HB 4264 — ASSISTED LIVING-2 YEAR LICENSE

*LRB09515201DRJ41181b* HB4264 95THEngrossed GENERALLRB095 ASSEMBLY15201 StateDRJ of41181 Illinoisb andAN 2008ACT HB4264concerning byregulation. Rep.

Kathleen A.

Ryg SYNOPSIS AS INTRODUCED:

ILCS 9/30 ILCS 9/45 Amends the Assisted Living and Shared Housing Act.

Provides that for the Department of Public Health shall conduct an on-site review every 2se, years (instead of annually).

Requires revocation of a 2-year license and replacement with a one-year license if a licensee has admitted or retained a resident in violation of provisions of the Act concerning residency requirements in the preceding 24 months.

Effective immediately.

LRB095 15201 DRJ 41181 b FISMAY APPLYACT A BILL FOR HB4264 LRB095 15201 DRJ 41181 b AN ACT concerning regulation.

The Assisted Living and Shared Housing Act is amended by changing Sections 3030, 45, and 45110 as follows:

The quality improvement process HB4264 Engrossed - 2 - LRB095 15201 DRJ 41181 b implemented by the establishment must benchmark performance, be customer centered, be data driven, and focus on resident satisfaction.

(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 HB4264 Engrossed - 3 - LRB095 15201 DRJ 41181 b or resident’s representative;

and (11) other information necessary to determine the HB4264 Engrossed - 4 - LRB095 15201 DRJ 41181 b identity and qualifications of an applicant or licensee to operate an establishment in accordance with this Act as required by the Department by rule.

(d) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.

If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly’s discretion.

Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given.

For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois HB4264 Engrossed - 5 - LRB095 15201 DRJ 41181 b Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

If a licensee whose 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), and (iv), then, in addition to any other sanctions that the Department may impose under this Act, the Department shall revoke the 2-year license HB4264 - 5 - LRB095 15201 DRJ 41181 b and replace it with a one-year license until the licensee again meets all of the conditions set forth in items (i), (ii), and HB4264 Engrossed - 6 - LRB095 15201 DRJ 41181 b (iii), and (iv).

Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.

If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly’s discretion.

Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given.

For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the HB4264 Engrossed - 7 - LRB095 15201 DRJ 41181 b meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

revised 11-15-07.) Section(210 99.ILCS 9/110) Sec.

110.

Powers and duties of the Department.

(a) The Department shall conduct an annual unannounced on-site visit at each assisted living and shared housing establishment to determine compliance with applicable licensure requirements and standards, except for those establishments granted a 2-year license as provided in Section 45.

For those establishments granted a 2-year license, the Department shall conduct an unannounced on-site visit every 2 years.

Additional visits may be conducted without prior notice to the assisted living or shared housing establishment.

(b) Upon receipt of information that may indicate the failure of the assisted living or shared housing establishment or a service provider to comply with a provision of this Act, the Department shall investigate the matter or make appropriate referrals to other government agencies and entities having jurisdiction over the subject matter of the possible violation.

The Department may also make referrals to any public or private agency that the Department considers available for appropriate assistance to those involved.

The Department may oversee and HB4264 Engrossed - 8 - LRB095 15201 DRJ 41181 b coordinate the enforcement of State consumer protection policies affecting residents residing in an establishment licensed under this Act.

(c) The Department shall establish by rule complaint receipt, investigation, resolution, and involuntary residency termination procedures.

Resolution procedures shall provide for on-site review and evaluation of an assisted living or shared housing establishment found to be in violation of this Act within a specified period of time based on the gravity and severity of the violation and any pervasive pattern of occurrences of the same or similar violations.

(d) The Governor shall establish an Assisted Living and Shared Housing Standards and Quality of Life Advisory Board.

(e) The Department shall by rule establish penalties and sanctions, which shall include, but need not be limited to, the creation of a schedule of graduated penalties and sanctions to include closure.

(f) The Department shall by rule establish procedures for disclosure of information to the public, which shall include, but not be limited to, ownership, licensure status, frequency of complaints, disposition of substantiated complaints, and disciplinary actions.

(g) (Blank).

(h) Beginning January 1, 2000, the Department shall begin drafting rules necessary for the administration of this Act.

(i) Notwithstanding any other rulemaking authority that HB4264 Engrossed - 9 - LRB095 15201 DRJ 41181 b may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly.

If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly’s discretion.

Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given.