IL
Illinois Senate Bill SB3723

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3723 Compare Versions

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1-SB3723 EngrossedLRB103 36302 CES 66400 b SB3723 Engrossed LRB103 36302 CES 66400 b
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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3723 Introduced 2/9/2024, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: See Index Amends the Assisted Living and Shared Housing Act. Adds provisions concerning involuntary terminations of residency, hearings when residency is involuntarily terminated, and readmission of residents. Provides that an establishment shall notify a resident when the establishment's ability to meet the resident's needs may be affected. Provides that if an establishment initiates a termination of residency, then the resident shall be provided with written notice. Provides that the Department of Public Health shall (rather than may) offer assistance to an establishment and resident in preparation for a residency termination. Provides that an establishment that improperly terminates the residency of a resident shall be assessed a violation. Makes additions to provisions concerning resident rights. Makes other changes. Amends the Nursing Home Care Act. Makes changes to provisions concerning the involuntary transfer or discharge of a resident, hearings when a resident is involuntarily transferred or discharged, and the readmission of residents. Provides that a resident has a right not to be unlawfully transferred or discharged from a facility. Makes other changes. Amends the Assisted Living and Shared Housing Act and the Nursing Home Care Act. Provides that in certain circumstances the Department shall order immediate readmission of a resident. Provides that failure to readmit a resident after receiving an order to do so from the Department shall result in a specified daily fine. Provides that the Department shall adopt rules related to conflicts of interest for persons who conduct specified hearings. LRB103 36302 CES 66400 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3723 Introduced 2/9/2024, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: See Index See Index Amends the Assisted Living and Shared Housing Act. Adds provisions concerning involuntary terminations of residency, hearings when residency is involuntarily terminated, and readmission of residents. Provides that an establishment shall notify a resident when the establishment's ability to meet the resident's needs may be affected. Provides that if an establishment initiates a termination of residency, then the resident shall be provided with written notice. Provides that the Department of Public Health shall (rather than may) offer assistance to an establishment and resident in preparation for a residency termination. Provides that an establishment that improperly terminates the residency of a resident shall be assessed a violation. Makes additions to provisions concerning resident rights. Makes other changes. Amends the Nursing Home Care Act. Makes changes to provisions concerning the involuntary transfer or discharge of a resident, hearings when a resident is involuntarily transferred or discharged, and the readmission of residents. Provides that a resident has a right not to be unlawfully transferred or discharged from a facility. Makes other changes. Amends the Assisted Living and Shared Housing Act and the Nursing Home Care Act. Provides that in certain circumstances the Department shall order immediate readmission of a resident. Provides that failure to readmit a resident after receiving an order to do so from the Department shall result in a specified daily fine. Provides that the Department shall adopt rules related to conflicts of interest for persons who conduct specified hearings. LRB103 36302 CES 66400 b LRB103 36302 CES 66400 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3723 Introduced 2/9/2024, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
3+See Index See Index
4+See Index
5+Amends the Assisted Living and Shared Housing Act. Adds provisions concerning involuntary terminations of residency, hearings when residency is involuntarily terminated, and readmission of residents. Provides that an establishment shall notify a resident when the establishment's ability to meet the resident's needs may be affected. Provides that if an establishment initiates a termination of residency, then the resident shall be provided with written notice. Provides that the Department of Public Health shall (rather than may) offer assistance to an establishment and resident in preparation for a residency termination. Provides that an establishment that improperly terminates the residency of a resident shall be assessed a violation. Makes additions to provisions concerning resident rights. Makes other changes. Amends the Nursing Home Care Act. Makes changes to provisions concerning the involuntary transfer or discharge of a resident, hearings when a resident is involuntarily transferred or discharged, and the readmission of residents. Provides that a resident has a right not to be unlawfully transferred or discharged from a facility. Makes other changes. Amends the Assisted Living and Shared Housing Act and the Nursing Home Care Act. Provides that in certain circumstances the Department shall order immediate readmission of a resident. Provides that failure to readmit a resident after receiving an order to do so from the Department shall result in a specified daily fine. Provides that the Department shall adopt rules related to conflicts of interest for persons who conduct specified hearings.
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311 1 AN ACT concerning regulation.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Assisted Living and Shared Housing Act is
715 5 amended by changing Sections 10, 15, 75, 80, 90, and 95 as
816 6 follows:
917 7 (210 ILCS 9/10)
1018 8 Sec. 10. Definitions. For purposes of this Act:
1119 9 "Activities of daily living" means eating, dressing,
1220 10 bathing, toileting, transferring, or personal hygiene.
1321 11 "Assisted living establishment" or "establishment" means a
1422 12 home, building, residence, or any other place where sleeping
1523 13 accommodations are provided for at least 3 unrelated adults,
1624 14 at least 80% of whom are 55 years of age or older and where the
1725 15 following are provided consistent with the purposes of this
1826 16 Act:
1927 17 (1) services consistent with a social model that is
2028 18 based on the premise that the resident's unit in assisted
2129 19 living and shared housing is his or her own home;
2230 20 (2) community-based residential care for persons who
2331 21 need assistance with activities of daily living, including
2432 22 personal, supportive, and intermittent health-related
2533 23 services available 24 hours per day, if needed, to meet
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37+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3723 Introduced 2/9/2024, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
38+See Index See Index
39+See Index
40+Amends the Assisted Living and Shared Housing Act. Adds provisions concerning involuntary terminations of residency, hearings when residency is involuntarily terminated, and readmission of residents. Provides that an establishment shall notify a resident when the establishment's ability to meet the resident's needs may be affected. Provides that if an establishment initiates a termination of residency, then the resident shall be provided with written notice. Provides that the Department of Public Health shall (rather than may) offer assistance to an establishment and resident in preparation for a residency termination. Provides that an establishment that improperly terminates the residency of a resident shall be assessed a violation. Makes additions to provisions concerning resident rights. Makes other changes. Amends the Nursing Home Care Act. Makes changes to provisions concerning the involuntary transfer or discharge of a resident, hearings when a resident is involuntarily transferred or discharged, and the readmission of residents. Provides that a resident has a right not to be unlawfully transferred or discharged from a facility. Makes other changes. Amends the Assisted Living and Shared Housing Act and the Nursing Home Care Act. Provides that in certain circumstances the Department shall order immediate readmission of a resident. Provides that failure to readmit a resident after receiving an order to do so from the Department shall result in a specified daily fine. Provides that the Department shall adopt rules related to conflicts of interest for persons who conduct specified hearings.
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3468 1 the scheduled and unscheduled needs of a resident;
3569 2 (3) mandatory services, whether provided directly by
3670 3 the establishment or by another entity arranged for by the
3771 4 establishment, with the consent of the resident or
3872 5 resident's representative; and
3973 6 (4) a physical environment that is a homelike setting
4074 7 that includes the following and such other elements as
4175 8 established by the Department: individual living units
4276 9 each of which shall accommodate small kitchen appliances
4377 10 and contain private bathing, washing, and toilet
4478 11 facilities, or private washing and toilet facilities with
4579 12 a common bathing room readily accessible to each resident.
4680 13 Units shall be maintained for single occupancy except in
4781 14 cases in which 2 residents choose to share a unit.
4882 15 Sufficient common space shall exist to permit individual
4983 16 and group activities.
5084 17 "Assisted living establishment" or "establishment" does
5185 18 not mean any of the following:
5286 19 (1) A home, institution, or similar place operated by
5387 20 the federal government or the State of Illinois.
5488 21 (2) A long term care facility licensed under the
5589 22 Nursing Home Care Act, a facility licensed under the
5690 23 Specialized Mental Health Rehabilitation Act of 2013, a
5791 24 facility licensed under the ID/DD Community Care Act, or a
5892 25 facility licensed under the MC/DD Act. However, a facility
5993 26 licensed under any of those Acts may convert distinct
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70104 1 parts of the facility to assisted living. If the facility
71105 2 elects to do so, the facility shall retain the Certificate
72106 3 of Need for its nursing and sheltered care beds that were
73107 4 converted.
74108 5 (3) A hospital, sanitarium, or other institution, the
75109 6 principal activity or business of which is the diagnosis,
76110 7 care, and treatment of human illness and that is required
77111 8 to be licensed under the Hospital Licensing Act.
78112 9 (4) A facility for child care as defined in the Child
79113 10 Care Act of 1969.
80114 11 (5) A community living facility as defined in the
81115 12 Community Living Facilities Licensing Act.
82116 13 (6) A nursing home or sanitarium operated solely by
83117 14 and for persons who rely exclusively upon treatment by
84118 15 spiritual means through prayer in accordance with the
85119 16 creed or tenants of a well-recognized church or religious
86120 17 denomination.
87121 18 (7) A facility licensed by the Department of Human
88122 19 Services as a community-integrated living arrangement as
89123 20 defined in the Community-Integrated Living Arrangements
90124 21 Licensure and Certification Act.
91125 22 (8) A supportive residence licensed under the
92126 23 Supportive Residences Licensing Act.
93127 24 (9) The portion of a life care facility as defined in
94128 25 the Life Care Facilities Act not licensed as an assisted
95129 26 living establishment under this Act; a life care facility
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106140 1 may apply under this Act to convert sections of the
107141 2 community to assisted living.
108142 3 (10) A free-standing hospice facility licensed under
109143 4 the Hospice Program Licensing Act.
110144 5 (11) A shared housing establishment.
111145 6 (12) A supportive living facility as described in
112146 7 Section 5-5.01a of the Illinois Public Aid Code.
113147 8 "Department" means the Department of Public Health.
114148 9 "Director" means the Director of Public Health.
115149 10 "Emergency situation" means imminent danger of death or
116150 11 serious physical harm to a resident of an establishment.
117-12 "License" means any of the following types of licenses
118-13 issued to an applicant or licensee by the Department:
119-14 (1) "Probationary license" means a license issued to
120-15 an applicant or licensee that has not held a license under
121-16 this Act prior to its application or pursuant to a license
122-17 transfer in accordance with Section 50 of this Act.
123-18 (2) "Regular license" means a license issued by the
124-19 Department to an applicant or licensee that is in
125-20 substantial compliance with this Act and any rules
126-21 promulgated under this Act.
127-22 "Licensee" means a person, agency, association,
128-23 corporation, partnership, or organization that has been issued
129-24 a license to operate an assisted living or shared housing
130-25 establishment.
131-26 "Licensed health care professional" means a registered
151+12 "Involuntary termination of residency" means the full
152+13 release of any resident from a facility, without the informed
153+14 consent of the resident, freely given and not coerced.
154+15 "Involuntary termination of residency" includes an assisted
155+16 living or shared housing establishment's failure to readmit a
156+17 resident following hospitalization, other medical leave, or
157+18 other absence from the establishment.
158+19 "License" means any of the following types of licenses
159+20 issued to an applicant or licensee by the Department:
160+21 (1) "Probationary license" means a license issued to
161+22 an applicant or licensee that has not held a license under
162+23 this Act prior to its application or pursuant to a license
163+24 transfer in accordance with Section 50 of this Act.
164+25 (2) "Regular license" means a license issued by the
165+26 Department to an applicant or licensee that is in
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142-1 professional nurse, an advanced practice registered nurse, a
143-2 physician assistant, and a licensed practical nurse.
144-3 "Mandatory services" include the following:
145-4 (1) 3 meals per day available to the residents
146-5 prepared by the establishment or an outside contractor;
147-6 (2) housekeeping services including, but not limited
148-7 to, vacuuming, dusting, and cleaning the resident's unit;
149-8 (3) personal laundry and linen services available to
150-9 the residents provided or arranged for by the
151-10 establishment;
152-11 (4) security provided 24 hours each day including, but
153-12 not limited to, locked entrances or building or contract
154-13 security personnel;
155-14 (5) an emergency communication response system, which
156-15 is a procedure in place 24 hours each day by which a
157-16 resident can notify building management, an emergency
158-17 response vendor, or others able to respond to his or her
159-18 need for assistance; and
160-19 (6) assistance with activities of daily living as
161-20 required by each resident.
162-21 "Negotiated risk" is the process by which a resident, or
163-22 his or her representative, may formally negotiate with
164-23 providers what risks each are willing and unwilling to assume
165-24 in service provision and the resident's living environment.
166-25 The provider assures that the resident and the resident's
167-26 representative, if any, are informed of the risks of these
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176+1 substantial compliance with this Act and any rules
177+2 promulgated under this Act.
178+3 "Licensee" means a person, agency, association,
179+4 corporation, partnership, or organization that has been issued
180+5 a license to operate an assisted living or shared housing
181+6 establishment.
