Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart A - GENERAL PROVISIONS › Section 295.200 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Abuse - any physical or mental injury or sexual assault
				  inflicted on a resident, other than by accidental means, in an
				  establishment.
Act - the Assisted Living and Shared Housing Act.
Activities of daily living - eating, dressing,
				  bathing, toileting, transferring, or personal hygiene.
(Section 10 of
				  the Act)
Adequate - enough in either quantity or quality, as
				  determined by a reasonable person. This determination shall be consistent with
				  current professional standards of the subject under review, to meet the needs
				  of the residents of a facility under the particular set of circumstances in
				  existence at the time of review.
Administrative warning - a notice to an establishment issued
				  by the Department under Section
				  295.1060 that indicates that a
				  situation, condition or practice in the establishment violates the Act or this
				  Part at the level of a Type 3 violation.
Applicant - the individual, partnership, corporation,
				  association, or other person that owns or operates an assisted living or shared
				  housing establishment and applies for a license.
Appropriate - indicates that a requirement is to be applied
				  according to the needs of a particular individual or situation, as determined
				  by a reasonable person. This determination shall be consistent with current
				  professional standards of the subject under review.
Assessment - see Physician's assessment.
Assisted living establishment or establishment - a
				  home, building, residence, or any other place where sleeping accommodations are
				  provided for at least 3 unrelated adults, at least 80% of whom are 55 years of
				  age or older and where the following are provided consistent with the
purposes
of the Act:
services consistent with a social model that is based
				  on the premise that the resident's unit in assisted living and shared housing
				  is his or her own home;
community-based residential care for persons who need
				  assistance with activities of daily living, including personal, supportive, and
				  intermittent health-related services available 24 hours per day, if needed, to
				  meet the scheduled and unscheduled needs of a resident;
mandatory services, whether provided directly by the
				  establishment or by another entity arranged for by the establishment, with the
				  consent of the resident or resident's representative; and
a physical environment that is a homelike setting
				  that includes the following and such other elements as established by the
				  Department: individual living units each of which shall accommodate small
				  kitchen appliances and contain private bathing, washing, and toilet facilities,
				  or private washing and toilet facilities with a common bathing room readily
				  accessible to each resident. Units shall be maintained for single occupancy
				  except in cases in which 2 residents choose to share a unit. Sufficient common
				  space shall exist to permit individual and group activities.
Assisted living establishment or establishment does
				  not mean any of the following:
A home, institution, or similar place operated by the
				  federal government or the State of Illinois.
A long term care facility licensed under the Nursing
				  Home Care Act, a facility licensed under the Specialized Mental Health
				  Rehabilitation Act of 2013, a facility licensed under the ID/DD Community Care
				  Act, or a facility licensed under the MC/DD Act. However, a facility licensed
				  under any of those Acts may convert distinct parts of the facility to assisted
				  living. If the facility elects to do so, the facility shall retain the
				  Certificate of Need for its nursing and sheltered care beds that were
				  converted.
A hospital, sanitarium, or other institution, the
				  principal activity or business of which is the diagnosis, care, and treatment
				  of human illness and that is required to be licensed under the Hospital
				  Licensing Act.
A facility for child care as defined in the Child
				  Care Act of 1969.
A community living facility as defined in the
				  Community Living Facilities Licensing Act.
A nursing home or sanitarium operated solely by and
				  for persons who rely exclusively upon treatment by spiritual means through
				  prayer in accordance with the creed or tenets of a well-recognized church or
				  religious denomination.
A facility licensed by the Department of Human
				  Services as a community-integrated living arrangement as defined in the
				  Community-Integrated Living Arrangements Licensure and Certification
				  Act.
A supportive residence licensed under the Supportive
				  Residences Licensing Act.
The portion of a life care facility as defined in the
				  Life Care Facilities Act not licensed as an assisted living establishment under
				  the
Act
; a life care facility may apply under the Act to
				  convert sections of the community to assisted living.
A free-standing hospice facility licensed under the
				  Hospice Program Licensing Act.
A shared housing establishment.
A supportive living facility as described in Section
				  5-5.01a of the Illinois Public Aid Code.
(Section 10 of the
				  Act)
Chemical restraint - any drug that is used for discipline or
				  convenience and is not required to treat medical symptoms.
Comprehensive assessment - see Physician's assessment.
Contract - a legal document containing all information
				  required by Section 90 of the Act between the resident or his/her
				  representative and the establishment, outlining the rights and responsibilities
				  of both parties.
