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 patient other than by accidental means in a center. Abuse includes:

Physical abuse refers to the infliction of injury on a patient 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 patients 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 [210 ILCS 3].

            Affiliate –

            With respect to a partnership, each partner thereof;

            With respect to a corporation, each officer, director and stockholder thereof;

            With respect to a natural person:  any person related in the first degree of kinship to that person; each partnership and each partner thereof 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.

            Board – the State Board of Health. (Section 10 of the Act)

            Charitable Care – the intentional provision of free or discounted services to persons who cannot afford to pay.

Children with Special Health Care Needs − those children who have or are 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.

            Children's Representative – a person authorized by law to act on behalf of the child.

            Children's Community-Based Health Care Center or Center – a designated site that provides nursing care, clinical support services, and therapies for a period of one to 14 days for short-term 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)

            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 Dietetic and Nutrition Services Practice Act [225 ILCS 30].

            Director – the Director of Public Health or designee. (Section 10 of the Act)

            Hospital – a facility licensed pursuant to the Hospital Licensing Act [210 ILCS 85].

            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 Model.

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) of this Part.

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.

            Neglect – a failure in a center to provide adequate medical or personal care or maintenance, resulting in physical or mental injury to a patient or  in the deterioration of a patient'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

failure to provide adequate medical or personal care or maintenance results in a patient requiring medical treatment; or

failure to provide adequate medical or personal care or maintenance causes a noticeable negative impact on a patient'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 [225 ILCS 60].

            Registered Nurse – a person who is licensed as a registered professional nurse under the Nurse Practice Act [225 ILCS 65].

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 devices such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or other methods that involve the physical holding of the child for the purpose of conducting 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.

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 hemotoma and injuries to internal organs, whether self-inflicted or inflicted by another person.

            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 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 consists typically of Friday afternoon through Sunday evening.

(Source:  Amended at 34 Ill. Reg. 2551, effective January 27, 2010)