2023 Illinois Compiled Statutes › Chapter 210 - HEALTH FACILITIES AND REGULATION › 210 ILCS 9/ - Assisted Living and Shared Housing Act.

(210 ILCS 9/1)
Sec. 1. 
		Short title. 
		This Act may be cited as the Assisted Living and Shared Housing Act.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/5)
Sec. 5. 
		Legislative purpose. 
		The purpose of this Act is to permit  the
development and
availability of assisted living establishments and shared housing
establishments
based on a social
model  that promotes the dignity, individuality, privacy, independence,
autonomy,  and decision-making ability and the right to negotiated risk  of
those persons; to provide
for the health, safety,
and  welfare of those residents residing in assisted living and shared housing
establishments in
this State; to promote  continuous quality improvement in assisted living; and
to encourage the
development of innovative and  affordable  assisted  living establishments and
shared housing
with  service establishments for elderly persons of all income  levels.  It is
the public policy of
this State that assisted  living is an important part of the continuum of
long term care.  In support
of the goal of aging in place within the parameters established by this Act,
assisted  living
and shared housing establishments shall  be operated as
residential environments
with supportive  services designed to meet the individual resident's changing
needs and
preferences. The residential environment shall be  designed to encourage family
and community
involvement.  The services available to residents, either directly or through
contracts or
agreements, are intended to help residents  remain as independent as possible.
Assisted living,
which promotes resident choice, autonomy, and decision making, should  be based
on a contract
model designed to result in a  negotiated agreement between the resident or
the resident's
representative and the provider, clearly identifying the services to be
provided. This model
assumes that residents are able to direct services provided for them and will
designate a
representative to direct
these services if they themselves are unable to do so.    This model supports
the
principle  that there is
an acceptable balance  between  consumer  protection and resident willingness
to accept risk and
that  most consumers are competent to make their own judgments about the
services they are
obtaining.  Regulation  of assisted living establishments and shared housing
establishments must
be sufficiently flexible to allow residents to age in place within the
parameters of this Act.
The
administration of this Act and services provided must therefore ensure that the
residents have the rights and responsibilities to direct the scope of services
they
receive and to make individual choices based on their needs and preferences.
These
establishments shall be operated in a manner that provides the least
restrictive and
most homelike environment and that promotes independence, autonomy,
individuality,
privacy, dignity, and the right to negotiated risk in residential
surroundings.  It is not the intent of the State that establishments licensed
under this Act
be used as halfway houses for alcohol and substance abusers.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/10)
Sec. 10. Definitions. For purposes of this Act:
"Activities of daily living" means eating, dressing,   bathing, toileting,
transferring, or personal
hygiene.
"Assisted living establishment" or "establishment" means a home, building,
residence, or any
other place where sleeping accommodations are provided for at least 3
unrelated adults,
at least 80% of whom are 55 years of age or older and where the following  are
provided
consistent with the purposes of this Act:
(1) services consistent with a social model that is     based on the premise that the resident's unit in assisted living and shared housing is his or her own home;
(2) community-based residential care for persons who     need assistance with activities of daily living, including personal,  supportive,  and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident;
(3) mandatory services, whether provided directly by     the establishment or by another entity arranged for by the establishment, with the consent of the resident or resident's representative;  and
(4) a physical environment that is a homelike setting     that includes the following and such other elements as established by the Department: individual living units each of which shall accommodate small kitchen appliances and contain private bathing, washing, and toilet facilities, or private washing and toilet facilities with a common bathing room readily accessible to each resident. Units shall be maintained for single occupancy except in cases in which 2 residents choose to share a unit. Sufficient common space shall exist to permit individual and group activities.
"Assisted living establishment" or "establishment" does not mean any of the
following:
(1) A home, institution, or similar place operated      by the federal government or the State of Illinois.
(2) A long term care facility licensed under the     Nursing Home Care Act, a facility licensed under the Specialized Mental Health Rehabilitation Act of 2013, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the MC/DD Act. However, a  facility licensed under any of those Acts may convert  distinct parts of the facility to assisted living.  If the facility elects to do so, the facility shall retain the Certificate of Need for its nursing and sheltered care beds that were converted.
(3) A hospital, sanitarium, or other institution, the     principal activity or business of which is the diagnosis, care, and treatment of human illness and that is required to be licensed under the Hospital Licensing Act.
(4) A facility for child care as defined in the Child     Care Act of 1969.
(5) A community living facility as defined in the     Community Living Facilities Licensing Act.
(6) A nursing home or sanitarium operated solely by     and for persons who rely exclusively upon treatment by spiritual means through prayer in accordance with the creed or tenants of a well-recognized church or religious denomination.
(7) A facility licensed by the Department of Human     Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act.
(8) A supportive residence licensed under the     Supportive Residences Licensing Act.
(9) The portion of a life care facility as defined in     the Life Care Facilities Act not licensed as an assisted living establishment under this Act; a life care facility may apply under this Act to convert sections of the community to assisted living.
(10) A free-standing hospice facility licensed under     the Hospice Program Licensing Act.
(11) A shared housing establishment.
(12) A supportive living facility as described in     Section 5-5.01a of the Illinois Public Aid Code.
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Emergency situation" means imminent danger of death or serious physical
harm to a
resident of an establishment.
"License" means any of the following types of licenses issued to an applicant
or licensee by the
Department:
(1) "Probationary license" means a license issued to     an applicant or licensee that has not held a license under this Act prior to its application or pursuant to a license transfer in accordance with Section 50 of this Act.
(2) "Regular license" means a license issued by the     Department to an applicant or licensee that is in substantial compliance with this Act and any rules promulgated under this Act.
"Licensee" means a person, agency, association, corporation, partnership, or
organization that
has been issued a license to operate an assisted living or shared housing
establishment.
"Licensed health care professional" means a registered professional nurse,
an advanced practice registered nurse, a physician assistant, and a licensed practical
nurse.
"Mandatory services" include the following:
(1) 3 meals per day available to the residents     prepared by the establishment or an outside contractor;
(2) housekeeping services including, but not limited     to, vacuuming, dusting, and cleaning the   resident's unit;
(3) personal laundry and linen services available to     the residents provided or arranged for by the establishment;
(4) security provided 24 hours each day including,     but not limited to, locked entrances or building or contract security personnel;
(5) an emergency communication response system, which     is a procedure in place 24 hours each day by which a resident can notify building management, an emergency response vendor, or others able to respond to his or her need for assistance; and
(6) assistance with activities of daily living as     required by each resident.
"Negotiated risk" is the process by which a resident, or his or her
representative,
 may  formally
negotiate with providers what risks each are willing and unwilling to assume in
service provision
and the resident's living environment.  The provider assures that the resident
and the
resident's representative, if any, are informed of the risks of these decisions
and of
the potential
consequences of assuming these risks.
"Owner" means the individual, partnership, corporation, association, or other
person who owns
an assisted living or shared housing establishment.  In the event an assisted
living or shared
housing establishment is operated by a person who leases or manages the
physical plant, which is
owned by another person, "owner" means the person who operates the assisted
living or shared
housing establishment, except that if the person who owns the physical plant is
an affiliate of the
person who operates the assisted living or shared housing establishment and has
significant
control over the day to day operations of the assisted living or shared housing
establishment, the
person who owns the physical plant shall incur jointly and severally with the
owner all liabilities
imposed on an owner under this Act.
"Physician" means a person licensed
under the Medical Practice Act of 1987
to practice medicine in all of its
branches.
"Resident" means a person residing in an assisted living  or shared housing
establishment.
