Illinois 2025-2026 Regular Session

Illinois House Bill HB3640 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3640 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: New Act210 ILCS 49/1-102210 ILCS 85/3210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113210 ILCS 47/1-113225 ILCS 10/2.06 from Ch. 23, par. 2212.06 Creates the Psychiatric Residential Treatment Facilities (PRTF) Act. Requires the Department of Healthcare and Family Services to establish an Illinois Psychiatric Residential Treatment Facilities (PRTF) program that is family-driven, youth-guided, and trauma-informed, and includes youth and family involvement in all aspects of care planning. Requires the Department to submit a State Plan Amendment, by January 1, 2026, to the Centers for Medicare and Medicaid Services to establish coverage of federally authorized, medically necessary inpatient psychiatric services delivered by a certified PRTF to medical assistance beneficiaries under 21 years of age. Provides that the Department shall adopt rules to implement the PRTF program that at a minimum shall include: (i) certification and participation requirements for PRTF providers in compliance with all applicable federal laws, regulations, requirements, and policies; (ii) monitoring and oversight of PRTF services; (iii) a limit on allowable beds at any one PRTF, not to exceed 40 total beds; and other matters. Requires the Department to establish, and update as needed, a methodology for completing a statewide PRTF capacity analysis for the purposes of identifying capacity needs for PRTF services under the Illinois Medical Assistance Program. Requires the Department to establish a PRTF Advisory Committee responsible for reviewing and providing guidance on the Department's policies and implementations of the PRTF program. Requires the Department to publish on its website counts of reported emergency safety interventions and serious occurrences by State fiscal year and quarter. Makes conforming changes to the Specialized Mental Health Rehabilitation Act of 2013, the Child Care Act of 1969, and other various Acts. Effective immediately. LRB104 10638 KTG 20715 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3640 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED: New Act210 ILCS 49/1-102210 ILCS 85/3210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113210 ILCS 47/1-113225 ILCS 10/2.06 from Ch. 23, par. 2212.06 New Act 210 ILCS 49/1-102 210 ILCS 85/3 210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113 210 ILCS 47/1-113 225 ILCS 10/2.06 from Ch. 23, par. 2212.06 Creates the Psychiatric Residential Treatment Facilities (PRTF) Act. Requires the Department of Healthcare and Family Services to establish an Illinois Psychiatric Residential Treatment Facilities (PRTF) program that is family-driven, youth-guided, and trauma-informed, and includes youth and family involvement in all aspects of care planning. Requires the Department to submit a State Plan Amendment, by January 1, 2026, to the Centers for Medicare and Medicaid Services to establish coverage of federally authorized, medically necessary inpatient psychiatric services delivered by a certified PRTF to medical assistance beneficiaries under 21 years of age. Provides that the Department shall adopt rules to implement the PRTF program that at a minimum shall include: (i) certification and participation requirements for PRTF providers in compliance with all applicable federal laws, regulations, requirements, and policies; (ii) monitoring and oversight of PRTF services; (iii) a limit on allowable beds at any one PRTF, not to exceed 40 total beds; and other matters. Requires the Department to establish, and update as needed, a methodology for completing a statewide PRTF capacity analysis for the purposes of identifying capacity needs for PRTF services under the Illinois Medical Assistance Program. Requires the Department to establish a PRTF Advisory Committee responsible for reviewing and providing guidance on the Department's policies and implementations of the PRTF program. Requires the Department to publish on its website counts of reported emergency safety interventions and serious occurrences by State fiscal year and quarter. Makes conforming changes to the Specialized Mental Health Rehabilitation Act of 2013, the Child Care Act of 1969, and other various Acts. Effective immediately. LRB104 10638 KTG 20715 b LRB104 10638 KTG 20715 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3640 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
3	3	New Act210 ILCS 49/1-102210 ILCS 85/3210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113210 ILCS 47/1-113225 ILCS 10/2.06 from Ch. 23, par. 2212.06 New Act 210 ILCS 49/1-102 210 ILCS 85/3 210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113 210 ILCS 47/1-113 225 ILCS 10/2.06 from Ch. 23, par. 2212.06
4	4	New Act
5	5	210 ILCS 49/1-102
6	6	210 ILCS 85/3
7	7	210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113
8	8	210 ILCS 47/1-113
9	9	225 ILCS 10/2.06 from Ch. 23, par. 2212.06
10	10	Creates the Psychiatric Residential Treatment Facilities (PRTF) Act. Requires the Department of Healthcare and Family Services to establish an Illinois Psychiatric Residential Treatment Facilities (PRTF) program that is family-driven, youth-guided, and trauma-informed, and includes youth and family involvement in all aspects of care planning. Requires the Department to submit a State Plan Amendment, by January 1, 2026, to the Centers for Medicare and Medicaid Services to establish coverage of federally authorized, medically necessary inpatient psychiatric services delivered by a certified PRTF to medical assistance beneficiaries under 21 years of age. Provides that the Department shall adopt rules to implement the PRTF program that at a minimum shall include: (i) certification and participation requirements for PRTF providers in compliance with all applicable federal laws, regulations, requirements, and policies; (ii) monitoring and oversight of PRTF services; (iii) a limit on allowable beds at any one PRTF, not to exceed 40 total beds; and other matters. Requires the Department to establish, and update as needed, a methodology for completing a statewide PRTF capacity analysis for the purposes of identifying capacity needs for PRTF services under the Illinois Medical Assistance Program. Requires the Department to establish a PRTF Advisory Committee responsible for reviewing and providing guidance on the Department's policies and implementations of the PRTF program. Requires the Department to publish on its website counts of reported emergency safety interventions and serious occurrences by State fiscal year and quarter. Makes conforming changes to the Specialized Mental Health Rehabilitation Act of 2013, the Child Care Act of 1969, and other various Acts. Effective immediately.
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16	16	1 AN ACT concerning health care.
17	17	2 Be it enacted by the People of the State of Illinois,
18	18	3 represented in the General Assembly:
19	19	4 Section 1. Short title. This Act may be cited as the
20	20	5 Psychiatric Residential Treatment Facilities (PRTF) Act.
21	21	6 Section 5. Definitions. As used in this Act:
22	22	7 "Department" means the Department of Healthcare and Family
23	23	8 Services.
24	24	9 "Emergency safety intervention" means the use of restraint
25	25	10 or seclusion as an immediate response to an emergency safety
26	26	11 situation.
27	27	12 "Medical assistance" means health care benefits provided
28	28	13 under the Illinois Medical Assistance Program administered
29	29	14 under Article V of the Illinois Public Aid Code.
