Illinois Compiled Statutes
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HEALTH FACILITIES AND REGULATION210 ILCS 45/Art. II Pt. 2
(210 ILCS 45/) Nursing Home Care Act.
(210 ILCS 45/Art. II Pt. 2 heading)
210 ILCS 45/2-201
(210 ILCS 45/2-201)
(from Ch. 111 1/2, par. 4152-201)
To protect the residents' funds, the facility:
(1) Shall at the time of admission provide, in order of priority,
each resident, or the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family member,
if any, with a written statement explaining to the resident and to the
resident's spouse (a) their spousal impoverishment rights, as defined at
Section 5-4 of the Illinois Public Aid Code, and at Section 303 of Title III of the Medicare Catastrophic
Coverage Act of 1988 (P.L. 100-360), (b) their obligation to comply with the asset and income disclosure requirements of Title XIX of the federal Social Security Act and the regulations duly promulgated thereunder, except that this item (b) does not apply to facilities operated by the Illinois Department of Veterans' Affairs that do not participate in Medicaid, and (c) the
resident's rights regarding personal
funds and listing the services for which the resident will be charged. The
facility shall obtain a signed acknowledgment from each resident or the
resident's guardian, if any, or the resident's representative, if any, or
the resident's immediate family member, if any, that such person has
received the statement and understands that failure to comply with asset and income disclosure requirements may result in the denial of Medicaid eligibility.
(2) May accept funds from a resident for safekeeping and managing, if
it receives written authorization from, in order of priority, the resident
or the resident's guardian, if any, or the resident's representative,
if any, or the resident's immediate family member, if any; such authorization
shall be attested to by a witness who has no pecuniary interest in the facility
or its operations, and who is not connected in any way to facility
personnel or the administrator in any manner whatsoever.
(3) Shall maintain and allow, in order of priority, each resident
or the resident's guardian, if any, or the resident's representative,
if any, or the resident's immediate family member, if any, access to a
written record of all financial arrangements and transactions involving
the individual resident's funds.
(4) Shall provide, in order of priority, each resident, or the resident's
guardian, if any, or the resident's representative, if any,
or the resident's immediate family member, if any, with a written itemized
statement at least quarterly, of all financial transactions involving
the resident's funds.
(5) Shall purchase a surety bond, or otherwise provide assurance
satisfactory to the Departments of Public Health and Insurance that all
residents' personal funds deposited with the facility are secure against
loss, theft, and insolvency.
(6) Shall keep any funds received from a resident for safekeeping in an
account separate from the facility's funds, and shall at no time withdraw
any part or all of such funds for any purpose other than to return the
funds to the resident upon the request of the resident or any other person
entitled to make such request, to pay the resident his allowance, or to
make any other payment authorized by the resident or any other person
entitled to make such authorization.
(7) Shall deposit any funds received from a resident in excess of $100 in
an interest bearing account insured by agencies of, or corporations chartered
by, the State or federal government. The account shall be in a form which
clearly indicates that the facility has only a fiduciary interest in the
funds and any interest from the account shall accrue to the resident. The
facility may keep up to $100 of a resident's money in a non-interest bearing
account or petty cash fund, to be readily available for the resident's current
(8) Shall return to the resident, or the person who executed the written
authorization required in subsection (2) of this Section, upon written
request, all or any part of the resident's funds given the facility for
safekeeping, including the interest accrued from deposits.
(9) Shall (a) place any monthly allowance to which a resident is entitled
in that resident's personal account, or give it to the resident, unless
the facility has written authorization from the resident or the resident's
guardian or if the resident is a minor, his parent, to handle it
differently, (b) take all steps necessary to ensure that a personal needs
allowance that is placed in a resident's personal account is used
exclusively by the resident or for the benefit of the resident, and
(c) where such funds are withdrawn from the resident's personal account by
any person other than the resident, require such person to whom funds
constituting any part of a resident's personal needs allowance are
released, to execute an affidavit that such funds shall be used exclusively
for the benefit of the resident.
(10) Unless otherwise provided by State law, upon the death of a resident,
shall provide the executor or administrator of the resident's estate with
a complete accounting of all the resident's personal property, including
any funds of the resident being held by the facility.
(11) If an adult resident is incapable of managing his funds and does
not have a resident's representative, guardian, or an immediate family
member, shall notify the Office of the State Guardian of the Guardianship
and Advocacy Commission.
(12) If the facility is sold, shall provide the buyer with a written
verification by a public accountant of all residents' monies and properties
being transferred, and obtain a signed receipt from the new owner.
(Source: P.A. 98-523, eff. 8-23-13.)
210 ILCS 45/2-201.5
(210 ILCS 45/2-201.5)
Screening prior to admission.
