reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart D - RESIDENT CARE AND SERVICES › Section 295.4060 - Alzheimer's and Dementia Programs

Current through Register Vol. 48, No. 28, July 12, 2024
a) In addition to this Section, Alzheimer and
				dementia programs shall comply with all of the other provisions of the Act.
				(Section 150(a) of the Act)
b) No
				person shall be admitted or retained in an assisted living or shared housing
				establishment if the establishment cannot provide or secure appropriate care,
				if the resident requires a level of service or type of service for which the
				establishment is not licensed or which the establishment does not provide, or
				if the establishment does not have the staff appropriate in numbers and with
				appropriate skill to provide such services. (Section 150(b) of the
				Act)
c) No persons shall be
				accepted for residency or remain in residence if the person's mental or
				physical condition has so deteriorated to render residency in such a program to
				be detrimental to the health, welfare or safety of the person or of other
				residents of the establishment. The assessment must be approved by the
				resident's physician and shall occur prior to acceptance for residency,
				annually, and at such time that a change in the resident's condition is
				identified by a family member, staff of the establishment, or the resident's
				physician. (Section 150(c) of the Act)
d) Individual residents shall be assessed
				prior to admission to the establishment using any one or a combination of the
				following assessment tools, based on the resident's condition and stage in the
				disease process:
1) Functional
A) Functional Activities Questionnaire
				(FAQ)
B) Physical Self-Maintenance
				Scale (PSMS); Activities of Daily Living
C) Instrumental Activities of Daily Living
				(IADL)
D) Clock Drawing Task
				(CDT)
E) Progressive Deterioration
				Scale (PDS)
F) Functional
				Assessment Staging (FAST)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart E - MEDICATIONS › Section 295.5000 - Medication Reminders, Supervision of Self-Medication, Medication Administration and Storage

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				establishment may provide medication reminders, supervision of
				self-administered medication, and medication administration as an optional
				service.
b) Medication reminders
				include:
1) Reminding residents to take
				pre-dispensed, self-administered medication;
2) Observing the resident; and
3) Documenting whether or not the resident
				took the medication.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart F - RESIDENT RIGHTS › Section 295.6010 - Abuse, Neglect, and Financial Exploitation Prevention and Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the
				establishment has a reasonable belief that a resident has been the victim of
				abuse, neglect, or financial exploitation, the establishment shall:
1) Notify the Department within 24 hours
				after receiving the allegation, by contacting the Assisted Living Complaint
				Registry by telephone, fax, or other electronic means. The establishment shall
				document this report and maintain documentation on the premises for 12 months
				after the date of the report.
2)
				Investigate and develop a written report within 14 days after the initial
				report. The establishment shall send the written report to the Department
				within 24 hours after it is completed and shall maintain a copy of the written
				report on the premises for 12 months after the date of the report.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart F - RESIDENT RIGHTS › Section 295.6030 - Resident's Representative

