§ 90 — Contents of service delivery contract

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 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 for complaints; (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; (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, excluding contracts executed with residents residing in licensed establishments participating in the Department on Aging's Comprehensive Care in Residential Settings Demonstration Project; (17) a statement detailing the admission, risk management, and residency termination criteria and procedures; (18) a written explanation, prepared by the Office of State Long Term Care Ombudsman, listing the rights specified in Sections 80 and 95, including an acknowledgment by the establishment that, by contracting with the assisted living or shared housing establishment, the resident does not forfeit those rights; (19) a statement detailing the Department's annual on-site review process including what documents contained in a resident's personal file shall be reviewed by the on-site reviewer as defined by rule; and (20) a statement outlining whether the establishment charges a community fee and, if so, the amount of the fee and whether it is refundable; if the fee is refundable, the contract must describe the conditions under which it is refundable and how the amount of the refund is determined.

Legislative History

(Source: P.A. 104-191, eff. 1-1-26 .)