Department - the Department of Public
				  Health.
(Section 10 of the Act)
Developmental disability - a severe, chronic disability of a
				  person that:
is attributable to a mental or physical impairment or
				  combination of mental and physical impairments;
is manifested before the person attains age 22;
is likely to continue indefinitely;
results in substantial limitations in three or more of the
				  following areas of major life activity: self-care, receptive and expressive
				  language, learning, mobility, self-direction, capacity for independent living,
				  and economic self-sufficiency; and
reflects the person's need for a combination and sequence of
				  special, interdisciplinary or generic care, treatment or other services that
				  are of lifelong or extended duration and are individually planned and
				  coordinated.
Dietitian - a person who is a licensed dietitian as provided
				  in the Dietitian Nutritionist Practice Act.
Direct care - the provision of nursing care or assistance
				  with feeding, dressing, movement, bathing, or other personal needs.
Direct care staff - any person who provides assistance with
				  nursing care or assistance with feeding, dressing, movement, bathing or other
				  personal needs to a resident.
Direct supervision - oversight of the establishment by the
				  manager.
Director - the Director of Public Health
(Section 10 of the Act)
Emergency situation - imminent danger of death or
				  serious physical harm to a resident of an establishment.
(Section 10
				  of the Act)
Evaluation or establishment evaluation - a determination by
				  the establishment of a resident's abilities and needs, which takes into account
				  the physician's assessment pursuant to Section
				  295.4000.
Existing establishment - any establishment initially licensed
				  as a health care facility or approved for construction by the Department, or
				  any establishment initially licensed or operated by any other agency of the
				  State of Illinois, prior to September 1, 2023. Existing establishments shall
				  meet the design and construction standards for existing establishments.
Financial exploitation - the act of obtaining control over
				  the resident or his/her property through deception or intimidation with the
				  intent of depriving the resident of the use, benefit or possession of his/her
				  property.
Financial viability - having sufficient assets to provide
				  mandatory services and utilities for at least a three-month period of
				  time.
Floating License - an assisted living or shared housing
				  establishment license issued by the Department in accordance with Section
				  295.600 or
				  295.700 that authorizes the
				  establishment to transfer licensure from one individual living unit to another,
				  in accordance with Section 32 of the Act and Section
				  295.1110. A floating license
				  applies to
any number of individual living units within the
				  establishment up to, but not including, total capacity
. (Section 32 of
				  the Act)
Full time - on duty a minimum of 36 hours, four days per
				  week.
Governing body - the policy-making authority, whether an
				  individual or a group, that exercises general direction over the affairs of an
				  establishment and establishes policies concerning its operation and the welfare
				  of the individuals it serves.
Guardian - a person appointed under the Probate Act of 1975
				  as a guardian of the person or guardian of the estate, or both, of a
				  resident.
Home health agency - a public agency or private organization
				  that is licensed to provide home health services under the Home Health, Home
				  Services, and Home Nursing Agency Licensing Act.
Intermittent health-related services - health-related
				  services provided episodically, irregularly, or for a limited time
				  period.
License - any of the following types of licenses
				  issued to an applicant or licensee by the Department:
Probationary license - a license issued to an
				  applicant or licensee that has not held a license under
the
Act prior to its application or pursuant to a license transfer in
				  accordance with Section 50 of
the
Act.
Regular license - a license issued by the Department
				  to an applicant or licensee that is in substantial compliance with
the
Act and this Part.
(Section 10 of the Act)
Licensed health care professional - a registered
				  professional nurse, an advanced practice registered nurse, a physician
				  assistant, and a licensed practical nurse
who holds a valid Illinois
				  license under the applicable licensure statute. (Section 10 of the Act)
Licensee - a person, agency, association,
				  corporation, partnership, or organization that has been issued a license to
				  operate an assisted living or shared housing establishment.
(Section
				  10 of the Act)
Manager (or director of the establishment) - the individual
				  in charge of overseeing and responsible for the day-to-day operation of the
				  establishment.
Mandatory services - include the
				  following:
3 meals per day available to the residents prepared
				  by the establishment or an outside contractor;
housekeeping services including, but not limited to,
				  vacuuming, dusting, and cleaning the resident's unit;
personal laundry and linen services available to the
				  residents provided or arranged for by the establishment;
security provided 24 hours each day including, but
				  not limited to, locked entrances or building or contract security
				  personnel;
an emergency communication response system, which is
				  a procedure 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; and
assistance with activities of daily living as
				  required by each resident.