182+7 "Licensed health care professional" means a registered
183+8 professional nurse, an advanced practice registered nurse, a
184+9 physician assistant, and a licensed practical nurse.
185+10 "Mandatory services" include the following:
186+11 (1) 3 meals per day available to the residents
187+12 prepared by the establishment or an outside contractor;
188+13 (2) housekeeping services including, but not limited
189+14 to, vacuuming, dusting, and cleaning the resident's unit;
190+15 (3) personal laundry and linen services available to
191+16 the residents provided or arranged for by the
192+17 establishment;
193+18 (4) security provided 24 hours each day including, but
194+19 not limited to, locked entrances or building or contract
195+20 security personnel;
196+21 (5) an emergency communication response system, which
197+22 is a procedure in place 24 hours each day by which a
198+23 resident can notify building management, an emergency
199+24 response vendor, or others able to respond to his or her
200+25 need for assistance; and
201+26 (6) assistance with activities of daily living as
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178-1 decisions and of the potential consequences of assuming these
179-2 risks.
180-3 "Owner" means the individual, partnership, corporation,
181-4 association, or other person who owns an assisted living or
182-5 shared housing establishment. In the event an assisted living
183-6 or shared housing establishment is operated by a person who
184-7 leases or manages the physical plant, which is owned by
185-8 another person, "owner" means the person who operates the
186-9 assisted living or shared housing establishment, except that
187-10 if the person who owns the physical plant is an affiliate of
188-11 the person who operates the assisted living or shared housing
189-12 establishment and has significant control over the day to day
190-13 operations of the assisted living or shared housing
191-14 establishment, the person who owns the physical plant shall
192-15 incur jointly and severally with the owner all liabilities
193-16 imposed on an owner under this Act.
194-17 "Physician" means a person licensed under the Medical
195-18 Practice Act of 1987 to practice medicine in all of its
196-19 branches.
197-20 "Resident" means a person residing in an assisted living
198-21 or shared housing establishment.
199-22 "Resident's representative" means a person, other than the
200-23 owner, agent, or employee of an establishment or of the health
201-24 care provider unless related to the resident, designated in
202-25 writing by a resident or a court to be his or her
203-26 representative. This designation may be accomplished through
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212+1 required by each resident.
213+2 "Negotiated risk" is the process by which a resident, or
214+3 his or her representative, may formally negotiate with
215+4 providers what risks each are willing and unwilling to assume
216+5 in service provision and the resident's living environment.
217+6 The provider assures that the resident and the resident's
218+7 representative, if any, are informed of the risks of these
219+8 decisions and of the potential consequences of assuming these
220+9 risks.
221+10 "Owner" means the individual, partnership, corporation,
222+11 association, or other person who owns an assisted living or
223+12 shared housing establishment. In the event an assisted living
224+13 or shared housing establishment is operated by a person who
225+14 leases or manages the physical plant, which is owned by
226+15 another person, "owner" means the person who operates the
227+16 assisted living or shared housing establishment, except that
228+17 if the person who owns the physical plant is an affiliate of
229+18 the person who operates the assisted living or shared housing
230+19 establishment and has significant control over the day to day
231+20 operations of the assisted living or shared housing
232+21 establishment, the person who owns the physical plant shall
233+22 incur jointly and severally with the owner all liabilities
234+23 imposed on an owner under this Act.
235+24 "Physician" means a person licensed under the Medical
236+25 Practice Act of 1987 to practice medicine in all of its
237+26 branches.
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214-1 the Illinois Power of Attorney Act, pursuant to the
215-2 guardianship process under the Probate Act of 1975, or
216-3 pursuant to an executed designation of representative form
217-4 specified by the Department.
218-5 "Self" means the individual or the individual's designated
219-6 representative.
220-7 "Shared housing establishment" or "establishment" means a
221-8 publicly or privately operated free-standing residence for 16
222-9 or fewer persons, at least 80% of whom are 55 years of age or
223-10 older and who are unrelated to the owners and one manager of
224-11 the residence, where the following are provided:
225-12 (1) services consistent with a social model that is
226-13 based on the premise that the resident's unit is his or her
227-14 own home;
228-15 (2) community-based residential care for persons who
229-16 need assistance with activities of daily living, including
230-17 housing and personal, supportive, and intermittent
231-18 health-related services available 24 hours per day, if
232-19 needed, to meet the scheduled and unscheduled needs of a
233-20 resident; and
234-21 (3) mandatory services, whether provided directly by
235-22 the establishment or by another entity arranged for by the
236-23 establishment, with the consent of the resident or the
237-24 resident's representative.
238-25 "Shared housing establishment" or "establishment" does not
239-26 mean any of the following:
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248+1 "Resident" means a person residing in an assisted living
249+2 or shared housing establishment.
250+3 "Resident's representative" means a person, other than the
251+4 owner, agent, or employee of an establishment or of the health
252+5 care provider unless related to the resident, designated in
253+6 writing by a resident or a court to be his or her
254+7 representative. This designation may be accomplished through
255+8 the Illinois Power of Attorney Act, pursuant to the
256+9 guardianship process under the Probate Act of 1975, or
257+10 pursuant to an executed designation of representative form
258+11 specified by the Department.
259+12 "Self" means the individual or the individual's designated
260+13 representative.
261+14 "Shared housing establishment" or "establishment" means a
262+15 publicly or privately operated free-standing residence for 16
263+16 or fewer persons, at least 80% of whom are 55 years of age or
264+17 older and who are unrelated to the owners and one manager of
265+18 the residence, where the following are provided:
266+19 (1) services consistent with a social model that is
267+20 based on the premise that the resident's unit is his or her
268+21 own home;
269+22 (2) community-based residential care for persons who
270+23 need assistance with activities of daily living, including
271+24 housing and personal, supportive, and intermittent
272+25 health-related services available 24 hours per day, if
273+26 needed, to meet the scheduled and unscheduled needs of a
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250-1 (1) A home, institution, or similar place operated by
251-2 the federal government or the State of Illinois.
252-3 (2) A long term care facility licensed under the
253-4 Nursing Home Care Act, a facility licensed under the
254-5 Specialized Mental Health Rehabilitation Act of 2013, a
255-6 facility licensed under the ID/DD Community Care Act, or a
256-7 facility licensed under the MC/DD Act. A facility licensed
257-8 under any of those Acts may, however, convert sections of
258-9 the facility to assisted living. If the facility elects to
259-10 do so, the facility shall retain the Certificate of Need
260-11 for its nursing beds that were converted.
261-12 (3) A hospital, sanitarium, or other institution, the
262-13 principal activity or business of which is the diagnosis,
263-14 care, and treatment of human illness and that is required
264-15 to be licensed under the Hospital Licensing Act.
265-16 (4) A facility for child care as defined in the Child
266-17 Care Act of 1969.
267-18 (5) A community living facility as defined in the
268-19 Community Living Facilities Licensing Act.
269-20 (6) A nursing home or sanitarium operated solely by
270-21 and for persons who rely exclusively upon treatment by
271-22 spiritual means through prayer in accordance with the
272-23 creed or tenants of a well-recognized church or religious
273-24 denomination.
274-25 (7) A facility licensed by the Department of Human
275-26 Services as a community-integrated living arrangement as
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284+1 resident; and
285+2 (3) mandatory services, whether provided directly by
286+3 the establishment or by another entity arranged for by the
287+4 establishment, with the consent of the resident or the
288+5 resident's representative.
289+6 "Shared housing establishment" or "establishment" does not
290+7 mean any of the following:
291+8 (1) A home, institution, or similar place operated by
292+9 the federal government or the State of Illinois.
293+10 (2) A long term care facility licensed under the
294+11 Nursing Home Care Act, a facility licensed under the
295+12 Specialized Mental Health Rehabilitation Act of 2013, a
296+13 facility licensed under the ID/DD Community Care Act, or a
297+14 facility licensed under the MC/DD Act. A facility licensed
298+15 under any of those Acts may, however, convert sections of
299+16 the facility to assisted living. If the facility elects to
300+17 do so, the facility shall retain the Certificate of Need
301+18 for its nursing beds that were converted.
302+19 (3) A hospital, sanitarium, or other institution, the
303+20 principal activity or business of which is the diagnosis,
304+21 care, and treatment of human illness and that is required
305+22 to be licensed under the Hospital Licensing Act.
306+23 (4) A facility for child care as defined in the Child
307+24 Care Act of 1969.
308+25 (5) A community living facility as defined in the
309+26 Community Living Facilities Licensing Act.
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286-1 defined in the Community-Integrated Living Arrangements
287-2 Licensure and Certification Act.
288-3 (8) A supportive residence licensed under the
289-4 Supportive Residences Licensing Act.
290-5 (9) A life care facility as defined in the Life Care
291-6 Facilities Act; a life care facility may apply under this
292-7 Act to convert sections of the community to assisted
293-8 living.
294-9 (10) A free-standing hospice facility licensed under
295-10 the Hospice Program Licensing Act.
296-11 (11) An assisted living establishment.
297-12 (12) A supportive living facility as described in
298-13 Section 5-5.01a of the Illinois Public Aid Code.
299-14 "Total assistance" means that staff or another individual
300-15 performs the entire activity of daily living without
301-16 participation by the resident.
302-17 (Source: P.A. 99-180, eff. 7-29-15; 100-513, eff. 1-1-18.)
303-18 (210 ILCS 9/15)
304-19 Sec. 15. Assessment and service plan requirements. Prior
305-20 to admission to any establishment covered by this Act, a
306-21 comprehensive assessment that includes an evaluation of the
307-22 prospective resident's physical, cognitive, and psychosocial
308-23 condition shall be completed. At least annually, a
309-24 comprehensive assessment shall be completed, and upon
310-25 identification of a significant change in the resident's
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320+1 (6) A nursing home or sanitarium operated solely by
321+2 and for persons who rely exclusively upon treatment by
322+3 spiritual means through prayer in accordance with the
323+4 creed or tenants of a well-recognized church or religious
324+5 denomination.
325+6 (7) A facility licensed by the Department of Human
326+7 Services as a community-integrated living arrangement as
327+8 defined in the Community-Integrated Living Arrangements
328+9 Licensure and Certification Act.
329+10 (8) A supportive residence licensed under the
330+11 Supportive Residences Licensing Act.
331+12 (9) A life care facility as defined in the Life Care
332+13 Facilities Act; a life care facility may apply under this
333+14 Act to convert sections of the community to assisted
334+15 living.
335+16 (10) A free-standing hospice facility licensed under
336+17 the Hospice Program Licensing Act.
337+18 (11) An assisted living establishment.
338+19 (12) A supportive living facility as described in
339+20 Section 5-5.01a of the Illinois Public Aid Code.
340+21 "Total assistance" means that staff or another individual
341+22 performs the entire activity of daily living without
342+23 participation by the resident.
343+24 (Source: P.A. 99-180, eff. 7-29-15; 100-513, eff. 1-1-18.)
344+25 (210 ILCS 9/15)
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321-1 condition, including, but not limited to, a diagnosis of
322-2 Alzheimer's disease or a related dementia, the resident shall
323-3 be reassessed. The Department may by rule specify
324-4 circumstances under which more frequent assessments of skin
325-5 integrity and nutritional status shall be required. The
326-6 comprehensive assessment shall be completed by a physician.
327-7 Based on the assessment, the resident's interests and
328-8 preferences, dislikes, and any known triggers for behavior
329-9 that endangers the resident or others, a written service plan
330-10 shall be developed and mutually agreed upon by the provider,
331-11 and the resident, and the resident's representative, if any.
332-12 The service plan, which shall be reviewed annually, or more
333-13 often as the resident's condition, preferences, or service
334-14 needs change, shall serve as a basis for the service delivery
335-15 contract between the provider and the resident. The resident
336-16 and the resident's representative, if any, shall, upon
337-17 request, be given a copy of the most recent assessment; a
338-18 supplemental assessment, if any, completed by the
339-19 establishment; and a service plan. Based on the assessment,
340-20 the service plan may provide for the disconnection or removal
341-21 of any appliance.
342-22 (Source: P.A. 91-656, eff. 1-1-01.)
343-23 (210 ILCS 9/75)
344-24 Sec. 75. Residency requirements.
345-25 (a) No individual shall be accepted for residency or
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355+1 Sec. 15. Assessment and service plan requirements. Prior
356+2 to admission to any establishment covered by this Act, a
357+3 comprehensive assessment that includes an evaluation of the
358+4 prospective resident's physical, cognitive, and psychosocial
359+5 condition shall be completed. At least annually, a
360+6 comprehensive assessment shall be completed, and upon
361+7 identification of a significant change in the resident's
362+8 condition, including, but not limited to, a diagnosis of
363+9 Alzheimer's disease or a related dementia, the resident shall
364+10 be reassessed. The Department may by rule specify
365+11 circumstances under which more frequent assessments of skin
366+12 integrity and nutritional status shall be required. The
367+13 comprehensive assessment shall be completed by a physician.
