(210 ILCS 100/1) (from Ch. 111 1/2, par. 549.1)Sec. 1. 
		This Act shall be known and may be cited as the Youth Camp Act. 
		(Source: P.A. 78-715.) (210 ILCS 100/2) (from Ch. 111 1/2, par. 549.2)Sec. 2. 
		
		
		It is found that there exists, and may in the future exist, within the
State of Illinois youth camps which are substandard in one or more
important features of safety, cleanliness or sanitation. Such conditions
adversely affect the public health, safety and general welfare of persons.Therefore, the purpose of this Act is to protect, promote and preserve
the public health, safety and general welfare by providing for the
establishment and enforcement of minimum standards for safety, cleanliness
and general sanitation for all youth camps now in existence or hereafter
constructed or developed and to provide for inspection and licensing of all
such facilities.
		(Source: P.A. 78-715.) (210 ILCS 100/3) (from Ch. 111 1/2, par. 549.3)Sec. 3. 
		
		
		As used in this Act, unless the context otherwise requires, the terms
specified in Sections 3.01 through 3.09 have the meanings ascribed to them
in those Sections.
		(Source: P.A. 78-715.) (210 ILCS 100/3.01) (from Ch. 111 1/2, par. 549.3-01)Sec. 3.01. 
		
		
		"Youth Camp" means any parcel of land having the general characteristics
and features of a camp as the term is generally understood, used wholly or
in part for recreational or instructional purposes and accommodating, for
profit or under philanthropic or charitable auspices, 5 or more children
under 18 years of age, apart from their parents, relatives or legal
guardians for a period of 3 or more consecutive days or 5 days during the
calendar year or more. This site may be equipped with temporary or
permanent buildings and may be operated as a day camp or as a resident
camp.
		(Source: P.A. 78-715.) (210 ILCS 100/3.02) (from Ch. 111 1/2, par. 549.3-02)Sec. 3.02. 
		
		
		"Person" means any individual, group of individuals, association,
partnership or corporation.
		(Source: P.A. 78-715.) (210 ILCS 100/3.03) (from Ch. 111 1/2, par. 549.3-03)Sec. 3.03. 
		
		
		"Department" means the State Department of Public Health.
		(Source: P.A. 78-715.) (210 ILCS 100/3.04) (from Ch. 111 1/2, par. 549.3-04)Sec. 3.04. 
		
		
		"Day" means any portion of the 24-hour period designated by a calendar
date.
		(Source: P.A. 78-715.) (210 ILCS 100/3.05) (from Ch. 111 1/2, par. 549.3-05)Sec. 3.05. 
		
		
		"Applicant" means any person making application for a permit or license.
		(Source: P.A. 78-715.) (210 ILCS 100/3.06) (from Ch. 111 1/2, par. 549.3-06)Sec. 3.06. 
		
		
		"Licensee" means any individual having a license under this Act, any
member of a firm, partnership or association to which a license is issued
under this Act and any corporation having a license under this Act.
		(Source: P.A. 78-715.) (210 ILCS 100/3.07) (from Ch. 111 1/2, par. 549.3-07)Sec. 3.07. 
		
		
		"Director" means the Director of the Department of Public Health, State
of Illinois.
		(Source: P.A. 78-715.) (210 ILCS 100/3.08) (from Ch. 111 1/2, par. 549.3-08)Sec. 3.08. 
		
		
		"Revocation" means to declare a permit or license issued to the
applicant or licensee by the Department invalid for an indefinite period of
time.
		(Source: P.A. 78-715.) (210 ILCS 100/3.09) (from Ch. 111 1/2, par. 549.3-09)Sec. 3.09. 
		
		
		"Suspension" means to declare a permit or license issued to the
applicant or licensee by the Department invalid for a temporary period of
time with an expectation of reinstatement.
		(Source: P.A. 78-715.) (210 ILCS 100/4) (from Ch. 111 1/2, par. 549.4)Sec. 4. 
		
		
		Subject to the requirement for public hearings as hereinafter provided,
the Department shall develop and publish regulations intended to protect
the health and safety of children attending camps and shall, when
necessary, utilize the services of any other State agencies to assist in
carrying out the purposes of this Act. These regulations shall include, but
are not limited to, standards relating to water supply, sewage and solid
waste disposal, food service sanitation, design of buildings, rodent and
insect control, water and swimming hazards, first aid, and communicable
disease control. In the event such regulations include provisions requiring
physical examinations or inoculations for children or staff, the operator
of a youth camp shall be permitted to grant exemption from physical
examinations except those prescribed for the purpose of establishing
freedom from contagious disease and exemption from inoculations when such
exemptions are requested on the grounds of religious conviction.The Department shall hold a public hearing on all proposed rules and
amendments. At least 20 days' notice of such public hearing shall be given
by the Department in such manner as the Department considers adequate to
bring such hearing to the attention of persons interested in such rules and
regulations. Notice of any such public hearing shall be given by the
Department to those who file a written request for a notice of any such
hearings. Hearings shall be conducted by the Director or a Hearing Officer
designated in writing by the Director. Such rules and regulations shall be
filed with the Secretary of State as a public record. The Department may,
without public hearing, promulgate rules and regulations governing the
procedure for hearings as provided in this Act.This Act shall apply to the State of Illinois and Departments thereof;
however, the provisions in this Act for fees for licenses, and the
provision for fine and imprisonment shall not apply to the State of
Illinois, to Departments thereof.
		(Source: P.A. 78-715.) (210 ILCS 100/5) (from Ch. 111 1/2, par. 549.5)Sec. 5. 
		
		
		It shall be unlawful for any person to establish, maintain, conduct or
operate a youth camp within this State without obtaining a license by
making application to the Department on a prescribed form. Such
applications shall be made at least 45 days prior to the proposed opening
date of the camp. All applications, except those of any political
subdivision of the state, or those of any public or parochial school, shall
be accompanied by a license application fee of $25. A separate application
must be submitted for each camp the person intends to operate. The
Department shall inspect the proposed facilities before issuing any
license, except for the first six months following the effective date of
this Act during which period the Department may issue a provisional license
pending inspection. If satisfied that the facilities of the camp are
conducive to the health and safety of children, a license shall be issued.
A provisional license may be issued if the camp does not meet all the
regulations promulgated by the Department under Section 4. All licenses
shall expire on December 31 of the year of issue, unless revoked under
Section 14 of this Act, and shall be reissued annually upon application,
except that a provisional license may not be in effect for more than 3
consecutive years. All applications for a renewal license, except those of
any political subdivision of the State, shall be accompanied by a license
application fee of $25. Each license shall specify the number of children
which may be served and the specific site where the camp may operate.
		(Source: P.A. 78-715.) (210 ILCS 100/6) (from Ch. 111 1/2, par. 549.6)Sec. 6. 
		
		
		After January 1, 1974, it shall be unlawful for any person to construct
any youth camp as herein defined unless he holds a valid construction
permit issued by the Department. Construction permits shall be issued to
the person identified in the application for the specific construction
described therein and shall be valid for one year from date of issue. All
applications for a construction permit shall be made to the Department on
forms furnished by the Department and shall contain the following:(a) Name and address of applicant.(b) The name and address of all persons having an     interest in the proposed youth camp.(c) Location and legal description of the proposed     youth camp.(d) Plans and specifications for the construction of     the proposed youth camp which shall include:(1) the area and the dimensions of the tract of         land;(2) the location of roadways;(3) the location of service buildings, sanitary         stations, and any other proposed structures or facilities;(4) the location of water and sewer lines and         rise pipes;(5) plans and specifications of food handling         facilities, water supply, refuse and sewage disposal facilities;(6) plans and specifications of all buildings         constructed, or to be constructed within the youth camp;(7) the location and details of all lighting and         electrical systems;(8) the location and description of all swimming         and bathing areas;(e) The calendar months of the year during which the     applicant will operate the youth camp.(f) A statement of the fire fighting facilities,     public or private, which are available to the youth camp.(g) Such other information as may be required by     rules adopted by the Department hereunder.		(Source: P.A. 78-715.) (210 ILCS 100/7) (from Ch. 111 1/2, par. 549.7)Sec. 7. 
		
		
		The Department may designate county and multiple-county health
departments or municipal boards of health to make inspections relating to
compliance with this Act and the standards prescribed by the Department.
The reports and recommendations of any such agency shall be in writing and
shall state its findings with respect to compliance or non-compliance with
this Act and the regulations. The Department or the designated agency shall
make at least one annual inspection of each youth camp while it is in
operation. The duly authorized representative of the Department or
designated agency shall have the right of entry and access to any such camp
at any reasonable time.All youth camps operated by the State of Illinois and Departments
thereof shall be inspected only by Department personnel.
		(Source: P.A. 78-715.) (210 ILCS 100/8) (from Ch. 111 1/2, par. 549.8)Sec. 8. 
		
		
		Any county, city or township may establish regulations including
standards governing health or safety in youth camps which are at least
equal to the standards and regulations promulgated under this Act.
		(Source: P.A. 78-715.) (210 ILCS 100/9) (from Ch. 111 1/2, par. 549.9)Sec. 9. 
		
		
		All fees shall be submitted in the form of a check or money order. All
licenses and permits provided for in this Act shall be displayed in a
conspicuous place for public view, within or on said premises. In case of
revocation or suspension, the owner or operator or both shall cause the
license to be removed and to post the notice of revocation or suspension
issued by the Department.
		(Source: P.A. 78-715.) (210 ILCS 100/10) (from Ch. 111 1/2, par. 549.10)Sec. 10. 
		
		
		Subject to constitutional limitations, the Department, by its
representatives, after proper identification, is authorized and shall have
the power to enter at reasonable times, upon private or public property for
the purpose of inspecting and investigating conditions relating to the
enforcement of this Act and regulations issued hereunder. Written notice of
all violations shall be given to the owners, operators and licensees of
youth camps.
		(Source: P.A. 78-715.) (210 ILCS 100/11) (from Ch. 111 1/2, par. 549.11)Sec. 11. 
		
		
		It shall be the duty of the owners, operators and licensees of youth
camps to give the Department and its authorized agents free access to such
premises at all reasonable times for the purpose of inspection.
		(Source: P.A. 78-715.) (210 ILCS 100/12) (from Ch. 111 1/2, par. 549.12)Sec. 12. 
		
		
		Whenever the Department determines that there are reasonable grounds to
believe that there has been violation of any provision of this Act or the
rules and regulations issued hereunder, the Department shall give notice of
such alleged violation to the person to whom the license was issued, as
herein provided. Such notice shall:(a) be in writing;(b) include a statement of the reasons for the     issuance of the notice;(c) allow reasonable time as determined by the     Department for the performance of any act it requires;(d) be served upon the owner, operator or licensee as     the case may require; provided that such notice or order shall be deemed to have been properly served upon such owner, operator or licensee when a copy thereof has been sent by registered or certified mail to his last known address as furnished to the Department; or, when he has been served with such notice by any other method authorized by the laws of this State;(e) contain an outline of remedial action, which, if     taken, will be required to effect compliance with the provisions of this Act and the rules and regulations issued hereunder.		(Source: P.A. 78-715.) (210 ILCS 100/13) (from Ch. 111 1/2, par. 549.13)Sec. 13. 
		
		
		The Department shall in any proceeding to suspend, revoke or refuse to
issue a license or permit, first serve or cause to be served upon the
applicant, or licensee a written notice specifying the way or ways in which
such applicant or licensee has failed to comply with this Act, or any
rules, regulations or standards promulgated by the Department pertaining
thereto. In the case of a revocation or suspension, this notice shall
require the licensee to remove or abate such violation, insanitary or
objectionable condition, specified in such notice, within 5 days or within
a longer period of time as may be allowed by the Department; if the
licensee fails to comply with the terms and conditions of the notice,
within the time specified or such extended period of time, the Department
may revoke or suspend such license or permit. If an applicant fails to
comply with the Act, rules or regulations or standards promulgated
thereunder, the Department may refuse to issue a license.
		(Source: P.A. 78-715.) (210 ILCS 100/14) (from Ch. 111 1/2, par. 549.14)Sec. 14. 
		
		
		The Department shall give written notice by certified or registered mail
to any person refused a license or whose license is suspended or revoked;
such person has a right to a hearing before the Department; however, a
written notice of a request for such a hearing shall be served on the
Department within 10 days of notice of such refusal of a license or
suspension or revocation thereof. The hearing shall be conducted by the
Director, or a Hearing Officer designated in writing by the Director to
conduct the hearing. A stenographic record shall be made of the hearing and
the cost borne by the Department; however, a transcription of the hearing
will be made only if a party requests and shall be transcribed at the cost
of such party.The hearing shall be conducted at such place as designated by the
Department. The Director shall give written notice of time and place of
hearing, by registered or certified mail, to the owner, operator, licensee,
or applicant, as the case may be, at least 20 days before such hearing. The
Director or Hearing Officer shall permit the owner, operator, licensee or
applicant to appear in person or to be represented by counsel at the
hearing at which time such party shall be afforded an opportunity to
present all relevant matter in support of his application for license or in
resisting the revocation or suspension thereof.
		(Source: P.A. 78-715.) (210 ILCS 100/15) (from Ch. 111 1/2, par. 549.15)Sec. 15. 
		
		The Director or Hearing Officer may compel by subpoena or subpoena
duces tecum the attendance and testimony of witnesses and the production
of books and papers and administer oaths to witnesses. All subpoenas issued by the
Director or Hearing Officer may be served as provided for in a civil
action. The fees of witnesses for attendance and travel shall be the same
as the fees for witnesses before the circuit court and shall be paid by the
party to such proceeding at whose request the subpoena is issued. If such
subpoena is issued at the request of the Department, the witness fee shall
be paid as an administrative expense.In cases of refusal of a witness to attend or testify, or to produce
books or papers, concerning any matter upon which he might be lawfully
examined, the circuit court of the county where the hearing is held, upon
application of any party to the proceeding, may compel
obedience by proceeding as for contempt.
		(Source: P.A. 83-334.) (210 ILCS 100/16) (from Ch. 111 1/2, par. 549.16)Sec. 16. 
		
		
		In the event of the inability of any party, or the Department, to
procure the attendance of witnesses to give testimony or produce books and
papers, such party or the Department may take the deposition of witnesses
in accordance with the laws of this State. All testimony taken at a hearing
shall be reduced to writing, and all such testimony and other evidence
introduced at the hearing shall be a part of the record of the hearing.
		(Source: P.A. 78-715.) (210 ILCS 100/17) (from Ch. 111 1/2, par. 549.17)Sec. 17. 
		
		The Director shall make findings of fact in such hearing, and
the Director shall render his decision within 30 days after the termination
of the hearing, unless additional time is required by him for a proper disposition
of the matter. When the hearing has been conducted by a Hearing Officer,
the Director shall review the findings of fact and recommendations of the
Hearing Officer, and the transcribed record if a party has requested and
paid for such record before rendering a decision. It shall be the duty of
the Director to forward a copy of his decision by registered or certified
mail, to the owner, operator, licensee or applicant within 5 days of rendition
of such decision. Technical errors in the proceeding
before the Director or Hearing Officer or their failure to observe the technical
rules of evidence shall not be grounds for the reversal of any administrative
decision unless it appears to the court that such error or failure materially
affects the rights of any party and results in substantial injustice to him.
		(Source: P.A. 81-1509.) (210 ILCS 100/18) (from Ch. 111 1/2, par. 549.18)Sec. 18. 
		
		
		The Department is not required to certify any record or file any answer
or otherwise appear in any proceeding for judicial review unless the party
filing the complaint deposits with the clerk of the court the sum of one
dollar ($1) per page representing costs of such certification. Failure on
the part of the plaintiff to make such deposit shall be grounds for
dismissal of the action.
		(Source: P.A. 78-715.) (210 ILCS 100/19) (from Ch. 111 1/2, par. 549.19)Sec. 19. 
		
		
		Whenever the Department finds that an emergency exists which requires
immediate action to protect the public health, it may, without notice or
hearing, issue an order reciting the existence of such an emergency and
then require that such action be taken as it may deem necessary to meet the
emergency including the closing of the youth camp or the suspension or
revocation of the license. Notwithstanding any other provision in this Act
such order shall be effective immediately. The State's Attorney and Sheriff
of the county in which the youth camp is located shall enforce the closing
order after receiving notice thereof. Any owner, operator or licensee
affected by such an order is entitled, upon request, to a hearing as
provided in this Act. When such conditions are abated, in the opinion of
the Department, the Department may authorize reopening the youth camp.
		(Source: P.A. 78-715.) (210 ILCS 100/20) (from Ch. 111 1/2, par. 549.20)Sec. 20. 
		
		
		Any person who violates this Act or any rule or regulation adopted by
the Department, or who violates any determination or order of the
Department under this Act shall be guilty of a Class A misdemeanor and
shall be fined a sum not less than $100.Each day's violation constitutes a separate offense. The State's
Attorney of the county in which the violation occurred, or the Attorney
General shall bring such actions in the name of the people of the State of
Illinois, or may in addition to other remedies provided in this Act, bring
action for an injunction to restrain such violation, or to enjoin the
operation of any such establishment.
		(Source: P.A. 78-715.) (210 ILCS 100/21) (from Ch. 111 1/2, par. 549.21)Sec. 21. 
		
		The Administrative Review Law, as now or
hereafter amended, and the rules adopted
under the Administrative Review Law apply to and govern all
proceedings for judicial review of
final administrative decisions of the Department under this Act. The term
"Administrative decision" is defined as in Section 3-101 of
the Code of Civil Procedure.
		(Source: P.A. 82-783.) (210 ILCS 100/21a) (from Ch. 111 1/2, par. 549.21a)Sec. 21a. 
		
		The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Director of the Department of Public Health under this Act,
except that in case of conflict between the Illinois Administrative Procedure
Act and this Act the provisions of this Act shall control, and except that
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of any rule required
by federal law in connection with which the Department is precluded by law from
exercising any discretion.
		(Source: P.A. 88-45.) (210 ILCS 100/22) (from Ch. 111 1/2, par. 549.22)Sec. 22. 
		
		
		The provisions of this Act for license and fee do not apply to any
facility subject to licensure under the "Recreational Area Licensing Act".
		(Source: P.A. 78-715.) (210 ILCS 100/23) (from Ch. 111 1/2, par. 549.23)Sec. 23. 
		
		
		If any part of this Act is adjudged invalid, such adjudication shall not
affect the validity of the Act as a whole or of any other part.
		(Source: P.A. 78-715.)
(210 ILCS 105/1) (from Ch. 111 1/2, par. 5901)Sec. 1. 
		Short title. 
		This Act may be known and cited as the "Field
Sanitation Act".
		(Source: P.A. 83-94.) (210 ILCS 105/2) (from Ch. 111 1/2, par. 5902)Sec. 2. 
		As used in this Act:(a) The term "farm operator" means any person, or any officer or agent
acting on behalf of such person, who is the owner in possession, or lessee,
of a farming operation, or who is responsible for its management condition,
or is the employer of agricultural workers.(b) The terms "agricultural worker" and "worker" mean any individual who
is engaged in employment involving the harvesting, planting or cultivating
of food or nursery products by manual labor.
The term agricultural worker does not include individuals whose principal
occupation is not agricultural employment, unless such individuals are required
to be away from their permanent place of residence overnight.(c) The term "farm operation" means activities relating to planting,
cultivating or harvesting of food or nursery products.(d) The term "the Department" refers to the Illinois Department of
Public Health.(e) The term "person" includes any individual, partnership, association,
joint stock company, trust, or corporation.
		(Source: P.A. 85-979.) (210 ILCS 105/4) (from Ch. 111 1/2, par. 5904)Sec. 4. 
		Coverage. 
		Every farm operation must provide the facilities
required by this Act when 10 or more workers are employed.
		(Source: P.A. 85-979.) (210 ILCS 105/5) (from Ch. 111 1/2, par. 5905)Sec. 5. 
		Design of toilet facilities. 
		Toilet facilities shall provide
privacy and toilet paper.  Toilets shall be designed to allow proper ventilation
and shall be maintained in a clean and sanitary condition.
		(Source: P.A. 83-94.) (210 ILCS 105/6) (from Ch. 111 1/2, par. 5906)Sec. 6. 
		Design of handwashing facilities. 
		Handwashing facilities shall
include a supply of potable water, soap, and disposable towels
or equivalent drying means.
		(Source: P.A. 85-979.) (210 ILCS 105/7) (from Ch. 111 1/2, par. 5907)Sec. 7. 
		Design of drinking water facilities. 
		Potable drinking water
shall be provided in covered containers with either drinking fountain
attachments or with individual sanitary drinking cups provided.
		(Source: P.A. 85-979.) (210 ILCS 105/8) (from Ch. 111 1/2, par. 5908)Sec. 8. 
		Number of toilet, handwashing and drinking water facilities. 
		
At least one toilet and handwashing facility shall be provided for every
35 agricultural workers, or fraction thereof.  Drinking water shall be supplied
in sufficient quantity for all workers for their entire work days.
		(Source: P.A. 83-94.) (210 ILCS 105/9) (from Ch. 111 1/2, par. 5909)Sec. 9. 
		Location of toilet, handwashing and drinking water facilities. 
		
Toilet, handwashing and drinking water facilities shall be located within
1/4 of a mile from any worker.
		(Source: P.A. 85-979.) (210 ILCS 105/10) (from Ch. 111 1/2, par. 5910)Sec. 10. 
		Use of toilet, handwashing and drinking facilities. 
		The
workers shall not be denied use of toilet, handwashing and drinking facilities.
		(Source: P.A. 85-979.) (210 ILCS 105/11) (from Ch. 111 1/2, par. 5911)Sec. 11. 
		
		The Illinois Department of Public Health shall make and promulgate
reasonable regulations to guide compliance with and enforcement of this Act.
		(Source: P.A. 83-94.) (210 ILCS 105/12) (from Ch. 111 1/2, par. 5912)Sec. 12. 
		Enforcement. 
		(a) The responsibility for enforcement of this
Act shall be vested with the Department.
The Department is hereby authorized and directed to make random inspections
as are necessary to determine satisfactory compliance with this Act and the
regulations issued hereunder.  The Department shall have the power to enter
at reasonable times upon private or public property for the purpose of
inspecting and investigating conditions relating to the enforcement of this
Act and the regulations issued hereunder. Upon receipt
of a complaint or report of a violation of the Act or of the Department's
regulations, the Department will inspect the farm operation complained of.
A written notice of the presence of violations will be provided to the farm
operator after inspection.(b) Any person who violates this Act or the Department's regulations
relating thereto shall be guilty of a petty offense and shall be fined no
less than $100.  The State's Attorney of the county in which the violation
occurs or the Attorney General shall bring such action in the name of
the people of the State of Illinois, or may in addition to other remedies
provided in this Act, bring action for an injunction to restrain such
violations or to enjoin the operation of any such operation.(c) Any worker aggrieved by a violation of this Act or regulations
promulgated thereunder may file suit in the circuit court having
jurisdiction over the location of the farming operation.  If the court
finds that the farm operator has willfully violated any provision of this
Act or any regulation promulgated thereunder, the court may in its
discretion issue a restraining order or preliminary injunction, as well as
a permanent injunction, upon such terms and conditions as will do justice
and enforce the purpose set forth above.
		(Source: P.A. 85-979.) (210 ILCS 105/13) (from Ch. 111 1/2, par. 5913)Sec. 13. 
		Retaliatory actions. 
		It shall be unlawful for any person
to discharge or in any other manner discriminate against any agricultural
worker because such agricultural worker has filed any complaint or instituted
or caused to be instituted any proceeding under or related to this Act,
or has testified or is about to testify in any such proceeding, or has provided
information to the Department or any other enforcement agency.
		(Source: P.A. 83-94.)
(210 ILCS 110/1) (from Ch. 111 1/2, par. 185.1)Sec. 1. 
		
		This Act shall be known and may be cited as the "Illinois Migrant
Labor Camp Law".
		(Source: Laws 1961, p. 3904.) (210 ILCS 110/2) (from Ch. 111 1/2, par. 185.2)Sec. 2.  When used in this Act:"Migrant Labor Camp" means one or more buildings, structures, tents,
trailers or vehicles or any combination thereof together with the land
appertaining thereto established, operated or maintained as living quarters
for ten or more migrant workers or 4 or more families containing migrant
workers who are engaged in agricultural activities."Migrant Worker" means any person who moves seasonally from one place to
another, within or without the State, for the purpose of employment in
agricultural activities."Agricultural Activities" means and includes planting, raising or
harvesting of any agricultural or horticultural commodities, including the
related handling, packing and processing upon the farm where produced or at
the point of first processing."Department" means the Department of Public Health of the State of
Illinois."Director" means the Director of the Department of Public Health."Person" means any individual, group of individuals, association, trust, partnership, limited liability company, corporation, or person doing business under an assumed name, or any other entity.
(Source: P.A. 98-1034, eff. 8-25-14.) (210 ILCS 110/3) (from Ch. 111 1/2, par. 185.3)Sec. 3. 
No person shall operate or maintain a Migrant Labor Camp within the
State of Illinois without first having obtained a license therefor from the
Department. Licenses shall be issued upon application, upon compliance with the requirements of this Act, and
upon payment of the license fee. Notwithstanding the date that an application for a license was submitted, a license issued pursuant to this Act shall expire on December 31 of the year in which the license was issued. Establishments that provide housing for
migrant workers for fewer than 10 migrant workers or fewer than 4 families
containing migrant workers shall meet the minimum standards established by
the Department but shall not be required to be licensed.
(Source: P.A. 98-1034, eff. 8-25-14.) (210 ILCS 110/4) (from Ch. 111 1/2, par. 185.4)Sec. 4. 
Applications for a license to operate or maintain a Migrant Labor
Camp or for a renewal thereof shall be made upon paper or electronic forms to be furnished by
the Department. Such application shall include:(a) The name and address of the applicant or     applicants. If the applicant is a partnership, the names and addresses of all the partners shall also be given. If the applicant is a corporation, the names and addresses of the principal officers of the corporation shall be given.(b) The approximate legal description and the address     of the tract of land upon which the applicant proposes to operate and maintain such Migrant Labor Camp.(c) A general plan or sketch of the campsite showing     the location of the buildings or facilities together with a description of the buildings, of the water supply, of the toilet, bathing, and laundry facilities, and of the fire protection equipment.(d) The date upon which the occupancy and use of the     Migrant Labor Camp will commence.The application for the original license or for any renewal thereof
shall be accompanied by a fee of $100.Application for the original license or for a renewal of the license shall be
filed with the Department at least 10 business days prior to the date on
which the occupancy and use of such camp is to commence. The camp shall be
ready for inspection at least 5 business days prior to the date upon which the
occupancy and use of such camp is to commence.
(Source: P.A. 98-1034, eff. 8-25-14; 99-642, eff. 7-28-16.) (210 ILCS 110/5) (from Ch. 111 1/2, par. 185.5)Sec. 5. 
		
		In order to qualify for a license under the provisions of this Act, a
Migrant Labor Camp shall meet the requirements of this Act and the rules
promulgated by the Department pursuant thereto.
		(Source: P.A. 86-595.) (210 ILCS 110/6) (from Ch. 111 1/2, par. 185.6)Sec. 6. 
Upon receipt of an application for a license, the Department shall
inspect, at its earliest opportunity, the campsite and the facilities described in the application. If the Department finds that the Migrant Labor
Camp described in the application meets and complies with the provisions of
this Act and the rules of the Department in relation
thereto, the Director shall issue a license to
the applicant for the operation of the camp.If the application is denied, the Department shall notify the applicant
in writing of such denial setting forth the
reasons therefor. If the conditions constituting the basis for such denial
are remediable, the applicant may correct such conditions and notify the
Department in writing indicating therein the manner in which such
conditions have been remedied. Notifications of corrections shall be
processed in the same manner as the original application.
(Source: P.A. 98-1034, eff. 8-25-14; 99-642, eff. 7-28-16.) (210 ILCS 110/7) (from Ch. 111 1/2, par. 185.7)Sec. 7. 
If the Department finds that the facilities of any Migrant Labor
Camp for which a license is sought are not in compliance with the
provisions of this Act and the rules of the Department
relating thereto, but that such camp is habitable without undue prejudice
to the migrant workers and their families, the Department may issue a
conditional license setting forth the conditions on which the license is
issued, the manner in which the camp fails to comply with the Act and such
rules, and shall set forth the time, not to exceed three
years, within which the applicant must make any changes or corrections
necessary in order for such camp to fully comply with this Act and the
rules of the Department relating thereto. No more than
three consecutive annual conditional licenses may be issued with respect to
any one camp.
(Source: P.A. 98-1034, eff. 8-25-14.) (210 ILCS 110/8) (from Ch. 111 1/2, par. 185.8)Sec. 8. 
Plans for the construction of a Migrant Labor Camp or for any
major alteration or major expansion in any such camp or the facilities
thereof shall be submitted to the Department for approval prior to the
construction or the making of such major alteration or major expansion.
The Department shall by rule define what constitutes a major alteration and
a major expansion.  The plans shall contain the information necessary to
show compliance with the Act.  Such application for approval shall be made
upon paper or electronic forms furnished by the Department and shall be accompanied by the
plans and specifications of the work proposed to be done. The Department shall notify the
applicant whether such plans and specifications comply with the
requirements of this Act and the rules of the Department
relating thereto. No fee shall be required for such prior approval of plans
and specifications.
(Source: P.A. 98-1034, eff. 8-25-14.) (210 ILCS 110/9) (from Ch. 111 1/2, par. 185.9)Sec. 9. 
Representatives of the Department duly authorized by the Director
shall have the right to enter upon the premises of any Migrant Labor Camp
at all reasonable hours for the purpose of inspecting such camp and the
facilities thereof, and determining whether or not such camp is maintained
and operated in accordance with the provisions of this Act and the rules
 of the Department relating thereto.
(Source: P.A. 98-1034, eff. 8-25-14.) (210 ILCS 110/9.1) (from Ch. 111 1/2, par. 185.9-1)Sec. 9.1. 

Representatives of the Department, duly authorized by the Director shall
inspect each migrant labor camp at least one time before the laborers
arrive and at least one time while the camp is being used, for the purpose
of determining whether or not the camp is being maintained and operated in
accordance with this Act and the rules of the Department
relating thereto. The Director of the Department of Public Health may grant
temporary variances for existing housing that does not meet federal
standards and allow not more than 2 years in order to comply with such
standards.
(Source: P.A. 98-1034, eff. 8-25-14.) (210 ILCS 110/10) (from Ch. 111 1/2, par. 185.10)Sec. 10. 
The Department may make and adopt such reasonable rules relating to Migrant Labor Camps as may be necessary to carry
out and administer the provisions of this Act and to assure the safety of
the migrant workers and their families. In preparation of such rules, the Department may consult with and request technical
assistance from other State Agencies, and may consult and advise with other
technically qualified persons, and with Migrant Labor Camp operators and
others.The promulgation of any rules shall conform to the requirements of "The
Illinois Administrative Procedure Act", as now or hereafter amended.
The Department shall prepare copies of all rules and shall
make such copies available, in electronic form, to the public and shall not be required to furnish copies in any other format.
(Source: P.A. 98-1034, eff. 8-25-14.) (210 ILCS 110/11) (from Ch. 111 1/2, par. 185.11)Sec. 11. 
The Department may establish administrative penalties and sanctions by rule for violations of this Act or the rules adopted under this Act. Each day a violation of this Act or the rules adopted under this Act exists shall constitute a separate violation. The Department shall provide written notification of a violation.

(Source: P.A. 98-1034, eff. 8-25-14.) (210 ILCS 110/12) (from Ch. 111 1/2, par. 185.12)Sec. 12. 
The Director, after notice and opportunity for a hearing, may deny, suspend, or revoke a license and impose  a penalty in any case in which the Director finds that the applicant, license holder, or any other person has failed to comply with the provisions of this Act or the rules adopted under this Act.  A license shall be revoked only when there has been a substantial failure by the licensee to comply with this Act or the rules adopted under this Act.  For purposes of this Section, a substantial failure to comply with this Act or the rules adopted under this Act includes, but is not limited to, the failure to pay any administrative penalties previously assessed by the Department against the licensee.Notice shall be provided by certified mail or by personal service. The notice shall set forth the particular reasons for the proposed action and fix a date, not less than 14 days from the date of the mailing or personal service, by which the applicant or license holder must request, in writing, a hearing. Failure to serve upon the Department a request for a hearing, in writing, by the date provided in the notice shall constitute a waiver of that person's right to a  hearing.The hearing shall be conducted by the Director or by an individual designated in writing by the Director as a Hearing Officer. The Director or Hearing Officer shall give written notice of the time and place of the hearing, by certified mail or personal service, to the applicant, license holder, or other person at least 10 days prior to the hearing. On the basis of the hearing or upon default of the applicant, license holder, or other person, the Director or Hearing Officer shall make a determination, in writing, that shall set forth his or her findings and conclusions. A copy of the determination shall be sent by certified mail or served personally upon the applicant, license holder, or other person. The decision of the Director  or Hearing Officer shall be final on issues of fact and final in all respects unless judicial review is sought as provided in this Act.The procedure governing hearings authorized by this Section shall be adopted by the Department by rule. A full and complete record shall be kept of all proceedings, including the notice of hearing, the complaint, all documents in the nature of pleadings, all written motions filed in the proceedings, and the report and orders of the Director or Hearing Officer.The Department, at its expense, shall provide a court reporter to take testimony. Technical error or the failure to observe the technical rules of evidence in the proceedings before the Director or Hearing Officer shall not be grounds for the reversal of any administrative decision unless it appears to the court that the error or failure materially affects the rights of any party and results in substantial injustice to the party.The Department may cause the depositions of witnesses within the State to be taken in the manner prescribed by law for depositions in civil actions in courts of this State and may compel the attendance of witnesses and the production of books, papers, records, or memoranda.The Department shall not be required to certify any record to the court, file any answer in court, or otherwise appear in any court in a judicial review proceeding, unless a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record is filed in the court with the complaint. The cost of furnishing and certifying the record shall be paid by the party requesting a copy of the record. Failure on the part of the person requesting a copy of the record to pay the cost of furnishing and certifying the record shall be grounds for dismissal of the action. 

(Source: P.A. 98-1034, eff. 8-25-14.) (210 ILCS 110/13) (from Ch. 111 1/2, par. 185.13)Sec. 13. 
		
		All final administrative decisions of the Department hereunder
shall be subject to judicial review pursuant to the provisions of the
Administrative Review Law as amended and the rules
adopted pursuant thereto. The term "Administrative Decision" is defined as
in Section 3-101 of the Code of Civil Procedure.
		(Source: P.A. 82-783.) (210 ILCS 110/13A) (from Ch. 111 1/2, par. 185.13A)Sec. 13A. 
		
		The Director of the Department shall appoint an advisory
committee of not less than five members consisting of one or more
representatives of vegetable growers, fruit growers, canning crops and of
the general public, who are familiar with Migrant Labor Camps. The Director
and the Department shall advise with such committee concerning the
administration of this Act, the rules and regulations of the Department
relating thereto, the needs of migrant workers and their families and
related problems. The committee shall meet as frequently as the Director
deems necessary.  Meetings also may be held upon the concurrence of at
least 3 members of the committee and 10 days prior written notice to each
member of the committee.
		(Source: P.A. 86-595.) (210 ILCS 110/13B) (from Ch. 111 1/2, par. 185.13B)Sec. 13B. 
		
		The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that in
case of conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rule-making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.
		(Source: P.A. 88-45.) (210 ILCS 110/14) (from Ch. 111 1/2, par. 185.14)Sec. 14. 
Any person who operates or maintains a Migrant Labor Camp without
securing a license under this Act commits a Type B violation under Section 25 of this Act. Each
day's violation constitutes a separate offense.
 The Attorney General or the 
State's Attorney of the county in which the violation occurs
shall bring such action in the name of the people of the State of Illinois,
or may in addition to other remedies provided in this Act bring an action
for an injunction to restrain such violations or to enjoin the operation
of any such establishment. Notwithstanding any other provision of this Act, fines imposed by the court pursuant to the State's Attorney's action shall be deposited within the general fund of the county in which the action was brought. 
(Source: P.A. 98-1034, eff. 8-25-14.) (210 ILCS 110/15) (from Ch. 111 1/2, par. 185.15)Sec. 15. 
		
		Whenever the Department finds that an emergency exists which
requires immediate action to protect the public health, the Director shall,
without notice or
hearing, issue an order reciting the existence of such an emergency and
then require that such action be taken as it may deem necessary to meet
the emergency, including the closing of a migrant labor camp with suspension
or revocation of the license.  Notwithstanding any other provisions in this
Act such order shall be effective immediately.  The State's Attorney and
Sheriff of the county in which the migrant labor camp is located shall enforce
the closing order after receiving notice thereof.  Any owner, operator or
licensee affected by such an order is entitled, upon request, to a hearing
as provided in this Act.  When such conditions are abated, in the opinion
of the Department, the Department may authorize reopening of the migrant labor camp.
		(Source: P.A. 83-677.) (210 ILCS 110/16) (from Ch. 111 1/2, par. 185.16)Sec. 16. 
Any worker aggrieved by a violation of this Act or rules 
promulgated thereunder may file suit in the Circuit Court having jurisdiction
over the location of the labor camp. If the Court finds that the labor camp
owner, operator, or licensee has willfully violated any provision of this Act or any rule 
promulgated thereunder, the Court may in its discretion issue a restraining
order or preliminary injunction, as well as, a permanent injunction, upon
such terms and conditions as will do justice and enforce the purposes set forth above.
(Source: P.A. 98-1034, eff. 8-25-14.) (210 ILCS 110/17) (from Ch. 111 1/2, par. 185.17)Sec. 17. 
		
		It shall be unlawful for any person to evict, discharge or in
any other manner discriminate against any migrant worker because such worker
has filed any complaint or instituted or caused to be instituted any proceeding
under or related to this Act, or has testified or is about to testify in
any such proceeding, or has provided information to the Department or any
other enforcement agency.
		(Source: P.A. 83-677.) (210 ILCS 110/18)Sec. 18. 
		
		The Department shall deposit all fees and fines collected
under this Act into the Facility Licensing Fund.  Moneys in the Fund, subject
to appropriation, shall
be used for the enforcement of this Act.
		(Source: P.A. 92-18, eff. 6-28-01.) (210 ILCS 110/20)Sec. 20. The Department may charge $0.25 per each 8.5" x 11" page, whether paper or electronic, for copies of records held by the Department pursuant to this Act. For documents larger than 8.5" x 11", actual copying costs plus $0.25 per page shall apply.
(Source: P.A. 98-1034, eff. 8-25-14.) (210 ILCS 110/25)Sec. 25. (a) If the Department finds a violation of this Act or rules adopted under this Act at a migrant labor camp, the Department shall issue a written report or notice of the violation. In accordance with subsections (b) and (c) of this Section, each violation shall be categorized as either Type A or Type B.(b) Type A violation. Type A violations shall be established by rule.  Penalties shall be assessed for Type A violations at a rate of $25 per day per violation with each day constituting a separate violation. The situation, condition, or practice constituting a Type A violation shall be abated or eliminated immediately, unless a fixed period of time as determined by the Department, that shall not exceed 3 days, and specified in the notice of violation or inspection report is required for correction.(c) Type B violation. Type B violations include those violations that may lead to serious injury or death of employees or the general public. Upon finding a Type B violation at a migrant labor camp, the Department shall immediately take actions as necessary to protect the public health, including ordering the immediate closure of the facility, ordering the abatement of conditions deemed dangerous by the Department, or ordering the cessation of any practice deemed dangerous or improper by the Department. Type B violations shall be established by rule.  Administrative penalties shall be assessed by the Department for Type B violations at a rate of $100 per violation, with each day constituting a separate violation. Any person who commits a Type B violation shall be guilty of a Class A misdemeanor for which the circuit court may impose a fine of $250 per violation, with each day constituting a separate violation. 
(Source: P.A. 98-1034, eff. 8-25-14.)
(210 ILCS 115/1) (from Ch. 111 1/2, par. 711)Sec. 1. 
		
		
		The General Assembly of Illinois finds: (1) that there is a serious
housing shortage in this state; (2) that rising costs in the building
construction field has seriously impeded the building of new housing,
particularly for moderate and low income citizens; (3) that the existing
housing stock is continuously depleted through demolition resulting from
aging buildings, urban renewal, highway construction and other necessary
public improvements; (4) that advances in the construction of mobile homes
has significantly increased the importance of this mode of housing; (5)
that through proper regulation and licensing mobile homes can contribute to
the quality housing of Illinois citizens.
		(Source: P.A. 77-1472.) (210 ILCS 115/2) (from Ch. 111 1/2, par. 712)Sec. 2. 

Unless the context clearly requires otherwise, the words and phrases set
forth in the Sections following this Section and preceding Section 3 shall have the meanings set forth
in this Act.
(Source: P.A. 98-756, eff. 7-16-14.) (210 ILCS 115/2.1) (from Ch. 111 1/2, par. 712.1)Sec. 2.1. 
"Manufactured home" means a factory-assembled, completely integrated structure designed for permanent habitation, with a permanent chassis, and so constructed as to permit its transport, on wheels temporarily or permanently attached to its frame, and is a movable or portable unit that is (i) 8 body feet or more in width, (ii) 40 body feet or more in length, and (iii) 320 or more square feet, constructed to be towed on its own chassis (comprised of frame and wheels) from the place of its construction to the location, or subsequent locations, at which it is connected to utilities for year-round occupancy for use as a permanent habitation, and designed and situated so as to permit its occupancy as a dwelling place for one or more persons, and specifically includes a "manufactured home" as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code. The term shall include units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expected to provide additional cubic capacity, and that are designed to be joined into one integral unit capable of being separated again into the components for repeated towing.  The term excludes campers and recreational vehicles.  The term "mobile home"
shall not include modular homes and their support systems. The words "mobile home" and "manufactured home" are synonymous for the purposes of this Act. 
(Source: P.A. 98-749, eff. 7-16-14.) (210 ILCS 115/2.2) (from Ch. 111 1/2, par. 712.2)Sec. 2.2. Permanent habitation.
					  "Permanent habitation" means
habitation for a period of 2 or more months.
					(Source: P.A. 95-331, eff. 8-21-07.) (210 ILCS 115/2.3) (from Ch. 111 1/2, par. 712.3)Sec. 2.3. 
		
		
		"Dependent mobile home" means a mobile home which does not have toilet
and bath or shower facilities.
		(Source: P.A. 77-1472.) (210 ILCS 115/2.4) (from Ch. 111 1/2, par. 712.4)Sec. 2.4. 
		
		
		"Independent mobile home" means a mobile home which has self-contained
toilet and bath or shower facilities.
		(Source: P.A. 77-1472.) (210 ILCS 115/2.5) (from Ch. 111 1/2, par. 712.5)Sec. 2.5. 
		
		"Mobile home park" means a tract of land or 2 or more
contiguous tracts of land upon which contain sites with the necessary
utilities for 5 or more independent mobile homes for permanent habitation
either free of charge or for revenue purposes, and shall include any
building, structure, vehicle, or enclosure used or intended for use as a
part of the equipment of such mobile home park. Separate ownership of
contiguous tracts of land shall not preclude the tracts of land from common
licensure as a mobile home park if they are maintained and operated
jointly.  Neither an immobilized mobile home nor a motorized recreational
vehicle shall be construed as being a part of a mobile home park.
		(Source: P.A. 85-565.) (210 ILCS 115/2.6) (from Ch. 111 1/2, par. 712.6)Sec. 2.6. 
		
		
		"Department" means the Department of Public Health, unless otherwise
indicated.
		(Source: P.A. 77-1472.) (210 ILCS 115/2.7) (from Ch. 111 1/2, par. 712.7)Sec. 2.7. 
		
		
		"Site" means the lot on which the mobile home is located for permanent
habitation.
		(Source: P.A. 78-1170.) (210 ILCS 115/2.8) (from Ch. 111 1/2, par. 712.8)Sec. 2.8. 
		
		
		"Individual utilities", as used in this Act, means the provision for
each mobile home of; a separate metered connection to electrical service;
separately tapped water service from an approved public water supply or a
separate private water supply; and a separately tapped connection to an
approved public sewer system or a separate private sewage disposal system.
		(Source: P.A. 78-1170.) (210 ILCS 115/2.9) (from Ch. 111 1/2, par. 712.9)Sec. 2.9. 
		
		
		"Revenue purposes" as used in this Act shall include, but not be limited
to, monies or other valuable consideration paid by a tenant or lessee or
paid by a contract purchaser pursuant to a contract for deed, sale or
purchase prior to the delivery of the deed conveying legal title.
		(Source: P.A. 78-1170.) (210 ILCS 115/2.10) (from Ch. 111 1/2, par. 712.10)Sec. 2.10. 
		
		"Immobilized mobile home" means a mobile home served by
individual utilities, resting on a permanent perimeter foundation which
extends below the established frost depth with the wheels, tongue and hitch
removed and the home secured in compliance with the Mobile Home Tiedown Act.
		(Source: P.A. 85-565.) (210 ILCS 115/2.11)Sec. 2.11. Normal maintenance.  "Normal maintenance" means servicing or repairing existing devices, equipment, facilities, infrastructure, or supporting utilities, or replacing those items in identical fashion with the same size, make, and model as the existing items and in accordance with applicable codes.
(Source: P.A. 101-454, eff. 8-23-19.) (210 ILCS 115/3) (from Ch. 111 1/2, par. 713)Sec. 3. 
No person, firm or corporation shall establish, maintain, conduct, or
operate a mobile home park after April 30, 1972, without a
license therefor from the Department. "Conduct or operate a mobile home
park" as used in this Act shall include, but not necessarily be limited to
supplying or maintaining common water, sewer or other utility supply or
service, or the collection of rents directly or indirectly from five or
more independent mobile homes. Such license shall expire April 30 of each
year and a new license shall be issued upon proper application and
payment of the annual license fee provided the applicant is in substantial
compliance with the Rules and Regulations of the Department.
(Source: P.A. 101-454, eff. 8-23-19.) (210 ILCS 115/4) (from Ch. 111 1/2, par. 714)Sec. 4. 
In order to obtain a permit to construct a new mobile home park
the applicant shall file with the Department a written application and plan
documents, including the following:(a) The full name and address of the applicant or     applicants, or names and addresses of the partners if the applicant is a partnership, or the names and addresses of the officers if the applicant is a corporation.(b) The address, location and legal description of     the tract of land upon which it is proposed to construct, operate and maintain a mobile home park.(c) The name of the mobile home park.(d) Detailed plans and specifications sealed by a     registered engineer or architect licensed to practice in the State of Illinois which include a general plot plan of the mobile home park with all sites and structures shown, the water supply system, the sewage disposal system, the electrical system, the fuel supply system, the lighting system, the method of disposal of solid waste, all streets and sidewalks, swimming and bathing facilities, fire hydrants and details of all auxiliary structures.(e) The number of mobile home sites proposed to be     constructed or licensed.(f) A statement of the fire-fighting facilities,     public or private, which are available to the mobile home park.(g) A plan review fee, which is nonrefundable. For     permits filed prior to the effective date of this amendatory Act of the 101st General Assembly, the fee shall be $100. For permits filed on or after the effective date of this amendatory Act of the 101st General Assembly, the fee shall be $500. (Source: P.A. 101-454, eff. 8-23-19.) (210 ILCS 115/4.1) (from Ch. 111 1/2, par. 714.1)Sec. 4.1. 
A mobile home park constructed prior to the effective date
of this amendatory Act of 1987 but not licensed by the Department shall not
require a construction permit.  A written application for an original
license shall be submitted to the Department which shall include the
information required in paragraphs (a), (b), (c), (e) and (f) of Section 4
in addition to plans showing the location of all structures and utilities at
the mobile home park.  A fee is required and shall not be refundable. For mobile home parks constructed prior to the effective date of this amendatory Act of the 101st General Assembly, the fee shall be $100. For mobile home parks constructed on or after the effective date of this amendatory Act of the 101st General Assembly, the fee shall be $250. 
(Source: P.A. 101-454, eff. 8-23-19.) (210 ILCS 115/4.2) (from Ch. 111 1/2, par. 714.2)Sec. 4.2. 
An application for a permit to alter a licensed mobile home
park shall be submitted to the Department for any changes to the water,
sewage, fuel, or electrical systems other than normal maintenance, the
relocation of sites or the expansion of the number of sites in the park.
Detailed plans and specifications shall be provided to show compliance with
this Act and the promulgated rules.   A plan review fee shall
accompany the application.  For permits submitted prior to the effective date of this amendatory Act of the 101st General Assembly, the fee shall be $50. For permits submitted on or after the effective date of this amendatory Act of the 101st General Assembly, the fee shall be $150. This fee shall not be refundable.
Construction shall not commence until a permit is issued.
(Source: P.A. 101-454, eff. 8-23-19.) (210 ILCS 115/4.3) (from Ch. 111 1/2, par. 714.3)Sec. 4.3. 
		
		An application to reduce the number of licensed sites shall
be submitted to the Department no later than 10 days prior to the proposed
date of reduction.  The specific sites no longer required to be licensed,
and either the method of disconnecting the required utilities or a
description of the method of immobilizing the mobile homes shall be
provided.  If the reduction results in less than 5  mobile homes remaining,
the license shall be void if the application is approved.  No fee shall be
required.  The licensee shall be responsible for insuring that all
utilities at vacated spaces are disconnected or sealed, as prescribed by the Department.
		(Source: P.A. 85-565.) (210 ILCS 115/4.4) (from Ch. 111 1/2, par. 714.4)Sec. 4.4. 
A mobile home park whose license has been voided, suspended,
denied or revoked may be relicensed by submission of the application items
required in paragraphs (a), (b), (c) and (e) of Section 4 and an
application fee which is nonrefundable. For applications submitted prior to the effective date of this amendatory Act of the 101st General Assembly, the fee shall be $50. For applications submitted on or after the effective date of this amendatory Act of the 101st General Assembly, the fee shall be $250. Approval shall be issued if
an inspection of the park by the Department indicates compliance with this
Act and the rules promulgated pursuant to this Act.
(Source: P.A. 101-454, eff. 8-23-19.) (210 ILCS 115/5) (from Ch. 111 1/2, par. 715)Sec. 5. 
		
		Upon receipt of an application for a permit to construct a new
mobile home park, an application for an original license to operate and
maintain the same, or an application for a permit to alter a licensed
mobile home park, the Department shall, if the park is, or the proposed
park will be, in conformity with this Act and the rules and regulations
adopted by the Department pursuant thereto, issue a permit to construct, a
permit to alter or an original license, as the case may be. If the
application for a permit to construct, a permit to alter or an original
license is declined, the Department shall give the reasons therefore in
writing to the applicant; and if the objections can be corrected, the
applicant may amend his application and re-submit it for approval.If a permit to construct or a permit to alter a park has been issued,
the applicant upon completion thereof shall notify the Department. The
Department shall then inspect the park and, if completed in accordance with
the approved plans, shall issue a license for the number of approved sites
after receipt of the required fee.A permit does not relieve the applicant from securing building
permits in municipalities or counties having a building code, or from
complying with any municipal or county zoning or other ordinance applicable
thereto. Within 10 days of receiving an application for a permit to
construct a new park or expand a licensed park, the Department shall send a
copy thereof, by certified mail, to the county or municipality in which the
proposed park is located.  Construction for which the Department has issued
a permit shall not commence until the applicant has received any required
municipal or county building and zoning approvals.  No license to operate
and maintain a mobile home park shall be issued upon the Department's being
notified, within 60 days of the mailing of the application to the
municipality or county, as provided in this Section by a written
certification from the municipal or county zoning board or commission of
any municipality or county that such park is in violation of any municipal
or county zoning or other ordinances and that such park was not in
existence at the time of the passage of such municipal or county zoning or
other ordinances. Upon certification from such municipal or county zoning
board that such park has complied with the municipal or county zoning or
other ordinances and other requirements of this Act have been met, such
license shall be issued. Within ten days after such park has complied with
the municipal or county zoning ordinance the municipal or county zoning
board or commission shall certify such compliance to the Department.
Provided, fees charged by such municipality or county for such permits
shall not exceed the usual charge for the services provided by such
municipality or county in connection with such permits.
		(Source: P.A. 85-565.) (210 ILCS 115/6) (from Ch. 111 1/2, par. 716)Sec. 6. In addition to the application fees provided for herein, the
licensee shall pay to the Department on or before March 31 of each year, an
annual license fee. For calendar years prior to 2020, the annual license fee shall be $100 plus $4 for each mobile home space
in the park. Beginning in calendar year 2020, the annual license fee shall be $250 plus $7 for each mobile home space
in the park. Annual license fees submitted after April 30 shall be subject
to a $50 late fee.  The licensee shall also complete and return a license
renewal application by March 31 of each year.For notifications sent prior to the effective date of this amendatory Act of the 101st General Assembly, the licensee shall pay to the Department within 30 days of receipt of
notification from the Department $6 for each additional mobile
home site added to his park under authority of a written permit to alter
the park as provided in Section 4.2 of this Act, payment for the additional
mobile home sites to be made and an amended license therefor obtained
before any mobile homes are accommodated on the additional mobile home
spaces. The Department shall issue an amended license to cover such
additional mobile home sites, when they are to be occupied before the end
of the license year, for which an annual license has been previously issued.
For notifications sent on or after the effective date of this amendatory Act of the 101st General Assembly, the licensee shall pay to the Department within 30 days of receipt of
notification from the Department $11 for each additional mobile
home site added to his park under authority of a written permit to alter
the park as provided in Section 4.2 of this Act, payment for the additional
mobile home sites to be made and an amended license therefor obtained
before any mobile homes are accommodated on the additional mobile home
spaces. The Department shall issue an amended license to cover such
additional mobile home sites, when they are to be occupied before the end
of the license year, for which an annual license has been previously issued.Subsequent to the effective date of this Act, an applicant
for an original license to operate a new park constructed under a permit
issued by the Department shall only be required to pay 1/4 of the annual
fee if such park begins operation after the 31st day of January and before
the 1st day of May of such licensing year; or 1/2 of the annual fee if such
park begins operation after the 31st day of October and before the 1st day
of February of such licensing year or 3/4 of the annual fee if such park
begins operation after the 31st day of July and before the 1st day of
November of such licensing year; but shall be required to pay the entire
annual fee if such park begins operation after the 30th day of April and
before the 1st day of August of such licensing year.Each license fee shall be paid to the Department and any license fee or
any part thereof, once paid to and accepted by the Department shall not be
refunded.The Department shall deposit all funds received under this Act
into the Facility Licensing Fund.  Subject to appropriation, moneys in
the Fund shall be used for the enforcement of this Act.

(Source: P.A. 101-454, eff. 8-23-19.) (210 ILCS 115/7) (from Ch. 111 1/2, par. 717)Sec. 7. 
		
		
		Any license granted hereunder shall be subject to revocation or
suspension by the Department. However, the Department shall first serve or
cause to be served upon the licensee a written notice in which shall be
specified the way or ways in which such licensee has failed to comply with
the statute, or any rules or regulations promulgated by the Department
pertaining thereto. Said notice shall require the licensee to remove or
abate such nuisance, insanitary or objectionable condition, specified in
such notice, within 5 days or within a longer period of time as may be
allowed by the Department. If the licensee fails to comply with the terms
and conditions of said notice, within the time specified or such extended
period of time, the Department may revoke or suspend such license.
		(Source: P.A. 77-1472.) (210 ILCS 115/8) (from Ch. 111 1/2, par. 718)Sec. 8. 
		
		No person, firm or corporation shall construct a mobile home park
without first obtaining a permit to do so. All permits to construct, all
licenses to operate, and all permits to make alterations therein shall be
prominently displayed in the park office. All licenses issued under
this Act shall be transferable only with the written consent of the
Department, provided, however, that the Department may not withhold such
consent where the provisions of this Act have been met.
The new licensee shall provide to the Department the information required
in paragraphs (a), (c) and (e) of Section 4.
		(Source: P.A. 85-565.) (210 ILCS 115/9) (from Ch. 111 1/2, par. 719)Sec. 9. 
Each mobile home park licensed or to be constructed under the
provisions of this Act shall be operated and maintained in accordance with the
requirements of Sections 9.1 to 9.16, inclusive, of this
Act.
(Source: P.A. 98-540, eff. 1-1-14.) (210 ILCS 115/9.1) (from Ch. 111 1/2, par. 719.1)Sec. 9.1. 
		
		Every park shall be managed by a responsible individual
whose name, address and telephone number shall be on file at all times
with the Department and whose duty it shall be to maintain the park, its
facilities and equipment in a clean, orderly and sanitary condition, and
shall be responsible, with the licensee, for any violation of the
provisions of this Act.
		(Source: P.A. 85-565.) (210 ILCS 115/9.2) (from Ch. 111 1/2, par. 719.2)Sec. 9.2. 
		
		
		No park shall be so located that the drainage of the park area will
endanger any water supply. All such parks shall be well drained. No waste
water shall be deposited on the surface of the ground within the mobile
home park.
		(Source: P.A. 77-1472.) (210 ILCS 115/9.3) (from Ch. 111 1/2, par. 719.3)Sec. 9.3. 
		
		Each site on which a mobile home is accommodated shall have a
minimum area of 2,500 square feet, provided that sites existing in parks or
approved by the Department for construction prior to August 21, 1967, shall
contain an area of not less than 1,000 square feet, and sites constructed
between August 21, 1967 and the effective date of this amendatory Act of
1987 shall contain an area of not less than 2,100 feet.No mobile home shall be parked closer than 5 feet to the side lot lines
of a park, or closer than 10 feet to a public street, alley or building.
Each individual site shall abut or face on a private or public street.  All
streets shall have unobstructed access to a public street. There shall be an
open space of at least 10 feet adjacent to the sides of every mobile home
and at least 5 feet adjacent to the ends of every mobile home.
		(Source: P.A. 85-565.) (210 ILCS 115/9.4) (from Ch. 111 1/2, par. 719.4)Sec. 9.4. 

An adequate supply of water of safe, sanitary quality, approved by the
Department shall be furnished at each park. Where water from other sources
than that supplied by a city or village is proposed to be used, the source
of such supply shall first be approved by the Department. Each mobile home shall have a connection to a public water system, a semi-private water system, or a private water supply constructed in accordance with the requirements of the Illinois Water Well Construction Code or the Surface Source Water Treatment Code.
(Source: P.A. 101-454, eff. 8-23-19.) (210 ILCS 115/9.5) (from Ch. 111 1/2, par. 719.5)Sec. 9.5. 
		
		
		All sewage and other water carried wastes shall be disposed of into a
municipal sewerage system whenever the interceptor or sewer main of such
system is adjacent to the park. In parks in which such connections are not
available, disposal shall be into a private system which includes a
sanitary means of disposal, the operation of which creates neither a
nuisance nor a menace to health.
		(Source: P.A. 77-1472.) (210 ILCS 115/9.6) (from Ch. 111 1/2, par. 719.6)Sec. 9.6. 
		
		
		When a water carriage system of sewage is used each site shall be
provided with a sewer connection for the combined liquid waste outlet or
outlets of each mobile home. It shall be the duty of the owner or operator
of said park to provide an approved type of water and odor tight connection
from the mobile home water drainage to the sewer connection, and it shall
be the duty of said owner or operator to make such connection and keep all
occupied mobile homes, connected to said sewer while located in the park.
Sewer connections in unoccupied sites shall be so closed that they will
emit no odors or cause a breeding place for flies. No water or waste shall
be allowed to fall on the ground from a mobile home.
		(Source: P.A. 77-1472.) (210 ILCS 115/9.7) (from Ch. 111 1/2, par. 719.7)Sec. 9.7. 
		
		
		A sufficient number of adequate flyproof and watertight containers in
accordance with Rules and Regulations adopted by the Department shall be
supplied for the storage of garbage except where an adequate incinerator is
provided.Garbage containers shall be emptied at least once a week and shall not
be filled to overflowing, or allowed to become foul smelling or a breeding
place for flies.Garbage and rubbish shall be disposed of in a manner which creates
neither a nuisance nor a menace to health and which is approved by the
Department.
		(Source: P.A. 77-1472.) (210 ILCS 115/9.8) (from Ch. 111 1/2, par. 719.8)Sec. 9.8. 

Adequate insect and rodent control measures shall be employed. All
buildings shall be fly proof and rodent proof, and rodent harborages shall not be
permitted to exist in the park or pathways. All mobile homes shall be skirted to exclude rodents and provide protection to the homes' utilities from the weather. 
(Source: P.A. 101-454, eff. 8-23-19; 102-558, eff. 8-20-21.) (210 ILCS 115/9.9) (from Ch. 111 1/2, par. 719.9)Sec. 9.9. 

Mobile homes in mobile home parks shall each be equipped with fire
extinguishers in working order, one in each end of the mobile home.Inspection of any such equipment and enforcement of any Rules and
Regulations adopted pursuant to this paragraph shall be the duty of the
State Fire Marshal and local law enforcement agencies in the county or
municipality where the mobile home park is located.
(Source: P.A. 96-1000, eff. 7-2-10.) (210 ILCS 115/9.10) (from Ch. 111 1/2, par. 719.10)Sec. 9.10. 
Porches, carports, garages, sheds, awnings, skirting, and
auxiliary rooms shall be constructed of materials specified by rule.
(Source: P.A. 101-454, eff. 8-23-19.) (210 ILCS 115/9.11) (from Ch. 111 1/2, par. 719.11)Sec. 9.11. 
		
		All streets in every park must be maintained in a passable
and reasonably dust-proof condition at all times.
		(Source: P.A. 85-565.) (210 ILCS 115/9.12) (from Ch. 111 1/2, par. 719.12)Sec. 9.12. 
		
		
		The management of every park shall assume full responsibility for
maintaining in good repair and condition all sanitary, electrical and
safety appliances in the park, and shall promptly bring such action as is
necessary to prosecute or eject from the park any person or persons who
willfully or maliciously damage such appliances, or any person or persons
who fail to comply with the regulations of this Act.
		(Source: P.A. 77-1472.) (210 ILCS 115/9.13) (from Ch. 111 1/2, par. 719.13)Sec. 9.13. 
		
		
		Electrical outlets for each individual site shall be provided and the
installation shall be in accordance with all state or local codes and
ordinances.
		(Source: P.A. 77-1472.) (210 ILCS 115/9.14) (from Ch. 111 1/2, par. 719.14)Sec. 9.14. 
		
		
		In no event shall a dependent mobile home, or non-permanent shelter or
other vehicle designed or used for sleeping purposes, other than an
independent mobile home, be permitted for occupancy at any time in a mobile
home park.
		(Source: P.A. 77-1472.) (210 ILCS 115/9.15)Sec. 9.15. Fire safety. All private water supply systems and hydrants for fire safety purposes in existence on the effective date of this amendatory Act of the 94th General Assembly shall be maintained in operable condition and good repair as defined by the State Fire Marshal or mobile home park licensing agency. A mobile home park that does not have a private water supply system and hydrants shall have an agreement, approved by the State Fire Marshal or licensing agency in consultation with the municipal fire department or the local fire protection district, to provide an adequate and reliable water supply for fire mitigation needs. This agreement shall be signed and dated by the owner of the mobile home park  or his or her designee and by the local fire chief or his or her designee. Certification that this agreement exists shall be signed by the owner of
the mobile home park or his or her designee and by the local fire
chief or his or her designee and submitted with each application for
original licensure or licensure renewal required under Section 6 of this
Act.   A copy of this agreement shall be on file at the local fire
department or fire protection district and posted in public view at the
mobile home park site by the mobile home park owner or his or her designee and available for inspection.Nothing in this Section shall be construed to mandate a mobile home park, constructed prior to 1998, to install new water supply systems or hydrants for fire safety purposes.Each mobile home park shall be inspected annually pursuant to the applicable mobile home park fire protection standards by the municipal fire department or fire protection district that has jurisdictional responsibility for responding to a fire call in that park. As used in this Section, "applicable mobile home park fire protection standards" means (i) in the case of a home rule unit, the fire protection standards ordinance of the municipality or fire protection district that has jurisdictional responsibility for responding to a fire call in that park or (ii)  if there is no  ordinance or in the case of a non-home rule unit, the rules adopted by the Office of the State Fire Marshal for fire safety in mobile home parks.  If, upon inspection, the municipal fire department or fire protection district finds that a park does not meet the applicable fire protection standards, the municipal fire department or fire protection district shall give within 5 working days of the inspection a written notice of violation to the licensee and to the Department of Public Health of any violation or required modification or repair. The licensee has 30 days after receipt of the written notice to correct the violation or make the required modification or repair. Not less than 30 days after the  licensee's receipt of the notice, the municipal fire department or fire protection district shall reinspect the park and issue a written reinspection report to the licensee and to the Department of Public Health concerning the status of the licensee's compliance with the notice and whether any violation still exists. If the municipal fire department or fire protection district determines on reinspection that a licensee has made a good faith and substantial effort to comply with the notice but that compliance is not complete, the municipal fire department or fire protection district may grant the licensee an extension of time for compliance, as they deem fit, by a written notice of extension of time for compliance issued within 5 working days after the reinspection that identifies what remains to be corrected, modified, or repaired and a date by which compliance must be achieved. If an extension is granted, the municipal fire department or fire protection district shall make another inspection within 10 days after the date set for compliance and issue a final written report to the licensee and the Department of Public Health concerning the status of the licensee's compliance with the notice, written report, and written notice of extension of time for compliance and whether a violation still exists.  If a licensee fails to cure the violation or comply with the requirements stated in the notice of violation, or if a written notice of extension of time for compliance is issued and the final written report states that a violation still exists, the municipal fire department or fire protection district shall notify the Department of Public Health of the licensee's failure to comply with the notice of violation and the written report and shall deliver to the Department for purposes of enforcement under this Section copies of all written notices and reports concerning the violation.Upon receipt of the written reports concerning the violation, the Department shall issue to the licensee a notice of intent to assess civil penalties in the amount of $500 per day, per violation for non-compliance with the written notice of violation issued by the municipal fire department or fire protection district and provide the licensee with the opportunity for an administrative hearing pursuant to the provisions of Section 22 of this Act.Notwithstanding the foregoing provisions of this Section, the enforcement of home rule ordinances and regulations shall be by the appropriate local authorities, including local public health departments, municipal attorneys, and State's Attorneys.A home rule unit may not regulate the legal rights, remedies, and obligations of a licensee under this Section in a manner less restrictive than the regulation by the State of fire safety in a mobile home park under this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and function exercised by the State.This Section does not apply to any mobile home park located within a home rule county if the  home rule county actively regulates mobile home parks.

(Source: P.A. 94-1080, eff. 6-1-07; 95-832, eff. 1-1-09.) (210 ILCS 115/9.16)Sec. 9.16. Disclosure of the manufacture of methamphetamine in a mobile home. When a licensee or owner of a  mobile home park has been notified in writing by law enforcement authorities that one of the mobile homes in the mobile home park has been used for the manufacture

    of methamphetamine as

    defined in Section 10 of

    the Methamphetamine Control

    and Community Protection Act, then the licensee or owner of the mobile home park shall inform a potential buyer of the mobile home that law enforcement authorities have notified the licensee or owner in writing that the mobile home has been used for the manufacture of methamphetamine.The obligation of disclosure shall be imposed on the licensee or owner of the mobile home park only if the licensee or owner receives a written application for residency in the mobile home park from the prospective buyer prior to the prospective buyer acquiring the home and such application specifically identifies the applicable home and that the prospective buyer may acquire the home. If the licensee or owner provides the required disclosure to the prospective buyer, then the seller of the mobile home shall not have any right to seek legal or equitable remedies against the licensee or owner on account of or in any way related to the disclosure, even if it is determined that the disclosure was not required to be made under this Section (for example, if the disclosure results in the prospective buyer not acquiring the mobile home, then the seller of the mobile home may not seek any redress or equitable remedies against the licensee or owner providing the disclosure in any way related to or resulting from the disclosure). If a licensee or owner violates this Section as determined by an impartial hearing examiner appointed by the Director of Public Health, then: (i) a prospective buyer shall not have any redress or cause of action against a licensee or owner for such failure; (ii) a violation shall not be subject to the terms of Section 19 of this Act; and (iii) the only liability a licensee or owner shall have for a violation of this Section shall be the payment of a fine in an amount determined by the examiner after the conclusion of a hearing and the examiner determining that the licensee or owner, as applicable, violated this Section, such fine not to exceed $2,000 for each violation. 
(Source: P.A. 98-540, eff. 1-1-14.) (210 ILCS 115/10.1) (from Ch. 111 1/2, par. 720.1)Sec. 10.1. 
		
		
		When community kitchens, dining rooms, laundries, or other facilities
are provided, such facilities and equipment as are supplied must be
maintained in a sanitary condition and kept in good repair, and subject to
such rules and regulations as may be issued by the Department.
		(Source: P.A. 77-1472.) (210 ILCS 115/10.2) (from Ch. 111 1/2, par. 720.2)Sec. 10.2. 
		
		
		All buildings constructed or altered, all plumbing, and all electrical
and heating installations shall be in accordance with existing municipal
and county building ordinances and the rules and regulations of the
Department.
		(Source: P.A. 77-1472.) (210 ILCS 115/11) (from Ch. 111 1/2, par. 721)Sec. 11. 
		
		When the Department has approved an application for a permit to
construct or make alterations upon a mobile home park or the appurtenances
thereto or a license to operate and maintain the same, it shall retain the
original and keep a file thereof.  The Department shall notify
the clerk of the municipality if the park is located within the limits of a
municipality or the county clerk if said park is located outside the limits
of a municipality of all approved applications for construction of new
parks or expansion of licensed parks.The Department shall draft and supply all forms and blanks and specify
the number and detail necessary to obtain permits to construct or make
alterations upon parks; and for a license to operate and maintain such a
park according to this Act.
		(Source: P.A. 85-565.) (210 ILCS 115/12) (from Ch. 111 1/2, par. 722)Sec. 12. 
		
		
		The Department shall keep a record of all mobile home parks; said
records to show the names and addresses of all parks, names and addresses
of the licensees, number of mobile home lots in each park, source of water
supply, system of sewage and garbage disposal, and any other information
desired by the Department.The Department shall supply licensees of all parks with any and all
health rules and regulations pertaining thereto made by the Department, and
any change or changes that may be made from time to time and such rules and
regulations shall be posted by the management of such park in a protected,
conspicuous place within the park.
		(Source: P.A. 77-1472.) (210 ILCS 115/13) (from Ch. 111 1/2, par. 723)Sec. 13. 
		
		A register shall be maintained by the manager of each mobile
home park. Such register shall include the name and address of
the owner of each mobile home and every occupant of such mobile home
and the square feet of floor space contained in such mobile home and the
date of entry of such mobile home into the park. The
register shall be signed by the owner or occupant of the mobile home.
Any person furnishing misinformation for purposes of registration shall
be deemed guilty of a Class A misdemeanor. The registration records
shall be neatly and securely maintained, and no registration records
shall be destroyed until six years have elapsed following the date of
registration. The register shall be available for inspection upon request
by all law enforcement officers and by the Department.
		(Source: P.A. 85-565.) (210 ILCS 115/18) (from Ch. 111 1/2, par. 728)Sec. 18. 
		
		
		In addition to the license provided in Section 3 of this Act, any county
or municipality in this State may provide for the licensing of a mobile
home park within its corporate limits; provided, such license shall not
serve to exempt such park from the license and fee provided in Section 3;
and, further provided, such county or municipality shall not charge a fee
greater than $50 per calendar year for such municipal or county license.
		(Source: P.A. 77-1472.) (210 ILCS 115/19) (from Ch. 111 1/2, par. 729)Sec. 19. Violations; penalties.(a) Whoever violates any provision of this Act, shall, except as
otherwise
provided, be guilty of a Class B misdemeanor. Each day's violation shall
constitute a separate offense. The State's Attorney of the county in which
the violation occurred, or the Attorney General shall bring such actions in
the name of the people of the State of Illinois, or may, in addition to
other remedies provided in this Act, bring action for an injunction to
restrain such violation, or to enjoin the operation of any such mobile home
park.(b) The Department may also impose an administrative monetary penalty against a person
who operates a mobile home park in violation of this Act or the rules adopted
under the authority of this Act.  The Department shall establish the amount of the penalties by rule.  The Department must provide the person with  written notification of the
alleged violation. The Department shall adopt rules defining classes of violations and allowing a minimum number of days for correction of each class of alleged violation.In addition, before imposing an administrative monetary penalty under this subsection, the Department must provide the following to the person operating the mobile home park:(1) Written notice of the person's right to request     an administrative hearing on the question of the alleged violation.(2) An opportunity to present evidence, orally or in     writing or both, on the question of the alleged violation before an impartial hearing examiner appointed by the Director of Public Health.(3) A written decision from the Director of Public     Health, based on the evidence introduced at the hearing and the hearing examiner's recommendations, finding that the person violated this Act.The Attorney General may bring an action in the circuit court to enforce the collection of an administrative monetary penalty imposed under this subsection.The Department shall deposit all administrative monetary penalties collected under this subsection into the Facility Licensing Fund.  Subject to appropriation, moneys in the Fund shall be used for the enforcement of this Act.
(Source: P.A. 101-454, eff. 8-23-19.) (210 ILCS 115/20) (from Ch. 111 1/2, par. 730)Sec. 20. 
		
		
		Nothing in this Act shall be construed to include the state parks of
Illinois and the term "Mobile home park" shall not be construed to include
buildings, tents, or other structures maintained by any individual or
company on their own premises and used exclusively to house their own farm
labor, or any military establishment of the United States or of this State
wherein a travel trailer or mobile home may be located or harbored, or any
park or State or county fairgrounds for a period during, immediately prior
to and immediately subsequent to the holding of the fair not to exceed a
total of two weeks in all, or the area or premises on any farm upon which
are harbored travel trailers, or mobile homes occupied by persons employed
upon such farm for not more than 120 days in any calendar year in the
production, harvesting or processing of agricultural or horticultural
products produced on such farm, or any park owned or operated by any
municipality or county; provided, such municipality or county shall meet
sanitary and safety provisions, keep a register, and make reports, as
required by this Act for a licensee.
		(Source: P.A. 77-1472.) (210 ILCS 115/21) (from Ch. 111 1/2, par. 731)Sec. 21. The Department shall enforce the provisions of this Act and the
rules and regulations adopted pursuant thereto affecting health,
sanitation, water supply, sewage, garbage, fire safety,  and waste disposal, and the
Department shall inspect, at least once each year, each mobile home park
and all the accommodations and facilities therewith. Such officials or
officers are hereby granted the power and authority to enter upon the
premises of such parks at any time for the purposes herein set forth.The Department may issue rules and regulations to carry out the
provisions of this Act.  Such rules may contain provisions for the
Department to grant a waiver to a mobile home park, if the intent and
purpose of the Act are met.The Department is empowered to assess civil penalties for violations of Section 9.15 of this Act. Civil penalties in the amount of $500 per day, per violation shall be assessed for non-compliance with the written notice of violation issued by a municipal fire department or fire protection district.  An additional civil penalty of $500 per day of violation shall be assessed against a licensee who knowingly rents or offers for rent a mobile home or mobile home site without taking appropriate corrective action to remedy a notice of violation issued by a municipal fire department or fire protection district. The first day of violation for purposes of assessing a fine shall be the date of the licensee's receipt of the written report following the reinspection, if the written report states that a violation still exists. If a written notice of extension of time for compliance is issued and the final written report states that a violation still exists, the first day of violation for purposes of assessing a fine shall be the date of the licensee's receipt of the final written report.  The Department shall deposit all fees and fines collected under this Act into the Facility Licensing Fund.  Moneys in the Fund, subject to appropriation, shall be used for the enforcement of this Act.In the administration and enforcement of this Act, the Department may
designate and use full-time city or county health departments as its agents
in making inspections and investigations.
		(Source: P.A. 94-1080, eff. 6-1-07.) (210 ILCS 115/22) (from Ch. 111 1/2, par. 732)Sec. 22. 
		
		Any person refused a permit to construct or alter a park or a
license, or whose license is suspended or revoked, shall have the right to a hearing
before the Department. A written notice of a request for such a hearing
shall be served upon the Department within 20 days of such refusal of a
permit to construct or alter or refusal of a license or suspension or
revocation thereof. The Director shall give written notice of such
decision, by registered mail, to the park operator or the applicant, as the
case may be, within 5 days of such refusal, suspension or revocation.The hearing shall be conducted by the Director, or a duly qualified
employee of the Department designated in writing by the Director as a
Hearing Officer.The Director or Hearing Officer may compel by subpoena or subpoena duces
tecum the attendance and testimony of witnesses and the production of books
and papers, and administer oaths to witnesses. The hearing shall be
conducted at such place as designated by the Department, except that
hearings concerning the establishment, operation or licensing of a park in
a county of 1,000,000 or more inhabitants shall be conducted in such
county. The Director shall give written notice of the time and place of
hearing, by registered mail, to the park operator or license applicant, as
the case may be, at least 10 days prior to such hearing.The Director or Hearing Officer shall permit the applicant or licensee
to appear in person and to be represented by counsel at the hearing at
which time the applicant or licensee shall be afforded an opportunity to
present all relevant matter in support of his application for license or
renewal of license or in resisting the revocation thereof.In the event of the inability of any party, or the Department, to
procure the attendance of witnesses to give testimony or produce books and
papers, such party or the Department may take the deposition of witnesses
in accordance with the law pertaining to the taking of depositions in
civil cases in the circuit courts of this State.
All testimony taken at a hearing shall be reduced to writing, and all such testimony and
other evidence introduced at the hearing shall constitute a part
of the record of the hearing.The Director shall make findings of fact in such hearing, and the
Director shall render his or her decision within 30 days after the termination
of the hearing, unless additional time is required by him or her for
a proper disposition of the matter. When the hearing
has been conducted by a Hearing
Officer, the Director shall review the record before rendering a decision.
It shall be the duty of the Director to forward a copy of his or her
decision, by registered mail, to the park operator or applicant, as the case may be,
within 5 days of rendering such decision.Technical errors in the proceeding before the Director or Hearing
Officer or their failure to observe the technical rules of evidence shall
not constitute grounds for the reversal of any administrative decision
unless it appears to the court that such error or failure materially
affects the rights of any party and results in substantial injustice to
him.All subpoenas issued by the Director or Hearing Officer may be served as
provided for in civil actions. The fees of witnesses for
attendance and travel shall be the same as the fees for witnesses before
the Circuit Court and shall be paid by the party to such proceeding at whose request the
subpoena is issued. If such subpoena is issued at the request of the
Department, the witness fee shall be paid as an administrative expense.In cases of refusal of a witness to attend or testify, or to produce
books or papers, concerning any matter upon which he might be lawfully
examined, the Circuit Court of the county wherein the hearing is held, upon
application of any party to the proceeding, may compel
obedience by proceeding for contempt as in cases of a like refusal to obey
a similar order of the Court.The Department shall not be required to certify any record or file any
answer or otherwise appear in any proceeding for judicial review unless the
party filing the complaint deposits with the clerk of the court the sum of
95 cents per page representing costs of such certification. Failure on the
part of the plaintiff to make such deposit shall be grounds for dismissal
of the action.
		(Source: P.A. 83-334.) (210 ILCS 115/22.1) (from Ch. 111 1/2, par. 732.1)Sec. 22.1. 
		
		The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that in
case of conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rule-making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.
		(Source: P.A. 88-45.) (210 ILCS 115/23) (from Ch. 111 1/2, par. 733)Sec. 23. 
		
		The Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted pursuant
thereto, shall apply to and govern all proceedings for judicial review of
final administrative decisions of the Department hereunder. The term
"administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.
		(Source: P.A. 82-783.) (210 ILCS 115/24) (from Ch. 111 1/2, par. 734)Sec. 24. 
		
		
		If any one or more of the provisions of this Act is declared
unconstitutional or the application thereof is held invalid, the validity
of the remainder of the Act and the application of such provisions to other
persons and circumstances shall not be affected thereby.
		(Source: P.A. 77-1472.) (210 ILCS 115/25) (from Ch. 111 1/2, par. 735)Sec. 25. 
		
		
		"An Act in relation to the licensing and regulation of trailer coach
parks", approved July 13, 1953, as amended, is repealed effective midnight,
April 30, 1972.
		(Source: P.A. 77-1472.) (210 ILCS 115/26) (from Ch. 111 1/2, par. 736)Sec. 26. 
		
		This Act does not apply within the corporate limits of
any home rule unit.
		(Source: P.A. 85-565.) (210 ILCS 115/27) (from Ch. 111 1/2, par. 737)Sec. 27. 
		
		This Act shall be known and may be cited as the Mobile Home Park Act.
		(Source: P.A. 85-565.)
(210 ILCS 117/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Abandoned Mobile Home Act.
		(Source: P.A. 88-516.) (210 ILCS 117/5)Sec. 5. 
		Legislative intent and policy. 
		The General Assembly finds
that abandoned mobile homes are a nuisance because they cause
blight and depress property values.  Existing laws create unnecessary
impediments to their speedy and efficient removal and disposal.  This Act
is intended to provide local governments with the authority to remove abandoned
mobile homes while protecting property rights.
		(Source: P.A. 88-516.) (210 ILCS 117/10)Sec. 10. Definitions. As used in this Act:"Manufactured home" means a factory-assembled, completely integrated structure designed for permanent habitation, with a permanent chassis, and so constructed as to permit its transport, on wheels temporarily or permanently attached to its frame, and is a movable or portable unit that is (i) 8 body feet or more in width, (ii) 40 body feet or more in length, and (iii) 320 or more square feet, constructed to be towed on its own chassis (comprised of frame and wheels) from the place of its construction to the location, or subsequent locations, at which it is connected to utilities for year-round occupancy for use as a permanent habitation, and designed and situated so as to permit its occupancy as a dwelling place for one or more persons, and specifically includes a "manufactured home" as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code. The term shall include units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expected to provide additional cubic capacity, and that are designed to be joined into one integral unit capable of being separated again into the components for repeated towing.  The term excludes campers and recreational vehicles. The words "mobile home" and "manufactured home" are synonymous for the purposes of this Act."Abandoned mobile home" means a mobile home located inside a mobile home park that has no owner currently
residing in the mobile home or authorized tenant of the owner currently
residing in the mobile home to the best knowledge of the mobile home park owner or operator or municipality;
has had its electricity,
natural gas, sewer, and water utilities terminated or disconnected 
by the utility companies or mobile home park owner or operator that are providing such services; and for which
the Mobile Home Privilege Tax, imposed under the Mobile Home Local
Services Tax Act, is delinquent for at least 3 months. A mobile home affixed to a foundation and abandoned outside a mobile home park must be treated like other real property for condemnation purposes."Manufactured home owner" means a person who holds title to a manufactured home."Manufactured home resident" means a manufactured home owner who rents space in a mobile home park from a mobile home park owner or operator for the purpose of locating his or her manufactured home or a person who rents a manufactured home in a mobile home park from a mobile home park owner or operator."Mobile home park" has the meaning provided under Section 2.5 of the Mobile Home Park Act."Municipality" means any city, village, incorporated town, or its duly
authorized agent.  If an abandoned mobile home is located in an
unincorporated area, the county where the mobile home is located shall have
all powers granted to a
municipality under this Act.
(Source: P.A. 100-1083, eff. 1-1-19.) (210 ILCS 117/10.1)Sec. 10.1. Proceedings.(a) A proceeding to remove an abandoned mobile home may be maintained by the mobile home park owner or operator in the circuit court in the county in which the manufactured home is situated.(b) A mobile home park owner or operator may commence a proceeding to obtain a judgment of the court declaring that a manufactured home has been abandoned upon proof of all of the following:(1) The manufactured home has been vacant for a     period of not less than 180 days without notice to the mobile home park owner or operator; however, the period shall be 90 days if a judgment of eviction with respect to the manufactured home has been entered.(2) The manufactured home resident has defaulted in     the payment of rent for a period of more than 60 days.(3) At least 30 days before commencing the     proceeding, the mobile home park owner or operator has notified all known holders of liens against the manufactured home, manufactured home owners, and manufactured home residents to the last known address by certified mail, return receipt requested. The notice shall also be sent by certified mail, return receipt requested, to the last person who paid the mobile home privilege tax on the mobile home as shown on the records of the county treasurer of the county where the mobile home is located. Before commencing a proceeding under this Act, the mobile home park owner or operator shall cause a search to be done to determine whether there are any lienholders with an existing interest in the manufactured home. The notice shall include a description of the manufactured home and its location, and that proceedings will be initiated by the mobile home park owner or operator under this Section for the removal and disposal of the manufactured home. The notice shall also describe the procedure for the manufactured home owner or  manufactured home resident to retrieve any household goods or other personal property in the manufactured home before the conclusion of proceedings under this Section.(4) At least 3 of the following factors apply:(A) the manufactured home has no owner currently         residing in the home or authorized tenant of the owner currently residing in the home to the best knowledge of the mobile home park owner or operator;(B) electricity, natural gas, sewer, and water         utility services to the manufactured home have been terminated or disconnected by the utility provider or the mobile home park owner or operator;(C) the mobile home privilege tax, imposed under         the Mobile Home Local Services Tax Act, is delinquent for at least 3 months;(D) the manufactured home is in a state of         substantial disrepair that makes the manufactured home uninhabitable; or(E) other objective evidence of abandonment that         the court finds reliable.(c) A proceeding under this Act shall be commenced by filing a complaint naming as defendants all known holders of liens against the manufactured home, manufactured home owners, and manufactured home residents. The complaint shall comply with the requirements of a complaint under the Code of Civil Procedure. The summons shall state that if the defendant fails to answer and establish any defense that he or she may have, then he or she may be precluded from asserting such defense or the claim on which it is based in any other proceeding or action, that a final judgment may be entered if the court finds that the plaintiff has made the requisite showing, and that the result of that final judgment shall be the loss of the manufactured home resident's home. Service of the summons and complaint, return of process, and filing of an answer or other responsive pleading shall conform to the requirements of the Code of Civil Procedure and Supreme Court Rules.(d) Upon the entry of a judgment that a manufactured home has been abandoned, the mobile home park owner or operator shall execute the judgment and cause the removal of the manufactured home from the mobile home park within 30 days after delivery of the judgment.(e) The judgment shall clearly recite that a declaration of abandonment has been granted and that the manufactured home will be removed from the mobile home park no later than the 30th day after the delivery of the judgment unless an alternate disposition is ordered under subsection (f).(f) As used in this subsection, "diligent inquiry" means sending a notice by certified mail to the last known address.In lieu of ordering the removal of a manufactured home, the court may, upon good cause shown, provide for an alternate disposition of the manufactured home, including, but not limited to, sale, assignment of title, or destruction. When a manufactured home is disposed of under this Section through a sale of the manufactured home, the mobile home park owner or operator shall, after payment of all outstanding rent, fees, costs, and expenses to the community, and payment in priority order to lienholders, including providers of any utility services, pay any remaining balance to the title holder of the manufactured home.  If the title holder cannot be found through diligent inquiry after 90 days, then the funds shall be forfeited.(g) If any household goods or other personal property of the defendant remain in the manufactured home at the conclusion of proceedings under this Act, then the mobile home park owner or operator shall provide for the storage of the household goods and personal property for a period of not less than 30 days after the date of the final judgment of the court providing for the disposition of the manufactured home. If the household goods or other personal property are stored in a self-storage facility, then an amount equal to the charges imposed for such storage may be recovered from the defendant. Upon the expiration of such period, the mobile home park owner or operator: (1) has no further liability for the storage or safekeeping of such household goods or personal property; and (2) may provide for the destruction or other disposition of such household goods or personal property. At least 20 days before removing any household goods or other personal property of the defendant that remains in the manufactured home at the conclusion of proceedings under this Act, the mobile home park owner or operator shall send all known manufactured home owners and manufactured home residents written notice to the last known address by certified mail, return receipt requested. The notice shall include a description of the procedures, deadlines, and costs for the retrieval of items being stored in accordance with this subsection (g). 
(Source: P.A. 100-1083, eff. 1-1-19.) (210 ILCS 117/15)Sec. 15. Authorization. The corporate authority of a municipality may
remove and
dispose of any abandoned mobile home found within the municipality and may
legally enter upon any land to do so if the mobile home park owner or operator of the mobile home park where the abandoned mobile home is located has not initiated proceedings under Section 10.1 of this Act within 45 days after written notice to the mobile home park owner or operator by certified mail, return receipt requested stating that the corporate authority intends to take action under this Act. The notice to the mobile home park owner or operator shall specify the location of the abandoned mobile home in the park. This amendatory Act of the 100th General Assembly shall not be construed to affect any other authorization or obligation of the corporate authority under this Act.
(Source: P.A. 100-1083, eff. 1-1-19.) (210 ILCS 117/20)Sec. 20. 
		Exemption from liability. 
		An entity that removes, sells, or
disposes of a mobile home under the authority of this Act shall not be liable
for any damages caused by the removal, sale, or disposal.
		(Source: P.A. 88-516.) (210 ILCS 117/25)Sec. 25. 
		Notice.(a) Before removing an abandoned mobile home, the
municipality shall send written
notice as provided in subsection (c) by certified mail, return receipt
requested, to
each owner and each
lienholder who appears on the records of the
Secretary of State, and to each owner of record of
the land upon which the mobile home is located.
The notice shall also be sent by certified mail, return receipt requested,
to the last person who paid the mobile home privilege tax on the
mobile home as shown on the records of the County Treasurer of the county
where the mobile home is located.(b) If the owner, lienholder, or other
legally entitled person does not sign for the notice sent to him or her by
certified mail, then that
person shall be notified by publication as provided in subsection (c) in
a newspaper of general
circulation in the municipality or a newspaper of general circulation in
the county if no newspaper exists in the municipality or the county is
responsible for the notice.  The notice must be published once a week for 3
consecutive weeks.
 If the Secretary of State
has no record of title for the mobile home, and if after diligent
search, the name and address of the owner, lienholder or other legally
entitled person cannot be ascertained, then
the municipality shall publish the notice as provided in subsection (c) in a newspaper
of general circulation in
the municipality once a week for 3 consecutive weeks.(c) The notice required under this Section shall be in substantially the
following form:"TO:_________________________________________________________________________________________________________Date of Notice:______________You are notified that the (name municipality) has     declared that a certain mobile home (describe mobile home in terms of size, color, make, and model, if known) located at (give address or describe location) is an abandoned mobile home within the meaning of the Abandoned Mobile Home Act. Unless all delinquent mobile home privilege taxes (including penalty and interest) are paid and electric and water service restored to this mobile home within 30 days of the date of this notice, the (name of municipality) shall remove and dispose of the mobile home, and it shall be disposed of or sold at public auction free and clear of any existing liens.If you have any questions regarding this notice, you     should contact the following person.
		________________________(Agent for municipality)________________________(Address)________________________(Telephone Number)"
		If notice was mailed, the effective date of the notice shall be the date it
was mailed, if notice was published, the effective
date shall be the first date the notice appeared in the newspaper.
		(Source: P.A. 88-516.) (210 ILCS 117/30)Sec. 30. 
		Disposal or auction. 
		If the owners or lien
holders of the mobile home fail to restore the electric and
water service and to pay all taxes, interest, and penalties within the 30 day
period following the effective date of the notice, then the municipality
shall obtain title to the mobile home and may
remove the mobile home and dispose of it unless the municipality determines
that it is worthwhile to attempt
to sell it at a public auction.
If no bids are received, then the mobile home may be disposed of in any
manner authorized by this Act.Notice of the time and place of the auction shall be posted where
the auction will take place in a
conspicuous place at least 10 days before the auction.  At least 10 days before
the
auction, the municipality shall also send notice of the auction by certified
mail to each owner and lien
holder who was originally notified by certified mail.  This notice shall
include a description of the mobile home and shall inform the owner or
lienholder, or both, that they can reclaim the mobile home if they establish
before
the auction that they have a right to possession, submit written proof that
electric and
water service has
been restored to the mobile home, submit written proof that all taxes,
including interest and
penalties, have been paid, and that the municipality has been reimbursed
for all incidental expenses, including the cost of notice described in Section
25.
		(Source: P.A. 88-516.) (210 ILCS 117/35)Sec. 35. 
		Ultimate responsibility of mobile home owner. 
		If a
municipality disposes of or auctions off a mobile home at a financial loss,
the person having record title at the time these proceedings began shall
be ultimately responsible for all reasonable losses incurred by a municipality.
		(Source: P.A. 88-516.) (210 ILCS 117/40)Sec. 40. 
		Transportation. 
		Transportation of an abandoned mobile home
over the public streets
and highways of this State under this Act shall not require registration
plates issued under the Illinois Vehicle Code or a permit certifying payment
of the mobile home tax under the Mobile Home Local Services Tax Act for the
current
year.
		(Source: P.A. 88-516.) (210 ILCS 117/45)Sec. 45. 
		Transfer of title. 
		If a municipality chooses, it may
transfer title and all responsibilities for an abandoned mobile home to its
agent for the sole purpose of removal by sale or disposal.  If this
option is utilized, any expenses incurred or profits realized from the
legal sale or disposal shall be with the agent.
		(Source: P.A. 88-516.) (210 ILCS 117/50)Sec. 50. 
		Proceeds. 
		When a mobile home is disposed of under this Act, the
proceeds of the public sale or disposition, after deduction of all towing,
storage, processing charges, and payment in priority order to lienholders,
including providers of any utility services, shall be deposited into the
municipality's treasury.
		(Source: P.A. 88-516.) (210 ILCS 117/55)Sec. 55. 
		Salvage and junking certificates. 
		When an applicant for a
salvage or junking certificate
presents the Secretary of State with proof that the applicant has
purchased or acquired a mobile home at a public sale authorized by this
Act, and the local law enforcement agency
having jurisdiction over the public sale of a vehicle certifies this fact,
the Secretary of
State shall issue the salvage or junking certificate
upon receipt of the properly executed application.
The salvage or junking certificate
issued by the Secretary of State under Section 3-117.1 of the Illinois
Vehicle Code shall be
free of any lien that existed against the vehicle before the applicant acquired the
vehicle.
		(Source: P.A. 88-516.) (210 ILCS 117/90)Sec. 90. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 88-516; text omitted.) (210 ILCS 117/95)Sec. 95. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 88-516; text omitted.)
(210 ILCS 120/1) (from Ch. 111 1/2, par. 4401)Sec. 1. 
		
		This Act may be cited as the
Illinois Mobile Home Tiedown Act.
		(Source: P.A. 86-1475.) (210 ILCS 120/2) (from Ch. 111 1/2, par. 4402)Sec. 2. 
		
		Unless the context clearly requires otherwise, the following terms
have the meanings ascribed to them in this Section:a.  "Department" means the Illinois Department of Public Health;b.  "installer" means any person who anchors or ties down a mobile home;c.  "person" means any natural person, corporation, partnership,
association or other entity;d.  "tiedown equipment" means any fixtures or equipment which is used for
the purpose of securing the mobile home to the supporting foundation, to
the ground, or to any other type of structure; ande.  "mobile home park" means a tract of land or 2 or more contiguous
tracts of land upon which contain sites with the necessary utilities for 5
or more independent mobile homes for permanent habitation either free of
charge or for revenue purposes, and shall include any building, structure,
vehicle, or enclosure used or intended for use as a part of the equipment
of such mobile home park.  Separate ownership of continuous tracts of land
shall not preclude the tracts of land from common licensure as a mobile
home park if they are maintained and operated jointly.  Neither an
immobilized mobile home nor a motorized recreational vehicle shall be
construed as being a part of a mobile home park.
		(Source: P.A. 86-595.) (210 ILCS 120/3) (from Ch. 111 1/2, par. 4403)Sec. 3. 
		
		The Department shall promulgate standards and regulations for
the manufacture, sale and use of equipment used for the tiedown of mobile
homes installed in this State. Such standards and regulations shall not
prohibit any mobile home owner from installing his own tiedown equipment so
long as such equipment and the installation procedures are in compliance
with this Act and any rules and regulations promulgated hereunder.
		(Source: P.A. 86-595.) (210 ILCS 120/4) (from Ch. 111 1/2, par. 4404)Sec. 4. 
		
		No person shall knowingly sell, offer for sale, or cause to be sold or
offered for sale any tiedown equipment which does not meet or exceed the
standards promulgated
by the Department in accordance with this Act.
		(Source: P.A. 81-587.) (210 ILCS 120/5) (from Ch. 111 1/2, par. 4405)Sec. 5. 
		
		The owner of each mobile home installed in Illinois on or after
January 1, 1980, or which is moved from one lot to another after that date,
shall be responsible to insure that approved tiedown equipment is obtained
and used to secure the mobile home to the surface upon which it is to rest
when occupied.  After January 1, 1990, the owner of each mobile home park
shall make available to the owner of any mobile home moved within or into
their mobile home park with a copy of the Mobile Home Owner's Tiedown Guide
pamphlet prepared by the Department.  This pamphlet shall be made available
to the homeowner prior to the installation of the home.  The Department
shall be responsible for providing these pamphlets to each mobile home park
owner.  The installer of such equipment shall secure the mobile home in
accordance with this Act and all rules and regulations promulgated under
the authority of this Act.
		(Source: P.A. 86-595.) (210 ILCS 120/6) (from Ch. 111 1/2, par. 4406)Sec. 6. 
		
		Any person who violates any provision of this Act or of a rule or regulation
promulgated thereunder is guilty of a business offense, and shall be fined
$100 for each violation.a. Each day on which tiedown equipment is offered for sale in violation
of Section 4 of this
Act constitutes a separate offense.b. Each mobile home installed in violation of Section 5 constitutes a
separate offense.
		(Source: P.A. 81-587.) (210 ILCS 120/7) (from Ch. 111 1/2, par. 4407)Sec. 7. 
		
		The Department shall have the authority to enter at reasonable
times upon a private or public property for the purpose of inspecting and
investigating conditions related to the enforcement of this Act and the
regulations issued hereunder.
		(Source: P.A. 86-595.)
(210 ILCS 125/1) (from Ch. 111 1/2, par. 1201)Sec. 1. 
		Short title. 
		This Act shall be known and may be cited as the
Swimming Facility Act.
		(Source: P.A. 92-18, eff. 6-28-01.) (210 ILCS 125/2) (from Ch. 111 1/2, par. 1202)Sec. 2. Legislative purpose. It is found that there exists, and may in
the future exist, within the
State of Illinois public swimming facilities, including swimming pools, spas, water slides, public
bathing beaches, and other swimming facilities, which
are substandard in one or more important features of safety, cleanliness or
sanitation. Such conditions adversely affect the public health, safety and
general welfare of persons.Therefore, the purpose of this Act is to protect, promote and preserve
the public health, safety and general welfare by providing for the
establishment and enforcement of minimum standards for safety, cleanliness
and general sanitation for all swimming facilities, including swimming pools, spas, water slides,
public bathing beaches, and other aquatic features
now in existence or hereafter constructed, developed, or altered,
and to
provide for
inspection and licensing of all such facilities.(Source: P.A. 96-1081, eff. 7-16-10; 97-957, eff. 1-1-13.) (210 ILCS 125/3) (from Ch. 111 1/2, par. 1203)Sec. 3. Definitions. As used in this Act, unless the context otherwise
requires, the terms
specified in Sections 3.01 through 3.24 have the meanings ascribed
to them
in those Sections.(Source: P.A. 96-1081, eff. 7-16-10; 97-957, eff. 1-1-13.) (210 ILCS 125/3.01) (from Ch. 111 1/2, par. 1203.01)Sec. 3.01. Swimming pool. "Swimming pool" means any artificial basin of
water which is
modified, improved, constructed or installed for the purpose of public
swimming, wading, floating, or diving, and includes: pools for community
use, pools at
apartments, condominiums, and other groups or associations having 5 or more
living units, clubs, churches, camps, schools, institutions, Y.M.C.A.'s,
Y.W.C.A.'s, parks, recreational areas, motels, hotels, health clubs, golf and country clubs, and other commercial
establishments. It does not include pools at private single-family residences intended
only for the use of the owner and guests.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/3.02) (from Ch. 111 1/2, par. 1203.02)Sec. 3.02. 

"Public Bathing Beach" means any body of water, except as defined in
Section 3.01, or that portion thereof used for the purpose of public
swimming or recreational bathing, and includes beaches at: apartments,
condominiums, subdivisions, and other groups or associations having 5 or more living
units, clubs, churches, camps, schools, institutions, parks, recreational
areas, motels, hotels and other commercial establishments. It includes
shores, equipments, buildings and appurtenances pertaining to such areas.
It does not include bathing beaches at private residences intended only for
the use of the owner and guests.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/3.03) (from Ch. 111 1/2, par. 1203.03)Sec. 3.03. 
		
		
		"Applicant" means any person making application for a permit or license.
		(Source: P.A. 78-1149.) (210 ILCS 125/3.04) (from Ch. 111 1/2, par. 1203.04)Sec. 3.04. 
		
		
		"Licensee" means any individual having a license under this Act, any
member of a firm, partnership or association to which a license is issued
under this Act and any corporation having a license under this Act.
		(Source: P.A. 78-1149.) (210 ILCS 125/3.05) (from Ch. 111 1/2, par. 1203.05)Sec. 3.05. 

"Person" means any individual, group of individuals, association, trust,
partnership, limited liability company, corporation, person doing business under an assumed name,
county, municipality, the State of Illinois, or any political subdivision
or department thereof, or any other entity.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/3.06) (from Ch. 111 1/2, par. 1203.06)Sec. 3.06. 
		
		
		"Department" means the Department of Public Health, State of Illinois.
		(Source: P.A. 78-1149.) (210 ILCS 125/3.07) (from Ch. 111 1/2, par. 1203.07)Sec. 3.07. 
		
		
		"Director" means the Director of the Department of Public Health, State
of Illinois.
		(Source: P.A. 78-1149.) (210 ILCS 125/3.08) (from Ch. 111 1/2, par. 1203.08)Sec. 3.08. 
		
		
		"Revocation" means to declare invalid, for an indefinite period of time,
a permit or license issued to the applicant or licensee by the Department.
		(Source: P.A. 78-1149.) (210 ILCS 125/3.09) (from Ch. 111 1/2, par. 1203.09)Sec. 3.09."Suspension" means to declare invalid a permit or license issued to the
applicant or licensee by the Department, for a temporary period of time
with an expectation of resumption.
		(Source: P.A. 78-1149.) (210 ILCS 125/3.10)Sec. 3.10. Spa. "Spa" means a basin of water designed for recreational
or
therapeutic use that is not drained, cleaned, or refilled for each user. It
may
include hydrojet circulation, hot water, cold water mineral bath, air induction
bubbles, or some combination thereof. It includes "therapeutic pools",
"hydrotherapy pools", "whirlpools", "cold spas", "hot spas", and "hot tubs". It does not
include these facilities at individual single-family residences intended for use by the
occupant and his or her guests.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/3.11)Sec. 3.11. 
		Water slide. 
		"Water slide" means a ride with a flow of water and
having a
flume exceeding 30 feet in length.
		(Source: P.A. 92-18, eff. 6-28-01.) (210 ILCS 125/3.12)Sec. 3.12. Swimming facility. "Swimming facility" means a swimming pool,
spa, public bathing
beach, or aquatic feature and its appurtenances, singular or aggregated together, that exists for the purpose of providing recreation or therapeutic services to the public. It does not include isolation or flotation tanks.(Source: P.A. 96-1081, eff. 7-16-10; 97-957, eff. 1-1-13.) (210 ILCS 125/3.13)Sec. 3.13. Spray pool.   "Spray pool" means an aquatic feature that is not a swimming pool and that has structures or fittings for spraying, dumping, or shooting water.  The term does not include features having as a source of water a public water supply that is regulated by the Illinois Environmental Protection Agency or the Illinois Department of Public Health and that has no capacity to recycle water.
(Source: P.A. 96-1081, eff. 7-16-10; 97-957, eff. 1-1-13.) (210 ILCS 125/3.14)Sec. 3.14. Prequalified architect or prequalified professional engineer. "Prequalified architect" or "prequalified professional engineer" means an individual who is prequalified by the Department and is responsible for coordinating the design, planning, and creation of specifications for swimming facilities and for applying for a permit for construction or major alteration.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/3.15)Sec. 3.15. Prequalified swimming facility contractor. "Prequalified swimming facility contractor" means a person  who is prequalified by the Department to perform the construction, installation, modification, or repair of a swimming facility and its appurtenances.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/3.16)Sec. 3.16. Aquatic feature.   "Aquatic feature" means any single element of a swimming facility other than a swimming pool or spa or bathing beach, including, but not limited to, a lazy river, water slide, spray pool, or other feature that provides aquatic recreation or therapy.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/3.17)Sec. 3.17. Lapsed fee.  "Lapsed fee" means the amount charged to a licensee for failing to renew a swimming facility license within one year after the expiration of the license.  This fee is in addition to any other fees associated with renewal of a swimming facility license.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/3.18)Sec. 3.18. Living unit.   "Living unit" means a home, mobile home, duplex unit, apartment unit, condominium unit, or any dwelling unit in a multi-unit residential structure or a campground lot.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/3.19)Sec. 3.19. Major alteration.  "Major alteration" means any change to a swimming facility or its aquatic features or appurtenances that alters the facility's functionality or as-built or as-permitted condition.  This includes, but is not limited to, an alteration of a pool that changes the water surface area, depth, or volume, addition of a permanently installed  appurtenance such as a diving board, slide, or starting platform, modification of the design of the recirculation system, and replacement or modification of a bather preparation facility. It does not include maintenance or minor repair or the replacement of equipment with comparable components.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/3.20)Sec. 3.20. Subsequent inspection.  "Subsequent inspection" means any inspection made by the Department or its agents or certified local health departments that are authorized by local government ordinance to administer and enforce this Act  for purposes of annual renewals, responding to a substantiated complaint, complying with a request by the licensee or its agent, or ensuring compliance with an order of the Department.  The term does not include initial inspections performed by the Department relating to permitted construction, interim compliance inspections, or Department inspections in a case in which no violations are found.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/3.21)Sec. 3.21. Initial review.  "Initial review" means the first review of any submittal made by an applicant for a permit for construction or major alteration, as provided for in Section 5 of this Act. If the requirements of Section 5 are met, a permit shall be issued; otherwise the Department shall issue correspondence indicating deficiencies.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/3.22)Sec. 3.22. Initial inspection. "Initial inspection" means an inspection conducted by the Department to determine compliance with this Act and rules promulgated thereunder in order to approve the operation of a swimming facility after the Department has issued a permit for construction or major alteration.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/3.23)Sec. 3.23. Agent health department. "Agent health department" means a certified local health department that the Department has designated as its agent for making inspections and investigations under Section 11 of this Act.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/3.24)Sec. 3.24. Ordinance health department. "Ordinance health department" means a certified local health department belonging to a unit of local government that has adopted an ordinance electing to administer and enforce this Act and adopting, by reference, the rules adopted and amended from time to time by the Department under the authority of Section 27 of this Act.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/4) (from Ch. 111 1/2, par. 1204)Sec. 4. License to operate. After May 1, 2002,
it shall be unlawful
for any person to open,
establish, maintain or operate a swimming facility within this
State without first obtaining a license therefor from the Department or, where applicable, from the ordinance health department.

Applications for
original licenses shall be made on forms furnished by the Department or, where applicable, by an ordinance health department. Each
application shall be signed by the applicant and
accompanied by an affidavit of the applicant as to the truth of the
application.
 Each application shall contain: the name
and address of the applicant, or names and addresses of the partners if the
applicant is a partnership, or the name and addresses of the officers if
the applicant is a corporation or the names and addresses of all persons
having an interest therein if the applicant is a group of individuals,
association, or trust; and the location of the swimming facility. A
license shall be valid only in the possession of the person to whom it is
issued and shall not be the subject of sale, assignment, or other transfer,
voluntary, or involuntary, nor shall the license be valid for any premises
other than those for which originally issued. Upon receipt of an
application for an original license, the Department or, where applicable, the ordinance health department shall inspect such
swimming facility to insure compliance with this Act. In no case shall license fees be assessed by both the Department and the ordinance health department. (Source: P.A. 96-1081, eff. 7-16-10; 97-957, eff. 1-1-13.) (210 ILCS 125/5) (from Ch. 111 1/2, par. 1205)Sec. 5. Permit for construction or major alteration.  No swimming facility shall be
constructed or altered in a major manner until plans,
specifications, and other information
relative to such swimming facility and appurtenant
facilities as may be
requested on forms provided by the Department are submitted to and reviewed by the Department
and found to comply with minimum sanitary and safety requirements and
design criteria, and until a permit for the construction or major alteration is
issued by the Department. Permits are valid for a period of one year from
date of issue. They may be reissued upon application to the Department and
payment of the permit fee.The fee to be paid by an applicant for a permit for construction, major
alteration, or
installation of each swimming facility shall be in accordance with Sections 8.1, 8.2, and 8.3 of this Act and shall accompany such
application. (Source: P.A. 96-1081, eff. 7-16-10; 97-957, eff. 1-1-13.) (210 ILCS 125/5.1)Sec. 5.1. Permit applications; certification.  Permit applications shall be made by an architect or engineer prequalified in accordance with Section 30 of this Act. Such applications shall include the sealed technical submissions of the prequalified architect or prequalified professional engineer responsible for the application. The requirements for permit applications by a prequalified architect or prequalified professional engineer shall take effect upon adoption of rules to implement Section 30 of this Act.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/5.2)Sec. 5.2. Plan resubmittal.   Those permit applications failing to qualify for a permit for construction or major alteration after review by the Department shall be supplemented within 30 days by a plan resubmittal.  Such resubmittals shall include, but not be limited to, revised plans, specifications and other required documentation sufficient to correct deficiencies in the application and demonstrate compliance with the rules. All plan resubmittals shall be submitted to the Department by a prequalified architect or prequalified professional engineer and shall be accompanied by a fee in accordance with Sections 8.1, 8.2 and 8.3 of this Act. The requirements for plan resubmittal by a prequalified architect or prequalified professional engineer shall take effect upon adoption of rules to implement Section 30 of this Act.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/6) (from Ch. 111 1/2, par. 1206)Sec. 6. License renewal. Applications and fees for renewal of
the license shall be made in writing by the holder of the license, on forms
furnished by the Department or, where applicable, the ordinance health department, shall be accompanied by a license application
fee in accordance with Sections 8.1, 8.2, and 8.3  of this Act for fees assessed by the Department or as established by local ordinance for fees assessed by the ordinance health department, which shall not be refundable, and shall contain any change in
the information submitted since the original license was issued or the
latest renewal granted. In addition to any other fees required under this
Act, a late fee in accordance with Sections 8.1, 8.2, and 8.3 of this Act shall be charged when any renewal application is
received by the Department after the license has expired or as established by local ordinance for fees assessed by the ordinance health department; however, educational
institutions and units of State or local government shall not be required
to pay late fees.  If, after inspection, the Department or the ordinance health department is satisfied
that the swimming facility is in substantial compliance
with the
provisions of this Act and the rules issued thereunder, the
Department or the ordinance health department shall issue the renewal license. No license shall be renewed if the licensee has unpaid fines, fees, or penalties owed to the Department. In no case shall license renewal or late fees be assessed by both the Department and the ordinance health department. (Source: P.A. 96-1081, eff. 7-16-10; 97-957, eff. 1-1-13.) (210 ILCS 125/7) (from Ch. 111 1/2, par. 1207)Sec. 7. Conditional license. If the Department or, where applicable,  the ordinance health department finds that the facilities
of any swimming facility for which a license is sought are not in compliance with the
provisions of this Act and the rules of the Department
relating thereto, but may operate without undue prejudice to the public,
the Department or  the ordinance health department may issue a conditional license setting forth
the conditions on which the license is issued, the manner in which the
swimming facility fails to comply with the Act and such
rules, and shall set forth the time, not to exceed 3 years, within
which the applicant must make any changes or corrections necessary to fully
comply with this Act and the rules of the Department
relating thereto. No more than 3 such consecutive annual conditional licenses may be issued.(Source: P.A. 96-1081, eff. 7-16-10; 97-957, eff. 1-1-13.) (210 ILCS 125/8) (from Ch. 111 1/2, par. 1208)Sec. 8. Payment of fees; display of licenses. All fees and penalties generated under
the authority of this Act, except fees collected by agent health departments or ordinance health departments, shall be deposited into
the Facility Licensing Fund and, subject to appropriation, shall be used by the
Department in the administration of this Act. All fees and penalties shall be submitted in
the form of a check or money order or by other means authorized by the Department, agent health department, or ordinance health department. All
licenses provided for in this Act shall be displayed in a
conspicuous place for public view, within or on such premises. In case of
revocation or suspension, the licensee shall cause the
license to be removed and to post the notice of revocation or suspension
issued by the Department or ordinance health department. Fees for a permit for construction or major alteration, an original license, and a plan resubmittal shall be determined by the total water surface area of the swimming facility, except that aquatic features and bathing beaches shall be charged a fixed fee regardless of water surface area.  License renewal fees assessed by the Department shall be determined by the total water surface area of the swimming facility, except that aquatic features and bathing beaches shall be charged a fixed fee regardless of water surface area. Late renewal, lapsed, initial inspection, and subsequent inspection fees assessed by the Department shall be fixed fees regardless of water surface area.Fees assessed by the Department shall be determined in accordance with the ownership designation of the swimming facility at the time of application. Fees assessed by agent health departments and ordinance health departments may be established by local ordinance. (Source: P.A. 96-1081, eff. 7-16-10; 97-957, eff. 1-1-13.) (210 ILCS 125/8.1)Sec. 8.1. Fee schedule for fees assessed by the Department for all licensees except certain tax-exempt organizations, governmental units, and public elementary and secondary schools.  The fee schedule for fees assessed by the Department for all licensees, except those specifically identified in Sections 8.2 and 8.3 of this Act, shall be as follows:Water Surface ConstructionMajor Plan  Area or Other
Permit Fee  Alteration Fee Resubmittal Feature Fee 0-500 sq ft  $625 $310 $200 501-1,000 sq ft  $1,250 $625 $200 1,001-2,000     sq ft  $1,500 $750 $2002,001 sq ft and up  $1,950 $975 $200Aquatic Feature  $625 $310 $200Bathing Beach  $625 $310 $200 Water Surface Area or OtherOriginal License and License  Feature  Renewal Fee 0-500 sq ft $150 501-1,000 sq ft $300 1,001-2,000 sq ft $400 2,001 sq ft and up $500 Aquatic Feature $150 Bathing Beach $150 Late Renewal Fee $100 Lapsed Fee $150 Inspections Fee Initial Inspection $150 Subsequent Inspection $100 All fees set forth in this Section shall be charged on a per-swimming-facility or per-aquatic-feature basis, unless otherwise noted. 
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/8.2)Sec. 8.2. Fee schedule for fees assessed by the Department for certain tax-exempt organizations. The fee schedule for fees assessed by the Department for a licensee that is an organization recognized by the United States Internal Revenue Service as tax-exempt under Title 26 of the United States Code, Section 501(c)(3) shall be as follows: Water Surface
Construction Major Alteration Plan Area or OtherPermit Fee FeeResubmittalFeatureFee0-500 sq ft  $150 $50 $200 501-1,000 sq ft  $150 $50 $200 1,001-2,000     sq ft  $150 $50 $2002,001 sq ft and up  $150 $200 $200Aquatic Feature  $600 $300 $200Bathing Beach  $150 $50 $200 Water Surface Area or OtherOriginal License and License Feature Renewal Fee0-500 sq ft $0 501-1,000 sq ft $0 1,001-2,000 sq ft $0 2,001 sq ft and up $0 Aquatic Feature $75 Bathing Beach $75 Late Renewal Fee $50 Lapsed Fee $75 Inspections Fee Initial Inspection $0 Subsequent Inspection $100 All fees set forth in this Section shall be charged on a per-swimming-facility or per-aquatic-feature basis. 
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/8.3)Sec.  8.3.  Fee schedule for fees assessed by the Department for certain governmental units and schools. The fee schedule for fees assessed by the Department for a licensee that is a unit of State or local government or a public elementary or secondary school shall be as follows: Water Surface
Construction Major Alteration Plan Area or OtherPermit FeePermit FeeResubmittalFeatureFee0-500 sq ft  $0 $0 $200 501-1,000 sq ft  $0 $0 $200 1,001-2,000     sq ft  $0 $0 $2002,001 sq ft and up  $0 $0 $200Aquatic Feature  $600 $300 $200Bathing Beach  $0 $0 $200 Water Surface Area or OtherOriginal License and License FeatureRenewal Fee0-500 sq ft $0 501-1,000 sq ft $0 1,001-2,000 sq ft $0 2,001 sq ft and up $0 Aquatic Feature $0 Bathing Beach $0 Late Renewal Fee $0 Lapsed Fee $0 Inspections Fee Initial Inspection $0 Subsequent Inspection $100 Construction permit fees and major alteration permit fees set forth in this Section shall be due only if the Department produces an initial review within 60 days after receipt of the application. The fees for aquatic features under this Section shall cover all aquatic features at a particular facility, and an aquatic feature fee is not required for each and every aquatic feature. 
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/9) (from Ch. 111 1/2, par. 1209)Sec. 9. Inspections. Subject to constitutional limitations, the
Department, by its
representatives, after proper identification, is authorized and shall have
the power to enter at reasonable times upon private or public property for
the purpose of inspecting and investigating conditions relating to the
enforcement of this Act and rules issued hereunder. Written notice of
all violations shall be given to each person against whom a violation is alleged.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/10) (from Ch. 111 1/2, par. 1210)Sec. 10. 
		Access to premises. 
		It shall be the duty of the owners,
operators and licensees of swimming
facilities to give the Department and its authorized agents
free access to such premises at all reasonable times for the purpose of
inspection.
		(Source: P.A. 92-18, eff. 6-28-01.) (210 ILCS 125/11) (from Ch. 111 1/2, par. 1211)Sec. 11. Department's agents.  The Department may designate certified local health departments as its agents for purposes of carrying out this Act.  An agent so designated may charge fees for costs associated with enforcing this Act. Where the agent determines that it cannot perform an inspection under this Act, the Department shall perform the inspection and any applicable fees shall be payable to the Department and the agent may not charge a fee. If the Department performs a service or activity for the agent that the agent cannot perform, the fee for the service or activity shall be paid to the Department and not to the agent. In no case shall fees be assessed by both the Department and an agent for the same service or activity. 
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/12) (from Ch. 111 1/2, par. 1212)Sec. 12. 
		Water samples. 
		Licensees shall cause to be submitted water
samples and such operational
and analytical data and records as may be required by the Department to
determine the sanitary and safety conditions of the swimming facility.
		(Source: P.A. 92-18, eff. 6-28-01.) (210 ILCS 125/13) (from Ch. 111 1/2, par. 1213)Sec. 13. Rules. The Department shall promulgate, publish, adopt and
amend such
rules as may be necessary for the proper enforcement of
this Act, to protect the health and safety of the public using swimming facilities and their appurtenances, and may, when necessary,
utilize the services of any other
state agencies to assist in carrying out the purposes of this Act. These rules
 shall include but are not limited to design criteria for swimming
facility areas and bather preparation facilities, standards relating to
sanitation, cleanliness, plumbing, water supply, sewage and solid waste
disposal, design and construction of all equipment, buildings, rodent and
insect control, communicable disease control, safety and sanitation of
appurtenant swimming facilities. The rules must
include provisions for the prevention of bather entrapment or entanglement at
new and existing swimming facilities.
Bather preparation
facilities
consisting of dressing room space, toilets and showers shall be available
for use of patrons of swimming facilities, except as
provided by
Department rules.(Source: P.A. 96-1081, eff. 7-16-10; 97-957, eff. 1-1-13.) (210 ILCS 125/14) (from Ch. 111 1/2, par. 1214)Sec. 14. Whenever the Department determines that there are reasonable grounds to
believe that there has been violation of any provision of this Act or the
rules issued hereunder, the Department shall give notice of
such alleged violation to the person to whom the license was issued, as
herein provided. Such notice shall:(a) be in writing;(b) include a statement of the reasons for the     issuance of the notice;(c) (blank);(d) be served upon the owner, operator or licensee as     the case may require; provided that such notice or order shall be deemed to have been properly served upon such owner, operator or licensee when a copy thereof has been sent by registered or certified mail to his last known address as furnished to the Department; or, when he has been served with such notice by any other method authorized by the laws of this State;(e) (blank).(Source: P.A. 96-1081, eff. 7-16-10.) (210 ILCS 125/15)Sec. 15. (Repealed).
	 
	 (Source: P.A. 78-1149. Repealed by P.A. 96-1081, eff. 7-16-10.) (210 ILCS 125/15.1)Sec. 15.1.   Violations at facilities.(a) If the Department finds violations at swimming facilities requiring licensure under this Act, the Department shall issue a written report or notice of the violations.  In accordance with subsections (b), (c), and (d), each violation shall be categorized as  either Type "A", Type "B", or Type "C".(b) Type "A" Violation.  The situation, condition, or practice constituting a Type "A" violation shall be abated or eliminated immediately, unless a fixed period of time, not exceeding 10 days, as determined by the Department and specified in the notice of violation or inspection report, is required for correction.  Type "A" violations shall include, but not be limited to:(1) Inoperable gauges or flowmeters.(2) The failure to maintain appropriate water quality     within 20% of standard.(3) The failure to maintain or provide operation     reports.(4) The failure to provide and maintain necessary     safety equipment prescribed by rule.(5) The failure to maintain cleanliness of the     facility (cracks, leaks, lint, dirt, and sediment).(6) The improper use of starting platforms.(7) The failure to maintain equipment in proper work     order (including, but not limited to, skimmers, pumps, and chlorinators), such that the public is not endangered.(8) The failure to post Patron Regulations and Bather     Load signs.(c)  Type "B" Violation.  At the time of issuance of a notice of a Type "B" violation, the Department shall request a plan of correction that is subject to the Department's approval. The facility shall have 10 days after receipt of a notice of violation in which to prepare and submit a plan of correction. The Department may extend this period up to 30 days where correction involves substantial capital improvement. The plan shall include a fixed time period, not to exceed 90 days, within which violations are to be corrected. If the Department rejects a plan of correction, it shall send notice of the rejection and the reason for the rejection to the facility. The facility shall have 10 days after receipt of the notice of rejection in which to submit a modified plan. If the modified plan is not timely submitted, or if the modified plan is rejected, the facility shall follow an approved plan of correction imposed by the Department.  Type "B" violations shall include, but not be limited to:(1) Ongoing repeat Type "A" violations not corrected     in accordance with a notice or inspection report.(2) The failure to submit a Drowning and Injury     Report within 24 hours.(3) The failure to provide a lifeguard or a warning     sign as required by the rules.(4) The failure to maintain water quality in     accordance with Section 820.320 of Title 77 of the Illinois Administrative Code,  and in excess of that allowed for in a Type "A" violation.(5) The failure to properly secure the pool area or     the equipment/storage area.(6) The failure to maintain any operational reports.(7) The failure to obey assigned bather load.(8) The failure to properly display a     Department-issued license.(d)  Type "C" Violation.  Type "C" violations include those violations that may lead to serious injury or death of patrons, employees, or the general public.  Upon finding a Type "C" violation at a facility, the Department shall immediately take such actions as necessary to protect public health, including ordering the immediate closure of the facility, ordering the abatement of conditions deemed dangerous by the Department, or ordering the cessation of any practice deemed dangerous or improper by the Department.  Type "C" violations shall include, but not be limited to:(1) The failure to obtain a license prior to     operating.(2) The failure to construct the pool in accordance     with the Department-issued permit to construct.(3) The failure to secure a permit to alter the pool.(4) The failure to close the pool in accordance with     the rules.(5) The failure to obey any lawful order of the     Department.(6) The failure to provide access to the facility by     the Department or any duly appointed agent thereof.(7) The failure to post a Department-issued closure     order.(8) Operating the facility in a manner that results     in imminent danger to the public.(9) Submitting fraudulent documentation to the     Department or a duly appointed agent thereof.(e)  In determining whether a penalty is to be imposed and in fixing the amount of the penalty to be imposed, if any, for a violation, the Director shall consider the following factors:(1) The gravity of the violation, including the     probability that death or serious physical harm to the public will result or has resulted; the severity of the actual or potential harm; and the extent to which the provisions of the applicable statutes or regulations were violated.(2) The reasonable diligence exercised by the     licensee and efforts to correct violations.(3) Any previous violations committed by the licensee.(4) The financial benefit to the facility for     committing or continuing the violation.Type "A" violations shall carry no penalty provided they are corrected within the terms set forth by this Act and in accordance with the rules established under this Act.  Type "B" violations may be assessed a penalty of $25 per day for each day the violation exists.  Type "C" violations may be assessed a penalty of $100 per day for each day the violation exists, in addition to any other penalties provided for by law.
(Source: P.A. 96-1081, eff. 7-16-10.) (210 ILCS 125/15.2)Sec. 15.2. Violations and civil penalties. The Department is empowered to assess civil penalties and sanctions  for violations of this Act and the rules promulgated under this Act.  Each day a violation exists shall constitute a separate violation.
(Source: P.A. 96-1081, eff. 7-16-10.) (210 ILCS 125/16)Sec. 16. (Repealed).
	 
	 (Source: P.A. 78-1149. Repealed by P.A. 96-1081, eff. 7-16-10.) (210 ILCS 125/16.1)Sec. 16.1. Denial, suspension, or revocation of a license. The Director, after notice and opportunity for a hearing to a party, may deny, suspend, or revoke a license or permit, or assess a civil penalty, in any case in which he or she finds that there has been a substantial failure to comply with the provisions of this Act or rules established under it.  Notice shall be provided by certified mail, return receipt requested, or served personally and by fixing a date, not less than 15 days from the date of such mailing or service, at which time the applicant or license holder shall be given an opportunity to serve a written request for hearing upon the Department.  The hearing shall be conducted by the Director or by an individual designated in writing by the Director as the Hearing Officer.  On the basis of any such hearing, or upon default of the applicant or license holder, the Director shall make a determination specifying his or her findings and conclusions.  A copy of the determinations shall be sent by certified mail, return receipt requested, or served personally upon the applicant or license holder.
(Source: P.A. 96-1081, eff. 7-16-10.) (210 ILCS 125/17) (from Ch. 111 1/2, par. 1217)Sec. 17. Subpoenas; witness fees. The Director or Hearing Officer may compel by subpoena or subpoena
duces tecum the attendance and testimony of witnesses and the production
of records or documents either in electronic or paper form and administer oaths to witnesses. All subpoenas issued by the
Director or Hearing Officer may be served as provided for in a civil
action.The fees of witnesses for attendance and travel shall be the same
as the fees for witnesses before the circuit court and shall be paid by the
party to such proceeding at whose request the subpoena is issued. If such
subpoena is issued at the request of the Department, the witness fee shall
be paid as an administrative expense.In cases of refusal of a witness to attend or testify, or to produce records or documents, concerning any matter upon which he might be lawfully
examined, the circuit court of the county where the hearing is held, upon
application of any party to the proceeding, may compel
obedience by proceeding as for contempt.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/18) (from Ch. 111 1/2, par. 1218)Sec. 18. 
		
		
		In the event of the inability of any party, or the Department, to
procure the attendance of witnesses to give testimony or produce books and
papers, such party or the Department may take the deposition of witnesses
in accordance with the laws of this State. All testimony taken at a hearing
shall be reduced to writing, and all such testimony and other evidence
introduced at the hearing shall be a part of the record of the hearing.
		(Source: P.A. 78-1149.) (210 ILCS 125/19) (from Ch. 111 1/2, par. 1219)Sec. 19. 
		
		
		The Director shall make findings of fact in such hearing, and the
Director shall render his decision within 30 days after the termination of
the hearing, unless additional time is required by him for a proper
disposition of the matter. When the hearing has been conducted by a Hearing
Officer, the Director shall review the findings of fact and recommendations
of the Hearing Officer, and the transcribed record if a party has requested
and paid for such record before rendering a decision. It shall be the duty
of the Director to forward a copy of his decision by registered or
certified mail, to the owner, operator, licensee or applicant within 5 days
of rendition of such decision. Technical errors in the proceeding before
the Director or Hearing Officer or their failure to observe the technical
rules of evidence shall not be grounds for the reversal of any
administrative decision unless it appears to the court that such error or
failure materially affects the rights of any party and results in
substantial injustice to him.
		(Source: P.A. 78-1149.) (210 ILCS 125/20) (from Ch. 111 1/2, par. 1220)Sec. 20. Judicial review. The Department is not required to certify any record or file any
answer or otherwise appear in any proceeding for judicial
review unless there is filed in the court with the complaint a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record, which costs shall be computed at the rate of $1 per page of such record.
Failure on the part of the plaintiff to make such deposit shall be grounds
for dismissal of the action. 
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/20.5)Sec. 20.5. Reproduction of records. The Department may charge $0.25 per each 8.5" x 11" page, whether paper or electronic, for copies of records held by the Department pursuant to this Act.  For documents larger than 8.5" x 11", actual copying costs plus $0.25 per page shall apply.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/21) (from Ch. 111 1/2, par. 1221)Sec. 21. Closure of facility. Whenever the Department finds any violation of this Act or the rules promulgated under this Act, if the  violation presents an emergency or risk to public health, the Department shall, without prior notice or hearing, issue a written notice, immediately order the owner, operator, or
licensee to close the swimming facility and to prohibit
any person from using
such facilities.  Notwithstanding any other provisions in this Act, such order shall be effective immediately.The notice shall state the reasons prompting the closing of the
facilities and a copy of the notice must be posted conspicuously at the
pool or beach by the owner, operator or licensee.The Attorney General and the State's Attorney and Sheriff of the county in which the swimming
facility is located shall enforce the closing order after receiving
notice thereof.Any owner, operator or licensee affected by such an order is entitled,
upon written request to the Department, to a hearing as provided in this
Act.When such violations are abated in the
opinion of the Department,
 the Department may authorize reopening the swimming facility.(Source: P.A. 96-1081, eff. 7-16-10; 97-957, eff. 1-1-13.) (210 ILCS 125/21.1) (from Ch. 111 1/2, par. 1221.1)Sec. 21.1. 
		Use of life jackets. 
		No person shall prohibit the use of a
life jacket in a
swimming facility by an individual who, as evidenced by a
statement signed by a
licensed physician, suffers from a physical disability or condition which
necessitates the use of such life jacket.
		(Source: P.A. 92-18, eff. 6-28-01.) (210 ILCS 125/22) (from Ch. 111 1/2, par. 1222)Sec. 22. Criminal penalties. Any person who violates this Act or any rule adopted by
the Department, or who violates any determination or order of the
Department under this Act, shall be guilty of a Class A misdemeanor punishable by a fine of $1,000 for each day the violation exists, in addition to civil penalties, or up to 6 months imprisonment, or both a fine and imprisonment.Each day's violation constitutes a separate offense. The State's
Attorney of the county in which the violation occurred, or the Attorney
General shall bring such actions in the name of the people of the State of
Illinois.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/22.2)Sec. 22.2. Civil enforcement. The Department may impose administrative civil penalties for violations of this Act and the rules promulgated thereunder, pursuant to rules for such penalties adopted by the Department.  The State's Attorney of the county in which the violation occurred, or the Attorney General, shall bring actions for collection of penalties imposed under this Section in the name of the people of the State of Illinois. The State's Attorney or Attorney General may, in addition to other remedies provided in this Act, bring an action (i) for an injunction to restrain the violation, (ii) to impose civil penalties (if no penalty has been imposed by the Department), or (iii) to enjoin the operation of any such person or establishment.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/23) (from Ch. 111 1/2, par. 1223)Sec. 23. Applicability of Act. Nothing in this Act shall be construed to
exclude the State of Illinois
and Departments and educational institutions thereof and units of local
government except that the provisions in this Act for fees or late fees for licenses and
permits,
and the provisions for civil penalties, fines and imprisonment shall not apply to the State
of Illinois, to Departments and educational institutions thereof, or units
of local government. This Act shall not apply to beaches operated by units
of local government located on Lake Michigan.(Source: P.A. 96-1081, eff. 7-16-10; 97-957, eff. 1-1-13.) (210 ILCS 125/24) (from Ch. 111 1/2, par. 1224)Sec. 24. 
		
		The Administrative Review Law, as amended, and
the rules adopted under the Administrative Review Law apply to and govern
all proceedings for judicial review of final administrative decisions of
the Department under this Act. The term "Administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
		(Source: P.A. 82-783.) (210 ILCS 125/24.1) (from Ch. 111 1/2, par. 1224.1)Sec. 24.1. 
		
		The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that in
case of conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rule-making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.
		(Source: P.A. 88-45.) (210 ILCS 125/26) (from Ch. 111 1/2, par. 1226)Sec. 26. 
		
		
		If any part of this Act is adjudged invalid, such adjudication shall not
affect the validity of the Act as a whole or of any other part.
		(Source: P.A. 78-1149.) (210 ILCS 125/27) (from Ch. 111 1/2, par. 1227)Sec. 27. Adoption of ordinances. Any unit of government having a certified local
 health department may administer and enforce this
Act by adopting an ordinance electing to administer and enforce this Act
and adopting by reference the  rules promulgated and
amended from time to time by the Department under authority of this Act.A unit of local government that so qualified and elects to administer
and enforce this Act shall furnish the Department a copy of its ordinance
and the names and qualifications of the employees required by this Act. The
unit of local government ordinance shall then prevail in lieu of the State
licensure and inspection program with the exception of Section 5 of
this Act which provides for permits for construction or major alteration, and Sections 5.1,  5.2, 30, and 31, which provisions shall continue to be administered by the
Department. With the exception of permits as provided for in Section 5 of this Act, a unit of local government may collect fees for administration of ordinances adopted pursuant to this Section. Units of local government shall require such State permits as
provided in Section 5 prior to issuing licenses for swimming facilities constructed or altered in a major
manner in accordance with this Act.Not less than once every 3 years the Department shall evaluate each unit of
local government's licensing and inspection program to determine whether
such program is being operated and enforced in accordance with this Act and
the rules promulgated thereunder. If the Department finds,
after investigation, that such program is not being enforced within the
provisions of this Act or the rules promulgated
thereunder, the Director shall give written notice of such findings to the
unit of government. If the Department finds, not less than 30 days after such
given notice, that the program is not being conducted and enforced within
the provisions of this Act or the rules promulgated
thereunder, the Director shall give written notice to the unit of
government that its authority to administer this Act is revoked. Any unit
of government whose authority to administer this Act is revoked may request
an administrative hearing as provided in this Act. If the unit of
government fails to request a hearing within 15 days after receiving the notice or if, after such hearing, the
Director confirms the revocation, all swimming facilities then operating under
such unit of government shall be immediately
subject to the State licensure fee and inspection program, until such time
as the unit of government is again authorized by the Department to
administer and enforce this Act.
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/28) (from Ch. 111 1/2, par. 1228)Sec. 28. 
		(Repealed). 
		(Source: P.A. 86-595. Repealed by P.A. 92-18, eff. 6-28-01.) (210 ILCS 125/30)Sec. 30. Prequalified architect or prequalified professional engineer.(a) Any person responsible for designing, planning, and creating specifications for swimming facilities and for applying for a permit for construction or major alteration of a swimming facility must be an architect or professional engineer prequalified by the Department. A prequalified architect or prequalified professional engineer must be licensed and in good standing with the Illinois Department of Financial and Professional Regulation and must possess public swimming facility design experience as determined by rules promulgated by the Department.  Persons seeking prequalification pursuant to this Section shall apply for prequalification pursuant to rules adopted by the Department.(b) In addition to any other power granted in this Act to adopt rules, the Department may adopt rules relating to the issuance or renewal of the prequalification of an architect or professional engineer or the suspension of the prequalification of any such person or entity, including, without limitation, a summary suspension without a hearing founded on any one or more of the bases set forth in this subsection.The bases for an interim or emergency suspension of the prequalification of an architect or professional engineer include, but are not limited to, the following:(1) A finding by the Department that the public     interest, safety, or welfare requires a summary suspension of the prequalification without a hearing.(2) The occurrence of an event or series of events     which, in the Department's opinion, warrants a summary suspension of the prequalification without a hearing. Such events include, without limitation: (i) the indictment of the holder of the prequalification by a State or federal agency or another branch of government for a crime; (ii) the suspension of a license or prequalification by another State agency or by a federal agency or another branch of government after a hearing; (iii) failure to comply with State law, including, without limitation, this Act and the rules promulgated thereunder; and (iv) submission of fraudulent documentation or the making of false statements to the Department.(c) If a prequalification is suspended by the Department without a hearing for any reason set forth in this Section or in Section 10-65 of the Illinois Administrative Procedure Act, the Department, within 30 days after the issuance of an order of suspension of the prequalification, shall initiate a proceeding for the suspension of or other action upon the prequalification.(d) An applicant for prequalification under this Section must, at a minimum, be licensed in Illinois as a professional engineer or architect in accordance with the Professional Engineering Practice Act of 1989 or the Illinois Architecture Practice Act of 1989. 
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/31)Sec. 31. Prequalified swimming facility contractor.(a) Any person seeking to perform construction, installation, or major alteration of a swimming facility must be prequalified by the Department. A prequalified swimming facility contractor must be registered and in good standing with the Secretary of State and possess public swimming facility construction experience as determined by rules promulgated by the Department.  Persons seeking prequalification pursuant to this Section shall apply for prequalification pursuant to rules adopted by the Department.(b) In addition to any other power granted in this Act to adopt rules, the Department may adopt rules relating to the issuance or renewal of the prequalification of a swimming facility contractor or the suspension of the prequalification of any such person or entity, including, without limitation, an interim or emergency suspension without a hearing founded on any one or more of the bases set forth in this subsection.The bases for an interim or emergency suspension of the  prequalification of a swimming facility contractor include, but are not limited to, the following:(1) A finding by the Department that the public     interest, safety, or welfare requires a summary suspension of the prequalification without a  hearing.(2) The occurrence of an event or series of events     which, in the Department's opinion, warrants a summary suspension of the prequalification without a hearing. Such events include, without limitation: (i) the indictment of the holder of the prequalification by a State or federal agency or another branch of government for a crime; (ii) the suspension or modification of a license by another State agency or by a federal agency or another branch of government after a hearing; (iii) failure to comply with State law, including, without limitation, this Act and the rules promulgated thereunder; and (iv) submission of fraudulent documentation or the making of false statements to the Department.(c) If a prequalification is suspended by the Department without a hearing for any reason set forth in this Section or in Section 10-65 of the Illinois Administrative Procedure Act, the Department, within 30 days after the issuance of an order of suspension of the prequalification, shall initiate a proceeding for the suspension of or other action upon the prequalification. 
(Source: P.A. 97-957, eff. 1-1-13.) (210 ILCS 125/32)Sec. 32. Service animals.   It is the duty of a licensee under this Act to allow the use of service animals as defined and prescribed in 28 C.F.R. 35.104, 28 C.F.R. 35.136, 28 C.F.R. 35.139, 28 C.F.R. 36.104,  28 C.F.R. 208, and 28 C.F.R. 302(c) if the service animal has been trained to perform a specific task or work in the water and the use of such animal does not pose a direct threat to the health and safety of the patrons of the facility or the function or  sanitary conditions of the facility.  Any use of a licensed swimming facility by an animal other than a service animal as authorized under  this Section is prohibited.
(Source: P.A. 97-957, eff. 1-1-13.)
(210 ILCS 130/0.01) (from Ch. 111 1/2, par. 1250)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Swimming Pool Safety Act.
		(Source: P.A. 86-1324.) (210 ILCS 130/1) (from Ch. 111 1/2, par. 1251)Sec. 1. 
		As used in this Act:"Swimming pool" means any artificial basin of water which is modified, improved,
constructed or installed for the purpose of public swimming, and includes:
pools for community use, pools at apartments, condominiums, and other groups
or associations having 5 or more living units, clubs, churches, camps, schools,
institutions, Y.M.C.A.s, Y.W.C.A.s, parks, recreational areas, motels, hotels
and other commercial establishments.  It does not include pools at private
residences intended only for the use of the owner and guests."Person" means any individual, group of individuals, association, trust,
partnership, corporation, person doing business under an assumed name, county,
municipality, the State of Illinois, or any political subdivision or department
thereof, or any other entity."Life jacket" means a life jacket, life vest or any other flotation device
designed to be worn about the body to assist in maintaining buoyancy in water.
		(Source: P.A. 84-441.) (210 ILCS 130/2) (from Ch. 111 1/2, par. 1252)Sec. 2. 
		
		No person shall prohibit the use of a life jacket in a
swimming pool by any individual who, as evidenced by a statement signed by
a licensed physician, suffers from a physical disability or condition which
necessitates the use of such life jacket.
		(Source: P.A. 84-441.) (210 ILCS 130/3) (from Ch. 111 1/2, par. 1253)Sec. 3. 
		
		Any individual who establishes a policy in violation of this
Act, or who violates this Act while acting contrary to an established
policy which is in compliance with this Act, is guilty of a petty offense
and shall be subject to a fine of not more than $100 for each violation.
		(Source: P.A. 84-441.)
(210 ILCS 135/1) (from Ch. 91 1/2, par. 1701)Sec. 1. 
		
		This Act shall be known and may be cited as the Community-Integrated Living Arrangements Licensure and Certification Act.
		(Source: P.A. 85-1250.) (210 ILCS 135/2) (from Ch. 91 1/2, par. 1702)Sec. 2. 
		
		The purpose of this Act is to promote the operation of
community-integrated living arrangements for the supervision of persons with
mental illness and persons with a developmental disability by licensing
community mental health or developmental services agencies to provide an array
of community-integrated living arrangements for such individuals.  These
community-integrated living arrangements are intended to promote independence
in daily living and economic self-sufficiency.  The licensed community mental
health or developmental services agencies in turn shall be required to certify
to the Department that the programs and placements provided in the
community-integrated living arrangements comply with this Act, the Mental
Health and Developmental Disabilities Code, and applicable Department rules and
regulations.
		(Source: P.A. 88-380.) (210 ILCS 135/3) (from Ch. 91 1/2, par. 1703)Sec. 3. As used in this Act, unless the context requires otherwise:(a) "Applicant" means a person, group of persons, association, partnership
or corporation that applies for a license as a community mental health or
developmental services agency under this Act.(b) "Community mental health or developmental services agency" or "agency"
means a public or private agency, association, partnership, corporation or
organization which, pursuant to this Act, certifies community-integrated living
arrangements for persons with mental illness or persons with a developmental
disability.(c) "Department" means the Department of Human Services (as successor to
the Department of Mental Health and Developmental Disabilities).(d) "Community-integrated living arrangement" means a living arrangement
certified by a community mental health or developmental services agency
under this Act where 8 or fewer recipients with mental illness or recipients
with a developmental disability who reside under the supervision of the agency.
Examples of community-integrated living arrangements include but are not
limited to the following:(1) "Adult foster care", a living arrangement for     recipients in residences of families unrelated to them, for the purpose of providing family care for the recipients on a full-time basis;(2) "Assisted residential care", an independent     living arrangement where recipients are intermittently supervised by off-site staff;(3) "Crisis residential care", a non-medical living     arrangement where recipients in need of non-medical, crisis services are supervised by on-site staff 24 hours a day;(4) "Home individual programs", living arrangements     for 2 unrelated adults outside the family home;(5) "Supported residential care", a living     arrangement where recipients are supervised by on-site staff and such supervision is provided less than 24 hours a day;(6) "Community residential alternatives", as defined     in the Community Residential Alternatives Licensing Act; and(7) "Special needs trust-supported residential care",     a living arrangement where recipients are supervised by on-site staff and that supervision is provided 24 hours per day or less, as dictated by the needs of the recipients, and determined by service providers. As used in this item (7), "special needs trust" means a trust for the benefit of a beneficiary with a disability as described in Section 1213 of the Illinois Trust Code.(e) "Recipient" means a person who has received, is receiving, or is in need
of treatment or habilitation as those terms are defined in the Mental Health
and Developmental Disabilities Code.(f) "Unrelated" means that persons residing together in programs or
placements certified by a community mental health or developmental services
agency under this Act do not have any of the following relationships by blood,
marriage or adoption: parent, son, daughter, brother, sister, grandparent,
uncle, aunt, nephew, niece, great grandparent, great uncle, great aunt,
stepbrother, stepsister, stepson, stepdaughter, stepparent or first cousin.
(Source: P.A. 101-48, eff. 1-1-20.) (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)Sec. 4. 
(a) Any community mental health or developmental services agency who
wishes to develop and support a variety of community-integrated living
arrangements may do so pursuant to a license issued by the Department under this Act.
However, programs established under or otherwise subject to the Child
Care Act of 1969, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, as now or
hereafter amended, shall remain
subject thereto, and this Act shall not be construed to limit the
application of those Acts.(b) The system of licensure established under this Act shall be for the purposes of:(1) ensuring that all recipients residing in     community-integrated living arrangements are receiving appropriate community-based services, including treatment, training and habilitation or rehabilitation;(2) ensuring that recipients' rights are protected     and that all programs provided to and placements arranged for recipients comply with this Act, the Mental Health and Developmental Disabilities Code, and applicable Department rules and regulations;(3) maintaining the integrity of communities by     requiring regular monitoring and inspection of placements and other services provided in community-integrated living arrangements.The licensure system shall be administered by a quality assurance unit
within the Department which shall be administratively independent of units
responsible for funding of agencies or community services.(c) As a condition of being licensed by the Department as a community
mental health or developmental services agency under this Act, the agency
shall certify to the Department that:(1) all recipients residing in community-integrated     living arrangements are receiving appropriate community-based services, including treatment, training and habilitation or rehabilitation;(2) all programs provided to and placements arranged     for recipients are supervised by the agency; and(3) all programs provided to and placements arranged     for recipients comply with this Act, the Mental Health and Developmental Disabilities Code, and applicable Department rules and regulations.(c-5) Each developmental services agency licensed under this Act shall submit an annual report to the Department, as a contractual requirement between the Department and the developmental services agency, certifying that all legislatively or administratively mandated wage increases to benefit workers are passed through in accordance with the legislative or administrative mandate.  The Department shall determine the manner and form of the annual report.(d) An applicant for licensure as a community mental health or
developmental services agency under this Act shall submit an application
pursuant to the application process established by the Department by rule
and shall pay an application fee in an amount established by the
Department, which amount shall not be more than $200.(e) If an applicant meets the requirements established by the Department
to be licensed as a community mental health or developmental services
agency under this Act, after payment of the licensing fee, the Department
shall issue a license valid for 3 years from the date thereof unless
suspended or revoked by the Department or voluntarily surrendered by the agency.(f) Upon application to the Department, the Department may issue a
temporary permit to an applicant for up to a 2-year period to allow the holder
of such permit reasonable time to become eligible for a license under this Act.(g)(1) The Department may conduct site visits to an agency licensed under this
Act, or to any program or placement certified by the agency, and inspect
the records or premises, or both, of such agency, program or placement as
it deems appropriate, for the
purpose of determining compliance with this Act, the Mental Health and
Developmental Disabilities Code, and applicable Department rules and regulations. The Department shall conduct inspections of the records and premises of each community-integrated living arrangement certified under this Act at least once every 2 years.(2) If the Department determines that an agency licensed under this Act
is not in compliance with this Act or the rules and regulations promulgated
under this Act, the Department shall serve a notice of violation
upon the licensee.  Each notice of violation shall be prepared in writing
and shall specify the nature of the violation, the statutory provision or
rule alleged to have been violated, and that the licensee
submit a plan of correction to the Department if required.  The notice shall also
inform the licensee of any other action which the Department might take
pursuant to this Act and of the right to a hearing.(g-5)   As determined by the Department, a disproportionate number or percentage of licensure complaints; a disproportionate number or percentage of substantiated cases of abuse, neglect, or exploitation involving an agency; an apparent unnatural death of an individual served by an agency;  any egregious or life-threatening abuse or neglect within an agency; or any other significant event as determined by the Department shall initiate a review of the agency's license by the Department, as well as a review of its service agreement for funding. The Department shall adopt rules to establish the process by which the determination to initiate a review shall be made and the timeframe to initiate a review upon the making of such determination.(h) Upon the expiration of any license issued under this Act, a license
renewal application shall be required of and a license renewal fee in an
amount established by the Department shall be
charged to a community mental health or
developmental services agency, provided that such fee shall not be more than $200.(i) A public or private agency, association, partnership, corporation, or organization that has had a license revoked under subsection (b) of Section 6 of this Act may not apply for or possess a license under a different name. (Source: P.A. 102-944, eff. 1-1-23.) (210 ILCS 135/5) (from Ch. 91 1/2, par. 1705)Sec. 5. 
		
		(a) The Department may conduct an investigation upon receipt of a complaint
to insure that the agency is in compliance with this Act.
If, based upon the results of its
investigation, the Department determines that the agency is not in
compliance with this Act, it shall serve a notice of violation upon the
agency as set forth in paragraph (2) of subsection (g) of Section 4 above.
Upon request by a complainant,
the Department shall notify the complainant of the results of any
investigation of a complaint.(b) The complaint, a copy of the complaint, or a record published,
released or otherwise disclosed to the agency shall not disclose the name of
the complainant unless the complainant consents in writing to the
disclosure or the investigation results in a judicial proceeding, or unless
disclosure is essential to the investigation.(c) An agency licensed under this Act or its agents shall not transfer,
harass, dismiss, or
retaliate against a recipient who is the subject of a complaint
under this Act.
		(Source: P.A. 85-1250.) (210 ILCS 135/6) (from Ch. 91 1/2, par. 1706)Sec. 6. (a) The Department shall deny an application for a license,
or revoke or refuse to renew the license of a community mental health or
developmental services agency, or refuse to issue a license to the holder
of a temporary permit, if the Department determines that the applicant,
agency or permit holder has not complied with a provision of this Act, the
Mental Health and Developmental Disabilities Code, or applicable Department
rules and regulations.  Specific grounds for denial or revocation of a
license, or refusal to renew a license or to
issue a license to the holder of a temporary permit, shall include but not be limited to:(1) Submission of false information either on     Department licensure forms or during an inspection;(2) Refusal to allow an inspection to occur;(3) Violation of this Act or rules and regulations     promulgated under this Act;(4) Violation of the rights of a recipient;(5) Failure to submit or implement a plan of     correction within the specified time period; or(6)  Failure to submit a workplace violence     prevention plan in compliance with  the Health Care Workplace Violence Prevention Act.(b) If the Department determines that the operation of a community mental health
or developmental services agency or one or more of the programs or
placements certified by the agency under this Act jeopardizes the health,
safety or welfare of the recipients served by the agency, the Department
may immediately revoke the agency's license and may direct the agency to
withdraw recipients from any such program or placement. If an agency's license is revoked under this subsection, then the Department or the Department's agents shall have unimpeded, immediate, and full access to the recipients served by that agency and the recipients' medications, records, and personal possessions in order to ensure a timely, safe, and smooth transition of those individuals from the program or placement.(c) Upon revocation of an agency's license under subsection (b) of this Section, the agency shall continue providing for the health, safety, and welfare of the individuals that the agency was serving at the time the agency's license was revoked during the period of transition. The private, not-for-profit corporation designated by the Governor to administer the State plan to protect and advocate for the rights of persons with developmental disabilities under Section 1 of the Protection and Advocacy for Persons with Developmental Disabilities Act, contingent on State funding from the Department, shall have unimpeded, immediate, and full access to recipients and recipients' guardians to inform them of the recipients' and recipients' guardians' rights and options during the revocation and transition process.(d) The Office of Inspector General of the Department of Human Services shall continue to have jurisdiction over an agency and the individuals it served at the time the agency's license was revoked for up to one year after the date that the license was revoked.(Source: P.A. 100-313, eff. 8-24-17.) (210 ILCS 135/7) (from Ch. 91 1/2, par. 1707)Sec. 7. 
		
		(a) Except in emergency situations, no license may be denied
or revoked unless the applicant
or licensee is given written notice of the grounds for the Department's
action.  The applicant or licensee may appeal the Department's proposed
action and shall do so within 15 days after receipt of the Department's written notice by
making written request to the Department for a hearing.  Notice of the
time, place and nature of the hearing shall be given to the applicant or
licensee not less than 2 weeks prior to the date of the hearing.  The
hearing shall proceed, and the notice shall be delivered, in accordance
with The Illinois Administrative Procedure Act, as now or hereafter amended.(b) If the applicant or licensee does not submit a request for a hearing
as provided for in this Section, or if after conducting the hearing the
Department determines that the license should not be issued or renewed or
that the license should be revoked or denied, the Department shall issue an
order to that effect.  If the order is to revoke the license, it shall
specify that the order takes effect upon receipt by the licensee, and that
the agency shall not operate during the pendency of any proceeding for
judicial review of the Department's decision, except under court order.(c) Final administrative decisions shall be subject to judicial review
exclusively as provided in the Administrative Review Law, as now or
hereafter amended, except that any petition for judicial review of
a Department action under this Act shall be filed within 15 days after
receipt of notice of the Department's final determination.  The term
"administrative decision" has the meaning ascribed to it in Section 3-101
of the Code of Civil Procedure.
		(Source: P.A. 85-1250.) (210 ILCS 135/8) (from Ch. 91 1/2, par. 1708)Sec. 8. 
		
		(a) Any community mental health or developmental services agency
that continues to operate after its license is revoked under this Act, or
after its license expires and the Department refuses to renew the license,
is guilty of a business offense and shall be fined an amount in excess of
$500 but not exceeding $2,000, and each day of violation is a separate
offense.  All fines shall be paid to the Mental Health Fund.(b) Whenever the Department is advised or has reason to believe that any
person, group of persons, association, partnership or corporation is
operating an agency without a license or permit in violation of this Act,
the Department may investigate to ascertain the facts, may notify the
person or other entity that he is in violation of this Act, and may make
referrals to appropriate investigatory or law enforcement agencies.  Any person,
group of persons, association, partnership or corporation who continues to
operate a community mental health or developmental services agency as
defined in subsection (b) of Section 3 of this Act without a
license or temporary permit issued by the Department, after receiving notice
from the Department that such operation is in violation of this Act,
 shall
be guilty of a business offense and shall be fined an amount in excess of
$500 but not exceeding $2,000, and each day of operation after receiving
such notice is a separate offense.  All fines shall be paid to the Mental
Health Fund.
		(Source: P.A. 85-1250.) (210 ILCS 135/9) (from Ch. 91 1/2, par. 1709)Sec. 9. 
By July 1, 1989, the Department shall adopt rules pursuant to
the Illinois Administrative Procedure Act to establish minimum standards
for licensing community-integrated living arrangements under this Act.
These rules shall govern the operation and conduct of community-integrated
living arrangements and shall provide for the license application
process; agency standards and financial requirements; licensing,
certification and license renewal procedures; revocation of licenses;
notification to recipients of their rights and the ability to contact the
Guardianship and Advocacy Commission; emergency actions which can be taken
by the Department to protect recipients' rights, welfare, and safety; and
any other rules deemed necessary to implement the provisions of this Act.By December 31, 1996, the Department shall adopt rules under the Illinois
Administrative Procedure Act that specify the components of reimbursement for
community-integrated living arrangements and include costs as reported on the
Interagency Statistical and Financial Report.By December 31, 2011, the Department shall adopt rules under the Illinois Administrative Procedure Act that govern the assignment and operations of monitors and receiverships for community-integrated living arrangements wherein the Department has identified systemic risks to individuals served.  The rules shall specify the criteria for determining the need for independent monitors and receivers, their conduct once established, and their reporting requirements to the Department.  These monitors and receivers shall be independent entities appointed by the Department and not staff from State agencies.  This paragraph does not limit, however, the Department's authority to take necessary action through its own or other State staff. (Source: P.A. 97-441, eff. 8-19-11.) (210 ILCS 135/9.1)Sec. 9.1. Recipient's funds; protection.(a) To protect a recipient's funds, a service provider:(1) May accept funds from a recipient for safekeeping     and management if the service provider receives written authorization from the recipient or the recipient's guardian.(2) Shall maintain a written record of all financial     arrangements and transactions involving each individual recipient's funds and shall allow each recipient, or the recipient's guardian, access to that written record.(3) Shall provide, in order of priority, each     recipient, or the recipient's guardian, if any, or the recipient's immediate family member, if any, with a written itemized statement of all financial transactions involving the recipient's funds or a copy of the recipient's checking or savings account register for the period. This information shall be provided at least quarterly.(4) Shall purchase and maintain a surety bond or     other commercial policy with crime coverage in an amount equal to or greater than all of the recipient's personal funds deposited with the service provider to which employees of the service provider have access to secure against loss, theft, and insolvency.  The insurance company that provides the surety bond or commercial policy with crime coverage shall inform the Division of Developmental Disabilities of the Department of Human Services of any reduction or cancellation of the surety bond or commercial policy with crime coverage.(5) Shall keep any funds received from a recipient in     an account separate from the service provider's funds for safekeeping, and shall not withdraw all or any part of the recipient's funds unless the service provider is (i) returning the funds to the recipient upon the request of the recipient or any other person entitled to make the request, (ii) paying the recipient his or her allowance, or (iii) making any other payment authorized by the recipient or any other person entitled to make that authorization.(6) Shall deposit any funds received from a recipient     in excess of $100 in an interest-bearing account insured by agencies of, or corporations chartered by, the State or  the federal government. The account shall be in a form that clearly indicates that the service provider has only a fiduciary interest in the funds and that any interest earned on funds in the account shall accrue to the recipient. The service provider may keep up to $100 of a recipient's funds in a non-interest-bearing account or petty cash fund, to be readily available for the recipient's current expenditures.(7) Shall, upon written request of a recipient or the     recipient's guardian, return to the recipient or the recipient's guardian of the estate all or any part of the recipient's funds given to the service provider for safekeeping, including the accrued interest earned on the deposits of the recipient's funds.(8) Shall (i) place any monthly allowance that a     recipient is entitled to in the recipient's personal account or give the monthly allowance directly to the recipient, unless the service provider has written authorization from the recipient, the recipient's guardian, or the recipient's parent if the recipient is a minor, to handle the monthly allowance differently, (ii) take all steps necessary to ensure that a monthly allowance that is placed in a recipient's personal account is used exclusively by the recipient or for the recipient's benefit, and (iii) require any person other than the recipient who withdraws funds from the recipient's personal account that constitute any portion of the recipient's monthly allowance to execute an affidavit that the funds will be used exclusively for the benefit of the recipient.(9) If an adult recipient is incapable of managing     his or her funds and does not have a guardian or immediate family member, the service provider shall notify the Office of the State Guardian of the Guardianship and Advocacy Commission.(b) Upon the death of a recipient, unless otherwise provided by State law, the service provider shall provide the executor or administrator of the recipient's estate with a complete accounting of all the recipient's personal property, including any funds of the recipient being held by the service provider.(c) If a recipient changes service providers, the former service provider shall provide the new service provider with a written verification by a public accountant of all the recipient's money and property being transferred and shall obtain a signed receipt for the money and property from the new service provider upon transfer of the recipient's money and property.(d) If a service provider is sold, the service provider shall provide the new owner with a written verification by a public accountant of all the recipient's money and property being transferred and shall obtain a signed receipt for the money and property from the new owner upon transfer of the recipient's money and property.
(Source: P.A. 98-1073, eff. 8-26-14.) (210 ILCS 135/9.2)Sec. 9.2. Emergency contacts and required records. An agency shall collect and securely store identifying and contact information for each resident. Unless otherwise required by statute or an agency's rules or policies, this information may include, but not be limited to, a current photograph, personal contact
information, guardian or emergency contact information, a log of all off-site overnight visits, current identification card, medical card, social security number, and birth certificate. A resident's individual service coordination agency shall maintain copies of the documents as well. The log of all off-site overnight visits shall not apply to intermittent community-integrated living arrangements or in situations where the resident leaves to stay with parents and family. This information shall be updated periodically.
(Source: P.A. 100-313, eff. 8-24-17.) (210 ILCS 135/10) (from Ch. 91 1/2, par. 1710)Sec. 10. Community integration.(a) Community-integrated living arrangements
shall be located so as to enable residents to participate in and be
integrated into their community or neighborhood.  The location of such
arrangements shall promote community integration of persons with mental
disabilities.(b) Beginning January 1, 1990, no Department of State government, as
defined in the Civil
Administrative Code of Illinois, shall place any person in or utilize any
services of a community-integrated living arrangement which is not
certified by an agency under this Act.
(Source: P.A. 100-602, eff. 7-13-18.) (210 ILCS 135/11)Sec. 11. 
		
		All agencies previously licensed under the Community Residential
Alternatives Licensing Act are subject to and shall be licensed under this
Act.
		(Source: P.A. 90-423, eff. 8-15-97.) (210 ILCS 135/12)Sec. 12. Nursing services. Subject to appropriation, the Department shall adjust its rate methodology for community-integrated living arrangements using as a guide the findings and recommendations of the CILA nursing services reimbursement working group established by Senate Resolution 514 of the 94th General Assembly in order to improve the efficient and effective utilization of nursing personnel, to increase the levels of nursing services, and to improve access and availability of nursing services for residents of community-integrated living arrangements.
(Source: P.A. 95-577, eff. 8-31-07.) (210 ILCS 135/13)Sec. 13. Fire inspections; authority.(a) Per the requirements of Public Act 96-1141, on January 1, 2011 a report titled "Streamlined Auditing and Monitoring for Community Based Services: First Steps Toward a More Efficient System for Providers, State Government, and the Community" was provided for members of the General Assembly.  The report, which was developed by a steering committee of community providers, trade associations, and designated representatives from the Departments of Children and Family Services, Healthcare and Family Services, Human Services, and Public Health, issued a series of recommendations, including recommended changes to Administrative Rules and Illinois statutes, on the categories of deemed status for accreditation, fiscal audits, centralized repository of information, Medicaid, technology, contracting, and streamlined monitoring procedures.  It is the intent of the 97th General Assembly to pursue implementation of those recommendations that have been determined to require Acts of the General Assembly.(b) For community-integrated living arrangements licensed under this Act, the Office of the State Fire Marshal shall provide the necessary fire inspection to comply with licensing requirements. The Office of the State Fire Marshal may enter into an agreement with another State agency to conduct this inspection if qualified personnel are employed by that agency. Nothing in this Section shall limit a local authority with jurisdiction from conducting local code inspection and enforcement or from conducting fire incident planning activities.
(Source: P.A. 100-313, eff. 8-24-17; 100-593, eff. 6-22-18.) (210 ILCS 135/13.1)Sec. 13.1. Registry checks for employees.(a) Within 60 days after August 19, 2011 (the effective date of Public Act 97-441), the Department shall require all of its community developmental services agencies to conduct required registry checks on employees at the time of hire and annually thereafter during employment. The required registries to be checked are the Health Care Worker Registry, the Department of Children and Family Services' State Central Register, and the Illinois Sex Offender Registry. A person may not be employed if he or she is found to have disqualifying convictions or substantiated cases of abuse or neglect. At the time of the annual registry checks, if a current employee's name has been placed on a registry with disqualifying convictions or disqualifying substantiated cases of abuse or neglect, then the employee must be terminated. Disqualifying convictions or disqualifying substantiated cases of abuse or neglect are defined for the Department of Children and Family Services' State Central Register by the Department of Children and Family Services' standards for background checks in Part 385 of Title 89 of the Illinois Administrative Code. Disqualifying convictions or disqualifying substantiated cases of abuse or neglect are defined for the Health Care Worker Registry by the Health Care Worker Background Check Act and the Department's standards for abuse and neglect investigations in Section 1-17 of the Department of Human Services Act.(b) In collaboration with the Department of Children and Family Services and the Department of Public Health, the Department of Human Services shall establish a waiver process from the prohibition of employment or termination of employment requirements in subsection (a) of this Section for any applicant or employee listed under the Department of Children and Family Services' State Central Register seeking to be hired or maintain his or her employment with a community developmental services agency under this Act. The waiver process for applicants and employees outlined under Section 40 of the Health Care Worker Background Check Act shall remain in effect for individuals listed on the Health Care Worker Registry.(c) In order to effectively and efficiently comply with subsection (a), the Department of Children and Family Services shall take immediate actions to streamline the process for checking the State Central Register for employees hired by community developmental services agencies referenced in this Act. These actions may include establishing a website for registry checks or establishing a registry check process similar to the Health Care Worker Registry. 
(Source: P.A. 97-441, eff. 8-19-11; 97-813, eff. 7-13-12.) (210 ILCS 135/13.2)Sec. 13.2. Emergency notification. Any facility licensed under this Act shall notify the Department when emergency calls are made from the facility. The Department shall adopt any rules necessary to implement this Section, including, but not limited to, reporting procedures and protocols and penalties for failing to report.
(Source: P.A. 101-75, eff. 1-1-20.) (210 ILCS 135/14)Sec. 14. Transparency for individuals and guardians.  By October 1, 2011, the Department shall make available to individuals and guardians upon enrollment a document listing telephone numbers and other contact information to report suspected cases of abuse, neglect, or exploitation.  The information provided shall include a delineation of the individuals' rights.  By July 1, 2012, the Department shall make available through its website information on each agency regarding licensure and quality assurance survey results; licensure and contract status; and substantiated findings of abuse, egregious neglect, and exploitation.  The Department shall adopt rules regarding the posting of this information and shall inform individuals and guardians of its availability during the initial provider selection process.
(Source: P.A. 97-441, eff. 8-19-11.) (210 ILCS 135/14.5)Sec. 14.5. Authorized electronic monitoring of a
resident's room.(a) A resident shall be permitted to conduct
authorized electronic monitoring of the resident's room
through the use of electronic monitoring devices placed in the
room pursuant to the Authorized Electronic Monitoring in
Community-Integrated Living Arrangements and Developmental Disability Facilities Act.(b) No person shall:(1) intentionally retaliate or discriminate against     any resident for consenting to authorized electronic monitoring under the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act; or(2) prevent the installation or use of an electronic     monitoring device by a resident who has provided the staff of the community-integrated  living arrangement with notice and consent as required in Section 20 of the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act.A violation of this subsection is a business offense, punishable by a fine not to exceed $1,000. The State's Attorney of the county in which the community-integrated living arrangement is located, or the Attorney General, shall be notified by the Director of any violations of this subsection. 
(Source: P.A. 101-229, eff. 1-1-20.) (210 ILCS 135/15)Sec. 15. Designation of representative. Any adult resident of a community-integrated living arrangement who does not have a legal guardian and has not been adjudicated incompetent may designate another adult of his or her choice to serve as the representative of the resident for the sole purpose of receiving notification from the agency or from the Department concerning any incident or condition regarding the health, safety, or well-being of the resident.  The designation shall be made in writing and signed by the resident, the designated representative, and a representative of the agency. The agency shall inform the resident of his or her right to designate another adult as a representative for such purposes. The designation may be revoked in writing by the resident at any time. The agency shall provide a designation of representative form that is substantially the same as the following:"DESIGNATION OF REPRESENTATIVE I, (insert name), am .......  years old and reside at ........ I have not been adjudicated incompetent and do not have a legal guardian.I hereby delegate (insert name, phone number, and e-mail address of designated representative), an adult who resides at .........., as my representative for the sole purpose of receiving notification of any incident that may affect my health, safety or well-being while a resident at .........., and hereby give my consent to (insert name of agency) to communicate with (insert name of designated representative) about any such incident. I understand that I may revoke this Designation of Representative at any time by notifying (insert name of agency) in writing that I wish to do so. I also understand that by executing this document I am waiving my right to confidentiality, but only to the extent of the authority conveyed in this document. (Insert Name of Resident) ..................... Signature of Resident (Insert Name of Representative) ........................... Signature of Representative (Insert Name of Agency Representative) ........................... Signature of Representative".
(Source: P.A. 97-441, eff. 8-19-11.)
(210 ILCS 145/1) (from Ch. 111 1/2, par. 8351-1)Sec. 1. 
		This Act may be cited as the Tanning Facility Permit Act. 
		(Source: P.A. 87-636.) (210 ILCS 145/5) (from Ch. 111 1/2, par. 8351-5)Sec. 5. 
		Definitions. 
		In this Act:"Consumer" means any member of the public who is provided access to a
tanning facility in exchange for a fee or other compensation, or any
individual who, in exchange for a fee or other compensation, is afforded
use of a tanning facility as a condition or benefit of membership or access."Department" means the Illinois Department of Public Health or other
health authority designated as its agent."Director" means the Director of Public Health or his designee."Fee" means the payment or exchange of goods, or anything of value for use
of the tanning facility or facilities."Operator" means the person designated by the Licensee for the facility
to assist and instruct the public in the correct operation of the tanning
facility."Other compensation" means the payment or exchange of goods, or anything
of value for use of the tanning facility or facilities."Tanning equipment" means sunlamp products and ultraviolet lamps intended
to induce skin tanning through the irradiation of any part of the living body."Tanning facility" or "Tanning facilities" means a room or a booth or
group of rooms or booths that houses ultraviolet lamps or products
containing lamps intended for the irradiation of any part of the living
human body for cosmetic or nonmedical related purposes but does not include
any hotel or motel guest rooms where sunlamps are installed in the restroom
area.
		(Source: P.A. 87-636.) (210 ILCS 145/10) (from Ch. 111 1/2, par. 8351-10)Sec. 10. 
		Permit; fees; application.(a) A permit issued by the Department shall be required prior to the
operation of any tanning facility used by the public for a fee or other
compensation.  The owner of the facility shall file an application for a
permit with the Department on a form prescribed by the Department that
shall include at least the following information:(1) Applicant's (owner) name, address, telephone     number.(2) Name of the tanning facility, address, telephone     number.(3) Type and year of manufacture of equipment     proposed to be used for such tanning devices.(4) Primary function of the business in which the     tanning facility is located.(5) Operating procedures to be used in the facility.(b) A fee of $250 shall be submitted with the application to the Department.(c) If the owner owns or operates more than one tanning
facility, the owner shall file a separate application for each
facility owned or operated.(d) Within 90 days of receipt of an application, the Department's
personnel shall complete the initial inspection of the premises of the
tanning facility and ensure that the premises and the tanning facilities are
installed and will be operated in accordance with this ordinance.(e) Upon submission of the application and the required fee, and if the
initial inspection of the premises indicates that the premises and the
tanning facilities are installed and will be operated in accordance with
this Act, the Department shall issue a permit to the owner or operator.(f) The permit issued by the Department shall be effective for one year
following the date of issuance.  The Department may stagger permit renewal
dates on a quarterly basis with an initial permit being effective from 9
months to 15 months.  The permit is valid only for the location and owner
stated on the permit and is not transferable.(g) The permit shall be displayed in a place within sight of the public
when entering the premises of the tanning facility.(h) In the event of a change of ownership, the new owner will be required
to apply for a permit to own and operate a tanning facility prior to
taking possession of the property. A provisional license may be issued by
the Department until an initial inspection for a permit can be performed by
the Department.
		(Source: P.A. 87-636.) (210 ILCS 145/15) (from Ch. 111 1/2, par. 8351-15)Sec. 15. 
		Permit renewal procedures; inspections.(a) All permits issued by the Department under this Act shall expire on
a specified date and may be renewed by submission to the Department at
least 30 days before the expiration date a permit renewal application and
the annual renewal fee of $150.(b) The Department may refuse to renew the permit of any owner or
operator who has been found to be in violation of this Act for the safe
operation of tanning facilities.(c) Each tanning facility shall be inspected at least once each year
after the initial year in which the facility was granted a permit.
		(Source: P.A. 87-636.) (210 ILCS 145/20) (from Ch. 111 1/2, par. 8351-20)Sec. 20. 
		Requirements for permit.(a) No sunlamp product or ultraviolet lamp intended for use in any
sunlamp product shall be installed in any tanning facility, the use of
which is offered to the public for a fee or any other consideration, unless
the products or facilities have been found to be in compliance with the
standards established by the Department by rule. Tanning units and all the
component parts thereof manufactured on or after May 7, 1980 shall meet the
provisions of federal regulations. Other performance standards shall apply
for units manufactured before May 7, 1980.(b) For each sunlamp product and ultraviolet lamp, the ratio of the
irradiance within the wavelength range of 200
through 400 nanometers shall not exceed 0.003
at any distance or direction from the product or lamp.(c) Each sunlamp shall incorporate a timing device with multiple timer
settings adequate for the manufacturer's recommended exposure intervals to
produce the expected results. The timing device shall not provide a timing
interval in excess of the product's recommended maximum exposure time, or
10 minutes. This requirement does not preclude the ability of the user to
reset the time. The timer may not automatically reset and cause radiation
emission to resume for a period greater than the unused portion of the
timer cycle when emission from the sunlamp product has been terminated.(d) Each sunlamp product shall incorporate a control on the product to
enable the user to manually terminate radiation without pulling the
electrical plug or coming in contact with the ultraviolet lamp.(e) Each sunlamp product shall be accompanied by the number of sets of
protective eyewear that is equal to the maximum number of persons intended
to be exposed simultaneously to product radiation. The eyewear shall be
provided by the manufacturer and shall meet or exceed his product
recommendations.  All protective eyewear shall be properly sanitized prior
to each use.(f) Each ultraviolet lamp contained within the sunlamp product shall be
shielded so as to not come into contact with the user. A screen or
transparent cover shall be used for this purpose.(g) Each sunlamp product in which the person is in a standing position
shall provide a handrail for the user to hold onto during operation of
tanning facility. Each tanning facility shall have, clearly marked, the
appropriate position the user is to assume prior to operation.(h) Each sunlamp product shall prominently display the following warning
label. "DANGER - Ultraviolet radiation. Follow instructions. As with
natural sunlight, overexposure can cause eye injury and sunburn, repeated
exposure may cause premature aging of the skin and skin cancer. Medications
or cosmetics applied to the skin may increase your sensitivity to
ultraviolet light. Consult a physician before using lamp if taking any
medication or if you believe yourself especially sensitive to sunlight."(i) Each tanning facility shall be so equipped to dissipate heat that
the interior temperature does not exceed 100 degrees fahrenheit or
34 degrees centigrade.
		(Source: P.A. 87-636.) (210 ILCS 145/25) (from Ch. 111 1/2, par. 8351-25)Sec. 25. Operating requirements.(1) Each tanning facility shall have on
hand at all times an operator adequately trained in the correct operation
of the facility so as to be able to inform and assist the public in its
proper use. Each operator shall perform the following functions as a
precondition to the public having access to the tanning facility being
made to the public:(a) The operator shall require each person desiring     to use the facility to fill out a form specifying any and all prescription medicines and over-the-counter medications they are presently taking. The form shall be kept as a permanent record of the individual's attendance and progress.(b) The operator shall require each person desiring     to use a tanning facility to use protective eyewear.(c) The operator shall instruct the user in the     proper position to maintain in relation to the tanning lamps within the facility; the position of the safety railing, if applicable; the manual switching device to terminate the radiation in case of emergency; and a recommended time of exposure.(d) The operator shall monitor the use of the     facility to ensure that the interior temperature does not exceed 100 degrees fahrenheit or 34 degrees centigrade.(e) The operator shall inspect the facility to ensure     that the floors are dry. The floors are to be made dry prior to each individual's use.(f) The operator shall give each person using the     facility a written copy of the warning required under subsection (h) of Section 20 of this Act prior to each person's use of the facility.  The operator shall post signs warning consumers of the potential effects of radiation on persons taking medication and the relationship of radiation to skin cancer.(g) The operator shall be responsible for proper     sanitizing procedures for all sunlamp equipment and protective eyewear between every user.(2) A tanning facility may not permit any person less than 18 years of age, regardless of whether the person has the permission of a parent or guardian, to use tanning equipment or a device defined as equipment that emits ultraviolet (UV) radiation used for tanning of the skin, such as a sunlamp, tanning booth, or tanning bed that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers. For the purposes of this Section, "tanning equipment" includes any accompanying equipment, such as protective eyewear, timers, and handrails.  "Tanning equipment" does not include any of the following:(a) Phototherapy devices utilized by appropriate     health care professionals under the direct supervision of a physician who is trained in the use of phototherapy devices.(b) Devices used for personal use in a private     residence.(c) Devices intended for purposes other than the     irradiation of human skin.(d) Devices used to apply chemicals to the skin to     achieve a bronze color, commonly referred to as spray-on, mist-on, or sunless tans. (Source: P.A. 98-349, eff. 1-1-14.) (210 ILCS 145/30) (from Ch. 111 1/5, par. 8351-30)Sec. 30. 
		Department standards; rules; regulations. 
		The Department
shall adopt standards for tanning facilities operated in the State. The
Department shall issue rules and regulations deemed necessary for the
proper regulation of tanning facilities.
		(Source: P.A. 87-636.) (210 ILCS 145/35) (from Ch. 111 1/2, par. 8351-35)Sec. 35. 
		Denial; suspension; revocation; nonrenewal of permits. 
		A permit may be denied, suspended, revoked, or the renewal of a
permit may be denied for any of the following reasons:(a) Violation of any of the provisions of this Act or the rules and
regulations adopted by the Department hereunder.(b) Conviction of an applicant or permit holder of an offense arising from
false, fraudulent, deceptive, or misleading advertising. The record of
conviction or a certified copy shall be conclusive evidence of the conviction.(c) Revocation of a permit during the previous 5 years, or surrender or
expiration of the permit during the pendency of action by the
Department to revoke or suspend the permit during the previous 5 years, if
before the permit was issued to the individual applicant, a controlling
owner or controlling combination of owners of the applicant; or any
affiliate of the individual applicant or controlling owner of the applicant
or affiliate of the applicant was a controlling owner of the prior permit.
		(Source: P.A. 87-636.) (210 ILCS 145/40) (from Ch. 111 1/2, par. 8351-40)Sec. 40. 
		Administration; enforcement.(a) The Department may establish a training program for the Department
agents for administration and enforcement of this Act.(b) In the administration and enforcement of this Act the Department may
designate and use full-time municipal, district, county or multi-county
health departments as its agents in the administration and enforcement of
this Act and rules.
		(Source: P.A. 87-636.) (210 ILCS 145/45) (from Ch. 111 1/2, par. 8351-45)Sec. 45. 
		Investigation; hearing; notice. 
		The Department may, upon its
own motion, and shall upon the verified complaint in writing of any person
setting forth facts which if proven would constitute grounds for the denial
of an application for a permit, or refusal to renew a permit, or revocation
of a permit, or suspension of a permit, investigate the applicant or permit
holder. The Department, after notice and opportunity for hearing, may deny
any application for or suspend or revoke a permit or may refuse to renew a
permit. Before denying an application, or refusing to renew a permit,
suspending, or revoking a permit, the Department shall notify the applicant
in writing. The notice shall specify the charges or reasons for the
Department's contemplated action. The applicant or permit holder must
request a hearing within 10 days of receipt of the notice.  Failure to
request a hearing within 10 days shall constitute a waiver of the right
to a hearing.
		(Source: P.A. 87-636.) (210 ILCS 145/50) (from Ch. 111 1/2, par. 8351-50)Sec. 50. 
		Conduct of hearing.(a) The hearing shall be conducted by the Director, or
an individual designated in writing by the Director as a hearing officer.
The Director or hearing officer may compel by subpoena or subpoena duces
tecum the attendance and testimony of witnesses and the production of books
and papers, and administer oaths to witnesses. The hearing shall be
conducted at a place designated by the Department. The procedures governing
hearings and the issuance of final orders under this Act shall be in
accordance with rules adopted by the Department.(b) All subpoenas issued by the Director or hearing officer may be
served as provided for in civil actions. The fees of witnesses for
attendance and travel shall be the same as the fees for witnesses before
the circuit court and shall be paid by the party to the proceedings at whose
request the subpoena is issued. If a subpoena is issued at the request of
the Department, the witness fee shall be paid as an administrative expense.(c) In cases of refusal of a witness to attend or testify, or to produce
books or papers, concerning any matter upon which he might be lawfully
examined, the circuit court of the county wherein the hearing is held, upon
application of any party to the proceeding, may compel obedience by
proceeding as for contempt as in cases of a like refusal to obey a similar
order of the court.
		(Source: P.A. 87-636.) (210 ILCS 145/55) (from Ch. 111 1/2, par. 8351-55)Sec. 55. 
		Findings of fact; conclusions of law; decision. 
		The Director or hearing officer shall make findings of fact
and conclusions of law in a hearing, and the Director shall
render his decision, or the hearing officer his proposal for
decision within 45 days after the termination of the hearing
unless additional time is required by him for a proper disposition
of the matter. A copy of the final decision of the Director shall
be served upon the applicant or permit holder in person or by
certified mail.
		(Source: P.A. 87-636.) (210 ILCS 145/60) (from Ch. 111 1/2, par. 8351-60)Sec. 60. 
		Surrender of permit. 
		Upon the revocation of a permit, a
permit holder shall be required to surrender the permit to the Department,
and upon his failure or refusal to do so, the Department shall have the
right to seize the same.
		(Source: P.A. 87-636.) (210 ILCS 145/65) (from Ch. 111 1/2, par. 8351-65)Sec. 65. 
		Review under Administrative Review Law; venue; costs. 
		All
final administrative decisions of the Department under this Act shall be
subject to judicial review under the provisions of Article III of the Code
of Civil Procedure. The term "administrative decision" is defined
under Section 3-101 of the Code of Civil Procedure.Proceedings for judicial review shall be commenced in the circuit court
of the county in which the party applying for review resides; provided,
that if the party is not a resident of this State, the venue shall be in
Sangamon County.The Department shall not be required to certify any record or file any
answer or otherwise appear in any proceeding for judicial review unless the
party filing the complaint deposits with the clerk of the court the sum of
95 per page representing costs of certification of the record or file.
Failure on the part of the plaintiff to make the deposit shall be grounds
for dismissal of the action.
		(Source: P.A. 87-636.) (210 ILCS 145/70) (from Ch. 111 1/2, par. 8351-70)Sec. 70. 
		Administrative Procedure Act; application. 
		The provisions of
the Illinois Administrative Procedure Act are hereby expressly adopted and
shall apply to all administrative rules and procedure of the Department
under this Act, except that in case of conflict between the Illinois
Administrative Procedure Act and this Act the provisions of this Act shall
control, and except that Section 5 of the Illinois Administrative Procedure
Act relating to procedures for rulemaking does not apply to the adoption of
any rules required by federal law in connection with which the Department is
precluded by law from exercising any discretion.
		(Source: P.A. 87-636.) (210 ILCS 145/75) (from Ch. 111 1/2, par. 8351-75)Sec. 75. 
		Penalties; fines. 
		The Department is empowered to establish
and assess penalties or fines against a permit holder for violations of
this Act or regulations adopted under this Act. In no circumstance will
any penalties or fines exceed $1,000 per day for each day the permit holder
remains in violation.
		(Source: P.A. 87-636.) (210 ILCS 145/80) (from Ch. 111 1/2, par. 8351-80)Sec. 80. Public nuisance.(a) Any tanning facility operating without a valid permit or operating
on a revoked permit shall be guilty of committing a public nuisance.(b) A person convicted of knowingly maintaining a public nuisance
commits a Class A misdemeanor.  Each subsequent offense under this Section
is a Class 4 felony.(c) The Attorney General of this State or the State's Attorney of the
county wherein the nuisance exists may commence an action to abate the
nuisance.  The court may without notice or bond enter a temporary
restraining order or a preliminary injunction to enjoin the defendant from
operating in violation of this Act.
(Source: P.A. 99-642, eff. 7-28-16.) (210 ILCS 145/83) (from Ch. 111 1/2, par. 8351-83)Sec. 83. 
		Tanning Facility Permit Fund. 
		There is hereby created in the State
Treasury a special fund to be known as the Tanning Facility Permit Fund.  All
fees and fines collected by the Department under this Act and any agreement for
the implementation of this Act and rules under Section 40(b) and any federal
funds collected pursuant to the administration of this Act shall be deposited
into the Fund.  The amount deposited shall be
appropriated by the
General Assembly to the Department for the purpose of conducting activities
relating to tanning facilities.
		(Source: P.A. 92-84, eff. 7-1-02.) (210 ILCS 145/90) (from Ch. 111 1/2, par. 8351-90)Sec. 90. 
		This Act takes effect July 1, 1992. 
		(Source: P.A. 87-636.)
(210 ILCS 15/0.01) (from Ch. 111 1/2, par. 599)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Blood Donation Act.
		(Source: P.A. 86-1324.) (210 ILCS 15/1) (from Ch. 111 1/2, par. 600)Sec. 1. 
		
		(a) Any person 17 years of age or older may donate blood,
if the donation be completely voluntary, without the necessity of obtaining
the permission or authorization of his or her parent or guardian.(b) Any person 16 years of age may donate blood, if that person obtains
written permission or authorization from his or her parent or guardian.No donation shall be construed to be involuntary within the meaning of
this Section solely because the donor receives a right to any lawful
preference or special treatment of any kind in receiving blood in return
for his donation.
		(Source: P.A. 86-540.)
(210 ILCS 150/1)Sec. 1. Short title. This Act may be cited as the Safe Pharmaceutical Disposal Act.
(Source: P.A. 96-221, eff. 1-1-10.) (210 ILCS 150/5)Sec. 5. Definitions. In this Act:"Health care institution" means any public or private institution or agency licensed or certified by State law to provide health care. The term includes hospitals, nursing homes, residential health care facilities, home health care agencies, hospice programs operating in this State, institutions, facilities, or agencies that provide services to persons with mental health illnesses, and institutions, facilities, or agencies that provide services for persons with developmental disabilities."Law enforcement agency" means any federal, State, or local law enforcement agency, including a State's Attorney and the Attorney General."Nurse" means an advanced practice registered nurse, registered nurse, or licensed practical nurse licensed under the Nurse Practice Act."Public wastewater collection system" means any wastewater collection system regulated by the Environmental Protection Agency."Unused medication" means any unopened, expired, or excess (including medication unused as a result of the death of the patient) medication that has been dispensed for patient or resident care and that is in a liquid or solid form. The term includes, but is not limited to, suspensions, pills, tablets, capsules, and caplets. For long-term care facilities licensed under the Nursing Home Care Act, "unused medication" does not include any Schedule II controlled substance under federal law in any form, until such time as the federal Drug Enforcement Administration adopts regulations that permit these facilities to dispose of controlled substances in a manner consistent with this Act.

(Source: P.A. 102-558, eff. 8-20-21.) (210 ILCS 150/10)Sec. 10. Disposal of unused medications prohibited.(a) Except for medications contained in intraperitoneal solutions, intravenous fluids, syringes, or transdermal patches, no health care institution, nor any employee, staff person, contractor, or other person acting under the direction or supervision of a health care institution, may discharge, dispose of, flush, pour, or empty any unused medication into a public wastewater collection system or septic system.(b) A violation of this Section is a petty offense subject to a fine of $500. Fines collected under this Act from facilities licensed under the Nursing Home Care Act shall be deposited into the Long Term Care Monitor/Receiver Fund. Fines collected from all other health care institutions under this Act shall be deposited into the Environmental Protection Trust Fund.
(Source: P.A. 100-612, eff. 1-1-19.) (210 ILCS 150/15)Sec. 15. Health care institution protocols.  Nursing homes, residential health care facilities, home health care agencies, hospice programs operating in this State, institutions, facilities, or agencies that provide services to persons with mental health illnesses, and institutions, facilities, or agencies that provide services for persons with developmental disabilities shall modify their written medication protocols to be consistent with the requirements of this Act.
(Source: P.A. 96-221, eff. 1-1-10.) (210 ILCS 150/17)Sec. 17. Pharmaceutical disposal.     Notwithstanding any
provision of law, any county or municipality may
authorize the use of its city hall, police department, or any other facility under the county's or municipality's control to
display a container suitable for use as a receptacle for used,
expired, or unwanted pharmaceuticals. These used, expired, or
unwanted pharmaceuticals may include unused medication and prescription drugs, as well as controlled substances if collected in accordance with federal law. This
receptacle shall only permit the deposit of items, and the
contents shall be locked and secured. The container shall be
accessible to the public and shall have posted clearly legible
signage indicating that expired or unwanted prescription drugs
may be disposed of in the receptacle. The county or municipality shall provide continuous or regular notice to the public regarding the availability of the receptacle. To the extent allowed under federal law, pharmaceuticals collected under this Section may be disposed of in a drug destruction device, as defined in Section 22.58 of the Environmental Protection Act. 
(Source: P.A. 99-480, eff. 9-9-15; 100-250, eff. 8-22-17.) (210 ILCS 150/18)Sec. 18. Unused medications at the scene of a death.(a)     Notwithstanding any provision of law to the contrary, the Illinois State Police may by rule authorize State Police officers to dispose of any unused medications found at the scene of a death the State Police officer is investigating. A State Police officer may only dispose of any unused medications under this subsection after consulting with any other investigating law enforcement agency to ensure that the unused medications will not be needed as evidence in any investigation. This Section shall not apply to any unused medications a State Police officer takes into custody as part of any investigation into a crime.(b)     Notwithstanding any provision of law to the contrary, a local governmental agency may authorize police officers to dispose of any unused medications found at the scene of a death a police officer is investigating. A police officer may only dispose of any unused medications under this subsection after consulting with any other investigating law enforcement agency to ensure that the unused medications will not be needed as evidence in any investigation. This Section shall not apply to any unused medications a police officer takes into custody as part of any investigation into a crime.(c)    Notwithstanding any provision of law to the contrary, a coroner or medical examiner may dispose of any unused medications found at the scene of a death the coroner or medical examiner is investigating. A coroner or medical examiner may only dispose of any unused medications under this subsection after consulting with any investigating law enforcement agency to ensure that the unused medications will not be needed as evidence in any investigation.(d)     Any disposal under this Section shall be in accordance with Section 17 of this Act or another State or federally approved medication take-back program or location.(e)     This Section shall not apply to prescription drugs for which the United States Food and Drug Administration created a Risk Evaluation and Mitigation Strategy for under the Food and Drug Administration Amendments Act of 2007.(f)      Nothing in this Section shall be construed to require a search of the scene for unused medications.(g)  Prior to disposal of any medication collected as evidence in a criminal investigation under this Section, a State Police officer, police officer, coroner, or medical examiner shall photograph the unused medication and its container or packaging, if available; document the number or amount of medication to be disposed; and include the photographs and documentation in the police report, coroner report, or medical examiner report.(h) If an autopsy is performed as part of a death investigation, no medication seized under this Section shall be disposed of until after a toxicology report is received by the entity requesting the report.(i)     If a police officer, State Police officer, coroner, or medical examiner is not present at the scene of a death, a nurse may dispose of any unused medications found at the scene of a death the nurse is present at while engaging in the performance of his or her duties. A nurse may dispose of any unused medications under this subsection only after consulting with any investigating law enforcement agency to ensure that the unused medications will not be needed as evidence in an investigation.(j)      When an individual authorized to dispose of unused medication under this Section disposes of unused medication under this Section in good faith, the individual, and his or her employer, employees, and agents, shall incur no criminal liability or professional discipline.(Source: P.A. 102-538, eff. 8-20-21.) (210 ILCS 150/20)Sec. 20. Oversight.  Each agency having regulatory oversight responsibility for a type of health care institution as defined in this Act shall be responsible for ensuring those institutions' compliance with this Act.
(Source: P.A. 96-221, eff. 1-1-10.) (210 ILCS 150/99)Sec. 99. Effective date. This Act takes effect January 1, 2010.
(Source: P.A. 96-221, eff. 1-1-10.)
(210 ILCS 155/1)Sec. 1. Short title. This Act may be cited as the Long Term Acute Care Hospital Quality Improvement Transfer Program Act.
(Source: P.A. 96-1130, eff. 7-20-10.) (210 ILCS 155/5)Sec. 5. Purpose of Act. The General Assembly finds that it is vital for the State of Illinois to find methods to improve the health care outcomes of patients served by the healthcare programs operated by the Department of Healthcare and Family Services. Improving a patient's health not only benefits the patient's quality of life but also results in a more efficient use of the resources needed to provide care. Estimates show that the Long Term Acute Care Hospital Quality Improvement Transfer Program established under this Act could save approximately $10,000,000 annually. The program focuses on some of the most severely injured and ill patients in the State of Illinois. It is designed to better utilize the specialized services available in the State to improve these patients' health outcomes and to enhance the continuity and coordination of care for these patients. This program serves as one of the many pieces needed to reform the State of Illinois' healthcare programs to better serve the people of the State of Illinois.
(Source: P.A. 96-1130, eff. 7-20-10.) (210 ILCS 155/10)Sec. 10. Definitions. As used in this Act:(a) "CARE tool" means the Continuity and Record Evaluation (CARE) tool. It is a patient assessment instrument that has been developed to document the medical, cognitive, functional, and discharge status of persons receiving health care services in acute and post-acute care settings. The data collected is able to document provider-level quality of care (patient outcomes) and characterize the clinical complexity of patients. For the purposes of this Act, the CARE tool must be identical to the most current version required by the federal Centers for Medicare and Medicaid Services.(b)  "Department" means the Illinois Department of Healthcare and Family Services.(c) "Discharge" means the release of a patient from hospital care for any discharge disposition other than a leave of absence, even if for Medicare payment purposes the discharge fits the definition of an interrupted stay.(d) "FTE" means "full-time equivalent" or a person or persons employed in one full-time position.(e) "Hospital" means an institution, place, building, or agency located in this State that is licensed as a general acute hospital by the Illinois Department of Public Health under the Hospital Licensing Act, whether public or private and whether organized for profit or not-for-profit.(f) "ICU" means intensive care unit.(g) "LTAC hospital" means an Illinois hospital that is designated by Medicare as a long term acute care hospital as described in Section 1886(d)(1)(B)(iv)(I) of the Social Security Act and has an average length of Medicaid inpatient stay greater than 25 days as reported on the hospital's 2008 Medicaid cost report on file as of February 15, 2010, or a hospital that begins operations after January 1, 2009 and is designated by Medicare as a long term acute care hospital.(h) "LTAC hospital criteria" means nationally recognized evidence-based evaluation criteria that have been publicly tested and includes criteria specific to an LTAC hospital for admission, continuing stay, and discharge. The criteria cannot include criteria derived or developed by or for a specific hospital or group of hospitals. Criteria and tools developed by hospitals or hospital associations or hospital-owned organizations are not acceptable and do not meet the requirements of this subsection.(i) "Patient" means an individual who is admitted to a hospital for an inpatient stay.(j) "Program" means the Long Term Acute Care Hospital Quality Improvement Transfer Program established by this Act.(k)  "STAC hospital" means a hospital that is not an LTAC hospital as defined in this Act or a psychiatric hospital or a rehabilitation hospital.

(Source: P.A. 97-662, eff. 1-13-12; 97-667, eff. 1-13-12; 98-997, eff. 8-18-14.) (210 ILCS 155/15)Sec. 15. Qualifying hospitals.(a) Beginning October 1, 2010, the Department shall establish the Long Term Acute Care Hospital Quality Improvement Transfer Program. Any hospital may participate in the program if it meets the requirements of this Section as determined by the Department.(b) To participate in the program a hospital must do the following:(1) Operate as an LTAC hospital.(2) Employ one-half of an FTE (designated for case     management) for every 15 patients admitted to the hospital.(3) Maintain on-site physician coverage 24 hours a     day, 7 days a week.(4) Maintain on-site respiratory therapy coverage 24     hours a day, 7 days a week.(c) A hospital must also execute a program participation agreement with the Department. The agreement must include:(1) An attestation that the hospital complies with     the criteria in subsection (b) of this Section.(2) A process for the hospital to report its     continuing compliance with subsection (b) of this Section. The hospital must submit a compliance report at least annually.(3) A requirement that the hospital complete and     electronically submit to the Department for each patient no later than 13 calendar days after discharge:(A) the CARE tool in the format required by the         federal Centers for Medicare and Medicaid Services; and(B) in an electronic format developed by the         Department, (i) whether the patient was successfully weaned off invasive mechanical ventilation, (ii) whether the patient, if the patient was a ventilator patient, acquired pneumonia, and (iii) whether the patient fell and required an ancillary or surgical procedure (e.g., x-ray, MRI, sutures, or surgery).(4) A requirement that the hospital use a patient     satisfaction survey specifically designed for LTAC hospital settings. The hospital must submit survey results data to the Department at least annually.(5) A requirement that the hospital accept all     clinically approved patients for admission or transfer from a STAC hospital with the exception of STAC hospitals identified in paragraphs (1) and (2) under subsection (a) of Section 25 of this Act. The patient must be evaluated using LTAC hospital criteria approved by the Department for use in this program and meet the appropriate criteria.(6) A requirement that the hospital report quality     and outcome measurement data, as described in Section 20 of this Act, to the Department at least annually.(7) A requirement that the hospital provide the     Department full access to patient data and other data maintained by the hospital. Access must be in compliance with State and federal law.(8) A requirement that the hospital use LTAC hospital     criteria to evaluate patients that are admitted to the hospital to determine that the patient is in the most appropriate setting. (Source: P.A. 98-997, eff. 8-18-14.) (210 ILCS 155/20)Sec. 20. Quality and outcome measurement data.(a) For proper evaluation and monitoring of the program, each LTAC hospital must provide quality and outcome measurement data ("measures") identical to Medicare as specified in Medicare's LTCH Quality Reporting Program Manual (version 2.0) and any subsequent revisions.(b) Two sets of measures must be calculated. The first set should only use data for medical assistance patients, and the second set should include all patients of the LTAC hospital regardless of payer.(c) (Blank).(d) (Blank).(e) (Blank).(f) (Blank).(g) (Blank).(h) (Blank).
(Source: P.A. 98-997, eff. 8-18-14.) (210 ILCS 155/25)Sec. 25. Quality improvement transfer program.(a) The Department may exempt the following STAC hospitals from the requirements in this Section:(1) A hospital operated by a county with a population     of 3,000,000 or more.(2) A hospital operated by a State agency or a State     university.(b) STAC hospitals may transfer patients who meet criteria in the LTAC hospital criteria and are medically stable for discharge from the STAC hospital.(c) A patient in a STAC hospital may be exempt from a transfer if:(1) The patient's physician does not issue an order     for a transfer;(2) The patient or the individual legally authorized     to make medical decisions for the patient refuses the transfer; or(3) The patient's care is primarily paid for by     Medicare or another third party. The exemption in this paragraph (3) of subsection (c) does not apply to a patient who has exhausted his or her Medicare benefits resulting in the Department becoming the primary payer. (Source: P.A. 96-1130, eff. 7-20-10.) (210 ILCS 155/30)Sec. 30. LTAC hospital duties.(a) The LTAC hospital must notify the Department within 5 calendar days if it no longer meets the requirements under subsection (b) of Section 15.(b) The LTAC hospital may terminate the agreement under subsection (c) of Section 15 with 30 calendar days' notice to the Department.(c) The LTAC hospital must develop patient and family education materials concerning the Program and submit those materials to the Department for review and approval.(d) The LTAC hospital must retain the patient's admission evaluation to document that the patient meets the LTAC hospital criteria and is eligible to receive the LTAC supplemental per diem rate described in Section 35 of this Act.

