Bill Text: IL HB0838 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Illinois Act on the Aging and the Board and Care Home Act. Provides that no person may establish, operate, maintain, or offer a facility operated as a participating project under the Comprehensive Care in Residential Settings Demonstration Project or as a board and care home until he or she obtains a valid license under the Assisted Living and Shared Housing Act, which remains unsuspended, unrevoked, and unexpired. Provides that 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 unlicensed facility that is required to be licensed under these provisions. Provides that no public official, agent, or employee may place the name of an unlicensed facility that is required to be licensed under these provisions on a list of programs. Provides that an entity that operates as a participating project under the Comprehensive Care in Residential Settings Demonstration Project or as a board and care home without a license is subject to the provisions, including penalties, of the Nursing Home Care Act. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2009-08-13 - Public Act . . . . . . . . . 96-0379 [HB0838 Detail]
Download: Illinois-2009-HB0838-Enrolled.html
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| 1 | AN ACT concerning regulation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Board and Care Home Act is amended by | ||||||
| 5 | changing Section 3 as follows:
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| 6 | (225 ILCS 7/3)
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| 7 | Sec. 3. Licensure.
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| 8 | (a) Every board and care home located in this
State shall | ||||||
| 9 | be licensed by the Department. Licensure Registration shall be | ||||||
| 10 | in the form
prescribed by the Department as a shared housing or | ||||||
| 11 | assisted living establishment under the Assisted Living and | ||||||
| 12 | Shared Housing Act.
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| 13 | (b) (Blank).
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| 14 | (c) (Blank).
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| 15 | (d) No public official, agent, or employee may place any | ||||||
| 16 | person in, or recommend that any person be placed in, or | ||||||
| 17 | directly or indirectly cause any person to be placed in any | ||||||
| 18 | board and care home that is not licensed as an assisted living | ||||||
| 19 | or shared housing establishment. | ||||||
| 20 | (e) No public official, agent, or employee may place the | ||||||
| 21 | name of a board and care home that is not licensed as an | ||||||
| 22 | assisted living or shared housing establishment an unlicensed | ||||||
| 23 | establishment that is required to be licensed under this Act on | ||||||
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| 1 | a list of programs. | ||||||
| 2 | (f) Failure of a board and care home to become licensed as | ||||||
| 3 | an assisted living or shared housing establishment shall be | ||||||
| 4 | deemed a violation of the Assisted Living and Shared Housing | ||||||
| 5 | Act and shall be subject to the penalties for such a violation | ||||||
| 6 | prescribed under that Act comply with the provisions of this | ||||||
| 7 | Section is punishable by a fine of up to $1,000. | ||||||
| 8 | (g) (Blank). Failure of a board and care home to comply | ||||||
| 9 | with the provisions of this Section within 90 days after the | ||||||
| 10 | initial finding of noncompliance is punishable by a fine of | ||||||
| 11 | $1,000 on each day the provisions of this Section are not | ||||||
| 12 | complied with.
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| 13 | (Source: P.A. 94-21, eff. 1-1-06; 95-651, eff. 10-11-07.)
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| 14 | Section 99. Effective date. This Act takes effect upon | ||||||
| 15 | becoming law.
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