2023 Illinois Compiled Statutes › Chapter 210 - HEALTH FACILITIES AND REGULATION › 210 ILCS 65/ - Supportive Residences Licensing Act.

(210 ILCS 65/1) (from Ch. 111 1/2, par. 9001)
Sec. 1. 
		Short title. 
		This Act may be cited as the Supportive Residences Licensing Act.
(Source: P.A. 87-840.)
(210 ILCS 65/5) (from Ch. 111 1/2, par. 9005)
Sec. 5. 
		Purpose. 
		The purpose of this Act is to authorize the Department
of Public Health to license Supportive Residences for Persons with HIV
Disease using standards appropriate to this type of residential setting.
Supportive Residences for Persons with HIV Disease provide a home-like
atmosphere as well as a continuum of care which takes into account the
special needs of persons with HIV Disease.  The Act authorizes the
Department of Public Health to establish minimum standards, rules, and
regulations that will facilitate the provision of quality residential care
that is specific to the unique needs of persons with HIV Disease, while
ensuring the protection of residents' rights and general welfare.
(Source: P.A. 87-840; 87-895.)
(210 ILCS 65/10) (from Ch. 111 1/2, par. 9010)
Sec. 10. 
		Definitions. 
		As used in this Act:
"Applicant" means any not-for-profit corporation making application for
a license.
"Department" means the Illinois Department of Public Health.
"Director" means the Director of the Illinois Department of Public Health.
"Facility" means a private home, institution, building, residence, or any
other place that provides a home-like atmosphere as well as a continuum of
care which takes into account the special needs of persons with HIV Disease.
"License" means any of the following types of licenses issued to an
applicant or licensee by the Department.
(a) "Probationary license" means a license issued to     an applicant or licensee which has not held a license contiguous to its application.
(b) "Regular license" means a license issued to an     applicant or licensee that is in substantial compliance with this Act and its rules and regulations.
"Licensee" means an applicant that has been issued a license under this Act.
"Owner" means the not-for-profit corporation that owns a Supportive
Residence. If a Supportive Residence is operated by a person or
entity who leases the physical plant that is owned by another person or
entity, "owner" means the person who operates the Supportive Residence;
except that if the person or entity who owns the physical plant is an
affiliate of the person who operates the Supportive Residence and has
significant control over the day-to-day operations of the Supportive
Residence, the person or entity who owns the physical plant shall incur,
jointly and severally with the owner, all liabilities imposed on an owner
under this Act.
"Plan of correction" means a written plan submitted to the
Department for correction of a violation of this Act or its rules
that are cited by the Department. The plan shall describe the steps that
will be taken in order to bring the Supportive Residence into compliance
and the time frame for completion of each step.
"Qualified surveyor" means any individual or governmental agency
designated by the Department to survey Supportive Residences for compliance
with this Act and its rules and regulations.
"Resident" means a person residing in a Supportive Residence.
"Supportive Residence" means a Supportive Residence for
persons with HIV Disease.
(Source: P.A. 87-840; 87-895.)
(210 ILCS 65/15) (from Ch. 111 1/2, par. 9015)
Sec. 15. 
		Department's powers and duties. 
		The Department shall
establish a system of licensure for Supportive Residences, in accordance
with this Act, for the purposes of:
(a) protecting the health, safety, and welfare of the residents;
(b) protecting the residents' rights; and
(c) monitoring and inspecting Supportive Residences to ensure that
minimum physical plant standards are maintained.
(Source: P.A. 87-840.)
(210 ILCS 65/20) (from Ch. 111 1/2, par. 9020)
Sec. 20. Licensing standards.