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Designation of a resident's representative may be accomplished through the
				Illinois Power of Attorney Act, pursuant to the guardianship process under the
				Probate Act of 1975, or pursuant to an executed designation of representative
				form specified by the Department. (Section 10 of the Act)
b) The Department and the establishment shall
				recognize the authority of a resident's representative designated in accordance
				with this Section, a legally appointed guardian, an agent designated by the
				resident pursuant to the Powers of Attorney for Health Care Law, or a surrogate
				decision maker appointed in accordance with the Health Care Surrogate
				Act.
c) The designation of a
				representative pursuant to the Department's form shall meet the following
				conditions:
1) The designation shall be in
				writing and be signed by the resident;
2) Documentation of the designation shall be
				provided to the establishment; and
3) The resident must be competent at the time
				of the designation.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart G - RESIDENT AND ESTABLISHMENT RECORDS › Section 295.7000 - Resident Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) Service
				delivery contracts and related documents executed by each resident or
				resident's representative shall be maintained by the establishment from the
				date of execution until three years after the date the contract is terminated.
				(Section 105 of the Act)
b) An
				establishment shall maintain a resident's record that contains at least the
				following:
1) The resident's name and Social
				Security number;
2) The date of the
				resident's acceptance into the establishment and the last address of the
				resident;
3) The names, addresses,
				and telephone numbers of the following:
A)
				The resident's representative, if applicable;
B) The resident's primary health care
				provider; and
C) An individual or
				relative to be contacted in the event of emergency, significant change in the
				resident's condition, or termination of residency;
4) The establishment contract and any
				amendments;
5) Documentation of
				orientation to the evacuation plan;
6) Notation of assessments and evaluations
				conducted pursuant to Section
				295.4000;
7) The service plan, its amendments and
				updates;
8) A health care
				directive, if disclosed and applicable;
9) Notation of known accidents, incidents or
				injuries;
10) Documentation of any
				significant change in a resident's behavior or physical, cognitive, or
				functional condition that would trigger an assessment or evaluation, and action
				taken by employees to address the resident's changing needs;
11) A written notice of termination of
				residency, if applicable;
12)
				Documentation of relocation assistance provided to the resident, if
				applicable;
13) A negotiated risk
				agreement, if applicable;
14) Any
				express waiver of confidentiality;
15) If applicable, letters of guardianship,
				the resident's representative designation form, or durable power of attorney
				for health care; and
16) Orders
				from a licensed health care provider for medication that is to be administered
				by the establishment.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart G - RESIDENT AND ESTABLISHMENT RECORDS › Section 295.7010 - Establishment Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				establishment shall maintain the following records:
1) Reports of known resident injury requiring
				a physician's intervention;
2)
				Reports of abuse, neglect, or financial exploitation that are submitted to the
				Department pursuant to Section
				295.6010;
3) Incident and accident reports that are
				required to be submitted to the Department;
4) Documentation of compliance with Section
				295.3040
				(Health Care Worker Background Check); and
5) Quality improvement program.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart H - FOOD SERVICE › Section 295.8000 - Food Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) If food
				service is provided by the establishment or by contract with a food service
				provider, the following requirements shall be met:
1) Food services shall meet the Food Service
				Sanitation Code (77 Ill. Adm. Code 750) and any applicable local
				requirements.
2) Establishments
				that provide or contract for therapeutic diets as an optional service to
				residents shall employ or contract with a dietician. A therapeutic diet means a
				diet ordered by a physician as part of a treatment for a disease or clinical
				condition, to eliminate or decrease certain substances in the diet, or to
				provide food in a form that the resident is able to eat. The dietician shall
				approve written menus and diet extensions, assess the resident's special diet
				needs, plan individual diets, and provide guidance to dietary staff in areas of
				preparation, service, and monitoring the resident's acceptance of the diet. The
				frequency of the dietician's visits shall be determined by the resident's
				dietary needs and the establishment's ability to implement the diet. Special
				dietary services may be considered an additional service requiring an
				additional fee.
3) Meals shall be
				nutritionally balanced. The establishment shall work with residents to
				accommodate residents' preferences.
4) Menus shall be planned and made available
				at least 48 hours in advance.
5)
				The establishment shall meet temporary needs for meals delivered to residents'
				rooms according to establishment policy.
6) Snacks, fruits and beverages shall be
				available to residents. This may be met by vending machines, appliances in the
				residents' rooms, or provision by the establishment.
7) A sufficient number of personnel shall be
				on duty to meet the dietary needs of the residents.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart I - PHYSICAL PLANT AND ENVIRONMENTAL REQUIREMENTS › Section 295.9000 - Physical Plant

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				establishment shall comply with
the residential board and care
				occupancies chapter of the National Fire Protection Association's (NFPA) Life
				Safety Code
(Life Safety Code)
101,
Chapter 32 for
				new establishments and Chapter 33 for existing establishments.
b) The establishment shall comply with
local and State building codes for the building type
and local
				ordinances, fire codes, and zoning requirements. In the case of a conflict
				between a local requirement and this Part, the more stringent requirement shall
				apply. The establishment may petition the Department for a determination as to
				which requirement is applicable. The Department shall respond within 30 days
				after receipt of the petition.
c)
				The establishment shall comply with the
accessibility standards of the
				Americans with Disabilities Act
(ADA Accessibility Guidelines).
				(Section 20(1) of the Act)
d) If
				the establishment is subject to the requirements of the Illinois Accessibility
				Code, it shall be deemed residential.
e) The water supply shall comply with all
				applicable State codes and local ordinances. Each establishment shall be served
				by:
1) Water from a municipal water system;
				or
2) A water supply that complies
				with the Department's Drinking Water Systems Code; or
3) A water supply that complies with the
				Department's Public Area Sanitary Practice Code.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart I - PHYSICAL PLANT AND ENVIRONMENTAL REQUIREMENTS › Section 295.9005 - Units

