reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.277 - Administrative Warning

Current through Register Vol. 48, No. 28, July 12, 2024
a)
If the Department finds a situation, condition or practice which
				violates
the
Act or
this Part
which does not
				constitute a Type "AA", Type "A", Type "B", or Type "C" violation, the
				Department shall issue an administrative warning
. (Section 3-303.2(a)
				of the Act)
b) Each administrative
				warning shall be in writing and shall include the following information:
1) A description of the nature of the
				violation.
2) A citation of the
				specific
statutory provision or rule
that the Department
				alleges has been violated.
3) A
				statement that the
facility shall be responsible for correcting the
				situation, condition, or practice.
(Section 3-303.2(a) of the
				Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.278 - Plans of Correction

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The situation, condition or practice constituting a Type "AA" violation
				or a Type "A" violation shall be abated or eliminated immediately unless a
				fixed period of time, not exceeding 15 days, as determined by the Department
				and specified in the notice of violation, is required for correction
.
				(Section 3-303(a) of the Act)
b)
The facility shall have 10 days after receipt of notice of
				violation
for a Type "B" violation, or after receipt of a notice under
				Section 350.277(e) of
				failure to correct a situation, condition, or practice that resulted in the
				issuance of an administrative warning,
to prepare and submit a plan of
				correction
to the Department. (Section 3-303(b) of the Act)
c) Within the 10-day period, a facility may
				request additional time for submission of the plan of correction. The
				Department will extend the period for submission of the plan of correction for
				an additional 30 days, when it finds that corrective action by a facility to
				abate or eliminate the violation will require
substantial capital
				improvement.
The Department will consider the extent and complexity of
				necessary physical plant repairs and improvements and any impact on the health,
				safety, or welfare of the residents of the facility in determining whether to
				grant a requested extension. (Section 3-303(b) of the Act)
d)
No person shall intentionally fail
				to correct or interfere with the correction of a Type "AA", Type "A", or Type
				"B" violation within the time specified on the notice or approved plan of
				correction under
the
Act as the maximum period given for
				correction, unless an extension is granted
pursuant to subsection (c)
and the corrections are made before expiration of extension
.
A violation of this
subsection
is a business offense,
				punishable by a fine not to exceed $10,000, except as otherwise provided in
				subsection (2) of Section 3-103
of the Act and Section
				350.120(c)
as to submission of false or misleading information in a license
				application.
(Section 3-318 (a)(1) and (b) of the Act)
e) Each plan of correction shall be based on
				an assessment by the facility of the conditions or occurrences that are the
				basis of the violation and an evaluation of the practices, policies, and
				procedures that have caused or contributed to the conditions or occurrences.
				The facility shall maintain evidence of the assessment and evaluation. Each
				plan of correction shall include:
1) A
				description of the specific corrective action the facility is taking, or plans
				to take, to abate, eliminate, or correct the violation cited in the
				notice;
2) A description of the
				steps that will be taken to avoid future occurrences of the same and similar
				violations; and
3) A specific date
				by which the corrective action will be completed.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.280 - Reports of Correction

Current through Register Vol. 48, No. 28, July 12, 2024
a) In lieu
				of submission of a plan of correction, a facility may submit a report of
				correction if the corrective action has been completed. The report of
				correction must be submitted within the time periods required in Section
				350.278 for
				submission of a plan of correction.
b) Each report of correction shall be based
				on an assessment by the facility of the conditions or occurrences which are the
				basis of the violation and an evaluation of the practices, policies, and
				procedures which have caused or contributed to the conditions or occurrences.
				Evidence of such assessment and evaluation shall be maintained by the facility.
				Each report of correction shall include:
1) A
				description of the specific corrective action the facility has taken to abate,
				eliminate, or correct the violation cited in the notice.
2) A description of the steps which have been
				taken to avoid future occurrences of the same and similar violations.
3) The specific date on which the corrective
				action was completed.
4) A signed
				statement by the administrator of the facility that the report of correction is
				true and accurate, which shall be considered an oath for the purposes of any
				legal proceedings.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.286 - Notice of Penalty Assessment: Response by Facility