(a) The Department shall promulgate rules establishing minimum standards for
licensing and operating Supportive Residences in municipalities with a
population over 500,000. No such municipality shall have more than 12
Supportive Residences. These rules shall regulate the operation and conduct of
Supportive Residences and shall include but not be limited to:
(1) development and maintenance of a case management     system by which an integrated care plan is to be created for each resident;
(2) the training and qualifications of personnel     directly responsible for providing care to residents;
(3) provisions and criteria for admission, discharge,     and transfer of residents;
(4) provisions for residents to receive appropriate     programming and support services commensurate with their individual needs;
(5) agreements between Supportive Residences and     hospitals or other health care providers;
(6) residents' rights and responsibilities and those     of their families and guardians;
(7) fee and other contractual agreements between     Supportive Residences and residents;
(8) medical and supportive services for residents;
(9) the safety, cleanliness, and general adequacy of     the premises, including provision for maintenance of fire and health standards that conform to State laws and municipal codes, to provide for the physical comfort, well-being, care, and protection of the residents;
(10) maintenance of records and residents' rights of     access to those records; and
(11) procedures for reporting abuse or neglect of     residents.
(b) The rules shall also regulate the general financial ability,
competence, character, and qualifications of the applicant to
provide appropriate care and comply with this Act.
(c) The Department may promulgate special rules and regulations establishing
minimum standards for Supportive Residences that permit the admission of:
(1) residents who are parents with children, whether     either or both have HIV Disease; or
(2) residents with HIV Disease who are also persons     with developmental or physical disabilities.
(d) Nothing in this Act shall be construed to impair or abridge the power
of municipalities to enforce municipal zoning or land use ordinances.
(Source: P.A. 99-143, eff. 7-27-15.)
(210 ILCS 65/25) (from Ch. 111 1/2, par. 9025)
Sec. 25. 
		Issuance of licenses.
(a) All Supportive Residences shall be
licensed by the Department. The procedures for obtaining a valid license
are set forth in this Section.
(b) Application for a license shall be made on forms provided and in the
manner prescribed by the Department. There shall be no application fee.
(c) Upon receipt of an application filed in proper order, the Department
shall review the application and shall make an on-site evaluation of the
proposed Supportive Residence.
(d) The evaluation shall be conducted by a qualified surveyor
representing the Department.
(e) If the Department has determined on the basis of available
documentation and a preliminary on-site evaluation, if the Department deems
that such an evaluation is necessary, that the Supportive Residence is in
substantial compliance with the Act and its rules and regulations, it
shall issue a probationary license.  This license shall be valid for a
period not to exceed 6 months from the date of issuance. Within
30 days before the expiration of the probationary license, a
qualified surveyor representing the Department shall conduct an on-site
final evaluation. If, at the time of the final evaluation, the Supportive
Residence is in substantial compliance with this Act, the Department shall
issue a regular license which replaces the probationary license.
(f) A regular license shall normally be valid for a one year period
from the date of issuance.  The Director, however, may issue licenses or
renewals for a period of not less than 6 months nor more than 18 months in
order to distribute the expiration dates of the licenses throughout the
calendar year. A license is not transferable, but may be
issued for more than one facility.
(g) As a condition of the issuance or renewal of a license, the
applicant or licensee shall file a statement of ownership, which shall be
public information and which shall be available from the Department. The
statement of ownership shall include
the name, address, telephone number, occupation or business activity,
business address and business telephone number of the person or entity who
is the owner of the Supportive Residence and every person or entity who
owns the building in which the Supportive Residence is located, if other
than the owner; and, the address of any facility, wherever located, any
financial interest of which is owned by the applicant or licensee, if the
facility were required to be licensed if it were located in this State.
(Source: P.A. 87-840.)
(210 ILCS 65/30) (from Ch. 111 1/2, par. 9030)
Sec. 30. Departmental inspection.
(a) The Department may inspect the records and premises of a Supportive
Residence whenever the Department determines it to be appropriate.
(b) The Department shall investigate all reports of violations from any
other governmental entity that also has monitoring responsibilities for
Supportive Residences.
(c) If the Department determines that a Supportive Residence is not in
compliance with this Act, the Department shall promptly serve a notice of
violation upon the licensee.
Each notice of violation shall be prepared in writing and shall specify the
nature of the violation, the statutory provision or rule alleged to have
been violated, and the requirement that the licensee submit a plan of
correction to the Department. The notice shall also inform the licensee of
any other action the Department might take under this Act and
of his right to a hearing under Section 55 of this Act.
