Bill Text: IL SB2147 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Health Facilities Planning Act. In provisions concerning an application for a permit, provides that members of the public and the permit applicant shall have until 10 days before the meeting of the Health Facilities and Services Review Board to submit any written response concerning the Board staff's written review or findings regarding the permit application. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-11-14 - Public Act . . . . . . . . . 97-0619 [SB2147 Detail]

Download: Illinois-2011-SB2147-Amended.html

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Rep. Lou Lang

Filed: 5/5/2011

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AMENDMENT TO SENATE BILL 2147
AMENDMENT NO. ______. Amend Senate Bill 2147 by replacing
everything after the enacting clause with the following:
"Section 5. The Assisted Living and Shared Housing Act is
amended by changing Sections 5, 10, 20, 25, 30, 32, 35, 40, 45,
55, 60, 65, and 75 as follows:
(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

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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

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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 certified 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

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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.

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(2) A long term care facility licensed under the
Nursing Home Care Act or a facility licensed under the
MR/DD Community Care Act. However, a facility licensed
under either 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

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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.
"Certificate License" means any of the following types of
certificates licenses issued to an applicant or licensee by the
Department:
(1) "Probationary certificate license" means a
certificate license issued to an applicant or the holder of
a certificate licensee that has not held a certificate or
license under this Act prior to its application or pursuant
to a license transfer in accordance with Section 50 of this
Act.
(2) "Regular certification license" means a
certificate license issued by the Department to an

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applicant or the holder of a certificate licensee that is
in substantial compliance with this Act and any rules
promulgated under this Act.
"Holder of a certificate Licensee" means a person, agency,
association, corporation, partnership, or organization that
has been issued a certificate license to operate an assisted
living or shared housing establishment.
"Licensed health care professional" means a registered
professional nurse, an advanced practice 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

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(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

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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

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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 or a facility licensed under the
MR/DD Community Care Act. A facility licensed under either
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

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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. 95-216, eff. 8-16-07; 96-339, eff. 7-1-10;
96-975, eff. 7-2-10.)
(210 ILCS 9/20)
Sec. 20. Construction and operating standards. The

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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 certified licensed;
(6) the development of evacuation and other

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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. Certification 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 certificate 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 certificate license. No public official, agent, or
employee may place the name of an uncertified unlicensed
establishment that is required to be certified 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 being certified a license shall be subject to

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the provisions, including penalties, of the Nursing Home Care
Act. No entity shall use in its name or advertise "assisted
living" unless certified 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 certified licensed under this Act
may advertise assisted living services. A valid license issued
pursuant to this Act prior to the effective date of this
amendatory Act of the 97th General Assembly shall be deemed a
valid certificate pursuant to this Act subject to all renewal,
suspension, revocation, and disciplinary provisions of this
Act until such time as the Department shall establish means for
certification under this Act.
(Source: P.A. 93-141, eff. 7-10-03.)
(210 ILCS 9/30)
Sec. 30. Certification Licensing.
(a) The Department shall establish by rule forms,
procedures, and fees for the annual certification 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

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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
certification 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

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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

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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 the holder
of a certificate 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 certification 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
assisted living certificate license for any number of
individual living units within the establishment up to, but not
including, total capacity. An establishment requesting a
floating assisted living certificate license must specify the
number of individual living units within the establishment to
be certified licensed. Living units designated by the
establishment as a certified assisted licensed living unit
shall, for the purposes of this Section, be referred to as a

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certified assisted licensed living unit. An establishment
utilizing a floating assisted living certificate license must
have staff adequate to meet the scheduled and unscheduled needs
of the residents residing in certified assisted licensed living
units within the establishment. All staff providing services to
certified assisted licensed living units must meet the
requirements of this Act and its rules. A living unit may only
be designated as a certified assisted living 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 certified assisted
licensed living units, and residents of certified assisted
licensed living units may receive any optional services
permitted under the establishment's assisted living
certificate license. Establishments may only provide services
under this Act in the individual living units designated as
certified assisted living licensed units. Designation as a
certified assisted living licensed unit may be temporary to
accommodate a resident's changing needs without requiring the
resident to move.
An establishment with a floating assisted living
certification license must keep a current written list of those
units designated under the floating assisted living
certificate license. If a resident elects to receive services
in a unit that is not certified licensed and the unit qualifies
for assisted living certification licensure, the establishment

