(210 ILCS 45/3-102.3) Sec. 3-102.3. Religious and recreational activities; social isolation. (a) In this Section: "Assistive and supportive technology and devices" means computers, video conferencing equipment, distance based communication technology, or other technological equipment, accessories, or electronic licenses as may be necessary to ensure that residents are able to engage in face-to-face, verbal-based, or auditory-based contact, communication, religious activity, or recreational activity with other facility residents and with family members, friends, loved ones, caregivers, and other external support systems, through electronic means, in accordance with the provisions of paragraphs (2) and (3) of subsection (c). "Religious and recreational activities" includes any religious, social, or recreational activity that is consistent with a resident's preferences and choosing, regardless of whether the activity is coordinated, offered, provided, or sponsored by facility staff or by an outside activities provider. "Resident's representative" has the same meaning as provided in Section 1-123. "Social isolation" means a state of isolation wherein a resident of a long-term care facility is unable to engage in social interactions and religious and recreational activities with other facility residents or with family members, friends, loved ones, caregivers and external support systems. "Virtual visitation" means the use of face-to-face, verbal-based, or auditory-based contact through electronic means. (b) The Department shall: (1) require each long-term care facility in the State |
| to adopt and implement written policies, provide for the availability of assistive and supportive technology and devices to facility residents, and ensure that appropriate staff are in place to help prevent the social isolation of facility residents; and
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(2) communicate regularly with the Department of
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| Healthcare and Family Services and the Department on Aging regarding intergovernmental cooperation concerning best practices for potential funding for facilities to mitigate the potential for racial disparities as an unintended consequence of this Act.
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The virtual visitation policies shall not be interpreted as a substitute for in-person visitation, but shall be wholly in addition to existing in-person visitation policies.
(c) The social isolation prevention policies adopted by each long-term care facility pursuant to subsection (b) shall be consistent with rights and privileges guaranteed to residents and constraints provided under Sections 2-108, 2-109, and 2-110 and shall include the following:
(1) authorization and inclusion of specific protocols
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| and procedures to encourage and enable residents of the facility to engage in in-person contact, communication, religious activity, and recreational activity with other facility residents and with family members, friends, loved ones, caregivers, and other external support systems, except when prohibited, restricted, or limited by federal or State statute, rule, regulation, executive order, or guidance;
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(2) authorization and inclusion of specific protocols
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| and procedures to encourage and enable residents to engage in face-to-face, verbal-based, or auditory-based contact, communication, religious activity, and recreational activity with other facility residents and with family members, friends, loved ones, caregivers, and other external support systems through the use of electronic or virtual means and methods, including, but not limited to, computer technology, the Internet, social media, videoconferencing, videophone, and other innovative technological means or methods, whenever the resident is subject to restrictions that limit his or her ability to engage in in-person contact, communication, religious activity, or recreational activity as authorized by paragraph (1) and when the technology requested is not being used by other residents in the event of a limited number of items of technology in a facility;
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(3) a mechanism for residents of the facility or the
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| residents' representatives to request access to assistive and supportive technology and devices as may be necessary to facilitate the residents' engagement in face-to-face, verbal-based, or auditory-based contact, communication, religious activity, and recreational activity with other residents, family members, friends, and other external support systems, through electronic means, as provided by paragraph (2);
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(4) specific administrative policies, procedures, and
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(A) the acquisition, maintenance, and replacement
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| of assistive and supportive technology and devices;
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(B) the use of environmental barriers and other
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| controls when the assistive and supportive technology and devices acquired pursuant to subparagraph (A) are in use, especially in cases where the assistive and supportive technology and devices are likely to become contaminated with bodily substances, are touched frequently, or are difficult to clean; and
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(C) the regular cleaning of the assistive and
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| supportive technology and devices acquired pursuant to subparagraph (A) and any environmental barriers or other physical controls used in association therewith;
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(5) a requirement that (i) upon admission and (ii) at
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| the request of a resident or the resident's representative, appropriate staff shall develop and update an individualized virtual visitation schedule while taking into account the individual's requests and preferences with respect to the residents' participation in social interactions and religious and recreational activities;
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(6) a requirement that appropriate staff, upon the
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| request of a resident or the resident's family members, guardian, or representative, shall develop an individualized virtual visitation schedule for the resident, which shall:
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(A) address the need for a virtual visitation
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| schedule and establish a virtual visitation schedule if deemed to be appropriate;
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(B) identify the assessed needs and preferences
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| of the resident and any preferences specified by the resident's representative, unless a preference specified by the resident conflicts with a preference specified by the resident's representative, in which case the resident's preference shall take priority;
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(C) document the long-term care facility's
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| defined virtual hours of visitation and inform the resident and the resident's representative that virtual visitation pursuant to paragraph (2) of subsection (c) will adhere to the defined visitation hours;
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(D) describe the location within the facility and
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| assistive and supportive technology and devices to be used in virtual visitation; and
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(E) describe the respective
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| responsibilities of staff, visitors, and the resident when engaging in virtual visitation pursuant to the individualized visitation plan;
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(7) a requirement (i) upon admission and (ii) at the
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| request of the resident or the resident's representative, to provide notification to the resident and the resident's representative that they have the right to request of facility staff the creation and review of a resident's individualized virtual visitation schedule;
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(8) a requirement (i) upon admission and (ii) at the
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| request of the resident or resident's representative, to provide, in writing to the resident or resident's representative, virtual visitation hours, how to schedule a virtual visitation, and how to request assistive and supportive technology and devices;
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(9) specific policies, protocols, and procedures
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| governing a resident's requisition, use, and return of assistive and supportive technology and devices maintained pursuant to subparagraph (A) of paragraph (4), and require appropriate staff to communicate those policies, protocols, and procedures to residents; and
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(10) the designation of at least one member of the
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| therapeutic recreation or activities department, or, if the facility does not have such a department, the designation of at least one senior staff member, as determined by facility management, to train other appropriate facility employees, including, but not limited to, activities professionals and volunteers, social workers, occupational therapists, and therapy assistants, to provide direct assistance to residents upon request and on an as-needed basis, as necessary to ensure that each resident is able to successfully access and use, for the purposes specified in paragraphs (2) and (3) of this subsection, the assistive and supportive technology and devices acquired pursuant to subparagraph (A) of paragraph (4).