(Source: P.A. 96-1130, eff. 7-20-10.) (210 ILCS 155/35)Sec. 35. LTAC supplemental per diem rate.(a) The Department must pay an LTAC supplemental per diem rate calculated under this Section to LTAC hospitals that meet the requirements of Section 15 of this Act for patients:(1) who upon admission to the LTAC hospital meet LTAC     hospital criteria; and(2) whose care is primarily paid for by the     Department under Title XIX of the Social Security Act or whose care is primarily paid for by the Department after the patient has exhausted his or her benefits under Medicare.(b) The Department must not pay the LTAC supplemental per diem rate calculated under this Section if any of the following conditions are met:(1) the LTAC hospital no longer meets the     requirements under Section 15 of this Act or terminates the agreement specified under Section 15 of this Act;(2) the patient does not meet the LTAC hospital     criteria upon admission; or(3) the patient's care is primarily paid for by     Medicare and the patient has not exhausted his or her Medicare benefits, resulting in the Department becoming the primary payer.(c) The Department may adjust the LTAC supplemental per diem rate calculated under this Section based only on the conditions and requirements described under Section 40 and Section 45 of this Act.(d) The LTAC supplemental per diem rate shall be calculated using the LTAC hospital's inflated cost per diem, defined in subsection (f) of this Section, and subtracting the following:(1) The LTAC hospital's Medicaid per diem inpatient     rate as calculated under 89 Ill. Adm. Code 148.270(c)(4).(2) The LTAC hospital's disproportionate share (DSH)     rate as calculated under 89 Ill. Adm. Code 148.120.(3) The LTAC hospital's Medicaid Percentage     Adjustment (MPA) rate as calculated under 89 Ill. Adm. Code 148.122.(4) The LTAC hospital's Medicaid High Volume     Adjustment (MHVA) rate as calculated under 89 Ill. Adm. Code 148.290(d).(e) LTAC supplemental per diem rates effective July 1, 2012 shall be the amount in effect as of October 1, 2010. No new hospital may qualify for the program after the effective date of this amendatory Act of the 97th General Assembly.(f) For the purposes of this Section, "inflated cost per diem" means the quotient resulting from dividing the hospital's inpatient Medicaid costs by the hospital's Medicaid inpatient days and inflating it to the most current period using methodologies consistent with the calculation of the rates described in paragraphs (2), (3), and (4) of subsection (d). The data is obtained from the LTAC hospital's most recent cost report submitted to the Department as mandated under 89 Ill. Adm. Code 148.210.(g) On and after July 1, 2012, the Department shall reduce any rate of reimbursement for services or other payments or alter any methodologies authorized by this Act or the Illinois Public Aid Code to reduce any rate of reimbursement for services or other payments in accordance with Section 5-5e of the Illinois Public Aid Code. (Source: P.A. 96-1130, eff. 7-20-10; 97-689, eff. 6-14-12.) (210 ILCS 155/40)Sec. 40. Rate adjustments for quality measures.(a) The Department may adjust the LTAC supplemental per diem rate calculated under Section 35 of this Act based on the requirements of this Section.(b) After the first year of operation of the Program established by this Act, the Department may reduce the LTAC supplemental per diem rate calculated under Section 35 of this Act by no more than 5% for an LTAC hospital that does not meet benchmarks or targets set by the Department under paragraph (2) of subsection (b) of Section 50.(c) After the first year of operation of the Program established by this Act, the Department may increase the LTAC supplemental per diem rate calculated under Section 35 of this Act by no more than 5% for an LTAC hospital that exceeds the benchmarks or targets set by the Department under paragraph (2) of subsection (a) of Section 50.(d) If an LTAC hospital misses a majority of the benchmarks for quality measures for 3 consecutive years, the Department may reduce the LTAC supplemental per diem rate calculated under Section 35 of this Act to zero.(e) An LTAC hospital whose rate is reduced under subsection (d) of this Section may have the LTAC supplemental per diem rate calculated under Section 35 of this Act reinstated once the LTAC hospital achieves the necessary benchmarks or targets.(f) The Department may apply the reduction described in subsection (d) of this Section after one year instead of 3 to an LTAC hospital that has had its rate previously reduced under subsection (d) of this Section and later has had it reinstated under subsection (e) of this Section.(g) The rate adjustments described in this Section shall be determined and applied only at the beginning of each rate year.(h) On and after July 1, 2012, the Department shall reduce any rate of reimbursement for services or other payments or alter any methodologies authorized by this Act or the Illinois Public Aid Code to reduce any rate of reimbursement for services or other payments in accordance with Section 5-5e of the Illinois Public Aid Code. (Source: P.A. 96-1130, eff. 7-20-10; 97-689, eff. 6-14-12.) (210 ILCS 155/45)Sec. 45. Program evaluation.(a) By September 30, 2012, the Department must complete an evaluation of the Program to determine the actual savings or costs generated by the Program, both on an aggregate basis and on an LTAC hospital-specific basis.(b) The Department shall consult with qualified LTAC hospitals to determine the appropriate methodology to accurately calculate the Program's savings and costs. The calculation shall take into consideration, but shall not be limited to, the length of stay in an acute care hospital prior to transfer, the length of stay in the LTAC taking into account the acuity of the patient at the time of the LTAC admission, and admissions to the LTAC from settings other than an STAC hospital.(c) The evaluation must also determine the effects the Program has had in improving patient satisfaction and health outcomes.(d) If the evaluation indicates that the Program generates a net cost to the Department, the Department may prospectively adjust an individual hospital's LTAC supplemental per diem rate under Section 35 of this Act to establish cost neutrality. The rate adjustments applied under this subsection (d) do not need to be applied uniformly to all qualified LTAC hospitals as long as the adjustments are based on data from the evaluation on hospital-specific information. Cost neutrality under this Section means that the cost to the Department resulting from the LTAC supplemental per diem rate must not exceed the savings generated from transferring the patient from a STAC hospital.(e) The rate adjustment described in subsection (d) of this Section, if necessary, shall be applied to the LTAC supplemental per diem rate for the rate year beginning October 1, 2014. The Department may apply this rate adjustment in subsequent rate years if the conditions under subsection (d) of this Section are met. The Department must apply the rate adjustment to an individual LTAC hospital's LTAC supplemental per diem rate only in years when the Program evaluation indicates a net cost for the Department.(f) The Department may establish a shared savings program for qualified LTAC hospitals.
(Source: P.A. 96-1130, eff. 7-20-10; 97-689, eff. 6-14-12.) (210 ILCS 155/50)Sec. 50. Duties of the Department.(a) The Department is responsible for implementing, monitoring, and evaluating the program. This includes but is not limited to:(1) Collecting data required under Section 15 and     data necessary to calculate the measures under Section 20 of this Act. The Department must make every effort to collect this data with the minimal amount of administrative burden to participating LTAC hospitals.(2) Setting annual benchmarks or targets for the     measures in Section 20 of this Act. The Department must consult participating LTAC hospitals when setting these benchmarks and targets.(3) Monitoring compliance with all requirements of     this Act.(b) The Department shall include specific information on the Program in its annual medical programs report.(c) The Department must establish monitoring procedures that ensure the LTAC supplemental payment is only paid for patients who upon admission meet the LTAC hospital criteria. The Department must notify qualified LTAC hospitals of the procedures and establish an appeals process as part of those procedures. The Department must recoup any LTAC supplemental payments that are identified as being paid for patients who do not meet the LTAC hospital criteria.(d) The Department must implement the program by October 1, 2010.(e) The Department must create and distribute to LTAC hospitals the agreement required under subsection (c) of Section 15 no later than September 1, 2010.(f) The Department must notify Illinois hospitals which LTAC hospital criteria are approved for use under the program.
The Department may limit LTAC hospital criteria to the most strict criteria that meet the definitions of this Act.(g) (Blank).(h) The Department must notify Illinois LTAC hospitals of the program and inform them how to apply for qualification and what the qualification requirements are as described under Section 15 of this Act.(i) The Department must notify Illinois STAC hospitals about the operation and implementation of the program established by this Act. The Department must also notify LTAC hospitals that accepting transfers from the STAC hospitals identified in paragraphs (1) and (2) under subsection (a) of Section 25 of this Act are not required under paragraph (5) of subsection (c) of Section 15 of this Act. The Department must notify LTAC hospitals that accepting transfers from the STAC hospitals identified in paragraphs (1) and (2) under subsection (a) of Section 25 of this Act shall negatively impact the savings calculations under the Program evaluation required by Section 40 of this Act and shall in turn require the Department to initiate the penalty described in subsection (d) of Section 40 of this Act.(j) The Department shall deem LTAC hospitals qualified under Section 15 of this Act as qualifying for expedited payments.(k) The Department may use up to $500,000 of funds contained in the Public Aid Recoveries Trust Fund per State fiscal year to operate the program under this Act. The Department may expand existing contracts, issue new contracts, issue personal service contracts, or purchase other services, supplies, or equipment.(l) The Department may promulgate rules as allowed by the Illinois Administrative Procedure Act to implement this Act; however, the requirements under this Act shall be implemented by the Department even if the Department's proposed rules are not yet adopted by the implementation date of October 1, 2010.
(Source: P.A. 98-997, eff. 8-18-14.) (210 ILCS 155/55)Sec. 55. Demonstration care coordination program for post-acute care.(a) The Department may develop a demonstration care coordination program for LTAC hospital appropriate patients with the goal of improving the continuum of care for patients who have been discharged from an LTAC hospital.(b) The program shall require risk-sharing and quality targets. 
(Source: P.A. 97-689, eff. 6-14-12.) (210 ILCS 155/99)Sec. 99. Effective date. This Act takes effect upon becoming law. 
(Source: P.A. 96-1130, eff. 7-20-10.)
(210 ILCS 160/1)Sec. 1. Short title. This Act may be cited as the Health Care Violence Prevention Act.
(Source: P.A. 100-1051, eff. 1-1-19.) (210 ILCS 160/5)Sec. 5. Definitions.  As used in this Act:"Committed person" means a person who is in the custody of or under the control of a custodial agency, including, but not limited to, a person who is incarcerated, under arrest, detained, or otherwise under the physical control of a custodial agency."Custodial agency" means the Illinois Department of Corrections, the Illinois State Police, the sheriff of a county, a county jail, a correctional institution, or any other State agency, municipality, or unit of local government that employs personnel designated as police, peace officers, wardens, corrections officers, or guards or that employs personnel vested by law with the power to place or maintain a person in custody."Health care provider" means a retail health care facility, a hospital subject to the Hospital Licensing Act or the University of Illinois Hospital Act, or a veterans home as defined in the Department of Veterans' Affairs Act."Health care worker" means nursing assistants and other support personnel, any individual licensed under the laws of this State to provide health services, including but not limited to: dentists licensed under the Illinois Dental Practice Act; dental hygienists licensed under the Illinois Dental Practice Act; nurses and advanced practice registered nurses licensed under the Nurse Practice Act; occupational therapists licensed under the Illinois Occupational Therapy Practice Act; optometrists licensed under the Illinois Optometric Practice Act of 1987; pharmacists licensed under the Pharmacy Practice Act; physical therapists licensed under the Illinois Physical Therapy Act; physicians licensed under the Medical Practice Act of 1987; physician assistants licensed under the Physician Assistant Practice Act of 1987; podiatric physicians licensed under the Podiatric Medical Practice Act of 1987; clinical psychologists licensed under the Clinical Psychologist Licensing Act; clinical social workers licensed under the Clinical Social Work and Social Work Practice Act; speech-language pathologists and audiologists licensed under the Illinois Speech-Language Pathology and Audiology Practice Act; or hearing instrument dispensers licensed under the Hearing Instrument Consumer Protection Act, or any of their successor Acts."Nurse" means a person who is licensed to practice nursing under the Nurse Practice Act."Retail health care facility" means an institution, place, or building, or any portion thereof, that:(1) is devoted to the maintenance and operation of a     facility for the performance of health care services and is located within a retail store at a specific location;(2) does not provide surgical services or any form of     general anesthesia;(3) does not provide beds or other accommodations for     either the long-term or overnight stay of patients; and(4) discharges individual patients in an ambulatory     condition without danger to the continued well-being of the patients and transfers non-ambulatory patients to hospitals."Retail health care facility" does not include hospitals, long-term care facilities, ambulatory treatment centers, blood banks, clinical laboratories, offices of physicians, advanced practice registered nurses, podiatrists, and physician assistants, and pharmacies that provide limited health care services. 
(Source: P.A. 100-1051, eff. 1-1-19.) (210 ILCS 160/10)Sec. 10. Application. This Act applies to health care providers and custodial agencies as defined in Section 5.This Act does not apply to an owner of an institution, place, building, or any portion of the institution, place, or building, who directly or indirectly leases space that is used by the lessee to operate a retail health care facility.
(Source: P.A. 100-1051, eff. 1-1-19.) (210 ILCS 160/15)Sec. 15. Workplace safety.(a) A health care worker who contacts law enforcement or files a report with law enforcement against a patient or individual because of workplace violence shall provide notice to management of the health care provider by which he or she is employed within 3 days after  contacting law enforcement or filing the report.(b) No management of a health care provider may discourage a health care worker from exercising his or her right to contact law enforcement or file a report with law enforcement because of workplace violence.(c) A health care provider that employs a health care worker shall display a notice, either by physical or electronic means,  stating that verbal aggression will not be tolerated and physical assault will be reported to law enforcement.(d) The health care provider shall offer immediate post-incident services for a health care worker directly involved in a workplace violence incident caused by patients or their visitors, including acute treatment and access to psychological evaluation.
(Source: P.A. 102-4, eff. 4-27-21.) (210 ILCS 160/20)Sec. 20. Workplace violence prevention program.(a) A health care provider shall create a workplace violence prevention program that complies with the Occupational Safety and Health Administration guidelines for preventing workplace violence for health care and social service workers as amended or updated by the Occupational Safety and Health Administration.(a-5) In addition, the workplace violence prevention program shall include:(1) the following classifications of workplace     violence as one of 4 possible types:(A)   "Type 1 violence" means workplace violence         committed by a person who has no legitimate business at the work site and includes violent acts by anyone who enters the workplace with the intent to commit a crime.(B)   "Type 2 violence" means workplace violence         directed at employees by customers, clients, patients, students, inmates, visitors, or other individuals accompanying a patient.(C)   "Type 3 violence" means workplace violence         against an employee by a present or former employee, supervisor, or manager.(D)    "Type 4 violence" means workplace violence         committed in the workplace by someone who does not work there, but has or is known to have had a personal relationship with an employee;(2)   management commitment and worker participation,     including, but not limited to, nurses;(3)   worksite analysis and identification of     potential hazards;(4)   hazard prevention and control;(5)   safety and health training with required hours     determined by rule; and(6)   recordkeeping and evaluation of the violence     prevention program.(b) The Department of Public Health may by rule adopt additional criteria for workplace violence prevention programs.
(Source: P.A. 100-1051, eff. 1-1-19; 101-81, eff. 7-12-19.) (210 ILCS 160/25)Sec. 25. Whistleblower protection. The Whistleblower Act applies to health care providers and their employees with respect to actions taken to implement or enforce compliance with this Act.
(Source: P.A. 100-1051, eff. 1-1-19.) (210 ILCS 160/30)Sec. 30. Medical care for committed persons.(a) If a committed person receives medical care and treatment at a place other than an institution or facility of the Department of Corrections, a county, or a municipality, then the institution or facility shall:(1) to the greatest extent practicable, notify the     hospital or medical facility that is treating the committed person prior to the committed person's visit and notify the hospital or medical facility of any significant medical, mental health, recent violent actions, or other safety concerns regarding the patient;(2) to the greatest extent practicable, ensure the     transferred committed person is accompanied by the most comprehensive medical records possible;(3) provide at least one guard trained in custodial     escort and custody of high-risk committed persons to accompany any committed person.  The custodial agency shall attest to such training for custodial escort and custody of high-risk committed persons through: (A) the training of the  Department of Corrections, Department of Juvenile Justice, or Illinois State Police; (B) law enforcement training that is substantially equivalent to the  training of the  Department of Corrections, Department of Juvenile Justice, or Illinois State Police; or (C) the training described in Section 35. Under no circumstances may leg irons or shackles or waist shackles be used on any pregnant female prisoner who is in labor. In addition,  restraint of a pregnant female prisoner in the custody of the Cook County shall comply with Section 3-15003.6 of the Counties Code. Additionally, restraints shall not be used on a committed person if medical personnel determine that the restraints would impede medical treatment; and(4) ensure that only medical personnel, Department of     Corrections, county, or municipality personnel, and visitors on the committed person's approved institutional visitors list may visit the committed person. Visitation by a person on the committed person's approved institutional visitors list shall be subject to the rules and procedures of the hospital or  medical facility and the Department of Corrections, county, or municipality. In any situation in which a committed person is being visited:(A) the name of the visitor must be listed per         the facility's or institution's documentation;(B) the visitor shall submit to the search of his         or her person or any personal property under his or her control at any time; and(C) the custodial agency may deny the committed         person access to a telephone or limit the number of visitors the committed person may receive for purposes of safety.If a committed person receives medical care and treatment at a place other than an institution or facility of the Department of Corrections, county, or municipality, then the custodial agency shall ensure that the committed person is wearing security restraints in accordance with the custodial agency's rules and procedures if the custodial agency determines that restraints are necessary for the following reasons: (i) to prevent physical harm to the committed person or another person; (ii) because the committed person has a history of disruptive behavior that has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior; or (iii) there is a well-founded belief that the committed person presents a substantial risk of flight. Under no circumstances may leg irons or shackles or waist shackles be used on any pregnant female prisoner who is in labor. In addition, restraint of a pregnant female prisoner in the custody of the Cook County shall comply with Section 3-15003.6 of the Counties Code.The hospital or medical facility may establish protocols for the receipt of committed persons  in collaboration with the Department of Corrections, county, or municipality, specifically with regard to potentially violent persons.(b) If a committed person receives medical care and treatment at a place other than an institution or facility of the Department of Juvenile Justice, then the institution or facility shall:(1) to the greatest extent practicable, notify the     hospital or medical facility that is treating the committed person prior to the committed person's visit, and notify the hospital or medical facility of any significant medical, mental health, recent violent actions, or other safety concerns regarding the patient;(2) to the greatest extent practicable, ensure the     transferred committed person is accompanied by the most comprehensive medical records possible;(3) provide: (A) at least one guard trained in     custodial escort and custody of high-risk committed persons to accompany any committed person. The custodial agency  shall attest to such training for custodial escort and custody of high-risk committed persons through: (i) the training of the  Department of Corrections, Department of Juvenile Justice, or Illinois State Police, (ii) law enforcement training that is substantially equivalent to the  training of the  Department of Corrections, Department of Juvenile Justice, or Illinois State Police, or (iii) the training described  in Section 35; or (B) 2 guards to accompany the committed person at all times during the visit to the hospital or medical facility; and(4) ensure that only medical personnel, Department of     Juvenile Justice personnel, and visitors on the committed person's approved institutional visitors list may visit the committed person. Visitation by a person on the committed person's approved institutional visitors list shall be subject to the rules and procedures of the hospital or  medical facility and the Department of Juvenile Justice. In any situation in which a committed person is being visited:(A)   the name of the visitor must be listed per         the facility's or institution's documentation;(B)   the visitor shall submit to the search of         his or her person or any personal property under his or her control at any time; and(C)   the custodial agency may deny the committed         person access to a telephone or limit the number of visitors the committed person may receive for purposes of safety.If a committed person receives medical care and treatment at a place other than an institution or facility of the Department of Juvenile Justice, then the Department of Juvenile Justice shall ensure that the committed person is wearing security restraints on either his or her wrists or ankles in accordance with the rules and procedures of the Department of Juvenile Justice if the Department of Juvenile Justice determines that restraints are necessary for the following reasons: (i) to prevent physical harm to the committed person or another person; (ii) because the committed person has a history of disruptive behavior that has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior; or (iii) there is a well-founded belief that the committed person presents a substantial risk of flight. Any restraints used on a committed person under this paragraph shall be the least restrictive restraints necessary to prevent flight or physical harm to the committed person or another person. Restraints shall not be used on the committed person as provided in this paragraph if medical personnel determine that the restraints would impede medical treatment. Under no circumstances may leg irons or shackles or waist shackles be used on any pregnant female prisoner who is in labor. In addition, restraint of a pregnant female prisoner in the custody of the Cook County shall comply with Section 3-15003.6 of the Counties Code.The hospital or medical facility may establish protocols for the receipt of committed persons in collaboration with the Department of Juvenile Justice, specifically with regard to persons recently exhibiting violence.
(Source: P.A. 102-538, eff. 8-20-21.) (210 ILCS 160/35)Sec. 35. Custodial agency training. The Illinois Law Enforcement Training Standards Board shall establish a curriculum for custodial escort and custody of high-risk committed persons certification, which shall include, but not be limited to, the following:(1)   handcuffing or shackling of a high-risk     committed person;(2)   mobile transportation of a committed person     with defense from the committed person's attack;(3)   outside facility threat assessment;(4)   hands-on weapons retention training; and(5) custodial considerations for a high-risk     committed person in outside facilities.(Source: P.A. 100-1051, eff. 1-1-19.) (210 ILCS 160/90)Sec. 90. (Amendatory provisions; text omitted).
(Source: P.A. 100-1051, eff. 1-1-19; text omitted.) (210 ILCS 160/95)Sec. 95. (Amendatory provisions; text omitted).
(Source: P.A. 100-1051, eff. 1-1-19; text omitted.) (210 ILCS 160/100)Sec. 100. (Amendatory provisions; text omitted).
(Source: P.A. 100-1051, eff. 1-1-19; text omitted.) (210 ILCS 160/105)Sec. 105. (Amendatory provisions; text omitted).
(Source: P.A. 100-1051, eff. 1-1-19; text omitted.) (210 ILCS 160/110)Sec. 110. (Amendatory provisions; text omitted).
(Source: P.A. 100-1051, eff. 1-1-19; text omitted.) (210 ILCS 160/115)Sec. 115. (Amendatory provisions; text omitted).
(Source: P.A. 100-1051, eff. 1-1-19; text omitted.)
(210 ILCS 165/1)Sec. 1. Short title. This Act may be cited as the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities   Act.
(Source: P.A. 101-229, eff. 1-1-20.) (210 ILCS 165/5)Sec. 5. Definitions.  As used in this Act:"Authorized electronic monitoring" means the placement and use of an electronic monitoring device by a resident in his or her room in accordance with this Act."Community-integrated living arrangement" has the meaning given to that term in Section 3 of the Community-Integrated Living Arrangements Licensure and Certification Act."Department" means the Department of Human Services."Developmental disability facility" means a facility or section of a facility that is licensed by, operated by, or is under contract with the State or a political subdivision of the State and that admits persons with developmental disabilities for residential services."Electronic monitoring device" means a surveillance instrument with a fixed position video camera or an audio recording device, or a combination thereof, that is installed in a resident's room under the provisions of this Act and broadcasts or records activity or sounds occurring in the room."Resident" means a person residing in a community-integrated living arrangement or developmental disability facility."Staff" includes individuals providing supervisory of other services at a community-integrated living arrangement or developmental disability facility.
(Source: P.A. 101-229, eff. 1-1-20.) (210 ILCS 165/10)Sec. 10. Authorized electronic monitoring.(a) A resident shall be permitted to conduct authorized electronic monitoring of the resident's room through the use of electronic monitoring devices placed in the room pursuant to this Act.(b)  Nothing in this Act shall be construed to allow the use of an electronic monitoring device to take still photographs or for the nonconsensual interception of private communications.
(Source: P.A. 101-229, eff. 1-1-20.) (210 ILCS 165/15)Sec. 15. Consent.(a) Except as otherwise provided in this subsection, a resident, a resident's plenary guardian of the person, or the parent of a resident under the age of 18 must consent in writing on a notification and consent form prescribed by the Department to the authorized electronic monitoring in the resident's room.(b) A resident  or roommate may consent to authorized electronic monitoring with any conditions of the resident's choosing, including, but not limited to, the list of standard conditions provided in paragraph (7) of subsection (b) of Section 20. A resident or roommate may request that the electronic monitoring device be turned off or the visual recording component of the electronic monitoring device be blocked at any time.(c) Prior to the authorized electronic monitoring, a
resident must obtain the written consent of any other resident
residing in the room on the notification and consent form prescribed by the Department.  Except as otherwise provided in this subsection, a roommate, a roommate's plenary guardian of the person, or the parent of a roommate under the age of 18 must consent in writing to the authorized electronic monitoring in the resident's room.(c-7) Any resident previously conducting authorized electronic monitoring must obtain consent from any new roommate before the resident may resume authorized electronic monitoring.
If a new roommate does not consent to authorized electronic monitoring and the resident conducting the authorized electronic monitoring does not remove or disable the electronic monitoring device, the  staff shall turn off the device.(d)  Consent may be withdrawn by the resident or roommate at any time, and the
withdrawal of consent shall be documented in the resident's
clinical record. If a roommate withdraws consent and the resident
conducting the authorized electronic monitoring does not
remove or disable the electronic monitoring device, the
 staff may turn off the electronic monitoring device.(e) If a resident who is residing in a shared room wants to conduct authorized electronic monitoring and another resident living in or moving into the same shared room refuses to consent to the use of an electronic monitoring device, the  staff shall make a reasonable attempt to accommodate the resident who wants to conduct authorized electronic monitoring.
(Source: P.A. 101-229, eff. 1-1-20.) (210 ILCS 165/20)Sec. 20. Notice to the  staff.(a) Authorized electronic monitoring may begin only after a notification and consent form prescribed by the Department has been completed and submitted to the  staff.(b) A resident shall notify the  staff in writing of his or her intent to install an   electronic monitoring device by providing a completed notification and consent form prescribed by the Department that must include, at minimum, the following information:(1) the resident's signed consent to electronic     monitoring or the signature of the person consenting on behalf of the resident in accordance with Section 15 of this Act; if a person other than the resident signs the consent form, the form must document the following:(A) the date the resident was asked if he or she         wants authorized electronic monitoring to be conducted in accordance with subsection (a-5) of Section 15;(B) who was present when the resident was asked;         and(C) an acknowledgment that the resident did not         affirmatively object; and(2) the resident's roommate's signed consent or the     signature of the person consenting on behalf of the resident in accordance with Section 15 of this Act, if applicable, and any conditions placed on the roommate's consent; if a person other than the roommate signs the consent form, the form must document the following:(A) the date the roommate was asked if he or she         wants authorized electronic monitoring to be conducted in accordance with subsection (a-5) of Section 15;(B) who was present when the roommate was asked;         and(C) an acknowledgment that the roommate did not         affirmatively object; and(3) the type of electronic monitoring device to be     used;(4) any installation needs, such as mounting of a     device to a wall or ceiling;(5) the proposed date of installation for scheduling     purposes;(6) a copy of any contract for maintenance of the     electronic monitoring device by a commercial entity;(7) a list of standard conditions or restrictions     that the resident or a roommate may elect to place on use of the electronic monitoring device, including, but not limited to:(A) prohibiting audio recording;(B) prohibiting broadcasting of audio or video;(C) turning off the electronic monitoring device         or blocking the visual recording component of the electronic monitoring device for the duration of an exam or procedure by a health care professional;(D) turning off the electronic monitoring device         or blocking the visual recording component of the electronic monitoring device while dressing or bathing is performed; and(E) turning the electronic monitoring device off         for the duration of a visit with a spiritual advisor, ombudsman, attorney, financial planner, intimate partner, or other visitor; and(8) any other condition or restriction elected by the     resident or roommate on the use of an electronic monitoring device.(c) A copy of the completed notification and consent form shall be placed in the resident's and any roommate's clinical record and a copy shall be provided to the resident and his or her roommate, if applicable.(d) The Department shall prescribe the notification and consent form required in this Section no later than 60 days after the effective date of this Act.  If the Department has not  prescribed such a form by that date, the Office of the Attorney General shall post a notification and consent form on its website for resident use until the Department has prescribed the form.


(Source: P.A. 101-229, eff. 1-1-20.) (210 ILCS 165/25)Sec. 25. Cost and installation.(a) A resident choosing to conduct authorized electronic monitoring must do so at his or her own expense, including paying purchase, installation, maintenance, and removal costs.(b) If a resident chooses to install an electronic monitoring device that uses Internet technology for visual or audio monitoring, that resident is responsible for contracting with an Internet service provider and installing a secure, password-protected network.(c) The  staff shall make a reasonable attempt to accommodate the resident's installation needs, including, but not limited to, allowing access to a telecommunications or equipment room. Staff has the burden of proving that a requested accommodation is not reasonable.(d) The electronic monitoring device must be placed in a conspicuously visible location in the room.(e) The resident may not be charged a fee for the cost of electricity used by an electronic monitoring device.(f) All electronic monitoring device installations and supporting services shall comply with the requirements of the edition of the National Fire Protection Association (NFPA) 101 Life Safety Code in force at the time of installation and shall remain in compliance with that or any subsequent edition of NFPA 101 enforced pursuant to Part 483 of Title 42 of the Code of Federal Regulations.
(Source: P.A. 101-229, eff. 1-1-20.) (210 ILCS 165/27)Sec. 27. Assistance program.(a) Subject to appropriation, the Department shall establish a program to assist residents receiving medical assistance under Article V of the Illinois Public Aid Code in accessing authorized electronic monitoring.(b) The Department shall distribute up to $50,000 in funds on an annual basis to residents receiving medical assistance under Article V of the Illinois Public Aid Code for the purchase and installation of authorized electronic monitoring devices.(c) Applications for funds and disbursement of funds must be made in a manner prescribed by the Department.
(Source: P.A. 101-229, eff. 1-1-20.) (210 ILCS 165/30)Sec. 30. Notice to visitors.(a)  If a resident of a  community-integrated living arrangement or developmental disability facility conducts authorized electronic monitoring, a sign shall be clearly and conspicuously posted at all building entrances accessible to visitors. The notice must be entitled "Electronic Monitoring" and must state, in large, easy-to-read type, "The rooms of some residents may be monitored electronically by or on behalf of the residents.".(b) A sign shall be clearly and conspicuously posted at the entrance to a resident's room where authorized electronic monitoring is being conducted.  The notice must state, in large, easy-to-read type, "This room is electronically monitored.".(c) Staff is responsible for installing and maintaining the signage required in this Section.
(Source: P.A. 101-229, eff. 1-1-20.) (210 ILCS 165/40)Sec. 40. Obstruction of electronic monitoring devices.(a) A person or entity is prohibited from knowingly hampering, obstructing, tampering with, or destroying an electronic monitoring device installed in a resident's room without the permission of the resident or the individual who consented on behalf of the resident in accordance with Section 15 of this Act.(b) A person or entity is prohibited from knowingly hampering, obstructing, tampering with, or destroying a video or audio recording obtained in accordance with this Act without the permission of the resident or the individual who consented on behalf of the resident in accordance with Section 15 of this Act.(c) A person or entity that violates this Section is guilty of a Class B misdemeanor. A person or entity that violates this Section in the commission of or to conceal a misdemeanor offense is guilty of a Class A misdemeanor. A person or entity that violates this Section in the commission of or to conceal a felony offense is guilty of a Class 4 felony.(d) It is not a violation of this Section if a person or  staff turns off the electronic monitoring device or blocks the visual recording component of the electronic monitoring device at the direction of the resident or the person who consented on behalf of the resident in accordance with Section 15 of this Act.

(Source: P.A. 101-229, eff. 1-1-20.) (210 ILCS 165/45)Sec. 45. Dissemination of recordings.(a) Staff may not access any video or audio recording created through authorized electronic monitoring without the written consent of the resident or the person who consented on behalf of the resident in accordance with Section 15 of this Act.(b)  Except as required under the Freedom of Information Act, a recording or copy of a recording made pursuant to this Act may only be disseminated for the purpose of addressing concerns relating to the health, safety, or welfare of a resident or residents.(c) The resident or person who consented on behalf of the resident in accordance with Section 15 of this Act shall provide a copy of any video or audio recording to parties involved in a civil, criminal, or administrative proceeding, upon a party's request, if the video or audio recording was made during the time period that the conduct at issue in the proceeding allegedly occurred.
(Source: P.A. 101-229, eff. 1-1-20.) (210 ILCS 165/50)Sec. 50. Admissibility of evidence. Subject to applicable rules of evidence and procedure, any video or audio recording created through authorized electronic monitoring in accordance with this Act may be admitted into evidence in a civil, criminal, or administrative proceeding if the contents of the recording have not been edited or artificially enhanced and the video recording includes the date and time the events occurred. 
(Source: P.A. 101-229, eff. 1-1-20.) (210 ILCS 165/55)Sec. 55. Report.  Staff of each community-integrated living arrangement and developmental disability facility shall report to the Department, in a manner prescribed by the Department, the number of authorized electronic monitoring notification and consent forms received annually. The Department shall report the total number of authorized electronic monitoring notification and consent forms received by  staff of community-integrated living arrangements and developmental disability facilities to the Office of the Attorney General annually. 
(Source: P.A. 101-229, eff. 1-1-20.) (210 ILCS 165/60)Sec. 60. Liability.(a) A  community-integrated living arrangement or developmental disability facility is not civilly or criminally liable for the inadvertent or intentional disclosure of a recording by a resident or a person who consents on behalf of the resident for any purpose not authorized by this Act.(b) A  community-integrated living arrangement or developmental disability facility is not civilly or criminally liable for a violation of a resident's right to privacy arising out of any electronic monitoring conducted pursuant to this Act.
(Source: P.A. 101-229, eff. 1-1-20.) (210 ILCS 165/65)Sec. 65. Rules.  The Department shall adopt rules necessary to administer and enforce any Section of this Act. Rulemaking shall not delay the full implementation of this Act.
(Source: P.A. 101-229, eff. 1-1-20.) (210 ILCS 165/900)Sec. 900. (Amendatory provisions; text omitted).
(Source: P.A. 101-229, eff. 1-1-20; text omitted.) (210 ILCS 165/905)Sec. 905. (Amendatory provisions; text omitted).
(Source: P.A. 101-229, eff. 1-1-20; text omitted.) (210 ILCS 165/999)Sec. 999. Effective date. This Act takes effect January 1, 2020.
(Source: P.A. 101-229, eff. 1-1-20.)
(210 ILCS 170/1)Sec. 1. Short title. This Act may be cited as the Birth Center Licensing Act.
(Source: P.A. 102-518, eff. 8-20-21.) (210 ILCS 170/5)Sec. 5. Definitions. In this Act:"Birth center" means a designated site, other than a hospital:(1) in which births are planned to occur following a     normal, uncomplicated, and low-risk pregnancy;(2) that is not the pregnant person's usual place of     residence;(3)  that is dedicated to serving the     childbirth-related needs of pregnant persons and their newborns, and has no more than 10 beds;(4) that offers prenatal care and community education     services and coordinates these services with other health care services available in the community; and(5) that does not provide general anesthesia or     surgery."Certified nurse midwife" means an advanced practice registered nurse licensed in Illinois under the Nurse Practice Act with full practice authority or who is delegated such authority as part of a written collaborative agreement with a physician who is associated with the birthing center or who has privileges at a nearby birthing hospital."Department" means the Illinois Department of Public Health."Hospital" does not include places where pregnant females are received, cared for, or treated during delivery if it is in a licensed birth center, nor include any facility required to be licensed as a birth center."Licensed certified professional midwife" means a person who has successfully met the requirements under Section 45 of the Licensed Certified Professional Midwife Practice Act and holds an active license to practice as a licensed certified professional midwife in Illinois."Physician" means a physician licensed to practice medicine in all its branches in Illinois.
(Source: P.A. 102-518, eff. 8-20-21; 102-964, eff. 1-1-23; 102-1117, eff. 1-13-23.) (210 ILCS 170/10)Sec. 10. License required. Except as provided by this Act, no person shall open, manage, conduct, offer, maintain, or advertise as a birth center without a valid license issued by the Department. All birth centers in existence as of the effective date of this Act shall obtain a valid license to operate within 2 years after the adoption of rules by the Department to implement this Act under Section 60.
(Source: P.A. 102-518, eff. 8-20-21.) (210 ILCS 170/15)Sec. 15. Issuance and renewal of license.(a) An applicant for a license under this Act shall submit an application on forms prescribed by the Department.  Each application shall be accompanied by a nonrefundable license fee, as established by rule by the Department under Section 60.(b) The Department may grant a temporary initial license to an applicant. A temporary initial license expires on the earlier of the date the Department denies the license or the date 6 months after the temporary initial license was issued.(c) The Department shall issue a license under this Act if, after application, inspection, and investigation, it finds the applicant meets the requirements of this Act and the rules and standards adopted pursuant to this Act.(d) A license is renewable every year upon submission of: (i) the renewal application and fee and (ii) a report on a form prescribed by the Department that includes information related to quality of care at a birth center. The report must be in the form and documented by evidence as required by the Department by rule under Section 60.

(Source: P.A. 102-518, eff. 8-20-21.) (210 ILCS 170/17)Sec. 17. Certificate of need; licenses.(a) A birth center shall obtain a certificate of need from the Health Facilities and Services Review Board under the Health Facilities Planning Act before receiving a license by the Department under this Act.(b) If, after obtaining an initial certificate of need under subsection (a), a birth center seeks to increase the bed capacity of the birth center, the birth center must obtain a certificate of need from the Health Facilities and Services Review Board before increasing the bed capacity.(c) A birth center in a medically underserved area, as determined by the U.S. Department of Health and Human Services, shall receive priority in obtaining a certificate of need under this Section.

(Source: P.A. 102-518, eff. 8-20-21.) (210 ILCS 170/20)Sec. 20. Linkages.(a) A birth center shall link and integrate its services with at least one birthing hospital with a minimum of a Level 1 perinatal designation.(b) A birth center shall have an established agreement with a nearby receiving birthing hospital with policies and procedures for timely transfer of maternal and neonatal patients. The agreement shall include a determination of maternal and neonatal conditions necessitating consultation and referral. This should include plans
for communication with the receiving hospital before and after
transfer.

(Source: P.A. 102-518, eff. 8-20-21.) (210 ILCS 170/25)Sec. 25. Staffing.(a) A birth center shall have a clinical director, who may be:(1) a physician who is either certified or eligible     for certification by the American College of Obstetricians  and Gynecologists or the American Board of Osteopathic Obstetricians and Gynecologists or has hospital obstetrical privileges; or(2)
a certified nurse midwife.(b) The clinical director shall be responsible for:(1) the development of policies and procedures for     services as provided by Department rules;(2) coordinating the clinical staff and overall     provision of patient care;(3) developing and approving policies defining the     criteria to determine which pregnancies are            accepted as normal, uncomplicated, and low-risk; and(4) developing and approving policing regarding the     anesthesia services available at the center.(c) An obstetrician, family practitioner, certified nurse midwife, or licensed certified professional midwife shall attend each person in labor from the time of admission through birth and throughout the immediate postpartum period. Attendance may be delegated only to another physician, a certified nurse midwife, or a licensed certified professional midwife.(d) A second staff person shall be present at each birth who:(1) is licensed or certified in Illinois in a     health-related field and under the supervision of a physician, a certified nurse midwife, or a licensed certified professional midwife who is in attendance;(2) has specialized training in labor and delivery     techniques and care of newborns; and(3) receives planned and ongoing training as needed     to perform assigned duties effectively. (Source: P.A. 102-518, eff. 8-20-21; 102-964, eff. 1-1-23.) (210 ILCS 170/30)Sec. 30. Minimum standards.(a) The Department's rules adopted pursuant to Section 60 of this Act shall contain minimum standards to protect the health and safety of a patient of a birth center. In adopting rules for birth centers, the Department shall consider:(1) the Commission for the Accreditation of Birth     Centers' Standards for Freestanding Birth Centers;(2) the American Academy of Pediatrics and American     College of Obstetricians and Gynecologists Guidelines for Perinatal Care; and(3) the Regionalized Perinatal Health Care Code.(b) Nothing in this Section shall be construed to prohibit a facility licensed as a birth center from offering other reproductive health care subject to any applicable laws, rules, regulations, or licensing requirements for those services. In this subsection, "reproductive health care" has the same meaning as used in Section 1-10 of the Reproductive Health Act. (Source: P.A. 102-518, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1117, eff. 1-13-23.) (210 ILCS 170/35)Sec. 35. Quality of care. The Department's rules shall provide for a time period within which each birth center must become accredited by either the Commission for the Accreditation of Freestanding Birth Centers or The Joint Commission.A birth center shall implement a quality improvement program consistent with the requirements of the accrediting body and is encouraged to participate in quality improvement projects implemented by the Department's Administrative Perinatal Centers and other Department-supported perinatal quality improvement projects. Clinicians, or their clinical representative, attending persons in labor at the birth center shall attend morbidity and mortality reviews that occur at the receiving birthing hospital on their patients, when invited, at a mutually agreeable time. This includes, but is not limited to, maternal and neonatal patients transferred to the receiving birthing hospital.
(Source: P.A. 102-518, eff. 8-20-21.) (210 ILCS 170/40)Sec. 40. Reimbursement requirements.(a) A birth center shall seek certification under Titles XVIII and XIX of the federal Social Security Act.(b) Reimbursement rates set by the Department of Healthcare and Family Services should be based on all types of medically necessary covered services provided to both the birthing person and the baby, including:(1) a professional fee for both the birthing person     and baby;(2) a facility fee for the birthing person that is no     less than 75% of the statewide average facility payment rate made to a hospital for an uncomplicated vaginal birth;(3) a facility fee for the baby that is no less than     75% of the statewide average facility payment rate made to a hospital for a normal baby; and(4) additional fees for other services, medications,     laboratory tests, and supplies provided.(c) A birth center shall provide charitable care consistent with that provided by comparable health care providers in the geographic area.(d) A birth center may not discriminate against any patient requiring treatment because of the source of payment for services, including Medicare and Medicaid recipients.
(Source: P.A. 102-518, eff. 8-20-21.) (210 ILCS 170/45)Sec. 45. Reporting requirements. The Department shall by rule require each birth center to report information every year that is consistent with the birth center's license renewal schedule, which the Department shall make publicly available and which shall include the following:(1) utilization data involving patient length of stay;(2) admissions and discharges;(3) complications;(4) transfers;(5) deaths;(6) any other publicly reported data required under     the Consumer Guide to Health Care; and(7) post-discharge patient status data where patients     are followed for 14 days after discharge from the birth center to determine whether the mother or baby developed a complication or infection.(Source: P.A. 102-518, eff. 8-20-21.) (210 ILCS 170/50)Sec. 50. Training. A birth center shall, in consultation with the clinical director, establish and implement a policy to ensure appropriate training and competency of individuals employed within the birth center. The policy shall, at a minimum, define the acts and practices that are allowed or prohibited for such employees, establish how training will be conducted, and illustrate how initial competency will be established.
(Source: P.A. 102-518, eff. 8-20-21.) (210 ILCS 170/55)Sec. 55. Inspections; special inspections; reports.(a) The Department, whenever it determines necessary, may conduct a
special inspection, survey, or evaluation of a birth center to assess
compliance with licensure requirements and standards or a plan of
correction submitted as a result of deficiencies cited by the
Department or an accrediting body.(b) Upon the Department's completion of any special inspection, survey, or evaluation, the appropriate Department personnel who conducted the special inspection, survey, or evaluation shall submit a copy of his or her report to the licensee upon exiting the birth center, and shall submit the actual report to the appropriate regional office.(c) The Department's report and any recommendation for action under this Act shall be sent to the Department's central office together with a plan of correction from the birth center.(d) The plan of correction may contain related comments or documentation provided by the birth center that may refute findings in the report, explain extenuating circumstances that the birth center could not reasonably have prevented, or indicate methods and timetables for correction of deficiencies described in the report.(e) A birth center has 10 days after the date of the Department's special inspection, survey, or evaluation to submit a plan of correction. The Department shall determine whether a birth center is in violation of this Section no later than 60 days after completion of each special inspection, survey, evaluation, or plan of correction.(f) The Department shall maintain all special inspection, survey, or evaluation reports for at least 5 years in a manner accessible to the public.

(Source: P.A. 102-518, eff. 8-20-21.) (210 ILCS 170/60)Sec. 60. Rules.(a) The Department shall adopt rules for the administration and enforcement of this Act.(b) Rules adopted by the Department under this Act shall stipulate:(1) the eligibility criteria for birth center     admission that are consistent with accreditation standards and the certified nurse midwife's or physician's scope of practice;(2) the necessary equipment for emergency care     according to the Commission for Accreditation of Birth Centers' standards;(3) the minimum elements required in the transfer     agreement between a birth center and a receiving birth hospital with at least a Level 1 perinatal designation, including the amount of travel time between facilities in rural and nonrural areas, the staff required to transfer patients, and the mode of emergency transportation between facilities; and(4) the equipment used by the birth center to ensure     that it is compatible with the health and safety of the patients.(Source: P.A. 102-518, eff. 8-20-21.) (210 ILCS 170/99)Sec. 99. Effective date. This Act takes effect upon becoming law. 
(Source: P.A. 102-518, eff. 8-20-21.)
(210 ILCS 25/Art. I heading) ARTICLE I.  
		SHORT TITLE, LEGISLATIVE INTENT AND APPLICATION OF ACT (210 ILCS 25/1-101) (from Ch. 111 1/2, par. 621-101)Sec. 1-101. 
		Short title. 
		This Act may be cited as the Illinois Clinical Laboratory and Blood Bank Act.
		(Source: P.A. 87-1269.) (210 ILCS 25/1-102) (from Ch. 111 1/2, par. 621-102)Sec. 1-102. 
		Purposes. 
		The operation of clinical laboratories and blood banks
in the State of Illinois is declared to affect the public health, safety and
welfare. It is further declared that the purpose of this Act is to supplement
federal regulation of clinical laboratories to provide for the better
protection of public health. This Act shall be liberally construed to carry out
these objects and purposes.
		(Source: P.A. 87-1269.) (210 ILCS 25/1-103) (from Ch. 111 1/2, par. 621-103)Sec. 1-103. 
		Application of Act. 
		This Act applies to clinical laboratories
and blood banks, except clinical laboratories operated by the United States
Government. In addition, this Act shall not be construed to apply to tests
classified as waivered tests under federal regulations adopted for the Clinical
Laboratory Improvement Act of 1988.
		(Source: P.A. 86-853; 86-1292; 87-467; 87-600; 87-895; 87-1269.)
(210 ILCS 25/Art. II heading) ARTICLE II.  
		DEFINITIONS (210 ILCS 25/2-101) (from Ch. 111 1/2, par. 622-101)Sec. 2-101. 
		
		For the purposes of this Act, the words and phrases defined in
Sections after this Section and preceding Section 3-101 have the meanings
ascribed to them unless the context otherwise requires.
		(Source: P.A. 87-1269.) (210 ILCS 25/2-102) (from Ch. 111 1/2, par. 622-102)Sec. 2-102. 
		
		"Person" means any individual, firm, partnership, association,
corporation, whether organized for profit or not, or any other form of
business enterprise.
		(Source: Laws 1965, p. 3256.) (210 ILCS 25/2-103) (from Ch. 111 1/2, par. 622-103)Sec. 2-103. 
		
		"Clinical laboratory" or "laboratory" means a facility which
performs laboratory tests or issues reports resulting from such tests and is
certified under the Clinical Laboratory Improvement Act of 1988.
		(Source: P.A. 87-1269.) (210 ILCS 25/2-104) (from Ch. 111 1/2, par. 622-104)Sec. 2-104. 
		
		The "director of clinical laboratory" means an individual who
administers the technical and scientific operation of a clinical
laboratory, including the reporting of the findings of clinical laboratory
tests.
		(Source: P.A. 76-1000.) (210 ILCS 25/2-105) (from Ch. 111 1/2, par. 622-105)Sec. 2-105. 
		
		"Department" means the Department of Public Health of the State
of Illinois.
		(Source: Laws 1965, p. 3256.) (210 ILCS 25/2-116) (from Ch. 111 1/2, par. 622-116)Sec. 2-116. 
		
		"Physician" means, unless otherwise indicated in this Act,
(a)  a person licensed by the Department of Professional Regulation,
pursuant to the requirements of the Medical Practice Act of 1987; or
(b)  a person licensed as a physician
under the laws of another state or territory of the United States.
		(Source: P.A. 85-1025.) (210 ILCS 25/2-117) (from Ch. 111 1/2, par. 622-117)Sec. 2-117. 
		
		"Test" means laboratory examinations and issuance of
reports resulting from the biological, microbiological, serological,
chemical, immunohematological, radioimmunological, hematological,
biophysical, cytological, pathological, toxicological or other examination
of materials derived from the human body for the purposes of providing
information for the diagnosis, prevention or treatment of any disease or
impairment of, or the assessment of, the health of humans including
determining drug use by humans.
		(Source: P.A. 85-1025.) (210 ILCS 25/2-120) (from Ch. 111 1/2, par. 622-120)Sec. 2-120. 
		
		"Health screening" means those tests or categories of
tests set forth in the regulations adopted under this Act that
are performed for the purpose of assessing a phase of the general state of
health of human subjects.(a) All health screenings must be conducted under a protocol approved by
a physician licensed to practice medicine in all its branches that
includes, but is not limited to, provisions concerning disclosure of the
purpose and limitations of the screening tests to test subjects, proper
collection of samples and administration of tests including staffing, staff
training and equipment monitoring, adequate procedures for protecting the
confidentiality of test subjects and test results, and appropriate
referrals for medical attention.(b) Health screening protocols under this Section shall be exempt from
the provisions of Sections 7-101 and 7-102 of this Act.
		(Source: P.A. 87-600; 87-1269.) (210 ILCS 25/2-124) (from Ch. 111 1/2, par. 622-124)Sec. 2-124. 
		
		"Blood bank" means any institution, building, or place that
provides, through its ownership or operation, a system for the collection,
processing, storage, distribution, or administration of whole human blood
or its component parts.
		(Source: P.A. 87-1269.) (210 ILCS 25/2-125) (from Ch. 111 1/2, par. 622-125)Sec. 2-125. 
		
		"Medical Director of a blood bank" means an individual who
administers the technical and scientific operation of a blood bank,
including the reporting of the findings of blood bank tests.
		(Source: P.A. 87-1269.) (210 ILCS 25/2-126) (from Ch. 111 1/2, par. 622-126)Sec. 2-126. 
		
		"Dentist" means a person licensed in Illinois to practice
dentistry.
		(Source: P.A. 87-1269.) (210 ILCS 25/2-127) (from Ch. 111 1/2, par. 622-127)Sec. 2-127. 
"Podiatric physician" means a person licensed in Illinois to practice
podiatry.
(Source: P.A. 98-214, eff. 8-9-13.) (210 ILCS 25/2-127.5)Sec. 2-127.5. Optometrist. "Optometrist" means a
person who is licensed in Illinois to practice optometry.
(Source: P.A. 98-185, eff. 1-1-14.) (210 ILCS 25/2-128) (from Ch. 111 1/2, par.  622-128)Sec. 2-128. 
		
		"Blood" means whole human blood or components of human
blood, including plasma, that are prepared from whole human blood by
physical rather than chemical processes, but does not include blood
derivatives manufactured or processed for industrial use.
		(Source: P.A. 87-1269.) (210 ILCS 25/2-129) (from Ch. 111 1/2, par. 622-129)Sec. 2-129. 
		
		"Volunteer donor" means a person from whom blood is
withdrawn for which he receives no monetary consideration in any form,
whether he presents himself for the withdrawal of blood on his own
initiative or on the initiative of another person.
		(Source: P.A. 87-1269.) (210 ILCS 25/2-130) (from Ch. 111 1/2, par. 622-130)Sec. 2-130. 
		
		"Paid donor" means a person from whom blood is withdrawn
for which he receives a monetary consideration in any form, whether he
presents himself for the withdrawal of blood on his own initiative or on
the initiative of another person.
		(Source: P.A. 87-1269.) (210 ILCS 25/2-131) (from Ch. 111 1/2, par. 622-131)Sec. 2-131. 
		
		"Industrial use" means a use of blood in which the blood is
modified by physical or chemical means to produce derivatives for
therapeutic or pharmaceutic biologicals and laboratory reagents or controls.
		(Source: P.A. 87-1269.) (210 ILCS 25/2-132) (from Ch. 111 1/2, par. 622-132)Sec. 2-132. 
		
		"Transfusion" means a use of blood in which the blood is
administered to a human being for treatment of sickness or injury.
		(Source: P.A. 87-1269.) (210 ILCS 25/2-133) (from Ch. 111 1/2, par. 622-133)Sec. 2-133. 
		
		"Nonreplacement fee" means a fee charged by any blood bank
or other entity for nonreplacement of blood units received by patients.
		(Source: P.A. 87-1269.) (210 ILCS 25/2-134)Sec. 2-134. Health care operations. "Health care operations" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.501.
(Source: P.A. 98-1046, eff. 1-1-15.) (210 ILCS 25/2-135)Sec. 2-135. HIPAA. "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended by the Health Information and Technology for Economic and Clinical Health Act of 2009, Public Law 111-05, and any subsequent amendments thereto and any regulations promulgated thereunder.
(Source: P.A. 98-1046, eff. 1-1-15.) (210 ILCS 25/2-136)Sec. 2-136. Payment. "Payment" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.501.
(Source: P.A. 98-1046, eff. 1-1-15.) (210 ILCS 25/2-137)Sec. 2-137. Treatment. "Treatment" has the meaning ascribed to it under HIPAA, as specified in 45 CFR 164.501.
(Source: P.A. 98-1046, eff. 1-1-15.)
(210 ILCS 25/Art. IV heading) ARTICLE IV.  
		POWERS AND DUTIES OF THE DEPARTMENT (210 ILCS 25/4-101) (from Ch. 111 1/2, par. 624-101)Sec. 4-101. 
		Rules. 
		The Department shall prescribe and enforce reasonable
rules and regulations as are necessary to carry out the purposes of this Act.
		(Source: P.A. 87-1269.) (210 ILCS 25/4-102) (from Ch. 111 1/2, par. 624-102)Sec. 4-102. 
		Inspections. 
		The Department is authorized to inspect the premises
and operations of all clinical laboratories and blood banks subject to this Act
for enforcement purposes.
		(Source: P.A. 87-1269.) (210 ILCS 25/4-104) (from Ch. 111 1/2, par. 624-104)Sec. 4-104. 
		Reports. 
		The Department may require the owners and directors of
laboratories and blood banks to submit reports under oath that contain
information and data concerning the technical operation of the laboratory or
blood bank.
		(Source: P.A. 87-1269.)
(210 ILCS 25/Art. IX heading) ARTICLE IX.  
		OFFENSES AND PENALTIES (210 ILCS 25/9-101) (from Ch. 111 1/2, par. 629-101)Sec. 9-101. 
		Prohibited acts. 
		It is unlawful for any person to do any
of the following:(a) Accept specimens for tests from and make reports to persons
other than those authorized to submit specimens and receive
reports under Section 7-101 of this Act.  However, this does not prohibit
the referral of specimens from one clinical laboratory to another clinical
laboratory provided the report indicates clearly the name and address of the
clinical laboratory performing the test and the name of the director of such
laboratory.(b) Violate any provision of this Act or any rule or regulation
adopted by the Department under this Act.
		(Source: P.A. 87-600; 87-1269.) (210 ILCS 25/9-102) (from Ch. 111 1/2, par. 629-102)Sec. 9-102. 
		
		The performance of any of the acts specified in Section 9-101
shall constitute a business offense subject to a fine of not less
than $200 nor more than $1,000 and each day's violation shall constitute
separate offenses.
		(Source: P.A. 81-1509.) (210 ILCS 25/9-103) (from Ch. 111 1/2, par. 629-103)Sec. 9-103. 
		Penalties and fines. 
		The Department is empowered to
assess penalties or fines against a clinical laboratory or blood bank for
violations of this Act and the regulations adopted under this Act,  under
regulations for penalties established by the Department.  In no circumstance
will the penalties or fines exceed $1,000 per day for each day the clinical
laboratory or blood bank remains in violation.
		(Source: P.A. 87-600; 87-1269.)
(210 ILCS 25/Art. V heading) ARTICLE V.  
		ADVISORY BOARD (210 ILCS 25/5-101) (from Ch. 111 1/2, par. 625-101)Sec. 5-101. 
		Advisory board. 
		The Governor shall appoint a Clinical
Laboratory and Blood Bank Advisory Board to consult with the Department. The
Board shall be composed of 2 pathologists, at least one of whom shall be
certified by the American Board of Pathology in Clinical Pathology, one
physician who is not a pathologist, two laboratory directors who are not
physicians, one individual, not a physician, having an earned doctorate degree,
who holds a professorial rank in a department of medical basic science in a
university medical school in Illinois, one physician actively engaged in blood
bank management at a free-standing blood bank, one individual actively engaged
in blood bank management at a free-standing blood bank, and one individual
qualified as a general supervisor and employed at a clinical laboratory or
blood bank.  The pathologists and physicians appointed to this Board shall be
persons licensed to practice medicine in all its branches in the State of
Illinois.The Director of Public Health shall be a member of the Board, ex officio.Each member shall hold office for a term of 3 years except that the 6
members first appointed under this Act shall be appointed for the following
terms: 2 for 1 year, 2 for 2 years and 2 for 3 years as designated by the
Governor at the time of appointment, unless sooner removed by the Governor.
No member shall be eligible for reappointment for more than 3 full terms
and any appointment to fill a vacancy shall be for the unexpired portion of
the term. The Governor may remove any member for cause at any time prior to
expiration of his term.
		(Source: P.A. 87-1269.) (210 ILCS 25/5-102) (from Ch. 111 1/2, par. 625-102)Sec. 5-102. 
		
		Members of the Advisory Board shall serve without pay, but they
shall receive reimbursement for actual and necessary expenses incurred in
the performance of their duties.
		(Source: Laws 1965, p. 3256.) (210 ILCS 25/5-103) (from Ch. 111 1/2, par. 625-103)Sec. 5-103. 
		
		The Advisory Board shall consult with the Department in
matters of policy affecting the administration of this Act and in the
development, revision and enforcement of the rules and regulations
adopted under this Act. The Advisory Board shall meet as frequently as
the Director of Public Health deems necessary; however, upon request of
2 members of the Advisory Board, it shall be the duty of the Director
of Public Health to call a meeting of the Board.
		(Source: P.A. 87-600.)
(210 ILCS 25/Art. VI heading) ARTICLE VI.  
		QUALIFICATIONS OF THE DIRECTOR OF A CLINICAL LABORATORY
(210 ILCS 25/Art. VII heading) ARTICLE VII.  
		ACCEPTANCE, COLLECTION, IDENTIFICATION AND EXAMINATION OF
SPECIMENS, AND REPORTS OF FINDINGS (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)Sec. 7-101. Examination of specimens. A clinical laboratory shall examine
specimens only at the request of (i) a licensed physician, (ii) a
licensed dentist, (iii) a licensed podiatric physician, (iv) a licensed
optometrist,
 (v) a licensed
physician assistant,
(v-A) a licensed advanced practice registered nurse,

(vi) an authorized law enforcement agency or, in the case of blood
alcohol, at the request of the individual for whom the test is to be performed
in compliance with Sections 11-501 and 11-501.1 of the Illinois Vehicle Code, (vii) a genetic counselor with the specific authority from a referral to order a test or tests pursuant to subsection (b) of Section 20 of the Genetic Counselor Licensing Act, or (viii) a pharmacist in accordance with Section 43.5 of the Pharmacy Practice Act.
If the request to a laboratory is oral, the physician or other authorized
person shall submit a written request to the laboratory within 48 hours.  If
the laboratory does not receive the written request within that period, it
shall note that fact in its records.  For purposes of this Section, a request
made by electronic mail or fax constitutes a written request.
(Source: P.A. 102-1051, eff. 1-1-23.) (210 ILCS 25/7-102) (from Ch. 111 1/2, par. 627-102)Sec. 7-102. Reports of test results.(a) Clinical laboratory test results may be reported or transmitted to:(1) the licensed physician or other authorized person     who requested the test, their designee, or both;(2) any health care provider who is providing     treatment to the patient;(3) an electronic health information exchange for the     purposes of transmitting, using, or disclosing clinical laboratory test results in any manner required or permitted by HIPAA; and(4)    a pharmacist in accordance with Section 43.5     of the Pharmacy Practice Act.(b) No interpretation, diagnosis, or prognosis or suggested treatment shall appear
on the laboratory report form, except that a report made by a physician licensed
to practice medicine in Illinois, a dentist licensed in Illinois, or an optometrist licensed in Illinois may
include such information.(c) Nothing in this Act prohibits the sharing of information as authorized in Section 2.1 of the Department of Public Health Act.

(Source: P.A. 102-1051, eff. 1-1-23.) (210 ILCS 25/7-104) (from Ch. 111 1/2, par. 627-104)Sec. 7-104. 
		
		No person other than a licensed physician or one authorized by
law shall manipulate a person for the collection of specimens except that
technical personnel of a clinical laboratory may collect blood, or remove
stomach contents, or collect material for smears and cultures, under the
direction or upon the written request of a licensed physician or dentist.
		(Source: P.A. 87-600.) (210 ILCS 25/7-108) (from Ch. 111 1/2, par. 627-108)Sec. 7-108. Duties of blood banks. A blood bank shall:(a) Collect, process, and provide for use blood or blood components from
a blood donor only upon the consent of that donor and under the direction
or delegated direction of the blood bank Medical Director.(b) Transfuse blood or blood components upon the request of a physician
licensed to practice medicine in all its branches, a dentist, or a podiatric physician 
who is on the medical staff of a hospital and has permission from the medical
staff to make such a request.  If the request is oral, the physician or other
authorized person shall submit a written request to the blood bank within 48
hours.  If the blood bank does not receive the written request within that
period, it shall note that fact in its records.
(Source: P.A. 98-214, eff. 8-9-13.) (210 ILCS 25/7-109) (from Ch. 111 1/2, par. 627-109)Sec. 7-109. Designated donors.(a)  Each blood bank may allow a recipient of blood to designate a donor
of his choice, for the purpose of receiving red cells, under the following
conditions:(1) the recipient, or someone on his behalf, has     solicited the donors;(2) the designated donor consents to the donation;(3) the designated donor's blood may be obtained in     sufficient time to meet the health care needs of the recipient;(4) the designated donor is qualified to donate blood     under the criteria for donor selection promulgated by the federal Food and Drug Administration; and(5) the blood of the donor is acceptable for the     patient's medical needs.(b) Blood donated for designated use shall be reserved for the designated
recipient; however, if it has not been used within 7 days from the day of
donation, it may be used for any other medically appropriate purpose.(c) This Section shall not limit other procedures blood banks may establish
to enable directed donations.
(Source: P.A. 100-201, eff. 8-18-17.) (210 ILCS 25/7-110) (from Ch. 111 1/2, par. 627-110)Sec. 7-110. 
		Blood labeling. 
		Every person who withdraws blood from an
individual or separates blood into components by physical processes shall
affix to each container of blood or blood components a label that includes
the appropriate donor classification, "volunteer donor" or "paid donor", in no
less prominence than the word "blood" or the name of the blood component.Any person who receives blood or blood components in this State from a
federally licensed blood bank in another state shall not be required to
relabel a container of blood or blood components if the container of blood
or blood components is labeled with the appropriate donor classification,
"volunteer donor" or "paid donor", in no less prominence than the word "blood"
or the name of the blood component.
		(Source: P.A. 87-1269.) (210 ILCS 25/7-111) (from Ch. 111 1/2, par. 627-111)Sec. 7-111. 
		Administration of labeled blood. 
		No person may administer
blood by transfusion in this State or transfer or offer to transfer blood
for transfusion purposes by any type of transaction unless the container of
the blood is labeled as required by Section 7-110.When blood is administered by transfusion in this State, the identification
number of the unit of blood shall be recorded in the patient's medical record
and the label on the container of the blood shall not be removed before or
during the administration of that blood by transfusion.
		(Source: P.A. 87-1269.) (210 ILCS 25/7-112) (from Ch. 111 1/2, par. 627-112)Sec. 7-112. Blood from paid donor; transfusions. No blood initially
acquired from a paid donor may be administered by transfusion in Illinois
unless the physician licensed to practice medicine in all its branches, the
dentist, or the podiatric physician who is on the medical staff of a hospital and has
permission from the medical staff to request a transfusion, who is in charge of
the treatment of the patient to whom the blood is to be administered, has
directed that blood acquired from a paid donor be administered to that patient
and has specified in the patient's medical record his reason for this action.Blood acquired from a paid donor shall be transferred for transfusion
purposes in this State only as expressly permitted by rules promulgated by the
Illinois Department of Public Health.
(Source: P.A. 98-214, eff. 8-9-13.) (210 ILCS 25/7-113) (from Ch. 111 1/2, par. 627-113)Sec. 7-113. 
		Nonreplacement fees. 
		The assessment of nonreplacement
fees with respect to blood is prohibited.
		(Source: P.A. 87-1269.) (210 ILCS 25/7-114) (from Ch. 111 1/2, par. 627-114)Sec. 7-114. 
		Industrial uses; volunteer or paid donor. 
		Blood and blood
components, including salvage plasma, may be used and transferred for
industrial uses without regard to whether its original acquisition was from
a volunteer donor or a paid donor.
		(Source: P.A. 87-1269.) (210 ILCS 25/7-115) (from Ch. 111 1/2, par. 627-115)Sec. 7-115. 
		HIV testing; rules.(a) The Department shall by rule provide for the testing of blood for
evidence of exposure to the human immunodeficiency virus (HIV) and any
other identified causative agent of acquired immunodeficiency syndrome
(AIDS).  These rules shall require the disposal of any blood showing
evidence of exposure to HIV or any other identified causative agent of
AIDS, unless a research facility requests, in writing, the use of this
blood for AIDS research.  The rules shall also provide for the personal and
confidential notification of the donor if the tests required by the
Department yield a positive result.  No person shall incur any civil or
criminal liability for making this notification, if it is made in good
faith and in accordance with the rules of the Department.(b) No blood may be withdrawn from any individual in this State for
transfusion or industrial use without (i) giving the individual notice that
the blood withdrawn will be subjected to testing for evidence of exposure
to the causative agent of AIDS and (ii) giving the individual an
opportunity to refuse to consent to the withdrawal of blood.(c) In a medical emergency constituting an imminent threat to the life
of a potential transfusion recipient, if blood that has been subjected to
the testing required under subsection (a) is not available, the testing and
notification requirements of subsections (a) and (b) shall not apply.
		(Source: P.A. 87-1269.) (210 ILCS 25/8-108) (from Ch. 111 1/2, par. 628-108)Sec. 8-108. 
		
		The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all  administrative rules and
procedures of the Department of Public Health under this Act, except that in
case of conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rule-making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.
		(Source: P.A. 88-45.)
(210 ILCS 25/Art. X heading) ARTICLE X.  
		INJUNCTIONS (210 ILCS 25/10-101) (from Ch. 111 1/2, par. 630-101)Sec. 10-101. 
		Nuisance; injunction. 
		The operation or maintenance of a clinical
laboratory or blood bank in violation of this Act is declared a nuisance
inimical to the public health, welfare and safety. The Director of the
Department, in the name of the people of the State, through the Attorney
General, may, in addition to other remedies herein provided, bring an action
for an injunction to restrain such violation or to enjoin the future operation
or maintenance of any such clinical laboratory or blood bank, until compliance
with the provisions of this Act has been obtained.
		(Source: P.A. 87-1269.)
(210 ILCS 25/Art. XA heading) ARTICLE XA.  
		SEVERABILITY OF THE ACT (210 ILCS 25/10A-101) (from Ch. 111 1/2, par. 630A-101)Sec. 10A-101. 
		
		If any article, section, subsection, sentence, clause, phrase, or
requirement of this Act is for any reason held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of this
Act. The legislature hereby declares that it would have passed this Act,
and each article, section, subsection, sentence, clause, phrase, and
requirement thereof irrespective of the fact that any one or more articles,
sections, subsections, sentences, clauses, phrases or requirements be
declared unconstitutional.
		(Source: P.A. 76-1000.)
(210 ILCS 25/Art. XI heading) ARTICLE XI.  
		MISCELLANEOUS PROVISIONS (210 ILCS 25/11-103) (from Ch. 111 1/2, par. 631-103)Sec. 11-103. 
		
		The "Illinois Clinical Laboratory Registration Act", approved
August 21, 1963, is repealed.
		(Source: Laws 1965, p. 3256.)
(210 ILCS 26/1)Sec. 1. Short title. This Act may be cited as the Accountable Care Organization Clinical Laboratory Testing Advisory Board Act.
(Source: P.A. 98-708, eff. 1-1-15.) (210 ILCS 26/5)Sec. 5. Definitions. In this Act:"Advisory board" means a clinical laboratory testing advisory board established under this Act."Clinical laboratory testing" means any test or analysis performed in a clinical laboratory as defined in Section  2-103 of the Illinois Clinical Laboratory and Blood Bank Act or that is otherwise subject to Section 353 of the Public Health Service Act (42 U.S.C. 263a). 
(Source: P.A. 98-708, eff. 1-1-15.) (210 ILCS 26/10)Sec. 10. Advisory board required. Every accountable care organization providing diagnosis and treatment for patients in this State must establish an advisory board to consider and recommend guidelines or protocols for clinical laboratory testing. 
(Source: P.A. 98-708, eff. 1-1-15.) (210 ILCS 26/15)Sec. 15. Advisory board membership. Every advisory board established under this Act must include in its membership at least one physician who:(1) is legally affiliated with the accountable care     organization; and(2) is a medical director, as defined in Section     2-104 of the Illinois Clinical Laboratory and Blood Bank Act, of a clinical laboratory that is providing services for the accountable care organization or a pathologist designated by such a medical director.  (Source: P.A. 98-708, eff. 1-1-15.) (210 ILCS 26/20)Sec. 20. Advisory board functions.(a) An advisory board may make recommendations to the accountable care organization's governing board for the adoption of guidelines or protocols for (i) clinical laboratory testing used for diagnostic purposes or disease management and (ii) pathologist consultation on episodes of care.(b) An advisory board may recommend guidelines or protocols for clinical laboratory testing to ensure appropriate use of such testing.
(Source: P.A. 98-708, eff. 1-1-15.) (210 ILCS 26/25)Sec. 25. Adoption of advisory board recommendations. Notwithstanding the requirement of this Act to establish a clinical laboratory   testing advisory board, nothing contained in this Act shall be construed to require an accountable care organization's governing board to adopt a clinical laboratory testing guideline or protocol recommended by the accountable care organization's  advisory board. 
(Source: P.A. 98-708, eff. 1-1-15.) (210 ILCS 26/30)Sec. 30. Application of Act. Nothing in this Act applies to an accountable care organization owned or operated by or affiliated with any of the following:(1) The Cook County Health and Hospitals System.(2) The University of Illinois.(3) A hospital licensed under the Hospital Licensing     Act.(4) A hospital affiliate as defined in the Hospital     Licensing Act.(Source: P.A. 98-708, eff. 1-1-15.) (210 ILCS 26/99)Sec. 99. Effective date. This Act takes effect January 1, 2015. 
(Source: P.A. 98-708, eff. 1-1-15.)
(210 ILCS 28/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Abuse Prevention
Review
Team Act.
		(Source: P.A. 93-577, eff. 8-21-03.) (210 ILCS 28/5)Sec. 5. State policy. The following statements are the policy of this
State:(1) Every nursing home resident is entitled to live     in safety and decency and to receive competent and respectful care that meets the requirements of State and federal law.(2) Responding to sexual assaults of nursing home     residents and to unnecessary nursing home resident deaths is a State and a community responsibility.(3) When a nursing home resident is sexually     assaulted or dies unnecessarily, the response by the State and the community to the assault or death must include an accurate and complete determination of the cause of the assault or death and the development and implementation of measures to prevent future assaults or deaths from similar causes. The response may include court action, including prosecution of persons who may be responsible for the assault or death and proceedings to protect other residents of the facility where the resident lived, and disciplinary action against persons who failed to meet their professional responsibilities to the resident.(4) Professionals from disparate disciplines and     agencies who have responsibilities for nursing home residents and expertise that can promote resident safety and well-being should share their expertise and knowledge so that the goals of determining the causes of sexual assaults and unnecessary resident deaths, planning and providing services to surviving residents, and preventing future assaults and unnecessary deaths can be achieved.(5) A greater understanding of the incidence and     causes of sexual assaults against nursing home residents and unnecessary nursing home resident deaths is necessary if the State is to prevent future assaults and unnecessary deaths.(6) Multi-disciplinary and multi-agency reviews of     sexual assaults against nursing home residents and unnecessary nursing home resident deaths can assist the State and counties in (i) investigating resident sexual assaults and deaths, (ii) developing a greater understanding of the incidence and causes of resident sexual assault and deaths and the methods for preventing those assaults and deaths, and (iii) identifying gaps in services to nursing home residents.(7) Access to information regarding assaulted and     deceased nursing home residents by multi-disciplinary and multi-agency nursing home resident sexual assault and death review teams is necessary for those teams to fulfill their purposes and duties.					(Source: P.A. 93-577, eff. 8-21-03; 94-931, eff. 6-26-06.) (210 ILCS 28/10)Sec. 10. Definitions. As used in this Act, unless the context requires
otherwise:"Department" means the Department of Public Health."Director" means the Director of Public Health."Executive Council" means the Illinois Residential Health Care Facility
Resident Sexual
Assault and Death Review Teams Executive Council."Resident" means a person residing in and receiving personal care from a
facility licensed under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act."Review team" means a residential health care facility resident sexual
assault and death review
team appointed under this Act.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.) (210 ILCS 28/15)Sec. 15. Residential health care facility resident sexual assault and
death review teams;
establishment.(a) The Director, in consultation with the Executive Council and with law
enforcement agencies
and other professionals who work in the field of investigating, treating, or
preventing nursing home resident abuse or neglect in the State, shall
appoint members to two residential health care facility resident sexual assault
and death review
teams. The Director shall appoint more teams if the Director or the existing teams determine that more teams are necessary to achieve the purposes of this Act.  An Executive Council shall be organized no later than when at least 4 teams are formed. The members of a
team shall be appointed for 2-year staggered terms and shall be eligible for
reappointment
upon the expiration of their terms.(b) Each review team shall
consist of at least one member from each of the following categories:(1) Geriatrician or other physician knowledgeable     about nursing home resident abuse and neglect.(2)  Representative of the Department.(3) State's Attorney or State's Attorney's     representative.(4) Representative of a local law enforcement agency.(5) Representative of the Illinois Attorney General.(6) Psychologist or psychiatrist.(7) Representative of a local health department.(8) Representative of a social service or health care     agency that provides services to persons with mental illness, in a program whose accreditation to provide such services is recognized by the Office of Mental Health within the Department of Human Services.(9) Representative of a social service or health care     agency that provides services to persons with developmental disabilities, in a program whose accreditation to provide such services is recognized by the Office of Developmental Disabilities within the Department of Human Services.(10) Coroner or forensic pathologist.(11) Representative of the local sub-state ombudsman.(12) Representative of a nursing home resident     advocacy organization.(13) Representative of a local hospital, trauma     center, or provider of emergency medical services.(14) Representative of an organization that     represents nursing homes.Each review team may make recommendations to the Director concerning
additional appointments.
Each review team member must have demonstrated experience and an
interest in investigating, treating, or preventing nursing home resident abuse
or
neglect.(c) Each review team shall
select a chairperson from among its members. The chairperson shall also serve
on the Illinois Residential Health Care Facility Sexual Assault and Death
Review Teams Executive
Council.
					(Source: P.A. 93-577, eff. 8-21-03; 94-931, eff. 6-26-06.) (210 ILCS 28/20)Sec. 20. Reviews of nursing home resident sexual assaults and deaths.(a) Every case of sexual assault of a nursing home resident that the Department determined to be valid shall be reviewed by the
review team for the region that has primary case management responsibility.(b) Every death of a nursing home resident shall be reviewed by the review
team for
the region that has primary case management responsibility, if the
deceased resident is one of the following:(1) A person whose death is reviewed by the     Department during any regulatory activity, whether or not there were any federal or State violations.(2) A person about whose care the Department received     a complaint alleging that the resident's care violated federal or State standards so as to contribute to the resident's death.(3)  A resident whose death is referred to the     Department for investigation by a local coroner, medical examiner, or law enforcement agency.A review team may, at its discretion, review other sudden, unexpected, or
unexplained nursing home resident deaths. The Department shall bring such deaths to the attention of the teams when it determines that doing so will help to achieve the purposes of this Act.(c) A review team's purpose
in conducting reviews of resident sexual assaults and deaths is to do the
following:(1) Assist in determining the cause and manner of the     resident's assault or death, when requested.(2) Evaluate means, if any, by which the assault or     death might have been prevented.(3) Report its findings to the Director and make     recommendations that may help to reduce the number of sexual assaults on and unnecessary deaths of nursing home residents.(4) Promote continuing education for professionals     involved in investigating, treating, and preventing nursing home resident abuse and neglect as a means of preventing sexual assaults and unnecessary deaths of nursing home residents.(5) Make specific recommendations to the Director     concerning the prevention of sexual assaults and unnecessary deaths of nursing home residents and the establishment of protocols for investigating resident sexual assaults and deaths.(d) A review team must review the sexual assault or death cases submitted to it on a quarterly basis.  The
						
review team must meet at least once in each calendar quarter if there are cases to be reviewed.  The Department shall forward cases pursuant to subsections (a) and (b) of this Section within 120 days after completion of the investigation.(e) Within 90 days after receiving recommendations
made by a review team under item (5) of subsection (c), the Director must
review those recommendations and respond to the review team. The Director shall
implement
recommendations as feasible and appropriate and shall respond to the review
team in writing to
explain the implementation or nonimplementation of the recommendations.(f) In any instance when a review team does not operate in accordance with
established protocol, the Director, in consultation and cooperation with the
Executive Council, must take any necessary actions to bring the review team
into compliance with the protocol.
					(Source: P.A. 93-577, eff. 8-21-03; 94-931, eff. 6-26-06.) (210 ILCS 28/25)Sec. 25. Review team access to information.(a) The Department shall provide to a
review team, on the request of the review team chairperson, all
records and information in the Department's possession that are relevant to
the review team's review of a sexual assault or death described in subsection (b) of Section 20, including records and
information concerning previous reports or investigations of suspected
abuse or neglect.(b) A review team shall have access to all records and information
that are relevant to its review of a sexual assault or death and in the
possession of a State or local governmental agency. These records and
information include, without limitation, death certificates, all relevant
medical and mental health records, records of law enforcement agency
investigations, records of coroner or medical examiner investigations,
records of the Department of Corrections and Department of Juvenile Justice concerning a person's parole or aftercare release,
records of a probation and court services department, and records of a
social services agency that provided services to the resident.
(Source: P.A. 98-558, eff. 1-1-14.) (210 ILCS 28/30)Sec. 30. 
		Public access to information.(a) Meetings of the review
teams and the Executive Council shall be closed to the public. Meetings of the
review teams and the Executive Council are not subject to the Open Meetings
Act, as provided in that Act.(b) Records and information provided to a
review team and the Executive Council, and records
maintained by a review team or the Executive Council, are confidential and not
subject
to the Freedom of Information Act, as provided in that Act.
 Nothing contained in this subsection (b) prevents the sharing or disclosure of
records, other than those produced by a review team or the
Executive Council, relating or pertaining to the sexual assault or death of a
resident.(c) Members of a review team
and the Executive Council are not subject to examination, in any civil or
criminal
proceeding, concerning information presented to members of the review team or
the
Executive Council or opinions formed by members of the review team or the
Executive
Council based on that information. A person may, however, be examined
concerning information provided to a review team or the Executive Council that
is
otherwise available to the public.(d) Records and information produced by a
review team and the Executive Council are not subject to
discovery or subpoena and are not admissible as evidence in any civil or
criminal
proceeding. Those records and information are, however, subject to discovery or
a subpoena, and are admissible as evidence, to the extent they are otherwise
available to the public.
		(Source: P.A. 93-577, eff. 8-21-03.) (210 ILCS 28/35)Sec. 35. 
		Indemnification. 
		The State shall indemnify and hold harmless
members of a review team and
the Executive Council for all their acts, omissions, decisions, or other
conduct
arising out of the scope of their service on the review team or Executive
Council,
except
those involving willful or wanton misconduct. The method of providing
indemnification shall be as provided in the State Employee Indemnification Act.
		(Source: P.A. 93-577, eff. 8-21-03.) (210 ILCS 28/40)Sec. 40. Executive Council.(a) The Illinois Residential Health Care Facility Resident Sexual Assault
and Death Review
Teams Executive Council, consisting of the chairperson of each
review team established under Section 15, is the coordinating and oversight
body for residential health care facility
resident sexual assault and death review teams and activities in Illinois. The
vice-chairperson of a review team, as designated by the
chairperson, may
serve as a back-up member or an alternate member of the Executive Council, if
the chairperson of the review team is unavailable to serve on the
Executive Council. The Director may appoint to the Executive Council any
ex-officio members deemed necessary. Persons with expertise needed by the
Executive Council may be invited to meetings. The Executive Council must
select from its members a chairperson and a vice-chairperson, each to serve a
2-year, renewable term.
The Executive Council must meet at least 4 times during each calendar year if there is business to discuss.(b) The Department must provide or arrange for the staff support necessary
for the review teams and Executive Council to assist them in carrying out their duties.(c) The Executive Council has, but is not limited to, the following duties:(1) To request assistance from the Department as     needed.(2) To consult with the Director concerning the     appointment, reappointment, and removal of review team members.(3) To ensure that the teams' work is coordinated and     in compliance with the statutes and the operating protocol.(4) To ensure that the data, results, findings, and     recommendations of the review teams are adequately used to make any necessary changes in the policies, procedures, and statutes in order to protect nursing home residents in a timely manner.(5) To collaborate with the Department in order to     develop any legislation needed to prevent nursing home resident sexual assaults and unnecessary deaths and to protect nursing home residents.(6) To assist in the development of an annual report     based on the work and the findings of the review teams.(7) To ensure that the review teams' review processes     are standardized in order to convey data, findings, and recommendations in a usable format.(8) To serve as a link with other review teams     throughout the country and to participate in national review team activities.(9) To provide for training to update the knowledge     and skills of review team members and to promote the exchange of information between review teams.(10) To provide the review teams with the most     current information and practices concerning nursing home resident sexual assault and unnecessary death review and related topics.(11) To perform any other functions necessary to     enhance the capability of the review teams to reduce and prevent sexual assaults and unnecessary deaths of nursing home residents.(d)  Until an Executive Council is formed, the Department shall assist the review teams in performing the duties described in subsection (c).
					(Source: P.A. 93-577, eff. 8-21-03; 94-931, eff. 6-26-06.) (210 ILCS 28/45)Sec. 45. Department's annual report. The Department shall include in its annual Long-Term Care Report to the General Assembly a report of the activities of the review teams and Executive Council, the results of the review teams' findings, recommendations made to the Department by the review teams and the Executive Council, and, as applicable, either (i) the implementation of the recommendations or (ii) the reasons the recommendations were not implemented.
(Source: P.A. 94-931, eff. 6-26-06.) (210 ILCS 28/50)Sec. 50. Funding. Notwithstanding any other provision of law, to the extent permitted by federal law, the Department shall use moneys from fines paid by facilities licensed under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act for violating requirements for certification under Titles XVIII and XIX of the Social Security Act to implement the provisions of this Act.  The Department shall use moneys deposited in the Long Term Care Monitor/Receiver Fund to pay the costs of implementing this Act that cannot be met by the use of federal civil monetary penalties.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.) (210 ILCS 28/75)Sec. 75. 
		Relationship to other Acts. 
		Nothing in this Act is intended to
conflict
with or duplicate provisions of other Acts or rules implementing other Acts.
		(Source: P.A. 93-577, eff. 8-21-03.) (210 ILCS 28/85)Sec. 85. (Repealed).
		(Source: P.A. 93-577, eff. 8-21-03. Repealed by P.A. 94-752, eff. 5-10-06; 94-931, eff. 6-26-06.) (210 ILCS 28/90)Sec. 90. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 93-577, eff. 8-21-03; text omitted.) (210 ILCS 28/93)Sec. 93. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 93-577, eff. 8-21-03; text omitted.) (210 ILCS 28/99)Sec. 99. 
		Effective date. 
		This Act takes effect upon becoming law.
		(Source: P.A. 93-577, eff. 8-21-03.)
(210 ILCS 3/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Alternative Health Care Delivery Act.
		(Source: P.A. 87-1188.) (210 ILCS 3/5)Sec. 5. 
		Purpose. 
		The General Assembly finds that many consumers have
limited access to needed health care.  Other consumers have limited health care
choices.  Consumers of health care also experience high out-of-pocket costs for
health care, and the State as a whole experiences high aggregate health care
costs. The General Assembly also finds that the provision of high quality
services, regardless of setting, for care is of overriding importance.
Currently, there is insufficient data and information on the efficacy of
alternative models of health care delivery. New and innovative solutions must
be found to correct these problems.  This Act is intended to foster those
innovations through the development of demonstration projects to license and
study alternative health care delivery systems.  Furthermore, these
demonstration projects shall be developed in an orderly manner and regulated by
the Department of Public Health.
		(Source: P.A. 87-1188.) (210 ILCS 3/10)Sec. 10. Definitions. In this Act, unless the context
otherwise requires:"Ambulatory surgical treatment center" or "ASTC" means any institution, place, or building licensed under the Ambulatory Surgical Treatment Center Act."Alternative health care model" means a facility or program
authorized under Section 35 of this Act."Board" means the State Board of Health."Department" means the Illinois Department of Public Health."Demonstration program" means a program to license and study
alternative health care models authorized under this Act."Director" means the Director of Public Health.
(Source: P.A. 97-987, eff. 1-1-13.) (210 ILCS 3/15)Sec. 15. License required. No health care facility or program that
meets the definition and scope of an alternative health care model shall
operate as such unless it is a participant in a demonstration program under
this Act and licensed by the Department as an alternative health care model.

 The provisions of this Act concerning children's community-based health care centers
shall not apply to any facility licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, the MC/DD Act, or the University of Illinois Hospital Act that provides
respite care services to children.
(Source: P.A. 98-629, eff. 1-1-15; 99-180, eff. 7-29-15.) (210 ILCS 3/20)Sec. 20. Board responsibilities. The State Board of Health shall have the
responsibilities set forth in this Section.(a) The Board shall investigate new health care delivery models and
recommend to the Governor and the General Assembly, through the Department,
those models that should be authorized as alternative health care models for
which demonstration programs should be initiated.  In its deliberations, the
Board shall use the following criteria:(1) The feasibility of operating the model in     Illinois,  based on a review of the experience in other states including the impact on health professionals of other health care programs or facilities.(2) The potential of the model to meet an unmet need.(3) The potential of the model to reduce health care     costs to consumers, costs to third party payors, and aggregate costs to the public.(4) The potential of the model to maintain or improve     the standards of health care delivery in some measurable fashion.(5) The potential of the model to provide increased     choices or access for patients.(b) The Board shall evaluate and make recommendations to the Governor and
the General Assembly, through the Department, regarding alternative health care
model demonstration programs established under this Act, at the midpoint and
end of the period of operation of the demonstration programs.  The report shall
include, at a minimum, the following:(1) Whether the alternative health care models     improved access to  health care for their service populations in the State.(2) The quality of care provided by the alternative     health  care models as may be evidenced by health outcomes, surveillance reports, and administrative actions taken by the Department.(3) The cost and cost effectiveness to the public,     third-party payors, and government of the alternative health care models, including the impact of pilot programs on aggregate health care costs in the area. In addition to any other information collected by the Board under this Section, the Board shall collect from postsurgical recovery care centers uniform billing data substantially the same as specified in Section 4-2(e) of the Illinois Health Finance Reform Act. To facilitate its evaluation of that data, the Board shall forward a copy of the data to the Illinois Health Care Cost Containment Council.  All patient identifiers shall be removed from the data before it is submitted to the Board or Council.(4) The impact of the alternative health care models     on the health care system in that area, including changing patterns of patient demand and utilization, financial viability, and feasibility of operation of service in inpatient and alternative models in the area.(5) The implementation by alternative health care     models of any special commitments made during application review to the Health Facilities and Services Review Board.(6) The continuation, expansion, or modification of     the alternative health care models.(c) The Board shall advise the Department on the definition and scope of
alternative health care models demonstration programs.(d) In carrying out its responsibilities under this Section, the
Board shall seek the advice of other Department advisory boards or committees
that may be impacted by the alternative health care model or the proposed
model of health care delivery.  The Board shall also seek input from other
interested parties, which may include holding public hearings.(e) The Board shall otherwise advise the Department on the administration of
the Act as the Board deems appropriate.
(Source: P.A. 96-31, eff. 6-30-09.) (210 ILCS 3/25)Sec. 25. Department responsibilities. The Department shall have the
responsibilities set forth in this Section.(a) The Department shall adopt rules for each alternative health care model
authorized under this Act that shall include but not be limited to the
following:(1) Further definition of the alternative health care     models.(2) The definition and scope of the demonstration     program, including the implementation date and period of operation, not to exceed 5 years.(3) License application information required by the     Department.(4) The care of patients in the alternative health     care models.(5) Rights afforded to patients of the alternative     health care models.(6) Physical plant requirements.(7) License application and renewal fees, which may     cover the cost of administering the demonstration program.(8) Information that may be necessary for the Board     and the Department to monitor and evaluate the alternative health care model demonstration program.(9) Administrative fines that may be assessed by the     Department for violations of this Act or the rules adopted under this Act.(b) The Department shall issue, renew, deny, suspend, or revoke licenses for
alternative health care models.(c) The Department shall perform licensure inspections of alternative health
care models as deemed necessary by the Department to ensure compliance with
this Act or rules.(d) The Department shall deposit application fees, renewal fees, and fines
into the Regulatory Evaluation and Basic Enforcement Fund.(e) The Department shall assist the Board in performing the
Board's
responsibilities under this Act.(f) (Blank).(g) (Blank).
(Source: P.A. 96-669, eff. 8-25-09.) (210 ILCS 3/30)Sec. 30. Demonstration program requirements. The requirements set forth in
this Section shall apply to demonstration programs.(a) (Blank).(a-5) There shall be no more than the total number of postsurgical
recovery care centers with a certificate of need for beds as of January 1, 2008.(a-10) There shall be no more than a total of 9 children's community-based health care center alternative health care models in the demonstration program, which shall
be located as follows:(1) Two in the City of Chicago.(2) One in Cook County outside the City of Chicago.(3) A total of 2 in the area comprised of DuPage,     Kane, Lake, McHenry, and Will counties.(4) A total of 2 in municipalities with a population     of 50,000 or more and  not located in the areas described in paragraphs (1), (2), or (3).(5) A total of 2 in rural areas, as defined by the     Health Facilities and Services Review Board.No more than one children's community-based health care center owned and operated by a
licensed skilled pediatric facility shall be located in each of the areas
designated in this subsection (a-10).(a-15) There shall be 5 authorized community-based residential
rehabilitation center alternative health care models in the demonstration
program.(a-20) There shall be an authorized
Alzheimer's disease management center alternative health care model in the
demonstration program.  The Alzheimer's disease management center shall be
located in Will
County, owned by a
not-for-profit entity, and endorsed by a resolution approved by the county
board before the effective date of this amendatory Act of the 91st General
Assembly.(a-25) There shall be no more than 17 birth center alternative health care
models in the demonstration program, located as follows:(1) Ten in the area comprising Cook, DuPage, Kane,     Lake, McHenry, and Will counties, one of which shall be owned or operated by a hospital, 2 of which shall be owned or operated by a federally qualified health center, and one of which shall be located within Planning Area A-3 to address the disparate perinatal and child health outcomes in Planning Area A-3.  In addition, 2 birth center alternative health care models shall be located in Planning Area A-2 and 2 birth center alternative health care models shall be located in Planning Area A-4.(2) Three in municipalities with a population of     50,000 or more not located in the area described in paragraph (1) of this subsection, one of which shall be owned or operated by a hospital and one of which shall be owned or operated by a federally qualified health center.(3) Three in rural areas, one of which shall be owned     or operated by a hospital and one of which shall be owned or operated by a federally qualified health center.(4) One in the City of East St. Louis in Planning     Area F-1.The first 3 birth centers authorized to operate by the Department shall be
located in or predominantly serve the residents of a health professional
shortage area as determined by the United States Department of Health and Human
Services.  There shall be no more than 2 birth centers authorized to operate in
any single health planning area for obstetric services as determined under the
Illinois Health Facilities Planning Act.  If a birth center is located outside
of a
health professional shortage area, (i) the birth center shall be located in a
health planning
area with a demonstrated need for obstetrical service beds, as determined by
the Health Facilities and Services Review Board or (ii) there must be a
reduction in
the existing number of obstetrical service beds in the planning area so that
the establishment of the birth center does not result in an increase in the
total number of obstetrical service beds in the health planning area.(b) Alternative health care models, other than a model authorized under subsection (a-10) or
(a-20), shall obtain a certificate of
need from the Health Facilities and Services Review Board under the Illinois
Health Facilities Planning Act before receiving a license by the
Department.
If, after obtaining its initial certificate of need, an alternative health
care delivery model that is a community based residential rehabilitation center
seeks to
increase the bed capacity of that center, it must obtain a certificate of need
from the Health Facilities and Services Review Board before increasing the bed
capacity.  Alternative
health care models in medically underserved areas
shall receive priority in obtaining a certificate of need.(c) An alternative health care model license shall be issued for a
period of one year and shall be annually renewed if the facility or
program is in substantial compliance with the Department's rules
adopted under this Act. A licensed alternative health care model that continues
to be in substantial compliance after the conclusion of the demonstration
program shall be eligible for annual renewals unless and until a different
licensure program for that type of health care model is established by
legislation, except that a postsurgical recovery care center meeting the following requirements may apply within 3 years after August 25, 2009 (the effective date of Public Act 96-669) for  a Certificate of Need permit to operate as a hospital:(1) The postsurgical recovery care center shall apply     to the Health Facilities and Services Review Board for a Certificate of Need permit to discontinue the postsurgical recovery care center and to establish a hospital.(2) If the postsurgical recovery care center obtains     a Certificate of Need permit to operate as a hospital, it shall apply for licensure as a hospital under the Hospital Licensing Act and shall meet all statutory and regulatory requirements of a hospital.(3) After obtaining licensure as a hospital, any     license as an ambulatory surgical treatment center and any license as a postsurgical recovery care center shall be null and void.(4) The former postsurgical recovery care center that     receives a hospital license must seek and use its best efforts to maintain certification under Titles XVIII and XIX of the federal Social Security Act.The Department may issue a provisional license to any
alternative health care model that does not substantially comply with the
provisions of this Act and the rules adopted under this Act if (i)
the Department finds that the alternative health care model has undertaken
changes and corrections which upon completion will render the alternative
health care model in substantial compliance with this Act and rules and
(ii) the health and safety of the patients of the alternative
health care model will be protected during the period for which the provisional
license is issued.  The Department shall advise the licensee of
the conditions under which the provisional license is issued, including
the manner in which the alternative health care model fails to comply with
the provisions of this Act and rules, and the time within which the changes
and corrections necessary for the alternative health care model to
substantially comply with this Act and rules shall be completed.(d) Alternative health care models shall seek certification under Titles
XVIII and XIX of the federal Social Security Act.  In addition, alternative
health care models shall provide charitable care consistent with that provided
by comparable health care providers in the geographic area.(d-5) (Blank).(e) Alternative health care models shall, to the extent possible,
link and integrate their services with nearby health care facilities.(f) Each alternative health care model shall implement a quality
assurance program with measurable benefits and at reasonable cost.
(Source: P.A. 102-414, eff. 8-20-21.) (210 ILCS 3/35)Sec. 35. Alternative health care models authorized. Notwithstanding
any other law to the contrary, alternative health care models
described in this Section may be established on a demonstration basis.(1) (Blank).(2) Alternative health care delivery model;     postsurgical recovery care center.  A postsurgical recovery care center is a designated site which provides postsurgical recovery care for generally healthy patients undergoing surgical procedures that potentially require overnight nursing care, pain control, or observation that would otherwise be provided in an inpatient setting. Patients may be discharged from the postsurgical recovery care center in less than 24 hours if the attending physician or the facility's medical director believes the patient has recovered enough to be discharged.  A postsurgical recovery care center is either freestanding or a defined unit of an ambulatory surgical treatment center or hospital. No facility, or portion of a facility, may participate in a demonstration program as a postsurgical recovery care center unless the facility has been licensed as an ambulatory surgical treatment center or hospital for at least 2 years before August 20, 1993 (the effective date of Public Act 88-441).  The maximum length of stay for patients in a postsurgical recovery care center is not to exceed 48 hours unless the treating physician requests an extension of time from the recovery center's medical director on the basis of medical or clinical documentation that an additional care period is required for the recovery of a patient and the medical director approves the extension of time.  In no case, however, shall a patient's length of stay in a postsurgical recovery care center be longer than 72 hours. If a patient requires an additional care period after the expiration of the 72-hour limit, the patient shall be transferred to an appropriate facility.  Reports on variances from the 24-hour or 48-hour limit shall be sent to the Department for its evaluation.  The reports shall, before submission to the Department, have removed from them all patient and physician identifiers. Blood products may be administered in the postsurgical recovery care center model.  In order to handle cases of complications, emergencies, or exigent circumstances, every postsurgical recovery care center as defined in this paragraph shall maintain a contractual relationship, including a transfer agreement, with a general acute care hospital.  A postsurgical recovery care center shall be no larger than 20 beds. A postsurgical recovery care center shall be located within 15 minutes travel time from the general acute care hospital with which the center maintains a contractual relationship, including a transfer agreement, as required under this paragraph.No postsurgical recovery care center shall     discriminate against any patient requiring treatment because of the source of payment for services, including Medicare and Medicaid recipients.The Department shall adopt rules to implement the     provisions of Public Act 88-441 concerning postsurgical recovery care centers within 9 months after August 20, 1993. Notwithstanding any other law to the contrary, a postsurgical recovery care center model may provide sleep laboratory or similar sleep studies in accordance with applicable State and federal laws and regulations.(3) Alternative health care delivery model;     children's community-based health care center.  A children's community-based health care center model is a designated site that provides nursing care, clinical support services, and therapies for a period of one to 14 days for short-term stays and 120 days to facilitate transitions to home or other appropriate settings for medically fragile children, technology dependent children, and children with special health care needs who are deemed clinically stable by a physician and are younger than 22 years of age.  This care is to be provided in a home-like environment that serves no more than 12 children at a time, except that a children's community-based health care center in existence on the effective date of this amendatory Act of the 100th General Assembly that is located in Chicago on grade level for Life Safety Code purposes may provide care to no more than 16 children at a time.  Children's community-based health care center services must be available through the model to all families, including those whose care is paid for through the Department of Healthcare and Family Services, the Department of Children and Family Services, the Department of Human Services, and insurance companies who cover home health care services or private duty nursing care in the home.Each children's community-based health care center     model location shall be physically separate and apart from any other facility licensed by the Department of Public Health under this or any other Act and shall provide the following services: respite care, registered nursing or licensed practical nursing care, transitional care to facilitate home placement or other appropriate settings and reunite families, medical day care, weekend camps, and diagnostic studies typically done in the home setting.Coverage for the services provided by the Department     of Healthcare and Family Services  under this paragraph (3) is contingent upon federal waiver approval and is provided only to Medicaid eligible clients participating in the home and community based services waiver designated in Section 1915(c) of the Social Security Act for medically frail and technologically dependent children or children in Department of Children and Family Services foster care who receive home health benefits.(4) Alternative health care delivery model; community     based residential rehabilitation center. A community-based residential rehabilitation center model is a designated site that provides rehabilitation or support, or both, for persons who have experienced severe brain injury, who are medically stable, and who no longer require acute rehabilitative care or intense medical or nursing services.  The average length of stay in a community-based residential rehabilitation center shall not exceed 4 months.  As an integral part of the services provided, individuals are housed in a supervised living setting while having immediate access to the community.  The residential rehabilitation center authorized by the Department may have more than one residence included under the license. A residence may be no larger than 12 beds and shall be located as an integral part of the community.  Day treatment or individualized outpatient services shall be provided for persons who reside in their own home.  Functional outcome goals shall be established for each individual.  Services shall include, but are not limited to, case management, training and assistance with activities of daily living, nursing consultation, traditional therapies (physical, occupational, speech), functional interventions in the residence and community (job placement, shopping, banking, recreation), counseling, self-management strategies, productive activities, and multiple opportunities for skill acquisition and practice throughout the day.  The design of individualized program plans shall be consistent with the outcome goals that are established for each resident. The programs provided in this setting shall be accredited by the Commission on Accreditation of Rehabilitation Facilities (CARF).  The program shall have been accredited by CARF as a Brain Injury Community-Integrative Program for at least 3 years.(5) Alternative health care delivery model;     Alzheimer's disease management center.  An Alzheimer's disease management center model is a designated site that provides a safe and secure setting for care of persons diagnosed with Alzheimer's disease.  An Alzheimer's disease management center model shall be a facility separate from any other facility licensed by the Department of Public Health under this or any other Act.  An Alzheimer's disease management center shall conduct and document an assessment of each resident every 6 months.  The assessment shall include an evaluation of daily functioning, cognitive status, other medical conditions, and behavioral problems.  An Alzheimer's disease management center shall develop and implement an ongoing treatment plan for each resident.  The treatment plan shall have defined goals. The Alzheimer's disease management center shall treat behavioral problems and mood disorders using nonpharmacologic approaches such as environmental modification, task simplification, and other appropriate activities. All staff must have necessary training to care for all stages of Alzheimer's Disease.  An Alzheimer's disease management center shall provide education and support for residents and caregivers.  The education and support shall include referrals to support organizations for educational materials on community resources, support groups, legal and financial issues, respite care, and future care needs and options.  The education and support shall also include a discussion of the resident's need to make advance directives and to identify surrogates for medical and legal decision-making.  The provisions of this paragraph establish the minimum level of services that must be provided by an Alzheimer's disease management center.  An Alzheimer's disease management center model shall have no more than 100 residents.  Nothing in this paragraph (5) shall be construed as prohibiting a person or facility from providing services and care to persons with Alzheimer's disease as otherwise authorized under State law.(6) Alternative health care delivery model; birth     center.  A birth center shall be exclusively dedicated to serving the    childbirth-related needs of women and their newborns and shall have no more than 10 beds.  A birth center is a designated site that is away from the mother's usual place of residence and in which births are planned to occur following a normal, uncomplicated, and low-risk pregnancy.  A birth center shall offer prenatal care and community education services and shall coordinate these services with other health care services available in the community.(A) A birth center shall not be separately         licensed if it       is one of the following:(1) A part of a hospital; or(2) A freestanding facility that is             physically       distinct from a hospital but is operated under a       license issued to a hospital under the Hospital       Licensing Act.(B) A separate birth center license shall be         required if the birth center is operated as:(1) A part of the operation of a federally                   qualified health center as designated by the United       States Department of Health and Human Services; or(2) A facility other than one described in             subparagraph (A)(1), (A)(2), or (B)(1)  of this paragraph (6) whose costs are       reimbursable under Title XIX of the federal Social       Security Act.In adopting rules for birth centers, the Department     shall consider:       the American Association       of Birth Centers' Standards for Freestanding Birth Centers; the American Academy of Pediatrics/American College of Obstetricians and Gynecologists Guidelines for Perinatal Care; and the Regionalized Perinatal Health Care Code. The Department's rules shall stipulate the eligibility criteria for birth center admission. The Department's rules shall       stipulate the necessary equipment for emergency care       according to the American Association of Birth Centers'               standards and any additional equipment deemed necessary by the Department. The Department's rules shall provide for a time       period within which each birth center not part of a       hospital must become accredited by either the Commission for the       Accreditation of Freestanding Birth Centers or The Joint Commission.A birth center shall be certified to participate in     the Medicare and Medicaid programs under Titles XVIII and XIX, respectively, of the federal Social Security Act. To the extent necessary, the Illinois Department of Healthcare and Family Services shall apply for a waiver from the United States Health Care Financing Administration to allow birth centers to be reimbursed under Title XIX of the federal Social Security Act.A birth center that is not operated under a hospital     license shall be located within a ground travel time distance from the general acute care hospital with which       the birth center maintains a contractual relationship,       including a transfer agreement, as required under this       paragraph, that allows for an emergency caesarian delivery to be started within 30 minutes of the decision a caesarian delivery is necessary. A birth center operating under a hospital license shall be located within a ground travel time distance from the licensed hospital that allows for an emergency caesarian delivery to be started within 30 minutes of the decision a caesarian delivery is necessary.The services of a medical director physician,     licensed to practice medicine in all its branches,   who is certified or eligible for certification by the American College of Obstetricians and Gynecologists or the American Board of Osteopathic Obstetricians and Gynecologists or has hospital obstetrical privileges are required in birth centers. The medical director in consultation with the Director of Nursing and Midwifery Services shall coordinate the clinical staff and overall provision of patient care.        The medical director or his or her physician designee shall be available on the premises or within a close proximity as defined by rule.  The medical director and the Director of Nursing and Midwifery Services shall jointly develop and approve policies defining the criteria to determine which pregnancies are accepted as normal, uncomplicated, and low-risk, and the anesthesia services available at the center.  No general anesthesia may be administered at the center.If a birth center employs certified nurse midwives, a     certified nurse midwife shall be the Director of Nursing and Midwifery Services who is responsible for the development of policies and procedures for services as provided by Department rules.An obstetrician, family practitioner, or certified     nurse midwife shall attend each woman in labor from the time of admission through birth and throughout the immediate postpartum period.  Attendance may be delegated only to another physician or certified nurse midwife.  Additionally, a second staff person shall also be present at each birth who is licensed or certified in Illinois in a health-related field and under the supervision of the physician or certified nurse midwife in attendance, has specialized training in labor and delivery techniques and care of newborns, and receives planned and ongoing training as needed to perform assigned duties effectively.The maximum length of stay in a birth center shall be     consistent with existing State laws allowing a 48-hour stay or appropriate post-delivery care, if discharged earlier than 48 hours.A birth center shall participate in the Illinois     Perinatal System under the Developmental Disability Prevention Act.  At a minimum, this participation shall require a birth center to establish a letter of agreement with a hospital designated under the Perinatal System.  A hospital that operates or has a letter of agreement with a birth center shall include the birth center under its maternity service plan under the Hospital Licensing Act and shall include the birth center in the hospital's letter of agreement with its regional perinatal center.A birth center may not discriminate against any     patient requiring treatment because of the source of payment for services, including Medicare and Medicaid recipients.No general anesthesia and no surgery may be performed     at a birth center.  The Department may by rule add birth center patient eligibility criteria or standards as it deems necessary.         The Department shall by rule require each birth center to report the information which the Department shall make publicly available, which shall include, but is not limited to, the following:(i) Birth center ownership.(ii) Sources of payment for services.(iii) Utilization data involving patient length         of stay.(iv) Admissions and discharges.(v) Complications.(vi) Transfers.(vii) Unusual incidents.(viii) Deaths.(ix) Any other publicly reported data required         under the Illinois Consumer Guide.(x) Post-discharge patient status data where         patients are followed for 14 days after discharge from the birth center to determine whether the mother or baby developed a complication or infection.Within 9 months after the effective date of this     amendatory Act of the 95th General Assembly, the Department shall adopt rules that are developed with consideration of: the American Association of Birth Centers' Standards for Freestanding Birth Centers; the American Academy of Pediatrics/American College of Obstetricians and Gynecologists Guidelines for Perinatal Care; and the Regionalized Perinatal Health Care Code.The Department shall adopt other rules as necessary     to implement the provisions of this amendatory Act of the 95th General Assembly within 9 months after the effective date of this amendatory Act of the 95th General Assembly.(Source: P.A. 100-518, eff. 12-8-17 (see Section 5 of P.A. 100-558 for the effective date of changes made by P.A. 100-518).) (210 ILCS 3/35.1)Sec. 35.1. (Repealed).
	 
	 (Source: P.A. 89-393, eff. 8-20-95. Repealed by P.A. 96-669, eff. 8-25-09.) (210 ILCS 3/35.5)Sec. 35.5. Closed captioning required. An alternative health care model licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a patient's room, or enable the closed captioning feature when requested to do so by a member of the general public or a patient, if the television includes a closed captioning feature.It is not a violation of this Section if the closed captioning feature is deactivated by a member of the alternative health care model's staff after such feature is enabled in a common area or in a patient's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a patient, or a member of the alternative health care model's staff at the request of a patient of the alternative health care model licensed under this Act.If the alternative health care model licensed under this Act does not have a television that includes a closed captioning feature,  then the alternative health care model licensed under this Act must ensure that all televisions  obtained for common areas and patient rooms after the effective date of this amendatory Act of the 101st General Assembly include a closed captioning feature.  This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law.As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.
(Source: P.A. 101-116, eff. 1-1-20.) (210 ILCS 3/36)Sec. 36. 
		Use of name; patient transfers; consulting committee. 
		No facility or person shall hold itself out to the public as a "recovery
care center" or "postsurgical recovery care center" unless it is licensed as a
postsurgical recovery care center under this Act.The Department shall establish by rule criteria for patient transfers to
postsurgical recovery care models.  Each facility licensed as a postsurgical
recovery care center shall establish a qualified consulting committee to review
the types of surgical procedures performed in ambulatory surgical treatment
centers and hospitals which intend to transfer patients to the recovery care
center.  The committee shall recommend appropriate procedures for approval by
the Department of Public Health.  Action on these recommendations by the
Department shall not be unreasonably withheld.
		(Source: P.A. 88-490.) (210 ILCS 3/36.5)Sec. 36.5. (Repealed).
	 
	 (Source: P.A. 96-31, eff. 6-30-09. Repealed by P.A. 97-135, eff. 7-14-11.) (210 ILCS 3/40)Sec. 40. 
		Demonstration program funding. 
		The Regulatory Evaluation and Basic
Enforcement Fund is created in the State treasury to collect application fees,
renewal fees, and fines collected under this Act.  Moneys  shall be
appropriated from the Fund to the Department to implement its administrative,
licensure, and evaluation functions under this Act.
		(Source: P.A. 87-1188.) (210 ILCS 3/45)Sec. 45. 
		License denial, suspension, or revocation. 
		A license may be
denied, suspended, or revoked, or the renewal of a license may be denied, for
any of the following reasons:(1) Violation of any provision of this Act or the     rules adopted by the Department under this Act.(2) Conviction of the owner or operator of the     alternative health care model (i) of a felony or (ii) of any other crime under the laws of any state or of the United States arising out of or in connection with the operation of a health care facility.  The record of conviction or a certified copy of it shall be conclusive evidence of conviction.(3) An encumbrance on a health care license issued in     Illinois or any other state to the owner or operator of the alternative health care model.(4) Revocation of any facility license issued by the     Department during the previous 5 years or surrender or expiration of the license during the pendency of action by the Department to revoke or suspend the license during the previous 5 years, if (i) the prior license  was issued to the individual applicant or a controlling owner or controlling combination of owners of the applicant or (ii) any affiliate of the individual applicant or controlling owner of the applicant or affiliate of the applicant was a controlling owner of the prior license.		(Source: P.A. 87-1188.) (210 ILCS 3/50)Sec. 50. 
		Investigation of applicant or licensee; notice. 
		The Department
may on its own motion, and shall on the verified complaint in writing of any
person setting forth facts which if proven would constitute grounds for the
denial of an application for a license, refusal to renew a license, suspension
of a license, or revocation of a license, investigate the applicant or
licensee. The Department, after notice and an opportunity for a hearing, may
deny an application for a licensee, revoke a license, or refuse to renew a
license under Section 45 of this Act.  Before denying a license application,
refusing to renew a license, suspending a license, or revoking a license, the
Department shall notify the applicant or licensee in writing. The notice shall
specify the charges or reasons for the Department's contemplated action.  If
the applicant or licensee desires a hearing on the Department's contemplated
action, he or she must request a hearing within 10 days after receiving the
notice.  A failure to request a hearing within 10 days shall constitute a
waiver of the applicant's or licensee's right to a hearing.
		(Source: P.A. 87-1188.) (210 ILCS 3/55)Sec. 55. 
		Hearings. 
		The hearing requested under Sec. 50 shall be
conducted by the Director or an individual designated in writing by the
Director as a hearing officer. The Director or hearing officer may compel, by
subpoena or subpoena duces tecum, the attendance and testimony of witnesses and
the production of books and papers.  The Director or hearing officer may
administer oaths to witnesses. The hearing shall be conducted at a place
designated by the Department.  The procedures governing hearings and the
issuance of final orders under this Act shall be according to rules adopted by
the Department. All subpoenas issued by the Director or hearing officer may be
served as in civil actions. The fees of witnesses for attendance and travel
shall be the same as the fees for witnesses before the circuit court and shall
be paid by the party to the proceedings at whose request the subpoena is
issued. If a subpoena is issued at the request of the Department, the witness
fee shall be paid by the Department as an administrative expense.  If a witness
refuses to attend or testify, or to produce books or papers, concerning any
matter on which he or she might be lawfully examined, the circuit court of the
county in which the hearing is held, on application of any party to the
proceeding, may compel obedience by a proceeding for contempt as in cases of a
refusal to obey a similar order of the court.
		(Source: P.A. 87-1188.) (210 ILCS 3/60)Sec. 60. 
		Final orders. 
		The Director or hearing officer shall make findings
of fact and conclusions of law in the matters that are the subject of the
hearing, and the Director shall render a decision, or the hearing officer a
proposal for decision, within 45 days after the termination of the hearing
unless additional time is required by the Director or hearing officer for a
proper disposition of the matter. A copy of the final decision of the Director
shall be served on the applicant or licensee in person or by certified mail.
		(Source: P.A. 87-1188.) (210 ILCS 3/65)Sec. 65. 
		Judicial review; deposit for costs.(a) All final administrative decisions of the Department under this Act
shall be subject to judicial review under the provisions of the Administrative
Review Law and the rules adopted under that Law. "Administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.  Proceedings for
judicial review shall be commenced in the circuit court of the county in which
the party applying for review resides.  If that party is not a resident of this
State, however, the venue shall be in Sangamon County.(b) The Department shall not be required to certify any record or file any
answer or otherwise appear in any proceeding for judicial review unless the
party filing the complaint deposits with the clerk of the circuit court the sum
of $0.95 per page for the costs of certification. Failure by the plaintiff to
make the deposit shall be grounds for dismissing the action.
		(Source: P.A. 87-1188.) (210 ILCS 3/70)Sec. 70. 
		Administrative rules. 
		The Illinois Administrative Procedure Act is
expressly adopted and shall apply to all rules of the Department adopted under
this Act.
		(Source: P.A. 87-1188.) (210 ILCS 3/75)Sec. 75. 
		Violations; criminal penalties. 
		Any person opening,
conducting, or maintaining an alternative health care model without a
license issued under this Act shall be guilty of a business offense
punishable upon conviction by a fine of $10,000.  Each day the violation
continues shall constitute a
separate offense.
		(Source: P.A. 87-1188.) (210 ILCS 3/80)Sec. 80. 
		Injunction. 
		The operation or maintenance of an alternative health
care model in violation of this Act or the rules adopted under this Act is
declared to be inimical to the public welfare. The Director, in addition to
other remedies provided in this Act, may bring an action in the name of the
People of the State, through the Attorney General, for an injunction to
restrain a violation of this Act or the rules or to enjoin the future operation
or maintenance of the alternative health care model.
		(Source: P.A. 87-1188.) (210 ILCS 3/99)Sec. 99. 
		This Act shall take effect upon becoming law. 
		(Source: P.A. 87-1188.)
(210 ILCS 30/1) (from Ch. 111 1/2, par. 4161)Sec. 1. 
		
		This Act may be cited as the
Abused and Neglected Long Term Care Facility Residents Reporting Act.
		(Source: P.A. 86-1475.) (210 ILCS 30/2) (from Ch. 111 1/2, par. 4162)Sec. 2. 
		
		The Illinois Department of Public Health shall upon receiving
reports made under this Act, seek to protect residents and prevent further
harm to the resident who was the subject of the report and other residents
in the facility.  In performing these duties, the Department may utilize
such protective services of other State departments, commissions, boards
or other agencies and any voluntary agencies as are available.
		(Source: P.A. 82-120.) (210 ILCS 30/3) (from Ch. 111 1/2, par. 4163)Sec. 3. As used in this Act unless the context otherwise requires:a. "Department" means the Department of Public Health of the State of
Illinois.b. "Resident" means a person residing in and receiving personal care from
a long term care facility, or residing in a mental health facility or
developmental disability facility as defined in the Mental Health and
Developmental Disabilities Code.c. "Long term care facility" has the same meaning ascribed to such term
in the Nursing Home Care Act, except that the term as
used in this Act shall include any mental health facility or
developmental disability facility as defined in the Mental Health and
Developmental Disabilities Code. The term also includes any facility licensed under the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013.d. "Abuse" means any physical injury, sexual abuse or mental injury
inflicted on a resident other than by accidental means.e. "Neglect" means a failure in a long term care facility to provide
adequate medical or personal care or maintenance, which failure results in
physical or mental injury to a resident or in the deterioration of a
resident's physical or mental condition.f. "Protective services" means services provided to a resident who has
been abused or neglected, which may include, but are not limited to alternative
temporary institutional placement, nursing care, counseling, other social
services provided at the nursing home where the resident resides or at some
other facility, personal care and such protective services of voluntary
agencies as are available.g. Unless the context otherwise requires, direct or indirect references in
this Act to the programs, personnel, facilities, services, service providers,
or service recipients of the Department of Human Services shall be construed to
refer only to those programs, personnel, facilities, services, service
providers, or service recipients that pertain to the Department of Human
Services' mental health and developmental disabilities functions.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.) (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)Sec. 4. Any long term care facility administrator, agent or employee
or any physician, hospital, surgeon, dentist, osteopath, chiropractor,
podiatric physician, accredited religious practitioner who provides treatment by spiritual means alone through prayer in accordance with the tenets and practices of the accrediting church, coroner, social worker, social
services administrator, registered nurse, law enforcement officer, field
personnel of the Department of Healthcare and Family Services, field personnel of the
Illinois Department of Public Health and County or Municipal Health
Departments, personnel of the Department of Human Services (acting as the
successor to the Department of Mental Health and Developmental Disabilities
or the Department of Public Aid),
personnel of the Guardianship and Advocacy Commission, personnel of the
State Fire Marshal, local fire department inspectors or other personnel,
or personnel of the Illinois
Department on Aging, or its subsidiary Agencies on Aging, or employee of a
facility licensed under the Assisted Living and Shared Housing
Act, having reasonable
cause to believe any
resident with whom they have direct contact has been subjected to abuse
or neglect shall immediately report or cause a report
to be made
to the Department.
Persons required to make reports or cause reports to
be made under this Section include all employees of the State of Illinois
who are involved in providing services to residents, including
professionals providing medical or rehabilitation services and all other
persons having direct contact with residents; and further include all
employees of community service agencies who provide services to a resident
of a public or private long term care facility outside of that facility.
Any long term care surveyor of the Illinois Department of Public Health
who has reasonable cause to believe in the course of a survey that a
resident has been abused or neglected and initiates an investigation while
on site at the facility shall be exempt from making a report under this
Section but the results of any such investigation shall be forwarded to
the central register in a manner and form described by the Department.The requirement of this Act shall not relieve any long term care
facility administrator, agent or employee of responsibility to report the
abuse or neglect of a resident under Section 3-610 of the Nursing Home
Care Act or under Section 3-610 of the ID/DD Community Care Act or under Section 3-610 of the MC/DD Act or under Section 2-107 of the Specialized Mental Health Rehabilitation Act of 2013.In addition to the above persons required to report suspected resident
abuse and neglect, any other person may make a report to the Department,
or to any law enforcement officer, if such person has reasonable cause to
suspect a resident has been abused or neglected.This Section also applies to residents whose death occurs from suspected
abuse or neglect before being found or brought to a hospital.A person required to make reports or cause reports to be made under
this Section who fails to comply with the requirements of this Section is
guilty of a Class A misdemeanor.
(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13; 98-756, eff. 7-16-14; 99-180, eff. 7-29-15.) (210 ILCS 30/5) (from Ch. 111 1/2, par. 4165)Sec. 5. 
		
		Any person required to investigate cases of suspected resident
abuse or neglect may take or cause to be taken, at the resident's expense
color photographs and x-rays of the area of trauma on the resident who is
the subject of a report.
		(Source: P.A. 82-120.) (210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)Sec. 6. All reports of suspected abuse or neglect made under this Act
shall be made immediately by telephone to the Department's central register
established under Section 14 on the single, State-wide, toll-free telephone
number established under Section 13, or in person or by telephone through
the nearest Department office.  No long term care facility administrator,
agent or employee, or any other person, shall screen reports or otherwise
withhold any reports from the Department, and no long term care facility,
department of State government, or other agency shall establish any rules,
criteria, standards or guidelines to the contrary.  Every long term care
facility, department of State government and other agency whose employees
are required to make or cause to be made reports under Section 4 shall
notify its employees of the provisions of that Section and of this Section,
and provide to the Department documentation that such notification has been
given.  The Department of Human Services shall train all of its mental health and developmental
disabilities employees in the detection and reporting of suspected
abuse and neglect of residents.  Reports made to the central register
through the State-wide, toll-free telephone number shall be transmitted to
appropriate Department offices and municipal health departments that have
responsibility for licensing long term care facilities under the Nursing
Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act.  All reports received through offices of the Department
shall be forwarded to the central register, in a manner and form described
by the Department.  The Department shall be capable of receiving reports of
suspected abuse and neglect 24 hours a day, 7 days a week.  Reports shall
also be made in writing deposited in the U.S. mail, postage prepaid, within
24 hours after having reasonable cause to believe that the condition of the
resident resulted from abuse or neglect.  Such reports may in addition be
made to the local law enforcement agency in the same manner. However, in
the event a report is made to the local law enforcement agency, the
reporter also shall immediately so inform the Department.  The Department
shall initiate an investigation of each report of resident abuse and
neglect under this Act, whether oral or written, as provided for in Section 3-702 of the Nursing Home Care Act, Section 2-208 of the Specialized Mental Health Rehabilitation Act of 2013, Section 3-702 of the ID/DD Community Care Act, or Section 3-702 of the MC/DD Act, except that reports of abuse which
indicate that a resident's life or safety is in imminent danger shall be
investigated within 24 hours of such report. The Department may delegate to
law enforcement officials or other public agencies the duty to perform such
investigation.With respect to investigations of reports of suspected abuse or neglect
of residents of mental health and developmental disabilities institutions
under the jurisdiction of the Department of
Human Services, the
Department shall transmit
copies of such reports to the Illinois State Police, the Department of
Human Services, and the
Inspector General
appointed under Section 1-17 of the Department of Human Services Act.  If the Department receives a report
of suspected abuse or neglect of a recipient of services as defined in Section
1-123 of the Mental Health and Developmental Disabilities Code, the
Department shall transmit copies of such report to the Inspector General
and the Directors of the Guardianship and Advocacy Commission and the
agency designated by the Governor pursuant to the Protection and Advocacy
for Persons with Developmental Disabilities Act.  When requested by the Director
of the Guardianship and Advocacy Commission, the agency designated by the
Governor pursuant to the Protection and Advocacy for Persons with Developmental Disabilities Act, or the Department of Financial and Professional Regulation, the Department, the Department of Human Services and the Illinois State Police shall make
available a copy of the final investigative report regarding investigations
conducted by their respective agencies on incidents of suspected abuse or
neglect of residents of mental health and developmental disabilities
institutions or individuals receiving services at community agencies under the jurisdiction of the Department of Human Services.  Such final investigative
report shall not contain witness statements, investigation notes, draft
summaries, results of lie detector tests, investigative files or other raw data
which was used to compile the final investigative report.  Specifically, the
final investigative report of the Illinois State Police shall mean the
Director's final transmittal letter.  The Department of Human Services shall also make available a
copy of the results of disciplinary proceedings of employees involved in
incidents of abuse or neglect to the Directors.  All identifiable
information in reports provided shall not be further disclosed except as
provided by the Mental Health and Developmental Disabilities
Confidentiality Act.  Nothing in this Section is intended to limit or
construe the power or authority granted to the agency designated by the
Governor pursuant to the Protection and Advocacy for Persons with Developmental Disabilities Act, pursuant to any other State or federal statute.With respect to investigations of reported resident abuse or neglect, the
Department shall effect with appropriate law enforcement agencies formal
agreements concerning methods and procedures for the conduct of investigations
into the criminal histories of any administrator, staff assistant or employee
of the nursing home or other person responsible for the residents care,
as well as for other residents in the nursing home who may be in a position
to abuse, neglect or exploit the patient.  Pursuant to the formal agreements
entered into with appropriate law enforcement agencies, the Department may
request information with respect to whether the person or persons set forth
in this paragraph have ever been charged with a crime and if so, the
disposition of those charges.  Unless the criminal histories of the
subjects involved crimes of violence or resident abuse or neglect, the
Department shall be entitled only to information limited in scope to
charges and their dispositions.  In cases where prior crimes of violence or
resident abuse or neglect are involved, a more detailed report can be made
available to authorized representatives of the Department, pursuant to the
agreements entered into with appropriate law enforcement agencies.  Any
criminal charges and their disposition information obtained by the
Department shall be confidential and may not be transmitted outside the
Department, except as required herein, to authorized representatives or
delegates of the Department, and may not be transmitted to anyone within
the Department who is not duly authorized to handle resident abuse or
neglect investigations.The Department shall effect formal agreements with appropriate law
enforcement agencies in the various counties and communities to encourage
cooperation and coordination in the handling of resident abuse or neglect
cases pursuant to this Act.  The Department shall adopt and implement
methods and procedures to promote statewide uniformity in the handling of
reports of abuse and neglect under this Act, and those methods and
procedures shall be adhered to by personnel of the Department involved in
such investigations and reporting.  The Department shall also make
information required by this Act available to authorized personnel within
the Department, as well as its authorized representatives.The Department shall keep a continuing record of all reports made
pursuant to this Act, including indications of the final determination of
any investigation and the final disposition of all reports.The Department shall report annually to the General Assembly on the
incidence of abuse and neglect of long term care facility residents, with
special attention to residents who are persons with mental disabilities. The report shall
include but not be limited to data on the number and source of reports of
suspected abuse or neglect filed under this Act, the nature of any injuries
to residents, the final determination of investigations, the type and
number of cases where abuse or neglect is determined to exist, and the
final disposition of cases.
(Source: P.A. 102-538, eff. 8-20-21.) (210 ILCS 30/6.2)Sec. 6.2. (Repealed).
	 
	 (Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 95-545, eff. 8-28-07.) (210 ILCS 30/6.3)Sec. 6.3. (Repealed).
	 
	 (Source: P.A. 93-636, eff. 12-31-03. Repealed by P.A. 95-545, eff. 8-28-07.) (210 ILCS 30/6.4)Sec. 6.4. (Repealed).
	 
	 (Source: P.A. 93-636, eff. 12-31-03. Repealed by P.A. 95-545, eff. 8-28-07.) (210 ILCS 30/6.5)Sec. 6.5. (Repealed).
	 
	 (Source: P.A. 93-636, eff. 12-31-03. Repealed by P.A. 95-545, eff. 8-28-07.) (210 ILCS 30/6.6)Sec. 6.6. (Repealed).
	 
	 (Source: P.A. 93-636, eff. 12-31-03. Repealed by P.A. 95-545, eff. 8-28-07.) (210 ILCS 30/6.7)Sec. 6.7. (Repealed).
	 
	 (Source: P.A. 93-636, eff. 12-31-03. Repealed by P.A. 95-545, eff. 8-28-07.) (210 ILCS 30/6.8)Sec. 6.8. (Repealed).
	 
	 (Source: P.A. 93-636, eff. 12-31-03. Repealed by P.A. 95-545, eff. 8-28-07.) (210 ILCS 30/7) (from Ch. 111 1/2, par. 4167)Sec. 7. 
		
		The report required by this Act shall include the name of the
resident, the name and address of the nursing home at which the resident
resides; the resident's age; the nature of the resident's condition including
any evidence of previous injuries or disabilities, and any other information
that the reporter believes might be helpful in establishing the cause of
such abuse or neglect and the identity of the person believed to have caused
such abuse or neglect.
		(Source: P.A. 82-120.) (210 ILCS 30/8) (from Ch. 111 1/2, par. 4168)Sec. 8. 
		
		Any person, institution or agency, participating in good faith
in the making of a report, or in the investigation of such a report or in
the taking of photographs or x-rays under this Act shall have immunity from
liability, civil, criminal, or otherwise, that might result by reason of such actions.For the purpose of any proceedings, civil or criminal, the good faith of
any persons required to report, or permitted to report, cases of resident
abuse or neglect under this Act, shall be presumed.
		(Source: P.A. 82-120.) (210 ILCS 30/9) (from Ch. 111 1/2, par. 4169)Sec. 9. 
		
		Any person who makes a report or who investigates a report
under this Act shall testify fully in any judicial proceeding resulting
from such report, as to any evidence of abuse or neglect, or the cause thereof.
No evidence shall be excluded by reason of any common law or statutory privilege
relating to communications between the alleged perpetrator of abuse or neglect,
or the resident subject of the report under this Act and the person making
or investigating the report.
		(Source: P.A. 82-120.) (210 ILCS 30/10) (from Ch. 111 1/2, par. 4170)Sec. 10. If, during the investigation of a report made pursuant to this
Act, the Department obtains information indicating possible criminal acts,
the Department shall refer the matter to the appropriate law enforcement
agency or agencies for further investigation or prosecution.  The Department
shall make the entire file of its investigation available to the appropriate
law enforcement agencies.With respect to reports of suspected abuse or neglect of residents of
facilities operated by the Department of Human Services (as successor to the
Department of Rehabilitation Services) or recipients of services through
any
home, institution, program or other entity licensed in whole or in part by the
Department of Human Services (as successor to the Department of
Rehabilitation Services), the Department shall refer reports to the Illinois State Police or the appropriate law enforcement entity upon awareness that a possible criminal act has occurred.
(Source: P.A. 102-538, eff. 8-20-21.) (210 ILCS 30/11) (from Ch. 111 1/2, par. 4171)Sec. 11. 
		
		The Department may arrange for protective services
to any nursing home resident who requires them when a report of abuse or
neglect has been made.  Such services shall be arranged for
a limited time, as determined by the Department to be sufficient for the
resident to obtain alternative permanent placement with the help of the
Department if necessary, or for any situation of the resident related to
the report of abuse or neglect which needs to be corrected or ameliorated
so that the patient's continued residence in the same nursing home may continue
without further abuse or neglect.
		(Source: P.A. 82-120.) (210 ILCS 30/12) (from Ch. 111 1/2, par. 4172)Sec. 12. 
		
		Nothing in this Act shall be construed to authorize or require
protective services, medical care or treatment for any person in contravention
of his stated or implied objection thereto upon grounds that it conflicts
with his or her religious belief or practices, nor shall such person be
considered abused or neglected for the exercise of such beliefs or practice.
		(Source: P.A. 82-120.) (210 ILCS 30/13) (from Ch. 111 1/2, par. 4173)Sec. 13. 
		
		There shall be a single State-wide, toll-free telephone number
established and maintained by the Department which all persons, whether
or not mandated by law, may use to report suspected long term care facility
resident abuse or neglect at any hour of the day or night, on any day of
the week.  Any other person may use the State-wide number to obtain
assistance or information concerning the handling of long term care
facility resident abuse and neglect cases. The Department shall establish
standards and procedures for using the State wide number, and shall take
appropriate steps to ensure that all persons required to make reports under
Section 4, as well as members of the general public, are aware of those
standards and procedures.
		(Source: P.A. 86-1013.) (210 ILCS 30/14) (from Ch. 111 1/2, par. 4174)Sec. 14. 
		
		There shall be a central register of all cases of suspected
long term care facility resident abuse or neglect reported and maintained
by the Department under this Act.  Through the recording of initial,
preliminary, progress, and final reports, the central register shall be
operated in such a manner as to enable the Department to:  (1) immediately
identify and  locate prior reports or cases of abuse or neglect; (2)
continuously monitor the current status of all cases of abuse or neglect
being provided services under this Act; and (3) regularly evaluate the
effectiveness of existing laws and programs through the development and
analysis of statistical and other information. The Department shall by
rule adopt appropriate standards and procedures for the operation of the
central register, including criteria to be used by long term care facility
employees in determining whether abuse or neglect of a resident is suspected,
and standards and procedures for making reports.  The Department shall also
take appropriate steps to ensure that all persons required to make reports
under Section 4 are aware of those criteria, standards and procedures.  The
Department shall establish, in  conjunction with the Department of Human
Services, standards for
evaluating reports of suspected abuse or neglect of recipients of mental health
or developmental disability services to determine if a recipient's life or
safety is in imminent danger, and for classifying other reports of suspected
abuse and neglect for purposes of determining the necessity and schedule of an
investigation.
		(Source: P.A. 89-507, eff. 7-1-97.) (210 ILCS 30/15) (from Ch. 111 1/2, par. 4175)Sec. 15. 
		
		The Long Term Care Facility Advisory Board established under
the Nursing Home Care Act shall conduct hearings and consult
with individuals of distinction in the fields of health, human services,
law and other appropriate areas in a continuing assessment of the problem
of resident abuse and neglect.  It shall advise and make recommendations
to the Department regarding improvements in the reporting, investigation
and follow-up systems and procedures established under this Act and regarding
the adequacy and availability of programs and services in the State to prevent
and respond to further incidents of resident abuse and neglect.
		(Source: P.A. 86-820.) (210 ILCS 30/16) (from Ch. 111 1/2, par. 4176)Sec. 16. 
		
		Within the appropriation available, the Department
shall conduct a continuing education and training program for  State and
local staff, persons and officials required to report, the general public,
and other persons engaged in or intending to engage in the prevention,
identification, and treatment of resident abuse and neglect. The program shall
be designed to encourage the fullest degree of reporting of known and
suspected resident abuse and neglect, and to improve communication,
cooperation, and coordination among all agencies in the identification,
prevention, and treatment of resident abuse and neglect.  The program shall
inform the general public and professionals of the nature and extent of
abuse and neglect and their  responsibilities, obligations, powers and
immunity from liability under this Act. It may include publicity and
dissemination of information on the existence and number of the 24 hour,
State-wide, toll-free telephone service to assist persons seeking
assistance and to receive reports of known and suspected abuse and neglect.
		(Source: P.A. 83-1530.)
(210 ILCS 32/1)Sec. 1. Short title. This Act may be cited as the Authorized Electronic Monitoring in Long-Term Care Facilities Act.
(Source: P.A. 99-430, eff. 1-1-16.) (210 ILCS 32/5)Sec. 5. Definitions.  As used in this Act:"Authorized electronic monitoring" means the placement and use of an electronic monitoring device by a resident in his or her room in accordance with this Act."Department" means the Department of Public Health."Electronic monitoring device" means a surveillance instrument with a fixed position video camera or an audio recording device, or a combination thereof, that is installed in a resident's room under the provisions of this Act and broadcasts or records activity or sounds occurring in the room."Facility" means an intermediate care facility for the developmentally disabled licensed under the ID/DD Community Care Act that has 30 beds or more, a facility licensed under the MC/DD Act, a long-term care facility licensed under the Nursing Home Care Act, or a facility that provides housing to individuals with dementia, as defined in Section 3 of the Alzheimer's Disease Assistance Act."Resident" means a person residing in a facility."Resident's representative" has the meaning given to that term in (1) Section 1-123 of the Nursing Home Care Act if the resident resides in a facility licensed under the Nursing Home Care Act, (2) Section 1-123 of the ID/DD Community Care Act if the resident resides in a facility licensed under the ID/DD Community Care Act, or (3) Section 1-123 of the MC/DD Act if the resident resides in a facility licensed under the MC/DD Act.
(Source: P.A. 101-160, eff. 7-26-19.) (210 ILCS 32/10)Sec. 10. Authorized electronic monitoring.(a) A resident shall be permitted to conduct authorized electronic monitoring of the resident's room through the use of electronic monitoring devices placed in the room pursuant to this Act.(b)  Nothing in this Act shall be construed to allow the use of an electronic monitoring device to take still photographs or for the nonconsensual interception of private communications.(c) A facility that houses dementia residents may allow electronic monitoring devices only in rooms:(1) that are located in a building that is entirely     dedicated to dementia care; or(2) that are located in a building wing that is     solely dedicated to dementia care. (Source: P.A. 101-160, eff. 7-26-19.) (210 ILCS 32/15)Sec. 15. Consent.(a) Except as otherwise provided in this subsection, a resident, a resident's plenary guardian of the person, or the parent of a resident under the age of 18 must consent in writing on a notification and consent form prescribed by the Department to the authorized electronic monitoring in the resident's room. If the resident has not affirmatively objected to the authorized electronic monitoring and the resident's physician determines that the resident lacks the ability to understand and appreciate the nature and consequences of electronic monitoring, the following individuals may consent on behalf of the resident, in order of priority:(1) a health care agent named under the Illinois     Power of Attorney Act;(2) a resident's representative, as defined in     Section 5 of this Act;(3) the resident's spouse;(4) the resident's parent;(5) the resident's adult child who has the written     consent of the other adult children of the resident to act as the sole decision maker regarding authorized electronic monitoring; or(6) the resident's adult brother or sister who has     the written consent of the other adult siblings of the resident to act as the sole decision maker regarding authorized electronic monitoring.(a-5) Prior to another person, other than a resident's plenary guardian of the person, consenting on behalf of a resident 18 years of age or older in accordance with this Section, the resident must be asked by that person, in the presence of a facility employee, if he or she wants authorized electronic monitoring to be conducted. The person must explain to the resident:(1) the type of electronic monitoring device to be     used;(2) the standard conditions that may be placed on the     electronic monitoring device's use, including those listed in paragraph (7) of subsection (b) of Section 20;(3) with whom the recording may be shared according     to Section 45; and(4) the resident's ability to decline all recording.For the purposes of this subsection,   a resident affirmatively objects when he or she orally, visually, or through the use of auxiliary aids or services declines authorized electronic monitoring.  The resident's response must be documented on the notification and consent form.(b) A resident  or roommate may consent to authorized electronic monitoring with any conditions of the resident's choosing, including, but not limited to, the list of standard conditions provided in paragraph (7) of subsection (b) of Section 20. A resident or roommate may request that the electronic monitoring device be turned off or the visual recording component of the electronic monitoring device be blocked at any time.(c) Prior to the authorized electronic monitoring, a
resident must obtain the written consent of any other resident
residing in the room on the notification and consent form prescribed by the Department.  Except as otherwise provided in this subsection, a roommate, a roommate's plenary guardian of the person, or the parent of a roommate under the age of 18 must consent in writing to the authorized electronic monitoring in the resident's room.  If the roommate has not affirmatively objected to the authorized electronic monitoring in accordance with subsection (a-5) and the roommate's physician determines that the roommate lacks the ability to understand and appreciate the nature and consequences of electronic monitoring, the following individuals may consent on behalf of the roommate, in order of priority:(1) a health care agent named under the Illinois     Power of Attorney Act;(2) a roommate's resident's representative, as     defined in Section 5 of this Act;(3) the roommate's spouse;(4) the roommate's parent;(5) the roommate's adult child who has the written     consent of the other adult children of the resident to act as the sole decision maker regarding authorized electronic monitoring; or(6) the roommate's adult brother or sister who has     the written consent of the other adult siblings of the resident to act as the sole decision maker regarding authorized electronic monitoring.(c-5) Consent by a roommate under subsection (c) authorizes the resident's use of any recording obtained under this Act, as provided in Section 45 of this Act.(c-7) Any resident previously conducting authorized electronic monitoring must obtain consent from any new roommate before the resident may resume authorized electronic monitoring.
If a new roommate does not consent to authorized electronic monitoring and the resident conducting the authorized electronic monitoring does not remove or disable the electronic monitoring device, the facility shall turn off the device.(d)  Consent may be withdrawn by the resident or roommate at any time, and the
withdrawal of consent shall be documented in the resident's
clinical record. If a roommate withdraws consent and the resident
conducting the authorized electronic monitoring does not
remove or disable the electronic monitoring device, the
facility may turn off the electronic monitoring device.(e) If a resident who is residing in a shared room wants to conduct authorized electronic monitoring and another resident living in or moving into the same shared room refuses to consent to the use of an electronic monitoring device, the facility shall make a reasonable attempt to accommodate the resident who wants to conduct authorized electronic monitoring. A facility has met the requirement to make a reasonable attempt to accommodate a resident who wants to conduct authorized electronic monitoring when upon notification that a roommate has not consented to the use of an electronic monitoring device in his or her room, the facility offers to move either resident to another shared room that is available at the time of the request.  If a resident chooses to reside in a private room in order to accommodate the use of an electronic monitoring device, the resident must pay the private room rate. If a facility is unable to accommodate a resident due to lack of space, the facility must reevaluate the request every 2 weeks until the request is fulfilled.
(Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17.) (210 ILCS 32/20)Sec. 20. Notice to the facility.(a) Authorized electronic monitoring may begin only after a notification and consent form prescribed by the Department has been completed and submitted to the facility.(b) A resident shall notify the facility in writing of his or her intent to install an   electronic monitoring device by providing a completed notification and consent form prescribed by the Department that must include, at minimum, the following information:(1) the resident's signed consent to electronic     monitoring or the signature of the person consenting on behalf of the resident in accordance with Section 15 of this Act; if a person other than the resident signs the consent form, the form must document the following:(A) the date the resident was asked if he or she         wants authorized electronic monitoring to be conducted in accordance with subsection (a-5) of Section 15;(B) who was present when the resident was asked;         and(C) an acknowledgement that the resident did not         affirmatively object; and(2) the resident's roommate's signed consent or the     signature of the person consenting on behalf of the resident in accordance with Section 15 of this Act, if applicable, and any conditions placed on the roommate's consent; if a person other than the roommate signs the consent form, the form must document the following:(A) the date the roommate was asked if he or she         wants authorized electronic monitoring to be conducted in accordance with subsection (a-5) of Section 15;(B) who was present when the roommate was asked;         and(C) an acknowledgement that the roommate did not         affirmatively object; and(3) the type of electronic monitoring device to be     used;(4) any installation needs, such as mounting of a     device to a wall or ceiling;(5) the proposed date of installation for scheduling     purposes;(6) a copy of any contract for maintenance of the     electronic monitoring device by a commercial entity;(7) a list of standard conditions or restrictions     that the resident or a roommate may elect to place on use of the electronic monitoring device, including, but not limited to:(A) prohibiting audio recording;(B) prohibiting broadcasting of audio or video;(C) turning off the electronic monitoring device         or blocking the visual recording component of the electronic monitoring device for the duration of an exam or procedure by a health care professional;(D) turning off the electronic monitoring device         or blocking the visual recording component of the electronic monitoring device while dressing or bathing is performed; and(E) turning the electronic monitoring device off         for the duration of a visit with a spiritual advisor, ombudsman, attorney, financial planner, intimate partner, or other visitor; and(8) any other condition or restriction elected by the     resident or roommate on the use of an electronic monitoring device.(c) A copy of the completed notification and consent form shall be placed in the resident's and any roommate's clinical record and a copy shall be provided to the resident and his or her roommate, if applicable.(d) The Department shall prescribe the notification and consent form required in this Section no later than 60 days after the effective date of this Act.  If the Department has not  prescribed such a form by that date, the Office of the Attorney General shall post a notification and consent form on its website for resident use until the Department has prescribed the form.


(Source: P.A. 99-430, eff. 1-1-16.) (210 ILCS 32/25)Sec. 25. Cost and installation.(a) A resident choosing to conduct authorized electronic monitoring must do so at his or her own expense, including paying purchase, installation, maintenance, and removal costs.(b) If a resident chooses to install an electronic monitoring device that uses Internet technology for visual or audio monitoring, that resident is responsible for contracting with an Internet service provider.(c) The facility shall make a reasonable attempt to accommodate the resident's installation needs, including, but not limited to, allowing access to the facility's telecommunications or equipment room. A facility has the burden of proving that a requested accommodation is not reasonable.(d) The electronic monitoring device must be placed in a conspicuously visible location in the room.(e) A facility may not charge the resident a fee for the cost of electricity used by an electronic monitoring device.(f) All electronic monitoring device installations and supporting services shall comply with the requirements of the edition of the National Fire Protection Association (NFPA) 101 Life Safety Code in force at the time of installation and shall remain in compliance with that or any subsequent edition of NFPA 101 enforced pursuant to Part 483 of Title 42 of the Code of Federal Regulations.
(Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17.) (210 ILCS 32/27)Sec. 27. Assistance program.(a) Subject to appropriation, the Department shall establish a program to assist residents receiving medical assistance under Article V of the Illinois Public Aid Code in accessing authorized electronic monitoring.(b) Subject to appropriation, the Department shall distribute up to $50,000 in funds on an annual basis to residents receiving medical assistance under Article V of the Illinois Public Aid Code for the purchase and installation of authorized electronic monitoring devices.(c) Applications for funds and disbursement of funds must be made in a manner prescribed by the Department.
(Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17.) (210 ILCS 32/30)Sec. 30. Notice to visitors.(a)  If a resident of a facility conducts authorized electronic monitoring, a sign shall be clearly and conspicuously posted at all building entrances accessible to visitors. The notice must be entitled "Electronic Monitoring" and must state, in large, easy-to-read type, "The rooms of some residents may be monitored electronically by or on behalf of the residents.".(b) A sign shall be clearly and conspicuously posted at the entrance to a resident's room where authorized electronic monitoring is being conducted.  The notice must state, in large, easy-to-read type, "This room is electronically monitored.".(c) The facility is responsible for installing and maintaining the signage required in this Section.
(Source: P.A. 99-430, eff. 1-1-16.) (210 ILCS 32/40)Sec. 40. Obstruction of electronic monitoring devices.(a) A person or entity is prohibited from knowingly hampering, obstructing, tampering with, or destroying an electronic monitoring device installed in a resident's room without the permission of the resident or the individual who consented on behalf of the resident in accordance with Section 15 of this Act.(b) A person or entity is prohibited from knowingly hampering, obstructing, tampering with, or destroying a video or audio recording obtained in accordance with this Act without the permission of the resident or the individual who consented on behalf of the resident in accordance with Section 15 of this Act.(c) A person or entity that violates this Section is guilty of a Class B misdemeanor. A person or entity that violates this Section in the commission of or to conceal a misdemeanor offense is guilty of a Class A misdemeanor. A person or entity that violates this Section in the commission of or to conceal a felony offense is guilty of a Class 4 felony.(d) It is not a violation of this Section if a person or facility turns off the electronic monitoring device or blocks the visual recording component of the electronic monitoring device at the direction of the resident or the person who consented on behalf of the resident in accordance with Section 15 of this Act.

(Source: P.A. 99-430, eff. 1-1-16.) (210 ILCS 32/45)Sec. 45. Dissemination of recordings.(a) A facility may not access any video or audio recording created through authorized electronic monitoring without the written consent of the resident or the person who consented on behalf of the resident in accordance with Section 15 of this Act.(b)  Except as required under the Freedom of Information Act, a recording or copy of a recording made pursuant to this Act may only be disseminated for the purpose of addressing concerns relating to the health, safety, or welfare of a resident or residents.(c) The resident or person who consented on behalf of the resident in accordance with Section 15 of this Act shall provide a copy of any video or audio recording to parties involved in a civil, criminal, or administrative proceeding, upon a party's request, if the video or audio recording was made during the time period that the conduct at issue in the proceeding allegedly occurred.
(Source: P.A. 99-430, eff. 1-1-16.) (210 ILCS 32/50)Sec. 50. Admissibility of evidence. Subject to applicable rules of evidence and procedure, any video or audio recording created through authorized electronic monitoring in accordance with this Act may be admitted into evidence in a civil, criminal, or administrative proceeding if the contents of the recording have not been edited or artificially enhanced and the video recording includes the date and time the events occurred. 
(Source: P.A. 99-430, eff. 1-1-16.) (210 ILCS 32/55)Sec. 55. Report.  Each facility shall report to the Department, in a manner prescribed by the Department, the number of authorized electronic monitoring notification and consent forms received annually. The Department shall report the total number of authorized electronic monitoring notification and consent forms received by facilities to the Office of the Attorney General annually. 
(Source: P.A. 99-430, eff. 1-1-16.) (210 ILCS 32/60)Sec. 60. Liability.(a) A facility is not civilly or criminally liable for the inadvertent or intentional disclosure of a recording by a resident or a person who consents on behalf of the resident for any purpose not authorized by this Act.(b) A facility is not civilly or criminally liable for a violation of a resident's right to privacy arising out of any electronic monitoring conducted pursuant to this Act.
(Source: P.A. 99-430, eff. 1-1-16.) (210 ILCS 32/65)Sec. 65. Rules.  The Department shall adopt rules necessary to administer and enforce any Section of this Act. Rulemaking shall not delay the full implementation of this Act.
(Source: P.A. 99-430, eff. 1-1-16; 99-784, eff. 1-1-17.) (210 ILCS 32/70)Sec. 70. (Amendatory provisions; text omitted).
(Source: P.A. 99-430, eff. 1-1-16; text omitted.) (210 ILCS 32/75)Sec. 75. (Amendatory provisions; text omitted).
(Source: P.A. 99-430, eff. 1-1-16; text omitted.) (210 ILCS 32/99)Sec. 99. Effective date. This Act takes effect January 1, 2016.
(Source: P.A. 99-430, eff. 1-1-16.)
(210 ILCS 34/Art. 3 heading) 
Article 3.
(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/3-1)Sec. 3-1. Short title. This Act may be cited as the Illinois Certified Community Behavioral Health Clinics Act.
(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/3-5)Sec. 3-5. Certified Community Behavioral Health Clinic program. The Department of Healthcare and Family Services, in collaboration with the Department of Human Services and with meaningful input from customers and key behavioral health stakeholders, shall develop a Comprehensive Statewide Behavioral Health Strategy and shall submit this Strategy to the Governor and General Assembly no later than July 1, 2022. The Strategy shall address key components of current and past legislation as well as current initiatives related to behavioral health services in order to develop a cohesive behavioral health system that reduces the administrative
burden for customers and providers and includes: (i)  comprehensive home and community-based services; (ii) integrated mental health, substance use disorder, and physical health services, and social determinants of health; and (iii) innovative payment models that support providers in offering integrated services that are clinically effective and fiscally supported. The Strategy shall consolidate required pilots and initiatives into a cohesive behavioral health system designed to serve both adults and children in the least restrictive setting, as early as possible, once behavioral health needs have been identified, and through evidence-informed practices identified by the Substance Abuse and Mental  Health Services Administration (SAMHSA) and other national experts. The Strategy shall take into consideration initiatives such as the Healthcare Transformation Collaboratives program; integrated health homes; services offered under federal Medicaid waiver authorities, including Sections 1915(i) and 1115 of the Social Security Act; requirements for certified community behavioral health centers; enhanced team-based services; housing and employment supports; and other initiatives identified by customers and stakeholders. The Strategy shall also identify the proper capacity for residential and institutional services while emphasizing serving customers in the community.As part of the Strategy development process, by January 1, 2022 the Department of Healthcare and Family Services shall establish a program for the implementation of certified community behavioral health clinics. Behavioral health services providers that received federal grant funding from SAMHSA for the implementation of certified community behavioral health clinics prior to July 1, 2021 shall be eligible to participate in the program established in accordance with this Section.
(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 5 heading) 
Article 5.
(Amendatory provisions; text omitted.)(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 10 heading) 
Article 10.
(Amendatory provisions; text omitted.)(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 15 heading) 
Article 15.
(Amendatory provisions; text omitted.)(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 20 heading) 
Article 20.
(Amendatory provisions; text omitted.)(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 25 heading) 
Article 25.
(Amendatory provisions; text omitted.)(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 30 heading) 
Article 30.
(Amendatory provisions; text omitted.)(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 35 heading) 
Article 35.
(Amendatory provisions; text omitted.)(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 45 heading) 
Article 45.
(Amendatory provisions; text omitted.)(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 55 heading) 
Article 55.
(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/55-5)Sec. 55-5. (Amendatory provisions; text omitted).
(Source: P.A. 102-43, eff. 7-6-21; text omitted.) (210 ILCS 34/55-10)Sec. 55-10. (Amendatory provisions; text omitted).
(Source: P.A. 102-43, eff. 7-6-21; text omitted.) (210 ILCS 34/55-15)Sec. 55-15. The All-Inclusive Care for the Elderly Act is amended by repealing Section 30.
(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 65 heading) 
Article 65.
(Amendatory provisions; text omitted.)(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 70 heading) 
Article 70.
(Amendatory provisions; text omitted.)(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 75 heading) 
Article 75.
(Amendatory provisions; text omitted.)(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 80 heading) 
Article 80.
(Amendatory provisions; text omitted.)(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 85 heading) 
Article 85.
(Amendatory provisions; text omitted.)(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 90 heading) 
Article 90.
(Amendatory provisions; text omitted.)(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 95 heading) 
Article 95.
(Amendatory provisions; text omitted.)(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 105 heading) 
Article 105.
(Amendatory provisions; text omitted.)(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/Art. 999 heading) 
Article 999.
(Source: P.A. 102-43, eff. 7-6-21.) (210 ILCS 34/999-99)Sec. 999-99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 102-43, eff. 7-6-21.)
(210 ILCS 35/1) (from Ch. 111 1/2, par. 4181)Sec. 1. 
		Purpose. 
		The purpose of this Act is to authorize the Department
of Public Health to license Community Living Facilities using standards
appropriate to this type of residential setting.  The Community Living Facility
is a transitional residential setting which provides guidance, supervision,
training and other assistance to persons with a mild or moderate developmental
disability with the goal of eventually moving these persons into more
independent living arrangements.  The Act authorizes the Department of Public
Health to establish minimum standards, rules and regulations consistent
with the philosophy and purpose of Community Living Facilities while insuring
the protection of residents' rights and general welfare.
		(Source: P.A. 88-380.) (210 ILCS 35/2) (from Ch. 111 1/2, par. 4182)Sec. 2. 
		Short title. 
		This Act shall be known and may be cited as the
"Community Living
Facilities Licensing Act".
		(Source: P.A. 82-567.) (210 ILCS 35/3) (from Ch. 111 1/2, par. 4183)Sec. 3. 
		Definitions. 
		As used in this Act, unless the context otherwise
requires, the terms defined in this Section have the meanings ascribed to them
herein.(1) "Adult" means a person 18 years of age or older.(2) "Applicant" means any person, agency, association, corporation,
partnership, or organization making application for a license.(3) "Appropriate programming" means programming which meets each resident's
individual needs commensurate with his functioning level.(4) "Community Living Facility" means a transitional residential setting
which provides guidance, supervision, training and other assistance to
ambulatory or mobile adults with a mild or moderate developmental disability
with the goal of eventually moving these persons to more independent living
arrangements.  Residents are required to participate in day activities, such as
vocational training, sheltered workshops or regular employment.  A Community
Living Facility shall not be a nursing or medical facility and shall house no
more than 20 residents, excluding staff.(5) "Department" means the Department of Public Health.(6) "Director" means the Director of the Department of Public Health.(7) "Habilitation plan" means a written plan as defined in the "Mental
Health and Developmental Disabilities Code of 1979", as now or hereafter
amended.(8) "License" means any of the following types of licenses issued to an
applicant or licensee by the Department:(a) "Probationary license" means a license issued to     an applicant or licensee which has not held a license contiguous to its application.(b) "Regular license" means a license issued to an     applicant or licensee which is in substantial compliance with this Act and any rules and regulations promulgated hereunder.(9) "Licensee" means a person, agency, association, corporation,
partnership, or organization which has been issued a license to operate a
Community Living Facility.(10) "Owner" means the individual, partnership, corporation, association
or other person who owns a Community Living Facility.  In the event a
Community Living Facility is operated by a person who leases the physical
plant, which is owned by another person, "owner" means the person who operates
the Community Living Facility, except that if the person who owns the physical
plant is an affiliate of the person who operates the Community Living Facility
and has significant control over the day-to-day operations of the Community
Living Facility, the person who owns the physical plant shall incur jointly and
severally with the owner all liabilities imposed on an owner under this Act.(11) "Plan of correction" means a written plan submitted to the Department
for violation of this Act or of rules promulgated hereunder which are cited
by the Department. The plan shall describe the steps that will be taken
in order to bring the Community Living Facility into compliance and the
time-frame for completion of each step.(12) "Qualified surveyor" means any individual or any governmental agency
designated by the Department to survey Community Living Facilities for
compliance with this Act and the rules and regulations promulgated under this
Act.(13) "Resident" means a person residing in a Community Living Facility
pursuant to this Act.(14) "Support services" means those services provided to residents in
order to facilitate their integration into the community and to improve
their level of functioning, independence and self-respect.
		(Source: P.A. 88-380.) (210 ILCS 35/4) (from Ch. 111 1/2, par. 4184)Sec. 4. 
		Department's powers and duties. 
		The Director of the Department
shall establish a system of licensure for Community Living Facilities, in
accordance with this Act, for the purposes of:(1) Protecting the health, welfare and safety of residents;(2) Insuring the provision of appropriate programming and support services
for residents to promote their independence, personal growth, self-respect
and ability to function in a more independent living arrangement;(3) Insuring that the sites selected for Community Living Facilities
enable residents to participate in community activities;(4) Protecting residents' rights;(5) Maintaining the integrity of communities by requiring regular monitoring
 and inspection of Community Living Facilities; insuring that minimum program
and physical plant standards are maintained; and prohibiting the concentration
of Community Living Facilities in residential neighborhoods.
		(Source: P.A. 82-567.) (210 ILCS 35/5) (from Ch. 111 1/2, par. 4185)Sec. 5. 
		Licensing standards. 
		The Department shall promulgate rules
and regulations establishing minimum standards for licensing of Community
Living Facilities.  These rules shall regulate:(1) The location of Community Living Facilities. These provisions shall
insure that the Community  Living Facilities are in appropriate neighborhoods
and shall prohibit concentration of these housing programs in communities.(2) The operation and conduct of Community Living Facilities.(3) The general financial ability, competence, character and qualifications
of the applicant to provide appropriate care and comply with this Act.(4) The appropriateness, safety, cleanliness and general adequacy of the
premises, including maintenance of adequate fire protection and health standards,
conforming to State laws and municipal codes, to provide for the physical
comfort, well-being, care and protection of the residents.(5) The number, character, training and qualifications of personnel directly
responsible for the residents.(6) Provisions for food, clothing, educational opportunities, social activities,
home furnishings and personal property to insure the healthy physical, emotional
and mental development of residents.(7) Implementation of habilitation plans for each resident.(8) Provisions for residents to receive appropriate programming and support
services commensurate with their individual needs, and to participate in
decisions regarding their use of programs and support services.Such services should include educational opportunities, vocational training
and other day activities aimed at promoting independence and improving basic
living skills.(9) Provisions and criteria for admission, discharge and transfers at
Community Living Facilities.(10) Provisions specifying the role and responsibilities of residents
for upkeep of their rooms and the overall maintenance and care of the Community
Living Facilities. These provisions shall allow the residents to participate
in normal, daily activities
associated with community living.(11) Provisions to insure that residents are notified of their legal rights,
as defined in the rules promulgated pursuant to subsection (12) of this
Section and to assist them in exercising these rights. Upon admission to
a Community Living Facility, residents shall be provided a copy of their
rights and related
rules, regulations and policies, and the name, address and telephone number
of the Guardianship and Advocacy Commission.(12) Resident rights, which shall include, but need not be limited to,
those guaranteed by the "Mental Health and Developmental Disabilities Code", as
amended.(13) Maintenance of records pertaining to the admission, habilitation,
and discharge of residents, and to the general operation of Community Living
Facilities.
		(Source: P.A. 82-567.) (210 ILCS 35/5.5)Sec. 5.5. Closed captioning required. A Community Living Facility licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a resident's room, or enable the closed captioning feature when requested to do so by a member of the general public or a resident, if the television includes a closed captioning feature.It is not a violation of this Section if the closed captioning feature is deactivated by a member of the Community Living Facility's staff after such feature is enabled in a common area or in a resident's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a resident, or a member of the Community Living Facility's staff at the request of a resident of the Community Living Facility licensed under this Act.If a Community Living Facility licensed under this Act does not have a television in a common area that includes a closed captioning feature, then the Community Living Facility licensed under this Act must ensure that all televisions obtained for common areas after January 1, 2020 (the effective date of Public Act 101-116) include a closed captioning feature. This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law. Nothing in this Section shall apply to televisions that are privately owned by a resident or third party and not owned by the Community Living Facility.As used in this Section, "closed captioning"  means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.
(Source: P.A. 101-116, eff. 1-1-20; 102-558, eff. 8-20-21.) (210 ILCS 35/5.10)Sec. 5.10. Community Living Facility employee assistance programs. A Community Living Facility shall ensure that licensed health care professionals employed by the Community Living Facility are aware of employee assistance programs or other like programs available for the physical and mental well-being of the employee.  The Community Living Facility shall provide information on these programs, no less than at the time of employment and during any benefit open enrollment period, by an information form about the respective programs that a licensed health care professional must sign during onboarding at the Community Living Facility.  The signed information form shall be added to the licensed health care professional's personnel file.  The Community Living Facility may provide this information to licensed health care professionals electronically. 
(Source: P.A. 102-1007, eff. 1-1-23.) (210 ILCS 35/6) (from Ch. 111 1/2, par. 4186)Sec. 6. 
		Operation without a license. 
		(1) Any person, agency, association,
corporation, partnership, or organization which operates a Community Living
Facility without a valid license from the Department is guilty of a business
offense and shall be fined an amount in excess of $500 but not exceeding
$10,000, and each day of violation is a separate violation.  If the Department
determines that a Community Living Facility is operating without a valid
license, it shall
report the results of its investigation to the Attorney General or to the
appropriate State's Attorney for prosecution.(2) No State or federal funds which are appropriated by the General Assembly
or which pass through the General Revenue or any special fund in the State
Treasury shall be paid to a Community Living Facility not having a license
issued under this Act.
		(Source: P.A. 82-567.) (210 ILCS 35/7) (from Ch. 111 1/2, par. 4187)Sec. 7. 
		Issuance of licenses. 
		All Community Living Facilities shall
be licensed by the Department.  The procedures for obtaining a valid license
are as follows:(1) Application for a license shall be made on forms provided and in the
manner prescribed by the Department. All applications shall be accompanied
by an application fee of $200.(2) Upon receipt of an application filed in proper order, the Department
shall review the application and shall make an on-site evaluation of the
 proposed Community Living Facility.(3) The evaluation shall be conducted by a qualified surveyor representing
the Department.  The Department may request that a representative from the
Department of Human Services accompany the Department's surveyor.(4) The Department may request assistance or advice from other State and
local governmental or private entities in the inspection process, including,
but not limited to the Department of Human Services and the State Fire Marshal.(5) If the Department has determined on the basis of available documentation
that the Community Living Facility is in substantial compliance with this Act
and rules and regulations promulgated under this Act, it shall issue a
probationary license.  Such license shall be valid for a period not to exceed 6
months from the date of issuance.  Within 30 days prior to the expiration of
the probationary license, a qualified surveyor representing the Department
shall conduct an on-site final evaluation.  If, at the time of the final
evaluation the Community Living Facility is in substantial compliance with this
Act, the Department shall issue a regular license which replaces the
probationary license.(6) As a condition of the issuance or renewal of a license, the applicant
or licensee shall file a statement of ownership, which shall be public
information
and which shall be available from the Department.  The statement of ownership
shall include:  the name, address, telephone number, occupation, or business
activity, business address and business telephone number of the person who
is the owner of the Community Living Facility and every person who owns
the building in which the Community Living Facility is located, if other
than the owner of the Community Living Facility; the name of every partner
and stockholder of the owner if the owner is a partnership or corporation;
and, the address of any facility, wherever located, any financial interest
in which is owned by the applicant or licensee, if the
facility were required to be licensed if it were located in this State.
		(Source: P.A. 89-507, eff. 7-1-97.) (210 ILCS 35/8) (from Ch. 111 1/2, par. 4188)Sec. 8. 
		Departmental inspection. 
		(1) The Department may inspect the
records and premises of a Community Living Facility whenever the Department
determines appropriate.(2) The Department shall investigate all reports of violation received
from any other governmental entity which also has monitoring responsibility
 for Community Living Facilities.(3) If the Department determines that a Community Living Facility is not
in compliance with this Act or the rules and regulations promulgated under
this Act, the Department shall promptly serve a notice of violation upon
the licensee. Each notice of violation shall be prepared in writing and
shall specify the nature of the violation, the statutory provision or rule
alleged to have been violated, and the requirement that the licensee submit
a plan of correction to the Department. The notice shall also inform the
licensee of any other action which the Department might take pursuant to
this Act and of his right to a hearing under subsection (1) of Section 12 of this Act.
		(Source: P.A. 82-567.) (210 ILCS 35/8.5)Sec. 8.5. Fire inspections; authority.(a) Per the requirements of Public Act 96-1141, on January 1, 2011 a report titled "Streamlined Auditing and Monitoring for Community Based Services: First Steps Toward a More Efficient System for Providers, State Government, and the Community" was provided for members of the General Assembly.  The report, which was developed by a steering committee of community providers, trade associations, and designated representatives from the Departments of Children and Family Services, Healthcare and Family Services, Human Services, and Public Health, issued a series of recommendations, including recommended changes to Administrative Rules and Illinois statutes, on the categories of deemed status for accreditation, fiscal audits, centralized repository of information, Medicaid, technology, contracting, and streamlined monitoring procedures.  It is the intent of the 97th General Assembly to pursue implementation of those recommendations that have been determined to require Acts of the General Assembly.(b) For facilities licensed under this Act, the Office of the State Fire Marshal shall provide the necessary fire inspection to comply with licensing requirements. The Office of the State Fire Marshal may enter into an agreement with another State agency to conduct this inspection if qualified personnel are employed by that agency. Code enforcement inspection of the facility by the local authority shall only occur if the local authority  having jurisdiction enforces code requirements that are more stringent than those enforced by the State Fire Marshal. Nothing in this Section shall prohibit a local fire authority from conducting fire incident planning activities.
(Source: P.A. 97-321, eff. 8-12-11.) (210 ILCS 35/9) (from Ch. 111 1/2, par. 4189)Sec. 9. Regular licenses.(1) A regular license shall be valid for
a one-year period from the date of authorization. A license is not
transferable.(2) Within 120 to 150 days prior to the date of expiration of the license,
the licensee shall apply to the Department for renewal of the license. The
procedure for renewing a valid license for a Community Living Facility shall
be the same as for applying for the initial license, pursuant to subsections
(1) through (4) of Section 7 of this Act. If the Department has determined
on the basis of available documentation that the Community Living Facility
is in substantial compliance with this Act and the rules promulgated under
this Act,
and has provided to the Department an accurate disclosure document in
accordance with the Alzheimer's Disease and Related Dementias Special Care Disclosure Act,
it shall renew the regular
license for another one-year period.(3) Whenever ownership of a facility is transferred from the licensee to
any other person, agency, association, corporation, partnership, or
organization,
the transferee must obtain a new probationary license. The transferee 
shall notify the Department of the transfer and apply for a new license
at least 30 days prior to final transfer. The requirement for an on-site
inspection in  Section 7 may be waived if the Department has conducted a survey
of the Community Living Facility within the past 60 days and the survey
disclosed substantial compliance with this Act and rules and regulations
promulgated hereunder.
(Source: P.A. 98-756, eff. 7-16-14.) (210 ILCS 35/10) (from Ch. 111 1/2, par. 4190)Sec. 10. 
		Procedures for filing a complaint. 
		(1) Any person, agency,
association or governmental
body may file a complaint with the Department alleging that a Community
Living Facility is in violation of this Act or of the rules and regulations
promulgated pursuant to this Act.(2) The Department may conduct an investigation in order to determine
if the Community Living Facility is in compliance.  If, based on the results of
its investigation, the Department determines that the Community Living Facility
is not in compliance, it shall promptly serve a notice of violation upon
the licensee.  Such notice of violation shall comply with the requirements
described in subsection (3) of Section 8 of this Act. The Department may
notify the complainant of its findings.(3) The complaint, a copy of the complaint, or a record published, released
or otherwise disclosed to the Community Living Facility shall not disclose
the name of the complainant unless the complainant consents in writing to
the disclosure or the investigation results in a judicial proceeding, or
unless disclosure is essential to the investigation.(4) A licensee or its agents shall not transfer, discharge, evict, harass,
dismiss, or retaliate against a resident or an employee or agent who files
a complaint under this Section 10 or who testifies under Section 12 of this
Act because of the complaint or testimony.(5) Any person participating in good faith in the making of a complaint,
or in the investigation of such a complaint shall not be deemed to have violated
any privileged communication and shall have immunity from any liability,
civil, criminal or that otherwise might result as a consequence of making
such a complaint. The good faith of any persons making a complaint or participating
in the investigation of such a complaint shall be presumed.(6) The owner and licensee are liable to a resident for any intentional
or negligent act or omission of their agents or employees which injures
the resident.  In addition, the licensee shall pay actual damages, or $500,
whichever is greater, and costs and attorney's fees to a resident whose
rights under this Act or under rules and regulations promulgated hereunder are violated.
		(Source: P.A. 82-567.) (210 ILCS 35/11) (from Ch. 111 1/2, par. 4191)Sec. 11. Grounds for denial or revocation of a license. The Department
may deny or begin proceedings to revoke a license if the applicant or licensee
has been convicted of a felony or 2 or more misdemeanors involving moral
turpitude, as shown by a certified copy of the court of conviction; if the
Department determines after investigation that such person has not been
sufficiently rehabilitated to warrant the public trust; or upon other satisfactory
evidence that the moral
character of the applicant or licensee is not reputable. In addition, the
Department may deny or begin proceedings to revoke a license at any time
if the licensee:(1) Submits false information either on Department     licensure forms or during an inspection;(2) Refuses to allow an inspection to occur;(3) Violates this Act or rules and regulations     promulgated under this Act;(4) Violates the rights of its residents;(5) Fails to submit or implement a plan of correction     within the specified time period; or(6) Fails to submit a workplace violence prevention     plan in compliance with  the Health Care Workplace Violence Prevention Act.					(Source: P.A. 94-347, eff. 7-28-05.) (210 ILCS 35/12) (from Ch. 111 1/2, par. 4192)Sec. 12. 
		Right to hearing. 
		(1) No license may be denied or revoked
 unless the applicant or licensee is given written notice of the grounds
for the Department's action.  The applicant or licensee may appeal the Department's
proposed action within 15 days after receipt of the Department's written
notice by making written request to the Department for a hearing.  Notice
of the time, place, and nature of the hearing shall be given to the applicant
or licensee not less than 2 weeks prior to the date of the hearing.  The
hearing shall proceed, and the notice shall be delivered, in accordance
with "The Illinois Administrative Procedure Act", approved September 22,
1975, as now or hereafter amended. The Director may appoint a hearing examiner
to preside at any administrative hearing under this Act.(2) If the applicant or licensee does not submit a request for a hearing
as provided for in this Section, or if after conducting the hearing the
Department determines that the license should not be issued, or that the
license should be revoked or denied, the Department shall issue an order
to that effect. If the order is to revoke the license, it shall
specify that the order takes effect upon receipt by the licensee, and that
the Community Living Facility shall not operate during the pendency of any
proceeding for judicial review of the Department's decision, except under court order.(3) Final administrative decisions shall be subject to judicial
review exclusively as provided in the Administrative Review Law, as now
or hereafter amended, except that any petition for judicial review of Department
action under this Act shall be filed within 15 days after receipt of notice
of the final agency determination. The term "administrative
decision" has the meaning ascribed to it in Section 3-101 of the Code of
Civil Procedure. The court may
stay enforcement of the Department's final decision
if a showing is made that there is a substantial probability that the party
seeking review will prevail on the merits and will suffer irreparable harm
if the stay is not granted, and that the facility will meet the requirements
of this Act and the rules and regulations promulgated under this Act during such stay.(4) The Director or hearing officer may compel by subpoena or subpoena
duces tecum the attendance and testimony of witnesses and the production
of books and papers, and administer oaths to witnesses.All subpoenas issued by the Director or hearing officer may be served as
provided for in civil actions. The fees of witnesses for attendance and
travel shall be the same as the fees for witnesses before the circuit court
and shall be paid by the party to such proceeding at whose request the subpoena
is issued. If such subpoena is issued at the request of the Department or
by a person proceeding in forma pauperis the witness fee shall be paid by
the Department as an administrative expense.
		(Source: P.A. 82-783.) (210 ILCS 35/13) (from Ch. 111 1/2, par. 4193)Sec. 13. 
		Grounds for immediate closure. 
		Any situation that exists at
a Community Living Facility which may result in serious mental, psychological
or physical harm to residents shall be abated or eliminated immediately.
If the Department determines that such a situation exists and that proper
measures to remedy the situation are not being taken, it shall immediately
issue an order of closure and withdraw the residents and, with assistance
from the Department of Human Services, place them in another residential
setting prior to a hearing.
Any such action by the Department shall be included in the evidence presented
at the hearing.  At the time of such action the Department shall begin license
revocation proceedings, and the licensee shall retain the right to a hearing as
described in Section 12.
		(Source: P.A. 89-507, eff. 7-1-97.) (210 ILCS 35/14) (from Ch. 111 1/2, par. 4194)Sec. 14. 
		Closure of a Community Living Facility. 
		If, at any time, a
licensee determines that he will terminate the operation of a Community
Living Facility which is licensed pursuant to this Act, he shall notify
the Department of this decision at least 60 days prior to the date of closure.When the Department is notified of a pending closure of a Community Living
Facility, it shall immediately contact the Department of Human Services for
assistance in identifying other appropriate
residential settings.  The Department shall review these options with the
residents before making the transfer.
		(Source: P.A. 89-507, eff. 7-1-97.) (210 ILCS 35/15) (from Ch. 111 1/2, par. 4195)Sec. 15. 
		Injunction. 
		The operation or maintenance of a Community Living
Facility in violation of this Act, or of rules and regulations promulgated
under this Act, is declared a public nuisance inimical to the public welfare.
 The Director in the name of the people of the State, through the Attorney
General, or the State's Attorney of the county in which the facility is
located, may, in addition to other remedies herein provided, bring action
for an injunction to restrain such violation or to enjoin the future operation
or maintenance of any such Community Living Facility.
		(Source: P.A. 82-567.) (210 ILCS 35/16) (from Ch. 111 1/2, par. 4196)Sec. 16. 
		Savings Provision. 
		Nothing in this Act shall be construed
to affect the outcome of any actions pending before or on the effective
date of this Act.
		(Source: P.A. 82-567.) (210 ILCS 35/18) (from Ch. 111 1/2, par. 4197)Sec. 18. 
		
		Community Living Facilities currently licensed or having made
application. Community Living Facilities currently operating with licenses
issued under the "Nursing Home Care Act", approved August 23, 1979, as amended,
or having made application to the Department for licenses as of March 31, 1982,
under the "Nursing Home Care Act" or under this Act shall be issued
probationary licenses when this Act becomes effective and shall be eligible for
licensure as a Community Living Facility as defined under Section 3 of this
Act, except that such facilities shall not be limited to 20 residents as
provided under Section 3. Such facilities shall be limited to those number of
beds above 20, not to exceed 80, licensed or applied for within the year
immediately preceding March 31, 1982.  In addition, any facility otherwise
meeting the definition of a Community Living Facility in Section 3 of this Act
which was licensed and was serving adults with a severe and profound
developmental disability as well as adults with a mild or moderate
developmental disability as of January 1, 1986, may continue to provide
services to these adults with severe and profound developmental disabilities,
provided that such facility complies with any special conditions which may be
set by the Department for such services.
		(Source: P.A. 88-380.)
(210 ILCS 4/1)Sec. 1. Short title. This Act may be cited as the Alzheimer's Disease and Related Dementias Special Care Disclosure Act.
(Source: P.A. 96-990, eff. 7-2-10.) (210 ILCS 4/5)Sec. 5. Legislative purpose. This Body finds it to be in the public
interest to promote the highest standard of medical care currently available to
people suffering from Alzheimer's disease and related dementias without restricting the future
implementation of treatment options that may  become available through
ongoing research.  It is further in the public interest to protect consumers
from
false claims of specialized care of Alzheimer's disease and related dementias.
Therefore, the General Assembly declares it to be the purpose of this Act to
require health care facilities
offering specialized care in the treatment of Alzheimer's disease and related dementias to fully
inform the public regarding the facility and program of care.
(Source: P.A. 96-990, eff. 7-2-10.) (210 ILCS 4/10)Sec. 10. Facility defined. As used in this Act, "facility"
means a facility licensed or permitted under the Nursing Home Care Act, the
Life Care Facility Act, the Assisted Living and Shared Housing
Act, the Community Living Facilities Licensing Act, or
subsection (a-20) of Section 30 of the Alternative Health Care Delivery Act, or a facility designated as a supportive living facility under Section 5-5.01a of the Illinois Public Aid Code.
(Source: P.A. 96-770, eff. 1-1-10.) (210 ILCS 4/15)Sec. 15. Disclosure requirements. A facility that offers to provide care
for persons with Alzheimer's disease and related dementias through an Alzheimer's special
care unit or
center shall disclose to the State agency responsible for licensing or permitting
the
facility and to a potential or actual client of the facility or such a client's representative the following
information in writing:(1) the form of care or treatment that distinguishes     the facility as suitable for persons with Alzheimer's disease and related dementias;(2) the philosophy of the facility concerning the     care or treatment of persons with Alzheimer's disease and related dementias;(3) the facility's pre-admission, admission, and     discharge procedures;(4) the facility's assessment, care planning, and     implementation guidelines in the care and treatment of persons with Alzheimer's disease and related dementias;(5) the facility's minimum and maximum staffing     ratios, specifying the general licensed health care provider to client ratio and the trainee health care provider to  client ratio;(6) the facility's physical environment;(7) activities available to clients at the facility;(8) the role of family members in the care of clients     at the facility; and(9) the costs of care and treatment under the program     or at the center.(Source: P.A. 96-770, eff. 1-1-10; 96-990, eff. 7-2-10.) (210 ILCS 4/20)Sec. 20. 
A facility that offers to provide care for persons with
Alzheimer's disease and related dementias through an Alzheimer's special care unit or
center shall,
within 180 days of the effective date of this Act, provide to the State agency
responsible for licensing or permitting the facility the disclosure document
prepared
by a facility
in accordance with Section 15.  The State agency shall review the
document for accuracy as part of the license or permit renewal requirements
under the appropriate Act.
(Source: P.A. 96-990, eff. 7-2-10.) (210 ILCS 4/25)Sec. 25. 
		Penalties. 
		A facility that violates a provision of this Act
shall
be guilty of a business offense, subject to a fine not to exceed $500 for a
first offense and a fine not to exceed $1,000 for a second or subsequent
offense.
		(Source: P.A. 90-341, eff. 1-1-98.) (210 ILCS 4/60)Sec. 60. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 90-341, eff. 1-1-98; text omitted.) (210 ILCS 4/65)Sec. 65. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 90-341, eff. 1-1-98; text omitted.) (210 ILCS 4/70)Sec. 70. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 90-341, eff. 1-1-98; text omitted.)
(210 ILCS 40/1) (from Ch. 111 1/2, par. 4160-1)Sec. 1. 
		This Act shall be known and may be cited as the "Life Care Facilities Act". 
		(Source: P.A. 82-547.) (210 ILCS 40/2) (from Ch. 111 1/2, par. 4160-2)Sec. 2. As used in this Act, unless the context otherwise requires:(a) "Department" means the Department of Public Health.(b) "Director" means the Director of the Department.(c) "Life care contract" means a contract to provide to a person for the
duration of such person's life or for a term in excess of one year, nursing
services, medical services or personal care services, in addition to
maintenance
services for such person in a facility, conditioned upon the transfer of
an entrance fee to the provider of such services in addition to or in lieu
of the payment of regular periodic charges for the care and services involved.(d) "Provider" means a person who provides services pursuant to a life care contract.(e) "Resident" means a person who enters into a life care contract with
a provider, or who is designated in a life care contract to be a person provided
with maintenance and nursing, medical or personal care services.(f) "Facility" means a place or places in which a provider undertakes
to provide a resident with nursing services, medical services or personal
care services, in addition to maintenance services for a term in excess of
one year or for life pursuant to a life care contract.  The term also
means a place or places in which a provider undertakes to provide such
services to a non-resident.(g) "Living unit" means an apartment, room or other area within a facility
set aside for the exclusive use of one or more identified residents.(h) "Entrance fee" means an initial or deferred transfer to a provider
of a sum of money or property, made or promised to be made by a person entering
into a life care contract, which assures a resident of services pursuant
to a life care contract.(i) "Permit" means a written authorization to enter into life care contracts
issued by the Department to a provider.(j) "Medical services" means those services pertaining to medical or dental
care that are performed in behalf of patients at the direction of a physician
licensed under the Medical Practice Act of 1987 or a dentist licensed under the
Illinois Dental Practice Act by such physicians or dentists, or
by a registered or
licensed practical nurse as defined in the Nurse Practice Act
						
or by
other professional and technical personnel.(k) "Nursing services" means those services pertaining to the curative,
restorative and preventive aspects of nursing care that are performed at
the direction of a physician licensed under the Medical Practice Act of 1987 by
or under the supervision of a registered or licensed practical nurse as
defined in the Nurse Practice Act.(l) "Personal care services" means assistance with meals, dressing,
movement,
bathing or other personal needs or maintenance, or general supervision and
oversight of the physical and mental well-being of an individual, who is
incapable of maintaining a private, independent residence or who is incapable
of managing his person whether or not a guardian has been appointed for
such individual.(m) "Maintenance services" means food, shelter and laundry services.(n) "Certificates of Need" means those permits issued pursuant to the
Illinois Health Facilities Planning Act as now or hereafter amended.(o) "Non-resident" means a person admitted to a facility who has not
entered into a life care contract.
					(Source: P.A. 95-639, eff. 10-5-07.) (210 ILCS 40/3) (from Ch. 111 1/2, par. 4160-3)Sec. 3. 
		
		After July 1, 1982, no person may enter into a life care
contract as a provider, or as a provider extend the term of an existing life
care contract except pursuant to a permit obtained in accordance with this Act.
		(Source: P.A. 82-547.) (210 ILCS 40/4) (from Ch. 111 1/2, par. 4160-4)Sec. 4. 
		
		To qualify for a permit to enter into life care contracts with
respect to any facility, a person shall file an application for a permit
with the Department on permit application forms provided by the Department
and shall attach to the application as an exhibit a copy of the proposed
form of life care contract to be entered into with residents at
that facility.  All applications shall be accompanied by a copy of the
Letter of Credit or Escrow Agreement as provided
by Section 7 of this Act and by a permit application fee of
$100.  The application shall be signed under oath by the applicant, and
if the applicant is other than an individual the application shall be signed
under oath by the chief executive officer of the applicant.
		(Source: P.A. 85-1349.) (210 ILCS 40/5) (from Ch. 111 1/2, par. 4160-5)Sec. 5. 
		
		(a) At the time of or prior to the execution of a life care
contract and the transfer of any money or other property to a provider or
escrow agent, the provider shall deliver to the resident a copy of a financial
disclosure statement reflecting the provider's financial condition.  This
statement shall include, but not be limited to, disclosure of short term
assets and liabilities.(b) The life care contract shall provide that any person entering into
the contract shall have a period of 14 days beginning with the first full
calendar day following the execution of the contract, or the payment of
an initial sum of money as a deposit or application fee, or receipt of the
financial disclosure statement, whichever occurs last, within which to rescind
the life care contract without penalty or further obligation.  In the event
of such rescission, all money or property paid or transferred by such person
shall be fully refunded.  No person shall be required to move into a facility
until after the expiration of the 14 day rescission period.  No permit shall
be issued under this Act if the form of life care contract attached as an
exhibit in support of the application for permit as provided in Section
4 does not contain the provisions required by this paragraph (b).
		(Source: P.A. 82-547.) (210 ILCS 40/6) (from Ch. 111 1/2, par. 4160-6)Sec. 6. 
Upon receipt of the completed application and exhibits and
payment of the fee by the applicant, and proof of compliance by the applicant
with the provisions of Section 7, the Director shall issue a permit to the
provider, subject to the conditions imposed pursuant to Section 7,
allowing the provider to enter into life care contracts with respect to
the number of living units and facility described in the application.A permit issued pursuant to this Act shall remain in full force, subject
to the provisions of this Act, and shall contain in a prominent location
a statement that the issuance of such permit neither constitutes approval,
recommendation or endorsement by the Department or Director nor evidences
the accuracy or completeness of the information furnished to the Department.
A permit may be revoked by the Department if the facility fails to provide to
the
Department an accurate disclosure document in accordance with the
Alzheimer's Disease and Related Dementias Special Care Disclosure Act.All permits shall be nontransferable.
(Source: P.A. 96-990, eff. 7-2-10.) (210 ILCS 40/6.1) (from Ch. 111 1/2, par. 4160-6.1)Sec. 6.1. 
		
		In the case of a newly constructed facility, the permit
standards prescribed by the Department shall provide that the licensed
skilled nursing beds in the facility may be made available to non-residents
of the facility, provided that the applicant demonstrates on the permit
application form, to the satisfaction of the Department, that the facility
can accommodate all residents requiring skilled nursing beds, as well as all
non-residents admitted to the facility requiring such beds.  Such
accommodation shall be accomplished without transferring or discharging any
resident or non-resident.
		(Source: P.A. 85-1244.) (210 ILCS 40/7) (from Ch. 111 1/2, par. 4160-7)Sec. 7. 
		
		As a condition for the issuance of a permit
pursuant to this Act, the provider shall establish and maintain on a
current basis, a letter of credit or an escrow account with a bank,
trust company, or other financial institution located in the State of
Illinois.  The letter of credit shall be in an amount and form acceptable
to the Department, but in no event shall the amount exceed that applicable
to the corresponding escrow agreement alternative, as described below.  The
terms of the escrow agreement shall meet the following provisions:(a) Requirements for new facilities.(1) If the entrance fee applies to a living unit which has not previously
been occupied by any resident, all entrance fee payments representing either
all or any smaller portion of the total entrance fee shall be paid to the
escrow agent by the resident.(2) When the provider has sold at least 1/2 of its living units, obtained
a mortgage commitment, if needed, and obtained all necessary zoning permits
and Certificates of Need, if required, the escrow agent may release a sum
representing 1/5 of the resident's total entrance fee to the provider.
Upon completion of the foundation of the living unit an additional 1/5 of
the resident's total entrance fee may be released to the provider.  When
the living unit is under roof a further and additional 1/5 of the resident's
total entrance fee may be released to the provider.  All remaining monies,
if any, shall remain in escrow until the resident's living unit is
substantially completed and ready for occupancy by the resident.  When the
living unit is ready for occupancy the escrow agent may release the
remaining escrow amount to the provider and further entrance fee payments,
if any, may be paid by the resident to the provider directly. All monies
released from escrow shall be used for the facility and for no other purpose.(b) General requirements for all facilities, including new and existing facilities.(1) At the time of resident occupancy and at all times thereafter, the
escrow amount shall be in an amount which equals or exceeds the aggregate
principal and interest payments due during the next 6 months on account
of any first mortgage or other long-term financing of the facility.  Existing
facilities shall have 2 years from the date of this Act becoming law to
comply with this subsection.  Upon application from a facility showing good
cause, the Director may extend compliance with this subsection one additional year.(2) Notwithstanding paragraph (1) of this subsection, the escrow monies
required under paragraph (1) of this subsection may be released to the provider
upon approval by the Director.  The Director may attach such conditions
on the release of monies as he deems fit including, but not limited to, the
performance of an audit which satisfies the Director that the facility is
solvent, a plan from the facility to bring the facility back in compliance
with paragraph (1) of this subsection, and a repayment schedule.(3) The principal of the escrow account may be invested with the earnings
thereon payable to the provider as it accrues.(4) If the facility ceases to operate all monies in the escrow account
except the amount representing principal and interest shall be repaid by
the escrow agent to the resident.(5) Balloon payments due at conclusion of the mortgage shall not be subject
to the escrow requirements of paragraph (1) this subsection.
		(Source: P.A. 85-1349.) (210 ILCS 40/8) (from Ch. 111 1/2, par. 4160-8)Sec. 8. 
		
		No State or federal funds which are appropriated by the General
Assembly or which pass through the General Revenue Fund or any special fund
in the State Treasury shall be paid to a provider not having a permit issued
under this Act.
		(Source: P.A. 82-547.) (210 ILCS 40/9) (from Ch. 111 1/2, par. 4160-9)Sec. 9. 
		
		At any time the Director receives notice from the escrow agent
that the provisions of Section 7 have not been complied with, or at any
other time when the Director has reason to believe that the provider is
insolvent, is in imminent danger of becoming insolvent or that its condition
is such that it may be financially unable to fully perform its obligations
pursuant to life care contracts,
the Director shall,
through the Attorney General, file an appropriate action on behalf of the
State of Illinois and any or all residents in any court of competent jurisdiction,
including the federal bankruptcy court or any other federal court.
		(Source: P.A. 82-547.) (210 ILCS 40/10) (from Ch. 111 1/2, par. 4160-10)Sec. 10. 
		
		The Director or his authorized designee may conduct an
audit or other examination of the financial affairs of any provider as often as he
deems it necessary for the protection of the interests of the residents and the people
of this State, and for this purpose shall have access to the books, records,
financial data and other documents maintained by the facility.
		(Source: P.A. 82-547.) (210 ILCS 40/10.1)Sec. 10.1. 
		Vaccinations.(a) A facility shall annually administer a vaccination against influenza to
each resident, in accordance with the recommendations of the Advisory Committee
on
Immunization Practices of the Centers for Disease Control and Prevention that
are most recent to the time of vaccination, unless the vaccination is medically
contraindicated or the resident has refused the vaccine. Influenza vaccinations
for all residents
age 65 and over shall be completed by November 30 of each year or as soon as
practicable
if vaccine supplies are not available before November 1. Residents admitted
after November
30, during the flu season, and until February 1 shall, as medically
appropriate,
receive an influenza vaccination prior to or upon admission or as soon as
practicable if
vaccine supplies are not available at the time of the admission, unless the
vaccine is
medically
contraindicated or the resident has refused the vaccine. In the event that the
Advisory
Committee on Immunization Practices of the Centers for Disease Control and
Prevention determines that dates of administration other than those stated in
this Act are optimal to
protect the health of residents, the Department is authorized to develop rules
to mandate
vaccinations at those times rather than the times stated in this Act. A
facility shall
document in the resident's medical record that an annual vaccination against
influenza
was administered, refused or medically contraindicated.(b) A facility shall provide or arrange for administration of a pneumococcal
vaccination to each resident who is age 65 and over, in accordance with the
recommendations of the Advisory Committee on Immunization Practices of the
Centers for Disease Control and Prevention, who has not received this
immunization prior to or upon admission to the facility, unless the resident
refuses the offer for vaccination or the vaccination is medically
contraindicated. A facility shall document in each resident's medical record
that a vaccination against pneumococcal pneumonia was offered and administered,
refused, or medically contraindicated.
		(Source: P.A. 93-384, eff. 7-25-03.) (210 ILCS 40/10.2)Sec. 10.2. Facility employee assistance programs. A facility shall ensure that nurses employed by the facility are aware of employee assistance programs or other like programs available for the physical and mental well-being of the employee.  The facility shall provide information on these programs, no less than at the time of employment and during any benefit open enrollment period, by an information form about the respective programs that the nurse must sign during onboarding at the facility.  The signed information form shall be added to the nurse's personnel file.  The facility may provide this information to nurses electronically. 
(Source: P.A. 102-1007, eff. 1-1-23.) (210 ILCS 40/11) (from Ch. 111 1/2, par. 4160-11)Sec. 11. 
		
		The Department may deny the application for permit or revoke
or suspend an existing permit for violation of any provision of this Act.
The provisions of The Illinois Administrative Procedure Act and the Administrative
Review Law as now or hereafter amended shall apply to all proceedings under this Act.
		(Source: P.A. 82-783.) (210 ILCS 40/12) (from Ch. 111 1/2, par. 4160-12)Sec. 12. 
		
		After July 1, 1982, any person acting in the capacity of a
provider who enters into a life care contract, or extends the term of
an existing life care contract, without first having been issued a permit
by the Department or without otherwise acting in compliance with the provisions
of this Act, shall be guilty of a Class A misdemeanor.
		(Source: P.A. 82-547.)
(210 ILCS 42/1)Sec. 1. Short title. This Act may be cited as the Continuum of Care Services for the Developmentally Disabled Act.
(Source: P.A. 99-892, eff. 1-1-17.) (210 ILCS 42/5)Sec. 5. Purpose. The purpose of this Act is to authorize a new type of license for organizations providing services to individuals with developmental disabilities to be known as a continuum of care license; to define the requirements for a continuum of care facility to receive and maintain such a license; to establish a process for the development of an alternative budget-neutral reimbursement mechanism for such a facility; and to authorize a request to the federal government for a waiver pursuant to the federal Social Security Act.


(Source: P.A. 99-892, eff. 1-1-17.) (210 ILCS 42/10)Sec. 10. Definitions. As used in this Act, unless the context requires otherwise:"Applicable requirements of law" means State and federal statutes, rules, regulations, and guidance, as such may from time to time be amended or revised, governing the rights, protections, and services, including reimbursement for such services, afforded to individuals with developmental disabilities."Campus group home" means a residential facility meeting the requirements of Section 30 of this Act and operated as part of a continuum of care facility licensed under this Act."Continuum of care facility" means a legally incorporated entity that provides a comprehensive range of programs, services, and supports for adults with developmental disabilities, positioned at a central geographic campus facility, and including all of the following:(1)     community-integrated living arrangements     provided within reasonable geographic proximity of the campus and in accordance with applicable requirements of law;(2)       employment opportunities, including both     on-campus compensated work opportunities and off-campus supported employment opportunities provided in accordance with applicable requirements of law;(3)       developmental training programs and     services provided in accordance with applicable requirements of law;(4)        on-campus community living facility     opportunities provided on-campus and in accordance with applicable requirements of law;(5)        campus group home opportunities as     authorized and defined in this Act and provided in accordance with applicable requirements of law; and(6)       medically complex for the developmentally     disabled facility opportunities provided on-campus and in accordance with applicable requirements of law."Continuum of care license" means a license issued to a continuum of care facility in accordance with the terms of this Act."Continuum of care plan" means a formal, written plan meeting the requirements of Section 25 of this Act."Facility constituent elements" means the particular, discrete programs, services, and supports delineated in the definition of "continuum of care facility" and provided collectively by the facility.


(Source: P.A. 99-892, eff. 1-1-17.) (210 ILCS 42/15)Sec. 15. Powers and duties. The Secretary of Human Services, acting in consultation and coordination as necessary with the Director of Public Health and the Director of Healthcare and Family Services, shall, within 12 months after the effective date of this Act,  establish a system of licensure for continuum of care facilities, in accordance with this Act, for the following purposes:(1)    protecting the welfare, safety, and rights of     individuals with developmental disabilities;(2)   providing additional options for care and     services for individuals with developmental disabilities; and(3)   providing a model of care that can transition     individuals with developmental disabilities in a seamless and timely manner across the continuum of residential care settings and supportive services, training, education, and employment opportunities in a manner that maximizes beneficiary choice and satisfaction. (Source: P.A. 99-892, eff. 1-1-17.) (210 ILCS 42/20)Sec. 20. Licensing standards. The Secretary of Human Services shall, within 12 months after the effective date of this Act, file rules establishing standards for licensing of continuum of care facilities under a single license.  These rules shall ensure that an applicant for licensure:(1)      meets the definition of "continuum of care     facility" and provides all of the programs, services, and supports required by that definition;(2)      develops, submits, and maintains adherence     to a continuum of care plan that meets the requirements of Section 25 of this Act;(3)      meets the regulatory requirements set forth     in Section 30 of this Act;(4)      meets such requirements as the Secretary of     Human Services may determine appropriate for renewal of licensure or for amendment of licensure to account for changes in the composition of facility constituent elements providing programs or services under the license; and(5)      meets such other requirements as the     Secretary of Human Services may determine appropriate for the effective implementation of this Act. (Source: P.A. 99-892, eff. 1-1-17.) (210 ILCS 42/25)Sec. 25. Continuum of care plan. An applicant for a continuum of care license shall submit to the Secretary of Human Services, in such form and manner as the Secretary of Human Services shall require, a continuum of care plan that demonstrates how the applicant will:(1)   undertake a comprehensive approach to     facilitating the movement of individuals to the most appropriate site and level of care and services provided based on that individual's preference and needs;(2)   provide for the seamless integrated transition     of individuals between and among the required care settings and services in a manner that addresses the individual's location on the spectrum of disability and progression along the age spectrum;(3)   maximize employment and training opportunities     consistent with the individual's preferences and capabilities;(4)   provide programs, services, and supports geared     to addressing the demand for services for a growing population of aging individuals and individuals who need the services offered by a medically complex for the developmentally disabled facility;  and(5)    demonstrate a commitment to providing     informed, free, and meaningful choice regarding the type of community in which the individual prefers to live and the type of employment opportunities or developmental training the individual prefers to receive; beneficiary engagement; annual  care planning and ongoing treatment focused on the needs and preferences of the individual and adherence to other applicable requirements of law relevant to protecting the rights and welfare of individuals with developmental disabilities; and(6) use an evidence-based assessment tool, approved     by the Department of Human Services and the Department of Healthcare and Family Services, to periodically reassess and confirm that individuals receiving more intense or restrictive services continue to require, or to choose if applicable, that level of support and services.(Source: P.A. 99-892, eff. 1-1-17.) (210 ILCS 42/30)Sec. 30. Applicable requirements. The Secretary of Human Services, acting as appropriate through or in coordination with the Director of Public Health, shall in licensing a continuum of care facility ensure the following:(1)   community-integrated living arrangements     provided by such licensee meet all otherwise applicable requirements of law pertaining to such arrangements, including those set forth in the Community-Integrated Living Arrangements Licensure and Certification Act, except that a continuum of care facility may, consistent with all applicable requirements of law, prioritize the movement of individuals into or out of community-integrated living arrangements from or into other residential facility constituent elements;(2)   on-campus and off-campus employment     opportunities provided by the licensee meet all otherwise applicable requirements of law pertaining to such opportunities;(3)   developmental training programs and services     provided by the licensee meet all otherwise applicable requirements of law pertaining to such programs and services;(4)   community living facility opportunities     provided by the licensee meet all otherwise applicable requirements of law pertaining to such opportunities;(5)   campus group homes provided by the licensee     meet all otherwise applicable requirements of law pertaining to an ID/DD facility under the ID/DD Community Care Act;(6)   medically complex for the developmentally     disabled facility opportunities provided by the licensee meet all otherwise applicable requirements of law pertaining to such opportunities;  and(7)   the applicant complies with such other     requirements as the Secretary of Human Services may consider necessary and appropriate to carry out the purposes of this Act and other applicable requirements of law.A continuum of care license may be issued to a continuum of care facility upon the adoption of the rules provided for in Section 20 of this Act.

(Source: P.A. 99-892, eff. 1-1-17.) (210 ILCS 42/35)Sec. 35. Existing and future programs and services.(a)     To the extent necessary to carry out the purposes of this Act and to maintain eligibility for reimbursement for services under applicable State and federal programs, including Title XIX of the federal Social Security Act, facility constituent elements of an entity licensed as a continuum of care facility may be considered to be licensed pursuant to the otherwise applicable requirements of law as set forth in Section 30 of this Act.(b)   In the event that a continuum of care facility ceases to retain licensure as a continuum of care facility, facility constituent elements that meet all otherwise applicable requirements of law with respect to such element as set forth in Section 30 of this Act shall be deemed to be licensed pursuant to such requirements.(c)   Residents of campus group homes and community-integrated living arrangements that are facility constituent elements shall continue to be beneficiaries of and have the rights and protections provided to residents of ID/DD facilities and community-integrated living arrangements, respectively, under the consent decree entered by the United States District Court for the Northern District of Illinois in the matter of Ligas v. Hamos, No. 1:05-CV-4331 on June 15, 2011 (Ligas).

While the consent decree in Ligas remains in effect, members of the class in Ligas residing in ID/DD facilities on June 15, 2011 may move to community-integrated living arrangements as they choose to do so; members of the class in Ligas admitted to ID/DD facilities after June 15, 2011 must enroll on the Prioritization of Urgency of Need for Services waiting list and be selected for community-integrated living arrangements services prior to moving.(d) A continuum of care licensee shall be permitted to add new facility constituent elements under its license provided that it demonstrates a need for the new facility constituent elements and that the facility constituent elements meet all applicable requirements of law.

(Source: P.A. 99-892, eff. 1-1-17.) (210 ILCS 42/40)Sec. 40. Reimbursement rules. The Secretary of Human Services and the Director of Healthcare and Family Services shall:(1)    ensure that reimbursement utilizing federal     and State resources for services provided to eligible beneficiaries through a continuum of care facility comports with the following requirements:(A)   such services shall be reimbursed in a         budget-neutral manner such that reimbursement for services provided by the facility constituent elements of a continuum of care licensee shall be neither greater nor lesser than the reimbursement received for such services provided by that facility constituent element prior to the licensing of the continuum of care facility, adjusted to take into account any subsequent changes in reimbursement for such similar services, or, if the facility constituent element is a new facility reimbursement for the services provided by the new facility shall be no less than the reimbursement received for such services by a comparable facility constituent element of that continuum of care facility; and(B)   a continuum of care licensee shall enter         into a single provider agreement with the Director of Healthcare and Family Services or the Secretary of Human Services;  changes that may occur from time to time in the facility constituent elements under the continuum of care license shall be addressed as may be required by applicable requirements of law through amendments to the provider agreement;  the Director of Healthcare and Family Services shall make all reasonable efforts to ensure that all facility constituent elements that are approved parts of a continuum of care license remain qualified for reimbursement under relevant State and federal programs including Title XIX of the federal Social Security Act; and(2)       in cooperation with interested     stakeholders, develop an alternative payment methodology for a continuum of care facility; the initial methodology shall produce payments that are budget neutral as compared to the services provided by the licensee prior to the implementation of the continuum of care license; the effectiveness of the methodology and corresponding rate levels shall be evaluated 18 months following the implementation of the methodology and every 12 months thereafter and shall be adjusted as necessary, subject to appropriation.(Source: P.A. 99-892, eff. 1-1-17.) (210 ILCS 42/45)Sec. 45. (Amendatory provisions; text omitted).
(Source: P.A. 99-892, eff. 1-1-17; text omitted.)
(210 ILCS 45/Art. I heading) ARTICLE I 
SHORT TITLE AND DEFINITIONS (210 ILCS 45/1-101) (from Ch. 111 1/2, par. 4151-101)Sec. 1-101. 
		
		This Act shall be known and may be cited as the Nursing Home Care Act.
		(Source: P.A. 85-1378.) (210 ILCS 45/1-102) (from Ch. 111 1/2, par. 4151-102)Sec. 1-102. 
		
		For the purposes of this Act, unless the context otherwise
requires, the terms defined in this Article have the meanings ascribed to them herein.
		(Source: P.A. 81-223.) (210 ILCS 45/1-103) (from Ch. 111 1/2, par. 4151-103)Sec. 1-103. 
		
		"Abuse" means any physical or mental injury or sexual assault
inflicted on a resident other than by accidental means in a facility.
		(Source: P.A. 81-223.) (210 ILCS 45/1-104) (from Ch. 111 1/2, par. 4151-104)Sec. 1-104. 
		"Access" means the right to:(1) Enter any facility;(2) Communicate privately and without restriction with any resident who
consents to the communication;(3) Seek consent to communicate privately and without restriction with any resident;(4) Inspect the clinical and other records of a resident with the express
written consent of the resident;(5) Observe all areas of the facility except the living area of any resident
who protests the observation.
		(Source: P.A. 81-223.) (210 ILCS 45/1-105) (from Ch. 111 1/2, par. 4151-105)Sec. 1-105. "Administrator" means a person who is charged with the
general administration and supervision of a facility and licensed, if
required, under
the Nursing Home Administrators Licensing and Disciplinary Act, as now or hereafter
amended.
					(Source: P.A. 95-331, eff. 8-21-07.) (210 ILCS 45/1-106) (from Ch. 111 1/2, par. 4151-106)Sec. 1-106. 
		"Affiliate" means:(1) With respect to a partnership, each partner thereof.(2) With respect to a corporation, each officer, director and stockholder thereof.(3) With respect to a natural person: any person related in the first
degree of kinship to that person; each partnership and each partner thereof
of which that person or any affiliate of that person is a partner; and each
corporation in which that person or any affiliate of that person is an officer,
director or stockholder.
		(Source: P.A. 81-223.) (210 ILCS 45/1-107) (from Ch. 111 1/2, par. 4151-107)Sec. 1-107. 
		"Applicant" means any person making application for a license. 
		(Source: P.A. 81-223.) (210 ILCS 45/1-108.1) (from Ch. 111 1/2, par. 4151-108.1)Sec. 1-108.1. 
		
		"Complaint classification" means the Department shall
categorize reports about conditions, care or services in a facility into
one of three groups after an investigation:(1) "An invalid report" means any report made under this Act for
which it is determined after an investigation  that no credible evidence of
abuse, neglect or other deficiency relating to the complaint exists;(2) "A valid report" means a report made under this Act if an
investigation determines that some credible evidence of the alleged abuse,
neglect or other deficiency relating to the complaint exists; and(3) "An undetermined report" means a report
made under this Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the Department.
		(Source: P.A. 84-798.) (210 ILCS 45/1-109) (from Ch. 111 1/2, par. 4151-109)Sec. 1-109. 
		"Department" means the Department of Public Health. 
		(Source: P.A. 81-223.) (210 ILCS 45/1-110) (from Ch. 111 1/2, par. 4151-110)Sec. 1-110. 
		"Director" means the Director of Public Health or his designee. 
		(Source: P.A. 81-223.) (210 ILCS 45/1-111) (from Ch. 111 1/2, par. 4151-111)Sec. 1-111. 
		"Discharge" means the full release of any resident from a facility. 
		(Source: P.A. 81-223.) (210 ILCS 45/1-112) (from Ch. 111 1/2, par. 4151-112)Sec. 1-112. 
		
		"Emergency" means a situation, physical condition or one or
more practices, methods or operations which present imminent danger of death
or serious physical or mental harm to residents of a facility.
		(Source: P.A. 81-223.) (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)Sec. 1-113. "Facility" or "long-term care facility" means a private home,
institution, building, residence, or any other place, whether operated for
profit or not, or a county home for the infirm and chronically ill operated
pursuant to Division 5-21 or 5-22 of the Counties Code, or any similar
institution operated by a political subdivision of the State of Illinois, which
provides, through its ownership or management, personal care, sheltered care or
nursing for 3 or more persons, not related to the applicant or owner by blood
or marriage.  It includes skilled nursing facilities and intermediate care
facilities as those terms are defined in Title XVIII and Title XIX of the federal
 Social Security Act.
It also includes homes, institutions, or
other places operated by or under the authority of the Illinois Department of
Veterans' Affairs."Facility" does not include the following:(1) A home, institution, or other place operated by     the federal government or agency thereof, or by the State of Illinois, other than homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans' Affairs;(2) A hospital, sanitarium, or other institution     whose principal activity or business is the diagnosis, care, and treatment of human illness through the maintenance and operation as organized facilities therefor, which is required to be licensed under the Hospital Licensing Act;(3) Any "facility for child care" as defined in the     Child Care Act of 1969;(4) Any "Community Living Facility" as defined in the     Community Living Facilities Licensing Act;(5) Any "community residential alternative" as     defined in the Community Residential Alternatives Licensing Act;(6) Any nursing home or sanatorium operated solely by     and for persons who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any well-recognized church or religious denomination. However, such nursing home or sanatorium shall comply with all local laws and rules relating to sanitation and safety;(7) Any facility licensed by the Department of Human     Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act;(8) Any "Supportive Residence" licensed under the     Supportive Residences Licensing Act;(9) Any "supportive living facility" in good standing     with the program established under Section 5-5.01a of the Illinois Public Aid Code, except only for purposes of the employment of persons in accordance with Section 3-206.01;(10) Any assisted living or shared housing     establishment licensed under the Assisted Living and Shared Housing Act, except only for purposes of the employment of persons in accordance with Section 3-206.01;(11) An Alzheimer's disease management center     alternative health care model licensed under the Alternative Health Care Delivery Act;(12) A  facility licensed under the ID/DD Community     Care Act;(13) A facility licensed under the Specialized Mental     Health Rehabilitation Act of 2013;(14) A facility licensed under the MC/DD Act; or(15) A medical foster home, as defined in 38 CFR     17.73, that is under the oversight of the United States Department of Veterans Affairs.(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15; 99-376, eff. 1-1-16; 99-642, eff. 7-28-16.) (210 ILCS 45/1-114) (from Ch. 111 1/2, par. 4151-114)Sec. 1-114. 
		
		"Guardian" means a person appointed as a guardian of the person
or guardian of the estate, or both, of a resident under the "Probate Act
of 1975", as now or hereafter amended.
		(Source: P.A. 81-223.) (210 ILCS 45/1-114.005)Sec. 1-114.005. High risk designation. "High risk designation" means a violation of a provision of the Illinois Administrative  Code that  has been identified by the Department through rulemaking to be inherently necessary to protect the health, safety, and welfare of a resident.
(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/1-114.01)Sec. 1-114.01. Identified offender. "Identified offender" means a person who meets any of the following criteria:(1) Has been convicted of, found guilty of,     adjudicated delinquent for, found not guilty by reason of insanity for, or found unfit to stand trial for, any felony offense listed in Section 25 of the Health Care Worker Background Check Act, except for the following: (i) a felony offense described in Section 10-5 of the Nurse Practice Act; (ii) a felony offense described in Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card and Debit Card Act; (iii)  a felony offense described in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis Control Act; (iv)  a felony offense described in Section 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois Controlled Substances Act; and (v)  a felony offense described in the Methamphetamine Control and Community Protection Act.(2) Has been convicted of, adjudicated delinquent     for, found not guilty by reason of insanity for, or found unfit to stand trial for, any sex offense as defined in subsection (c) of Section 10 of the Sex Offender Management Board Act.(3) Is any other resident as determined by the     Illinois State Police.(Source: P.A. 102-538, eff. 8-20-21.) (210 ILCS 45/1-114.1) (from Ch. 111 1/2, par. 4151-114.1)Sec. 1-114.1. 
		
		"Immediate family" means the spouse, an adult child, a parent,
an adult brother or sister, or an adult grandchild of a person.
		(Source: P.A. 81-1349.) (210 ILCS 45/1-115) (from Ch. 111 1/2, par. 4151-115)Sec. 1-115. 
		
		"Licensee" means the individual or entity licensed by the
Department to operate the facility.
		(Source: P.A. 83-1530.) (210 ILCS 45/1-116) (from Ch. 111 1/2, par. 4151-116)Sec. 1-116. 
		"Maintenance" means food, shelter and laundry services. 
		(Source: P.A. 81-223.) (210 ILCS 45/1-116.5)Sec. 1-116.5. "Misappropriation of a resident's property" means the deliberate misplacement, exploitation, or wrongful temporary or permanent use of a resident's belongings or money without the resident's consent.
(Source: P.A. 94-26, eff. 1-1-06.) (210 ILCS 45/1-117) (from Ch. 111 1/2, par. 4151-117)Sec. 1-117. Neglect. "Neglect" means a facility's failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living that is necessary to avoid physical harm, mental anguish, or mental illness of a resident.(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/1-118) (from Ch. 111 1/2, par. 4151-118)Sec. 1-118. "Nurse" means a registered nurse or a licensed practical nurse
as defined in the Nurse Practice Act.
					(Source: P.A. 95-639, eff. 10-5-07.) (210 ILCS 45/1-119) (from Ch. 111 1/2, par. 4151-119)Sec. 1-119. 
		
		"Owner" means the individual, partnership, corporation, association
or other person who owns a facility. In the event a facility is operated
by a person who leases the physical plant, which is owned by another person,
"owner" means the person who operates the facility, except that if the person
who owns the physical plant is an affiliate of the person who operates the
facility and has significant control over the day-to-day operations of the
facility, the person who owns the physical plant shall
incur jointly and severally with the owner all liabilities imposed on an
owner under this Act.
		(Source: P.A. 81-223.) (210 ILCS 45/1-120) (from Ch. 111 1/2, par. 4151-120)Sec. 1-120. 
		
		"Personal care" means assistance with meals, dressing, movement,
bathing or other personal needs or maintenance, or general supervision and
oversight of the physical and mental well-being of an individual, who is
incapable of maintaining a private, independent residence or who is incapable
of managing his person whether or not a guardian
has been appointed for such individual.
		(Source: P.A. 81-223.) (210 ILCS 45/1-120.3)Sec. 1-120.3. Provisional admission period. "Provisional admission period" means the time between the admission of an identified offender as defined in Section 1-114.01 and 3 days following  the admitting facility's receipt of an Identified Offender  Report and Recommendation  in accordance with Section 2-201.6.
(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/1-120.7)Sec. 1-120.7. Psychiatric services  rehabilitation aide. "Psychiatric services  rehabilitation aide" means an individual employed by a long-term care facility to provide, for mentally ill residents, at a minimum, crisis intervention, rehabilitation, and assistance with  activities of daily living.
(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/1-121) (from Ch. 111 1/2, par. 4151-121)Sec. 1-121. 
		"Reasonable hour" means any time between the hours of 10 a.m. 
		and 8 p.m. daily.
		(Source: P.A. 81-223.) (210 ILCS 45/1-122) (from Ch. 111 1/2, par. 4151-122)Sec. 1-122. Resident. "Resident" means a person receiving personal or medical care, including but not limited to mental health treatment, psychiatric rehabilitation, physical rehabilitation, and assistance with activities of daily living,
 from a facility.
(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/1-123) (from Ch. 111 1/2, par. 4151-123)Sec. 1-123. 
"Resident's representative" means a person other than the
owner not related to the resident, or an agent or employee of a facility not related to the resident,
designated in writing by a resident to be his representative, or the resident's
guardian.
(Source: P.A. 97-869, eff. 7-30-12; 98-149, eff. 8-2-13.) (210 ILCS 45/1-124) (from Ch. 111 1/2, par. 4151-124)Sec. 1-124. 
		"Sheltered care" means maintenance and personal care. 
		(Source: P.A. 81-223.) (210 ILCS 45/1-125) (from Ch. 111 1/2, par. 4151-125)Sec. 1-125. 
		
		"Stockholder" of a corporation means any person who, directly
or indirectly, beneficially owns, holds or has the power to vote, at least
5% of any class of securities issued by the corporation.
		(Source: P.A. 81-223.) (210 ILCS 45/1-125.1) (from Ch. 111 1/2, par. 4151-125.1)Sec. 1-125.1. 
"Student intern" means any person whose total term of employment
in any facility during any 12-month period is equal to or less than 90 continuous
days, and whose term of employment:(1) is an academic credit requirement in a high     school or undergraduate or graduate institution;(2) immediately succeeds a full quarter, semester, or     trimester of academic enrollment in either a high school or undergraduate or graduate institution, provided that such person is registered for another full quarter, semester, or trimester of academic enrollment in either a high school or undergraduate or graduate institution, which quarter, semester, or trimester will commence immediately following the term of employment; or(3) immediately succeeds graduation from the high     school or undergraduate or graduate institution. (Source: P.A. 98-121, eff. 7-30-13; 99-78, eff. 7-20-15.) (210 ILCS 45/1-126) (from Ch. 111 1/2, par. 4151-126)Sec. 1-126. 
		
		"Title XVIII" means Title XVIII of the Federal Social Security
Act as now or hereafter amended.
		(Source: P.A. 81-223.) (210 ILCS 45/1-127) (from Ch. 111 1/2, par. 4151-127)Sec. 1-127. 
		
		"Title XIX" means Title XIX of the Federal Social Security
Act as now or hereafter amended.
		(Source: P.A. 81-223.) (210 ILCS 45/1-128) (from Ch. 111 1/2, par. 4151-128)Sec. 1-128. 
		
		"Transfer" means a change in status of a resident's living
arrangements from one facility to another facility.
		(Source: P.A. 81-223.) (210 ILCS 45/1-128.5)Sec. 1-128.5. Type "AA" violation. A "Type 'AA' violation" means a violation of this Act or of the rules promulgated thereunder which creates a condition or occurrence relating to the operation and maintenance of a facility that proximately caused a resident's death.
(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/1-129) (from Ch. 111 1/2, par. 4151-129)Sec. 1-129. Type "A" violation. A "Type 'A' violation" means a violation of this Act or of
the rules promulgated thereunder which creates a condition or occurrence
relating to the operation and maintenance of a facility that (i) creates a substantial
probability that the risk of death or serious mental or physical harm to a resident
will result therefrom or (ii) has resulted in actual physical or mental harm to a resident.
(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/1-130) (from Ch. 111 1/2, par. 4151-130)Sec. 1-130. Type "B" violation. A "Type 'B' violation" means a violation of this Act or of
the rules promulgated thereunder which creates a condition or occurrence
relating to the operation and maintenance of a facility that is more likely than not to cause more than minimal physical or mental harm to a resident.
(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/1-132)Sec. 1-132. Type "C" violation. A "Type 'C' violation" means a violation of this Act or of the rules promulgated thereunder which creates a condition or occurrence relating to the operation and maintenance of a facility that creates a substantial probability that less than minimal physical or mental harm to a resident will result therefrom.
(Source: P.A. 96-1372, eff. 7-29-10.)
(210 ILCS 45/Art. II heading) ARTICLE II 
RIGHTS AND RESPONSIBILITIES (210 ILCS 45/Art. II Pt. 1 heading) PART 1.  
		RESIDENT RIGHTS (210 ILCS 45/2-101) (from Ch. 111 1/2, par. 4152-101)Sec. 2-101. 
No resident shall be deprived of any rights, benefits, or
privileges guaranteed by State or federal law, the Constitution of the State of Illinois,
or the Constitution of the United States solely on account of his or her status
as a resident of a facility. Residents shall have the right to be treated with courtesy and respect by employees or persons providing medical services or care and shall have their human and civil rights maintained in all aspects of medical care  as defined in the State Operations Manual for Long-Term Care Facilities. In accordance with 42 CFR 483.10, residents shall have their basic human needs, including, but not limited to, water, food, medication, toileting, and personal hygiene, accommodated in a timely manner, as defined by the person and agreed upon by the interdisciplinary team. Residents have the right to maintain their autonomy as much as possible.
(Source: P.A. 102-1080, eff. 1-1-23.) (210 ILCS 45/2-101.1) (from Ch. 111 1/2, par. 4152-101.1)Sec. 2-101.1.
					Spousal impoverishment. All new residents and their spouses
shall be informed on admittance of their spousal impoverishment rights
as defined at Section 5-4 of the Illinois Public Aid
Code, as now or hereafter amended and at Section 303 of Title III of the
Medicare Catastrophic Coverage Act of 1988 (P.L. 100-360).
					(Source: P.A. 95-331, eff. 8-21-07.) (210 ILCS 45/2-102) (from Ch. 111 1/2, par. 4152-102)Sec. 2-102. 
		
		A resident shall be permitted to manage his own financial
affairs unless he or his guardian or if the resident is a minor, his parent,
authorizes the administrator of the facility
in writing to manage such resident's financial affairs under Section 2-201 of this Act.
		(Source: P.A. 81-223.) (210 ILCS 45/2-103) (from Ch. 111 1/2, par. 4152-103)Sec. 2-103. 
		
