reglab/housing_qa huggingface dataset:
210 ILCS 46/3-116
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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 46/3-119.1
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

           PART 2.  GENERAL PROVISIONS    (Source: P.A. 99-180, eff. 7-29-15.)
210 ILCS 46/3-201
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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 46/3-203
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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 46/3-206.01
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 46/ - MC/DD Act.|Article III - Licensing, Enforcement, Violations, Penalties, and Remedies

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.)