reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.200 - Inspections, Surveys, Evaluations and Consultation

Current through Register Vol. 48, No. 28, July 12, 2024
The terms survey, inspection and evaluation are synonymous.
				  These terms refer to the overall examination of compliance with the Act and
				  this Part.
a) All facilities to which
				this Part applies shall be subject to and shall be deemed to have given consent
				to annual inspections, surveys or evaluations by properly identified personnel
				of the Department, or by 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 this Act
				and the rules promulgated under the Act. 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
.
(Section 3-213 of the Act) A facility may charge the
				Department for photocopying at a rate determined by the facility not to exceed
				the rate in the Freedom of Information Act.
b)
No person shall:
1)
Intentionally prevent, interfere
				with, or attempt to impede in any way any duly authorized investigation and
				enforcement of
the
Act
or this Part (Section
				3-318(a)(2) of the Act);
2)
Intentionally prevent or attempt to prevent any examination of any
				relevant books or records pertinent to investigations and enforcement
				of
the
Act
or this Part (Section 3-318(a)(3) of the
				Act);
3)
Intentionally
				prevent or interfere with the preservation of evidence pertaining to any
				violation of
the
Act
or this Part (Section
				3-318(a)(4) of the Act);
4)
Intentionally retaliate or discriminate against any resident or
				employee for contacting or providing information to any state official, or for
				initiating, participating in, or testifying in an action for any remedy
				authorized under
the
Act
or this Part. (Section
				3-318(a)(5) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.210 - Filing an Annual Attested Financial Statement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Filing Requirement
1) Each licensee shall submit an annual
				attested financial statement to the Department. This financial statement shall
				be filed in a prescribed format on forms supplied by the Department. The forms
				will be developed in conjunction with the Illinois Department of Public Aid.
				(Section 3-208 of the Act)
2) The
				time period covered in the financial statement shall be a period determined by
				the Department for the initial filing, and shall thereafter coincide with the
				facility's fiscal year or the calendar year.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.220 - Information to Be Made Available to the Public By the Department

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				shall respect the confidentiality of a resident's record and shall not divulge
				or disclose the contents of a record in a manner which identifies a resident,
				except upon a resident's death to a relative or guardian, or under judicial
				proceedings. Section 2-206 of the Act shall not be construed to limit the right
				of a resident or a resident's representative to inspect or copy the resident's
				records. (Section 2-206(a) of the Act)
b) Confidential medical, social, personal or
				financial information identifying a resident shall not be available for public
				inspection in a manner which identifies a resident. (Section 2-206(b) of the
				Act)
c) The following information
				is subject to disclosure to the public from the Department or the Department of
				Healthcare and Family Services:
1)
				Information submitted under Sections 3-103 and 3-207 of the Act, except
				information concerning the remuneration of personnel licensed, registered, or
				certified by the Department of Financial and Professional Regulation and
				monthly charges for an individual private resident;
2) Records of license and certification
				inspections, surveys, and evaluations of facilities, other reports of
				inspections, surveys, and evaluations of resident care, whether a facility has
				been designated a distressed facility, and the basis for the designation, and
				reports concerning a facility prepared pursuant to Titles XVIII and XIX of the
				Social Security Act , subject to the provisions of the Social Security Act ( 42
				USCA 301 et seq.);
3) Cost and
				reimbursement reports submitted by a facility under Section 3-208 of the Act,
				reports of audits of facilities, and other public records concerning the cost
				incurred by, revenues received by, and reimbursement of facilities;
				and
4) Complaints filed against a
				facility and complaint investigation reports, except that a complaint or
				complaint investigation report shall not be disclosed to a person other than
				the complainant or complainant's representative before it is disclosed to a
				facility under Section 3-702 of the Act, and, further, except that a
				complainant or resident's name shall not be disclosed except under Section
				3-702 of the Act. (Section 2-205 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.230 - Information to be Made Available to the Public by the Licensee

