reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 385 - SUPPORTIVE RESIDENCES LICENSING CODE › Section 385.2150 - Control of Medications

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 facility shall comply with all federal and State laws and regulations relating
			 to the procurement, storage, dispensing, administration, and disposal of
			 medications.
b) All Schedule II
			 controlled substances shall be stored in such a manner that two separate locks,
			 using two different keys, must be unlocked to obtain these substances. This may
			 be accomplished by several methods such as locked cabinets within locked
			 medicine rooms, separately locked, securely fastened boxes (or drawers) within
			 a locked medicine cabinet, locked portable medication carts, which are stored
			 in a locked medicine room when not in use, or portable medication carts
			 containing a separate locked area within the locked medication cart, when such
			 cart is made immobile.
c) All
			 discontinued medications, medications having expiration dates that have passed,
			 and medications of clients who have been discharged or who have expired shall
			 be disposed of in accordance with the written policies and procedures. This
			 rule shall not apply to clients who have been temporarily transferred to a
			 hospital or who are on a temporary home visit. Medications for such persons
			 shall be kept in the facility until such time as the client expires or is
			 discharged from the facility.
d)
			 For all Schedule II substances, a controlled substances record shall be
			 maintained that lists on separate sheets, for each type and strength of
			 Schedule II substance, the following information: date, time administered, name
			 of client, dose, physician's name, signature of person administering dose, and
			 number of doses remaining.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 385 - SUPPORTIVE RESIDENCES LICENSING CODE › Section 385.2200 - Labeling, Storage and Administration of Medications

Current through Register Vol. 48, No. 28, July 12, 2024
a) Clients shall be encouraged to
			 independently administer their own medications. If a client cannot administer
			 his/her own medications, administration shall be by licensed medical or
			 licensed nursing personnel in accordance with their respective licensing
			 requirements.
b) Medications for
			 all clients shall be properly labeled and stored in accordance with the
			 facility's policy and procedures.
c) The medications of each client shall be
			 kept and stored in the containers in which they were originally received.
			 Medications shall not be transferred between containers, except that a licensed
			 nurse may remove medication from original containers and place it in other
			 containers to be sent with a client when the client will be out of the facility
			 at the time of scheduled administration of medication.
d) Medications prescribed for one client
			 shall not be administered to another client.
e) If for any reason a physician's medication
			 order cannot be followed, the physician shall be notified as soon as is
			 reasonable, depending upon the situation, and a notation made in the client's
			 medical plan of care.
f) Medication
			 errors and drug reactions shall be immediately reported to the client's
			 physician. An entry thereof shall be made in the client's medical plan of care,
			 and the error or reaction shall also be described in an incident
			 report.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 385 - SUPPORTIVE RESIDENCES LICENSING CODE › Section 385.2400 - Physical Plant

Current through Register Vol. 48, No. 28, July 12, 2024
a) Not more
			 than two people shall share a bedroom. No room commonly used for other
			 purposes, including, but not limited to, a hall, stairway, attic, garage,
			 storage area, shed or similar detached building, shall be used as a sleeping
			 room for any client.
b) Toilets and
			 bathrooms shall be conveniently located. At least one toilet, washbasin, and
			 bathtub or shower shall be provided per six clients. If the bathing area or
			 toilet room contains more than one of each fixture, a means of allowing
			 individual privacy shall be provided.
c) Sufficient room shall be available
			 throughout the facility to accommodate and serve all clients in comfort, safety
			 and privacy. The premises shall be maintained in good repair and shall provide
			 a safe, clean, and healthful environment, free of pests. Exits shall not be
			 blocked.
d) Each facility shall be
			 in full compliance with local building codes and fire safety/protection
			 requirements.
e) Garbage shall be
			 disposed of in accordance with State and local requirements. Potentially
			 infectious medical wastes shall be disposed of in accordance with State and
			 local requirements. All solid waste shall be handled in the facility to prevent
			 transmission of disease. Sharps must be stored and disposed of in rigid,
			 puncture-resistant containers.
f)
			 Water supply, sewage disposal and plumbing systems shall comply with all
			 applicable State and local codes and ordinances.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 385 - SUPPORTIVE RESIDENCES LICENSING CODE › Section 385.2500 - Violations