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(d) A long-term care facility may apply to the Department for civil monetary
penalty fund grants for assistive and supportive technology and devices and may request other available federal
and State funds.
(e) The Department shall determine whether a long-term
care facility is in compliance with the provisions of this
Section and the policies, protocols, and procedures adopted
pursuant to this Section in accordance with the Nursing Home Care Act for surveys and inspections.
In addition to any other applicable penalties provided by law, a long-term care facility that fails to comply with the provisions of this Section or properly implement the policies, protocols, and procedures adopted pursuant to subsection (b) shall be liable to pay an administrative penalty as a Type "C" violation, the amount of which shall be determined in accordance with a schedule established by the Department by rule. The schedule shall provide for an enhanced administrative penalty in the case of a repeat or ongoing violation. Implementation of an administrative penalty as a Type "C" violation under this subsection shall not be imposed prior to January 1, 2023.
(f) Whenever a complaint received by the Office of State Long Term Care Ombudsman discloses evidence that a long-term care facility has failed to comply with the provisions of this Section or to properly implement the policies, protocols, and procedures adopted pursuant to subsection (b), the Office of State Long Term Care Ombudsman shall refer the matter to the Department.
(g) This Section does not impact, limit, or constrict a resident's right to or usage of his or her personal property or electronic monitoring under Section 2-115.
(h) Specific protocols and procedures shall be developed to
ensure that the quantity of assistive and supportive technology and devices maintained on-site at the facility remains sufficient, at all times, to meet the assessed social and activity needs and preferences of each facility resident. Residents' family members or caregivers should be considered, as appropriate, in the assessment and reassessment.
(i) Within 60 days after the effective date of this amendatory Act of the 102nd General Assembly, the Department shall file rules necessary to implement the provisions of this Section. The rules shall include, but need not be limited to, minimum standards for the social isolation prevention policies to be adopted pursuant to subsection (b), a penalty schedule to be used pursuant to subsection (e), and policies
regarding a long-term care facility's Internet access and
subsequent Internet barriers in relation to a resident's
virtual visitation plan pursuant to paragraph (2) of subsection (c).
(j) The Department's rules under subsection (i) shall take into account Internet bandwidth limitations outside of the control of a long-term care facility.
(k) Nothing in this Section shall be interpreted to mean that addressing the issues of social isolation shall take precedence over providing for the health and safety of the residents.
(Source: P.A. 102-640, eff. 8-27-21.)
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(210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
Sec. 3-103. The procedure for obtaining a valid license shall be as follows:
(1) Application to operate a facility shall be made |
| to the Department on forms furnished by the Department.
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(2) All license applications shall be accompanied
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| with an application fee. The fee for an annual license shall be $1,990. Facilities that pay a fee or assessment pursuant to Article V-C of the Illinois Public Aid Code shall be exempt from the license fee imposed under this item (2). The fee for a 2-year license shall be double the fee for the annual license. The fees collected shall be deposited with the State Treasurer into the Long Term Care Monitor/Receiver Fund, which has been created as a special fund in the State treasury. This special fund is to be used by the Department for expenses related to the appointment of monitors and receivers as contained in Sections 3-501 through 3-517 of this Act, for the enforcement of this Act, for expenses related to surveyor development, and for implementation of the Abuse Prevention Review Team Act. All federal moneys received as a result of expenditures from the Fund shall be deposited into the Fund. The Department may reduce or waive a penalty pursuant to Section 3-308 only if that action will not threaten the ability of the Department to meet the expenses required to be met by the Long Term Care Monitor/Receiver Fund. The application shall be under oath and the submission of false or misleading information shall be a Class A misdemeanor. The application shall contain the following information:
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(a) The name and address of the applicant if an
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| individual, and if a firm, partnership, or association, of every member thereof, and in the case of a corporation, the name and address thereof and of its officers and its registered agent, and in the case of a unit of local government, the name and address of its chief executive officer;
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(b) The name and location of the facility for
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| which a license is sought;
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(c) The name of the person or persons under whose
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| management or supervision the facility will be conducted;
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(d) The number and type of residents for which
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| maintenance, personal care, or nursing is to be provided; and
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(e) Such information relating to the number,
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| experience, and training of the employees of the facility, any management agreements for the operation of the facility, and of the moral character of the applicant and employees as the Department may deem necessary.
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(3) Each initial application shall be accompanied by
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| a financial statement setting forth the financial condition of the applicant and by a statement from the unit of local government having zoning jurisdiction over the facility's location stating that the location of the facility is not in violation of a zoning ordinance. An initial application for a new facility shall be accompanied by a permit as required by the "Illinois Health Facilities Planning Act". After the application is approved, the applicant shall advise the Department every 6 months of any changes in the information originally provided in the application.