(a) All persons age 18 or older seeking admission to a nursing
facility must be screened to
determine the need for nursing facility services prior to being admitted,
regardless of income, assets, or funding source. Screening for nursing facility services shall be administered
through procedures established by administrative rule. Screening may be done
by agencies other than the Department as established by administrative rule.
This Section applies on and after July 1, 1996. No later than October 1, 2010, the Department of Healthcare and Family Services, in collaboration with the Department on Aging, the Department of Human Services, and the Department of Public Health, shall file administrative rules providing for the gathering, during the screening process, of information relevant to determining each person's potential for placing other residents, employees, and visitors at risk of harm.
(a-1) Any screening performed pursuant to subsection (a) of
this Section shall include a determination of whether any
person is being considered for admission to a nursing facility due to a
need for mental health services. For a person who needs
mental health services, the screening shall
also include an evaluation of whether there is permanent supportive housing, or an array of
community mental health services, including but not limited to
supported housing, assertive community treatment, and peer support services, that would enable the person to live in the community. The person shall be told about the existence of any such services that would enable the person to live safely and humanely and about available appropriate nursing home services that would enable the person to live safely and humanely, and the person shall be given the assistance necessary to avail himself or herself of any available services.
(a-2) Pre-screening for persons with a serious mental illness shall be performed by a psychiatrist, a psychologist, a registered nurse certified in psychiatric nursing, a licensed clinical professional counselor, or a licensed clinical social worker,
who is competent to (i) perform a clinical assessment of the individual, (ii) certify a diagnosis, (iii) make a
determination about the individual's current need for treatment, including substance abuse treatment, and recommend specific treatment, and (iv) determine whether a facility or a community-based program
is able to meet the needs of the individual.
For any person entering a nursing facility, the pre-screening agent shall make specific recommendations about what care and services the individual needs to receive, beginning at admission, to attain or maintain the individual's highest level of independent functioning and to live in the most integrated setting appropriate for his or her physical and personal care and developmental and mental health needs. These recommendations shall be revised as appropriate by the pre-screening or re-screening agent based on the results of resident review and in response to changes in the resident's wishes, needs, and interest in transition.
Upon the person entering the nursing facility, the Department of Human Services or its designee shall assist the person in establishing a relationship with a community mental health agency or other appropriate agencies in order to (i) promote the person's transition to independent living and (ii) support the person's progress in meeting individual goals.
(a-3) The Department of Human Services, by rule, shall provide for a prohibition on conflicts of interest for pre-admission screeners. The rule shall provide for waiver of those conflicts by the Department of Human Services if the Department of Human Services determines that a scarcity of qualified pre-admission screeners exists in a given community and that, absent a waiver of conflicts, an insufficient number of pre-admission screeners would be available. If a conflict is waived, the pre-admission screener shall disclose the conflict of interest to the screened individual in the manner provided for by rule of the Department of Human Services. For the purposes of this subsection, a "conflict of interest" includes, but is not limited to, the existence of a professional or financial relationship between (i) a PAS-MH corporate or a PAS-MH agent and (ii) a community provider or long-term care facility.
(b) In addition to the screening required by subsection (a), a facility, except for those licensed under the MC/DD Act, shall, within 24 hours after admission, request a criminal history background check pursuant to the Illinois Uniform Conviction Information Act for all persons age 18 or older seeking admission to the facility, unless (i) a background check was initiated by a hospital pursuant to subsection (d) of Section 6.09 of the Hospital Licensing Act or a pre-admission background check was conducted by the Department of Veterans' Affairs 30 days prior to admittance into an Illinois Veterans Home; (ii) the transferring resident is immobile; or (iii) the transferring resident is moving into hospice. The exemption provided in item (ii) or (iii) of this subsection (b) shall apply only if a background check was completed by the facility the resident resided at prior to seeking admission to
the facility and the resident was transferred to the facility
with no time passing during which the resident was not
institutionalized. If item (ii) or (iii) of this subsection (b) applies,
the prior facility shall provide a copy of its background check
of the resident and all supporting documentation, including,
when applicable, the criminal history report and the security
assessment, to the facility to which the resident is being
transferred. Background checks conducted pursuant to this Section shall be based on the resident's name, date of birth, and other identifiers as required by the Department of State Police. If the results of the background check are inconclusive, the facility shall initiate a fingerprint-based check, unless the fingerprint check is waived by the Director of Public Health based on verification by the facility that the resident is completely immobile or that the resident meets other criteria related to the resident's health or lack of potential risk which may be established by Departmental rule. A waiver issued pursuant to this Section shall be valid only while the resident is immobile or while the criteria supporting the waiver exist. The facility shall provide for or arrange for any required fingerprint-based checks to be taken on the premises of the facility. If a fingerprint-based check is required, the facility shall arrange for it to be conducted in a manner that is respectful of the resident's dignity and that minimizes any emotional or physical hardship to the resident.