		A resident shall be permitted to retain and use or wear his
personal property in his immediate living quarters, unless deemed medically
inappropriate by a physician and so documented in the resident's clinical
record.  If clothing is provided to the resident by the facility, it shall
be of a proper fit.The facility shall provide adequate storage space for the personal property
of the resident.  The facility shall provide a means of safeguarding small
items of value for its residents in their rooms or in any other part of
the facility so long as the residents have daily access to such valuables.
The facility shall make reasonable efforts to prevent loss and theft of
residents' property.  Those efforts shall be appropriate to the particular
facility and may include, but are not limited to, staff training and
monitoring, labeling property, and frequent property inventories.  The
facility shall develop procedures for investigating complaints concerning
theft of residents' property and shall promptly investigate all such
complaints.
		(Source: P.A. 87-549.) (210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104)Sec. 2-104. 
(a) A resident shall be permitted to retain the services
of his own personal physician at his own expense or under an individual or
group plan of health insurance, or under any public or private
assistance program providing such coverage.  However, the facility is
not liable for the negligence of any such personal physician.  Every
resident shall be permitted to obtain from his own physician or the
physician attached to the facility complete and current information
concerning his medical diagnosis, treatment and prognosis in terms and
language the resident can reasonably be expected to understand.  Every
resident shall be permitted to participate in the planning of his total
care and medical treatment to the extent that his condition permits.  No
resident shall be subjected to experimental research or treatment
without first obtaining his informed, written consent.  The conduct of
any experimental research or treatment shall be authorized and monitored
by an institutional review board appointed by the Director.  The
membership, operating procedures and review criteria for the institutional
review board shall be prescribed under rules and regulations of the
Department and shall comply with the requirements for institutional review boards established by the federal Food and Drug Administration. No person who has received compensation in the prior 3 years from an entity that manufactures, distributes, or sells pharmaceuticals, biologics, or medical devices may serve on the institutional review board.The institutional review board may approve only research or treatment that  meets the standards of the federal  Food and Drug Administration with respect to (i)  the protection of human subjects and (ii) financial disclosure by clinical investigators. The Office of State Long Term Care Ombudsman and the State Protection and Advocacy organization shall be given an opportunity to comment on any request for approval before the board makes a decision. Those entities shall not be provided information that would allow a potential human subject to be individually identified, unless the board asks the Ombudsman for help in securing information from or about the resident. The board shall require frequent reporting of the progress of the approved research or treatment and its impact on residents, including immediate reporting of any adverse impact to the resident, the resident's representative, the Office of the State Long Term Care Ombudsman, and the State Protection and Advocacy organization. The board may not approve any retrospective study of the records of any resident about the safety or efficacy of any care or treatment if the resident was under the care of the proposed researcher or a business associate when the care or treatment was given, unless the study is under the control of a researcher without any business relationship to any person or entity who could benefit from the findings of the study.No facility shall permit experimental research or treatment to be conducted on a resident, or give access to any person or person's records  for a retrospective study about the safety or efficacy of any care or treatment, without the prior written approval of the institutional review board. No nursing home administrator, or person licensed by the State to provide medical care or treatment to any person, may assist or participate in any experimental research on or treatment of a resident, including a retrospective study, that does not have the prior written approval of the board. Such conduct shall be grounds for professional discipline by the Department of Financial and
Professional Regulation.The institutional review board may exempt from ongoing review research or treatment initiated on a resident before the individual's admission to a facility and for which the board determines there is adequate ongoing oversight by another institutional review board. Nothing in this Section shall prevent a facility, any facility employee, or any other person from assisting or participating in any experimental research on or treatment of a resident, if the research or treatment began before the person's admission to  a facility, until the board has reviewed the research or treatment and decided to grant or deny approval or to exempt the research or treatment from ongoing review.The institutional review board requirements of this subsection (a) do not apply to investigational drugs, biological products, or devices used by a resident with a terminal illness as set forth in the Right to Try Act.(b) All medical treatment and procedures shall be administered as
ordered by a physician. All new physician orders shall be reviewed by the
facility's director of nursing or charge nurse designee within 24 hours
after such orders have been issued to assure facility compliance with such orders.All physician's orders and plans of treatment shall have the authentication of the physician. For the purposes of this subsection (b), "authentication" means an original written signature or an electronic signature system that allows for the verification of a signer's credentials. A stamp signature, with or without initials, is not sufficient.According to rules adopted by the Department, every woman resident of
child-bearing age shall receive routine obstetrical and gynecological
evaluations as well as necessary prenatal care.(c) Every resident shall be permitted to refuse medical treatment
and to know the consequences of such action, unless such refusal would
be harmful to the health and safety of others and such harm is
documented by a physician in the resident's clinical record.  The
resident's refusal shall free the facility from the obligation to
provide the treatment.(d) Every resident, resident's guardian, or parent if the resident
is a minor shall be permitted to inspect and copy all his clinical and
other records concerning his care and maintenance kept by the facility
or by his physician. The facility may charge a reasonable fee for
duplication of a record.
(Source: P.A. 99-270, eff. 1-1-16.) (210 ILCS 45/2-104.1) (from Ch. 111 1/2, par. 4152-104.1)Sec. 2-104.1. 
		
		Whenever ownership of a private facility is transferred
to another private owner following a final order for a suspension or revocation of the
facility's license, the new owner, if the Department so determines, shall
thoroughly evaluate the condition
and needs of each resident as if each resident were being newly admitted to
the facility. The evaluation shall include a review of the medical record
and the conduct of a physical examination
of each resident which shall be performed
within 30 days after the transfer of ownership.
		(Source: P.A. 86-1013.) (210 ILCS 45/2-104.2) (from Ch. 111 1/2, par. 4152-104.2)Sec. 2-104.2. Do-Not-Resuscitate Orders and Department of Public Health Uniform POLST form.(a) Every facility licensed under
this Act shall establish a policy for the implementation of practitioner
orders concerning cardiopulmonary resuscitation (CPR) or life-sustaining treatment including, but not limited to,
"Do-Not-Resuscitate" orders. This policy may only prescribe the format,
method of documentation and duration of any practitioner orders. Any orders under this policy shall be honored by the facility.
The Department of Public Health Uniform POLST form under Section 2310-600 of the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois, or a copy of that form or a previous version of the uniform form,

shall be
honored by the facility.(b)  Within 30 days after admission, new residents who do not have a guardian of the person or an executed power of attorney for health care shall be provided with written notice, in a form and manner provided by rule of the Department, of their right to provide the name of one or more potential health care surrogates that a treating physician should consider in selecting a surrogate to act on the resident's behalf should the resident lose decision-making capacity.  The notice shall include a form of declaration that may be utilized by the resident to identify potential health care surrogates or by the facility to document any inability or refusal to make such a declaration.  A signed copy of the resident's declaration of a potential health care surrogate or decision to decline to make such a declaration, or documentation by the facility of the resident's inability to make such a declaration, shall be placed in the resident's clinical record and shall satisfy the facility's obligation under this Section.  Such a declaration shall be used only for informational purposes in the selection of a surrogate pursuant to the Health Care Surrogate Act. A facility that complies with this Section is not liable to any healthcare provider, resident, or resident's representative or any other person relating to the identification or selection of a surrogate or potential health care surrogate. (Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16.) (210 ILCS 45/2-104.3)Sec. 2-104.3. Serious mental illness; rescreening.(a) All persons admitted to a nursing home facility with a diagnosis of serious mental illness who remain in the facility for a period of 90 days shall be re-screened by the Department of Human Services  or its designee  at the end of the 90-day period, at 6 months, and annually thereafter to assess their continuing need for nursing facility care and shall be advised of all other available care options.(b) The Department of Human Services, by rule, shall provide for a prohibition on conflicts of interest for pre-admission screeners.  The rule shall provide for waiver of those conflicts by the Department of Human Services if the Department of Human Services determines that a scarcity of qualified pre-admission screeners exists in a given community and that, absent a waiver of conflict, an insufficient number of pre-admission screeners would be available.  If a conflict is waived, the pre-admission screener shall disclose the conflict of interest to the screened individual in the manner provided for by rule of the Department of Human Services.  For the purposes of this subsection, a "conflict of interest" includes, but is not limited to, the existence of a professional or financial  relationship between (i) a PAS-MH corporate or a PAS-MH agent performing the rescreening and (ii) a community provider or long-term care facility. 
(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/2-105) (from Ch. 111 1/2, par. 4152-105)Sec. 2-105. 
		
		A resident shall be permitted respect and privacy in his medical
and personal care program.  Every resident's case discussion, consultation,
examination and treatment shall be confidential and shall be conducted discreetly,
and those persons not directly involved in the resident's care must have
his permission to be present.
		(Source: P.A. 81-223.) (210 ILCS 45/2-106) (from Ch. 111 1/2, par. 4152-106)Sec. 2-106. (a) For purposes of this Act, (i) a physical restraint is any
manual method or physical or
mechanical device, material, or equipment attached or adjacent to a
resident's body that the resident cannot remove easily and
restricts
freedom of movement or normal access to one's
body.  Devices used for
positioning, including but not limited to bed rails,
gait belts, and cushions, shall not be considered to be restraints for
purposes of this Section;
 (ii) a chemical restraint
is
any drug used for discipline or convenience and not required to treat medical
symptoms.  The Department shall by rule, designate certain devices as
restraints,
including at least all those devices which have been determined
to be restraints by the United States Department of Health and Human Services
in
interpretive guidelines issued for the purposes of administering Titles XVIII and XIX of the Social Security Act.(b) Neither restraints nor confinements shall be employed
for the purpose of punishment or for the convenience of any facility personnel.
No restraints or confinements shall be employed except as ordered
by a physician who documents the need for such restraints or confinements
in the
resident's clinical record.(c) A restraint may be used only with the informed consent of the
resident, the resident's guardian, or other authorized representative.  A
restraint may be used only for specific periods, if it is the
least restrictive means necessary to attain and maintain the resident's highest
practicable physical, mental or psychosocial well-being, including brief
periods of time to provide necessary life-saving treatment.  A restraint may be
used only after consultation with appropriate health professionals, such as
occupational or physical therapists, and a trial of less restrictive measures
has led to the determination that the use of less restrictive measures
would not attain or maintain the resident's highest practicable physical,
mental or psychosocial well-being.
However, if the resident needs emergency care, restraints may be used for brief
periods to
permit medical treatment to proceed unless the facility has notice that the
resident has previously made a valid refusal of the treatment in
question.(d) A restraint may be applied only by a person trained in the application
of the particular type of restraint.(e) Whenever a period of use of a restraint is initiated, the resident shall
be advised of his or her right to have a person or organization of his or
her
choosing,
including the Guardianship and Advocacy Commission, notified of the use of the
restraint.  A recipient
who is under guardianship may request that a person or organization of his or
her choosing  be notified of the restraint, whether or not the guardian
approves the notice.
If the resident so chooses, the facility shall make the notification
within 24 hours, including any information
about
the period of time that the restraint is to be used.
Whenever the Guardianship and Advocacy Commission is notified that a resident
has been restrained, it shall contact the resident to determine the
circumstances of the restraint and whether further action is warranted.(f) Whenever a restraint is used on a resident whose primary mode of
communication is sign language, the resident shall be permitted to have his or
her
hands free from restraint for brief periods each hour, except when this freedom
may
result in physical harm to the resident or others.(g) The requirements of this Section are intended to control in any conflict
with the requirements of Sections
1-126 and 2-108 of the Mental Health and Developmental Disabilities Code.

(Source: P.A. 97-135, eff. 7-14-11.) (210 ILCS 45/2-106.1)Sec. 2-106.1. Drug treatment.(a) A resident shall not be given unnecessary drugs.  An
unnecessary drug is any drug used in an excessive dose, including in
duplicative therapy; for excessive duration; without adequate
monitoring; without adequate indications for its use; or in the
presence of adverse consequences that indicate the drugs should be reduced or
discontinued.  The Department shall adopt, by rule, the standards
for unnecessary
drugs
contained in interpretive guidelines issued by the United States Department of
Health and Human Services for the purposes of administering Titles XVIII and XIX of
the Social Security Act.(b) Except in the case of an emergency, psychotropic medication shall not be administered without the informed
consent of the resident or the resident's surrogate decision maker.  "Psychotropic medication"
means medication that
is used for or listed as used for psychotropic, antidepressant, antimanic, or
antianxiety behavior modification or behavior management purposes in the latest
editions of the AMA Drug Evaluations or the Physician's Desk Reference. "Emergency" has the same meaning as in Section 1-112 of the Nursing Home Care Act.  A facility shall (i) document the alleged emergency in detail, including the facts surrounding the medication's need, and (ii) present this documentation to the resident and the resident's representative. The Department shall adopt, by rule, a protocol specifying how informed consent for psychotropic medication may be obtained or refused.  The protocol shall require, at a minimum, a discussion between (i) the resident or the resident's surrogate decision maker and (ii) the resident's physician, a registered pharmacist, or a licensed nurse about the possible risks and benefits of a recommended medication and the use of standardized consent forms designated by the Department. The protocol shall include informing the resident, surrogate decision maker, or both of the existence of a copy of: the resident's care plan; the facility policies and procedures adopted in compliance with subsection (b-15)  of this Section; and a notification that the most recent of the resident's care plans and the facility's policies are available to the resident or surrogate decision maker upon request. Each form designated or developed by the Department (i) shall be written in plain language, (ii) shall be able to be downloaded from the Department's official website or another website designated by the Department, (iii) shall include information specific to the psychotropic medication for which consent is being sought, and (iv) shall be used for every resident for whom psychotropic drugs are prescribed. The Department shall utilize the rules, protocols, and forms developed and implemented under the Specialized Mental Health Rehabilitation Act of 2013 in effect on the effective date of this amendatory Act of the 101st General Assembly, except to the extent that this Act requires a different procedure, and except that the maximum possible period for informed consent shall be until: (1) a change in the prescription occurs, either as to type of psychotropic medication or an increase or decrease in dosage, dosage range, or titration schedule of the prescribed medication that was not included in the original informed consent; or (2) a resident's care plan changes. The Department may further amend the rules after January 1, 2021 pursuant to existing rulemaking authority.  In addition to creating those forms, the Department shall approve the use of any other informed consent forms that meet criteria developed by the Department. At the discretion of the Department, informed consent forms may include side effects that the Department reasonably believes are more common, with a direction that more complete information can be found via a link on the Department's website to third-party websites with more complete information, such as the United States Food and Drug Administration's website. The Department or a facility shall incur no liability for information provided on a consent form so long as the consent form is substantially accurate based upon generally accepted medical principles and if the form includes the website links.Informed consent shall be sought from the resident.  For the purposes of this Section, "surrogate decision maker" means an individual representing the resident's interests as permitted by this Section. Informed consent shall be sought by the resident's guardian of the person if one has been named by a court of competent jurisdiction. In the absence of a court-ordered guardian, informed consent shall be sought from a health care agent under the Illinois Power of Attorney Act who has authority to give consent. If neither a court-ordered guardian of the person nor a health care agent under the Illinois Power of Attorney Act is available and the attending physician determines that the resident lacks capacity to make decisions, informed consent shall be sought from the resident's attorney-in-fact designated under the Mental Health Treatment Preference Declaration Act, if applicable, or the resident's representative.In addition to any other penalty prescribed by law, a facility that  is found to have violated this subsection, or the federal certification requirement that informed consent be obtained before administering a psychotropic medication, shall thereafter be required to obtain the signatures of 2 licensed health care professionals on every form purporting to give informed consent for the administration of a psychotropic medication, certifying the personal knowledge of each health care professional that the consent was obtained in compliance with the requirements of this subsection.(b-5) A facility must obtain voluntary informed consent, in writing, from a resident or the resident's surrogate decision maker before administering or dispensing a psychotropic medication to that resident. When informed consent is not required for a change in dosage, the facility shall note in the resident's file that the resident was informed of the dosage change prior to the administration of the medication or that verbal, written, or electronic notice has been communicated to the resident's surrogate decision maker that a change in dosage has occurred.(b-10)  No facility shall deny continued residency to a person on the basis of the person's or resident's, or the person's or resident's surrogate decision maker's, refusal of the administration of psychotropic medication, unless the facility can demonstrate that the resident's refusal would place the health and safety of the resident, the facility staff, other residents, or visitors at risk.A facility that alleges that the resident's refusal to consent to the administration of psychotropic medication will place the health and safety of the resident, the facility staff, other residents, or visitors at risk must: (1) document the alleged risk in detail; (2) present this documentation to the resident or the resident's surrogate decision maker, to the Department, and to the Office of the State Long Term Care Ombudsman; and (3) inform the resident or his or her surrogate decision maker of his or her right to appeal to the Department. The documentation of the alleged risk shall include a description of all nonpharmacological or alternative care options attempted and why they were unsuccessful.(b-15) Within 100 days after the effective date of any rules adopted by the Department under subsection (b) of this Section, all facilities shall implement written policies and procedures for compliance with this Section. When the Department conducts its annual survey of a facility, the surveyor may review these written policies and procedures and either:(1) give written notice to the facility that the     policies or procedures are sufficient to demonstrate the facility's intent to comply with this Section; or(2) provide written notice to the facility that the     proposed policies and procedures are deficient, identify the areas that are deficient, and provide 30 days for the facility to submit amended policies and procedures that demonstrate its intent to  comply with this Section.A facility's failure to submit the documentation required under this subsection is sufficient to demonstrate its intent to not comply with this Section and shall be grounds for review by the Department.All facilities must provide training and education on the requirements of this Section to all personnel involved in providing care to residents and train and educate such personnel on the methods and procedures to effectively implement the facility's policies.  Training and education provided under this Section must be documented in each personnel file.(b-20)   Upon the receipt of a report of any violation of this Section, the Department shall investigate and, upon finding sufficient evidence of a violation of this Section, may proceed with disciplinary action against the licensee of the facility. In any administrative disciplinary action under this subsection, the Department shall have the discretion to determine the gravity of the violation and, taking into account mitigating and aggravating circumstances and facts, may adjust the disciplinary action accordingly.(b-25) A violation of informed consent that, for an individual resident, lasts for 7 days or more under this Section is, at a minimum, a Type "B" violation. A second violation of informed consent within a year from a previous violation in the same facility regardless of the duration of the second violation is, at a minimum, a Type "B" violation.(b-30) Any violation of this Section by a facility may be enforced by an action brought by the Department in the name of the People of Illinois for injunctive relief, civil penalties, or both injunctive relief and civil penalties. The Department may initiate the action upon its own complaint or the complaint of any other interested party.(b-35) Any resident who has been administered a psychotropic medication in violation of this Section may bring an action for injunctive relief, civil damages, and costs and attorney's fees against any facility responsible for the violation.(b-40) An action under this Section must be filed within 2 years of either the date of discovery of the violation that gave rise to the claim or the last date of an instance of a noncompliant administration of psychotropic medication to the resident, whichever is later.(b-45) A facility subject to action under this Section shall be liable for damages of up to $500 for each day after discovery of a violation that the facility violates the requirements of this Section.(b-55) The rights provided for in this Section are cumulative to existing resident rights. No part of this Section shall be interpreted as abridging, abrogating, or otherwise diminishing existing resident rights or causes of action at law or equity.(c) The requirements of
this Section are intended to control in a conflict
with the requirements of Sections 2-102 and 2-107.2
of the Mental Health and Developmental Disabilities Code with respect to the
administration of psychotropic medication.(d) In this Section only, "licensed nurse" means an advanced practice registered nurse, a registered nurse, or a licensed practical nurse. (Source: P.A. 101-10, eff. 6-5-19; 102-646, eff. 8-27-21.) (210 ILCS 45/2-106a)Sec. 2-106a. Resident identification wristlet. An identification wristlet may be employed for any resident upon a physician's order, which shall document the need for the identification wristlet in the resident's clinical record. A facility may require a resident residing in an Alzheimer's disease unit with a history of wandering to wear an identification wristlet, unless the resident's guardian or power of attorney directs that the wristlet be removed. All identification wristlets shall include, at a
minimum, the resident's name
and the name, telephone number, and address of the facility issuing the identification wristlet.
(Source: P.A. 100-293, eff. 1-1-18.) (210 ILCS 45/2-107) (from Ch. 111 1/2, par. 4152-107)Sec. 2-107. 
		
		An owner, licensee, administrator, employee or agent of a
facility shall not abuse or neglect a resident.  It is the duty of any
facility employee or agent who becomes aware of such abuse or neglect to report it
as provided in "The Abused and Neglected Long Term Care Facility Residents
Reporting Act".
		(Source: P.A. 82-120.) (210 ILCS 45/2-108) (from Ch. 111 1/2, par. 4152-108)Sec. 2-108. 
		
		Every resident shall be permitted unimpeded, private and uncensored
communication of his choice by mail, public telephone or visitation.(a) The administrator shall ensure that correspondence is conveniently
received and mailed, and that telephones are reasonably accessible.(b) The administrator shall ensure that residents may have private visits
at any reasonable hour unless such visits are not medically advisable for
the resident as documented in the resident's clinical record by the resident's
physician.(c) The administrator shall ensure that space for visits is available
and that facility personnel knock, except in an emergency, before entering
any resident's room.(d) Unimpeded, private and uncensored communication by mail, public telephone
and visitation may be reasonably restricted by a physician only in
order to protect the resident or others from harm, harassment or intimidation,
provided  that the reason for any such restriction is placed in the resident's
clinical record by the physician and that notice of such restriction shall
be given to all residents upon admission.  However, all letters addressed
by a resident to the Governor,
members of the General Assembly, Attorney General, judges, state's attorneys,
officers of the Department, or licensed attorneys at law shall be forwarded
at once to the persons to whom they are addressed without examination by
facility personnel.  Letters in reply from the officials and attorneys mentioned
above shall be delivered to the recipient without examination by facility personnel.(e) The administrator shall ensure that married residents residing in
the same facility be allowed to reside in the same room within the facility
unless there is no room available in the facility or it is deemed medically
inadvisable by the residents' attending physician and so documented in the
residents' medical records.
		(Source: P.A. 81-223.) (210 ILCS 45/2-108.5)Sec. 2-108.5. Resident phone call or video call during a disaster declared by the Governor. Upon request, a facility shall make every reasonable effort to facilitate at least one phone call or video call between a resident and a single family member of the resident each day during a disaster declared by the Governor under Section 7 of the Illinois Emergency Management Agency Act, unless doing so could pose a danger to residents or staff or redirect resources away from direct resident care and protection.
(Source: P.A. 102-398, eff. 8-16-21.) (210 ILCS 45/2-109) (from Ch. 111 1/2, par. 4152-109)Sec. 2-109. 
		A resident shall be permitted the free exercise of religion. 
		
Upon a resident's request, and if necessary at his expense, the administrator
shall make arrangements for a resident's attendance at religious services
of the resident's choice.  However, no religious beliefs or practices, or
attendance at religious services, may be imposed upon any resident.
		(Source: P.A. 81-223.) (210 ILCS 45/2-110) (from Ch. 111 1/2, par. 4152-110)Sec. 2-110. (a) Any employee or agent of a public agency, any
representative of a community legal services program or any other member
of the general public shall be permitted access at reasonable hours to
any individual resident of any facility, but only if there is neither a
commercial purpose nor
effect to such access and if the purpose is to do any of the following:(1) Visit, talk with and make personal, social and     legal services available to all residents;(2) Inform residents of their rights and entitlements     and their corresponding obligations, under federal and State laws, by means of educational materials and discussions in groups and with individual residents;(3) Assist residents in asserting their legal rights     regarding claims for public assistance, medical assistance and social security benefits, as well as in all other matters in which residents are aggrieved.  Assistance may include counseling and litigation; or(4) Engage in other methods of asserting, advising     and representing residents so as to extend to them full enjoyment of their rights.(a-5) If a resident of a licensed facility is an identified offender, any federal, State, or local law enforcement officer or county probation officer shall be permitted reasonable access to the individual resident to verify compliance with the requirements of the Sex Offender Registration Act, to verify compliance with the requirements of Public Act 94-163 and this amendatory Act of the 94th General Assembly, or to verify compliance with applicable terms of probation, parole, aftercare release, or mandatory supervised release.(b) All persons entering a facility under this Section shall
promptly notify appropriate facility personnel of their presence.  They
shall, upon request, produce identification to establish their identity.
No such person shall enter the immediate living area of any resident
without first identifying himself and then receiving permission from the
resident to enter.  The rights of other residents present in the room
shall be respected.  A resident may terminate at any time a visit by a
person having access to the resident's living area under this Section.(c) This Section shall not limit the power of the Department or
other public agency, including, but not limited to, the State Long Term Care Ombudsman Program, otherwise permitted or required by federal or State law to enter and
inspect a facility or communicate privately and without restriction with a resident who consents to the communication, regardless of the consent of, or withholding of consent by, a legal guardian or an agent named in a power of attorney executed by the resident.(d) Notwithstanding paragraph (a) of this Section, the administrator
of a facility may refuse access to the facility to any person if the
presence of that person in the facility would be injurious to the health
and safety of a resident or would threaten the security of the property
of a resident or the facility, or if the person seeks access to the
facility for commercial purposes. Any person refused access to a
facility may within 10 days request a hearing under Section 3-703. In
that proceeding, the burden of proof as to the right of the facility to
refuse access under this Section shall be on the facility.
(Source: P.A. 98-558, eff. 1-1-14; 98-989, eff. 1-1-15.) (210 ILCS 45/2-111) (from Ch. 111 1/2, par. 4152-111)Sec. 2-111. 
		
		A resident may be discharged from a facility after he gives
the administrator, a physician, or a nurse of the facility
written notice of his desire to be discharged.  If a guardian has been appointed
for a resident or if the resident is a minor, the resident shall be discharged
upon written consent of his guardian or if the resident is a minor, his
parent unless there is a court order to the contrary.  In such cases, upon
the resident's
discharge, the facility is relieved from any responsibility for the resident's
care, safety or well-being.
		(Source: P.A. 81-223.) (210 ILCS 45/2-112) (from Ch. 111 1/2, par. 4152-112)Sec. 2-112. 
A resident shall be permitted to present grievances on behalf
of himself or others to the administrator, the Long-Term Care Facility Advisory
Board, the residents' advisory council, State governmental agencies,
or other persons of the resident's choice, free from restraint, interference, coercion, or discrimination and without threat of discharge or reprisal in any form or
manner whatsoever. Every facility licensed under this Act shall have a written internal grievance procedure that, at a minimum:(1) sets forth the process to be followed;(2) specifies time limits, including time limits for     facility response;(3) informs  residents of their right to have the     assistance of an advocate;(4) provides for a timely response within 25 days by     an impartial and nonaffiliated third party, including, but not limited to, the Long-Term Care Ombudsman, if the grievance is not otherwise resolved by the facility;(5) requires the facility to follow applicable State     and federal requirements for responding to and reporting any grievance alleging potential abuse, neglect, misappropriation of resident property, or exploitation; and(6) requires the facility to keep a copy of all     grievances, responses, and outcomes for 3 years and provide the information to the Department upon request.In accordance with F574 of the State Operations Manual for Long-Term Care Facilities, the administrator shall provide all residents or their representatives upon admission and at request with the name, address, and telephone number of the appropriate State governmental office where complaints may be lodged in language the resident can understand, which must include notice of the grievance procedure of the facility or program and addresses and phone numbers for the Office of Health Care Regulation and the Long-Term Care Ombudsman Program.
(Source: P.A. 102-1080, eff. 1-1-23.) (210 ILCS 45/2-113) (from Ch. 111 1/2, par. 4152-113)Sec. 2-113. A resident may refuse to perform labor for a facility. Residents shall not perform labor or services for the facility unless consistent with F566 of the State Operations Manual for Long-Term Care Facilities. The activities must be included for therapeutic purposes and be appropriately goal related to the individual's care plan. If a resident chooses to perform labor or services, the resident  must be compensated at or above the prevailing wage rate. (Source: P.A. 102-1080, eff. 1-1-23.) (210 ILCS 45/2-114)Sec. 2-114. Unlawful discrimination. No resident shall be subjected to unlawful discrimination as defined in Section 1-103 of the Illinois Human Rights Act by any owner, licensee, administrator, employee, or agent of a facility. Unlawful discrimination does not include an action by any owner, licensee, administrator, employee, or agent of a facility that is required by this Act or rules adopted under this Act.
(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/2-115)Sec. 2-115. Authorized electronic monitoring of a resident's room. A resident shall be permitted to conduct authorized electronic monitoring of the resident's room through the use of electronic monitoring devices placed in the room pursuant to the Authorized Electronic Monitoring in Long-Term Care Facilities Act.
(Source: P.A. 99-430, eff. 1-1-16.) (210 ILCS 45/Art. II Pt. 2 heading) PART 2.  
		RESPONSIBILITIES (210 ILCS 45/2-201) (from Ch. 111 1/2, par. 4152-201)Sec. 2-201. To protect the residents' funds, the facility:(1) Shall at the time of admission provide, in order of priority,
each resident, or the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family member,
if any, with a written statement explaining to the resident and to the
resident's spouse (a) their spousal impoverishment rights, as defined at
Section 5-4 of the Illinois Public Aid Code, and at Section 303 of Title III of the Medicare Catastrophic
Coverage Act of 1988 (P.L. 100-360), (b) their obligation to comply with the asset and income disclosure requirements of Title XIX of the federal Social Security Act and the regulations duly promulgated thereunder, except that this item (b) does not apply to facilities operated by the Illinois Department of Veterans' Affairs that do not participate in Medicaid, and (c) the
resident's rights regarding personal
funds and listing the services for which the resident will be charged. The
facility shall obtain a signed acknowledgment from each resident or the
resident's guardian, if any, or the resident's representative, if any, or
the resident's immediate family member, if any, that such person has
received the statement and understands that failure to comply with asset and income disclosure requirements may result in the denial of Medicaid eligibility.(2) May accept funds from a resident for safekeeping and managing, if
it receives written authorization from, in order of priority, the resident
or the resident's guardian, if any, or the resident's representative,
if any, or the resident's immediate family member, if any; such authorization
shall be attested to by a witness who has no pecuniary interest in the facility
or its operations, and who is not connected in any way to facility
personnel or the administrator in any manner whatsoever.(3) Shall maintain and allow, in order of priority, each resident
or the resident's guardian, if any, or the resident's representative,
if any, or the resident's immediate family member, if any, access to a
written record of all financial arrangements and transactions involving
the individual resident's funds.(4) Shall provide, in order of priority, each resident, or the resident's
guardian, if any, or the resident's representative, if any,
or the resident's immediate family member, if any, with a written itemized
statement at  least quarterly, of all financial transactions involving
the resident's funds.(5) Shall purchase a surety bond, or otherwise provide assurance
satisfactory to the Departments of Public Health and Insurance that all
residents' personal funds deposited with the facility are secure against
loss, theft, and insolvency.(6) Shall keep any funds received from a resident for safekeeping in an
account separate from the facility's funds, and shall at no time withdraw
any part or all of such funds for any purpose other than to return the
funds to the resident upon the request of the resident or any other person
entitled to make such request, to pay the resident his allowance, or to
make any other payment authorized by the resident or any other person
entitled to make such authorization.(7) Shall deposit any funds received from a resident in excess of $100 in
an interest bearing account insured by agencies of, or corporations chartered
by, the State or federal government.  The account shall be in a form which
clearly indicates that the facility has only a fiduciary interest in the
funds and any interest from the account shall accrue to the resident. The
facility may keep up to $100 of a resident's money in a non-interest bearing
account or petty cash fund, to be readily available for the resident's current
expenditures.(8) Shall return to the resident, or the person who executed the written
authorization required in subsection (2) of this Section, upon written
request, all or any part of the resident's funds given the facility for
safekeeping, including the interest accrued from deposits.(9) Shall (a) place any monthly allowance to which a resident is entitled
in that resident's personal account, or give it to the resident, unless
the facility has written authorization from the resident or the resident's
guardian or if the resident is a minor, his parent, to handle it
differently, (b) take all steps necessary to ensure that a personal needs
allowance that is placed in a resident's personal account is used
exclusively by the resident or for the benefit of the resident, and
(c) where such funds are withdrawn from the resident's personal account by
any person other than the resident, require such person to whom funds
constituting any part of a resident's personal needs allowance are
released, to execute an affidavit that such funds shall be used exclusively
for the benefit of the resident.(10) Unless otherwise provided by State law, upon the death of a resident,
shall provide the executor or administrator of the resident's estate with
a complete accounting of all the resident's personal property, including
any funds of the resident being held by the facility.(11) If an adult resident is incapable of managing his funds and does
not have a resident's representative, guardian, or an immediate family
member, shall  notify the Office of the State Guardian of the Guardianship
and Advocacy Commission.(12) If the facility is sold, shall provide the buyer with a written
verification by a public accountant of all residents' monies and properties
being transferred, and obtain a signed receipt from the new owner.
(Source: P.A. 98-523, eff. 8-23-13.) (210 ILCS 45/2-201.5)Sec. 2-201.5. Screening prior to admission.(a) All persons age 18 or older seeking admission to a nursing
facility must be screened to
determine the need for nursing facility services prior to being admitted,
regardless of income, assets, or funding source.  Screening for nursing facility services shall be administered
through procedures established by administrative rule.  Screening may be done
by agencies other than the Department as established by administrative rule.
This Section applies on and after July 1, 1996. No later than October 1, 2010, the Department of Healthcare and Family Services, in collaboration with the Department on Aging, the Department of Human Services, and the Department of Public Health, shall  file administrative rules providing for the gathering, during the screening process, of information relevant to determining each person's potential for placing other residents, employees, and visitors at risk of harm.(a-1) Any screening performed pursuant to subsection (a) of
this Section shall include a determination of whether any
person is being considered for admission to a nursing facility  due to a
need for mental health services. For a person who needs
mental health services, the screening shall
also include an evaluation of whether there is permanent supportive housing, or an array of
community mental health services, including but not limited to
supported housing, assertive community treatment, and peer support services, that would enable the person to live in the community. The person shall be told about the existence of any such services that would enable the person to live safely and humanely and about available appropriate nursing home services that would enable the person to live safely and humanely, and the person shall be given the assistance necessary to avail himself or herself  of any available  services.(a-2) Pre-screening for persons with a serious mental illness shall be performed by a psychiatrist, a psychologist, a registered nurse certified in psychiatric nursing, a licensed clinical professional counselor, or a licensed clinical social worker,
who is competent to (i) perform a clinical assessment of the individual,  (ii) certify a diagnosis, (iii) make a
determination about the individual's current need for treatment, including substance abuse treatment, and recommend specific treatment, and (iv) determine whether a facility or a community-based program
is able to meet the needs of the individual.For any person entering a nursing facility, the pre-screening  agent shall make specific recommendations about what care and services the individual needs to receive, beginning at admission, to attain or maintain the individual's highest level of independent functioning and to live in the most integrated setting appropriate for his or her  physical and  personal care and  developmental and mental health needs.   These recommendations shall be revised as appropriate by the pre-screening or re-screening agent based on the results of resident review and in response to changes in  the resident's wishes, needs, and interest in transition.Upon the person entering the nursing facility, the Department of Human Services or its designee shall assist the person in establishing a relationship with a community mental health agency or other appropriate agencies in order to (i) promote the person's transition to independent living and (ii) support the person's progress in meeting individual goals.(a-3) The Department of Human Services, by rule, shall provide for a prohibition on conflicts of interest for pre-admission screeners.  The rule shall provide for waiver of those conflicts by the Department of Human Services if the Department of Human Services determines that a scarcity of qualified pre-admission screeners exists in a given community and that, absent a waiver of conflicts, an insufficient number of pre-admission screeners would be available.  If a conflict is waived, the pre-admission screener shall disclose the conflict of interest to the screened individual in the manner provided for by rule of the Department of Human Services.  For the purposes of this subsection, a "conflict of interest" includes, but is not limited to, the existence of a professional or financial  relationship between (i) a PAS-MH corporate or a PAS-MH agent and (ii) a community provider or long-term care facility.(b) In addition to the screening required by subsection (a), a facility, except for those licensed under the MC/DD Act, shall, within 24 hours after admission, request a criminal history background check pursuant to the Illinois Uniform Conviction Information Act for all persons age 18 or older seeking admission to the facility, unless (i) a background check was initiated by a hospital pursuant to subsection (d) of Section 6.09 of the Hospital Licensing Act or a pre-admission background check was conducted by the Department of Veterans' Affairs 30 days prior to admittance into an Illinois Veterans Home; (ii) the transferring resident is immobile; or (iii) the transferring resident is moving into hospice.  The exemption provided in item (ii) or (iii) of this subsection (b) shall apply only if a background check was completed by the facility the resident resided at prior to seeking admission to
the facility and the resident was transferred to the facility
with no time passing during which the resident was not
institutionalized. If item (ii) or (iii) of this subsection (b) applies,
the prior facility shall provide a copy of its background check
of the resident and all supporting documentation, including,
when applicable, the criminal history report and the security
assessment, to the facility to which the resident is being
transferred.  Background checks conducted pursuant to this Section shall be based on the resident's name, date of birth, and other identifiers as required by the Illinois State Police. If the results of the background check are inconclusive, the facility shall initiate a fingerprint-based check, unless the fingerprint check is waived by the Director of Public Health based on verification by the facility that the resident is completely immobile or that the resident meets other criteria related to the resident's health or lack of potential risk which may be established by Departmental rule.  A waiver issued pursuant to this Section shall be valid only while the resident is immobile or while the criteria supporting the waiver exist. The facility shall provide for or arrange for any required fingerprint-based checks to be taken on the premises of the facility. If a fingerprint-based check is required, the facility shall arrange for it to be conducted in a manner that is respectful of the resident's dignity and that minimizes any emotional or physical hardship to the resident.(c) If the results of a resident's criminal history background check reveal that the resident is an identified offender as defined in Section 1-114.01, the facility shall do the following:(1) Immediately notify the Illinois State Police, in     the form and manner required by the Illinois State Police, in collaboration with the Department of Public Health, that the resident is an identified offender.(2) Within 72 hours, arrange for a fingerprint-based     criminal history record inquiry to be requested on the identified offender resident. The inquiry shall be based on the subject's name, sex, race, date of birth, fingerprint images, and other identifiers required by the Illinois State Police. The inquiry shall be processed through the files of the Illinois State Police and the Federal Bureau of Investigation  to locate any criminal history record information that may exist regarding the subject. The Federal Bureau of Investigation shall furnish to the Illinois State Police, pursuant to an inquiry under this paragraph (2), any criminal history record information contained in its files.The facility shall comply with all applicable provisions contained in the Illinois Uniform Conviction Information Act.All name-based and fingerprint-based criminal history record inquiries shall be submitted to the Illinois State Police electronically in the form and manner prescribed by the Illinois State Police. The Illinois State Police may charge the facility a fee for processing name-based and fingerprint-based criminal history record inquiries. The fee  shall be deposited into  the State Police Services Fund. The fee shall not exceed the actual  cost of processing the inquiry.(d) (Blank).(e) The Department shall develop and  maintain a de-identified  database of residents who have injured facility staff, facility visitors, or other residents, and the attendant circumstances, solely for the purposes of evaluating and improving resident pre-screening and assessment procedures (including the Criminal History Report prepared under Section 2-201.6) and the adequacy of Department requirements concerning the provision of care and services to residents. A resident shall not be listed in the database until a Department survey confirms the accuracy of the listing. The names of persons listed in the database and information that would allow them to be individually identified shall not be made public. Neither the Department nor any other agency of State government may use information in the database to take any action against any individual, licensee, or other entity, unless the Department or agency receives the information independent of this subsection (e). All information
collected, maintained, or developed under the authority of this  subsection (e) for the purposes of the database maintained under this subsection (e) shall be treated in the same manner as information that is subject to Part 21 of Article VIII of the Code of Civil Procedure. (Source: P.A. 102-538, eff. 8-20-21.) (210 ILCS 45/2-201.6)Sec. 2-201.6. Criminal History Report.(a) The Illinois State Police shall prepare a Criminal History Report when it receives information, through the criminal history background check required pursuant to subsection (d) of Section 6.09 of the Hospital Licensing Act or subsection (c) of Section 2-201.5, or through any other means, that a resident of a facility is an identified offender.(b) The Illinois State Police shall complete the  Criminal History Report within 10 business days after receiving information under subsection (a)  that a resident is an identified offender.(c) The Criminal History Report shall include, but not be limited to, the following:(1) (Blank).(2) (Blank).(3) (Blank).(3.5) Copies of the identified offender's parole,     mandatory supervised release, or probation orders.(4) An interview with the identified offender.(5) (Blank).(6) A detailed summary of the entire criminal history     of the offender, including arrests, convictions, and the date of the identified offender's last conviction relative to the date of admission to a long-term care facility.(7) If the identified offender is a convicted or     registered sex offender, a review of any and all sex offender evaluations conducted on that offender.  If there is no sex offender evaluation available, the Illinois State Police shall arrange, through the Department of Public Health, for a sex offender evaluation to be conducted on the identified offender. If the convicted or registered sex offender is under supervision by the Illinois Department of Corrections or a county probation department, the sex offender evaluation shall be arranged by and at the expense of the supervising agency.  All evaluations conducted on convicted or registered sex offenders under this Act shall be conducted by sex offender evaluators approved by the Sex Offender Management Board.(d) The Illinois State Police shall provide the Criminal History Report to a licensed forensic psychologist. After (i) consideration of the Criminal History Report, (ii)  consultation with the facility administrator or the facility medical director, or both, regarding the mental and physical condition of the identified offender, and (iii)  reviewing the facility's file on the identified offender, including all incident reports, all information regarding medication and medication compliance, and all information regarding previous discharges or transfers from other facilities, the licensed forensic psychologist shall prepare an Identified Offender Report and Recommendation. The Identified Offender Report and Recommendation shall detail whether and to what extent the identified offender's criminal history necessitates the implementation of security measures within the long-term care facility.  If the identified offender is a convicted or registered sex offender or if the Identified Offender Report and Recommendation reveals that the identified offender poses a significant risk of harm to others within the facility, the offender shall be required to have his or her own room within the facility.(e) The licensed forensic psychologist shall complete the Identified Offender Report and Recommendation within 14 business  days after receiving the Criminal History Report and shall promptly provide the Identified Offender Report and Recommendation to the Illinois State Police, which shall provide the Identified Offender Report and Recommendation to the following:(1) The long-term care facility within which the     identified offender resides.(2) The Chief of Police of the municipality in which     the facility is located.(3) The State of Illinois Long Term Care Ombudsman.(4) The Department of Public Health.(e-5) The Department of Public Health shall keep a continuing record of all residents determined to be identified offenders as defined in  Section 1-114.01 and shall report the number of identified offender residents annually to the General Assembly.(f) The facility shall incorporate the Identified Offender Report and Recommendation into the identified offender's care plan created pursuant to 42 CFR 483.20.(g) If, based on the Identified Offender Report and Recommendation, a facility determines that it cannot manage the identified offender resident safely within the facility, it shall commence involuntary transfer or discharge proceedings pursuant to Section 3-402.(h) Except for willful and wanton misconduct, any person authorized to participate in the development of a Criminal History Report or Identified Offender Report and Recommendation is immune from criminal or civil liability for any acts or omissions as the result of his or her good faith effort to comply with this Section.
(Source: P.A. 102-538, eff. 8-20-21.) (210 ILCS 45/2-201.7)Sec. 2-201.7. Expanded criminal history background check pilot program.(a) The purpose of this Section is to establish a pilot program based in Cook and Will counties in which an expanded criminal history background check screening process will be utilized to better identify residents of licensed long term care facilities who, because of their  criminal histories, may pose a risk to other vulnerable residents.(b) In this Section, "mixed population facility" means a facility that has more than 25 residents with a diagnosis of serious mental illness and residents 65 years of age or older.(c) Every mixed population facility located in Cook County or Will County shall participate in the pilot program and shall employ expanded criminal history background check screening procedures for all residents admitted to the facility who are at least 18 years of age but less than 65 years of age. Under the pilot program, criminal history background checks required under this Act shall employ fingerprint-based criminal history record inquiries or comparably comprehensive name-based criminal history background checks.  Fingerprint-based criminal history record inquiries shall be conducted pursuant to subsection (c-2) of Section 2-201.5. A Criminal History Report and an Identified Offender Report and Recommendation shall be completed pursuant to Section 2-201.6 if the results of the expanded criminal history background check reveal that a resident is an identified offender as defined in Section 1-114.01.(d) If an expanded criminal history background check reveals that a resident is an identified offender as defined in Section 1-114.01, the facility shall be notified within 72 hours.(e) The cost of the expanded criminal history background checks conducted pursuant to the pilot program shall not exceed $50 per resident and shall be paid by the facility. The Illinois State Police shall implement all potential measures to minimize the cost of the expanded criminal history background checks to the participating long term care facilities.(f) The pilot program shall run for a period of one year after the effective date of this amendatory Act of the 96th General Assembly. Promptly after the end of that one-year period, the Department shall report the results of the pilot program to the General Assembly.
(Source: P.A. 102-538, eff. 8-20-21.) (210 ILCS 45/2-202) (from Ch. 111 1/2, par. 4152-202)Sec. 2-202. (a) Before a person is admitted to a facility, or at the
expiration of the period of previous contract, or when the source of
payment for the resident's care changes from private to public funds or
from public to private funds, a written contract shall be executed between
a licensee and the following in order of priority:(1) the person, or if the person is a minor, his     parent or guardian; or(2) the person's guardian, if any, or agent, if any,     as defined in Section 2-3 of the Illinois Power of Attorney Act; or(3) a member of the person's immediate family.An adult person shall be presumed to have the capacity to contract for
admission to a long term care facility unless he has been adjudicated a
"person with a disability" within the meaning of Section 11a-2 of the  Probate Act
of 1975, or unless a petition for such an adjudication is pending in a
circuit court of Illinois.If there is no guardian, agent or member of the person's immediate family
available, able or willing to execute the contract required by this Section
and a physician determines that a person is so disabled as to be unable
to consent to placement in a facility, or if a person has already been found
to be a "person with a disability", but no order has been entered allowing residential
placement of the person, that person may be admitted to a facility before
the execution of a contract required by this Section; provided that a petition
for guardianship or for modification of guardianship is filed within 15
days of the person's admission to a facility, and provided further that
such a contract is executed within 10 days of the disposition of the petition.No adult shall be admitted to a facility if he objects, orally or in writing,
to such admission, except as otherwise provided in Chapters III
and IV of the Mental Health and Developmental Disabilities Code or Section
11a-14.1 of the  Probate Act of 1975.If a person has not executed a contract as required by this Section, then
such a contract shall be executed on or before July 1, 1981, or within 10
days after the disposition of a petition for guardianship or modification
of guardianship that was filed prior to July 1, 1981, whichever is later.Before a licensee enters a contract under this Section, it shall
provide the prospective resident and his or her guardian, if any, with written
notice of the licensee's policy regarding discharge of a resident whose
private funds for payment of care are exhausted.Before a licensee enters into a contract under this Section, it shall provide the resident or prospective resident and his or her guardian, if any, with a copy of the licensee's policy regarding the assignment of Social Security representative payee status as a condition of the contract when the resident's or prospective resident's care is being funded under Title XIX of the Social Security Act and Article V of the Illinois Public Aid Code.(b) A resident shall not be discharged or transferred at the expiration
of the term of a contract, except as provided in Sections 3-401 through
3-423.(c) At the time of the resident's admission to the facility, a copy of
the contract shall be given to the resident, his guardian, if any, and any
other person who executed the contract.(d) A copy of the contract for a resident who is supported by
nonpublic funds other than the resident's own funds shall be made
available to the person providing the funds for the resident's support.(e) The original or a copy of the contract shall be maintained in the
facility and be made available upon request to representatives of the
Department and the Department of Healthcare and Family Services.(f) The contract shall be written in clear and unambiguous language
and shall be printed in not less than 12-point type.  The general form
of the contract shall be prescribed by the Department.(g) The contract shall specify:(1) the term of the contract;(2) the services to be provided under the contract     and the charges for the services;(3) the services that may be provided to supplement     the contract and the charges for the services;(4) the sources liable for payments due under the     contract;(5) the amount of deposit paid; and(6) the rights, duties and obligations of the     resident, except that the specification of a resident's rights may be furnished on a separate document which complies with the requirements of Section 2-211.(h) The contract shall designate the name of the resident's
representative, if any.  The resident shall provide the facility with a copy
of the written agreement between the resident and the resident's representative
which authorizes the resident's representative to inspect and copy the
resident's records and authorizes the resident's representative to execute
the contract on behalf of the resident required by this Section.(i) The contract shall provide that if the resident is
compelled by a change in physical or mental health to leave the
facility, the contract and all obligations under it shall terminate on 7
days notice.  No prior notice of termination of the contract shall be
required, however, in the case of a resident's death.  The contract shall also provide
that in all other situations, a
resident may terminate the contract and all obligations under it with 30
days notice. All charges shall be prorated as of the date on which the
contract terminates, and, if any payments have been made in advance, the
excess shall be refunded to the resident. This provision shall not apply
to life-care contracts through which a facility agrees to provide
maintenance and care for a resident throughout the remainder of his life
nor to continuing-care contracts through which a facility agrees to
supplement all available forms of financial support in providing
maintenance and care for a resident throughout the remainder of his life.(j) In addition to all other contract specifications contained in this
Section admission contracts shall also specify:(1) whether the facility accepts Medicaid clients;(2) whether the facility requires a deposit of the     resident or his family prior to the establishment of Medicaid eligibility;(3) in the event that a deposit is required, a clear     and concise statement of the procedure to be followed for the return of such deposit to the resident or the appropriate family member or guardian of the person;(4) that all deposits made to a facility by a     resident, or on behalf of a resident, shall be returned by the facility within 30 days of the establishment of Medicaid eligibility, unless such deposits must be drawn upon or encumbered in accordance with Medicaid eligibility requirements established by the Department of Healthcare and Family Services.(k) It shall be a business offense for a facility to knowingly and
intentionally both retain a resident's deposit and accept Medicaid
payments on behalf of that resident.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15.) (210 ILCS 45/2-203) (from Ch. 111 1/2, par. 4152-203)Sec. 2-203. 
		Each facility shall establish a residents' advisory council. 
		The administrator shall designate a member of the facility staff to coordinate
the establishment of, and render assistance to, the council.(a) The composition of the residents' advisory council shall be specified
by Department regulation, but no employee or affiliate of a facility shall
be a member of any council.(b) The council shall meet at least once each month with the staff coordinator
who shall provide assistance to the council in preparing and disseminating
a report of each meeting to all residents, the administrator, and the staff.(c) Records of the council meetings will be maintained in the office of
the administrator.(d) The residents' advisory council may communicate to the administrator
the opinions and concerns of the residents.  The council shall review procedures
for implementing resident rights, facility responsibilities and make recommendations
for changes or additions which will strengthen the facility's policies and
procedures as they affect residents' rights and facility responsibilities.(e) The council shall be a forum for:(1) Obtaining and disseminating information;(2) Soliciting and adopting recommendations for facility programing and improvements;(3) Early identification and for recommending orderly resolution of problems.(f) The council may present complaints as provided in Section 3-702 on
behalf of a resident to the Department, the Long-Term Care Facility Advisory
Board created by Section 2-204, or to any other person it considers appropriate.
		(Source: P.A. 81-223.) (210 ILCS 45/2-204) (from Ch. 111 1/2, par. 4152-204)Sec. 2-204. The Director shall appoint a Long-Term Care Facility Advisory
Board to consult with the Department and the residents' advisory councils
created under Section 2-203.(a) The Board shall be comprised of the following persons:(1) The Director who shall serve as chairman, ex     officio and nonvoting; and(2) One representative each of the Department of     Healthcare and Family Services, the Department of Human Services, the Department on Aging, and the Office of the State Fire Marshal, all nonvoting members;(2.5) One member who represents local health     departments who is a nonvoting member;(3) One member who shall be a physician licensed to     practice medicine in all its branches;(4) One member who shall be a registered nurse     selected from the recommendations of professional nursing associations;(5) Four members who shall be selected from the     recommendations by organizations whose membership consists of facilities;(6) Two members who shall represent the general     public who are not members of a residents' advisory council established under Section 2-203 and who have no responsibility for management or formation of policy or financial interest in a facility;(7) One member who is a member of a residents'     advisory council established under Section 2-203 and is capable of actively participating on the Board; and(8) One member who shall be selected from the     recommendations of consumer organizations which engage solely in advocacy or legal representation on behalf of residents and their immediate families.(b) The terms of those members of the Board appointed prior to the
effective date of this amendatory Act of 1988 shall expire on December 31,
1988.  Members of the Board created by this amendatory Act of 1988 shall be
appointed to serve for terms as follows: 3 for 2 years, 3 for 3 years
and 3 for 4 years.  The member of the Board added by this amendatory Act
of 1989 shall be appointed to serve for a term of 4 years.  Each successor
member shall be appointed for a term of 4 years.  Any member appointed to fill
a vacancy occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the remainder of such term.
The Board shall meet as frequently as the chairman deems necessary, but not
less than 4 times each year.  Upon request by 4 or more members the chairman
shall call a meeting of the Board.  The affirmative vote of 6 members of the
Board shall be necessary for Board action.  A member of the Board can designate
a replacement to serve at the Board meeting and vote in place of the member by
submitting a letter of designation to the chairman prior to or at the
Board meeting. The Board members shall be reimbursed for their actual
expenses incurred in the performance of their duties.(c) The Advisory Board shall advise the Department of Public Health on
all aspects of its responsibilities under this Act and the Specialized Mental Health Rehabilitation Act of 2013, including the format
and content of any rules promulgated by the Department of Public Health.
Any such rules, except emergency rules promulgated pursuant to Section 5-45 of
the Illinois Administrative Procedure Act, promulgated without
obtaining the advice of the Advisory Board are null and void.  In the event
that the Department fails to follow the advice of the Board, the Department
shall, prior to the promulgation of such rules, transmit a written explanation
of the reason thereof to the Board.  During its review of rules, the Board
shall analyze the economic and regulatory impact of those rules.  If the
Advisory Board, having been asked for its advice, fails to advise the
Department within 90 days, the rules shall be considered acted upon.
(Source: P.A. 102-432, eff. 8-20-21.) (210 ILCS 45/2-205) (from Ch. 111 1/2, par. 4152-205)Sec. 2-205. The following information is subject to disclosure to
the public from the Department or the Department of Healthcare and Family Services:(1) Information submitted under Sections 3-103 and     3-207 except information concerning the remuneration of personnel licensed, registered, or certified by the Department of Professional Regulation and monthly charges for an individual private resident;(2) Records of license and certification inspections,     surveys, and evaluations of facilities, other reports of inspections, surveys, and evaluations of resident care, whether a facility has been designated a distressed facility, and the basis for the designation, and reports concerning a facility prepared pursuant to Titles XVIII and XIX of the Social Security Act, subject to the provisions of the Social Security Act;(3) Cost and reimbursement reports submitted by a     facility under Section 3-208, reports of audits of facilities, and other public records concerning costs incurred by, revenues received by, and reimbursement of facilities; and(4) Complaints filed against a facility and complaint     investigation reports, except that a complaint or complaint investigation report shall not be disclosed to a person other than the complainant or complainant's representative before it is disclosed to a facility under Section 3-702, and, further, except that a complainant or resident's name shall not be disclosed except under Section 3-702.The Department shall disclose information under this Section in
accordance with provisions for inspection and copying of public records
required by the Freedom of Information Act.However, the disclosure of information described in subsection (1) shall
not be restricted by any provision of the Freedom of Information Act.(Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.) (210 ILCS 45/2-206) (from Ch. 111 1/2, par. 4152-206)Sec. 2-206. 
		
		(a) The Department shall respect the confidentiality of a
resident's record and shall not divulge or disclose the contents of a
record in a manner which identifies a resident, except upon a resident's
death to a relative or guardian, or under judicial proceedings.  This
Section shall not be construed to limit the right of a resident to inspect
or copy the resident's records.(b) Confidential medical, social, personal, or financial information
identifying a resident shall not be available for public inspection in a
manner which identifies a resident.
		(Source: P.A. 81-1349.) (210 ILCS 45/2-207) (from Ch. 111 1/2, par. 4152-207)Sec. 2-207. 
		
		(a) Each year the Department shall publish a Directory
for each public health region listing facilities to be made available to
the public and be available at all Department offices.  The Department
may charge a fee for the Directory.  The Directory shall contain, at a
minimum, the following information:(1) The name and address of the facility;(2) The number and type of licensed beds;(3) The name of the cooperating hospital, if any;(4) The name of the administrator;(5) The facility telephone number; and(6) Membership in a provider association and accreditation by any
such organization.(b) Detailed information concerning basic costs for care and
operating policies shall be available to the public upon request at each
facility.  However, a facility may refuse to make available any proprietary
operating policies to the extent such facility reasonably believes such
policies may be revealed to a competitor.
		(Source: P.A. 81-1349.) (210 ILCS 45/2-208) (from Ch. 111 1/2, par. 4152-208)Sec. 2-208. 
		
		A facility shall immediately notify the resident's next of
kin, representative and physician of the resident's death or when the resident's
death appears to be imminent.
		(Source: P.A. 81-223.) (210 ILCS 45/2-209) (from Ch. 111 1/2, par. 4152-209)Sec. 2-209. 
		
		A facility shall admit only that number of residents for which
it is licensed.
		(Source: P.A. 81-223.) (210 ILCS 45/2-210) (from Ch. 111 1/2, par. 4152-210)Sec. 2-210. 
		
		A facility shall establish written policies and procedures
to implement the responsibilities and rights provided in this Article.
The policies shall include the procedure for the investigation and resolution
of resident complaints as set forth under Section 3-702.  The policies and
procedures shall be clear and unambiguous and
shall be available for inspection by any person.  A summary of the policies
and procedures, printed in not less than 12 point type, shall be distributed
to each resident and representative.
		(Source: P.A. 81-223.) (210 ILCS 45/2-211) (from Ch. 111 1/2, par. 4152-211)Sec. 2-211. Each resident and resident's guardian or other person
acting for the resident shall be given a written explanation, prepared by
the Office of the State Long Term Care Ombudsman, of all the rights
enumerated in Part 1 of this Article and in Part 4 of Article III.  For
residents of facilities participating in Title XVIII or XIX of the Social
Security Act, the explanation shall include an explanation of residents'
rights enumerated in that Act.  The explanation shall be given at the time
of admission to a facility or as soon thereafter as the condition of the
resident permits, but in no event later than 48 hours after admission, and
again at least annually thereafter.  At the time of the implementation of
this Act each resident shall be given a written summary of all the rights
enumerated in Part 1 of this Article.If a resident is unable to read such written explanation, it shall be
read to the resident in a language the resident understands.  In the case
of a minor or a person having a guardian or other person acting for him,
both the resident and the parent, guardian or other person acting for the
resident shall be fully informed of these rights.
					(Source: P.A. 95-331, eff. 8-21-07.) (210 ILCS 45/2-212) (from Ch. 111 1/2, par. 4152-212)Sec. 2-212. 
		
		The facility shall ensure that its staff is familiar with
and observes the rights and responsibilities enumerated in this Article.
		(Source: P.A. 81-223.) (210 ILCS 45/2-213)Sec. 2-213. Vaccinations.(a) A facility shall annually administer or arrange for administration of a vaccination against influenza to
each
resident, in accordance with the recommendations of the Advisory Committee on
Immunization Practices of the Centers for Disease Control and Prevention that
are most
recent to the time of vaccination, unless the vaccination is medically
contraindicated or
the resident has refused the vaccine. Influenza vaccinations for all residents
age 65 and
over shall be completed by November 30 of each year or as soon as practicable
if vaccine
supplies are not available before November 1. Residents admitted after November
30,
during the flu season, and until February 1 shall, as medically appropriate,
receive an influenza vaccination prior to or upon admission or as soon as
practicable if vaccine
supplies are not available at the time of the admission, unless the vaccine is
medically
contraindicated or the resident has refused the vaccine. In the event that the
Advisory
Committee on Immunization Practices of the Centers for Disease Control and
Prevention
determines that dates of administration other than those stated in this Act are
optimal to
protect the health of residents, the Department is authorized to develop rules
to mandate
vaccinations at those times rather than the times stated in this Act. A
facility shall document in the resident's medical record that an annual
vaccination against influenza
was administered, arranged, refused or medically contraindicated.(b) A facility shall administer or arrange for administration of a pneumococcal
vaccination to each resident, in accordance with the
recommendations of the Advisory Committee on Immunization Practices of the
Centers
for Disease Control and Prevention, who has not received this immunization
prior to or
upon admission to the facility, unless the resident refuses the offer for
vaccination or the
vaccination is medically contraindicated. A facility shall document in each
resident's
medical record that a vaccination against pneumococcal pneumonia was offered
and administered, arranged, refused, or medically contraindicated.(c) All persons seeking admission to a nursing facility shall be verbally screened for risk factors associated with hepatitis B, hepatitis C, and the Human Immunodeficiency Virus (HIV) according to guidelines established by the U.S. Centers for Disease Control and Prevention. Persons who are identified as being at high risk for hepatitis B, hepatitis C, or HIV shall be offered an opportunity to undergo laboratory testing in order to determine infection status if they will be admitted to the nursing facility for at least 7 days and are not known to be infected with any of the listed  viruses. All HIV testing shall be conducted in compliance with the AIDS Confidentiality Act. All persons determined to be susceptible to the hepatitis B virus shall be offered immunization within 10 days of admission to any nursing facility. A facility shall document in the resident's medical record that he or she was verbally screened for risk factors associated with hepatitis B, hepatitis C, and HIV, and whether or not the resident was immunized against hepatitis B. Nothing in this subsection (c) shall apply to a nursing facility licensed or regulated by the Illinois Department of Veterans' Affairs.(d) A skilled nursing facility shall designate a person or persons as Infection Prevention and Control Professionals to develop and implement policies governing control of infections and communicable diseases. The Infection Prevention and Control Professionals shall be qualified through education, training, experience, or certification or a combination of such qualifications. The Infection Prevention and Control Professional's qualifications shall be documented and shall be made available for inspection by the Department.(e) The Department shall provide facilities with educational information on all vaccines recommended by the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices, including, but not limited to, the risks associated with shingles and how to protect oneself  against the varicella-zoster virus. A facility shall distribute the information to: (1) each resident who requests the information; and (2)  each newly admitted resident. The facility may distribute the information to residents electronically. (Source: P.A. 100-1042, eff. 1-1-19.) (210 ILCS 45/2-214)Sec. 2-214. Consumer Choice Information Reports.(a) Every facility shall complete a Consumer Choice Information Report and shall file it with the Office of State Long Term Care Ombudsman electronically as prescribed by the Office. The Report shall be filed annually and upon request of the Office of State Long Term Care Ombudsman.  The Consumer Choice Information Report must be completed by the facility in full.(b) A violation of any of the provisions of this Section constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for the enforcement of this Section.(c) The Department of Public Health shall include verification of the submission of a facility's current Consumer Choice Information Report when conducting an inspection pursuant to Section 3-212.
(Source: P.A. 95-823, eff. 1-1-09.) (210 ILCS 45/2-215)Sec. 2-215. Conflicts with the Department of Veterans' Affairs Act. If
there is a conflict between the provisions of this Act and the provisions of
the
Department of Veterans'  Affairs Act concerning an Illinois Veterans Home not
operated by the Department of Veterans' Affairs, then the provisions of this
Act shall apply.
(Source: P.A. 100-143, eff. 1-1-18.) (210 ILCS 45/2-216)Sec. 2-216. Notification of identified offenders.  Every licensed facility shall provide to every prospective and current resident and resident's guardian, and to every facility employee, a written notice, prescribed by the Illinois Department of Public Health, advising the resident, guardian, or employee of his or her right to ask whether any residents of the facility are identified offenders. The notice shall also be prominently posted within every licensed facility. The notice shall include a statement that information regarding registered sex offenders may be obtained from the Illinois State Police website and that information regarding persons serving terms of parole or mandatory supervised release may be obtained from the Illinois Department of Corrections website.
					(Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.) (210 ILCS 45/2-217)Sec. 2-217. Order for transportation of resident by an ambulance service provider. If a facility orders medi-car, service car, or ground ambulance transportation of a resident of the facility by an ambulance service provider, the facility must maintain a written record that shows (i) the name of the person who placed the order for that transportation and (ii) the medical reason for that transportation. Additionally, the facility must provide the  ambulance service provider with a Physician Certification Statement on a form prescribed by the Department of Healthcare and Family Services in accordance with subsection (g) of Section 5-4.2 of the Illinois Public Aid Code. The  facility shall provide a copy of the Physician Certification Statement to the ambulance service provider prior to or  at the time of transport. The Physician Certification Statement is not required prior to the transport if a delay in transport can be expected to negatively affect the patient outcome; however, the facility shall provide a copy of the Physician Certification Statement to the ambulance service  provider at no charge within 10 days after the request. A facility shall, upon request, furnish assistance to the transportation provider in the completion of the form if the Physician Certification Statement is incomplete. The facility must maintain the record for a period of at least 3 years after the date of the order for transportation by ambulance.
(Source: P.A. 100-646, eff. 7-27-18.)
(210 ILCS 45/Art. III heading) ARTICLE III 
LICENSING, ENFORCEMENT, VIOLATIONS, PENALTIES AND REMEDIES (210 ILCS 45/Art. III Pt. 1 heading) PART 1.  
		LICENSING (210 ILCS 45/3-101) (from Ch. 111 1/2, par. 4153-101)Sec. 3-101. 
		
		The Department shall establish a comprehensive system of
licensure for facilities in accordance with this Act for the purposes of:(1) Protecting the health, welfare, and safety of residents; and(2) Assuring the accountability for reimbursed care provided in certified
facilities participating in a federal or State health program.
		(Source: P.A. 83-1530.) (210 ILCS 45/3-101.5)Sec. 3-101.5. Illinois Veterans Homes. An Illinois Veterans Home licensed under this Act and operated by the Illinois Department of Veterans' Affairs is exempt from the license fee provisions of Section 3-103 of this Act and the provisions of Sections 3-104 through 3-106, 3-202.5, 3-208, 3-302, 3-303, and 3-503 through 3-517 of this Act. A monitor or receiver shall be placed in an Illinois Veterans Home only by court order or by agreement between the Director of Public Health, the Director of Veterans' Affairs, and the Secretary of the United States Department of Veterans Affairs.
(Source: P.A. 99-314, eff. 8-7-15.) (210 ILCS 45/3-102) (from Ch. 111 1/2, par. 4153-102)Sec. 3-102. 
		
		No person may establish, operate, maintain, offer or advertise
a facility within this State unless and until he obtains a valid license
therefor as hereinafter provided, which license remains unsuspended, unrevoked
and unexpired.  No public official or employee may place any person in,
or recommend that any person be placed in, or directly or indirectly cause
any person to be placed in any facility which is being operated without a valid license.
		(Source: P.A. 81-223.) (210 ILCS 45/3-102.1) (from Ch. 111 1/2, par. 4153-102.1)Sec. 3-102.1. 
		
		If the Department is denied access to a private home,
institution, building, residence or any other place which it reasonably
believes is required to be licensed as a facility under this Act, it shall
request intervention of local, county or State law enforcement agencies to
seek an appropriate court order or warrant to examine or interview the
residents of such private home, institution, building, residence or place.
Any person or entity preventing the Department from carrying out its duties
under this Section shall be guilty of a violation of this Act and shall be
subject to such penalties related thereto.
		(Source: P.A. 83-1530.) (210 ILCS 45/3-102.2)Sec. 3-102.2. 
		Supported congregate living arrangement demonstration. 
		The
Illinois Department may grant no more than 3 waivers from the requirements of
this Act for facilities participating in the supported
congregate living arrangement demonstration.  A joint waiver request must be
made by an applicant and the Department on Aging.  If the Department on Aging
does not act upon an application within 60 days, the applicant may submit a
written waiver request on its own behalf.  The waiver request must include a
specific program plan describing the types of residents to be served and the
services that will be provided in the facility.  The Department shall conduct
an on-site review at each facility annually or as often as necessary to
ascertain compliance with the program plan.  The Department may revoke the
waiver if it determines that the facility is not in compliance with the program
plan.  Nothing in this Section prohibits the Department from conducting
complaint investigations.A facility granted a waiver under this Section is not subject to the
Illinois
Health Facilities Planning Act, unless it subsequently
applies for a
certificate
of need to convert to a nursing facility.  A facility applying for conversion
shall meet the licensure and
certificate of need requirements in effect as of the date of application,  and
this provision may not be waived.
		(Source: P.A. 89-530, eff. 7-19-96.) (210 ILCS 45/3-102.3)Sec. 3-102.3. Religious and recreational activities; social isolation.(a) In this Section:"Assistive and supportive technology and devices" means computers, video conferencing equipment, distance based communication technology, or other technological equipment, accessories, or electronic licenses as may be necessary to ensure that residents are able to engage in face-to-face, verbal-based, or auditory-based contact, communication, religious activity, or recreational activity with other facility residents and with family members, friends, loved ones, caregivers, and other external support systems, through electronic means, in accordance with the provisions of paragraphs (2) and (3) of subsection (c)."Religious and recreational activities" includes any religious, social, or recreational activity that is consistent with a resident's preferences and choosing, regardless of whether the activity is coordinated, offered, provided, or sponsored by facility staff or by an outside activities provider."Resident's representative" has the same meaning as provided in Section 1-123."Social isolation" means a state of isolation wherein a resident of a long-term care facility is unable to engage in social interactions and religious and recreational activities with other facility residents or with family members, friends, loved ones, caregivers and external support systems."Virtual visitation" means the use of face-to-face, verbal-based, or auditory-based contact through electronic means.(b) The Department shall:(1) require each long-term care facility in the State     to adopt and implement written policies, provide for the availability of assistive and supportive technology and devices to facility residents, and ensure that appropriate staff are in place to help prevent the social isolation of facility residents; and(2) communicate regularly with the Department of     Healthcare and Family Services and the Department on Aging regarding intergovernmental cooperation concerning best practices for potential funding for facilities to mitigate the potential for racial disparities as an unintended consequence of this Act.The virtual visitation policies  shall not be interpreted as a substitute for in-person visitation, but shall be wholly in addition to existing in-person visitation policies.(c) The social isolation prevention policies adopted by each long-term care facility pursuant to subsection (b) shall be consistent with rights and privileges guaranteed to residents and constraints provided under Sections 2-108, 2-109, and 2-110 and shall include the following:(1) authorization and inclusion of specific protocols     and procedures to encourage and enable residents of the facility to engage in in-person contact, communication, religious activity, and recreational activity with other facility residents and with family members, friends, loved ones, caregivers, and other external support systems, except when prohibited, restricted, or limited  by federal or State statute, rule, regulation, executive order, or guidance;(2) authorization and inclusion of specific protocols     and procedures to encourage and enable residents to engage in face-to-face, verbal-based, or auditory-based contact, communication, religious activity, and recreational activity with other facility residents and with family members, friends, loved ones, caregivers, and other external support systems through the use of electronic or virtual means and methods, including, but not limited to, computer technology, the Internet, social media, videoconferencing, videophone, and other innovative technological means or methods, whenever the resident is subject to restrictions that limit his or her ability to engage in in-person contact, communication, religious activity, or recreational activity as authorized by paragraph (1) and when the technology requested is not being used by other residents in the event of a limited number of items of technology in a facility;(3) a mechanism for residents of the facility or the     residents' representatives to request access to assistive and supportive technology and devices as may be necessary to facilitate the residents' engagement in face-to-face, verbal-based, or auditory-based contact, communication, religious activity, and recreational activity with other residents, family members, friends, and other external support systems, through electronic means, as provided by paragraph (2);(4) specific administrative policies, procedures, and     protocols governing:(A) the acquisition, maintenance, and replacement         of assistive and supportive technology and devices;(B) the use of environmental barriers and other         controls when the assistive and supportive technology and devices acquired pursuant to subparagraph (A) are in use, especially in cases where the assistive and supportive technology and devices are likely to become contaminated with bodily substances, are touched frequently, or are difficult to clean; and(C) the regular cleaning of the assistive and         supportive technology and devices acquired pursuant to subparagraph (A) and any environmental barriers or other physical controls used in association therewith;(5) a requirement that (i) upon admission and (ii) at     the request of a resident or the resident's representative, appropriate staff shall develop and update an individualized virtual visitation schedule while taking into account the individual's requests and preferences with respect to the residents' participation in social interactions and religious and recreational activities;(6) a requirement that appropriate staff, upon the     request of a resident or the resident's family members, guardian, or     representative, shall develop an individualized virtual visitation schedule for the resident, which shall:(A) address the need for a virtual visitation         schedule and establish a virtual visitation schedule if deemed to be appropriate;(B) identify the assessed needs and preferences         of        the resident and any preferences specified by the         resident's representative, unless a preference         specified by the resident conflicts with a preference         specified by the resident's representative, in which         case the resident's preference shall take priority;(C) document the long-term care facility's         defined         virtual hours of visitation and inform the resident         and the resident's representative that virtual visitation         pursuant to paragraph (2) of subsection (c) will         adhere to the defined visitation hours;(D) describe the location within the facility and         assistive and supportive technology and devices to be used in virtual visitation; and(E)             describe the respective         responsibilities of         staff, visitors, and the resident when engaging in         virtual visitation pursuant to the individualized visitation         plan;(7) a requirement (i) upon admission and (ii) at the     request of the resident or the resident's representative, to provide notification to the resident and the resident's representative that they have the right to request of facility staff the creation and review of a resident's individualized virtual visitation schedule;(8) a requirement (i) upon admission and (ii) at the     request of the resident or resident's representative, to provide, in writing to the resident or resident's representative,  virtual visitation hours, how to schedule a virtual visitation, and how to request assistive and supportive technology and devices;(9) specific policies, protocols, and     procedures     governing a resident's requisition, use, and return of assistive and supportive technology and devices maintained pursuant to     subparagraph (A) of paragraph (4), and require appropriate     staff to communicate those policies, protocols, and     procedures to residents; and(10) the designation of at least one member of the     therapeutic recreation or activities department, or, if the facility does not have such a department, the designation of at least one senior staff member, as determined by facility management, to train other appropriate facility employees, including, but not limited to, activities professionals and volunteers, social workers, occupational therapists, and therapy assistants, to provide direct assistance to residents upon request and on an as-needed basis, as necessary to ensure that each resident is able to successfully access and use, for the purposes specified in paragraphs (2) and (3) of this subsection, the assistive and supportive technology and devices acquired pursuant to subparagraph (A) of paragraph (4).(d) A long-term care facility may apply to the Department for civil monetary
penalty fund grants for assistive and supportive technology and devices and may request other available federal
and State funds.(e) The Department shall determine whether a long-term
care facility is in compliance with the provisions of this
Section and the policies, protocols, and procedures adopted
pursuant to this Section in accordance with the Nursing Home Care Act for surveys and inspections.In addition to any other applicable penalties provided by law, a long-term care facility that fails to comply with the provisions of this Section or properly implement the policies, protocols, and procedures adopted pursuant to subsection (b) shall be liable to pay an administrative penalty as a Type "C" violation, the amount of which shall be determined in accordance with a schedule established by the Department by rule. The schedule shall provide for an enhanced administrative penalty in the case of a repeat or ongoing violation. Implementation of an administrative penalty as a Type "C" violation under this subsection shall not be imposed prior to January 1, 2023.(f) Whenever a complaint received by the Office of State Long Term Care Ombudsman discloses evidence that a long-term care facility has failed to comply with the provisions of this Section or to properly implement the policies, protocols, and procedures adopted pursuant to subsection (b), the Office of State Long Term Care Ombudsman shall refer the matter to the Department.(g) This Section does not impact, limit, or constrict a resident's right to or usage of his or her personal property or electronic monitoring under Section 2-115.(h) Specific protocols and procedures shall be developed to
    ensure that the quantity of assistive and supportive technology and devices maintained on-site at the facility remains sufficient, at all times, to meet the assessed social and activity needs and preferences of each facility resident. Residents' family members or caregivers should be considered, as appropriate, in the assessment and reassessment.(i) Within 60 days after the effective date of this amendatory Act of the 102nd General Assembly, the Department shall file rules necessary to implement the provisions of this Section. The rules shall include, but need not be limited to, minimum standards for the social isolation prevention policies to be adopted pursuant to subsection (b), a penalty schedule to be used pursuant to subsection (e), and policies
regarding a long-term care facility's Internet access and
subsequent Internet barriers in relation to a resident's
virtual visitation plan pursuant to paragraph (2) of subsection (c).(j) The Department's rules under subsection (i) shall take into account Internet bandwidth limitations outside of the control of a long-term care facility.(k) Nothing in this Section shall be interpreted to mean that addressing the issues of social isolation shall take precedence over providing for the health and safety of the residents. 
(Source: P.A. 102-640, eff. 8-27-21.) (210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)Sec. 3-103. The procedure for obtaining a valid license shall be as follows:(1) Application to operate a facility shall be made     to the Department on forms furnished by the Department.(2) All license applications shall be accompanied     with an application fee. The fee for an annual license shall be $1,990. Facilities that pay a fee or assessment pursuant to Article V-C of the Illinois Public Aid Code shall be exempt from the license fee imposed under this item (2). The fee for a 2-year license shall be double the fee for the annual license. The fees collected shall be deposited with the State Treasurer into the Long Term Care Monitor/Receiver Fund, which has been created as a special fund in the State treasury. This special fund is to be used by the Department for expenses related to the appointment of monitors and receivers as contained in Sections 3-501 through 3-517 of this Act, for the enforcement of this Act, for expenses related to surveyor development, and for implementation of the Abuse Prevention Review Team Act. All federal moneys received as a result of expenditures from the Fund shall be deposited into the Fund. The Department may reduce or waive a penalty pursuant to Section 3-308 only if that action will not threaten the ability of the Department to meet the expenses required to be met by the Long Term Care Monitor/Receiver Fund. The application shall be under oath and the submission of false or misleading information shall be a Class A misdemeanor. The application shall contain the following information:(a) The name and address of the applicant if an         individual, and if a firm, partnership, or association, of every member thereof, and in the case of a corporation, the name and address thereof and of its officers and its registered agent, and in the case of a unit of local government, the name and address of its chief executive officer;(b) The name and location of the facility for         which a license is sought;(c) The name of the person or persons under whose         management or supervision the facility will be conducted;(d) The number and type of residents for which         maintenance, personal care, or nursing is to be provided; and(e) Such information relating to the number,         experience, and training of the employees of the facility, any management agreements for the operation of the facility, and of the moral character of the applicant and employees as the Department may deem necessary.(3) Each initial application shall be accompanied by     a financial statement setting forth the financial condition of the applicant and by a statement from the unit of local government having zoning jurisdiction over the facility's location stating that the location of the facility is not in violation of a zoning ordinance. An initial application for a new facility shall be accompanied by a permit as required by the "Illinois Health Facilities Planning Act". After the application is approved, the applicant shall advise the Department every 6 months of any changes in the information originally provided in the application.(4) Other information necessary to determine the     identity and qualifications of an applicant to operate a facility in accordance with this Act shall be included in the application as required by the Department in regulations.(Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10; 96-1504, eff. 1-27-11; 96-1530, eff. 2-16-11; 97-489, eff. 1-1-12.) (210 ILCS 45/3-104) (from Ch. 111 1/2, par. 4153-104)Sec. 3-104. 
		
		Any city, village or incorporated town may by ordinance
provide for the licensing and regulation of a facility or any
classification of such facility, as defined herein, within such
municipality, provided that the ordinance requires compliance with at
least the minimum requirements established by the Department under this
Act.  The licensing and enforcement provisions of the municipality shall
fully comply with this Act, and the municipality shall make available
information as required by this Act.  Such compliance shall be
determined by the Department subject to review as provided in Section
3-703.  Section 3-703 shall also be applicable to the judicial review of
final administrative decisions of the municipality under this Act.
		(Source: P.A. 81-1349.) (210 ILCS 45/3-105) (from Ch. 111 1/2, par. 4153-105)Sec. 3-105. 
		
		Any city, village or incorporated town which has or may have
ordinances requiring the licensing and regulation of facilities with
at least the minimum
standards established by the Department under this Act, shall make such
periodic reports to the Department as the Department deems necessary.  This
report shall include a list of those facilities licensed by such municipality,
the number of beds of each facility and the date the license of each facility
is effective.
		(Source: P.A. 81-223.) (210 ILCS 45/3-106) (from Ch. 111 1/2, par. 4153-106)Sec. 3-106. 
		
		(a) Upon receipt of notice and proof from an applicant or
licensee that he has received a license or renewal thereof from a city,
village or incorporated town, accompanied by the required license or renewal
fees, the Department shall
issue a license or renewal license to such person.  The Department shall
not issue a license hereunder to any person who has failed to qualify for
a municipal license.  If the issuance of a license by the
Department antedates regulatory action by a municipality, the municipality
shall issue a local license unless the standards and requirements under
its ordinance or resolution are greater than those prescribed under this Act.(b) In the event that the standards and requirements under the ordinance
or resolution of the municipality are greater than those prescribed under
this Act, the license issued by the Department shall remain in effect pending
reasonable   opportunity provided by the municipality, which shall be not
less than 60 days, for the licensee to comply with the local requirements.
Upon notice by the municipality, or upon the Department's own determination
that the licensee has failed to qualify for a local license, the Department
shall revoke such license.
		(Source: P.A. 81-223.) (210 ILCS 45/3-107) (from Ch. 111 1/2, par. 4153-107)Sec. 3-107. 
		
		The Department and the city, village or incorporated town shall
have the right at any time to visit and inspect the premises and personnel
of any facility for the purpose of determining whether the applicant or
licensee is in compliance with this Act or with the local ordinances which
govern the regulation of the facility.  The Department may survey any former
facility which once held a license to ensure that the facility is not again
operating without a license. Municipalities may charge a reasonable license
or renewal fee for the regulation of facilities, which fees shall be in
addition to the fees paid to the Department.
		(Source: P.A. 81-223.) (210 ILCS 45/3-107.1) (from Ch. 111 1/2, par. 4153-107.1)Sec. 3-107.1. 
		
		Notwithstanding any other provision of this Act, the Attorney
General, the State's Attorneys and various law enforcement agencies of
this State and its political subdivisions shall have full and open access
to any facility pursuant to Article 108 of the Code of Criminal Procedure
of 1963 in the exercise of their investigatory and prosecutorial
powers in the enforcement of the criminal laws of this State. Furthermore,
the Attorney General, the State's Attorneys and law enforcement agencies
of this State shall inform the Department of any violations of this Act of
which they have knowledge. Disclosure of matters before a grand jury shall
be made in accordance with Section 112-6 of the Code of Criminal Procedure of 1963.
		(Source: P.A. 83-1530.) (210 ILCS 45/3-108) (from Ch. 111 1/2, par. 4153-108)Sec. 3-108. The Department shall coordinate the functions within State
government affecting facilities licensed under this Act and shall cooperate
with other State agencies which establish standards or requirements for
facilities to assure necessary, equitable, and consistent State supervision
of licensees without unnecessary duplication of survey, evaluation, and
consultation services or complaint investigations.  The Department shall
cooperate with the Department of Human Services in regard to facilities
containing more than 20%
of residents for whom the Department of Human Services has mandated
follow-up responsibilities under the Mental Health and Developmental
Disabilities
Administrative Act.The Department shall cooperate with the Department of Healthcare and Family Services in regard
to facilities where recipients of public aid are residents.The Department shall immediately refer to the Department of Professional
Regulation for investigation any credible evidence of which it has knowledge
that an individual licensed by that Department has violated this Act or any
rule issued under this Act.The Department shall enter into agreements with other State Departments,
agencies or commissions to effectuate the purpose of this Section.
					(Source: P.A. 95-331, eff. 8-21-07.) (210 ILCS 45/3-108a)Sec. 3-108a. 
		(Repealed). 
		(Source: P.A. 89-507, eff. 7-1-97.  Repealed by P.A. 91-798, eff. 7-9-00.) (210 ILCS 45/3-109) (from Ch. 111 1/2, par. 4153-109)Sec. 3-109. Upon receipt and review of an application for a license
made under this Article and inspection of the applicant facility under
this Article, the Director shall issue a license if he finds:(1) that the individual applicant, or the     corporation, partnership or other entity if the applicant is not an individual, is a person responsible and suitable to operate or to direct or participate in the operation of a facility by virtue of financial capacity, appropriate business or professional experience, a record of compliance with lawful orders of the Department and lack of revocation of a license during the previous 5 years;(2) that the facility is under the supervision of an     administrator who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act, as now or hereafter amended; and(3) that the facility is in substantial compliance     with this Act, and such other requirements for a license as the Department by rule may establish under this Act.					(Source: P.A. 95-331, eff. 8-21-07.) (210 ILCS 45/3-110) (from Ch. 111 1/2, par. 4153-110)Sec. 3-110. 
		
		(a) Any license granted by the Director shall state the
maximum
bed capacity  for which it is granted, the date the license was issued,
and the expiration date. Except as provided in subsection (b), such
licenses shall normally be issued for a
period of one year.  However, the Director may issue licenses or renewals
for periods of not less than 6 months nor more than 18 months for
facilities with annual licenses and not less than 18 months nor more than
30 months for facilities with 2-year licenses in order to
distribute the expiration dates of such licenses throughout the calendar
year, and fees for such licenses shall be prorated on the basis of the
portion of a year for which they are issued. Each license shall be issued
only for the premises and persons named in the application and shall not be
transferable or assignable.The Department shall require the licensee to comply with the requirements
of a court order issued under Section 3-515, as a condition of licensing.(b) A license for a period of 2 years shall be issued to a
facility if the facility:(1) has not received a Type A violation within the     last 24 months;(2) has not received a Type B violation within the     last 24 months;(3) has not had an inspection, survey, or evaluation     that resulted in the issuance of 10 or more administrative warnings in the last 24 months;(4) has not had an inspection, survey, or evaluation     that resulted in an administrative warning issued for a violation of Sections 3-401 through 3-413 in the last 24 months;(5) has not been issued an order to reimburse a     resident for a violation of Article II under subsection (6) of Section 3-305 in the last 24 months; and(6) has not been subject to sanctions or     decertification for violations in relation to patient care of a facility under Titles XVIII and XIX of the federal Social Security Act within the last 24 months.If a facility with a 2-year license fails to meet the conditions
in items (1) through (6) of this subsection, in
addition to any other sanctions that may be applied by the Department
under this Act, the facility's 2-year license shall be replaced by a
one-year license until such time as the facility again meets the conditions in
items (1) through (6) of this subsection.
		(Source: P.A. 87-549; 87-1102.) (210 ILCS 45/3-111) (from Ch. 111 1/2, par. 4153-111)Sec. 3-111. 
		
		The issuance or renewal of a license after notice of a violation
has been sent shall not constitute a waiver by the Department of its power
to rely on the violation as the basis for subsequent license revocation
or other enforcement action under this Act arising out of the notice of violation.
		(Source: P.A. 81-223.) (210 ILCS 45/3-112) (from Ch. 111 1/2, par. 4153-112)Sec. 3-112. 
(a) Whenever ownership of a facility is transferred from the
person named in the license to any other person, the transferee must obtain
a new probationary license. The transferee shall notify the Department of
the transfer and apply for a new license at least 30 days prior to final transfer.(b) The transferor shall notify the Department at least 30 days prior
to final transfer. The transferor shall remain responsible for the operation
of the facility until such time as a license is issued to the transferee.
(Source: P.A. 98-756, eff. 7-16-14.) (210 ILCS 45/3-113) (from Ch. 111 1/2, par. 4153-113)Sec. 3-113. The license granted to the transferee shall be subject to
the plan of correction submitted by the previous owner and approved by the
Department and any conditions contained in a conditional license issued
to the previous owner.  If there are outstanding violations and no approved
plan of correction has been implemented, the Department may issue a conditional
license and plan of correction as provided in Sections 3-311
through 3-317. The license granted to a transferee for a facility that is in receivership shall be subject to any contractual obligations assumed by a grantee under the Equity in Long-term Care Quality Act and to the plan submitted by the receiver for continuing and increasing adherence to best practices in providing high-quality nursing home care, unless the grant is repaid, under conditions to be determined by rule by the Department in its administration of the Equity in Long-term Care Quality Act. (Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/3-114) (from Ch. 111 1/2, par. 4153-114)Sec. 3-114. 
		
		The transferor shall remain liable for all penalties assessed
against the facility which are imposed for violations occurring prior to
transfer of ownership.
		(Source: P.A. 81-223.) (210 ILCS 45/3-115) (from Ch. 111 1/2, par. 4153-115)Sec. 3-115. License renewal application. At least 120 days but not more
than 150 days prior to license
expiration, the licensee shall submit an application
for renewal of the license in such form and containing such information
as the Department requires. If the application is approved, the license
shall be renewed in accordance with Section 3-110 at the request of the licensee.
The renewal application for a sheltered care or long-term care facility shall
not be
approved unless the applicant has provided to the Department an accurate
disclosure document in accordance with the Alzheimer's Disease and Related Dementias Special Care
Disclosure
Act.
If application for renewal
is not timely filed, the Department shall so inform the licensee.
(Source: P.A. 96-990, eff. 7-2-10; 96-1275, eff. 7-26-10; 97-333, eff. 8-12-11.) (210 ILCS 45/3-116) (from Ch. 111 1/2, par. 4153-116)Sec. 3-116. 
		
		If the applicant has not been previously licensed or if the
facility is not in operation at the time application is made, the Department
shall issue only a probationary license. A probationary license shall be
valid for 120 days unless sooner suspended or revoked under Section 3-119.
Within 30 days prior to the termination of a probationary license, the Department
shall fully and completely inspect the facility and, if the facility meets
the applicable requirements for licensure, shall issue a license under Section
3-109.  If the Department finds that the facility does not meet the requirements
for licensure but has made substantial progress toward meeting those requirements,
the license may be renewed once for a period not to exceed 120 days from
the expiration date of the initial probationary license.
		(Source: P.A. 81-223.) (210 ILCS 45/3-117) (from Ch. 111 1/2, par. 4153-117)Sec. 3-117. An application for a license may be denied for any of the
following reasons:(1) Failure to meet any of the minimum standards set     forth by this Act or by rules and regulations promulgated by the Department under this Act.(2) Conviction of the applicant, or if the applicant     is a firm, partnership or association, of any of its members, or if a corporation, the conviction of the corporation or any of its officers or stockholders, or of the person designated to manage or supervise the facility, of a felony, or of 2 or more misdemeanors involving moral turpitude, during the previous 5 years as shown by a certified copy of the record of the court of conviction.(3) Personnel insufficient in number or unqualified     by training or experience to properly care for the proposed number and type of residents.(4) Insufficient financial or other resources to     operate and conduct the facility in accordance with standards promulgated by the Department under this Act and with contractual obligations assumed by a recipient of a grant under the Equity in Long-term Care Quality Act and the plan (if applicable) submitted by a grantee for continuing and increasing adherence to best practices in providing high-quality nursing home care.(5) Revocation of a facility license during the     previous 5 years, if such prior license was issued to the individual applicant, a controlling owner or controlling combination of owners of the applicant; or any affiliate of the individual applicant or controlling owner of the applicant and such individual applicant, controlling owner of the applicant or affiliate of the applicant was a controlling owner of the prior license; provided, however, that the denial of an application for a license pursuant to this subsection must be supported by evidence that such prior revocation renders the applicant unqualified or incapable of meeting or maintaining a facility in accordance with the standards and rules promulgated by the Department under this Act.(6) That the facility is not under the direct     supervision of a full-time administrator, as defined by regulation, who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act.(7) That the facility is in receivership and the     proposed licensee has not submitted a specific detailed plan to bring the facility into compliance with the requirements of this Act and with federal certification requirements, if the facility is certified, and to keep the facility in such compliance. (Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.) (210 ILCS 45/3-118) (from Ch. 111 1/2, par. 4153-118)Sec. 3-118. 
		
		Immediately upon the denial of any application or reapplication
for a license under this Article, the Department shall notify the applicant
in writing. Notice of denial shall include a clear and concise statement
of the violations of Section 3-117 on which denial is based and notice of
the opportunity for a hearing under Section 3-703.  If the applicant desires
to contest the denial of a license, it shall provide written notice to the
Department of a request for a hearing within 10 days after receipt of the
notice of denial. The Department shall commence the hearing under Section 3-703.
		(Source: P.A. 81-223.) (210 ILCS 45/3-119) (from Ch. 111 1/2, par. 4153-119)Sec. 3-119. (a) The Department, after notice to the applicant or
licensee, may suspend, revoke or refuse to renew a license in any case
in which the  Department finds any of the following:(1) There has been a substantial failure to comply     with this Act or the rules and regulations promulgated by the Department under this Act. A substantial failure by a facility shall include, but not be limited to, any of the following:(A) termination of Medicare or Medicaid         certification by the Centers for Medicare and Medicaid Services; or(B) a failure by the facility to pay any fine         assessed under this Act  after the Department has sent to the facility at least  2 notices of assessment that include a schedule of payments as determined by the Department, taking into account extenuating circumstances and financial hardships of the facility.(2) Conviction of the licensee, or of the person     designated to manage or supervise the facility, of a felony, or of 2 or more misdemeanors involving moral turpitude, during the previous 5 years as shown by a certified copy of the record of the court of conviction.(3) Personnel is insufficient in number or     unqualified by training or experience to properly care for the number and type of residents served by the facility.(4) Financial or other resources are insufficient to     conduct and operate the facility in accordance with standards promulgated by the Department under this Act.(5) The facility is not under the direct supervision     of a full-time administrator, as defined by regulation, who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act.(6) The facility has committed 2 Type "AA" violations     within a 2-year period.(b) Notice under this Section shall include a clear and concise
statement of the violations on which the nonrenewal or revocation is
based, the statute or rule violated and notice of the opportunity for a
hearing under Section 3-703.(c) If a facility desires to contest the nonrenewal or revocation of
a license, the facility shall, within 10 days after receipt of notice
under subsection (b) of this Section, notify the Department in writing
of its request for a hearing under Section 3-703.  Upon receipt of the
request the Department shall send notice to the facility and hold a
hearing as provided under Section 3-703.(d) The effective date of nonrenewal or revocation of a license by
the Department shall be any of the following:(1) Until otherwise ordered by the circuit court,     revocation is effective on the date set by the Department in the notice of revocation, or upon final action after hearing under Section 3-703, whichever is later.(2) Until otherwise ordered by the circuit court,     nonrenewal is effective on the date of expiration of any existing license, or upon final action after hearing under Section 3-703, whichever is later; however, a license shall not be deemed to have expired if the Department fails to timely respond to a timely request for renewal under this Act or for a hearing to contest nonrenewal under paragraph (c).(3) The Department may extend the effective date of     license revocation or expiration in any case in order to permit orderly removal and relocation of residents.The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay any final assessment
of tax, penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.) (210 ILCS 45/3-120)Sec. 3-120. Certification of behavioral management units.(a) No later than January 1, 2022, the Department shall file with the Secretary of State's Office, pursuant to the Illinois Administrative Procedure Act, proposed rules or proposed amendments to existing rules   to certify nursing homes or distinct self-contained units within existing nursing homes for the behavioral management of persons with a high risk of aggression. The purpose of the certification program is to ensure that the safety of  residents, employees,  and the  public is preserved. No more than 3 facilities shall be certified in the first 3 years after the effective date of this amendatory Act of the 102nd General Assembly. Prior to the expansion of the number of certified facilities, the Department shall collaborate with stakeholders, including, but not limited to, organizations whose membership consists of congregate long-term care facilities, to evaluate the efficacy of the certification program.(b) The Department's  rules shall, at a minimum, provide for the following:(1) A security and safety assessment, completed     before  admission to a certified unit if an Identified Offender Report and Recommendation or other criminal risk analysis has not been completed, to identify existing or potential residents at risk of committing violent acts  and determine appropriate preventive action to be taken. The assessment  shall include, but need not be limited to, (i)  a measure of the frequency of, (ii)  an identification of the precipitating factors  for,  and (iii) the  consequences of, violent acts. The security and safety assessment shall be  in addition to any risk-of-harm assessment performed by a PAS screener, but may use the results of this or any other assessment.  The security and safety assessment shall be completed by the same licensed forensic psychologist who  prepares Identified Offender Reports and Recommendations for identified offenders.(2) Development of an individualized treatment and      behavior management plan for each resident  to reduce overall and specific risks.(3) Room selection and appropriateness of roommate     assignment.(4) Protection of residents, employees, and members     of the public from aggression by residents.(5) Supervision and monitoring.(6) Staffing levels.(7) Quality assurance and improvement.(8) Staff training, conducted during orientation and     periodically thereafter, specific to each job description covering the following topics as appropriate:(A) The violence escalation cycle.(B) Violence predicting factors.(C) Obtaining a history from a resident with a         history of violent behavior.(D) Verbal and physical techniques to de-escalate         and minimize violent behavior.(E) Strategies to avoid physical harm.(F) Containment techniques, as permitted and         governed by law.(G) Appropriate treatment to reduce violent         behavior.(H) Documenting and reporting incidents of         violence.(I) The process whereby employees affected by a         violent act may be debriefed or calmed down and the tension of the situation may be reduced.(J) Any resources available to employees for         coping with violence.(K) Any other topic deemed appropriate based on         job description and the needs of this population.(9) Elimination or reduction of environmental factors     that affect resident  safety.(10) Periodic independent reassessment of the     individual resident for appropriateness of continued placement on the certified unit. For the purposes of this paragraph (10), "independent" means that no professional or financial relationship exists between any person making the assessment and any community provider or long term care facility.(11) A definition of a "person with high risk of     aggression". The definition shall not include any person with a serious mental illness who is eligible to receive services under the Specialized Mental Health Rehabilitation Act of 2013.The Department shall develop the administrative rules under this subsection (b)  in collaboration with other relevant State agencies and in consultation with (i)  advocates for residents, (ii)  providers of nursing home services, and (iii) labor and employee-representation organizations.(c) A long term care facility found to be out of compliance with the certification requirements under Section 3-120   may be subject to denial, revocation, or suspension of the behavioral management unit  certification or the imposition of sanctions and penalties, including the immediate suspension of new admissions. Hearings shall be conducted pursuant to Part 7 of Article III of this Act.(d) The Department shall establish a certification fee schedule by rule, in consultation with advocates, nursing homes, and representatives of associations representing long term care facilities. 
(Source: P.A. 102-647, eff. 8-27-21.) (210 ILCS 45/Art. III Pt. 2 heading) PART 2.  
		GENERAL PROVISIONS (210 ILCS 45/3-201) (from Ch. 111 1/2, par. 4153-201)Sec. 3-201. 
		
		The Department shall not prescribe the course of medical treatment
provided to an individual resident by the resident's physician in a facility.
		(Source: P.A. 81-223.) (210 ILCS 45/3-202) (from Ch. 111 1/2, par. 4153-202)Sec. 3-202. The Department shall prescribe minimum standards for facilities. These standards shall regulate:(1) Location and construction of the facility,     including plumbing, heating, lighting, ventilation, and other physical conditions which shall ensure the health, safety, and comfort of residents and their protection from fire hazard;(2) Number and qualifications of all personnel,     including management and nursing personnel, having responsibility for any part of the care given to residents; specifically, the Department shall establish staffing ratios for facilities which shall specify the number of staff hours per resident of care that are needed for professional nursing care for various types of facilities or areas within facilities;(3) All sanitary conditions within the facility and     its surroundings, including water supply, sewage disposal, food handling, and general hygiene, which shall ensure the health and comfort of residents;(4) Diet related to the needs of each resident based     on good nutritional practice and on recommendations which may be made by the physicians attending the resident;(5) Equipment essential to the health and welfare of     the residents;(6) A program of habilitation and rehabilitation for     those residents who would benefit from such programs;(7) A program for adequate maintenance of physical     plant and equipment;(8) Adequate accommodations, staff and services for     the number and types of residents for whom the facility is licensed to care, including standards for temperature and relative humidity within comfort zones determined by the Department based upon a combination of air temperature, relative humidity and air movement.  Such standards shall also require facility plans that provide for health and comfort of residents at medical risk as determined by the attending physician whenever the temperature and relative humidity are outside such comfort zones established by the Department. The standards must include a requirement that areas of a nursing home used by residents of the nursing home be air conditioned and heated by means of operable air-conditioning and heating equipment. The areas subject to this air-conditioning and heating requirement include, without limitation, bedrooms or common areas such as sitting rooms, activity rooms, living rooms, community rooms, and dining rooms. No later than July 1, 2008, the Department shall submit a report to the General Assembly concerning the impact of the changes made by this amendatory Act of the 95th General Assembly;(9) Development of evacuation and other appropriate     safety plans for use during weather, health, fire, physical plant, environmental and national defense emergencies; and(10) Maintenance of minimum financial or other     resources necessary to meet the standards established under this Section, and to operate and conduct the facility in accordance with this Act.					(Source: P.A. 95-31, eff. 8-9-07.) (210 ILCS 45/3-202.05)Sec. 3-202.05. Staffing ratios effective July 1, 2010 and thereafter.(a) For the purpose of computing staff to resident ratios, direct care staff shall include:(1) registered nurses;(2) licensed practical nurses;(3) certified nurse assistants;(4) psychiatric services rehabilitation aides;(5) rehabilitation and therapy aides;(6)  psychiatric services rehabilitation coordinators;(7) assistant directors of nursing;(8) 50% of the Director of Nurses' time; and(9) 30% of the Social Services Directors' time.The Department shall, by rule, allow certain facilities subject to 77 Ill. Adm. Code 300.4000 and following (Subpart S) to utilize specialized clinical staff, as defined in rules, to count towards the staffing ratios.Within 120 days of June 14, 2012 (the effective date of Public Act 97-689), the Department shall promulgate rules specific to the staffing requirements for facilities federally defined as Institutions for Mental Disease.  These rules shall recognize the unique nature of individuals with chronic mental health conditions, shall include minimum requirements for specialized clinical staff, including clinical social workers, psychiatrists, psychologists, and direct care staff set forth in paragraphs (4) through (6) and any other specialized staff which may be utilized and deemed necessary to count toward staffing ratios.Within 120 days of June 14, 2012 (the effective date of Public Act 97-689), the Department shall promulgate rules specific to the staffing requirements for facilities licensed under the Specialized Mental Health Rehabilitation Act of 2013.  These rules shall recognize the unique nature of individuals with chronic mental health conditions, shall include minimum requirements for specialized clinical staff, including clinical social workers, psychiatrists, psychologists, and direct care staff set forth in paragraphs (4) through (6) and any other specialized staff which may be utilized and deemed necessary to count toward staffing ratios.(b) (Blank).(b-5) For purposes of the minimum staffing ratios in this Section, all residents shall be classified as requiring either skilled care or intermediate care.As used in this subsection:"Intermediate care" means basic nursing care and other restorative services under periodic medical direction."Skilled care" means skilled nursing care, continuous skilled nursing observations, restorative nursing, and other services under professional direction with frequent medical supervision.(c) Facilities shall notify the Department within 60 days after July 29, 2010 (the effective date of Public Act 96-1372), in a form and manner prescribed by the Department, of the staffing ratios in effect on July 29, 2010 (the effective date of Public Act 96-1372) for both intermediate and skilled care and the number of residents receiving each level of care.(d)(1) (Blank).(2) (Blank).(3) (Blank).(4) (Blank).(5) Effective January 1, 2014, the minimum staffing ratios shall be increased to 3.8 hours of nursing and personal care each day for a resident needing skilled care and 2.5 hours of nursing and personal care each day for a resident needing intermediate care.(e) Ninety days after June 14, 2012 (the effective date of Public Act 97-689), a minimum of 25% of nursing and personal care time shall be provided by licensed nurses, with at least 10% of nursing and personal care time provided by registered nurses.  These minimum requirements shall remain in effect until an acuity based registered nurse requirement is promulgated by rule concurrent with the adoption of the Resource Utilization Group classification-based payment methodology, as provided in Section 5-5.2 of the Illinois Public Aid Code.  Registered nurses and licensed practical nurses employed by a facility in excess of these requirements may be used to satisfy the remaining 75% of the nursing and personal care time requirements. Notwithstanding this subsection, no staffing requirement in statute in effect on June 14, 2012 (the effective date of Public Act 97-689) shall be reduced on account of this subsection.(f) The Department shall submit proposed rules for adoption by January 1, 2020 establishing a system for determining compliance with minimum staffing set forth in this Section and the requirements of 77 Ill. Adm. Code 300.1230 adjusted for any waivers granted under Section 3-303.1. Compliance shall be determined quarterly by comparing the number of hours provided per resident per day using the Centers for Medicare and Medicaid Services' payroll-based journal and the facility's daily census, broken down by intermediate and skilled care as self-reported by the facility to the Department on a quarterly basis. The Department shall use the quarterly payroll-based journal and the self-reported census to calculate the number of hours provided per resident per day and compare this ratio to the minimum staffing standards required under this Section, as impacted by any waivers granted under Section 3-303.1.  Discrepancies between job titles contained in this Section and the payroll-based journal shall be addressed by rule. The manner in which the Department requests payroll-based journal information to be submitted shall align with the federal Centers for Medicare and Medicaid Services' requirements that allow providers to submit the quarterly data in an aggregate manner.(g) Monetary penalties for non-compliance. The Department shall submit proposed rules for adoption by January 1, 2020 establishing monetary penalties for facilities not in compliance with minimum staffing standards under this Section. Facilities shall be required to comply with the provisions of this subsection beginning January 1, 2025. No monetary penalty may be issued for noncompliance prior to the revised implementation date, which shall be January 1, 2025. If a facility is found to be noncompliant prior to the revised implementation date, the Department shall provide a written notice identifying the staffing deficiencies and require the facility to provide a sufficiently detailed correction plan that describes proposed and completed actions the facility will take or has taken, including hiring actions, to address the facility's failure to meet the statutory minimum staffing levels. Monetary penalties shall be imposed beginning no later than July 1, 2025, based on data for the quarter beginning January 1, 2025 through March 31, 2025 and quarterly thereafter. Monetary penalties shall be established based on a formula that calculates on a daily basis the cost of wages and benefits for the missing staffing hours. All notices of noncompliance shall include the computations used to determine noncompliance and establishing the variance between minimum staffing ratios and the Department's computations.  The penalty for the first offense shall be 125% of the cost of wages and benefits for the missing staffing hours.  The penalty shall increase to 150% of the cost of wages and benefits for the missing staffing hours for the second offense and 200% the cost of wages and benefits for the missing staffing hours for the third and all subsequent offenses. The penalty shall be imposed regardless of whether the facility has committed other violations of this Act during the same period that the staffing offense occurred. The penalty may not be waived, but the Department shall have the discretion to determine the gravity of the violation in situations where there is no more than a 10% deviation from the staffing requirements and make appropriate adjustments to the penalty. The Department is granted discretion to waive the penalty when unforeseen circumstances have occurred that resulted in call-offs of scheduled staff. This provision shall be applied no more than 6 times per quarter. Nothing in this Section diminishes a facility's right to appeal the imposition of a monetary penalty.  No facility may appeal a notice of noncompliance issued during the revised implementation period. (Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21; 102-1118, eff. 1-18-23.) (210 ILCS 45/3-202.1) (from Ch. 111 1/2, par. 4153-202.1)Sec. 3-202.1. 
		
		The Department shall develop and implement a system of
alerting and educating facilities and their personnel as to the existence
or possibility of weather or other hazardous circumstances which may
endanger resident health or safety and designating any precautions to
prevent or minimize such danger. The Department may assist any facility
experiencing difficulty in dealing with such emergencies. The Department
may provide for announcement to the public of the dangers posed to facility
residents by such existing or potential weather or hazardous circumstances.
		(Source: P.A. 83-1530.) (210 ILCS 45/3-202.2)Sec. 3-202.2. 
		Rules; residents with mental illness. 
		No later than January 1, 2001, the Department of Public Health shall file with
the Joint Committee on Administrative Rules, pursuant to the Illinois
Administrative Procedure Act, a proposed rule, or a proposed amendment to
an existing rule, regarding the provision of services, including
assessment, care planning, discharge planning, and treatment, by nursing
facilities to residents who have a serious mental illness.
		(Source: P.A. 91-799, eff. 6-13-00.) (210 ILCS 45/3-202.2a)Sec. 3-202.2a. Comprehensive resident care plan. A facility, with the participation of the resident and the resident's guardian or representative, as applicable, must develop and implement a comprehensive care plan for each resident that includes measurable objectives and timetables to meet the resident's medical, nursing, and mental and psychosocial needs that are identified in the resident's comprehensive assessment, which  allow the resident to attain or maintain the highest practicable level of independent functioning, and provide for discharge planning to the least restrictive setting based on the resident's care needs. The assessment shall be developed with the active participation of the resident and the resident's guardian or representative, as applicable.
(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/3-202.2b)Sec. 3-202.2b. Certification of psychiatric rehabilitation program.(a) No later than January 1, 2011, the Department shall file with the Joint Committee on Administrative Rules, pursuant to the Illinois Administrative Procedure Act, proposed rules or proposed amendments to existing rules  to establish a special certification program for compliance with 77 Ill. Admin. Code 300.4000 and following (Subpart S), which provides for psychiatric rehabilitation services that  are required to be offered by a long term care facility licensed under this Act that serves residents with serious mental illness. Compliance with standards promulgated pursuant to this Section must be demonstrated before a long term care facility licensed under this Act is eligible to become certified under this Section and annually thereafter.(b) No long term care facility shall establish, operate, maintain, or  offer psychiatric rehabilitation services, or admit, retain, or seek referrals of  a resident with a serious mental illness diagnosis, unless and until a valid certification, which remains unsuspended, unrevoked, and unexpired, has been issued.(c) A facility that currently serves a resident with serious mental illness may continue to admit such residents until the Department performs a certification review and determines that the facility does not meet the requirements for certification. The Department, at its discretion, may provide an additional 90-day period for the facility to meet the requirements for certification if it finds that the facility has made a good faith effort to comply with all certification requirements and will achieve total compliance with the requirements before the end of the 90-day period. The facility shall be prohibited from admitting residents with serious mental illness until the Department certifies the facility to be in compliance with the requirements of this Section.(d) A facility currently serving residents with serious mental illness that  elects to terminate provision of services to this population must immediately notify the Department of its intent, cease to admit new residents with serious mental illness, and give notice to all existing residents with serious mental illness of their  impending discharge. These residents shall be accorded all rights and assistance provided to a resident being involuntarily discharged and those provided under Section 2-201.5. The facility shall continue to adhere to all requirements of 77 Ill. Admin. Code 300.4000 until all residents with serious mental illness have been discharged.(e) A long term care facility found to be out of compliance with the certification requirements under this Section  may be subject to denial, revocation, or suspension of the psychiatric rehabilitation services  certification or the imposition of sanctions and penalties, including the immediate suspension of new admissions.  Hearings shall be conducted pursuant to Article III, Part 7 of this Act.(f) The Department shall indicate, on its list of licensed long term care facilities, which facilities are certified under this Section and shall distribute this list to the appropriate State agencies charged with administering and implementing the State's program of pre-admission screening and resident review, hospital discharge planners, Area Agencies on Aging, Case Coordination Units, and others upon request.(g) No public official, agent, or employee of the State, or any subcontractor of the State, may refer or arrange for the placement of a person with serious mental illness in a long term care facility that is not certified under this Section. No public official, agent, or employee of the State, or any subcontractor of the State, may place the name of a long term care facility on a list of facilities serving the seriously mentally ill for distribution to the general public or to professionals arranging for placements or making referrals unless the facility is certified under this Section.(h) Certification requirements.  The Department shall establish requirements for certification that augment current quality of care standards for long term care facilities serving residents with serious mental illness, which shall include admission, discharge planning, psychiatric rehabilitation services, development of age-group appropriate treatment plan goals and services, behavior management services, coordination with community mental health services, staff qualifications and training, clinical consultation, resident access to the outside community, and appropriate environment and space for resident programs, recreation, privacy, and any other issue deemed appropriate by the Department.  The augmented standards shall at a minimum include, but need not be limited to, the following:(1) Staff sufficient in number and qualifications     necessary to meet the scheduled and unscheduled needs of the residents on a 24-hour basis. The Department shall establish by rule  the minimum number of psychiatric services rehabilitation coordinators in relation to the number of residents with serious mental illness residing in the facility.(2) The number and qualifications of consultants     required to be contracted with to provide continuing education and training, and to assist with program development.(3) Training for all new employees specific to the     care needs of residents with a serious mental illness diagnosis during their orientation period and annually thereafter. Training shall be independent of the Department and overseen by an agency designated by the Governor to determine the content of all facility employee training and to  provide training for all trainers of facility employees.  Training of employees shall at minimum include, but need not be limited to, (i) the impact of a serious mental illness diagnosis, (ii) the recovery paradigm and the role of psychiatric rehabilitation, (iii) preventive strategies for managing aggression and crisis prevention, (iv) basic psychiatric rehabilitation techniques and service delivery, (v) resident rights, (vi) abuse prevention, (vii) appropriate interaction between staff and residents, and (viii) any other topic deemed by the Department to be important to ensuring quality of care.(4) Quality assessment and improvement requirements,     in addition to those contained in this Act on the effective date of this amendatory Act of the 96th General Assembly, specific to a facility's residential psychiatric rehabilitation services, which shall be made available to the Department upon request.  A facility shall be required at a minimum to develop and maintain policies  and procedures that include, but need not be limited to, evaluation of the appropriateness of resident admissions based on the facility's capacity to meet specific needs, resident assessments, development and implementation of care plans, and discharge planning.(5) Room selection and appropriateness of roommate     assignment.(6) Comprehensive quarterly review of all treatment     plans for residents with serious mental illness by the resident's interdisciplinary team, which takes into account, at a minimum, the resident's progress, prior assessments, and treatment plan.(7) Substance abuse screening and management and     documented referral relationships with certified substance abuse treatment providers.(8) Administration of psychotropic medications to a     resident with serious mental illness who is incapable of giving informed consent, in compliance with the applicable provisions of the Mental Health and Developmental Disabilities Code.(i) The Department shall establish a certification fee schedule by rule, in consultation with advocates, nursing homes, and representatives of associations representing long term care facilities.(j) The Director or her or his designee shall seek input from the Long Term Care Facility Advisory Board before filing rules to implement this Section.Rules proposed no later than January 1, 2011 under this Section shall take effect 180 days after being approved by the Joint Committee on Administrative Rules.
(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/3-202.3)Sec. 3-202.3. (Repealed).
	 
	 (Source: P.A. 94-163, eff. 7-11-05. Repealed by P.A. 94-752, eff. 5-10-06.) (210 ILCS 45/3-202.4)Sec. 3-202.4. (Repealed).
	 
	 (Source: P.A. 94-163, eff. 7-11-05. Repealed by P.A. 94-752, eff. 5-10-06.) (210 ILCS 45/3-202.5)Sec. 3-202.5. Facility plan review; fees.(a) Before commencing construction of a new facility or specified types of
alteration or additions to an existing long term care facility involving
major construction, as defined by rule by the Department, with an
estimated cost greater than $100,000, architectural
drawings and specifications for the facility shall be submitted to the
Department for review and approval.
A facility may submit architectural drawings and specifications for other
construction projects for Department review according to subsection (b) that
shall not be subject to fees under subsection (d).
Review of drawings and specifications shall be conducted by an employee of the
Department meeting the qualifications established by the Department of Central
Management Services class specifications for such an individual's position or
by a person contracting with the Department who meets those class
specifications.  Final approval of the drawings and specifications for
compliance with design and construction standards shall be obtained from the
Department before the alteration, addition, or new construction is begun.(b) The Department shall inform an applicant in writing within 10 working
days after receiving drawings and specifications and the required fee, if any,
from the applicant whether the applicant's submission is complete or
incomplete.  Failure to provide the applicant with this notice within 10
working days shall result in the submission being deemed complete for purposes
of initiating the 60-day review period under this Section.  If the submission
is incomplete, the Department shall inform the applicant of the deficiencies
with the submission in writing.  If the submission is complete the required
fee, if any, has been paid,
the Department shall approve or disapprove drawings and specifications
submitted to the Department no later than 60 days following receipt by the
Department.  The drawings and specifications shall be of sufficient detail, as
provided by Department rule, to
enable the Department to
render a determination of compliance with design and construction standards
under this Act.
If the Department finds that the drawings are not of sufficient detail for it
to render a determination of compliance, the plans shall be determined to be
incomplete and shall not be considered for purposes of initiating the 60 day
review period.
If a submission of drawings and specifications is incomplete, the applicant
may submit additional information.  The 60-day review period shall not commence
until the Department determines that a submission of drawings and
specifications is complete or the submission is deemed complete.
If the Department has not approved or disapproved the
drawings and specifications within 60 days, the construction, major alteration,
or addition shall be deemed approved.  If the drawings and specifications are
disapproved, the Department shall state in writing, with specificity, the
reasons for the disapproval.  The entity submitting the drawings and
specifications may submit additional information in response to the written
comments from the Department or request a reconsideration of the disapproval.
A final decision of approval or disapproval shall be made within 45 days of the
receipt of the additional information or reconsideration request.  If denied,
the Department shall state the specific reasons for the denial.(c) The Department shall provide written approval for occupancy pursuant
to subsection (g) and shall not issue a violation to a facility as a result
of
a licensure or complaint survey based upon the facility's physical structure
if:(1) the Department reviewed and approved or deemed     approved the drawings and specifications for compliance with design and construction standards;(2) the construction, major alteration, or addition     was built as submitted;(3) the law or rules have not been amended since the     original approval; and(4) the conditions at the facility indicate that     there is a reasonable degree of safety provided for the residents.(d) The Department shall charge the following fees in connection with its
reviews conducted before June 30, 2004 under this Section:(1) (Blank).(2) (Blank).(3) If the estimated dollar value of the alteration,     addition, or new construction is $100,000 or more but less than $500,000, the fee shall be the greater of $2,400 or 1.2% of that value.(4) If the estimated dollar value of the alteration,     addition, or new construction is $500,000 or more but less than $1,000,000, the fee shall be the greater of $6,000 or 0.96% of that value.(5) If the estimated dollar value of the alteration,     addition, or new construction is $1,000,000 or more but less than $5,000,000, the fee shall be the greater of $9,600 or 0.22% of that value.(6) If the estimated dollar value of the alteration,     addition, or new construction is $5,000,000 or more, the fee shall be the greater of $11,000 or 0.11% of that value, but shall not exceed $40,000.The fees provided in this subsection (d) shall not apply to major
construction projects involving facility changes that are required by
Department rule amendments.The fees provided in this subsection (d) shall also not apply to major
construction projects if 51% or more of the estimated cost of the project is
attributed to capital equipment.  For major construction projects where 51% or
more of the estimated cost of the project is attributed to capital equipment,
the Department shall by rule establish a fee that is reasonably related to the
cost of reviewing the project.The Department shall not commence the facility plan review process under this
Section until
the applicable fee has been paid.(e) All fees received by the Department under this Section shall be
deposited into the Health Facility Plan Review Fund, a special fund created in
the State Treasury.
All fees paid by long-term care facilities under subsection (d) shall be used
only to cover the costs relating to the Department's review of long-term care
facility projects under this Section.
Moneys shall be appropriated from that Fund to the
Department only to pay the costs of conducting reviews under this Section or under Section 3-202.5 of the ID/DD Community Care Act or Section 3-202.5 of the MC/DD Act.
None of the moneys in the Health Facility Plan Review Fund shall be used to
reduce the amount of General Revenue Fund moneys appropriated to the Department
for facility plan reviews conducted pursuant to this Section.(f)(1) The provisions of this amendatory Act of 1997 concerning drawings
and specifications shall apply only to drawings and specifications submitted to
the Department on or after October 1, 1997.(2) On and after the effective date of this amendatory Act of 1997 and
before October 1, 1997, an applicant may submit or resubmit drawings and
specifications to the Department and pay the fees provided in subsection (d).
If an applicant pays the fees provided in subsection (d) under this paragraph
(2), the provisions of subsection (b) shall apply with regard to those drawings
and specifications.(g) The Department shall conduct an on-site inspection of the completed
project no later than 30 days after notification from the applicant that the
project has been completed and all certifications required by the Department
have been received and accepted by the Department.  The Department shall
provide written approval for occupancy to the applicant within 5 working days
of the Department's final inspection, provided the applicant has demonstrated
substantial compliance as defined by Department rule.
Occupancy of new major construction is
prohibited until Department approval is received, unless the Department has
not acted within the time frames provided in this subsection (g), in which case
the construction shall be deemed approved.  Occupancy shall be authorized after any required health inspection by the Department has been
conducted.(h) The Department shall establish, by rule, a procedure to conduct interim
on-site review of large or complex construction projects.(i) The Department shall establish, by rule, an expedited process for
emergency repairs or replacement of like equipment.(j) Nothing in this Section shall be construed to apply to maintenance,
upkeep, or renovation that does not affect the structural integrity of the
building, does not add beds or services over the number for which the
long-term care facility is licensed, and provides a reasonable degree of safety
for the residents.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.) (210 ILCS 45/3-202.6)Sec. 3-202.6. Department of Veterans' Affairs facility
 plan  review.(a) Before commencing construction of a new facility or  specified types of alteration or additions to an existing long-term care facility involving major construction, as  defined by rule by the Department, with an estimated cost greater than $100,000, architectural drawings and specifications for the facility shall be submitted to the Department for review. A facility may submit architectural drawings and specifications for other construction projects for Department review according to subsection (b) of this Section. Review of drawings and specifications  shall  be conducted by an employee of the Department meeting the qualifications established by the Department of Central  Management Services class specifications for such an individual's position or by a person contracting with the Department  who  meets  those  class specifications.(b)  The  Department  shall  inform  an  applicant  in  writing
within 15 working days after receiving drawings and specifications from the applicant whether the applicant's submission  is  complete  or incomplete. Failure to provide the applicant with this notice within 15 working days after receiving drawings and specifications from the applicant shall result in the submission being deemed complete for purposes of initiating the 60-working-day review period under this  Section.  If  the submission is incomplete, the Department shall inform the applicant of the deficiencies with  the  submission in  writing.If the submission is complete, the Department shall  approve  or disapprove drawings and specifications submitted to the
Department no later than 60 working days following receipt by the  Department. The drawings and specifications shall be of sufficient  detail, as provided by Department rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the drawings are not of  sufficient  detail for it to render a determination of compliance, the  plans  shall be determined to be incomplete and shall not be  considered  for purposes of initiating the 60-working-day review period. If a submission  of drawings and specifications is incomplete, the applicant may submit additional information. The 60-working-day  review period shall not commence until the Department  determines  that a submission of drawings and specifications is  complete  or  the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications  within 60 working days  after  receipt by the Department, the construction, major alteration, or addition shall be deemed  approved. If the
drawings and specifications are disapproved, the Department
shall state in writing, with specificity, the reasons for the disapproval. The entity submitting the drawings and specifications  may submit additional information in response to the written comments from the Department or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made within 45 working days after the receipt of the additional information or reconsideration request.  If denied, the Department shall state the specific reasons  for  the  denial.(c) The Department shall provide written approval for occupancy pursuant to subsection (e) of this Section  and  shall not issue a violation to a facility as a result of a licensure or complaint survey based upon the facility's physical structure  if:(1)  the  Department reviewed and  approved or  is      deemed to have approved the drawings and specifications for compliance with  design  and  construction  standards;(2)  the construction, major alteration, or addition     was  built  as  submitted;(3)  the law or rules have not been amended since the     original  approval; and(4) the conditions at the facility indicate that     there is a    reasonable degree of safety provided for the residents.(d)  The Department shall not charge a fee in connection with its reviews to the Department of Veterans'  Affairs.(e)  The  Department shall conduct an  on-site  inspection  of
the completed project no later than 45 working days after  notification from the applicant that the project has been  completed  and  all certifications required  by  the Department  have  been  received and  accepted  by  the Department. The Department may extend this deadline if a federally mandated survey time frame takes precedence. The  Department  shall  provide written approval for occupancy to the applicant within 7  working days after the Department's final inspection,  provided  the applicant has demonstrated substantial compliance as defined by Department rule. Occupancy of new major construction is prohibited until Department approval is received, unless the Department has not acted within the time frames provided in this subsection (e), in which case the construction shall be deemed approved. Occupancy shall be authorized after any required health inspection by the Department has been conducted.(f)  The  Department shall establish, by  rule, an  expedited
process for emergency repairs or replacement of like equipment.(g) Nothing in this Section shall be construed to  apply  to
maintenance,  upkeep,  or  renovation  that  does  not  affect  the structural  integrity or fire or life safety of the  building, does not add beds or services over the number for which the long-term care  facility is licensed, and provides a reasonable degree of  safety  for  the residents.(h) If the number of licensed facilities increases or the number of beds for the currently licensed facilities increases, the Department has the right to reassess the mandated time frames listed in this Section. 
(Source: P.A. 99-314, eff. 8-7-15.) (210 ILCS 45/3-203) (from Ch. 111 1/2, par. 4153-203)Sec. 3-203. 
In licensing any facility for persons suffering from emotional or behavioral disorders, the
Department shall consult with the Department of Human Services in developing
minimum standards for
such persons.
(Source: P.A. 97-52, eff. 6-28-11.) (210 ILCS 45/3-204) (from Ch. 111 1/2, par. 4153-204)Sec. 3-204. 
		
		In addition to the authority to prescribe minimum standards,
the Department may adopt license classifications of facilities according
to the levels of service, and if license classification is adopted the applicable
minimum standards shall define the classification.  In adopting classification
of the license of facilities, the Department may give recognition to the
classification of services defined or prescribed by federal statute or federal
rule or regulation. More than one classification of the license may be issued
to the same facility when the prescribed minimum standards and regulations are met.
		(Source: P.A. 81-223.) (210 ILCS 45/3-205) (from Ch. 111 1/2, par. 4153-205)Sec. 3-205. 
		
		Where licensing responsibilities are performed by a city,
village or incorporated town, the municipality shall use the same classifications
as the Department; and a facility may not be licensed for a different classification
by the Department than by the municipality.
		(Source: P.A. 81-223.) (210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)Sec. 3-206. 
The Department shall prescribe a curriculum for training
nursing assistants, habilitation aides, and child care aides.(a) No person, except a volunteer who receives no compensation from a
facility and is not included for the purpose of meeting any staffing
requirements set forth by the Department, shall act as a nursing assistant,
habilitation aide, or child care aide in a facility, nor shall any person, under any
other title, not licensed, certified, or registered to render medical care
by the Department of Financial and Professional Regulation,  assist  with  the
personal, medical, or nursing care of residents in a facility, unless such
person meets the following requirements:(1) Be at least 16 years of age, of temperate habits     and good moral character, honest, reliable and trustworthy.(2) Be able to speak and understand the English     language or a language understood by a substantial percentage of the facility's residents.(3) Provide evidence of employment or occupation, if     any, and residence for 2 years prior to his present employment.(4) Have completed at least 8 years of grade school     or provide proof of equivalent knowledge.(5) Begin a current course of training for nursing     assistants, habilitation aides, or child care aides, approved by the Department, within 45 days of initial employment in the capacity of a nursing assistant, habilitation aide, or child care aide at any facility.  Such courses of training shall be successfully completed within 120 days of initial employment in the capacity of nursing assistant, habilitation aide, or child care aide at a facility. Nursing assistants, habilitation aides, and child care aides who are enrolled in approved courses in community colleges or other educational institutions on a term, semester or trimester basis, shall be exempt from the 120-day completion time limit.  The Department shall adopt rules for such courses of training. These rules shall include procedures for facilities to carry on an approved course of training within the facility. The Department shall allow an individual to satisfy the supervised clinical experience requirement for placement on the Health Care Worker Registry under 77 Ill. Adm. Code 300.663 through supervised clinical experience at an assisted living establishment licensed under the Assisted Living and Shared Housing Act. The Department shall adopt rules requiring that the Health Care Worker Registry include information identifying where an individual on the Health Care Worker Registry received his or her clinical training.The Department may accept comparable training in lieu     of the 120-hour course for student nurses, foreign nurses, military personnel, or employees of the Department of Human Services.The Department shall accept on-the-job experience in     lieu of clinical training from any individual who participated in the temporary nursing assistant program during the COVID-19 pandemic before the end date of the temporary nursing assistant program and left the program in good standing, and the Department shall notify all approved certified nurse assistant training programs in the State of this requirement. The individual shall receive one hour of credit for every hour employed as a temporary nursing assistant, up to 40 total hours, and shall be permitted 90 days after the end date of the temporary nursing assistant program to enroll in an approved certified nursing assistant training program and 240 days to successfully complete the certified nursing assistant training program. Temporary nursing assistants who enroll in a certified nursing assistant training program within 90 days of the end of the temporary nursing assistant program may continue to work as a nursing assistant for up to 240 days after enrollment in the certified nursing assistant training program.  As used in this Section, "temporary nursing assistant program" means the program implemented by the Department of Public Health by emergency rule, as listed in 44 Ill. Reg. 7936, effective April 21, 2020.The facility shall develop and implement procedures,     which shall be approved by the Department, for an ongoing review process, which shall take place within the facility, for nursing assistants, habilitation aides, and child care aides.At the time of each regularly scheduled licensure     survey, or at the time of a complaint investigation, the Department may require any nursing assistant, habilitation aide, or child care aide to demonstrate, either through written examination or action, or both, sufficient knowledge in all areas of required training.  If such knowledge is inadequate the Department shall require the nursing assistant, habilitation aide, or child care aide to complete inservice training and review in the facility until the nursing assistant, habilitation aide, or child care aide demonstrates to the Department, either through written examination or action, or both, sufficient knowledge in all areas of required training.(6) Be familiar with and have general skills related     to resident care.(a-0.5) An educational entity, other than a secondary school, conducting a
nursing assistant, habilitation aide, or child care aide
training program
shall initiate a criminal history record check in accordance with the Health Care Worker Background Check Act prior to entry of an
individual into the training program.
A secondary school may initiate a criminal history record check in accordance with the Health Care Worker Background Check Act at any time during or after a training program.(a-1) Nursing assistants, habilitation aides, or child care aides seeking to be included on the Health Care Worker Registry under the Health Care Worker Background Check Act on or
after January 1, 1996 must authorize the Department of Public Health or its
designee
to request a criminal history record check in accordance with the Health Care Worker Background Check Act and submit all necessary
information. An individual may not newly be included  on the Health Care Worker Registry unless a criminal history record check has been conducted with respect to the individual.(b) Persons subject to this Section shall perform their duties under the
supervision of a licensed nurse.(c) It is unlawful for any facility to employ any person in the capacity
of nursing assistant, habilitation aide, or child care aide, or under any other title, not
licensed by the State of Illinois to assist in the personal, medical, or
nursing care of residents in such facility unless such person has complied
with this Section.(d) Proof of compliance by each employee with the requirements set out
in this Section shall be maintained for each such employee by each facility
in the individual personnel folder of the employee. Proof of training shall be obtained only from the Health Care Worker Registry.(e) Each facility shall obtain access to the Health Care Worker Registry's web application, maintain the employment and demographic information relating to each employee, and verify by the category and type of employment that
each employee subject to this Section meets all the requirements of this
Section.(f) Any facility that is operated under Section 3-803 shall be
exempt
from the requirements of this Section.(g) Each skilled nursing and intermediate care facility that
admits
persons who are diagnosed as having Alzheimer's disease or related
dementias shall require all nursing assistants, habilitation aides, or child
care aides, who did not receive 12 hours of training in the care and
treatment of such residents during the training required under paragraph
(5) of subsection (a), to obtain 12 hours of in-house training in the care
and treatment of such residents.  If the facility does not provide the
training in-house, the training shall be obtained from other facilities,
community colleges or other educational institutions that have a
recognized course for such training.  The Department shall, by rule,
establish a recognized course for such training.  The Department's rules shall provide that such
training may be conducted in-house at each facility subject to the
requirements of this subsection, in which case such training shall be
monitored by the Department.The Department's rules shall also provide for circumstances and procedures
whereby any person who has received training that meets
the
requirements of this subsection shall not be required to undergo additional
training if he or she is transferred to or obtains employment at a
different facility or a facility other than a long-term care facility but remains continuously employed for pay as a nursing assistant,
habilitation aide, or child care aide. Individuals
who have performed no nursing or nursing-related services
for a period of 24 consecutive months shall be listed as "inactive"
and as such do not meet the requirements of this Section.  Licensed sheltered care facilities
shall be
exempt from the requirements of this Section.An individual employed during the COVID-19 pandemic as a nursing assistant in accordance with any Executive Orders, emergency rules, or policy memoranda related to COVID-19 shall be assumed to meet competency standards and may continue to be employed as a certified nurse assistant when the pandemic ends and the Executive Orders or emergency rules lapse. Such individuals shall be listed on the Department's Health Care Worker Registry website as "active". (Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17; 100-863, eff. 8-14-18; 101-655, eff. 3-12-21.) (210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01)Sec. 3-206.01. Health Care Worker Registry.(a)   A facility shall not employ an individual as a nursing
assistant, habilitation aide, home health aide, psychiatric services  rehabilitation aide, or child care aide, or newly hired  as an individual who may have access to a resident, a resident's living quarters, or a resident's personal, financial, or medical records,
unless the facility has inquired of the Department's Health Care Worker Registry and the individual is listed on the Health Care Worker Registry as eligible to work for a health care employer. The facility shall not employ an individual as a nursing assistant, habilitation aide, or child care aide if that individual  is not on the Health Care Worker Registry
 unless the individual is enrolled in a training program under
paragraph (5) of subsection (a) of Section 3-206 of this Act. The Department may also maintain a publicly
accessible registry.(a-5) The Health Care Worker Registry maintained by the Department exclusive
to health care employers, as defined in the Health Care Worker Background Check Act, shall clearly indicate whether an
applicant or employee is eligible for employment and shall
include the following:(1) information about the individual, including the         individual's name, his or her current address, Social Security number, the date and location of the training course completed by the individual, whether the individual has any of the disqualifying convictions listed in Section 25 of the Health Care Worker Background Check Act from the date of the individual's last criminal record check, whether the individual has a waiver pending under Section 40 of the Health Care Worker Background Check Act, and whether the individual has received a waiver under Section 40 of that  Act;(2) the following language:"A waiver granted by the Department of Public         Health is a determination that the applicant or employee is eligible to work in a health care facility.         The Equal Employment Opportunity Commission provides guidance about federal law regarding hiring of individuals with criminal records."; and(3) a link to Equal Employment Opportunity Commission     guidance regarding hiring of individuals with criminal records.(a-10) After January 1, 2017, the publicly accessible
registry maintained by the Department shall report that an individual is ineligible to work if he or she has a disqualifying offense under Section 25 of the Health Care
Worker Background Check Act and has not received a waiver under
Section 40 of that Act. If an applicant or employee has
received a waiver for one or more disqualifying offenses under
Section 40 of the Health Care Worker Background Check Act and he or she is otherwise eligible to work, the Department of
Public Health shall report on the public registry that the
applicant or employee is eligible to work. The Department,
however, shall not report information regarding the waiver on
the public registry.(a-15) (Blank).(b) (Blank).
(Source: P.A. 99-78, eff. 7-20-15; 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.) (210 ILCS 45/3-206.02)Sec. 3-206.02. (Repealed).
	 
	 (Source: P.A. 96-1372, eff. 7-29-10. Repealed by P.A. 100-432, eff. 8-25-17.) (210 ILCS 45/3-206.03)Sec. 3-206.03. 
		Resident attendants.(a) As used in this Section, "resident attendant" means an individual who
assists residents in a facility with the following activities:(1) eating and drinking; and(2) personal hygiene limited to washing a resident's     hands and face, brushing and combing a resident's hair, oral hygiene, shaving residents with an electric razor, and applying makeup.The term "resident attendant" does not include an individual who:(1) is a licensed health professional or a registered     dietitian;(2) volunteers without monetary compensation;(3) is a nurse assistant; or(4) performs any nursing or nursing-related services     for residents of a facility.(b) A facility may employ resident attendants to
assist the nurse aides with the activities authorized under
subsection (a). The resident attendants shall not count
in the minimum staffing requirements under rules implementing this Act.(c) A facility may not use on a full-time or other paid basis any individual
as a resident attendant
in the facility unless the individual:(1) has completed a training and competency     evaluation program encompassing the tasks the individual provides; and(2) is competent to provide feeding, hydration, and     personal hygiene services.(d) The training and competency evaluation program may be facility-based.
It may include one or more of the following units:(1) A feeding unit that is a maximum of 5 hours in     length.(2) A hydration unit that is a maximum of 3 hours in     length.(3) A personal hygiene unit that is a maximum of 5     hours in length.These programs must be reviewed and approved
by the Department
every 2 years.(f) A person seeking employment as a resident attendant is subject to the
Health Care Worker Background Check Act.
		(Source: P.A. 91-461, eff. 8-6-99.) (210 ILCS 45/3-206.04)Sec. 3-206.04. 
		Certified Nurse Assistant Career Ladders Program. 
		The Department shall convene a task force to determine the feasibility and
curriculum for a Certified Nurse Assistant
Career Ladders Program.  Any such program shall articulate with licensed
practical
nurse education.  The task force shall be
comprised of 2 members from Illinois public community college faculty, one of
whom shall be a registered professional nurse,
2 members from the nursing home community, one of whom shall be a registered
professional nurse, one member who is a
Certified Nurse Assistant Educator, and representatives from the Department.
The task
force shall report its findings and recommendations to the General Assembly on
or before January 1, 2002.
		(Source: P.A. 92-190, eff. 8-1-01.) (210 ILCS 45/3-206.05)Sec. 3-206.05. Safe resident handling policy.(a) In this Section:"Health care worker" means an individual providing direct resident care services who may be required to lift, transfer, reposition, or move a resident."Nurse" means an advanced practice registered nurse, a registered nurse, or a licensed practical nurse licensed under the Nurse Practice Act."Safe lifting equipment and accessories" means mechanical
equipment designed to lift, move, reposition, and transfer
residents, including, but not limited to, fixed and portable
ceiling lifts, sit-to-stand lifts, slide sheets and boards,
slings, and repositioning and turning sheets."Safe lifting team" means at least 2 individuals who are
trained and proficient in the use of both safe lifting techniques and safe
lifting equipment and accessories."Adjustable equipment" means products and devices that may be adapted for use by individuals with physical and other disabilities in order to optimize accessibility.  Adjustable equipment includes, but is not limited to, the following:(1) Wheelchairs with adjustable footrest height and     seat width and depth.(2)  Height-adjustable, drop-arm commode chairs and     height-adjustable shower gurneys or shower benches to enable individuals with mobility disabilities to use a toilet and to shower safely and with increased comfort.(3) Accessible weight scales that accommodate     wheelchair users.(4) Height-adjustable beds that can be lowered to     accommodate individuals with mobility disabilities in getting in and out of bed and that utilize drop-down side railings for stability and positioning support.(5) Universally designed or adaptable call buttons     and motorized bed position and height controls that can be operated by persons with limited or no reach range, fine motor ability, or vision.(6) Height-adjustable platform tables for physical     therapy with drop-down side railings for stability and positioning support.(7) Therapeutic rehabilitation and exercise machines     with foot straps to secure the user's feet to the pedals and with cuffs or splints to augment the user's grip strength on handles.(b) A facility must adopt and ensure implementation of a policy to identify, assess, and develop strategies to control risk of injury to residents and nurses and other health care workers associated with the lifting, transferring, repositioning, or movement of a resident. The policy shall establish a process that, at a minimum, includes all of the following:(1) Analysis of the risk of injury to residents and     nurses and other health care workers taking into account the resident handling needs of the resident populations served by the facility and the physical environment in which the resident handling and movement occurs.(2) Education and training of nurses and other direct     resident care providers in the identification, assessment, and control of risks of injury to residents and nurses and other health care workers during resident handling and on safe lifting policies and techniques and current lifting equipment.(3) Evaluation of alternative ways to reduce risks     associated with resident handling, including evaluation of equipment and the environment.(4) Restriction, to the extent feasible with existing     equipment and aids, of manual resident handling or movement of all or most of a resident's weight except for emergency, life-threatening, or otherwise exceptional circumstances.(5) Procedures for a nurse to refuse to perform or be     involved in resident handling or movement that the nurse in good faith believes will expose a resident or nurse or other health care worker to an unacceptable risk of injury.(6) Development of strategies to control risk of     injury to residents and nurses and other health care workers associated with the lifting, transferring, repositioning, or movement of a resident.(7) In developing architectural plans for     construction or remodeling of a facility or unit of a facility in which resident handling and movement occurs, consideration of the feasibility of incorporating resident handling equipment or the physical space and construction design needed to incorporate that equipment.(8) Fostering and maintaining resident safety,     dignity, self-determination, and choice, including the following policies, strategies, and procedures:(A) The existence and availability of a trained         safe lifting team.(B) A policy of advising residents of a range of         transfer and lift options, including adjustable diagnostic and treatment equipment, mechanical lifts, and provision of a trained safe lifting team.(C) The right of a competent resident, or the         guardian of a resident adjudicated incompetent, to choose among the range of transfer and lift options consistent with the procedures set forth under subdivision (b)(5) and the policies set forth under this paragraph (8), subject to the provisions of subparagraph (E) of this paragraph (8).(D) Procedures for documenting, upon admission         and as status changes, a mobility assessment and plan for lifting, transferring, repositioning, or movement of a resident, including the choice of the resident or the resident's guardian among the range of transfer and lift options.(E) Incorporation of such safe lifting         procedures, techniques, and equipment as are consistent with applicable federal law.(c) Safe lifting teams must receive specialized, in-depth training that includes, but need not be limited to, the following:(1) Types and operation of equipment.(2) Safe manual lifting and moving techniques.(3) Ergonomic principles in the assessment of risk     both to nurses and other workers and to residents.(4) The selection, safe use, location, and condition     of appropriate pieces of equipment individualized to each resident's medical and physical conditions and preferences.(5) Procedures for advising residents of the full     range of transfer and lift options and for documenting individualized lifting plans that include resident choice.Specialized, in-depth training may rely on federal standards and guidelines such as the United States Department of Labor Guidelines for Nursing Homes, supplemented by federal requirements for barrier removal, independent access, and means of accommodation optimizing independent movement and transfer. (Source: P.A. 100-513, eff. 1-1-18.) (210 ILCS 45/3-206.06)Sec. 3-206.06. Testing for Legionella bacteria. A facility shall develop a policy for testing its water supply for Legionella bacteria. The policy shall include the frequency with which testing is conducted. The policy and the results of any tests shall be made available to the Department upon request.
(Source: P.A. 102-4, eff. 4-27-21.) (210 ILCS 45/3-206.1) (from Ch. 111 1/2, par. 4153-206.1)Sec. 3-206.1. 
		
		Whenever ownership of a private facility is transferred to
another private owner following a final order for a suspension or
revocation of the facility's license, the Department shall discuss with the
new owner all noted problems associated with the facility and shall
determine what additional training, if any, is needed for the direct care
staff.
		(Source: P.A. 86-1013.) (210 ILCS 45/3-207) (from Ch. 111 1/2, par. 4153-207)Sec. 3-207. 
		
		(a) As a condition of the issuance or renewal of the license of
any facility, the applicant shall file a statement of ownership. The applicant
shall update the information required in the statement of ownership
within 10 days of any change.(b) The statement of ownership shall include the following:(1) The name, address, telephone number, occupation or business activity,
business address and business telephone number of the person who is the
owner of the facility and every person who owns the building in which the
facility is located, if other than the owner of the facility, which is the
subject of the application or license; and if the owner is a partnership or
corporation, the name of every partner and stockholder of the owner;(2) The name and address of any facility, wherever located, any
financial interest in which is owned by the applicant, if the facility were
required to be licensed if it were located in this State;(3) Other information necessary to determine the identity and
qualifications of an applicant or licensee to operate a facility in
accordance with this Act as required by the Department in regulations.(c) The information in the statement of ownership shall be public
information and shall be available from the Department.
		(Source: P.A. 85-1183.) (210 ILCS 45/3-208) (from Ch. 111 1/2, par. 4153-208)Sec. 3-208. (a) Each licensee shall file annually, or more often as
the Director shall by rule prescribe, an attested financial statement.
The Director may order an audited financial statement
of a particular facility by an auditor of the Director's choice, provided
the cost of such audit is paid by the Department.(b) No public funds shall be expended for the maintenance of any
resident in a facility which has failed to file the financial statement
required under this Section and no public funds shall be paid to or on
behalf of a facility which has failed to file a statement.(c) The Director of Public Health and the Director of Healthcare and Family Services

shall promulgate under Sections 3-801 and 3-802, one set of regulations
for the filing of these financial statements, and shall provide in these
regulations for forms, required information, intervals and dates of
filing and such other provisions as they may deem necessary.(c-5) A facility which is owned by a chain organization as defined by the Centers for Medicare and Medicaid Services shall submit annually to the Department a copy of the Home Office Cost Statement required to be submitted by the home office of the chain to the United States Department of Health and Human Services.  This Home Office Cost Statement contains proprietary, privileged, and confidential information that shall not be placed on the World Wide Web.  Any request from the public received by any public agency to disclose this Home Office Cost Statement shall be subject to the provisions of the Freedom of Information Act.(d) The Director of Public Health and the Director of Healthcare and Family Services

shall seek the advice and comments of other State and federal agencies
which require the submission of financial data from facilities licensed
under this Act and shall incorporate the information requirements of
these agencies so as to impose the least possible burden on licensees.
No other State agency may require submission of financial data except as
expressly authorized by law or as necessary to meet requirements of
federal statutes or regulations. Information obtained under this Section
shall be made available, upon request, by the Department to any other
State agency or legislative commission to which such information is
necessary for investigations or required for the purposes of State or
federal law or regulation.
(Source: P.A. 98-505, eff. 1-1-14.) (210 ILCS 45/3-209) (from Ch. 111 1/2, par. 4153-209)Sec. 3-209. Required posting of information.(a) Every facility shall conspicuously post for display in an
area of its offices accessible to residents, employees, and visitors the
following:(1) Its current license;(2) A description, provided by the Department, of     complaint procedures established under this Act and the name, address, and telephone number of a person authorized by the Department to receive complaints;(3) A copy of any order pertaining to the  facility     issued by the Department or a court;(4) A list of the material available for public     inspection under Section 3-210;(5)  Phone numbers and websites for rights protection     services must be posted in common areas and at the main entrance and provided upon entry and at the request of residents or the  resident's representative in accordance with  42 CFR 483.10(j)(4); and(6) The statement "The Illinois Long-Term Care     Ombudsman Program is a free resident advocacy service available to the public.".In accordance with F574 of the State Operations Manual for Long-Term Care Facilities, the administrator shall post for all residents and at the main entrance the name, address, and telephone number of the appropriate State governmental office where complaints may be lodged in language the resident can understand, which must include notice of the grievance procedure of the facility or program as well as addresses and phone numbers for the Office of Health Care Regulation and the Long-Term Care Ombudsman Program and a website showing the information of a facility's ownership. The facility shall include a link to the Long-Term Care Ombudsman Program's website on the home page of the facility's website.(b) A facility that has received a notice of violation for a violation of the minimum staffing requirements under Section 3-202.05 shall display, during the period of time the facility is out of compliance, a notice stating in Calibri (body) font and 26-point type in black letters on an 8.5 by 11 inch white paper the following: "Notice Dated:   ...................This facility does not currently meet the minimum staffing ratios required by law. Posted at the direction of the Illinois
Department of Public Health.". 
The notice must be posted, at a minimum, at all publicly used exterior entryways into the facility, inside the main entrance lobby, and next to any registration desk for easily accessible viewing. The notice must also be posted on the main page of the facility's website. The Department shall have the discretion to determine the gravity of any violation and, taking into account mitigating and aggravating circumstances and facts, may reduce the requirement of, and amount of time for, posting the notice. (Source: P.A. 101-10, eff. 6-5-19; 102-1080, eff. 1-1-23.) (210 ILCS 45/3-210) (from Ch. 111 1/2, par. 4153-210)Sec. 3-210. A facility shall retain the following for public inspection:(1) a complete copy of every inspection report of the     facility received from the Department during the past 5 years;(2) a copy of every order pertaining to the facility     issued by the Department or a court during the past 5 years;(3) a description of the services provided by the     facility and the rates charged for those services and items for which a resident may be separately charged;(4) a copy of the statement of ownership required by     Section 3-207;(5) a record of personnel employed or retained by the     facility who are licensed, certified or registered by the Department of Professional Regulation;(6) a complete copy of the most recent inspection     report of the facility received from the Department; and(7) a copy of the current Consumer Choice Information     Report required by Section 2-214. (Source: P.A. 95-823, eff. 1-1-09; 96-328, eff. 8-11-09.) (210 ILCS 45/3-211) (from Ch. 111 1/2, par. 4153-211)Sec. 3-211. 
		
		No State or federal funds which are appropriated by the General
Assembly or which pass through the General Revenue Fund or any special fund
in the State Treasury, shall be paid to a facility not having a license
issued under this Act.
		(Source: P.A. 81-223.) (210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212)Sec. 3-212. Inspection.(a) The Department, whenever it deems necessary in
accordance with subsection (b), shall inspect, survey and evaluate every
facility to determine compliance with applicable licensure requirements and
standards. Submission of a facility's current Consumer Choice Information Report required by Section 2-214 shall be verified at time of inspection.  An inspection should occur within 120 days prior
to license renewal.  The Department may periodically visit a facility for the
purpose of consultation.  An inspection, survey, or evaluation, other than
an inspection of financial records, shall be conducted without prior notice
to the facility.  A visit for the sole purpose of consultation may be
announced.
The Department shall provide training to surveyors about the appropriate
assessment, care planning, and care of persons with mental illness (other than
Alzheimer's disease or related disorders) to enable its surveyors to
determine whether a facility is complying with State and federal requirements
about the assessment, care planning, and care of those persons.(a-1) An employee of a State or unit of local government agency
charged with inspecting, surveying, and evaluating facilities who directly
or indirectly gives prior notice of an inspection, survey, or evaluation,
other than an inspection of financial records, to a facility or to an
employee of a facility is guilty of a Class A misdemeanor.An inspector or an employee of the Department who intentionally prenotifies
a facility,
orally or in writing, of a pending complaint investigation or inspection shall
be guilty of a Class A misdemeanor.
Superiors of persons who have prenotified a facility shall be subject to the
same penalties, if they have knowingly allowed the prenotification.  A person
found guilty of prenotifying a facility shall be subject to disciplinary action
by his or her employer.If the Department has a good faith belief, based upon information that comes
to its attention, that a violation of this subsection has occurred, it must
file a complaint with the Attorney General or the State's Attorney in the
county where the violation
took place within 30 days after discovery of the information.(a-2) An employee of a State or unit of local government agency charged with
inspecting, surveying, or evaluating facilities who willfully profits from
violating the confidentiality of the inspection, survey, or evaluation
process shall be guilty of a Class 4 felony and that conduct shall be deemed
unprofessional conduct that may subject a person to loss of his or her
professional license. An action to prosecute a person for violating this
subsection (a-2) may be brought by either the Attorney General or the State's
Attorney in the county where the violation took place.(a-3) The Department shall, by rule, establish guidelines for required continuing education of all employees who inspect, survey, or evaluate a facility. The Department shall offer continuing education opportunities at least quarterly. Employees of a State agency charged with inspecting, surveying, or evaluating a facility are required to complete at least 10 hours of continuing education annually on topics that support the survey process, including, but not limited to, trauma-informed care, infection control, abuse and neglect, and civil monetary penalties. Qualifying hours of continuing education intended to fulfill the requirements of this subsection shall only be offered by the Department. Content presented during the continuing education shall be consistent throughout the State, regardless of survey region. At least 5 of the 10 hours of continuing education required under this subsection shall be separate and distinct from any continuing education hours required for any license that the employee holds. Any continuing education hours provided by the Department in addition to the 10 hours of continuing education required under this subsection may count towards continuing education hours required for any license that the employee holds.(b) In determining whether to make more than the required number of
unannounced inspections, surveys and evaluations of a facility the
Department shall consider one or more of the following: previous inspection
reports; the facility's history of compliance with standards, rules and
regulations promulgated under this Act and correction of violations,
penalties or other enforcement actions; the number and severity of
complaints received about the facility; any allegations of resident abuse
or neglect; weather conditions; health emergencies; other reasonable belief
that deficiencies exist.(b-1) The Department shall not be required to determine whether a
facility certified to participate in the Medicare program under Title XVIII of
the Social Security Act, or the Medicaid program under Title XIX of the Social
Security Act, and which the Department determines by inspection under this
Section or under Section 3-702 of this Act to be in compliance with the
certification requirements of Title XVIII or XIX, is in compliance with any
requirement of this Act that is less stringent than or duplicates a federal
certification requirement.  In accordance with subsection (a) of this Section
or subsection (d) of Section 3-702, the Department shall determine whether a
certified facility is in
compliance with requirements of this Act that exceed federal certification
requirements.  If a certified facility is found to be out of compliance with
federal certification requirements, the results of an inspection conducted
pursuant to Title XVIII or XIX of the Social Security Act may be used as the
basis for enforcement remedies authorized and commenced, with the Department's discretion to evaluate whether penalties are warranted, under this Act.
Enforcement of this Act against a certified facility shall be commenced
pursuant to the requirements of this Act, unless enforcement remedies sought
pursuant to Title XVIII or XIX of the Social Security Act exceed those
authorized by this Act.  As used in this subsection, "enforcement remedy"
means a sanction for violating a federal certification requirement or this
Act.(c) Upon completion of each inspection, survey and evaluation, the
appropriate Department personnel who conducted the inspection, survey or
evaluation shall submit a physical or electronic copy of their report to the licensee upon exiting
the facility, and shall submit the actual report to the appropriate
regional office of the Department.  Such report and any recommendations for
action by the Department under this Act shall be transmitted to the
appropriate offices of the associate director of the Department, together
with related comments or documentation provided by the licensee which may
refute findings in the report, which explain extenuating circumstances that
the facility could not reasonably have prevented, or which indicate methods
and timetables for correction of deficiencies described in the report.
Without affecting the application of subsection (a) of Section 3-303, any
documentation or comments of the licensee shall be provided within 10
days of receipt of the copy of the report.  Such report shall recommend to
the Director appropriate action under this Act with respect to findings
against a facility.  The Director shall then determine whether the report's
findings constitute a violation or violations of which the facility must be
given notice.  Such determination shall be based upon the severity of the
finding, the danger posed to resident health and safety, the comments and
documentation provided by the facility, the diligence and efforts to
correct deficiencies, correction of the reported deficiencies, the
frequency and duration of similar findings in previous reports and the
facility's general inspection history.  Violations shall be determined
under this subsection no later than 75 days after completion of each
inspection, survey and evaluation.(d) The Department shall maintain all inspection, survey and evaluation
reports for at least 5 years in a manner accessible to and understandable
by the public.(e) Revisit surveys. The Department shall conduct a revisit to its licensure and certification surveys, consistent with federal regulations and guidelines.(f) Notwithstanding any other provision of this Act, the Department shall, no later than 180 days after the effective date of this amendatory Act of the 98th General Assembly, implement a single survey process that encompasses federal certification and State licensure requirements, health and life safety requirements, and an enhanced complaint investigation initiative.(1) To meet the requirement of a single survey     process, the portions of the health and life safety survey associated with federal certification and State licensure surveys must be started within 7 working days of each other. Nothing in this paragraph (1) of subsection (f) of this Section applies to a complaint investigation.(2) The enhanced complaint and incident report     investigation initiative shall permit the facility to challenge the amount of the fine due to the excessive length of the investigation which results in one or more of the following conditions:(A) prohibits the timely development and         implementation of a plan of correction;(B) creates undue financial hardship impacting         the quality of care delivered to the resident;(C) delays initiation of corrective training; and(D) negatively impacts quality assurance and         patient improvement standards.This paragraph (2) does not apply to complaint     investigations exited within 14 working days or a situation that triggers an extended survey.(Source: P.A. 102-947, eff. 1-1-23.) (210 ILCS 45/3-213) (from Ch. 111 1/2, par. 4153-213)Sec. 3-213. 
		
		The Department shall require periodic reports and shall have
access to and may reproduce or photocopy at its cost any books, records,
and other documents maintained by the facility to the extent necessary to
carry out this Act and the rules promulgated under this Act. The Department
shall not divulge or disclose the contents of a record under this Section
in violation of Section 2-206 or as otherwise prohibited by this Act.
		(Source: P.A. 83-1530.) (210 ILCS 45/3-214) (from Ch. 111 1/2, par. 4153-214)Sec. 3-214. 
		
		Any holder of a license or applicant for a license shall be
deemed to have given consent to any authorized officer, employee or agent
of the Department to enter and inspect the facility in accordance with this
Article.  Refusal to permit such entry or inspection shall constitute grounds
for denial, nonrenewal or revocation of a license as provided in Sections
3-117 or 3-119 of this Act.
		(Source: P.A. 81-223.) (210 ILCS 45/3-215) (from Ch. 111 1/2, par. 4153-215)Sec. 3-215. 
		
		The Department shall make at least one report on each facility
in the State annually, unless the facility has been issued a 2-year
license under subsection (b) of Section 3-110 for which the report shall be
made every 2 years.  All conditions and practices not in compliance with
applicable standards within the report period shall be
specifically stated.
If a violation is corrected or is subject to an approved plan of correction,
the same shall be specified in the report.  The Department shall
send a copy to any person on receiving a written request.  The Department
may charge a reasonable fee to cover copying costs.
		(Source: P.A. 87-1102.) (210 ILCS 45/Art. III Pt. 3 heading) PART 3.  
		VIOLATIONS AND PENALTIES (210 ILCS 45/3-301) (from Ch. 111 1/2, par. 4153-301)Sec. 3-301. Determination of violation; notice; review
team.(a) If after receiving the report specified in subsection (c)
of Section 3-212 the Director or his designee determines that a facility is
in violation of this Act or of any rule promulgated thereunder, he shall
serve a notice of violation upon the licensee within 10 days thereafter.
Each notice of violation shall be prepared in
writing and shall specify the nature of the violation, and the statutory
provision or rule alleged to have been violated.  The notice shall
inform the licensee of any action the Department may take under the Act,
including the requirement of a facility plan of correction under Section
3-303; placement of the facility on a list prepared under Section 3-304;
assessment of a penalty under Section 3-305;  a conditional license
under Sections 3-311 through 3-317; or license suspension or revocation
under Section 3-119.  The Director or his designee shall
also inform the licensee of rights to a hearing under Section 3-703.(b) The Department shall perform an audit of all Type "AA" or Type "A" violations between January 1, 2014 and January 1, 2015.  The purpose of the audit is to determine the consistency of assigning Type "AA" and Type "A" violations. The audit shall be completed and a report submitted to the Long Term Care Advisory Committee by April 1, 2015 for comment.  The report shall include recommendations for increasing the consistency of assignment of violations.  The Committee may offer additional recommendations to be incorporated into the report.  The final report shall be filed with the General Assembly by June 30, 2015. (Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 45/3-302) (from Ch. 111 1/2, par. 4153-302)Sec. 3-302. 
		
		Each day the violation exists after the date upon which a
notice of violation is served under Section 3-301 shall constitute a
separate violation for purposes of assessing penalties or fines under
Section 3-305.  The submission of a plan of correction pursuant to
subsection (b) of Section 3-303 does not prohibit or preclude the
Department from assessing penalties or fines pursuant to Section 3-305 for
those violations found to be valid except as provided under Section 3-308
in relation to Type "B" violations.  No penalty or fine may be
assessed for a condition for which the facility has received a variance or
waiver of a standard.
		(Source: P.A. 85-1378.) (210 ILCS 45/3-303) (from Ch. 111 1/2, par. 4153-303)Sec. 3-303. 
(a) The situation, condition or practice constituting a Type "AA" violation or a Type
"A" violation shall be abated or eliminated immediately unless a fixed period
of time, not exceeding 15 days, as determined by the Department and specified
in the notice of violation, is required for correction.(b) At the time of issuance of a notice of a Type "B" violation,
the Department shall request a plan of correction which is subject to the
Department's approval.  The facility shall have 10 days after receipt of
notice of violation in which to prepare and submit a plan of correction.
The Department may extend this period up to 30 days where correction involves
substantial capital improvement.  The plan shall include a fixed time period
not in excess of 90 days within which violations are to be corrected.  If
the Department rejects a plan of correction, it shall send notice of the
rejection and the reason for the rejection to the facility.  The facility
shall have 10 days after receipt of the notice of rejection in which to
submit a modified plan.  If the modified plan is not timely submitted, or
if the modified plan is rejected, the facility shall follow an approved
plan of correction imposed by the Department.(c) If the violation has been corrected prior to submission and approval
of a plan of correction, the facility may submit a report of correction
in place of a plan of correction.  Such report shall be signed by the
administrator under oath.(d) Upon a licensee's petition, the Department shall determine whether
to grant a licensee's request for an extended correction time.  Such petition
shall be served on the Department prior to expiration of the correction
time originally approved.  The burden of proof is on the petitioning facility
to show good cause for not being able to comply with the original correction
time approved.(e) If a facility desires to contest any Department action under this
Section it shall send a written request for a hearing under Section 3-703
to the Department within 10 days of receipt of notice of the contested action.
The Department shall commence the hearing as provided under Section 3-703.
Whenever possible, all action of the Department under this Section arising
out of a violation shall be contested and determined at a single hearing.
Issues decided after a hearing may not be reheard at subsequent hearings
under this Section.
(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/3-303.1) (from Ch. 111 1/2, par. 4153-303.1)Sec. 3-303.1. Waiver of requirements.(a) Upon application by a facility, the Director may grant
or renew the waiver of the facility's compliance with a rule or standard
for a period not to exceed the duration of the current license or, in the
case of an application for license renewal, the duration of the renewal
period.  The waiver may be conditioned upon the
facility taking action
prescribed by the Director as a measure equivalent to compliance.
In determining whether to grant or renew a waiver, the Director shall consider
the duration and basis for any current waiver with respect to the same rule
or standard and the validity and effect upon patient health and safety of
extending it on the same basis, the effect upon the health and safety of
residents, the quality of resident
care, the facility's history of compliance with the rules and standards
of this Act, and the facility's attempts to comply
with the particular rule or standard in question.(b) The Department may
provide, by rule, for the automatic renewal of waivers concerning physical
plant requirements upon the renewal of a license. The Department shall
renew waivers relating to physical plant standards issued pursuant to this
Section at the time of the indicated reviews, unless it can show why such
waivers should not be extended for the following reasons:(1) the condition of the physical plant has     deteriorated or its use substantially changed so that the basis upon which the waiver was issued is materially different; or(2) the facility is renovated or substantially     remodeled in such a way as to permit compliance with the applicable rules and standards without substantial increase in cost.(c) Upon application by a facility, the Director may grant or renew a waiver, in whole or in part, of the registered nurse staffing requirements contained in subsection (e) of Section 3-202.05, considering the criteria in subsection (a) of this Section, if the facility demonstrates to the Director's satisfaction that the facility is unable, despite diligent efforts, including offering wages at a competitive rate for registered nurses in the community, to employ the required number of registered nurses and that the waivers will not endanger the health or safety of residents of the facility. A facility in compliance with the terms of a waiver granted under this subsection shall not be subject to fines or penalties imposed by the Department for violating the registered nurse staffing requirements of subsection (e) of Section 3-202.05. Nothing in this subsection (c) allows the Director to grant or renew a waiver of the minimum registered nurse staffing requirements contained in 42 CFR 483.35(b) to a facility that is Medicare-certified or to a facility that is both Medicare-certified and Medicaid-certified. Waivers granted under this subsection (c) shall be reviewed quarterly by the Department, including requiring a demonstration by the facility that it has continued to make diligent efforts to employ the required number of registered nurses, and shall be revoked for noncompliance with any of the following requirements:(1) For periods in which the number of registered     nurses required by law is not in the facility, a physician or registered nurse shall respond immediately to a telephone call from the facility.(2) The facility shall notify the following of the     waiver: the Office of the State Long Term Care Ombudsman, the residents of the facility, the residents' guardians, and the residents' representatives.(d) A copy of each waiver application and each waiver granted or renewed shall
be on file with the Department and available for public inspection.  The
Director shall annually review such file and recommend to the Long-Term 
Care Facility Advisory Board any modification in rules or standards suggested
by the number and nature of waivers requested and granted and the difficulties
faced in compliance by similarly situated facilities.
(Source: P.A. 100-201, eff. 8-18-17; 100-217, eff. 8-18-17.) (210 ILCS 45/3-303.2) (from Ch. 111 1/2, par. 4153-303.2)Sec. 3-303.2. 
(a) If the Department finds a situation, condition or
practice which violates this Act or any rule promulgated thereunder which
does not constitute a Type "AA", Type "A", Type "B", or Type "C" violation, the
Department shall issue an administrative warning.  Any administrative
warning shall be served upon the facility in the same manner as the notice
of violation under Section 3-301.  The facility shall be responsible for
correcting the situation, condition or practice; however, no written plan
of correction need be submitted for an administrative warning, except for
violations of Sections 3-401 through 3-413 or the rules promulgated
thereunder.  A written plan of correction is required to be filed for an
administrative warning issued for violations of Sections 3-401 through
3-413 or the rules promulgated thereunder.(b) If, however, the situation, condition or practice which resulted in
the issuance of an administrative warning, with the exception of
administrative warnings issued pursuant to Sections 3-401 through 3-413 or
the rules promulgated thereunder, is not corrected by the next
on-site inspection by the Department which occurs no earlier than 90 days
from the issuance of the administrative warning, a written plan of
correction must be submitted in the same manner as provided in subsection
(b) of Section 3-303.
(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/3-304) (from Ch. 111 1/2, par. 4153-304)Sec. 3-304. (a) The Department shall prepare on a quarterly basis a
list containing the names and addresses of all facilities against which
the Department during the previous quarter has:(1) sent a notice under Section 3-307 regarding a     penalty assessment under subsection (1) of Section 3-305;(2) sent a notice of license revocation under Section     3-119;(3) sent a notice refusing renewal of a license under     Section 3-119;(4) sent a notice to suspend a license under Section     3-119;(5) issued a conditional license for violations that     have not been corrected under Section 3-303 or penalties or fines described under Section 3-305 have been assessed under Section 3-307 or 3-308;(6) placed a monitor under subsections (a), (b) and     (c) of Section 3-501 and under subsection (d) of such Section where license revocation or nonrenewal notices have also been issued;(7) initiated an action to appoint a receiver;(8) recommended to the Director of Healthcare and     Family Services (formerly Director of the Department of Public Aid), or the Secretary of the United States Department of Health and Human Services, the decertification for violations in relation to patient care of a facility pursuant to Titles XVIII and XIX of the federal Social Security Act.(b) In addition to the name and address of the facility, the list shall
include the name and address of the person or licensee against whom the
action has been initiated, a self-explanatory summary of the facts which
warranted the initiation of each action, the type of action initiated, the
date of the initiation of the action, the amount of the penalty sought to
be assessed, if any, and the final disposition of the action, if completed.(c) The list shall be available to any member of the public upon oral
or written request without charge.
					(Source: P.A. 95-331, eff. 8-21-07.) (210 ILCS 45/3-304.1)Sec. 3-304.1. Public computer access to information.(a) The Department must make information regarding nursing homes in the
State
available to the public in electronic form on the World Wide Web, including all
of the
following information:(1) who regulates nursing homes;(2) information in the possession of the Department     that is listed in Sections 3-210 and 3-304;(3) deficiencies and plans of correction;(4) enforcement remedies;(5) penalty letters;(6) designation of penalty monies;(7) the U.S. Department of Health and Human Services'     Health Care Financing Administration special projects or federally required inspections;(8) advisory standards;(9) deficiency-free surveys;(10) enforcement actions and enforcement summaries;(11) distressed facilities;(12) the report submitted under Section 3-518;(13) a link to the most recent facility cost report     filed with the Department of Healthcare and Family Services;(14) a link to the most recent Consumer Choice     Information Report filed with the Department on Aging;(15) whether the facility is part of a chain;  the     facility shall be deemed part of a chain if it  meets criteria established by the United States Department of Health and Human Services that identify it as owned by a chain organization;(16) whether the facility is a for-profit or     not-for-profit facility; and(17) whether the facility is or is part of a     continuing care retirement community.(b) No fee or other charge may be imposed by the Department as a condition
of accessing the information.(c) The electronic public access provided through the World Wide Web shall
be
in addition to any other electronic or print distribution of the information.(d) The information shall be made available as provided in this Section in
the
shortest practicable time after it is publicly available in any other form.(Source: P.A. 98-85, eff. 7-15-13; 98-505, eff. 1-1-14; 98-756, eff. 7-16-14.) (210 ILCS 45/3-304.2)Sec. 3-304.2. Designation of distressed facilities.(a) By May 1, 2011, and quarterly thereafter, the Department shall generate and publish quarterly a

list of distressed facilities.  Criteria for inclusion of certified facilities on the list shall be those used by the U.S. General Accounting Office in report 9-689, until such time as the Department by rule modifies the criteria.(b) In deciding whether and how to modify the criteria used by the General Accounting Office, the Department shall complete a test run of any substitute criteria to determine their  reliability by comparing the number of facilities identified as distressed against the number of distressed facilities generated using the criteria contained in the General Accounting Office report.  The Department may not adopt substitute criteria that generate fewer facilities with a distressed designation than are produced by the General Accounting Office criteria during the test run.(c) The Department shall, by  rule, adopt criteria to identify non-Medicaid-certified facilities that are distressed and shall publish this list quarterly beginning October 1, 2011.(d) The Department shall notify each facility of its distressed designation, and of the calculation on

which it is based.(e) A distressed facility may contract with an independent consultant meeting criteria established by

the Department.  If the distressed facility does not seek the assistance of an independent

consultant, the Department shall place a monitor or a temporary manager in the facility, depending

on the Department's assessment of the condition of the facility.(f) Independent consultant.  A facility that has been designated a distressed facility may

contract with an independent consultant to develop and assist in the

implementation of a plan of improvement to bring and keep

the facility in compliance with this Act and, if applicable, with federal certification

requirements.  A facility that contracts with an independent consultant

shall have 90 days to develop a plan of improvement and demonstrate a

good faith effort at implementation, and another 90 days to achieve compliance

and take whatever additional actions are called for in the improvement plan

to maintain compliance.  A facility that the Department determines has a plan

of improvement likely to bring and keep the facility in compliance

and that  has demonstrated good faith efforts at implementation

within the first 90 days may be eligible to receive a grant under  the Equity

in Long-term Care Quality Act to assist it in achieving and maintaining compliance.

In this subsection, "independent" consultant means an individual who has no professional or

financial relationship with the facility, any person with a reportable ownership

interest in the facility, or any related parties.  In this subsection, "related parties" has the

meaning attributed to it in the instructions for completing Medicaid cost reports.(f-5) Monitor and temporary managers.  A distressed facility that does not contract with a consultant shall be assigned a monitor or a temporary manager at the Department's discretion.  The cost of the temporary manager shall be paid by the facility.  The temporary manager shall have the authority determined by the Department, which may grant the temporary manager any or all of the authority a court may grant a receiver.  The temporary manager may apply to the Equity in Long-term Care Quality  Fund for grant funds to implement the plan of improvement.(g) The Department shall by rule establish a mentor program for owners of distressed facilities.(h) The Department shall by rule establish sanctions (in addition to those authorized elsewhere in this Article)  against distressed facilities that are not in compliance with this Act and (if applicable) with federal certification requirements.  Criteria for imposing sanctions shall take into account a facility's actions to address the violations and deficiencies that  caused its designation as a distressed facility, and its compliance with this Act and with federal certification requirements (if applicable), subsequent to its designation as a distressed facility, including mandatory revocations if criteria can be agreed upon by the Department, resident advocates, and representatives of the nursing home profession.  By February 1, 2011, the Department shall report to the General Assembly  on the results of negotiations about creating criteria for mandatory license revocations of distressed facilities and make recommendations about any statutory changes it believes are appropriate to protect the health, safety, and welfare of nursing home residents.(i) The Department may establish by rule  criteria for restricting the owner of a facility on the distressed list from acquiring additional skilled nursing facilities.
(Source: P.A. 96-1372, eff. 7-29-10; 97-813, eff. 7-13-12.) (210 ILCS 45/3-305) (from Ch. 111 1/2, par. 4153-305)Sec. 3-305. 
The license of a facility which is in violation of this Act
or any rule adopted thereunder may be subject to the penalties or fines
levied by the Department as specified in this Section.(1) A licensee who commits a Type "AA" violation as defined in Section 1-128.5
 is automatically issued a conditional license for a period of 6 months
to coincide with an acceptable plan of correction and assessed a fine up to $25,000 per violation.(1.5) A licensee who commits a Type "A" violation as defined in Section 1-129 is automatically issued a conditional license for a period of 6 months to coincide with an acceptable plan of correction and assessed a fine of up to $12,500 per violation.(2) A licensee who commits a Type "B" violation as defined in Section 1-130 shall be assessed a fine of up to $1,100 per violation.(2.5) A licensee who commits 10 or more Type "C" violations, as defined in Section 1-132, in a single survey shall be assessed a fine of up to $250 per violation. A licensee who commits one or more Type "C" violations with a high risk designation, as defined by rule, shall be assessed a fine of up to $500 per violation.(3) A licensee who commits a Type "AA" or Type "A" violation as defined in Section 1-128.5 or
1-129 which continues beyond the time specified in paragraph (a) of Section
3-303 which is cited as a repeat violation shall have its license revoked
and shall be assessed a fine of 3 times the fine computed per resident per
day under subsection (1).(4) A licensee who fails to satisfactorily comply with an accepted
plan of correction for a Type "B" violation or an administrative warning
issued pursuant to Sections 3-401 through 3-413 or the rules promulgated
thereunder shall be automatically issued a conditional license for a period
of not less than 6 months. A second or subsequent acceptable plan of
correction shall be filed. A fine shall be assessed in accordance with
subsection (2) when cited for the repeat violation. This fine shall be
computed for all days of the violation, including the duration of the first
plan of correction compliance time.(5) For the purpose of computing a penalty under subsections (2) through
(4), the number of residents per day shall be based on the average number
of residents in the facility during the 30 days preceding the discovery
of the violation.(6) When the Department finds that a provision of Article II has been
violated with regard to a particular resident, the Department shall issue
an order requiring the facility to reimburse the resident for injuries
incurred, or $100, whichever is greater. In the case of a violation
involving any action other than theft of money belonging to a resident,
reimbursement shall be ordered only if a provision of Article II has been
violated with regard to that or any other resident of the facility within
the 2 years immediately preceding the violation in question.(7) For purposes of assessing fines under this Section, a repeat
violation shall be a violation which has been cited during one inspection
of the facility for which an accepted plan of correction was not complied
with or a new citation of the same rule if the licensee is not substantially addressing the issue routinely
throughout the facility.(7.5) If an occurrence results in  more than one type of violation as defined in this Act (that is, a Type "AA", Type "A", Type "B", or Type "C" violation), the Department shall assess only one fine, which shall not exceed the maximum fine that may be assessed for the most serious type of violation charged. For purposes of the preceding sentence, a Type "AA" violation is the most serious type of violation that may be charged, followed by a Type "A", Type "B", or Type "C" violation, in that order.(8) The minimum and maximum fines that may be assessed pursuant to this Section shall be twice those otherwise specified for any facility that willfully makes a misstatement of fact to the Department, or willfully fails to make a required notification to the Department, if that misstatement or failure delays the start of a surveyor or impedes a survey.(9) High risk designation. If the Department finds that a facility has violated a provision of the Illinois Administrative Code  that has a high risk designation, or that a facility has violated the same provision of the Illinois Administrative  Code  3 or more times in the previous 12 months, the Department may assess a fine of up to 2 times the maximum fine otherwise  allowed.(10) If a licensee has paid a civil monetary penalty imposed pursuant to the Medicare and Medicaid Certification Program for the equivalent federal violation  giving rise to a fine under this Section, the Department shall offset the fine by the amount of the civil monetary penalty.  The offset may not reduce the fine by more than 75% of the original fine, however. (Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 45/3-305.5)Sec. 3-305.5. Violation of the Nurse Practice Act.  A facility that fails to submit any  required report under Section 80-10 of the Nurse Practice Act is subject to discipline under this Article.
(Source: P.A. 98-990, eff. 8-18-14.) (210 ILCS 45/3-305.8)Sec. 3-305.8. Database of nursing home quarterly reports and citations.(a) The Department shall publish the quarterly reports of facilities in violation of this Act in an easily searchable, comprehensive, and downloadable electronic database on the Department's website in language that is easily understood. The database shall include quarterly reports of all facilities that have violated this Act starting from 2005 and shall continue indefinitely. The database shall be in an electronic format with active hyperlinks to individual facility citations. The database shall be updated quarterly and shall be electronically searchable using a facility's name and address and the facility owner's name and address.(b) In lieu of the database under subsection (a), the Department may elect to publish the list mandated under Section 3-304 in an easily searchable, comprehensive, and downloadable electronic database on the Department's website in plain language.  The database shall include the information from all such lists since 2005 and shall continue indefinitely. The database shall be in an electronic format with active hyperlinks to individual facility citations. The database shall be updated quarterly and shall be electronically searchable using a facility's name and address and the facility owner's name and address.
(Source: P.A. 101-10, eff. 6-5-19.) (210 ILCS 45/3-306) (from Ch. 111 1/2, par. 4153-306)Sec. 3-306. 
In determining whether a penalty is to be imposed and in determining
the amount of the penalty to be imposed, if any, for a violation,
the Director shall consider the following factors:(1) the gravity of the violation, including the     probability that death or serious physical or mental harm to a resident will result or has resulted; the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or regulations were violated;(2) the reasonable diligence exercised by the     licensee and efforts to correct violations;(3) any previous violations committed by the     licensee; and(4) the financial benefit to the facility of     committing or continuing the violation.(Source: P.A. 100-201, eff. 8-18-17.) (210 ILCS 45/3-307) (from Ch. 111 1/2, par. 4153-307)Sec. 3-307. 
The Director may directly assess penalties provided for under
Section 3-305 of this Act.  If the Director determines that a penalty should
be assessed for a particular violation or for failure to correct it, he
shall send a notice to the facility.  The notice shall
specify the amount of the penalty assessed, the violation, and the statute or
rule alleged to have been violated, and shall inform the licensee of the
right to hearing under Section 3-703 of this Act. The notice must contain a detailed computation showing how the amount of the penalty was derived, including the number of days and the number of residents on which the penalty was based. If the violation is
continuing,
the notice shall specify the amount of additional assessment per day for
the continuing violation.
(Source: P.A. 96-729, eff. 8-25-09.) (210 ILCS 45/3-308) (from Ch. 111 1/2, par. 4153-308)Sec. 3-308. 
In the case of a Type "A" violation, a penalty may be assessed
from the date on which the violation is discovered. In the case of a Type
"B" or Type "C" violation or an administrative warning issued pursuant to
Sections 3-401 through 3-413 or the rules promulgated thereunder, the
facility shall submit a plan of correction as
provided in Section 3-303.In the case of a Type "B" violation or an administrative warning issued
pursuant to Sections 3-401 through 3-413 or the rules promulgated
thereunder, a penalty shall be assessed on the
date of notice of the violation, but the Director may reduce the amount or
waive such payment for any of the following reasons:(a) The facility submits a true report of correction     within 10 days;(b) The facility submits a plan of correction within     10 days and subsequently submits a true report of correction within 15 days thereafter;(c) The facility submits a plan of correction within     10 days which provides for a correction time that is less than or equal to 30 days and the Department approves such plan; or(d) The facility submits a plan of correction for     violations involving substantial capital improvements which provides for correction within the initial 90 day limit provided under Section 3-303.The Director or his or her designee may reallocate the amount of a penalty assessed pursuant to Section 3-305.  A facility shall submit to the Director a written request for a penalty reduction, in a form prescribed by the Department, which includes an accounting of all costs for goods and services purchased in correcting the violation. The amount by which a penalty is reduced may not be greater than the amount of the costs reported by the facility.  A facility that accepts a penalty reallocation under this Section waives its right to dispute a notice of violation and any remaining fine or penalty in an administrative hearing. The Director shall consider the following factors:(1) The violation has not caused actual harm to a     resident.(2) The facility has made a diligent effort to     correct the violation and to prevent its recurrence.(3) The facility has no record of a pervasive pattern     of the same or similar violations.(4) The facility did not benefit financially from     committing or continuing the violation.At least annually, and upon request, the Department shall provide a list of all reallocations and the reasons for those reallocations.If a plan of correction is approved and carried out for a Type "C"
violation, the fine provided under Section 3-305 shall be suspended for the
time period specified in the approved plan of correction.  If a plan of
correction is approved and carried out for a Type "B" violation or an
administrative warning issued pursuant to Sections 3-401 through 3-413 or
the rules promulgated thereunder, with respect to a violation that
continues after the date of notice of violation, the fine provided under
Section 3-305 shall be suspended for the time period specified in the
approved plan of correction.If a good faith plan of correction is not received within the time
provided by Section 3-303, a penalty may be assessed from the date of the
notice of the Type "B" or "C" violation or an administrative warning
issued pursuant to Sections 3-401 through 3-413 or the rules promulgated
thereunder served under Section 3-301 until the date of the receipt of a
good faith plan of correction, or until the date the violation is
corrected, whichever is earlier. If a violation is not corrected within the
time specified by an approved plan of correction  or any lawful extension
thereof, a penalty may be assessed from the date of notice of the
violation, until the date the violation is corrected.
(Source: P.A. 96-758, eff. 8-25-09.) (210 ILCS 45/3-308.5)Sec. 3-308.5. Facilities operated by Department of Veterans' Affairs; penalty offset.(a) In the case of a veterans home, institution, or other place operated by or under the authority of the Illinois Department of Veterans' Affairs, the amount of any penalty or fine shall be offset by the cost of the plan of correction, capital improvements, or physical plant repairs. For purposes of this Section only, "offset" means that the amount that the Illinois Department of Veterans' Affairs expends to pay for the cost of a plan of correction shall be deemed by the Illinois Department of Public Health to fully satisfy any monetary penalty or fine imposed by the Department of Public Health.  Once a fine or monetary penalty is offset pursuant to this Section, in no case may the Department of Public Health, with respect to the offense for which the fine or penalty was levied, continue to purport to impose a fine or monetary penalty upon the Department of Veterans' Affairs for that violation.(b) The Director of Public Health shall issue a Declaration to the Director of Veterans' Affairs confirming the citation of each Type "A" violation and request that immediate action be taken to protect the health and safety of the veterans in the facility.
(Source: P.A. 96-703, eff. 8-25-09.) (210 ILCS 45/3-309) (from Ch. 111 1/2, par. 4153-309)Sec. 3-309. 
A facility may contest an assessment of a penalty by sending
a written request to the Department for hearing under Section 3-703.  Upon
receipt of the request the Department shall hold a hearing as provided under
Section 3-703. Instead of requesting a hearing pursuant to Section 3-703, a facility may, within 10 business days after receipt of the notice of violation and fine assessment, transmit to the Department  65% of the amount assessed for each violation specified in the penalty assessment. 
(Source: P.A. 96-1372, eff. 7-29-10; 97-870, eff. 7-30-12.) (210 ILCS 45/3-310) (from Ch. 111 1/2, par. 4153-310)Sec. 3-310. 
All penalties shall be paid to the Department within 10 days
of receipt of notice of assessment or, if the penalty is contested under
Section 3-309, within 10 days of receipt of the final decision, unless the
decision is appealed and the order is stayed by court order under Section
3-713. A facility choosing to waive the right to a hearing under Section 3-309 shall submit a payment totaling 65% of the original fine amount along with the written waiver.  A penalty assessed under this Act shall be collected by the
Department and shall be deposited with the State Treasurer into the Long
Term Care Monitor/Receiver Fund. If the person or facility against whom a
penalty has been assessed does not comply with a written demand for payment
within 30 days, the Director shall issue an order to do any of the following:(1) Direct the State Treasurer or Comptroller to     deduct the amount of the fine from amounts otherwise due from the State for the penalty and remit that amount to the Department;(2) Add the amount of the penalty to the facility's     licensing fee; if the licensee refuses to make the payment at the time of application for renewal of its license, the license shall not be renewed; or(3) Bring an action in circuit court to recover the     amount of the penalty.With the approval of the federal centers for Medicaid and Medicare
services,
the Director of Public Health shall set aside 50% of the federal civil monetary
penalties collected each year to be used to
award
grants under the Equity in Long-term Care Quality
Act.
(Source: P.A. 99-933, eff. 1-27-17.) (210 ILCS 45/3-311) (from Ch. 111 1/2, par. 4153-311)Sec. 3-311. 
		
		In addition to the right to assess penalties under this Act,
the Director may issue a conditional license under Section 3-305 to any
facility if the Director finds that either a Type "A" or Type "B" violation
exists in such facility. The issuance of a conditional license shall revoke
any license held by the facility.
		(Source: P.A. 85-1378.) (210 ILCS 45/3-312) (from Ch. 111 1/2, par. 4153-312)Sec. 3-312. 
		
		Prior to the issuance of a conditional license, the Department
shall review and approve a written plan of correction.  The Department shall
specify the violations which prevent full licensure and shall establish
a time schedule for correction of the deficiencies.  Retention of the license
shall be conditional on the timely correction of the deficiencies in
accordance with the plan of correction.
		(Source: P.A. 83-1530.) (210 ILCS 45/3-313) (from Ch. 111 1/2, par. 4153-313)Sec. 3-313. 
		
		Written notice of the decision to issue a conditional license
shall be sent to the applicant or licensee together with the
specification of all violations of this Act and the rules promulgated
thereunder which prevent full licensure and which form the basis for the
Department's decision to issue a conditional license and the
required plan of correction. The notice shall inform the applicant or
licensee of its right to a full hearing under Section 3-315 to contest the
issuance of the conditional license.
		(Source: P.A. 83-1530.) (210 ILCS 45/3-315) (from Ch. 111 1/2, par. 4153-315)Sec. 3-315. 
		
		If the applicant or licensee desires to contest the basis
for issuance of a conditional license, or the terms of the plan of
correction, the applicant or licensee shall send a written request for
hearing to the Department within 10 days after receipt by the applicant or
licensee of the Department's notice and decision to issue a conditional
license.  The Department shall hold the hearing as provided under Section 3-703.
		(Source: P.A. 83-1530.) (210 ILCS 45/3-316) (from Ch. 111 1/2, par. 4153-316)Sec. 3-316. 
		
		A conditional license shall be issued for a period specified
by the Department, but in no event for more than one year.  The Department
shall periodically inspect any facility operating under a conditional license.
If the Department finds substantial failure by the facility to timely
correct the violations which prevented full licensure and formed the basis
for the Department's decision to issue a conditional license in accordance
with the required plan of correction, the conditional license may be revoked
as provided under Section 3-119.
		(Source: P.A. 83-1530.) (210 ILCS 45/3-318) (from Ch. 111 1/2, par. 4153-318)Sec. 3-318. (a) No person shall:(1) Intentionally fail to correct or interfere with     the correction of a Type "AA", Type "A", or Type "B" violation within the time specified on the notice or approved plan of correction under this Act as the maximum period given for correction, unless an extension is granted and the corrections are made before expiration of extension;(2) Intentionally prevent, interfere with, or attempt     to impede in any way any duly authorized investigation and enforcement of this Act;(3) Intentionally prevent or attempt to prevent any     examination of any relevant books or records pertinent to investigations and enforcement of this Act;(4) Intentionally prevent or interfere with the     preservation of evidence pertaining to any violation of this Act or the rules promulgated under this Act;(5) Intentionally retaliate or discriminate against     any resident or employee for contacting or providing information to any state official, or for initiating, participating in, or testifying in an action for any remedy authorized under this Act;(6) Wilfully file any false, incomplete or     intentionally misleading information required to be filed under this Act, or wilfully fail or refuse to file any required information;(7) Open or operate a facility without a license;(8) Intentionally retaliate or discriminate against     any resident for consenting to authorized electronic monitoring under the Authorized Electronic Monitoring in Long-Term Care Facilities Act; or(9) Prevent the installation or use of an electronic     monitoring device by a resident who has provided the facility with notice and consent as required in Section 20 of the Authorized Electronic Monitoring in Long-Term Care Facilities Act.(b) A violation of this Section is a business offense, punishable by a
fine not to exceed $10,000, except as otherwise provided in subsection (2)
of Section 3-103 as to submission of false or misleading information in
a license application.(c) The State's Attorney of the county in which the  facility is
located, or the Attorney General, shall be notified by the Director
of any violations of this Section.
(Source: P.A. 99-430, eff. 1-1-16.) (210 ILCS 45/3-320) (from Ch. 111 1/2, par. 4153-320)Sec. 3-320. 
		
		All final administrative decisions of the Department under
this Act are subject to judicial review under the Administrative Review
Law, as now or hereafter amended, and the rules adopted pursuant thereto.
The term "administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
		(Source: P.A. 83-1530.) (210 ILCS 45/Art. III Pt. 4 heading) PART 4.  
		DISCHARGE AND TRANSFER (210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401)Sec. 3-401. 
		
		A facility may involuntarily transfer or discharge a resident
only for one or more of the following reasons:(a) for medical reasons;(b) for the resident's physical safety;(c) for the physical safety of other residents, the     facility staff or facility visitors; or(d) for either late payment or nonpayment for the     resident's stay, except as prohibited by Titles XVIII and XIX of the federal Social Security Act.  For purposes of this Section, "late payment" means non-receipt of payment after submission of a bill.  If payment is not received within 45 days after submission of a bill, a facility may send a notice to the resident and responsible party requesting payment within 30 days.  If payment is not received within such 30 days, the facility may thereupon institute transfer or discharge proceedings by sending a notice of transfer or discharge to the resident and responsible party by registered or certified mail.  The notice shall state, in addition to the requirements of Section 3-403 of this Act, that the responsible party has the right to pay the amount of the bill in full up to the date the transfer or discharge is to be made and then the resident shall have the right to remain in the facility.  Such payment shall terminate the transfer or discharge proceedings.  This subsection does not apply to those residents whose care is provided for under the Illinois Public Aid Code. The Department shall adopt rules setting forth the criteria and procedures to be applied in cases of involuntary transfer or discharge permitted under this Section.		(Source: P.A. 91-357, eff. 7-29-99.) (210 ILCS 45/3-401.1) (from Ch. 111 1/2, par. 4153-401.1)Sec. 3-401.1. (a) A facility participating in the Medical Assistance
Program is prohibited from failing or refusing to retain as a resident any
person because he or she is a recipient of or an applicant for the Medical
Assistance Program.(a-5) After the effective date of this amendatory Act of 1997, a facility
of which only a distinct part is certified to participate in the Medical
Assistance Program may refuse to retain as a resident any person who resides in
a part of the facility that does not participate in the Medical Assistance
Program and who is unable to pay for his or her care in the facility without
Medical Assistance only if:(1) the facility, no later than at the time of     admission and at the time of the resident's contract renewal, explains to the resident (unless he or she is incompetent), and to the resident's representative, and to the person making payment on behalf of the resident for the resident's stay, in writing, that the facility may discharge the resident if the resident is no longer able to pay for his or her care in the facility without Medical Assistance;(2) the resident (unless he or she is incompetent),     the resident's representative, and the person making payment on behalf of the resident for the resident's stay, acknowledge in writing that they have received the written explanation.(a-10) For the purposes of this Section, a recipient or
applicant shall be considered a resident in the facility during any
hospital stay totaling 10 days or less following a hospital admission.
The Department of Healthcare and Family Services shall recoup funds from a facility
when, as a result of the facility's refusal to readmit a recipient after
hospitalization for 10 days or less, the recipient incurs hospital bills in
an amount greater than the amount that would have been paid by that
Department (formerly the Illinois Department of Public Aid) for care of the recipient in the facility. The amount of the
recoupment shall be the difference between the Department of Healthcare and Family Services' (formerly the Illinois Department of
Public Aid's) payment for hospital care and the amount that Department
would have paid for care in the facility.(b) A facility which violates this Section shall be guilty of a business
offense and fined not less than $500 nor more than $1,000 for the first
offense and not less than $1,000 nor more than $5,000 for each subsequent
offense.
					(Source: P.A. 95-331, eff. 8-21-07.) (210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402)Sec. 3-402. Involuntary transfer or discharge of a resident from a facility
shall be preceded by the discussion required under Section 3-408 and by
a minimum written notice
of 21 days, except in one of the following instances:(a) When an emergency transfer or discharge is ordered
by the resident's attending physician because of the resident's health
care needs.(b) When the transfer or discharge is mandated by the physical safety of
other residents, the facility staff, or facility visitors, as
documented in the clinical record.
The Department shall be notified prior to any such involuntary transfer
or discharge.  The Department shall immediately offer transfer, or discharge
and relocation assistance to residents transferred or discharged under this
subparagraph (b), and the Department may place relocation teams as
provided in Section 3-419 of this Act.(c) When an identified offender is within the provisional admission period defined in Section 1-120.3. If the Identified Offender  Report and Recommendation  prepared under Section 2-201.6 shows that the identified offender poses a serious threat or danger to the physical safety of other residents, the facility staff, or facility visitors  in the admitting facility and the facility determines that it is unable to provide a safe environment for the other residents, the facility staff, or facility visitors,  the facility shall transfer or discharge the identified offender within 3 days  after  its receipt of  the Identified Offender  Report and Recommendation. (Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/3-403) (from Ch. 111 1/2, par. 4153-403)Sec. 3-403. 
		
		The notice required by Section 3-402 shall be on a form
prescribed by the Department and shall contain all of the following:(a) The stated reason for the proposed transfer or discharge;(b) The effective date of the proposed transfer or discharge;(c) A statement in not less than 12-point type, which reads: "You
have a right to appeal the facility's decision to transfer or discharge
you.  If you think you should not have to leave this facility, you may
file a request for a hearing with the Department of Public Health within
10 days after receiving this notice.  If you request a hearing, it will
be held not later than 10 days after your request, and you generally will
not be transferred or discharged during that time.  If the decision
following the hearing is not in your favor, you generally will not be
transferred or discharged prior to the expiration of 30 days following
receipt of the original notice of the transfer or discharge.  A form to
appeal the facility's decision and to request a hearing is attached.  If
you have any questions, call the Department of Public Health at the
telephone number listed below.";(d) A hearing request form, together with a postage paid,
preaddressed envelope to the Department; and(e) The name, address, and telephone number of the person charged
with the responsibility of supervising the transfer or discharge.
		(Source: P.A. 81-1349.) (210 ILCS 45/3-404) (from Ch. 111 1/2, par. 4153-404)Sec. 3-404. 
		
		A request for a hearing made under Section 3-403 shall stay
a transfer pending a hearing or appeal of the decision, unless a condition
which would have allowed transfer or discharge in less than 21 days as described
under paragraphs (a) and (b) of Section 3-402 develops in the interim.
		(Source: P.A. 81-223.) (210 ILCS 45/3-405) (from Ch. 111 1/2, par. 4153-405)Sec. 3-405. A copy of the notice required by Section 3-402 shall be placed
in the resident's clinical record and a copy shall be transmitted to the
Department, the resident, and the resident's representative.
(Source: P.A. 97-820, eff. 7-17-12.) (210 ILCS 45/3-406) (from Ch. 111 1/2, par. 4153-406)Sec. 3-406. When the basis for an involuntary transfer or discharge is
the result of an action by the Department of Healthcare and Family Services (formerly Department of Public Aid) with
respect to a recipient of Title XIX and a hearing request is filed with
the Department of Healthcare and Family Services (formerly Department of Public Aid), the 21-day written notice period shall not
begin until a final decision in the matter is rendered by the Department of Healthcare and Family Services (formerly Department
of Public Aid) or a court of competent jurisdiction and notice of that final
decision is received by the resident and the facility.
					(Source: P.A. 95-331, eff. 8-21-07.) (210 ILCS 45/3-407) (from Ch. 111 1/2, par. 4153-407)Sec. 3-407. 
		
		When nonpayment is the basis for involuntary transfer or discharge,
the resident shall have the right to redeem up to the date that the discharge
or transfer is to be made and then shall have the right to
remain in the facility.
		(Source: P.A. 81-223.) (210 ILCS 45/3-408) (from Ch. 111 1/2, par. 4153-408)Sec. 3-408. 
		
		The planned involuntary transfer or discharge shall be discussed
with the resident, the resident's representative and person or agency responsible
for the resident's placement, maintenance, and care in the facility.  The
explanation and discussion of the reasons for involuntary
transfer or discharge shall include the facility administrator or other
appropriate facility representative as the administrator's designee.  The
content of the discussion and explanation shall be summarized in writing
and shall include the names of the individuals
involved in the discussions and made a part of the resident's clinical record.
		(Source: P.A. 81-223.) (210 ILCS 45/3-409) (from Ch. 111 1/2, par. 4153-409)Sec. 3-409. 
		
		The facility shall offer the resident counseling services
before the transfer or discharge of the resident.
		(Source: P.A. 81-223.) (210 ILCS 45/3-410) (from Ch. 111 1/2, par. 4153-410)Sec. 3-410. 
		
		A resident subject to involuntary transfer or discharge from
a facility, the resident's guardian or if the resident is a minor, his parent
shall have the opportunity to file a request for a hearing with the Department
within 10 days following receipt of the written notice
of the involuntary transfer or discharge by the facility.
		(Source: P.A. 81-223.) (210 ILCS 45/3-411) (from Ch. 111 1/2, par. 4153-411)Sec. 3-411. The Department of Public Health, when the basis for
involuntary transfer or discharge is other than action by the Department of Healthcare and Family Services (formerly
						Department
of Public Aid) with respect to the Title XIX Medicaid recipient, shall
hold a hearing at the resident's facility not later than 10 days after a
hearing request is filed, and render a decision within 14 days after the
filing of the hearing request.
					(Source: P.A. 95-331, eff. 8-21-07.) (210 ILCS 45/3-412) (from Ch. 111 1/2, par. 4153-412)Sec. 3-412. 
		
		The hearing before the Department provided under Section 3-411
shall be conducted as prescribed under Section 3-703. In determining whether
a transfer or discharge is authorized, the burden of proof in this hearing
rests on the person requesting the transfer or discharge.
		(Source: P.A. 81-223.) (210 ILCS 45/3-413) (from Ch. 111 1/2, par. 4153-413)Sec. 3-413. 
		
		If the Department determines that a transfer or discharge
is authorized under Section 3-401, the resident shall not be required to
leave the facility before the 34th day following receipt of the notice required
under Section 3-402, or the 10th day following receipt of the Department's
decision, whichever is later, unless a condition which would have allowed
transfer or discharge in less than 21 days as described under paragraphs
(a) and (b) of Section 3-402 develops in the interim.
		(Source: P.A. 81-223.) (210 ILCS 45/3-414) (from Ch. 111 1/2, par. 4153-414)Sec. 3-414. The Department of Healthcare and Family Services shall continue Title XIX Medicaid
funding during the appeal, transfer, or discharge period for those residents
who are Title XIX recipients affected by Section 3-401.
					(Source: P.A. 95-331, eff. 8-21-07.) (210 ILCS 45/3-415) (from Ch. 111 1/2, par. 4153-415)Sec. 3-415. 
		
		The Department may transfer or discharge any resident from
any facility required to be licensed under this Act when any of the following
conditions exist:(a) Such facility is operating without a license;(b) The Department has suspended, revoked or refused to renew the license
of the facility as provided under Section 3-119;(c) The facility has requested the aid of the Department in the transfer
or discharge of the resident and the Department finds that the resident
consents to transfer or discharge;(d) The facility is closing or intends to close and adequate arrangement
for relocation of the resident has not been made at least 30 days prior to closure; or(e) The Department determines that an emergency exists which requires
immediate transfer or discharge of the resident.
		(Source: P.A. 81-223.) (210 ILCS 45/3-416) (from Ch. 111 1/2, par. 4153-416)Sec. 3-416. 
		
		In deciding to transfer or discharge a resident from a facility
under Section 3-415, the Department shall consider the likelihood
of serious harm which may result if the resident remains in the facility.
		(Source: P.A. 81-223.) (210 ILCS 45/3-417) (from Ch. 111 1/2, par. 4153-417)Sec. 3-417. Transfer or discharge; alternative placements. The Department shall offer transfer or discharge and relocation
assistance to residents transferred or discharged under Sections 3-401 through
3-415, including information on available alternative placements.  Residents
shall be involved in planning the transfer or discharge and shall choose
among the available alternative placements, except that where an emergency
makes prior resident involvement impossible the Department may make a temporary
placement until a final placement can be arranged.  Residents may choose
their final alternative placement and shall be given assistance in transferring
to such place.  No resident may be forced to remain in a temporary or permanent
placement.  Where the Department makes or participates
in making the relocation decision, consideration shall be given to proximity
to the resident's relatives and friends. The resident shall be allowed 3
visits to potential alternative placements prior to removal, except where
medically contraindicated or where the need for immediate transfer or discharge
requires reduction in the number of visits.When the Department provides information on available alternative placements in community-based settings for individuals being discharged or transferred from facilities licensed under this Act, the information must include a comprehensive list of a range of appropriate, client-oriented services and the name of and contact information for the ADA coordinator in the relocation locale. The comprehensive list must include the name and contact information for each agency or organization providing those services and a summary of the services provided by each agency or organization. A hotline or similar crisis telephone number must also be provided to individuals relocating into the community. 
(Source: P.A. 96-477, eff. 8-14-09.) (210 ILCS 45/3-418) (from Ch. 111 1/2, par. 4153-418)Sec. 3-418. 
		
		The Department shall prepare resident transfer or discharge
plans to assure safe and orderly removals and protect residents' health,
safety, welfare and rights.  In nonemergencies, and where possible in emergencies,
the Department shall design and implement such plans in advance of transfer
or discharge.
		(Source: P.A. 81-223.) (210 ILCS 45/3-419) (from Ch. 111 1/2, par. 4153-419)Sec. 3-419. 
		
		The Department may place relocation teams in any facility from
which residents are being discharged or transferred for any reason, for
the purpose of implementing transfer or discharge plans.
		(Source: P.A. 81-223.) (210 ILCS 45/3-420) (from Ch. 111 1/2, par. 4153-420)Sec. 3-420. 
		
		In any transfer or discharge conducted under Sections 3-415
through 3-418 the Department shall:(a) Provide written notice to the facility prior to the transfer or
discharge. The notice shall state the basis for the order of transfer or
discharge and shall inform the facility of its right to an informal conference
prior to transfer or discharge under this Section, and its right to a
subsequent hearing under Section 3-422.  If a facility desires to contest a
nonemergency transfer or discharge, prior to transfer or discharge it shall,
within 4 working days after receipt of the notice, send a written request for
an informal conference to the Department.  The Department shall, within 4
working days from the receipt of the request, hold an informal conference in
the county in which the facility is located.  Following this conference,
the Department may affirm, modify or overrule its previous decision. Except
in an emergency, transfer or discharge may not begin until the period for
requesting a conference has passed or, if a conference is requested, until
after a conference has been held; and(b) Provide written notice to any resident to be removed, to the resident's
representative, if any, and to a member of the resident's family, where
practicable, prior to the removal.  The notice shall state the reason for
which transfer or discharge is ordered and shall inform the resident of
the resident's right to challenge the transfer or discharge under Section
3-422.  The Department shall hold an informal conference with the resident
or the resident's representative prior to transfer or discharge at which
the resident or the representative may present any objections to the proposed
transfer or discharge plan or alternative placement.
		(Source: P.A. 81-223.) (210 ILCS 45/3-421) (from Ch. 111 1/2, par. 4153-421)Sec. 3-421. In any transfer or discharge conducted under subsection (e)
of Section 3-415, the Department shall notify the facility and any resident
to be removed that an emergency has been found to exist and removal
has been ordered, and shall involve the residents in removal planning if
possible. With the consent of the resident or his or her representative, the facility must inform the resident's designated case coordination unit, as defined in 89 Ill. Adm. Code 240.260, of the resident's pending discharge and must provide the resident or his or her representative with the case coordination unit's telephone number and other contact information. Following emergency removal, the Department shall provide written
notice to the facility, to the resident, to the resident's representative,
if any, and to a member of the resident's family, where practicable, of
the basis for the finding that an emergency existed and of the right to
challenge removal under Section 3-422.

					(Source: P.A. 94-767, eff. 5-12-06.) (210 ILCS 45/3-422) (from Ch. 111 1/2, par. 4153-422)Sec. 3-422. 
		
		Within 10 days following transfer or discharge, the facility
or any resident transferred or discharged may send a written request to
the Department for a hearing under Section 3-703 to challenge the transfer
or discharge. The Department shall hold the hearing within 30 days of receipt
of the request. The hearing shall be held at the facility from which the
resident is being transferred or discharged, unless the resident or
resident's representative, requests an alternative hearing site.  If the
facility prevails, it may file a claim against the State under the "Court
of Claims Act" for payments lost less expenses saved as a result of the
transfer or discharge. No resident transferred or discharged may be held
liable for the charge for care which would have been made had the resident
remained in the facility. If a resident prevails,
the resident may file a claim against the State under the "Court of Claims
Act" for any excess expenses directly caused by the order to transfer or
discharge.  The Department shall assist the resident in returning to the
facility if assistance is requested.
		(Source: P.A. 85-1378.) (210 ILCS 45/3-423) (from Ch. 111 1/2, par. 4153-423)Sec. 3-423. 
The administrator of a facility licensed under this Act shall give 60
 days notice prior to voluntarily closing a facility or closing any part
of a facility, or prior to closing any part of a facility if closing such
part will require the transfer or discharge of more than 10% of the residents.
Such notice shall be given to the Department, to the Office of State Long Term Care Ombudsman, to any resident who must be
transferred or discharged, to the resident's representative, and to a member
of the resident's family, where practicable. If the Department suspends, revokes, or denies renewal of the facility's license, then notice shall be given no later than the date specified by the Department. Notice shall state the proposed
date of closing and the reason for closing. The facility shall submit a closure plan to the Department for approval which shall address the process for the safe and orderly transfer of residents. The approved plan shall be included in the notice.
The facility shall offer to assist the resident in securing an alternative
placement and shall advise the resident on available alternatives. Where
the resident is unable to choose an alternate placement and is not under
guardianship, the Department shall be notified of the need for relocation
assistance. A facility closing in its entirety shall not admit any new residents on or after the date written notice is submitted to the Department under this Section. The facility shall comply with all applicable laws and regulations until
the date of closing, including those related to transfer or discharge of
residents. The Department may place a relocation team in the facility as
provided under Section 3-419.
(Source: P.A. 98-834, eff. 8-1-14.) (210 ILCS 45/Art. III Pt. 5 heading) PART 5.  
		MONITORS AND RECEIVERSHIP (210 ILCS 45/3-501) (from Ch. 111 1/2, par. 4153-501)Sec. 3-501. The Department may place an employee or agent to serve as a
monitor in a facility or may petition the circuit court for appointment of a
receiver for a facility, or both, when any of the following conditions exist:(a) The facility is operating without a license;(b) The Department has suspended, revoked or refused     to renew the existing license of the facility;(c) The facility is closing or has informed the     Department that it intends to close and adequate arrangements for relocation of residents have not been made at least 30 days prior to closure;(d) The Department determines that an emergency     exists, whether or not it has initiated revocation or nonrenewal procedures, if because of the unwillingness or inability of the licensee to remedy the emergency the Department believes a monitor or receiver is necessary;(e) The Department is notified that the facility is     terminated or will not be renewed for participation in the federal reimbursement program under either Title XVIII or Title XIX of the Social Security Act; or(f)  The facility has been designated a distressed     facility by the Department and does not have a consultant employed pursuant to subsection (f) of  Section 3-304.2 and an acceptable plan of improvement, or the Department has reason to believe the facility is not complying with the plan of improvement.  Nothing in this paragraph (f)  shall preclude the Department from placing a monitor in a facility if otherwise justified by law.As used in subsection (d) and Section 3-503, "emergency" means a threat
to the health, safety or welfare of a resident that the facility is
unwilling or unable to correct.(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/3-502) (from Ch. 111 1/2, par. 4153-502)Sec. 3-502. 
		
		In any situation described in Section 3-501, the Department
may place a qualified person to act as monitor in the facility. The monitor
shall observe operation of the facility, assist the facility by advising
it on how to comply with the State regulations, and shall report periodically
to the Department on the operation of the facility.
		(Source: P.A. 81-223.) (210 ILCS 45/3-503) (from Ch. 111 1/2, par. 4153-503)Sec. 3-503. 
		
