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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
HEALTH FACILITIES AND REGULATION (210 ILCS 45/) Nursing Home Care Act. 210 ILCS 45/3-708
(210 ILCS 45/3-708) (from Ch. 111 1/2, par. 4153-708)
Sec. 3-708.
The Director or hearing officer shall not be bound by common
law or statutory rules of evidence, or by technical or formal rules of procedure,
but shall conduct hearings in the manner best calculated to result in substantial
justice.
(Source: P.A. 81-223.)
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210 ILCS 45/3-709
(210 ILCS 45/3-709) (from Ch. 111 1/2, par. 4153-709)
Sec. 3-709.
All subpoenas issued by the Director or hearing officer may
be served as provided for in civil actions. The fees of witnesses for attendance
and travel shall be the same as the fees for witnesses before the circuit
court and shall be paid by the party to such proceeding at whose request
the subpoena is issued. If such subpoena is issued at the request of the
Department or by a person proceeding in forma pauperis the witness fee shall
be paid by the Department as an administrative expense.
(Source: P.A. 81-223.)
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210 ILCS 45/3-710
(210 ILCS 45/3-710) (from Ch. 111 1/2, par. 4153-710)
Sec. 3-710.
In cases of refusal of a witness to attend or testify or to
produce books or papers, concerning any matter upon which he might be
lawfully examined, the circuit court of the county wherein the hearing is
held, upon application of any party to the proceeding, may compel obedience
by a proceeding for contempt as in cases of a like refusal to obey a similar
order of the court.
(Source: P.A. 81-223.)
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210 ILCS 45/3-711
(210 ILCS 45/3-711) (from Ch. 111 1/2, par. 4153-711)
Sec. 3-711.
The Department, at its expense, shall provide a stenographer
to take the testimony, or otherwise record the testimony, and preserve
a record of all proceedings under this Section. The notice of hearing, the
complaint and all other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of testimony, and the findings
and decision shall be the record of the proceedings. The Department shall
furnish a transcript of such record to any person interested in such hearing
upon payment therefor of 70 cents per page for each original transcript
and 25 cents per page for each certified copy thereof. However, the charge
for any part of such transcript ordered and paid for previous to the writing
of the original record shall be 25 cents per page.
(Source: P.A. 81-223.)
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210 ILCS 45/3-712
(210 ILCS 45/3-712) (from Ch. 111 1/2, par. 4153-712)
Sec. 3-712.
The Department shall not be required to certify any record
or file any answer or otherwise appear in any proceeding for judicial review
under Section 3-713 of this Act unless the party filing the complaint deposits
with the clerk of the court the sum of 95 cents per page, representing the
costs of such certification. Failure on the part of the plaintiff to make
such deposit shall be grounds for dismissal of the action; provided, however,
that persons proceeding in forma pauperis with the approval of the circuit
court shall not be required to pay these fees.
(Source: P.A. 81-223.)
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210 ILCS 45/3-713
(210 ILCS 45/3-713) (from Ch. 111 1/2, par. 4153-713)
Sec. 3-713.
(a) Final administrative decisions after hearing shall be
subject to judicial review exclusively as provided in the Administrative
Review Law, as now or hereafter amended, except that any petition for judicial
review of Department action under this Act shall be filed within 15 days
after receipt of notice of the final agency determination. The term "administrative
decision" has the meaning ascribed to it in Section 3-101 of the Code of
Civil Procedure.
(b) The court may stay enforcement of the Department's final decision
or toll the continuing accrual of a penalty under Section 3-305 if a showing
is made that there is a substantial probability that the party seeking review
will prevail on the merits and will suffer irreparable harm if a stay is
not granted, and that the facility will meet the requirements of this Act
and the rules promulgated under this Act during such stay. Where
a stay is granted the court may impose such conditions on the granting of
the stay as may be necessary to safeguard the lives, health, rights, safety
and welfare of residents, and to assure compliance by the facility with
the requirements of this Act, including an order for transfer or discharge
of residents under Sections 3-401 through 3-423 or for appointment of a
receiver under Sections 3-501 through 3-517.
(c) Actions brought under this Act shall be set for trial
at the earliest possible date and shall take precedence on the court calendar
over all other cases except matters to which equal or superior precedence
is specifically granted by law.
(Source: P.A. 82-783.)
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210 ILCS 45/3-713.5 (210 ILCS 45/3-713.5) Sec. 3-713.5. Informal dispute resolution. Pursuant to the requirements of subsection (c) of Section 3-212 of this Act, when a facility submits comments refuting licensure findings, it shall be considered an informal dispute resolution if the same findings were not submitted for an informal dispute resolution pursuant to protocols for federal certification deficiencies established by the federal Centers for Medicare and Medicaid Services. The Department shall review documentation submitted as the basis for an informal dispute resolution. If the Department determines that the submitted evidence or arguments were insufficient to refute the findings, then the Department shall provide a written explanation of the reason or reasons why the evidence or arguments were insufficient to refute the finding. If the Department fails to provide a written explanation of the reason or reasons why the evidence or arguments were insufficient to refute the informal dispute resolution findings within 60 days of receipt, the alleged, disputed licensure violation shall be cited, but no penalty shall be imposed.
