reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2610 - Applicability of Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				These standards shall apply to all existing Community Living Facilities and all
				minor alterations or remodeling changes to existing structures that are in
				conformance with construction type and height. See Subpart L for New
				Construction and Major Additions and Alterations.
b) Minor alterations or remodeling changes
				which do not affect the structural integrity of the building, which do not
				change functional operations, which do not affect fire safety, and which do not
				add beds or facilities over those for which the Community Living Facility is
				licensed need not be submitted for drawing approval. A permit from the Illinois
				Health Facilities Planning Board is not required for Community Living
				Facilities.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2620 - Codes and Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) Nothing
				stated herein shall relieve the sponsor from compliance with building codes,
				ordinances and regulations which are enforced by City, County or other local
				jurisdictions.
b) The following
				codes which were effective at the date of approval by the Department of the
				final drawings and specifications or the final inspection of the building
				apply:
1) Illinois State Plumbing Code (77
				Ill. Adm. Code 690) Department of Public Health
2) Accessibility Standards for the
				Handicapped (77 Ill. Adm. Code 400) Capitol Development Board
3) Rules for Fire Prevention and Safety (41
				Ill. Adm. Code 100) Office of State Fire Marshal Division of Fire
				Prevention
4) Rules for Food
				Service Sanitation (77 Ill. Adm. Code 750) Department of Public
				Health
5) State of Illinois Safety
				Glazing Materials Act (Ill. Rev. Stat. 1981 ch. 111 1/2, par. 3101), l97l
				Department of Labor
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2630 - Preparation of Drawings and Specifications

Current through Register Vol. 48, No. 28, July 12, 2024
Drawings and specifications which are prepared for work which
				  is required by these Standards shall be prepared in accordance with Section
				  370.2230
				  of the Construction Standards for New Community Living
				  Facilities.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2640 - Site

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each facility
				shall comply with all applicable zoning ordinance and be located on a
				reasonably flat or rolling, well-drained site that is: not subject to flooding;
				reasonably free from sources of excessive noise, noxious or hazardous smoke or
				fumes. The facility shall not be located in a deteriorated, unpleasant, or
				potentially hazardous area; nor near uncontrolled sources of insect and rodent
				breeding.
b) Each facility shall be
				located in or near a community which can provide the necessary supportive
				services for the facility such as physicians' services, medical facilities,
				public utilities, or other acceptable substitutes; and be located on a
				well-maintained, all-weather road.
c) Each facility shall be located in a
				section of the community conveniently accessible to reach public
				transportation, parks, churches, shopping and other community resources which
				will be beneficial in the residents' training program toward independent
				living.
d) Each facility shall be
				served by a potable water supply with water pressure and volume that is
				acceptable to this Department.
e)
				The distance from the fire station, the accessibility of the facility, and
				capability of the fire department must be approved in writing by the Office of
				the State Fire Marshal.
f) Each
				facility shall have at least one (1) municipal or private fire hydrant, located
				within three hundred (300) feet of the building and satisfactory for use by the
				equipment of the fire department serving the building, or have an acceptable
				equivalent. Additional hydrants may be required if needed to properly protect
				the residents from fire hazards.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2650 - Administration and Public Areas

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Facilities for the physically handicapped (public, staff) shall be provided in
				administration and public areas if these are located within the
				facility.
b) Each facility shall be
				provided with sufficient space for clerical, financial and managerial
				functions.
c) Each facility shall
				be provided with a toilet room with a water closet and lavatory for staff and
				visitors.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2660 - Bedrooms

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each single
				bedroom used for a resident shall have at least seventy (70) square feet of
				usable net floor area, not including any space taken up for closets, wardrobes,
				bathrooms, and clearly definable entryway areas.
b) Each multiple bedroom used for residents
				shall have for each resident housed in the room at least sixty (60) square feet
				of usable floor area. Usable area does not include any space utilized for
				closets, wardrobes, bathrooms, and clearly definable entryway areas. Maximum
				room capacity shall be two (2) residents. There shall be a three (3) foot
				minimum distance between beds.
c)
				Resident bedrooms shall have an entrance directly off an exit corridor or may
				be part of an apartment suite (bedrooms, toilet, living/dining room and
				residential kitchen) having an entrance to an exit corridor.
1) Entrance door to an apartment suite or a
				resident bedroom shall swing into the room.
2) No room that opens into a central kitchen
				or necessitates passing through a central kitchen shall be used as a resident
				bedroom.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2670 - Nurses' Station

