reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.270 - Monitor and Receivership

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department may place an employee or agent to serve as a monitor in a facility
				when any of the following conditions exist:
1) The facility is operating without a
				license;
2) The Department has
				suspended, revoked or refused to renew the existing license of the
				facility;
3) The facility is
				closing or has informed the Department that it intends to close and adequate
				arrangements for relocation of residents have not been made at least 30 days
				prior to closure;
4) The Department
				determines that an emergency exists, whether or not it has initiated revocation
				or nonrenewal procedures, if because of the unwillingness or inability of the
				licensee to remedy the emergency the Department believes a monitor is
				necessary; as used in this subsection, "emergency" means a threat to the
				health, safety or welfare of a resident that the facility is unwilling or
				unable to correct; or
5) The
				Department receives notification that the facility is terminated or will not be
				renewed for participation in the federal reimbursement program under either
				Title XVIII (Medicare) or Title XIX (Medicaid) of the Social Security Act.
				(Section 3-501 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.272 - Determination to Issue a Notice of Violation or Administrative Warning

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt of
				a report of an inspection, survey or evaluation of a facility, the Director or
				his or her designee will review the findings contained in the report to
determine whether the report's findings constitute a violation or
				violations of which the facility must be given notice
. All
				information, evidence, and observations made during an inspection, survey, or
				evaluation will be considered findings or deficiencies. (Section 3-212(c) of
				the Act)
b) In making this
				determination, the Director or his or her designee will consider any
comments and documentation provided by the licensee
within 10 days
after
receipt of the copy of
				the
report
in accordance with Section
				300.200(c).
				(Section 3-212(c) of the Act)
c) In
				determining whether the findings warrant the issuance of a notice of violation,
				the Director or his or her designee will base his or her determination on the
				following factors:
1)
The severity of
				the finding
. The Director or his or her designee will consider whether
				the finding constitutes a technical non-substantial error or whether the
				finding is serious enough to constitute an actual violation of the intent and
				purpose of the Act or this Part.
2)
The danger posed to resident health and safety.
The Director
				or his or her designee will consider whether the finding could pose any direct
				harm to the residents.
3)
The diligence and efforts to correct deficiencies and correction of
				reported deficiencies by the facility
. The Director or his or her
				designee will consider
comments and documentation provided by the
				facility
evidencing that steps have been taken to correct reported
				findings and to insure a reduction of deficiencies.
4)
The frequency and duration of
				similar findings in previous reports and the facility's general inspection
				history
. The Director or his or her designee will consider whether the
				same finding or a similar finding relating to the same condition or occurrence
				has been included in previous reports and the facility has allowed the
				condition or occurrence to continue or to recur. (Section 3-212(c) of the
				Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.274 - Determination of the Level of a Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a) After determining that issuance of a
				notice of violation is warranted and prior to issuance of the notice, the
				Director or his or her designee will review the findings that are the basis of
				the violation, and any comments and documentation provided by the facility, to
				determine the level of the violation. Each violation shall be determined to be
				either a level AA, a level A, a level B, or a level C violation based on the
				criteria in this Section.
b) The
				following definitions of levels of violations shall be used in determining the
				level of each violation:
1) A "level AA
				violation" or a "Type AA violation" is a violation of the Act or this Part
				which creates a condition or occurrence relating to the operation and
				maintenance of a facility that proximately caused a resident's death. (Section
				1-128.5 of the Act)
2) A "level A
				violation" or "Type A violation" is a violation of the Act or this Part which
				creates a condition or occurrence relating to the operation and maintenance of
				a facility that creates a substantial probability that the risk of death or
				serious mental or physical harm will result therefrom or has resulted in actual
				physical or mental harm to a resident. (Section 1-129 of the Act)
3) A "level B violation" or "Type B
				violation" is a violation of the Act or this Part which creates a condition or
				occurrence relating to the operation and maintenance of a facility that is more
				likely than not to cause more than minimal physical or mental harm to a
				resident. (Section 1-130 of the Act)
4) A "level C violation" or "Type C
				violation" is a violation of the Act or this Part which creates a condition or
				occurrence relating to the operation and maintenance of a facility that creates
				a substantial probability that less than minimal physical or mental harm to a
				resident will result therefrom. (Section 1-132 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.276 - Notice of Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Each notice of violation shall be in writing and shall contain the
				following information:
1) A
				description of
the nature of the violation.
2) A citation of the specific
statutory provision or rule alleged
by the Department
to have been violated
. (Section 3-301 of the Act)
3) A statement of the level of the violation
				as determined pursuant to Section
				300.274.
4) One of the following requirements for
				corrective action:
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.
In setting this
				period, the Department will consider whether harm to residents of the facility
				is imminent, whether necessary precautions can be taken to protect residents
				before the corrective action is completed, and whether delay would pose
				additional risks to the residents.
B)
At the time of issuance of a
				notice of a Type "B" violation, the Department shall request a plan of
				correction which is subject to the Department's approval. The facility shall
				have 10 days after receipt of notice of violation in which to prepare and
				submit a plan of correction.
(Section 3-303 of the Act)
5) A statement that the Department
				may take additional action under the Act, including assessment of penalties or
				licensure action.
6) A description
				of the licensee's right to appeal the notice and its right to a
				hearing.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.277 - 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 that 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 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.278 - 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
				300.277(d)
				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
				300.120(e)
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. Evidence of the assessment and evaluation shall be
				maintained by the facility. 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.
3) A specific date by which the corrective
				action will be completed.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.280 - 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
				300.278 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 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.286 - Notice of Penalty Assessment; Response by Facility

