types of licenses 
21issued to an applicant or licensee by the Department:
22  (1) "Probationary license" means a license issued to 
23 an applicant or licensee that has not held a license under 
24 this Act prior to its application or pursuant to a license 
25 transfer in accordance with Section 50 of this Act.
26  (2) "Regular license" means a license issued by the 
 
 
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1 Department to an applicant or licensee that is in 
2 substantial compliance with this Act and any rules 
3 promulgated under this Act.
4 "Licensee" means a person, agency, association, 
5corporation, partnership, or organization that has been issued 
6a license to operate an assisted living or shared housing 
7establishment. 
8 "Licensed health care professional" means a registered 
9professional nurse, an advanced practice registered nurse, a 
10physician assistant, and a licensed practical nurse.
11 "Mandatory services" include the following:
12  (1) 3 meals per day available to the residents 
13 prepared by the establishment or an outside contractor;
14  (2) housekeeping services including, but not limited 
15 to, vacuuming, dusting, and cleaning the resident's unit;
16  (3) personal laundry and linen services available to 
17 the residents provided or arranged for by the 
18 establishment;
19  (4) security provided 24 hours each day including, but 
20 not limited to, locked entrances or building or contract 
21 security personnel;
22  (5) an emergency communication response system, which 
23 is a procedure in place 24 hours each day by which a 
24 resident can notify building management, an emergency 
25 response vendor, or others able to respond to his or her 
26 need for assistance; and
 
 
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1  (6) assistance with activities of daily living as 
2 required by each resident.
3 "Negotiated risk" is the process by which a resident, or 
4his or her representative, may formally negotiate with 
5providers what risks each are willing and unwilling to assume 
6in service provision and the resident's living environment. 
7The provider assures that the resident and the resident's 
8representative, if any, are informed of the risks of these 
9decisions and of the potential consequences of assuming these 
10risks.
11 "Owner" means the individual, partnership, corporation, 
12association, or other person who owns an assisted living or 
13shared housing establishment. In the event an assisted living 
14or shared housing establishment is operated by a person who 
15leases or manages the physical plant, which is owned by 
16another person, "owner" means the person who operates the 
17assisted living or shared housing establishment, except that 
18if the person who owns the physical plant is an affiliate of 
19the person who operates the assisted living or shared housing 
20establishment and has significant control over the day to day 
21operations of the assisted living or shared housing 
22establishment, the person who owns the physical plant shall 
23incur jointly and severally with the owner all liabilities 
24imposed on an owner under this Act.
25 "Physician" means a person licensed under the Medical 
26Practice Act of 1987 to practice medicine in all of its 
 
 
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1branches.
2 "Program" means the Certified Medication Aide Program. 
3 "Qualified establishment" means an assisted living and 
4shared housing establishment licensed by the Department of 
5Public Health. 
6 "Resident" means a person residing in an assisted living 
7or shared housing establishment.
8 "Resident's representative" means a person, other than the 
9owner, agent, or employee of an establishment or of the health 
10care provider unless related to the resident, designated in 
11writing by a resident or a court to be his or her 
12representative. This designation may be accomplished through 
13the Illinois Power of Attorney Act, pursuant to the 
14guardianship process under the Probate Act of 1975, or 
15pursuant to an executed designation of representative form 
16specified by the Department.
17 "Self" means the individual or the individual's designated 
18representative.
19 "Shared housing establishment" or "establishment" means a 
20publicly or privately operated free-standing residence for 16 
21or fewer persons, at least 80% of whom are 55 years of age or 
22older and who are unrelated to the owners and one manager of 
23the residence, where the following are provided:
24  (1) services consistent with a social model that is 
25 based on the premise that the resident's unit is his or her 
26 own home;
 
 
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1  (2) community-based residential care for persons who 
2 need assistance with activities of daily living, including 
3 housing and personal, supportive, and intermittent 
4 health-related services available 24 hours per day, if 
5 needed, to meet the scheduled and unscheduled needs of a 
6 resident; and
7  (3) mandatory services, whether provided directly by 
8 the establishment or by another entity arranged for by the 
9 establishment, with the consent of the resident or the 
10 resident's representative.
11 "Shared housing establishment" or "establishment" does not 
12mean any of the following:
13  (1) A home, institution, or similar place operated by 
14 the federal government or the State of Illinois.
15  (2) A long term care facility licensed under the 
16 Nursing Home Care Act, a facility licensed under the 
17 Specialized Mental Health Rehabilitation Act of 2013, a 
18 facility licensed under the ID/DD Community Care Act, or a 
19 facility licensed under the MC/DD Act. A facility licensed 
20 under any of those Acts may, however, convert sections of 
21 the facility to assisted living. If the facility elects to 
22 do so, the facility shall retain the Certificate of Need 
23 for its nursing beds that were converted.
24  (3) A hospital, sanitarium, or other institution, the 
25 principal activity or business of which is the diagnosis, 
26 care, and treatment of human illness and that is required 
 
