reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart P - FIRE PROTECTION STANDARDS FOR EXISTING SHELTERED CARE FACILITIES › Section 330.3990 - Fire Extinguishers, Electric Wiring, and Miscellaneous

Current through Register Vol. 48, No. 28, July 12, 2024
Every existing facility shall meet the following
				  requirements:
a) There shall be at
				least one approved fire extinguisher in all basements, furnace rooms, and
				kitchens. In addition, there shall be on each floor of the building,
				extinguishers located so a person will not have to travel more than 50 feet
				from any point to reach one. They shall be inspected annually and recharged
				when necessary. The date of checking and recharging shall be recorded on a tag
				attached to the extinguisher. (A, B)
b) All electrical wiring and equipment shall
				comply with the latest revisions of the National Electric Code effective at the
				time of construction or acceptance of the building by this Department. (A,
				B)
c) No fuse or circuit breaker
				shall be used which would permit a circuit to be overloaded. (A, B)
d) Drop or extension cords shall not be hung
				or otherwise supported by a metal support. (A, B)
e) The building shall be in good condition
				and repair, especially the roof, chimney, and foundation, so that adequate
				protection is provided against fire hazards. (A, B)
f) All wood partitions located in the
				basement shall be protected with fire resistive material. (A, B)
g) Emergency sources of lighting shall be
				provided for use in case of electrical power failure.
h) Acceptable methods of providing emergency
				lighting are:
1) Emergency
				generator.
2) Two service lines,
				each from a separate substation.
3)
				Wet cell batteries in series.
4)
				Self-charging, wall-mounted light units.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart P - FIRE PROTECTION STANDARDS FOR EXISTING SHELTERED CARE FACILITIES › Section 330.4000 - Use of Fire Extinguishers, Evacuation Plan, and Fire Drills

Current through Register Vol. 48, No. 28, July 12, 2024
a) All personnel
				employed on the premises shall be properly instructed in the use of fire
				extinguishers. (B)
b) A written
				plan of evacuation shall be prepared, posted, and made familiar to all
				personnel employed on the premises. (B)
c) Fire drills, involving all shifts, shall
				be conducted at sufficient intervals so that personnel on each shift
				participate in such a drill at least every six months. The local fire
				authorities should be requested to assist periodically in these drills.
				(B)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart Q - RESIDENT'S RIGHTS › Section 330.4210 - 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
				State or federal law based on their status as a resident of a
				facility.
1)
Residents shall
				have the right to be treated with courtesy and respect by employees or persons
				providing medical services or care and shall have their human and civil rights
				maintained in all aspects of medical care as defined in the State Operations
				Manual for Long-Term Care Facilities.
2)
Residents shall have their basic
				human needs, including but not limited to water, food, medication, toileting,
				and personal hygiene, accommodated in a timely manner, as defined by the person
				and agreed upon by the interdisciplinary team.
A) A facility shall treat each resident with
				respect and dignity and care for each resident in a manner and in an
				environment that promotes maintenance or enhancement of the resident's quality
				of life, recognizing each resident's individuality.
B) A facility shall protect and promote the
				rights of the resident.
C)
				Residents have the right to reside in and receive services in the facility with
				reasonable accommodation of their needs and preferences except when to do so
				would endanger the health or safety of the resident or other
				residents.
3)
Residents have the right to maintain their autonomy as much as
				possible.
(Section 2-101 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart Q - RESIDENT'S RIGHTS › Section 330.4240 - 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) (A, B)
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 of 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 330 - SHELTERED CARE FACILITIES CODE › Subpart Q - RESIDENT'S RIGHTS › Section 330.4270 - Residents' Advisory Council

Current through Register Vol. 48, No. 28, July 12, 2024
Each resident shall have the right to participate in a
				  residents' advisory council as indicated in Section
				  330.740(a) through
				  (l).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart Q - RESIDENT'S RIGHTS › Section 330.4280 - Contract With Facility

Current through Register Vol. 48, No. 28, July 12, 2024
Each resident shall have the right to contract with the
				  facility as indicated in Section
				  330.730(a)
				  through (s).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart Q - RESIDENT'S RIGHTS › Section 330.4300 - Transfer or Discharge

