2023 Illinois Compiled Statutes › Chapter 210 - HEALTH FACILITIES AND REGULATION › 210 ILCS 46/ - MC/DD Act. › Article I - Short Title, Prior Law, and Definitions

(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.)