368+14 Based on the assessment, the resident's interests and
369+15 preferences, dislikes, and any known triggers for behavior
370+16 that endangers the resident or others, a written service plan
371+17 shall be developed and mutually agreed upon by the provider,
372+18 and the resident, and the resident's representative, if any.
373+19 The service plan, which shall be reviewed annually, or more
374+20 often as the resident's condition, preferences, or service
375+21 needs change, shall serve as a basis for the service delivery
376+22 contract between the provider and the resident. The resident
377+23 and the resident's representative, if any, shall be given a
378+24 copy of the most recent assessment; a supplemental assessment,
379+25 if any, done by the establishment; and a service plan. Based on
380+26 the assessment, the service plan may provide for the
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356-1 remain in residence if the establishment cannot provide or
357-2 secure appropriate services, if the individual requires a
358-3 level of service or type of service for which the
359-4 establishment is not licensed or which the establishment does
360-5 not provide, or if the establishment does not have the staff
361-6 appropriate in numbers and with appropriate skill to provide
362-7 such services.
363-8 (b) Only adults may be accepted for residency.
364-9 (c) A person shall not be accepted for residency if:
365-10 (1) the person poses a serious threat to himself or
366-11 herself or to others;
367-12 (2) the person is not able to communicate his or her
368-13 needs and no resident representative residing in the
369-14 establishment, and with a prior relationship to the
370-15 person, has been appointed to direct the provision of
371-16 services;
372-17 (3) the person requires total assistance with 2 or
373-18 more activities of daily living;
374-19 (4) the person requires the assistance of more than
375-20 one paid caregiver at any given time with an activity of
376-21 daily living;
377-22 (5) the person requires more than minimal assistance
378-23 in moving to a safe area in an emergency;
379-24 (6) the person has a severe mental illness, which for
380-25 the purposes of this Section means a condition that is
381-26 characterized by the presence of a major mental disorder
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391+1 disconnection or removal of any appliance.
392+2 (Source: P.A. 91-656, eff. 1-1-01.)
393+3 (210 ILCS 9/75)
394+4 Sec. 75. Residency requirements.
395+5 (a) No individual shall be accepted for residency or
396+6 remain in residence if the establishment cannot provide or
397+7 secure appropriate services, if the individual requires a
398+8 level of service or type of service for which the
399+9 establishment is not licensed or which the establishment does
400+10 not provide, or if the establishment does not have the staff
401+11 appropriate in numbers and with appropriate skill to provide
402+12 such services.
403+13 (b) Only adults may be accepted for residency.
404+14 (c) A person shall not be accepted for residency if:
405+15 (1) the person poses a serious threat to himself or
406+16 herself or to others;
407+17 (2) the person is not able to communicate his or her
408+18 needs and no resident representative residing in the
409+19 establishment, and with a prior relationship to the
410+20 person, has been appointed to direct the provision of
411+21 services;
412+22 (3) the person requires total assistance with 2 or
413+23 more activities of daily living;
414+24 (4) the person requires the assistance of more than
415+25 one paid caregiver at any given time with an activity of
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392-1 as classified in the Diagnostic and Statistical Manual of
393-2 Mental Disorders, Fourth Edition (DSM-IV) (American
394-3 Psychiatric Association, 1994), where the individual is a
395-4 person with a substantial disability due to mental illness
396-5 in the areas of self-maintenance, social functioning,
397-6 activities of community living and work skills, and the
398-7 disability specified is expected to be present for a
399-8 period of not less than one year, but does not mean
400-9 Alzheimer's disease and other forms of dementia based on
401-10 organic or physical disorders;
402-11 (7) the person requires intravenous therapy or
403-12 intravenous feedings unless self-administered or
404-13 administered by a qualified, licensed health care
405-14 professional;
406-15 (8) the person requires gastrostomy feedings unless
407-16 self-administered or administered by a licensed health
408-17 care professional;
409-18 (9) the person requires insertion, sterile irrigation,
410-19 and replacement of catheter, except for routine
411-20 maintenance of urinary catheters, unless the catheter care
412-21 is self-administered or administered by a licensed health
413-22 care professional;
414-23 (10) the person requires sterile wound care unless
415-24 care is self-administered or administered by a licensed
416-25 health care professional;
417-26 (11) (blank);
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426+1 daily living;
427+2 (5) the person requires more than minimal assistance
428+3 in moving to a safe area in an emergency;
429+4 (6) the person has a severe mental illness, which for
430+5 the purposes of this Section means a condition that is
431+6 characterized by the presence of a major mental disorder
432+7 as classified in the Diagnostic and Statistical Manual of
433+8 Mental Disorders, Fourth Edition (DSM-IV) (American
434+9 Psychiatric Association, 1994), where the individual is a
435+10 person with a substantial disability due to mental illness
436+11 in the areas of self-maintenance, social functioning,
437+12 activities of community living and work skills, and the
438+13 disability specified is expected to be present for a
439+14 period of not less than one year, but does not mean
440+15 Alzheimer's disease and other forms of dementia based on
441+16 organic or physical disorders;
442+17 (7) the person requires intravenous therapy or
443+18 intravenous feedings unless self-administered or
444+19 administered by a qualified, licensed health care
445+20 professional;
446+21 (8) the person requires gastrostomy feedings unless
447+22 self-administered or administered by a licensed health
448+23 care professional;
449+24 (9) the person requires insertion, sterile irrigation,
450+25 and replacement of catheter, except for routine
451+26 maintenance of urinary catheters, unless the catheter care
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428-1 (12) the person is a diabetic requiring routine
429-2 insulin injections unless the injections are
430-3 self-administered or administered by a licensed health
431-4 care professional;
432-5 (13) the person requires treatment of stage 3 or stage
433-6 4 decubitus ulcers or exfoliative dermatitis;
434-7 (14) the person requires 5 or more skilled nursing
435-8 visits per week for conditions other than those listed in
436-9 items (13) and (15) of this subsection for a period of 3
437-10 consecutive weeks or more except when the course of
438-11 treatment is expected to extend beyond a 3 week period for
439-12 rehabilitative purposes and is certified as temporary by a
440-13 physician; or
441-14 (15) other reasons prescribed by the Department by
442-15 rule.
443-16 (d) A resident with a condition listed in items (1)
444-17 through (15) of subsection (c) shall have his or her residency
445-18 terminated.
446-19 (e) Residency shall be terminated when services available
447-20 to the resident in the establishment are no longer adequate to
448-21 meet the needs of the resident. The establishment shall notify
449-22 the resident and the resident's representative, if any, when
450-23 there is a significant change in the resident's condition that
451-24 affects the establishment's ability to meet the resident's
452-25 needs. The requirements of subsection (c) of Section 80 shall
453-26 then apply. This provision shall not be interpreted as
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462+1 is self-administered or administered by a licensed health
463+2 care professional;
464+3 (10) the person requires sterile wound care unless
465+4 care is self-administered or administered by a licensed
466+5 health care professional;
467+6 (11) (blank);
468+7 (12) the person is a diabetic requiring routine
469+8 insulin injections unless the injections are
470+9 self-administered or administered by a licensed health
471+10 care professional;
472+11 (13) the person requires treatment of stage 3 or stage
473+12 4 decubitus ulcers or exfoliative dermatitis;
474+13 (14) the person requires 5 or more skilled nursing
475+14 visits per week for conditions other than those listed in
476+15 items (13) and (15) of this subsection for a period of 3
477+16 consecutive weeks or more except when the course of
478+17 treatment is expected to extend beyond a 3 week period for
479+18 rehabilitative purposes and is certified as temporary by a
480+19 physician; or
481+20 (15) other reasons prescribed by the Department by
482+21 rule.
483+22 (d) A resident with a condition listed in items (1)
484+23 through (15) of subsection (c) shall have his or her residency
485+24 terminated.
486+25 (e) Residency shall be terminated when services available
487+26 to the resident in the establishment are no longer adequate to
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464-1 limiting the authority of the Department to require the
465-2 residency termination of individuals.
466-3 (f) Subsection (d) of this Section shall not apply to
467-4 terminally ill residents who receive or would qualify for
468-5 hospice care and such care is coordinated by a hospice program
469-6 licensed under the Hospice Program Licensing Act or other
470-7 licensed health care professional employed by a licensed home
471-8 health agency and the establishment and all parties agree to
472-9 the continued residency.
473-10 (g) Items (3), (4), (5), and (9) of subsection (c) shall
474-11 not apply to a quadriplegic, paraplegic, or individual with
475-12 neuro-muscular diseases, such as muscular dystrophy and
476-13 multiple sclerosis, or other chronic diseases and conditions
477-14 as defined by rule if the individual is able to communicate his
478-15 or her needs and does not require assistance with complex
479-16 medical problems, and the establishment is able to accommodate
480-17 the individual's needs. The Department shall prescribe rules
481-18 pursuant to this Section that address special safety and
482-19 service needs of these individuals.
483-20 (h) For the purposes of items (7) through (10) of
484-21 subsection (c), a licensed health care professional may not be
485-22 employed by the owner or operator of the establishment, its
486-23 parent entity, or any other entity with ownership common to
487-24 either the owner or operator of the establishment or parent
488-25 entity, including but not limited to an affiliate of the owner
489-26 or operator of the establishment. Nothing in this Section is
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498+1 meet the needs of the resident. The establishment shall notify
499+2 the resident and the resident's representative, if any, when
500+3 there is a significant change in the resident's condition that
501+4 affects the establishment's ability to meet the resident's
502+5 needs. The requirements of subsection (c) of Section 80 shall
503+6 then apply. This provision shall not be interpreted as
504+7 limiting the authority of the Department to require the
505+8 residency termination of individuals.
506+9 (f) Subsection (d) of this Section shall not apply to
507+10 terminally ill residents who receive or would qualify for
508+11 hospice care and such care is coordinated by a hospice program
509+12 licensed under the Hospice Program Licensing Act or other
510+13 licensed health care professional employed by a licensed home
511+14 health agency and the establishment and all parties agree to
512+15 the continued residency.
513+16 (g) Items (3), (4), (5), and (9) of subsection (c) shall
514+17 not apply to a quadriplegic, paraplegic, or individual with
515+18 neuro-muscular diseases, such as muscular dystrophy and
516+19 multiple sclerosis, or other chronic diseases and conditions
517+20 as defined by rule if the individual is able to communicate his
518+21 or her needs and does not require assistance with complex
519+22 medical problems, and the establishment is able to accommodate
520+23 the individual's needs. The Department shall prescribe rules
521+24 pursuant to this Section that address special safety and
522+25 service needs of these individuals.
523+26 (h) For the purposes of items (7) through (10) of
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500-1 meant to limit a resident's right to choose his or her health
501-2 care provider.
502-3 (i) Subsection (h) is not applicable to residents admitted
503-4 to an assisted living establishment under a life care contract
504-5 as defined in the Life Care Facilities Act if the life care
505-6 facility has both an assisted living establishment and a
506-7 skilled nursing facility. A licensed health care professional
507-8 providing health-related or supportive services at a life care
508-9 assisted living or shared housing establishment must be
509-10 employed by an entity licensed by the Department under the
510-11 Nursing Home Care Act or the Home Health, Home Services, and
511-12 Home Nursing Agency Licensing Act.
512-13 (Source: P.A. 103-444, eff. 1-1-24.)
513-14 (210 ILCS 9/80)
514-15 Sec. 80. Involuntary termination of residency.
515-16 (a) Residency shall be involuntarily terminated only for
516-17 the following reasons:
517-18 (1) as provided in Section 75 of this Act;
518-19 (2) nonpayment of contracted charges after the
519-20 resident and the resident's representative have received a
520-21 minimum of 30 days' 30-days written notice of the
521-22 delinquency and the resident or the resident's
522-23 representative has had at least 15 days to cure the
523-24 delinquency; or
524-25 (3) failure to execute a service delivery contract or
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534+1 subsection (c), a licensed health care professional may not be
535+2 employed by the owner or operator of the establishment, its
536+3 parent entity, or any other entity with ownership common to
537+4 either the owner or operator of the establishment or parent
538+5 entity, including but not limited to an affiliate of the owner
539+6 or operator of the establishment. Nothing in this Section is
540+7 meant to limit a resident's right to choose his or her health
541+8 care provider.
