reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1255 - Supported Congregate Living Arrangement Demonstration

Current through Register Vol. 48, No. 28, July 12, 2024
a) A facility or location approved to
				participate in the Supported Congregate Living Arrangement Demonstration
				authorized by Section 4.02b of the Illinois Act on the Aging [20
				ILCS 105/4.02b ] and requesting a waiver of the Act
				and this Part shall submit to the Department a joint waiver request with the
				Department on Aging or documentation that the Department on Aging failed to act
				upon a waiver application within 60 days after the applicant submitted a
				request to the Department on Aging. (Section 4.02b of the Illinois Act on the
				Aging)
b) The waiver application
				shall include the following:
1) a specific
				listing of those portions of the Act and this Part for which a waiver is being
				requested; and
2) the applicant's
				proposed Program Plan.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1260 - 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 this Part 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 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1310 - 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) No resident determined by professional
				evaluation to be in need of services not readily available in a particular
				facility, or distinct part of a facility, or through arrangement with a
				qualified outside resource, shall 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 or maternity care, and a
				policy concerning keeping of persons who become pregnant while they are
				residents of the facility. If these policies permit these 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 these persons from in-house or outside resources. (See Section
				340.1550.)
d) Residents with a history of aggressive or
				self-abusive behavior may be admitted only if the facility has in place
				appropriate, effective and individualized programs to manage the resident's
				behaviors and adequate, properly trained and supervised staff to administer the
				programs.
e) Persons under 18 years
				of age may not be cared for in a facility for adults without prior written
				approval from the Department.
f) A
				facility shall not refuse to discharge or transfer a resident when requested to
				do so by the resident or, if the resident is incompetent, by the resident's
				guardian.
g) If a resident insists
				on being discharged and is discharged against medical advice, the facts
				involved in the situation shall be fully documented in the resident's clinical
				record.
h) A facility shall
				document all leaves and temporary transfers. Such documentation shall include
				date, time, condition of resident, person to whom the resident was released,
				planned destination, anticipated date of return, and any special instructions
				on medication dispensed.
i) No
				person shall be admitted to or kept in the facility who is an identified
				offender, unless the requirements of Section
				340.1305
				for new admissions and the requirements of Section
				340.1315 are
				met.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1315 - 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 the resident is an
				identified offender as defined in Section 1-114.01 of the Act, the facility
				shall do the following:
1) Immediately notify
				the Department of State Police, in the form and manner required by the
				Department of State Police, 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
				shallfurnish to the Department of State Police, pursuant to an inquiry under
				this subsection (2), any criminal history record information contained in its
				files.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1316 - Discharge Planning for Identified Offenders

Current through Register Vol. 48, No. 28, July 12, 2024
a) If, based on the security measures listed
				in theIdentified 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
				340.1470 of
				this Part. (Section 2-201.6(g) of the Act)
b) All discharges and transfers shall be
				pursuant to Section
				340.1470 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
				340.1315 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 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1317 - 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
				340.1470 of
				this Part. (Section 2-201.6(g) of the Act)
b) All discharges and transfers shall be
				pursuant to Section
				340.1470 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 must 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
				340.1315 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 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1320 - 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 tornado warning or severe thunderstorm warning; and
4) An established means of facility
				notification when the National Weather Service issues a tornado or severe
				thunderstorm warning that covers the area in which the facility is located. The
				notification mechanism shall be other than commercial radio or television.
				Approved notification measures include being within range of local tornado
				warning sirens, an operable National Oceanic and Atmospheric Administration
				weather radio in the facility, or arrangements with local public safety
				agencies (police, fire, emergency management agency) to be notified if a
				warning is issued.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1330 - Incidents and Accidents

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				facility shall maintain a file of all written reports of each incident and
				accident affecting a resident that is not the expected outcome of a resident's
				condition or disease process. A descriptive summary of each incident or
				accident affecting a resident shall also be recorded in the progress notes or
				nurse's notes of that resident.
b)
				The facility shall notify the Department of any serious incident or accident.
				For purposes of this Section, "serious" means any incident or accident that
				causes physical harm or injury to a resident.
c) The facility shall, by fax or phone,
				notify the Regional Office within 24 hours after each reportable incident or
				accident. If a reportable incident or accident results in the death of a
				resident, the facility shall, after contacting local law enforcement pursuant
				to Section
				340.1380,
				notify the Regional Office by phone only. For the purposes of this Section,
				"notify the Regional Office by phone only" means talk with a Department
				representative who confirms over the phone that the requirement to notify the
				Regional Office by phone has been met. If the facility is unable to contact the
				Regional Office, it shall notify the Department's toll-free complaint registry
				hotline. The facility shall send a narrative summary of each reportable
				accident or incident to the Department within seven days after the
				occurrence.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1335 - Infection Control

