Rep. Lou Lang

Filed: 5/10/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 769

2    AMENDMENT NO. ______. Amend Senate Bill 769 by replacing
3everything after the enacting clause with the following:
 
4
"ARTICLE I. SHORT TITLE, PRIOR LAW, AND DEFINITIONS

 
5    Section 1-101. Short title. This Act may be cited as the
6Specialized Mental Health Rehabilitation Act.
 
7    Section 1-101.05. Prior law.
8    (a) This Act provides for licensure of long-term care
9facilities for the mentally ill under this Act instead of under
10the Nursing Home Care Act. On and after the effective date of
11this Act, those facilities shall be governed by this Act
12instead of the Nursing Home Care Act.
13    (b) If any other Act of the 97th General Assembly changes,
14adds, or repeals a provision of the Nursing Home Care Act that
15is the same as or substantially similar to a provision of this

 

 

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1Act, then that change, addition, or repeal in the Nursing Home
2Care Act shall be construed together with this Act.
3    (c) Nothing in this Act affects the validity or effect of
4any finding, decision, or action made or taken by the
5Department or the Director under the Nursing Home Care Act
6before the effective date of this Act with respect to a
7facility subject to licensure under this Act. That finding,
8decision, or action shall continue to apply to the facility on
9and after the effective date of this Act. Any finding,
10decision, or action with respect to the facility made or taken
11on or after the effective date of this Act shall be made or
12taken as provided in this Act. All court consent decrees in
13effect on or after the effective date of this Act with respect
14to facilities under the MR/DD Community Care Act or the Nursing
15Home Care Act shall apply to facilities under this Act.
 
16    Section 1-102. Definitions. For the purposes of this Act,
17unless the context otherwise requires, the terms defined in
18this Article have the meanings ascribed to them herein.
 
19    Section 1-103. Abuse. "Abuse" means any physical or mental
20injury or sexual assault inflicted on a resident other than by
21accidental means in a facility.
 
22    Section 1-104. Access. "Access" means the right to:
23        (1) Enter any facility;

 

 

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1        (2) Communicate privately and without restriction with
2    any resident who consents to the communication;
3        (3) Seek consent to communicate privately and without
4    restriction with any resident;
5        (4) Inspect the clinical and other records of a
6    resident with the express written consent of the resident;
7    or
8        (5) Observe all areas of the facility except the living
9    area of any resident who protests the observation.
 
10    Section 1-105. Administrator.     "Administrator" means a
11person who is charged with the general administration and
12supervision of a facility and licensed, if required, under the
13Nursing Home Administrators Licensing and Disciplinary Act, as
14now or hereafter amended.
 
15    Section 1-106. Affiliate. "Affiliate" means:
16        (1) With respect to a partnership, each partner
17    thereof.
18        (2) With respect to a corporation, each officer,
19    director and stockholder thereof.
20        (3) With respect to a natural person: any person
21    related in the first degree of kinship to that person; each
22    partnership and each partner thereof of which that person
23    or any affiliate of that person is a partner; and each
24    corporation in which that person or any affiliate of that

 

 

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1    person is an officer, director or stockholder.
 
2    Section 1-107. Applicant. "Applicant" means any person
3making application for a license.
 
4    Section 1-108.1. Complaint classification. "Complaint
5classification" means the Department shall categorize reports
6about conditions, care or services in a facility into one of
7three groups after an investigation:
8        (1) "An invalid report" means any report made under
9    this Act for which it is determined after an investigation
10    that no credible evidence of abuse, neglect or other
11    deficiency relating to the complaint exists;
12        (2) "A valid report" means a report made under this Act
13    if an investigation determines that some credible evidence
14    of the alleged abuse, neglect or other deficiency relating
15    to the complaint exists; and
16        (3) "An undetermined report" means a report made under
17    this Act in which it was not possible to initiate or
18    complete an investigation on the basis of information
19    provided to the Department.
 
20    Section 1-109. Department. "Department" means the
21Department of Public Health.
 
22    Section 1-110. Director. "Director" means the Director of

 

 

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1Public Health or his or her designee.
 
2    Section 1-111. Discharge. "Discharge" means the full
3release of any resident from a facility.
 
4    Section 1-112. Emergency. "Emergency" means a situation,
5physical condition or one or more practices, methods or
6operations which present imminent danger of death or serious
7physical or mental harm to residents of a facility.
 
8    Section 1-113. Facility. "Facility" means a long-term care
9facility for the mentally ill, whether operated for profit or
10not, which provides, through its ownership or management,
11personal care or nursing for 3 or more persons not related to
12the applicant or owner by blood or marriage. It includes
13facilities that meet the following criteria:
14        (i) 90% or more of the resident population of the
15    facility has a diagnosis of serious mental illness;
16        (ii) no more than 15% of the resident population of the
17    facility is 65 years of age or older;
18        (iii) none of the residents have a primary diagnosis of
19    moderate, severe, or profound mental retardation;
20        (iv) none of the residents require medical or nursing
21    care at a level higher than the intermediate nursing care
22    light level of care as defined in Subpart T of Section 300
23    of Title 77 of the Illinois Administrative Code; and

 

 

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1        (v) the facility must participate in the Department of
2    Public Aid's demonstration program relating to specialized
3    services, training, technical assistance, development and
4    use of a standardized assessment tool, data collection, and
5    admission restrictions; a facility's participation in this
6    demonstration program must be prior to January 1, 2011 in
7    order to be defined as a mental health rehabilitation
8    facility for the mentally ill under this Act.
9    "Facility" does not include the following:
10        (1) A home, institution, or other place operated by the
11    federal government or agency thereof, or by the State of
12    Illinois, other than homes, institutions, or other places
13    operated by or under the authority of the Illinois
14    Department of Veterans' Affairs;
15        (2) A hospital, sanitarium, or other institution whose
16    principal activity or business is the diagnosis, care, and
17    treatment of human illness through the maintenance and
18    operation as organized facilities therefore, which is
19    required to be licensed under the Hospital Licensing Act;
20        (3) Any "facility for child care" as defined in the
21    Child Care Act of 1969;
22        (4) Any "community living facility" as defined in the
23    Community Living Facilities Licensing Act;
24        (5) Any "community residential alternative" as defined
25    in the Community Residential Alternatives Licensing Act;
26        (6) Any nursing home or sanatorium operated solely by

 

 

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1    and for persons who rely exclusively upon treatment by
2    spiritual means through prayer, in accordance with the
3    creed or tenets of any well recognized church or religious
4    denomination. However, such nursing home or sanatorium
5    shall comply with all local laws and rules relating to
6    sanitation and safety;
7        (7) Any facility licensed by the Department of Human
8    Services as a community integrated living arrangement as
9    defined in the Community Integrated Living Arrangements
10    Licensure and Certification Act;
11        (8) Any "supportive residence" licensed under the
12    Supportive Residences Licensing Act;
13        (9) Any "supportive living facility" in good standing
14    with the program established under Section 5-5.01a of the
15    Illinois Public Aid Code, except only for purposes of the
16    employment of persons in accordance with Section 3-206.01;
17        (10) Any assisted living or shared housing
18    establishment licensed under the Assisted Living and
19    Shared Housing Act, except only for purposes of the
20    employment of persons in accordance with Section 3-206.01;
21        (11) An Alzheimer's disease management center
22    alternative health care model licensed under the
23    Alternative Health Care Delivery Act;
24        (12) A home, institution, or other place operated by or
25    under the authority of the Illinois Department of Veterans'
26    Affairs; or

 

 

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1        (13) Any facility licensed under the MR/DD Community
2    Care Act.
3        (14) Any facility licensed under the Nursing Home Care
4    Act.
 
5    Section 1-114. Guardian. "Guardian" means a person
6appointed as a guardian of the person or guardian of the
7estate, or both, of a resident under the Probate Act of 1975,
8as now or hereafter amended.
 
9    Section 1-114.005. High risk designation. "High risk
10designation" means a violation of a provision of the Illinois
11Administrative Code that has been identified by the Department
12through rulemaking to be inherently necessary to protect the
13health, safety, and welfare of a resident.
 
14    Section 1-114.01. Identified offender. "Identified
15offender" means a person who has been convicted of any felony
16offense listed in Section 25 of the Health Care Worker
17Background Check Act, is a registered sex offender, or is
18serving a term of parole, mandatory supervised release, or
19probation for a felony offense.
 
20    Section 1-114.1. Immediate family. "Immediate family"
21means the spouse, an adult child, a parent, an adult brother or
22sister, or an adult grandchild of a person.
 

 

 

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1    Section 1-115. Licensee. "Licensee" means the individual
2or entity licensed by the Department to operate the facility.
 
3    Section 1-116. Maintenance. "Maintenance" means food,
4shelter, and laundry services.
 
5    Section 1-116.5. Misappropriation of a resident's
6property. "Misappropriation of a resident's property" means
7the deliberate misplacement, exploitation, or wrongful
8temporary or permanent use of a resident's belongings or money
9without the resident's consent.
 
10    Section 1-117. Neglect. "Neglect" means a facility's
11failure to provide, or willful withholding of, adequate medical
12care, mental health treatment, psychiatric rehabilitation,
13personal care, or assistance with activities of daily living
14that is necessary to avoid physical harm, mental anguish, or
15mental illness of a resident.
 
16    Section 1-118. Nurse. "Nurse" means a registered nurse or a
17licensed practical nurse as defined in the Nurse Practice Act.
 
18    Section 1-119. Owner. "Owner" means the individual,
19partnership, corporation, association, or other person who
20owns a facility. In the event a facility is operated by a

 

 

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1person who leases the physical plant, which is owned by another
2person, "owner" means the person who operates the facility,
3except that if the person who owns the physical plant is an
4affiliate of the person who operates the facility and has
5significant control over the day to day operations of the
6facility, the person who owns the physical plant shall incur
7jointly and severally with the owner all liabilities imposed on
8an owner under this Act.
 
9    Section 1-120. Personal care. "Personal care" means
10assistance with meals, dressing, movement, bathing or other
11personal needs, maintenance, or general supervision and
12oversight of the physical and mental well-being of an
13individual, who is incapable of maintaining a private,
14independent residence or who is incapable of managing his or
15her person whether or not a guardian has been appointed for
16such individual.
 
17    Section 1-120.3. Provisional admission period.
18"Provisional admission period" means the time between the
19admission of an identified offender as defined in Section
201-114.01 and 3 days following the admitting facility's receipt
21of an Identified Offender Report and Recommendation in
22accordance with Section 2-201.6.
 
23    Section 1-120.7. Psychiatric services rehabilitation aide.

 

 

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1"Psychiatric services rehabilitation aide" means an individual
2employed by a long-term care facility to provide, for mentally
3ill residents, at a minimum, crisis intervention,
4rehabilitation, and assistance with activities of daily
5living.
 
6    Section 1-121. Reasonable hour. "Reasonable hour" means
7any time between the hours of 10 a.m. and 8 p.m. daily.
 
8    Section 1-122. Resident. "Resident" means a person
9residing in and receiving personal care, mental health
10treatment, or psychiatric rehabilitation from a facility.
 
11    Section 1-123. Resident's representative. "Resident's
12representative" means a person other than the owner, or an
13agent or employee of a facility not related to the resident,
14designated in writing by a resident to be his or her
15representative, or the resident's guardian, or the parent of a
16minor resident for whom no guardian has been appointed.
 
17    Section 1-124. "Sheltered care" means maintenance and
18personal care.
 
19    Section 1-125. Stockholder. "Stockholder" of a corporation
20means any person who, directly or indirectly, beneficially
21owns, holds or has the power to vote, at least 5% of any class

 

 

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1of securities issued by the corporation.
 
2    Section 1-125.1. Student intern. "Student intern" means
3any person whose total term of employment in any facility
4during any 12-month period is equal to or less than 90
5continuous days, and whose term of employment is either:
6        (1) an academic credit requirement in a high school or
7    undergraduate institution, or
8        (2) immediately succeeds a full quarter, semester, or
9    trimester of academic enrollment in either a high school or
10    undergraduate institution, provided that such person is
11    registered for another full quarter, semester, or
12    trimester of academic enrollment in either a high school or
13    undergraduate institution which quarter, semester, or
14    trimester shall commence immediately following the term of
15    employment.
 
16    Section 1-126. Title XVIII. "Title XVIII" means Title XVIII
17of the federal Social Security Act as now or hereafter amended.
 
18    Section 1-127. Title XIX. "Title XIX" means Title XIX of
19the federal Social Security Act as now or hereafter amended.
 
20    Section 1-128. Transfer. "Transfer" means a change in
21status of a resident's living arrangements from one facility to
22another facility.
 

 

 

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1    Section 1-129. Type 'A' violation. A "Type 'A' violation"
2means a violation of this Act or of the rules promulgated
3thereunder which creates a condition or occurrence relating to
4the operation and maintenance of a facility that (i) creates a
5substantial probability that the risk of death or serious
6mental or physical harm to a resident may result therefrom or
7(ii) has resulted in actual physical or mental harm to a
8resident.
 
9    Section 1-130. Type 'B' violation. A "Type 'B' violation"
10means a violation of this Act or of the rules promulgated
11thereunder which creates a condition or occurrence relating to
12the operation and maintenance of a facility directly
13threatening to the health, safety, or welfare of a resident.
 
14
ARTICLE II. RIGHTS AND RESPONSIBILITIES

 
15
PART 1. RESIDENT RIGHTS

 
16    Section 2-101. Constitutional and legal rights. No
17resident shall be deprived of any rights, benefits, or
18privileges guaranteed by law, the Constitution of the State of
19Illinois, or the Constitution of the United States solely on
20account of his or her status as a resident of a facility.
 

 

 

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1    Section 2-101.1. Spousal impoverishment. All new residents
2and their spouses shall be informed on admittance of their
3spousal impoverishment rights as defined at Section 5-4 of the
4Illinois Public Aid Code, as now or hereafter amended and at
5Section 303 of Title III of the Medicare Catastrophic Coverage
6Act of 1988 (P.L. 100 360).
 
7    Section 2-102. Financial affairs. A resident shall be
8permitted to manage his or her own financial affairs unless he
9or she or his or her guardian or if the resident is a minor, his
10or her parent, authorizes the administrator of the facility in
11writing to manage such resident's financial affairs under
12Section 2-201 of this Act.
 
13    Section 2-103. Personal property. A resident shall be
14permitted to retain and use or wear his or her personal
15property in his or her immediate living quarters, unless deemed
16medically inappropriate by a physician and so documented in the
17resident's clinical record. If clothing is provided to the
18resident by the facility, it shall be of a proper fit.
19    The facility shall provide adequate storage space for the
20personal property of the resident. The facility shall provide a
21means of safeguarding small items of value for its residents in
22their rooms or in any other part of the facility so long as the
23residents have daily access to such valuables. The facility
24shall make reasonable efforts to prevent loss and theft of

 

 

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1residents' property. Those efforts shall be appropriate to the
2particular facility and may include, but are not limited to,
3staff training and monitoring, labeling property, and frequent
4property inventories. The facility shall develop procedures
5for investigating complaints concerning theft of residents'
6property and shall promptly investigate all such complaints.
 
7    Section 2-104. Medical treatment; records.
8    (a) A resident shall be permitted to retain the services of
9his or her own personal physician at his or her own expense or
10under an individual or group plan of health insurance, or under
11any public or private assistance program providing such
12coverage. However, the facility is not liable for the
13negligence of any such personal physician. Every resident shall
14be permitted to obtain from his or her own physician or the
15physician attached to the facility complete and current
16information concerning his or her medical diagnosis, treatment
17and prognosis in terms and language the resident can reasonably
18be expected to understand. Every resident shall be permitted to
19participate in the planning of his or her total care and
20medical treatment to the extent that his or her condition
21permits. No resident shall be subjected to experimental
22research or treatment without first obtaining his or her
23informed, written consent. The conduct of any experimental
24research or treatment shall be authorized and monitored by an
25institutional review board appointed by the Director. The

 

 

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1membership, operating procedures, and review criteria for the
2institutional review board shall be prescribed under rules and
3regulations of the Department and shall comply with the
4requirements for institutional review boards established by
5the federal Food and Drug Administration. No person who has
6received compensation in the prior 3 years from an entity that
7manufactures, distributes, or sells pharmaceuticals,
8biologics, or medical devices may serve on the institutional
9review board.
10    The institutional review board may approve only research or
11treatment that meets the standards of the federal Food and Drug
12Administration with respect to (i) the protection of human
13subjects and (ii) financial disclosure by clinical
14investigators. The Office of State Long Term Care Ombudsman and
15the State Protection and Advocacy organization shall be given
16an opportunity to comment on any request for approval before
17the board makes a decision. Those entities shall not be
18provided information that would allow a potential human subject
19to be individually identified, unless the board asks the
20Ombudsman for help in securing information from or about the
21resident. The board shall require frequent reporting of the
22progress of the approved research or treatment and its impact
23on residents, including immediate reporting of any adverse
24impact to the resident, the resident's representative, the
25Office of the State Long Term Care Ombudsman, and the State
26Protection and Advocacy organization. The board may not approve

 

 

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1any retrospective study of the records of any resident about
2the safety or efficacy of any care or treatment if the resident
3was under the care of the proposed researcher or a business
4associate when the care or treatment was given, unless the
5study is under the control of a researcher without any business
6relationship to any person or entity who could benefit from the
7findings of the study.
8    No facility shall permit experimental research or
9treatment to be conducted on a resident, or give access to any
10person or person's records for a retrospective study about the
11safety or efficacy of any care or treatment, without the prior
12written approval of the institutional review board. No nursing
13home administrator, or person licensed by the State to provide
14medical care or treatment to any person, may assist or
15participate in any experimental research on or treatment of a
16resident, including a retrospective study, that does not have
17the prior written approval of the board. Such conduct shall be
18grounds for professional discipline by the Department of
19Financial and Professional Regulation.
20    The institutional review board may exempt from ongoing
21review research or treatment initiated on a resident before the
22individual's admission to a facility and for which the board
23determines there is adequate ongoing oversight by another
24institutional review board. Nothing in this Section shall
25prevent a facility, any facility employee, or any other person
26from assisting or participating in any experimental research on

 

 

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1or treatment of a resident, if the research or treatment began
2before the person's admission to a facility, until the board
3has reviewed the research or treatment and decided to grant or
4deny approval or to exempt the research or treatment from
5ongoing review.
6    (b) All medical treatment and procedures shall be
7administered as ordered by a physician. All new physician
8orders shall be reviewed by the facility's director of nursing
9or charge nurse designee within 24 hours after such orders have
10been issued to assure facility compliance with such orders.
11    According to rules adopted by the Department, every woman
12resident of child bearing age shall receive routine obstetrical
13and gynecological evaluations as well as necessary prenatal
14care.
15    (c) Every resident shall be permitted to refuse medical
16treatment and to know the consequences of such action, unless
17such refusal would be harmful to the health and safety of
18others and such harm is documented by a physician in the
19resident's clinical record. The resident's refusal shall free
20the facility from the obligation to provide the treatment.
21    (d) Every resident, resident's guardian, or parent if the
22resident is a minor shall be permitted to inspect and copy all
23his or her clinical and other records concerning his or her
24care and maintenance kept by the facility or by his or her
25physician. The facility may charge a reasonable fee for
26duplication of a record.
 

 

 

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1    Section 2-104.1. Transfer of facility ownership after
2license suspension or revocation. Whenever ownership of a
3private facility is transferred to another private owner
4following a final order for a suspension or revocation of the
5facility's license, the new owner, if the Department so
6determines, shall thoroughly evaluate the condition and needs
7of each resident as if each resident were being newly admitted
8to the facility. The evaluation shall include a review of the
9medical record and the conduct of a physical examination of
10each resident which shall be performed within 30 days after the
11transfer of ownership.
 
12    Section 2-104.2. Do-Not-Resuscitate Orders.
13    (a) Every facility licensed under this Act shall establish
14a policy for the implementation of physician orders limiting
15resuscitation such as those commonly referred to as
16"Do-Not-Resuscitate" orders. This policy may only prescribe
17the format, method of documentation and duration of any
18physician orders limiting resuscitation. Any orders under this
19policy shall be honored by the facility. The Department of
20Public Health Uniform DNR Advance Directive or a copy of that
21Advance Directive shall be honored by the facility.
22    (b) Within 30 days after admission, new residents who do
23not have a guardian of the person or an executed power of
24attorney for health care shall be provided with written notice,

 

 

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1in a form and manner provided by rule of the Department, of
2their right to provide the name of one or more potential health
3care surrogates that a treating physician should consider in
4selecting a surrogate to act on the resident's behalf should
5the resident lose decision-making capacity. The notice shall
6include a form of declaration that may be utilized by the
7resident to identify potential health care surrogates or by the
8facility to document any inability or refusal to make such a
9declaration. A signed copy of the resident's declaration of a
10potential health care surrogate or decision to decline to make
11such a declaration, or documentation by the facility of the
12resident's inability to make such a declaration, shall be
13placed in the resident's clinical record and shall satisfy the
14facility's obligation under this Section. Such a declaration
15shall be used only for informational purposes in the selection
16of a surrogate pursuant to the Health Care Surrogate Act. A
17facility that complies with this Section is not liable to any
18healthcare provider, resident, or resident's representative or
19any other person relating to the identification or selection of
20a surrogate or potential health care surrogate.
 
21    Section 2-104.3. Serious mental illness; rescreening. All
22persons admitted to a nursing home facility with a diagnosis of
23serious mental illness who remain in the facility for a period
24of 90 days shall be re-screened by the Department of Human
25Services or its designee at the end of the 90-day period, at 6

 

 

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1months, and annually thereafter to assess their continuing need
2for nursing facility care and shall be advised of all other
3available care options.
 
4    Section 2-105. Privacy. A resident shall be permitted
5respect and privacy in his or her medical and personal care
6program. Every resident's case discussion, consultation,
7examination and treatment shall be confidential and shall be
8conducted discreetly, and those persons not directly involved
9in the resident's care must have the resident's permission to
10be present.
 
11    Section 2-106. Restraints and confinements.
12    (a) For purposes of this Act:
13        (i) A physical restraint is any manual method or
14    physical or mechanical device, material, or equipment
15    attached or adjacent to a resident's body that the resident
16    cannot remove easily and restricts freedom of movement or
17    normal access to one's body. Devices used for positioning,
18    including but not limited to bed rails, gait belts, and
19    cushions, shall not be considered to be restraints for
20    purposes of this Section.
21        (ii) A chemical restraint is any drug used for
22    discipline or convenience and not required to treat medical
23    symptoms. The Department shall by rule, designate certain
24    devices as restraints, including at least all those devices

 

 

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1    which have been determined to be restraints by the United
2    States Department of Health and Human Services in
3    interpretive guidelines issued for the purposes of
4    administering Titles XVIII and XIX of the Social Security
5    Act.
6    (b) Neither restraints nor confinements shall be employed
7for the purpose of punishment or for the convenience of any
8facility personnel. No restraints or confinements shall be
9employed except as ordered by a physician who documents the
10need for such restraints or confinements in the resident's
11clinical record. Each facility licensed under this Act must
12have a written policy to address the use of restraints and
13seclusion. The Department shall establish by rule the
14provisions that the policy must include, which, to the extent
15practicable, should be consistent with the requirements for
16participation in the federal Medicare program. Each policy
17shall include periodic review of the use of restraints.
18    (c) A restraint may be used only with the informed consent
19of the resident, the resident's guardian, or other authorized
20representative. A restraint may be used only for specific
21periods, if it is the least restrictive means necessary to
22attain and maintain the resident's highest practicable
23physical, mental or psychosocial well being, including brief
24periods of time to provide necessary life saving treatment. A
25restraint may be used only after consultation with appropriate
26health professionals, such as occupational or physical

 

 

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1therapists, and a trial of less restrictive measures has led to
2the determination that the use of less restrictive measures
3would not attain or maintain the resident's highest practicable
4physical, mental or psychosocial well being. However, if the
5resident needs emergency care, restraints may be used for brief
6periods to permit medical treatment to proceed unless the
7facility has notice that the resident has previously made a
8valid refusal of the treatment in question.
9    (d) A restraint may be applied only by a person trained in
10the application of the particular type of restraint.
11    (e) Whenever a period of use of a restraint is initiated,
12the resident shall be advised of his or her right to have a
13person or organization of his or her choosing, including the
14Guardianship and Advocacy Commission, notified of the use of
15the restraint. A recipient who is under guardianship may
16request that a person or organization of his or her choosing be
17notified of the restraint, whether or not the guardian approves
18the notice. If the resident so chooses, the facility shall make
19the notification within 24 hours, including any information
20about the period of time that the restraint is to be used.
21Whenever the Guardianship and Advocacy Commission is notified
22that a resident has been restrained, it shall contact the
23resident to determine the circumstances of the restraint and
24whether further action is warranted.
25    (f) Whenever a restraint is used on a resident whose
26primary mode of communication is sign language, the resident

 

 

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1shall be permitted to have his or her hands free from restraint
2for brief periods each hour, except when this freedom may
3result in physical harm to the resident or others.
4    (g) The requirements of this Section are intended to
5control in any conflict with the requirements of Sections 1-126
6and 2-108 of the Mental Health and Developmental Disabilities
7Code.
 
8    Section 2-106.1. Drug treatment.
9    (a) A resident shall not be given unnecessary drugs. An
10unnecessary drug is any drug used in an excessive dose,
11including in duplicative therapy; for excessive duration;
12without adequate monitoring; without adequate indications for
13its use; or in the presence of adverse consequences that
14indicate the drug should be reduced or discontinued. The
15Department shall adopt, by rule, the standards for unnecessary
16drugs contained in interpretive guidelines issued by the United
17States Department of Health and Human Services for the purposes
18of administering Titles XVIII and XIX of the Social Security
19Act.
20    (b) Psychotropic medication shall not be prescribed
21without the informed consent of the resident, the resident's
22guardian, or other authorized representative. "Psychotropic
23medication" means medication that is used for or listed as used
24for antipsychotic, antidepressant, antimanic, or antianxiety
25behavior modification or behavior management purposes in the

 

 

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1latest editions of the AMA Drug Evaluations or the Physician's
2Desk Reference. The Department shall adopt, by rule, a protocol
3specifying how informed consent for psychotropic medication
4may be obtained or refused. The protocol shall require, at a
5minimum, a discussion between (i) the resident or the
6resident's authorized representative and (ii) the resident's
7physician, a registered pharmacist (who is not a dispensing
8pharmacist for the facility where the resident lives), or a
9licensed nurse about the possible risks and benefits of a
10recommended medication and the use of standardized consent
11forms designated by the Department. Each form developed by the
12Department (i) shall be written in plain language, (ii) shall
13be able to be downloaded from the Department's official
14website, (iii) shall include information specific to the
15psychotropic medication for which consent is being sought, and
16(iv) shall be used for every resident for whom psychotropic
17drugs are prescribed. In addition to creating those forms, the
18Department shall approve the use of any other informed consent
19forms that meet criteria developed by the Department.
20    In addition to any other penalty prescribed by law, a
21facility that is found to have violated this subsection, or the
22federal certification requirement that informed consent be
23obtained before administering a psychotropic medication, shall
24thereafter be required to obtain the signatures of 2 licensed
25health care professionals on every form purporting to give
26informed consent for the administration of a psychotropic

 

 

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1medication, certifying the personal knowledge of each health
2care professional that the consent was obtained in compliance
3with the requirements of this subsection.
4    (c) The requirements of this Section are intended to
5control in a conflict with the requirements of Sections 2-102
6and 2-107.2 of the Mental Health and Developmental Disabilities
7Code with respect to the administration of psychotropic
8medication.
 
9    Section 2-106.2 Resident identification wristlet. No
10identification wristlets shall be employed except as ordered by
11a physician who documents the need for such mandatory
12identification in the resident's clinical record. When
13identification bracelets are required, they must identify the
14resident's name, and the name and address of the facility
15issuing the identification wristlet.
 
16    Section 2-107. Abuse or neglect; duty to report. An owner,
17licensee, administrator, employee or agent of a facility shall
18not abuse or neglect a resident. It is the duty of any facility
19employee or agent who becomes aware of such abuse or neglect to
20report it as provided in the Abused and Neglected Long Term
21Care Facility Residents Reporting Act.
 
22    Section 2-108. Communications; visits; married residents.
23Every resident shall be permitted unimpeded, private, and

 

 

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1uncensored communication of his or her choice by mail, public
2telephone, or visitation.
3    (a) The administrator shall ensure that correspondence is
4conveniently received and mailed, and that telephones are
5reasonably accessible.
6    (b) The administrator shall ensure that residents may have
7private visits at any reasonable hour unless such visits are
8not medically advisable for the resident as documented in the
9resident's clinical record by the resident's physician.
10    (c) The administrator shall ensure that space for visits is
11available and that facility personnel knock, except in an
12emergency, before entering any resident's room.
13    (d) Unimpeded, private, and uncensored communication by
14mail, public telephone, and visitation may be reasonably
15restricted by a physician only in order to protect the resident
16or others from harm, harassment, or intimidation, provided that
17the reason for any such restriction is placed in the resident's
18clinical record by the physician and that notice of such
19restriction shall be given to all residents upon admission.
20However, all letters addressed by a resident to the Governor,
21members of the General Assembly, Attorney General, judges,
22state's attorneys, officers of the Department, or licensed
23attorneys at law shall be forwarded at once to the persons to
24whom they are addressed without examination by facility
25personnel. Letters in reply from the officials and attorneys
26mentioned above shall be delivered to the recipient without

 

 

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1examination by facility personnel.
2    (e) The administrator shall ensure that married residents
3residing in the same facility be allowed to reside in the same
4room within the facility unless there is no room available in
5the facility or it is deemed medically inadvisable by the
6residents' attending physician and so documented in the
7residents' medical records.
 
8    Section 2-109. Religion. A resident shall be permitted the
9free exercise of religion. Upon a resident's request, and if
10necessary at the resident's expense, the administrator shall
11make arrangements for a resident's attendance at religious
12services of the resident's choice. However, no religious
13beliefs or practices, or attendance at religious services, may
14be imposed upon any resident.
 
15    Section 2-110. Access to residents.
16    (a) Any employee or agent of a public agency, any
17representative of a community legal services program or any
18other member of the general public shall be permitted access at
19reasonable hours to any individual resident of any facility,
20but only if there is neither a commercial purpose nor effect to
21such access and if the purpose is to do any of the following:
22        (1) Visit, talk with and make personal, social and
23    legal services available to all residents;
24        (2) Inform residents of their rights and entitlements

 

 

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1    and their corresponding obligations, under federal and
2    State laws, by means of educational materials and
3    discussions in groups and with individual residents;
4        (3) Assist residents in asserting their legal rights
5    regarding claims for public assistance, medical assistance
6    and social security benefits, as well as in all other
7    matters in which residents are aggrieved. Assistance may
8    include counseling and litigation; or
9        (4) Engage in other methods of asserting, advising and
10    representing residents so as to extend to them full
11    enjoyment of their rights.
12    (a-5) If a resident of a licensed facility is an identified
13offender, any federal, State, or local law enforcement officer
14or county probation officer shall be permitted reasonable
15access to the individual resident to verify compliance with the
16requirements of the Sex Offender Registration Act or to verify
17compliance with applicable terms of probation, parole, or
18mandatory supervised release.
19    (b) All persons entering a facility under this Section
20shall promptly notify appropriate facility personnel of their
21presence. They shall, upon request, produce identification to
22establish their identity. No such person shall enter the
23immediate living area of any resident without first identifying
24himself or herself and then receiving permission from the
25resident to enter. The rights of other residents present in the
26room shall be respected. A resident may terminate at any time a

 

 

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1visit by a person having access to the resident's living area
2under this Section.
3    (c) This Section shall not limit the power of the
4Department or other public agency otherwise permitted or
5required by law to enter and inspect a facility.
6    (d) Notwithstanding paragraph (a) of this Section, the
7administrator of a facility may refuse access to the facility
8to any person if the presence of that person in the facility
9would be injurious to the health and safety of a resident or
10would threaten the security of the property of a resident or
11the facility, or if the person seeks access to the facility for
12commercial purposes. Any person refused access to a facility
13may within 10 days request a hearing under Section 3-703. In
14that proceeding, the burden of proof as to the right of the
15facility to refuse access under this Section shall be on the
16facility.
 