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A resident may be discharged from a facility after
they give
the administrator, a physician, or a nurse of the facility written
				notice of
their
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 their guardian or if the resident is a
				minor,
the resident's
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) Each resident's rights regarding
				involuntary transfer or discharge from a facility shall be as described in
				subsections (c) through (y) of this Section.
c) Reasons for Transfer or Discharge
1)
A facility may involuntarily
				transfer or discharge a resident only for one or more of the following
				reasons:
A)
for medical
				reasons.
B)
for
				the resident's physical safety.
C)
for the physical safety of other
				residents, the facility staff or facility visitors.
D)
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
				(c)
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 330 - SHELTERED CARE FACILITIES CODE › Subpart Q - RESIDENT'S RIGHTS › Section 330.4310 - Complaint Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A resident shall be permitted to present grievances on behalf of
				himself or herself or others to the administrator, the Long-Term Care Facility
				Advisory Board, the residents' advisory council, State governmental agencies or
				other persons of the resident's choice, free from restraint, interference,
				coercion, or discrimination and without threat of discharge or reprisal in any
				form or manner whatsoever. Every facility licensed under
the
Act shall have a written internal grievance procedure that, at a
				minimum:
1)
sets forth the
				process to be followed;
2)
specifies time limits, including time limits for facility
				response;
3)
informs residents of their right to have the assistance of an
				advocate;
4)
provides for a timely response within 25 days by an impartial and
				nonaffiliated third party, including, but not limited to, the Long-Term Care
				Ombudsman, if the grievance is not otherwise resolved by the
				facility;
5)
requires the facility to follow applicable State and federal
				requirements for responding to and reporting any grievance alleging potential
				abuse, neglect, misappropriation of resident property, or exploitation;
				and
6)
requires
				the facility to keep a copy of all grievances, responses, and outcomes for 3
				years and provide the information to the Department upon request.
(Section 2-112 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart Q - RESIDENT'S RIGHTS › Section 330.4320 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department,
				the facility and all other public or private agencies 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. This
				rule 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. (B)
				(Section 2-206(b) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart Q - RESIDENT'S RIGHTS › Section 330.4330 - Facility Implementation

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. 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 residentand resident's guardian or
				other person acting for the residentshall be given a writtenexplanation
				prepared by the Office of the State Long-term Care Ombudsmanof all the rights
				enumerated in Part I of Article II of the Actand in Part 4 of Article III. 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 the Act. The explanation shall be givenat the time of admission
				to a facility or as soon thereafter as the condition of this resident permits,
				but in no event later than 48 hours after admission, and again at least
				annually thereafter.At the time of implementation of the Act each resident
				shall be given a written summary of all the rights enumerated in Part I of
				Article II of the Act. If a resident is unable to read such writtenexplanation,
				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, guardianor other person acting for the
				residentshall be fully informed of these rights. (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) (B)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart Q - RESIDENT'S RIGHTS › Section 330.4340 - 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
				330.330.
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 330 - SHELTERED CARE FACILITIES CODE › Subpart R - DAY CARE PROGRAMS › Appendix C - Forms for Day Care in Long-Term Care Facilities › Form A

Current through Register Vol. 48, No. 28, July 12, 2024
SAMPLE
APPLICATION FOR DAY CARE
NAME ___________________ AGE _______________ BIRTH DATE
					 ___________
ADDRESS _______________ PHONE
					 ___________________________________
______________ SOCIAL SECURITY NUMBER
					 __________________________
MEDICARE NUMBER ______________________
WITH WHOM DO YOU LIVE?
					 __________________________________________
RELATIONSHIP?
					 ____________________________________________________
PERSON TO CONTACT IN AN EMERGENCY
					 ______________________________
ADDRESS
					 _______________________________
PHONE ____________ BUSINESS PHONE
					 _____
PHYSICAL LIMITATIONS (please list)
1. _________________________________
2. _________________________________
3. _________________________________
4. _________________________________
SPECIAL PHYSICAL NEEDS (medications during day, special
					 rest periods, etc. please list)
1. ___________________________ 4.
					 _____________________________
2. ___________________________ 5.
					 _____________________________
3. ___________________________ 6.
					 _____________________________
MEDICAL PROBLEMS (circle)
1. diabetic
8. hearing
2. subject to seizures
9. eyesight
3. heart disease
10. assistance with meals
4. dizziness
11. any paralysis
5. urinary control problem
12. difficulty in walking
6. bowel control problem
13. periodic confusion
7. special diet
14. allergies (list)
15. others
ARE YOU PRESENTLY UNDER A DOCTOR'S CARE?
_________________________________________________
NAME AND ADDRESS OF PHYSICIANS
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
SPECIAL INTEREST OR HOBBIES
__________________________________________________
__________________________________________________
DAYS ENTERED IN PROGRAMMING
A.M.
P.M
Monday
______________
________________
Tuesday
______________
________________
Wednesday
______________
________________
Thursday
______________
________________
Friday
______________
________________
DOYOU HAVE TRANSPORTATION?
_________________
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart R - DAY CARE PROGRAMS › Appendix C - Forms for Day Care in Long-Term Care Facilities › Form B

