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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Assisted Living and Shared Housing Act is
5 amended by changing Sections 10, 15, 75, 80, 90, and 95 as
6 follows:
7 (210 ILCS 9/10)
8 Sec. 10. Definitions. For purposes of this Act:
9 "Activities of daily living" means eating, dressing,
10 bathing, toileting, transferring, or personal hygiene.
11 "Assisted living establishment" or "establishment" means a
12 home, building, residence, or any other place where sleeping
13 accommodations are provided for at least 3 unrelated adults,
14 at least 80% of whom are 55 years of age or older and where the
15 following are provided consistent with the purposes of this
16 Act:
17 (1) services consistent with a social model that is
18 based on the premise that the resident's unit in assisted
19 living and shared housing is his or her own home;
20 (2) community-based residential care for persons who
21 need assistance with activities of daily living, including
22 personal, supportive, and intermittent health-related
23 services available 24 hours per day, if needed, to meet
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1 the scheduled and unscheduled needs of a resident;
2 (3) mandatory services, whether provided directly by
3 the establishment or by another entity arranged for by the
4 establishment, with the consent of the resident or
5 resident's representative; and
6 (4) a physical environment that is a homelike setting
7 that includes the following and such other elements as
8 established by the Department: individual living units
9 each of which shall accommodate small kitchen appliances
10 and contain private bathing, washing, and toilet
11 facilities, or private washing and toilet facilities with
12 a common bathing room readily accessible to each resident.
13 Units shall be maintained for single occupancy except in
14 cases in which 2 residents choose to share a unit.
15 Sufficient common space shall exist to permit individual
16 and group activities.
17 "Assisted living establishment" or "establishment" does
18 not mean any of the following:
19 (1) A home, institution, or similar place operated by
20 the federal government or the State of Illinois.
21 (2) A long term care facility licensed under the
22 Nursing Home Care Act, a facility licensed under the
23 Specialized Mental Health Rehabilitation Act of 2013, a
24 facility licensed under the ID/DD Community Care Act, or a
25 facility licensed under the MC/DD Act. However, a facility
26 licensed under any of those Acts may convert distinct
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1 parts of the facility to assisted living. If the facility
2 elects to do so, the facility shall retain the Certificate
3 of Need for its nursing and sheltered care beds that were
4 converted.
5 (3) A hospital, sanitarium, or other institution, the
6 principal activity or business of which is the diagnosis,
7 care, and treatment of human illness and that is required
8 to be licensed under the Hospital Licensing Act.
9 (4) A facility for child care as defined in the Child
10 Care Act of 1969.
11 (5) A community living facility as defined in the
12 Community Living Facilities Licensing Act.
13 (6) A nursing home or sanitarium operated solely by
14 and for persons who rely exclusively upon treatment by
15 spiritual means through prayer in accordance with the
16 creed or tenants of a well-recognized church or religious
17 denomination.
18 (7) A facility licensed by the Department of Human
19 Services as a community-integrated living arrangement as
20 defined in the Community-Integrated Living Arrangements
21 Licensure and Certification Act.
22 (8) A supportive residence licensed under the
23 Supportive Residences Licensing Act.
24 (9) The portion of a life care facility as defined in
25 the Life Care Facilities Act not licensed as an assisted
26 living establishment under this Act; a life care facility
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1 may apply under this Act to convert sections of the
2 community to assisted living.
3 (10) A free-standing hospice facility licensed under
4 the Hospice Program Licensing Act.
5 (11) A shared housing establishment.
6 (12) A supportive living facility as described in
7 Section 5-5.01a of the Illinois Public Aid Code.
8 "Department" means the Department of Public Health.
9 "Director" means the Director of Public Health.
10 "Emergency situation" means imminent danger of death or
11 serious physical harm to a resident of an establishment.
12 "License" means any of the following types of licenses
13 issued to an applicant or licensee by the Department:
14 (1) "Probationary license" means a license issued to
15 an applicant or licensee that has not held a license under
16 this Act prior to its application or pursuant to a license
17 transfer in accordance with Section 50 of this Act.
18 (2) "Regular license" means a license issued by the
19 Department to an applicant or licensee that is in
20 substantial compliance with this Act and any rules
21 promulgated under this Act.
22 "Licensee" means a person, agency, association,
23 corporation, partnership, or organization that has been issued
24 a license to operate an assisted living or shared housing
25 establishment.
26 "Licensed health care professional" means a registered
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1 professional nurse, an advanced practice registered nurse, a
2 physician assistant, and a licensed practical nurse.