 
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1 to be licensed under the Hospital Licensing Act.
2  (4) A facility for child care as defined in the Child 
3 Care Act of 1969.
4  (5) A community living facility as defined in the 
5 Community Living Facilities Licensing Act.
6  (6) A nursing home or sanitarium operated solely by 
7 and for persons who rely exclusively upon treatment by 
8 spiritual means through prayer in accordance with the 
9 creed or tenants of a well-recognized church or religious 
10 denomination.
11  (7) A facility licensed by the Department of Human 
12 Services as a community-integrated living arrangement as 
13 defined in the Community-Integrated Living Arrangements 
14 Licensure and Certification Act.
15  (8) A supportive residence licensed under the 
16 Supportive Residences Licensing Act.
17  (9) A life care facility as defined in the Life Care 
18 Facilities Act; a life care facility may apply under this 
19 Act to convert sections of the community to assisted 
20 living.
21  (10) A free-standing hospice facility licensed under 
22 the Hospice Program Licensing Act.
23  (11) An assisted living establishment.
24  (12) A supportive living facility as described in 
25 Section 5-5.01a of the Illinois Public Aid Code.
26 "Total assistance" means that staff or another individual 
 
 
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1performs the entire activity of daily living without 
2participation by the resident.
3(Source: P.A. 103-844, eff. 7-1-25; 103-886, eff. 8-9-24; 
4revised 10-7-24.)

5 (210 ILCS 9/15)
6 Sec. 15. Assessment and service plan requirements. Prior 
7to admission to any establishment covered by this Act, a 
8comprehensive assessment that includes an evaluation of the 
9prospective resident's physical, cognitive, and psychosocial 
10condition shall be completed. At least annually, a 
11comprehensive assessment shall be completed, and upon 
12identification of a significant change in the resident's 
13condition, including, but not limited to, a diagnosis of 
14Alzheimer's disease or a related dementia, the resident shall 
15be reassessed. The Department may by rule specify 
16circumstances under which more frequent assessments of skin 
17integrity and nutritional status shall be required. The 
18comprehensive assessment shall be completed by a physician. 
19Based on the assessment, the resident's interests and 
20preferences, dislikes, and any known triggers for behavior 
21that endangers the resident or others, a written service plan 
22shall be developed and mutually agreed upon by the provider, 
23and the resident, and the resident's representative, if any. 
24The service plan, which shall be reviewed annually, or more 
25often as the resident's condition, preferences, or service 
 
 
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1needs change, shall serve as a basis for the service delivery 
2contract between the provider and the resident. The resident 
3and the resident's representative, if any, shall, upon 
4request, be given a copy of the most recent assessment; a 
5supplemental assessment, if any, completed by the 
6establishment; and a service plan. Based on the assessment, 
7the service plan may provide for the disconnection or removal 
8of any appliance. 
9(Source: P.A. 91-656, eff. 1-1-01.)

10 (210 ILCS 9/75)
11 (Text of Section before amendment by P.A. 103-844)
12 Sec. 75. Residency requirements. 
13 (a) No individual shall be accepted for residency or 
14remain in residence if the establishment cannot provide or 
15secure appropriate services, if the individual requires a 
16level of service or type of service for which the 
17establishment is not licensed or which the establishment does 
18not provide, or if the establishment does not have the staff 
19appropriate in numbers and with appropriate skill to provide 
20such services.
21 (b) Only adults may be accepted for residency.
22 (c) A person shall not be accepted for residency if:
23  (1) the person poses a serious threat to himself or 
24 herself or to others;
25  (2) the person is not able to communicate his or her 
 
 
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1 needs and no resident representative residing in the 
2 establishment, and with a prior relationship to the 
3 person, has been appointed to direct the provision of 
4 services;
5  (3) the person requires total assistance with 2 or 
6 more activities of daily living;
7  (4) the person requires the assistance of more than 
8 one paid caregiver at any given time with an activity of 
9 daily living;
10  (5) the person requires more than minimal assistance 
11 in moving to a safe area in an emergency;
12  (6) the person has a severe mental illness, which for 
13 the purposes of this Section means a condition that is 
14 characterized by the presence of a major mental disorder 
15 as classified in the Diagnostic and Statistical Manual of 
16 Mental Disorders, Fourth Edition (DSM-IV) (American 
17 Psychiatric Association, 1994), where the individual is a 
18 person with a substantial disability due to mental illness 
19 in the areas of self-maintenance, social functioning, 
20 activities of community living and work skills, and the 
21 disability specified is expected to be present for a 
22 period of not less than one year, but does not mean 
23 Alzheimer's disease and other forms of dementia based on 
24 organic or physical disorders;
25  (7) the person requires intravenous therapy or 
26 intravenous feedings unless self-administered or 
 
 
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1 administered by a qualified, licensed health care 
2 professional;
3  (8) the person requires gastrostomy feedings unless 
4 self-administered or administered by a licensed health 
5 care professional;
6  (9) the person requires insertion, sterile irrigation, 
7 and replacement of catheter, except for routine 
8 maintenance of urinary catheters, unless the catheter care 
9 is self-administered or administered by a licensed health 
10 care professional;
11  (10) the person requires sterile wound care unless 
12 care is self-administered or administered by a licensed 
13 health care professional;
14  (11) (blank);
15  (12) the person is a diabetic requiring routine 
16 insulin injections unless the injections are 
17 self-administered or administered by a licensed health 
18 care professional;
19  (13) the person requires treatment of stage 3 or stage 
20 4 decubitus ulcers or exfoliative dermatitis;
21  (14) the person requires 5 or more skilled nursing 
22 visits per week for conditions other than those listed in 
23 items (13) and (15) of this subsection for a period of 3 
24 consecutive weeks or more except when the course of 
25 treatment is expected to extend beyond a 3-week 3 week 
26 period for rehabilitative purposes and is certified as 
 