17    Section 2-111. Discharge. A resident may be discharged from
18a facility after he or she gives the administrator, a
19physician, or a nurse of the facility written notice of his or
20her desire to be discharged. If a guardian has been appointed
21for a resident or if the resident is a minor, the resident
22shall be discharged upon written consent of his or her guardian
23or if the resident is a minor, his or her parent unless there
24is a court order to the contrary. In such cases, upon the
25resident's discharge, the facility is relieved from any

 

 

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1responsibility for the resident's care, safety or well being.
 
2    Section 2-112. Grievances. A resident shall be permitted to
3present grievances on behalf of himself or herself or others to
4the administrator, the residents' advisory council, State
5governmental agencies or other persons without threat of
6discharge or reprisal in any form or manner whatsoever. The
7administrator shall provide all residents or their
8representatives with the name, address, and telephone number of
9the appropriate State governmental office where complaints may
10be lodged.
 
11    Section 2-113. Labor. A resident may refuse to perform
12labor for a facility.
 
13    Section 2-114. Unlawful discrimination. No resident shall
14be subjected to unlawful discrimination as defined in Section
151-103 of the Illinois Human Rights Act by any owner, licensee,
16administrator, employee, or agent of a facility. Unlawful
17discrimination does not include an action by any owner,
18licensee, administrator, employee, or agent of a facility that
19is required by this Act or rules adopted under this Act.
 
20
PART 2. RESPONSIBILITIES

 
21    Section 2-201. Residents' funds. To protect the residents'

 

 

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1funds, the facility:
2    (1) Shall at the time of admission provide, in order of
3priority, each resident, or the resident's guardian, if any, or
4the resident's representative, if any, or the resident's
5immediate family member, if any, with a written statement
6explaining to the resident and to the resident's spouse (a)
7their spousal impoverishment rights, as defined at Section 5-4
8of the Illinois Public Aid Code, and at Section 303 of Title
9III of the Medicare Catastrophic Coverage Act of 1988 (P.L. 100
10360), and (b) the resident's rights regarding personal funds
11and listing the services for which the resident will be
12charged. The facility shall obtain a signed acknowledgment from
13each resident or the resident's guardian, if any, or the
14resident's representative, if any, or the resident's immediate
15family member, if any, that such person has received the
16statement.
17    (2) May accept funds from a resident for safekeeping and
18managing, if it receives written authorization from, in order
19of priority, the resident or the resident's guardian, if any,
20or the resident's representative, if any, or the resident's
21immediate family member, if any; such authorization shall be
22attested to by a witness who has no pecuniary interest in the
23facility or its operations, and who is not connected in any way
24to facility personnel or the administrator in any manner
25whatsoever.
26    (3) Shall maintain and allow, in order of priority, each

 

 

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1resident or the resident's guardian, if any, or the resident's
2representative, if any, or the resident's immediate family
3member, if any, access to a written record of all financial
4arrangements and transactions involving the individual
5resident's funds.
6    (4) Shall provide, in order of priority, each resident, or
7the resident's guardian, if any, or the resident's
8representative, if any, or the resident's immediate family
9member, if any, with a written itemized statement at least
10quarterly, of all financial transactions involving the
11resident's funds.
12    (5) Shall purchase a surety bond, or otherwise provide
13assurance satisfactory to the Departments of Public Health and
14Financial and Professional Regulation that all residents'
15personal funds deposited with the facility are secure against
16loss, theft, and insolvency.
17    (6) Shall keep any funds received from a resident for
18safekeeping in an account separate from the facility's funds,
19and shall at no time withdraw any part or all of such funds for
20any purpose other than to return the funds to the resident upon
21the request of the resident or any other person entitled to
22make such request, to pay the resident his or her allowance, or
23to make any other payment authorized by the resident or any
24other person entitled to make such authorization.
25    (7) Shall deposit any funds received from a resident in
26excess of $100 in an interest bearing account insured by

 

 

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1agencies of, or corporations chartered by, the State or federal
2government. The account shall be in a form which clearly
3indicates that the facility has only a fiduciary interest in
4the funds and any interest from the account shall accrue to the
5resident. The facility may keep up to $100 of a resident's
6money in a non-interest-bearing account or petty cash fund, to
7be readily available for the resident's current expenditures.
8    (8) Shall return to the resident, or the person who
9executed the written authorization required in subsection (2)
10of this Section, upon written request, all or any part of the
11resident's funds given the facility for safekeeping, including
12the interest accrued from deposits.
13    (9) Shall (a) place any monthly allowance to which a
14resident is entitled in that resident's personal account, or
15give it to the resident, unless the facility has written
16authorization from the resident or the resident's guardian or
17if the resident is a minor, his parent, to handle it
18differently, (b) take all steps necessary to ensure that a
19personal needs allowance that is placed in a resident's
20personal account is used exclusively by the resident or for the
21benefit of the resident, and (c) where such funds are withdrawn
22from the resident's personal account by any person other than
23the resident, require such person to whom funds constituting
24any part of a resident's personal needs allowance are released,
25to execute an affidavit that such funds shall be used
26exclusively for the benefit of the resident.

 

 

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1    (10) Unless otherwise provided by State law, upon the death
2of a resident, shall provide the executor or administrator of
3the resident's estate with a complete accounting of all the
4resident's personal property, including any funds of the
5resident being held by the facility.
6    (11) If an adult resident is incapable of managing his or
7her funds and does not have a resident's representative,
8guardian, or an immediate family member, shall notify the
9Office of the State Guardian of the Guardianship and Advocacy
10Commission.
11    (12) If the facility is sold, shall provide the buyer with
12a written verification by a public accountant of all residents'
13monies and properties being transferred, and obtain a signed
14receipt from the new owner.
 
15    Section 2-201.5. Screening prior to admission.
16    (a) All persons age 18 or older seeking admission to a
17nursing facility must be screened to determine the need for
18nursing facility services prior to being admitted, regardless
19of income, assets, or funding source. In addition, any person
20who seeks to become eligible for medical assistance from the
21Medical Assistance Program under the Illinois Public Aid Code
22to pay for long term care services while residing in a facility
23must be screened prior to receiving those benefits. Screening
24for nursing facility services shall be administered through
25procedures established by administrative rule. Screening may

 

 

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1be done by agencies other than the Department as established by
2administrative rule. This Section applies on and after July 1,
31996. No later than October 1, 2011, the Department of
4Healthcare and Family Services, in collaboration with the
5Department on Aging, the Department of Human Services, and the
6Department of Public Health, shall file administrative rules
7providing for the gathering, during the screening process, of
8information relevant to determining each person's potential
9for placing other residents, employees, and visitors at risk of
10harm.
11    (a-1) Any screening performed pursuant to subsection (a) of
12this Section shall include a determination of whether any
13person is being considered for admission to a nursing facility
14due to a need for mental health services. For a person who
15needs mental health services, the screening shall also include
16an evaluation of whether there is permanent supportive housing,
17or an array of community mental health services, including but
18not limited to supported housing, assertive community
19treatment, and peer support services, that would enable the
20person to live in the community. The person shall be told about
21the existence of any such services that would enable the person
22to live safely and humanely and about available appropriate
23nursing home services that would enable the person to live
24safely and humanely, and the person shall be given the
25assistance necessary to avail himself or herself of any
26available services.

 

 

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1    (a-2) Pre-screening for persons with a serious mental
2illness shall be performed by a psychiatrist, a psychologist, a
3registered nurse certified in psychiatric nursing, a licensed
4clinical professional counselor, or a licensed clinical social
5worker, who is competent to (i) perform a clinical assessment
6of the individual, (ii) certify a diagnosis, (iii) make a
7determination about the individual's current need for
8treatment, including substance abuse treatment, and recommend
9specific treatment, and (iv) determine whether a facility or a
10community-based program is able to meet the needs of the
11individual.
12    For any person entering a nursing facility, the
13pre-screening agent shall make specific recommendations about
14what care and services the individual needs to receive,
15beginning at admission, to attain or maintain the individual's
16highest level of independent functioning and to live in the
17most integrated setting appropriate for his or her physical and
18personal care and developmental and mental health needs. These
19recommendations shall be revised as appropriate by the
20pre-screening or re-screening agent based on the results of
21resident review and in response to changes in the resident's
22wishes, needs, and interest in transition.
23    Upon the person entering the nursing facility, the
24Department of Human Services or its designee shall assist the
25person in establishing a relationship with a community mental
26health agency or other appropriate agencies in order to (i)

 

 

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1promote the person's transition to independent living and (ii)
2support the person's progress in meeting individual goals.
3    (a-3) The Department of Human Services, by rule, shall
4provide for a prohibition on conflicts of interest for
5pre-admission screeners. The rule shall provide for waiver of
6those conflicts by the Department of Human Services if the
7Department of Human Services determines that a scarcity of
8qualified pre-admission screeners exists in a given community
9and that, absent a waiver of conflicts, an insufficient number
10of pre-admission screeners would be available. If a conflict is
11waived, the pre-admission screener shall disclose the conflict
12of interest to the screened individual in the manner provided
13for by rule of the Department of Human Services. For the
14purposes of this subsection, a "conflict of interest" includes,
15but is not limited to, the existence of a professional or
16financial relationship between (i) a PAS-MH corporate or a
17PAS-MH agent and (ii) a community provider or long-term care
18facility.
19    (b) In addition to the screening required by subsection
20(a), a facility, except for those licensed as long term care
21for under age 22 facilities, shall, within 24 hours after
22admission, request a criminal history background check
23pursuant to the Uniform Conviction Information Act for all
24persons age 18 or older seeking admission to the facility,
25unless a background check was initiated by a hospital pursuant
26to subsection (d) of Section 6.09 of the Hospital Licensing

 

 

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1Act. Background checks conducted pursuant to this Section shall
2be based on the resident's name, date of birth, and other
3identifiers as required by the Department of State Police. If
4the results of the background check are inconclusive, the
5facility shall initiate a fingerprint-based check, unless the
6fingerprint check is waived by the Director of Public Health
7based on verification by the facility that the resident is
8completely immobile or that the resident meets other criteria
9related to the resident's health or lack of potential risk
10which may be established by Departmental rule. A waiver issued
11pursuant to this Section shall be valid only while the resident
12is immobile or while the criteria supporting the waiver exist.
13The facility shall provide for or arrange for any required
14fingerprint-based checks to be taken on the premises of the
15facility. If a fingerprint-based check is required, the
16facility shall arrange for it to be conducted in a manner that
17is respectful of the resident's dignity and that minimizes any
18emotional or physical hardship to the resident.
19    (c) If the results of a resident's criminal history
20background check reveal that the resident is an identified
21offender as defined in Section 1-114.01, the facility shall do
22the following:
23        (1) Immediately notify the Department of State Police,
24    in the form and manner required by the Department of State
25    Police, in collaboration with the Department of Public
26    Health, that the resident is an identified offender.

 

 

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1        (2) Within 72 hours, arrange for a fingerprint-based
2    criminal history record inquiry to be requested on the
3    identified offender resident. The inquiry shall be based on
4    the subject's name, sex, race, date of birth, fingerprint
5    images, and other identifiers required by the Department of
6    State Police. The inquiry shall be processed through the
7    files of the Department of State Police and the Federal
8    Bureau of Investigation to locate any criminal history
9    record information that may exist regarding the subject.
10    The Federal Bureau of Investigation shall furnish to the
11    Department of State Police, pursuant to an inquiry under
12    this paragraph (2), any criminal history record
13    information contained in its files.
14    The facility shall comply with all applicable provisions
15contained in the Uniform Conviction Information Act.
16    All name-based and fingerprint-based criminal history
17record inquiries shall be submitted to the Department of State
18Police electronically in the form and manner prescribed by the
19Department of State Police. The Department of State Police may
20charge the facility a fee for processing name-based and
21fingerprint-based criminal history record inquiries. The fee
22shall be deposited into the State Police Services Fund. The fee
23shall not exceed the actual cost of processing the inquiry.
24    (d) (Blank).
25    (e) The Department shall develop and maintain a
26de-identified database of residents who have injured facility

 

 

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1staff, facility visitors, or other residents, and the attendant
2circumstances, solely for the purposes of evaluating and
3improving resident pre-screening and assessment procedures
4(including the Criminal History Report prepared under Section
52-201.6) and the adequacy of Department requirements
6concerning the provision of care and services to residents. A
7resident shall not be listed in the database until a Department
8survey confirms the accuracy of the listing. The names of
9persons listed in the database and information that would allow
10them to be individually identified shall not be made public.
11Neither the Department nor any other agency of State government
12may use information in the database to take any action against
13any individual, licensee, or other entity, unless the
14Department or agency receives the information independent of
15this subsection (e). All information collected, maintained, or
16developed under the authority of this subsection (e) for the
17purposes of the database maintained under this subsection (e)
18shall be treated in the same manner as information that is
19subject to Part 21 of Article VIII of the Code of Civil
20Procedure.
 
21    Section 2-201.6. Criminal History Report.
22    (a) The Department of State Police shall prepare a Criminal
23History Report when it receives information, through the
24criminal history background check required pursuant to
25subsection (d) of Section 6.09 of the Hospital Licensing Act or

 

 

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1subsection (c) of Section 2-201.5, or through any other means,
2that a resident of a facility is an identified offender.
3    (b) The Department of State Police shall complete the
4Criminal History Report within 10 business days after receiving
5information under subsection (a) that a resident is an
6identified offender.
7    (c) The Criminal History Report shall include, but not be
8limited to, the following:
9        (1) (Blank).
10        (2) (Blank).
11        (3) (Blank).
12        (3.5) Copies of the identified offender's parole,
13    mandatory supervised release, or probation orders.
14        (4) An interview with the identified offender.
15        (5) (Blank).
16        (6) A detailed summary of the entire criminal history
17    of the offender, including arrests, convictions, and the
18    date of the identified offender's last conviction relative
19    to the date of admission to a long-term care facility.
20        (7) If the identified offender is a convicted or
21    registered sex offender, a review of any and all sex
22    offender evaluations conducted on that offender. If there
23    is no sex offender evaluation available, the Department of
24    State Police shall arrange, through the Department of
25    Public Health, for a sex offender evaluation to be
26    conducted on the identified offender. If the convicted or

 

 

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1    registered sex offender is under supervision by the
2    Illinois Department of Corrections or a county probation
3    department, the sex offender evaluation shall be arranged
4    by and at the expense of the supervising agency. All
5    evaluations conducted on convicted or registered sex
6    offenders under this Act shall be conducted by sex offender
7    evaluators approved by the Sex Offender Management Board.
8    (d) The Department of State Police shall provide the
9Criminal History Report to a licensed forensic psychologist.
10After (i) consideration of the Criminal History Report, (ii)
11consultation with the facility administrator or the facility
12medical director, or both, regarding the mental and physical
13condition of the identified offender, and (iii) reviewing the
14facility's file on the identified offender, including all
15incident reports, all information regarding medication and
16medication compliance, and all information regarding previous
17discharges or transfers from other facilities, the licensed
18forensic psychologist shall prepare an Identified Offender
19Report and Recommendation. The Identified Offender Report and
20Recommendation shall detail whether and to what extent the
21identified offender's criminal history necessitates the
22implementation of security measures within the long-term care
23facility. If the identified offender is a convicted or
24registered sex offender or if the Identified Offender Report
25and Recommendation reveals that the identified offender poses a
26significant risk of harm to others within the facility, the

 

 

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1offender shall be required to have his or her own room within
2the facility.
3    (e) The licensed forensic psychologist shall complete the
4Identified Offender Report and Recommendation within 14
5business days after receiving the Criminal History Report and
6shall promptly provide the Identified Offender Report and
7Recommendation to the Department of State Police, which shall
8provide the Identified Offender Report and Recommendation to
9the following:
10        (1) The long-term care facility within which the
11    identified offender resides.
12        (2) The Chief of Police of the municipality in which
13    the facility is located.
14        (3) The State of Illinois Long Term Care Ombudsman.
15        (4) The Department of Public Health.
16    (e-5) The Department of Public Health shall keep a
17continuing record of all residents determined to be identified
18offenders as defined in Section 1-114.01 and shall report the
19number of identified offender residents annually to the General
20Assembly.
21    (f) The facility shall incorporate the Identified Offender
22Report and Recommendation into the identified offender's care
23plan created pursuant to 42 CFR 483.20.
24    (g) If, based on the Identified Offender Report and
25Recommendation, a facility determines that it cannot manage the
26identified offender resident safely within the facility, it

 

 

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1shall commence involuntary transfer or discharge proceedings
2pursuant to Section 3-402.
3    (h) Except for willful and wanton misconduct, any person
4authorized to participate in the development of a Criminal
5History Report or Identified Offender Report and
6Recommendation is immune from criminal or civil liability for
7any acts or omissions as the result of his or her good faith
8effort to comply with this Section.
 
9    Section 2-202. Contract required.
10    (a) Before a person is admitted to a facility, or at the
11expiration of the period of previous contract, or when the
12source of payment for the resident's care changes from private
13to public funds or from public to private funds, a written
14contract shall be executed between a licensee and the following
15in order of priority:
16        (1) the person, or if the person is a minor, his parent
17    or guardian; or
18        (2) the person's guardian, if any, or agent, if any, as
19    defined in Section 2-3 of the Illinois Power of Attorney
20    Act; or
21        (3) a member of the person's immediate family.
22    An adult person shall be presumed to have the capacity to
23contract for admission to a long term care facility unless he
24or she has been adjudicated a "disabled person" within the
25meaning of Section 11a-2 of the Probate Act of 1975, or unless

 

 

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1a petition for such an adjudication is pending in a circuit
2court of Illinois.
3    If there is no guardian, agent or member of the person's
4immediate family available, able or willing to execute the
5contract required by this Section and a physician determines
6that a person is so disabled as to be unable to consent to
7placement in a facility, or if a person has already been found
8to be a "disabled person", but no order has been entered
9allowing residential placement of the person, that person may
10be admitted to a facility before the execution of a contract
11required by this Section; provided that a petition for
12guardianship or for modification of guardianship is filed
13within 15 days of the person's admission to a facility, and
14provided further that such a contract is executed within 10
15days of the disposition of the petition.
16    No adult shall be admitted to a facility if he or she
17objects, orally or in writing, to such admission, except as
18otherwise provided in Chapters III and IV of the Mental Health
19and Developmental Disabilities Code or Section 11a-14.1 of the
20Probate Act of 1975.
21    Before a licensee enters a contract under this Section, it
22shall provide the prospective resident and his or her guardian,
23if any, with written notice of the licensee's policy regarding
24discharge of a resident whose private funds for payment of care
25are exhausted.
26    (b) A resident shall not be discharged or transferred at

 

 

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1the expiration of the term of a contract, except as provided in
2Sections 3-401 through 3-423.
3    (c) At the time of the resident's admission to the
4facility, a copy of the contract shall be given to the
5resident, his or her guardian, if any, and any other person who
6executed the contract.
7    (d) A copy of the contract for a resident who is supported
8by nonpublic funds other than the resident's own funds shall be
9made available to the person providing the funds for the
10resident's support.
11    (e) The original or a copy of the contract shall be
12maintained in the facility and be made available upon request
13to representatives of the Department and the Department of
14Healthcare and Family Services.
15    (f) The contract shall be written in clear and unambiguous
16language and shall be printed in not less than 12-point type.
17The general form of the contract shall be prescribed by the
18Department.
19    (g) The contract shall specify:
20        (1) the term of the contract;
21        (2) the services to be provided under the contract and
22    the charges for the services;
23        (3) the services that may be provided to supplement the
24    contract and the charges for the services;
25        (4) the sources liable for payments due under the
26    contract;

 

 

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1        (5) the amount of deposit paid; and
2        (6) the rights, duties and obligations of the resident,
3    except that the specification of a resident's rights may be
4    furnished on a separate document which complies with the
5    requirements of Section 2-211.
6    (h) The contract shall designate the name of the resident's
7representative, if any. The resident shall provide the facility
8with a copy of the written agreement between the resident and
9the resident's representative which authorizes the resident's
10representative to inspect and copy the resident's records and
11authorizes the resident's representative to execute the
12contract on behalf of the resident required by this Section.
13    (i) The contract shall provide that if the resident is
14compelled by a change in physical or mental health to leave the
15facility, the contract and all obligations under it shall
16terminate on 7 days' notice. No prior notice of termination of
17the contract shall be required, however, in the case of a
18resident's death. The contract shall also provide that in all
19other situations, a resident may terminate the contract and all
20obligations under it with 30 days' notice. All charges shall be
21prorated as of the date on which the contract terminates, and,
22if any payments have been made in advance, the excess shall be
23refunded to the resident. This provision shall not apply to
24life care contracts through which a facility agrees to provide
25maintenance and care for a resident throughout the remainder of
26his life nor to continuing care contracts through which a

 

 

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1facility agrees to supplement all available forms of financial
2support in providing maintenance and care for a resident
3throughout the remainder of his or her life.
4    (j) In addition to all other contract specifications
5contained in this Section admission contracts shall also
6specify:
7        (1) whether the facility accepts Medicaid clients;
8        (2) whether the facility requires a deposit of the
9    resident or his or her family prior to the establishment of
10    Medicaid eligibility;
11        (3) in the event that a deposit is required, a clear
12    and concise statement of the procedure to be followed for
13    the return of such deposit to the resident or the
14    appropriate family member or guardian of the person;
15        (4) that all deposits made to a facility by a resident,
16    or on behalf of a resident, shall be returned by the
17    facility within 30 days of the establishment of Medicaid
18    eligibility, unless such deposits must be drawn upon or
19    encumbered in accordance with Medicaid eligibility
20    requirements established by the Department of Healthcare
21    and Family Services.
22    (k) It shall be a business offense for a facility to
23knowingly and intentionally both retain a resident's deposit
24and accept Medicaid payments on behalf of that resident.
 
25    Section 2-203. Residents' advisory council. Each facility

 

 

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1shall establish a residents' advisory council. The
2administrator shall designate a member of the facility staff to
3coordinate the establishment of, and render assistance to, the
4council.
5    (a) The composition of the residents' advisory council
6shall be specified by Department regulation, but no employee or
7affiliate of a facility shall be a member of any council.
8    (b) The council shall meet at least once each month with
9the staff coordinator who shall provide assistance to the
10council in preparing and disseminating a report of each meeting
11to all residents, the administrator, and the staff.
12    (c) Records of the council meetings will be maintained in
13the office of the administrator.
14    (d) The residents' advisory council may communicate to the
15administrator the opinions and concerns of the residents. The
16council shall review procedures for implementing resident
17rights, facility responsibilities and make recommendations for
18changes or additions which will strengthen the facility's
19policies and procedures as they affect residents' rights and
20facility responsibilities.
21    (e) The council shall be a forum for:
22        (1) Obtaining and disseminating information;
23        (2) Soliciting and adopting recommendations for
24    facility programing and improvements;
25        (3) Early identification and for recommending orderly
26    resolution of problems.

 

 

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1    (f) The council may present complaints as provided in
2Section 3-702 on behalf of a resident to the Department or to
3any other person it considers appropriate.
 
4    Section 2-204. Mental Health Rehabilitation Facility
5Advisory Board. The Director shall appoint a Mental Health
6Rehabilitation Facility Advisory Board to consult with the
7Department and the residents' advisory councils created under
8Section 2-203.
9    (a) The Board shall be comprised of the following persons:
10        (1) The Director who shall serve as chairman, ex
11    officio and nonvoting; and
12        (2) One representative each of the Department of
13    Healthcare and Family Services, the Department of Human
14    Services, the Department on Aging, and the Office of the
15    State Fire Marshal, all nonvoting members;
16        (3) One member who shall be a physician licensed to
17    practice medicine in all its branches;
18        (4) One member who shall be a registered nurse selected
19    from the recommendations of professional nursing
20    associations;
21        (5) Four members who shall be selected from the
22    recommendations by organizations whose membership consists
23    of facilities;
24        (6) Two members who shall represent the general public
25    who are not members of a residents' advisory council

 

 

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1    established under Section 2-203 and who have no
2    responsibility for management or formation of policy or
3    financial interest in a facility;
4        (7) One member who is a member of a residents' advisory
5    council established under Section 2-203 and is capable of
6    actively participating on the Board; and
7        (8) One member who shall be selected from the
8    recommendations of consumer organizations which engage
9    solely in advocacy or legal representation on behalf of
10    residents and their immediate families.
11    (b) The terms of those members of the Board appointed prior
12to the effective date of this amendatory Act of 1988 shall
13expire on December 31, 1988. Members of the Board created by
14this amendatory Act of 1988 shall be appointed to serve for
15terms as follows: 3 for 2 years, 3 for 3 years and 3 for 4
16years. The member of the Board added by this amendatory Act of
171989 shall be appointed to serve for a term of 4 years. Each
18successor member shall be appointed for a term of 4 years. Any
19member appointed to fill a vacancy occurring prior to the
20expiration of the term for which his predecessor was appointed
21shall be appointed for the remainder of such term. The Board
22shall meet as frequently as the chairman deems necessary, but
23not less than 4 times each year. Upon request by 4 or more
24members the chairman shall call a meeting of the Board. The
25affirmative vote of 6 members of the Board shall be necessary
26for Board action. A member of the Board can designate a

 

 

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1replacement to serve at the Board meeting and vote in place of
2the member by submitting a letter of designation to the
3chairman prior to or at the Board meeting. The Board members
4shall be reimbursed for their actual expenses incurred in the
5performance of their duties.
6    (c) The Advisory Board shall advise the Department of
7Public Health on all aspects of its responsibilities under this
8Act, including the format and content of any rules promulgated
9by the Department of Public Health. Any such rules, except
10emergency rules promulgated pursuant to Section 5-45 of the
11Illinois Administrative Procedure Act, promulgated without
12obtaining the advice of the Advisory Board are null and void.
13In the event that the Department fails to follow the advice of
14the Board, the Department shall, prior to the promulgation of
15such rules, transmit a written explanation of the reason
16thereof to the Board. During its review of rules, the Board
17shall analyze the economic and regulatory impact of those
18rules. If the Advisory Board, having been asked for its advice,
19fails to advise the Department within 90 days, the rules shall
20be considered acted upon.
 
21    Section 2-205. Disclosure of information to public. The
22following information is subject to disclosure to the public
23from the Department or the Department of Healthcare and Family
24Services:
25        (1) Information submitted under Sections 3-103 and

 

 

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1    3-207 except information concerning the remuneration of
2    personnel licensed, registered, or certified by the
3    Department of Financial and Professional Regulation (as
4    successor to the Department of Professional Regulation)
5    and monthly charges for an individual private resident;
6        (2) Records of license and certification inspections,
7    surveys, and evaluations of facilities, other reports of
8    inspections, surveys, and evaluations of resident care,
9    whether a facility has been designated a distressed
10    facility and the basis for the designation, and reports
11    concerning a facility prepared pursuant to Titles XVIII and
12    XIX of the Social Security Act, subject to the provisions
13    of the Social Security Act;
14        (3) Cost and reimbursement reports submitted by a
15    facility under Section 3-208, reports of audits of
16    facilities, and other public records concerning costs
17    incurred by, revenues received by, and reimbursement of
18    facilities; and
19        (4) Complaints filed against a facility and complaint
20    investigation reports, except that a complaint or
21    complaint investigation report shall not be disclosed to a
22    person other than the complainant or complainant's
23    representative before it is disclosed to a facility under
24    Section 3-702, and, further, except that a complainant or
25    resident's name shall not be disclosed except under Section
26    3-702.

 

 

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1    The Department shall disclose information under this
2Section in accordance with provisions for inspection and
3copying of public records required by the Freedom of
4Information Act.
5    However, the disclosure of information described in
6subsection (1) shall not be restricted by any provision of the
7Freedom of Information Act.
 
8    Section 2-206. Confidentiality of records.
9    (a) The Department shall respect the confidentiality of a
10resident's record and shall not divulge or disclose the
11contents of a record in a manner which identifies a resident,
12except upon a resident's death to a relative or guardian, or
13under judicial proceedings. This Section shall not be construed
14to limit the right of a resident to inspect or copy the
15resident's records.
16    (b) Confidential medical, social, personal, or financial
17information identifying a resident shall not be available for
18public inspection in a manner which identifies a resident.
 
19    Section 2-207. Directories for public health regions;
20information concerning facility costs and policies.
21    (a) Each year the Department shall publish a Directory for
22each public health region listing facilities to be made
23available to the public and be available at all Department
24offices. The Department may charge a fee for the Directory. The

 

 

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1Directory shall contain, at a minimum, the following
2information:
3        (1) The name and address of the facility;
4        (2) The number and type of licensed beds;
5        (3) The name of the cooperating hospital, if any;
6        (4) The name of the administrator;
7        (5) The facility telephone number; and
8        (6) Membership in a provider association and
9    accreditation by any such organization.
10    (b) Detailed information concerning basic costs for care
11and operating policies shall be available to the public upon
12request at each facility. However, a facility may refuse to
13make available any proprietary operating policies to the extent
14such facility reasonably believes such policies may be revealed
15to a competitor.
 
16    Section 2-208. Notice of imminent death. A facility shall
17immediately notify the resident's next of kin, representative
18and physician of the resident's death or when the resident's
19death appears to be imminent.
 
20    Section 2-209. Number of residents. A facility shall admit
21only that number of residents for which it is licensed.
 
22    Section 2-210. Policies and procedures. A facility shall
23establish written policies and procedures to implement the

 

 

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1responsibilities and rights provided in this Article. The
2policies shall include the procedure for the investigation and
3resolution of resident complaints as set forth under Section
43-702. The policies and procedures shall be clear and
5unambiguous and shall be available for inspection by any
6person. A summary of the policies and procedures, printed in
7not less than 12-point type, shall be distributed to each
8resident and representative.
 
9    Section 2-211. Explanation of rights. Each resident and
10resident's guardian or other person acting for the resident
11shall be given a written explanation, prepared by the Office of
12the State Long Term Care Ombudsman, of all the rights
13enumerated in Part 1 of this Article and in Part 4 of Article
14III. For residents of facilities participating in Title XVIII
15or XIX of the Social Security Act, the explanation shall
16include an explanation of residents' rights enumerated in that
17Act. The explanation shall be given at the time of admission to
18a facility or as soon thereafter as the condition of the
19resident permits, but in no event later than 48 hours after
20admission, and again at least annually thereafter. At the time
21of the implementation of this Act each resident shall be given
22a written summary of all the rights enumerated in Part 1 of
23this Article.
24    If a resident is unable to read such written explanation,
25it shall be read to the resident in a language the resident

 

 

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1understands. In the case of a minor or a person having a
2guardian or other person acting for him or her, both the
3resident and the parent, guardian or other person acting for
4the resident shall be fully informed of these rights.
 
5    Section 2-212. Staff familiarity with rights and
6responsibilities. The facility shall ensure that its staff is
7familiar with and observes the rights and responsibilities
8enumerated in this Article.
 