3 "Mandatory services" include the following:
4 (1) 3 meals per day available to the residents
5 prepared by the establishment or an outside contractor;
6 (2) housekeeping services including, but not limited
7 to, vacuuming, dusting, and cleaning the resident's unit;
8 (3) personal laundry and linen services available to
9 the residents provided or arranged for by the
10 establishment;
11 (4) security provided 24 hours each day including, but
12 not limited to, locked entrances or building or contract
13 security personnel;
14 (5) an emergency communication response system, which
15 is a procedure in place 24 hours each day by which a
16 resident can notify building management, an emergency
17 response vendor, or others able to respond to his or her
18 need for assistance; and
19 (6) assistance with activities of daily living as
20 required by each resident.
21 "Negotiated risk" is the process by which a resident, or
22 his or her representative, may formally negotiate with
23 providers what risks each are willing and unwilling to assume
24 in service provision and the resident's living environment.
25 The provider assures that the resident and the resident's
26 representative, if any, are informed of the risks of these
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1 decisions and of the potential consequences of assuming these
2 risks.
3 "Owner" means the individual, partnership, corporation,
4 association, or other person who owns an assisted living or
5 shared housing establishment. In the event an assisted living
6 or shared housing establishment is operated by a person who
7 leases or manages the physical plant, which is owned by
8 another person, "owner" means the person who operates the
9 assisted living or shared housing establishment, except that
10 if the person who owns the physical plant is an affiliate of
11 the person who operates the assisted living or shared housing
12 establishment and has significant control over the day to day
13 operations of the assisted living or shared housing
14 establishment, the person who owns the physical plant shall
15 incur jointly and severally with the owner all liabilities
16 imposed on an owner under this Act.
17 "Physician" means a person licensed under the Medical
18 Practice Act of 1987 to practice medicine in all of its
19 branches.
20 "Resident" means a person residing in an assisted living
21 or shared housing establishment.
22 "Resident's representative" means a person, other than the
23 owner, agent, or employee of an establishment or of the health
24 care provider unless related to the resident, designated in
25 writing by a resident or a court to be his or her
26 representative. This designation may be accomplished through
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1 the Illinois Power of Attorney Act, pursuant to the
2 guardianship process under the Probate Act of 1975, or
3 pursuant to an executed designation of representative form
4 specified by the Department.
5 "Self" means the individual or the individual's designated
6 representative.
7 "Shared housing establishment" or "establishment" means a
8 publicly or privately operated free-standing residence for 16
9 or fewer persons, at least 80% of whom are 55 years of age or
10 older and who are unrelated to the owners and one manager of
11 the residence, where the following are provided:
12 (1) services consistent with a social model that is
13 based on the premise that the resident's unit is his or her
14 own home;
15 (2) community-based residential care for persons who
16 need assistance with activities of daily living, including
17 housing and personal, supportive, and intermittent
18 health-related services available 24 hours per day, if
19 needed, to meet the scheduled and unscheduled needs of a
20 resident; and
21 (3) mandatory services, whether provided directly by
22 the establishment or by another entity arranged for by the
23 establishment, with the consent of the resident or the
24 resident's representative.
25 "Shared housing establishment" or "establishment" does not
26 mean any of the following:
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1 (1) A home, institution, or similar place operated by
2 the federal government or the State of Illinois.
3 (2) A long term care facility licensed under the
4 Nursing Home Care Act, a facility licensed under the
5 Specialized Mental Health Rehabilitation Act of 2013, a
6 facility licensed under the ID/DD Community Care Act, or a
7 facility licensed under the MC/DD Act. A facility licensed
8 under any of those Acts may, however, convert sections of
9 the facility to assisted living. If the facility elects to
10 do so, the facility shall retain the Certificate of Need
11 for its nursing beds that were converted.
12 (3) A hospital, sanitarium, or other institution, the
13 principal activity or business of which is the diagnosis,
14 care, and treatment of human illness and that is required
15 to be licensed under the Hospital Licensing Act.
16 (4) A facility for child care as defined in the Child
17 Care Act of 1969.
18 (5) A community living facility as defined in the
19 Community Living Facilities Licensing Act.
20 (6) A nursing home or sanitarium operated solely by
21 and for persons who rely exclusively upon treatment by
22 spiritual means through prayer in accordance with the
23 creed or tenants of a well-recognized church or religious
24 denomination.