Current through Register Vol. 48, No. 28, July 12, 2024
a) Policies and
				procedures for investigating, controlling, and preventing infections in the
				facility shall be established and followed. The policies and procedures shall
				be consistent with and include the requirements of the Control of Communicable
				Diseases Code (77 Ill. Adm. Code 690) and Control of Sexually Transmissible
				Diseases Code (77 Ill. Adm. Code 693). Activities shall be monitored to ensure
				that these policies and procedures are followed.
b) A group, i.e., an infection control
				committee, quality assurance committee, or other facility entity, shall
				periodically review the results of investigations and activities to control
				infections.
c) Each facility shall
				adhere to the following guidelines of the Center for Infectious Diseases,
				Centers for Disease Control and Prevention, U.S. Public Health Service,
				Department of Health and Human Services (see Section
				340.1010 ):
1) Guideline for Prevention of
				Catheter-Associated Urinary Tract Infections.
2) Guideline for Hand Hygiene in Health-Care
				Settings.
3) Guidelines for
				Prevention of Intravascular Infections.
4) Guideline for Prevention of Surgical Site
				Infection.
5) Guideline for
				Prevention of Nosocomial Pneumonia.
6) Guideline for Isolation Precautions in
				Hospitals.
7) Guidelines for
				Infection Control in Health Care Personnel.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1337 - Testing for Legionella Bacteria

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A facility s hall develop a policy for testing its water supply for
				Legionella bacteria. The policy shall include the frequency with which testing
				is conducted. The policy and the results of any tests
and corrective
				actions taken
shall be made available to the Department upon
				request.
(Section 3-206.06 of the Act)
b) The policy shall be based on the ASHRAE
				Guideline "Managing the Risk of Legionellosis Associated with Building Water
				Systems" and the Centers for Disease Control and Prevention's "Toolkit for
				Controlling Legionella in Common Sources of Exposure". The policy shall
				include, at a minimum:
1) A procedure to
				conduct a facility risk assessment to identify potential Legionella and other
				waterborne pathogens in the facility water system;
2) A water management program that identifies
				specific testing protocols and acceptable ranges for control measures;
				and
3) A system to document the
				results of testing and corrective actions taken.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1340 - Facility Record Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The facility shall maintain a file of reports of findings and recommendations
				from consultants. Each report shall be dated and indicate each specific date
				and time the consultant was in the facility.
b) The facility shall complete the Illinois
				Department of Public Health Annual Long Term Care (LTC) Facility
				Survey.
c) The facility shall
				maintain a permanent chronological resident registry showing date of admission,
				name of resident and date of discharge or death.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1351 - 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
				340.1351.
				(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 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1360 - 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 ensure that employees are not placed in
				positions that would pose undue risk of infection to themselves, other
				employees, residents, or visitors.
b) 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 that would predispose the employee to acquiring or transmitting
				infectious diseases in the course of performing anticipated job functions. It
				shall include any history of exposure to, or treatment for, tuberculosis, any
				history of hepatitis, dermatologic conditions, chronic draining infections or
				open wounds.
c) 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 that would increase the likelihood of the
				transmission of disease to residents, other employees, or visitors;
				and
2) Determine that the employee
				appears to be physically able to perform the job functions that the facility
				intends to assign to the employee.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1370 - Administrator