(c) If the results of a resident's criminal history background check reveal that the resident is an identified offender as defined in Section 1-114.01, the facility shall do the following:
(1) Immediately notify the Department of State
Police, in the form and manner required by the Department of State Police, in collaboration with the Department of Public Health, that the resident is an identified offender.
(2) Within 72 hours, arrange for a fingerprint-based
criminal history record inquiry to be requested on the identified offender resident. The inquiry shall be based on the subject's name, sex, race, date of birth, fingerprint images, and other identifiers required by the Department of State Police. The inquiry shall be processed through the files of the Department of State Police and the Federal Bureau of Investigation to locate any criminal history record information that may exist regarding the subject. The Federal Bureau of Investigation shall furnish to the Department of State Police, pursuant to an inquiry under this paragraph (2), any criminal history record information contained in its files.
The facility shall comply with all applicable provisions contained in the Illinois Uniform Conviction Information Act.
All name-based and fingerprint-based criminal history record inquiries shall be submitted to the Department of State Police electronically in the form and manner prescribed by the Department of State Police. The Department of State Police may charge the facility a fee for processing name-based and fingerprint-based criminal history record inquiries. The fee shall be deposited into the State Police Services Fund. The fee shall not exceed the actual cost of processing the inquiry.
(e) The Department shall develop and maintain a de-identified database of residents who have injured facility staff, facility visitors, or other residents, and the attendant circumstances, solely for the purposes of evaluating and improving resident pre-screening and assessment procedures (including the Criminal History Report prepared under Section 2-201.6) and the adequacy of Department requirements concerning the provision of care and services to residents. A resident shall not be listed in the database until a Department survey confirms the accuracy of the listing. The names of persons listed in the database and information that would allow them to be individually identified shall not be made public. Neither the Department nor any other agency of State government may use information in the database to take any action against any individual, licensee, or other entity, unless the Department or agency receives the information independent of this subsection (e). All information
collected, maintained, or developed under the authority of this subsection (e) for the purposes of the database maintained under this subsection (e) shall be treated in the same manner as information that is subject to Part 21 of Article VIII of the Code of Civil Procedure.
(Source: P.A. 99-180, eff. 7-29-15; 99-314, eff. 8-7-15; 99-453, eff. 8-24-15; 99-642, eff. 7-28-16.)
210 ILCS 45/2-201.6
(210 ILCS 45/2-201.6)
Criminal History Report.
(a) The Department of State Police shall prepare a Criminal History Report when it receives information, through the criminal history background check required pursuant to subsection (d) of Section 6.09 of the Hospital Licensing Act or subsection (c) of Section 2-201.5, or through any other means, that a resident of a facility is an identified offender.
(b) The Department of State Police shall complete the Criminal History Report within 10 business days after receiving information under subsection (a) that a resident is an identified offender.
(c) The Criminal History Report shall include, but not be limited to, the following:
(3.5) Copies of the identified offender's parole,
mandatory supervised release, or probation orders.
(4) An interview with the identified offender.
(6) A detailed summary of the entire criminal history
of the offender, including arrests, convictions, and the date of the identified offender's last conviction relative to the date of admission to a long-term care facility.
(7) If the identified offender is a convicted or
registered sex offender, a review of any and all sex offender evaluations conducted on that offender. If there is no sex offender evaluation available, the Department of State Police shall arrange, through the Department of Public Health, for a sex offender evaluation to be conducted on the identified offender. If the convicted or registered sex offender is under supervision by the Illinois Department of Corrections or a county probation department, the sex offender evaluation shall be arranged by and at the expense of the supervising agency. All evaluations conducted on convicted or registered sex offenders under this Act shall be conducted by sex offender evaluators approved by the Sex Offender Management Board.
(d) The Department of State Police shall provide the Criminal History Report to a licensed forensic psychologist. After (i) consideration of the Criminal History Report, (ii) consultation with the facility administrator or the facility medical director, or both, regarding the mental and physical condition of the identified offender, and (iii) reviewing the facility's file on the identified offender, including all incident reports, all information regarding medication and medication compliance, and all information regarding previous discharges or transfers from other facilities, the licensed forensic psychologist shall prepare an Identified Offender Report and Recommendation. The Identified Offender Report and Recommendation shall detail whether and to what extent the identified offender's criminal history necessitates the implementation of security measures within the long-term care facility. If the identified offender is a convicted or registered sex offender or if the Identified Offender Report and Recommendation reveals that the identified offender poses a significant risk of harm to others within the facility, the offender shall be required to have his or her own room within the facility.
(e) The licensed forensic psychologist shall complete the Identified Offender Report and Recommendation within 14 business days after receiving the Criminal History Report and shall promptly provide the Identified Offender Report and Recommendation to the Department of State Police, which shall provide the Identified Offender Report and Recommendation to the following:
(1) The long-term care facility within which the
identified offender resides.