25 (7) A facility licensed by the Department of Human
26 Services as a community-integrated living arrangement as
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1 defined in the Community-Integrated Living Arrangements
2 Licensure and Certification Act.
3 (8) A supportive residence licensed under the
4 Supportive Residences Licensing Act.
5 (9) A life care facility as defined in the Life Care
6 Facilities Act; a life care facility may apply under this
7 Act to convert sections of the community to assisted
8 living.
9 (10) A free-standing hospice facility licensed under
10 the Hospice Program Licensing Act.
11 (11) An assisted living establishment.
12 (12) A supportive living facility as described in
13 Section 5-5.01a of the Illinois Public Aid Code.
14 "Total assistance" means that staff or another individual
15 performs the entire activity of daily living without
16 participation by the resident.
17 (Source: P.A. 99-180, eff. 7-29-15; 100-513, eff. 1-1-18.)
18 (210 ILCS 9/15)
19 Sec. 15. Assessment and service plan requirements. Prior
20 to admission to any establishment covered by this Act, a
21 comprehensive assessment that includes an evaluation of the
22 prospective resident's physical, cognitive, and psychosocial
23 condition shall be completed. At least annually, a
24 comprehensive assessment shall be completed, and upon
25 identification of a significant change in the resident's
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1 condition, including, but not limited to, a diagnosis of
2 Alzheimer's disease or a related dementia, the resident shall
3 be reassessed. The Department may by rule specify
4 circumstances under which more frequent assessments of skin
5 integrity and nutritional status shall be required. The
6 comprehensive assessment shall be completed by a physician.
7 Based on the assessment, the resident's interests and
8 preferences, dislikes, and any known triggers for behavior
9 that endangers the resident or others, a written service plan
10 shall be developed and mutually agreed upon by the provider,
11 and the resident, and the resident's representative, if any.
12 The service plan, which shall be reviewed annually, or more
13 often as the resident's condition, preferences, or service
14 needs change, shall serve as a basis for the service delivery
15 contract between the provider and the resident. The resident
16 and the resident's representative, if any, shall, upon
17 request, be given a copy of the most recent assessment; a
18 supplemental assessment, if any, completed by the
19 establishment; and a service plan. Based on the assessment,
20 the service plan may provide for the disconnection or removal
21 of any appliance.
22 (Source: P.A. 91-656, eff. 1-1-01.)
23 (210 ILCS 9/75)
24 Sec. 75. Residency requirements.
25 (a) No individual shall be accepted for residency or
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1 remain in residence if the establishment cannot provide or
2 secure appropriate services, if the individual requires a
3 level of service or type of service for which the
4 establishment is not licensed or which the establishment does
5 not provide, or if the establishment does not have the staff
6 appropriate in numbers and with appropriate skill to provide
7 such services.
8 (b) Only adults may be accepted for residency.
9 (c) A person shall not be accepted for residency if:
10 (1) the person poses a serious threat to himself or
11 herself or to others;
12 (2) the person is not able to communicate his or her
13 needs and no resident representative residing in the
14 establishment, and with a prior relationship to the
15 person, has been appointed to direct the provision of
16 services;
17 (3) the person requires total assistance with 2 or
18 more activities of daily living;
19 (4) the person requires the assistance of more than
20 one paid caregiver at any given time with an activity of
21 daily living;
22 (5) the person requires more than minimal assistance
23 in moving to a safe area in an emergency;
24 (6) the person has a severe mental illness, which for
25 the purposes of this Section means a condition that is
26 characterized by the presence of a major mental disorder
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1 as classified in the Diagnostic and Statistical Manual of
2 Mental Disorders, Fourth Edition (DSM-IV) (American
3 Psychiatric Association, 1994), where the individual is a
4 person with a substantial disability due to mental illness
5 in the areas of self-maintenance, social functioning,
6 activities of community living and work skills, and the
7 disability specified is expected to be present for a
8 period of not less than one year, but does not mean
9 Alzheimer's disease and other forms of dementia based on
10 organic or physical disorders;
11 (7) the person requires intravenous therapy or
12 intravenous feedings unless self-administered or
13 administered by a qualified, licensed health care
14 professional;
15 (8) the person requires gastrostomy feedings unless
16 self-administered or administered by a licensed health
17 care professional;
18 (9) the person requires insertion, sterile irrigation,
19 and replacement of catheter, except for routine
20 maintenance of urinary catheters, unless the catheter care
21 is self-administered or administered by a licensed health
22 care professional;
23 (10) the person requires sterile wound care unless
24 care is self-administered or administered by a licensed
25 health care professional;
26 (11) (blank);
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1 (12) the person is a diabetic requiring routine
2 insulin injections unless the injections are
3 self-administered or administered by a licensed health
4 care professional;
5 (13) the person requires treatment of stage 3 or stage
6 4 decubitus ulcers or exfoliative dermatitis;
7 (14) the person requires 5 or more skilled nursing
8 visits per week for conditions other than those listed in
9 items (13) and (15) of this subsection for a period of 3
10 consecutive weeks or more except when the course of
11 treatment is expected to extend beyond a 3 week period for
12 rehabilitative purposes and is certified as temporary by a
13 physician; or
14 (15) other reasons prescribed by the Department by
15 rule.
