Illinois 2023-2024 Regular Session

Illinois House Bill HB3172 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0444
2	1		HB3172 EnrolledLRB103 30461 AWJ 56894 b HB3172 Enrolled LRB103 30461 AWJ 56894 b
3	2		HB3172 Enrolled LRB103 30461 AWJ 56894 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Assisted Living and Shared Housing Act is
8		-	amended by changing Section 75 as follows:
9		-	(210 ILCS 9/75)
10		-	Sec. 75. Residency Requirements.
11		-	(a) No individual shall be accepted for residency or
12		-	remain in residence if the establishment cannot provide or
13		-	secure appropriate services, if the individual requires a
14		-	level of service or type of service for which the
15		-	establishment is not licensed or which the establishment does
16		-	not provide, or if the establishment does not have the staff
17		-	appropriate in numbers and with appropriate skill to provide
18		-	such services.
19		-	(b) Only adults may be accepted for residency.
20		-	(c) A person shall not be accepted for residency if:
21		-	(1) the person poses a serious threat to himself or
22		-	herself or to others;
23		-	(2) the person is not able to communicate his or her
24		-	needs and no resident representative residing in the
25		-	establishment, and with a prior relationship to the
26		-	person, has been appointed to direct the provision of
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Assisted Living and Shared Housing Act is
	7	+	5 amended by changing Section 75 as follows:
	8	+	6 (210 ILCS 9/75)
	9	+	7 Sec. 75. Residency Requirements.
	10	+	8 (a) No individual shall be accepted for residency or
	11	+	9 remain in residence if the establishment cannot provide or
	12	+	10 secure appropriate services, if the individual requires a
	13	+	11 level of service or type of service for which the
	14	+	12 establishment is not licensed or which the establishment does
	15	+	13 not provide, or if the establishment does not have the staff
	16	+	14 appropriate in numbers and with appropriate skill to provide
	17	+	15 such services.
	18	+	16 (b) Only adults may be accepted for residency.
	19	+	17 (c) A person shall not be accepted for residency if:
	20	+	18 (1) the person poses a serious threat to himself or
	21	+	19 herself or to others;
	22	+	20 (2) the person is not able to communicate his or her
	23	+	21 needs and no resident representative residing in the
	24	+	22 establishment, and with a prior relationship to the
	25	+	23 person, has been appointed to direct the provision of
27	26
28	27
29	28
30	29		HB3172 Enrolled LRB103 30461 AWJ 56894 b
31	30
32	31
33		-	services;
34		-	(3) the person requires total assistance with 2 or
35		-	more activities of daily living;
36		-	(4) the person requires the assistance of more than
37		-	one paid caregiver at any given time with an activity of
38		-	daily living;
39		-	(5) the person requires more than minimal assistance
40		-	in moving to a safe area in an emergency;
41		-	(6) the person has a severe mental illness, which for
42		-	the purposes of this Section means a condition that is
43		-	characterized by the presence of a major mental disorder
44		-	as classified in the Diagnostic and Statistical Manual of
45		-	Mental Disorders, Fourth Edition (DSM-IV) (American
46		-	Psychiatric Association, 1994), where the individual is a
47		-	person with a substantial disability due to mental illness
48		-	in the areas of self-maintenance, social functioning,
49		-	activities of community living and work skills, and the
50		-	disability specified is expected to be present for a
51		-	period of not less than one year, but does not mean
52		-	Alzheimer's disease and other forms of dementia based on
53		-	organic or physical disorders;
54		-	(7) the person requires intravenous therapy or
55		-	intravenous feedings unless self-administered or
56		-	administered by a qualified, licensed health care
57		-	professional;
58		-	(8) the person requires gastrostomy feedings unless
	32	+	HB3172 Enrolled- 2 -LRB103 30461 AWJ 56894 b HB3172 Enrolled - 2 - LRB103 30461 AWJ 56894 b
	33	+	HB3172 Enrolled - 2 - LRB103 30461 AWJ 56894 b
	34	+	1 services;
	35	+	2 (3) the person requires total assistance with 2 or
	36	+	3 more activities of daily living;
	37	+	4 (4) the person requires the assistance of more than
	38	+	5 one paid caregiver at any given time with an activity of
	39	+	6 daily living;
	40	+	7 (5) the person requires more than minimal assistance
	41	+	8 in moving to a safe area in an emergency;
	42	+	9 (6) the person has a severe mental illness, which for
	43	+	10 the purposes of this Section means a condition that is
	44	+	11 characterized by the presence of a major mental disorder
	45	+	12 as classified in the Diagnostic and Statistical Manual of
	46	+	13 Mental Disorders, Fourth Edition (DSM-IV) (American
	47	+	14 Psychiatric Association, 1994), where the individual is a
	48	+	15 person with a substantial disability due to mental illness