Current through Register Vol. 48, No. 28, July 12, 2024
SAMPLE
PHYSICIAN PERMISSION FORM
__________________ has applied for admittance to
								the day care program at
__________________ . Please supply the following
								information and also give written
permission for _____________________ to participate
								in the activity program.
Physical Limitations
__________________________
__________________________________________________________
Degree of activity
_________________________
________________________________________________________
Can day care resident be involved in activities
								outside of the facility
(in the community)?
_____________________________________________
Has
_____________________
been evaluated within the last 30 days
and found to be free of communicable and infectious
								disease? _________________
Medications and/or treatments and diet needed by
								day care resident during
the period of time spent in the facility.
_______________________
______________________________________________________________
______________________________________________________________
Can day care resident take own medication?
_____________________
Allergies
_________________________________
_____________________________________________________
Date:
_________
Signature of Physician:
_____________________
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart R - DAY CARE PROGRAMS › 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
86
97
113
136
85
71
78
87
99
117
90
71
79
88
102
122
95
71
79
89
105
(Table is from the National Oceanic and Atmospheric
				  Administration)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1010 - Incorporated and Referenced Materials

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following regulations and standards
				are incorporated in this Part:
1) Private and
				professional association standards:
A)
				American College of Obstetricians and Gynecologists, Guidelines for Women's
				Health Care, Fourth Edition (2014), which may be obtained from the American
				College of Obstetricians and Gynecologists Distribution Center, P.O. Box
				117223, Atlanta, GA 30368-7223 (800-762-2264). (See Section
				340.1550.)
B) American Society of Heating,
				Refrigerating, and Air Conditioning Engineers (ASHRAE): ASHRAE Guideline
				12-2020, "Managing the Risk of Legionellosis Associated with Building Water
				Systems" (March 30, 2021), which may be obtained from the American Society of
				Heating, Refrigerating, and Air Conditioning Engineers, Inc., 1791 Tullie
				Circle, N.E., Atlanta, GA 30329.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1115 - Federal Veterans' Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
The facility shall comply with the following:
a) Definitions (
				38
				CFR 51.2 );
b) Resident rights (
				38 CFR 51.70
				);
c) Admission, transfer and
				discharge rights (
				38 CFR
				51.80 );
d) Resident behavior and facility practices (
				38 CFR
				51.90 );
e) Quality of life (
				38 CFR 51.100
				);
f) Resident assessment (
				38 CFR 51.110
				);
g) Quality of care (
				38 CFR 51.120
				);
h) Nursing services (
				38 CFR 51.130
				);
i) Dietary services (
				38 CFR 51.140
				);
j) Physician services (
				38 CFR 51.150
				);
k) Specialized rehabilitative
				services (
				38 CFR
				51.160 );
l) Dental services (
				38 CFR 51.170
				);
m) Pharmacy services (
				38 CFR 51.180
				);
n) Infection control (
				38 CFR 51.190
				);
o) Physical environment (
				38 CFR
				51.200 ); and
p) Administration (
				38 CFR 51.210
				).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1120 - Application for License