16 (d) A resident with a condition listed in items (1)
17 through (15) of subsection (c) shall have his or her residency
18 terminated.
19 (e) Residency shall be terminated when services available
20 to the resident in the establishment are no longer adequate to
21 meet the needs of the resident. The establishment shall notify
22 the resident and the resident's representative, if any, when
23 there is a significant change in the resident's condition that
24 affects the establishment's ability to meet the resident's
25 needs. The requirements of subsection (c) of Section 80 shall
26 then apply. This provision shall not be interpreted as
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1 limiting the authority of the Department to require the
2 residency termination of individuals.
3 (f) Subsection (d) of this Section shall not apply to
4 terminally ill residents who receive or would qualify for
5 hospice care and such care is coordinated by a hospice program
6 licensed under the Hospice Program Licensing Act or other
7 licensed health care professional employed by a licensed home
8 health agency and the establishment and all parties agree to
9 the continued residency.
10 (g) Items (3), (4), (5), and (9) of subsection (c) shall
11 not apply to a quadriplegic, paraplegic, or individual with
12 neuro-muscular diseases, such as muscular dystrophy and
13 multiple sclerosis, or other chronic diseases and conditions
14 as defined by rule if the individual is able to communicate his
15 or her needs and does not require assistance with complex
16 medical problems, and the establishment is able to accommodate
17 the individual's needs. The Department shall prescribe rules
18 pursuant to this Section that address special safety and
19 service needs of these individuals.
20 (h) For the purposes of items (7) through (10) of
21 subsection (c), a licensed health care professional may not be
22 employed by the owner or operator of the establishment, its
23 parent entity, or any other entity with ownership common to
24 either the owner or operator of the establishment or parent
25 entity, including but not limited to an affiliate of the owner
26 or operator of the establishment. Nothing in this Section is
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1 meant to limit a resident's right to choose his or her health
2 care provider.
3 (i) Subsection (h) is not applicable to residents admitted
4 to an assisted living establishment under a life care contract
5 as defined in the Life Care Facilities Act if the life care
6 facility has both an assisted living establishment and a
7 skilled nursing facility. A licensed health care professional
8 providing health-related or supportive services at a life care
9 assisted living or shared housing establishment must be
10 employed by an entity licensed by the Department under the
11 Nursing Home Care Act or the Home Health, Home Services, and
12 Home Nursing Agency Licensing Act.
13 (Source: P.A. 103-444, eff. 1-1-24.)
14 (210 ILCS 9/80)
15 Sec. 80. Involuntary termination of residency.
16 (a) Residency shall be involuntarily terminated only for
17 the following reasons:
18 (1) as provided in Section 75 of this Act;
19 (2) nonpayment of contracted charges after the
20 resident and the resident's representative have received a
21 minimum of 30 days' 30-days written notice of the
22 delinquency and the resident or the resident's
23 representative has had at least 15 days to cure the
24 delinquency; or
25 (3) failure to execute a service delivery contract or
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1 to substantially comply with its terms and conditions,
2 failure to comply with the assessment requirements
3 contained in Section 15, or failure to substantially
4 comply with the terms and conditions of the lease
5 agreement.
6 (b) A 30-day 30 day written notice of residency
7 termination shall be provided to the resident, the resident's
8 representative, or both, the Department, and the long term
9 care ombudsman, which shall include the reason for the pending
10 action, the date of the proposed move, and a notice, the
11 content and form to be set forth by rule, of the resident's
12 right to appeal, the steps that the resident or the resident's
13 representative must take to initiate an appeal, and a
14 statement of the resident's right to continue to reside in the
15 establishment until a decision is rendered. The notice shall
16 include a toll free telephone number to initiate an appeal and
17 a written hearing request form, together with a postage paid,
18 pre-addressed envelope to the Department. If the resident or
19 the resident's representative, if any, cannot read English,
20 the notice must be provided in a language the individual
21 receiving the notice can read or the establishment must
22 provide a translator who has been trained to assist the
23 resident or the resident's representative in the appeal
24 process. In emergency situations as defined in Section 10 of
25 this Act, the 30-day provision of the written notice may be
26 waived.