Current through Register Vol. 48, No. 28, July 12, 2024
a) There shall be a
				full-time administrator licensed under the Nursing Home Administrators
				Licensing and Disciplinary Act for each licensed facility. The licensee will
				report any change of 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 licensee 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.
c) 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.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1375 - Personnel Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Supervision of Nursing Services
1) The
				facility shall have a director of nursing service (DONS) who shall be a
				registered nurse.
A) This person shall have
				knowledge and training in nursing service administration and restorative and
				rehabilitative nursing. This person shall also have some knowledge and training
				in the care of the type of residents for which the facility cares.
B) This person shall be a full-time employee
				who is on duty a minimum of 36 hours, four days per week.
C) A facility may, with written approval from
				the Department, have two nurses share the duties of this position if the
				facility is unable to obtain a full-time person. Such an arrangement will be
				approved only through written documentation that the facility was unable to
				obtain the full-time services of a qualified individual to fill this position.
				Such documentation shall include, but not be limited to: an advertisement that
				has appeared in a newspaper of general circulation in the area for at least
				three weeks; the names, addresses and phone numbers of all persons who applied
				for the position and the reasons why they were not acceptable or would not work
				full time; and information about the numbers and availability of licensed
				nurses in the area. The Department will approve only when such documentation
				indicates that there were no qualified applicants who were willing to accept
				the job on a full-time basis, and the pool of nurses available in the area
				cannot be expected to produce, in the near future, a qualified person who is
				willing to work full time.
D) In
				facilities of fewer than 50 beds, this person may also provide direct patient
				care, and this person's time may be included in meeting staff/resident ratio
				requirements.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1376 - Registry of Certified Nursing Assistants

Current through Register Vol. 48, No. 28, July 12, 2024
a) An individual will be placed on the Nurse
				Aide Registry when he/she has successfully completed a training program
				approved in accordance with the Long-Term Care Assistants and Aides Training
				Program Code (77 Ill. Adm. Code 395) and has met background check information
				required in Section
				340.1377
				of this Part, and when there are no findings of abuse, neglect, or
				misappropriation of property in accordance with Sections 3-206.01 and 3-206.02
				of the Act.
b) An individual will
				be placed on the Nurse Aide Registry if he/she has met background check
				information required in Section
				340.1377
				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 to
				483.156
				(October 1, 1997, no later amendments or editions included) 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 nursing assistant competency test.
3) Documentation of successful completion of
				a United States military training program that includes the content of the
				Basic Nursing Assistant Training Program (see 77 Ill. Adm. Code 395) and 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, the written portion of the written portion of the
				Department-established 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 nursing assistant competency test:
A) A copy of the license, diploma,
				registration or other proof of completion of the program;
B) Proof of application to the Department of
				Professional Regulation for licensure in Illinois;
C) A copy of the Social Security card;
				and
D) Visa or proof of
				citizenship.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1377 - Health Care Worker Background Check