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Every
				facility shall conspicuously post or display in an area of it accessible to
				residents, employees, and visitors the following:
1)
Its current
				license;
2)
A
				description, provided by the Department of complaint procedures established
				under the Act and the name, address, and telephone number of a person
				authorized by the Department to receive complaints;
3)
A copy of any order pertaining to
				the facility issued by the Department or a court;
4)
A list of the material available
				for public inspection under Section 3-210 of the Act;
5)
Phone numbers and websites for
				rights protection services must be posted in common areas and at the main
				entrance and provided upon entry and at the request of resident's
				representatives; and
6)
The statement "The Illinois Long-Term Care Ombudsman Program is a free
				resident advocacy service available to the
				public.".
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.240 - Municipal Licensing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Municipalities which have adopted a licensing ordinance as provided under
				Section 3-104 of the Act and this Part shall adopt this Part by complying with
				Article I, Division 3, of the Illinois Municipal Code (Ill. Rev. Stat. 1987,
				ch. 24, pars. 1-3-1 et seq.).
b)
				Municipalities shall issue licenses so that the expiration dates are
				distributed throughout the calendar year. The month the license expires shall
				coincide with the date of original licensure of the licensee. During the 24
				month period following the effective date of the Act, the municipality may
				issue renewal licenses for period of less than one year in order to distribute
				the expiration date of such licenses throughout the calendar year.
c) The municipality shall notify the
				Department within ten days from the date of issuance or denial of a license
				that the municipal license has been issued or denied. If the license is issued
				the notice will include the facility name, address, the date of issuance and
				the number of beds by level of care for which the license was issued. If the
				license is denied the notice will indicate reason for denial and the current
				status of licensee's (applicant's) application for municipal license.
d) The municipality shall use the same
				licensing classifications as the Department; and a facility may not be licensed
				for a different classification by the Department than by the
				municipality.
e) The Department and
				the municipality shall have the right at any time to visit and inspect the
				premises and personnel of any facility for the purpose of determining whether
				the applicant or licensee is in compliance with the Act, this Part or with the
				local ordinances which govern the regulation of the facility. The Department
				may survey any former facility which once held a license to insure that the
				facility is not again operating without a license. Municipalities may charge a
				reasonable license or renewal fee for the regulation of facilities, which fees
				shall be in addition to the fees paid to the Department.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.250 - Ownership Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
a)
As a condition of the issuance or renewal of the license of any
				facility, the applicant shall file a statement of ownership. The applicant
				shall update the information required in the statement of ownership within 10
				days
after
any change.
(Section 3-207(a) of the
				Act)
b)
The statement of
				ownership shall include the following:
1)
The name, address, telephone
				number, occupation or business activity, business address and business
				telephone number of the person who is the owner of the facility and every
				person who owns the building in which the facility is located, if other than
				the owner of the facility
that
is the subject of the
				application or license;
2)
If the owner is a partnership or corporation, the name of every partner
				and stockholder of the owner
(Section 3-207(b) of the Act);
3) The percent of direct or indirect
				financial interest of those persons who have a direct or indirect financial
				interest of five percent or more in the legal entity designated as the
				operator/licensee of the facility that is the subject of the application or
				license;
4) The name, address,
				telephone number, occupation or business activity, business address, business
				telephone number, and percent of direct or indirect financial interest of those
				persons who have a direct or indirect financial interest of five percent or
				more in the legal entity that owns the building in which the operator/licensee
				is operating the facility that is the subject of the application or license;
				and
5)
The name and address
				of any facility, wherever located, any financial interest
that
is owned by the applicant, if the facility were required to be licensed
				if it were located in this State.
(Section 3-207(b) of the
				Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.270 - Monitor and Receivership