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(4) Other information necessary to determine the
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| identity and qualifications of an applicant to operate a facility in accordance with this Act shall be included in the application as required by the Department in regulations.
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(Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10; 96-1504, eff. 1-27-11; 96-1530, eff. 2-16-11; 97-489, eff. 1-1-12.)
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(210 ILCS 45/3-117) (from Ch. 111 1/2, par. 4153-117) Sec. 3-117. An application for a license may be denied for any of the
following reasons: (1) Failure to meet any of the minimum standards set |
| forth by this Act or by rules and regulations promulgated by the Department under this Act.
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(2) Conviction of the applicant, or if the applicant
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| is a firm, partnership or association, of any of its members, or if a corporation, the conviction of the corporation or any of its officers or stockholders, or of the person designated to manage or supervise the facility, of a felony, or of 2 or more misdemeanors involving moral turpitude, during the previous 5 years as shown by a certified copy of the record of the court of conviction.
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(3) Personnel insufficient in number or unqualified
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| by training or experience to properly care for the proposed number and type of residents.
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(4) Insufficient financial or other resources to
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| operate and conduct the facility in accordance with standards promulgated by the Department under this Act and with contractual obligations assumed by a recipient of a grant under the Equity in Long-term Care Quality Act and the plan (if applicable) submitted by a grantee for continuing and increasing adherence to best practices in providing high-quality nursing home care.
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(5) Revocation of a facility license during the
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| previous 5 years, if such prior license was issued to the individual applicant, a controlling owner or controlling combination of owners of the applicant; or any affiliate of the individual applicant or controlling owner of the applicant and such individual applicant, controlling owner of the applicant or affiliate of the applicant was a controlling owner of the prior license; provided, however, that the denial of an application for a license pursuant to this subsection must be supported by evidence that such prior revocation renders the applicant unqualified or incapable of meeting or maintaining a facility in accordance with the standards and rules promulgated by the Department under this Act.
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(6) That the facility is not under the direct
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| supervision of a full-time administrator, as defined by regulation, who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act.
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(7) That the facility is in receivership and the
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| proposed licensee has not submitted a specific detailed plan to bring the facility into compliance with the requirements of this Act and with federal certification requirements, if the facility is certified, and to keep the facility in such compliance.
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(Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.)
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(210 ILCS 45/3-119) (from Ch. 111 1/2, par. 4153-119)
Sec. 3-119. (a) The Department, after notice to the applicant or
licensee, may suspend, revoke or refuse to renew a license in any case
in which the Department finds any of the following:
(1) There has been a substantial failure to comply |
| with this Act or the rules and regulations promulgated by the Department under this Act. A substantial failure by a facility shall include, but not be limited to, any of the following:
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(A) termination of Medicare or Medicaid
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| certification by the Centers for Medicare and Medicaid Services; or
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(B) a failure by the facility to pay any fine
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| assessed under this Act after the Department has sent to the facility at least 2 notices of assessment that include a schedule of payments as determined by the Department, taking into account extenuating circumstances and financial hardships of the facility.
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(2) Conviction of the licensee, or of the person
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| designated to manage or supervise the facility, of a felony, or of 2 or more misdemeanors involving moral turpitude, during the previous 5 years as shown by a certified copy of the record of the court of conviction.
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(3) Personnel is insufficient in number or
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| unqualified by training or experience to properly care for the number and type of residents served by the facility.
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(4) Financial or other resources are insufficient to
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| conduct and operate the facility in accordance with standards promulgated by the Department under this Act.
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(5) The facility is not under the direct supervision
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| of a full-time administrator, as defined by regulation, who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act.
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(6) The facility has committed 2 Type "AA" violations
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(b) Notice under this Section shall include a clear and concise
statement of the violations on which the nonrenewal or revocation is
based, the statute or rule violated and notice of the opportunity for a
hearing under Section 3-703.
(c) If a facility desires to contest the nonrenewal or revocation of
a license, the facility shall, within 10 days after receipt of notice
under subsection (b) of this Section, notify the Department in writing
of its request for a hearing under Section 3-703. Upon receipt of the
request the Department shall send notice to the facility and hold a
hearing as provided under Section 3-703.
(d) The effective date of nonrenewal or revocation of a license by
the Department shall be any of the following:
(1) Until otherwise ordered by the circuit court,
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| revocation is effective on the date set by the Department in the notice of revocation, or upon final action after hearing under Section 3-703, whichever is later.
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(2) Until otherwise ordered by the circuit court,
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| nonrenewal is effective on the date of expiration of any existing license, or upon final action after hearing under Section 3-703, whichever is later; however, a license shall not be deemed to have expired if the Department fails to timely respond to a timely request for renewal under this Act or for a hearing to contest nonrenewal under paragraph (c).
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(3) The Department may extend the effective date of
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| license revocation or expiration in any case in order to permit orderly removal and relocation of residents.
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The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay any final assessment
of tax, penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.)