(2) The Chief of Police of the municipality in which
(3) The State of Illinois Long Term Care Ombudsman.
(4) The Department of Public Health.
(e-5) The Department of Public Health shall keep a continuing record of all residents determined to be identified offenders as defined in Section 1-114.01 and shall report the number of identified offender residents annually to the General Assembly.
(f) The facility shall incorporate the Identified Offender Report and Recommendation into the identified offender's care plan created pursuant to 42 CFR 483.20.
(g) If, based on the Identified Offender Report and Recommendation, a facility determines that it cannot manage the identified offender resident safely within the facility, it shall commence involuntary transfer or discharge proceedings pursuant to Section 3-402.
(h) Except for willful and wanton misconduct, any person authorized to participate in the development of a Criminal History Report or Identified Offender Report and Recommendation is immune from criminal or civil liability for any acts or omissions as the result of his or her good faith effort to comply with this Section.
(Source: P.A. 96-1372, eff. 7-29-10.)
210 ILCS 45/2-201.7
(210 ILCS 45/2-201.7)
Expanded criminal history background check pilot program.
(a) The purpose of this Section is to establish a pilot program based in Cook and Will counties in which an expanded criminal history background check screening process will be utilized to better identify residents of licensed long term care facilities who, because of their criminal histories, may pose a risk to other vulnerable residents.
(b) In this Section, "mixed population facility" means a facility that has more than 25 residents with a diagnosis of serious mental illness and residents 65 years of age or older.
(c) Every mixed population facility located in Cook County or Will County shall participate in the pilot program and shall employ expanded criminal history background check screening procedures for all residents admitted to the facility who are at least 18 years of age but less than 65 years of age. Under the pilot program, criminal history background checks required under this Act shall employ fingerprint-based criminal history record inquiries or comparably comprehensive name-based criminal history background checks. Fingerprint-based criminal history record inquiries shall be conducted pursuant to subsection (c-2) of Section 2-201.5. A Criminal History Report and an Identified Offender Report and Recommendation shall be completed pursuant to Section 2-201.6 if the results of the expanded criminal history background check reveal that a resident is an identified offender as defined in Section 1-114.01.
(d) If an expanded criminal history background check reveals that a resident is an identified offender as defined in Section 1-114.01, the facility shall be notified within 72 hours.
(e) The cost of the expanded criminal history background checks conducted pursuant to the pilot program shall not exceed $50 per resident and shall be paid by the facility. The Department of State Police shall implement all potential measures to minimize the cost of the expanded criminal history background checks to the participating long term care facilities.
(f) The pilot program shall run for a period of one year after the effective date of this amendatory Act of the 96th General Assembly. Promptly after the end of that one-year period, the Department shall report the results of the pilot program to the General Assembly.
(Source: P.A. 96-1372, eff. 7-29-10.)
210 ILCS 45/2-202
(210 ILCS 45/2-202)
(from Ch. 111 1/2, par. 4152-202)
(a) Before a person is admitted to a facility, or at the
expiration of the period of previous contract, or when the source of
payment for the resident's care changes from private to public funds or
from public to private funds, a written contract shall be executed between
a licensee and the following in order of priority:
(1) the person, or if the person is a minor, his
(2) the person's guardian, if any, or agent, if any,
as defined in Section 2-3 of the Illinois Power of Attorney Act; or
(3) a member of the person's immediate family.
An adult person shall be presumed to have the capacity to contract for
admission to a long term care facility unless he has been adjudicated a
"person with a disability" within the meaning of Section 11a-2 of the Probate Act
of 1975, or unless a petition for such an adjudication is pending in a
circuit court of Illinois.
If there is no guardian, agent or member of the person's immediate family
available, able or willing to execute the contract required by this Section
and a physician determines that a person is so disabled as to be unable
to consent to placement in a facility, or if a person has already been found
to be a "person with a disability", but no order has been entered allowing residential
placement of the person, that person may be admitted to a facility before
the execution of a contract required by this Section; provided that a petition
for guardianship or for modification of guardianship is filed within 15
days of the person's admission to a facility, and provided further that
such a contract is executed within 10 days of the disposition of the petition.
No adult shall be admitted to a facility if he objects, orally or in writing,
to such admission, except as otherwise provided in Chapters III
and IV of the Mental Health and Developmental Disabilities Code or Section
11a-14.1 of the Probate Act of 1975.
If a person has not executed a contract as required by this Section, then
such a contract shall be executed on or before July 1, 1981, or within 10
days after the disposition of a petition for guardianship or modification
of guardianship that was filed prior to July 1, 1981, whichever is later.
