Public Act 104-0191
 
HB1597 EnrolledLRB104 07842 BAB 17888 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 Sections 10, 15, 75, 80, 90, and 95 as 
follows:
 
    (210 ILCS 9/10)
    (Text of Section before amendment by P.A. 103-844)
    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 
    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.
        (2) A long term care facility licensed under the 
    Nursing Home Care Act, a facility licensed under the 
    Specialized Mental Health Rehabilitation Act of 2013, a 
    facility licensed under the ID/DD Community Care Act, or a 
    facility licensed under the MC/DD Act. However, a facility 
    licensed under any 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 
    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.
    "Certified medication aide" means a person who has met the 
qualifications for certification under Section 79 and assists 
with medication administration while under the supervision of 
a registered professional nurse as authorized by Section 50-75 
of the Nurse Practice Act in an assisted living establishment. 
    "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.
    "License" means any of the following types of licenses 
issued to an applicant or licensee by the Department:
        (1) "Probationary license" means a license issued to 
    an applicant or licensee that has not held a license under 
    this Act prior to its application or pursuant to a license 
    transfer in accordance with Section 50 of this Act.
        (2) "Regular license" means a license issued by the 
    Department to an applicant or licensee that is in 
    substantial compliance with this Act and any rules 
    promulgated under this Act.
    "Licensee" means a person, agency, association, 
corporation, partnership, or organization that has been issued 
a license to operate an assisted living or shared housing 
establishment. 
    "Licensed health care professional" means a registered 
professional nurse, an advanced practice registered 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
        (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 
branches.
    "Program" means the Certified Medication Aide Program. 
    "Qualified establishment" means an assisted living and 
shared housing establishment licensed by the Department of 
Public Health. 
    "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 or a court 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 
    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, a facility licensed under the 
    Specialized Mental Health Rehabilitation Act of 2013, a 
    facility licensed under the ID/DD Community Care Act, or a 
    facility licensed under the MC/DD Act. A facility licensed 
    under any 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 
    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. 103-886, eff. 8-9-24.)
 
    (Text of Section after amendment by P.A. 103-844)
    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 
    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.
        (2) A long term care facility licensed under the 
    Nursing Home Care Act, a facility licensed under the 
    Specialized Mental Health Rehabilitation Act of 2013, a 
    facility licensed under the ID/DD Community Care Act, or a 
    facility licensed under the MC/DD Act. However, a facility 
    licensed under any 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 
    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.
    "Certified medication aide" means a person who has met the 
qualifications for certification under Section 79 and assists 
with medication administration while under the supervision of 
a registered professional nurse as authorized by Section 50-75 
of the Nurse Practice Act in an assisted living establishment. 
    "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.
    "Infection control committee" means persons, including an 
infection preventionist, who develop and implement policies 
governing control of infections and communicable diseases and 
are qualified through education, training, experience, or 
certification or a combination of such qualifications. 
    "Infection preventionist" means a registered nurse who 
develops and implements policies governing control of 
infections and communicable diseases and is qualified through 
education, training, experience, or certification or a 
combination of such qualifications. 
    "License" means any of the following types of licenses 
issued to an applicant or licensee by the Department:
        (1) "Probationary license" means a license issued to 
    an applicant or licensee that has not held a license under 
    this Act prior to its application or pursuant to a license 
    transfer in accordance with Section 50 of this Act.
        (2) "Regular license" means a license issued by the 
    Department to an applicant or licensee that is in 
    substantial compliance with this Act and any rules 
    promulgated under this Act.
    "Licensee" means a person, agency, association, 
corporation, partnership, or organization that has been issued 
a license to operate an assisted living or shared housing 
establishment. 
    "Licensed health care professional" means a registered 
professional nurse, an advanced practice registered 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
        (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 
branches.
    "Program" means the Certified Medication Aide Program. 
    "Qualified establishment" means an assisted living and 
shared housing establishment licensed by the Department of 
Public Health. 
    "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 or a court 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 
    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, a facility licensed under the 
    Specialized Mental Health Rehabilitation Act of 2013, a 
    facility licensed under the ID/DD Community Care Act, or a 
    facility licensed under the MC/DD Act. A facility licensed 
    under any 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 
    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. 103-844, eff. 7-1-25; 103-886, eff. 8-9-24; 
revised 10-7-24.)
 
