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Bill

SB 3950

ASSISTED LIVING-VARIOUS

104th Regular Session Introduced by Chris Balkema and 1 co-sponsor

SB 3950 tightens resident assessments, service planning, licensure, emergency drills, and penalties for assisted living, expanding training and oversight.

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Bill Summary · SB 3950

Summary of SB 3950 (104th Illinois General Assembly)

Purpose and intent

SB 3950 amends the Assisted Living and Shared Housing Act to strengthen resident assessment, licensure standards, service delivery, emergency preparedness, reporting, and penalties. The bill aims to clarify who may perform assessments, expand staff training, regulate medication-related activities, update residency eligibility criteria, and enhance disaster planning and incident reporting in assisted living establishments.

Key provisions and changes

  • Comprehensive assessment and service planning (Sec. 15)

    • Before admission, a comprehensive assessment of a prospective resident must be completed by a physician, a nurse practitioner, or a physician assistant.
    • An annual comprehensive assessment is required, with reassessment upon significant changes in condition (e.g., Alzheimer’s or dementia). Skin integrity and nutritional status may be assessed more frequently under Department rules.
    • A written service plan must be developed based on the assessment, reflecting the resident’s interests, dislikes, and triggers for behavior, and must be mutually agreed upon by the provider, the resident, and the resident’s representative (if any). The plan is reviewed annually or as needs change.

  • Licensure and director qualifications (Sec. 35)

    • Licensure requires a full-time establishment director at least 21 years old with specified education/experience options, including a high school diploma plus management/healthcare experience, or a college degree in health administration, or completion of an approved program soon after hiring.
    • Directors must participate in at least 20 hours of training every two years.
    • Licenses stay with the premises for a one-year term and are non-transferable.

  • Service requirements and medication handling (Sec. 70)

    • Establishments must provide mandatory services and may offer optional services, including medication reminders, supervision of self-administered meds, and medication administration as defined by the Act.
    • Definitions clarified for medication reminders, supervision of self-administered medication, and administration (insulin, injections, oral/topical meds, etc.). Medication aides may operate under RN supervision as allowed by the Nurse Practice Act.
    • Licensed health care professionals may be employed by entities connected to the establishment only if the resident consents to use those services; otherwise, the resident may choose their own provider.

  • Residency eligibility and termination (Sec. 75)

    • Specifies criteria for resident eligibility and termination, including limits on needing extensive assistance or certain medical therapies (e.g., IV therapy, gastrostomy feeding, sterile wound care, catheter care) unless appropriately self-administered or provided by licensed professionals.
    • Provisions for terminating residency when services no longer meet resident needs; exceptions for hospice coordination and certain safety accommodations; special rules for quadriplegic/paraplegic or certain chronic conditions.

  • Emergency plan and disaster preparedness (Sec. 91)

    • Establishments must have a written disaster plan addressing protection, evacuation or relocation, power outages, temperature and heat concerns, and flooding contingencies.
    • Requires at least six drills per year, including at least two overnight (night-time) drills. Drills must involve residents (except memory care units at night) and test evacuation capabilities and staff readiness.

  • Incident/accident reporting (Sec. 92)

    • Incidents resulting in significant harm or need for outside emergency medical treatment must be reported to the Department within 24 hours or by the next business day.
    • Defines “nonemergency lift” and permits staff to assist with such lifts.

  • Civil penalties (Sec. 135)

    • Allows the Department to impose civil penalties up to $5,000 per violation, with daily penalties for continuing violations.
    • After rule adoption, penalties for caring for residents beyond defined care needs can reach up to $3,000 per day.
    • Repeated technical infractions in a calendar year may trigger a Type 3 violation.

Who and what is affected

  • Establishments covered by the Assisted Living and Shared Housing Act will experience changes to admissions, licensing, service delivery, and penalties.
  • Resident population will see enhanced assessment, care planning, and emergency protection measures.
  • Directors and staff face new education, training, and drill requirements, and medication administration/ supervision roles may shift under clarified rules.
  • Department of Public Health will oversee reporting, licensing standards, and enforcement with updated timelines and penalties.

Timeline and procedural notes

  • The bill outlines new requirements effective upon enactment and rulemaking by the Department (e.g., medication procedures and emergency drill specifics will be further defined by Department rules).
  • Civil penalties become more active after rule adoption, with defined cap amounts and daily penalties for ongoing violations.

Compiled from official sources — confirm details with the bill’s official record.

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