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each unit in the
				establishment shall include, at a minimum, the following:
1) A lockable door. The key to the unit is to
				be kept by the resident. The establishment shall keep a key to all lockable
				doors, to be used only in the case of an emergency situation. The door lock
				shall be capable of being disabled if required by the resident's service
				plan.
2) A telephone
				jack.
3) An emergency communication
				response system in place 24 hours each day by which a resident can notify
				building management, an emergency response vendor, or others able to respond to
				his or her need for assistance. (Section 10 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart I - PHYSICAL PLANT AND ENVIRONMENTAL REQUIREMENTS › Section 295.9010 - Supplemental Physical Plant Requirements for Assisted Living Establishments

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each unit shall
				have a bathroom that provides privacy when in use and that contains:
1) An operational toilet;
2) An operational sink, which may be provided
				in the same room as the toilet or in an adjacent room;
3) A bathtub or shower (new establishments
				only);
4) A mirror, unless the
				resident's service plan requires otherwise;
5) A means of ventilation or an operable
				window; and
6) Assistive devices
				such as grab bars, if identified in a resident's service plan, to provide for
				resident safety.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart I - PHYSICAL PLANT AND ENVIRONMENTAL REQUIREMENTS › Section 295.9020 - Supplemental Physical Plant Requirements for Shared Housing Establishments

Current through Register Vol. 48, No. 28, July 12, 2024
Shared housing establishments shall provide at least one tub
				  and/or shower for every six residents and one operational toilet and one sink
				  for every four residents. Each bathroom shall provide privacy when in use and
				  shall contain:
a) A mirror, unless the
				resident's service plan requires otherwise;
b) A means of ventilation or an operable
				window;
c) Nonporous surfaces for
				shower or tub enclosure and slip-resistant surfaces in tubs and showers;
				and
d) Grab bars for the toilet and
				tub or shower, and other assistive devices, to provide for resident safety if
				required in a resident's service plan.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart I - PHYSICAL PLANT AND ENVIRONMENTAL REQUIREMENTS › Section 295.9030 - Furnishings

Current through Register Vol. 48, No. 28, July 12, 2024
Furnishings, if provided by the establishment, shall include,
				  at a minimum:
a) A bed that is clean
				and in good repair;
b) Adequate
				general and task lighting;
c)
				Adjustable window covers that provide resident privacy; and
d) A dresser or other storage space for
				clothing and personal effects.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart I - PHYSICAL PLANT AND ENVIRONMENTAL REQUIREMENTS › Section 295.9040 - Environmental Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				establishment shall be kept in a clean, safe and orderly condition and in good
				repair.
b) The establishment shall
				be free of odors.
c) The
				establishment shall be free of insects and rodents.
d) Establishment garbage and refuse shall be
				stored in covered containers lined with plastic bags and shall be removed from
				the premises at least once a week.
e) Hot water temperatures shall be maintained
				between 95° F and 120° F in the areas of an establishment used by
				residents.
f) The supply of hot and
				cold water shall be sufficient to meet the personal hygiene needs of
				residents.
g) Common bathrooms
				shall have toilet paper, soap and either cloth towels, paper towels, or a
				mechanical air hand dryer accessible to residents.
h) The establishment shall have an effective
				means of protecting clean linen from contamination during handling, transport
				and storage.
i) Soiled linen and
				soiled clothing stored by the establishment shall be stored in closed
				containers away from food storage, kitchen, and dining areas.
j) Oxygen containers stored by the
				establishment shall be maintained in an upright position or as otherwise
				prescribed by the manufacturer.
k)
				All cleaning compounds, insecticides, and other potentially hazardous compounds
				or agents shall be stored in locked cabinets or rooms separate from food
				preparation and storage, dining areas, and medications.
l) Combustible or flammable liquids and
				hazardous materials shall be stored in the original labeled containers or
				safety containers inaccessible to residents and in accordance with State
				law.
m) If the establishment allows
				pets or animals, they shall be:
1) Controlled
				to prevent endangering the residents and to maintain sanitation; and
2) Licensed and vaccinated consistent with
				local ordinances.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart I - PHYSICAL PLANT AND ENVIRONMENTAL REQUIREMENTS › Table A - Heat Index Table/Apparent Temperature