		Where a resident, a resident's representative or a resident's
next of kin believes that an emergency exists each of them, collectively
or separately, may file a verified petition to the circuit court for the
county in which the facility is located for an order placing the facility
under the control of a receiver.
		(Source: P.A. 81-223.) (210 ILCS 45/3-504) (from Ch. 111 1/2, par. 4153-504)Sec. 3-504. The court shall hold a hearing within 5 days of the filing
of the petition. The petition and notice of the hearing shall be served
on the owner, administrator or designated agent of the facility as provided
under the Civil Practice Law, or the petition and notice of
hearing shall be posted in a conspicuous place in the facility not later
than 3 days before the time specified for the hearing, unless a different
period is fixed by order of the court. The court shall appoint a receiver
 if it finds that:(a) The facility is operating without a license;(b) The Department has suspended, revoked or refused     to renew the existing license of a facility;(c) The facility is closing or has informed the     Department that it intends to close and adequate arrangements for relocation of residents have not been made at least 30 days prior to closure; or(d) An emergency exists, whether or not the     Department has initiated revocation or nonrenewal procedures, if because of the unwillingness or inability of the licensee to remedy the emergency the appointment of a receiver is necessary.(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/3-505) (from Ch. 111 1/2, par. 4153-505)Sec. 3-505. 
		
		If a petition filed under Section 3-503 alleges that the conditions
set out in subsection 3-504 (d) exist within a facility, the court may set
the matter for hearing at the earliest possible time. The petitioner shall
notify the licensee, administrator of the facility, or registered agent
of the licensee prior to the hearing. Any form of written notice may be
used. A receivership shall not be established ex parte unless the court
determines that the conditions set out in subsection 3-504 (d) exist in
a facility; that the licensee cannot be found; and that the petitioner has
exhausted all reasonable means of
locating and notifying the licensee, administrator or registered agent.
		(Source: P.A. 81-223.) (210 ILCS 45/3-506) (from Ch. 111 1/2, par. 4153-506)Sec. 3-506. 
		
		The court may appoint any qualified person as a receiver, except
it shall not appoint any owner or affiliate of the facility which is in
receivership as its receiver.  The Department shall maintain a list of such
persons to operate facilities which the court may consider. The court shall
give preference to licensed nursing home administrators in appointing a receiver.
		(Source: P.A. 81-1349.) (210 ILCS 45/3-507) (from Ch. 111 1/2, par. 4153-507)Sec. 3-507. 
		
		The receiver shall make provisions for the continued health,
safety and welfare of all residents of the facility.
		(Source: P.A. 81-223.) (210 ILCS 45/3-508) (from Ch. 111 1/2, par. 4153-508)Sec. 3-508. A receiver appointed under this Act:(a) Shall exercise those powers and shall perform     those duties set out by the court.(b) Shall operate the facility in such a manner as to     assure safety and adequate health care for the residents.(c) Shall have the same rights to possession of the     building in which the facility is located and of all goods and fixtures in the building at the time the petition for receivership is filed as the owner would have had if the receiver had not been appointed, and of all assets of the facility. The receiver shall take such action as is reasonably necessary to protect or conserve the assets or property of which the receiver takes possession, or the proceeds from any transfer thereof, and may use them only in the performance of the powers and duties set forth in this Section and by order of the court.(d) May use the building, fixtures, furnishings and     any accompanying consumable goods in the provision of care and services to residents and to any other persons receiving services from the facility at the time the petition for receivership was filed. The receiver shall collect payments for all goods and services provided to residents or others during the period of the receivership at the same rate of payment charged by the owners at the time the petition for receivership was filed.(e) May correct or eliminate any deficiency in the     structure or furnishings of the facility which endangers the safety or health of residents while they remain in the facility, provided the total cost of correction does not exceed   $3,000.  The court may order expenditures for this purpose in excess of $3,000 on application from the receiver after notice to the owner and hearing.(f) May let contracts and hire agents and employees     to carry out the powers and duties of the receiver under this Section.(g) Except as specified in Section 3-510, shall honor     all leases, mortgages and secured transactions governing the building in which the facility is located and all goods and fixtures in the building of which the receiver has taken possession, but only to the extent of payments which, in the case of a rental agreement, are for the use of the property during the period of the receivership, or which, in the case of a purchase agreement, come due during the period of the receivership.(h) Shall have full power to direct and manage and to     discharge employees of the facility, subject to any contract rights they may have.  The receiver shall pay employees at the same rate of compensation, including benefits, that the employees would have received from the owner. Receivership does not relieve the owner of any obligation to   employees not carried out by the receiver.(i) Shall, if any resident is transferred or     discharged, follow the procedures set forth in Part 4 of this Article.(j) Shall be entitled to and shall take possession of     all property or assets of residents which are in the possession of a facility or its owner.  The receiver shall preserve all property, assets and records of residents of which the receiver takes possession and shall provide for the prompt transfer of the property, assets and records to the new placement of any transferred resident.(k) Shall report to the court on any actions he has     taken to bring the facility into compliance with this Act or with Title XVIII or XIX of the Social Security Act that he believes should be continued when the receivership is terminated in order to protect the health, safety or welfare of the residents.					(Source: P.A. 95-331, eff. 8-21-07.) (210 ILCS 45/3-509) (from Ch. 111 1/2, par. 4153-509)Sec. 3-509. 
		
		(a) A person who is served with notice of an order of the
court appointing a receiver and of the receiver's name and address shall
be liable to pay the receiver for any goods or services provided by the
receiver after the date of the order if the person would have been liable
for the goods or services as supplied by the owner.  The receiver shall
give a receipt for each payment and shall keep a copy of each receipt on
file.  The receiver shall deposit amounts received in a separate account
and shall use this account for all disbursements.(b) The receiver may bring an action to enforce the liability created
by subsection (a) of this Section.(c) A payment to the receiver of any sum owing to the facility or its
owner shall discharge any obligation to the facility to the extent of the payment.
		(Source: P.A. 81-223.) (210 ILCS 45/3-510) (from Ch. 111 1/2, par. 4153-510)Sec. 3-510. 
		
		(a) A receiver may petition the court that he not be required
to honor any lease, mortgage, secured transaction or other wholly or partially
executory contract entered into by the owner of the facility if the rent,
price or rate of interest required to be paid under the agreement was substantially
in excess of a reasonable rent, price or rate of interest at the time the
contract was entered into, or if any material provision of the agreement
was unreasonable.(b) If the receiver is in possession of real estate or goods subject to
a lease, mortgage or security interest which the receiver has obtained a
court order to avoid under subsection (a) of this Section, and if the real
estate or goods are necessary for the continued operation of the facility
under this Section, the receiver may apply to the court to set a reasonable
rental, price or
rate of interest to be paid by the receiver during the duration of the receivership.
The court shall hold a hearing on the application within 15 days.  The receiver
shall send notice of the application to any known persons who own the property
involved at least 10 days prior to the hearing.  Payment by the receiver
of the amount determined by the court to be reasonable is a defense to any
action against the receiver for payment or for possession of the goods or
real estate subject to the lease, security interest or mortgage involved
by any person who received such notice, but the payment does not relieve
the owner of the facility of any liability for the difference between the
amount paid by the receiver and the amount due under the original lease,
security interest or mortgage involved.
		(Source: P.A. 81-223.) (210 ILCS 45/3-511) (from Ch. 111 1/2, par. 4153-511)Sec. 3-511. 
If funds collected under Sections 3-508 and 3-509 are
insufficient to meet the expenses of performing the powers and duties
conferred on the receiver or the monitor, or if there are insufficient funds on hand to
meet those expenses, the Department may reimburse the receiver or the monitor for those
expenses from funds appropriated for its ordinary and contingent expenses
by the General Assembly after funds contained in the Long Term Care
Monitor/Receiver Fund, not allocated for the costs associated with hiring and maintaining of surveyors, have  been exhausted.
(Source: P.A. 98-765, eff. 7-16-14.) (210 ILCS 45/3-512) (from Ch. 111 1/2, par. 4153-512)Sec. 3-512. 
		
		The court shall set the compensation of the receiver, which
will be considered a necessary expense of a receivership under Section 3-516.
		(Source: P.A. 81-223.) (210 ILCS 45/3-513) (from Ch. 111 1/2, par. 4153-513)Sec. 3-513. 
		
		(a) In any action or special proceeding brought against a receiver
in the receiver's official capacity for acts committed while carrying out
powers and duties under this Article, the receiver shall be considered a
public employee under the "Local Governmental and Governmental Employees
Tort Immunity Act", as now or hereafter amended.(b) A receiver may be held liable in a personal capacity only for the
receiver's own gross negligence, intentional acts or breach of fiduciary duty.(c) The court may require a receiver to post a bond.
		(Source: P.A. 81-223.) (210 ILCS 45/3-514) (from Ch. 111 1/2, par. 4153-514)Sec. 3-514. 
		
		Other provisions of this Act notwithstanding, the Department
may issue a license to a facility placed in receivership.  The duration
of a license issued under this Section is limited to the duration of the receivership.
		(Source: P.A. 81-223.) (210 ILCS 45/3-515) (from Ch. 111 1/2, par. 4153-515)Sec. 3-515. 
		The court may terminate a receivership:(a) If the time period specified in the order     appointing the receiver elapses and is not extended;(b) If the court determines that the receivership is     no longer necessary because the conditions which gave rise to the receivership no longer exist; or the Department grants the facility a new license, whether the structure of the facility, the right to operate the facility, or the land on which it is located is under the same or different ownership; or(c) If all of the residents in the facility have been     transferred or discharged.Before terminating a receivership, the court may order the Department
to require any licensee to comply with the recommendations of the receiver
made under subsection (k) of Section 3-508.  A licensee may petition the
court to be relieved of this requirement.
		(Source: P.A. 87-549.) (210 ILCS 45/3-516) (from Ch. 111 1/2, par. 4153-516)Sec. 3-516. 
		
		(a) Within 30 days after termination, the receiver shall give
the court a complete accounting of all property of which the receiver has
taken possession, of all funds collected, and of the expenses of the receivership.(b) If the operating funds collected by the receiver under Sections 3-508
and 3-509 exceed the reasonable expenses of the receivership, the court
shall order payment of the surplus to the owner, after reimbursement of
funds drawn from the contingency fund under Section 3-511.  If the operating
funds are insufficient to cover the reasonable expenses of the receivership,
the owner shall be liable for the deficiency.  Payment recovered from the
owner shall be used to reimburse the contingency fund for amounts drawn
by the receiver under Section 3-511.(c) The Department shall have a lien for any payment made under Section
3-511 upon any beneficial interest, direct or indirect, of any owner in
the following property:(1) The building in which the facility is located;(2) Any fixtures, equipment or goods used in the operation of the facility;(3) The land on which the facility is located; or(4) The proceeds from any conveyance of property described in subparagraphs
 (1), (2) or (3) above, made by the owner within
one year prior to the filing of the petition for receivership.(d) The lien provided by this Section is prior to any lien or other interest
which originates subsequent to the filing of a petition for receivership
under this Article, except for a construction or mechanic's lien arising
out of work performed with the express consent of the receiver.(e) The receiver shall, within 60 days after termination of the receivership,
file a notice of any lien created under this Section.  If the lien is on
real property, the notice shall be filed with the recorder.  If the lien
is on personal property, the lien shall be filed with
the Secretary of State.  The notice shall specify the name of the person
against whom the lien is claimed, the name of the receiver, the dates of
the petition for receivership and the termination of receivership, a description of the
property involved and the amount claimed.  No lien shall exist under this
Article against any person, on any property, or for any amount not specified
in the notice filed under this subsection (e).
		(Source: P.A. 83-358.) (210 ILCS 45/3-517) (from Ch. 111 1/2, par. 4153-517)Sec. 3-517. 
		
		Nothing in this Act shall be deemed to relieve any owner,
administrator or employee of a facility placed in receivership of any civil
or criminal liability incurred, or any duty imposed by law, by reason of
acts or omissions of the owner, administrator, or employee prior to the
appointment of a receiver; nor shall anything contained in this Act be construed
to suspend during the receivership any obligation of the owner, administrator,
or employee for payment of taxes or other operating and maintenance expenses
of the facility nor of the owner, administrator, employee or any other person
for the payment of mortgages or liens. The owner shall retain the right
to sell or mortgage any facility under receivership, subject to approval
of the court which ordered the receivership.
		(Source: P.A. 81-223.) (210 ILCS 45/3-518)Sec. 3-518. Fines. Beginning January 15, 2014, and each January 15 thereafter, the Department shall submit to the General Assembly, the Department's Long-Term Care Facility Advisory Board, and the State Ombudsman an accounting of all federal and State fines received by the Department in the preceding fiscal year by the fund in which they have been deposited.  For each fund, the report shall show the source of all moneys that are deposited into each fund and the purpose and amount of all expenditures from each fund.
(Source: P.A. 98-85, eff. 7-15-13.) (210 ILCS 45/Art. III Pt. 6 heading) PART 6.  
		DUTIES (210 ILCS 45/3-601) (from Ch. 111 1/2, par. 4153-601)Sec. 3-601. 
		
		The owner and licensee are liable to a resident for any intentional
or negligent act or omission of their agents or employees which injures the resident.
		(Source: P.A. 81-223.) (210 ILCS 45/3-602) (from Ch. 111 1/2, par. 4153-602)Sec. 3-602. 
		
		The licensee shall pay the actual damages and costs and
attorney's fees to a facility
resident
whose rights, as specified in Part 1 of Article II of this Act, are violated.
		(Source: P.A. 89-197, eff. 7-21-95.) (210 ILCS 45/3-603) (from Ch. 111 1/2, par. 4153-603)Sec. 3-603. 
		
		A resident may maintain an action under this Act for any other
type of relief, including injunctive and declaratory relief, permitted by law.
		(Source: P.A. 81-223.) (210 ILCS 45/3-604) (from Ch. 111 1/2, par. 4153-604)Sec. 3-604. 
		
		Any damages recoverable under Sections 3-601 through 3-607,
including minimum damages as provided by these Sections, may be recovered
in any action which a court may authorize to be brought as a class action
pursuant to the Civil Practice Law.  The remedies provided in
Sections 3-601 through 3-607, are in addition to and cumulative with any
other legal remedies available to a resident.  Exhaustion of any available
administrative remedies shall not be required prior to commencement of suit
hereunder.
		(Source: P.A. 82-783.) (210 ILCS 45/3-605) (from Ch. 111 1/2, par. 4153-605)Sec. 3-605. 
		
		The amount of damages recovered by a resident in an action
brought under Sections 3-601 through 3-607 shall be exempt for purposes
of determining initial or continuing eligibility for medical assistance
under "The Illinois Public Aid Code", as now or hereafter amended, and shall
neither be taken into consideration nor required to be applied toward the
payment or partial payment of the cost of medical care or services available
under "The Illinois Public Aid Code".
		(Source: P.A. 81-223.) (210 ILCS 45/3-606) (from Ch. 111 1/2, par. 4153-606)Sec. 3-606. 
		
		Any waiver by a resident or his legal representative of the
right to commence an action under Sections 3-601 through 3-607, whether
oral or in writing, shall be null and void, and without legal force or effect.
		(Source: P.A. 81-223.) (210 ILCS 45/3-607) (from Ch. 111 1/2, par. 4153-607)Sec. 3-607. 
		
		Any party to an action brought under Sections 3-601 through
3-607 shall be entitled to a trial by jury and any waiver of the right to
a trial by a jury, whether oral or in writing, prior to the commencement
of an action, shall be null and void, and without legal force or effect.
		(Source: P.A. 81-223.) (210 ILCS 45/3-608) (from Ch. 111 1/2, par. 4153-608)Sec. 3-608. 
		
		A licensee or its agents or employees shall not transfer,
discharge, evict, harass, dismiss, or retaliate against a resident, a resident's
representative, or an employee or agent who makes a report under Section
2-107, brings or testifies in an action under Sections 3-601 through 3-607,
or files a complaint under Section 3-702, because of the report, testimony,
or complaint.
		(Source: P.A. 81-223.) (210 ILCS 45/3-609) (from Ch. 111 1/2, par. 4153-609)Sec. 3-609. 
		
		Any person, institution or agency, under this Act, participating
in good faith in the making of a report, or in the investigation of such
a report shall not be deemed to have violated any privileged communication
and shall have immunity from any liability, civil, criminal or any other
proceedings, civil or criminal as a consequence of making such report.
The good faith of any persons required to report, or permitted to report,
cases of suspected resident abuse or neglect under this Act, shall be presumed.
		(Source: P.A. 81-223.) (210 ILCS 45/3-610) (from Ch. 111 1/2, par. 4153-610)Sec. 3-610. Duty to report violations.(a) A facility employee or agent who becomes aware of abuse or
neglect of a resident prohibited by Section 2-107 shall immediately report
the matter to the Department and to the facility administrator.  A facility
administrator who becomes aware of abuse or neglect of a resident prohibited
by Section 2-107 shall immediately report the matter by telephone and in
writing to the resident's representative, and to the Department.  Any person
may report a violation of Section 2-107 to the Department.(b) A facility employee or agent who becomes aware of another facility employee or agent's theft or misappropriation of a resident's property must immediately report the matter to the facility administrator.  A facility administrator who becomes aware of a facility employee or agent's theft or misappropriation of a resident's property must immediately report the matter by telephone and in writing to the resident's representative, to the Department, and to the local law enforcement agency.  Neither a licensee nor its employees or agents may dismiss or otherwise retaliate against a facility employee or agent who reports the theft or misappropriation of a resident's property under this subsection.
					(Source: P.A. 94-26, eff. 1-1-06.) (210 ILCS 45/3-611) (from Ch. 111 1/2, par. 4153-611)Sec. 3-611. 
		Employee as perpetrator of abuse. 
		When an investigation
of a report of suspected abuse of a recipient indicates, based upon
credible evidence, that an employee of a long term care facility is the
perpetrator of the abuse, that employee shall immediately be barred from
any further contact with residents of the facility, pending the outcome of
any further investigation, prosecution or disciplinary action against the employee.
		(Source: P.A. 86-1013.) (210 ILCS 45/3-612) (from Ch. 111 1/2, par. 4153-612)Sec. 3-612. 
		Resident as perpetrator of abuse. 
		When an investigation
of a report of suspected abuse of a resident indicates, based upon credible
evidence, that another resident of the long term care facility is the
perpetrator of the abuse, that resident's condition shall be immediately
evaluated to determine the most suitable therapy and placement for the
resident, considering the safety of that resident as well as the safety of
other residents and employees of the facility.
		(Source: P.A. 86-1013.) (210 ILCS 45/3-613)(Text of Section from P.A. 102-1007)Sec. 3-613. Facility employee assistance programs. A facility shall ensure that nurses employed by the facility are aware of employee assistance programs or other like programs available for the physical and mental well-being of the employee.  The facility shall provide information on these programs, no less than at the time of employment and during any benefit open enrollment period, by an information form about the respective programs that a nurse must sign during onboarding at the facility.  The signed information form shall be added to the nurse's personnel file.  The facility may provide this information to nurses electronically.
(Source: P.A. 102-1007, eff. 1-1-23.)(Text of Section from P.A. 102-1037)Sec. 3-613. Certified nursing assistant interns.(a) A certified nursing assistant intern shall report to a
facility's charge nurse or nursing supervisor and may only be
assigned duties authorized in Section 2310-434 of the
Department of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois by a supervising nurse.(b) A facility shall notify its certified and licensed
staff members, in writing, that a certified nursing assistant
intern may only provide the services and perform the
procedures permitted under Section 2310-434 of the Department
of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois. The notification shall detail
which duties may be delegated to a certified nursing assistant
intern. The facility shall establish a policy describing the authorized duties, supervision, and evaluation of certified nursing assistant interns available upon request of the Department and any surveyor.(c) If a facility learns that a certified nursing
assistant intern is performing work outside the scope of
the Certified Nursing Assistant Intern Program's training, the facility shall:(1) stop the certified nursing assistant intern from     performing the work;(2) inspect the work and correct mistakes, if the     work performed was done improperly;(3) assign the work to the appropriate personnel; and(4) ensure that a thorough assessment of any resident     involved in the work performed is completed by a registered nurse.(d) A facility that employs a certified nursing assistant intern in violation of this Section shall be subject to civil penalties or fines under Section 3-305.(e) A minimum of 50% of nursing and personal care time  shall be provided by a certified nursing assistant, but no more than 15% of nursing and personal care time may be provided by a certified nursing assistant intern. 
(Source: P.A. 102-1037, eff. 6-2-22.) (210 ILCS 45/Art. III Pt. 7 heading) PART 7.  
		COMPLAINT, HEARING AND APPEAL (210 ILCS 45/3-701) (from Ch. 111 1/2, par. 4153-701)Sec. 3-701. 
		
		The operation or maintenance of a facility in violation of
this Act, or of the rules and regulations promulgated by the Department,
is declared a public nuisance inimical to the public welfare. The Director
in the name of the people of the State, through the Attorney General, or
the State's Attorney of the county in which the facility is located, or
in respect to any city, village or incorporated town which provides for
the licensing and regulation of any or all such facilities, the Director
or the mayor or president of the Board of Trustees, as the case may require,
of the city, village or incorporated town, in the name of the people of
the State, through the Attorney General or State's attorney of the county
in which the facility is located, may, in addition to other remedies herein
provided, bring action for an injunction to restrain such violation or to
enjoin the future operation or maintenance of any such facility.
		(Source: P.A. 81-223.) (210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)Sec. 3-702. 
(a) A person who believes that this Act or a rule promulgated
under this Act may have been violated may request an investigation. The
request may be submitted to the Department in writing, by telephone, by electronic means, or by
personal visit. An oral complaint shall be reduced to writing by the
Department. The Department shall make available, through its website and upon request, information regarding the oral and phone intake processes and the list of questions that will be asked of the complainant. The Department shall request information identifying the
complainant, including the name, address and telephone number, to help
enable appropriate follow-up. The Department shall act on such complaints
via on-site visits or other methods deemed appropriate to handle the
complaints with or without such identifying information, as otherwise
provided under this Section. The complainant shall be informed that
compliance with such request is not required to satisfy the procedures for
filing a complaint under this Act. The Department must notify complainants that complaints with less information provided are far more difficult to respond to and investigate.(b) The substance of the complaint shall be provided in writing to the
licensee, owner, or administrator no earlier than at the commencement of an
on-site inspection of the facility which takes place pursuant to the complaint.(c) The Department shall not disclose the name of the complainant unless
the complainant consents in writing to the disclosure or the investigation
results in a judicial proceeding, or unless disclosure is essential to the
investigation. The complainant shall be given the opportunity to withdraw
the complaint before disclosure. Upon the request of the complainant, the
Department may permit the complainant or a representative of the complainant
to accompany the person making the on-site inspection of the facility.(d) Upon receipt of a complaint, the Department shall determine whether this
Act or a rule promulgated under this Act has been or is being violated. The
Department shall investigate all complaints alleging abuse or neglect within
7 days after the receipt of the complaint except that complaints of abuse
or neglect which indicate that a resident's life or safety is in imminent
danger shall be investigated within 24 hours after receipt of the
complaint.  All other complaints shall be investigated within 30 days after
the receipt of the complaint. The Department employees investigating a
complaint shall conduct a brief, informal exit conference with the facility
to alert its administration of any suspected serious deficiency that poses
a direct threat to the health, safety or welfare of a resident to enable an
immediate correction for the alleviation or elimination of such threat.
Such information and findings discussed in the brief exit conference shall
become a part of the investigating record but shall not in any way
constitute an official or final notice of violation as provided under
Section 3-301. All complaints shall be classified as
"an invalid report", "a valid report", or "an undetermined
report". For any complaint classified as "a valid report", the
Department must determine within 30 working days after any Department employee enters a facility to begin an on-site inspection
if any rule or provision of this Act has been or is being violated.(d-1) The Department shall, whenever possible, combine an on-site
investigation of a complaint in a facility with other inspections in order
to avoid duplication of inspections.(e) In all cases, the Department shall inform the complainant of its
findings within 10 days of its determination unless otherwise indicated
by the complainant, and the complainant may direct the Department to
send a copy of such findings to another person. The Department's findings
may include comments or documentation provided by either the complainant
or the licensee pertaining to the complaint. The Department shall also
notify the facility of such findings within 10 days of the determination,
but the name of the complainant or residents shall not be disclosed in this
notice to the facility. The notice of such
findings shall include a copy of the written determination; the
correction order, if any; the warning notice, if any; the inspection
report; or the State licensure form on which the violation is listed.(f) A written determination, correction order, or warning notice
concerning a complaint, together with the facility's response, shall be
available for public inspection, but the name of the complainant or
resident shall not be disclosed without his consent.(g) A complainant who is dissatisfied with the determination or
investigation by the Department may request a hearing under Section
3-703. The facility shall be given notice of any such
hearing and may participate in the hearing as a party.  If a facility
requests a hearing under Section 3-703 which
concerns a matter covered by a complaint, the complainant shall be given
notice and may participate in the hearing as a party.  A request
for a hearing by either a complainant or a facility shall be
submitted in writing to the Department within 30 days after the mailing
of the Department's findings as described in subsection (e) of this
Section.  Upon receipt of the request the Department shall conduct a hearing
as provided under Section 3-703.(g-5) The Department shall conduct an annual review of all survey activity from the preceding fiscal year and make a report concerning the complaint and survey process. The report shall include, but not be limited to: the total number of complaints received; the breakdown of 24-hour, 7-day, and 30-day complaints; the breakdown of anonymous and non-anonymous complaints; the number of complaints that were substantiated versus unsubstantiated; the total number of substantiated complaints that were completed in the time frame determined under subsection (d); the total number of informal dispute resolutions requested; the total number of informal dispute resolution requests approved; the total number of informal dispute resolutions that were overturned or reduced in severity; the total number of nurse surveyors
hired during the calendar year; the total number of nurse
surveyors who left Department employment; the average length of tenure for nurse surveyors employed by the Department at the time the report is created; the total number of times the Department imposed discretionary denial of payment within 15 days of notice and within 2 days of notice as well as the number of times the discretionary denial of payment took effect; and any other complaint information requested by the Long-Term Care Facility Advisory Board created under Section 2-204 of this Act or the Illinois Long-Term Care Council created under Section 4.04a of the Illinois Act on the Aging.  This report shall be provided to the Long-Term Care Facility Advisory Board, the Illinois Long-Term Care Council, and the General Assembly.  The Long-Term Care Facility Advisory Board and the Illinois Long-Term Care Council shall review the report and suggest any changes deemed necessary to the Department for review and action, including how to investigate and substantiate anonymous complaints.(h) Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under subsection
(a)(8) of Section 26-1 of the Criminal Code of 2012.
(Source: P.A. 102-432, eff. 8-20-21; 102-947, eff. 1-1-23.) (210 ILCS 45/3-703) (from Ch. 111 1/2, par. 4153-703)Sec. 3-703. 
		
		Any person requesting a hearing pursuant to Sections 2-110,
3-115, 3-118, 3-119, 3-301, 3-303, 3-309, 3-410, 3-422 or 3-702 to contest
a decision rendered in a particular case may have such decision reviewed in
accordance with Sections 3-703 through 3-712.
		(Source: P.A. 83-1530.) (210 ILCS 45/3-704) (from Ch. 111 1/2, par. 4153-704)Sec. 3-704. 
		
		A request for a hearing by aggrieved persons shall be
taken to the Department as follows:(a) Upon the receipt of a request in writing for a hearing, the
Director or a person designated in writing by the Director to act as a
hearing officer shall conduct a hearing to review the decision.(b) Before the hearing is held notice of the hearing shall be sent
by the Department to the person making the request for the hearing and
to the person making the decision which is being reviewed.  In the
notice the Department shall specify the date, time and place of the
hearing which shall be held not less than 10 days after the notice is
mailed or delivered. The notice shall designate the decision being
reviewed. The notice may be served by delivering it personally to the
parties or their representatives or by mailing it by certified
mail to the parties' addresses.(c) The Department shall commence the hearing within 30 days of the
receipt of request for hearing. The hearing shall proceed as
expeditiously as practicable, but in all cases shall conclude within 90
days of commencement.
		(Source: P.A. 85-1183.) (210 ILCS 45/3-705) (from Ch. 111 1/2, par. 4153-705)Sec. 3-705. 
		
		The Director or hearing officer may compel by subpoena or subpoena
duces tecum the attendance and testimony of witnesses and the production
of books and papers, and administer oaths to witnesses.
		(Source: P.A. 81-223.) (210 ILCS 45/3-706) (from Ch. 111 1/2, par. 4153-706)Sec. 3-706. 
		
		The Director or hearing officer shall permit any party
to appear in person and to be represented by
counsel at the hearing, at which time the applicant or licensee shall be
afforded an opportunity to present all relevant matter in support of his
position. In the event of the inability of any party or the Department to
procure the attendance of witnesses to
give testimony or produce books and papers, any party or the Department
may take the deposition of witnesses in
accordance with the provisions of the laws of this State. All testimony
taken at a hearing shall be reduced to writing, and all such testimony
and other evidence introduced at the hearing shall be a part of the
record of the hearing.
		(Source: P.A. 81-1349.) (210 ILCS 45/3-707) (from Ch. 111 1/2, par. 4153-707)Sec. 3-707. 
		
		The Director or hearing officer shall make findings of fact
in such hearing, and the Director shall render his decision within 30 days
after the termination of the hearing, unless additional time not to exceed
90 days is required by him for a proper disposition of the matter. When
the hearing has been conducted by a hearing officer, the Director shall
review the record and findings of fact before rendering a decision. All
decisions rendered by the Director shall be binding upon and complied with
by the Department, the facility or the persons involved in the hearing,
as appropriate to each case.
		(Source: P.A. 81-223.) (210 ILCS 45/3-708) (from Ch. 111 1/2, par. 4153-708)Sec. 3-708. 
		
		The Director or hearing officer shall not be bound by common
law or statutory rules of evidence, or by technical or formal rules of procedure,
but shall conduct hearings in the manner best calculated to result in substantial
justice.
		(Source: P.A. 81-223.) (210 ILCS 45/3-709) (from Ch. 111 1/2, par. 4153-709)Sec. 3-709. 
		
		All subpoenas issued by the Director or hearing officer may
be served as provided for in civil actions. The fees of witnesses for attendance
and travel shall be the same as the fees for witnesses before the circuit
court and shall be paid by the party to such proceeding at whose request
the subpoena is issued. If such subpoena is issued at the request of the
Department or by a person proceeding in forma pauperis the witness fee shall
be paid by the Department as an administrative expense.
		(Source: P.A. 81-223.) (210 ILCS 45/3-710) (from Ch. 111 1/2, par. 4153-710)Sec. 3-710. 
		
		In cases of refusal of a witness to attend or testify or to
produce books or papers, concerning any matter upon which he might be
lawfully examined, the circuit court of the county wherein the hearing is
held, upon application of any party to the proceeding, may compel obedience
by a proceeding for contempt as in cases of a like refusal to obey a similar
order of the court.
		(Source: P.A. 81-223.) (210 ILCS 45/3-711) (from Ch. 111 1/2, par. 4153-711)Sec. 3-711. 
		
		The Department, at its expense, shall provide a stenographer
to take the testimony, or otherwise record the testimony,  and preserve
a record of all proceedings under this Section. The notice of hearing, the
complaint and all other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of testimony, and the findings
and decision shall be the record of the proceedings. The Department shall
furnish a transcript of such record to any person interested in such hearing
upon payment therefor of 70 cents per page for each original transcript
and 25 cents per page for each certified copy thereof. However, the charge
for any part of such transcript ordered and paid for previous to the writing
of the original record shall be 25 cents per page.
		(Source: P.A. 81-223.) (210 ILCS 45/3-712) (from Ch. 111 1/2, par. 4153-712)Sec. 3-712. 
		
		The Department shall not be required to certify any record
or file any answer or otherwise appear in any proceeding for judicial review
under Section 3-713 of this Act unless the party filing the complaint deposits
with the clerk of the court the sum of 95 cents per page, representing the
costs of such certification. Failure on the part of the plaintiff to make
such deposit shall be grounds for dismissal of the action; provided, however,
that persons proceeding in forma pauperis with the approval of the circuit
court shall not be required to pay these fees.
		(Source: P.A. 81-223.) (210 ILCS 45/3-713) (from Ch. 111 1/2, par. 4153-713)Sec. 3-713. 
		
		(a)  Final administrative decisions after hearing shall be
subject to judicial review exclusively as provided in the Administrative
Review Law, as now or hereafter amended, except that any petition for judicial
review of Department action under this Act shall be filed within 15 days
after receipt of notice of the final agency determination.  The term "administrative
decision" has the meaning ascribed to it in Section 3-101 of the Code of
Civil Procedure.(b) The court may stay enforcement of the Department's final decision
or toll the continuing accrual of a penalty under Section 3-305 if a showing
is made that there is a substantial probability that the party seeking review
will prevail on the merits and will suffer irreparable harm if a stay is
not granted, and that the facility will meet the requirements of this Act
and the rules promulgated under this Act during such stay. Where
a stay is granted the court may impose such conditions on the granting of
the stay as may be necessary to safeguard the lives, health, rights, safety
and welfare of residents, and to assure compliance by the facility with
the requirements of this Act, including an order for transfer or discharge
of residents under Sections 3-401 through 3-423 or for appointment of a
receiver under Sections 3-501 through 3-517.(c) Actions brought under this Act shall be set for trial
at the earliest possible date and shall take precedence on the court calendar
over all other cases except matters to which equal or superior precedence
is specifically granted by law.
		(Source: P.A. 82-783.) (210 ILCS 45/3-713.5)Sec. 3-713.5. Informal dispute resolution. Pursuant to the requirements of subsection (c) of Section 3-212 of this Act, when a facility submits comments refuting licensure findings, it shall be considered an informal dispute resolution if the same findings were not submitted for an informal dispute resolution pursuant to protocols for federal certification deficiencies established by the federal Centers for Medicare and Medicaid Services. The Department shall review documentation submitted as the basis for an informal dispute resolution. If the Department determines that the submitted evidence or arguments were insufficient to refute the findings, then the Department shall provide a written explanation of the reason or reasons why the evidence or arguments were insufficient to refute the finding. If the Department fails to provide a written explanation of the reason or reasons why the evidence or arguments were insufficient to refute the informal dispute resolution findings within 60 days of receipt, the alleged, disputed licensure violation shall be cited, but no penalty shall be imposed. 
(Source: P.A. 99-555, eff. 1-1-17.) (210 ILCS 45/3-714) (from Ch. 111 1/2, par. 4153-714)Sec. 3-714. 
		
		The remedies provided by this Act are cumulative and shall
not be construed as restricting any party from seeking any remedy, provisional
or otherwise, provided by law for the benefit of the party, from obtaining
additional relief based upon the same facts.
		(Source: P.A. 81-223.) (210 ILCS 45/Art. III Pt. 8 heading) PART 8.  
		MISCELLANEOUS PROVISIONS (210 ILCS 45/3-801) (from Ch. 111 1/2, par. 4153-801)Sec. 3-801. 
		
		The Department shall have the power to adopt rules and regulations
to carry out the purpose of this Act.
		(Source: P.A. 81-223.) (210 ILCS 45/3-801.1) (from Ch. 111 1/2, par. 4153-801.1)Sec. 3-801.1. 
		
		Notwithstanding the other provisions of this Act to the
contrary, the agency designated by the Governor under Section 1 of "An Act in
relation to the protection and advocacy of the rights of persons with
developmental disabilities, and amending Acts therein named", enacted by the
84th General Assembly, shall have access to the records of a person with
developmental disabilities who resides in a facility, subject to the
limitations of this Act. The agency shall also have access for the purpose of
inspection and copying, to the records of a person with developmental
disabilities who resides in any such facility if (1) a complaint is received by
such agency from or on behalf of the person with a developmental disability,
and (2) such person does not have a guardian or the State or the designee of
the State is the guardian of such person. The designated agency shall provide
written notice to the person with developmental disabilities and the State
guardian of the nature of the complaint based upon which the designated agency
has gained access to the records. No record or the contents of any record shall
be redisclosed by the designated agency unless the person with developmental
disabilities and the State guardian are provided 7 days advance written notice,
except in emergency situations, of the designated agency's intent to redisclose
such record, during which time the person with developmental disabilities or
the State guardian may seek to judicially enjoin the designated agency's
redisclosure of such record on the grounds that such redisclosure is contrary
to the interests of the person with developmental disabilities. If a person
with developmental disabilities resides in such a facility and has a guardian
other than the State or the designee of the State, the facility director shall
disclose the guardian's name, address, and telephone number to the designated
agency at the agency's request.Upon request, the designated agency shall be entitled to inspect and copy
any records or other materials which may further the agency's investigation
of problems affecting numbers of persons with developmental disabilities. When
required by law any personally identifiable information of persons with a
developmental disability shall be removed from the records. However, the
designated agency may not inspect or copy any records or other materials when
the removal of personally identifiable information imposes an unreasonable
burden on the facility.For the purposes of this Section, "developmental disability" means a
severe, chronic disability of a person which -(A) is attributable to a mental or physical impairment or combination of
mental and physical impairments;(B) is manifested before the person attains age 22;(C) is likely to continue indefinitely;(D) results in substantial functional limitations in 3 or more of the
following areas of major life activity: (i) self-care, (ii) receptive and
expressive language, (iii) learning, (iv) mobility, (v) self-direction,
(vi) capacity for independent living, and (vii) economic self-sufficiency; and(E) reflects the person's need for combination and sequence of special,
interdisciplinary or generic care, treatment or other services which are of
lifelong or extended duration and are individually planned and coordinated.
		(Source: P.A. 88-380.) (210 ILCS 45/3-801.2)Sec. 3-801.2. Closed captioning required. A facility licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a resident's room, or enable the closed captioning feature when requested to do so by a member of the general public or a resident, if the television includes a closed captioning feature.It is not a violation of this Section if the closed captioning feature is deactivated by a member of the facility's staff after such feature is enabled in a common area or in a resident's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a resident, or a member of the facility's staff at the request of a resident of a facility licensed under this Act.If a facility licensed under this Act does not have a television in a common area that includes a closed captioning feature, then the facility licensed under this Act must ensure that all televisions obtained for common areas after the effective date of this amendatory Act of the 101st General Assembly include a closed captioning feature. This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law. Nothing in this Section shall apply to televisions that are privately owned by a resident or third party and not owned by the facility.As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.
(Source: P.A. 101-116, eff. 1-1-20.) (210 ILCS 45/3-802) (from Ch. 111 1/2, par. 4153-802)Sec. 3-802. 
		
		The provisions of "The Illinois Administrative Procedure Act",
approved September 22, 1975, as now or hereafter amended, are hereby expressly
adopted and shall apply to all administrative rules and procedures of the
Department under this Act.
		(Source: P.A. 81-223.) (210 ILCS 45/3-803) (from Ch. 111 1/2, par. 4153-803)Sec. 3-803. 
		
		Nothing in this Act or the rules and regulations adopted pursuant
thereto shall be construed as authorizing the medical supervision,
regulation, or control of the remedial care or treatment of residents in
any facility conducted for those who rely upon treatment by prayer or spiritual
means in accordance with the creed or tenets of any well recognized church
or religious denomination. 
		(Source: P.A. 86-130.) (210 ILCS 45/3-804) (from Ch. 111 1/2, par. 4153-804)Sec. 3-804. 
The Department shall report to the General Assembly by July
 1 of each year upon the performance of its inspection, survey and
evaluation duties under this Act, including the number and needs of the
Department personnel engaged in such activities. The report shall also
describe the Department's actions in enforcement of this Act, including
the number and needs of personnel so engaged.
The report shall also include the number of valid and invalid complaints filed with
the Department within the last calendar year.
(Source: P.A. 97-135, eff. 7-14-11.) (210 ILCS 45/3-805) (from Ch. 111 1/2, par. 4153-805)Sec. 3-805. (a) The Department shall conduct a pilot project to
examine, study and contrast the Joint Commission on the Accreditation of
Health Care Organizations ("Commission") accreditation review process with
the current regulations and licensure surveys process conducted by the
Department for long-term care facilities.  This pilot project will enable
qualified facilities to apply for participation in the project, in which
surveys completed by the Commission are accepted by the Department in lieu of
inspections required by this Act, as provided in subsection (b) of this
Section.  It is intended that this pilot project shall commence on January 1,
1990, and shall conclude on December 31, 2000, with a final report
to be
submitted to the Governor and the General Assembly by June 30, 2001.(b) (1) In lieu of conducting an inspection for license renewal under
this Act, the Department may accept from a facility that is accredited
by the Commission under the Commission's long-term care standards the
facility's most recent annual accreditation review by the Commission.  In
addition to such review, the facility shall submit any fee or other license
renewal report or information required by law.  The Department may accept
such review for so long as the Commission maintains an annual inspection or
review program.  If the Commission does not conduct an on-site annual
inspection or review, the Department shall conduct an inspection as
otherwise required by this Act.  If the Department determines that an
annual on-site inspection or review conducted by the Commission does not
meet minimum standards set by the Department, the Department shall not
accept the Commission's accreditation review and shall conduct an
inspection as otherwise required by this Act.The Department shall establish procedures applicable to the pilot project
conducted pursuant to this Section.  The procedures shall provide for a
review of the Commission's survey findings that may be Type "A" or Type
"B" violations under this Act requiring immediate correction, the taking of
necessary and appropriate action to determine whether such violations
exist, and steps to effect corrective action in cooperation with the
Commission, or otherwise under this Act, as may be necessary.  The
Department shall also establish procedures to require the Commission to
immediately report to the Department any survey finding that constitutes a
condition or occurrence relating to the operation and maintenance of a
facility which presents a substantial probability that death or serious
mental or physical harm to a resident will result therefrom, so as to
enable the Department to take necessary and appropriate action under this Act.(2) This subsection (b) does not limit the Department in performing any
inspections or other duties authorized by this Act, or under any contract
relating to the medical assistance program administered by the 
Department of Healthcare and Family Services, or under Title XVIII or Title XIX of the Social
Security Act.(3) No facility shall be required to obtain accreditation from the
Commission.(c) Participation in the pilot project shall be limited to facilities
selected at random by the Director, provided that:(1) facilities shall apply to the Director for     selection to participate;(2) facilities which are currently accredited by the     Commission may apply to participate;(3) any facility not accredited by the Commission at     the time of application to participate in the pilot project shall apply for such accreditation;(4) the number of facilities so selected shall be no     greater than 15% of the total number of long-term care facilities licensed under this Act;(5) the number of facilities so selected shall be     divided equally between facilities having fewer than 100 beds and facilities having 100 or more beds;(6) facilities so selected shall have been licensed     for more than 2 years and shall not have been issued a conditional license within 2 years before applying for participation in the pilot project; and(7) no facilities so selected shall have been issued     a notice of a Type "A" violation within one year before applying for participation in the pilot project.(d) Inspections and surveys conducted by the Commission under
the pilot project for initial or continued accreditation shall not be
announced in advance to the facility being inspected or surveyed, and shall
provide for participation in the inspection or survey process by residents
of the facility and the public.(e) With respect to any facility accredited by the Commission, the
Commission shall submit to the Department copies of:(1) the accreditation award letter;(2) the accreditation report, including     recommendations and comments by the Commission; and(3) any correspondence directly related to the     accreditation.(f) No facility which is denied initial or continued accreditation by
the Commission shall participate in the pilot project.(g) The Director shall meet at least once every 6 months with the
director of the Commission's long-term care facility accreditation program
to review, coordinate and modify as necessary the services performed by the
Commission under the pilot project.  On or before June 30, 1993, the
Director shall submit to the Governor and to the General Assembly a report
evaluating the pilot project and making any recommendations deemed necessary.(h) This Section does not limit the Department in performing any
inspections or other duties authorized by this Act, or under any contract
relating to the medical assistance program administered by the 
Department of Healthcare and Family Services, or under Title XVIII or Title XIX of the Social
Security Act.
					(Source: P.A. 95-331, eff. 8-21-07.) (210 ILCS 45/3-807)Sec. 3-807. Review of shelter care licensure standards. On or before
March 1, 1994, the Department shall submit to the Governor and the General
Assembly a report concerning the necessity of revising the current statutory
and regulatory standards of licensure under the category of shelter care.  The
Department shall conduct a review of those standards for that category, taking
into consideration the Department on Aging's report on board and care homes
prepared pursuant to Section 4.02a of the Illinois Act on the Aging.  The
Department's report shall include recommendations for statutory or regulatory
changes necessary to address the regulation of facilities providing room,
board, and personal care to older persons and persons with disabilities.
(Source: P.A. 99-143, eff. 7-27-15.) (210 ILCS 45/3-808)Sec. 3-808. Protocol for sexual assault victims; nursing home. The Department shall develop a protocol for the care and treatment of residents who have been sexually assaulted in a long term care facility or elsewhere.
(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/3-808.5)Sec. 3-808.5. Nursing home fraud, abuse, and neglect prevention and reporting.(a) Every licensed long term care facility that receives Medicaid funding shall prominently display in its lobby, in its dining areas, and on each floor of the facility information approved by the Illinois Medicaid Fraud Control Unit on how to report fraud, abuse, and neglect.  In addition, information regarding the reporting of fraud, abuse, and neglect shall be provided to each resident at the time of admission and to the resident's family members or emergency contacts, or to both the resident's family members and his or her emergency contacts.(b) Any owner or licensee of a long term care facility licensed under this Act shall be responsible for the collection and maintenance of any and all records required to be maintained under this Section and any other applicable provisions of this Act, and as a provider under the Illinois Public Aid Code, and shall be responsible for compliance with all of the disclosure requirements under this Section. All books and records and other papers and documents that are required to be kept, and all records showing compliance with all of the disclosure requirements to be made pursuant to this Section, shall be kept at the facility and shall, at all times during business hours, be subject to inspection by any law enforcement or health oversight agency or its duly authorized agents or employees.(c) Any report of abuse and neglect of residents made by any individual in whatever manner, including, but not limited to, reports made under Sections 2-107 and 3-610 of this Act, or as provided under the Abused and Neglected Long Term Care Facility Residents Reporting Act, that is made to an administrator, a director of nursing, or any other person with management responsibility at a long term care facility must be disclosed to the owners and licensee of the facility within 24 hours of the report. The owners and licensee of a long term care facility shall maintain all records necessary to show compliance with this disclosure requirement.(d) Any person with an ownership interest in a long term care facility licensed by the Department must, within 30 days of the effective date of this amendatory Act of the 96th General Assembly, disclose the existence of any ownership interest in any vendor who does business with the facility. The disclosures required by this subsection shall be made in the form and manner prescribed by the Department.  Licensed long term care facilities who receive Medicaid funding shall submit a copy of the disclosures required by this subsection to the Illinois Medicaid Fraud Control Unit.  The owners and licensee of a long term care facility shall maintain all records necessary to show compliance with this disclosure requirement.(e) Notwithstanding the provisions of Section 3-318 of this Act, and in addition thereto, any person, owner, or licensee who willfully fails to keep and maintain, or willfully fails to produce for inspection, books and records, or willfully fails to make the disclosures  required by this Section,  is guilty of a Class A misdemeanor.  A second or subsequent violation of this Section shall be punishable as a Class 4 felony.(f) Any owner or licensee who willfully files or willfully causes to be filed a document with false information with the  Department, the Department of Healthcare and Family Services, or the Illinois Medicaid Fraud Control Unit or any other law enforcement agency, is guilty of a Class A misdemeanor. 
(Source: P.A. 96-1373, eff. 7-29-10.) (210 ILCS 45/3-809)Sec. 3-809. Rules to implement changes. In developing rules and regulations to implement changes made by this amendatory Act of the 96th General Assembly, the Department shall seek the input of advocates for long term care facility residents, representatives of associations representing long term care facilities, and  representatives of associations representing employees of long term care facilities.
(Source: P.A. 96-1372, eff. 7-29-10.) (210 ILCS 45/3-810)Sec. 3-810. Whistleblower protection.(a) In this Section, "retaliatory action" means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms and conditions of employment of any employee of a facility that is taken in retaliation for the employee's involvement in a protected activity as set forth in paragraphs (1) through (3) of subsection (b).(b) A facility shall not take any retaliatory action against an employee of the facility, including a nursing home administrator, because the employee does any of the following:(1) Discloses or threatens to disclose to a     supervisor or to a public body an activity, inaction, policy, or practice implemented by a facility that the employee reasonably believes is in violation of a law, rule, or regulation.(2) Provides information to or testifies before any     public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by a nursing home administrator.(3) Assists or participates in a proceeding to     enforce the provisions of this Act.(c) A  violation of this Section may be established only upon a finding that (i) the employee of the  facility engaged in conduct described in subsection (b) of this Section and (ii) this conduct was a contributing factor in the retaliatory action alleged by the employee. There is no violation of this Section, however, if the facility demonstrates by clear and convincing evidence that it would have taken the same unfavorable personnel action in the absence of that conduct.(d) The employee of the facility may be awarded all remedies necessary to make the employee whole and to prevent future violations of this Section. Remedies imposed by the court may include, but are not limited to, all of the following:(1) Reinstatement of the employee to either the same     position held before the retaliatory action or to an equivalent position.(2) Two times the amount of back pay.(3) Interest on the back pay.(4) Reinstatement of full fringe benefits and     seniority rights.(5) Payment of reasonable costs and attorney's fees.(e) Nothing in this Section shall be deemed to diminish the rights, privileges, or remedies of an employee of a facility under any other federal or State law, rule, or regulation or under any employment contract. 
(Source: P.A. 96-1372, eff. 7-29-10.)
(210 ILCS 45/Art. IIIA heading) ARTICLE IIIA.  
		PAYMENT (210 ILCS 45/3A-101)Sec. 3A-101. Cooperative arrangements. Not later than June 30, 1996,
the Department shall enter
into
one or more cooperative arrangements with the Illinois Department of Public
Aid,
the Department on Aging, the Office of the State Fire Marshal, and any other
appropriate entity for the purpose of developing a single survey for nursing
facilities, including but not limited to facilities funded under Title XVIII
or Title XIX of the federal Social Security Act, or both, which shall be
administered and conducted solely by the Department.
The Departments shall test the single survey process on a pilot basis, with
both the Departments of Public Aid and Public Health represented on the
consolidated survey team.  The pilot will sunset June 30, 1997.  After June 30,
1997, unless otherwise determined by the Governor, a single survey shall be
implemented by the Department of Public Health which would not preclude staff
from the Department of Healthcare and Family Services (formerly Department of Public Aid) from going on-site to nursing facilities to
perform necessary audits and reviews which shall not replicate the single State
agency survey required by this Act.
This Article shall not
apply to community or intermediate care facilities for persons with developmental disabilities.
(Source: P.A. 99-143, eff. 7-27-15.)
(210 ILCS 46/Art. I heading) 
ARTICLE I.  SHORT TITLE, PRIOR LAW, AND DEFINITIONS

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-101)Sec. 1-101. Short title. This Act may be cited as the MC/DD Act.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-101.05)Sec. 1-101.05. Prior law.(a) This Act provides for the licensure of medically complex for the developmentally disabled facilities. On and after the effective date of this Act, long-term care for under age 22 facilities shall be known and licensed as medically complex for the developmentally disabled facilities under this Act instead of the ID/DD Community Care Act. On the effective date of this Act, any long-term care for under age 22 facility that holds a valid license on the effective date of this Act shall be granted a license as a medically complex for the developmentally disabled facility and shall not be licensed as a long-term care for under age 22 facility under the ID/DD Community Care Act.(b) If any other Act of the General Assembly changes, adds, or repeals a provision of the ID/DD Community Care Act that is the same as or substantially similar to a provision of this Act, then that change, addition, or repeal in the ID/DD Community Care Act shall be construed together with this Act until July 1, 2015 and not thereafter.(c) Nothing in this Act affects the validity or effect of any finding, decision, or action made or taken by the Department or the Director under the ID/DD Community Care Act before the effective date of this Act with respect to a facility subject to licensure under this Act. That finding, decision, or action shall continue to apply to the facility on and after the effective date of this Act. Any finding, decision, or action with respect to the facility made or taken on or after the effective date of this Act shall be made or taken as provided in this Act. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-102)Sec. 1-102. Definitions. For the purposes of this Act, unless the context otherwise requires, the terms defined in this Article have the meanings ascribed to them herein. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-103)Sec. 1-103. Abuse.  "Abuse" means any physical or mental injury or sexual assault inflicted on a resident other than by accidental means in a facility.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-104)Sec. 1-104. Access. "Access" means the right to:(1) Enter any facility;(2) Communicate privately and without restriction     with any resident who consents to the communication;(3) Seek consent to communicate privately and without     restriction with any resident;(4) Inspect the clinical and other records of a     resident with the express written consent of the resident; or(5) Observe all areas of the facility except the     living area of any resident who protests the observation. 
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-105)Sec. 1-105. Administrator. "Administrator" means a person who is charged with the general administration and supervision of a facility and licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act, as now or hereafter amended. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-106)Sec. 1-106. Affiliate. "Affiliate" means:(1) With respect to a partnership, each partner     thereof.(2) With respect to a corporation, each officer,     director and stockholder thereof.(3) With respect to a natural person: any person     related in the first degree of kinship to that person; each partnership and each partner thereof of which that person or any affiliate of that person is a partner; and each corporation in which that person or any affiliate of that person is an officer, director or stockholder. 
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-107)Sec. 1-107. Applicant. "Applicant" means any person making application for a license. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-108.1)Sec. 1-108.1. Complaint classification. "Complaint classification" means the Department shall categorize reports about conditions, care or services in a facility into one of three groups after an investigation:(1) "An invalid report" means any report made under     this Act for which it is determined after an investigation that no credible evidence of abuse, neglect or other deficiency relating to the complaint exists;(2) "A valid report" means a report made under this     Act if an investigation determines that some credible evidence of the alleged abuse, neglect or other deficiency relating to the complaint exists; and(3) "An undetermined report" means a report made     under this Act in which it was not possible to initiate or complete an investigation on the basis of information provided to the Department. 
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-109)Sec. 1-109. Department. "Department" means the Department of Public Health. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-110)Sec. 1-110. Director. "Director" means the Director of Public Health or his or her designee. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-111)Sec. 1-111.   Discharge. "Discharge" means the full release of any resident from a facility.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-111.05)Sec. 1-111.05. Distressed facility.  "Distressed facility" means a facility determined by the Department to be a distressed facility pursuant to Section 3-304.2 of this Act.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-112)Sec. 1-112.  Emergency. "Emergency" means a situation, physical condition or one or more practices, methods or operations which present imminent danger of death or serious physical or mental harm to residents of a facility.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-113)Sec. 1-113. Facility.  "MC/DD facility" or "facility" means a medically complex for the developmentally disabled facility, whether operated for profit or not, which provides, through its ownership or management, personal care or nursing for 3 or more persons not related to the applicant or owner by blood or marriage."Facility" does not include the following:(1) A home, institution, or other place operated by     the federal government or agency thereof, or by the State of Illinois, other than homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans' Affairs;(2) A hospital, sanitarium, or other institution         whose principal activity or business is the diagnosis, care, and treatment of human illness through the maintenance and operation as organized facilities therefore, which is required to be licensed under the Hospital Licensing Act;(3) Any "facility for child care" as defined in the         Child Care Act of 1969;(4) Any "community living facility" as defined in the         Community Living Facilities Licensing Act;(5) Any "community residential alternative" as         defined in the Community Residential Alternatives Licensing Act;(6) Any nursing home or sanatorium operated solely by         and for persons who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any well recognized church or religious denomination. However, such nursing home or sanatorium shall comply with all local laws and rules relating to sanitation and safety;(7) Any facility licensed by the Department of Human         Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act;(8) Any facility licensed under the Nursing Home Care     Act;(9) Any ID/DD facility under the ID/DD Community Care     Act;(10) Any "supportive residence" licensed under the         Supportive Residences Licensing Act;(11) Any "supportive living facility" in good     standing     with the program established under Section 5-5.01a of the Illinois Public Aid Code, except only for purposes of the     employment of persons in accordance with Section 3-206.01;(12) Any assisted living or shared housing         establishment licensed under the Assisted Living and Shared Housing Act, except only for purposes of the     employment of persons in accordance with Section 3-206.01;(13) An Alzheimer's disease management center         alternative health care model licensed under the Alternative Health Care Delivery Act; or(14) A home, institution, or other place operated by     or  under the authority of the Illinois Department of Veterans' Affairs.   
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-114)Sec. 1-114.  Guardian. "Guardian" means a person appointed as a guardian of the person or guardian of the estate, or both, of a resident under the "Probate Act of 1975", as now or hereafter amended.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-114.001)Sec. 1-114.001. Habilitation.  "Habilitation" means an effort directed toward increasing a person's level of physical, mental, social, or economic functioning.  Habilitation may include, but is not limited to, diagnosis, evaluation, medical services, residential care, day care, special living arrangements, training, education, employment services, protective services, and counseling.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-114.01)Sec. 1-114.01. Identified offender. "Identified offender" means a person who meets any of the following criteria:(1) Has been convicted of, found guilty of,     adjudicated delinquent for, found not guilty by reason of insanity for, or found unfit to stand trial for any felony offense listed in Section 25 of the Health Care Worker Background Check Act, except for the following:(i) a felony offense described in Section 10-5 of         the Nurse Practice Act;(ii) a felony offense described in Section 4, 5,         6, 8, or 17.02 of the Illinois Credit Card and Debit Card Act;(iii) a felony offense described in Section 5,         5.1, 5.2, 7, or 9 of the Cannabis Control Act;(iv) a felony offense described in Section 401,         401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois Controlled Substances Act; and(v) a felony offense described in the         Methamphetamine Control and Community Protection Act.(2) Has been convicted of, adjudicated delinquent     for, found not guilty by reason of insanity for, or found unfit to stand trial for, any sex offense as defined in subsection (c) of Section 10 of the Sex Offender Management Board Act.(3) Is any other resident as determined by the     Illinois State Police. 
(Source: P.A. 102-538, eff. 8-20-21.) (210 ILCS 46/1-114.1)Sec. 1-114.1. Immediate family. "Immediate family" means the spouse, an adult child, a parent, an adult brother or sister, or an adult grandchild of a person. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-114.005)Sec. 1-114.005. High-risk designation. "High-risk designation" means a designation of a provision of the Illinois
Administrative Code that has been identified by the Department through rulemaking to be inherently necessary to protect the health, safety, and welfare of a resident.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-115)Sec. 1-115. Licensee. "Licensee" means the individual or entity licensed by the Department to operate the facility. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-116)Sec. 1-116. Maintenance. "Maintenance" means food, shelter and laundry services.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-116.5)Sec. 1-116.5. Misappropriation of a resident's property. "Misappropriation of a resident's property" means the deliberate misplacement, exploitation, or wrongful temporary or permanent use of a resident's belongings or money without the resident's consent. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-117)Sec. 1-117. Neglect. "Neglect" means a failure in a facility to provide adequate medical or personal care or maintenance, which failure results in physical or mental injury to a resident or in the deterioration of a resident's physical or mental condition.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-118)Sec. 1-118. Nurse. "Nurse" means a registered nurse or a licensed practical nurse as defined in the Nurse Practice Act.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-119)Sec. 1-119. Owner. "Owner" means the individual, partnership, corporation, association or other person who owns a facility. In the event a facility is operated by a person who leases the physical plant, which is owned by another person, "owner" means the person who operates the facility, except that if the person who owns the physical plant is an affiliate of the person who operates the facility and has significant control over the day to day operations of the facility, the person who owns the physical plant shall incur jointly and severally with the owner all liabilities imposed on an owner under this Act.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-120)Sec. 1-120. Personal care. "Personal care" means assistance with meals, dressing, movement, bathing or other personal needs or maintenance, or general supervision and oversight of the physical and mental well being of an individual, who is incapable of maintaining a private, independent residence or who is incapable of managing his or her person whether or not a guardian has been appointed for such individual. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-120.3)Sec. 1-120.3. Provisional admission period.  "Provisional admission period" means the time between the admission of an identified offender as defined in Section 1-114.01 of this Act and 3 days following the admitting facility's receipt of an Identified Offender Report and Recommendation in accordance with Section 2-201.6 of this Act.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-121)Sec. 1-121. Reasonable hour. "Reasonable hour" means any time between the hours of 10 a.m. and 8 p.m. daily. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-122)Sec. 1-122. Resident. "Resident" means a person receiving personal or medical care, including, but not limited to, habilitation, psychiatric services, therapeutic services, and assistance with activities of daily living from a facility.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-123)Sec. 1-123. Resident's representative. "Resident's representative" means a person other than the owner, or an agent or employee of a facility not related to the resident, designated in writing by a resident to be his or her representative, or the resident's guardian, or the parent of a minor resident for whom no guardian has been appointed. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-125)Sec. 1-125. Stockholder. "Stockholder" of a corporation means any person who, directly or indirectly, beneficially owns, holds or has the power to vote, at least 5% of any class of securities issued by the corporation.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-125.1)Sec. 1-125.1. Student intern. "Student intern" means any person whose total term of employment in any facility during any 12-month period is equal to or less than 90 continuous days, and whose term of employment is either:(1) an academic credit requirement in a high school     or undergraduate institution, or(2) immediately succeeds a full quarter, semester or     trimester of academic enrollment in either a high school or undergraduate institution, provided that such person is registered for another full quarter, semester or trimester of academic enrollment in either a high school or undergraduate institution which quarter, semester or trimester will commence immediately following the term of employment. 
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-126)Sec. 1-126. Title XVIII. "Title XVIII" means Title XVIII of the federal Social Security Act as now or hereafter amended. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-127)Sec. 1-127. Title XIX. "Title XIX" means Title XIX of the federal Social Security Act as now or hereafter amended. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-128)Sec. 1-128. Transfer. "Transfer" means a change in status of a resident's living arrangements from one facility to another facility. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-128.5)Sec. 1-128.5. Type "AA" violation.  A "Type 'AA' violation" means a violation of this Act or of the rules promulgated thereunder that creates a condition or occurrence relating to the operation and maintenance of a facility that proximately caused a resident's death.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-129)Sec. 1-129. Type "A" violation. A "Type 'A' violation" means a violation of this Act or of the rules promulgated thereunder which creates a condition or occurrence relating to the operation and maintenance of a facility that (i) creates a substantial probability that the risk of death or serious mental or physical harm to a resident will result therefrom or (ii) has resulted in actual physical or mental harm to a resident. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-130)Sec. 1-130. Type "B" violation. A "Type 'B' violation" means a violation of this Act or of the rules promulgated thereunder which (i) creates a condition or occurrence relating to the operation and maintenance of a facility that is more likely than not to cause more than minimal physical or mental harm to a resident or (ii) is specifically designated as a Type "B" violation in this Act. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/1-132)Sec. 1-132. Type "C" violation.  A "Type 'C' violation" means a violation of this Act or of the rules promulgated thereunder that creates a condition or occurrence relating to the operation and maintenance of a facility that creates a substantial probability that less than minimal physical or mental harm to a resident will result therefrom.

(Source: P.A. 99-180, eff. 7-29-15.)
(210 ILCS 46/Art. II heading) 
ARTICLE II.  RIGHTS AND RESPONSIBILITIES

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/Art. II Pt. 1 heading) 
	 
  
PART 1.  RESIDENT RIGHTS

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-101)Sec. 2-101. Constitutional and legal rights. No resident shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of his or her status as a resident of a facility. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-101.1)Sec. 2-101.1. Spousal impoverishment.  All new residents and their spouses shall be informed on admittance of their spousal impoverishment rights as defined at Section 5-4 of the Illinois Public Aid Code, as now or hereafter amended and at Section 303 of Title III of the Medicare Catastrophic Coverage Act of 1988 (P.L. 100-360).

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-102)Sec. 2-102. Financial affairs. A resident shall be permitted to manage his or her own financial affairs unless he or she or his or her guardian or if the resident is a minor, his or her parent, authorizes the administrator of the facility in writing to manage such resident's financial affairs under Section 2-201 of this Act. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-103)Sec. 2-103. Personal property. A resident shall be permitted to retain and use or wear his or her personal property in his or her immediate living quarters, unless deemed medically inappropriate by a physician and so documented in the resident's clinical record. If clothing is provided to the resident by the facility, it shall be of a proper fit.The facility shall provide adequate storage space for the personal property of the resident. The facility shall provide a means of safeguarding small items of value for its residents in their rooms or in any other part of the facility so long as the residents have daily access to such valuables. The facility shall make reasonable efforts to prevent loss and theft of residents' property. Those efforts shall be appropriate to the particular facility and may include, but are not limited to, staff training and monitoring, labeling property, and frequent property inventories. The facility shall develop procedures for investigating complaints concerning theft of residents' property and shall promptly investigate all such complaints.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-104)Sec. 2-104. Medical treatment; records.(a) A resident shall be permitted to retain the services of his or her own personal physician at his or her  own expense or under an individual or group plan of health insurance, or under any public or private assistance program providing such coverage. However, the facility is not liable for the negligence of any such personal physician. Every resident shall be permitted to obtain from his or her own physician or the physician attached to the facility complete and current information concerning his or her medical diagnosis, treatment and prognosis in terms and language the resident can reasonably be expected to understand. Every resident shall be permitted to participate in the planning of his or her total care and medical treatment to the extent that his or her condition permits. No resident shall be subjected to experimental research or treatment without first obtaining his or her informed, written consent. The conduct of any experimental research or treatment shall be authorized and monitored by an institutional review board appointed by the Director. The membership, operating procedures and review criteria for the institutional review board shall be prescribed under rules and regulations of the Department and shall comply with the requirements for institutional review boards established by the federal Food and Drug Administration. No person who has received compensation in the prior 3 years from an entity that manufactures, distributes, or sells pharmaceuticals, biologics, or medical devices may serve on the institutional review board.The institutional review board may approve only research or treatment that meets the standards of the federal Food and Drug Administration with respect to (i) the protection of human subjects and (ii) financial disclosure by clinical investigators. The Office of State Long Term Care Ombudsman and the State Protection and Advocacy organization shall be given an opportunity to comment on any request for approval before the board makes a decision. Those entities shall not be provided information that would allow a potential human subject to be individually identified, unless the board asks the Ombudsman for help in securing information from or about the resident. The board shall require frequent reporting of the progress of the approved research or treatment and its impact on residents, including immediate reporting of any adverse impact to the resident, the resident's representative, the Office of the State Long Term Care Ombudsman, and the State Protection and Advocacy organization. The board may not approve any retrospective study of the records of any resident about the safety or efficacy of any care or treatment if the resident was under the care of the proposed researcher or a business associate when the care or treatment was given, unless the study is under the control of a researcher without any business relationship to any person or entity who could benefit from the findings of the study.No facility shall permit experimental research or treatment to be conducted on a resident or give access to any person or person's records for a retrospective study about the safety or efficacy of any care or treatment without the prior written approval of the institutional review board. No administrator, or person licensed by the State to provide medical care or treatment to any person may assist or participate in any experimental research on or treatment of a resident, including a retrospective study, that does not have the prior written approval of the board. Such conduct shall be grounds for professional discipline by the Department of Financial and Professional Regulation.The institutional review board may exempt from ongoing review research or treatment initiated on a resident before the individual's admission to a facility and for which the board determines there is adequate ongoing oversight by another institutional review board. Nothing in this Section shall prevent a facility, any facility employee, or any other person from assisting or participating in any experimental research on or treatment of a resident if the research or treatment began before the person's admission to a facility, until the board has reviewed the research or treatment and decided to grant or deny approval or to exempt the research or treatment from ongoing review.(b) All medical treatment and procedures shall be administered as ordered by a physician. All new physician orders shall be reviewed by the facility's director of nursing or charge nurse designee within 24 hours after such orders have been issued to assure facility compliance with such orders.According to rules adopted by the Department, every woman resident of child bearing age shall receive routine obstetrical and gynecological evaluations as well as necessary prenatal care.(c) Every resident shall be permitted to refuse medical treatment and to know the consequences of such action, unless such refusal would be harmful to the health and safety of others and such harm is documented by a physician in the resident's clinical record. The resident's refusal shall free the facility from the obligation to provide the treatment.(d) Every resident, resident's guardian, or parent if the resident is a minor shall be permitted to inspect and copy all his or her clinical and other records concerning his or her care and maintenance kept by the facility or by his or her physician. The facility may charge a reasonable fee for duplication of a record.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-104.1)Sec. 2-104.1. Transfer of facility ownership after license suspension or revocation. Whenever ownership of a private facility is transferred to another private owner following a final order for a suspension or revocation of the facility's license, the new owner, if the Department so determines, shall thoroughly evaluate the condition and needs of each resident as if each resident were being newly admitted to the facility. The evaluation shall include a review of the medical record and the conduct of a physical examination of each resident which shall be performed within 30 days after the transfer of ownership. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-104.2)Sec. 2-104.2. Do Not Resuscitate Orders.  Every facility licensed under this Act shall establish a policy for the implementation of physician orders limiting resuscitation such as those commonly referred to as "Do Not Resuscitate" orders. This policy may only prescribe the format, method of documentation and duration of any physician orders limiting resuscitation. Any orders under this policy shall be honored by the facility. The Department of Public Health Uniform POLST form or a copy of that form or a previous version of the uniform form shall be honored by the facility. 

(Source: P.A. 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.) (210 ILCS 46/2-105)Sec. 2-105. Privacy. A resident shall be permitted respect and privacy in his or her medical and personal care program. Every resident's case discussion, consultation, examination and treatment shall be confidential and shall be conducted discreetly, and those persons not directly involved in the resident's care must have the resident's permission to be present. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-106)Sec. 2-106. Restraints and confinements.(a) For purposes of this Act:(i) A physical restraint is any manual method or     physical or mechanical device, material, or equipment attached or adjacent to a resident's body that the resident cannot remove easily and restricts freedom of movement or normal access to one's body. Devices used for positioning, including but not limited to bed rails, gait belts, and cushions, shall not be considered to be restraints for purposes of this Section.(ii) A chemical restraint is any drug used for     discipline or convenience and not required to treat medical symptoms. The Department shall by rule, designate certain devices as restraints, including at least all those devices which have been determined to be restraints by the United States Department of Health and Human Services in interpretive guidelines issued for the purposes of administering Titles XVIII and XIX of the Social Security Act.(b) Neither restraints nor confinements shall be employed for the purpose of punishment or for the convenience of any facility personnel. No restraints or confinements shall be employed except as ordered by a physician who documents the need for such restraints or confinements in the resident's clinical record. Each facility licensed under this Act must have a written policy to address the use of restraints and seclusion. The Department shall establish by rule the provisions that the policy must include, which, to the extent practicable, should be consistent with the requirements for participation in the federal Medicare program. Each policy shall include periodic review of the use of restraints.(c) A restraint may be used only with the informed consent of the resident, the resident's guardian, or other authorized representative. A restraint may be used only for specific periods, if it is the least restrictive means necessary to attain and maintain the resident's highest practicable physical, mental or psychosocial well being, including brief periods of time to provide necessary life saving treatment. A restraint may be used only after consultation with appropriate health professionals, such as occupational or physical therapists, and a trial of less restrictive measures has led to the determination that the use of less restrictive measures would not attain or maintain the resident's highest practicable physical, mental or psychosocial well being. However, if the resident needs emergency care, restraints may be used for brief periods to permit medical treatment to proceed unless the facility has notice that the resident has previously made a valid refusal of the treatment in question.(d) A restraint may be applied only by a person trained in the application of the particular type of restraint.(e) Whenever a period of use of a restraint is initiated, the resident shall be advised of his or her right to have a person or organization of his or her choosing, including the Guardianship and Advocacy Commission, notified of the use of the restraint. A recipient who is under guardianship may request that a person or organization of his or her choosing be notified of the restraint, whether or not the guardian approves the notice. If the resident so chooses, the facility shall make the notification within 24 hours, including any information about the period of time that the restraint is to be used. Whenever the Guardianship and Advocacy Commission is notified that a resident has been restrained, it shall contact the resident to determine the circumstances of the restraint and whether further action is warranted.(f) Whenever a restraint is used on a resident whose primary mode of communication is sign language, the resident shall be permitted to have his or her hands free from restraint for brief periods each hour, except when this freedom may result in physical harm to the resident or others.(g) The requirements of this Section are intended to control in any conflict with the requirements of Sections 1-126 and 2-108 of the Mental Health and Developmental Disabilities Code.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-106.1)Sec. 2-106.1. Drug treatment.(a) A resident shall not be given unnecessary drugs. An unnecessary drug is any drug used in an excessive dose, including in duplicative therapy; for excessive duration; without adequate monitoring; without adequate indications for its use; or in the presence of adverse consequences that indicate the drugs should be reduced or discontinued. The Department shall adopt, by rule, the standards for unnecessary drugs contained in interpretive guidelines issued by the United States Department of Health and Human Services for the purposes of administering Titles XVIII and XIX of the Social Security Act.(b) Psychotropic medication shall not be administered without the informed consent of the resident, the resident's guardian, or other authorized representative. "Psychotropic medication" means medication that is used for or listed as used for antipsychotic, antidepressant, antimanic, or antianxiety behavior modification or behavior management purposes in the latest editions of the AMA Drug Evaluations or the Physician's Desk Reference. The Department shall adopt, by rule, a protocol specifying how informed consent for psychotropic medication may be obtained or refused. The protocol shall require, at a minimum, a discussion between (1) the resident or the resident's authorized representative and (2) the resident's physician, a registered pharmacist who is not a dispensing pharmacist for the facility where the resident lives, or a licensed nurse about the possible risks and benefits of a recommended medication and the use of standardized consent forms designated by the Department. Each form developed by the Department (i) shall be written in plain language, (ii) shall be able to be downloaded from the Department's official website, (iii) shall include information specific to the psychotropic medication for which consent is being sought, and (iv) shall be used for every resident for whom psychotropic drugs are prescribed. In addition to creating those forms, the Department shall approve the use of any other informed consent forms that meet criteria developed by the Department.In addition to any other requirement prescribed by law, a facility that is found to have violated this subsection or the federal certification requirement that informed consent be obtained before administering a psychotropic medication shall for 3 years after the notice of violation be required to (A) obtain the signatures of 2 licensed health care professionals on every form purporting to give informed consent for the administration of a psychotropic medication, certifying the personal knowledge of each health care professional that the consent was obtained in compliance with the requirements of this subsection or (B) videotape or make a digital video record of the procedures followed by the facility to comply with the requirements of this subsection.(c) The requirements of this Section are intended to control in a conflict with the requirements of Sections 2-102 and 2-107.2 of the Mental Health and Developmental Disabilities Code with respect to the administration of psychotropic medication.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-106a)Sec. 2-106a. Resident identification wristlet. No identification wristlets shall be employed except as ordered by a physician who documents the need for such mandatory identification in the resident's clinical record. When identification bracelets are required, they must identify the resident's name, and the name and address of the facility issuing the identification wristlet.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-107)Sec. 2-107. Abuse or neglect; duty to report. An owner, licensee, administrator, employee or agent of a facility shall not abuse or neglect a resident. It is the duty of any facility employee or agent who becomes aware of such abuse or neglect to report it as provided in the Abused and Neglected Long Term Care Facility Residents Reporting Act. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-108)Sec. 2-108. Communications; visits; married residents. Every resident shall be permitted unimpeded, private and uncensored communication of his or her choice by mail, public telephone or visitation.(a) The administrator shall ensure that correspondence is conveniently received and mailed, and that telephones are reasonably accessible.(b) The administrator shall ensure that residents may have private visits at any reasonable hour unless such visits are not medically advisable for the resident as documented in the resident's clinical record by the resident's physician.(c) The administrator shall ensure that space for visits is available and that facility personnel knock, except in an emergency, before entering any resident's room.(d) Unimpeded, private and uncensored communication by mail, public telephone and visitation may be reasonably restricted by a physician only in order to protect the resident or others from harm, harassment or intimidation, provided that the reason for any such restriction is placed in the resident's clinical record by the physician and that notice of such restriction shall be given to all residents upon admission. However, all letters addressed by a resident to the Governor, members of the General Assembly, Attorney General, judges, state's attorneys, officers of the Department, or licensed attorneys at law shall be forwarded at once to the persons to whom they are addressed without examination by facility personnel. Letters in reply from the officials and attorneys mentioned above shall be delivered to the recipient without examination by facility personnel.(e) The administrator shall ensure that married residents residing in the same facility be allowed to reside in the same room within the facility unless there is no room available in the facility or it is deemed medically inadvisable by the residents' attending physician and so documented in the residents' medical records.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-109)Sec. 2-109. Religion. A resident shall be permitted the free exercise of religion. Upon a resident's request, and if necessary at the resident's expense, the administrator shall make arrangements for a resident's attendance at religious services of the resident's choice. However, no religious beliefs or practices, or attendance at religious services, may be imposed upon any resident. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-110)Sec. 2-110. Access to residents.(a) Any employee or agent of a public agency, any representative of a community legal services program or any other member of the general public shall be permitted access at reasonable hours to any individual resident of any facility, but only if there is neither a commercial purpose nor effect to such access and if the purpose is to do any of the following:(1) Visit, talk with and make personal, social and         legal services available to all residents;(2) Inform residents of their rights and entitlements         and their corresponding obligations, under federal and State laws, by means of educational materials and discussions in groups and with individual residents;(3) Assist residents in asserting their legal rights         regarding claims for public assistance, medical assistance and social security benefits, as well as in all other matters in which residents are aggrieved. Assistance may include counseling and litigation; or(4) Engage in other methods of asserting, advising         and representing residents so as to extend to them full enjoyment of their rights.(a-5) If a resident of a licensed facility is an identified offender, any federal, State, or local law enforcement officer or county probation officer shall be permitted reasonable access to the individual resident to verify compliance with the requirements of the Sex Offender Registration Act or to verify compliance with applicable terms of probation, parole, aftercare release, or mandatory supervised release.(b) All persons entering a facility under this Section shall promptly notify appropriate facility personnel of their presence. They shall, upon request, produce identification to establish their identity. No such person shall enter the immediate living area of any resident without first identifying himself or herself and then receiving permission from the resident to enter. The rights of other residents present in the room shall be respected. A resident may terminate at any time a visit by a person having access to the resident's living area under this Section.(c) This Section shall not limit the power of the Department or other public agency otherwise permitted or required by law to enter and inspect a facility.(d) Notwithstanding paragraph (a) of this Section, the administrator of a facility may refuse access to the facility to any person if the presence of that person in the facility would be injurious to the health and safety of a resident or would threaten the security of the property of a resident or the facility, or if the person seeks access to the facility for commercial purposes. Any person refused access to a facility may within 10 days request a hearing under Section 3-703. In that proceeding, the burden of proof as to the right of the facility to refuse access under this Section shall be on the facility.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-111)Sec. 2-111. Discharge. A resident may be discharged from a facility after he or she gives the administrator, a physician, or a nurse of the facility written notice of his or her desire to be discharged. If a guardian has been appointed for a resident or if the resident is a minor, the resident shall be discharged upon written consent of his or her guardian or if the resident is a minor, his or her parent unless there is a court order to the contrary. In such cases, upon the resident's discharge, the facility is relieved from any responsibility for the resident's care, safety or well being. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-112)Sec. 2-112. Grievances. A resident shall be permitted to present grievances on behalf of himself or herself or others to the administrator, the DD Facility Advisory Board established under Section 2-204 of the ID/DD Community Care Act, the residents' advisory council, State governmental agencies or other persons without threat of discharge or reprisal in any form or manner whatsoever. The administrator shall provide all residents or their representatives with the name, address, and telephone number of the appropriate State governmental office where complaints may be lodged. 
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-113)Sec. 2-113. Labor. A resident may refuse to perform labor for a facility.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-114)Sec. 2-114. Unlawful discrimination. No resident shall be subjected to unlawful discrimination as defined in Section 1-103 of the Illinois Human Rights Act by any owner, licensee, administrator, employee, or agent of a facility. Unlawful discrimination does not include an action by any owner, licensee, administrator, employee, or agent of a facility that is required by this Act or rules adopted under this Act.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-115)Sec. 2-115. Right to notification of violations. Residents and their guardians or other resident representatives, if any, shall be notified of any violation of this Act or the rules promulgated thereunder pursuant to Section 2-217 of this Act, or of violations of the requirements of Titles XVIII or XIX of the Social Security Act or rules promulgated thereunder, with respect to the health, safety, or welfare of the resident.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/Art. II Pt. 2 heading) 
	 
  
PART 2.  RESPONSIBILITIES

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-116)Sec. 2-116. Authorized electronic monitoring of a
resident's room. A resident shall be permitted to conduct
authorized electronic monitoring of the resident's room
through the use of electronic monitoring devices placed in the
room pursuant to the Authorized Electronic Monitoring in
Long-Term Care Facilities Act.
(Source: P.A. 99-784, eff. 1-1-17.) (210 ILCS 46/2-201)Sec. 2-201. Residents' funds. To protect the residents' funds, the facility:(1) Shall at the time of admission provide, in order of priority, each resident, or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any, with a written statement explaining to the resident and to the resident's spouse (a) their spousal impoverishment rights, as defined at Section 5-4 of the Illinois Public Aid Code, and at Section 303 of Title III of the Medicare Catastrophic Coverage Act of 1988 (P.L. 100-360), and (b) the resident's rights regarding personal funds and listing the services for which the resident will be charged. The facility shall obtain a signed acknowledgment from each resident or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any, that such person has received the statement.(2) May accept funds from a resident for safekeeping and managing, if it receives written authorization from, in order of priority, the resident or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any; such authorization shall be attested to by a witness who has no pecuniary interest in the facility or its operations, and who is not connected in any way to facility personnel or the administrator in any manner whatsoever.(3) Shall maintain and allow, in order of priority, each resident or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any, access to a written record of all financial arrangements and transactions involving the individual resident's funds.(4) Shall provide, in order of priority, each resident, or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any, with a written itemized statement at least quarterly, of all financial transactions involving the resident's funds.(5) Shall purchase a surety bond, or otherwise provide assurance satisfactory to the Departments of Public Health and Financial and Professional Regulation that all residents' personal funds deposited with the facility are secure against loss, theft, and insolvency.(6) Shall keep any funds received from a resident for safekeeping in an account separate from the facility's funds, and shall at no time withdraw any part or all of such funds for any purpose other than to return the funds to the resident upon the request of the resident or any other person entitled to make such request, to pay the resident his or her allowance, or to make any other payment authorized by the resident or any other person entitled to make such authorization.(7) Shall deposit any funds received from a resident in excess of $100 in an interest bearing account insured by agencies of, or corporations chartered by, the State or federal government. The account shall be in a form which clearly indicates that the facility has only a fiduciary interest in the funds and any interest from the account shall accrue to the resident. The facility may keep up to $100 of a resident's money in a non-interest-bearing account or petty cash fund, to be readily available for the resident's current expenditures.(8) Shall return to the resident, or the person who executed the written authorization required in subsection (2) of this Section, upon written request, all or any part of the resident's funds given the facility for safekeeping, including the interest accrued from deposits.(9) Shall (a) place any monthly allowance to which a resident is entitled in that resident's personal account, or give it to the resident, unless the facility has written authorization from the resident or the resident's guardian or if the resident is a minor, his parent, to handle it differently, (b) take all steps necessary to ensure that a personal needs allowance that is placed in a resident's personal account is used exclusively by the resident or for the benefit of the resident, and (c) where such funds are withdrawn from the resident's personal account by any person other than the resident, require such person to whom funds constituting any part of a resident's personal needs allowance are released, to execute an affidavit that such funds shall be used exclusively for the benefit of the resident.(10) Unless otherwise provided by State law, upon the death of a resident, shall provide the executor or administrator of the resident's estate with a complete accounting of all the resident's personal property, including any funds of the resident being held by the facility.(11) If an adult resident is incapable of managing his or her funds and does not have a resident's representative, guardian, or an immediate family member, shall notify the Office of the State Guardian of the Guardianship and Advocacy Commission.(12) If the facility is sold, shall provide the buyer with a written verification by a public accountant of all residents' monies and properties being transferred, and obtain a signed receipt from the new owner.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-201.5)Sec. 2-201.5. Screening prior to admission.(a) All persons age 18 or older seeking admission to a facility must be screened to determine the need for facility services prior to being admitted, regardless of income, assets, or funding source. In addition, any person who seeks to become eligible for medical assistance from the Medical Assistance Program under the Illinois Public Aid Code to pay for services while residing in a facility must be screened prior to receiving those benefits. Screening for facility services shall be administered through procedures established by administrative rule. Screening may be done by agencies other than the Department as established by administrative rule.(a-1) Any screening shall also include an evaluation of whether there are residential supports and services or an array of community services that would enable the person to live in the community. The person shall be told about the existence of any such services that would enable the person to live safely and humanely in the least restrictive environment, that is appropriate, that the individual or guardian chooses, and the person shall be given the assistance necessary to avail himself or herself of any available services.(b) In addition to the screening required by subsection (a), a facility shall, within 24 hours after admission, request a criminal history background check pursuant to the Uniform Conviction Information Act for all persons age 18 or older seeking admission to the facility. Background checks conducted pursuant to this Section shall be based on the resident's name, date of birth, and other identifiers as required by the Illinois State Police. If the results of the background check are inconclusive, the facility shall initiate a fingerprint-based check, unless the fingerprint-based check is waived by the Director of Public Health based on verification by the facility that the resident is completely immobile or that the resident meets other criteria related to the resident's health or lack of potential risk which may be established by Departmental rule. A waiver issued pursuant to this Section shall be valid only while the resident is immobile or while the criteria supporting the waiver exist. The facility shall provide for or arrange for any required fingerprint-based checks. If a fingerprint-based check is required, the facility shall arrange for it to be conducted in a manner that is respectful of the resident's dignity and that minimizes any emotional or physical hardship to the resident.(c) If the results of a resident's criminal history background check reveal that the resident is an identified offender as defined in Section 1-114.01 of this Act, the facility shall do the following:(1) Immediately notify the Illinois State Police, in     the form and manner required by the Illinois State Police, in collaboration with the Department of Public Health, that the resident is an identified offender.(2) Within 72 hours, arrange for a fingerprint-based     criminal history record inquiry to be requested on the identified offender resident. The inquiry shall be based on the subject's name, sex, race, date of birth, fingerprint images, and other identifiers required by the Illinois State Police. The inquiry shall be processed through the files of the Illinois State Police and the Federal Bureau of Investigation to locate any criminal history record information that may exist regarding the subject. The Federal Bureau of Investigation shall furnish to the Illinois State Police, pursuant to an inquiry under this paragraph (2), any criminal history record information contained in its files. The facility shall comply with all applicable provisions contained in the Uniform Conviction Information Act. All name-based and fingerprint-based criminal history record inquiries shall be submitted to the Illinois State Police electronically in the form and manner prescribed by the Illinois State Police. The Illinois State Police may charge the facility a fee for processing name-based and fingerprint-based criminal history record inquiries. The fee shall be deposited into the State Police Services Fund. The fee shall not exceed the actual cost of processing the inquiry.(d) The Department shall develop and maintain a de-identified database of residents who have injured facility staff, facility visitors, or other residents, and the attendant circumstances, solely for the purposes of evaluating and improving resident pre-screening and assessment procedures (including the Criminal History Report prepared under Section 2-201.6 of this Act) and the adequacy of Department requirements concerning the provision of care and services to residents. A resident shall not be listed in the database until a Department survey confirms the accuracy of the listing. The names of persons listed in the database and information that would allow them to be individually identified shall not be made public. Neither the Department nor any other agency of State government may use information in the database to take any action against any individual, licensee, or other entity unless the Department or agency receives the information independent of this subsection (d). All information collected, maintained, or developed under the authority of this subsection (d) for the purposes of the database maintained under this subsection (d) shall be treated in the same manner as information that is subject to Part 21 of Article VIII of the Code of Civil Procedure. 
(Source: P.A. 102-538, eff. 8-20-21.) (210 ILCS 46/2-201.6)Sec. 2-201.6. Criminal History Report.(a) The Illinois State Police shall prepare a Criminal History Report when it receives information, through the criminal history background check required pursuant to subsection (c) of Section 2-201.5 or through any other means, that a resident of a facility is an identified offender.(b) The Illinois State Police shall complete the Criminal History Report within 10 business  days after receiving any information described under subsection (a) of this Act that a resident is an identified offender.(c) The Criminal History Report shall include, but not be limited to, all of the following:(1) Copies of the identified offender's parole,     mandatory supervised release, or probation orders.(2) An interview with the identified offender.(3) A detailed summary of the entire criminal history     of the offender, including arrests, convictions, and the date of the identified offender's last conviction relative to the date of admission to a facility.(4) If the identified offender is a convicted or     registered sex offender, then a review of any and all sex offender evaluations conducted on that offender. If there is no sex offender evaluation available, then the Illinois State Police shall arrange, through the Department of Public Health, for a sex offender evaluation to be conducted on the identified offender. If the convicted or registered sex offender is under supervision by the Illinois Department of Corrections or a county probation department, then the sex offender evaluation shall be arranged by and at the expense of the supervising agency. All evaluations conducted on convicted or registered sex offenders under this Act shall be conducted by sex offender evaluators approved by the Sex Offender Management Board.(d) The Illinois State Police shall provide the Criminal History Report to a licensed forensic psychologist. The licensed forensic psychologist shall prepare an Identified Offender Report and Recommendation after (i) consideration of the Criminal History Report, (ii) consultation with the facility administrator or the facility medical director, or both, regarding the mental and physical condition of the identified offender, and (iii) reviewing the facility's file on the identified offender, including all incident reports, all information regarding medication and medication compliance, and all information regarding previous discharges or transfers from other facilities. The Identified Offender Report and Recommendation shall detail whether and to what extent the identified offender's criminal history necessitates the implementation of security measures within the facility. If the identified offender is a convicted or registered sex offender, or if the Identified Offender Report and Recommendation reveals that the identified offender poses a significant risk of harm to others within the facility, then the offender shall be required to have his or her own room within the facility.(e) The licensed forensic psychologist shall complete the Identified Offender Report and Recommendation within 14 business days after receiving the Criminal History
Report and shall promptly provide the Identified Offender Report and Recommendation to the Illinois State Police, which shall provide the Identified Offender Report and
Recommendation to the following:(1) The facility within which the identified offender     resides.(2) The Chief of Police of the municipality in which     the facility is located.(3) The State of Illinois Long Term Care Ombudsman.(4) The Department of Public Health.(f) The Department of Public Health shall keep a continuing record of all residents determined to be identified offenders as defined in Section 1-114.01 and shall report the
number of identified offender residents annually to the General
Assembly.(g) The facility shall incorporate the Identified Offender Report and Recommendation into the identified offender's individual program plan created pursuant to 42 CFR 483.440(c).(h) If, based on the Identified Offender Report and Recommendation, a facility determines that it cannot manage the identified offender resident safely within the facility, then it shall commence involuntary transfer or discharge proceedings pursuant to Section 3-402.(i) Except for willful and wanton misconduct, any person authorized to participate in the development of a Criminal History Report or Identified Offender Report and Recommendation is immune from criminal or civil liability for any acts or omissions as the result of his or her good faith effort to comply with this Section.

(Source: P.A. 102-538, eff. 8-20-21.) (210 ILCS 46/2-202)Sec. 2-202. Contract required.(a) Before a person is admitted to a facility, or at the expiration of the period of previous contract, or when the source of payment for the resident's care changes from private to public funds or from public to private funds, a written contract shall be executed between a licensee and the following in order of priority:(1) the person, or if the person is a minor, his         parent or guardian; or(2) the person's guardian, if any, or agent, if any,         as defined in Section 2-3 of the Illinois Power of Attorney Act; or(3) a member of the person's immediate family.An adult person shall be presumed to have the capacity to contract for admission to a facility unless he or she has been adjudicated a "disabled person" within the meaning of Section 11a-2 of the Probate Act of 1975, or unless a petition for such an adjudication is pending in a circuit court of Illinois.If there is no guardian, agent or member of the person's immediate family available, able or willing to execute the contract required by this Section and a physician determines that a person is so disabled as to be unable to consent to placement in a facility, or if a person has already been found to be a "disabled person", but no order has been entered allowing residential placement of the person, that person may be admitted to a facility before the execution of a contract required by this Section; provided that a petition for guardianship or for modification of guardianship is filed within 15 days of the person's admission to a facility, and provided further that such a contract is executed within 10 days of the disposition of the petition.No adult shall be admitted to a facility if he or she objects, orally or in writing, to such admission, except as otherwise provided in Chapters III and IV of the Mental Health and Developmental Disabilities Code or Section 11a-14.1 of the Probate Act of 1975.Before a licensee enters a contract under this Section, it shall provide the prospective resident and his or her guardian, if any, with written notice of the licensee's policy regarding discharge of a resident whose private funds for payment of care are exhausted.(b) A resident shall not be discharged or transferred at the expiration of the term of a contract, except as provided in Sections 3-401 through 3-423.(c) At the time of the resident's admission to the facility, a copy of the contract shall be given to the resident, his or her guardian, if any, and any other person who executed the contract.(d) A copy of the contract for a resident who is supported by nonpublic funds other than the resident's own funds shall be made available to the person providing the funds for the resident's support.(e) The original or a copy of the contract shall be maintained in the facility and be made available upon request to representatives of the Department and the Department of Healthcare and Family Services.(f) The contract shall be written in clear and unambiguous language and shall be printed in not less than 12-point type. The general form of the contract shall be prescribed by the Department.(g) The contract shall specify:(1) the term of the contract;(2) the services to be provided under the contract         and the charges for the services;(3) the services that may be provided to supplement         the contract and the charges for the services;(4) the sources liable for payments due under the         contract;(5) the amount of deposit paid; and(6) the rights, duties and obligations of the         resident, except that the specification of a resident's rights may be furnished on a separate document which complies with the requirements of Section 2-211.(h) The contract shall designate the name of the resident's representative, if any. The resident shall provide the facility with a copy of the written agreement between the resident and the resident's representative which authorizes the resident's representative to inspect and copy the resident's records and authorizes the resident's representative to execute the contract on behalf of the resident required by this Section.(i) The contract shall provide that if the resident is compelled by a change in physical or mental health to leave the facility, the contract and all obligations under it shall terminate on 7 days' notice. No prior notice of termination of the contract shall be required, however, in the case of a resident's death. The contract shall also provide that in all other situations, a resident may terminate the contract and all obligations under it with 30 days' notice. All charges shall be prorated as of the date on which the contract terminates, and, if any payments have been made in advance, the excess shall be refunded to the resident. This provision shall not apply to life care contracts through which a facility agrees to provide maintenance and care for a resident throughout the remainder of his life nor to continuing care contracts through which a facility agrees to supplement all available forms of financial support in providing maintenance and care for a resident throughout the remainder of his or her life.(j) In addition to all other contract specifications contained in this Section admission contracts shall also specify:(1) whether the facility accepts Medicaid clients;(2) whether the facility requires a deposit of the         resident or his or her family prior to the establishment of Medicaid eligibility;(3) in the event that a deposit is required, a clear         and concise statement of the procedure to be followed for the return of such deposit to the resident or the appropriate family member or guardian of the person; and(4) that all deposits made to a facility by a         resident, or on behalf of a resident, shall be returned by the facility within 30 days of the establishment of Medicaid eligibility, unless such deposits must be drawn upon or encumbered in accordance with Medicaid eligibility requirements established by the Department of Healthcare and Family Services.(k) It shall be a business offense for a facility to knowingly and intentionally both retain a resident's deposit and accept Medicaid payments on behalf of that resident.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-203)Sec. 2-203. Residents' advisory council. Each facility shall establish a residents' advisory council. The administrator shall designate a member of the facility staff to coordinate the establishment of, and render assistance to, the council.(a) The composition of the residents' advisory council shall be specified by Department regulation, but no employee or affiliate of a facility shall be a member of any council.(b) The council shall meet at least once each month with the staff coordinator who shall provide assistance to the council in preparing and disseminating a report of each meeting to all residents, the administrator, and the staff.(c) Records of the council meetings will be maintained in the office of the administrator.(d) The residents' advisory council may communicate to the administrator the opinions and concerns of the residents. The council shall review procedures for implementing resident rights, facility responsibilities and make recommendations for changes or additions which will strengthen the facility's policies and procedures as they affect residents' rights and facility responsibilities.(e) The council shall be a forum for:(1) Obtaining and disseminating information;(2) Soliciting and adopting recommendations for     facility programing and improvements; and(3) Early identification and for recommending orderly     resolution of problems.(f) The council may present complaints as provided in Section 3-702 on behalf of a resident to the Department, the DD Facility Advisory Board established under Section 2-204 of the ID/DD Community Care Act or to any other person it considers appropriate.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-204)Sec. 2-204. DD Facility Advisory Board.  The DD Facility Advisory Board established under Section 2-204 of the ID/DD Community Care Act shall advise the Department of Public Health on all aspects of its responsibilities under this Act, including the format and content of any rules adopted by the Department of Public Health. Any such rules, except emergency rules adopted pursuant to Section 5-45 of the Illinois Administrative Procedure Act, adopted without obtaining the advice of the DD Facility Advisory Board are null and void. If the Department fails to follow the advice of the DD Facility Advisory Board, the Department shall, prior to the adoption of such rules, transmit a written explanation of the reason therefor to the DD Facility Advisory Board. During its review of rules, the DD Facility Advisory Board shall analyze the economic and regulatory impact of those rules. If the DD Facility Advisory Board, having been asked for its advice, fails to advise the Department within 90 days, the rules shall be considered acted upon.
(Source: P.A. 99-570, eff. 7-15-16.) (210 ILCS 46/2-205)Sec. 2-205. Disclosure of information to public. The following information is subject to disclosure to the public from the Department or the Department of Healthcare and Family Services:(1) Information submitted under Sections 3-103 and     3-207 except information concerning the remuneration of personnel licensed, registered, or certified by the Department of Financial and Professional Regulation (as successor to the Department of Professional Regulation) and monthly charges for an individual private resident;(2) Records of license and certification inspections,     surveys, and evaluations of facilities, other reports of inspections, surveys, and evaluations of resident care,  whether a facility is designated a distressed facility and the basis for the designation, and reports concerning a facility prepared pursuant to Titles XVIII and XIX of the Social Security Act, subject to the provisions of the Social Security Act;(3) Cost and reimbursement reports submitted by a     facility under Section 3-208, reports of audits of facilities, and other public records concerning costs incurred by, revenues received by, and reimbursement of facilities; and(4) Complaints filed against a facility and complaint     investigation reports, except that a complaint or complaint investigation report shall not be disclosed to a person other than the complainant or complainant's representative before it is disclosed to a facility under Section 3-702, and, further, except that a complainant or resident's name shall not be disclosed except under Section 3-702.     The Department shall disclose information under this Section in accordance with provisions for inspection and copying of public records required by the Freedom of Information Act.     However, the disclosure of information described in subsection (1) shall not be restricted by any provision of the Freedom of Information Act. 
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-206)Sec. 2-206. Confidentiality of records.(a) The Department shall respect the confidentiality of a resident's record and shall not divulge or disclose the contents of a record in a manner which identifies a resident, except upon a resident's death to a relative or guardian, or under judicial proceedings. This Section shall not be construed to limit the right of a resident to inspect or copy the resident's records.(b) Confidential medical, social, personal, or financial information identifying a resident shall not be available for public inspection in a manner which identifies a resident.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-207)Sec. 2-207. Directories for public health regions; information concerning facility costs and policies.(a) Each year the Department shall publish a Directory for each public health region listing facilities to be made available to the public and be available at all Department offices. The Department may charge a fee for the Directory. The Directory shall contain, at a minimum, the following information:(1) The name and address of the facility;(2) The number and type of licensed beds;(3) The name of the cooperating hospital, if any;(4) The name of the administrator;(5) The facility telephone number; and(6) Membership in a provider association and     accreditation by any such organization.(b) Detailed information concerning basic costs for care and operating policies shall be available to the public upon request at each facility. However, a facility may refuse to make available any proprietary operating policies to the extent such facility reasonably believes such policies may be revealed to a competitor.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-208)Sec. 2-208. Notice of imminent death, unusual incident, abuse, or neglect.(a) A facility shall immediately notify the identified resident's next of kin, guardian, resident's representative, and physician of the resident's death or when the resident's death appears to be imminent. A facility shall immediately notify the Department by telephone of a resident's death within 24 hours after the resident's death.  The facility shall notify the Department of the death of a facility's resident that does not occur in the facility immediately upon learning of the death.  A facility shall promptly notify the coroner or medical examiner of a resident's death in a manner and form to be determined by the Department after consultation with the coroner or medical examiner of the county in which the facility is located.  In addition to notice to the Department by telephone, the Department shall require the facility to submit written notification of the death of a resident within 72 hours after the death, including a report of any medication errors or other incidents that occurred within 30 days of the resident's death. A facility's failure to comply with this Section shall constitute a Type "B" violation.(b) A facility shall immediately notify the resident's next of kin, guardian, or resident representative of any unusual incident, abuse, or neglect involving the resident. A facility shall immediately notify the Department by telephone of any unusual incident, abuse, or neglect required to be reported pursuant to State law or administrative rule.  In addition to notice to the Department by telephone, the Department shall require the facility to submit written notification of any unusual incident, abuse, or neglect within one day after the unusual incident, abuse, or neglect occurring.  A facility's failure to comply with this Section shall constitute a Type "B" violation. For purposes of this Section, "unusual incident" means serious injury; unscheduled hospital visit for treatment of serious injury; 9-1-1 calls for emergency services directly relating to a resident threat; or stalking of staff or person served that raises health or safety concerns. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-209)Sec. 2-209. Number of residents. A facility shall admit only that number of residents for which it is licensed. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-210)Sec. 2-210. Policies and procedures. A facility shall establish written policies and procedures to implement the responsibilities and rights provided in this Article. The policies shall include the procedure for the investigation and resolution of resident complaints as set forth under Section 3-702. The policies and procedures shall be clear and unambiguous and shall be available for inspection by any person. A summary of the policies and procedures, printed in not less than 12-point type, shall be distributed to each resident and representative. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-211)Sec. 2-211. Explanation of rights. Each resident and resident's guardian or other person acting for the resident shall be given a written explanation, prepared by the Office of the State Long Term Care Ombudsman, of all the rights enumerated in Part 1 of this Article and in Part 4 of Article III. For residents of facilities participating in Title XVIII or XIX of the Social Security Act, the explanation shall include an explanation of residents' rights enumerated in that Act. The explanation shall be given at the time of admission to a facility or as soon thereafter as the condition of the resident permits, but in no event later than 48 hours after admission, and again at least annually thereafter. At the time of the implementation of this Act each resident shall be given a written summary of all the rights enumerated in Part 1 of this Article.If a resident is unable to read such written explanation, it shall be read to the resident in a language the resident understands. In the case of a minor or a person having a guardian or other person acting for him or her, both the resident and the parent, guardian or other person acting for the resident shall be fully informed of these rights.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-212)Sec. 2-212. Staff familiarity with rights and responsibilities. The facility shall ensure that its staff is familiar with and observes the rights and responsibilities enumerated in this Article. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-213)Sec. 2-213. Vaccinations.(a) A facility shall annually administer or arrange for administration of a vaccination against influenza to each resident, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention that are most recent to the time of vaccination, unless the vaccination is medically contraindicated or the resident has refused the vaccine. Influenza vaccinations for all residents age 65 and over shall be completed by November 30 of each year or as soon as practicable if vaccine supplies are not available before November 1. Residents admitted after November 30, during the flu season, and until February 1 shall, as medically appropriate, receive an influenza vaccination prior to or upon admission or as soon as practicable if vaccine supplies are not available at the time of the admission, unless the vaccine is medically contraindicated or the resident has refused the vaccine. In the event that the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention determines that dates of administration other than those stated in this Act are optimal to protect the health of residents, the Department is authorized to develop rules to mandate vaccinations at those times rather than the times stated in this Act. A facility shall document in the resident's medical record that an annual vaccination against influenza was administered, arranged, refused or medically contraindicated.(b) A facility shall administer or arrange for administration of a pneumococcal vaccination to each resident, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, who has not received this immunization prior to or upon admission to the facility, unless the resident refuses the offer for vaccination or the vaccination is medically contraindicated. A facility shall document in each resident's medical record that a vaccination against pneumococcal pneumonia was offered and administered, arranged, refused, or medically contraindicated.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-214)Sec. 2-214. Consumer Choice Information Reports.(a) Every facility shall complete a Consumer Choice Information Report and shall file it with the Office of State Long Term Care Ombudsman electronically as prescribed by the Office. The Report shall be filed annually and upon request of the Office of State Long Term Care Ombudsman.  The Consumer Choice Information Report must be completed by the facility in full.(b) A violation of any of the provisions of this Section constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for the enforcement of this Section.(c) The Department of Public Health shall include verification of the submission of a facility's current Consumer Choice Information Report when conducting an inspection pursuant to Section 3-212.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-216)Sec. 2-216. Notification of identified offenders. If identified offenders are residents of the licensed facility, the licensed facility shall notify every resident or resident's guardian in writing that such offenders are residents of the licensed facility. The licensed facility shall also provide notice to its employees and to visitors to the facility that identified offenders are residents. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-217)Sec. 2-217. Notification of violations.  When the Department issues any notice pursuant to Section 3-119, 3-119.1, 3-301, 3-303, 3-307, or 3-702 of this Act or a notice of federal Medicaid certification deficiencies, the facility shall provide notification of the violations and deficiencies within 10 days after receiving a notice described within this Section to every resident and the resident's representative or guardian identified or referred to anywhere within the Department notice or the CMS 2567 as having received care or services that violated State or federal standards. The  notification shall include a Department-prescribed notification letter as determined by rule and a copy of the notice and CMS 2567, if any, issued by the Department. A facility's failure to provide notification pursuant to this Section to a resident and the resident's representative or guardian, if any, shall constitute a Type "B" violation.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/2-218)Sec. 2-218. Minimum staffing.    Facility staffing shall be based on all the needs of the residents and comply with Department rules as set forth under Section 3-202 of this Act. Facilities shall provide each resident, regardless of age, no less than 4.0 hours of nursing and personal care time each day.  The Department shall establish by rule the amount of registered or other licensed nurse and professional care time from the total 4.0 nursing and personal care time that shall be provided each day. A facility's failure to comply with this Section shall constitute a Type "B" violation.

(Source: P.A. 99-180, eff. 7-29-15.)
(210 ILCS 46/Art. III heading) 
ARTICLE III.
 LICENSING, ENFORCEMENT, VIOLATIONS, PENALTIES, AND REMEDIES

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/Art. III Pt. 1 heading) 
	 
  
PART 1.  LICENSING

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-101)Sec. 3-101. Licensure system. The Department shall establish a comprehensive system of licensure for facilities in accordance with this Act for the purposes of:(1) Protecting the health, welfare, and safety of     residents; and(2) Assuring the accountability for reimbursed care     provided in certified facilities participating in a federal or State health program. 
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-102)Sec. 3-102. Necessity of license. No person may establish, operate, maintain, offer or advertise a facility within this State unless and until he or she obtains a valid license therefore as hereinafter provided, which license remains unsuspended, unrevoked and unexpired. No public official or employee may place any person in, or recommend that any person be placed in, or directly or indirectly cause any person to be placed in any facility which is being operated without a valid license. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-102.1)Sec. 3-102.1. Denial of Department access to facility. If the Department is denied access to a facility or any other place which it reasonably believes is required to be licensed as a facility under this Act, it shall request intervention of local, county or State law enforcement agencies to seek an appropriate court order or warrant to examine or interview the residents of such facility. Any person or entity preventing the Department from carrying out its duties under this Section shall be guilty of a violation of this Act and shall be subject to such penalties related thereto.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-103)Sec. 3-103. Application for license; financial statement.    The procedure for obtaining a valid license shall be as follows:(1) Application to operate a facility shall be made     to the Department on forms furnished by the Department.(2) All license applications shall be accompanied     with an application fee. The fee for an annual license shall be $995. Facilities that pay a fee or assessment pursuant to Article V-C of the Illinois Public Aid Code shall be exempt from the license fee imposed under this item (2). The fee for a 2-year license shall be double the fee for the annual license set forth in the preceding sentence. The fees collected shall be deposited with the State Treasurer into the Long Term Care Monitor/Receiver Fund, which has been created as a special fund in the State treasury. This special fund is to be used by the Department for expenses related to the appointment of monitors and receivers as contained in Sections 3-501 through 3-517. At the end of each fiscal year, any funds in excess of $1,000,000 held in the Long Term Care Monitor/Receiver Fund shall be deposited in the State's General Revenue Fund. The application shall be under oath and the submission of false or misleading information shall be a Class A misdemeanor. The application shall contain the following information:(a) The name and address of the applicant if an             individual, and if a firm, partnership, or association, of every member thereof, and in the case of a corporation, the name and address thereof and of its officers and its registered agent, and in the case of a unit of local government, the name and address of its chief executive officer;(b) The name and location of the facility for         which     a license is sought;(c) The name of the person or persons under whose             management or supervision the facility will be conducted;(d) The number and type of residents for which             maintenance, personal care, or nursing is to be provided; and(e) Such information relating to the number,             experience, and training of the employees of the facility, any management agreements for the operation of the facility, and of the moral character of the applicant and employees as the Department may deem necessary.(3) Each initial application shall be accompanied by     a financial statement setting forth the financial condition of the applicant and by a statement from the unit of local government having zoning jurisdiction over the facility's location stating that the location of the facility is not in violation of a zoning ordinance. An initial application for a new facility shall be accompanied by a permit as required by the Illinois Health Facilities Planning Act. After the application is approved, the applicant shall advise the Department every 6 months of any changes in the information originally provided in the application.(4) Other information necessary to determine the     identity and qualifications of an applicant to operate a facility in accordance with this Act shall be included in the application as required by the Department in regulations.
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-104)Sec. 3-104. Licensing and regulation by municipality. Any city, village or incorporated town may by ordinance provide for the licensing and regulation of a facility or any classification of such facility, as defined herein, within such municipality, provided that the ordinance requires compliance with at least the minimum requirements established by the Department under this Act. The licensing and enforcement provisions of the municipality shall fully comply with this Act, and the municipality shall make available information as required by this Act. Such compliance shall be determined by the Department subject to review as provided in Section 3-703. Section 3-703 shall also be applicable to the judicial review of final administrative decisions of the municipality under this Act. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-105)Sec. 3-105. Reports by municipality. Any city, village or incorporated town which has or may have ordinances requiring the licensing and regulation of facilities with at least the minimum standards established by the Department under this Act, shall make such periodic reports to the Department as the Department deems necessary. This report shall include a list of those facilities licensed by such municipality, the number of beds of each facility and the date the license of each facility is effective. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-106)Sec. 3-106. Issuance of license to holder of municipal license.(a) Upon receipt of notice and proof from an applicant or licensee that he has received a license or renewal thereof from a city, village or incorporated town, accompanied by the required license or renewal fees, the Department shall issue a license or renewal license to such person. The Department shall not issue a license hereunder to any person who has failed to qualify for a municipal license. If the issuance of a license by the Department antedates regulatory action by a municipality, the municipality shall issue a local license unless the standards and requirements under its ordinance or resolution are greater than those prescribed under this Act.(b) In the event that the standards and requirements under the ordinance or resolution of the municipality are greater than those prescribed under this Act, the license issued by the Department shall remain in effect pending reasonable opportunity provided by the municipality, which shall be not less than 60 days, for the licensee to comply with the local requirements. Upon notice by the municipality, or upon the Department's own determination that the licensee has failed to qualify for a local license, the Department shall revoke such license.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-107)Sec. 3-107. Inspection; fees. The Department and the city, village or incorporated town shall have the right at any time to visit and inspect the premises and personnel of any facility for the purpose of determining whether the applicant or licensee is in compliance with this Act or with the local ordinances which govern the regulation of the facility. The Department may survey any former facility which once held a license to ensure that the facility is not again operating without a license. Municipalities may charge a reasonable license or renewal fee for the regulation of facilities, which fees shall be in addition to the fees paid to the Department. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-107.1)Sec. 3-107.1. Access by law enforcement officials and agencies. Notwithstanding any other provision of this Act, the Attorney General, the State's Attorneys and various law enforcement agencies of this State and its political subdivisions shall have full and open access to any facility pursuant to Article 108 of the Code of Criminal Procedure of 1963 in the exercise of their investigatory and prosecutorial powers in the enforcement of the criminal laws of this State. Furthermore, the Attorney General, the State's Attorneys and law enforcement agencies of this State shall inform the Department of any violations of this Act of which they have knowledge. Disclosure of matters before a grand jury shall be made in accordance with Section 112-6 of the Code of Criminal Procedure of 1963. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-108)Sec. 3-108. Cooperation with State agencies. The Department shall coordinate the functions within State government affecting facilities licensed under this Act and shall cooperate with other State agencies which establish standards or requirements for facilities to assure necessary, equitable, and consistent State supervision of licensees without unnecessary duplication of survey, evaluation, and consultation services or complaint investigations. The Department shall cooperate with the Department of Human Services in regard to facilities containing more than 20% of residents for whom the Department of Human Services has mandated follow up responsibilities under the Mental Health and Developmental Disabilities Administrative Act.
    The Department shall cooperate with the Department of Healthcare and Family Services in regard to facilities where recipients of public aid are residents.
    The Department shall immediately refer to the Department of Financial and Professional Regulation (as successor to the Department of Professional Regulation) for investigation any credible evidence of which it has knowledge that an individual licensed by that Department has violated this Act or any rule issued under this Act.
    The Department shall enter into agreements with other State Departments, agencies or commissions to effectuate the purpose of this Section.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-109)Sec. 3-109. Issuance of license based on Director's findings. Upon receipt and review of an application for a license made under this Article and inspection of the applicant facility under this Article, the Director shall issue a license if he or she finds:(1) That the individual applicant, or the     corporation, partnership or other entity if the applicant is not an individual, is a person responsible and suitable to operate or to direct or participate in the operation of a facility by virtue of financial capacity, appropriate business or professional experience, a record of compliance with lawful orders of the Department and lack of revocation of a license during the previous 5 years and is not the owner of a facility designated pursuant to Section 3-304.2 as a distressed facility;(2) That the facility is under the supervision of an     administrator who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act, as now or hereafter amended; and(3) That the facility is in substantial compliance     with this Act, and such other requirements for a license as the Department by rule may establish under this Act. 
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-110)Sec. 3-110. Contents and period of license.(a) Any license granted by the Director shall state the maximum bed capacity for which it is granted, the date the license was issued, and the expiration date. Except as provided in subsection (b), such licenses shall normally be issued for a period of one year. However, the Director may issue licenses or renewals for periods of not less than 6 months nor more than 18 months for facilities with annual licenses and not less than 18 months nor more than 30 months for facilities with 2-year licenses in order to distribute the expiration dates of such licenses throughout the calendar year, and fees for such licenses shall be prorated on the basis of the portion of a year for which they are issued. Each license shall be issued only for the premises and persons named in the application and shall not be transferable or assignable.The Department shall require the licensee to comply with the requirements of a court order issued under Section 3-515, as a condition of licensing.(b) A license for a period of 2 years shall be issued to a facility if the facility:(1) has not received a Type "AA" violation within the     last 12 months;(1.5) has not received a Type "A" violation within     the     last 24 months;(2) has not received a Type "B" violation within the         last 24 months;(3) has not had an inspection, survey, or evaluation         that resulted in the issuance of 10 or more administrative warnings in the last 24 months;(4) has not had an inspection, survey, or evaluation         that resulted in an administrative warning issued for a violation of Sections 3-401 through 3-413 in the last 24 months;(5) has not been issued an order to reimburse a         resident for a violation of Article II under subsection (6) of Section 3-305 in the last 24 months; and(6) has not been subject to sanctions or         decertification for violations in relation to patient care of a facility under Titles XVIII and XIX of the federal Social Security Act within the last 24 months.If a facility with a 2-year license fails to meet the conditions in items (1) through (6) of this subsection, in addition to any other sanctions that may be applied by the Department under this Act, the facility's 2-year license shall be replaced by a one year license until such time as the facility again meets the conditions in items (1) through (6) of this subsection.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-111)Sec. 3-111. Issuance or renewal of license after notice of violation. The issuance or renewal of a license after notice of a violation has been sent shall not constitute a waiver by the Department of its power to rely on the violation as the basis for subsequent license revocation or other enforcement action under this Act arising out of the notice of violation. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-112)Sec. 3-112. Transfer of ownership; license.(a) Whenever ownership of a facility is transferred from the person named in the license to any other person, the transferee must obtain a new probationary license. The transferee shall notify the Department of the transfer and apply for a new license at least 30 days prior to final transfer. The Department may not approve the transfer of ownership to an owner of a facility designated pursuant to Section 3-304.2 of this Act as a distressed facility.(b) The transferor shall notify the Department at least 30 days prior to final transfer. The transferor shall remain responsible for the operation of the facility until such time as a license is issued to the transferee.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-113)Sec. 3-113. Transferee; conditional license. The license granted to the transferee shall be subject to the plan of correction submitted by the previous owner and approved by the Department and any conditions contained in a conditional license issued to the previous owner. If there are outstanding violations and no approved plan of correction has been implemented, the Department may issue a conditional license and plan of correction as provided in Sections 3-311 through 3-317. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-114)Sec. 3-114. Transferor liable for penalties. The transferor shall remain liable for all penalties assessed against the facility which are imposed for violations occurring prior to transfer of ownership. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-115)Sec. 3-115. License renewal application.  At least 120 days but not more than 150 days prior to license expiration, the licensee shall submit an application for renewal of the license in such form and containing such information as the Department requires. If the application is approved, the license shall be renewed in accordance with Section 3-110. The renewal application for a facility shall not be approved unless the applicant has provided to the Department an accurate disclosure document in accordance with the Alzheimer's Disease and Related Dementias Special Care Disclosure Act. If application for renewal is not timely filed, the Department shall so inform the licensee. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-116)Sec. 3-116. Probationary license. If the applicant has not been previously licensed or if the facility is not in operation at the time application is made, the Department shall issue only a probationary license. A probationary license shall be valid for 120 days unless sooner suspended or revoked under Section 3-119. Within 30 days prior to the termination of a probationary license, the Department shall fully and completely inspect the facility and, if the facility meets the applicable requirements for licensure, shall issue a license under Section 3-109. If the Department finds that the facility does not meet the requirements for licensure but has made substantial progress toward meeting those requirements, the license may be renewed once for a period not to exceed 120 days from the expiration date of the initial probationary license. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-117)Sec. 3-117. Denial of license; grounds. An application for a license may be denied for any of the following reasons:(1) Failure to meet any of the minimum standards set     forth by this Act or by rules and regulations promulgated by the Department under this Act.(2) Conviction of the applicant, or if the applicant     is a firm, partnership or association, of any of its members, or if a corporation, the conviction of the corporation or any of its officers or stockholders, or of the person designated to manage or supervise the facility, of a felony, or of 2 or more misdemeanors involving moral turpitude, during the previous 5 years as shown by a certified copy of the record of the court of conviction.(3) Personnel insufficient in number or unqualified     by training or experience to properly care for the proposed number and type of residents.(4) Insufficient financial or other resources to     operate and conduct the facility in accordance with standards promulgated by the Department under this Act.(5) Revocation of a facility license during the     previous 5 years, if such prior license was issued to the individual applicant, a controlling owner or controlling combination of owners of the applicant; or any affiliate of the individual applicant or controlling owner of the applicant and such individual applicant, controlling owner of the applicant or affiliate of the applicant was a controlling owner of the prior license; provided, however, that the denial of an application for a license pursuant to this subsection must be supported by evidence that such prior revocation renders the applicant unqualified or incapable of meeting or maintaining a facility in accordance with the standards and rules promulgated by the Department under this Act.(6) That the facility is not under the direct     supervision of a full time administrator, as defined by regulation, who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act.(7) That the facility is in receivership and the     proposed licensee has not submitted a specific detailed plan to bring the facility into compliance with the requirements of this Act and with federal certification requirements, if the facility is certified, and to keep the facility in such compliance.(8) The applicant is the owner of a facility     designated pursuant to Section 3-304.2 of this Act as a distressed facility. (Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-118)Sec. 3-118. Notice of denial; request for hearing. Immediately upon the denial of any application or reapplication for a license under this Article, the Department shall notify the applicant in writing. Notice of denial shall include a clear and concise statement of the violations of Section 3-117 on which denial is based and notice of the opportunity for a hearing under Section 3-703. If the applicant desires to contest the denial of a license, it shall provide written notice to the Department of a request for a hearing within 10 days after receipt of the notice of denial. The Department shall commence the hearing under Section 3-703.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-119)Sec. 3-119. Suspension, revocation, or refusal to renew license.(a) The Department, after notice to the applicant or licensee, may suspend, revoke or refuse to renew a license in any case in which the Department finds any of the following:(1) There has been a substantial failure to comply     with this Act or the rules and regulations promulgated by the Department under this Act. A substantial failure by a facility shall include, but not be limited to, any of the following:(A) termination of Medicare or Medicaid         certification by the Centers for Medicare and Medicaid Services; or(B) a failure by the facility to pay any fine         assessed under this Act after the Department has sent to the facility and licensee at least 2 notices of assessment that include a schedule of payments as determined by the Department, taking into account extenuating circumstances and financial hardships of the facility.(2) Conviction of the licensee, or of the person     designated to manage or supervise the facility, of a felony, or of 2 or more misdemeanors involving moral turpitude, during the previous 5 years as shown by a certified copy of the record of the court of conviction.(3) Personnel is insufficient in number or     unqualified by training or experience to properly care for the number and type of residents served by the facility.(4) Financial or other resources are insufficient to     conduct and operate the facility in accordance with standards promulgated by the Department under this Act.(5) The facility is not under the direct supervision     of a full time administrator, as defined by regulation, who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act.(6) The facility has committed 2 Type "AA" violations     within a 2-year period.(7) The facility has committed a Type "AA" violation     while the facility is listed as a "distressed facility".(b) Notice under this Section shall include a clear and concise statement of the violations on which the nonrenewal or revocation is based, the statute or rule violated and notice of the opportunity for a hearing under Section 3-703.(c) If a facility desires to contest the nonrenewal or revocation of a license, the facility shall, within 10 days after receipt of notice under subsection (b) of this Section, notify the Department in writing of its request for a hearing under Section 3-703. Upon receipt of the request the Department shall send notice to the facility and hold a hearing as provided under Section 3-703.(d) The effective date of nonrenewal or revocation of a license by the Department shall be any of the following:(1) Until otherwise ordered by the circuit court,     revocation is effective on the date set by the Department in the notice of revocation, or upon final action after hearing under Section 3-703, whichever is later.(2) Until otherwise ordered by the circuit court,     nonrenewal is effective on the date of expiration of any existing license, or upon final action after hearing under Section 3-703, whichever is later; however, a license shall not be deemed to have expired if the Department fails to timely respond to a timely request for renewal under this Act or for a hearing to contest nonrenewal under paragraph (c).(3) The Department may extend the effective date of     license revocation or expiration in any case in order to permit orderly removal and relocation of residents.The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-119.1)Sec. 3-119.1. Ban on new admissions.(a) Upon a finding by the Department that there has been a substantial failure to comply
with this Act or the rules and regulations promulgated by the Department under this Act, including, without limitation, the circumstances set forth in subsection (a) of Section 3-119 of this Act, or if the Department otherwise finds that it would be in the public interest or the interest of the health, safety, and welfare of facility residents, the Department may impose a ban on new admissions to any facility licensed under this Act.  The ban shall continue until such time as the Department determines that the circumstances giving rise to the ban no longer exist.(b)    The Department shall provide notice to the facility and licensee of any ban imposed pursuant to
subsection (a) of this Section.  The notice shall provide a clear and concise statement of the circumstances on which the ban on new admissions is based and notice of the opportunity for a hearing.  If the Department finds that the public interest or the health, safety, or welfare of facility residents imperatively requires immediate action and if the Department incorporates a finding to that effect in its notice, then the ban on new admissions may be ordered pending any hearing requested by the facility. Those proceedings shall be promptly instituted and determined. The Department shall promulgate rules defining the circumstances under which a ban on new admissions may be imposed.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/Art. III Pt. 2 heading) 
	 
  
PART 2.  GENERAL PROVISIONS

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-201)Sec. 3-201. Medical treatment; no prescription by Department. The Department shall not prescribe the course of medical treatment provided to an individual resident by the resident's physician in a facility.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-202)Sec. 3-202. Standards for facilities. The Department shall prescribe minimum standards for facilities. These standards shall regulate:(1) Location and construction of the facility,     including plumbing, heating, lighting, ventilation, and other physical conditions which shall ensure the health, safety, and comfort of residents and their protection from fire hazard;(2) To the extent this Act has not established     minimum staffing requirements within this Act, the numbers and qualifications of all personnel, including management and nursing personnel, having responsibility for any part of the care given to residents; specifically, the Department shall establish staffing ratios for facilities which shall specify the number of staff hours per resident of care that are needed for professional nursing care for various types of facilities or areas within facilities;(3) All sanitary conditions within the facility and     its surroundings, including water supply, sewage disposal, food handling, and general hygiene, which shall ensure the health and comfort of residents;(4) Diet related to the needs of each resident based     on good nutritional practice and on recommendations which may be made by the physicians attending the resident;(5) Equipment essential to the health and welfare of     the residents;(6) A program of habilitation and rehabilitation for     those residents who would benefit from such programs;(7) A program for adequate maintenance of physical     plant and equipment;(8) Adequate accommodations, staff and services for     the number and types of residents for whom the facility is licensed to care, including standards for temperature and relative humidity within comfort zones determined by the Department based upon a combination of air temperature, relative humidity and air movement. Such standards shall also require facility plans that provide for health and comfort of residents at medical risk as determined by the attending physician whenever the temperature and relative humidity are outside such comfort zones established by the Department. The standards must include a requirement that areas of a facility used by residents of the facility be air-conditioned and heated by means of operable air-conditioning and heating equipment. The areas subject to this air-conditioning and heating requirement include, without limitation, bedrooms or common areas such as sitting rooms, activity rooms, living rooms, community rooms, and dining rooms;(9) Development of evacuation and other appropriate     safety plans for use during weather, health, fire, physical plant, environmental and national defense emergencies; and(10) Maintenance of minimum financial or other     resources necessary to meet the standards established under this Section, and to operate and conduct the facility in accordance with this Act. 
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-202.1)Sec. 3-202.1. Weather or hazard alert system. The Department shall develop and implement a system of alerting and educating facilities and their personnel as to the existence or possibility of weather or other hazardous circumstances which may endanger resident health or safety and designating any precautions to prevent or minimize such danger. The Department may assist any facility experiencing difficulty in dealing with such emergencies. The Department may provide for announcement to the public of the dangers posed to facility residents by such existing or potential weather or hazardous circumstances. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-202.2a)Sec. 3-202.2a. Comprehensive resident care plan.  A facility, with the participation of the resident and the resident's guardian or resident's representative, as applicable, must develop and implement a comprehensive care plan for each resident that includes measurable objectives and timetables to meet the resident's medical, nursing, mental health, psychosocial, and habilitation needs that are identified in the resident's comprehensive assessment that allows the resident to attain or maintain the highest practicable level of independent functioning and provide for discharge planning to the least restrictive setting based on the resident's care needs. The assessment shall be developed with the active participation of the resident and the resident's guardian or resident's representative, as applicable.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-202.3)Sec. 3-202.3. Identified offenders as residents.      No later than 30 days after the effective date of this Act, the Department shall file with the Illinois Secretary of State's Office, pursuant to the Illinois Administrative Procedure Act, emergency rules regarding the provision of services to identified offenders. The emergency rules shall provide for, or include, but not be limited to the following:(1) A process for the identification of identified         offenders.(2) A required risk assessment of identified         offenders.(3) A requirement that a licensed facility be         required, within 10 days of the filing of the emergency rules, to compare its residents against the Illinois Department of Corrections and Illinois State Police registered sex offender databases.(4) A requirement that the licensed facility notify         the Department within 48 hours of determining that a resident or residents of the licensed facility are listed on the Illinois Department of Corrections or Illinois State Police registered sex offender databases.(5) The care planning of identified offenders, which         shall include, but not be limited to, a description of the security measures necessary to protect facility residents from the identified offender, including whether the identified offender should be segregated from other facility residents.(6) For offenders serving terms of probation for         felony offenses, parole, or mandatory supervised release, the facility shall acknowledge the terms of release as imposed by the court or Illinois Prisoner Review Board.(7) The discharge planning for identified offenders.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-202.4)Sec. 3-202.4. Feasibility of segregating identified offenders. The Department shall determine the feasibility of requiring identified offenders that seek admission to a licensed facility to be segregated from other residents.
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-202.5)Sec. 3-202.5. Facility plan review; fees.(a) Before commencing construction of a new facility or specified types of alteration or additions to an existing facility involving major construction, as defined by rule by the Department, with an estimated cost greater than $100,000, architectural drawings and specifications for the facility shall be submitted to the Department for review and approval. A facility may submit architectural drawings and specifications for other construction projects for Department review according to subsection (b) that shall not be subject to fees under subsection (d). Review of drawings and specifications shall be conducted by an employee of the Department meeting the qualifications established by the Department of Central Management Services class specifications for such an individual's position or by a person contracting with the Department who meets those class specifications. Final approval of the drawings and specifications for compliance with design and construction standards shall be obtained from the Department before the alteration, addition, or new construction is begun.(b) The Department shall inform an applicant in writing within 10 working days after receiving drawings and specifications and the required fee, if any, from the applicant whether the applicant's submission is complete or incomplete. Failure to provide the applicant with this notice within 10 working days shall result in the submission being deemed complete for purposes of initiating the 60 day review period under this Section. If the submission is incomplete, the Department shall inform the applicant of the deficiencies with the submission in writing. If the submission is complete the required fee, if any, has been paid, the Department shall approve or disapprove drawings and specifications submitted to the Department no later than 60 days following receipt by the Department. The drawings and specifications shall be of sufficient detail, as provided by Department rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the drawings are not of sufficient detail for it to render a determination of compliance, the plans shall be determined to be incomplete and shall not be considered for purposes of initiating the 60 day review period. If a submission of drawings and specifications is incomplete, the applicant may submit additional information. The 60 day review period shall not commence until the Department determines that a submission of drawings and specifications is complete or the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications within 60 days, the construction, major alteration, or addition shall be deemed approved. If the drawings and specifications are disapproved, the Department shall state in writing, with specificity, the reasons for the disapproval. The entity submitting the drawings and specifications may submit additional information in response to the written comments from the Department or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made within 45 days of the receipt of the additional information or reconsideration request. If denied, the Department shall state the specific reasons for the denial.(c) The Department shall provide written approval for occupancy pursuant to subsection (g) and shall not issue a violation to a facility as a result of a licensure or complaint survey based upon the facility's physical structure if:(1) the Department reviewed and approved or deemed         approved the drawings and specifications for compliance with design and construction standards;(2) the construction, major alteration, or addition         was built as submitted;(3) the law or rules have not been amended since the         original approval; and(4) the conditions at the facility indicate that         there is a reasonable degree of safety provided for the residents.(d) (Blank).(e) All fees received by the Department under this Section shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State Treasury. Moneys shall be appropriated from that Fund to the Department only to pay the costs of conducting reviews under this Section, under Section 3-202.5 of the Nursing Home Care Act, or under Section 3-202.5 of the ID/DD Community Care Act. None of the moneys in the Health Facility Plan Review Fund shall be used to reduce the amount of General Revenue Fund moneys appropriated to the Department for facility plan reviews conducted pursuant to this Section.(f) (Blank).(g) The Department shall conduct an on site inspection of the completed project no later than 30 days after notification from the applicant that the project has been completed and all certifications required by the Department have been received and accepted by the Department. The Department shall provide written approval for occupancy to the applicant within 5 working days of the Department's final inspection, provided the applicant has demonstrated substantial compliance as defined by Department rule. Occupancy of new major construction is prohibited until Department approval is received, unless the Department has not acted within the time frames provided in this subsection (g), in which case the construction shall be deemed approved. Occupancy shall be authorized after any required health inspection by the Department has been conducted.(h) The Department shall establish, by rule, a procedure to conduct interim on site review of large or complex construction projects.(i) The Department shall establish, by rule, an expedited process for emergency repairs or replacement of like equipment.(j) Nothing in this Section shall be construed to apply to maintenance, upkeep, or renovation that does not affect the structural integrity of the building, does not add beds or services over the number for which the facility is licensed, and provides a reasonable degree of safety for the residents.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-203)Sec. 3-203. Standards for persons with developmental disability or emotional or behavioral disorder. In licensing any facility for persons with a developmental disability or persons suffering from emotional or behavioral disorders, the Department shall consult with the Department of Human Services in developing minimum standards for such persons. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-204)Sec. 3-204. License classifications. In addition to the authority to prescribe minimum standards, the Department may adopt license classifications of facilities according to the levels of service, and if license classification is adopted the applicable minimum standards shall define the classification. In adopting classification of the license of facilities, the Department may give recognition to the classification of services defined or prescribed by federal statute or federal rule or regulation. More than one classification of the license may be issued to the same facility when the prescribed minimum standards and regulations are met. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-205)Sec. 3-205. Municipalities; license classifications. Where licensing responsibilities are performed by a city, village or incorporated town, the municipality shall use the same classifications as the Department; and a facility may not be licensed for a different classification by the Department than by the municipality. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-206)Sec. 3-206. Curriculum for training nursing assistants and aides.    The Department shall prescribe a curriculum for training nursing assistants, habilitation aides, and child care aides.(a) No person, except a volunteer who receives no compensation from a facility and is not included for the purpose of meeting any staffing requirements set forth by the Department, shall act as a nursing assistant, habilitation aide, or child care aide in a facility, nor shall any person, under any other title, not licensed, certified, or registered to render medical care by the Department of Financial and  Professional Regulation, assist with the personal, medical, or nursing care of residents in a facility, unless such person meets the following requirements:(1) Be at least 16 years of age, of temperate habits         and good moral character, honest, reliable and trustworthy.(2) Be able to speak and understand the English         language or a language understood by a substantial percentage of the facility's residents.(3) Provide evidence of employment or occupation, if         any, and residence for 2 years prior to his or her present employment.(4) Have completed at least 8 years of grade school         or provide proof of equivalent knowledge.(5) Begin a current course of training for nursing         assistants, habilitation aides, or child care aides, approved by the Department, within 45 days of initial employment in the capacity of a nursing assistant, habilitation aide, or child care aide at any facility. Such courses of training shall be successfully completed within 120 days of initial employment in the capacity of nursing assistant, habilitation aide, or child care aide at a facility. Nursing assistants, habilitation aides, and child care aides who are enrolled in approved courses in community colleges or other educational institutions on a term, semester or trimester basis, shall be exempt from the 120-day completion time limit. The Department shall adopt rules for such courses of training. These rules shall include procedures for facilities to carry on an approved course of training within the facility.The Department may accept comparable training in         lieu of the 120-hour course for student nurses, foreign nurses, military personnel, or employees of the Department of Human Services.The facility shall develop and implement procedures,         which shall be approved by the Department, for an ongoing review process, which shall take place within the facility, for nursing assistants, habilitation aides, and child care aides.At the time of each regularly scheduled licensure         survey, or at the time of a complaint investigation, the Department may require any nursing assistant, habilitation aide, or child care aide to demonstrate, either through written examination or action, or both, sufficient knowledge in all areas of required training. If such knowledge is inadequate the Department shall require the nursing assistant, habilitation aide, or child care aide to complete inservice training and review in the facility until the nursing assistant, habilitation aide, or child care aide demonstrates to the Department, either through written examination or action, or both, sufficient knowledge in all areas of required training; and(6) Be familiar with and have general skills related         to resident care.(a-0.5) An educational entity, other than a secondary school, conducting a nursing assistant, habilitation aide, or child care aide training program shall initiate a criminal history record check in accordance with the Health Care Worker Background Check Act prior to entry of an individual into the training program. A secondary school may initiate a criminal history record check in accordance with the Health Care Worker Background Check Act at any time during or after a training program.(a-1) Nursing assistants, habilitation aides, or child care aides seeking to be included on the Health Care Worker Registry under the Health Care Worker Background Check Act must authorize the Department of Public Health or its designee to request a criminal history record check in accordance with the Health Care Worker Background Check Act and submit all necessary information. An individual may not newly be included on the Health Care Worker Registry unless a criminal history record check has been conducted with respect to the individual.(b) Persons subject to this Section shall perform their duties under the supervision of a licensed nurse or other appropriately trained, licensed, or certified personnel.(c) It is unlawful for any facility to employ any person in the capacity of nursing assistant, habilitation aide, or child care aide, or under any other title, not licensed by the State of Illinois to assist in the personal, medical, or nursing care of residents in such facility unless such person has complied with this Section.(d) Proof of compliance by each employee with the requirements set out in this Section shall be maintained for each such employee by each facility in the individual personnel folder of the employee. Proof of training shall be obtained only from the Health Care Worker Registry.(e) Each facility shall obtain access to the Health Care Worker Registry's web application, maintain the employment and demographic information relating to each employee, and verify by the category and type of employment that each employee subject to this Section meets all the requirements of this Section.(f) Any facility that is operated under Section 3-803 shall be exempt from the requirements of this Section.(g) Each skilled nursing and intermediate care facility that admits persons who are diagnosed as having Alzheimer's disease or related dementias shall require all nursing assistants, habilitation aides, or child care aides, who did not receive 12 hours of training in the care and treatment of such residents during the training required under paragraph (5) of subsection (a), to obtain 12 hours of in house training in the care and treatment of such residents. If the facility does not provide the training in house, the training shall be obtained from other facilities, community colleges or other educational institutions that have a recognized course for such training. The Department shall, by rule, establish a recognized course for such training.The Department's rules shall provide that such training may be conducted in house at each facility subject to the requirements of this subsection, in which case such training shall be monitored by the Department.
    The Department's rules shall also provide for circumstances and procedures whereby any person who has received training that meets the requirements of this subsection shall not be required to undergo additional training if he or she is transferred to or obtains employment at a different facility or a facility other than those licensed under this Act but remains continuously employed as a nursing assistant, habilitation aide, or child care aide. Individuals who have performed no nursing, nursing-related services, or habilitation services for a period of 24 consecutive months shall be listed as inactive and as such do not meet the requirements of this Section. Licensed sheltered care facilities shall be exempt from the requirements of this Section.

(Source: P.A. 99-180, eff. 7-29-15; 100-432, eff. 8-25-17.) (210 ILCS 46/3-206.01)Sec. 3-206.01. Health Care Worker Registry.(a) A facility shall not employ an individual as a nursing assistant, habilitation aide, home health aide, or child care aide, or newly hired as an individual who may have access to a resident, a resident's living quarters, or a resident's personal, financial, or medical records, unless the facility has checked the Department's Health Care Worker Registry and the individual is listed on the Health Care Worker Registry as eligible to work for a health care employer. The facility shall not employ an individual as a nursing assistant, habilitation aide, or child care aide if that individual is not on the Health Care Worker Registry unless the individual is enrolled in a training program under paragraph (5) of subsection (a) of Section 3-206 of this Act.(b) (Blank).


(Source: P.A. 99-180, eff. 7-29-15; 100-432, eff. 8-25-17.) (210 ILCS 46/3-206.02)Sec. 3-206.02. (Repealed).
	 
	 (Source: P.A. 99-180, eff. 7-29-15. Repealed by P.A. 100-432, eff. 8-25-17.) (210 ILCS 46/3-206.03)Sec. 3-206.03. Resident attendants.(a) As used in this Section, "resident attendant" means an individual who assists residents in a facility with the following activities:(1) eating and drinking; and(2) personal hygiene limited to washing a resident's         hands and face, brushing and combing a resident's hair, oral hygiene, shaving residents with an electric razor, and applying makeup.The term "resident attendant" does not include an individual who:(1) is a licensed health professional or a         registered dietitian;(2) volunteers without monetary compensation;(3) is a nurse assistant; or(4) performs any nursing or nursing related services         for residents of a facility.(b) A facility may employ resident attendants to assist the nurse aides with the activities authorized under subsection (a). The resident attendants shall not count in the minimum staffing requirements under rules implementing this Act.(c) A facility may not use on a full time or other paid basis any individual as a resident attendant in the facility unless the individual:(1) has completed a training and competency         evaluation program encompassing the tasks the individual provides; and(2) is competent to provide feeding, hydration, and         personal hygiene services.(d) The training and competency evaluation program may be facility based. It may include one or more of the following units:(1) A feeding unit that is a maximum of 5 hours in         length.(2) A hydration unit that is a maximum of 3 hours in         length.(3) A personal hygiene unit that is a maximum of 5         hours in length.      These programs must be reviewed and approved by the Department every 2 years.(e) (Blank).(f) A person seeking employment as a resident attendant is subject to the Health Care Worker Background Check Act.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-206.04)Sec. 3-206.04. Transfer of ownership following suspension or revocation; discussion with new owner. Whenever ownership of a private facility is transferred to another private owner following a final order for a suspension or revocation of the facility's license, the Department shall discuss with the new owner all noted problems associated with the facility and shall determine what additional training, if any, is needed for the direct care staff. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-206.005)Sec. 3-206.005. Certification status for certified nursing assistants.  A certified nursing assistant shall lose his or her certification status if he or she goes 24 consecutive months without performing nursing or nursing-related services for pay.  In this Section, "nursing or nursing-related services for pay" includes work performed as a direct support professional as it is defined in the Community Services Act.
(Source: P.A. 100-754, eff. 8-10-18.) (210 ILCS 46/3-206.05)Sec. 3-206.05. Registry checks for employees.(a)     Within 60 days after the effective date of this Act, the Department shall require all facilities to conduct required registry checks on employees at the time of hire and annually thereafter during employment.  The required registries to be checked are the Health Care Worker Registry, the Department of Children and Family Services' State Central Register, and the Illinois Sex Offender Registry.  A person may not be employed if he or she is found to have disqualifying convictions or substantiated cases of abuse or neglect.  At the time of the annual registry checks, if a current employee's name has been placed on a registry with disqualifying convictions or disqualifying substantiated cases of abuse or neglect, then the employee must be terminated.  Disqualifying convictions or disqualifying substantiated cases of abuse or neglect are defined for the Department of Children and Family Services Central Register by the Department of Children and Family Services' standards for background checks in Part 385 of Title 89 of the Illinois Administrative Code.  Disqualifying convictions or disqualifying substantiated cases of abuse or neglect are defined for the Health Care Worker Registry by the Health Care Worker Background Check Act and within this Act. A facility's failure to conduct the required registry checks will constitute a Type "B" violation.(b)    In collaboration with the Department of Children and Family Services and the Department of Human Services, the Department shall establish a waiver process from the prohibition of employment or termination of employment requirements in subsection (a) of this Section for any applicant or employee listed under the Department of Children and Family Services' State Central Register seeking to be hired or maintain his or her employment with a facility under this Act.  The waiver process for applicants and employees outlined under Section 40 of the Health Care Worker Background Check Act shall remain in effect for individuals listed on the Health Care Worker Registry.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-207)Sec. 3-207. Statement of ownership.(a) As a condition of the issuance or renewal of the license of any facility, the applicant shall file a statement of ownership. The applicant shall update the information required in the statement of ownership within 10 days of any change.(b) The statement of ownership shall include the following:(1) The name, address, telephone number, occupation     or business activity, business address and business telephone number of the person who is the owner of the facility and every person who owns the building in which the facility is located, if other than the owner of the facility, which is the subject of the application or license; and if the owner is a partnership or corporation, the name of every partner and stockholder of the owner;(2) The name and address of any facility, wherever     located, any financial interest in which is owned by the applicant, if the facility were required to be licensed if it were located in this State; and(3) Other information necessary to determine the     identity and qualifications of an applicant or licensee to operate a facility in accordance with this Act as required by the Department in regulations.(c) The information in the statement of ownership shall be public information and shall be available from the Department.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-208)Sec. 3-208. Annual financial statement.(a) Each licensee shall file annually, or more often as the Director shall by rule prescribe an attested financial statement. The Director may order an audited financial statement of a particular facility by an auditor of the Director's choice, provided the cost of such audit is paid by the Department.(b) No public funds shall be expended for the maintenance of any resident in a facility which has failed to file the financial statement required under this Section and no public funds shall be paid to or on behalf of a facility which has failed to file a statement.(c) The Director of Public Health and the Director of Healthcare and Family Services shall promulgate under Sections 3-801 and 3-802, one set of regulations for the filing of these financial statements, and shall provide in these regulations for forms, required information, intervals and dates of filing and such other provisions as they may deem necessary.(d) The Director of Public Health and the Director of Healthcare and Family Services shall seek the advice and comments of other State and federal agencies which require the submission of financial data from facilities licensed under this Act and shall incorporate the information requirements of these agencies so as to impose the least possible burden on licensees. No other State agency may require submission of financial data except as expressly authorized by law or as necessary to meet requirements of federal statutes or regulations. Information obtained under this Section shall be made available, upon request, by the Department to any other State agency or legislative commission to which such information is necessary for investigations or required for the purposes of State or federal law or regulation.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-209)Sec. 3-209. Posting of information. Every facility shall conspicuously post for display in an area of its offices accessible to residents, employees, and visitors the following:(1) Its current license;(2) A description, provided by the Department, of     complaint procedures established under this Act and the name, address, and telephone number of a person authorized by the Department to receive complaints;(3) A copy of any order pertaining to the facility     issued by the Department or a court; and(4) A list of the material available for public     inspection under Section 3-210. 
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-210)Sec. 3-210. Materials for public inspection. A facility shall retain the following for public inspection:(1) A complete copy of every inspection report of the     facility received from the Department during the past 5 years;(2) A copy of every order pertaining to the facility     issued by the Department or a court during the past 5 years;(3) A description of the services provided by the     facility and the rates charged for those services and items for which a resident may be separately charged;(4) A copy of the statement of ownership required by     Section 3-207;(5) A record of personnel employed or retained by the     facility who are licensed, certified or registered by the Department of Financial and Professional Regulation (as successor to the Department of Professional Regulation);(6) A complete copy of the most recent inspection     report of the facility received from the Department; and(7) A copy of the current Consumer Choice Information     Report required by Section 2-214. 
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-211)Sec. 3-211. No State or federal funds to unlicensed facility. No State or federal funds which are appropriated by the General Assembly or which pass through the General Revenue Fund or any special fund in the State Treasury shall be paid to a facility not having a license issued under this Act. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-212)Sec. 3-212. Inspection of facility by Department; report.(a) The Department, whenever it deems necessary in accordance with subsection (b), shall inspect, survey and evaluate every facility to determine compliance with applicable licensure requirements and standards. Submission of
a facility's current Consumer Choice Information Report
required by Section 2-214 shall be verified at the time of inspection.
An inspection should occur within 120 days prior to license renewal. The Department may periodically visit a facility for the purpose of consultation. An inspection, survey, or evaluation, other than an inspection of financial records, shall be conducted without prior notice to the facility. A visit for the sole purpose of consultation may be announced. The Department shall provide training to surveyors about the appropriate assessment, care planning, and care of persons with mental illness (other than Alzheimer's disease or related disorders) to enable its surveyors to determine whether a facility is complying with State and federal requirements about the assessment, care planning, and care of those persons.(a-1) An employee of a State or unit of local government agency charged with inspecting, surveying, and evaluating facilities who directly or indirectly gives prior notice of an inspection, survey, or evaluation, other than an inspection of financial records, to a facility or to an employee of a facility is guilty of a Class A misdemeanor.
    An inspector or an employee of the Department who intentionally prenotifies a facility, orally or in writing, of a pending complaint investigation or inspection shall be guilty of a Class A misdemeanor. Superiors of persons who have prenotified a facility shall be subject to the same penalties, if they have knowingly allowed the prenotification. A person found guilty of prenotifying a facility shall be subject to disciplinary action by his or her employer.
    If the Department has a good faith belief, based upon information that comes to its attention, that a violation of this subsection has occurred, it must file a complaint with the Attorney General or the State's Attorney in the county where the violation took place within 30 days after discovery of the information.(a-2) An employee of a State or unit of local government agency charged with inspecting, surveying, or evaluating facilities who willfully profits from violating the confidentiality of the inspection, survey, or evaluation process shall be guilty of a Class 4 felony and that conduct shall be deemed unprofessional conduct that may subject a person to loss of his or her professional license. An action to prosecute a person for violating this subsection (a-2) may be brought by either the Attorney General or the State's Attorney in the county where the violation took place.(b) In determining whether to make more than the required number of unannounced inspections, surveys and evaluations of a facility the Department shall consider one or more of the following: previous inspection reports; the facility's history of compliance with standards, rules and regulations promulgated under this Act and correction of violations, penalties or other enforcement actions; the number and severity of complaints received about the facility; any allegations of resident abuse or neglect; weather conditions; health emergencies; other reasonable belief that deficiencies exist.(b-1) The Department shall not be required to determine whether a facility certified to participate in the Medicare program under Title XVIII of the Social Security Act, or the Medicaid program under Title XIX of the Social Security Act, and which the Department determines by inspection under this Section or under Section 3-702 of this Act to be in compliance with the certification requirements of Title XVIII or XIX, is in compliance with any requirement of this Act that is less stringent than or duplicates a federal certification requirement. In accordance with subsection (a) of this Section or subsection (d) of Section 3-702, the Department shall determine whether a certified facility is in compliance with requirements of this Act that exceed federal certification requirements. If a certified facility is found to be out of compliance with federal certification requirements, the results of an inspection conducted pursuant to Title XVIII or XIX of the Social Security Act may be used as the basis for enforcement remedies authorized and commenced, with the Department's discretion to evaluate whether penalties are warranted, under this Act. Enforcement of this Act against a certified facility shall be commenced pursuant to the requirements of this Act, unless enforcement remedies sought pursuant to Title XVIII or XIX of the Social Security Act exceed those authorized by this Act. As used in this subsection, "enforcement remedy" means a sanction for violating a federal certification requirement or this Act.(c) Upon completion of each inspection, survey and evaluation, the appropriate Department personnel who conducted the inspection, survey or evaluation shall submit a copy of their report to the licensee upon exiting the facility, and shall submit the actual report to the appropriate regional office of the Department. Such report and any recommendations for action by the Department under this Act shall be transmitted to the appropriate offices of the associate director of the Department, together with related comments or documentation provided by the licensee which may refute findings in the report, which explain extenuating circumstances that the facility could not reasonably have prevented, or which indicate methods and timetables for correction of deficiencies described in the report. Without affecting the application of subsection (a) of Section 3-303, any documentation or comments of the licensee shall be provided within 10 days of receipt of the copy of the report. Such report shall recommend to the Director appropriate action under this Act with respect to findings against a facility. The Director shall then determine whether the report's findings constitute a violation or violations of which the facility must be given notice. Such determination shall be based upon the severity of the finding, the danger posed to resident health and safety, the comments and documentation provided by the facility, the diligence and efforts to correct deficiencies, correction of the reported deficiencies, the frequency and duration of similar findings in previous reports and the facility's general inspection history. The Department shall determine violations under this subsection no later than 90 days after completion of each inspection, survey and evaluation.(d) The Department shall maintain all inspection, survey and evaluation reports for at least 5 years in a manner accessible to and understandable by the public.(e) The Department shall conduct a revisit to its licensure and certification surveys, consistent with federal regulations and guidelines. 
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-213)Sec. 3-213. Periodic reports to Department. The Department shall require periodic reports and shall have access to and may reproduce or photocopy at its cost any books, records, and other documents maintained by the facility to the extent necessary to carry out this Act and the rules promulgated under this Act. The Department shall not divulge or disclose the contents of a record under this Section in violation of Section 2-206 or as otherwise prohibited by this Act. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-214)Sec. 3-214. Consent to Department inspection. Any holder of a license or applicant for a license shall be deemed to have given consent to any authorized officer, employee or agent of the Department to enter and inspect the facility in accordance with this Article. Refusal to permit such entry or inspection shall constitute grounds for denial, nonrenewal or revocation of a license as provided in Section 3-117 or 3-119 of this Act. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-215)Sec. 3-215. Annual report on facility by Department. The Department shall make at least one report on each facility in the State annually, unless the facility has been issued a 2-year license under subsection (b) of Section 3-110 for which the report shall be made every 2 years. All conditions and practices not in compliance with applicable standards within the report period shall be specifically stated. If a violation is corrected or is subject to an approved plan of correction, the same shall be specified in the report. The Department shall send a copy to any person on receiving a written request. The Department may charge a reasonable fee to cover copying costs. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-216)Sec. 3-216. Fire inspections; authority.(a) (Blank).(b) For facilities licensed under this Act, the Office of the State Fire Marshal shall provide the necessary fire inspection to comply with licensing requirements. The Office of the State Fire Marshal may enter into an agreement with another State agency to conduct this inspection if qualified personnel are employed by that agency. Code enforcement inspection of the facility by the local authority shall only occur if the local authority  having jurisdiction enforces code requirements that are more stringent than those enforced by the State Fire Marshal. Nothing in this Section shall prohibit a local fire authority from conducting fire incident planning activities.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/Art. III Pt. 3 heading) 
	 
  
PART 3.  VIOLATIONS AND PENALTIES

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-301)Sec. 3-301. Notice of violation of Act or rules. If after receiving the report specified in subsection (c) of Section 3-212 the Director or his or her designee determines that a facility is in violation of this Act or of any rule promulgated thereunder, the Director or his or her designee shall serve a notice of violation upon the licensee within 10 days thereafter. Each notice of violation shall be prepared in writing and shall specify the nature of the violation, and the statutory provision or rule alleged to have been violated. The notice shall inform the licensee of any action the Department may take under the Act, including the requirement of a facility plan of correction under Section 3-303; placement of the facility on a list prepared under Section 3-304; assessment of a penalty under Section 3-305; a conditional license under Sections 3-311 through 3-317; or license suspension or revocation under Section 3-119. The Director or his or her designee shall also inform the licensee of rights to a hearing under Section 3-703. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-301.1)Sec. 3-301.1. Administration of medication by direct care staff at day programs. For the purposes of this Act, violations cited against a facility as a result of actions involving administration of medication by direct care staff of  day programs certified to serve persons with developmental disabilities by the Department of Human Services under Section 15.4 of the Mental Health and Developmental Disabilities Administrative Act will not result in:(1) the facility being issued a "Type AA" violation     as defined in Section 1-128.5 of this Act;(2) the facility being issued a "Type A" violation as     defined in Section 1-129 of this Act;(3) the facility being issued a "Type B" violation as     defined in Section 1-130 of this Act;(4) denial of the facility's license under Section     3-117 of this Act;(5) the facility being placed on the Department's     quarterly list of facilities which the Department has taken action against prepared under Section 3-304 of this Act;(6) the facility being assessed a penalty or fine     under Section 3-305 of this Act;(7) the facility being issued a conditional license     under Section 3-311 of this Act; or(8) the Department's suspension or revocation of a     facility's license or refusal to renew a facility's license under Section 3-119 of this Act.The Department shall notify the Division of Developmental Disabilities of the Department of Human Services when it becomes aware of a  medication error at a day program or that a resident is injured or is subject to alleged abuse or neglect at a day program.
(Source: P.A. 100-50, eff. 1-1-18.) (210 ILCS 46/3-302)Sec. 3-302. Each day a separate violation. Each day the violation exists after the date upon which a notice of violation is served under Section 3-301 shall constitute a separate violation for purposes of assessing penalties or fines under Section 3-305. The submission of a plan of correction pursuant to subsection (b) of Section 3-303 does not prohibit or preclude the Department from assessing penalties or fines pursuant to Section 3-305 for those violations found to be valid except as provided under Section 3-308 in relation to Type "B" violations. No penalty or fine may be assessed for a condition for which the facility has received a variance or waiver of a standard.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-303)Sec. 3-303. Correction of violations; hearing.(a) The situation, condition or practice constituting a Type "AA" violation or a Type "A" violation shall be abated or eliminated immediately unless a fixed period of time, not exceeding 15 days, as determined by the Department and specified in the notice of violation, is required for correction.(b) At the time of issuance of a notice of a Type "B" violation, the Department shall request a plan of correction which is subject to the Department's approval. The facility shall have 10 days after receipt of notice of violation in which to prepare and submit a plan of correction. The Department may extend this period up to 30 days where correction involves substantial capital improvement. The plan shall include a fixed time period not in excess of 90 days within which violations are to be corrected. If the Department rejects a plan of correction, it shall send notice of the rejection and the reason for the rejection to the facility. The facility shall have 10 days after receipt of the notice of rejection in which to submit a modified plan. If the modified plan is not timely submitted, or if the modified plan is rejected, the facility shall follow an approved plan of correction imposed by the Department.(c) If the violation has been corrected prior to submission and approval of a plan of correction, the facility may submit a report of correction in place of a plan of correction. Such report shall be signed by the administrator under oath.(d) Upon a licensee's petition, the Department shall determine whether to grant a licensee's request for an extended correction time. Such petition shall be served on the Department prior to expiration of the correction time originally approved. The burden of proof is on the petitioning facility to show good cause for not being able to comply with the original correction time approved.(e) If a facility desires to contest any Department action under this Section it shall send a written request for a hearing under Section 3-703 to the Department within 10 days of receipt of notice of the contested action. The Department shall commence the hearing as provided under Section 3-703. Whenever possible, all action of the Department under this Section arising out of a violation shall be contested and determined at a single hearing. Issues decided after a hearing may not be reheard at subsequent hearings under this Section.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-303.1)Sec. 3-303.1. Waiver of facility's compliance with rule or standard. Upon application by a facility, the Director may grant or renew the waiver of the facility's compliance with a rule or standard for a period not to exceed the duration of the current license or, in the case of an application for license renewal, the duration of the renewal period. The waiver may be conditioned upon the facility taking action prescribed by the Director as a measure equivalent to compliance. In determining whether to grant or renew a waiver, the Director shall consider the duration and basis for any current waiver with respect to the same rule or standard and the validity and effect upon patient health and safety of extending it on the same basis, the effect upon the health and safety of residents, the quality of resident care, the facility's history of compliance with the rules and standards of this Act and the facility's attempts to comply with the particular rule or standard in question. The Department may provide, by rule, for the automatic renewal of waivers concerning physical plant requirements upon the renewal of a license. The Department shall renew waivers relating to physical plant standards issued pursuant to this Section at the time of the indicated reviews, unless it can show why such waivers should not be extended for the following reasons:(a) the condition of the physical plant has deteriorated or its use substantially changed so that the basis upon which the waiver was issued is materially different; or(b) the facility is renovated or substantially remodeled in such a way as to permit compliance with the applicable rules and standards without substantial increase in cost.
    A copy of each waiver application and each waiver granted or renewed shall be on file with the Department and available for public inspection. The Director shall annually review such file and recommend to the DD Facility Advisory Board established under Section 2-204 of the ID/DD Community Care Act any modification in rules or standards suggested by the number and nature of waivers requested and granted and the difficulties faced in compliance by similarly situated facilities.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-303.2)Sec. 3-303.2. Administrative warning.(a) If the Department finds a situation, condition or practice which violates this Act or any rule promulgated thereunder which does not constitute a Type "AA", Type "A", Type "B", or Type "C" violation, the Department shall issue an administrative warning. Any administrative warning shall be served upon the facility in the same manner as the notice of violation under Section 3-301. The facility shall be responsible for correcting the situation, condition or practice; however, no written plan of correction need be submitted for an administrative warning, except for violations of Sections 3-401 through 3-413 or the rules promulgated thereunder. A written plan of correction is required to be filed for an administrative warning issued for violations of Sections 3-401 through 3-413 or the rules promulgated thereunder.(b) If, however, the situation, condition or practice which resulted in the issuance of an administrative warning, with the exception of administrative warnings issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, is not corrected by the next on site inspection by the Department which occurs no earlier than 90 days from the issuance of the administrative warning, a written plan of correction must be submitted in the same manner as provided in subsection (b) of Section 3-303.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-304)Sec. 3-304. Quarterly list of facilities against which Department has taken action.(a) The Department shall prepare on a quarterly basis a list containing the names and addresses of all facilities against which the Department during the previous quarter has:(1) sent a notice under Section 3-307 regarding a         penalty assessment under subsection (1) of Section 3-305;(2) sent a notice of license revocation under Section         3-119;(3) sent a notice refusing renewal of a license under         Section 3-119;(4) sent a notice to suspend a license under Section         3-119;(5) issued a conditional license for violations that         have not been corrected under Section 3-303 or penalties or fines described under Section 3-305 have been assessed under Section 3-307 or 3-308;(6) placed a monitor under subsections (a), (b) and         (c) of Section 3-501 and under subsection (d) of such Section where license revocation or nonrenewal notices have also been issued;(7) initiated an action to appoint a receiver;(8) recommended to the Director of Healthcare and     Family Services, or the Secretary of the United States Department of Health and Human Services, the decertification for violations in relation to patient care of a facility pursuant to Titles XVIII and XIX of the federal Social Security Act.(b) In addition to the name and address of the facility,
    the list shall include the name and address of the person or licensee against whom the action has been initiated, a self explanatory summary of the facts which warranted the initiation of each action, the type of action initiated, the date of the initiation of the action, the amount of the penalty sought to be assessed, if any, and the final disposition of the action, if completed.(c) The list shall be available to any member of the public upon oral or written request without charge.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-304.1)Sec. 3-304.1. Public computer access to information.(a) The Department must make information regarding nursing homes in the State available to the public in electronic form on the World Wide Web, including all of the following information:(1) who regulates facilities licensed under this Act;(2) information in the possession of the Department         that is listed in Sections 3-210 and 3-304;(3) deficiencies and plans of correction;(4) enforcement remedies;(5) penalty letters;(6) designation of penalty monies;(7) the U.S. Department of Health and Human         Services' Health Care Financing Administration special projects or federally required inspections;(8) advisory standards;(9) deficiency free surveys;(10) enforcement actions and enforcement summaries;     and(11) distressed facilities.(b) No fee or other charge may be imposed by the Department as a condition of accessing the information.(c) The electronic public access provided through the World Wide Web shall be in addition to any other electronic or print distribution of the information.(d) The information shall be made available as provided in this Section in the shortest practicable time after it is publicly available in any other form.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-304.2)Sec. 3-304.2. Designation of distressed facilities.(a) The Department shall, by rule, adopt criteria to identify facilities that are distressed and shall publish this list quarterly.  No facility shall be identified as a distressed facility unless it has committed violations or deficiencies that have actually harmed residents.(b) The Department shall notify each facility and licensee of its
distressed designation and of the calculation on which it is
based.(c) A distressed facility may contract with an independent
consultant meeting criteria established by the Department. If
the distressed facility does not seek the assistance of an
independent consultant, then the Department shall place a monitor or
a temporary manager in the facility, depending on the
Department's assessment of the condition of the facility.(d) A facility that has been
designated a distressed facility may contract with an
independent consultant to develop and assist in the
implementation of a plan of improvement to bring and keep the
facility in compliance with this Act and, if applicable, with
federal certification requirements. A facility that contracts
with an independent consultant shall have 90 days to develop a
plan of improvement and demonstrate a good faith effort at
implementation, and another 90 days to achieve compliance and
take whatever additional actions are called for in the
improvement plan to maintain compliance in this subsection (d). "Independent"
consultant means an individual who has no professional or
financial relationship with the facility, any person with a
reportable ownership interest in the facility, or any related
parties. In this subsection (d), "related parties" has the meaning
attributed to it in the instructions for completing Medicaid
cost reports.(e) A distressed facility
that does not contract with a consultant shall be assigned a
monitor or a temporary manager at the Department's discretion.
The cost of the temporary manager shall be paid by the Department. The authority afforded the temporary manager shall be determined through rulemaking.If a distressed facility that contracts with an
 independent consultant but does not, in a timely manner,
develop an adequate plan of improvement  or comply with
 the plan of improvement, then the Department may place a monitor in the facility.Nothing in this Section shall limit the authority
of the Department to place a monitor in a distressed facility if otherwise justified
by law.(f) The Department shall by rule establish a mentor program for owners of distressed facilities.  That a mentor program does not exist, or that a mentor is not available to
assist a distressed facility, shall not delay or prevent the imposition of any penalties on
a distressed facility, authorized by this Act.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-305)Sec. 3-305. Penalties or fines. The license of a facility which is in violation of this Act or any rule adopted thereunder may be subject to the penalties or fines levied by the Department as specified in this Section.(1) A licensee who commits a Type "AA" violation as     defined in Section 1-128.5 is automatically issued a conditional license for a period of 6 months to coincide with an acceptable plan of correction and assessed a fine of up to $25,000 per violation. For a facility licensed to provide care to fewer than 100 residents, but no less than 17 residents, the fine shall be up to $18,500 per violation.  For a facility licensed to provide care to fewer than 17 residents, the fine shall be up to $12,500 per violation.(1.5) A licensee who commits a Type "A" violation as     defined in Section 1-129 is automatically issued a conditional license for a period of 6 months to coincide with an acceptable plan of correction and assessed a fine of up to $12,500 per violation. For a facility licensed to provide care to fewer than 100 residents, but no less than 17 residents, the fine shall be up to $10,000 per violation. For a facility licensed to provide care to fewer than 17 residents, the fine shall be up to $6,250 per violation.(2) A licensee who commits a Type "B" violation as     defined in Section 1-130 shall be assessed a fine of up to $1,100 per violation. For a facility licensed to provide care to fewer than 100 residents, but no less than 17 residents, the fine shall be up to $750 per violation. For a facility licensed to provide care to fewer than 17 residents, the fine shall be up to $550 per violation.(2.5) A licensee who commits 8 or more Type "C"     violations as defined in Section 1-132 in a single survey shall be assessed a fine of up to $250 per violation.  A facility licensed to provide care to fewer than 100 residents, but no less than 17 residents, that commits 8 or  more Type "C" violations in a single survey, shall be assessed a  fine of up to $200 per violation. A facility licensed to provide care to fewer than 17 residents, that commits 8 or more Type "C" violations in a single survey, shall be assessed a  fine of up to $175 per violation.(3) A licensee who commits a Type "AA" or Type "A"     violation as defined in Section 1-128.5 or 1-129 which continues beyond the time specified in paragraph (a) of Section 3-303 which is cited as a repeat violation shall have its license revoked and shall be assessed a fine of 3 times the fine computed under subsection (1).(4) A licensee who fails to satisfactorily comply     with an accepted plan of correction for a Type "B" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder shall be automatically issued a conditional license for a period of not less than 6 months. A second or subsequent acceptable plan of correction shall be filed. A fine shall be assessed in accordance with subsection (2) when cited for the repeat violation. This fine shall be computed for all days of the violation, including the duration of the first plan of correction compliance time.(5) (Blank).(6) When the Department finds that a provision of     Article II has been violated with regard to a particular resident, the Department shall issue an order requiring the facility to reimburse the resident for injuries incurred, or $100, whichever is greater. In the case of a violation involving any action other than theft of money belonging to a resident, reimbursement shall be ordered only if a provision of Article II has been violated with regard to that or any other resident of the facility within the 2 years immediately preceding the violation in question.(7) For purposes of assessing fines under this     Section, a repeat violation shall be a violation which has been cited during one inspection of the facility for which an accepted plan of correction was not complied with or a new citation of the same rule if the licensee is not substantially addressing the issue routinely throughout the facility.(8) If an occurrence results in more than one type of     violation as defined in this Act (that is, a Type "AA", Type "A", Type "B", or Type "C" violation), then the maximum fine that may be assessed for that occurrence is the maximum fine that may be assessed for the most serious type of violation charged. For purposes of the preceding sentence, a Type "AA" violation is the most serious type of violation that may be charged, followed by a Type "A", Type "B", or Type "C" violation, in that order.(9) If any facility willfully makes a misstatement of     fact to the Department or willfully fails to make a required notification to the Department and that misstatement or failure delays the start of a survey or impedes a survey, then it will constitute a Type "B" violation.  The minimum and maximum fines that may be assessed pursuant to this subsection (9) shall be 3 times those otherwise specified for any facility.(10) If the Department finds that a facility has     violated a provision of the Illinois Administrative Code that has a high-risk designation or that a facility has violated the same provision of the Illinois Administrative Code 3 or more times in the previous 12 months, then the Department may assess a fine of up to 2 times the maximum fine otherwise allowed. (Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-306)Sec. 3-306. Factors to be considered in determining penalty. In determining whether a penalty is to be imposed and in determining the amount of the penalty to be imposed, if any, for a violation, the Director shall consider the following factors:(1) The gravity of the violation, including the     probability that death or serious physical or mental harm to a resident will result or has resulted; the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or regulations were violated;(2) The reasonable diligence exercised by the     licensee and efforts to correct violations;(3) Any previous violations committed by the     licensee; and(4) The financial benefit to the facility of     committing or continuing the violation. 
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-307)Sec. 3-307. Assessment of penalties; notice. The Director may directly assess penalties provided for under Section 3-305 of this Act. If the Director determines that a penalty should be assessed for a particular violation or for failure to correct it, the Director  shall send a notice to the facility. The notice shall specify the amount of the penalty assessed, the violation, the statute or rule alleged to have been violated, and shall inform the licensee of the right to hearing under Section 3-703 of this Act. If the violation is continuing, the notice shall specify the amount of additional assessment per day for the continuing violation. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-308)Sec. 3-308. Time of assessment; plan of correction. In the case of a Type "AA" or Type "A" violation, a penalty may be assessed from the date on which the violation is discovered. In the case of a Type "B" or Type "C" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, the facility shall submit a plan of correction as provided in Section 3-303.
    In the case of a Type "B" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, a penalty shall be assessed on the date of notice of the violation, but the Director may reduce the amount or waive such payment for any of the following reasons:(a) The facility submits a true report of correction
    within 10 days;(b) The facility submits a plan of correction within
    10 days and subsequently submits a true report of correction within 15 days thereafter;(c) The facility submits a plan of correction within
    10 days which provides for a correction time that is less than or equal to 30 days and the Department approves such plan; or(d) The facility submits a plan of correction for
    violations involving substantial capital improvements which provides for correction within the initial 90 day limit provided under Section 3-303.

    The Director shall consider the following factors in determinations to reduce or waive such penalties:(1) The violation has not caused actual harm to a         resident;(2) The facility has made a diligent effort to         correct the violation and to prevent its recurrence;(3) The facility has no record of a pervasive         pattern of the same or similar violations; and(4) The facility has a record of substantial         compliance with this Act and the regulations promulgated hereunder.If a plan of correction is approved and carried out for a Type "C" violation, the fine provided under Section 3-305 shall be suspended for the time period specified in the approved plan of correction. If a plan of correction is approved and carried out for a Type "B" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, with respect to a violation that continues after the date of notice of violation, the fine provided under Section 3-305 shall be suspended for the time period specified in the approved plan of correction.If a good faith plan of correction is not received within the time provided by Section 3-303, a penalty may be assessed from the date of the notice of the Type "B" or "C" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder served under Section 3-301 until the date of the receipt of a good faith plan of correction, or until the date the violation is corrected, whichever is earlier. If a violation is not corrected within the time specified by an approved plan of correction or any lawful extension thereof, a penalty may be assessed from the date of notice of the violation, until the date the violation is corrected.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-309)Sec. 3-309. Contesting assessment of penalty. A facility may contest an assessment of a penalty by sending a written request to the Department for hearing under Section 3-703. Upon receipt of the request the Department shall hold a hearing as provided under Section 3-703. Instead of requesting a hearing pursuant to Section 3-703, a facility may, within 10 business days after receipt of the notice of violation and fine assessment, transmit to the Department 65% of the amount assessed for each violation specified in the penalty assessment. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-310)Sec. 3-310. Collection of penalties.    All penalties shall be paid to the Department within 10 days of receipt of notice of assessment or, if the penalty is contested under Section 3-309, within 10 days of receipt of the final decision, unless the decision is appealed and the order is stayed by court order under Section 3-713. A facility choosing to waive the right to a hearing under Section 3-309 shall submit a payment totaling 65% of the original fine amount along with the written waiver. A penalty assessed under this Act shall be collected by the Department and shall be deposited with the State Treasurer into the Long Term Care Monitor/Receiver Fund. If the person or facility against whom a penalty has been assessed does not comply with a written demand for payment within 30 days, the Director shall issue an order to do any of the following:(1) Direct the State Treasurer or Comptroller to     deduct the amount     of the fine from amounts otherwise due from the State for the penalty, including any payments to be made from the Care Provider Fund for Persons with a Developmental Disability established under Section 5C-7 of the Illinois Public Aid Code, and remit that amount to the Department;(2) Add the amount of the penalty to the facility's         licensing fee; if the licensee refuses to make the payment at the time of application for renewal of its license, the license shall not be renewed; or(3) Bring an action in circuit court to recover the         amount of the penalty.
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-311)Sec. 3-311. Issuance of conditional license in addition to penalties. In addition to the right to assess penalties under this Act, the Director may issue a conditional license under Section 3-305 to any facility if the Director finds that either a Type "A" or Type "B" violation exists in such facility. The issuance of a conditional license shall revoke any license held by the facility. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-312)Sec. 3-312. Plan of correction required before issuance of conditional license. Prior to the issuance of a conditional license, the Department shall review and approve a written plan of correction. The Department shall specify the violations which prevent full licensure and shall establish a time schedule for correction of the deficiencies. Retention of the license shall be conditional on the timely correction of the deficiencies in accordance with the plan of correction.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-313)Sec. 3-313. Notice of issuance of conditional license. Written notice of the decision to issue a conditional license shall be sent to the applicant or licensee together with the specification of all violations of this Act and the rules promulgated thereunder which prevent full licensure and which form the basis for the Department's decision to issue a conditional license and the required plan of correction. The notice shall inform the applicant or licensee of its right to a full hearing under Section 3-315 to contest the issuance of the conditional license. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-315)Sec. 3-315. Hearing on conditional license or plan of correction. If the applicant or licensee desires to contest the basis for issuance of a conditional license, or the terms of the plan of correction, the applicant or licensee shall send a written request for hearing to the Department within 10 days after receipt by the applicant or licensee of the Department's notice and decision to issue a conditional license. The Department shall hold the hearing as provided under Section 3-703.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-316)Sec. 3-316. Period of conditional license. A conditional license shall be issued for a period specified by the Department, but in no event for more than one year. The Department shall periodically inspect any facility operating under a conditional license. If the Department finds substantial failure by the facility to timely correct the violations which prevented full licensure and formed the basis for the Department's decision to issue a conditional license in accordance with the required plan of correction, the conditional license may be revoked as provided under Section 3-119.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-318)Sec. 3-318. Business offenses.(a) No person shall:(1) intentionally fail to correct or interfere with     the correction of a Type "AA", Type "A", or Type "B" violation within the time specified on the notice or approved plan of correction under this Act as the maximum period given for correction, unless an extension is granted and the corrections are made before expiration of extension;(2) intentionally prevent, interfere with, or attempt     to impede in any way any duly authorized investigation and enforcement of this Act;(3) intentionally prevent or attempt to prevent any     examination of any relevant books or records pertinent to investigations and enforcement of this Act;(4) intentionally prevent or interfere with the     preservation of evidence pertaining to any violation of this Act or the rules promulgated under this Act;(5) intentionally retaliate or discriminate against     any resident or employee for contacting or providing information to any state official, or for initiating, participating in, or testifying in an action for any remedy authorized under this Act;(6) willfully file any false, incomplete or     intentionally misleading information required to be filed under this Act, or willfully fail or refuse to file any required information;(7) open or operate a facility without a license;(8) intentionally retaliate or discriminate against     any resident for consenting to authorized electronic monitoring under the Authorized Electronic Monitoring in Long-Term Care Facilities Act; or(9) prevent the installation or use of an electronic     monitoring device by a resident who has provided the facility with notice and consent as required in Section 20 of the Authorized Electronic Monitoring in Long-Term Care Facilities Act.(b) A violation of this Section is a business offense, punishable by a fine not to exceed $10,000, except as otherwise provided in subsection (2) of Section 3-103 as to submission of false or misleading information in a license application.(c) The State's Attorney of the county in which the facility is located, or the Attorney General, shall be notified by the Director of any violations of this Section.


(Source: P.A. 99-180, eff. 7-29-15; 99-784, eff. 1-1-17; 100-201, eff. 8-18-17.) (210 ILCS 46/3-320)Sec. 3-320. Review under Administrative Review Law. All final administrative decisions of the Department under this Act are subject to judicial review under the Administrative Review Law, as now or hereafter amended, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/Art. III Pt. 4 heading) 
	 
  
PART 4.  DISCHARGE AND TRANSFER

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-401)Sec. 3-401. Involuntary transfer or discharge of resident.    A facility may involuntarily transfer or discharge a resident only for one or more of the following reasons:(a) for medical reasons;(b) for the resident's physical safety;(c) for the physical safety of other residents, the
    facility staff or facility visitors; or(d) for either late payment or nonpayment for the
    resident's stay, except as prohibited by Titles XVIII and XIX of the federal Social Security Act. For purposes of this Section, "late payment" means non-receipt of payment after submission of a bill. If payment is not received within 45 days after submission of a bill, a facility may send a notice to the resident and responsible party requesting payment within 30 days. If payment is not received within such 30 days, the facility may thereupon institute transfer or discharge proceedings by sending a notice of transfer or discharge to the resident and responsible party by registered or certified mail. The notice shall state, in addition to the requirements of Section 3-403 of this Act, that the responsible party has the right to pay the amount of the bill in full up to the date the transfer or discharge is to be made and then the resident shall have the right to remain in the facility. Such payment shall terminate the transfer or discharge proceedings. This subsection does not apply to those residents whose care is provided for under the Illinois Public Aid Code. The Department shall adopt rules setting forth the criteria and procedures to be applied in cases of involuntary transfer or discharge permitted under this Section.(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-401.1)Sec. 3-401.1. Medical assistance recipients.(a) A facility participating in the Medical Assistance Program is prohibited from failing or refusing to retain as a resident any person because he or she is a recipient of or an applicant for the Medical Assistance Program under Article V of the Illinois Public Aid Code.(a-5) A facility of which only a distinct part is certified to participate in the Medical Assistance Program may refuse to retain as a resident any person who resides in a part of the facility that does not participate in the Medical Assistance Program and who is unable to pay for his or her care in the facility without Medical Assistance only if:(1) the facility, no later than at the time of         admission and at the time of the resident's contract renewal, explains to the resident (unless he or she is incompetent), and to the resident's representative, and to the person making payment on behalf of the resident for the resident's stay, in writing, that the facility may discharge the resident if the resident is no longer able to pay for his or her care in the facility without Medical Assistance; and(2) the resident (unless he or she is incompetent),         the resident's representative, and the person making payment on behalf of the resident for the resident's stay, acknowledge in writing that they have received the written explanation.(a-10) For the purposes of this Section, a recipient or applicant shall be considered a resident in the facility during any hospital stay totaling 10 days or less following a hospital admission. The Department of Healthcare and Family Services shall recoup funds from a facility when, as a result of the facility's refusal to readmit a recipient after hospitalization for 10 days or less, the recipient incurs hospital bills in an amount greater than the amount that would have been paid by that Department for care of the recipient in the facility. The amount of the recoupment shall be the difference between the Department of Healthcare and Family Services' payment for hospital care and the amount that Department would have paid for care in the facility.(b) A facility which violates this Section shall be guilty of a business offense and fined not less than $500 nor more than $1,000 for the first offense and not less than $1,000 nor more than $5,000 for each subsequent offense.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-402)Sec. 3-402. Notice of involuntary transfer or discharge. Involuntary transfer or discharge of a resident from a facility shall be preceded by the discussion required under Section 3-408 and by a minimum written notice of 21 days, except in one of the following instances:(a) When an emergency transfer or discharge is ordered by the resident's attending physician because of the resident's health care needs.(b) When the transfer or discharge is mandated by the physical safety of other residents, the facility staff, or facility visitors, as documented in the clinical record. The Department shall be notified prior to any such involuntary transfer or discharge. The Department shall immediately offer transfer, or discharge and relocation assistance to residents transferred or discharged under this subparagraph (b), and the Department may place relocation teams as provided in Section 3-419 of this Act.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-403)Sec. 3-403. Contents of notice; right to hearing. The notice required by Section 3-402 shall be on a form prescribed by the Department and shall contain all of the following:(a) The stated reason for the proposed transfer or discharge;(b) The effective date of the proposed transfer or discharge;(c) A statement in not less than 12 point type, which reads: "You have a right to appeal the facility's decision to transfer or discharge you. If you think you should not have to leave this facility, you may file a request for a hearing with the Department of Public Health within 10 days after receiving this notice. If you request a hearing, it will be held not later than 10 days after your request, and you generally will not be transferred or discharged during that time. If the decision following the hearing is not in your favor, you generally will not be transferred or discharged prior to the expiration of 30 days following receipt of the original notice of the transfer or discharge. A form to appeal the facility's decision and to request a hearing is attached. If you have any questions, call the Department of Public Health at the telephone number listed below.";(d) A hearing request form, together with a postage paid, preaddressed envelope to the Department; and(e) The name, address, and telephone number of the person charged with the responsibility of supervising the transfer or discharge.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-404)Sec. 3-404. Request for hearing; effect on transfer. A request for a hearing made under Section 3-403 shall stay a transfer pending a hearing or appeal of the decision, unless a condition which would have allowed transfer or discharge in less than 21 days as described under paragraphs (a) and (b) of Section 3-402 develops in the interim. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-405)Sec. 3-405. Copy of notice in resident's record; copy to Department. A copy of the notice required by Section 3-402 shall be placed in the resident's clinical record and a copy shall be transmitted to the Department, the resident, and the resident's representative.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-406)Sec. 3-406. Medical assistance recipient; transfer or discharge as result of action by Department of Healthcare and Family Services. When the basis for an involuntary transfer or discharge is the result of an action by the Department of Healthcare and Family Services  with respect to a recipient of assistance under Title XIX of the Social Security Act and a hearing request is filed with the Department of Healthcare and Family Services, the 21-day written notice period shall not begin until a final decision in the matter is rendered by the Department of Healthcare and Family Services or a court of competent jurisdiction and notice of that final decision is received by the resident and the facility. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-407)Sec. 3-407. Nonpayment as basis for transfer or discharge. When nonpayment is the basis for involuntary transfer or discharge, the resident shall have the right to redeem up to the date that the discharge or transfer is to be made and then shall have the right to remain in the facility. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-408)Sec. 3-408. Discussion of planned transfer or discharge. The planned involuntary transfer or discharge shall be discussed with the resident, the resident's representative and person or agency responsible for the resident's placement, maintenance, and care in the facility. The explanation and discussion of the reasons for involuntary transfer or discharge shall include the facility administrator or other appropriate facility representative as the administrator's designee. The content of the discussion and explanation shall be summarized in writing and shall include the names of the individuals involved in the discussions and made a part of the resident's clinical record.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-409)Sec. 3-409. Counseling services. The facility shall offer the resident counseling services before the transfer or discharge of the resident.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-410)Sec. 3-410. Request for hearing on transfer or discharge. A resident subject to involuntary transfer or discharge from a facility, the resident's guardian or if the resident is a minor, his or her parent shall have the opportunity to file a request for a hearing with the Department within 10 days following receipt of the written notice of the involuntary transfer or discharge by the facility. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-411)Sec. 3-411. Hearing; time. The Department of Public Health, when the basis for involuntary transfer or discharge is other than action by the Department of Healthcare and Family Services with respect to the Title XIX Medicaid recipient, shall hold a hearing at the resident's facility not later than 10 days after a hearing request is filed, and render a decision within 14 days after the filing of the hearing request.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-412)Sec. 3-412. Conduct of hearing. The hearing before the Department provided under Section 3-411 shall be conducted as prescribed under Section 3-703. In determining whether a transfer or discharge is authorized, the burden of proof in this hearing rests on the person requesting the transfer or discharge.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-413)Sec. 3-413. Time for leaving facility. If the Department determines that a transfer or discharge is authorized under Section 3-401, the resident shall not be required to leave the facility before the 34th day following receipt of the notice required under Section 3-402, or the 10th day following receipt of the Department's decision, whichever is later, unless a condition which would have allowed transfer or discharge in less than 21 days as described under paragraphs (a) and (b) of Section 3-402 develops in the interim. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-414)Sec. 3-414. Continuation of medical assistance funding. The Department of Healthcare and Family Services shall continue Title XIX Medicaid funding during the appeal, transfer, or discharge period for those residents who are recipients of assistance under Title XIX of the Social Security Act affected by Section 3-401. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-415)Sec. 3-415. Transfer or discharge by Department; grounds. The Department may transfer or discharge any resident from any facility required to be licensed under this Act when any of the following conditions exist:(a) Such facility is operating without a license;(b) The Department has suspended, revoked or refused to renew the license of the facility as provided under Section 3-119;(c) The facility has requested the aid of the Department in the transfer or discharge of the resident and the Department finds that the resident consents to transfer or discharge;(d) The facility is closing or intends to close and adequate arrangement for relocation of the resident has not been made at least 30 days prior to closure; or(e) The Department determines that an emergency exists which requires immediate transfer or discharge of the resident.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-416)Sec. 3-416. Transfer or discharge by Department; likelihood of serious harm. In deciding to transfer or discharge a resident from a facility under Section 3-415, the Department shall consider the likelihood of serious harm which may result if the resident remains in the facility.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-417)Sec. 3-417. Relocation assistance. The Department shall offer transfer or discharge and relocation assistance to residents transferred or discharged under Sections 3-401 through 3-415, including information on available alternative placements. Residents shall be involved in planning the transfer or discharge and shall choose among the available alternative placements, except that where an emergency makes prior resident involvement impossible the Department may make a temporary placement until a final placement can be arranged. Residents may choose their final alternative placement and shall be given assistance in transferring to such place. No resident may be forced to remain in a temporary or permanent placement. Where the Department makes or participates in making the relocation decision, consideration shall be given to proximity to the resident's relatives and friends. The resident shall be allowed 3 visits to potential alternative placements prior to removal, except where medically contraindicated or where the need for immediate transfer or discharge requires reduction in the number of visits. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-418)Sec. 3-418. Transfer or discharge plans. The Department shall prepare resident transfer or discharge plans to assure safe and orderly removals and protect residents' health, safety, welfare and rights. In nonemergencies, and where possible in emergencies, the Department shall design and implement such plans in advance of transfer or discharge. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-419)Sec. 3-419. Relocation teams. The Department may place relocation teams in any facility from which residents are being discharged or transferred for any reason, for the purpose of implementing transfer or discharge plans.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-420)Sec. 3-420. Transfer or discharge by Department; notice. In any transfer or discharge conducted under Sections 3-415 through 3-418 the Department shall do the following:(a) Provide written notice to the facility prior to the transfer or discharge. The notice shall state the basis for the order of transfer or discharge and shall inform the facility of its right to an informal conference prior to transfer or discharge under this Section, and its right to a subsequent hearing under Section 3-422. If a facility desires to contest a nonemergency transfer or discharge, prior to transfer or discharge it shall, within 4 working days after receipt of the notice, send a written request for an informal conference to the Department. The Department shall, within 4 working days from the receipt of the request, hold an informal conference in the county in which the facility is located. Following this conference, the Department may affirm, modify or overrule its previous decision. Except in an emergency, transfer or discharge may not begin until the period for requesting a conference has passed or, if a conference is requested, until after a conference has been held.(b) Provide written notice to any resident to be removed, to the resident's representative, if any, and to a member of the resident's family, where practicable, prior to the removal. The notice shall state the reason for which transfer or discharge is ordered and shall inform the resident of the resident's right to challenge the transfer or discharge under Section 3-422. The Department shall hold an informal conference with the resident or the resident's representative prior to transfer or discharge at which the resident or the representative may present any objections to the proposed transfer or discharge plan or alternative placement.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-421)Sec. 3-421. Notice of emergency. In any transfer or discharge conducted under subsection (e) of Section 3-415, the Department shall notify the facility and any resident to be removed that an emergency has been found to exist and removal has been ordered, and shall involve the residents in removal planning if possible. Following emergency removal, the Department shall provide written notice to the facility, to the resident, to the resident's representative, if any, and to a member of the resident's family, where practicable, of the basis for the finding that an emergency existed and of the right to challenge removal under Section 3-422. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-422)Sec. 3-422. Hearing to challenge transfer or discharge. Within 10 days following transfer or discharge, the facility or any resident transferred or discharged may send a written request to the Department for a hearing under Section 3-703 to challenge the transfer or discharge. The Department shall hold the hearing within 30 days of receipt of the request. The hearing shall be held at the facility from which the resident is being transferred or discharged, unless the resident or resident's representative, requests an alternative hearing site. If the facility prevails, it may file a claim against the State under the Court of Claims Act for payments lost less expenses saved as a result of the transfer or discharge. No resident transferred or discharged may be held liable for the charge for care which would have been made had the resident remained in the facility. If a resident prevails, the resident may file a claim against the State under the Court of Claims Act for any excess expenses directly caused by the order to transfer or discharge. The Department shall assist the resident in returning to the facility if assistance is requested.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-423)Sec. 3-423. Closure of facility; notice. Any owner of a facility licensed under this Act shall give 90 days' notice prior to voluntarily closing a facility or closing any part of a facility, or prior to closing any part of a facility if closing such part will require the transfer or discharge of more than 10% of the residents. Such notice shall be given to the Department, to any resident who must be transferred or discharged, to the resident's representative, and to a member of the resident's family, where practicable. Notice shall state the proposed date of closing and the reason for closing. The facility shall offer to assist the resident in securing an alternative placement and shall advise the resident on available alternatives. Where the resident is unable to choose an alternate placement and is not under guardianship, the Department shall be notified of the need for relocation assistance. The facility shall comply with all applicable laws and regulations until the date of closing, including those related to transfer or discharge of residents. The Department may place a relocation team in the facility as provided under Section 3-419. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/Art. III Pt. 5 heading) 
	 
  
PART 5.  MONITORS AND RECEIVERSHIP

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-501)Sec. 3-501. Monitor or receiver for facility; grounds.     The Department may place an employee or agent to serve as a monitor in a facility or may petition the circuit court for appointment of a receiver for a facility, or both, when any of the following conditions exist:(a) The facility is operating without a license;(b) The Department has suspended, revoked or refused
    to renew the existing license of the facility;(c) The facility is closing or has informed the
    Department that it intends to close and adequate arrangements for relocation of residents have not been made at least 30 days prior to closure;(d) The Department determines that an emergency
    exists, whether or not it has initiated revocation or nonrenewal procedures, if because of the unwillingness or inability of the licensee to remedy the emergency the Department believes a monitor or receiver is necessary;(e) The Department is notified that the facility is
    terminated or will not be renewed for participation in the federal reimbursement program under either Title XVIII or Title XIX of the Social Security Act.

    As used in subsection (d) and Section 3-503, "emergency" means a threat to the health, safety or welfare of a resident that the facility is unwilling or unable to correct;(f) The facility has been designated a distressed facility by the Department and does not have a consultant employed pursuant to subsection (f) of Section 3-304.2 of this Act and an acceptable plan of improvement, or the Department has reason to believe the facility is not complying with the plan of improvement. Nothing in this paragraph (f) shall preclude the Department from placing a monitor in a facility if otherwise justified by law; or(g) At the discretion of the Department when a review of facility compliance history, incident reports, or reports of financial problems raises a concern that a threat to resident health, safety, or welfare exists. 
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-502)Sec. 3-502. Placement of monitor by Department. In any situation described in Section 3-501, the Department may place a qualified person to act as monitor in the facility. The monitor shall observe operation of the facility, assist the facility by advising it on how to comply with the State regulations, and shall report periodically to the Department on the operation of the facility. Once a monitor has been placed, the Department may retain the monitor until it is satisfied that the basis for the placement is resolved and the threat to the health, safety, or welfare of a resident is not likely to recur. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-503)Sec. 3-503. Emergency; petition for receiver. Where a resident, a resident's representative or a resident's next of kin believes that an emergency exists each of them, collectively or separately, may file a verified petition to the circuit court in the county in which the facility is located for an order placing the facility under the control of a receiver. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-504)Sec. 3-504. Hearing on petition for receiver; grounds for appointment of receiver. The court shall hold a hearing within 5 days of the filing of the petition. The petition and notice of the hearing shall be served on the owner, administrator or designated agent of the facility as provided under the Civil Practice Law, or the petition and notice of hearing shall be posted in a conspicuous place in the facility not later than 3 days before the time specified for the hearing, unless a different period is fixed by order of the court. The court shall appoint a receiver if it finds that:(a) The facility is operating without a license;(b) The Department has suspended, revoked or refused to renew the existing license of a facility;(c) The facility is closing or has informed the Department that it intends to close and adequate arrangements for relocation of residents have not been made at least 30 days prior to closure; or(d) An emergency exists, whether or not the Department has initiated revocation or nonrenewal procedures, if because of the unwillingness or inability of the licensee to remedy the emergency the appointment of a receiver is necessary.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-505)Sec. 3-505. Emergency; time for hearing. If a petition filed under Section 3-503 alleges that the conditions set out in subsection 3-504(d) exist within a facility, the court may set the matter for hearing at the earliest possible time. The petitioner shall notify the licensee, administrator of the facility, or registered agent of the licensee prior to the hearing. Any form of written notice may be used. A receivership shall not be established ex parte unless the court determines that the conditions set out in subsection 3-504(d) exist in a facility; that the licensee cannot be found; and that the petitioner has exhausted all reasonable means of locating and notifying the licensee, administrator or registered agent. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-506)Sec. 3-506. Appointment of receiver. The court may appoint any qualified person as a receiver, except it shall not appoint any owner or affiliate of the facility which is in receivership as its receiver. The Department shall maintain a list of such persons to operate facilities which the court may consider. The court shall give preference to licensed nursing home administrators in appointing a receiver. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-507)Sec. 3-507. Health, safety, and welfare of residents. The receiver shall make provisions for the continued health, safety and welfare of all residents of the facility. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-508)Sec. 3-508. Receiver's powers and duties. A receiver appointed under this Act:(a) Shall exercise those powers and shall perform those duties set out by the court.(b) Shall operate the facility in such a manner as to assure safety and adequate health care for the residents.(c) Shall have the same rights to possession of the building in which the facility is located and of all goods and fixtures in the building at the time the petition for receivership is filed as the owner would have had if the receiver had not been appointed, and of all assets of the facility. The receiver shall take such action as is reasonably necessary to protect or conserve the assets or property of which the receiver takes possession, or the proceeds from any transfer thereof, and may use them only in the performance of the powers and duties set forth in this Section and by order of the court.(d) May use the building, fixtures, furnishings and any accompanying consumable goods in the provision of care and services to residents and to any other persons receiving services from the facility at the time the petition for receivership was filed. The receiver shall collect payments for all goods and services provided to residents or others during the period of the receivership at the same rate of payment charged by the owners at the time the petition for receivership was filed.(e) May correct or eliminate any deficiency in the structure or furnishings of the facility which endangers the safety or health of residents while they remain in the facility, provided the total cost of correction does not exceed $3,000. The court may order expenditures for this purpose in excess of $3,000 on application from the receiver after notice to the owner and hearing.(f) May let contracts and hire agents and employees to carry out the powers and duties of the receiver under this Section.(g) Except as specified in Section 3-510, shall honor all leases, mortgages and secured transactions governing the building in which the facility is located and all goods and fixtures in the building of which the receiver has taken possession, but only to the extent of payments which, in the case of a rental agreement, are for the use of the property during the period of the receivership, or which, in the case of a purchase agreement, come due during the period of the receivership.(h) Shall have full power to direct and manage and to discharge employees of the facility, subject to any contract rights they may have. The receiver shall pay employees at the same rate of compensation, including benefits, that the employees would have received from the owner. Receivership does not relieve the owner of any obligation to employees not carried out by the receiver.(i) Shall, if any resident is transferred or discharged, follow the procedures set forth in Part 4 of this Article.(j) Shall be entitled to and shall take possession of all property or assets of residents which are in the possession of a facility or its owner. The receiver shall preserve all property, assets and records of residents of which the receiver takes possession and shall provide for the prompt transfer of the property, assets and records to the new placement of any transferred resident.(k) Shall report to the court on any actions he has taken to bring the facility into compliance with this Act or with Title XVIII or XIX of the Social Security Act that he believes should be continued when the receivership is terminated in order to protect the health, safety or welfare of the residents.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-509)Sec. 3-509. Payment for goods or services provided by receiver.(a) A person who is served with notice of an order of the court appointing a receiver and of the receiver's name and address shall be liable to pay the receiver for any goods or services provided by the receiver after the date of the order if the person would have been liable for the goods or services as supplied by the owner. The receiver shall give a receipt for each payment and shall keep a copy of each receipt on file. The receiver shall deposit amounts received in a separate account and shall use this account for all disbursements.(b) The receiver may bring an action to enforce the liability created by subsection (a) of this Section.(c) A payment to the receiver of any sum owing to the facility or its owner shall discharge any obligation to the facility to the extent of the payment.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-510)Sec. 3-510. Receiver's avoidance of obligations; reasonable rental, price, or rate of interest to be paid by receiver.(a) A receiver may petition the court that he or she not be required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into by the owner of the facility if the rent, price or rate of interest required to be paid under the agreement was substantially in excess of a reasonable rent, price or rate of interest at the time the contract was entered into, or if any material provision of the agreement was unreasonable.(b) If the receiver is in possession of real estate or goods subject to a lease, mortgage or security interest which the receiver has obtained a court order to avoid under subsection (a) of this Section, and if the real estate or goods are necessary for the continued operation of the facility under this Section, the receiver may apply to the court to set a reasonable rental, price or rate of interest to be paid by the receiver during the duration of the receivership. The court shall hold a hearing on the application within 15 days. The receiver shall send notice of the application to any known persons who own the property involved at least 10 days prior to the hearing. Payment by the receiver of the amount determined by the court to be reasonable is a defense to any action against the receiver for payment or for possession of the goods or real estate subject to the lease, security interest or mortgage involved by any person who received such notice, but the payment does not relieve the owner of the facility of any liability for the difference between the amount paid by the receiver and the amount due under the original lease, security interest or mortgage involved.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-511)Sec. 3-511. Insufficient funds collected; reimbursement of receiver by Department. If funds collected under Sections 3-508 and 3-509 are insufficient to meet the expenses of performing the powers and duties conferred on the receiver, or if there are insufficient funds on hand to meet those expenses, the Department may reimburse the receiver for those expenses from funds appropriated for its ordinary and contingent expenses by the General Assembly after funds contained in the Long Term Care Monitor/Receiver Fund have been exhausted. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-512)Sec. 3-512. Receiver's compensation. The court shall set the compensation of the receiver, which will be considered a necessary expense of a receivership under Section 3-516.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-513)Sec. 3-513. Action against receiver.(a) In any action or special proceeding brought against a receiver in the receiver's official capacity for acts committed while carrying out powers and duties under this Article, the receiver shall be considered a public employee under the Local Governmental and Governmental Employees Tort Immunity Act, as now or hereafter amended.(b) A receiver may be held liable in a personal capacity only for the receiver's own gross negligence, intentional acts or breach of fiduciary duty.(c) The court may require a receiver to post a bond.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-514)Sec. 3-514. License to facility in receivership. Other provisions of this Act notwithstanding, the Department may issue a license to a facility placed in receivership. The duration of a license issued under this Section is limited to the duration of the receivership. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-515)Sec. 3-515. Termination of receivership. The court may terminate a receivership:(a) If the time period specified in the order
    appointing the receiver elapses and is not extended;(b) If the court determines that the receivership is
    no longer necessary because the conditions which gave rise to the receivership no longer exist; or the Department grants the facility a new license, whether the structure of the facility, the right to operate the facility, or the land on which it is located is under the same or different ownership; or(c) If all of the residents in the facility have
    been transferred or discharged.

    Before terminating a receivership, the court may order the Department to require any licensee to comply with the recommendations of the receiver made under subsection (k) of Section 3-508. A licensee may petition the court to be relieved of this requirement.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-516)Sec. 3-516. Accounting by receiver; Department's lien.(a) Within 30 days after termination, the receiver shall give the court a complete accounting of all property of which the receiver has taken possession, of all funds collected, and of the expenses of the receivership.(b) If the operating funds collected by the receiver under Sections 3-508 and 3-509 exceed the reasonable expenses of the receivership, the court shall order payment of the surplus to the owner, after reimbursement of funds drawn from the contingency fund under Section 3-511. If the operating funds are insufficient to cover the reasonable expenses of the receivership, the owner shall be liable for the deficiency. Payment recovered from the owner shall be used to reimburse the contingency fund for amounts drawn by the receiver under Section 3-511.(c) The Department shall have a lien for any payment made under Section 3-511 upon any beneficial interest, direct or indirect, of any owner in the following property:(1) The building in which the facility is located;(2) Any fixtures, equipment or goods used in the     operation of the facility;(3) The land on which the facility is located; or(4) The proceeds from any conveyance of property     described in subparagraphs (1), (2) or (3) above, made by the owner within one year prior to the filing of the petition for receivership.(d) The lien provided by this Section is prior to any lien or other interest which originates subsequent to the filing of a petition for receivership under this Article, except for a construction or mechanic's lien arising out of work performed with the express consent of the receiver.(e) The receiver shall, within 60 days after termination of the receivership, file a notice of any lien created under this Section. If the lien is on real property, the notice shall be filed with the recorder. If the lien is on personal property, the lien shall be filed with the Secretary of State. The notice shall specify the name of the person against whom the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien shall exist under this Article against any person, on any property, or for any amount not specified in the notice filed under this subsection (e).

