reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart A - GENERAL PROVISIONS › Section 295.600 - Issuance of an Initial Regular License

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt and review of an application
				for a license and review of the applicant establishment, the Director may issue
				a license if he or she finds:
1) That the
				individual applicant, or the corporation, partnership, or other entity if the
				applicant is not an individual, is a person responsible and suitable to operate
				or to direct or participate in the operation of an establishment by virtue of
				financial capacity, appropriate business or professional experience, a record
				of lawful compliance with lawful orders of the Department and lack of
				revocation of a license issued under the Act, the Nursing Home Care Act, or the
				MR/DD Community Care Act during the previous five years;
2) That the establishment is under the
				supervision of a full-time manager who meets the requirements of Section
				295.3010;
3) That the establishment has staff
				sufficient in number with qualifications, adequate skills, education, and
				experience to meet the 24-hour scheduled and unscheduled needs of residents and
				who participate in ongoing training to serve the resident population;
4) That all employees who are subject to the
				Health Care Worker Background Check Act meet the requirements of that Act and
				the requirements of the Health Care Worker Background Check Code;
5) That the applicant is in substantial
				compliance with the Act and this Part;
6) That the applicant pays all required fees;
				and
7) That, if the applicant
				establishment offers, advertises or markets to provide specialized services for
				individuals with Alzheimer's disease and related dementias through an
				Alzheimer's special care program, the applicant has provided an accurate
				disclosure document to the Department in accordance with the Alzheimer's
				Disease and Related Dementias Special Care Disclosure Act and in substantial
				compliance with Section 150 of the Act and Section
				295.4060.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart A - GENERAL PROVISIONS › Section 295.700 - Issuance of a Renewal License

Current through Register Vol. 48, No. 28, July 12, 2024
a) At
				least 120 days, but not more than 150 days, prior to license expiration, the
				licensee shall submit an application for renewal of the license, in such form
				and containing such information as the Department requires. The application
				shall be accompanied by the fee prescribed in Section
				295.500.
				If the application is approved and the establishment is in substantial
				compliance with all other licensure requirements, the Department may renew the
				license for an additional period of 2 years at the request of the
				licensee.
b) If a licensee whose
				license has been renewed for 2 years under this Section subsequently fails to
				meet any of the conditions set forth in the Act and this Part, then, in
				addition to any other sanctions that the Department may impose under the Act
				and this Part, the Department shall revoke the 2-year license and replace it
				with a one-year license until the licensee again meets all of the conditions
				set forth in Section 45 of the Act and this Part.
c) If the application for renewal is not
				timely filed in accordance with subsection (a) of this Section, the Department
				shall so inform the licensee.
d) If
				appropriate, the renewal application shall not be approved unless the applicant
				has provided to the Department an accurate disclosure document in accordance
				with the Alzheimer's Disease and Related Dementias Special Care Disclosure Act
				and Section
				295.1100.
				(Section 45 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart A - GENERAL PROVISIONS › Section 295.800 - Probationary License

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department may issue a probationary license within 90 days after receipt of a
				completed application for a regular license. Circumstances in which a
				probationary license shall be issued include, but are not limited to:
1) The applicant has not been previously
				licensed under the Act;
2) The
				establishment is not in operation at the time the application is made; (Section
				40 of the Act)
3) The applicant is
				a sheltered care, intermediate care, or skilled care facility converting beds
				to assisted living; or
4) Ownership
				of an establishment is transferred from the person named in the license to any
				other person. (Section 50 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart A - GENERAL PROVISIONS › Section 295.900 - Denial of a License

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				application for a license may be denied for any of the following reasons:
1) Failure to meet any of the standards set
				forth in the Act;
2) Failure to be
				in substantial compliance with this Part;
3) Conviction of the applicant, or if the
				applicant is a firm, partnership, or association, of any of its members, or if
				a corporation, the conviction of the corporation or any of its officers or
				stockholders, or of the person designated to manage or supervise the
				establishment, of a felony or of two or more misdemeanors involving moral
				turpitude during the previous five years as shown by a certified copy of the
				record of the court of conviction;
4) Personnel insufficient in number or
				unqualified by training or experience to properly care for the
				residents;
5) Insufficient
				financial or other resources to operate and conduct the establishment in
				accordance with this Part;
6)
				Revocation of a license in Illinois 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 Section must be supported by
				evidence that the prior revocation renders the applicant unqualified or
				incapable of meeting or maintaining an establishment in accordance with this
				Part;
7) The establishment is not
				under the direct supervision of a full-time manager; or (Section 55 of the
				Act)
8) Refusal to permit entry or
				review of the establishment by any authorized officer, employee or agent of the
				Department. (Section 120 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart A - GENERAL PROVISIONS › Section 295.1000 - Revocation, Suspension, or Refusal to Renew a License