Current through Register Vol. 48, No. 28, July 12, 2024
(Air Temperature (degrees Fahrenheit)
(Relative Humidity Percent)
70
75
80
85
90
95
100
105
110
115
120
125
130
135
5
64
69
74
79
84
88
93
97
102
107
111
116
122
128
10
65
70
75
80
85
90
95
100
105
111
116
123
131
15
65
71
76
81
86
91
97
102
108
115
123
131
20
66
72
77
82
87
93
99
105
112
120
130
141
25
66
72
77
83
88
94
101
109
117
127
139
30
67
73
78
84
90
96
104
113
123
135
148
35
67
73
79
85
91
98
107
118
130
143
40
68
74
79
86
93
101
110
123
137
151
45
68
74
80
87
95
104
115
129
143
50
69
75
81
88
96
107
120
135
150
55
69
75
81
89
98
110
126
142
60
70
76
82
90
100
114
132
149
65
70
76
83
91
102
119
138
70
70
77
85
93
106
124
144
75
70
77
86
95
109
130
80
71
78
83
97
113
136
85
71
78
87
99
117
90
71
79
88
102
122
95
71
79
89
105
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.110 - General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Part applies to the operator/licensee of facilities, or distinct parts of
				facilities, that are to be licensed and classified to provide intermediate care
				or skilled nursing care, pursuant to the terms and conditions of the Nursing
				Home Care Act.
b) The license
				issued to each operator/licensee shall designate the licensee's name, the
				facility name and address, the classification by level of service authorized
				for that facility, the number of beds authorized for each level, the date the
				license was issued and the expiration date. Licenses will be issued for a
				period of
not less than
six
months nor more than 18
				months for facilities with annual licenses and not less than 18 months nor more
				than 30 months for facilities with
two-
year licenses
.
				The Department will set the period of the license based on the license
				expiration dates of the facilities in the geographical area surrounding the
				facility
in order to distribute the expiration dates
as evenly
				as possible
throughout the calendar year
. (Section 3-110 of
				the Act)
c) An applicant may
				request that the license issued by the Department have distinct parts
				classified according to levels of services. The distinct part must meet the
				applicable physical plant standards of this Part, based on the level of service
				classification sought for that distinct part. To protect the health, welfare,
				and safety of residents in a distinct part of the facility who require higher
				standards, the facility shall comply with whatever additional physical plant
				standards in any distinct part to achieve this protection as required by the
				highest level of care being licensed. Administrative, supervisory, and other
				personnel may be shared by the entire facility to meet the health, welfare, and
				safety needs of the residents of the facility.
d)
A facility shall admit only that
				number of residents for which it is licensed.
(Section 2-209 of the
				Act)
e)
No person
				shall:
1)
Willfully file any
				false, incomplete or intentionally misleading information required to be filed
				under
the
Act, or willfully fail or refuse to file any
				required information;
2)
Open or operate a facility without a license.
(Section
				3-318(a) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.120 - Application for License

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				person acting individually or jointly with other persons who proposes to build,
				own, establish, or operate an intermediate care facility or skilled nursing
				facility shall submit application information on forms provided by the
				Department. The applicant shall provide a written description of the proposed
				program, and other such information as the Department may require in order to
				determine the appropriate level of care for which the facility should be
				licensed. Application forms and other required information shall be submitted
				and approved prior to surveys of the physical plant or review of building plans
				and specifications.
b) An
				application for a new facility shall be accompanied by a permit as required by
				the Illinois Health Facilities Planning Act [20 ILCS 3960 ].
c) Application for a license to establish or
				operate an intermediate care facility or skilled nursing facility shall be made
				in writing and submitted to the Department, with other such information as the
				Department may require, on formsfurnished by the Department. (Section 3-103(1)
				of the Act)
d) All license
				applications shall be accompanied with an application fee of $1,990. The fee
				for a 2-year license shall be double the fee for the annual license. (Section
				3-103(2) of the Act)
e) The
				application shall be under oath and the submission of false or misleading
				information shall be a Class A misdemeanor. The application shall contain the
				following information:
1) The name and
				address of the applicant if an individual, and if a firm, partnership, or
				association, of every member thereof, and in the case of a corporation, the
				name and address thereof and of its officers and its registered agent, and in
				the case of a unit of local government, the name and address of its chief
				executive officer;
2) The name and
				location of the facility for which a license is sought;
3) The name of the person or persons under
				whose management or supervision the facility will be conducted;
4) The number and type of residents for which
				maintenance, personal care, or nursing is to be provided; and
5) Such information relating to the number,
				experience, and training of the employees of the facility, any management
				agreements for the operation of the facility, and of the moral character of the
				applicant and employees as the Department may deem necessary. (Section 3-103(2)
				of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.130 - Licensee