30	30	15 "Psychiatric residential treatment facility" or "PRTF"
31	31	16 means a facility that is certified by the Department to
32	32	17 provide subacute psychiatric services to individuals under age
33	33	18 21, or to individuals until their 22nd birthday if the
34	34	19 individual was admitted to the PRTF before the individual's
35	35	20 21st birthday as described in 42 CFR 441, Subpart D, or any
36	36	21 successor regulation, in an inpatient setting in accordance
37	37	22 with a provider agreement with the Department. A PRTF is not:
38	38	23 (1) a hospital under the Hospital Licensing Act;
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42	42	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3640 Introduced , by Rep. Lindsey LaPointe SYNOPSIS AS INTRODUCED:
43	43	New Act210 ILCS 49/1-102210 ILCS 85/3210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113210 ILCS 47/1-113225 ILCS 10/2.06 from Ch. 23, par. 2212.06 New Act 210 ILCS 49/1-102 210 ILCS 85/3 210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113 210 ILCS 47/1-113 225 ILCS 10/2.06 from Ch. 23, par. 2212.06
44	44	New Act
45	45	210 ILCS 49/1-102
46	46	210 ILCS 85/3
47	47	210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113
48	48	210 ILCS 47/1-113
49	49	225 ILCS 10/2.06 from Ch. 23, par. 2212.06
50	50	Creates the Psychiatric Residential Treatment Facilities (PRTF) Act. Requires the Department of Healthcare and Family Services to establish an Illinois Psychiatric Residential Treatment Facilities (PRTF) program that is family-driven, youth-guided, and trauma-informed, and includes youth and family involvement in all aspects of care planning. Requires the Department to submit a State Plan Amendment, by January 1, 2026, to the Centers for Medicare and Medicaid Services to establish coverage of federally authorized, medically necessary inpatient psychiatric services delivered by a certified PRTF to medical assistance beneficiaries under 21 years of age. Provides that the Department shall adopt rules to implement the PRTF program that at a minimum shall include: (i) certification and participation requirements for PRTF providers in compliance with all applicable federal laws, regulations, requirements, and policies; (ii) monitoring and oversight of PRTF services; (iii) a limit on allowable beds at any one PRTF, not to exceed 40 total beds; and other matters. Requires the Department to establish, and update as needed, a methodology for completing a statewide PRTF capacity analysis for the purposes of identifying capacity needs for PRTF services under the Illinois Medical Assistance Program. Requires the Department to establish a PRTF Advisory Committee responsible for reviewing and providing guidance on the Department's policies and implementations of the PRTF program. Requires the Department to publish on its website counts of reported emergency safety interventions and serious occurrences by State fiscal year and quarter. Makes conforming changes to the Specialized Mental Health Rehabilitation Act of 2013, the Child Care Act of 1969, and other various Acts. Effective immediately.
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53	53	A BILL FOR
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59	59	New Act
60	60	210 ILCS 49/1-102
61	61	210 ILCS 85/3
62	62	210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113
63	63	210 ILCS 47/1-113
64	64	225 ILCS 10/2.06 from Ch. 23, par. 2212.06
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83	83	1 (2) a child care institution or child care facility
84	84	2 under the Child Care Act of 1969;
85	85	3 (3) a nursing home or long-term care facility under
86	86	4 the Nursing Home Care Act;
87	87	5 (4) a secure residential youth care facility under the
88	88	6 Secure Residential Youth Care Facility Licensing Act;
89	89	7 (5) a specialized mental health rehabilitation
90	90	8 facility under the Specialized Mental Health
91	91	9 Rehabilitation Act of 2013; or
92	92	10 (6) any facility or institution required to be
93	93	11 licensed under the ID/DD Community Care Act or the MC/DD
94	94	12 Act.
95	95	13 "Serious occurrences" means a serious injury to a resident
96	96	14 as defined in 42 CFR 483.352, or any successor regulation, a
97	97	15 resident's suicide attempt, or a resident's death.
98	98	16 "Subacute psychiatric services" means inpatient
99	99	17 psychiatric treatment services provided under the direction of
100	100	18 a physician, in a non-acute (non-hospital) setting, for
101	101	19 individuals under the age of 21 (or for individuals until
102	102	20 their 22nd birthday if admitted to the PRTF before their 21st
103	103	21 birthday) that require intensive services that cannot be
104	104	22 delivered in a community setting. Subacute psychiatric
105	105	23 services are short-term, comprehensive, recovery-oriented
106	106	24 treatment delivered 24 hours a day, 7 days a week, with the
107	107	25 focus of returning children to a less restrictive community
108	108	26 setting as rapidly as possible.
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119	119	1 Section 10. PRTF services.
120	120	2 (a) The Department shall establish an Illinois Psychiatric
121	121	3 Residential Treatment Facilities (PRTF) program that is
122	122	4 family-driven, youth-guided, and trauma-informed, and includes
123	123	5 youth and family involvement in all aspects of care planning.
124	124	6 The Illinois PRTF program design shall establish meaningful
125	125	7 opportunities for youth and families to be involved in the
126	126	8 design, monitoring, and oversight of PRTF services.
127	127	9 (b) By January 1, 2026, the Department shall submit a
128	128	10 State Plan Amendment to the Centers for Medicare and Medicaid
129	129	11 Services to establish coverage of federally authorized,
130	130	12 medically necessary inpatient psychiatric services delivered
131	131	13 by a certified PRTF to medical assistance beneficiaries under
132	132	14 21 years of age.
133	133	15 (c) The Department shall adopt rules to implement the
134	134	16 Illinois PRTF program. The rules may establish the services,
135	135	17 standards, and requirements for participation in the program
136	136	18 to comply with all applicable federal statutes, regulations,
137	137	19 requirements, and policies. The rules proposed by the
138	138	20 Department may take into consideration the recommendations of
139	139	21 the PRTF Advisory Committee, as outlined in Section 20. At a
140	140	22 minimum, the rules shall include the following:
141	141	23 (1) Certification and participation requirements for
142	142	24 PRTF providers in compliance with all applicable federal
143	143	25 laws, regulations, requirements, and policies, including
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154	154	1 those found at 42 CFR 441, Subpart D and 42 CFR 483,
155	155	2 Subpart G or any successor regulations.
156	156	3 (2) Monitoring and oversight of PRTF services,
157	157	4 including on-site review protocols that include scheduled
158	158	5 and unannounced on-site visits. Each provider seeking PRTF
159	159	6 certification shall minimally have an on-site review prior
160	160	7 to initiating services and all PRTFs shall have at least
161	161	8 one on-site review annually thereafter.
162	162	9 (3) Utilization management criteria to ensure that
163	163	10 PRTF services are provided as medically necessary and
164	164	11 emphasize clinically appropriate patient transitions back
165	165	12 to the community, including, but not limited to, service
166	166	13 authorization, documentation, and treatment plan
167	167	14 requirements for initial stay reviews and continued stay
168	168	15 reviews.
169	169	16 (4) A limit on allowable beds at any one PRTF, not to
170	170	17 exceed 40 total beds, unless waived in writing by the
171	171	18 Director of the Department.
