reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.220 - 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
that
identifies a
				resident.
(Section 2-206(b) of the Act)
c)
The following information is
				subject to disclosure to the public from the Department or the Department of
				Healthcare and Family Services:
1)
Information submitted under Sections 3-103 and 3-207
of the
				Act
, except information concerning the remuneration of personnel
				licensed, registered, or certified by the Department of Financial and
				Professional Regulation and monthly charges for an individual private
				resident;
2)
Records of license and certification inspections, surveys, and
				evaluations of facilities, other reports of inspections, surveys, and
				evaluations of resident care, whether a facility 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 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 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.230 - 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 numbers 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
subsection (b). (Section 3-209 of the
				Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.250 - 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, which 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 that is the subject of the application or
				license;
4) The name, address,
				telephone number, occupation or business activity, business address, business
				telephone number and 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 that is the subject of the
				application or license; and
5)
The name and address of any facility, wherever located, any financial
				interest in which 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 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.270 - 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 or receiver 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;
				or
6)
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 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.272 - 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 or
				his or her designee will review the findings contained in the report to
				determine
whether the report's findings constitute a violation or
				violations of which the facility must be given notice
. All
				information, evidence, and observations made during an inspection, survey or
				evaluation shall be considered findings or deficiencies. (Section 3-212(c) of
				the Act)
b) In making this
				determination, the Director or his or her designee will consider any
comments and documentation provided by the licensee within 10
				days
after
receipt of the copy of the report
in
				accordance with Section
				390.200(e).
				(Section 3-212(c) of the Act)
c) In
				determining whether the findings warrant the issuance of a notice of violation,
				the Director or his or her designee will base his or her determination on the
				following factors:
1)
The severity of
				the finding
. The Director or his or her designee 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 Act or this Part.
2)
The danger posed to resident health and safety
. The Director
				or his or her designee will consider whether the finding could pose any direct
				harm to the residents.
3)
The diligence and efforts to correct deficiencies and correction of
				reported deficiencies by the facility
. The Director or his or her
				designee will consider
comments and documentation provided by the
				facility
evidencing that steps have been taken to correct reported
				findings and to insure a reduction of deficiencies.
4)
The frequency and duration of
				similar findings in previous reports and the facility's general inspection
				history
. The Director or his or her designee will consider whether the
				same finding or a similar finding relating to the same condition or occurrence
				has been included in previous reports and the facility has allowed the
				condition or occurrence to continue or to recur. (Section 3-212(c) of the
				Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.274 - 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 will be determined to be either a Type AA, a Type
				A, a Type B, or a Type C violation based on the criteria outlined in this
				Section.
b) The following
				definitions of levels of violations shall be used in determining the level 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
from the violation
or
the
				violation
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 minimum 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
from the violation. (Section 1-132 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.276 - Notice of Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Each notice of violation shall be prepared in writing
and
				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 level of the violation
				as determined pursuant to Section
				390.274.
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
will
request a
				plan of correction that 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(b) 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.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.277 - Administrative Warning

Current through Register Vol. 48, No. 28, July 12, 2024
a)
If the Department finds a situation, condition, or practice that
				violates
the
Act or
this Part
that does not
				constitute a Type AA, Type A, Type B, or Type C violation, the Department shall
				issue an administrative warning
. (Section 3-303.2(a) of the
				Act)
b) Each administrative warning
				shall be in writing and shall include the following information:
1) A description of the nature of the
				violation.
2) A citation of the
				specific statutory provision or rule that the Department alleges has been
				violated.
3) A statement that the
facility shall be responsible for correcting the situation, condition,
				or practice.
(Section 3-303.2(a) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.278 - Plans of Correction