Before a licensee enters a contract under this Section, it shall
provide the prospective resident and his or her guardian, if any, with written
notice of the licensee's policy regarding discharge of a resident whose
private funds for payment of care are exhausted.
Before a licensee enters into a contract under this Section, it shall provide the resident or prospective resident and his or her guardian, if any, with a copy of the licensee's policy regarding the assignment of Social Security representative payee status as a condition of the contract when the resident's or prospective resident's care is being funded under Title XIX of the Social Security Act and Article V of the Illinois Public Aid Code.
(b) A resident shall not be discharged or transferred at the expiration
of the term of a contract, except as provided in Sections 3-401 through
(c) At the time of the resident's admission to the facility, a copy of
the contract shall be given to the resident, his guardian, if any, and any
other person who executed the contract.
(d) A copy of the contract for a resident who is supported by
nonpublic funds other than the resident's own funds shall be made
available to the person providing the funds for the resident's support.
(e) The original or a copy of the contract shall be maintained in the
facility and be made available upon request to representatives of the
Department and the Department of Healthcare and Family Services.
(f) The contract shall be written in clear and unambiguous language
and shall be printed in not less than 12-point type. The general form
of the contract shall be prescribed by the Department.
(g) The contract shall specify:
(1) the term of the contract;
(2) the services to be provided under the contract
and the charges for the services;
(3) the services that may be provided to supplement
the contract and the charges for the services;
(4) the sources liable for payments due under the
(5) the amount of deposit paid; and
(6) the rights, duties and obligations of the
resident, except that the specification of a resident's rights may be furnished on a separate document which complies with the requirements of Section 2-211.
(h) The contract shall designate the name of the resident's
representative, if any. The resident shall provide the facility with a copy
of the written agreement between the resident and the resident's representative
which authorizes the resident's representative to inspect and copy the
resident's records and authorizes the resident's representative to execute
the contract on behalf of the resident required by this Section.
(i) The contract shall provide that if the resident is
compelled by a change in physical or mental health to leave the
facility, the contract and all obligations under it shall terminate on 7
days notice. No prior notice of termination of the contract shall be
required, however, in the case of a resident's death. The contract shall also provide
that in all other situations, a
resident may terminate the contract and all obligations under it with 30
days notice. All charges shall be prorated as of the date on which the
contract terminates, and, if any payments have been made in advance, the
excess shall be refunded to the resident. This provision shall not apply
to life-care contracts through which a facility agrees to provide
maintenance and care for a resident throughout the remainder of his life
nor to continuing-care contracts through which a facility agrees to
supplement all available forms of financial support in providing
maintenance and care for a resident throughout the remainder of his life.
(j) In addition to all other contract specifications contained in this
Section admission contracts shall also specify:
(1) whether the facility accepts Medicaid clients;
(2) whether the facility requires a deposit of the
resident or his family prior to the establishment of Medicaid eligibility;
(3) in the event that a deposit is required, a clear
and concise statement of the procedure to be followed for the return of such deposit to the resident or the appropriate family member or guardian of the person;
(4) that all deposits made to a facility by a
resident, or on behalf of a resident, shall be returned by the facility within 30 days of the establishment of Medicaid eligibility, unless such deposits must be drawn upon or encumbered in accordance with Medicaid eligibility requirements established by the Department of Healthcare and Family Services.
(k) It shall be a business offense for a facility to knowingly and
intentionally both retain a resident's deposit and accept Medicaid
payments on behalf of that resident.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15.)
210 ILCS 45/2-203
(210 ILCS 45/2-203)
(from Ch. 111 1/2, par. 4152-203)
Each facility shall establish a residents' advisory council.
The administrator shall designate a member of the facility staff to coordinate
the establishment of, and render assistance to, the council.
(a) The composition of the residents' advisory council shall be specified
by Department regulation, but no employee or affiliate of a facility shall
be a member of any council.
(b) The council shall meet at least once each month with the staff coordinator
who shall provide assistance to the council in preparing and disseminating
a report of each meeting to all residents, the administrator, and the staff.
(c) Records of the council meetings will be maintained in the office of
(d) The residents' advisory council may communicate to the administrator
the opinions and concerns of the residents. The council shall review procedures
for implementing resident rights, facility responsibilities and make recommendations
for changes or additions which will strengthen the facility's policies and
procedures as they affect residents' rights and facility responsibilities.
(e) The council shall be a forum for:
(1) Obtaining and disseminating information;
(2) Soliciting and adopting recommendations for facility programing and improvements;
(3) Early identification and for recommending orderly resolution of problems.
(f) The council may present complaints as provided in Section 3-702 on
behalf of a resident to the Department, the Long-Term Care Facility Advisory
Board created by Section 2-204, or to any other person it considers appropriate.
(Source: P.A. 81-223.)