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-517)Sec. 3-517. Civil and criminal liability during receivership. Nothing in this Act shall be deemed to relieve any owner, administrator or employee of a facility placed in receivership of any civil or criminal liability incurred, or any duty imposed by law, by reason of acts or omissions of the owner, administrator, or employee prior to the appointment of a receiver; nor shall anything contained in this Act be construed to suspend during the receivership any obligation of the owner, administrator, or employee for payment of taxes or other operating and maintenance expenses of the facility nor of the owner, administrator, employee or any other person for the payment of mortgages or liens. The owner shall retain the right to sell or mortgage any facility under receivership, subject to approval of the court which ordered the receivership. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/Art. III Pt. 6 heading) 
	 
  
PART 6.  DUTIES

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-601)Sec. 3-601. Liability for injury to resident. The owner and licensee are liable to a resident for any intentional or negligent act or omission of their agents or employees which injures the resident.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-602)Sec. 3-602. Damages for violation of resident's rights. The licensee shall pay the actual damages and costs and attorney's fees to a facility resident whose rights, as specified in Part 1 of Article II of this Act, are violated. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-603)Sec. 3-603. Action by resident. A resident may maintain an action under this Act for any other type of relief, including injunctive and declaratory relief, permitted by law. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-604)Sec. 3-604. Class action; remedies cumulative. Any damages recoverable under Sections 3-601 through 3-607, including minimum damages as provided by these Sections, may be recovered in any action which a court may authorize to be brought as a class action pursuant to the Civil Practice Law. The remedies provided in Sections 3-601 through 3-607, are in addition to and cumulative with any other legal remedies available to a resident. Exhaustion of any available administrative remedies shall not be required prior to commencement of suit hereunder.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-605)Sec. 3-605. Amount of damages; no effect on medical assistance eligibility. The amount of damages recovered by a resident in an action brought under Sections 3-601 through 3-607 shall be exempt for purposes of determining initial or continuing eligibility for medical assistance under the Illinois Public Aid Code, as now or hereafter amended, and shall neither be taken into consideration nor required to be applied toward the payment or partial payment of the cost of medical care or services available under the Illinois Public Aid Code.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-606)Sec. 3-606. Waiver of resident's right to bring action prohibited. Any waiver by a resident or his or her legal representative of the right to commence an action under Sections 3-601 through 3-607, whether oral or in writing, shall be null and void, and without legal force or effect.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-607)Sec. 3-607. Trial by jury. Any party to an action brought under Sections 3-601 through 3-607 shall be entitled to a trial by jury and any waiver of the right to a trial by a jury, whether oral or in writing, prior to the commencement of an action, shall be null and void, and without legal force or effect. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-608)Sec. 3-608. Retaliation against resident prohibited. A licensee or its agents or employees shall not transfer, discharge, evict, harass, dismiss, or retaliate against a resident, a resident's representative, or an employee or agent who makes a report under Section 2-107, brings or testifies in an action under Sections 3-601 through 3-607, or files a complaint under Section 3-702, because of the report, testimony, or complaint. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-609)Sec. 3-609. Immunity from liability for making report. Any person, institution or agency, under this Act, participating in good faith in the making of a report, or in the investigation of such a report shall not be deemed to have violated any privileged communication and shall have immunity from any liability, civil, criminal or any other proceedings, civil or criminal as a consequence of making such report. The good faith of any persons required to report, or permitted to report, cases of suspected resident abuse or neglect under this Act, shall be presumed. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-610)Sec. 3-610. Duty to report violations.(a) A facility employee or agent who becomes aware of abuse or neglect of a resident prohibited by Section 2-107 shall immediately report the matter to the Department and to the facility administrator. A facility administrator who becomes aware of abuse or neglect of a resident prohibited by Section 2-107 shall immediately report the matter by telephone and in writing to the resident's representative, and to the Department. Any person may report a violation of Section 2-107 to the Department.(b) A facility employee or agent who becomes aware of another facility employee or agent's theft or misappropriation of a resident's property must immediately report the matter to the facility administrator. A facility administrator who becomes aware of a facility employee or agent's theft or misappropriation of a resident's property must immediately report the matter by telephone and in writing to the resident's representative, to the Department, and to the local law enforcement agency. Neither a licensee nor its employees or agents may dismiss or otherwise retaliate against a facility employee or agent who reports the theft or misappropriation of a resident's property under this subsection.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-611)Sec. 3-611. Employee as perpetrator of abuse. When an investigation of a report of suspected abuse of a recipient indicates, based upon credible evidence, that an employee of a facility is the perpetrator of the abuse, that employee shall immediately be barred from any further contact with residents of the facility, pending the outcome of any further investigation, prosecution or disciplinary action against the employee.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-612)Sec. 3-612. Resident as perpetrator of abuse. When an investigation of a report of suspected abuse of a resident indicates, based upon credible evidence, that another resident of the facility is the perpetrator of the abuse, that resident's condition shall be immediately evaluated to determine the most suitable therapy and placement for the resident, considering the safety of that resident as well as the safety of other residents and employees of the facility. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-613)(Text of Section from P.A. 102-1007)Sec. 3-613. Facility employee assistance programs. A facility shall ensure that nurses employed by the facility are aware of employee assistance programs or other like programs available for the physical and mental well-being of the employee.  The facility shall provide information on these programs, no less than at the time of employment and during any benefit open enrollment period, by an information form about the respective programs that a nurse must sign during onboarding at the facility.  The signed information form shall be added to the nurse's personnel file.  The facility may provide this information to nurses electronically.
(Source: P.A. 102-1007, eff. 1-1-23.)(Text of Section from P.A. 102-1037)Sec. 3-613. Certified nursing assistant interns.(a) A certified nursing assistant intern shall report to a facility's charge nurse or nursing supervisor and may only be assigned duties authorized in Section 2310-434 of the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois by a supervising nurse.(b) A facility shall notify its certified and licensed staff members, in writing, that a certified nursing assistant intern may only provide the services and perform the procedures permitted under Section 2310-434 of the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois. The notification shall detail which duties may be delegated to a certified nursing assistant intern. The facility shall establish a policy describing the authorized duties, supervision, and evaluation of certified nursing assistant interns available upon request of the Department and any surveyor.(c) If a facility learns that a certified nursing assistant intern is performing work outside the scope of the Certified Nursing Assistant Intern Program's training, the facility shall:(1) stop the certified nursing assistant intern from     performing the work;(2) inspect the work and correct mistakes, if the     work performed was done improperly;(3) assign the work to the appropriate personnel; and(4) ensure that a thorough assessment of any resident     involved in the work performed is completed by a registered nurse.(d) A facility that employs a certified nursing assistant intern in violation of this Section shall be subject to civil penalties or fines under Section 3-305. 
(Source: P.A. 102-1037, eff. 6-2-22.) (210 ILCS 46/Art. III Pt. 7 heading) 
	 
  
PART 7.  COMPLAINT, HEARING, AND APPEAL

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-701)Sec. 3-701. Public nuisance; action for injunction. The operation or maintenance of a facility in violation of this Act, or of the rules and regulations promulgated by the Department, is declared a public nuisance inimical to the public welfare. The Director in the name of the people of the State, through the Attorney General, or the State's Attorney of the county in which the facility is located, or in respect to any city, village or incorporated town which provides for the licensing and regulation of any or all such facilities, the Director or the mayor or president of the Board of Trustees, as the case may require, of the city, village or incorporated town, in the name of the people of the State, through the Attorney General or State's attorney of the county in which the facility is located, may, in addition to other remedies herein provided, bring action for an injunction to restrain such violation or to enjoin the future operation or maintenance of any such facility. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-702)Sec. 3-702. Request for investigation of violation.(a) A person who believes that this Act or a rule promulgated under this Act may have been violated may request an investigation. The request may be submitted to the Department in writing, by telephone, by electronic means, or by personal visit. An oral complaint shall be reduced to writing by the Department. The Department shall make available, through
its website and upon request, information regarding the oral
and phone intake processes and the list of questions that will
be asked of the complainant. The Department shall request information identifying the complainant, including the name, address and telephone number, to help enable appropriate follow up. The Department shall act on such complaints via on-site visits or other methods deemed appropriate to handle the complaints with or without such identifying information, as otherwise provided under this Section. The complainant shall be informed that compliance with such request is not required to satisfy the procedures for filing a complaint under this Act. The Department must notify complainants that complaints with less information provided are far more difficult to respond to and investigate.(b) The substance of the complaint shall be provided in writing to the licensee, owner or administrator no earlier than at the commencement of an on-site inspection of the facility which takes place pursuant to the complaint.(c) The Department shall not disclose the name of the complainant unless the complainant consents in writing to the disclosure or the investigation results in a judicial proceeding, or unless disclosure is essential to the investigation. The complainant shall be given the opportunity to withdraw the complaint before disclosure. Upon the request of the complainant, the Department may permit the complainant or a representative of the complainant to accompany the person making the on-site inspection of the facility.(d) Upon receipt of a complaint, the Department shall determine whether this Act or a rule promulgated under this Act has been or is being violated. The Department shall investigate all complaints alleging abuse or neglect within 7 days after the receipt of the complaint except that complaints of abuse or neglect which indicate that a resident's life or safety is in imminent danger shall be investigated within 24 hours after receipt of the complaint. All other complaints shall be investigated within 30 days after the receipt of the complaint. The Department employees investigating a complaint shall conduct a brief, informal exit conference with the facility to alert its administration of any suspected serious deficiency that poses a direct threat to the health, safety or welfare of a resident to enable an immediate correction for the alleviation or elimination of such threat. Such information and findings discussed in the brief exit conference shall become a part of the investigating record but shall not in any way constitute an official or final notice of violation as provided under Section 3-301. All complaints shall be classified as "an invalid report", "a valid report", or "an undetermined report". For any complaint classified as "a valid report", the Department must determine within 30 working days if any rule or provision of this Act has been or is being violated.(d-1) The Department shall, whenever possible, combine an on site investigation of a complaint in a facility with other inspections in order to avoid duplication of inspections.(e) In all cases, the Department shall inform the complainant of its findings within 10 days of its determination unless otherwise indicated by the complainant, and the complainant may direct the Department to send a copy of such findings to another person. The Department's findings may include comments or documentation provided by either the complainant or the licensee pertaining to the complaint. The Department shall also notify the facility of such findings within 10 days of the determination, but the name of the complainant or residents shall not be disclosed in this notice to the facility. The notice of such findings shall include a copy of the written determination; the correction order, if any; the warning notice, if any; the inspection report; or the State licensure form on which the violation is listed.(f) A written determination, correction order, or warning notice concerning a complaint, together with the facility's response, shall be available for public inspection, but the name of the complainant or resident shall not be disclosed without his or her consent.(g) A complainant who is dissatisfied with the determination or investigation by the Department may request a hearing under Section 3-703. The facility shall be given notice of any such hearing and may participate in the hearing as a party. If a facility requests a hearing under Section 3-703 which concerns a matter covered by a complaint, the complainant shall be given notice and may participate in the hearing as a party. A request for a hearing by either a complainant or a facility shall be submitted in writing to the Department within 30 days after the mailing of the Department's findings as described in subsection (e) of this Section. Upon receipt of the request the Department shall conduct a hearing as provided under Section 3-703.(g-5) The Department shall conduct an annual review and
make a report concerning the complaint process that includes
the number of complaints received, the breakdown of anonymous
and non-anonymous complaints and whether the complaints were
substantiated or not, the total number of substantiated
complaints, and any other complaint information requested by
the DD Facility Advisory Board. This report shall be provided to the DD Facility Advisory Board. The DD Facility Advisory Board shall review the report and suggest any changes deemed necessary to the Department for review and action, including how to investigate and substantiate anonymous complaints.(h) Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection (a)(8) of Section 26-1 of the Criminal Code of 2012.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-703)Sec. 3-703. Hearing to contest decision; applicable provisions. Any person requesting a hearing pursuant to Sections 2-110, 3-115, 3-118, 3-119, 3-119.1, 3-301, 3-303, 3-309, 3-410, 3-422 or 3-702 to contest a decision rendered in a particular case may have such decision reviewed in accordance with Sections 3-703 through 3-712. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-704)Sec. 3-704. Hearing; notice; commencement. A request for a hearing by aggrieved persons shall be taken to the Department as follows:(a) Upon the receipt of a request in writing for a hearing, the Director or a person designated in writing by the Director to act as a hearing officer shall conduct a hearing to review the decision.(b) Before the hearing is held, notice of the hearing shall be sent by the Department to the person making the request for the hearing and to the person making the decision which is being reviewed. In the notice the Department shall specify the date, time and place of the hearing which shall be held not less than 10 days after the notice is mailed or delivered. The notice shall designate the decision being reviewed. The notice may be served by delivering it personally to the parties or their representatives or by mailing it by certified mail to the parties' addresses.(c) The Department shall commence the hearing within 30 days of the receipt of request for hearing. The hearing shall proceed as expeditiously as practicable, but in all cases shall conclude within 90 days of commencement.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-705)Sec. 3-705. Subpoenas. The Director or hearing officer may compel by subpoena or subpoena duces tecum the attendance and testimony of witnesses and the production of books and papers, and administer oaths to witnesses.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-706)Sec. 3-706. Appearance at hearing; depositions; record. The Director or hearing officer shall permit any party to appear in person and to be represented by counsel at the hearing, at which time the applicant or licensee shall be afforded an opportunity to present all relevant matter in support of his position. In the event of the inability of any party or the Department to procure the attendance of witnesses to give testimony or produce books and papers, any party or the Department may take the deposition of witnesses in accordance with the provisions of the laws of this State. All testimony taken at a hearing shall be reduced to writing, and all such testimony and other evidence introduced at the hearing shall be a part of the record of the hearing. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-707)Sec. 3-707. Findings of fact; decision. The Director or hearing officer shall make findings of fact in such hearing, and the Director shall render his or her decision within 30 days after the termination of the hearing, unless additional time not to exceed 90 days is required by him or her for a proper disposition of the matter. When the hearing has been conducted by a hearing officer, the Director shall review the record and findings of fact before rendering a decision. All decisions rendered by the Director shall be binding upon and complied with by the Department, the facility or the persons involved in the hearing, as appropriate to each case. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-708)Sec. 3-708. Rules of evidence and procedure. The Director or hearing officer shall not be bound by common law or statutory rules of evidence, or by technical or formal rules of procedure, but shall conduct hearings in the manner best calculated to result in substantial justice. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-709)Sec. 3-709. Service of subpoenas; witness fees. All subpoenas issued by the Director or hearing officer may be served as provided for in civil actions. The fees of witnesses for attendance and travel shall be the same as the fees for witnesses before the circuit court and shall be paid by the party to such proceeding at whose request the subpoena is issued. If such subpoena is issued at the request of the Department or by a person proceeding in forma pauperis the witness fee shall be paid by the Department as an administrative expense. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-710)Sec. 3-710. Compelling obedience to subpoena. In cases of refusal of a witness to attend or testify or to produce books or papers, concerning any matter upon which he might be lawfully examined, the circuit court of the county wherein the hearing is held, upon application of any party to the proceeding, may compel obedience by a proceeding for contempt as in cases of a like refusal to obey a similar order of the court. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-711)Sec. 3-711. Record of hearing; transcript. The Department, at its expense, shall provide a stenographer to take the testimony, or otherwise record the testimony, and preserve a record of all proceedings under this Section. The notice of hearing, the complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, and the findings and decision shall be the record of the proceedings. The Department shall furnish a transcript of such record to any person interested in such hearing upon payment therefor of 70 cents per page for each original transcript and 25 cents per page for each certified copy thereof. However, the charge for any part of such transcript ordered and paid for previous to the writing of the original record shall be 25 cents per page. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-712)Sec. 3-712. Certification of record; fee. The Department shall not be required to certify any record or file any answer or otherwise appear in any proceeding for judicial review under Section 3-713 of this Act unless there is filed with the complaint a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record, which cost shall be computed at the rate of 95 cents per page of such record. Failure on the part of the plaintiff to file such receipt in Court shall be grounds for dismissal of the action; provided, however, that persons proceeding in forma pauperis with the approval of the circuit court shall not be required to pay these fees. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-713)Sec. 3-713. Judicial review; stay of enforcement of Department's decision.(a) Final administrative decisions after hearing shall be subject to judicial review exclusively as provided in the Administrative Review Law, as now or hereafter amended, except that any petition for judicial review of Department action under this Act shall be filed within 15 days after receipt of notice of the final agency determination. The term "administrative decision" has the meaning ascribed to it in Section 3-101 of the Code of Civil Procedure.(b) The court may stay enforcement of the Department's final decision or toll the continuing accrual of a penalty under Section 3-305 if a showing is made that there is a substantial probability that the party seeking review will prevail on the merits and will suffer irreparable harm if a stay is not granted, and that the facility will meet the requirements of this Act and the rules promulgated under this Act during such stay. Where a stay is granted the court may impose such conditions on the granting of the stay as may be necessary to safeguard the lives, health, rights, safety and welfare of residents, and to assure compliance by the facility with the requirements of this Act, including an order for transfer or discharge of residents under Sections 3-401 through 3-423 or for appointment of a receiver under Sections 3-501 through 3-517.(c) Actions brought under this Act shall be set for trial at the earliest possible date and shall take precedence on the court calendar over all other cases except matters to which equal or superior precedence is specifically granted by law.


(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-714)Sec. 3-714. Remedies cumulative. The remedies provided by this Act are cumulative and shall not be construed as restricting any party from seeking any remedy, provisional or otherwise, provided by law for the benefit of the party, from obtaining additional relief based upon the same facts. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/Art. III Pt. 8 heading) 
	 
  
PART 8.  MISCELLANEOUS PROVISIONS

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-801)Sec. 3-801. Rules and regulations. The Department shall have the power to adopt rules and regulations to carry out the purpose of this Act. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-801.1)Sec. 3-801.1. Access to records of resident with developmental disabilities. Notwithstanding the other provisions of this Act to the contrary, the agency designated by the Governor under Section 1 of "An Act in relation to the protection and advocacy of the rights of persons with developmental disabilities, and amending Acts therein named", enacted by the 84th General Assembly, shall have access to the records of a person with developmental disabilities who resides in a facility, subject to the limitations of this Act. The agency shall also have access for the purpose of inspection and copying, to the records of a person with developmental disabilities who resides in any such facility if (1) a complaint is received by such agency from or on behalf of the person with a developmental disability, and (2) such person does not have a guardian or the State or the designee of the State is the guardian of such person. The designated agency shall provide written notice to the person with developmental disabilities and the State guardian of the nature of the complaint based upon which the designated agency has gained access to the records. No record or the contents of any record shall be redisclosed by the designated agency unless the person with developmental disabilities and the State guardian are provided 7 days' advance written notice, except in emergency situations, of the designated agency's intent to redisclose such record, during which time the person with developmental disabilities or the State guardian may seek to judicially enjoin the designated agency's redisclosure of such record on the grounds that such redisclosure is contrary to the interests of the person with developmental disabilities. If a person with developmental disabilities resides in such a facility and has a guardian other than the State or the designee of the State, the facility director shall disclose the guardian's name, address, and telephone number to the designated agency at the agency's request.Upon request, the designated agency shall be entitled to inspect and copy any records or other materials which may further the agency's investigation of problems affecting numbers of persons with developmental disabilities. When required by law any personally identifiable information of persons with a developmental disability shall be removed from the records. However, the designated agency may not inspect or copy any records or other materials when the removal of personally identifiable information imposes an unreasonable burden on the facility.
    For the purposes of this Section, "developmental disability" means "developmental disability" as defined in Section 1-106 of the Mental Health and Developmental Disabilities Code.

(Source: P.A. 102-972, eff. 1-1-23.) (210 ILCS 46/3-801.05)Sec. 3-801.05. Rules adopted under prior law. The Department shall adopt rules to implement the changes concerning licensure of facilities under this Act instead of under the ID/DD Community Care Act. Until the Department adopts those rules, the rules adopted under the ID/DD Community Care Act that apply to long-term care for under age 22 facilities subject to licensure under the ID/DD Community Care Act shall apply to medically complex for the developmentally disabled facilities under this Act. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-802)Sec. 3-802. Illinois Administrative Procedure Act. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department under this Act. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-803)Sec. 3-803. Treatment by prayer or spiritual means. Nothing in this Act or the rules and regulations adopted pursuant thereto shall be construed as authorizing the medical supervision, regulation, or control of the remedial care or treatment of residents in any facility conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well recognized church or religious denomination. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-804)Sec. 3-804. Report to General Assembly. The Department shall report to the General Assembly by April 1 of each year upon the performance of its inspection, survey and evaluation duties under this Act, including the number and needs of the Department personnel engaged in such activities. The report shall also describe the Department's actions in enforcement of this Act, including the number and needs of personnel so engaged. The report shall also include the number of valid and invalid complaints filed with the Department within the last calendar year. 

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-808)Sec. 3-808. Protocol for sexual assault victims; MC/DD facility. The Department shall develop a protocol for the care and treatment of residents who have been sexually assaulted in a MC/DD facility or elsewhere.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-808.5)Sec. 3-808.5. Facility fraud, abuse, or neglect prevention and reporting.(a) A facility licensed to provide care to 17 or more residents that receives Medicaid funding shall prominently display in its lobby, in its dining areas, and on each floor of the facility information approved by the Illinois Medicaid Fraud Control Unit on how to report fraud, abuse, and neglect. A facility licensed to provide care to fewer than 17 residents that receives Medicaid funding shall prominently display in the facility so as to be easily seen by all residents, visitors, and employees information approved by the Illinois Medicaid Fraud Control Unit on how to report fraud, abuse, and neglect. In addition, information regarding the reporting of fraud, abuse, and neglect shall be provided to each resident at the time of admission and to the resident's guardian or resident's representative.(b) Any owner or licensee of a facility licensed under this Act shall be responsible for the collection and maintenance of any and all records required to be maintained under this Section and any other applicable provisions of this Act and as a provider under the Illinois Public Aid Code, and shall be responsible for compliance with all of the disclosure requirements under this Section. All books and records and other papers and documents that are required to be kept, and all records showing compliance with all of the disclosure requirements to be made pursuant to this Section, shall be kept by the licensee and available at the facility and shall, at all times during business hours, be subject to inspection by any law enforcement or health oversight agency or its duly authorized agents or employees.(c) Any report of abuse and neglect of residents made by any individual in whatever manner, including, but not limited to, reports made under Sections 2-107 and 3-610 of this Act, or as provided under the Abused and Neglected Long Term Care Facility Residents Reporting Act, that is made to an administrator, a director of nursing, or any other person with management responsibility at a facility must be disclosed to the owners and licensee of the facility within 24 hours of the report. The owners and licensee of a facility shall maintain all records necessary to show compliance with this disclosure requirement.(d) Any person with an ownership interest in a facility licensed by the Department must, within 30 days after the effective date of this Act, disclose the existence of any ownership interest in any vendor who does business with the facility. The disclosures required by this subsection (d) shall be made in the form and manner prescribed by the Department. Licensed facilities that receive Medicaid funding shall submit a copy of the disclosures required by this subsection (d) to the Illinois Medicaid Fraud Control Unit. The owners and licensee of a facility shall maintain all records necessary to show compliance with this disclosure requirement.(e) Notwithstanding the provisions of Section 3-318 of this Act and in addition thereto, any person, owner, or licensee who willfully fails to keep and maintain, or willfully fails to produce for inspection, books and records, or willfully fails to make the disclosures required by this Section, is guilty of a Class A misdemeanor. A second or subsequent violation of this Section shall be punishable as a Class 4 felony.(f) Any owner or licensee who willfully files or willfully causes to be filed a document with false information with the Department, the Department of Healthcare and Family Services, or the Illinois Medicaid Fraud Control Unit or any other law enforcement agency is guilty of a Class A misdemeanor.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/3-810)Sec. 3-810. Whistleblower protection.(a) In this Section, "retaliatory action" means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms and conditions of employment of any employee of a facility that is taken in retaliation for the employee's involvement in a protected activity as set forth in paragraphs (1), (2), and (3) of subsection (b) of this Section.(b) A facility shall not take any retaliatory action against an employee of the facility, including a nursing home administrator, because the employee does any of the following:(1) Discloses or threatens to disclose to a     supervisor or to a public body an activity, inaction, policy, or practice implemented by a facility that the employee reasonably believes is in violation of a law, rule, or regulation.(2) Provides information to or testifies before any     public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by a nursing home administrator.(3) Assists or participates in a proceeding to     enforce the provisions of this Act.(c) A violation of this Section may be established only upon a finding that (1) the employee of the facility engaged in conduct described in subsection (b) of this Section and (2) this conduct was a contributing factor in the retaliatory action alleged by the employee. There is no violation of this Section, however, if the facility demonstrates by clear and convincing evidence that it would have taken the same unfavorable personnel action in the absence of that conduct.(d) The employee of the facility may be awarded all remedies necessary to make the employee whole and to prevent future violations of this Section. Remedies imposed by the court may include, but are not limited to, all of the following:(1) Reinstatement of the employee to either the same     position held before the retaliatory action or to an equivalent position.(2) Two times the amount of back pay.(3) Interest on the back pay.(4) Reinstatement of full fringe benefits and     seniority rights.(5) Payment of reasonable costs and attorney's fees.(e) Nothing in this Section shall be deemed to diminish the rights, privileges, or remedies of an employee of a facility under any other federal or State law, rule, or regulation or under any employment contract.

(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/5)Sec. 5. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/10)Sec. 10. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/15)Sec. 15. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/20)Sec. 20. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/25)Sec. 25. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/27)Sec. 27. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/30)Sec. 30. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/35)Sec. 35. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/40)Sec. 40. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/45)Sec. 45. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/50)Sec. 50. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/55)Sec. 55. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/60)Sec. 60. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/65)Sec. 65. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/70)Sec. 70. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/75)Sec. 75. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/80)Sec. 80. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/85)Sec. 85. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/90)Sec. 90. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/95)Sec. 95. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/100)Sec. 100. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/105)Sec. 105. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/110)Sec. 110. The ID/DD Community Care Act is amended by repealing Section 2-218.
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/115)Sec. 115. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/120)Sec. 120. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/125)Sec. 125. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/130)Sec. 130. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/135)Sec. 135. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/140)Sec. 140. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/145)Sec. 145. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/150)Sec. 150. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/155)Sec. 155. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/160)Sec. 160. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/165)Sec. 165. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/170)Sec. 170. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/175)Sec. 175. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/180)Sec. 180. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/185)Sec. 185. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/190)Sec. 190. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/195)Sec. 195. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/200)Sec. 200. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/205)Sec. 205. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/210)Sec. 210. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/215)Sec. 215. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/220)Sec. 220. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/225)Sec. 225. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/230)Sec. 230. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/235)Sec. 235. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/240)Sec. 240. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/900)Sec. 900. (Amendatory provisions; text omitted).
(Source: P.A. 99-180, eff. 7-29-15; text omitted.) (210 ILCS 46/950)Sec. 950. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 46/999)Sec. 999. Effective date. This Act takes effect July 1, 2015.
(Source: P.A. 99-180, eff. 7-29-15.)
(210 ILCS 47/Art. 90 heading) 
			
		
		ARTICLE 90.  
		AMENDATORY PROVISIONS
(Amendatory provisions; text omitted)(Source: P.A. 96-339, eff. 7-1-10; text omitted)
(210 ILCS 47/Art. 99 heading) 
			
		
		ARTICLE 99.  
		EFFECTIVE DATE
		(Source: P.A. 96-339, eff. 7-1-10) (210 ILCS 47/99-99)Sec. 99-99. Effective date. This Act takes effect July 1, 2010.

(Source: P.A. 96-339, eff. 7-1-10.)
(210 ILCS 47/Art. I heading) 
			
		
		ARTICLE I.  
		SHORT TITLE, PRIOR LAW, AND DEFINITIONS
		(Source: P.A. 96-339, eff. 7-1-10) (210 ILCS 47/1-101)Sec. 1-101. Short title. This Act may be cited as the ID/DD Community Care Act.
(Source: P.A. 96-339, eff. 7-1-10; 97-227, eff. 1-1-12.) (210 ILCS 47/1-101.05)Sec. 1-101.05. Prior law.(a) This Act provides for licensure of intermediate
care facilities for persons with developmental disabilities under this Act instead of under the Nursing Home Care Act. On and after July 1, 2010 (the effective date of this Act), those facilities shall be governed by this Act instead of the Nursing Home Care Act.On and after July 29, 2015 (the effective date of Public Act 99-180), long-term care for under age 22 facilities shall be known as medically complex for the developmentally disabled facilities and governed by the MC/DD Act instead of this Act.(b) If any other Act of the General Assembly changes, adds, or repeals a provision of the Nursing Home Care Act that is the same as or substantially similar to a provision of this Act, then that change, addition, or repeal in the Nursing Home Care Act shall be construed together with this Act until July 1, 2010 and not thereafter.(c) Nothing in this Act affects the validity or effect of any finding, decision, or action made or taken by the Department or the Director under the Nursing Home Care Act before July 1, 2010 (the effective date of this Act) with respect to a facility subject to licensure under this Act. That finding, decision, or action shall continue to apply to the facility on and after July 1, 2010 (the effective date of this Act). Any finding, decision, or action with respect to the facility made or taken on or after July 1, 2010 (the effective date of this Act) shall be made or taken as provided in this Act. 
(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.) (210 ILCS 47/1-102)Sec. 1-102. Definitions. For the purposes of this Act, unless the context otherwise requires, the terms defined in this Article have the meanings ascribed to them herein. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-103)Sec. 1-103. Abuse.  "Abuse" means any physical or mental injury or sexual assault inflicted on a resident other than by accidental means in a facility.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-104)Sec. 1-104. Access. "Access" means the right to:(1) Enter any facility;(2) Communicate privately and without restriction     with any resident who consents to the communication;(3) Seek consent to communicate privately and without     restriction with any resident;(4) Inspect the clinical and other records of a     resident with the express written consent of the resident; or(5) Observe all areas of the facility except the     living area of any resident who protests the observation. (Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-105)Sec. 1-105. Administrator. "Administrator" means a person who is charged with the general administration and supervision of a facility and licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act, as now or hereafter amended. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-106)Sec. 1-106. Affiliate. "Affiliate" means:(1) With respect to a partnership, each partner     thereof.(2) With respect to a corporation, each officer,     director and stockholder thereof.(3) With respect to a natural person: any person     related in the first degree of kinship to that person; each partnership and each partner thereof of which that person or any affiliate of that person is a partner; and each corporation in which that person or any affiliate of that person is an officer, director or stockholder. (Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-107)Sec. 1-107. Applicant. "Applicant" means any person making application for a license. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-108.1)Sec. 1-108.1. Complaint classification. "Complaint classification" means the Department shall categorize reports about conditions, care or services in a facility into one of three groups after an investigation:(1) "An invalid report" means any report made under     this Act for which it is determined after an investigation that no credible evidence of abuse, neglect or other deficiency relating to the complaint exists;(2) "A valid report" means a report made under this     Act if an investigation determines that some credible evidence of the alleged abuse, neglect or other deficiency relating to the complaint exists; and(3) "An undetermined report" means a report made     under this Act in which it was not possible to initiate or complete an investigation on the basis of information provided to the Department. (Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-109)Sec. 1-109. Department. "Department" means the Department of Public Health. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-110)Sec. 1-110. Director. "Director" means the Director of Public Health or his or her designee. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-111)Sec. 1-111.   Discharge. "Discharge" means the full release of any resident from a facility.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-111.05)Sec. 1-111.05. Distressed facility.  "Distressed facility" means a facility determined by the Department to be a distressed facility pursuant to Section 3-304.2 of this Act.
(Source: P.A. 97-38, eff. 6-28-11.) (210 ILCS 47/1-112)Sec. 1-112.  Emergency. "Emergency" means a situation, physical condition or one or more practices, methods or operations which present imminent danger of death or serious physical or mental harm to residents of a facility.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-113)Sec. 1-113. Facility.  "ID/DD facility" or "facility" means an intermediate care facility for persons with developmental disabilities, whether operated for profit or not, which provides, through its ownership or management, personal care or nursing for 3 or more persons not related to the applicant or owner by blood or marriage. It includes intermediate care facilities for the intellectually disabled as the term is defined in Title XVIII and Title XIX of the federal Social Security Act."Facility" does not include the following:(1) A home, institution, or other place operated by     the federal government or agency thereof, or by the State of Illinois, other than homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans' Affairs;(2) A hospital, sanitarium, or other institution         whose principal activity or business is the diagnosis, care, and treatment of human illness through the maintenance and operation as organized facilities therefore, which is required to be licensed under the Hospital Licensing Act;(3) Any "facility for child care" as defined in the         Child Care Act of 1969;(4) Any "community living facility" as defined in the         Community Living Facilities Licensing Act;(5) Any "community residential alternative" as         defined in the Community Residential Alternatives Licensing Act;(6) Any nursing home or sanatorium operated solely by         and for persons who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any well recognized church or religious denomination. However, such nursing home or sanatorium shall comply with all local laws and rules relating to sanitation and safety;(7) Any facility licensed by the Department of Human         Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act;(8) Any "supportive residence" licensed under the         Supportive Residences Licensing Act;(9) Any "supportive living facility" in good standing         with the program established under Section 5-5.01a of the Illinois Public Aid Code, except only for purposes of the     employment of persons in accordance with Section 3-206.01;(10) Any assisted living or shared housing         establishment licensed under the Assisted Living and Shared Housing Act, except only for purposes of the     employment of persons in accordance with Section 3-206.01;(11) An Alzheimer's disease management center         alternative health care model licensed under the Alternative Health Care Delivery Act;(12) A home, institution, or other place operated by     or  under the authority of the Illinois Department of Veterans' Affairs; or(13) Any MC/DD facility  licensed under the MC/DD     Act. (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.) (210 ILCS 47/1-114)Sec. 1-114.  Guardian. "Guardian" means a person appointed as a guardian of the person or guardian of the estate, or both, of a resident under the "Probate Act of 1975", as now or hereafter amended.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-114.001)Sec. 1-114.001. Habilitation.  "Habilitation" means an effort directed toward increasing a person's level of physical, mental, social, or economic functioning.  Habilitation may include, but is not limited to, diagnosis, evaluation, medical services, residential care, day care, special living arrangements, training, education, employment services, protective services, and counseling.
(Source: P.A. 97-38, eff. 6-28-11.) (210 ILCS 47/1-114.01)Sec. 1-114.01. Identified offender. "Identified offender" means a person who meets any of the following criteria:(1) Has been convicted of, found guilty of,     adjudicated delinquent for, found not guilty by reason of insanity for, or found unfit to stand trial for any felony offense listed in Section 25 of the Health Care Worker Background Check Act, except for the following:(i) a felony offense described in Section 10-5 of         the Nurse Practice Act;(ii) a felony offense described in Section 4, 5,         6, 8, or 17.02 of the Illinois Credit Card and Debit Card Act;(iii) a felony offense described in Section 5,         5.1, 5.2, 7, or 9 of the Cannabis Control Act;(iv) a felony offense described in Section 401,         401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois Controlled Substances Act; and(v) a felony offense described in the         Methamphetamine Control and Community Protection Act.(2) Has been convicted of, adjudicated delinquent     for, found not guilty by reason of insanity for, or found unfit to stand trial for, any sex offense as defined in subsection (c) of Section 10 of the Sex Offender Management Board Act.(3) Is any other resident as determined by the     Illinois State Police. (Source: P.A. 102-538, eff. 8-20-21.) (210 ILCS 47/1-114.1)Sec. 1-114.1. Immediate family. "Immediate family" means the spouse, an adult child, a parent, an adult brother or sister, or an adult grandchild of a person. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-114.005)Sec. 1-114.005. High-risk designation. "High-risk designation" means a violation of a provision of the Illinois Administrative Code that has been identified by the Department through rulemaking to be inherently necessary to protect the health, safety, and welfare of a resident.
(Source: P.A. 97-38, eff. 6-28-11.) (210 ILCS 47/1-115)Sec. 1-115. Licensee. "Licensee" means the individual or entity licensed by the Department to operate the facility. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-116)Sec. 1-116. Maintenance. "Maintenance" means food, shelter and laundry services.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-116.5)Sec. 1-116.5. Misappropriation of a resident's property. "Misappropriation of a resident's property" means the deliberate misplacement, exploitation, or wrongful temporary or permanent use of a resident's belongings or money without the resident's consent. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-117)Sec. 1-117. Neglect. "Neglect" means a failure in a facility to provide adequate medical or personal care or maintenance, which failure results in physical or mental injury to a resident or in the deterioration of a resident's physical or mental condition.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-118)Sec. 1-118. Nurse. "Nurse" means a registered nurse or a licensed practical nurse as defined in the Nurse Practice Act.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-119)Sec. 1-119. Owner. "Owner" means the individual, partnership, corporation, association or other person who owns a facility. In the event a facility is operated by a person who leases the physical plant, which is owned by another person, "owner" means the person who operates the facility, except that if the person who owns the physical plant is an affiliate of the person who operates the facility and has significant control over the day to day operations of the facility, the person who owns the physical plant shall incur jointly and severally with the owner all liabilities imposed on an owner under this Act.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-120)Sec. 1-120. Personal care. "Personal care" means assistance with meals, dressing, movement, bathing or other personal needs or maintenance, or general supervision and oversight of the physical and mental well being of an individual, who is incapable of maintaining a private, independent residence or who is incapable of managing his or her person whether or not a guardian has been appointed for such individual. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-120.3)Sec. 1-120.3. Provisional admission period.  "Provisional admission period" means the time between the admission of an identified offender as defined in Section 1-114.01 of this Act and 3 days following the admitting facility's receipt of an Identified Offender Report and Recommendation in accordance with Section 2-201.6 of this Act.
(Source: P.A. 97-38, eff. 6-28-11.) (210 ILCS 47/1-121)Sec. 1-121. Reasonable hour. "Reasonable hour" means any time between the hours of 10 a.m. and 8 p.m. daily. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-122)Sec. 1-122. Resident. "Resident" means a person receiving personal or medical care, including, but not limited to, habilitation, psychiatric services, therapeutic services, and assistance with activities of daily living from a facility.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/1-123)Sec. 1-123. Resident's representative. "Resident's representative" means a person other than the owner, or an agent or employee of a facility not related to the resident, designated in writing by a resident to be his or her representative, or the resident's guardian, or the parent of a minor resident for whom no guardian has been appointed. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-125)Sec. 1-125. Stockholder. "Stockholder" of a corporation means any person who, directly or indirectly, beneficially owns, holds or has the power to vote, at least 5% of any class of securities issued by the corporation.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-125.1)Sec. 1-125.1. Student intern. "Student intern" means any person whose total term of employment in any facility during any 12-month period is equal to or less than 90 continuous days, and whose term of employment is either:(1) an academic credit requirement in a high school     or undergraduate institution, or(2) immediately succeeds a full quarter, semester or     trimester of academic enrollment in either a high school or undergraduate institution, provided that such person is registered for another full quarter, semester or trimester of academic enrollment in either a high school or undergraduate institution which quarter, semester or trimester will commence immediately following the term of employment. (Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-126)Sec. 1-126. Title XVIII. "Title XVIII" means Title XVIII of the federal Social Security Act as now or hereafter amended. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-127)Sec. 1-127. Title XIX. "Title XIX" means Title XIX of the federal Social Security Act as now or hereafter amended. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-128)Sec. 1-128. Transfer. "Transfer" means a change in status of a resident's living arrangements from one facility to another facility. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/1-128.5)Sec. 1-128.5. Type "AA" violation.  A "Type 'AA' violation" means a violation of this Act or of the rules promulgated thereunder that creates a condition or occurrence relating to the operation and maintenance of a facility that proximately caused a resident's death.
(Source: P.A. 97-38, eff. 6-28-11.) (210 ILCS 47/1-129)Sec. 1-129. Type 'A' violation. A "Type 'A' violation" means a violation of this Act or of the rules promulgated thereunder which creates a condition or occurrence relating to the operation and maintenance of a facility that (i) creates a substantial probability that the risk of death or serious mental or physical harm to a resident will result therefrom or (ii) has resulted in actual physical or mental harm to a resident. 
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/1-130)Sec. 1-130. Type 'B' violation. A "Type 'B' violation" means a violation of this Act or of the rules promulgated thereunder which (i) creates a condition or occurrence relating to the operation and maintenance of a facility that is more likely than not to cause more than minimal physical or mental harm to a resident or (ii) is specifically designated as a Type "B" violation in this Act. 
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/1-132)Sec. 1-132. Type "C" violation.  A "Type 'C' violation" means a violation of this Act or of the rules promulgated thereunder that creates a condition or occurrence relating to the operation and maintenance of a facility that creates a substantial probability that less than minimal physical or mental harm to a resident will result therefrom.
(Source: P.A. 97-38, eff. 6-28-11.)
(210 ILCS 47/Art. II heading) 
			
		
		ARTICLE II.  
		RIGHTS AND RESPONSIBILITIES
		(Source: P.A. 96-339, eff. 7-1-10) (210 ILCS 47/Art. II Pt. 1 heading) 
			
		
		PART 1.  
		RESIDENT RIGHTS
		(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-101)Sec. 2-101. Constitutional and legal rights. No resident shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of his or her status as a resident of a facility. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-101.1)Sec. 2-101.1. Spousal impoverishment.  All new residents and their spouses shall be informed on admittance of their spousal impoverishment rights as defined at Section 5-4 of the Illinois Public Aid Code, as now or hereafter amended and at Section 303 of Title III of the Medicare Catastrophic Coverage Act of 1988 (P.L. 100-360).
(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.) (210 ILCS 47/2-102)Sec. 2-102. Financial affairs. A resident shall be permitted to manage his or her own financial affairs unless he or she or his or her guardian or if the resident is a minor, his or her parent, authorizes the administrator of the facility in writing to manage such resident's financial affairs under Section 2-201 of this Act. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-103)Sec. 2-103. Personal property. A resident shall be permitted to retain and use or wear his or her personal property in his or her immediate living quarters, unless deemed medically inappropriate by a physician and so documented in the resident's clinical record. If clothing is provided to the resident by the facility, it shall be of a proper fit.The facility shall provide adequate storage space for the personal property of the resident. The facility shall provide a means of safeguarding small items of value for its residents in their rooms or in any other part of the facility so long as the residents have daily access to such valuables. The facility shall make reasonable efforts to prevent loss and theft of residents' property. Those efforts shall be appropriate to the particular facility and may include, but are not limited to, staff training and monitoring, labeling property, and frequent property inventories. The facility shall develop procedures for investigating complaints concerning theft of residents' property and shall promptly investigate all such complaints.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-104)Sec. 2-104. Medical treatment; records.(a) A resident shall be permitted to retain the services of his or her own personal physician at his or her  own expense or under an individual or group plan of health insurance, or under any public or private assistance program providing such coverage. However, the facility is not liable for the negligence of any such personal physician. Every resident shall be permitted to obtain from his or her own physician or the physician attached to the facility complete and current information concerning his or her medical diagnosis, treatment and prognosis in terms and language the resident can reasonably be expected to understand. Every resident shall be permitted to participate in the planning of his or her total care and medical treatment to the extent that his or her condition permits. No resident shall be subjected to experimental research or treatment without first obtaining his or her informed, written consent. The conduct of any experimental research or treatment shall be authorized and monitored by an institutional review board appointed by the Director. The membership, operating procedures and review criteria for the institutional review board shall be prescribed under rules and regulations of the Department and shall comply with the requirements for institutional review boards established by the federal Food and Drug Administration. No person who has received compensation in the prior 3 years from an entity that manufactures, distributes, or sells pharmaceuticals, biologics, or medical devices may serve on the institutional review board.The institutional review board may approve only research or treatment that meets the standards of the federal Food and Drug Administration with respect to (i) the protection of human subjects and (ii) financial disclosure by clinical investigators. The Office of State Long Term Care Ombudsman and the State Protection and Advocacy organization shall be given an opportunity to comment on any request for approval before the board makes a decision. Those entities shall not be provided information that would allow a potential human subject to be individually identified, unless the board asks the Ombudsman for help in securing information from or about the resident. The board shall require frequent reporting of the progress of the approved research or treatment and its impact on residents, including immediate reporting of any adverse impact to the resident, the resident's representative, the Office of the State Long Term Care Ombudsman, and the State Protection and Advocacy organization. The board may not approve any retrospective study of the records of any resident about the safety or efficacy of any care or treatment if the resident was under the care of the proposed researcher or a business associate when the care or treatment was given, unless the study is under the control of a researcher without any business relationship to any person or entity who could benefit from the findings of the study.No facility shall permit experimental research or treatment to be conducted on a resident or give access to any person or person's records for a retrospective study about the safety or efficacy of any care or treatment without the prior written approval of the institutional review board. No administrator, or person licensed by the State to provide medical care or treatment to any person may assist or participate in any experimental research on or treatment of a resident, including a retrospective study, that does not have the prior written approval of the board. Such conduct shall be grounds for professional discipline by the Department of Financial and Professional Regulation.The institutional review board may exempt from ongoing review research or treatment initiated on a resident before the individual's admission to a facility and for which the board determines there is adequate ongoing oversight by another institutional review board. Nothing in this Section shall prevent a facility, any facility employee, or any other person from assisting or participating in any experimental research on or treatment of a resident if the research or treatment began before the person's admission to a facility, until the board has reviewed the research or treatment and decided to grant or deny approval or to exempt the research or treatment from ongoing review.(b) All medical treatment and procedures shall be administered as ordered by a physician. All new physician orders shall be reviewed by the facility's director of nursing or charge nurse designee within 24 hours after such orders have been issued to assure facility compliance with such orders.According to rules adopted by the Department, every woman resident of child bearing age shall receive routine obstetrical and gynecological evaluations as well as necessary prenatal care.(c) Every resident shall be permitted to refuse medical treatment and to know the consequences of such action, unless such refusal would be harmful to the health and safety of others and such harm is documented by a physician in the resident's clinical record. The resident's refusal shall free the facility from the obligation to provide the treatment.(d) Every resident, resident's guardian, or parent if the resident is a minor shall be permitted to inspect and copy all his or her clinical and other records concerning his or her care and maintenance kept by the facility or by his or her physician. The facility may charge a reasonable fee for duplication of a record.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/2-104.1)Sec. 2-104.1. Transfer of facility ownership after license suspension or revocation. Whenever ownership of a private facility is transferred to another private owner following a final order for a suspension or revocation of the facility's license, the new owner, if the Department so determines, shall thoroughly evaluate the condition and needs of each resident as if each resident were being newly admitted to the facility. The evaluation shall include a review of the medical record and the conduct of a physical examination of each resident which shall be performed within 30 days after the transfer of ownership. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-104.2)Sec. 2-104.2. Do Not Resuscitate Orders.  Every facility licensed under this Act shall establish a policy for the implementation of physician orders limiting resuscitation such as those commonly referred to as "Do Not Resuscitate" orders. This policy may only prescribe the format, method of documentation and duration of any physician orders limiting resuscitation. Any orders under this policy shall be honored by the facility. The Department of Public Health Uniform POLST form or a copy of that form or a previous version of the uniform form shall be honored by the facility. 
(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16.) (210 ILCS 47/2-105)Sec. 2-105. Privacy. A resident shall be permitted respect and privacy in his or her medical and personal care program. Every resident's case discussion, consultation, examination and treatment shall be confidential and shall be conducted discreetly, and those persons not directly involved in the resident's care must have the resident's permission to be present. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-106)Sec. 2-106. Restraints and confinements.(a) For purposes of this Act:(i) A physical restraint is any manual method or     physical or mechanical device, material, or equipment attached or adjacent to a resident's body that the resident cannot remove easily and restricts freedom of movement or normal access to one's body. Devices used for positioning, including but not limited to bed rails, gait belts, and cushions, shall not be considered to be restraints for purposes of this Section.(ii) A chemical restraint is any drug used for     discipline or convenience and not required to treat medical symptoms. The Department shall by rule, designate certain devices as restraints, including at least all those devices which have been determined to be restraints by the United States Department of Health and Human Services in interpretive guidelines issued for the purposes of administering Titles XVIII and XIX of the Social Security Act.(b) Neither restraints nor confinements shall be employed for the purpose of punishment or for the convenience of any facility personnel. No restraints or confinements shall be employed except as ordered by a physician who documents the need for such restraints or confinements in the resident's clinical record. Each facility licensed under this Act must have a written policy to address the use of restraints and seclusion. The Department shall establish by rule the provisions that the policy must include, which, to the extent practicable, should be consistent with the requirements for participation in the federal Medicare program. Each policy shall include periodic review of the use of restraints.(c) A restraint may be used only with the informed consent of the resident, the resident's guardian, or other authorized representative. A restraint may be used only for specific periods, if it is the least restrictive means necessary to attain and maintain the resident's highest practicable physical, mental or psychosocial well being, including brief periods of time to provide necessary life saving treatment. A restraint may be used only after consultation with appropriate health professionals, such as occupational or physical therapists, and a trial of less restrictive measures has led to the determination that the use of less restrictive measures would not attain or maintain the resident's highest practicable physical, mental or psychosocial well being. However, if the resident needs emergency care, restraints may be used for brief periods to permit medical treatment to proceed unless the facility has notice that the resident has previously made a valid refusal of the treatment in question.(d) A restraint may be applied only by a person trained in the application of the particular type of restraint.(e) Whenever a period of use of a restraint is initiated, the resident shall be advised of his or her right to have a person or organization of his or her choosing, including the Guardianship and Advocacy Commission, notified of the use of the restraint. A recipient who is under guardianship may request that a person or organization of his or her choosing be notified of the restraint, whether or not the guardian approves the notice. If the resident so chooses, the facility shall make the notification within 24 hours, including any information about the period of time that the restraint is to be used. Whenever the Guardianship and Advocacy Commission is notified that a resident has been restrained, it shall contact the resident to determine the circumstances of the restraint and whether further action is warranted.(f) Whenever a restraint is used on a resident whose primary mode of communication is sign language, the resident shall be permitted to have his or her hands free from restraint for brief periods each hour, except when this freedom may result in physical harm to the resident or others.(g) The requirements of this Section are intended to control in any conflict with the requirements of Sections 1-126 and 2-108 of the Mental Health and Developmental Disabilities Code.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-106.1)Sec. 2-106.1. Drug treatment.(a) A resident shall not be given unnecessary drugs. An unnecessary drug is any drug used in an excessive dose, including in duplicative therapy; for excessive duration; without adequate monitoring; without adequate indications for its use; or in the presence of adverse consequences that indicate the drugs should be reduced or discontinued. The Department shall adopt, by rule, the standards for unnecessary drugs contained in interpretive guidelines issued by the United States Department of Health and Human Services for the purposes of administering Titles XVIII and XIX of the Social Security Act.(b) Psychotropic medication shall not be administered without the informed consent of the resident, the resident's guardian, or other authorized representative. "Psychotropic medication" means medication that is used for or listed as used for antipsychotic, antidepressant, antimanic, or antianxiety behavior modification or behavior management purposes in the latest editions of the AMA Drug Evaluations or the Physician's Desk Reference. The Department shall adopt, by rule, a protocol specifying how informed consent for psychotropic medication may be obtained or refused. The protocol shall require, at a minimum, a discussion between (1) the resident or the resident's authorized representative and (2) the resident's physician, a registered pharmacist who is not a dispensing pharmacist for the facility where the resident lives, or a licensed nurse about the possible risks and benefits of a recommended medication and the use of standardized consent forms designated by the Department. Each form developed by the Department (i) shall be written in plain language, (ii) shall be able to be downloaded from the Department's official website, (iii) shall include information specific to the psychotropic medication for which consent is being sought, and (iv) shall be used for every resident for whom psychotropic drugs are prescribed. In addition to creating those forms, the Department shall approve the use of any other informed consent forms that meet criteria developed by the Department.In addition to any other requirement prescribed by law, a facility that is found to have violated this subsection or the federal certification requirement that informed consent be obtained before administering a psychotropic medication shall for 3 years after the notice of violation be required to (A) obtain the signatures of 2 licensed health care professionals on every form purporting to give informed consent for the administration of a psychotropic medication, certifying the personal knowledge of each health care professional that the consent was obtained in compliance with the requirements of this subsection or (B) videotape or make a digital video record of the procedures followed by the facility to comply with the requirements of this subsection.(c) The requirements of this Section are intended to control in a conflict with the requirements of Sections 2-102 and 2-107.2 of the Mental Health and Developmental Disabilities Code with respect to the administration of psychotropic medication.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/2-106a)Sec. 2-106a. Resident identification wristlet. No identification wristlets shall be employed except as ordered by a physician who documents the need for such mandatory identification in the resident's clinical record. When identification bracelets are required, they must identify the resident's name, and the name and address of the facility issuing the identification wristlet.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-107)Sec. 2-107. Abuse or neglect; duty to report. An owner, licensee, administrator, employee or agent of a facility shall not abuse or neglect a resident. It is the duty of any facility employee or agent who becomes aware of such abuse or neglect to report it as provided in the Abused and Neglected Long Term Care Facility Residents Reporting Act. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-108)Sec. 2-108. Communications; visits; married residents. Every resident shall be permitted unimpeded, private and uncensored communication of his or her choice by mail, public telephone or visitation.(a) The administrator shall ensure that correspondence is conveniently received and mailed, and that telephones are reasonably accessible.(b) The administrator shall ensure that residents may have private visits at any reasonable hour unless such visits are not medically advisable for the resident as documented in the resident's clinical record by the resident's physician.(c) The administrator shall ensure that space for visits is available and that facility personnel knock, except in an emergency, before entering any resident's room.(d) Unimpeded, private and uncensored communication by mail, public telephone and visitation may be reasonably restricted by a physician only in order to protect the resident or others from harm, harassment or intimidation, provided that the reason for any such restriction is placed in the resident's clinical record by the physician and that notice of such restriction shall be given to all residents upon admission. However, all letters addressed by a resident to the Governor, members of the General Assembly, Attorney General, judges, state's attorneys, officers of the Department, or licensed attorneys at law shall be forwarded at once to the persons to whom they are addressed without examination by facility personnel. Letters in reply from the officials and attorneys mentioned above shall be delivered to the recipient without examination by facility personnel.(e) The administrator shall ensure that married residents residing in the same facility be allowed to reside in the same room within the facility unless there is no room available in the facility or it is deemed medically inadvisable by the residents' attending physician and so documented in the residents' medical records.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-109)Sec. 2-109. Religion. A resident shall be permitted the free exercise of religion. Upon a resident's request, and if necessary at the resident's expense, the administrator shall make arrangements for a resident's attendance at religious services of the resident's choice. However, no religious beliefs or practices, or attendance at religious services, may be imposed upon any resident. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-110)Sec. 2-110. Access to residents.(a) Any employee or agent of a public agency, any representative of a community legal services program or any other member of the general public shall be permitted access at reasonable hours to any individual resident of any facility, but only if there is neither a commercial purpose nor effect to such access and if the purpose is to do any of the following:(1) Visit, talk with and make personal, social and         legal services available to all residents;(2) Inform residents of their rights and entitlements         and their corresponding obligations, under federal and State laws, by means of educational materials and discussions in groups and with individual residents;(3) Assist residents in asserting their legal rights         regarding claims for public assistance, medical assistance and social security benefits, as well as in all other matters in which residents are aggrieved. Assistance may include counseling and litigation; or(4) Engage in other methods of asserting, advising         and representing residents so as to extend to them full enjoyment of their rights.(a-5) If a resident of a licensed facility is an identified offender, any federal, State, or local law enforcement officer or county probation officer shall be permitted reasonable access to the individual resident to verify compliance with the requirements of the Sex Offender Registration Act or to verify compliance with applicable terms of probation, parole, aftercare release, or mandatory supervised release.(b) All persons entering a facility under this Section shall promptly notify appropriate facility personnel of their presence. They shall, upon request, produce identification to establish their identity. No such person shall enter the immediate living area of any resident without first identifying himself or herself and then receiving permission from the resident to enter. The rights of other residents present in the room shall be respected. A resident may terminate at any time a visit by a person having access to the resident's living area under this Section.(c) This Section shall not limit the power of the Department or other public agency otherwise permitted or required by law to enter and inspect a facility.(d) Notwithstanding paragraph (a) of this Section, the administrator of a facility may refuse access to the facility to any person if the presence of that person in the facility would be injurious to the health and safety of a resident or would threaten the security of the property of a resident or the facility, or if the person seeks access to the facility for commercial purposes. Any person refused access to a facility may within 10 days request a hearing under Section 3-703. In that proceeding, the burden of proof as to the right of the facility to refuse access under this Section shall be on the facility.

(Source: P.A. 98-558, eff. 1-1-14.) (210 ILCS 47/2-111)Sec. 2-111. Discharge. A resident may be discharged from a facility after he or she gives the administrator, a physician, or a nurse of the facility written notice of his or her desire to be discharged. If a guardian has been appointed for a resident or if the resident is a minor, the resident shall be discharged upon written consent of his or her guardian or if the resident is a minor, his or her parent unless there is a court order to the contrary. In such cases, upon the resident's discharge, the facility is relieved from any responsibility for the resident's care, safety or well being. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-112)Sec. 2-112. Grievances. A resident shall be permitted to present grievances on behalf of himself or herself or others to the administrator, the DD Facility Advisory Board established under Section 2-204 of this Act, the residents' advisory council, State governmental agencies or other persons without threat of discharge or reprisal in any form or manner whatsoever. The administrator shall provide all residents or their representatives with the name, address, and telephone number of the appropriate State governmental office where complaints may be lodged. (Source: P.A. 96-339, eff. 7-1-10; 96-1146, eff. 7-21-10.) (210 ILCS 47/2-113)Sec. 2-113. Labor. A resident may refuse to perform labor for a facility.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-114)Sec. 2-114. Unlawful discrimination. No resident shall be subjected to unlawful discrimination as defined in Section 1-103 of the Illinois Human Rights Act by any owner, licensee, administrator, employee, or agent of a facility. Unlawful discrimination does not include an action by any owner, licensee, administrator, employee, or agent of a facility that is required by this Act or rules adopted under this Act.
(Source: P.A. 97-38, eff. 6-28-11.) (210 ILCS 47/2-115)Sec. 2-115. Right to notification of violations. Residents and their guardians or other resident representatives, if any, shall be notified of any violation of this Act or the rules promulgated thereunder pursuant to Section 2-217 of this Act, or of violations of the requirements of Titles XVIII or XIX of the Social Security Act or rules promulgated thereunder, with respect to the health, safety, or welfare of the resident.
(Source: P.A. 97-38, eff. 6-28-11.) (210 ILCS 47/2-116)Sec. 2-116. Authorized electronic monitoring of a resident's room. A resident shall be permitted to conduct authorized electronic monitoring of the resident's room through the use of electronic monitoring devices placed in the room pursuant to the Authorized Electronic Monitoring in Long-Term Care Facilities Act.
(Source: P.A. 99-430, eff. 1-1-16.) (210 ILCS 47/Art. II Pt. 2 heading) 
			
		
		PART 2.  
		RESPONSIBILITIES
		(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-201)Sec. 2-201. Residents' funds. To protect the residents' funds, the facility:(1) Shall at the time of admission provide, in order of priority, each resident, or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any, with a written statement explaining to the resident and to the resident's spouse (a) their spousal impoverishment rights, as defined at Section 5-4 of the Illinois Public Aid Code, and at Section 303 of Title III of the Medicare Catastrophic Coverage Act of 1988 (P.L. 100-360), and (b) the resident's rights regarding personal funds and listing the services for which the resident will be charged. The facility shall obtain a signed acknowledgment from each resident or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any, that such person has received the statement.(2) May accept funds from a resident for safekeeping and managing, if it receives written authorization from, in order of priority, the resident or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any; such authorization shall be attested to by a witness who has no pecuniary interest in the facility or its operations, and who is not connected in any way to facility personnel or the administrator in any manner whatsoever.(3) Shall maintain and allow, in order of priority, each resident or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any, access to a written record of all financial arrangements and transactions involving the individual resident's funds.(4) Shall provide, in order of priority, each resident, or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any, with a written itemized statement at least quarterly, of all financial transactions involving the resident's funds.(5) Shall purchase a surety bond, or otherwise provide assurance satisfactory to the Departments of Public Health and Financial and Professional Regulation that all residents' personal funds deposited with the facility are secure against loss, theft, and insolvency.(6) Shall keep any funds received from a resident for safekeeping in an account separate from the facility's funds, and shall at no time withdraw any part or all of such funds for any purpose other than to return the funds to the resident upon the request of the resident or any other person entitled to make such request, to pay the resident his or her allowance, or to make any other payment authorized by the resident or any other person entitled to make such authorization.(7) Shall deposit any funds received from a resident in excess of $100 in an interest bearing account insured by agencies of, or corporations chartered by, the State or federal government. The account shall be in a form which clearly indicates that the facility has only a fiduciary interest in the funds and any interest from the account shall accrue to the resident. The facility may keep up to $100 of a resident's money in a non-interest-bearing account or petty cash fund, to be readily available for the resident's current expenditures.(8) Shall return to the resident, or the person who executed the written authorization required in subsection (2) of this Section, upon written request, all or any part of the resident's funds given the facility for safekeeping, including the interest accrued from deposits.(9) Shall (a) place any monthly allowance to which a resident is entitled in that resident's personal account, or give it to the resident, unless the facility has written authorization from the resident or the resident's guardian or if the resident is a minor, his parent, to handle it differently, (b) take all steps necessary to ensure that a personal needs allowance that is placed in a resident's personal account is used exclusively by the resident or for the benefit of the resident, and (c) where such funds are withdrawn from the resident's personal account by any person other than the resident, require such person to whom funds constituting any part of a resident's personal needs allowance are released, to execute an affidavit that such funds shall be used exclusively for the benefit of the resident.(10) Unless otherwise provided by State law, upon the death of a resident, shall provide the executor or administrator of the resident's estate with a complete accounting of all the resident's personal property, including any funds of the resident being held by the facility.(11) If an adult resident is incapable of managing his or her funds and does not have a resident's representative, guardian, or an immediate family member, shall notify the Office of the State Guardian of the Guardianship and Advocacy Commission.(12) If the facility is sold, shall provide the buyer with a written verification by a public accountant of all residents' monies and properties being transferred, and obtain a signed receipt from the new owner.

(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.) (210 ILCS 47/2-201.5)Sec. 2-201.5. Screening prior to admission.(a) All persons age 18 or older seeking admission to a facility must be screened to determine the need for facility services prior to being admitted, regardless of income, assets, or funding source. In addition, any person who seeks to become eligible for medical assistance from the Medical Assistance Program under the Illinois Public Aid Code to pay for services while residing in a facility must be screened prior to receiving those benefits. Screening for facility services shall be administered through procedures established by administrative rule. Screening may be done by agencies other than the Department as established by administrative rule.(a-1) Any screening shall also include an evaluation of whether there are residential supports and services or an array of community services that would enable the person to live in the community. The person shall be told about the existence of any such services that would enable the person to live safely and humanely in the least restrictive environment, that is appropriate, that the individual or guardian chooses, and the person shall be given the assistance necessary to avail himself or herself of any available services.(b) In addition to the screening required by subsection (a), a facility shall, within 24 hours after admission, request a criminal history background check pursuant to the Uniform Conviction Information Act for all persons age 18 or older seeking admission to the facility. Background checks conducted pursuant to this Section shall be based on the resident's name, date of birth, and other identifiers as required by the Illinois State Police. If the results of the background check are inconclusive, the facility shall initiate a fingerprint-based check, unless the fingerprint-based check is waived by the Director of Public Health based on verification by the facility that the resident is completely immobile or that the resident meets other criteria related to the resident's health or lack of potential risk which may be established by Departmental rule. A waiver issued pursuant to this Section shall be valid only while the resident is immobile or while the criteria supporting the waiver exist. The facility shall provide for or arrange for any required fingerprint-based checks. If a fingerprint-based check is required, the facility shall arrange for it to be conducted in a manner that is respectful of the resident's dignity and that minimizes any emotional or physical hardship to the resident.(c) If the results of a resident's criminal history background check reveal that the resident is an identified offender as defined in Section 1-114.01 of this Act, the facility shall do the following:(1) Immediately notify the Illinois State Police, in     the form and manner required by the Illinois State Police, in collaboration with the Department of Public Health, that the resident is an identified offender.(2) Within 72 hours, arrange for a fingerprint-based     criminal history record inquiry to be requested on the identified offender resident. The inquiry shall be based on the subject's name, sex, race, date of birth, fingerprint images, and other identifiers required by the Illinois State Police. The inquiry shall be processed through the files of the Illinois State Police and the Federal Bureau of Investigation to locate any criminal history record information that may exist regarding the subject. The Federal Bureau of Investigation shall furnish to the Illinois State Police, pursuant to an inquiry under this paragraph (2), any criminal history record information contained in its files. The facility shall comply with all applicable provisions contained in the Uniform Conviction Information Act. All name-based and fingerprint-based criminal history record inquiries shall be submitted to the Illinois State Police electronically in the form and manner prescribed by the Illinois State Police. The Illinois State Police may charge the facility a fee for processing name-based and fingerprint-based criminal history record inquiries. The fee shall be deposited into the State Police Services Fund. The fee shall not exceed the actual cost of processing the inquiry.(d) The Department shall develop and maintain a de-identified database of residents who have injured facility staff, facility visitors, or other residents, and the attendant circumstances, solely for the purposes of evaluating and improving resident pre-screening and assessment procedures (including the Criminal History Report prepared under Section 2-201.6 of this Act) and the adequacy of Department requirements concerning the provision of care and services to residents. A resident shall not be listed in the database until a Department survey confirms the accuracy of the listing. The names of persons listed in the database and information that would allow them to be individually identified shall not be made public. Neither the Department nor any other agency of State government may use information in the database to take any action against any individual, licensee, or other entity unless the Department or agency receives the information independent of this subsection (d). All information collected, maintained, or developed under the authority of this subsection (d) for the purposes of the database maintained under this subsection (d) shall be treated in the same manner as information that is subject to Part 21 of Article VIII of the Code of Civil Procedure. (Source: P.A. 102-538, eff. 8-20-21.) (210 ILCS 47/2-201.6)Sec. 2-201.6. Criminal History Report.(a) The Illinois State Police shall prepare a Criminal History Report when it receives information, through the criminal history background check required pursuant to subsection (c) of Section 2-201.5 or through any other means, that a resident of a facility is an identified offender.(b) The Illinois State Police shall complete the Criminal History Report within 10 business  days after receiving any information described under subsection (a) of this Act that a resident is an identified offender.(c) The Criminal History Report shall include, but not be limited to, all of the following:(1) Copies of the identified offender's parole,     mandatory supervised release, or probation orders.(2) An interview with the identified offender.(3) A detailed summary of the entire criminal history     of the offender, including arrests, convictions, and the date of the identified offender's last conviction relative to the date of admission to a long-term care facility.(4) If the identified offender is a convicted or     registered sex offender, then a review of any and all sex offender evaluations conducted on that offender. If there is no sex offender evaluation available, then the Illinois State Police shall arrange, through the Department of Public Health, for a sex offender evaluation to be conducted on the identified offender. If the convicted or registered sex offender is under supervision by the Illinois Department of Corrections or a county probation department, then the sex offender evaluation shall be arranged by and at the expense of the supervising agency. All evaluations conducted on convicted or registered sex offenders under this Act shall be conducted by sex offender evaluators approved by the Sex Offender Management Board.(d) The Illinois State Police shall provide the Criminal History Report to a licensed forensic psychologist. The licensed forensic psychologist shall prepare an Identified Offender Report and Recommendation after (i) consideration of the Criminal History Report, (ii) consultation with the facility administrator or the facility medical director, or both, regarding the mental and physical condition of the identified offender, and (iii) reviewing the facility's file on the identified offender, including all incident reports, all information regarding medication and medication compliance, and all information regarding previous discharges or transfers from other facilities. The Identified Offender Report and Recommendation shall detail whether and to what extent the identified offender's criminal history necessitates the implementation of security measures within the facility. If the identified offender is a convicted or registered sex offender, or if the Identified Offender Report and Recommendation reveals that the identified offender poses a significant risk of harm to others within the facility, then the offender shall be required to have his or her own room within the facility.(e) The licensed forensic psychologist shall complete the Identified Offender Report and Recommendation within 14 business days after receiving the Criminal History
Report and shall promptly provide the Identified Offender Report and Recommendation to the Illinois State Police, which shall provide the Identified Offender Report and
Recommendation to the following:(1) The facility within which the identified offender     resides.(2) The Chief of Police of the municipality in which     the facility is located.(3) The State of Illinois Long Term Care Ombudsman.(4) The Department of Public Health.(f) The Department of Public Health shall keep a continuing record of all residents determined to be identified offenders as defined in Section 1-114.01 and shall report the
number of identified offender residents annually to the General
Assembly.(g) The facility shall incorporate the Identified Offender Report and Recommendation into the identified offender's individual program plan created pursuant to 42 CFR 483.440(c).(h) If, based on the Identified Offender Report and Recommendation, a facility determines that it cannot manage the identified offender resident safely within the facility, then it shall commence involuntary transfer or discharge proceedings pursuant to Section 3-402.(i) Except for willful and wanton misconduct, any person authorized to participate in the development of a Criminal History Report or Identified Offender Report and Recommendation is immune from criminal or civil liability for any acts or omissions as the result of his or her good faith effort to comply with this Section.
(Source: P.A. 102-538, eff. 8-20-21.) (210 ILCS 47/2-202)Sec. 2-202. Contract required.(a) Before a person is admitted to a facility, or at the expiration of the period of previous contract, or when the source of payment for the resident's care changes from private to public funds or from public to private funds, a written contract shall be executed between a licensee and the following in order of priority:(1) the person, or if the person is a minor, his         parent or guardian; or(2) the person's guardian, if any, or agent, if any,         as defined in Section 2-3 of the Illinois Power of Attorney Act; or(3) a member of the person's immediate family.An adult person shall be presumed to have the capacity to contract for admission to a long term care facility unless he or she has been adjudicated a "person with a disability" within the meaning of Section 11a-2 of the Probate Act of 1975, or unless a petition for such an adjudication is pending in a circuit court of Illinois.If there is no guardian, agent or member of the person's immediate family available, able or willing to execute the contract required by this Section and a physician determines that a person is so disabled as to be unable to consent to placement in a facility, or if a person has already been found to be a "person with a disability", but no order has been entered allowing residential placement of the person, that person may be admitted to a facility before the execution of a contract required by this Section; provided that a petition for guardianship or for modification of guardianship is filed within 15 days of the person's admission to a facility, and provided further that such a contract is executed within 10 days of the disposition of the petition.No adult shall be admitted to a facility if he or she objects, orally or in writing, to such admission, except as otherwise provided in Chapters III and IV of the Mental Health and Developmental Disabilities Code or Section 11a-14.1 of the Probate Act of 1975.Before a licensee enters a contract under this Section, it shall provide the prospective resident and his or her guardian, if any, with written notice of the licensee's policy regarding discharge of a resident whose private funds for payment of care are exhausted.(b) A resident shall not be discharged or transferred at the expiration of the term of a contract, except as provided in Sections 3-401 through 3-423.(c) At the time of the resident's admission to the facility, a copy of the contract shall be given to the resident, his or her guardian, if any, and any other person who executed the contract.(d) A copy of the contract for a resident who is supported by nonpublic funds other than the resident's own funds shall be made available to the person providing the funds for the resident's support.(e) The original or a copy of the contract shall be maintained in the facility and be made available upon request to representatives of the Department and the Department of Healthcare and Family Services.(f) The contract shall be written in clear and unambiguous language and shall be printed in not less than 12-point type. The general form of the contract shall be prescribed by the Department.(g) The contract shall specify:(1) the term of the contract;(2) the services to be provided under the contract         and the charges for the services;(3) the services that may be provided to supplement         the contract and the charges for the services;(4) the sources liable for payments due under the         contract;(5) the amount of deposit paid; and(6) the rights, duties and obligations of the         resident, except that the specification of a resident's rights may be furnished on a separate document which complies with the requirements of Section 2-211.(h) The contract shall designate the name of the resident's representative, if any. The resident shall provide the facility with a copy of the written agreement between the resident and the resident's representative which authorizes the resident's representative to inspect and copy the resident's records and authorizes the resident's representative to execute the contract on behalf of the resident required by this Section.(i) The contract shall provide that if the resident is compelled by a change in physical or mental health to leave the facility, the contract and all obligations under it shall terminate on 7 days' notice. No prior notice of termination of the contract shall be required, however, in the case of a resident's death. The contract shall also provide that in all other situations, a resident may terminate the contract and all obligations under it with 30 days' notice. All charges shall be prorated as of the date on which the contract terminates, and, if any payments have been made in advance, the excess shall be refunded to the resident. This provision shall not apply to life care contracts through which a facility agrees to provide maintenance and care for a resident throughout the remainder of his life nor to continuing care contracts through which a facility agrees to supplement all available forms of financial support in providing maintenance and care for a resident throughout the remainder of his or her life.(j) In addition to all other contract specifications contained in this Section admission contracts shall also specify:(1) whether the facility accepts Medicaid clients;(2) whether the facility requires a deposit of the         resident or his or her family prior to the establishment of Medicaid eligibility;(3) in the event that a deposit is required, a clear         and concise statement of the procedure to be followed for the return of such deposit to the resident or the appropriate family member or guardian of the person;(4) that all deposits made to a facility by a         resident, or on behalf of a resident, shall be returned by the facility within 30 days of the establishment of Medicaid eligibility, unless such deposits must be drawn upon or encumbered in accordance with Medicaid eligibility requirements established by the Department of Healthcare and Family Services.(k) It shall be a business offense for a facility to knowingly and intentionally both retain a resident's deposit and accept Medicaid payments on behalf of that resident.
(Source: P.A. 99-143, eff. 7-27-15.) (210 ILCS 47/2-203)Sec. 2-203. Residents' advisory council. Each facility shall establish a residents' advisory council. The administrator shall designate a member of the facility staff to coordinate the establishment of, and render assistance to, the council.(a) The composition of the residents' advisory council shall be specified by Department regulation, but no employee or affiliate of a facility shall be a member of any council.(b) The council shall meet at least once each month with the staff coordinator who shall provide assistance to the council in preparing and disseminating a report of each meeting to all residents, the administrator, and the staff.(c) Records of the council meetings will be maintained in the office of the administrator.(d) The residents' advisory council may communicate to the administrator the opinions and concerns of the residents. The council shall review procedures for implementing resident rights, facility responsibilities and make recommendations for changes or additions which will strengthen the facility's policies and procedures as they affect residents' rights and facility responsibilities.(e) The council shall be a forum for:(1) Obtaining and disseminating information;(2) Soliciting and adopting recommendations for     facility programing and improvements;(3) Early identification and for recommending orderly     resolution of problems.(f) The council may present complaints as provided in Section 3-702 on behalf of a resident to the Department, the DD Facility Advisory Board established under Section 2-204 of this Act or to any other person it considers appropriate.
(Source: P.A. 96-339, eff. 7-1-10; 96-1146, eff. 7-21-10.) (210 ILCS 47/2-204)Sec. 2-204. DD Facility Advisory Board. The Director shall appoint a DD Facility Advisory Board to consult with the Department and the residents' advisory councils created under Section 2-203.(a) The Advisory Board shall be composed of the following persons:(1) the Director who shall serve as chairperson, ex          officio, and nonvoting;(2) one representative each of the Department of          Healthcare and Family Services, the Department of Human Services, and the Office of the State Fire Marshal, all nonvoting members;(3) one member who shall be a physician licensed to          practice medicine in all its branches;(4) one member who shall be a behavioral specialist          selected from the recommendations of the Department of Human Services;(5) three members who shall be selected from the          recommendations by organizations whose membership consists of facilities;(6) two members who shall represent the general          public who are not members of a residents' advisory council established under Section 2-203 and who have no responsibility for management or formation of policy or financial interest in a facility;(7) one member who is a member of a residents'          advisory council established under Section 2-203 and is capable of actively participating on the Advisory Board; and(8) one member who shall be selected from the          recommendations of consumer organizations that engage solely in advocacy or legal representation on behalf of residents and their immediate families.(b) The Advisory Board shall meet as frequently as the chairperson deems necessary, but not less than 4 times each year. Upon request by 4 or more members, the chairperson shall call a meeting of the Advisory Board. The affirmative vote of 6 members of the Advisory Board shall be necessary for Advisory Board action. A member of the Advisory Board may designate a replacement to serve at the Advisory Board meeting and vote in place of the member by submitting a letter of designation to the chairperson prior to or at the Advisory Board meeting. The Advisory Board members shall be reimbursed for their actual expenses incurred in the performance of their duties.(c) The Advisory Board shall advise the Department of Public Health on all aspects of its responsibilities under this Act, including the format and content of any rules promulgated by the Department of Public Health. Any such rules, except emergency rules promulgated pursuant to Section 5-45 of the Illinois Administrative Procedure Act, promulgated without obtaining the advice of the Advisory Board are null and void. If the Department fails to follow the advice of the Advisory Board, the Department shall, prior to the promulgation of such rules, transmit a written explanation of the reason therefor to the Advisory Board. During its review of rules, the Advisory Board shall analyze the economic and regulatory impact of those rules. If the Advisory Board, having been asked for its advice, fails to advise the Department within 90 days, the rules shall be considered acted upon.
(Source: P.A. 96-339, eff. 7-1-10; 96-1146, eff. 7-21-10.) (210 ILCS 47/2-205)Sec. 2-205. Disclosure of information to public. The following information is subject to disclosure to the public from the Department or the Department of Healthcare and Family Services:(1) Information submitted under Sections 3-103 and     3-207 except information concerning the remuneration of personnel licensed, registered, or certified by the Department of Financial and Professional Regulation (as successor to the Department of Professional Regulation) and monthly charges for an individual private resident;(2) Records of license and certification inspections,     surveys, and evaluations of facilities, other reports of inspections, surveys, and evaluations of resident care,  whether a facility is designated a distressed facility and the basis for the designation, and reports concerning a facility prepared pursuant to Titles XVIII and XIX of the Social Security Act, subject to the provisions of the Social Security Act;(3) Cost and reimbursement reports submitted by a     facility under Section 3-208, reports of audits of facilities, and other public records concerning costs incurred by, revenues received by, and reimbursement of facilities; and(4) Complaints filed against a facility and complaint     investigation reports, except that a complaint or complaint investigation report shall not be disclosed to a person other than the complainant or complainant's representative before it is disclosed to a facility under Section 3-702, and, further, except that a complainant or resident's name shall not be disclosed except under Section 3-702.     The Department shall disclose information under this Section in accordance with provisions for inspection and copying of public records required by the Freedom of Information Act.     However, the disclosure of information described in subsection (1) shall not be restricted by any provision of the Freedom of Information Act. (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/2-206)Sec. 2-206. Confidentiality of records.(a) The Department shall respect the confidentiality of a resident's record and shall not divulge or disclose the contents of a record in a manner which identifies a resident, except upon a resident's death to a relative or guardian, or under judicial proceedings. This Section shall not be construed to limit the right of a resident to inspect or copy the resident's records.(b) Confidential medical, social, personal, or financial information identifying a resident shall not be available for public inspection in a manner which identifies a resident.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-207)Sec. 2-207. Directories for public health regions; information concerning facility costs and policies.(a) Each year the Department shall publish a Directory for each public health region listing facilities to be made available to the public and be available at all Department offices. The Department may charge a fee for the Directory. The Directory shall contain, at a minimum, the following information:(1) The name and address of the facility;(2) The number and type of licensed beds;(3) The name of the cooperating hospital, if any;(4) The name of the administrator;(5) The facility telephone number; and(6) Membership in a provider association and     accreditation by any such organization.(b) Detailed information concerning basic costs for care and operating policies shall be available to the public upon request at each facility. However, a facility may refuse to make available any proprietary operating policies to the extent such facility reasonably believes such policies may be revealed to a competitor.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-208)Sec. 2-208. Notice of imminent death, unusual incident, abuse, or neglect.(a) A facility shall immediately notify the identified resident's next of kin, guardian, resident's representative, and physician of the resident's death or when the resident's death appears to be imminent. A facility shall immediately notify the Department by telephone of a resident's death within 24 hours after the resident's death.  The facility shall notify the Department of the death of a facility's resident that does not occur in the facility immediately upon learning of the death.  A facility shall promptly notify the coroner or medical examiner of a resident's death in a manner and form to be determined by the Department after consultation with the coroner or medical examiner of the county in which the facility is located.  In addition to notice to the Department by telephone, the Department shall require the facility to submit written notification of the death of a resident within 72 hours after the death, including a report of any medication errors or other incidents that occurred within 30 days of the resident's death. A facility's failure to comply with this Section shall constitute a Type "B" violation.(b) A facility shall immediately notify the resident's next of kin, guardian, or resident representative of any unusual incident, abuse, or neglect involving the resident. A facility shall immediately notify the Department by telephone of any unusual incident, abuse, or neglect required to be reported pursuant to State law or administrative rule.  In addition to notice to the Department by telephone, the Department shall require the facility to submit written notification of any unusual incident, abuse, or neglect within one day after the unusual incident, abuse, or neglect occurring.  A facility's failure to comply with this Section shall constitute a Type "B" violation. For purposes of this Section, "unusual incident" means serious injury; unscheduled hospital visit for treatment of serious injury; 9-1-1 calls for emergency services directly relating to a resident threat; or stalking of staff or person served that raises health or safety concerns. 
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/2-209)Sec. 2-209. Number of residents. A facility shall admit only that number of residents for which it is licensed. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-210)Sec. 2-210. Policies and procedures. A facility shall establish written policies and procedures to implement the responsibilities and rights provided in this Article. The policies shall include the procedure for the investigation and resolution of resident complaints as set forth under Section 3-702. The policies and procedures shall be clear and unambiguous and shall be available for inspection by any person. A summary of the policies and procedures, printed in not less than 12-point type, shall be distributed to each resident and representative. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-211)Sec. 2-211. Explanation of rights. Each resident and resident's guardian or other person acting for the resident shall be given a written explanation, prepared by the Office of the State Long Term Care Ombudsman, of all the rights enumerated in Part 1 of this Article and in Part 4 of Article III. For residents of facilities participating in Title XVIII or XIX of the Social Security Act, the explanation shall include an explanation of residents' rights enumerated in that Act. The explanation shall be given at the time of admission to a facility or as soon thereafter as the condition of the resident permits, but in no event later than 48 hours after admission, and again at least annually thereafter. At the time of the implementation of this Act each resident shall be given a written summary of all the rights enumerated in Part 1 of this Article.If a resident is unable to read such written explanation, it shall be read to the resident in a language the resident understands. In the case of a minor or a person having a guardian or other person acting for him or her, both the resident and the parent, guardian or other person acting for the resident shall be fully informed of these rights.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-212)Sec. 2-212. Staff familiarity with rights and responsibilities. The facility shall ensure that its staff is familiar with and observes the rights and responsibilities enumerated in this Article. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-213)Sec. 2-213. Vaccinations.(a) A facility shall annually administer or arrange for administration of a vaccination against influenza to each resident, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention that are most recent to the time of vaccination, unless the vaccination is medically contraindicated or the resident has refused the vaccine. Influenza vaccinations for all residents age 65 and over shall be completed by November 30 of each year or as soon as practicable if vaccine supplies are not available before November 1. Residents admitted after November 30, during the flu season, and until February 1 shall, as medically appropriate, receive an influenza vaccination prior to or upon admission or as soon as practicable if vaccine supplies are not available at the time of the admission, unless the vaccine is medically contraindicated or the resident has refused the vaccine. In the event that the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention determines that dates of administration other than those stated in this Act are optimal to protect the health of residents, the Department is authorized to develop rules to mandate vaccinations at those times rather than the times stated in this Act. A facility shall document in the resident's medical record that an annual vaccination against influenza was administered, arranged, refused or medically contraindicated.(b) A facility shall administer or arrange for administration of a pneumococcal vaccination to each resident, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, who has not received this immunization prior to or upon admission to the facility, unless the resident refuses the offer for vaccination or the vaccination is medically contraindicated. A facility shall document in each resident's medical record that a vaccination against pneumococcal pneumonia was offered and administered, arranged, refused, or medically contraindicated.

(Source: P.A. 98-271, eff. 1-1-14.) (210 ILCS 47/2-214)Sec. 2-214. Consumer Choice Information Reports.(a) Every facility shall complete a Consumer Choice Information Report and shall file it with the Office of State Long Term Care Ombudsman electronically as prescribed by the Office. The Report shall be filed annually and upon request of the Office of State Long Term Care Ombudsman.  The Consumer Choice Information Report must be completed by the facility in full.(b) A violation of any of the provisions of this Section constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for the enforcement of this Section.(c) The Department of Public Health shall include verification of the submission of a facility's current Consumer Choice Information Report when conducting an inspection pursuant to Section 3-212.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-216)Sec. 2-216. Notification of identified offenders. If identified offenders are residents of the licensed facility, the licensed facility shall notify every resident or resident's guardian in writing that such offenders are residents of the licensed facility. The licensed facility shall also provide notice to its employees and to visitors to the facility that identified offenders are residents. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/2-217)Sec. 2-217. Notification of violations.  When the Department issues any notice pursuant to Section 3-119, 3-119.1, 3-301, 3-303, 3-307, or 3-702 of this Act or a notice of federal Medicaid certification deficiencies, the facility shall provide notification of the violations and deficiencies within 10 days after receiving a notice described within this Section to every resident and the resident's representative or guardian identified or referred to anywhere within the Department notice or the CMS 2567 as having received care or services that violated State or federal standards. The  notification shall include a Department-prescribed notification letter as determined by rule and a copy of the notice and CMS 2567, if any, issued by the Department. A facility's failure to provide notification pursuant to this Section to a resident and the resident's representative or guardian, if any, shall constitute a Type "B" violation.
(Source: P.A. 97-38, eff. 6-28-11.) (210 ILCS 47/2-218)Sec. 2-218. (Repealed).
	 
	 (Source: P.A. 97-38, eff. 6-28-11. Repealed by P.A. 99-180, eff. 7-29-15.)
(210 ILCS 47/Art. III heading) ARTICLE III.
 LICENSING, ENFORCEMENT, VIOLATIONS, PENALTIES, AND REMEDIES
(Source: P.A. 96-339, eff. 7-1-10; 97-333, eff. 8-12-11.) (210 ILCS 47/Art. III Pt. 1 heading) 
			
		
		PART 1.  
		LICENSING
		(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-101)Sec. 3-101. Licensure system. The Department shall establish a comprehensive system of licensure for facilities in accordance with this Act for the purposes of:(1) Protecting the health, welfare, and safety of     residents; and(2) Assuring the accountability for reimbursed care     provided in certified facilities participating in a federal or State health program. (Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-102)Sec. 3-102. Necessity of license. No person may establish, operate, maintain, offer or advertise a facility within this State unless and until he or she obtains a valid license therefore as hereinafter provided, which license remains unsuspended, unrevoked and unexpired. No public official or employee may place any person in, or recommend that any person be placed in, or directly or indirectly cause any person to be placed in any facility which is being operated without a valid license. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-102.1)Sec. 3-102.1. Denial of Department access to facility. If the Department is denied access to a facility or any other place which it reasonably believes is required to be licensed as a facility under this Act, it shall request intervention of local, county or State law enforcement agencies to seek an appropriate court order or warrant to examine or interview the residents of such facility. Any person or entity preventing the Department from carrying out its duties under this Section shall be guilty of a violation of this Act and shall be subject to such penalties related thereto.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-103)Sec. 3-103. Application for license; financial statement.    The procedure for obtaining a valid license shall be as follows:(1) Application to operate a facility shall be made     to the Department on forms furnished by the Department.(2) All license applications shall be accompanied     with an application fee. The fee for an annual license shall be $995. Facilities that pay a fee or assessment pursuant to Article V-C of the Illinois Public Aid Code shall be exempt from the license fee imposed under this item (2). The fee for a 2-year license shall be double the fee for the annual license set forth in the preceding sentence. The fees collected shall be deposited with the State Treasurer into the Long Term Care Monitor/Receiver Fund, which has been created as a special fund in the State treasury. This special fund is to be used by the Department for expenses related to the appointment of monitors and receivers as contained in Sections 3-501 through 3-517. At the end of each fiscal year, any funds in excess of $1,000,000 held in the Long Term Care Monitor/Receiver Fund shall be deposited in the State's General Revenue Fund. The application shall be under oath and the submission of false or misleading information shall be a Class A misdemeanor. The application shall contain the following information:(a) The name and address of the applicant if an             individual, and if a firm, partnership, or association, of every member thereof, and in the case of a corporation, the name and address thereof and of its officers and its registered agent, and in the case of a unit of local government, the name and address of its chief executive officer;(b) The name and location of the facility for         which     a license is sought;(c) The name of the person or persons under whose             management or supervision the facility will be conducted;(d) The number and type of residents for which             maintenance, personal care, or nursing is to be provided; and(e) Such information relating to the number,             experience, and training of the employees of the facility, any management agreements for the operation of the facility, and of the moral character of the applicant and employees as the Department may deem necessary.(3) Each initial application shall be accompanied by     a financial statement setting forth the financial condition of the applicant and by a statement from the unit of local government having zoning jurisdiction over the facility's location stating that the location of the facility is not in violation of a zoning ordinance. An initial application for a new facility shall be accompanied by a permit as required by the Illinois Health Facilities Planning Act. After the application is approved, the applicant shall advise the Department every 6 months of any changes in the information originally provided in the application.(4) Other information necessary to determine the     identity and qualifications of an applicant to operate a facility in accordance with this Act shall be included in the application as required by the Department in regulations.(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-104)Sec. 3-104. Licensing and regulation by municipality. Any city, village or incorporated town may by ordinance provide for the licensing and regulation of a facility or any classification of such facility, as defined herein, within such municipality, provided that the ordinance requires compliance with at least the minimum requirements established by the Department under this Act. The licensing and enforcement provisions of the municipality shall fully comply with this Act, and the municipality shall make available information as required by this Act. Such compliance shall be determined by the Department subject to review as provided in Section 3-703. Section 3-703 shall also be applicable to the judicial review of final administrative decisions of the municipality under this Act. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-105)Sec. 3-105. Reports by municipality. Any city, village or incorporated town which has or may have ordinances requiring the licensing and regulation of facilities with at least the minimum standards established by the Department under this Act, shall make such periodic reports to the Department as the Department deems necessary. This report shall include a list of those facilities licensed by such municipality, the number of beds of each facility and the date the license of each facility is effective. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-106)Sec. 3-106. Issuance of license to holder of municipal license.(a) Upon receipt of notice and proof from an applicant or licensee that he has received a license or renewal thereof from a city, village or incorporated town, accompanied by the required license or renewal fees, the Department shall issue a license or renewal license to such person. The Department shall not issue a license hereunder to any person who has failed to qualify for a municipal license. If the issuance of a license by the Department antedates regulatory action by a municipality, the municipality shall issue a local license unless the standards and requirements under its ordinance or resolution are greater than those prescribed under this Act.(b) In the event that the standards and requirements under the ordinance or resolution of the municipality are greater than those prescribed under this Act, the license issued by the Department shall remain in effect pending reasonable opportunity provided by the municipality, which shall be not less than 60 days, for the licensee to comply with the local requirements. Upon notice by the municipality, or upon the Department's own determination that the licensee has failed to qualify for a local license, the Department shall revoke such license.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-107)Sec. 3-107. Inspection; fees. The Department and the city, village or incorporated town shall have the right at any time to visit and inspect the premises and personnel of any facility for the purpose of determining whether the applicant or licensee is in compliance with this Act or with the local ordinances which govern the regulation of the facility. The Department may survey any former facility which once held a license to ensure that the facility is not again operating without a license. Municipalities may charge a reasonable license or renewal fee for the regulation of facilities, which fees shall be in addition to the fees paid to the Department. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-107.1)Sec. 3-107.1. Access by law enforcement officials and agencies. Notwithstanding any other provision of this Act, the Attorney General, the State's Attorneys and various law enforcement agencies of this State and its political subdivisions shall have full and open access to any facility pursuant to Article 108 of the Code of Criminal Procedure of 1963 in the exercise of their investigatory and prosecutorial powers in the enforcement of the criminal laws of this State. Furthermore, the Attorney General, the State's Attorneys and law enforcement agencies of this State shall inform the Department of any violations of this Act of which they have knowledge. Disclosure of matters before a grand jury shall be made in accordance with Section 112-6 of the Code of Criminal Procedure of 1963. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-108)Sec. 3-108. Cooperation with State agencies. The Department shall coordinate the functions within State government affecting facilities licensed under this Act and shall cooperate with other State agencies which establish standards or requirements for facilities to assure necessary, equitable, and consistent State supervision of licensees without unnecessary duplication of survey, evaluation, and consultation services or complaint investigations. The Department shall cooperate with the Department of Human Services in regard to facilities containing more than 20% of residents for whom the Department of Human Services has mandated follow up responsibilities under the Mental Health and Developmental Disabilities Administrative Act.
    The Department shall cooperate with the Department of Healthcare and Family Services in regard to facilities where recipients of public aid are residents.
    The Department shall immediately refer to the Department of Financial and Professional Regulation (as successor to the Department of Professional Regulation) for investigation any credible evidence of which it has knowledge that an individual licensed by that Department has violated this Act or any rule issued under this Act.
    The Department shall enter into agreements with other State Departments, agencies or commissions to effectuate the purpose of this Section.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-109)Sec. 3-109. Issuance of license based on Director's findings. Upon receipt and review of an application for a license made under this Article and inspection of the applicant facility under this Article, the Director shall issue a license if he or she finds:(1) That the individual applicant, or the     corporation, partnership or other entity if the applicant is not an individual, is a person responsible and suitable to operate or to direct or participate in the operation of a facility by virtue of financial capacity, appropriate business or professional experience, a record of compliance with lawful orders of the Department and lack of revocation of a license during the previous 5 years and is not the owner of a facility designated pursuant to Section 3-304.2 as a distressed facility;(2) That the facility is under the supervision of an     administrator who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act, as now or hereafter amended; and(3) That the facility is in substantial compliance     with this Act, and such other requirements for a license as the Department by rule may establish under this Act. (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-110)Sec. 3-110. Contents and period of license.(a) Any license granted by the Director shall state the maximum bed capacity for which it is granted, the date the license was issued, and the expiration date. Except as provided in subsection (b), such licenses shall normally be issued for a period of one year. However, the Director may issue licenses or renewals for periods of not less than 6 months nor more than 18 months for facilities with annual licenses and not less than 18 months nor more than 30 months for facilities with 2-year licenses in order to distribute the expiration dates of such licenses throughout the calendar year, and fees for such licenses shall be prorated on the basis of the portion of a year for which they are issued. Each license shall be issued only for the premises and persons named in the application and shall not be transferable or assignable.The Department shall require the licensee to comply with the requirements of a court order issued under Section 3-515, as a condition of licensing.(b) A license for a period of 2 years shall be issued to a facility if the facility:(1) has not received a Type "AA" violation within the     last 12 months;(1.5) has not received a Type "A" violation within     the     last 24 months;(2) has not received a Type "B" violation within the         last 24 months;(3) has not had an inspection, survey, or evaluation         that resulted in the issuance of 10 or more administrative warnings in the last 24 months;(4) has not had an inspection, survey, or evaluation         that resulted in an administrative warning issued for a violation of Sections 3-401 through 3-413 in the last 24 months;(5) has not been issued an order to reimburse a         resident for a violation of Article II under subsection (6) of Section 3-305 in the last 24 months; and(6) has not been subject to sanctions or         decertification for violations in relation to patient care of a facility under Titles XVIII and XIX of the federal Social Security Act within the last 24 months.If a facility with a 2-year license fails to meet the conditions in items (1) through (6) of this subsection, in addition to any other sanctions that may be applied by the Department under this Act, the facility's 2-year license shall be replaced by a one year license until such time as the facility again meets the conditions in items (1) through (6) of this subsection.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-111)Sec. 3-111. Issuance or renewal of license after notice of violation. The issuance or renewal of a license after notice of a violation has been sent shall not constitute a waiver by the Department of its power to rely on the violation as the basis for subsequent license revocation or other enforcement action under this Act arising out of the notice of violation. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-112)Sec. 3-112. Transfer of ownership; license.(a) Whenever ownership of a facility is transferred from the person named in the license to any other person, the transferee must obtain a new probationary license. The transferee shall notify the Department of the transfer and apply for a new license at least 30 days prior to final transfer. The Department may not approve the transfer of ownership to an owner of a facility designated pursuant to Section 3-304.2 of this Act as a distressed facility.(b) The transferor shall notify the Department at least 30 days prior to final transfer. The transferor shall remain responsible for the operation of the facility until such time as a license is issued to the transferee.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-113)Sec. 3-113. Transferee; conditional license. The license granted to the transferee shall be subject to the plan of correction submitted by the previous owner and approved by the Department and any conditions contained in a conditional license issued to the previous owner. If there are outstanding violations and no approved plan of correction has been implemented, the Department may issue a conditional license and plan of correction as provided in Sections 3-311 through 3-317. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-114)Sec. 3-114. Transferor liable for penalties. The transferor shall remain liable for all penalties assessed against the facility which are imposed for violations occurring prior to transfer of ownership. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-115)Sec. 3-115. License renewal application.  At least 120 days but not more than 150 days prior to license expiration, the licensee shall submit an application for renewal of the license in such form and containing such information as the Department requires. If the application is approved, the license shall be renewed in accordance with Section 3-110. The renewal application for a facility shall not be approved unless the applicant has provided to the Department an accurate disclosure document in accordance with the Alzheimer's Disease and Related Dementias Special Care Disclosure Act. If application for renewal is not timely filed, the Department shall so inform the licensee. 
(Source: P.A. 96-339, eff. 7-1-10; 97-333, eff. 8-12-11.) (210 ILCS 47/3-116)Sec. 3-116. Probationary license. If the applicant has not been previously licensed or if the facility is not in operation at the time application is made, the Department shall issue only a probationary license. A probationary license shall be valid for 120 days unless sooner suspended or revoked under Section 3-119. Within 30 days prior to the termination of a probationary license, the Department shall fully and completely inspect the facility and, if the facility meets the applicable requirements for licensure, shall issue a license under Section 3-109. If the Department finds that the facility does not meet the requirements for licensure but has made substantial progress toward meeting those requirements, the license may be renewed once for a period not to exceed 120 days from the expiration date of the initial probationary license. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-117)Sec. 3-117. Denial of license; grounds. An application for a license may be denied for any of the following reasons:(1) Failure to meet any of the minimum standards set     forth by this Act or by rules and regulations promulgated by the Department under this Act.(2) Conviction of the applicant, or if the applicant     is a firm, partnership or association, of any of its members, or if a corporation, the conviction of the corporation or any of its officers or stockholders, or of the person designated to manage or supervise the facility, of a felony, or of 2 or more misdemeanors involving moral turpitude, during the previous 5 years as shown by a certified copy of the record of the court of conviction.(3) Personnel insufficient in number or unqualified     by training or experience to properly care for the proposed number and type of residents.(4) Insufficient financial or other resources to     operate and conduct the facility in accordance with standards promulgated by the Department under this Act.(5) Revocation of a facility license during the     previous 5 years, if such prior license was issued to the individual applicant, a controlling owner or controlling combination of owners of the applicant; or any affiliate of the individual applicant or controlling owner of the applicant and such individual applicant, controlling owner of the applicant or affiliate of the applicant was a controlling owner of the prior license; provided, however, that the denial of an application for a license pursuant to this subsection must be supported by evidence that such prior revocation renders the applicant unqualified or incapable of meeting or maintaining a facility in accordance with the standards and rules promulgated by the Department under this Act.(6) That the facility is not under the direct     supervision of a full time administrator, as defined by regulation, who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act.(7) That the facility is in receivership and the     proposed licensee has not submitted a specific detailed plan to bring the facility into compliance with the requirements of this Act and with federal certification requirements, if the facility is certified, and to keep the facility in such compliance.(8) The applicant is the owner of a facility     designated pursuant to Section 3-304.2 of this Act as a distressed facility. (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-118)Sec. 3-118. Notice of denial; request for hearing. Immediately upon the denial of any application or reapplication for a license under this Article, the Department shall notify the applicant in writing. Notice of denial shall include a clear and concise statement of the violations of Section 3-117 on which denial is based and notice of the opportunity for a hearing under Section 3-703. If the applicant desires to contest the denial of a license, it shall provide written notice to the Department of a request for a hearing within 10 days after receipt of the notice of denial. The Department shall commence the hearing under Section 3-703.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-119)Sec. 3-119. Suspension, revocation, or refusal to renew license.(a) The Department, after notice to the applicant or licensee, may suspend, revoke or refuse to renew a license in any case in which the Department finds any of the following:(1) There has been a substantial failure to comply     with this Act or the rules and regulations promulgated by the Department under this Act. A substantial failure by a facility shall include, but not be limited to, any of the following:(A) termination of Medicare or Medicaid         certification by the Centers for Medicare and Medicaid Services; or(B) a failure by the facility to pay any fine         assessed under this Act after the Department has sent to the facility and licensee at least 2 notices of assessment that include a schedule of payments as determined by the Department, taking into account extenuating circumstances and financial hardships of the facility.(2) Conviction of the licensee, or of the person     designated to manage or supervise the facility, of a felony, or of 2 or more misdemeanors involving moral turpitude, during the previous 5 years as shown by a certified copy of the record of the court of conviction.(3) Personnel is insufficient in number or     unqualified by training or experience to properly care for the number and type of residents served by the facility.(4) Financial or other resources are insufficient to     conduct and operate the facility in accordance with standards promulgated by the Department under this Act.(5) The facility is not under the direct supervision     of a full time administrator, as defined by regulation, who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act.(6) The facility has committed 2 Type "AA" violations     within a 2-year period.(7) The facility has committed a Type "AA" violation     while the facility is listed as a "distressed facility".(b) Notice under this Section shall include a clear and concise statement of the violations on which the nonrenewal or revocation is based, the statute or rule violated and notice of the opportunity for a hearing under Section 3-703.(c) If a facility desires to contest the nonrenewal or revocation of a license, the facility shall, within 10 days after receipt of notice under subsection (b) of this Section, notify the Department in writing of its request for a hearing under Section 3-703. Upon receipt of the request the Department shall send notice to the facility and hold a hearing as provided under Section 3-703.(d) The effective date of nonrenewal or revocation of a license by the Department shall be any of the following:(1) Until otherwise ordered by the circuit court,     revocation is effective on the date set by the Department in the notice of revocation, or upon final action after hearing under Section 3-703, whichever is later.(2) Until otherwise ordered by the circuit court,     nonrenewal is effective on the date of expiration of any existing license, or upon final action after hearing under Section 3-703, whichever is later; however, a license shall not be deemed to have expired if the Department fails to timely respond to a timely request for renewal under this Act or for a hearing to contest nonrenewal under paragraph (c).(3) The Department may extend the effective date of     license revocation or expiration in any case in order to permit orderly removal and relocation of residents.The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-119.1)Sec. 3-119.1. Ban on new admissions.(a) Upon a finding by the Department that there has been a substantial failure to comply
with this Act or the rules and regulations promulgated by the Department under this Act, including, without limitation, the circumstances set forth in subsection (a) of Section 3-119 of this Act, or if the Department otherwise finds that it would be in the public interest or the interest of the health, safety, and welfare of facility residents, the Department may impose a ban on new admissions to any facility licensed under this Act.  The ban shall continue until such time as the Department determines that the circumstances giving rise to the ban no longer exist.(b)    The Department shall provide notice to the facility and licensee of any ban imposed pursuant to
subsection (a) of this Section.  The notice shall provide a clear and concise statement of the circumstances on which the ban on new admissions is based and notice of the opportunity for a hearing.  If the Department finds that the public interest or the health, safety, or welfare of facility residents imperatively requires immediate action and if the Department incorporates a finding to that effect in its notice, then the ban on new admissions may be ordered pending any hearing requested by the facility. Those proceedings shall be promptly instituted and determined. The Department shall promulgate rules defining the circumstances under which a ban on new admissions may be imposed.
(Source: P.A. 97-38, eff. 6-28-11.) (210 ILCS 47/Art. III Pt. 2 heading) 
			
		
		PART 2.  
		GENERAL PROVISIONS
		(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-201)Sec. 3-201. Medical treatment; no prescription by Department. The Department shall not prescribe the course of medical treatment provided to an individual resident by the resident's physician in a facility.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-202)Sec. 3-202. Standards for facilities. The Department shall prescribe minimum standards for facilities. These standards shall regulate:(1) Location and construction of the facility,     including plumbing, heating, lighting, ventilation, and other physical conditions which shall ensure the health, safety, and comfort of residents and their protection from fire hazard;(2) To the extent this Act has not established     minimum staffing requirements within this Act, the numbers and qualifications of all personnel, including management and nursing personnel, having responsibility for any part of the care given to residents; specifically, the Department shall establish staffing ratios for facilities which shall specify the number of staff hours per resident of care that are needed for professional nursing care for various types of facilities or areas within facilities;(3) All sanitary conditions within the facility and     its surroundings, including water supply, sewage disposal, food handling, and general hygiene, which shall ensure the health and comfort of residents;(4) Diet related to the needs of each resident based     on good nutritional practice and on recommendations which may be made by the physicians attending the resident;(5) Equipment essential to the health and welfare of     the residents;(6) A program of habilitation and rehabilitation for     those residents who would benefit from such programs;(7) A program for adequate maintenance of physical     plant and equipment;(8) Adequate accommodations, staff and services for     the number and types of residents for whom the facility is licensed to care, including standards for temperature and relative humidity within comfort zones determined by the Department based upon a combination of air temperature, relative humidity and air movement. Such standards shall also require facility plans that provide for health and comfort of residents at medical risk as determined by the attending physician whenever the temperature and relative humidity are outside such comfort zones established by the Department. The standards must include a requirement that areas of a facility used by residents of the facility be air-conditioned and heated by means of operable air-conditioning and heating equipment. The areas subject to this air-conditioning and heating requirement include, without limitation, bedrooms or common areas such as sitting rooms, activity rooms, living rooms, community rooms, and dining rooms;(9) Development of evacuation and other appropriate     safety plans for use during weather, health, fire, physical plant, environmental and national defense emergencies; and(10) Maintenance of minimum financial or other     resources necessary to meet the standards established under this Section, and to operate and conduct the facility in accordance with this Act. (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-202.1)Sec. 3-202.1. Weather or hazard alert system. The Department shall develop and implement a system of alerting and educating facilities and their personnel as to the existence or possibility of weather or other hazardous circumstances which may endanger resident health or safety and designating any precautions to prevent or minimize such danger. The Department may assist any facility experiencing difficulty in dealing with such emergencies. The Department may provide for announcement to the public of the dangers posed to facility residents by such existing or potential weather or hazardous circumstances. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-202.2a)Sec. 3-202.2a. Comprehensive resident care plan.  A facility, with the participation of the resident and the resident's guardian or resident's representative, as applicable, must develop and implement a comprehensive care plan for each resident that includes measurable objectives and timetables to meet the resident's medical, nursing, mental health, psychosocial, and habilitation needs that are identified in the resident's comprehensive assessment that allows the resident to attain or maintain the highest practicable level of independent functioning and provide for discharge planning to the least restrictive setting based on the resident's care needs. The assessment shall be developed with the active participation of the resident and the resident's guardian or resident's representative, as applicable.
(Source: P.A. 97-38, eff. 6-28-11.) (210 ILCS 47/3-202.3)Sec. 3-202.3. Identified offenders as residents.      No later than 30 days after July 11, 2005 (the effective date of Public Act 94-163), the Department shall file with the Illinois Secretary of State's Office, pursuant to the Illinois Administrative Procedure Act, emergency rules regarding the provision of services to identified offenders. The emergency rules shall provide for, or include, but not be limited to the following:(1) A process for the identification of identified         offenders.(2) A required risk assessment of identified         offenders.(3) A requirement that a licensed facility be         required, within 10 days of the filing of the emergency rules, to compare its residents against the Illinois Department of Corrections and Illinois State Police registered sex offender databases.(4) A requirement that the licensed facility notify         the Department within 48 hours of determining that a resident or residents of the licensed facility are listed on the Illinois Department of Corrections or Illinois State Police registered sex offender databases.(5) The care planning of identified offenders, which         shall include, but not be limited to, a description of the security measures necessary to protect facility residents from the identified offender, including whether the identified offender should be segregated from other facility residents.(6) For offenders serving terms of probation for         felony offenses, parole, or mandatory supervised release, the facility shall acknowledge the terms of release as imposed by the court or Illinois Prisoner Review Board.(7) The discharge planning for identified offenders.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-202.4)Sec. 3-202.4. Feasibility of segregating identified offenders. The Department shall determine the feasibility of requiring identified offenders that seek admission to a licensed facility to be segregated from other residents.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-202.5)Sec. 3-202.5. Facility plan review; fees.(a) Before commencing construction of a new facility or specified types of alteration or additions to an existing long term care facility involving major construction, as defined by rule by the Department, with an estimated cost greater than $100,000, architectural drawings and specifications for the facility shall be submitted to the Department for review and approval. A facility may submit architectural drawings and specifications for other construction projects for Department review according to subsection (b) that shall not be subject to fees under subsection (d). Review of drawings and specifications shall be conducted by an employee of the Department meeting the qualifications established by the Department of Central Management Services class specifications for such an individual's position or by a person contracting with the Department who meets those class specifications. Final approval of the drawings and specifications for compliance with design and construction standards shall be obtained from the Department before the alteration, addition, or new construction is begun.(b) The Department shall inform an applicant in writing within 10 working days after receiving drawings and specifications and the required fee, if any, from the applicant whether the applicant's submission is complete or incomplete. Failure to provide the applicant with this notice within 10 working days shall result in the submission being deemed complete for purposes of initiating the 60 day review period under this Section. If the submission is incomplete, the Department shall inform the applicant of the deficiencies with the submission in writing. If the submission is complete the required fee, if any, has been paid, the Department shall approve or disapprove drawings and specifications submitted to the Department no later than 60 days following receipt by the Department. The drawings and specifications shall be of sufficient detail, as provided by Department rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the drawings are not of sufficient detail for it to render a determination of compliance, the plans shall be determined to be incomplete and shall not be considered for purposes of initiating the 60 day review period. If a submission of drawings and specifications is incomplete, the applicant may submit additional information. The 60 day review period shall not commence until the Department determines that a submission of drawings and specifications is complete or the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications within 60 days, the construction, major alteration, or addition shall be deemed approved. If the drawings and specifications are disapproved, the Department shall state in writing, with specificity, the reasons for the disapproval. The entity submitting the drawings and specifications may submit additional information in response to the written comments from the Department or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made within 45 days of the receipt of the additional information or reconsideration request. If denied, the Department shall state the specific reasons for the denial.(c) The Department shall provide written approval for occupancy pursuant to subsection (g) and shall not issue a violation to a facility as a result of a licensure or complaint survey based upon the facility's physical structure if:(1) the Department reviewed and approved or deemed         approved the drawings and specifications for compliance with design and construction standards;(2) the construction, major alteration, or addition         was built as submitted;(3) the law or rules have not been amended since the         original approval; and(4) the conditions at the facility indicate that         there is a reasonable degree of safety provided for the residents.(d) The Department shall charge the following fees in connection with its reviews conducted before June 30, 2004 under this Section:(1) (Blank).(2) (Blank).(3) If the estimated dollar value of the alteration,         addition, or new construction is $100,000 or more but less than $500,000, the fee shall be the greater of $2,400 or 1.2% of that value.(4) If the estimated dollar value of the alteration,         addition, or new construction is $500,000 or more but less than $1,000,000, the fee shall be the greater of $6,000 or 0.96% of that value.(5) If the estimated dollar value of the alteration,         addition, or new construction is $1,000,000 or more but less than $5,000,000, the fee shall be the greater of $9,600 or 0.22% of that value.(6) If the estimated dollar value of the alteration,         addition, or new construction is $5,000,000 or more, the fee shall be the greater of $11,000 or 0.11% of that value, but shall not exceed $40,000.      The fees provided in this subsection (d) shall not apply to major construction projects involving facility changes that are required by Department rule amendments.     The fees provided in this subsection (d) shall also not apply to major construction projects if 51% or more of the estimated cost of the project is attributed to capital equipment. For major construction projects where 51% or more of the estimated cost of the project is attributed to capital equipment, the Department shall by rule establish a fee that is reasonably related to the cost of reviewing the project.     The Department shall not commence the facility plan review process under this Section until the applicable fee has been paid.(e) All fees received by the Department under this Section shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State Treasury. All fees paid by long term care facilities under subsection (d) shall be used only to cover the costs relating to the Department's review of long term care facility projects under this Section. Moneys shall be appropriated from that Fund to the Department only to pay the costs of conducting reviews under this Section or under Section 3-202.5 of the Nursing Home Care Act. None of the moneys in the Health Facility Plan Review Fund shall be used to reduce the amount of General Revenue Fund moneys appropriated to the Department for facility plan reviews conducted pursuant to this Section.(f) (Blank).(g) The Department shall conduct an on site inspection of the completed project no later than 30 days after notification from the applicant that the project has been completed and all certifications required by the Department have been received and accepted by the Department. The Department shall provide written approval for occupancy to the applicant within 5 working days of the Department's final inspection, provided the applicant has demonstrated substantial compliance as defined by Department rule. Occupancy of new major construction is prohibited until Department approval is received, unless the Department has not acted within the time frames provided in this subsection (g), in which case the construction shall be deemed approved. Occupancy shall be authorized after any required health inspection by the Department has been conducted.(h) The Department shall establish, by rule, a procedure to conduct interim on site review of large or complex construction projects.(i) The Department shall establish, by rule, an expedited process for emergency repairs or replacement of like equipment.(j) Nothing in this Section shall be construed to apply to maintenance, upkeep, or renovation that does not affect the structural integrity of the building, does not add beds or services over the number for which the long term care facility is licensed, and provides a reasonable degree of safety for the residents.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-203)Sec. 3-203. Standards for persons with developmental disability or emotional or behavioral disorder. In licensing any facility for persons with a developmental disability or persons suffering from emotional or behavioral disorders, the Department shall consult with the Department of Human Services in developing minimum standards for such persons. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-204)Sec. 3-204. License classifications. In addition to the authority to prescribe minimum standards, the Department may adopt license classifications of facilities according to the levels of service, and if license classification is adopted the applicable minimum standards shall define the classification. In adopting classification of the license of facilities, the Department may give recognition to the classification of services defined or prescribed by federal statute or federal rule or regulation. More than one classification of the license may be issued to the same facility when the prescribed minimum standards and regulations are met. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-205)Sec. 3-205. Municipalities; license classifications. Where licensing responsibilities are performed by a city, village or incorporated town, the municipality shall use the same classifications as the Department; and a facility may not be licensed for a different classification by the Department than by the municipality. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-206)Sec. 3-206. Curriculum for training nursing assistants and aides.    The Department shall prescribe a curriculum for training nursing assistants, habilitation aides, and child care aides.(a) No person, except a volunteer who receives no compensation from a facility and is not included for the purpose of meeting any staffing requirements set forth by the Department, shall act as a nursing assistant, habilitation aide, or child care aide in a facility, nor shall any person, under any other title, not licensed, certified, or registered to render medical care by the Department of Financial and  Professional Regulation, assist with the personal, medical, or nursing care of residents in a facility, unless such person meets the following requirements:(1) Be at least 16 years of age, of temperate habits         and good moral character, honest, reliable and trustworthy.(2) Be able to speak and understand the English         language or a language understood by a substantial percentage of the facility's residents.(3) Provide evidence of employment or occupation, if         any, and residence for 2 years prior to his or her present employment.(4) Have completed at least 8 years of grade school         or provide proof of equivalent knowledge.(5) Begin a current course of training for nursing         assistants, habilitation aides, or child care aides, approved by the Department, within 45 days of initial employment in the capacity of a nursing assistant, habilitation aide, or child care aide at any facility. Such courses of training shall be successfully completed within 120 days of initial employment in the capacity of nursing assistant, habilitation aide, or child care aide at a facility. Nursing assistants, habilitation aides, and child care aides who are enrolled in approved courses in community colleges or other educational institutions on a term, semester or trimester basis, shall be exempt from the 120-day completion time limit. The Department shall adopt rules for such courses of training. These rules shall include procedures for facilities to carry on an approved course of training within the facility.The Department may accept comparable training in         lieu of the 120-hour course for student nurses, foreign nurses, military personnel, or employees of the Department of Human Services.The facility shall develop and implement procedures,         which shall be approved by the Department, for an ongoing review process, which shall take place within the facility, for nursing assistants, habilitation aides, and child care aides.At the time of each regularly scheduled licensure         survey, or at the time of a complaint investigation, the Department may require any nursing assistant, habilitation aide, or child care aide to demonstrate, either through written examination or action, or both, sufficient knowledge in all areas of required training. If such knowledge is inadequate the Department shall require the nursing assistant, habilitation aide, or child care aide to complete inservice training and review in the facility until the nursing assistant, habilitation aide, or child care aide demonstrates to the Department, either through written examination or action, or both, sufficient knowledge in all areas of required training; and(6) Be familiar with and have general skills related         to resident care.(a-0.5) An educational entity, other than a secondary school, conducting a nursing assistant, habilitation aide, or child care aide training program shall initiate a criminal history record check in accordance with the Health Care Worker Background Check Act prior to entry of an individual into the training program. A secondary school may initiate a criminal history record check in accordance with the Health Care Worker Background Check Act at any time during or after a training program.(a-1) Nursing assistants, habilitation aides, or child care aides seeking to be included on the Health Care Worker Registry under the Health Care Worker Background Check Act must authorize the Department of Public Health or its designee to request a criminal history record check in accordance with the Health Care Worker Background Check Act and submit all necessary information. An individual may not newly be included on the Health Care Worker Registry unless a criminal history record check has been conducted with respect to the individual.(b) Persons subject to this Section shall perform their duties under the supervision of a licensed nurse or other appropriately trained, licensed, or certified personnel.(c) It is unlawful for any facility to employ any person in the capacity of nursing assistant, habilitation aide, or child care aide, or under any other title, not licensed by the State of Illinois to assist in the personal, medical, or nursing care of residents in such facility unless such person has complied with this Section.(d) Proof of compliance by each employee with the requirements set out in this Section shall be maintained for each such employee by each facility in the individual personnel folder of the employee. Proof of training shall be obtained only from the Health Care Worker Registry.(e) Each facility shall obtain access to the Health Care Worker Registry's web application, maintain the employment and demographic information relating to each employee, and verify by the category and type of employment that each employee subject to this Section meets all the requirements of this Section.(f) Any facility that is operated under Section 3-803 shall be exempt from the requirements of this Section.(g) Each skilled nursing and intermediate care facility that admits persons who are diagnosed as having Alzheimer's disease or related dementias shall require all nursing assistants, habilitation aides, or child care aides, who did not receive 12 hours of training in the care and treatment of such residents during the training required under paragraph (5) of subsection (a), to obtain 12 hours of in house training in the care and treatment of such residents. If the facility does not provide the training in house, the training shall be obtained from other facilities, community colleges or other educational institutions that have a recognized course for such training. The Department shall, by rule, establish a recognized course for such training.The Department's rules shall provide that such training may be conducted in house at each facility subject to the requirements of this subsection, in which case such training shall be monitored by the Department.
    The Department's rules shall also provide for circumstances and procedures whereby any person who has received training that meets the requirements of this subsection shall not be required to undergo additional training if he or she is transferred to or obtains employment at a different facility or a facility other than those licensed under this Act but remains continuously employed as a nursing assistant, habilitation aide, or child care aide. Individuals who have performed no nursing, nursing-related services, or habilitation services for a period of 24 consecutive months shall be listed as inactive and as such do not meet the requirements of this Section. Licensed sheltered care facilities shall be exempt from the requirements of this Section.
(Source: P.A. 100-432, eff. 8-25-17.) (210 ILCS 47/3-206.01)Sec. 3-206.01. Health Care Worker Registry.(a) A facility shall not employ an individual as a nursing assistant, habilitation aide, home health aide, or child care aide, or newly hired as an individual who may have access to a resident, a resident's living quarters, or a resident's personal, financial, or medical records, unless the facility has checked the Department's Health Care Worker Registry and the individual is listed on the Health Care Worker Registry as eligible to work for a health care employer. The facility shall not employ an individual as a nursing assistant, habilitation aide, or child care aide if that individual is not on the Health Care Worker Registry unless the individual is enrolled in a training program under paragraph (5) of subsection (a) of Section 3-206 of this Act.(b) (Blank).

(Source: P.A. 99-78, eff. 7-20-15; 100-432, eff. 8-25-17.) (210 ILCS 47/3-206.02)Sec. 3-206.02. (Repealed).
	 
	 (Source: P.A. 97-38, eff. 6-28-11. Repealed by P.A. 100-432, eff. 8-25-17.) (210 ILCS 47/3-206.03)Sec. 3-206.03. Resident attendants.(a) As used in this Section, "resident attendant" means an individual who assists residents in a facility with the following activities:(1) eating and drinking; and(2) personal hygiene limited to washing a resident's         hands and face, brushing and combing a resident's hair, oral hygiene, shaving residents with an electric razor, and applying makeup.The term "resident attendant" does not include an individual who:(1) is a licensed health professional or a         registered dietitian;(2) volunteers without monetary compensation;(3) is a nurse assistant; or(4) performs any nursing or nursing related services         for residents of a facility.(b) A facility may employ resident attendants to assist the nurse aides with the activities authorized under subsection (a). The resident attendants shall not count in the minimum staffing requirements under rules implementing this Act.(c) A facility may not use on a full time or other paid basis any individual as a resident attendant in the facility unless the individual:(1) has completed a training and competency         evaluation program encompassing the tasks the individual provides; and(2) is competent to provide feeding, hydration, and         personal hygiene services.(d) The training and competency evaluation program may be facility based. It may include one or more of the following units:(1) A feeding unit that is a maximum of 5 hours in         length.(2) A hydration unit that is a maximum of 3 hours in         length.(3) A personal hygiene unit that is a maximum of 5         hours in length.      These programs must be reviewed and approved by the Department every 2 years.(e) (Blank).(f) A person seeking employment as a resident attendant is subject to the Health Care Worker Background Check Act.
(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.) (210 ILCS 47/3-206.1)Sec. 3-206.1. Transfer of ownership following suspension or revocation; discussion with new owner. Whenever ownership of a private facility is transferred to another private owner following a final order for a suspension or revocation of the facility's license, the Department shall discuss with the new owner all noted problems associated with the facility and shall determine what additional training, if any, is needed for the direct care staff. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-206.04)Sec. 3-206.04. Registry checks for employees.(a)     Within 60 days after the effective date of this amendatory Act of the 97th General Assembly, the Department shall require all facilities to conduct required registry checks on employees at the time of hire and annually thereafter during employment.  The required registries to be checked are the Health Care Worker Registry, the Department of Children and Family Services' State Central Register, and the Illinois Sex Offender Registry.  A person may not be employed if he or she is found to have disqualifying convictions or substantiated cases of abuse or neglect.  At the time of the annual registry checks, if a current employee's name has been placed on a registry with disqualifying convictions or disqualifying substantiated cases of abuse or neglect, then the employee must be terminated.  Disqualifying convictions or disqualifying substantiated cases of abuse or neglect are defined for the Department of Children and Family Services Central Register by the Department of Children and Family Services' standards for background checks in Part 385 of Title 89 of the Illinois Administrative Code.  Disqualifying convictions or disqualifying substantiated cases of abuse or neglect are defined for the Health Care Worker Registry by the Health Care Worker Background Check Act and within this Act. A facility's failure to conduct the required registry checks will constitute a Type "B" violation.(b)    In collaboration with the Department of Children and Family Services and the Department of Human Services, the Department shall establish a waiver process from the prohibition of employment or termination of employment requirements in subsection (a) of this Section for any applicant or employee listed under the Department of Children and Family Services' State Central Register seeking to be hired or maintain his or her employment with a facility under this Act.  The waiver process for applicants and employees outlined under Section 40 of the Health Care Worker Background Check Act shall remain in effect for individuals listed on the Health Care Worker Registry.
(Source: P.A. 97-38, eff. 6-28-11.) (210 ILCS 47/3-206.005)Sec. 3-206.005. Certification status for certified nursing assistants. A certified nursing assistant shall lose his or her certification status if he or she goes 24 consecutive months without performing nursing or nursing-related services for pay.  In this Section, "nursing or nursing-related services for pay" includes work performed as a direct support professional as it is defined in the Community Services Act.
(Source: P.A. 100-754, eff. 8-10-18.) (210 ILCS 47/3-207)Sec. 3-207. Statement of ownership.(a) As a condition of the issuance or renewal of the license of any facility, the applicant shall file a statement of ownership. The applicant shall update the information required in the statement of ownership within 10 days of any change.(b) The statement of ownership shall include the following:(1) The name, address, telephone number, occupation     or business activity, business address and business telephone number of the person who is the owner of the facility and every person who owns the building in which the facility is located, if other than the owner of the facility, which is the subject of the application or license; and if the owner is a partnership or corporation, the name of every partner and stockholder of the owner;(2) The name and address of any facility, wherever     located, any financial interest in which is owned by the applicant, if the facility were required to be licensed if it were located in this State;(3) Other information necessary to determine the     identity and qualifications of an applicant or licensee to operate a facility in accordance with this Act as required by the Department in regulations.(c) The information in the statement of ownership shall be public information and shall be available from the Department.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-208)Sec. 3-208. Annual financial statement.(a) Each licensee shall file annually, or more often as the Director shall by rule prescribe an attested financial statement. The Director may order an audited financial statement of a particular facility by an auditor of the Director's choice, provided the cost of such audit is paid by the Department.(b) No public funds shall be expended for the maintenance of any resident in a facility which has failed to file the financial statement required under this Section and no public funds shall be paid to or on behalf of a facility which has failed to file a statement.(c) The Director of Public Health and the Director of Healthcare and Family Services shall promulgate under Sections 3-801 and 3-802, one set of regulations for the filing of these financial statements, and shall provide in these regulations for forms, required information, intervals and dates of filing and such other provisions as they may deem necessary.(d) The Director of Public Health and the Director of Healthcare and Family Services shall seek the advice and comments of other State and federal agencies which require the submission of financial data from facilities licensed under this Act and shall incorporate the information requirements of these agencies so as to impose the least possible burden on licensees. No other State agency may require submission of financial data except as expressly authorized by law or as necessary to meet requirements of federal statutes or regulations. Information obtained under this Section shall be made available, upon request, by the Department to any other State agency or legislative commission to which such information is necessary for investigations or required for the purposes of State or federal law or regulation.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-209)Sec. 3-209. Posting of information. Every facility shall conspicuously post for display in an area of its offices accessible to residents, employees, and visitors the following:(1) Its current license;(2) A description, provided by the Department, of     complaint procedures established under this Act and the name, address, and telephone number of a person authorized by the Department to receive complaints;(3) A copy of any order pertaining to the facility     issued by the Department or a court; and(4) A list of the material available for public     inspection under Section 3-210. (Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-210)Sec. 3-210. Materials for public inspection.A facility shall retain the following for public inspection:(1) A complete copy of every inspection report of the     facility received from the Department during the past 5 years;(2) A copy of every order pertaining to the facility     issued by the Department or a court during the past 5 years;(3) A description of the services provided by the     facility and the rates charged for those services and items for which a resident may be separately charged;(4) A copy of the statement of ownership required by     Section 3-207;(5) A record of personnel employed or retained by the     facility who are licensed, certified or registered by the Department of Financial and Professional Regulation (as successor to the Department of Professional Regulation);(6) A complete copy of the most recent inspection     report of the facility received from the Department; and(7) A copy of the current Consumer Choice Information     Report required by Section 2-214. (Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-211)Sec. 3-211. No State or federal funds to unlicensed facility. No State or federal funds which are appropriated by the General Assembly or which pass through the General Revenue Fund or any special fund in the State Treasury shall be paid to a facility not having a license issued under this Act. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-212)Sec. 3-212. Inspection of facility by Department; report.(a) The Department, whenever it deems necessary in accordance with subsection (b), shall inspect, survey and evaluate every facility to determine compliance with applicable licensure requirements and standards. Submission of
a facility's current Consumer Choice Information Report
required by Section 2-214 shall be verified at the time of inspection.
An inspection should occur within 120 days prior to license renewal. The Department may periodically visit a facility for the purpose of consultation. An inspection, survey, or evaluation, other than an inspection of financial records, shall be conducted without prior notice to the facility. A visit for the sole purpose of consultation may be announced. The Department shall provide training to surveyors about the appropriate assessment, care planning, and care of persons with mental illness (other than Alzheimer's disease or related disorders) to enable its surveyors to determine whether a facility is complying with State and federal requirements about the assessment, care planning, and care of those persons.(a-1) An employee of a State or unit of local government agency charged with inspecting, surveying, and evaluating facilities who directly or indirectly gives prior notice of an inspection, survey, or evaluation, other than an inspection of financial records, to a facility or to an employee of a facility is guilty of a Class A misdemeanor.
    An inspector or an employee of the Department who intentionally prenotifies a facility, orally or in writing, of a pending complaint investigation or inspection shall be guilty of a Class A misdemeanor. Superiors of persons who have prenotified a facility shall be subject to the same penalties, if they have knowingly allowed the prenotification. A person found guilty of prenotifying a facility shall be subject to disciplinary action by his or her employer.
    If the Department has a good faith belief, based upon information that comes to its attention, that a violation of this subsection has occurred, it must file a complaint with the Attorney General or the State's Attorney in the county where the violation took place within 30 days after discovery of the information.(a-2) An employee of a State or unit of local government agency charged with inspecting, surveying, or evaluating facilities who willfully profits from violating the confidentiality of the inspection, survey, or evaluation process shall be guilty of a Class 4 felony and that conduct shall be deemed unprofessional conduct that may subject a person to loss of his or her professional license. An action to prosecute a person for violating this subsection (a-2) may be brought by either the Attorney General or the State's Attorney in the county where the violation took place.(b) In determining whether to make more than the required number of unannounced inspections, surveys and evaluations of a facility the Department shall consider one or more of the following: previous inspection reports; the facility's history of compliance with standards, rules and regulations promulgated under this Act and correction of violations, penalties or other enforcement actions; the number and severity of complaints received about the facility; any allegations of resident abuse or neglect; weather conditions; health emergencies; other reasonable belief that deficiencies exist.(b-1) The Department shall not be required to determine whether a facility certified to participate in the Medicare program under Title XVIII of the Social Security Act, or the Medicaid program under Title XIX of the Social Security Act, and which the Department determines by inspection under this Section or under Section 3-702 of this Act to be in compliance with the certification requirements of Title XVIII or XIX, is in compliance with any requirement of this Act that is less stringent than or duplicates a federal certification requirement. In accordance with subsection (a) of this Section or subsection (d) of Section 3-702, the Department shall determine whether a certified facility is in compliance with requirements of this Act that exceed federal certification requirements. If a certified facility is found to be out of compliance with federal certification requirements, the results of an inspection conducted pursuant to Title XVIII or XIX of the Social Security Act may be used as the basis for enforcement remedies authorized and commenced, with the Department's discretion to evaluate whether penalties are warranted, under this Act. Enforcement of this Act against a certified facility shall be commenced pursuant to the requirements of this Act, unless enforcement remedies sought pursuant to Title XVIII or XIX of the Social Security Act exceed those authorized by this Act. As used in this subsection, "enforcement remedy" means a sanction for violating a federal certification requirement or this Act.(c) Upon completion of each inspection, survey and evaluation, the appropriate Department personnel who conducted the inspection, survey or evaluation shall submit a copy of their report to the licensee upon exiting the facility, and shall submit the actual report to the appropriate regional office of the Department. Such report and any recommendations for action by the Department under this Act shall be transmitted to the appropriate offices of the associate director of the Department, together with related comments or documentation provided by the licensee which may refute findings in the report, which explain extenuating circumstances that the facility could not reasonably have prevented, or which indicate methods and timetables for correction of deficiencies described in the report. Without affecting the application of subsection (a) of Section 3-303, any documentation or comments of the licensee shall be provided within 10 days of receipt of the copy of the report. Such report shall recommend to the Director appropriate action under this Act with respect to findings against a facility. The Director shall then determine whether the report's findings constitute a violation or violations of which the facility must be given notice. Such determination shall be based upon the severity of the finding, the danger posed to resident health and safety, the comments and documentation provided by the facility, the diligence and efforts to correct deficiencies, correction of the reported deficiencies, the frequency and duration of similar findings in previous reports and the facility's general inspection history. The Department shall determine violations under this subsection no later than 90 days after completion of each inspection, survey and evaluation.(d) The Department shall maintain all inspection, survey and evaluation reports for at least 5 years in a manner accessible to and understandable by the public.(e) The Department shall conduct a revisit to its licensure and certification surveys, consistent with federal regulations and guidelines. (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-213)Sec. 3-213. Periodic reports to Department.(a) The Department shall require periodic reports and shall have access to and may reproduce or photocopy at its cost any books, records, and other documents maintained by the facility to the extent necessary to carry out this Act and the rules promulgated under this Act. The Department shall not divulge or disclose the contents of a record under this Section in violation of Section 2-206 or as otherwise prohibited by this Act.(b) The Department shall require a licensee to submit an annual report to the Department certifying that all legislatively or administratively mandated wage increases to benefit workers are passed through in accordance with the legislative or administrative mandate.  Failure to report the information required under this Section shall result in appropriate enforcement action by the Department.  The Department shall determine the manner and form of the annual report. (Source: P.A. 102-944, eff. 1-1-23.) (210 ILCS 47/3-214)Sec. 3-214. Consent to Department inspection. Any holder of a license or applicant for a license shall be deemed to have given consent to any authorized officer, employee or agent of the Department to enter and inspect the facility in accordance with this Article. Refusal to permit such entry or inspection shall constitute grounds for denial, nonrenewal or revocation of a license as provided in Section 3-117 or 3-119 of this Act. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-215)Sec. 3-215. Annual report on facility by Department. The Department shall make at least one report on each facility in the State annually, unless the facility has been issued a 2-year license under subsection (b) of Section 3-110 for which the report shall be made every 2 years. All conditions and practices not in compliance with applicable standards within the report period shall be specifically stated. If a violation is corrected or is subject to an approved plan of correction, the same shall be specified in the report. The Department shall send a copy to any person on receiving a written request. The Department may charge a reasonable fee to cover copying costs. 
(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.) (210 ILCS 47/3-216)Sec. 3-216. Fire inspections; authority.(a) Per the requirements of Public Act 96-1141, on January 1, 2011 a report titled "Streamlined Auditing and Monitoring for Community Based Services: First Steps Toward a More Efficient System for Providers, State Government, and the Community" was provided for members of the General Assembly.  The report, which was developed by a steering committee of community providers, trade associations, and designated representatives from the Departments of Children and Family Services, Healthcare and Family Services, Human Services, and Public Health, issued a series of recommendations, including recommended changes to Administrative Rules and Illinois statutes, on the categories of deemed status for accreditation, fiscal audits, centralized repository of information, Medicaid, technology, contracting, and streamlined monitoring procedures.  It is the intent of the 97th General Assembly to pursue implementation of those recommendations that have been determined to require Acts of the General Assembly.(b) For facilities licensed under this Act, the Office of the State Fire Marshal shall provide the necessary fire inspection to comply with licensing requirements. The Office of the State Fire Marshal may enter into an agreement with another State agency to conduct this inspection if qualified personnel are employed by that agency. Code enforcement inspection of the facility by the local authority shall only occur if the local authority  having jurisdiction enforces code requirements that are more stringent than those enforced by the State Fire Marshal. Nothing in this Section shall prohibit a local fire authority from conducting fire incident planning activities.
(Source: P.A. 97-321, eff. 8-12-11.) (210 ILCS 47/Art. III Pt. 3 heading) 
			
		
		PART 3.  
		VIOLATIONS AND PENALTIES
		(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-301)Sec. 3-301. Notice of violation of Act or rules. If after receiving the report specified in subsection (c) of Section 3-212 the Director or his or her designee determines that a facility is in violation of this Act or of any rule promulgated thereunder, the Director or his or her designee shall serve a notice of violation upon the licensee within 10 days thereafter. Each notice of violation shall be prepared in writing and shall specify the nature of the violation, and the statutory provision or rule alleged to have been violated. The notice shall inform the licensee of any action the Department may take under the Act, including the requirement of a facility plan of correction under Section 3-303; placement of the facility on a list prepared under Section 3-304; assessment of a penalty under Section 3-305; a conditional license under Sections 3-311 through 3-317; or license suspension or revocation under Section 3-119. The Director or his or her designee shall also inform the licensee of rights to a hearing under Section 3-703. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-301.1)Sec. 3-301.1. Administration of medication by direct care staff at day programs. For the purposes of this Act, violations cited against a facility as a result of actions involving administration of medication by direct care staff of  day programs certified to serve persons with developmental disabilities by the Department of Human Services under Section 15.4 of the Mental Health and Developmental Disabilities Administrative Act will not result in:(1) the facility being issued a "Type AA" violation     as defined in Section 1-128.5 of this Act;(2) the facility being issued a "Type A" violation as     defined in Section 1-129 of this Act;(3) the facility being issued a "Type B" violation as     defined in Section 1-130 of this Act;(4) denial of the facility's license under Section     3-117 of this Act;(5) the facility being placed on the Department's     quarterly list of facilities which the Department has taken action against prepared under Section 3-304 of this Act;(6) the facility being assessed a penalty or fine     under Section 3-305 of this Act;(7) the facility being issued a conditional license     under Section 3-311 of this Act; or(8) the Department's suspension or revocation of a     facility's license or refusal to renew a facility's license under Section 3-119 of this Act.The Department shall notify the Division of Developmental Disabilities of the Department of Human Services when it becomes aware of a medication error at a day program or that a resident is injured or is subject to alleged abuse or neglect at a day program.
(Source: P.A. 100-50, eff. 1-1-18.) (210 ILCS 47/3-302)Sec. 3-302. Each day a separate violation. Each day the violation exists after the date upon which a notice of violation is served under Section 3-301 shall constitute a separate violation for purposes of assessing penalties or fines under Section 3-305. The submission of a plan of correction pursuant to subsection (b) of Section 3-303 does not prohibit or preclude the Department from assessing penalties or fines pursuant to Section 3-305 for those violations found to be valid except as provided under Section 3-308 in relation to Type "B" violations. No penalty or fine may be assessed for a condition for which the facility has received a variance or waiver of a standard.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-303)Sec. 3-303. Correction of violations; hearing.(a) The situation, condition or practice constituting a Type "AA" violation or a Type "A" violation shall be abated or eliminated immediately unless a fixed period of time, not exceeding 15 days, as determined by the Department and specified in the notice of violation, is required for correction.(b) At the time of issuance of a notice of a Type "B" violation, the Department shall request a plan of correction which is subject to the Department's approval. The facility shall have 10 days after receipt of notice of violation in which to prepare and submit a plan of correction. The Department may extend this period up to 30 days where correction involves substantial capital improvement. The plan shall include a fixed time period not in excess of 90 days within which violations are to be corrected. If the Department rejects a plan of correction, it shall send notice of the rejection and the reason for the rejection to the facility. The facility shall have 10 days after receipt of the notice of rejection in which to submit a modified plan. If the modified plan is not timely submitted, or if the modified plan is rejected, the facility shall follow an approved plan of correction imposed by the Department.(c) If the violation has been corrected prior to submission and approval of a plan of correction, the facility may submit a report of correction in place of a plan of correction. Such report shall be signed by the administrator under oath.(d) Upon a licensee's petition, the Department shall determine whether to grant a licensee's request for an extended correction time. Such petition shall be served on the Department prior to expiration of the correction time originally approved. The burden of proof is on the petitioning facility to show good cause for not being able to comply with the original correction time approved.(e) If a facility desires to contest any Department action under this Section it shall send a written request for a hearing under Section 3-703 to the Department within 10 days of receipt of notice of the contested action. The Department shall commence the hearing as provided under Section 3-703. Whenever possible, all action of the Department under this Section arising out of a violation shall be contested and determined at a single hearing. Issues decided after a hearing may not be reheard at subsequent hearings under this Section.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-303.1)Sec. 3-303.1. Waiver of facility's compliance with rule or standard. Upon application by a facility, the Director may grant or renew the waiver of the facility's compliance with a rule or standard for a period not to exceed the duration of the current license or, in the case of an application for license renewal, the duration of the renewal period. The waiver may be conditioned upon the facility taking action prescribed by the Director as a measure equivalent to compliance. In determining whether to grant or renew a waiver, the Director shall consider the duration and basis for any current waiver with respect to the same rule or standard and the validity and effect upon patient health and safety of extending it on the same basis, the effect upon the health and safety of residents, the quality of resident care, the facility's history of compliance with the rules and standards of this Act and the facility's attempts to comply with the particular rule or standard in question. The Department may provide, by rule, for the automatic renewal of waivers concerning physical plant requirements upon the renewal of a license. The Department shall renew waivers relating to physical plant standards issued pursuant to this Section at the time of the indicated reviews, unless it can show why such waivers should not be extended for the following reasons:(a) the condition of the physical plant has deteriorated or its use substantially changed so that the basis upon which the waiver was issued is materially different; or(b) the facility is renovated or substantially remodeled in such a way as to permit compliance with the applicable rules and standards without substantial increase in cost.
    A copy of each waiver application and each waiver granted or renewed shall be on file with the Department and available for public inspection. The Director shall annually review such file and recommend to the DD Facility Advisory Board established under Section 2-204 of this Act any modification in rules or standards suggested by the number and nature of waivers requested and granted and the difficulties faced in compliance by similarly situated facilities.

(Source: P.A. 96-339, eff. 7-1-10; 96-1146, eff. 7-21-10.) (210 ILCS 47/3-303.2)Sec. 3-303.2. Administrative warning.(a) If the Department finds a situation, condition or practice which violates this Act or any rule promulgated thereunder which does not constitute a Type "AA", Type "A", Type "B", or Type "C" violation, the Department shall issue an administrative warning. Any administrative warning shall be served upon the facility in the same manner as the notice of violation under Section 3-301. The facility shall be responsible for correcting the situation, condition or practice; however, no written plan of correction need be submitted for an administrative warning, except for violations of Sections 3-401 through 3-413 or the rules promulgated thereunder. A written plan of correction is required to be filed for an administrative warning issued for violations of Sections 3-401 through 3-413 or the rules promulgated thereunder.(b) If, however, the situation, condition or practice which resulted in the issuance of an administrative warning, with the exception of administrative warnings issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, is not corrected by the next on site inspection by the Department which occurs no earlier than 90 days from the issuance of the administrative warning, a written plan of correction must be submitted in the same manner as provided in subsection (b) of Section 3-303.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-304)Sec. 3-304. Quarterly list of facilities against which Department has taken action.(a) The Department shall prepare on a quarterly basis a list containing the names and addresses of all facilities against which the Department during the previous quarter has:(1) sent a notice under Section 3-307 regarding a         penalty assessment under subsection (1) of Section 3-305;(2) sent a notice of license revocation under Section         3-119;(3) sent a notice refusing renewal of a license under         Section 3-119;(4) sent a notice to suspend a license under Section         3-119;(5) issued a conditional license for violations that         have not been corrected under Section 3-303 or penalties or fines described under Section 3-305 have been assessed under Section 3-307 or 3-308;(6) placed a monitor under subsections (a), (b) and         (c) of Section 3-501 and under subsection (d) of such Section where license revocation or nonrenewal notices have also been issued;(7) initiated an action to appoint a receiver;(8) recommended to the Director of Healthcare and     Family Services, or the Secretary of the United States Department of Health and Human Services, the decertification for violations in relation to patient care of a facility pursuant to Titles XVIII and XIX of the federal Social Security Act.(b) In addition to the name and address of the facility,
    the list shall include the name and address of the person or licensee against whom the action has been initiated, a self explanatory summary of the facts which warranted the initiation of each action, the type of action initiated, the date of the initiation of the action, the amount of the penalty sought to be assessed, if any, and the final disposition of the action, if completed.(c) The list shall be available to any member of the public upon oral or written request without charge.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-304.1)Sec. 3-304.1. Public computer access to information.(a) The Department must make information regarding nursing homes in the State available to the public in electronic form on the World Wide Web, including all of the following information:(1) who regulates facilities licensed under this Act;(2) information in the possession of the Department         that is listed in Sections 3-210 and 3-304;(3) deficiencies and plans of correction;(4) enforcement remedies;(5) penalty letters;(6) designation of penalty monies;(7) the U.S. Department of Health and Human         Services' Health Care Financing Administration special projects or federally required inspections;(8) advisory standards;(9) deficiency free surveys;(10) enforcement actions and enforcement summaries;     and(11) distressed facilities.(b) No fee or other charge may be imposed by the Department as a condition of accessing the information.(c) The electronic public access provided through the World Wide Web shall be in addition to any other electronic or print distribution of the information.(d) The information shall be made available as provided in this Section in the shortest practicable time after it is publicly available in any other form.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-304.2)Sec. 3-304.2. Designation of distressed facilities.(a) The Department shall, by rule, adopt criteria to identify facilities that are distressed and shall publish this list quarterly.  No facility shall be identified as a distressed facility unless it has committed violations or deficiencies that have actually harmed residents.(b) The Department shall notify each facility and licensee of its
distressed designation and of the calculation on which it is
based.(c) A distressed facility may contract with an independent
consultant meeting criteria established by the Department. If
the distressed facility does not seek the assistance of an
independent consultant, then the Department shall place a monitor or
a temporary manager in the facility, depending on the
Department's assessment of the condition of the facility.(d) A facility that has been
designated a distressed facility may contract with an
independent consultant to develop and assist in the
implementation of a plan of improvement to bring and keep the
facility in compliance with this Act and, if applicable, with
federal certification requirements. A facility that contracts
with an independent consultant shall have 90 days to develop a
plan of improvement and demonstrate a good faith effort at
implementation, and another 90 days to achieve compliance and
take whatever additional actions are called for in the
improvement plan to maintain compliance in this subsection (d). "Independent"
consultant means an individual who has no professional or
financial relationship with the facility, any person with a
reportable ownership interest in the facility, or any related
parties. In this subsection (d), "related parties" has the meaning
attributed to it in the instructions for completing Medicaid
cost reports.(e) A distressed facility
that does not contract with a consultant shall be assigned a
monitor or a temporary manager at the Department's discretion.
The cost of the temporary manager shall be paid by the Department. The authority afforded the temporary manager shall be determined through rulemaking.If a distressed facility that contracts with an
 independent consultant but does not, in a timely manner,
develop an adequate plan of improvement  or comply with
 the plan of improvement, then the Department may place a monitor in the facility.Nothing in this Section shall limit the authority
of the Department to place a monitor in a distressed facility if otherwise justified
by law.(f) The Department shall by rule establish a mentor program for owners of distressed facilities.  That a mentor program does not exist, or that a mentor is not available to
assist a distressed facility, shall not delay or prevent the imposition of any penalties on
a distressed facility, authorized by this Act.
(Source: P.A. 97-38, eff. 6-28-11.) (210 ILCS 47/3-305)Sec. 3-305. Penalties or fines. The license of a facility which is in violation of this Act or any rule adopted thereunder may be subject to the penalties or fines levied by the Department as specified in this Section.(1) A licensee who commits a Type "AA" violation as     defined in Section 1-128.5 is automatically issued a conditional license for a period of 6 months to coincide with an acceptable plan of correction and assessed a fine of up to $25,000 per violation. For a facility licensed to provide care to fewer than 100 residents, but no less than 17 residents, the fine shall be up to $18,500 per violation.  For a facility licensed to provide care to fewer than 17 residents, the fine shall be up to $12,500 per violation.(1.5) A licensee who commits a Type "A" violation as     defined in Section 1-129 is automatically issued a conditional license for a period of 6 months to coincide with an acceptable plan of correction and assessed a fine of up to $12,500 per violation. For a facility licensed to provide care to fewer than 100 residents, but no less than 17 residents, the fine shall be up to $10,000 per violation. For a facility licensed to provide care to fewer than 17 residents, the fine shall be up to $6,250 per violation.(2) A licensee who commits a Type "B" violation as     defined in Section 1-130 shall be assessed a fine of up to $1,100 per violation. For a facility licensed to provide care to fewer than 100 residents, but no less than 17 residents, the fine shall be up to $750 per violation. For a facility licensed to provide care to fewer than 17 residents, the fine shall be up to $550 per violation.(2.5) A licensee who commits 8 or more Type "C"     violations as defined in Section 1-132 in a single survey shall be assessed a fine of up to $250 per violation.  A facility licensed to provide care to fewer than 100 residents, but no less than 17 residents, that commits 8 or  more Type "C" violations in a single survey, shall be assessed a  fine of up to $200 per violation. A facility licensed to provide care to fewer than 17 residents, that commits 8 or more Type "C" violations in a single survey, shall be assessed a  fine of up to $175 per violation.(3) A licensee who commits a Type "AA" or Type "A"     violation as defined in Section 1-128.5 or 1-129 which continues beyond the time specified in paragraph (a) of Section 3-303 which is cited as a repeat violation shall have its license revoked and shall be assessed a fine of 3 times the fine computed under subsection (1).(4) A licensee who fails to satisfactorily comply     with an accepted plan of correction for a Type "B" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder shall be automatically issued a conditional license for a period of not less than 6 months. A second or subsequent acceptable plan of correction shall be filed. A fine shall be assessed in accordance with subsection (2) when cited for the repeat violation. This fine shall be computed for all days of the violation, including the duration of the first plan of correction compliance time.(5) (Blank).(6) When the Department finds that a provision of     Article II has been violated with regard to a particular resident, the Department shall issue an order requiring the facility to reimburse the resident for injuries incurred, or $100, whichever is greater. In the case of a violation involving any action other than theft of money belonging to a resident, reimbursement shall be ordered only if a provision of Article II has been violated with regard to that or any other resident of the facility within the 2 years immediately preceding the violation in question.(7) For purposes of assessing fines under this     Section, a repeat violation shall be a violation which has been cited during one inspection of the facility for which an accepted plan of correction was not complied with or a new citation of the same rule if the licensee is not substantially addressing the issue routinely throughout the facility.(8) If an occurrence results in more than one type of     violation as defined in this Act (that is, a Type "AA", Type "A", Type "B", or Type "C" violation), then the maximum fine that may be assessed for that occurrence is the maximum fine that may be assessed for the most serious type of violation charged. For purposes of the preceding sentence, a Type "AA" violation is the most serious type of violation that may be charged, followed by a Type "A", Type "B", or Type "C" violation, in that order.(9) If any facility willfully makes a misstatement of     fact to the Department or willfully fails to make a required notification to the Department and that misstatement or failure delays the start of a survey or impedes a survey, then it will constitute a Type "B" violation.  The minimum and maximum fines that may be assessed pursuant to this subsection (9) shall be 3 times those otherwise specified for any facility.(10) If the Department finds that a facility has     violated a provision of the Illinois Administrative Code that has a high-risk designation or that a facility has violated the same provision of the Illinois Administrative Code 3 or more times in the previous 12 months, then the Department may assess a fine of up to 2 times the maximum fine otherwise allowed. (Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-306)Sec. 3-306. Factors to be considered in determining penalty. In determining whether a penalty is to be imposed and in determining the amount of the penalty to be imposed, if any, for a violation, the Director shall consider the following factors:(1) The gravity of the violation, including the     probability that death or serious physical or mental harm to a resident will result or has resulted; the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or regulations were violated;(2) The reasonable diligence exercised by the     licensee and efforts to correct violations;(3) Any previous violations committed by the     licensee; and(4) The financial benefit to the facility of     committing or continuing the violation. (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-307)Sec. 3-307. Assessment of penalties; notice. The Director may directly assess penalties provided for under Section 3-305 of this Act. If the Director determines that a penalty should be assessed for a particular violation or for failure to correct it, the Director  shall send a notice to the facility. The notice shall specify the amount of the penalty assessed, the violation, the statute or rule alleged to have been violated, and shall inform the licensee of the right to hearing under Section 3-703 of this Act. If the violation is continuing, the notice shall specify the amount of additional assessment per day for the continuing violation. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-308)Sec. 3-308. Time of assessment; plan of correction. In the case of a Type "AA" or Type "A" violation, a penalty may be assessed from the date on which the violation is discovered. In the case of a Type "B" or Type "C" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, the facility shall submit a plan of correction as provided in Section 3-303.
    In the case of a Type "B" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, a penalty shall be assessed on the date of notice of the violation, but the Director may reduce the amount or waive such payment for any of the following reasons:(a) The facility submits a true report of correction
    within 10 days;(b) The facility submits a plan of correction within
    10 days and subsequently submits a true report of correction within 15 days thereafter;(c) The facility submits a plan of correction within
    10 days which provides for a correction time that is less than or equal to 30 days and the Department approves such plan; or(d) The facility submits a plan of correction for
    violations involving substantial capital improvements which provides for correction within the initial 90 day limit provided under Section 3-303.

    The Director shall consider the following factors in determinations to reduce or waive such penalties:(1) The violation has not caused actual harm to a         resident;(2) The facility has made a diligent effort to         correct the violation and to prevent its recurrence;(3) The facility has no record of a pervasive         pattern of the same or similar violations; and(4) The facility has a record of substantial         compliance with this Act and the regulations promulgated hereunder.If a plan of correction is approved and carried out for a Type "C" violation, the fine provided under Section 3-305 shall be suspended for the time period specified in the approved plan of correction. If a plan of correction is approved and carried out for a Type "B" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, with respect to a violation that continues after the date of notice of violation, the fine provided under Section 3-305 shall be suspended for the time period specified in the approved plan of correction.If a good faith plan of correction is not received within the time provided by Section 3-303, a penalty may be assessed from the date of the notice of the Type "B" or "C" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder served under Section 3-301 until the date of the receipt of a good faith plan of correction, or until the date the violation is corrected, whichever is earlier. If a violation is not corrected within the time specified by an approved plan of correction or any lawful extension thereof, a penalty may be assessed from the date of notice of the violation, until the date the violation is corrected.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-309)Sec. 3-309. Contesting assessment of penalty. A facility may contest an assessment of a penalty by sending a written request to the Department for hearing under Section 3-703. Upon receipt of the request the Department shall hold a hearing as provided under Section 3-703. Instead of requesting a hearing pursuant to Section 3-703, a facility may, within 10 business days after receipt of the notice of violation and fine assessment, transmit to the Department 65% of the amount assessed for each violation specified in the penalty assessment. 
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-310)Sec. 3-310. Collection of penalties.    All penalties shall be paid to the Department within 10 days of receipt of notice of assessment or, if the penalty is contested under Section 3-309, within 10 days of receipt of the final decision, unless the decision is appealed and the order is stayed by court order under Section 3-713. A facility choosing to waive the right to a hearing under Section 3-309 shall submit a payment totaling 65% of the original fine amount along with the written waiver. A penalty assessed under this Act shall be collected by the Department and shall be deposited with the State Treasurer into the Long Term Care Monitor/Receiver Fund. If the person or facility against whom a penalty has been assessed does not comply with a written demand for payment within 30 days, the Director shall issue an order to do any of the following:(1) Direct the State Treasurer or Comptroller to     deduct the amount     of the fine from amounts otherwise due from the State for the penalty, including any payments to be made from the Care Provider Fund for Persons with a Developmental Disability established under Section 5C-7 of the Illinois Public Aid Code, and remit that amount to the Department;(2) Add the amount of the penalty to the facility's         licensing fee; if the licensee refuses to make the payment at the time of application for renewal of its license, the license shall not be renewed; or(3) Bring an action in circuit court to recover the         amount of the penalty.(Source: P.A. 97-38, eff. 6-28-11; 97-333, eff. 8-12-11; 97-813, eff. 7-13-12; 98-463, eff. 8-16-13.) (210 ILCS 47/3-311)Sec. 3-311. Issuance of conditional license in addition to penalties. In addition to the right to assess penalties under this Act, the Director may issue a conditional license under Section 3-305 to any facility if the Director finds that either a Type "A" or Type "B" violation exists in such facility. The issuance of a conditional license shall revoke any license held by the facility. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-312)Sec. 3-312. Plan of correction required before issuance of conditional license. Prior to the issuance of a conditional license, the Department shall review and approve a written plan of correction. The Department shall specify the violations which prevent full licensure and shall establish a time schedule for correction of the deficiencies. Retention of the license shall be conditional on the timely correction of the deficiencies in accordance with the plan of correction.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-313)Sec. 3-313. Notice of issuance of conditional license. Written notice of the decision to issue a conditional license shall be sent to the applicant or licensee together with the specification of all violations of this Act and the rules promulgated thereunder which prevent full licensure and which form the basis for the Department's decision to issue a conditional license and the required plan of correction. The notice shall inform the applicant or licensee of its right to a full hearing under Section 3-315 to contest the issuance of the conditional license. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-315)Sec. 3-315. Hearing on conditional license or plan of correction. If the applicant or licensee desires to contest the basis for issuance of a conditional license, or the terms of the plan of correction, the applicant or licensee shall send a written request for hearing to the Department within 10 days after receipt by the applicant or licensee of the Department's notice and decision to issue a conditional license. The Department shall hold the hearing as provided under Section 3-703.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-316)Sec. 3-316. Period of conditional license. A conditional license shall be issued for a period specified by the Department, but in no event for more than one year. The Department shall periodically inspect any facility operating under a conditional license. If the Department finds substantial failure by the facility to timely correct the violations which prevented full licensure and formed the basis for the Department's decision to issue a conditional license in accordance with the required plan of correction, the conditional license may be revoked as provided under Section 3-119.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-318)Sec. 3-318. Business offenses.(a) No person shall:(1) Intentionally fail to correct or interfere with     the correction of a Type "AA", Type "A", or Type "B" violation within the time specified on the notice or approved plan of correction under this Act as the maximum period given for correction, unless an extension is granted and the corrections are made before expiration of extension;(2) Intentionally prevent, interfere with, or attempt     to impede in any way any duly authorized investigation and enforcement of this Act;(3) Intentionally prevent or attempt to prevent any     examination of any relevant books or records pertinent to investigations and enforcement of this Act;(4) Intentionally prevent or interfere with the     preservation of evidence pertaining to any violation of this Act or the rules promulgated under this Act;(5) Intentionally retaliate or discriminate against     any resident or employee for contacting or providing information to any state official, or for initiating, participating in, or testifying in an action for any remedy authorized under this Act;(6) Willfully file any false, incomplete or     intentionally misleading information required to be filed under this Act, or willfully fail or refuse to file any required information;(7) Open or operate a facility without a license;(8) Intentionally retaliate or discriminate against     any resident for consenting to authorized electronic monitoring under the Authorized Electronic Monitoring in Long-Term Care Facilities Act; or(9) Prevent the installation or use of an electronic     monitoring device by a resident who has provided the facility with notice and consent as required in Section 20 of the Authorized Electronic Monitoring in Long-Term Care Facilities Act.(b) A violation of this Section is a business offense, punishable by a fine not to exceed $10,000, except as otherwise provided in subsection (2) of Section 3-103 as to submission of false or misleading information in a license application.(c) The State's Attorney of the county in which the facility is located, or the Attorney General, shall be notified by the Director of any violations of this Section.

(Source: P.A. 99-430, eff. 1-1-16.) (210 ILCS 47/3-320)Sec. 3-320. Review under Administrative Review Law. All final administrative decisions of the Department under this Act are subject to judicial review under the Administrative Review Law, as now or hereafter amended, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/Art. III Pt. 4 heading) 
			
		
		PART 4.  
		DISCHARGE AND TRANSFER
		(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-401)Sec. 3-401. Involuntary transfer or discharge of resident.    A facility may involuntarily transfer or discharge a resident only for one or more of the following reasons:(a) for medical reasons;(b) for the resident's physical safety;(c) for the physical safety of other residents, the
    facility staff or facility visitors; or(d) for either late payment or nonpayment for the
    resident's stay, except as prohibited by Titles XVIII and XIX of the federal Social Security Act. For purposes of this Section, "late payment" means non-receipt of payment after submission of a bill. If payment is not received within 45 days after submission of a bill, a facility may send a notice to the resident and responsible party requesting payment within 30 days. If payment is not received within such 30 days, the facility may thereupon institute transfer or discharge proceedings by sending a notice of transfer or discharge to the resident and responsible party by registered or certified mail. The notice shall state, in addition to the requirements of Section 3-403 of this Act, that the responsible party has the right to pay the amount of the bill in full up to the date the transfer or discharge is to be made and then the resident shall have the right to remain in the facility. Such payment shall terminate the transfer or discharge proceedings. This subsection does not apply to those residents whose care is provided for under the Illinois Public Aid Code. The Department shall adopt rules setting forth the criteria and procedures to be applied in cases of involuntary transfer or discharge permitted under this Section.


(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.) (210 ILCS 47/3-401.1)Sec. 3-401.1. Medical assistance recipients.(a) A facility participating in the Medical Assistance Program is prohibited from failing or refusing to retain as a resident any person because he or she is a recipient of or an applicant for the Medical Assistance Program under Article V of the Illinois Public Aid Code.(a-5) A facility of which only a distinct part is certified to participate in the Medical Assistance Program may refuse to retain as a resident any person who resides in a part of the facility that does not participate in the Medical Assistance Program and who is unable to pay for his or her care in the facility without Medical Assistance only if:(1) the facility, no later than at the time of         admission and at the time of the resident's contract renewal, explains to the resident (unless he or she is incompetent), and to the resident's representative, and to the person making payment on behalf of the resident for the resident's stay, in writing, that the facility may discharge the resident if the resident is no longer able to pay for his or her care in the facility without Medical Assistance;(2) the resident (unless he or she is incompetent),         the resident's representative, and the person making payment on behalf of the resident for the resident's stay, acknowledge in writing that they have received the written explanation.(a-10) For the purposes of this Section, a recipient or applicant shall be considered a resident in the facility during any hospital stay totaling 10 days or less following a hospital admission. The Department of Healthcare and Family Services shall recoup funds from a facility when, as a result of the facility's refusal to readmit a recipient after hospitalization for 10 days or less, the recipient incurs hospital bills in an amount greater than the amount that would have been paid by that Department for care of the recipient in the facility. The amount of the recoupment shall be the difference between the Department of Healthcare and Family Services' payment for hospital care and the amount that Department would have paid for care in the facility.(b) A facility which violates this Section shall be guilty of a business offense and fined not less than $500 nor more than $1,000 for the first offense and not less than $1,000 nor more than $5,000 for each subsequent offense.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-402)Sec. 3-402. Notice of involuntary transfer or discharge. Involuntary transfer or discharge of a resident from a facility shall be preceded by the discussion required under Section 3-408 and by a minimum written notice of 21 days, except in one of the following instances:(a) When an emergency transfer or discharge is ordered by the resident's attending physician because of the resident's health care needs.(b) When the transfer or discharge is mandated by the physical safety of other residents, the facility staff, or facility visitors, as documented in the clinical record. The Department shall be notified prior to any such involuntary transfer or discharge. The Department shall immediately offer transfer, or discharge and relocation assistance to residents transferred or discharged under this subparagraph (b), and the Department may place relocation teams as provided in Section 3-419 of this Act.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-403)Sec. 3-403. Contents of notice; right to hearing. The notice required by Section 3-402 shall be on a form prescribed by the Department and shall contain all of the following:(a) The stated reason for the proposed transfer or discharge;(b) The effective date of the proposed transfer or discharge;(c) A statement in not less than 12 point type, which reads: "You have a right to appeal the facility's decision to transfer or discharge you. If you think you should not have to leave this facility, you may file a request for a hearing with the Department of Public Health within 10 days after receiving this notice. If you request a hearing, it will be held not later than 10 days after your request, and you generally will not be transferred or discharged during that time. If the decision following the hearing is not in your favor, you generally will not be transferred or discharged prior to the expiration of 30 days following receipt of the original notice of the transfer or discharge. A form to appeal the facility's decision and to request a hearing is attached. If you have any questions, call the Department of Public Health at the telephone number listed below.";(d) A hearing request form, together with a postage paid, preaddressed envelope to the Department; and(e) The name, address, and telephone number of the person charged with the responsibility of supervising the transfer or discharge.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-404)Sec. 3-404. Request for hearing; effect on transfer. A request for a hearing made under Section 3-403 shall stay a transfer pending a hearing or appeal of the decision, unless a condition which would have allowed transfer or discharge in less than 21 days as described under paragraphs (a) and (b) of Section 3-402 develops in the interim. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-405)Sec. 3-405. Copy of notice in resident's record; copy to Department. A copy of the notice required by Section 3-402 shall be placed in the resident's clinical record and a copy shall be transmitted to the Department, the resident, and the resident's representative.
(Source: P.A. 96-339, eff. 7-1-10; 97-820, eff. 7-17-12.) (210 ILCS 47/3-406)Sec. 3-406. Medical assistance recipient; transfer or discharge as result of action by Department of Healthcare and Family Services. When the basis for an involuntary transfer or discharge is the result of an action by the Department of Healthcare and Family Services  with respect to a recipient of assistance under Title XIX of the Social Security Act and a hearing request is filed with the Department of Healthcare and Family Services, the 21-day written notice period shall not begin until a final decision in the matter is rendered by the Department of Healthcare and Family Services or a court of competent jurisdiction and notice of that final decision is received by the resident and the facility. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-407)Sec. 3-407. Nonpayment as basis for transfer or discharge. When nonpayment is the basis for involuntary transfer or discharge, the resident shall have the right to redeem up to the date that the discharge or transfer is to be made and then shall have the right to remain in the facility. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-408)Sec. 3-408. Discussion of planned transfer or discharge. The planned involuntary transfer or discharge shall be discussed with the resident, the resident's representative and person or agency responsible for the resident's placement, maintenance, and care in the facility. The explanation and discussion of the reasons for involuntary transfer or discharge shall include the facility administrator or other appropriate facility representative as the administrator's designee. The content of the discussion and explanation shall be summarized in writing and shall include the names of the individuals involved in the discussions and made a part of the resident's clinical record.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-409)Sec. 3-409. Counseling services. The facility shall offer the resident counseling services before the transfer or discharge of the resident.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-410)Sec. 3-410. Request for hearing on transfer or discharge. A resident subject to involuntary transfer or discharge from a facility, the resident's guardian or if the resident is a minor, his or her parent shall have the opportunity to file a request for a hearing with the Department within 10 days following receipt of the written notice of the involuntary transfer or discharge by the facility. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-411)Sec. 3-411. Hearing; time. The Department of Public Health, when the basis for involuntary transfer or discharge is other than action by the Department of Healthcare and Family Services with respect to the Title XIX Medicaid recipient, shall hold a hearing at the resident's facility not later than 10 days after a hearing request is filed, and render a decision within 14 days after the filing of the hearing request.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-412)Sec. 3-412. Conduct of hearing. The hearing before the Department provided under Section 3-411 shall be conducted as prescribed under Section 3-703. In determining whether a transfer or discharge is authorized, the burden of proof in this hearing rests on the person requesting the transfer or discharge.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-413)Sec. 3-413. Time for leaving facility. If the Department determines that a transfer or discharge is authorized under Section 3-401, the resident shall not be required to leave the facility before the 34th day following receipt of the notice required under Section 3-402, or the 10th day following receipt of the Department's decision, whichever is later, unless a condition which would have allowed transfer or discharge in less than 21 days as described under paragraphs (a) and (b) of Section 3-402 develops in the interim. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-414)Sec. 3-414. Continuation of medical assistance funding. The Department of Healthcare and Family Services shall continue Title XIX Medicaid funding during the appeal, transfer, or discharge period for those residents who are recipients of assistance under Title XIX of the Social Security Act affected by Section 3-401. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-415)Sec. 3-415. Transfer or discharge by Department; grounds. The Department may transfer or discharge any resident from any facility required to be licensed under this Act when any of the following conditions exist:(a) Such facility is operating without a license;(b) The Department has suspended, revoked or refused to renew the license of the facility as provided under Section 3-119;(c) The facility has requested the aid of the Department in the transfer or discharge of the resident and the Department finds that the resident consents to transfer or discharge;(d) The facility is closing or intends to close and adequate arrangement for relocation of the resident has not been made at least 30 days prior to closure; or(e) The Department determines that an emergency exists which requires immediate transfer or discharge of the resident.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-416)Sec. 3-416. Transfer or discharge by Department; likelihood of serious harm. In deciding to transfer or discharge a resident from a facility under Section 3-415, the Department shall consider the likelihood of serious harm which may result if the resident remains in the facility.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-417)Sec. 3-417. Relocation assistance. The Department shall offer transfer or discharge and relocation assistance to residents transferred or discharged under Sections 3-401 through 3-415, including information on available alternative placements. Residents shall be involved in planning the transfer or discharge and shall choose among the available alternative placements, except that where an emergency makes prior resident involvement impossible the Department may make a temporary placement until a final placement can be arranged. Residents may choose their final alternative placement and shall be given assistance in transferring to such place. No resident may be forced to remain in a temporary or permanent placement. Where the Department makes or participates in making the relocation decision, consideration shall be given to proximity to the resident's relatives and friends. The resident shall be allowed 3 visits to potential alternative placements prior to removal, except where medically contraindicated or where the need for immediate transfer or discharge requires reduction in the number of visits. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-418)Sec. 3-418. Transfer or discharge plans. The Department shall prepare resident transfer or discharge plans to assure safe and orderly removals and protect residents' health, safety, welfare and rights. In nonemergencies, and where possible in emergencies, the Department shall design and implement such plans in advance of transfer or discharge. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-419)Sec. 3-419. Relocation teams. The Department may place relocation teams in any facility from which residents are being discharged or transferred for any reason, for the purpose of implementing transfer or discharge plans.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-420)Sec. 3-420. Transfer or discharge by Department; notice. In any transfer or discharge conducted under Sections 3-415 through 3-418 the Department shall do the following:(a) Provide written notice to the facility prior to the transfer or discharge. The notice shall state the basis for the order of transfer or discharge and shall inform the facility of its right to an informal conference prior to transfer or discharge under this Section, and its right to a subsequent hearing under Section 3-422. If a facility desires to contest a nonemergency transfer or discharge, prior to transfer or discharge it shall, within 4 working days after receipt of the notice, send a written request for an informal conference to the Department. The Department shall, within 4 working days from the receipt of the request, hold an informal conference in the county in which the facility is located. Following this conference, the Department may affirm, modify or overrule its previous decision. Except in an emergency, transfer or discharge may not begin until the period for requesting a conference has passed or, if a conference is requested, until after a conference has been held.(b) Provide written notice to any resident to be removed, to the resident's representative, if any, and to a member of the resident's family, where practicable, prior to the removal. The notice shall state the reason for which transfer or discharge is ordered and shall inform the resident of the resident's right to challenge the transfer or discharge under Section 3-422. The Department shall hold an informal conference with the resident or the resident's representative prior to transfer or discharge at which the resident or the representative may present any objections to the proposed transfer or discharge plan or alternative placement.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-421)Sec. 3-421. Notice of emergency. In any transfer or discharge conducted under subsection (e) of Section 3-415, the Department shall notify the facility and any resident to be removed that an emergency has been found to exist and removal has been ordered, and shall involve the residents in removal planning if possible. Following emergency removal, the Department shall provide written notice to the facility, to the resident, to the resident's representative, if any, and to a member of the resident's family, where practicable, of the basis for the finding that an emergency existed and of the right to challenge removal under Section 3-422. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-422)Sec. 3-422. Hearing to challenge transfer or discharge. Within 10 days following transfer or discharge, the facility or any resident transferred or discharged may send a written request to the Department for a hearing under Section 3-703 to challenge the transfer or discharge. The Department shall hold the hearing within 30 days of receipt of the request. The hearing shall be held at the facility from which the resident is being transferred or discharged, unless the resident or resident's representative, requests an alternative hearing site. If the facility prevails, it may file a claim against the State under the Court of Claims Act for payments lost less expenses saved as a result of the transfer or discharge. No resident transferred or discharged may be held liable for the charge for care which would have been made had the resident remained in the facility. If a resident prevails, the resident may file a claim against the State under the Court of Claims Act for any excess expenses directly caused by the order to transfer or discharge. The Department shall assist the resident in returning to the facility if assistance is requested.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-423)Sec. 3-423. Closure of facility; notice. Any owner of a facility licensed under this Act shall give 90 days' notice prior to voluntarily closing a facility or closing any part of a facility, or prior to closing any part of a facility if closing such part will require the transfer or discharge of more than 10% of the residents. Such notice shall be given to the Department, to any resident who must be transferred or discharged, to the resident's representative, and to a member of the resident's family, where practicable. Notice shall state the proposed date of closing and the reason for closing. The facility shall offer to assist the resident in securing an alternative placement and shall advise the resident on available alternatives. Where the resident is unable to choose an alternate placement and is not under guardianship, the Department shall be notified of the need for relocation assistance. The facility shall comply with all applicable laws and regulations until the date of closing, including those related to transfer or discharge of residents. The Department may place a relocation team in the facility as provided under Section 3-419. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/Art. III Pt. 5 heading) 
			
		
		PART 5.  
		MONITORS AND RECEIVERSHIP
		(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-501)Sec. 3-501. Monitor or receiver for facility; grounds.     The Department may place an employee or agent to serve as a monitor in a facility or may petition the circuit court for appointment of a receiver for a facility, or both, when any of the following conditions exist:(a) The facility is operating without a license;(b) The Department has suspended, revoked or refused
    to renew the existing license of the facility;(c) The facility is closing or has informed the
    Department that it intends to close and adequate arrangements for relocation of residents have not been made at least 30 days prior to closure;(d) The Department determines that an emergency
    exists, whether or not it has initiated revocation or nonrenewal procedures, if because of the unwillingness or inability of the licensee to remedy the emergency the Department believes a monitor or receiver is necessary;(e) The Department is notified that the facility is
    terminated or will not be renewed for participation in the federal reimbursement program under either Title XVIII or Title XIX of the Social Security Act.

    As used in subsection (d) and Section 3-503, "emergency" means a threat to the health, safety or welfare of a resident that the facility is unwilling or unable to correct;(f) The facility has been designated a distressed facility by the Department and does not have a consultant employed pursuant to subsection (f) of Section 3-304.2 of this Act and an acceptable plan of improvement, or the Department has reason to believe the facility is not complying with the plan of improvement. Nothing in this paragraph (f) shall preclude the Department from placing a monitor in a facility if otherwise justified by law; or(g) At the discretion of the Department when a review of facility compliance history, incident reports, or reports of financial problems raises a concern that a threat to resident health, safety, or welfare exists. (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-502)Sec. 3-502. Placement of monitor by Department. In any situation described in Section 3-501, the Department may place a qualified person to act as monitor in the facility. The monitor shall observe operation of the facility, assist the facility by advising it on how to comply with the State regulations, and shall report periodically to the Department on the operation of the facility. Once a monitor has been placed, the Department may retain the monitor until it is satisfied that the basis for the placement is resolved and the threat to the health, safety, or welfare of a resident is not likely to recur. 
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-503)Sec. 3-503. Emergency; petition for receiver. Where a resident, a resident's representative or a resident's next of kin believes that an emergency exists each of them, collectively or separately, may file a verified petition to the circuit court for the county in which the facility is located for an order placing the facility under the control of a receiver. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-504)Sec. 3-504. Hearing on petition for receiver; grounds for appointment of receiver. The court shall hold a hearing within 5 days of the filing of the petition. The petition and notice of the hearing shall be served on the owner, administrator or designated agent of the facility as provided under the Civil Practice Law, or the petition and notice of hearing shall be posted in a conspicuous place in the facility not later than 3 days before the time specified for the hearing, unless a different period is fixed by order of the court. The court shall appoint a receiver if it finds that:(a) The facility is operating without a license;(b) The Department has suspended, revoked or refused to renew the existing license of a facility;(c) The facility is closing or has informed the Department that it intends to close and adequate arrangements for relocation of residents have not been made at least 30 days prior to closure; or(d) An emergency exists, whether or not the Department has initiated revocation or nonrenewal procedures, if because of the unwillingness or inability of the licensee to remedy the emergency the appointment of a receiver is necessary.

(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-505)Sec. 3-505. Emergency; time for hearing. If a petition filed under Section 3-503 alleges that the conditions set out in subsection 3-504 (d) exist within a facility, the court may set the matter for hearing at the earliest possible time. The petitioner shall notify the licensee, administrator of the facility, or registered agent of the licensee prior to the hearing. Any form of written notice may be used. A receivership shall not be established ex parte unless the court determines that the conditions set out in subsection 3-504(d) exist in a facility; that the licensee cannot be found; and that the petitioner has exhausted all reasonable means of locating and notifying the licensee, administrator or registered agent. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-506)Sec. 3-506. Appointment of receiver. The court may appoint any qualified person as a receiver, except it shall not appoint any owner or affiliate of the facility which is in receivership as its receiver. The Department shall maintain a list of such persons to operate facilities which the court may consider. The court shall give preference to licensed nursing home administrators in appointing a receiver. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-507)Sec. 3-507. Health, safety, and welfare of residents. The receiver shall make provisions for the continued health, safety and welfare of all residents of the facility. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-508)Sec. 3-508. Receiver's powers and duties. A receiver appointed under this Act:(a) Shall exercise those powers and shall perform those duties set out by the court.(b) Shall operate the facility in such a manner as to assure safety and adequate health care for the residents.(c) Shall have the same rights to possession of the building in which the facility is located and of all goods and fixtures in the building at the time the petition for receivership is filed as the owner would have had if the receiver had not been appointed, and of all assets of the facility. The receiver shall take such action as is reasonably necessary to protect or conserve the assets or property of which the receiver takes possession, or the proceeds from any transfer thereof, and may use them only in the performance of the powers and duties set forth in this Section and by order of the court.(d) May use the building, fixtures, furnishings and any accompanying consumable goods in the provision of care and services to residents and to any other persons receiving services from the facility at the time the petition for receivership was filed. The receiver shall collect payments for all goods and services provided to residents or others during the period of the receivership at the same rate of payment charged by the owners at the time the petition for receivership was filed.(e) May correct or eliminate any deficiency in the structure or furnishings of the facility which endangers the safety or health of residents while they remain in the facility, provided the total cost of correction does not exceed $3,000. The court may order expenditures for this purpose in excess of $3,000 on application from the receiver after notice to the owner and hearing.(f) May let contracts and hire agents and employees to carry out the powers and duties of the receiver under this Section.(g) Except as specified in Section 3-510, shall honor all leases, mortgages and secured transactions governing the building in which the facility is located and all goods and fixtures in the building of which the receiver has taken possession, but only to the extent of payments which, in the case of a rental agreement, are for the use of the property during the period of the receivership, or which, in the case of a purchase agreement, come due during the period of the receivership.(h) Shall have full power to direct and manage and to discharge employees of the facility, subject to any contract rights they may have. The receiver shall pay employees at the same rate of compensation, including benefits, that the employees would have received from the owner. Receivership does not relieve the owner of any obligation to employees not carried out by the receiver.(i) Shall, if any resident is transferred or discharged, follow the procedures set forth in Part 4 of this Article.(j) Shall be entitled to and shall take possession of all property or assets of residents which are in the possession of a facility or its owner. The receiver shall preserve all property, assets and records of residents of which the receiver takes possession and shall provide for the prompt transfer of the property, assets and records to the new placement of any transferred resident.(k) Shall report to the court on any actions he has taken to bring the facility into compliance with this Act or with Title XVIII or XIX of the Social Security Act that he believes should be continued when the receivership is terminated in order to protect the health, safety or welfare of the residents.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-509)Sec. 3-509. Payment for goods or services provided by receiver.(a) A person who is served with notice of an order of the court appointing a receiver and of the receiver's name and address shall be liable to pay the receiver for any goods or services provided by the receiver after the date of the order if the person would have been liable for the goods or services as supplied by the owner. The receiver shall give a receipt for each payment and shall keep a copy of each receipt on file. The receiver shall deposit amounts received in a separate account and shall use this account for all disbursements.(b) The receiver may bring an action to enforce the liability created by subsection (a) of this Section.(c) A payment to the receiver of any sum owing to the facility or its owner shall discharge any obligation to the facility to the extent of the payment.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-510)Sec. 3-510. Receiver's avoidance of obligations; reasonable rental, price, or rate of interest to be paid by receiver.(a) A receiver may petition the court that he or she not be required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into by the owner of the facility if the rent, price or rate of interest required to be paid under the agreement was substantially in excess of a reasonable rent, price or rate of interest at the time the contract was entered into, or if any material provision of the agreement was unreasonable.(b) If the receiver is in possession of real estate or goods subject to a lease, mortgage or security interest which the receiver has obtained a court order to avoid under subsection (a) of this Section, and if the real estate or goods are necessary for the continued operation of the facility under this Section, the receiver may apply to the court to set a reasonable rental, price or rate of interest to be paid by the receiver during the duration of the receivership. The court shall hold a hearing on the application within 15 days. The receiver shall send notice of the application to any known persons who own the property involved at least 10 days prior to the hearing. Payment by the receiver of the amount determined by the court to be reasonable is a defense to any action against the receiver for payment or for possession of the goods or real estate subject to the lease, security interest or mortgage involved by any person who received such notice, but the payment does not relieve the owner of the facility of any liability for the difference between the amount paid by the receiver and the amount due under the original lease, security interest or mortgage involved.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-511)Sec. 3-511. Insufficient funds collected; reimbursement of receiver by Department. If funds collected under Sections 3-508 and 3-509 are insufficient to meet the expenses of performing the powers and duties conferred on the receiver, or if there are insufficient funds on hand to meet those expenses, the Department may reimburse the receiver for those expenses from funds appropriated for its ordinary and contingent expenses by the General Assembly after funds contained in the Long Term Care Monitor/Receiver Fund have been exhausted. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-512)Sec. 3-512. Receiver's compensation. The court shall set the compensation of the receiver, which will be considered a necessary expense of a receivership under Section 3-516.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-513)Sec. 3-513. Action against receiver.(a) In any action or special proceeding brought against a receiver in the receiver's official capacity for acts committed while carrying out powers and duties under this Article, the receiver shall be considered a public employee under the Local Governmental and Governmental Employees Tort Immunity Act, as now or hereafter amended.(b) A receiver may be held liable in a personal capacity only for the receiver's own gross negligence, intentional acts or breach of fiduciary duty.(c) The court may require a receiver to post a bond.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-514)Sec. 3-514. License to facility in receivership. Other provisions of this Act notwithstanding, the Department may issue a license to a facility placed in receivership. The duration of a license issued under this Section is limited to the duration of the receivership. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-515)Sec. 3-515. Termination of receivership. The court may terminate a receivership:(a) If the time period specified in the order
    appointing the receiver elapses and is not extended;(b) If the court determines that the receivership is
    no longer necessary because the conditions which gave rise to the receivership no longer exist; or the Department grants the facility a new license, whether the structure of the facility, the right to operate the facility, or the land on which it is located is under the same or different ownership; or(c) If all of the residents in the facility have
    been transferred or discharged.

    Before terminating a receivership, the court may order the Department to require any licensee to comply with the recommendations of the receiver made under subsection (k) of Section 3-508. A licensee may petition the court to be relieved of this requirement.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-516)Sec. 3-516. Accounting by receiver; Department's lien.(a) Within 30 days after termination, the receiver shall give the court a complete accounting of all property of which the receiver has taken possession, of all funds collected, and of the expenses of the receivership.(b) If the operating funds collected by the receiver under Sections 3-508 and 3-509 exceed the reasonable expenses of the receivership, the court shall order payment of the surplus to the owner, after reimbursement of funds drawn from the contingency fund under Section 3-511. If the operating funds are insufficient to cover the reasonable expenses of the receivership, the owner shall be liable for the deficiency. Payment recovered from the owner shall be used to reimburse the contingency fund for amounts drawn by the receiver under Section 3-511.(c) The Department shall have a lien for any payment made under Section 3-511 upon any beneficial interest, direct or indirect, of any owner in the following property:(1) The building in which the facility is located;(2) Any fixtures, equipment or goods used in the     operation of the facility;(3) The land on which the facility is located; or(4) The proceeds from any conveyance of property     described in subparagraphs (1), (2) or (3) above, made by the owner within one year prior to the filing of the petition for receivership.(d) The lien provided by this Section is prior to any lien or other interest which originates subsequent to the filing of a petition for receivership under this Article, except for a construction or mechanic's lien arising out of work performed with the express consent of the receiver.(e) The receiver shall, within 60 days after termination of the receivership, file a notice of any lien created under this Section. If the lien is on real property, the notice shall be filed with the recorder. If the lien is on personal property, the lien shall be filed with the Secretary of State. The notice shall specify the name of the person against whom the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien shall exist under this Article against any person, on any property, or for any amount not specified in the notice filed under this subsection (e).
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-517)Sec. 3-517. Civil and criminal liability during receivership. Nothing in this Act shall be deemed to relieve any owner, administrator or employee of a facility placed in receivership of any civil or criminal liability incurred, or any duty imposed by law, by reason of acts or omissions of the owner, administrator, or employee prior to the appointment of a receiver; nor shall anything contained in this Act be construed to suspend during the receivership any obligation of the owner, administrator, or employee for payment of taxes or other operating and maintenance expenses of the facility nor of the owner, administrator, employee or any other person for the payment of mortgages or liens. The owner shall retain the right to sell or mortgage any facility under receivership, subject to approval of the court which ordered the receivership. 
(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.) (210 ILCS 47/Art. III Pt. 6 heading) 
			
		
		PART 6.  
		DUTIES
		(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-601)Sec. 3-601. Liability for injury to resident. The owner and licensee are liable to a resident for any intentional or negligent act or omission of their agents or employees which injures the resident.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-602)Sec. 3-602. Damages for violation of resident's rights. The licensee shall pay the actual damages and costs and attorney's fees to a facility resident whose rights, as specified in Part 1 of Article II of this Act, are violated. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-603)Sec. 3-603. Action by resident. A resident may maintain an action under this Act for any other type of relief, including injunctive and declaratory relief, permitted by law. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-604)Sec. 3-604. Class action; remedies cumulative. Any damages recoverable under Sections 3-601 through 3-607, including minimum damages as provided by these Sections, may be recovered in any action which a court may authorize to be brought as a class action pursuant to the Civil Practice Law. The remedies provided in Sections 3-601 through 3-607, are in addition to and cumulative with any other legal remedies available to a resident. Exhaustion of any available administrative remedies shall not be required prior to commencement of suit hereunder.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-605)Sec. 3-605. Amount of damages; no effect on medical assistance eligibility. The amount of damages recovered by a resident in an action brought under Sections 3-601 through 3-607 shall be exempt for purposes of determining initial or continuing eligibility for medical assistance under the Illinois Public Aid Code, as now or hereafter amended, and shall neither be taken into consideration nor required to be applied toward the payment or partial payment of the cost of medical care or services available under the Illinois Public Aid Code.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-606)Sec. 3-606. Waiver of resident's right to bring action prohibited. Any waiver by a resident or his or her legal representative of the right to commence an action under Sections 3-601 through 3-607, whether oral or in writing, shall be null and void, and without legal force or effect.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-607)Sec. 3-607. Trial by jury. Any party to an action brought under Sections 3-601 through 3-607 shall be entitled to a trial by jury and any waiver of the right to a trial by a jury, whether oral or in writing, prior to the commencement of an action, shall be null and void, and without legal force or effect. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-608)Sec. 3-608. Retaliation against resident prohibited. A licensee or its agents or employees shall not transfer, discharge, evict, harass, dismiss, or retaliate against a resident, a resident's representative, or an employee or agent who makes a report under Section 2-107, brings or testifies in an action under Sections 3-601 through 3-607, or files a complaint under Section 3-702, because of the report, testimony, or complaint. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-609)Sec. 3-609. Immunity from liability for making report. Any person, institution or agency, under this Act, participating in good faith in the making of a report, or in the investigation of such a report shall not be deemed to have violated any privileged communication and shall have immunity from any liability, civil, criminal or any other proceedings, civil or criminal as a consequence of making such report. The good faith of any persons required to report, or permitted to report, cases of suspected resident abuse or neglect under this Act, shall be presumed. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-610)Sec. 3-610. Duty to report violations.(a) A facility employee or agent who becomes aware of abuse or neglect of a resident prohibited by Section 2-107 shall immediately report the matter to the Department and to the facility administrator. A facility administrator who becomes aware of abuse or neglect of a resident prohibited by Section 2-107 shall immediately report the matter by telephone and in writing to the resident's representative, and to the Department. Any person may report a violation of Section 2-107 to the Department.(b) A facility employee or agent who becomes aware of another facility employee or agent's theft or misappropriation of a resident's property must immediately report the matter to the facility administrator. A facility administrator who becomes aware of a facility employee or agent's theft or misappropriation of a resident's property must immediately report the matter by telephone and in writing to the resident's representative, to the Department, and to the local law enforcement agency. Neither a licensee nor its employees or agents may dismiss or otherwise retaliate against a facility employee or agent who reports the theft or misappropriation of a resident's property under this subsection.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-611)Sec. 3-611. Employee as perpetrator of abuse. When an investigation of a report of suspected abuse of a recipient indicates, based upon credible evidence, that an employee of a long term care facility is the perpetrator of the abuse, that employee shall immediately be barred from any further contact with residents of the facility, pending the outcome of any further investigation, prosecution or disciplinary action against the employee.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-612)Sec. 3-612. Resident as perpetrator of abuse. When an investigation of a report of suspected abuse of a resident indicates, based upon credible evidence, that another resident of the long term care facility is the perpetrator of the abuse, that resident's condition shall be immediately evaluated to determine the most suitable therapy and placement for the resident, considering the safety of that resident as well as the safety of other residents and employees of the facility. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-613)(Text of Section from P.A. 102-1007)Sec. 3-613. Facility employee assistance programs. A facility shall ensure that nurses employed by the facility are aware of employee assistance programs or other like programs available for the physical and mental well-being of the employee.  The facility shall provide information on these programs, no less than at the time of employment and during any benefit open enrollment period, by an information form about the respective programs that a nurse must sign during onboarding at the facility.  The signed information form shall be added to the nurse's personnel file.  The facility may provide this information to nurses electronically.
(Source: P.A. 102-1007, eff. 1-1-23.)(Text of Section from P.A. 102-1037)Sec. 3-613. Certified nursing assistant interns.(a) A certified nursing assistant intern shall report to a facility's charge nurse or nursing supervisor and may only be assigned duties authorized in Section 2310-434 of the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois by a supervising nurse.(b) A facility shall notify its certified and licensed staff members, in writing, that a certified nursing assistant intern may only provide the services and perform the procedures permitted under Section 2310-434 of the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois. The notification shall detail which duties may be delegated to a certified nursing assistant intern. The facility shall establish a policy describing the authorized duties, supervision, and evaluation of certified nursing assistant interns available upon request of the Department and any surveyor.(c) If a facility learns that a certified nursing assistant intern is performing work outside the scope of the Certified Nursing Assistant Intern Program's training, the facility shall:(1) stop the certified nursing assistant intern from     performing the work;(2) inspect the work and correct mistakes, if the     work performed was done improperly;(3) assign the work to the appropriate personnel; and(4) ensure that a thorough assessment of any resident     involved in the work performed is completed by a registered nurse.(d) A facility that employs a certified nursing assistant intern in violation of this Section shall be subject to civil penalties or fines under Section 3-305. 
(Source: P.A. 102-1037, eff. 6-2-22.) (210 ILCS 47/Art. III Pt. 7 heading) 
			
		
		PART 7.  
		COMPLAINT, HEARING, AND APPEAL
		(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-701)Sec. 3-701. Public nuisance; action for injunction. The operation or maintenance of a facility in violation of this Act, or of the rules and regulations promulgated by the Department, is declared a public nuisance inimical to the public welfare. The Director in the name of the people of the State, through the Attorney General, or the State's Attorney of the county in which the facility is located, or in respect to any city, village or incorporated town which provides for the licensing and regulation of any or all such facilities, the Director or the mayor or president of the Board of Trustees, as the case may require, of the city, village or incorporated town, in the name of the people of the State, through the Attorney General or State's attorney of the county in which the facility is located, may, in addition to other remedies herein provided, bring action for an injunction to restrain such violation or to enjoin the future operation or maintenance of any such facility. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-702)Sec. 3-702. Request for investigation of violation.(a) A person who believes that this Act or a rule promulgated under this Act may have been violated may request an investigation. The request may be submitted to the Department in writing, by telephone, by electronic means, or by personal visit. An oral complaint shall be reduced to writing by the Department. The Department shall make available, through
its website and upon request, information regarding the oral
and phone intake processes and the list of questions that will
be asked of the complainant. The Department shall request information identifying the complainant, including the name, address and telephone number, to help enable appropriate follow up. The Department shall act on such complaints via on-site visits or other methods deemed appropriate to handle the complaints with or without such identifying information, as otherwise provided under this Section. The complainant shall be informed that compliance with such request is not required to satisfy the procedures for filing a complaint under this Act. The Department must notify complainants that complaints with less information provided are far more difficult to respond to and investigate.(b) The substance of the complaint shall be provided in writing to the licensee, owner or administrator no earlier than at the commencement of an on-site inspection of the facility which takes place pursuant to the complaint.(c) The Department shall not disclose the name of the complainant unless the complainant consents in writing to the disclosure or the investigation results in a judicial proceeding, or unless disclosure is essential to the investigation. The complainant shall be given the opportunity to withdraw the complaint before disclosure. Upon the request of the complainant, the Department may permit the complainant or a representative of the complainant to accompany the person making the on-site inspection of the facility.(d) Upon receipt of a complaint, the Department shall determine whether this Act or a rule promulgated under this Act has been or is being violated. The Department shall investigate all complaints alleging abuse or neglect within 7 days after the receipt of the complaint except that complaints of abuse or neglect which indicate that a resident's life or safety is in imminent danger shall be investigated within 24 hours after receipt of the complaint. All other complaints shall be investigated within 30 days after the receipt of the complaint. The Department employees investigating a complaint shall conduct a brief, informal exit conference with the facility to alert its administration of any suspected serious deficiency that poses a direct threat to the health, safety or welfare of a resident to enable an immediate correction for the alleviation or elimination of such threat. Such information and findings discussed in the brief exit conference shall become a part of the investigating record but shall not in any way constitute an official or final notice of violation as provided under Section 3-301. All complaints shall be classified as "an invalid report", "a valid report", or "an undetermined report". For any complaint classified as "a valid report", the Department must determine within 30 working days if any rule or provision of this Act has been or is being violated.(d-1) The Department shall, whenever possible, combine an on site investigation of a complaint in a facility with other inspections in order to avoid duplication of inspections.(e) In all cases, the Department shall inform the complainant of its findings within 10 days of its determination unless otherwise indicated by the complainant, and the complainant may direct the Department to send a copy of such findings to another person. The Department's findings may include comments or documentation provided by either the complainant or the licensee pertaining to the complaint. The Department shall also notify the facility of such findings within 10 days of the determination, but the name of the complainant or residents shall not be disclosed in this notice to the facility. The notice of such findings shall include a copy of the written determination; the correction order, if any; the warning notice, if any; the inspection report; or the State licensure form on which the violation is listed.(f) A written determination, correction order, or warning notice concerning a complaint, together with the facility's response, shall be available for public inspection, but the name of the complainant or resident shall not be disclosed without his or her consent.(g) A complainant who is dissatisfied with the determination or investigation by the Department may request a hearing under Section 3-703. The facility shall be given notice of any such hearing and may participate in the hearing as a party. If a facility requests a hearing under Section 3-703 which concerns a matter covered by a complaint, the complainant shall be given notice and may participate in the hearing as a party. A request for a hearing by either a complainant or a facility shall be submitted in writing to the Department within 30 days after the mailing of the Department's findings as described in subsection (e) of this Section. Upon receipt of the request the Department shall conduct a hearing as provided under Section 3-703.(g-5) The Department shall conduct an annual review and
make a report concerning the complaint process that includes
the number of complaints received, the breakdown of anonymous
and non-anonymous complaints and whether the complaints were
substantiated or not, the total number of substantiated
complaints, and any other complaint information requested by
the DD Facility Advisory Board. This report shall be provided to the DD Facility Advisory Board. The DD Facility Advisory Board shall review the report and suggest any changes deemed necessary to the Department for review and action, including how to investigate and substantiate anonymous complaints.(h) Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection (a)(8) of Section 26-1 of the Criminal Code of 2012.

(Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14.) (210 ILCS 47/3-703)Sec. 3-703. Hearing to contest decision; applicable provisions. Any person requesting a hearing pursuant to Sections 2-110, 3-115, 3-118, 3-119, 3-119.1, 3-301, 3-303, 3-309, 3-410, 3-422 or 3-702 to contest a decision rendered in a particular case may have such decision reviewed in accordance with Sections 3-703 through 3-712. 
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-704)Sec. 3-704. Hearing; notice; commencement. A request for a hearing by aggrieved persons shall be taken to the Department as follows:(a) Upon the receipt of a request in writing for a hearing, the Director or a person designated in writing by the Director to act as a hearing officer shall conduct a hearing to review the decision.(b) Before the hearing is held, notice of the hearing shall be sent by the Department to the person making the request for the hearing and to the person making the decision which is being reviewed. In the notice the Department shall specify the date, time and place of the hearing which shall be held not less than 10 days after the notice is mailed or delivered. The notice shall designate the decision being reviewed. The notice may be served by delivering it personally to the parties or their representatives or by mailing it by certified mail to the parties' addresses.(c) The Department shall commence the hearing within 30 days of the receipt of request for hearing. The hearing shall proceed as expeditiously as practicable, but in all cases shall conclude within 90 days of commencement.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-705)Sec. 3-705. Subpoenas. The Director or hearing officer may compel by subpoena or subpoena duces tecum the attendance and testimony of witnesses and the production of books and papers, and administer oaths to witnesses.
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-706)Sec. 3-706. Appearance at hearing; depositions; record. The Director or hearing officer shall permit any party to appear in person and to be represented by counsel at the hearing, at which time the applicant or licensee shall be afforded an opportunity to present all relevant matter in support of his position. In the event of the inability of any party or the Department to procure the attendance of witnesses to give testimony or produce books and papers, any party or the Department may take the deposition of witnesses in accordance with the provisions of the laws of this State. All testimony taken at a hearing shall be reduced to writing, and all such testimony and other evidence introduced at the hearing shall be a part of the record of the hearing. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-707)Sec. 3-707. Findings of fact; decision. The Director or hearing officer shall make findings of fact in such hearing, and the Director shall render his or her decision within 30 days after the termination of the hearing, unless additional time not to exceed 90 days is required by him or her for a proper disposition of the matter. When the hearing has been conducted by a hearing officer, the Director shall review the record and findings of fact before rendering a decision. All decisions rendered by the Director shall be binding upon and complied with by the Department, the facility or the persons involved in the hearing, as appropriate to each case. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-708)Sec. 3-708. Rules of evidence and procedure. The Director or hearing officer shall not be bound by common law or statutory rules of evidence, or by technical or formal rules of procedure, but shall conduct hearings in the manner best calculated to result in substantial justice. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-709)Sec. 3-709. Service of subpoenas; witness fees. All subpoenas issued by the Director or hearing officer may be served as provided for in civil actions. The fees of witnesses for attendance and travel shall be the same as the fees for witnesses before the circuit court and shall be paid by the party to such proceeding at whose request the subpoena is issued. If such subpoena is issued at the request of the Department or by a person proceeding in forma pauperis the witness fee shall be paid by the Department as an administrative expense. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-710)Sec. 3-710. Compelling obedience to subpoena. In cases of refusal of a witness to attend or testify or to produce books or papers, concerning any matter upon which he might be lawfully examined, the circuit court of the county wherein the hearing is held, upon application of any party to the proceeding, may compel obedience by a proceeding for contempt as in cases of a like refusal to obey a similar order of the court. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-711)Sec. 3-711. Record of hearing; transcript. The Department, at its expense, shall provide a stenographer to take the testimony, or otherwise record the testimony, and preserve a record of all proceedings under this Section. The notice of hearing, the complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, and the findings and decision shall be the record of the proceedings. The Department shall furnish a transcript of such record to any person interested in such hearing upon payment therefor of 70 cents per page for each original transcript and 25 cents per page for each certified copy thereof. However, the charge for any part of such transcript ordered and paid for previous to the writing of the original record shall be 25 cents per page. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-712)Sec. 3-712. Certification of record; fee. The Department shall not be required to certify any record or file any answer or otherwise appear in any proceeding for judicial review under Section 3-713 of this Act unless there is filed with the complaint a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record, which cost shall be computed at the rate of 95 cents per page of such record. Failure on the part of the plaintiff to file such receipt in Court shall be grounds for dismissal of the action; provided, however, that persons proceeding in forma pauperis with the approval of the circuit court shall not be required to pay these fees. 
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) (210 ILCS 47/3-713)Sec. 3-713. Judicial review; stay of enforcement of Department's decision.(a) Final administrative decisions after hearing shall be subject to judicial review exclusively as provided in the Administrative Review Law, as now or hereafter amended, except that any petition for judicial review of Department action under this Act shall be filed within 15 days after receipt of notice of the final agency determination. The term "administrative decision" has the meaning ascribed to it in Section 3-101 of the Code of Civil Procedure.(b) The court may stay enforcement of the Department's final decision or toll the continuing accrual of a penalty under Section 3-305 if a showing is made that there is a substantial probability that the party seeking review will prevail on the merits and will suffer irreparable harm if a stay is not granted, and that the facility will meet the requirements of this Act and the rules promulgated under this Act during such stay. Where a stay is granted the court may impose such conditions on the granting of the stay as may be necessary to safeguard the lives, health, rights, safety and welfare of residents, and to assure compliance by the facility with the requirements of this Act, including an order for transfer or discharge of residents under Sections 3-401 through 3-423 or for appointment of a receiver under Sections 3-501 through 3-517.(c) Actions brought under this Act shall be set for trial at the earliest possible date and shall take precedence on the court calendar over all other cases except matters to which equal or superior precedence is specifically granted by law.