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department, after notice to the
				applicant or licensee, may suspend, revoke, or refuse to renew a license in any
				case in which the Department finds any of the following:
1) That there has been a substantial failure
				to comply with the Act or this Part;
2) That there has been a conviction of the
				licensee, or of the person designated to manage or supervise the establishment,
				of a felony or of two or more misdemeanors involving moral turpitude during the
				previous five years as shown by a certified copy of the record of the court of
				conviction;
3) That the personnel
				are insufficient in number or unqualified by training or experience to properly
				care for the number and type of residents served by the
				establishment;
4) That the
				financial or other resources are insufficient to conduct and operate the
				establishment in accordance with this Part; or
5) That the establishment is not under the
				direct supervision of a full-time manager. (Section 65(a) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart A - GENERAL PROVISIONS › Section 295.1010 - Transfer of Ownership

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				establishment license is not transferable or applicable to any location,
				establishment, management agent or ownership other than that indicated on the
				application and license.
b)
				Whenever ownership of an establishment is transferred from the person named in
				the license to any other person, the transferee must obtain a new probationary
				license. The transferee shall notify the Department of the transfer and apply
				for a new license at least 30 days prior to final transfer. (Section 50(a) of
				the Act)
c) The transferor shall
				notify the Department at least 30 days prior to final transfer. The transferor
				shall remain responsible for the operation of the establishment until such time
				as a probationary license is issued to the transferee. (Section 50(b) of the
				Act)
d) The transferor shall remain
				liable for all penalties assessed against the establishment that are imposed
				for violations occurring prior to transfer of the license. The license granted
				to the transferee shall be subject to any agreements made by the previous owner
				and approved by the Department to remedy the violation. If there are
				outstanding violations that have not been remedied, the Department may require
				that the violations be corrected prior to the issuance of a license.
e) The residents shall be informed of any
				transfer of ownership of the establishment.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart A - GENERAL PROVISIONS › Section 295.1020 - Information to Be Made Available to the Resident by the Licensee

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				establishment shall provide a resident or representative with the following
				information at the time the resident is accepted into the establishment:
1) A copy of current resident policies or a
				resident handbook;
2) Whether each
				unit has independent heating and cooling controls and their location;
3) The establishment's policy concerning
				response to medical emergency situations; and
4) Whether the establishment provides
				therapeutic diets.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart A - GENERAL PROVISIONS › Section 295.1030 - Information to Be Made Available to the Public by the Department

Current through Register Vol. 48, No. 28, July 12, 2024
a) Individuals may
				request information from the Department concerning an establishment by
				submitting a written request to the Department and paying reasonable copying
				fees for documents in excess of 20 pages. Such information may include, but is
				not limited to:
1) Ownership,
2) Licensure status,
3) Frequency of complaints,
4) Disposition of substantiated complaints,
				and
5) Disciplinary actions.
				(Section 110(f) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart A - GENERAL PROVISIONS › Section 295.1040 - Technical Infractions

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				technical infraction is a situation in which the establishment's failure to
				meet a requirement of this Part does not result in harm and does not have a
				significant negative impact on the delivery of services to residents. A
				technical infraction may include a Type 3 violation that is identified and
				corrected during the on-site survey review process.
b) The establishment shall be required to
				correct a technical infraction. If the establishment has taken steps to correct
				the technical infraction, no fine, violation, or sanction shall be
				imposed.
c) Repeat of the same
				technical infraction during subsequent on-site surveys may result in a Type 3
				violation.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart A - GENERAL PROVISIONS › Section 295.1050 - Violations