    (210 ILCS 9/15)
    Sec. 15. Assessment and service plan requirements. Prior 
to admission to any establishment covered by this Act, a 
comprehensive assessment that includes an evaluation of the 
prospective resident's physical, cognitive, and psychosocial 
condition shall be completed. At least annually, a 
comprehensive assessment shall be completed, and upon 
identification of a significant change in the resident's 
condition, including, but not limited to, a diagnosis of 
Alzheimer's disease or a related dementia, the resident shall 
be reassessed. The Department may by rule specify 
circumstances under which more frequent assessments of skin 
integrity and nutritional status shall be required. The 
comprehensive assessment shall be completed by a physician. 
Based on the assessment, the resident's interests and 
preferences, dislikes, and any known triggers for behavior 
that endangers the resident or others, a written service plan 
shall be developed and mutually agreed upon by the provider, 
and the resident, and the resident's representative, if any. 
The service plan, which shall be reviewed annually, or more 
often as the resident's condition, preferences, or service 
needs change, shall serve as a basis for the service delivery 
contract between the provider and the resident. The resident 
and the resident's representative, if any, shall, upon 
request, be given a copy of the most recent assessment; a 
supplemental assessment, if any, completed by the 
establishment; and a service plan. Based on the assessment, 
the service plan may provide for the disconnection or removal 
of any appliance. 
(Source: P.A. 91-656, eff. 1-1-01.)
 
    (210 ILCS 9/75)
    (Text of Section before amendment by P.A. 103-844)
    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);
        (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 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. The establishment shall notify 
the resident and the resident's representative, if any, when 
there is a significant change in the resident's condition that 
affects the establishment's ability to meet the resident's 
needs. The requirements of subsection (c) of Section 80 shall 
then apply. 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. 103-444, eff. 1-1-24.)
 
    (Text of Section after amendment by P.A. 103-844)
    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 or a nurse in compliance with education, 
    certification, and training in catheter care or infection 
    control by the Centers for Disease Control and Prevention 
    with oversight from an infection preventionist or 
    infection control committee;
        (10) the person requires sterile wound care unless 
    care is self-administered or administered by a licensed 
    health care professional;
        (11) (blank);
        (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 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. The establishment shall notify 
the resident and the resident's representative, if any, when 
there is a significant change in the resident's condition that 
affects the establishment's ability to meet the resident's 
needs. The requirements of subsection (c) of Section 80 shall 
then apply. 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. 103-444, eff. 1-1-24; 103-844, eff. 7-1-25.)
 