(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-714)Sec. 3-714. Remedies cumulative. The remedies provided by this Act are cumulative and shall not be construed as restricting any party from seeking any remedy, provisional or otherwise, provided by law for the benefit of the party, from obtaining additional relief based upon the same facts. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/Art. III Pt. 8 heading) 
			
		
		PART 8.  
		MISCELLANEOUS PROVISIONS
		(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-801)Sec. 3-801. Rules and regulations. The Department shall have the power to adopt rules and regulations to carry out the purpose of this Act. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-801.1)Sec. 3-801.1. Access to records of resident with developmental disabilities. Notwithstanding the other provisions of this Act to the contrary, the agency designated by the Governor under Section 1 of "An Act in relation to the protection and advocacy of the rights of persons with developmental disabilities, and amending Acts therein named", enacted by the 84th General Assembly, shall have access to the records of a person with developmental disabilities who resides in a facility, subject to the limitations of this Act. The agency shall also have access for the purpose of inspection and copying, to the records of a person with developmental disabilities who resides in any such facility if (1) a complaint is received by such agency from or on behalf of the person with a developmental disability, and (2) such person does not have a guardian or the State or the designee of the State is the guardian of such person. The designated agency shall provide written notice to the person with developmental disabilities and the State guardian of the nature of the complaint based upon which the designated agency has gained access to the records. No record or the contents of any record shall be redisclosed by the designated agency unless the person with developmental disabilities and the State guardian are provided 7 days' advance written notice, except in emergency situations, of the designated agency's intent to redisclose such record, during which time the person with developmental disabilities or the State guardian may seek to judicially enjoin the designated agency's redisclosure of such record on the grounds that such redisclosure is contrary to the interests of the person with developmental disabilities. If a person with developmental disabilities resides in such a facility and has a guardian other than the State or the designee of the State, the facility director shall disclose the guardian's name, address, and telephone number to the designated agency at the agency's request.Upon request, the designated agency shall be entitled to inspect and copy any records or other materials which may further the agency's investigation of problems affecting numbers of persons with developmental disabilities. When required by law any personally identifiable information of persons with a developmental disability shall be removed from the records. However, the designated agency may not inspect or copy any records or other materials when the removal of personally identifiable information imposes an unreasonable burden on the facility.
    For the purposes of this Section, "developmental disability" means "developmental disability" as defined in Section 1-106 of the Mental Health and Developmental Disabilities Code.
(Source: P.A. 102-972, eff. 1-1-23.) (210 ILCS 47/3-801.05)Sec. 3-801.05. Rules adopted under prior law. The Department shall adopt rules to implement the changes concerning licensure of facilities under this Act instead of under the Nursing Home Care Act. Until the Department adopts those rules, the rules adopted under the Nursing Home Care Act that apply to facilities subject to licensure under this Act shall continue to apply to those facilities. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-802)Sec. 3-802. Illinois Administrative Procedure Act. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department under this Act. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-803)Sec. 3-803. Treatment by prayer or spiritual means. Nothing in this Act or the rules and regulations adopted pursuant thereto shall be construed as authorizing the medical supervision, regulation, or control of the remedial care or treatment of residents in any facility conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well recognized church or religious denomination. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-804)Sec. 3-804. Report to General Assembly. The Department shall report to the General Assembly by April 1 of each year upon the performance of its inspection, survey and evaluation duties under this Act, including the number and needs of the Department personnel engaged in such activities. The report shall also describe the Department's actions in enforcement of this Act, including the number and needs of personnel so engaged. The report shall also include the number of valid and invalid complaints filed with the Department within the last calendar year. 
(Source: P.A. 96-339, eff. 7-1-10.) (210 ILCS 47/3-808)Sec. 3-808. Protocol for sexual assault victims; MR/DD facility. The Department shall develop a protocol for the care and treatment of residents who have been sexually assaulted in a MR/DD facility or elsewhere.
(Source: P.A. 97-38, eff. 6-28-11.) (210 ILCS 47/3-808.5)Sec. 3-808.5. Facility fraud, abuse, or neglect prevention and reporting.(a) A facility licensed to provide care to 17 or more residents that receives Medicaid funding shall prominently display in its lobby, in its dining areas, and on each floor of the facility information approved by the Illinois Medicaid Fraud Control Unit on how to report fraud, abuse, and neglect. A facility licensed to provide care to fewer than 17 residents that receives Medicaid funding shall prominently display in the facility so as to be easily seen by all residents, visitors, and employees information approved by the Illinois Medicaid Fraud Control Unit on how to report fraud, abuse, and neglect. In addition, information regarding the reporting of fraud, abuse, and neglect shall be provided to each resident at the time of admission and to the resident's guardian or resident's representative.(b) Any owner or licensee of a facility licensed under this Act shall be responsible for the collection and maintenance of any and all records required to be maintained under this Section and any other applicable provisions of this Act and as a provider under the Illinois Public Aid Code, and shall be responsible for compliance with all of the disclosure requirements under this Section. All books and records and other papers and documents that are required to be kept, and all records showing compliance with all of the disclosure requirements to be made pursuant to this Section, shall be kept by the licensee and available at the facility and shall, at all times during business hours, be subject to inspection by any law enforcement or health oversight agency or its duly authorized agents or employees.(c) Any report of abuse and neglect of residents made by any individual in whatever manner, including, but not limited to, reports made under Sections 2-107 and 3-610 of this Act, or as provided under the Abused and Neglected Long Term Care Facility Residents Reporting Act, that is made to an administrator, a director of nursing, or any other person with management responsibility at a facility must be disclosed to the owners and licensee of the facility within 24 hours of the report. The owners and licensee of a facility shall maintain all records necessary to show compliance with this disclosure requirement.(d) Any person with an ownership interest in a facility licensed by the Department must, within 30 days after the effective date of this amendatory Act of the 97th General Assembly, disclose the existence of any ownership interest in any vendor who does business with the facility. The disclosures required by this subsection (d) shall be made in the form and manner prescribed by the Department. Licensed facilities that receive Medicaid funding shall submit a copy of the disclosures required by this subsection (d) to the Illinois Medicaid Fraud Control Unit. The owners and licensee of a facility shall maintain all records necessary to show compliance with this disclosure requirement.(e) Notwithstanding the provisions of Section 3-318 of this Act and in addition thereto, any person, owner, or licensee who willfully fails to keep and maintain, or willfully fails to produce for inspection, books and records, or willfully fails to make the disclosures required by this Section, is guilty of a Class A misdemeanor. A second or subsequent violation of this Section shall be punishable as a Class 4 felony.(f) Any owner or licensee who willfully files or willfully causes to be filed a document with false information with the Department, the Department of Healthcare and Family Services, or the Illinois Medicaid Fraud Control Unit or any other law enforcement agency is guilty of a Class A misdemeanor.
(Source: P.A. 97-38, eff. 6-28-11.) (210 ILCS 47/3-809)Sec. 3-809. Rules to implement changes. In developing rules and regulations to implement changes made by this amendatory Act of the 97th General Assembly, the Department shall seek the input of advocates for facility residents, representatives of associations representing facilities, and representatives of associations representing employees of facilities.
(Source: P.A. 97-38, eff. 6-28-11.) (210 ILCS 47/3-810)Sec. 3-810. Whistleblower protection.(a) In this Section, "retaliatory action" means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms and conditions of employment of any employee of a facility that is taken in retaliation for the employee's involvement in a protected activity as set forth in paragraphs (1), (2), and (3) of subsection (b) of this Section.(b) A facility shall not take any retaliatory action against an employee of the facility, including a nursing home administrator, because the employee does any of the following:(1) Discloses or threatens to disclose to a     supervisor or to a public body an activity, inaction, policy, or practice implemented by a facility that the employee reasonably believes is in violation of a law, rule, or regulation.(2) Provides information to or testifies before any     public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by a nursing home administrator.(3) Assists or participates in a proceeding to     enforce the provisions of this Act.(c) A violation of this Section may be established only upon a finding that (1) the employee of the facility engaged in conduct described in subsection (b) of this Section and (2) this conduct was a contributing factor in the retaliatory action alleged by the employee. There is no violation of this Section, however, if the facility demonstrates by clear and convincing evidence that it would have taken the same unfavorable personnel action in the absence of that conduct.(d) The employee of the facility may be awarded all remedies necessary to make the employee whole and to prevent future violations of this Section. Remedies imposed by the court may include, but are not limited to, all of the following:(1) Reinstatement of the employee to either the same     position held before the retaliatory action or to an equivalent position.(2) Two times the amount of back pay.(3) Interest on the back pay.(4) Reinstatement of full fringe benefits and     seniority rights.(5) Payment of reasonable costs and attorney's fees.(e) Nothing in this Section shall be deemed to diminish the rights, privileges, or remedies of an employee of a facility under any other federal or State law, rule, or regulation or under any employment contract.
(Source: P.A. 97-38, eff. 6-28-11.)
(210 ILCS 49/Art. 1 heading) 
ARTICLE 1. SHORT TITLE, PRIOR LAW, AND DEFINITIONS
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/1-101)Sec. 1-101. Short title. This Act may be cited as the Specialized Mental Health Rehabilitation Act of 2013. 
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/1-101.3)Sec. 1-101.3. Legislative findings. Illinois is committed to providing behavioral health services in the most community-integrated settings possible, based on the needs of consumers who qualify for State support. This goal is consistent with federal law and regulations and recent court decrees. A variety of services and settings are necessary to ensure that people with serious mental illness receive high quality care that is oriented toward their safety, rehabilitation, and recovery.The State of Illinois has an inordinately high inpatient hospitalization rate for behavioral health services.  This is not productive for those needing behavioral health services.  It is also the least cost effective form of behavioral health delivery possible.  The General Assembly finds that alternatives to inpatient hospitalization for behavioral health are necessary to both improve outcomes and reduce costs.Residential settings are an important component of the system of behavioral health care that Illinois is developing. When residential treatment is necessary, these facilities must offer high quality rehabilitation and recovery care, help consumers achieve and maintain their highest level of independent functioning, and prepare them to live in permanent supportive housing and other community-integrated settings. Facilities licensed under this Act will be multi-faceted facilities that provide triage and crisis stabilization to inpatient hospitalization, provide stabilization for those in post crisis stabilization, and provide transitional living assistance to prepare those with serious mental illness to reintegrate successfully into community living settings.   Those licensed under this Act will provide care under a coordinated care model and seek appropriate national accreditation and provide productive and measurable outcomes.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/1-101.5)Sec. 1-101.5. Prior law.(a) This Act provides for licensure of long term care facilities that are federally designated as institutions for the mentally diseased on the effective date of this Act and specialize in providing services to individuals with a serious mental illness.  On and after the effective date of this Act, these facilities shall be governed by this Act instead of the Nursing Home Care Act. The existence of a current or pending administrative hearing, notice of violation, or other enforcement action, except for a pending notice of revocation, authorized under the Nursing Home Care Act shall not be a barrier to the provisional licensure of a facility under this Act. Provisional licensure under this Act shall not relieve a facility from the responsibility for the payment of any past, current, or future fines or penalties, or for any other enforcement remedy, imposed upon the facility under the Nursing Home Care Act.(b)       All consent decrees that apply to facilities federally designated as institutions for the mentally diseased shall continue to apply to facilities licensed under this Act.(c) A facility licensed under this Act may voluntarily close, and the facility may reopen in an underserved region of the State, if the facility receives a certificate of need from the Health Facilities and Services Review Board.   At no time shall the total number of licensed beds under this Act exceed the total number of licensed beds existing on July 22, 2013 (the effective date of Public Act 98-104). (Source: P.A. 100-365, eff. 8-25-17.) (210 ILCS 49/1-101.6)Sec. 1-101.6. (Repealed).   (Source: P.A. 99-78, eff. 7-20-15. Repealed internally, eff. 7-1-16.) (210 ILCS 49/1-102)Sec. 1-102. Definitions. For the purposes of this Act, unless the context otherwise requires:"Abuse" means any physical or mental injury or sexual assault inflicted on a consumer other than by accidental means in a facility."Accreditation" means any of the following:(1) the Joint Commission;(2) the Commission on Accreditation of Rehabilitation     Facilities;(3) the Healthcare Facilities Accreditation Program;     or(4) any other national standards of care as approved     by the Department."APRN" means an Advanced Practice Registered Nurse, nationally certified as a mental health or psychiatric nurse practitioner and licensed under the Nurse Practice Act."Applicant" means any person making application for a license or a provisional license under this Act."Consumer" means a person, 18 years of age or older, admitted to a mental health rehabilitation facility for evaluation, observation, diagnosis, treatment, stabilization, recovery, and rehabilitation."Consumer" does not mean any of the following:(i) an individual requiring a locked setting;(ii) an individual requiring psychiatric     hospitalization because of an acute psychiatric crisis;(iii) an individual under 18 years of age;(iv) an individual who is actively suicidal or     violent toward others;(v) an individual who has been found unfit to stand     trial and is currently subject to a court order requiring placement in  secure inpatient care in the custody of the Department of Human Services pursuant to Section 104-17 of the Code of Criminal Procedure of 1963;(vi) an individual who has been found not guilty by     reason of insanity and is currently subject to a court order requiring placement in  secure inpatient care in the custody of the Department of Human Services pursuant to Section 5-2-4 of the Unified Code of Corrections;(vii) an individual subject to temporary detention     and examination under Section 3-607 of the Mental Health and Developmental Disabilities Code;(viii) an individual deemed clinically appropriate     for inpatient admission in a State psychiatric hospital; and(ix) an individual transferred by the Department of     Corrections pursuant to Section  3-8-5 of the Unified Code of Corrections."Consumer record" means a record that organizes all information on the care, treatment, and rehabilitation services rendered to a consumer in a specialized mental health rehabilitation facility."Controlled drugs" means those drugs covered under the federal Comprehensive Drug Abuse Prevention Control Act of 1970, as amended, or the Illinois Controlled Substances Act."Department" means the Department of Public Health."Discharge" means the full release of any consumer from a facility."Drug administration" means the act in which a single dose of a prescribed drug or biological is given to a consumer.   The complete act of administration entails removing an individual dose from a container, verifying the dose with the prescriber's orders, giving the individual dose to the consumer, and promptly recording the time and dose given."Drug dispensing" means the act entailing the following of a prescription order for a drug or biological and proper selection, measuring, packaging, labeling, and issuance of the drug or biological to a consumer."Emergency" means a situation, physical condition, or one or more practices, methods, or operations which present imminent danger of death or serious physical or mental harm to consumers of a facility."Facility" means a specialized mental health rehabilitation facility that provides at least one of the following services: (1) triage center; (2) crisis stabilization; (3) recovery and rehabilitation supports; or (4) transitional living units for 3 or more persons. The facility shall provide a 24-hour program that provides intensive support and recovery services designed to assist persons, 18 years or older, with mental disorders to develop the skills to become self-sufficient and capable of increasing levels of independent functioning.  It includes facilities that meet the following criteria:(1) 100% of the consumer population of the facility     has a diagnosis of serious mental illness;(2) no more than 15% of the consumer population of     the facility is 65 years of age or older;(3) none of the consumers are non-ambulatory;(4) none of the consumers have a primary diagnosis of     moderate, severe, or profound intellectual disability; and(5)  the facility must have been licensed under the     Specialized Mental Health Rehabilitation Act or the Nursing Home Care Act immediately preceding July 22, 2013 (the effective date of this Act) and qualifies as an institute for mental disease under the federal definition of the term."Facility" does not include the following:(1) a home, institution, or place operated by the     federal government or agency thereof, or by the State of Illinois;(2) a hospital, sanitarium, or other institution     whose principal activity or business is the diagnosis, care, and treatment of human illness through the maintenance and operation as organized facilities therefor which is required to be licensed under the Hospital Licensing Act;(3) a facility for child care as defined in the Child     Care Act of 1969;(4) a community living facility as defined in the     Community Living Facilities Licensing Act;(5) a nursing home or sanitarium operated solely by     and for persons who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any well-recognized church or religious denomination;  however, such nursing home or sanitarium shall comply with all local laws and rules relating to sanitation and safety;(6) a facility licensed by the Department of Human     Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act;(7) a supportive residence licensed under the     Supportive Residences Licensing Act;(8) a supportive living facility in good standing     with the program established under Section 5-5.01a of the Illinois Public Aid Code, except only for purposes of the employment of persons in accordance with Section 3-206.01 of the Nursing Home Care Act;(9) an assisted living or shared housing     establishment licensed under the Assisted Living and Shared Housing Act, except only for purposes of the employment of persons in accordance with Section 3-206.01 of the Nursing Home Care Act;(10) an Alzheimer's disease management center     alternative health care model licensed under the Alternative Health Care Delivery Act;(11) a home, institution, or other place operated by     or under the authority of the Illinois Department of Veterans' Affairs;(12) a facility licensed under the ID/DD Community     Care Act;(13) a facility licensed under the Nursing Home Care     Act after July 22, 2013 (the effective date of this Act); or(14) a facility licensed under the MC/DD Act."Executive director" means a person who is charged with the general administration and supervision of a facility licensed under this Act and who is a licensed nursing home administrator, licensed practitioner of the healing arts, or qualified mental health professional."Guardian" means a person appointed as a guardian of the person or guardian of the estate, or both, of a consumer under the Probate Act of 1975."Identified offender" means a person who meets any of the following criteria:(1) Has been convicted of, found guilty of,     adjudicated delinquent for, found not guilty by reason of insanity for, or found unfit to stand trial for, any felony offense listed in Section 25 of the Health Care Worker Background Check Act, except for the following:(i) a felony offense described in Section 10-5 of         the Nurse Practice Act;(ii) a felony offense described in Section 4, 5,         6, 8, or 17.02 of the Illinois Credit Card and Debit Card Act;(iii) a felony offense described in Section 5,         5.1, 5.2, 7, or 9 of the Cannabis Control Act;(iv) a felony offense described in Section 401,         401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois Controlled Substances Act; and(v) a felony offense described in the         Methamphetamine Control and Community Protection Act.(2) Has been convicted of, adjudicated delinquent     for, found not guilty by reason of insanity for, or found unfit to stand trial for any sex offense as defined in subsection (c) of Section 10 of the Sex Offender Management Board Act."Transitional living units" are residential units within a facility that have the purpose of assisting the consumer in developing and reinforcing the necessary skills to live independently outside of the facility. The duration of stay in such a setting shall not exceed 120 days for each consumer.  Nothing in this definition shall be construed to be a prerequisite for transitioning out of a facility."Licensee" means the person, persons, firm, partnership, association, organization, company, corporation, or business trust to which a license has been issued."Misappropriation of a consumer's property" means the deliberate misplacement, exploitation, or wrongful temporary or permanent use of a consumer's belongings or money without the consent of a consumer or his or her guardian."Neglect" means a facility's failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance that is necessary to avoid physical harm and mental anguish of a consumer."Personal care" means assistance with meals, dressing, movement, bathing, or other personal needs, maintenance, or general supervision and oversight of the physical and mental well-being of an individual who is incapable of maintaining a private, independent residence or who is incapable of managing his or her person, whether or not a guardian has been appointed for such individual.  "Personal care" shall not be construed to confine or otherwise constrain a facility's pursuit to develop the skills and abilities of a consumer to become self-sufficient and capable of increasing levels of independent functioning."Recovery and rehabilitation supports" means a program that facilitates a consumer's longer-term symptom management and stabilization while preparing the consumer for transitional living units by improving living skills and community socialization. The duration of stay in such a setting shall be established by the Department by rule."Restraint" means:(i) a physical restraint that is any manual method or          physical or mechanical device, material, or equipment attached or adjacent to a consumer's body that the consumer cannot remove easily and restricts freedom of movement or normal access to one's body; devices used for positioning, including, but not limited to, bed rails, gait belts, and cushions, shall not be considered to be restraints for purposes of this Section; or(ii)   a chemical restraint that is any drug used for         discipline or convenience and not required to treat medical symptoms; the Department shall, by rule, designate certain devices as restraints, including at least all those devices that have been determined to be restraints by the United States Department of Health and Human Services in interpretive guidelines issued for the purposes of administering Titles XVIII and XIX of the federal Social Security Act. For the purposes of this Act, restraint shall be administered only after utilizing a coercive free environment and culture."Self-administration of medication" means consumers shall be responsible for the control, management, and use of their own medication."Crisis stabilization" means a secure and separate unit that provides short-term behavioral, emotional, or psychiatric crisis stabilization as an alternative to hospitalization or re-hospitalization for consumers from residential or community placement. The duration of stay in such a setting shall not exceed 21 days for each consumer."Therapeutic separation" means the removal of a consumer from the milieu to a room or area which is designed to aid in the emotional or psychiatric stabilization of that consumer."Triage center" means  a non-residential 23-hour center that serves as an alternative to emergency room care, hospitalization, or re-hospitalization for consumers in need of short-term crisis stabilization. Consumers may access a triage center from a number of referral sources, including family, emergency rooms, hospitals, community behavioral health providers, federally qualified health providers, or schools, including colleges or universities.  A triage center may be located in a building separate from the licensed location of a facility, but shall not be more than 1,000 feet from the licensed location of the facility and must meet all of the facility standards applicable to the licensed location.  If the triage center does operate in a separate building, safety personnel shall be provided, on site, 24 hours per day and  the triage center shall meet all other staffing requirements without counting any staff employed in the main facility building. 
(Source: P.A. 102-1053, eff. 6-10-22; 102-1118, eff. 1-18-23.)
(210 ILCS 49/Art. 11 heading) 
	 
  
  ARTICLE 11.
(Amendatory provisions; text omitted)
  (Source: P.A. 98-104, eff. 7-22-13; text omitted.)
(210 ILCS 49/Art. 12 heading) 
	 
  
  ARTICLE 12. 
(Amendatory and uncodified provisions; text omitted)
  (Source: P.A. 98-104, eff. 7-22-13; text omitted.)
(210 ILCS 49/Art. 2 heading) 
ARTICLE 2. GENERAL PROVISIONS
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/2-100)Sec. 2-100. Rulemaking. The Department is empowered to promulgate any rules necessary to ensure proper implementation and administration of this Act. 
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/2-101)Sec. 2-101. Standards for facilities.(a) The Department shall, by rule, prescribe minimum standards for each level of care for facilities to be in place during the provisional licensure period and thereafter. These standards shall include, but are not limited to, the following:(1) life safety standards that will ensure the     health, safety and welfare of residents and their protection from hazards;(2) number and qualifications of all personnel,     including management and clinical personnel, having responsibility for any part of the care given to consumers; specifically, the Department shall establish staffing ratios for facilities which shall specify the number of staff hours per consumer of care that are needed for each level of care offered within the facility;(3) all sanitary conditions within the facility and     its surroundings, including water supply, sewage disposal, food handling, and general hygiene which shall ensure the health and comfort of consumers;(4) a program for adequate maintenance of physical     plant and equipment;(5) adequate accommodations, staff, and services for     the number and types of services being offered to consumers for whom the facility is licensed to care;(6) development of evacuation and other appropriate     safety plans for use during weather, health, fire, physical plant, environmental, and national defense emergencies;(7) maintenance of minimum financial or other     resources necessary to meet the standards established under this Section, and to operate and conduct the facility in accordance with this Act;(8) standards for coercive free environment,     restraint, and therapeutic separation; and(9) each multiple bedroom shall have at least 55     square feet of net floor area per consumer, not including space for closets, bathrooms, and clearly defined entryway areas.  A minimum of 3 feet of clearance at the foot and one side of each bed shall be provided.(b) Any requirement contained in administrative rule concerning a percentage of single occupancy rooms shall be calculated based on the total number of licensed or provisionally licensed beds under this Act on January 1, 2019 and shall not be calculated on a per-facility basis. (Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.) (210 ILCS 49/2-101.5)Sec. 2-101.5. Closed captioning required. A facility licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a consumer's room, or enable the closed captioning feature when requested to do so by a member of the general public or a consumer, if the television includes a closed captioning feature.It is not a violation of this Section if the closed captioning feature is deactivated by a member of the facility's staff after such feature is enabled in a common area or in a consumer's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a consumer, or a member of the facility's staff at the request of a consumer of a facility licensed under this Act.If a facility licensed under this Act does not have a television in a common area that includes a closed captioning feature, then the facility licensed under this Act must ensure that all televisions obtained for common areas after the effective date of this amendatory Act of the 101st General Assembly include a closed captioning feature. This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law. Nothing in this Section shall apply to televisions that are privately owned by a resident or third party and not owned by the facility.As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.
(Source: P.A. 101-116, eff. 1-1-20.) (210 ILCS 49/2-102)Sec. 2-102. Staffing ratios.  The Department shall establish rules governing the minimum staffing levels and staffing qualifications for facilities. In crafting the staffing ratios, the Department shall take into account the ambulatory nature and mental health of the population served in the facilities. Staffing ratios shall be consistent with national accreditation standards in behavioral health from a recognized national accreditation entity as set forth in the definition of "accreditation" in Section 2-102.  The rules shall be created for each type of care offered at the facilities and be crafted to address the different type of services offered.  The staffing ratios contained in the rules shall specifically list the positions that are to be counted toward the staffing ratio.  In no case shall the staffing ratios contained in rule be less than the following ratios:(1) a staffing ratio of 3.6 hours of direct care for     crisis stabilization;(2) a staffing ratio  of 1.8 hours of direct care for     recovery and rehabilitation supports; and(3) a staffing ratio of 1.6 hours of direct care for     transitional living.(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/2-102.5)Sec. 2-102.5. Psychiatric visits. For the purposes of this Act, any required psychiatric visit to a consumer may be conducted by an APRN or by a physician.
(Source: P.A. 102-1053, eff. 6-10-22.) (210 ILCS 49/2-103)Sec. 2-103. Staff training.  Training for all new employees specific to the various levels of care offered by a facility shall be provided to employees during their orientation period and annually thereafter. Training shall be independent of the Department and overseen by the Division of Mental Health to determine the content of all facility employee training and to provide training for all trainers of facility employees. Training of employees shall be consistent with nationally recognized national accreditation standards as defined later in this Act.  Training of existing staff of a recovery and rehabilitation support center shall be conducted in accordance with, and on the schedule provided in, the staff training plan approved by the Division of Mental Health. Training of existing staff for any other level of care licensed under this Act, including triage, crisis stabilization, and transitional living shall be completed at a facility prior to the implementation of that level of care. Training shall be required for all existing staff at a facility prior to the implementation of any new services authorized under this Act. 
(Source: P.A. 100-365, eff. 8-25-17.) (210 ILCS 49/2-104)Sec. 2-104. Screening prior to admission.(a) A facility shall, within 24 hours after admission, request a criminal history background check pursuant to the Uniform Conviction Information Act for all persons age 18 or older seeking admission to the facility, unless a background check was initiated by a hospital pursuant to subsection (d) of Section 6.09 of the Hospital Licensing Act. Background checks conducted pursuant to this Section shall be based on the consumer's name, date of birth, and other identifiers as required by the Illinois State Police. If the results of the background check are inconclusive, the facility shall initiate a fingerprint-based check, unless the fingerprint check is waived by the Director of Public Health based on verification by the facility that the consumer meets  criteria related to the consumer's health or lack of potential risk which may be established by Departmental rule. A waiver issued pursuant to this Section shall be valid only while the consumer is immobile or while the criteria supporting the waiver exist. The facility shall provide for or arrange for any required fingerprint-based checks to be taken on the premises of the facility. If a fingerprint-based check is required, the facility shall arrange for it to be conducted in a manner that is respectful of the consumer's dignity and that minimizes any emotional or physical hardship to the consumer.(b) If the results of a consumer's criminal history background check reveal that the consumer is an identified offender as defined in this Act, the facility shall do the following:(1) Immediately notify the Illinois State Police, in     the form and manner required by the Illinois State Police, in collaboration with the Department of Public Health, that the consumer is an identified offender.(2) Within 72 hours, arrange for a fingerprint-based     criminal history record inquiry to be requested on the identified offender consumer. The inquiry shall be based on the subject's name, sex, race, date of birth, fingerprint images, and other identifiers required by the Illinois State Police. The inquiry shall be processed through the files of the Illinois State Police and the Federal Bureau of Investigation to locate any criminal history record information that may exist regarding the subject. The Federal Bureau of Investigation shall furnish to the Illinois State Police, pursuant to an inquiry under this paragraph (2), any criminal history record information contained in its files.(Source: P.A. 102-538, eff. 8-20-21.) (210 ILCS 49/2-105)Sec. 2-105. Criminal History Report.(a) The Illinois State Police shall prepare a Criminal History Report when it receives information, through the criminal history background check required pursuant to subsection (d) of Section 6.09 of the Hospital Licensing Act or subsection (c) of Section 2-201.5 of the Nursing Home Care Act, or through any other means, that a consumer of a facility is an identified offender.(b) The Illinois State Police shall complete the Criminal History Report within 10 business days after receiving information under subsection (a) that a consumer is an identified offender.(c) The Criminal History Report shall include, but not be limited to, the following:(1) Copies of the identified offender's parole,     mandatory supervised release, or probation orders.(2) An interview with the identified offender.(3) A detailed summary of the entire criminal history     of the offender, including arrests, convictions, and the date of the identified offender's last conviction relative to the date of admission to a long-term care facility.(4) If the identified offender is a convicted or     registered sex offender, a review of any and all sex offender evaluations conducted on that offender. If there is no sex offender evaluation available, the Illinois State Police shall arrange, through the Department of Public Health, for a sex offender evaluation to be conducted on the identified offender. If the convicted or registered sex offender is under supervision by the Illinois Department of Corrections or a county probation department, the sex offender evaluation shall be arranged by and at the expense of the supervising agency. All evaluations conducted on convicted or registered sex offenders under this Act shall be conducted by sex offender evaluators approved by the Sex Offender Management Board.(d) The Illinois State Police shall provide the Criminal History Report to a licensed forensic psychologist. After (i) consideration of the Criminal History Report, (ii) consultation with the facility administrator or the facility medical director, or both, regarding the mental and physical condition of the identified offender, and (iii) reviewing the facility's file on the identified offender, including all incident reports, all information regarding medication and medication compliance, and all information regarding previous discharges or transfers from other facilities, the licensed forensic psychologist shall prepare an Identified Offender Report and Recommendation. The Identified Offender Report and Recommendation shall detail whether and to what extent the identified offender's criminal history necessitates the implementation of security measures within the long-term care facility. If the identified offender is a convicted or registered sex offender or if the Identified Offender Report and Recommendation reveals that the identified offender poses a significant risk of harm to others within the facility, the offender shall be required to have his or her own room within the facility.(e) The licensed forensic psychologist shall complete the Identified Offender Report and Recommendation within 14 business days after receiving the Criminal History Report and shall promptly provide the Identified Offender Report and Recommendation to the Illinois State Police, which shall provide the Identified Offender Report and Recommendation to the following:(1) The facility within which the identified offender     resides.(2) The Chief of Police of the municipality in which     the facility is located.(3) The State of Illinois Long Term Care Ombudsman.(4) The Department of Public Health.(e-5) The Department of Public Health shall keep a continuing record of all consumers determined to be identified offenders as defined in Section 1-114.01 of the Nursing Home Care Act and shall report the number of identified offender consumers annually to the General Assembly.(f) The facility shall incorporate the Identified Offender Report and Recommendation into the identified offender's care plan created pursuant to 42 CFR 483.20.(g) If, based on the Identified Offender Report and Recommendation, a facility determines that it cannot manage the identified offender consumer safely within the facility, it shall commence involuntary transfer or discharge proceedings pursuant to Section 3-402.(h) Except for willful and wanton misconduct, any person authorized to participate in the development of a Criminal History Report or Identified Offender Report and Recommendation is immune from criminal or civil liability for any acts or omissions as the result of his or her good faith effort to comply with this Section.
(Source: P.A. 102-538, eff. 8-20-21.)
(210 ILCS 49/Art. 3 heading) 
ARTICLE 3. RIGHTS AND RESPONSIBILITIES
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/Art. 3 Pt. 1 heading) 
	 
  
  PART 1.
CONSUMER RIGHTS
  (Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-101)Sec. 3-101. Consumers' rights. Consumers served by a facility under this Act shall have all the rights guaranteed pursuant to Chapter II, Article I of the Mental Health and Developmental Disabilities Code, a list of which shall be prominently posted in English and any other language representing at least 5% of the county population in which the specialized mental health rehabilitation facility is located.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-102)Sec. 3-102. Financial affairs. A consumer shall be permitted to manage his or her own financial affairs unless he or she or his or her guardian authorizes the executive director of the facility in writing to manage the consumer's financial affairs.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-103)Sec. 3-103. Consumers' moneys and possessions. To the extent possible, each consumer shall be responsible for his or her own moneys and personal property or possessions in his or her own immediate living quarters unless deemed inappropriate by a physician or other facility clinician and so documented in the consumer's record.  In the event the moneys or possessions of a consumer come under the supervision of the facility, either voluntarily on the part of the consumer or so ordered by a facility physician or other clinician, each facility to whom a consumer's moneys or possessions have been entrusted shall comply with the following:(1)      no facility shall commingle consumers'     moneys or possessions with those of the facility; consumers' moneys and possessions shall be maintained separately, intact, and free from any liability that the facility incurs in the use of the facility's funds;(2)        the facility shall provide reasonably     adequate space for the possessions of the consumer; the facility shall provide a means of safeguarding small items of value for its consumers in their rooms or in any other part of the facility so long as the consumers have reasonable and  adequate access to such possessions; and(3)      the facility shall make reasonable efforts     to prevent loss and theft of consumers' possessions; those efforts shall be appropriate to the particular facility and particular living setting within each facility and may include staff training and monitoring, labeling possessions, and frequent possession inventories; the facility shall develop procedures for investigating complaints concerning theft of consumers' possessions and shall promptly investigate all such complaints.(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-104)Sec. 3-104. Care, treatment, and records. Facilities shall provide, at a minimum, the following services: physician, nursing, pharmaceutical, rehabilitative, and dietary services.  To provide these services, the facility shall adhere to the following:(1)    Each consumer shall be encouraged and assisted     to achieve and maintain the highest level of self-care and independence. Every effort shall be made to keep consumers active and out of bed for reasonable periods of time, except when contraindicated by physician orders.(2)     Every consumer shall be engaged in a     person-centered planning process regarding his or her total care and treatment.(3)     All medical treatment and procedures shall be     administered as ordered by a physician. All new physician orders shall be reviewed by the facility's director of nursing or charge nurse designee within 24 hours after such orders have been issued to ensure facility compliance with such orders.  According to rules adopted by the Department, every woman consumer of child bearing age shall receive routine obstetrical and gynecological evaluations as well as necessary prenatal care.(4)    Each consumer shall be provided with good     nutrition and with necessary fluids for hydration.(5)   Each consumer shall be provided visual privacy     during treatment and personal care.(6)    Every consumer or consumer's guardian shall be     permitted to inspect and copy all his or her clinical and other records concerning his or her care kept by the facility or by his or her physician. The facility may charge a reasonable fee for duplication of a record.(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-105)Sec. 3-105. Supplemental Security Income. The Department of Healthcare and Family Services shall explore potential avenues to enable consumers to continue to receive and possess a portion of, or their full, Supplemental Security Income benefit while receiving services at a facility. The Department of Healthcare and Family Services shall investigate strategies that are most beneficial to the consumer and cost effective for the State. The Department of Healthcare and Family Services may implement a strategy to enable a consumer to receive and possess a portion of, or his or her full, Supplemental Security Income in administrative rule. This Section is subject to the appropriation of the General Assembly.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-106)Sec. 3-106. Pharmaceutical treatment.(a) A consumer shall not be given unnecessary drugs.  An unnecessary drug is any drug used in an excessive dose, including in duplicative therapy; for excessive duration; without adequate monitoring; without adequate indications for its use; or in the presence of adverse consequences that indicate the drug should be reduced or discontinued.  The Department shall adopt, by rule, the standards for unnecessary drugs.(b) (Blank).(b-5) Psychotropic medication shall not be prescribed without the informed consent of the consumer, the consumer's guardian, or other authorized representative. "Psychotropic medication" means medication that is used for or listed as used for antipsychotic, antidepressant, antimanic, or antianxiety behavior modification or behavior management purposes in the latest editions of the AMA Drug Evaluations or the Physician's Desk Reference. The Department shall adopt, by rule, a protocol specifying how informed consent for psychotropic medication may be obtained or refused. The protocol shall require, at a minimum, a discussion between the consumer or the consumer's authorized representative and the consumer's physician, a registered pharmacist who is not a dispensing pharmacist for the facility where the consumer lives, or a licensed nurse about the possible risks and benefits of a recommended medication and the use of standardized consent forms designated by the Department. Each form developed by the Department shall (i) be written in plain language, (ii) be able to be downloaded from the Department's official website, (iii) include information specific to the psychotropic medication for which consent is being sought, and (iv) be used for every consumer for whom psychotropic drugs are prescribed. In addition to creating those forms, the Department shall approve the use of any other informed consent forms that meet criteria developed by the Department. In addition to any other penalty prescribed by law, a facility that is found to have violated this subsection, or the federal certification requirement that informed consent be obtained before administering a psychotropic medication, shall thereafter be required to obtain the signatures of 2 licensed health care professionals on every form purporting to give informed consent for the administration of a psychotropic medication, certifying the personal knowledge of each health care professional that the consent was obtained in compliance with the requirements of this subsection.The requirements of this Section are intended to control in a conflict with the requirements of Sections 2-102 and 2-107.2 of the Mental Health and Developmental Disabilities Code with respect to the administration of psychotropic medication.(c)   No drug shall be administered except upon the order of a person lawfully authorized to prescribe for and treat mental illness.(d)   All drug orders shall be written, dated, and signed by the person authorized to give such an order.  The name, quantity, or specific duration of therapy, dosage, and time or frequency of administration of the drug and the route of administration if other than oral shall be specific.(e)   Verbal orders for drugs and treatment shall be received only by those authorized under Illinois law to do so from their supervising physician.  Such orders shall be recorded immediately in the consumer's record by the person receiving the order and shall include the date and time of the order.
(Source: P.A. 101-10, eff. 6-5-19.) (210 ILCS 49/3-107)Sec. 3-107. Abuse or neglect; duty to report. A licensee, executive director, employee, or agent of a facility shall not abuse or neglect a consumer.  It is the duty of any facility employee or agent who becomes aware of such abuse or neglect to report it to the Department within 24 hours. Facilities shall comply with Sections 3-610 and 3-810 of the Nursing Home Care Act. The provisions under Sections 3-610 and 3-810 of the Nursing Home Care Act shall apply to employees of facilities licensed under this Act.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-108)Sec. 3-108. Communications; visits. Every consumer, except those in triage centers, shall be permitted unimpeded, private, and uncensored communication of his or her choice by mail, telephone, Internet, or visitation.The executive director shall ensure that correspondence is conveniently received and reasonably accessible.The executive director shall ensure that consumers may have private visits at any reasonable hour unless such visits are restricted due to the treatment plan of the consumer.The executive director shall ensure that space for visits is available and that facility personnel reasonably announce their intent to enter, except in an emergency, before entering any consumer's room during such visits.Consumers shall be free to leave at any time. If a consumer in a triage center expresses a desire to contact a third party for any purpose, the facility staff shall contact that third party on behalf of the consumer.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-109)Sec. 3-109. Religion. A consumer shall be permitted the free exercise of religion.  Upon a consumer's request, and if necessary, at the consumer's expense, the executive director may make arrangements for a consumer's attendance at religious services of the consumer's choice.  However, no religious beliefs or practices or attendance at religious services may be imposed upon any consumer.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-110)Sec. 3-110. Access to consumers.(a)  Any employee or agent of a public agency, any representative of a community legal services program, or any other member of the general public shall be permitted access at reasonable hours to any individual consumer of any facility, unless the consumer is receiving care and treatment in triage centers.(b)  All persons entering a facility under this Section shall promptly notify appropriate facility personnel of their presence. They shall, upon request, produce identification to establish their identity. No such person shall enter the immediate living area of any consumer without first identifying himself or herself and then receiving permission from the consumer to enter. The rights of other consumers present in the room shall be respected. A consumer may terminate at any time a visit by a person having access to the consumer's living area under this Section.(c)  This Section shall not limit the power of the Department or other public agency otherwise permitted or required by law to enter and inspect a facility.(d) Notwithstanding subsection (a) of this Section, the executive director of a facility may refuse access to the facility to any person if the presence of that person in the facility would be injurious to the health and safety of a consumer or would threaten the security of the property of a consumer or the facility, or if the person seeks access to the facility for commercial purposes.(e) Nothing in this Section shall be construed to conflict with, or infringe upon, any court orders or consent decrees regarding access.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-111)Sec. 3-111. Discharge. A consumer may be discharged from a facility after he or she gives the executive director, a physician, or a nurse of the facility written notice of the desire to be discharged. If a guardian has been appointed for a consumer, the consumer shall be discharged upon written consent of his or her guardian. In the event of a requested consumer discharge, the facility is relieved from any responsibility for the consumer's care, safety, and well-being upon the consumer's discharge. The Department shall by rule establish criteria, hearings, and procedures for involuntary discharge.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-112)Sec. 3-112. Grievances. A consumer shall be permitted to present grievances on behalf of himself or herself or others to the executive director, the consumers' advisory council, State governmental agencies, or other persons without threat of discharge or reprisal in any form or manner whatsoever.  The executive director shall provide all consumers or their representatives with the name, address, and telephone number of the appropriate State governmental office where complaints may be lodged.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-113)Sec. 3-113. Labor. A consumer may refuse to perform labor for a facility.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-114)Sec. 3-114. Unlawful discrimination. No consumer shall be subjected to unlawful discrimination as defined in Section 1-103 of the Illinois Human Rights Act by any owner, licensee, executive director, employee, or agent of a facility.  Unlawful discrimination does not include an action by any licensee, executive director, employee, or agent of a facility that is required by this Act or rules adopted under this Act.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-115)Sec. 3-115. Informed consent; restraints. Informed consent shall be required for restraints consistent with the requirements contained in subsection (c) of Section 2-106 of the Nursing Home Care Act.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-116)Sec. 3-116. Experimental research. No consumer shall be subjected to experimental research or treatment without first obtaining his or her informed, written consent. The conduct of any experimental research or treatment shall be authorized and monitored by an institutional review board appointed by the Director of the Department. The membership, operating procedures and review criteria for the institutional review board shall be prescribed under rules and regulations of the Department and shall comply with the requirements for institutional review boards established by the federal Food and Drug Administration. No person who has received compensation in the prior 3 years from an entity that manufactures, distributes, or sells pharmaceuticals, biologics, or medical devices may serve on the institutional review board.No facility shall permit experimental research or treatment to be conducted on a consumer, or give access to any person or person's records for a retrospective study about the safety or efficacy of any care or treatment, without the prior written approval of the institutional review board. No executive director, or person licensed by the State to provide medical care or treatment to any person, may assist or participate in any experimental research on or treatment of a consumer, including a retrospective study, that does not have the prior written approval of the board. Such conduct shall be grounds for professional discipline by the Department of Financial and Professional Regulation.The institutional review board may exempt from ongoing review research or treatment initiated on a consumer before the individual's admission to a facility and for which the board determines there is adequate ongoing oversight by another institutional review board. Nothing in this Section shall prevent a facility, any facility employee, or any other person from assisting or participating in any experimental research on or treatment of a consumer, if the research or treatment began before the person's admission to a facility, until the board has reviewed the research or treatment and decided to grant or deny approval or to exempt the research or treatment from ongoing review.
(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14.) (210 ILCS 49/Art. 3 Pt. 2 heading) 
	 
  
  PART 2.
RESPONSIBILITIES
  (Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-201)Sec. 3-201. Screening prior to admission. Standards for screening prior to admission into a facility under this Act shall be established by rule.  The rules shall recognize the different levels of care provided by these facilities, including, but not limited to, the following:(1)   triage centers;(2)   crisis stabilization;(3)   recovery and rehabilitation supports; or(4) transitional living units.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-203)Sec. 3-203. Consumers' advisory council. Each facility shall establish a consumers' advisory council.  The executive director shall designate a member of the facility staff to coordinate the establishment of, and render assistance to, the council.(1)   The composition of the consumers' advisory     council shall be specified by rule, but no employee or affiliate of a facility shall be a member of the council.(2)   The council shall meet at least once each month     with the staff coordinator who shall provide assistance to the council in preparing and disseminating a report of each meeting to all consumers, the executive director, and the staff.(3)    Records of council meetings shall be     maintained in the office of the executive director.(4)   The consumers' advisory council may communicate     to the executive director the opinions and concerns of the consumers.  The council shall review procedures for implementing consumer rights and facility responsibilities and make recommendations for changes or additions that will strengthen the facility's policies and procedures as they affect consumer rights and facility responsibilities.(5)   The council shall be a forum for:(A)   obtaining and disseminating information;(B)   soliciting and adopting recommendations for         facility programming and improvements; and(C)   early identification and for recommending         orderly resolution of problems.(6)   The council may present complaints on behalf of     a consumer to the Department or to any other person it considers appropriate.(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-205)Sec. 3-205. Disclosure of information to public. Standards for the disclosure of information to the public shall be established by rule.  These information disclosure standards shall include, but are not limited to, the following: staffing and personnel levels, licensure and inspection information, national accreditation information, consumer charges, and consumer complaint information.   Rules for the public disclosure of information shall be in accordance with the provisions for inspection and copying of public records in the Freedom of Information Act. The Department of Healthcare and Family Services shall make facility cost reports available on its website. 
(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14.) (210 ILCS 49/3-206)Sec. 3-206. Confidentiality of records.(a)      The Department shall respect the confidentiality of a consumer's record and shall not divulge or disclose the contents of a record in a manner that identifies a consumer, except upon a consumer's death to a relative or guardian or under judicial proceedings.  This Section shall not be construed to limit the right of a consumer to inspect or copy the consumer's own records.(b)      Confidential medical, social, personal, or financial information identifying a consumer shall not be available for public inspection in a manner that identifies a consumer.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-207)Sec. 3-207. Notice of imminent death. A facility shall immediately notify the consumer's next of kin, representative, and physician of the consumer's death or when the consumer's death appears to be imminent.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-208)Sec. 3-208. Policies and procedures. A facility shall establish written policies and procedures to implement the responsibilities and rights provided under this Article.  The policies shall include the procedure for the investigation and resolution of consumer complaints.  The policies and procedures shall be clear and unambiguous and shall be available for inspection by any person.  A summary of the policies and procedures, printed in not less than 12-point font, shall be distributed to each consumer and representative.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-209)Sec. 3-209. Explanation of rights. Each consumer and consumer's guardian or other person acting on behalf of the consumer shall be given a written explanation of all of his or her rights.  The explanation shall be given at the time of admission to a facility or as soon thereafter as the condition of the consumer permits, but in no event later than 48 hours after admission and again at least annually thereafter.  At the time of the implementation of this Act, each consumer shall be given a written summary of all of his or her rights.  If a consumer is unable to read such written explanation, it shall be read to the consumer in a language the consumer understands.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-210)Sec. 3-210. Staff familiarity with rights and responsibilities. The facility shall ensure that its staff is familiar with and observes the rights and responsibilities enumerated in this Article.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-211)Sec. 3-211. Vaccinations.(a) A facility shall annually administer or arrange for administration of a vaccination against influenza to each consumer, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention that are most recent to the time of vaccination, unless the vaccination is medically contraindicated or the consumer has refused the vaccine.(b) All persons seeking admission to a facility shall be verbally screened for risk factors associated with hepatitis B, hepatitis C, and the Human Immunodeficiency Virus (HIV) according to guidelines established by the U.S. Centers for Disease Control and Prevention. Persons who are identified as being at high risk for hepatitis B, hepatitis C, or HIV shall be offered an opportunity to undergo laboratory testing in order to determine infection status if they will be admitted to the facility for at least 7 days and are not known to be infected with any of the listed viruses. All HIV testing shall be conducted in compliance with the AIDS Confidentiality Act. All persons determined to be susceptible to the hepatitis B virus shall be offered immunization within 10 days after admission to any facility. A facility shall document in the consumer's medical record that he or she was verbally screened for risk factors associated with hepatitis B, hepatitis C, and HIV, and whether or not the consumer was immunized against hepatitis B.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/3-212)Sec. 3-212. Order for transportation of consumer by ambulance. If a facility orders transportation of a consumer of the facility by ambulance, then the facility must maintain a written record that shows (i) the name of the person who placed the order for that transportation and (ii) the medical reason for that transportation.
(Source: P.A. 98-104, eff. 7-22-13.)
(210 ILCS 49/Art. 4 heading) 
ARTICLE 4. LICENSING AND ACCREDITATION
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/Art. 4 Pt. 1 heading) 
	 
  
  PART 1. LICENSING
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/4-101)Sec. 4-101. Licensure system. The Department shall be the sole agency responsible for licensure and shall establish a comprehensive system of licensure for facilities in accordance with this Act for the purpose of:(1)     protecting the health, welfare, and safety of     consumers; and(2)    ensuring the accountability for reimbursed     care provided in facilities.(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/4-102)Sec. 4-102. Necessity of license. No person may establish, operate, maintain, offer, or advertise a facility within this State unless and until he or she obtains a valid license therefor as hereinafter provided, which license remains unsuspended, unrevoked, and unexpired.  No public official or employee may place any person in, or recommend that any person be in, or directly or indirectly cause any person to be placed in any facility that is being operated without a valid license.  All licenses and licensing procedures established under Article III of the Nursing Home Care Act, except those contained in Section 3-202,  shall be deemed valid under this Act until the Department establishes licensure.  The Department is granted the authority under this Act to establish provisional licensure and licensing procedures under this Act by emergency rule and shall do so within 120 days of the effective date of this Act. The Department shall not grant a provisional license to any facility that does not possess a provisional license on November 30, 2018 and is licensed under the Nursing Home Care Act on or before November 30, 2018.  The Department shall not grant a license to any facility that has not first received a provisional license.  The changes made by this amendatory Act of the 100th General Assembly do not apply to the provisions of subsection (c) of Section 1-101.5 concerning facility closure and relocation. 
(Source: P.A. 100-1181, eff. 3-8-19.) (210 ILCS 49/4-103)Sec. 4-103. Provisional licensure emergency rules.   The Department, in consultation with the Division of Mental Health of the Department of Human Services and the Department of Healthcare and Family Services, is granted the authority under this Act to establish provisional licensure and licensing procedures by emergency rule.  The Department shall file emergency rules concerning provisional licensure under this Act within 120 days after the effective date of this Act.  Rules governing the provisional license and licensing process shall contain rules for the different levels of care offered by the facilities authorized under this Act and shall address each type of care hereafter enumerated:(1) triage centers;(2)   crisis stabilization;(3)   recovery and rehabilitation supports;(4) transitional living units; or(5)  other intensive treatment and stabilization     programs designed and developed in collaboration with the Department.(Source: P.A. 98-104, eff. 7-22-13; 99-712, eff. 8-5-16.) (210 ILCS 49/4-104)Sec. 4-104. Provisional licensure requirements.   Rules governing the provisional license and licensing process shall address, at a minimum, the following provisions:(1) mandatory community agency linkage;(2) discharge and transition planning;(3) non-residential triage centers and stabilization     center requirements;(4) crisis stabilization;(5) transitional living units;(6) recovery and rehabilitation supports;(7) therapeutic activity and leisure training program;(8) admission policies;(9) consumer admission and assessment requirements;(10) screening and consumer background checks,     consistent with Section 1-114.01, subsections (b) and (c) of Section 2-201.5, and Section 2-201.6 of the Nursing Home Care Act;(11) consumer records;(12) informed consent;(13) individualized treatment plan;(14) consumer rights and confidentiality;(15) safeguard of consumer funds;(16) restraints and therapeutic separation;(17) employee personnel policies and records;(18) employee health evaluation;(19) health care worker background check, consistent     with the Health Care Worker Background Check Act;(20) required professional job positions;(21) consultation and training;(22) quality assessment and performance improvement;(23) consumer information;(24)    reporting of unusual occurrences;(25)   abuse and reporting to local law enforcement;(26)   fire safety and disaster preparedness;(27)   required support services, including, but not     limited to, physician, health, pharmaceutical, infection control, dietetic, dental, and environmental;(28)   enhanced services requests and program     flexibility requests;(29) participation in a managed care entity, a     coordinated care entity, or an accountable care entity; and(30) appropriate fines and sanctions associated with     violations of laws, rules, or regulations.(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/4-104.5)Sec. 4-104.5. Waiver of compliance. Upon application by a facility, the Director may grant or renew the waiver of the facility's compliance with a rule or standard for a period not to exceed the duration of the current license or, in the case of an application for license renewal, the duration of the renewal period. The waiver may be conditioned upon the facility taking action prescribed by the Director as a measure equivalent to compliance. In determining whether to grant or renew a waiver, the Director shall consider the duration and basis for any current waiver with respect to the same rule or standard and the validity and effect upon patient health and safety of extending it on the same basis, the effect upon the health and safety of consumers, the quality of consumer care, the facility's history of compliance with the rules and standards of this Act and the facility's attempts to comply with the particular rule or standard in question. Upon request by a facility, the Department must evaluate or allow for an evaluation of compliance with the Life Safety Code using the Fire Safety Evaluation System. In determining whether to grant or renew a waiver of a standard pertaining to Chapter 33 of the National Fire Protection Association (NFPA) 101 Life Safety Code, the Director shall use Fire Safety Evaluation Systems in determining whether to grant or renew the waiver. The Department may provide, by rule, for the automatic renewal of waivers concerning physical plant requirements upon the renewal of a license. The Department shall renew waivers relating to physical plant standards issued in accordance with this Section at the time of the indicated reviews, unless it can show why such waivers should not be extended for either of the following reasons:(1) the condition of the physical plant has     deteriorated or its use substantially changed so that the basis upon which the waiver was issued is materially different; or(2) the facility is renovated or substantially     remodeled in such a way as to permit compliance with the applicable rules and standards without a substantial increase in cost.A copy of each waiver application and each waiver granted or renewed shall be on file with the Department and available for public inspection.No penalty or fine may be assessed for a condition for which the facility has received a variance or waiver of a standard.Waivers granted to a facility by the Department under any other law shall not be considered by the Department in its determination of a facility's compliance with the requirements of this Act, including, but not limited to, compliance with the Life Safety Code. 
(Source: P.A. 100-365, eff. 8-25-17.) (210 ILCS 49/4-105)Sec. 4-105. Provisional licensure duration. A provisional license shall be valid upon fulfilling the requirements established by the Department by emergency rule.  The license shall remain valid as long as a facility remains in compliance with the licensure provisions established in rule. Provisional licenses issued upon initial licensure as a specialized mental health rehabilitation facility shall expire at the end of a 3-year period, which commences on the date the provisional license is issued. Issuance of a provisional license for any reason other than initial licensure (including, but not limited to, change of ownership, location, number of beds, or services) shall not extend the maximum 3-year period, at the end of which a facility must be licensed pursuant to Section 4-201. Notwithstanding any other provision of this Act or the Specialized Mental Health Rehabilitation Facilities Code, 77 Ill. Admin. Code 380, to the contrary, if a facility has received notice from the Department that its application for provisional licensure to provide recovery and rehabilitation services has been accepted as complete and the facility has attested in writing to the Department that it will comply with the staff training plan approved by the Division of Mental Health, then  a provisional license for recovery and rehabilitation services shall be issued to the facility within 60 days after the Department determines that the facility is in compliance with the requirements of the Life Safety Code in accordance with Section 4-104.5 of this Act. 
(Source: P.A. 99-712, eff. 8-5-16; 100-365, eff. 8-25-17.) (210 ILCS 49/4-106)Sec. 4-106. Provisional licensure outcomes.   The Department of Healthcare and Family Services, in conjunction with the Division of Mental Health of the Department of Human Services and the Department of Public Health, shall establish a methodology by which financial and clinical data are reported and monitored from each program that is implemented in a facility after the effective date of this Act. The Department of Healthcare and Family Services shall work in concert with a managed care entity, a care coordination entity, or an accountable care entity to gather the data necessary to report and monitor the progress of the services offered under this Act.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/4-107)Sec. 4-107. Provisional licensure period completion.  After the provisional licensure period is completed, no individual with mental illness whose service plan provides for placement in community-based settings shall be housed or offered placement in a facility at public expense unless, after being fully informed, he or she declines the opportunity to receive services in a community-based setting.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/4-108)Sec. 4-108. Surveys and inspections. The Department shall conduct surveys of licensed facilities and their certified programs and services. The Department shall review the records or premises, or both, as it deems appropriate for the purpose of determining compliance with this Act and the rules promulgated under this Act.  The Department shall have access to and may reproduce or photocopy any books, records, and other documents maintained by the facility to the extent necessary to carry out this Act and the rules promulgated under this Act.  The Department shall not divulge or disclose the contents of a record under this Section as otherwise prohibited by this Act.  Any holder of a license or applicant for a license shall be deemed to have given consent to any authorized officer, employee, or agent of the Department to enter and inspect the facility in accordance with this Article.  Refusal to permit such entry or inspection shall constitute grounds for denial, suspension, or revocation of a license under this Act.(1)    The Department shall conduct surveys to     determine compliance and may conduct surveys to investigate complaints.(2)    Determination of compliance with the service     requirements shall be based on a survey centered on individuals that sample services being provided.(3)    Determination of compliance with the general     administrative requirements shall be based on a review of facility records and observation of individuals and staff.(4) The Department shall conduct surveys of licensed     facilities and their certified programs and services to determine the extent to which these facilities provide high quality interventions, especially evidence-based practices, appropriate to the assessed clinical needs of individuals in the various levels of care. (Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14.) (210 ILCS 49/4-108.5)Sec. 4-108.5. Provisional licensure period; surveys. During the provisional licensure period, the Department shall conduct surveys to determine compliance with timetables and benchmarks with a facility's provisional licensure application plan of operation.  Timetables and benchmarks shall be established in rule and shall include, but not be limited to, the following: (1) training of new and existing staff; (2) establishment of a data collection and reporting program for the facility's Quality Assessment and Performance Improvement Program; and (3) compliance with building environment standards beyond compliance with Chapter 33 of the National Fire Protection Association (NFPA) 101 Life Safety Code. Waivers granted by the Department in accordance with Section 4-104.5 of this Act shall be considered by the Department in its determination of the facility's compliance with the Life Safety Code.During the provisional licensure period, the Department shall conduct State licensure surveys as well as a conformance standard review to determine compliance with timetables and benchmarks associated with the accreditation process. Timetables and benchmarks shall be met in accordance with the preferred accrediting organization conformance standards and recommendations and shall include, but not be limited to, conducting a comprehensive facility self-evaluation in accordance with an established national accreditation program.   The facility shall submit all data reporting and outcomes required by accrediting organization to the Department of Public Health for review to determine progress towards accreditation. Accreditation status shall supplement but not replace the State's licensure surveys of facilities licensed under this Act and their certified programs and services to determine the extent to which these facilities provide high quality interventions, especially evidence-based practices, appropriate to the assessed clinical needs of individuals in the 4 certified levels of care.Except for incidents involving the potential for harm, serious harm, death, or substantial facility failure to address a serious systemic issue within 60 days, findings of the facility's root cause analysis of problems and the facility's Quality Assessment and Performance Improvement program in accordance with item (22) of Section 4-104 shall not be used as a basis for non-compliance.The Department shall have the authority to hire licensed practitioners of the healing arts and qualified mental health professionals to consult with and participate in survey and inspection activities. 
(Source: P.A. 100-365, eff. 8-25-17.) (210 ILCS 49/4-109)Sec. 4-109. License sanctions and revocation.(a) The Department may revoke a license for any failure to substantially comply with this Act and the rules promulgated under this Act, including, but not limited to, the following:(1)    fails to correct deficiencies identified as a     result of an on-site survey by the Department and fails to submit a plan of correction within 30 days after receipt of the notice of violation;(2)    submits false information either on Department     forms, required certifications, plans of correction or during an on-site inspection;(3)    refuses to permit or participate in a     scheduled or unscheduled survey; or(4)    willfully violates any rights of individuals     being served.(b)    The Department may refuse to license or relicense a facility if the owner or authorized representative or licensee has been convicted of a felony related to the provision of healthcare or mental health services, as shown by a certified copy of the court of conviction.(c)     Facilities, as a result of an on-site survey, shall be recognized according to levels of compliance with standards as set forth in this Act.  Facilities with findings from Level 1 to Level 3 will be considered to be in good standing with the Department.  Findings from Level 3 to Level 5 will result in a notice of violations, a plan of correction and defined sanctions.  Findings resulting in Level 6 will result in a notice of violations and defined sanction.  The levels of compliance are:(1)    Level 1: Full compliance with this Act and the     rules promulgated under this Act.(2)    Level 2: Acceptable compliance with this Act     and the rules promulgated under this Act.  No written plan of correction will be required from the licensee.(3)    Level 3: Partial compliance with this Act and     the rules promulgated under this Act.  An administrative warning is issued.  The licensee shall submit a written plan of correction.(4)    Level 4: Minimal compliance with this Act and     the rules promulgated under this Act.  The licensee shall submit a written plan of correction, and the Department will issue a probationary license.  A resurvey shall occur within 90 days.(5)    Level 5: Unsatisfactory compliance with this     Act and the rules promulgated under this Act. The facility shall submit a written plan of correction, and the Department will issue a restricted license.  A resurvey shall occur within 60 days.(6)    Level 6: Revocation of the license to provide     services. Revocation may occur as a result of a licensee's consistent and repeated failure to take necessary corrective actions to rectify documented violations, or the failure to protect clients from situations that produce an imminent risk.(d)    Prior to initiating formal action to sanction a license, the Department shall allow the licensee an opportunity to take corrective action to eliminate or ameliorate a violation of this Act except in cases in which the Department determines that emergency action is necessary to protect the public or individual interest, safety, or welfare.(e)     Subsequent to an on-site survey, the Department shall issue a written notice to the licensee.  The Department shall specify the particular Sections of this Act or the rules promulgated under this Act, if any, with which the facility is not compliant.  The Department's notice shall require any corrective actions be taken within a specified time period as required by this Act.(f)     Sanctions shall be imposed according to the following definitions:(1)    Administrative notice: A written notice issued     by the Department that specifies rule violations requiring a written plan of correction with time frames for corrections to be made and a notice that any additional violation of this Act or the rules promulgated under this Act may result in a higher level sanction. (Level 3)(2)    Probation: Compliance with this Act and the     rules promulgated under this Act is minimally acceptable and necessitates immediate corrective action.  Individuals' life safety or quality of care are not in jeopardy.  The probationary period is time limited to 90 days.  During the probationary period, the facility must make corrective changes sufficient to bring the facility back into good standing with the Department. Failure to make corrective changes within that given time frame may result in a determination to initiate a higher-level sanction.  The admission of new individuals shall be prohibited during the probationary period. (Level 4)(3)    Restricted license: A licensee is sanctioned     for unsatisfactory compliance.  The admission of new individuals shall be prohibited during the restricted licensure period.  Corrective action sufficient to bring the licensee back into good standing with the Department must be taken within 60 days. During the restricted licensure period a monitor will be assigned to oversee the progress of the facility in taking corrective action.  If corrective actions are not taken, the facility will be subject to a higher-level sanction. (Level 5)(4)    Revocation: Revocation of the license is     withdrawal by formal actions of the license.  The revocation shall be in effect until such time that the provider submits a re-application and the licensee can demonstrate its ability to operate in good standing with the Department.  The Department has the right not to reinstate a license.  If revocation occurs as a result of imminent risk, all individuals shall be immediately relocated and all funding will be transferred. (Level 6)(5)    Financial penalty: A financial penalty may be     imposed upon finding of violation in any one or combination of the provisions of this Act.  In determining an appropriate financial penalty, the Department may consider the deterrent effect of the penalty on the organization and on other providers, the nature of the violation, the degree to which the violation resulted in a benefit to the organization or harm to the public, and any other relevant factor to be examined in mitigation or aggravation of the organization's conduct.  The financial penalty may be imposed in conjunction with other sanctions or separately.  Higher level sanctions may be imposed in situations where there are repeat violations. (Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/4-110)Sec. 4-110. Citation review and appeal procedures.(a)     Upon receipt of Level 3 to 6 citations, the licensee may provide additional written information and argument disputing the citation with 10 working days.  The Department shall respond within 20 days to the licensee's disputation.(b)    If a licensee contests the Department's decision regarding a Level 4 to 6 citation or penalty, it can request a hearing by submitting a written request within 20 working days of the Department's dispute resolution decision.  The Department shall notify the licensee of the time and place of the hearing not less than 14 days prior to the hearing date.(c)     A license may not be denied or revoked unless the licensee is given written notice of the grounds for the Department's action. Except when revocation of a license is based on imminent risk, the facility or program whose license has been revoked may operate and receive reimbursement for services during the period preceding the hearing, until such time as a final decision is made.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/4-111)Sec. 4-111. Notwithstanding the existence or pursuit of any other remedy, the Director of the Department may, in the manner provided by law, upon the advice of the Attorney General who shall represent the Director of the Department in the proceedings, maintain an action in the name of the State for injunction or other process against any person or governmental unit to restrain or prevent the establishment of a facility without a license issued pursuant to this Act, or to restrain or prevent the opening, conduction, operating, or maintaining of a facility without a license issued pursuant to this Act.  In addition, the Director of the Department may, in the manner provided by law, in the name of the People of the State and through the Attorney General who shall represent the Director of the Department in the proceedings, maintain an action for injunction or other relief or process against any licensee or other person to enforce and compel compliance with the provisions of this Act and the standards, rules, and regulations established by virtue of this Act and any order entered for any response action pursuant to this Act and such standards, rules, and regulations.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/Art. 4 Pt. 2 heading) 
	 
  
  PART 2. ACCREDITATION
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/4-201)Sec. 4-201. Accreditation and licensure. At the end of the provisional licensure period established in Part 1 of this Article 4, the Department shall license a facility as a specialized mental health rehabilitation facility under this Act that successfully completes and obtains valid national accreditation in behavioral health from a recognized national accreditation entity and complies with licensure standards as established by the Department of Public Health in administrative rule. Rules governing licensure standards shall include, but not be limited to, appropriate fines and sanctions associated with violations of laws or regulations. The following shall be considered to be valid national accreditation in behavioral health from a national accreditation entity:(1)   the Joint Commission;(2) the Commission on Accreditation of Rehabilitation     Facilities;(3)     the Healthcare Facilities Accreditation     Program; or(4) any other national standards of care as approved     by the Department.(Source: P.A. 99-712, eff. 8-5-16; 100-201, eff. 8-18-17.)
(210 ILCS 49/Art. 5 heading) 
ARTICLE 5. FACILITY PAYMENT
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/5-101)Sec. 5-101. Managed care entity, coordinated care entity, and accountable care entity payments. For facilities licensed by the Department of Public Health under this Act, the payment for services provided shall be determined by negotiation with managed care entities, coordinated care entities, or accountable care entities. However, in no event shall the reimbursement rate paid to facilities licensed under this Act be less than the rate in effect on July 1, 2021. Any adjustment in the support component or the capital component, including the real estate tax per diem rate, for facilities licensed by the Department of Public Health under the Nursing Home Care Act shall apply equally to facilities licensed by the Department of Public Health under this Act.The Department of Healthcare and Family Services shall publish a reimbursement rate for triage, crisis stabilization, and transitional living services by December 1, 2014. (Source: P.A. 102-16, eff. 6-17-21.) (210 ILCS 49/5-102)Sec. 5-102. Transition payments.(a) In addition to payments already required by law, the Department of Healthcare and Family Services shall make payments to facilities licensed under this Act in the amount of $29.43 per licensed bed, per day, for the period beginning June 1, 2014 and ending June 30, 2014.(b)   For the purpose of incentivizing reduced room occupancy and notwithstanding any provision of law to the contrary, the Medicaid rates for specialized mental health rehabilitation facilities effective on July 1, 2022 must be equal to the rates in effect for specialized mental health rehabilitation facilities on June 30, 2022, increased by 5.0%. This rate shall be in effect from July
1, 2022 through June 30, 2024. After June 30, 2024, this rate shall remain in effect only for any occupied bed that is in a room with no more than 2 beds. The rate increase shall be effective for payment for services under both the fee-for-service and managed care medical assistance programs established under Article V of the Illinois Public Aid Code. (Source: P.A. 102-699, eff. 4-19-22.) (210 ILCS 49/5-103)Sec. 5-103. Medicaid rates. Notwithstanding any provision of law to the contrary, the Medicaid rates for Specialized Mental Health Rehabilitation Facilities effective on July 1, 2017 must be equal to the rates in effect for Specialized Mental Health Rehabilitation Facilities on June 30, 2017, increased by 2.8%.
(Source: P.A. 100-23, eff. 7-6-17.) (210 ILCS 49/5-104)Sec. 5-104. Medicaid rates. Notwithstanding any provision of law to the contrary, the Medicaid rates for Specialized Mental Health Rehabilitation Facilities effective on July 1, 2018 must be equal to the rates in effect for Specialized Mental Health Rehabilitation Facilities on June 30, 2018, increased by 4%. The Department shall adopt rules, including emergency rules under subsection (bb) of Section 5-45 of the Illinois Administrative Procedure Act, to implement the provisions of this Section.
(Source: P.A. 100-587, eff. 6-4-18; 101-81, eff. 7-12-19.) (210 ILCS 49/5-105)Sec. 5-105. Therapeutic visit rates. For a facility licensed under this Act on or before June 1, 2018 or provisionally licensed under this Act on or before June 1, 2018, a payment shall be made for therapeutic visits that have been indicated by an interdisciplinary team as therapeutically beneficial. Payment under this Section shall be at a rate of 75% of the facility's rate on the effective date of this amendatory Act of the 100th General Assembly and may not exceed 20 days in a fiscal year and shall not exceed 10 days consecutively.
(Source: P.A. 100-587, eff. 6-4-18.) (210 ILCS 49/5-106)Sec. 5-106. Therapeutic visit rates. For a facility licensed under this Act by June 1, 2018 or provisionally licensed under this Act by June 1, 2018, a payment shall be made for therapeutic visits that have been indicated by an interdisciplinary team as therapeutically beneficial. Payment under this Section shall be at a rate of 75% of the facility's current paid rate and may not exceed 20 days in a fiscal year and shall not exceed 10 days consecutively.
(Source: P.A. 100-646, eff. 7-27-18; 101-81, eff. 7-12-19; 101-636, eff. 6-10-20.) (210 ILCS 49/5-107)Sec. 5-107. Quality of life enhancement. Beginning on July 1, 2019, for improving the quality of life and the quality of care, an additional payment shall be awarded to a facility for their single occupancy rooms. This payment shall be in addition to the rate for recovery and rehabilitation. The additional rate for single room occupancy shall be no less than $10 per day, per single room occupancy.  The Department of Healthcare and Family Services shall adjust payment to Medicaid managed care entities to cover these costs. Beginning July 1, 2022, for improving the quality of life and the quality of care, a payment of no less than $5 per day, per single room occupancy shall be added to the existing $10 additional per day, per single room occupancy rate for a total of at least $15 per day, per single room occupancy. Beginning July 1, 2022, for improving the quality of life and the quality of care, an additional payment shall be awarded to a facility for its dual-occupancy rooms. This payment shall be in addition to the rate for recovery and rehabilitation. The additional rate for dual-occupancy rooms shall be no less than $10 per day, per Medicaid-occupied bed, in each dual-occupancy room. The Department of Healthcare and Family Services shall adjust payment to Medicaid managed care entities to cover these costs. As used in  this Section, "dual-occupancy room" means a room that contains 2 resident beds. 
(Source: P.A. 101-10, eff. 6-5-19; 102-699, eff. 4-19-22.) (210 ILCS 49/5-108)Sec. 5-108. Infection prevention and facility safety improvement payments. Payments will be awarded to facilities on a per bed basis with the funded appropriation for Fiscal Year 2022 divided by the number of licensed beds in each facility.  Facilities will receive an equal amount for every licensed bed from the amount appropriated.  Facilities shall use these funds for improvements to their facilities that promote infection prevention or improve the safety within the facility.  Funding may be used for, but are not limited to, the following:  restroom renovations to promote infection prevention, kitchen and food delivery alterations that promote infection prevention, and HVAC or air filtration upgrades that promote infection prevention.  Facilities must attest to the Department of Healthcare and Family Services that the funding was utilized for the purpose of infection prevention and control or improved facility safety.  If the facility does not attest to the usage of the payments or cannot document the usage of payments the Department shall recoup the expenditure of funds by withholding payment of rate.
(Source: P.A. 102-16, eff. 6-17-21.) (210 ILCS 49/5-109)Sec. 5-109. Communication quality improvement payments. Payments will be awarded to facilities on a per bed basis with the funded appropriation for Fiscal Year 2022 divided by the number of licensed beds in each facility.  Facilities will receive an equal amount for every licensed bed from the amount appropriated.  Facilities shall use these funds for improvements to their facilities that increase access to digital communications or facilitate safe and private personal communications.  Funding may be used for, but are not limited to, the following:  the purchase of personal communication devices for facility use, the enhancement of broadband access and bandwidth, and the establishment or improvement of general meeting areas for the benefit of residents and employees.  Facilities must attest to the Department of Healthcare and Family Services that the funding was utilized for the purpose of communication, technological improvements, or facility training aid.  If the facility does not attest to the usage of the payments or cannot document the usage of payments the Department shall recoup the expenditure of funds by withholding payment of rate.
(Source: P.A. 102-16, eff. 6-17-21.) (210 ILCS 49/5-110)Sec. 5-110. Staff longevity payments. Payments will be awarded to facilities on a per bed basis with the funded appropriation for Fiscal Year 2022 divided by the number of licensed beds in each facility.  Facilities will receive an equal amount for every licensed bed from the amount appropriated.  Facilities shall use these funds to grant an extra week of payment to any direct care staff who has worked continuously in the same facility since March 1, 2020 through the time in which payments are awarded to facilities for this purpose by the Department of Healthcare and Family Services.  Facilities must attest to the Department of Healthcare and Family Services that the funding was utilized for the purpose of providing the staff longevity payments as detailed in this Section.  If the facility does not attest to the usage of the payments or cannot document the usage of payments the Department shall recoup the expenditure of funds by withholding payment of rate.
(Source: P.A. 102-16, eff. 6-17-21.) (210 ILCS 49/5-111)Sec. 5-111. Recruitment and Retention of Direct Care Staff.  Facilities shall receive funding to assist with the recruitment and retention of direct care staff.  Funding will be distributed based on the total number of licensed beds within a facility with the appropriated amount being divided by the total number of licensed beds in the State.
(Source: P.A. 102-16, eff. 6-17-21.) (210 ILCS 49/5-112)Sec. 5-112. Bed reduction payments. The Department of Healthcare and Family Services shall make payments to facilities licensed under this Act for the purpose of reducing bed capacity and room occupancy.  Facilities desiring to participate in these payments shall submit a proposal to the Department for review.  In the proposal the facility shall detail the number of beds that are seeking to eliminate and the price they are requesting to eliminate those beds.  The facility shall also detail in their proposal if the affected beds would reduce room occupancy from 3 or 4 beds to double occupancy or if the bed elimination would create single occupancy.  Priority will be given to proposals that eliminate the use of three-person or four-person occupancy rooms.  Proposals shall be collected by the Department within a specific time period and the Department will negotiate all payments before making final awards to ensure that the funding appropriated is sufficient to fund the awards.  Payments shall not be less than $25,000 per bed and proposals to eliminate beds that lead to single occupancy rooms shall receive an additional $10,000 per bed over and above any other negotiated bed elimination payment.  Before a facility can receive payment under this Section, the facility must receive approval from the Department of Public Health for the permanent removal of the beds for which they are receiving payment.  Payment for the elimination of the beds shall be made within 15 days of the facility notifying the Department of Public Health about the bed license elimination.  Under no circumstances shall a facility be allowed to increase the capacity of a facility once payment has been received for the elimination of beds.
(Source: P.A. 102-16, eff. 6-17-21; 102-687, eff. 12-17-21.)
(210 ILCS 49/Art. 6 heading) 
ARTICLE 6.MISCELLANEOUS AND AMENDATORY PROVISIONS; REPEALER
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/6-101)Sec. 6-101. Illinois Administrative Procedure Act.  The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures of the Department under this Act.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/6-102)Sec. 6-102. Judicial review. All final administrative decisions of the Department under this Act are subject to judicial review under the Administrative Review Law and the rules adopted pursuant thereto. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/6-105)Sec. 6-105. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-110)Sec. 6-110. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-115)Sec. 6-115. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-120)Sec. 6-120. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-125)Sec. 6-125. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-135)Sec. 6-135. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-140)Sec. 6-140. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-145)Sec. 6-145. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-150)Sec. 6-150. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-155)Sec. 6-155. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-160)Sec. 6-160. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-165)Sec. 6-165. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-170)Sec. 6-170. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-175)Sec. 6-175. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-180)Sec. 6-180. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-185)Sec. 6-185. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-187)Sec. 6-187. The Specialized Mental Health Rehabilitation Act is repealed.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/6-190)Sec. 6-190. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-195)Sec. 6-195. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-200)Sec. 6-200. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-205)Sec. 6-205. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-210)Sec. 6-210. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-215)Sec. 6-215. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-220)Sec. 6-220. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-225)Sec. 6-225. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-230)Sec. 6-230. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-235)Sec. 6-235. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-240)Sec. 6-240. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-245)Sec. 6-245. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-250)Sec. 6-250. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-255)Sec. 6-255. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-260)Sec. 6-260. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-265)Sec. 6-265. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-270)Sec. 6-270. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-275)Sec. 6-275. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-285)Sec. 6-285. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/6-290)Sec. 6-290. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.)
(210 ILCS 49/Art. 7 heading) 
	 
  
  ARTICLE 7.
(Amendatory provisions; text omitted)
  (Source: P.A. 98-104, eff. 7-22-13; text omitted.)
(210 ILCS 49/Art. 8 heading) 
	 
  
  ARTICLE 8.
(Amendatory provisions; text omitted)
  (Source: P.A. 98-104, eff. 7-22-13; text omitted.)
(210 ILCS 49/Art. 9 heading) 
	 
  
  ARTICLE 9.
(Amendatory provisions; text omitted)
  (Source: P.A. 98-104, eff. 7-22-13; text omitted.)
(210 ILCS 49/Art. 99 heading) 
ARTICLE 99.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/99-5)Sec. 99-5. (Amendatory provisions; text omitted).
(Source: P.A. 98-104, eff. 7-22-13; text omitted.) (210 ILCS 49/99-10)Sec. 99-10. Severability. If any provision of this Act or application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid application or provision, and to this end the provisions of this Act are declared to be severable.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/99-95)Sec. 99-95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.
(Source: P.A. 98-104, eff. 7-22-13.) (210 ILCS 49/99-99)Sec. 99-99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 98-104, eff. 7-22-13.)
(210 ILCS 5/1) (from Ch. 111 1/2, par. 157-8.1)Sec. 1. 
		
		
		This Act may be cited as the Ambulatory Surgical Treatment Center Act.
		(Source: P.A. 78-227.) (210 ILCS 5/2) (from Ch. 111 1/2, par. 157-8.2)Sec. 2. 

It is declared to be the public policy that the State has a legitimate
interest in assuring that all medical procedures are
performed under circumstances that insure maximum safety. Therefore, the
purpose of this Act is to provide for the better protection of the public
health through the development, establishment, and enforcement of standards
(1) for the care of individuals in ambulatory surgical treatment centers,
and (2) for the construction, maintenance and operation of ambulatory
surgical treatment centers, which, in light of advancing knowledge, will
promote safe and adequate treatment of such individuals in ambulatory
surgical treatment centers.
(Source: P.A. 101-13, eff. 6-12-19.) (210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)Sec. 3. 
As used in this Act, unless the context otherwise requires, the
following words and phrases shall have the meanings ascribed to them:(A) "Ambulatory surgical treatment center" means any institution, place
or building devoted primarily to the maintenance and operation of
facilities for the performance of surgical procedures. "Ambulatory surgical treatment center" includes any place that meets and complies with the definition of an ambulatory surgical treatment center under the rules adopted by the Department.
Such facility shall not provide beds or other accommodations for the
overnight stay of patients; however, facilities devoted exclusively to the
treatment of children may provide accommodations and beds for their patients
for up to 23 hours following admission.  Individual patients shall be
discharged in an ambulatory condition without danger to the continued well
being of the patients or shall be transferred to a hospital.The term "ambulatory surgical treatment center" does not include any of the
following:(1) Any institution, place, building or agency     required to be licensed pursuant to the "Hospital Licensing Act", approved July 1, 1953, as amended.(2) Any person or institution required to be licensed     pursuant to the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act.(3) Hospitals or ambulatory surgical treatment     centers maintained by the State or any department or agency thereof, where such department or agency has authority under law to establish and enforce standards for the hospitals or ambulatory surgical treatment centers under its management and control.(4) Hospitals or ambulatory surgical treatment     centers maintained by the Federal Government or agencies thereof.(5) Any place, agency, clinic, or practice, public or     private, whether organized for profit or not, devoted exclusively to the performance of dental or oral surgical procedures.(6) Any facility in which the performance of abortion     procedures, including procedures to terminate a pregnancy or to manage pregnancy loss, is limited to those performed without general, epidural, or spinal anesthesia, and which is not otherwise required to be an ambulatory surgical treatment center. For purposes of this paragraph, "general, epidural, or spinal anesthesia" does not include local anesthesia or intravenous sedation. Nothing in this paragraph shall be construed to limit any such facility from voluntarily electing to apply for licensure as an ambulatory surgical treatment center.(B) "Person" means any individual, firm, partnership, corporation,
company, association, or joint stock association, or the legal successor
thereof.(C) "Department" means the Department of Public Health of the State of
Illinois.(D) "Director" means the Director of the Department of Public Health of
the State of Illinois.(E) "Physician" means a person licensed to practice medicine in all of
its branches in the State of Illinois.(F) "Dentist" means a person licensed to practice dentistry under the
Illinois Dental Practice Act.(G) "Podiatric physician" means a person licensed to practice podiatry under
the Podiatric Medical Practice Act of 1987.
(Source: P.A. 101-13, eff. 6-12-19.) (210 ILCS 5/4) (from Ch. 111 1/2, par. 157-8.4)Sec. 4. 
		
		No person shall open, conduct or maintain an ambulatory surgical
treatment center without first obtaining a license from the Department.Nothing in this Act shall be construed to impair or abridge the power of
municipalities to license and regulate ambulatory surgical treatment
centers, provided that the municipal ordinance requires compliance with at
least the minimum requirements developed by the Department pursuant to this
Act.The Administrative Review Law, as heretofore or
hereafter amended, shall be applicable to the judicial review of final
administrative decisions of the regulatory agency of the municipality. Any
municipality having an ordinance licensing and regulating ambulatory
surgical treatment centers which provides for minimum standards and
regulations which meet at least the minimum requirements established
pursuant to this Act shall make such periodic reports to the Department as
the Department may deem necessary. This report shall include a list of
ambulatory surgical treatment centers meeting standards substantially
equivalent to those promulgated by the Department under this Act. The
Department may issue a license to such ambulatory surgical treatment
centers based upon such reports or the Department may conduct
investigations or inspections to determine whether a license should be
issued to these ambulatory surgical treatment centers.
		(Source: P.A. 82-783.) (210 ILCS 5/5) (from Ch. 111 1/2, par. 157-8.5)Sec. 5. 
		
		An application for a license to operate an ambulatory surgical
treatment center shall be made to the Department upon forms provided by
it and shall contain such information as the Department reasonably
requires, which may include affirmative evidence of ability to comply
with the provisions of this Act and the standards, rules and
regulations, promulgated by virtue thereof.All applications required under this Section shall be signed by the
applicant, verified, and accompanied by a license
fee of $500.
		(Source: P.A. 81-224.) (210 ILCS 5/6) (from Ch. 111 1/2, par. 157-8.6)Sec. 6. 
Upon receipt of an application for a license, the Director may
deny the application for any of the following reasons:(1) Conviction of the applicant, or if the applicant     is a firm, partnership or association, of any of its members, or if a corporation, of any of its officers or directors, or of the person designated to manage or supervise the facility, of a felony, or of 2 or more misdemeanors involving moral turpitude, as shown by a certified copy of the record of the court of conviction, or, in the case of the conviction of a misdemeanor by a court not of record, as shown by other evidence, if the Director determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust; or other satisfactory evidence that the moral character of the applicant, or manager, or supervisor of the facility is not reputable;(2) The licensure status or record of the applicant,     or if the applicant is a firm, partnership or association, of any of its members, or if a corporation, of any of its officers or directors, or of the person designated to manage or supervise the facility, from any other state where the applicant has done business in a similar capacity indicates that granting a license to the applicant would be detrimental to the interests of the public; or(3) The applicant has insufficient financial or other     resources to operate and conduct the facility in accordance with the requirements of this Act and the minimum standards, rules and regulations promulgated thereunder.The Director shall only issue a license if he finds that the applicant
facility complies with this Act and the rules, regulations and standards
promulgated pursuant thereto and:(a) is under the medical supervision of one or more     physicians;(b) permits a surgical procedure to be performed only     by a physician, podiatric physician,  or dentist who at the time is privileged to have his patients admitted by himself or an associated physician and is himself privileged to perform surgical procedures in at least one Illinois hospital. A dentist may be privileged at the ambulatory surgical treatment center if it is determined that the patient under the care of the dentist requires sedation beyond the training that the dentist possesses. The determination of need for sedation shall be made by the medical director of the facility where the procedure is to be performed. A dentist performing a surgical procedure requiring sedation at a facility must either have admitting privileges at a nearby hospital where patients would receive care in the event of an emergency arising during a dental surgical procedure or have a memorandum of understanding with a physician who has admitting privileges at such a hospital; and(c) maintains adequate medical records for each     patient.A license, unless sooner suspended or revoked, shall be renewable
annually upon approval by the Department and payment of a license fee of
$300.  Each license shall be issued only for the premises and persons named in
the application and shall not be transferable or assignable. The licenses shall
be posted in a conspicuous place on the licensed premises.  A placard or
registry of all physicians on staff in the facility shall be centrally located
and available for inspection to any interested person.  The Department may,
either before or after the issuance of a license, request the cooperation of
the State Fire Marshal.  The report and recommendations of this agency shall be
in writing and shall state with particularity its findings with respect to
compliance or noncompliance with such minimum standards, rules and regulations.The Director may issue a provisional license to any ambulatory
surgical treatment center which does not substantially comply with the
provisions of this Act and the standards, rules and regulations
promulgated by virtue thereof provided that he finds that such
ambulatory surgical treatment center will undertake changes and
corrections which upon completion will render the ambulatory surgical
treatment center in substantial compliance with the provisions of this
Act, and the standards, rules and regulations adopted hereunder, and
provided that the health and safety of the patients of the ambulatory
surgical treatment center will be protected during the period for which
such provisional license is issued.  The Director shall advise the
licensee of the conditions under which such provisional license is
issued, including the manner in which the facilities fail to comply with
the provisions of the Act, standards, rules and regulations, and the
time within which the changes and corrections necessary for such
ambulatory surgical treatment center to substantially comply with this
Act, and the standards, rules and regulations of the Department relating
thereto shall be completed.A person or facility not licensed under this Act or the Hospital Licensing
Act shall not hold itself out to the public as a "surgery center" or as a
"center for surgery".
(Source: P.A. 101-323, eff. 8-9-19.) (210 ILCS 5/6.1)Sec. 6.1. (Repealed).
	 
	 (Source: P.A. 81-771. Repealed by P.A. 101-13, eff. 6-12-19.) (210 ILCS 5/6.5)Sec. 6.5. Clinical privileges; advanced practice registered nurses. All ambulatory surgical treatment centers (ASTC) licensed under this Act
shall
comply with the following requirements:(1) No ASTC policy, rule, regulation, or practice     shall be inconsistent with the provision of adequate collaboration and consultation in accordance with Section 54.5 of the Medical Practice Act of 1987.(2) Operative surgical procedures shall be performed     only by a physician licensed to practice medicine in all its branches under the Medical Practice Act of 1987, a dentist licensed under the Illinois Dental Practice Act, or a podiatric physician licensed under the Podiatric Medical Practice Act of 1987, with medical staff membership and surgical clinical privileges granted by the consulting committee of the ASTC. A licensed physician, dentist, or podiatric physician may be assisted by a physician licensed to practice medicine in all its branches, dentist, dental assistant, podiatric physician, licensed advanced practice registered nurse, licensed physician assistant, licensed registered nurse, licensed practical nurse, surgical assistant, surgical technician, or other individuals granted clinical privileges to assist in surgery by the consulting committee of the ASTC. Payment for services rendered by an assistant in surgery who is not an ambulatory surgical treatment center employee shall be paid at the appropriate non-physician modifier rate if the payor would have made payment had the same services been provided by a physician.(2.5) A registered nurse licensed under the Nurse     Practice Act and qualified by training and experience in operating room nursing shall be present in the operating room and function as the circulating nurse during all invasive or operative procedures. For purposes of this paragraph (2.5), "circulating nurse" means a registered nurse who is responsible for coordinating all nursing care, patient safety needs, and the needs of the surgical team in the operating room during an invasive or operative procedure.(3)  An advanced practice registered nurse is not     required to possess prescriptive authority or a written collaborative agreement meeting the requirements of the Nurse Practice Act to provide advanced practice registered nursing services in an ambulatory surgical treatment center.    An advanced practice registered nurse must possess clinical privileges granted by the consulting medical staff committee and ambulatory surgical treatment center in order to provide services.  Individual advanced practice registered nurses may also be granted clinical privileges to order, select, and administer medications, including controlled substances,  to provide delineated care.  The attending physician must determine the advanced practice registered nurse's role in providing care for his or her patients, except as otherwise provided in the consulting staff policies.  The consulting medical staff committee shall periodically review the services of advanced practice registered nurses granted privileges.(4)  The anesthesia service shall be under the     direction of a physician licensed to practice medicine in all its branches who has had specialized preparation or experience in the area or who has completed a residency in anesthesiology. An anesthesiologist, Board certified or Board eligible, is recommended. Anesthesia services may only be administered pursuant to the order of a physician licensed to practice medicine in all its branches, licensed dentist, or licensed podiatric physician.(A) The individuals who, with clinical privileges         granted by the medical staff and ASTC, may administer anesthesia services are limited to the following:(i) an anesthesiologist; or(ii) a physician licensed to practice             medicine in all its branches; or(iii) a dentist with authority to administer             anesthesia under Section 8.1 of the Illinois Dental Practice Act; or(iv) a licensed certified registered nurse             anesthetist; or(v) a podiatric physician licensed under the             Podiatric Medical Practice Act of 1987.(B) For anesthesia services, an anesthesiologist         shall participate through discussion of and agreement with the anesthesia plan and shall remain physically present and be available on the premises during the delivery of anesthesia services for diagnosis, consultation, and treatment of emergency medical conditions. In the absence of 24-hour availability of anesthesiologists with clinical privileges, an alternate policy (requiring participation, presence, and availability of a physician licensed to practice medicine in all its branches) shall be developed by the medical staff consulting committee in consultation with the anesthesia service and included in the medical staff consulting committee policies.(C) A certified registered nurse anesthetist is         not required to possess prescriptive authority or a written collaborative agreement meeting the requirements of Section 65-35 of the Nurse Practice Act  to provide anesthesia services ordered by a licensed physician, dentist, or podiatric physician.  Licensed certified registered nurse anesthetists are authorized to select, order, and administer drugs and apply the appropriate medical devices in the provision of anesthesia services under the anesthesia plan agreed with by the anesthesiologist or, in the absence of an available anesthesiologist with clinical privileges, agreed with by the operating physician, operating dentist, or operating podiatric physician in accordance with the medical staff consulting committee policies of a licensed ambulatory surgical treatment center.(Source: P.A. 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.) (210 ILCS 5/6.6)Sec. 6.6. Clinical privileges; physician assistants. No ambulatory surgical treatment center (ASTC) licensed under this Act shall adopt any policy, rule, regulation, or practice inconsistent with the provision of adequate supervision in accordance with Section 54.5 of the Medical Practice Act of 1987 and the Physician Assistant Practice Act of 1987.
(Source: P.A. 97-1071, eff. 8-24-12.) (210 ILCS 5/6.7)Sec. 6.7. Registered nurse administration of limited levels of sedation or analgesia.(a) Nothing in this Act precludes a registered nurse from administering medications for the delivery of local or minimal sedation ordered by a physician licensed to practice medicine in all its branches, podiatric physician, or dentist.(b) If the ASTC policy allows the registered nurse to deliver moderate sedation ordered by a physician licensed to practice medicine in all its branches, podiatric physician, or dentist, the following are required:(1)  The registered nurse must be under the     supervision of a physician licensed to practice medicine in all its branches, podiatric physician, or dentist during the delivery or monitoring  of moderate sedation and have no other responsibilities during the procedure.(2)  The registered nurse must maintain current     Advanced Cardiac Life Support certification or Pediatric Advanced Life Support certification as appropriate to the age of the patient.(3)  The supervising physician licensed to practice     medicine in all its branches, podiatric physician, or dentist must have training and experience in delivering and monitoring moderate sedation and  possess clinical privileges at the ASTC to administer moderate sedation or analgesia.(4) The supervising physician licensed to practice     medicine in all its branches, podiatric physician, or dentist must remain physically present and available on the premises during the delivery of moderate sedation for diagnosis, consultation,  and treatment of emergency medical conditions.(5) The supervising physician licensed to practice     medicine in all its branches, podiatric physician, or dentist must maintain current Advanced Cardiac Life Support certification or Pediatric Advanced Life Support certification as appropriate to the age of the patient.(c) Local, minimal, and moderate sedation shall be defined by the Division of Professional Regulation of the Department of Financial and Professional Regulation. Registered nurses shall be limited to administering medications for moderate sedation at doses rapidly reversible pharmacologically as determined by rule by the Division of Professional Regulation of the Department of Financial and Professional Regulation.

(Source: P.A. 98-214, eff. 8-9-13.) (210 ILCS 5/6.8)Sec. 6.8. Agreements with the federal Centers for Medicare and Medicaid Services. An ambulatory surgical treatment center that elects to have an agreement with the federal Centers for Medicare and Medicaid Services, as provided in 42 CFR 416, must also meet the Medicare conditions as an ambulatory surgical center, as set forth in 42 CFR 416, and have an active agreement with the federal Centers for Medicare and Medicaid Services to participate in Medicare as an ambulatory surgical center provider in Illinois.
(Source: P.A. 98-1123, eff. 1-1-15.) (210 ILCS 5/6.9)Sec. 6.9. Surgical smoke plume evacuation.(a) In this Section:"Surgical smoke plume" means the by-product of the use of energy-based devices on tissue during surgery and containing hazardous materials, including, but not limited to, bioaerosols, smoke, gases, tissue and cellular fragments and particulates, and viruses."Surgical smoke plume evacuation system" means a dedicated device  that is designed to capture, transport, and filter surgical smoke plume at the site of origin and before it can diffuse and pose a risk to the occupants of the operating or treatment room.(b) To protect patients and health care workers from the hazards of surgical smoke plume, an ambulatory surgical treatment center licensed under this Act shall adopt policies to ensure the elimination of surgical smoke plume by use of a surgical smoke plume evacuation system for each procedure that generates surgical smoke plume from the use of energy-based devices, including, but not limited to, electrosurgery and lasers.(c) An ambulatory surgical treatment center licensed under this Act shall report to the Department within 90 days after the effective date of this amendatory Act of the 102nd General Assembly that policies under subsection (b) of this Section have been adopted. 
(Source: P.A. 102-533, eff. 1-1-22; 102-750, eff. 5-6-22; 102-813, eff. 5-13-22.) (210 ILCS 5/7a) (from Ch. 111 1/2, par. 157-8.7a)Sec. 7a. 
		
		(a) As a condition of the issuance or renewal of the license of
any ambulatory surgical treatment center, the applicant shall file a statement
of ownership.  The applicant shall agree to update the information required
in the statement of ownership every 6 months from the initial date of filing.(b) The statement of ownership shall include the following:(1) The name, telephone number and occupation of every person who has
entered into a contract to manage or operate or who owns or controls, directly
or indirectly, any of the shares of stock of, or any other financial interest
in, the facility which is the subject of the application or license, and
the percentage of such interest; and(2) The address of any facility, wherever located, any financial interest
in which is owned or controlled, directly or indirectly, by the applicant,
if the facility is required to be licensed if it were located in this State.
		(Source: P.A. 81-224.) (210 ILCS 5/7b) (from Ch. 111 1/2, par. 157-8.7b)Sec. 7b. 
		
		(a) Each licensee shall file an attested financial statement with
the Department by July 1, 1980 and at times thereafter as required.  An
audited financial statement may be required of a particular facility, if
the Director determines that additional information is needed.(b) No public funds shall be expended for the care or treatment of any
patient in an ambulatory surgical treatment center which has failed to file
the financial statement required by this Section, and no public funds shall
be paid to or on behalf of a facility which has failed to file a statement.(c) The Director shall promulgate regulations for the filing of financial
statements, and shall provide in these regulations for forms, information
required, intervals and dates of filing, and such other provisions as he
may deem necessary.  Regulations shall be published in sufficient time to
permit those licensees who must first file financial statements time in which to do so.(d) The Director shall seek the advice and comments of other State and
Federal agencies which require the submission of financial data from facilities
licensed under this Act and shall incorporate the information requirements
of these agencies into the forms it adopts or issues under this Act and
shall otherwise coordinate its regulations with the requirements of these
agencies so as to impose the least possible burden on licensees.  No other
State agency may require submission of financial data except as expressly
authorized by law or as necessary to meet requirements of federal law or
regulation.  Information obtained under this Section shall be made available,
upon request, by the Department to any other State agency or legislative
commission to which such information is necessary for investigations or
to execute the intent of State or Federal law or regulation.
		(Source: P.A. 81-224.) (210 ILCS 5/7c)Sec. 7c. Closed captioning required. An ambulatory surgical treatment center licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a patient's room, or enable the closed captioning feature when requested to do so by a member of the general public or a patient, if the television includes a closed captioning feature.It is not a violation of this Section if the closed captioning feature is deactivated by a member of the ambulatory surgical treatment center's staff after such feature is enabled in a common area or in a patient's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a patient, or a member of the ambulatory surgical treatment center's staff at the request of a patient of the ambulatory surgical treatment center licensed under this Act.If the ambulatory surgical treatment center licensed under this Act does not have a television that includes a closed captioning feature, then the ambulatory surgical treatment center licensed under this Act must ensure that all televisions obtained for common areas and patient rooms after the effective date of this amendatory Act of the 101st General Assembly include a closed captioning feature.  This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law.As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.
(Source: P.A. 101-116, eff. 1-1-20.) (210 ILCS 5/7d)Sec. 7d. Facility-provided medication upon discharge.(a) The General Assembly finds that this Section is necessary for the immediate preservation of the public peace, health, and safety.(b) In this Section, "facility-provided medication" has the same meaning as provided under Section 15.10 of the Pharmacy Practice Act.(c) When a facility-provided medication is ordered at least 24 hours in advance for surgical procedures and is administered to a patient at a facility licensed under this Act, any unused portion of the facility-provided medication must be offered to the patient upon discharge when it is required for continuing treatment.(d) A facility-provided medication shall be labeled consistent with labeling requirements under Section 22 of the Pharmacy Practice Act.(e) If the facility-provided medication is used in an operating room setting, the prescriber is responsible for counseling the patient on its proper use and administration and the requirement of pharmacist counseling is waived. 
(Source: P.A. 102-155, eff. 7-23-21.) (210 ILCS 5/8) (from Ch. 111 1/2, par. 157-8.8)Sec. 8. 
		Facility plan review; fees.(a) Before commencing construction of new facilities or specified types
of alteration or additions to an existing ambulatory surgical treatment
center involving major construction, as defined by rule by the
Department, with an estimated cost greater than $100,000,
architectural drawings and specifications therefor shall be
submitted to the Department for review and approval.
A facility may submit architectural drawings and specifications for other
construction projects for Department review according to subsection (b) that
shall not be subject to fees under subsection (d).
Review of drawings and specifications shall be conducted by an employee of
the Department meeting the qualifications established by the Department of
Central Management Services
class specifications for such an individual's position or by a person
contracting with the Department who meets those class specifications.
Final approval of the
drawings and specifications for compliance with design and construction
standards shall be obtained from the Department before the alteration,
addition, or new construction is begun.(b) The Department shall inform an applicant in writing within 10 working
days after receiving drawings and specifications and the required fee, if any,
from the applicant  whether the applicant's submission is complete or
incomplete.  Failure to provide the applicant with this notice within 10
working days shall result in the submission being deemed complete for purposes
of initiating the 60-day review period under this Section.  If the submission
is incomplete, the Department shall inform the applicant of the deficiencies
with the submission in writing.  If the submission is complete and the required
fee, if any, has been paid,
the Department shall approve or disapprove drawings and specifications
submitted to the Department no later than 60 days following receipt by the
Department.  The drawings and specifications shall be of sufficient detail, as
provided by Department rule, to enable the Department to render a determination
of compliance with design and construction standards under this Act.
If the Department finds that the drawings are not of sufficient detail for it
to render a determination of compliance, the plans shall be determined to be
incomplete and shall not be considered for purposes of initiating the 60 day
review period.
If a submission of drawings and specifications is incomplete, the applicant
may submit additional information.  The 60-day review period shall not commence
until the Department determines that a submission of drawings and
specifications is complete or the submission is deemed complete.
If the Department has not approved or disapproved the
drawings and specifications within 60 days, the construction, major alteration,
or addition shall be deemed approved.  If the drawings and specifications are
disapproved, the Department shall state in writing, with specificity, the
reasons for the disapproval.  The entity submitting the drawings and
specifications may submit additional information in response to the written
comments from the Department or request a reconsideration of the disapproval.
A final decision of approval or disapproval shall be made within 45 days of the
receipt of the additional information or reconsideration request.  If denied,
the Department shall state the specific reasons for the denial.(c) The Department shall provide written approval for occupancy pursuant
to subsection (g) and shall not issue a violation to a facility as a result of
a licensure or complaint survey based upon the facility's physical structure
if:(1) the Department reviewed and approved or deemed     approved the drawings and specifications for compliance with design and construction standards;(2) the construction, major alteration, or addition     was built as submitted;(3) the law or rules have not been amended since the     original approval; and(4) the conditions at the facility indicate that     there is a reasonable degree of safety provided for the patients.(d) The Department shall charge the following fees in connection with its
reviews conducted before June 30, 2004 under this Section:(1) (Blank).(2) (Blank).(3) If the estimated dollar value of the alteration,     addition, or new construction is $100,000 or more but less than $500,000, the fee shall be the greater of $2,400 or 1.2% of that value.(4) If the estimated dollar value of the alteration,     addition, or new construction is $500,000 or more but less than $1,000,000, the fee shall be the greater of $6,000 or 0.96% of that value.(5) If the estimated dollar value of the alteration,     addition, or new construction is $1,000,000 or more but less than $5,000,000, the fee shall be the greater of $9,600 or 0.22% of that value.(6) If the estimated dollar value of the alteration,     addition, or new construction is $5,000,000 or more, the fee shall be the greater of $11,000 or 0.11% of that value, but shall not exceed $40,000.The fees provided in this subsection (d) shall not apply to major
construction projects involving facility changes that are required by
Department rule amendments.The fees provided in this subsection (d) shall also not apply to major
construction projects if 51% or more of the estimated cost of the project is
attributed to capital equipment.  For major construction projects where 51% or
more of the estimated cost of the project is attributed to capital equipment,
the Department shall by rule establish a fee that is reasonably related to the
cost of reviewing the project.The Department shall not commence the facility plan review process under this
Section until the applicable fee has been paid.(e) All fees received by the Department under this Section shall be
deposited into the Health Facility Plan Review Fund, a special fund created in
the State Treasury. Moneys shall be appropriated from that Fund to the
Department only to pay the costs of conducting reviews under this Section.
All fees paid by ambulatory surgical treatment centers under subsection (d)
shall be used only to cover the costs relating to the Department's review of
ambulatory surgical treatment center projects under this Section.
None of the moneys in the Health Facility Plan Review Fund shall be used to
reduce the amount of General Revenue Fund moneys appropriated to the Department
for facility plan reviews conducted pursuant to this Section.(f) (1) The provisions of this amendatory Act of 1997     concerning drawings and specifications shall apply only to drawings and specifications submitted to the Department on or after October 1, 1997.(2) On and after the effective date of this     amendatory Act of 1997 and before October 1, 1997, an applicant may submit or resubmit drawings and specifications to the Department and pay the fees provided in subsection (d). If an applicant pays the fees provided in subsection (d) under this paragraph (2), the provisions of subsection (b) shall apply with regard to those drawings and specifications.(g) The Department shall conduct an on-site inspection of the completed
project no later than 30 days after notification from the applicant that the
project has been completed and all certifications required by the Department
have been received and accepted by the Department.  The Department shall
provide written approval for occupancy to the applicant within 5 working days
of the Department's final inspection, provided the applicant has demonstrated
substantial compliance as defined by Department rule.  Occupancy of new major
construction is prohibited until Department approval is received, unless the
Department has not acted within the time frames provided in this subsection
(g), in which case the construction shall be deemed approved.  Occupancy
shall be authorized after any required health
inspection by the Department has been conducted.(h) The Department shall establish, by rule, a procedure to conduct interim
on-site review of large or complex construction projects.(i) The Department shall establish, by rule, an expedited process for
emergency repairs or replacement of like equipment.(j) Nothing in this Section shall be construed to apply to maintenance,
upkeep, or renovation that does not affect the structural integrity of the
building, does not add beds or services over the number for which the facility
is licensed, and provides a reasonable degree of safety for the patients.
		(Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98; 91-712, eff. 7-1-00.) (210 ILCS 5/9) (from Ch. 111 1/2, par. 157-8.9)Sec. 9. 
		Inspections and investigations. 
		The Department shall make or cause to
be made inspections and investigations it deems necessary. Information received
by the Department through filed reports, inspection, or as otherwise authorized
under this Act shall not be disclosed publicly in a manner to identify
individual patients, except to another State agency for purposes of
investigation of professional or business practices in a licensed ambulatory
surgical treatment center.  The other State agency shall not disclose the
individual patient information publicly.Every facility licensed under this Act and any premises proposed to
be conducted as a facility by an applicant for a license shall be open
at all reasonable times to an inspection authorized in writing by the
Director.  No notice need be given to any person before any inspection.
		(Source: P.A. 88-490.) (210 ILCS 5/9a) (from Ch. 111 1/2, par. 157-8.9a)Sec. 9a. 
		
		Whenever an inspection of any ambulatory surgical treatment center
discloses that the continued operation of such facility constitutes an imminent
and serious menace to the health or safety of the patients thereof, or in
the event of a conviction of a licensee under Section 12 of this Act, the
inspector is authorized to immediately close such facility.  Once the facility
has been closed, the personnel employed there shall cease any activity related
to the patients, unless continued treatment of any given patient is necessary
to protect his or her health or life.  A written order setting forth the
grounds on which any action under this Section is based shall be served
on the licensee within 24 hours after such action is taken.  Any licensee
whose ambulatory surgical treatment center has been closed may, within 10
days thereafter, by written notice, request that the Director conduct a
hearing and a reinspection
under the provisions of this Act.  If a subsequent inspection discloses
that the violations of this Act or rules, regulations or standards have
been abated, the Director shall cancel the order of closing and permit patients
to be treated therein.  The remedies provided in this Section are in addition
to and not exclusive of any other remedy provided by law.
		(Source: P.A. 81-224.) (210 ILCS 5/9b) (from Ch. 111 1/2, par. 157-8.9b)Sec. 9b. 
		
		The Department shall establish by rule a procedure for receiving
and investigating complaints regarding any ambulatory surgical treatment
center or any physician practicing in any such facility.
		(Source: P.A. 81-224.) (210 ILCS 5/10) (from Ch. 111 1/2, par. 157-8.10)Sec. 10. 
		
		
		The Department shall prescribe and publish minimum standards, rules and
regulations necessary to implement the provisions of this Act which shall
include, but not be limited to:(a) construction of the facility including, but not     limited to, plumbing, heating, lighting, and ventilation which shall ensure the health, safety, comfort and privacy of patients and protection from fire hazard;(b) number and qualifications of all personnel,     including administrative and nursing personnel, having responsibility for any part of the care provided to the patients;(c) equipment essential to the health, welfare and     safety of the patients; and(d) facilities, programs and services to be provided     in connection with the care of patients in ambulatory surgical treatment centers.		(Source: P.A. 78-227.) (210 ILCS 5/10a) (from Ch. 111 1/2, par. 157-8.10a)Sec. 10a. 
		
		The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that in
case of conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rule-making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.
		(Source: P.A. 88-45.) (210 ILCS 5/10b) (from Ch. 111 1/2, par. 157-8.10b)Sec. 10b. 
		Notice of violation. 
		When the Department determines that a
facility is in violation of this Act or of any rule promulgated hereunder,
a notice of violation shall be served upon the licensee.  Each notice of
violation shall be prepared in writing and shall specify the nature of the
violation and the statutory provision or rule alleged to have been violated.
The notice shall inform the licensee of any action the Department may take
under the Act, including the requirement of a plan of correction under
Section 10c, assessment of a penalty under Section 10d, or licensure action
under Section 10f.  The Director or his designee shall also inform the
licensee of the right to a hearing under Section 10g.
		(Source: P.A. 86-1292.) (210 ILCS 5/10c) (from Ch. 111 1/2, par. 157-8.10c)Sec. 10c. 
		Plan of correction.(a) Each facility served with a notice of violation under Section 10b of
this Act shall file with the Department a written plan of correction, which
is subject to approval of the Department, within 10 days of receipt of such
notice.  Such plan of correction shall state with particularity the method
by which the facility intends to correct each violation and shall contain a
stated date by which each violation shall be corrected.(b) If the Department rejects a plan of correction, it shall send notice
of the rejection and the reason for the rejection to the licensee.  The
facility shall have 10 days after receipt of the notice of rejection to
submit a modified plan. If the modified plan is not timely submitted, or if
the modified plan is rejected, the facility shall follow a plan of
correction imposed by the Department.(c) If a facility desires to contest any Department action under this
Section it shall send a written request for a hearing under Section 10g to
the Department within 10 days of receipt of the notice of the contested
action.  The Department shall commence the hearing as provided in Section
10g. Whenever possible, all actions of the Department under this Section
arising out of a single violation shall be contested and determined at a
single hearing. Issues decided as the result of the hearing process may not
be reheard at subsequent hearings under this Act, but such determinations
may be used as grounds for other administrative action by the Department
pursuant to this Act.
		(Source: P.A. 86-1292.) (210 ILCS 5/10d) (from Ch. 111 1/2, par. 157-8.10d)Sec. 10d. Fines and penalties.(a)  When the Director determines that
a facility has failed to comply with this Act or the Illinois Adverse Health Care Events Reporting Law of 2005 or any rule adopted
under either of those Acts, the Department may issue a notice of fine assessment which shall
specify the violations for which the fine is assessed.  The Department may
assess a fine of up to $500 per violation per day commencing on the date
the violation was identified and ending on the date the violation is
corrected, or action is taken to suspend, revoke or deny renewal of the
license, whichever comes first.(b) In determining whether a fine is to be assessed or the amount of such
fine, the Director shall consider the following factors:(1) The gravity of the violation, including the     probability that death or serious physical or mental harm to a patient will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated;(2) The reasonable diligence exercised by the     licensee and efforts to correct violations;(3) Any previous violations committed by the     licensee; and(4) The financial benefit to the facility of     committing or continuing the violation.					(Source: P.A. 94-242, eff. 7-18-05.) (210 ILCS 5/10e) (from Ch. 111 1/2, par. 157-8.10e)Sec. 10e. 
		Payment of fines. 
		All fines shall be paid to the Department
within 10 days of the notice of assessment or, if the fine is contested
under Section 10g of this Act, within 10 days of the receipt of the
Director's final decision, unless the decision is appealed and the order is
stayed by court order under Section 11 of this Act. A fine assessed under
this Act shall be collected by the Department. If the licensee against whom
the fine has been assessed does not comply with a written demand for
payment within 30 days, the Director shall issue an order to do any of the
following:(a) Certify to the Comptroller, as provided by rule of the Department,
the delinquent fines due and owing from the licensee or any amounts due and
owing as a result of a civil action pursuant to paragraph (c) of this
Section.  The purpose of certification shall be to intercept State income
tax refunds and other payments due such licensee in order to satisfy, in
whole or in part, any delinquent fines or amounts recoverable in a civil
action brought pursuant to paragraph (c) of this Section. The rule shall
provide for notice to any such licensee or person affected. Any final
administrative decision rendered by the Department with respect to any
certification made pursuant to this paragraph (a) shall be reviewed only
under and in accordance with the Administrative Review Law.(b) Add the amount of the penalty to the facility's licensing fee. If
the licensee refuses to make the payment at the time of the application for
renewal of its license, the license shall not be renewed.(c) Bring an action in circuit court to recover the amount of the penalty.
		(Source: P.A. 86-1292.) (210 ILCS 5/10f) (from Ch. 111 1/2, par. 157-8.10f)Sec. 10f. 
		
		Denial, suspension, revocation or refusal to renew a license;
suspension of a service.(a) When the Director determines that there is or
has been a substantial or continued failure to comply with this Act or any
rule promulgated hereunder, the Department may issue an order of license
denial, suspension or revocation, or refusal to renew a license, in
accordance with subsection (a) of Section 10g of this Act.(b) When the Director determines that a facility has failed to
demonstrate the capacity to safely provide one or more of its services to
patients, the Department may issue an order of service suspension in
accordance with subsection (a) of Section 10g of this Act.(c) If, however, the Department finds that the public interest, health,
safety, or welfare imperatively requires emergency action, and if the
Director incorporates a finding to that effect in the order, summary
suspension of a service or a license to open, conduct, operate, and
maintain an ambulatory surgical treatment center or any part thereof may be
ordered pending proceedings for license revocation or other action, which
shall be promptly instituted and determined.
		(Source: P.A. 86-1292.) (210 ILCS 5/10g) (from Ch. 111 1/2, par. 157-8.10g)Sec. 10g. 
		Notice of administrative actions; hearing procedures.(a) Notice of all administrative actions taken under this Act shall be
effected by registered mail, certified mail, or personal service and shall
set forth the particular reasons for the proposed action and provide the
applicant or licensee with an opportunity to request a hearing. If a
hearing request is not received within 10 days, the right to a hearing
is waived.(b) The procedure governing hearings authorized by this Section shall be
in accordance with rules promulgated by the Department consistent with this
Act. A hearing shall be conducted by the Director or by an individual
designated in writing by the Director as hearing officer. A full and
complete record shall be kept of all proceedings, including notice of
hearing, complaint, and all other documents in the nature of pleadings,
written motions filed in the proceedings, and the report and orders of the
Director and hearing officer. All testimony shall be reported but need not
be transcribed unless the decision is appealed pursuant to Section 11 of
this Act. A copy or copies of the transcript may be obtained by any
interested party on payment of the cost of preparing such copy or copies.(c) The Director or hearing officer shall, upon his own motion or on the
written request of any party to the proceeding, issue subpoenas requiring
the attendance and testimony of witnesses and subpoenas duces tecum
requiring the production of books, papers, records or memoranda. The fees
of witnesses for attendance and travel shall be the same as the fees of
witnesses before any circuit court of this State. Such fees shall be paid
when the witness is excused from further attendance. When the witness is
subpoenaed at the instance of the Director or hearing officer, such fees
shall be paid in the same manner as other expenses of the Department. When
the witness is subpoenaed at the instance of any other party to a
proceeding, the Department may require that the cost of service of the
subpoena or subpoena duces tecum and the fee of the witness be borne by the
party at whose instance the witness is summoned. In such case, the
Department, in its discretion, may require a deposit to cover the cost of
such service and witness fees. A subpoena or subpoena duces tecum issued
under this Section shall be served in the same manner as a subpoena issued by a court.(d) Any circuit court of this State, upon the application of the
Director or the application of any other party to the proceeding, may, in
its discretion, compel the attendance of witnesses, the production of
books, papers, records or memoranda, and the giving of testimony before the
Director or hearing officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt, or
otherwise, in the same manner as production of evidence may be compelled
before the court.(e) The Director or hearing officer, or any party in a hearing before the
Department, may cause the deposition of witnesses within the State to be
taken in the manner prescribed by law for depositions in civil actions in
courts of this State, and may compel the attendance of witnesses and the
production of books, papers, records or memoranda.(f) The Director or Hearing Officer shall make findings of fact in such
hearing and the Director shall render his decision within 60 days
after the termination or waiving of the hearing unless additional time is
required by him for a proper disposition of the matter.  When the hearing
has been conducted by a hearing officer, the Director shall review the
record and findings of fact before rendering a decision.  A copy of the
findings of fact and decision of the Director shall be served upon the
applicant or licensee in person, by registered mail, or by certified mail
in the same manner as the service of the notice of hearing. The decision
denying, suspending, or revoking a license shall become final 35 days after
it is mailed or served, unless the applicant or licensee, within the 35-day
period, petitions for review pursuant to Section 11 of this Act.
		(Source: P.A. 86-1292.) (210 ILCS 5/11) (from Ch. 111 1/2, par. 157-8.11)Sec. 11. 
		
		Whenever the Department refuses to grant, or revokes or suspends a
license to open, conduct or maintain an ambulatory surgical treatment
center, the applicant or licensee may have such decision judicially
reviewed. The provisions of the Administrative Review Law and the rules
adopted pursuant thereto shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the Department
hereunder. The term "administrative decisions" is defined as in Section
3-101 of the Code of Civil Procedure.
		(Source: P.A. 82-783.) (210 ILCS 5/12) (from Ch. 111 1/2, par. 157-8.12)Sec. 12. 
		
		Any person opening, conducting or maintaining an ambulatory surgical
treatment center without a license issued pursuant to this Act shall be
guilty of a business offense punishable by a fine of $10,000 and each day's
violation shall constitute a separate offense.  Any person opening,
conducting or maintaining an ambulatory surgical treatment center who violates
any other provision of this Act shall be guilty of a business offense punishable
by a fine of not more than $10,000.
		(Source: P.A. 81-224.) (210 ILCS 5/13) (from Ch. 111 1/2, par. 157-8.13)Sec. 13. 
		
		
		The operation or maintenance of an ambulatory surgical treatment center
in violation of this Act or of the rules and regulations promulgated by the
Department is declared a public nuisance inimical to the public welfare.
The Director of the Department, in the name of the People of the State,
through the Attorney General or the State's Attorney of the county in which
the violation occurs, may, in addition to other remedies herein provided,
bring action for an injunction to restrain such violation or to enjoin the
future operation or maintenance of any such ambulatory surgical treatment
center.
		(Source: P.A. 78-227.) (210 ILCS 5/14) (from Ch. 111 1/2, par. 157-8.14)Sec. 14. 
The Governor shall appoint an Ambulatory Surgical Treatment Center
Licensing Board composed of 12 persons.  Four members shall be practicing
physicians; one member shall be a practicing podiatric physician;
one member shall be a dentist who has been licensed to perform
oral surgery; one member shall be an Illinois registered professional nurse
who is employed in an ambulatory surgical treatment center; one member
shall be a person actively engaged in the supervision or administration of
a health facility; and 4 members shall represent the general public and
shall have no personal economic interest in any institution, place or
building licensed pursuant to this Act.  In making Board appointments, the
Governor shall give consideration to recommendations made through the
Director by appropriate professional organizations.Each member shall hold office for a term of 3 years and the terms of
office of the members first taking office shall expire, as designated at
the time of appointment, 3 at the end of the first year, 3 at the end of
the second year, and 6 at the end of the third year, after the date of
appointment.  The term of office of each original appointee shall commence
October 1, 1973; and the term of office of each successor shall commence on
October 1 of the year in which his predecessor's term expires.  Any member
appointed to fill a vacancy occurring prior to the expiration of the term
for which his predecessor was appointed shall be appointed for the
remainder of such term.  Board members, while serving on business of the
Board shall receive actual and necessary travel and subsistence expenses
while so serving away from their places of residence.  The Board shall meet
as frequently as the Director deems necessary, but not less than once a
year.  Upon request of 3 or more members, the Director shall call a meeting
of the Board.The Board shall advise and consult with the Department in the
administration of this Act, provided that no rule
shall be adopted by the Department concerning the operation of ambulatory
surgical treatment centers licensed under this Act which has not had prior
approval of the Ambulatory Surgical Treatment Center Licensing Board.
The Department shall submit a final draft of all rules to the Board for
review and approval. The final draft rules shall be placed upon the agenda
of a scheduled Board meeting which shall be called within 90 days of the
submission of such rules. If the Board takes no action on the final draft
rules within the 90-day period, the rules shall be considered approved and
the Department may proceed with their promulgation in conformance with the
Illinois Administrative Procedure Act.  If the final draft rules are
approved by virtue of the Board's failure to act, the Department shall
afford any member of the Board 10 days within which to comment upon such
rules.  In the event of a  rule promulgation without approval of the Board,
the Department shall allow the Board an ex post facto opportunity to
discuss such rule following its adoption.
(Source: P.A. 98-214, eff. 8-9-13.) (210 ILCS 5/15) (from Ch. 111 1/2, par. 157-8.15)Sec. 15. 
		
		
		If any provision of this Act or the application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the
provisions or application of this Act which can be given effect without the
invalid provision or application, and to this end the provisions of the Act
are declared to be severable.
		(Source: P.A. 78-227) (210 ILCS 5/16) (from Ch. 111 1/2, par. 157-8.16)Sec. 16. 
		This Act shall take effect upon its becoming a law. 
		(Source: P.A. 78-227.)
(210 ILCS 50/1) (from Ch. 111 1/2, par. 5501)Sec. 1. 
		
		Short title.)  This Act shall be known and may be cited as
the "Emergency Medical Services (EMS) Systems Act".
		(Source: P.A. 81-1518; 88-1.) (210 ILCS 50/2) (from Ch. 111 1/2, par. 5502)Sec. 2. 
		
		The Legislature finds and declares that it is the intent of
this legislation to provide the State with systems for
emergency medical
services by establishing within the State Department of Public Health a central
authority responsible for the coordination and integration of all activities within the State concerning pre-hospital and
inter-hospital emergency medical services, as well as non-emergency
medical transports, and
the overall planning, evaluation,
and regulation of pre-hospital emergency medical services systems.The provisions of this Act shall not be construed to deny emergency medical
services to persons outside the boundaries of this State nor to limit,
restrict,
or prevent any cooperative agreement for the provision of emergency medical
services between this State, or any of its political subdivisions, and any
other State or its political subdivisions or a federal agency.The provisions of this Act shall not be construed to
regulate the emergency transportation of persons by friends
or family members, in personal vehicles that are not
ambulances, specialized emergency medical service vehicles,
first response vehicles or medical carriers.This legislation is intended to provide minimum
standards for the statewide delivery of EMS services.  It
is recognized, however, that diversities exist between
different areas of the State, based on geography, location
of health care facilities, availability of personnel, and
financial resources.  The Legislature therefore intends that
the implementation and enforcement of this Act by
the Illinois Department of Public Health accommodate those
varying needs and interests to the greatest extent possible
without jeopardizing appropriate standards of medical care,
through the Department's exercise of the waiver provision of
this Act and its adoption of rules pursuant to this Act.
		(Source: P.A. 88-1; 89-177, eff. 7-19-95.) (210 ILCS 50/3) (from Ch. 111 1/2, par. 5503)Sec. 3. 
		
		Applicability.)  This Act is not a limitation on the powers
of home rule units.
		(Source: P.A. 81-1518; 88-1.) (210 ILCS 50/3.5)Sec. 3.5. Definitions. As used in this Act:"Clinical observation" means the ongoing observation of a patient's condition by a licensed health care professional utilizing a medical skill set while continuing assessment and care."Department" means the Illinois Department of Public Health."Director" means the Director of the Illinois Department of Public Health."Emergency" means a medical condition of recent onset and severity that
would lead a prudent layperson, possessing an average knowledge of medicine and
health, to believe that urgent or unscheduled medical care is required."Emergency Medical Services personnel" or "EMS personnel" means persons licensed as an Emergency Medical Responder (EMR) (First Responder), Emergency Medical Dispatcher (EMD), Emergency Medical Technician (EMT), Emergency Medical Technician-Intermediate (EMT-I), Advanced Emergency Medical Technician (A-EMT), Paramedic (EMT-P), Emergency Communications Registered Nurse (ECRN), Pre-Hospital Registered Nurse (PHRN), Pre-Hospital Advanced Practice Registered Nurse (PHAPRN), or Pre-Hospital Physician Assistant (PHPA)."Health care facility" means a hospital,
nursing home, physician's office or other fixed location at which
medical and health care services are performed. It does not
include "pre-hospital emergency care settings" which utilize EMS personnel to render
pre-hospital emergency care prior to the
arrival of a transport vehicle, as defined in this Act."Hospital" has the meaning ascribed to that
term in the Hospital Licensing Act."Medical monitoring" means the performance of medical tests and physical exams to evaluate an individual's ongoing exposure to a factor that could negatively impact that person's health. "Medical monitoring" includes close surveillance or supervision of patients liable to suffer deterioration in physical or mental health and checks of various parameters such as pulse rate, temperature, respiration rate, the condition of the pupils, the level of consciousness and awareness, the degree of appreciation of pain, and blood gas concentrations such as oxygen and carbon dioxide."Trauma" means any significant injury which
involves single or multiple organ systems.
(Source: P.A. 100-1082, eff. 8-24-19; 101-81, eff. 7-12-19.) (210 ILCS 50/3.10)Sec. 3.10. Scope of services.(a) "Advanced Life Support (ALS) Services" means
an advanced level of pre-hospital and inter-hospital emergency
care and non-emergency medical services that includes basic life
support care, cardiac monitoring, cardiac defibrillation,
electrocardiography, intravenous therapy, administration of
medications, drugs and solutions, use of adjunctive medical
devices, trauma care, and other authorized techniques and
procedures, as outlined in the provisions of the National EMS Education Standards relating to Advanced Life Support and any modifications to that curriculum
specified in rules adopted by the Department pursuant to
this Act.That care shall be initiated as authorized by the EMS
Medical Director in a Department approved advanced life
support EMS System, under the written or verbal direction of
a physician licensed to practice medicine in all of its
branches or under the verbal direction of an Emergency
Communications Registered Nurse.(b) "Intermediate Life Support (ILS) Services"
means an intermediate level of pre-hospital and inter-hospital
emergency care and non-emergency medical services that includes
basic life support care plus intravenous cannulation and
fluid therapy, invasive airway management, trauma care, and
other authorized techniques and procedures, as outlined in
the  Intermediate Life Support national curriculum of the
United States Department of Transportation and any
modifications to that curriculum specified in rules adopted
by the Department pursuant to this Act.That care shall be initiated as authorized by the EMS
Medical Director in a Department approved intermediate or
advanced life support EMS System, under the written or
verbal direction of a physician licensed to practice
medicine in all of its branches or under the verbal
direction of an Emergency Communications Registered Nurse.(c) "Basic Life Support (BLS) Services" means a
basic level of pre-hospital and inter-hospital emergency care and
non-emergency medical services that includes medical monitoring, clinical observation, airway management,
cardiopulmonary resuscitation (CPR), control of shock and
bleeding and splinting of fractures, as outlined in the provisions of the National EMS Education Standards relating to Basic Life Support and any modifications to that
curriculum specified in rules adopted by the Department
pursuant to this Act.That care shall be initiated, where authorized by the
EMS Medical Director in a Department approved EMS System,
under the written or verbal direction of a physician
licensed to practice medicine in all of its branches or
under the verbal direction of an Emergency Communications
Registered Nurse.(d) "Emergency Medical Responder Services" means a preliminary
level of pre-hospital emergency care that includes
cardiopulmonary resuscitation (CPR), monitoring vital signs
and control of bleeding, as outlined in the Emergency Medical Responder (EMR) curriculum of the National EMS Education Standards
and any modifications to that curriculum specified in rules
adopted by the Department pursuant to this Act.(e) "Pre-hospital care" means those
medical services rendered to patients for analytic,
resuscitative, stabilizing, or preventive purposes,
precedent to and during transportation of such patients to
health care facilities.(f) "Inter-hospital care" means those
medical services rendered to patients for
analytic, resuscitative, stabilizing, or preventive
purposes, during transportation of such patients from one
hospital to another hospital.(f-5) "Critical care transport" means the pre-hospital or inter-hospital transportation of a critically injured or ill patient by a vehicle service provider, including the provision of medically necessary supplies and services, at a level of service beyond the scope of the Paramedic. When medically indicated for a patient, as determined by a physician licensed to practice medicine in all of its branches, an advanced practice registered nurse, or a physician assistant, in compliance with subsections (b) and (c) of Section 3.155 of this Act, critical care transport may be provided by:(1)  Department-approved critical care transport     providers, not owned or operated by a hospital, utilizing Paramedics with additional training, nurses, or other qualified health professionals; or(2)  Hospitals, when utilizing any vehicle service     provider or any hospital-owned or operated vehicle service provider. Nothing in Public Act 96-1469 requires a hospital to use, or to be, a Department-approved critical care transport provider when transporting patients, including those critically injured or ill. Nothing in this Act shall restrict or prohibit a hospital from providing, or arranging for, the medically appropriate transport of any patient, as determined by a physician licensed to practice in all of its branches, an advanced practice registered nurse, or a physician assistant.(g) "Non-emergency medical services" means the provision of, and all actions necessary before and after the provision of, Basic Life Support (BLS) Services, Advanced Life Support (ALS) Services, and critical care transport to
patients whose conditions do not meet this Act's definition of emergency, before, after, or
during transportation of such patients to or from health care facilities visited for the
purpose of obtaining medical or health care services which are not emergency in
nature, using a vehicle regulated by this Act and personnel licensed under this Act.(g-5)  The Department shall have the authority to promulgate minimum standards for critical care transport providers through rules adopted pursuant to this Act. All critical care transport providers must function within a Department-approved EMS System. Nothing in Department rules shall restrict a hospital's ability to furnish personnel, equipment, and medical supplies to any vehicle service provider, including a critical care transport provider. Minimum critical care transport provider standards shall include, but are not limited to:(1) Personnel staffing and licensure.(2) Education, certification, and experience.(3) Medical equipment and supplies.(4) Vehicular standards.(5) Treatment and transport protocols.(6) Quality assurance and data collection.(h)
The provisions of this Act shall not apply to
the use of an ambulance or SEMSV, unless and until
emergency or non-emergency medical services are needed
during the use of the ambulance or SEMSV.
(Source: P.A. 102-623, eff. 8-27-21; 102-813, eff. 5-13-22.) (210 ILCS 50/3.15)Sec. 3.15. Emergency Medical Services (EMS) Regions. The Department shall
designate Emergency Medical Services (EMS) Regions within the
State, consisting of specific geographic areas encompassing
EMS Systems and trauma centers, in which emergency medical
services, trauma services, and non-emergency medical
services are coordinated under an EMS Region Plan.In designating EMS Regions, the Department shall take
into consideration, but not be limited to, the location of
existing EMS Systems, Trauma Regions and trauma centers,
existing patterns of inter-System transports, population
locations and density, transportation modalities, and
geographical distance from available trauma and emergency
department care.Use of the term Trauma Region to identify a specific
geographic area shall be discontinued upon designation of
areas as EMS Regions.
(Source: P.A. 98-973, eff. 8-15-14.) (210 ILCS 50/3.20)Sec. 3.20. Emergency Medical Services (EMS) Systems.(a) "Emergency Medical Services (EMS) System" means an
organization of hospitals, vehicle service providers and
personnel approved by the Department in a specific
geographic area, which coordinates and provides pre-hospital
and inter-hospital emergency care and non-emergency medical
transports at a BLS, ILS and/or ALS level pursuant to a
System program plan submitted to and approved by the
Department, and pursuant to the EMS Region Plan adopted for
the EMS Region in which the System is located.(b) One hospital in each System program plan must be
designated as the Resource Hospital.  All other hospitals
which are located within the geographic boundaries of a
System and which have standby, basic or comprehensive level
emergency departments must function in that EMS System as
either an Associate Hospital or Participating Hospital and
follow all System policies specified in the System Program
Plan, including but not limited to the replacement of drugs
and equipment used by providers who have delivered patients
to their emergency departments.  All hospitals and vehicle
service providers participating in an EMS System must
specify their level of participation in the System Program
Plan.(c) The Department shall have the authority and
responsibility to:(1) Approve BLS, ILS and ALS level EMS Systems which     meet minimum standards and criteria established in rules adopted by the Department pursuant to this Act, including the submission of a Program Plan for Department approval. Beginning September 1, 1997, the Department shall approve the development of a new EMS System only when a local or regional need for establishing such System has been verified by the Department. This shall not be construed as a needs assessment for health planning or other purposes outside of this Act. Following Department approval, EMS Systems must be fully operational within one year from the date of approval.(2) Monitor EMS Systems, based on minimum standards     for continuing operation as prescribed in rules adopted by the Department pursuant to this Act, which shall include requirements for submitting Program Plan amendments to the Department for approval.(3) Renew EMS System approvals every 4 years, after     an inspection, based on compliance with the standards for continuing operation prescribed in rules adopted by the Department pursuant to this Act.(4) Suspend, revoke, or refuse to renew approval of     any EMS System, after providing an opportunity for a hearing, when findings show that it does not meet the minimum standards for continuing operation as prescribed by the Department, or is found to be in violation of its previously approved Program Plan.(5) Require each EMS System to adopt written     protocols for the bypassing of or diversion to any hospital, trauma center or regional trauma center, which provide that a person shall not be transported to a facility other than the nearest hospital, regional trauma center or trauma center unless the medical benefits to the patient reasonably expected from the provision of appropriate medical treatment at a more distant facility outweigh the increased risks to the patient from transport to the more distant facility, or the transport is in accordance with the System's protocols for patient choice or refusal.(6) Require that the EMS Medical Director of an ILS     or ALS level EMS System be a physician licensed to practice medicine in all of its branches in Illinois, and certified by the American Board of Emergency Medicine or the American Osteopathic Board of Emergency Medicine, and that the EMS Medical Director of a BLS level EMS System be a physician licensed to practice medicine in all of its branches in Illinois, with regular and frequent involvement in pre-hospital emergency medical services.  In addition, all EMS Medical Directors shall:(A) Have experience on an EMS vehicle at the         highest level available within the System, or make provision to gain such experience within 12 months prior to the date responsibility for the System is assumed or within 90 days after assuming the position;(B) Be thoroughly knowledgeable of all skills         included in the scope of practices of all levels of EMS personnel within the System;(C) Have or make provision to gain experience         instructing students at a level similar to that of the levels of EMS personnel within the System; and(D) For ILS and ALS EMS Medical Directors,         successfully complete a Department-approved EMS Medical Director's Course.(7) Prescribe statewide EMS data elements to be     collected and documented by providers in all EMS Systems for all emergency and non-emergency medical services, with a one-year phase-in for commencing collection of such data elements.(8) Define, through rules adopted pursuant to this     Act, the terms "Resource Hospital", "Associate Hospital", "Participating Hospital", "Basic Emergency Department", "Standby Emergency Department", "Comprehensive Emergency Department", "EMS Medical Director", "EMS Administrative Director", and "EMS System Coordinator".(A) (Blank).(B) (Blank).(9) Investigate the circumstances that caused a     hospital in an EMS system to go on bypass status to determine whether that hospital's decision to go on bypass status was reasonable.  The Department may impose sanctions, as set forth in Section 3.140 of the Act, upon a Department determination that the hospital unreasonably went on bypass status in violation of the Act.(10) Evaluate the capacity and performance of any     freestanding emergency center established under Section 32.5 of this Act in meeting emergency medical service needs of the public, including compliance with applicable emergency medical standards and assurance of the availability of and immediate access to the highest quality of medical care possible.(11) Permit limited EMS System participation by     facilities operated by the United States Department of Veterans Affairs, Veterans Health Administration. Subject to patient preference, Illinois EMS providers may transport patients to Veterans Health Administration facilities that voluntarily participate in an EMS System. Any Veterans Health Administration facility seeking limited participation in an EMS System shall agree to comply with all Department administrative rules implementing this Section. The Department may promulgate rules, including, but not limited to, the types of Veterans Health Administration facilities that may participate in an EMS System and the limitations of participation.(12) Ensure that EMS systems are transporting     pregnant women to the appropriate facilities based on the classification of the levels of maternal care described under subsection (a) of Section 2310-223 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. (Source: P.A. 101-447, eff. 8-23-19.) (210 ILCS 50/3.21)Sec. 3.21. 
		Hospital first responders. 
		The General Assembly finds that in
the event of
terrorist acts, especially those involving the release of biological agents,
bacteria, viruses,
or other agents intended to cause illness or injury, hospitals serve as first
responders in
diagnosing and treating the victims of those acts. As first responders,
hospitals are on the
front lines of the State's emergency management efforts. Given the increased
demands
for equipment, materials, and training associated with their responsibility as
first
responders in the event of terrorist acts, hospitals would benefit from
additional resources
to enable them to be better prepared to protect and aid the residents of the
State. In
awarding funds to support disaster preparedness by first responders, the
Department and
any other State agencies shall take into account the role of hospitals in being
prepared to
respond to emergencies or disasters.
		(Source: P.A. 93-249, eff. 7-22-03.) (210 ILCS 50/3.25)Sec. 3.25. EMS Region Plan; Development.(a) Within 6 months after designation of an EMS
Region, an EMS Region Plan addressing at least the information
prescribed in Section 3.30 shall be submitted to the
Department for approval.  The Plan shall be developed by the
Region's EMS Medical Directors Committee with advice from the
Regional EMS Advisory Committee; portions of the plan
concerning trauma shall be developed jointly with the Region's
Trauma Center Medical Directors or Trauma Center Medical
Directors Committee, whichever is applicable, with advice from
the Regional Trauma Advisory Committee, if such Advisory
Committee has been established in the Region. Portions of the Plan concerning stroke shall be developed jointly with the Regional Stroke Advisory Subcommittee.(1) A Region's EMS Medical Directors Committee shall     be comprised of the Region's EMS Medical Directors, along with the medical advisor to a fire department vehicle service provider.  For regions which include a municipal fire department serving a population of over 2,000,000 people, that fire department's medical advisor shall serve on the Committee.  For other regions, the fire department vehicle service providers shall select which medical advisor to serve on the Committee on an annual basis.(2) A Region's Trauma Center Medical Directors     Committee shall be comprised of the Region's Trauma Center Medical Directors.(b) A Region's Trauma Center Medical Directors may
choose to participate in the development of the EMS Region
Plan through membership on the Regional EMS Advisory
Committee, rather than through a separate Trauma Center Medical Directors
Committee.  If that option is selected,
the Region's Trauma Center Medical Director shall also
determine whether a separate Regional Trauma Advisory
Committee is necessary for the Region.(c) In the event of disputes over content of the
Plan between the Region's EMS Medical Directors Committee and the
Region's Trauma Center Medical Directors or Trauma Center
Medical Directors Committee, whichever is applicable, the
Director of the Illinois Department of Public Health shall
intervene through a mechanism established by the Department
through rules adopted pursuant to this Act.(d) "Regional EMS Advisory Committee" means a
committee formed within an Emergency Medical Services (EMS)
Region to advise the Region's EMS Medical Directors
Committee and to select the Region's representative to the
State Emergency Medical Services Advisory Council,
consisting of at least the members of the Region's EMS
Medical Directors Committee, the Chair of the Regional
Trauma Committee, the EMS System Coordinators from each
Resource Hospital within the Region, one administrative
representative from an Associate Hospital within the Region,
one administrative representative from a Participating
Hospital within the Region, one administrative
representative from the vehicle service provider which
responds to the highest number of calls for emergency service within
the Region, one administrative representative of a vehicle
service provider from each System within the Region, one individual from each level of license provided in Section 3.50 of this Act, one Pre-Hospital Registered Nurse
 practicing within the Region,
and one registered professional nurse currently practicing
in an emergency department within the Region.
Of the 2 administrative representatives of vehicle service providers, at
least one shall be an administrative representative of a private vehicle
service provider.  The
Department's  Regional EMS Coordinator for each Region shall
serve as a non-voting member of that Region's EMS Advisory
Committee.Every 2 years, the members of the Region's EMS Medical
Directors Committee shall rotate serving as Committee Chair,
and select the Associate Hospital, Participating Hospital
and vehicle service providers which shall send
representatives to the Advisory Committee, and the
EMS personnel and nurse who shall serve on the
Advisory Committee.(e) "Regional Trauma Advisory Committee" means a
committee formed within an Emergency Medical Services (EMS)
Region, to advise the Region's Trauma Center Medical
Directors Committee, consisting of at least the Trauma
Center Medical Directors and Trauma Coordinators from each
Trauma Center within the Region, one EMS Medical Director
from a resource hospital within the Region, one EMS System
Coordinator from another resource hospital within the
Region, one representative each from a public and private
vehicle service provider which transports trauma patients
within the Region, an administrative representative from
each trauma center within the Region, one EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or PHRN representing
the highest level of EMS personnel practicing within the Region, one
emergency physician and one Trauma Nurse Specialist (TNS)
currently practicing in a trauma center.  The Department's
Regional EMS Coordinator for each Region shall serve as a
non-voting member of that Region's Trauma Advisory
Committee.Every 2 years, the members of the Trauma Center Medical
Directors Committee shall rotate serving as Committee Chair,
and select the vehicle service providers, EMS personnel, emergency
physician, EMS System Coordinator and TNS who shall serve on
the Advisory Committee.
(Source: P.A. 98-973, eff. 8-15-14.) (210 ILCS 50/3.30)Sec. 3.30. EMS Region Plan; Content.(a) The EMS Medical Directors Committee shall address
at least the following:(1) Protocols for inter-System/inter-Region patient     transports, including identifying the conditions of emergency patients which may not be transported to the different levels of emergency department, based on their Department classifications and relevant Regional considerations (e.g. transport times and distances);(2) Regional standing medical orders;(3) Patient transfer patterns, including criteria for     determining whether a patient needs the specialized services of a trauma center, along with protocols for the bypassing of or diversion to any hospital, trauma center or regional trauma center which are consistent with individual System bypass or diversion protocols and protocols for patient choice or refusal;(4) Protocols for resolving Regional or Inter-System     conflict;(5) An EMS disaster preparedness plan which includes     the actions and responsibilities of all EMS participants within the Region.  Within 90 days of the effective date of this amendatory Act of 1996, an EMS System shall submit to the Department for review an internal disaster plan.  At a minimum, the plan shall include contingency plans for the transfer of patients to other facilities if an evacuation of the hospital becomes necessary due to a catastrophe, including but not limited to, a power failure;(6) Regional standardization of continuing education     requirements;(7) Regional standardization of Do Not Resuscitate     (DNR) policies, and protocols for power of attorney for health care;(8) Protocols for disbursement of Department
grants;(9) Protocols for the triage, treatment, and     transport of possible acute stroke patients; and(10) Regional standing medical orders for the     administration of opioid antagonists.(b) The Trauma Center Medical Directors or Trauma
Center Medical Directors Committee shall address at least
the following:(1) The identification of Regional Trauma
Centers;(2) Protocols for inter-System and inter-Region     trauma patient transports, including identifying the conditions of emergency patients which may not be transported to the different levels of emergency department, based on their Department classifications and relevant Regional considerations (e.g. transport times and distances);(3) Regional trauma standing medical orders;(4) Trauma patient transfer patterns, including     criteria for determining whether a patient needs the specialized services of a trauma center, along with protocols for the bypassing of or diversion to any hospital, trauma center or regional trauma center which are consistent with individual System bypass or diversion protocols and protocols for patient choice or refusal;(5) The identification of which types of patients can     be cared for by Level I and Level II Trauma Centers;(6) Criteria for inter-hospital transfer of trauma     patients;(7) The treatment of trauma patients in each trauma     center within the Region;(8) A program for conducting a quarterly conference     which shall include at a minimum a discussion of morbidity and mortality between all professional staff involved in the care of trauma patients;(9) The establishment of a Regional trauma quality     assurance and improvement subcommittee, consisting of trauma surgeons, which shall perform periodic medical audits of each trauma center's trauma services, and forward tabulated data from such reviews to the Department; and(10) The establishment, within 90 days of the     effective date of this amendatory Act of 1996, of an internal disaster plan, which shall include, at a minimum, contingency plans for the transfer of patients to other facilities if an evacuation of the hospital becomes necessary due to a catastrophe, including but not limited to, a power failure.(c) The Region's EMS Medical Directors and Trauma
Center Medical Directors Committees shall appoint any
subcommittees which they deem necessary to address specific
issues concerning Region activities.
(Source: P.A. 99-480, eff. 9-9-15.) (210 ILCS 50/3.35)Sec. 3.35. Emergency Medical Services (EMS) Resource
Hospital; Functions.
The Resource Hospital of an EMS System shall:(a) Prepare a Program Plan in accordance with the     provisions of this Act and minimum standards and criteria established in rules adopted by the Department pursuant to this Act, and submit such Program Plan to the Department for approval.(b) Appoint an EMS Medical Director, who will     continually monitor and supervise the System and who will have the responsibility and authority for total management of the System as delegated by the EMS Resource Hospital.The Program Plan shall require the EMS Medical     Director to appoint an alternate EMS Medical Director and establish a written protocol addressing the functions to be carried out in his or her absence.(c) Appoint an EMS System Coordinator and EMS     Administrative Director in consultation with the EMS Medical Director and in accordance with rules adopted by the Department pursuant to this Act.(d) Identify potential EMS System participants and     obtain commitments from them for the provision of services.(e) Educate or coordinate the education of EMS     personnel and all other license holders in accordance with the requirements of this Act, rules adopted by the Department pursuant to this Act, and the EMS System Program Plan.(f) Notify the Department of EMS personnel who have     successfully completed the requirements as provided by law for initial licensure, license renewal, and license reinstatement  by the Department.(g) Educate or coordinate the education of Emergency     Medical Dispatcher candidates, in accordance with the requirements of this Act, rules adopted by the Department pursuant to this Act, and the EMS System Program Plan.(h) Establish or approve protocols for prearrival     medical instructions to callers by System Emergency Medical Dispatchers who provide such instructions.(i) Educate or coordinate the education of     Pre-Hospital Registered Nurse, Pre-Hospital Advanced Practice Registered Nurse, Pre-Hospital Physician Assistant, and ECRN candidates, in accordance with the requirements of this Act, rules adopted by the Department pursuant to this Act, and the EMS System Program Plan.(j) Approve Pre-Hospital Registered Nurse,     Pre-Hospital Advanced Practice Registered Nurse, Pre-Hospital Physician Assistant, and ECRN candidates to practice within the System, and reapprove Pre-Hospital Registered Nurses, Pre-Hospital Advanced Practice Registered Nurses, Pre-Hospital Physician Assistants, and ECRNs every 4 years in accordance with the requirements of the Department and the System Program Plan.(k) Establish protocols for the use of Pre-Hospital     Registered Nurses, Pre-Hospital Advanced Practice Registered Nurses, and Pre-Hospital Physician Assistants  within the System.(l) Establish protocols for utilizing ECRNs and     physicians licensed to practice medicine in all of its branches to monitor telecommunications from, and give voice orders to, EMS personnel, under the authority of the EMS Medical Director.(m) Monitor emergency and non-emergency medical     transports within the System, in accordance with rules adopted by the Department pursuant to this Act.(n) Utilize levels of personnel required by the     Department to provide emergency care to the sick and injured at the scene of an emergency, during transport to a hospital or during inter-hospital transport and within the hospital emergency department until the responsibility for the care of the patient is assumed by the medical personnel of a hospital emergency department or other facility within the hospital to which the patient is first delivered by System personnel.(o) Utilize levels of personnel required by the     Department to provide non-emergency medical services during transport to a health care facility and within the health care facility until the responsibility for the care of the patient is assumed by the medical personnel of the health care facility to which the patient is delivered by System personnel.(p) Establish and implement a program for System     participant information and education, in accordance with rules adopted by the Department pursuant to this Act.(q) Establish and implement a program for public     information and education, in accordance with rules adopted by the Department pursuant to this Act.(r) Operate in compliance with the EMS Region Plan.
(Source: P.A. 100-1082, eff. 8-24-19.) (210 ILCS 50/3.40)Sec. 3.40. EMS System Participation Suspensions and
Due Process.(a) An EMS Medical Director may suspend from
participation within the System any EMS personnel, EMS Lead Instructor (LI), individual, individual
provider or other participant considered not to be meeting
the requirements of the Program Plan of that approved EMS
System.(b) Prior to suspending any individual or entity, an EMS Medical Director
shall provide an opportunity for a hearing before the
local System review board in accordance with subsection (f) and the rules
promulgated by the Department.(1) If the local System review board affirms or     modifies the EMS Medical Director's suspension order, the individual or entity shall have the opportunity for a review of the local board's decision by the State EMS Disciplinary Review Board, pursuant to Section 3.45 of this Act.(2) If the local System review board reverses or     modifies the EMS Medical Director's order, the EMS Medical Director shall have the opportunity for a review of the local board's decision by the State EMS Disciplinary Review Board, pursuant to Section 3.45 of this Act.(3) The suspension shall commence only upon the     occurrence of one of the following:(A) the individual or entity has waived the         opportunity for a hearing before the local System review board; or(B) the order has been affirmed or modified by         the local system review board and the individual or entity has waived the opportunity for review by the State Board; or(C) the order has been affirmed or modified by         the local system review board, and the local board's decision has been affirmed or modified by the State Board.(c) An EMS Medical Director may immediately suspend an EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, PHPA, PHAPRN, or other individual or entity if he or she finds that the
continuation in practice by the individual or entity would constitute an
imminent danger to the public.  The suspended individual or entity shall be
issued an immediate verbal notification followed by a written suspension order
 by the EMS Medical Director which states the
length, terms and basis for the suspension.(1) Within 24 hours following the commencement of the     suspension, the EMS Medical Director shall deliver to the Department, by messenger, telefax, or other Department-approved electronic communication, a copy of the suspension order and copies of any written materials which relate to the EMS Medical Director's decision to suspend the individual or entity. All medical and patient-specific information, including Department findings with respect to the quality of care rendered, shall be strictly confidential pursuant to the Medical Studies Act (Part 21 of Article VIII of the Code of Civil Procedure).(2) Within 24 hours following the commencement of the     suspension, the suspended individual or entity may deliver to the Department, by messenger, telefax, or other Department-approved electronic communication, a written response to the suspension order and copies of any written materials which the individual or entity feels are appropriate. All medical and patient-specific information, including Department findings with respect to the quality of care rendered, shall be strictly confidential pursuant to the Medical Studies Act.(3) Within 24 hours following receipt of the EMS     Medical Director's suspension order or the individual or entity's written response, whichever is later, the Director or the Director's designee shall determine whether the suspension should be stayed pending an opportunity for a hearing or review in accordance with this Act, or whether the suspension should continue during the course of that hearing or review.  The Director or the Director's designee shall issue this determination to the EMS Medical Director, who shall immediately notify the suspended individual or entity.  The suspension shall remain in effect during this period of review by the Director or the Director's designee.(d) Upon issuance of a suspension order for reasons directly related to
medical care, the EMS Medical Director shall also provide the individual or entity
with the opportunity for a hearing before the local System review board, in
accordance with subsection (f) and the rules promulgated by the Department.(1) If the local System review board affirms or     modifies the EMS Medical Director's suspension order, the individual or entity shall have the opportunity for a review of the local board's decision by the State EMS Disciplinary Review Board, pursuant to Section 3.45 of this Act.(2) If the local System review board reverses or     modifies the EMS Medical Director's suspension order, the EMS Medical Director shall have the opportunity for a review of the local board's decision by the State EMS Disciplinary Review Board, pursuant to Section 3.45 of this Act.(3) The suspended individual or entity may elect to     bypass the local System review board and seek direct review of the EMS Medical Director's suspension order by the State EMS Disciplinary Review Board.(e) The Resource Hospital shall designate a local System review board in
accordance with the rules of the Department, for the purpose of providing a
hearing to any individual or entity participating within the
System who is suspended from participation by the EMS Medical Director.  The
EMS Medical Director shall arrange for a certified shorthand reporter to make a
stenographic record of that hearing and thereafter prepare a transcript of the
proceedings.  The transcript, all documents or materials received as evidence
during the hearing and the local System review board's written decision shall
be retained in the custody of the EMS system.  The System shall implement a
decision of the local System review board unless that decision has been
appealed to the State Emergency Medical Services Disciplinary Review Board in
accordance with this Act and the rules of the Department.(f) The Resource Hospital shall implement a decision of the State Emergency
Medical Services Disciplinary Review Board which has been rendered in
accordance with this Act and the rules of the Department.
(Source: P.A. 100-201, eff. 8-18-17; 100-1082, eff. 8-24-19.) (210 ILCS 50/3.45)Sec. 3.45. State Emergency Medical Services Disciplinary
Review Board.(a) The Governor shall appoint a State Emergency
Medical Services Disciplinary Review Board, composed of an
EMS Medical Director, an EMS System Coordinator, a Paramedic, an Emergency
Medical Technician (EMT), and the following members,
who shall only review cases in which a party is from the
same professional category:  a Pre-Hospital Registered Nurse, a Pre-Hospital Advanced Practice Registered Nurse, a Pre-Hospital Physician Assistant, an ECRN, a
Trauma Nurse Specialist, an Emergency Medical
Technician-Intermediate (EMT-I), an Advanced Emergency Medical Technician (A-EMT), a representative from a
private vehicle service provider, a representative from a
public vehicle service provider, and an emergency physician
who monitors telecommunications from and gives voice orders
to EMS personnel.  The Governor shall also appoint one
alternate for each member of the Board, from the same
professional category as the member of the Board.(b) The members
shall be appointed for a term of 3 years.  All appointees
shall serve until their successors are appointed.  The
alternate members shall be appointed and serve in the same
fashion as the members of the Board.  If a member resigns
his or her appointment, the corresponding alternate shall serve the
remainder of that member's term until a subsequent member is
appointed by the Governor.(c) The function of the Board is to review and affirm,
reverse or modify disciplinary orders.(d) Any individual or entity, who received an immediate suspension from an EMS
Medical Director may request the Board to reverse or modify
the suspension order.  If the suspension had been affirmed
or modified by a local System review board, the suspended individual or entity
 may request the Board to reverse or modify the
local board's decision.(e) Any individual or entity who received a non-immediate suspension order
from an EMS Medical Director which was affirmed or modified
by a local System review board may request the Board to
reverse or modify the local board's decision.(f) An EMS Medical Director whose suspension order
was reversed or modified by a local System review board may
request the Board to reverse or modify the local board's
decision.(g) The Board shall meet on the first
Tuesday of every month, unless no requests for review have
been submitted.  Additional meetings of the Board shall be
scheduled to ensure that a request for direct
review of an immediate suspension order is scheduled within
14 days after the Department receives the request for review
or as soon thereafter as a quorum is available.  The Board
shall meet in Springfield or Chicago, whichever location is
closer to the majority of the members or alternates
attending the meeting.  The Department shall reimburse the
members and alternates of the Board for reasonable travel
expenses incurred in attending meetings of the Board.(h) A request for review shall be submitted in
writing to the Chief of the Department's Division of Emergency
Medical Services and Highway Safety, within 10 days after
receiving the local board's decision or the EMS Medical
Director's suspension order, whichever is applicable, a copy
of which shall be enclosed.(i) At its regularly scheduled meetings, the Board
shall review requests which have been received by the
Department at least 10 working days prior to the Board's
meeting date.  Requests for review which are received less
than 10 working days prior to a scheduled meeting shall be
considered at the Board's next scheduled meeting, except
that requests for direct review of an immediate suspension
order may be scheduled up to 3 working days prior to the
Board's meeting date.(j) A quorum shall be required for the Board to
meet, which shall consist of 3 members or alternates, including
the EMS Medical Director or alternate and the member or
alternate from the same professional category as the subject
of the suspension order.  At each meeting of the Board, the
members or alternates present shall select a Chairperson to
conduct the meeting.(k) Deliberations for decisions of the State EMS
Disciplinary Review
Board shall be conducted in closed session.  Department
staff may attend for the purpose of providing clerical
assistance, but no other persons may be in attendance except
for the parties to the dispute being reviewed by the Board
and their attorneys, unless by request of the Board.(l) The Board shall review the transcript,
evidence and written decision of the local review board or the
written decision and supporting documentation of the EMS
Medical Director, whichever is applicable, along with any
additional written or verbal testimony or argument offered
by the parties to the dispute.(m) At the conclusion of its review, the Board
shall issue its decision and the basis for its decision on a form
provided by the Department, and shall submit to the
Department its written decision together with the record of
the local System review board.  The Department shall
promptly issue a copy of the Board's decision to all
affected parties.  The Board's decision shall be binding on
all parties.
(Source: P.A. 100-1082, eff. 8-24-19.) (210 ILCS 50/3.50)Sec. 3.50. Emergency Medical Services personnel licensure levels.(a) "Emergency Medical Technician" or
"EMT" means a person who has successfully completed a course in basic life support
as approved by the
Department, is currently licensed by the Department in
accordance with standards prescribed by this Act and rules
adopted by the Department pursuant to this Act, and practices within an EMS
System. A valid Emergency Medical Technician-Basic (EMT-B) license issued under this Act shall continue to be valid and shall be recognized as an Emergency Medical Technician (EMT) license until the Emergency Medical Technician-Basic (EMT-B) license expires.(b) "Emergency Medical Technician-Intermediate"
or "EMT-I" means a person who has successfully completed a
course in intermediate life support
as approved
 by the Department, is currently licensed by the
Department in accordance with standards prescribed by this
Act and rules adopted by the Department pursuant to this
Act, and practices within an Intermediate or Advanced
Life Support EMS System.(b-5)   "Advanced Emergency Medical Technician" or "A-EMT" means a person who has successfully completed a course in basic and limited advanced emergency medical care as approved by the Department,  is currently licensed by the Department in accordance with standards prescribed by this Act and rules adopted by the Department pursuant to this Act, and practices within an Intermediate or Advanced Life Support EMS System.(c) "Paramedic (EMT-P)" means a person who
has successfully completed a
course in advanced life support care
as approved
 by the Department, is licensed by the Department
in accordance with standards prescribed by this Act and
rules adopted by the Department pursuant to this Act, and
practices within an Advanced Life Support EMS System. A valid Emergency Medical Technician-Paramedic (EMT-P) license issued under this Act shall continue to be valid and shall be recognized as a Paramedic license until the Emergency Medical Technician-Paramedic (EMT-P) license expires.(c-5) "Emergency Medical Responder" or "EMR (First Responder)" means a person who has successfully completed a course in emergency medical response as approved by the Department and provides emergency medical response services in accordance with the level of care established by the National EMS Educational Standards Emergency Medical Responder course as modified by the Department, or who provides services as part of an EMS System response plan, as approved by the Department, of that EMS System. The Department shall have the authority to adopt rules governing the curriculum, practice, and necessary equipment applicable to Emergency Medical Responders.On August 15, 2014 (the effective date of Public Act 98-973), a person who is licensed by the Department as a First Responder and has completed a Department-approved course in first responder defibrillator training based on, or equivalent to, the National EMS Educational Standards or other standards previously recognized by the Department shall be eligible for licensure as an Emergency Medical Responder upon meeting the licensure requirements and submitting an application to the Department. A valid First Responder license issued under this Act shall continue to be valid and shall be recognized as an Emergency Medical Responder license until the First Responder license expires.(c-10) All EMS Systems and licensees shall be fully compliant with the National EMS Education Standards, as modified by the Department in administrative rules, within 24 months after the adoption of the administrative rules.(d) The Department shall have the authority and
responsibility to:(1) Prescribe education and training requirements,     which includes training in the use of epinephrine, for all levels of EMS personnel except for EMRs, based on the National EMS Educational Standards and any modifications to those curricula specified by the Department through rules adopted pursuant to this Act.(2) Prescribe licensure testing requirements for all     levels of EMS personnel, which shall include a requirement that all phases of instruction, training, and field experience be completed before taking the appropriate licensure examination. Candidates may elect to take the appropriate National Registry examination in lieu of the Department's examination, but are responsible for making their own arrangements for taking the National Registry examination. In prescribing licensure testing requirements for honorably discharged members of the armed forces of the United States under this paragraph (2), the Department shall ensure that a candidate's military emergency medical training, emergency medical curriculum completed, and clinical experience, as described in paragraph (2.5), are recognized.(2.5) Review applications for EMS personnel licensure     from honorably discharged members of the armed forces of the United States with military emergency medical training. Applications shall be filed with the Department within one year after military discharge and shall contain: (i) proof of successful completion of military emergency medical training; (ii) a detailed description of the emergency medical curriculum completed; and (iii) a detailed description of the applicant's clinical experience. The Department may request additional and clarifying information. The Department shall evaluate the application, including the applicant's training and experience, consistent with the standards set forth under subsections (a), (b), (c), and (d) of Section 3.10. If the application clearly demonstrates that the training and experience meet such standards, the Department shall offer the applicant the opportunity to successfully complete a Department-approved EMS personnel examination for the level of license for which the applicant is qualified. Upon passage of an examination, the Department shall issue a license, which shall be subject to all provisions of this Act that are otherwise applicable to the level of EMS personnel license issued.(3) License individuals as an EMR, EMT, EMT-I, A-EMT,     or Paramedic who have met the Department's education, training and examination requirements.(4) Prescribe annual continuing education and     relicensure requirements for all EMS personnel licensure  levels.(5) Relicense individuals as an EMD, EMR, EMT, EMT-I,     A-EMT, PHRN, PHAPRN, PHPA, or Paramedic every 4 years, based on their compliance with continuing education and relicensure requirements as required by the Department pursuant to this Act. Every 4 years, a Paramedic shall have 100 hours of approved continuing education, an EMT-I and an advanced EMT shall have 80 hours of approved continuing education, and an EMT shall have 60 hours of approved continuing education. An Illinois licensed EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or PHRN whose license has been expired for less than 36 months may apply for reinstatement by the Department. Reinstatement shall require that the applicant (i) submit satisfactory proof of completion of continuing medical education and clinical requirements to be prescribed by the Department in an administrative rule; (ii) submit a positive recommendation from an Illinois EMS Medical Director attesting to the applicant's qualifications for retesting; and (iii) pass a Department approved test for the level of EMS personnel license sought to be reinstated.(6) Grant inactive status to any EMR, EMD, EMT,     EMT-I, A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who qualifies, based on standards and procedures established by the Department in rules adopted pursuant to this Act.(7) Charge a fee for EMS personnel examination,     licensure, and license renewal.(8) Suspend, revoke, or refuse to issue or renew the     license of any licensee, after an opportunity for an impartial hearing before a neutral administrative law judge appointed by the Director, where the preponderance of the evidence shows one or more of the following:(A) The licensee has not met continuing education         or relicensure requirements as prescribed by the Department;(B) The licensee has failed to maintain         proficiency in the level of skills for which he or she is licensed;(C) The licensee, during the provision of medical         services, engaged in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public;(D) The licensee has failed to maintain or has         violated standards of performance and conduct as prescribed by the Department in rules adopted pursuant to this Act or his or her EMS System's Program Plan;(E) The licensee is physically impaired to the         extent that he or she cannot physically perform the skills and functions for which he or she is licensed, as verified by a physician, unless the person is on inactive status pursuant to Department regulations;(F) The licensee is mentally impaired to the         extent that he or she cannot exercise the appropriate judgment, skill and safety for performing the functions for which he or she is licensed, as verified by a physician, unless the person is on inactive status pursuant to Department regulations;(G) The licensee has violated this Act or any         rule adopted by the Department pursuant to this Act; or(H)  The licensee has been convicted (or entered         a plea of guilty or nolo contendere) by a court of competent jurisdiction of a Class X, Class 1, or Class 2 felony in this State or an out-of-state equivalent offense.(9) Prescribe education and training requirements in     the administration and use of opioid antagonists for all levels of EMS personnel based on the National EMS Educational Standards and any modifications to those curricula specified by the Department through rules adopted pursuant to this Act.(d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who is a member of the Illinois National Guard or an Illinois State Trooper or who exclusively serves as a volunteer for units of local government with a population base of less than 5,000 or as a volunteer
for a not-for-profit organization that serves a service area
with a population base of less than 5,000 may submit an application to the Department for a waiver of the fees described under paragraph (7) of subsection (d) of this Section on a form prescribed by the Department.The education requirements prescribed by the Department under this Section must allow for the suspension of those requirements in the case of a member of the armed services or reserve forces of the United States or a member of the Illinois National Guard  who is on active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor at the time that the member would otherwise be required to fulfill a particular education requirement. Such a person must fulfill the education requirement within 6 months after his or her release from active duty.(e) In the event that any rule of the
Department or an EMS Medical Director that requires testing for drug
use as a condition of the applicable EMS personnel license conflicts with or
duplicates a provision of a collective bargaining agreement
that requires testing for drug use, that rule shall not
apply to any person covered by the collective bargaining
agreement.(f) At the time of applying for or renewing his or her license, an applicant for a license or license renewal may submit an email address to the Department. The Department shall keep the email address on file as a form of contact for the individual.  The Department shall send license renewal notices electronically and by mail to a licensee who provides the Department with his or her email address. The notices shall be sent at least 60 days prior to the expiration date of the license. (Source: P.A. 101-81, eff. 7-12-19; 101-153, eff. 1-1-20; 102-558, eff. 8-20-21; 102-623, eff. 8-27-21.) (210 ILCS 50/3.55)Sec. 3.55. Scope of practice.(a) Any person currently licensed as an EMR, EMT, EMT-I,
A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may perform emergency and non-emergency medical
services as defined in this Act, in accordance with his or her level of
education, training and licensure, the standards of
performance and conduct prescribed by the Department in
rules adopted pursuant to this Act, and the requirements of
the EMS System in which he or she practices, as contained in the
approved Program Plan for that System. The Director may, by written order, temporarily modify individual scopes of practice in response to public health emergencies for periods not exceeding 180 days.(a-5) EMS personnel who have successfully completed a Department approved
course in automated defibrillator operation and who are functioning within a
Department approved EMS System may utilize such automated defibrillator
according to the standards of performance and conduct prescribed by the
Department
in rules adopted pursuant to this Act and the requirements of the EMS System in
which they practice, as contained in the approved Program Plan for that
System.(a-7) An EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic
who has successfully completed a Department approved course in the
administration of epinephrine shall be required to carry epinephrine
with him or her as part of the EMS personnel medical supplies whenever
he or she is performing official duties as determined by the EMS System. The epinephrine may be administered  from a glass vial, auto-injector, ampule, or pre-filled syringe.(b) An EMR, EMT,
EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may practice as an EMR, EMT, EMT-I, A-EMT, or Paramedic or utilize his or her EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic license
in pre-hospital or inter-hospital emergency care settings or
non-emergency medical transport situations, under the
written or verbal direction of the EMS Medical Director.
For purposes of this Section, a "pre-hospital emergency care
setting" may include a location, that is not a health care
facility, which utilizes EMS personnel to render pre-hospital
emergency care prior to the arrival of a transport vehicle.
The location shall include communication equipment and all
of the portable equipment and drugs appropriate for the EMR, EMT, EMT-I, A-EMT, or Paramedic's
 level of care, as required by this Act, rules adopted
by the Department pursuant to this Act, and the protocols of
the EMS Systems, and shall operate only with the approval
and under the direction of the EMS Medical Director.This Section shall not prohibit an EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic
 from practicing within an emergency department or
other health care setting for the purpose of receiving
continuing education or training approved by the EMS Medical
Director.  This Section shall also not prohibit an EMT,
EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic from seeking credentials other than his or her EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic
license and utilizing such credentials to work in emergency
departments or other health care settings under the
jurisdiction of that employer.(c) An EMT,
EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may honor Do Not Resuscitate (DNR) orders and powers
of attorney for health care only in accordance with rules
adopted by the Department pursuant to this Act and protocols
of the EMS System in which he or she practices.(d) A student enrolled in a Department approved EMS personnel
 program, while fulfilling the
clinical training and in-field supervised experience
requirements mandated for licensure or approval by the
System and the Department, may perform prescribed procedures
under the direct supervision of a physician licensed to
practice medicine in all of its branches, a qualified
registered professional nurse, or qualified EMS personnel, only when
authorized by the EMS Medical Director.(e) An EMR, EMT, EMT-I, A-EMT, PHRN, PHAPRN, PHPA, or Paramedic may transport a police dog injured in the line of duty to a veterinary clinic or similar  facility if  there are no persons requiring medical attention or transport at that time. For the purposes of this subsection, "police dog" means a dog owned or used by a law enforcement department or agency in the course of the department or agency's work, including a search and rescue dog, service dog, accelerant detection canine, or other dog that is in use by a county, municipal, or State law enforcement agency.(f) Nothing in this Act shall be construed to prohibit an EMT, EMT-I, A-EMT, Paramedic, or PHRN  from completing an initial Occupational Safety and Health Administration Respirator Medical Evaluation Questionnaire on behalf of  fire service personnel, as permitted by his or her EMS System Medical Director. (Source: P.A. 102-79, eff. 1-1-22.) (210 ILCS 50/3.57)Sec. 3.57. Physician do-not-resuscitate orders and Department of Public Health Uniform POLST form. The Department of Public
Health
Uniform POLST form described in Section 2310-600 of the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois, or a copy of that form or a previous version of the uniform form, shall be honored under this
Act.
(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16.) (210 ILCS 50/3.60)Sec. 3.60. (Repealed).
	 
	 (Source: P.A. 97-1014, eff. 1-1-13. Repealed by P.A. 98-973, eff. 8-15-14.) (210 ILCS 50/3.65)Sec. 3.65. EMS Lead Instructor.(a) "EMS Lead Instructor" means a person who has
successfully completed a course of education as approved
by the Department, and who is currently approved by the
Department to coordinate or teach education, training
and continuing education courses, in accordance with
standards prescribed by this Act and rules adopted by the
Department pursuant to this Act.(b) The Department shall have the authority and
responsibility to:(1) Prescribe education requirements for EMS Lead     Instructor candidates through rules adopted pursuant to this Act.(2) Prescribe testing requirements for EMS Lead     Instructor candidates through rules adopted pursuant to this Act.(3) Charge each candidate for EMS Lead Instructor a     fee to be submitted with an application for an examination, an application for licensure, and an application for relicensure.(4) Approve individuals as EMS Lead Instructors who     have met the Department's education and testing requirements.(5) Require that all education, training and     continuing education courses for EMT, EMT-I, A-EMT, Paramedic, PHRN, PHPA, PHAPRN, ECRN, EMR, and Emergency Medical Dispatcher be coordinated by at least one approved EMS Lead Instructor.  A program which includes education, training or continuing education for more than one type of personnel may use one EMS Lead Instructor to coordinate the program, and a single EMS Lead Instructor may simultaneously coordinate more than one program or course.(6) Provide standards and procedures for awarding EMS     Lead Instructor approval to persons previously approved by the Department to coordinate such courses, based on qualifications prescribed by the Department through rules adopted pursuant to this Act.(7) Suspend, revoke, or refuse to issue or renew the     approval of an EMS Lead  Instructor, after an opportunity for a hearing, when findings show one or more of the following:(A) The EMS Lead Instructor has failed to conduct         a course in accordance with the curriculum prescribed by this Act and rules adopted by the Department pursuant to this Act; or(B) The EMS Lead Instructor has failed to comply         with protocols prescribed by the Department through rules adopted pursuant to this Act.(Source: P.A. 100-1082, eff. 8-24-19.) (210 ILCS 50/3.70)Sec. 3.70. Emergency Medical Dispatcher.(a) "Emergency Medical Dispatcher" means a person
who has successfully completed a training course in emergency medical
dispatching in accordance with rules
adopted by the Department pursuant to this Act, who accepts
calls from the public for emergency medical services and
dispatches designated emergency medical services personnel
and vehicles.  The Emergency Medical Dispatcher must use the
Department-approved
emergency medical dispatch priority reference system (EMDPRS) protocol
selected for use by its agency and approved by its EMS medical director.  This
protocol must be used by an emergency medical dispatcher in an emergency
medical dispatch agency to dispatch aid to medical emergencies which includes
systematized caller interrogation questions; systematized prearrival support
instructions; and systematized coding protocols that match the dispatcher's
evaluation of the injury or illness severity with the vehicle response mode and
vehicle response configuration and includes an appropriate training curriculum
and testing process consistent with the specific EMDPRS protocol used by the
emergency medical dispatch agency.  Prearrival support instructions shall
be provided in a non-discriminatory manner and shall be provided in accordance
with the EMDPRS established by the EMS medical director of the EMS system in
which the EMD operates. If the dispatcher
operates under the authority of an Emergency Telephone
System Board established under the Emergency Telephone
System Act, the protocols shall be established by such Board
in consultation with the EMS Medical Director.(b) The Department shall have the authority and
responsibility to:(1) Require licensure and relicensure of a person who     meets the training and other requirements as an emergency medical dispatcher pursuant to this Act.(2) Require licensure and relicensure of a person,     organization, or government agency that operates an emergency medical dispatch agency that meets the minimum standards prescribed by the Department for an emergency medical dispatch agency pursuant to this Act.(3) Prescribe minimum education and continuing     education requirements for the Emergency Medical Dispatcher, which meet standards specified by rules adopted pursuant to this Act.(4) Require each EMS Medical Director to report to     the Department whenever an action has taken place that may require the revocation or suspension of a license  issued by the Department.(5) Require each EMD to provide prearrival     instructions in compliance with protocols selected and approved by the system's EMS medical director and approved by the Department.(6) Require the Emergency Medical Dispatcher to keep     the Department currently informed as to the entity or agency that employs or supervises his activities as an Emergency Medical Dispatcher.(7) Establish an annual relicensure requirement that     requires medical dispatch-specific continuing education as prescribed by the Department through rules adopted pursuant to this Act.(8) Approve all EMDPRS protocols used by emergency     medical dispatch agencies to assure compliance with national standards.(9) Require that Department-approved emergency     medical dispatch training programs are conducted in accordance with national standards.(10) Require that the emergency medical dispatch     agency be operated in accordance with national standards, including, but not limited to, (i) the use on every request for medical assistance of an emergency medical dispatch priority reference system (EMDPRS) in accordance with Department-approved policies and procedures and (ii) under the approval and supervision of the EMS medical director, the establishment of a continuous quality improvement program.(11) Require that a person may not represent himself     or herself, nor may an agency or business represent an agent or employee of that agency or business, as an emergency medical dispatcher unless licensed by the Department as an emergency medical dispatcher.(12) Require that a person, organization, or     government agency not represent itself as an emergency medical dispatch agency unless the person, organization, or government agency is certified by the Department as an emergency medical dispatch agency.(13) Require that a person, organization, or     government agency may not offer or conduct a training course that is represented as a course for an emergency medical dispatcher unless the person, organization, or agency is approved by the Department to offer or conduct that course.(14) Require that Department-approved emergency     medical dispatcher training programs are conducted by instructors licensed by the Department who:(i) are, at a minimum, licensed as emergency         medical dispatchers;(ii) have completed a Department-approved course         on methods of instruction;(iii) have previous experience in a medical         dispatch agency; and(iv) have demonstrated experience as an EMS         instructor.(15) Establish criteria for modifying or waiving     Emergency Medical Dispatcher requirements based on (i) the scope and frequency of dispatch activities and the dispatcher's access to training or (ii) whether the previously-attended dispatcher training program merits automatic relicensure for the dispatcher.(16) Charge each Emergency Medical Dispatcher     applicant a fee for licensure and license renewal.(c) The Department shall have the authority to suspend, revoke, or refuse to issue or renew the license of an EMD when, after notice and the opportunity for an impartial hearing, the Department demonstrates that the licensee has violated this Act, violated the rules adopted by the Department, or failed to  comply with the applicable standard of care. (Source: P.A. 98-973, eff. 8-15-14.) (210 ILCS 50/3.75)Sec. 3.75. Trauma Nurse Specialist (TNS) licensure.(a) "Trauma Nurse Specialist" or "TNS"
means a registered professional nurse licensed under the Nurse Practice Act who has successfully completed supplemental
education and testing requirements as prescribed by the
Department, and is licensed by the Department in accordance
with rules adopted by the Department pursuant to this Act. For out-of-state facilities that have Illinois recognition under the EMS, trauma, or pediatric programs, the professional shall have an unencumbered registered nurse license in the state in which he or she practices. In this Section, the term "license" is used to reflect a change in terminology from "certification" to "license" only.(b) The Department shall have the authority and
responsibility to:(1) Establish criteria for TNS training sites,     through rules adopted pursuant to this Act;(2) Prescribe education and testing requirements for     TNS candidates, which shall include an opportunity for licensure  based on examination only, through rules adopted pursuant to this Act;(3) Charge each candidate for TNS licensure  a fee to     be submitted with an application for a licensure  examination, an application for licensure, and an application for relicensure;(4) License an individual as a TNS who has met the     Department's education and testing requirements;(5) Prescribe relicensure requirements through rules     adopted pursuant to this Act;(6) Relicense an individual as a TNS every 4 years,     based on compliance with relicensure  requirements;(7) Grant inactive status to any TNS who qualifies,     based on standards and procedures established by the Department in rules adopted pursuant to this Act; and(8) Suspend, revoke, or refuse to issue or renew the     license  of a TNS, after an opportunity for hearing by the Department, if findings show that the TNS has failed to maintain proficiency in the level of skills for which the TNS is licensed or has failed to comply with relicensure  requirements.(Source: P.A. 98-973, eff. 8-15-14.) (210 ILCS 50/3.80)Sec. 3.80. Pre-Hospital Registered Nurse, Pre-Hospital Advanced Practice Registered Nurse, Pre-Hospital Physician Assistant, and Emergency Communications Registered Nurse.(a) "Emergency Communications Registered Nurse" or
"ECRN" means a registered professional nurse licensed under
the Nurse Practice Act who
has
successfully completed supplemental education in accordance
with rules adopted by the Department, and who is approved by
an EMS Medical Director to monitor telecommunications from
and give voice orders to EMS System personnel, under the
authority of the EMS Medical Director and in accordance with
System protocols. For out-of-state facilities that have Illinois recognition under the EMS, trauma or pediatric programs, the professional shall have an unencumbered registered nurse license in the state in which he or she practices.  In this Section, the term "license" is used to reflect a change in terminology from "certification" to "license" only.(b) "Pre-Hospital Registered Nurse", "PHRN", or "Pre-Hospital RN" means a registered professional nurse licensed under
the Nurse Practice Act who has
successfully completed supplemental education in accordance
with rules adopted by the Department pursuant to this Act,
and who is approved by an EMS Medical Director to practice
within an Illinois EMS System as emergency medical services personnel
for pre-hospital and inter-hospital emergency care and
non-emergency medical transports. For out-of-state facilities that have Illinois recognition under the EMS, trauma or pediatric programs, the professional shall have an unencumbered registered nurse license in the state in which he or she practices. In this Section, the term "license" is used to reflect a change in terminology from "certification" to "license" only.(b-5) "Pre-Hospital Advanced Practice Registered Nurse", "PHAPRN", or "Pre-Hospital APRN" means an advanced practice registered nurse licensed under the Nurse Practice Act who has successfully completed supplemental education in accordance with rules adopted by the Department pursuant to this Act, and who has the approval of  an EMS Medical Director to practice within an Illinois EMS System as emergency medical services personnel for pre-hospital and inter-hospital emergency care and non-emergency medical transports. For out-of-state facilities that have Illinois recognition under the EMS, trauma or pediatric programs, the professional shall have an unencumbered advanced practice registered nurse license in the state in which he or she practices.(b-10) "Pre-Hospital Physician Assistant", "PHPA", or "Pre-Hospital PA" means a physician assistant licensed under the Physician Assistant Practice Act of 1987 who has successfully completed supplemental education in accordance with rules adopted by the Department pursuant to this Act, and who has the approval of  an EMS Medical Director to practice within an Illinois EMS System as emergency medical services personnel for pre-hospital and inter-hospital emergency care and non-emergency medical transports. For out-of-state facilities that have Illinois recognition under the EMS, trauma or pediatric programs, the professional shall have an unencumbered physician assistant license in the state in which he or she practices.(c) The Department shall have the authority and
responsibility to:(1) Prescribe or pre-approve education and continuing     education requirements for Pre-Hospital Registered Nurse, Pre-Hospital Advanced Practice Registered Nurse, Pre-Hospital Physician Assistant, and ECRN candidates through rules adopted pursuant to this Act:(A) Education for a Pre-Hospital Registered         Nurse, a Pre-Hospital Advanced Practice Registered Nurse, or a Pre-Hospital Physician Assistant shall include extrication, telecommunications, EMS System standing medical orders, the procedures and protocols established by the EMS Medical Director, and pre-hospital cardiac, medical, and trauma care;(B) Education for ECRN shall include         telecommunications, System standing medical orders and the procedures and protocols established by the EMS Medical Director;(C) A Pre-Hospital Registered Nurse, Pre-Hospital         Advanced Practice Registered Nurse, or Pre-Hospital Physician Assistant candidate who is fulfilling clinical training and in-field supervised experience requirements may perform prescribed procedures under the direct supervision of a physician licensed to practice medicine in all of its branches, a qualified registered professional nurse or a qualified EMT, only when authorized by the EMS Medical Director;(D) An EMS Medical Director may impose in-field         supervised field experience requirements on System ECRNs as part of their training or continuing education, in which they perform prescribed procedures under the direct supervision of a physician licensed to practice medicine in all of its branches, a qualified registered professional nurse, or qualified EMS personnel, only when authorized by the EMS Medical Director;(2) Require EMS Medical Directors to reapprove     Pre-Hospital Registered Nurses, Pre-Hospital Advanced Practice Registered Nurses, Pre-Hospital Physician Assistants, and ECRNs every 4 years, based on compliance with continuing education requirements prescribed by the Department through rules adopted pursuant to this Act;(3) Allow EMS Medical Directors to grant inactive EMS     System status to any Pre-Hospital Registered Nurse, Pre-Hospital Advanced Practice Registered Nurse, Pre-Hospital Physician Assistant, or ECRN who qualifies, based on standards and procedures established by the Department in rules adopted pursuant to this Act;(4) Require a Pre-Hospital Registered Nurse, a     Pre-Hospital Advanced Practice Registered Nurse, or a Pre-Hospital Physician Assistant to honor Do Not Resuscitate (DNR) orders and powers of attorney for health care only in accordance with rules adopted by the Department pursuant to this Act and protocols of the EMS System in which he or she practices;(5) Charge each Pre-Hospital Registered Nurse,     Pre-Hospital Advanced Practice Registered Nurse, Pre-Hospital Physician Assistant, and ECRN applicant a fee for licensure and relicensure.(d) The Department shall have the authority to suspend, revoke, or refuse to issue or renew a Department-issued PHRN, PHAPRN, PHPA, or ECRN license when, after notice and the opportunity for a hearing, the Department demonstrates that the licensee has violated this Act, violated the rules adopted by the Department, or failed to comply with the applicable standards of care. (Source: P.A. 100-1082, eff. 8-24-19.) (210 ILCS 50/3.85)Sec. 3.85. Vehicle Service Providers.(a) "Vehicle Service Provider" means an entity
licensed by the Department to provide emergency or
non-emergency medical services in compliance with this Act,
the rules promulgated by the Department pursuant to this
Act, and an operational plan approved by its EMS System(s),
utilizing at least ambulances or specialized emergency
medical service vehicles (SEMSV).(1) "Ambulance" means any publicly or privately owned     on-road vehicle that is specifically designed, constructed or modified and equipped, and is intended to be used for, and is maintained or operated for the emergency transportation of persons who are sick, injured, wounded or otherwise incapacitated or helpless, or the non-emergency medical transportation of persons who require the presence of medical personnel to monitor the individual's condition or medical apparatus being used on such individuals.(2) "Specialized Emergency Medical Services Vehicle"     or "SEMSV" means a vehicle or conveyance, other than those owned or operated by the federal government, that is primarily intended for use in transporting the sick or injured by means of air, water, or ground transportation, that is not an ambulance as defined in this Act.  The term includes watercraft, aircraft and special purpose ground transport vehicles or conveyances not intended for use on public roads.(3) An ambulance or SEMSV may also be designated as a     Limited Operation Vehicle or Special-Use Vehicle:(A) "Limited Operation Vehicle" means a vehicle         which is licensed by the Department to provide basic, intermediate or advanced life support emergency or non-emergency medical services that are exclusively limited to specific events or locales.(B) "Special-Use Vehicle" means any publicly or         privately owned vehicle that is specifically designed, constructed or modified and equipped, and is intended to be used for, and is maintained or operated solely for the emergency or non-emergency transportation of a specific medical class or category of persons who are sick, injured, wounded or otherwise incapacitated or helpless (e.g. high-risk obstetrical patients, neonatal patients).(C) "Reserve Ambulance" means a vehicle that         meets all criteria set forth in this Section and all Department rules, except for the required inventory of medical supplies and durable medical equipment, which may be rapidly transferred from a fully functional ambulance to a reserve ambulance without the use of tools or special mechanical expertise.(b) The Department shall have the authority and
responsibility to:(1) Require all Vehicle Service Providers, both     publicly and privately owned, to function within an EMS System.(2) Require a Vehicle Service Provider utilizing     ambulances to have a primary affiliation with an EMS System within the EMS Region in which its Primary Service Area is located, which is the geographic areas in which the provider renders the majority of its emergency responses.  This requirement shall not apply to Vehicle Service Providers which exclusively utilize Limited Operation Vehicles.(3) Establish licensing standards and requirements     for Vehicle Service Providers, through rules adopted pursuant to this Act, including but not limited to:(A) Vehicle design, specification, operation and         maintenance standards, including standards for the use of reserve ambulances;(B) Equipment requirements;(C) Staffing requirements; and(D) License renewal at intervals determined by         the Department, which shall be not less than every 4 years.The Department's standards and requirements with     respect to vehicle staffing for private, nonpublic local government employers must allow for alternative staffing models that include an EMR who drives an ambulance with a licensed EMT, EMT-I, A-EMT, Paramedic, or PHRN, as appropriate, in the patient compartment providing care to the patient pursuant to the approval of the EMS System Program Plan developed and approved by the EMS Medical Director for an EMS System. The Department shall monitor the implementation and performance of alternative staffing models and may issue a notice of termination of an alternative staffing model only upon evidence that an EMS System Program Plan is not being adhered to.An EMS System Program Plan for a Basic Life Support     transport utilizing an EMR and an EMT shall include the following:(A) Alternative staffing models for a Basic Life         Support transport utilizing an EMR and an EMT shall only be utilized for interfacility Basic Life Support transports and medical appointments, excluding any transport to or from a dialysis center.(B) Protocols that shall include dispatch         procedures to properly screen and assess patients for EMR-staffed and EMT-staffed Basic Life Support transport.(C)  A requirement that a provider shall         implement a quality assurance plan with mechanisms outlined to audit dispatch screening and the outcome of transports performed.(D) The EMT shall have at least one year of         experience in performance of pre-hospital emergency care.(E) The licensed  EMR must complete a defensive         driving course prior to participation in the Department's alternative staffing model.(F) The length of the EMS System Program Plan for         a Basic Life Support transport utilizing an EMR and an EMT shall be for one year, and must be renewed annually if proof of the criteria being met is submitted, validated, and approved by the EMS Medical Director for the EMS System and the Department.The Department must allow for an alternative rural     staffing model for those vehicle service providers that serve a rural or semi-rural population of 10,000 or fewer inhabitants and exclusively uses volunteers, paid-on-call, or a combination thereof.(4) License all Vehicle Service Providers that have     met the Department's requirements for licensure, unless such Provider is owned or licensed by the federal government.  All Provider licenses issued by the Department shall specify the level and type of each vehicle covered by the license (BLS, ILS, ALS, ambulance, SEMSV, limited operation vehicle, special use vehicle, reserve ambulance).(5) Annually inspect all licensed vehicles operated     by Vehicle Service Providers.(6) Suspend, revoke, refuse to issue or refuse to     renew the license of any Vehicle Service Provider, or that portion of a license pertaining to a specific vehicle operated by the Provider, after an opportunity for a hearing, when findings show that the Provider or one or more of its vehicles has failed to comply with the standards and requirements of this Act or rules adopted by the Department pursuant to this Act.(7) Issue an Emergency Suspension Order for any     Provider or vehicle licensed under this Act, when the Director or his designee has determined that an immediate and serious danger to the public health, safety and welfare exists.  Suspension or revocation proceedings which offer an opportunity for hearing shall be promptly initiated after the Emergency Suspension Order has been issued.(8) Exempt any licensed vehicle from subsequent     vehicle design standards or specifications required by the Department, as long as said vehicle is continuously in compliance with the vehicle design standards and specifications originally applicable to that vehicle, or until said vehicle's title of ownership is transferred.(9) Exempt any vehicle (except an SEMSV) which was     being used as an ambulance on or before December 15, 1980, from vehicle design standards and specifications required by the Department, until said vehicle's title of ownership is transferred.  Such vehicles shall not be exempt from all other licensing standards and requirements prescribed by the Department.(10) Prohibit any Vehicle Service Provider from     advertising, identifying its vehicles, or disseminating information in a false or misleading manner concerning the Provider's type and level of vehicles, location, primary service area, response times, level of personnel, licensure status or System participation.(10.5) Prohibit any Vehicle Service Provider, whether     municipal, private, or hospital-owned, from advertising itself as a critical care transport provider unless it participates in a Department-approved EMS System critical care transport plan.(11) Charge each Vehicle Service Provider a fee per     transport vehicle, due annually at time of inspection. The fee per transport vehicle shall be set by administrative rule by the Department and shall not exceed 100 vehicles per provider.(Source: P.A. 102-623, eff. 8-27-21.) (210 ILCS 50/3.86)Sec. 3.86. Stretcher van providers.(a) In this Section, "stretcher van provider" means an entity licensed by the Department to provide non-emergency transportation of passengers on a stretcher in compliance with this Act or the rules adopted by the Department pursuant to this Act, utilizing stretcher vans.(b) The Department has the authority and responsibility to do the following:(1) Require all stretcher van providers, both     publicly and privately owned, to be licensed by the Department.(2) Establish licensing and safety standards and     requirements for stretcher van providers, through rules adopted pursuant to this Act, including but not limited to:(A) Vehicle design, specification, operation, and         maintenance standards.(B) Safety equipment requirements and standards.(C) Staffing requirements.(D) Annual license renewal.(3) License all stretcher van providers that have met     the Department's requirements for licensure.(4) Annually inspect all licensed stretcher van     providers, and relicense providers that have met the Department's requirements for license renewal.(5) Suspend, revoke, refuse to issue, or refuse to     renew the license of any stretcher van provider, or that portion of a license pertaining to a specific vehicle operated by a provider, after an opportunity for a hearing, when findings show that the provider or one or more of its vehicles has failed to comply with the standards and requirements of this Act or the rules adopted by the Department pursuant to this Act.(6) Issue an emergency suspension order for any     provider or vehicle licensed under this Act when the Director or his or her designee has determined that an immediate or serious danger to the public health, safety, and welfare exists.  Suspension or revocation proceedings that offer an opportunity for a hearing shall be promptly initiated after the emergency suspension order has been issued.(7) Prohibit any stretcher van provider from     advertising, identifying its vehicles, or disseminating information in a false or misleading manner concerning the provider's type and level of vehicles, location, response times, level of personnel, licensure status, or EMS System participation.(8) Charge each stretcher van provider a fee, to be     submitted with each application for licensure and license renewal.(c) A stretcher van provider may provide transport of a passenger on a stretcher, provided the passenger meets all of the following requirements:(1) (Blank).(2) He or she needs no medical monitoring or clinical     observation.(3) He or she needs routine transportation to or from     a medical appointment or service if the passenger is convalescent or otherwise bed-confined and does not require clinical observation, aid, care, or treatment during transport.(d) A stretcher van provider may not transport a passenger who meets any of the following conditions:(1) He or she is being transported to a hospital for     emergency medical treatment.(2) He or she is experiencing an emergency medical     condition or needs active medical monitoring, including isolation precautions, supplemental oxygen that is not self-administered, continuous airway management, suctioning during transport, or the administration of intravenous fluids during transport.(e) The Stretcher Van Licensure Fund is created as a special fund within the State treasury. All fees received by the Department in connection with the licensure of stretcher van providers under this Section shall be deposited into the fund. Moneys in the fund shall be subject to appropriation to the Department for use in implementing this Section. 
(Source: P.A. 96-702, eff. 8-25-09; 96-1469, eff. 1-1-11; 97-689, eff. 6-14-12.) (210 ILCS 50/3.87)Sec. 3.87. Ambulance service provider and vehicle service provider upgrades; rural population.(a) In this Section, "rural ambulance service provider" means an ambulance service provider licensed under this Act that serves a rural population of 7,500 or fewer inhabitants.In this Section, "rural vehicle service provider" means an entity that serves a rural population of 7,500 or fewer inhabitants and is licensed by the Department to provide emergency or non-emergency medical services in compliance with this Act, the rules adopted by the Department pursuant to this Act, and an operational plan approved by the entity's EMS System, utilizing at least an ambulance, alternate response vehicle as defined by the Department in rules, or specialized emergency medical services vehicle.(b) A rural ambulance service provider or rural vehicle service provider may submit a proposal to the EMS System Medical Director requesting approval of either or both of the following:(1) Rural ambulance service provider or rural vehicle     service provider in-field service level upgrade.(A) An ambulance operated by a rural ambulance         service provider or a specialized emergency medical services vehicle or alternate response vehicle operated by a rural vehicle service provider may be upgraded, as defined by the EMS System Medical Director in a policy or procedure, as long as the EMS System Medical Director and the Department have approved the proposal, to the highest level of EMT license (advanced life support/paramedic, intermediate life support, or basic life support) or Pre-Hospital APRN, Pre-Hospital PA, or Pre-Hospital RN license held by any person staffing that ambulance, specialized emergency medical services vehicle, or alternate response vehicle. The ambulance service provider's or rural vehicle service provider's proposal for an upgrade must include all of the following:(i) The manner in which the provider will             secure and store advanced life support equipment, supplies, and medications.(ii) The type of quality assurance the             provider will perform.(iii) An assurance that the provider will             advertise only the level of care that can be provided 24 hours a day.(iv) A statement that the provider will have             that vehicle inspected by the Department annually.(B) If a rural ambulance service provider or         rural vehicle service provider is approved to provide an in-field service level upgrade based on the licensed personnel on the vehicle, all the advanced life support medical supplies, durable medical equipment, and medications must be environmentally controlled, secured, and locked with access by only the personnel who have been authorized by the EMS System Medical Director to utilize those supplies.(C) The EMS System shall routinely perform         quality assurance, in compliance with the EMS System's quality assurance plan approved by the Department, on in-field service level upgrades authorized under this Section to ensure compliance with the EMS System plan.(2) Rural ambulance service provider or rural vehicle     service provider in-field service level upgrade. The EMS System Medical Director may define what constitutes an in-field service level upgrade through an EMS System policy or procedure. An in-field service level upgrade may include, but need not be limited to, an upgrade to a licensed ambulance, alternate response vehicle, or specialized emergency medical services vehicle.(c) If the EMS System Medical Director approves a proposal for a rural in-field service level upgrade under this Section, he or she shall submit the proposal to the Department along with a statement of approval signed by him or her.  Once the Department has approved the proposal, the rural ambulance service provider or rural vehicle service provider will be authorized to function at the highest level of EMT license (advanced life support/paramedic, intermediate life support, or basic life support) or Pre-Hospital RN, Pre-Hospital APRN, or Pre-Hospital PA license held by any person staffing the vehicle.
(Source: P.A. 99-78, eff. 7-20-15; 100-1082, eff. 8-24-19.) (210 ILCS 50/3.88)Sec. 3.88. Ambulance assistance vehicle provider upgrades.(a) As used in this Section:"Ambulance assistance vehicle" has the meaning provided under 77 Ill. Adm. Code 515.825 and includes, but is not limited to, fire apparatus and fire department vehicles."Ambulance assistance vehicle provider" or "provider" means a provider of ambulance assistance vehicles that is licensed under this Act and serves a population within the State.(b) An ambulance assistance vehicle provider may submit a proposal to the EMS Medical Director requesting approval of an ambulance assistance vehicle provider in-field service level upgrade.(1) An ambulance assistance vehicle provider may be     upgraded, as defined by the EMS Medical Director in a policy or procedure, as long as the EMS Medical Director and the Department have approved the proposal, to the highest level of EMT license (advanced life support/paramedic, intermediate life support, or basic life support) or Pre-Hospital RN certification held by any person staffing that provider's ambulance assistance vehicle. The ambulance assistance vehicle provider's proposal for an upgrade must include all of the following:(A) The manner in which the provider will secure         and store advanced life support equipment, supplies, and medications.(B) The type of quality assurance the provider         will perform.(C) An assurance that the provider will advertise         only the level of care that can be provided 24 hours a day.(D) A statement that the provider will have that         vehicle inspected by the Department annually.(2) If an ambulance assistance vehicle provider is     approved to provide an in-field service level upgrade based on the licensed personnel on the vehicle, all the advanced life support medical supplies, durable medical equipment, and medications must be environmentally controlled, secured, and locked with access by only the personnel who have been authorized by the EMS Medical Director to utilize those supplies.(3) The EMS System shall routinely perform quality     assurance, in compliance with the EMS System's quality assurance plan approved by the Department, on in-field service level upgrades authorized under this Section to ensure compliance with the EMS System plan.The EMS Medical Director may define what constitutes an in-field service level upgrade through an EMS System policy or procedure. An in-field service level upgrade may include, but need not be limited to, an upgrade to a licensed ambulance, alternate response vehicle, or specialized emergency medical services vehicle.(c) If the EMS Medical Director approves a proposal for an ambulance assistance vehicle provider's in-field service level upgrade under this Section, he or she shall submit the proposal to the Department along with a statement of approval signed by him or her. Once the Department has approved the proposal, the ambulance assistance vehicle provider shall be authorized to function at the highest level of EMT license (advanced life support/paramedic, intermediate life support, or basic life support) or Pre-Hospital RN certification held by any person staffing the provider's ambulance assistance vehicle.(d) Nothing in this Section shall allow for the approval of a request to downgrade the service level licensure for an ambulance assistance vehicle provider. 
(Source: P.A. 100-255, eff. 8-22-17.) (210 ILCS 50/3.89)Sec. 3.89. Rural populations; credential exception.(a) In a rural population of 5,000 or fewer inhabitants, each EMS System Medical Director may create an exception to the credentialing process to allow registered nurses, physician assistants, and advanced practice registered nurses to apply to serve as volunteers who perform the same work as EMTs. As part of the volunteer recognition process, EMS Systems shall ensure that registered nurses, physician assistants, and advanced practice registered nurses have an active license issued by the Department of Financial and Professional Regulation. This system-level recognition shall require documentation and proof of the completion of at least 20 hours of prehospital care-specific coursework approved by the Department of Public Health, including, but
not limited to, airway management, ambulance operation, ambulance equipment,
extrication, telecommunication, prehospital cardiac and
trauma care, and 8 hours of observant riding time. Each EMS System Medical Director who creates an exception to the credentialing process under this Section may require additional training or documentation and may reject a volunteer applicant under this Section for just cause. Each exemption period shall be no longer than one year, after which time a volunteer applicant may apply for another exemption under this Section. Each EMS System Medical Director is responsible
for ensuring that volunteer applicants meet EMS System requirements for
credentialing and authorizing the practice in accordance with
the EMS System plan for basic life support. Exceptions to the credentialing process under this Section are only allowable for volunteer EMS agencies in Illinois.(b) The Department of Public Health may adopt rules to implement this Section.
(Source: P.A. 102-450, eff. 1-1-22.) (210 ILCS 50/3.90)Sec. 3.90. 
		Trauma Center Designations.(a) "Trauma Center" means a hospital which:  (1)
within designated capabilities provides optimal care to
trauma patients; (2) participates in an approved EMS System;
and (3) is duly designated pursuant to the provisions of
this Act.   Level I Trauma Centers shall provide all
essential services in-house, 24 hours per day, in accordance
with rules adopted by the Department pursuant to this Act.
Level II Trauma Centers shall have some essential services
available in-house, 24 hours per day, and other essential
services readily available, 24 hours per day, in accordance
with rules adopted by the Department pursuant to this Act.(b) The Department shall have the authority and
responsibility to:(1) Establish minimum standards for designation as a     Level I or Level II Trauma Center, consistent with Sections 22 and 23 of this Act, through rules adopted pursuant to this Act;(2) Require hospitals applying for trauma center     designation to submit a plan for designation in a manner and form prescribed by the Department through rules adopted pursuant to this Act;(3) Upon receipt of a completed plan for designation,     conduct a site visit to inspect the hospital for compliance with the Department's minimum standards. Such visit shall be conducted by specially qualified personnel with experience in the delivery of emergency medical and/or trauma care.  A report of the inspection shall be provided to the Director within 30 days of the completion of the site visit.  The report shall note compliance or lack of compliance with the individual standards for designation, but shall not offer a recommendation on granting or denying designation;(4) Designate applicant hospitals as Level I or      Level II Trauma Centers which meet the minimum standards established by this Act and the Department.  Beginning September 1, 1997 the Department shall designate a new trauma center only when a local or regional need for such trauma center has been identified.  The Department shall request an assessment of local or regional need from the applicable EMS Region's Trauma Center Medical Directors Committee, with advice from the Regional Trauma Advisory Committee. This shall not be construed as a needs assessment for health planning or other purposes outside of this Act;(5) Attempt to designate trauma centers in all areas     of the State.  There shall be at least one Level I Trauma Center serving each EMS Region, unless waived by the Department.  This subsection shall not be construed to require a Level I Trauma Center to be located in each EMS Region.  Level I Trauma Centers shall serve as resources for the Level II Trauma Centers in the EMS Regions.  The extent of such relationships shall be defined in the EMS Region Plan;(6) Inspect designated trauma centers to assure     compliance with the provisions of this Act and the rules adopted pursuant to this Act.  Information received by the Department through filed reports, inspection, or as otherwise authorized under this Act shall not be disclosed publicly in such a manner as to identify individuals or hospitals, except in proceedings involving the denial, suspension or revocation of a trauma center designation or imposition of a fine on a trauma center;(7) Renew trauma center designations every 2 years,     after an on-site inspection, based on compliance with renewal requirements and standards for continuing operation, as prescribed by the Department through rules adopted pursuant to this Act;(8) Refuse to issue or renew a trauma center     designation, after providing an opportunity for a hearing, when findings show that it does not meet the standards and criteria prescribed by the Department;(9) Review and determine whether a trauma center's     annual morbidity and mortality rates for trauma patients significantly exceed the State average for such rates, using a uniform recording methodology based on nationally recognized standards.  Such determination shall be considered as a factor in any decision by the Department to renew or refuse to renew a trauma center designation under this Act, but shall not constitute the sole basis for refusing to renew a trauma center designation;(10) Take the following action, as appropriate, after     determining that a trauma center is in violation of this Act or any rule adopted pursuant to this Act:(A) If the Director determines that the violation         presents a substantial probability that death or serious physical harm will result and if the trauma center fails to eliminate the violation immediately or within a fixed period of time, not exceeding 10 days, as determined by the Director, the Director may immediately revoke the trauma center designation.  The trauma center may appeal the revocation within 15 days after receiving the Director's revocation order, by requesting a hearing as provided by Section 29 of this Act.  The Director shall notify the chair of the Region's Trauma Center Medical Directors Committee and EMS Medical Directors for appropriate EMS Systems of such trauma center designation revocation;(B) If the Director determines that the violation         does not present a substantial probability that death or serious physical harm will result, the Director shall issue a notice of violation and request a plan of correction which shall be subject to the Department's approval.  The trauma center shall have 10 days after receipt of the notice of violation in which to submit a plan of correction.  The Department may extend this period for up to 30 days.  The plan shall include a fixed time period not in excess of 90 days within which violations are to be corrected.  The plan of correction and the status of its implementation by the trauma center shall be provided, as appropriate, to the EMS Medical Directors for appropriate EMS Systems.  If the Department rejects a plan of correction, it shall send notice of the rejection and the reason for the rejection to the trauma center.  The trauma center shall have 10 days after receipt of the notice of rejection in which to submit a modified plan.  If the modified plan is not timely submitted, or if the modified plan is rejected, the trauma center shall follow an approved plan of correction imposed by the Department.  If, after notice and opportunity for hearing, the Director determines that a trauma center has failed to comply with an approved plan of correction, the Director may revoke the trauma center designation.  The trauma center shall have 15 days after receiving the Director's notice in which to request a hearing.  Such hearing shall conform to the provisions of Section 30 of this Act;(11) The Department may delegate authority to local     health departments in jurisdictions which include a substantial number of trauma centers.  The delegated authority to those local health departments shall include, but is not limited to, the authority to designate trauma centers with final approval by the Department, maintain a regional data base with concomitant reporting of trauma registry data, and monitor, inspect and investigate trauma centers within their jurisdiction, in accordance with the requirements of this Act and the rules promulgated by the Department;(A) The Department shall monitor the performance         of local health departments with authority delegated pursuant to this Section, based upon performance criteria established in rules promulgated by the Department;(B) Delegated authority may be revoked for         substantial non-compliance with the Department's rules. Notice of an intent to revoke shall be served upon the local health department by certified mail, stating the reasons for revocation and offering an opportunity for an administrative hearing to contest the proposed revocation.  The request for a hearing must be received by the Department within 10 working days of the local health department's receipt of notification;(C) The director of a local health department may         relinquish its delegated authority upon 60 days written notification to the Director of Public Health.		(Source: P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/3.95)Sec. 3.95. 
		Level I Trauma Center Minimum Standards. 
		The Department shall establish, through rules adopted
pursuant to this Act, standards for Level I Trauma Centers
which shall include, but need not be limited to:(a) The designation by the trauma center of a
Trauma Center Medical Director and specification of his
qualifications;(b) The types of surgical services the trauma
center must have available for trauma patients, including but not
limited to a twenty-four hour in-house surgeon with
operating privileges and ancillary staff necessary for
immediate surgical intervention;(c) The types of nonsurgical services the trauma
center must have available for trauma patients;(d) The numbers and qualifications of emergency
medical personnel;(e) The types of equipment that must be available
to trauma patients;(f) Requiring the trauma center to be affiliated
with an EMS System;(g) Requiring the trauma center to have a
communications system that is fully integrated with all
Level II Trauma Centers and EMS Systems with which it is
affiliated;(h) The types of data the trauma center must
collect and submit to the Department relating to the trauma services
it provides.  Such data may include information on
post-trauma care directly related to the initial traumatic
injury provided to trauma patients until their discharge
from the facility and information on discharge plans;(i) Requiring the trauma center to have helicopter
landing capabilities approved by appropriate State and
federal authorities, if the trauma center is located within
a municipality having a population of less than two million
people; and(j) Requiring written agreements with Level II
Trauma Centers in the EMS Regions it serves, executed within a
reasonable time designated by the Department.
		(Source: P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/3.100)Sec. 3.100. 
		Level II Trauma Center Minimum Standards. 
		The Department shall establish, through rules adopted
pursuant to this Act, standards for Level II Trauma Centers
which shall include, but need not be limited to:(a) The designation by the trauma center of a
Trauma Center Medical Director and specification of his
qualifications;(b) The types of surgical services the trauma
center must have available for trauma patients.  The Department
shall not require the availability of all surgical services
required of Level I Trauma Centers;(c) The types of nonsurgical services the trauma
center must have available for trauma patients;(d) The numbers and qualifications of emergency
medical personnel, taking into consideration the more
limited trauma services available in a Level II Trauma
Center;(e) The types of equipment that must be available
for trauma patients;(f) Requiring the trauma center to have a written
agreement with a Level I Trauma Center serving the EMS
Region outlining their respective responsibilities in
providing trauma services, executed within a reasonable time
designated by the Department, unless the requirement for a
Level I Trauma Center to serve that EMS Region has been
waived by the Department;(g) Requiring the trauma center to be affiliated
with an EMS System;(h) Requiring the trauma center to have a
communications system that is fully integrated with the
Level I Trauma Centers and the EMS Systems with which it is
affiliated;(i) The types of data the trauma center must
collect and submit to the Department relating to the trauma services
it provides.  Such data may include information on
post-trauma care directly related to the initial traumatic
injury provided to trauma patients until their discharge
from the facility and information on discharge plans;(j) Requiring the trauma center to have helicopter
landing capabilities approved by appropriate State and
federal authorities, if the trauma center is located within
a municipality having a population of less than two million
people.
		(Source: P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/3.105)Sec. 3.105. 
		Trauma Center Misrepresentation. 
		After the effective date of
this amendatory Act of 1995, no facility shall use the phrase "trauma center"
or words of similar meaning in relation to itself or hold itself out as a
trauma center without first obtaining designation pursuant to this Act.
		(Source: P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/3.110)Sec. 3.110. 
		EMS system and trauma center confidentiality and immunity.(a) All information contained in or relating to
any medical audit performed of a trauma center's trauma
services pursuant to this Act or by an EMS Medical Director
or his designee of medical care rendered by System
personnel, shall be afforded the same status as is provided
information concerning medical studies in Article VIII,
Part 21 of the Code of Civil Procedure.
Disclosure of such information to the Department pursuant to
this Act shall not be considered a violation of Article
VIII, Part 21 of the Code of Civil Procedure.(b) Hospitals, trauma centers and individuals that
perform or participate in medical audits pursuant to this
Act shall be immune from civil liability to the same extent
as provided in Section 10.2 of the Hospital Licensing Act.(c) All information relating to the State Emergency Medical Services
Disciplinary Review Board or a local review board, except final decisions,
shall be afforded the same status as is provided information concerning medical
studies in Article VIII, Part 21 of the Code of Civil Procedure.  Disclosure of
such information to the Department pursuant to this Act shall not be
considered a violation of Article VIII, Part 21 of the Code of Civil Procedure.
		(Source: P.A. 92-651, eff. 7-11-02.) (210 ILCS 50/3.115)Sec. 3.115. 
		Pediatric Trauma. 
		Upon the availability of federal funds
for pediatric care demonstration projects, the Department shall:(a) Convene a work group which will be charged
with conducting a needs assessment of pediatric trauma care and
with developing strategies to correct areas of need;(b) Contract with the University of Illinois
School of Public Health to develop a secondary prevention program for
parents;(c) Contract with an Illinois medical school to
develop training and continuing medical education programs
for physicians and nurses in treatment of pediatric trauma;(d) Contract with an Illinois medical school to
develop and test triage and field scoring for pediatric
trauma if the needs assessment by the work group indicates
that current scoring is inadequate;(e) Support existing pediatric trauma programs and
assist in establishing new pediatric trauma programs
throughout the State;(f) Provide grants to EMS systems for special
pediatric equipment for prehospital care based on needs
identified by the work group; and(g) Provide grants to EMS systems and trauma
centers for specialized training in pediatric trauma based on needs
identified by the work group.
		(Source: P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/3.116)Sec. 3.116. Hospital Stroke Care; definitions. As used in Sections 3.116 through 3.119, 3.130, 3.200, and 3.226 of this Act:"Acute Stroke-Ready Hospital"  means a hospital that has been designated by the Department as meeting the criteria for providing emergent stroke care. Designation may be provided after a hospital has been certified or through application and designation as such."Certification" or "certified" means certification, using evidence-based standards, from a nationally recognized certifying body approved by the Department."Comprehensive Stroke Center" means a hospital that has been certified and has been designated as such."Designation" or "designated" means the Department's recognition of a hospital as a Comprehensive Stroke Center, Primary Stroke Center, or Acute Stroke-Ready Hospital."Emergent stroke care" is emergency medical care that includes diagnosis and emergency medical treatment of acute stroke patients."Emergent Stroke Ready Hospital"  means a hospital that has been designated by the Department as meeting the criteria for providing emergent stroke care."Primary Stroke Center"  means a hospital that has been certified by a Department-approved, nationally recognized certifying body and designated as such by the Department."Regional Stroke Advisory Subcommittee" means a subcommittee formed within each Regional EMS Advisory Committee to advise the Director and the Region's EMS Medical Directors Committee on the triage, treatment, and transport of possible acute stroke patients and to select the Region's representative to the State Stroke Advisory Subcommittee. At minimum, the Regional Stroke Advisory Subcommittee shall consist of: one representative from the EMS Medical Directors Committee; one EMS coordinator from a Resource Hospital; one administrative representative or his or her designee from each level of stroke care, including Comprehensive Stroke Centers within the Region, if any, Primary Stroke Centers within the Region, if any, and Acute Stroke-Ready Hospitals within the Region, if any; one physician from each level of stroke care, including one physician who is a neurologist or who provides advanced stroke care at a Comprehensive Stroke Center in the Region, if any, one physician who is a neurologist or who provides acute stroke care at a Primary Stroke Center in the Region, if any, and one physician who provides acute stroke care at an Acute Stroke-Ready Hospital in the Region, if any; one nurse practicing in each level of stroke care, including one nurse from a Comprehensive Stroke Center in the Region, if any, one nurse from a Primary Stroke Center in the Region, if any, and one nurse from an Acute Stroke-Ready Hospital in the Region, if any; one representative from both a public and a private vehicle service provider that transports possible acute stroke patients within the Region; the State-designated regional EMS Coordinator; and a fire chief or his or her  designee from the EMS Region, if the Region serves a population of more than 2,000,000.  The Regional Stroke Advisory Subcommittee shall establish bylaws to ensure equal membership that rotates and clearly delineates committee responsibilities and structure.  Of the members first appointed, one-third shall be appointed for a term of one year, one-third shall be appointed for a term of 2 years, and the remaining members shall be appointed for a term of 3 years.  The terms of subsequent appointees shall be 3 years."State Stroke Advisory Subcommittee" means a standing advisory body within the State Emergency Medical Services Advisory Council.
(Source: P.A. 102-687, eff. 12-17-21.) (210 ILCS 50/3.117)Sec. 3.117. Hospital designations.(a)   The Department shall attempt to designate Primary Stroke Centers  in all areas of the State.(1) The Department shall designate as many certified     Primary Stroke Centers as apply for that designation provided they are certified by a nationally recognized certifying body, approved by the Department, and certification criteria are consistent with the most current nationally recognized, evidence-based stroke guidelines related to reducing the occurrence, disabilities, and death associated with stroke.(2)   A hospital certified as a Primary Stroke Center     by a nationally recognized certifying body approved by the Department, shall send a copy of the Certificate and annual fee to the Department and shall be deemed, within 30 business days of its receipt by the Department, to be a State-designated Primary Stroke Center.(3) A center designated as a Primary Stroke Center     shall pay an annual fee as determined by the Department that shall be no less than $100 and no greater than $500. All fees shall be deposited into the Stroke Data Collection Fund.(3.5)  With respect to a hospital that is a     designated Primary Stroke Center, the Department shall have the authority and responsibility to do the following:(A) Suspend or revoke a hospital's Primary Stroke         Center designation upon receiving notice that the hospital's Primary Stroke Center certification has lapsed or has been revoked by the State recognized certifying body.(B) Suspend a hospital's Primary Stroke Center         designation, in extreme circumstances where patients may be at risk for immediate harm or death, until such time as the certifying body investigates and makes a final determination regarding certification.(C)  Restore any previously suspended or revoked         Department designation upon notice to the Department that  the certifying body has confirmed or restored the Primary Stroke Center certification of that previously designated hospital.(D) Suspend a hospital's Primary Stroke Center         designation at the request of a hospital seeking to suspend its own Department designation.(4)   Primary Stroke Center designation shall remain     valid at all times while the hospital maintains its certification as a Primary Stroke Center, in good standing, with the certifying body. The duration of a Primary Stroke Center designation shall coincide with the duration of its Primary Stroke Center certification. Each designated Primary Stroke Center shall have its designation automatically renewed upon the Department's receipt of a copy of the accrediting body's certification renewal.(5)   A hospital that no longer meets nationally     recognized, evidence-based standards for Primary Stroke Centers, or loses its Primary Stroke Center certification, shall notify the Department and the Regional EMS Advisory Committee within 5 business days.(a-5) The Department shall attempt to designate Comprehensive Stroke Centers in all areas of the State.(1) The Department shall designate as many certified     Comprehensive Stroke Centers as apply for that designation, provided that the Comprehensive Stroke Centers are certified by a nationally recognized certifying body approved by the Department, and provided  that the certifying body's certification criteria are consistent with the most current nationally recognized and evidence-based stroke guidelines for reducing the occurrence of stroke and the  disabilities and death associated with stroke.(2) A hospital certified as a Comprehensive Stroke     Center shall send a copy of the Certificate and annual fee to the Department and shall be deemed, within 30 business days of its receipt by the Department, to be a State-designated Comprehensive Stroke Center.(3) A hospital designated as a Comprehensive Stroke     Center shall pay an annual fee as determined by the Department that shall be no less than $100 and no greater than $500. All fees shall be deposited into the Stroke Data Collection Fund.(4) With respect to a hospital that is a designated     Comprehensive  Stroke Center, the Department shall have the authority and responsibility to do the following:(A) Suspend or revoke the hospital's         Comprehensive Stroke Center designation upon receiving notice that the hospital's Comprehensive Stroke Center certification has lapsed or has been revoked by the State recognized certifying body.(B) Suspend the hospital's Comprehensive Stroke         Center designation, in extreme circumstances in which  patients may be at risk for immediate harm or death, until such time as the certifying body investigates and makes a final determination regarding certification.(C) Restore any previously suspended or revoked         Department designation upon notice to the Department that the certifying body has confirmed or restored the Comprehensive Stroke Center certification of that previously designated hospital.(D) Suspend the hospital's Comprehensive Stroke         Center designation at the request of a hospital seeking to suspend its own Department designation.(5) Comprehensive Stroke Center designation shall     remain valid at all times while the hospital maintains its certification as a Comprehensive Stroke Center, in good standing, with the certifying body. The duration of a Comprehensive Stroke Center designation shall coincide with the duration of its Comprehensive Stroke Center certification. Each designated Comprehensive Stroke Center shall have its designation automatically renewed upon the Department's receipt of a copy of the certifying body's certification renewal.(6) A hospital that no longer meets nationally     recognized, evidence-based standards for Comprehensive Stroke Centers, or loses its Comprehensive Stroke Center certification, shall notify the Department and the Regional EMS Advisory Committee within 5 business days.(b)  Beginning on  the first day of the month that begins 12 months after the adoption of rules  authorized by this subsection, the Department shall attempt to designate hospitals as Acute Stroke-Ready Hospitals in all areas of the State. Designation may be approved by the Department after a hospital has been certified   as an Acute Stroke-Ready Hospital or through application and designation by the Department. For any hospital that is designated as an Emergent Stroke Ready Hospital at the time that the Department begins the designation of Acute Stroke-Ready Hospitals, the Emergent Stroke Ready designation shall remain intact for the duration of the 12-month period until that designation expires.  Until the Department begins the designation of hospitals as Acute Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke Ready Hospital designation utilizing the processes and criteria provided in Public Act 96-514.(1) (Blank).(2)  Hospitals may apply for, and receive, Acute     Stroke-Ready Hospital designation from the Department, provided that the hospital attests, on a form developed by the Department in consultation with the State Stroke Advisory Subcommittee, that it meets, and will continue to meet, the criteria for Acute Stroke-Ready Hospital designation and pays an annual fee.A hospital designated as an Acute Stroke-Ready     Hospital shall pay an annual fee as determined by the Department that shall be no less than $100 and no greater than $500. All fees shall be deposited into the Stroke Data Collection Fund.(2.5) A hospital may apply for, and receive, Acute     Stroke-Ready Hospital designation from the Department, provided that the hospital provides proof of current Acute Stroke-Ready Hospital certification and the hospital pays an annual fee.(A) Acute Stroke-Ready Hospital designation shall         remain valid at all times while the hospital maintains its certification as an Acute Stroke-Ready Hospital, in good standing, with the certifying body.(B) The duration of an Acute Stroke-Ready         Hospital designation shall coincide with the duration of its Acute Stroke-Ready Hospital certification.(C) Each designated Acute Stroke-Ready Hospital         shall have its designation automatically renewed upon the Department's receipt of a copy of the certifying body's certification renewal and Application for Stroke Center Designation form.(D) A hospital must submit a copy of its         certification renewal from the certifying body as soon as practical but no later than 30 business days after that certification is received by the hospital. Upon the Department's receipt of the renewal certification, the Department shall renew the hospital's Acute Stroke-Ready Hospital designation.(E) A hospital designated as an Acute         Stroke-Ready Hospital shall pay an annual fee as determined by the Department that shall be no less than $100 and no greater than $500. All fees shall be deposited into the Stroke Data Collection Fund.(3) Hospitals seeking Acute Stroke-Ready Hospital     designation that do not have certification shall develop policies and procedures that are consistent with nationally recognized, evidence-based protocols for the provision of emergent stroke care. Hospital policies relating to emergent stroke care and stroke patient outcomes shall be reviewed at least annually, or more often as needed, by a hospital committee that oversees quality improvement. Adjustments shall be made as necessary to advance the quality of stroke care delivered. Criteria for Acute Stroke-Ready Hospital designation of hospitals shall be limited to the ability of a hospital to:(A) create written acute care protocols related         to emergent stroke care;(A-5) participate in the data collection system         provided in Section 3.118, if available;(B) maintain a written transfer agreement with         one or more hospitals that have neurosurgical expertise;(C) designate a Clinical Director of Stroke Care         who shall be a clinical member of the hospital staff with training or experience, as defined by the facility, in the care of patients with cerebrovascular disease. This training or experience may include, but is not limited to, completion of a fellowship or other specialized training in the area of cerebrovascular disease, attendance at national courses, or prior experience in neuroscience intensive care units. The Clinical Director of Stroke Care may be a neurologist, neurosurgeon, emergency medicine physician, internist, radiologist, advanced practice registered nurse, or physician's assistant;(C-5) provide rapid access to an acute stroke         team, as defined by the facility, that considers and reflects nationally recognized, evidence-based protocols or guidelines;(D) administer thrombolytic therapy, or         subsequently developed medical therapies that meet nationally recognized, evidence-based stroke guidelines;(E)  conduct brain image tests at all times;(F)  conduct blood coagulation studies at all         times;(G)  maintain a log of stroke patients, which         shall be available for review upon request by the Department or any hospital that has a written transfer agreement with the Acute Stroke-Ready Hospital;(H) admit stroke patients to a unit that can         provide appropriate care that considers and reflects nationally recognized, evidence-based protocols or guidelines or transfer stroke patients to an Acute Stroke-Ready Hospital, Primary Stroke Center, or Comprehensive Stroke Center, or another facility that can provide the appropriate care that considers and reflects nationally recognized, evidence-based protocols or guidelines; and(I) demonstrate compliance with nationally         recognized quality indicators.(4)   With respect to Acute Stroke-Ready Hospital     designation, the Department shall have the authority and            responsibility to do the following:(A)  Require hospitals applying for Acute         Stroke-Ready Hospital designation to attest, on a form developed by the Department in consultation with the State Stroke Advisory Subcommittee, that the hospital meets, and will continue to meet, the criteria for an Acute Stroke-Ready Hospital.(A-5) Require hospitals applying for Acute         Stroke-Ready Hospital designation via national Acute Stroke-Ready Hospital certification to provide proof of current Acute Stroke-Ready Hospital certification, in good standing.The Department shall require a hospital that is         already certified as an Acute Stroke-Ready Hospital to send a copy of the Certificate to the Department.Within 30 business days of the Department's         receipt of a hospital's Acute Stroke-Ready Certificate and Application for Stroke Center Designation form that indicates that the hospital is a certified Acute Stroke-Ready Hospital, in good standing, the hospital shall be deemed a State-designated Acute Stroke-Ready Hospital.  The Department shall send a designation notice to each hospital that it designates as an Acute Stroke-Ready Hospital and shall add the names of designated Acute Stroke-Ready Hospitals to the website listing immediately upon designation. The Department shall immediately remove the name of a hospital from the website listing when a hospital loses its designation after notice and, if requested by the hospital, a hearing.The Department shall develop an Application for         Stroke Center Designation form that contains a statement that "The above named facility meets the requirements for Acute Stroke-Ready Hospital Designation as provided in Section 3.117 of the Emergency Medical Services (EMS) Systems Act" and shall instruct the applicant facility to provide: the hospital name and address; the hospital CEO or Administrator's typed name and signature; the hospital Clinical Director of Stroke Care's typed name and signature; and a contact person's typed name, email address, and phone number.The Application for Stroke Center Designation         form shall contain a statement that instructs the hospital to "Provide proof of current Acute Stroke-Ready Hospital certification from a nationally recognized certifying body approved by the Department".(B) Designate a hospital as an Acute Stroke-Ready         Hospital no more than 30 business days after receipt of an attestation that meets the requirements for attestation, unless the Department, within 30 days of receipt of the attestation,  chooses to conduct an onsite survey prior to designation. If the Department chooses to conduct an onsite survey prior to designation, then the onsite survey shall be conducted within 90 days of receipt of the attestation.(C) Require annual written attestation, on a form         developed by the Department in consultation with the State Stroke Advisory Subcommittee, by Acute Stroke-Ready Hospitals to indicate compliance with Acute Stroke-Ready Hospital criteria, as described in this Section, and automatically renew Acute Stroke-Ready Hospital designation of the hospital.(D) Issue an Emergency Suspension of Acute         Stroke-Ready Hospital designation when the Director, or his or her designee, has determined that the hospital no longer meets the Acute Stroke-Ready Hospital criteria and an immediate and serious danger to the public health, safety, and welfare exists. If the Acute Stroke-Ready Hospital fails to eliminate the violation immediately or within a fixed period of time, not exceeding 10 days, as determined by the Director, the Director may immediately revoke the Acute Stroke-Ready Hospital designation. The Acute Stroke-Ready Hospital may appeal the revocation within 15 business days after receiving the Director's revocation order, by requesting an administrative hearing.(E) After notice and an opportunity for an         administrative hearing, suspend, revoke, or refuse to renew an Acute Stroke-Ready Hospital designation, when the Department finds the hospital is not in substantial compliance with current Acute Stroke-Ready Hospital criteria.(c) The Department shall consult with the State Stroke Advisory Subcommittee for developing the designation, re-designation, and de-designation processes for Comprehensive Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready Hospitals.(d)  The Department shall consult with the State Stroke Advisory Subcommittee as subject matter experts at least annually regarding stroke standards of care. (Source: P.A. 102-687, eff. 12-17-21.) (210 ILCS 50/3.117.5)Sec. 3.117.5. Hospital Stroke Care; grants.(a) In order to encourage the establishment and retention of Comprehensive Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready Hospitals throughout the State, the Director may award, subject to appropriation, matching grants to hospitals to be used for the acquisition and maintenance of necessary infrastructure, including personnel, equipment, and pharmaceuticals for the diagnosis and treatment of acute stroke patients. Grants may be used to pay the fee for certifications by Department approved nationally recognized certifying bodies or to provide additional training for directors of stroke care or for hospital staff.(b) The Director may award grant moneys to Comprehensive Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready Hospitals for developing or enlarging stroke networks, for stroke education, and to enhance the ability of the EMS System to respond to possible acute stroke patients.(c) A Comprehensive Stroke Center, Primary Stroke Center, or Acute Stroke-Ready Hospital, or a hospital seeking certification as a Comprehensive Stroke Center, Primary Stroke Center, or Acute Stroke-Ready Hospital or designation as an Acute Stroke-Ready Hospital, may apply to the Director for a matching grant in a manner and form specified by the Director and shall provide information as the Director deems necessary to determine whether the hospital is eligible for the grant.(d) Matching grant awards shall be made to Comprehensive Stroke Centers, Primary Stroke Centers, Acute Stroke-Ready Hospitals, or hospitals seeking certification or designation as a Comprehensive Stroke Center, Primary Stroke Center, or Acute Stroke-Ready Hospital. The Department may consider prioritizing grant awards to hospitals in areas with the highest incidence of stroke, taking into account geographic diversity, where possible.
(Source: P.A. 102-687, eff. 12-17-21.) (210 ILCS 50/3.117.75)Sec. 3.117.75. Stroke Data Collection Fund.(a)   The Stroke Data Collection Fund is created as a special fund in the State treasury.(b)    Moneys in the fund shall be used by the Department to support the data collection provided for in Section 3.118 of this Act. Any surplus funds beyond what are needed to support the data collection provided for in Section 3.118 of this Act shall be used by the Department to support the salary of the Department Stroke Coordinator or for other stroke-care initiatives, including administrative oversight of stroke care.
(Source: P.A. 98-1001, eff. 1-1-15.) (210 ILCS 50/3.118)Sec. 3.118. Reporting.(a) The Director shall, not later than July 1, 2012, prepare and submit to the Governor and the General Assembly a report indicating the total number of hospitals that have applied for grants, the project for which the application was submitted, the number of those applicants that have been found eligible for the grants, the total number of grants awarded, the name and address of each grantee, and the amount of the award issued to each grantee.(b) By July 1, 2010, the Director shall send the list of designated Comprehensive Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready Hospitals to all Resource Hospital EMS Medical Directors in this State and shall post a list of designated Comprehensive Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready Hospitals on the Department's website, which shall be continuously updated.(c) The Department shall add the names of designated Comprehensive Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready Hospitals to the website listing immediately upon designation and shall immediately remove the name when a hospital loses its designation after notice and a hearing.(d)  Stroke data collection systems and all stroke-related data collected from hospitals shall comply with the following requirements:(1) The confidentiality of patient records shall be     maintained in accordance with State and federal laws.(2) Hospital proprietary information and the names of     any hospital administrator, health care professional, or employee shall not be subject to disclosure.(3) Information submitted to the Department shall be     privileged and strictly confidential and shall be used only for the evaluation and improvement of hospital stroke care. Stroke data collected by the Department shall not be directly available to the public and shall not be subject to civil subpoena, nor discoverable or admissible in any civil, criminal, or administrative proceeding against a health care facility or health care professional.(e) The Department may administer a data collection system to collect data that is already reported by designated Comprehensive Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready Hospitals to their certifying body, to fulfill certification requirements. Comprehensive Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready Hospitals may provide data used in submission to their certifying body, to satisfy any Department reporting requirements. The Department may require submission of data elements in a format that is used State-wide. In the event the Department establishes reporting requirements for designated Comprehensive Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready Hospitals, the Department shall permit each designated Comprehensive Stroke Center, Primary Stroke Center, or Acute Stroke-Ready Hospital to capture information using existing electronic reporting tools used for certification purposes. Nothing in this Section shall be construed to empower the Department to specify the form of internal recordkeeping. Three years from the effective date of this amendatory Act of the 96th General Assembly, the Department may post stroke data submitted by Comprehensive Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready Hospitals on its website, subject to the following:(1) Data collection and analytical methodologies     shall be used that meet accepted standards of validity and reliability before any information is made available to the public.(2) The limitations of the data sources and analytic     methodologies used to develop comparative hospital information shall be clearly identified and acknowledged, including, but not limited to, the appropriate and inappropriate uses of the data.(3) To the greatest extent possible, comparative     hospital information initiatives shall use standard-based norms derived from widely accepted provider-developed practice guidelines.(4) Comparative hospital information and other     information that the Department has compiled regarding hospitals shall be shared with the hospitals under review prior to public dissemination of the information. Hospitals have 30 days to make corrections and to add helpful explanatory comments about the information before the publication.(5) Comparisons among hospitals shall adjust for     patient case mix and other relevant risk factors and control for provider peer groups, when appropriate.(6) Effective safeguards to protect against the     unauthorized use or disclosure of hospital information shall be developed and implemented.(7) Effective safeguards to protect against the     dissemination of inconsistent, incomplete, invalid, inaccurate, or subjective hospital data shall be developed and implemented.(8) The quality and accuracy of hospital information     reported under this Act and its data collection, analysis, and dissemination methodologies shall be evaluated regularly.(9) None of the information the Department discloses     to the public under this Act may be used to establish a standard of care in a private civil action.(10) The Department shall disclose information under     this Section in accordance with provisions for inspection and copying of public records required by the Freedom of Information Act, provided that the information satisfies the provisions of this Section.(11) Notwithstanding any other provision of law,     under no circumstances shall the Department disclose information obtained from a hospital that is confidential under Part 21 of Article VIII of the Code of Civil Procedure.(12) No hospital report or Department disclosure may     contain information identifying a patient, employee, or licensed professional.(Source: P.A. 98-1001, eff. 1-1-15.) (210 ILCS 50/3.118.5)Sec. 3.118.5. State Stroke Advisory Subcommittee; triage and transport of possible acute stroke patients.(a) There shall be established within the State Emergency Medical Services Advisory Council, or other statewide body responsible for emergency health care, a standing State Stroke Advisory Subcommittee, which shall serve as an advisory body to the Council and the Department on matters related to the triage, treatment, and transport of possible acute stroke patients. Membership on the Committee shall be as geographically diverse as possible and include one representative from each Regional Stroke Advisory Subcommittee, to be chosen by each Regional Stroke Advisory Subcommittee. The Director shall appoint additional members, as needed, to ensure there is adequate representation from the following:(1)   an EMS Medical Director;(2)   a hospital administrator, or designee, from a     Comprehensive Stroke Center;(3)   a hospital administrator, or designee, from a     Primary Stroke Center;(3.5) a hospital administrator, or designee, from  an     Acute Stroke-Ready Hospital;(3.10) a registered nurse from a Comprehensive Stroke     Center;(4)  a registered nurse from a Primary Stroke Center;(5)  a registered nurse from an Acute Stroke-Ready     Hospital;(5.5) a physician providing advanced stroke care from     a Comprehensive Stroke center;(6)    a physician providing stroke care from a     Primary Stroke Center;(7) a physician providing stroke care from an Acute     Stroke-Ready Hospital;(8)    an EMS Coordinator;(9)    an acute stroke patient advocate;(10)    a fire chief, or designee, from an EMS Region     that serves a population of over 2,000,000 people;(11)    a fire chief, or designee, from a rural EMS     Region;(12)    a representative from a private ambulance     provider;(12.5) a representative from a municipal EMS     provider; and(13)  a representative from the State Emergency     Medical Services Advisory Council.(b)   Of the members first appointed, 9 members shall be appointed for a term of one year, 9 members shall be appointed for a term of 2 years, and the remaining members shall be appointed for a term of 3 years. The terms of subsequent appointees shall be 3 years.(c)   The State Stroke Advisory Subcommittee shall be provided a 90-day period in which to review and comment upon all rules proposed by the Department pursuant to this Act concerning stroke care, except for emergency rules adopted pursuant to Section 5-45 of the Illinois Administrative Procedure Act. The 90-day review and comment period shall commence prior to publication of the proposed rules and upon the Department's submission of the proposed rules to the individual Committee members, if the Committee is not meeting at the time the proposed rules are ready for Committee review.(d)  The State  Stroke Advisory Subcommittee shall develop and submit an evidence-based statewide stroke assessment tool to clinically evaluate potential stroke patients to the Department for final approval. Upon approval, the Department shall disseminate the tool to all EMS Systems for adoption. The Director shall post the Department-approved stroke assessment tool on the Department's website. The State Stroke Advisory Subcommittee shall review the Department-approved stroke assessment tool at least annually to ensure its clinical relevancy and to make changes when clinically warranted.(d-5) Each EMS Regional Stroke Advisory Subcommittee shall submit recommendations for continuing education for pre-hospital personnel to that Region's EMS Medical Directors Committee.(e)  Nothing in this Section shall preclude the State Stroke Advisory Subcommittee from reviewing and commenting on proposed rules which fall under the purview of the State Emergency Medical Services Advisory Council.  Nothing in this Section shall preclude the Emergency Medical Services Advisory Council from reviewing and commenting on proposed rules which fall under the purview of the State Stroke Advisory Subcommittee.(f) The Director shall coordinate with and assist the EMS System Medical Directors and Regional Stroke Advisory Subcommittee within each EMS Region to establish protocols related to the assessment, treatment, and transport of possible acute stroke patients by licensed emergency medical services providers. These protocols shall include regional transport plans for the triage and transport of possible acute stroke patients to the most appropriate Comprehensive Stroke Center, Primary Stroke Center, or Acute Stroke-Ready Hospital, unless circumstances warrant otherwise.
(Source: P.A. 98-1001, eff. 1-1-15.) (210 ILCS 50/3.119)Sec. 3.119. Stroke Care; restricted practices. Sections in this Act pertaining to Comprehensive Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready Hospitals are not medical practice guidelines and shall not be used to restrict the authority of a hospital to provide services for which it has received a license under State law.
(Source: P.A. 98-1001, eff. 1-1-15.) (210 ILCS 50/3.120)Sec. 3.120. 
		Helicopter Plan. 
		The Department shall cooperate with the Illinois Department
of Transportation to develop a statewide use plan for
helicopters operated by the Illinois Department of
Transportation.
		(Source: P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/3.125)Sec. 3.125. 
		Complaint Investigations.(a) The Department shall promptly investigate
complaints which it receives concerning any person or entity
which the Department licenses, certifies, approves, permits
or designates pursuant to this Act.(b) The Department shall notify an EMS Medical
Director of any complaints it receives involving System
personnel or participants.(c) The Department shall conduct any inspections,
interviews and reviews of records which it deems necessary
in order to investigate complaints.(d) All persons and entities which are licensed,
certified, approved, permitted or designated pursuant to
this Act shall fully cooperate with any Department complaint
investigation, including providing patient medical records
requested by the Department.  Any patient medical record
received or reviewed by the Department shall not be
disclosed publicly in such a manner as to identify
individual patients, without the consent of such patient or
his or her legally authorized representative.  Patient
medical records may be disclosed to a party in
administrative proceedings brought by the Department
pursuant to this Act, but such patient's identity shall be
masked before disclosure of such record during any public
hearing unless otherwise authorized by the patient or his or her legally
authorized representative.
		(Source: P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/3.130)Sec. 3.130. Facility, system, and equipment violations; Plans of Correction. Except for emergency suspension orders, or actions
initiated pursuant to Sections 3.117(a), 3.117(b), and 3.90(b)(10) of this Act, prior
to initiating an action in response to a facility, system, or equipment violation,
the Department shall:(a) Issue a Notice of Violation which specifies the     Department's allegations of noncompliance and requests a plan of correction to be submitted within 10 days after receipt of the Notice of Violation;(b) Review and approve or reject the plan of     correction.  If the Department rejects the plan of correction, it shall send notice of the rejection and the reason for the rejection.  The party shall have 10 days after receipt of the notice of rejection in which to submit a modified plan;(c) Impose a plan of correction if a modified plan is     not submitted in a timely manner or if the modified plan is rejected by the Department;(d) Issue a Notice of Intent to fine, suspend,     revoke, nonrenew or deny if the party has failed to comply with the imposed plan of correction, and provide the party with an opportunity to request an administrative hearing.  The Notice of Intent shall be effected by certified mail or by personal service, shall set forth the particular reasons for the proposed action, and shall provide the party with 15 days in which to request a hearing.(Source: P.A. 98-973, eff. 8-15-14.) (210 ILCS 50/3.133)Sec. 3.133. Suspension of license for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A-3.5 of the Illinois Public Aid Code or under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or the Criminal Code of 2012.  A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.
(Source: P.A. 97-1150, eff. 1-25-13.) (210 ILCS 50/3.135)Sec. 3.135. 
		Administrative Hearings.(a) Administrative hearings shall be conducted by the
Director or by an individual designated by the Director as
Administrative Law Judge to conduct the hearing.  On the
basis of any such hearing, or upon default of the
Respondent, the Director shall issue a Final Order
specifying his findings, conclusions and decision.  A copy
of the Final Order shall be sent to the Respondent by
certified mail or served personally upon the Respondent.(b) The procedure governing hearings authorized by
this Act shall be in accordance with the Department's rules
governing administrative hearings.
		(Source: P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/3.140)Sec. 3.140. Violations; Fines.(a) The Department shall have the authority to
impose fines on any licensed vehicle service provider, stretcher van provider, designated
trauma center, resource hospital, associate hospital, or
participating hospital.(b) The Department shall adopt rules pursuant to
this Act which establish a system of fines related to the type
and level of violation or repeat violation, including but
not limited to:(1) A fine not exceeding $10,000 for a violation     which created a condition or occurrence presenting a substantial probability that death or serious harm to an individual will or did result therefrom; and(2) A fine not exceeding $5,000 for a violation which     creates or created a condition or occurrence which threatens the health, safety or welfare of an individual.(c) A Notice of Intent to Impose Fine may be
issued in conjunction with or in lieu of a Notice of Intent to
Suspend, Revoke, Nonrenew or Deny, and shall conform to the
requirements specified in Section 3.130(d) of this Act.  All
Hearings conducted pursuant to a Notice of Intent to Impose
Fine shall conform to the requirements specified in
Section 3.135 of this Act.(d) All fines collected pursuant to this Section
shall be deposited into the EMS Assistance Fund.
(Source: P.A. 98-973, eff. 8-15-14.) (210 ILCS 50/3.145)Sec. 3.145. 
		Administrative Review Law. 
		All final administrative decisions of the Department
hereunder shall be subject to judicial review pursuant to
the provisions of the Administrative Review Law and the rules adopted pursuant
thereto.  The term
"administrative decision" is defined as in Section 3-101 of
the Code of Civil Procedure.Decisions of the State EMS Disciplinary Review Board
are not final administrative decisions of the Department,
and are not subject to judicial review under the
Administrative Review Law.
		(Source: P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/3.150)Sec. 3.150. Immunity from civil liability.(a) Any person, agency or governmental body certified,
licensed or authorized pursuant to this Act or rules
thereunder, who in good faith provides emergency or
non-emergency medical services during a Department approved
training course, in the normal course of conducting their
duties, or in an emergency, shall not be civilly liable as a
result of their acts or omissions in providing such services
unless such acts or omissions, including the bypassing of
nearby hospitals or medical facilities in accordance with
the protocols developed pursuant to this Act, constitute
willful and wanton misconduct.(b) No person, including any private or
governmental organization or institution that administers, sponsors,
authorizes, supports, finances, educates or supervises the
functions of emergency medical services personnel certified,
licensed or authorized pursuant to this Act, including
persons participating in a Department approved training
program, shall be liable for any civil damages for any act
or omission in connection with administration, sponsorship,
authorization, support, finance, education or supervision of
such emergency medical services personnel, where the act or
omission occurs in connection with activities within the
scope of this Act, unless the act or omission was the result
of willful and wanton misconduct.(c) Exemption from civil liability for emergency care is as provided in
the Good Samaritan Act.(d) No local agency, entity of State or local
government, or other public or private organization, nor any
officer, director, trustee, employee, consultant or agent of
any such entity, which sponsors, authorizes, supports,
finances, or supervises the training of persons in the use of
						