9    Section 2-213. Vaccinations.
10    (a) A facility shall annually administer or arrange for
11administration of a vaccination against influenza to each
12resident, in accordance with the recommendations of the
13Advisory Committee on Immunization Practices of the Centers for
14Disease Control and Prevention that are most recent to the time
15of vaccination, unless the vaccination is medically
16contraindicated or the resident has refused the vaccine.
17Influenza vaccinations for all residents age 65 and over shall
18be completed by November 30 of each year or as soon as
19practicable if vaccine supplies are not available before
20November 1. Residents admitted after November 30, during the
21flu season, and until February 1 shall, as medically
22appropriate, receive an influenza vaccination prior to or upon
23admission or as soon as practicable if vaccine supplies are not
24available at the time of the admission, unless the vaccine is

 

 

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1medically contraindicated or the resident has refused the
2vaccine. In the event that the Advisory Committee on
3Immunization Practices of the Centers for Disease Control and
4Prevention determines that dates of administration other than
5those stated in this Act are optimal to protect the health of
6residents, the Department is authorized to develop rules to
7mandate vaccinations at those times rather than the times
8stated in this Act. A facility shall document in the resident's
9medical record that an annual vaccination against influenza was
10administered, arranged, refused or medically contraindicated.
11    (b) A facility shall administer or arrange for
12administration of a pneumococcal vaccination to each resident
13who is age 65 and over, in accordance with the recommendations
14of the Advisory Committee on Immunization Practices of the
15Centers for Disease Control and Prevention, who has not
16received this immunization prior to or upon admission to the
17facility, unless the resident refuses the offer for vaccination
18or the vaccination is medically contraindicated. A facility
19shall document in each resident's medical record that a
20vaccination against pneumococcal pneumonia was offered and
21administered, arranged, refused, or medically contraindicated.
22    (c) All persons seeking admission to a nursing facility
23shall be verbally screened for risk factors associated with
24hepatitis B, hepatitis C, and the Human Immunodeficiency Virus
25(HIV) according to guidelines established by the U.S. Centers
26for Disease Control and Prevention. Persons who are identified

 

 

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1as being at high risk for hepatitis B, hepatitis C, or HIV
2shall be offered an opportunity to undergo laboratory testing
3in order to determine infection status if they will be admitted
4to the nursing facility for at least 7 days and are not known
5to be infected with any of the listed viruses. All HIV testing
6shall be conducted in compliance with the AIDS Confidentiality
7Act. All persons determined to be susceptible to the hepatitis
8B virus shall be offered immunization within 10 days of
9admission to any nursing facility. A facility shall document in
10the resident's medical record that he or she was verbally
11screened for risk factors associated with hepatitis B,
12hepatitis C, and HIV, and whether or not the resident was
13immunized against hepatitis B. Nothing in this subsection (c)
14shall apply to a nursing facility licensed or regulated by the
15Illinois Department of Veterans' Affairs.
 
16    Section 2-214. Consumer Choice Information Reports.
17    (a) Every facility shall complete a Consumer Choice
18Information Report and shall file it with the Office of State
19Long Term Care Ombudsman electronically as prescribed by the
20Office. The Report shall be filed annually and upon request of
21the Office of State Long Term Care Ombudsman. The Consumer
22Choice Information Report must be completed by the facility in
23full.
24    (b) A violation of any of the provisions of this Section
25constitutes an unlawful practice under the Consumer Fraud and

 

 

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1Deceptive Business Practices Act. All remedies, penalties, and
2authority granted to the Attorney General by the Consumer Fraud
3and Deceptive Business Practices Act shall be available to him
4or her for the enforcement of this Section.
5    (c) The Department of Public Health shall include
6verification of the submission of a facility's current Consumer
7Choice Information Report when conducting an inspection
8pursuant to Section 3-212.
 
9    Section 2-216. Notification of identified offenders. Every
10licensed facility shall provide to every prospective and
11current resident and resident's guardian, and to every facility
12employee, a written notice, prescribed by the Illinois
13Department of Public Health, advising the resident, guardian,
14or employee of his or her right to ask whether any residents of
15the facility are identified offenders. The notice shall also be
16prominently posted within every licensed facility. The notice
17shall include a statement that information regarding
18registered sex offenders may be obtained from the Illinois
19State Police website and that information regarding persons
20serving terms of parole or mandatory supervised release may be
21obtained from the Illinois Department of Corrections website.
 
22    Section 2-217. Order for transportation of resident by
23ambulance. If a facility orders transportation of a resident of
24the facility by ambulance, the facility must maintain a written

 

 

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1record that shows (i) the name of the person who placed the
2order for that transportation and (ii) the medical reason for
3that transportation. The facility must maintain the record for
4a period of at least 3 years after the date of the order for
5transportation by ambulance.
 
6
ARTICLE III. LICENSING, ENFORCEMENT, VIOLATIONS, PENALTIES AND
7
REMEDIES

 
8
PART 1. LICENSING

 
9    Section 3-101. Licensure system. The Department shall
10establish a comprehensive system of licensure for facilities in
11accordance with this Act for the purposes of:
12        (1) Protecting the health, welfare, and safety of
13    residents; and
14        (2) Assuring the accountability for reimbursed care
15    provided in certified facilities participating in a
16    federal or State health program.
 
17    Section 3-102. Necessity of license. No person may
18establish, operate, maintain, offer or advertise a facility
19within this State unless and until he or she obtains a valid
20license therefor as hereinafter provided, which license
21remains unsuspended, unrevoked, and unexpired. No public
22official or employee may place any person in, or recommend that

 

 

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1any person be placed in, or directly or indirectly cause any
2person to be placed in any facility which is being operated
3without a valid license. All licenses and licensing procedures
4established under the Nursing Home Care Act shall be deemed
5valid under this Act until the Department establishes licenses
6and licensing procedures and initiates the licenses and
7licensing procedures under this Act.
 
8    Section 3-102.1. Denial of Department access to facility.
9If the Department is denied access to a facility or any other
10place which it reasonably believes is required to be licensed
11as a facility under this Act, it shall request intervention of
12local, county or State law enforcement agencies to seek an
13appropriate court order or warrant to examine or interview the
14residents of such facility. Any person or entity preventing the
15Department from carrying out its duties under this Section
16shall be guilty of a violation of this Act and shall be subject
17to such penalties related thereto.
 
18    Section 3-103. Application for license; financial
19statement. The procedure for obtaining a valid license shall be
20as follows:
21        (1) Application to operate a facility shall be made to
22    the Department on forms furnished by the Department.
23        (2) All license applications shall be accompanied with
24    an application fee. The fee for an annual license shall be

 

 

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1    $1,990. The fee for a 2-year license shall be double the
2    fee for the annual license. The fees collected shall be
3    deposited with the State Treasurer into the Long Term Care
4    Monitor/Receiver Fund, which has been created as a special
5    fund in the State treasury. This special fund is to be used
6    by the Department for expenses related to the appointment
7    of monitors and receivers as contained in Sections 3-501
8    through 3-517. At the end of each fiscal year, any funds in
9    excess of $1,000,000 held in the Long Term Care
10    Monitor/Receiver Fund shall be deposited in the State's
11    General Revenue Fund. The application shall be under oath
12    and the submission of false or misleading information shall
13    be a Class A misdemeanor. The application shall contain the
14    following information:
15            (a) The name and address of the applicant if an
16        individual, and if a firm, partnership, or
17        association, of every member thereof, and in the case
18        of a corporation, the name and address thereof and of
19        its officers and its registered agent, and in the case
20        of a unit of local government, the name and address of
21        its chief executive officer;
22            (b) The name and location of the facility for which
23        a license is sought;
24            (c) The name of the person or persons under whose
25        management or supervision the facility will be
26        conducted;

 

 

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1            (d) The number and type of residents for which
2        maintenance, personal care, or nursing is to be
3        provided; and
4            (e) Such information relating to the number,
5        experience, and training of the employees of the
6        facility, any management agreements for the operation
7        of the facility, and of the moral character of the
8        applicant and employees as the Department may deem
9        necessary.
10        (3) Each initial application shall be accompanied by a
11    financial statement setting forth the financial condition
12    of the applicant and by a statement from the unit of local
13    government having zoning jurisdiction over the facility's
14    location stating that the location of the facility is not
15    in violation of a zoning ordinance. An initial application
16    for a new facility shall be accompanied by a permit as
17    required by the Illinois Health Facilities Planning Act.
18    After the application is approved, the applicant shall
19    advise the Department every 6 months of any changes in the
20    information originally provided in the application.
21        (4) Other information necessary to determine the
22    identity and qualifications of an applicant to operate a
23    facility in accordance with this Act shall be included in
24    the application as required by the Department in
25    regulations.
 

 

 

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1    Section 3-104. Licensing and regulation by municipality.
2Any city, village, or incorporated town may by ordinance
3provide for the licensing and regulation of a facility or any
4classification of such facility, as defined herein, within such
5municipality, provided that the ordinance requires compliance
6with at least the minimum requirements established by the
7Department under this Act. The licensing and enforcement
8provisions of the municipality shall fully comply with this
9Act, and the municipality shall make available information as
10required by this Act. Such compliance shall be determined by
11the Department subject to review as provided in Section 3-703.
12Section 3-703 shall also be applicable to the judicial review
13of final administrative decisions of the municipality under
14this Act.
 
15    Section 3-105. Reports by municipality. Any city, village,
16or incorporated town which has or may have ordinances requiring
17the licensing and regulation of facilities with at least the
18minimum standards established by the Department under this Act,
19shall make such periodic reports to the Department as the
20Department deems necessary. This report shall include a list of
21those facilities licensed by such municipality, the number of
22beds of each facility, and the date the license of each
23facility is effective.
 
24    Section 3-106. Issuance of license to holder of municipal

 

 

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1license.
2    (a) Upon receipt of notice and proof from an applicant or
3licensee that he has received a license or renewal thereof from
4a city, village or incorporated town, accompanied by the
5required license or renewal fees, the Department shall issue a
6license or renewal license to such person. The Department shall
7not issue a license hereunder to any person who has failed to
8qualify for a municipal license. If the issuance of a license
9by the Department antedates regulatory action by a
10municipality, the municipality shall issue a local license
11unless the standards and requirements under its ordinance or
12resolution are greater than those prescribed under this Act.
13    (b) In the event that the standards and requirements under
14the ordinance or resolution of the municipality are greater
15than those prescribed under this Act, the license issued by the
16Department shall remain in effect pending reasonable
17opportunity provided by the municipality, which shall be not
18less than 60 days, for the licensee to comply with the local
19requirements. Upon notice by the municipality, or upon the
20Department's own determination that the licensee has failed to
21qualify for a local license, the Department shall revoke such
22license.
 
23    Section 3-107. Inspection; fees. The Department and the
24city, village, or incorporated town shall have the right at any
25time to visit and inspect the premises and personnel of any

 

 

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1facility for the purpose of determining whether the applicant
2or licensee is in compliance with this Act or with the local
3ordinances which govern the regulation of the facility. The
4Department may survey any former facility which once held a
5license to ensure that the facility is not again operating
6without a license. Municipalities may charge a reasonable
7license or renewal fee for the regulation of facilities, which
8fees shall be in addition to the fees paid to the Department.
 
9    Section 3-107.1. Access by law enforcement officials and
10agencies. Notwithstanding any other provision of this Act, the
11Attorney General, the State's Attorneys, and various law
12enforcement agencies of this State and its political
13subdivisions shall have full and open access to any facility
14pursuant to Article 108 of the Code of Criminal Procedure of
151963 in the exercise of their investigatory and prosecutorial
16powers in the enforcement of the criminal laws of this State.
17Furthermore, the Attorney General, the State's Attorneys and
18law enforcement agencies of this State shall inform the
19Department of any violations of this Act of which they have
20knowledge. Disclosure of matters before a grand jury shall be
21made in accordance with Section 112-6 of the Code of Criminal
22Procedure of 1963.
 
23    Section 3-108. Cooperation with State agencies. The
24Department shall coordinate the functions within State

 

 

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1government affecting facilities licensed under this Act and
2shall cooperate with other State agencies which establish
3standards or requirements for facilities to assure necessary,
4equitable, and consistent State supervision of licensees
5without unnecessary duplication of survey, evaluation, and
6consultation services or complaint investigations. The
7Department shall cooperate with the Department of Human
8Services in regard to facilities containing more than 20% of
9residents for whom the Department of Human Services has
10mandated follow up responsibilities under the Mental Health and
11Developmental Disabilities Administrative Act. The Department
12shall cooperate with the Department of Healthcare and Family
13Services in regard to facilities where recipients of public aid
14are residents. The Department shall immediately refer to the
15Department of Financial and Professional Regulation (as
16successor to the Department of Professional Regulation) for
17investigation any credible evidence of which it has knowledge
18that an individual licensed by that Department has violated
19this Act or any rule issued under this Act. The Department
20shall enter into agreements with other State Departments,
21agencies or commissions to effectuate the purpose of this
22Section.
 
23    Section 3-109. Issuance of license based on Director's
24findings. Upon receipt and review of an application for a
25license made under this Article and inspection of the applicant

 

 

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1facility under this Article, the Director shall issue a license
2if he or she finds:
3        (1) That the individual applicant, or the corporation,
4    partnership or other entity if the applicant is not an
5    individual, is a person responsible and suitable to operate
6    or to direct or participate in the operation of a facility
7    by virtue of financial capacity, appropriate business or
8    professional experience, a record of compliance with
9    lawful orders of the Department and lack of revocation of a
10    license during the previous 5 years;
11        (2) That the facility is under the supervision of an
12    administrator who is licensed, if required, under the
13    Nursing Home Administrators Licensing and Disciplinary
14    Act, as now or hereafter amended; and
15        (3) That the facility is in substantial compliance with
16    this Act, and such other requirements for a license as the
17    Department by rule may establish under this Act.
 
18    Section 3-110. Contents and period of license.
19    (a) Any license granted by the Director shall state the
20maximum bed capacity for which it is granted, the date the
21license was issued, and the expiration date. Except as provided
22in subsection (b), such licenses shall normally be issued for a
23period of one year. However, the Director may issue licenses or
24renewals for periods of not less than 6 months nor more than 18
25months for facilities with annual licenses and not less than 18

 

 

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1months nor more than 30 months for facilities with 2-year
2licenses in order to distribute the expiration dates of such
3licenses throughout the calendar year, and fees for such
4licenses shall be prorated on the basis of the portion of a
5year for which they are issued. Each license shall be issued
6only for the premises and persons named in the application and
7shall not be transferable or assignable.
8    The Department shall require the licensee to comply with
9the requirements of a court order issued under Section 3-515,
10as a condition of licensing.
11    (b) A license for a period of 2 years shall be issued to a
12facility if the facility:
13        (1) has not received a Type "A" violation within the
14    last 24 months;
15        (2) has not received a Type "B" violation within the
16    last 24 months;
17        (3) has not had an inspection, survey, or evaluation
18    that resulted in the issuance of 10 or more administrative
19    warnings in the last 24 months;
20        (4) has not had an inspection, survey, or evaluation
21    that resulted in an administrative warning issued for a
22    violation of Sections 3-401 through 3-413 in the last 24
23    months;
24        (5) has not been issued an order to reimburse a
25    resident for a violation of Article II under subsection (6)
26    of Section 3-305 in the last 24 months; and

 

 

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1        (6) has not been subject to sanctions or
2    decertification for violations in relation to patient care
3    of a facility under Titles XVIII and XIX of the federal
4    Social Security Act within the last 24 months.
5    If a facility with a 2-year license fails to meet the
6conditions in items (1) through (6) of this subsection, in
7addition to any other sanctions that may be applied by the
8Department under this Act, the facility's 2-year license shall
9be replaced by a one year license until such time as the
10facility again meets the conditions in items (1) through (6) of
11this subsection.
 
12    Section 3-111. Issuance or renewal of license after notice
13of violation. The issuance or renewal of a license after notice
14of a violation has been sent shall not constitute a waiver by
15the Department of its power to rely on the violation as the
16basis for subsequent license revocation or other enforcement
17action under this Act arising out of the notice of violation.
 
18    Section 3-112. Transfer of ownership; license.
19    (a) Whenever ownership of a facility is transferred from
20the person named in the license to any other person, the
21transferee must obtain a new probationary license. The
22transferee shall notify the Department of the transfer and
23apply for a new license at least 30 days prior to final
24transfer.

 

 

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1    (b) The transferor shall notify the Department at least 30
2days prior to final transfer. The transferor shall remain
3responsible for the operation of the facility until such time
4as a license is issued to the transferee.
 
5    Section 3-113. Transferee; conditional license. The
6license granted to the transferee shall be subject to the plan
7of correction submitted by the previous owner and approved by
8the Department and any conditions contained in a conditional
9license issued to the previous owner. If there are outstanding
10violations and no approved plan of correction has been
11implemented, the Department may issue a conditional license and
12plan of correction as provided in Sections 3-311 through 3-317.
13The license granted to a transferee for a facility that is in
14receivership shall be subject to any contractual obligations
15assumed by a grantee under the Equity in Long-term Care Quality
16Act and to the plan submitted by the receiver for continuing
17and increasing adherence to best practices in providing
18high-quality nursing home care, unless the grant is repaid,
19under conditions to be determined by rule by the Department in
20its administration of the Equity in Long-term Care Quality Act.
 
21    Section 3-114. Transferor liable for penalties. The
22transferor shall remain liable for all penalties assessed
23against the facility which are imposed for violations occurring
24prior to transfer of ownership.
 

 

 

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1    Section 3-115. License renewal application. At least 120
2days but not more than 150 days prior to license expiration,
3the licensee shall submit an application for renewal of the
4license in such form and containing such information as the
5Department requires. If the application is approved, the
6license shall be renewed in accordance with Section 3-110. If
7application for renewal is not timely filed, the Department
8shall so inform the licensee.
 
9    Section 3-116. Probationary license. If the applicant has
10not been previously licensed or if the facility is not in
11operation at the time application is made, the Department shall
12issue only a probationary license. A probationary license shall
13be valid for 120 days unless sooner suspended or revoked under
14Section 3-119. Within 30 days prior to the termination of a
15probationary license, the Department shall fully and
16completely inspect the facility and, if the facility meets the
17applicable requirements for licensure, shall issue a license
18under Section 3-109. If the Department finds that the facility
19does not meet the requirements for licensure but has made
20substantial progress toward meeting those requirements, the
21license may be renewed once for a period not to exceed 120 days
22from the expiration date of the initial probationary license.
 
23    Section 3-117. Denial of license; grounds. An application

 

 

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1for a license may be denied for any of the following reasons:
2        (1) Failure to meet any of the minimum standards set
3    forth by this Act or by rules and regulations promulgated
4    by the Department under this Act.
5        (2) Conviction of the applicant, or if the applicant is
6    a firm, partnership or association, of any of its members,
7    or if a corporation, the conviction of the corporation or
8    any of its officers or stockholders, or of the person
9    designated to manage or supervise the facility, of a
10    felony, or of 2 or more misdemeanors involving moral
11    turpitude, during the previous 5 years as shown by a
12    certified copy of the record of the court of conviction.
13        (3) Personnel insufficient in number or unqualified by
14    training or experience to properly care for the proposed
15    number and type of residents.
16        (4) Insufficient financial or other resources to
17    operate and conduct the facility in accordance with
18    standards promulgated by the Department under this Act and
19    with contractual obligations assumed by a recipient of a
20    grant under the Equity in Long-term Care Quality Act and
21    the plan (if applicable) submitted by a grantee for
22    continuing and increasing adherence to best practices in
23    providing high-quality nursing home care.
24        (5) Revocation of a facility license during the
25    previous 5 years, if such prior license was issued to the
26    individual applicant, a controlling owner or controlling

 

 

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1    combination of owners of the applicant; or any affiliate of
2    the individual applicant or controlling owner of the
3    applicant and such individual applicant, controlling owner
4    of the applicant or affiliate of the applicant was a
5    controlling owner of the prior license; provided, however,
6    that the denial of an application for a license pursuant to
7    this subsection must be supported by evidence that such
8    prior revocation renders the applicant unqualified or
9    incapable of meeting or maintaining a facility in
10    accordance with the standards and rules promulgated by the
11    Department under this Act.
12        (6) That the facility is not under the direct
13    supervision of a full time administrator, as defined by
14    regulation, who is licensed, if required, under the Nursing
15    Home Administrators Licensing and Disciplinary Act.
16        (7) That the facility is in receivership and the
17    proposed licensee has not submitted a specific detailed
18    plan to bring the facility into compliance with the
19    requirements of this Act and with federal certification
20    requirements, if the facility is certified, and to keep the
21    facility in such compliance.
 
22    Section 3-118. Notice of denial; request for hearing.
23Immediately upon the denial of any application or reapplication
24for a license under this Article, the Department shall notify
25the applicant in writing. Notice of denial shall include a

 

 

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1clear and concise statement of the violations of Section 3-117
2on which denial is based and notice of the opportunity for a
3hearing under Section 3-703. If the applicant desires to
4contest the denial of a license, it shall provide written
5notice to the Department of a request for a hearing within 10
6days after receipt of the notice of denial. The Department
7shall commence the hearing under Section 3-703.
 
8    Section 3-119. Suspension, revocation, or refusal to renew
9license.    
10    (a) The Department, after notice to the applicant or
11licensee, may suspend, revoke, or refuse to renew a license in
12any case in which the Department finds any of the following:
13        (1) There has been a substantial failure to comply with
14    this Act or the rules and regulations promulgated by the
15    Department under this Act. A substantial failure by a
16    facility shall include, but not be limited to, any of the
17    following:
18            (A) termination of Medicare or Medicaid
19        certification by the Centers for Medicare and Medicaid
20        Services; or
21            (B) a failure by the facility to pay any fine
22        assessed under this Act after the Department has sent
23        to the facility at least 2 notices of assessment that
24        include a schedule of payments as determined by the
25        Department, taking into account extenuating

 

 

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1        circumstances and financial hardships of the facility.
2        (2) Conviction of the licensee, or of the person
3    designated to manage or supervise the facility, of a
4    felony, or of 2 or more misdemeanors involving moral
5    turpitude, during the previous 5 years as shown by a
6    certified copy of the record of the court of conviction.
7        (3) Personnel are insufficient in number or
8    unqualified by training or experience to properly care for
9    the number and type of residents served by the facility.
10        (4) Financial or other resources are insufficient to
11    conduct and operate the facility in accordance with
12    standards promulgated by the Department under this Act.
13        (5) The facility is not under the direct supervision of
14    a full time administrator, as defined by regulation, who is
15    licensed, if required, under the Nursing Home
16    Administrators Licensing and Disciplinary Act.
17        (6) The facility has committed 2 Type "AA" violations
18    within a 2-year period.
19    (b) Notice under this Section shall include a clear and
20concise statement of the violations on which the nonrenewal or
21revocation is based, the statute or rule violated and notice of
22the opportunity for a hearing under Section 3-703.
23    (c) If a facility desires to contest the nonrenewal or
24revocation of a license, the facility shall, within 10 days
25after receipt of notice under subsection (b) of this Section,
26notify the Department in writing of its request for a hearing

 

 

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1under Section 3-703. Upon receipt of the request the Department
2shall send notice to the facility and hold a hearing as
3provided under Section 3-703.
4    (d) The effective date of nonrenewal or revocation of a
5license by the Department shall be any of the following:
6        (1) Until otherwise ordered by the circuit court,
7    revocation is effective on the date set by the Department
8    in the notice of revocation, or upon final action after
9    hearing under Section 3-703, whichever is later.
10        (2) Until otherwise ordered by the circuit court,
11    nonrenewal is effective on the date of expiration of any
12    existing license, or upon final action after hearing under
13    Section 3-703, whichever is later; however, a license shall
14    not be deemed to have expired if the Department fails to
15    timely respond to a timely request for renewal under this
16    Act or for a hearing to contest nonrenewal under paragraph
17    (c).
18        (3) The Department may extend the effective date of
19    license revocation or expiration in any case in order to
20    permit orderly removal and relocation of residents.
21    The Department may refuse to issue or may suspend the
22license of any person who fails to file a return, or to pay the
23tax, penalty or interest shown in a filed return, or to pay any
24final assessment of tax, penalty or interest, as required by
25any tax Act administered by the Illinois Department of Revenue,
26until such time as the requirements of any such tax Act are

 

 

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1satisfied.
 
2
PART 2. GENERAL PROVISIONS

 
3    Section 3-201. Medical treatment; no prescription by
4Department. The Department shall not prescribe the course of
5medical treatment provided to an individual resident by the
6resident's physician in a facility.
 
7    Section 3-202. Standards for facilities. The Department
8shall prescribe minimum standards for facilities. These
9standards shall regulate:
10        (1) Location and construction of the facility,
11    including plumbing, heating, lighting, ventilation, and
12    other physical conditions which shall ensure the health,
13    safety, and comfort of residents and their protection from
14    fire hazard;
15        (2) Number and qualifications of all personnel,
16    including management and nursing personnel, having
17    responsibility for any part of the care given to residents;
18    specifically, the Department shall establish staffing
19    ratios for facilities which shall specify the number of
20    staff hours per resident of care that are needed for
21    professional nursing care for various types of facilities
22    or areas within facilities;
23        (3) All sanitary conditions within the facility and its

 

 

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1    surroundings, including water supply, sewage disposal,
2    food handling, and general hygiene, which shall ensure the
3    health and comfort of residents;
4        (4) Diet related to the needs of each resident based on
5    good nutritional practice and on recommendations which may
6    be made by the physicians attending the resident;
7        (5) Equipment essential to the health and welfare of
8    the residents;
9        (6) A program of habilitation and rehabilitation for
10    those residents who would benefit from such programs;
11        (7) A program for adequate maintenance of physical
12    plant and equipment;
13        (8) Adequate accommodations, staff and services for
14    the number and types of residents for whom the facility is
15    licensed to care, including standards for temperature and
16    relative humidity within comfort zones determined by the
17    Department based upon a combination of air temperature,
18    relative humidity and air movement. Such standards shall
19    also require facility plans that provide for health and
20    comfort of residents at medical risk as determined by the
21    attending physician whenever the temperature and relative
22    humidity are outside such comfort zones established by the
23    Department. The standards must include a requirement that
24    areas of a facility used by residents of the facility be
25    air-conditioned and heated by means of operable
26    air-conditioning and heating equipment. The areas subject

 

 

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1    to this air-conditioning and heating requirement include,
2    without limitation, bedrooms or common areas such as
3    sitting rooms, activity rooms, living rooms, community
4    rooms, and dining rooms;
5        (9) Development of evacuation and other appropriate
6    safety plans for use during weather, health, fire, physical
7    plant, environmental and national defense emergencies; and
8        (10) Maintenance of minimum financial or other
9    resources necessary to meet the standards established
10    under this Section, and to operate and conduct the facility
11    in accordance with this Act.
 
12    Section 3-202.05. Staffing ratios. The Department shall
13establish rules governing the minimum staffing level for
14facilities. In crafting the staffing ratios the Department
15shall take into account the ambulatory nature and mental health
16of the resident population in the facilities. The rules shall
17be substantially similar to the staffing ratios contained in
18Section 3-202.05 of the Nursing Home Care Act.
 
19    Section 3-202.05a. Comprehensive resident care plan. A
20facility, with the participation of the resident and the
21resident's guardian or representative, as applicable, must
22develop and implement a comprehensive care plan for each
23resident that includes measurable objectives and timetables to
24meet the resident's mental and psychosocial needs that are

 

 

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1identified in the resident's comprehensive assessment, that
2allow the resident to attain or maintain the highest
3practicable level of independent functioning, and that provide
4for discharge planning to the least restrictive setting based
5on the resident's care needs. The assessment shall be developed
6with the active participation of the resident and the
7resident's guardian or representative, as applicable.
 
8    Section 3-202.05b. Certification of specialized mental
9health rehabilitation facilities.
10    (a) No later than July 1, 2011, the Department shall file
11with the Joint Committee on Administrative Rules, pursuant to
12the Illinois Administrative Procedure Act, proposed rules or
13proposed amendments to existing rules to establish a special
14certification program that provides for psychiatric
15rehabilitation services that are required to be offered by a
16facility licensed under this Act that serves residents with
17serious mental illness. Compliance with standards promulgated
18pursuant to this Section must be demonstrated before a facility
19licensed under this Act is eligible to become certified under
20this Section and annually thereafter.
21    (b) No facility shall establish, operate, maintain, or
22offer psychiatric rehabilitation services, or admit, retain,
23or seek referrals of a resident with a serious mental illness
24diagnosis, unless and until a valid certification, which
25remains unsuspended, unrevoked, and unexpired, has been

 

 

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1issued.
2    (c) A facility that currently serves a resident with
3serious mental illness may continue to admit such residents
4until the Department performs a certification review and
5determines that the facility does not meet the requirements for
6certification. The Department, at its discretion, may provide
7an additional 90-day period for the facility to meet the
8requirements for certification if it finds that the facility
9has made a good faith effort to comply with all certification
10requirements and will achieve total compliance with the
11requirements before the end of the 90-day period. The facility
12shall be prohibited from admitting residents with serious
13mental illness until the Department certifies the facility to
14be in compliance with the requirements of this Section.
15    (d) A facility currently serving residents with serious
16mental illness that elects to terminate provision of services
17to this population must immediately notify the Department of
18its intent, cease to admit new residents with serious mental
19illness, and give notice to all existing residents with serious
20mental illness of their impending discharge. These residents
21shall be accorded all rights and assistance provided to a
22resident being involuntarily discharged and those provided
23under Section 2-201.5 of this Act. The facility shall continue
24to adhere to all requirements of this Act until all residents
25with serious mental illness have been discharged.
26    (e) A facility found to be out of compliance with the

 

 

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1certification requirements under this Section may be subject to
2denial, revocation, or suspension of the psychiatric
3rehabilitation services certification or the imposition of
4sanctions and penalties, including the immediate suspension of
5new admissions. Hearings shall be conducted pursuant to Part 7
6of Article III of this Act.
7    (f) The Department shall indicate on its list of licensed
8facilities which facilities are certified under this Section
9and shall distribute this list to the appropriate State
10agencies charged with administering and implementing the
11State's program of pre-admission screening and resident
12review, hospital discharge planners, and others upon request.
13    (g) No public official, agent, or employee of the State, or
14any subcontractor of the State, may refer or arrange for the
15placement of a person with serious mental illness in a facility
16that is not certified under this Section. No public official,
17agent, or employee of the State, or any subcontractor of the
18State, may place the name of a facility on a list of facilities
19serving the seriously mentally ill for distribution to the
20general public or to professionals arranging for placements or
21making referrals unless the facility is certified under this
22Section.
23    (h) The Department shall establish requirements for
24certification that augment current quality of care standards
25for facilities serving residents with serious mental illness,
26which shall include admission, discharge planning, psychiatric

 

 

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1rehabilitation services, development of age group appropriate
2treatment plan goals and services, behavior management
3services, coordination with community mental health services,
4staff qualifications and training, clinical consultation,
5resident access to the outside community, and appropriate
6environment and space for resident programs, recreation,
7privacy, and any other issue deemed appropriate by the
8Department. The augmented standards shall at a minimum include,
9but need not be limited to, the following:
10        (1) Staff sufficient in number and qualifications
11    necessary to meet the scheduled and unscheduled needs of
12    the residents on a 24 hour basis. The Department shall
13    establish by rule the minimum number of psychiatric
14    services rehabilitation coordinators in relation to the
15    number of residents with serious mental illness residing in
16    the facility.
17        (2) The number and qualifications of consultants
18    required to be contracted with to provide continuing
19    education and training and to assist with program
20    development.
21        (3) Training for all new employees specific to the care
22    needs of residents with a serious mental illness diagnosis
23    during their orientation period and annually thereafter.
24    Training shall be independent of the Department and
25    overseen by an agency designated by the Governor to
26    determine the content of all facility employee training and

 

 

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1    to provide training for all trainers of facility employees.
2    Training of employees shall at minimum include, but need
3    not be limited to, (i) the impact of a serious mental
4    illness diagnosis, (ii) the recovery paradigm and the role
5    of psychiatric rehabilitation, (iii) preventive strategies
6    for managing aggression and crisis prevention, (iv) basic
7    psychiatric rehabilitation techniques and service
8    delivery, (v) resident rights, (vi) abuse prevention,
9    (vii) appropriate interaction between staff and residents,
10    and (viii) any other topic deemed by the Department to be
11    important to ensuring quality of care.
12        (4) Quality assessment and improvement requirements
13    specific to a facility's residential psychiatric
14    rehabilitation services, which shall be made available to
15    the Department upon request. A facility shall be required
16    at a minimum to develop and maintain policies and
17    procedures that include, but need not be limited to,
18    evaluation of the appropriateness of resident admissions
19    based on the facility's capacity to meet specific needs,
20    resident assessments, development and implementation of
21    care plans, and discharge planning.
22        (5) Room selection and appropriateness of roommate
23    assignment.
24        (6) Comprehensive quarterly review of all treatment
25    plans for residents with serious mental illness by the
26    resident's interdisciplinary team, which takes into

 

 

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1    account, at a minimum, the resident's progress, prior
2    assessments, and treatment plan.
3        (7) Substance abuse screening and management and
4    documented referral relationships with certified substance
5    abuse treatment providers.
6        (8) Administration of psychotropic medications to a
7    resident with serious mental illness who is incapable of
8    giving informed consent, in compliance with the applicable
9    provisions of the Mental Health and Developmental
10    Disabilities Code.
11    (i) The Department shall establish a certification fee
12schedule by rule, in consultation with advocates, nursing
13homes, and representatives of associations representing long
14term care facilities. Rules proposed no later than July 1, 2011
15under this Section shall take effect 180 days after being
16approved by the Joint Committee on Administrative Rules.
 