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Director or his or her designee
				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
				300.282.
2) The amount of any reduction or whether the
				penalty has been waived pursuant to Section
				300.288.
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
that the facility has 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)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.287 - Consideration of Factors for Assessing Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
At any hearing requested by a facility that challenges the
				  appropriateness of any penalty imposed by the Department, the facility may
				  present evidence as to any or all of the following factors. The Director or his
				  or her designee will then consider any such evidence presented by the facility,
				  or any evidence otherwise available to the Department, regarding the following
				  factors 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.
a) 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 or his or her designee finds that
				death or serious physical or mental harm to a resident has occurred or that the
				facility has knowingly subjected residents to potential serious harm.
b) The reasonable diligence exercised by the
				licensee and efforts to correct violations. The Director or his or her designee
				will assess a monetary penalty if he or she finds that the violation recurred
				or continued, is widespread throughout the facility or evidences flagrant
				violation of the Act or this Part.
c) Any previous violations committed by the
				licensee. The Director or his or her designee will assess a penalty when he or
				she finds 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 or his
				or her designee will also consider any evidence that the violations constitute
				a pattern of deliberate action by the facility. The extent of any change in the
				ownership and management of the facility will be considered in relation to the
				seriousness of previous violations.
d) 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 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.288 - 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 or his designee shall
				consider the factors contained in Section
				300.286(a)
				in determining whether to reduce the amount of the penalty to be assessed from
				the amount calculated pursuant to Section
				300.284
				and in determining the amount of such reduction.
2) When the Director or his designee 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 level A violation to an amount less than
				$1000.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.300 - Alcoholism Treatment Programs In Long-Term Care Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) A long-term care
				facility that desires to provide an alcoholism treatment program must first
				receive written approval from the Department. Such approval will be granted
				only if it can be shown that such program will not interfere in any way with
				the residents in the other parts of the facility.
b) Any alcoholism treatment program in a
				long-term care facility must meet the program standards of the rules for
				Alcoholism and Substance Abuse Treatment, Intervention and Research Programs
				(77 Ill. Adm. Code 2058), as promulgated by the Illinois Department of
				Alcoholism and Substance Abuse under the Illinois Alcoholism and Other Drug
				Dependency Act (Ill. Rev. Stat. 1987, ch. 1111/2, par. 6351-1 et
				seq.).
c) The alcoholism treatment
				program must be in a completely separate distinct part of the long-term care
				facility, and must include all beds in that distinct part. It must be
				completely separated from the rest of the facility, and have separate
				entrances.
d) Beds designated for
				alcoholism treatment cannot be used for long-term care residents, nor can beds
				designated for long-term care residents be used for residents undergoing
				treatment for alcoholism.
e) The
				alcoholism treatment program staff will not be utilized in performing services
				in the long-term care area of the facility, nor will long-term care program
				staff be utilized to provide any services in the alcoholism treatment
				designated area.
f) There may be
				joint use of laundry, food service, housekeeping and administrative services,
				provided written approval is obtained from the Department. Such approval will
				be granted only if it can be shown that such joint usage will not interfere in
				any way with the residents in other parts of the facility.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.310 - Department may Survey Facilities Formerly Licensed