Current through Register Vol. 48, No. 28, July 12, 2024
For the purpose of this Section, the following definitions
				  apply:
Violation - a situation in which the requirements of this
				  Part are not met due to the conduct of the establishment or its staff, either
				  by an improper action or the failure to take an action. A violation may only be
				  based upon the licensee's improper conduct or the conduct of the licensee's
				  staff.
Type 3 violation - an act or omission by the establishment or
				  its staff, except by accidental means, that causes a significant negative
				  impact on the delivery of services to the residents of the establishment. The
				  establishment shall be required to participate in a consultative review with
				  the Department unless the establishment has taken corrective action within a
				  time frame agreed upon between the Department and the establishment.
Type 2 violation - an act or omission by the establishment or
				  its staff that causes harm to a resident or creates a substantial probability
				  of harm to a resident or residents.
Type 1 violation - an act or omission by the establishment or
				  its staff that causes severe harm or the death of a resident or creates a
				  substantial probability of severe harm to a resident or
				  residents.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart A - GENERAL PROVISIONS › Section 295.1060 - Remedies and Sanctions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department may impose the following remedies and sanctions upon an
				establishment that is found to have committed a violation:
1) In addition to other remedies, the
				Department may conduct a consultative conference with administrative staff who
				oversee the daily operations of the establishment to identify remedial actions
				to address a violation. At the Department's discretion the consultative
				conference may be part of the on-site review, via teleconference, or other
				means of communication. Failure to meet the requirements established in the
				consultative conference will result in a higher sanction if the establishment
				does not come into compliance.
2) A
				statement of correction shall be required for all levels of violation, either
				offered by the establishment or imposed by the Department. A statement of
				correction must be submitted by the licensee within 15 days after the
				notification to the establishment of the statement of finding or violation. A
				statement of correction must be in writing and must contain:
A) A description of the specific corrective
				action the establishment is taking for each finding or violation;
B) A description of the steps that will be
				taken to avoid future occurrences; and
C) A specific date by which the correction
				shall be completed.
3) An
				administrative warning may be imposed by the Department for any Type 3
				violation.
4) Mandatory training
				may be required of establishment staff as a remedy for any violation.
5) A directed plan of correction may be
				imposed for initial violations and repeat violations after the establishment
				fails to submit or carry out its own statement of correction or the
				establishment's plan fails to address the issue. The Department may impose an
				immediate plan of correction for a Type 1 violation.
6) Fines shall be imposed as follows:
A) The Department will impose a fine of up to
				$500 for an initial Type 2 violation.
B) The Department will impose a fine of up to
				$1000 on any provider that has repeat Type 2 violations at a subsequent on-site
				inspection.
C) The Department will
				impose a fine of up to $2000 for initial Type 1 violations.
D) The Department will impose a fine of up to
				$10,000 on any provider that has a repeat Type 1 violation or when the Director
				or the Director's designee determines that a serious and immediate threat
				exists.
7) A revocation
				of an establishment's license may occur when other remedies and sanctions have
				been progressively applied and the establishment has not achieved compliance.
				The decision to revoke a license may only be made by the Director of the
				Department or the Director's designee.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart A - GENERAL PROVISIONS › Section 295.1070 - Annual On-Site Review and Complaint Investigation Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The
				Department
will
conduct an annual unannounced on-site visit at
				each assisted living and shared housing establishment to determine compliance
				with the applicable licensure requirements and standards
as set forth
				in the Act and this Part.
Additional visits may be conducted without
				prior notice to the assisted living or shared housing establishment.
(Section 110(a) of the Act)
b) The
				purpose of the annual on-site review shall be to ensure establishments'
				compliance with this Part and to assist the licensee in meeting the
				requirements of this Part and providing quality services to the consumer. The
				visit shall
focus on solving resident issues and concerns, and the
				quality improvement process implemented by the establishment to address
				resident issues.
(Section 30(a) of the Act) The on-site review shall
				be conducted in a collaborative manner, with the Department and the
				establishment focused on meeting the needs of the residents.
c) The review shall address the following
				issues:
1) Assessment, service plan and
				services provided to ensure that resident needs are met;
2) Staff sufficient in numbers and with
				appropriate skill, education and training to provide services required by the
				resident population;
3) Compliance
				with the Health Care Worker Background Check Act;
4) Compliance with service delivery contracts
				and lease agreements;
5) Grievance
				procedures;
6) Service plan,
				negotiated risk, and protection of individual rights and resident's involvement
				in directing his or her own care;
7) Quality improvement policies and
				procedures to determine whether an effective procedure is in place. Quality
				improvement policies shall not be used as the sole criterion for issuance of a
				violation;
8) Whether an annual
				resident satisfaction survey has been conducted;
9) Compliance with physical plant, health and
				sanitation, and food preparation requirements as set forth in this
				Part;
10) Any complaints not
				reviewed through an on-site review; and
11) Incident and accident reports that are
				required to be submitted to the Department.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart A - GENERAL PROVISIONS › Section 295.1080 - Waivers