172	172	19 (5) A limit on the number of new PRTF facilities to be
173	173	20 certified in any State fiscal year.
174	174	21 (6) A requirement that PRTFs are distinct, standalone
175	175	22 non-hospital entities not physically attached or adjacent
176	176	23 to any other type of facility engaged in providing
177	177	24 congregate care.
178	178	25 (7) A requirement that, in order to obtain PRTF
179	179	26 certification, providers must undergo a survey from the
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190	190	1 State Survey Agency, the Department of Public Health, to
191	191	2 establish the provider's compliance with the Conditions of
192	192	3 Participation for PRTFs outlined in 42 CFR 483, Subpart G
193	193	4 and the Interpretive Guidelines issued by the Centers for
194	194	5 Medicare and Medicaid Services.
195	195	6 (8) A requirement that, in order to obtain PRTF
196	196	7 certification, providers be accredited from one of the
197	197	8 following organizations identified in 42 CFR 441.151, or
198	198	9 any successor regulations:
199	199	10 (i) Joint Commission on Accreditation of
200	200	11 Healthcare Organizations.
201	201	12 (ii) The Commission on Accreditation of
202	202	13 Rehabilitation Facilities.
203	203	14 (iii) The Council on Accreditation of Services for
204	204	15 Families and Children.
205	205	16 (iv) Any other accrediting organization with
206	206	17 comparable standards recognized by the Department.
207	207	18 (9) Requirements for the reporting of emergency safety
208	208	19 interventions and serious occurrences to the Department
209	209	20 and the State-designated Protection and Advocacy System no
210	210	21 later than the close of business the next business day
211	211	22 after the intervention or occurrence.
212	212	23 Section 15. PRTF capacity analysis.
213	213	24 (a) The Department shall establish, and update as needed,
214	214	25 a methodology for completing a statewide PRTF capacity
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225	225	1 analysis for the purposes of identifying capacity needs for
226	226	2 PRTF services under the Illinois Medical Assistance Program.
227	227	3 The Department shall utilize the PRTF capacity analysis to
228	228	4 inform its certification and enrollment of PRTF providers. The
229	229	5 capacity analysis shall minimally include:
230	230	6 (1) An analysis of aggregate service utilization data
231	231	7 for Medicaid eligible individuals under the age of 21,
232	232	8 including community-based services, behavioral health
233	233	9 crisis services, and inpatient psychiatric hospitalization
234	234	10 services.
235	235	11 (2) Identification of locations across the State with
236	236	12 demonstrated need for PRTF services and locations with
237	237	13 demonstrated surplus of PRTF service capacity.
238	238	14 (3) Consideration of specialized treatment needs based
239	239	15 on increased utilization of out-of-state facilities to
240	240	16 address specialized treatment needs.
241	241	17 (4) Other factors of consideration identified by the
242	242	18 Department as necessary to support access to care,
243	243	19 compliance with the federal Medicaid program, and all
244	244	20 other applicable federal or State laws, regulations,
245	245	21 policies, requirements, and programs impacting Illinois'
246	246	22 children's behavioral health service delivery system.
247	247	23 (5) Recommendations to the Department and the PRTF
248	248	24 Advisory Committee on capacity needs within the Illinois
249	249	25 PRTF program. The recommendations shall seek to avoid the
250	250	26 concentration of PRTF facilities in any particular
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261	261	1 community or area of the State to promote access for
262	262	2 families or guardians to visit patients when appropriate.
263	263	3 (b) The Department's methodology, completed analyses, and
264	264	4 outcomes shall be published on its website, with an initial
265	265	5 PRTF capacity analysis to be published by no later than
266	266	6 January 1, 2026.
267	267	7 (c) The Department's PRTF capacity analysis shall be
268	268	8 updated at a minimum of every 5 years and shall be performed
269	269	9 consistent with the Department's published methodology.
270	270	10 Section 20. PRTF Advisory Committee.
271	271	11 (a) The Department shall establish a PRTF Advisory
272	272	12 Committee responsible for reviewing and providing guidance on
273	273	13 the Department's policies and implementations of the Illinois
274	274	14 PRTF program. The PRTF Advisory Committee shall be made up of
275	275	15 no more than 12 members, including State agency staff familiar
276	276	16 with children's behavioral health services, and shall
277	277	17 minimally include the following members:
278	278	18 (1) the Director of Healthcare and Family Services, or
279	279	19 the Director's designee, who shall also be the Chair of
280	280	20 the Committee;
281	281	21 (2) the Director of Public Health, or the Director's
282	282	22 designee;
283	283	23 (3) the Secretary of Human Services, or the
284	284	24 Secretary's designee;
285	285	25 (4) the Superintendent of the Illinois State Board of
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296	296	1 Education, or the Superintendent's designee;
297	297	2 (5) the Director of Children and Family Services, or
298	298	3 the Director's designee;
299	299	4 (6) the Chief Officer for Children's Behavioral Health
300	300	5 Transformation; and
301	301	6 (7) external stakeholders that include, at a minimum
302	302	7 each of the following:
303	303	8 (i) a psychiatrist, board certified to serve
304	304	9 children and adolescents;
305	305	10 (ii) one or more providers of community-based
306	306	11 children's behavioral health services;
307	307	12 (iii) one or more individuals representing the
308	308	13 voice of families with children familiar with
309	309	14 Illinois' publicly funded children's behavioral health
310	310	15 system; and
311	311	16 (iv) other individuals determined by the
312	312	17 Department to be beneficial to the outcomes of the
313	313	18 Advisory Committee.
314	314	19 (b) The PRTF Advisory Committee shall meet on a schedule
315	315	20 and in a format defined by the Chair.
316	316	21 (c) The Department may adopt rules to implement this
317	317	22 Section.
318	318	23 Section 25. PRTF accountability reporting. For all PRTF
319	319	24 providers certified to participate in the Illinois Medical
320	320	25 Assistance Program, the Department shall publish on its
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331	331	1 website counts of reported emergency safety interventions and
332	332	2 serious occurrences by State fiscal year and quarter.
333	333	3 Section 105. The Specialized Mental Health Rehabilitation
334	334	4 Act of 2013 is amended by changing Section 1-102 as follows:
335	335	5 (210 ILCS 49/1-102)
336	336	6 Sec. 1-102. Definitions. For the purposes of this Act,
337	337	7 unless the context otherwise requires:
338	338	8 "Abuse" means any physical or mental injury or sexual
339	339	9 assault inflicted on a consumer other than by accidental means
340	340	10 in a facility.
341	341	11 "Accreditation" means any of the following:
342	342	12 (1) the Joint Commission;
343	343	13 (2) the Commission on Accreditation of Rehabilitation
344	344	14 Facilities;
345	345	15 (3) the Healthcare Facilities Accreditation Program;
346	346	16 or
347	347	17 (4) any other national standards of care as approved
348	348	18 by the Department.