"Resident's representative" means a person, other than the owner, agent, or
employee of an
establishment or of the health care provider unless related to the resident,
designated in writing by a
resident to be his or her
representative.  This designation may be accomplished through the Illinois
Power of Attorney Act, pursuant to the guardianship process under the Probate
Act of 1975, or pursuant to an executed designation of representative form
specified by the Department.
"Self" means the individual or the individual's designated representative.
"Shared housing establishment" or "establishment" means a  publicly or
privately operated free-standing
residence for 16 or fewer persons, at least 80% of whom are 55
years of age or older
and who are unrelated to the owners and one manager of the residence, where
the following are provided:
(1) services consistent with a social model that is     based on the premise that the resident's unit is his or her own home;
(2) community-based residential care for persons who     need assistance with activities of daily living, including housing and personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident; and
(3) mandatory services, whether provided directly by     the establishment or by another entity arranged for by the establishment, with the consent of the resident or the resident's representative.
"Shared housing establishment" or "establishment" does not mean any of the
following:
(1) A home, institution, or similar place operated by     the federal government or the State of Illinois.
(2) A long term care facility licensed under the     Nursing Home Care Act, a facility licensed under the Specialized Mental Health Rehabilitation Act of 2013, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the MC/DD Act. A facility licensed under any of those Acts may, however, convert sections of the facility to assisted living.  If the facility elects to do so, the facility shall retain the Certificate of Need for its nursing beds that were converted.
(3) A hospital, sanitarium, or other institution, the     principal activity or business of which is the diagnosis, care, and treatment of human illness and that is required to be licensed under the Hospital Licensing Act.
(4) A facility for child care as defined in the Child     Care Act of 1969.
(5) A community living facility as defined in the     Community Living Facilities Licensing Act.
(6) A nursing home or sanitarium operated solely by     and for persons who rely exclusively upon treatment by spiritual means through prayer in accordance with the creed or tenants of a well-recognized church or religious denomination.
(7) A facility licensed by the Department of Human     Services as a community-integrated  living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act.
(8) A supportive residence licensed under the     Supportive Residences Licensing Act.
(9) A life care facility as defined in the Life Care     Facilities Act; a life care facility may apply under this Act to convert sections of the community to assisted living.
(10) A free-standing hospice facility licensed under     the Hospice Program Licensing Act.
(11) An assisted living establishment.
(12) A supportive living facility as described in     Section 5-5.01a of the Illinois Public Aid Code.
"Total assistance" means that staff or another individual performs the entire
activity of daily
living without participation by the resident.
(Source: P.A. 99-180, eff. 7-29-15; 100-513, eff. 1-1-18.)
(210 ILCS 9/15)
Sec. 15. 
		Assessment and service plan requirements. 
		Prior to admission
to any establishment
covered by this Act, a comprehensive assessment that includes an evaluation of
the prospective
resident's physical, cognitive, and psychosocial condition  shall be completed.
 At least annually,
a comprehensive assessment shall be completed, and upon  identification of a
significant change
in the resident's condition, the resident shall be reassessed.
The Department may by rule specify circumstances under which more frequent
assessments of skin integrity and nutritional status shall be required.
The
comprehensive assessment shall be completed by a physician.  Based on the
assessment, a written
service plan shall be
developed and mutually agreed upon by the provider and the resident. The
service plan, which
shall be reviewed annually,  or more often as the resident's condition,
preferences, or service needs
change, shall serve as a basis for the service delivery contract between the
provider and the
resident. Based on the assessment, the service plan may provide for the
disconnection or
removal of any appliance.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/20)
Sec. 20. Construction and operating standards. The Department shall prescribe
minimum standards for
establishments.  These standards shall include:
(1) the location and construction of the     establishment, including plumbing, heating, lighting, ventilation, and other physical conditions which shall ensure the health, safety, and comfort of residents and their protection from fire hazards; these standards shall include, at a minimum, compliance with the residential board and care occupancies chapter of the National Fire Protection Association's Life Safety Code, local and State building codes for the building type, and accessibility standards of the Americans with Disabilities Act;
(2) the number and qualifications of all personnel     having responsibility for any part of the services provided for residents;
(3) all sanitary conditions within the establishment     and its surroundings, including water supply, sewage disposal, food handling, infection control, and general hygiene, which shall ensure the health and comfort of residents;
(4) a program for adequate maintenance of physical     plant and equipment;
(5) adequate accommodations, staff, and services for     the number and types of residents for whom the establishment is licensed;
(6) the development of evacuation and other     appropriate safety plans for use during weather, health, fire, physical plant, environmental, and national defense emergencies; and
(7) the maintenance of minimum financial and other     resources necessary to meet the standards established under this Section and to operate the establishment in accordance with this Act.
(Source: P.A. 96-975, eff. 7-2-10.)
(210 ILCS 9/25)
Sec. 25. 
		License requirement. 
		No person may establish, operate, maintain, or
offer an establishment as an assisted living establishment or shared housing
establishment as defined by the Act within this State unless and until he or
she obtains a valid license, which remains unsuspended, unrevoked, and
unexpired. No public official, agent, or employee may place any person in, or
recommend that any person be placed in, or directly or indirectly cause any
person to be placed in any establishment that meets the definition under this
Act that is being operated without a valid license.  No public official, agent,
or employee may place the name of an unlicensed establishment that is required
to be licensed under this Act on a list of programs.  An entity that operates
as an assisted living or shared housing establishment as defined by this Act
without a license shall be subject to the provisions, including penalties, of
the Nursing Home Care Act.  No entity shall use in its
name or advertise
"assisted living" unless licensed as an assisted living establishment under
this Act or as a shelter care facility under the Nursing Home Care Act that
also meets the definition of an assisted living establishment under this Act,
except a shared housing establishment licensed under this Act may advertise
assisted living services.
(Source: P.A. 93-141, eff. 7-10-03.)
(210 ILCS 9/30)
Sec. 30. Licensing.
(a) The Department shall
establish
by rule forms,
procedures, and fees for the annual licensing of  assisted living and shared
housing
establishments; shall establish and enforce sanctions  and penalties for
operating in violation
of this Act,  as provided in Section 135 of this Act and rules
adopted under
Section 110 of this Act.  The Department shall conduct an  annual on-site
review
for
each
establishment  covered by this Act, which shall include, but not be limited to,
compliance with
this Act and rules adopted hereunder, focus on solving resident issues
and concerns,
and the quality improvement process implemented by the establishment to address
resident
issues.  The quality improvement process implemented by the establishment must
benchmark performance, be customer centered, be data driven, and focus on
resident
satisfaction.
(b) An establishment shall  provide the following information to the
Department
to be considered for licensure:
(1) the business name, street address, mailing     address, and telephone number of the establishment;
(2) the name and mailing address of the owner or      owners of the establishment and if the owner or owners  are not natural persons, identification of the type of business entity of the owners, and the names and  addresses of the officers and members of the governing body, or comparable persons for partnerships, limited  liability companies, or other types of business  organizations;
(3) financial information, content and form to be     determined by rules which may provide different standards for assisted living establishments and shared housing establishments, establishing that the project is financially feasible;
(4) the name and mailing address of the  managing     agent of the establishment, whether hired  under a management agreement or lease agreement, if  different from the owner or owners, and the name of the full-time director;
(5) verification that the establishment has  entered     or will enter into a service delivery contract as provided in Section 90, as required under this Act,  with each resident or resident's representative;
(6) the name and address of at least one natural      person who shall be responsible for dealing with the  Department on all matters provided for in this Act, on  whom personal service of all notices and orders shall be made, and who shall be authorized to accept service on  behalf of the owner or owners and the managing agent. Notwithstanding a contrary provision of the Code of Civil  Procedure, personal service on the person identified pursuant to this subsection shall be considered service  on the owner or owners and the managing agent, and it  shall not be a defense to any action that personal service was not made on each individual or entity;
(7) the signature of the authorized representative of     the owner or owners;
(8) proof of an ongoing quality improvement program     in accordance with rules adopted by the Department;
(9) information about the number and types of units,     the maximum census, and the services to be  provided at the establishment, proof of compliance with applicable State and local residential standards, and a copy of the standard contract offered to residents;
(10) documentation of adequate liability insurance;     and
(11) other information necessary to determine the     identity and qualifications of an applicant or licensee to operate an establishment in accordance with this Act as required by the Department by rule.