    (210 ILCS 9/80)
    Sec. 80. Involuntary termination of residency. 
    (a) Residency shall be involuntarily terminated only for 
the following reasons: 
        (1) as provided in Section 75 of this Act; 
        (2) nonpayment of contracted charges after the 
    resident and the resident's representative have received a 
    minimum of 30 days' 30-days written notice of the 
    delinquency and the resident or the resident's 
    representative has had at least 15 days to cure the 
    delinquency; or 
        (3) failure to execute a service delivery contract or 
    to substantially comply with its terms and conditions, 
    failure to comply with the assessment requirements 
    contained in Section 15, or failure to substantially 
    comply with the terms and conditions of the lease 
    agreement.
    (b) A 30-day 30 day written notice of residency 
termination shall be provided to the resident, the resident's 
representative, or both, the Department, and the long term 
care ombudsman, which shall include the reason for the pending 
action, the date of the proposed move, and a notice, the 
content and form to be set forth by rule, of the resident's 
right to appeal, the steps that the resident or the resident's 
representative must take to initiate an appeal, and a 
statement of the resident's right to continue to reside in the 
establishment until a decision is rendered. The notice shall 
include a toll free telephone number to initiate an appeal and 
a written hearing request form, together with a postage paid, 
pre-addressed envelope to the Department. If the resident or 
the resident's representative, if any, cannot read English, 
the notice must be provided in a language the individual 
receiving the notice can read or the establishment must 
provide a translator who has been trained to assist the 
resident or the resident's representative in the appeal 
process. In emergency situations as defined in Section 10 of 
this Act, the 30-day provision of the written notice may be 
waived.
    (c) The establishment shall attempt to resolve with the 
resident or the resident's representative, if any, 
circumstances that if not remedied have the potential of 
resulting in an involuntary termination of residency and shall 
document those efforts in the resident's file. This action may 
occur prior to or during the 30-day 30 day notice period, but 
must occur prior to the termination of the residency. In 
emergency situations as defined in Section 10 of this Act, the 
requirements of this subsection may be waived.
    (d) A request for a hearing shall stay an involuntary 
termination of residency until a decision has been rendered by 
the Department, according to a process adopted by rule. During 
this time period, the establishment may not terminate or 
reduce any service without the consent of the resident or the 
resident's representative, if any, for the purpose of making 
it more difficult or impossible for the resident to remain in 
the establishment.
    (e) The establishment shall offer the resident and the 
resident's representative, if any, residency termination and 
relocation assistance including information on available 
alternative placement. Residents shall be involved in planning 
the move and shall choose among the available alternative 
placements except when an emergency situation makes prior 
resident involvement impossible. Emergency placements are 
deemed temporary until the resident's input can be sought in 
the final placement decision. No resident shall be forced to 
remain in a temporary or permanent placement.
    (f) The Department may offer assistance to the 
establishment and the resident in the preparation of residency 
termination and relocation plans to assure safe and orderly 
transition and to protect the resident's health, safety, 
welfare, and rights. In nonemergencies, and where possible in 
emergencies, the transition plan shall be designed and 
implemented in advance of transfer or residency termination.
    (g) An establishment may not initiate a termination of 
residency due to an emergency situation if the establishment 
is able to safely care for the resident and (1) the resident 
has been hospitalized and the resident's physician, the 
establishment's manager, and the establishment's director of 
nursing state that returning to the establishment would not 
create an imminent danger of death or serious physical harm to 
the resident; or (2) the emergency can be negated by changes in 
activities, health care, personal care, or available rooming 
accommodations, consistent with the license and services of 
the establishment. The Department may not find an 
establishment to be in violation of Section 75 of this Act for 
failing to initiate an emergency discharge in these 
circumstances.
    (h) If the Department determines that an involuntary 
termination of residency does not meet the requirements of 
this Act, the Department shall issue a written decision 
stating that the involuntary termination of residency is 
denied. If the action of the establishment giving rise to the 
request for hearings is the establishment's failure to readmit 
the resident following hospitalization, other medical leave of 
absence, or other absence, the Department shall order the 
immediate readmission of the resident to the establishment 
unless a condition which would have allowed transfer or 
discharge develops within that time frame.
    (i) If an order to readmit is entered pursuant to 
subsection (h), the establishment shall immediately comply. As 
used in this subsection, "comply" means the establishment and 
the resident have agreed on a schedule for readmission or the 
resident is living in the establishment.
    (j) An establishment that does not readmit a resident 
after the Department has ordered readmission shall be assessed 
a fine. The establishment shall be required to submit an 
acceptable plan of correction to the Department within 30 days 
after the violation is affirmed.
    (k) Once a notice of appeal is filed, the Department shall 
hold a hearing unless the notice of appeal is withdrawn. If the 
notice of appeal is withdrawn based upon a representation made 
by the establishment to the resident and the Department, 
including the hearing officer, that a resident who has been 
previously denied readmission will be readmitted, failure to 
comply with the representation shall be considered a failure 
to comply with a Department order pursuant to subsection (h) 
and shall result in the imposition of a fine as provided in 
subsection (j) of this Section.
(Source: P.A. 91-656, eff. 1-1-01.)
 