(Section 10 of the Act)
Medication administration - refers to a licensed
				  health care professional employed by the establishment engaging in
				  administering routine insulin and vitamin B-12 injections, oral medications,
				  topical treatments, eye and ear drops, or nitroglycerine patches.
(Section 70 of the Act)
Medication reminders - reminding residents to take
				  pre-dispensed, self administered medication, observing the resident, and
				  documenting whether or not the resident took the medication.
(Section
				  70 of the Act)
Neglect - a failure by the establishment to provide services,
				  as outlined in the service delivery contract; a failure to notify the
				  appropriate health care professional that an assessment is necessary in
				  accordance with the service plan; a failure to modify a service plan, as
				  appropriate, based on a new physician's assessment; or a failure to terminate
				  the residency of an individual whose needs can no longer be met by the
				  establishment, which failure results in an avoidable decline in
				  function.
Negotiated risk - the process by which a resident, or
				  his or her representative, may formally negotiate with providers what risks
				  each are willing and unwilling to assume in service provision and the
				  resident's living environment. The provider assures that the resident and the
				  resident's representative, if any, are informed of the risks of these decisions
				  and of the potential consequences of assuming these risks.
(Section 10
				  of the Act)
Negotiated risk agreement - a binding agreement, in
				  compliance with Section
				  295.2070, describing conditions
				  or situations that could put the resident at risk of harm or injury, and
				  describing the resident's agreement with the establishment for how those
				  conditions or situations are to be handled.
New establishment - any establishment initially licensed as a
				  health care facility or approved for construction by the Department, or any
				  establishment initially licensed or operated by any other agency of the State
				  of Illinois, on or after September 1, 2023. New establishments shall meet the
				  design and construction standards for new establishments.
Nonmedical services - optional services such as, but not
				  limited to, transportation; social, recreational, educational, and religious
				  services; and shopping.
Nurse - a registered nurse or a licensed practical nurse as
				  defined in the Nurse Practice Act.
Operator - the person responsible for the control,
				  maintenance and governance of the establishment, its personnel and physical
				  plant.
Optional services -
may include but are not
				  limited to
medication reminders, supervision of self-administered
				  medication, medication administration and nonmedical services.
(Section 70 of the Act)
Other resident injury - occurs when a resident is alleged to
				  have suffered physical or mental harm and the allegation does not fall within
				  the definition of abuse or neglect.
Owner - the individual, partnership, corporation,
				  association, or other person who owns an assisted living or shared housing
				  establishment. In the event an assisted living or shared housing establishment
				  is operated by a person who leases or manages the physical plant, which is
				  owned by another person, "owner" means the person who operates the assisted
				  living or shared housing establishment, except that if the person who owns the
				  physical plant is an affiliate of the person who operates the assisted living
				  or shared housing establishment and has significant control over the day to day
				  operations of the assisted living or shared housing establishment, the person
				  who owns the physical plant shall incur jointly and severally with the owner
				  all liabilities imposed on an owner under
the
Act.
(Section 10 of the Act)
Person - any individual, partnership, corporation,
				  association, municipality, political subdivision, trust, estate or other legal
				  entity.
Physical restraint - any manual method or physical or
				  mechanical device, material, or equipment attached or adjacent to the
				  resident's body, that the individual cannot remove easily and that restricts
				  freedom of movement or normal access to one's body.
Physician - a person licensed under the Medical
				  Practice Act of 1987 to practice medicine in all of its branches.
(Section 10 of the Act)
Physician's assessment -
a comprehensive assessment
				  that includes an evaluation of the resident's or prospective resident's
				  physical, cognitive, and psychosocial condition, completed by a
				  physician.
(Section 15 of the Act)
Residency termination - the relocation or transfer of a
				  resident from an establishment.
Resident - a person residing in an assisted living or
				  shared housing establishment.
(Section 10 of the Act)
Resident's representative - a person, other than the
				  owner, agent, or employee of an establishment or of the health care provider
				  unless related to the resident, designated in writing by a resident to be his
				  or her representative. This designation 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)
Risk management - the process by which an establishment
				  assesses and addresses potential liability.
Self - the individual or the individual's designated
				  representative
. (Section 10 of the Act)
Service plan - a written plan developed and mutually
				  agreed upon by the provider and the resident; which shall be reviewed annually,
				  or more often as the resident's condition, preferences, or service needs
				  change;
and which
shall serve as a basis for the service
				  delivery contract between the provider and the resident.