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Director determines that a penalty
				is to be assessed, a written notice of penalty assessment shall be sent to the
				facility. Each notice of penalty assessment shall include:
1)
The amount of the penalty
				assessed
as provided in Section
				350.282.
2) The amount of any reduction or whether the
				penalty has been waived pursuant to Section
				350.288.
3) A description of
the
				violation,
including a reference to the notices of violation and plans
				of correction that are the basis of the assessment.
4) A citation to the provision of
the
				statute or rule alleged to have been violated
.
5) A description of the right of the facility
				to appeal the assessment and of the
right to a hearing under Section
				3-703 of
the Act (Section 3-307 of the
				Act)
.
6) For
				violations which are continuing at the time the notice of assessment,
the amount of additional
penalties
per day
which will be assessed. (Section 3-307 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.287 - Consideration of Factors for Assessing Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a)
In determining whether a penalty
				is to be imposed and in determining the amount of the penalty to be imposed, if
				any, for a violation, the Director shall consider the following
				factors
:
1)
The gravity of
				the violation, including the probability that death or serious physical or
				mental harm to a resident will result or has resulted; the severity of the
				actual or potential harm, and the extent to which the provisions of
				the
Act or this Part
were violated
. A penalty will be
				assessed when the Director finds that
death or serious physical or
				mental harm to a resident
has occurred or that the facility subjected
				residents to potential serious harm.
2)
The reasonable diligence exercised
				by the licensee and efforts to correct violations
. The Director will
				assess a monetary penalty upon finding that the violation recurred or
				continued, is widespread throughout the facility or evidences flagrant
				violation of the Act or this Part.
3)
Any previous violations committed
				by the licensee
. The Director will assess a penalty upon finding that
				the facility has been cited for similar violations and has failed to correct
				those violations as promptly as practicable or has failed to exercise diligence
				in taking necessary corrective action. The Director will also consider the
				compliance history of the facility for previous violations. Any change in the
				ownership and management of the facility will be considered in relation to the
				seriousness of previous violations.
4)
The financial benefit to the
				facility of committing or continuing the violation
. These benefits
				include, but are not limited to, diversion of costs associated with physical
				plant repairs, staff salaries, consultant fees or direct patient care services.
				(Section 3-306 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.288 - Reduction or Waiver of Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Reductions for all types of violations subject to penalties.
1) The Director shall consider the factors
				contained in Section 350.287 in determining whether to reduce the amount of the
				penalty to be assessed from the amount calculated pursuant to Section
				350.282
				and in determining the amount of the reduction.
2) When the Director finds that correction of
				a violation required capital improvements or repairs in the physical plant of
				the facility and the facility has a history of compliance with physical plant
				requirements, the penalty will be reduced by the amount of the cost of the
				improvements or repairs. This reduction, however, shall not reduce the penalty
				for a Type "A" violation to an amount less than $1000.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.300 - Alcoholism Treatment Programs in Long-Term Care Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) A facility that
				desires to provide an alcoholism treatment program shall first receive written
				approval from the Department. Approval will be granted only if the facility can
				demonstrate that the program will not interfere in any way with the residents
				in the other parts of the facility.
b) Any alcoholism treatment program in a
				facility shall meet the requirements of the Alcoholism and Substance Abuse
				Treatment and Intervention Licenses Code and the Substance Use Disorder
				Act.
c) The alcoholism treatment
				program shall be in a separate distinct part of the facility, and shall include
				all beds in that distinct part. It shall be separated from the rest of the
				facility, and have separate entrances.
d) Beds designated for alcoholism treatment
				shall not be used for long-term care residents, nor shall beds designated for
				long-term care residents be used for residents undergoing treatment for
				alcoholism.
e) The alcoholism
				treatment program staff shall not perform services in the long-term care
				distinct part of the facility, nor shall long-term care program staff provide
				any services in the alcoholism treatment designated area.
f) Joint use of laundry, food service,
				housekeeping and administrative services is permitted, provided prior written
				approval is obtained from the Department. Approval will be granted only if the
				facility can demonstrate that joint usage will not interfere in any way with
				the residents in other distinct of the facility.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.310 - Department May Survey Facilities Formerly Licensed