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The situation, condition or practice constituting a Type "AA" violation
				or a Type "A" violation shall be abated or eliminated immediately unless a
				fixed period of time, not exceeding 15 days, as determined by the Department
				and specified in the notice of violation, is required for correction
.
				(Section 3-303(a) of the Act)
b)
The facility shall have 10 days after receipt of notice of
				violation
for a Type "B" violation, or after receipt of a notice under
				Section
				390.277(e)
				of failure to correct a situation, condition, or practice that resulted in the
				issuance of an administrative warning,
to prepare and submit a plan of
				correction
to the Department. (Section 3-303(b) of the Act)
c) Within the 10-day period, a facility may
				request additional time for submission of the plan of correction. The
				Department will extend the period for submission of the plan of correction for
				an additional 30 days, when it finds that corrective action by a facility to
				abate or eliminate the violation will require
substantial capital
				improvement
. The Department will consider the extension and complexity
				of necessary physical plant repairs and improvements and any impact on the
				health, safety, or welfare of the residents of the facility in determining
				whether to grant a requested extension. (Section 3-303(b) of the Act)
d)
No person shall intentionally fail
				to correct, or interfere with the correction of, a Type "AA", Type "A", or Type
				"B" violation within the time specified on the notice or approved plan of
				correction under
the
Act as the maximum period given for
				correction, unless an extension is granted
pursuant to subsection (c)
and the corrections are made before expiration of extension. A
				violation of
this subsection (d)
is a business offense,
				punishable by a fine not to exceed $10,000, except as otherwise provided in
				subsection (2) of Section 3-103
of the Act and Section
				390.120(c)
as to submission of false or misleading information in a license
				application
. (Section 3-318(a)(1) and (b) of the Act)
e) Each plan or correction shall be based on
				an assessment by the facility of the conditions or occurrences that are the
				basis of the violation and an evaluation of the practices, policies, and
				procedures that have caused or contributed to the conditions or occurrences.
				The facility shall maintain evidence of the assessment and evaluation. Each
				plan of correction shall include:
1) A
				description of the specific corrective action the facility is taking, or plans
				to take, to abate, eliminate, or correct the violation cited in the
				notice;
2) A description of the
				steps that will be taken to avoid future occurrences of the same and similar
				violations; and
3) A specific date
				by which the corrective action will be completed.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.280 - Reports of Correction

Current through Register Vol. 48, No. 28, July 12, 2024
a) In lieu
				of submitting a plan of correction, a facility may submit a report of
				correction if the corrective action has been completed. The report of
				correction shall be submitted within the time periods required in Section
				390.278 for
				submission of a plan of correction.
b) Each report of correction shall be based
				on an assessment by the facility of the conditions or occurrences that are the
				basis of the violation and an evaluation of the practices, policies, and
				procedures that have caused or contributed to the conditions or occurrences.
				Evidence of the assessment and evaluation shall be maintained by the facility.
				Each report of correction shall include:
1) A
				description of the specific corrective action the facility has taken to abate,
				eliminate, or correct the violation cited in the notice.
2) A description of the steps taken to avoid
				future occurrences of the same and similar violations.
3) The specific date on which the corrective
				action was completed.
4) A signed
				statement by the administrator of the facility that the report of correction is
				true and accurate, which shall be considered an oath for the purposes of any
				legal proceedings.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.286 - Notice of Penalty Assessment: Response by Facility

