TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER c: LONG-TERM CARE FACILITIES
PART 396 LIFE CARE FACILITIES CONTRACT CODE
SECTION 396.10 DEFINITIONS


 

Section 396.10 Definitions

 

"Act" means the Life Care Facilities Act (Ill. Rev. Stat. 1989, ch. 111 1/2, par. 4160 et seq.).

 

"Certificates of need" means those permits issued pursuant to the Illinois Health Facilities Planning Act, as now or hereafter amended (Section 2(n) of the Act, Ill. Rev. Stat. 1989, ch. 111, pars. 1151 et seq.).

 

"Department" means the Department of Public Health (Section 2(a) of the Act).

 

"Director" means the Director of the Department (Section 2(b) of the Act).

 

"Entrance Fee" means an initial or deferred transfer to a provider of a sum of money or property, made or promised to be made by a person entering into a Life Care Contract, which assures a resident of services pursuant to a life care contract (Section 2(h) of the Act).

 

"Escrow Account" means an account with a bank, trust company, or other financial institution located in the State of Illinois, held in the name of the provider and the escrow agent. The escrow account is returned to the provider or paid to a third party on fulfillment of the escrow conditions.

 

"Facility" means a place or places in which a provider undertakes to provide a resident with nursing services, medical services or personal care services, in addition to maintenance services for a term in excess of one year or for life pursuant to a life care contract. The term also means a place or places in which a provider undertakes to provide such services to a non-resident (Section 2(f) of the Act).

 

"Financial disclosure statement" means the most recently completed and audited financial statement, and shall include, but not be limited to, disclosure of short term assets and liabilities. This financial disclosure statement is to be delivered to prospective residents of a life care facility by the provider.

 

"Financial Institution" means a savings and loan association authorized to do business under the "Illinois Savings and Loan Act of 1985", as amended (Ill. Rev. Stat. 1987, ch. 17, par. 3301 et seq.), or a credit union authorized to do business under the "Illinois Credit Union Act", as amended (Ill. Rev. Stat. 1987, ch. 17, par. 4401 et seq.).

 

"Letter of Credit" means an official guarantee from the issuer (bank, trust company, or other financial institution located in the State of Illinois) to honor the commitments imposed in its provision for the length of time and amount specified. Since the issuer pledges its full faith and credit behind the instrument, it is a security equal to that of an escrow account. A letter of credit must be irrevocable and subject to the provisions of Section 7 of the Act which apply to the escrow in lieu of which the Letter of Credit is established.

 

"Life Care Contract" means a contract to provide to a person for the duration of such person's life or for a term in excess of one (1) year, nursing services, medical services or personal care services, in addition to maintenance services for such person in a facility, conditioned upon the transfer of an entrance fee to the provider of such services in addition to or in lieu of the payment of regular periodic charges for the care and services involved (Section 2(c) of the Act).

 

"Living Unit" means an apartment, room or other area within a facility set aside for the exclusive use of one or more identified residents, who have entered into a Life Care Contract (Section 2(g) of the Act).

 

"Maintenance Services" means food, shelter and laundry services (Section 2(m) of the Act).

 

"Medical Services" means those services pertaining to medical or dental care that are performed in behalf of patients at the direction of a physician licensed under the Medical Practice Act of 1987 (Ill. Rev. Stat. 1989, ch. 111, pars. 4400-1) or a dentist licensed under the Illinois Dental Practice Act (Ill. Rev. Stat. 1989, ch. 111, pars. 2301 et seq.) such physicians or by a registered or licensed practical nurse as defined in the Illinois Nursing Act of 1987 (Ill. Rev. Stat. 1989, ch. 111, pars. 3501 et seq.) or by other professional and technical personnel. The Department shall not prescribe the course of medical treatment provided to an individual resident by the resident's physician in a facility.

 

"Newly Constructed Facility" means a life care facility which has not previously existed, at a site where structures are built or remodeled for the purpose of providing a place of residence for life care contractees.

 

"Non-Resident" means a person admitted to a facility who has not entered into a life care contract (Section 2(o) of the Act).

 

"Nursing Services" means those services pertaining to the curative, restorative and preventive aspects of nursing care that are performed at the direction of a physician licensed under the Medical Practice Act of 1987 by or under the supervision of a registered or licensed practical nurse as defined in the Illinois Nursing Act of 1987. For purposes of the Act and this Part, the term only applies to services provided in a facility licensed under the Nursing Home Care Act (Ill. Rev. Stat. 1989, ch. 111, par. 4151-101 et seq.) (Section 2(k) of the Act).

 

"Permit" means a written authorization to enter into life care contracts issued by the Department to a provider (Section 2(i) of the Act).

 

"Personal Care Services" means assistance with meals, dressing, movement, bathing or other personal needs or maintenance, or general supervision and oversight of the physical and mental well-being of an individual, who is incapable of maintaining a private independent residence or who is incapable of managing his person whether or not a guardian has been appointed for such individual. For purposes of the Act and this Part, the term only applies to services provided in a facility licensed under the Nursing Home Care Act (Ill. Rev. Stat. 1989, ch. 111, par. 4151-101 et seq.) (Section 2(l) of the Act).

 

"Provider" means a person who provides services pursuant to a life care contract (Section 2(d) of the Act).

 

"Ready for occupancy" means that the facility's completed structure is ready to initiate and sustain full operations as a Life Care residence. All mechanical systems, including plumbing, electrical systems, ventilation systems for heating and cooling, and emergency alarm systems must be fully functional. Access driveways and walkways must be in place, and all services as described in the Life Care contract must be available. The facility must be in compliance with all existing local housing codes.

 

"Regular periodic charges" means the monthly fee for care and services as described in the life care contract.

 

"Resident" means a person who enters into a life care contract with a provider, or who is designated in a life care contract to be a person provided with maintenance and nursing, medical or personal care services (Section 2(e) of the Act).

 

"Substantially completed" means that the facility's entire structure and grounds are completed as described in the facility's architectural blueprints and construction contracts, and that the facility is in compliance with existing local building codes.