(Source: P.A. 99-555, eff. 1-1-17 .) |
210 ILCS 45/3-714
(210 ILCS 45/3-714) (from Ch. 111 1/2, par. 4153-714)
Sec. 3-714.
The remedies provided by this Act are cumulative and shall
not be construed as restricting any party from seeking any remedy, provisional
or otherwise, provided by law for the benefit of the party, from obtaining
additional relief based upon the same facts.
(Source: P.A. 81-223.)
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210 ILCS 45/Art. III Pt. 8
(210 ILCS 45/Art. III Pt. 8 heading)
PART 8.
MISCELLANEOUS PROVISIONS
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210 ILCS 45/3-801
(210 ILCS 45/3-801) (from Ch. 111 1/2, par. 4153-801)
Sec. 3-801.
The Department shall have the power to adopt rules and regulations
to carry out the purpose of this Act.
(Source: P.A. 81-223.)
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210 ILCS 45/3-801.1
(210 ILCS 45/3-801.1) (from Ch. 111 1/2, par. 4153-801.1)
Sec. 3-801.1.
Notwithstanding the other provisions of this Act to the
contrary, the agency designated by the Governor under Section 1 of "An Act in
relation to the protection and advocacy of the rights of persons with
developmental disabilities, and amending Acts therein named", enacted by the
84th General Assembly, shall have access to the records of a person with
developmental disabilities who resides in a facility, subject to the
limitations of this Act. The agency shall also have access for the purpose of
inspection and copying, to the records of a person with developmental
disabilities who resides in any such facility if (1) a complaint is received by
such agency from or on behalf of the person with a developmental disability,
and (2) such person does not have a guardian or the State or the designee of
the State is the guardian of such person. The designated agency shall provide
written notice to the person with developmental disabilities and the State
guardian of the nature of the complaint based upon which the designated agency
has gained access to the records. No record or the contents of any record shall
be redisclosed by the designated agency unless the person with developmental
disabilities and the State guardian are provided 7 days advance written notice,
except in emergency situations, of the designated agency's intent to redisclose
such record, during which time the person with developmental disabilities or
the State guardian may seek to judicially enjoin the designated agency's
redisclosure of such record on the grounds that such redisclosure is contrary
to the interests of the person with developmental disabilities. If a person
with developmental disabilities resides in such a facility and has a guardian
other than the State or the designee of the State, the facility director shall
disclose the guardian's name, address, and telephone number to the designated
agency at the agency's request.
Upon request, the designated agency shall be entitled to inspect and copy
any records or other materials which may further the agency's investigation
of problems affecting numbers of persons with developmental disabilities. When
required by law any personally identifiable information of persons with a
developmental disability shall be removed from the records. However, the
designated agency may not inspect or copy any records or other materials when
the removal of personally identifiable information imposes an unreasonable
burden on the facility.
For the purposes of this Section, "developmental disability" means a
severe, chronic disability of a person which -
(A) is attributable to a mental or physical impairment or combination of
mental and physical impairments;
(B) is manifested before the person attains age 22;
(C) is likely to continue indefinitely;
(D) results in substantial functional limitations in 3 or more of the
following areas of major life activity: (i) self-care, (ii) receptive and
expressive language, (iii) learning, (iv) mobility, (v) self-direction,
(vi) capacity for independent living, and (vii) economic self-sufficiency; and
(E) reflects the person's need for combination and sequence of special,
interdisciplinary or generic care, treatment or other services which are of
lifelong or extended duration and are individually planned and coordinated.
(Source: P.A. 88-380.)
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210 ILCS 45/3-801.2 (210 ILCS 45/3-801.2) Sec. 3-801.2. Closed captioning required. A facility licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a resident's room, or enable the closed captioning feature when requested to do so by a member of the general public or a resident, if the television includes a closed captioning feature. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the facility's staff after such feature is enabled in a common area or in a resident's room unless the deactivation of the closed captioning feature is knowing or intentional. It is not a violation of this Section if the closed captioning feature is deactivated by a member of the general public, a resident, or a member of the facility's staff at the request of a resident of a facility licensed under this Act. If a facility licensed under this Act does not have a television in a common area that includes a closed captioning feature, then the facility licensed under this Act must ensure that all televisions obtained for common areas after the effective date of this amendatory Act of the 101st General Assembly include a closed captioning feature. This Section does not affect any other provision of law relating to disability discrimination or providing reasonable accommodations or diminish the rights of a person with a disability under any other law. Nothing in this Section shall apply to televisions that are privately owned by a resident or third party and not owned by the facility. As used in this Section, "closed captioning" means a text display of spoken words presented on a television that allows a deaf or hard of hearing viewer to follow the dialogue and the action of a program simultaneously.
(Source: P.A. 101-116, eff. 1-1-20 .) |
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