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department may place an employee or agent to serve as a monitor in a facility
				when any of the following conditions exist:
1) The facility is operating without a
				license;
2) The Department has
				suspended, revoked or refused to renew the existing license of the
				facility;
3) The facility is
				closing or has informed the Department that it intends to close and adequate
				arrangements for relocation of residents have not been made at least 30 days
				prior to closure; or
4) The
				Department determines that an emergency exists, whether or not it has initiated
				revocation or nonrenewal procedures, if because of the unwillingness or
				inability of the licensee to remedy the emergency the Department believes a
				monitor is necessary. As used in this subsection, "emergency" means a threat to
				the health, safety or welfare of a resident that the facility is unwilling or
				unable to correct. (Section 3-501 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.272 - Determination to Issue a Notice of Violation or Administrative Warning

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt of
				a report of an inspection, survey, or evaluation of a facility,
the
				Director
will review the findings contained in the report to
determine whether the report's findings constitute a violation or
				violations of which the facility must be given notice.
All
				information, evidence, and observations made during an inspection, survey or
				evaluation will be considered findings or deficiencies. (Section 3-212(c) of
				the Act)
b) In making this
				determination, the Director will consider any
comments and
				documentation provided by the licensee within 10 days after receipt of the copy
				of the report
in accordance with Section
				330.200(e).
				(Section 3-212(c) of the Act)
c) In
				determining whether the findings warrant the issuance of a notice of violation,
				the Director will consider the following factors:
1)
The severity of the
				finding.
The Director will consider whether the finding constitutes a
				technical non-substantial error or whether the finding is serious enough to
				constitute an actual violation of the intent and purpose of the Act or this
				Part.
2)
The danger posed
				to resident health and safety.
The Director will consider whether the
				finding could pose any direct harm to the residents.
3)
The diligence and efforts to
				correct deficiencies and correction of reported deficiencies
by the
				facility
.
The Director will consider
comments and
				documentation provided by the facility
evidencing that steps have been
				taken to correct reported findings and to insure a reduction of
				deficiencies.
4)
The
				frequency and duration of similar findings in previous reports and the
				facility's general inspection history.
The Director will consider
				whether the same finding or a similar finding relating to the same condition or
				occurrence has been included in previous reports and whether 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 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.274 - Determination of the Level of a Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a) After determining that issuance of a
				notice of violation is warranted and prior to issuance of the notice, the
				Director will review the findings that are the basis of the violation, and any
				comments and documentation provided by the facility, to determine the type of
				the violation. Each violation shall be determined to be either a Type "AA",
				Type "A", Type "B", or Type "C" violation based on the criteria in this
				Section.
b) The following
				definitions of types of violations shall be used in determining the type of
				each violation:
1) A Type "AA" violation is
a violation of
the
Act or
this Part that
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
				Type "A" violation is
a violation of
the
Act
				or
this Part that
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 Type "B" violation is
a
				violation of
the
Act or
this Part that
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 Type "C" violation is
a violation of
the
Act or
this Part that
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 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.276 - Notice of Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Each notice of violation shall be prepared 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 alleged
by the
				Department
to have
been violated. (Section 3-301 of the
				Act)
3) A statement of the type of
				violation as determined pursuant to Section
				330.274.
4) Information regarding
any action
				the Department may take under the Act, including the requirement of a facility
				plan of correction under Section 3-303
of the Act;
placement
				of a facility on a list prepared under Section 3-304
of the Act;
assessment of a penalty under Section 3-305
of the Act;
				issuance of
a conditional license under Sections 3-311 through
				3-317
of the Act;
or license suspension or revocation under
				Section 3-119
of the Act.
5) Information regarding the
rights
				to a hearing under Section 3-703
of the Act. (Section 3-301(a) of the
				Act)
6) One of the following
				requirements for corrective action:
A) For
				Type "AA" violations and Type "A violations, a statement that necessary
				corrective action to
abate or eliminate the situation, condition or
				practice constituting a Type "AA" violation or a Type "A" violation
				shall
be taken
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) In setting this period, the Department will consider whether harm to
				residents of the facility is imminent, whether necessary precautions can be
				taken to project residents before the corrective action is completed, and
				whether delay would pose additional risks to the residents.
B) For Type "B" violations, a
request
that the facility submit
a plan of correction
				within ten days after receipt of the notice of violation
pursuant to
				Section 3-303(b) of the Act and Section
				330.278. (Section 3-303(b) of
				the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.277 - Administrative Warning