 
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1 temporary by a physician; or
2  (15) other reasons prescribed by the Department by 
3 rule.
4 (d) A resident with a condition listed in items (1) 
5through (15) of subsection (c) shall have his or her residency 
6terminated.
7 (e) Residency shall be terminated when services available 
8to the resident in the establishment are no longer adequate to 
9meet the needs of the resident. The establishment shall notify 
10the resident and the resident's representative, if any, when 
11there is a significant change in the resident's condition that 
12affects the establishment's ability to meet the resident's 
13needs. The requirements of subsection (c) of Section 80 shall 
14then apply. This provision shall not be interpreted as 
15limiting the authority of the Department to require the 
16residency termination of individuals.
17 (f) Subsection (d) of this Section shall not apply to 
18terminally ill residents who receive or would qualify for 
19hospice care and such care is coordinated by a hospice program 
20licensed under the Hospice Program Licensing Act or other 
21licensed health care professional employed by a licensed home 
22health agency and the establishment and all parties agree to 
23the continued residency.
24 (g) Items (3), (4), (5), and (9) of subsection (c) shall 
25not apply to a quadriplegic, paraplegic, or individual with 
26neuro-muscular diseases, such as muscular dystrophy and 
 
 
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1multiple sclerosis, or other chronic diseases and conditions 
2as defined by rule if the individual is able to communicate his 
3or her needs and does not require assistance with complex 
4medical problems, and the establishment is able to accommodate 
5the individual's needs. The Department shall prescribe rules 
6pursuant to this Section that address special safety and 
7service needs of these individuals.
8 (h) For the purposes of items (7) through (10) of 
9subsection (c), a licensed health care professional may not be 
10employed by the owner or operator of the establishment, its 
11parent entity, or any other entity with ownership common to 
12either the owner or operator of the establishment or parent 
13entity, including but not limited to an affiliate of the owner 
14or operator of the establishment. Nothing in this Section is 
15meant to limit a resident's right to choose his or her health 
16care provider.
17 (i) Subsection (h) is not applicable to residents admitted 
18to an assisted living establishment under a life care contract 
19as defined in the Life Care Facilities Act if the life care 
20facility has both an assisted living establishment and a 
21skilled nursing facility. A licensed health care professional 
22providing health-related or supportive services at a life care 
23assisted living or shared housing establishment must be 
24employed by an entity licensed by the Department under the 
25Nursing Home Care Act or the Home Health, Home Services, and 
26Home Nursing Agency Licensing Act. 
 
 
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1(Source: P.A. 103-444, eff. 1-1-24.)

2 (Text of Section after amendment by P.A. 103-844)
3 Sec. 75. Residency requirements. 
4 (a) No individual shall be accepted for residency or 
5remain in residence if the establishment cannot provide or 
6secure appropriate services, if the individual requires a 
7level of service or type of service for which the 
8establishment is not licensed or which the establishment does 
9not provide, or if the establishment does not have the staff 
10appropriate in numbers and with appropriate skill to provide 
11such services.
12 (b) Only adults may be accepted for residency.
13 (c) A person shall not be accepted for residency if:
14  (1) the person poses a serious threat to himself or 
15 herself or to others;
16  (2) the person is not able to communicate his or her 
17 needs and no resident representative residing in the 
18 establishment, and with a prior relationship to the 
19 person, has been appointed to direct the provision of 
20 services;
21  (3) the person requires total assistance with 2 or 
22 more activities of daily living;
23  (4) the person requires the assistance of more than 
24 one paid caregiver at any given time with an activity of 
25 daily living;
 
 
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1  (5) the person requires more than minimal assistance 
2 in moving to a safe area in an emergency;
3  (6) the person has a severe mental illness, which for 
4 the purposes of this Section means a condition that is 
5 characterized by the presence of a major mental disorder 
6 as classified in the Diagnostic and Statistical Manual of 
7 Mental Disorders, Fourth Edition (DSM-IV) (American 
8 Psychiatric Association, 1994), where the individual is a 
9 person with a substantial disability due to mental illness 
10 in the areas of self-maintenance, social functioning, 
11 activities of community living and work skills, and the 
12 disability specified is expected to be present for a 
13 period of not less than one year, but does not mean 
14 Alzheimer's disease and other forms of dementia based on 
15 organic or physical disorders;
16  (7) the person requires intravenous therapy or 
17 intravenous feedings unless self-administered or 
18 administered by a qualified, licensed health care 
19 professional;
20  (8) the person requires gastrostomy feedings unless 
21 self-administered or administered by a licensed health 
22 care professional;
23  (9) the person requires insertion, sterile irrigation, 
24 and replacement of catheter, except for routine 
25 maintenance of urinary catheters, unless the catheter care 
26 is self-administered or administered by a licensed health 
 