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may survey any former facility that
				  once held a license to ensure that the facility is not again operating without
				  a license.
(Section 3-107 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.320 - Waivers

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Upon
				application by a facility, the Director may grant or renew the waiver of the
				facility's compliance with a rule or standard for a period not to exceed the
				duration of the current license or, in the case of an application for license
				renewal, the duration of the renewal period.
(Section 3-303.1 of the
				Act)
b)
The waiver may be
				conditioned upon the facility taking action prescribed by the Director as a
				measure equivalent to compliance.
(Section 3-303.1 of the
				Act)
c)
In determining
				whether to grant or renew a waiver, the Director shall consider:
1)
The duration and basis for any
				current waiver with respect to the same rule or standard and the validity and
				effect upon patient health and safety of extending it on the same
				basis;
2)
The
				effect upon the health and safety of residents;
3)
The quality of resident
				care
(whether the waiver would reduce the overall quality of the
				resident care below that required by the Act or this Part);
4)
The facility's history of
				compliance with
the Act and this Part the Act and this Part (the
				existence of a consistent pattern of violation of the Act or this Part);
				and
5)
The facility's
				attempts to comply with the particular rule or standard in question.
(Section 3-303.1 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart B - ADMINISTRATION › Section 350.510 - Administrator

Current through Register Vol. 48, No. 28, July 12, 2024
a) An administrator
				licensed under the Nursing Home Administrators Licensing and Disciplinary Act
				shall be employed full-time for each facility. The licensee shall report any
				change in administrator to the Department within five days after any
				change.
b) The Department will
				consider the administrator, or the licensed or certified person designated in
				writing by the administrator to be in charge of the facility in the
				administrator's absence.
c) The
				administrator shall arrange for facility supervisory personnel to annually
				attend appropriate educational programs on supervision, nutrition, and other
				pertinent subjects.
d) The
				administrator shall appoint in writing a member of the facility staff to
				coordinate the establishment of, and render assistance to, the residents'
				advisory council.
e) The licensee
				and the administrator shall be familiar with this Part. They shall be
				responsible for seeing that the requirements of this Part are met in the
				facility and that employees are familiar with those requirements according to
				the level of their responsibilities.
f) If the facility has an assistant
				administrator, the facility shall inform the Department of the name and dates
				of employment and termination of this person. This will provide documentation
				of service to qualify for a license under the Nursing Home Administrators
				Licensing and Disciplinary Act.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.610 - Management Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				facility's governing body shall exercise general direction of the facility, and
				shall establish the broad policies and procedures for the facility related to
				its purpose, objectives, operation, and the welfare of the residents
				served.
b) There shall be
				established a table of organization showing the major operating programs of the
				facility, with staff divisions, the administrative personnel in charge of
				programs and divisions, and their lines of authority, responsibilities and
				communication.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.620 - Resident Care Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				facility shall have written policies and procedures governing all services
				provided by the facility which shall be formulated with the involvement of the
				administrator. The policies shall be available to the staff, residents and the
				public. These written policies shall be followed in operating the facility and
				shall be reviewed at least annually. (B)
b) These policies shall include:
1) A written statement of the philosophy,
				objectives and goals the facility is striving to achieve,
2) A written statement linking the facility's
				role to the "State Plan for the Developmentally Disabled," as prepared by and
				available from the Governor's Planning Council for Developmental
				Disabilities,
3) A written
				statement of the facility's goals for its residents,
4) A written statement of the facility's
				concept of its relationship to the parents of its residents or to the
				surrogates,
5) A written statement
				concerning admission, transfer, and discharge of residents including categories
				of residents accepted and not accepted, residents that will be transferred or
				discharged, and other policies of the facility.
6) A written statement for resident care
				services including physician services, emergency services, personal care and
				nursing services, restorative services, activity services, pharmaceutical
				services, dietary services, social services, resident records, dental services,
				and diagnostic service (including laboratory and x-ray), (B)
7) All the information contained in the
				policies shall be available to consumer representatives, the public, staff,
				residents, and for review by Department personnel.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.635 - Identified Offenders