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(210 ILCS 45/3-120) Sec. 3-120. Certification of behavioral management units. (a) No later than January 1, 2022, the Department shall file with the Secretary of State's Office, pursuant to the Illinois Administrative Procedure Act, proposed rules or proposed amendments to existing rules to certify nursing homes or distinct self-contained units within existing nursing homes for the behavioral management of persons with a high risk of aggression. The purpose of the certification program is to ensure that the safety of residents, employees, and the public is preserved. No more than 3 facilities shall be certified in the first 3 years after the effective date of this amendatory Act of the 102nd General Assembly. Prior to the expansion of the number of certified facilities, the Department shall collaborate with stakeholders, including, but not limited to, organizations whose membership consists of congregate long-term care facilities, to evaluate the efficacy of the certification program. (b) The Department's rules shall, at a minimum, provide for the following: (1) A security and safety assessment, completed |
| before admission to a certified unit if an Identified Offender Report and Recommendation or other criminal risk analysis has not been completed, to identify existing or potential residents at risk of committing violent acts and determine appropriate preventive action to be taken. The assessment shall include, but need not be limited to, (i) a measure of the frequency of, (ii) an identification of the precipitating factors for, and (iii) the consequences of, violent acts. The security and safety assessment shall be in addition to any risk-of-harm assessment performed by a PAS screener, but may use the results of this or any other assessment. The security and safety assessment shall be completed by the same licensed forensic psychologist who prepares Identified Offender Reports and Recommendations for identified offenders.
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(2) Development of an individualized treatment and
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| behavior management plan for each resident to reduce overall and specific risks.
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(3) Room selection and appropriateness of roommate
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(4) Protection of residents, employees, and members
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| of the public from aggression by residents.
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(5) Supervision and monitoring.
(6) Staffing levels.
(7) Quality assurance and improvement.
(8) Staff training, conducted during orientation and
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| periodically thereafter, specific to each job description covering the following topics as appropriate:
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(A) The violence escalation cycle.
(B) Violence predicting factors.
(C) Obtaining a history from a resident with a
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| history of violent behavior.
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(D) Verbal and physical techniques to de-escalate
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| and minimize violent behavior.
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(E) Strategies to avoid physical harm.
(F) Containment techniques, as permitted and
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(G) Appropriate treatment to reduce violent
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(H) Documenting and reporting incidents of
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(I) The process whereby employees affected by a
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| violent act may be debriefed or calmed down and the tension of the situation may be reduced.
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(J) Any resources available to employees for
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(K) Any other topic deemed appropriate based on
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| job description and the needs of this population.
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(9) Elimination or reduction of environmental factors
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| that affect resident safety.
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(10) Periodic independent reassessment of the
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| individual resident for appropriateness of continued placement on the certified unit. For the purposes of this paragraph (10), "independent" means that no professional or financial relationship exists between any person making the assessment and any community provider or long term care facility.
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(11) A definition of a "person with high risk of
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| aggression". The definition shall not include any person with a serious mental illness who is eligible to receive services under the Specialized Mental Health Rehabilitation Act of 2013.
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The Department shall develop the administrative rules under this subsection (b) in collaboration with other relevant State agencies and in consultation with (i) advocates for residents, (ii) providers of nursing home services, and (iii) labor and employee-representation organizations.
(c) A long term care facility found to be out of compliance with the certification requirements under Section 3-120 may be subject to denial, revocation, or suspension of the behavioral management unit certification or the imposition of sanctions and penalties, including the immediate suspension of new admissions. Hearings shall be conducted pursuant to Part 7 of Article III of this Act.
(d) The Department shall establish a certification fee schedule by rule, in consultation with advocates, nursing homes, and representatives of associations representing long term care facilities.
(Source: P.A. 102-647, eff. 8-27-21.)
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(210 ILCS 45/3-202) (from Ch. 111 1/2, par. 4153-202)
Sec. 3-202. The Department shall prescribe minimum standards for facilities. These standards shall regulate:
(1) Location and construction of the facility, |
| including plumbing, heating, lighting, ventilation, and other physical conditions which shall ensure the health, safety, and comfort of residents and their protection from fire hazard;
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(2) Number and qualifications of all personnel,
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| including management and nursing personnel, having responsibility for any part of the care given to residents; specifically, the Department shall establish staffing ratios for facilities which shall specify the number of staff hours per resident of care that are needed for professional nursing care for various types of facilities or areas within facilities;
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(3) All sanitary conditions within the facility and
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| its surroundings, including water supply, sewage disposal, food handling, and general hygiene, which shall ensure the health and comfort of residents;
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(4) Diet related to the needs of each resident based
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| on good nutritional practice and on recommendations which may be made by the physicians attending the resident;
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(5) Equipment essential to the health and welfare of
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(6) A program of habilitation and rehabilitation for
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| those residents who would benefit from such programs;
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(7) A program for adequate maintenance of physical
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(8) Adequate accommodations, staff and services for
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| the number and types of residents for whom the facility is licensed to care, including standards for temperature and relative humidity within comfort zones determined by the Department based upon a combination of air temperature, relative humidity and air movement. Such standards shall also require facility plans that provide for health and comfort of residents at medical risk as determined by the attending physician whenever the temperature and relative humidity are outside such comfort zones established by the Department. The standards must include a requirement that areas of a nursing home used by residents of the nursing home be air conditioned and heated by means of operable air-conditioning and heating equipment. The areas subject to this air-conditioning and heating requirement include, without limitation, bedrooms or common areas such as sitting rooms, activity rooms, living rooms, community rooms, and dining rooms. No later than July 1, 2008, the Department shall submit a report to the General Assembly concerning the impact of the changes made by this amendatory Act of the 95th General Assembly;
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(9) Development of evacuation and other appropriate
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| safety plans for use during weather, health, fire, physical plant, environmental and national defense emergencies; and
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(10) Maintenance of minimum financial or other
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| resources necessary to meet the standards established under this Section, and to operate and conduct the facility in accordance with this Act.