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
				Department finds a situation, condition, or practice which violates the Act or
				this Part that does not constitute a Type "AA", Type "A", Type "B", or Type "C"
				violation, the Department shall issue an administrative warning. (Section
				3-303.2(a) of the Act)
b) Each
				administrative warning shall be in writing and shall include the following
				information:
1) A description of the nature
				of the violation.
2) A citation of
				the specific statutory provision or rule that the Department alleges has been
				violated.
3) A statement that the
				facility shall be responsible for correcting the situation, condition, or
				practice. (Section 3-303.2(a) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.278 - Plans of Correction

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The situation, condition, or practice constituting a Type "AA"
				violation or a Type "A" violation shall be abated or eliminated immediately
				unless a fixed period of time, not exceeding 15 days, as determined by the
				Department and specified in the notice of violation is required for
				correction.
(Section 3-303(a) of the Act)
b)
The facility shall have 10 days
				after receipt of notice of violation
for a Type "B" violation, or
				after receipt of a notice under Section
				330.277(d) of
				failure to correct a situation, condition, or practice that resulted in the
				issuance of an administrative warning,
to prepare and submit a plan of
				correction
to the Department. (Section 3-303(b) of the Act)
c) Within the 10-day period, a facility may
				request additional time for submission of the plan of correction. The
				Department will extend the period for submission of the plan of correction for
				an additional 30 days, when it finds that corrective action by a facility to
				abate or eliminate the violation will require
substantial capital
				improvement.
The Department will consider the extent and complexity of
				necessary physical plant repairs and improvements and any impact on the health,
				safety, or welfare of the residents of the facility in determining whether to
				grant a requested extension. (Section 3-303(b) of the Act)
d)
No person shall intentionally fail
				to correct or interfere with the correction of a Type "AA", Type "A", or Type
				"B" violation within the time specified on the notice or approved plan of
				correction under
the
Act as the maximum period given for
				correction, unless an extension is granted
pursuant to subsection (c)
and the corrections are made before expiration of extension. A
				violation of this
subsection
is a business offense, punishable
				by a fine not to exceed $10,000, except as otherwise provided in subsection (2)
				of Section 3-103
of the Act and Section
				330.120(d)
as to submission of false or misleading information in a license
				application.
(Section 3-318 (a)(1) and (b) of the Act)
e) Each plan of correction shall be based on
				an assessment by the facility of the conditions or occurrences that are the
				basis of the violation and an evaluation of the practices, policies, and
				procedures that have caused or contributed to the conditions or occurrences.
				Evidence of the assessment and evaluation shall be maintained by the facility.
				Each plan of correction shall include:
1) A
				description of the specific corrective action the facility is taking, or plans
				to take, to abate, eliminate, or correct the violation cited in the
				notice.
2) A description of the
				steps that will be taken to avoid future occurrences of the same and similar
				violations.
3) A specific date by
				which the corrective action will be completed.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.280 - Reports of Correction

Current through Register Vol. 48, No. 28, July 12, 2024
a) In lieu
				of submission of a plan of correction, a facility may submit a report of
				correction if the corrective action has been completed. The report of
				correction shall be submitted within the time periods required in Section
				330.278 for submission of a plan
				of correction.
b) Each report of
				correction shall be based on an assessment by the facility of the conditions or
				occurrences which are the basis of the violation and an evaluation of the
				practices, policies, and procedures that have caused or contributed to the
				conditions or occurrences. Evidence of the assessment and evaluation shall be
				maintained by the facility. Each report of correction shall include:
1) A description of the specific corrective
				action the facility has taken to abate, eliminate, or correct the violation
				cited in the notice;
2) A
				description of the steps the facility has taken to avoid future occurrences of
				the same and similar violations;
3)
				The specific date on which the corrective action was completed; and
4) A signed statement by the administrator of
				the facility that the report of correction is true and accurate, which shall be
				considered an oath for the purposes of any legal proceedings.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.286 - Notice of Penalty Assessment; Response by Facility