	49	+	16 in the areas of self-maintenance, social functioning,
	50	+	17 activities of community living and work skills, and the
	51	+	18 disability specified is expected to be present for a
	52	+	19 period of not less than one year, but does not mean
	53	+	20 Alzheimer's disease and other forms of dementia based on
	54	+	21 organic or physical disorders;
	55	+	22 (7) the person requires intravenous therapy or
	56	+	23 intravenous feedings unless self-administered or
	57	+	24 administered by a qualified, licensed health care
	58	+	25 professional;
	59	+	26 (8) the person requires gastrostomy feedings unless
59	60
60	61
61		-	self-administered or administered by a licensed health
62		-	care professional;
63		-	(9) the person requires insertion, sterile irrigation,
64		-	and replacement of catheter, except for routine
65		-	maintenance of urinary catheters, unless the catheter care
66		-	is self-administered or administered by a licensed health
67		-	care professional;
68		-	(10) the person requires sterile wound care unless
69		-	care is self-administered or administered by a licensed
70		-	health care professional;
71		-	(11) (blank); the person requires sliding scale
72		-	insulin administration unless self-performed or
73		-	administered by a licensed health care professional;
74		-	(12) the person is a diabetic requiring routine
75		-	insulin injections unless the injections are
76		-	self-administered or administered by a licensed health
77		-	care professional;
78		-	(13) the person requires treatment of stage 3 or stage
79		-	4 decubitus ulcers or exfoliative dermatitis;
80		-	(14) the person requires 5 or more skilled nursing
81		-	visits per week for conditions other than those listed in
82		-	items (13) and (15) of this subsection for a period of 3
83		-	consecutive weeks or more except when the course of
84		-	treatment is expected to extend beyond a 3 week period for
85		-	rehabilitative purposes and is certified as temporary by a
86		-	physician; or
87	62
88	63
89		-	(15) other reasons prescribed by the Department by
90		-	rule.
91		-	(d) A resident with a condition listed in items (1)
92		-	through (15) of subsection (c) shall have his or her residency
93		-	terminated.
94		-	(e) Residency shall be terminated when services available
95		-	to the resident in the establishment are no longer adequate to
96		-	meet the needs of the resident. This provision shall not be
97		-	interpreted as limiting the authority of the Department to
98		-	require the residency termination of individuals.
99		-	(f) Subsection (d) of this Section shall not apply to
100		-	terminally ill residents who receive or would qualify for
101		-	hospice care and such care is coordinated by a hospice program
102		-	licensed under the Hospice Program Licensing Act or other
103		-	licensed health care professional employed by a licensed home
104		-	health agency and the establishment and all parties agree to
105		-	the continued residency.
106		-	(g) Items (3), (4), (5), and (9) of subsection (c) shall
107		-	not apply to a quadriplegic, paraplegic, or individual with
108		-	neuro-muscular diseases, such as muscular dystrophy and
109		-	multiple sclerosis, or other chronic diseases and conditions
110		-	as defined by rule if the individual is able to communicate his
111		-	or her needs and does not require assistance with complex
112		-	medical problems, and the establishment is able to accommodate
113		-	the individual's needs. The Department shall prescribe rules
114		-	pursuant to this Section that address special safety and
	64	+
	65	+	HB3172 Enrolled - 2 - LRB103 30461 AWJ 56894 b
115	66
116	67
117		-	service needs of these individuals.
118		-	(h) For the purposes of items (7) through (10) of
119		-	subsection (c), a licensed health care professional may not be
120		-	employed by the owner or operator of the establishment, its
121		-	parent entity, or any other entity with ownership common to
122		-	either the owner or operator of the establishment or parent
123		-	entity, including but not limited to an affiliate of the owner
124		-	or operator of the establishment. Nothing in this Section is
125		-	meant to limit a resident's right to choose his or her health
126		-	care provider.
127		-	(i) Subsection (h) is not applicable to residents admitted
128		-	to an assisted living establishment under a life care contract
129		-	as defined in the Life Care Facilities Act if the life care
130		-	facility has both an assisted living establishment and a
131		-	skilled nursing facility. A licensed health care professional
132		-	providing health-related or supportive services at a life care
133		-	assisted living or shared housing establishment must be
134		-	employed by an entity licensed by the Department under the
135		-	Nursing Home Care Act or the Home Health, Home Services, and
136		-	Home Nursing Agency Licensing Act.
137		-	(Source: P.A. 99-143, eff. 7-27-15.)