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Director or his or her designee
				determines that a penalty is to be assessed, a written notice of penalty
				assessment shall be sent to the facility. Each notice of penalty assessment
				shall include:
1)
The amount of the
				penalty
assessed
as provided in Section
				390.282.
2) The amount of any reduction or whether the
				penalty has been waived pursuant to Section
				390.288.
3) A description of the violation, including
				a reference to the notices of violation and plans of correction that are the
				basis of the assessment.
4) A
				citation to the provision of
the statute or rule alleged to have been
				violated
.
5) A description
				of the right of the facility to appeal the assessment and of the
right
				to a hearing under Section 3-703 of
the
Act.
(Section
				3-307 of the Act)
6) For
violations
that are
continuing
at the time of
				the notice of assessment,
the amount of additional
penalties
per day
that will be assessed. (Section 3-307 of the
				Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.287 - Consideration of Factors for Assessing Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
At any hearing requested by a facility that challenges the
				  appropriateness of any penalty imposed by the Department, the facility may
				  present evidence as to any or all of the following factors. The Director will
				  then consider any evidence presented by the facility, or any evidence otherwise
				  available to the Department, regarding the following factors in determining
				  whether a penalty is to be imposed and in determining the amount of the penalty
				  to be imposed, if any, for a violation.
a)
The gravity of the violation,
				including the probability that death or serious physical or mental harm to a
				resident will result or has resulted, the severity of the actual or potential
				harm, and the extent to which the provisions of the
Act or this Part
were violated
. A penalty will be assessed when the Director
				finds that
death or serious physical or mental harm to a
				resident
has occurred or that the facility has knowingly subjected
				residents to potential serious harm.
b)
The reasonable diligence exercised
				by the licensee and efforts to correct violations
. The Director will
				assess a monetary penalty if he or she finds that the violation recurred or
				continued, is widespread throughout the facility, or evidences flagrant
				violation of the Act or this Part.
c)
Any previous violations committed
				by the licensee
. The Director will assess a penalty when he or she
				finds that the facility has been cited for similar violations and has failed to
				correct those violations as promptly as practicable or has failed to exercise
				diligence in taking necessary corrective action. The Director will also
				consider any evidence that the violations constitute a pattern of deliberate
				action by the facility. Any change in the ownership and management of the
				facility will be considered in relation to the seriousness of previous
				violations.
d)
The
				financial benefit to the facility of committing or continuing the
				violation
. These benefits include, but are not limited to, diversion
				of costs associated with physical plant repairs, staff salaries, consultant
				fees, or direct patient care services. (Section 3-306 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.288 - Reduction or Waiver of Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The Director may reduce or waive payment
for penalties
				assessed pursuant to Section
				390.287
				and Section 3-308 of the Act
and
will
consider the
				following factors in determinations to reduce or waive penalties
resulting from any violations subject to penalties pursuant to the Act or this
				Part:
1)
The violation has not caused
				actual harm to a resident;
2)
The facility has made a diligent
				effort to correct the violation and to prevent its
				recurrence;
3)
The
				facility has no record of a pervasive pattern of the same or similar
				violations; and
4)
The facility has a record of substantial compliance with
the
				Act
and
this Part. (Section 3-308(d) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.300 - Alcoholism Treatment Programs in Long-Term Care Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) A facility that
				desires to provide an alcoholism treatment program shall first receive written
				approval from the Department. The approval will be granted only if the facility
				can demonstrate that the program will not interfere in any way with the
				residents in the other distinct parts of the
				facility
.
b) Any
				alcoholism treatment program in a facility shall meet the program standards of
				77 Ill. Adm. Code 2060 ( Alcoholism and Substance Abuse Treatment and
				Intervention Licenses).
c) The
				alcoholism treatment program shall be in a separate distinct part of the
				facility and shall include all beds in that distinct part. It shall be
				separated from the rest of the facility and have separate entrances.
d) Beds designated for alcoholism treatment
				shall not be used for long-term care residents, nor shall beds designated for
				long-term care residents be used for residents undergoing treatment for
				alcoholism.
e) The alcoholism
				treatment program staff shall not perform services in the long-term care
				distinct part of the facility, nor shall long-term care program staff provide
				any services in the alcoholism treatment designated area.
f) Joint use of laundry, food service,
				housekeeping and administrative services is permitted, provided written
				approval is obtained from the Department. The approval will be granted only if
				the facility can demonstrate that joint usage will not interfere in any way
				with the residents in other distinct parts of the facility.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.310 - Department May Survey Facilities Formerly Licensed

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may survey any former
				  facility
that
once held a license to ensure that the facility
				  is not again operating without a license.
(Section 3-107 of the
				  Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart A - GENERAL PROVISIONS › Section 390.320 - Waivers

