Public Act 103-0444

HB3172 Enrolled LRB103 30461 AWJ 56894 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Assisted Living and Shared Housing Act is

amended by changing Section 75 as follows:

(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); the person requires sliding scale

insulin administration unless self-performed or

administered by a licensed health care professional;

(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. 99-143, eff. 7-27-15.)