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				facility shall review the results of the criminal history background checks
				immediately upon receipt of the checks.
b) The facility shall be responsible for
				taking all steps necessary to ensure the safety of residents while the results
				of a name-based background check or a fingerprint-based check are pending;
				while the results of a request for a waiver of a fingerprint-based check are
				pending; and/or while the Identified Offender Report and Recommendation is
				pending.
c)
If the results
				of a resident's criminal history background check reveal that the resident is
				an identified offender as defined in Section 1-114.01 of
the
Act, the facility shall do the following:
1)
Immediately notify the Department
				of State Police, in the form and manner required by the Department of State
				Police, in collaboration with the Department of Public Health, that the
				resident is an identified offender.
2)
Within 72 hours, arrange for a
				fingerprint-based criminal history record inquiry to be requested on the
				identified offender resident. The inquiry shall be based on the subject's name,
				sex, race, date of birth, fingerprint images, and other identifiers required by
				the Department of State Police. The inquiry shall be processed through the
				files of the Department of State Police and the Federal Bureau of Investigation
				to locate any criminal history record information that may exist regarding the
				subject. The Federal Bureau of Investigation shall furnish to the Department of
				State Police, pursuant to an inquiry under this
subsection (c)(2),
any criminal history record information contained in its
				files
.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.636 - Discharge Planning for Identified Offenders

Current through Register Vol. 48, No. 28, July 12, 2024
a)
If, based on the
security
				measures listed in the
Identified Offender Report and Recommendation, a
				facility determines that it cannot manage the identified offender resident
				safely within the facility, it shall commence involuntary transfer or discharge
				proceedings pursuant to Section 3-402
of the Act and Section
				350.3300(d).
				(Section 2-201.6(h) of the Act) The facility may initiate involuntary transfer
				or discharge proceedings if it determines, during the provisional admission
				period described in Section
				350.625(a)
				through (e), that it cannot manage the
				identified offender safely within the facility.
b) All discharges and transfers shall be in
				accordance with Section 350.3300.
c) When a resident who is an identified
				offender is discharged, the discharging facility shall notify the
				Department.
d) A facility that
				admits or retains an identified offender shall have policies and procedures in
				place for discharging an identified offender for reasons related to the
				individual's status as an identified offender, including, but not limited to:
1) The facility's inability to meet the needs
				of the resident, based on Section
				350.635 and
				subsection (a);
2) The facility's
				inability to provide the security measures necessary to protect facility
				residents, staff and visitors; or
3) The physical safety of the resident, other
				residents, the facility staff, or facility visitors.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.637 - Transfer of an Identified Offender

Current through Register Vol. 48, No. 28, July 12, 2024
a)
If, based on the
security measures listed in the
Identified Offender Report and Recommendation, a facility determines
				that it cannot manage the identified offender resident safely within the
				facility, it shall commence involuntary transfer or discharge proceedings
				pursuant to Section 3-402
of the Act and Section
				350.3300(d).
				(Section 2-201.6(h) of the Act) The facility also may initiate involuntary
				transfer or discharge proceedings if it determines, during the provisional
				admission period described in Section
				350.625(a)
				through (e), that it cannot manage the
				identified offender safely within the facility.
b) All discharges and transfers shall be in
				accordance with Section 350.3300.
c) When a resident who is an identified
				offender is transferred to another facility regulated by the Department, the
				Department of Healthcare and Family Services, or the Department of Human
				Services, the transferring facility shall notify the Department and the
				receiving facility that the individual is an identified offender before making
				the transfer.
d) Notification shall
				include all of the documentation required under Section
				350.635 and
				subsection (a), and the transferring facility shall provide this documentation
				to the receiving facility to complete the discharge planning.
e) If the following information has been
				provided to the transferring facility from the Department of Corrections, the
				transferring facility shall provide copies to the receiving facility before
				making the transfer:
1)
The mittimus
				and any pre-sentence investigation reports
;
2)
The social evaluation prepared
				pursuant to Section 3-8-2
of the Unified Code of
				Corrections;
3)
Any
				pre-release evaluation conducted pursuant to subsection (j) of Section
				3-6-2
of the Unified Code of Corrections;
4)
Reports of disciplinary
				infractions and dispositions
;
5)
Any parole plan, including orders
				issued by the Illinois Prisoner Review Board and any violation reports and
				dispositions
; and
6)
The name and contact information for the assigned parole agent and
				parole supervisor
. (Section 3-14-1 of the Unified Code of
				Corrections)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.640 - Contract Between Resident and Facility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Contract Execution
1)
Before a person is admitted to a
				facility, or at the expiration of the period of previous contract, or when the
				source of payment for the resident's care changes from private to public funds
				or from public to private funds, a written contract shall be executed between a
				licensee and the following in order of priority
:
A)
The person, or if the person is a
				minor, his parent or guardian; or
B)
The person's guardian, if any, or
				agent, if any, as defined in Section 2-3 of the Illinois Power of Attorney Act;
				or
C)
A member of
				the person's immediate family.
(Section 2-202(a) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.650 - Residents' Advisory Council