 
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1 care professional or a nurse in compliance with education, 
2 certification, and training in catheter care or infection 
3 control by the Centers for Disease Control and Prevention 
4 with oversight from an infection preventionist or 
5 infection control committee;
6  (10) the person requires sterile wound care unless 
7 care is self-administered or administered by a licensed 
8 health care professional;
9  (11) (blank);
10  (12) the person is a diabetic requiring routine 
11 insulin injections unless the injections are 
12 self-administered or administered by a licensed health 
13 care professional;
14  (13) the person requires treatment of stage 3 or stage 
15 4 decubitus ulcers or exfoliative dermatitis;
16  (14) the person requires 5 or more skilled nursing 
17 visits per week for conditions other than those listed in 
18 items (13) and (15) of this subsection for a period of 3 
19 consecutive weeks or more except when the course of 
20 treatment is expected to extend beyond a 3-week 3 week 
21 period for rehabilitative purposes and is certified as 
22 temporary by a physician; or
23  (15) other reasons prescribed by the Department by 
24 rule.
25 (d) A resident with a condition listed in items (1) 
26through (15) of subsection (c) shall have his or her residency 
 
 
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1terminated.
2 (e) Residency shall be terminated when services available 
3to the resident in the establishment are no longer adequate to 
4meet the needs of the resident. The establishment shall notify 
5the resident and the resident's representative, if any, when 
6there is a significant change in the resident's condition that 
7affects the establishment's ability to meet the resident's 
8needs. The requirements of subsection (c) of Section 80 shall 
9then apply. This provision shall not be interpreted as 
10limiting the authority of the Department to require the 
11residency termination of individuals.
12 (f) Subsection (d) of this Section shall not apply to 
13terminally ill residents who receive or would qualify for 
14hospice care and such care is coordinated by a hospice program 
15licensed under the Hospice Program Licensing Act or other 
16licensed health care professional employed by a licensed home 
17health agency and the establishment and all parties agree to 
18the continued residency.
19 (g) Items (3), (4), (5), and (9) of subsection (c) shall 
20not apply to a quadriplegic, paraplegic, or individual with 
21neuro-muscular diseases, such as muscular dystrophy and 
22multiple sclerosis, or other chronic diseases and conditions 
23as defined by rule if the individual is able to communicate his 
24or her needs and does not require assistance with complex 
25medical problems, and the establishment is able to accommodate 
26the individual's needs. The Department shall prescribe rules 
 
 
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1pursuant to this Section that address special safety and 
2service needs of these individuals.
3 (h) For the purposes of items (7) through (10) of 
4subsection (c), a licensed health care professional may not be 
5employed by the owner or operator of the establishment, its 
6parent entity, or any other entity with ownership common to 
7either the owner or operator of the establishment or parent 
8entity, including but not limited to an affiliate of the owner 
9or operator of the establishment. Nothing in this Section is 
10meant to limit a resident's right to choose his or her health 
11care provider.
12 (i) Subsection (h) is not applicable to residents admitted 
13to an assisted living establishment under a life care contract 
14as defined in the Life Care Facilities Act if the life care 
15facility has both an assisted living establishment and a 
16skilled nursing facility. A licensed health care professional 
17providing health-related or supportive services at a life care 
18assisted living or shared housing establishment must be 
19employed by an entity licensed by the Department under the 
20Nursing Home Care Act or the Home Health, Home Services, and 
21Home Nursing Agency Licensing Act. 
22(Source: P.A. 103-444, eff. 1-1-24; 103-844, eff. 7-1-25.)

23 (210 ILCS 9/80)
24 Sec. 80. Involuntary termination of residency. 
25 (a) Residency shall be involuntarily terminated only for 
 
 
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1the following reasons: 
2  (1) as provided in Section 75 of this Act; 
3  (2) nonpayment of contracted charges after the 
4 resident and the resident's representative have received a 
5 minimum of 30 days' 30-days written notice of the 
6 delinquency and the resident or the resident's 
7 representative has had at least 15 days to cure the 
8 delinquency; or 
9  (3) failure to execute a service delivery contract or 
10 to substantially comply with its terms and conditions, 
11 failure to comply with the assessment requirements 
12 contained in Section 15, or failure to substantially 
13 comply with the terms and conditions of the lease 
14 agreement.
15 (b) A 30-day 30 day written notice of residency 
16termination shall be provided to the resident, the resident's 
17representative, or both, the Department, and the long term 
18care ombudsman, which shall include the reason for the pending 
19action, the date of the proposed move, and a notice, the 
20content and form to be set forth by rule, of the resident's 
21right to appeal, the steps that the resident or the resident's 
22representative must take to initiate an appeal, and a 
23statement of the resident's right to continue to reside in the 
24establishment until a decision is rendered. The notice shall 
25include a toll free telephone number to initiate an appeal and 
26a written hearing request form, together with a postage paid, 
 
 
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1pre-addressed envelope to the Department. If the resident or 
2the resident's representative, if any, cannot read English, 
3the notice must be provided in a language the individual 
4receiving the notice can read or the establishment must 
5provide a translator who has been trained to assist the 
6resident or the resident's representative in the appeal 
7process. In emergency situations as defined in Section 10 of 
8this Act, the 30-day provision of the written notice may be 
9waived.
10 (c) The establishment shall attempt to resolve with the 
11resident or the resident's representative, if any, 
12circumstances that if not remedied have the potential of 
13resulting in an involuntary termination of residency and shall 
14document those efforts in the resident's file. This action may 
15occur prior to or during the 30-day 30 day notice period, but 
16must occur prior to the termination of the residency. In 
17emergency situations as defined in Section 10 of this Act, the 
18requirements of this subsection may be waived.
19 (d) A request for a hearing shall stay an involuntary 
20termination of residency until a decision has been rendered by 
21the Department, according to a process adopted by rule. During 
22this time period, the establishment may not terminate or 
23reduce any service without the consent of the resident or the 
24resident's representative, if any, for the purpose of making 
25it more difficult or impossible for the resident to remain in 
26the establishment.
 