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(Source: P.A. 95-31, eff. 8-9-07.)
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(210 ILCS 45/3-202.05) Sec. 3-202.05. Staffing ratios effective July 1, 2010 and thereafter. (a) For the purpose of computing staff to resident ratios, direct care staff shall include: (1) registered nurses; (2) licensed practical nurses; (3) certified nurse assistants; (4) psychiatric services rehabilitation aides; (5) rehabilitation and therapy aides; (6) psychiatric services rehabilitation coordinators; (7) assistant directors of nursing; (8) 50% of the Director of Nurses' time; and (9) 30% of the Social Services Directors' time. The Department shall, by rule, allow certain facilities subject to 77 Ill. Adm. Code 300.4000 and following (Subpart S) to utilize specialized clinical staff, as defined in rules, to count towards the staffing ratios. Within 120 days of June 14, 2012 (the effective date of Public Act 97-689), the Department shall promulgate rules specific to the staffing requirements for facilities federally defined as Institutions for Mental Disease. These rules shall recognize the unique nature of individuals with chronic mental health conditions, shall include minimum requirements for specialized clinical staff, including clinical social workers, psychiatrists, psychologists, and direct care staff set forth in paragraphs (4) through (6) and any other specialized staff which may be utilized and deemed necessary to count toward staffing ratios. Within 120 days of June 14, 2012 (the effective date of Public Act 97-689), the Department shall promulgate rules specific to the staffing requirements for facilities licensed under the Specialized Mental Health Rehabilitation Act of 2013. These rules shall recognize the unique nature of individuals with chronic mental health conditions, shall include minimum requirements for specialized clinical staff, including clinical social workers, psychiatrists, psychologists, and direct care staff set forth in paragraphs (4) through (6) and any other specialized staff which may be utilized and deemed necessary to count toward staffing ratios. (b) (Blank). (b-5) For purposes of the minimum staffing ratios in this Section, all residents shall be classified as requiring either skilled care or intermediate care. As used in this subsection: "Intermediate care" means basic nursing care and other restorative services under periodic medical direction. "Skilled care" means skilled nursing care, continuous skilled nursing observations, restorative nursing, and other services under professional direction with frequent medical supervision. (c) Facilities shall notify the Department within 60 days after July 29, 2010 (the effective date of Public Act 96-1372), in a form and manner prescribed by the Department, of the staffing ratios in effect on July 29, 2010 (the effective date of Public Act 96-1372) for both intermediate and skilled care and the number of residents receiving each level of care. (d)(1) (Blank). (2) (Blank). (3) (Blank). (4) (Blank). (5) Effective January 1, 2014, the minimum staffing ratios shall be increased to 3.8 hours of nursing and personal care each day for a resident needing skilled care and 2.5 hours of nursing and personal care each day for a resident needing intermediate care.
(e) Ninety days after June 14, 2012 (the effective date of Public Act 97-689), a minimum of 25% of nursing and personal care time shall be provided by licensed nurses, with at least 10% of nursing and personal care time provided by registered nurses. These minimum requirements shall remain in effect until an acuity based registered nurse requirement is promulgated by rule concurrent with the adoption of the Resource Utilization Group classification-based payment methodology, as provided in Section 5-5.2 of the Illinois Public Aid Code. Registered nurses and licensed practical nurses employed by a facility in excess of these requirements may be used to satisfy the remaining 75% of the nursing and personal care time requirements. Notwithstanding this subsection, no staffing requirement in statute in effect on June 14, 2012 (the effective date of Public Act 97-689) shall be reduced on account of this subsection. (f) The Department shall submit proposed rules for adoption by January 1, 2020 establishing a system for determining compliance with minimum staffing set forth in this Section and the requirements of 77 Ill. Adm. Code 300.1230 adjusted for any waivers granted under Section 3-303.1. Compliance shall be determined quarterly by comparing the number of hours provided per resident per day using the Centers for Medicare and Medicaid Services' payroll-based journal and the facility's daily census, broken down by intermediate and skilled care as self-reported by the facility to the Department on a quarterly basis. The Department shall use the quarterly payroll-based journal and the self-reported census to calculate the number of hours provided per resident per day and compare this ratio to the minimum staffing standards required under this Section, as impacted by any waivers granted under Section 3-303.1. Discrepancies between job titles contained in this Section and the payroll-based journal shall be addressed by rule. The manner in which the Department requests payroll-based journal information to be submitted shall align with the federal Centers for Medicare and Medicaid Services' requirements that allow providers to submit the quarterly data in an aggregate manner. (g) Monetary penalties for non-compliance. The Department shall submit proposed rules for adoption by January 1, 2020 establishing monetary penalties for facilities not in compliance with minimum staffing standards under this Section. Facilities shall be required to comply with the provisions of this subsection beginning January 1, 2025. No monetary penalty may be issued for noncompliance prior to the revised implementation date, which shall be January 1, 2025. If a facility is found to be noncompliant prior to the revised implementation date, the Department shall provide a written notice identifying the staffing deficiencies and require the facility to provide a sufficiently detailed correction plan that describes proposed and completed actions the facility will take or has taken, including hiring actions, to address the facility's failure to meet the statutory minimum staffing levels. Monetary penalties shall be imposed beginning no later than July 1, 2025, based on data for the quarter beginning January 1, 2025 through March 31, 2025 and quarterly thereafter. Monetary penalties shall be established based on a formula that calculates on a daily basis the cost of wages and benefits for the missing staffing hours. All notices of noncompliance shall include the