542+9 (i) Subsection (h) is not applicable to residents admitted
543+10 to an assisted living establishment under a life care contract
544+11 as defined in the Life Care Facilities Act if the life care
545+12 facility has both an assisted living establishment and a
546+13 skilled nursing facility. A licensed health care professional
547+14 providing health-related or supportive services at a life care
548+15 assisted living or shared housing establishment must be
549+16 employed by an entity licensed by the Department under the
550+17 Nursing Home Care Act or the Home Health, Home Services, and
551+18 Home Nursing Agency Licensing Act.
552+19 (Source: P.A. 103-444, eff. 1-1-24.)
553+20 (210 ILCS 9/80)
554+21 Sec. 80. Involuntary termination of residency.
555+22 (a) Residency shall be involuntarily terminated only for
556+23 the following reasons:
557+24 (1) as provided in Section 75 of this Act;
558+25 (2) nonpayment of contracted charges after the
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535-1 to substantially comply with its terms and conditions,
536-2 failure to comply with the assessment requirements
537-3 contained in Section 15, or failure to substantially
538-4 comply with the terms and conditions of the lease
539-5 agreement.
540-6 (b) A 30-day 30 day written notice of residency
541-7 termination shall be provided to the resident, the resident's
542-8 representative, or both, the Department, and the long term
543-9 care ombudsman, which shall include the reason for the pending
544-10 action, the date of the proposed move, and a notice, the
545-11 content and form to be set forth by rule, of the resident's
546-12 right to appeal, the steps that the resident or the resident's
547-13 representative must take to initiate an appeal, and a
548-14 statement of the resident's right to continue to reside in the
549-15 establishment until a decision is rendered. The notice shall
550-16 include a toll free telephone number to initiate an appeal and
551-17 a written hearing request form, together with a postage paid,
552-18 pre-addressed envelope to the Department. If the resident or
553-19 the resident's representative, if any, cannot read English,
554-20 the notice must be provided in a language the individual
555-21 receiving the notice can read or the establishment must
556-22 provide a translator who has been trained to assist the
557-23 resident or the resident's representative in the appeal
558-24 process. In emergency situations as defined in Section 10 of
559-25 this Act, the 30-day provision of the written notice may be
560-26 waived.
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569+1 resident and the resident's representative have received a
570+2 minimum of 30 days' 30-days written notice of the
571+3 delinquency and the resident or the resident's
572+4 representative has had at least 15 days to cure the
573+5 delinquency; or
574+6 (3) failure to execute a service delivery contract or
575+7 to substantially comply with its terms and conditions,
576+8 failure to comply with the assessment requirements
577+9 contained in Section 15, or failure to substantially
578+10 comply with the terms and conditions of the lease
579+11 agreement.
580+12 (b) A 30-day 30 day written notice of residency
581+13 termination shall be provided to the resident, the resident's
582+14 representative, or both, the Department, and the long term
583+15 care ombudsman, which shall include the reason for the pending
584+16 action, the date of the proposed move, and a notice, the
585+17 content and form to be set forth by rule, of the resident's
586+18 right to appeal, the steps that the resident or the resident's
587+19 representative must take to initiate an appeal, and a
588+20 statement of the resident's right to continue to reside in the
589+21 establishment until a decision is rendered. The notice shall
590+22 include a toll free telephone number to initiate an appeal and
591+23 a written hearing request form, together with a postage paid,
592+24 pre-addressed envelope to the Department. If the resident or
593+25 the resident's representative, if any, cannot read English,
594+26 the notice must be provided in a language the individual
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571-1 (c) The establishment shall attempt to resolve with the
572-2 resident or the resident's representative, if any,
573-3 circumstances that if not remedied have the potential of
574-4 resulting in an involuntary termination of residency and shall
575-5 document those efforts in the resident's file. This action may
576-6 occur prior to or during the 30 day notice period, but must
577-7 occur prior to the termination of the residency. In emergency
578-8 situations as defined in Section 10 of this Act, the
579-9 requirements of this subsection may be waived.
580-10 (d) A request for a hearing shall stay an involuntary
581-11 termination of residency until a decision has been rendered by
582-12 the Department, according to a process adopted by rule. During
583-13 this time period, the establishment may not terminate or
584-14 reduce any service without the consent of the resident or the
585-15 resident's representative, if any, for the purpose of making
586-16 it more difficult or impossible for the resident to remain in
587-17 the establishment.
588-18 (e) The establishment shall offer the resident and the
589-19 resident's representative, if any, residency termination and
590-20 relocation assistance including information on available
591-21 alternative placement. Residents shall be involved in planning
592-22 the move and shall choose among the available alternative
593-23 placements except when an emergency situation makes prior
594-24 resident involvement impossible. Emergency placements are
595-25 deemed temporary until the resident's input can be sought in
596-26 the final placement decision. No resident shall be forced to
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604+ SB3723 - 17 - LRB103 36302 CES 66400 b
605+1 receiving the notice can read or the establishment must
606+2 provide a translator who has been trained to assist the
607+3 resident or the resident's representative in the appeal
608+4 process. In emergency situations as defined in Section 10 of
609+5 this Act, the 30-day provision of the written notice may be
610+6 waived.
611+7 (c) The establishment shall attempt to resolve with the
612+8 resident or the resident's representative, if any,
613+9 circumstances that if not remedied have the potential of
614+10 resulting in an involuntary termination of residency and shall
615+11 document those efforts in the resident's file. This action may
616+12 occur prior to or during the 30 day notice period, but must
617+13 occur prior to the termination of the residency. In emergency
618+14 situations as defined in Section 10 of this Act, the
619+15 requirements of this subsection may be waived.
620+16 (d) A request for a hearing shall stay an involuntary
621+17 termination of residency until a decision has been rendered by
622+18 the Department, according to a process adopted by rule. During
623+19 this time period, the establishment may not terminate or
624+20 reduce any service without the consent of the resident or the
625+21 resident's representative, if any, for the purpose of making
626+22 it more difficult or impossible for the resident to remain in
627+23 the establishment.
628+24 (e) The establishment shall offer the resident and the
629+25 resident's representative, if any, resident and the resident's
630+26 representative, if any, residency termination and relocation
597631
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607-1 remain in a temporary or permanent placement.
608-2 (f) The Department may offer assistance to the
609-3 establishment and the resident in the preparation of residency
610-4 termination and relocation plans to assure safe and orderly
611-5 transition and to protect the resident's health, safety,
612-6 welfare, and rights. In nonemergencies, and where possible in
613-7 emergencies, the transition plan shall be designed and
614-8 implemented in advance of transfer or residency termination.
615-9 (g) An establishment may not initiate a termination of
616-10 residency due to an emergency situation if the establishment
617-11 is able to safely care for the resident and (1) the resident
618-12 has been hospitalized and the resident's physician, the
619-13 establishment's manager, and the establishment's director of
620-14 nursing state that returning to the establishment would not
621-15 create an imminent danger of death or serious physical harm to
622-16 the resident; or (2) the emergency can be negated by changes in
623-17 activities, health care, personal care, or available rooming
624-18 accommodations, consistent with the license and services of
625-19 the establishment. The Department may not find an
626-20 establishment to be in violation of Section 75 of this Act for
627-21 failing to initiate an emergency discharge in these
628-22 circumstances.
629-23 (h) If the Department determines that an involuntary
630-24 termination of residency does not meet the requirements of
631-25 this Act, the Department shall issue a written decision
632-26 stating that the involuntary termination of residency is
639+SB3723- 18 -LRB103 36302 CES 66400 b SB3723 - 18 - LRB103 36302 CES 66400 b
640+ SB3723 - 18 - LRB103 36302 CES 66400 b
641+1 assistance including information on available alternative
642+2 placement. Residents shall be involved in planning the move
643+3 and shall choose among the available alternative placements
644+4 except when an emergency situation makes prior resident
645+5 involvement impossible. Emergency placements are deemed
646+6 temporary until the resident's input can be sought in the
647+7 final placement decision. No resident shall be forced to
648+8 remain in a temporary or permanent placement.
649+9 (f) The Department may offer assistance to the
650+10 establishment and the resident in the preparation of residency
651+11 termination and relocation plans to assure safe and orderly
652+12 transition and to protect the resident's health, safety,
653+13 welfare, and rights. In nonemergencies, and where possible in
654+14 emergencies, the transition plan shall be designed and
655+15 implemented in advance of transfer or residency termination.
656+16 (g) An establishment may not initiate a termination of
657+17 residency due to an emergency situation if the establishment
658+18 is able to safely care for the resident and (1) a resident has
659+19 been hospitalized and the resident's physician states that
660+20 returning to the establishment would not create an imminent
661+21 danger of death or serious physical harm to a resident; or (2)
662+22 the emergency can be negated by changes in staffing,
663+23 activities, health care, personal care, or rooming
664+24 accommodations, consistent with the license of the
665+25 establishment. The Department may not find an establishment to
666+26 be in violation of Section 75 of this Act for failing to
633667
634668
635669
636670
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639673
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643-1 denied. If the action of the establishment giving rise to the
644-2 request for hearings is the establishment's failure to readmit
645-3 the resident following hospitalization, other medical leave of
646-4 absence, or other absence, the Department shall order the
647-5 immediate readmission of the resident to the establishment
648-6 unless a condition which would have allowed transfer or
649-7 discharge develops within that timeframe.
650-8 (i) If an order to readmit is entered pursuant to
651-9 subsection (h), the establishment shall immediately comply. As
652-10 used in this subsection, "comply" means the establishment and
653-11 the resident have agreed on a schedule for readmission or the
654-12 resident is living in the establishment.
655-13 (j) An establishment that does not readmit a resident
656-14 after the Department has ordered readmission shall be assessed
657-15 a fine. The establishment shall be required to submit an
658-16 acceptable plan of correction to the Department within 30 days
659-17 after the violation is affirmed.
660-18 (k) Once a notice of appeal is filed, the Department shall
661-19 hold a hearing unless the notice of appeal is withdrawn. If the
662-20 notice of appeal is withdrawn based upon a representation made
663-21 by the establishment to the resident and the Department,
664-22 including the hearing officer, that a resident who has been
665-23 previously denied readmission will be readmitted, failure to
666-24 comply with the representation shall be considered a failure
667-25 to comply with a Department order pursuant to subsection (h)
668-26 and shall result in the imposition of a fine as provided in
675+SB3723- 19 -LRB103 36302 CES 66400 b SB3723 - 19 - LRB103 36302 CES 66400 b
676+ SB3723 - 19 - LRB103 36302 CES 66400 b
677+1 initiate an emergency discharge in these circumstances.
678+2 (h) If the Department determines that an involuntary
679+3 termination of residency does not meet the requirements of
680+4 this Act, the Department shall issue a written decision
681+5 stating that the involuntary termination of residency is
682+6 denied. If the action of the establishment giving rise to the
683+7 request for hearings is the establishment's failure to readmit
684+8 the resident following hospitalization, other medical leave of
685+9 absence, or other absence, the Department shall order the
686+10 immediate readmission of the resident to the establishment.
687+11 (i) If an order to readmit is entered pursuant to
688+12 subsection (h), the establishment shall immediately comply. As
689+13 used in this subsection, "comply" means the establishment and
690+14 the resident have agreed on a schedule for readmission or the
691+15 resident is living in the establishment. If the resident,
692+16 resident's representative, a long-term care ombudsman, or any
693+17 other individual notifies the Department that the
694+18 establishment is not complying with an agreed-upon schedule,
695+19 or that the establishment is not complying with the
696+20 representation described in subsection (k), a surveyor shall
697+21 make an on-site inspection to determine compliance.
698+22 (j) An establishment that does not readmit a resident
699+23 after the Department has ordered readmission shall be assessed
700+24 a fine in accordance with a Type 1 violation. Additionally, a
701+25 daily fine of $1,250 beginning on the third day after the
702+26 readmission order was issued by the Department shall be
669703
670704
671705
672706
673707
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675709
676710
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678- SB3723 Engrossed - 20 - LRB103 36302 CES 66400 b
679-1 subsection (j) of this Section.
680-2 (Source: P.A. 91-656, eff. 1-1-01.)