17    Section 3-202.1. Weather or hazard alert system. The
18Department shall develop and implement a system of alerting and
19educating facilities and their personnel as to the existence or
20possibility of weather or other hazardous circumstances which
21may endanger resident health or safety and designating any
22precautions to prevent or minimize such danger. The Department
23may assist any facility experiencing difficulty in dealing with
24such emergencies. The Department may provide for announcement
25to the public of the dangers posed to facility residents by

 

 

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1such existing or potential weather or hazardous circumstances.
 
2    Section 3-202.5. Facility plan review; fees.
3    (a) Before commencing construction of a new facility or
4specified types of alteration or additions to an existing long
5term care facility involving major construction, as defined by
6rule by the Department, with an estimated cost greater than
7$100,000, architectural drawings and specifications for the
8facility shall be submitted to the Department for review and
9approval. A facility may submit architectural drawings and
10specifications for other construction projects for Department
11review according to subsection (b) that shall not be subject to
12fees under subsection (d). Review of drawings and
13specifications shall be conducted by an employee of the
14Department meeting the qualifications established by the
15Department of Central Management Services class specifications
16for such an individual's position or by a person contracting
17with the Department who meets those class specifications. Final
18approval of the drawings and specifications for compliance with
19design and construction standards shall be obtained from the
20Department before the alteration, addition, or new
21construction is begun.
22    (b) The Department shall inform an applicant in writing
23within 10 working days after receiving drawings and
24specifications and the required fee, if any, from the applicant
25whether the applicant's submission is complete or incomplete.

 

 

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1Failure to provide the applicant with this notice within 10
2working days shall result in the submission being deemed
3complete for purposes of initiating the 60 day review period
4under this Section. If the submission is incomplete, the
5Department shall inform the applicant of the deficiencies with
6the submission in writing. If the submission is complete the
7required fee, if any, has been paid, the Department shall
8approve or disapprove drawings and specifications submitted to
9the Department no later than 60 days following receipt by the
10Department. The drawings and specifications shall be of
11sufficient detail, as provided by Department rule, to enable
12the Department to render a determination of compliance with
13design and construction standards under this Act. If the
14Department finds that the drawings are not of sufficient detail
15for it to render a determination of compliance, the plans shall
16be determined to be incomplete and shall not be considered for
17purposes of initiating the 60 day review period. If a
18submission of drawings and specifications is incomplete, the
19applicant may submit additional information. The 60 day review
20period shall not commence until the Department determines that
21a submission of drawings and specifications is complete or the
22submission is deemed complete. If the Department has not
23approved or disapproved the drawings and specifications within
2460 days, the construction, major alteration, or addition shall
25be deemed approved. If the drawings and specifications are
26disapproved, the Department shall state in writing, with

 

 

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1specificity, the reasons for the disapproval. The entity
2submitting the drawings and specifications may submit
3additional information in response to the written comments from
4the Department or request a reconsideration of the disapproval.
5A final decision of approval or disapproval shall be made
6within 45 days of the receipt of the additional information or
7reconsideration request. If denied, the Department shall state
8the specific reasons for the denial.
9    (c) The Department shall provide written approval for
10occupancy pursuant to subsection (g) and shall not issue a
11violation to a facility as a result of a licensure or complaint
12survey based upon the facility's physical structure if:
13        (1) the Department reviewed and approved or deemed
14    approved the drawings and specifications for compliance
15    with design and construction standards;
16        (2) the construction, major alteration, or addition
17    was built as submitted;
18        (3) the law or rules have not been amended since the
19    original approval; and
20        (4) the conditions at the facility indicate that there
21    is a reasonable degree of safety provided for the
22    residents.
23    (d) The Department shall charge the following fees in
24connection with its reviews conducted before June 30, 2004
25under this Section:
26        (1) (Blank).

 

 

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1        (2) (Blank).
2        (3) If the estimated dollar value of the alteration,
3    addition, or new construction is $100,000 or more but less
4    than $500,000, the fee shall be the greater of $2,400 or
5    1.2% of that value.
6        (4) If the estimated dollar value of the alteration,
7    addition, or new construction is $500,000 or more but less
8    than $1,000,000, the fee shall be the greater of $6,000 or
9    0.96% of that value.
10        (5) If the estimated dollar value of the alteration,
11    addition, or new construction is $1,000,000 or more but
12    less than $5,000,000, the fee shall be the greater of
13    $9,600 or 0.22% of that value.
14        (6) If the estimated dollar value of the alteration,
15    addition, or new construction is $5,000,000 or more, the
16    fee shall be the greater of $11,000 or 0.11% of that value,
17    but shall not exceed $40,000. The fees provided in this
18    subsection (d) shall not apply to major construction
19    projects involving facility changes that are required by
20    Department rule amendments. The fees provided in this
21    subsection (d) shall also not apply to major construction
22    projects if 51% or more of the estimated cost of the
23    project is attributed to capital equipment. For major
24    construction projects where 51% or more of the estimated
25    cost of the project is attributed to capital equipment, the
26    Department shall by rule establish a fee that is reasonably

 

 

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1    related to the cost of reviewing the project. The
2    Department shall not commence the facility plan review
3    process under this Section until the applicable fee has
4    been paid.
5    (e) All fees received by the Department under this Section
6shall be deposited into the Health Facility Plan Review Fund, a
7special fund created in the State Treasury. All fees paid by
8long term care facilities under subsection (d) shall be used
9only to cover the costs relating to the Department's review of
10long term care facility projects under this Section. Moneys
11shall be appropriated from that Fund to the Department only to
12pay the costs of conducting reviews under this Section or under
13Section 3-202.5 of the Nursing Home Care Act. None of the
14moneys in the Health Facility Plan Review Fund shall be used to
15reduce the amount of General Revenue Fund moneys appropriated
16to the Department for facility plan reviews conducted pursuant
17to this Section.
18    (f) (Blank).
19    (g) The Department shall conduct an on site inspection of
20the completed project no later than 30 days after notification
21from the applicant that the project has been completed and all
22certifications required by the Department have been received
23and accepted by the Department. The Department shall provide
24written approval for occupancy to the applicant within 5
25working days of the Department's final inspection, provided the
26applicant has demonstrated substantial compliance as defined

 

 

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1by Department rule. Occupancy of new major construction is
2prohibited until Department approval is received, unless the
3Department has not acted within the time frames provided in
4this subsection (g), in which case the construction shall be
5deemed approved. Occupancy shall be authorized after any
6required health inspection by the Department has been
7conducted.
8    (h) The Department shall establish, by rule, a procedure to
9conduct interim on site review of large or complex construction
10projects.
11    (i) The Department shall establish, by rule, an expedited
12process for emergency repairs or replacement of like equipment.
13    (j) Nothing in this Section shall be construed to apply to
14maintenance, upkeep, or renovation that does not affect the
15structural integrity of the building, does not add beds or
16services over the number for which the long term care facility
17is licensed, and provides a reasonable degree of safety for the
18residents.
 
19    Section 3-203. Standards for persons with mental illness.
20In licensing any facility for persons with a mental illness,
21the Department shall consult with the Department of Human
22Services in developing minimum standards for such persons.
 
23    Section 3-204. License classifications. In addition to the
24authority to prescribe minimum standards, the Department may

 

 

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1adopt license classifications of facilities according to the
2levels of service, and if license classification is adopted the
3applicable minimum standards shall define the classification.
4In adopting classification of the license of facilities, the
5Department may give recognition to the classification of
6services defined or prescribed by federal statute or federal
7rule or regulation. More than one classification of the license
8may be issued to the same facility when the prescribed minimum
9standards and regulations are met.
 
10    Section 3-205. Municipalities; license classifications.
11Where licensing responsibilities are performed by a city,
12village or incorporated town, the municipality shall use the
13same classifications as the Department; and a facility may not
14be licensed for a different classification by the Department
15than by the municipality.
 
16    Section 3-206. Nursing assistants, habilitation aids, and
17child care aides. The Department shall prescribe a curriculum
18for training nursing assistants, habilitation aides, and child
19care aides.
20    (a) No person, except a volunteer who receives no
21compensation from a facility and is not included for the
22purpose of meeting any staffing requirements set forth by the
23Department, shall act as a nursing assistant, habilitation
24aide, or child care aide in a facility, nor shall any person,

 

 

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1under any other title, not licensed, certified, or registered
2to render medical care by the Department of Professional
3Regulation, assist with the personal, medical, or nursing care
4of residents in a facility, unless such person meets the
5following requirements:
6        (1) Be at least 16 years of age, of temperate habits
7    and good moral character, honest, reliable, and
8    trustworthy.
9        (2) Be able to speak and understand the English
10    language or a language understood by a substantial
11    percentage of the facility's residents.
12        (3) Provide evidence of employment or occupation, if
13    any, and residence for 2 years prior to his or her present
14    employment.
15        (4) Have completed at least 8 years of grade school or
16    provide proof of equivalent knowledge.
17        (5) Begin a current course of training for nursing
18    assistants, habilitation aides, or child care aides,
19    approved by the Department, within 45 days of initial
20    employment in the capacity of a nursing assistant,
21    habilitation aide, or child care aide at any facility. Such
22    courses of training shall be successfully completed within
23    120 days of initial employment in the capacity of nursing
24    assistant, habilitation aide, or child care aide at a
25    facility. Nursing assistants, habilitation aides, and
26    child care aides who are enrolled in approved courses in

 

 

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1    community colleges or other educational institutions on a
2    term, semester, or trimester basis shall be exempt from the
3    120-day completion time limit. The Department shall adopt
4    rules for such courses of training. These rules shall
5    include procedures for facilities to carry on an approved
6    course of training within the facility.
7        The Department may accept comparable training in lieu
8    of the 120-hour course for student nurses, foreign nurses,
9    military personnel, or employes of the Department of Human
10    Services.
11        The facility shall develop and implement procedures,
12    which shall be approved by the Department, for an ongoing
13    review process, which shall take place within the facility,
14    for nursing assistants, habilitation aides, and child care
15    aides.
16        At the time of each regularly scheduled licensure
17    survey, or at the time of a complaint investigation, the
18    Department may require any nursing assistant, habilitation
19    aide, or child care aide to demonstrate, either through
20    written examination or action, or both, sufficient
21    knowledge in all areas of required training. If such
22    knowledge is inadequate, the Department shall require the
23    nursing assistant, habilitation aide, or child care aide to
24    complete inservice training and review in the facility
25    until the nursing assistant, habilitation aide, or child
26    care aide demonstrates to the Department, either through

 

 

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1    written examination or action, or both, sufficient
2    knowledge in all areas of required training.
3        (6) Be familiar with and have general skills related to
4    resident care.
5    (a-0.5) An educational entity, other than a secondary
6school, conducting a nursing assistant, habilitation aide, or
7child care aide training program shall initiate a criminal
8history record check in accordance with the Health Care Worker
9Background Check Act prior to entry of an individual into the
10training program. A secondary school may initiate a criminal
11history record check in accordance with the Health Care Worker
12Background Check Act at any time during or after a training
13program.
14    (a-1) Nursing assistants, habilitation aides, or child
15care aides seeking to be included on the registry maintained
16under Section 3-206.01 must authorize the Department of Public
17Health or its designee to request a criminal history record
18check in accordance with the Health Care Worker Background
19Check Act and submit all necessary information. An individual
20may not newly be included on the registry unless a criminal
21history record check has been conducted with respect to the
22individual.
23    (b) Persons subject to this Section shall perform their
24duties under the supervision of a licensed nurse.
25    (c) It is unlawful for any facility to employ any person in
26the capacity of nursing assistant, habilitation aide, or child

 

 

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1care aide, or under any other title, not licensed by the State
2of Illinois to assist in the personal, medical, or nursing care
3of residents in such facility unless such person has complied
4with this Section.
5    (d) Proof of compliance by each employee with the
6requirements set out in this Section shall be maintained for
7each such employee by each facility in the individual personnel
8folder of the employee. Proof of training shall be obtained
9only from the health care worker registry.
10    (e) Each facility shall obtain access to the health care
11worker registry's web application, maintain the employment and
12demographic information relating to each employee, and verify
13by the category and type of employment that each employee
14subject to this Section meets all the requirements of this
15Section.
16    (f) Any facility that is operated under Section 3-803 shall
17be exempt from the requirements of this Section.
18    (g) Each skilled nursing and intermediate care facility
19that admits persons who are diagnosed as having Alzheimer's
20disease or related dementias shall require all nursing
21assistants, habilitation aides, or child care aides, who did
22not receive 12 hours of training in the care and treatment of
23such residents during the training required under paragraph (5)
24of subsection (a), to obtain 12 hours of in-house training in
25the care and treatment of such residents. If the facility does
26not provide the training in-house, the training shall be

 

 

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1obtained from other facilities, community colleges, or other
2educational institutions that have a recognized course for such
3training. The Department shall, by rule, establish a recognized
4course for such training. The Department's rules shall provide
5that such training may be conducted in-house at each facility
6subject to the requirements of this subsection, in which case
7such training shall be monitored by the Department.
8    The Department's rules shall also provide for
9circumstances and procedures whereby any person who has
10received training that meets the requirements of this
11subsection shall not be required to undergo additional training
12if he or she is transferred to or obtains employment at a
13different facility or a facility other than a long-term care
14facility but remains continuously employed for pay as a nursing
15assistant, habilitation aide, or child care aide. Individuals
16who have performed no nursing or nursing-related services for a
17period of 24 consecutive months shall be listed as "inactive"
18and, as such, do not meet the requirements of this Section.
19Licensed sheltered care facilities shall be exempt from the
20requirements of this Section.
 
21    Section 3-206.01. Health care worker registry.
22    (a) The Department shall include in the registry
23established under Section 3-206.01 of the Nursing Home Care Act
24all individuals who (i) have satisfactorily completed the
25training required by Section 3-206 of this Act, (ii) have begun

 

 

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1a current course of training as set forth in Section 3-206 of
2this Act, or (iii) are otherwise acting as a nursing assistant,
3habilitation aide, home health aide, psychiatric services
4rehabilitation aide, or child care aide. Any individual placed
5on the registry is required to inform the Department of any
6change of address within 30 days. A facility shall not employ
7an individual as a nursing assistant, habilitation aide, home
8health aide, psychiatric services rehabilitation aide, or
9child care aide, or newly hired as an individual who may have
10access to a resident, a resident's living quarters, or a
11resident's personal, financial, or medical records, unless the
12facility has inquired of the Department's health care worker
13registry as to information in the registry concerning the
14individual. The facility shall not employ an individual as a
15nursing assistant, habilitation aide, or child care aide if
16that individual is not on the registry unless the individual is
17enrolled in a training program under paragraph (5) of
18subsection (a) of Section 3-206 of this Act.
19    If the Department finds that a nursing assistant,
20habilitation aide, home health aide, psychiatric services
21rehabilitation aide, or child care aide, or an unlicensed
22individual, has abused or neglected a resident or an individual
23under his or her care or misappropriated property of a resident
24or an individual under his or her care, the Department shall
25notify the individual of this finding by certified mail sent to
26the address contained in the registry. The notice shall give

 

 

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1the individual an opportunity to contest the finding in a
2hearing before the Department or to submit a written response
3to the findings in lieu of requesting a hearing. If, after a
4hearing or if the individual does not request a hearing, the
5Department finds that the individual abused a resident,
6neglected a resident, or misappropriated resident property in a
7facility, the finding shall be included as part of the registry
8as well as a clear and accurate summary from the individual, if
9he or she chooses to make such a statement. The Department
10shall make the following information in the registry available
11to the public: an individual's full name; the date an
12individual successfully completed a nurse aide training or
13competency evaluation; and whether the Department has made a
14finding that an individual has been guilty of abuse or neglect
15of a resident or misappropriation of resident property. In the
16case of inquiries to the registry concerning an individual
17listed in the registry, any information disclosed concerning
18such a finding shall also include disclosure of the
19individual's statement in the registry relating to the finding
20or a clear and accurate summary of the statement.
21    (b) The Department shall add to the health care worker
22registry records of findings as reported by the Inspector
23General or remove from the health care worker registry records
24of findings as reported by the Department of Human Services,
25under subsection (g-5) of Section 1-17 of the Department of
26Human Services Act.
 

 

 

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1    Section 3-206.02. Designation on registry for offense.
2    (a) The Department, after notice to the nursing assistant,
3habilitation aide, home health aide, psychiatric services
4rehabilitation aide, or child care aide, may designate that the
5Department has found any of the following:
6        (1) The nursing assistant, habilitation aide, home
7    health aide, psychiatric services rehabilitation aide, or
8    child care aide has abused a resident.
9        (2) The nursing assistant, habilitation aide, home
10    health aide, psychiatric services rehabilitation aide, or
11    child care aide has neglected a resident.
12        (3) The nursing assistant, habilitation aide, home
13    health aide, psychiatric services rehabilitation aide, or
14    child care aide has misappropriated resident property.
15        (4) The nursing assistant, habilitation aide, home
16    health aide, psychiatric services rehabilitation aide, or
17    child care aide has been convicted of (i) a felony, (ii) a
18    misdemeanor, an essential element of which is dishonesty,
19    or (iii) any crime that is directly related to the duties
20    of a nursing assistant, habilitation aide, or child care
21    aide.
22    (b) Notice under this Section shall include a clear and
23concise statement of the grounds denoting abuse, neglect, or
24theft and notice of the opportunity for a hearing to contest
25the designation.

 

 

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1    (c) The Department may denote any nursing assistant,
2habilitation aide, home health aide, psychiatric services
3rehabilitation aide, or child care aide on the registry who
4fails (i) to file a return, (ii) to pay the tax, penalty or
5interest shown in a filed return, or (iii) to pay any final
6assessment of tax, penalty or interest, as required by any tax
7Act administered by the Illinois Department of Revenue, until
8the time the requirements of the tax Act are satisfied.
9    (c-1) The Department shall document criminal background
10check results pursuant to the requirements of the Health Care
11Worker Background Check Act.
12    (d) At any time after the designation on the registry
13pursuant to subsection (a), (b), or (c) of this Section, a
14nursing assistant, habilitation aide, home health aide,
15psychiatric services rehabilitation aide, or child care aide
16may petition the Department for removal of a designation of
17neglect on the registry. The Department may remove the
18designation of neglect of the nursing assistant, habilitation
19aide, home health aide, psychiatric services rehabilitation
20aide, or child care aide on the registry unless, after an
21investigation and a hearing, the Department determines that
22removal of designation is not in the public interest.
 
23    Section 3-206.03. Resident attendants.
24    (a) As used in this Section, "resident attendant" means an
25individual who assists residents in a facility with the

 

 

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1following activities:
2        (1) eating and drinking; and
3        (2) personal hygiene limited to washing a resident's
4    hands and face, brushing and combing a resident's hair,
5    oral hygiene, shaving residents with an electric razor, and
6    applying makeup.
7    The term "resident attendant" does not include an
8individual who:
9        (1) is a licensed health professional or a registered
10    dietitian;
11        (2) volunteers without monetary compensation;
12        (3) is a nurse assistant; or
13        (4) performs any nursing or nursing related services
14    for residents of a facility.
15    (b) A facility may employ resident attendants to assist the
16nurse aides with the activities authorized under subsection
17(a). The resident attendants shall not count in the minimum
18staffing requirements under rules implementing this Act.
19    (c) A facility may not use on a full time or other paid
20basis any individual as a resident attendant in the facility
21unless the individual:
22        (1) has completed a training and competency evaluation
23    program encompassing the tasks the individual provides;
24    and
25        (2) is competent to provide feeding, hydration, and
26    personal hygiene services.

 

 

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1    (d) The training and competency evaluation program may be
2facility based. It may include one or more of the following
3units:
4        (1) A feeding unit that is a maximum of 5 hours in
5    length.
6        (2) A hydration unit that is a maximum of 3 hours in
7    length.
8        (3) A personal hygiene unit that is a maximum of 5
9    hours in length. These programs must be reviewed and
10    approved by the Department every 2 years.
11    (f) A person seeking employment as a resident attendant is
12subject to the Health Care Worker Background Check Act.
 
13    Section 3-206.05. Safe resident handling policy.
14    (a) In this Section:
15        "Health care worker" means an individual providing
16    direct resident care services who may be required to lift,
17    transfer, reposition, or move a resident.
18         "Nurse" means an advanced practice nurse, a registered
19    nurse, or a licensed practical nurse licensed under the
20    Nurse Practice Act.
21    (b) A facility must adopt and ensure implementation of a
22policy to identify, assess, and develop strategies to control
23risk of injury to residents and nurses and other health care
24workers associated with the lifting, transferring,
25repositioning, or movement of a resident. The policy shall

 

 

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1establish a process that, at a minimum, includes all of the
2following:
3        (1) Analysis of the risk of injury to residents and
4    nurses and other health care workers taking into account
5    the resident handling needs of the resident populations
6    served by the facility and the physical environment in
7    which the resident handling and movement occurs.
8        (2) Education of nurses in the identification,
9    assessment, and control of risks of injury to residents and
10    nurses and other health care workers during resident
11    handling.
12        (3) Evaluation of alternative ways to reduce risks
13    associated with resident handling, including evaluation of
14    equipment and the environment.
15        (4) Restriction, to the extent feasible with existing
16    equipment and aids, of manual resident handling or movement
17    of all or most of a resident's weight except for emergency,
18    life-threatening, or otherwise exceptional circumstances.
19        (5) Procedures for a nurse to refuse to perform or be
20    involved in resident handling or movement that the nurse in
21    good faith believes will expose a resident or nurse or
22    other health care worker to an unacceptable risk of injury.
23        (6) Development of strategies to control risk of injury
24    to residents and nurses and other health care workers
25    associated with the lifting, transferring, repositioning,
26    or movement of a resident.

 

 

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1        (7) In developing architectural plans for construction
2    or remodeling of a facility or unit of a facility in which
3    resident handling and movement occurs, consideration of
4    the feasibility of incorporating resident handling
5    equipment or the physical space and construction design
6    needed to incorporate that equipment.
 
7    Section 3-206.1. Transfer of ownership following
8suspension or revocation; discussion with new owner. Whenever
9ownership of a private facility is transferred to another
10private owner following a final order for a suspension or
11revocation of the facility's license, the Department shall
12discuss with the new owner all noted problems associated with
13the facility and shall determine what additional training, if
14any, is needed for the direct care staff.
 
15    Section 3-207. Statement of ownership.    
16    (a) As a condition of the issuance or renewal of the
17license of any facility, the applicant shall file a statement
18of ownership. The applicant shall update the information
19required in the statement of ownership within 10 days of any
20change.
21    (b) The statement of ownership shall include the following:
22        (1) The name, address, telephone number, occupation or
23    business activity, business address and business telephone
24    number of the person who is the owner of the facility and

 

 

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1    every person who owns the building in which the facility is
2    located, if other than the owner of the facility, which is
3    the subject of the application or license; and if the owner
4    is a partnership or corporation, the name of every partner
5    and stockholder of the owner;
6        (2) The name and address of any facility, whereever
7    located, any financial interest in which is owned by the
8    applicant, if the facility were required to be licensed if
9    it were located in this State;
10        (3) Other information necessary to determine the
11    identity and qualifications of an applicant or licensee to
12    operate a facility in accordance with this Act as required
13    by the Department in regulations.
14    (c) The information in the statement of ownership shall be
15public information and shall be available from the Department.
 
16    Section 3-208. Annual financial statement.
17    (a) Each licensee shall file annually, or more often as the
18Director shall by rule prescribe an attested financial
19statement. The Director may order an audited financial
20statement of a particular facility by an auditor of the
21Director's choice, provided the cost of such audit is paid by
22the Department.
23    (b) No public funds shall be expended for the maintenance
24of any resident in a facility which has failed to file the
25financial statement required under this Section and no public

 

 

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1funds shall be paid to or on behalf of a facility which has
2failed to file a statement.
3    (c) The Director of Public Health and the Director of
4Healthcare and Family Services shall promulgate under Sections
53-801 and 3-802, one set of regulations for the filing of these
6financial statements, and shall provide in these regulations
7for forms, required information, intervals and dates of filing
8and such other provisions as they may deem necessary.
9    (d) The Director of Public Health and the Director of
10Healthcare and Family Services shall seek the advice and
11comments of other State and federal agencies which require the
12submission of financial data from facilities licensed under
13this Act and shall incorporate the information requirements of
14these agencies so as to impose the least possible burden on
15licensees. No other State agency may require submission of
16financial data except as expressly authorized by law or as
17necessary to meet requirements of federal statutes or
18regulations. Information obtained under this Section shall be
19made available, upon request, by the Department to any other
20State agency or legislative commission to which such
21information is necessary for investigations or required for the
22purposes of State or federal law or regulation.
 
23    Section 3-209. Posting of information.    Every facility
24shall conspicuously post for display in an area of its offices
25accessible to residents, employees, and visitors the

 

 

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1following:
2        (1) Its current license;
3        (2) A description, provided by the Department, of
4    complaint procedures established under this Act and the
5    name, address, and telephone number of a person authorized
6    by the Department to receive complaints;
7        (3) A copy of any order pertaining to the facility
8    issued by the Department or a court; and
9        (4) A list of the material available for public
10    inspection under Section 3-210.
 
11    Section 3-210. Materials for public inspection.
12    A facility shall retain the following for public
13inspection:
14        (1) A complete copy of every inspection report of the
15    facility received from the Department during the past 5
16    years;
17        (2) A copy of every order pertaining to the facility
18    issued by the Department or a court during the past 5
19    years;
20        (3) A description of the services provided by the
21    facility and the rates charged for those services and items
22    for which a resident may be separately charged;
23        (4) A copy of the statement of ownership required by
24    Section 3-207;
25        (5) A record of personnel employed or retained by the

 

 

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1    facility who are licensed, certified or registered by the
2    Department of Financial and Professional Regulation (as
3    successor to the Department of Professional Regulation);
4        (6) A complete copy of the most recent inspection
5    report of the facility received from the Department; and
6        (7) A copy of the current Consumer Choice Information
7    Report required by Section 2-214.
 
8    Section 3-211. No State or federal funds to unlicensed
9facility. No State or federal funds which are appropriated by
10the General Assembly or which pass through the General Revenue
11Fund or any special fund in the State Treasury shall be paid to
12a facility not having a license issued under this Act.
 
13    Section 3-212. Inspection of facility by Department;
14report.
15    (a) The Department, whenever it deems necessary in
16accordance with subsection (b), shall inspect, survey and
17evaluate every facility to determine compliance with
18applicable licensure requirements and standards. Submission of
19a facility's current Consumer Choice Information Report
20required by Section 2-214 shall be verified at the time of
21inspection. An inspection should occur within 120 days prior to
22license renewal. The Department may periodically visit a
23facility for the purpose of consultation. An inspection,
24survey, or evaluation, other than an inspection of financial

 

 

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1records, shall be conducted without prior notice to the
2facility. A visit for the sole purpose of consultation may be
3announced. The Department shall provide training to surveyors
4about the appropriate assessment, care planning, and care of
5persons with mental illness (other than Alzheimer's disease or
6related disorders) to enable its surveyors to determine whether
7a facility is complying with State and federal requirements
8about the assessment, care planning, and care of those persons.
9    (a-1) An employee of a State or unit of local government
10agency charged with inspecting, surveying, and evaluating
11facilities who directly or indirectly gives prior notice of an
12inspection, survey, or evaluation, other than an inspection of
13financial records, to a facility or to an employee of a
14facility is guilty of a Class A misdemeanor. An inspector or an
15employee of the Department who intentionally prenotifies a
16facility, orally or in writing, of a pending complaint
17investigation or inspection shall be guilty of a Class A
18misdemeanor. Superiors of persons who have prenotified a
19facility shall be subject to the same penalties, if they have
20knowingly allowed the prenotification. A person found guilty of
21prenotifying a facility shall be subject to disciplinary action
22by his or her employer. If the Department has a good faith
23belief, based upon information that comes to its attention,
24that a violation of this subsection has occurred, it must file
25a complaint with the Attorney General or the State's Attorney
26in the county where the violation took place within 30 days

 

 

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1after discovery of the information.
2    (a-2) An employee of a State or unit of local government
3agency charged with inspecting, surveying, or evaluating
4facilities who willfully profits from violating the
5confidentiality of the inspection, survey, or evaluation
6process shall be guilty of a Class 4 felony and that conduct
7shall be deemed unprofessional conduct that may subject a
8person to loss of his or her professional license. An action to
9prosecute a person for violating this subsection (a-2) may be
10brought by either the Attorney General or the State's Attorney
11in the county where the violation took place.
12    (b) In determining whether to make more than the required
13number of unannounced inspections, surveys and evaluations of a
14facility the Department shall consider one or more of the
15following: previous inspection reports; the facility's history
16of compliance with standards, rules and regulations
17promulgated under this Act and correction of violations,
18penalties or other enforcement actions; the number and severity
19of complaints received about the facility; any allegations of
20resident abuse or neglect; weather conditions; health
21emergencies; other reasonable belief that deficiencies exist.
22     (b-1) The Department shall not be required to determine
23whether a facility certified to participate in the Medicare
24program under Title XVIII of the Social Security Act, or the
25Medicaid program under Title XIX of the Social Security Act,
26and which the Department determines by inspection under this

 

 

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1Section or under Section 3-702 of this Act to be in compliance
2with the certification requirements of Title XVIII or XIX, is
3in compliance with any requirement of this Act that is less
4stringent than or duplicates a federal certification
5requirement. In accordance with subsection (a) of this Section
6or subsection (d) of Section 3-702, the Department shall
7determine whether a certified facility is in compliance with
8requirements of this Act that exceed federal certification
9requirements. If a certified facility is found to be out of
10compliance with federal certification requirements, the
11results of an inspection conducted pursuant to Title XVIII or
12XIX of the Social Security Act may be used as the basis for
13enforcement remedies authorized and commenced, with the
14Department's discretion to evaluate whether penalties are
15warranted, under this Act. Enforcement of this Act against a
16certified facility shall be commenced pursuant to the
17requirements of this Act, unless enforcement remedies sought
18pursuant to Title XVIII or XIX of the Social Security Act
19exceed those authorized by this Act. As used in this
20subsection, "enforcement remedy" means a sanction for
21violating a federal certification requirement or this Act.
22    (c) Upon completion of each inspection, survey and
23evaluation, the appropriate Department personnel who conducted
24the inspection, survey or evaluation shall submit a copy of
25their report to the licensee upon exiting the facility, and
26shall submit the actual report to the appropriate regional

 

 

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1office of the Department. Such report and any recommendations
2for action by the Department under this Act shall be
3transmitted to the appropriate offices of the associate
4director of the Department, together with related comments or
5documentation provided by the licensee which may refute
6findings in the report, which explain extenuating
7circumstances that the facility could not reasonably have
8prevented, or which indicate methods and timetables for
9correction of deficiencies described in the report. Without
10affecting the application of subsection (a) of Section 3-303,
11any documentation or comments of the licensee shall be provided
12within 10 days of receipt of the copy of the report. Such
13report shall recommend to the Director appropriate action under
14this Act with respect to findings against a facility. The
15Director shall then determine whether the report's findings
16constitute a violation or violations of which the facility must
17be given notice. Such determination shall be based upon the
18severity of the finding, the danger posed to resident health
19and safety, the comments and documentation provided by the
20facility, the diligence and efforts to correct deficiencies,
21correction of the reported deficiencies, the frequency and
22duration of similar findings in previous reports and the
23facility's general inspection history. Violations shall be
24determined under this subsection no later than 90 days after
25completion of each inspection, survey and evaluation.
26    (d) The Department shall maintain all inspection, survey

 

 

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1and evaluation reports for at least 5 years in a manner
2accessible to and understandable by the public.
3    (e) The Department shall conduct a revisit to its licensure
4and certification surveys, consistent with federal regulations
5and guidelines.
 