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				may grant a waiver from this Part if the licensee or applicant can demonstrate
				that an alternative is available to ensure the residents' health, safety, and
				welfare.
b) An applicant or
				licensee shall submit a written request for a waiver on a Department-provided
				form that includes:
1) The applicant's or
				licensee's name;
2) The name,
				address, and license number, if applicable, of the assisted living or shared
				housing establishment;
3) The
				specific Section of this Part for which the applicant is requesting a
				waiver;
4) The reason or reasons
				why an applicant is not able to comply with the requirement; and
5) An alternative that ensures that the
				health, safety, and welfare of residents are protected.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart A - GENERAL PROVISIONS › Section 295.1090 - Complaints

Current through Register Vol. 48, No. 28, July 12, 2024
The Department
will
conduct an
				  on-site review and evaluation of an assisted living or shared housing
				  establishment found to be in violation of the Act within a specified period of
				  time based on the gravity and severity of the violation and any pervasive
				  pattern of occurrences of the same or similar violations
. (Section
				  110(c) of the Act)
a) Complaints may be
				submitted either in writing, by telephone, or by other electronic means to the
				Department's Central Complaint Registry.
b) The Department will conduct an on-site
				investigation (see Section
				295.1070) of all complaints
				alleging abuse or neglect within seven days after the receipt of the complaint,
				except that complaints of abuse or neglect that indicate that a resident's life
				or safety is in imminent danger shall be investigated within 24 hours after
				receipt of the complaint. All other complaints will be investigated within 30
				days after the receipt of the complaint.
c) The Department may address those
				complaints that do not require an on-site review through record review and/or
				telephone interviews.
d) At the
				initiation of a complaint investigation, the Department may inform the
				establishment that a complaint has been filed and of the specific nature of the
				complaint so that the identity of the complainant or resident involved is not
				disclosed.
e) The Department will
				review and consider any information submitted by the establishment in response
				to an investigation.
f) The
				Department will determine whether the Act or this Part has been violated and
				will inform the complainant and the establishment of its findings in writing
				within 20 days after its determination. The notice of such findings shall
				include the reason for the determination and a statement of the right to appeal
				pursuant to the Department's Rules of Practice and Procedure in Administrative
				Hearings.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart A - GENERAL PROVISIONS › Section 295.1100 - Alzheimer's Disease and Related Dementias Special Care Disclosure

Current through Register Vol. 48, No. 28, July 12, 2024
An establishment that offers, advertises or markets to
				  provide care for persons with Alzheimer's disease and related dementias through
				  an Alzheimer's special care program shall disclose to the Department and to
				  apotential or actual resident of the establishment the following information in
				  writing:
a) The form of care or
				treatment that distinguishes the establishment as suitable for persons with
				Alzheimer's disease and related dementias;
b) The philosophy of the establishment
				concerning the care or treatment of persons with Alzheimer's disease and
				related dementias;
c) The
				establishment's pre-admission, admission, and discharge procedures;
d) The establishment's assessment, care
				planning, and implementation guidelines in the care and treatment of persons
				with Alzheimer's disease and related dementias, including whether residents are
				or are not monitored about eating, drinking, and personal hygiene; whether
				residents will be monitored for potentially dangerous behavior while in their
				rooms; and whether a resident representative will be contacted with concerns
				that might require a change in the service plan;
e) The establishment's minimum and maximum
				staffing ratios, specifying the general licensed health care provider to
				resident ratio and the trainee health care provider to resident
				ratio;
f) The establishment's
				physical environment, including whether doors are monitored;
g) Activities available to residents at the
				establishment;
h) The role of
				family members in the care of residents at the establishment; and
i) The costs of care and treatment under the
				program. (Section 15 of the Alzheimer's Disease and Related Dementias Special
				Care Disclosure Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart A - GENERAL PROVISIONS › Section 295.1110 - Floating Licenses

