Bill Text: IL HB5223 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Assisted Living and Shared Housing Act. Provides that the Department of Public Health shall require each assisted living or shared housing establishment in the State, as a condition of establishment licensure, 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 establishment residents. Contains specified requirements for the social isolation prevention policies. Provides that the social isolation prevention policies shall not be interpreted as a substitute for in person visitation, but shall be wholly in addition to the existing in person visitation policies. Provides that an assisted living or shared housing establishment may apply to the Department for civil monetary penalty fund grants, and may request other available federal and State funds. Provides that whenever the Department conducts an inspection of an assisted living or shared housing establishment, the Department shall determine whether the establishment is in compliance with the provisions and the policies, protocols, and procedures adopted pursuant to the provisions. Provides that an establishment that fails to comply with the provisions or properly implement the policies, protocols, and procedures required shall be liable to pay an administrative penalty as a Type 3 violation on and after January 1, 2023. Contains other provisions. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB5223 Detail]

Download: Illinois-2021-HB5223-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5223 Introduced , by Rep. Suzanne Ness SYNOPSIS AS INTRODUCED:
210 ILCS 9/96 new
Amends the Assisted Living and Shared Housing Act. Provides that the Department of Public Health shall require each assisted living or shared housing establishment in the State, as a condition of establishment licensure, 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 establishment residents. Contains specified requirements for the social isolation prevention policies. Provides that the social isolation prevention policies shall not be interpreted as a substitute for in person visitation, but shall be wholly in addition to the existing in person visitation policies. Provides that an assisted living or shared housing establishment may apply to the Department for civil monetary penalty fund grants, and may request other available federal and State funds. Provides that whenever the Department conducts an inspection of an assisted living or shared housing establishment, the Department shall determine whether the establishment is in compliance with the provisions and the policies, protocols, and procedures adopted pursuant to the provisions. Provides that an establishment that fails to comply with the provisions or properly implement the policies, protocols, and procedures required shall be liable to pay an administrative penalty as a Type 3 violation on and after January 1, 2023. Contains other provisions. Effective immediately.
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A BILL FOR
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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 adding Section 96 as follows:
(210 ILCS 9/96 new)
Sec. 96. Religious and recreational activities; social
isolation.
(a) In this Section:
"Assistive and supportive technology and devices" means
computers, video conferencing equipment, distance based
communication technology, or other technological equipment,
accessories, or electronic licenses as may be necessary to
ensure that residents are able to engage in face-to-face,
verbal-based, or auditory-based contact, communication,
religious activity, or recreational activity with other
assisted living or shared housing establishment residents and
with family members, friends, loved ones, caregivers, and
other external support systems, through electronic means, in
accordance with the provisions of paragraphs (2) and (3) of
subsection (c).
"Religious and recreational activities" includes any
religious, social, or recreational activity that is consistent

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with a resident's preferences and choosing, regardless of
whether the activity is coordinated, offered, provided, or
sponsored by establishment staff or by an outside activities
provider.
"Resident's representative" has the same meaning as
provided in Section 10.
"Social isolation" means a state of isolation wherein a
resident of an assisted living or shared housing establishment
is unable to engage in social interactions and religious and
recreational activities with other establishment residents or
with family members, friends, loved ones, caregivers and
external support systems.
"Virtual visitation" means the use of face-to-face,
verbal-based, or auditory-based contact through electronic
means.
(b) The Department shall:
(1) require each assisted living or shared housing
establishment in the State to adopt and implement written
policies, provide for the availability of assistive and
supportive technology and devices to establishment
residents, and ensure that appropriate staff are in place
to help prevent the social isolation of establishment
residents; and
(2) communicate regularly with the Department of
Healthcare and Family Services and the Department on Aging
regarding intergovernmental cooperation concerning best

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practices for potential funding for facilities to mitigate
the potential for racial disparities as an unintended
consequence of this Act.
The virtual visitation policies shall not be interpreted
as a substitute for in-person visitation, but shall be wholly
in addition to existing in-person visitation policies.
(c) The social isolation prevention policies adopted by
each assisted living or shared housing establishment pursuant
to subsection (b) shall be consistent with rights and
privileges guaranteed to residents and shall include the
following:
(1) authorization and inclusion of specific protocols
and procedures to encourage and enable residents of the
establishment to engage in in-person contact,
communication, religious activity, and recreational
activity with other establishment residents and with
family members, friends, loved ones, caregivers, and other
external support systems, except when prohibited,
restricted, or limited by federal or State statute, rule,
regulation, executive order, or guidance;
(2) authorization and inclusion of specific protocols
and procedures to encourage and enable residents to engage
in face-to-face, verbal-based, or auditory-based contact,
communication, religious activity, and recreational
activity with other establishment residents and with
family members, friends, loved ones, caregivers, and other

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external support systems through the use of electronic or
virtual means and methods, including, but not limited to,
computer technology, the Internet, social media,
videoconferencing, videophone, and other innovative
technological means or methods, whenever the resident is
subject to restrictions that limit his or her ability to
engage in in-person contact, communication, religious
activity, or recreational activity as authorized by
paragraph (1) and when the technology requested is not
being used by other residents in the event of a limited
number of items of technology in an establishment;
(3) a mechanism for residents of the establishment or
the residents' representatives to request access to
assistive and supportive technology and devices as may be
necessary to facilitate the residents' engagement in
face-to-face, verbal-based, or auditory-based contact,
communication, religious activity, and recreational
activity with other residents, family members, friends,
and other external support systems, through electronic
means, as provided under paragraph (2);
(4) specific administrative policies, procedures, and
protocols governing:
(A) the acquisition, maintenance, and replacement
of assistive and supportive technology and devices;
(B) the use of environmental barriers and other
controls when the assistive and supportive technology