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Each facility shall establish a residents' advisory council
consisting of at least five resident members. If there are not five residents
				capable of functioning on the residents' advisory council, as determined by the
				Interdisciplinary Team and based upon evaluations of the comprehensive
				functional assessments, residents' representatives shall take the place of the
				required number of residents.
The administrator shall designate a
				member of the facility staff
(other than the administrator)
to
				coordinate the establishment of, and render assistance to, the
				council.
(Section 2-203 of the Act)
b) Each facility shall develop and implement
				a plan for assuring a liaison with concerned individuals and groups in the
				local community. Ways in which this requirement can be met include, but are not
				limited to, the following:
1) Including
				community members such as volunteers, family members, residents' friends,
				residents' advocates, or community representatives on the council;
2) Establishing a separate community advisory
				group with persons of the residents' choosing; or
3) Finding a church or civic group to "adopt"
				the facility.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.660 - General Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				facility shall have policies and procedures, established in writing, that
				protect the financial interests of residents and when large sums of money
				accrue to a resident, provide for counseling the resident concerning its use,
				and for appropriate protection of such money. These policies and procedures
				shall permit normalized and normalizing possession and use of money by
				residents for work payment and property administration as, for example, in
				performing cash and check transactions, and in buying clothes and other
				items.
b) The facility shall allow
				daily visiting between 10 A.M. and 8 P.M.
c) Residents occupying any bedroom shall be
				of the same sex except in the case of a room occupied by husband and
				wife.
d) There shall be no resident
				traffic through a resident's room by residents to reach any other area of the
				building.
e) The facility shall
				provide for the registration and disposition of complaints without threat of
				discharge or other reprisal against any employee or resident.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.670 - Personnel Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				facility shall develop and maintain written personnel policies that are
				followed in the operation of the facility. These policies shall include, at a
				minimum, each of the requirements of this Section.
b) Employee Records
1) Employment application forms shall be
				completed for each employee and kept on file in the facility. Completed forms
				shall be available to Department personnel for review.
2) Individual personnel files for each
				employee shall contain date of birth; home address; educational background;
				experience, including types and places of employment; date of employment and
				position employed to fill in this facility; and (if no longer employed in this
				facility) last date employed and reasons for leaving.
3) Individual personnel files for each
				employee shall also contain health records, including the initial health
				evaluation and the results of the tuberculin skin test required under Section
				350.675,
				and any other pertinent health records.
4) Individual personnel records for each
				employee shall also contain performance evaluation records.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.671 - Whistleblower Protection