6    Section 3-213. Periodic reports to Department. The
7Department shall require periodic reports and shall have access
8to and may reproduce or photocopy at its cost any books,
9records, and other documents maintained by the facility to the
10extent necessary to carry out this Act and the rules
11promulgated under this Act. The Department shall not divulge or
12disclose the contents of a record under this Section in
13violation of Section 2-206 or as otherwise prohibited by this
14Act.
 
15    Section 3-214. Consent to Department inspection. Any
16holder of a license or applicant for a license shall be deemed
17to have given consent to any authorized officer, employee or
18agent of the Department to enter and inspect the facility in
19accordance with this Article. Refusal to permit such entry or
20inspection shall constitute grounds for denial, nonrenewal or
21revocation of a license as provided in Section 3-117 or 3-119
22of this Act.
 
23    Section 3-215. Annual report on facility by Department. The

 

 

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1Department shall make at least one report on each facility in
2the State annually, unless the facility has been issued a
32-year license under subsection (b) of Section 3-110 for which
4the report shall be made every 2-years. All conditions and
5practices not in compliance with applicable standards within
6the report period shall be specifically stated. If a violation
7is corrected or is subject to an approved plan of correction,
8the same shall be specified in the report. The Department shall
9send a copy to any person on receiving a written request. The
10Department may charge a reasonable fee to cover copying costs.
 
11
PART 3. VIOLATIONS AND PENALTIES

 
12    Section 3-301. Notice of violation of Act or rules. If
13after receiving the report specified in subsection (c) of
14Section 3-212 the Director or his or her designee determines
15that a facility is in violation of this Act or of any rule
16promulgated thereunder, the Director or his or her designee
17shall serve a notice of violation upon the licensee within 10
18days thereafter. Each notice of violation shall be prepared in
19writing and shall specify the nature of the violation, and the
20statutory provision or rule alleged to have been violated. The
21notice shall inform the licensee of any action the Department
22may take under the Act, including the requirement of a facility
23plan of correction under Section 3-303; placement of the
24facility on a list prepared under Section 3-304; assessment of

 

 

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1a penalty under Section 3-305; a conditional license under
2Sections 3-311 through 3-317; or license suspension or
3revocation under Section 3-119. The Director or his or her
4designee shall also inform the licensee of rights to a hearing
5under Section 3-703.
 
6    Section 3-302. Each day a separate violation. Each day the
7violation exists after the date upon which a notice of
8violation is served under Section 3-301 shall constitute a
9separate violation for purposes of assessing penalties or fines
10under Section 3-305. The submission of a plan of correction
11pursuant to subsection (b) of Section 3-303 does not prohibit
12or preclude the Department from assessing penalties or fines
13pursuant to Section 3-305 for those violations found to be
14valid except as provided under Section 3-308 in relation to
15Type "B" violations. No penalty or fine may be assessed for a
16condition for which the facility has received a variance or
17waiver of a standard.
 
18    Section 3-303. Correction of violations; hearing.
19    (a) The situation, condition or practice constituting a
20Type "AA" violation or a Type "A" violation shall be abated or
21eliminated immediately unless a fixed period of time, not
22exceeding 15 days, as determined by the Department and
23specified in the notice of violation, is required for
24correction.

 

 

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1    (b) At the time of issuance of a notice of a Type "B"
2violation, the Department shall request a plan of correction
3which is subject to the Department's approval. The facility
4shall have 10 days after receipt of notice of violation in
5which to prepare and submit a plan of correction. The
6Department may extend this period up to 30 days where
7correction involves substantial capital improvement. The plan
8shall include a fixed time period not in excess of 90 days
9within which violations are to be corrected. If the Department
10rejects a plan of correction, it shall send notice of the
11rejection and the reason for the rejection to the facility. The
12facility shall have 10 days after receipt of the notice of
13rejection in which to submit a modified plan. If the modified
14plan is not timely submitted, or if the modified plan is
15rejected, the facility shall follow an approved plan of
16correction imposed by the Department.
17    (c) If the violation has been corrected prior to submission
18and approval of a plan of correction, the facility may submit a
19report of correction in place of a plan of correction. Such
20report shall be signed by the administrator under oath.
21    (d) Upon a licensee's petition, the Department shall
22determine whether to grant a licensee's request for an extended
23correction time. Such petition shall be served on the
24Department prior to expiration of the correction time
25originally approved. The burden of proof is on the petitioning
26facility to show good cause for not being able to comply with

 

 

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1the original correction time approved.
2    (e) If a facility desires to contest any Department action
3under this Section it shall send a written request for a
4hearing under Section 3-703 to the Department within 10 days of
5receipt of notice of the contested action. The Department shall
6commence the hearing as provided under Section 3-703. Whenever
7possible, all action of the Department under this Section
8arising out of a violation shall be contested and determined at
9a single hearing. Issues decided after a hearing may not be
10reheard at subsequent hearings under this Section.
 
11    Section 3-303.1. Waiver of facility's compliance with rule
12or standard. Upon application by a facility, the Director may
13grant or renew the waiver of the facility's compliance with a
14rule or standard for a period not to exceed the duration of the
15current license or, in the case of an application for license
16renewal, the duration of the renewal period. The waiver may be
17conditioned upon the facility taking action prescribed by the
18Director as a measure equivalent to compliance. In determining
19whether to grant or renew a waiver, the Director shall consider
20the duration and basis for any current waiver with respect to
21the same rule or standard and the validity and effect upon
22patient health and safety of extending it on the same basis,
23the effect upon the health and safety of residents, the quality
24of resident care, the facility's history of compliance with the
25rules and standards of this Act and the facility's attempts to

 

 

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1comply with the particular rule or standard in question. The
2Department may provide, by rule, for the automatic renewal of
3waivers concerning physical plant requirements upon the
4renewal of a license. The Department shall renew waivers
5relating to physical plant standards issued pursuant to this
6Section at the time of the indicated reviews, unless it can
7show why such waivers should not be extended for the following
8reasons:
9    (a) the condition of the physical plant has deteriorated or
10its use substantially changed so that the basis upon which the
11waiver was issued is materially different; or
12    (b) the facility is renovated or substantially remodeled in
13such a way as to permit compliance with the applicable rules
14and standards without substantial increase in cost. A copy of
15each waiver application and each waiver granted or renewed
16shall be on file with the Department and available for public
17inspection. The Director shall annually review such file and
18recommend any modification in rules or standards suggested by
19the number and nature of waivers requested and granted and the
20difficulties faced in compliance by similarly situated
21facilities.
 
22    Section 3-303.2. Administrative warning.
23    (a) If the Department finds a situation, condition or
24practice which violates this Act or any rule promulgated
25thereunder that does not constitute a Type "AA", Type "A", Type

 

 

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1"B", or Type "C" violation, the Department shall issue an
2administrative warning. Any administrative warning shall be
3served upon the facility in the same manner as the notice of
4violation under Section 3-301. The facility shall be
5responsible for correcting the situation, condition or
6practice; however, no written plan of correction need be
7submitted for an administrative warning, except for violations
8of Sections 3-401 through 3-413 or the rules promulgated
9thereunder. A written plan of correction is required to be
10filed for an administrative warning issued for violations of
11Sections 3-401 through 3-413 or the rules promulgated
12thereunder.
13    (b) If, however, the situation, condition or practice which
14resulted in the issuance of an administrative warning, with the
15exception of administrative warnings issued pursuant to
16Sections 3-401 through 3-413 or the rules promulgated
17thereunder, is not corrected by the next on site inspection by
18the Department which occurs no earlier than 90 days from the
19issuance of the administrative warning, a written plan of
20correction must be submitted in the same manner as provided in
21subsection (b) of Section 3-303.
 
22    Section 3-304. Quarterly list of facilities against which
23Department has taken action.
24    (a) The Department shall prepare on a quarterly basis a
25list containing the names and addresses of all facilities

 

 

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1against which the Department during the previous quarter has:
2        (1) sent a notice under Section 3-307 regarding a
3    penalty assessment under subsection (1) of Section 3-305;
4        (2) sent a notice of license revocation under Section
5    3-119;
6        (3) sent a notice refusing renewal of a license under
7    Section 3-119;
8        (4) sent a notice to suspend a license under Section
9    3-119;
10        (5) issued a conditional license for violations that
11    have not been corrected under Section 3-303 or penalties or
12    fines described under Section 3-305 have been assessed
13    under Section 3-307 or 3-308;
14        (6) placed a monitor under subsections (a), (b) and (c)
15    of Section 3-501 and under subsection (d) of such Section
16    where license revocation or nonrenewal notices have also
17    been issued;
18        (7) initiated an action to appoint a receiver;
19        (8) recommended to the Director of Healthcare and
20    Family Services, or the Secretary of the United States
21    Department of Health and Human Services, the
22    decertification for violations in relation to patient care
23    of a facility pursuant to Titles XVIII and XIX of the
24    federal Social Security Act.
25    (b) In addition to the name and address of the facility,
26the list shall include the name and address of the person or

 

 

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1licensee against whom the action has been initiated, a self
2explanatory summary of the facts which warranted the initiation
3of each action, the type of action initiated, the date of the
4initiation of the action, the amount of the penalty sought to
5be assessed, if any, and the final disposition of the action,
6if completed.
7    (c) The list shall be available to any member of the public
8upon oral or written request without charge.
 
9    Section 3-304.1. Public computer access to information.
10    (a) The Department must make information regarding nursing
11homes in the State available to the public in electronic form
12on the World Wide Web, including all of the following
13information:
14        (1) who regulates facilities licensed under this Act;
15        (2) information in the possession of the Department
16    that is listed in Sections 3-210 and 3-304;
17        (3) deficiencies and plans of correction;
18        (4) enforcement remedies;
19        (5) penalty letters;
20        (6) designation of penalty monies;
21        (7) the U.S. Department of Health and Human Services'
22    Health Care Financing Administration special projects or
23    federally required inspections;
24        (8) advisory standards;
25        (9) deficiency free surveys;

 

 

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1        (10) enforcement actions and enforcement summaries;
2    and
3        (11) distressed facilities.
4    (b) No fee or other charge may be imposed by the Department
5as a condition of accessing the information.
6    (c) The electronic public access provided through the World
7Wide Web shall be in addition to any other electronic or print
8distribution of the information.
9    (d) The information shall be made available as provided in
10this Section in the shortest practicable time after it is
11publicly available in any other form.
 
12    Section 3-304.2. Designation of distressed facilities.
13    (a) By August 1, 2011, and quarterly thereafter, the
14Department shall generate and publish quarterly a list of
15distressed facilities. Criteria for inclusion of certified
16facilities on the list shall be those used by the U.S. General
17Accounting Office in report 9-689, until such time as the
18Department by rule modifies the criteria.
19    (b) In deciding whether and how to modify the criteria used
20by the General Accounting Office, the Department shall complete
21a test run of any substitute criteria to determine their
22reliability by comparing the number of facilities identified as
23distressed against the number of distressed facilities
24generated using the criteria contained in the General
25Accounting Office report. The Department may not adopt

 

 

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1substitute criteria that generate fewer facilities with a
2distressed designation than are produced by the General
3Accounting Office criteria during the test run.
4    (c) The Department shall, by rule, adopt criteria to
5identify non-Medicaid-certified facilities that are distressed
6and shall publish this list quarterly beginning October 1,
72011.
8    (d) The Department shall notify each facility of its
9distressed designation, and of the calculation on which it is
10based.
11    (e) A distressed facility may contract with an independent
12consultant meeting criteria established by the Department. If
13the distressed facility does not seek the assistance of an
14independent consultant, the Department shall place a monitor or
15a temporary manager in the facility, depending on the
16Department's assessment of the condition of the facility.
17    (f) A facility that has been designated a distressed
18facility may contract with an independent consultant to develop
19and assist in the implementation of a plan of improvement to
20bring and keep the facility in compliance with this Act and, if
21applicable, with federal certification requirements. A
22facility that contracts with an independent consultant shall
23have 90 days to develop a plan of improvement and demonstrate a
24good faith effort at implementation, and another 90 days to
25achieve compliance and take whatever additional actions are
26called for in the improvement plan to maintain compliance. A

 

 

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1facility that the Department determines has a plan of
2improvement likely to bring and keep the facility in compliance
3and that has demonstrated good faith efforts at implementation
4within the first 90 days may be eligible to receive a grant
5under the Equity in Long-term Care Quality Act to assist it in
6achieving and maintaining compliance. In this subsection,
7"independent" consultant means an individual who has no
8professional or financial relationship with the facility, any
9person with a reportable ownership interest in the facility, or
10any related parties. In this subsection, "related parties" has
11the meaning attributed to it in the instructions for completing
12Medicaid cost reports.
13    (g) Monitor and temporary managers. A distressed facility
14that does not contract with a consultant shall be assigned a
15monitor or a temporary manager at the Department's discretion.
16The cost of the temporary manager shall be paid by the
17facility. The temporary manager shall have the authority
18determined by the Department, which may grant the temporary
19manager any or all of the authority a court may grant a
20receiver. The temporary manager may apply to the Equity in
21Long-term Care Quality Fund for grant funds to implement the
22plan of improvement.
23    (h) The Department shall by rule establish a mentor program
24for owners of distressed facilities.
25    (i) The Department shall by rule establish sanctions (in
26addition to those authorized elsewhere in this Article) against

 

 

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1distressed facilities that are not in compliance with this Act
2and (if applicable) with federal certification requirements.
3Criteria for imposing sanctions shall take into account a
4facility's actions to address the violations and deficiencies
5that caused its designation as a distressed facility, and its
6compliance with this Act and with federal certification
7requirements (if applicable), subsequent to its designation as
8a distressed facility, including mandatory revocations if
9criteria can be agreed upon by the Department, resident
10advocates, and representatives of the nursing home profession.
11The Department shall report to the General Assembly on the
12results of negotiations about creating criteria for mandatory
13license revocations of distressed facilities and make
14recommendations about any statutory changes it believes are
15appropriate to protect the health, safety, and welfare of
16nursing home residents.
17    (j) The Department may establish by rule criteria for
18restricting the owner of a facility on the distressed list from
19acquiring additional skilled nursing facilities.
 
20    Section 3-305. Licensee subject to penalties; fines. The
21license of a facility that is in violation of this Act or any
22rule adopted under this Act may be subject to the penalties or
23fines levied by the Department as specified in this Section.
24    (1) A licensee who commits a Type "AA" violation as defined
25in Section 1-128.5 is automatically issued a conditional

 

 

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1license for a period of 6 months to coincide with an acceptable
2plan of correction and assessed a fine up to $25,000 per
3violation.
4    (1.5) A licensee who commits a Type "A" violation as
5defined in Section 1-129 is automatically issued a conditional
6license for a period of 6 months to coincide with an acceptable
7plan of correction and assessed a fine of up to $12,500 per
8violation.
9    (2) A licensee who commits a Type "B" violation as defined
10in Section 1-130 shall be assessed a fine of up to $1,100 per
11violation.
12    (2.5) A licensee who commits 10 or more Type "C"
13violations, as defined in Section 1-132, in a single survey
14shall be assessed a fine of up to $250 per violation. A
15licensee who commits one or more Type "C" violations with a
16high risk designation, as defined by rule, shall be assessed a
17fine of up to $500 per violation.
18    (3) A licensee who commits a Type "AA" or Type "A"
19violation as defined in Section 1-128.5 or 1-129 that continues
20beyond the time specified in paragraph (a) of Section 3-303
21which is cited as a repeat violation shall have its license
22revoked and shall be assessed a fine of 3 times the fine
23computed per resident per day under subsection (1).
24    (4) A licensee who fails to satisfactorily comply with an
25accepted plan of correction for a Type "B" violation or an
26administrative warning issued pursuant to Sections 3-401

 

 

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1through 3-413 or the rules promulgated thereunder shall be
2automatically issued a conditional license for a period of not
3less than 6 months. A second or subsequent acceptable plan of
4correction shall be filed. A fine shall be assessed in
5accordance with subsection (2) when cited for the repeat
6violation. This fine shall be computed for all days of the
7violation, including the duration of the first plan of
8correction compliance time.
9    (5) For the purpose of computing a penalty under
10subsections (2) through (4), the number of residents per day
11shall be based on the average number of residents in the
12facility during the 30 days preceding the discovery of the
13violation.
14    (6) When the Department finds that a provision of Article
15II has been violated with regard to a particular resident, the
16Department shall issue an order requiring the facility to
17reimburse the resident for injuries incurred, or $100,
18whichever is greater. In the case of a violation involving any
19action other than theft of money belonging to a resident,
20reimbursement shall be ordered only if a provision of Article
21II has been violated with regard to that or any other resident
22of the facility within the 2 years immediately preceding the
23violation in question.
24    (7) For purposes of assessing fines under this Section, a
25repeat violation shall be a violation which has been cited
26during one inspection of the facility for which an accepted

 

 

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1plan of correction was not complied with or a new citation of
2the same rule if the licensee is not substantially addressing
3the issue routinely throughout the facility. Violations of the
4Nursing Home Care Act and the MR/DD Community Care Act shall be
5deemed violations of this Act.
6    (7.5) If an occurrence results in more than one type of
7violation as defined in this Act, the Nursing Home Care Act, or
8the MR/DD Community Care Act (that is, a Type "AA", Type "A",
9Type "B", or Type "C" violation), the maximum fine that may be
10assessed for that occurrence is the maximum fine that may be
11assessed for the most serious type of violation charged. For
12purposes of the preceding sentence, a Type "AA" violation is
13the most serious type of violation that may be charged,
14followed by a Type "A", Type "B", or Type "C" violation, in
15that order.
16    (8) The minimum and maximum fines that may be assessed
17pursuant to this Section shall be twice those otherwise
18specified for any facility that willfully makes a misstatement
19of fact to the Department, or willfully fails to make a
20required notification to the Department, if that misstatement
21or failure delays the start of a surveyor or impedes a survey.
22    (9) If the Department finds that a facility has violated a
23provision of the Illinois Administrative Code that has a high
24risk designation, or that a facility has violated the same
25provision of the Illinois Administrative Code 3 or more times
26in the previous 12 months, the Department may assess a fine of

 

 

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1up to 2 times the maximum fine otherwise allowed.
2    (10) If a licensee has paid a civil monetary penalty
3imposed pursuant to the Medicare and Medicaid Certification
4Program for the equivalent federal violation giving rise to a
5fine under this Section, the Department shall offset the fine
6by the amount of the civil monetary penalty. The offset may not
7reduce the fine by more than 75% of the original fine, however.
 
8    Section 3-306. Factors to be considered in determining
9penalty. In determining whether a penalty is to be imposed and
10in determining the amount of the penalty to be imposed, if any,
11for a violation, the Director shall consider the following
12factors:
13        (1) The gravity of the violation, including the
14    probability that death or serious physical or mental harm
15    to a resident will result or has resulted; the severity of
16    the actual or potential harm, and the extent to which the
17    provisions of the applicable statutes or regulations were
18    violated;
19        (2) The reasonable diligence exercised by the licensee
20    and efforts to correct violations;
21        (3) Any previous violations committed by the licensee;
22    and
23        (4) The financial benefit to the facility of committing
24    or continuing the violation.
 

 

 

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1    Section 3-307. Assessment of penalties; notice. The
2Director may directly assess penalties provided for under
3Section 3-305 of this Act. If the Director determines that a
4penalty should be assessed for a particular violation or for
5failure to correct it, the Director shall send a notice to the
6facility. The notice shall specify the amount of the penalty
7assessed, the violation, and the statute or rule alleged to
8have been violated, and shall inform the licensee of the right
9to hearing under Section 3-703 of this Act. The notice must
10contain a detailed computation showing how the amount of the
11penalty was derived, including the number of days and the
12number of residents on which the penalty was based. If the
13violation is continuing, the notice shall specify the amount of
14additional assessment per day for the continuing violation.
 
15    Section 3-308. Time of assessment; plan of correction. In
16the case of a Type "A" violation, a penalty may be assessed
17from the date on which the violation is discovered. In the case
18of a Type "B" or Type "C" violation or an administrative
19warning issued pursuant to Sections 3-401 through 3-413 or the
20rules promulgated thereunder, the facility shall submit a plan
21of correction as provided in Section 3-303.
22    In the case of a Type "B" violation or an administrative
23warning issued pursuant to Sections 3-401 through 3-413 or the
24rules promulgated thereunder, a penalty shall be assessed on
25the date of notice of the violation, but the Director may

 

 

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1reduce the amount or waive such payment for any of the
2following reasons:
3        (a) The facility submits a true report of correction
4    within 10 days;
5        (b) The facility submits a plan of correction within 10
6    days and subsequently submits a true report of correction
7    within 15 days thereafter;
8        (c) The facility submits a plan of correction within 10
9    days which provides for a correction time that is less than
10    or equal to 30 days and the Department approves such plan;
11    or
12        (d) The facility submits a plan of correction for
13    violations involving substantial capital improvements
14    which provides for correction within the initial 90 day
15    limit provided under Section 3-303.
16    The Director or his or her designee may reallocate the
17amount of a penalty assessed pursuant to Section 3-305. A
18facility shall submit to the Director a written request for a
19penalty reduction, in a form prescribed by the Department,
20which includes an accounting of all costs for goods and
21services purchased in correcting the violation. The amount by
22which a penalty is reduced may not be greater than the amount
23of the costs reported by the facility. A facility that accepts
24a penalty reallocation under this Section waives its right to
25dispute a notice of violation and any remaining fine or penalty
26in an administrative hearing. The Director shall consider the

 

 

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1following factors:
2        (1) The violation has not caused actual harm to a
3    resident.
4        (2) The facility has made a diligent effort to correct
5    the violation and to prevent its recurrence.
6        (3) The facility has no record of a pervasive pattern
7    of the same or similar violations.
8        (4) The facility did not benefit financially from
9    committing or continuing the violation.
10    At least annually, and upon request, the Department shall
11provide a list of all reallocations and the reasons for those
12reallocations.
13    If a plan of correction is approved and carried out for a
14Type "C" violation, the fine provided under Section 3-305 shall
15be suspended for the time period specified in the approved plan
16of correction. If a plan of correction is approved and carried
17out for a Type "B" violation or an administrative warning
18issued pursuant to Sections 3-401 through 3-413 or the rules
19promulgated thereunder, with respect to a violation that
20continues after the date of notice of violation, the fine
21provided under Section 3-305 shall be suspended for the time
22period specified in the approved plan of correction.
23    If a good faith plan of correction is not received within
24the time provided by Section 3-303, a penalty may be assessed
25from the date of the notice of the Type "B" or "C" violation or
26an administrative warning issued pursuant to Sections 3-401

 

 

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1through 3-413 or the rules promulgated thereunder served under
2Section 3-301 until the date of the receipt of a good faith
3plan of correction, or until the date the violation is
4corrected, whichever is earlier. If a violation is not
5corrected within the time specified by an approved plan of
6correction or any lawful extension thereof, a penalty may be
7assessed from the date of notice of the violation, until the
8date the violation is corrected.
 
9    Section 3-309. Contesting assessment of penalty. A
10facility may contest an assessment of a penalty by sending a
11written request to the Department for hearing under Section
123-703. Upon receipt of the request the Department shall hold a
13hearing as provided under Section 3-703. Instead of requesting
14a hearing pursuant to Section 3-703, a facility may, within 10
15business days after receipt of the notice of violation and fine
16assessment, transmit to the Department (i) 65% of the amount
17assessed for each violation specified in the penalty assessment
18or (ii) in the case of a fine subject to offset under paragraph
19(10) of Section 3-305, up to 75% of the amount assessed.
 
20    Section 3-310. Collection of penalties. All penalties
21shall be paid to the Department within 10 days of receipt of
22notice of assessment or, if the penalty is contested under
23Section 3-309, within 10 days of receipt of the final decision,
24unless the decision is appealed and the order is stayed by

 

 

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1court order under Section 3-713. A facility choosing to waive
2the right to a hearing under Section 3-309 shall submit a
3payment totaling 65% of the original fine amount along with the
4written waiver. A penalty assessed under this Act shall be
5collected by the Department and shall be deposited with the
6State Treasurer into the Long Term Care Monitor/Receiver Fund.
7If the person or facility against whom a penalty has been
8assessed does not comply with a written demand for payment
9within 30 days, the Director shall issue an order to do any of
10the following:
11        (1) Direct the State Treasurer or Comptroller to deduct
12    the amount of the fine from amounts otherwise due from the
13    State for the penalty, including any payments to be made
14    from the Medicaid Long Term Care Provider Participation Fee
15    Trust Fund established under Section 5-4.31 of the Illinois
16    Public Aid Code, and remit that amount to the Department;
17        (2) Add the amount of the penalty to the facility's
18    licensing fee; if the licensee refuses to make the payment
19    at the time of application for renewal of its license, the
20    license shall not be renewed; or
21        (3) Bring an action in circuit court to recover the
22    amount of the penalty.
23    With the approval of the federal centers for Medicaid and
24Medicare services, the Director of Public Health shall set
25aside 50% of the federal civil monetary penalties collected
26each year to be used to award grants under the Equity in

 

 

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1Long-term Care Quality Act.
 
2    Section 3-311. Issuance of conditional license in addition
3to penalties. In addition to the right to assess penalties
4under this Act, the Director may issue a conditional license
5under Section 3-305 to any facility if the Director finds that
6either a Type "A" or Type "B" violation exists in such
7facility. The issuance of a conditional license shall revoke
8any license held by the facility.
 
9    Section 3-312. Plan of correction required before issuance
10of conditional license. Prior to the issuance of a conditional
11license, the Department shall review and approve a written plan
12of correction. The Department shall specify the violations
13which prevent full licensure and shall establish a time
14schedule for correction of the deficiencies. Retention of the
15license shall be conditional on the timely correction of the
16deficiencies in accordance with the plan of correction.
 
17    Section 3-313. Notice of issuance of conditional license.
18Written notice of the decision to issue a conditional license
19shall be sent to the applicant or licensee together with the
20specification of all violations of this Act and the rules
21promulgated thereunder which prevent full licensure and which
22form the basis for the Department's decision to issue a
23conditional license and the required plan of correction. The

 

 

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1notice shall inform the applicant or licensee of its right to a
2full hearing under Section 3-315 to contest the issuance of the
3conditional license.
 
4    Section 3-315. Hearing on conditional license or plan of
5correction. If the applicant or licensee desires to contest the
6basis for issuance of a conditional license, or the terms of
7the plan of correction, the applicant or licensee shall send a
8written request for hearing to the Department within 10 days
9after receipt by the applicant or licensee of the Department's
10notice and decision to issue a conditional license. The
11Department shall hold the hearing as provided under Section
123-703.
 
13    Section 3-316. Period of conditional license. A
14conditional license shall be issued for a period specified by
15the Department, but in no event for more than one year. The
16Department shall periodically inspect any facility operating
17under a conditional license. If the Department finds
18substantial failure by the facility to timely correct the
19violations which prevented full licensure and formed the basis
20for the Department's decision to issue a conditional license in
21accordance with the required plan of correction, the
22conditional license may be revoked as provided under Section
233-119.
 

 

 

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1    Section 3-318. Business offenses.
2    (a) No person shall:
3        (1) Intentionally fail to correct or interfere with the
4    correction of a Type "AA", Type "A", or Type "B" violation
5    within the time specified on the notice or approved plan of
6    correction under this Act as the maximum period given for
7    correction, unless an extension is granted and the
8    corrections are made before expiration of extension;
9        (2) Intentionally prevent, interfere with, or attempt
10    to impede in any way any duly authorized investigation and
11    enforcement of this Act;
12        (3) Intentionally prevent or attempt to prevent any
13    examination of any relevant books or records pertinent to
14    investigations and enforcement of this Act;
15        (4) Intentionally prevent or interfere with the
16    preservation of evidence pertaining to any violation of
17    this Act or the rules promulgated under this Act;
18        (5) Intentionally retaliate or discriminate against
19    any resident or employee for contacting or providing
20    information to any state official, or for initiating,
21    participating in, or testifying in an action for any remedy
22    authorized under this Act;
23        (6) Wilfully file any false, incomplete or
24    intentionally misleading information required to be filed
25    under this Act, or wilfully fail or refuse to file any
26    required information; or

 

 

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1        (7) Open or operate a facility without a license.
2    (b) A violation of this Section is a business offense,
3punishable by a fine not to exceed $10,000, except as otherwise
4provided in subsection (2) of Section 3-103 as to submission of
5false or misleading information in a license application.
6    (c) The State's Attorney of the county in which the
7facility is located, or the Attorney General, shall be notified
8by the Director of any violations of this Section.
 
9    Section 3-320. Review under Administrative Review Law. All
10final administrative decisions of the Department under this Act
11are subject to judicial review under the Administrative Review
12Law, as now or hereafter amended, and the rules adopted
13pursuant thereto. The term "administrative decision" is
14defined as in Section 3-101 of the Code of Civil Procedure.
 
15
PART 4. DISCHARGE AND TRANSFER

 
16    Section 3-401. Involuntary transfer or discharge of
17resident. A facility may involuntarily transfer or discharge a
18resident only for one or more of the following reasons:
19    (a) for medical reasons;
20    (b) for the resident's physical safety;
21    (c) for the physical safety of other residents, the
22facility staff or facility visitors; or
23    (d) for either late payment or nonpayment for the

 

 

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1resident's stay, except as prohibited by Titles XVIII and XIX
2of the federal Social Security Act. For purposes of this
3Section, "late payment" means non receipt of payment after
4submission of a bill. If payment is not received within 45 days
5after submission of a bill, a facility may send a notice to the
6resident and responsible party requesting payment within 30
7days. If payment is not received within such 30 days, the
8facility may thereupon institute transfer or discharge
9proceedings by sending a notice of transfer or discharge to the
10resident and responsible party by registered or certified mail.
11The notice shall state, in addition to the requirements of
12Section 3-403 of this Act, that the responsible party has the
13right to pay the amount of the bill in full up to the date the
14transfer or discharge is to be made and then the resident shall
15have the right to remain in the facility. Such payment shall
16terminate the transfer or discharge proceedings. This
17subsection does not apply to those residents whose care is
18provided for under the Illinois Public Aid Code. The Department
19shall adopt rules setting forth the criteria and procedures to
20be applied in cases of involuntary transfer or discharge
21permitted under this Section.
 