Current through Register Vol. 48, No. 28, July 12, 2024
A nurses' station is not a requirement, but provision for
				  twenty-four (24) hour staff supervision shall be provided within each unit.
				  (See Subpart D)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2680 - Bath and Toilet Rooms

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Provide a minimum of one (1) water closet, one (1) lavatory and one (1) bathtub
				or shower for each sex on each floor occupied by residents.
1) Provide bathroom fixtures in the following
				minimum numbers. The number of resident beds shall be used in determining the
				number of bathroom fixtures required, irrespective of the fact that some of the
				beds may not be occupied.
2)
				Provide one (1) lavatory and one (1) water closet for each six (6) resident
				beds on each floor.
3) Provide one
				(1) bathtub or shower for each eight (8) resident beds on each floor, which is
				not otherwise served by bathing facilities adjacent to the resident
				room.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2690 - Living, Dining Room, and Activity Room(s)

Current through Register Vol. 48, No. 28, July 12, 2024
a) These rooms shall be so located that the
				room is not an entrance vestibule from the out-of-doors, nor an obstruction to
				traffic in and out of the facility.
b) Living Room
1) Provide at least one (1) comfortably
				furnished living room on each floor.
2) The minimum floor space for a living room
				shall be eighty (80) square feet. The living room shall have a total window
				area of at least one-tenth
				(1/10) the floor
				area.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2700 - Kitchen

Current through Register Vol. 48, No. 28, July 12, 2024
a) Provide a
				central kitchen or residential kitchen properly located for efficient food
				service, and large enough to accommodate the equipment and personnel needed to
				prepare and serve properly the number of meals required as determined by the
				Department. The size of kitchens shall be approximately ten (10) square feet
				per resident bed.
b) Provide
				kitchen equipment in an arrangement for convenient operation, good sanitation,
				healthful working conditions and control of heat, noise, and odors.
c) Provide appropriate equipment for the
				preparation and serving of meals.
d) Provide refrigeration of perishable
				foods.
e) Provide a two (2)
				compartment sink equipped with drain boards. One (1) compartment is for washing
				dishes and the other is for rinsing and sanitizing them. The compartment for
				sanitizing shall be sufficiently deep to allow complete submersion of all items
				washed. A domestic type dishwashing machine equipped with sanitizing features
				is required for kitchens serving more than ten (10) residents.
f) The central kitchen shall be provided with
				a handwashing lavatory. The 2-bowl kitchen sink may be used for
				handwashing.
g) The walls and
				ceilings of all food handling rooms shall be finished with smooth, washable,
				light-colored surfaces.
h) All
				openings to the outside shall be effectively screened during fly seasons, and
				screen doors shall be equipped with self-closing devices; or a satisfactory
				alternative method.
i) The central
				kitchen shall be located so that no resident must pass through it to reach a
				bathroom, resident's bedroom, the living room, dining room, or the
				out-of-doors.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2710 - Laundry Room

Current through Register Vol. 48, No. 28, July 12, 2024
a) Provide a
				laundry room equipped with appropriate and satisfactory type equipment of a
				design to meet the needs of the facility unless a commercial laundry is
				used.
b) Laundry facilities shall
				not be located in rooms used for food storage, preparation, or
				serving.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2720 - Housekeeping and Storage

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Sufficient janitor's closets shall be provided throughout the facility as
				required to maintain a clean and sanitary environment. Each shall contain a
				floor receptor or service sink and storage space for housekeeping equipment and
				supplies. Space(s) for large housekeeping equipment and for back-up supplies
				may be centrally located.
b)
				Provide a total area of approximately ten (10) square feet per resident bed for
				the storage of excess personal possessions of residents and staff, linens,
				supplies, activity materials and other items. This does not include closets or
				wardrobes in residents' rooms. Separate storage space with provisions for
				locking and security control shall be provided for residents' personal effects
				which are not kept in residents' bedrooms.
c) Provide storage rooms for maintenance
				supplies, yard equipment, etc.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2730 - Building General