Current through Register Vol. 48, No. 28, July 12, 2024
a) For the
				purposes of this Section,
"retaliatory action" means the reprimand,
				discharge, suspension, demotion, denial of promotion or transfer, or change in
				the terms and conditions of employment of any employee of a facility that is
				taken in retaliation for the employee's involvement in a protected activity as
				set forth in
Section 3-810 of the Act and this Section 350.671.
				(Section 3-810(a) of the Act)
b)
A facility shall not take any retaliatory action against an employee of
				the facility, including a nursing home administrator, because the employee does
				any of the following
:
1)
Discloses or threatens to disclose to a supervisor or to a public body
				an activity, inaction, policy, or practice implemented by a facility that the
				employee reasonably believes is in violation of a law, rule, or
				regulation
.
2)
Provides information to or testifies before any public body conducting
				an investigation, hearing, or inquiry into any violation of a law, rule, or
				regulation by a nursing home administrator
.
3)
Assists or participates in a
				proceeding to enforce the provisions of
the
Act
.
				(Section 3-810(b) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.675 - Initial Health Evaluation for Employees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each employee shall have an initial health
				evaluation which shall be used to insure that employees are not placed in
				positions which would pose undue risk of infection to themselves, other
				employees, residents, or visitors.
b) The initial health evaluation shall be
				conducted not more than 30 days prior to the employee beginning employment in
				the facility. The evaluation shall be completed not more than 30 days after the
				employee begins employment in the facility.
c) The initial health evaluation shall
				include a health inventory. This inventory shall be obtained from the employee
				and shall include the employee's immunization status and any available history
				of conditions which would predispose the employee to acquiring or transmitting
				infectious diseases. This inventory shall include any history of exposure to,
				or treatment for, tuberculosis. The inventory shall also include any history of
				hepatitis, dermatologic conditions, or chronic draining infections or open
				wounds.
d) The initial health
				evaluation shall include a physical examination. The examination shall include
				at a minimum any procedures needed in order to:
1) Detect any unusual susceptibility to
				infection and any conditions which would increase the likelihood of the
				transmission of disease to residents, other employees, or visitors.
2) Determine that the employee appears to be
				physically able to perform the job function which the facility intends to
				assign to the employee.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.680 - Direct Support Persons (DSP)

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A facility shall not employ an individual as a nursing assistant,
				habilitation aide, home health aide
, a developmental disabilities
				aide, or a direct support person
, or newly hired as an individual who
				may have access to a resident, a resident's living quarters, or a resident's
				personal, financial, or medical records, unless the facility has checked the
				Department's Health Care Worker Registry and the individual is listed on the
				Health Care Worker Registry as eligible to work for a health care employer. The
				facility shall not employ an individual as a nursing assistant, habilitation
				aide,
a developmental disabilities aide, or a direct support person,
if that individual is not on the registry unless the individual is
				enrolled in a training program under
Section 3-206 (a)(5) of the Act
				and Section 350.683. (Section 3-206.01 of
				the Act)
b) Each of the facility's
				DSPs shall comply with one of the following conditions no later than 45 days
				after the date of initial employment:
1) Is
				active on the Department's Health Care Worker Registry and has met the training
				or equivalency requirements of Section 350.683.
2)
Begin a current course of training
				for nursing assistants or habilitation aides, approved by the Department within
				45 days
after
initial employment
(see 77 Ill. Adm.
				Code 395).
The training shall be successfully completed within 120 days
				after initial employment
.
Nursing assistants, habilitation
				aides, and child care aides who are enrolled in approved courses in community
				colleges or other educational institutions on a term, semester or trimester
				basis, shall be exempt from the 120-day completion time limit
.
				(Section 3-206(a)(5) of the Act)
3)
				Submits documentation pursuant to Section
				350.683 to be placed on the
				Health Care Worker Registry as a nursing assistant, habilitation aide, DSP, or
				developmental disabilities aide.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.681 - Health Care Worker Background Check

Current through Register Vol. 48, No. 28, July 12, 2024
A facility shall comply with the Health Care Worker
				  Background Check Act and the Health Care Worker Background Check
				  Code.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.682 - Resident Attendants

Current through Register Vol. 48, No. 28, July 12, 2024
a)
As used in this Section, "resident attendant" means an individual who
				assists residents in a facility with the following activities:
1)
eating and drinking;
				and
2)
personal
				hygiene limited to washing a resident's hands and face, brushing and combing a
				resident's hair, oral hygiene, shaving residents with an electric razor, and
				applying makeup.
(Section 3-206.03(a) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.683 - Registry of Direct Support Persons