22    Section 3-401.1. Medical assistance recipients.
23    (a) A facility participating in the Medical Assistance
24Program is prohibited from failing or refusing to retain as a
25resident any person because he or she is a recipient of or an

 

 

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1applicant for the Medical Assistance Program under Article V of
2the Illinois Public Aid Code.
3    (a-5) A facility of which only a distinct part is certified
4to participate in the Medical Assistance Program may refuse to
5retain as a resident any person who resides in a part of the
6facility that does not participate in the Medical Assistance
7Program and who is unable to pay for his or her care in the
8facility without Medical Assistance only if:
9        (1) the facility, no later than at the time of
10    admission and at the time of the resident's contract
11    renewal, explains to the resident (unless he or she is
12    incompetent), and to the resident's representative, and to
13    the person making payment on behalf of the resident for the
14    resident's stay, in writing, that the facility may
15    discharge the resident if the resident is no longer able to
16    pay for his or her care in the facility without Medical
17    Assistance;
18        (2) the resident (unless he or she is incompetent), the
19    resident's representative, and the person making payment
20    on behalf of the resident for the resident's stay,
21    acknowledge in writing that they have received the written
22    explanation.
23    (a-10) For the purposes of this Section, a recipient or
24applicant shall be considered a resident in the facility during
25any hospital stay totaling 10 days or less following a hospital
26admission. The Department of Healthcare and Family Services

 

 

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1shall recoup funds from a facility when, as a result of the
2facility's refusal to readmit a recipient after
3hospitalization for 10 days or less, the recipient incurs
4hospital bills in an amount greater than the amount that would
5have been paid by that Department for care of the recipient in
6the facility. The amount of the recoupment shall be the
7difference between the Department of Healthcare and Family
8Services' payment for hospital care and the amount that
9Department would have paid for care in the facility.
10    (b) A facility which violates this Section shall be guilty
11of a business offense and fined not less than $500 nor more
12than $1,000 for the first offense and not less than $1,000 nor
13more than $5,000 for each subsequent offense.
 
14    Section 3-402. Notice of involuntary transfer or
15discharge. Involuntary transfer or discharge of a resident from
16a facility shall be preceded by the discussion required under
17Section 3-408 and by a minimum written notice of 21 days,
18except in one of the following instances:
19    (a) When an emergency transfer or discharge is ordered by
20the resident's attending physician because of the resident's
21health care needs.
22    (b) When the transfer or discharge is mandated by the
23physical safety of other residents, the facility staff, or
24facility visitors, as documented in the clinical record. The
25Department shall be notified prior to any such involuntary

 

 

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1transfer or discharge. The Department shall immediately offer
2transfer, or discharge and relocation assistance to residents
3transferred or discharged under this subparagraph (b), and the
4Department may place relocation teams as provided in Section
53-419 of this Act.
6    (c) When an identified offender is within the provisional
7admission period defined in Section 1-120.3. If the Identified
8Offender Report and Recommendation prepared under Section
92-201.6 shows that the identified offender poses a serious
10threat or danger to the physical safety of other residents, the
11facility staff, or facility visitors in the admitting facility
12and the facility determines that it is unable to provide a safe
13environment for the other residents, the facility staff, or
14facility visitors, the facility shall transfer or discharge the
15identified offender within 3 days after its receipt of the
16Identified Offender Report and Recommendation.
 
17    Section 3-403. Contents of notice; right to hearing. The
18notice required by Section 3-402 shall be on a form prescribed
19by the Department and shall contain all of the following:
20    (a) The stated reason for the proposed transfer or
21discharge;
22    (b) The effective date of the proposed transfer or
23discharge;
24    (c) A statement in not less than 12 point type, which
25reads: "You have a right to appeal the facility's decision to

 

 

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1transfer or discharge you. If you think you should not have to
2leave this facility, you may file a request for a hearing with
3the Department of Public Health within 10 days after receiving
4this notice. If you request a hearing, it will be held not
5later than 10 days after your request, and you generally will
6not be transferred or discharged during that time. If the
7decision following the hearing is not in your favor, you
8generally will not be transferred or discharged prior to the
9expiration of 30 days following receipt of the original notice
10of the transfer or discharge. A form to appeal the facility's
11decision and to request a hearing is attached. If you have any
12questions, call the Department of Public Health at the
13telephone number listed below.";
14    (d) A hearing request form, together with a postage paid,
15preaddressed envelope to the Department; and
16    (e) The name, address, and telephone number of the person
17charged with the responsibility of supervising the transfer or
18discharge.
 
19    Section 3-404. Request for hearing; effect on transfer. A
20request for a hearing made under Section 3-403 shall stay a
21transfer pending a hearing or appeal of the decision, unless a
22condition which would have allowed transfer or discharge in
23less than 21 days as described under paragraphs (a) and (b) of
24Section 3-402 develops in the interim.
 

 

 

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1    Section 3-405. Copy of notice in resident's record; copy to
2Department. A copy of the notice required by Section 3-402
3shall be placed in the resident's clinical record and a copy
4shall be transmitted to the Department, the resident, the
5resident's representative, and, if the resident's care is paid
6for in whole or part through Title XIX, the Department of
7Healthcare and Family Services.
 
8    Section 3-406. Medical assistance recipient; transfer or
9discharge as result of action by Department of Healthcare and
10Family Services. When the basis for an involuntary transfer or
11discharge is the result of an action by the Department of
12Healthcare and Family Services with respect to a recipient of
13assistance under Title XIX of the Social Security Act and a
14hearing request is filed with the Department of Healthcare and
15Family Services, the 21-day written notice period shall not
16begin until a final decision in the matter is rendered by the
17Department of Healthcare and Family Services or a court of
18competent jurisdiction and notice of that final decision is
19received by the resident and the facility.
 
20    Section 3-407. Nonpayment as basis for transfer or
21discharge. When nonpayment is the basis for involuntary
22transfer or discharge, the resident shall have the right to
23redeem up to the date that the discharge or transfer is to be
24made and then shall have the right to remain in the facility.
 

 

 

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1    Section 3-408. Discussion of planned transfer or
2discharge. The planned involuntary transfer or discharge shall
3be discussed with the resident, the resident's representative
4and person or agency responsible for the resident's placement,
5maintenance, and care in the facility. The explanation and
6discussion of the reasons for involuntary transfer or discharge
7shall include the facility administrator or other appropriate
8facility representative as the administrator's designee. The
9content of the discussion and explanation shall be summarized
10in writing and shall include the names of the individuals
11involved in the discussions and made a part of the resident's
12clinical record.
 
13    Section 3-409. Counseling services. The facility shall
14offer the resident counseling services before the transfer or
15discharge of the resident.
 
16    Section 3-410. Request for hearing on transfer or
17discharge. A resident subject to involuntary transfer or
18discharge from a facility, the resident's guardian or if the
19resident is a minor, his or her parent shall have the
20opportunity to file a request for a hearing with the Department
21within 10 days following receipt of the written notice of the
22involuntary transfer or discharge by the facility.
 

 

 

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1    Section 3-411. Hearing; time. The Department of Public
2Health, when the basis for involuntary transfer or discharge is
3other than action by the Department of Healthcare and Family
4Services with respect to the Title XIX Medicaid recipient,
5shall hold a hearing at the resident's facility not later than
610 days after a hearing request is filed, and render a decision
7within 14 days after the filing of the hearing request.
 
8    Section 3-412. Conduct of hearing. The hearing before the
9Department provided under Section 3-411 shall be conducted as
10prescribed under Section 3-703. In determining whether a
11transfer or discharge is authorized, the burden of proof in
12this hearing rests on the person requesting the transfer or
13discharge.
 
14    Section 3-413. Time for leaving facility. If the Department
15determines that a transfer or discharge is authorized under
16Section 3-401, the resident shall not be required to leave the
17facility before the 34th day following receipt of the notice
18required under Section 3-402, or the 10th day following receipt
19of the Department's decision, whichever is later, unless a
20condition which would have allowed transfer or discharge in
21less than 21 days as described under paragraphs (a) and (b) of
22Section 3-402 develops in the interim.
 
23    Section 3-414. Continuation of medical assistance funding.

 

 

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1The Department of Healthcare and Family Services shall continue
2Title XIX Medicaid funding during the appeal, transfer, or
3discharge period for those residents who are recipients of
4assistance under Title XIX of the Social Security Act affected
5by Section 3-401.
 
6    Section 3-415. Transfer or discharge by Department;
7grounds. The Department may transfer or discharge any resident
8from any facility required to be licensed under this Act when
9any of the following conditions exist:
10    (a) Such facility is operating without a license;
11    (b) The Department has suspended, revoked or refused to
12renew the license of the facility as provided under Section
133-119;
14    (c) The facility has requested the aid of the Department in
15the transfer or discharge of the resident and the Department
16finds that the resident consents to transfer or discharge;
17    (d) The facility is closing or intends to close and
18adequate arrangement for relocation of the resident has not
19been made at least 30 days prior to closure; or
20    (e) The Department determines that an emergency exists
21which requires immediate transfer or discharge of the resident.
 
22    Section 3-416. Transfer or discharge by Department;
23likelihood of serious harm. In deciding to transfer or
24discharge a resident from a facility under Section 3-415, the

 

 

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1Department shall consider the likelihood of serious harm which
2may result if the resident remains in the facility.
 
3    Section 3-417. Transfer or discharge; alternative
4placements. The Department shall offer transfer or discharge
5and relocation assistance to residents transferred or
6discharged under Sections 3-401 through 3-415, including
7information on available alternative placements. Residents
8shall be involved in planning the transfer or discharge and
9shall choose among the available alternative placements,
10except that where an emergency makes prior resident involvement
11impossible the Department may make a temporary placement until
12a final placement can be arranged. Residents may choose their
13final alternative placement and shall be given assistance in
14transferring to such place. No resident may be forced to remain
15in a temporary or permanent placement. Where the Department
16makes or participates in making the relocation decision,
17consideration shall be given to proximity to the resident's
18relatives and friends. The resident shall be allowed 3 visits
19to potential alternative placements prior to removal, except
20where medically contraindicated or where the need for immediate
21transfer or discharge requires reduction in the number of
22visits.
23    When the Department provides information on available
24alternative placements in community-based settings for
25individuals being discharged or transferred from facilities

 

 

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1licensed under this Act, the information must include a
2comprehensive list of a range of appropriate, client-oriented
3services and the name of and contact information for the ADA
4coordinator in the relocation locale. The comprehensive list
5must include the name and contact information for each agency
6or organization providing those services and a summary of the
7services provided by each agency or organization. A hotline or
8similar crisis telephone number must also be provided to
9individuals relocating into the community.
 
10    Section 3-418. Transfer or discharge plans. The Department
11shall prepare resident transfer or discharge plans to assure
12safe and orderly removals and protect residents' health,
13safety, welfare and rights. In nonemergencies, and where
14possible in emergencies, the Department shall design and
15implement such plans in advance of transfer or discharge.
 
16    Section 3-419. Relocation teams. The Department may place
17relocation teams in any facility from which residents are being
18discharged or transferred for any reason, for the purpose of
19implementing transfer or discharge plans.
 
20    Section 3-420. Transfer or discharge by Department;
21notice. In any transfer or discharge conducted under Sections
223-415 through 3-418 the Department shall do the following:
23    (a) Provide written notice to the facility prior to the

 

 

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1transfer or discharge. The notice shall state the basis for the
2order of transfer or discharge and shall inform the facility of
3its right to an informal conference prior to transfer or
4discharge under this Section, and its right to a subsequent
5hearing under Section 3-422. If a facility desires to contest a
6nonemergency transfer or discharge, prior to transfer or
7discharge it shall, within 4 working days after receipt of the
8notice, send a written request for an informal conference to
9the Department. The Department shall, within 4 working days
10from the receipt of the request, hold an informal conference in
11the county in which the facility is located. Following this
12conference, the Department may affirm, modify or overrule its
13previous decision. Except in an emergency, transfer or
14discharge may not begin until the period for requesting a
15conference has passed or, if a conference is requested, until
16after a conference has been held.
17    (b) Provide written notice to any resident to be removed,
18to the resident's representative, if any, and to a member of
19the resident's family, where practicable, prior to the removal.
20The notice shall state the reason for which transfer or
21discharge is ordered and shall inform the resident of the
22resident's right to challenge the transfer or discharge under
23Section 3-422. The Department shall hold an informal conference
24with the resident or the resident's representative prior to
25transfer or discharge at which the resident or the
26representative may present any objections to the proposed

 

 

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1transfer or discharge plan or alternative placement.
 
2    Section 3-421. Notice of emergency. In any transfer or
3discharge conducted under subsection (e) of Section 3-415, the
4Department shall notify the facility and any resident to be
5removed that an emergency has been found to exist and removal
6has been ordered, and shall involve the residents in removal
7planning if possible. Following emergency removal, the
8Department shall provide written notice to the facility, to the
9resident, to the resident's representative, if any, and to a
10member of the resident's family, where practicable, of the
11basis for the finding that an emergency existed and of the
12right to challenge removal under Section 3-422.
 
13    Section 3-422. Hearing to challenge transfer or discharge.
14Within 10 days following transfer or discharge, the facility or
15any resident transferred or discharged may send a written
16request to the Department for a hearing under Section 3-703 to
17challenge the transfer or discharge. The Department shall hold
18the hearing within 30 days of receipt of the request. The
19hearing shall be held at the facility from which the resident
20is being transferred or discharged, unless the resident or
21resident's representative, requests an alternative hearing
22site. If the facility prevails, it may file a claim against the
23State under the Court of Claims Act for payments lost less
24expenses saved as a result of the transfer or discharge. No

 

 

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1resident transferred or discharged may be held liable for the
2charge for care which would have been made had the resident
3remained in the facility. If a resident prevails, the resident
4may file a claim against the State under the Court of Claims
5Act for any excess expenses directly caused by the order to
6transfer or discharge. The Department shall assist the resident
7in returning to the facility if assistance is requested.
 
8    Section 3-423. Closure of facility; notice. Any owner of a
9facility licensed under this Act shall give 90 days' notice
10prior to voluntarily closing a facility or closing any part of
11a facility, or prior to closing any part of a facility if
12closing such part will require the transfer or discharge of
13more than 10% of the residents. Such notice shall be given to
14the Department, to any resident who must be transferred or
15discharged, to the resident's representative, and to a member
16of the resident's family, where practicable. Notice shall state
17the proposed date of closing and the reason for closing. The
18facility shall offer to assist the resident in securing an
19alternative placement and shall advise the resident on
20available alternatives. Where the resident is unable to choose
21an alternate placement and is not under guardianship, the
22Department shall be notified of the need for relocation
23assistance. The facility shall comply with all applicable laws
24and regulations until the date of closing, including those
25related to transfer or discharge of residents. The Department

 

 

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1may place a relocation team in the facility as provided under
2Section 3-419.
 
3
PART 5. MONITORS AND RECEIVERSHIP

 
4    Section 3-501. Monitor or receiver for facility; grounds.
5The Department may place an employee or agent to serve as a
6monitor in a facility or may petition the circuit court for
7appointment of a receiver for a facility, or both, when any of
8the following conditions exist:
9        (a) The facility is operating without a license.
10        (b) The Department has suspended, revoked, or refused
11    to renew the existing license of the facility.
12        (c) The facility is closing or has informed the
13    Department that it intends to close and adequate
14    arrangements for relocation of residents have not been made
15    at least 30 days prior to closure.
16        (d) The Department determines that an emergency
17    exists, whether or not it has initiated revocation or
18    nonrenewal procedures, if because of the unwillingness or
19    inability of the licensee to remedy the emergency the
20    Department believes a monitor or receiver is necessary.
21        (e) The Department is notified that the facility is
22    terminated or will not be renewed for participation in the
23    federal reimbursement program under either Title XVIII or
24    Title XIX of the Social Security Act.

 

 

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1        (f) The facility has been designated a distressed
2    facility by the Department and does not have a consultant
3    employed pursuant to paragraph (f) of Section 3-304.2 and
4    an acceptable plan of improvement, or the Department has
5    reason to believe the facility is not complying with the
6    plan of improvement. Nothing in this paragraph (f) shall
7    preclude the Department from placing a monitor in a
8    facility if otherwise justified by law.
9    As used in subsection (d) and Section 3-503, "emergency"
10means a threat to the health, safety, or welfare of a resident
11that the facility is unwilling or unable to correct.
 
12    Section 3-502. Placement of monitor by Department. In any
13situation described in Section 3-501, the Department may place
14a qualified person to act as monitor in the facility. The
15monitor shall observe operation of the facility, assist the
16facility by advising it on how to comply with the State
17regulations, and shall report periodically to the Department on
18the operation of the facility.
 
19    Section 3-503. Emergency; petition for receiver. Where a
20resident, a resident's representative or a resident's next of
21kin believes that an emergency exists each of them,
22collectively or separately, may file a verified petition to the
23circuit court for the county in which the facility is located
24for an order placing the facility under the control of a

 

 

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1receiver.
 
2    Section 3-504. Hearing on petition for receiver; grounds
3for appointment of receiver. The court shall hold a hearing
4within 5 days of the filing of the petition. The petition and
5notice of the hearing shall be served on the owner,
6administrator or designated agent of the facility as provided
7under the Civil Practice Law, or the petition and notice of
8hearing shall be posted in a conspicuous place in the facility
9not later than 3 days before the time specified for the
10hearing, unless a different period is fixed by order of the
11court. The court shall appoint a receiver if it finds that:
12    (a) The facility is operating without a license;
13    (b) The Department has suspended, revoked or refused to
14renew the existing license of a facility;
15    (c) The facility is closing or has informed the Department
16that it intends to close and adequate arrangements for
17relocation of residents have not been made at least 30 days
18prior to closure; or
19    (d) An emergency exists, whether or not the Department has
20initiated revocation or nonrenewal procedures, if because of
21the unwillingness or inability of the licensee to remedy the
22emergency the appointment of a receiver is necessary.
 
23    Section 3-505. Emergency; time for hearing. If a petition
24filed under Section 3-503 alleges that the conditions set out

 

 

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1in subsection 3-504 (d) exist within a facility, the court may
2set the matter for hearing at the earliest possible time. The
3petitioner shall notify the licensee, administrator of the
4facility, or registered agent of the licensee prior to the
5hearing. Any form of written notice may be used. A receivership
6shall not be established ex parte unless the court determines
7that the conditions set out in subsection 3-504(d) exist in a
8facility; that the licensee cannot be found; and that the
9petitioner has exhausted all reasonable means of locating and
10notifying the licensee, administrator or registered agent.
 
11    Section 3-506. Appointment of receiver. The court may
12appoint any qualified person as a receiver, except it shall not
13appoint any owner or affiliate of the facility which is in
14receivership as its receiver. The Department shall maintain a
15list of such persons to operate facilities which the court may
16consider. The court shall give preference to licensed nursing
17home administrators in appointing a receiver.
 
18    Section 3-507. Health, safety, and welfare of residents.
19The receiver shall make provisions for the continued health,
20safety and welfare of all residents of the facility.
 
21    Section 3-508. Receiver's powers and duties. A receiver
22appointed under this Act:
23    (a) Shall exercise those powers and shall perform those

 

 

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1duties set out by the court.
2    (b) Shall operate the facility in such a manner as to
3assure safety and adequate health care for the residents.
4    (c) Shall have the same rights to possession of the
5building in which the facility is located and of all goods and
6fixtures in the building at the time the petition for
7receivership is filed as the owner would have had if the
8receiver had not been appointed, and of all assets of the
9facility. The receiver shall take such action as is reasonably
10necessary to protect or conserve the assets or property of
11which the receiver takes possession, or the proceeds from any
12transfer thereof, and may use them only in the performance of
13the powers and duties set forth in this Section and by order of
14the court.
15    (d) May use the building, fixtures, furnishings and any
16accompanying consumable goods in the provision of care and
17services to residents and to any other persons receiving
18services from the facility at the time the petition for
19receivership was filed. The receiver shall collect payments for
20all goods and services provided to residents or others during
21the period of the receivership at the same rate of payment
22charged by the owners at the time the petition for receivership
23was filed.
24    (e) May correct or eliminate any deficiency in the
25structure or furnishings of the facility which endangers the
26safety or health of residents while they remain in the

 

 

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1facility, provided the total cost of correction does not exceed
2$3,000. The court may order expenditures for this purpose in
3excess of $3,000 on application from the receiver after notice
4to the owner and hearing.
5    (f) May let contracts and hire agents and employees to
6carry out the powers and duties of the receiver under this
7Section.
8    (g) Except as specified in Section 3-510, shall honor all
9leases, mortgages and secured transactions governing the
10building in which the facility is located and all goods and
11fixtures in the building of which the receiver has taken
12possession, but only to the extent of payments which, in the
13case of a rental agreement, are for the use of the property
14during the period of the receivership, or which, in the case of
15a purchase agreement, come due during the period of the
16receivership.
17    (h) Shall have full power to direct and manage and to
18discharge employees of the facility, subject to any contract
19rights they may have. The receiver shall pay employees at the
20same rate of compensation, including benefits, that the
21employees would have received from the owner. Receivership does
22not relieve the owner of any obligation to employees not
23carried out by the receiver.
24    (i) Shall, if any resident is transferred or discharged,
25follow the procedures set forth in Part 4 of this Article.
26    (j) Shall be entitled to and shall take possession of all

 

 

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1property or assets of residents which are in the possession of
2a facility or its owner. The receiver shall preserve all
3property, assets and records of residents of which the receiver
4takes possession and shall provide for the prompt transfer of
5the property, assets and records to the new placement of any
6transferred resident.
7    (k) Shall report to the court on any actions he has taken
8to bring the facility into compliance with this Act or with
9Title XVIII or XIX of the Social Security Act that he believes
10should be continued when the receivership is terminated in
11order to protect the health, safety or welfare of the
12residents.
 
13    Section 3-509. Payment for goods or services provided by
14receiver.
15    (a) A person who is served with notice of an order of the
16court appointing a receiver and of the receiver's name and
17address shall be liable to pay the receiver for any goods or
18services provided by the receiver after the date of the order
19if the person would have been liable for the goods or services
20as supplied by the owner. The receiver shall give a receipt for
21each payment and shall keep a copy of each receipt on file. The
22receiver shall deposit amounts received in a separate account
23and shall use this account for all disbursements.
24    (b) The receiver may bring an action to enforce the
25liability created by subsection (a) of this Section.

 

 

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1    (c) A payment to the receiver of any sum owing to the
2facility or its owner shall discharge any obligation to the
3facility to the extent of the payment.
 
4    Section 3-510. Receiver's avoidance of obligations;
5reasonable rental, price, or rate of interest to be paid by
6receiver.
7    (a) A receiver may petition the court that he or she not be
8required to honor any lease, mortgage, secured transaction or
9other wholly or partially executory contract entered into by
10the owner of the facility if the rent, price or rate of
11interest required to be paid under the agreement was
12substantially in excess of a reasonable rent, price or rate of
13interest at the time the contract was entered into, or if any
14material provision of the agreement was unreasonable.
15    (b) If the receiver is in possession of real estate or
16goods subject to a lease, mortgage or security interest which
17the receiver has obtained a court order to avoid under
18subsection (a) of this Section, and if the real estate or goods
19are necessary for the continued operation of the facility under
20this Section, the receiver may apply to the court to set a
21reasonable rental, price or rate of interest to be paid by the
22receiver during the duration of the receivership. The court
23shall hold a hearing on the application within 15 days. The
24receiver shall send notice of the application to any known
25persons who own the property involved at least 10 days prior to

 

 

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1the hearing. Payment by the receiver of the amount determined
2by the court to be reasonable is a defense to any action
3against the receiver for payment or for possession of the goods
4or real estate subject to the lease, security interest or
5mortgage involved by any person who received such notice, but
6the payment does not relieve the owner of the facility of any
7liability for the difference between the amount paid by the
8receiver and the amount due under the original lease, security
9interest or mortgage involved.
 
10    Section 3-511. Insufficient funds collected; reimbursement
11of receiver by Department. If funds collected under Sections
123-508 and 3-509 are insufficient to meet the expenses of
13performing the powers and duties conferred on the receiver, or
14if there are insufficient funds on hand to meet those expenses,
15the Department may reimburse the receiver for those expenses
16from funds appropriated for its ordinary and contingent
17expenses by the General Assembly after funds contained in the
18Long Term Care Monitor/Receiver Fund have been exhausted.
 
19    Section 3-512. Receiver's compensation. The court shall
20set the compensation of the receiver, which will be considered
21a necessary expense of a receivership under Section 3-516.
 
22    Section 3-513. Action against receiver.
23    (a) In any action or special proceeding brought against a

 

 

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1receiver in the receiver's official capacity for acts committed
2while carrying out powers and duties under this Article, the
3receiver shall be considered a public employee under the Local
4Governmental and Governmental Employees Tort Immunity Act, as
5now or hereafter amended.
6    (b) A receiver may be held liable in a personal capacity
7only for the receiver's own gross negligence, intentional acts
8or breach of fiduciary duty.
9    (c) The court may require a receiver to post a bond.
 
10    Section 3-514. License to facility in receivership. Other
11provisions of this Act notwithstanding, the Department may
12issue a license to a facility placed in receivership. The
13duration of a license issued under this Section is limited to
14the duration of the receivership.
 
15    Section 3-515. Termination of receivership. The court may
16terminate a receivership:
17    (a) If the time period specified in the order appointing
18the receiver elapses and is not extended;
19    (b) If the court determines that the receivership is no
20longer necessary because the conditions which gave rise to the
21receivership no longer exist; or the Department grants the
22facility a new license, whether the structure of the facility,
23the right to operate the facility, or the land on which it is
24located is under the same or different ownership; or

 

 

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1    (c) If all of the residents in the facility have been
2transferred or discharged. Before terminating a receivership,
3the court may order the Department to require any licensee to
4comply with the recommendations of the receiver made under
5subsection (k) of Section 3-508. A licensee may petition the
6court to be relieved of this requirement.
 
7    Section 3-516. Accounting by receiver; Department's lien.
8    (a) Within 30 days after termination, the receiver shall
9give the court a complete accounting of all property of which
10the receiver has taken possession, of all funds collected, and
11of the expenses of the receivership.
12    (b) If the operating funds collected by the receiver under
13Sections 3-508 and 3-509 exceed the reasonable expenses of the
14receivership, the court shall order payment of the surplus to
15the owner, after reimbursement of funds drawn from the
16contingency fund under Section 3-511. If the operating funds
17are insufficient to cover the reasonable expenses of the
18receivership, the owner shall be liable for the deficiency.
19Payment recovered from the owner shall be used to reimburse the
20contingency fund for amounts drawn by the receiver under
21Section 3-511.
22    (c) The Department shall have a lien for any payment made
23under Section 3-511 upon any beneficial interest, direct or
24indirect, of any owner in the following property:
25        (1) The building in which the facility is located;

 

 

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1        (2) Any fixtures, equipment or goods used in the
2    operation of the facility;
3        (3) The land on which the facility is located; or
4        (4) The proceeds from any conveyance of property
5    described in subparagraphs (1), (2) or (3) above, made by
6    the owner within one year prior to the filing of the
7    petition for receivership.
8    (d) The lien provided by this Section is prior to any lien
9or other interest which originates subsequent to the filing of
10a petition for receivership under this Article, except for a
11construction or mechanic's lien arising out of work performed
12with the express consent of the receiver.
13    (e) The receiver shall, within 60 days after termination of
14the receivership, file a notice of any lien created under this
15Section. If the lien is on real property, the notice shall be
16filed with the recorder. If the lien is on personal property,
17the lien shall be filed with the Secretary of State. The notice
18shall specify the name of the person against whom the lien is
19claimed, the name of the receiver, the dates of the petition
20for receivership and the termination of receivership, a
21description of the property involved and the amount claimed. No
22lien shall exist under this Article against any person, on any
23property, or for any amount not specified in the notice filed
24under this subsection (e).
 
25    Section 3-517. Civil and criminal liability during

 

 

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1receivership. Nothing in this Act shall be deemed to relieve
2any owner, administrator or employee of a facility placed in
3receivership of any civil or criminal liability incurred, or
4any duty imposed by law, by reason of acts or omissions of the
5owner, administrator, or employee prior to the appointment of a
6receiver; nor shall anything contained in this Act be construed
7to suspend during the receivership any obligation of the owner,
8administrator, or employee for payment of taxes or other
9operating and maintenance expenses of the facility nor of the
10owner, administrator, employee or any other person for the
11payment of mortgages or liens. The owner shall retain the right
12to sell or mortgage any facility under receivership, subject to
13approval of the court which ordered the receivership
 
14
PART 6. DUTIES

 
15    Section 3-601. Liability for injury to resident. The owner
16and licensee are liable to a resident for any intentional or
17negligent act or omission of their agents or employees which
18injures the resident.
 
19    Section 3-602. Damages for violation of resident's rights.
20The licensee shall pay the actual damages and costs and
21attorney's fees to a facility resident whose rights, as
22specified in Part 1 of Article II of this Act, are violated.
 

 

 

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1    Section 3-603. Action by resident. A resident may maintain
2an action under this Act for any other type of relief,
3including injunctive and declaratory relief, permitted by law.
 
4    Section 3-604. Class action; remedies cumulative. Any
5damages recoverable under Sections 3-601 through 3-607,
6including minimum damages as provided by these Sections, may be
7recovered in any action which a court may authorize to be
8brought as a class action pursuant to the Civil Practice Law.
9The remedies provided in Sections 3-601 through 3-607, are in
10addition to and cumulative with any other legal remedies
11available to a resident. Exhaustion of any available
12administrative remedies shall not be required prior to
13commencement of suit hereunder.
 
14    Section 3-605. Amount of damages; no effect on medical
15assistance eligibility. The amount of damages recovered by a
16resident in an action brought under Sections 3-601 through
173-607 shall be exempt for purposes of determining initial or
18continuing eligibility for medical assistance under the
19Illinois Public Aid Code, as now or hereafter amended, and
20shall neither be taken into consideration nor required to be
21applied toward the payment or partial payment of the cost of
22medical care or services available under the Illinois Public
23Aid Code.
 

 

 

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1    Section 3-606. Waiver of resident's right to bring action
2prohibited. Any waiver by a resident or his or her legal
3representative of the right to commence an action under
4Sections 3-601 through 3-607, whether oral or in writing, shall
5be null and void, and without legal force or effect.
 
6    Section 3-607. Trial by jury. Any party to an action
7brought under Sections 3-601 through 3-607 shall be entitled to
8a trial by jury and any waiver of the right to a trial by a
9jury, whether oral or in writing, prior to the commencement of
10an action, shall be null and void, and without legal force or
11effect.
 
12    Section 3-608. Retaliation against resident prohibited. A
13licensee or its agents or employees shall not transfer,
14discharge, evict, harass, dismiss, or retaliate against a
15resident, a resident's representative, or an employee or agent
16who makes a report under Section 2-107, brings or testifies in
17an action under Sections 3-601 through 3-607, or files a
18complaint under Section 3-702, because of the report,
19testimony, or complaint.
 
20    Section 3-609. Immunity from liability for making report.
21Any person, institution or agency, under this Act,
22participating in good faith in the making of a report, or in
23the investigation of such a report shall not be deemed to have

 

 

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1violated any privileged communication and shall have immunity
2from any liability, civil, criminal or any other proceedings,
3civil or criminal as a consequence of making such report. The
4good faith of any persons required to report, or permitted to
5report, cases of suspected resident abuse or neglect under this
6Act, shall be presumed.
 
7    Section 3-610. Duty to report violations.
8    (a) A facility employee or agent who becomes aware of abuse
9or neglect of a resident prohibited by Section 2-107 shall
10immediately report the matter to the Department and to the
11facility administrator. A facility administrator who becomes
12aware of abuse or neglect of a resident prohibited by Section
132-107 shall immediately report the matter by telephone and in
14writing to the resident's representative, and to the
15Department. Any person may report a violation of Section 2-107
16to the Department.
17    (b) A facility employee or agent who becomes aware of
18another facility employee or agent's theft or misappropriation
19of a resident's property must immediately report the matter to
20the facility administrator. A facility administrator who
21becomes aware of a facility employee or agent's theft or
22misappropriation of a resident's property must immediately
23report the matter by telephone and in writing to the resident's
24representative, to the Department, and to the local law
25enforcement agency. Neither a licensee nor its employees or

 

 

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1agents may dismiss or otherwise retaliate against a facility
2employee or agent who reports the theft or misappropriation of
3a resident's property under this subsection.
 