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may survey any former facility which once held
				  a license to insure that the facility is not operating without a license.
				  (Section 3-107 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.320 - 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;
2) the continued validity
				of extending the waiver on the same basis;
3) the effect upon the health and safety of
				residents;
4) 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);
5) the facility's history of compliance with
				the Act and this Part (the existence of a consistent pattern of violation of
				the Act or this Part); and
6) 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 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart B - ADMINISTRATION › Section 300.510 - Administrator

Current through Register Vol. 48, No. 28, July 12, 2024
a) There shall be
				an administrator licensed under the Nursing Home Administrators Licensing and
				Disciplinary Act (Ill. Rev. Stat. 1987, ch. 111, par. 3651 et seq.) full-time
				for each licensed facility. The licensee will report any change in
				administrator to the Department, within five days.
b) The administrator shall delegate in
				writing adequate authority to a person at least 18 years of age who is capable
				of acting in an emergency during his or her absence. Such administrative
				assignment shall not interfere with resident care and supervision. The
				administrator or the person designated by the administrator to be in charge of
				the facility in the administrator's absence, shall be deemed by the Department
				to be the agent of the license for the purpose of Section 3-212 of the Act,
				which requires Department staff to provide the licensee with a copy of their
				report before leaving the facility. (B)
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
				applicable regulations are met in the facility and that employees are familiar
				with those regulations according to the level of their responsibilities. (A,
				B)
f) If the facility has an
				assistant administrator, the Department shall be informed 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 (Ill. Rev. Stat. 1987, ch. 111, par. 3651 et
				seq.).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart C - POLICIES › Section 300.620 - Admission, Retention and Discharge Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a) All involuntary discharges and transfers
				shall be in accordance with Sections 3-401 through 3-423 of the Act.
b) An individual who needs services that are
				not readily available in a particular facility, or through arrangement with a
				qualified outside resource, shall not be admitted to or kept in that facility.
				The Department defines a "qualified outside source" as one recognized as
				meeting professional standards for services provided.
c) Each facility shall have a policy
				concerning the admission of persons needing prenatal and/or maternity care, and
				a policy concerning the keeping of such persons who become pregnant while they
				are residents of the facility. If these policies permit such persons to be
				admitted to or kept in the facility, then the facility shall have a policy
				concerning the provision of adequate and appropriate prenatal and maternity
				care to such individuals from in-house and/or outside resources. (See Section
				300.3220.)
d) No person shall be admitted to or kept in
				the facility:
1) Who is at risk because the
				person is reasonably expected to self-inflict serious physical harm or to
				inflict serious physical harm on another person in the near future, as
				determined by professional evaluation;
2) Who is destructive of property, if the
				destruction jeopardizes the safety of him/herself or others; or
3) Who is an identified offender, unless the
				requirements of Section
				300.615
				for new admissions and the requirements of Section
				300.625 are
				met.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart C - POLICIES › Section 300.625 - 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 these 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 theresident is an
				identified offender as defined inSection 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, 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 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart C - POLICIES › Section 300.626 - 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
				300.3300 of
				this Part. (Section 2-201.6(g) of the Act)
b) All discharges and transfers shall be
				pursuant to Section
				300.3300 of
				this Part.
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 in place policies and
				procedures for the discharge of 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
				300.625 of
				this Part and subsection (a) of this Section;
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 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart C - POLICIES › Section 300.627 - 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
				300.3300 of
				this Part. (Section 2-201.6(g) of the Act)
b) All discharges and transfers shall be
				pursuant to Section
				300.3300 of
				this Part.
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) This
				notification shall include all of the documentation required under Section
				300.625 of
				this Part and subsection (a) of this Section, and the transferring facility
				shall provide this information 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 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart C - POLICIES › Section 300.630 - 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 Section2-3 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 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart C - POLICIES › Section 300.640 - 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, residents' representatives shall take the place of the
				required number of residents. The administrator shall designate another 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) the inclusion of community members such as
				volunteers, family members, residents' friends, residents' advocates, or
				community representatives, etc. on the council;
2) the establishment of 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 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart C - POLICIES › Section 300.650 - 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 following requirements.
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) Facilities shall maintain a confidential
				medical file for each employee that shall contain health records, including the
				employee's vaccination and testing records, initial health evaluation and the
				results of the tuberculin skin test required under Section
				300.655,
				and any other pertinent health records.
4) Individual personnel records for each
				employee shall also contain records of evaluation of performance.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart C - POLICIES › Section 300.651 - 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
				300.651.
				(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 and this
				Part. (Section 3-810(b) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart C - POLICIES › Section 300.655 - 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 functions which the facility intends to
				assign to the employee.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart C - POLICIES › Section 300.660 - Nursing Assistants

