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295.2030 – Establishment Contracts

Each assisted living provider is required to have a contract in place between the provider and the resident according to Title 77 part 295.2030. These contracts have specific requirements that must be included in order to be compliant. It is imperative that the contracts be entitled “assisted living establishment contract” and must be no less than 12-point font when typed and must include at least the following elements in the body of the contract, through supporting documents, or attachments:

  • The name, street address, and mailing address of the provider.
  • The name and mailing address of the owner(s) of the assisted living including whether the owner(s) are natural persons or the type of business of the entity or owner(s).
  • If there is a managing agent that is different from the owner(s), the name and mailing address of the managing agent whether they are hired under a management agreement or lease agreement.
  • The name and address of at least one natural person who is authorized to accept service on behalf of the owners and managing agent.
  • A statement describing the assisted living or shared housing establishment license status and the license status of all providers of health-related or supportive services to a resident under arrangement with the provider.
  • The duration of the contract.
  • Base rate to be paid by the resident and what services are included in this rate.
  • Additional services for an additional fee that can be provided by the establishment directly or by a third party under arrangement.
  • The fee schedule for any additional services.
  • Description of how the contract can be modified, amended, or terminated.
  • Description of the complaint resolution process available to residents and the notice of availability of the Department on Aging’s Senior Helpline and the Long-Term Care Ombudsman Program for assistance with complaint resolution.
  • Name of the resident’s representative (if applicable)
  • The resident’s obligations to maintain residency and receive services including compliance with all required assessments.
  • The billing and payment procedures and requirements.
  • A statement affirming the resident’s freedom of choice related to service providers, including those without contractual arrangement with the provider and it may also disclaim liability on the part of the establishment for those services.
  • A statement that medical assistance under Article V or VI of the Illinois Public Aid Code is not available for services provided in assisted living.
  • A statement detailing admission and residency termination criteria and procedures.
  • A statement on the risk management process.  
  • A statement listing the resident’s rights and acknowledgment that the resident doesn’t forfeit those rights.
  • A statement provided by the Department detailing the Department’s annual on-site review process, including what documents may be reviewed during the on-site survey.
  • Terms of occupancy, including resident responsibilities and obligations.
  • The amount and purpose of any fee, charge, and deposit including those days a resident is absent.
  • The policy for refunding fees, charges, or deposits.
  • The provider’s responsibility to provide at least 30 days written notice before changing fees or charges except if the increase in fee is due to a change in service needs as documented in the resident’s service plan.
  • The policy concerning notification of a relative or other individual in an emergency, significant change in condition, or termination of residency.

A copy of the contract shall be given to the resident or their representative and maintained on the premises throughout the person’s residency. The contracts may be automatically renewed from year to year and any modifications must be made in writing and signed by both parties. The contract may also be terminated immediately at any time upon agreement of both parties.

You can use this article to review your assisted living contracts and ensure that they have all required elements outlined which are required by the assisted living act.