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Upon
				application by a facility, the Director may grant or renew the waiver of the
				facility's compliance with a rule or standard for a period not to exceed the
				duration of the current license or, in the case of an application for license
				renewal, the duration of the renewal period.
(Section 3-303.1 of the
				Act)
b)
The waiver may be
				conditioned upon the facility taking action prescribed by the Director as a
				measure equivalent to compliance.
(Section 3-303.1 of the
				Act)
c)
In determining
				whether to grant or renew a waiver, the Director shall consider:
1)
The duration and basis for any
				current waiver with respect to the same rule or standard and the validity and
				effect upon patient health and safety of extending it on the same
				basis;
2)
The
				effect upon the health and safety of residents;
3)
The quality of resident
				care
(whether the waiver would reduce the overall quality of the
				resident care below that required by the Act or this Part);
4)
The facility's history of
				compliance with
the Act
and this Part
(the existence
				of a consistent pattern of violation of the Act or this Part);
and
5)
The
				facility's attempts to comply with the particular rule or standard in
				question.
(Section 3-303.1 of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 390.610 - Management Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				facility's governing body shall exercise general direction of the facility and
				shall establish the broad policies for the facility related to its purpose,
				objectives, operation, and the welfare of the residents served.
b) There shall be established a table of
				organization showing the major operating programs of the facility, with staff
				divisions, the administrative personnel in charge of programs and divisions,
				and their lines of authority, responsibilities and communication.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 390.620 - Resident Care Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				facility shall have written policies and procedures governing all services
				provided by the facility which shall be formulated with the involvement of the
				administrator. These written policies shall be formulated with the involvement
				of the medical advisory committee and representatives of nursing and other
				services in the facility. The policies shall be available to the staff,
				residents and the public. These written policies shall be followed in operating
				the facility and shall be reviewed at least annually. (B)
b) These policies shall include:
1) A written statement of the philosophy,
				objectives and goals the facility is striving to achieve.
2) A written statement linking the facility's
				role to the "State Plan for the Developmentally Disabled" as filed with the
				Secretary of State by the Governor's Planning Council for Developmental
				Disabilities.
3) A written
				statement of the facility's goals for its residents.
4) A written statement of the facility's
				concept of its relationship to the parents of its residents or to the
				surrogates.
5) A written statement
				concerning admission, transfer, and discharge of residents including categories
				of residents accepted and not accepted, residents that will be transferred or
				discharged, and transfers within the facility from one room to
				another.
6) A written statement for
				resident care services including administrative services, physician services,
				emergency services, personal care and nursing services, dental services,
				(re)habilitative services, physical therapy, occupational therapy, psychology,
				social services, speech pathology and audiology, organized recreational
				activity services, work activity and prevocational, dietary services, resident
				medical records, pharmaceutical services, diagnostic services (including
				laboratory and x-ray) and educational services. (B)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 390.625 - Determination of Need Screening and Request for Criminal History Record Information

Current through Register Vol. 48, No. 28, July 12, 2024
a)
All persons age 18 or older seeking admission to a facility must be
				screened to determine the need for facility services prior to being admitted,
				regardless of income, assets, or funding source
. (Section 2-201.5(a)
				of the Act) A screening assessment is not required provided one of the
				conditions in 89 Ill. Adm. Code
				140.642(c)
				is met.
b)
Any person who
				seeks to become eligible for medical assistance from the Medical Assistance
				Program under the Illinois Public Aid Code to pay for services while residing
				in a facility
shall
be screened prior to receiving those
				benefits
in accordance with 89 Ill. Adm. Code 140.642. (Section
				2-201.5(a) of the Act)
c)
Screening for facility services shall be administered through
				procedures established
pursuant to 89 Ill. Adm. Code
				140.642
				(Section 2-201.5(a) of the Act)
1)
Any screening shall also include an evaluation of whether there are
				residential supports and services or an array of community services that would
				enable the person to live in the community.
2)
The person shall be told about the
				existence of any such services that would enable the person to live safely and
				humanely in the least restrictive environment, that is appropriate, that the
				individual or guardian chooses, and the person shall be given the assistance
				necessary to avail himself or herself of any available services.
(Section 2-201.5(a-1) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 390.626 - Criminal History Background Checks for Persons Who Were Residents on January 1, 2022

Current through Register Vol. 48, No. 28, July 12, 2024
a) The facility
				shall, within 30 days after the adoption of these amendments,
compare
				its residents against the Illinois Department of Corrections and Illinois State
				Police registered sex offender databases
. (Section 3-202.3(3) of the
				Act)
b) The facility shall
notify the Department
, via the Department's Identified
				Offenders Program web-based portal at:
https://idph.illinois.gov/IOPFacilitySubmission
,
within 48 hours
after
determining that a resident or
				residents of the licensed facility are listed on the Illinois Department of
				Corrections or Illinois State Police registered sex offender
				databases
. (Section 3-202.3(4) of the Act) For a resident or residents
				who are found to be on the Illinois Department of Corrections or Illinois State
				Police sex offender databases, the facility shall initiate a criminal history
				background check in compliance with Section 2-201.5(b) of the Act and Section
				390.625(d).
c) The facility also shall comply with
				Section 390.625, subsections (f) through (j).
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 390.635 - Identified Offenders