						cardiopulmonary resuscitation, automated external defibrillators, or first aid in a course which complies with
generally recognized standards shall be liable for damages
in any civil action based on the training of such persons
unless an act or omission during the course of instruction
constitutes willful and wanton misconduct.(e) No person who is certified to teach the use of
						
						cardiopulmonary resuscitation, automated external defibrillators, or first aid and who teaches a course of
instruction which complies with generally recognized
standards for the use of cardiopulmonary resuscitation, automated external defibrillators, or first aid shall be
liable for damages in any civil action based on the acts or
omissions of a person who received such instruction, unless
an act or omission during the course of such instruction
constitutes willful and wanton misconduct.(f) No member or alternate of the State Emergency
Medical Services Disciplinary Review Board or a local System
review board who in good faith exercises his
responsibilities under this Act shall be liable for damages
in any civil action based on such activities unless an act
or omission during the course of such activities constitutes
willful and wanton misconduct.(g) No EMS Medical Director who in good faith
exercises his responsibilities under this Act
shall be liable for
damages in any civil action based on such activities unless
an act or omission during the course of such activities
constitutes willful and wanton misconduct.(h) Nothing in this Act shall be construed to
create a cause of action or any civil liabilities.
					(Source: P.A. 95-447, eff. 8-27-07.) (210 ILCS 50/3.155)Sec. 3.155. General provisions.(a) Authority and responsibility for the EMS System
shall be vested in the EMS Resource Hospital, through the
EMS Medical Director or his designee.(b) For an inter-hospital emergency or
non-emergency medical transport, in which the physician from the sending
hospital provides the EMS personnel with written medical
orders, such written medical orders cannot exceed the scope
of care which the EMS personnel are authorized to render
pursuant to this Act.(c) For an inter-hospital emergency or
non-emergency medical transport of a patient who requires medical care
beyond the scope of care which the EMS personnel are
authorized to render pursuant to this Act, a qualified
physician, nurse, perfusionist, or respiratory therapist
familiar with the scope of care needed must accompany the
patient and the transferring hospital and physician shall
assume medical responsibility for that portion of the
medical care.(d) No emergency medical services vehicles or
personnel from another State or nation may be utilized on a
regular basis to pick up and transport patients within this
State without first complying with this Act and all rules
adopted by the Department pursuant to this Act.(e) This Act shall not prevent emergency medical
services vehicles or personnel from another State or nation
from rendering requested assistance in this State in a
disaster situation, or operating from a location outside the
State and occasionally transporting patients into this State
for needed medical care.  Except as provided in Section 31
of this Act, this Act shall not provide immunity from
liability for such activities.(f) Except as provided in subsection (e) of this
Section, no person or entity shall transport emergency or
non-emergency patients by ambulance, SEMSV, or medical
carrier without first complying with the provisions of this
Act and all rules adopted pursuant to this Act.(g) Nothing in this Act or the rules adopted by the Department under this
Act shall be construed to authorize any medical treatment to or transportation
of any person who objects on religious grounds.(h) Patients, individuals who accompany a patient, and emergency medical
services personnel may not smoke while inside an ambulance or SEMSV.  The
Department of Public Health may impose a civil penalty on an individual who
violates
this
subsection in the amount of $100.(i) When a patient has been determined by EMS personnel to (1) have no immediate life-threatening injuries or illness, (2) not be under the influence of drugs or alcohol, (3) have no immediate or obvious need for transport to an emergency department,  and (4) have an immediate need for transport to an EMS System-approved mental health facility, the EMS personnel may contact Online Medical Control or his or her EMS Medical Director or Emergency Communications Registered Nurse to request bypass or diversion of the closest emergency department, as outlined in paragraph (5) of subsection (c) of Section 3.20, and request transport to the closest or appropriate EMS System-approved mental health facility. In addition, EMS personnel may transport a patient to an EMS System-approved urgent care or immediate care facility that meets the proper criteria and is approved by Online Medical Control or his or her EMS Medical Director or Emergency Communications Registered Nurse. (Source: P.A. 102-623, eff. 8-27-21.) (210 ILCS 50/3.160)Sec. 3.160. Employer Responsibility.(a) (Blank).(a-5) No employer shall permit any employee to perform any services for which a license, certificate, or other authorization is required under this Act, unless the employer first makes a good faith attempt to verify that the employee possesses all necessary and valid licenses, certificates, and authorizations required under this Act.(b) Any person or entity that employs or
supervises a person's activities as a First Responder or Emergency
Medical Dispatcher shall cooperate with the Department's
efforts to monitor and enforce compliance by those
individuals with the requirements of this Act.
(Source: P.A. 96-1469, eff. 1-1-11.) (210 ILCS 50/3.165)Sec. 3.165. Misrepresentation.(a) No person shall hold himself or herself out to be or engage
in the practice of an EMS Medical Director, EMS
Administrative Director, EMS System Coordinator, EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, PHAPRN, PHPA, TNS, or LI without being licensed,
certified, approved or otherwise authorized pursuant to this
Act.(b) A hospital or other entity which employs or
utilizes an EMR, EMD, EMT, EMT-I, A-EMT, or Paramedic in a manner which is outside the scope of
his or her license shall not use the words "emergency medical responder", "EMR", "emergency medical technician", "EMT", "emergency medical technician-intermediate", "EMT-I", "advanced emergency medical technician", "A-EMT", or "Paramedic" in that person's job
description or title, or in any other manner hold that
person out to be so licensed.(c) No provider or participant within an EMS
System shall hold itself out as providing a type or level of
service that has not been approved by that System's EMS
Medical Director.
(Source: P.A. 100-1082, eff. 8-24-19.) (210 ILCS 50/3.170)Sec. 3.170. Falsification of Documents. No person shall fabricate any license or knowingly enter any false information
on any application form, run sheet, record or other document
required to be completed or submitted pursuant to this Act
or any rule adopted pursuant to this Act, or knowingly
submit any application form, run sheet, record or other
document which contains false information.
(Source: P.A. 98-973, eff. 8-15-14.) (210 ILCS 50/3.175)Sec. 3.175. Criminal Penalties. Any person who violates Sections 3.155(d)
or (f), 3.160, 3.165 or 3.170 of this Act or any rule promulgated thereto, is
guilty of a Class B misdemeanor.
(Source: P.A. 96-1469, eff. 1-1-11.) (210 ILCS 50/3.180)Sec. 3.180. Injunctions. Notwithstanding the existence or pursuit of any other
remedy, the Director may, through the Attorney General, seek
an injunction:(a) To restrain or prevent any person or entity from     functioning, practicing or operating without a license, certification, classification, approval, permit, designation or authorization required by this Act;(b) To restrain or prevent any person, institution or     governmental unit from representing itself to be a trauma center after the effective date of this amendatory Act of 1995 without designation as such pursuant to this Act;(c) To restrain or prevent any hospital or other     entity which employs or utilizes an EMR, EMT, EMT-I, A-EMT, or Paramedic in a manner which is outside the scope of his or her license from representing that person to be an EMR, EMT, EMT-I, A-EMT, or Paramedic.(Source: P.A. 98-973, eff. 8-15-14.) (210 ILCS 50/3.185)Sec. 3.185. 
		Waiver of Standards. 
		In accordance with protocols and
procedures which it
established by rules adopted pursuant to this Act, the
Department may grant a waiver to any provision of this Act
or rule adopted pursuant to this Act for a specified
period of time determined appropriate by the Department.Any entity may apply in writing to the Department for a
waiver to specific requirements or standards for which it
considers compliance to be a hardship.  The Department may
grant a waiver on such applications when it can be
demonstrated that there will be no reduction in standards of
medical care as determined by the EMS Medical Director or
the Department.The Department shall establish a specific mechanism for
granting hardship waivers to the Act's licensure fee
requirements.
		(Source: P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/3.190)Sec. 3.190. Emergency Department Classifications. The Department shall have the authority and
responsibility to:(a) Establish criteria for classifying the emergency     departments of hospitals within the State as Comprehensive, Basic, or Standby.  In establishing such criteria, the Department may consult with the Illinois Hospital Licensing Board and incorporate by reference all or part of existing standards adopted as rules pursuant to the Hospital Licensing Act or Emergency Medical Treatment Act;(b) Classify the emergency departments of  hospitals     within the State in accordance with this Section;(c) Annually publish, and distribute to all EMS     Systems, a list reflecting the classification of all emergency departments.For the purposes of paragraphs (a) and (b) of this Section, long-term acute care hospitals and rehabilitation hospitals, as defined under the Hospital Emergency Service Act, are not required to provide hospital emergency services. Long-term acute care hospitals and rehabilitation hospitals with no emergency department  shall be classified as not available. (Source: P.A. 97-667, eff. 1-13-12; 98-463, eff. 8-16-13; 98-683, eff. 6-30-14.) (210 ILCS 50/3.195)Sec. 3.195. 
		Data Collection and Evaluation.(a) The Department shall develop and administer an
emergency medical services data collection system.  Nothing
in this Section shall be construed to empower the Department
to specify the form of internal recordkeeping.(b) The confidentiality of patient records shall
be maintained in accordance with State and federal regulations
on confidentiality of records.(c) The Department shall develop parameters by
which the availability and quality of emergency medical care can
be evaluated to assure a reasonable standard of performance
by individuals and organizations providing such services.(d) EMS Medical Directors shall have the authority
to require System participants to provide data to the System in
addition to that required by the Department.
Participants shall not be required to submit financial information that is
proprietary in nature and unrelated to the scope or purposes of this Act.
		(Source: P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/3.200)Sec. 3.200. State Emergency Medical Services Advisory
Council.(a) There shall be established within the Department
of Public Health a State Emergency Medical Services Advisory
Council, which shall serve as an advisory body to the
Department on matters related to this Act.(b) Membership of the Council shall include one
representative from each EMS Region, to be appointed by each
region's EMS Regional Advisory Committee.  The Governor
shall appoint additional members to the Council as necessary
to insure that the Council includes one representative from
each of the following categories:(1) EMS Medical Director,(2) Trauma Center Medical Director,(3) Licensed, practicing physician with regular and     frequent involvement in the provision of emergency care,(4) Licensed, practicing physician with special     expertise in the surgical care of the trauma patient,(5) EMS System Coordinator,(6) TNS,(7) Paramedic,(7.5) A-EMT,(8) EMT-I,(9) EMT,(10) Private vehicle service provider,(11) Law enforcement officer,(12) Chief of a public vehicle service provider,(13) Statewide firefighters' union member affiliated     with a vehicle service provider,(14) Administrative representative from a fire     department vehicle service provider in a municipality with a population of over 2 million people;(15) Administrative representative from a Resource     Hospital or EMS System Administrative Director.(c) Members shall be
appointed for a term of 3 years.  All appointees
shall serve until their successors are appointed and
qualified.(d) The Council shall be provided a 90-day period
in which to review and comment, in consultation with the subcommittee to which the rules are relevant, upon all rules proposed by the
Department pursuant to this Act, except for rules adopted
pursuant to Section 3.190(a) of this Act, rules submitted to
the State Trauma Advisory Council and emergency rules
adopted pursuant to Section 5-45 of the Illinois
Administrative Procedure Act.  The 90-day review and comment
period may commence upon the Department's submission of the
proposed rules to the individual Council members, if the
Council is not meeting at the time the proposed rules are
ready for Council review.  Any non-emergency rules adopted
prior to the Council's 90-day review and comment period
shall be null and void.  If the Council fails to advise the
Department within its 90-day review and comment period, the
rule shall be considered acted upon.(e) Council members shall be reimbursed for
reasonable travel expenses incurred during the performance of their
duties under this Section.(f) The Department shall provide administrative
support to the Council for the preparation of the agenda and
minutes for Council meetings and distribution of proposed
rules to Council members.(g) The Council shall act pursuant to bylaws which
it adopts, which shall include the annual election of a Chair
and Vice-Chair.(h) The Director or his designee shall be present
at all Council meetings.(i) Nothing in this Section shall preclude the
Council from reviewing and commenting on proposed rules which fall
under the purview of the State Trauma Advisory Council.
(Source: P.A. 98-973, eff. 8-15-14.) (210 ILCS 50/3.205)Sec. 3.205. State Trauma Advisory Council.(a) There shall be established within the Department
of Public Health a State Trauma Advisory Council, which
shall serve as an advisory body to the Department on matters
related to trauma care and trauma centers.(b) Membership of the Council shall include one
representative from each Regional Trauma Advisory Committee,
to be appointed by each Committee.  The Governor shall
appoint the following additional members:(1) An EMS Medical Director,(2) A trauma center medical director,(3) A trauma surgeon,(4) A trauma nurse coordinator,(5) A representative from a private vehicle service     provider,(6) A representative from a public vehicle service     provider,(7) A member of the State EMS Advisory Council, and(8) A neurosurgeon.(c) Members shall be
appointed for a term of 3 years.  All appointees
shall serve until their successors are appointed and
qualified.(d) The Council shall be provided a 90-day period in
which to review and comment upon all rules proposed by the
Department pursuant to this Act concerning trauma care,
except for emergency rules adopted pursuant to Section 5-45
of the Illinois Administrative Procedure Act.  The 90-day
review and comment period may commence upon the Department's
submission of the proposed rules to the individual Council
members, if the Council is not meeting at the time the
proposed rules are ready for Council review.  Any non-emergency rules adopted
prior to the Council's 90-day review
and comment period shall be null and void.  If the Council
fails to advise the Department within its 90-day review and
comment period, the rule shall be considered acted upon;(e) Council members shall be reimbursed for
reasonable travel expenses incurred during the performance of their
duties under this Section.(f) The Department shall provide administrative
support to the Council for the preparation of the agenda and
minutes for Council meetings and distribution of proposed
rules to Council members.(g) The Council shall act pursuant to bylaws which
it adopts, which shall include the annual election of a Chair
and Vice-Chair.(h) The Director or his designee shall be present
at all Council meetings.(i) Nothing in this Section shall preclude the
Council from reviewing and commenting on proposed rules which fall
under the purview of the State EMS Advisory Council.
(Source: P.A. 98-973, eff. 8-15-14.) (210 ILCS 50/3.210)Sec. 3.210. EMS Medical Consultant. If the Chief of the Department's Division of Emergency
Medical Services and Highway Safety is not a physician
licensed to practice medicine in all of its branches, with
extensive emergency medical services experience, and
certified by the American Board of Emergency Medicine or the 
American Osteopathic Board of Emergency Medicine, then the
Director shall appoint such a physician to serve as EMS
Medical Consultant to the Division Chief.
(Source: P.A. 98-973, eff. 8-15-14; 99-78, eff. 7-20-15.) (210 ILCS 50/3.215)Sec. 3.215. 
		Grants. 
		The Department has the power to make grants to EMS
Regions, for disbursement in accordance with protocols
established in the EMS Region Plans, from moneys deposited
into the EMS Assistance Fund and funds appropriated or
otherwise made available to the Department, other than funds
appropriated to the Illinois Department of Transportation
for implementation of the Highway Safety Program.
		(Source: P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/3.220)Sec. 3.220. EMS Assistance Fund.(a) There is hereby created an "EMS Assistance
Fund" within the State treasury, for the purpose of receiving
fines and fees collected by the Illinois Department of
Public Health pursuant to this Act.(b) (Blank).(b-5) All licensing, testing, and certification fees authorized by this Act, excluding ambulance licensure fees, within this fund shall be used by the Department for administration, oversight, and enforcement of activities authorized under this Act.(c) All other moneys within this fund shall be
distributed by the Department to the EMS Regions for
disbursement in accordance with protocols established in the
EMS Region Plans, for the purposes of organization,
development and improvement of Emergency Medical Services
Systems, including but not limited to training of personnel
and acquisition, modification and maintenance of necessary
supplies, equipment and vehicles.(d) All fees and fines collected pursuant to this
 Act shall be deposited into the EMS Assistance Fund, except that all fees collected under Section 3.86 in connection with the licensure of stretcher van providers shall be deposited into the Stretcher Van Licensure Fund.
(Source: P.A. 100-201, eff. 8-18-17.) (210 ILCS 50/3.225)Sec. 3.225. Trauma Center Fund.(a) The Department shall distribute 97.5% of 50% of
the moneys deposited into the Trauma Center Fund, a special
fund in the State Treasury, to Illinois hospitals that are
designated as trauma centers.  The payments to those
hospitals shall be in addition to any other payments paid
and shall be in an amount calculated under paragraph (b) of
this Section.(b) Trauma payment calculation.(1) The Department shall implement an accounting     system to ensure that the moneys in the fund are distributed.(2) The moneys in the fund shall be allocated     proportionately to each EMS region so that the EMS region receives the moneys collected from within its region for violations of laws or ordinances regulating the movement of traffic. Under no circumstance shall money collected within one EMS region be redirected to another EMS region.(3) The formula for distribution to individual     hospitals shall be based on factors identified in rules adopted by the Department pursuant to this Act.  No moneys may be distributed to a trauma center located outside of the State.(4) If money collected from an EMS region cannot be     distributed to any trauma center in that EMS region because the trauma center is located outside of the State, then the Department shall distribute the money to hospitals in the EMS region for the provision of emergency services.(c) The Department may retain 2.5% of 50% of the
moneys in the Trauma Center Fund to defray the cost of
administering the distributions.
(Source: P.A. 97-209, eff. 7-28-11.) (210 ILCS 50/3.226)Sec. 3.226. Hospital Stroke Care Fund.(a) The Hospital Stroke Care Fund is created as a special fund in  the State treasury for the purpose of receiving appropriations, donations, and grants collected by the Illinois Department of Public Health pursuant to Department designation of Comprehensive Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready Hospitals. All moneys collected by the Department pursuant to its authority to designate Comprehensive Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready Hospitals shall be deposited into the Fund, to be used for the purposes in subsection (b).(b) The purpose of the Fund is to allow the Director of the Department to award matching grants:(1) to hospitals that have been certified as     Comprehensive Stroke Centers, Primary Stroke Centers, or Acute Stroke-Ready Hospitals;(2) to hospitals that seek certification or     designation or both as Comprehensive Stroke Centers, Primary Stroke Centers, or Acute Stroke-Ready Hospitals;(3) to hospitals that have been designated Acute     Stroke-Ready Hospitals;(4) to hospitals that seek designation as Acute     Stroke-Ready Hospitals; and(5) for the development of stroke networks.Hospitals may use grant funds to work with the EMS System to improve outcomes of possible acute stroke patients.(c) Moneys deposited in the Hospital Stroke Care Fund shall be allocated according to the hospital needs within each EMS region and used solely for the purposes described in this Act.(d) Interfund transfers from the Hospital Stroke Care Fund shall be prohibited.
(Source: P.A. 98-1001, eff. 1-1-15.) (210 ILCS 50/3.230)Sec. 3.230. 
		
		Abuse and Neglect Reporting; Domestic
Violence Referrals.(a) All persons licensed, certified or approved under
this Act shall report suspected cases of child abuse or
neglect in accordance with the requirements of the Abused
and Neglected Child Reporting Act.(b) All persons licensed, certified or approved
under this Act shall offer to a person suspected to be a victim of
abuse immediate and adequate information regarding services
available to victims of abuse, in accordance with Section
401 of the Illinois Domestic Violence Act of 1986.
		(Source: P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/3.233)Sec. 3.233. Opioid overdose reporting.(a) In this Section:"Covered vehicle service provider" means a licensed vehicle service provider that is a municipality with a population of 1,000,000 or greater."Covered vehicle service provider personnel" means individuals licensed by the Department as an EMT, EMT-I, A-EMT, or EMT-P who are employed by a covered vehicle service provider."Opioid" means any narcotic containing opium or one or more of its natural or synthetic derivatives."Overdose" means a physiological event that results in a life-threatening emergency to an individual who ingested, inhaled, injected, or otherwise bodily absorbed an opioid.(b) Covered vehicle service provider personnel who treat and either release or transport to a health care facility an individual experiencing a suspected or an actual overdose shall document in the patient's care report the information specified in subsection (c) within 24 hours of the initial reporting of the incident.(c) A patient care report of an overdose made under this Section shall include:(1) the date and time of the overdose;(2) the location in latitude and longitude, to no     more than 4 decimal places, where the overdose victim was initially encountered by the covered vehicle service provider personnel;(3) whether one or more doses of an opioid overdose     reversal drug were administered; and(4) whether the overdose was fatal or nonfatal when     the overdose victim was initially encountered by the covered vehicle service provider personnel and during the transportation of the victim to a health care facility.(d) Upon receipt of a patient care report that documents an overdose, a covered vehicle service provider shall report the information listed under subsection (c) to:(i) the Washington/Baltimore High Intensity Drug     Trafficking Area Overdose Detection Mapping Application; or(ii) any similar information technology platform with     secure access operated by the federal government or a unit of state or local government, as determined by the covered vehicle service provider.(e) Overdose information reported by a covered vehicle service provider under this Section shall not be used in an opioid use-related criminal investigation or prosecution of the individual who was treated by the covered vehicle service provider personnel for experiencing the suspected or actual overdose.(f) Covered vehicle service providers or covered vehicle service provider personnel that in good faith make a report under this Section shall be immune from civil or criminal liability for making the report. 
(Source: P.A. 101-320, eff. 8-9-19; 102-558, eff. 8-20-21.) (210 ILCS 50/3.235)Sec. 3.235. 
		Choke-Saving Methods Act; Effect. 
		Nothing in this Act shall impair or diminish any right,
privilege or duty established in the Choke-Saving Methods
Act.
		(Source: P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/3.240)Sec. 3.240. 
		Coal Mine Medical Emergencies Act; Conflicts. 
		In the event of conflict between this Act and the Coal
Mine Medical Emergencies Act, the provisions of the Coal
Mine Medical Emergencies Act shall govern.
		(Source: P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/3.245)Sec. 3.245. 
		Adoption of Rules by the Department. 
		The Department shall
adopt rules to implement the
provisions of this Act, in accordance with the Illinois
Administrative Procedure Act.With the exception of emergency rules adopted pursuant
to the Illinois Administrative Procedure Act
or Section 3.190 of this Act, the Department shall submit all
proposed rules to the State Emergency Medical Services
Council or State Trauma Advisory Council for a 90-day review
and comment period prior to adoption, as specified in this
Act.
		(Source: P.A. 91-357, eff. 7-29-99.) (210 ILCS 50/3.250)Sec. 3.250. 
		Application of Administrative Procedure Act. 
		
The provisions of the Illinois Administrative
Procedure Act are hereby expressly adopted and shall apply
to all administrative rules and procedures of the Department
of Public Health under this Act, except that in case of
conflict between the Illinois Administrative Procedure Act
and this Act the provisions of this Act shall control, and
except that Section 5-35 of the Illinois Administrative
Procedure Act relating to procedures for rule-making does
not apply to the adoption of any rule required by federal
law in connection with which the Department is precluded by
law from exercising any discretion.
		(Source: P.A. 92-651, eff. 7-11-02.) (210 ILCS 50/3.255)Sec. 3.255. Emergency Medical Disaster Plan. The Department shall develop and implement an
Emergency Medical Disaster Plan to assist emergency medical services personnel and health care facilities in working together in a collaborative way and to provide support in situations where local medical resources are overwhelmed, including but not limited to public health emergencies, as that term is defined in Section 4 of the Illinois Emergency Management Agency Act.  As part of the plan, the Department may designate lead hospitals in each Emergency Medical Services region established under this Act and may foster the creation and coordination of volunteer medical response teams that can be deployed to assist when a locality's capacity is overwhelmed.  In developing an Emergency Medical Disaster Plan, the Department shall collaborate with the entities listed in Sections 2310-50.5 and 2310-620 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois.
(Source: P.A. 93-829, eff. 7-28-04.) (210 ILCS 50/4) (from Ch. 111 1/2, par. 5504)Sec. 4. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.01) (from Ch. 111 1/2, par. 5504.01)Sec. 4.01. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.02) (from Ch. 111 1/2, par. 5504.02)Sec. 4.02. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.03) (from Ch. 111 1/2, par. 5504.03)Sec. 4.03. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.04) (from Ch. 111 1/2, par. 5504.04)Sec. 4.04. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.05) (from Ch. 111 1/2, par. 5504.05)Sec. 4.05. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.06) (from Ch. 111 1/2, par. 5504.06)Sec. 4.06. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.07) (from Ch. 111 1/2, par. 5504.07)Sec. 4.07. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.08) (from Ch. 111 1/2, par. 5504.08)Sec. 4.08. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.09) (from Ch. 111 1/2, par. 5504.09)Sec. 4.09. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.10) (from Ch. 111 1/2, par. 5504.10)Sec. 4.10. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.11) (from Ch. 111 1/2, par. 5504.11)Sec. 4.11. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.12) (from Ch. 111 1/2, par. 5504.12)Sec. 4.12. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.13) (from Ch. 111 1/2, par. 5504.13)Sec. 4.13. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.14) (from Ch. 111 1/2, par. 5504.14)Sec. 4.14. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.15) (from Ch. 111 1/2, par. 5504.15)Sec. 4.15. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.16) (from Ch. 111 1/2, par. 5504.16)Sec. 4.16. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.17) (from Ch. 111 1/2, par. 5504.17)Sec. 4.17. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.18) (from Ch. 111 1/2, par. 5504.18)Sec. 4.18. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.19) (from Ch. 111 1/2, par. 5504.19)Sec. 4.19. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.20) (from Ch. 111 1/2, par. 5504.20)Sec. 4.20. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.21) (from Ch. 111 1/2, par. 5504.21)Sec. 4.21. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.21a) (from Ch. 111 1/2, par. 5504.21a)Sec. 4.21a. 
		(Repealed). 
		(Source: P.A. 88-1.  Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.22) (from Ch. 111 1/2, par. 5504.22)Sec. 4.22. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.23) (from Ch. 111 1/2, par. 5504.23)Sec. 4.23. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.24) (from Ch. 111 1/2, par. 5504.24)Sec. 4.24. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.25) (from Ch. 111 1/2, par. 5504.25)Sec. 4.25. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.26) (from Ch. 111 1/2, par. 5504.26)Sec. 4.26. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.27) (from Ch. 111 1/2, par. 5504.27)Sec. 4.27. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.28) (from Ch. 111 1/2, par. 5504.28)Sec. 4.28. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.29) (from Ch. 111 1/2, par. 5504.29)Sec. 4.29. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/4.30) (from Ch. 111 1/2, par. 5504.30)Sec. 4.30. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/5) (from Ch. 111 1/2, par. 5505)Sec. 5. 
		(Repealed). 
		(Source: P.A. 88-45. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/6) (from Ch. 111 1/2, par. 5506)Sec. 6. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/7) (from Ch. 111 1/2, par. 5507)Sec. 7. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/7.1) (from Ch. 111 1/2, par. 5507.1)Sec. 7.1. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/8) (from Ch. 111 1/2, par. 5508)Sec. 8. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/9) (from Ch. 111 1/2, par. 5509)Sec. 9. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/10) (from Ch. 111 1/2, par. 5510)Sec. 10. 
		(Repealed). 
		(Source: P.A. 88-564, eff. 1-1-95. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/10.1) (from Ch. 111 1/2, par. 5510.1)Sec. 10.1. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/10.2) (from Ch. 111 1/2, par. 5510.2)Sec. 10.2. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/10.3) (from Ch. 111 1/2, par. 5510.3)Sec. 10.3. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/11) (from Ch. 111 1/2, par. 5511)Sec. 11. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/11.1) (from Ch. 111 1/2, par. 5511.1)Sec. 11.1. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/12) (from Ch. 111 1/2, par. 5512)Sec. 12. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/13) (from Ch. 111 1/2, par. 5513)Sec. 13. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/13.1) (from Ch. 111 1/2, par. 5513.1)Sec. 13.1. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/13.2) (from Ch. 111 1/2, par. 5513.2)Sec. 13.2. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/13.3) (from Ch. 111 1/2, par. 5513.3)Sec. 13.3. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/14) (from Ch. 111 1/2, par. 5514)Sec. 14. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/14.1)Sec. 14.1. 
		(Repealed). 
		(Source: P.A. 89-105.  Repealed by P.A. 89-177, eff. 7-19-95;
re-repealed by P.A. 89-626, eff. 8-9-96.) (210 ILCS 50/15) (from Ch. 111 1/2, par. 5515)Sec. 15. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/16) (from Ch. 111 1/2, par. 5516)Sec. 16. 
		(Repealed). 
		(Source: P.A. 88-45. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/17) (from Ch. 111 1/2, par. 5517)Sec. 17. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/18) (from Ch. 111 1/2, par. 5518)Sec. 18. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/19) (from Ch. 111 1/2, par. 5519)Sec. 19. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/20) (from Ch. 111 1/2, par. 5520)Sec. 20. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/21) (from Ch. 111 1/2, par. 5521)Sec. 21. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/22) (from Ch. 111 1/2, par. 5522)Sec. 22. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/23) (from Ch. 111 1/2, par. 5523)Sec. 23. 
		(Repealed). 
		(Source: P.A. 88-45. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/24) (from Ch. 111 1/2, par. 5524)Sec. 24. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/25) (from Ch. 111 1/2, par. 5525)Sec. 25. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/26) (from Ch. 111 1/2, par. 5526)Sec. 26. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/27) (from Ch. 111 1/2, par. 5527)Sec. 27. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/27.1) (from Ch. 111 1/2, par. 5527.1)Sec. 27.1. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/27.2) (from Ch. 111 1/2, par. 5527.2)Sec. 27.2. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/28) (from Ch. 111 1/2, par. 5528)Sec. 28. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/29) (from Ch. 111 1/2, par. 5529)Sec. 29. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/29.1) (from Ch. 111 1/2, par. 5529.1)Sec. 29.1. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/30) (from Ch. 111 1/2, par. 5530)Sec. 30. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/31) (from Ch. 111 1/2, par. 5531)Sec. 31. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/32) (from Ch. 111 1/2, par. 5532)Sec. 32. 
		(Repealed). 
		(Source: P.A. 88-1. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 50/32.5)Sec. 32.5. Freestanding Emergency Center.(a) The Department shall issue an annual Freestanding Emergency Center (FEC)
license to any facility that has received a permit from the Health Facilities and Services Review Board to establish a Freestanding Emergency Center by January 1, 2015, and:(1) is located: (A) in a municipality with a     population of 50,000 or fewer inhabitants; (B) within 50 miles of the hospital that owns or controls the FEC; and (C) within 50 miles of the Resource Hospital affiliated with the FEC as part of the EMS System;(2) is wholly owned or controlled by an Associate or     Resource Hospital, but is not a part of the hospital's physical plant;(3) meets the standards for licensed FECs, adopted by     rule of the Department, including, but not limited to:(A) facility design, specification, operation,         and maintenance standards;(B) equipment standards; and(C) the number and qualifications of emergency         medical personnel and other staff, which must include at least one board certified emergency physician present at the FEC 24 hours per day.(4) limits its participation in the EMS System     strictly to receiving a limited number of patients by ambulance: (A) according to the FEC's 24-hour capabilities; (B) according to protocols developed by the Resource Hospital within the FEC's designated EMS System; and (C) as pre-approved by both the EMS Medical Director and the Department;(5) provides comprehensive emergency treatment     services, as defined in the rules adopted by the Department pursuant to the Hospital Licensing Act, 24 hours per day, on an outpatient basis;(6) provides an ambulance and maintains on site     ambulance services staffed with paramedics 24 hours per day;(7) (blank);(8) complies with all State and federal patient     rights provisions, including, but not limited to, the Emergency Medical Treatment Act and the federal Emergency Medical Treatment and Active Labor Act;(9) maintains a communications system that is fully     integrated with its Resource Hospital within the FEC's designated EMS System;(10) reports to the Department any patient transfers     from the FEC to a hospital within 48 hours of the transfer plus any other data determined to be relevant by the Department;(11) submits to the Department, on a quarterly basis,     the FEC's morbidity and mortality rates for patients treated at the FEC and other data determined to be relevant by the Department;(12) does not describe itself or hold itself out to     the general public as a full service hospital or hospital emergency department in its advertising or marketing activities;(13) complies with any other rules adopted by the     Department under this Act that relate to FECs;(14) passes the Department's site inspection for     compliance with the FEC requirements of this Act;(15) submits a copy of the permit issued by the     Health Facilities and Services Review Board indicating that the facility has complied with the Illinois Health Facilities Planning Act with respect to the health services to be provided at the facility;(16) submits an application for designation as an FEC     in a manner and form prescribed by the Department by rule; and(17) pays the annual license fee as determined by the     Department by rule.(a-5) Notwithstanding any other provision of this Section, the Department may issue an annual FEC license to a facility that is located in a county that does not have a licensed general acute care hospital if the facility's application for a permit from the Illinois Health Facilities Planning Board has been deemed complete by the Department of Public Health by January 1, 2014 and if the facility complies with the requirements set forth in paragraphs (1) through (17) of subsection (a).(a-10) Notwithstanding any other provision of this Section, the Department may issue an annual FEC license to a facility if the facility has, by January 1, 2014, filed a letter of intent to establish an FEC and if the facility complies with the requirements set forth in paragraphs (1) through (17) of subsection (a).(a-15)   Notwithstanding any other provision of this Section, the Department shall issue an
annual FEC license to a facility if the facility: (i) discontinues operation as a hospital within 180 days after December 4, 2015 (the effective date of Public Act 99-490) with a Health Facilities and Services Review Board project number  of E-017-15; (ii) has an application for a permit to establish an FEC from the Health Facilities and Services Review Board that is deemed complete by January 1, 2017; and (iii) complies with the requirements set forth in paragraphs (1) through (17) of subsection (a) of this Section.(a-20)  Notwithstanding any other provision of this Section, the Department shall issue an annual FEC license to a facility if:(1) the facility is a hospital that has discontinued     inpatient hospital services;(2) the Department of Healthcare and Family Services     has approved the conversion to an FEC as a project subject to the hospital's transformation under subsection (d-5) of Section 14-12 of the Illinois Public Aid Code;(3) the facility complies with the requirements set     forth in paragraphs (1) through (17), provided however that the FEC may be located in a municipality with a population greater than 50,000 inhabitants and shall not be subject to the requirements of the Illinois Health Facilities Planning Act that are applicable to the conversion to an FEC if the Department of Healthcare and Family Services has approved the conversion to an FEC as a project subject to the hospital's transformation under subsection (d-5) of Section 14-12 of the Illinois Public Aid Code; and(4) the facility is located at the same physical     location where the facility served as a hospital.(b) The Department shall:(1) annually inspect facilities of initial FEC     applicants and licensed FECs, and issue annual licenses to or annually relicense FECs that satisfy the Department's licensure requirements as set forth in subsection (a);(2) suspend, revoke, refuse to issue, or refuse to     renew the license of any FEC, after notice and an opportunity for a hearing, when the Department finds that the FEC has failed to comply with the standards and requirements of the Act or rules adopted by the Department under the Act;(3) issue an Emergency Suspension Order for any FEC     when the Director or his or her designee has determined that the continued operation of the FEC poses an immediate and serious danger to the public health, safety, and welfare. An opportunity for a hearing shall be promptly initiated after an Emergency Suspension Order has been issued; and(4) adopt rules as needed to implement this Section.
(Source: P.A. 100-581, eff. 3-12-18; 101-650, eff. 7-7-20.) (210 ILCS 50/33)Sec. 33. 
		Continuation of Act; validation.(a) The General Assembly finds and declares that:(1) When the Emergency Medical Services (EMS) Systems     Act was originally enacted by Public Act 81-1518, effective December 15, 1980, it included a Section 25, which repealed the Act on January 1, 1986.  This Section appeared in the Laws of Illinois, but was not included in Illinois revised statutes.(2) Public Act 84-1064, effective November 27, 1985,     added a new Section 25, relating to violations and penalties; it did not explicitly refer to or strike out the existing Section 25.  The new Section 25 is the only Section 25 to appear in subsequent publications of the Illinois Revised Statutes.(3) The Statute on Statutes sets forth general rules     on the repeal of statutes and the construction of multiple amendments, but Section 1 of that Act also states that these rules will not be observed when the result would be "inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute".(4) The General Assembly later amended the Emergency     Medical Services (EMS) Systems Act in Public Act 84-1404, effective September 18, 1986, which contained important provisions for establishing trauma centers throughout the State.  The Act has also been amended by every subsequent General Assembly, and has been administered without interruption by the Illinois Department of Public Health.(5) This history of continuing amendments to the     Emergency Medical Services (EMS) Systems Act, including the addition of important new programs, clearly manifests the intention of the General Assembly to remove the old Section 25 repealer and have the Act continue in effect beyond January 1, 1986.(6) The Emergency Medical Services (EMS) Systems Act     contains a number of programs that are essential to the continuing health and safety of the people of this State.  Any construction of Section 25 that results in the repeal of the Act on January 1, 1986 would be inconsistent with the manifest intent of the General Assembly and repugnant to the context of the statute, and would create serious potential risks to the health and safety of the people of Illinois.(b) It is hereby declared to have been the intent of the General Assembly,
in enacting Public Act 84-1064, that the old Section 25 be replaced by the new
Section 25, and that the Act therefore not be subject to repeal on January 1,
1986.(c) The Emergency Medical Services (EMS) Systems Act shall be deemed to have
been in continuous effect since its enactment, and it shall continue to be in
effect henceforward until it is otherwise lawfully repealed.  All previously
enacted amendments to the Act taking effect on or after January 1, 1986, are
hereby validated.(d) All actions taken in reliance on or pursuant to the Emergency Medical
Services (EMS) Systems Act by the Illinois Department of Public Health or any
other person or entity are hereby validated.(e) In order to ensure the continuing effectiveness of this Act, it is set
forth in full and re-enacted by this amendatory Act of 1993.  This re-enactment
is intended as a continuation of the Act.  It is not intended to supersede any
amendment to the Act that is enacted by the 88th General Assembly.(f) This Act applies to all claims, civil actions, and proceedings pending
on or filed on or before the effective date of this Act.
		(Source: P.A. 88-1.)
(210 ILCS 55/1) (from Ch. 111 1/2, par. 2801)Sec. 1. This Act shall be known and may be cited as
the Home Health, Home Services, and Home Nursing Agency Licensing Act.
					(Source: P.A. 94-379, eff. 1-1-06.) (210 ILCS 55/1.01) (from Ch. 111 1/2, par. 2801.01)Sec. 1.01. It is declared to be the public policy that the State has
a legitimate interest in assuring that all home health services, home nursing services, and in-home support services provided
to a person at his residence are performed under circumstances that insure
consumer protection and quality care.  Therefore, the purpose of this Act is to provide for the
better protection of the public health, well-being, and safety through the development, establishment,
and enforcement of standards for services, as well as standards  for the care of individuals receiving home
health services and home nursing services, and in the light of advancing knowledge, will provide a
viable alternative to the premature institutionalization of these individuals.It is further declared that health care and support services  are provided in the consumer's home by 3 basic types of agencies:  home health care, home nursing care, and home support services.  It is further understood that each type of agency delivers a different type and scope of care or service.  Further, individuals providing the care or service require different levels of education, training, and supervision.  Therefore, different types of regulatory oversight are required.
					
					(Source: P.A. 94-379, eff. 1-1-06.) (210 ILCS 55/2) (from Ch. 111 1/2, par. 2802)Sec. 2. As used in this Act, unless the context requires
otherwise, the terms defined in the following Sections preceding Section 3

have the meanings ascribed to them in those Sections.
					(Source: P.A. 94-379, eff. 1-1-06; 95-331, eff. 8-21-07.) (210 ILCS 55/2.01) (from Ch. 111 1/2, par. 2802.01)Sec. 2.01. 
		
		"Department" means the Department of Public Health of the State
of Illinois.
		(Source: P.A. 80-804.) (210 ILCS 55/2.02) (from Ch. 111 1/2, par. 2802.02)Sec. 2.02. 
		
		"Director" means the Director of Public Health of the State
of Illinois, or his designee.
		(Source: P.A. 86-130.) (210 ILCS 55/2.03) (from Ch. 111 1/2, par. 2802.03)Sec. 2.03. 
		
		"Person" means any individual, firm, partnership,
corporation, company, association, or any other legal entity.
		(Source: P.A. 80-804.) (210 ILCS 55/2.03a)Sec. 2.03a. "Agency" means a home health agency, home nursing agency, or home services agency unless specifically stated otherwise.
(Source: P.A. 94-379, eff. 1-1-06.) (210 ILCS 55/2.04) (from Ch. 111 1/2, par. 2802.04)Sec. 2.04. 
		
		"Home Health Agency" means a public agency or private organization
that provides skilled nursing services and at least one other home health
service as defined by this Act.
		(Source: P.A. 80-804.) (210 ILCS 55/2.05) (from Ch. 111 1/2, par. 2802.05)Sec. 2.05. 
"Home health services" means services provided
to a person at his residence according to a plan of treatment
for illness or infirmity
prescribed by a physician licensed to practice medicine in all its branches, a licensed physician assistant, or a licensed advanced practice registered nurse.  Such services include part time and
intermittent nursing services and other therapeutic services
such as physical therapy, occupational therapy, speech therapy,
medical social services, or services provided by a home health aide.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.) (210 ILCS 55/2.08)Sec. 2.08. "Home services agency" means an agency that provides services directly, or acts as a placement agency, for the purpose of placing individuals as workers providing home services for consumers in their personal residences.  "Home services agency" does not include agencies licensed under the Nurse Agency Licensing Act, the Hospital Licensing Act, the Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD Act, the Specialized Mental Health Rehabilitation Act of 2013, or the Assisted Living and Shared Housing Act and does not include an agency that limits its business exclusively to providing housecleaning services.  Programs providing services exclusively through the Community Care Program of the Illinois Department on Aging, the Department of Human Services Office of Rehabilitation Services, or the United States Department of Veterans Affairs are not considered to be a home services agency under this Act.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.) (210 ILCS 55/2.09)Sec. 2.09. "Home services" or "in-home services" means assistance with activities of daily living, housekeeping, personal laundry, and companionship provided to an individual in his or her personal residence, which are intended to enable that individual to remain safely and comfortably in his or her own personal residence.  "Home  services" or "in-home services" does not include services that would be required to be performed by an individual licensed under the Nurse Practice Act.
					(Source: P.A. 94-379, eff. 1-1-06; 95-639, eff. 10-5-07.) (210 ILCS 55/2.10)Sec. 2.10. "Home services worker" or "in-home services worker" means an individual who provides home services to a consumer in the consumer's personal residence.
(Source: P.A. 94-379, eff. 1-1-06.) (210 ILCS 55/2.11)Sec. 2.11. "Home nursing agency" means an agency that provides services directly, or acts as a placement agency, in order to deliver skilled nursing and home health aide services to persons in their personal residences.  A home nursing agency provides services that would require a licensed nurse to perform. Home health aide services are provided under the direction of a registered professional nurse or advanced practice registered nurse.  A home nursing agency does not require licensure as a home health agency under this Act.  "Home nursing agency" does not include an individually licensed nurse acting as a private contractor or a person that provides or procures temporary employment in health care facilities, as defined in the Nurse Agency Licensing Act.
(Source: P.A. 100-513, eff. 1-1-18.) (210 ILCS 55/2.12)Sec. 2.12. "Placement agency" means any person engaged for gain or profit in the business of securing or attempting to secure (i) work for hire for persons seeking work or (ii) workers for employers. The term includes a private employment agency and any other entity that places a worker for private hire by a consumer in that consumer's residence for purposes of providing home services. The term does not include a person that provides or procures temporary employment in health care facilities, as defined in the Nurse Agency Licensing Act.
(Source: P.A. 94-379, eff. 1-1-06.) (210 ILCS 55/3) (from Ch. 111 1/2, par. 2803)Sec. 3. 
		
		No person shall open, manage, conduct or maintain a home
health agency, or advertise as such, without a license issued by the Department.
		(Source: P.A. 81-490.) (210 ILCS 55/3.3)Sec. 3.3. Home services agency; license required. On and after September 1, 2008, no person shall open, manage, conduct, or maintain a home services agency, or advertise himself or herself as a  home services agency or as offering services that would be included in the definition of home services or a home services agency, without a license issued by the Department.  The Department shall adopt rules as necessary to protect the health, safety, and well-being of clients through licensure of home services agencies.
(Source: P.A. 94-379, eff. 1-1-06.) (210 ILCS 55/3.7)Sec. 3.7. Home nursing agency; license required. On and after September 1, 2008, no person shall open, manage, conduct, or maintain a home nursing agency, or advertise himself or herself as a home nursing agency or as offering services that would be included in the definition of a home nursing agency, without a license issued by the Department.  The Department shall adopt rules as  necessary to protect the health, safety, and well-being of clients through licensure of home nursing agencies.
(Source: P.A. 94-379, eff. 1-1-06.) (210 ILCS 55/3.8)Sec. 3.8. Referrals; license required. A hospital licensed under  the Hospital Licensing Act, hospital operated under the University of Illinois Hospital Act, facility licensed under the Nursing Home Care Act, or health care provider licensed under any Act of this State that receives funds from this State may not refer a patient or the family of a patient to an agency unless the agency is licensed under this Act.
(Source: P.A. 100-99, eff. 1-1-18.) (210 ILCS 55/4) (from Ch. 111 1/2, par. 2804)Sec. 4. Types of licenses.(a) If an applicant for licensure has not been previously licensed, or
if the home health agency, home services agency, or home nursing agency is not in operation at the time application is
made, the Department may issue a provisional license.  A provisional
license shall be valid for a period of 120 days unless sooner suspended or
revoked pursuant to Section 9 of this Act.  Within 30 days prior to the
termination of a provisional license, the Department shall inspect the agency and, if the applicant substantially meets the requirements
for licensure, it shall issue a license under this Section.  If the Department
finds that a holder of a provisional license does not substantially meet
the requirements for licensure, but has made significant progress toward
meeting those requirements, the Director may renew the provisional license
once for a period not to exceed 120 days from the expiration date of the
initial provisional license.(b)(1) The Director may also issue a provisional license to any licensed
 agency which does not substantially comply with the provisions
of this Act and the rules promulgated hereunder, provided he finds that
the health, safety, and well-being of the clients of the agency will be
protected during the period for which such provisional license is issued.
The term of such provisional license shall not exceed 120 days.(2) The Director shall advise the licensee of the conditions under which
such provisional license is issued, including the manner in which the
licensee fails to comply with the provisions of the Act or rules, and the
time within which the corrections necessary for the agency to
substantially comply with the Act and rules shall be completed.(3) The Director, at his discretion, may extend the term of such
provisional license for an additional 120 days, if he finds that the agency has made substantial progress toward correcting the
violations and bringing the agency into full compliance with
this Act and the rules promulgated hereunder.(c) An annual license shall be issued to
any person conducting or maintaining a home health agency upon receipt
of an application and payment of the
licensure fee, and when
the other requirements of this Act, and the standards, rules and
regulations promulgated hereunder, are met.  The fee for each single home health agency license or any
renewal shall be $25.(d) The Department shall establish, by rule, a system whereby an entity that meets the requirements for licensure may obtain licensure singly or in any combination for the categories authorized under this Act. The Department shall develop and implement one application to be used even if a combination of licenses authorized under the Act is sought. Applicants for multiple licenses under this system shall pay the higher of the licensure fees applicable. Fees collected under this system shall be deposited into the Home Care Services Agency Licensure Fund.
					
					(Source: P.A. 94-379, eff. 1-1-06.) (210 ILCS 55/5) (from Ch. 111 1/2, par. 2805)Sec. 5. 
		
		(a) Each application for a home health agency
provisional license as provided in Section 4 shall contain
the following information: (1) name, address and location of
the agency; (2) organization and governing structure of agency;
(3) number and qualification of staff; (4) sources of financing
of services and agency; (5) service area; (6) patient load; (7)
agency utilization; (8) service charges; (9) affiliation
agreements with other health care providers;
and (10) such other information as the Department may require.(b) Applications for licenses to be effective on and after
March 1, 1978, shall be in accordance with departmental regulations.
		(Source: P.A. 80-804.) (210 ILCS 55/6) (from Ch. 111 1/2, par. 2806)Sec. 6. 
		
		The Department shall, before March 1, 1978, promulgate
standards for home health agencies operated in this State.   The
Department shall issue such rules and regulations as are deemed
necessary for the proper regulation of home health agencies.
		(Source: P.A. 81-149; 81-490; 81-1509.) (210 ILCS 55/6.3)Sec. 6.3. Home services agencies; standards; fees.(a) Before January 1, 2008, the Department shall adopt standards for the licensure and operation of home services agencies operated in this State.  The structure of the standards shall be based on the concept of home services and its focus on assistance with activities of daily living, housekeeping, personal laundry, and companionship being provided to an individual intended to enable that individual to remain safely and comfortably in his or her own personal residence.  As home services do not include services that would be required to be performed by an individual licensed under the Nurse Practice Act, the standards shall be developed from a similar concept.  After consideration and recommendations by the Home Health and Home Services Advisory Committee, the Department shall adopt such rules and regulations as are necessary for the proper regulation of home services agencies.  Requirements for licensure as a home services agency shall include the following:(1) Compliance with the requirements of the Health     Care Worker Background Check Act.(2) Notification, in a form and manner established by     the Department by rule, to home services workers and consumers as to the party or parties responsible under State and federal laws for payment of employment taxes, social security taxes, and workers' compensation, liability, the day-to-day supervision of workers, and the hiring, firing, and discipline of workers with the placement arrangement for home services.(3) Compliance with rules, as adopted by the     Department, in regard to (i) reporting by the licensee of any known or suspected incidences of abuse, neglect, or financial exploitation of an eligible adult, as defined in the Adult Protective Services Act, by a home services worker employed by or placed by the licensee or (ii) reports to a law enforcement agency in connection with any other individual protected under the laws of the State of Illinois.(4) Compliance with rules, as adopted by the     Department, addressing the health, safety, and well-being of clients receiving home services.(b) The Department may establish fees for home services agency licensure in rules in a manner that will make the program self-supporting.  The amount of the licensure fees shall be based on the funding required for operation of the licensure program. Notwithstanding any other provision of this Section, the Department may not charge any fee to a certified local health department in connection with the licensure of a home services agency. 
(Source: P.A. 98-49, eff. 7-1-13.) (210 ILCS 55/6.4)Sec. 6.4. Oversight and direction of skilled home care services.  A physician licensed in another state may oversee or direct the delivery of skilled home care services provided by home health and home nursing agencies licensed in Illinois following care or treatment originally provided to the patient in the state in which the physician is licensed to practice medicine until care is transitioned to a physician licensed to practice medicine in all its branches in Illinois under the following conditions:(1) The out-of-state physician shall ask the patient     whether the patient has a primary care physician in Illinois. If the patient has a primary care physician in Illinois, the out-of-state physician shall contact the primary care physician and obtain the concurrence of that individual for ordering home health care services. The out-of-state physician shall make a notation of that contact in the patient's medical record.(2)  The transition period may not exceed 90 days of     skilled home care services except as provided by paragraph (3) of this Section.(3) The transition period may be up to 180 days of     skilled home care services for patients where home health services are needed to care for 2 or more medical conditions requiring intensive management by 2 or more physicians, with documentation supporting unsuccessful efforts in identifying an appropriate physician in Illinois within the initial 90-day time period.(4)  Any significant change in the patient's     condition shall be communicated by the Illinois licensed agency to the out-of-state physician and the patient's Illinois licensed physician.(5)  A copy of the license or evidence of licensure     by another state of the out-of-state physician must be retained in the patient's chart. (Source: P.A. 98-448, eff. 1-1-14.) (210 ILCS 55/6.5)Sec. 6.5. Vaccinations.(a) A home health agency shall annually administer or arrange for administration of a vaccination against influenza to each client, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention that are most recent to the time of vaccination, unless the vaccination is medically contraindicated or the client has refused the vaccine.  Influenza vaccinations for all clients age 65 or over shall be completed by November 30 of each year or as soon as practicable if vaccine supplies are not available before November 1.  Home health clients whose services start after November 30, during the flu season, and until February 1 shall, as medically appropriate, receive an influenza vaccination prior to or upon service initiation or as soon as practicable if vaccine supplies are not available at the time of the service initiation, unless the vaccine is medically contraindicated or the client has refused the vaccine. If the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention determines that dates of administration other than those stated in this Section are optimal to protect the health of clients, the Department may adopt rules to mandate vaccinations at those times rather than the times stated in this Section. A home health agency shall document in the client's medical record that an annual vaccination against influenza was administered, arranged, refused, or medically contraindicated.(b) A home health agency shall administer or arrange for administration of a pneumococcal vaccination, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, to each client who is age 65 or over and who has not received this immunization prior to or upon service initiation, unless the client refuses the offer for vaccination or the vaccination is medically contraindicated.  A home health agency shall document in each client's medical record that a vaccination against pneumococcal pneumonia was offered and was administered, arranged, refused, or medically contraindicated.
(Source: P.A. 94-429, eff. 8-2-05.) (210 ILCS 55/6.7)Sec. 6.7. Home nursing agencies; standards; fees.(a) Before January 1, 2008, the Department shall adopt standards for the licensure and operation of home nursing agencies operated in this State.  After consideration and recommendations by the Home Health and Home  Services Advisory Committee, the Department shall adopt such rules as are necessary for the proper regulation of home nursing agencies.  Requirements for licensure as a home nursing agency shall include the following:(1) Compliance with the requirements of the Health     Care Worker Background Check Act.(2) Notification, in a form and manner established by     the Department by rule, to home nursing agency workers and consumers as to the party or parties responsible under State and federal laws for payment of employment taxes, social security taxes, and workers' compensation, liability, the day-to-day supervision of workers, and the hiring, firing, and discipline of workers with the placement arrangement for home nursing services.(3) Compliance with rules, as adopted by the     Department, in regard to (i) reporting by the licensee of any known or suspected incidences of abuse, neglect, or financial exploitation of an eligible adult, as defined in the Adult Protective Services Act, by a home nursing care worker employed by or placed by the licensee or (ii) reports to a law enforcement agency in connection with any other individual protected under the laws of the State of Illinois.(4) Compliance with rules, as adopted by the     Department, addressing the health, safety, and well-being of clients receiving home nursing services.(b) The Department may establish fees for home nursing agency licensure in rules in a manner that will make the program self-supporting.  The amount of the licensure fees shall be based on the funding required for the operation of the licensure program. Notwithstanding any other provision of this Section, the Department may not charge any fee to a certified local health department in connection with the licensure of a home nursing agency. 
(Source: P.A. 98-49, eff. 7-1-13.) (210 ILCS 55/7) (from Ch. 111 1/2, par. 2807)Sec. 7. (a) The Director shall appoint a Home Health
and Home Services Advisory Committee composed of 15 persons to advise and consult
with the Director in the administration of this Act.  Five of
the appointed members shall represent the home health agency
profession. 
						Of these 5, one shall represent voluntary home health agencies, one shall
represent for-profit home health agencies, one shall represent private
not-for-profit home health agencies, one shall represent institution-based
home health agencies, and one shall represent home health agencies operated
by local health departments.  Four of the appointed members shall represent the home services agency profession. Four of the appointed
members shall represent the general public in the following categories: one individual who is a consumer of home health services or a family member of a consumer of home health services; one individual who is a consumer of home services or a family member of a consumer of home services; one individual who is a home services worker; and one individual who is a representative of an organization that advocates for consumers.
One member shall be a practicing Illinois licensed physician; and one member
shall be an Illinois registered professional nurse with home health agency
experience.  The recommendations of professional, home health industry, and home services industry organizations may be considered in selecting
individuals for appointment to the Home Health and Home Services Advisory Committee.(b) Each member shall hold office for a term of 3 years,
except that any member appointed to fill a vacancy occurring
prior to the expiration of the
term for which his predecessor was appointed shall be appointed
for the remainder of such term and the terms of office of the
members first taking office shall expire, as designated at the
time of appointment, one at the end of the first year, one at
the end of the second year, and 3 at the end of the third year.
The term of office of each of the original appointees shall
commence on January 1, 1978.(c) The term of office of each of the 6 members appointed to the
Committee as a result of this amendatory Act of 1989 shall commence on
January 1, 1990.  The terms of office of the 6 members appointed as a
result of this amendatory Act of 1989 shall expire, as designated at the
time of appointment, 2 at the end of the first year, 2 at the end of the
second year, and two at the end of the third year.(d) The Committee shall meet as frequently
as the Director deems necessary.  Committee members, while
serving on business of the Committee, shall receive actual
and necessary travel and subsistence expenses while so serving
away from their places of residence.(e) The Committee shall provide input and recommendations to the Department on the development of rules for the licensure of home services agencies and home nursing agencies operating in this State.  On or before July 1, 2007, the Committee shall issue an interim report to the General Assembly on the status of development and implementation of the rules for home services agency and home nursing agency licensure.
					
					(Source: P.A. 94-379, eff. 1-1-06.) (210 ILCS 55/8) (from Ch. 111 1/2, par. 2808)Sec. 8. An application for a license may be denied for any of the
following reasons:(a) failure to meet the minimum standards prescribed     by the Department pursuant to Section 6;(b) satisfactory evidence that the moral character of     the applicant or supervisor of the agency is not reputable.  In determining moral character, the Department may take into consideration any convictions of the applicant or supervisor but such convictions shall not operate as a bar to licensing;(c) lack of personnel qualified by training and     experience to properly perform the function of a home health agency;(d) insufficient financial or other resources to     operate and conduct a home health, home services, or home nursing agency in accordance with the requirements of this Act and the minimum standards, rules and regulations promulgated thereunder; or(e) a final determination, that includes exhaustion     of all available appeal and administrative review rights, of a violation of Section 1400 or 1400.2 of the Unemployment Insurance Act or subsection (d) of Section 4 of the Workers' Compensation Act. (Source: P.A. 100-536, eff. 6-1-18.) (210 ILCS 55/9) (from Ch. 111 1/2, par. 2809)Sec. 9. 
		
		A license may be suspended, revoked, or a renewal thereof
denied for any of the following reasons:(a) a violation of any provision of this Act or of the
minimum standards, rules, regulations or orders of the
Department promulgated thereunder;(b) any ground upon which an application for a license
may be denied as set forth in Section 8.
		(Source: P.A. 86-130.) (210 ILCS 55/9.01) (from Ch. 111 1/2, par. 2809.01)Sec. 9.01. The Department may conduct any such investigations and
inspections as it deems necessary to assess compliance with this Act and
the rules and regulations promulgated pursuant thereto.  Investigations and
inspections may include the direct observation of patient care or the provision of home services in the home,
if consent is given by the consumer or patient under treatment.  Agencies
						
licensed under this Act shall make available to the Department all books,
records, policies and procedures, or any other materials requested during
the course of an investigation or inspection.  Refusal to make such
materials available to the Department shall be grounds for license
revocation, or the imposition of any other penalty provided in this Act.
					(Source: P.A. 94-379, eff. 1-1-06.) (210 ILCS 55/9.02) (from Ch. 111 1/2, par. 2809.02)Sec. 9.02. When the Department determines that an agency is
in violation of this Act or any rule promulgated hereunder, a notice of
violation shall be served upon the licensee.  Each notice of violation
shall be prepared in writing and shall specify the nature of the violation
and the statutory provision or rule alleged to have been violated.  The
notice shall inform the licensee of any action the Department may take
under this Act, including the requirement of an agency plan of
correction under Section 9.03, assessment of a penalty under Section 9.04,
or licensure action under Section 9.  The Director or his designee shall
also inform the licensee of rights to a hearing under Section 10.
					(Source: P.A. 94-379, eff. 1-1-06.) (210 ILCS 55/9.03) (from Ch. 111 1/2, par. 2809.03)Sec. 9.03. (a) Each agency served with a notice of
violation under Section 9.02 of this Act shall file with the Department a
written plan of correction within 10 days of receipt of the notice. The
plan of correction is subject to approval of the Department.
The plan of correction shall
state with particularity the method by which the agency intends
to correct each violation and shall contain a stated date by which each
violation shall be corrected.(b) If the Department rejects a plan of correction, it shall send notice
of the rejection and the reason for the rejection to the licensee.  The
 agency shall have 10 days after receipt of the notice of
rejection in which to submit a modified plan.  If the modified plan is not
submitted on time, or if the modified plan is rejected, the 
agency shall follow a plan of correction imposed by the Department.(c) If an agency desires to contest any Department action
under this Section, it shall send a written request for a hearing under
Section 10 to the Department within 10 days of receipt of notice of the
contested action.  The Department shall commence the hearing as provided
under Section 10.  Whenever possible, all action of the Department under
this Section arising out of a violation shall be contested and determined
at a single hearing.  Issues decided at a hearing may not be reheard at
subsequent hearings under this Section.
					(Source: P.A. 94-379, eff. 1-1-06.) (210 ILCS 55/9.04) (from Ch. 111 1/2, par. 2809.04)Sec. 9.04. (a) The licensee of an agency operating in
violation of this Act or any rule adopted hereunder may be subject to the
penalties or fines levied by the Department as specified in this Section.(b) When the Director determines that an agency has failed to
comply with this Act or any rule adopted hereunder, the Department may
issue a notice of fine assessment which shall specify the violations for
which the fine is levied.  The Department may impose a fine of $100 per day
commencing on the date the violation was identified and ending on the date
the violation is corrected, or action is taken to suspend, revoke, or deny
renewal of the license, whichever comes first.(c) In determining whether a fine is to be imposed, the Director shall
consider the following factors:(1) the gravity of the violation, including the     probability that death or serious physical or mental harm to a patient or consumer will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or regulations were violated;(2) the reasonable diligence exercised by the     licensee and efforts to correct violations;(3) any previous violations committed by the     licensee; and(4) the financial benefit to the agency of committing     or continuing the violation.					(Source: P.A. 94-379, eff. 1-1-06.) (210 ILCS 55/10) (from Ch. 111 1/2, par. 2810)Sec. 10. 
		
		(a)  Before denying an
application, refusing to renew a license, suspending a
license, revoking a license, or levying a fine, the
Department shall notify the applicant or licensee.(b) Such notice shall be effected by certified mail
or by personal service setting forth the particular reasons for the
proposed action and informing the agency of its right to request a
hearing to contest the Department action by submitting a written request
for a hearing within 10 days of receipt of the notice. Such hearing shall
be conducted by the
Director, by an employee of the Department, or by a person
under contract to the Department designated in writing by
the Director as Hearing Officer to conduct the hearing. On the basis of
any such hearing, or upon default of the applicant or licensee, the
Director shall make a determination specifying his findings and
conclusions.(c) The procedure governing hearings authorized by this Section
shall be in accordance with the Illinois Administrative Procedure Act
which is expressly adopted and incorporated herein as if all of the
provisions of such Act were included in this Act, except that in case of
conflict between the two Acts the provisions of this Act shall control.(d) The Director or Hearing Officer shall upon his own motion, or on
the written request of any party to the proceeding, issue subpoenas
requiring the attendance and the giving of testimony by witnesses, and
subpoenas duces tecum requiring the production of books, papers,
records, or memoranda. All subpoenas and subpoenas duces tecum issued
under the terms of this Act may be served by any person of full age. The
fees of witnesses for attendance and travel shall be the same as the
fees of witnesses before the circuit court of this State, such fees to
be paid when the witness is excused from further attendance. When the
witness is subpoenaed at the instance of the Director, or Hearing
Officer, such fees shall be paid in the same manner as other expenses of
the Department, and when the witness is subpoenaed at the instance of
any other party to any such proceeding the Department may require that
the cost of service of the subpoena or subpoena duces tecum and the fee
of the witness be borne by the party at whose instance the witness is
summoned. In such case, the Department in its discretion, may require a
deposit to cover the cost of such service and witness fees. A subpoena
or subpoena duces tecum issued as aforesaid shall be served in the same
manner as a subpoena issued out of a court.(e) Any circuit court of this State upon the application of the
Director, or upon the application of any other party to the proceeding,
may, in its discretion, compel the attendance of witnesses, the
production of books, papers, records, or memoranda and the giving of
testimony before the Director or Hearing Officer conducting an
investigation or holding a hearing authorized by this Act, by an
attachment for contempt, or otherwise, in the same manner as production
of evidence may be compelled before the court.(f) The Director or Hearing Officer, or any party in an
investigation or hearing before the Department, may cause the
depositions of witnesses within the State to be taken in the manner
prescribed by law for like depositions in civil actions in courts of
this State, and to that end compel the attendance of witnesses and the
production of books, papers, records, or memoranda.
		(Source: P.A. 86-130.) (210 ILCS 55/10.01) (from Ch. 111 1/2, par. 2810.01)Sec. 10.01. All fines shall be paid to the Department within 10 days
of the notice of assessment or, if the fine is contested under Section 10
of this Act, within 10 days of the receipt of the final decision, unless
the decision is appealed and the order is stayed by court order under
Section 12 of this Act.  A fine assessed under this Act shall be collected
by the Department.  If the licensee against whom the fine has been assessed
does not comply with a written demand for payment within 30 days, the
Director shall issue an order to do any of the following:(a) certify to the Comptroller, as provided by rule     of the Department of delinquent fines due and owing from the licensee or any amounts due and owing as a result of a civil action pursuant to subsection (d) of this Section. The purpose of certification shall be to intercept State income tax refunds and other payments due such licensee in order to satisfy, in whole or in part, any delinquent fines or amounts recoverable in a civil action brought pursuant to subsection (d) of this Section.  The rule shall provide for notice to any such licensee or person affected.  Any final administrative decision rendered by the Department with respect to any certification made pursuant to this subsection (a) shall be reviewed only under and in accordance with the Administrative Review Law;(b) certify to the Social Security Administration, as     provided by rule of the Department, of delinquent fines due and owing from the licensee or any amounts due and owing as a result of a civil action pursuant to subsection (d) of this Section.  The purpose of certification shall be to request the Social Security Administration to intercept and remit to the Department Medicaid reimbursement payments due such licensee in order to satisfy, in whole or in part, any delinquent fines or amounts recoverable in a civil action brought pursuant to subsection (d) of this Section.  The rules shall provide for notice to any such licensee or person affected. Any final administrative decision rendered by the Department with respect to any certification made pursuant to this subsection (b) shall be reviewed only under and in accordance with the Administrative Review Law;(c) add the amount of the penalty to the agency's     licensing fee; if the licensee refuses to make the payment at the time of application for renewal of its license, the license shall not be renewed; or(d) bring an action in circuit court to recover the     amount of the penalty.(Source: P.A. 100-201, eff. 8-18-17.) (210 ILCS 55/10.05)Sec. 10.05. Home Care Services Agency Licensure Fund. The Department shall deposit all fees and fines collected in relation to the licensure of home services agencies and home nursing agencies into the Home Care Services Agency Licensure Fund, a special fund created in the State treasury, for the purpose of providing funding for the administration of the program of home services agency and home nursing agency licensure.
(Source: P.A. 94-379, eff. 1-1-06.) (210 ILCS 55/11) (from Ch. 111 1/2, par. 2811)Sec. 11. (a) Each licensee shall file annually, or more often as the
Director shall by rule prescribe, an attested financial statement. An
audited financial statement may be required of a particular facility, if
the Director determines that additional information is needed.(b) No public funds shall be expended for the services of
a home health agency which has failed to file the
financial statement required by this Section.(c) The Director of the Illinois Department of Public Health and the
Director of the Department of Healthcare and Family Services shall promulgate one
set of regulations for the filing of financial statements, and shall
provide in these regulations for forms, information required, intervals
and dates of filing, and such other provisions as he may deem necessary.
Regulations shall be published in sufficient time to permit those
licensees who must first file financial statements time in which to do
so.(d) The Director shall seek the advice and comments of other State
and Federal agencies which require the submission of financial data from
home health agencies licensed under this Act and shall
incorporate the information
requirements of these agencies into the forms it adopts or issues under
this Act and shall otherwise coordinate its regulations with the
requirements of these agencies so as to impose the least possible burden
on licensees.  No other State agency may require submission of financial
data except as expressly authorized by law or as necessary to meet
requirements of federal law or regulation.  Information obtained under
this Section shall be made available, upon request, by the Department to
any other State agency or legislative commission to which such
information is necessary for investigations or to execute the intent of
State or Federal law or regulation.
					(Source: P.A. 95-331, eff. 8-21-07.) (210 ILCS 55/12) (from Ch. 111 1/2, par. 2812)Sec. 12. Whenever the Department refuses to grant, or revokes or
suspends a license to open,
conduct, operate, or maintain an agency, the
applicant or licensee may
have such decision judicially reviewed. The provisions of the Administrative
Review Law, as heretofore or
hereafter amended, and the rules adopted pursuant thereto shall apply to
and govern all proceedings for the judicial review of final
administrative decisions of the Department hereunder. The term
"administrative decisions" is defined as in Section 3-101 of the Code of
Civil Procedure.
					(Source: P.A. 94-379, eff. 1-1-06.) (210 ILCS 55/13) (from Ch. 111 1/2, par. 2813)Sec. 13. 
		
		This Act does not apply to any home health
agency conducted by and for the adherents of any well
recognized church or religious denomination for the purpose
of providing services for the care or treatment of the sick
who depend upon prayer or spiritual means for healing in the
practice of the religion of such church or religious denomination.
		(Source: P.A. 80-804.) (210 ILCS 55/14) (from Ch. 111 1/2, par. 2814)Sec. 14. The operation or maintenance of an agency in violation
of this Act or of the Rules and Regulations promulgated by the Department
is declared a public nuisance inimical to the public welfare.  The Director
of the Department in the name of the People of the State, through the Attorney
General or the State's Attorney of the county in which the violation occurs,
may in addition to other remedies herein provided, bring action for an injunction
to restrain such violation or to enjoin the future operation or maintenance
of any such agency.
					(Source: P.A. 94-379, eff. 1-1-06.)
(210 ILCS 60/1) (from Ch. 111 1/2, par. 6101)Sec. 1. 
		
		This Act may be cited as the
Hospice Program Licensing Act.
		(Source: P.A. 86-1475.) (210 ILCS 60/2) (from Ch. 111 1/2, par. 6102)Sec. 2. Purpose. The intent of this Act is to ensure quality hospice care to consumers  in the State of Illinois.
This is to be accomplished through the development, establishment and enforcement
of standards governing the care provided by hospice programs.
					(Source: P.A. 94-570, eff. 8-12-05.) (210 ILCS 60/3) (from Ch. 111 1/2, par. 6103)Sec. 3. Definitions. As used in this Act, unless the context otherwise
requires:(a) "Bereavement" means the period of time during which the hospice
patient's family experiences and adjusts to the death of the hospice patient.(a-5) "Bereavement services" means counseling services provided to an individual's family after the individual's death.(a-10) "Attending physician" means a physician who:(1) is a doctor of medicine or osteopathy; and(2) is identified by an individual, at the time the     individual elects to receive hospice care, as having the most significant role in the determination and delivery of the individual's medical care.(b) "Department" means the Illinois Department of Public Health.(c) "Director" means the Director of the Illinois Department of Public
Health.(d) "Hospice care" means a program of palliative care that provides for the physical, emotional, and spiritual care needs of a terminally ill patient and his or her family.  The goal of such care is to achieve the highest quality of life as defined by the patient and his or her family through the relief of suffering and control of symptoms.(e) "Hospice care team" means an interdisciplinary group or groups composed of individuals who provide or supervise the care and services offered by the hospice.(f) "Hospice patient" means a terminally ill person receiving hospice
services.(g) "Hospice patient's family" means a hospice patient's immediate family
consisting of a spouse, sibling, child, parent and those individuals designated
as such by the patient for the purposes of this Act.(g-1) "Hospice residence" means a separately licensed home, apartment building, or similar
building providing living quarters:(1) that is owned or operated by a person licensed to     operate as a comprehensive  hospice; and(2) at which hospice services are provided to     facility residents.A building that is licensed under the Hospital Licensing Act, the Nursing
Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act is not a hospice residence.(h) "Hospice services" means a range of professional and other supportive services provided to a hospice patient and his or her family.  These services may include, but are not limited to, physician services, nursing services, medical social work services, spiritual counseling services, bereavement services, and volunteer services.(h-5) "Hospice program" means a licensed public agency or private organization, or a subdivision of either of those, that is primarily engaged in providing care to terminally ill individuals through a program of home care or inpatient care, or both home care and inpatient care, utilizing a medically directed interdisciplinary hospice care team of professionals or volunteers, or both professionals and volunteers. A hospice program may be licensed as a comprehensive hospice program or a volunteer hospice program.(h-10) "Comprehensive hospice" means a program that provides hospice services and meets the minimum standards for certification under the Medicare program set forth in the Conditions of Participation in 42 CFR Part 418 but is not required to be Medicare-certified.(i) "Palliative care" means the management of pain and other distressing symptoms that incorporates medical, nursing, psychosocial, and spiritual care according to the needs, values, beliefs, and culture or cultures of the patient and his or her family.  The evaluation and treatment is patient-centered, with a focus on the central role of the family unit in decision-making.(j) "Hospice service plan" means a plan detailing the specific hospice
services offered by a comprehensive or volunteer
hospice program, and the administrative
and direct care personnel responsible for those services.  The plan shall
include but not be limited to:(1) Identification of the person or persons     administratively responsible for the program.(2) The estimated average monthly patient census.(3) The proposed geographic area the hospice will     serve.(4) A listing of those hospice services provided     directly by the hospice, and those hospice services provided indirectly through a contractual agreement.(5) The name and qualifications of those persons or     entities under contract to provide indirect hospice services.(6) The name and qualifications of those persons     providing direct hospice services, with the exception of volunteers.(7) A description of how the hospice plans to utilize     volunteers in the provision of hospice services.(8) A description of the program's record keeping     system.(k) "Terminally ill" means a medical prognosis by a physician licensed
to practice medicine in all of its branches that a patient has an anticipated
life expectancy of one year or less.(l) "Volunteer" means a person who offers his or her services to a hospice
without compensation.  Reimbursement for a volunteer's expenses in providing
hospice service shall not be considered compensation.(l-5) "Employee" means a paid or unpaid member of the staff of a hospice program, or, if the hospice program is a subdivision of an agency or organization, of the agency or organization, who is appropriately trained and assigned to the hospice program. "Employee" also means a volunteer whose duties are prescribed by the hospice program and whose performance of those duties is supervised by  the hospice program.(l-10) "Representative" means an individual who has been authorized under
State law to terminate an individual's medical care or to elect or revoke the election of hospice care on behalf of a terminally ill individual who is mentally or physically incapacitated.(m) "Volunteer hospice" means a program which provides hospice services
to patients regardless of their ability to pay, with emphasis on the
utilization of volunteers to provide services, under the administration of
a not-for-profit agency.  This definition does not prohibit the employment of
staff.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.) (210 ILCS 60/4) (from Ch. 111 1/2, par. 6104)Sec. 4. License.(a) No person shall establish, conduct or maintain a comprehensive or volunteer hospice program without first obtaining a license from the
Department.  A hospice residence may be operated only at the locations listed
on the license.  A comprehensive hospice program owning or operating a hospice residence is not
subject to the provisions of the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act in owning or operating a
hospice residence.(b) No public or private agency shall advertise or present itself to the
public as a  comprehensive or volunteer hospice program which provides hospice services without
meeting the provisions of subsection (a).(c) The license shall be valid only in the possession
of the hospice to which it was originally issued and shall not be
transferred or assigned to any other person, agency, or corporation.(d) The license shall be renewed annually.(e) The license shall be displayed in a conspicuous place inside the hospice
program office.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.) (210 ILCS 60/4.5)Sec. 4.5. Provisional license. Every licensed hospice program in operation on the effective date of this Act that does not meet all of the requirements for a comprehensive hospice program or a volunteer hospice program as set forth in this Act shall be deemed to hold a provisional license to continue that operation on and after that date.  The provisional license shall remain in effect for one year after the effective date of this Act or until the Department issues a regular license under Section 4, whichever is earlier.  The Department may coordinate the issuance of a regular hospice program  license under Section 4 with the renewal date of the license that is in effect on the effective date of this Act.
(Source: P.A. 94-570, eff. 8-12-05.) (210 ILCS 60/5) (from Ch. 111 1/2, par. 6105)Sec. 5. Application for License. An application for license or renewal
thereof to operate as a comprehensive or volunteer hospice program shall be made to the
Department upon forms provided by it, and shall contain information
reasonably required by the Department, taking into consideration the
different categories of hospice programs. The application shall be accompanied by:(1) The hospice service plan;(2) A financial statement containing information     deemed appropriate by the Department for the category of the applicant; and(3) A uniform license fee determined by the     Department based on the hospice program's category.A licensed comprehensive hospice or volunteer hospice that is in operation on the effective date of this Act may be issued a comprehensive hospice program license under Section 4 if the hospice program meets the requirements for a comprehensive hospice program  set forth in this Act.
					(Source: P.A. 94-570, eff. 8-12-05.) (210 ILCS 60/6) (from Ch. 111 1/2, par. 6106)Sec. 6. 
		Inspections.(a) Prior to the issuance of a license, or renewal thereof, the
Department may inspect the hospice program for compliance
with the standards established pursuant to this Act.(b) To the maximum extent possible, the Department shall coordinate inspections
made under this Act with those made for the purpose of determining compliance
with other licensing Acts.
		(Source: P.A. 87-860.) (210 ILCS 60/7) (from Ch. 111 1/2, par. 6107)Sec. 7. 
		Issuance of License - Renewal. 
		Upon receipt of a completed
application for license or renewal the Department shall issue a license if:(1) The Department finds that the applicant is in     compliance with this Act and the minimum standards established pursuant to this Act;(2) The applicant submits to the Department an     acceptable plan for the correction of deficiencies discovered by the Department during an inspection performed pursuant to Section 6 or through other information provided to the Department regarding possible deficiencies; and(3) The affiliated agency has maintained compliance     with the standards established pursuant to its applicable licensing Act, if any.The Department shall establish, by rule, the standards it uses to determine
whether a plan for correcting deficiencies is acceptable.
		(Source: P.A. 87-860.) (210 ILCS 60/8) (from Ch. 111 1/2, par. 6108)Sec. 8. General Requirements for hospice programs. Every hospice program shall comply
with the following requirements:(a) The hospice program's services shall include nursing
services, medical social work services, bereavement services, and volunteer services.
These services shall be
coordinated with those of the hospice patient's attending physician and shall be substantially provided by hospice program employees. The hospice program must make nursing services, medical social work services, volunteer services, and bereavement services available on a 24-hour basis to the extent necessary to meet the needs of individuals for care that is reasonable and necessary for the palliation and management of terminal illness and related conditions. The hospice program must provide these services in a manner consistent with the standards for certification under the Medicare program set forth in the Conditions of Participation in 42 CFR Part 418. Hospice services, as defined in Section 3, may be furnished in a home or inpatient setting, with the intent of minimizing the length of inpatient care. The home care component shall be the primary form of care and shall be available on a part-time, intermittent, regularly-scheduled basis.(a-5) The hospice program must have a  governing body that designates an individual responsible for the day-to-day management of the hospice service  plan.  The governing body must also ensure that all services are provided in accordance with accepted standards of practice and shall assume full legal responsibility for determining, implementing, and maintaining the hospice program's total operation.(a-10)  The hospice program must fully disclose in writing to any hospice patient, or to any hospice patient's family or  representative, prior to the patient's admission, the hospice services  available from the hospice program and  the hospice services for which the hospice patient may be eligible under the patient's third-party payer plan (that is, Medicare, Medicaid, the Veterans Administration, private insurance, or other plans).(b) The hospice program shall coordinate its services with professional
and nonprofessional services already in the community.  The program may
contract out for elements of its services; however, direct patient contact
and overall coordination of hospice services shall be maintained by the
hospice care team.  Any contract entered into between a hospice and
a health care facility or service provider shall specify that the hospice
retain the responsibility for planning and coordinating hospice services
and care on behalf of a hospice patient and his family.  All contracts shall
be in compliance with this Act.  No hospice which contracts for any hospice
service shall charge fees for services provided directly by the hospice
care team which duplicate contractual services provided to the individual
patient or his family.(c) The hospice program must  have functioning hospice care teams that develop the hospice patient plans of care in accordance with the standards for certification under the Medicare program set forth in the Conditions of Participation in 42 CFR Part 418.(c-5) A hospice patient's plan of care must be established and maintained for each
individual admitted to a hospice program, and the services provided to an
individual must be in accordance with the individual's plan of care. The plans of care must be established and maintained in accordance with the standards for certification under the Medicare program set forth in the Conditions of Participation in 42 CFR Part 418.(d) The hospice program shall have a medical director who shall be a doctor of medicine or osteopathy and
						
licensed to practice medicine in all of its branches.  The medical
director shall have overall responsibility for medical direction of the patient
care component of the hospice program and shall consult and cooperate with the patient's attending physician.(e) The hospice program shall have a bereavement program which shall provide
a continuum of supportive services for the family after the patient's death. The bereavement services must be provided in accordance with the standards for certification under the Medicare program set forth in the Conditions of Participation in 42 CFR Part 418.(f) The hospice program shall foster independence of the patient and his
family by providing training, encouragement and support so that the patient
and family can care for themselves as much as possible.(g) The hospice program shall not impose the dictates of any value or
belief system on its patients and their families.(h) The hospice program shall clearly define its admission criteria.
Decisions on admissions shall be made by a hospice care team and shall be
dependent upon the expressed request and informed consent of the patient
or the patient's legal guardian. For purposes of this Act, "informed consent" means that a hospice program  must demonstrate respect for an individual's rights by ensuring that an informed consent form that specifies the type of care and services that may be provided as hospice care during the course of the patient's illness has been obtained for every hospice patient, either from the patient or from the patient's representative.(i) The hospice program shall keep accurate, current, and confidential
records on all hospice patients and their families in accordance with the standards for certification under the Medicare program set forth in the Conditions of Participation in 42 CFR Part 418, except that standards or conditions in connection with Medicare or Medicaid  election forms do not apply to patients receiving hospice care at no charge.(j) The hospice program shall utilize the services of trained volunteers in accordance with the standards for certification under the Medicare program set forth in the Conditions of Participation in 42 CFR Part 418.(k) (Blank).(l) The hospice program must  maintain professional management responsibility for hospice care and ensure that services are furnished in a safe and effective manner by persons meeting the qualifications as defined in this Act and in accordance with the patient's plan of care.(m) The hospice program must conduct a quality assurance program in accordance with the standards for certification under the Medicare program set forth in the Conditions of Participation in 42 CFR Part 418.(n) Where applicable, every  hospice program employee must be licensed, certified, or registered in accordance with federal, State, and local laws and regulations.(o) The hospice program shall provide an ongoing program for the training and education of its employees appropriate to their responsibilities.(Source: P.A. 94-570, eff. 8-12-05.) (210 ILCS 60/8.5)Sec. 8.5. Additional requirements; comprehensive hospice program. In addition to complying with the standards prescribed by the Department under Section 9 and complying with all other applicable requirements under this Act, a comprehensive hospice program must meet the minimum standards for certification under the Medicare program set forth in the Conditions of Participation in 42 CFR Part 418.
(Source: P.A. 94-570, eff. 8-12-05.) (210 ILCS 60/8.10)Sec. 8.10. Additional requirements; volunteer hospice program. In addition to complying with the standards prescribed by the Department under Section 9 and complying with all other applicable requirements under this Act, a volunteer hospice program must do the following:(1) Provide hospice care to patients regardless of     their ability to pay, with emphasis on the utilization of volunteers to provide services.  Nothing in this paragraph prohibits a  volunteer hospice program  from employing paid staff, however.(2) Provide services not required under subsection     (a) of Section 8 in accordance with generally accepted standards of practice and in accordance with applicable local, State, and federal laws.(3) Include the word "Volunteer" in its corporate     name and in all verbal and written communications to patients, patients' families and representatives, and the community and public at large.(4)  Provide information regarding other hospice care     providers available in the hospice program's service area. (Source: P.A. 94-570, eff. 8-12-05.) (210 ILCS 60/9) (from Ch. 111 1/2, par. 6109)Sec. 9. Standards. The Department shall prescribe, by regulation,
minimum standards for licensed hospice programs.(a)
The standards for all hospice programs shall
include, but not be limited to, the following:(1) (Blank).(2) The number and qualifications of persons     providing direct hospice services.(3) The qualifications of those persons contracted     with to provide indirect hospice services.(4) The palliative and supportive care and     bereavement counseling provided to a hospice patient and his family.(5) Hospice services provided on an inpatient basis.(6) Utilization review of patient care.(7) The quality of care provided to patients.(8) Procedures for the accurate and centralized     maintenance of records on hospice services provided to patients and their families.(9) The use of volunteers in the hospice program, and     the training of those volunteers.(10) The rights of the patient and the patient's     family.(b) (Blank).(c) The standards for hospices owning or operating hospice residences
shall address the following:(1) The safety, cleanliness, and general adequacy of     the premises, including provision for maintenance of fire and health standards that conform to State laws and municipal codes, to provide for the physical comfort, well-being, care, and protection of the residents.(2) Provisions and criteria for admission, discharge,     and transfer of residents.(3) Fee and other contractual agreements with     residents.(4) Medical and supportive services for residents.(5) Maintenance of records and residents' right of     access of those records.(6) Procedures for reporting abuse or neglect of     residents.(7) The number of persons who may be served in a     residence, which shall not exceed 20 persons per location.(8) The ownership, operation, and maintenance of     buildings containing a hospice residence.(9) The number of licensed hospice residences shall     not exceed 6 before December 31, 1996 and shall not exceed 12 before December 31, 1997.  The Department shall conduct a study of the benefits of hospice residences and make a recommendation to the General Assembly as to the need to limit the number of hospice residences after June 30, 1997.On and after the effective date of this amendatory     Act of the 98th General Assembly, the number of licensed hospice residences shall not exceed the following:(A) Five hospice residences located in counties         with a population of 700,000 or more.(B) Five hospice residences located in counties         with a population of 200,000 or more but less than 700,000.(C) Five hospice residences located in counties         with a population of less than 200,000.(d)
In developing the standards for hospices, the Department shall take
into consideration the category of the hospice programs.
(Source: P.A. 100-744, eff. 8-10-18.) (210 ILCS 60/10) (from Ch. 111 1/2, par. 6110)Sec. 10. 
		Revocation or suspension. 
		A license may be revoked or suspended
for any of the following reasons:(a) A violation of any provision of this Act or of the minimum standards,
rules and regulations promulgated by the Department.(b) The loss of a license held by the affiliated agency
under its applicable licensing Act.
		(Source: P.A. 83-457.) (210 ILCS 60/11) (from Ch. 111 1/2, par. 6111)Sec. 11. 
		Investigations - Notice - Hearings - Proceedings. 
		(a) The Department
may, upon its own motion, and shall, upon the verified complaint in writing
of any persons setting forth facts which if proven would constitute grounds
for the denial of an application for a license or refusal to renew a license
or revocation of a license, investigate the applicant or licensee. Before
denying an application
or refusing to renew a license or revoking a license, the Department shall
notify the applicant or licensee.(b) Such notice shall be effected by registered mail or by personal
service setting forth the particular reasons for the proposed action and
fixing a date, not less than 15 days from the date of such mailing or service,
at which time the applicant or licensee shall be given an opportunity for a hearing.
Such hearing shall be conducted by the Director or by an employee of the
Department designated by the Director as a hearing officer
to conduct the hearing. On the basis of any such hearing, or upon default
of the applicant or licensee, the Director shall make
a determination specifying his findings and conclusions.(c) The procedure governing hearings authorized by this Section shall be
in accordance with the Illinois Administrative Procedure Act which is expressly
adopted and incorporated herein as if all of the provisions of such Act
were included in this Act, except that in case of conflict between the two
Acts the provisions of this Act shall control.(d) The Director or hearing officer shall, upon his own motion, or on the
written request of any party to the proceeding, issue subpoenas requiring
the attendance and the giving of testimony by witnesses, and subpoenas duces
tecum requiring the production of books, papers, records or memoranda. All
subpoenas and subpoenas duces tecum issued under the terms of this Act may
be served by any person of full age. The fees of witnesses for attendance
and travel shall be the same as the fees of witnesses before the circuit
court of this State, such fees to be paid when the witness is excused from
further attendance. When the witness is subpoenaed at the instance of the
Director, or hearing officer, such fees shall be paid in the same manner
as other expenses of the Department, and when the witness is subpoenaed
at the instance of any other party to any such proceeding the Department
may require that the cost of service of the subpoena or subpoena duces tecum
and the fee of the witness be borne by the party at whose instance the witness
is summoned. In such case, the Department, in its discretion, may require
a deposit to cover the cost of such service and witness fees. A subpoena
or subpoena duces tecum issued as aforesaid shall be served in the same
manner as a subpoena issued out of a court.(e) Any circuit court of this State upon the application of the Director,
or upon the application of any other party to the proceeding, may, in its
discretion, compel the attendance of witnesses, the production of books,
papers, records or memoranda and the giving of testimony before the Director
or hearing officer conducting an investigation or holding a hearing authorized
by this Act, by attachment for contempt, or otherwise, in the same manner
as production of evidence may be compelled before the court.(f) The Director or hearing officer, or any party in any investigation
or hearing before the Department, may cause the depositions of witnesses
within the State to be taken in the manner prescribed by law for like depositions
in civil actions in courts of this State, and to that end compel the attendance
of witnesses and the production of books, papers, records or memoranda.
		(Source: P.A. 83-457.) (210 ILCS 60/12) (from Ch. 111 1/2, par. 6112)Sec. 12. 
		Review under Administrative Review Law. 
		Whenever the Department
refuses to grant or revokes or suspends a license
to open, conduct, operate or maintain a hospice program, the applicant or
licensee may have such decision judicially reviewed. The provisions of the
Administrative Review Law,
and the rules adopted pursuant thereto shall apply to and govern all proceedings
for the judicial review of final administrative
decisions of the Department hereunder. The term "administrative decisions"
is defined as in Section 3-101 of the Code of Civil Procedure.
		(Source: P.A. 83-457.) (210 ILCS 60/13) (from Ch. 111 1/2, par. 6113)Sec. 13. 
		Provisional License. 
		All hospice programs
in operation on the effective date of this Act shall be considered as holding
a provisional license.
The provisional license established by this Section shall remain in effect
for one year after the effective date of this Act or until the issuance
of a regular license whichever is earlier. The issuance of the regular hospice
license may be coordinated with the license renewal issued to the administrative
authority under its applicable licensing Act.
		(Source: P.A. 83-457.) (210 ILCS 60/14) (from Ch. 111 1/2, par. 6114)Sec. 14. 
		Violations - Injunctions - Penalties. 
		(a) The operation or maintenance
of a hospice program in violation of this Act, or of the rules and regulations
promulgated by the Department, is declared a public nuisance inimical to
the public welfare. The Director, in the name of the people of the State,
through the Attorney General or the State's Attorney of the county in which
the violation occurs, may in addition to other remedies herein provided
bring action for an injunction to restrain such violation or to enjoin the
future operation or maintenance of any such hospice program.(b) Any person opening, conducting or maintaining a hospice program without
a license issued pursuant to this Act shall be guilty of a business offense
punishable by a fine of $10,000, and each day's
violation shall constitute a separate offense.
		(Source: P.A. 83-457.) (210 ILCS 60/15)Sec. 15. Hospice and Palliative Care Advisory Board.(a) The Director shall appoint a Hospice and Palliative Care Advisory Board ("the Board") to consult with the Department as provided in this Section. The membership of the Board shall be as follows:(1) The Director, ex officio, who shall be a     nonvoting member and shall serve as chairman of the Board.(2) One representative of each of the following State     agencies, each of whom shall be a nonvoting member:         the Department of     Healthcare and Family Services, the Department of Human Services, and the Department on Aging.(3) One member who is a physician licensed to         practice medicine in all its branches, selected from the recommendations of a statewide professional society representing physicians licensed to practice medicine in all its branches in all specialties.(4) One member who is a registered nurse,         selected from the recommendations of professional nursing associations.(5) Four members selected from the         recommendations of organizations whose primary membership consists of hospice programs.(6) Two members who represent the general     public     and who have no responsibility for management or formation of policy of a hospice program and no financial interest in a hospice program.(7) One member selected from the     recommendations     of consumer organizations that engage in advocacy or legal representation on behalf of hospice patients and their immediate families.(b) Of the initial appointees, 4 shall serve for terms of 2 years, 4 shall serve for terms of 3 years, and 5 shall   serve for terms of 4 years, as determined by lot at the first meeting of the Board. Each successor member shall be appointed for a term of 4 years. A member appointed to fill a vacancy before the expiration of the term for which his or her predecessor was appointed shall be appointed to serve for the remainder of that term.(c) The Board shall meet as frequently as the chairman deems necessary, but not less than 4 times each year. Upon the request of 4 or more Board members, the chairman shall call a meeting of the Board. A Board member may designate a replacement to serve at a Board meeting in place of the member by submitting a letter stating that designation to the chairman before or at the Board meeting. The replacement member must represent the same general interests as the member being replaced, as described in paragraphs (1) through (7) of subsection (a).(d) Board members are entitled to reimbursement for their actual expenses incurred in performing their duties.(e) The Board shall advise the Department on all aspects of the Department's responsibilities under this Act, including the format and content of any rules adopted by the Department on or after the effective date of this amendatory Act of the 95th General Assembly. Any such rule  or amendment to a rule proposed on or after the effective date of this amendatory Act of the 95th General Assembly, except an emergency rule adopted pursuant to Section 5-45 of the Illinois Administrative Procedure Act, that is adopted without obtaining the advice of the Board is null and void. If the Department fails to follow the advice of the Board with respect to a proposed rule or amendment to a rule, the Department shall, before adopting the rule or amendment to a rule, transmit a written explanation of the reason for its action to the Board. During its review of rules, the Board shall analyze the economic and regulatory impact of those rules. If the Board, having been asked for its advice with respect to a proposed rule or amendment to a rule, fails to advise the Department within 90 days, the proposed rule or amendment shall be considered to have been acted upon by the Board.(f) The Board shall also review pediatric palliative care issues as provided in the Pediatric Palliative Care Act. (Source: P.A. 95-133, eff. 1-1-08; 96-1078, eff. 7-16-10.)
(210 ILCS 65/1) (from Ch. 111 1/2, par. 9001)Sec. 1. 
		Short title. 
		This Act may be cited as the Supportive Residences Licensing Act.
		(Source: P.A. 87-840.) (210 ILCS 65/5) (from Ch. 111 1/2, par. 9005)Sec. 5. 
		Purpose. 
		The purpose of this Act is to authorize the Department
of Public Health to license Supportive Residences for Persons with HIV
Disease using standards appropriate to this type of residential setting.
Supportive Residences for Persons with HIV Disease provide a home-like
atmosphere as well as a continuum of care which takes into account the
special needs of persons with HIV Disease.  The Act authorizes the
Department of Public Health to establish minimum standards, rules, and
regulations that will facilitate the provision of quality residential care
that is specific to the unique needs of persons with HIV Disease, while
ensuring the protection of residents' rights and general welfare.
		(Source: P.A. 87-840; 87-895.) (210 ILCS 65/10) (from Ch. 111 1/2, par. 9010)Sec. 10. 
		Definitions. 
		As used in this Act:"Applicant" means any not-for-profit corporation making application for
a license."Department" means the Illinois Department of Public Health."Director" means the Director of the Illinois Department of Public Health."Facility" means a private home, institution, building, residence, or any
other place that provides a home-like atmosphere as well as a continuum of
care which takes into account the special needs of persons with HIV Disease."License" means any of the following types of licenses issued to an
applicant or licensee by the Department.(a) "Probationary license" means a license issued to     an applicant or licensee which has not held a license contiguous to its application.(b) "Regular license" means a license issued to an     applicant or licensee that is in substantial compliance with this Act and its rules and regulations."Licensee" means an applicant that has been issued a license under this Act."Owner" means the not-for-profit corporation that owns a Supportive
Residence. If a Supportive Residence is operated by a person or
entity who leases the physical plant that is owned by another person or
entity, "owner" means the person who operates the Supportive Residence;
except that if the person or entity who owns the physical plant is an
affiliate of the person who operates the Supportive Residence and has
significant control over the day-to-day operations of the Supportive
Residence, the person or entity who owns the physical plant shall incur,
jointly and severally with the owner, all liabilities imposed on an owner
under this Act."Plan of correction" means a written plan submitted to the
Department for correction of a violation of this Act or its rules
that are cited by the Department. The plan shall describe the steps that
will be taken in order to bring the Supportive Residence into compliance
and the time frame for completion of each step."Qualified surveyor" means any individual or governmental agency
designated by the Department to survey Supportive Residences for compliance
with this Act and its rules and regulations."Resident" means a person residing in a Supportive Residence."Supportive Residence" means a Supportive Residence for
persons with HIV Disease.
		(Source: P.A. 87-840; 87-895.) (210 ILCS 65/15) (from Ch. 111 1/2, par. 9015)Sec. 15. 
		Department's powers and duties. 
		The Department shall
establish a system of licensure for Supportive Residences, in accordance
with this Act, for the purposes of:(a) protecting the health, safety, and welfare of the residents;(b) protecting the residents' rights; and(c) monitoring and inspecting Supportive Residences to ensure that
minimum physical plant standards are maintained.
		(Source: P.A. 87-840.) (210 ILCS 65/20) (from Ch. 111 1/2, par. 9020)Sec. 20. Licensing standards.(a) The Department shall promulgate rules establishing minimum standards for
licensing and operating Supportive Residences in municipalities with a
population over 500,000. No such municipality shall have more than 12
Supportive Residences. These rules shall regulate the operation and conduct of
Supportive Residences and shall include but not be limited to:(1) development and maintenance of a case management     system by which an integrated care plan is to be created for each resident;(2) the training and qualifications of personnel     directly responsible for providing care to residents;(3) provisions and criteria for admission, discharge,     and transfer of residents;(4) provisions for residents to receive appropriate     programming and support services commensurate with their individual needs;(5) agreements between Supportive Residences and     hospitals or other health care providers;(6) residents' rights and responsibilities and those     of their families and guardians;(7) fee and other contractual agreements between     Supportive Residences and residents;(8) medical and supportive services for residents;(9) the safety, cleanliness, and general adequacy of     the premises, including provision for maintenance of fire and health standards that conform to State laws and municipal codes, to provide for the physical comfort, well-being, care, and protection of the residents;(10) maintenance of records and residents' rights of     access to those records; and(11) procedures for reporting abuse or neglect of     residents.(b) The rules shall also regulate the general financial ability,
competence, character, and qualifications of the applicant to
provide appropriate care and comply with this Act.(c) The Department may promulgate special rules and regulations establishing
minimum standards for Supportive Residences that permit the admission of:(1) residents who are parents with children, whether     either or both have HIV Disease; or(2) residents with HIV Disease who are also persons     with developmental or physical disabilities.(d) Nothing in this Act shall be construed to impair or abridge the power
of municipalities to enforce municipal zoning or land use ordinances.
(Source: P.A. 99-143, eff. 7-27-15.) (210 ILCS 65/25) (from Ch. 111 1/2, par. 9025)Sec. 25. 
		Issuance of licenses.(a) All Supportive Residences shall be
licensed by the Department. The procedures for obtaining a valid license
are set forth in this Section.(b) Application for a license shall be made on forms provided and in the
manner prescribed by the Department. There shall be no application fee.(c) Upon receipt of an application filed in proper order, the Department
shall review the application and shall make an on-site evaluation of the
proposed Supportive Residence.(d) The evaluation shall be conducted by a qualified surveyor
representing the Department.(e) If the Department has determined on the basis of available
documentation and a preliminary on-site evaluation, if the Department deems
that such an evaluation is necessary, that the Supportive Residence is in
substantial compliance with the Act and its rules and regulations, it
shall issue a probationary license.  This license shall be valid for a
period not to exceed 6 months from the date of issuance. Within
30 days before the expiration of the probationary license, a
qualified surveyor representing the Department shall conduct an on-site
final evaluation. If, at the time of the final evaluation, the Supportive
Residence is in substantial compliance with this Act, the Department shall
issue a regular license which replaces the probationary license.(f) A regular license shall normally be valid for a one year period
from the date of issuance.  The Director, however, may issue licenses or
renewals for a period of not less than 6 months nor more than 18 months in
order to distribute the expiration dates of the licenses throughout the
calendar year. A license is not transferable, but may be
issued for more than one facility.(g) As a condition of the issuance or renewal of a license, the
applicant or licensee shall file a statement of ownership, which shall be
public information and which shall be available from the Department. The
statement of ownership shall include
the name, address, telephone number, occupation or business activity,
business address and business telephone number of the person or entity who
is the owner of the Supportive Residence and every person or entity who
owns the building in which the Supportive Residence is located, if other
than the owner; and, the address of any facility, wherever located, any
financial interest of which is owned by the applicant or licensee, if the
facility were required to be licensed if it were located in this State.
		(Source: P.A. 87-840.) (210 ILCS 65/30) (from Ch. 111 1/2, par. 9030)Sec. 30. Departmental inspection.(a) The Department may inspect the records and premises of a Supportive
Residence whenever the Department determines it to be appropriate.(b) The Department shall investigate all reports of violations from any
other governmental entity that also has monitoring responsibilities for
Supportive Residences.(c) If the Department determines that a Supportive Residence is not in
compliance with this Act, the Department shall promptly serve a notice of
violation upon the licensee.
Each notice of violation shall be prepared in writing and shall specify the
nature of the violation, the statutory provision or rule alleged to have
been violated, and the requirement that the licensee submit a plan of
correction to the Department. The notice shall also inform the licensee of
any other action the Department might take under this Act and
of his right to a hearing under Section 55 of this Act.
					(Source: P.A. 95-331, eff. 8-21-07.) (210 ILCS 65/35) (from Ch. 111 1/2, par. 9035)Sec. 35. 
		Renewal of license; transfer of ownership.(a) Within 120 to 150 days
before the expiration of the license, the licensee shall apply to the
Department for renewal of the license. The procedure for renewing a valid
license for a Supportive Residence shall be the same as applying for the
initial license, under Section 25 of this Act. If the Department has
determined on the basis of available documentation that the Supportive
Residence is in substantial compliance with this Act and its rules,
it shall renew the regular license for another one year period.(b) Whenever ownership of a facility is transferred from the licensee to
any other not-for-profit corporation,
then the transferee must obtain a new probationary license. The
transferee shall notify the Department of the transfer and apply for a new
license at least 30 days before the final transfer. The
requirement for an on-site inspection in Section 25 may be waived if the
Department has conducted a survey of the Supportive Residence within the
past 60 days and the survey disclosed substantial compliance with this Act,
its rules and regulations.
		(Source: P.A. 87-840.) (210 ILCS 65/40) (from Ch. 111 1/2, par. 9040)Sec. 40. 
		Operation without a license. 
		Any not-for-profit corporation
that operates a Supportive Residence without a valid license
from the Department after the effective date of this Act is guilty of a
business offense and shall be fined an amount in excess of
$500 but not exceeding $10,000.
Each day of violation is a separate violation. If the Department determines
that a Supportive Residence is operating without a valid license, it shall
report the results of its investigation to the Attorney General or the
appropriate State's Attorney for prosecution.
		(Source: P.A. 87-840.) (210 ILCS 65/45) (from Ch. 111 1/2, par. 9045)Sec. 45. 
		Procedures for filing a complaint.(a) Any person, agency, association, or governmental body may file a
complaint with the Department alleging that a Supportive Residence is in
violation of this Act or its rules and regulations.(b) The Department may conduct an investigation in order to determine if
the Supportive Residence is in compliance. If, based on the results of its
investigation, the Department determines that the Supportive Residence is
not in compliance, it shall promptly serve a notice of violation on the
licensee. This notice of violation shall comply with the requirements
described in subsection (c) of Section 30 of this Act. The Department may
notify the complainant of its findings.(c) The complaint, a copy of the complaint, or a record published, released
or otherwise disclosed to the Supportive Residence shall not disclose the
name of the complainant unless the complainant consents in writing to the
disclosure, the investigation results in a judicial proceeding, or
disclosure is essential to the investigation.(d) A licensee or its agents shall not transfer, discharge, evict,
harass, dismiss, or retaliate against a resident or an employee or agent
who files a complaint under this Section or who testifies under Section
55 of this Act because of the complaint or testimony.(e) Any person participating in good faith in the making of a complaint,
or in the investigation of such a complaint, shall not be deemed to have
violated any privileged communication and shall have immunity from any
liability, civil or criminal action or proceeding, or any action or
proceeding that otherwise might result as a consequence of making such a
complaint. The good faith of any persons making a complaint or
participating in the investigation of such a complaint shall be presumed.
		(Source: P.A. 87-840.) (210 ILCS 65/50) (from Ch. 111 1/2, par. 9050)Sec. 50. 
		Grounds for denial or revocation of a license. 
		The Department
may deny or bring proceedings to revoke a license if the applicant or
licensee has been convicted of a felony or 2 or more misdemeanors
involving moral turpitude, as shown by a certified copy of the court of
conviction; if the Department determines after investigation that such
person has not been sufficiently rehabilitated to warrant the public trust;
or upon other satisfactory evidence that the moral character of the
applicant or licensee is not reputable. In addition, the Department may
deny or begin proceedings to revoke a license at any time if the licensee:(a) submits false information either on Department licensure forms or
during an inspection;(b) refuse to allow an inspection to occur;(c) violates this Act or its rules and regulations;(d) violates the rights of its residents; or(e) fails to submit or implement a plan of correction within the specified time period.
		(Source: P.A. 87-840.) (210 ILCS 65/55) (from Ch. 111 1/2, par. 9055)Sec. 55. 
		Right to hearing.(a) No license may be denied or revoked unless the applicant or licensee
is given written notice of the grounds for the Department's action. The
applicant or licensee may appeal the Department's proposed action within
15 days after receipt of the Department's written notice by
making a request to the Department for a hearing.
Notice of the time, place, and nature of the hearing shall be given to the
applicant or licensee not less than 2 weeks before the date of the
hearing. The hearing shall be conducted in accordance with the Illinois
Administrative Procedure Act.
The Director may appoint a hearing officer to preside
at any administrative hearing under this Act.(b) If the applicant or licensee does not submit a request for hearing
as provided for in this Section, or if after conducting the hearing the
Department determines that the license should not be issued or that the
license should be revoked or denied, the Department shall issue an order to
that effect. If the order is to revoke the license, it shall specify that
the order takes effect upon receipt by the licensee and that the
Supportive Residence shall not operate during the pendency of any
proceeding for judicial review of the Department's decision, except under court
order.(c) Final administrative decisions shall be subject to judicial review
exclusively as provided in the Administrative Review Law,
except that any petition for judicial
review of Department action under this Act shall be filed within
15 days after receipt of notice of the final agency determination. The
term "administrative decision" has the meaning ascribed to it in Section
3-101 of the Administrative Review Law.
The court may stay enforcement of the Department's final decision if a
showing is made that there is a substantial probability that the party
seeking review will prevail on the merits and will suffer irreparable harm
if the stay is not granted, and that the facility will meet the
requirements of this Act and its rules and regulations
during such stay.(d) The Director or hearing officer may compel by subpoena or subpoena
duces tecum the attendance and testimony of witnesses and the production of
books and papers, and administer oaths to witnesses.
All subpoenas issued by the Director or hearing officer may be served as
provided for in civil actions. The fees of witnesses for attendance and
travel shall be the same as the fees for witnesses before the circuit court
and shall be paid by the party to the proceeding at whose request the
subpoena is issued. If the subpoena is issued at the request of the
Department or by a person proceeding in forma pauperis, the witness fee
shall be paid by the Department as an administrative expense.(e) The Department may charge any party to a hearing or other person
requesting copies of records or other documents for a hearing the actual
cost of reproducing those records or other documents.
		(Source: P.A. 90-655, eff. 7-30-98.) (210 ILCS 65/60) (from Ch. 111 1/2, par. 9060)Sec. 60. 
		Grounds for immediate closure. 
		Any situation that exists at a
Supportive Residence that may result in
serious mental, psychological or physical harm to residents shall be abated
or eliminated immediately. If the Department determines that such a
situation exists and that proper measures to remedy the situation
are not being taken, it shall immediately issue an order of closure and
withdraw the residents. Any such action by the Department shall be included
in the evidence presented at the hearing. At the time of this action, the
Department shall begin license revocation proceedings and the licensee
shall retain the right to a hearing as described in Section 55.
		(Source: P.A. 87-840.) (210 ILCS 65/65) (from Ch. 111 1/2, par. 9065)Sec. 65. 
		Injunction. 
		The operation or maintenance of a Supportive
Residence in violation of this Act or its rules and regulations
is declared a public nuisance inimical to the public
welfare. The Director, in the name of the people of the State, through the
Attorney General, or the State's Attorney of the county in which the
facility is located, may, in addition to other remedies provided in this Act,
bring action for an injunction to restrain the violation or to enjoin the
future operation or maintenance of any such Supportive Residence.
		(Source: P.A. 87-840.) (210 ILCS 65/85) (from Ch. 111 1/2, par. 9085)Sec. 85. 
		This Act takes effect upon becoming law. 
		(Source: P.A. 87-840.)
(210 ILCS 70/0.01) (from Ch. 111 1/2, par. 6150)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Emergency Medical Treatment Act.
		(Source: P.A. 86-1324.) (210 ILCS 70/1) (from Ch. 111 1/2, par. 6151)Sec. 1. 
		
		No hospital, physician, dentist or other provider of professional
health care licensed under the laws of this State may refuse to provide
needed emergency treatment to any person whose life would be threatened
in the absence of such treatment, because of that person's inability to
pay therefor, nor because of the source of any payment promised therefor.
		(Source: P.A. 83-723.) (210 ILCS 70/2)Sec. 2. Findings; prohibited terms.(a) The Illinois General Assembly makes all of the following findings:(1) Hospital emergency services are not always the     most appropriate level of care for patients seeking unscheduled medical care or for patients who do not have a regular physician who can treat a significant or acute medical condition not considered critical, debilitating, or life-threatening.(2) Hospital emergency rooms are over-utilized and     too often over-burdened with many injuries or illnesses that could be managed in a less intensive clinical setting or physician's office.(3) Over-utilization of hospital emergency     departments contributes to excess medical and health insurance costs.(4) The use of the term "emergi-" or a similar term     in a facility's posted or advertised name may confuse the public and prospective patients regarding the type of services offered relative to those provided by a hospital emergency department.  There is significant risk to the public health and safety if persons requiring treatment for a critical or life-threatening condition inappropriately use such facilities.(5) Many times patients are not clearly aware of the     policies and procedures of their insurer or health plan that must be followed in the use of emergency rooms versus non-emergent clinics and what rights they have under the law in regard to appropriately sought emergency care.(6) There is a need to more effectively educate     health care payers and consumers about the most appropriate use of the various available levels of medical care and particularly the use of hospital emergency rooms and walk-in medical clinics that do not require appointments.(b) No person, facility, or entity shall hold itself out to the public as
an "emergi-" or "emergent" care center or use any similar
term, as defined by rule,
that would give the impression
that emergency medical treatment is
provided by the person or entity or at the facility unless the facility is the
emergency room of a
facility licensed as a hospital under the Hospital Licensing Act or a facility
licensed as a freestanding emergency center under the Emergency Medical
Services (EMS) Systems Act. This Section does not prohibit a person, facility, or entity from holding itself out to the public as an "urgi-" or "urgent" care center.(c) Violation of this Section constitutes a business offense with a minimum
fine of $5,000 plus $1,000 per day for a continuing violation, with a maximum
of $25,000.(d) The Director of Public Health in the name of the people of the State,
through the Attorney General, may bring an action for an injunction or to
restrain
a
violation of this Section or the rules adopted pursuant to this Section or to
enjoin the future operation or maintenance of any facility in violation of this
Section or the rules adopted pursuant to this Section.(e) The Department of Public Health shall adopt rules necessary for the
implementation of this Section.
(Source: P.A. 98-977, eff. 1-1-15.)
(210 ILCS 74/1)Sec. 1. Short title. This Act may be cited as the Physical Fitness
Facility
Medical Emergency Preparedness Act.
		
(Source: P.A. 93-910, eff. 1-1-05.) (210 ILCS 74/5)Sec. 5. Definitions. In this Act, words and phrases have the meanings set
forth
in the following Sections.
		
(Source: P.A. 93-910, eff. 1-1-05.) (210 ILCS 74/5.5)Sec. 5.5. Automated external defibrillator. "Automated external
defibrillator"
or "AED" means an automated external defibrillator as defined in the Automated
External Defibrillator Act.
		
(Source: P.A. 93-910, eff. 1-1-05.) (210 ILCS 74/5.10)Sec. 5.10. Department. "Department" means the Department of Public
Health.
		
(Source: P.A. 93-910, eff. 1-1-05.) (210 ILCS 74/5.15)Sec. 5.15. Director. "Director" means the Director of Public Health.
		
(Source: P.A. 93-910, eff. 1-1-05.) (210 ILCS 74/5.20)Sec. 5.20. Medical emergency. "Medical emergency" means the occurrence of
a sudden, serious, and unexpected sickness or injury that would lead a
reasonable person,
possessing an average knowledge of medicine and health, to believe that the
sick or
injured person requires urgent or unscheduled medical care.
		
(Source: P.A. 93-910, eff. 1-1-05.) (210 ILCS 74/5.25)Sec. 5.25. Physical fitness facility.(a) "Physical fitness facility" means the following:(1) Any of the following indoor facilities that is     (i) owned or operated by a park district, municipality, or other unit of local government, including a home rule unit, or by a public or private elementary or secondary school, college, university, or technical or trade school and (ii) supervised by one or more persons, other than maintenance or security personnel, employed by the unit of local government, school, college, or university for the purpose of directly supervising the physical fitness activities taking place at any of these indoor facilities: a swimming pool; stadium; athletic field; football stadium; soccer field; baseball diamond; track and field facility; tennis court; basketball court; or volleyball court; or similar facility as defined by Department rule.(1.5) Any of the following outdoor facilities that is     (i) owned by a municipality, township, or other unit of local government, including a home rule unit, or by a public or private elementary or secondary school, college, university, or technical or trade school and (ii) supervised by one or more persons, other than maintenance or security personnel, employed by the unit of local government, school, college, or university for the purpose of directly supervising the physical fitness activities taking place at any of these facilities:  a swimming pool; athletic field; football stadium; soccer field; baseball diamond; track and field facility; tennis court; basketball court; or volleyball court; or similar facility as defined by Department rule.The term does not include any facility during any     activity or program organized by a private or not-for-profit organization and organized and supervised by a person or persons other than the employees of the unit of local government, school, college, or university.(2) Except as provided in subsection (b), any other     indoor or outdoor establishment, whether public or private, that provides services or facilities focusing on cardiovascular exertion or gaming as defined by Department rule.(b) "Physical fitness facility" does not include a facility serving less
than a total of 100 individuals. For purposes of this Act, "individuals" includes only those persons actively engaged in physical exercise that uses large muscle groups and that substantially increases the heart rate. In
addition, the term does not include (i) a
facility located in a
hospital or in
a hotel or motel, (ii) any outdoor facility owned or operated by a park district organized under the Park District Code, the Chicago Park District Act, or the Metro-East Park and Recreation District Act, or (iii) any facility owned or operated by a forest preserve district organized under the Downstate Forest Preserve District Act or the Cook County Forest Preserve District Act or a conservation district organized under the Conservation District Act. The term also does not include any
facility that does not
employ any
persons to provide instruction, training, or assistance for persons using the
facility.
(Source: P.A. 95-712, eff. 1-1-09; 96-873, eff. 1-21-10.) (210 ILCS 74/10)Sec. 10. Medical emergency plan required.(a) Before July 1, 2005, each person or entity, including a home rule
unit, that operates a  physical
fitness facility must adopt and
implement
a written plan for responding to medical emergencies that occur at the facility
during the
time that the facility is open for use by its members or by the public. The
plan must
comply with this Act and rules adopted by the Department to implement this Act.
The
facility must file a copy of the plan with the Department.(b) Whenever there is a change in the structure occupied by the facility or
in
the
services provided or offered by the facility that would materially affect the
facility's
ability to respond to a medical emergency, the person or entity, including a
home rule unit, must promptly
update
its plan
developed under subsection (a) and must file a copy of the updated plan with
the
Department.
		
(Source: P.A. 93-910, eff. 1-1-05.) (210 ILCS 74/15)Sec. 15. Automated external defibrillator required.(a) By the dates specified in Section 50, every physical fitness facility
must have at least one AED on the facility premises.  The Department
shall adopt
rules to ensure coordination with local emergency medical services systems
regarding the
placement and use of AEDs in physical fitness facilities. The Department may
adopt
rules requiring a facility to have more than one AED on the premises, based on
factors
that include the following:(1) The size of the area or the number of buildings     or floors occupied by the facility.(2) The number of persons using the facility,     excluding spectators.(b) A physical fitness facility
must ensure that
there is a trained
AED user on staff during staffed business hours. For purposes
of this Act, "trained AED user" has the meaning ascribed to that term in Section 10 of the Automated External Defibrillator Act.(b-5) The Department shall adopt rules that
encourage any non-employee coach, non-employee instructor, or
other similarly situated non-employee anticipated rescuer
who uses a physical fitness facility in conjunction with the
supervision of physical fitness activities to complete a course of
instruction that would qualify such a person as a trained
AED user, as defined in Section 10 of the Automated External Defibrillator Act.(b-10) In the case of an outdoor physical fitness facility, the AED must be housed in a building, if any, that is within 300 feet of the outdoor facility where an event or
activity is being conducted. If there is such a building within the required
distance, the building must provide unimpeded and open
access to the housed AED, and the building's entrances shall
further provide marked directions to the housed AED.(b-15) Facilities described in paragraph (1.5) of Section 5.25 must have an AED on site as well as a trained AED user available only during activities or events sponsored and conducted or supervised by a person or persons employed by the unit of local government, school, college, or university.(c) Every physical fitness facility must ensure that every AED on the
facility's
premises is properly tested and maintained in accordance with rules adopted by
the
Department.(Source: P.A. 95-712, eff. 1-1-09; 96-748, eff. 1-1-10; 96-873, eff. 1-21-10; 96-1268, eff. 1-1-11.) (210 ILCS 74/20)Sec. 20. Training. The Department shall adopt rules to establish programs
to
train physical fitness facility staff on the role of cardiopulmonary
resuscitation and the
use of automated external defibrillators. The rules must be consistent with
those adopted
by the Department for training AED users under the Automated External
Defibrillator
Act.
		
(Source: P.A. 93-910, eff. 1-1-05.) (210 ILCS 74/30)Sec. 30. Inspections. The Department shall inspect a physical fitness
facility in
response to a complaint filed with the Department alleging a violation of this
Act. For
the purpose of ensuring compliance with this Act, the Department may inspect a
physical
fitness facility at other times in accordance with rules adopted by the
Department.
		
(Source: P.A. 93-910, eff. 1-1-05.) (210 ILCS 74/35)Sec. 35. Penalties for violations.(a) If a physical fitness facility violates this Act by (i) failing to adopt
or
implement a plan for responding to medical emergencies under Section 10 or (ii)
failing
to have on the premises an AED or trained AED user as required  under
subsection (a) or (b) of Section 15, the Director may issue to the facility a
written administrative warning without monetary penalty for the initial
violation. The facility may reply to the Department with written comments
concerning the facility's remedial response to the warning. For subsequent
violations, the Director may impose a civil monetary penalty against the
facility as follows:(1) At least $1,500 but less than $2,000 for a second     violation.(2) At least $2,000 for a third or subsequent     violation.(b) The Director may impose a civil monetary penalty under this
Section only after it
provides the following to the facility:(1) Written notice of the alleged violation.(2) Written notice of the facility's right to request     an administrative hearing on the question of the alleged violation.(3) An opportunity to present evidence, orally or in     writing or both, on the question of the alleged violation before an impartial hearing examiner appointed by the Director.(4) A written decision from the Director, based on     the evidence introduced at the hearing and the hearing examiner's recommendations, finding that the facility violated this Act and imposing the civil penalty.(c) The Attorney General may bring an action in the circuit court to enforce
the
collection of a monetary penalty imposed under this Section.(d) The fines shall be deposited into the General Revenue Fund.

(Source: P.A. 99-933, eff. 1-27-17.) (210 ILCS 74/40)Sec. 40. Rules. The Department shall adopt rules to implement this Act.
		
(Source: P.A. 93-910, eff. 1-1-05.) (210 ILCS 74/45)Sec. 45. Liability. Nothing in this Act shall be construed to either
limit
or
expand the exemptions from civil liability in connection with the purchase or
use of an
automated external defibrillator that are provided under the Automated External
Defibrillator Act or under any other provision of law.
A right of action does not exist in connection with the use or non-use of an
automated external defibrillator at a facility governed by this Act, except for willful or wanton misconduct, provided
that the person, unit of state or local government, or school district
operating the facility has adopted a medical
emergency
plan as required under Section 10 of this Act, has an automated external
defibrillator at the facility as required under Section 15 of this Act, and has
maintained the automated external defibrillator in accordance with the rules
adopted by the Department.
		
(Source: P.A. 93-910, eff. 1-1-05.) (210 ILCS 74/50)Sec. 50. Compliance dates; private and public physical fitness
facilities.(a) Privately owned indoor physical fitness facilities.  Every
privately owned
or operated indoor physical fitness facility must be in compliance with this
Act on or
before July 1, 2006.(a-5) Privately owned outdoor physical fitness facilities.  Every
privately owned
or operated outdoor physical fitness facility must be in compliance with this
Act on or
before July 1, 2009.(b) Publicly owned indoor physical fitness facilities.  A public
entity owning or
operating 4 or fewer  indoor physical fitness facilities must have at least one
such
facility in compliance with this Act on or before July 1, 2006; its second
facility in compliance by July 1, 2007; its third facility in compliance by
July 1, 2008; and
its fourth
facility in compliance by July 1, 2009.A public entity owning or operating
more than 4 indoor physical fitness facilities must have 25% of those
facilities in
compliance by July 1, 2006; 50% of those facilities in compliance by July 1,
2007; 75% of those facilities in compliance by July 1, 2008; and 100% of those
facilities in compliance by July 1, 2009.(b-5) Publicly owned outdoor physical fitness facilities.  A public
entity owning or
operating 4 or fewer  outdoor physical fitness facilities must have at least one
such
facility in compliance with this Act on or before July 1, 2009; its second
facility in compliance by July 1, 2010; its third facility in compliance by
July 1, 2011; and
its fourth
facility in compliance by July 1, 2012.A public entity owning or operating
more than 4 outdoor physical fitness facilities must have 25% of those
facilities in
compliance by July 1, 2009; 50% of those facilities in compliance by July 1,
2010; 75% of those facilities in compliance by July 1, 2011; and 100% of those
facilities in compliance by July 1, 2012.
(Source: P.A. 95-712, eff. 1-1-09.) (210 ILCS 74/55)Sec. 55. Home rule. A home rule unit must comply with the
requirements of this Act. A home rule unit may not regulate physical
fitness facilities in a manner inconsistent with this Act. This Section is a
limitation under subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of powers and
functions exercised by the State.
		
(Source: P.A. 93-910, eff. 1-1-05.) (210 ILCS 74/90)Sec. 90. 
	(Amendatory provisions; text omitted).
	

(Source: P.A. 93-910, eff. 1-1-05; text omitted.) (210 ILCS 74/95)Sec. 95. 
	(Amendatory provisions; text omitted).
	

(Source: P.A. 93-910, eff. 1-1-05; text omitted.) (210 ILCS 74/100)Sec. 100. 
	(Amendatory provisions; text omitted).
	

(Source: P.A. 93-910, eff. 1-1-05; text omitted.)
(210 ILCS 76/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Community Benefits
Act.
		(Source: P.A. 93-480, eff. 8-8-03.) (210 ILCS 76/5)Sec. 5. 
		Applicability. 
		This Act does not apply to a hospital operated
by a unit of government, a hospital located outside of a metropolitan
statistical area, or a hospital with 100 or fewer beds.  Hospitals that
are owned or operated by or affiliated with a health system shall be deemed to
be in compliance with this Act if the health system has met the requirements of
this Act.
		(Source: P.A. 93-480, eff. 8-8-03.) (210 ILCS 76/10)Sec. 10. Definitions. As used in this Act:"Bad debt" means the current period charge for actual or expected doubtful accounting resulting from the extension of credit."Charity care" means care provided by a health care provider for which the
provider does not expect to receive payment from the patient or a third party
payer. "Charity care" includes the actual cost of services provided based upon the total cost to charge ratio derived from a nonprofit hospital's most recently filed Medicare cost report Worksheet C and not based upon the charges for the services. "Charity care" does not include bad debt."Community benefits" means the unreimbursed cost to a hospital or health
system of providing charity care, language assistant services,
government-sponsored health care, donations, volunteer services,
education, government-sponsored program services, research, and subsidized
health services and collecting bad debts.
"Community benefits" does not include the cost of paying any taxes or other
governmental assessments."Financial assistance" means a discount provided to a patient under the terms and conditions the hospital offers to qualified patients or as required by law."Government-sponsored health care" means the unreimbursed cost to a
hospital or health system of Medicare, providing health care services to
recipients of Medicaid,
and other
federal, State, or local health care programs, eligibility for which
is based on
financial need."Health system" means an entity that owns or operates at least one hospital."Net patient revenue" means gross service revenue less provisions for contractual adjustments with third-party payors, courtesy and policy discounts, or other adjustments and deductions, excluding charity care."Nonprofit hospital" means a hospital that is organized as a nonprofit
corporation,
including religious organizations, or a charitable trust under Illinois law or
the laws of
any other state or country."Subsidized health services" means those services provided by a hospital in
response to community needs for which the reimbursement is less than the
hospital's cost of providing the services that must be subsidized by other
hospital or nonprofit supporting entity revenue sources.  "Subsidized health
services" includes, but is not limited to, emergency and trauma care,
neonatal intensive care, community health clinics, and collaborative efforts
with local government or private agencies to prevent illness and improve
wellness, such as immunization programs.
(Source: P.A. 102-581, eff. 1-1-22.) (210 ILCS 76/15)Sec. 15. Organizational mission statement; community benefits plan. A
nonprofit hospital shall develop:(1) an organizational mission statement that     identifies the hospital's commitment to serving the health care needs of the community; and(2) a community benefits plan defined as an     operational plan for serving the community's health care needs that:(A) sets out goals and objectives for providing         community benefits that include charity care and government-sponsored health care;(B) identifies the populations and communities         served by the hospital; and(C) describes activities the hospital is         undertaking to address health equity, reduce health disparities, and improve community health. This may include, but is not limited to:(i) efforts to recruit and promote a racially             and culturally diverse and representative workforce;(ii) efforts to procure goods and services             locally and from historically underrepresented communities;(iii) training that addresses cultural             competency and implicit bias; and(iv) partnerships and investments to address             social needs such as food, housing, and community safety. (Source: P.A. 102-581, eff. 1-1-22.) (210 ILCS 76/20)Sec. 20. Annual report for community benefits plan.(a) Each nonprofit hospital shall prepare an annual report of the community
benefits plan. The report must include, in addition to the community benefits
plan itself,
all of the following background information:(1) The hospital's mission statement.(2) A disclosure of the health care needs of the     community that were considered in developing the hospital's community benefits plan.(3) A disclosure of the amount and types of community     benefits actually provided, including charity care, and details about financial assistance applications received and processed by the hospital as specified in paragraph (5) of subsection (a) of Section 22. Charity care must be reported separate from other community benefits. In reporting charity care, the hospital must report the actual cost of services provided, based on the total cost to charge ratio derived from the hospital's Medicare cost report (CMS 2552-96 Worksheet C, Part 1, PPS Inpatient Ratios), not the charges for the services. For a health system that includes more than one hospital, charity care spending and financial assistance application data must be reported separately for each individual hospital within the health system.(4) Audited annual financial reports for its most     recently completed fiscal year.(b) Each nonprofit hospital shall annually file a report of the community
benefits
plan with the Attorney General. The report must be filed not later than the
last day of the sixth month after the close of the hospital's fiscal year,
beginning with the hospital fiscal year that ends in 2004.(c) Each nonprofit hospital shall prepare a statement that notifies the
public
that
the annual report of the community benefits plan is:(1) public information;(2) filed with the Attorney General; and(3) available to the public on request from the     Attorney General.This statement shall be made available to the public.(d) The obligations of a hospital under this Act, except for the filing of
its audited financial report, shall take effect beginning with the hospital's
fiscal year that begins after the effective date of this Act.  Within 60 days
of the effective date of this Act, a hospital shall file the audited annual
financial report that has been completed for its most recently completed fiscal
year.  Thereafter, a hospital shall include its audited annual financial report
for its most recently completed fiscal year in its annual report of its
community benefits plan.
(Source: P.A. 102-581, eff. 1-1-22.) (210 ILCS 76/22)Sec. 22. Public reports.(a) In order to increase transparency and accessibility of charity care and financial assistance data, a hospital shall make the annual hospital community benefits plan report submitted to the Attorney General under Section 20 available to the public by publishing the information on the hospital's website in the same location where annual reports are posted or on a prominent location on the homepage of the hospital's website. A hospital is not required to post its audited financial statements. Information made available to the public shall include, but shall not be limited to, the following:(1) The reporting period.(2) Charity care costs consistent with the reporting     requirements in paragraph (3) of subsection (a) of Section 20. Charity care costs associated with services provided in a hospital's emergency department shall be reported as a subset of total charity care costs.(3) Total net patient revenue, reported separately by     hospital if the reporting health system includes more than one hospital.(4) Total community benefits spending. If a hospital     is owned or operated by a health system, total community benefits spending may be reported as a health system.(5) Data on financial assistance applications     consistent with the reporting requirements in paragraph (3) of subsection (a) of Section 20, including:(A) the number of applications submitted to the         hospital, both complete and incomplete;(B) the number of applications approved; and(C) the number of applications denied and the 5         most frequent reasons for denial.(6) To the extent that race, ethnicity, sex, or     preferred language is collected and available for financial assistance applications, the data outlined in paragraph (5) shall be reported by race, ethnicity, sex, and preferred language. If this data is not provided by the patient, the hospital shall indicate this in its reports. Public reporting of this information shall begin with the community benefit report filed on or after July 1, 2022. A hospital that files a report without having a full year of demographic data as required by this Act may indicate this in its report.(b) The Attorney General shall provide notice on the Attorney General's website informing the public that, upon request, the Attorney General will provide the annual reports filed with the Attorney General under Section 20. The notice shall include the contact information to submit a request. 
(Source: P.A. 102-581, eff. 1-1-22.) (210 ILCS 76/25)Sec. 25. 
		Failure to file annual report. 
		The Attorney General may assess a
late filing fee against a nonprofit hospital that fails to make a report of the
community benefits
plan as required under this Act in an amount not to exceed $100.  The Attorney
General may grant extensions for good cause. No penalty may be
assessed against a
hospital under this Section until 30 business days have elapsed after written
notification
to the hospital of its failure to file a report.
		(Source: P.A. 93-480, eff. 8-8-03.) (210 ILCS 76/30)Sec. 30. 
		Other rights and remedies retained. 
		The rights and remedies
provided for in this Act are in addition to other statutory or common law
rights or
remedies available to the State.
		(Source: P.A. 93-480, eff. 8-8-03.) (210 ILCS 76/40)Sec. 40. 
		Home rule. 
		A home rule unit may not regulate hospitals
in a manner inconsistent with the provisions of this Act.  This
Section is a limitation under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule units of powers
and functions exercised by the State.
		(Source: P.A. 93-480, eff. 8-8-03.) (210 ILCS 76/99)Sec. 99. 
		Effective date. 
		This Act takes effect upon becoming law.
		(Source: P.A. 93-480, eff. 8-8-03.)
(210 ILCS 80/0.01) (from Ch. 111 1/2, par. 85z)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Hospital Emergency Service Act.
		(Source: P.A. 86-1324.) (210 ILCS 80/1) (from Ch. 111 1/2, par. 86)Sec. 1. 
Every hospital required to be licensed by the Department of Public
Health pursuant to the Hospital Licensing Act which provides general medical
and surgical
hospital services, except long-term acute care hospitals and rehabilitation hospitals identified in Section 1.3 of this Act, shall provide a hospital emergency service in accordance
with rules and regulations adopted by the Department of Public Health and
shall furnish such hospital emergency services to any applicant who applies
for the same in case of injury or acute medical condition where the same is
liable to cause death or severe injury or serious illness.
For purposes of this Act, "applicant" includes any person who is brought
to a hospital by ambulance or specialized emergency medical services
vehicle as defined in the Emergency Medical Services (EMS) Systems Act.
(Source: P.A. 97-667, eff. 1-13-12; 98-683, eff. 6-30-14.) (210 ILCS 80/1.1) (from Ch. 111 1/2, par. 86.1)Sec. 1.1. 
		(Repealed). 
		(Source: P.A. 76-1858.  Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 80/1.2) (from Ch. 111 1/2, par. 86.2)Sec. 1.2. 
		(Repealed). 
		(Source: P.A. 76-1858. Repealed by P.A. 89-177, eff. 7-19-95.) (210 ILCS 80/1.3)Sec. 1.3. Long-term acute care hospitals and rehabilitation hospitals. For the purpose of this Act, general acute care hospitals designated by Medicare as long-term acute care hospitals and rehabilitation hospitals are not required to provide hospital emergency services described in Section 1 of this Act. Hospitals defined in this Section may provide hospital emergency services at their option.Any long-term acute care hospital that opts to discontinue or otherwise not provide emergency services described in Section 1 shall:(1) comply with all provisions of the federal     Emergency Medical Treatment and Labor Act (EMTALA);(2) comply with all provisions required under the     Social Security Act;(3) provide annual notice to communities in the     hospital's service area about available emergency medical services; and(4) make  educational materials available to     individuals who are present at the hospital concerning the availability of medical services within the hospital's service area.Long-term acute care hospitals that operate standby emergency services as of January 1, 2011 may discontinue hospital emergency services by notifying the Department of Public Health. Long-term acute care hospitals that operate basic or comprehensive emergency services must notify the Health Facilities and Services Review  Board and follow the appropriate procedures.Any rehabilitation hospital that opts to discontinue or otherwise not provide emergency services described in Section 1 shall:(1) comply with all provisions of the federal     Emergency Medical Treatment and Active Labor Act (EMTALA);(2) comply with all provisions required under the     Social Security Act;(3) provide annual notice to communities in the     hospital's service area about available emergency medical services;(4) make educational materials available to     individuals who are present at the hospital concerning the availability of medical services within the hospital's service area;(5) not use the term "hospital" in its name or on any     signage; and(6) notify in writing the Department and the Health     Facilities and Services Review Board of the discontinuation.(Source: P.A. 97-667, eff. 1-13-12; 98-683, eff. 6-30-14; 98-756, eff. 7-16-14.) (210 ILCS 80/1.6) (from Ch. 111 1/2, par. 86.6)Sec. 1.6. 
		
		The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of any rule required
by federal law in connection with which the Department is precluded by law from
exercising any discretion.
		(Source: P.A. 88-45.) (210 ILCS 80/2) (from Ch. 111 1/2, par. 87)Sec. 2. 
		
		Any hospital or other person violating any of the provisions of
this Act or refusing to perform any duties imposed by this Act shall be
guilty of a business offense and subject to a fine not exceeding $10,000
for each violation, and any fine imposed shall be paid into the general
corporate funds of the city, incorporated town, or village in which the
hospital is located, or of the county, in case such hospital is outside the
limits of any incorporated municipality.
		(Source: P.A. 81-1518.)
(210 ILCS 81/1)Sec. 1. Short title. This Act may be cited as the Hospital Infant Feeding Act.
(Source: P.A. 97-713, eff. 1-1-13.) (210 ILCS 81/5)Sec. 5. Definitions. In this Act:"Baby-Friendly Hospital Initiative" means the voluntary program sponsored by the World Health Organization (WHO) and the United Nations Children's Fund (UNICEF) that recognizes hospitals that meet certain evaluation criteria regarding the promotion of breastfeeding."Department" means the Department of Public Health."Hospital" has the meaning ascribed to that term in the Hospital Licensing Act."Infant nutrition resource" means breastfeeding education and infant formula safety and preparation.
(Source: P.A. 97-713, eff. 1-1-13.) (210 ILCS 81/10)Sec. 10. Infant feeding policy required.(a) Every hospital that provides birthing services must adopt an infant feeding policy that promotes breastfeeding. In developing the policy, a hospital shall consider guidance provided by the Baby-Friendly Hospital Initiative.(b) An infant feeding policy adopted under this Section shall include guidance on the use of formula (i) for medically necessary supplementation, (ii) if preferred by the mother, or (iii) when exclusive breastfeeding is contraindicated for the mother or for the infant. 
(Source: P.A. 97-713, eff. 1-1-13.) (210 ILCS 81/15)Sec. 15. Communication of policy. A hospital shall routinely communicate the infant feeding policy to staff in the hospital's obstetric and neonatal areas, beginning with hospital staff orientation. The hospital shall also ensure that the policy and infant nutrition resources are posted (i) in a conspicuous place in the hospital's obstetric or neonatal area or (ii) on the hospital's Internet or Intranet web site or on the Internet or Intranet web site of the health system of which the hospital is a part. The hospital shall make copies of the policy available to the Department upon request.
(Source: P.A. 97-713, eff. 1-1-13.) (210 ILCS 81/20)Sec. 20. Application of policy. A hospital's infant feeding policy adopted under this Act must apply to all mother-infant couplets in the hospital's obstetric and neonatal areas.
(Source: P.A. 97-713, eff. 1-1-13.) (210 ILCS 81/99)Sec. 99. Effective date. This Act takes effect January 1, 2013. 
(Source: P.A. 97-713, eff. 1-1-13.)
(210 ILCS 83/1)Sec. 1. Short title. This Act may be cited as the MRSA Screening and Reporting Act.
(Source: P.A. 95-312, eff. 8-20-07.) (210 ILCS 83/5)Sec. 5. MRSA control program.  In order to improve the prevention of hospital-associated bloodstream infections due to methicillin-resistant Staphylococcus aureus ("MRSA"), every hospital shall establish an MRSA control program that requires:(1) Identification of all MRSA-colonized patients in     all intensive care units, and other at-risk patients identified by the hospital, through active surveillance testing.(2) Isolation of identified MRSA-colonized or     MRSA-infected patients in an appropriate manner.(3) Monitoring and strict enforcement of hand hygiene     requirements.(4) Maintenance of records and reporting of cases     under Section 10 of this Act. (Source: P.A. 95-312, eff. 8-20-07.) (210 ILCS 83/10)Sec. 10. Reporting by Department of Public Health.(a) After October 1, 2007, the Department of Public Health shall compile aggregate data for all hospitals on the total number of infections due to methicillin-resistant Staphylococcus aureus (MRSA) that (1) are present on admission to a hospital and (2) occurred during the hospital stay, reported separately, as compiled from diagnostic codes contained in the Hospital Discharge Dataset provided to the Department; provided, that this reporting requirement shall apply only for patients in all intensive care units and other at-risk patients identified by hospitals for active surveillance testing for MRSA. The Department is authorized to require hospitals, based on guidelines developed by the National Center for Health Statistics, after October 1, 2007, to submit data to the Department that is coded as "present on admission" and "occurred during the stay".(b) The Department shall make such data available on its web site, in an annual report, and on the Hospital Report Card pursuant to the Hospital Report Card Act.
(Source: P.A. 95-312, eff. 8-20-07.) (210 ILCS 83/90)Sec. 90. (Repealed).
	 
	 (Source: P.A. 95-312, eff. 8-20-07. Repealed by P.A. 96-1079, eff. 7-16-10.) (210 ILCS 83/99)Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 95-312, eff. 8-20-07.)
(210 ILCS 85/1) (from Ch. 111 1/2, par. 142)Sec. 1. 
		This Act may be cited as the Hospital Licensing Act. 
		(Source: Laws 1953, p. 811.) (210 ILCS 85/2) (from Ch. 111 1/2, par. 143)Sec. 2. 
		Purpose; findings.(a) The purpose of this Act is to provide for the better protection of
the public health through the development, establishment, and enforcement
of standards (1) for the care of individuals in hospitals, (2) for the
construction, maintenance, and operation of hospitals which, in light of
advancing knowledge, will promote safe and adequate treatment of such
individuals in hospital, and (3) that will have regard to the necessity of
determining that a person establishing a hospital have the qualifications,
background, character and financial resources to adequately provide a
proper standard of hospital service for the community.(b) The Illinois General Assembly finds:(1) That the citizens of Illinois are not served by     the inappropriate use of economic criteria in determining an individual's qualifications for initial or continuing medical staff membership or privileges.(2) That the inappropriate use of economic criteria     in determining an individual's qualifications for initial or continuing medical staff membership or privileges may deprive the citizens of Illinois access to a choice of the health care providers.(3) That it is in the interest of the people of the     State of Illinois to establish safeguards that (i) require hospitals and hospital based providers to explain to individual providers the reasons, including economic factors, for credentialing decisions, (ii) allow an opportunity for a fair hearing, and (iii) report economic credentialing to the Hospital Licensing Board for further study. As used in this Section and defined by the American Medical Association, "economic credentialing" means the use of economic criteria unrelated to quality of care or professional competency in determining an individual's qualifications for initial or continuing medical staff membership or privileges.		(Source: P.A. 88-654, eff. 1-1-95.) (210 ILCS 85/3)Sec. 3. As used in this Act:(A) "Hospital" means any institution, place, building, buildings on a campus, or agency, public
or private, whether organized for profit or not, devoted primarily to the
maintenance and operation of facilities for the diagnosis and treatment or
care of 2 or more unrelated persons admitted for overnight stay or longer
in order to obtain medical, including obstetric, psychiatric and nursing,
care of illness, disease, injury, infirmity, or deformity.The term "hospital", without regard to length of stay, shall also
include:(a) any facility which is devoted primarily to     providing psychiatric and related services and programs for the diagnosis and treatment or care of 2 or more unrelated persons suffering from emotional or nervous diseases;(b) all places where pregnant females are received,     cared for, or treated during delivery irrespective of the number of patients received; and(c) on and after January 1, 2023, a rural emergency     hospital, as that term is defined under subsection (kkk)(2) of Section 1861 of the federal Social Security Act; to provide for the expeditious and timely implementation of this amendatory Act of the 102nd General Assembly, emergency rules to implement the changes made to the definition of "hospital" by this amendatory Act of the 102nd General Assembly may be adopted by the Department subject to the provisions of Section 5-45 of the Illinois Administrative Procedure Act.The term "hospital" includes general and specialized hospitals,
tuberculosis sanitaria, mental or psychiatric hospitals and sanitaria, and
includes maternity homes, lying-in homes, and homes for unwed mothers in
which care is given during delivery.The term "hospital" does not include:(1) any person or institution required to be licensed     pursuant to the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act;(2) hospitalization or care facilities maintained by     the State or any department or agency thereof, where such department or agency has authority under law to establish and enforce standards for the hospitalization or care facilities under its management and control;(3) hospitalization or care facilities maintained by     the federal government or agencies thereof;(4) hospitalization or care facilities maintained by     any university or college established under the laws of this State and supported principally by public funds raised by taxation;(5) any person or facility required to be licensed     pursuant to the Substance Use Disorder Act;(6) any facility operated solely by and for persons     who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any well-recognized church or religious denomination;(7) an Alzheimer's disease management center     alternative health care model licensed under the Alternative Health Care Delivery Act; or(8) any veterinary hospital or clinic operated by a     veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 or maintained by a State-supported or publicly funded university or college.(B) "Person" means the State, and any political subdivision or municipal
corporation, individual, firm, partnership, corporation, company,
association, or joint stock association, or the legal successor thereof.(C) "Department" means the Department of Public Health of the State of
Illinois.(D) "Director" means the Director of Public Health of
the State of Illinois.(E) "Perinatal" means the period of time
between the conception of an
infant and the end of the first month after birth.(F) "Federally designated organ procurement agency" means the organ
procurement agency designated by the Secretary of the U.S. Department of Health
and Human Services for the service area in which a hospital is located; except
that in the case of a hospital located in a county adjacent to Wisconsin
which currently contracts with an organ procurement agency located in Wisconsin
that is not the organ procurement agency designated by the U.S. Secretary of
Health and Human Services for the service area in which the hospital is
located, if the hospital applies for a waiver pursuant to 42 U.S.C. 
1320b-8(a), it may designate an organ procurement agency
located in Wisconsin to be thereafter deemed its federally designated organ
procurement agency for the purposes of this Act.(G) "Tissue bank" means any facility or program operating in Illinois
that is certified by the American Association of Tissue Banks or the Eye Bank
Association of America and is involved in procuring, furnishing, donating,
or distributing corneas, bones, or other human tissue for the purpose of
injecting, transfusing, or transplanting any of them into the human body.
"Tissue bank" does not include a licensed blood bank.  For the purposes of this
Act, "tissue" does not include organs.(H) "Campus", as this term applies to operations, has the same meaning as the term "campus" as set forth in federal Medicare regulations, 42 CFR 413.65. (Source: P.A. 102-1118, eff. 1-18-23.) (210 ILCS 85/4) (from Ch. 111 1/2, par. 145)Sec. 4. 
		
		No person shall establish a hospital without first obtaining a
permit from the Department and no person shall open, conduct, operate, or
maintain a hospital without first obtaining a license from the Department.Nothing in this Act shall be construed to impair or abridge the power of
municipalities to license and regulate hospitals, provided that the
municipal ordinance substantially complies with the minimum standards and
regulations developed by the Department pursuant to the provisions of this
Act. Such compliance shall be determined by the Department subject to
review as provided in Section 13 of this Act. Section 13 of this Act
shall also be applicable to the judicial review of final administrative
decisions of the regulatory agency of the municipality. Any municipality
having an ordinance licensing and regulating hospitals which provides for
minimum standards and regulations substantially in compliance with those
developed pursuant to this Act shall make such periodic reports to the
Department as the Department deems necessary. This report shall include a
list of hospitals meeting standards substantially equivalent to those
promulgated by the Department under this Act, and upon the receipt of such
report the Department may then issue a license to such hospital.
		(Source: Laws 1965, p. 2350.) (210 ILCS 85/4.5)Sec. 4.5. Hospital with multiple locations; single license.(a) A hospital located in a county with fewer than 3,000,000 inhabitants may
apply to the Department for approval to conduct its operations from more than
one location within the county under a single license. At the time of the application to operate under a single license, a hospital located in a county with fewer than 125,000 inhabitants may apply to the Department for approval to conduct its operations from more than one location within contiguous counties in which both facilities are located, provided that the second county has fewer than 35,000 inhabitants.(b) The facilities or buildings at those locations must be owned or
operated together by a single corporation or other legal entity serving as the
licensee and must share:(1) a single board of directors with responsibility     for governance, including financial oversight and the authority to designate or remove the chief executive officer;(2) a single medical staff accountable to the board     of directors and governed by a single set of medical staff bylaws, rules, and regulations with responsibility for the quality of the medical services; and(3) a single chief executive officer, accountable to     the board of directors, with management responsibility.(c) Each hospital building or facility that is located on a site
geographically separate from the campus or premises of another hospital
building or facility operated by the licensee must, at a minimum, individually
comply with the Department's hospital licensing requirements for emergency
services.(d) The hospital shall submit to the Department a comprehensive plan in
relation to the waiver or waivers requested
describing the services and operations of each facility or building and how
common services or operations will be coordinated between the various
locations.  With the exception of items required by subsection (c), the
Department is authorized to waive compliance with the hospital
licensing requirements for specific buildings or facilities, provided that the
hospital has documented which other building or facility under its single
license provides that service or operation, and that doing so would not
endanger the public's health, safety, or welfare.  Nothing in this Section
relieves a hospital from the requirements of the Health Facilities Planning
Act.
(Source: P.A. 102-887, eff. 5-17-22.) (210 ILCS 85/4.6)Sec. 4.6. Additional licensing requirements.(a) Notwithstanding any other law or rule to the contrary, the Department
may license as a hospital a building
that (i) is owned or operated by a hospital licensed
under
this Act, (ii) is located in a municipality with a population of less than
60,000, and
(iii) includes a postsurgical recovery care center licensed under the
Alternative
Health Care Delivery Act for a period of not less than 2 years, an ambulatory
surgical treatment center licensed under the Ambulatory Surgical Treatment
Center Act, and a
Freestanding
Emergency Center licensed under the Emergency Medical Services (EMS)
Systems Act.  Only the components of the building which are currently licensed
shall be eligible under the provisions of this Section.(b) Prior to issuing a license, the Department shall inspect the facility
and
require the facility to meet such of the Department's rules relating to
the
establishment of hospitals as the Department determines are appropriate to such
facility.  Once the Department approves the facility and issues a hospital
license, all other licenses as listed in subsection (a) above shall be null and
void.(c) Only one license may be issued under the authority of this Section.
No license may be issued after 18 months after the effective date of this
amendatory Act of the 91st General Assembly.(d) Beginning on the effective date of this amendatory Act of the 96th General Assembly, each hospital building or facility that is (i) located on the campus of the licensee but on a site that is not contiguous, adjacent, or otherwise attached to the main hospital building of the campus of the licensee, (ii) operated by the licensee, and (iii) provides inpatient services to patients at this building or facility shall, at a minimum, individually comply with the Department's hospital licensing requirements for emergency services. The hospital shall submit to the Department a comprehensive plan describing the services and operations of each facility or building and how common services or operations will be coordinated between the various locations. The Department shall review the plan and may authorize a waiver granting an exemption for compliance with the hospital licensing requirements for specific buildings or facilities, including requirements for emergency services, provided that the hospital has documented which other building or facility under its single license provides that service or operation, and that doing so would not endanger the public's health, safety, or welfare. Nothing in this Section relieves a hospital from the requirements of the Illinois Health Facilities Planning Act.(Source: P.A. 96-1515, eff. 2-4-11.) (210 ILCS 85/4.7)Sec. 4.7. Additional licensing requirements.(a) A hospital located in a county with fewer than 325,000 inhabitants may apply to the Department for approval to conduct its operations from more than one location within the county under a single license at a separate building or facility already licensed as a hospital. The operations shall be limited to psychiatric services. The host hospital shall house the licensee. The licensee's application shall be supported by information that its operations at the host hospital will provide access to necessary services for the region that the host hospital does not provide. The services proposed by the licensee at the host hospital shall not consist of emergency services.(b) The portion of the facilities or buildings operated by the licensee at the host hospital shall be leased in part and operated by a single corporation or other legal entity serving as the licensee and shall have a single:(1) board of directors with the responsibility for     governance, including financial oversight and authority to designate or remove the chief executive officer;(2) medical staff accountable to the board of     directors of the licensee and governed by a single set of medical staff bylaws and associated rules and regulation of the licensee, with responsibility for the quality of the medical services provided by the licensee at the host hospital side; and(3) chief executive officer, accountable to the board     of directors of the licensee, with management responsibility for the licensee's operations at the host hospital site.The host hospital and licensee shall be jointly responsible for hospital licensing requirements relating to design and construction, engineering and maintenance of the physical plan, waste disposal, and fire safety.(c) The licensee and host hospital shall notify the public and patients through general signage and written notification provided upon admission that services are provided at the host hospital site by 2 separately licensed hospitals. The signage shall specify which services are provided by the host hospital or the licensee or both.(d) One emergency department shall serve the host hospital. Patients shall be notified that emergency services are provided by the host hospital. Those patients that require admission from the emergency department to a service that is operated by the licensee shall be admitted according to the Emergency Medical Treatment and Active Labor Act regulations and transferred to the licensee. The admission, registration, and consent form documents shall be specific to the licensee.(e) The licensee and host hospital shall submit to the Department a comprehensive plan describing the services and operations of each facility or building and between the licensee and host hospital, and how common services or operations will be coordinated between the various locations. Nothing in this Section relieves a hospital from the requirements in the Illinois Health Facilities Planning Act.
(Source: P.A. 96-1505, eff. 1-27-11.) (210 ILCS 85/5) (from Ch. 111 1/2, par. 146)Sec. 5. 
(a) An application for a permit to establish a hospital shall be
made to the Department upon forms provided by it. This application shall
contain such information as the Department reasonably requires, which shall
include affirmative evidence on which the Director may make the findings
required under Section 6a of this Act.(b) An application for a license to open, conduct, operate, and maintain
a hospital shall be made to the Department upon forms provided by it, accompanied by a license fee of $55 per bed (except as otherwise provided in this subsection), or such lesser amount as the Department may establish by administrative rule in consultation with the Department of Healthcare and Family Services to comply with the limitations on health care-related taxes imposed by 42 U.S.C. 1396b(w) that, if violated, would result in reductions to the amount of federal financial participation received by the State for Medicaid expenditures, and
shall contain such information as the Department reasonably requires, which
may include affirmative evidence of ability to comply with the provisions
of this Act and the standards, rules, and regulations, promulgated by
virtue thereof. The license fee for a critical access hospital, as defined in Section 5-5e.1 of the Illinois Public Aid Code, or a safety-net hospital, as defined in Section 5-5e of the Illinois Public Aid Code, shall be $0 per bed.(c) All applications required under this Section shall be signed by the
applicant and shall be verified. Applications on behalf of a corporation or
association or a governmental unit or agency shall be made and verified by
any two officers thereof.
(Source: P.A. 98-683, eff. 6-30-14.) (210 ILCS 85/6) (from Ch. 111 1/2, par. 147)Sec. 6. 
(a) Upon receipt of an application for a permit to establish
a hospital the Director shall issue a permit if he finds (1) that the
applicant is fit, willing, and able to provide a proper standard of
hospital service for the community with particular regard to the
qualification, background, and character of the applicant, (2) that the
financial resources available to the applicant demonstrate an ability to
construct, maintain, and operate a hospital in accordance with the
standards, rules, and regulations adopted pursuant to this Act, and (3)
that safeguards are provided which assure hospital operation and
maintenance consistent with the public interest having particular regard
to safe, adequate, and efficient hospital facilities and services.The Director may request the cooperation of county and
multiple-county health departments, municipal boards of health, and
other governmental and non-governmental agencies in obtaining
information and in conducting investigations relating to such
applications.A permit to establish a hospital shall be valid only for the premises
and person named in the application for such permit and shall not be
transferable or assignable.In the event the Director issues a permit to establish a hospital the
applicant shall thereafter submit plans and specifications to the
Department in accordance with Section 8 of this Act.(b) Upon receipt of an application for license to open, conduct,
operate, and maintain a hospital, the Director shall issue a license if
he finds the applicant and the hospital facilities comply with
standards, rules, and regulations promulgated under this Act. A license,
unless sooner suspended or revoked, shall be renewable annually upon
approval by the Department and payment of a license fee as established pursuant to Section 5 of this Act. Each license shall be issued only for the
premises and persons named in the application and shall not be
transferable or assignable. Licenses shall be posted, either by physical or electronic means,  in a conspicuous
place on the licensed premises. The Department may, either before or
after the issuance of a license, request the cooperation of the State Fire
Marshal, county
and multiple county health departments, or municipal boards of health to
make investigations to determine if the applicant or licensee is
complying with the minimum standards prescribed by the Department. The
report and recommendations of any such agency shall be in writing and
shall state with particularity its findings with respect to compliance
or noncompliance with such minimum standards, rules, and regulations.The Director may issue a provisional license to any hospital which
does not substantially comply with the provisions of this Act and the
standards, rules, and regulations promulgated by virtue thereof provided
that he finds that such hospital has undertaken changes and corrections
which upon completion will render the hospital in substantial compliance
with the provisions of this Act, and the standards, rules, and
regulations adopted hereunder, and provided that the health and safety
of the patients of the hospital will be protected during the period for
which such provisional license is issued. The Director shall advise the
licensee of the conditions under which such provisional license is
issued, including the manner in which the hospital facilities fail to
comply with the provisions of the Act, standards, rules, and
regulations, and the time within which the changes and corrections
necessary for such hospital facilities to substantially comply with this
Act, and the standards, rules, and regulations of the Department
relating thereto shall be completed.
(Source: P.A. 102-4, eff. 4-27-21.) (210 ILCS 85/6.01)Sec. 6.01. 
		Domestic violence. 
		A hospital licensed
under this Act must comply with the standards relating to domestic violence
established by the Department.  In establishing these standards, the Department
shall take into consideration similar standards adopted by the Joint Commission
on Health Care Accreditation or other accrediting organization.  Nothing in
this Section requires a hospital to become accredited by the Joint Commission
on Health Care Accreditation or any other accreditation program.
		(Source: P.A. 91-163, eff. 1-1-00.) (210 ILCS 85/6.05) (from Ch. 111 1/2, par. 147.05)Sec. 6.05. 
		(Repealed). 
		(Source: P.A. 89-507, eff. 7-1-97.  Repealed by P.A. 92-790, eff. 8-6-02.) (210 ILCS 85/6.06) (from Ch. 111 1/2, par. 147.06)Sec. 6.06. 
		
		The Department shall prescribe, by regulation, standards for
hospitals to meet in order to assure proper identification of newborn infants.
Such regulations shall include but not be limited to standards that are
consistent with procedures for the identification of newborn infants recommended
by the American Academy of Pediatrics.
		(Source: P.A. 83-615.) (210 ILCS 85/6.07) (from Ch. 111 1/2, par. 147.07)Sec. 6.07. 
		
		The Department shall by regulation require the availability
and proper use of hypothermic thermometers or electronic thermometers
capable of aiding in the diagnosis of hypothermia in adequate quantity
in hospitals.
		(Source: P.A. 84-313.) (210 ILCS 85/6.08) (from Ch. 111 1/2, par. 147.08)Sec. 6.08. 
(a) Every hospital shall provide notification as required in
this Section to police officers, firefighters, emergency
medical technicians,  private emergency medical services providers, and
ambulance personnel who have provided or are about to provide transport services, emergency
care, or life support services to a patient who has been diagnosed as having
a dangerous communicable or infectious disease.  Such notification shall
not include the name of the patient, and the emergency services provider
agency and any person receiving such
notification shall treat the information received as a confidential medical
record.(b) The Department shall utilize the Centers for Disease Control and Prevention's list of potentially life-threatening infectious diseases to determine the diseases for which notification shall
be provided.(c) The hospital shall send the letter of notification no later than 48 hours 
after a confirmed diagnosis of any of the bloodborne communicable diseases listed by
the Department pursuant to subsection (b). The hospital shall attempt to make verbal communication, followed by written notification only
if the police officers, firefighters, emergency medical
technicians, private emergency medical services providers, or ambulance personnel have
indicated both verbally and on the ambulance run
sheet that a reasonable possibility exists that they have had blood or body
fluid contact with the patient, or if hospital personnel providing the
notification have reason to know of a possible exposure.(c-5) The hospital shall send the letter of notification no later than 48 hours after a confirmed diagnosis of any of the airborne or droplet-transmitted communicable diseases listed by the Department pursuant to subsection (b) and the hospital shall attempt to make verbal communication, followed by written notification.(d) Notification letters shall be sent to the designated officer at the
municipal or private provider agencies listed on the ambulance run sheet.
Except in municipalities with a population over 1,000,000, a list
attached to the
ambulance run sheet must contain all municipal and private provider
agency
personnel  who have provided any pre-hospital care immediately prior to
transport.
In municipalities with a population over 1,000,000, the
ambulance run sheet must contain the company number or unit
designation number for any fire department personnel who have
provided any pre-hospital care immediately prior to transport.
The letter
shall state the names of crew members listed on
the attachment to
the ambulance
run sheet and the name of the
communicable disease diagnosed, but shall not
contain the patient's name. Upon receipt of such notification letter, the
applicable private provider agency or the designated infectious disease
control officer of a municipal fire department or fire protection
district shall contact all personnel involved in the pre-hospital or
inter-hospital care and transport of the patient.  Such notification letter
may, but is not required to, consist of the following form:
NOTIFICATION LETTER
(NAME OF HOSPITAL)
(ADDRESS)TO:...... (Name of Organization)FROM:.....(Infection Control Coordinator)DATE:.....As required by Section 6.08 of the Illinois Hospital Licensing Act,
.....(name of hospital) is hereby providing notification that the following
crew
members or agencies transported or provided pre-hospital care to a patient
on ..... (date), and the transported patient was later
diagnosed as
having .....(name
of communicable disease): .....(list of crew members if known).  The Hospital
Licensing Act requires you to maintain this information as a confidential
medical record.  Disclosure of this information may therefore result in
civil liability for the individual or company breaching the patient's
confidentiality, or both.If you have any questions regarding this patient, please contact me at
.....(telephone number), between .....(hours).  Questions regarding exposure
or the financial aspects of obtaining medical care should be directed to your
employer.(e) Upon discharge of a patient with a communicable disease to emergency
personnel, the hospital shall notify the emergency personnel of appropriate
precautions against the communicable disease, but shall not identify the
name of the disease.(f) The hospital may, in its discretion, take any measures in addition
to those required in this Section to notify
police officers, firefighters,
emergency medical technicians,  and ambulance
personnel of possible exposure to any communicable disease.  However, in
all cases this information shall be maintained as a confidential medical
record.(g) Any person providing or failing to provide notification under the
protocol required by this Section shall have immunity from any liability,
either criminal or civil, that might result by reason of such action or
inaction, unless such action or inaction is willful.(h) Any person who willfully fails to provide any notification required
pursuant to an applicable protocol which has been adopted and approved
pursuant to this Section commits a petty offense, and shall be subject
to a fine of $200 for the first offense, and $500 for a second or subsequent
offense.(i) Nothing in this Section shall preclude a civil action by a
firefighter,
emergency medical technician, or ambulance crew member against
an emergency services provider
agency, municipal fire department, or fire protection district that fails to
inform the member in a timely
fashion of the
receipt of a notification letter.
(Source: P.A. 98-851, eff. 8-1-14.) (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)Sec. 6.09. (a) In order to facilitate the orderly transition of aged
patients and patients with disabilities from hospitals to post-hospital care, whenever a
patient who qualifies for the
federal Medicare program is hospitalized, the patient shall be notified
of discharge at least
24 hours prior to discharge from
the hospital. With regard to pending discharges to  a skilled nursing facility, the hospital must notify the case coordination unit, as defined in 89 Ill. Adm. Code 240.260, at least 24 hours prior to discharge. When the assessment is completed in the hospital, the case coordination unit shall provide a copy of the required assessment documentation directly to the nursing home to which the patient is being discharged prior to discharge. The Department on Aging shall provide notice of this requirement to case coordination units. When a case coordination unit is unable to complete an assessment in a hospital prior to the discharge of a patient, 60 years of age or older, to a nursing home, the case coordination unit shall notify the Department on Aging which shall notify the Department of Healthcare and Family Services.  The Department of Healthcare and Family Services and the Department on Aging shall adopt rules to address these instances to ensure that the patient is able to access nursing home care, the nursing home is not penalized for accepting the admission, and the patient's timely discharge from the hospital is not delayed, to the extent permitted under federal law or regulation. Nothing in this subsection shall preclude federal requirements for a pre-admission screening/mental health (PAS/MH) as required under Section 2-201.5 of the Nursing Home Care Act or State or federal law or regulation. If home health services are  ordered, the hospital must inform its designated case coordination unit, as defined in 89 Ill. Adm. Code 240.260, of the pending discharge and must provide the patient with the case coordination unit's telephone number and other contact information.(b) Every hospital shall develop procedures for a physician with medical
staff privileges at the hospital or any appropriate medical staff member to
provide the discharge notice prescribed in subsection (a) of this Section. The procedures must include prohibitions against discharging or referring a patient to any of the following if unlicensed, uncertified, or unregistered: (i) a board and care facility, as defined in the Board and Care Home Act; (ii) an assisted living and shared housing establishment, as defined in the Assisted Living and Shared Housing Act;  (iii) a facility licensed under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act; (iv) a supportive living facility, as defined in Section 5-5.01a of the Illinois Public Aid Code;  or (v) a free-standing hospice facility licensed under the Hospice Program Licensing Act if licensure, certification, or registration is required.  The Department of Public Health shall annually provide hospitals with a list of licensed, certified, or registered board and care facilities, assisted living and shared housing establishments, nursing homes, supportive living facilities, facilities licensed under the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013, and hospice facilities. Reliance upon this list by a hospital shall satisfy compliance with this requirement.
The procedure may also include a waiver for any case in which a discharge
notice is not feasible due to a short length of stay in the hospital by the patient,
or for any case in which the patient voluntarily desires to leave the
hospital before the expiration of the
24 hour period.(c) At least
24 hours prior to discharge from the hospital, the
patient shall receive written information on the patient's right to appeal the
discharge pursuant to the
federal Medicare program, including the steps to follow to appeal
the discharge and the appropriate telephone number to call in case the
patient intends to appeal the discharge.(d) Before  transfer of a patient to a long term care facility licensed under the Nursing Home Care Act where elderly persons reside, a hospital shall as soon as practicable initiate a name-based criminal history background check by electronic submission to the Illinois  State Police for all persons between the ages of 18 and 70 years; provided, however, that a hospital shall be required to initiate such a background check only with respect to patients who:(1) are transferring to a long term care facility for     the first time;(2) have been in the hospital more than 5 days;(3) are reasonably expected to remain at the long     term care facility for more than 30 days;(4) have a known history of serious mental illness or     substance abuse; and(5) are independently ambulatory or mobile for more     than a temporary period of time.A hospital may also request a criminal history background check for a patient who does not meet any of the criteria set forth in items (1) through (5).A hospital shall notify a long term care facility if the hospital  has initiated a criminal history background check on a patient being discharged to that facility. In all circumstances in which the hospital is required by this subsection to initiate the criminal history background check, the transfer to the long term care facility may proceed regardless of the availability of criminal history results. Upon receipt of the results, the hospital shall promptly forward the results to the appropriate long term care facility. If the results of the background check are inconclusive, the hospital shall have no additional duty or obligation to seek additional information from, or about, the patient. (Source: P.A. 102-538, eff. 8-20-21.) (210 ILCS 85/6.09a)Sec. 6.09a. Report of death. Every hospital shall promptly report the death of a person readily known to be, without an investigation by the hospital, a resident of a facility licensed under the ID/DD Community Care Act or the MC/DD Act, to the coroner or medical examiner. The coroner or medical examiner shall promptly respond to the report by accepting or not accepting the body for investigation.
(Source: P.A. 99-180, eff. 7-29-15.) (210 ILCS 85/6.09b)Sec. 6.09b. Patient notice of observation status.  Within 24 hours after a patient's placement into observation status by a hospital, the hospital shall provide that patient with an oral and written notice that the patient is not admitted to the hospital and is under observation status. The written notice shall be signed by the patient or the patient's legal representative to acknowledge receipt of the written notice and shall include, but not be limited to, the following information:(1) a statement that observation status may affect     coverage under the federal Medicare program, the  medical assistance program under Article V of the Illinois Public Aid Code, or the patient's insurance policy for the current hospital services, including medications and other pharmaceutical supplies, as well as coverage for any subsequent discharge to a skilled nursing facility or for home and community based care; and(2) a statement that the patient should contact his     or her insurance provider to better understand the implications of being placed into observation status.(Source: P.A. 99-383, eff. 8-17-15.) (210 ILCS 85/6.10) (from Ch. 111 1/2, par. 147.10)Sec. 6.10. 
		
		The Department shall adopt rules requiring hospitals
licensed under this Act to offer testing for infection with human
immunodeficiency virus (HIV) to patients upon request.  Such rules shall
provide for appropriate pre-test and post-test counseling, and may provide
for payment of the cost of testing the medically indigent in appropriate cases.Tests requested or administered under such rules shall be subject to the
provisions of the AIDS Confidentiality Act.
		(Source: P.A. 86-764; 86-1028.) (210 ILCS 85/6.11) (from Ch. 111 1/2, par. 147.11)Sec. 6.11. 
In licensing any hospital which provides for the diagnosis, care
or treatment for persons suffering from mental or emotional disorders or
for persons with intellectual disabilities, the Department shall consult with the
Department of Human Services in developing
standards for and evaluating the psychiatric programs of such hospitals.
(Source: P.A. 99-143, eff. 7-27-15.) (210 ILCS 85/6.12) (from Ch. 111 1/2, par. 147.12)Sec. 6.12. 
		
		The provisions of the Illinois Administrative Procedure Act
are hereby expressly adopted and shall apply to all administrative rules
and procedures of the Department of Public Health under this Act, except
that Section 5-35 of the Illinois Administrative Procedure Act
relating to procedures for rule-making does not apply to the adoption of any
rule required by federal law in connection with which the Department is
precluded by law from exercising any discretion.
		(Source: P.A. 87-435; 88-45.) (210 ILCS 85/6.13) (from Ch. 111 1/2, par. 147.13)Sec. 6.13. 
		
		Any hospital licensed under this Act may provide a program
or service for the temporary custodial care of mildly ill children who,
because of their illness, are unable to attend school or to participate in
their normal day care program.  The Department shall develop minimum
standards, rules and regulations to govern the operation of a sick child
day program which is operated by a hospital and located on the hospital's
licensed premises.  Any such standards, rules and regulations shall provide
that:(a) a sick child day program may be located anywhere on the hospital's
licensed premises, including patient care units, when the following
conditions are met:(1) Children in the sick child day program shall not     simultaneously occupy the same room as a hospital patient; and(2) Children in the sick child day program who are     recovering from non-contagious conditions shall be cared for in a room separate from children registered in the program who have contagious conditions.(b) children registered in a sick child day program are not considered
to be hospital patients, and are not required to be under the professional
care of a member of the hospital's medical staff except in those cases
where emergency medical treatment is needed during the time the child is on
the program premises; and(c) medication may be administered to a child in a sick child program
when the following conditions are met:(1) Prescription medications shall be labeled with     the child's name, directions for administering the medication, the date, the physician's name, the prescription number, and the dispensing drug store or pharmacy. Only current prescription medications will be administered by the program. Nothing in this paragraph (1) shall be construed to prohibit program staff from administering medication prescribed by any licensed professional who is permitted by law to do so, whether or not the professional is a member of the hospital's medical staff.(2) Written parental permission shall be obtained     before non-prescription medication is administered.  Such medication shall be administered in accordance with package instructions.		(Source: P.A. 86-1461; 87-435.) (210 ILCS 85/6.14) (from Ch. 111 1/2, par. 147.14)Sec. 6.14. 
		Resident and intern duty hour requirements. 
		Hospitals
licensed under this Act shall comply with the duty hour requirements for
residents and interns established by the Accreditation Council for Graduate
Medical Education.
		(Source: P.A. 87-947.) (210 ILCS 85/6.14a)Sec. 6.14a. Public disclosure of information. The following
information is subject to disclosure to
the public from the Department:(1) Information submitted under Section 5 of this Act;(2) Final records of license and certification     inspections, surveys, and evaluations of hospitals; and(3) Investigated complaints filed against a hospital     and complaint investigation reports, except that a complaint or complaint investigation report shall not be disclosed to a person other than the complainant or complainant's representative before it is disclosed to a hospital, and except that a complainant or patient's name shall not be disclosed.The Department shall disclose information under this Section in
accordance with provisions for inspection and copying of public records
required by the Freedom of Information Act.However, the disclosure of information described in subsection (1) shall
not be restricted by any provision of the Freedom of Information Act.Notwithstanding any other provision of law, under no circumstances shall the
Department disclose information obtained from a hospital that is confidential
under Part 21 of Article VIII of the Code of Civil Procedure.Any records or reports of inspections, surveys, or evaluations of hospitals
may be disclosed only after the acceptance of a plan of correction by the
Health Care Financing Administration of the U.S. Department of Health and Human
Services or the Department, as appropriate, or at the conclusion of any
administrative review of the Department's decision, or at the conclusion of any
judicial review of such administrative decision.  Whenever any record or report
is subject to disclosure under this Section, the Department shall permit the
hospital to provide a written statement pertaining to such report which shall
be included as part of the information to be disclosed.  The Department shall
not divulge or disclose any record or report in a manner that identifies or
would permit the identification of any natural person.
(Source: P.A. 98-463, eff. 8-16-13.) (210 ILCS 85/6.14b)Sec. 6.14b. 
		Confidentiality of patient records.(a) The Department shall
respect the confidentiality of a patient's record and shall not divulge or
disclose the contents of a
record in a manner which identifies a patient, except upon a patient's
death to a relative or guardian, as permitted by law, or under judicial
proceedings.  This
Section shall not be construed to limit the right of a patient to inspect
or copy his or her records.(b) Confidential medical, social, personal, or financial information
identifying a patient shall not be available for public inspection in a
manner which identifies a patient.
		(Source: P.A. 91-242, eff. 1-1-00.) (210 ILCS 85/6.14c)Sec. 6.14c. Posting of information. Every hospital shall conspicuously post, either by physical or electronic means,
for display in an
area of its offices accessible to patients, employees, and visitors the
following:(1) its current license;(2) a description, provided by the Department, of     complaint procedures established under this Act and the name, address, and telephone number of a person authorized by the Department to receive complaints;(3) a list of any orders pertaining to the hospital     issued by the Department during the past year and any court orders reviewing such Department orders issued during the past year; and(4) a list of the material available for public     inspection under Section 6.14d.Each hospital shall post, either by physical or electronic means, in each facility that has an  emergency room, a notice in a conspicuous location in the emergency room with information about how to enroll in health insurance through the Illinois health insurance marketplace in accordance with Sections 1311 and 1321 of the federal Patient Protection and Affordable Care Act. (Source: P.A. 101-117, eff. 1-1-20; 102-4, eff. 4-27-21.) (210 ILCS 85/6.14d)Sec. 6.14d. 
		Materials available for public inspection. 
		A hospital shall
retain for 5 years the following for public inspection:(1) a complete copy of every final inspection report     of the hospital received from the Department; and(2) a copy of every final order pertaining to the     hospital issued by the Department during the past 5 years and any court orders reviewing such Department orders.		(Source: P.A. 91-242, eff. 1-1-00.) (210 ILCS 85/6.14e)Sec. 6.14e. 
		Storage and transfer of patient records. 
		If a facility closes
due to insolvency or for any other reason, the facility must notify the
Department where the patient records are stored or transferred.
		(Source: P.A. 93-322, eff. 1-1-04.) (210 ILCS 85/6.14f)Sec. 6.14f. Reports to the trauma registry; certain accidents involving persons under the age of 18 years. A trauma center that treats any person under the age of 18 years for injuries suffered in an accident involving a motor vehicle backing over a child or the power window of a motor vehicle must report the accident to the trauma registry.
(Source: P.A. 94-671, eff. 8-23-05.) (210 ILCS 85/6.14g)Sec. 6.14g. Reports to the Department; opioid overdoses.(a) As used in this Section:"Overdose" has the same meaning as provided in Section 414 of the Illinois Controlled Substances Act."Health care professional" includes a physician licensed to practice medicine in all its branches, a physician assistant, or an advanced practice registered nurse licensed in the State.(b)  When treatment is provided in a hospital's emergency department, a health care professional who treats a drug overdose or hospital administrator or designee shall report the case to the Department of Public Health within 48 hours of providing treatment for the drug overdose or at such time the drug overdose is confirmed.  The Department shall by rule create a form for this purpose which requires the following information, if known: (1) whether an opioid antagonist was administered; (2) the cause of the overdose; and (3) the demographic information of the person treated.  The Department shall create the form with input from the statewide association representing a majority of hospitals in Illinois.  The person completing the form may not disclose the name, address, or any other personal information of the individual experiencing the overdose.(c)  The identity of the person and entity reporting under this subsection shall not be disclosed to the subject of the report. For the purposes of this subsection, the health care professional, hospital administrator, or designee making the report and his or her employer shall not be held criminally, civilly, or professionally liable for reporting under this subsection, except for willful or wanton misconduct.(d)  The Department shall provide a semiannual report to the General Assembly summarizing the reports received.  The Department shall also provide on its website a monthly report of drug overdose figures.  The figures shall be organized by the overdose location, the age of the victim, the cause of the overdose, and any other factors the Department deems appropriate. 
(Source: P.A. 99-480, eff. 9-9-15; 100-513, eff. 1-1-18.) (210 ILCS 85/6.15)Sec. 6.15. 
		Abduction of infant patient. 
		Every hospital, as a condition of
licensure under this Act, shall demonstrate to the Department that the hospital
has adopted the following procedures:(1) Procedures designed to reduce the likelihood that     an infant patient will be abducted from the hospital.  The procedures may include, but need not be limited to, architectural plans to control access to infant care areas, video camera observation of infant care areas, and procedures for identifying hospital staff and visitors.(2) Procedures designed to aid in identifying     allegedly abducted infants who are recovered.  The procedures may include, but need not be limited to, footprinting infants by staff who have been trained in that procedure, photographing infants, and obtaining and retaining blood samples for genetic testing.		(Source: P.A. 88-689, eff. 1-1-96.) (210 ILCS 85/6.16)Sec. 6.16. Agreement with designated organ procurement agency.   Each
hospital licensed under this Act shall have an agreement with its federally
designated organ procurement agency providing for notification of the organ
procurement agency when potential organ donors become available, as
required in Section 5-25 of the Illinois Anatomical Gift Act.

					(Source: P.A. 93-794, eff. 7-22-04.) (210 ILCS 85/6.17)Sec. 6.17. 
		
		Protection of and confidential access to medical records
and information.(a) Every hospital licensed under this Act shall develop a medical record
for each of its patients as required by the Department by rule.(b) All information regarding a hospital patient gathered by the hospital's
medical staff and its agents and employees shall be the property and
responsibility of the hospital and must be protected from inappropriate
disclosure as provided in this Section.(c) Every hospital shall preserve its medical records in a format and for a
duration established by hospital policy and for not less than 10 years,
provided that if the hospital has been notified in writing by an attorney
before the expiration of the 10 year retention period that there is litigation
pending in court involving the record of a particular patient as possible
evidence and that the patient is his client or is the person who has instituted
such litigation against his client, then the hospital shall retain the record
of that patient until notified in writing by the plaintiff's attorney, with the
approval of the defendant's attorney of record, that the case in court
involving
such record has been concluded or for a period of 12 years from the date that
the record was produced, whichever occurs first in time.(d) No member of a hospital's medical staff and no agent or employee of a
hospital shall disclose the nature or details of services provided to patients,
except that the information may be disclosed to the patient, persons authorized
by the patient, the party making treatment decisions, if the patient
is incapable of making decisions regarding the health services provided, those
parties directly involved with providing treatment to the patient or processing
the payment for that treatment, those parties responsible for peer review,
utilization review or quality assurance, risk management, or
defense of claims
brought against the hospital arising out of the care, and those parties
required to be notified under the Abused and Neglected Child Reporting Act, the
Illinois Sexually Transmissible Disease Control Act, or where otherwise
authorized or required by law.(e) The hospital's medical staff members and the hospital's agents and
employees may communicate, at any time and in any fashion, with legal counsel
for
the hospital concerning the patient medical record privacy and retention
requirements of this Section and any care or treatment they provided or
assisted in providing to any patient within the scope of their employment
or affiliation with the hospital.(e-5) Notwithstanding subsections (d) and (e), for actions filed on or
after January 1, 2004, after a complaint for healing art malpractice is
served upon the hospital or upon its agents or employees, members of the
hospital's medical staff who are not actual or alleged agents, employees, or
apparent agents of the hospital may not communicate with legal counsel for the
hospital or with risk management of the hospital concerning the claim alleged
in
the complaint for healing art malpractice against the hospital except with the
patient's consent or in discovery authorized by the Code of Civil Procedure or
the Supreme Court rules.  For the purposes of this subsection (e-5),
"hospital" includes a hospital affiliate as defined in subsection (b) of
Section 10.8 of this Act.(f) Each hospital licensed under this Act shall provide its
federally
designated organ procurement agency and any tissue bank with which it has an
agreement with access to the medical records of deceased patients for the
following purposes:(1) estimating the hospital's organ and tissue     donation potential;(2) identifying the educational needs of the hospital     with respect to organ and tissue donation; and(3) identifying the number of organ and tissue     donations and referrals to potential organ and tissue donors.(g) All hospital and patient information, interviews, reports,
statements,
memoranda, and other data obtained or created by a tissue bank or federally
designated organ procurement agency from the medical records review described
in subsection (f) shall be privileged, strictly confidential, and
used
only for
the purposes put forth in subsection (f) of this Section and shall
not
be
admissible as evidence nor discoverable in an action of any kind in court or
before a tribunal, board, agency, or person.(h)  Any person who, in good faith, acts in accordance with the
terms
of this Section shall not be subject to any type of civil or criminal liability
or
discipline for unprofessional conduct for those actions under any
professional
licensing statute.(i) Any individual who wilfully or wantonly discloses hospital or medical
record information in violation of
this Section is guilty of a Class A
misdemeanor.  As used in this subsection, "wilfully or wantonly" means a course
of action that shows an actual or deliberate intention to cause harm or that,
if not intentional, shows an utter indifference to or conscious disregard for
the safety of others or their property.(j) The changes to this Section made by this amendatory Act of the 93rd
General Assembly apply to any action filed on or after January 1, 2004.
		(Source: P.A. 93-492, eff. 1-1-04.) (210 ILCS 85/6.18)Sec. 6.18. 
		(Repealed). 
		(Source: P.A. 90-710, eff. 8-7-98.  Repealed by P.A. 92-790, eff.
8-6-02.) (210 ILCS 85/6.19)Sec. 6.19. Do-not-resuscitate orders and Department of Public Health Uniform POLST form. Every facility licensed under this
Act shall establish a policy for the implementation of practitioner orders
concerning cardiopulmonary resuscitation (CPR) or life-sustaining treatment including, but not limited to,
"do-not-resuscitate" orders.  This policy  may prescribe only the format,
method of documentation, and duration of any practitioner orders.  The policy may include forms to be used.  Any orders issued
under the policy shall be honored by the facility.  The Department of Public
Health Uniform POLST form described in Section 2310-600 of the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois, or a copy of that form or a previous version of the uniform form,  shall be honored under any
policy established under this Section.
(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16.) (210 ILCS 85/6.20)Sec. 6.20. 
		Use of restraints. 
		Each hospital licensed under this Act must
have a written policy to address the use of
restraints and seclusion in the hospital.  The Department shall establish, by
rule, the provisions that the policy must include, which,
to the extent practicable, should be consistent with the requirements for
participation in the federal Medicare program.  Each
hospital policy shall include periodic review of the use of restraints or
seclusion in the hospital.In hospitals, restraints or seclusion may only be  ordered by (i) a physician
licensed to practice medicine in all its branches
or (ii) a registered nurse with supervisory responsibilities as authorized by
the medical staff.  The medical staff of a hospital may
adopt a policy specifying the requirements for the use of restraints or
seclusion and identifying whether a registered nurse with
supervisory responsibilities may order restraints or seclusion in the hospital
when the patient's treating physician is
not available.Registered nurses authorized to order restraints or seclusion shall have
appropriate training and experience as determined
by medical staff policy.  The treating physician shall be notified when
restraints or seclusion are ordered by a registered
nurse.  Nothing in this Section requires that a medical staff
authorize a registered nurse with supervisory responsibilities
to order restraints or seclusion.
		(Source: P.A. 92-356, eff. 10-1-01.) (210 ILCS 85/6.21)Sec. 6.21. Umbilical cord blood donation.(a) All licensed hospitals shall offer a pregnant patient the option to
donate, to a publicly accessible certified cord blood bank, blood extracted
from the umbilical cord following the delivery of a newborn child if the
donation can be made at no expense to the patient or
hospital for collection or storage.(b) Nothing in this Section obligates a hospital to collect umbilical cord
blood if, in the professional judgment of a physician licensed to practice
medicine in all its branches or a nurse, the collection would threaten the
health of the mother or child.(c) Nothing in this Section imposes a requirement upon any hospital
employee, physician, nurse, or hospital that is directly affiliated with a bona
fide religious denomination that includes as an integral part of its beliefs
and practices the tenet that blood transfer is contrary to the moral
principles
the
denomination considers to be an essential part of its beliefs.(d) Subject to appropriations for that purpose, the Department of Public Health shall make the maximization of umbilical cord blood donations a public health goal. All licensed hospitals and birthing centers shall cooperate with the Department of Public Health in implementing this goal of increasing donations of umbilical cord blood.
					(Source: P.A. 93-143, eff. 1-1-04; 94-832, eff. 6-5-06.) (210 ILCS 85/6.22)Sec. 6.22. Arrangement for transportation of patient by an ambulance service provider.(a) In this Section:"Ambulance service provider" means a Vehicle Service Provider as defined in the Emergency Medical Services (EMS) Systems Act who provides non-emergency transportation services by ambulance."Patient" means a person who is transported by an ambulance service provider.(b) If a hospital arranges for medi-car, service car, or ground ambulance transportation of a patient of the hospital, the hospital must provide the ambulance service provider, at or prior to transport, a Physician Certification Statement formatted and completed in compliance with federal regulations or an equivalent form developed by the hospital. Each hospital shall develop a policy requiring a physician or the physician's designee to complete the Physician Certification
Statement. The Physician Certification
Statement shall be maintained as part of the patient's medical record. A hospital shall, upon request, furnish assistance to the ambulance service provider in the completion of the form if the Physician Certification
Statement is incomplete. The Physician Certification Statement or equivalent form is not required prior to transport if a delay in transport can be expected to negatively affect the patient outcome; however, a hospital shall provide a copy of the Physician Certification
Statement to the ambulance service provider at no charge within 10 days after the request.(c) If a hospital is unable to provide a Physician Certification Statement or equivalent form, then the hospital shall provide to the patient a written notice and a verbal explanation of the written notice, which notice must meet all of the following requirements:(1) The following caption must appear at the     beginning of the notice in at least 14-point type: Notice to Patient Regarding Non-Emergency Ambulance Services.(2) The notice must contain each of the following     statements in at least 14-point type:(A) The purpose of this notice is to help you         make an informed choice about whether you want to be transported by ambulance because your medical condition does not meet medical necessity for transportation by an ambulance.(B) Your insurance may not cover the charges for         ambulance transportation.(C) You may be responsible for the cost of         ambulance transportation.(D) The estimated cost of ambulance         transportation is $(amount).(3) The notice must be signed by the patient or by     the patient's authorized representative. A copy shall be given to the patient and the hospital shall retain a copy.(d) The notice set forth in subsection (c) of this Section shall not be required if a delay in transport can be expected to negatively affect the patient outcome.(e) If a patient is physically or mentally unable to sign the notice described in subsection (c) of this Section and no authorized representative of the patient is available to sign the notice on the patient's behalf, the hospital must be able to provide documentation of the patient's inability to sign the notice and the unavailability of an authorized representative. In any case described in this subsection (e), the hospital shall be considered to have met the requirements of subsection (c) of this Section.

