Current through Register Vol. 48, No. 12, March 22, 2024
a) A
contract between an establishment and a resident must be entitled "assisted
living establishment contract" or "shared housing establishment contract" as
applicable, shall be printed in no less than 12 point type, and shall include
at least the following elements in the body or through supporting documents or
attachments:
1) The name, street address, and
mailing address 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, the type of business entity of the owner or owners;
3) The name and mailing address of the
managing agent of the establishment, whether hired under a management agreement
or lease agreement, if the managing agent is different from the owner or
owners;
4) The name and address of
at least one natural person who is authorized to accept service on behalf of
the owners and managing agent;
5) A
statement describing the assisted living or shared housing establishment
license status of the establishment and the license status of all providers of
health-related or supportive services to a resident under arrangement with the
establishment;
6) The duration of
the contract;
7) The base rate to
be paid by the resident and a description of the services to be provided as
part of this rate;
8) A description
of any additional services to be provided for an additional fee by the
establishment directly or by a third party provider under arrangement with the
establishment;
9) The fee schedules
outlining the cost of any additional services;
10) A description of the process through
which the contract may be modified, amended, or terminated;
11) A description of the establishment's
complaint resolution process available to residents and notice of the
availability of the Department on Aging's Senior Helpline and the Long-Term
Care Ombudsman Program for assistance with complaint resolution;
12) The name of the resident's designated
representative, if any;
13) The
resident's obligations in order to maintain residency and receive services,
including compliance with all assessments required under Section 15 of the
Act;
14) The billing and payment
procedures and requirements;
15) A
statement affirming the resident's freedom to receive services from service
providers with whom the establishment does not have a contractual arrangement,
which may also disclaim liability on the part of the establishment for those
services;
16) A statement that
medical assistance under Article V or Article VI of the Illinois Public Aid
Code is not available for payment for services provided in an
establishment;
17) A statement
detailing the admission and residency termination criteria and procedures as
set forth in the Act and this Part;
18) A statement indicating that the
establishment maintains a risk management process;
19) A statement listing the rights specified
in Section 95 of the Act and acknowledgment that, by contracting with the
assisted living or shared housing establishment, the resident does not forfeit
those rights; and
20) A statement
provided by the Department detailing the Department's annual on-site review
process, including what documents contained in the resident's personal file
shall be reviewed by the on-site reviewer. (Section 90 of the Act)
b) The establishment contract
shall also include:
1) Terms of occupancy,
including resident responsibilities and obligations;
2) The amount and purpose of any fee, charge,
and deposit, including any fee or charge for any days a resident is absent from
the establishment;
3) The
establishment's policy for refunding fees, charges, or deposits;
4) The establishment's responsibility to
provide at least 30 days written notice before the effective date of any change
in a fee or charge. A licensee is not required to provide 30 days written
notice of increase to a resident whose service needs change, as documented in
the resident's service plan; and
5)
The establishment's policy concerning notification of a relative or other
individual in an emergency, significant change in the resident's condition, or
termination of residency.
c) A copy of the establishment contract shall
be given to the resident or the resident's representative.
d) An establishment contract that has been
signed shall be maintained on the premises throughout the resident's residency
at the establishment.
e)
Establishment contracts may be automatically renewed from year to year. Any
modifications to the contract shall be made in writing and signed by both
parties.
f) The contract may be
terminated immediately at any time upon agreement of the parties.