Section 146.205  Definitions


For purposes of this Part, the following terms shall be defined as follows:


"Abuse" means the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish (42 CFR 488.301).


"Activities of Daily Living" or "ADL" means eating, bathing, dressing, transferring, toileting, walking and grooming.


"Advance Directive" means a power of attorney that gives a designated individual decision-making powers upon a person's incompetence.  The Department of Public Health is required to make available a Uniform Do Not Resuscitate Advance Directive that may be used in all settings, the Statutory Will Declaration form, the Illinois Statutory Short Form Power of Attorney for Health Care, the statutory Declaration of Mental Health Treatment Form, and the summary of advance directives law in Illinois (Section 2310-600 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois [20 ILCS 2310-600].


"Bank Nursing Facility Beds" means a choice by SLP providers to participate by converting a distinct part of a nursing facility.  Such facilities shall be allowed to retain the Certificate of Need for nursing beds that were converted.


"Complaint" means a phone call, letter or personal contact to the Department from a resident, family member, resident representative or any other interested person expressing a concern related to the health, safety or well-being of one or more SLP residents.


"Comprehensive Resident Assessment Instrument" or "RAI" means the Department designated resident assessment instrument designed for use in SLP settings.


"Declaration of Mental Health Treatment" means a document that lets a person state he or she wants to receive electroconvulsive treatment (ECT) or psychotropic medicine when the person has a mental illness and is unable to make decisions for himself or herself.  It also allows a person to say whether he or she wishes to be admitted to a mental health facility if unable to make that decision.


"Department" means the Illinois Department of Healthcare and Family Services.


"Determination of Need" or "DON" means the assessment tool used by the Department or the Department's authorized representative to determine functional needs of a resident or prospective resident of the SLP in which the resident or prospective resident has been found to be in need of a nursing facility level of care.  A minimum score of 29 is required on the DON, which indicates a nursing facility level of care, before payment may be authorized for the SLP resident.


"Developmental Disability" or "DD" means a disability that is attributable to a diagnosis of mental retardation or related condition such as cerebral palsy or epilepsy that results in impairment of general intellectual functioning or adaptive behavior.  This condition is manifested before the age of 22 and is likely to continue indefinitely.  It results in substantial functional limitations in three or more areas of major life activities, such as self-care, understanding and use of language, learning, mobility, self-direction, and capacity for independent living.


"Direct Care Staff" means staff that provides professional nursing services, assistance with activities of daily living or other personal needs or maintenance, or general supervision and oversight of the physical and mental well being of an individual.


"Distinct Part" means a separate building or an entire wing or other physically identifiable space of an existing nursing facility licensed under the Nursing Home Care Act or the Hospital Licensing Act that is operated as an SLP setting distinguishable from the rest of the facility.  The distinct part of a nursing facility will not be subject to provisions of the Nursing Home Care Act.  The distinct part of a hospital will be subject to provisions of the Hospital Licensing Act while complying with provisions of this Subpart B.  Distinct part does not include the conversion of an entire nursing facility or hospital.


"Do Not Resuscitate" or "DNR" means a medical treatment order that says cardiopulmonary resuscitation (CPR) will not be attempted if a person's heart and/or breathing stops.


"Durable Power of Attorney" means power of attorney given to a person designated as another person's agent giving broad powers to make health care decisions, including power to require, consent to or withdraw any type of personal care or medical treatment for any physical or mental condition, and to admit or discharge a person from any hospital, home or other institution.


"Financial Exploitation" means the act of obtaining control over a resident or his or her property and/or resources through deception or intimidation to the disadvantage of the resident and/or the profit of another and/or the intent of depriving the resident of the use, benefit or possession of his or her property and/or resources.


"Follow-up Care" means the response to, and documentation of, the service plan that is discussed with, and agreed to by, the resident and/or the resident's guardian.  It may include, but is not limited to, physician referrals, revision of the service plan to incorporate nursing services, health promotion counseling and teaching self care in meeting health needs.


"Freestanding Facility" means a separate building that is not part of an existing nursing facility or hospital.  Freestanding facility includes new construction, an existing building or conversion of an entire nursing facility or hospital into an SLP setting.


"Immediate Jeopardy" means a situation in which a provider's noncompliance with one or more requirements of participation has caused, or is likely to cause, serious injury, harm, impairment or death to a resident (42 CFR 488.301).


"Instrumental Activities of Daily Living" or "IADL" means activities related to independent living and includes preparing meals, managing money, shopping for groceries or personal items, performing light or heavy housework, and using a telephone.


"Licensed Nurse" means a person whose services are paid for by an SLP and who is licensed as a registered nurse, registered professional nurse, practical nurse or licensed practical nurse under the Nurse Practice Act [225 ILCS 65].


"Living Will" means a document that tells a person's health care professional whether the person wants death-delaying procedures used if the person has a terminal condition, and the person is unable to state his or her wishes.  A terminal condition means an incurable and irreversible condition such that death is imminent, and the application of any death delaying procedures serves only to prolong the dying process.  A living will allows for the administration of medication, sustenance, or the performance of any medical procedure deemed necessary by the person's attending physician to provide the person with comfort care.