Current through Register Vol. 48, No. 28, July 12, 2024
a) The licensee is
				the corporate body, political subdivision, individual, or individuals
				responsible for the operation of the facility and upon whom rests the
				responsibility for meeting the licensing requirements. The licensee does not
				have to own the building being used.
b) If the licensee does not own the building,
				a lease or management agreement between the licensee and the owner of the
				building is required. A copy of the lease or management agreement shall be
				furnished to the Department. The Department shall also be provided with a copy
				of all new lease agreements or any changes to existing agreements within 30
				days of the effective date of such changes.
c) If the licensee is not a corporation or a
				political subdivision of the State of Illinois, each person responsible for the
				operation of the facility and upon whom rests the responsibility for meeting
				the licensing Minimum Standards shall be at least 18 years of age.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.140 - Issuance of an Initial License for a New Facility

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Upon receipt and review of an
				application for a license made under
the Act
and inspection of
				the applicant facility under
the Act
, the Director
will
issue a
probationary
license if
the
				Director
finds that:
1)
The individual applicant, or the corporation, partnership or other
				entity if the applicant is not an individual, is a person responsible and
				suitable to operate or to direct or participate in the operation of a facility
				by virtue of financial capacity, appropriate business or professional
				experience, a record of compliance with lawful orders of the Department and
				lack of revocation of a license during the previous five
				years;
2)
The
				facility is under the supervision of an administrator who is licensed, if
				required, under the Nursing Home Administrators Licensing and Disciplinary
				Act
;
and
3)
The facility is in substantial
				compliance with
the
Act
and this Part. (Section 3-109
				of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.150 - Issuance of an Initial License Due to a Change of Ownership

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Upon receipt and review of an
				application for a license made under
the
Act and inspection of
				the applicant facility under
the
Act, the Director
will
issue a
probationary
license if
the
				Director
finds:
1)
The individual applicant, or the corporation, partnership or other
				entity if the applicant is not an individual, is a person responsible and
				suitable to operate or to direct or to participate in the operation of a
				facility by virtue of financial capacity, appropriate business or professional
				experience, a record of compliance with lawful orders of the Department and
				lack of revocation of a license during the previous five
				years;
2)
The
				facility is under the supervision of an administrator who is licensed, if
				required, under the Nursing Home Administrators Licensing and Disciplinary Act;
				and
3)
The
				facility is in substantial compliance with
the
Act
and this Part
.
(Section 3-109 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.160 - Issuance of a Renewal License

