reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart I - PHYSICAL PLANT SERVICES, FURNISHINGS, EQUIPMENT, AND SUPPLIES › Section 340.2030 - Laundry Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every
				facility shall have an effective means of supplying an adequate amount of clean
				linen for operation, either through an in-house laundry or a contract with an
				outside service.
1) An adequate supply of
				clean linen shall be defined as the three sets of sheets, draw sheets, and
				pillow cases required to provide for the residents' needs. Additional changes
				of linen may be required in consideration of the time involved for laundering
				and transporting soiled linens.
2)
				If an in-house laundry service is provided, then the following conditions shall
				exist:
A) The laundry area shall be
				maintained and operated in a clean, safe and sanitary manner. No part of the
				laundry shall be used as a smoking or dining area.
B) Written operating procedures shall be
				developed, posted and implemented that provide for the handling, transport and
				storage of clean and soiled linens.
C) Laundry personnel must be in good health
				and practice good personal grooming. Employees must thoroughly wash their hands
				and exposed portions of their arms with soap and warm water before starting
				work, during work as often as necessary to keep them clean, and after smoking,
				eating, drinking, using the toilet, and handling soiled linens.
D) Clean linen shall be protected from
				contamination during handling, transport, and storage.
E) Soiled linen shall be handled,
				transported, and stored in a manner that protects facility residents and
				personnel.
F) If supplies and
				equipment not directly connected with the operation of the laundry are stored
				in the laundry or its accessory storage and handling areas, they shall be
				protected from contamination by the soiled linens and shall not contribute to
				contamination of the clean linens.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart I - PHYSICAL PLANT SERVICES, FURNISHINGS, EQUIPMENT, AND SUPPLIES › Section 340.2040 - Furnishings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each resident
				shall be provided, if he or she does not wish to provide his or her own,
				furniture and furnishings for his or her bedroom. These items shall be well
				constructed, of a satisfactory design, and appropriate to meet the needs of the
				resident. This shall include, but not be limited to:
1) a bed of a size appropriate to the
				resident;
2) a clean, firm,
				comfortable mattress and pillow;
3)
				accessible in-room storage for folded clothing, such as a dresser or chest of
				drawers;
4) accessible in-room
				storage for hanging clothes, such as a closet or wardrobe;
5) an area to hang the resident's towel and
				washcloth;
6) a reading light at an
				in-room location convenient to the resident, such as at bedside or near a
				chair;
7) a location to keep
				nursing and personal care items that are appropriate for in-room storage, such
				as a bedside cabinet;
8)
				comfortable in-room seating.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart I - PHYSICAL PLANT SERVICES, FURNISHINGS, EQUIPMENT, AND SUPPLIES › Section 340.2050 - Equipment and Supplies

Current through Register Vol. 48, No. 28, July 12, 2024
a) There
				shall be an adequate supply of nursing equipment to meet the needs of the
				residents.
b) There shall be a
				sufficient quantity of resident care equipment of satisfactory design and in
				good condition to meet each resident's needs.
c) A sufficient quantity of suction machines
				shall be provided to meet the needs of all residents who need
				suctioning.
d) According to the
				resident's needs, the facility shall assist the resident in obtaining special
				equipment for an individual resident's exclusive use.
e) There shall be a first-aid kit or
				emergency box in every facility. This shall contain bandages, sterile gauze
				dressing, bandage scissors, tape, sling, burn ointment, and other equipment
				deemed necessary by the advisory physician or the medical advisory
				committee.
f) Every facility shall
				follow an acceptable plan to provide for sterile equipment and supplies, such
				as needles, syringes, catheters, and dressings, such as:
1) Use of an autoclave located in a central
				sterilization area, clean utility area, or nurses' station.
2) Use of individually wrapped sterile
				dressing, disposable syringes, needles, catheters, and gloves, which shall be
				disposed of after a single use.
3)
				Formal plan with another facility for the autoclaving of equipment and
				supplies.