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				floating license is an assisted living or shared housing establishment license
				issued by the Department in accordance with Section
				295.600
				or
				295.700,
				which applies to any number of individual living units within the establishment
				up to, but not including, total capacity. (Section 32 of the Act) A floating
				license authorizes the establishment to transfer licensure from one individual
				living unit to another, in accordance with Section 32 of the Act and this
				Section.
b) A floating license may
				be requested, on forms provided by the Department, with either an initial
				licensure application or a renewal licensure application. The application must
				specify the number of individual living units within the establishment that are
				to be licensed (Section 32 of the Act) and shall include a list of the living
				units that will be designated as licensed living units under the floating
				license.
c) Sections 25 and 32 of
				the Act and Section
				295.400 of
				this Part prohibit any person from establishing, operating, maintaining, or
				offering an establishment as an assisted living establishment or shared housing
				establishment, as defined by the Act, unless and until he or she obtains a
				valid license, which remains unsuspended, unrevoked, and unexpired. (Section 25
				of the Act)
d) A location for which
				a floating license is requested shall, at all times, meet the following
				qualifications:
1) 80% of the residents are
				at least 55 years of age or older;
2) The location is operated as housing for
				the elderly, as demonstrated by one of the following:
A) The location is currently operating
				entirely as housing for the elderly, is not providing assisted living services,
				and is not in violation of Section 295.400; or
B) Some of the living units are currently
				licensed as assisted living or shared housing, and the remaining living units
				are operated as housing for the elderly;
3) The location meets the construction and
				operating standards contained in Section 20 of the Act and Subpart I of this
				Part;
4) The location must have
				staff adequate to meet the scheduled and unscheduled needs of the residents
				residing in licensed living units; and
5) All staff providing services to licensed
				living units must meet the requirements of the Act and this Part. (Section 32
				of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart B - POLICIES › Section 295.2010 - Termination of Residency

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Voluntary termination of residency
1) A
				resident or resident's representative may terminate residency immediately after
				notice to the establishment due to any of the following: neglect, abuse,
				financial exploitation or imminent danger of life, health, or safety that is
				caused by the establishment.
2)
				Upon a resident's death and removal of the resident's property from the unit,
				the lease agreement shall terminate.
3) A resident or resident's representative
				may terminate residency by providing 30 day's written notice to the
				licensee.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart B - POLICIES › Section 295.2020 - Notice of Closure

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				owner of an establishment shall give 90 days notice prior to voluntarily
				closing the establishment or prior to closing any part of the establishment if
				closing the part will require residency termination. The notice shall be given
				to:
1) The Department,
2) Any resident who must have his/her
				residency terminated,
3) The
				resident's representative, and
4) A
				member of the resident's family, where practicable.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart B - POLICIES › Section 295.2040 - Disaster Preparedness