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1 (c) The establishment shall attempt to resolve with the
2 resident or the resident's representative, if any,
3 circumstances that if not remedied have the potential of
4 resulting in an involuntary termination of residency and shall
5 document those efforts in the resident's file. This action may
6 occur prior to or during the 30 day notice period, but must
7 occur prior to the termination of the residency. In emergency
8 situations as defined in Section 10 of this Act, the
9 requirements of this subsection may be waived.
10 (d) A request for a hearing shall stay an involuntary
11 termination of residency until a decision has been rendered by
12 the Department, according to a process adopted by rule. During
13 this time period, the establishment may not terminate or
14 reduce any service without the consent of the resident or the
15 resident's representative, if any, for the purpose of making
16 it more difficult or impossible for the resident to remain in
17 the establishment.
18 (e) The establishment shall offer the resident and the
19 resident's representative, if any, residency termination and
20 relocation assistance including information on available
21 alternative placement. Residents shall be involved in planning
22 the move and shall choose among the available alternative
23 placements except when an emergency situation makes prior
24 resident involvement impossible. Emergency placements are
25 deemed temporary until the resident's input can be sought in
26 the final placement decision. No resident shall be forced to
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1 remain in a temporary or permanent placement.
2 (f) The Department may offer assistance to the
3 establishment and the resident in the preparation of residency
4 termination and relocation plans to assure safe and orderly
5 transition and to protect the resident's health, safety,
6 welfare, and rights. In nonemergencies, and where possible in
7 emergencies, the transition plan shall be designed and
8 implemented in advance of transfer or residency termination.
9 (g) An establishment may not initiate a termination of
10 residency due to an emergency situation if the establishment
11 is able to safely care for the resident and (1) the resident
12 has been hospitalized and the resident's physician, the
13 establishment's manager, and the establishment's director of
14 nursing state that returning to the establishment would not
15 create an imminent danger of death or serious physical harm to
16 the resident; or (2) the emergency can be negated by changes in
17 activities, health care, personal care, or available rooming
18 accommodations, consistent with the license and services of
19 the establishment. The Department may not find an
20 establishment to be in violation of Section 75 of this Act for
21 failing to initiate an emergency discharge in these
22 circumstances.
23 (h) If the Department determines that an involuntary
24 termination of residency does not meet the requirements of
25 this Act, the Department shall issue a written decision
26 stating that the involuntary termination of residency is
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1 denied. If the action of the establishment giving rise to the
2 request for hearings is the establishment's failure to readmit
3 the resident following hospitalization, other medical leave of
4 absence, or other absence, the Department shall order the
5 immediate readmission of the resident to the establishment
6 unless a condition which would have allowed transfer or
7 discharge develops within that timeframe.
8 (i) If an order to readmit is entered pursuant to
9 subsection (h), the establishment shall immediately comply. As
10 used in this subsection, "comply" means the establishment and
11 the resident have agreed on a schedule for readmission or the
12 resident is living in the establishment.
13 (j) An establishment that does not readmit a resident
14 after the Department has ordered readmission shall be assessed
15 a fine. The establishment shall be required to submit an
16 acceptable plan of correction to the Department within 30 days
17 after the violation is affirmed.
18 (k) Once a notice of appeal is filed, the Department shall
19 hold a hearing unless the notice of appeal is withdrawn. If the
20 notice of appeal is withdrawn based upon a representation made
21 by the establishment to the resident and the Department,
22 including the hearing officer, that a resident who has been
23 previously denied readmission will be readmitted, failure to
24 comply with the representation shall be considered a failure
25 to comply with a Department order pursuant to subsection (h)
26 and shall result in the imposition of a fine as provided in
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1 subsection (j) of this Section.
2 (Source: P.A. 91-656, eff. 1-1-01.)