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Director determines that a penalty
				is to be assessed, a written notice of penalty assessment shall be sent to the
				facility. Each notice of penalty assessment shall include:
1)
The amount of the penalty
assessed as provided in Section
				330.282.
2) The amount of any reduction or whether the
				penalty has been waived pursuant to Section
				330.288.
3) A description of
the
				violation,
including a reference to the notices of violation and plans
				of correction that are the basis of the assessment.
4) A citation to the provision of
the
				statute or rule
that the facility has violated.
5) A description of the right of the facility
				to appeal the assessment and of
the right to a hearing under Section
				3-703 of
the
Act.
(Section 3-307 of the
				Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.287 - Consideration of Factors for Assessing Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
At any hearing requested by a facility that challenges the
				  appropriateness of any penalty imposed by the Department, the facility may
				  present evidence as to any or all of the following factors. The Director or his
				  or her designee will then consider any such evidence presented by the facility,
				  or any evidence otherwise available to the Department, regarding the following
				  factors in determining whether a penalty is to be imposed and in determining
				  the amount of the penalty to be imposed, if any, for a violation.
a) The gravity of the violation, including
				the probability that death or serious physical or mental harm to a resident
				will result or has resulted, the severity of the actual or potential harm, and
				the extent to which the provisions of the Act or this Part were violated. A
				penalty will be assessed when the Director or his or her designee finds that
				death or serious physical or mental harm to a resident has occurred or that the
				facility has knowingly subjected residents to potential serious harm.
b) The reasonable diligence exercised by the
				licensee and efforts to correct violations. The Director or his or her designee
				will assess a monetary penalty if he or she finds that the violation recurred
				or continued, is widespread throughout the facility or evidences flagrant
				violation of the Act or this Part.
c) Any previous violations committed by the
				licensee. The Director or his or her designee will assess a penalty when he or
				she finds that the facility has been cited for similar violations and has
				failed to correct those violations as promptly as practicable or has failed to
				exercise diligence in taking necessary corrective action. The Director or his
				or her designee will also consider any evidence that the violations constitute
				a pattern of deliberate action by the facility. Then extent of any change in
				the ownership and management of the facility will be considered in relation to
				the seriousness of previous violations.
d) The financial benefit to the facility of
				committing or continuing the violation. Those benefits include, but are not
				limited to, diversion of costs associated with physical plant repairs, staff
				salaries, consultant fees or direct patient care services. (Section 3-306 of
				the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.288 - Reduction or Waiver of Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Reductions for all types of violations subject to penalties.
1) The Director consider the factors
				contained in Section 330.287 in determining whether
				to reduce the amount of the penalty to be assessed from the amount calculated
				pursuant to Section 330.282 and in determining the amount of such
				reduction.
2) 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 "AA" or Type "A" violation to an amount
				less than $1000.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.300 - Alcoholism Treatment Programs in Long-Term Care Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) A facility that
				desires to provide an alcoholism treatment program shall first receive written
				approval from the Department. Approval will be granted only if the facility can
				demonstrate the program will not interfere in any way with the residents in the
				other parts of the facility.
b) Any
				alcoholism treatment program in a facility shall meet the requirements of the
				Alcoholism and Substance Abuse Treatment and Intervention Licenses and the
				Substance Use Disorder Act.
c) The
				alcoholism treatment program shall be in a separate distinct part of the
				facility, and shall include all beds in that distinct part. It shall be
				separated from the rest of the facility, and have separate entrances.
d) Beds designated for alcoholism treatment
				cannot be used for long-term care residents, nor can beds designated for
				long-term care residents be used for residents undergoing treatment for
				alcoholism.
e) The alcoholism
				treatment program staff shall not be utilized in performing services in the
				long-term care distinct part of the facility, nor shall long-term care program
				staff provide any services in the alcoholism treatment designated
				area.
f) Joint use of laundry, food
				service, housekeeping and administrative services is permitted, provided
				written approval is obtained from the Department. Approval will be granted only
				if the facility can demonstrate that joint usage will not interfere in any way
				with the residents in other distinct parts of the facility.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.310 - Department May Survey Facilities Formerly Licensed