681-3 (210 ILCS 9/90)
682-4 Sec. 90. Contents of service delivery contract. A contract
683-5 between an establishment and a resident must be entitled
684-6 "assisted living establishment contract" or "shared housing
685-7 establishment contract" as applicable, shall be printed in no
686-8 less than 12 point type, and shall include at least the
687-9 following elements in the body or through supporting documents
688-10 or attachments:
689-11 (1) the name, street address, and mailing address of
690-12 the establishment;
691-13 (2) the name and mailing address of the owner or
692-14 owners of the establishment and, if the owner or owners
693-15 are not natural persons, the type of business entity of
694-16 the owner or owners;
695-17 (3) the name and mailing address of the managing agent
696-18 of the establishment, whether hired under a management
697-19 agreement or lease agreement, if the managing agent is
698-20 different from the owner or owners;
699-21 (4) the name and address of at least one natural
700-22 person who is authorized to accept service on behalf of
701-23 the owners and managing agent;
702-24 (5) a statement describing the license status of the
703-25 establishment and the license status of all providers of
711+SB3723- 20 -LRB103 36302 CES 66400 b SB3723 - 20 - LRB103 36302 CES 66400 b
712+ SB3723 - 20 - LRB103 36302 CES 66400 b
713+1 assessed. This fine shall be imposed for every day thereafter,
714+2 until the establishment notifies the Department that it is in
715+3 compliance with the order and a surveyor makes an on-site
716+4 inspection to determine if there is compliance or the resident
717+5 confirms to the Department that there is compliance, as
718+6 defined in subsection (i) of this Section. The establishment
719+7 shall be required to submit an acceptable plan of correction
720+8 to the Department within 30 days after the violation is
721+9 affirmed.
722+10 (k) Once a notice of appeal is filed, the Department shall
723+11 hold a hearing unless the notice of appeal is withdrawn. If the
724+12 notice of appeal is withdrawn based upon a representation made
725+13 by the establishment to the resident and the Department,
726+14 including the hearing officer, that a resident who has been
727+15 previously denied readmission will be readmitted, failure to
728+16 comply with the representation shall be considered a failure
729+17 to comply with a Department order pursuant to subsection (h)
730+18 and shall result in the imposition of a fine as provided in
731+19 subsection (j) of this Section.
732+20 (l) A long term care ombudsman may request a hearing on
733+21 behalf of a resident and secure representation of a resident
734+22 if, in the judgment of the long term care ombudsman, doing so
735+23 is in the best interests of the resident and the resident does
736+24 not object.
737+25 (Source: P.A. 91-656, eff. 1-1-01.)
704738
705739
706740
707741
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743+ SB3723 - 20 - LRB103 36302 CES 66400 b
710744
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714-1 health-related or supportive services to a resident under
715-2 arrangement with the establishment;
716-3 (6) the duration of the contract;
717-4 (7) the base rate to be paid by the resident and a
718-5 description of the services to be provided as part of this
719-6 rate;
720-7 (8) a description of any additional services to be
721-8 provided for an additional fee by the establishment
722-9 directly or by a third party provider under arrangement
723-10 with the establishment;
724-11 (9) the fee schedules outlining the cost of any
725-12 additional services;
726-13 (10) a description of the process through which the
727-14 contract may be modified, amended, or terminated;
728-15 (11) a description of the establishment's complaint
729-16 resolution process available to residents and notice of
730-17 the availability of the Department on Aging's Senior
731-18 Helpline for complaints;
732-19 (12) the name of the resident's designated
733-20 representative, if any;
734-21 (13) the resident's obligations in order to maintain
735-22 residency and receive services including compliance with
736-23 all assessments required under Section 15;
737-24 (14) the billing and payment procedures and
738-25 requirements;
739-26 (15) a statement affirming the resident's freedom to
746+SB3723- 21 -LRB103 36302 CES 66400 b SB3723 - 21 - LRB103 36302 CES 66400 b
747+ SB3723 - 21 - LRB103 36302 CES 66400 b
748+1 (210 ILCS 9/90)
749+2 Sec. 90. Contents of service delivery contract. A contract
750+3 between an establishment and a resident must be entitled
751+4 "assisted living establishment contract" or "shared housing
752+5 establishment contract" as applicable, shall be printed in no
753+6 less than 12 point type, and shall include at least the
754+7 following elements in the body or through supporting documents
755+8 or attachments:
756+9 (1) the name, street address, and mailing address of
757+10 the establishment;
758+11 (2) the name and mailing address of the owner or
759+12 owners of the establishment and, if the owner or owners
760+13 are not natural persons, the type of business entity of
761+14 the owner or owners;
762+15 (3) the name and mailing address of the managing agent
763+16 of the establishment, whether hired under a management
764+17 agreement or lease agreement, if the managing agent is
765+18 different from the owner or owners;
766+19 (4) the name and address of at least one natural
767+20 person who is authorized to accept service on behalf of
768+21 the owners and managing agent;
769+22 (5) a statement describing the license status of the
770+23 establishment and the license status of all providers of
771+24 health-related or supportive services to a resident under
772+25 arrangement with the establishment;
773+26 (6) the duration of the contract;
740774
741775
742776
743777
744778
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746780
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749- SB3723 Engrossed - 22 - LRB103 36302 CES 66400 b
750-1 receive services from service providers with whom the
751-2 establishment does not have a contractual arrangement,
752-3 which may also disclaim liability on the part of the
753-4 establishment for those services;
754-5 (16) a statement that medical assistance under Article
755-6 V or Article VI of the Illinois Public Aid Code is not
756-7 available for payment for services provided in an
757-8 establishment, excluding contracts executed with residents
758-9 residing in licensed establishments participating in the
759-10 Department on Aging's Comprehensive Care in Residential
760-11 Settings Demonstration Project;
761-12 (17) a statement detailing the admission, risk
762-13 management, and residency termination criteria and
763-14 procedures;
764-15 (18) a written explanation, prepared by the Office of
765-16 State Long Term Care Ombudsman, statement listing the
766-17 rights specified in Sections 80 and Section 95, including
767-18 an acknowledgment by the establishment and acknowledging
768-19 that, by contracting with the assisted living or shared
769-20 housing establishment, the resident does not forfeit those
770-21 rights;
771-22 (19) a statement detailing the Department's annual
772-23 on-site review process including what documents contained
773-24 in a resident's personal file shall be reviewed by the
774-25 on-site reviewer as defined by rule; and
775-26 (20) a statement outlining whether the establishment
782+SB3723- 22 -LRB103 36302 CES 66400 b SB3723 - 22 - LRB103 36302 CES 66400 b
783+ SB3723 - 22 - LRB103 36302 CES 66400 b
784+1 (7) the base rate to be paid by the resident and a
785+2 description of the services to be provided as part of this
786+3 rate;
787+4 (8) a description of any additional services to be
788+5 provided for an additional fee by the establishment
789+6 directly or by a third party provider under arrangement
790+7 with the establishment;
791+8 (9) the fee schedules outlining the cost of any
792+9 additional services;
793+10 (10) a description of the process through which the
794+11 contract may be modified, amended, or terminated;
795+12 (11) a description of the establishment's complaint
796+13 resolution process available to residents and notice of
797+14 the availability of the Department on Aging's Senior
798+15 Helpline for complaints;
799+16 (12) the name of the resident's designated
800+17 representative, if any;
801+18 (13) the resident's obligations in order to maintain
802+19 residency and receive services including compliance with
803+20 all assessments required under Section 15;
804+21 (14) the billing and payment procedures and
805+22 requirements;
806+23 (15) a statement affirming the resident's freedom to
807+24 receive services from service providers with whom the
808+25 establishment does not have a contractual arrangement,
809+26 which may also disclaim liability on the part of the
776810
777811
778812
779813
780814
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815+ SB3723 - 22 - LRB103 36302 CES 66400 b
782816
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786-1 charges a community fee and, if so, the amount of the fee
787-2 and whether it is refundable; if the fee is refundable,
788-3 the contract must describe the conditions under which it
789-4 is refundable and how the amount of the refund is
790-5 determined.
791-6 (Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.)
792-7 (210 ILCS 9/95)
793-8 Sec. 95. Resident rights. No resident shall be deprived of
794-9 any rights, benefits, or privileges guaranteed by law, the
795-10 Constitution of the State of Illinois, or the Constitution of
796-11 the United States solely on account of his or her status as a
797-12 resident of an establishment, nor shall a resident forfeit any
798-13 of the following rights:
799-14 (1) the right to retain and use personal property and
800-15 a place to store personal items that is locked and secure;
801-16 (2) the right to refuse services and to be advised of
802-17 the consequences of that refusal;
803-18 (3) the right to respect for bodily privacy and
804-19 dignity at all times, especially during care and
805-20 treatment;
806-21 (4) the right to the free exercise of religion;
807-22 (5) the right to privacy with regard to mail, phone
808-23 calls, and visitors;
809-24 (6) the right to uncensored access to the State
810-25 Ombudsman or his or her designee;
818+SB3723- 23 -LRB103 36302 CES 66400 b SB3723 - 23 - LRB103 36302 CES 66400 b
819+ SB3723 - 23 - LRB103 36302 CES 66400 b
820+1 establishment for those services;
821+2 (16) a statement that medical assistance under Article
822+3 V or Article VI of the Illinois Public Aid Code is not
823+4 available for payment for services provided in an
824+5 establishment, excluding contracts executed with residents
825+6 residing in licensed establishments participating in the
826+7 Department on Aging's Comprehensive Care in Residential
827+8 Settings Demonstration Project;
828+9 (17) a statement detailing the admission, risk
829+10 management, and residency termination criteria and
830+11 procedures;
831+12 (18) a written explanation, prepared by the Office of
832+13 State Long Term Care Ombudsman, statement listing the
833+14 rights specified in Sections 80 and Section 95, including
834+15 an acknowledgment by the establishment and acknowledging
835+16 that, by contracting with the assisted living or shared
836+17 housing establishment, the resident does not forfeit those
837+18 rights;
838+19 (19) a statement detailing the Department's annual
839+20 on-site review process including what documents contained
840+21 in a resident's personal file shall be reviewed by the
841+22 on-site reviewer as defined by rule; and
842+23 (20) a statement outlining whether the establishment
843+24 charges a community fee and, if so, the amount of the fee
844+25 and whether it is refundable; if the fee is refundable,
845+26 the contract must describe the conditions under which it
811846
812847
813848
814849
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821-1 (7) the right to be free of retaliation for
822-2 criticizing the establishment or making complaints to
823-3 appropriate agencies;
824-4 (8) the right to be free of chemical and physical
825-5 restraints;
826-6 (9) the right to be free of abuse or neglect or to
827-7 refuse to perform labor;
828-8 (10) the right to confidentiality of the resident's
829-9 medical records;
830-10 (11) the right of access and the right to copy the
831-11 resident's personal files maintained by the establishment;
832-12 (12) the right to 24 hours access to the
833-13 establishment;
834-14 (13) the right to a minimum of 90 days' 90-days notice
835-15 of a planned establishment closure;
836-16 (14) the right to a minimum of 30 days' 30-days notice
837-17 of an involuntary residency termination, except where the
838-18 resident poses a threat to himself or others, or in other
839-19 emergency situations, and the right to appeal such
840-20 termination; if an establishment withdraws a notice of
841-21 involuntary termination of residency, then the resident
842-22 has the right to maintain residency at the establishment;
843-23 and
844-24 (15) the right to a 30-day notice of delinquency and
845-25 at least 15 days right to cure delinquency; and .
846-26 (16) the right to not be unlawfully transferred or
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855+ SB3723 - 24 - LRB103 36302 CES 66400 b
856+1 is refundable and how the amount of the refund is
857+2 determined.
858+3 (Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.)
859+4 (210 ILCS 9/95)
860+5 Sec. 95. Resident rights. No resident shall be deprived of
861+6 any rights, benefits, or privileges guaranteed by law, the
862+7 Constitution of the State of Illinois, or the Constitution of
863+8 the United States solely on account of his or her status as a
864+9 resident of an establishment, nor shall a resident forfeit any
865+10 of the following rights:
866+11 (1) the right to retain and use personal property and
867+12 a place to store personal items that is locked and secure;
868+13 (2) the right to refuse services and to be advised of
869+14 the consequences of that refusal;
870+15 (3) the right to respect for bodily privacy and
871+16 dignity at all times, especially during care and
872+17 treatment;
873+18 (4) the right to the free exercise of religion;
874+19 (5) the right to privacy with regard to mail, phone
875+20 calls, and visitors;
876+21 (6) the right to uncensored access to the State
877+22 Ombudsman or his or her designee;
878+23 (7) the right to be free of retaliation for
879+24 criticizing the establishment or making complaints to
880+25 appropriate agencies;
847881
848882
849883
850884
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853887
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857-1 discharged.
858-2 (Source: P.A. 91-656, eff. 1-1-01.)