349	349	19 "APRN" means an Advanced Practice Registered Nurse,
350	350	20 nationally certified as a mental health or psychiatric nurse
351	351	21 practitioner and licensed under the Nurse Practice Act.
352	352	22 "Applicant" means any person making application for a
353	353	23 license or a provisional license under this Act.
354	354	24 "Consumer" means a person, 18 years of age or older,
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365	365	1 admitted to a mental health rehabilitation facility for
366	366	2 evaluation, observation, diagnosis, treatment, stabilization,
367	367	3 recovery, and rehabilitation.
368	368	4 "Consumer" does not mean any of the following:
369	369	5 (i) an individual requiring a locked setting;
370	370	6 (ii) an individual requiring psychiatric
371	371	7 hospitalization because of an acute psychiatric crisis;
372	372	8 (iii) an individual under 18 years of age;
373	373	9 (iv) an individual who is actively suicidal or violent
374	374	10 toward others;
375	375	11 (v) an individual who has been found unfit to stand
376	376	12 trial and is currently subject to a court order requiring
377	377	13 placement in secure inpatient care in the custody of the
378	378	14 Department of Human Services pursuant to Section 104-17 of
379	379	15 the Code of Criminal Procedure of 1963;
380	380	16 (vi) an individual who has been found not guilty by
381	381	17 reason of insanity and is currently subject to a court
382	382	18 order requiring placement in secure inpatient care in the
383	383	19 custody of the Department of Human Services pursuant to
384	384	20 Section 5-2-4 of the Unified Code of Corrections;
385	385	21 (vii) an individual subject to temporary detention and
386	386	22 examination under Section 3-607 of the Mental Health and
387	387	23 Developmental Disabilities Code;
388	388	24 (viii) an individual deemed clinically appropriate for
389	389	25 inpatient admission in a State psychiatric hospital; and
390	390	26 (ix) an individual transferred by the Department of
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401	401	1 Corrections pursuant to Section 3-8-5 of the Unified Code
402	402	2 of Corrections.
403	403	3 "Consumer record" means a record that organizes all
404	404	4 information on the care, treatment, and rehabilitation
405	405	5 services rendered to a consumer in a specialized mental health
406	406	6 rehabilitation facility.
407	407	7 "Controlled drugs" means those drugs covered under the
408	408	8 federal Comprehensive Drug Abuse Prevention Control Act of
409	409	9 1970, as amended, or the Illinois Controlled Substances Act.
410	410	10 "Department" means the Department of Public Health.
411	411	11 "Discharge" means the full release of any consumer from a
412	412	12 facility.
413	413	13 "Drug administration" means the act in which a single dose
414	414	14 of a prescribed drug or biological is given to a consumer. The
415	415	15 complete act of administration entails removing an individual
416	416	16 dose from a container, verifying the dose with the
417	417	17 prescriber's orders, giving the individual dose to the
418	418	18 consumer, and promptly recording the time and dose given.
419	419	19 "Drug dispensing" means the act entailing the following of
420	420	20 a prescription order for a drug or biological and proper
421	421	21 selection, measuring, packaging, labeling, and issuance of the
422	422	22 drug or biological to a consumer.
423	423	23 "Emergency" means a situation, physical condition, or one
424	424	24 or more practices, methods, or operations which present
425	425	25 imminent danger of death or serious physical or mental harm to
426	426	26 consumers of a facility.
427	427
428	428
429	429
430	430
431	431
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436	436	HB3640 - 12 - LRB104 10638 KTG 20715 b
437	437	1 "Facility" means a specialized mental health
438	438	2 rehabilitation facility that provides at least one of the
439	439	3 following services: (1) triage center; (2) crisis
440	440	4 stabilization; (3) recovery and rehabilitation supports; or
441	441	5 (4) transitional living units for 3 or more persons. The
442	442	6 facility shall provide a 24-hour program that provides
443	443	7 intensive support and recovery services designed to assist
444	444	8 persons, 18 years or older, with mental disorders to develop
445	445	9 the skills to become self-sufficient and capable of increasing
446	446	10 levels of independent functioning. It includes facilities that
447	447	11 meet the following criteria:
448	448	12 (1) 100% of the consumer population of the facility
449	449	13 has a diagnosis of serious mental illness;
450	450	14 (2) no more than 15% of the consumer population of the
451	451	15 facility is 65 years of age or older;
452	452	16 (3) none of the consumers are non-ambulatory;
453	453	17 (4) none of the consumers have a primary diagnosis of
454	454	18 moderate, severe, or profound intellectual disability; and
455	455	19 (5) the facility must have been licensed under the
456	456	20 Specialized Mental Health Rehabilitation Act or the
457	457	21 Nursing Home Care Act immediately preceding July 22, 2013
458	458	22 (the effective date of this Act) and qualifies as an
459	459	23 institute for mental disease under the federal definition
460	460	24 of the term.
461	461	25 "Facility" does not include the following:
462	462	26 (1) a home, institution, or place operated by the
463	463
464	464
465	465
466	466
467	467
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469	469
470	470
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472	472	HB3640 - 13 - LRB104 10638 KTG 20715 b
473	473	1 federal government or agency thereof, or by the State of
474	474	2 Illinois;
475	475	3 (2) a hospital, sanitarium, or other institution whose
476	476	4 principal activity or business is the diagnosis, care, and
477	477	5 treatment of human illness through the maintenance and
478	478	6 operation as organized facilities therefor which is
479	479	7 required to be licensed under the Hospital Licensing Act;
480	480	8 (3) a facility for child care as defined in the Child
481	481	9 Care Act of 1969;
482	482	10 (4) a community living facility as defined in the
483	483	11 Community Living Facilities Licensing Act;
484	484	12 (5) a nursing home or sanitarium operated solely by
485	485	13 and for persons who rely exclusively upon treatment by
486	486	14 spiritual means through prayer, in accordance with the
487	487	15 creed or tenets of any well-recognized church or religious
488	488	16 denomination; however, such nursing home or sanitarium
489	489	17 shall comply with all local laws and rules relating to
490	490	18 sanitation and safety;
491	491	19 (6) a facility licensed by the Department of Human
492	492	20 Services as a community-integrated living arrangement as
493	493	21 defined in the Community-Integrated Living Arrangements
494	494	22 Licensure and Certification Act;
495	495	23 (7) a supportive residence licensed under the
496	496	24 Supportive Residences Licensing Act;
497	497	25 (8) a supportive living facility in good standing with
498	498	26 the program established under Section 5-5.01a of the
499	499
500	500
501	501
502	502
503	503
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505	505
506	506
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508	508	HB3640 - 14 - LRB104 10638 KTG 20715 b
509	509	1 Illinois Public Aid Code, except only for purposes of the
510	510	2 employment of persons in accordance with Section 3-206.01
511	511	3 of the Nursing Home Care Act;
512	512	4 (9) an assisted living or shared housing establishment
513	513	5 licensed under the Assisted Living and Shared Housing Act,
514	514	6 except only for purposes of the employment of persons in
515	515	7 accordance with Section 3-206.01 of the Nursing Home Care
516	516	8 Act;
517	517	9 (10) an Alzheimer's disease management center
518	518	10 alternative health care model licensed under the
519	519	11 Alternative Health Care Delivery Act;
520	520	12 (11) a home, institution, or other place operated by
521	521	13 or under the authority of the Illinois Department of
522	522	14 Veterans' Affairs;
523	523	15 (12) a facility licensed under the ID/DD Community
524	524	16 Care Act;
525	525	17 (13) a facility licensed under the Nursing Home Care
526	526	18 Act after July 22, 2013 (the effective date of this Act);
527	527	19 or
528	528	20 (14) a facility licensed under the MC/DD Act; or .