4) Other alternative
				methods when approved on an individual basis in writing from the Department
				based on a written request from the facility, giving in detail the method
				proposed to be used and which method meets equivalent criteria for proper
				sterilization for these items to be sterilized.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart I - PHYSICAL PLANT SERVICES, FURNISHINGS, EQUIPMENT, AND SUPPLIES › Table A - Heat Index Table/Apparent Temperature

Current through Register Vol. 48, No. 28, July 12, 2024
Air Temperature (degrees
				  Fahrenheit)
(Relative Humidity
							 Percent)
70
75
80
85
90
95
100
105
110
115
120
125
130
135
5
64
69
74
79
84
88
93
97
102
107
111
116
122
128
10
65
70
75
80
85
90
95
100
105
111
116
123
131
15
65
71
76
81
86
91
97
102
108
115
123
131
20
66
72
77
82
87
93
99
105
112
120
130
141
25
66
72
77
83
88
94
101
109
117
127
139
30
67
73
78
84
90
96
104
113
123
135
148
35
67
73
79
85
91
98
107
118
130
143
40
68
74
79
86
93
101
110
123
137
151
45
68
74
80
87
95
104
115
129
143
50
69
75
81
88
96
107
120
135
150
55
69
75
81
89
98
110
126
142
60
70
76
82
90
100
114
132
149
65
70
76
83
91
102
119
138
70
70
77
85
93
106
124
144
75
70
77
86
95
109
130
80
71
78
86
97
113
136
85
71
78
87
99
117
90
71
79
88
102
122
95
71
79
89
105
(Table is from the National Oceanic and Atmospheric
				  Administration)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 340 - ILLINOIS VETERANS' HOMES CODE › Subpart I - PHYSICAL PLANT SERVICES, FURNISHINGS, EQUIPMENT, AND SUPPLIES › Table B - Guidelines for the Use of Various Drugs

Current through Register Vol. 48, No. 28, July 12, 2024
A.
				Long-Acting Benzodiazepine Drugs
Long-acting benzodiazepine drugs should not be used in
				  residents unless an attempt with a shorter-acting drug (i.e., those listed
				  under subsection B. Benzodiazepine or Other Anxiolytic/Sedative Drugs, and
				  under subsection C. Drugs Used for Sleep Induction) has failed.
After an attempt with a shorter-acting
				  benzodiazepine drug has failed, a long-acting benzodiazepine drug should be
				  used only if:
1. Evidence exists that
				other possible reasons for the resident's distress have been considered and
				ruled out;
2. Its use results in
				maintenance or improvement in the resident's functional status;
3. Daily use is less than four continuous
				months unless an attempt at a gradual dose reduction is unsuccessful;
				and
4. Its use is less than, or
				equal to, the following listed total daily doses unless higher doses (as
				evidenced by the resident's response and/or the resident's clinical record) are
				necessary for the maintenance of, or improvement in, the resident's functional
				status.
EXAMPLES OF LONG-ACTING
							 BENZODIAZEPINES (not maximum doses)
Generic
Brand
Daily Oral Dosage
Flurazepam
(Dalmane)
15mg
Clordiazepoxide
(Librium)
20mg
Clorazepate
(Tranxene)
15mg
Diazepam
(Valium)
5mg
Clonazepam
(Klonopin)
1.5 mg
Quazepam
(Doral)
7.5 mg
Halazepam
(Paxipam)
40mg
NOTES:
When diazepam is used for neuromuscular syndromes (e.g.,
				  cerebral palsy, tardive dyskinesia or seizure disorders), this Guideline does
				  not apply.
When long-acting benzodiazepine drugs are being used to
				  withdraw residents from short-acting benzodiazepine drugs, this Guideline does
				  not apply.
When clonazepam is used in bi-polar disorders, management of
				  tardive dyskinesia, nocturnal myoclonus or seizure disorders, this Guideline
				  does not apply.
The daily doses listed under Long-Acting Benzodiazepines are
				  doses (usually administered in divided doses) for "geriatric" or "elderly"
				  residents. The facility is encouraged to initiate therapy with lower doses and
				  when necessary only gradually increase doses. The facility may exceed these
				  doses if it provides evidence to show why it was necessary for the maintenance
				  or improvement in the resident's functional status.
For drugs in this category, a gradual dose reduction should
				  be attempted at least twice within one year before one can conclude that the
				  gradual dose reduction is "clinically contraindicated."
