Section 390.110  General Requirements

a)         This Part applies to the operator/licensee  of facilities, or distinct parts thereof,  that are to be licensed and classified to  provide nursing care to persons under 22 years of age.  Any license issued and in effect prior to  March 1, 1980, pursuant to the "Nursing  homes, sheltered care homes, and homes for  the aged Act" (Ill. Rev. Stat. 1977, ch. 111  1/2, par. 35.16 et seq.) shall remain valid  and subject to the terms and conditions of  the Nursing Home Care Act (the Act) (Ill. Rev. Stat. 1991, ch. 111 1/2, par. 4151-101 et seq.) [210 ILCS 45] and all regulations  promulgated thereunder until the expiration date shown on the face of such license.

b)         The license issued to each  operator/licensee shall designate the  licensee's name, facility name, 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. Such licenses shall be issued for a period of not less than six months nor more than 18 months.  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 must satisfactorily meet the applicable physical plant standards 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 requiring higher standards, the Department shall require compliance with whatever additional  physical plant standards are necessary in  any distinct part, to achieve this  protection.  Administrative, supervisory, and other personnel may be shared by the entire facility, if so doing does not adversely affect meeting the total needs of the residents of the facility.

d)         The operator may not admit residents in excess of the licensed capacity of the facility. (See Section 2-209 of the Act) (B)

e)         A long-term care facility for persons under 22 years of age licensed and  classified under the Act shall not use in its  title or description "Hospital", "Sanitarium", "Sanatorium", or any other  word or description in its title or advertisements which indicates that a type  of service is provided by the facility which  the facility is not licensed to provide or,  in fact, does not provide.  A long-term care facility for persons under 22 years of age may use in its  title or advertisement the words or description:  "Nursing Home", "Intermediate  Care", "Skilled Nursing Facility".

f)          Any person constructing or modifying a  long-term care facility or portion thereof  without obtaining the required permit from the Health Facilities Planning Board shall  not be eligible to apply for licensure for  that facility or portion thereof (Section 13.1 of the Illinois Health Facilities Planning Act (Ill. Rev. Stat. 1991, ch. 111 1/2, par. 1163.1) [20 ILCS 3960]).

g)         The licensee shall give 90 days  notice prior to voluntarily closing a  facility or closing any part of a facility,  or prior to closing any part of a facility  if closing such part will require the  transfer or discharge of more than ten  percent of the residents. Such notice  shall be given to the Department, to any  residents who must be transferred or  discharged, to the resident's  representative, and to a member of the  resident's family, where practicable.  Notice shall state the proposed date of  closing and the reason for closing.  The  licensee shall offer to assist the resident  in securing an alternative placement and  shall advise the resident on available  alternatives.  Where the resident is unable  to choose an alternate placement and is not  under guardianship, the Department shall be  notified of the need for relocation  assistance. The facility shall comply with  all applicable laws and regulations until the date of closing, including those related  to transfer or discharge of residents.  The  Department may place a relocation team in  the facility as provided under the Act.  (Section 3-423 of the Act)  (A, B)

h)         Licensure for more than one level of care.

1)         A facility may be licensed for more than one level of care.  The licensee must designate the level of care that will be provided in each bedroom. Bedrooms of like licensed level of care must be contiguous to each other within each "nursing unit" as defined in Section 390.330.  Each nursing unit may have up to two levels of care and must meet the construction standards for the highest licensed level of care in the nursing unit.

2)         If a licensee wishes to designate a portion of its licensed beds as Intermediate Care for the Developmentally Disabled, the licensed beds must be located in a distinct part (as defined in Section 390.330) of the facility.

(Source:  Amended at 18 Ill. Reg. 1453, effective January 14, 1994)