529	529	21 (15) a psychiatric residential treatment facility
530	530	22 certified under the Psychiatric Residential Treatment
531	531	23 Facilities (PRTF) Act.
532	532	24 "Executive director" means a person who is charged with
533	533	25 the general administration and supervision of a facility
534	534	26 licensed under this Act and who is a licensed nursing home
535	535
536	536
537	537
538	538
539	539
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541	541
542	542
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544	544	HB3640 - 15 - LRB104 10638 KTG 20715 b
545	545	1 administrator, licensed practitioner of the healing arts, or
546	546	2 qualified mental health professional.
547	547	3 "Guardian" means a person appointed as a guardian of the
548	548	4 person or guardian of the estate, or both, of a consumer under
549	549	5 the Probate Act of 1975.
550	550	6 "Identified offender" means a person who meets any of the
551	551	7 following criteria:
552	552	8 (1) Has been convicted of, found guilty of,
553	553	9 adjudicated delinquent for, found not guilty by reason of
554	554	10 insanity for, or found unfit to stand trial for, any
555	555	11 felony offense listed in Section 25 of the Health Care
556	556	12 Worker Background Check Act, except for the following:
557	557	13 (i) a felony offense described in Section 10-5 of
558	558	14 the Nurse Practice Act;
559	559	15 (ii) a felony offense described in Section 4, 5,
560	560	16 6, 8, or 17.02 of the Illinois Credit Card and Debit
561	561	17 Card Act;
562	562	18 (iii) a felony offense described in Section 5,
563	563	19 5.1, 5.2, 7, or 9 of the Cannabis Control Act;
564	564	20 (iv) a felony offense described in Section 401,
565	565	21 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
566	566	22 Controlled Substances Act; and
567	567	23 (v) a felony offense described in the
568	568	24 Methamphetamine Control and Community Protection Act.
569	569	25 (2) Has been convicted of, adjudicated delinquent for,
570	570	26 found not guilty by reason of insanity for, or found unfit
571	571
572	572
573	573
574	574
575	575
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577	577
578	578
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580	580	HB3640 - 16 - LRB104 10638 KTG 20715 b
581	581	1 to stand trial for any sex offense as defined in
582	582	2 subsection (c) of Section 10 of the Sex Offender
583	583	3 Management Board Act.
584	584	4 "Transitional living units" are residential units within a
585	585	5 facility that have the purpose of assisting the consumer in
586	586	6 developing and reinforcing the necessary skills to live
587	587	7 independently outside of the facility. The duration of stay in
588	588	8 such a setting shall not exceed 120 days for each consumer.
589	589	9 Nothing in this definition shall be construed to be a
590	590	10 prerequisite for transitioning out of a facility.
591	591	11 "Licensee" means the person, persons, firm, partnership,
592	592	12 association, organization, company, corporation, or business
593	593	13 trust to which a license has been issued.
594	594	14 "Misappropriation of a consumer's property" means the
595	595	15 deliberate misplacement, exploitation, or wrongful temporary
596	596	16 or permanent use of a consumer's belongings or money without
597	597	17 the consent of a consumer or his or her guardian.
598	598	18 "Neglect" means a facility's failure to provide, or
599	599	19 willful withholding of, adequate medical care, mental health
600	600	20 treatment, psychiatric rehabilitation, personal care, or
601	601	21 assistance that is necessary to avoid physical harm and mental
602	602	22 anguish of a consumer.
603	603	23 "Personal care" means assistance with meals, dressing,
604	604	24 movement, bathing, or other personal needs, maintenance, or
605	605	25 general supervision and oversight of the physical and mental
606	606	26 well-being of an individual who is incapable of maintaining a
607	607
608	608
609	609
610	610
611	611
612	612	HB3640 - 16 - LRB104 10638 KTG 20715 b
613	613
614	614
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616	616	HB3640 - 17 - LRB104 10638 KTG 20715 b
617	617	1 private, independent residence or who is incapable of managing
618	618	2 his or her person, whether or not a guardian has been appointed
619	619	3 for such individual. "Personal care" shall not be construed to
620	620	4 confine or otherwise constrain a facility's pursuit to develop
621	621	5 the skills and abilities of a consumer to become
622	622	6 self-sufficient and capable of increasing levels of
623	623	7 independent functioning.
624	624	8 "Recovery and rehabilitation supports" means a program
625	625	9 that facilitates a consumer's longer-term symptom management
626	626	10 and stabilization while preparing the consumer for
627	627	11 transitional living units by improving living skills and
628	628	12 community socialization. The duration of stay in such a
629	629	13 setting shall be established by the Department by rule.
630	630	14 "Restraint" means:
631	631	15 (i) a physical restraint that is any manual method or
632	632	16 physical or mechanical device, material, or equipment
633	633	17 attached or adjacent to a consumer's body that the
634	634	18 consumer cannot remove easily and restricts freedom of
635	635	19 movement or normal access to one's body; devices used for
636	636	20 positioning, including, but not limited to, bed rails,
637	637	21 gait belts, and cushions, shall not be considered to be
638	638	22 restraints for purposes of this Section; or
639	639	23 (ii) a chemical restraint that is any drug used for
640	640	24 discipline or convenience and not required to treat
641	641	25 medical symptoms; the Department shall, by rule, designate
642	642	26 certain devices as restraints, including at least all
643	643
644	644
645	645
646	646
647	647
648	648	HB3640 - 17 - LRB104 10638 KTG 20715 b
649	649
650	650
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652	652	HB3640 - 18 - LRB104 10638 KTG 20715 b
653	653	1 those devices that have been determined to be restraints
654	654	2 by the United States Department of Health and Human
655	655	3 Services in interpretive guidelines issued for the
656	656	4 purposes of administering Titles XVIII and XIX of the
657	657	5 federal Social Security Act. For the purposes of this Act,
658	658	6 restraint shall be administered only after utilizing a
659	659	7 coercive free environment and culture.