"Mandated Reporter" is anyone identified in the Elder Abuse and Neglect Act [320 ILCS 20] that shall report suspected abuse while engaged in carrying out professional duties.  A mandated reporter includes, but is not limited to, a professional or professional's designee while engaged in social services and the care of an adult age 60 and over.  It also includes, but is not limited to, any occupation required to be licensed under the Dietetic and Nutrition Services Practice Act [225 ILCS 30], Nurse Practice Act, and Nursing Home Administrator Licensing and Disciplinary Act [225 ILCS 70], and field personnel of the Departments of Healthcare and Family Services, Public Health and Human Services and any county or municipal health department.


"Medicaid" means the Department's Medical Assistance Program.


"Medicaid Resident" means a person with a physical disability (as determined by the Social Security Administration) age 22 years and over or a person who is age 65 years and over, who has been determined eligible for Medicaid payment for SLP services. Eligibility for a person residing in an SLP setting shall be determined in accordance with 89 Ill. Adm. Code 120.10 and 120.61 (excluding subsection (f) of Section 120.61).  Provisions for property transfers as described at 89 Ill. Adm. Code 120.387 shall apply to a person residing in an SLP setting.  Provisions for the prevention of spousal impoverishment as described at 89 Ill. Adm. Code 120.379 shall apply to a person residing in an SLP setting.


"Medical Assistance Program" means the program administered under Article V of the Illinois Public Aid Code [305 ILCS 5/Art. V] or successor programs and Title XIX of the Social Security Act (42 USC 1396) and related federal and State rules and regulations.


"Medication Error" includes, but is not limited to, incorrect dosage, medication given at incorrect time, wrong medication given, wrong route used or missed medication.


"Neglect" means a failure by the SLP provider to notify the appropriate health care professional, to provide or arrange necessary services to avoid physical or psychological harm to a resident, or to terminate the residency of a resident whose needs can no longer by met by the SLP provider, causing an avoidable decline in function.  Neglect may be either passive (non-malicious) or willful.


"Personal Allowance" means the $90 minimum protected monthly amount of a Medicaid-eligible resident's income that is retained by Medicaid-eligible residents for their personal use.


"Progress Notes" means notes used to document the decline or improvement in a resident's status.


"Rehabilitated Nursing Facility" means the conversion of a distinct part of an existing nursing facility into an SLP setting.


"Related Parties" means affiliates of an SLP provider; entities for which investments are accounted for by the equity method by the entire enterprise; trusts for the benefit of employees, such as pensions and profit-sharing trusts that are managed by or under the trusteeship of management; any general partner; management of the SLP setting; members of the immediate families of principal owners of the SLP setting or its management; and other parties with which the SLP provider may deal if one party controls or can significantly influence management or operating policies of the other to an extent that one of the transacting parties might be prevented from fully pursuing its own separate interests.  An entity or person shall be deemed by the Department to be a related party if it can significantly influence management or operating policies of the transacting parties or if it has an ownership interest in one of the transacting parties and can significantly influence the other to an extent that one or more of the transacting parties might be prevented from fully pursuing its own separate interests.


"Resident" means a person living in an SLP setting, including Medicaid residents as defined in this Section and individuals who are not eligible for Medicaid payment for SLP services.


"Resident Assessment Instrument" or "RAI" or "Comprehensive Resident Assessment Instrument" means the Department designated resident assessment instrument designed for use in SLP settings.


"Room and Board" means the housing, utilities and meals provided under the resident contract. Unless otherwise specified in the resident contract, room and board does not include phone or cable charges.


"Security Deposit" means a payment used to secure the payment of rent or compensation for damage to property for residential property containing 25 units or more (see Security Deposit Interest Act [765 ILCS 715]).  A security deposit may also include a pet deposit to secure payment for damage to the residential property.  Damage to property shall not include normal wear and tear to an apartment or any other part of the SLP setting.


"Serious Mental Illness" means:


A diagnosis of a major mental illness, such as schizophrenia, schizoaffective disorder, bipolar disorder, major depression, panic disorders, obsessive compulsive disorder, and any other disorder that could lead to a chronic disability that is not a primary diagnosis of dementia.  If the person has both a dementia diagnosis and another psychiatric condition, the symptoms of dementia must be significantly more progressed than symptoms of the co-occurring psychiatric condition;


A disorder for which the duration is a significant life disruption or that required major treatment episodes within the past two years. This does not necessarily mean that the individual was hospitalized; and


That the disability or Level of Impairment is characterized by active behavioral health symptoms, within the preceding six month period, that significantly interfere with the individual's ability to interact interpersonally, concentrate, follow through with goals or needs, and/or adapt effectively to change.


"Services" means the personal and health care related services provided by an SLP provider pursuant to Section 146.230.


"Service Plan" means the written plan of care on the Department designated form that is developed for each resident based upon the initial assessment, annual comprehensive resident assessment or quarterly evaluation.


"Significant Change" means that there has been a decline or improvement in a resident's status that will not normally resolve itself without intervention by staff or by implementing standard disease-related clinical interventions, and the decline or improvement impacts more than one area of the resident's health status and requires revision of the Service Plan.


"SSI" means Supplemental Security Income under Title XVI of the Social Security Act.


"Subcontractor" means any person who assumes any duties and responsibilities from an SLP provider for the performance of SLP services pursuant to Section 146.230.


"Supportive Living Program" or "SLP" means a residential setting that meets the requirements of this Subpart B or, for dementia care settings, the requirements of this Subpart B and Subpart E.


(Source:  Amended at 44 Ill. Reg. 2331, effective January 15, 2020)