(c) The information in the statement of ownership shall be public
information and shall be
available from the Department.
(Source: P.A. 96-975, eff. 7-2-10.)
(210 ILCS 9/32)
Sec. 32. 
		Floating license. 
		An establishment (i) in which 80% of the
residents are at least 55 years of age or older, (ii) that is operated as
housing for the elderly, and (iii) that meets the construction and operating
standards contained in Section 20 of this Act may request a floating license
for any number of individual living units within the establishment up to, but
not including, total capacity.  An establishment requesting a floating license
must specify the number of individual living units within the establishment to
be licensed.  Living units designated by the establishment as a licensed living
unit shall, for the purposes of this Section, be referred to as a licensed
living unit.  An establishment utilizing a floating license must have staff
adequate to meet the scheduled and unscheduled needs of the residents residing
in licensed living units within the establishment.  All staff providing
services to licensed living units must meet the requirements of this Act and
its rules.  A living unit may only be designated as a licensed unit if the
living unit and the living unit's resident meet the requirements of this Act
and its rules.  All mandatory services must be made available to residents of
licensed living units, and residents of licensed living units may receive any
optional services permitted under the establishment's license.  Establishments
may only provide services under this
Act in the individual living units designated as licensed units.
Designation as a licensed unit may be temporary to accommodate a resident's
changing needs without requiring the resident to move.
An establishment with a floating license must keep a current written list of
those units designated under the floating license.  If a resident elects to
receive services in a unit that is not licensed and the unit qualifies for
licensure, the establishment must notify the resident that the unit must be
licensed and the requirements of this Act must be met before services can be
provided to residents in that unit.  Upon the initiation of an initial
licensing inspection, annual inspection, or complaint investigation, the
establishment shall provide to the Department a list of the units designated
under the floating license in which residents are receiving services subject to
this Act.
(Source: P.A. 93-141, eff. 7-10-03.)
(210 ILCS 9/35)
Sec. 35. Issuance of license.
(a) Upon receipt and review of an application for a license and review of
the applicant establishment, the Director  may issue a license if he or she
finds:
(1) that the individual applicant, or the     corporation, partnership, or other entity if the applicant is not an individual, is a person responsible and suitable to operate or to direct or participate in the operation of an establishment by virtue of financial capacity, appropriate business or professional experience, a record of lawful compliance with lawful orders of the Department and lack of revocation of a license issued under this Act, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act during the previous 5 years;
(2) that the establishment is under the supervision     of a full-time director who is at least 21 years of age and has a high school diploma or equivalent plus either:
(A) 2 years of management experience or 2 years         of experience in positions of progressive responsibility in health care, housing with services, or adult day care or providing similar services to the elderly; or
(B) 2 years of management experience or 2 years         of experience in positions of progressive responsibility in hospitality and training in health care and housing with services management as defined by rule;
(3) that the establishment has staff sufficient in     number with qualifications, adequate skills, education, and experience to meet the 24 hour scheduled and unscheduled needs of residents and who participate in ongoing training to serve the resident population;
(4) that all employees who are subject to the Health     Care Worker Background Check Act meet the requirements of that Act;
(5) that the applicant is in substantial compliance     with this Act and such other requirements for a license as the Department by rule may establish under this Act;
(6) that the applicant pays all required fees;
(7) that the applicant has provided to the Department     an accurate disclosure document in accordance with the Alzheimer's Disease and Related Dementias Special Care Disclosure Act and in substantial compliance with Section 150 of this Act.
In addition to any other requirements set forth in this Act, as a condition of licensure under this Act, the director of an establishment must participate in at least 20 hours of training every 2 years to assist him or her in better meeting the needs of the residents of the establishment and managing
 the operation of the establishment.
Any license issued by the Director shall state the physical location of the
establishment, the date the license was issued, and the expiration date.  All
licenses shall be valid for one year, except as provided in Sections 40 and 45.  Each
license shall be issued only for the premises and persons named in the
application, and shall not be transferable or assignable.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
(210 ILCS 9/40)
Sec. 40. Probationary licenses. If the applicant has not been
previously licensed under this
Act or if the establishment is not in operation at the time the application is
made and if the Department determines that the applicant meets the licensure requirements of this Act, the Department
shall

issue a probationary license.   A probationary license shall be valid for
120 days unless
sooner suspended or revoked.   Within 30 days prior to the termination of a
probationary license,
the Department shall fully and completely review the establishment and, if the
establishment
meets the applicable requirements for licensure, shall issue a license, except that, during a statewide public health emergency, as defined in the Illinois Emergency Management Agency Act, the Department shall fully and completely review the establishment to the extent feasible.  If the
Department finds
that the establishment does not meet the requirements for licensure but has
made substantial
progress toward meeting those requirements, the license may be renewed once for
a period not to
exceed 120 days from the expiration date of the initial probationary license.
(Source: P.A. 103-1, eff. 4-27-23.)
(210 ILCS 9/45)
Sec. 45. Renewal of licenses. At least 120 days, but not more than 150
days prior to license
expiration, the licensee shall submit an application for renewal of the license
in such form
and containing such information as the Department requires.  If the application
is approved, and if the licensee (i) has not committed a Type 1 violation in the preceding 24 months, (ii) has not committed a Type 2 violation in the preceding 24 months, (iii) has not had an inspection, review, or evaluation that resulted in a finding of 10 or more Type 3 violations in the preceding 24 months, and (iv) has not admitted or retained a resident in violation of Section 75 of this Act in the preceding 24 months, the Department may renew the license for an additional period of 2 years at the request of the licensee. If a licensee whose license has been renewed for 2 years under this Section subsequently fails to meet any of the conditions set forth in items (i), (ii), and (iii), then, in addition to any other sanctions that the Department may impose under this Act, the Department shall revoke the 2-year license and replace it with a one-year license until the licensee again meets all of the conditions set forth in items (i), (ii), and (iii). If appropriate,
the renewal
application shall not be approved unless the applicant has provided to the
Department an
accurate disclosure document in accordance with the Alzheimer's Disease and Related Dementias Special Care
Disclosure
Act.  If the application for renewal is not timely filed, the Department shall
so inform the
licensee.
(Source: P.A. 96-990, eff. 7-2-10; 96-1275, eff. 7-26-10; 97-333, eff. 8-12-11.)
(210 ILCS 9/50)
Sec. 50. 
		Transfer of ownership.
(a) Whenever ownership of an establishment is transferred from the person
named in the license
to any other person, 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 prior to final
transfer.
(b) The transferor shall notify the Department at least 30 days prior to
final transfer.  The
transferor shall remain responsible for the operation of the establishment
until such time as a
license is issued to the transferee.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/55)
Sec. 55. Grounds for denial of a license. 