computations used to determine noncompliance and establishing the variance between minimum staffing ratios and the Department's computations. The penalty for the first offense shall be 125% of the cost of wages and benefits for the missing staffing hours. The penalty shall increase to 150% of the cost of wages and benefits for the missing staffing hours for the second offense and 200% the cost of wages and benefits for the missing staffing hours for the third and all subsequent offenses. The penalty shall be imposed regardless of whether the facility has committed other violations of this Act during the same period that the staffing offense occurred. The penalty may not be waived, but the Department shall have the discretion to determine the gravity of the violation in situations where there is no more than a 10% deviation from the staffing requirements and make appropriate adjustments to the penalty. The Department is granted discretion to waive the penalty when unforeseen circumstances have occurred that resulted in call-offs of scheduled staff. This provision shall be applied no more than 6 times per quarter. Nothing in this Section diminishes a facility's right to appeal the imposition of a monetary penalty. No facility may appeal a notice of noncompliance issued during the revised implementation period. (Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21; 102-1118, eff. 1-18-23.) |
(210 ILCS 45/3-202.2b) Sec. 3-202.2b. Certification of psychiatric rehabilitation program. (a) No later than January 1, 2011, the Department shall file with the Joint Committee on Administrative Rules, pursuant to the Illinois Administrative Procedure Act, proposed rules or proposed amendments to existing rules to establish a special certification program for compliance with 77 Ill. Adm. Code 300.4000 and following (Subpart S), which provides for psychiatric rehabilitation services that are required to be offered by a long-term care facility licensed under this Act that serves residents with serious mental illness. Compliance with standards promulgated pursuant to this Section must be demonstrated before a long-term care facility licensed under this Act is eligible to become certified under this Section and annually thereafter. (b) No long-term care facility shall establish, operate, maintain, or offer psychiatric rehabilitation services, or admit, retain, or seek referrals of a resident with a serious mental illness diagnosis, unless and until a valid certification, which remains unsuspended, unrevoked, and unexpired, has been issued. (c) A facility that currently serves a resident with serious mental illness may continue to admit such residents until the Department performs a certification review and determines that the facility does not meet the requirements for certification. The Department, at its discretion, may provide an additional 90-day period for the facility to meet the requirements for certification if it finds that the facility has made a good faith effort to comply with all certification requirements and will achieve total compliance with the requirements before the end of the 90-day period. The facility shall be prohibited from admitting residents with serious mental illness until the Department certifies the facility to be in compliance with the requirements of this Section. (d) A facility currently serving residents with serious mental illness that elects to terminate provision of services to this population must immediately notify the Department of its intent, cease to admit new residents with serious mental illness, and give notice to all existing residents with serious mental illness of their impending discharge. These residents shall be accorded all rights and assistance provided to a resident being involuntarily discharged and those provided under Section 2-201.5. The facility shall continue to adhere to all requirements of 77 Ill. Adm. Code 300.4000 until all residents with serious mental illness have been discharged. (e) A long-term care facility found to be out of compliance with the certification requirements under this Section may be subject to denial, revocation, or suspension of the psychiatric rehabilitation services certification or the imposition of sanctions and penalties, including the immediate suspension of new admissions. Hearings shall be conducted pursuant to Article III, Part 7 of this Act. (f) The Department shall indicate, on its list of licensed long-term care facilities, which facilities are certified under this Section and shall distribute this list to the appropriate State agencies charged with administering and implementing the State's program of pre-admission screening and resident review, hospital discharge planners, Area Agencies on Aging, Case Coordination Units, and others upon request. (g) No public official, agent, or employee of the State, or any subcontractor of the State, may refer or arrange for the placement of a person with serious mental illness in a long-term care facility that is not certified under this Section. No public official, agent, or employee of the State, or any subcontractor of the State, may place the name of a long-term care facility on a list of facilities serving the seriously mentally ill for distribution to the general public or to professionals arranging for placements or making referrals unless the facility is certified under this Section. (h) Certification requirements. The Department shall establish requirements for certification that augment current quality of care standards for long-term care facilities serving residents with serious mental illness, which shall include admission, discharge planning, psychiatric rehabilitation services, development of age-group appropriate treatment plan goals and services, behavior management services, coordination with community mental health services, staff qualifications and training, clinical consultation, resident access to the outside community, and appropriate environment and space for resident programs, recreation, privacy, and any other issue deemed appropriate by the Department. The augmented standards shall at a minimum include, but need not be limited to, the following: (1) Staff sufficient in number and qualifications |
| necessary to meet the scheduled and unscheduled needs of the residents on a 24-hour basis. The Department shall establish by rule the minimum number of psychiatric services rehabilitation coordinators in relation to the number of residents with serious mental illness residing in the facility.
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(2) The number and qualifications of consultants
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| required to be contracted with to provide continuing education and training, and to assist with program development.