210 ILCS 45/2-204
(210 ILCS 45/2-204)
(from Ch. 111 1/2, par. 4152-204)
The Director shall appoint a Long-Term Care Facility Advisory
Board to consult with the Department and the residents' advisory councils
created under Section 2-203.
(a) The Board shall be comprised of the following persons:
(1) The Director who shall serve as chairman, ex
officio and nonvoting; and
(2) One representative each of the Department of
Healthcare and Family Services, the Department of Human Services, the Department on Aging, and the Office of the State Fire Marshal, all nonvoting members;
(3) One member who shall be a physician licensed to
practice medicine in all its branches;
(4) One member who shall be a registered nurse
selected from the recommendations of professional nursing associations;
(5) Four members who shall be selected from the
recommendations by organizations whose membership consists of facilities;
(6) Two members who shall represent the general
public who are not members of a residents' advisory council established under Section 2-203 and who have no responsibility for management or formation of policy or financial interest in a facility;
(7) One member who is a member of a residents'
advisory council established under Section 2-203 and is capable of actively participating on the Board; and
(8) One member who shall be selected from the
recommendations of consumer organizations which engage solely in advocacy or legal representation on behalf of residents and their immediate families.
(b) The terms of those members of the Board appointed prior to the
effective date of this amendatory Act of 1988 shall expire on December 31,
1988. Members of the Board created by this amendatory Act of 1988 shall be
appointed to serve for terms as follows: 3 for 2 years, 3 for 3 years
and 3 for 4 years. The member of the Board added by this amendatory Act
of 1989 shall be appointed to serve for a term of 4 years. Each successor
member shall be appointed for a term of 4 years. Any member appointed to fill
a vacancy occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the remainder of such term.
The Board shall meet as frequently as the chairman deems necessary, but not
less than 4 times each year. Upon request by 4 or more members the chairman
shall call a meeting of the Board. The affirmative vote of 6 members of the
Board shall be necessary for Board action. A member of the Board can designate
a replacement to serve at the Board meeting and vote in place of the member by
submitting a letter of designation to the chairman prior to or at the
Board meeting. The Board members shall be reimbursed for their actual
expenses incurred in the performance of their duties.
(c) The Advisory Board shall advise the Department of Public Health on
all aspects of its responsibilities under this Act and the Specialized Mental Health Rehabilitation Act of 2013, including the format
and content of any rules promulgated by the Department of Public Health.
Any such rules, except emergency rules promulgated pursuant to Section 5-45 of
the Illinois Administrative Procedure Act, promulgated without
obtaining the advice of the Advisory Board are null and void. In the event
that the Department fails to follow the advice of the Board, the Department
shall, prior to the promulgation of such rules, transmit a written explanation
of the reason thereof to the Board. During its review of rules, the Board
shall analyze the economic and regulatory impact of those rules. If the
Advisory Board, having been asked for its advice, fails to advise the
Department within 90 days, the rules shall be considered acted upon.
(Source: P.A. 97-38, eff. 6-28-11; 98-104, eff. 7-22-13; 98-463, eff. 8-16-13.)
210 ILCS 45/2-205
(210 ILCS 45/2-205)
(from Ch. 111 1/2, par. 4152-205)
The following information is subject to disclosure to
the public from the Department or the Department of Healthcare and Family Services:
(1) Information submitted under Sections 3-103 and
3-207 except information concerning the remuneration of personnel licensed, registered, or certified by the Department of Professional Regulation and monthly charges for an individual private resident;
(2) Records of license and certification inspections,
surveys, and evaluations of facilities, other reports of inspections, surveys, and evaluations of resident care, whether a facility has been designated a distressed facility, and the basis for the designation, and reports concerning a facility prepared pursuant to Titles XVIII and XIX of the Social Security Act, subject to the provisions of the Social Security Act;
(3) Cost and reimbursement reports submitted by a
facility under Section 3-208, reports of audits of facilities, and other public records concerning costs incurred by, revenues received by, and reimbursement of facilities; and
(4) Complaints filed against a facility and complaint
investigation reports, except that a complaint or complaint investigation report shall not be disclosed to a person other than the complainant or complainant's representative before it is disclosed to a facility under Section 3-702, and, further, except that a complainant or resident's name shall not be disclosed except under Section 3-702.
The Department shall disclose information under this Section in
accordance with provisions for inspection and copying of public records
required by the Freedom of Information Act.
However, the disclosure of information described in subsection (1) shall
not be restricted by any provision of the Freedom of Information Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.)
210 ILCS 45/2-206
(210 ILCS 45/2-206)
(from Ch. 111 1/2, par. 4152-206)
(a) The Department shall respect the confidentiality of a
resident's record and shall not divulge or disclose the contents of a
record in a manner which identifies a resident, except upon a resident's
death to a relative or guardian, or under judicial proceedings. This
Section shall not be construed to limit the right of a resident to inspect
or copy the resident's records.