An application for a license may be denied for any of the following reasons:
(1) failure to meet any of the standards set forth in     this Act or by rules adopted by the Department under this Act;
(2) conviction of the applicant, or if the applicant     is a firm, partnership, or association, of any of its members, or if a corporation, the conviction of the corporation or any of its officers or stockholders, or of the person designated to manage or supervise the establishment, of a felony or of 2 or more misdemeanors involving moral turpitude during the previous 5 years as shown by a certified copy of the record of the court of conviction;
(3) personnel insufficient in number or unqualified     by training or experience to properly care for the residents;
(4) insufficient financial or other resources to     operate and conduct the establishment in accordance with standards adopted by the Department under this Act;
(5) revocation of a license during the previous 5     years, if such prior license was issued to the individual applicant, a controlling owner or controlling combination of owners of the applicant; or any affiliate of the individual applicant or controlling owner of the applicant and such individual applicant, controlling owner of the applicant or affiliate of the applicant was a controlling owner of the prior license; provided, however, that the denial of an application for a license pursuant to this Section must be supported by evidence that the prior revocation renders the applicant unqualified or incapable of meeting or maintaining an establishment in accordance with the standards and rules adopted by the Department under this Act; or
(6) the establishment is not under the direct     supervision of a full-time director, as defined by rule.
The Department shall deny an application for a license if 6 months after submitting its initial application the applicant has not provided the Department with all of the information required for review and approval or the applicant is not actively pursuing the processing of its application.  In addition, the Department shall determine whether the applicant has violated any provision of the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
(210 ILCS 9/60)
Sec. 60. 
		Notice of denial; request for hearing; hearing.
(a) Immediately upon the denial of any application or reapplication for a
license under this
Act, the Department shall notify the applicant in writing.  Notice of
denial shall include a
clear and concise statement of the violations of this Act on which the denial
is based and
notice of the opportunity for a hearing.  If the applicant or licensee wishes
to contest the
denial of a license, it shall provide written notice to the Department of a
request for a hearing
within 10 days after receipt of the notice of denial.  The Department shall
commence a
hearing under this Section.
(b) A request for a hearing by aggrieved persons shall be taken to the
Department as follows:
(1) Upon the receipt of a request in writing for a     hearing, the Director or a person designated in writing by the Director to act as a hearing officer shall conduct a hearing to review the decision.
(2) Before the hearing is held notice of the hearing     shall be sent by the Department to the person making the request for the hearing and to the person making the decision which is being reviewed.  In the notice the Department shall specify the date, time, and place of the hearing, which shall be held not less than 10 days after the notice is mailed or delivered.  The notice shall designate the decision being reviewed. The notice may be served by delivering it personally to the parties or their representatives or by mailing it by certified mail to the parties' addresses.
(3) The Department shall commence the hearing within     30 days after the receipt of request for hearing.  The hearing shall proceed as expeditiously as practicable, but in all cases shall conclude within 90 days after commencement.
(c) The Director or hearing officer shall permit any party to appear in
person and to be
represented by counsel at the hearing, at which time the applicant or licensee
shall be
afforded an opportunity to present all relevant matter in support of his or her
position.  In the
event of the inability of any party or the Department to procure the attendance
of witnesses to
give testimony or produce books and papers, any party or the Department may
take the
deposition of witnesses in accordance with the provisions of the laws of this
State.  All
testimony shall be reduced to writing, and all testimony and other
evidence introduced
at the hearing shall be a part of the record of the hearing.
(d) The Director or hearing officer shall make findings of fact in the
hearing, and the Director
shall render his or her decision within 30 days after the termination of the
hearing, unless
additional time not to exceed 90 days is required by him or her for a proper
disposition of the
matter.  When the hearing has been conducted by a hearing officer, the Director
shall review
the record and findings of fact before rendering a decision.  All decisions
rendered by the
Director shall be binding upon and complied with by the Department, the
establishment, or
the persons involved in the hearing, as appropriate to each case.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/65)
Sec. 65. 
		Revocation, suspension, or refusal to renew license.
(a) The Department, after notice to the applicant or licensee, may
suspend,
revoke, or refuse
to renew a license in any case in which the Department finds any of the
following:
(1) that there has been a substantial failure to     comply with this Act or the rules promulgated by the Department under this Act;
(2) that there has been a conviction of the licensee,     or of the person designated to manage or supervise the establishment, of a felony or of 2 or more misdemeanors involving moral turpitude during the previous 5 years as shown by a certified copy of the record of the court of conviction;
(3) that the personnel is insufficient in number or     unqualified by training or experience to properly care for the number and type of residents served by the establishment;
(4) that the financial or other resources are     insufficient to conduct and operate the establishment in accordance with standards promulgated by the Department under this Act; or
(5) that the establishment is not under the direct     supervision of a full-time director, as defined by rule.
(b) Notice under this Section shall include a clear and concise statement of
the violations on
which the nonrenewal or revocation is based, the statute or rule violated, and
notice of the
opportunity for a hearing under Section 60.
(c) If an establishment desires to contest the nonrenewal or revocation of a
license, the
establishment shall, within 10 days after receipt of notice under subsection
(b) of this Section,
notify the Department in writing of its request  for a hearing under Section
60.  Upon receipt of
the request the Department shall send notice to the establishment and hold a
hearing as provided
under Section 60.
(d) The effective date of nonrenewal or revocation of a license by the
Department shall be
any of the following:
(1) until otherwise ordered by the circuit court,     revocation is effective on the date set by the Department in the notice of revocation, or upon final action after hearing under Section 60, whichever is later;
(2) until otherwise ordered by the circuit court,     nonrenewal is effective on the date of expiration of any existing license, or upon final action after hearing under Section 60, whichever is later;  however, a license shall not be deemed to have expired if the Department fails to timely respond to a timely request for renewal under this Act or for a hearing to contest nonrenewal; or
(3) the Department may extend the effective date of     license revocation or expiration in any case in order to permit orderly removal and relocation of residents.
(e) The Department may refuse to issue or may suspend the license of any
person who fails
to file a return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final
assessment of tax, penalty or interest, as required by any tax Act
administered by the Illinois
Department of Revenue, until such time as the requirements of any such tax Act
are satisfied.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/70)
Sec. 70. Service requirements. An
establishment must
provide all mandatory services and may provide optional services, including
medication reminders, supervision of self-administered medication and
medication administration as
defined by this Section
and nonmedical services defined by rule, whether provided directly by the
establishment or by another
entity arranged for by the establishment with the consent of the resident or
the resident's
representative.
For the purposes of this Section, "medication reminders" means reminding
residents to take pre-dispensed, self-administered medication, observing the
resident, and documenting whether or not the resident took the medication.
For the purposes of this Section, "supervision of self-administered
medication" means assisting the resident with self-administered medication
using any combination of the following: reminding residents to take medication,
reading the medication label to residents, checking the self-administered
medication dosage against the label of the medication, confirming that
residents have obtained and are taking the dosage as prescribed, and
documenting in writing that the resident has taken (or refused to take) the
medication.  If residents are physically unable to open the container, the
container may be opened for them.  Supervision of self-administered medication
shall be under the direction of a licensed health care professional.
For the purposes of this Section, "medication administration" refers to a
licensed health care professional employed by an establishment engaging in
administering insulin and vitamin B-12 injections,
oral medications,
topical treatments, eye and ear drops, or
nitroglycerin patches.
Non-licensed staff may not administer any medication.
The Department shall specify by rule procedures for medication reminders,
supervision of self-administered medication, and medication administration.