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
			 Department determines that a supportive residence is not in compliance with the
			 Act or this Part, the Department shall promptly serve a notice of violation
			 upon the licensee. The notice shall be served on the licensee personally or by
			 certified mail. (Section 30 of the Act)
b) Each notice of violation shall be in
			 writing and shall include:
1) A description
			 of the nature of the violation.
2)
			 Citation of the statutory provision or rule alleged to have been
			 violated.
3) A statement that the
			 licensee must submit a plan of correction as provided under subsection (c) of
			 this Section.
4) A description of
			 any other action the Department may take under this Act, including adverse
			 licensure action under Section 50 of the Act and Section
			 385.2550
			 of this Part.
5) A statement that
			 the licensee has a right to a hearing to contest the violation as provided in
			 Section 55 of the Act and Section
			 385.2600 of this Part
			 and a description of the procedure for requesting a hearing. (Section 30 of the
			 Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 385 - SUPPORTIVE RESIDENCES LICENSING CODE › Section 385.2550 - Adverse Licensure Action

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Adverse licensure actions include the denial of an initial license application,
			 denial of an application for license renewal, revocation of a license, and
			 suspension of a license.
b) Adverse
			 licensure action shall be considered by the Department under the following
			 conditions:
1) If the applicant or licensee
			 has been convicted of a felony or two or more misdemeanors involving moral
			 turpitude, as shown by a certified copy of the court's conviction, and
A) The Department determines after
			 investigation that the person has not been sufficiently rehabilitated to
			 warrant the public trust; or
B)
			 Upon other satisfactory evidence that the moral character of the applicant or
			 licensee is not reportable.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 385 - SUPPORTIVE RESIDENCES LICENSING CODE › Section 385.2600 - Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
Hearings conducted pursuant to the Act and this Part shall be
				conducted in accordance with the following:
a) Section 55 of the Act;
b) The Illinois Administrative Procedure Act
			 (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) [5 ILCS 100 ];
c) The rules of the Department entitled
			 "Rules of Practice and Procedure in Administrative Hearings" (77 Ill. Adm. Code
			 100).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 389 - AUTHORIZED ELECTRONIC MONITORING IN LONG-TERM CARE FACILITIES CODE › Section 389.100 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Authorized Electronic Monitoring in Long-Term
				Care Facilities 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 the 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 dementia is defined in Section 3 of the Alzheimer's Disease
				Assistance Act
(Section 5 of the Act), including:
A supportive living program setting with dementia care units,
				as provided for in Subparts B and E of 89 Ill. Adm. Code 146;
An Alzheimer's disease management center alternative health
				care model licensed under the Alternative Health Care Delivery Act;
An Alzheimer's unit in an assisted living establishment
				licensed under the Assisted Living and Shared Housing Act, and as provided for
				in 77 Ill. Adm. Code
				295.4060.
"Resident" means a person residing in a
				facility.
"Resident's representative" has the meaning given to
				that term in:
Section 1-123 of the Nursing Home Care Act if the
				resident resides in a facility licensed under the Nursing Home Care
				Act;
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
Section 1-123 of the MC/DD Act if the resident resides
				in a facility licensed under the MC/DD Act;
(Section 5 of the
				Act)
Section 10 of the Assisted Living and Shared Housing Act if the
				resident resides in an Alzheimer's unit in an establishment licensed under the
				Assisted Living and Shared Housing Act; or
For a resident of a dementia care unit of a supportive living
				program or in an Alzheimer's disease management center alternative health care
				model, 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 the resident's representative, or the resident's
				guardian.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 389 - AUTHORIZED ELECTRONIC MONITORING IN LONG-TERM CARE FACILITIES CODE › Section 389.105 - Incorporated and Referenced Materials

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The following standards are incorporated in this Part:
1) National Fire Protection Association
			 (NFPA) 101 Life Safety Code (2012), which may be obtained from the National
			 Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts
			 02169
2) National Fire Protection
			 Association (NFPA) 70, National Electric Code, (2011), which may be obtained
			 from the National Fire Protection Association, 1 Batterymarch Park, Quincy,
			 Massachusetts 02169
3)
			 International Building Code (2012), which may be obtained from the
			 International Code Council, 4051 Flossmoor Road, Country Club Hills, Illinois
			 60477-5795
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 389 - AUTHORIZED ELECTRONIC MONITORING IN LONG-TERM CARE FACILITIES CODE › Section 389.110 - Authorized Electronic Monitoring

