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| 1 | AN ACT concerning regulation.
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| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Assisted Living and Shared Housing Act is | |||||||||||||||||||
| 5 | amended by changing Section 5 as follows:
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| 6 | (210 ILCS 9/5)
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| 7 | Sec. 5. Legislative purpose. The
The purpose of this Act is | |||||||||||||||||||
| 8 | to permit the
development and
availability of assisted living | |||||||||||||||||||
| 9 | establishments and shared housing
establishments
based on a | |||||||||||||||||||
| 10 | social
model that promotes the dignity, individuality, | |||||||||||||||||||
| 11 | privacy, independence,
autonomy, and decision-making ability | |||||||||||||||||||
| 12 | and the right to negotiated risk of
those persons; to provide
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| 13 | for the health, safety,
and welfare of those residents residing | |||||||||||||||||||
| 14 | in assisted living and shared housing
establishments in
this | |||||||||||||||||||
| 15 | State; to promote continuous quality improvement in assisted | |||||||||||||||||||
| 16 | living; and
to encourage the
development of innovative and | |||||||||||||||||||
| 17 | affordable assisted living establishments and
shared housing
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| 18 | with service establishments for elderly persons of all income | |||||||||||||||||||
| 19 | levels. It is
the public policy of
this State that assisted | |||||||||||||||||||
| 20 | living is an important part of the continuum of
long term care. | |||||||||||||||||||
| 21 | In support
of the goal of aging in place within the parameters | |||||||||||||||||||
| 22 | established by this Act,
assisted living
and shared housing | |||||||||||||||||||
| 23 | establishments shall be operated as
residential environments
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| 1 | with supportive services designed to meet the individual | ||||||
| 2 | resident's changing
needs and
preferences. The residential | ||||||
| 3 | environment shall be designed to encourage family
and community
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| 4 | involvement. The services available to residents, either | ||||||
| 5 | directly or through
contracts or
agreements, are intended to | ||||||
| 6 | help residents remain as independent as possible.
Assisted | ||||||
| 7 | living,
which promotes resident choice, autonomy, and decision | ||||||
| 8 | making, should be based
on a contract
model designed to result | ||||||
| 9 | in a negotiated agreement between the resident or
the | ||||||
| 10 | resident's
representative and the provider, clearly | ||||||
| 11 | identifying the services to be
provided. This model
assumes | ||||||
| 12 | that residents are able to direct services provided for them | ||||||
| 13 | and will
designate a
representative to direct
these services if | ||||||
| 14 | they themselves are unable to do so. This model supports
the
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| 15 | principle that there is
an acceptable balance between consumer | ||||||
| 16 | protection and resident willingness
to accept risk and
that | ||||||
| 17 | most consumers are competent to make their own judgments about | ||||||
| 18 | the
services they are
obtaining. Regulation of assisted living | ||||||
| 19 | establishments and shared housing
establishments must
be | ||||||
| 20 | sufficiently flexible to allow residents to age in place within | ||||||
| 21 | the
parameters of this Act.
The
administration of this Act and | ||||||
| 22 | services provided must therefore ensure that the
residents have | ||||||
| 23 | the rights and responsibilities to direct the scope of services
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| 24 | they
receive and to make individual choices based on their | ||||||
| 25 | needs and preferences.
These
establishments shall be operated | ||||||
| 26 | in a manner that provides the least
restrictive and
most | ||||||
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| 1 | homelike environment and that promotes independence, autonomy,
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| 2 | individuality,
privacy, dignity, and the right to negotiated | ||||||
| 3 | risk in residential
surroundings. It is not the intent of the | ||||||
| 4 | State that establishments licensed
under this Act
be used as | ||||||
| 5 | halfway houses for alcohol and substance abusers. | ||||||
| 6 | (Source: P.A. 91-656, eff. 1-1-01.)
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