3 (210 ILCS 9/90)
4 Sec. 90. Contents of service delivery contract. A contract
5 between an establishment and a resident must be entitled
6 "assisted living establishment contract" or "shared housing
7 establishment contract" as applicable, shall be printed in no
8 less than 12 point type, and shall include at least the
9 following elements in the body or through supporting documents
10 or attachments:
11 (1) the name, street address, and mailing address of
12 the establishment;
13 (2) the name and mailing address of the owner or
14 owners of the establishment and, if the owner or owners
15 are not natural persons, the type of business entity of
16 the owner or owners;
17 (3) the name and mailing address of the managing agent
18 of the establishment, whether hired under a management
19 agreement or lease agreement, if the managing agent is
20 different from the owner or owners;
21 (4) the name and address of at least one natural
22 person who is authorized to accept service on behalf of
23 the owners and managing agent;
24 (5) a statement describing the license status of the
25 establishment and the license status of all providers of
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1 health-related or supportive services to a resident under
2 arrangement with the establishment;
3 (6) the duration of the contract;
4 (7) the base rate to be paid by the resident and a
5 description of the services to be provided as part of this
6 rate;
7 (8) a description of any additional services to be
8 provided for an additional fee by the establishment
9 directly or by a third party provider under arrangement
10 with the establishment;
11 (9) the fee schedules outlining the cost of any
12 additional services;
13 (10) a description of the process through which the
14 contract may be modified, amended, or terminated;
15 (11) a description of the establishment's complaint
16 resolution process available to residents and notice of
17 the availability of the Department on Aging's Senior
18 Helpline for complaints;
19 (12) the name of the resident's designated
20 representative, if any;
21 (13) the resident's obligations in order to maintain
22 residency and receive services including compliance with
23 all assessments required under Section 15;
24 (14) the billing and payment procedures and
25 requirements;
26 (15) a statement affirming the resident's freedom to
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1 receive services from service providers with whom the
2 establishment does not have a contractual arrangement,
3 which may also disclaim liability on the part of the
4 establishment for those services;
5 (16) a statement that medical assistance under Article
6 V or Article VI of the Illinois Public Aid Code is not
7 available for payment for services provided in an
8 establishment, excluding contracts executed with residents
9 residing in licensed establishments participating in the
10 Department on Aging's Comprehensive Care in Residential
11 Settings Demonstration Project;
12 (17) a statement detailing the admission, risk
13 management, and residency termination criteria and
14 procedures;
15 (18) a written explanation, prepared by the Office of
16 State Long Term Care Ombudsman, statement listing the
17 rights specified in Sections 80 and Section 95, including
18 an acknowledgment by the establishment and acknowledging
19 that, by contracting with the assisted living or shared
20 housing establishment, the resident does not forfeit those
21 rights;
22 (19) a statement detailing the Department's annual
23 on-site review process including what documents contained
24 in a resident's personal file shall be reviewed by the
25 on-site reviewer as defined by rule; and
26 (20) a statement outlining whether the establishment
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1 charges a community fee and, if so, the amount of the fee
2 and whether it is refundable; if the fee is refundable,
3 the contract must describe the conditions under which it
4 is refundable and how the amount of the refund is
5 determined.
6 (Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.)
7 (210 ILCS 9/95)
8 Sec. 95. Resident rights. No resident shall be deprived of
9 any rights, benefits, or privileges guaranteed by law, the
10 Constitution of the State of Illinois, or the Constitution of
11 the United States solely on account of his or her status as a
12 resident of an establishment, nor shall a resident forfeit any
13 of the following rights:
14 (1) the right to retain and use personal property and
15 a place to store personal items that is locked and secure;
16 (2) the right to refuse services and to be advised of
17 the consequences of that refusal;
18 (3) the right to respect for bodily privacy and
19 dignity at all times, especially during care and
20 treatment;
21 (4) the right to the free exercise of religion;
22 (5) the right to privacy with regard to mail, phone
23 calls, and visitors;
24 (6) the right to uncensored access to the State
25 Ombudsman or his or her designee;
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1 (7) the right to be free of retaliation for
2 criticizing the establishment or making complaints to
3 appropriate agencies;
4 (8) the right to be free of chemical and physical
5 restraints;
6 (9) the right to be free of abuse or neglect or to
7 refuse to perform labor;
8 (10) the right to confidentiality of the resident's
9 medical records;
10 (11) the right of access and the right to copy the
11 resident's personal files maintained by the establishment;
12 (12) the right to 24 hours access to the
13 establishment;
14 (13) the right to a minimum of 90 days' 90-days notice
15 of a planned establishment closure;
16 (14) the right to a minimum of 30 days' 30-days notice
17 of an involuntary residency termination, except where the
18 resident poses a threat to himself or others, or in other
19 emergency situations, and the right to appeal such
20 termination; if an establishment withdraws a notice of
21 involuntary termination of residency, then the resident
22 has the right to maintain residency at the establishment;
23 and
24 (15) the right to a 30-day notice of delinquency and
25 at least 15 days right to cure delinquency; and .