660	660	8 "Self-administration of medication" means consumers shall
661	661	9 be responsible for the control, management, and use of their
662	662	10 own medication.
663	663	11 "Crisis stabilization" means a secure and separate unit
664	664	12 that provides short-term behavioral, emotional, or psychiatric
665	665	13 crisis stabilization as an alternative to hospitalization or
666	666	14 re-hospitalization for consumers from residential or community
667	667	15 placement. The duration of stay in such a setting shall not
668	668	16 exceed 21 days for each consumer.
669	669	17 "Therapeutic separation" means the removal of a consumer
670	670	18 from the milieu to a room or area which is designed to aid in
671	671	19 the emotional or psychiatric stabilization of that consumer.
672	672	20 "Triage center" means a non-residential 23-hour center
673	673	21 that serves as an alternative to emergency room care,
674	674	22 hospitalization, or re-hospitalization for consumers in need
675	675	23 of short-term crisis stabilization. Consumers may access a
676	676	24 triage center from a number of referral sources, including
677	677	25 family, emergency rooms, hospitals, community behavioral
678	678	26 health providers, federally qualified health providers, or
679	679
680	680
681	681
682	682
683	683
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685	685
686	686
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688	688	HB3640 - 19 - LRB104 10638 KTG 20715 b
689	689	1 schools, including colleges or universities. A triage center
690	690	2 may be located in a building separate from the licensed
691	691	3 location of a facility, but shall not be more than 1,000 feet
692	692	4 from the licensed location of the facility and must meet all of
693	693	5 the facility standards applicable to the licensed location. If
694	694	6 the triage center does operate in a separate building, safety
695	695	7 personnel shall be provided, on site, 24 hours per day and the
696	696	8 triage center shall meet all other staffing requirements
697	697	9 without counting any staff employed in the main facility
698	698	10 building.
699	699	11 (Source: P.A. 102-1053, eff. 6-10-22; 102-1118, eff. 1-18-23.)
700	700	12 Section 110. The Hospital Licensing Act is amended by
701	701	13 changing Section 3 as follows:
702	702	14 (210 ILCS 85/3)
703	703	15 Sec. 3. As used in this Act:
704	704	16 (A) "Hospital" means any institution, place, building,
705	705	17 buildings on a campus, or agency, public or private, whether
706	706	18 organized for profit or not, devoted primarily to the
707	707	19 maintenance and operation of facilities for the diagnosis and
708	708	20 treatment or care of 2 or more unrelated persons admitted for
709	709	21 overnight stay or longer in order to obtain medical, including
710	710	22 obstetric, psychiatric and nursing, care of illness, disease,
711	711	23 injury, infirmity, or deformity.
712	712	24 The term "hospital", without regard to length of stay,
713	713
714	714
715	715
716	716
717	717
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719	719
720	720
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723	723	1 shall also include:
724	724	2 (a) any facility which is devoted primarily to
725	725	3 providing psychiatric and related services and programs
726	726	4 for the diagnosis and treatment or care of 2 or more
727	727	5 unrelated persons suffering from emotional or nervous
728	728	6 diseases;
729	729	7 (b) all places where pregnant females are received,
730	730	8 cared for, or treated during delivery irrespective of the
731	731	9 number of patients received; and
732	732	10 (c) on and after January 1, 2023, a rural emergency
733	733	11 hospital, as that term is defined under subsection
734	734	12 (kkk)(2) of Section 1861 of the federal Social Security
735	735	13 Act; to provide for the expeditious and timely
736	736	14 implementation of this amendatory Act of the 102nd General
737	737	15 Assembly, emergency rules to implement the changes made to
738	738	16 the definition of "hospital" by this amendatory Act of the
739	739	17 102nd General Assembly may be adopted by the Department
740	740	18 subject to the provisions of Section 5-45 of the Illinois
741	741	19 Administrative Procedure Act.
742	742	20 The term "hospital" includes general and specialized
743	743	21 hospitals, tuberculosis sanitaria, mental or psychiatric
744	744	22 hospitals and sanitaria, and includes maternity homes,
745	745	23 lying-in homes, and homes for unwed mothers in which care is
746	746	24 given during delivery.
747	747	25 The term "hospital" does not include:
748	748	26 (1) any person or institution required to be licensed
749	749
750	750
751	751
752	752
753	753
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755	755
756	756
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758	758	HB3640 - 21 - LRB104 10638 KTG 20715 b
759	759	1 pursuant to the Nursing Home Care Act, the Specialized
760	760	2 Mental Health Rehabilitation Act of 2013, the ID/DD
761	761	3 Community Care Act, or the MC/DD Act;
762	762	4 (2) hospitalization or care facilities maintained by
763	763	5 the State or any department or agency thereof, where such
764	764	6 department or agency has authority under law to establish
765	765	7 and enforce standards for the hospitalization or care
766	766	8 facilities under its management and control;
767	767	9 (3) hospitalization or care facilities maintained by
768	768	10 the federal government or agencies thereof;
769	769	11 (4) hospitalization or care facilities maintained by
770	770	12 any university or college established under the laws of
771	771	13 this State and supported principally by public funds
772	772	14 raised by taxation;
773	773	15 (5) any person or facility required to be licensed
774	774	16 pursuant to the Substance Use Disorder Act;
775	775	17 (6) any facility operated solely by and for persons
776	776	18 who rely exclusively upon treatment by spiritual means
777	777	19 through prayer, in accordance with the creed or tenets of
778	778	20 any well-recognized church or religious denomination;
779	779	21 (7) an Alzheimer's disease management center
780	780	22 alternative health care model licensed under the
781	781	23 Alternative Health Care Delivery Act; or
782	782	24 (8) any veterinary hospital or clinic operated by a
783	783	25 veterinarian or veterinarians licensed under the
784	784	26 Veterinary Medicine and Surgery Practice Act of 2004 or
785	785
786	786
787	787
788	788
789	789
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791	791
792	792
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794	794	HB3640 - 22 - LRB104 10638 KTG 20715 b
795	795	1 maintained by a State-supported or publicly funded
796	796	2 university or college; or .
797	797	3 (9) a psychiatric residential treatment facility
798	798	4 certified under the Psychiatric Residential Treatment
799	799	5 Facilities (PRTF) Act.
800	800	6 (B) "Person" means the State, and any political
801	801	7 subdivision or municipal corporation, individual, firm,
802	802	8 partnership, corporation, company, association, or joint stock
803	803	9 association, or the legal successor thereof.
804	804	10 (C) "Department" means the Department of Public Health of
805	805	11 the State of Illinois.
806	806	12 (D) "Director" means the Director of Public Health of the
807	807	13 State of Illinois.
808	808	14 (E) "Perinatal" means the period of time between the
809	809	15 conception of an infant and the end of the first month after
810	810	16 birth.