Current through Register Vol. 48, No. 28, July 12, 2024
At least 120 daysbut not more than 150 daysprior to license
				  expiration, the licensee shall submit an application for renewal of the license
				  in such form and containing such information as the Department requires. If the
				  application is approved, and the facility is in compliance with all other
				  licensure requirements, the license shall be renewedin accordance with Section
				  3-110 of the Act. The renewal application shall not be approved unless the
				  applicant has provided to the Department an accurate disclosure document in
				  accordance with the Alzheimer's Special Care Disclosure Act [220 ILCS 4 ] and
				  Section
				  300.163
				  of this Part, if applicable. (Section 3-115 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.163 - Alzheimer's Special Care Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
A facility that offers to provide care for persons with
				  Alzheimer's disease through an Alzheimer's special care unit or center shall
				  disclose to the Department or to a potential or actual client of the facility
				  the following information in writing on request of the Department or
				  client:
a) The form of care or
				treatment that distinguishes the facility as suitable for persons with
				Alzheimer's disease;
b) The
				philosophy of the facility concerning the care or treatment of persons with
				Alzheimer's disease;
c) The
				facility's pre-admission, admission, and discharge procedures;
d) The facility's assessment, care planning,
				and implementation guidelines in the care and treatment of persons with
				Alzheimer's disease;
e) The
				facility's minimum and maximum staffing ratios, specifying the general licensed
				health care provider to client ratio and the trainee health care provider to
				client ratio;
f) The facility's
				physical environment;
g) Activities
				available to clients at the facility;
h) The role of family members in the care of
				clients at the facility; and
i) The
				costs of care and treatment under the program or at the center. (Section 15 of
				the Alzheimer's Special Care Disclosure Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.165 - Criteria for Adverse Licensure Actions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Adverse licensure actions are
				determinations to deny the issuance of an initial license, to deny the issuance
				of a renewal of a license, or to revoke the current license of a
				facility.
b) A determination by the
				Director or his or her designee to take adverse licensure action against a
				facility shall be based on a finding that one or more of the following criteria
				are met:
1) A substantial failure to comply
				with the Act or this Part. For purposes of this provision, substantial failure
				is a failure to meet the requirements of this Part that is other than a
				variance from strict and literal performance and that results only in
				unimportant omissions or defects given the particular circumstances involved. A
				substantial failure by a facility shall include, but not limited to, any of the
				following:
A) termination of Medicare or
				Medicaid certification by the Centers for Medicare and Medicaid Services;
				or
B) a failure by the facility to
				pay any fine assessed under the Act after the Department has sent to the
				facility at least 2 notices of assessment that include a schedule of payments
				as determined by the Department, taking into account extenuating circumstances
				and financial hardships of the facility. (Section 3-119(a)(1) of the
				Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.170 - Denial of Initial License

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				determination by the Director or his or her designee to deny the issuance of an
				initial license shall be based on a finding that one or more of the criteria
				outlined in Section
				300.165
				or the following criteria are met:
1)
				Conviction of the applicant, or if the applicant is a firm, partnership or
				association, or any of its members or if a corporation, the conviction of the
				corporation or any of its officers and stockholders, or of the person
				designated to manage or supervise the facility of any of the following crimes
				during the previous 5 years. Such convictions shall be verified by a certified
				copy of the record of the court of conviction.
A) A felony; or
B) Two or more misdemeanors involving moral
				turpitude. (Section 3-117(2) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.175 - Denial of Renewal of License

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application for renewal of a license of a facility shall be denied and the
				license of the facility shall be allowed to expire when the Director or his or
				her designee finds that a condition, occurrence, or situation in the facility
				meets any of the criteria specified in Section
				300.165(b)
				and in Section 3-119(a) of the Act. Pursuant to Section 10-65 of the Illinois
				Administrative Procedure Act [5 ILCS
				100/10-65 ], licensees who are individuals are subject
				to denial of renewal of licensure if the individual is more than 30 days
				delinquent in complying with a child support order.
b) When the Director or his or her designee
				determines that an application for renewal of a license of a facility is to be
				denied, the Department shall notify the facility. The notice to the facility
				shall be in writing and shall include:
1) A
				clear and concise statement of the basis of the denial. The statement shall
				include a citation to the provisions of the Act and this Part on which the
				application for renewal is being denied.
2) A statement of the date on which the
				current license of the facility will expire as provided in subsection (c) of
				this Section and Section 3-119(d) of the Act.
3) A description of the right of the
				applicant to appeal the denial of the application for renewal and the right to
				a hearing. (Section 3-119(b) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.180 - Revocation of License