859-3 Section 10. The Nursing Home Care Act is amended by
860-4 changing Sections 1-114.005, 2-111, 3-401, 3-402, 3-404,
861-5 3-405, 3-411, and 3-413 and by adding Sections 3-305.6 and
862-6 3-413.1 as follows:
863-7 (210 ILCS 45/1-114.005)
864-8 Sec. 1-114.005. High risk designation. "High risk
865-9 designation" means a violation of a provision of the Illinois
866-10 Administrative Code or statute that has been identified by the
867-11 Department through rulemaking or designated in statute to be
868-12 inherently necessary to protect the health, safety, and
869-13 welfare of a resident.
870-14 (Source: P.A. 96-1372, eff. 7-29-10.)
871-15 (210 ILCS 45/2-111) (from Ch. 111 1/2, par. 4152-111)
872-16 Sec. 2-111. A resident shall not be transferred or
873-17 discharged in violation of this Act. A resident may be
874-18 discharged from a facility after he gives the administrator, a
875-19 physician, or a nurse of the facility written notice of his
876-20 desire to be discharged. If a guardian has been appointed for a
877-21 resident or if the resident is a minor, the resident shall be
878-22 discharged upon written consent of his guardian or if the
879-23 resident is a minor, his parent unless there is a court order
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890+ SB3723 - 25 - LRB103 36302 CES 66400 b
891+1 (8) the right to be free of chemical and physical
892+2 restraints;
893+3 (9) the right to be free of abuse or neglect or to
894+4 refuse to perform labor;
895+5 (10) the right to confidentiality of the resident's
896+6 medical records;
897+7 (11) the right of access and the right to copy the
898+8 resident's personal files maintained by the establishment;
899+9 (12) the right to 24 hours access to the
900+10 establishment;
901+11 (13) the right to a minimum of 90 days' 90-days notice
902+12 of a planned establishment closure;
903+13 (14) the right to a minimum of 30 days' 30-days notice
904+14 of an involuntary residency termination, except where the
905+15 resident poses a threat to himself or others, or in other
906+16 emergency situations, and the right to appeal such
907+17 termination; if an establishment withdraws a notice of
908+18 involuntary termination of residency, then the resident
909+19 has the right to maintain residency at the establishment;
910+20 and
911+21 (15) the right to a 30-day notice of delinquency and
912+22 at least 15 days right to cure delinquency; .
913+23 (16) the right to not be unlawfully transferred or
914+24 discharged;
915+25 (17) the right to retain residency during any hospital
916+26 stay totaling 10 days or less following a hospital
880917
881918
882919
883920
884921
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922+ SB3723 - 25 - LRB103 36302 CES 66400 b
886923
887924
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889- SB3723 Engrossed - 26 - LRB103 36302 CES 66400 b
890-1 to the contrary. In such cases, upon the resident's discharge,
891-2 the facility is relieved from any responsibility for the
892-3 resident's care, safety or well-being. A resident has the
893-4 right to not be unlawfully transferred or discharged.
894-5 (Source: P.A. 81-223.)
895-6 (210 ILCS 45/3-305.6 new)
896-7 Sec. 3-305.6. Failure to readmit a resident. A facility
897-8 that fails to comply with an order of the Department to readmit
898-9 a resident, pursuant to Section 3-703, who wishes to return to
899-10 the facility and is appropriate for that level of care and
900-11 services provided, shall be assessed a fine.
901-12 As used in this Section, "comply with an order" means that
902-13 a resident is living in a facility or that a facility and a
903-14 resident have agreed on a schedule for readmission.
904-15 (210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401)
905-16 Sec. 3-401. A facility may involuntarily transfer or
906-17 discharge a resident only for one or more of the following
907-18 reasons:
908-19 (a) the facility is unable to meet the medical needs
909-20 of the resident, as documented in the resident's clinical
910-21 record by the resident's physician for medical reasons for
911-22 medical reasons;
912-23 (b) for the resident's physical safety;
913-24 (c) for the physical safety of other residents, the
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926+ SB3723 - 26 - LRB103 36302 CES 66400 b
927+1 admission; and
928+2 (18) the right not to be charged for any period during
929+3 which the resident was unlawfully denied residency.
930+4 (Source: P.A. 91-656, eff. 1-1-01.)
931+5 Section 10. The Nursing Home Care Act is amended by
932+6 changing Sections 1-111, 1-114.005, 1-128, 2-104, 2-111,
933+7 3-401, 3-401.1, 3-402, 3-404, 3-405, 3-410, 3-411, and 3-413
934+8 and by adding Sections 3-305.6 and 3-413.1 as follows:
935+9 (210 ILCS 45/1-111) (from Ch. 111 1/2, par. 4151-111)
936+10 Sec. 1-111. "Discharge" means the full release of any
937+11 resident from a facility. "Discharge" includes a nursing
938+12 facility's failure to readmit following hospitalization, other
939+13 medical leave, or other absence.
940+14 (Source: P.A. 81-223.)
941+15 (210 ILCS 45/1-114.005)
942+16 Sec. 1-114.005. High risk designation. "High risk
943+17 designation" means a violation of a provision of the Illinois
944+18 Administrative Code or statute that has been identified by the
945+19 Department through rulemaking or designated in statute to be
946+20 inherently necessary to protect the health, safety, and
947+21 welfare of a resident. "High risk designation" includes an
948+22 unlawful discharge of a resident.
949+23 (Source: P.A. 96-1372, eff. 7-29-10.)
914950
915951
916952
917953
918954
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920956
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924-1 facility staff or facility visitors; or
925-2 (d) for either late payment or nonpayment for the
926-3 resident's stay, except as prohibited by Titles XVIII and
927-4 XIX of the federal Social Security Act. For purposes of
928-5 this Section, "late payment" means non-receipt of payment
929-6 after submission of a bill. If payment is not received
930-7 within 45 days after submission of a bill, a facility may
931-8 send a notice to the resident and responsible party
932-9 requesting payment within 30 days. If payment is not
933-10 received within such 30 days, the facility may thereupon
934-11 institute transfer or discharge proceedings by sending a
935-12 notice of transfer or discharge to the resident and
936-13 responsible party by registered or certified mail. The
937-14 notice shall state, in addition to the requirements of
938-15 Section 3-403 of this Act, that the responsible party has
939-16 the right to pay the amount of the bill in full up to the
940-17 date the transfer or discharge is to be made and then the
941-18 resident shall have the right to remain in the facility.
942-19 Such payment shall terminate the transfer or discharge
943-20 proceedings. This subsection does not apply to those
944-21 residents whose care is provided for under the Illinois
945-22 Public Aid Code. The Department shall adopt rules setting
946-23 forth the criteria and procedures to be applied in cases
947-24 of involuntary transfer or discharge permitted under this
948-25 Section.
949-26 In the absence of other bases for transfer or discharge in
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959+ SB3723 - 27 - LRB103 36302 CES 66400 b
960+1 (210 ILCS 45/1-128) (from Ch. 111 1/2, par. 4151-128)
961+2 Sec. 1-128. "Transfer" means a change in status of a
962+3 resident's living arrangements from one facility to another
963+4 facility. "Transfer" includes a nursing facility's failure to
964+5 readmit a resident following hospitalization, other medical
965+6 leave, or other absence, resulting in the resident being moved
966+7 to another institutional setting.
967+8 (Source: P.A. 81-223.)
968+9 (210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104)
969+10 Sec. 2-104. (a) A resident shall be permitted to retain
970+11 the services of his own personal physician at his own expense
971+12 or under an individual or group plan of health insurance, or
972+13 under any public or private assistance program providing such
973+14 coverage. However, the facility is not liable for the
974+15 negligence of any such personal physician. Every resident
975+16 shall be permitted to obtain from his own physician or the
976+17 physician attached to the facility complete and current
977+18 information concerning his medical diagnosis, treatment and
978+19 prognosis in terms and language the resident can reasonably be
979+20 expected to understand. Every resident shall be permitted to
980+21 participate in the planning of his total care and medical
981+22 treatment to the extent that his condition permits. No
982+23 resident shall be subjected to experimental research or
983+24 treatment without first obtaining his informed, written
950984
951985
952986
953987
954988
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956990
957991
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959- SB3723 Engrossed - 28 - LRB103 36302 CES 66400 b
960-1 this Section, unless it has complied with the prior notice and
961-2 other procedural requirements of this Act, a facility may not
962-3 refuse to readmit a resident following a medical leave of
963-4 absence if the resident's need for care does not exceed the
964-5 provisions of the facility's license or current services
965-6 offered.
966-7 (Source: P.A. 91-357, eff. 7-29-99.)
967-8 (210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402)
968-9 Sec. 3-402. Involuntary transfer or discharge of a
969-10 resident from a facility shall be preceded by the discussion
970-11 required under Section 3-408 and by a minimum written notice
971-12 of 30 21 days, except in one of the following instances:
972-13 (a) When an emergency transfer or discharge is ordered by
973-14 the resident's attending physician because of the resident's
974-15 health care needs. The State Long Term Care Ombudsman shall be
975-16 notified at the time of the emergency transfer or discharge.
976-17 (b) When the transfer or discharge is mandated by the
977-18 physical safety of other residents, the facility staff, or
978-19 facility visitors, as documented in the clinical record. The
979-20 Department, the Office of State Long Term Care Ombudsman, and
980-21 the resident's managed care organization, if applicable, and
981-22 the State Long Term Care Ombudsman shall be notified prior to
982-23 any such involuntary transfer or discharge. The Department
983-24 shall immediately offer transfer, or discharge and relocation
984-25 assistance to residents transferred or discharged under this
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993+ SB3723 - 28 - LRB103 36302 CES 66400 b
994+1 consent. The conduct of any experimental research or treatment
995+2 shall be authorized and monitored by an institutional review
996+3 board appointed by the Director. The membership, operating
997+4 procedures and review criteria for the institutional review
998+5 board shall be prescribed under rules and regulations of the
999+6 Department and shall comply with the requirements for
1000+7 institutional review boards established by the federal Food
1001+8 and Drug Administration. No person who has received
1002+9 compensation in the prior 3 years from an entity that
1003+10 manufactures, distributes, or sells pharmaceuticals,
1004+11 biologics, or medical devices may serve on the institutional
1005+12 review board.
1006+13 The institutional review board may approve only research
1007+14 or treatment that meets the standards of the federal Food and
1008+15 Drug Administration with respect to (i) the protection of
1009+16 human subjects and (ii) financial disclosure by clinical
1010+17 investigators. The Office of State Long Term Care Ombudsman
1011+18 and the State Protection and Advocacy organization shall be
1012+19 given an opportunity to comment on any request for approval
1013+20 before the board makes a decision. Those entities shall not be
1014+21 provided information that would allow a potential human
1015+22 subject to be individually identified, unless the board asks
1016+23 the Ombudsman for help in securing information from or about
1017+24 the resident. The board shall require frequent reporting of
1018+25 the progress of the approved research or treatment and its
1019+26 impact on residents, including immediate reporting of any
9851020
9861021
9871022
9881023
9891024
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1025+ SB3723 - 28 - LRB103 36302 CES 66400 b
9911026
9921027
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994- SB3723 Engrossed - 29 - LRB103 36302 CES 66400 b
995-1 subparagraph (b), and the Department may place relocation
996-2 teams as provided in Section 3-419 of this Act.
997-3 (c) When an identified offender is within the provisional
998-4 admission period defined in Section 1-120.3. If the Identified
999-5 Offender Report and Recommendation prepared under Section
1000-6 2-201.6 shows that the identified offender poses a serious
1001-7 threat or danger to the physical safety of other residents,
1002-8 the facility staff, or facility visitors in the admitting
1003-9 facility and the facility determines that it is unable to
1004-10 provide a safe environment for the other residents, the
1005-11 facility staff, or facility visitors, the facility shall
1006-12 transfer or discharge the identified offender within 3 days
1007-13 after its receipt of the Identified Offender Report and
1008-14 Recommendation.
1009-15 (Source: P.A. 103-320, eff. 1-1-24.)
1010-16 (210 ILCS 45/3-404) (from Ch. 111 1/2, par. 4153-404)
1011-17 Sec. 3-404. A request for a hearing made under Section
1012-18 3-403 shall stay a transfer or discharge pending a hearing or
1013-19 appeal of the decision, unless a condition which would have
1014-20 allowed transfer or discharge in less than 30 21 days as
1015-21 described under paragraphs (a) and (b) of Section 3-402
1016-22 develops in the interim.
1017-23 (Source: P.A. 81-223.)
