HB 3392

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Full Text of HB3392
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	HB3392 - 104th General Assembly
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		HB3392 Enrolled		LRB104 10477 BAB 20552 b
1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Assisted Living and Shared Housing Act is
5amended by changing Sections 15, 35, 70, 135, and 150 as
6follows:
7    (210 ILCS 9/15)
8    Sec. 15. Assessment and service plan requirements. Prior
9to admission to any establishment covered by this Act, a
10comprehensive assessment that includes an evaluation of the
11prospective resident's physical, cognitive, and psychosocial
12condition shall be completed by a physician, a physician 
13assistant, or an advanced practice registered nurse. At least
14annually, a comprehensive assessment shall be completed, and
15upon identification of a significant change in the resident's
16condition, including, but not limited to, a diagnosis of
17Alzheimer's disease or a related dementia, the resident shall
18be reassessed. The Department may by rule specify
19circumstances under which more frequent assessments of skin
20integrity and nutritional status shall be required. The
21comprehensive assessment shall be completed by a physician, a 
22physician assistant, or an advanced practice registered nurse.
23Based on the assessment, the resident's interests and
		HB3392 Enrolled	- 2 -	LRB104 10477 BAB 20552 b
1preferences, dislikes, and any known triggers for behavior
2that endangers the resident or others, a written service plan
3shall be developed and mutually agreed upon by the provider,
4the resident, and the resident's representative, if any. The
5service plan, which shall be reviewed annually, or more often
6as the resident's condition, preferences, or service needs
7change, shall serve as a basis for the service delivery
8contract between the provider and the resident. The resident
9and the resident's representative, if any, shall, upon
10request, be given a copy of the most recent assessment; a
11supplemental assessment, if any, completed by the
12establishment; and a service plan. Based on the assessment,
13the service plan may provide for the disconnection or removal
14of any appliance.
15(Source: P.A. 104-191, eff. 1-1-26.)
16    (210 ILCS 9/35)
17    Sec. 35. Issuance of license.
18    (a) Upon receipt and review of an application for a
19license and review of the applicant establishment, the
20Director may issue a license if he or she finds:
21        (1) that the individual applicant, or the corporation,
22    partnership, or other entity if the applicant is not an
23    individual, is a person responsible and suitable to
24    operate or to direct or participate in the operation of an
25    establishment by virtue of financial capacity, appropriate
		HB3392 Enrolled	- 3 -	LRB104 10477 BAB 20552 b
1    business or professional experience, a record of lawful
2    compliance with lawful orders of the Department and lack
3    of revocation of a license issued under this Act, the
4    Nursing Home Care Act, the Specialized Mental Health
5    Rehabilitation Act of 2013, the ID/DD Community Care Act,
6    or the MC/DD Act during the previous 5 years;
7        (2) that the establishment is under the supervision of
8    a full-time director who is at least 21 years of age and
9    has a high school diploma or equivalent plus either:
10            (A) 2 years of management experience or 2 years of
11        experience in positions of progressive responsibility
12        in health care, housing with services, or adult day
13        care or providing similar services to the elderly; [or]
14            (B) 2 years of management experience or 2 years of
15        experience in positions of progressive responsibility
16        in hospitality and training in health care and housing
17        with services management as defined by rule; or
18            (C) a college degree in health administration or 
19        the completion of an approved program within 6 months 
20        after hiring;
21        (3) that the establishment has staff sufficient in
22    number with qualifications, adequate skills, education,
23    and experience to meet the 24 hour scheduled and
24    unscheduled needs of residents and who participate in
25    ongoing training to serve the resident population;
26        (4) that all employees who are subject to the Health
		HB3392 Enrolled	- 4 -	LRB104 10477 BAB 20552 b
1    Care Worker Background Check Act meet the requirements of
2    that Act;
3        (5) that the applicant is in substantial compliance
4    with this Act and such other requirements for a license as
5    the Department by rule may establish under this Act;
6        (6) that the applicant pays all required fees;
7        (7) that the applicant has provided to the Department
8    an accurate disclosure document in accordance with the
9    Alzheimer's Disease and Related Dementias Special Care
10    Disclosure Act and in substantial compliance with Section
11    150 of this Act.
12    In addition to any other requirements set forth in this
13Act, as a condition of licensure under this Act, the director
14of an establishment must participate in at least 20 hours of
15training every 2 years to assist him or her in better meeting
16the needs of the residents of the establishment and managing
17the operation of the establishment.
18    Any license issued by the Director shall state the
19physical location of the establishment, the date the license
20was issued, and the expiration date. All licenses shall be
21valid for one year, except as provided in Sections 40 and 45.
22Each license shall be issued only for the premises and persons
23named in the application, and shall not be transferable or
24assignable.
25(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
		HB3392 Enrolled	- 5 -	LRB104 10477 BAB 20552 b
1    (210 ILCS 9/70)
2    Sec. 70. Service requirements. An establishment must
3provide all mandatory services and may provide optional
4services, including medication reminders, supervision of
5self-administered medication and medication administration as
6defined by this Section and nonmedical services defined by
7rule, whether provided directly by the establishment or by
8another entity arranged for by the establishment with the
9consent of the resident or the resident's representative.
10    For the purposes of this Section, "medication reminders"
11means reminding residents to take pre-dispensed,
12self-administered medication, observing the resident, and
13documenting whether or not the resident took the medication.
14    For the purposes of this Section, "supervision of
15self-administered medication" means assisting the resident
16with self-administered medication using any combination of the
17following: reminding residents to take medication, reading the
18medication label to residents, checking the self-administered
19medication dosage against the label of the medication,
20confirming that residents have obtained and are taking the
21dosage as prescribed, and documenting in writing that the
22resident has taken (or refused to take) the medication. If
23residents are physically unable to open the container, the
24container may be opened for them. Supervision of
25self-administered medication shall be under the direction of a
26licensed health care professional or, in the case of a
		HB3392 Enrolled	- 6 -	LRB104 10477 BAB 20552 b
1certified medication aide, under the supervision and
2delegation of a registered nurse as authorized by Section
350-75 of the Nurse Practice Act.