Nothing in this Act shall preclude a physician licensed under the Medical Practice Act of 1987 from providing services within the scope of his or her license to any resident.
(Source: P.A. 96-353, eff. 8-13-09.)
(210 ILCS 9/73)
Sec. 73. Posting of Long Term Care Ombudsman Program information.
(a) Except as provided under subsection (b), all licensed establishments shall post on the home page of the establishment's website the following:
(1) The Long Term Care Ombudsman Program's statewide     toll-free telephone number.
(2) A link to the Long Term Care Ombudsman Program's     website.
(b) An establishment:
(1) may comply with this Section by posting the     required information on the website of the establishment's parent company if the establishment does not maintain a unique website;
(2) is not required to comply with this Section if     the establishment and any parent company do not maintain a website; and
(3) is not required to comply with this Section in     instances where the parent company operates in multiple states and the establishment does not maintain a unique website. (Source: P.A. 103-119, eff. 1-1-24.)
(210 ILCS 9/75)
Sec. 75. Residency requirements.
(a) No individual shall be accepted for residency or remain in residence if the establishment cannot provide or secure appropriate services, if the individual requires a level of service or type of service for which the establishment is not licensed or which the establishment does not provide, or if the establishment does not have the staff appropriate in numbers and with appropriate skill to provide such services.
(b) Only adults may be accepted for residency.
(c) A person shall not be accepted for residency if:
(1) the person poses a serious threat to himself or     herself or to others;
(2) the person is not able to communicate his or her     needs and no resident representative residing in the establishment, and with a prior relationship to the person, has been appointed to direct the provision of services;
(3) the person requires total assistance with 2 or     more activities of daily living;
(4) the person requires the assistance of more than     one paid caregiver at any given time with an activity of daily living;
(5) the person requires more than minimal assistance     in moving to a safe area in an emergency;
(6) the person has a severe mental illness, which for     the purposes of this Section means a condition that is characterized by the presence of a major mental disorder as classified in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV) (American Psychiatric Association, 1994), where the individual is a person with a substantial disability due to mental illness in the areas of self-maintenance, social functioning, activities of community living and work skills, and the disability specified is expected to be present for a period of not less than one year, but does not mean Alzheimer's disease and other forms of dementia based on organic or physical disorders;
(7) the person requires intravenous therapy or     intravenous feedings unless self-administered or administered by a qualified, licensed health care professional;
(8) the person requires gastrostomy feedings unless     self-administered or administered by a licensed health care professional;
(9) the person requires insertion, sterile     irrigation, and replacement of catheter, except for routine maintenance of urinary catheters, unless the catheter care is self-administered or administered by a licensed health care professional;
(10) the person requires sterile wound care unless     care is self-administered or administered by a licensed health care professional;
(11) (blank);
(12) the person is a diabetic requiring routine     insulin injections unless the injections are self-administered or administered by a licensed health care professional;
(13) the person requires treatment of stage 3 or     stage 4 decubitus ulcers or exfoliative dermatitis;
(14) the person requires 5 or more skilled nursing     visits per week for conditions other than those listed in items (13) and (15) of this subsection for a period of 3 consecutive weeks or more except when the course of treatment is expected to extend beyond a 3 week period for rehabilitative purposes and is certified as temporary by a physician; or
(15) other reasons prescribed by the Department by     rule.
(d) A resident with a condition listed in items (1) through (15) of subsection (c) shall have his or her residency terminated.
(e) Residency shall be terminated when services available to the resident in the establishment are no longer adequate to meet the needs of the resident. This provision shall not be interpreted as limiting the authority of the Department to require the residency termination of individuals.
(f) Subsection (d) of this Section shall not apply to terminally ill residents who receive or would qualify for hospice care and such care is coordinated by a hospice program licensed under the Hospice Program Licensing Act or other licensed health care professional employed by a licensed home health agency and the establishment and all parties agree to the continued residency.
(g) Items (3), (4), (5), and (9) of subsection (c) shall not apply to a quadriplegic, paraplegic, or individual with neuro-muscular diseases, such as muscular dystrophy and multiple sclerosis, or other chronic diseases and conditions as defined by rule if the individual is able to communicate his or her needs and does not require assistance with complex medical problems, and the establishment is able to accommodate the individual's needs. The Department shall prescribe rules pursuant to this Section that address special safety and service needs of these individuals.
(h) For the purposes of items (7) through (10) of subsection (c), a licensed health care professional may not be employed by the owner or operator of the establishment, its parent entity, or any other entity with ownership common to either the owner or operator of the establishment or parent entity, including but not limited to an affiliate of the owner or operator of the establishment. Nothing in this Section is meant to limit a resident's right to choose his or her health care provider.
(i) Subsection (h) is not applicable to residents admitted to an assisted living establishment under a life care contract as defined in the Life Care Facilities Act if the life care facility has both an assisted living establishment and a skilled nursing facility. A licensed health care professional providing health-related or supportive services at a life care assisted living or shared housing establishment must be employed by an entity licensed by the Department under the Nursing Home Care Act or the Home Health, Home Services, and Home Nursing Agency Licensing Act.
(Source: P.A. 103-444, eff. 1-1-24.)
(210 ILCS 9/76)
Sec. 76. Vaccinations.
(a) Before a prospective resident's admission to an
assisted living establishment or shared housing establishment that does not provide medication administration as an optional service, the
establishment shall advise the prospective resident to consult a
physician to determine whether the prospective resident should obtain a
vaccination against pneumococcal pneumonia or influenza, or both.
(b) An assisted living establishment or shared housing establishment that provides medication administration as an optional service shall annually administer or arrange for administration of a vaccination against influenza to
each
resident, in accordance with the recommendations of the Advisory Committee on
Immunization Practices of the Centers for Disease Control and Prevention that
are most
recent to the time of vaccination, unless the vaccination is medically
contraindicated or
the resident has refused the vaccine. Influenza vaccinations for all residents
age 65 or
over shall be completed by November 30 of each year or as soon as practicable
if vaccine
supplies are not available before November 1. Residents admitted after November
30,
during the flu season, and until February 1 shall, as medically appropriate,
receive an influenza vaccination prior to or upon admission or as soon as
practicable if vaccine
supplies are not available at the time of the admission, unless the vaccine is
medically
contraindicated or the resident has refused the vaccine. In the event that the
Advisory
Committee on Immunization Practices of the Centers for Disease Control and
Prevention
determines that dates of administration other than those stated in this Section are
optimal to
protect the health of residents, the Department is authorized to adopt rules
to require
vaccinations at those times rather than the times stated in this Section. An establishment shall document in the resident's medication record that an annual
vaccination against influenza
was administered, arranged, refused, or medically contraindicated.
An assisted living establishment or shared housing establishment that provides medication administration as an optional service shall administer or arrange for administration of a pneumococcal
vaccination to each resident who is age 65 or over, in accordance with the
recommendations of the Advisory Committee on Immunization Practices of the
Centers
for Disease Control and Prevention, who has not received this immunization
prior to or
upon admission to the establishment, unless the resident refuses the offer for
vaccination or the
vaccination is medically contraindicated. An establishment shall document in each
resident's
medication record that a vaccination against pneumococcal pneumonia was offered
and administered, arranged, refused, or medically contraindicated.
(Source: P.A. 93-1003, eff. 8-23-04; 94-429, eff. 8-2-05.)