 
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1 (e) The establishment shall offer the resident and the 
2resident's representative, if any, residency termination and 
3relocation assistance including information on available 
4alternative placement. Residents shall be involved in planning 
5the move and shall choose among the available alternative 
6placements except when an emergency situation makes prior 
7resident involvement impossible. Emergency placements are 
8deemed temporary until the resident's input can be sought in 
9the final placement decision. No resident shall be forced to 
10remain in a temporary or permanent placement.
11 (f) The Department may offer assistance to the 
12establishment and the resident in the preparation of residency 
13termination and relocation plans to assure safe and orderly 
14transition and to protect the resident's health, safety, 
15welfare, and rights. In nonemergencies, and where possible in 
16emergencies, the transition plan shall be designed and 
17implemented in advance of transfer or residency termination.
18 (g) An establishment may not initiate a termination of 
19residency due to an emergency situation if the establishment 
20is able to safely care for the resident and (1) the resident 
21has been hospitalized and the resident's physician, the 
22establishment's manager, and the establishment's director of 
23nursing state that returning to the establishment would not 
24create an imminent danger of death or serious physical harm to 
25the resident; or (2) the emergency can be negated by changes in 
26activities, health care, personal care, or available rooming 
 
 
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1accommodations, consistent with the license and services of 
2the establishment. The Department may not find an 
3establishment to be in violation of Section 75 of this Act for 
4failing to initiate an emergency discharge in these 
5circumstances.
6 (h) If the Department determines that an involuntary 
7termination of residency does not meet the requirements of 
8this Act, the Department shall issue a written decision 
9stating that the involuntary termination of residency is 
10denied. If the action of the establishment giving rise to the 
11request for hearings is the establishment's failure to readmit 
12the resident following hospitalization, other medical leave of 
13absence, or other absence, the Department shall order the 
14immediate readmission of the resident to the establishment 
15unless a condition which would have allowed transfer or 
16discharge develops within that timeframe.
17 (i) If an order to readmit is entered pursuant to 
18subsection (h), the establishment shall immediately comply. As 
19used in this subsection, "comply" means the establishment and 
20the resident have agreed on a schedule for readmission or the 
21resident is living in the establishment.
22 (j) An establishment that does not readmit a resident 
23after the Department has ordered readmission shall be assessed 
24a fine. The establishment shall be required to submit an 
25acceptable plan of correction to the Department within 30 days 
26after the violation is affirmed.
 
 
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1 (k) Once a notice of appeal is filed, the Department shall 
2hold a hearing unless the notice of appeal is withdrawn. If the 
3notice of appeal is withdrawn based upon a representation made 
4by the establishment to the resident and the Department, 
5including the hearing officer, that a resident who has been 
6previously denied readmission will be readmitted, failure to 
7comply with the representation shall be considered a failure 
8to comply with a Department order pursuant to subsection (h) 
9and shall result in the imposition of a fine as provided in 
10subsection (j) of this Section.
11(Source: P.A. 91-656, eff. 1-1-01.)

12 (210 ILCS 9/90)
13 Sec. 90. Contents of service delivery contract. A contract 
14between an establishment and a resident must be entitled 
15"assisted living establishment contract" or "shared housing 
16establishment contract" as applicable, shall be printed in no 
17less than 12 point type, and shall include at least the 
18following elements in the body or through supporting documents 
19or attachments:
20  (1) the name, street address, and mailing address of 
21 the establishment;
22  (2) the name and mailing address of the owner or 
23 owners of the establishment and, if the owner or owners 
24 are not natural persons, the type of business entity of 
25 the owner or owners;
 
 
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1  (3) the name and mailing address of the managing agent 
2 of the establishment, whether hired under a management 
3 agreement or lease agreement, if the managing agent is 
4 different from the owner or owners;
5  (4) the name and address of at least one natural 
6 person who is authorized to accept service on behalf of 
7 the owners and managing agent;
8  (5) a statement describing the license status of the 
9 establishment and the license status of all providers of 
10 health-related or supportive services to a resident under 
11 arrangement with the establishment;
12  (6) the duration of the contract;
13  (7) the base rate to be paid by the resident and a 
14 description of the services to be provided as part of this 
15 rate;
16  (8) a description of any additional services to be 
17 provided for an additional fee by the establishment 
18 directly or by a third party provider under arrangement 
19 with the establishment;
20  (9) the fee schedules outlining the cost of any 
21 additional services;
22  (10) a description of the process through which the 
23 contract may be modified, amended, or terminated;
24  (11) a description of the establishment's complaint 
25 resolution process available to residents and notice of 
26 the availability of the Department on Aging's Senior 
 