Current through Register Vol. 48, No. 28, July 12, 2024
a) General
1) Building shall not be a structural part of
				a long-term care facility or other institutional buildings.
2) Provide a room arrangement that will
				permit the facility to be divided functionally into living units for not more
				than twenty (20) residents. Each living unit shall contain its own living room
				and dining room.
3) Each facility
				shall have a maximum capacity of twenty (20) beds, except as provided for in
				Section 18 of the Community Living Facilities Licensing Act (Ill. Rev. Stat.
				1981 ch. 1111/2 par. 4197 et seq.) approved September 23, 1981, as amended by
				Public Act 82-745.
4) Buildings of
				one (1) story in height shall be constructed of fire resistive, protected
				noncombustible, protected ordinary, protected wood frame, heavy timber, or
				unprotected noncombustible construction. Buildings of fire resistive
				construction are not limited in height or number of stories. Buildings of two
				(2) stories or more in height may be of any approvable construction type and
				must be equipped throughout with an approved automatic extinguishing system,
				except for fire-resistive construction.
5) All corridors shall be three (3) feet in
				clear and unobstructed width.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2740 - Exit Facilities and Subdivision of Floor Areas

Current through Register Vol. 48, No. 28, July 12, 2024
a) At least two (2) exits, remote from each
				other, shall be provided for each floor or fire section of the building used by
				residents. At the upper floor level, at least one of the means of egress shall
				consist of an enclosed interior stairway, an exterior stairway, or a horizontal
				exit.
b) Exits shall be so located
				that the entrance door of every resident's bedroom or apartment suite and of
				every living, dining, and activity room is not more than one hundred (100) feet
				along the line of travel to the nearest exit. This distance may be increased up
				to one hundred fifty (150) feet if the entire building is protected by a
				complete automatic sprinklersystem.
c) Basements used by residents for such
				purposes as recreation, group meetings, dining, or laundry shall be provided
				with two (2) means of exit. At least one of the exits shall have direct access
				to the outside of the building.
d)
				Fire escape stairs may be accepted as being part of the required means of
				egress, subject to the approval of the authority having jurisdiction.
e) All passages to be used as a means of
				exit, or part of a means of exit, shall not pass through any room or space used
				for any purpose that may obstruct free passage.
f) Means of egress shall be so arranged that
				there are no dead end pockets, hallways, corridors, passageways, or courts
				whose depth exceeds twenty (20) feet.
g) Corridor walls shall have a fire-resistive
				rating of at least one-third (1/3) hour. Corridor walls may terminate at the
				underside of the ceiling.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2750 - Stairways and Vertical Openings

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Interior stairways shall be enclosed with construction having one-third (1/3)
				hour fire resistance rating. It shall exit directly to the outside grade, and
				have a door at all floors.
b) Light
				or ventilation shaft, chute and other vertical openings between stories shall
				be enclosed with construction having a fire resistance rating at least
				one-third (1/3) hour.
c) Every
				multi-level facility shall have stairways with a minimum headroom of six (6)
				feet, eight (8) inches and a maximum height of twelve (12) feet between
				landings; a minimum clear width of three (3) feet, except handrails which may
				project not more than three and one-half (31/2) inches on each side, handrail
				is required only on one side of stair; width of treads exclusive of nosing or
				projection not less than nine (9) inches and risers of not more than eight (8)
				inches. Stairways with triangular or winding treads or single risers are not
				acceptable.
d) Every stairway shall
				have a landing that is at least as deep as the width of the stairway
				door.
e) Usable space under stairs
				shall not be used for storage.
f)
				Means of egress such as stairs, stair landings, balconies, ramps and aisles,
				located along the edge of open-sided floors and mezzanines, shall have
				guardrails to prevent falls over the open side.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2760 - Hazardous Areas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Walls at
				enclosure of hazardous areas shall have a one-hour fire resistive rating. Doors
				at enclosure of hazardous areas shall be a minimum of one and three-eights
				(13/8) inch thick solid core wood or equivalent and be self closing.
b) Hazardous areas include the following:
1) Kitchens
2) Furnace and heater rooms
3) Laundries
4) Rooms or spaces, including repair shops,
				used for the storage of combustible supplies and equipment in quantities deemed
				hazardous by the authority having jurisdiction.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2770 - Structural

Current through Register Vol. 48, No. 28, July 12, 2024
a) Buildings and
				all parts thereof shall be maintained structurally to support all dead, live
				and lateral loads.
b) Buildings
				shall be maintained in good repair. Buildings that show signs of distress shall
				be repaired immediately.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2780 - Mechanical Systems