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.110 - General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				This Part applies to the operator/licensee of facilities, or distinct parts of
				facilities, that are to be licensed and classified to provide intermediate care
				for persons with developmental disabilities, pursuant to the terms and
				conditions of the ID/DD Community Care Act (Act).
b) The license issued to each
				operator/licensee shall designate the licensee's name, the facility name and
				address, the classification by level of service authorized for that facility,
				the number of beds authorized for each level, the date the license was issued
				and the expiration date. Licenses will be issued for a period of
not
				less than 6 months nor more than 18 months for facilities with annual licenses
				and not less than 18 months nor more than 30 months for facilities with 2-year
				licenses
. The Department will set the period of the license based on
				the license expiration dates of the facilities in the geographical area
				surrounding the facility
in order to distribute the expiration
				dates
as evenly as possible
throughout the calendar
				year.
(Section 3-110 of the Act)
c) An applicant may request that the license
				issued by the Department of Public Health (the Department) have distinct parts
				classified according to levels of services. The distinct part shall
				satisfactorily meet the physical plant standards of this Part based on a level
				of service classification sought for that distinct part. If necessary to
				protect the health, welfare and safety of residents in a distinct part who
				require higher standards, the facility shall comply with whatever additional
				physical plant standards are necessary in any distinct part, to achieve this
				protection, as required by the highest level of care being licensed.
				Administrative, supervisory, and other personnel may be shared by the entire
				facility, if the total needs of the residents of the facility are
				met.
d)
A facility shall
				admit only that number of residents for which it is licensed.
(Section
				2-209 of the Act)
e)
No
				person shall:
1)
Willfully
				file any false, incomplete or intentionally misleading information required to
				be filed under this Act, or willfully fail or refuse to file any required
				information
(Section 3-318(a)(6) of the Act); or
2)
Open or operate a facility without
				a license
. (Section 3-318(a)(7) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.120 - Application for License

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Application
for a license to establish or
operate
an ID/DD
facility shall be made
in
				writing and submitted
to the Department on forms furnished by the
				Department
. (Section 3-103(1) of the Act) The facility shall provide a
				written description of the proposed program and other information that the
				Department may require to determine the appropriate level of licensure. The
				application form and other required information shall be submitted and approved
				prior to surveys of the physical plant or review of building plans and
				specifications.
b) An application
				for a new facility shall be accompanied by a permit as required by the Illinois
				Health Facilities Planning Act.
c)
The application shall be under oath and the submission of false or
				misleading information shall be a Class A misdemeanor. The application shall
				contain the following information:
1)
The name and address of the applicant if an individual, and if a firm,
				partnership, or association, of every member thereof, and in the case of a
				corporation, the name and address thereof and of its officers and its
				registered agent, and in the case of a unit of local government, the name and
				address of its chief executive officer;
2)
The name and location of the
				facility for which a license is sought;
3)
The name of the person or persons
				under whose management or supervision the facility will be
				conducted;
4)
The
				number and type of residents for which maintenance, personal care, or nursing
				is to be provided; and
5)
				Information
relating to the number, experience, and training of the
				employees of the facility, any management agreements for the operation of the
				facility, and of the moral character of the applicant and employees as the
				Department may deem necessary.
(Section 3-103(2) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.130 - Licensee

Current through Register Vol. 48, No. 28, July 12, 2024
a) The licensee is
				the corporate body, political subdivision, individual, or individuals
				responsible for the operation of the facility and upon whom rests the
				responsibility for meeting the licensing requirements. The licensee does not
				have to own the building being used.
b) If the licensee does not own the building,
				a lease or management agreement between the licensee and the owner of the
				building is required. A copy of the lease or management agreement shall be
				furnished to the Department. The Department shall also be provided with a copy
				of all new lease agreements or any changes to existing agreements within 30
				days of the effective date of such changes.
c) If the licensee is not a corporation or a
				political subdivision of the State of Illinois, each person responsible for the
				operation of the facility and upon whom rests the responsibility for meeting
				the licensing Minimum Standards shall be at least l8 years of age.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.140 - Issuance of an Initial License for a New Facility

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Upon receipt and review of an
				application for a license and inspection of the applicant facility, the
				Director shall issue a
probationary
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 a facility by virtue of financial capacity,
				appropriate business or professional experience, a record of compliance with
				lawful orders of the Department and lack of revocation of a license during the
				previous 5 years and is not the owner of a facility designated pursuant to
				Section 3-304.2
of the Act and Section 350.185
as a distressed
				facility;
2)
That
				the facility is under the supervision of an administrator who is licensed, if
				required, under the Nursing Home Administrators Licensing and Disciplinary
				Act
;
and
3)
That facility is in substantial
				compliance with
the
Act
and this
				Part
.