811	811	17 (F) "Federally designated organ procurement agency" means
812	812	18 the organ procurement agency designated by the Secretary of
813	813	19 the U.S. Department of Health and Human Services for the
814	814	20 service area in which a hospital is located; except that in the
815	815	21 case of a hospital located in a county adjacent to Wisconsin
816	816	22 which currently contracts with an organ procurement agency
817	817	23 located in Wisconsin that is not the organ procurement agency
818	818	24 designated by the U.S. Secretary of Health and Human Services
819	819	25 for the service area in which the hospital is located, if the
820	820	26 hospital applies for a waiver pursuant to 42 U.S.C.
821	821
822	822
823	823
824	824
825	825
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827	827
828	828
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830	830	HB3640 - 23 - LRB104 10638 KTG 20715 b
831	831	1 1320b-8(a), it may designate an organ procurement agency
832	832	2 located in Wisconsin to be thereafter deemed its federally
833	833	3 designated organ procurement agency for the purposes of this
834	834	4 Act.
835	835	5 (G) "Tissue bank" means any facility or program operating
836	836	6 in Illinois that is certified by the American Association of
837	837	7 Tissue Banks or the Eye Bank Association of America and is
838	838	8 involved in procuring, furnishing, donating, or distributing
839	839	9 corneas, bones, or other human tissue for the purpose of
840	840	10 injecting, transfusing, or transplanting any of them into the
841	841	11 human body. "Tissue bank" does not include a licensed blood
842	842	12 bank. For the purposes of this Act, "tissue" does not include
843	843	13 organs.
844	844	14 (H) "Campus", as this term applies to operations, has the
845	845	15 same meaning as the term "campus" as set forth in federal
846	846	16 Medicare regulations, 42 CFR 413.65.
847	847	17 (Source: P.A. 102-1118, eff. 1-18-23.)
848	848	18 Section 115. The Nursing Home Care Act is amended by
849	849	19 changing Section 1-113 as follows:
850	850	20 (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
851	851	21 Sec. 1-113. "Facility" or "long-term care facility" means
852	852	22 a private home, institution, building, residence, or any other
853	853	23 place, whether operated for profit or not, or a county home for
854	854	24 the infirm and chronically ill operated pursuant to Division
855	855
856	856
857	857
858	858
859	859
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861	861
862	862
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865	865	1 5-21 or 5-22 of the Counties Code, or any similar institution
866	866	2 operated by a political subdivision of the State of Illinois,
867	867	3 which provides, through its ownership or management, personal
868	868	4 care, sheltered care or nursing for 3 or more persons, not
869	869	5 related to the applicant or owner by blood or marriage. It
870	870	6 includes skilled nursing facilities and intermediate care
871	871	7 facilities as those terms are defined in Title XVIII and Title
872	872	8 XIX of the federal Social Security Act. It also includes
873	873	9 homes, institutions, or other places operated by or under the
874	874	10 authority of the Illinois Department of Veterans' Affairs.
875	875	11 "Facility" does not include the following:
876	876	12 (1) A home, institution, or other place operated by
877	877	13 the federal government or agency thereof, or by the State
878	878	14 of Illinois, other than homes, institutions, or other
879	879	15 places operated by or under the authority of the Illinois
880	880	16 Department of Veterans' Affairs;
881	881	17 (2) A hospital, sanitarium, or other institution whose
882	882	18 principal activity or business is the diagnosis, care, and
883	883	19 treatment of human illness through the maintenance and
884	884	20 operation as organized facilities therefor, which is
885	885	21 required to be licensed under the Hospital Licensing Act;
886	886	22 (3) Any "facility for child care" as defined in the
887	887	23 Child Care Act of 1969;
888	888	24 (4) Any "Community Living Facility" as defined in the
889	889	25 Community Living Facilities Licensing Act;
890	890	26 (5) Any "community residential alternative" as defined
891	891
892	892
893	893
894	894
895	895
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897	897
898	898
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901	901	1 in the Community Residential Alternatives Licensing Act;
902	902	2 (6) Any nursing home or sanatorium operated solely by
903	903	3 and for persons who rely exclusively upon treatment by
904	904	4 spiritual means through prayer, in accordance with the
905	905	5 creed or tenets of any well-recognized church or religious
906	906	6 denomination. However, such nursing home or sanatorium
907	907	7 shall comply with all local laws and rules relating to
908	908	8 sanitation and safety;
909	909	9 (7) Any facility licensed by the Department of Human
910	910	10 Services as a community-integrated living arrangement as
911	911	11 defined in the Community-Integrated Living Arrangements
912	912	12 Licensure and Certification Act;
913	913	13 (8) Any "Supportive Residence" licensed under the
914	914	14 Supportive Residences Licensing Act;
915	915	15 (9) Any "supportive living facility" in good standing
916	916	16 with the program established under Section 5-5.01a of the
917	917	17 Illinois Public Aid Code, except only for purposes of the
918	918	18 employment of persons in accordance with Section 3-206.01;
919	919	19 (10) Any assisted living or shared housing
920	920	20 establishment licensed under the Assisted Living and
921	921	21 Shared Housing Act, except only for purposes of the
922	922	22 employment of persons in accordance with Section 3-206.01;
923	923	23 (11) An Alzheimer's disease management center
924	924	24 alternative health care model licensed under the
925	925	25 Alternative Health Care Delivery Act;
926	926	26 (12) A facility licensed under the ID/DD Community
927	927
928	928
929	929
930	930
931	931
932	932	HB3640 - 25 - LRB104 10638 KTG 20715 b
933	933
934	934
935	935	HB3640- 26 -LRB104 10638 KTG 20715 b HB3640 - 26 - LRB104 10638 KTG 20715 b
936	936	HB3640 - 26 - LRB104 10638 KTG 20715 b
937	937	1 Care Act;
938	938	2 (13) A facility licensed under the Specialized Mental
939	939	3 Health Rehabilitation Act of 2013;
940	940	4 (14) A facility licensed under the MC/DD Act; or
941	941	5 (15) A medical foster home, as defined in 38 CFR
942	942	6 17.73, that is under the oversight of the United States
943	943	7 Department of Veterans Affairs; or .
944	944	8 (16) A psychiatric residential treatment facility
945	945	9 certified under the Psychiatric Residential Treatment
946	946	10 Facilities (PRTF) Act.
947	947	11 (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;
948	948	12 99-376, eff. 1-1-16; 99-642, eff. 7-28-16.)
949	949	13 Section 120. The ID/DD Community Care Act is amended by
950	950	14 changing Section 1-113 as follows:
951	951	15 (210 ILCS 47/1-113)
952	952	16 Sec. 1-113. Facility. "ID/DD facility" or "facility"
953	953	17 means an intermediate care facility for persons with
954	954	18 developmental disabilities, whether operated for profit or
955	955	19 not, which provides, through its ownership or management,
956	956	20 personal care or nursing for 3 or more persons not related to
957	957	21 the applicant or owner by blood or marriage. It includes
958	958	22 intermediate care facilities for the intellectually disabled
959	959	23 as the term is defined in Title XVIII and Title XIX of the
960	960	24 federal Social Security Act.