Current through Register Vol. 48, No. 28, July 12, 2024
A facility shall comply with the Health Care Worker
				  Background Check Act [225 ILCS 46 ] and the Health Care Worker Background Check
				  Code (77 Ill. Adm. Code 955).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1378 - 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 340 - ILLINOIS VETERANS' HOMES CODE › Subpart B - POLICIES AND FACILITY RECORDS › Section 340.1380 - Contacting Local Law Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
a) For the purpose of this Section, the
				following definitions shall apply:
1) "911" -
				an emergency answer and response system in which the caller need only dial
				9-1-1 on a telephone to obtain emergency services, including police, fire,
				medical ambulance and rescue.
2)
				Physical abuse - see Section 340.330.
3) Sexual abuse - sexual penetration,
				intentional sexual touching or fondling, or sexual exploitation (i.e., use of
				an individual for another person's sexual gratification, arousal, advantage, or
				profit).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart C - RESIDENT RIGHTS › Section 340.1400 - Implementation of Resident Rights and Facility Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) The facility
				shall establish written policies and procedures to implement the
				responsibilities and rights provided in Article II of the Act, Resident Rights
				and Facility Responsibilities. The policies shall include the procedure for the
				investigation and resolution of resident complaints under the Act. The policies
				shall be clear and unambiguous and shall be available for inspection by any
				person. A summary of the policies and procedures, printed in not less than 12
				point type, shall be distributed to each resident and representative. (Section
				2-210 of the Act)
b) The facility
				shall provide copies of these policies and procedures upon request to next of
				kin, sponsoring agencies, representative payees and the public.
c) Each resident and resident's guardian or
				other person acting for the resident shall be given a written explanation,
				prepared by the Office of the State Long Term Care Ombudsman, of all the rights
				enumerated in Part I of Article II And in Part 4 of Article III of the Act at
				the time of admission to a facility or as soon thereafter as the condition of
				the resident permits, but in no event later that 48 hours after admission, and
				again at least annually thereafter. For residents of facilities participating
				in Title 18 or 19 of the Social Security Act, the explanation shall include an
				explanation of residents' rights enumerated in that Act. If a resident is
				unable to read such written explanation, it shall be read to the resident in a
				language the resident understands. In the case of a minor or a person having a
				guardian or other person acting for him, both the resident and the parent,
				guardian or other person acting for the resident shall be fully informed of
				these rights and responsibilities. (Section 2-211 of the Act)
d) The resident, resident's representative,
				guardian, or parent of a minor resident shall acknowledge in writing the
				receipt from the facility of a copy of all resident rights set forth in Article
				II of the Act and a copy of all facility policies implementing such
				rights.
e) The facility shall
				ensure that its staff is familiar with and observes the rights and
				responsibilities enumerated in the Act and this Part. (Section 2-212 of the
				Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart C - RESIDENT RIGHTS › Section 340.1410 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) No resident
				shall be deprived of any rights, benefits, or privileges guaranteed by law, the
				Constitution of the State of Illinois, or the Constitution of the United States
				solely on account of their status as a resident of a facility. (Section 2-101
				of the Act)
b) A resident shall be
				permitted the free exercise of religion. Upon a resident's request, and if
				necessary at his expense, the facility administrator shall make arrangements
				for a resident's attendance at religious services of the resident's choice.
				However, no religious beliefs or practices, or attendance at religious
				services, may be imposed upon any resident. (Section 2-109 of the
				Act)
c) All facilities shall comply
				with the Election Code as it pertains to absentee voting for residents of
				licensed long-term care facilities.
d) The facility shall immediately notify the
				resident's next of kin, representative and physician of the resident's death or
				when the resident's death appears to be imminent. (Section 2-208 of the
				Act)
e) The facility shall also
				immediately notify the resident's family, guardian, representative, conservator
				and any private or public agency financially responsible for the resident's
				care whenever unusual circumstances such as accidents, sudden illness, disease,
				unexplained absences, extraordinary resident charges, billings, or related
				administrative matters arise.
f)
				Where a resident, a resident's representative or a resident's next of kin
				believes that an emergency exists each or them, collectively or separately, may
				file a verified petition to the circuit court for the county in which the
				facility is located for an order placing the facility under the control of a
				receiver. (Section 3-503 of the Act) As used in Section 3-503 of the Act,
				"emergency" means a threat to the health, safety or welfare of a resident that
				the facility is unwilling or unable to correct. (Section 3-501 of the
				Act)
g) The facility shall make
				reasonable efforts to prevent loss and theft of residents' property. Those
				efforts shall be appropriate to the particular facility and may, for example,
				include, but are not limited to, staff training and monitoring, labeling
				property, and frequent property inventories. (Section 2-103 of the
				Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart C - RESIDENT RIGHTS › Section 340.1420 - Contract Between Resident and Facility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Contract Execution
1) Before a person is admitted to a facility,
				or at the expiration of the period of previous contract, or when the source of
				payment for the resident's care changes from private to public funds or from
				public to private funds, a written contract shall be executed between a
				licensee and the following in order of priority:
A) the person, or if the person is a minor,
				his parent or guardian; or
B) the
				person's guardian, if any, or agent, if any, as defined in Section 2-3 of the
				Illinois Power of Attorney Act; or
C) a member of the person's immediate family.
				(Section 2- 202(a) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart C - RESIDENT RIGHTS › Section 340.1430 - 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 a member of the
				facility staff to coordinate the establishment of, and render assistance to,
				the council. (Section 2-203 of the Act)
b) The resident members shall be elected to
				the council by vote of their fellow residents, and the nonresident members
				shall be elected to the council by vote of the resident members of the
				council.
c) All residents' advisory
				council meetings shall be open to participation by all residents and by their
				representatives.
d) No employee or
				affiliate of a facility shall be a member of any council. Such persons may
				attend to discuss interests or functions of the non-members when invited by
				members of the residents' advisory council. (Section 2-203(a) of the
				Act)
e) The council shall meet at
				least once each month with the staff coordinator who shall provide assistance
				to the council in preparing and disseminating a report of each meeting to all
				residents, the administrator, and the staff. (Section 2-203(b) of the
				Act)
f) Records of the council
				meetings shall be maintained in the office of the administrator. (Section
				2-203(c) of the Act)
g) The
				residents' advisory council may communicate to the administrator the opinions
				and concerns of the residents. The council shall review procedures for
				implementing resident rights and facility responsibilities and make
				recommendations for changes or additions which will strengthen the facility's
				policies and procedures as they affect residents' rights and facility
				responsibilities. (Section 2-203(d) of the Act)
h) The council shall be a forum for:
1) Obtaining and disseminating
				information;
2) Soliciting and
				adopting recommendations for facility programming and improvements;
3) Early identification of
				problems;
4) Recommending orderly
				resolution of problems. (Section 2-203(e) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart C - RESIDENT RIGHTS › Section 340.1440 - Abuse and Neglect