Current through Register Vol. 48, No. 28, July 12, 2024
a) For
				the purpose of this Section, "disaster" means an occurrence, as a result of a
				natural force or mechanical failure such as water, wind or fire, or a lack of
				essential resources such as electrical power, that poses a threat to the safety
				and welfare of residents, personnel, and others present in the
				establishment.
b) Each
				establishment shall:
1) Have a written plan
				for protection of all persons in the event of disasters, for keeping persons in
				place, for evacuating persons to areas of refuge, and for evacuating persons
				from the building when necessary. The plan shall address the physical and
				cognitive needs of residents and include special staff response, including the
				procedures needed to ensure the safety of any resident. The plan shall be
				amended or revised whenever any resident with unusual needs is admitted. The
				plan shall also:
A) provide for the temporary
				relocation of residents for any disaster requiring relocation;
B) provide for the movement of residents to
				safe locations within the establishment in the event of a tornado warning or
				severe thunder storm warning issued by the National Weather Service;
C) provide for the temporary relocation of
				residents any time the temperature in residents' bedrooms falls below 55°F
				for 12 hours or more as a result of a mechanical problem or loss of power in
				the establishment;
D) provide for
				the health, safety, welfare and comfort of all residents when the heat
				index/apparent temperature (see Section 295.Table A), as established by the
				National Oceanic and Atmospheric Administration, inside the residents' living,
				dining, activities, or sleeping areas of the establishment exceeds a heat
				index/apparent temperature of 80°F;
E) address power outages; and
F) include contingencies in the event of
				flooding, if located on a flood plain.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart B - POLICIES › Section 295.2050 - Incident and Accident Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				An establishment shall report to the Department any serious incident or
				accident. For the purposes of this Section, "serious" means any incident or
				accident that causes physical or emotional harm or injury to a resident. A
				change in an individual's (resident's) condition that is due to health or
				medical decline is not a reportable incident or accident.
b) The report shall be made by contacting the
				Department of Public Health Division of Assisted Living via email at
				DPH.LTCAL@illinois.gov or as requested by the Department within 24 hours after
				the occurrence of the incident or accident.
c) A copy of the report shall be maintained
				by the establishment for one year after the date of the incident or
				accident.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart B - POLICIES › Section 295.2060 - Quality Improvement Program

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The establishment shall establish an effective quality improvement program that
				encompasses oversight and monitoring, resident satisfaction, and ongoing
				quality improvement and implementation of any plan that addresses improved
				quality services. The quality improvement process implemented by the
				establishment must benchmark performance, be customer centered, be data driven,
				and focus on resident satisfaction. (Section 30(a) of the Act) For the purpose
				of this Section, "benchmark" means creating points of reference from which
				measurements can be made.
b) A
				system shall be in place to facilitate the detection of issues and problems, to
				expedite the implementation of action, and to resolve problems.
1) Data analysis shall be used to identify
				and implement changes that will improve performance or reduce the risk of
				additional events.
2) The
				establishment shall maintain documentation that shows that data analysis has
				occurred and that actions, as appropriate, have been implemented to address
				identified issues and to resolve problems, as well as any follow-up actions
				taken by the establishment.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart B - POLICIES › Section 295.2070 - Negotiated Risk Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				negotiated risk agreement, if any, shall be signed by the resident or the
				resident's representative and the licensee and shall describe the following:
1) The problem, issue or service that is the
				subject of the agreement;
2) The
				choices available to the resident, as well as the major risks and consequences
				associated with each choice;
3) The
				resulting agreement;
4) The
				responsibilities of the establishment and the resident and any other involved
				individual; and
5) A time frame for
				review.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart C - PERSONNEL › Section 295.3000 - Personnel Requirements, Qualifications and Training

Current through Register Vol. 48, No. 28, July 12, 2024
a) The establishment shall have staff
				sufficient in number with qualifications, adequate skills, education and
				experience to meet the 24 hour scheduled and unscheduled needs of residents and
				who participate in ongoing training to serve the resident population. (Section
				35(a)(3) of the Act)
b) The
				establishment shall have on duty at all times at least one direct care staff
				person who has obtained cardiopulmonary resuscitation (CPR) training specific
				to adults, which includes a demonstration of the individual's ability to
				perform CPR, and who has current certification in CPR.
c) At the starting date of employment, each
				direct care staff member shall be 16 years of age or older.
d) Job descriptions shall define the minimum
				education and experience requirements for staff.
e) A file shall be maintained for each
				employee containing the following:
1) The
				employee's name, date of birth, home address, Social Security number and
				telephone number;
2) Documentation
				of:
A) Freedom from pulmonary
				tuberculosis;
B) Employee
				orientation; and
C) Ongoing
				training;
3) An
				employee's starting date of employment and ending date, if
				applicable.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart C - PERSONNEL › Section 295.3010 - Manager's Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each assisted living establishment shall have a full-time manager.
b) A shared housing establishment shall have
				a manager, who may oversee no more than three establishments if they are
				located within 30 minutes driving time during non-rush hour and if the manager
				may be immediately contacted by an electronic communication device.
c) The manager shall be at least 21 years of
				age and have a high school diploma or equivalency.
d) The manager shall receive training and
				orientation in care and service system delivery and have at least:
1) one year of management experience in
				health care, housing, or hospitality or providing similar services to the
				elderly; or
2) two years of
				experience in health care, housing, or hospitality or providing similar
				services to the elderly.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart C - PERSONNEL › Section 295.3020 - Employee Orientation and Ongoing Training

