Ill. Admin. Code tit. 77 § 295.500

Current through Register Vol. 48, No. 42, October 18, 2024

Section 295.500 - Application for License

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 Section295.2030, 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.

Ill. Admin. Code tit. 77, § 295.500

Amended at 36 Ill. Reg. 13632, effective August 16, 2012

Amended at 39 Ill. Reg. 11484, effective 7/31/2015

Amended at 47 Ill. Reg. 13264, effective 8/30/2023