Current through Register Vol. 48, No. 28, July 12, 2024
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
			 Act
and this Part
.
(Section 10(a) of the
			 Act)
b)
A facility that
			 houses dementia residents may allow electronic monitoring devices only in rooms
			 that are located in a building that is entirely dedicated to dementia care; or
			 that are located in a building wing that is solely dedicated to dementia
			 care
. (Section 10(c) of the Act)
c)
Authorized electronic monitoring
			 may begin only after a notification and consent form prescribed by the
			 Department has been completed and submitted to the facility.
(Section
			 20(a) of the Act)
d)
The
			 completed notification and consent form 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
the Act and Section 389.115
. 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 the Act
and this Part
;
B)
Who was present when the resident
			 was asked; and
C)
An acknowledgement that the resident did not affirmatively
			 object.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 389 - AUTHORIZED ELECTRONIC MONITORING IN LONG-TERM CARE FACILITIES CODE › Section 389.115 - Consent of the Resident

Current through Register Vol. 48, No. 28, July 12, 2024
a)
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
resident's
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
Section 389.110(d)(7).
c)
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;
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.
(Section 15(a) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 389 - AUTHORIZED ELECTRONIC MONITORING IN LONG-TERM CARE FACILITIES CODE › Section 389.120 - Consent of the Roommate

Current through Register Vol. 48, No. 28, July 12, 2024
a)
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 Section, 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.
b)
If the
			 roommate has not affirmatively objected to the authorized electronic monitoring
			 in accordance with
the Act and this Section
, 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;
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.
(Section 15(c) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 389 - AUTHORIZED ELECTRONIC MONITORING IN LONG-TERM CARE FACILITIES CODE › Section 389.125 - Cost and Installation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A resident choosing to conduct authorized electronic
			 monitoring
shall
do so at his or her own expense, including
			 paying purchase, installation, maintenance, and removal costs.
(Section 25(a) of the Act) The facility may include language in its standard
			 admission contract that:
1) Requires
			 professional installation by a contractor of an electronic monitoring device
			 that requires physical alteration of a resident's room or hardwiring into the
			 facility's electrical system;
2)
			 Requires a contractor, if required, be licensed by the appropriate local level
			 of government;
3) Requires the
			 resident to pay any reasonable costs associated with correcting installation
			 errors that violate NFPA 101, NFPA 70, and the International Building
			 Code;
4) Requires that the resident
			 pay any reasonable costs associated with removal of an electronic monitoring
			 device, including wall repair, in the event that the resident or a roommate
			 withdraws consent, or a new roommate withholds consent, as a condition of
			 electronic monitoring;
5) Requires
			 a damage deposit from the resident as a condition of installing electronic
			 monitoring; and
6) Provides for the
			 removal and confiscation of an electronic monitoring device that is installed
			 in violation of the Act and this Part, including compliance with NFPA 101, NFPA
			 70, and the International Building Code as a condition of electronic
			 monitoring.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 389 - AUTHORIZED ELECTRONIC MONITORING IN LONG-TERM CARE FACILITIES CODE › Section 389.130 - Signage

Current through Register Vol. 48, No. 28, July 12, 2024
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."
(Section 30(a) of
			 the Act) This sign shall be a minimum of
			 8.5 inches x 11
			 inches.
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.".
(Section 30(b) of the Act) This sign shall be a minimum of 5 inches x 7
			 inches.
c) Signs posted at the
			 entrance to the building and at the entrance to residents' rooms shall also
			 state that electronic monitoring equipment may be turned off only by the
			 resident or the person who consented on behalf of the resident or, if by the
			 facility, under the following conditions:
1)
			 When a resident does not turn off in the instance of no consent from the
			 roommate and the resident does not make an effort to turn off the electronic
			 monitoring equipment, or
2) When
			 directed by the resident or the resident's representative.
3)
The facility is responsible for
			 installing and maintaining the signage required in this Section.
(Section 30(c) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 389 - AUTHORIZED ELECTRONIC MONITORING IN LONG-TERM CARE FACILITIES CODE › Section 389.135 - Obstruction of Electronic Monitoring Devices

Current through Register Vol. 48, No. 28, July 12, 2024
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 written
			 permission of the resident or the individual who consented on behalf of the
			 resident in accordance with the Act
and this Part
.
(Section 40(a) of the 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
written
permission of the resident
			 or the individual who consented on behalf of the resident in accordance with
			 the Act
and this Part
.
(Section 40(b) of the
			 Act)
c)
It is not a
			 violation of the Act or 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 the
			 Act
and Section 389.115
.
(Section 40(d) of the
			 Act)
d) The Department will forward
			 all credible complaints of violations of the Act and this Part to the Office of
			 the Attorney General for further action.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 389 - AUTHORIZED ELECTRONIC MONITORING IN LONG-TERM CARE FACILITIES CODE › Section 389.140 - Dissemination of Recordings