	68	+	HB3172 Enrolled- 3 -LRB103 30461 AWJ 56894 b HB3172 Enrolled - 3 - LRB103 30461 AWJ 56894 b
	69	+	HB3172 Enrolled - 3 - LRB103 30461 AWJ 56894 b
	70	+	1 self-administered or administered by a licensed health
	71	+	2 care professional;
	72	+	3 (9) the person requires insertion, sterile irrigation,
	73	+	4 and replacement of catheter, except for routine
	74	+	5 maintenance of urinary catheters, unless the catheter care
	75	+	6 is self-administered or administered by a licensed health
	76	+	7 care professional;
	77	+	8 (10) the person requires sterile wound care unless
	78	+	9 care is self-administered or administered by a licensed
	79	+	10 health care professional;
	80	+	11 (11) (blank); the person requires sliding scale
	81	+	12 insulin administration unless self-performed or
	82	+	13 administered by a licensed health care professional;
	83	+	14 (12) the person is a diabetic requiring routine
	84	+	15 insulin injections unless the injections are
	85	+	16 self-administered or administered by a licensed health
	86	+	17 care professional;
	87	+	18 (13) the person requires treatment of stage 3 or stage
	88	+	19 4 decubitus ulcers or exfoliative dermatitis;
	89	+	20 (14) the person requires 5 or more skilled nursing
	90	+	21 visits per week for conditions other than those listed in
	91	+	22 items (13) and (15) of this subsection for a period of 3
	92	+	23 consecutive weeks or more except when the course of
	93	+	24 treatment is expected to extend beyond a 3 week period for
	94	+	25 rehabilitative purposes and is certified as temporary by a
	95	+	26 physician; or
	96	+
	97	+
	98	+
	99	+
	100	+
	101	+	HB3172 Enrolled - 3 - LRB103 30461 AWJ 56894 b
	102	+
	103	+
	104	+	HB3172 Enrolled- 4 -LRB103 30461 AWJ 56894 b HB3172 Enrolled - 4 - LRB103 30461 AWJ 56894 b
	105	+	HB3172 Enrolled - 4 - LRB103 30461 AWJ 56894 b
	106	+	1 (15) other reasons prescribed by the Department by
	107	+	2 rule.
	108	+	3 (d) A resident with a condition listed in items (1)
	109	+	4 through (15) of subsection (c) shall have his or her residency
	110	+	5 terminated.
	111	+	6 (e) Residency shall be terminated when services available
	112	+	7 to the resident in the establishment are no longer adequate to
	113	+	8 meet the needs of the resident. This provision shall not be
	114	+	9 interpreted as limiting the authority of the Department to
	115	+	10 require the residency termination of individuals.
	116	+	11 (f) Subsection (d) of this Section shall not apply to
	117	+	12 terminally ill residents who receive or would qualify for
	118	+	13 hospice care and such care is coordinated by a hospice program
	119	+	14 licensed under the Hospice Program Licensing Act or other
	120	+	15 licensed health care professional employed by a licensed home
	121	+	16 health agency and the establishment and all parties agree to
	122	+	17 the continued residency.
	123	+	18 (g) Items (3), (4), (5), and (9) of subsection (c) shall
	124	+	19 not apply to a quadriplegic, paraplegic, or individual with
	125	+	20 neuro-muscular diseases, such as muscular dystrophy and
	126	+	21 multiple sclerosis, or other chronic diseases and conditions
	127	+	22 as defined by rule if the individual is able to communicate his
	128	+	23 or her needs and does not require assistance with complex
	129	+	24 medical problems, and the establishment is able to accommodate
	130	+	25 the individual's needs. The Department shall prescribe rules
	131	+	26 pursuant to this Section that address special safety and
	132	+
	133	+
	134	+
	135	+
	136	+
	137	+	HB3172 Enrolled - 4 - LRB103 30461 AWJ 56894 b
	138	+
	139	+
	140	+	HB3172 Enrolled- 5 -LRB103 30461 AWJ 56894 b HB3172 Enrolled - 5 - LRB103 30461 AWJ 56894 b
	141	+	HB3172 Enrolled - 5 - LRB103 30461 AWJ 56894 b
	142	+	1 service needs of these individuals.
	143	+	2 (h) For the purposes of items (7) through (10) of
	144	+	3 subsection (c), a licensed health care professional may not be
	145	+	4 employed by the owner or operator of the establishment, its
	146	+	5 parent entity, or any other entity with ownership common to
	147	+	6 either the owner or operator of the establishment or parent
	148	+	7 entity, including but not limited to an affiliate of the owner
	149	+	8 or operator of the establishment. Nothing in this Section is
	150	+	9 meant to limit a resident's right to choose his or her health
	151	+	10 care provider.
	152	+	11 (i) Subsection (h) is not applicable to residents admitted
	153	+	12 to an assisted living establishment under a life care contract
	154	+	13 as defined in the Life Care Facilities Act if the life care
	155	+	14 facility has both an assisted living establishment and a
	156	+	15 skilled nursing facility. A licensed health care professional
	157	+	16 providing health-related or supportive services at a life care
	158	+	17 assisted living or shared housing establishment must be
	159	+	18 employed by an entity licensed by the Department under the
	160	+	19 Nursing Home Care Act or the Home Health, Home Services, and
	161	+	20 Home Nursing Agency Licensing Act.
	162	+	21 (Source: P.A. 99-143, eff. 7-27-15.)
	163	+
	164	+
	165	+
	166	+
	167	+
	168	+	HB3172 Enrolled - 5 - LRB103 30461 AWJ 56894 b