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				license of a facility shall be revoked when the Director or his or her designee
				finds that a condition, occurrence or situation in the facility meets any of
				the criteria specified in Section
				300.165(b)
				and in Section 3-119(a) of the Act. In addition, the license of a facility will
				be revoked when the facility fails to abate or eliminate a level A violation as
				provided in Section
				300.282(b)
				or when the facility has committed 2 Type "AA" violations within a 2-year
				period. (Section 3-119(a)(6) of the Act) Pursuant to Section 10-65 of the
				Illinois Administrative Procedure Act, licensees who are individuals are
				subject to revocation of licensure if the individual is more than 30 days
				delinquent in complying with a child support order.
b) When the Director or his or her designee
				determines that the license of a facility is to be revoked, the Department
				shall notify the facility. The notice to the facility shall be in writing and
				shall include:
1) A clear and concise
				statement of the basis of the revocation. The statement shall include a
				citation to the provisions of the Act and this Part on which the license is
				being revoked.
2) A statement of
				the date on which the revocation will take effect as provided in subsection (c)
				of this Section and Section 3-119(d) of the Act.
3) Notice of the opportunity for a hearing
				under Section 3-703 of the Act. (Section 3-119(b) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.190 - Experimental Program Conflicting With Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any facility desiring to conduct an
				experimental program or do research which is in conflict with this Part shall
				submit a written request to the Department and secure prior approval. The
				Department will not approve experimental programs which would violate residents
				rights under the Act. Such approval will be granted only if the request will
				not create an unnecessary and unusual threat to the health, welfare, or safety
				of the residents or staff. (A, B)
b) The Department may grant to a facility
				special permission to provide day care when it has adequate facilities and
				staff to satisfactorily provide such services based on the requirements in
				Section
				300.3710.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.200 - Inspections, Surveys, Evaluations and Consultation

Current through Register Vol. 48, No. 28, July 12, 2024
The terms survey, inspection and evaluation are synonymous.
				  These terms refer to the overall examination of compliance with the Act and
				  this Part.
a) All facilities to which
				this Part applies shall be subject to and shall be deemed to have given consent
				to annual inspections, surveys or evaluations by properly identified personnel
				of the Department, or by other properly identified persons, including local
				health department staff, as the Department may designate.
An
				inspection, survey or evaluation, other than an inspection of financial
				records, shall be conducted without prior notice to the facility. A visit for
				the sole purpose of consultation may be announced.
(Section 3-212(a)
				of the Act) The licensee, or person representing the licensee in the facility,
				shall provide to the representative of the Department access and entry to the
				premises or facility for obtaining information required to carry out the Act
				and this Part. In addition, representatives of the Department
shall
				have access to and may reproduce or photocopy at its cost any books, records,
				and other documents maintained by the facility,
the licensee or their
				representatives
to the extent necessary to carry out the Act
and this Part. (Section 3-213 of the Act) A facility may charge the Department
				for photocopying at a rate determined by the facility not to exceed the rate in
				the Freedom of Information Act.
b)
No person shall:
1)
Intentionally prevent, interfere with, or attempt to impede in any way
				any duly authorized investigation and enforcement of
the
Act
or this Part;
2)
Intentionally prevent or attempt
				to prevent any examination of any relevant books or records pertinent to
				investigations and enforcement of
the
Act
or this
				Part;
3)
Intentionally
				prevent or interfere with the preservation of evidence pertaining to any
				violation of
the
Act
or this Part;
4)
Intentionally retaliate or
				discriminate against any resident or employee for contacting or providing
				information to any state official, or for initiating, participating in, or
				testifying in an action for any remedy authorized under
the
Act
or this Part (Section 3-318(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 300.220 - Information to Be Made Available to the Public By the Department

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				shall respect the confidentiality of a resident's record and shall not divulge
				or disclose the contents of a record in a manner which identifies a resident,
				except upon a resident's death to a relative or guardian, or under judicial
				proceedings. Section 2-206 of the Act shall not be construed to limit the right
				of a resident or a resident's representative to inspect or copy the resident's
				records. (Section 2-206(a) of the Act)
b) Confidential medical, social, personal or
				financial information identifying a resident shall not be available for public
				inspection in a manner which identifies a resident. (Section 2-206(b) of the
				Act)
c) The following information
				is subject to disclosure to the public from the Department or the Department of
				Healthcare and Family Services:
1)
				Information submitted under Sections 3-103 and 3-207 of the Act, except
				information concerning the remuneration of personnel licensed, registered, or
				certified by the Department of Financial and Professional Regulation and
				monthly charges for an individual private resident;
2) Records of license and certification
				inspections, surveys, and evaluations of facilities, other reports of
				inspections, surveys, and evaluations of resident care, whether a facility has
				been designated a distressed facility, and the basis for the designation, and
				reports concerning a facility prepared pursuant to Titles XVIII and XIX of the
				Social Security Act,subject to the provisions of the Social Security
				Act;
3) Cost and reimbursement
				reports submitted by a facility under Section 3-208 of the Act, reports of
				audits of facilities, and other public records concerning the cost incurred by,
				revenues received by, and reimbursement of facilities; and
4) Complaints filed against a facility and
				complaint investigation reports, except that a complaint or complaint
				investigation report shall not be disclosed to a person other than the
				complainant or complainant's representative before it is disclosed to a
				facility under Section 3-702 of the Act, and, further, except that a
				complainant or resident's name shall not be disclosed except under Section
				3-702 of the Act. (Section 2-205 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.230 - Information to Be Made Available to the Public by the Licensee