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Mechanical systems shall be tested, balanced, and operated to demonstrate that
				the installation and performance of these systems conform to the requirements
				of these standards.
b) Upon the
				completion of the contract, the owner shall be furnished with a complete set of
				manufacturers operating and preventative maintenance instructions, parts list
				with numbers and descriptions for each piece of equipment, and a copy of the
				air-balance report. A complete set of these documents shall be kept on the
				premises.
c) The owner shall be
				provided with instructions in the operational use of the systems and equipment
				as required.
d) A design
				temperature of 75 degrees fahrenheit for both summer and winter design
				conditions shall be provided for all patient use areas including
				corridors.
e) All ventilation
				supply, return and exhaust systems shall be mechanically operated.
f) Air conditioning and ventilation systems
				shall be designed, installed and maintained as required by National Fire
				Protection Association Standard 90A or 90B, depending on the size of the
				facility.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2790 - Plumbing Systems

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				plumbing systems shall be designed and installed in accordance with the
				requirements of the "Illinois State Plumbing Code" except that the number of
				water closets, lavatories, bathtubs, showers, and other fixtures shall be as
				required by these Standards and the Facility program.
b) Plumbing fixtures shall be of
				non-absorptive acid-resistant materials.
c) Shower bases and tub bottoms shall be
				provided with nonslip surfaces.
d)
				Water supply systems shall be designed to supply water at sufficient pressure
				and volume to operate all fixtures and equipment during maximum demand
				periods.
e) Hot water distribution
				systems shall be arranged to provide hot water at each hot water outlet at all
				times. Hot water at shower, bathing and handwashing facilities shall not exceed
				110 degrees fahrenheit.
f) Water
				storage tanks shall be fabricated of corrosion resistant metal or lined with
				noncorrosive material.
g) Insofar
				as possible, drainage piping shall not be installed above the ceiling nor
				installed in an exposed location in food preparation centers, food serving
				facilities, food storage areas, and other critical areas. Special precautions
				shall be taken to protect these areas from possible leakage of condensation
				from necessary overhead piping systems.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2800 - Electrical Systems

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				material including equipment, conductors, controls, and signaling devices shall
				be installed to provide a complete electrical system with the necessary
				characteristics and capacity to supply the electrical facilities required by
				these Standards. All materials shall be listed as complying with available
				standards of Underwriters' Laboratories, Inc. or other similarly established
				standards.
b) All spaces occupied
				by people, machinery, and equipment within buildings, approaches to and exits
				from buildings, and parking lots shall have lighting.
c) Residents' rooms shall have general
				lighting. At least one light fixture shall be switched at the entrance to each
				resident room. All switches for control of lighting in residents' sleeping
				areas shall be of the quiet operating type.
d) Receptacles (Convenience Outlets)
1) Each resident bed room shall have duplex
				grounding type receptacles as follows: At least one located at the head of each
				bed; one for television if used; and one on another wall. Receptacles are to be
				located between twelve (12) to thirty (30) inches above the finished
				floor.
2) Resident bathrooms shall
				have at least one duplex receptacle.
3) At least one duplex receptacle shall be
				installed in each corridor.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2810 - Fire Alarm and Detection System

Current through Register Vol. 48, No. 28, July 12, 2024
a) Provide an approved supervised fire alarm
				system.
b) An approved automatic
				smoke detection system shall be installed on each floor level. Such system
				shall be installed in accordance with National Fire Protection Association
				Standard 101, Section 6-3 of the l976 Life Safety Code, and with National Fire
				Protection Association Standard 72, l975. In no case shall smoke detectors be
				spaced further apart than thirty (30) feet on center, or more than fifteen (15)
				feet from any wall.
c) The
				automatic smoke detection system shall be electrically interconnected to the
				fire alarm system.
d) The fire
				alarm system shall automatically transmit the alarm to any available municipal
				fire department by direct private line, or through any approved central
				station.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2820 - Emergency Electrical System

Current through Register Vol. 48, No. 28, July 12, 2024
An emergency electrical service, which may be battery
				  operated if effective for four (4) or more hours, shall provide services as
				  follows:
a) Illumination of means of
				egress
b) Fire detection and alarm
				system
c) Telephone
				service
d) Exit sign
				fixtures
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart M - DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING COMMUNITY LIVING FACILITIES › Section 370.2830 - Fire Protection