(Section 3-109 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.150 - Issuance of an Initial License Due to a Change of Ownership

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Upon receipt and review of an
				application for a license, the Director
will
issue a
probationary
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 to
				participate in the operation of a facility by virtue of financial capacity,
				appropriate business or professional experience, a record of compliance with
				lawful orders of the Department and lack of revocation of a license during the
				previous 5 years and is not the owner of a facility designated pursuant to
				Section 3-304.2
of the Act and Section
				350.185
as a distressed
				facility;
2)
That
				the facility is under the supervision of an administrator who is licensed, if
				required, under the Nursing Home Administrators Licensing and Disciplinary Act;
				and
3)
That the
				facility is in substantial compliance with
the
Act
and this Part
.
(Section 3-109 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.160 - 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. If the
				application is approved,
and the facility is in compliance with all
				other licensure requirements,
the license shall be renewed in
				accordance with Section 3-110
of the Act.
b)
The renewal application for a
				facility
will
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.
(Section 3-115 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.165 - Criteria for Adverse Licensure Actions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Adverse licensure actions are
				determinations to deny the issuance of an initial license, to deny the issuance
				of a renewal of a license, or to revoke the current license of a
				facility.
b) A determination by the
				Director to take adverse licensure action against a facility will be based on a
				finding that one or more of the following criteria are met:
1)
There has been a substantial
				failure to comply with
the
Act or
this Part.
A substantial failure by a facility shall include, but not be limited
				to, any of the following
:
A)
Termination of Medicare or Medicaid certification by the Centers for
				Medicare and Medicaid Services; or
B)
A failure by the facility to pay
				any fine assessed under
the Act
after the Department has sent
				to the facility and licensee at least 2 notices of assessment that include a
				schedule of payments as determined by the Department, taking into account
				extenuating circumstances and financial hardships of the facility
.
				(Section 3-119(a)(1) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.175 - Denial of Renewal of License

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application for renewal of a license of a facility shall be denied and the
				license of the facility shall be allowed to expire when the Director finds that
				a condition, occurrence, or situation in the facility meets any of the criteria
				specified in Section
				350.165(b)
				and in Section 3-119(a) of the Act. Pursuant to Section 10-65 of the Illinois
				Administrative Procedure Act, licensees who are individuals are subject to
				denial of renewal of licensure if the individual is more than 30 days
				delinquent in complying with a child support order.
b) When the Director determines that an
				application for renewal of a license of a facility is to be denied, the
				Department shall notify the facility. The notice to the facility shall be in
				writing and shall include:
1)
A clear
				and concise statement of the violations on which the nonrenewal is
				based
. The statement shall include a citation to the provisions of the
				Act and this Part on which the application for renewal is being
				denied.
2) A statement of the date
				on which the current license of the facility will expire as provided in
				subsection (c) and Section 3-119(d) of the Act.
3)
Notice of the opportunity for a
				hearing under Section 3-703
of the Act
.
(Section
				3-119(b) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.180 - Revocation of License

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				license of a facility shall be revoked when the Director finds that a
				condition, occurrence or situation in the facility meets any of the criteria
				specified in Section
				350.165(b)
				and in Section 3-119(a) of the Act. In addition, the license of a facility will
				be revoked when the facility fails to abate or eliminate a Type A violation as
				provided in Section
				350.282(b)
				or when
the facility has committed 2 type "AA" violations within a
				2-year period
. (Section 3-119(a)(6) of the Act) Pursuant to Section
				10-65 of the Illinois Administrative Procedure Act, licensees who are
				individuals are subject to revocation of licensure if the individual is more
				than 30 days delinquent in complying with a child support order.
b) When the Director determines that the
				license of a facility is to be revoked, the Department shall notify the
				facility. The notice to the facility shall be in writing and shall include:
1)
A clear and concise statement of
				the violations on which the revocation is based,
and
the
				statute or rule violated
.
2) A statement of the date on which the
				revocation will take effect as provided in subsection (c) and Section 3-119(d)
				of the Act.