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each new employee shall complete
				orientation within 10 days after the starting date of employment that includes:
1) The establishment's philosophy and
				goals;
2) Promotion of resident
				dignity, independence, self-determination, privacy, choice, and resident
				rights;
3) Confidentiality of
				resident records and resident information;
4) Hygiene and infection control;
5) Abuse and neglect prevention and reporting
				requirements; and
6) Disaster
				procedures.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart C - PERSONNEL › Section 295.3030 - Initial Health Evaluation for Direct Care and Food Service Employees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each direct care
				and food service employee shall have an initial health evaluation, which shall
				be used to ensure that employees are not placed in positions that would pose
				undue risk of infection to themselves, other employees, residents, or
				visitors.
b) The initial health
				evaluation shall be conducted not more than 30 days prior to and no later than
				30 days after the employee's initial employment in the establishment.
c) The initial health evaluation shall
				include the employee's immunization status.
d) The initial health evaluation shall
				include a physical examination. The examination shall include a determination
				that the employee appears to be physically able to perform the job functions
				that the establishment intends to assign to the employee.
e) Each employee shall have a tuberculin skin
				test in accordance with the Control of Tuberculosis Code (77 Ill. Adm. Code
				696). The test must meet one of the following time frames:
1) The test must be completed no more than 90
				days prior to the date of initial employment in the establishment; or
2) The test must be commenced no more than
				ten days after the date of initial employment in the establishment.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart C - PERSONNEL › Section 295.3040 - Health Care Worker Background Check

Current through Register Vol. 48, No. 28, July 12, 2024
An establishment shall comply with the Health Care Worker
				  Background Check Act and the Health Care Worker Background Check
				  Code.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart C - PERSONNEL › Section 295.3050 - Employee Assistance Programs

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				For the purposes of this Section, an "employee assistance program" is a program
				that supports individual physical and mental well-being and that is provided by
				the establishment or through an insurance or employee benefits program offered
				by the establishment. Employee assistance programs may include, but are not
				limited to programs that offer professional counseling, stress management,
				mental wellness support, smoking cessation, and other support
				services.
b)
An
				establishment shall ensure that nurses employed by the establishment are aware
				of employee assistance programs or other like programs available for the
				physical and mental well-being of the employee.
c)
The establishment shall provide
				information on these programs, no less than at the time of employment, during
				any benefit open enrollment period, by an information form about the respective
				programs that a nurse
shall
sign during onboarding at the
				establishment,
and upon request of the employee.
d)
The signed information form shall
				be added to the nurse's personnel file. The establishment may provide this
				information to nurses electronically.
(Section 3-613 of the Act from
				PA 102-1007)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart D - RESIDENT CARE AND SERVICES › Section 295.4000 - Physician's Assessment