(Source: P.A. 100-646, eff. 7-27-18.) (210 ILCS 85/6.23)Sec. 6.23. Prevention and control of Multidrug-Resistant Organisms. Each hospital shall develop  and implement comprehensive interventions to prevent and control multidrug-resistant organisms (MDROs), including methicillin-resistant Staphylococcus aureus (MRSA), vancomycin-resistant enterococci (VRE), and certain gram-negative bacilli (GNB), that take into consideration guidelines of the U.S. Centers for Disease Control and Prevention for the management of MDROs in healthcare settings.  The Department shall adopt administrative rules that require hospitals to  perform an annual facility-wide infection control risk assessment and enforce hand hygiene and contact precaution requirements.
(Source: P.A. 95-282, eff. 8-20-07; 95-876, eff. 8-21-08.) (210 ILCS 85/6.23a)Sec. 6.23a. Sepsis screening protocols.(a) Each hospital shall adopt, implement, and periodically update evidence-based protocols for the early recognition and treatment of patients with sepsis, severe sepsis, or septic shock (sepsis protocols) that are based on generally accepted standards of care. Sepsis protocols must include components specific to the identification, care, and treatment of adults and of children, and must clearly identify where and when components will differ for adults and for children seeking treatment in the emergency department or as an inpatient. These protocols must also include the following components:(1) a process for the screening and early recognition     of patients with sepsis, severe sepsis, or septic shock;(2) a process to identify and document individuals     appropriate for treatment through sepsis protocols, including explicit criteria defining those patients who should be excluded from the protocols, such as patients with certain clinical conditions or who have elected palliative care;(3) guidelines for hemodynamic support with explicit     physiologic and treatment goals, methodology for invasive or non-invasive hemodynamic monitoring, and timeframe goals;(4) for infants and children, guidelines for fluid     resuscitation consistent with current, evidence-based guidelines for severe sepsis and septic shock with defined therapeutic goals for children;(5) identification of the infectious source and     delivery of early broad spectrum antibiotics with timely re-evaluation to adjust to narrow spectrum antibiotics targeted to identified infectious sources; and(6) criteria for use, based on accepted evidence of     vasoactive agents.(b) Each hospital shall ensure that professional staff with direct patient care responsibilities and, as appropriate, staff with indirect patient care responsibilities, including, but not limited to, laboratory and pharmacy staff, are periodically trained to implement the sepsis protocols required under subsection (a). The hospital shall ensure updated training of staff if the hospital initiates substantive changes to the sepsis protocols.(c) Each hospital shall be responsible for the collection and utilization of quality measures related to the recognition and treatment of severe sepsis for purposes of internal quality improvement.(d) The evidence-based protocols adopted under this Section shall be provided to the Department upon the Department's request.(e) Hospitals submitting sepsis data as required by the Centers for Medicare and Medicaid Services Hospital Inpatient Quality Reporting program as of fiscal year 2016 are presumed to meet the sepsis protocol requirements outlined in this Section.(f) Subject to appropriation, the Department shall:(1) recommend evidence-based sepsis definitions and     metrics that incorporate evidence-based findings, including appropriate antibiotic stewardship, and that align with the National Quality Forum, the Centers for Medicare and Medicaid Services, the Agency for Healthcare Research and Quality, and the Joint Commission;(2) establish and use a methodology for collecting,     analyzing, and disclosing the information collected under this Section, including collection methods, formatting, and methods and means for aggregate data release and dissemination;(3) complete a digest of efforts and recommendations     no later than 12 months after the effective date of this amendatory Act of the 99th General Assembly; the digest may include Illinois-specific data, trends, conditions, or other clinical factors; a summary shall be provided to the Governor and General Assembly and shall be publicly available on the Department's website; and(4) consult and seek input and feedback prior to the     proposal, publication, or issuance of any guidance, methodologies, metrics, rulemaking, or any other information authorized under this Section from statewide organizations representing hospitals, physicians, advanced practice registered nurses, pharmacists, and long-term care facilities. Public and private hospitals, epidemiologists, infection prevention professionals, health care informatics and health care data professionals, and academic researchers may be consulted.If the Department receives an appropriation and carries out the requirements of paragraphs (1), (2), (3), and (4), then the Department may adopt rules concerning the collection of data from hospitals regarding sepsis and requiring that each hospital shall be responsible for reporting to the Department.Any publicly released hospital-specific information under this Section is subject to data provisions specified in Section 25 of the Hospital Report Card Act. 
(Source: P.A. 99-828, eff. 8-18-16; 100-513, eff. 1-1-18.) (210 ILCS 85/6.24)Sec. 6.24. Time of death; patient's religious beliefs. Every hospital must adopt policies and procedures to allow health care professionals, in documenting a patient's time of death at the hospital, to take into account the patient's religious beliefs concerning the patient's time of death.
(Source: P.A. 95-181, eff. 1-1-08; 95-876, eff. 8-21-08.) (210 ILCS 85/6.25)Sec. 6.25. Safe patient handling policy.(a) In this Section:"Health care worker" means an individual providing direct patient care services who may be required to lift, transfer, reposition, or move a patient."Nurse" means an advanced practice registered nurse, a registered nurse, or a licensed practical nurse licensed under the Nurse Practice Act."Safe lifting equipment and accessories" means mechanical equipment designed to lift, move, reposition, and transfer patients, including, but not limited to, fixed and portable ceiling lifts, sit-to-stand lifts, slide sheets and boards, slings, and repositioning and turning sheets."Safe lifting team" means at least 2 individuals who are trained in the use of both safe lifting techniques and safe lifting equipment and accessories, including the responsibility for knowing the location and condition of such equipment and accessories.(b) A hospital must adopt and ensure implementation of a policy to identify, assess, and develop strategies to control risk of injury to patients and nurses and other health care workers associated with the lifting, transferring, repositioning, or movement of a patient. The policy shall establish a process that, at a minimum, includes all of the following:(1) Analysis of the risk of injury to patients and     nurses and other health care workers posted by the patient handling needs of the patient populations served by the hospital and the physical environment in which the patient handling and movement occurs.(2) Education and training of nurses and other direct     patient care providers in the identification, assessment, and control of risks of injury to patients and nurses and other health care workers during patient handling and on safe lifting policies and techniques and current lifting equipment.(3) Evaluation of alternative ways to reduce risks     associated with patient handling, including evaluation of equipment and the environment.(4) Restriction, to the extent feasible with existing     equipment and aids, of manual patient handling or movement of all or most of a patient's weight except for emergency, life-threatening, or otherwise exceptional circumstances.(5) Collaboration with and an annual report to the     nurse staffing committee.(6) Procedures for a nurse to refuse to perform or be     involved in patient handling or movement that the nurse in good faith believes will expose a patient or nurse or other health care worker to an unacceptable risk of injury.(7) Submission of an annual report to the hospital's     governing body or quality assurance committee on activities related to the identification, assessment, and development of strategies to control risk of injury to patients and nurses and other health care workers associated with the lifting, transferring, repositioning, or movement of a patient.(8) In developing architectural plans for     construction or remodeling of a hospital or unit of a hospital in which patient handling and movement occurs, consideration of the feasibility of incorporating patient handling equipment or the physical space and construction design needed to incorporate that equipment.(9) Fostering and maintaining patient safety,     dignity, self-determination, and choice, including the following policies, strategies, and procedures:(A) the existence and availability of a trained         safe lifting team;(B) a policy of advising patients of a range of         transfer and lift options, including adjustable diagnostic and treatment equipment, mechanical lifts, and provision of a trained safe lifting team;(C) the right of a competent patient, or guardian         of a patient adjudicated incompetent, to choose among the range of transfer and lift options, subject to the provisions of subparagraph (E) of this paragraph (9);(D) procedures for documenting, upon admission         and as status changes, a mobility assessment and plan for lifting, transferring, repositioning, or movement of a patient, including the choice of the patient or patient's guardian among the range of transfer and lift options; and(E) incorporation of such safe lifting         procedures, techniques, and equipment as are consistent with applicable federal law. (Source: P.A. 100-513, eff. 1-1-18.) (210 ILCS 85/6.26)Sec. 6.26. Immunization against influenza virus and pneumococcal disease.(a) Every hospital shall adopt an influenza and pneumococcal
immunization policy that includes, but need not be limited to, the
following:(1) Procedures for identifying patients age 65 or     older and, at the discretion of the facility, other patients at risk.(2) Procedures for offering immunization against     influenza virus when available between September 1 and April 1, and against pneumococcal disease upon admission or discharge, to patients in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention that are most recent to the time of vaccination, unless contraindicated.(3) Procedures for ensuring that patients offered     immunization, or their guardians, receive information regarding the risks and benefits of vaccination.The hospital shall provide a copy of its influenza and pneumococcal immunization policy to the Department upon request.(b) A home rule unit may not regulate immunization against influenza virus and pneumococcal disease in a manner inconsistent with the regulation of such immunizations under this Section. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 98-271, eff. 1-1-14.) (210 ILCS 85/6.27)Sec. 6.27. Intended parent; delivery room.(a) As used in this Section, "gestational surrogate", "gestational surrogacy contract", and "intended parent" have the meanings given to those terms in Section 10 of the Gestational Surrogacy Act.(b) If a hospital has a gestational surrogacy contract on file for a gestational surrogate or has otherwise received the gestational surrogacy contract from a gestational surrogate, the hospital may not deny an intended parent entry into the delivery room where the gestational surrogate is being induced or in labor, except as provided under subsection (c).(c) A hospital is not required to allow entry into the delivery room to an intended parent if: (1) medical personnel determine that the gestational surrogate's life or health could be jeopardized if an intended parent is present; (2) the gestational surrogacy contract prohibits an intended parent from being present; or (3) medical personnel determine there is other good cause to prohibit an intended parent from being present, including, but not limited to, if the intended parent is causing a disturbance or other security concerns.
(Source: P.A. 101-286, eff. 8-9-19.) (210 ILCS 85/6.28)Sec. 6.28. (Repealed). 
(Source: P.A. 102-813, eff. 5-13-22. Repealed internally, eff. 12-31-22.) (210 ILCS 85/6.29)Sec. 6.29. Testing for Legionella bacteria. A hospital shall develop a policy for testing its water supply for Legionella bacteria. The policy shall include the frequency with which testing is conducted. The policy and the results of any tests shall be made available to the Department upon request.
(Source: P.A. 102-4, eff. 4-27-21.) (210 ILCS 85/6.30)Sec. 6.30. Facility-provided medication upon discharge.(a) The General Assembly finds that this Section is necessary for the immediate preservation of the public peace, health, and safety.(b) In this Section, "facility-provided medication" has the same meaning as provided under Section 15.10 of the Pharmacy Practice Act.(c) When a facility-provided medication is ordered at least 24 hours in advance for surgical procedures and is administered to a patient at a hospital licensed under this Act, any unused portion of the facility-provided medication must be offered to the patient upon discharge when it is required for continuing treatment.(d) A facility-provided medication shall be labeled consistent with labeling requirements under Section 22 of the Pharmacy Practice Act.(e) If the facility-provided medication is used in an operating room or emergency department setting, the prescriber is responsible for counseling the patient on its proper use and administration and the requirement of pharmacist counseling is waived. 
(Source: P.A. 102-155, eff. 7-23-21; 102-813, eff. 5-13-22.) (210 ILCS 85/6.31)Sec. 6.31. Patient contact policy during pandemics or other public health emergencies. During a pandemic or other public health emergency, a hospital licensed under this Act shall develop and implement a contact policy to encourage patients' ability to engage with family members throughout the duration of the  pandemic or other public health emergency, including through the use of phone calls, videos calls, or other electronic mechanisms.
(Source: P.A. 102-398, eff. 8-16-21; 102-813, eff. 5-13-22.) (210 ILCS 85/6.32)Sec. 6.32. Surgical smoke plume evacuation.(a) In this Section:"Surgical smoke plume" means the by-product of the use of energy-based devices on tissue during surgery and containing hazardous materials, including, but not limited to, bioaerosols, smoke, gases, tissue and cellular fragments and particulates, and viruses."Surgical smoke plume evacuation system" means a dedicated device  that is designed to capture, transport, and filter surgical smoke plume at the site of origin and before it can diffuse and pose a risk to the occupants of the operating or treatment room.(b) To protect patients and health care workers from the hazards of surgical smoke plume, a hospital licensed under this Act shall adopt policies to ensure the elimination of surgical smoke plume by use of a surgical smoke plume evacuation system for each procedure that generates surgical smoke plume from the use of energy-based devices, including, but not limited to, electrosurgery and lasers.(c) A hospital licensed under this Act shall report to the Department within 90 days after January 1, 2022 (the effective date of Public Act 102-533) that policies under subsection (b) of this Section have been adopted. 
(Source: P.A. 102-533, eff. 1-1-22; 102-750, eff. 5-6-22; 102-813, eff. 5-13-22.) (210 ILCS 85/6.33)Sec. 6.33. Hospital employee assistance programs. A hospital licensed under this Act shall ensure that employees of the hospital are made aware of employee assistance programs or other like programs available for the physical and mental well-being of the employees. Hospitals shall provide information on these programs, no less than at the time of employment and during any benefit open enrollment period. A hospital may provide this information to employees electronically.
(Source: P.A. 102-1007, eff. 1-1-23.) (210 ILCS 85/7) (from Ch. 111 1/2, par. 148)Sec. 7. (a) The Director after notice and opportunity for hearing to the
applicant or licensee may deny, suspend, or revoke a permit to establish a
hospital or deny, suspend, or revoke a license to open, conduct, operate,
and maintain a hospital in any case in which he finds that there has been a
substantial failure to comply with the provisions of this Act, the Hospital
Report Card Act, or the Illinois Adverse Health Care Events Reporting Law of 2005 or the standards, rules, and regulations established by
virtue of any of those Acts. The Department may impose fines on hospitals, not to exceed $500 per occurrence, for failing to (1) initiate a criminal background check on a patient that meets the criteria for hospital-initiated background checks or (2) report the death of a person known to be a resident of a facility licensed under the ID/DD Community Care Act or the MC/DD Act to the coroner or medical examiner within 24 hours as required by Section 6.09a of this Act. In assessing whether to impose such a fine for failure to initiate a criminal background check, the Department shall consider various factors including, but not limited to, whether the hospital has engaged in a pattern or practice of failing to initiate criminal background checks. Money from fines shall be deposited into the Long Term Care Provider Fund.(a-5) If a hospital demonstrates a pattern or practice of failing to substantially comply with the requirements of Section 10.10 or the hospital's written staffing plan, the hospital shall provide a plan of correction to the Department within 60 days. The Department may impose fines as follows: (i) if a hospital fails to implement a written staffing plan for nursing services, a fine not to exceed $500 per occurrence may be imposed; (ii) if a hospital demonstrates a pattern or practice of failing to substantially comply with a plan of correction within 60 days after the plan takes effect, a fine not to exceed $500 per occurrence may be imposed; and (iii) if a hospital demonstrates for a second or subsequent time a pattern or practice of failing to substantially comply with a plan of correction within 60 days after the plan takes effect, a fine not to exceed $1,000 per occurrence may be imposed. Reports of violations of Section 10.10 shall be subject to public disclosure under Section 6.14a. Money from fines within this subsection (a-5) shall be deposited into the Hospital Licensure Fund, and money from fines for violations of Section 10.10 shall be used for scholarships under the Nursing Education Scholarship Law.(b) Such notice shall be effected by registered mail or by personal
service setting forth the particular reasons for the proposed action and
fixing a date, not less than 15 days from the date of such mailing or
service, at which time the applicant or licensee shall be given an
opportunity for a hearing. Such hearing shall be conducted by the Director
or by an employee of the Department designated in writing by the Director
as Hearing Officer to conduct the hearing. On the basis of any such
hearing, or upon default of the applicant or licensee, the Director shall
make a determination specifying his findings and conclusions. In case of a
denial to an applicant of a permit to establish a hospital, such
determination shall specify the subsection of Section 6 under which the
permit was denied and shall contain findings of fact forming the basis of
such denial. A copy of such determination shall be sent by registered mail
or served personally upon the applicant or licensee. The decision denying,
suspending, or revoking a permit or a license shall become final 35 days
after it is so mailed or served, unless the applicant or licensee, within
such 35 day period, petitions for review pursuant to Section 13.(c) The procedure governing hearings authorized by this Section shall be
in accordance with rules promulgated by the Department and approved by the
Hospital Licensing Board. A full and complete record shall be kept of all
proceedings, including the notice of hearing, complaint, and all other
documents in the nature of pleadings, written motions filed in the
proceedings, and the report and orders of the Director and Hearing Officer.
All testimony shall be reported but need not be transcribed unless the
decision is appealed pursuant to Section 13. A copy or copies of the
transcript may be obtained by any interested party on payment of the cost
of preparing such copy or copies.(d) The Director or Hearing Officer shall upon his own motion, or on the
written request of any party to the proceeding, issue subpoenas requiring
the attendance and the giving of testimony by witnesses, and subpoenas
duces tecum requiring the production of books, papers, records, or
memoranda. All subpoenas and subpoenas duces tecum issued under the terms
of this Act may be served by any person of full age. The fees of witnesses
for attendance and travel shall be the same as the fees of witnesses before
the Circuit Court of this State, such fees to be paid when the witness is
excused from further attendance. When the witness is subpoenaed at the
instance of the Director, or Hearing Officer, such fees shall be paid in
the same manner as other expenses of the Department, and when the witness
is subpoenaed at the instance of any other party to any such proceeding the
Department may require that the cost of service of the subpoena or subpoena
duces tecum and the fee of the witness be borne by the party at whose
instance the witness is summoned. In such case, the Department in its
discretion, may require a deposit to cover the cost of such service and
witness fees. A subpoena or subpoena duces tecum issued as aforesaid shall
be served in the same manner as a subpoena issued out of a court.(e) Any Circuit Court of this State upon the application of the
Director, or upon the application of any other party to the proceeding,
may, in its discretion, compel the attendance of witnesses, the production
of books, papers, records, or memoranda and the giving of testimony before
the Director or Hearing Officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt, or
otherwise, in the same manner as production of evidence may be compelled
before the court.(f) The Director or Hearing Officer, or any party in an investigation or
hearing before the Department, may cause the depositions of witnesses
within the State to be taken in the manner prescribed by law for like
depositions in civil actions in courts of this State, and to that end
compel the attendance of witnesses and the production of books, papers,
records, or memoranda.(Source: P.A. 102-641, eff. 8-27-21.) (210 ILCS 85/7.5)Sec. 7.5. 
		Fire Safety Evaluation System. 
		Upon request by a
hospital, the Department, if applicable, must evaluate or allow for an
evaluation of
compliance with the Life Safety Code using the Fire Safety Evaluation
System.
		(Source: P.A. 92-803, eff. 8-16-02.) (210 ILCS 85/8) (from Ch. 111 1/2, par. 149)Sec. 8. Facility plan review; fees.(a) Before commencing construction of new facilities or specified types
of alteration or additions to an existing hospital involving major
construction, as defined by rule by the Department, with an estimated
cost greater than $100,000, architectural plans and
specifications therefor shall be submitted by the licensee to the
Department for review and approval.
A hospital may submit architectural drawings and specifications for other
construction projects for Department review according to subsection (b) that
shall not be subject to fees under subsection (d).
The Department must give a hospital that is planning to submit a construction
project for review the opportunity to discuss its plans and specifications with
the Department before the hospital formally submits the plans and
specifications for Department review.
Review of drawings and specifications shall be conducted by an employee of
the Department meeting the qualifications established by the Department of
Central Management Services class specifications for such an individual's
position or by a person contracting with the Department who meets those class
specifications.
Final approval of the plans and specifications for compliance
with design and construction standards shall be obtained from the
Department before the alteration, addition, or new construction is begun. Subject to this Section 8, and prior to January 1, 2012, the Department shall consider the re-licensing of an existing hospital structure according to the standards for an existing hospital, as set forth in the Department's rules.  Re-licensing under this provision shall occur only if that facility operated as a licensed hospital on July 1, 2005, has had no intervening use as other than a hospital, and exists in a county with a population of less than 20,000 that does not have another licensed hospital on the effective date of this amendatory Act of the 95th General Assembly.(b) The Department shall inform an applicant in writing within 10 working
days after receiving drawings and specifications and the required fee, if any,
from the applicant whether the applicant's submission is complete or
incomplete.  Failure to provide the applicant with this notice within 10
working days shall result in the submission being deemed complete for purposes
of initiating the 60-day review period under this Section.  If the submission
is incomplete, the Department shall inform the applicant of the deficiencies
with the submission in writing.  If the submission is complete and the required
fee, if any, has been paid,
the Department shall approve or disapprove drawings and specifications
submitted to the Department no later than 60 days following receipt by the
Department.  The drawings and specifications shall be of sufficient detail, as
provided by Department rule, to
enable the Department to
render a determination of compliance with design and construction standards
under this Act.
If the Department finds that the drawings are not of sufficient detail for it
to render a determination of compliance, the plans shall be determined to be
incomplete and shall not be considered for purposes of initiating the 60 day
review period.
If a submission of drawings and specifications is incomplete, the applicant
may submit additional information.  The 60-day review period shall not commence
until the Department determines that a submission of drawings and
specifications is complete or the submission is deemed complete.
If the Department has not approved or disapproved the
drawings and specifications within 60 days, the construction, major alteration,
or addition shall be deemed approved.  If the drawings and specifications are
disapproved, the Department shall state in writing, with specificity, the
reasons for the disapproval.  The entity submitting the drawings and
specifications may submit additional information in response to the written
comments from the Department or request a reconsideration of the disapproval.
A final decision of approval or disapproval shall be made within 45 days of the
receipt of the additional information or reconsideration request. A final decision shall be subject to review under the Administrative Review Law.(c) The Department shall provide written approval for occupancy pursuant
to subsection (g) and shall not issue a violation to a facility as a result of
a licensure or complaint survey based upon the facility's physical structure
if:(1) the Department reviewed and approved or deemed     approved the drawing and specifications for compliance with design and construction standards;(2) the construction, major alteration, or addition     was built as submitted;(3) the law or rules have not been amended since the     original approval; and(4) the conditions at the facility indicate that     there is a reasonable degree of safety provided for the patients.(c-5) The Department shall not issue a violation to a facility if the
inspected aspects of the facility were previously found to be in compliance
with applicable standards, the relevant law or rules have not been amended,
conditions at the facility
reasonably protect the safety of its patients, and alterations or new hazards
have not been
identified.(d) The Department shall charge the following fees in connection with its
reviews conducted before June 30, 2004 under this Section:(1) (Blank).(2) (Blank).(3) If the estimated dollar value of the major     construction is greater than $500,000, the fee shall be established by the Department pursuant to rules that reflect the reasonable and direct cost of the Department in conducting the architectural reviews required under this Section. The estimated dollar value of the major construction subject to review under this Section shall be annually readjusted to reflect the increase in construction costs due to inflation.The fees provided in this subsection (d) shall not apply to major
construction projects involving facility changes that are required by
Department rule amendments or to projects related to homeland security.The fees provided in this subsection (d) shall also not apply to major
construction projects if 51% or more of the estimated cost of the project is
attributed to capital equipment.  For major construction projects where 51% or
more of the estimated cost of the project is attributed to capital equipment,
the Department shall by rule establish a fee that is reasonably related to the
cost of reviewing the project.Disproportionate share hospitals and rural hospitals shall only pay
one-half of the fees
required in this subsection (d).
For the purposes of this subsection (d),
(i) "disproportionate share hospital" means a hospital described in items (1)
through (5) of subsection (b) of Section 5-5.02 of the Illinois Public Aid
Code and (ii)
"rural hospital" means a hospital that
is (A) located
outside a metropolitan statistical area or (B) located 15 miles or less from a
county that is
outside a metropolitan statistical area and is licensed to perform
medical/surgical or
obstetrical services and has a combined total bed capacity of 75 or fewer beds
in these 2
service categories as of July 14, 1993, as determined by the Department.The Department shall not commence the facility plan review process under this
Section until the applicable fee has been paid.(e) All fees received by the Department under this Section shall be
deposited into the Health Facility Plan Review Fund, a special fund created in
the State treasury.
All fees paid by hospitals under subsection (d) shall be used only to cover
the direct and reasonable costs relating to the Department's review of hospital
projects under this
Section.
Moneys shall be appropriated from that Fund to the
Department only to pay the costs of conducting reviews under this Section.
None of the moneys in the Health Facility Plan Review Fund shall be used to
reduce the amount of General Revenue Fund moneys appropriated to the Department
for facility plan reviews conducted pursuant to this Section.(f) (Blank).(g) The Department shall conduct an on-site inspection of the completed
project no later than 15 business days after notification from the
applicant that the
project has been completed and all certifications required by the Department
have been received and accepted by the Department.  The Department may extend
this deadline only if a federally mandated survey time frame takes
precedence. The Department shall
provide written approval for occupancy to the applicant within 5 working days
of the Department's final inspection, provided the applicant has demonstrated
substantial compliance as defined by Department rule.
Occupancy of new major construction is prohibited until Department approval is
received, unless the Department has not acted within the time frames provided
in this subsection (g), in which case the construction shall be deemed
approved.  Occupancy shall be authorized after any
required health inspection by the Department has been conducted.(h) The Department shall establish, by rule, a procedure to conduct interim
on-site review of large or complex construction projects.(i) The Department shall establish, by rule, an expedited process for
emergency repairs or replacement of like equipment.(j) Nothing in this Section shall be construed to apply to maintenance,
upkeep, or renovation that does not affect the structural integrity of the
building, does not add beds or services over the number for which the facility
is licensed, and provides a reasonable degree of safety for the patients.
(Source: P.A. 99-639, eff. 7-28-16.) (210 ILCS 85/8.5)Sec. 8.5. 
		Waiver or alternative compliance. 
		Upon application by a hospital, the Department may grant or
renew a waiver or alternative compliance methodology with a rule or standard, including without limitation rules and standards for
(i) design and construction, (ii) engineering and maintenance of the physical
plant, site,
equipment, and systems (heating, cooling, electrical, ventilation, plumbing,
water, sewer, and solid waste disposal), (iii) fire and safety, and
(iv) other rules or standards that may present a barrier to the development,
adoption, or implementation of an innovation designed to improve patient
care, for a period not to exceed the duration of the current
license or, in the
case of an application for license renewal, the duration of the renewal period.
The waiver
may be conditioned upon the hospital taking action prescribed by the Department
as a
measure equivalent to compliance. In determining whether to grant or renew a
waiver,
the Department shall consider the duration and basis for any current waiver
with respect
to the same rule or standard and the validity and effect upon patient health
and safety of
extending it on the same basis, the effect upon the health and safety of patients, the
quality of patient care, the hospital's history of compliance with the rules
and standards of
this Act, and the hospital's attempts to comply with the particular rule or
standard in
question. The Department may provide, by rule, for the automatic renewal of
waivers
concerning construction or physical plant requirements upon the renewal of a
license. The
Department
shall renew waivers relating to construction or physical plant standards issued
pursuant to
this Section at
the time of the indicated reviews, unless it can show why such waivers should
not be
extended for the following reasons:(1) the condition of the physical plant has     deteriorated or its use substantially changed so that the basis upon which the waiver was issued is materially different; or(2) the hospital is renovated or substantially     remodeled in such a way as to permit compliance with the applicable rules and standards without substantial increase in cost.A copy of each waiver application and each waiver granted or renewed shall be
on file with the Department and available for public inspection.The Department shall advise hospitals of any applicable federal waivers about
which it is aware and for
which the hospital may apply.In the event that the Department does not grant or renew a waiver
of a rule or standard, the Department must notify the hospital in writing
detailing the specific reasons for not granting or renewing the waiver and
must discuss possible options, if any, the hospital could take to
have the waiver approved.This Section shall apply to both new and existing construction.
		(Source: P.A. 92-803, eff. 8-16-02; 93-41, eff. 6-27-03.) (210 ILCS 85/9) (from Ch. 111 1/2, par. 150)Sec. 9. Inspections and investigations. The Department shall make or
cause
to be made such inspections and
investigations as it deems necessary, except that, subject to appropriation, the Department shall investigate every allegation of abuse of a patient received by the Department. Information received by the
Department through filed reports, inspection, or as otherwise authorized
under this Act shall not be disclosed publicly in such manner as to
identify individuals or hospitals, except (i) in a proceeding involving the
denial, suspension, or revocation of a permit to establish a hospital or a
proceeding involving the denial, suspension, or revocation of a license to
open, conduct, operate, and maintain a hospital, (ii) to the Department of
Children and Family Services in the course of a child abuse or neglect
investigation conducted by that Department or by the Department of Public
Health, (iii) in accordance with Section 6.14a of this Act, or (iv)
in other circumstances as may be approved by the Hospital Licensing Board.
(Source: P.A. 96-692, eff. 1-1-10.) (210 ILCS 85/9.1) (from Ch. 111 1/2, par. 150.1)Sec. 9.1. 
		
		The Department shall regularly inspect each State mental health
and developmental disabilities institution under the jurisdiction of the
Department of Human Services to ascertain if the institution is complying with
the
regulations applicable to it.  Such inspection shall be made at least annually,
and special inspections may be made at the discretion of the Director.  The
results of every inspection shall be reported in writing to the Governor, the
Director of the Department, the General Assembly, and any permanent
mental health committee, board or commission that may be established
by the Governor or General Assembly.
		(Source: P.A. 89-507, eff. 7-1-97.) (210 ILCS 85/9.2)Sec. 9.2. 
		Disclosure. 
		Prior to conducting a survey of a hospital
operating under an approved waiver, equivalency, or other approval, a
surveyor must be made aware of the waiver, equivalency, or other
approval prior to entering the hospital. Prior to commencing an
inspection, the Department must provide the hospital with
documentation that the survey is being conducted, with consideration of
the relevant waiver, equivalency, or approval. After conducting the
survey, the Department must conduct a comprehensive exit interview
with designated hospital representatives
at which the hospital may present additional information
regarding findings.
		(Source: P.A. 92-803, eff. 8-16-02.) (210 ILCS 85/9.3)Sec. 9.3. 
		Informal dispute resolution. 
		The Department must offer an
opportunity for informal dispute resolution concerning
Department rules
and standards before the advisory committee under subsection (b) of Section
2310-560 of the Department of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois.  Participants in this process must include
representatives from the Department, representatives of the hospital, and
additional representatives deemed appropriate by both parties with expertise
regarding the contested deficiencies and the management of health care
facilities.  If the Department does not resolve disputed deficiencies after
the informal dispute resolution process, the Department must provide a written
explanation to the hospital of why the deficiencies have not been removed from
the statement of deficiencies.
		(Source: P.A. 92-803, eff. 8-16-02; 93-41, eff. 6-27-03.) (210 ILCS 85/9.4)Sec. 9.4. 
		Findings, conclusions, and citations. 
		The Department must
consider any factual information offered by the hospital during the survey,
inspection, or investigation, at daily status briefings, and in the exit
briefing required under Section 9.2 before making final findings and
conclusions or issuing citations. The Department must document receipt of such
information. The Department must provide the
hospital with written notice of its findings and conclusions within 10 days of
the exit briefing required under Section 9.2. This notice must provide the
following information: (i) identification of all deficiencies and areas of
noncompliance with applicable law; (ii) identification of the applicable
statutes, rules, codes, or standards that were violated; and (iii) the factual
basis for each deficiency or violation.
		(Source: P.A. 93-41, eff. 6-27-03.) (210 ILCS 85/9.5)Sec. 9.5. 
		Reviewer quality improvement. 
		The Department must implement a
reviewer performance improvement program for hospital survey, inspection, and
investigation staff.  The Department must also,
on a quarterly basis, assess whether
its surveyors, inspectors, and investigators: (i) apply the same protocols and
criteria consistently to substantially similar situations; (ii) reach similar
findings and conclusions when reviewing substantially similar situations; (iii)
conduct surveys, inspections, or investigations in a professional manner; and
(iv) comply with the provisions of this Act.  The Department must also
implement continuing education programs for its surveyors, inspectors, and
investigators pursuant to the findings of the performance improvement
program.
		(Source: P.A. 93-41, eff. 6-27-03.) (210 ILCS 85/9.6)Sec. 9.6. Patient protection from abuse.(a) No administrator, agent, or employee of a hospital or a member of its medical staff may abuse a patient in the hospital.(b) Any hospital administrator, agent, employee, or medical staff member who has reasonable cause to believe that any patient with whom he or she has direct contact has been subjected to abuse in the hospital shall promptly report or cause a report to be made to a designated hospital administrator responsible for providing such reports to the Department as required by this Section.(c) Retaliation against a person who lawfully and in good faith makes a report under this Section is prohibited.(d) Upon receiving a report under subsection (b) of this Section, the hospital shall submit the report to the Department within 24 hours of obtaining such report.  In the event that the hospital receives multiple reports involving a single alleged instance of abuse, the hospital shall submit one report to the Department.(e) Upon receiving a report under this Section, the hospital shall promptly conduct an internal review to ensure the alleged victim's safety.  Measures to protect the alleged victim shall be taken as deemed necessary by the hospital's administrator and may include, but are not limited to, removing suspected violators from further patient contact during the hospital's internal review. If the alleged victim lacks decision-making capacity under the Health Care Surrogate Act and no health care surrogate is available, the hospital may contact the Illinois Guardianship and Advocacy Commission to determine the need for a temporary guardian of that person.(f) All internal hospital reviews shall be conducted by a designated hospital employee or agent who is qualified to detect abuse and is not involved in the alleged victim's treatment.  All internal review findings must be documented and filed according to hospital procedures and shall be made available to the Department upon request.(g) Any other person may make a report of patient abuse to the Department if that person has reasonable cause to believe that a patient has been abused in the hospital.(h) The report required under this Section shall include: the name of the patient; the name and address of the hospital treating the patient; the age of the patient; the nature of the patient's condition, including any evidence of previous injuries or disabilities; and any other information that the reporter believes might be helpful in establishing the cause of the reported abuse and the identity of the person believed to have caused the abuse.(i) Except for willful or wanton misconduct, any individual, person, institution, or agency participating in good faith in the making of a report under this Section, or in the investigation of such a report or in making a disclosure of information concerning reports of abuse under this Section, shall have immunity from any liability, whether civil, professional, or criminal, that otherwise might result by reason of such actions. For the purpose of any proceedings, whether civil, professional, or criminal, the good faith of any persons required to report cases of suspected abuse under this Section or who disclose information concerning reports of abuse in compliance with this Section, shall be presumed.(j) No administrator, agent, or employee of a hospital shall adopt or employ practices or procedures designed to discourage good faith reporting of patient abuse under this Section.(k) Every hospital shall ensure that all new and existing employees are trained  in the detection and reporting of abuse of patients and retrained at least  every 2 years thereafter.(l) The Department shall investigate each report of patient abuse made under this Section according to the procedures of the Department, except that a report of abuse which indicates that a patient's life or safety is in imminent danger shall be investigated within 24 hours of such report.  Under no circumstances may a hospital's internal review of an allegation of abuse replace an investigation of the allegation by the Department.(m) The Department shall keep a continuing record of all reports made pursuant to this Section, including indications of the final determination of any investigation and the final disposition of all reports. The Department shall inform the investigated hospital and any other person making a report under subsection (g) of its final determination or disposition in writing.(n) The Department shall not disclose to the public any information regarding any reports and investigations under this Section unless and until the report of abuse is substantiated following a full and proper investigation.(o) All patient identifiable information in any report or investigation under this Section shall be confidential and shall not be disclosed except as authorized by this Act or other applicable law.(p) Nothing in this Section relieves a hospital administrator, employee, agent, or medical staff member from contacting appropriate law enforcement authorities as required by law.(q) Nothing in this Section shall be construed to mean that a patient is a victim of abuse because of health care services provided or not provided by health care professionals.(r) Nothing in this Section shall require a hospital, including its employees, agents, and medical staff members, to provide any services to a patient in contravention of his or her stated or implied objection thereto upon grounds that such services conflict with his or her religious beliefs or practices, nor shall such a patient be considered abused under this Section for the exercise of such beliefs or practices.(s) The Department's implementation of this Section is subject to appropriations to the Department for that purpose.(t) As used in this Section, the following terms have the following meanings:"Abuse" means any physical or mental injury or sexual abuse intentionally inflicted by a hospital employee, agent, or medical staff member on a patient of the hospital and does not include any hospital, medical, health care, or other personal care services done in good faith in the interest of the patient according to established medical and clinical standards of care."Mental injury" means intentionally caused  emotional distress in a patient from words or gestures that would be considered by a reasonable person to be  humiliating, harassing, or threatening and which causes observable and substantial impairment."Sexual abuse" means any intentional act of sexual contact or sexual penetration of a patient in the hospital."Substantiated", with respect to a report of abuse,  means that a preponderance of the evidence indicates that abuse occurred.
(Source: P.A. 96-692, eff. 1-1-10.) (210 ILCS 85/9.7)Sec. 9.7. List of individuals that may not be admitted for treatment prohibited. No hospital may maintain a list of individuals that may not be admitted for treatment at the hospital. Nothing in this Section shall be construed to prohibit a hospital or a member of the hospital's medical staff from recommending an alternate provider, coordinating an appropriate transfer, or arranging access to care services that best meets the needs of an individual patient.
(Source: P.A. 100-306, eff. 1-1-18.) (210 ILCS 85/9.8)Sec. 9.8. Compliance with the Health Care Violence Prevention Act. A hospital licensed under this Act shall comply with the Health Care Violence Prevention Act.
(Source: P.A. 100-1051, eff. 1-1-19.) (210 ILCS 85/10) (from Ch. 111 1/2, par. 151)Sec. 10. Board creation; Department rules.(a) The Governor shall appoint a Hospital Licensing Board composed
of 14 persons, which shall advise and consult with the Director
in the administration of this Act.  The Secretary of Human Services (or his
or her designee) shall serve on the Board, along with one additional
representative of the Department of Human Services to be designated by the
Secretary.  Four appointive members shall represent
the general public and 2 of these shall be members of hospital governing
boards; one appointive member shall be a registered professional nurse or
advanced practice registered nurse as
defined in the Nurse Practice Act, who is employed in a
hospital; 3 appointive
members shall be hospital administrators actively engaged in the supervision
or administration of hospitals; 2 appointive members shall be practicing
physicians, licensed in Illinois to practice medicine in all of its
branches; and one appointive member shall be a physician licensed to practice
podiatric medicine under the Podiatric Medical Practice Act of 1987;
and one appointive member shall be a
dentist licensed to practice dentistry under
the Illinois Dental Practice Act. In making Board appointments, the Governor shall give
consideration to recommendations made through the Director by professional
organizations concerned with hospital administration for the hospital
administrative and governing board appointments, registered professional
nurse organizations for the registered professional nurse appointment,
professional medical organizations for the physician appointments, and
professional dental organizations for the dentist appointment.(b) Each appointive member shall hold office for a term of 3 years,
except that any member appointed to fill a vacancy occurring prior to the
expiration of the term for which his predecessor was appointed shall be
appointed for the remainder of such term and the terms of office of the
members first taking office shall expire, as designated at the time of
appointment, 2 at the end of the first year, 2 at the end of the second
year, and 3 at the end of the third year, after the date of appointment.
The initial terms of office of the 2 additional members representing the
general public provided for in this Section shall expire at the end of the
third year after the date of appointment. The term of office of each
original appointee shall commence July 1, 1953; the term of office of the
original registered professional nurse appointee shall commence July 1,
1969; the term of office of the original licensed podiatric physician appointee shall
commence July 1, 1981; the term of office of the original dentist
appointee shall commence July 1, 1987; and the term of office of each
successor shall commence on July 1 of
the year in which his predecessor's term expires. Board members, while
serving on business of the Board, shall receive actual and necessary travel
and subsistence expenses while so serving away from their places of
residence. The Board shall meet as frequently as the Director deems
necessary, but not less than once a year. Upon request of 5 or more
members, the Director shall call a meeting of the Board.(c) The Director shall prescribe rules, regulations, standards, and
statements of policy needed to implement, interpret, or make specific the
provisions and purposes of this Act. The Department shall adopt rules which
set forth standards for determining when the public interest, safety
or welfare requires emergency action in relation to termination of a research
program or experimental procedure conducted by a hospital licensed under
this Act.  No rule, regulation, or standard shall
be adopted by the Department concerning the operation of hospitals licensed
under this Act which has not had prior approval of the Hospital Licensing
Board, nor shall the Department adopt any rule, regulation or standard
relating to the establishment of a hospital without consultation with the
Hospital Licensing Board.(d) Within one year after August 7, 1984 (the effective date of Public Act 83-1248), all hospitals licensed under this Act and providing perinatal care
shall comply with standards of perinatal care promulgated by the Department.
The Director shall promulgate rules or regulations under this Act which
are consistent with the Developmental Disability Prevention Act.
(Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18.) (210 ILCS 85/10.1) (from Ch. 111 1/2, par. 151.1)Sec. 10.1. 
		
		In connection with any application for a license or a renewal
thereof, the Department may request such information about the applicant's
internship or residency training program as may be necessary to establish
that the intern, resident, or physician is in compliance with the
requirements of paragraph (1)(a) or (2)(a) of subsection (A) of Section 11,
or Section 17, of the Medical Practice Act of 1987, in these respects.
		(Source: P.A. 85-1209.) (210 ILCS 85/10.2) (from Ch. 111 1/2, par. 151.2)Sec. 10.2. 
Because the candid and conscientious evaluation of
clinical practices is essential to the provision of adequate hospital care,
it is the policy of this State to encourage peer review by health care
providers.  Therefore, no hospital and no individual who is a member, agent, or
employee of a hospital, hospital medical staff, hospital administrative
staff, or hospital governing board shall be liable for civil damages as a
result of the acts, omissions, decisions, or any other conduct, except those
involving wilful or wanton misconduct, of a medical
utilization committee, medical review committee, patient care audit
committee, medical care evaluation committee, quality review committee,
credential committee, peer review committee, or any other committee or
individual whose
purpose, directly or indirectly, is internal quality control or medical
study to reduce morbidity or mortality, or for improving patient care
within a hospital, or the improving or benefiting of patient care and
treatment, whether within a hospital or not, or for the purpose of
professional discipline including institution of a summary suspension
in accordance with Section 10.4 of this Act and the medical staff bylaws.
Nothing in this Section shall relieve any
individual or hospital from liability arising from treatment of a patient. 
For the purposes of this Section, "wilful and wanton misconduct" means a
course of action that shows actual or deliberate intention to harm or that, if
not intentional, shows an utter indifference to or conscious disregard for a
person's own safety and the safety of others.
(Source: P.A. 99-642, eff. 7-28-16.) (210 ILCS 85/10.3) (from Ch. 111 1/2, par. 151.3)Sec. 10.3. 
		
		No hospital shall allow any person to take part as a
student in a clinical training program of that hospital which is designed,
in whole or in part, to fulfill the requirements for licensure as a
physician unless that person is currently enrolled as a student in a
curriculum of a medical or osteopathic college or school which has been
approved as being reputable and in good standing by the Department of
Professional Regulation or is enrolled in a curriculum of a professional
school, college or institution teaching the treatment of human ailments
without drugs or medicines and without operative surgery which has been
approved as being reputable and in good standing by the Department of
Professional Regulation.
		(Source: P.A. 85-1209.) (210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)Sec. 10.4. Medical staff privileges.(a) Any hospital licensed under this Act or any hospital organized under the
University of Illinois Hospital Act shall, prior to the granting of any medical
staff privileges to an applicant, or renewing a current medical staff member's
privileges, request of the Director of Professional Regulation information
concerning the licensure status, proper credentials, required certificates,  and any disciplinary action taken against the
applicant's or medical staff member's license, except: (1) for medical personnel who
enter a hospital to obtain organs and tissues for transplant from a donor in accordance with the Illinois Anatomical Gift Act; or (2) for medical personnel who have been granted disaster privileges pursuant to the procedures and requirements established by rules adopted by the Department. Any hospital and any employees of the hospital or others involved in granting privileges who, in good faith, grant disaster privileges pursuant to this Section to respond to an emergency shall not, as a result of their acts or omissions,  be liable for civil damages for granting or denying disaster privileges except in the event of willful and wanton  misconduct, as that term is defined in Section 10.2 of this Act.  Individuals granted privileges who provide care in an emergency situation, in good faith and without direct compensation, shall not, as a result of their acts or omissions, except for acts or omissions involving willful and wanton misconduct, as that term is defined in Section 10.2 of this Act, on the part of the person, be liable for civil damages. The Director of
Professional Regulation shall transmit, in writing and in a timely fashion,
such information regarding the license of the applicant or the medical staff
member, including the record of imposition of any periods of
supervision or monitoring as a result of alcohol or
substance abuse, as provided by Section 23 of the Medical
Practice Act of 1987, and such information as may have been
submitted to the Department indicating that the application
or medical staff member has been denied, or has surrendered,
medical staff privileges at a hospital licensed under this
Act, or any equivalent facility in another state or
territory of the United States.  The Director of Professional Regulation
shall define by rule the period for timely response to such requests.No transmittal of information by the Director of Professional Regulation,
under this Section shall be to other than the president, chief
operating officer, chief administrative officer, or chief of
the medical staff of a hospital licensed under this Act, a
hospital organized under the University of Illinois Hospital Act, or a hospital
operated by the United States, or any of its instrumentalities.  The
information so transmitted shall be afforded the same status
as is information concerning medical studies by Part 21 of Article VIII of the
Code of Civil Procedure, as now or hereafter amended.(b) All hospitals licensed under this Act, except county hospitals as
defined in subsection (c) of Section 15-1 of the Illinois Public Aid Code,
shall comply with, and the medical staff bylaws of these hospitals shall
include rules consistent with, the provisions of this Section in granting,
limiting, renewing, or denying medical staff membership and
clinical staff privileges.  Hospitals that require medical staff members to
possess
faculty status with a specific institution of higher education are not required
to comply with subsection (1) below when the physician does not possess faculty
status.(1) Minimum procedures for pre-applicants and     applicants for medical staff membership shall include the following:(A) Written procedures relating to the acceptance         and processing of pre-applicants or applicants for medical staff membership, which should be contained in medical staff bylaws.(B) Written procedures to be followed in         determining a pre-applicant's or an applicant's qualifications for being granted medical staff membership and privileges.(C) Written criteria to be followed in evaluating         a pre-applicant's or an applicant's qualifications.(D) An evaluation of a pre-applicant's or an         applicant's current health status and current license status in Illinois.(E) A written response to each pre-applicant or         applicant that explains the reason or reasons for any adverse decision (including all reasons based in whole or in part on the applicant's medical qualifications or any other basis, including economic factors).(2) Minimum procedures with respect to medical staff     and clinical privilege determinations concerning current members of the medical staff shall include the following:(A) A written notice of an adverse decision.(B) An explanation of the reasons for an adverse         decision including all reasons based on the quality of medical care or any other basis, including economic factors.(C) A statement of the medical staff member's         right to request a fair hearing on the adverse decision before a hearing panel whose membership is mutually agreed upon by the medical staff and the hospital governing board. The hearing panel shall have independent authority to recommend action to the hospital governing board. Upon the request of the medical staff member or the hospital governing board, the hearing panel shall make findings concerning the nature of each basis for any adverse decision recommended to and accepted by the hospital governing board.(i) Nothing in this subparagraph (C) limits a             hospital's or medical staff's right to summarily suspend, without a prior hearing, a person's medical staff membership or clinical privileges if the continuation of practice of a medical staff member constitutes an immediate danger to the public, including patients, visitors, and hospital employees and staff. In the event that a hospital or the medical staff imposes a summary suspension, the Medical Executive Committee, or other comparable governance committee of the medical staff as specified in the bylaws, must meet as soon as is reasonably possible to review the suspension and to recommend whether it should be affirmed, lifted, expunged, or modified if the suspended physician requests such review.  A summary suspension may not be implemented unless there is actual documentation or other reliable information that an immediate danger exists.  This documentation or information must be available at the time the summary suspension decision is made and when the decision is reviewed by the Medical Executive Committee.  If the Medical Executive Committee recommends that the summary suspension should be lifted, expunged, or modified, this recommendation must be reviewed and considered by the hospital governing board, or a committee of the board, on an expedited basis.  Nothing in this subparagraph (C) shall affect the requirement that any requested hearing must be commenced within 15 days after the summary suspension and completed without delay unless otherwise agreed to by the parties. A fair hearing shall be commenced within 15 days after the suspension and completed without delay, except that when the medical staff member's license to practice has been suspended or revoked by the State's licensing authority, no hearing shall be necessary.(ii) Nothing in this subparagraph (C) limits             a medical staff's right to permit, in the medical staff bylaws, summary suspension of membership or clinical privileges in designated administrative circumstances as specifically approved by the medical staff. This bylaw provision must specifically describe both the administrative circumstance that can result in a summary suspension and the length of the summary suspension. The opportunity for a fair hearing is required for any administrative summary suspension. Any requested hearing must be commenced within 15 days after the summary suspension and completed without delay. Adverse decisions other than suspension or other restrictions on the treatment or admission of patients may be imposed summarily and without a hearing under designated administrative circumstances as specifically provided for in the medical staff bylaws as approved by the medical staff.(iii) If a hospital exercises its option to             enter into an exclusive contract and that contract results in the total or partial termination or reduction of medical staff membership or clinical privileges of a current medical staff member, the hospital shall provide the affected medical staff member 60 days prior notice of the effect on his or her medical staff membership or privileges. An affected medical staff member desiring a hearing under subparagraph (C) of this paragraph (2) must request the hearing within 14 days after the date he or she is so notified. The requested hearing shall be commenced and completed (with a report and recommendation to the affected medical staff member, hospital governing board, and medical staff) within 30 days after the date of the medical staff member's request. If agreed upon by both the medical staff and the hospital governing board, the medical staff bylaws may provide for longer time periods.(C-5)  All peer review used for the purpose of         credentialing, privileging, disciplinary action, or other recommendations affecting medical staff membership or exercise of clinical privileges, whether relying in whole or in part on internal or external reviews, shall be conducted in accordance with the medical staff bylaws and applicable rules, regulations, or policies of the medical staff.  If external review is obtained, any adverse report utilized shall be in writing and shall be made part of the internal peer review process under the bylaws.  The report shall also be shared with a medical staff peer review committee and the individual under review.  If the medical staff peer review committee or the individual under review prepares a written response to the report of the external peer review within 30 days after receiving such report, the governing board shall consider the response prior to the implementation of any final actions by the governing board which may affect the individual's medical staff membership or clinical privileges.  Any peer review that involves willful or wanton misconduct shall be subject to civil damages as provided for under Section 10.2 of this Act.(D) A statement of the member's right to inspect         all pertinent information in the hospital's possession with respect to the decision.(E) A statement of the member's right to present         witnesses and other evidence at the hearing on the decision.(E-5) The right to be represented by a personal         attorney.(F) A written notice and written explanation of         the decision resulting from the hearing.(F-5) A written notice of a final adverse         decision by a hospital governing board.(G) Notice given 15 days before implementation of         an adverse medical staff membership or clinical privileges decision based substantially on economic factors. This notice shall be given after the medical staff member exhausts all applicable procedures under this Section, including item (iii) of subparagraph (C) of this paragraph (2), and under the medical staff bylaws in order to allow sufficient time for the orderly provision of patient care.(H) Nothing in this paragraph (2) of this         subsection (b) limits a medical staff member's right to waive, in writing, the rights provided in subparagraphs (A) through (G) of this paragraph (2) of this subsection (b) upon being granted the written exclusive right to provide particular services at a hospital, either individually or as a member of a group. If an exclusive contract is signed by a representative of a group of physicians, a waiver contained in the contract shall apply to all members of the group unless stated otherwise in the contract.(3) Every adverse medical staff membership and     clinical privilege decision based substantially on economic factors shall be reported to the Hospital Licensing Board before the decision takes effect.  These reports shall not be disclosed in any form that reveals the identity of any hospital or physician. These reports shall be utilized to study the effects that hospital medical staff membership and clinical privilege decisions based upon economic factors have on access to care and the availability of physician services.  The Hospital Licensing Board shall submit an initial study to the Governor and the General Assembly by January 1, 1996, and subsequent reports shall be submitted periodically thereafter.(4) As used in this Section:"Adverse decision" means a decision reducing,     restricting, suspending, revoking, denying, or not renewing medical staff membership or clinical privileges."Economic factor" means any information or reasons     for decisions unrelated to quality of care or professional competency."Pre-applicant" means a physician licensed to     practice medicine in all its branches who requests an application for medical staff membership or privileges."Privilege" means permission to provide medical or     other patient care services and permission to use hospital resources, including equipment, facilities and personnel that are necessary to effectively provide medical or other patient care services. This definition shall not be construed to require a hospital to acquire additional equipment, facilities, or personnel to accommodate the granting of privileges.(5) Any amendment to medical staff bylaws required     because of this amendatory Act of the 91st General Assembly shall be adopted on or before July 1, 2001.(c) All hospitals shall consult with the medical staff prior to closing
membership in the entire or any portion of the medical staff or a department.
If
the hospital closes membership in the medical staff, any portion of the medical
staff, or the department over the objections of the medical staff, then the
hospital
shall provide a detailed written explanation for the decision to the medical
staff
10 days prior to the effective date of any closure.  No applications need to be
provided when membership in the medical staff or any relevant portion of the
medical staff is closed.
(Source: P.A. 102-4, eff. 4-27-21.) (210 ILCS 85/10.6)Sec. 10.6. 
		Hospital merger; medical staff bylaws. 
		When one or more
hospitals combine or merge in any
manner that does not require any of the parties to the transaction to obtain a
new license under this Act, the medical staff bylaws of each individual
hospital shall remain in
effect until such time as the bylaws are amended according to the terms of the
bylaws.
 This Section shall not apply to a county hospital as
defined in
subsection (c) of Section 15-1 of the Illinois Public Aid Code.
		(Source: P.A. 92-731, eff. 7-25-02.) (210 ILCS 85/10.7)Sec. 10.7. Clinical privileges; advanced practice registered nurses. 
All hospitals licensed under this Act shall comply with the following
requirements:(1) No hospital policy, rule, regulation, or practice     shall be inconsistent with the provision of adequate collaboration and consultation in accordance with Section 54.5 of the Medical Practice Act of 1987.(2) Operative surgical procedures shall be performed     only by a physician licensed to practice medicine in all its branches under the Medical Practice Act of 1987, a dentist licensed under the Illinois Dental Practice Act, or a podiatric physician  licensed under the Podiatric Medical Practice Act of 1987, with medical staff membership and surgical clinical privileges granted at the hospital.  A licensed physician, dentist, or podiatric physician may be assisted by a physician licensed to practice medicine in all its branches, dentist, dental assistant, podiatric physician, licensed advanced practice registered nurse, licensed physician assistant, licensed registered nurse, licensed practical nurse, surgical assistant, surgical technician, or other individuals granted clinical privileges to assist in surgery at the hospital. Payment for services rendered by an assistant in surgery who is not a hospital employee shall be paid at the appropriate non-physician modifier rate if the payor would have made payment had the same services been provided by a physician.(2.5) A registered nurse licensed under the Nurse     Practice Act and qualified by training and experience in operating room nursing shall be present in the operating room and function as the circulating nurse during all invasive or operative procedures. For purposes of this paragraph (2.5), "circulating nurse" means a registered nurse who is responsible for coordinating all nursing care, patient safety needs, and the needs of the surgical team in the operating room during an invasive or operative procedure.(3)  An advanced practice registered nurse is not     required to possess prescriptive authority or a written collaborative agreement meeting the requirements of the Nurse Practice Act to provide advanced practice registered nursing services in a hospital.    An advanced practice registered nurse must possess clinical privileges recommended by the  medical staff and granted by the hospital in order to provide services.  Individual advanced practice registered nurses may also be granted clinical privileges to order, select, and administer medications, including controlled substances, to provide delineated care.  The attending physician must determine the advanced practice registered nurse's role in providing care for his or her patients, except as otherwise provided in medical staff bylaws.  The medical staff shall periodically review the services of advanced practice registered nurses granted privileges. This review shall be conducted in accordance with item (2) of subsection (a) of Section 10.8 of this Act for  advanced practice registered nurses employed by the hospital.(4) The anesthesia service shall be under the     direction of a physician licensed to practice medicine in all its branches who has had specialized preparation or experience in the area or who has completed a residency in anesthesiology. An anesthesiologist, Board certified or Board eligible, is recommended. Anesthesia services may only be administered pursuant to the order of a physician licensed to practice medicine in all its branches, licensed dentist, or licensed podiatric physician.(A) The individuals who, with clinical privileges         granted at the hospital, may administer anesthesia services are limited to the following:(i) an anesthesiologist; or(ii) a physician licensed to practice             medicine in all its branches; or(iii) a dentist with authority to administer             anesthesia under Section 8.1 of the Illinois Dental Practice Act; or(iv) a licensed certified registered nurse             anesthetist; or(v) a podiatric physician licensed under the             Podiatric Medical Practice Act of 1987.(B) For anesthesia services, an anesthesiologist         shall participate through discussion of and agreement with the anesthesia plan and shall remain physically present and be available on the premises during the delivery of anesthesia services for diagnosis, consultation, and treatment of emergency medical conditions. In the absence of 24-hour availability of anesthesiologists with medical staff privileges, an alternate policy (requiring participation, presence, and availability of a physician licensed to practice medicine in all its branches) shall be developed by the medical staff and licensed hospital in consultation with the anesthesia service.(C) A certified registered nurse anesthetist is         not required to possess prescriptive authority or a written collaborative agreement meeting the requirements of Section 65-35 of the Nurse Practice Act  to provide anesthesia services ordered by a licensed physician, dentist, or podiatric physician.  Licensed certified registered nurse anesthetists are authorized to select, order, and administer drugs and apply the appropriate medical devices in the provision of anesthesia services under the anesthesia plan agreed with by the anesthesiologist or, in the absence of an available anesthesiologist with clinical privileges, agreed with by the operating physician, operating dentist, or operating podiatric physician in accordance with the hospital's alternative policy.(Source: P.A. 99-642, eff. 7-28-16; 100-513, eff. 1-1-18.) (210 ILCS 85/10.8)Sec. 10.8. Requirements for employment of physicians.(a) Physician employment by hospitals and hospital affiliates. Employing
entities may
employ physicians to practice medicine in all of its branches provided that the
following
requirements are met:(1) The employed physician is a member of the medical     staff of either the hospital or hospital affiliate.  If a hospital affiliate decides to have a medical staff, its medical staff shall be organized in accordance with written bylaws where the affiliate medical staff is responsible for making recommendations to the governing body of the affiliate regarding all quality assurance activities and safeguarding professional autonomy.  The affiliate medical staff bylaws  may not be unilaterally changed by the governing body of the affiliate.  Nothing in this Section requires hospital affiliates to have a medical staff.(2) Independent physicians, who are not employed by     an employing entity, periodically review the quality of the medical services provided by the employed physician to continuously improve patient care.(3) The employing entity and the employed physician     sign a statement acknowledging that the employer shall not unreasonably exercise control, direct, or interfere with the employed physician's exercise and execution of his or her professional judgment in a manner that adversely affects the employed physician's ability to provide quality care to patients.  This signed statement shall take the form of a provision in the physician's employment contract or a separate signed document from the employing entity to the employed physician. This statement shall state: "As the employer of a physician, (employer's name) shall  not unreasonably exercise control, direct, or interfere with the employed physician's exercise and execution of his or her professional judgment in a manner that adversely affects the employed physician's ability to provide quality care to patients."(4) The employing entity shall establish a mutually     agreed upon independent review process with criteria under which an employed physician may  seek review of the alleged violation of this Section by physicians who are not employed by the employing entity.  The affiliate may arrange with the hospital medical staff to conduct these reviews. The independent physicians shall make findings and recommendations to the employing entity and the employed physician within 30 days of the conclusion of the gathering of the relevant information.(b) Definitions.  For the purpose of this Section:"Employing entity" means a hospital licensed under the Hospital Licensing Act
or a hospital
 affiliate."Employed physician" means a physician who receives an IRS W-2 form, or any
successor
federal income tax form, from an employing entity."Hospital" means a hospital licensed under the Hospital Licensing Act, except
county hospitals as defined in subsection (c) of Section 15-1 of the Illinois Public Aid
Code."Hospital affiliate" means a corporation, partnership, joint venture, limited
liability company,
or similar organization, other than a hospital, that is devoted primarily to
the provision, management,
or support of health care services and that directly or indirectly controls, is
controlled by, or is under
common control of the hospital. "Control" means having at least an equal or a
majority ownership
or membership interest.  A hospital affiliate shall be 100% owned or controlled
by any combination
of hospitals, their parent corporations, or physicians licensed to practice
medicine in all its branches
in Illinois.
"Hospital affiliate" does not include a health maintenance
organization regulated under the Health Maintenance
Organization Act."Physician" means an individual licensed to practice medicine in all its
branches in Illinois."Professional  judgment" means  the exercise of  a physician's independent
clinical  judgment
in  providing medically appropriate diagnoses, care,  and  treatment  to a
particular patient at a
particular time.  Situations in which an employing entity does not interfere
with an employed
physician's professional judgment include, without limitation, the following:(1) practice restrictions based upon peer review of     the  physician's clinical practice to assess quality of care and utilization of  resources in accordance with applicable bylaws;(2) supervision   of  physicians  by  appropriately     licensed  medical directors,  medical  school   faculty, department  chairpersons  or  directors, or supervising physicians;(3) written  statements  of  ethical  or  religious     directives; and(4) reasonable  referral  restrictions that do not,     in the reasonable professional judgment of the physician, adversely affect the health or welfare of the patient.(c) Private enforcement. An employed physician aggrieved by a violation of
this Act may
seek to obtain an injunction or reinstatement of employment with the employing
entity as the court
may deem appropriate.  Nothing in this Section limits or abrogates any common
law cause of action.
Nothing in this Section shall be deemed to alter the law of negligence.(d) Department enforcement.  The Department may enforce the provisions of
this Section,
but nothing in this Section shall require or permit the Department to license,
certify, or otherwise
investigate the activities of a
hospital affiliate not otherwise required to be licensed by the
Department.(e) Retaliation prohibited.  No employing entity shall retaliate against any
employed
physician for requesting a hearing or review under this Section.
No action may be taken that
affects
the ability of a physician to practice during this review, except in
circumstances
where the medical staff bylaws authorize summary suspension.(f) Physician collaboration.  No employing entity shall adopt or enforce,
either formally  or
 informally,   any   policy,  rule, regulation, or practice inconsistent with
the provision of adequate
collaboration, including medical direction of licensed  advanced  practice registered
nurses  or  supervision
of licensed physician assistants and delegation to other personnel under
Section 54.5 of the Medical
Practice Act of 1987.(g) Physician disciplinary actions.  Nothing in this Section shall be
construed to limit or
prohibit the governing body of an employing entity or its medical staff, if
any, from taking
disciplinary actions against a physician as permitted by law.(h) Physician review. Nothing in this Section shall be construed to prohibit
a hospital or
hospital affiliate from making a determination not to pay for a particular
health care service or to
prohibit a medical group, independent practice association, hospital medical
staff, or hospital
governing body from enforcing reasonable peer review or utilization review
protocols or determining
whether the employed physician complied with those protocols.(i) Review.  Nothing in this Section  may be used or construed to establish
that any activity
of a hospital or hospital affiliate is subject to review under the Illinois
Health Facilities Planning Act.(j) Rules.  The Department shall adopt any
rules necessary to
implement this Section.
(Source: P.A. 100-201, eff. 8-18-17; 100-513, eff. 1-1-18.) (210 ILCS 85/10.9)Sec. 10.9. Nurse mandated overtime prohibited.(a) Definitions. As used in this Section:"Mandated overtime" means work that is required by the hospital in excess
of an agreed-to, predetermined work shift. Time spent by nurses required to be available as a condition of employment in specialized units, such as surgical nursing services, shall not be counted or considered in calculating the amount of time worked for the purpose of applying the prohibition against mandated overtime under subsection (b)."Nurse" means any advanced practice registered nurse, registered
professional nurse, or licensed practical nurse, as defined in
the Nurse Practice Act, who receives an hourly wage and has direct responsibility to oversee or carry
out nursing care. For the purposes of this Section, "advanced practice registered nurse" does not include a certified registered nurse anesthetist who is primarily engaged in performing the duties of a nurse anesthetist."Unforeseen emergent circumstance" means (i) any declared
national, State, or municipal disaster or other catastrophic event, or any implementation of a hospital's disaster plan, that will substantially affect or increase the need for health
care services or (ii) any circumstance in which patient care needs require specialized nursing skills through the completion of a procedure. An "unforeseen emergent circumstance" does not include situations in which the hospital fails to have enough nursing staff to meet the usual and reasonably predictable nursing needs of its patients.(b) Mandated overtime prohibited. No nurse may be required
to work mandated overtime except in the case of an unforeseen emergent circumstance when such overtime is required only as a
last resort. Such mandated overtime shall not exceed 4 hours beyond an agreed-to, predetermined work shift.(c) Off-duty period. When a nurse is mandated to work up to 12 consecutive hours, the nurse must be allowed at least 8 consecutive hours of off-duty time immediately following the completion of a shift.(d) Retaliation prohibited. No hospital may discipline, discharge, or take any other adverse employment action against a nurse solely because the nurse refused to work mandated overtime as prohibited under subsection (b).(e) Violations. Any employee of a hospital that is subject
to this Act may file a complaint with the Department of Public Health regarding an alleged violation of this Section. The complaint must be filed within 45 days following the occurrence of the incident giving rise to the alleged violation. The Department must forward notification of the alleged violation to the hospital in question within 3 business days after the complaint is filed. Upon receiving a complaint of a violation of this Section, the Department may take any action authorized under Section 7 or 9 of this Act.(f) Proof of violation. Any violation of this Section must
be proved by clear and convincing evidence that a nurse was required to work overtime against his or her will. The hospital may defeat the claim of a violation by presenting clear and convincing evidence that an unforeseen emergent circumstance, which required overtime work, existed at the time the employee was required or compelled to work.
(Source: P.A. 100-513, eff. 1-1-18.) (210 ILCS 85/10.10)Sec. 10.10. Nurse Staffing by Patient Acuity.(a) Findings. The Legislature finds and declares all of the following:(1) The State of Illinois has a substantial interest     in promoting quality care and improving the delivery of health care services.(2) Evidence-based studies have shown that the basic     principles of staffing in the acute care setting should be based on the complexity of patients' care needs aligned with available nursing skills to promote quality patient care consistent with professional nursing standards.(3) Compliance with this Section promotes an     organizational climate that values registered nurses' input in meeting the health care needs of hospital patients.(b) Definitions. As used in this Section:"Acuity model" means an assessment tool selected and implemented by a hospital, as recommended by a nursing care committee, that assesses the complexity of patient care needs requiring professional nursing care and skills and aligns patient care needs and nursing skills consistent with professional nursing standards."Department" means the Department of Public Health."Direct patient care" means care provided by a registered professional nurse with direct responsibility to oversee or carry out medical regimens or nursing care for one or more patients."Nursing care committee" means a hospital-wide committee or committees of nurses whose functions, in part or in whole, contribute to the development, recommendation,  and review of the hospital's nurse staffing plan established pursuant to subsection (d)."Registered professional nurse" means a person licensed as a Registered Nurse under the Nurse
 Practice Act."Written staffing plan for nursing care services" means a written plan for the assignment of patient care nursing staff based on multiple nurse and patient considerations that yield minimum staffing levels for inpatient care units and the adopted acuity model aligning patient care needs with nursing skills required for quality patient care consistent with professional nursing standards.(c) Written staffing plan.(1) Every hospital shall implement a written     hospital-wide staffing plan, prepared by a nursing care committee or committees, that provides for minimum direct care professional registered nurse-to-patient staffing needs for each inpatient care unit, including inpatient emergency departments. If the staffing plan prepared by the nursing care committee is not adopted by the hospital, or if substantial changes are proposed to it, the chief nursing officer shall either: (i) provide a written explanation  to the committee of the reasons the plan was not adopted; or (ii) provide a written explanation of any substantial changes made to the proposed plan prior to it being adopted by the hospital. The written hospital-wide staffing plan shall include, but need not be limited to, the following considerations:(A) The complexity of complete care, assessment         on patient admission, volume of patient admissions, discharges and transfers, evaluation of the progress of a patient's problems, ongoing physical assessments, planning for a patient's discharge, assessment after a change in patient condition, and assessment of the need for patient referrals.(B) The complexity of clinical professional         nursing judgment needed to design and implement a patient's nursing care plan, the need for specialized equipment and technology, the skill mix of other personnel providing or supporting direct patient care, and involvement in quality improvement activities, professional preparation, and experience.(C) Patient acuity and the number of patients for         whom care is being provided.(D) The ongoing assessments of a unit's patient         acuity levels and nursing staff needed shall be routinely made by the unit nurse manager or his or her designee.(E) The identification of additional registered         nurses available for direct patient care when patients' unexpected needs exceed the planned workload for direct care staff.(2) In order to provide staffing flexibility to meet     patient needs, every hospital shall identify an acuity model for adjusting the staffing plan for each inpatient care unit.(2.5) Each hospital shall implement the staffing plan     and assign nursing personnel to each inpatient care unit, including inpatient emergency departments, in accordance with the staffing plan.(A) A registered nurse may report to the nursing         care committee any variations where the nurse personnel assignment in an inpatient care unit is not in accordance with the adopted staffing plan and may make a written report to the nursing care committee based on the variations.(B)  Shift-to-shift adjustments in staffing         levels required by the staffing plan may be made by the appropriate hospital personnel overseeing inpatient care operations. If a registered nurse in an inpatient care unit objects to a shift-to-shift adjustment, the registered nurse may submit a written report to the nursing care committee.(C)  The nursing care committee shall develop a         process to examine and respond to written reports submitted under subparagraphs (A) and (B) of this paragraph (2.5), including the ability to determine if a specific written report is resolved or should be dismissed.(3) The written staffing plan shall be posted, either     by physical or electronic means, in a conspicuous and accessible location for both patients and direct care staff, as required under the Hospital Report Card Act. A copy of the written staffing plan shall be provided to any member of the general public upon request.(d) Nursing care committee.(1) Every hospital shall have a nursing care     committee that meets at least 6 times per year. A hospital shall appoint members of a committee whereby at least 55% of the members are registered professional nurses providing direct inpatient care, one of whom shall be selected annually by the direct inpatient care nurses to serve as co-chair of the committee.(2) (Blank).(2.5) A nursing care committee shall prepare and     recommend to hospital administration the hospital's written hospital-wide staffing plan. If the staffing plan is not adopted by the hospital, the chief nursing officer shall provide a written statement to the committee prior to a staffing plan being adopted by the hospital that: (A) explains the reasons the committee's proposed staffing plan was not adopted; and (B) describes the changes to the committee's proposed staffing or any alternative to the committee's proposed staffing plan.(3) A nursing care committee's or committees' written     staffing plan for the hospital  shall be based on the principles from the staffing components set forth in subsection  (c). In particular, a committee or committees shall provide input and feedback on the following:(A) Selection, implementation, and evaluation of         minimum staffing levels for inpatient care units.(B) Selection, implementation, and evaluation of         an acuity model to provide staffing flexibility that aligns changing patient acuity with nursing skills required.(C) Selection, implementation, and evaluation of         a written staffing plan incorporating the items described in subdivisions (c)(1) and (c)(2) of this Section.(D) Review the nurse staffing plans for all         inpatient areas and current acuity tools and measures in use. The nursing care committee's review shall consider:(i) patient outcomes;(ii) complaints regarding staffing, including             complaints about a delay in direct care nursing or an absence of direct care nursing;(iii) the number of hours of nursing care             provided through an inpatient hospital unit compared with the number of inpatients served by the hospital unit during a 24-hour period;(iv) the aggregate hours of overtime worked             by the nursing staff;(v) the extent to which actual nurse staffing             for each hospital inpatient unit differs from the staffing specified by the staffing plan; and(vi) any other matter or change to the             staffing plan determined by the committee to ensure that the hospital is staffed to meet the health care needs of patients.(4) A nursing care committee must issue a written     report addressing the items described in subparagraphs (A) through (D) of paragraph (3) semi-annually. A written copy of this report shall be made available to direct inpatient care nurses by making available a paper copy of the report, distributing it electronically, or posting it on the hospital's website.(5)  A nursing care committee must issue a written     report at least annually to the hospital governing board that addresses items including, but not limited to: the items described in paragraph (3); changes made based on committee recommendations and the impact of such changes; and recommendations for future changes related to nurse staffing.(e) Nothing in this Section 10.10 shall be construed to limit, alter, or modify any of the terms, conditions, or provisions of a collective bargaining agreement entered into by the hospital.(f) No hospital may discipline, discharge, or take any other adverse employment action against an employee solely because the employee expresses a concern or complaint regarding an alleged violation of this Section or concerns related to nurse staffing.(g) Any employee of a hospital may file a complaint with the Department regarding an alleged violation of this Section.   The Department must forward notification of the alleged violation to the hospital in question within 10 business days after the complaint is filed. Upon receiving a complaint of a violation of this Section, the Department may take any action authorized under Sections 7 or 9 of this Act.(Source: P.A. 102-4, eff. 4-27-21; 102-641, eff. 8-27-21; 102-813, eff. 5-13-22.) (210 ILCS 85/10.11)Sec. 10.11. Clinical privileges; physician assistants. No hospital licensed under this Act shall adopt any policy, rule, regulation, or practice inconsistent with the provision of adequate supervision in accordance with Section 54.5 of the Medical Practice Act of 1987 and the Physician Assistant Practice Act of 1987.
(Source: P.A. 97-1071, eff. 8-24-12.) (210 ILCS 85/11) (from Ch. 111 1/2, par. 152)Sec. 11. 
		
		No hospital, nor any person connected with any hospital, shall
place children for adoption or for care in foster family homes, or shall
place children anywhere other than in the custody of their mothers, unless
the hospital shall also be licensed as a child welfare agency, pursuant to
the "Child Care Act", approved July 10, 1957, as amended, or unless the
written consent of the State Department of Children and Family Services be
first had and obtained; provided, that any hospital may release children
therefrom to a licensed child welfare agency.
		(Source: Laws 1965, p. 3668.) (210 ILCS 85/11.1) (from Ch. 111 1/2, par. 152.1)Sec. 11.1. 
		
		No hospital may refuse necessary treatment to a pregnant
woman in active labor whose life or safety would be threatened in the
absence of such treatment,
because she is unable to pay for medical services or because
she does not carry medical insurance.  After providing services to such
woman, the hospital shall obtain payment from the woman or a third party source.
		(Source: P.A. 84-929.) (210 ILCS 85/11.1a)Sec. 11.1a. Instruments for taking a pregnant woman's blood pressure. Every hospital shall ensure that it has the proper instruments available for taking a pregnant woman's blood pressure. The Department shall adopt rules for the implementation of this Section.
(Source: P.A. 101-91, eff. 1-1-20.) (210 ILCS 85/11.2) (from Ch. 111 1/2, par. 152.2)Sec. 11.2. 
		
		(a) Each hospital licensed under this Act shall allow a
recipient of blood to designate a donor of his choice for the purpose of
receiving red blood cells, under the following conditions:(1) The recipient, or someone on his behalf, has solicited the donors;(2) The designated donor consents to such donation;(3) The designated donor's blood may be obtained in sufficient time to
meet the health care needs of the recipient;(4) The designated donor is qualified to donate blood under the criteria
for donor selection promulgated by the Department of Public Health under
the Blood Labeling Act; and(5) The blood of the donor is acceptable for the patient's medical needs.(b) Blood donated for such designated use shall be reserved for the
designated recipient; however, if it has not been used within 7 days from
the day of donation, it may be used for any other medically appropriate
purpose.(c) This Section shall not limit other procedures hospitals may
establish to enable directed donations.
		(Source: P.A. 86-719.) (210 ILCS 85/11.3) (from Ch. 111 1/2, par. 152.3)Sec. 11.3. 
		
		No hospital shall
require any patient or any member of the patient's family to write or to sign
any document during those times when the religious tenets of such person
temporarily prohibit him or her from performing the acts of writing or
signing.  The patient or
the member of the patient's family shall agree to supply written
information required by the hospital and to sign any necessary documents as
soon as the religious tenets of such person no longer prohibit the acts of
writing or signing.
		(Source: P.A. 85-1209.) (210 ILCS 85/11.4)Sec. 11.4. Disposition of fetus. A hospital having custody of a fetus
following a spontaneous fetal demise occurring after a gestation period of less
than 20 completed weeks must notify the mother
of her right to arrange for
the burial or cremation of the fetus.
Notification may also include other options such as, but not limited to, a
ceremony, a certificate, or common burial or cremation of fetal tissue. If, within 24 hours
after being notified
under this Section, the mother elects in writing to arrange for the burial or
cremation of the fetus, the disposition of the fetus shall be subject to the
same laws and rules that apply in the case of a fetal death that occurs in this
State after a gestation period of 20 completed weeks or more. The
Department of Public Health shall develop forms to be used for notifications
and elections under this Section
and hospitals shall provide the forms to
the mother.
(Source: P.A. 96-338, eff. 1-1-10.) (210 ILCS 85/11.5)Sec. 11.5. Uniform standards of obstetrical care regardless of
ability to pay.(a) No hospital may promulgate policies or implement practices that determine
differing standards of obstetrical care based upon a patient's source of
payment or ability
to pay for medical services.(b) Each hospital shall develop a written policy statement reflecting the
requirements of subsection (a) and shall post, either by physical or electronic means,  written notices of this policy in
the obstetrical admitting areas of the hospital by July 1, 2004.  Notices
posted pursuant to this Section shall be posted in the predominant language or
languages spoken in the hospital's service area.


(Source: P.A. 102-4, eff. 4-27-21.) (210 ILCS 85/11.6)Sec. 11.6. Policy and procedure for patient bathroom door locks. Hospitals shall have policies and procedures for readily gaining access to a locked bathroom in a patient's room.
(Source: P.A. 96-925, eff. 1-1-11; 97-333, eff. 8-12-11.) (210 ILCS 85/11.7)Sec. 11.7. Sudden Infant Death Syndrome (SIDS) Education.(a) A hospital shall provide, free of charge, information
and instructional materials regarding sudden infant death syndrome (SIDS), explaining the medical effects upon infants and young children and emphasizing measures that may reduce the risk. The materials shall include information concerning safe sleep environments developed by the American Academy of Pediatrics or a statewide or nationally recognized SIDS or medical association.(b)  The information and materials described in subsection (a)
shall be provided to parents or legal guardians of each newborn, upon
discharge from the hospital. Prior to discharge, a nurse or appropriate staff person shall review the proffered materials with the infant's parents or legal guardian and shall discuss best practices to reduce the incidence of SIDS as recommended by the American Academy of Pediatrics.(c) Nothing in this Section prohibits a hospital from
obtaining free and suitable information from a public or
private agency. 
(Source: P.A. 99-48, eff. 7-15-15.) (210 ILCS 85/11.8)Sec. 11.8. Closed captioning required. A hospital licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a patient's room, or enable the closed captioning feature when requested to do so by a member of the general public or a patient, if the television includes a closed captioning feature.It is not a violation of this Section if the closed captioning feature is deactivated by a member of the hospital's staff after such feature is enabled in a common area or in a patient's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a patient, or a member of the hospital's staff at the request of a patient of a hospital licensed under this Act.If a hospital licensed under this Act does not have a television that includes a closed captioning feature, then the hospital must ensure that all televisions obtained for common areas and patient rooms after the effective date of this amendatory Act of the 101st General Assembly include a closed captioning feature.  This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law.As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.
(Source: P.A. 101-116, eff. 1-1-20.) (210 ILCS 85/12) (from Ch. 111 1/2, par. 153)Sec. 12. 
		
		The Department shall prepare an annual report of its activities
and operations under this Act.
		(Source: Laws 1953, p. 811.) (210 ILCS 85/13) (from Ch. 111 1/2, par. 154)Sec. 13. 
		
		Whenever the Department refuses to grant, or revokes or suspends a
permit to establish a hospital, or a license to open, conduct, operate, or
maintain a hospital, the applicant or licensee may have such decision
judicially reviewed. The provisions of the Administrative Review Law, as
heretofore or hereafter amended, and the rules
adopted pursuant thereto shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the Department
hereunder. The term "administrative decisions"
is defined as in Section 3-101 of the Code of Civil Procedure.
		(Source: P.A. 82-783.) (210 ILCS 85/14) (from Ch. 111 1/2, par. 155)Sec. 14. 
		
		
		Any person establishing a hospital without a permit issued pursuant to
this Act, or any person opening, conducting, operating or maintaining any
hospital without a license issued pursuant to this Act shall be guilty of a
petty offense, and each day of a continuing violation after conviction
shall be considered a separate offense. The State's Attorneys of the
several counties shall represent the People of the State of Illinois in
proceedings under this Act in their respective counties.
		(Source: P.A. 77-2576.) (210 ILCS 85/14.5)Sec. 14.5. Hospital Licensure Fund.(a) There is created in the State treasury the Hospital Licensure Fund. The Fund is created for the purpose of providing funding for the administration of the licensure program and patient safety and quality initiatives for hospitals, including, without limitation, the implementation of the Illinois Adverse Health Care Events Reporting Law of 2005.(b) The Fund shall consist of the following:(1) fees collected pursuant to Sections 5 and 7 of     this Act;(2) federal matching funds received by the State as a     result of expenditures made by the Department that are attributable to moneys deposited in the Fund;(3) interest earned on moneys deposited in the Fund;     and(4) other moneys received for the Fund from any other     source, including interest earned thereon.(c) Disbursements from the Fund shall be made only for:(1) initially, the implementation of the Illinois     Adverse Health Care Events Reporting Law of 2005;(2) subsequently, programs, information, or     assistance, including measures to address public complaints, designed to measurably improve quality and patient safety;(2.5) from fines for violations of Section 10.10,     scholarships under the Nursing Education Scholarship Law; and(3)  the reimbursement of moneys collected by the     Department through error or mistake.(d)   The uses described in paragraph (2) of subsection (c) shall be developed in conjunction with a statewide organization representing a majority of hospitals. 
(Source: P.A. 102-641, eff. 8-27-21; 102-813, eff. 5-13-22.) (210 ILCS 85/15) (from Ch. 111 1/2, par. 156)Sec. 15. 
		
		Notwithstanding the existence or pursuit of any other remedy, the
Director may, in the manner provided by law, upon the advice of the
Attorney General who shall represent the Director in the proceedings,
maintain an action in the name of the State for injunction or other process
against any person or governmental unit to restrain or prevent the
establishment of a hospital without a permit issued pursuant to this Act,
or to restrain or prevent the opening, conducting, operating, or
maintaining of a hospital without a license issued pursuant to this Act.
		(Source: Laws 1965, p. 2350.) (210 ILCS 85/16) (from Ch. 111 1/2, par. 157)Sec. 16. 
		
		
		If any provision of this Act or the application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the
provisions or application of this Act which can be given effect without the
invalid provision or application, and to this end the provisions of the Act
are declared to be severable.
		(Source: Laws 1953, p. 811.)
(210 ILCS 86/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Hospital Report Card
Act.
		(Source: P.A. 93-563, eff. 1-1-04.) (210 ILCS 86/5)Sec. 5. 
		Findings. 
		The General Assembly finds that Illinois consumers have
a
right to
access information about the quality of health care provided in Illinois
hospitals in order to
make better decisions about their choice of health care provider.
		(Source: P.A. 93-563, eff. 1-1-04.) (210 ILCS 86/10)Sec. 10. Definitions. For the purpose of this Act:"Average daily census" means the average number of inpatients
receiving
service on any given 24-hour period beginning at midnight in each clinical
service area of the
hospital."Clinical service area" means a grouping of clinical services by a generic
class of
various types or levels of support functions, equipment, care, or treatment
provided to
inpatients. Hospitals may have, but are not required to have, the following
categories of
service: behavioral health, critical care, maternal-child care,
medical-surgical, pediatrics,
perioperative services, and telemetry."Department" means the Department of Public Health."Direct-care nurse" and "direct-care nursing staff" includes any registered
nurse,
licensed practical nurse, or assistive nursing personnel with direct
responsibility to oversee or
carry out medical regimens or nursing care for one or more patient."Hospital" means a health care facility licensed under the Hospital Licensing
Act."Nursing care" means care that falls within the scope of practice set
forth in the
Nurse Practice Act or is otherwise encompassed within
recognized
professional standards of nursing practice, including assessment, nursing
diagnosis, planning,
intervention, evaluation, and patient advocacy."Retaliate" means to discipline, discharge, suspend, demote,
harass, deny
employment or promotion, lay off, or take any other adverse action against
direct-care
nursing staff as a result of that nursing staff taking any action described in
this
Act."Skill mix" means the differences in licensing, specialty, and experiences
among direct-care nurses."Staffing levels" means the numerical nurse to patient ratio by licensed
nurse
classification within a nursing department or unit."Unit" means a functional division or area of a hospital in which nursing
care is
provided.
					(Source: P.A. 95-639, eff. 10-5-07.) (210 ILCS 86/15)Sec. 15. 
		Staffing levels.(a) The number of registered professional nurses, licensed practical nurses,
and other
nursing personnel assigned to each patient care unit shall be consistent with
the types of
nursing care needed by the patients and the capabilities of the staff. Patients
on each unit
shall be evaluated near the end of each change of shift by criteria developed
by the nursing
service. There shall be staffing schedules reflecting actual nursing personnel
required for the
hospital and for each patient unit. Staffing patterns shall reflect
consideration of nursing
goals, standards of nursing practice, and the needs of the patients.(b) Current nursing staff schedules shall be available upon request at each
patient care
unit. Each schedule shall list the daily assigned nursing personnel and average
daily census
for the unit. The actual nurse staffing assignment roster for each patient care
unit shall be
available upon request at the patient care unit for the effective date of that
roster. Upon the
roster's expiration, the hospital shall retain the roster for 5 years from the
date of its
expiration.(c) All records required under this Section, including anticipated staffing
schedules
and the methods to determine and adjust staffing levels shall be made available
to the public
upon request.(d) All records required under this Section shall be maintained by the
facility for no
less than 5 years.
		(Source: P.A. 93-563, eff. 1-1-04.) (210 ILCS 86/20)Sec. 20. 
		Orientation and training.(a) All health care facilities shall have established an orientation process
that
provides initial job training and information and assesses the direct care
nursing staff's
ability to fulfill specified responsibilities.(b) Personnel not competent for a given unit shall not be assigned to work
there
without direct supervision until appropriately trained.(c) Staff training information will be available upon
request, without any information identifying a
patient, employee, or licensed professional
 at the hospital.
		(Source: P.A. 93-563, eff. 1-1-04.) (210 ILCS 86/25)Sec. 25. Hospital reports.(a) Individual hospitals shall prepare a quarterly report including all of
the
following:(1) Nursing hours per patient day, average daily     census, and average daily hours worked for each clinical service area.(2) Infection-related measures for the facility for     the specific clinical procedures and devices determined by the Department by rule under 2 or more of the following categories:(A) Surgical procedure outcome measures.(B) Surgical procedure infection control process         measures.(C)  Outcome or process measures related to         ventilator-associated pneumonia.(D) Central vascular catheter-related bloodstream         infection rates in designated critical care units.(3) Information required under paragraph (4) of     Section 2310-312 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois.(4) Additional infection measures mandated by the     Centers for Medicare and Medicaid Services that are reported by hospitals to the Centers for Disease Control and Prevention's National Healthcare Safety Network surveillance system, or its successor, and deemed relevant to patient safety by the Department.(5) Each instance of preterm birth and infant     mortality within the reporting period, including the racial and ethnic information of the mothers of those infants.(6) Each instance of maternal mortality within the     reporting period, including the racial and ethnic information of those mothers.(7)  The number of female patients who have died     within the reporting period.(8)  The number of female patients admitted to the     hospital with a diagnosis of COVID-19 and at least one known underlying condition identified by the United States Centers for Disease Control and Prevention as a condition that increases the risk of mortality from COVID-19 who subsequently died at the hospital within the reporting period.The infection-related measures developed by the Department shall be based upon measures and methods developed by the Centers for Disease Control and Prevention, the Centers for Medicare and Medicaid Services, the Agency for Healthcare Research and Quality, the Joint Commission on Accreditation of Healthcare Organizations, or the National Quality Forum. The Department may align the infection-related measures with the measures and methods developed by the Centers for Disease Control and Prevention, the Centers for Medicare and Medicaid Services, the Agency for Healthcare Research and Quality, the Joint Commission on Accreditation of Healthcare Organizations, and the National Quality Forum by adding reporting measures based on national health care strategies and measures deemed scientifically reliable and valid for public reporting. The Department shall receive approval from the State Board of Health to retire measures deemed no longer scientifically valid or valuable for informing quality improvement or infection prevention efforts. The Department shall notify the Chairs and Minority Spokespersons of the House Human Services Committee and the Senate Public Health Committee of its intent to have the State Board of Health take action to retire measures no later than 7 business days before the meeting of the State Board of Health.The Department shall include interpretive guidelines for infection-related indicators and, when available, shall include relevant benchmark information published by national organizations.The Department shall collect the information reported under paragraphs (5) and (6) and shall use it to illustrate the disparity of those occurrences across different racial and ethnic groups.(b) Individual hospitals shall prepare annual reports including vacancy and
turnover rates
for licensed nurses per clinical service area.(c) None of the information the Department discloses to the public may be
made
available
in any form or fashion unless the information has been reviewed, adjusted, and
validated
according to the following process:(1) The Department shall organize an advisory     committee, including representatives from the Department, public and private hospitals, direct care nursing staff, physicians, academic researchers, consumers, health insurance companies, organized labor, and organizations representing hospitals and physicians. The advisory committee must be meaningfully involved in the development of all aspects of the Department's methodology for collecting, analyzing, and disclosing the information collected under this Act, including collection methods, formatting, and methods and means for release and dissemination.(2) The entire methodology for collecting and     analyzing the data shall be disclosed to all relevant organizations and to all hospitals that are the subject of any information to be made available to the public before any public disclosure of such information.(3) Data collection and analytical methodologies     shall be used that meet accepted standards of validity and reliability before any information is made available to the public.(4) The limitations of the data sources and analytic     methodologies used to develop comparative hospital information shall be  clearly identified and acknowledged, including but not limited to the appropriate and inappropriate uses of the data.(5) To the greatest extent possible, comparative     hospital information initiatives shall use standard-based norms derived from widely accepted provider-developed practice guidelines.(6) Comparative hospital information and other     information that the Department has compiled regarding hospitals shall be shared with the hospitals under review prior to public dissemination of such information and these hospitals have 30 days to make corrections and to add helpful explanatory comments about the information before the publication.(7) Comparisons among hospitals shall adjust for     patient case mix and other relevant risk factors and control for provider peer groups, when appropriate.(8) Effective safeguards to protect against the     unauthorized use or disclosure of hospital information shall be developed and implemented.(9) Effective safeguards to protect against the     dissemination of inconsistent, incomplete, invalid, inaccurate, or subjective hospital data shall be developed and implemented.(10) The quality and accuracy of hospital information     reported under this Act and its data collection, analysis, and dissemination methodologies shall be evaluated regularly.(11) Only the most basic identifying information from     mandatory reports shall be used, and information identifying a patient, employee, or licensed professional shall not be released. None of the information the Department discloses to the public under this Act may be used to establish a standard of care in a private civil action.(d) Quarterly reports shall be submitted, in a format set forth in rules
adopted
by the
Department, to the Department by April 30, July 31, October 31, and January 31
each year
for the previous quarter. Data in quarterly reports must cover a period ending
not earlier than
one month prior to submission of the report. Annual reports shall be submitted
by December
31 in a format set forth in rules adopted by the Department to the Department.
All reports
shall be made available to the public on-site and through the Department.(e) If the hospital is a division or subsidiary of another entity that owns
or
operates other
hospitals or related organizations, the annual public disclosure report shall
be for the specific
division or subsidiary and not for the other entity.(f) The Department shall disclose information under this Section in
accordance with provisions for inspection and copying of public records
required by the Freedom of
Information Act provided that such information satisfies the provisions of
subsection (c) of this Section.(g) Notwithstanding any other provision of law, under no circumstances shall
the
Department disclose information obtained from a hospital that is confidential
under Part 21
of Article VIII of the Code of Civil Procedure.(h) No hospital report or Department disclosure may contain information
identifying a patient, employee, or licensed professional.
(Source: P.A. 101-446, eff. 8-23-19; 102-256, eff. 1-1-22.) (210 ILCS 86/30)Sec. 30. Department reports. The Department of Public Health shall
annually submit
to the General Assembly a report summarizing the quarterly reports by health
service area
and shall publish that report on its website. The Department of Public Health
may issue
quarterly informational bulletins at its discretion, summarizing all or part of
the information
submitted in these quarterly reports. The Department shall publish quality and safety measures on major public health problems, such as cardiovascular disease and diabetes, that have been vetted by the National Quality Forum, the Agency for Healthcare Research and Quality, the Centers for Disease Control and Prevention, or the Centers for Medicare and Medicaid Services. The Department shall also publish
risk-adjusted mortality
rates for each hospital based upon information hospitals have already submitted
to the
Department pursuant to their obligations to report health care information
under other public
health reporting laws and regulations outside of this Act. The published
mortality rates must
comply with the hospital data publication process contained in subsection (c)
of Section 25 of this Act.
(Source: P.A. 99-326, eff. 8-10-15.) (210 ILCS 86/35)Sec. 35. 
		Whistleblower protections.(a) A hospital covered by this Act shall not penalize, discriminate, or
retaliate in any
manner against an employee with respect to compensation or the terms,
conditions, or
privileges of employment who in good faith, individually or in conjunction with
another
person or persons, does any of the following or intimidate, threaten, or
punish an
employee to prevent him or her from doing any of the following:(1) Discloses to the nursing staff supervisor or     manager, a private accreditation organization, the nurse's collective bargaining agent, or a regulatory agency any activity, policy, or practice of a hospital that violates this Act or any other law or rule or that the employee reasonably believes poses a risk to the health, safety, or welfare of a patient or the public.(2) Initiates, cooperates, or otherwise participates     in an investigation or proceeding brought by a regulatory agency or private accreditation body concerning matters covered by this Act or any other law or rule or that the employee reasonably believes poses a risk to the health, safety, or welfare of a patient or the public.(3) Objects to or refuses to participate in any     activity, policy, or practice of a hospital that violates this Act or any law or rule of the Department or that a reasonable person would believe poses a risk to the health, safety, or welfare of a patient or the public.(4) Participates in a committee or peer review     process or files a report or complaint that discusses allegation of unsafe, dangerous, or potentially dangerous care within the hospital.(b) For the purposes of this Section, an employee is presumed to act in good
faith if the
employee reasonably believes that (i) the information reported or disclosed is
true and
(ii) a violation has occurred or may occur. An employee is not acting in good
faith
under this Section if the employee's report or action was based on information
that the
employee should reasonably know is false or misleading. The protection of this
Section shall also not apply to an employee unless the employee gives written
notice
to a hospital manager of the activity, policy, practice, or violation that the
employee
believes poses a risk to the health of a patient or the public and provides the
manager a
reasonable opportunity to correct the problem. The manager shall respond in
writing
to the employee within 7 days acknowledging that the notice was received and
provide
written
notice of any action taken within a reasonable time of receiving the employee's
notice.
This notice requirement shall not apply if the employee is reasonably certain
that the
activity, policy, practice, or violation: (i) is known by one or more hospital
managers
who have had an opportunity to correct the problem and have not done so; (ii)
involves
the commission of a crime; or (iii) places patient health or safety in severe
and
immediate danger. The notice requirement shall not apply if the employee is
participating in a survey, investigation, or other activity of a regulatory
agency, law
enforcement agency, or private accreditation body that was not initiated by the
employee. Nothing in this Section prohibits a hospital from training,
educating,
correcting, or otherwise taking action to improve the performance of employees
who
report that they are unable or unwilling to perform an assigned task.
		(Source: P.A. 93-563, eff. 1-1-04.) (210 ILCS 86/40)Sec. 40. 
		Private right of action. 
		Any health care facility that violates
the
provisions of
Section 35 may be held liable to the employee affected in an action brought
in a court of
competent jurisdiction for such legal or equitable relief as may be appropriate
to effectuate
the purposes of this Act.
		(Source: P.A. 93-563, eff. 1-1-04.) (210 ILCS 86/45)Sec. 45. 
		Regulatory oversight. 
		The Department shall be responsible for
ensuring
compliance with this Act as a condition of licensure under the Hospital
Licensing Act and
shall enforce such compliance according to the provisions of the Hospital
Licensing Act.
		(Source: P.A. 93-563, eff. 1-1-04.) (210 ILCS 86/90)Sec. 90. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 93-563, eff. 1-1-04; text omitted.) (210 ILCS 86/99)Sec. 99. 
		Effective date. 
		This Act takes effect on January 1, 2004.
		(Source: P.A. 93-563, eff. 1-1-04.)
(210 ILCS 87/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Language Assistance Services Act.
		(Source: P.A. 88-244.) (210 ILCS 87/5)Sec. 5. 
		Legislative findings. 
		The General Assembly finds and declares
that Illinois is becoming a land
of people whose languages and cultures give the state a global quality.  The
Legislature further finds and declares that access to basic health care
services is the right of every resident of the State, and that access to
information regarding basic health care services is an essential element of
that right.Therefore, it is the intent of the General Assembly that where language or
communication barriers exist between patients and the staff of a health
facility, arrangements shall be made for interpreters or bilingual
professional staff to ensure adequate and speedy communication between patients
and staff.
		(Source: P.A. 88-244.) (210 ILCS 87/10)Sec. 10. Definitions. As used in this Act:"Department" means the Department of Public Health."Interpreter" means a person fluent in English and in the necessary
language of the patient who can accurately speak, read, and readily interpret
the necessary second language, or a person who can accurately sign and read
sign language.  Interpreters shall have the ability to translate the names of
body parts and to describe completely symptoms and injuries in both languages.
Interpreters may include members of the medical or professional staff."Language or communication barriers" means either of the following:(1) With respect to spoken language, barriers that     are experienced by limited-English-speaking or non-English-speaking individuals who speak the same primary language, if those individuals constitute at least 5% of the patients served by the health facility annually.(2) With respect to sign language, barriers that are     experienced by individuals who are deaf and whose primary language is sign language."Health facility" means a hospital licensed under the Hospital Licensing Act,
 a long-term care facility licensed under the Nursing Home Care Act, or a facility licensed under the ID/DD Community Care Act, the MC/DD Act, or the Specialized Mental Health Rehabilitation Act of 2013.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.) (210 ILCS 87/15)Sec. 15. Language assistance services.(a) To ensure access to
health care information and services for
limited-English-speaking or non-English-speaking residents and deaf residents,
a health facility must do the following:(1) Adopt and review annually a policy for providing     language assistance services to patients with language or communication barriers.  The policy shall include procedures for providing, to the extent possible as determined by the facility, the use of an interpreter whenever a language or communication barrier exists, except where the patient, after being informed of the availability of the interpreter service, chooses to use a family member or friend who volunteers to interpret.  The procedures shall be designed to maximize efficient use of interpreters and minimize delays in providing interpreters to patients.  The procedures shall insure, to the extent possible as determined by the facility, that interpreters are available, either on the premises or accessible by telephone, 24 hours a day.  The facility shall annually transmit to the Department of Public Health a copy of the updated policy and shall include a description of the facility's efforts to insure adequate and speedy communication between patients with language or communication barriers and staff.(2) Develop, and post, either by physical or     electronic means,  in conspicuous locations, notices that advise patients and their families of the availability of interpreters, the procedure for obtaining an interpreter, and the telephone numbers to call for filing complaints concerning interpreter service problems, including, but not limited to, a TTY number for persons who are deaf or hard of hearing.  The notices shall be posted, at a minimum, in the emergency room, the admitting area, the facility entrance, and the outpatient area.  Notices shall inform patients that interpreter services are available on request, shall list the languages most commonly encountered at the facility for which interpreter services are available, and shall instruct patients to direct complaints regarding interpreter services to the Department of Public Health, including the telephone numbers to call for that purpose.(3) Notify the facility's employees of the language     services available at the facility and train them on how to make those language services available to patients.(b) In addition, a health facility may do one or more of the following:(1) Identify and record a patient's primary language     and dialect on one or more of the following: a patient medical chart, hospital bracelet, bedside notice, or nursing card.(2) Prepare and maintain, as needed, a list of     interpreters who have been identified as proficient in sign language according to the Interpreter for the Deaf Licensure Act of 2007 and a list of the languages of the population of the geographical area served by the facility.(3) Review all standardized written forms, waivers,     documents, and informational materials available to patients on admission to determine which to translate into languages other than English.(4) Consider providing its nonbilingual staff with     standardized picture and phrase sheets for use in routine communications with patients who have language or communication barriers.(5) Develop community liaison groups to enable the     facility and the limited-English-speaking, non-English-speaking, and deaf communities to ensure the adequacy of the interpreter services.(Source: P.A. 102-4, eff. 4-27-21.) (210 ILCS 87/16)Sec. 16. 
		Complaint system. 
		The Department shall develop and implement a
complaint system through which the Department
may receive complaints related to violations of this Act. The Department
shall establish a complaint system or utilize an existing Department complaint
system. The complaint system shall include (i) a complaint verification process
by which the Department determines the validity of a complaint and (ii) an
opportunity for a health facility to resolve the complaint through an informal
dispute resolution process.If the complaint is not resolved informally, then the Department shall serve
a notice of violation of this Act upon the health facility. The notice of
violation shall be in writing and shall specify the nature of the violation and
the statutory provision alleged to have been violated. The notice shall inform
the health facility of the action the Department may take under the Act, the
amount of any financial penalty to be imposed and the opportunity for the
health facility to enter into a plan of correction. The notice shall also
inform the health facility of its rights to a hearing to contest the alleged
violation under the Administrative Procedure Act.
		(Source: P.A. 93-564, eff. 1-1-04.) (210 ILCS 87/17)Sec. 17. 
		Plan of correction; penalty. 
		If the Department finds that a
health facility is in violation of this Act, the health facility may submit to
the Department, for its approval, a plan of correction. If a health facility
violates an approved plan of correction within 6 months of its submission, the
Department may impose a penalty on the health facility. For the first violation
of an approved
plan of
correction, the Department may impose a penalty of up to $100. For a second or
subsequent violation of an approved plan of correction the Department may
impose a
penalty of up to $250. The total fines imposed under this Act against a health
facility in
a twelve month period shall not exceed $5,000.Penalties imposed under this Act shall be paid to the Department and
deposited in
the Nursing Dedicated and Professional Fund.
		(Source: P.A. 93-564, eff. 1-1-04.) (210 ILCS 87/18)Sec. 18. 
		Rules. 
		The Department shall adopt any rules necessary for the
administration and enforcement of this Act.  The Illinois Administrative
Procedure Act shall apply to all administrative rules and procedures of the
Department under this Act.
		(Source: P.A. 93-564, eff. 1-1-04.) (210 ILCS 87/19)Sec. 19. 
		Administrative Review Law. 
		The Administrative Review Law shall
apply to and govern all proceedings for judicial review of final administrative
decisions of the Department under this Act.
		(Source: P.A. 93-564, eff. 1-1-04.)
(210 ILCS 88/1)Sec. 1. Short title. This Act may be cited as the Fair Patient Billing Act.

(Source: P.A. 94-885, eff. 1-1-07.) (210 ILCS 88/5)Sec. 5. Purpose; findings.(a)    The purpose of this Act is to advance the prompt and accurate payment of health care services through fair and reasonable billing and collection practices of hospitals.(b)   The General Assembly finds that:(1)   Medical debts are the cause of an increasing     number of bankruptcies in Illinois and are typically associated with severe financial hardship incurred by bankrupt persons and their families.(2)   Patients, hospitals, and government bodies     alike will benefit from clearly articulated standards regarding fair billing and collection practices for all Illinois hospitals.(3)   Hospitals should employ responsible standards     when collecting debt from their patients.(4)   Patients should be provided sufficient billing     information from hospitals to determine the accuracy of the bills for which they may be financially responsible.(5)   Patients should be given a fair and reasonable     opportunity to discuss and assess the accuracy of their bill.(6)   Patients should be provided information     regarding the hospital's policies regarding financial assistance options the hospital may offer to qualified patients.(7)   Hospitals should offer patients the opportunity     to enter into a  reasonable payment plan for their hospital care.(8)   Patients have an obligation to pay for the     hospital services they receive.  (Source: P.A. 94-885, eff. 1-1-07.) (210 ILCS 88/10)Sec. 10. Definitions.  As used in this Act:"Collection action" means any referral of a bill to a collection agency or law firm to collect payment for services from a patient or a patient's guarantor for hospital services."Health care plan" means a health insurance company, health maintenance organization, preferred provider arrangement, or third party administrator authorized in this State to issue policies or subscriber contracts or administer those policies and contracts that reimburse for inpatient and outpatient services provided in a hospital.  Health care plan, however, does not include any government-funded program such as Medicare or Medicaid, workers' compensation, and accident liability insurers."Insured patient" means a patient who is insured by a health care plan."Patient" means the individual receiving services from the hospital and any individual who is the guarantor of the payment for such services."Reasonable payment plan" means a plan to pay a hospital bill that is offered to the patient or the patient's legal representative and takes into account the patient's available income and assets, the amount owed, and any prior payments."Uninsured patient" means a patient who is not insured by a health care plan and is not a beneficiary under a government-funded program, workers' compensation, or accident liability insurance.

(Source: P.A. 94-885, eff. 1-1-07.) (210 ILCS 88/15)Sec. 15. Patient notification.(a)    Each hospital shall post a sign with the following notice:"You may be eligible for financial assistance     under the terms and conditions the hospital offers to qualified patients.  For more information contact [hospital financial assistance representative]".(b)   The sign under subsection (a) shall be posted, either by physical or electronic means,  conspicuously in the admission and registration areas of the hospital.(c)    The sign shall be in English, and in any other language that is the primary language of at least 5% of the patients served by the hospital annually.(d)   Each hospital that has a website must post a notice in a prominent place on its website that financial assistance is available at the hospital, a description of the financial assistance application process, and a copy of the financial assistance application.(e) Within 180 days after the effective date of this amendatory Act of the 102nd General Assembly, each hospital must make available information regarding financial assistance from the hospital in the form of either a brochure, an application for financial assistance, or other written or electronic material in the emergency room, hospital admission, or registration area.
(Source: P.A. 102-4, eff. 4-27-21.) (210 ILCS 88/20)Sec. 20. Bill information.
 If a hospital bills a patient for health care services, the hospital shall provide with its bill the following information:(1)                  the date or dates  that health     care services were provided to the patient;(2)                a brief description of the     hospital services;(3)               the amount owed for hospital     services;(4)              hospital contact information for     addressing billing inquiries;(5)                a statement regarding how an     uninsured patient may apply for consideration under the hospital's financial assistance policy on or with each hospital bill sent to an uninsured patient; and(6)              notice that the patient may obtain     an itemized bill upon request.If a hospital bills a patient, then the hospital must provide an itemized statement of charges for the inpatient and outpatient services rendered by the hospital upon receiving a request from the patient.


(Source: P.A. 94-885, eff. 1-1-07.) (210 ILCS 88/25)Sec. 25. Bill inquiries.(a)A hospital must implement a process for patients to inquire about or dispute a bill.  Such process must include a telephone number for billing inquiries and disputes and may include any of the following options:(1)      a toll-free telephone number that the     patient may call;(2)      an address to which he or she may write;(3)      a department or  identified individual     within the hospital he or she may call or write, with appropriate contact information; or(4)      a website or e-mail address.(b)All hospital bills and collection notices must provide a telephone number allowing the patient to inquire about or dispute a bill.(c)The hospital must return calls made by patients as promptly as possible, but no later than 2 business days after the call is made.  If the hospital's billing inquiry process involves correspondence from the patient, the hospital must respond within 10 business days of receipt of the patient correspondence.  For purposes of this Section, "business day" means a day on which the hospital's billing office is open for regular business.


(Source: P.A. 94-885, eff. 1-1-07.) (210 ILCS 88/27)Sec. 27. Application Procedures for Financial Assistance.(a)  Applications.  The Attorney General shall, by rule, adopt standard provisions to be included in all applications for financial assistance no later than June 30, 2013.  On or before January 1, 2013, a statewide association representing a majority of hospitals may submit to the Attorney General recommendations concerning standard provisions to be used in an application for financial assistance, and the Attorney General shall take those recommendations into account when adopting rules under this subsection.(b) Presumptive Eligibility.  The Attorney General shall, by rule, adopt appropriate methodologies for the determination of presumptive eligibility no later than June 30, 2013.  On or before January 1, 2013, a statewide association representing a majority of hospitals may submit to the Attorney General recommendations concerning those methodologies, and the Attorney General shall take those recommendations into account when adopting rules under this subsection. 
(Source: P.A. 97-690, eff. 6-14-12.) (210 ILCS 88/30)Sec. 30. Pursuing collection action.(a)  Hospitals and their agents may pursue collection action against an uninsured patient only if the following conditions are met:(1)   The hospital has given the uninsured patient     the opportunity to:(A)       assess the accuracy of the bill;(B)      apply for financial assistance under the         hospital's financial assistance policy; and(C)       avail themselves of a reasonable         payment plan.(2)   If the uninsured patient has indicated an     inability to pay the full amount of the debt in one payment, the hospital has offered the patient a reasonable payment plan.  The hospital may require the uninsured patient to provide reasonable verification of his or her inability to pay the full amount of the debt in one payment.(3)   To the extent the hospital provides financial     assistance and the circumstances of the uninsured patient suggest the potential for eligibility for charity care, the uninsured patient has been given at least 60 days following the date of discharge or receipt of outpatient care to submit an application for financial assistance.(4)   If the uninsured patient has agreed to a     reasonable payment plan with the hospital, and the patient has failed to make payments in accordance with that reasonable payment plan.(5)   If the uninsured patient informs the hospital     that he or she has applied for health care coverage under Medicaid, Kidcare, or other government-sponsored health care program (and there is a reasonable basis to believe that the patient will qualify for such program) but the patient's application is denied.(a-5) A hospital shall proactively offer information on charity care options available to uninsured patients, regardless of their immigration status or residency.(b)  A hospital may not refer a bill, or portion thereof, to a collection agency or attorney for collection action against the insured patient, without first offering the patient the opportunity to request a reasonable payment plan for the amount personally owed by the patient.  Such an opportunity shall be made available for the 30 days following the date of the initial bill.  If the insured patient requests a reasonable payment plan, but fails to agree to a plan within 30 days of the request, the hospital may proceed with collection action against the patient.(c)No collection agency, law firm, or individual may initiate legal action for non-payment of a hospital bill against a patient without the written approval of an authorized hospital employee who reasonably believes that the conditions for pursuing collection action under this Section have been met.(d)Nothing in this Section prohibits a hospital from engaging an outside third party agency, firm, or individual to manage the process of implementing the hospital's financial assistance and reasonable payment plan programs and policies so long as such agency, firm, or individual is contractually bound to comply with the terms of this Act.

(Source: P.A. 102-504, eff. 12-1-21.) (210 ILCS 88/35)Sec. 35. Collection limitations. The hospital shall not pursue legal action for non-payment of a hospital bill against uninsured patients who have clearly demonstrated that they have neither sufficient income nor assets to meet their financial obligations provided the patient has complied with Section 45 of this Act.


(Source: P.A. 94-885, eff. 1-1-07.) (210 ILCS 88/40)Sec. 40. Hospital agents. The hospital must ensure that any external collection agency, law firm, or individual engaged by the hospital to obtain payment of outstanding bills for hospital services agrees in writing to comply with the collections provisions of this Act.


(Source: P.A. 94-885, eff. 1-1-07.) (210 ILCS 88/45)Sec. 45. Patient responsibilities.(a)    To receive the protection and benefits of this Act, a patient responsible for paying a hospital bill must act reasonably and cooperate in good faith with the hospital by providing the hospital with all of the reasonably requested financial and other relevant information and documentation needed to determine the patient's eligibility under the hospital's financial assistance policy and reasonable payment plan options to qualified patients within 30 days of a request for such information.(b)   To receive the protection and benefits of this Act, a patient responsible for paying a hospital bill shall communicate to the hospital any material change in the patient's financial situation that may affect the patient's ability to abide by the provisions of an agreed upon   reasonable payment plan or qualification for financial assistance within 30 days of the change.


(Source: P.A. 94-885, eff. 1-1-07.) (210 ILCS 88/50)Sec. 50. Notification concerning out-of-network providers.
 During the admission or as soon as practicable thereafter, the hospital must provide an insured patient with written notice that:(1)    the patient may receive separate bills for     services provided by health care professionals affiliated with the hospital;(2)    if applicable, some hospital staff members may     not be participating providers in the same insurance plans and networks as the hospital;(3)    if applicable, the patient may have a greater     financial responsibility for services provided by health care professionals at the hospital who are not under contract with the patient's health care plan; and(4)    questions about coverage or benefit levels     should be directed to the patient's health care plan and the patient's certificate of coverage.  (Source: P.A. 94-885, eff. 1-1-07.) (210 ILCS 88/55)Sec. 55. Enforcement.(a)  The Attorney General is responsible for administering and ensuring compliance with this Act, including the development of any rules necessary for the implementation and enforcement of this Act.(b) The Attorney General shall develop and implement a process for receiving and handling complaints from individuals or hospitals regarding possible violations of this Act.(c)  The Attorney General may conduct any investigation deemed necessary regarding possible violations of this Act by any hospital including, without limitation, the issuance of subpoenas to:(i) require the hospital to file a statement or report or answer interrogatories in writing as to all information relevant to the alleged violations;(ii)      examine under oath any person who possesses knowledge or information directly related to the alleged violations; and(iii)      examine any record, book, document, account, or paper necessary to investigate the alleged violation.(d)   If the Attorney General determines that there is a reason to believe that any hospital has violated the Act, the Attorney General may bring an action in the name of the People of the State against the hospital to obtain temporary, preliminary, or permanent injunctive relief for any act, policy, or practice by the hospital that violates this Act.  Before bringing such an action, the Attorney General may permit the hospital to submit a Correction Plan for the Attorney General's approval.(e)    This Section applies if:(i) a court orders a party to make payments to the     Attorney General and the payments are to be used for the operations of the Office of the Attorney General; or(ii) a party agrees in a Correction Plan under this     Act, to make payments to the Attorney General for the operations of the Office of the Attorney General.(f)     Moneys paid under any of the conditions described in (e) shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund.  Moneys in the Fund shall be used, subject to appropriation, for the performance of any function pertaining to the exercise of the duties to the Attorney General including, but not limited to, enforcement of any law of this State and conducting public education programs; however, any moneys in the Fund that are required by the court to be used for a particular purpose shall be used for that purpose.(g)    The Attorney General may seek the assessment of one or more of the following civil monetary penalties in any action filed under this Act where the hospital knowingly violates the Act:(1)  For violations, involving a pattern or practice,     of not providing the information to patients under Sections 15, 20, 25, and 50, the civil monetary penalty shall not exceed $500 per violation.(2)  For violations involving the failure to engage     in or refrain from certain activities under Sections 30, 35 and 40, the civil monetary penalty shall not exceed $1000 per violation.(h)    In the event a court grants a final order of relief against any hospital for a violation of this Act, the Attorney General may, after all appeal rights have been exhausted, refer the hospital to the Illinois Department of Public Health for possible adverse licensure action under the Hospital Licensing Act.

(Source: P.A. 94-885, eff. 1-1-07.) (210 ILCS 88/60)Sec. 60. Limitations. Nothing in this Act shall be used by any private or public payer as a basis for reducing the third-party payer's rates, policies, or usual and customary charges for any health care service.  Nothing in this Act shall be construed as imposing an obligation on a hospital to provide any particular service or treatment to an uninsured patient.  Nothing in this Act shall be construed as imposing an obligation on a hospital to file a lawsuit to collect payment on a patient's bill.  This Act establishes new and additional legal obligations for all hospitals in the State of Illinois.  Nothing in this Act shall be construed as relieving or reducing any hospital of any other obligation under the Illinois Constitution or under any other statute or the common law including, without limitation, obligations of hospitals to furnish financial assistance or community benefits.  No provision of this Act shall derogate from the common law or statutory  authority of the Attorney General, nor shall any provision be construed as a limitation on the common law or statutory authority of the Attorney General to investigate hospitals or initiate enforcement actions against them including, without limitation, the authority to investigate at any time charitable trusts for the purpose of determining and ascertaining whether they are being administered in accordance with Illinois law and with the terms purposes thereof.(Source: P.A. 94-885, eff. 1-1-07.) (210 ILCS 88/70)Sec. 70. Application.(a) This Act applies to all hospitals licensed under the Hospital Licensing Act or the University of Illinois Hospital Act.  This Act does not apply to a hospital that does not charge for its services.(b) The obligations of hospitals under this Act shall take effect for services provided on or after the first day of the month that begins 180 days after the effective date of this Act.
(Source: P.A. 94-885, eff. 1-1-07.) (210 ILCS 88/75)Sec. 75. Home rule. A home rule unit may not regulate hospitals in a manner inconsistent with the provisions of this Act.  This Section is a limitation under subsection (i) of Section 6 of the Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 94-885, eff. 1-1-07.) (210 ILCS 88/80)Sec. 80. Administrative Procedure Act.  The Illinois Administrative Procedure Act applies to all rules promulgated by the Attorney General under the Act.

(Source: P.A. 94-885, eff. 1-1-07.) (210 ILCS 88/999)Sec. 999. Effective date. This Act takes effect January 1, 2007.
(Source: P.A. 94-885, eff. 1-1-07.)
(210 ILCS 89/1)Sec. 1. Short title. This Act may be cited as the Hospital Uninsured Patient Discount Act.
(Source: P.A. 95-965, eff. 12-22-08.) (210 ILCS 89/5)Sec. 5. Definitions. As used in this Act:"Community health center" means a federally qualified health center as defined in Section 1905(l)(2)(B) of the federal Social Security Act or a federally qualified health center look-alike."Cost to charge ratio" means the ratio of a hospital's costs to its charges taken from its most recently filed Medicare cost report (CMS 2552-96 Worksheet C, Part I, PPS Inpatient Ratios)."Critical Access Hospital" means a  hospital that is designated as such under the federal Medicare Rural Hospital Flexibility Program."Family income" means the sum of a family's annual earnings and cash benefits from all sources before taxes, less payments made for child support."Federal poverty income guidelines" means the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under authority of 42 U.S.C. 9902(2)."Financial assistance" means a discount provided to a patient under the terms and conditions a hospital offers to qualified patients or as required by law."Free and charitable clinic" means a 501(c)(3) tax-exempt health care organization providing health services to low-income uninsured or underinsured individuals that is recognized by either the Illinois Association of Free and Charitable Clinics or the National Association of Free and Charitable Clinics."Health care services" means any medically necessary inpatient or outpatient hospital service, including pharmaceuticals or supplies provided by a hospital to a patient."Hospital" means any facility or institution required to be licensed pursuant to the Hospital Licensing Act or operated under the University of Illinois Hospital Act."Illinois resident" means any person who lives in Illinois and who intends to remain living in Illinois indefinitely. Relocation to Illinois for the sole purpose of receiving health care benefits does not satisfy the residency requirement under this Act."Medically necessary" means any inpatient or outpatient hospital service, including pharmaceuticals or supplies provided by a hospital to a patient, covered under Title XVIII of the federal Social Security Act for beneficiaries with the same clinical presentation as the uninsured patient. A "medically necessary" service does not include any of the following:(1)  Non-medical services such as social and     vocational services.(2)  Elective cosmetic surgery, but not plastic     surgery designed to correct disfigurement caused by injury, illness, or congenital defect or deformity."Rural hospital" means a hospital that is located outside a metropolitan statistical area."Uninsured discount" means a hospital's charges multiplied by the uninsured discount factor."Uninsured discount factor" means 1.0 less the product of a hospital's cost to charge ratio multiplied by 1.35."Uninsured patient" means an Illinois resident who is a patient of a hospital and is not covered under a policy of health insurance and is not a beneficiary under a public or private health insurance, health benefit, or other health coverage program, including high deductible health insurance plans, workers' compensation, accident liability insurance, or other third party liability.
(Source: P.A. 102-581, eff. 1-1-22.) (210 ILCS 89/10)Sec. 10. Uninsured patient discounts.(a) Eligibility.(1) A hospital, other than a rural hospital or     Critical Access Hospital, shall provide a discount from its charges to any uninsured patient who applies for a discount and has family income of not more than 600% of the federal poverty income guidelines for all medically necessary health care services exceeding $150 in any one inpatient admission or outpatient encounter.(2) A hospital, other than a rural hospital or     Critical Access Hospital, shall provide a charitable discount of 100% of its charges for all medically necessary health care services exceeding $150 in any one inpatient admission or outpatient encounter to any uninsured patient who applies for a discount and has family income of not more than 200% of the federal poverty income guidelines.(3) A rural hospital or Critical Access Hospital     shall provide a discount from its charges to any uninsured patient who applies for a discount and has annual family income of not more than 300% of the federal poverty income guidelines for all medically necessary health care services exceeding $300 in any one inpatient admission or outpatient encounter.(4) A rural hospital or Critical Access Hospital     shall provide a charitable discount of 100% of its charges for all medically necessary health care services exceeding $300 in any one inpatient admission or outpatient encounter to any uninsured patient who applies for a discount and has family income of not more than 125% of the federal poverty income guidelines.(b) Discount. For all health care services exceeding $300 in any one inpatient admission or outpatient encounter, a hospital shall not collect from an uninsured patient, deemed eligible under subsection (a), more than its charges less the amount of the uninsured discount.(c) Maximum Collectible Amount.(1) The maximum amount that may be collected in a     12-month period for health care services provided by the hospital from a patient determined by that hospital to be eligible under subsection (a) is 20% of the patient's family income, and is subject to the patient's continued eligibility under this Act.(2) The 12-month period to which the maximum amount     applies shall begin on the first date, after the effective date of this Act, an uninsured patient receives health care services that are determined to be eligible for the uninsured discount at that hospital.(3) To be eligible to have this maximum amount     applied to subsequent charges, the uninsured patient shall inform the hospital in subsequent inpatient admissions or outpatient encounters that the patient has previously received health care services from that hospital and was determined to be entitled to the uninsured discount. The availability of the maximum collectible amount shall be included in the hospital's financial assistance information provided to uninsured patients.(4) Hospitals may adopt policies to exclude an     uninsured patient from the application of subdivision (c)(1) when the patient owns assets having a value in excess of 600% of the federal poverty level for hospitals in a metropolitan statistical area or owns assets having a value in excess of 300% of the federal poverty level for Critical Access Hospitals or hospitals outside a metropolitan statistical area, not counting the following assets: the uninsured patient's primary residence; personal property exempt from judgment under Section 12-1001 of the Code of Civil Procedure; or any amounts held in a pension or retirement plan, provided, however, that distributions and payments from pension or retirement plans may be included as income for the purposes of this Act.(d) Each hospital bill, invoice, or other summary of charges to an uninsured patient shall include with it, or on it, a prominent statement that an uninsured patient who meets certain income requirements may qualify for an uninsured discount and information regarding how an uninsured patient may apply for consideration under the hospital's financial assistance policy. The hospital's financial assistance application shall include language that directs the uninsured patient to contact the hospital's financial counseling department with questions or concerns, along with contact information for the financial counseling department, and shall state: "Complaints or concerns with the uninsured patient discount application process or hospital financial assistance process may be reported to the Health Care Bureau of the Illinois Attorney General.". A website, phone number, or both provided by the Attorney General shall be included with this statement. 
(Source: P.A. 102-581, eff. 1-1-22.) (210 ILCS 89/15)Sec. 15. Patient responsibility.(a) Hospitals may make the availability of a discount and the maximum collectible amount under this Act contingent upon the uninsured patient first applying for coverage under public health insurance programs, such as Medicare, Medicaid, AllKids, the State Children's Health Insurance Program, or any other program, if there is a reasonable basis to believe that the uninsured patient may be eligible for such program.(b) Hospitals shall permit an uninsured patient to apply for a discount within 90 days of the date of discharge or date of service.Hospitals shall offer uninsured patients who receive community-based primary care provided by a community health center or a free and charitable clinic, are referred by such an entity to the hospital, and seek access to nonemergency hospital-based health care services with an opportunity to be screened for and assistance with applying for public health insurance programs if there is a reasonable basis to believe that the uninsured patient may be eligible for a public health insurance program. An uninsured patient who receives community-based primary care provided by a community health center or free and charitable clinic and is referred by such an entity to the hospital for whom there is not a reasonable basis to believe that the uninsured patient may be eligible for a public health insurance program shall be given the opportunity to apply for hospital financial assistance when hospital services are scheduled.(1)  Income verification. Hospitals may require an     uninsured patient who is requesting an uninsured discount to provide documentation of family income. Acceptable family income documentation shall include any one of the following:(A) a copy of the most recent tax return;(B) a copy of the most recent W-2 form and 1099         forms;(C) copies of the 2 most recent pay stubs;(D) written income verification from an employer         if paid in cash; or(E) one other reasonable form of third party         income verification deemed acceptable to the hospital.(2)  Asset verification. Hospitals may require an     uninsured patient who is requesting an uninsured discount to certify the existence or absence of assets owned by the patient and to provide documentation of the value of such assets, except for those assets referenced in paragraph (4) of subsection (c) of Section 10. Acceptable documentation may include statements from financial institutions or some other third party verification of an asset's value. If no third party verification exists, then the patient shall certify as to the estimated value of the asset.(3)  Illinois resident verification. Hospitals may     require an uninsured patient who is requesting an uninsured discount to verify Illinois residency. Acceptable verification of Illinois residency shall include any one of the following:(A) any of the documents listed in paragraph (1);(B) a valid state-issued identification card;(C) a recent residential utility bill;(D) a lease agreement;(E) a vehicle registration card;(F) a voter registration card;(G) mail addressed to the uninsured patient at an         Illinois address from a government or other credible source;(H) a statement from a family member of the         uninsured patient who   resides at the same address and presents verification of residency;(I) a letter from a homeless shelter,         transitional house or other similar facility verifying that the uninsured patient resides at the facility; or(J) a temporary visitor's drivers license.(c) Hospital obligations toward an individual uninsured patient under this Act shall cease if that patient unreasonably fails or refuses to provide the hospital with information or documentation requested under subsection (b) or to apply for coverage under public programs when requested under subsection (a) within 30 days of the hospital's request.(d) In order for a hospital to determine the 12 month maximum amount that can be collected from a patient deemed eligible under Section 10, an uninsured patient shall inform the hospital in subsequent inpatient admissions or outpatient encounters that the patient has previously received health care services from that hospital and was determined to be entitled to the uninsured discount.(e) Hospitals may require patients to certify that all of the information provided in the application is true. The application may state that if any of the information is untrue, any discount granted to the patient is forfeited and the patient is responsible for payment of the hospital's full charges.(f) Hospitals shall ask for an applicant's race, ethnicity, sex, and preferred language on the financial assistance application. However, the questions shall be clearly marked as optional responses for the patient and shall note that responses or nonresponses by the patient will not have any impact on the outcome of the application. 
(Source: P.A. 102-581, eff. 1-1-22.) (210 ILCS 89/20)Sec. 20. Exemptions and limitations.(a) Hospitals that do not charge for their services are exempt from the provisions of this Act.(b) Nothing in this Act shall be used by any private or public health care insurer or plan as a basis for reducing its payment or reimbursement rates or policies with any hospital. Notwithstanding any other provisions of law, discounts authorized under this Act shall not be used by any private or public health care insurer or plan, regulatory agency, arbitrator, court, or other third party to determine a hospital's usual and customary charges for any health care service.(c) Nothing in this Act shall be construed to require a hospital to provide an uninsured patient with a particular type of health care service or other service.(d) Nothing in this Act shall be deemed to reduce or infringe upon the rights and obligations of hospitals and patients under the Fair Patient Billing Act.(e) The obligations of hospitals under this Act shall take effect for health care services provided on or after the first day of the month that begins 90 days after the effective date of this Act or 90 days after the initial adoption of rules authorized under subsection (a) of Section 25, whichever occurs later.
(Source: P.A. 95-965, eff. 12-22-08.) (210 ILCS 89/25)Sec. 25. Enforcement.(a) The Attorney General is responsible for administering and ensuring compliance with this Act, including the development of any rules necessary for the implementation and enforcement of this Act.(b) The Attorney General shall develop and implement a process for receiving and handling complaints from individuals or hospitals regarding possible violations of this Act.(c) The Attorney General may conduct any investigation deemed necessary regarding possible violations of this Act by any hospital including, without limitation, the issuance of subpoenas to:(1) require the hospital to file a statement or     report or answer interrogatories in writing as to all information relevant to the alleged violations;(2) examine under oath any person who possesses     knowledge or information directly related to the alleged violations; and(3) examine any record, book, document, account, or     paper necessary to investigate the alleged violation.(d) If the Attorney General determines that there is a reason to believe that any hospital has violated this Act, the Attorney General may bring an action in the name of the People of the State against the hospital to obtain temporary, preliminary, or permanent injunctive relief for any act, policy, or practice by the hospital that violates this Act. Before bringing such an action, the Attorney General may permit the hospital to submit a Correction Plan for the Attorney General's approval.(e) This Section applies if:(1) A court orders a party to make payments to the     Attorney General and the payments are to be used for the operations of the Office of the Attorney General; or(2) A party agrees in a Correction Plan under this     Act to make payments to the Attorney General for the operations of the Office of the Attorney General.(f) Moneys paid under any of the conditions described in subsection (e) shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund. Moneys in the Fund shall be used, subject to appropriation, for the performance of any function, pertaining to the exercise of the duties, to the Attorney General including, but not limited to, enforcement of any law of this State and conducting public education programs; however, any moneys in the Fund that are required by the court to be used for a particular purpose shall be used for that purpose.(g) The Attorney General may seek the assessment of a civil monetary penalty not to exceed $500 per violation in any action filed under this Act where a hospital, by pattern or practice, knowingly violates Section 10 of this Act.(h) In the event a court grants a final order of relief against any hospital for a violation of this Act, the Attorney General may, after all appeal rights have been exhausted, refer the hospital to the Illinois Department of Public Health for possible adverse licensure action under the Hospital Licensing Act.(i) Each hospital shall file Worksheet C Part I from its most recently filed Medicare Cost Report with the Attorney General within 60 days after the effective date of this Act and thereafter shall file each subsequent Worksheet C Part I with the Attorney General within 30 days of filing its Medicare Cost Report with the hospital's fiscal intermediary.(j) No later than September 1, 2022, the Attorney General shall provide data on the Attorney General's website regarding enforcement efforts performed under this Act from July 1, 2021 through June 30, 2022. Thereafter, no later than September 1 of each year through September 1, 2027, the Attorney General shall annually provide data on the Attorney General's website regarding enforcement efforts performed under this Act from July 1 through June 30 of each year. The data shall include the following:(1) The total number of complaints received.(2) The total number of open investigations.(3) The number of complaints for which assistance in     resolving complaints was provided to constituents throughout the State by the Attorney General without resorting to investigations or actions filed.(4) The total number of resolved complaints.(5) The total number of actions filed.(6) A list of the names of facilities found by a     pattern or practice to knowingly violate Section 10, along with any civil penalties assessed against a listed facility.(Source: P.A. 102-581, eff. 1-1-22.) (210 ILCS 89/30)Sec. 30. Home rule. A home rule unit may not regulate hospitals in a manner inconsistent with the provisions of this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 95-965, eff. 12-22-08.) (210 ILCS 89/90)Sec. 90. (Amendatory provisions; text omitted).
(Source: P.A. 95-965, eff. 9-23-08; text omitted.) (210 ILCS 89/99)Sec. 99. Effective date. This Act takes effect upon becoming law, except that Sections 1 through 30 take effect 90 days after becoming law.

(Source: P.A. 95-965, eff. 9-23-08.)
(210 ILCS 9/1)Sec. 1. 
		Short title. 
		This Act may be cited as the Assisted Living and Shared Housing Act.
		(Source: P.A. 91-656, eff. 1-1-01.) (210 ILCS 9/5)Sec. 5. 
		Legislative purpose. 
		The purpose of this Act is to permit  the
development and
availability of assisted living establishments and shared housing
establishments
based on a social
model  that promotes the dignity, individuality, privacy, independence,
autonomy,  and decision-making ability and the right to negotiated risk  of
those persons; to provide
for the health, safety,
and  welfare of those residents residing in assisted living and shared housing
establishments in
this State; to promote  continuous quality improvement in assisted living; and
to encourage the
development of innovative and  affordable  assisted  living establishments and
shared housing
with  service establishments for elderly persons of all income  levels.  It is
the public policy of
this State that assisted  living is an important part of the continuum of
long term care.  In support
of the goal of aging in place within the parameters established by this Act,
assisted  living
and shared housing establishments shall  be operated as
residential environments
with supportive  services designed to meet the individual resident's changing
needs and
preferences. The residential environment shall be  designed to encourage family
and community
involvement.  The services available to residents, either directly or through
contracts or
agreements, are intended to help residents  remain as independent as possible.
Assisted living,
which promotes resident choice, autonomy, and decision making, should  be based
on a contract
model designed to result in a  negotiated agreement between the resident or
the resident's
representative and the provider, clearly identifying the services to be
provided. This model
assumes that residents are able to direct services provided for them and will
designate a
representative to direct
these services if they themselves are unable to do so.    This model supports
the
principle  that there is
an acceptable balance  between  consumer  protection and resident willingness
to accept risk and
that  most consumers are competent to make their own judgments about the
services they are
obtaining.  Regulation  of assisted living establishments and shared housing
establishments must
be sufficiently flexible to allow residents to age in place within the
parameters of this Act.
The
administration of this Act and services provided must therefore ensure that the
residents have the rights and responsibilities to direct the scope of services
they
receive and to make individual choices based on their needs and preferences.
These
establishments shall be operated in a manner that provides the least
restrictive and
most homelike environment and that promotes independence, autonomy,
individuality,
privacy, dignity, and the right to negotiated risk in residential
surroundings.  It is not the intent of the State that establishments licensed
under this Act
be used as halfway houses for alcohol and substance abusers.
		(Source: P.A. 91-656, eff. 1-1-01.) (210 ILCS 9/10)Sec. 10. Definitions. For purposes of this Act:"Activities of daily living" means eating, dressing,   bathing, toileting,
transferring, or personal
hygiene."Assisted living establishment" or "establishment" means a home, building,
residence, or any
other place where sleeping accommodations are provided for at least 3
unrelated adults,
at least 80% of whom are 55 years of age or older and where the following  are
provided
consistent with the purposes of this Act:(1) services consistent with a social model that is     based on the premise that the resident's unit in assisted living and shared housing is his or her own home;(2) community-based residential care for persons who     need assistance with activities of daily living, including personal,  supportive,  and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident;(3) mandatory services, whether provided directly by     the establishment or by another entity arranged for by the establishment, with the consent of the resident or resident's representative;  and(4) a physical environment that is a homelike setting     that includes the following and such other elements as established by the Department: individual living units each of which shall accommodate small kitchen appliances and contain private bathing, washing, and toilet facilities, or private washing and toilet facilities with a common bathing room readily accessible to each resident. Units shall be maintained for single occupancy except in cases in which 2 residents choose to share a unit. Sufficient common space shall exist to permit individual and group activities."Assisted living establishment" or "establishment" does not mean any of the
following:(1) A home, institution, or similar place operated      by the federal government or the State of Illinois.(2) A long term care facility licensed under the     Nursing Home Care Act, a facility licensed under the Specialized Mental Health Rehabilitation Act of 2013, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the MC/DD Act. However, a  facility licensed under any of those Acts may convert  distinct parts of the facility to assisted living.  If the facility elects to do so, the facility shall retain the Certificate of Need for its nursing and sheltered care beds that were converted.(3) A hospital, sanitarium, or other institution, the     principal activity or business of which is the diagnosis, care, and treatment of human illness and that is required to be licensed under the Hospital Licensing Act.(4) A facility for child care as defined in the Child     Care Act of 1969.(5) A community living facility as defined in the     Community Living Facilities Licensing Act.(6) A nursing home or sanitarium operated solely by     and for persons who rely exclusively upon treatment by spiritual means through prayer in accordance with the creed or tenants of a well-recognized church or religious denomination.(7) A facility licensed by the Department of Human     Services as a community-integrated living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act.(8) A supportive residence licensed under the     Supportive Residences Licensing Act.(9) The portion of a life care facility as defined in     the Life Care Facilities Act not licensed as an assisted living establishment under this Act; a life care facility may apply under this Act to convert sections of the community to assisted living.(10) A free-standing hospice facility licensed under     the Hospice Program Licensing Act.(11) A shared housing establishment.(12) A supportive living facility as described in     Section 5-5.01a of the Illinois Public Aid Code."Department" means the Department of Public Health."Director" means the Director of Public Health."Emergency situation" means imminent danger of death or serious physical
harm to a
resident of an establishment."License" means any of the following types of licenses issued to an applicant
or licensee by the
Department:(1) "Probationary license" means a license issued to     an applicant or licensee that has not held a license under this Act prior to its application or pursuant to a license transfer in accordance with Section 50 of this Act.(2) "Regular license" means a license issued by the     Department to an applicant or licensee that is in substantial compliance with this Act and any rules promulgated under this Act."Licensee" means a person, agency, association, corporation, partnership, or
organization that
has been issued a license to operate an assisted living or shared housing
establishment."Licensed health care professional" means a registered professional nurse,
an advanced practice registered nurse, a physician assistant, and a licensed practical
nurse."Mandatory services" include the following:(1) 3 meals per day available to the residents     prepared by the establishment or an outside contractor;(2) housekeeping services including, but not limited     to, vacuuming, dusting, and cleaning the   resident's unit;(3) personal laundry and linen services available to     the residents provided or arranged for by the establishment;(4) security provided 24 hours each day including,     but not limited to, locked entrances or building or contract security personnel;(5) an emergency communication response system, which     is a procedure in place 24 hours each day by which a resident can notify building management, an emergency response vendor, or others able to respond to his or her need for assistance; and(6) assistance with activities of daily living as     required by each resident."Negotiated risk" is the process by which a resident, or his or her
representative,
 may  formally
negotiate with providers what risks each are willing and unwilling to assume in
service provision
and the resident's living environment.  The provider assures that the resident
and the
resident's representative, if any, are informed of the risks of these decisions
and of
the potential
consequences of assuming these risks."Owner" means the individual, partnership, corporation, association, or other
person who owns
an assisted living or shared housing establishment.  In the event an assisted
living or shared
housing establishment is operated by a person who leases or manages the
physical plant, which is
owned by another person, "owner" means the person who operates the assisted
living or shared
housing establishment, except that if the person who owns the physical plant is
an affiliate of the
person who operates the assisted living or shared housing establishment and has
significant
control over the day to day operations of the assisted living or shared housing
establishment, the
person who owns the physical plant shall incur jointly and severally with the
owner all liabilities
imposed on an owner under this Act."Physician" means a person licensed
under the Medical Practice Act of 1987
to practice medicine in all of its
branches."Resident" means a person residing in an assisted living  or shared housing
establishment."Resident's representative" means a person, other than the owner, agent, or
employee of an
establishment or of the health care provider unless related to the resident,
designated in writing by a
resident to be his or her
representative.  This designation may be accomplished through the Illinois
Power of Attorney Act, pursuant to the guardianship process under the Probate
Act of 1975, or pursuant to an executed designation of representative form
specified by the Department."Self" means the individual or the individual's designated representative."Shared housing establishment" or "establishment" means a  publicly or
privately operated free-standing
residence for 16 or fewer persons, at least 80% of whom are 55
years of age or older
and who are unrelated to the owners and one manager of the residence, where
the following are provided:(1) services consistent with a social model that is     based on the premise that the resident's unit is his or her own home;(2) community-based residential care for persons who     need assistance with activities of daily living, including housing and personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to meet the scheduled and unscheduled needs of a resident; and(3) mandatory services, whether provided directly by     the establishment or by another entity arranged for by the establishment, with the consent of the resident or the resident's representative."Shared housing establishment" or "establishment" does not mean any of the
following:(1) A home, institution, or similar place operated by     the federal government or the State of Illinois.(2) A long term care facility licensed under the     Nursing Home Care Act, a facility licensed under the Specialized Mental Health Rehabilitation Act of 2013, a facility licensed under the ID/DD Community Care Act, or a facility licensed under the MC/DD Act. A facility licensed under any of those Acts may, however, convert sections of the facility to assisted living.  If the facility elects to do so, the facility shall retain the Certificate of Need for its nursing beds that were converted.(3) A hospital, sanitarium, or other institution, the     principal activity or business of which is the diagnosis, care, and treatment of human illness and that is required to be licensed under the Hospital Licensing Act.(4) A facility for child care as defined in the Child     Care Act of 1969.(5) A community living facility as defined in the     Community Living Facilities Licensing Act.(6) A nursing home or sanitarium operated solely by     and for persons who rely exclusively upon treatment by spiritual means through prayer in accordance with the creed or tenants of a well-recognized church or religious denomination.(7) A facility licensed by the Department of Human     Services as a community-integrated  living arrangement as defined in the Community-Integrated Living Arrangements Licensure and Certification Act.(8) A supportive residence licensed under the     Supportive Residences Licensing Act.(9) A life care facility as defined in the Life Care     Facilities Act; a life care facility may apply under this Act to convert sections of the community to assisted living.(10) A free-standing hospice facility licensed under     the Hospice Program Licensing Act.(11) An assisted living establishment.(12) A supportive living facility as described in     Section 5-5.01a of the Illinois Public Aid Code."Total assistance" means that staff or another individual performs the entire
activity of daily
living without participation by the resident.(Source: P.A. 99-180, eff. 7-29-15; 100-513, eff. 1-1-18.) (210 ILCS 9/15)Sec. 15. 
		Assessment and service plan requirements. 
		Prior to admission
to any establishment
covered by this Act, a comprehensive assessment that includes an evaluation of
the prospective
resident's physical, cognitive, and psychosocial condition  shall be completed.
 At least annually,
a comprehensive assessment shall be completed, and upon  identification of a
significant change
in the resident's condition, the resident shall be reassessed.
The Department may by rule specify circumstances under which more frequent
assessments of skin integrity and nutritional status shall be required.
The
comprehensive assessment shall be completed by a physician.  Based on the
assessment, a written
service plan shall be
developed and mutually agreed upon by the provider and the resident. The
service plan, which
shall be reviewed annually,  or more often as the resident's condition,
preferences, or service needs
change, shall serve as a basis for the service delivery contract between the
provider and the
resident. Based on the assessment, the service plan may provide for the
disconnection or
removal of any appliance.  
		(Source: P.A. 91-656, eff. 1-1-01.) (210 ILCS 9/20)Sec. 20. Construction and operating standards. The Department shall prescribe
minimum standards for
establishments.  These standards shall include:(1) the location and construction of the     establishment, including plumbing, heating, lighting, ventilation, and other physical conditions which shall ensure the health, safety, and comfort of residents and their protection from fire hazards; these standards shall include, at a minimum, compliance with the residential board and care occupancies chapter of the National Fire Protection Association's Life Safety Code, local and State building codes for the building type, and accessibility standards of the Americans with Disabilities Act;(2) the number and qualifications of all personnel     having responsibility for any part of the services provided for residents;(3) all sanitary conditions within the establishment     and its surroundings, including water supply, sewage disposal, food handling, infection control, and general hygiene, which shall ensure the health and comfort of residents;(4) a program for adequate maintenance of physical     plant and equipment;(5) adequate accommodations, staff, and services for     the number and types of residents for whom the establishment is licensed;(6) the development of evacuation and other     appropriate safety plans for use during weather, health, fire, physical plant, environmental, and national defense emergencies; and(7) the maintenance of minimum financial and other     resources necessary to meet the standards established under this Section and to operate the establishment in accordance with this Act.(Source: P.A. 96-975, eff. 7-2-10.) (210 ILCS 9/25)Sec. 25. 
		License requirement. 
		No person may establish, operate, maintain, or
offer an establishment as an assisted living establishment or shared housing
establishment as defined by the Act within this State unless and until he or
she obtains a valid license, which remains unsuspended, unrevoked, and
unexpired. No public official, agent, or employee may place any person in, or
recommend that any person be placed in, or directly or indirectly cause any
person to be placed in any establishment that meets the definition under this
Act that is being operated without a valid license.  No public official, agent,
or employee may place the name of an unlicensed establishment that is required
to be licensed under this Act on a list of programs.  An entity that operates
as an assisted living or shared housing establishment as defined by this Act
without a license shall be subject to the provisions, including penalties, of
the Nursing Home Care Act.  No entity shall use in its
name or advertise
"assisted living" unless licensed as an assisted living establishment under
this Act or as a shelter care facility under the Nursing Home Care Act that
also meets the definition of an assisted living establishment under this Act,
except a shared housing establishment licensed under this Act may advertise
assisted living services.
		(Source: P.A. 93-141, eff. 7-10-03.) (210 ILCS 9/30)Sec. 30. Licensing.(a) The Department shall
establish
by rule forms,
procedures, and fees for the annual licensing of  assisted living and shared
housing
establishments; shall establish and enforce sanctions  and penalties for
operating in violation
of this Act,  as provided in Section 135 of this Act and rules
adopted under
Section 110 of this Act.  The Department shall conduct an  annual on-site
review
for
each
establishment  covered by this Act, which shall include, but not be limited to,
compliance with
this Act and rules adopted hereunder, focus on solving resident issues
and concerns,
and the quality improvement process implemented by the establishment to address
resident
issues.  The quality improvement process implemented by the establishment must
benchmark performance, be customer centered, be data driven, and focus on
resident
satisfaction.(b) An establishment shall  provide the following information to 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, content and form to be     determined by rules which may provide different standards for assisted living establishments and shared housing establishments, establishing that the project is financially feasible;(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;(5) verification that the establishment has  entered     or will enter into a service delivery contract as provided in Section 90, as required under this 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 this Act, 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 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 rules adopted by the Department;(9) information about the number and types of units,     the maximum census, and the services to be  provided at the establishment, proof of compliance with applicable State and local residential standards, and a copy of the standard contract offered to residents;(10) documentation of adequate liability insurance;     and(11) other information necessary to determine the     identity and qualifications of an applicant or licensee to operate an establishment in accordance with this Act as required by the Department by rule.(c) The information in the statement of ownership shall be public
information and shall be
available from the Department.
(Source: P.A. 96-975, eff. 7-2-10.) (210 ILCS 9/32)Sec. 32. 
		Floating license. 
		An establishment (i) in which 80% of the
residents are at least 55 years of age or older, (ii) that is operated as
housing for the elderly, and (iii) that meets the construction and operating
standards contained in Section 20 of this Act may request a floating license
for any number of individual living units within the establishment up to, but
not including, total capacity.  An establishment requesting a floating license
must specify the number of individual living units within the establishment to
be licensed.  Living units designated by the establishment as a licensed living
unit shall, for the purposes of this Section, be referred to as a licensed
living unit.  An establishment utilizing a floating license must have staff
adequate to meet the scheduled and unscheduled needs of the residents residing
in licensed living units within the establishment.  All staff providing
services to licensed living units must meet the requirements of this Act and
its rules.  A living unit may only be designated as a licensed unit if the
living unit and the living unit's resident meet the requirements of this Act
and its rules.  All mandatory services must be made available to residents of
licensed living units, and residents of licensed living units may receive any
optional services permitted under the establishment's license.  Establishments
may only provide services under this
Act in the individual living units designated as licensed units.
Designation as a licensed unit may be temporary to accommodate a resident's
changing needs without requiring the resident to move.An establishment with a floating license must keep a current written list of
those units designated under the floating license.  If a resident elects to
receive services in a unit that is not licensed and the unit qualifies for
licensure, the establishment must notify the resident that the unit must be
licensed and the requirements of this Act must be met before services can be
provided to residents in that unit.  Upon the initiation of an initial
licensing inspection, annual inspection, or complaint investigation, the
establishment shall provide to the Department a list of the units designated
under the floating license in which residents are receiving services subject to
this Act.
		(Source: P.A. 93-141, eff. 7-10-03.) (210 ILCS 9/35)Sec. 35. Issuance of license.(a) Upon receipt and review of an application for a license and review of
the applicant establishment, the Director  may issue a license if he or she
finds:(1) that the individual applicant, or the     corporation, partnership, or other entity if the applicant is not an individual, is a person responsible and suitable to operate or to direct or participate in the operation of an establishment by virtue of financial capacity, appropriate business or professional experience, a record of lawful compliance with lawful orders of the Department and lack of revocation of a license issued under this Act, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act during the previous 5 years;(2) that the establishment is under the supervision     of a full-time director who is at least 21 years of age and has a high school diploma or equivalent plus either:(A) 2 years of management experience or 2 years         of experience in positions of progressive responsibility in health care, housing with services, or adult day care or providing similar services to the elderly; or(B) 2 years of management experience or 2 years         of experience in positions of progressive responsibility in hospitality and training in health care and housing with services management as defined by rule;(3) that the establishment has staff sufficient in     number with qualifications, adequate skills, education, and experience to meet the 24 hour scheduled and unscheduled needs of residents and who participate in ongoing training to serve the resident population;(4) that all employees who are subject to the Health     Care Worker Background Check Act meet the requirements of that Act;(5) that the applicant is in substantial compliance     with this Act and such other requirements for a license as the Department by rule may establish under this Act;(6) that the applicant pays all required fees;(7) that the applicant has provided to the Department     an accurate disclosure document in accordance with the Alzheimer's Disease and Related Dementias Special Care Disclosure Act and in substantial compliance with Section 150 of this Act.In addition to any other requirements set forth in this Act, as a condition of licensure under this Act, the director of an establishment must participate in at least 20 hours of training every 2 years to assist him or her in better meeting the needs of the residents of the establishment and managing
 the operation of the establishment.Any license issued by the Director shall state the physical location of the
establishment, the date the license was issued, and the expiration date.  All
licenses shall be valid for one year, except as provided in Sections 40 and 45.  Each
license shall be issued only for the premises and persons named in the
application, and shall not be transferable or assignable.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.) (210 ILCS 9/40)Sec. 40. Probationary licenses. If the applicant has not been
previously licensed under this
Act or if the establishment is not in operation at the time the application is
made and if the Department determines that the applicant meets the licensure requirements of this Act, the Department
shall
						
						issue a probationary license.  A probationary license shall be valid for
120 days unless
sooner suspended or revoked.  Within 30 days prior to the termination of a
probationary license,
the Department shall fully and completely review the establishment and, if the
establishment
meets the applicable requirements for licensure, shall issue a license.  If the
Department finds
that the establishment does not meet the requirements for licensure, but has
made substantial
progress toward meeting those requirements, the license may be renewed once for
a period not to
exceed 120 days from the expiration date of the initial probationary license.
					(Source: P.A. 93-1003, eff. 8-23-04.) (210 ILCS 9/45)Sec. 45. Renewal of licenses. At least 120 days, but not more than 150
days prior to license
expiration, the licensee shall submit an application for renewal of the license
in such form
and containing such information as the Department requires.  If the application
is approved, and if the licensee (i) has not committed a Type 1 violation in the preceding 24 months, (ii) has not committed a Type 2 violation in the preceding 24 months, (iii) has not had an inspection, review, or evaluation that resulted in a finding of 10 or more Type 3 violations in the preceding 24 months, and (iv) has not admitted or retained a resident in violation of Section 75 of this Act in the preceding 24 months, the Department may renew the license for an additional period of 2 years at the request of the licensee. If a licensee whose license has been renewed for 2 years under this Section subsequently fails to meet any of the conditions set forth in items (i), (ii), and (iii), then, in addition to any other sanctions that the Department may impose under this Act, the Department shall revoke the 2-year license and replace it with a one-year license until the licensee again meets all of the conditions set forth in items (i), (ii), and (iii). If appropriate,
the renewal
application shall not be approved unless the applicant has provided to the
Department an
accurate disclosure document in accordance with the Alzheimer's Disease and Related Dementias Special Care
Disclosure
Act.  If the application for renewal is not timely filed, the Department shall
so inform the
licensee.
(Source: P.A. 96-990, eff. 7-2-10; 96-1275, eff. 7-26-10; 97-333, eff. 8-12-11.) (210 ILCS 9/50)Sec. 50. 
		Transfer of ownership.(a) Whenever ownership of an establishment is transferred from the person
named in the license
to any other person, the transferee must obtain a new probationary license.
The transferee shall
notify the Department of the transfer and apply for a new license at least 30
days prior to final
transfer.(b) The transferor shall notify the Department at least 30 days prior to
final transfer.  The
transferor shall remain responsible for the operation of the establishment
until such time as a
license is issued to the transferee.
		(Source: P.A. 91-656, eff. 1-1-01.) (210 ILCS 9/55)Sec. 55. Grounds for denial of a license. 
An application for a license may be denied for any of the following reasons:(1) failure to meet any of the standards set forth in     this Act or by rules adopted by the Department under this Act;(2) conviction of the applicant, or if the applicant     is a firm, partnership, or association, of any of its members, or if a corporation, the conviction of the corporation or any of its officers or stockholders, or of the person designated to manage or supervise the establishment, of a felony or of 2 or more misdemeanors involving moral turpitude during the previous 5 years as shown by a certified copy of the record of the court of conviction;(3) personnel insufficient in number or unqualified     by training or experience to properly care for the residents;(4) insufficient financial or other resources to     operate and conduct the establishment in accordance with standards adopted by the Department under this Act;(5) revocation of a license during the previous 5     years, if such prior license was issued to the individual applicant, a controlling owner or controlling combination of owners of the applicant; or any affiliate of the individual applicant or controlling owner of the applicant and such individual applicant, controlling owner of the applicant or affiliate of the applicant was a controlling owner of the prior license; provided, however, that the denial of an application for a license pursuant to this Section must be supported by evidence that the prior revocation renders the applicant unqualified or incapable of meeting or maintaining an establishment in accordance with the standards and rules adopted by the Department under this Act; or(6) the establishment is not under the direct     supervision of a full-time director, as defined by rule.The Department shall deny an application for a license if 6 months after submitting its initial application the applicant has not provided the Department with all of the information required for review and approval or the applicant is not actively pursuing the processing of its application.  In addition, the Department shall determine whether the applicant has violated any provision of the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.) (210 ILCS 9/60)Sec. 60. 
		Notice of denial; request for hearing; hearing.(a) Immediately upon the denial of any application or reapplication for a
license under this
Act, the Department shall notify the applicant in writing.  Notice of
denial shall include a
clear and concise statement of the violations of this Act on which the denial
is based and
notice of the opportunity for a hearing.  If the applicant or licensee wishes
to contest the
denial of a license, it shall provide written notice to the Department of a
request for a hearing
within 10 days after receipt of the notice of denial.  The Department shall
commence a
hearing under this Section.(b) A request for a hearing by aggrieved persons shall be taken to the
Department as follows:(1) Upon the receipt of a request in writing for a     hearing, the Director or a person designated in writing by the Director to act as a hearing officer shall conduct a hearing to review the decision.(2) Before the hearing is held notice of the hearing     shall be sent by the Department to the person making the request for the hearing and to the person making the decision which is being reviewed.  In the notice the Department shall specify the date, time, and place of the hearing, which shall be held not less than 10 days after the notice is mailed or delivered.  The notice shall designate the decision being reviewed. The notice may be served by delivering it personally to the parties or their representatives or by mailing it by certified mail to the parties' addresses.(3) The Department shall commence the hearing within     30 days after the receipt of request for hearing.  The hearing shall proceed as expeditiously as practicable, but in all cases shall conclude within 90 days after commencement.(c) The Director or hearing officer shall permit any party to appear in
person and to be
represented by counsel at the hearing, at which time the applicant or licensee
shall be
afforded an opportunity to present all relevant matter in support of his or her
position.  In the
event of the inability of any party or the Department to procure the attendance
of witnesses to
give testimony or produce books and papers, any party or the Department may
take the
deposition of witnesses in accordance with the provisions of the laws of this
State.  All
testimony shall be reduced to writing, and all testimony and other
evidence introduced
at the hearing shall be a part of the record of the hearing.(d) The Director or hearing officer shall make findings of fact in the
hearing, and the Director
shall render his or her decision within 30 days after the termination of the
hearing, unless
additional time not to exceed 90 days is required by him or her for a proper
disposition of the
matter.  When the hearing has been conducted by a hearing officer, the Director
shall review
the record and findings of fact before rendering a decision.  All decisions
rendered by the
Director shall be binding upon and complied with by the Department, the
establishment, or
the persons involved in the hearing, as appropriate to each case.
		(Source: P.A. 91-656, eff. 1-1-01.) (210 ILCS 9/65)Sec. 65. 
		Revocation, suspension, or refusal to renew license.(a) The Department, after notice to the applicant or licensee, may
suspend,
revoke, or refuse
to renew a license in any case in which the Department finds any of the
following:(1) that there has been a substantial failure to     comply with this Act or the rules promulgated by the Department under this Act;(2) that there has been a conviction of the licensee,     or of the person designated to manage or supervise the establishment, of a felony or of 2 or more misdemeanors involving moral turpitude during the previous 5 years as shown by a certified copy of the record of the court of conviction;(3) that the personnel is insufficient in number or     unqualified by training or experience to properly care for the number and type of residents served by the establishment;(4) that the financial or other resources are     insufficient to conduct and operate the establishment in accordance with standards promulgated by the Department under this Act; or(5) that the establishment is not under the direct     supervision of a full-time director, as defined by rule.(b) Notice under this Section shall include a clear and concise statement of
the violations on
which the nonrenewal or revocation is based, the statute or rule violated, and
notice of the
opportunity for a hearing under Section 60.(c) If an establishment desires to contest the nonrenewal or revocation of a
license, the
establishment shall, within 10 days after receipt of notice under subsection
(b) of this Section,
notify the Department in writing of its request  for a hearing under Section
60.  Upon receipt of
the request the Department shall send notice to the establishment and hold a
hearing as provided
under Section 60.(d) The effective date of nonrenewal or revocation of a license by the
Department shall be
any of the following:(1) until otherwise ordered by the circuit court,     revocation is effective on the date set by the Department in the notice of revocation, or upon final action after hearing under Section 60, whichever is later;(2) until otherwise ordered by the circuit court,     nonrenewal is effective on the date of expiration of any existing license, or upon final action after hearing under Section 60, whichever is later;  however, a license shall not be deemed to have expired if the Department fails to timely respond to a timely request for renewal under this Act or for a hearing to contest nonrenewal; or(3) the Department may extend the effective date of     license revocation or expiration in any case in order to permit orderly removal and relocation of residents.(e) The Department may refuse to issue or may suspend the license of any
person who fails
to file a return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final
assessment of tax, penalty or interest, as required by any tax Act
administered by the Illinois
Department of Revenue, until such time as the requirements of any such tax Act
are satisfied.
		(Source: P.A. 91-656, eff. 1-1-01.) (210 ILCS 9/70)Sec. 70. Service requirements. An
establishment must
provide all mandatory services and may provide optional services, including
medication reminders, supervision of self-administered medication and
medication administration as
defined by this Section
and nonmedical services defined by rule, whether provided directly by the
establishment or by another
entity arranged for by the establishment with the consent of the resident or
the resident's
representative.For the purposes of this Section, "medication reminders" means reminding
residents to take pre-dispensed, self-administered medication, observing the
resident, and documenting whether or not the resident took the medication.For the purposes of this Section, "supervision of self-administered
medication" means assisting the resident with self-administered medication
using any combination of the following: reminding residents to take medication,
reading the medication label to residents, checking the self-administered
medication dosage against the label of the medication, confirming that
residents have obtained and are taking the dosage as prescribed, and
documenting in writing that the resident has taken (or refused to take) the
medication.  If residents are physically unable to open the container, the
container may be opened for them.  Supervision of self-administered medication
shall be under the direction of a licensed health care professional.For the purposes of this Section, "medication administration" refers to a
licensed health care professional employed by an establishment engaging in
administering insulin and vitamin B-12 injections,
oral medications,
topical treatments, eye and ear drops, or
nitroglycerin patches.
Non-licensed staff may not administer any medication.The Department shall specify by rule procedures for medication reminders,
supervision of self-administered medication, and medication administration.Nothing in this Act shall preclude a physician licensed under the Medical Practice Act of 1987 from providing services within the scope of his or her license to any resident.
(Source: P.A. 96-353, eff. 8-13-09.) (210 ILCS 9/75)Sec. 75. Residency Requirements.(a) No individual shall be accepted for residency or remain in residence if
the
establishment cannot provide or secure appropriate
services, if the individual
requires a level of service or type of service for which the establishment is
not licensed or
which the establishment does not provide, or if the establishment does not have
the staff
appropriate in numbers and with appropriate skill to provide such services.(b) Only adults may be accepted for residency.(c) A person shall not be accepted for residency if:(1) the person poses a serious threat to himself or     herself or to others;(2) the person is not able to communicate his or her     needs and no resident representative residing in the establishment, and with a prior relationship to the person, has been appointed to direct the provision of services;(3) the person requires total assistance with 2 or     more activities of daily living;(4) the person requires the assistance of more than     one paid caregiver at any given time with an activity of daily living;(5) the person requires more than  minimal assistance     in moving to a safe area in an emergency;(6) the person has a severe mental illness, which for     the purposes of this Section means a condition that is characterized by the presence of a major mental disorder as classified in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV) (American Psychiatric Association, 1994), where the individual is a person with a substantial disability due to mental illness in the areas of self-maintenance, social functioning, activities of community living and work skills, and the disability specified is expected to be present for a period of not less than one year, but does not mean  Alzheimer's disease and other forms of dementia based on organic or physical disorders;(7) the person requires intravenous therapy or     intravenous feedings unless self-administered or administered by a qualified, licensed health care professional;(8) the person requires gastrostomy feedings unless     self-administered  or administered by a licensed health care professional;(9) the person requires insertion, sterile     irrigation, and replacement of catheter, except for routine maintenance of  urinary catheters,  unless the catheter care is self-administered or administered by a licensed health care professional;(10) the person requires sterile wound care unless     care is self-administered or administered by a licensed health care professional;(11) the person requires sliding scale insulin     administration unless self-performed or administered by a licensed health care professional;(12) the person is a diabetic requiring routine     insulin injections unless the injections are self-administered or administered by a licensed health care professional;(13) the person requires treatment of stage 3 or     stage 4 decubitus ulcers or exfoliative dermatitis;(14) the person requires 5 or more skilled nursing     visits per week for conditions other than those listed in items (13) and (15) of this subsection for a period of  3 consecutive weeks or more except when the course of treatment is expected to extend beyond a 3 week period for rehabilitative purposes and is certified as temporary by a physician; or(15) other reasons prescribed by the Department by     rule.(d) A resident with a condition listed in items (1) through  (15)  of
subsection (c) shall have
his or her residency terminated.(e) Residency shall be terminated when services available to the resident
in
the establishment
are no longer adequate to meet the needs of the resident. This  provision shall
not
be interpreted as
limiting the authority of the Department to require the  residency termination
of individuals.(f) Subsection (d) of this Section shall not apply to
terminally
ill residents who
receive or would qualify for hospice care and such care is coordinated by
a hospice program licensed
under the Hospice
Program
Licensing Act  or other licensed health care professional employed by a
licensed home health
agency and the establishment and all parties agree to  the continued residency.(g) Items (3), (4), (5), and (9) of subsection (c) shall not apply to
a quadriplegic, paraplegic, or
individual with neuro-muscular diseases, such as muscular dystrophy and
multiple
sclerosis, or other chronic diseases and conditions as defined by rule if the
individual is able
to communicate his or her needs and does not require assistance with complex
medical
problems, and the establishment is able to accommodate the individual's needs.
The Department shall prescribe rules pursuant to this Section that address
special safety and service needs of these individuals.(h) For the purposes of items (7) through (10) of subsection (c), a
licensed health care professional may not
be employed by the owner or operator of the establishment, its parent entity,
or any other entity with ownership common to either the owner or operator of
the establishment or parent entity, including but not limited to an affiliate
of the owner or operator of the establishment.  Nothing in this Section is
meant to limit a resident's right to
choose his or her health care provider.(i) Subsection (h) is not applicable to residents admitted to an assisted living establishment under a life care contract as defined in the Life Care Facilities Act if the life care facility has both an assisted living establishment and a skilled nursing facility. A licensed health care professional providing health-related or supportive services at a life care assisted living or shared housing establishment must be employed by an entity licensed by the Department under the Nursing Home Care Act or the Home Health, Home Services, and Home Nursing Agency Licensing Act.
(Source: P.A. 99-143, eff. 7-27-15.) (210 ILCS 9/76)Sec. 76. Vaccinations.(a) Before a prospective resident's admission to an
assisted living establishment or shared housing establishment that does not provide medication administration as an optional service, the
establishment shall advise the prospective resident to consult a
physician to determine whether the prospective resident should obtain a
vaccination against pneumococcal pneumonia or influenza, or both.(b) An assisted living establishment or shared housing establishment that provides medication administration as an optional service shall annually administer or arrange for administration of a vaccination against influenza to
each
resident, in accordance with the recommendations of the Advisory Committee on
Immunization Practices of the Centers for Disease Control and Prevention that
are most
recent to the time of vaccination, unless the vaccination is medically
contraindicated or
the resident has refused the vaccine. Influenza vaccinations for all residents
age 65 or
over shall be completed by November 30 of each year or as soon as practicable
if vaccine
supplies are not available before November 1. Residents admitted after November
30,
during the flu season, and until February 1 shall, as medically appropriate,
receive an influenza vaccination prior to or upon admission or as soon as
practicable if vaccine
supplies are not available at the time of the admission, unless the vaccine is
medically
contraindicated or the resident has refused the vaccine. In the event that the
Advisory
Committee on Immunization Practices of the Centers for Disease Control and
Prevention
determines that dates of administration other than those stated in this Section are
optimal to
protect the health of residents, the Department is authorized to adopt rules
to require
vaccinations at those times rather than the times stated in this Section. An establishment shall document in the resident's medication record that an annual
vaccination against influenza
was administered, arranged, refused, or medically contraindicated.An assisted living establishment or shared housing establishment that provides medication administration as an optional service shall administer or arrange for administration of a pneumococcal
vaccination to each resident who is age 65 or over, in accordance with the
recommendations of the Advisory Committee on Immunization Practices of the
Centers
for Disease Control and Prevention, who has not received this immunization
prior to or
upon admission to the establishment, unless the resident refuses the offer for
vaccination or the
vaccination is medically contraindicated. An establishment shall document in each
resident's
medication record that a vaccination against pneumococcal pneumonia was offered
and administered, arranged, refused, or medically contraindicated.

					(Source: P.A. 93-1003, eff. 8-23-04; 94-429, eff. 8-2-05.) (210 ILCS 9/77)(Text of Section from P.A. 102-1007)Sec. 77. Establishment employee assistance programs.  An establishment shall ensure that licensed health care professionals employed by the establishment are aware of employee assistance programs or other like programs available for the physical and mental well-being of the employee.  The establishment shall provide information on these programs, no less than at the time of employment and during any benefit open enrollment period, by an information form about the respective programs that a licensed health care professional must sign during onboarding at the establishment.  The signed information form shall be added to the licensed health care professional's personnel file.  The establishment may provide this information to licensed health care professionals electronically. 
(Source: P.A. 102-1007, eff. 1-1-23.)(Text of Section from P.A. 102-1037)Sec. 77. Certified nursing assistant interns.(a) A certified nursing assistant intern shall report to an establishment's charge nurse or nursing supervisor and may only be assigned duties authorized in Section 2310-434 of the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois by a supervising nurse.(b) An establishment shall notify its certified and licensed staff members, in writing, that a certified nursing assistant intern may only provide the services and perform the procedures permitted under Section 2310-434 of the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois. The notification shall detail which duties may be delegated to a certified nursing assistant intern. The establishment shall establish a policy describing the authorized duties, supervision, and evaluation of certified nursing assistant interns available upon request of the Department and any surveyor.(c) If an establishment learns that a certified nursing assistant intern is performing work outside the scope of the Certified Nursing Assistant Intern Program's training, the establishment shall:(1) stop the certified nursing assistant intern from     performing the work;(2) inspect the work and correct mistakes, if the     work performed was done improperly;(3) assign the work to the appropriate personnel; and(4) ensure that a thorough assessment of any resident     involved in the work performed is completed by a registered nurse.(d) An establishment that employs a certified nursing assistant intern in violation of this Section shall be subject to civil penalties or fines under subsection (a) of Section 135. 
(Source: P.A. 102-1037, eff. 6-2-22.) (210 ILCS 9/80)Sec. 80. 
		Involuntary termination of residency.(a) Residency shall be involuntarily terminated only
for the following reasons:(1) as provided  in Section 75 of this Act;(2) nonpayment of  contracted charges after  the     resident and the resident's representative have  received a minimum of 30-days written notice of the delinquency and the resident or the resident's representative has had at  least 15 days to cure the delinquency; or(3) failure to execute a service delivery contract or     to substantially comply with its terms and conditions, failure to comply with the assessment requirements contained in Section 15, or failure to substantially comply with the terms and conditions of the lease agreement.(b) A 30 day written notice of residency termination shall be provided to
the resident, the resident's representative, or both, and the long term care
ombudsman, which shall include the reason for the pending action, the date of
the proposed move, and a notice,
the content and form to be set forth by rule, of the resident's right to
appeal, the steps that the resident or the resident's representative must take
to
initiate an appeal, and a statement of the resident's right to continue to
reside in the establishment until a decision is rendered.  The notice shall
include a toll free telephone number to initiate an appeal and a written
hearing request form, together with a postage paid, pre-addressed envelope to
the Department.  If the resident or the resident's representative, if any,
cannot read English, the notice must be provided in a language the individual
receiving the notice can read or the establishment must provide a translator
who
has been trained to assist the resident or the resident's representative in the
appeal process.  In emergency situations as defined in Section 10 of this Act,
the 30-day provision of the written notice may be waived.(c) The establishment shall attempt to resolve with the resident or the
resident's representative, if any, circumstances that if not remedied have the
potential of resulting in an involuntary termination of residency and shall
document those efforts in the resident's file.  This action may occur prior to
or during the 30 day notice period, but must
occur prior to the termination of the residency.  In emergency situations as
defined in Section 10 of this Act, the
requirements of this subsection may be waived.(d) A request for a hearing shall stay an involuntary termination of
residency until a decision has been rendered by the Department, according to a
process adopted by rule.  During this time period, the establishment may not
terminate or reduce any service for the purpose of making it more difficult or
impossible for the resident to remain in the establishment.(e) The establishment shall offer the resident and the resident's
representative, if any, residency termination and relocation assistance
including information on available alternative placement.  Residents shall be
involved in planning the move and shall choose among the available alternative
placements except when an emergency situation makes prior resident involvement
impossible.  Emergency placements are deemed temporary until the resident's
input can be sought in the final placement decision.  No resident shall be
forced to remain in a temporary or permanent placement.(f) The Department may offer assistance to the establishment and the
resident in the preparation of residency termination and relocation plans to
assure safe and orderly transition and to protect the resident's health,
safety, welfare, and rights.  In nonemergencies, and where possible in
emergencies, the transition plan shall be designed and implemented in advance
of transfer or residency termination.
		(Source: P.A. 91-656, eff. 1-1-01.) (210 ILCS 9/85)Sec. 85. 
		Contract requirements. 
		No entity may establish, operate,
conduct, or maintain an
establishment in this State unless a written
service delivery
contract is executed between the establishment and each resident or resident's
representative in
accordance with Section 90 and unless the establishment operates in accordance
with the terms
of the contract. The resident or the resident's representative shall be given a
complete copy of the
contract and all supporting documents and attachments and any changes whenever
changes are
made.  If the resident does not understand English and if translated documents
are not available,
the establishment must explain its policies to a responsible relative or friend
or another
individual who has agreed to communicate the information to the resident.
		(Source: P.A. 91-656, eff. 1-1-01.) (210 ILCS 9/90)Sec. 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 statement listing the rights specified in     Section 95 and acknowledging 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. 					(Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.) (210 ILCS 9/95)Sec. 95. 
		Resident rights. 
		No resident shall be deprived of any rights,
benefits, or privileges guaranteed by law, the Constitution of the State of
Illinois, or the Constitution of the United States solely on account of his or
her status as a resident of an establishment, nor shall a resident forfeit any
of the following rights:(1) the right to retain and use personal  property     and a place to store personal items that is  locked and secure;(2) the right to refuse services and to be advised of     the consequences of that refusal;(3) the right to respect for bodily privacy and     dignity at all times, especially during care and  treatment;(4) the right to the free exercise of religion;(5) the right to privacy with regard to mail, phone     calls, and visitors;(6) the right to uncensored access to the  State     Ombudsman or his or her designee;(7) the right to be free of retaliation for     criticizing the establishment or making complaints to appropriate agencies;(8) the right to be free of chemical and physical     restraints;(9) the right to be free of abuse or neglect or to     refuse to perform labor;(10) the right to confidentiality of the resident's     medical records;(11) the right of access and the right to copy the     resident's personal files maintained by the establishment;(12) the right to 24 hours access to the     establishment;(13) the right to a minimum of 90-days notice of  a     planned establishment closure;(14) the right to a minimum of 30-days notice of an     involuntary residency termination, except where the resident poses a threat to himself or others, or in other emergency situations, and the right to appeal such termination; and(15) the right to a 30-day notice of delinquency and     at least 15 days right to cure delinquency.		(Source: P.A. 91-656, eff. 1-1-01.) (210 ILCS 9/97)Sec. 97. Unlawful discrimination. No resident shall be subjected to unlawful discrimination as defined in Section 1-103 of the Illinois Human Rights Act by any owner, licensee, administrator, employee, or agent of an assisted living establishment. Unlawful discrimination does not include an action by any owner, licensee, administrator, employee, or agent of an assisted living establishment that is required by this Act or rules adopted under this Act.
(Source: P.A. 101-325, eff. 8-9-19.) (210 ILCS 9/100)Sec. 100. 
		Notice of closure. 
		An owner of an establishment licensed under this Act shall give 90 days
notice prior to
voluntarily closing the establishment or prior to closing any part of the
establishment if closing
the part will require residency termination.  The notice shall be given to
the Department, to
any resident who must have their residency terminated, the resident's
representative, and to a
member of the resident's family, where practicable.  The notice shall state the
proposed date of
closing and the reason for closing.  The establishment shall offer to assist
the resident in securing
an alternative placement and shall advise the resident on available
alternatives.  Where the
resident is unable to choose an alternative placement and is not under
guardianship, the
Department shall be notified of the need for relocation assistance.  The
establishment shall
comply with all applicable laws and rules until the date of closing, including
those related
to residency termination.
		(Source: P.A. 91-656, eff. 1-1-01.) (210 ILCS 9/105)Sec. 105. 
		Record retention. 
		Service delivery contracts and related
documents executed by
each resident or resident's representative shall be maintained by an
establishment subject to this
Act from the date of execution until 3 years after the contract is terminated.
The establishment
shall also maintain and retain records to support compliance with each
individual contract  and
with applicable federal and State rules.  The records and supporting
documents, as defined by rule,
shall be made available for  on-site inspection
by the Department
upon request at any time.
		(Source: P.A. 91-656, eff. 1-1-01.) (210 ILCS 9/110)Sec. 110. Powers and duties of the Department.(a) The Department shall conduct an annual unannounced on-site visit  at
each
assisted living and shared
housing establishment to determine compliance with applicable licensure
requirements and
standards. Additional visits  may be conducted without prior notice to the
assisted living
or shared housing
establishment.(b) Upon receipt of information that may indicate the  failure of the
assisted living or shared housing
establishment or a service provider to comply with a  provision of this Act,
the Department shall
investigate the matter or make appropriate referrals to other government
agencies and entities having
jurisdiction over the subject matter of the possible violation. The Department
may also  make
referrals to any public or private agency that the  Department considers
available for appropriate
assistance to  those involved. The Department may oversee and coordinate the
enforcement of State
consumer protection policies affecting residents residing in an establishment
licensed under this  Act.(c) The Department shall establish by rule complaint  receipt,
investigation,
 resolution, and involuntary
residency termination procedures.  Resolution procedures shall provide for
on-site review and
evaluation of an assisted living or shared housing  establishment found to be
in violation of this Act
within a specified period of time based on the gravity and severity of  the
violation and any pervasive
pattern of occurrences of the  same or similar violations.(d) (Blank).(e) The Department shall by rule establish penalties and sanctions, which
shall include, but need not be limited to,
the creation of a schedule of graduated penalties and sanctions to include
closure.(f) The Department shall by rule establish procedures for disclosure of
information to the public, which
shall include, but not be limited to, ownership, licensure status, frequency of
complaints, disposition of
substantiated complaints, and disciplinary actions.(g) (Blank).(h) Beginning January 1, 2000, the Department shall begin drafting rules
necessary for the administration
of this Act.(Source: P.A. 96-975, eff. 7-2-10.) (210 ILCS 9/115)Sec. 115. 
		Reports and access to information. 
		The Department may require periodic reports and shall have access to and may
reproduce or
photocopy at its cost any books, records or other documents maintained by the
establishment to
the extent necessary to carry out this Act and shall not divulge or disclose
the contents of a
resident's record obtained under this Section in violation of this Act.
		(Source: P.A. 91-656, eff. 1-1-01.) (210 ILCS 9/120)Sec. 120. 
		Consent to review. 
		
A licensee or applicant for a license shall be deemed to have given consent to
any authorized
officer, employee, or agent of the Department to enter and review the
establishment in accordance
with this Act, except that entrance to individual rooms shall only be given
with the consent of the
resident or the resident's representative.  Refusal to permit entry or
review shall constitute
grounds for denial, nonrenewal, or revocation of a license.
		(Source: P.A. 91-656, eff. 1-1-01.) (210 ILCS 9/125)Sec. 125. (Repealed).
	 
	 (Source: P.A. 95-628, eff. 9-25-07. Repealed by P.A. 96-975, eff. 7-2-10.) (210 ILCS 9/130)Sec. 130. (Repealed).
		
		
		(Source: P.A. 91-656, eff. 1-1-01. Repealed by P.A. 93-1003, eff. 8-23-04.) (210 ILCS 9/135)Sec. 135. 
		Civil penalties.(a) The Department may assess a civil penalty not to  exceed $5,000 against
any establishment
subject to this Act for violations of this Act. Each day a violation continues
shall be deemed a separate
violation.(b) Beginning 180 days after the adoption of rules  under this Act, the
Department may
assess  a civil penalty not to exceed $3,000 against any  establishment
subject to this Act
for caring for a resident who exceeds the care needs defined in this Act.  Each
day a violation continues shall
be deemed a separate violation.(c) The Department is authorized to hold hearings in  contested cases
regarding appeals of the
penalties assessed  pursuant to this Section.
		(Source: P.A. 91-656, eff. 1-1-01.) (210 ILCS 9/140)Sec. 140. State and private funding. Nothing in this  Act shall:(1) require or authorize the State agency responsible      for the administration of the medical assistance program  established under Article V and Article VI of the Illinois Public Aid Code to approve, supply, or cover services provided in an assisted living or shared housing establishment, with the exception of licensed facilities that participate in the Department on Aging's Comprehensive Care in Residential Settings Demonstration Project, which may be covered under provisions of the Illinois Public Aid Code;(2) require an agency or a managed care organization      to approve, supply, or cover services provided in an assisted  living or shared housing establishment; or(3) require any other third party payer to approve,      supply or cover medically necessary home care services  provided in an assisted living establishment. 					(Source: P.A. 93-775, eff. 1-1-05.) (210 ILCS 9/145)Sec. 145. Conversion of facilities. Entities licensed as
facilities
under the  Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act may elect to convert
to a license under this Act.  Any facility that
chooses to convert, in whole or in part, shall follow the requirements in the
Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, as applicable, and rules promulgated under those Acts regarding voluntary
closure and notice to residents.  Any conversion of existing beds licensed
under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act to licensure under this Act is exempt from
review by the Health Facilities and Services Review Board.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.) (210 ILCS 9/150)Sec. 150. Alzheimer and dementia programs.(a) In addition to this Section, Alzheimer and
dementia programs
shall comply with all of the other
provisions of this Act.(b) No person shall be admitted or retained if the assisted living
or shared housing
establishment cannot provide or secure appropriate care, if the resident
requires a
level of service or
type of service for which the establishment is not licensed or which the
establishment does
not provide, or if the establishment does not have the staff appropriate in
numbers and with
appropriate skill to provide such services.(c) No person shall be accepted for residency or remain in residence if the
person's mental or physical condition has so deteriorated to render residency
in such a program to be detrimental to the health, welfare or safety of the
person or of other residents of the establishment.  The Department by rule
shall identify a validated dementia-specific
standard
with
inter-rater reliability
that will be used to assess individual
residents.
The assessment must be approved by the resident's physician and shall occur
prior to acceptance for residency, annually, and at such time that a change in
the resident's condition is identified by a family member, staff of the
establishment, or the resident's physician.(d) No person shall be accepted for residency or remain in residence if the
person is dangerous to self or others and the establishment would be unable to
eliminate the danger through the use of appropriate treatment modalities.(e) No person shall be accepted for residency or remain in residence if the
person meets the criteria provided in subsections (b) through (g) of Section 75
of this Act.(f) An establishment that offers to provide a special program or unit for
persons with
Alzheimer's disease and related disorders shall:(1) disclose to the Department and to a potential or     actual resident of the establishment information as specified under the Alzheimer's Disease and Related Dementias Special Care Disclosure Act;(2) ensure that a resident's representative is     designated for the resident;(3) develop and implement policies and procedures     that ensure the continued safety of all residents in the establishment including, but not limited to, those who:(A) may wander; and(B) may need supervision and assistance when         evacuating the building in an emergency;(4) provide coordination of communications with each     resident, resident's representative, relatives and other persons identified in the resident's service plan;(5) provide cognitive stimulation and activities to     maximize functioning;(6) provide an appropriate number of staff for its     resident population, as established by rule;(7) require the director or administrator and direct     care staff to complete sufficient comprehensive and ongoing dementia and cognitive deficit training, the content of which shall be established by rule; and(8) develop emergency procedures and staffing     patterns to respond to the needs of residents.(Source: P.A. 96-990, eff. 7-2-10.) (210 ILCS 9/155)Sec. 155. 
		Application of Act. 
		An establishment  licensed under this
Act shall obtain and
maintain all other  licenses, permits, certificates, and other governmental
approvals required of
it, except that a licensed assisted  living or shared housing establishment is
exempt from the
provisions of the Illinois Health Facilities Planning Act.  An establishment
licensed under this Act shall comply with the requirements of
all local, State,
federal, and other applicable laws, rules, and ordinances and the National
Fire Protection
Association's Life Safety Code.
		(Source: P.A. 91-656, eff. 1-1-01.) (210 ILCS 9/160)Sec. 160. Assisted Living and Shared Housing Regulatory Fund. There is
created in the
State treasury a special fund to be known as the Assisted Living and Shared
Housing Regulatory
Fund. All moneys received by the Department under this Act and the Board and Care Home Act shall be deposited
into the Fund.
Subject to appropriation, moneys in the Fund shall be used for the
administration of this Act and the Board and Care Home Act.
Interest earned on moneys in the Fund shall be deposited into the Fund. 
					(Source: P.A. 94-21, eff. 1-1-06; 95-651, eff. 10-11-07.) (210 ILCS 9/165)Sec. 165. 
		Severability. 
		The provisions of this Act  are severable under
Section 1.31 of the
Statute on Statutes.
		(Source: P.A. 91-656, eff. 1-1-01.) (210 ILCS 9/189)Sec. 189. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 91-656, eff. 1-1-01; text omitted.) (210 ILCS 9/191)Sec. 191. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 91-656, eff. 1-1-01; text omitted.) (210 ILCS 9/192)Sec. 192. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 91-656, eff. 1-1-01; text omitted.) (210 ILCS 9/193)Sec. 193. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 91-656, eff. 1-1-01; text omitted.) (210 ILCS 9/194)Sec. 194. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 91-656, eff. 1-1-01; text omitted.) (210 ILCS 9/195)Sec. 195. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 91-656, eff. 1-1-01; text omitted.) (210 ILCS 9/196)Sec. 196. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 91-656, eff. 1-1-01; text omitted.) (210 ILCS 9/197)Sec. 197. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 91-656, eff. 1-1-01; text omitted.) (210 ILCS 9/199)Sec. 199. 
		Effective date. 
		This Act takes effect on January 1, 2001.
		(Source: P.A. 91-656, eff. 1-1-01.)
(210 ILCS 90/0.01) (from Ch. 111 1/2, par. 157-10)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
X-Ray Retention Act.
		(Source: P.A. 86-1324.) (210 ILCS 90/1) (from Ch. 111 1/2, par. 157-11)Sec. 1. 
		
		Hospitals which produce photographs of the human anatomy by the X-ray or
roentgen process on the request of licensed physicians for use by them in
the diagnosis or treatment of a patient's illness or condition shall retain
such photographs or films as part of their regularly maintained records for
a period of 5 years provided that
retention of said photographs or film
may be by microfilm
or other recognized means of minification that does not adversely affect
their use for diagnostic purposes.
However,
if the hospital has been notified in writing by an attorney at law before
the expiration of the 5 year period that there is a litigation pending in
court involving a particular X-ray or roentgen photograph in their records
as possible evidence, and that the subject person of such photograph is his
client, or is the person who has instituted such litigation against his
client, then the hospital shall keep such photograph or film
or minified copy thereof in its regular
records until notified in writing by the plaintiff's attorney with the
approval thereon of the defendant's attorney of record that the case in
court involving such photograph has been concluded, or for a period of 12
years from the date that the X-ray photograph film was produced, whichever
occurs first in time.  
		(Source: P.A. 79-410.)
(210 ILCS 91/1)Sec. 1. Short title. This Act may be cited as the Caregiver Advise, Record, and Enable Act.
(Source: P.A. 99-222, eff. 1-27-16.) (210 ILCS 91/5)Sec. 5. Definitions.
  As used in this Act:"After care" means clinical assistance to a patient provided by a caregiver in the patient's residence following the patient's discharge from an inpatient hospital stay that is related to the patient's condition at the time of discharge, as determined appropriate by the discharging physician or other health care professional. Clinical assistance may include activities of daily living or medication management."Caregiver" means any individual designated by a patient to provide after care to a patient. A designated caregiver may include, but is not limited to, a relative, spouse, partner, friend, or neighbor."Discharge" means a patient's release from a hospital to the patient's residence following an inpatient admission."Hospital" means a hospital that provides general acute care that is either licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act."Legal representative" means a personal representative having designated legal status, including an agent designated through a power of attorney."Patient" means an individual admitted to a hospital as an inpatient. "Patient" does not include a pediatric patient or a patient who is not capable of designating a caregiver due to a health care condition or other circumstances, as determined by the health care provider."Residence" means a dwelling that the patient considers to be the patient's home. "Residence" does not include a rehabilitation facility, hospital, nursing home, assisted living establishment,  group home licensed by the Department of Public Health or the Department of Human Services, or a State-operated facility.

(Source: P.A. 99-222, eff. 1-27-16.) (210 ILCS 91/10)Sec. 10. Opportunity to designate a caregiver.(a)  A hospital shall provide each patient or, if applicable, the patient's legal representative with an opportunity to designate a caregiver following the patient's admission into the hospital as an inpatient and prior to the patient's discharge to the patient's residence or transfer to another facility.(b) In the event that a patient is unconscious or otherwise incapacitated, the hospital shall provide the patient or the patient's legal representative with an opportunity to designate a caregiver within a  timeframe deemed appropriate by the attending physician or other licensed health care provider.(c) If a patient or legal representative declines to designate a caregiver pursuant to this Act, the hospital shall document this declination in the patient's medical record and has no further responsibilities under this Act.(d) If a patient or the patient's legal representative designates an individual as a caregiver under this Act, the hospital shall record the patient's designation of caregiver, the relationship of the designated caregiver to the patient, and the name, telephone number, and address of the patient's designated caregiver in the patient's medical record.(e) A patient may elect to change his or her designated caregiver at any time, and the hospital must record this change in the patient's medical record and thereafter treat the newly named person as the designated caregiver.(f) A designation of a caregiver by a patient or the patient's legal representative does not obligate any individual to provide any after care for the patient.(g) This Section shall not be construed to require a patient or a patient's legal representative to designate an individual as a caregiver under this Act.

(Source: P.A. 99-222, eff. 1-27-16.) (210 ILCS 91/15)Sec. 15. Notice to designated caregiver. 
 A hospital shall notify a patient's designated caregiver of the patient's discharge or transfer to another hospital or facility licensed by the Department of Public Health as soon as possible prior to the patient's actual discharge or transfer and, in any event, upon issuance of a discharge order by the patient's attending physician, unless the patient indicates he or she does not wish the designated caregiver to be so notified.  In the event the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge or transfer of the patient.

(Source: P.A. 99-222, eff. 1-27-16.) (210 ILCS 91/20)Sec. 20. Instruction to designated caregiver.(a) As soon as possible prior to a patient's discharge from a hospital to the patient's residence, the hospital shall consult with the designated caregiver and issue a discharge plan that describes a patient's after care needs, if any, at the patient's residence.  The consultation and issuance of a discharge plan shall occur on a schedule that takes into consideration the severity of the patient's condition and the urgency of the need for caregiver services.  In the event the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient or an appropriate discharge of the patient. At a minimum, the discharge plan shall include:(1) A description of the after care deemed     appropriate by the discharging physician or other health care professional.(2) Contact information for any health care, clinical     community resources, and long-term services and supports that may be helpful in carrying out the patient's discharge plan, and contact information for an individual designated by the hospital who can respond to questions about the discharge plan.(b) The hospital issuing the discharge plan must make an effort to provide or arrange for the designated caregiver to receive instructions in after care described in the discharge plan. Training and instructions for caregivers may be conducted in person or through video technology. Any training or instructions to a caregiver shall be provided in non-technical language, to the extent possible.  At a minimum, this instruction shall include:(1) A live or recorded demonstration of the tasks     performed by an individual designated by the hospital who is authorized to perform the after care and is able to perform the demonstration in a culturally competent manner, in accordance with the hospital's requirements to provide language access services under State and federal law and in accordance with the hospital's procedures for providing education to patients and family caregivers.(2) An opportunity for the caregiver to ask questions     about the after care.(3) Answers provided in a culturally competent manner     and in accordance with State and federal law.(c) In the event the designated caregiver cannot be reached, is not available, or is not willing to receive the instruction, the lack of contact or instruction shall not interfere with, delay, or otherwise affect an appropriate discharge of the patient.

(Source: P.A. 99-222, eff. 1-27-16.) (210 ILCS 91/25)Sec. 25. Non-interference with health care directives.
Nothing in this Act shall be construed to interfere with the rights of an agent operating under a valid health care directive or valid power of attorney.

(Source: P.A. 99-222, eff. 1-27-16.) (210 ILCS 91/30)Sec. 30. No private right of action.   Nothing in this Act shall be construed to create a private right of action against a hospital, a hospital affiliate, a hospital employee, or a consultant or contractor with whom a hospital has a contractual relationship solely for providing instruction to a designated caregiver, as described in Section 20 of this Act.A hospital, a hospital affiliate, a hospital employee, or a consultant or contractor with whom a hospital has a contractual relationship shall not be held liable, except for willful or wanton misconduct, for services rendered or not rendered by the caregiver to the patient.Nothing in this Act shall delay the discharge of a patient or the transfer of a patient from a hospital to another facility.
(Source: P.A. 99-222, eff. 1-27-16.) (210 ILCS 91/99)Sec. 99. Effective date. This Act takes effect 180 days after becoming law. 
(Source: P.A. 99-222, eff. 1-27-16.)
(210 ILCS 95/1) (from Ch. 111 1/2, par. 761)Sec. 1. 
		
		This Act shall be known and may be cited as the "Campground Licensing and Recreational Area Act."
		(Source: P.A. 84-650.) (210 ILCS 95/2) (from Ch. 111 1/2, par. 762)Sec. 2. 
		As used in this Act, unless the context requires otherwise:(a) "Recreational Area" is any area of land which is designed,
constructed, operated or maintained either free of charge or for revenue
purposes for recreational activities.
The term "Recreational Area" is not meant to include primitive areas
which evidence no major artificial change from the natural surrounding
woodlands, croplands, pasturelands, prairielands, wetlands, or water areas,
and where any recreational activities allowed are not for revenue purposes.(b) "Recreational Activities" include, but are not limited to hunting,
fishing, boating, camping, picnicking, hiking, pleasure
driving, nature study, water skiing, festivals, public gatherings and
visiting historical, archaeological, scenic or scientific sites, or for any
purpose, including but not limited to educational, vocational and religious
activities and assemblies.(c) "Director" means the Director of the Illinois Department of Public Health.(d) "Department" means the Illinois Department of Public Health.(e) "Person" means any individual, group of individuals, association,
trust, partnership, corporation, person doing business under an assumed
name, county, municipality, the State of Illinois, or any political
subdivision or department thereof, or any other entity.(f) "License" means a certificate issued by the Department
allowing a person to operate and maintain a campground under the
provisions of this Act and regulations issued hereunder.(g) "Permit" means a certificate issued by the Department
permitting the construction, alteration and extension of a campground
under the provisions of this Act and the regulations issued hereunder.(h) "Sanitary Station" means a facility used for removing and disposing
of wastes from holding tanks.(i) "Service Building" means a structure housing toilet, lavatory and
such other facilities as may be required by this Act and regulations issued
hereunder.(j) "Recreational Vehicle" means a vehicular-type unit, primarily
designed as temporary living quarters for recreational, camping or travel
use, which either has its own motive power or is mounted on or drawn by
another vehicle.  The basic entities are: travel trailer, camping trailer,
truck camper, motor home and park model home.(k) "Dependent Recreational Vehicle" means one that is dependent upon a
service building for toilet and lavatory facilities.(l) "Self-contained Recreational Vehicle" means one that can operate
independent of connections to sewer, water and electric systems. It
contains a water flush toilet, lavatory, and kitchen sink, all of which are
connected to water storage and sewage holding tanks, located within the
trailer.(m) "Applicant" means any person making application for a license or
permit.(n) "Owner" means the person in whose name legal title to the property
is recorded, unless the property is held in land trust in which case the
owner is the holder of beneficial title.(o) "Licensee" means any individual having a license or permit under
this Act, or any member of a firm, partnership, or association to which the
license is issued under this Act and any corporation having a license under
this Act.(p) "Campground" means a recreational area where 3 or more tents,
cabins, recreational vehicles or other permanent or non-permanent type
shelters are erected and maintained for camping or where space is provided
for camping, temporary parking of recreational vehicles or placing of
such tents, cabins, recreational vehicles or other permanent or
non-permanent type shelters of any kind for 10 or more persons for 6 or
more camping days during a calendar year. It shall include any structure,
tent, vehicle, enclosure, appurtenances or recreational equipment related to
or used or intended for use as a part of such campground and an area upon
which no more than 4 mobile homes are located for permanent habitation as
defined in the Mobile Home and Mobile Home Park Act.(q) "Operator" means the person who has been designated by the owner as
responsible on his behalf for the operation and administration of the premises.(r) "Camping Day" means any 24 hour period or portion thereof during
which the participants remain overnight at the site.(s) "Camping" means the act of resting or establishing temporary shelter
using a tent, cabin, recreational vehicle or other permanent or
non-permanent type shelter erected or placed on an area of land.
		(Source: P.A. 85-959.) (210 ILCS 95/3) (from Ch. 111 1/2, par. 763)Sec. 3. 
		
		It is found that there exists, and may in the future exist,
within the State of Illinois recreational areas and campgrounds which
are sub-standard in important features of safety, cleanliness, or
sanitation. Such conditions adversely affect the public health, safety and
general welfare of persons. Therefore, the purpose of this Act is to
protect, promote, and preserve the public health, safety and general
welfare by providing for the establishment and enforcement of minimum standards
for safety, cleanliness and general sanitation for all recreational areas
and campgrounds now in existence or hereafter constructed or
developed and to provide for inspection of all such
facilities and the licensing of campgrounds.
		(Source: P.A. 84-650.) (210 ILCS 95/4) (from Ch. 111 1/2, par. 764)Sec. 4. 
		
		Any person who constructs, operates, maintains or owns a
recreational area shall comply with the requirements of this Act and the
rules and regulations promulgated hereunder by the Department, and all
recreational areas that are campgrounds shall be licensed in accordance with this Act.After the effective date of this amendatory Act of 1985, it shall
be unlawful for any person to construct,
or make major alterations or extensions of any campground as herein
defined within the State of Illinois unless he holds a valid permit issued
by the Department, which shall be valid for 1 year from date of issue, in
the name of such person for the specific construction, or major alteration
or major extension proposed. The Department shall by rule
define and determine what constitutes major alterations or major extensions.
All applications for permits shall be on forms furnished by the Department
and must be made to the Department accompanied by a permit fee of $100,
except as provided in Section 32 of this Act, which shall not be refundable,
and shall contain the following:(a) Name and address of applicant.(b) Interest of the applicant in the campground.(c) The name and address of all persons holding an interest or having
an interest in the campground.(d) Location and legal description of the campground.(e) Plans and specifications of the proposed campground showing:1. The area and the dimensions of the tract of land;2. The number, location, and size of all camp spaces;3. The location and width of roadways and walkways;4. The location of service buildings, sanitary stations, and any other
proposed structures or facilities;5. The location of water and sewer lines and riser pipes;6. Plans and specifications of water supply, refuse and sewage disposal facilities;7. Plans and specifications of all buildings constructed, or to be constructed
within the campground;8. The location and details of all lighting and electrical systems.(f) The calendar months of the year during which the applicant will operate
the campground.(g) A statement of the fire fighting facilities, public or private, which
are available to the campground.(h) Such other information as may be required by rules adopted by the
Department hereunder.The issuance of a permit does not relieve the applicant of securing
necessary municipal or county building permits or of complying with any
applicable municipal or county zoning or other ordinance.
		(Source: P.A. 84-650.) (210 ILCS 95/5) (from Ch. 111 1/2, par. 765)Sec. 5. 
		
		After the effective date of this amendatory Act of
1985, it shall be unlawful for any person to establish,
maintain, conduct or operate a campground within this State without
first obtaining a license therefor from the Department. Such license shall
expire on February 1 of each year. Application for original licenses shall
be in writing, signed by the applicant, on forms furnished by the
Department, accompanied by an affidavit of the applicant as to the truth of
the application and by the deposit of a license fee of $100, except as
provided in Section 32 of this Act, which shall not be refundable and which
shall be in addition to the permit fee, and shall contain: the name and
address of the applicant, or names and addresses of the partners if the
applicant is a partnership, or the names and addresses of the officers if
the applicant is a corporation or the name and addresses of all persons
having an interest therein if the applicant is a group of individuals,
association, or trust; the location and legal description of the
campground; the site plan of the campground if one is not on
file with the Department, showing all camping spaces, structures, roads,
walkways, sanitation stations, and other service facilities provided
however that nothing in this Act shall apply to farm ponds and areas
adjunct thereto which are adjunct to a farming operation and used only for
fishing and/or picnicking.Licenses shall not be transferable or assignable.
		(Source: P.A. 84-650.) (210 ILCS 95/6) (from Ch. 111 1/2, par. 766)Sec. 6. 
		
		Applications for renewals of licenses shall be made in writing by
the holders of the licenses, on forms furnished by the Department upon request
and shall be accompanied by a license fee of $100, except as provided in
Section 32 of this Act, which shall not be refundable, and shall contain
any change in the information submitted since the original license was
issued or the latest renewal granted. License renewal applications
received by the Department after the expiration date of the existing license
shall be subject to a $50 late fee, except for applications submitted by
units of State and local government.  If the Department is satisfied that
the existing or proposed campground is so located, constructed, and
equipped as to be in compliance with this Act and the rules and regulations
issued hereunder so as not to be a source of danger to the health of others
or to its occupants, the Department shall issue the license.
		(Source: P.A. 85-1261.) (210 ILCS 95/7) (from Ch. 111 1/2, par. 767)Sec. 7. 
		
		If the Department finds that the facilities of any campground for
which a license is sought are not in compliance with the provisions of this
Act and the rules and regulations of the Department relating thereto, but
that such area is habitable without undue prejudice to the occupants and
the public, the Department may issue a conditional license
setting forth the conditions on which the license is issued, the manner in
which the area fails to comply with the Act and such rules and regulations,
and shall set forth the time, not to exceed one year, within which the
applicant must make any changes or corrections necessary in order for such
area to fully comply with the Act and the rules and regulations of the
Department relating thereto. The Department shall not issue 2
consecutive conditional licenses with respect to any one campground.
		(Source: P.A. 84-650.) (210 ILCS 95/8) (from Ch. 111 1/2, par. 768)Sec. 8. 
		
		
		The Department is hereby authorized and directed to make such
inspections as are necessary to determine satisfactory compliance with this
Act and regulations issued hereunder.
		(Source: P.A. 77-1473.) (210 ILCS 95/9) (from Ch. 111 1/2, par. 769)Sec. 9. 
		
		
		The Department shall have the power to enter at reasonable times upon a
private or public property for the purpose of inspecting and investigating
conditions relating to the enforcement of this Act and regulations issued
hereunder.
		(Source: P.A. 77-1473.) (210 ILCS 95/10) (from Ch. 111 1/2, par. 770)Sec. 10. 
		
		The licensee shall maintain a register containing a record of
all recreational vehicles and persons using the campground as may be
required by the Department. The Department and all other law enforcement
officers shall have the power to inspect the register.
		(Source: P.A. 84-650.) (210 ILCS 95/11) (from Ch. 111 1/2, par. 771)Sec. 11. 
		
		It shall be the duty of the owners, licensees and occupants of
recreational areas and campgrounds to give the Department free access
to such premises at all reasonable times for the purpose of inspection.
		(Source: P.A. 84-650.) (210 ILCS 95/12) (from Ch. 111 1/2, par. 772)Sec. 12. 
		
		It shall be the duty of every occupant of a recreational area
or campground to give the owner, operator or licensee thereof
or his agent or employees access to any part of such
area or its premises at reasonable times for the purpose of making such
inspections, repairs, or alterations as are necessary to effect compliance
with this Act and the rules and regulations issued hereunder, or in a
lawful order issued pursuant to the conditions of this Act.
		(Source: P.A. 84-650.) (210 ILCS 95/13) (from Ch. 111 1/2, par. 773)Sec. 13. 
		
		Whenever the Department determines that there are reasonable
grounds to believe that there has been a violation of any provision of this Act or the
rules and regulations issued hereunder, the Department shall give notice of
such alleged violation to the owner, operator, licensee or permit
holder as herein provided. Such notice shall:(a) be in writing;(b) include a statement of the reasons for the issuance of the notice;(c) allow reasonable time as determined by the Department for the
performance of any act it requires;(d) be served upon the owner, licensee or permit holder as the case may
require; provided, that such notice or order shall be deemed to have been
properly served upon such owner, licensee or permit holder when a copy
thereof has been sent by registered or certified mail to his last known
address as furnished to the Department; or, when he has been served with
such notice by any other method authorized by the Laws of this State;(e) contain an outline of remedial action, which, if taken, will be
required to effect compliance with the provisions of this Act and the rules
and regulations issued hereunder.
		(Source: P.A. 84-650.) (210 ILCS 95/14) (from Ch. 111 1/2, par. 774)Sec. 14. 
		
		The Department shall in any proceeding to suspend, revoke or
refuse to issue a permit or license, first serve or cause to be served upon the
owner, applicant, permit holder or licensee a written notice specifying the way
or ways in which such owner, applicant, licensee or permit holder has failed to
comply with this Act, or any rules, regulations or standards promulgated by
the Department pertaining thereto. In the case of a revocation or
suspension, this notice shall require the owner, licensee or permit holder to
remove or abate such violation, insanitary or objectionable condition,
specified in such notice, within 5 days or within a longer period of time as
may be allowed by the Department. If the owner, applicant, licensee or permit
holder fails to comply with the terms and conditions of the notice, within
the time specified or such extended period of time, the Department may
revoke or suspend such permit or license.
		(Source: P.A. 84-650.) (210 ILCS 95/15) (from Ch. 111 1/2, par. 775)Sec. 15. 
		
		Any person refused a permit or license to construct, alter,
extend, develop, or operate a campground or whose permit or license is
suspended or revoked, has a right to a hearing before the Department. A
written notice of a request for such a hearing shall be served on the
Department within 10 days of service of notice of refusal of a permit or
license or suspension or revocation thereof by the Department. The
Department shall give written notice by certified or registered mail to the
owner, operator, licensee, permit holder or applicant, as the case may be,
of such denial, suspension or revocation. The hearing shall be conducted by
the Director, or a Hearing Officer designated in writing by the Director to
conduct the hearing.
		(Source: P.A. 84-650.) (210 ILCS 95/16) (from Ch. 111 1/2, par. 776)Sec. 16. 
		
		
		The Director or Hearing Officer may compel by subpoena or subpoena duces
tecum the attendance and testimony of witnesses and the production of books
and papers and administer oaths to witnesses. The hearing shall be
conducted at such place as designated by the Department. The Director shall
give written notice of the time and place of hearing, by registered or
certified mail, to the owner, operator, licensee, permit holder or
applicant, as the case may be, at least 20 days before such hearing. The
Director or Hearing Officer shall permit the owner, operator, licensee,
permit holder or applicant to appear in person or to be represented by
counsel at the hearing at which time such party shall be afforded an
opportunity to present all relevant matter in support of his application
for permit or license or in resisting the revocation or suspension thereof.
		(Source: P.A. 77-1473.) (210 ILCS 95/17) (from Ch. 111 1/2, par. 777)Sec. 17. 
		
		In the event of the inability of any party, or the Department, to
procure the attendance of witnesses to give testimony or produce books and
papers, such party or the Department may take the deposition of witnesses
in accordance with the laws of this State. All testimony taken at a hearing
shall be reduced to writing, and all such testimony and other evidence
introduced at the hearing shall be a part of the record of the hearing.
		(Source: P.A. 77-1473.) (210 ILCS 95/18) (from Ch. 111 1/2, par. 778)Sec. 18. 
		
		
		The Director shall make findings of fact in such hearing, and the
Director shall render his decision within 30 days after the termination of
the hearing, unless additional time is required by him for a proper
disposition of the matter. When the hearing has been conducted by a Hearing
Officer, the Director shall review the record before rendering a decision.
It shall be the duty of the Director to forward a copy of his decision, by
registered or certified mail, to the owner, operator, licensee, permit
holder or applicant, as the case may be, within 5 days of rendition of such
decision. Technical errors in the proceeding before the Director or Hearing
Officer or their failure to observe the technical rules of evidence shall
not be grounds for the reversal of any administrative decision unless it
appears to the court that such error or failure materially affects the
rights of any party and results in substantial injustice to him.
		(Source: P.A. 77-1473.) (210 ILCS 95/19) (from Ch. 111 1/2, par. 779)Sec. 19. 
		
		All subpoenas issued by the Director or Hearing Officer may be
served as provided for in a civil action. The fees of witnesses for attendance and
travel shall be the same as the fees for witnesses before the circuit court
and shall be paid by the party to such proceeding at whose request the
subpoena is issued. If such subpoena is issued at the request of the
Department, the witness fee shall be paid as an administrative expense.In cases of refusal of a witness to attend or testify, or to produce
books or papers, concerning any matter upon which he might be lawfully
examined, the circuit court of the county where the hearing is held, upon
application of any party to the proceeding, may compel
obedience by proceeding as for contempt.
		(Source: P.A. 83-334.) (210 ILCS 95/20) (from Ch. 111 1/2, par. 780)Sec. 20. 
		
		
		The Department is not required to certify any record or file any answer
or otherwise appear in any proceeding for judicial review unless the party
filing the complaint deposits with the clerk of the court the sum of 95
cents per page representing costs of such certification. Failure on the
part of the plaintiff to make such deposit shall be grounds for dismissal
of the action.
		(Source: P.A. 77-1473.) (210 ILCS 95/21) (from Ch. 111 1/2, par. 781)Sec. 21. 
		
		(a) The Department shall promulgate such rules
and regulations as may be necessary for the proper enforcement of this Act,
to protect the health and safety of the public using such recreational
areas and campgrounds and may, when necessary, utilize the services of any
other State agencies to assist in carrying out the purposes of this Act. These
regulations shall include, but are not limited to, standards relating to
water supply, sewage and solid waste disposal, food service sanitation,
design of buildings, rodent and insect control, water and swimming hazards,
first aid, communicable disease control, safety, cleanliness and
sanitation.(b) The Department may designate
county and multiple-county health departments or municipal boards of health
to make inspections relating to compliance with this Act and the standards
prescribed by the Department. The reports and recommendations of any such
agency shall be in writing and shall state its findings with respect to
compliance or non-compliance with this Act and the regulations. The
Department or the designated agency shall make at least 1 annual inspection
of each campground and inspect any recreational area when deemed necessary.
		(Source: P.A. 91-798, eff. 7-9-00.) (210 ILCS 95/22) (from Ch. 111 1/2, par. 782)Sec. 22. 
		(Repealed). 
		(Source: P.A. 89-445, eff. 2-7-96. Repealed by P.A. 91-798, eff. 7-9-00.) (210 ILCS 95/23) (from Ch. 111 1/2, par. 783)Sec. 23. 
		
		Whenever the Department finds that an emergency exists which
requires immediate action to protect the public health or safety, it may,
without notice or hearing, issue an order reciting the existence of such an
emergency and then require that such action be taken as it may deem
necessary to meet the emergency including the closing of the campground or
recreational area or the suspension or revocation of the permit or license.
Notwithstanding any other provision in this Act such order shall be
effective immediately. The State's Attorney and Sheriff of the county in
which the recreational area or campground is located shall enforce the
closing order after receiving notice thereof. Any owner, operator or
licensee affected by such an order is entitled, upon request, to a hearing
as provided in Section 14 of this Act. When such conditions are abated, in
the opinion of the Department, the Department may authorize reopening the
recreational area or campground.
		(Source: P.A. 84-650.) (210 ILCS 95/24) (from Ch. 111 1/2, par. 784)Sec. 24. 
		
		Any person who violates this Act or any rule or regulation
adopted by the Department, or who violates any determination or order of the
Department under this Act shall be guilty of a Class B misdemeanor. Each
day's violation constitutes a separate offense. The State's Attorney of the
County in which the violation occurred, or the Attorney General shall bring
such actions in the name of the people of the State of Illinois, or may, in
addition to other remedies provided in this Act, bring action for an
injunction to restrain such violation, or to enjoin the operation of any
such recreational area or campground.
		(Source: P.A. 84-650.) (210 ILCS 95/25) (from Ch. 111 1/2, par. 785)Sec. 25. 
		
		Nothing in this Act shall be construed to exclude any developed
state parks of Illinois or the rest areas on state or interstate highways.
Nothing in this Act shall be  construed to impose any additional duty of care
on an owner of land who either directly or indirectly invites or permits
without charge, as defined in the Recreational Use of Land and Water Areas
Act, any person to use such property for recreational purposes.  Except that
the provisions in this Act for applications for permits and licenses, the
provisions for fees for permits and licenses, and the provision for fine
and imprisonment shall not apply to the State of Illinois, to Departments
thereof, or to units of local government. The State of Illinois and
Departments thereof and units of local government shall furnish to the
Department such information as may be requested by the Department as would
otherwise be required for permits and licenses. The terms "campground" and
"recreational area" shall not be construed to include buildings, tents, or
other structures maintained by an individual or company on their own
premises and used exclusively to house their own farm labor, or any military
establishment of the United States or this State wherein a recreational
vehicle or vehicles may be located or harbored, on any park or State or
county fairgrounds for a period during, immediately prior to and
immediately subsequent to the holding of a fair or in association with
events or activities being sponsored on any State or county fairgrounds,
or the area or premises on any farm upon which are
harbored recreational vehicles occupied by persons employed upon such farm
for not to exceed 90 days in any calendar year in the production, harvesting
or processing of agricultural or horticultural products produced on such farm.
		(Source: P.A. 85-959.) (210 ILCS 95/26) (from Ch. 111 1/2, par. 786)Sec. 26. 
		
		The Administrative Review Law, as now or
hereafter amended, and the rules adopted under the Administrative Review
Law apply to and govern all proceedings for judicial review of final
administrative decisions of the Department under this Act. The term
"administrative decision" is defined as in Section 3-101 of the Code
of Civil Procedure.
		(Source: P.A. 82-783.) (210 ILCS 95/26.1) (from Ch. 111 1/2, par. 786.1)Sec. 26.1. 
		
		The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that in
case of conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rule-making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.
		(Source: P.A. 88-45.) (210 ILCS 95/27) (from Ch. 111 1/2, par. 787)Sec. 27. 
		
		
		If any part of this Act is adjudged invalid, such adjudication shall not
affect the validity of the Act as a whole or of any other part.
		(Source: P.A. 77-1473.) (210 ILCS 95/28) (from Ch. 111 1/2, par. 788)Sec. 28. 
		This Act becomes effective January 1, 1972. 
		(Source: P.A. 77-1473.) (210 ILCS 95/30) (from Ch. 111 1/2, par. 790)Sec. 30. 
		
		
		This Act does not apply within the jurisdiction of any home rule unit.
		(Source: P.A. 77-1473.) (210 ILCS 95/31) (from Ch. 111 1/2, par. 791)Sec. 31. 
		
		
		This Act shall not apply to a youth camp, which means a recreational
camp or area where five or more children under 18 years of age are
accommodated apart from their parents, relatives or legal guardians for
five days or more.
		(Source: P.A. 77-1473.) (210 ILCS 95/32) (from Ch. 111 1/2, par. 792)Sec. 32. 
		
		The provisions in this Act for fees shall not apply to an
organization incorporated under the General Not For Profit Corporation Act.
 A copy of the latest annual report filed with the Secretary of State shall
be submitted with the application form annually as evidence of such status.
		(Source: P.A. 84-650.)