Current through Register Vol. 48, No. 28, July 12, 2024
The Department, or upon request the Fire Prevention Division
				  of the Office of the State Fire Marshal, will make inspections for fire safety
				  and compliance with these standards. The Fire Prevention Division shall call to
				  the attention of the Department of Public Health any violations of these
				  standards pertaining to fire protection found during a requested inspection.
				  The Department, or upon request the Fire Prevention Division, shall be
				  privileged to make as many subsequent visits as deemed necessary by the
				  Department for assurance of compliance.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart N - RESIDENT'S RIGHTS › Section 370.3010 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a)
1) 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.
2) In addition, every resident shall be
				provided with all rights guaranteed by the Mental Health and Developmental
				Disabilities Code (Ill. Rev. Stat. 1981, ch. 911/2, pars. 1-100 et seq.), as
				amended.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart N - RESIDENT'S RIGHTS › Section 370.3020 - Medical and Personal Care Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) A resident shall be permitted to retain
				the services of his or her own personal physician at his or her own expense
				under an individual or group plan of health insurance, or under any public or
				private assistance program providing such coverage.
b) The Department shall not prescribe the
				course of medical treatment provided to an individual resident by the
				resident's physician in a facility.
c) 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.
d) 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.
e) 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
				committee appointed by the administrator of the facility where such research
				and treatment is conducted. The membership, operating procedures and review
				criteria for institutional review committees shall be prescribed under rules
				and regulations of the Department.
f)
1) 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 the resident or others and such harm is documented by a physician
				or nurse in the resident's clinical record.
2) The resident, or guardian, shall be given
				the opportunity to refuse generally accepted mental health or developmental
				disability services, including but not limited to medication, unless such
				services are necessary to prevent the recipient from causing serious harm to
				him or herself or others. If such services are refused, they shall not be
				given. The Qualified Mental Retardation Professional shall inform a resident or
				guardian who refuses such services of alternate services available and the
				risks of such alternate services, as well as the possible consequences to the
				resident of refusal of such services.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart N - RESIDENT'S RIGHTS › Section 370.3030 - Restraints

Current through Register Vol. 48, No. 28, July 12, 2024
a) Neither physical
				restraints nor confinements shall be employed for the purpose of punishment or
				for the convenience of any facility personnel. No physical restraints or
				confinements shall be employed except as authorized in writing by a physician,
				clinical psychologist, or a registered nurse with supervisory responsibilities,
				who documents the need for such restraints or confinements in the resident's
				clinical record.
b) Safety devices
				and time-out periods may be employed only when necessary to prevent a resident
				from injuring oneself or others. The written authorization shall specify the
				precise time periods and conditions in which any restraints and confinements
				shall be employed.
c) No chemical,
				medication, or tranquilizer shall be employed by a facility as a restraint or
				confinement in lieu of or in addition to any physical restraint or confinement.
				Such chemicals, medications, or tranquilizers may only be employed as part of a
				duly prescribed therapeutic medical treatment program authorized by the
				resident's physician and documented in the resident's clinical
				record.
d) No resident shall be
				subjected to any behavior modification program which utilizes restraints,
				confinements, or aversive stimuli of any nature unless and until the informed
				consent of such resident, resident's guardian, or parent of a minor resident
				has been obtained.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart N - RESIDENT'S RIGHTS › Section 370.3040 - Abuse and Neglect

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				owner, licensee, program coordinator, house manager, employee or agent of a
				facility shall not abuse or neglect a resident.
b) A facility employee or agent who becomes
				aware of abuse or neglect of a resident shall immediately report the matter to
				the facility program coordinator or house manager.
c) A facility program coordinator or house
				manager who becomes aware of abuse or neglect of a resident shall immediately
				report the matter by telephone and in writing to the resident's representative,
				or if he or she is not available then to the Department.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart N - RESIDENT'S RIGHTS › Section 370.3070 - Private Right of Action

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				resident shall have the right to maintain a private right of action against a
				facility as described in Section
				370.3070(b) through
				(f)
b) The owner and licensee of a facility are
				liable to a resident for any intentional or negligent act or omission of their
				agents or employees which injures the resident.
c) The licensee shall pay the actual damages,
				or $500, whichever is greater, and costs and attorney's fees to a facility
				resident whose rights as specified in the Act or this Part are
				violated.
d) A resident may
				maintain an action under this Act and this Part for any other type of relief,
				including injunctive and declaratory relief, permitted by law.
e) Any waiver by a resident or his or her
				legal representative of the right to commence an action under Sections
				370.3070(b) through
				(f), whether oral or in writing, shall be
				null and void, and without legal force or effect.
f) 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 of resident abuse or neglect, brings or testifies in a private right of
				action, or files a complaint, because of such action or testimony.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart N - RESIDENT'S RIGHTS › Section 370.3080 - Transfer and/or Discharge