Current through Register Vol. 48, No. 28, July 12, 2024
a) No more
				than 120 days prior to admission of a resident to any establishment, a
				comprehensive assessment that includes an evaluation of the prospective
				resident's physical, cognitive, and psychosocial condition shall be completed
				by a physician. The physician's assessment shall include documentation of the
				presence or the absence of tuberculosis infection in accordance with the
				Control of Tuberculosis Code. At the time of admission, the physician's
				assessment must reflect the resident's current condition.
b) At least annually, once a resident has
				moved into the establishment, a comprehensive assessment shall be completed by
				a physician.
c) A physician's
				assessment shall be completed by a physician upon identification of a
				significant change in the resident's condition.
d) When a physician's assessment is conducted
				pursuant to this Part, all current negotiated risk agreements shall be
				renegotiated as necessary.
e) More
				frequent assessments of skin integrity and nutritional statusshall be required
				(Section 15 of the Act) as ordered by the resident's physician and as arranged
				for by the resident.
f) It is the
				responsibility of the resident or his/her representative to have physician's
				assessments and reassessments completed.
g) Establishments may develop their own tools
				for evaluating their residents; however, the establishment evaluation does not
				replace the requirement for a physician's assessment. Documentation of
				evaluations and re-evaluations may be in any form that is accurate, that
				addresses the resident's condition, and that incorporates the physician's
				assessment.
h) The establishment
				shall monitor and have a reporting procedure in place for notifying a relative
				or other individual in an emergency situation, significant change in resident's
				condition, or termination of residency.
i) The establishment shall have policies in
				place to respond to the gradual deterioration of a resident's ability to carry
				out the activities of daily living that may accompany the aging
				process.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart D - RESIDENT CARE AND SERVICES › Section 295.4010 - Service Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) Based on the
				physician's assessment and establishment evaluation (see Section
				295.4000
				), a written service plan shall be developed and mutually agreed upon by the
				establishment and the resident. (Section 15 of the Act) The establishment shall
				respect and accept the resident's choices regarding the service plan.
b) The service plan shall be developed by:
1) The resident, resident's representative or
				any individual requested by the resident;
2) The manager or manager's designee;
				and
3) A registered nurse, if the
				resident is receiving nursing services or medication administration, or is
				unable to direct self-care.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart D - RESIDENT CARE AND SERVICES › Section 295.4020 - Mandatory Services

Current through Register Vol. 48, No. 28, July 12, 2024
Each establishment shall provide or arrange for the following
				  mandatory services:
a) Three meals per
				day available to the residents, prepared by the establishment or an outside
				contractor;
b) Housekeeping
				services including, but not limited to, vacuuming, dusting, and cleaning the
				resident's unit;
c) Personal
				laundry and linen services available to the residents, provided or arranged for
				by the establishment;
d) Security
				provided 24 hours each day including, but not limited to, locked entrances or
				building or contract security personnel;
e) An emergency communication response
				system, which is a procedure in place 24 hours each day by which a resident can
				notify building management, an emergency response vendor, or others able to
				respond to his or her need for assistance; and
f) Assistance with activities of daily living
				as required by each resident. (Section 10 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart D - RESIDENT CARE AND SERVICES › Section 295.4030 - Special Safety and Service Needs of Individuals Who Are Quadriplegic or Paraplegic, or Who Have Neuro-Muscular Diseases

Current through Register Vol. 48, No. 28, July 12, 2024
If the establishment accepts individuals who are quadriplegic
				  or paraplegic, or who have neuro-muscular diseases, such as muscular dystrophy
				  and multiple schlerosis, the establishment shall provide for the special safety
				  and service needs of those individuals. (Section 75(g) of the Act) The resident
				  and the establishment shall enter into a written agreement describing how the
				  special needs of the resident shall be met. Assistance by more than one person
				  is allowed for safety reasons or if, once transferred, the resident can exit
				  the building with minimal or no assistance in a wheelchair or motorized
				  scooter.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart D - RESIDENT CARE AND SERVICES › Section 295.4040 - Communicable Disease Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The establishment shall meet the Control of Communicable Diseases Code (77 Ill.
				Adm. Code 690).
b) The
				establishment shall not knowingly admit a person with a communicable,
				contagious, or infectious disease, as defined in the Control of Communicable
				Diseases Code. A resident who is suspected of or diagnosed as having any such
				disease shall be placed in isolation, if required, in accordance with the
				Control of Communicable Diseases Code. If the establishment believes that it
				cannot provide the necessary infection control measures, it shall initiate
				residency termination pursuant to Section 80 of the Act.
c) All illnesses required to be reported
				under the Control of Communicable Diseases Code and Control of Sexually
				Transmissible Diseases Code (77 Ill. Adm. Code 693) shall be reported
				immediately to the local health department and to the Department. The
				establishment shall furnish all pertinent information relating to such
				occurrences. In addition, the establishment shall also inform the Department of
				all incidents of scabies and other skin infestations.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 295 - ASSISTED LIVING AND SHARED HOUSING ESTABLISHMENT CODE › Subpart D - RESIDENT CARE AND SERVICES › Section 295.4050 - Tuberculin Skin Test Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
Tuberculin skin tests for employees and residents shall be
				  conducted in accordance with the Control of Tuberculosis Code (77 Ill. Adm.
				  Code 696).