(Section 15
				  of the Act)
Severe mental illness - a condition that is
				  characterized by the presence of a major mental disorder as classified in the
				  Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-V),
				  where the individual is a person with a substantial disability due to mental
				  illness in the areas of self-maintenance, social functioning, activities of
				  community living and work skills, and the disability specified is expected to
				  be present for a period of not less than one year, but does not mean
				  Alzheimer's disease and other forms of dementia based on organic or physical
				  disorders.
(Section 75(a)(6) of the Act)
Shared housing establishment or establishment - a
				  publicly or privately operated free-standing residence for 16 or fewer persons,
				  at least 80% of whom are 55 years of age or older and who are unrelated to the
				  owners and one manager of the residence, where the following are
				  provided:
services consistent with a social model that is based
				  on the premise that the resident's unit is his or her own home;
community-based residential care for persons who need
				  assistance with activities of daily living, including housing and personal,
				  supportive, and intermittent health-related services available 24 hours per
				  day, if needed, to meet the scheduled and unscheduled needs of a resident;
				  and
mandatory services, whether provided directly by the
				  establishment or by another entity arranged for by the establishment, with the
				  consent of the resident or the resident's representative.
Shared housing establishment or establishment does
				  not mean the following:
A home, institution, or similar place operated by the
				  federal government or the State of Illinois.
A long term care facility licensed under the Nursing
				  Home Care Act, a facility licensed under the Specialized Mental Health
				  Rehabilitation Act of 2013, a facility licensed under the ID/DD Community Care
				  Act, or a facility licensed under the MC/DD Act. A facility licensed under any
				  of those Acts may, however, convert sections of the facility to assisted
				  living. If the facility elects to do so, the facility shall retain the
				  Certificate of Need for its nursing beds that were converted.
A hospital, sanitarium, or other institution, the
				  principal activity or business of which is the diagnosis, care, and treatment
				  of human illness and that is required to be licensed under the Hospital
				  Licensing Act.
A facility for child care as defined in the Child
				  Care Act of 1969.
A community living facility as defined in the
				  Community Living Facilities Licensing Act.
A nursing home or sanitarium operated solely by and
				  for persons who rely exclusively upon treatment by spiritual means through
				  prayer in accordance with the creed or
tenets
of a
				  well-recognized church or religious denomination.
A facility licensed by the Department of Human
				  Services as a community-integrated living arrangement as defined in the
				  Community-Integrated Living Arrangements Licensure and Certification
				  Act.
A supportive residence licensed under the Supportive
				  Residences Licensing Act.
A life care facility as defined in the Life Care
				  Facilities Act; a life care facility may apply under the Act to convert
				  sections of the community to assisted living.
A free-standing hospice facility licensed under the
				  Hospice Program Licensing Act.
An assisted living facility.
A supportive living facility as described in Section
				  5-5.01a of the Illinois Public Aid Code.
(Section 10 of the
				  Act)
Sheltered care facility - a location licensed as a sheltered
				  care facility under the Nursing Home Care Act.
Significant change in the resident's condition - a change in
				  the resident's condition that is substantial enough to indicate to a reasonable
				  person that current supports and services are insufficient, taking into account
				  the resident's wishes as addressed in any negotiated risk agreements in effect.
				  A significant change is not a temporary change in the individual's health with
				  a predictable course, such as a cold or the gradual deterioration in the
				  ability to carry out activities of daily living that accompanies the aging
				  process.
Substantial compliance - meeting requirements, except for
				  unimportant omissions or defects, given the particular circumstances
				  involved.
Substantial failure - the failure to meet requirements, other
				  than unimportant omissions or defects, given the particular circumstances
				  involved.
Sufficient - same as adequate.
Supervision of self-administered medication -
				  assisting the resident with self-administered medication using any combination
				  of the following: reminding residents to take medication, reading the
				  medication label to residents, checking the self-administered medication dosage
				  against the label of the medication, confirming that residents have obtained
				  and are taking the dosage as prescribed, and documenting in writing that the
				  resident has taken (or refused to take) the medication. If residents are
				  physically unable to open the container, the container may be opened for them.
				  Supervision of self-administered medication shall be under the direction of a
				  licensed health care professional.
(Section 70 of the Act)
Total assistance - staff or another individual
				  performs the entire activity of daily living without participation by the
				  resident
. (Section 10 of the Act)
Unit - a separate and physically identifiable space that is
				  used for occupancy.
Valid license - a license that is unsuspended, unrevoked, and
				  unexpired.