Section 390.110  General Requirements


a)         This Part applies to the operator/licensee of facilities, or distinct parts of facilities that are licensed and classified to provide nursing care to persons pursuant to the terms and conditions of the MC/DD Act.


b)         The license issued to each operator/licensee shall designate the licensee's name, the facility name and 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. Licenses shall be issued for a period of not less than 6 months nor more than 18 months for facilities with annual licenses and not less than 18 months nor more than 30 months for facilities with 2-year licenses.  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 have distinct parts classified according to levels of services. The distinct part shall satisfactorily meet the applicable physical plant standards of this Part 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 who require higher standards, the facility shall comply 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 the total needs of the residents of the facility are met.


d)         A facility shall admit only that number of residents for which it is licensed. (See Section 2-209 of the Act)


e)         A facility shall not use in its title or description "Hospital," "Sanitarium," "Sanatorium," or any other word or description in its title or advertisements that indicates that a type of service is provided by the facility that the facility is not licensed to provide or does not provide.  A facility may use in its title or advertisement the words or description:  "Nursing Home," "Intermediate Care," or "Skilled Nursing Facility".


f)         Any person establishing, constructing, or modifying a health care facility or portion thereof without obtaining a required permit from the Health Facilities and Services Review Board, or in violation of the terms of the required permit,  shall not be eligible to apply for any necessary operating licenses or be eligible for payment by any State agency for services rendered in that facility until the required permit is obtained. (Section 13.1 of the Illinois Health Facilities Planning Act)


g)         Any owner of a facility licensed under the Act 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 10% 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 facility 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 Section 3-419 of the Act.  (Section 3-423 of the Act)


h)         Licensure for More than One Level of Care.


1)         A facility may be licensed for more than one level of care.  The licensee shall designate the level of care that will be provided in each bedroom. Bedrooms of like-licensed level of care shall 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 shall 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, licensed under the ID/DD Community Care Act and 77 Ill. Adm. Code 350, the licensed beds shall be located in a distinct part (as defined in Section 390.330) of the facility.


(Source:  Amended at 43 Ill. Reg. 3564, effective February 26, 2019)