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				facility shall be responsible for taking all steps necessary to ensure the
				safety of residents while the results of a name-based background check or a
				fingerprint-based check are pending or while the results of a request for a
				waiver of a fingerprint-based check are pending, and while the Identified
				Offender Report and Recommendation is pending.
b)
If the results of a resident's
				criminal history background check reveal that the resident is an identified
				offender as defined in Section 1-114.01
of the Act
, the
				facility shall do the following
:
1)
Immediately notify the Department of State Police, in the form and
				manner required by the Department of State Police, in collaboration with the
				Department of Public Health, that the resident is an identified
				offender
.
2)
Within 72 hours, arrange for a fingerprint-based criminal history
				record inquiry to be requested on the identified offender resident. The inquiry
				shall be based on the subject's name, sex, race, date of birth, fingerprint
				images, and other identifiers required by the Department of State Police. The
				inquiry shall be processed through the files of the Department of State Police
				and the Federal Bureau of Investigation to locate any criminal history record
				information that may exist regarding the subject. The Federal Bureau of
				Investigation shall furnish to the Department of State Police, pursuant to an
				inquiry under this
subsection (b)(2),
any criminal history
				record information contained in its files
.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 390.636 - Discharge Planning for Identified Offenders

Current through Register Vol. 48, No. 28, July 12, 2024
a)
If, based on the
security
				measures listed in the
Identified Offender Report and Recommendation, a
				facility determines that it cannot manage the identified offender resident
				safely within the facility, then it shall commence involuntary transfer or
				discharge proceedings pursuant to Section 3-402
of the Act and Section
				390.3300.
				(Section 2-201.6(h) of the Act)
b)
				All discharges shall be pursuant to Section 390.3300.
c) When a resident who is an identified
				offender is discharged, the discharging facility shall notify the Department
				within 48 hours.
d) A facility that
				admits or retains an identified offender shall have in place policies and
				procedures for the discharge of an identified offender for reasons related to
				the individual's status as an identified offender, including, but not limited
				to:
1) The facility's inability to meet the
				needs of the resident, based on Section
				390.635
				and subsection (a);
2) The
				facility's inability to provide the security measures necessary to protect
				facility residents, staff and visitors; or
3) The physical safety of the resident, other
				residents, the facility staff, or facility visitors.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 390.637 - Transfer of an Identified Offender

Current through Register Vol. 48, No. 28, July 12, 2024
a)
If, based on the
security measures listed in the
Identified Offender Report and Recommendation, a facility determines
				that it cannot manage the identified offender resident safely within the
				facility, then it shall commence involuntary transfer or discharge proceedings
				pursuant to Section 3-402
of the Act and Section
				390.3300.
				(Section 2-201.6(h) of the Act)
b)
				All transfers shall be pursuant to Section 390.3300.
c) When a resident who is an identified
				offender is transferred to another facility regulated by the Department, the
				Department of Healthcare and Family Services, or the Department of Human
				Services, the transferring facility shall notify the Department and the
				receiving facility that the individual is an identified offender before making
				the transfer. This notification shall include all of the documentation required
				under Sections
				390.635
				and
				390.3300
				and a copy of the Identified Offender Report and Recommendation provided by the
				Illinois State Police. The transferring facility shall provide this information
				to the receiving facility to complete the transfer planning.
d) If the information contained in this
				subsection (d) has been provided to the transferring facility from the
				Department of Corrections, the transferring facility shall provide copies to
				the receiving facility before making the transfer:
1)
The mittimus and any pre-sentence
				investigation reports
;
2)
The social evaluation prepared pursuant to Section 3-8-2
of
				the Unified Code of Corrections;
3)
Any pre-release evaluation conducted pursuant to subsection (j) of
				Section 3-6-2
of the Unified Code of Corrections;
4)
Reports of disciplinary
				infractions and dispositions
;
5)
Any parole plan, including orders
				issued by the Prisoner Review Board, and any violation reports and
				dispositions
; and
6)
The name and contact information for the assigned parole agent and
				parole supervisor
. (Section 3-14-1(c-5) of the Unified Code of
				Corrections)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 390.640 - Contract Between Resident and Facility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Contract Execution
1) Before a person is admitted to a facility,
				or at the expiration of the period of previous contract, or when the source of
				payment for the resident's care changes from private to public funds or from
				public to private funds, a written contract shall be executed between a
				licensee and the following in order of priority:
A) The person, or if the person is a minor,
				his parent or guardian; or
B) The
				person's guardian, if any, or agent, if any, as defined in Section2-3 of the
				Illinois Power of Attorney Act;or
C) A member of the person's immediate family.
				(Section 2-202(a) of the Act)
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 390.650 - Residents' Advisory Council