(210 ILCS 9/77)
Sec. 77. Establishment employee assistance programs.  An establishment shall ensure that licensed health care professionals employed by the establishment are aware of employee assistance programs or other like programs available for the physical and mental well-being of the employee.  The establishment shall provide information on these programs, no less than at the time of employment and during any benefit open enrollment period, by an information form about the respective programs that a licensed health care professional must sign during onboarding at the establishment.  The signed information form shall be added to the licensed health care professional's personnel file.  The establishment may provide this information to licensed health care professionals electronically.
(Source: P.A. 102-1007, eff. 1-1-23; 103-154, eff. 6-30-23.)
(210 ILCS 9/78)
Sec. 78. Certified nursing assistant interns.
(a) A certified nursing assistant intern shall report to an establishment's charge nurse or nursing supervisor and may only be assigned duties authorized in Section 2310-434 of the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois by a supervising nurse.
(b) An establishment shall notify its certified and licensed staff members, in writing, that a certified nursing assistant intern may only provide the services and perform the procedures permitted under Section 2310-434 of the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois. The notification shall detail which duties may be delegated to a certified nursing assistant intern. The establishment shall establish a policy describing the authorized duties, supervision, and evaluation of certified nursing assistant interns available upon request of the Department and any surveyor.
(c) If an establishment learns that a certified nursing assistant intern is performing work outside the scope of the Certified Nursing Assistant Intern Program's training, the establishment shall:
(1) stop the certified nursing assistant intern from     performing the work;
(2) inspect the work and correct mistakes, if the     work performed was done improperly;
(3) assign the work to the appropriate personnel; and
(4) ensure that a thorough assessment of any resident     involved in the work performed is completed by a registered nurse.
(d) An establishment that employs a certified nursing assistant intern in violation of this Section shall be subject to civil penalties or fines under subsection (a) of Section 135.
(Source: P.A. 102-1037, eff. 6-2-22; 103-154, eff. 6-30-23.)
(210 ILCS 9/80)
Sec. 80. 
		Involuntary termination of residency.
(a) Residency shall be involuntarily terminated only
for the following reasons:
(1) as provided  in Section 75 of this Act;
(2) nonpayment of  contracted charges after  the     resident and the resident's representative have  received a minimum of 30-days written notice of the delinquency and the resident or the resident's representative has had at  least 15 days to cure the delinquency; or
(3) failure to execute a service delivery contract or     to substantially comply with its terms and conditions, failure to comply with the assessment requirements contained in Section 15, or failure to substantially comply with the terms and conditions of the lease agreement.
(b) A 30 day written notice of residency termination shall be provided to
the resident, the resident's representative, or both, and the long term care
ombudsman, which shall include the reason for the pending action, the date of
the proposed move, and a notice,
the content and form to be set forth by rule, of the resident's right to
appeal, the steps that the resident or the resident's representative must take
to
initiate an appeal, and a statement of the resident's right to continue to
reside in the establishment until a decision is rendered.  The notice shall
include a toll free telephone number to initiate an appeal and a written
hearing request form, together with a postage paid, pre-addressed envelope to
the Department.  If the resident or the resident's representative, if any,
cannot read English, the notice must be provided in a language the individual
receiving the notice can read or the establishment must provide a translator
who
has been trained to assist the resident or the resident's representative in the
appeal process.  In emergency situations as defined in Section 10 of this Act,
the 30-day provision of the written notice may be waived.
(c) The establishment shall attempt to resolve with the resident or the
resident's representative, if any, circumstances that if not remedied have the
potential of resulting in an involuntary termination of residency and shall
document those efforts in the resident's file.  This action may occur prior to
or during the 30 day notice period, but must
occur prior to the termination of the residency.  In emergency situations as
defined in Section 10 of this Act, the
requirements of this subsection may be waived.
(d) A request for a hearing shall stay an involuntary termination of
residency until a decision has been rendered by the Department, according to a
process adopted by rule.  During this time period, the establishment may not
terminate or reduce any service for the purpose of making it more difficult or
impossible for the resident to remain in the establishment.
(e) The establishment shall offer the resident and the resident's
representative, if any, residency termination and relocation assistance
including information on available alternative placement.  Residents shall be
involved in planning the move and shall choose among the available alternative
placements except when an emergency situation makes prior resident involvement
impossible.  Emergency placements are deemed temporary until the resident's
input can be sought in the final placement decision.  No resident shall be
forced to remain in a temporary or permanent placement.
(f) The Department may offer assistance to the establishment and the
resident in the preparation of residency termination and relocation plans to
assure safe and orderly transition and to protect the resident's health,
safety, welfare, and rights.  In nonemergencies, and where possible in
emergencies, the transition plan shall be designed and implemented in advance
of transfer or residency termination.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/85)
Sec. 85. 
		Contract requirements. 
		No entity may establish, operate,
conduct, or maintain an
establishment in this State unless a written
service delivery
contract is executed between the establishment and each resident or resident's
representative in
accordance with Section 90 and unless the establishment operates in accordance
with the terms
of the contract. The resident or the resident's representative shall be given a
complete copy of the
contract and all supporting documents and attachments and any changes whenever
changes are
made.  If the resident does not understand English and if translated documents
are not available,
the establishment must explain its policies to a responsible relative or friend
or another
individual who has agreed to communicate the information to the resident.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/90)
Sec. 90. Contents of service delivery contract. A contract between an
establishment and a resident must be entitled "assisted living
establishment
contract" or "shared housing  establishment contract" as applicable, shall be
printed in no less
than 12 point type, and shall include at least the following elements in the
body or through
supporting documents or attachments:
(1) the name, street address, and mailing address of     the establishment;
(2) the name and mailing address of the owner or     owners of the establishment and, if the owner or owners are not natural persons, the type of business entity of the owner or owners;
(3) the name and mailing address of the managing     agent of the establishment, whether hired under a management agreement or lease agreement, if the managing agent is different from the owner or owners;
(4) the name and address of at least one natural     person who is authorized to accept service on behalf of the owners and managing agent;
(5) a statement describing the license status of the     establishment and the license status of all providers of health-related or supportive services to a resident under arrangement with the establishment;
(6) the duration of the contract;
(7) the base rate to be paid by the resident and a     description of the services to be provided as part of this rate;
(8) a description of any additional services to be     provided for an additional fee by the establishment directly or by a third party provider under arrangement with the establishment;
(9) the fee schedules outlining the cost of any     additional services;
(10) a description of the process through which the     contract may be modified, amended, or terminated;
(11) a description of the establishment's complaint      resolution process available to residents and notice of the  availability of the Department on Aging's Senior Helpline for complaints;
(12) the name of the resident's designated     representative, if any;
(13) the resident's obligations in order to maintain      residency and receive services including compliance with all assessments required under Section 15;
(14) the billing and payment procedures and     requirements;
(15) a statement affirming the resident's freedom to     receive services from service providers with whom the  establishment does not have a contractual arrangement, which  may also disclaim liability on the part of the establishment for those services;
(16) a statement that medical assistance under     Article V  or Article VI of the Illinois Public Aid Code is not  available for payment for services provided in an establishment, excluding contracts executed with residents residing in licensed establishments participating in the Department on Aging's Comprehensive Care in Residential Settings Demonstration Project;
(17) a statement detailing the admission, risk      management, and residency termination criteria and procedures;
(18) a statement listing the rights specified in     Section 95 and acknowledging that, by contracting with  the assisted living or shared housing establishment, the  resident does not forfeit those rights;
(19) a statement detailing the Department's annual     on-site review process including what documents contained in a resident's personal file shall be reviewed by the on-site reviewer as defined by rule; and
(20) a statement outlining whether the establishment     charges a community fee and, if so, the amount of the fee and whether it is refundable; if the fee is refundable, the contract must describe the conditions under which it is refundable and how the amount of the refund is determined.
(Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.)
(210 ILCS 9/95)
Sec. 95. 
		Resident rights. 
		No resident shall be deprived of any rights,
benefits, or privileges guaranteed by law, the Constitution of the State of
Illinois, or the Constitution of the United States solely on account of his or
her status as a resident of an establishment, nor shall a resident forfeit any
of the following rights:
(1) the right to retain and use personal  property     and a place to store personal items that is  locked and secure;
(2) the right to refuse services and to be advised of     the consequences of that refusal;
(3) the right to respect for bodily privacy and     dignity at all times, especially during care and  treatment;
(4) the right to the free exercise of religion;
(5) the right to privacy with regard to mail, phone     calls, and visitors;
(6) the right to uncensored access to the  State     Ombudsman or his or her designee;
(7) the right to be free of retaliation for     criticizing the establishment or making complaints to appropriate agencies;
(8) the right to be free of chemical and physical     restraints;
(9) the right to be free of abuse or neglect or to     refuse to perform labor;
(10) the right to confidentiality of the resident's     medical records;
(11) the right of access and the right to copy the     resident's personal files maintained by the establishment;
(12) the right to 24 hours access to the     establishment;
(13) the right to a minimum of 90-days notice of  a     planned establishment closure;
(14) the right to a minimum of 30-days notice of an     involuntary residency termination, except where the resident poses a threat to himself or others, or in other emergency situations, and the right to appeal such termination; and
(15) the right to a 30-day notice of delinquency and     at least 15 days right to cure delinquency.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/97)
Sec. 97. Unlawful discrimination. No resident shall be subjected to unlawful discrimination as defined in Section 1-103 of the Illinois Human Rights Act by any owner, licensee, administrator, employee, or agent of an assisted living establishment. Unlawful discrimination does not include an action by any owner, licensee, administrator, employee, or agent of an assisted living establishment that is required by this Act or rules adopted under this Act.
(Source: P.A. 101-325, eff. 8-9-19.)
(210 ILCS 9/100)
Sec. 100. 
		Notice of closure. 
		An owner of an establishment licensed under this Act shall give 90 days
notice prior to
voluntarily closing the establishment or prior to closing any part of the
establishment if closing
the part will require residency termination.  The notice shall be given to
the Department, to
any resident who must have their residency terminated, the resident's
representative, and to a
member of the resident's family, where practicable.  The notice shall state the
proposed date of
closing and the reason for closing.  The establishment shall offer to assist
the resident in securing
an alternative placement and shall advise the resident on available
alternatives.  Where the
resident is unable to choose an alternative placement and is not under
guardianship, the
Department shall be notified of the need for relocation assistance.  The
establishment shall
comply with all applicable laws and rules until the date of closing, including
those related
to residency termination.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/105)
Sec. 105. 
		Record retention. 
		Service delivery contracts and related
documents executed by
each resident or resident's representative shall be maintained by an
establishment subject to this
Act from the date of execution until 3 years after the contract is terminated.
The establishment
shall also maintain and retain records to support compliance with each
individual contract  and
with applicable federal and State rules.  The records and supporting
documents, as defined by rule,
shall be made available for  on-site inspection
by the Department
upon request at any time.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/110)
Sec. 110. Powers and duties of the Department.
(a) The Department shall conduct an annual unannounced on-site visit  at
each
assisted living and shared
housing establishment to determine compliance with applicable licensure
requirements and
standards, except that, during a statewide public health emergency, as defined in the Illinois Emergency Management Agency Act, the Department shall conduct on-site reviews and annual unannounced on-site visits to the extent feasible. Additional visits  may be conducted without prior notice to the
assisted living
or shared housing
establishment.
(b) Upon receipt of information that may indicate the  failure of the
assisted living or shared housing
establishment or a service provider to comply with a  provision of this Act,
the Department shall
investigate the matter or make appropriate referrals to other government
agencies and entities having
jurisdiction over the subject matter of the possible violation. The Department
may also  make
referrals to any public or private agency that the  Department considers
available for appropriate
assistance to  those involved. The Department may oversee and coordinate the
enforcement of State
consumer protection policies affecting residents residing in an establishment
licensed under this  Act.
(c) The Department shall establish by rule complaint  receipt,
investigation,
 resolution, and involuntary
residency termination procedures.  Resolution procedures shall provide for
on-site review and
evaluation of an assisted living or shared housing  establishment found to be
in violation of this Act
within a specified period of time based on the gravity and severity of  the
violation and any pervasive
pattern of occurrences of the  same or similar violations.
(d) (Blank).
(e) The Department shall by rule establish penalties and sanctions, which
shall include, but need not be limited to,
the creation of a schedule of graduated penalties and sanctions to include
closure.
(f) The Department shall by rule establish procedures for disclosure of
information to the public, which
shall include, but not be limited to, ownership, licensure status, frequency of
complaints, disposition of
substantiated complaints, and disciplinary actions.
(g) (Blank).
(h) Beginning January 1, 2000, the Department shall begin drafting rules
necessary for the administration
of this Act.
(Source: P.A. 103-1, eff. 4-27-23.)
(210 ILCS 9/113)
Sec. 113. Assisted Living and Shared Housing Advisory Board.
(a) The Governor shall establish an Assisted Living and Shared Housing Advisory Board. The Advisory Board shall consist of the following members:
(1) the Director, who shall serve as chair and as an     ex officio, nonvoting member;
(2) the Director of Aging, who shall serve as     vice-chair and as an ex officio, nonvoting member;
(3) the following nonvoting members, appointed by the     Director:
(A) one representative of the Department; and
(B) one representative of the Department on Aging;
(4) the following voting members, appointed by the     Director:
(A) 6 members selected from candidates         recommended by an organization of providers whose membership consists of assisted living establishments;
(B) 3 members appointed by the Director from         candidates recommended by a consumer organization that engages solely in advocacy or legal representation on behalf of senior citizens;
(C) a physician;
(D) a registered professional nurse; and
(E) 2 members with expertise in the area of         gerontology research or legal research regarding implementation of laws applying to assisted living establishments.
(b) Members of the Advisory Board shall serve for terms of 3 years or until the member's successor is appointed by the Director, but the Director shall stagger the terms of initial appointees to the Advisory Board as follows: the terms of one-third shall expire after one year; the terms of one-third shall expire after 2 years; and the terms of one-third shall expire after 3 years. All initial members shall be appointed by January 1, 2025. Any member appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of that term. The Advisory Board shall meet quarterly and at the call of the Director. The affirmative vote of 9 voting members of the Advisory Board shall be necessary for any action of the Advisory Board. Members of the Advisory Board shall receive no compensation for their services but shall be reimbursed for their actual expenses.
(c) The Advisory Board shall be provided copies of any additions or changes to the Assisted Living and Shared Housing Establishment Code for review and comment prior to notice being given to the public. If the Advisory Board, having been asked for its review, fails to advise the Department within 90 days, the additions or changes shall be considered acted upon in accordance with this Section.
(Source: P.A. 103-231, eff. 1-1-24.)
(210 ILCS 9/115)
Sec. 115. 
		Reports and access to information. 
		The Department may require periodic reports and shall have access to and may
reproduce or
photocopy at its cost any books, records or other documents maintained by the
establishment to
the extent necessary to carry out this Act and shall not divulge or disclose
the contents of a
resident's record obtained under this Section in violation of this Act.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/120)
Sec. 120. 
		Consent to review. 