26 (16) the right to not be unlawfully transferred or
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1 discharged.
2 (Source: P.A. 91-656, eff. 1-1-01.)
3 Section 10. The Nursing Home Care Act is amended by
4 changing Sections 1-114.005, 2-111, 3-401, 3-402, 3-404,
5 3-405, 3-411, and 3-413 and by adding Sections 3-305.6 and
6 3-413.1 as follows:
7 (210 ILCS 45/1-114.005)
8 Sec. 1-114.005. High risk designation. "High risk
9 designation" means a violation of a provision of the Illinois
10 Administrative Code or statute that has been identified by the
11 Department through rulemaking or designated in statute to be
12 inherently necessary to protect the health, safety, and
13 welfare of a resident.
14 (Source: P.A. 96-1372, eff. 7-29-10.)
15 (210 ILCS 45/2-111) (from Ch. 111 1/2, par. 4152-111)
16 Sec. 2-111. A resident shall not be transferred or
17 discharged in violation of this Act. A resident may be
18 discharged from a facility after he gives the administrator, a
19 physician, or a nurse of the facility written notice of his
20 desire to be discharged. If a guardian has been appointed for a
21 resident or if the resident is a minor, the resident shall be
22 discharged upon written consent of his guardian or if the
23 resident is a minor, his parent unless there is a court order
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1 to the contrary. In such cases, upon the resident's discharge,
2 the facility is relieved from any responsibility for the
3 resident's care, safety or well-being. A resident has the
4 right to not be unlawfully transferred or discharged.
5 (Source: P.A. 81-223.)
6 (210 ILCS 45/3-305.6 new)
7 Sec. 3-305.6. Failure to readmit a resident. A facility
8 that fails to comply with an order of the Department to readmit
9 a resident, pursuant to Section 3-703, who wishes to return to
10 the facility and is appropriate for that level of care and
11 services provided, shall be assessed a fine.
12 As used in this Section, "comply with an order" means that
13 a resident is living in a facility or that a facility and a
14 resident have agreed on a schedule for readmission.
15 (210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401)
16 Sec. 3-401. A facility may involuntarily transfer or
17 discharge a resident only for one or more of the following
18 reasons:
19 (a) the facility is unable to meet the medical needs
20 of the resident, as documented in the resident's clinical
21 record by the resident's physician for medical reasons for
22 medical reasons;
23 (b) for the resident's physical safety;
24 (c) for the physical safety of other residents, the
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1 facility staff or facility visitors; or
2 (d) for either late payment or nonpayment for the
3 resident's stay, except as prohibited by Titles XVIII and
4 XIX of the federal Social Security Act. For purposes of
5 this Section, "late payment" means non-receipt of payment
6 after submission of a bill. If payment is not received
7 within 45 days after submission of a bill, a facility may
8 send a notice to the resident and responsible party
9 requesting payment within 30 days. If payment is not
10 received within such 30 days, the facility may thereupon
11 institute transfer or discharge proceedings by sending a
12 notice of transfer or discharge to the resident and
13 responsible party by registered or certified mail. The
14 notice shall state, in addition to the requirements of
15 Section 3-403 of this Act, that the responsible party has
16 the right to pay the amount of the bill in full up to the
17 date the transfer or discharge is to be made and then the
18 resident shall have the right to remain in the facility.
19 Such payment shall terminate the transfer or discharge
20 proceedings. This subsection does not apply to those
21 residents whose care is provided for under the Illinois
22 Public Aid Code. The Department shall adopt rules setting
23 forth the criteria and procedures to be applied in cases
24 of involuntary transfer or discharge permitted under this
25 Section.
26 In the absence of other bases for transfer or discharge in
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1 this Section, unless it has complied with the prior notice and
2 other procedural requirements of this Act, a facility may not
3 refuse to readmit a resident following a medical leave of
4 absence if the resident's need for care does not exceed the
5 provisions of the facility's license or current services
6 offered.
7 (Source: P.A. 91-357, eff. 7-29-99.)
8 (210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402)
9 Sec. 3-402. Involuntary transfer or discharge of a
10 resident from a facility shall be preceded by the discussion
11 required under Section 3-408 and by a minimum written notice
12 of 30 21 days, except in one of the following instances:
13 (a) When an emergency transfer or discharge is ordered by
14 the resident's attending physician because of the resident's
15 health care needs. The State Long Term Care Ombudsman shall be
16 notified at the time of the emergency transfer or discharge.
