RALNA Illinois Legislative Update February 6, 2022

ILLINOIS

There is a notable amount of activity going on in Illinois during this legislative session that may relate to RALs. Members can track the status of this and other legislation and regulations by going to RALNA’s dedicated tracking sheets linked at the bottom of the page. The following bills are included on the legislative tracking sheet, which also contains links to access the bills themselves so members can read the full text.

HB 4465 – Related Entity Ownership

Under this proposed bill, facilities that receive Medicaid and Medicare would be prohibited from: (1) being owned by and leased or rented to related business entities; and (2) employing a service provider that is a related business entity of the owner of the facility or establishment.

“Related business entities” means:

1) the entities have (i) significant common purposes and substantial common membership or (ii) directly or indirectly substantial common direction or control; or

(2) either entity owns, directly or through one or more entities, a 50% or greater interest in the capital or profits of the other.

HB 4465 has just been referred to the House Human Services Committee.

HB 5317 – Lift Assists

Allows municipalities to charge assisted living facilities for lift-assists and to require that the facilities indemnify the municipality for all injuries suffered at the facility by municipal personnel in the response to a lift-assist call.

This bill is sponsored by IL Rep. Frances Hurley, the Chair of the House Police & Fire Committee. This represents a small trend we’ve seen elsewhere in which local fire departments are trying to shirk their duty to provide services to people with disabilities who live in assisted living.

Members wanting to weigh in on this bill can contact their House representative or:

Frances Hurley
[email protected]
(217) 782-8200

HB 5223 – Preventing Social Isolation

Amends the Assisted Living and Shared Housing Act to require each assisted living or shared
housing establishment to adopt and implement written policies, provide for the availability of technology to establishment residents, and ensure that appropriate staff and other capabilities are in place to prevent the social isolation of residents.

Also makes grants available to help facilities comply. Those who are found on survey to not comply will be subject to a Type 3 violation.

Sponsor:

Suzanne Ness
[email protected]
(217) 782-0432

HB 5407 – Amends the Furniture Fire Safety Act

In public areas of assisted living facilities containing more than 10 pieces of furnishings, the furnishings must meet certain flammability standards.

HB 5541 – Long-Term Care Facility COVID-19 Mitigation Act

Requires long-term care facilities to conduct universal testing of residents and staff for COVID (is not time-limited); if staff contract COVID, they will be entitled to15 days of paid sick leave; facilities must pay their staff hazard pay.

Sponsor:

Camille Lilly
[email protected]
(217) 782-6400

H.B.5390 – Tenant Protection Act

Would impose rent control and other tenant protections. “Non-profit homes for the aged” are excluded from Illinois’ landlord-tenant act and, therefore, from these amendments. However, it is not clear whether a for-profit assisted living home or facility would be similarly excluded. We suggest contacting the sponsor, your representative, or local counsel to learn more about applicability.

Sponsor:

Edgar Gonzalez
[email protected]
(217) 782-7752

S.B.3490 – Amends the Illinois Act on the Aging

This bill creates the Illinois Commission on LGBTQ Aging to investigate, analyze, and study the health, housing, financial, psychosocial, home-and-community-based services, assisted living, and long-term care needs of LGBTQ older adults and their caregivers.

To track these and other bills and regulations, go to RALNA’s real-time tracking boards:

2022 Legislative Tracking Board
2022 Regulatory Tracking Board

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