77 Ill. Adm. Code 295.2030
Establishment Contracts
Section 295
Section 295.2030Â
Establishment Contracts
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)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â The establishment contract shall also include:
1)Â Â Â Â Â Â Â Â Terms of occupancy, including resident responsibilities and
obligations;
2)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â The establishment's policy for refunding fees, charges, or
deposits;
4)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â A copy of the establishment contract shall be given to the
resident or the resident's representative.
d)Â Â Â Â Â Â Â Â An establishment contract that has been signed shall be
maintained on the premises throughout the resident's residency at the
establishment.
e)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â The contract may be terminated immediately at any time upon
agreement of the parties.