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Every
				facility shall conspicuously post for display in an area of its offices
				accessible to residents, employees, and visitors the following:
1)
Its current
				license;
2)
A
				description, provided by the Department of complaint procedures established
				under the Act and the name, address, and telephone number of a person
				authorized by the Department to receive complaints;
3)
A copy of any order pertaining to
				the facility issued by the Department or a court; and
4)
A list of the material available
				for public inspection under subsection (b) and Section 3-210 of the
				Act.
(Section 3-209 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.240 - Municipal Licensing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Municipalities which have adopted a licensing ordinance as provided under
				Section 3-104 of the Act and this Part shall adopt this Part by complying with
				Article I, Division 3, of the Illinois Municipal Code (Ill. Rev. Stat. 1987,
				ch. 24, pars. 1-3-1 et seq.).
b)
				Municipalities shall issue licenses so that the expiration dates are
				distributed throughout the calendar year. The month the license expires shall
				coincide with the date of original licensure of the licensee. During the 24
				month period following the effective date of the Act, the municipality may
				issue renewal licenses for a period of less than one year in order to
				distribute the expiration date of such licenses throughout the calendar
				year.
c) The municipality shall
				notify the Department within ten days from the date of issuance or denial of a
				license that the municipal license has been issued or denied. If the license is
				issued, the notice will include the facility name, address, the date of
				issuance, and the number of beds by level of care for which the license was
				issued. If the license is denied, the notice will indicate reason for denial
				and the current status of licensee's (applicant's) application for municipal
				license.
d) The municipality shall
				use the same licensing classifications as the Department; and a facility may
				not be licensed for a different classification by the Department than by the
				municipality.
e) The Department and
				the municipality shall have the right at any time to visit and inspect the
				premises and personnel of any facility for the purpose of determining whether
				the applicant or licensee is in compliance with the Act, this Part or with the
				local ordinances which govern the regulation of the facility. The Department
				may survey any former facility which once held a license to insure that the
				facility is not again operating without a license. Municipalities may charge a
				reasonable license or renewal fee for the regulation of facilities, which fees
				shall be in addition to the fees paid to the Department.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 300 - SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 300.250 - Ownership Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
a)
As a condition of the issuance or renewal of the license of any
				facility, the applicant shall file a statement of ownership. The applicant
				shall update the information required in the statement of ownership within 10
				days
after
any change.
(Section 3-207(a) of the
				Act)
b)
The statement of
				ownership shall include the following:
1)
The name, address, telephone
				number, occupation or business activity, business address and business
				telephone number of the person who is the owner of the facility, and every
				person who owns the building in which the facility is located, if other than
				the owner of the facility,
that
is the subject of the
				application or license
;
2)
If the owner is a partnership or corporation, the name of every partner
				and stockholder of the owner
(Section 3-207(b) of the Act);
3) The percent of direct or indirect
				financial interest of those persons who have a direct or indirect financial
				interest of five percent or more in the legal entity designated as the
				operator/licensee of the facility that is the subject of the application or
				license;
4) The name, address,
				telephone number, occupation or business activity, business address, business
				telephone number, and the percent of direct or indirect financial interest of
				those persons who have a direct or indirect financial interest of five percent
				or more in the legal entity that owns the building in which the
				operator/licensee is operating the facility that is the subject of the
				application or license; and
5)
The name and address of any facility, wherever located, any financial
				interest
that
is owned by the applicant, if the facility were
				required to be licensed if it were located in this State.
(Section
				3-207(b) of the Act)