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each facility shall establish a residents' advisory council consisting of at
				least five resident members. If there are not five residents capable of
				functioning on the residents' advisory council, as determined by the
				Interdisciplinary Team, residents' representatives shall take the place of the
				required number of residents. The administrator shall designate another member
				of the facility staff (other than the administrator) to coordinate the
				establishment of, and render assistance to, the council. (Section 2-203 of the
				Act)
b) Each facility shall develop
				and implement a plan for assuring a liaison with concerned individuals and
				groups in the local community. Ways in which this requirement can be met
				include, but are not limited to, the following:
1) the inclusion of community members such as
				volunteers, family members, residents' friends, residents' advocates, or
				community representatives on the council;
2) the establishment of a separate community
				advisory group with persons of the residents' choosing; or
3) finding a church or civic group to "adopt"
				the facility.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 390.660 - General Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Financial Policies
1) The facility shall have
				policies and procedures, established in writing, that protect the financial
				interests of residents and, when large sums of money accrue to a resident,
				provide for counseling the resident or his correspondent concerning its use,
				and for appropriate protection of such money. These policies and procedures
				shall permit normalized and normalizing possession and use of money by
				residents for work payment and property administration as, for example, in
				performing cash and check transactions, and in buying clothes and other
				items.
2) The administrator, or the
				administrator's designee, shall not pay a resident's bills or make purchases
				for the resident unless requested in writing to do so by the resident, the
				resident's correspondent or by the private or public agency financially
				responsible for the resident's care. (See also Section
				390.1640(c)
				 )
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 390.670 - Personnel Policies

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				facility shall develop and maintain written personnel policies, which are
				followed in the operation of the facility. These policies shall include, at a
				minimum, each of the requirements of this Section.
b) Employee Records
1) Employment application forms shall be
				completed for each employee and kept on file in the facility. Completed forms
				shall be available to Department personnel for review.
2) Individual personnel files for each
				employee shall contain date of birth; home address; educational background;
				experience, including types and places of employment; date of employment and
				position employed to fill in this facility; and (if no longer employed in this
				facility) last date employed and reasons for leaving.
3) Facilities shall maintain a confidential
				medical file for each employee that shall contain health records, including the
				employee's vaccination and testing records, initial health evaluation, and the
				results of the tuberculin skin test required under Section
				390.675,
				and any other pertinent health records.
4) Individual personnel records for each
				employee shall also contain records of evaluation of
				performance.
Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 390 - MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE › Subpart C - POLICIES › Section 390.675 - Initial Health Evaluation for Employees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each employee shall have an initial health
				evaluation which shall be used to insure that employees are not placed in
				positions which 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 the employee beginning employment in
				the facility. The evaluation shall be completed not more than 30 days after the
				employee begins employment in the facility.
c) The initial health evaluation shall
				include a health inventory. This inventory shall be obtained from the employee
				and shall include the employee's immunization status and any available history
				of conditions which would predispose the employee to acquiring or transmitting
				infectious diseases. This inventory shall include any history of exposure to,
				or treatment for, tuberculosis. The inventory shall also include any history of
				hepatitis, dermatologic conditions, or chronic draining infections or open
				wounds.
d) The initial health
				evaluation shall include a physical examination. The examination shall include
				at a minimum any procedures needed in order to:
1) Detect any unusual susceptibility to
				infection and any conditions which would increase the likelihood of the
				transmission of disease to residents, other employees, or visitors.
2) Determine that the employee appears to be
				physically able to perform the job functions which the facility intends to
				assign to the employee.