(b) Confidential medical, social, personal, or financial information
identifying a resident shall not be available for public inspection in a
manner which identifies a resident.
(Source: P.A. 81-1349.)
210 ILCS 45/2-207
(210 ILCS 45/2-207)
(from Ch. 111 1/2, par. 4152-207)
(a) Each year the Department shall publish a Directory
for each public health region listing facilities to be made available to
the public and be available at all Department offices. The Department
may charge a fee for the Directory. The Directory shall contain, at a
minimum, the following information:
(1) The name and address of the facility;
(2) The number and type of licensed beds;
(3) The name of the cooperating hospital, if any;
(4) The name of the administrator;
(5) The facility telephone number; and
(6) Membership in a provider association and accreditation by any
(b) Detailed information concerning basic costs for care and
operating policies shall be available to the public upon request at each
facility. However, a facility may refuse to make available any proprietary
operating policies to the extent such facility reasonably believes such
policies may be revealed to a competitor.
(Source: P.A. 81-1349.)
210 ILCS 45/2-208
(210 ILCS 45/2-208)
(from Ch. 111 1/2, par. 4152-208)
A facility shall immediately notify the resident's next of
kin, representative and physician of the resident's death or when the resident's
death appears to be imminent.
(Source: P.A. 81-223.)
210 ILCS 45/2-209
(210 ILCS 45/2-209)
(from Ch. 111 1/2, par. 4152-209)
A facility shall admit only that number of residents for which
it is licensed.
(Source: P.A. 81-223.)
210 ILCS 45/2-210
(210 ILCS 45/2-210)
(from Ch. 111 1/2, par. 4152-210)
A facility shall establish written policies and procedures
to implement the responsibilities and rights provided in this Article.
The policies shall include the procedure for the investigation and resolution
of resident complaints as set forth under Section 3-702. The policies and
procedures shall be clear and unambiguous and
shall be available for inspection by any person. A summary of the policies
and procedures, printed in not less than 12 point type, shall be distributed
to each resident and representative.
(Source: P.A. 81-223.)
210 ILCS 45/2-211
(210 ILCS 45/2-211)
(from Ch. 111 1/2, par. 4152-211)
Each resident and resident's guardian or other person
acting for the resident shall be given a written explanation, prepared by
the Office of the State Long Term Care Ombudsman, of all the rights
enumerated in Part 1 of this Article and in Part 4 of Article III. For
residents of facilities participating in Title XVIII or XIX of the Social
Security Act, the explanation shall include an explanation of residents'
rights enumerated in that Act. The explanation shall be given at the time
of admission to a facility or as soon thereafter as the condition of the
resident permits, but in no event later than 48 hours after admission, and
again at least annually thereafter. At the time of the implementation of
this Act each resident shall be given a written summary of all the rights
enumerated in Part 1 of this Article.
If a resident is unable to read such written explanation, it shall be
read to the resident in a language the resident understands. In the case
of a minor or a person having a guardian or other person acting for him,
both the resident and the parent, guardian or other person acting for the
resident shall be fully informed of these rights.
(Source: P.A. 95-331, eff. 8-21-07.)
210 ILCS 45/2-212
(210 ILCS 45/2-212)
(from Ch. 111 1/2, par. 4152-212)
The facility shall ensure that its staff is familiar with
and observes the rights and responsibilities enumerated in this Article.
(Source: P.A. 81-223.)
210 ILCS 45/2-213
(210 ILCS 45/2-213)
(a) A facility shall annually administer or arrange for administration of a vaccination against influenza to
resident, in accordance with the recommendations of the Advisory Committee on
Immunization Practices of the Centers for Disease Control and Prevention that
recent to the time of vaccination, unless the vaccination is medically
the resident has refused the vaccine. Influenza vaccinations for all residents
age 65 and
over shall be completed by November 30 of each year or as soon as practicable
supplies are not available before November 1. Residents admitted after November
during the flu season, and until February 1 shall, as medically appropriate,
receive an influenza vaccination prior to or upon admission or as soon as
practicable if vaccine
supplies are not available at the time of the admission, unless the vaccine is
contraindicated or the resident has refused the vaccine. In the event that the
Committee on Immunization Practices of the Centers for Disease Control and
determines that dates of administration other than those stated in this Act are
protect the health of residents, the Department is authorized to develop rules
vaccinations at those times rather than the times stated in this Act. A
facility shall document in the resident's medical record that an annual
vaccination against influenza
was administered, arranged, refused or medically contraindicated.
(b) A facility shall administer or arrange for administration of a pneumococcal
vaccination to each resident, in accordance with the
recommendations of the Advisory Committee on Immunization Practices of the
for Disease Control and Prevention, who has not received this immunization
prior to or
upon admission to the facility, unless the resident refuses the offer for
vaccination or the
vaccination is medically contraindicated. A facility shall document in each
medical record that a vaccination against pneumococcal pneumonia was offered
and administered, arranged, refused, or medically contraindicated.