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must notify the resident that the unit must be certified as an
assisting living unit 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 assisted living
certification licensing inspection, annual inspection, or
complaint investigation, the establishment shall provide to
the Department a list of the units designated under the
floating assisted living certification 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 certification license.
(a) Upon receipt and review of an application for a
certificate license and review of the applicant establishment,
the Director may issue a certificate 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 certificate or license issued under this
Act, the Nursing Home Care Act, or the MR/DD Community Care

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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 certificate
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

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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 certification 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 certificate license issued by the Director shall state
the physical location of the establishment, the date the
certificate license was issued, and the expiration date. All
certificates licenses shall be valid for one year, except as
provided in Sections 40 and 45. Each certificate license shall
be issued only for the premises and persons named in the
application, and shall not be transferable or assignable.
(Source: P.A. 95-79, eff. 8-13-07; 95-590, eff. 9-10-07;
95-628, eff. 9-25-07; 95-876, eff. 8-21-08; 96-339, eff.
7-1-10; 96-990, eff. 7-2-10.)
(210 ILCS 9/40)
Sec. 40. Probationary certification licenses. If the
applicant has not been previously certified or licensed under
this Act or if the establishment is not in operation at the
time the application is made and if the Department determines

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that the applicant meets the certification licensure
requirements of this Act, the Department shall issue a
probationary certificate license. A probationary certificate
license shall be valid for 120 days unless sooner suspended or
revoked. Within 30 days prior to the termination of a
probationary certificate license, the Department shall fully
and completely review the establishment and, if the
establishment meets the applicable requirements for
certification licensure, shall issue a certificate license. If
the Department finds that the establishment does not meet the
requirements for certification licensure, but has made
substantial progress toward meeting those requirements, the
certificate license may be renewed once for a period not to
exceed 120 days from the expiration date of the initial
probationary certificate license.
(Source: P.A. 93-1003, eff. 8-23-04.)
(210 ILCS 9/45)
Sec. 45. Renewal of certification licenses. At least 120
days, but not more than 150 days prior to the license
expiration of a certificate, the holder of a certificate
licensee shall submit an application for renewal of the
certificate license in such form and containing such
information as the Department requires. If the application is
approved, and if the holder of a certificate licensee (i) has
not committed a Type 1 violation in the preceding 24 months,

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(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 certificate
license for an additional period of 2 years at the request of
the holder of a certificate licensee. If a holder of a
certificate licensee whose certificate 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 certificate license and replace it with a
one-year certificate license until the holder of a certificate
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 holder of a
certificate licensee.
(Source: P.A. 95-590, eff. 9-10-07; 95-876, eff. 8-21-08;
96-990, eff. 7-2-10; 96-1275, eff. 7-26-10; revised 9-2-10.)

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(210 ILCS 9/55)
Sec. 55. Grounds for denial of a certificate license. An
application for a certificate 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 certificate or license during the
previous 5 years, if such prior certificate or 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,

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controlling owner of the applicant or affiliate of the
applicant was a controlling owner of the prior certificate
or license; provided, however, that the denial of an
application for a certificate 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 certificate
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 or the
MR/DD Community Care Act.
(Source: P.A. 96-339, eff. 7-1-10.)
(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 certificate license under this Act, the
Department shall notify the applicant in writing. Notice of

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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 the
holder of a certificate licensee wishes to contest the denial
of a certificate 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

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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 the holder of a
certificate 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.

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(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 9/65)
Sec. 65. Revocation, suspension, or refusal to renew
certificate license.
(a) The Department, after notice to the applicant or the
holder of a certificate licensee, may suspend, revoke, or
refuse to renew a certificate 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 the holder
of a certificate 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

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(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 certificate 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
certificate 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 certificate or license, or upon final action after
hearing under Section 60, whichever is later; however, a
certificate or license shall not be deemed to have expired
if the Department fails to timely respond to a timely

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request for renewal under this Act or for a hearing to
contest nonrenewal; or
(3) the Department may extend the effective date of
certificate 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
certificate 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 9/75)
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
certificated 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.

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(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
substantially disabled 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

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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) 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

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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

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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. 94-256, eff. 7-19-05; 94-570, eff. 8-12-05;

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95-216, eff. 8-16-07; 95-331, eff. 8-21-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.".