    (210 ILCS 9/90)
    Sec. 90. Contents of service delivery contract. A contract 
between an establishment and a resident must be entitled 
"assisted living establishment contract" or "shared housing 
establishment contract" as applicable, shall be printed in no 
less than 12 point type, and shall include at least the 
following elements in the body or through supporting documents 
or attachments:
        (1) the name, street address, and mailing address 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, the type of business entity of 
    the owner or owners;
        (3) the name and mailing address of the managing agent 
    of the establishment, whether hired under a management 
    agreement or lease agreement, if the managing agent is 
    different from the owner or owners;
        (4) the name and address of at least one natural 
    person who is authorized to accept service on behalf of 
    the owners and managing agent;
        (5) a statement describing the license status of the 
    establishment and the license status of all providers of 
    health-related or supportive services to a resident under 
    arrangement with the establishment;
        (6) the duration of the contract;
        (7) the base rate to be paid by the resident and a 
    description of the services to be provided as part of this 
    rate;
        (8) a description of any additional services to be 
    provided for an additional fee by the establishment 
    directly or by a third party provider under arrangement 
    with the establishment;
        (9) the fee schedules outlining the cost of any 
    additional services;
        (10) a description of the process through which the 
    contract may be modified, amended, or terminated;
        (11) a description of the establishment's complaint 
    resolution process available to residents and notice of 
    the availability of the Department on Aging's Senior 
    Helpline for complaints;
        (12) the name of the resident's designated 
    representative, if any;
        (13) the resident's obligations in order to maintain 
    residency and receive services including compliance with 
    all assessments required under Section 15;
        (14) the billing and payment procedures and 
    requirements;
        (15) a statement affirming the resident's freedom to 
    receive services from service providers with whom the 
    establishment does not have a contractual arrangement, 
    which may also disclaim liability on the part of the 
    establishment for those services;
        (16) a statement that medical assistance under Article 
    V or Article VI of the Illinois Public Aid Code is not 
    available for payment for services provided in an 
    establishment, excluding contracts executed with residents 
    residing in licensed establishments participating in the 
    Department on Aging's Comprehensive Care in Residential 
    Settings Demonstration Project;
        (17) a statement detailing the admission, risk 
    management, and residency termination criteria and 
    procedures;
        (18) a written explanation, prepared by the Office of 
    State Long Term Care Ombudsman, statement listing the 
    rights specified in Sections 80 and Section 95, including 
    an acknowledgment by the establishment and acknowledging 
    that, by contracting with the assisted living or shared 
    housing establishment, the resident does not forfeit those 
    rights;
        (19) a statement detailing the Department's annual 
    on-site review process including what documents contained 
    in a resident's personal file shall be reviewed by the 
    on-site reviewer as defined by rule; and
        (20) a statement outlining whether the establishment 
    charges a community fee and, if so, the amount of the fee 
    and whether it is refundable; if the fee is refundable, 
    the contract must describe the conditions under which it 
    is refundable and how the amount of the refund is 
    determined. 
(Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.)
 