1018-24 (210 ILCS 45/3-405) (from Ch. 111 1/2, par. 4153-405)
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1029+ SB3723 - 29 - LRB103 36302 CES 66400 b
1030+1 adverse impact to the resident, the resident's representative,
1031+2 the Office of the State Long Term Care Ombudsman, and the State
1032+3 Protection and Advocacy organization. The board may not
1033+4 approve any retrospective study of the records of any resident
1034+5 about the safety or efficacy of any care or treatment if the
1035+6 resident was under the care of the proposed researcher or a
1036+7 business associate when the care or treatment was given,
1037+8 unless the study is under the control of a researcher without
1038+9 any business relationship to any person or entity who could
1039+10 benefit from the findings of the study.
1040+11 No facility shall permit experimental research or
1041+12 treatment to be conducted on a resident, or give access to any
1042+13 person or person's records for a retrospective study about the
1043+14 safety or efficacy of any care or treatment, without the prior
1044+15 written approval of the institutional review board. No nursing
1045+16 home administrator, or person licensed by the State to provide
1046+17 medical care or treatment to any person, may assist or
1047+18 participate in any experimental research on or treatment of a
1048+19 resident, including a retrospective study, that does not have
1049+20 the prior written approval of the board. Such conduct shall be
1050+21 grounds for professional discipline by the Department of
1051+22 Financial and Professional Regulation.
1052+23 The institutional review board may exempt from ongoing
1053+24 review research or treatment initiated on a resident before
1054+25 the individual's admission to a facility and for which the
1055+26 board determines there is adequate ongoing oversight by
10191056
10201057
10211058
10221059
10231060
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10251062
10261063
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1028- SB3723 Engrossed - 30 - LRB103 36302 CES 66400 b
1029-1 Sec. 3-405. A copy of the notice required by Section 3-402
1030-2 shall be placed in the resident's clinical record and a copy
1031-3 shall be transmitted to the Department, the State Long Term
1032-4 Care Ombudsman, the resident, and the resident's
1033-5 representative, if any, the resident's managed care
1034-6 organization, if applicable, and the Office of State Long Term
1035-7 Care Ombudsman.
1036-8 (Source: P.A. 103-320, eff. 1-1-24.)
1037-9 (210 ILCS 45/3-411) (from Ch. 111 1/2, par. 4153-411)
1038-10 Sec. 3-411. The Department of Public Health, when the
1039-11 basis for involuntary transfer or discharge is other than
1040-12 action by the Department of Healthcare and Family Services
1041-13 (formerly Department of Public Aid) with respect to the Title
1042-14 XIX Medicaid recipient, shall hold a hearing at the resident's
1043-15 facility not later than 10 days after a hearing request is
1044-16 filed, and render a decision within 14 days after the filing of
1045-17 the hearing request. The Department has continuing
1046-18 jurisdiction over the transfer or discharge irrespective of
1047-19 the timing of the hearing and decision. Once a request for a
1048-20 hearing is filed, the Department shall hold a hearing unless
1049-21 the request is withdrawn by the resident. If the request for a
1050-22 hearing is withdrawn based upon a representation made by the
1051-23 facility to the resident and the Department, including the
1052-24 hearing officer, that a resident who has been denied
1053-25 readmission will be readmitted, and the resident or resident
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1065+ SB3723 - 30 - LRB103 36302 CES 66400 b
1066+1 another institutional review board. Nothing in this Section
1067+2 shall prevent a facility, any facility employee, or any other
1068+3 person from assisting or participating in any experimental
1069+4 research on or treatment of a resident, if the research or
1070+5 treatment began before the person's admission to a facility,
1071+6 until the board has reviewed the research or treatment and
1072+7 decided to grant or deny approval or to exempt the research or
1073+8 treatment from ongoing review.
1074+9 The institutional review board requirements of this
1075+10 subsection (a) do not apply to investigational drugs,
1076+11 biological products, or devices used by a resident with a
1077+12 terminal illness as set forth in the Right to Try Act.
1078+13 (b) All medical treatment and procedures shall be
1079+14 administered as ordered by a physician. All new physician
1080+15 orders shall be reviewed by the facility's director of nursing
1081+16 or charge nurse designee within 24 hours after such orders
1082+17 have been issued to assure facility compliance with such
1083+18 orders.
1084+19 All physician's orders and plans of treatment shall have
1085+20 the authentication of the physician. For the purposes of this
1086+21 subsection (b), "authentication" means an original written
1087+22 signature or an electronic signature system that allows for
1088+23 the verification of a signer's credentials. A stamp signature,
1089+24 with or without initials, is not sufficient.
1090+25 According to rules adopted by the Department, every woman
1091+26 resident of child-bearing age shall receive routine
10541092
10551093
10561094
10571095
10581096
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10601098
10611099
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1064-1 representative notifies the Department that the facility is
1065-2 still denying readmission, failure to readmit is considered
1066-3 failure to comply with a Department order to readmit pursuant
1067-4 to Section 3-305.6, including the imposition of a fine under
1068-5 Section 3-305.6.
1069-6 (Source: P.A. 95-331, eff. 8-21-07.)
1070-7 (210 ILCS 45/3-413) (from Ch. 111 1/2, par. 4153-413)
1071-8 Sec. 3-413. If the Department determines that a transfer
1072-9 or discharge is authorized under Section 3-401, the resident
1073-10 shall not be required to leave the facility before the 34th day
1074-11 following receipt of the notice required under Section 3-402,
1075-12 or the 10th day following receipt of the Department's
1076-13 decision, whichever is later, unless a condition which would
1077-14 have allowed transfer or discharge in less than 30 21 days as
1078-15 described under paragraphs (a) and (b) of Section 3-402
1079-16 develops in the interim. The Department maintains jurisdiction
1080-17 over the transfer or discharge irrespective of the timing of
1081-18 the notice and discharge.
1082-19 (Source: P.A. 81-223.)
1083-20 (210 ILCS 45/3-413.1 new)
1084-21 Sec. 3-413.1. Denial of transfer or discharge. If the
1085-22 Department determines that a transfer or discharge is not
1086-23 authorized under Section 3-401, then the Department shall
1087-24 issue a written decision stating that the transfer or
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1101+ SB3723 - 31 - LRB103 36302 CES 66400 b
1102+1 obstetrical and gynecological evaluations as well as necessary
1103+2 prenatal care.
1104+3 (c) Every resident shall be permitted to refuse medical
1105+4 treatment and to know the consequences of such action, unless
1106+5 such refusal would be harmful to the health and safety of
1107+6 others and such harm is documented by a physician in the
1108+7 resident's clinical record. The resident's refusal shall free
1109+8 the facility from the obligation to provide the treatment. If
1110+9 a resident's refusal of treatment does not endanger other
1111+10 residents or staff, then the refusal of treatment is not
1112+11 grounds for discharge.
1113+12 (d) Every resident, resident's guardian, or parent if the
1114+13 resident is a minor shall be permitted to inspect and copy all
1115+14 his clinical and other records concerning his care and
1116+15 maintenance kept by the facility or by his physician. The
1117+16 facility may charge a reasonable fee for duplication of a
1118+17 record.
1119+18 (Source: P.A. 99-270, eff. 1-1-16.)
1120+19 (210 ILCS 45/2-111) (from Ch. 111 1/2, par. 4152-111)
1121+20 Sec. 2-111. A resident shall not be transferred or
1122+21 discharged in violation of this Act. A resident may not be
1123+22 charged for any period during which the resident was
1124+23 unlawfully denied the right to reside in a facility. A
1125+24 resident may be discharged from a facility after he gives the
1126+25 administrator, a physician, or a nurse of the facility written
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1137+1 notice of his desire to be discharged. If a guardian has been
1138+2 appointed for a resident or if the resident is a minor, the
1139+3 resident shall be discharged upon written consent of his
1140+4 guardian or if the resident is a minor, his parent unless there
1141+5 is a court order to the contrary. In such cases, upon the
1142+6 resident's discharge, the facility is relieved from any
1143+7 responsibility for the resident's care, safety or well-being.
1144+8 A resident has the right to not be unlawfully transferred or
1145+9 discharged. An unlawful transfer or discharge is, at minimum,
1146+10 a Type A violation.
1147+11 (Source: P.A. 81-223.)
1148+12 (210 ILCS 45/3-305.6 new)
1149+13 Sec. 3-305.6. Failure to readmit a resident. A facility
1150+14 that fails to comply with an order of the Department to readmit
1151+15 a resident who wishes to return to the facility and is
1152+16 appropriate for that level of care, shall be assessed a fine in
1153+17 accordance with a Type A violation. Additionally, a daily fine
1154+18 of $1,250 beginning on the third day after the readmission
1155+19 order was issued by the Department shall be assessed. This
1156+20 fine shall be imposed for every day thereafter, until the
1157+21 facility notifies the Department that it is in compliance with
1158+22 the order and a surveyor conducts an on-site inspection that
1159+23 confirms compliance or the resident or resident's
1160+24 representative confirms to the Department in writing that
1161+25 there is compliance.
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1172+1 As used in this Section, "compliance with the order" means
1173+2 a resident is living in a facility, or a facility and a
1174+3 resident have agreed on a schedule for readmission. If a
1175+4 resident subsequently notifies the Department that a facility
1176+5 is not complying with an agreed-upon schedule, a surveyor
1177+6 shall make an on-site inspection to determine compliance.
1178+7 (210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401)
1179+8 Sec. 3-401. A facility may involuntarily transfer or
1180+9 discharge a resident only for one or more of the following
1181+10 reasons:
1182+11 (a) the facility is unable to meet the medical needs
1183+12 of the resident, as documented in the resident's clinical
1184+13 record by the resident's physician for medical reasons for
1185+14 medical reasons;
1186+15 (b) for the resident's physical safety;
1187+16 (c) for the physical safety of other residents, the
1188+17 facility staff or facility visitors; or
1189+18 (d) for either late payment or nonpayment for the
1190+19 resident's stay, except as prohibited by Titles XVIII and
1191+20 XIX of the federal Social Security Act. For purposes of
1192+21 this Section, "late payment" means non-receipt of payment
1193+22 after submission of a bill. If payment is not received
1194+23 within 45 days after submission of a bill, a facility may
1195+24 send a notice to the resident and responsible party
1196+25 requesting payment within 30 days. If payment is not
1197+
1198+
1199+
1200+
1201+
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1204+
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1207+1 received within such 30 days, the facility may thereupon
1208+2 institute transfer or discharge proceedings by sending a
1209+3 notice of transfer or discharge to the resident and
1210+4 responsible party by registered or certified mail. The
1211+5 notice shall state, in addition to the requirements of
1212+6 Section 3-403 of this Act, that the responsible party has
1213+7 the right to pay the amount of the bill in full up to the
1214+8 date the transfer or discharge is to be made and then the
1215+9 resident shall have the right to remain in the facility.
1216+10 Such payment shall terminate the transfer or discharge
1217+11 proceedings. This subsection does not apply to those
1218+12 residents whose care is provided for under the Illinois
1219+13 Public Aid Code. The Department shall adopt rules setting
1220+14 forth the criteria and procedures to be applied in cases
1221+15 of involuntary transfer or discharge permitted under this
1222+16 Section.
1223+17 In nonemergency situations, prior to issuing the notice of
1224+18 transfer or discharge of a resident under subsection (a), (b),
1225+19 or (c) of this Section, an attending physician shall conduct
1226+20 an in-person assessment and provide an explanation that in the
1227+21 physician's medical opinion, the safety threshold under the
1228+22 Act and the federal regulations has or has not been breached
1229+23 with the findings documented in the resident's clinical
1230+24 record. When the resident has the resident's own physician,
1231+25 that physician and not a physician working for the facility
1232+26 should be the physician that conducts the in-person assessment
1233+
1234+
1235+
1236+
1237+
1238+ SB3723 - 34 - LRB103 36302 CES 66400 b
1239+
1240+
1241+SB3723- 35 -LRB103 36302 CES 66400 b SB3723 - 35 - LRB103 36302 CES 66400 b
1242+ SB3723 - 35 - LRB103 36302 CES 66400 b
1243+1 of the resident. In the absence of other bases for transfer or
1244+2 discharge in this Section, unless it has complied with the
1245+3 prior notice and other procedural requirements of this Act, a
1246+4 facility may not refuse to readmit a resident following a
1247+5 medical leave of absence if the resident's need for care does
1248+6 not exceed the provisions of the facility's license.
1249+7 (Source: P.A. 91-357, eff. 7-29-99.)