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A facility shall not employ an individual as a nursing assistant, home
				health aide, psychiatric services rehabilitation aide, or newly hired as an
				individual who may have access to a resident, a resident's living quarters, or
				a resident's personal, financial, or medical records, nurse aide unless the
				facility has inquired of 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.
b)
The facility shall not employ an individual as a nursing assistant if
				that individual is not on the Health Care Worker Registry unless the individual
				is enrolled in a training program as defined in
Section 3-206(a)(5) of
				the Act. (Section 3-206.01(a) of the Act)
c) The facility shall ensure that each
				nursing assistant complies with one of the following conditions:
1) Is approved on the Department's Health
				Care Worker Registry. "Approved" means that the nurse aide has met the training
				or equivalency requirements of Section
				300.663 of this Part and does
				not have a disqualifying criminal background check without a waiver.
2) Within 120 days after initial employment,
				submits documentation to the Department in accordance with Section
				300.663 of this Part to be
				registered on the Health Care Worker Registry.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart C - POLICIES › Section 300.662 - 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 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart C - POLICIES › Section 300.663 - Registry of Certified Nursing Assistants

Current through Register Vol. 48, No. 28, July 12, 2024
a) An individual will be included on the
				Health Care Worker Registry as a certified nursing assistant when the
				individual has successfully completed a training program approved in accordance
				with the Long-Term Care Assistants and Aides Training Programs Code,
				successfully completes the required competency examination, and meets
				background check information required in Section
				300.661
				of this Part, and when there are no findings of abuse, neglect, or
				misappropriation of property in accordance with Section
				955.310
				of the Health Care Worker Background Check Code.
b) An individual who has not completed a
				Department-approved nurse aide training program in Illinois will be included on
				the Health Care Worker Registry as a certified nursing assistant if the
				individual has met background check information required in Section
				300.661
				of this Part and submits documentation supporting one of the following
				equivalencies:
1) Documentation of current
				registration from another state indicating that the requirements of
				42
				CFR 483.151-
				483.156
				have been met and that there are no documented findings of abuse, neglect, or
				misappropriation of property.
2)
				Documentation of successful completion of a nursing arts course (e.g., Basics
				in Nursing, Fundamentals of Nursing, Nursing 101) with at least 40 hours of
				supervised clinical experience in an accredited nurse training program as
				evidenced by a diploma, certificate or other written verification from the
				school and, within 120 days after employment, successful completion of the
				written portion of the Department-established certified nursing assistant
				competency test.
3) Documentation
				of successful completion of a United States military training program that
				includes the content of a Department-approved nurse aide training program as
				provided in 77 Ill. Adm. Code 395; at least 40 hours of supervised clinical
				experience, as evidenced by a diploma, certification, DD-214, or other written
				verification, and, within 120 days after employment, successful completion of
				the written portion of the Department-established certified nursing assistant
				competency test.
4) Documentation
				of completion of a nursing program in a foreign country, including the
				following, and, within 120 days after employment, successful completion of the
				written portion of the Department-established certified nursing assistant
				competency test:
A) A copy of the license,
				diploma, registration or other proof of completion of the program;
B) A copy of the Social Security card;
				and
C) Visa or proof of
				citizenship.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart C - POLICIES › Section 300.665 - Student Interns

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
				person who meets the definition of student intern in Section
				300.330 shall be
				required to complete a current course of training for nursing
				assistants.
b) The facility may
				utilize student interns to perform basic nursing assistant skills for which
				they have been evaluated and deemed competent by an approved evaluator using
				the State approved manual skills competency evaluation testing format and forms
				(see 77 Ill. Adm. Code
				395.300
				), but shall not allow interns to provide rehabilitation nursing (see Section
				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 nursing assistant staff positions held by student
				interns.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart C - POLICIES › Section 300.670 - 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.