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				owner, licensee, administrator, employee or agent of a facility shall not abuse
				or neglect a resident. (Section 2-107 of the Act)
b) A facility employee or agent who becomes
				aware of abuse or neglect of a resident shall immediately report the matter to
				the facility administrator. (Section 3-610 of the Act)
c) A facility administrator who becomes aware
				of abuse or neglect of a resident shall immediately report the matter by
				telephone and in writing to the resident's representative. (Section 3-610 of
				the Act)
d) A facility
				administrator, employee, or agent who becomes aware of abuse or neglect of a
				resident shall also report the matter to the Department. (Section 3-610 of the
				Act)
e) Employee as perpetrator of
				abuse. When an investigation of a report of suspected abuse of a resident
				indicates, based upon credible evidence, that an employee of a long-term care
				facility is the perpetrator of the abuse, that employee shall immediately be
				barred from any further contact with residents of the facility, pending the
				outcome of any further investigation, prosecution or disciplinary action
				against the employee. (Section 3-611 of the Act)
f) Resident as perpetrator of abuse. When an
				investigation of a report of suspected abuse of a resident indicates, based
				upon credible evidence, that another resident of the long-term care facility is
				the perpetrator of the abuse, that resident's condition shall be immediately
				evaluated to determine the most suitable therapy and placement for the
				resident, considering the safety of that resident as well as the safety of
				other residents and employees of the facility. (Section 3-612 of the
				Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart C - RESIDENT RIGHTS › Section 340.1470 - Transfer or Discharge

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				resident may bedischarged from a facility after he or she gives the
				administrator, a physician, or a nurse of the facility written notice of his or
				her desire to be discharged. If a guardian has been appointed for a resident or
				if the resident is a minor, the resident shall be discharged upon written
				consent of his or her guardian or if the resident is a minor, his or her parent
				unless there is a court order to the contrary. In such cases, upon the
				resident's discharge, the facility is relieved from any responsibility for the
				resident's care, safety or well-being. (Section 2-111 of the Act)
b) A facility may involuntarily transfer or
				discharge a resident only for one or more of the following reasons:
1) for medical reasons;
2) for the resident's physical
				safety;
3) for the physical safety
				of other residents, the facility staff or facility visitors; or
4) for either late payment or nonpayment for
				the resident's stay, except as prohibited by Titles XVIII and XIX of the
				federal Social Security Act. For purposes of this Section, "Late Payment" means
				non-receipt of payment after submission of a bill. If payment is not received
				within 45 days after submission of a bill, a facility may send a notice to the
				resident and responsible party requesting payment within 30 days. If payment is
				not received within such 30 days, the facility may thereupon institute transfer
				or discharge proceedings by sending a notice of transfer or discharge to the
				resident and responsible party by registered or certified mail. The notice
				shall state, in addition to the requirements of Section 3-403 of the Act and
				subsection (e) of this Section, that the responsible party has the right to pay
				the amount of the bill in full up to the date the transfer or discharge is to
				be made and then the resident shall have the right to remain in the facility.
				Such payment shall terminate the transfer or discharge proceedings. This
				subsection (b) does not apply to those residents whose care is provided under
				the Illinois Public Aid Code. (Section 3-401 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart C - RESIDENT RIGHTS › Section 340.1480 - Complaint Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				facility shall develop procedures for investigating complaints concerning theft
				of resident's property and shall promptly investigate all such complaints.
				(Section 2-103 of the Act)
b) A
				resident shall be permitted to present grievances on behalf of himself and
				others to the administrator, the Long-term Care Facility Advisory Board, the
				residents' advisory council, State governmental agencies or other persons
				without threat of discharge or reprisal in any form or manner whatsoever.
				(Section 2-212 of the Act)
c) The
				facility administrator shall provide all residents or their representatives
				with the name, address, and telephone number of the appropriate State
				governmental office where complaints may be lodged. (Section 2-212 of the
				Act)
d) A person who believes that
				the Act or a rule promulgated under the Act may have been violated may request
				an investigation. The request may be submitted to the Department in writing, by
				telephone, or by personal visit. An oral complaint shall be reduced to writing
				by the Department. (Section 3-702(a) of the Act)
e) The facility shall provide for the
				registration and disposition of complaints without threat of discharge or other
				reprisal against any employee or resident.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart C - RESIDENT RIGHTS › Section 340.1491 - Social Isolation