961	961
962	962
963	963
964	964
965	965
966	966	HB3640 - 26 - LRB104 10638 KTG 20715 b
967	967
968	968
969	969	HB3640- 27 -LRB104 10638 KTG 20715 b HB3640 - 27 - LRB104 10638 KTG 20715 b
970	970	HB3640 - 27 - LRB104 10638 KTG 20715 b
971	971	1 "Facility" does not include the following:
972	972	2 (1) A home, institution, or other place operated by
973	973	3 the federal government or agency thereof, or by the State
974	974	4 of Illinois, other than homes, institutions, or other
975	975	5 places operated by or under the authority of the Illinois
976	976	6 Department of Veterans' Affairs;
977	977	7 (2) A hospital, sanitarium, or other institution whose
978	978	8 principal activity or business is the diagnosis, care, and
979	979	9 treatment of human illness through the maintenance and
980	980	10 operation as organized facilities therefore, which is
981	981	11 required to be licensed under the Hospital Licensing Act;
982	982	12 (3) Any "facility for child care" as defined in the
983	983	13 Child Care Act of 1969;
984	984	14 (4) Any "community living facility" as defined in the
985	985	15 Community Living Facilities Licensing Act;
986	986	16 (5) Any "community residential alternative" as defined
987	987	17 in the Community Residential Alternatives Licensing Act;
988	988	18 (6) Any nursing home or sanatorium operated solely by
989	989	19 and for persons who rely exclusively upon treatment by
990	990	20 spiritual means through prayer, in accordance with the
991	991	21 creed or tenets of any well recognized church or religious
992	992	22 denomination. However, such nursing home or sanatorium
993	993	23 shall comply with all local laws and rules relating to
994	994	24 sanitation and safety;
995	995	25 (7) Any facility licensed by the Department of Human
996	996	26 Services as a community-integrated living arrangement as
997	997
998	998
999	999
1000	1000
1001	1001
1002	1002	HB3640 - 27 - LRB104 10638 KTG 20715 b
1003	1003
1004	1004
1005	1005	HB3640- 28 -LRB104 10638 KTG 20715 b HB3640 - 28 - LRB104 10638 KTG 20715 b
1006	1006	HB3640 - 28 - LRB104 10638 KTG 20715 b
1007	1007	1 defined in the Community-Integrated Living Arrangements
1008	1008	2 Licensure and Certification Act;
1009	1009	3 (8) Any "supportive residence" licensed under the
1010	1010	4 Supportive Residences Licensing Act;
1011	1011	5 (9) Any "supportive living facility" in good standing
1012	1012	6 with the program established under Section 5-5.01a of the
1013	1013	7 Illinois Public Aid Code, except only for purposes of the
1014	1014	8 employment of persons in accordance with Section 3-206.01;
1015	1015	9 (10) Any assisted living or shared housing
1016	1016	10 establishment licensed under the Assisted Living and
1017	1017	11 Shared Housing Act, except only for purposes of the
1018	1018	12 employment of persons in accordance with Section 3-206.01;
1019	1019	13 (11) An Alzheimer's disease management center
1020	1020	14 alternative health care model licensed under the
1021	1021	15 Alternative Health Care Delivery Act;
1022	1022	16 (12) A home, institution, or other place operated by
1023	1023	17 or under the authority of the Illinois Department of
1024	1024	18 Veterans' Affairs; or
1025	1025	19 (13) Any MC/DD facility licensed under the MC/DD Act;
1026	1026	20 or .
1027	1027	21 (14) A psychiatric residential treatment facility
1028	1028	22 certified under the Psychiatric Residential Treatment
1029	1029	23 Facilities (PRTF) Act.
1030	1030	24 (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
1031	1031	25 99-642, eff. 7-28-16.)
1032	1032
1033	1033
1034	1034
1035	1035
1036	1036
1037	1037	HB3640 - 28 - LRB104 10638 KTG 20715 b
1038	1038
1039	1039
1040	1040	HB3640- 29 -LRB104 10638 KTG 20715 b HB3640 - 29 - LRB104 10638 KTG 20715 b
1041	1041	HB3640 - 29 - LRB104 10638 KTG 20715 b
1042	1042	1 Section 125. The Child Care Act of 1969 is amended by
1043	1043	2 changing Section 2.06 as follows:
1044	1044	3 (225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
1045	1045	4 Sec. 2.06. "Child care institution" means a child care
1046	1046	5 facility where more than 7 children are received and
1047	1047	6 maintained for the purpose of providing them with care or
1048	1048	7 training or both. The term "child care institution" includes
1049	1049	8 residential schools, primarily serving ambulatory children
1050	1050	9 with disabilities, and those operating a full calendar year,
1051	1051	10 but does not include:
1052	1052	11 (a) any State-operated institution for child care
1053	1053	12 established by legislative action;
1054	1054	13 (b) any juvenile detention or shelter care home
1055	1055	14 established and operated by any county or child protection
1056	1056	15 district established under the "Child Protection Act";
1057	1057	16 (c) any institution, home, place or facility operating
1058	1058	17 under a license pursuant to the Nursing Home Care Act, the
1059	1059	18 Specialized Mental Health Rehabilitation Act of 2013, the
1060	1060	19 ID/DD Community Care Act, or the MC/DD Act;
1061	1061	20 (d) any bona fide boarding school in which children
1062	1062	21 are primarily taught branches of education corresponding
1063	1063	22 to those taught in public schools, grades one through 12,
1064	1064	23 or taught in public elementary schools, high schools, or
1065	1065	24 both elementary and high schools, and which operates on a
1066	1066	25 regular academic school year basis;
1067	1067
1068	1068
1069	1069
1070	1070
1071	1071
1072	1072	HB3640 - 29 - LRB104 10638 KTG 20715 b
1073	1073
1074	1074
1075	1075	HB3640- 30 -LRB104 10638 KTG 20715 b HB3640 - 30 - LRB104 10638 KTG 20715 b
1076	1076	HB3640 - 30 - LRB104 10638 KTG 20715 b
1077	1077	1 (e) any facility licensed as a "group home" as defined
1078	1078	2 in this Act; or
1079	1079	3 (f) any qualified residential treatment program; or .
1080	1080	4 (g) any psychiatric residential treatment facility
1081	1081	5 certified under the Psychiatric Residential Treatment
1082	1082	6 Facilities (PRTF) Act.
1083	1083	7 (Source: P.A. 103-564, eff. 11-17-23.)
1084	1084
1085	1085
1086	1086
1087	1087
1088	1088
1089	1089	HB3640 - 30 - LRB104 10638 KTG 20715 b