1250+8 (210 ILCS 45/3-401.1) (from Ch. 111 1/2, par. 4153-401.1)
1251+9 Sec. 3-401.1. (a) A facility participating in the Medical
1252+10 Assistance Program is prohibited from failing or refusing to
1253+11 retain as a resident any person because he or she is a
1254+12 recipient of or an applicant for the Medical Assistance
1255+13 Program. A resident who is in the process of appealing the
1256+14 denial of his or her application for the Medical Assistance
1257+15 Program is considered to be a Medicaid applicant under this
1258+16 Section.
1259+17 (a-5) After the effective date of this amendatory Act of
1260+18 1997, a facility of which only a distinct part is certified to
1261+19 participate in the Medical Assistance Program may refuse to
1262+20 retain as a resident any person who resides in a part of the
1263+21 facility that does not participate in the Medical Assistance
1264+22 Program and who is unable to pay for his or her care in the
1265+23 facility without Medical Assistance only if:
1266+24 (1) the facility, no later than at the time of
1267+25 admission and at the time of the resident's contract
1268+
1269+
1270+
1271+
1272+
1273+ SB3723 - 35 - LRB103 36302 CES 66400 b
1274+
1275+
1276+SB3723- 36 -LRB103 36302 CES 66400 b SB3723 - 36 - LRB103 36302 CES 66400 b
1277+ SB3723 - 36 - LRB103 36302 CES 66400 b
1278+1 renewal, explains to the resident (unless he or she is
1279+2 incompetent), and to the resident's representative, and to
1280+3 the person making payment on behalf of the resident for
1281+4 the resident's stay, in writing, that the facility may
1282+5 discharge the resident if the resident is no longer able
1283+6 to pay for his or her care in the facility without Medical
1284+7 Assistance;
1285+8 (2) the resident (unless he or she is incompetent),
1286+9 the resident's representative, and the person making
1287+10 payment on behalf of the resident for the resident's stay,
1288+11 acknowledge in writing that they have received the written
1289+12 explanation.
1290+13 (a-10) For the purposes of this Section, a recipient or
1291+14 applicant shall be considered a resident in the facility
1292+15 during any hospital stay totaling 10 days or less following a
1293+16 hospital admission. The Department of Healthcare and Family
1294+17 Services shall recoup funds from a facility when, as a result
1295+18 of the facility's refusal to readmit a recipient after
1296+19 hospitalization for 10 days or less, the recipient incurs
1297+20 hospital bills in an amount greater than the amount that would
1298+21 have been paid by that Department (formerly the Illinois
1299+22 Department of Public Aid) for care of the recipient in the
1300+23 facility. The amount of the recoupment shall be the difference
1301+24 between the Department of Healthcare and Family Services'
1302+25 (formerly the Illinois Department of Public Aid's) payment for
1303+26 hospital care and the amount that Department would have paid
1304+
1305+
1306+
1307+
1308+
1309+ SB3723 - 36 - LRB103 36302 CES 66400 b
1310+
1311+
1312+SB3723- 37 -LRB103 36302 CES 66400 b SB3723 - 37 - LRB103 36302 CES 66400 b
1313+ SB3723 - 37 - LRB103 36302 CES 66400 b
1314+1 for care in the facility.
1315+2 (b) A facility which violates this Section shall be guilty
1316+3 of a business offense and fined not less than $500 nor more
1317+4 than $1,000 for the first offense and not less than $1,000 nor
1318+5 more than $5,000 for each subsequent offense.
1319+6 (Source: P.A. 95-331, eff. 8-21-07.)
1320+7 (210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402)
1321+8 Sec. 3-402. Involuntary transfer or discharge of a
1322+9 resident from a facility shall be preceded by the discussion
1323+10 required under Section 3-408 and by a minimum written notice
1324+11 of 30 21 days, except in one of the following instances:
1325+12 (a) When the resident's attending physician has completed
1326+13 an assessment and determines the resident should be discharged
1327+14 because of the resident's health care needs, an emergency
1328+15 discharge may be ordered. When an emergency transfer or
1329+16 discharge is ordered by the resident's attending physician
1330+17 because of the resident's health care needs. The State Long
1331+18 Term Care Ombudsman shall be notified at the time of the
1332+19 emergency transfer or discharge.
1333+20 (b) When the transfer or discharge is mandated by the
1334+21 physical safety of other residents, the facility staff, or
1335+22 facility visitors, as documented in the clinical record. The
1336+23 Department, the Office of State Long Term Care Ombudsman, and
1337+24 the resident's managed care organization, if applicable, and
1338+25 the State Long Term Care Ombudsman shall be notified prior to
1339+
1340+
1341+
1342+
1343+
1344+ SB3723 - 37 - LRB103 36302 CES 66400 b
1345+
1346+
1347+SB3723- 38 -LRB103 36302 CES 66400 b SB3723 - 38 - LRB103 36302 CES 66400 b
1348+ SB3723 - 38 - LRB103 36302 CES 66400 b
1349+1 any such involuntary transfer or discharge. The Department
1350+2 shall immediately offer transfer, or discharge and relocation
1351+3 assistance to residents transferred or discharged under this
1352+4 subparagraph (b), and the Department may place relocation
1353+5 teams as provided in Section 3-419 of this Act.
1354+6 (c) When an identified offender is within the provisional
1355+7 admission period defined in Section 1-120.3. If the Identified
1356+8 Offender Report and Recommendation prepared under Section
1357+9 2-201.6 shows that the identified offender poses a serious
1358+10 threat or danger to the physical safety of other residents,
1359+11 the facility staff, or facility visitors in the admitting
1360+12 facility and the facility determines that it is unable to
1361+13 provide a safe environment for the other residents, the
1362+14 facility staff, or facility visitors, the facility shall
1363+15 transfer or discharge the identified offender within 3 days
1364+16 after its receipt of the Identified Offender Report and
1365+17 Recommendation.
1366+18 (Source: P.A. 103-320, eff. 1-1-24.)
1367+19 (210 ILCS 45/3-404) (from Ch. 111 1/2, par. 4153-404)
1368+20 Sec. 3-404. A request for a hearing made under Section
1369+21 3-403 shall stay a transfer or discharge pending a hearing or
1370+22 appeal of the decision, unless a condition which would have
1371+23 allowed transfer or discharge in less than 30 21 days as
1372+24 described under paragraphs (a) and (b) of Section 3-402
1373+25 develops in the interim.
1374+
1375+
1376+
1377+
1378+
1379+ SB3723 - 38 - LRB103 36302 CES 66400 b
1380+
1381+
1382+SB3723- 39 -LRB103 36302 CES 66400 b SB3723 - 39 - LRB103 36302 CES 66400 b
1383+ SB3723 - 39 - LRB103 36302 CES 66400 b
1384+1 (Source: P.A. 81-223.)
1385+2 (210 ILCS 45/3-405) (from Ch. 111 1/2, par. 4153-405)
1386+3 Sec. 3-405. A copy of the notice required by Section 3-402
1387+4 shall be placed in the resident's clinical record and a copy
1388+5 shall be transmitted to the Department, the State Long Term
1389+6 Care Ombudsman, the resident, and the resident's
1390+7 representative, if any, the resident's managed care
1391+8 organization, if applicable, and the Office of State Long Term
1392+9 Care Ombudsman.
1393+10 (Source: P.A. 103-320, eff. 1-1-24.)
1394+11 (210 ILCS 45/3-410) (from Ch. 111 1/2, par. 4153-410)
1395+12 Sec. 3-410. A resident subject to involuntary transfer or
1396+13 discharge from a facility, the resident's guardian or if the
1397+14 resident is a minor, his parent shall have the opportunity to
1398+15 file a request for a hearing with the Department within 10 days
1399+16 following receipt of the written notice of the involuntary
1400+17 transfer or discharge by the facility. A long term care
1401+18 ombudsman may request a hearing on behalf of the resident, and
1402+19 secure representation for the resident, if, in the judgment of
1403+20 the long term care ombudsman, doing so is in the best interests
1404+21 of the resident, and the resident does not object.
1405+22 (Source: P.A. 81-223.)
1406+23 (210 ILCS 45/3-411) (from Ch. 111 1/2, par. 4153-411)
1407+
1408+
1409+
1410+
1411+
1412+ SB3723 - 39 - LRB103 36302 CES 66400 b
1413+
1414+
1415+SB3723- 40 -LRB103 36302 CES 66400 b SB3723 - 40 - LRB103 36302 CES 66400 b
1416+ SB3723 - 40 - LRB103 36302 CES 66400 b
1417+1 Sec. 3-411. The Department of Public Health, when the
1418+2 basis for involuntary transfer or discharge is other than
1419+3 action by the Department of Healthcare and Family Services
1420+4 (formerly Department of Public Aid) with respect to the Title
1421+5 XIX Medicaid recipient, shall hold a hearing at the resident's
1422+6 facility not later than 10 days after a hearing request is
1423+7 filed, and render a decision within 14 days after the filing of
1424+8 the hearing request. The Department has continuing
1425+9 jurisdiction over the transfer or discharge irrespective of
1426+10 the timing of the hearing and decision. Once a request for a
1427+11 hearing is filed, the Department shall hold a hearing unless
1428+12 the request is withdrawn by the resident. If the request for a
1429+13 hearing is withdrawn based upon a representation made by the
1430+14 facility to the resident and the Department, including the
1431+15 hearing officer, that a resident who has been denied
1432+16 readmission will be readmitted, and the resident or resident
1433+17 representative notifies the Department that the facility is
1434+18 still denying readmission, failure to readmit is considered
1435+19 failure to comply with a Department order to readmit pursuant
1436+20 to Section 3-305.6, including the imposition of a daily fine
1437+21 under Section 3-305.6.
1438+22 (Source: P.A. 95-331, eff. 8-21-07.)
1439+23 (210 ILCS 45/3-413) (from Ch. 111 1/2, par. 4153-413)
1440+24 Sec. 3-413. If the Department determines that a transfer
1441+25 or discharge is authorized under Section 3-401, the resident
1442+
1443+
1444+
1445+
1446+
1447+ SB3723 - 40 - LRB103 36302 CES 66400 b
1448+
1449+
1450+SB3723- 41 -LRB103 36302 CES 66400 b SB3723 - 41 - LRB103 36302 CES 66400 b
1451+ SB3723 - 41 - LRB103 36302 CES 66400 b
1452+1 shall not be required to leave the facility before the 34th day
1453+2 following receipt of the notice required under Section 3-402,
1454+3 or the 10th day following receipt of the Department's
1455+4 decision, whichever is later, unless a condition which would
1456+5 have allowed transfer or discharge in less than 30 21 days as
1457+6 described under paragraphs (a) and (b) of Section 3-402
1458+7 develops in the interim. The Department maintains jurisdiction
1459+8 over the transfer or discharge irrespective of the timing of
1460+9 the notice and discharge.
1461+10 (Source: P.A. 81-223.)
1462+11 (210 ILCS 45/3-413.1 new)
1463+12 Sec. 3-413.1. Denial of transfer or discharge. If the
1464+13 Department determines that a transfer or discharge is not
1465+14 authorized under Section 3-401, then the Department shall
1466+15 issue a written decision stating that the transfer or
1467+16 discharge is denied. If the action of the facility giving rise
1468+17 to the request for hearings is the facility's failure to
1469+18 readmit the resident following hospitalization, other medical
1470+19 leave of absence, or other absence, then the Department shall
1471+20 order the immediate readmission of the resident to the
1472+21 facility. The facility shall comply with the order
1473+22 immediately. A surveyor shall make an on-site inspection of
1474+23 the facility's compliance with the order unless the resident
1475+24 or resident representative notifies the Department in writing
1476+25 that there is compliance.
1477+SB3723- 42 -LRB103 36302 CES 66400 b 1 INDEX 2 Statutes amended in order of appearance SB3723- 42 -LRB103 36302 CES 66400 b SB3723 - 42 - LRB103 36302 CES 66400 b 1 INDEX 2 Statutes amended in order of appearance
1478+SB3723- 42 -LRB103 36302 CES 66400 b SB3723 - 42 - LRB103 36302 CES 66400 b
1479+ SB3723 - 42 - LRB103 36302 CES 66400 b
1480+1 INDEX
1481+2 Statutes amended in order of appearance
1482+
1483+
1484+
1485+
1486+
1487+ SB3723 - 41 - LRB103 36302 CES 66400 b
1488+
1489+
1490+
1491+SB3723- 42 -LRB103 36302 CES 66400 b SB3723 - 42 - LRB103 36302 CES 66400 b
1492+ SB3723 - 42 - LRB103 36302 CES 66400 b
1493+1 INDEX
1494+2 Statutes amended in order of appearance
1495+
1496+
1497+
1498+
1499+
1500+ SB3723 - 42 - LRB103 36302 CES 66400 b