    (210 ILCS 9/95)
    Sec. 95. Resident rights. No resident shall be deprived of 
any rights, benefits, or privileges guaranteed by law, the 
Constitution of the State of Illinois, or the Constitution of 
the United States solely on account of his or her status as a 
resident of an establishment, nor shall a resident forfeit any 
of the following rights: 
        (1) the right to retain and use personal property and 
    a place to store personal items that is locked and secure; 
        (2) the right to refuse services and to be advised of 
    the consequences of that refusal; 
        (3) the right to respect for bodily privacy and 
    dignity at all times, especially during care and 
    treatment; 
        (4) the right to the free exercise of religion; 
        (5) the right to privacy with regard to mail, phone 
    calls, and visitors; 
        (6) the right to uncensored access to the State 
    Ombudsman or his or her designee; 
        (7) the right to be free of retaliation for 
    criticizing the establishment or making complaints to 
    appropriate agencies; 
        (8) the right to be free of chemical and physical 
    restraints; 
        (9) the right to be free of abuse or neglect or to 
    refuse to perform labor; 
        (10) the right to confidentiality of the resident's 
    medical records; 
        (11) the right of access and the right to copy the 
    resident's personal files maintained by the establishment; 
        (12) the right to 24 hours access to the 
    establishment; 
        (13) the right to a minimum of 90 days' 90-days notice 
    of a planned establishment closure; 
        (14) the right to a minimum of 30 days' 30-days notice 
    of an involuntary residency termination, except where the 
    resident poses a threat to himself or others, or in other 
    emergency situations, and the right to appeal such 
    termination; if an establishment withdraws a notice of 
    involuntary termination of residency, then the resident 
    has the right to maintain residency at the establishment; 
    and 
        (15) the right to a 30-day notice of delinquency and 
    at least 15 days right to cure delinquency; and .
        (16) the right to not be unlawfully transferred or 
    discharged.
(Source: P.A. 91-656, eff. 1-1-01.)
 
    Section 10. The Nursing Home Care Act is amended by 
changing Sections 1-114.005, 2-111, 3-401, 3-402, 3-404, 
3-405, 3-411, and 3-413 and by adding Sections 3-305.6, 
3-305.7, and 3-413.1 as follows:
 
    (210 ILCS 45/1-114.005)
    Sec. 1-114.005. High risk designation. "High risk 
designation" means a violation of a provision of the Illinois 
Administrative Code or statute that has been identified by the 
Department through rulemaking or designated in statute to be 
inherently necessary to protect the health, safety, and 
welfare of a resident. 
(Source: P.A. 96-1372, eff. 7-29-10.)
 
    (210 ILCS 45/2-111)  (from Ch. 111 1/2, par. 4152-111)
    Sec. 2-111. A resident shall not be transferred or 
discharged in violation of this Act. A resident may be 
discharged from a facility after he gives the administrator, a 
physician, or a nurse of the facility written notice of his 
desire to be discharged. If a guardian has been appointed for a 
resident or if the resident is a minor, the resident shall be 
discharged upon written consent of his guardian or if the 
resident is a minor, his parent unless there is a court order 
to the contrary. In such cases, upon the resident's discharge, 
the facility is relieved from any responsibility for the 
resident's care, safety or well-being. A resident has the 
right to not be unlawfully transferred or discharged.
(Source: P.A. 81-223.)
 
    (210 ILCS 45/3-305.6 new)
    Sec. 3-305.6. Failure to readmit a resident. A facility 
that fails to comply with an order of the Department to readmit 
a resident, pursuant to Section 3-703, who wishes to return to 
the facility and is appropriate for that level of care and 
services provided, shall be assessed a $2,500 fine.
    As used in this Section, "comply with an order" means that 
a resident is living in a facility or that a facility and a 
resident have agreed on a schedule for readmission.
 
    (210 ILCS 45/3-305.7 new)
    Sec. 3-305.7. Ordered readmission of a resident.
    (a) A facility that complies with an order of the 
Department to readmit a resident that has been deemed to have 
been unlawfully discharged shall notify the Department within 
10 business days after the resident has been readmitted to the 
facility. The notice provided to the Department shall include, 
but not be limited to, the following information:
        (1) the executed order to readmit the resident that 
    was issued by the Department;
        (2) the Administrative Law Judge's Report and 
    Recommendations submitted by the administrative law judge;
        (3) the reason or reasons for which the resident was 
    involuntarily discharged and an explanation of why the 
    facility determined it should discharge the resident prior 
    to the order to readmit;
        (4) the interventions the facility had taken to 
    attempt to mitigate or correct the behavior or condition 
    of the resident who was involuntarily discharged and 
    ordered to be readmitted;
        (5) any concerns that the facility maintains about 
    risks to safety associated with readmission of the 
    resident; and
        (6) a copy of the resident's current face sheet that 
    indicates the readmission date. Unique identifiers, such 
    as the resident's social security number and Medicare, 
    Medicaid, or insurance number shall be redacted.
    (b) Upon readmission of a resident following an executed 
order by the Department, the facility shall conduct a 
reassessment of the resident to determine any necessary 
changes to the resident's care plan. The assessment shall 
include identification of any steps the facility could take to 
attempt to mitigate or correct the behavior or condition of 
the resident that resulted in the resident being involuntarily 
discharged.
    (c) If a resident whose readmission was ordered by the 
Department engages in conduct similar to that which led to the 
resident's involuntary discharge and for which the facility 
documented concerns pursuant to subsection (a), the Department 
shall take into account the notice provided by the facility 
under this Section in considering whether to impose a fine. 
 
