Public Act 104-0037
 
HB0057 EnrolledLRB104 03872 BAB 13896 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Essential Support Person Act is amended by 
changing Section 5 as follows:
 
    (210 ILCS 175/5)
    Sec. 5. Definitions. In this Act:
    "Department" means the Department of Public Health or, 
with respect to community-integrated living arrangements, as 
defined in the Community-Integrated Living Arrangements 
Licensure and Certification Act, the Department of Human 
Services.
    "Essential support" means support that includes, but is 
not limited to:
        (1) assistance with activities of daily living; and
        (2) physical, emotional, psychological, and 
    socialization support for the resident.
    "Facility" means any of the following: a facility as 
defined in Section 10 of the Alzheimer's Disease and Related 
Dementias Special Care Disclosure Act; an assisted living 
establishment or shared housing establishment as defined in 
Section 10 of the Assisted Living and Shared Housing Act; a 
Community Living Facility as defined in Section 3 of the 
Community Living Facilities Licensing Act; a facility as 
defined in Section 2 of the Life Care Facilities Act; a 
continuum of care facility as defined in Section 10 of the 
Continuum of Care Services for the Developmentally Disabled 
Act; a facility as defined in Section 1-113 of the Nursing Home 
Care Act; a MC/DD facility as defined in Section 1-113 of the 
MC/DD Act; an ID/DD facility as defined in Section 1-113 of the 
ID/DD Community Care Act; a hospice program as defined in 
Section 3 of the Hospice Program Licensing Act; a Supportive 
Residence as defined in Section 10 of the Supportive 
Residences Licensing Act; a facility as defined in Section 
1-102 of the Specialized Mental Health Rehabilitation Act of 
2013; a home, institution, or other place operated by or under 
the authority of the Department of Veterans' Affairs; an 
Alzheimer's disease management center alternative health care 
model under the Alternative Health Care Delivery Act; and a 
home, institution, or other place that is a State-operated 
mental health or developmental disability center or facility. 
"Facility" does not include a hospital as defined in the 
Hospital Licensing Act or any hospital authorized under the 
University of Illinois Hospital Act. "Facility" does not 
include any facility that the Department of Public Health or 
the Department of Veterans' Affairs does not regulate.
    "Home" means a community-integrated living arrangement as 
defined in the Community-Integrated Living Arrangements 
Licensure and Certification Act. 
    "Office" means the Office of State Long Term Care 
Ombudsman.
    "Person-centered care plan" means a care plan for a 
resident developed by the resident or resident's 
representative in consultation with health professionals that 
focuses on the resident's physical, emotional, psychological, 
and socialization needs and describes the resident's right to 
designate a primary essential support person or secondary 
essential support person.
    "Primary essential support person" means a person 
designated by a resident, or the resident's representative, 
who has access to the resident in accordance with rules set by 
the Department to provide essential support according to the 
resident's person-centered care plan.
    "Resident" means a person who is living in a facility or 
home or is seeking admission to a facility or home. "Resident" 
includes a guardian of the person or an agent for the person 
under a power of attorney.
    "Secondary essential support person" means a person 
designated by the resident, or the resident's representative, 
to serve as a backup to a primary essential support person.
(Source: P.A. 103-261, eff. 6-30-23.)