4    Section 3-611. Employee as perpetrator of abuse. When an
5investigation of a report of suspected abuse of a recipient
6indicates, based upon credible evidence, that an employee of a
7long term care facility is the perpetrator of the abuse, that
8employee shall immediately be barred from any further contact
9with residents of the facility, pending the outcome of any
10further investigation, prosecution or disciplinary action
11against the employee.
 
12    Section 3-612. Resident as perpetrator of abuse. When an
13investigation of a report of suspected abuse of a resident
14indicates, based upon credible evidence, that another resident
15of the long term care facility is the perpetrator of the abuse,
16that resident's condition shall be immediately evaluated to
17determine the most suitable therapy and placement for the
18resident, considering the safety of that resident as well as
19the safety of other residents and employees of the facility.
 
20
PART 7. COMPLAINT, HEARING, AND APPEAL

 
21    Section 3-701. Public nuisance; action for injunction. The
22operation or maintenance of a facility in violation of this

 

 

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1Act, or of the rules and regulations promulgated by the
2Department, is declared a public nuisance inimical to the
3public welfare. The Director in the name of the people of the
4State, through the Attorney General, or the State's Attorney of
5the county in which the facility is located, or in respect to
6any city, village or incorporated town which provides for the
7licensing and regulation of any or all such facilities, the
8Director or the mayor or president of the Board of Trustees, as
9the case may require, of the city, village or incorporated
10town, in the name of the people of the State, through the
11Attorney General or State's attorney of the county in which the
12facility is located, may, in addition to other remedies herein
13provided, bring action for an injunction to restrain such
14violation or to enjoin the future operation or maintenance of
15any such facility.
 
16    Section 3-702. Request for investigation of violation.
17    (a) A person who believes that this Act or a rule
18promulgated under this Act may have been violated may request
19an investigation. The request may be submitted to the
20Department in writing, by telephone, or by personal visit. An
21oral complaint shall be reduced to writing by the Department.
22The Department shall request information identifying the
23complainant, including the name, address and telephone number,
24to help enable appropriate follow up. The Department shall act
25on such complaints via on-site visits or other methods deemed

 

 

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1appropriate to handle the complaints with or without such
2identifying information, as otherwise provided under this
3Section. The complainant shall be informed that compliance with
4such request is not required to satisfy the procedures for
5filing a complaint under this Act.
6    (b) The substance of the complaint shall be provided in
7writing to the licensee, owner or administrator no earlier than
8at the commencement of an on-site inspection of the facility
9which takes place pursuant to the complaint.
10    (c) The Department shall not disclose the name of the
11complainant unless the complainant consents in writing to the
12disclosure or the investigation results in a judicial
13proceeding, or unless disclosure is essential to the
14investigation. The complainant shall be given the opportunity
15to withdraw the complaint before disclosure. Upon the request
16of the complainant, the Department may permit the complainant
17or a representative of the complainant to accompany the person
18making the on-site inspection of the facility.
19    (d) Upon receipt of a complaint, the Department shall
20determine whether this Act or a rule promulgated under this Act
21has been or is being violated. The Department shall investigate
22all complaints alleging abuse or neglect within 7 days after
23the receipt of the complaint except that complaints of abuse or
24neglect which indicate that a resident's life or safety is in
25imminent danger shall be investigated within 24 hours after
26receipt of the complaint. All other complaints shall be

 

 

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1investigated within 30 days after the receipt of the complaint.
2The Department employees investigating a complaint shall
3conduct a brief, informal exit conference with the facility to
4alert its administration of any suspected serious deficiency
5that poses a direct threat to the health, safety or welfare of
6a resident to enable an immediate correction for the
7alleviation or elimination of such threat. Such information and
8findings discussed in the brief exit conference shall become a
9part of the investigating record but shall not in any way
10constitute an official or final notice of violation as provided
11under Section 3-301. All complaints shall be classified as "an
12invalid report", "a valid report", or "an undetermined report".
13For any complaint classified as "a valid report", the
14Department must determine within 30 working days if any rule or
15provision of this Act has been or is being violated.
16    (d-1) The Department shall, whenever possible, combine an
17on site investigation of a complaint in a facility with other
18inspections in order to avoid duplication of inspections.
19    (e) In all cases, the Department shall inform the
20complainant of its findings within 10 days of its determination
21unless otherwise indicated by the complainant, and the
22complainant may direct the Department to send a copy of such
23findings to another person. The Department's findings may
24include comments or documentation provided by either the
25complainant or the licensee pertaining to the complaint. The
26Department shall also notify the facility of such findings

 

 

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1within 10 days of the determination, but the name of the
2complainant or residents shall not be disclosed in this notice
3to the facility. The notice of such findings shall include a
4copy of the written determination; the correction order, if
5any; the warning notice, if any; the inspection report; or the
6State licensure form on which the violation is listed.
7    (f) A written determination, correction order, or warning
8notice concerning a complaint, together with the facility's
9response, shall be available for public inspection, but the
10name of the complainant or resident shall not be disclosed
11without his or her consent.
12    (g) A complainant who is dissatisfied with the
13determination or investigation by the Department may request a
14hearing under Section 3-703. The facility shall be given notice
15of any such hearing and may participate in the hearing as a
16party. If a facility requests a hearing under Section 3-703
17which concerns a matter covered by a complaint, the complainant
18shall be given notice and may participate in the hearing as a
19party. A request for a hearing by either a complainant or a
20facility shall be submitted in writing to the Department within
2130 days after the mailing of the Department's findings as
22described in subsection (e) of this Section. Upon receipt of
23the request the Department shall conduct a hearing as provided
24under Section 3-703.
25    (h) Any person who knowingly transmits a false report to
26the Department commits the offense of disorderly conduct under

 

 

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1subsection (a)(8) of Section 26-1 of the Criminal Code of 1961.
 
2    Section 3-703. Hearing to contest decision; applicable
3provisions. Any person requesting a hearing pursuant to
4Sections 2-110, 3-115, 3-118, 3-119, 3-301, 3-303, 3-309,
53-410, 3-422 or 3-702 to contest a decision rendered in a
6particular case may have such decision reviewed in accordance
7with Sections 3-703 through 3-712.
 
8    Section 3-704. Hearing; notice; commencement. A request
9for a hearing by aggrieved persons shall be taken to the
10Department as follows:
11    (a) Upon the receipt of a request in writing for a hearing,
12the Director or a person designated in writing by the Director
13to act as a hearing officer shall conduct a hearing to review
14the decision.
15    (b) Before the hearing is held, notice of the hearing shall
16be sent by the Department to the person making the request for
17the hearing and to the person making the decision which is
18being reviewed. In the notice the Department shall specify the
19date, time and place of the hearing which shall be held not
20less than 10 days after the notice is mailed or delivered. The
21notice shall designate the decision being reviewed. The notice
22may be served by delivering it personally to the parties or
23their representatives or by mailing it by certified mail to the
24parties' addresses.

 

 

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1    (c) The Department shall commence the hearing within 30
2days of the receipt of request for hearing. The hearing shall
3proceed as expeditiously as practicable, but in all cases shall
4conclude within 90 days of commencement.
 
5    Section 3-705. Subpoenas. The Director or hearing officer
6may compel by subpoena or subpoena duces tecum the attendance
7and testimony of witnesses and the production of books and
8papers, and administer oaths to witnesses.
 
9    Section 3-706. Appearance at hearing; depositions; record.
10The Director or hearing officer shall permit any party to
11appear in person and to be represented by counsel at the
12hearing, at which time the applicant or licensee shall be
13afforded an opportunity to present all relevant matter in
14support of his position. In the event of the inability of any
15party or the Department to procure the attendance of witnesses
16to give testimony or produce books and papers, any party or the
17Department may take the deposition of witnesses in accordance
18with the provisions of the laws of this State. All testimony
19taken at a hearing shall be reduced to writing, and all such
20testimony and other evidence introduced at the hearing shall be
21a part of the record of the hearing.
 
22    Section 3-707. Findings of fact; decision. The Director or
23hearing officer shall make findings of fact in such hearing,

 

 

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1and the Director shall render his or her decision within 30
2days after the termination of the hearing, unless additional
3time not to exceed 90 days is required by him or her for a
4proper disposition of the matter. When the hearing has been
5conducted by a hearing officer, the Director shall review the
6record and findings of fact before rendering a decision. All
7decisions rendered by the Director shall be binding upon and
8complied with by the Department, the facility or the persons
9involved in the hearing, as appropriate to each case.
 
10    Section 3-708. Rules of evidence and procedure. The
11Director or hearing officer shall not be bound by common law or
12statutory rules of evidence, or by technical or formal rules of
13procedure, but shall conduct hearings in the manner best
14calculated to result in substantial justice.
 
15    Section 3-709. Service of subpoenas; witness fees. All
16subpoenas issued by the Director or hearing officer may be
17served as provided for in civil actions. The fees of witnesses
18for attendance and travel shall be the same as the fees for
19witnesses before the circuit court and shall be paid by the
20party to such proceeding at whose request the subpoena is
21issued. If such subpoena is issued at the request of the
22Department or by a person proceeding in forma pauperis the
23witness fee shall be paid by the Department as an
24administrative expense.
 

 

 

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1    Section 3-710. Compelling obedience to subpoena. In cases
2of refusal of a witness to attend or testify or to produce
3books or papers, concerning any matter upon which he might be
4lawfully examined, the circuit court of the county wherein the
5hearing is held, upon application of any party to the
6proceeding, may compel obedience by a proceeding for contempt
7as in cases of a like refusal to obey a similar order of the
8court.
 
9    Section 3-711. Record of hearing; transcript. The
10Department, at its expense, shall provide a stenographer to
11take the testimony, or otherwise record the testimony, and
12preserve a record of all proceedings under this Section. The
13notice of hearing, the complaint and all other documents in the
14nature of pleadings and written motions filed in the
15proceedings, the transcript of testimony, and the findings and
16decision shall be the record of the proceedings. The Department
17shall furnish a transcript of such record to any person
18interested in such hearing upon payment therefor of 70 cents
19per page for each original transcript and 25 cents per page for
20each certified copy thereof. However, the charge for any part
21of such transcript ordered and paid for previous to the writing
22of the original record shall be 25 cents per page.
 
23    Section 3-712. Certification of record; fee. The

 

 

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1Department shall not be required to certify any record or file
2any answer or otherwise appear in any proceeding for judicial
3review under Section 3-713 of this Act unless the party filing
4the complaint deposits with the clerk of the court the sum of
595 cents per page, representing the costs of such
6certification. Failure on the part of the plaintiff to make
7such deposit shall be grounds for dismissal of the action;
8provided, however, that persons proceeding in forma pauperis
9with the approval of the circuit court shall not be required to
10pay these fees.
 
11    Section 3-713. Judicial review; stay of enforcement of
12Department's decision.
13    (a) Final administrative decisions after hearing shall be
14subject to judicial review exclusively as provided in the
15Administrative Review Law, as now or hereafter amended, except
16that any petition for judicial review of Department action
17under this Act shall be filed within 15 days after receipt of
18notice of the final agency determination. The term
19"administrative decision" has the meaning ascribed to it in
20Section 3-101 of the Code of Civil Procedure.
21    (b) The court may stay enforcement of the Department's
22final decision or toll the continuing accrual of a penalty
23under Section 3-305 if a showing is made that there is a
24substantial probability that the party seeking review will
25prevail on the merits and will suffer irreparable harm if a

 

 

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1stay is not granted, and that the facility will meet the
2requirements of this Act and the rules promulgated under this
3Act during such stay. Where a stay is granted the court may
4impose such conditions on the granting of the stay as may be
5necessary to safeguard the lives, health, rights, safety and
6welfare of residents, and to assure compliance by the facility
7with the requirements of this Act, including an order for
8transfer or discharge of residents under Sections 3-401 through
93-423 or for appointment of a receiver under Sections 3-501
10through 3-517.
11    (c) Actions brought under this Act shall be set for trial
12at the earliest possible date and shall take precedence on the
13court calendar over all other cases except matters to which
14equal or superior precedence is specifically granted by law.
 
15    Section 3-714. Remedies cumulative. The remedies provided
16by this Act are cumulative and shall not be construed as
17restricting any party from seeking any remedy, provisional or
18otherwise, provided by law for the benefit of the party, from
19obtaining additional relief based upon the same facts.
 
20
PART 8. MISCELLANEOUS PROVISIONS

 
21    Section 3-801. Rules and regulations. The Department shall
22have the power to adopt rules and regulations to carry out the
23purpose of this Act.
 

 

 

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1    Section 3-801.05. Rules adopted under prior law. The
2Department shall adopt rules to implement the changes
3concerning licensure of facilities under this Act instead of
4under the Nursing Home Care Act. Until the Department adopts
5those rules, the rules adopted under the Nursing Home Care Act
6that apply to facilities subject to licensure under this Act
7shall continue to apply to those facilities.
 
8    Section 3-802. Illinois Administrative Procedure Act. The
9provisions of the Illinois Administrative Procedure Act are
10hereby expressly adopted and shall apply to all administrative
11rules and procedures of the Department under this Act.
 
12    Section 3-803. Treatment by prayer or spiritual means.
13Nothing in this Act or the rules and regulations adopted
14pursuant thereto shall be construed as authorizing the medical
15supervision, regulation, or control of the remedial care or
16treatment of residents in any facility conducted for those who
17rely upon treatment by prayer or spiritual means in accordance
18with the creed or tenets of any well recognized church or
19religious denomination.
 
20    Section 3-804. Report to General Assembly. The Department
21shall report to the General Assembly by April 1 of each year
22upon the performance of its inspection, survey and evaluation

 

 

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1duties under this Act, including the number and needs of the
2Department personnel engaged in such activities. The report
3shall also describe the Department's actions in enforcement of
4this Act, including the number and needs of personnel so
5engaged. The report shall also include the number of valid and
6invalid complaints filed with the Department within the last
7calendar year.
 
8    Section 3-808. Protocol for sexual assault victims;
9nursing home. The Department shall develop a protocol for the
10care and treatment of residents who have been sexually
11assaulted in a long term care facility or elsewhere.
 
12    Section 3-808.5. Nursing home fraud, abuse, and neglect
13prevention and reporting.
14    (a) Every licensed long-term care facility that receives
15Medicaid funding shall prominently display in its lobby, in its
16dining areas, and on each floor of the facility information
17approved by the Illinois Medicaid Fraud Control Unit on how to
18report fraud, abuse, and neglect. In addition, information
19regarding the reporting of fraud, abuse, and neglect shall be
20provided to each resident at the time of admission and to the
21resident's family members or emergency contacts, or to both the
22resident's family members and his or her emergency contacts.
23    (b) Any owner or licensee of a long-term care facility
24licensed under this Act shall be responsible for the collection

 

 

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1and maintenance of any and all records required to be
2maintained under this Section and any other applicable
3provisions of this Act, and as a provider under the Illinois
4Public Aid Code, and shall be responsible for compliance with
5all of the disclosure requirements under this Section. All
6books and records and other papers and documents that are
7required to be kept, and all records showing compliance with
8all of the disclosure requirements to be made pursuant to this
9Section, shall be kept at the facility and shall, at all times
10during business hours, be subject to inspection by any law
11enforcement or health oversight agency or its duly authorized
12agents or employees.
13    (c) Any report of abuse and neglect of residents made by
14any individual in whatever manner, including, but not limited
15to, reports made under Sections 2-107 and 3-610 of this Act, or
16as provided under the Abused and Neglected Long Term Care
17Facility Residents Reporting Act, that is made to an
18administrator, a director of nursing, or any other person with
19management responsibility at a long-term care facility must be
20disclosed to the owners and licensee of the facility within 24
21hours of the report. The owners and licensee of a long-term
22care facility shall maintain all records necessary to show
23compliance with this disclosure requirement.
24    (d) Any person with an ownership interest in a long-term
25care facility licensed by the Department must, within 30 days
26of the effective date of this Act, disclose the existence of

 

 

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1any ownership interest in any vendor who does business with the
2facility. The disclosures required by this subsection shall be
3made in the form and manner prescribed by the Department.
4Licensed long-term care facilities who receive Medicaid
5funding shall submit a copy of the disclosures required by this
6subsection to the Illinois Medicaid Fraud Control Unit. The
7owners and licensee of a long-term care facility shall maintain
8all records necessary to show compliance with this disclosure
9requirement.
10    (e) Notwithstanding the provisions of Section 3-318 of this
11Act, and in addition thereto, any person, owner, or licensee
12who willfully fails to keep and maintain, or willfully fails to
13produce for inspection, books and records, or willfully fails
14to make the disclosures required by this Section, is guilty of
15a Class A misdemeanor. A second or subsequent violation of this
16Section shall be punishable as a Class 4 felony.
17    (f) Any owner or licensee who willfully files or willfully
18causes to be filed a document with false information with the
19Department, the Department of Healthcare and Family Services,
20or the Illinois Medicaid Fraud Control Unit or any other law
21enforcement agency, is guilty of a Class A misdemeanor.
 
22    Section 3-809. Rules to implement changes. In developing
23rules and regulations to implement this Act, the Department
24shall seek the input of advocates for long term care facility
25residents, representatives of associations representing

 

 

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1long-term care facilities, and representatives of associations
2representing employees of long-term care facilities.
 
3    Section 3-810. Whistleblower protection.
4    (a) In this Section, "retaliatory action" means the
5reprimand, discharge, suspension, demotion, denial of
6promotion or transfer, or change in the terms and conditions of
7employment of any employee of a facility that is taken in
8retaliation for the employee's involvement in a protected
9activity as set forth in paragraphs (1) through (3) of
10subsection (b).
11    (b) A facility shall not take any retaliatory action
12against an employee of the facility, including a nursing home
13administrator, because the employee does any of the following:
14        (1) Discloses or threatens to disclose to a supervisor
15    or to a public body an activity, inaction, policy, or
16    practice implemented by a facility that the employee
17    reasonably believes is in violation of a law, rule, or
18    regulation.
19        (2) Provides information to or testifies before any
20    public body conducting an investigation, hearing, or
21    inquiry into any violation of a law, rule, or regulation by
22    a nursing home administrator.
23        (3) Assists or participates in a proceeding to enforce
24    the provisions of this Act.
25    (c) A violation of this Section may be established only

 

 

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1upon a finding that (i) the employee of the facility engaged in
2conduct described in subsection (b) of this Section and (ii)
3this conduct was a contributing factor in the retaliatory
4action alleged by the employee. There is no violation of this
5Section, however, if the facility demonstrates by clear and
6convincing evidence that it would have taken the same
7unfavorable personnel action in the absence of that conduct.
8    (d) The employee of the facility may be awarded all
9remedies necessary to make the employee whole and to prevent
10future violations of this Section. Remedies imposed by the
11court may include, but are not limited to, all of the
12following:
13        (1) Reinstatement of the employee to either the same
14    position held before the retaliatory action or to an
15    equivalent position.
16        (2) Two times the amount of back pay.
17        (3) Interest on the back pay.
18        (4) Reinstatement of full fringe benefits and
19    seniority rights.
20        (5) Payment of reasonable costs and attorney's fees.
21    (e) Nothing in this Section shall be deemed to diminish the
22rights, privileges, or remedies of an employee of a facility
23under any other federal or State law, rule, or regulation or
24under any employment contract.
 
25
ARTICLE IV. FACILITY PAYMENTS

 

 

 

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1    Section 4-101. Cooperative arrangements. The Department
2shall enter into one or more cooperative arrangements with the
3Illinois Department of Public Aid, the Department on Aging, the
4Office of the State Fire Marshal, and any other appropriate
5entity for the purpose of developing a single survey for
6nursing facilities, including, but not limited to, facilities
7funded under Title XVIII or Title XIX of the federal Social
8Security Act, or both, which shall be administered and
9conducted solely by the Department. The Departments shall test
10the single survey process on a pilot basis, with both the
11Departments of Public Aid and Public Health represented on the
12consolidated survey team. After the pilot period ends, unless
13otherwise determined by the Governor, a single survey shall be
14implemented by the Department of Public Health that would not
15preclude staff from the Department of Healthcare and Family
16Services (formerly Department of Public Aid) from going on-site
17to nursing facilities to perform necessary audits and reviews
18which shall not replicate the single State agency survey
19required by this Act. This Article shall not apply to community
20or intermediate care facilities for the developmentally
21disabled.
 
22    Section 4-102. Standards of payment; Department of
23Healthcare and Family Services. The Department of Healthcare
24and Family Services shall develop standards of payment of

 

 

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1specialized mental health rehabilitation facilities providing
2such services under this Article which:
3        (1) Provide for the determination of a facility's
4    payment for services on a prospective basis. The amount of
5    the payment rate for all facilities certified by the
6    Department of Public Health under the Act as mental health
7    rehabilitation facilities for the mentally ill under the
8    medical assistance program shall be prospectively
9    established annually on the basis of historical,
10    financial, and statistical data reflecting actual costs
11    from prior years, which shall be applied to the current
12    rate year and updated for inflation, except that the
13    capital cost element for newly constructed facilities
14    shall be based upon projected budgets.
15        For facilities licensed by the Department of Public
16    Health under this Act, the methodologies in effect for
17    facilities licensed under the Nursing Home Care Act shall
18    be deemed in effect for facilities licensed under this Act.
19        (2) Shall take into account the actual costs incurred
20    by facilities in providing services for recipients of under
21    the medical assistance program.
22        (3) Shall take into account the medical and psycho
23    social characteristics and needs of the patients.
24        (4) Shall take into account the actual costs incurred
25    by facilities in meeting licensing and certification
26    standards imposed and prescribed by the State of Illinois,

 

 

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1    any of its political subdivisions or municipalities and by
2    the U.S. Department of Health and Human Services pursuant
3    to Title XIX of the Social Security Act.
4    The Department of Healthcare and Family Services shall
5develop precise standards for payments to reimburse facilities
6for any utilization of appropriate rehabilitative personnel
7for the provision of rehabilitative services which is
8authorized by federal regulations, including reimbursement for
9services provided by qualified therapists or qualified
10assistants, and which is in accordance with accepted
11professional practices. Reimbursement also may be made for
12utilization of other supportive personnel under appropriate
13supervision.
 
14    Section 4-103. Elements of payment rate.
15    (a) The Department of Healthcare and Family Services shall
16develop a prospective method for determining payment rates for
17specialized mental health rehabilitation facilities composed
18of the following cost elements:
19        (1) Standard Services, with the cost of this component
20    being determined by taking into account the actual costs to
21    the facilities of these services subject to cost ceilings
22    to be defined in the Department's rules.
23        (2) Resident Services, with the cost of this component
24    being determined by taking into account the actual costs,
25    needs and utilization of these services, as derived from an

 

 

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1    assessment of the resident needs in the facilities.
2        (3) Ancillary Services, with the payment rate being
3    developed for each individual type of service. Payment
4    shall be made only when authorized under procedures
5    developed by the Department of Healthcare and Family
6    Services.
7        (4) Nurse's Aide Training, with the cost of this
8    component being determined by taking into account the
9    actual cost to the facilities of such training.
10        (5) Real Estate Taxes, with the cost of this component
11    being determined by taking into account the figures
12    contained in the most currently available cost reports
13    (with no imposition of maximums) updated to the midpoint of
14    the current rate year for long-term care services.
15    (b) In developing a prospective method for determining
16payment rates for services in facilities, the Department of
17Healthcare and Family Services shall consider the following
18cost elements:
19        (1) Reasonable capital cost determined by utilizing
20    incurred interest rate and the current value of the
21    investment, including land, utilizing composite rates, or
22    by utilizing such other reasonable cost related methods
23    determined by the Department. The Department shall be
24    prohibited from establishing, including, and implementing
25    any depreciation factor in calculating the capital cost
26    element.

 

 

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1        (2) Profit, with the actual amount being produced and
2    accruing to the providers in the form of a return on their
3    total investment, on the basis of their ability to
4    economically and efficiently deliver a type of service. The
5    method of payment may assure the opportunity for a profit,
6    but shall not guarantee or establish a specific amount as a
7    cost.
8    (c) The Department may implement the amendatory changes to
9this Section made by this Act through the use of emergency
10rules in accordance with the provisions of Section 5.02 of the
11Illinois Administrative Procedure Act. For purposes of the
12Illinois Administrative Procedure Act, the adoption of rules to
13implement this Section shall be deemed an emergency and
14necessary for the public interest, safety and welfare.
15    (d) The Department of Public Healthcare and Family Services
16shall utilize existing rules regarding payment for appropriate
17services, including care planning, discharge planning, and
18treatment provided by facilities prior to the effective date of
19this Act.
 
20    Section 4-104. Cost reports; audits. The Department of
21Healthcare and Family Services shall work with the Department
22of Public Health to use cost report information currently being
23collected under provisions of this Act. The Department of
24Healthcare and Family Services may, in conjunction with the
25Department of Public Health, develop in accordance with

 

 

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1generally accepted accounting principles a uniform chart of
2accounts which each facility providing services under the
3medical assistance program shall adopt, after a reasonable
4period.
5    Facilities that provide services to clients eligible for
6medical assistance under this Article are responsible for
7submitting the required annual cost report to the Department of
8Healthcare and Family Services.
9    The Department of Healthcare and Family Services shall
10audit the financial and statistical records of each provider
11participating in the medical assistance program as a facility
12over a 3-year period, beginning with the close of the first
13cost reporting year. Following the end of this 3-year term,
14audits of the financial and statistical records will be
15performed each year in at least 20% of the facilities
16participating in the medical assistance program with at least
1710% being selected on a random sample basis, and the remainder
18selected on the basis of exceptional profiles. All audits shall
19be conducted in accordance with generally accepted auditing
20standards.
21    The Department of Healthcare and Family Services shall
22establish prospective payment rates for categories of service
23needed within the nursing facility levels of services, in order
24to more appropriately recognize the individual needs of
25patients in nursing facilities.
26    The Department of Healthcare and Family Services shall

 

 

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1provide, during the process of establishing the payment rate
2for services, or when a substantial change in rates is
3proposed, an opportunity for public review and comment on the
4proposed rates prior to their becoming effective.
 
5
ARTICLE 90. AMENDATORY PROVISIONS

 
6    Section 90-5. The Election Code is amended by changing
7Sections 3-3, 4-6.3, 4-10, 5-9, 5-16.3, 6-50.3, 6-56, 19-4,
819-12.1, and 19-12.2 as follows:
 
9    (10 ILCS 5/3-3)  (from Ch. 46, par. 3-3)
10    Sec. 3-3. Every honorably discharged soldier or sailor who
11is an inmate of any soldiers' and sailors' home within the
12State of Illinois, any person who is a resident of a facility
13licensed or certified pursuant to the Nursing Home Care Act,
14the Specialized Mental Health Rehabilitation Act, or the MR/DD
15Community Care Act, or any person who is a resident of a
16community-integrated living arrangement, as defined in Section
173 of the Community-Integrated Living Arrangements Licensure
18and Certification Act, for 30 days or longer, and who is a
19citizen of the United States and has resided in this State and
20in the election district 30 days next preceding any election
21shall be entitled to vote in the election district in which any
22such home or community-integrated living arrangement in which
23he is an inmate or resident is located, for all officers that

 

 

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1now are or hereafter may be elected by the people, and upon all
2questions that may be submitted to the vote of the people:
3Provided, that he shall declare upon oath, that it was his bona
4fide intention at the time he entered said home or
5community-integrated living arrangement to become a resident
6thereof.
7(Source: P.A. 96-339, eff. 7-1-10; 96-563, eff. 1-1-10;
896-1000, eff. 7-2-10.)
 
9    (10 ILCS 5/4-6.3)  (from Ch. 46, par. 4-6.3)
10    Sec. 4-6.3. The county clerk may establish a temporary
11place of registration for such times and at such locations
12within the county as the county clerk may select. However, no
13temporary place of registration may be in operation during the
1427 days preceding an election. Notice of the time and place of
15registration under this Section shall be published by the
16county clerk in a newspaper having a general circulation in the
17county not less than 3 nor more than 15 days before the holding
18of such registration.
19    Temporary places of registration shall be established so
20that the areas of concentration of population or use by the
21public are served, whether by facilities provided in places of
22private business or in public buildings or in mobile units.
23Areas which may be designated as temporary places of
24registration include, but are not limited to, facilities
25licensed or certified pursuant to the Nursing Home Care Act,

 

 

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1the Specialized Mental Health Rehabilitation Act, or the MR/DD
2Community Care Act, Soldiers' and Sailors' Homes, shopping
3centers, business districts, public buildings and county
4fairs.
5    Temporary places of registration shall be available to the
6public not less than 2 hours per year for each 1,000 population
7or fraction thereof in the county.
8    All temporary places of registration shall be manned by
9deputy county clerks or deputy registrars appointed pursuant to
10Section 4-6.2.
11(Source: P.A. 96-339, eff. 7-1-10.)
 
12    (10 ILCS 5/4-10)  (from Ch. 46, par. 4-10)
13    Sec. 4-10. Except as herein provided, no person shall be
14registered, unless he applies in person to a registration
15officer, answers such relevant questions as may be asked of him
16by the registration officer, and executes the affidavit of
17registration. The registration officer shall require the
18applicant to furnish two forms of identification, and except in
19the case of a homeless individual, one of which must include
20his or her residence address. These forms of identification
21shall include, but not be limited to, any of the following:
22driver's license, social security card, public aid
23identification card, utility bill, employee or student
24identification card, lease or contract for a residence, credit
25card, or a civic, union or professional association membership

 

 

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1card. The registration officer shall require a homeless
2individual to furnish evidence of his or her use of the mailing
3address stated. This use may be demonstrated by a piece of mail
4addressed to that individual and received at that address or by
5a statement from a person authorizing use of the mailing
6address. The registration officer shall require each applicant
7for registration to read or have read to him the affidavit of
8registration before permitting him to execute the affidavit.
9    One of the registration officers or a deputy registration
10officer, county clerk, or clerk in the office of the county
11clerk, shall administer to all persons who shall personally
12apply to register the following oath or affirmation:
13    "You do solemnly swear (or affirm) that you will fully and
14truly answer all such questions as shall be put to you touching
15your name, place of residence, place of birth, your
16qualifications as an elector and your right as such to register
17and vote under the laws of the State of Illinois."
18    The registration officer shall satisfy himself that each
19applicant for registration is qualified to register before
20registering him. If the registration officer has reason to
21believe that the applicant is a resident of a Soldiers' and
22Sailors' Home or any facility which is licensed or certified
23pursuant to the Nursing Home Care Act, the Specialized Mental
24Health Rehabilitation Act, or the MR/DD Community Care Act, the
25following question shall be put, "When you entered the home
26which is your present address, was it your bona fide intention

 

 

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1to become a resident thereof?" Any voter of a township, city,
2village or incorporated town in which such applicant resides,
3shall be permitted to be present at the place of any precinct
4registration and shall have the right to challenge any
5applicant who applies to be registered.
6    In case the officer is not satisfied that the applicant is
7qualified he shall forthwith notify such applicant in writing
8to appear before the county clerk to complete his registration.
9Upon the card of such applicant shall be written the word
10"incomplete" and no such applicant shall be permitted to vote
11unless such registration is satisfactorily completed as
12hereinafter provided. No registration shall be taken and marked
13as incomplete if information to complete it can be furnished on
14the date of the original application.
15    Any person claiming to be an elector in any election
16precinct and whose registration card is marked "Incomplete" may
17make and sign an application in writing, under oath, to the
18county clerk in substance in the following form:
19    "I do solemnly swear that I, ...., did on (insert date)
20make application to the board of registry of the .... precinct
21of the township of .... (or to the county clerk of .... county)
22and that said board or clerk refused to complete my
23registration as a qualified voter in said precinct. That I
24reside in said precinct, that I intend to reside in said
25precinct, and am a duly qualified voter of said precinct and am
26entitled to be registered to vote in said precinct at the next

 

 

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1election.
2(Signature of applicant) ............................."
 