 
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1 Helpline for complaints;
2  (12) the name of the resident's designated 
3 representative, if any;
4  (13) the resident's obligations in order to maintain 
5 residency and receive services including compliance with 
6 all assessments required under Section 15;
7  (14) the billing and payment procedures and 
8 requirements;
9  (15) a statement affirming the resident's freedom to 
10 receive services from service providers with whom the 
11 establishment does not have a contractual arrangement, 
12 which may also disclaim liability on the part of the 
13 establishment for those services;
14  (16) a statement that medical assistance under Article 
15 V or Article VI of the Illinois Public Aid Code is not 
16 available for payment for services provided in an 
17 establishment, excluding contracts executed with residents 
18 residing in licensed establishments participating in the 
19 Department on Aging's Comprehensive Care in Residential 
20 Settings Demonstration Project;
21  (17) a statement detailing the admission, risk 
22 management, and residency termination criteria and 
23 procedures;
24  (18) a written explanation, prepared by the Office of 
25 State Long Term Care Ombudsman, statement listing the 
26 rights specified in Sections 80 and Section 95, including 
 
 
SB1299- 37 -LRB104 07843 BAB 17889 b


1 an acknowledgment by the establishment and acknowledging 
2 that, by contracting with the assisted living or shared 
3 housing establishment, the resident does not forfeit those 
4 rights;
5  (19) a statement detailing the Department's annual 
6 on-site review process including what documents contained 
7 in a resident's personal file shall be reviewed by the 
8 on-site reviewer as defined by rule; and
9  (20) a statement outlining whether the establishment 
10 charges a community fee and, if so, the amount of the fee 
11 and whether it is refundable; if the fee is refundable, 
12 the contract must describe the conditions under which it 
13 is refundable and how the amount of the refund is 
14 determined. 
15(Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.)

16 (210 ILCS 9/95)
17 Sec. 95. Resident rights. No resident shall be deprived of 
18any rights, benefits, or privileges guaranteed by law, the 
19Constitution of the State of Illinois, or the Constitution of 
20the United States solely on account of his or her status as a 
21resident of an establishment, nor shall a resident forfeit any 
22of the following rights: 
23  (1) the right to retain and use personal property and 
24 a place to store personal items that is locked and secure; 
25  (2) the right to refuse services and to be advised of 
 
 
SB1299- 38 -LRB104 07843 BAB 17889 b


1 the consequences of that refusal; 
2  (3) the right to respect for bodily privacy and 
3 dignity at all times, especially during care and 
4 treatment; 
5  (4) the right to the free exercise of religion; 
6  (5) the right to privacy with regard to mail, phone 
7 calls, and visitors; 
8  (6) the right to uncensored access to the State 
9 Ombudsman or his or her designee; 
10  (7) the right to be free of retaliation for 
11 criticizing the establishment or making complaints to 
12 appropriate agencies; 
13  (8) the right to be free of chemical and physical 
14 restraints; 
15  (9) the right to be free of abuse or neglect or to 
16 refuse to perform labor; 
17  (10) the right to confidentiality of the resident's 
18 medical records; 
19  (11) the right of access and the right to copy the 
20 resident's personal files maintained by the establishment; 
21  (12) the right to 24 hours access to the 
22 establishment; 
23  (13) the right to a minimum of 90 days' 90-days notice 
24 of a planned establishment closure; 
25  (14) the right to a minimum of 30 days' 30-days notice 
26 of an involuntary residency termination, except where the 
 
 
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1 resident poses a threat to himself or others, or in other 
2 emergency situations, and the right to appeal such 
3 termination; if an establishment withdraws a notice of 
4 involuntary termination of residency, then the resident 
5 has the right to maintain residency at the establishment; 
6 and 
7  (15) the right to a 30-day notice of delinquency and 
8 at least 15 days right to cure delinquency; and .
9  (16) the right to not be unlawfully transferred or 
10 discharged.
11(Source: P.A. 91-656, eff. 1-1-01.)

12 Section 10. The Nursing Home Care Act is amended by 
13changing Sections 1-114.005, 2-111, 3-401, 3-402, 3-404, 
143-405, 3-411, and 3-413 and by adding Sections 3-305.6, 
153-305.7, and 3-413.1 as follows:

16 (210 ILCS 45/1-114.005)
17 Sec. 1-114.005. High risk designation. "High risk 
18designation" means a violation of a provision of the Illinois 
19Administrative Code or statute that has been identified by the 
20Department through rulemaking or designated in statute to be 
21inherently necessary to protect the health, safety, and 
22welfare of a resident. 
23(Source: P.A. 96-1372, eff. 7-29-10.)

 
 
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1 (210 ILCS 45/2-111) (from Ch. 111 1/2, par. 4152-111)
2 Sec. 2-111. A resident shall not be transferred or 
3discharged in violation of this Act. A resident may be 
4discharged from a facility after he gives the administrator, a 
5physician, or a nurse of the facility written notice of his 
6desire to be discharged. If a guardian has been appointed for a 
7resident or if the resident is a minor, the resident shall be 
8discharged upon written consent of his guardian or if the 
9resident is a minor, his parent unless there is a court order 
10to the contrary. In such cases, upon the resident's discharge, 
11the facility is relieved from any responsibility for the 
12resident's care, safety or well-being. A resident has the 
13right to not be unlawfully transferred or discharged.
14(Source: P.A. 81-223.)