Current through Register Vol. 48, No. 28, July 12, 2024
The facility shall comply with all of the provisions of "The
				  Mental Health and Developmental Disabilities Code," as amended pertaining to
				  the transfer and/or discharge of residents.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart N - RESIDENT'S RIGHTS › Section 370.3090 - Complaint Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				person, agency, association or governmental body may file a complaint with the
				Department alleging that a Community Living Facility is in violation of the Act
				or of the rules promulgated pursuant to the Act.
b) 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 Section 8(3) of the
				Act. The Department shall notify the complainant of its findings upon written
				request.
c) 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.
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 12 of the 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, 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.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart N - RESIDENT'S RIGHTS › Section 370.3100 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
The facility shall comply with all of the provisions of the
				  Mental Health and Developmental Disabilities Confidentiality Act, (Ill. Rev.
				  Stat. 1981, ch. 911/2, pars. 801 et seq.) as amended.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 370 - COMMUNITY LIVING FACILITIES CODE › Subpart N - RESIDENT'S RIGHTS › Section 370.3110 - Facility Implementation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				facility shall establish and function in conformity with written policies and
				procedures to implement the responsibilities and rights provided in the Act and
				these rules and regulations. The policies shall include the procedure for the
				investigation and resolution of resident complaints under the Act. The policies
				shall be clear and unambiguous and shall be available for inspection by any
				person.
b) Upon admission to a
				community living facility, residents shall be provided with a copy of their
				rights and related rules, regulations and policies and the name, address and
				telephone number of the Guardianship and Advocacy Commission. These rights
				shall include but need not be limited to the Mental Health and Developmental
				Disabilities Code.
c) The facility
				shall provide copies of material listed in Section
				370.3110(b)
				upon request to next of kin, sponsoring agencies, representative payees and the
				public.
d) The resident, resident's
				representative, guardian, or parent of a minor resident shall acknowledge in
				writing the receipt from the facility of a copy of all resident rights and a
				copy of all facility policies implementing such rights.
e) The facility shall ensure that its staff
				is familiar with and observes the rights and responsibilities enumerated in the
				Act and these regulations.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 380 - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 380.110 - Incorporated and Referenced Materials