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may survey any former facility which once held
				  a license to insure that the facility is not again operating without a license.
				  (Section 3-107 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.315 - 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 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.320 - Waivers

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Upon
				application by a facility, the Director may grant or renew the waiver of the
				facility's compliance with
the Act or 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(a) 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(a) 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
this
				Part
;
2)
the validity and effect upon patient health and safety 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
this Part
.
(Section 3-303.1(a) of the
				Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 330.340 - Incorporated and Referenced Materials

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following standards and guidelines are
				incorporated in this Part:
1) For existing
				facilities (see Subpart O), National Fire Protection Association (NFPA) 101
				(2012): Life Safety Code Chapter 19, applies to and is part of this Part, which
				may be obtained from the National Fire Protection Association, 1 Batterymarch
				Park, Quincy, MA 01269.
A) All appropriate
				references under NFPA 101 (2012), Chapter 2, Referenced Publications;
				and
B) NFPA 101 A (2013), Guide on
				Alternative Approaches to Life Safety
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart B - ADMINISTRATION › Section 330.510 - Administrator

Current through Register Vol. 48, No. 28, July 12, 2024
a) There shall be a
				responsible and qualified administrator full-time for each licensed facility.
				The administrator shall be a high school graduate or equivalent and at least 18
				years of age. The licensee will report any change in administrator to the
				Department, within five days.
b)
				The administrator shall delegate in writing adequate authority to a person at
				least 18 years of age who is capable of acting in an emergency during his
				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
				purposes of Section 3-212 of the Act, which requires Department staff to
				provide the licensee with a copy of their report before leaving the facility.
				(B)
c) The licensee and
				administrator shall be familiar with this Part. They shall be responsible for
				seeing that the applicable regulations are met in the facility and that
				employees are familiar with those regulations according to the level of their
				responsibilities. (A, B)
d) The
				administrator shall arrange for facility supervisory personnel to annually
				attend appropriate educational programs on supervision, nutrition, and other
				pertinent subjects.
e) The
				administrator shall appoint in writing a member of the facility staff to
				coordinate the establishment of, and render assistance to, the resident's
				advisory council.
f) If the
				facility has an assistant administrator, the Department shall be informed of
				the name and dates of employment and termination of this person.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart C - POLICIES › Section 330.720 - Admission 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 nursing care
				shall be admitted to or kept in a sheltered care facility. Neither shall any
				such resident be kept in a distinct part designated and classified for
				sheltered care.
c) Homes in Chicago
				licensed as Residential Care (Half-Way) Homes shall only accept and keep
				persons requiring residential care. Residential care is defined as maintenance
				and oversight. Oversight is defined as general watchfulness and appropriate
				action to meet the total needs of residents, exclusive of nursing or personal
				care, as defined in Chapter 136.1 of the "Municipal Code of the City of
				Chicago". Oversight shall include, at a minimum, social, recreational, and
				employment opportunities for residents who, by reason of previous physical or
				mental disability, or in the opinion of a licensed physician, are in need of
				residential care.
d) Each facility
				shall have a policy concerning the admission of persons needing prenatal or
				maternity care, and a policy concerning the keeping of such persons who become
				pregnant while they are residents of the facility. If these policies permit
				such persons to be admitted to or kept in the facility, then the facility shall
				have a policy concerning the provision of adequate and appropriate prenatal and
				maternity care to such individuals from in-house or outside
				resources.
e) No person shall be
				admitted to or kept in the facility:
1) Who is
				at risk because the person is reasonably expected to self-inflict serious
				physical harm or to inflict serious physical harm on another person in the near
				future, as determined by professional evaluation;
2) Who is destructive of property and that
				destruction jeopardizes the safety of her/himself or others;
3) Who has serious mental or emotional
				problems based on medical diagnosis; or
4) Who is an identified offender, unless the
				assessment requirements of Section
				330.715
				for new admissions and the requirements of Section
				330.725 are
				met.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart C - POLICIES › Section 330.725 - 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 shall
				furnish to the Department of State Police, pursuant to an inquiry under this
				subsection (c)(2), any criminal history record information contained in its
				files.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart C - POLICIES › Section 330.726 - Discharge Planning for Identified Offenders