15 (210 ILCS 45/3-305.6 new)
16 Sec. 3-305.6. Failure to readmit a resident. A facility 
17that fails to comply with an order of the Department to readmit 
18a resident, pursuant to Section 3-703, who wishes to return to 
19the facility and is appropriate for that level of care and 
20services provided, shall be assessed a $2,500 fine.
21 As used in this Section, "comply with an order" means that 
22a resident is living in a facility or that a facility and a 
23resident have agreed on a schedule for readmission.

24 (210 ILCS 45/3-305.7 new)
 
 
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1 Sec. 3-305.7. Ordered readmission of a resident.
2 (a) A facility that complies with an order of the 
3Department to readmit a resident that has been deemed to have 
4been unlawfully discharged shall notify the Department within 
510 business days after the resident has been readmitted to the 
6facility. The notice provided to the Department shall include, 
7but not be limited to, the following information:
8  (1) the executed order to readmit the resident that 
9 was issued by the Department;
10  (2) the Administrative Law Judge's Report and 
11 Recommendations submitted by the administrative law judge;
12  (3) the reason or reasons for which the resident was 
13 involuntarily discharged and an explanation of why the 
14 facility determined it should discharge the resident prior 
15 to the order to readmit;
16  (4) the interventions the facility had taken to 
17 attempt to mitigate or correct the behavior or condition 
18 of the resident who was involuntarily discharged and 
19 ordered to be readmitted;
20  (5) any concerns that the facility maintains about 
21 risks to safety associated with readmission of the 
22 resident; and
23  (6) a copy of the resident's current face sheet that 
24 indicates the readmission date. Unique identifiers, such 
25 as the resident's social security number and Medicare, 
26 Medicaid, or insurance number shall be redacted.
 
 
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1 (b) Upon readmission of a resident following an executed 
2order by the Department, the facility shall conduct a 
3reassessment of the resident to determine any necessary 
4changes to the resident's care plan. The assessment shall 
5include identification of any steps the facility could take to 
6attempt to mitigate or correct the behavior or condition of 
7the resident that resulted in the resident being involuntarily 
8discharged.
9 (c) When presented as part of a resident's record, the 
10Department shall consider an order from an administrative law 
11judge and steps the facility took to safely care for the 
12resident when considering whether a violation occurred. 

13 (210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401)
14 Sec. 3-401. A facility may involuntarily transfer or 
15discharge a resident only for one or more of the following 
16reasons: 
17  (a) the facility is unable to meet the medical needs 
18 of the resident, as documented in the resident's clinical 
19 record by the resident's physician for medical reasons; 
20  (b) for the resident's physical safety; 
21  (c) for the physical safety of other residents, the 
22 facility staff or facility visitors; or 
23  (d) for either late payment or nonpayment for the 
24 resident's stay, except as prohibited by Titles XVIII and 
25 XIX of the federal Social Security Act. For purposes of 
 
 
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1 this Section, "late payment" means non-receipt of payment 
2 after submission of a bill. If payment is not received 
3 within 45 days after submission of a bill, a facility may 
4 send a notice to the resident and responsible party 
5 requesting payment within 30 days. If payment is not 
6 received within such 30 days, the facility may thereupon 
7 institute transfer or discharge proceedings by sending a 
8 notice of transfer or discharge to the resident and 
9 responsible party by registered or certified mail. The 
10 notice shall state, in addition to the requirements of 
11 Section 3-403 of this Act, that the responsible party has 
12 the right to pay the amount of the bill in full up to the 
13 date the transfer or discharge is to be made and then the 
14 resident shall have the right to remain in the facility. 
15 Such payment shall terminate the transfer or discharge 
16 proceedings. This subsection does not apply to those 
17 residents whose care is provided for under the Illinois 
18 Public Aid Code. The Department shall adopt rules setting 
19 forth the criteria and procedures to be applied in cases 
20 of involuntary transfer or discharge permitted under this 
21 Section.
22 In the absence of other bases for transfer or discharge in 
23this Section, unless it has complied with the prior notice and 
24other procedural requirements of this Act, a facility may not 
25refuse to readmit a resident following a medical leave of 
26absence if the resident's need for care does not exceed the 
 
 
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1provisions of the facility's license or current services 
2offered. 
3(Source: P.A. 91-357, eff. 7-29-99.)