3)
Notice of
				the opportunity for a hearing under Section 3-703
of the
				Act
.
(Section 3-119(b) of the Act).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.185 - Designation of Distressed Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department will publish a quarterly
				list of distressed facilities.
No facility shall be identified as a
				distressed facility unless it has committed violations or deficiencies that
				have actually harmed residents
. (Section 3-304.2(a) of the Act)
				Facilities that have committed violations or deficiencies that resulted in harm
				to a resident will be added to the quarterly list of distressed facilities
				using the following methodology:
1) Facility
				histories will be reviewed for the preceding 24 months. Violations will be
				assigned a point value as follows:
A) Type B
				violation: 10 points;
B) Repeat
				Type B violation: 20 points;
C)
				Type A violation: 35 points;
D)
				Repeat Type A violation: 50 points;
E) Type AA violation: 50 points:
				and
F) Repeat Type AA violation: 75
				points.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.190 - Experimental Program Conflicting with Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any facility desiring to conduct an
				experimental program or do research that is in conflict with this Part shall
				submit a written request to the Department and secure prior approval. The
				Department will not approve experimental programs that would violate residents'
				rights under the Act or this Part. Experimental programs in facilities shall
				comply with the following:
1)
No
				facility shall permit experimental research or treatment to be conducted on a
				resident or give access to any person or person's records for a retrospective
				study about the safety or efficacy of any care or treatment without the prior
				written approval of the institutional review board
;
2)
No administrator, or person
				licensed by the State to provide medical care or treatment to any person may
				assist or participate in any experimental research on or treatment of a
				resident, including a retrospective study, that does not have the prior written
				approval of the board. Such conduct shall be grounds for professional
				discipline by the Department of Financial and Professional Regulation
;
				and
3)
The institutional
				review board may exempt from ongoing review research or treatment initiated on
				a resident before the individual's admission to a facility and for which the
				board determines there is adequate ongoing oversight by another institutional
				review board.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.200 - Inspections, Surveys, Evaluations and Consultation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The terms survey, inspection, and
				evaluation are synonymous. These terms refer to the overall examination of
				compliance with the Act and this Part. 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 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
				access and entry to the premises or facility for obtaining information required
				to carry out the Act and this Part. In addition, the Department
shall
				have access to and may reproduce or photocopy at its 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 Access to Public Records of the Department of Public
				Health.
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 this Act or
				the rules promulgated under
the
Act
or this Part
				(Section 3-318(a)(4) of the Act); or
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 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.210 - Filing an Annual Attested Financial Statement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Each licensee shall file annually,
				or more often as the Director shall prescribe, an attested financial statement.
				The Director may order an audited financial statement of a particular facility
				by an auditor of the Director's choice
. The Department will pay the
				cost of extra audits ordered by the Director
.
The time period
				covered in the financial statement shall be a period determined by the
				Department for the initial filing, and after the initial filing shall coincide
				with the facility's fiscal year or the calendar year. (Section 3-208(a) of the
				Act)
b) The financial statement
				shall be filed with the Department within 90 days following the end of the
				designated reporting period. The financial statement will not be considered as
				having been filed unless all sections of the prescribed forms have been
				properly completed. Those sections which do not apply to a particular facility
				shall be noted "not applicable" on the forms.
c) The information required to be submitted
				in the financial statement will include, but is not limited to, the following:
1) Facility information, including: facility
				name and address, licensure information, type of ownership, licensed bed
				capacity, date and cost of building construction and additions, date and cost
				of acquisition of buildings, building sizes, equipment costs and dates of
				acquisition.
2) Resident
				information, including: number and level of care of residents by source of
				payment, income from residents by level of care.
3) Cost information by level of care,
				including:
A) General service costs; such as
				dietary, food, housekeeping, laundry, utilities, and plant operation and
				maintenance.
B) Health care costs;
				such as medical director, nursing, medications, oxygen, activities, medical
				records, other medical services, social services, and utilization
				reviews.
C) General administration;
				such as administrative salaries, professional services, fees, subscriptions,
				promotional costs, insurance, travel, clerical costs, employee benefits,
				license fees, and inservice training and education.
D) Ownership; such as depreciation, interest,
				taxes, rent, and leasing.