Current through Register Vol. 48, No. 28, July 12, 2024
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
the
Act
and Section 389.115
.
(Section 45(a) of the Act)
b)
The resident or person who consented on behalf of the resident in
			 accordance with Section 15 of
the
Act
and Section
			 389.115
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.
(Section
			 45(c) of the Act)
c)
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.
(Section 55 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.110 - General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Part applies to the operator/licensee of facilities, or distinct parts of
				facilities that are licensed and classified to provide nursing care to persons
				pursuant to the terms and conditions of the MC/DD Act.
b) The license issued to each
				operator/licensee shall designate the licensee's name, the facility name and
				address, the classification by level of service authorized for that facility,
				the number of beds authorized for each level, the date the license was issued,
				and the expiration date. Licenses shall be issued for a period 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
. The Department will set the period of the license based on
				the license expiration dates of the facilities in the geographical area
				surrounding the facility
in order to distribute the expiration
				dates
as evenly as possible
throughout the calendar
				year
. (Section 3-110 of the Act)
c) An applicant may request that the license
				issued by the Department have distinct parts classified according to levels of
				services. The distinct part shall meet the applicable physical plant standards
				of this Part based on a level of service classification sought for that
				distinct part. The facility shall comply with additional physical plant
				standards pursuant to local or regional codes that are necessary, in any
				distinct part, to protect the health, welfare, and safety of residents as
				required by the highest level of care offered by the facility. Administrative,
				supervisory, and other personnel may be shared by the entire facility to meet
				the health, welfare, and safety needs of the residents of the
				facility.
d)
A facility
				shall admit only that number of residents for which it is licensed.
(See Section 2-209 of the Act)
e)
No person shall:
1)
Willfully file any false, incomplete or intentionally misleading
				information required to be filed under
the Act,
or willfully
				fail or refuse to file any required information;
2)
Open or operate a facility without
				a license
(Section 3-318(a) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.120 - Application for License

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Application
for a license to establish or
operate
				a
Medically Complex for the Developmentally Disabled (MC/DD)
facility shall be made
in writing and submitted
to the
				Department on forms furnished by the Department
. (Section 3-103(1) of
				the Act) The facility shall provide a written description of the proposed
				program and other information that the Department may require to determine the
				appropriate level of licensure. The application form and other required
				information shall be submitted and approved prior to surveys of the physical
				plant or review of building plans and specifications.
b) An application for a new facility shall be
				accompanied by a permit as required by the Illinois Health Facilities Planning
				Act.
c)
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:
1)
The name and
				address of the applicant if an individual, and if a firm, partnership, or
				association,
the name and address
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;
2)
The name and location of the
				facility for which a license is sought;
3)
The name of the person or persons
				under whose management or supervision the facility will be
				conducted;
4)
The
				number and type of residents for which maintenance, personal care, or nursing
				is to be provided; and
5)
				The
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.
(Section 3-103(2) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.130 - Licensee

Current through Register Vol. 48, No. 28, July 12, 2024
a) The licensee is
				the corporate body, political subdivision, individual, or individuals
				responsible for the operation of the facility and upon whom rests the
				responsibility for meeting the licensing requirements. The licensee is not
				required to own the building being used.
b) If the licensee does not own the building,
				a lease or management agreement between the licensee and the owner of the
				building is required. A copy of the lease or management agreement shall be
				furnished to the Department. The licensee also shall provide the Department
				with a copy of all new lease agreements or any changes to existing agreements
				within 30 days after the effective date of the changes.
c) If the licensee is not a corporation or a
				political subdivision of the State of Illinois, each person responsible for the
				operation of the facility, and upon whom rests the responsibility for meeting
				the requirements of the Act and this Part, shall be at least 18 years of
				age.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.140 - Issuance of an Initial License for a New Facility

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Upon receipt and review of an
				application for a license and inspection of the applicant facility, the
				Director shall issue a probationary 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 five years and is not the owner of a facility designated pursuant to
				Section 3-304.2 of the Act and Section 390.185 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
;
and
3)
That the facility is in
				substantial compliance with the Act
and this Part. (Section 3-109 of
				the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.150 - Issuance of an Initial License Due to a Change of Ownership

