Current through Register Vol. 48, No. 12, March 22, 2024
a)
An applicant shall provide the following
information, on forms provided by the Department, to be
considered for licensure:
1)
The business name, street address, mailing address, and telephone
number of the establishment;
2)
The name and mailing address of
the owner or owners of the establishment and, if the owner or owners are not
natural persons, identification of the type of business entity of the owners,
and the names and addresses of the officers and members of the governing body,
or comparable persons for partnerships, limited liability companies, or other
types of business organizations;
3)
Financial information establishing
that the project is financially feasible, in one of the following
forms:
A) A surety bond in an amount equal to
at least three months operating expenses;
B) An independent certified public
accountant's report expressing an opinion on the financial status of the
establishment;
C) An audited
financial report certifying the financial status of the applicant;
D) The entity's most recent bond rating (less
than two years old) from Fitch's, Moody's, or Standard and Poor's rating agency
that documents an "A" rating or better;
E) Evidence of operation for at least two
years of a facility licensed under the Nursing Home Care Act, the MC/DD Act,
ID/DD Community Care Act, or the Assisted Living and Shared Housing Act;
or
F) If the applicant is not able
to provide any of the information listed in subsections (a)(3)(A)-(E), the
applicant may provide any other information acceptable to the Department that
demonstrates financial status.
4)
The name and mailing address of
the managing agent of the establishment, whether hired under a management
agreement or lease agreement, if different from the owner or owners, and the
name of the full-time director of the
establishment;
5)
Verification that the establishment has entered or will enter into a
service delivery contract as provided in Section
295.2030, as required
under the Act, with each resident or resident's
representative;
6)
The name and address of at least one natural person who shall be
responsible for dealing with the Department on all matters provided for
in the Act and this Part, on whom personal
service of all notices and orders shall be made, and who shall be authorized to
accept service on behalf of the owner or owners and the managing agent.
Notwithstanding a contrary provision of the Code of Civil Procedure, personal
service on the person identified pursuant to this subsection (a)(6)
shall be considered service on the owner or owners and the managing
agent, and it shall not be a defense to any action that personal service was
not made on each individual or entity;
7)
The signature of the authorized
representative of the owner or owners;
8)
Proof of an ongoing quality
improvement program in accordance with Section
295.2060;
9)
Information about the number and
types of units and the maximum census;
10)
Information about the
mandatory and optional services to be provided at the
establishment;
11)
Proof of compliance with applicable State and local residential
standards, as evidenced by completion of the Department's Code
Certification of Compliance form;
12)
A copy of the standard contract
offered to residents;
13)
Documentation of adequate liability insurance; (Section 30 of
the Act)
14) A completed
Alzheimer's Disease and Related Dementias Special Care Disclosure form;
and
15) A schematic drawing of the
establishment.
b) The
application shall indicate a request for either standard licensure or floating
licensure. An application for a floating license shall comply with Section 32
of the Act and Section
295.1110.
c) If all units are not licensed, the
establishment shall maintain documentation of which units are providing
assisted living services. This number shall not exceed the number of units on
the license. The entire building having any licensed units shall meet the
physical plant requirements of this Part.
d) If the establishment does not have a
permit under the Life Care Facilities Act and the establishment requires
entrance or application fees in excess of three months of a resident's minimum
fees, the establishment shall maintain a bond or restricted account that
guarantees the return of the resident's entrance fees or the unused portion of
his or her deposit if the establishment ceases to operate.
e) To support regulatory activities necessary
to implement the Act, applications shall be accompanied by a nonrefundable fee
of:
1) $2,000 for an assisted living
establishment and $20 per licensed unit; or
2) $1,000 for a shared housing
establishment.
f) If any
of the information in the application changes during the application process,
the applicant shall notify the Department, in writing, of those changes. The
written notification will become a part of the licensee's file.