Current through Register Vol. 48, No. 28, July 12, 2024
a) If, based on the security measures listed
				in the Identified Offender Report and Recommendation, a facility determines
				that it cannot manage the identified offender resident safely within the
				facility, it shall commence involuntary transfer or discharge proceedings
				pursuant to Section 3-402 of the Act and Section
				330.4300 of
				this Part. (Section 2-201.6(g) of the Act)
b) All discharges and transfers shall be
				pursuant to Section
				330.4300 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
				330.725 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 330 - SHELTERED CARE FACILITIES CODE › Subpart C - POLICIES › Section 330.727 - 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
				330.4300 of
				this Part. (Section 2-201 of the Act)
b) All discharges and transfers shall be
				pursuant to Section
				330.4300 of
				this Part.
c) When a resident who
				is an identified offender is transferred to another facility regulated by the
				Department, the Department of Healthcare and Family Services, or the Department
				of Human Services, the transferring facility shall notify the Department and
				the receiving facility that the individual is an identified offender before
				making the transfer.
d) This
				notification shall include all of the documentation required under Section
				330.725 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 330 - SHELTERED CARE FACILITIES CODE › Subpart C - POLICIES › Section 330.730 - Contract Between Resident and Facility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Contract Execution
1) Before a person is admitted to a facility,
				or at the expiration of the period of previous contract, or when the source of
				payment for the resident's care changes from private to public funds or from
				public to private funds, a written contract shall be executed between a
				licensee and the following in order of priority:
A) The person, or if the person is a minor,
				his parent or guardian; or
B) The
				person's guardian, if any, or agent, if any, as defined in Section2-3 of the
				Illinois Power of Attorney Act;or
C) A member of the person's immediate family.
				(Section 2-202(a) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart C - POLICIES › Section 330.740 - Residents' Advisory Council

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each facility shall establish a residents' advisory council consisting of at
				least five resident members. If there are not five residents capable of
				functioning on the residents' advisory council, as determined by the
				Interdisciplinary Team, residents' representatives shall take the place of the
				required number of residents. The Administrator shall designate another member
				of the facility staff (other than the administrator) to coordinate the
				establishment of, and render assistance to, the council. (Section 2-203 of the
				Act)
b) Each facility shall develop
				and implement a plan for assuring a liaison with concerned individuals and
				groups in the local community. Ways in which this requirement can be met
				include, but are not limited to, the following:
1) the inclusion of community members such as
				volunteers, family members, residents' friends, residents' advocates, or
				community representatives on the resident advisory council;
2) the establishment of a separate community
				advisory group with persons of the residents' choosing; or
3) finding a church or civic group to "adopt"
				the facility.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 330 - SHELTERED CARE FACILITIES CODE › Subpart C - POLICIES › Section 330.750 - General Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				facility shall have daily visiting hours from 10 A.M. to 8 P.M.
				daily.
b) There shall be no
				resident traffic through a resident's room by residents of the opposite sex to
				reach any other area of the building.
c) Children, not employed in the facility,
				under 16 years of age related to employees, owners, or administrators shall be
				restricted to quarters reserved for family or employee use except during times
				when such children are part of a group visiting the facility as part of a
				planned program, or similar activity.