4 (210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402)
5 Sec. 3-402. Involuntary transfer or discharge of a 
6resident from a facility shall be preceded by the discussion 
7required under Section 3-408 and by a minimum written notice 
8of 30 21 days, except in one of the following instances:
9 (a) When an emergency transfer or discharge is ordered by 
10the resident's attending physician because of the resident's 
11health care needs. The State Long Term Care Ombudsman shall be 
12notified at the time of the emergency transfer or discharge. 
13 (b) When the transfer or discharge is mandated by the 
14physical safety of other residents, the facility staff, or 
15facility visitors, as documented in the clinical record. The 
16Department, the Office of State Long Term Care Ombudsman, and 
17the resident's managed care organization, if applicable, and 
18the State Long Term Care Ombudsman shall be notified prior to 
19any such involuntary transfer or discharge. The Department 
20shall immediately offer transfer, or discharge and relocation 
21assistance to residents transferred or discharged under this 
22subparagraph (b), and the Department may place relocation 
23teams as provided in Section 3-419 of this Act.
24 (c) When an identified offender is within the provisional 
25admission period defined in Section 1-120.3. If the Identified 
 
 
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1Offender Report and Recommendation prepared under Section 
22-201.6 shows that the identified offender poses a serious 
3threat or danger to the physical safety of other residents, 
4the facility staff, or facility visitors in the admitting 
5facility and the facility determines that it is unable to 
6provide a safe environment for the other residents, the 
7facility staff, or facility visitors, the facility shall 
8transfer or discharge the identified offender within 3 days 
9after its receipt of the Identified Offender Report and 
10Recommendation. 
11(Source: P.A. 103-320, eff. 1-1-24.)

12 (210 ILCS 45/3-404) (from Ch. 111 1/2, par. 4153-404)
13 Sec. 3-404. A request for a hearing made under Section 
143-403 shall stay a transfer or discharge pending a hearing or 
15appeal of the decision, unless a condition which would have 
16allowed transfer or discharge in less than 30 21 days as 
17described under paragraphs (a) and (b) of Section 3-402 
18develops in the interim.
19(Source: P.A. 81-223.)

20 (210 ILCS 45/3-405) (from Ch. 111 1/2, par. 4153-405)
21 Sec. 3-405. A copy of the notice required by Section 3-402 
22shall be placed in the resident's clinical record and a copy 
23shall be transmitted to the Department, the State Long Term 
24Care Ombudsman, the resident, and the resident's 
 
 
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1representative, if any, and the resident's managed care 
2organization.
3(Source: P.A. 103-320, eff. 1-1-24.)

4 (210 ILCS 45/3-411) (from Ch. 111 1/2, par. 4153-411)
5 Sec. 3-411. The Department of Public Health, when the 
6basis for involuntary transfer or discharge is other than 
7action by the Department of Healthcare and Family Services 
8(formerly Department of Public Aid) with respect to the Title 
9XIX Medicaid recipient, shall hold a hearing at the resident's 
10facility not later than 10 days after a hearing request is 
11filed, and render a decision within 14 days after the filing of 
12the hearing request. The Department has continuing 
13jurisdiction over the transfer or discharge irrespective of 
14the timing of the hearing and decision. Once a request for a 
15hearing is filed, the Department shall hold a hearing unless 
16the request is withdrawn by the resident. If the request for a 
17hearing is withdrawn based upon a representation made by the 
18facility to the resident and the Department, including the 
19hearing officer, that a resident who has been denied 
20readmission will be readmitted, and the resident or resident 
21representative notifies the Department that the facility is 
22still denying readmission, failure to readmit is considered 
23failure to comply with a Department order to readmit pursuant 
24to Section 3-305.6, including the imposition of a $2,500 fine 
25under Section 3-305.6. 
 
 
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1(Source: P.A. 95-331, eff. 8-21-07.)

2 (210 ILCS 45/3-413) (from Ch. 111 1/2, par. 4153-413)
3 Sec. 3-413. If the Department determines that a transfer 
4or discharge is authorized under Section 3-401, the resident 
5shall not be required to leave the facility before the 34th day 
6following receipt of the notice required under Section 3-402, 
7or the 10th day following receipt of the Department's 
8decision, whichever is later, unless a condition which would 
9have allowed transfer or discharge in less than 30 21 days as 
10described under paragraphs (a) and (b) of Section 3-402 
11develops in the interim. The Department maintains jurisdiction 
12over the transfer or discharge irrespective of the timing of 
13the notice and discharge. 
14(Source: P.A. 81-223.)

15 (210 ILCS 45/3-413.1 new)
16 Sec. 3-413.1. Denial of transfer or discharge. If the 
17Department determines that a transfer or discharge is not 
18authorized under Section 3-401, then the Department shall 
19issue a written decision stating that the transfer or 
20discharge is denied. If the action of the facility giving rise 
21to the request for hearings is the facility's failure to 
22readmit the resident following hospitalization, other medical 
23leave of absence, or other absence, then the Department shall 
24order the immediate readmission of the resident to the 
 
 
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1facility. The facility shall comply with the order 
2immediately. A copy of the Department's written decision shall 
3be placed in the resident's medical chart. A surveyor shall 
4make an on-site inspection of the facility's compliance with 
5the order unless the resident or resident representative 
6notifies the Department in writing that there is compliance 
7with the order.

8 Section 95. No acceleration or delay. Where this Act makes 
9changes in a statute that is represented in this Act by text 
10that is not yet or no longer in effect (for example, a Section 
11represented by multiple versions), the use of that text does 
12not accelerate or delay the taking effect of (i) the changes 
13made by this Act or (ii) provisions derived from any other 
14Public Act.

15 Section 99. Effective date. This Act takes effect upon 
16becoming law.
 
 
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1
INDEX

2
Statutes amended in order of appearance