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application for a license to establish or operate a facilityshall be made in
				writing and submitted to the Department, with other such information as the
				Department may require, on forms furnished by the Department. (Section 3-1031of
				the Act)
b) The license is not
				transferable. It is issued to a specific licensee and for a specific location.
				The license and the valid current renewal certificate immediately become void
				and shall be returned to the Department when a new license is issued to operate
				the facility; or when operation is discontinued; or when operation is moved to
				a new location; or when the licensee (if an individual) dies; or when the
				licensee (if a corporation or partnership) dissolves or terminates; or when the
				licensee (whatever the entity) ceases to be.
c) 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)
d) The Department may issue
				licenses or renewals for periods of not less than sixmonths nor more
				than18months for facilities with annual licenses and not less than 18 months
				nor more than 30 months for facilities with 2-year licenses in order to
				distribute the expiration dates of such licenses throughout the calendar year.
				Fees for such licenses shall be prorated on the basis of the portion of a year
				for which they are issued. (Section 3-110 of the Act)
e) The licensee shall qualify for issuance of
				a two-year license if the licensee has met the criteria contained in Section
				3-110(b) of the Act for the last 24 consecutive months.
f) A 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
				340.1125
				of this Part, if applicable. (Section 3-115 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1125 - 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 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1130 - 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) The Director or his or
				her designee may take adverse licensure action against a facility based on a
				finding that one or more of the following criteria are met:
1) A substantial failureto comply with the
				Act or this Part. (Section 3-119(a)(1) of the Act) For purposes of this
				provision, substantial failure is a failure to meet the requirements of the Act
				and 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 be 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 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1140 - Denial of Initial License

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				addition to the criteria outlined in Section
				340.1130,
				the Director may deny the issuance of an initial license based on revocation of
				a facility license. During the previous five years, if such prior license was
				issued to the individual applicant, a controlling owner or controlling
				combination of owners of the applicant; or any affiliate of the individual
				applicant or controlling owner of the applicant and such individual applicant,
				controlling owner of the applicant or affiliate of the applicant was a
				controlling owner of the prior license; provided, however, that the denial of
				an application for a license pursuant to this Part must be supported by
				evidence that such prior revocation renders the applicant unqualified or
				incapable of meeting or maintaining a facility in accordance with the Act and
				this Part. (Section 3-117 (5) of the Act)
b) Immediately upon denial of any application
				or reapplication for a license, the Department shall notify the applicant in
				writing. The notice of denial shall include a clear and concise statement of
				violations of Section 3-117 of the Act on which denial is based and notice of
				the opportunity for hearing. (Section 3-118 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1150 - Revocation or Denial of Renewal of License

Current through Register Vol. 48, No. 28, July 12, 2024
a) The license of a facility shall be revoked
				or 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
				340.1130(b)
				and in Section 3-119(a) of the Act).
b) 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.
c) The license of a facility will be revoked
				when the facility fails to abate or eliminate a Type A violation or when the
				facility has committed 2 Type "AA" violations within a 2-year period. Section
				3-119(a) of the Act)
d) When the
				Director, or his or her designee determines that the license of a facility is
				to be revoked or 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 violations on which the nonrenewal or
				revocation is based. (Section 3-119(b) of the Act) The statement shall include
				a citation to the provisions of the Act or this Part on which the application
				for renewal is being revoked or denied.
2) A statement of the date on which
				revocation will take effect or the current license of the facility will expire
				as provided in Section 3-119(d) of the Act.
3) A notice of the opportunity of the
				applicant for a hearing to contest the nonrenewal or revocation of the license.
				(Section 3-119(b) and (c) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1160 - Inspections, Surveys, Evaluations, and Consultations

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, State Fire Marshal's Office, State or federal department of
				Veterans' Affairs or by such 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 the Department's 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. A facility may charge
				the Department for such photocopying at a rate determined by the facility not
				to exceed the rate in the Department's Freedom of Information rules (2 Ill.
				Adm. Code 1126). (Section 3-213 of the Act)
b) Consultation consists of providing advice
				or suggestions to the staff of a facility at their request relative to specific
				matters of the scope of regulation, methods of compliance with the Act or this
				Part, or general matters of patient care.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1190 - Ownership Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
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)
The statement of ownership shall include the
				  following
:
a)
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
, 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 designated as the operator/licensee
of the
				facility
that
is the subject of the application or
				license
;
b)
The
name, address,
telephone number,
				occupation or business activity, business address, business telephone
				number
, and 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 or licensee is operating
the facility
that
is
				the subject of the application or license
; and
c)
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)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1200 - Monitor and Receivership