17 (b) When the transfer or discharge is mandated by the
18 physical safety of other residents, the facility staff, or
19 facility visitors, as documented in the clinical record. The
20 Department, the Office of State Long Term Care Ombudsman, and
21 the resident's managed care organization, if applicable, and
22 the State Long Term Care Ombudsman shall be notified prior to
23 any such involuntary transfer or discharge. The Department
24 shall immediately offer transfer, or discharge and relocation
25 assistance to residents transferred or discharged under this
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1 subparagraph (b), and the Department may place relocation
2 teams as provided in Section 3-419 of this Act.
3 (c) When an identified offender is within the provisional
4 admission period defined in Section 1-120.3. If the Identified
5 Offender Report and Recommendation prepared under Section
6 2-201.6 shows that the identified offender poses a serious
7 threat or danger to the physical safety of other residents,
8 the facility staff, or facility visitors in the admitting
9 facility and the facility determines that it is unable to
10 provide a safe environment for the other residents, the
11 facility staff, or facility visitors, the facility shall
12 transfer or discharge the identified offender within 3 days
13 after its receipt of the Identified Offender Report and
14 Recommendation.
15 (Source: P.A. 103-320, eff. 1-1-24.)
16 (210 ILCS 45/3-404) (from Ch. 111 1/2, par. 4153-404)
17 Sec. 3-404. A request for a hearing made under Section
18 3-403 shall stay a transfer or discharge pending a hearing or
19 appeal of the decision, unless a condition which would have
20 allowed transfer or discharge in less than 30 21 days as
21 described under paragraphs (a) and (b) of Section 3-402
22 develops in the interim.
23 (Source: P.A. 81-223.)
24 (210 ILCS 45/3-405) (from Ch. 111 1/2, par. 4153-405)
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1 Sec. 3-405. A copy of the notice required by Section 3-402
2 shall be placed in the resident's clinical record and a copy
3 shall be transmitted to the Department, the State Long Term
4 Care Ombudsman, the resident, and the resident's
5 representative, if any, the resident's managed care
6 organization, if applicable, and the Office of State Long Term
7 Care Ombudsman.
8 (Source: P.A. 103-320, eff. 1-1-24.)
9 (210 ILCS 45/3-411) (from Ch. 111 1/2, par. 4153-411)
10 Sec. 3-411. The Department of Public Health, when the
11 basis for involuntary transfer or discharge is other than
12 action by the Department of Healthcare and Family Services
13 (formerly Department of Public Aid) with respect to the Title
14 XIX Medicaid recipient, shall hold a hearing at the resident's
15 facility not later than 10 days after a hearing request is
16 filed, and render a decision within 14 days after the filing of
17 the hearing request. The Department has continuing
18 jurisdiction over the transfer or discharge irrespective of
19 the timing of the hearing and decision. Once a request for a
20 hearing is filed, the Department shall hold a hearing unless
21 the request is withdrawn by the resident. If the request for a
22 hearing is withdrawn based upon a representation made by the
23 facility to the resident and the Department, including the
24 hearing officer, that a resident who has been denied
25 readmission will be readmitted, and the resident or resident
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1 representative notifies the Department that the facility is
2 still denying readmission, failure to readmit is considered
3 failure to comply with a Department order to readmit pursuant
4 to Section 3-305.6, including the imposition of a fine under
5 Section 3-305.6.
6 (Source: P.A. 95-331, eff. 8-21-07.)
7 (210 ILCS 45/3-413) (from Ch. 111 1/2, par. 4153-413)
8 Sec. 3-413. If the Department determines that a transfer
9 or discharge is authorized under Section 3-401, the resident
10 shall not be required to leave the facility before the 34th day
11 following receipt of the notice required under Section 3-402,
12 or the 10th day following receipt of the Department's
13 decision, whichever is later, unless a condition which would
14 have allowed transfer or discharge in less than 30 21 days as
15 described under paragraphs (a) and (b) of Section 3-402
16 develops in the interim. The Department maintains jurisdiction
17 over the transfer or discharge irrespective of the timing of
18 the notice and discharge.
19 (Source: P.A. 81-223.)
20 (210 ILCS 45/3-413.1 new)
21 Sec. 3-413.1. Denial of transfer or discharge. If the
22 Department determines that a transfer or discharge is not
23 authorized under Section 3-401, then the Department shall
24 issue a written decision stating that the transfer or
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