(Source: P.A. 95-331, eff. 8-21-07.)
(210 ILCS 65/35) (from Ch. 111 1/2, par. 9035)
Sec. 35. 
		Renewal of license; transfer of ownership.
(a) Within 120 to 150 days
before the expiration of the license, the licensee shall apply to the
Department for renewal of the license. The procedure for renewing a valid
license for a Supportive Residence shall be the same as applying for the
initial license, under Section 25 of this Act. If the Department has
determined on the basis of available documentation that the Supportive
Residence is in substantial compliance with this Act and its rules,
it shall renew the regular license for another one year period.
(b) Whenever ownership of a facility is transferred from the licensee to
any other not-for-profit corporation,
then the transferee must obtain a new probationary license. The
transferee shall notify the Department of the transfer and apply for a new
license at least 30 days before the final transfer. The
requirement for an on-site inspection in Section 25 may be waived if the
Department has conducted a survey of the Supportive Residence within the
past 60 days and the survey disclosed substantial compliance with this Act,
its rules and regulations.
(Source: P.A. 87-840.)
(210 ILCS 65/40) (from Ch. 111 1/2, par. 9040)
Sec. 40. 
		Operation without a license. 
		Any not-for-profit corporation
that operates a Supportive Residence without a valid license
from the Department after the effective date of this Act is guilty of a
business offense and shall be fined an amount in excess of
$500 but not exceeding $10,000.
Each day of violation is a separate violation. If the Department determines
that a Supportive Residence is operating without a valid license, it shall
report the results of its investigation to the Attorney General or the
appropriate State's Attorney for prosecution.
(Source: P.A. 87-840.)
(210 ILCS 65/45) (from Ch. 111 1/2, par. 9045)
Sec. 45. 
		Procedures for filing a complaint.
(a) Any person, agency, association, or governmental body may file a
complaint with the Department alleging that a Supportive Residence is in
violation of this Act or its rules and regulations.
(b) The Department may conduct an investigation in order to determine if
the Supportive Residence is in compliance. If, based on the results of its
investigation, the Department determines that the Supportive Residence is
not in compliance, it shall promptly serve a notice of violation on the
licensee. This notice of violation shall comply with the requirements
described in subsection (c) of Section 30 of this Act. The Department may
notify the complainant of its findings.
(c) The complaint, a copy of the complaint, or a record published, released
or otherwise disclosed to the Supportive Residence shall not disclose the
name of the complainant unless the complainant consents in writing to the
disclosure, the investigation results in a judicial proceeding, or
disclosure is essential to the investigation.
(d) A licensee or its agents shall not transfer, discharge, evict,
harass, dismiss, or retaliate against a resident or an employee or agent
who files a complaint under this Section or who testifies under Section
55 of this Act because of the complaint or testimony.
(e) Any person participating in good faith in the making of a complaint,
or in the investigation of such a complaint, shall not be deemed to have
violated any privileged communication and shall have immunity from any
liability, civil or criminal action or proceeding, or any action or
proceeding that otherwise might result as a consequence of making such a
complaint. The good faith of any persons making a complaint or
participating in the investigation of such a complaint shall be presumed.
(Source: P.A. 87-840.)
(210 ILCS 65/50) (from Ch. 111 1/2, par. 9050)
Sec. 50. 
		Grounds for denial or revocation of a license. 
		The Department
may deny or bring proceedings to revoke a license if the applicant or
licensee has been convicted of a felony or 2 or more misdemeanors
involving moral turpitude, as shown by a certified copy of the court of
conviction; if the Department determines after investigation that such
person has not been sufficiently rehabilitated to warrant the public trust;
or upon other satisfactory evidence that the moral character of the
applicant or licensee is not reputable. In addition, the Department may
deny or begin proceedings to revoke a license at any time if the licensee:
(a) submits false information either on Department licensure forms or
during an inspection;
(b) refuse to allow an inspection to occur;
(c) violates this Act or its rules and regulations;
(d) violates the rights of its residents; or
(e) fails to submit or implement a plan of correction within the specified time period.