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(3) Training for all new employees specific to the
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| care needs of residents with a serious mental illness diagnosis during their orientation period and annually thereafter. Training shall be independent of the Department and overseen by an agency designated by the Governor to determine the content of all facility employee training and to provide training for all trainers of facility employees. Training of employees shall at minimum include, but need not be limited to, (i) the impact of a serious mental illness diagnosis, (ii) the recovery paradigm and the role of psychiatric rehabilitation, (iii) preventive strategies for managing aggression and crisis prevention, (iv) basic psychiatric rehabilitation techniques and service delivery, (v) resident rights, (vi) abuse prevention, (vii) appropriate interaction between staff and residents, and (viii) any other topic deemed by the Department to be important to ensuring quality of care.
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(4) Quality assessment and improvement requirements,
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| in addition to those contained in this Act on July 29, 2010 (the effective date of Public Act 96-1372), specific to a facility's residential psychiatric rehabilitation services, which shall be made available to the Department upon request. A facility shall be required at a minimum to develop and maintain policies and procedures that include, but need not be limited to, evaluation of the appropriateness of resident admissions based on the facility's capacity to meet specific needs, resident assessments, development and implementation of care plans, and discharge planning.
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(5) Room selection and appropriateness of roommate
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(6) Comprehensive quarterly review of all treatment
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| plans for residents with serious mental illness by the resident's interdisciplinary team, which takes into account, at a minimum, the resident's progress, prior assessments, and treatment plan.
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(7) Substance abuse screening and management and
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| documented referral relationships with certified substance abuse treatment providers.
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(8) Administration of psychotropic medications to a
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| resident with serious mental illness who is incapable of giving informed consent, in compliance with the applicable provisions of the Mental Health and Developmental Disabilities Code.
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(i) The Department shall establish a certification fee schedule by rule, in consultation with advocates, nursing homes, and representatives of associations representing long-term care facilities.
(j) The Director or her or his designee shall seek input from the Long-Term Care Facility Advisory Board before filing rules to implement this Section.
Rules proposed no later than January 1, 2011 under this Section shall take effect 180 days after being approved by the Joint Committee on Administrative Rules.
(Source: P.A. 103-154, eff. 6-30-23.)
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(210 ILCS 45/3-202.5)
Sec. 3-202.5. Facility plan review; fees.
(a) Before commencing construction of a new facility or specified types of
alteration or additions to an existing long term care facility involving
major construction, as defined by rule by the Department, with an
estimated cost greater than $100,000, architectural
drawings and specifications for the facility shall be submitted to the
Department for review and approval.
A facility may submit architectural drawings and specifications for other
construction projects for Department review according to subsection (b) that
shall not be subject to fees under subsection (d).
Review of drawings and specifications shall be conducted by an employee of the
Department meeting the qualifications established by the Department of Central
Management Services class specifications for such an individual's position or
by a person contracting with the Department who meets those class
specifications. Final approval of the drawings and specifications for
compliance with design and construction standards shall be obtained from the
Department before the alteration, addition, or new construction is begun.
(b) The Department shall inform an applicant in writing within 10 working
days after receiving drawings and specifications and the required fee, if any,
from the applicant whether the applicant's submission is complete or
incomplete. Failure to provide the applicant with this notice within 10
working days shall result in the submission being deemed complete for purposes
of initiating the 60-day review period under this Section. If the submission
is incomplete, the Department shall inform the applicant of the deficiencies
with the submission in writing. If the submission is complete the required
fee, if any, has been paid,
the Department shall approve or disapprove drawings and specifications
submitted to the Department no later than 60 days following receipt by the
Department. The drawings and specifications shall be of sufficient detail, as
provided by Department rule, to
enable the Department to
render a determination of compliance with design and construction standards
under this Act.
If the Department finds that the drawings are not of sufficient detail for it
to render a determination of compliance, the plans shall be determined to be
incomplete and shall not be considered for purposes of initiating the 60-day
review period.
If a submission of drawings and specifications is incomplete, the applicant
may submit additional information. The 60-day review period shall not commence
until the Department determines that a submission of drawings and
specifications is complete or the submission is deemed complete.
If the Department has not approved or disapproved the
drawings and specifications within 60 days, the construction, major alteration,
or addition shall be deemed approved. If the drawings and specifications are
disapproved, the Department shall state in writing, with specificity, the
reasons for the disapproval. The entity submitting the drawings and
specifications may submit additional information in response to the written
comments from the Department or request a reconsideration of the disapproval.
A final decision of approval or disapproval shall be made within 45 days of the
receipt of the additional information or reconsideration request. If denied,
the Department shall state the specific reasons for the denial.
(c) The Department shall provide written approval for occupancy pursuant
to subsection (g) and shall not issue a violation to a facility as a result
of
a licensure or complaint survey based upon the facility's physical structure
if:
(1) the Department reviewed and approved or deemed |
| approved the drawings and specifications for compliance with design and construction standards;
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(2) the construction, major alteration, or addition
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(3) the law or rules have not been amended since the
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(4) the conditions at the facility indicate that
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| there is a reasonable degree of safety provided for the residents.
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(d) The Department shall charge the following fees in connection with its
reviews conducted before June 30, 2004 under this Section:
(1) (Blank).
(2) (Blank).
(3) If the estimated dollar value of the alteration,
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| addition, or new construction is $100,000 or more but less than $500,000, the fee shall be the greater of $2,400 or 1.2% of that value.
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(4) If the estimated dollar value of the alteration,
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| addition, or new construction is $500,000 or more but less than $1,000,000, the fee shall be the greater of $6,000 or 0.96% of that value.
