ELDER CARE: THE NEW ASSISTED LIVING AND SHARED HOUSING ACT
Effective January 1, 2001, Illinois will follow the new Assisted Living and Shared Housing Act (Public Act No. 91-656). The new law represents Illinois's first attempt to statutorily define, license and regulate the assisted living industry.
An assisted living establishment, as provided in the law, is a residence or home or building containing sleeping arrangements, housing at least three or more unrelated persons, at least 80% of whom are over the age of 55. The Act describes services, level of care and physical environment that further defines the assisted living establishment.
The law requires assisted living facilities to include a "home like" physical environment. This is not required of "shared housing" facilities, which will be physically structured on a different model. Services such as meal, housekeeping and laundry, and a service delivery system that is consistent with the premise that the resident's unit is his or her home are required. Both types of facilities will be regulated, inspected and licensed by the Illinois Department of Public Health.
There are certain exclusions from the statutory definition of assisted living or shared housing establishment. Federal or state institutions, hospitals, licensed nursing homes, sanitariums, medical facilities, community living facilities and life care facilities, among others, are excluded from the Act's provisions. Notwithstanding, the statute does allow for separate parts of other types of facilities, such as nursing homes, to be considered "assisted living" or "shared housing" facilities, leaving open the door for licensing, inspection and regulation of certain portions of those types of facilities.
Under the new Illinois law, the Assisted Living and Shared Housing Quality of Life Advisory Board is established in the Department of Aging. The Board will monitor facilities, quality of life and reports from the assisted living facilities ombudsman. The Department of Aging will also have the opportunity to comment on proposed rules and regulations that are set forth by the Department of Public Health for assisted living and shared housing facilities.
Elder care lawyers and our aging community will carefully watch the new Assisted Living and Shared Housing Act.
If you have any questions regarding the Act or would like a copy of the Act, please call on us to assist you.
Marc D. Sherman, marc@mshermanlawoffice.com
This article is intended to highlight areas of interest for our clients and others. It is not intended to be legal advice and it is not a substitute for advice and consultation with your lawyer.