(Source: P.A. 87-840.)
(210 ILCS 65/55) (from Ch. 111 1/2, par. 9055)
Sec. 55. 
		Right to hearing.
(a) No license may be denied or revoked unless the applicant or licensee
is given written notice of the grounds for the Department's action. The
applicant or licensee may appeal the Department's proposed action within
15 days after receipt of the Department's written notice by
making a request to the Department for a hearing.
Notice of the time, place, and nature of the hearing shall be given to the
applicant or licensee not less than 2 weeks before the date of the
hearing. The hearing shall be conducted in accordance with the Illinois
Administrative Procedure Act.
The Director may appoint a hearing officer to preside
at any administrative hearing under this Act.
(b) If the applicant or licensee does not submit a request for hearing
as provided for in this Section, or if after conducting the hearing the
Department determines that the license should not be issued or that the
license should be revoked or denied, the Department shall issue an order to
that effect. If the order is to revoke the license, it shall specify that
the order takes effect upon receipt by the licensee and that the
Supportive Residence shall not operate during the pendency of any
proceeding for judicial review of the Department's decision, except under court
order.
(c) Final administrative decisions shall be subject to judicial review
exclusively as provided in the Administrative Review Law,
except that any petition for judicial
review of Department action under this Act shall be filed within
15 days after receipt of notice of the final agency determination. The
term "administrative decision" has the meaning ascribed to it in Section
3-101 of the Administrative Review Law.
The court may stay enforcement of the Department's final decision if a
showing is made that there is a substantial probability that the party
seeking review will prevail on the merits and will suffer irreparable harm
if the stay is not granted, and that the facility will meet the
requirements of this Act and its rules and regulations
during such stay.
(d) The Director or hearing officer may compel by subpoena or subpoena
duces tecum the attendance and testimony of witnesses and the production of
books and papers, and administer oaths to witnesses.
All subpoenas issued by the Director or hearing officer may be served as
provided for in civil actions. The fees of witnesses for attendance and
travel shall be the same as the fees for witnesses before the circuit court
and shall be paid by the party to the proceeding at whose request the
subpoena is issued. If the subpoena is issued at the request of the
Department or by a person proceeding in forma pauperis, the witness fee
shall be paid by the Department as an administrative expense.
(e) The Department may charge any party to a hearing or other person
requesting copies of records or other documents for a hearing the actual
cost of reproducing those records or other documents.
(Source: P.A. 90-655, eff. 7-30-98.)
(210 ILCS 65/60) (from Ch. 111 1/2, par. 9060)
Sec. 60. 
		Grounds for immediate closure. 
		Any situation that exists at a
Supportive Residence that may result in
serious mental, psychological or physical harm to residents shall be abated
or eliminated immediately. If the Department determines that such a
situation exists and that proper measures to remedy the situation
are not being taken, it shall immediately issue an order of closure and
withdraw the residents. Any such action by the Department shall be included
in the evidence presented at the hearing. At the time of this action, the
Department shall begin license revocation proceedings and the licensee
shall retain the right to a hearing as described in Section 55.
(Source: P.A. 87-840.)
(210 ILCS 65/65) (from Ch. 111 1/2, par. 9065)
Sec. 65. 
		Injunction. 
		The operation or maintenance of a Supportive
Residence in violation of this Act or its rules and regulations
is declared a public nuisance inimical to the public
welfare. The Director, in the name of the people of the State, through the
Attorney General, or the State's Attorney of the county in which the
facility is located, may, in addition to other remedies provided in this Act,
bring action for an injunction to restrain the violation or to enjoin the
future operation or maintenance of any such Supportive Residence.
(Source: P.A. 87-840.)
(210 ILCS 65/85) (from Ch. 111 1/2, par. 9085)
Sec. 85. 
		This Act takes effect upon becoming law.
(Source: P.A. 87-840.)