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Upon receipt and review of an
				application for a license, the Director shall issue a probationary 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 to 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 five years, and is not the owner if a facility
				designated pursuant to Section 3-304.2
of the Act and Section
				390.185
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; and
3)
That the facility is in
				substantial compliance with
the
Act
and this Part.
				(Section 3-109 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.160 - Issuance of a Renewal License

Current through Register Vol. 48, No. 28, July 12, 2024
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 the facility is in
				  compliance with all licensure requirements in the Act and this Part,
the license shall be renewed
in accordance with
				  Section 3-110
of the Act. (Section 3-115 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.165 - Criteria for Adverse Licensure Actions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Adverse licensure actions are
				determinations to deny the issuance of an initial license, to deny the issuance
				of a renewal of a license, to impose a ban on admissions to a facility, or to
				revoke the current license of a facility.
b) A determination by the Director or the
				Director's designee to take adverse licensure action against a facility will be
				based on a finding that one or more of the following criteria are met:
1) A substantial failure to comply with the
				Act or this Part. For purposes of this provision, substantial failure is a
				failure to meet the requirements of this Part that is other than a variance
				from strict and literal performance and that results only in unimportant
				omissions or defects given the particular circumstances involved.
A
				substantial failure by the facility shall include, but not be limited to, 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
. (Section 3-119(a)(1) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.170 - Denial of Initial License

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				determination by the Director or his designee to deny the issuance of an
				initial license shall be based on a finding that one or more of the criteria
				outlined in Section
				390.165
				or the following criteria are met.
1) The
				applicant, any member of the firm, partnership, or association which is the
				applicant, any officer or stockholder of the corporation which is the
				applicant, or the person designated to manage or supervise the facility has
				been convicted of any of the following crimes during the previous five years.
				Such convictions shall be verified by a certified copy of the record of the
				court of conviction.
A) A felony.
B) Two or more misdemeanors involving moral
				turpitude. (Section 3-117(2) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.175 - Denial of Renewal of License

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application for renewal of a license of a facility shall be denied and the
				license of the facility shall be allowed to expire when the Director or his or
				her designee finds that a condition, occurrence, or situation in the facility
				meets any of the criteria specified in Section
				390.165(b)
				and in Section 3-1219(a) of the Act. Pursuant to Section 10-65 of the Illinois
				Administrative Procedure Act, licensees who are individuals are subject to
				denial of renewal of licensure if the individual is more than 30 days
				delinquent in complying with a child support order.
b) When the Director or his or her designee
				determines that an application for renewal of a license of a facility is to be
				denied, the Department will notify the facility. The notice to the facility
				will be in writing and will include:
1)
A clear and concise statement
of the violations on
				which the nonrenewal or revocation is based,
and
the statute
				or rule violated
.
2) A
				statement of the date on which the current license of the facility will expire
				as provided in subsection (c) and Section 3-119(d) of the Act.
3)
Notice of the opportunity for a
				hearing under Section 3-703
of the Act. (Section 3-119(b) of the
				Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.180 - Revocation of License