3    All such applications shall be presented to the county
4clerk or to his duly authorized representative by the
5applicant, in person between the hours of 9:00 a.m. and 5:00
6p.m. on any day after the days on which the 1969 and 1970
7precinct re-registrations are held but not on any day within 27
8days preceding the ensuing general election and thereafter for
9the registration provided in Section 4-7 all such applications
10shall be presented to the county clerk or his duly authorized
11representative by the applicant in person between the hours of
129:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
13the ensuing general election. Such application shall be heard
14by the county clerk or his duly authorized representative at
15the time the application is presented. If the applicant for
16registration has registered with the county clerk, such
17application may be presented to and heard by the county clerk
18or by his duly authorized representative upon the dates
19specified above or at any time prior thereto designated by the
20county clerk.
21    Any otherwise qualified person who is absent from his
22county of residence either due to business of the United States
23or because he is temporarily outside the territorial limits of
24the United States may become registered by mailing an
25application to the county clerk within the periods of

 

 

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1registration provided for in this Article, or by simultaneous
2application for absentee registration and absentee ballot as
3provided in Article 20 of this Code.
4    Upon receipt of such application the county clerk shall
5immediately mail an affidavit of registration in duplicate,
6which affidavit shall contain the following and such other
7information as the State Board of Elections may think it proper
8to require for the identification of the applicant:
9    Name. The name of the applicant, giving surname and first
10or Christian name in full, and the middle name or the initial
11for such middle name, if any.
12    Sex.
13    Residence. The name and number of the street, avenue or
14other location of the dwelling, and such additional clear and
15definite description as may be necessary to determine the exact
16location of the dwelling of the applicant. Where the location
17cannot be determined by street and number, then the Section,
18congressional township and range number may be used, or such
19other information as may be necessary, including post office
20mailing address.
21    Term of residence in the State of Illinois and the
22precinct.
23    Nativity. The State or country in which the applicant was
24born.
25    Citizenship. Whether the applicant is native born or
26naturalized. If naturalized, the court, place and date of

 

 

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1naturalization.
2    Age. Date of birth, by month, day and year.
3    Out of State address of ..........................
4
AFFIDAVIT OF REGISTRATION
5State of ...........)  
6                   )ss
7County of ..........)
8    I hereby swear (or affirm) that I am a citizen of the
9United States; that on the day of the next election I shall
10have resided in the State of Illinois and in the election
11precinct 30 days; that I am fully qualified to vote, that I am
12not registered to vote anywhere else in the United States, that
13I intend to remain a resident of the State of Illinois and of
14the election precinct, that I intend to return to the State of
15Illinois, and that the above statements are true.
16
..............................
17
(His or her signature or mark)
18    Subscribed and sworn to before me, an officer qualified to
19administer oaths, on (insert date).
20
........................................
21
Signature of officer administering oath.
22    Upon receipt of the executed duplicate affidavit of
23Registration, the county clerk shall transfer the information
24contained thereon to duplicate Registration Cards provided for
25in Section 4-8 of this Article and shall attach thereto a copy
26of each of the duplicate affidavit of registration and

 

 

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1thereafter such registration card and affidavit shall
2constitute the registration of such person the same as if he
3had applied for registration in person.
4(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
596-1000, eff. 7-2-10.)
 
6    (10 ILCS 5/5-9)  (from Ch. 46, par. 5-9)
7    Sec. 5-9. Except as herein provided, no person shall be
8registered unless he applies in person to registration officer,
9answers such relevant questions as may be asked of him by the
10registration officer, and executes the affidavit of
11registration. The registration officer shall require the
12applicant to furnish two forms of identification, and except in
13the case of a homeless individual, one of which must include
14his or her residence address. These forms of identification
15shall include, but not be limited to, any of the following:
16driver's license, social security card, public aid
17identification card, utility bill, employee or student
18identification card, lease or contract for a residence, credit
19card, or a civic, union or professional association membership
20card. The registration officer shall require a homeless
21individual to furnish evidence of his or her use of the mailing
22address stated. This use may be demonstrated by a piece of mail
23addressed to that individual and received at that address or by
24a statement from a person authorizing use of the mailing
25address. The registration officer shall require each applicant

 

 

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1for registration to read or have read to him the affidavit of
2registration before permitting him to execute the affidavit.
3    One of the Deputy Registrars, the Judge of Registration, or
4an Officer of Registration, County Clerk, or clerk in the
5office of the County Clerk, shall administer to all persons who
6shall personally apply to register the following oath or
7affirmation:
8    "You do solemnly swear (or affirm) that you will fully and
9truly answer all such questions as shall be put to you touching
10your place of residence, name, place of birth, your
11qualifications as an elector and your right as such to register
12and vote under the laws of the State of Illinois."
13    The Registration Officer shall satisfy himself that each
14applicant for registration is qualified to register before
15registering him. If the registration officer has reason to
16believe that the applicant is a resident of a Soldiers' and
17Sailors' Home or any facility which is licensed or certified
18pursuant to the Nursing Home Care Act, the Specialized Mental
19Health Rehabilitation Act, or the MR/DD Community Care Act, the
20following question shall be put, "When you entered the home
21which is your present address, was it your bona fide intention
22to become a resident thereof?" Any voter of a township, city,
23village or incorporated town in which such applicant resides,
24shall be permitted to be present at the place of precinct
25registration, and shall have the right to challenge any
26applicant who applies to be registered.

 

 

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1    In case the officer is not satisfied that the applicant is
2qualified, he shall forthwith in writing notify such applicant
3to appear before the County Clerk to furnish further proof of
4his qualifications. Upon the card of such applicant shall be
5written the word "Incomplete" and no such applicant shall be
6permitted to vote unless such registration is satisfactorily
7completed as hereinafter provided. No registration shall be
8taken and marked as "incomplete" if information to complete it
9can be furnished on the date of the original application.
10    Any person claiming to be an elector in any election
11precinct in such township, city, village or incorporated town
12and whose registration is marked "Incomplete" may make and sign
13an application in writing, under oath, to the County Clerk in
14substance in the following form:
15    "I do solemnly swear that I, .........., did on (insert
16date) make application to the Board of Registry of the ........
17precinct of ........ ward of the City of .... or of the
18......... District ......... Town of .......... (or to the
19County Clerk of .............) and ............ County; that
20said Board or Clerk refused to complete my registration as a
21qualified voter in said precinct, that I reside in said
22precinct (or that I intend to reside in said precinct), am a
23duly qualified voter and entitled to vote in said precinct at
24the next election.
25
...........................
26
(Signature of Applicant)"

 

 

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1    All such applications shall be presented to the County
2Clerk by the applicant, in person between the hours of nine
3o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
4the third week subsequent to the weeks in which the 1961 and
51962 precinct re-registrations are to be held, and thereafter
6for the registration provided in Section 5-17 of this Article,
7all such applications shall be presented to the County Clerk by
8the applicant in person between the hours of nine o'clock a.m.
9and nine o'clock p.m. on Monday and Tuesday of the third week
10prior to the date on which such election is to be held.
11    Any otherwise qualified person who is absent from his
12county of residence either due to business of the United States
13or because he is temporarily outside the territorial limits of
14the United States may become registered by mailing an
15application to the county clerk within the periods of
16registration provided for in this Article or by simultaneous
17application for absentee registration and absentee ballot as
18provided in Article 20 of this Code.
19    Upon receipt of such application the county clerk shall
20immediately mail an affidavit of registration in duplicate,
21which affidavit shall contain the following and such other
22information as the State Board of Elections may think it proper
23to require for the identification of the applicant:
24    Name. The name of the applicant, giving surname and first
25or Christian name in full, and the middle name or the initial
26for such middle name, if any.

 

 

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1    Sex.
2    Residence. The name and number of the street, avenue or
3other location of the dwelling, and such additional clear and
4definite description as may be necessary to determine the exact
5location of the dwelling of the applicant. Where the location
6cannot be determined by street and number, then the Section,
7congressional township and range number may be used, or such
8other information as may be necessary, including post office
9mailing address.
10    Term of residence in the State of Illinois and the
11precinct.
12    Nativity. The State or country in which the applicant was
13born.
14    Citizenship. Whether the applicant is native born or
15naturalized. If naturalized, the court, place and date of
16naturalization.
17    Age. Date of birth, by month, day and year.
18    Out of State address of ..........................
19
AFFIDAVIT OF REGISTRATION
20State of .........)  
21                 )ss
22County of ........)
23    I hereby swear (or affirm) that I am a citizen of the
24United States; that on the day of the next election I shall
25have resided in the State of Illinois for 6 months and in the
26election precinct 30 days; that I am fully qualified to vote,

 

 

09700SB0769ham001- 209 -LRB097 04502 RPM 55303 a

1that I am not registered to vote anywhere else in the United
2States, that I intend to remain a resident of the State of
3Illinois and of the election precinct, that I intend to return
4to the State of Illinois, and that the above statements are
5true.
6
..............................
7
(His or her signature or mark)
8    Subscribed and sworn to before me, an officer qualified to
9administer oaths, on (insert date).
10
........................................
11
Signature of officer administering oath.

 
12
13    Upon receipt of the executed duplicate affidavit of
14Registration, the county clerk shall transfer the information
15contained thereon to duplicate Registration Cards provided for
16in Section 5-7 of this Article and shall attach thereto a copy
17of each of the duplicate affidavit of registration and
18thereafter such registration card and affidavit shall
19constitute the registration of such person the same as if he
20had applied for registration in person.
21(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
2296-1000, eff. 7-2-10.)
 
23    (10 ILCS 5/5-16.3)  (from Ch. 46, par. 5-16.3)
24    Sec. 5-16.3. The county clerk may establish temporary

 

 

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1places of registration for such times and at such locations
2within the county as the county clerk may select. However, no
3temporary place of registration may be in operation during the
427 days preceding an election. Notice of time and place of
5registration at any such temporary place of registration under
6this Section shall be published by the county clerk in a
7newspaper having a general circulation in the county not less
8than 3 nor more than 15 days before the holding of such
9registration.
10    Temporary places of registration shall be established so
11that the areas of concentration of population or use by the
12public are served, whether by facilities provided in places of
13private business or in public buildings or in mobile units.
14Areas which may be designated as temporary places of
15registration include, but are not limited to, facilities
16licensed or certified pursuant to the Nursing Home Care Act,
17the Specialized Mental Health Rehabilitation Act, or the MR/DD
18Community Care Act, Soldiers' and Sailors' Homes, shopping
19centers, business districts, public buildings and county
20fairs.
21    Temporary places of registration shall be available to the
22public not less than 2 hours per year for each 1,000 population
23or fraction thereof in the county.
24    All temporary places of registration shall be manned by
25deputy county clerks or deputy registrars appointed pursuant to
26Section 5-16.2.

 

 

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1(Source: P.A. 96-339, eff. 7-1-10.)
 
2    (10 ILCS 5/6-50.3)  (from Ch. 46, par. 6-50.3)
3    Sec. 6-50.3. The board of election commissioners may
4establish temporary places of registration for such times and
5at such locations as the board may select. However, no
6temporary place of registration may be in operation during the
727 days preceding an election. Notice of the time and place of
8registration at any such temporary place of registration under
9this Section shall be published by the board of election
10commissioners in a newspaper having a general circulation in
11the city, village or incorporated town not less than 3 nor more
12than 15 days before the holding of such registration.
13    Temporary places of registration shall be established so
14that the areas of concentration of population or use by the
15public are served, whether by facilities provided in places of
16private business or in public buildings or in mobile units.
17Areas which may be designated as temporary places of
18registration include, but are not limited to facilities
19licensed or certified pursuant to the Nursing Home Care Act,
20the Specialized Mental Health Rehabilitation Act, or the MR/DD
21Community Care Act, Soldiers' and Sailors' Homes, shopping
22centers, business districts, public buildings and county
23fairs.
24    Temporary places of registration shall be available to the
25public not less than 2 hours per year for each 1,000 population

 

 

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1or fraction thereof in the county.
2    All temporary places of registration shall be manned by
3employees of the board of election commissioners or deputy
4registrars appointed pursuant to Section 6-50.2.
5(Source: P.A. 96-339, eff. 7-1-10.)
 
6    (10 ILCS 5/6-56)  (from Ch. 46, par. 6-56)
7    Sec. 6-56. Not more than 30 nor less than 28 days before
8any election under this Article, all owners, managers,
9administrators or operators of hotels, lodging houses, rooming
10houses, furnished apartments or facilities licensed or
11certified under the Nursing Home Care Act, which house 4 or
12more persons, outside the members of the family of such owner,
13manager, administrator or operator, shall file with the board
14of election commissioners a report, under oath, together with
15one copy thereof, in such form as may be required by the board
16of election commissioners, of the names and descriptions of all
17lodgers, guests or residents claiming a voting residence at the
18hotels, lodging houses, rooming houses, furnished apartments,
19or facility licensed or certified under the Nursing Home Care
20Act, the Specialized Mental Health Rehabilitation Act, or the
21MR/DD Community Care Act under their control. In counties
22having a population of 500,000 or more such report shall be
23made on forms mailed to them by the board of election
24commissioners. The board of election commissioners shall sort
25and assemble the sworn copies of the reports in numerical order

 

 

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1according to ward and according to precincts within each ward
2and shall, not later than 5 days after the last day allowed by
3this Article for the filing of the reports, maintain one
4assembled set of sworn duplicate reports available for public
5inspection until 60 days after election days. Except as is
6otherwise expressly provided in this Article, the board shall
7not be required to perform any duties with respect to the sworn
8reports other than to mail, sort, assemble, post and file them
9as hereinabove provided.
10    Except in such cases where a precinct canvass is being
11conducted by the Board of Election Commissioners prior to a
12Primary or Election, the board of election commissioners shall
13compare the original copy of each such report with the list of
14registered voters from such addresses. Every person registered
15from such address and not listed in such report or whose name
16is different from any name so listed, shall immediately after
17the last day of registration be sent a notice through the
18United States mail, at the address appearing upon his
19registration record card, requiring him to appear before the
20board of election commissioners on one of the days specified in
21Section 6-45 of this Article and show cause why his
22registration should not be cancelled. The provisions of
23Sections 6-45, 6-46 and 6-47 of this Article shall apply to
24such hearing and proceedings subsequent thereto.
25    Any owner, manager or operator of any such hotel, lodging
26house, rooming house or furnished apartment who shall fail or

 

 

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1neglect to file such statement and copy thereof as in this
2Article provided, may, upon written information of the attorney
3for the election commissioners, be cited by the election
4commissioners or upon the complaint of any voter of such city,
5village or incorporated town, to appear before them and furnish
6such sworn statement and copy thereof and make such oral
7statements under oath regarding such hotel, lodging house,
8rooming house or furnished apartment, as the election
9commissioners may require. The election commissioners shall
10sit to hear such citations on the Friday of the fourth week
11preceding the week in which such election is to be held. Such
12citation shall be served not later than the day preceding the
13day on which it is returnable.
14(Source: P.A. 96-339, eff. 7-1-10.)
 
15    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
16    Sec. 19-4. Mailing or delivery of ballots - Time.)
17Immediately upon the receipt of such application either by
18mail, not more than 40 days nor less than 5 days prior to such
19election, or by personal delivery not more than 40 days nor
20less than one day prior to such election, at the office of such
21election authority, it shall be the duty of such election
22authority to examine the records to ascertain whether or not
23such applicant is lawfully entitled to vote as requested,
24including a verification of the applicant's signature by
25comparison with the signature on the official registration

 

 

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1record card, and if found so to be entitled to vote, to post
2within one business day thereafter the name, street address,
3ward and precinct number or township and district number, as
4the case may be, of such applicant given on a list, the pages
5of which are to be numbered consecutively to be kept by such
6election authority for such purpose in a conspicuous, open and
7public place accessible to the public at the entrance of the
8office of such election authority, and in such a manner that
9such list may be viewed without necessity of requesting
10permission therefor. Within one day after posting the name and
11other information of an applicant for an absentee ballot, the
12election authority shall transmit that name and other posted
13information to the State Board of Elections, which shall
14maintain those names and other information in an electronic
15format on its website, arranged by county and accessible to
16State and local political committees. Within 2 business days
17after posting a name and other information on the list within
18its office, the election authority shall mail, postage prepaid,
19or deliver in person in such office an official ballot or
20ballots if more than one are to be voted at said election. Mail
21delivery of Temporarily Absent Student ballot applications
22pursuant to Section 19-12.3 shall be by nonforwardable mail.
23However, for the consolidated election, absentee ballots for
24certain precincts may be delivered to applicants not less than
2525 days before the election if so much time is required to have
26prepared and printed the ballots containing the names of

 

 

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1persons nominated for offices at the consolidated primary. The
2election authority shall enclose with each absentee ballot or
3application written instructions on how voting assistance
4shall be provided pursuant to Section 17-14 and a document,
5written and approved by the State Board of Elections,
6enumerating the circumstances under which a person is
7authorized to vote by absentee ballot pursuant to this Article;
8such document shall also include a statement informing the
9applicant that if he or she falsifies or is solicited by
10another to falsify his or her eligibility to cast an absentee
11ballot, such applicant or other is subject to penalties
12pursuant to Section 29-10 and Section 29-20 of the Election
13Code. Each election authority shall maintain a list of the
14name, street address, ward and precinct, or township and
15district number, as the case may be, of all applicants who have
16returned absentee ballots to such authority, and the name of
17such absent voter shall be added to such list within one
18business day from receipt of such ballot. If the absentee
19ballot envelope indicates that the voter was assisted in
20casting the ballot, the name of the person so assisting shall
21be included on the list. The list, the pages of which are to be
22numbered consecutively, shall be kept by each election
23authority in a conspicuous, open, and public place accessible
24to the public at the entrance of the office of the election
25authority and in a manner that the list may be viewed without
26necessity of requesting permission for viewing.

 

 

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1    Each election authority shall maintain a list for each
2election of the voters to whom it has issued absentee ballots.
3The list shall be maintained for each precinct within the
4jurisdiction of the election authority. Prior to the opening of
5the polls on election day, the election authority shall deliver
6to the judges of election in each precinct the list of
7registered voters in that precinct to whom absentee ballots
8have been issued by mail.
9    Each election authority shall maintain a list for each
10election of voters to whom it has issued temporarily absent
11student ballots. The list shall be maintained for each election
12jurisdiction within which such voters temporarily abide.
13Immediately after the close of the period during which
14application may be made by mail for absentee ballots, each
15election authority shall mail to each other election authority
16within the State a certified list of all such voters
17temporarily abiding within the jurisdiction of the other
18election authority.
19    In the event that the return address of an application for
20ballot by a physically incapacitated elector is that of a
21facility licensed or certified under the Nursing Home Care Act,
22the Specialized Mental Health Rehabilitation Act, or the MR/DD
23Community Care Act, within the jurisdiction of the election
24authority, and the applicant is a registered voter in the
25precinct in which such facility is located, the ballots shall
26be prepared and transmitted to a responsible judge of election

 

 

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1no later than 9 a.m. on the Saturday, Sunday or Monday
2immediately preceding the election as designated by the
3election authority under Section 19-12.2. Such judge shall
4deliver in person on the designated day the ballot to the
5applicant on the premises of the facility from which
6application was made. The election authority shall by mail
7notify the applicant in such facility that the ballot will be
8delivered by a judge of election on the designated day.
9    All applications for absentee ballots shall be available at
10the office of the election authority for public inspection upon
11request from the time of receipt thereof by the election
12authority until 30 days after the election, except during the
13time such applications are kept in the office of the election
14authority pursuant to Section 19-7, and except during the time
15such applications are in the possession of the judges of
16election.
17(Source: P.A. 96-339, eff. 7-1-10.)
 
18    (10 ILCS 5/19-12.1)  (from Ch. 46, par. 19-12.1)
19    Sec. 19-12.1. Any qualified elector who has secured an
20Illinois Disabled Person Identification Card in accordance
21with The Illinois Identification Card Act, indicating that the
22person named thereon has a Class 1A or Class 2 disability or
23any qualified voter who has a permanent physical incapacity of
24such a nature as to make it improbable that he will be able to
25be present at the polls at any future election, or any voter

 

 

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1who is a resident of a facility licensed or certified pursuant
2to the Nursing Home Care Act, the Specialized Mental Health
3Rehabilitation Act, or the MR/DD Community Care Act and has a
4condition or disability of such a nature as to make it
5improbable that he will be able to be present at the polls at
6any future election, may secure a disabled voter's or nursing
7home resident's identification card, which will enable him to
8vote under this Article as a physically incapacitated or
9nursing home voter.
10    Application for a disabled voter's or nursing home
11resident's identification card shall be made either: (a) in
12writing, with voter's sworn affidavit, to the county clerk or
13board of election commissioners, as the case may be, and shall
14be accompanied by the affidavit of the attending physician
15specifically describing the nature of the physical incapacity
16or the fact that the voter is a nursing home resident and is
17physically unable to be present at the polls on election days;
18or (b) by presenting, in writing or otherwise, to the county
19clerk or board of election commissioners, as the case may be,
20proof that the applicant has secured an Illinois Disabled
21Person Identification Card indicating that the person named
22thereon has a Class 1A or Class 2 disability. Upon the receipt
23of either the sworn-to application and the physician's
24affidavit or proof that the applicant has secured an Illinois
25Disabled Person Identification Card indicating that the person
26named thereon has a Class 1A or Class 2 disability, the county

 

 

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1clerk or board of election commissioners shall issue a disabled
2voter's or nursing home resident's identification card. Such
3identification cards shall be issued for a period of 5 years,
4upon the expiration of which time the voter may secure a new
5card by making application in the same manner as is prescribed
6for the issuance of an original card, accompanied by a new
7affidavit of the attending physician. The date of expiration of
8such five-year period shall be made known to any interested
9person by the election authority upon the request of such
10person. Applications for the renewal of the identification
11cards shall be mailed to the voters holding such cards not less
12than 3 months prior to the date of expiration of the cards.
13    Each disabled voter's or nursing home resident's
14identification card shall bear an identification number, which
15shall be clearly noted on the voter's original and duplicate
16registration record cards. In the event the holder becomes
17physically capable of resuming normal voting, he must surrender
18his disabled voter's or nursing home resident's identification
19card to the county clerk or board of election commissioners
20before the next election.
21    The holder of a disabled voter's or nursing home resident's
22identification card may make application by mail for an
23official ballot within the time prescribed by Section 19-2.
24Such application shall contain the same information as is
25included in the form of application for ballot by a physically
26incapacitated elector prescribed in Section 19-3 except that it

 

 

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1shall also include the applicant's disabled voter's
2identification card number and except that it need not be sworn
3to. If an examination of the records discloses that the
4applicant is lawfully entitled to vote, he shall be mailed a
5ballot as provided in Section 19-4. The ballot envelope shall
6be the same as that prescribed in Section 19-5 for physically
7disabled voters, and the manner of voting and returning the
8ballot shall be the same as that provided in this Article for
9other absentee ballots, except that a statement to be
10subscribed to by the voter but which need not be sworn to shall
11be placed on the ballot envelope in lieu of the affidavit
12prescribed by Section 19-5.
13    Any person who knowingly subscribes to a false statement in
14connection with voting under this Section shall be guilty of a
15Class A misdemeanor.
16    For the purposes of this Section, "nursing home resident"
17includes a resident of a facility licensed under the MR/DD
18Community Care Act or the Specialized Mental Health
19Rehabilitation Act.
20(Source: P.A. 96-339, eff. 7-1-10.)
 
21    (10 ILCS 5/19-12.2)  (from Ch. 46, par. 19-12.2)
22    Sec. 19-12.2. Voting by physically incapacitated electors
23who have made proper application to the election authority not
24later than 5 days before the regular primary and general
25election of 1980 and before each election thereafter shall be

 

 

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1conducted on the premises of facilities licensed or certified
2pursuant to the Nursing Home Care Act, the Specialized Mental
3Health Rehabilitation Act, or the MR/DD Community Care Act for
4the sole benefit of residents of such facilities. Such voting
5shall be conducted during any continuous period sufficient to
6allow all applicants to cast their ballots between the hours of
79 a.m. and 7 p.m. either on the Friday, Saturday, Sunday or
8Monday immediately preceding the regular election. This
9absentee voting on one of said days designated by the election
10authority shall be supervised by two election judges who must
11be selected by the election authority in the following order of
12priority: (1) from the panel of judges appointed for the
13precinct in which such facility is located, or from a panel of
14judges appointed for any other precinct within the jurisdiction
15of the election authority in the same ward or township, as the
16case may be, in which the facility is located or, only in the
17case where a judge or judges from the precinct, township or
18ward are unavailable to serve, (3) from a panel of judges
19appointed for any other precinct within the jurisdiction of the
20election authority. The two judges shall be from different
21political parties. Not less than 30 days before each regular
22election, the election authority shall have arranged with the
23chief administrative officer of each facility in his or its
24election jurisdiction a mutually convenient time period on the
25Friday, Saturday, Sunday or Monday immediately preceding the
26election for such voting on the premises of the facility and

 

 

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1shall post in a prominent place in his or its office a notice
2of the agreed day and time period for conducting such voting at
3each facility; provided that the election authority shall not
4later than noon on the Thursday before the election also post
5the names and addresses of those facilities from which no
6applications were received and in which no supervised absentee
7voting will be conducted. All provisions of this Code
8applicable to pollwatchers shall be applicable herein. To the
9maximum extent feasible, voting booths or screens shall be
10provided to insure the privacy of the voter. Voting procedures
11shall be as described in Article 17 of this Code, except that
12ballots shall be treated as absentee ballots and shall not be
13counted until the close of the polls on the following day.
14After the last voter has concluded voting, the judges shall
15seal the ballots in an envelope and affix their signatures
16across the flap of the envelope. Immediately thereafter, the
17judges shall bring the sealed envelope to the office of the
18election authority who shall deliver such ballots to the
19election authority's central ballot counting location prior to
20the closing of the polls on the day of election. The judges of
21election shall also report to the election authority the name
22of any applicant in the facility who, due to unforeseen
23circumstance or condition or because of a religious holiday,
24was unable to vote. In this event, the election authority may
25appoint a qualified person from his or its staff to deliver the
26ballot to such applicant on the day of election. This staff

 

 

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1person shall follow the same procedures prescribed for judges
2conducting absentee voting in such facilities and shall return
3the ballot to the central ballot counting location before the
4polls close. However, if the facility from which the
5application was made is also used as a regular precinct polling
6place for that voter, voting procedures heretofore prescribed
7may be implemented by 2 of the election judges of opposite
8party affiliation assigned to that polling place during the
9hours of voting on the day of the election. Judges of election
10shall be compensated not less than $25.00 for conducting
11absentee voting in such facilities.
12    Not less than 120 days before each regular election, the
13Department of Public Health shall certify to the State Board of
14Elections a list of the facilities licensed or certified
15pursuant to the Nursing Home Care Act, the Specialized Mental
16Health Rehabilitation Act, or the MR/DD Community Care Act, and
17shall indicate the approved bed capacity and the name of the
18chief administrative officer of each such facility, and the
19State Board of Elections shall certify the same to the
20appropriate election authority within 20 days thereafter.
21(Source: P.A. 96-339, eff. 7-1-10.)
 
22    Section 90-20. The Mental Health and Developmental
23Disabilities Administrative Act is amended by changing Section
2415 as follows:
 

 

 

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1    (20 ILCS 1705/15)  (from Ch. 91 1/2, par. 100-15)
2    Sec. 15. Before any person is released from a facility
3operated by the State pursuant to an absolute discharge or a
4conditional discharge from hospitalization under this Act, the
5facility director of the facility in which such person is
6hospitalized shall determine that such person is not currently
7in need of hospitalization and:
8        (a) is able to live independently in the community; or
9        (b) requires further oversight and supervisory care
10    for which arrangements have been made with responsible
11    relatives or supervised residential program approved by
12    the Department; or
13        (c) requires further personal care or general
14    oversight as defined by the MR/DD Community Care Act or the
15    Specialized Mental Health Rehabilitation Act, for which
16    placement arrangements have been made with a suitable
17    family home or other licensed facility approved by the
18    Department under this Section; or
19        (d) requires community mental health services for
20    which arrangements have been made with a community mental
21    health provider in accordance with criteria, standards,
22    and procedures promulgated by rule.
23    Such determination shall be made in writing and shall
24become a part of the facility record of such absolutely or
25conditionally discharged person. When the determination
26indicates that the condition of the person to be granted an

 

 

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1absolute discharge or a conditional discharge is described
2under subparagraph (c) or (d) of this Section, the name and
3address of the continuing care facility or home to which such
4person is to be released shall be entered in the facility
5record. Where a discharge from a mental health facility is made
6under subparagraph (c), the Department shall assign the person
7so discharged to an existing community based not-for-profit
8agency for participation in day activities suitable to the
9person's needs, such as but not limited to social and
10vocational rehabilitation, and other recreational, educational
11and financial activities unless the community based
12not-for-profit agency is unqualified to accept such
13assignment. Where the clientele of any not-for-profit agency
14increases as a result of assignments under this amendatory Act
15of 1977 by more than 3% over the prior year, the Department
16shall fully reimburse such agency for the costs of providing
17services to such persons in excess of such 3% increase. The
18Department shall keep written records detailing how many
19persons have been assigned to a community based not-for-profit
20agency and how many persons were not so assigned because the
21community based agency was unable to accept the assignments, in
22accordance with criteria, standards, and procedures
23promulgated by rule. Whenever a community based agency is found
24to be unable to accept the assignments, the name of the agency
25and the reason for the finding shall be included in the report.
26    Insofar as desirable in the interests of the former

 

 

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1recipient, the facility, program or home in which the
2discharged person is to be placed shall be located in or near
3the community in which the person resided prior to
4hospitalization or in the community in which the person's
5family or nearest next of kin presently reside. Placement of
6the discharged person in facilities, programs or homes located
7outside of this State shall not be made by the Department
8unless there are no appropriate facilities, programs or homes
9available within this State. Out-of-state placements shall be
10subject to return of recipients so placed upon the availability
11of facilities, programs or homes within this State to
12accommodate these recipients, except where placement in a
13contiguous state results in locating a recipient in a facility
14or program closer to the recipient's home or family. If an
15appropriate facility or program becomes available equal to or
16closer to the recipient's home or family, the recipient shall
17be returned to and placed at the appropriate facility or
18program within this State.
19    To place any person who is under a program of the
20Department at board in a suitable family home or in such other
21facility or program as the Department may consider desirable.
22The Department may place in licensed nursing homes, sheltered
23care homes, or homes for the aged those persons whose
24behavioral manifestations and medical and nursing care needs
25are such as to be substantially indistinguishable from persons
26already living in such facilities. Prior to any placement by

 

 

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1the Department under this Section, a determination shall be
2made by the personnel of the Department, as to the capability
3and suitability of such facility to adequately meet the needs
4of the person to be discharged. When specialized programs are
5necessary in order to enable persons in need of supervised
6living to develop and improve in the community, the Department
7shall place such persons only in specialized residential care
8facilities which shall meet Department standards including
9restricted admission policy, special staffing and programming
10for social and vocational rehabilitation, in addition to the
11requirements of the appropriate State licensing agency. The
12Department shall not place any new person in a facility the
13license of which has been revoked or not renewed on grounds of
14inadequate programming, staffing, or medical or adjunctive
15services, regardless of the pendency of an action for
16administrative review regarding such revocation or failure to
17renew. Before the Department may transfer any person to a
18licensed nursing home, sheltered care home or home for the aged
19or place any person in a specialized residential care facility
20the Department shall notify the person to be transferred, or a
21responsible relative of such person, in writing, at least 30
22days before the proposed transfer, with respect to all the
23relevant facts concerning such transfer, except in cases of
24emergency when such notice is not required. If either the
25person to be transferred or a responsible relative of such
26person objects to such transfer, in writing to the Department,