AUTHORITY: Implementing and authorized by the Alternative Health Care Delivery Act [210 ILCS 3].
SOURCE: Adopted at 22 Ill. Reg. 3899, effective February 20, 1998; amended at 24 Ill. Reg. 14016, effective August 31, 2000; amended at 26 Ill. Reg. 11974, effective July 31, 2002; emergency amendment at 27 Ill. Reg. 7937, effective April 30, 2003, for a maximum of 150 days; emergency expired September 26, 2003; amended at 27 Ill. Reg. 18070, effective November 12, 2003; amended at 30 Ill. Reg. 883, effective January 9, 2006; amended at 31 Ill. Reg. 3008, effective February 2, 2007; amended at 34 Ill. Reg. 2551, effective January 27, 2010; amended at 34 Ill. Reg. 10162, effective June 30, 2010; amended at 38 Ill. Reg. 9905, effective April 28, 2014; amended at 45 Ill. Reg. 13925, effective October 25, 2021.
Section 260.1000 Definitions
The following terms shall have the meanings ascribed to them here whenever the term is used in this Part.
Abuse any physical or mental injury or sexual assault inflicted on a client other than by accidental means in a facility. Abuse includes:
Physical abuse refers to the infliction of injury on a client that occurs other than by accidental means and that requires (whether or not actually given) medical attention.
Mental injury arises from the following types of conduct:
Verbal abuse refers to the use by a licensee, employee or agent of oral, written or gestured language that includes disparaging and derogatory terms to clients or within their hearing or seeing distance, regardless of their age, ability to comprehend or disability.
Mental abuse includes, but is not limited to, humiliation, harassment, threats of punishment or deprivation, or offensive physical contact by a licensee, employee or agent.
Sexual harassment or sexual coercion perpetrated by a licensee, employee or agent.
Sexual assault.
Act the Alternative Health Care Delivery Act.
Affiliate
With respect to a partnership, each partner;
With respect to a corporation, each officer, director and stockholder;
With respect to a natural person: any person related in the first degree of kinship to that person; each partnership and each partner of the partnership of which that person or any affiliate of that person is a partner; and each corporation in which that person or any affiliate of that person is an officer, director or stockholder.
Advanced Practice Registered Nurse or APRN a person who is licensed as an advanced practice registered nurse under the Nurse Practice Act.
Board the State Board of Health. (Section 10 of the Act)
Caregiver − Parent or other person who provides hands-on care for the child.
Charitable Care the intentional provision of free or discounted services to persons who cannot afford to pay.
Children or Child with Special Health Care Needs − those children who have or are at increased risk, or a child who has or is at increased risk, for chronic physical ailments and who require health and related services of a type or amount beyond that which children generally require.
Child's Representative a person authorized by law, including a child's legal guardian, to act on behalf of the child.
Children's Community-Based Health Care Center a designated site that provides nursing care, clinical support services, and therapies for a period of one to 14 days for short-term respite care stays and one to 120 days to facilitate transitions to home or other appropriate settings for medically fragile children, technology dependent children, and children with special health care needs who are deemed clinically stable by a physician and are younger than 22 years of age. This care is to be provided in a home-like environment that serves no more than 12 children at a time. (Section 35(3) of the Act)
Client a child who has met the admission criteria in Section 260.1800 and who has been admitted to a facility.
Demonstration Program or Program a program to license and study alternative health care models authorized under the Act. (Section 10 of the Act)
Department the Illinois Department of Public Health. (Section 10 of the Act)
Diagnostic Studies − any analytic tests, including, but not limited to, heart monitoring or sleep tests, used in identifying the nature or cause of an illness, disorder or problem that are typically done in the home and that are conducted in a Children's Community-Based Health Care Center for children with special health care needs.
Dietitian a person who is a licensed dietitian as provided in the Dietitian Nutritionist Practice Act.
Director the Director of the Illinois Department of Public Health or designee. (Section 10 of the Act)
Director of Nursing or DON − a registered professional nurse who holds at least a bachelor's degree in nursing and relevant continuing education, has experience in nursing administration, and employed full-time within the facility.
Facility same as Children's Community-Based Health Care Center.
Health Care Provider a physician licensed to practice medicine in all of its branches, an advanced practice registered nurse (APRN) licensed under the Nurse Practice Act, or a physician assistant licensed under the Physician Assistant Practice of 1987.
Hospital a facility licensed pursuant to the Hospital Licensing Act.
Inspection any survey, evaluation or investigation of the Children's Community-Based Health Care Center's compliance with the Act and this Part by the Department or designee.
Licensee the person or entity licensed to operate the Children's Community-Based Health Care Center.
Medical Day Care − care provided by a Children's Community-Based Health Care Center for children with special health care needs for no more than 12 in 24 hours, in accordance with Section 260.1800(c).
