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1 | | (c) A person shall not be accepted for residency if: |
2 | | (1) the person poses a serious threat to himself or |
3 | | herself or to others; |
4 | | (2) the person is not able to communicate his or her |
5 | | needs and no resident representative residing in the |
6 | | establishment, and with a prior relationship to the |
7 | | person, has been appointed to direct the provision of |
8 | | services; |
9 | | (3) the person requires total assistance with 2 or |
10 | | more activities of daily living; |
11 | | (4) the person requires the assistance of more than |
12 | | one paid caregiver at any given time with an activity of |
13 | | daily living; |
14 | | (5) the person requires more than minimal assistance |
15 | | in moving to a safe area in an emergency; |
16 | | (6) the person has a severe mental illness, which for |
17 | | the purposes of this Section means a condition that is |
18 | | characterized by the presence of a major mental disorder |
19 | | as classified in the Diagnostic and Statistical Manual of |
20 | | Mental Disorders, Fourth Edition (DSM-IV) (American |
21 | | Psychiatric Association, 1994), where the individual is a |
22 | | person with a substantial disability due to mental illness |
23 | | in the areas of self-maintenance, social functioning, |
24 | | activities of community living and work skills, and the |
25 | | disability specified is expected to be present for a |
26 | | period of not less than one year, but does not mean |
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1 | | Alzheimer's disease and other forms of dementia based on |
2 | | organic or physical disorders; |
3 | | (7) the person requires intravenous therapy or |
4 | | intravenous feedings unless self-administered or |
5 | | administered by a qualified, licensed health care |
6 | | professional; |
7 | | (8) the person requires gastrostomy feedings unless |
8 | | self-administered or administered by a licensed health |
9 | | care professional; |
10 | | (9) (blank); the person requires insertion, sterile |
11 | | irrigation, and replacement of catheter, except for |
12 | | routine maintenance of urinary catheters, unless the |
13 | | catheter care is self-administered or administered by a |
14 | | licensed health care professional; |
15 | | (10) the person requires sterile wound care unless |
16 | | care is self-administered or administered by a licensed |
17 | | health care professional; |
18 | | (11) (blank); |
19 | | (12) the person is a diabetic requiring routine |
20 | | insulin injections unless the injections are |
21 | | self-administered or administered by a licensed health |
22 | | care professional; |
23 | | (13) the person requires treatment of stage 3 or stage |
24 | | 4 decubitus ulcers or exfoliative dermatitis; |
25 | | (14) the person requires 5 or more skilled nursing |
26 | | visits per week for conditions other than those listed in |
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1 | | items (13) and (15) of this subsection for a period of 3 |
2 | | consecutive weeks or more except when the course of |
3 | | treatment is expected to extend beyond a 3 week period for |
4 | | rehabilitative purposes and is certified as temporary by a |
5 | | physician; or |
6 | | (15) other reasons prescribed by the Department by |
7 | | rule. |
8 | | (d) A resident with a condition listed in items (1) |
9 | | through (15) of subsection (c) shall have his or her residency |
10 | | terminated. |
11 | | (e) Residency shall be terminated when services available |
12 | | to the resident in the establishment are no longer adequate to |
13 | | meet the needs of the resident. This provision shall not be |
14 | | interpreted as limiting the authority of the Department to |
15 | | require the residency termination of individuals. |
16 | | (f) Subsection (d) of this Section shall not apply to |
17 | | terminally ill residents who receive or would qualify for |
18 | | hospice care and such care is coordinated by a hospice program |
19 | | licensed under the Hospice Program Licensing Act or other |
20 | | licensed health care professional employed by a licensed home |
21 | | health agency and the establishment and all parties agree to |
22 | | the continued residency. |
23 | | (g) Items (3), (4), (5), and (9) of subsection (c) shall |
24 | | not apply to a quadriplegic, paraplegic, or individual with |
25 | | neuro-muscular diseases, such as muscular dystrophy and |
26 | | multiple sclerosis, or other chronic diseases and conditions |
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1 | | as defined by rule if the individual is able to communicate his |
2 | | or her needs and does not require assistance with complex |
3 | | medical problems, and the establishment is able to accommodate |
4 | | the individual's needs. The Department shall prescribe rules |
5 | | pursuant to this Section that address special safety and |
6 | | service needs of these individuals. |
7 | | (h) For the purposes of items (7) through (10) of |
8 | | subsection (c), a licensed health care professional may not be |
9 | | employed by the owner or operator of the establishment, its |
10 | | parent entity, or any other entity with ownership common to |
11 | | either the owner or operator of the establishment or parent |
12 | | entity, including but not limited to an affiliate of the owner |
13 | | or operator of the establishment. Nothing in this Section is |
14 | | meant to limit a resident's right to choose his or her health |
15 | | care provider. |
16 | | (i) Subsection (h) is not applicable to residents admitted |
17 | | to an assisted living establishment under a life care contract |
18 | | as defined in the Life Care Facilities Act if the life care |
19 | | facility has both an assisted living establishment and a |
20 | | skilled nursing facility. A licensed health care professional |
21 | | providing health-related or supportive services at a life care |
22 | | assisted living or shared housing establishment must be |
23 | | employed by an entity licensed by the Department under the |
24 | | Nursing Home Care Act or the Home Health, Home Services, and |
25 | | Home Nursing Agency Licensing Act. |
26 | | (Source: P.A. 103-444, eff. 1-1-24 .)". |