E)
				Special Service cost centers; such as habilitative and rehabilitative services,
				therapies, transportation, education, barber and beauty care, and gift and
				coffee shops.
4) Income
				information, including operating and nonoperating income.
5) Ownership information, including balance
				sheet and payment to owners.
6)
				Personnel information, including the number and type of people employed and
				salaries paid.
7) Related
				organization information, including related organizations from which services
				are purchased.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.220 - 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. This Section 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
				Section 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 is 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;
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 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.230 - 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 its offices
				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; and
4)
A
				list of the material available for public inspection under Section
				3-210
of the Act
.
(Section 3-209 of the
				Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.240 - Municipal Licensing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Municipalities that 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.
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.
c) The municipality
				shall notify the Department within 10 days following 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 shall 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 shall indicate the reason for
				denial and the current status of the licensee's (applicant's) application for a
				municipal license.
d) The
				municipality shall use the same licensing classifications as the Department,
				and a municipality shall not issue a license to a facility for a different
				classification from the license issued by the Department.
e)
The Department and the city,
				village or incorporated town 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 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 ensure
				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.
(Section 3-107 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.250 - 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
(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 which is the subject of the application or
				license;
4) The name, address,
				telephone number, occupation or business activity, business address, business
				telephone number and the percent of direct or indirect financial interest of
				those persons who have a direct or indirect financial interest of five percent
				or more in the legal entity that owns the building in which the
				operator/licensee is operating the facility which 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 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.270 - 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 or may petition the circuit court for appointment of a receiver for
				a facility, or both, 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
;
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
;
5) The Department
				receives notification that
the facility is terminated or will not be
				renewed for participation in the federal reimbursement program under either
				Title XVIII
(Medicare)
or Title XIX
(Medicaid)
of the Social Security Act;
6)
The facility has been designated a
				distressed facility by the Department and does not have a consultant employed
				pursuant to Section 3-304.2 of
the
Act
and Section
				350.185
and an acceptable plan of improvement, or the Department has
				reason to believe the facility is not complying with the plan of improvement.
				Nothing in this
subsection
shall preclude the Department from
				placing a monitor in a facility if otherwise justified by law;
				or
7)
At the
				discretion of the Department when a review of facility compliance history,
				incident reports, or reports of financial problems raises a concern that a
				threat to resident health, safety, or welfare exists.
(Section 3-501
				of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.272 - 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
				shall review the findings contained in the report to determine
whether
				the report's findings constitute a violation or violations of which the
				facility must be given notice.
All information, evidence, and
				observations made during an inspection, survey or evaluation shall be
				considered findings or deficiencies. (Section 3-212(c) of the Act)
b) In making this determination, the Director
				shall consider any
comments and documentation provided by the
				facility
within 10 days after receipt of the report in accordance with
				Section
				350.200(c).
				(Section 3-212(c) of the Act)
c) In
				determining whether the findings warrant the issuance of a notice of violation,
				the Director shall consider the following factors:
1)
The severity of the
				finding.
The Director will consider whether the finding constitutes a
				merely technical non-substantial error or whether the finding is serious enough
				to constitute an actual violation of the intent and purpose of the
				standard.
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
.
Consideration will be
				given to any evidence provided by the facility in its comments and
				documentation that steps have been taken to reduce noted findings and to 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 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.274 - Determination of the Type 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 level of
				the violation. Each violation shall be determined to be either a Type "AA", a
				Type " A", a Type "B", or a 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 to a resident 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 or is specifically designated as
				a Type "B" violation in
the
Act
.
(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 350 - INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 350.276 - 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
contain 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
				the violation as determined pursuant to Section
				350.274.
4) One of the following requirements for
				corrective action:
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.
In setting this
				period, the Department will consider whether harm to residents of the facility
				is imminent, whether necessary precautions can be taken to protect residents
				before the corrective action is completed, and whether delay would pose
				additional risks to the residents.
B)
At the time of issuance of a
				notice of a Type "B" violation, the Department shall request a plan of
				correction which is subject to the Department's approval. The facility shall
				have 10 days after receipt of notice of violation in which to prepare and
				submit a plan of correction
. (Section 3-303 of the Act)
5) A statement that the Department
				may take additional action under the Act, including assessment of penalties or
				licensure action.
6) A description
				of the licensee's right to appeal the notice and its right to a
				hearing.