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| | HB3172 Enrolled | | LRB103 30461 AWJ 56894 b |
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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 Assisted Living and Shared Housing Act is |
| 5 | | amended by changing Section 75 as follows:
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| 6 | | (210 ILCS 9/75)
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| 7 | | Sec. 75. Residency Requirements.
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| 8 | | (a) No individual shall be accepted for residency or |
| 9 | | remain in residence if
the
establishment cannot provide or |
| 10 | | secure appropriate
services, if the individual
requires a |
| 11 | | level of service or type of service for which the |
| 12 | | establishment is
not licensed or
which the establishment does |
| 13 | | not provide, or if the establishment does not have
the staff
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| 14 | | appropriate in numbers and with appropriate skill to provide |
| 15 | | such services.
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| 16 | | (b) Only adults may be accepted for residency.
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| 17 | | (c) A person shall not be accepted for residency if:
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| 18 | | (1) the person poses a serious threat to himself or |
| 19 | | herself or to others;
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| 20 | | (2) the person is not able to communicate his or her |
| 21 | | needs and no
resident representative
residing in the |
| 22 | | establishment, and with a prior relationship to the |
| 23 | | person,
has been appointed to direct the provision of
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| 1 | | services;
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| 2 | | (3) the person requires total assistance with 2 or |
| 3 | | more activities of
daily
living;
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| 4 | | (4) the person requires the assistance of more than |
| 5 | | one paid caregiver at
any given time
with an activity of |
| 6 | | daily living;
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| 7 | | (5) the person requires more than minimal assistance |
| 8 | | in moving to a safe
area in an
emergency;
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| 9 | | (6) the person has a severe mental illness, which for |
| 10 | | the purposes of
this Section
means a condition that is |
| 11 | | characterized by the presence of a major mental
disorder
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| 12 | | as classified in the Diagnostic and Statistical Manual of |
| 13 | | Mental Disorders,
Fourth
Edition (DSM-IV) (American |
| 14 | | Psychiatric Association, 1994), where the individual
is a |
| 15 | | person with a substantial disability due to mental illness |
| 16 | | in the areas of
self-maintenance,
social functioning, |
| 17 | | activities of community living and work skills, and the
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| 18 | | disability
specified is expected to be present for a |
| 19 | | period of not less than one year, but
does not
mean |
| 20 | | Alzheimer's disease and other forms of dementia based on |
| 21 | | organic or
physical disorders;
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| 22 | | (7) the person requires intravenous therapy or |
| 23 | | intravenous feedings
unless self-administered or |
| 24 | | administered by a qualified, licensed health care
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| 25 | | professional;
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| 26 | | (8) the person requires gastrostomy feedings unless |
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| 1 | | self-administered or
administered
by a licensed health |
| 2 | | care professional;
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| 3 | | (9) the person requires insertion, sterile irrigation, |
| 4 | | and replacement of
catheter, except
for routine |
| 5 | | maintenance of urinary catheters, unless the catheter care |
| 6 | | is
self-administered or administered by a licensed health |
| 7 | | care professional;
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| 8 | | (10) the person requires sterile wound care unless |
| 9 | | care is
self-administered or
administered by a licensed |
| 10 | | health care professional;
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| 11 | | (11) (blank); the person requires sliding scale |
| 12 | | insulin administration unless
self-performed or
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| 13 | | administered by a licensed health care professional;
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| 14 | | (12) the person is a diabetic requiring routine |
| 15 | | insulin injections unless
the injections
are |
| 16 | | self-administered or administered by a licensed health |
| 17 | | care professional;
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| 18 | | (13) the person requires treatment of stage 3 or stage |
| 19 | | 4 decubitus ulcers
or exfoliative
dermatitis;
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| 20 | | (14) the person requires 5 or more skilled nursing |
| 21 | | visits per week for
conditions other
than those listed in |
| 22 | | items (13) and (15) of this subsection for a
period of 3
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| 23 | | consecutive weeks or more except when the course of |
| 24 | | treatment is expected to
extend beyond a 3 week period for |
| 25 | | rehabilitative purposes and is certified as
temporary by a |
| 26 | | physician; or
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| 1 | | (15) other reasons prescribed by the Department by |
| 2 | | rule.
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| 3 | | (d) A resident with a condition listed in items (1) |
| 4 | | through (15) of
subsection (c) shall have
his or her residency |
| 5 | | terminated.
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| 6 | | (e) Residency shall be terminated when services available |
| 7 | | to the resident
in
the establishment
are no longer adequate to |
| 8 | | meet the needs of the resident. This provision shall
not
be |
| 9 | | interpreted as
limiting the authority of the Department to |
| 10 | | require the residency termination
of individuals.
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| 11 | | (f) Subsection (d) of this Section shall not apply to
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| 12 | | terminally
ill residents who
receive or would qualify for |
| 13 | | hospice care and such care is coordinated by
a hospice program |
| 14 | | licensed
under the Hospice
Program
Licensing Act or other |
| 15 | | licensed health care professional employed by a
licensed home |
| 16 | | health
agency and the establishment and all parties agree to |
| 17 | | the continued residency.
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| 18 | | (g) Items (3), (4), (5), and (9) of subsection (c) shall |
| 19 | | not apply to
a quadriplegic, paraplegic, or
individual with |
| 20 | | neuro-muscular diseases, such as muscular dystrophy and
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| 21 | | multiple
sclerosis, or other chronic diseases and conditions |
| 22 | | as defined by rule if the
individual is able
to communicate his |
| 23 | | or her needs and does not require assistance with complex
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| 24 | | medical
problems, and the establishment is able to accommodate |
| 25 | | the individual's needs.
The Department shall prescribe rules |
| 26 | | pursuant to this Section that address
special safety and |
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| 1 | | service needs of these individuals.
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| 2 | | (h) For the purposes of items (7) through (10) of |
| 3 | | subsection (c), a
licensed health care professional may not
be |
| 4 | | employed by the owner or operator of the establishment, its |
| 5 | | parent entity,
or any other entity with ownership common to |
| 6 | | either the owner or operator of
the establishment or parent |
| 7 | | entity, including but not limited to an affiliate
of the owner |
| 8 | | or operator of the establishment. Nothing in this Section is
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| 9 | | meant to limit a resident's right to
choose his or her health |
| 10 | | care provider.
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| 11 | | (i) Subsection (h) is not applicable to residents admitted |
| 12 | | to an assisted living establishment under a life care contract |
| 13 | | as defined in the Life Care Facilities Act if the life care |
| 14 | | facility has both an assisted living establishment and a |
| 15 | | skilled nursing facility. A licensed health care professional |
| 16 | | providing health-related or supportive services at a life care |
| 17 | | assisted living or shared housing establishment must be |
| 18 | | employed by an entity licensed by the Department under the |
| 19 | | Nursing Home Care Act or the Home Health, Home Services, and |
| 20 | | Home Nursing Agency Licensing Act.
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| 21 | | (Source: P.A. 99-143, eff. 7-27-15.)
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