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department may place an employee or agent to serve as a monitor in accordance
				with Section 3-501 of the Act. (Section 3-501 of the Act) The monitor shall
				meet the following minimum requirements:
1)
				have an understanding of the needs of long-term care facility residents as
				evidenced by one year of experience, as appropriate, in working with the
				elderly in programs such as patient care, social work, advocacy, or facility
				inspection;
2) have an
				understanding of the Act and this Part which are the subject of the monitors'
				duties as evidenced in a personal interview of the candidate;
3) be unrelated to the owners or licensee of
				the involved facility either through blood, marriage or common ownership of
				real or personal property except ownership of stock that is traded on a stock
				exchange;
4) have successfully
				completed a baccalaureate degree, or possess a nursing license or a nursing
				home administrator's license; and
5) have two years full-time work experience
				in the long-term care industry of the State of Illinois.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1210 - Determination of a Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Upon receipt of a report of an inspection, survey or evaluation of a facility,
				the Director shall review the findings contained in the report to determine
				whether the report's findings constitute a violation or violations of which the
				facility must be givennotice. All information, evidence, and observations made
				during an inspection, survey or evaluation shall be considered in determining
				findings or deficiencies. (Section 3-212(c) of the Act)
b) In making this determination, the Director
				shall consider any comments and documentation provided by the facility within
				ten days of the facility's receipt of the report.
c) In determining whether the findings
				warrant the issuance of a notice of violation, the Director shall base his
				determination on the following factors:
1)
				The severity of the finding. The Director or his designee will consider whether
				the finding constitutes merely a technical, non-substantial error or whether
				the finding is serious enough to constitute an actual violation of the intent
				and purpose of the standard. (Section 3-212 (c) of the Act)
2) The danger posed to resident health and
				safety. The Director or his designee will consider whether the finding could
				pose any direct harm to the residents. (Section 3-212(c) of the Act)
3) The diligence and efforts to correct
				deficiencies and correction of reported deficiencies by the facility.
				Consideration will be given to any evidence provided by the facility in its
				comments and documentation that steps have been taken to reduce noted findings
				and to ensure a reduction of deficiencies. (Section 3-212(c) of the
				Act)
4) The frequency and duration
				of similar findings in previous reports and the facility's general inspection
				history. The Director or his designee will consider whether the same finding or
				similar finding relating to the same condition or occurrence has been included
				in previous reports and the facility has allowed the condition or occurrence to
				continue or to recur. (Section 3-212(c) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1220 - Determination of the Level of a Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a) After determining that issuance of a
				notice of violation is warranted and prior to issuance of the notice, the
				Director or his or her designee will review the findings that are the basis of
				the violation, and any comments and documentation provided by the facility. The
				level of violation shall be determined to be either a level AA, a level A, a
				level B, or a level C violation based on the definition of level of violation
				contained in the Act, Section
				340.1000 of this Part
				and on the criteria in this Section.
b) The following definitions of levels of
				violations shall be used in determining the level of each violation:
1) A "level AA violation" or a "Type AA
				violation" is a violation of the Actor this Part which creates a condition or
				occurrence relating to the operation and maintenance of a facility that
				proximately caused a resident's death. (Section 1-128.5 of the Act)
2) A "level A violation" or "Type A
				violation" is a violation of the Actor this Part which creates a condition or
				occurrence relating to the operation and maintenance of a facility that creates
				a substantial probability that the risk of death or serious mental or physical
				harm will result therefrom or has resulted in actual physical or mental harm to
				a resident. (Section 1-129 of the Act)
3) A "level B violation' or "Type B
				violation" is a violation of the Actor this Part which creates a condition or
				occurrence relating to the operation and maintenance of a facility that is more
				likely than not to cause more than minimal physical or mental harm to a
				resident. (Section 1-130 of the Act)
4) A "level C violation" or "Type C
				violation" is a violation of the Act or this Part which creates a condition or
				occurrence relating to the operation and maintenance of a facility that creates
				a substantial probability that less than minimal physical or mental harm to a
				resident will result therefrom. (Section 1-132 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1225 - Administrative Warning