		
A licensee or applicant for a license shall be deemed to have given consent to
any authorized
officer, employee, or agent of the Department to enter and review the
establishment in accordance
with this Act, except that entrance to individual rooms shall only be given
with the consent of the
resident or the resident's representative.  Refusal to permit entry or
review shall constitute
grounds for denial, nonrenewal, or revocation of a license.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/125)
Sec. 125. (Repealed).
(Source: P.A. 95-628, eff. 9-25-07. Repealed by P.A. 96-975, eff. 7-2-10.)
(210 ILCS 9/130)
Sec. 130. (Repealed).
(Source: P.A. 91-656, eff. 1-1-01. Repealed by P.A. 93-1003, eff. 8-23-04.)
(210 ILCS 9/135)
Sec. 135. 
		Civil penalties.
(a) The Department may assess a civil penalty not to  exceed $5,000 against
any establishment
subject to this Act for violations of this Act. Each day a violation continues
shall be deemed a separate
violation.
(b) Beginning 180 days after the adoption of rules  under this Act, the
Department may
assess  a civil penalty not to exceed $3,000 against any  establishment
subject to this Act
for caring for a resident who exceeds the care needs defined in this Act.  Each
day a violation continues shall
be deemed a separate violation.
(c) The Department is authorized to hold hearings in  contested cases
regarding appeals of the
penalties assessed  pursuant to this Section.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/140)
Sec. 140. State and private funding. Nothing in this  Act shall:
(1) require or authorize the State agency responsible      for the administration of the medical assistance program  established under Article V and Article VI of the Illinois Public Aid Code to approve, supply, or cover services provided in an assisted living or shared housing establishment, with the exception of licensed facilities that participate in the Department on Aging's Comprehensive Care in Residential Settings Demonstration Project, which may be covered under provisions of the Illinois Public Aid Code;
(2) require an agency or a managed care organization      to approve, supply, or cover services provided in an assisted  living or shared housing establishment; or
(3) require any other third party payer to approve,      supply or cover medically necessary home care services  provided in an assisted living establishment.
(Source: P.A. 93-775, eff. 1-1-05.)
(210 ILCS 9/145)
Sec. 145. Conversion of facilities. Entities licensed as
facilities
under the  Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act may elect to convert
to a license under this Act.  Any facility that
chooses to convert, in whole or in part, shall follow the requirements in the
Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, as applicable, and rules promulgated under those Acts regarding voluntary
closure and notice to residents.  Any conversion of existing beds licensed
under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act to licensure under this Act is exempt from
review by the Health Facilities and Services Review Board.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
(210 ILCS 9/150)
Sec. 150. Alzheimer and dementia programs.
(a) In addition to this Section, Alzheimer and
dementia programs
shall comply with all of the other
provisions of this Act.
(b) No person shall be admitted or retained if the assisted living
or shared housing
establishment cannot provide or secure appropriate care, if the resident
requires a
level of service or
type of service for which the establishment is not licensed or which the
establishment does
not provide, or if the establishment does not have the staff appropriate in
numbers and with
appropriate skill to provide such services.
(c) No person shall be accepted for residency or remain in residence if the
person's mental or physical condition has so deteriorated to render residency
in such a program to be detrimental to the health, welfare or safety of the
person or of other residents of the establishment.  The Department by rule
shall identify a validated dementia-specific
standard
with
inter-rater reliability
that will be used to assess individual
residents.
The assessment must be approved by the resident's physician and shall occur
prior to acceptance for residency, annually, and at such time that a change in
the resident's condition is identified by a family member, staff of the
establishment, or the resident's physician.
(d) No person shall be accepted for residency or remain in residence if the
person is dangerous to self or others and the establishment would be unable to
eliminate the danger through the use of appropriate treatment modalities.
(e) No person shall be accepted for residency or remain in residence if the
person meets the criteria provided in subsections (b) through (g) of Section 75
of this Act.
(f) An establishment that offers to provide a special program or unit for
persons with
Alzheimer's disease and related disorders shall:
(1) disclose to the Department and to a potential or     actual resident of the establishment information as specified under the Alzheimer's Disease and Related Dementias Special Care Disclosure Act;
(2) ensure that a resident's representative is     designated for the resident;
(3) develop and implement policies and procedures     that ensure the continued safety of all residents in the establishment including, but not limited to, those who:
(A) may wander; and
(B) may need supervision and assistance when         evacuating the building in an emergency;
(4) provide coordination of communications with each     resident, resident's representative, relatives and other persons identified in the resident's service plan;
(5) provide cognitive stimulation and activities to     maximize functioning;
(6) provide an appropriate number of staff for its     resident population, as established by rule;
(7) require the director or administrator and direct     care staff to complete sufficient comprehensive and ongoing dementia and cognitive deficit training, the content of which shall be established by rule; and
(8) develop emergency procedures and staffing     patterns to respond to the needs of residents.
(Source: P.A. 96-990, eff. 7-2-10.)
(210 ILCS 9/155)
Sec. 155. 
		Application of Act. 
		An establishment  licensed under this
Act shall obtain and
maintain all other  licenses, permits, certificates, and other governmental
approvals required of
it, except that a licensed assisted  living or shared housing establishment is
exempt from the
provisions of the Illinois Health Facilities Planning Act.  An establishment
licensed under this Act shall comply with the requirements of
all local, State,
federal, and other applicable laws, rules, and ordinances and the National
Fire Protection
Association's Life Safety Code.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/160)
Sec. 160. Assisted Living and Shared Housing Regulatory Fund. There is
created in the
State treasury a special fund to be known as the Assisted Living and Shared
Housing Regulatory
Fund. All moneys received by the Department under this Act and the Board and Care Home Act shall be deposited
into the Fund.
Subject to appropriation, moneys in the Fund shall be used for the
administration of this Act and the Board and Care Home Act.
Interest earned on moneys in the Fund shall be deposited into the Fund.
(Source: P.A. 94-21, eff. 1-1-06; 95-651, eff. 10-11-07.)
(210 ILCS 9/165)
Sec. 165. 
		Severability. 
		The provisions of this Act  are severable under
Section 1.31 of the
Statute on Statutes.
(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/189)
Sec. 189. 
		(Amendatory provisions; text omitted).
(Source: P.A. 91-656, eff. 1-1-01; text omitted.)
(210 ILCS 9/191)
Sec. 191. 
		(Amendatory provisions; text omitted).
(Source: P.A. 91-656, eff. 1-1-01; text omitted.)
(210 ILCS 9/192)
Sec. 192. 
		(Amendatory provisions; text omitted).
(Source: P.A. 91-656, eff. 1-1-01; text omitted.)
(210 ILCS 9/193)
Sec. 193. 
		(Amendatory provisions; text omitted).
(Source: P.A. 91-656, eff. 1-1-01; text omitted.)
(210 ILCS 9/194)
Sec. 194. 
		(Amendatory provisions; text omitted).
(Source: P.A. 91-656, eff. 1-1-01; text omitted.)
(210 ILCS 9/195)
Sec. 195. 
		(Amendatory provisions; text omitted).
(Source: P.A. 91-656, eff. 1-1-01; text omitted.)
(210 ILCS 9/196)
Sec. 196. 
		(Amendatory provisions; text omitted).
(Source: P.A. 91-656, eff. 1-1-01; text omitted.)
(210 ILCS 9/197)
Sec. 197. 
		(Amendatory provisions; text omitted).
(Source: P.A. 91-656, eff. 1-1-01; text omitted.)
(210 ILCS 9/199)
Sec. 199. 
		Effective date. 
		This Act takes effect on January 1, 2001.
(Source: P.A. 91-656, eff. 1-1-01.)