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and devices acquired pursuant to subparagraph (A) are
in use, especially in cases where the assistive and
supportive technology and devices are likely to become
contaminated with bodily substances, are touched
frequently, or are difficult to clean; and
(C) the regular cleaning of the assistive and
supportive technology and devices acquired pursuant to
subparagraph (A) and any environmental barriers or
other physical controls used in association therewith;
(5) a requirement that (i) upon admission and (ii) at
the request of a resident or the resident's
representative, appropriate staff shall develop and update
an individualized virtual visitation schedule while taking
into account the individual's requests and preferences
with respect to the residents' participation in social
interactions and religious and recreational activities;
(6) a requirement that appropriate staff, upon the
request of a resident or the resident's family members,
guardian, or representative, shall develop an
individualized virtual visitation schedule for the
resident, which shall:
(A) address the need for a virtual visitation
schedule and establish a virtual visitation schedule
if deemed to be appropriate;
(B) identify the assessed needs and preferences of
the resident and any preferences specified by the

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resident's representative, unless a preference
specified by the resident conflicts with a preference
specified by the resident's representative, in which
case the resident's preference shall take priority;
(C) document the assisted living or shared housing
establishment's defined virtual hours of visitation
and inform the resident and the resident's
representative that virtual visitation pursuant to
paragraph (2) of subsection (c) will adhere to the
defined visitation hours;
(D) describe the location within the establishment
and assistive and supportive technology and devices to
be used in virtual visitation; and
(E) describe the respective responsibilities of
staff, visitors, and the resident when engaging in
virtual visitation pursuant to the individualized
visitation plan;
(7) a requirement (i) upon admission and (ii) at the
request of the resident or the resident's representative,
to provide notification to the resident and the resident's
representative that they have the right to request of
establishment staff the creation and review of a
resident's individualized virtual visitation schedule;
(8) a requirement (i) upon admission and (ii) at the
request of the resident or resident's representative, to
provide, in writing to the resident or resident's

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representative, virtual visitation hours, how to schedule
a virtual visitation, and how to request assistive and
supportive technology and devices;
(9) specific policies, protocols, and procedures
governing a resident's requisition, use, and return of
assistive and supportive technology and devices maintained
pursuant to subparagraph (A) of paragraph (4), and require
appropriate staff to communicate those policies,
protocols, and procedures to residents; and
(10) the designation of at least one member of the
therapeutic recreation or activities department, or, if
the establishment does not have such a department, the
designation of at least one senior staff member, as
determined by establishment management, to train other
appropriate establishment employees, including, but not
limited to, activities professionals and volunteers,
social workers, occupational therapists, and therapy
assistants, to provide direct assistance to residents upon
request and on an as-needed basis, as necessary to ensure
that each resident is able to successfully access and use,
for the purposes specified in paragraphs (2) and (3) of
this subsection, the assistive and supportive technology
and devices acquired pursuant to subparagraph (A) of
paragraph (4).
(d) An assisted living or shared housing establishment may
apply to the Department for civil monetary penalty fund grants

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for assistive and supportive technology and devices and may
request other available federal and State funds.
(e) The Department shall determine whether an assisted
living or shared housing establishment is in compliance with
the provisions of this Section and the policies, protocols,
and procedures adopted pursuant to this Section in accordance
with this Act for surveys and inspections.
In addition to any other applicable penalties provided by
law, an assisted living or shared housing establishment that
fails to comply with the provisions of this Section or
properly implement the policies, protocols, and procedures
adopted pursuant to subsection (b) shall be liable to pay an
administrative penalty as a Type 3 violation, the amount of
which shall be determined in accordance with a schedule
established by the Department by rule. The schedule shall
provide for an enhanced administrative penalty in the case of
a repeat or ongoing violation. Implementation of an
administrative penalty as a Type 3 violation under this
subsection shall not be imposed prior to January 1, 2023.
(f) Whenever a complaint received by the Office of State
Long Term Care Ombudsman discloses evidence that an assisted
living or shared housing establishment has failed to comply
with the provisions of this Section or to properly implement
the policies, protocols, and procedures adopted pursuant to
subsection (b), the Office of State Long Term Care Ombudsman
shall refer the matter to the Department.

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(g) This Section does not impact, limit, or constrict a
resident's right to or usage of his or her personal property
under Section 95.
(h) Specific protocols and procedures shall be developed
to ensure that the quantity of assistive and supportive
technology and devices maintained on-site at the establishment
remains sufficient, at all times, to meet the assessed social
and activity needs and preferences of each establishment
resident. Residents' family members or caregivers should be
considered, as appropriate, in the assessment and
reassessment.
(i) Within 60 days after the effective date of this
amendatory Act of the 102nd General Assembly, the Department
shall file rules necessary to implement the provisions of this
Section. The rules shall include, but need not be limited to,
minimum standards for the social isolation prevention policies
to be adopted pursuant to subsection (b), a penalty schedule
to be used pursuant to subsection (e), and policies regarding
an assisted living or shared housing establishment's Internet
access and subsequent Internet barriers in relation to a
resident's virtual visitation plan pursuant to paragraph (2)
of subsection (c).
(j) The Department's rules under subsection (i) shall take
into account Internet bandwidth limitations outside of the
control of an assisted living or shared housing establishment.
(k) Nothing in this Section shall be interpreted to mean

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that addressing the issues of social isolation shall take
precedence over providing for the health and safety of the
residents.
Section 99. Effective date. This Act takes effect upon
becoming law.