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				license of a facility shall be revoked when the Director or his or her designee
				finds that a condition, occurrence or situation in the facility meets any of
				the criteria specified in Section
				390.165(b)
				and in Section 3-119(a) of the Act. In addition, the license of a facility will
				be revoked when the facility fails to abate or eliminate a Type A violation as
				provided in Section
				390.282(b)
				or when
the facility has committed 2 Type AA violations within a 2-year
				period
. (Section 3-119(a)(6) of the Act) Pursuant to Section 10-65 of
				the Illinois Administrative Procedure Act, licensees who are individuals are
				subject to revocation of licensure if the individual is more than 30 days
				delinquent in complying with a child support order.
b) When the Director or his or her designee
				determines that the license of a facility is to be revoked, the Department will
				notify the facility. The notice to the facility will be in writing and will
				include:
1)
A clear and concise
				statement
of the violations on which the revocation is
				based,
and
the statute or rule violated
.
2) A statement of the date on which the
				revocation will take effect as provided in subsection (c) and Section 3-119(d)
				of the Act.
3)
Notice of
				opportunity for a hearing under Section 3-703
of the Act. (Section
				3-119(b) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.185 - Designation of Distressed Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
No facility shall be identified as
				a distressed facility unless it has committed violations or deficiencies that
				have actually harmed residents
. (Section 3-304.2(a) of the Act)
				Facilities that have received a written notice of violations, pursuant to
				Section
				390.276, for
				a failure to comply with the Act or this Part that resulted in harm to a
				resident will be added to the quarterly list of distressed facilities using the
				following methodology:
1) Facility histories
				will be reviewed for the preceding 24 months. Violations will be assigned a
				point value as follows:
A) Type "B"
				violation: 10 points;
B) Repeat
				Type "B" violation: 20 points;
C)
				Type "A" violation: 35 points;
D)
				Repeat Type "A" violation: 50 points;
E) Type "AA" violation: 50 points;
				and
F) Repeat Type "AA" violation:
				75 points.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.190 - Experimental Program Conflicting With Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any facility desiring to conduct an
				experimental program or do research that is in conflict with this Part shall
				submit a written request to the Department and secure prior approval. The
				Department will not approve experimental programs that would violate residents'
				rights under the Act, this Section, and Section
				390.3220(e).
				Additionally, experimental programs in facilities shall comply with the
				following:
1)
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
;
2)
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 institutional review board. Such conduct shall be grounds for
				professional discipline by the Department of Financial and Professional
				Regulation
; and
3)
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.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.200 - Inspections, Surveys, Evaluations and Consultation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The terms survey, inspection, and
				evaluation are synonymous. These terms refer to the overall examination of
				compliance with the Act and this Part.
1) All
				facilities to which this Part applies shall be subject to and shall be deemed
				to have given consent to annual inspections, surveys, or evaluations by
				properly identified personnel of the Department, or by other properly
				identified persons, including local health department staff, as the Department
				may designate.
2)
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. Submission of a facility's
				current Consumer Choice Information Report required by Section 2-214
				of
the Act
shall be verified at the time of
				inspection.
(Section 3-212(a) of the Act)
3) The licensee, or person representing the
				licensee in the facility, shall provide access and entry to the premises or
				facility for obtaining information required to carry out the Act and this Part.
				In addition,
the Department shall have access to and may reproduce or
				photocopy at its cost any books, records, and other documents maintained by the
				facility,
the licensee or their representatives
to the extent
				necessary to carry out
the
Act
and this Part.
				(Section 3-213 of the Act)
4) A
				facility may charge the Department for photocopying at a rate determined by the
				facility not to exceed the rate in Access to Records of the Department of
				Public Health (2 Ill. Adm. Code 1127).
5) A
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 by the Office of State Long Term Care
				Ombudsman.
This report shall
be completed by the facility in
				full.
(Section 2-214(a) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.210 - Filing an Annual Attested Financial Statement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Each licensee shall
file annually an attested financial statement. The Director may order
				an audited financial statement of a particular facility by an auditor of the
				Director's choice.
The Department will pay the cost of extra audits
				ordered by the Director. The time period covered in the financial statement
				shall be a period determined by the Department for the initial filing, and
				after the initial filing shall coincide with the facility's fiscal year or the
				calendar year. (Section 3-208(a) of the Act)
b) The financial statement shall be filed
				with the Department within 90 days following the end of the designated
				reporting period. The financial statement will not be considered as having been
				filed unless all sections of the prescribed forms have been properly completed.
				Those sections that do not apply to a particular facility shall be noted "not
				applicable" on the forms.
c) The
				information required to be submitted in the financial statement shall include,
				but is not limited to, the following:
1)
				Facility information, including: facility name and address, licensure
				information, type of ownership, licensed bed capacity, date and cost of
				building construction and additions, date and cost of acquisition of buildings,
				building sizes, equipment costs and dates of acquisition.
2) Resident information, including: number
				and level of care of residents by source of payment, income from residents by
				level of care.
3) Cost information
				by level of care, including:
A) General
				service costs such as dietary, food, housekeeping, laundry, utilities, and
				plant operation and maintenance.
B)
				Health care costs such as medical director, nursing, medications, oxygen,
				activities, medical records, other medical services, social services, and
				utilization reviews.
C) General
				administration costs such as administrative salaries, professional services,
				fees, subscriptions, promotional, insurance, travel, clerical, employee
				benefits, license fees, and in-service training and education.
D) Ownership costs such as depreciation,
				interest, taxes, rent, and leasing.
E) Special Service cost centers such as
				habilitative and rehabilitative services, therapies, transportation, education,
				barber and beauty care, and gift and coffee shops.
4) Income information, including operating
				and non-operating income.
5)
				Ownership information, including balance sheet and payment to owners.
6) Personnel information, including the
				number and type of people employed and salaries paid.
7) Related organization information,
				including related organizations from which services are purchased.