    (210 ILCS 45/3-401)  (from Ch. 111 1/2, par. 4153-401)
    Sec. 3-401. A facility may involuntarily transfer or 
discharge a resident only for one or more of the following 
reasons: 
        (a) the facility is unable to meet the medical needs 
    of the resident, as documented in the resident's clinical 
    record by the resident's physician for medical reasons; 
        (b) for the resident's physical safety; 
        (c) for the physical safety of other residents, the 
    facility staff or facility visitors; or 
        (d) for either late payment or nonpayment for the 
    resident's stay, except as prohibited by Titles XVIII and 
    XIX of the federal Social Security Act. For purposes of 
    this Section, "late payment" means non-receipt of payment 
    after submission of a bill. If payment is not received 
    within 45 days after submission of a bill, a facility may 
    send a notice to the resident and responsible party 
    requesting payment within 30 days. If payment is not 
    received within such 30 days, the facility may thereupon 
    institute transfer or discharge proceedings by sending a 
    notice of transfer or discharge to the resident and 
    responsible party by registered or certified mail. The 
    notice shall state, in addition to the requirements of 
    Section 3-403 of this Act, that the responsible party has 
    the right to pay the amount of the bill in full up to the 
    date the transfer or discharge is to be made and then the 
    resident shall have the right to remain in the facility. 
    Such payment shall terminate the transfer or discharge 
    proceedings. This subsection does not apply to those 
    residents whose care is provided for under the Illinois 
    Public Aid Code. The Department shall adopt rules setting 
    forth the criteria and procedures to be applied in cases 
    of involuntary transfer or discharge permitted under this 
    Section.
    In the absence of other bases for transfer or discharge in 
this Section, unless it has complied with the prior notice and 
other procedural requirements of this Act, a facility may not 
refuse to readmit a resident following a medical leave of 
absence if the resident's need for care does not exceed the 
provisions of the facility's license or current services 
offered. 
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (210 ILCS 45/3-402)  (from Ch. 111 1/2, par. 4153-402)
    Sec. 3-402. Involuntary transfer or discharge of a 
resident from a facility shall be preceded by the discussion 
required under Section 3-408 and by a minimum written notice 
of 30 21 days, except in one of the following instances:
    (a) When an emergency transfer or discharge is ordered by 
the resident's attending physician because of the resident's 
health care needs. The State Long Term Care Ombudsman shall be 
notified at the time of the emergency transfer or discharge. 
    (b) When the transfer or discharge is mandated by the 
physical safety of other residents, the facility staff, or 
facility visitors, as documented in the clinical record. The 
Department, the Office of State Long Term Care Ombudsman, and 
the resident's managed care organization, if applicable, and 
the State Long Term Care Ombudsman shall be notified prior to 
any such involuntary transfer or discharge. The Department 
shall immediately offer transfer, or discharge and relocation 
assistance to residents transferred or discharged under this 
subparagraph (b), and the Department may place relocation 
teams as provided in Section 3-419 of this Act.
    (c) When an identified offender is within the provisional 
admission period defined in Section 1-120.3. If the Identified 
Offender Report and Recommendation prepared under Section 
2-201.6 shows that the identified offender poses a serious 
threat or danger to the physical safety of other residents, 
the facility staff, or facility visitors in the admitting 
facility and the facility determines that it is unable to 
provide a safe environment for the other residents, the 
facility staff, or facility visitors, the facility shall 
transfer or discharge the identified offender within 3 days 
after its receipt of the Identified Offender Report and 
Recommendation. 
(Source: P.A. 103-320, eff. 1-1-24.)
 