Current through Register Vol. 48, No. 28, July 12, 2024
a) For the purposes
				of this Section:
1)
"Assistive and
				supportive technology and devices" means computers, video conferencing
				equipment, distance-based communication technology, or other technological
				equipment, accessories, or electronic licenses as may be necessary to ensure
				that residents are able to engage in face-to-face, verbal-based, or
				auditory-based contact, communication, religious activity, or recreational
				activity with other facility residents and with family members, friends, loved
				ones, caregivers, and other external support systems, through electronic means,
				in accordance with the provisions of
the Act and subsections (d)(2)
				and (3).
2)
"Religious and
				recreational activities" includes any religious, social, or recreational
				activity that is consistent with a resident's preferences and choosing,
				regardless of whether the activity is coordinated, offered, provided, or
				sponsored by facility staff or by an outside activities
				provider
.
3)
"Resident's representative" has the same meaning as provided in Section
				1-123
of the Act and Section
				340.1000.
4)
"Social isolation" means a state
				of isolation wherein a resident of a long-term care facility is unable to
				engage in social interactions and religious and recreational activities with
				other facility residents or with family members, friends, loved ones,
				caregivers and external support systems
.
5)
"Virtual visitation" means the use
				of face-to-face, verbal-based, or auditory-based contact through electronic
				means
. (Section 3-102.3(a) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart D - HEALTH SERVICES › Section 340.1500 - Medical Care Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				facility shall have a written program of medical services approved in writing
				by the advisory physician, which reflects the philosophy of care provided, the
				policies relating to this philosophy, and the procedures for implementation of
				the services. The program shall include the entire complex of services provided
				by the facility and the arrangements to effect transfer to other facilities as
				promptly as needed. The written program of medical services shall be followed
				in the operation of the facility.
b) Each resident admitted shall have a
				physical examination, within five days prior to admission or within 72 hours
				after admission. The examination report shall include at a minimum each of the
				following:
1) An evaluation of the resident's
				condition, including height and weight, diagnoses, plan of treatment,
				recommendations, treatment orders, personal care needs, and permission for
				participation in activity programs as appropriate.
2) Documentation of the presence or absence
				of tuberculosis infection by tuberculin skin test in accordance with Section
				340.1520.
3) Documentation of the presence or absence
				of incipient or manifest decubitus ulcers (commonly known as bed sores), with
				grade, size and location specified, and orders for treatment, if present. (A
				photograph of incipient or manifest decubitus ulcers is recommended on
				admission.)
4) Orders from the
				physician regarding weighing of the resident, and the frequency of such
				weighing, if ordered.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart D - HEALTH SERVICES › Section 340.1510 - Communicable Disease Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The facility shall comply with the Control of Communicable Diseases Code (77
				Ill. Adm. Code 690).
b) A resident
				who is suspected of or diagnosed as having any communicable, contagious or
				infectious disease, as defined in the Control of Communicable Diseases Code,
				shall be placed in isolation, if required, in accordance with the Control of
				Communicable Diseases Code. If the facility believes that it cannot provide the
				necessary infection control measures, it must initiate an involuntary transfer
				and discharge pursuant to Article III, Part 4 of the Act and Section
				340.1310 of
				this Part. In determining whether a transfer or discharge is necessary, the
				burden of proof rests on the facility.
c) All illnesses required to be reported
				under the Control of Communicable Diseases Code and Control of Sexually
				Transmissible Diseases Code (77 Ill. Adm. Code 693) shall be reported
				immediately to the local health department and to the Department. The facility
				shall furnish all pertinent information relating to such occurrences. In
				addition, the facility shall inform the Department of all incidents of scabies
				and other skin infestations.