(c) All persons seeking admission to a nursing facility shall be verbally screened for risk factors associated with hepatitis B, hepatitis C, and the Human Immunodeficiency Virus (HIV) according to guidelines established by the U.S. Centers for Disease Control and Prevention. Persons who are identified as being at high risk for hepatitis B, hepatitis C, or HIV shall be offered an opportunity to undergo laboratory testing in order to determine infection status if they will be admitted to the nursing facility for at least 7 days and are not known to be infected with any of the listed viruses. All HIV testing shall be conducted in compliance with the AIDS Confidentiality Act. All persons determined to be susceptible to the hepatitis B virus shall be offered immunization within 10 days of admission to any nursing facility. A facility shall document in the resident's medical record that he or she was verbally screened for risk factors associated with hepatitis B, hepatitis C, and HIV, and whether or not the resident was immunized against hepatitis B. Nothing in this subsection (c) shall apply to a nursing facility licensed or regulated by the Illinois Department of Veterans' Affairs.
(d) A skilled nursing facility shall designate a person or persons as Infection Prevention and Control Professionals to develop and implement policies governing control of infections and communicable diseases. The Infection Prevention and Control Professionals shall be qualified through education, training, experience, or certification or a combination of such qualifications. The Infection Prevention and Control Professional's qualifications shall be documented and shall be made available for inspection by the Department.
(e) The Department shall provide facilities with educational information on all vaccines recommended by the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices, including, but not limited to, the risks associated with shingles and how to protect oneself against the varicella-zoster virus. A facility shall distribute the information to: (1) each resident who requests the information; and (2) each newly admitted resident. The facility may distribute the information to residents electronically.
(Source: P.A. 100-1042, eff. 1-1-19
210 ILCS 45/2-214
(210 ILCS 45/2-214)
Consumer Choice Information Reports.
(a) Every facility shall complete a Consumer Choice Information Report and shall file it with the Office of State Long Term Care Ombudsman electronically as prescribed by the Office. The Report shall be filed annually and upon request of the Office of State Long Term Care Ombudsman. The Consumer Choice Information Report must be completed by the facility in full.
(b) A violation of any of the provisions of this Section constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for the enforcement of this Section.
(c) The Department of Public Health shall include verification of the submission of a facility's current Consumer Choice Information Report when conducting an inspection pursuant to Section 3-212.
(Source: P.A. 95-823, eff. 1-1-09.)
210 ILCS 45/2-215
(210 ILCS 45/2-215)
Conflicts with the Department of Veterans' Affairs Act.
there is a conflict between the provisions of this Act and the provisions of
Department of Veterans' Affairs Act concerning an Illinois Veterans Home not
operated by the Department of Veterans' Affairs, then the provisions of this
Act shall apply.
(Source: P.A. 100-143, eff. 1-1-18
210 ILCS 45/2-216
(210 ILCS 45/2-216)
Notification of identified offenders.
Every licensed facility shall provide to every prospective and current resident and resident's guardian, and to every facility employee, a written notice, prescribed by the Illinois Department of Public Health, advising the resident, guardian, or employee of his or her right to ask whether any residents of the facility are identified offenders. The notice shall also be prominently posted within every licensed facility. The notice shall include a statement that information regarding registered sex offenders may be obtained from the Illinois State Police website and that information regarding persons serving terms of parole or mandatory supervised release may be obtained from the Illinois Department of Corrections website.
(Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)
210 ILCS 45/2-217
(210 ILCS 45/2-217)
Order for transportation of resident by an ambulance service provider.
If a facility orders medi-car, service car, or ground ambulance transportation of a resident of the facility by an ambulance service provider, the facility must maintain a written record that shows (i) the name of the person who placed the order for that transportation and (ii) the medical reason for that transportation. Additionally, the facility must provide the ambulance service provider with a Physician Certification Statement on a form prescribed by the Department of Healthcare and Family Services in accordance with subsection (g) of Section 5-4.2 of the Illinois Public Aid Code. The facility shall provide a copy of the Physician Certification Statement to the ambulance service provider prior to or at the time of transport. The Physician Certification Statement is not required prior to the transport if a delay in transport can be expected to negatively affect the patient outcome; however, the facility shall provide a copy of the Physician Certification Statement to the ambulance service provider at no charge within 10 days after the request. A facility shall, upon request, furnish assistance to the transportation provider in the completion of the form if the Physician Certification Statement is incomplete. The facility must maintain the record for a period of at least 3 years after the date of the order for transportation by ambulance.
(Source: P.A. 100-646, eff. 7-27-18.)