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following regulations and standards
				are incorporated in this Part:
1) National
				Fire Protection Association (NFPA) Standard No. 101: Life Safety Code, Chapter
				33, Existing Board and Care Occupancies (2012) or Chapter 32, New Board and
				Care Occupancies (2012), and the following additional standards, which may be
				obtained from the National Fire Protection Association, 1 Batterymarch Park,
				Quincy MA 02169.
A) No. 10 (2010): Standard
				for Portable Fire Extinguishers
B)
				No. 13 (2010): Standard for the Installation of Sprinkler Systems
C) No. 25 (2011): Standard for the
				Inspection, Testing and Maintenance of Water-Based Fire Protection
				Systems
D) No. 54 (2012): National
				Fuel Gas Code
E) No. 70 (2011):
				National Electrical Code
F) No. 72
				(2010): National Fire Alarm and Signaling Code
G) No. 80 (2010): Standard for Fire Doors and
				Other Opening Protectives
H) No.
				90A (2012): Standard for Installation of Air Conditioning and Ventilating
				Systems
I) No. 96 (2011): Standard
				for Ventilation Control and Fire Protection of Commercial Cooking
				Operations
J) No. 99 (2012): Health
				Care Facilities Code
K) No. 101A
				(2013), Guide on Alternative Approaches to Life Safety, Chapter 6 and Chapter
				7
L) No. 110 (2010): Standard for
				Emergency and Standby Power Systems
M) No. 220 (2012): Standard on Types of
				Building Construction
N) No. 241
				(2009): Standard for Safeguarding Construction, Alteration and Demolition
				Operations
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 380 - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 380.120 - Applicability and General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The
Act
and this Part provide
for licensure of long
				term care facilities that are federally designated as institutions for mental
				disease on
July 22, 2013
and specialize in providing services
				to individuals with serious mental illness. On and after
July 22,
				2013
, these facilities shall be governed by
the
Act
				instead of the Nursing Home Care Act.
(Section 1-101.5(a) of the
				Act)
b)
All consent decrees
				that apply to facilities federally designated as institutions for mental
				disease shall continue to apply to facilities licensed under
the
Act
and this Part
.
(Section 1-101.5(b) of the
				Act)
c)
A facility licensed
				under
the
Act
and this Part
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
the
Act
and this Part
exceed the total
				number of licensed beds existing on July 22, 2013
(the effective date
				of Public Act 98-104) (Section 1-105(c) of the Act)
.
d) Subject to the Act and this Part, the
				facility shall develop and implement a psychiatric rehabilitation program
				providing individual and group therapeutic interventions, services and supports
				to address the goals, preferences, needs, strengths and risks of persons with a
				diagnosis of mental illnesses and who meet clinical criteria as specified in
				each level of service.
e) Triage
				centers, crisis stabilization units, transitional living units, and recovery
				and rehabilitation supports units shall be designed to improve the adaptive
				functioning of persons with mental illness, facilitate the recovery of those
				persons, and enable those persons to achieve a higher level of independence
				while preventing regression to a lower level of functioning.
f) As defined in the Act and this Part, the
				facility may develop specialized units and programs to serve different
				consumers in different stages of illness, including:
1) Non-residential triage centers, with a
				length of stay no more than 23 hours, for short-term crisis assessment and
				disposition;
2) Crisis
				stabilization units that serve consumers for no more than 21 days;
3) Recovery and rehabilitation supports units
				that address longer-term consumer mental health rehabilitation needs and
				training; and
4) Transitional
				living units that prepare consumers for community transition within 120 days
				following admission.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 380 - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 380.130 - Staff Qualifications and Training Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
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
then
annually. Training shall be independent of the Department and overseen
				by
DHS-DMH
to determine the content of all facility employee
				training and to provide training for all trainers of facility
				employees
. (Section 2-103 of the Act) DHS-DMH will determine if the
				outlined employee training plan submitted to it by the facility meets the
				DHS-DMH requirements prior to the acceptance of the facility's plan of
				operation by the Department.
b)
Training of employees shall be consistent with nationally recognized
				national accreditation standards as defined in
the
Act
and this Part.
Training shall be required for all
				existing staff at a facility prior to the implementation of any new services
				authorized under
the
Act
and this Part. (Section
				2-103 of the Act)
c) The facility
				shall have a written policy for regular staff training at all levels of service
				that the facility provides. Training referenced in this Section may be provided
				via any of the usual methods of adult education, including, but not limited to,
				in-service training, webinar, comport programs, on-line education, and
				on-the-job training.
d) The
				curriculum for staff training will be developed or approved by DHS-DMH and will
				include, but not be limited to, understanding symptoms of mental illnesses;
				principles of evidence-based practices and emerging best practices, including
				trauma informed care, illness management and recovery, wellness recovery action
				plans, crisis prevention intervention training, consumer rights, and
				recognizing, preventing, and mandatory reporting of abuse and neglect. Training
				shall also include relevant health and safety matters. Training shall use
				didactic as well as practical and on-the-job experiences.
e) Executive Director
1) The executive director shall meet the
				requirements in Section
				380.430.
2) The executive director shall complete at
				least 15 hours of training as prescribed by DHS-DMH on mental illness, mental
				health services, psychiatric rehabilitation, State mental health administrative
				rules, and the mental health service system prior to assuming duties in a
				facility.
3) Individuals who have
				successfully completed training on the specific topics and training hours
				prescribed in subsection (e)(2) within the past five years may use this
				training to meet the requirements of this subsection (e). The facility shall
				document this training in the employee's personnel file.
4) The executive director also shall complete
				additional training annually as prescribed by DHS-DMH.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 380 - SPECIALIZED MENTAL HEALTH REHABILITATION FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 380.140 - Consumer Rights and Choices

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Consumers served by a facility under
the
Act
and this Part
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
. (Section 3-101 of
				the Act)
1)
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
, except for triage.
If a consumer is unable to read
the
written
				explanation, it shall be read to the consumer in a language the consumer
				understands
. (Section 3-209 of the Act)
2)
The facility shall ensure that its
				staff is familiar with and observes the rights and responsibilities enumerated
				in Article 3
of the Act. (Section 3-210 of the Act)