4    For the purposes of this Section, "medication
5administration" refers to a licensed health care professional
6employed by an establishment engaging in administering insulin
7and vitamin B12 [B-12] injections, oral medications, topical
8treatments, eye and ear drops, [or] nitroglycerin patches, or 
9intramuscular injections. A certified medication aide may
10administer medications under the supervision and delegation of
11a registered nurse as authorized by Section 50-75 of the Nurse
12Practice Act, except (i) Schedule II controlled substances as
13set forth in the Illinois Controlled Substances Act and (ii)
14any subcutaneous, intramuscular, intradermal, or intravenous
15medication.
16    The Department shall specify by rule procedures for
17medication reminders, supervision of self-administered
18medication, and medication administration.
19    Nothing in this Act shall preclude a physician licensed
20under the Medical Practice Act of 1987 from providing services
21within the scope of his or her license to any resident.
22(Source: P.A. 103-886, eff. 8-9-24.)
23    (210 ILCS 9/135)
24    Sec. 135. Civil penalties.
25    (a) The Department may assess a civil penalty not to
		HB3392 Enrolled	- 7 -	LRB104 10477 BAB 20552 b
1exceed $5,000 against any establishment subject to this Act
2for violations of this Act. Each day a violation continues
3shall be deemed a separate violation.
4    (b) Beginning 180 days after the adoption of rules under
5this Act, the Department may assess a civil penalty not to
6exceed $3,000 against any establishment subject to this Act
7for caring for a resident who exceeds the care needs defined in
8this Act. Each day a violation continues shall be deemed a
9separate violation.
10    (c) The Department is authorized to hold hearings in
11contested cases regarding appeals of the penalties assessed
12pursuant to this Section.
13    (d) Repeated technical infractions within a calendar year 
14may result in a Type 3 violation.
15(Source: P.A. 91-656, eff. 1-1-01.)
16    (210 ILCS 9/150)
17    Sec. 150. Alzheimer and dementia programs.
18    (a) In addition to this Section, Alzheimer and dementia
19programs shall comply with all of the other provisions of this
20Act.
21    (b) No person shall be admitted or retained if the
22assisted living or shared housing establishment cannot provide
23or secure appropriate care, if the resident requires a level
24of service or type of service for which the establishment is
25not licensed or which the establishment does not provide, or
		HB3392 Enrolled	- 8 -	LRB104 10477 BAB 20552 b
1if the establishment does not have the staff appropriate in
2numbers and with appropriate skill to provide such services.
3    (c) No person shall be accepted for residency or remain in
4residence if the person's mental or physical condition has so
5deteriorated to render residency in such a program to be
6detrimental to the health, welfare or safety of the person or
7of other residents of the establishment. The Department by
8rule shall identify a validated dementia-specific standard
9with inter-rater reliability that will be used to assess
10individual residents. The assessment must be approved by the
11resident's physician, physician assistant who has experience 
12in geriatric dementia care, or advanced practice registered 
13nurse who has experience in geriatric dementia care and shall
14occur prior to acceptance for residency, annually, and at such
15time that a change in the resident's condition is identified
16by a family member, staff of the establishment, or the
17resident's physician, physician assistant, or advanced 
18practice registered nurse. Assessments completed annually or 
19due to a change in the resident's condition must be signed by a 
20physician.
21    (d) No person shall be accepted for residency or remain in
22residence if the person is dangerous to self or others and the
23establishment would be unable to eliminate the danger through
24the use of appropriate treatment modalities.
25    (e) No person shall be accepted for residency or remain in
26residence if the person meets the criteria provided in
		HB3392 Enrolled	- 9 -	LRB104 10477 BAB 20552 b
1subsections (b) through (g) of Section 75 of this Act.
2    (f) An establishment that offers to provide a special
3program or unit for persons with Alzheimer's disease and
4related disorders shall:
5        (1) disclose to the Department and to a potential or
6    actual resident of the establishment information as
7    specified under the Alzheimer's Disease and Related
8    Dementias Special Care Disclosure Act;
9        (2) ensure that a resident's representative is
10    designated for the resident;
11        (3) develop and implement policies and procedures that
12    ensure the continued safety of all residents in the
13    establishment, including, but not limited to, those who:
14            (A) may wander; and
15            (B) may need supervision and assistance when
16        evacuating the building in an emergency;
17        (4) provide coordination of communications with each
18    resident, resident's representative, relatives and other
19    persons identified in the resident's service plan;
20        (5) provide cognitive stimulation and activities to
21    maximize functioning;
22        (6) provide an appropriate number of staff for its
23    resident population, as established by rule;
24        (7) require the director or administrator and direct
25    care staff to complete sufficient comprehensive and
26    ongoing dementia and cognitive deficit training, the
		HB3392 Enrolled	- 10 -	LRB104 10477 BAB 20552 b
1    content of which shall be established by rule; and
2        (8) develop emergency procedures and staffing patterns
3    to respond to the needs of residents.
4    (g) Individual residents shall be assessed prior to
5admission using assessment tools that are approved or
6recommended by recognized Alzheimer's and dementia care
7experts, ensuring that the tools are validated for accurately
8identifying and evaluating cognitive impairments related to
9Alzheimer's disease and other forms of dementia. These tools
10shall be reviewed and updated as needed to align with current
11best practices and clinical standards in dementia care.
12(Source: P.A. 104-295, eff. 1-1-26.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.