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
				Department finds a situation, condition, or practice which violates the Act or
				this Part that does not constitute a Type "AA", Type "A", Type "B", or Type "C"
				violation, the Department shall issue an administrative warning. (Section
				3-303.2(a) of the Act)
b) Each
				administrative warning shall be in writing and shall include the following
				information:
1) A description of the nature
				of the violation.
2) A citation of
				the specific statutory provision or rule that the Department alleges has been
				violated.
3) A statement that the
				facility shall be responsible for correcting the situation, condition, or
				practice. (Section 3-303.2(a) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1230 - Plans of Correction and Reports of Correction

Current through Register Vol. 48, No. 28, July 12, 2024
a) The situation, condition, or practice
				constituting a Type "AA" violation or a Type "A" violation shall be abated or
				eliminated immediately unless a fixed period of time, not exceeding 15 days, as
				determined by the Department and specified in the notice of violation is
				required for correction. (Section 3-303(a) of the Act)
b) The facility shall have ten days after
				receipt of notice of violation for a Type B violation, or after receipt of a
				notice of failure to correct a situation, condition, or practice that resulted
				in the issuance of an administrative warning, to prepare and submit a plan of
				correction to the Department. (Section 3-303(b) of the Act)
c) Within the 10 day period, a facility may
				request additional time for submission of the plan of correction. The
				Department may extend the period for submission of the plan of correction for
				an additional 30 days, when it finds that corrective action by a facility to
				abate or eliminate the violation will require substantial capital improvement.
				The Department will consider the extent and complexity of necessary physical
				plant repairs and improvements and any impact on the health, safety, or welfare
				of the residents of the facility in determining whether to grant a requested
				extension. (Section 3-303(b) of the Act)
d) In lieu of submission of a plan of
				correction, a facility may submit a report of correction if corrective action
				has been completed. The report of correction shall be submitted within the time
				period required in subsections (a) and (b) of this Section.
e) Each plan of correction or report of
				correction shall be based on an assessment by the facility of the conditions or
				occurrences that are the basis of the violation and an evaluation of the
				practices, policies, and procedures that have caused or contributed to the
				conditions or occurrences. Evidence of such assessment and evaluation shall be
				maintained by the facility. Each plan of correction or report of correction
				shall include:
1) A description of the
				specific corrective action the facility is taking, or plans to take, or has
				taken to abate, eliminate, or correct the violation cited in the
				notice.
2) A description of the
				steps that will be or have been taken to avoid future occurrences of the same
				and similar violations.
3) A
				specific date by which the corrective action will be or was
				completed.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart A - GENERAL PROVISIONS › Section 340.1250 - Reduction or Waiver of Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				When the Director finds that correction of a violation required capital
				improvements or repairs in the physical plant of the facility and the facility
				has a history of compliance with physical plant requirements, the penalty will
				be reduced by the amount of the cost of the improvements or repairs. This
				reduction, however, shall not reduce the penalty for a Type A violation to an
				amount less than $1000.
b)
				Penalties resulting from Type B violations may be reduced or waived only under
				one of the following conditions:
1) The
				facility submits a true report of correction within ten days after the notice
				of violation is received, and the report is subsequently verified by the
				Department. (Section 3-308(a) of the Act)
2) The facility submits a plan of correction
				within ten days after the notice of violation is received; the plan is approved
				by the Department; the facility submits a report of correction within 15 days
				after submission of the plan of correction; and the report is subsequently
				verified by the Department. (Section 3-308(b) of the Act)
3) The facility submits a plan of correction
				within ten days after the notice of a violation is received; the plan provides
				for correction time that is less than or equal to 30 days after submission of
				the plan of correction; and the Department approves such plan. (Section
				3-308(c) of the Act)
4) Correction
				of the violation requires substantial capital improvements or repairs in the
				physical plant of the facility; the facility submits a plan of correction for
				violations involving substantial capital improvements which provides for
				correction within 90 days after submission of the plan, and the plan is
				approved by the Department. (Section 3-308(d) of the Act)