Current through Register Vol. 48, No. 28, July 12, 2024
a) To be placed on the Health Care Worker
				Registry as a DSP, an individual shall either complete the required training or
				submit documentation of equivalency, as follows:
1) An individual will be placed on the Health
				Care Worker Registry as a DSP when he/she has successfully completed a training
				program approved in accordance with the Long-Term Care Assistants and Aides
				Training Programs Code, and has met the criminal history records check
				requirements pursuant to the Health Care Worker Background Check Act and the
				Health Care Worker Background Check Code; or
2) An individual will be placed on the Health
				Care Worker Registry as a DSP if he/she has met the criminal history records
				check requirements pursuant to the Health Care Worker Background Check Act and
				the Health Care Worker Background Check Code, and submits documentation
				supporting one of the following equivalencies:
A) Current registration from another state as
				a developmental disabilities aide;
B) Successful completion of a developmental
				disabilities aide training course approved by another state as evidenced by a
				diploma, certification, or other written verification from the school. The
				documentation must demonstrate that the course is equivalent to, or exceeds,
				the requirements for DSPs in the Department's 77 Ill. Adm. Code 395;
				or
C) Successful completion of a
				Mental Health Technician Training Program conducted by the Department of Human
				Services.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.685 - Student Interns

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
				person who meets the definition of student intern in Section
				350.330
				shall be required to complete a current course of training for developmental
				disabilities aides.
b) The facility
				may utilize student interns to perform basic developmental disabilities aide
				practices (see 77 Ill. Adm. Code
				395.310 ),
				but shall not allow interns to provide rehabilitation nursing (see 77 Ill. Adm.
				Code
				300.1210(b)
				), in-bed bathing, assistance with skin care, foot care, or to administer
				enemas, except under the direct, immediate supervision of a licensed
				nurse.
c) No facility shall have
				more than fifteen percent of its developmental disabilities aide staff
				positions held by student interns.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.690 - Disaster Preparedness

Current through Register Vol. 48, No. 28, July 12, 2024
a) For
				the purpose of this Section only, "disaster" means an occurrence, as a result
				of a natural force or mechanical failure such as water, wind or fire, or a lack
				of essential resources such as electrical power, that poses a threat to the
				safety and welfare of residents, personnel, and others present in the
				facility.
b) Each facility shall
				have policies covering disaster preparedness, including a written plan for
				staff, residents and others to follow. The plan shall include, but not be
				limited to, the following:
1) Proper
				instruction in the use of fire extinguishers for all personnel employed on the
				premises;
2) A diagram of the
				evacuation route, which shall be posted and made familiar to all personnel
				employed on the premises;
3) A
				written plan for moving residents to safe locations within the facility in the
				event of a tornado warning or severe thunderstorm warning; and
4) An established means of facility
				notification when the National Weather Service issues a tornado or severe
				thunderstorm warning that covers the area in which the facility is located. The
				notification mechanism shall be other than commercial radio or television.
				Approved notification measures include being within range of local tornado
				warning sirens, an operable National Oceanic and Atmospheric Administration
				weather radio in the facility, or arrangements with local public safety
				agencies (police, fire, emergency management agency) to be notified if a
				warning is issued.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.691 - Electronic Monitoring

Current through Register Vol. 48, No. 28, July 12, 2024
A facility shall comply with Section 2-116 and subsections
				  3-318(a)(8) and (9) of the Act, with the Authorized Electronic Monitoring in
				  Long-Term Care Facilities Act, and with the Authorized Electronic Monitoring in
				  Long-Term Care Facilities Code.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.700 - Incidents and Accidents

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				facility shall maintain a file of all written reports of each incident and
				accident affecting a resident that is not the expected outcome of a resident's
				condition or disease process. A descriptive summary of each incident or
				accident affecting a resident shall also be recorded in the progress notes or
				nurse's notes of that resident
b)
				The facility shall notify the Department of any serious incident or accident.
				For purposes of this Section, "serious" means any incident or accident that
				causes physical harm or injury to a resident.
c) The facility shall, by fax or phone,
				notify the Regional Office within 24 hours after each reportable incident or
				accident. If the facility is unable to contact the Regional Office, it shall
				notify the Department's toll-free complaint registry hotline. The facility
				shall send a narrative summary of each reportable accident or incident to the
				Department within seven days after the occurrence.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.750 - Contacting Local Law Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
a) For the purpose of this Section, the
				following definitions shall apply:
1) "911" -
				an emergency answer and response system in which the caller need only dial
				9-1-1 on a telephone to obtain emergency services, including police, fire,
				medical ambulance and rescue.
2)
				Physical abuse - see Section
				350.330.
3) Sexual abuse - sexual penetration,
				intentional sexual touching or fondling, or sexual exploitation (i.e., use of
				an individual for another person's sexual gratification, arousal, advantage, or
				profit).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 350.760 - Infection Control

