Rep. Norine K. Hammond
Filed: 4/5/2024
 
 
 




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1
AMENDMENT TO HOUSE BILL 5000


2 AMENDMENT NO. ______. Amend House Bill 5000 by replacing 
3everything after the enacting clause with the following:

4 "Section 5. The Assisted Living and Shared Housing Act is 
5amended by changing Section 75 as follows:

6 (210 ILCS 9/75)
7 Sec. 75. Residency requirements. 
8 (a) No individual shall be accepted for residency or 
9remain in residence if the establishment cannot provide or 
10secure appropriate services, if the individual requires a 
11level of service or type of service for which the 
12establishment is not licensed or which the establishment does 
13not provide, or if the establishment does not have the staff 
14appropriate in numbers and with appropriate skill to provide 
15such services.
16 (b) Only adults may be accepted for residency.
 
 
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1 (c) A person shall not be accepted for residency if:
2  (1) the person poses a serious threat to himself or 
3 herself or to others;
4  (2) the person is not able to communicate his or her 
5 needs and no resident representative residing in the 
6 establishment, and with a prior relationship to the 
7 person, has been appointed to direct the provision of 
8 services;
9  (3) the person requires total assistance with 2 or 
10 more activities of daily living;
11  (4) the person requires the assistance of more than 
12 one paid caregiver at any given time with an activity of 
13 daily living;
14  (5) the person requires more than minimal assistance 
15 in moving to a safe area in an emergency;
16  (6) the person has a severe mental illness, which for 
17 the purposes of this Section means a condition that is 
18 characterized by the presence of a major mental disorder 
19 as classified in the Diagnostic and Statistical Manual of 
20 Mental Disorders, Fourth Edition (DSM-IV) (American 
21 Psychiatric Association, 1994), where the individual is a 
22 person with a substantial disability due to mental illness 
23 in the areas of self-maintenance, social functioning, 
24 activities of community living and work skills, and the 
25 disability specified is expected to be present for a 
26 period of not less than one year, but does not mean 
 
 
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1 Alzheimer's disease and other forms of dementia based on 
2 organic or physical disorders;
3  (7) the person requires intravenous therapy or 
4 intravenous feedings unless self-administered or 
5 administered by a qualified, licensed health care 
6 professional;
7  (8) the person requires gastrostomy feedings unless 
8 self-administered or administered by a licensed health 
9 care professional;
10  (9) (blank); the person requires insertion, sterile 
11 irrigation, and replacement of catheter, except for 
12 routine maintenance of urinary catheters, unless the 
13 catheter care is self-administered or administered by a 
14 licensed health care professional;
15  (10) the person requires sterile wound care unless 
16 care is self-administered or administered by a licensed 
17 health care professional;
18  (11) (blank);
19  (12) the person is a diabetic requiring routine 
20 insulin injections unless the injections are 
21 self-administered or administered by a licensed health 
22 care professional;
23  (13) the person requires treatment of stage 3 or stage 
24 4 decubitus ulcers or exfoliative dermatitis;
25  (14) the person requires 5 or more skilled nursing 
26 visits per week for conditions other than those listed in 
 
 
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1 items (13) and (15) of this subsection for a period of 3 
2 consecutive weeks or more except when the course of 
3 treatment is expected to extend beyond a 3 week period for 
4 rehabilitative purposes and is certified as temporary by a 
5 physician; or 
6  (15) other reasons prescribed by the Department by 
7 rule.
8 (d) A resident with a condition listed in items (1) 
9through (15) of subsection (c) shall have his or her residency 
10terminated.
11 (e) Residency shall be terminated when services available 
12to the resident in the establishment are no longer adequate to 
13meet the needs of the resident. This provision shall not be 
14interpreted as limiting the authority of the Department to 
15require the residency termination of individuals.
16 (f) Subsection (d) of this Section shall not apply to 
17terminally ill residents who receive or would qualify for 
18hospice care and such care is coordinated by a hospice program 
19licensed under the Hospice Program Licensing Act or other 
20licensed health care professional employed by a licensed home 
21health agency and the establishment and all parties agree to 
22the continued residency.
23 (g) Items (3), (4), (5), and (9) of subsection (c) shall 
24not apply to a quadriplegic, paraplegic, or individual with 
25neuro-muscular diseases, such as muscular dystrophy and 
26multiple sclerosis, or other chronic diseases and conditions 
 
 
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