    (210 ILCS 45/3-404)  (from Ch. 111 1/2, par. 4153-404)
    Sec. 3-404. A request for a hearing made under Section 
3-403 shall stay a transfer or discharge pending a hearing or 
appeal of the decision, unless a condition which would have 
allowed transfer or discharge in less than 30 21 days as 
described under paragraphs (a) and (b) of Section 3-402 
develops in the interim.
(Source: P.A. 81-223.)
 
    (210 ILCS 45/3-405)  (from Ch. 111 1/2, par. 4153-405)
    Sec. 3-405. A copy of the notice required by Section 3-402 
shall be placed in the resident's clinical record and a copy 
shall be transmitted to the Department, the State Long Term 
Care Ombudsman, the resident, and the resident's 
representative, if any, and the resident's managed care 
organization.
(Source: P.A. 103-320, eff. 1-1-24.)
 
    (210 ILCS 45/3-411)  (from Ch. 111 1/2, par. 4153-411)
    Sec. 3-411. The Department of Public Health, when the 
basis for involuntary transfer or discharge is other than 
action by the Department of Healthcare and Family Services 
(formerly Department of Public Aid) with respect to the Title 
XIX Medicaid recipient, shall hold a hearing at the resident's 
facility not later than 10 days after a hearing request is 
filed, and render a decision within 14 days after the filing of 
the hearing request. The Department has continuing 
jurisdiction over the transfer or discharge irrespective of 
the timing of the hearing and decision. Once a request for a 
hearing is filed, the Department shall hold a hearing unless 
the request is withdrawn by the resident. If the request for a 
hearing is withdrawn based upon a representation made by the 
facility to the resident and the Department, including the 
hearing officer, that a resident who has been denied 
readmission will be readmitted, and the resident or resident 
representative notifies the Department that the facility is 
still denying readmission, failure to readmit is considered 
failure to comply with a Department order to readmit pursuant 
to Section 3-305.6, including the imposition of a $2,500 fine 
under Section 3-305.6. 
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (210 ILCS 45/3-413)  (from Ch. 111 1/2, par. 4153-413)
    Sec. 3-413. If the Department determines that a transfer 
or discharge is authorized under Section 3-401, the resident 
shall not be required to leave the facility before the 34th day 
following receipt of the notice required under Section 3-402, 
or the 10th day following receipt of the Department's 
decision, whichever is later, unless a condition which would 
have allowed transfer or discharge in less than 30 21 days as 
described under paragraphs (a) and (b) of Section 3-402 
develops in the interim. The Department maintains jurisdiction 
over the transfer or discharge irrespective of the timing of 
the notice and discharge. 
(Source: P.A. 81-223.)
 
    (210 ILCS 45/3-413.1 new)
    Sec. 3-413.1. Denial of transfer or discharge. If the 
Department determines that a transfer or discharge is not 
authorized under Section 3-401, then the Department shall 
issue a written decision stating that the transfer or 
discharge is denied. If the action of the facility giving rise 
to the request for hearings is the facility's failure to 
readmit the resident following hospitalization, other medical 
leave of absence, or other absence, then the Department shall 
order the immediate readmission of the resident to the 
facility. The facility shall comply with the order 
immediately. A copy of the Department's written decision shall 
be placed in the resident's medical chart. A surveyor shall 
make an on-site inspection of the facility's compliance with 
the order unless the resident or resident representative 
notifies the Department in writing that there is compliance 
with the order.
 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.
 
    Section 99. Effective date. This Act takes effect January 
1, 2026.