Current through Register Vol. 48, No. 28, July 12, 2024
a) Policies and
				procedures for investigating, controlling, and preventing infections in the
				facility shall be established and followed. The policies and procedures shall
				be consistent with and include the requirements of the Control of Communicable
				Diseases Code (77 Ill. Adm. Code 690) and Control of Sexually Transmissible
				Diseases Code (77 Ill. Adm. Code 693). Activities shall be monitored to ensure
				that these policies and procedures are followed.
b) A group, i.e., an infection control
				committee, quality assurance committee, or other facility entity, shall
				periodically review the results of investigations and activities to control
				infections.
c) Depending on the
				services provided by the facility, each facility shall adhere to the following
				guidelines of the Center for Infectious Diseases, Centers for Disease Control
				and Prevention, United States Public Health Service, Department of Health and
				Human Services, as applicable (see Section
				350.340 ):
1) Guideline for Prevention of
				Catheter-Associated Urinary Tract Infections
2) Guideline for Hand Hygiene in Health-Care
				Settings
3) Guidelines for
				Prevention of Intravascular Catheter-Related Infections
4) Guideline for Prevention of Surgical Site
				Infection
5) Guideline for
				Prevention of Nosocomial Pneumonia
6) Guideline for Isolation Precautions in
				Hospitals
7) Guidelines for
				Infection Control in Health Care Personnel
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart D - PERSONNEL › Section 350.810 - Personnel

Current through Register Vol. 48, No. 28, July 12, 2024
a) The facility
				shall have staff sufficient in number and qualifications on duty 24 hours each
				day to provide services that meet the total needs of the residents. At a
				minimum, there shall be at least one staff member awake dressed and on duty at
				the facility at all times.
b)
				Regardless of the organization or design of resident living units, the minimum
				direct care staff to resident ratios are as follows:
1) For units that include any of the
				following types of residents, the staff-to-resident ratio shall be two and
				one-half hours of care per day per resident:
A) children under the age of six
				years,
B) severely and profoundly
				intellectually disabled,
C)
				severely physically handicapped, and
D) residents who are aggressive, assaultive,
				or security risks, or who manifest severely hyperactive or psychotic
				behavior.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart D - PERSONNEL › Section 350.820 - Consultation Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				facility shall have all arrangements for each consultant's services in a
				written agreement setting forth the services to be provided. These agreements
				shall be updated annually.
b) The
				facility shall designate a staff member to provide social services to
				residents. If the staff member designated to provide social services is not a
				social worker, the facility shall have an effective arrangement with a social
				worker to provide social services consultation.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart D - PERSONNEL › Section 350.840 - Employee Assistance Program

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				For the purposes of this Section, an "employee assistance program" is a program
				that supports individual physical and mental well-being and that is provided by
				the facility or through an insurance or employee benefits program offered by
				the facility. Employee assistance programs may include but are not limited to
				programs that offer professional counseling, stress management, mental wellness
				support, smoking cessation, and other support services.
b)
A facility shall ensure that
				nurses employed by the facility are aware of employee assistance programs or
				other like programs available for the physical and mental well-being of the
				employee.
c)
The
				facility shall provide information on these programs, no less than at the time
				of employment and during any benefit open enrollment period, by an information
				form about the respective programs that a nurse
shall
sign
				during on boarding at the facility,
and upon request of the
				employee.
d)
The signed
				information form shall be added to the nurse's personnel file. The facility may
				provide this information to nurses electronically.
Section 3-613 of
				the Act from P.A. 102-1007)