Medically Fragile Children − children who are medically stable but require skilled nursing care, specialized therapy, and specialized medical equipment and supplies to enhance or sustain their lives. "Medically fragile children" may include, but is not limited to, children who have neuro-muscular disease, heart disease, cancer, seizure disorder, spina bifida, chronic lung disease, or other medical conditions that threaten the child's ability to thrive and to survive without proper medical care.
Medical Plan of Care a written plan that can include, but is not limited to, up-to-date medications, a feeding plan, treatment, and medical equipment settings.
Neglect a failure in a facility to provide adequate medical or personal care or maintenance, resulting in physical or mental injury to a client or in the deterioration of a client's physical or mental condition. Neglect shall include any situation in which failure to provide adequate medical or personal care or maintenance:
causes injury or deterioration that is ongoing or repetitious; or
results in a client requiring medical treatment; or
causes a noticeable negative impact on a client's health, behavior or activities for more than 24 hours.
Physician a person licensed to practice medicine in all of its branches under the Medical Practice Act of 1987.
Registered Nurse a person who is licensed as a registered professional nurse under the Nurse Practice Act.
Respite Care care for children who are under age 22, are medically complex, have a medical condition that requires care to be delivered by a nurse or a trained parent/caregiver, and who are admitted for no more than 14 days.
Restraint any manual method, physical or mechanical device, material or equipment that immobilizes or reduces the ability of the child to move his or her arms, legs, body or head freely; or a drug or medication when it is used as a restriction to manage the child's behavior or restrict the child's freedom of movement and is not a standard treatment or dosage for the child's condition. A restraint does not include orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or methods that involve physically holding the child to conduct routine physical examinations or tests, or to protect the child from falling out of the bed, or to permit the child to participate in activities without the risk of physical harm.
Site Interdisciplinary Team a team that includes a site physician, a site APRN, a site case manager, a site social worker, a site child-life specialist, and a site clinical team.
Site Physician a physician designated by a facility.
Serious Injury any significant impairment of the physical condition of the child as determined by qualified medical personnel. This includes, but is not limited to, burns, lacerations, bone fractures, substantial hematoma and injuries to internal organs, whether self-inflicted or inflicted by another person.
Specialist a physician who is board certified in a specific area of medicine (e.g., a neurologist).
Serious safety event a variation from expected practice followed by significant temporary harm, moderate permanent harm, severe permanent harm, or death.
Substantial Compliance meeting requirements except for variance from the strict and literal performance, which results in unimportant omissions or defects given the particular circumstances involved. This definition is limited to the phrase as used in Section 260.1200.
Technology Dependent Children − medically fragile children who require the constant or regular intermittent use of technology to meet their medical needs. This technology may include, but is not limited to, devices that assist or support breathing, monitor bodily functions, or provide nutrition.
Weekend Camps − a planned program for medically fragile children, technology dependent children, or children with special health care needs that typically occurs from Friday afternoon through Sunday evening.
(Source: Amended at 45 Ill. Reg. 13925, effective October 25, 2021)
Section 260.1050 Incorporated and Referenced Materials
a) The following State of Illinois statutes are referenced in this Part:
1) Hospital Licensing Act [210 ILCS 85]
2) Medical Practice Act of 1987 [225 ILCS 60]
3) Nurse Practice Act [225 ILCS 65]
4) Dietitian Nutritionist Practice Act [225 ILCS 30]
5) Abused and Neglected Child Reporting Act [325 ILCS 5]
6) Health Care Worker Background Check Act [225 ILCS 46]
7) Physician Assistant Practice Act of 1987 [225 ILCS 95]
b) The following Administrative Rules are incorporated in this Part:
1) Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100)
2) Control of Communicable Diseases Code (77 Ill. Adm. Code 690)
3) Food Code (77 Ill. Adm. Code 750)
4) Drinking Water Systems Code (77 Ill. Adm. Code 900)
5) Public Area Sanitary Practice Code (77 Ill. Adm. Code 895)
6) Private Sewage Disposal Code (77 Ill. Adm. Code 905)
7) Control of Tuberculosis Code (77 Ill. Adm. Code 696)
8) Long-Term Care Assistants and Aides Training Programs Code (77 Ill. Adm. Code 395)
9) Health Care Worker Background Check Code (77 Ill. Adm. Code 955)
10) Health Care Employee Vaccination Code (77 Ill. Adm. Code 956)
c) The following private and professional association standards are incorporated in this Part:
1) For new facilities as defined in Section 260.2400, National Fire Protection Association (NFPA) 101: Life Safety Code, 2012 edition, Chapter 32, "New Residential Board and Care Occupancies", and appropriate references under Chapter 2, Reference Publications, which may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471.
2) For existing facilities as defined in Section 260.2400, NFPA 101: Life Safety Code 2012 edition, Chapter 33, Existing Residential Board and Care Occupancies, and appropriate references under Chapter 2 Referenced Publications.
d) All incorporations by reference of the standards of nationally recognized organizations refer to the standards on the date specified and do not include any amendments or editions subsequent to the date specified.
(Source: Amended at 45 Ill. Reg. 13925, effective October 25, 2021)