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(5) If the estimated dollar value of the alteration,
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| addition, or new construction is $1,000,000 or more but less than $5,000,000, the fee shall be the greater of $9,600 or 0.22% of that value.
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(6) If the estimated dollar value of the alteration,
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| addition, or new construction is $5,000,000 or more, the fee shall be the greater of $11,000 or 0.11% of that value, but shall not exceed $40,000.
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The fees provided in this subsection (d) shall not apply to major
construction projects involving facility changes that are required by
Department rule amendments.
The fees provided in this subsection (d) shall also not apply to major
construction projects if 51% or more of the estimated cost of the project is
attributed to capital equipment. For major construction projects where 51% or
more of the estimated cost of the project is attributed to capital equipment,
the Department shall by rule establish a fee that is reasonably related to the
cost of reviewing the project.
The Department shall not commence the facility plan review process under this
Section until
the applicable fee has been paid.
(e) All fees received by the Department under this Section shall be
deposited into the Health Facility Plan Review Fund, a special fund created in
the State Treasury.
All fees paid by long-term care facilities under subsection (d) shall be used
only to cover the costs relating to the Department's review of long-term care
facility projects under this Section.
Moneys shall be appropriated from that Fund to the
Department only to pay the costs of conducting reviews under this Section or under Section 3-202.5 of the ID/DD Community Care Act or Section 3-202.5 of the MC/DD Act.
None of the moneys in the Health Facility Plan Review Fund shall be used to
reduce the amount of General Revenue Fund moneys appropriated to the Department
for facility plan reviews conducted pursuant to this Section.
(f)(1) The provisions of this amendatory Act of 1997 concerning drawings
and specifications shall apply only to drawings and specifications submitted to
the Department on or after October 1, 1997.
(2) On and after the effective date of this amendatory Act of 1997 and
before October 1, 1997, an applicant may submit or resubmit drawings and
specifications to the Department and pay the fees provided in subsection (d).
If an applicant pays the fees provided in subsection (d) under this paragraph
(2), the provisions of subsection (b) shall apply with regard to those drawings
and specifications.
(g) The Department shall conduct an on-site inspection of the completed
project no later than 30 days after notification from the applicant that the
project has been completed and all certifications required by the Department
have been received and accepted by the Department, except that, during a statewide public health emergency, as defined in the Illinois Emergency Management Agency Act, the Department shall conduct an on-site inspection of the completed project to the extent feasible. The Department shall
provide written approval for occupancy to the applicant within 5 working days
of the Department's final inspection, provided the applicant has demonstrated
substantial compliance as defined by Department rule.
Occupancy of new major construction is
prohibited until Department approval is received, unless the Department has
not acted within the time frames provided in this subsection (g), in which case
the construction shall be deemed approved. Occupancy shall be authorized after any required health inspection by the Department has been
conducted.
(h) The Department shall establish, by rule, a procedure to conduct interim
on-site review of large or complex construction projects.
(i) The Department shall establish, by rule, an expedited process for
emergency repairs or replacement of like equipment.
(j) Nothing in this Section shall be construed to apply to maintenance,
upkeep, or renovation that does not affect the structural integrity of the
building, does not add beds or services over the number for which the
long-term care facility is licensed, and provides a reasonable degree of safety
for the residents.
(Source: P.A. 103-1, eff. 4-27-23.)
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(210 ILCS 45/3-202.6) Sec. 3-202.6. Department of Veterans' Affairs facility
plan review. (a) Before commencing construction of a new facility or specified types of alteration or additions to an existing long-term care facility involving major construction, as defined by rule by the Department, with an estimated cost greater than $100,000, architectural drawings and specifications for the facility shall be submitted to the Department for review. A facility may submit architectural drawings and specifications for other construction projects for Department review according to subsection (b) of this Section. Review of drawings and specifications shall be conducted by an employee of the Department meeting the qualifications established by the Department of Central Management Services class specifications for such an individual's position or by a person contracting with the Department who meets those class specifications. (b) The Department shall inform an applicant in writing
within 15 working days after receiving drawings and specifications from the applicant whether the applicant's submission is complete or incomplete. Failure to provide the applicant with this notice within 15 working days after receiving drawings and specifications from the applicant shall result in the submission being deemed complete for purposes of initiating the 60-working-day review period under this Section. If the submission is incomplete, the Department shall inform the applicant of the deficiencies with the submission in writing. If the submission is complete, the Department shall approve or disapprove drawings and specifications submitted to the
Department no later than 60 working days following receipt by the Department. The drawings and specifications shall be of sufficient detail, as provided by Department rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the drawings are not of sufficient detail for it to render a determination of compliance, the plans shall be determined to be incomplete and shall not be considered for purposes of initiating the 60-working-day review period. If a submission of drawings and specifications is incomplete, the applicant may submit additional information. The 60-working-day review period shall not commence until the Department determines that a submission of drawings and specifications is complete or the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications within 60 working days after receipt by the Department, the construction, major alteration, or addition shall be deemed approved. If the
drawings and specifications are disapproved, the Department
shall state in writing, with specificity, the reasons for the disapproval. The entity submitting the drawings and specifications may submit additional information in response to the written comments from the Department or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made within 45 working days after the receipt of the additional information or reconsideration request. If denied, the Department shall state the specific reasons for the denial. (c) The Department shall provide written approval for occupancy pursuant to subsection (e) of this Section and shall not issue a violation to a facility as a result of a licensure or complaint survey based upon the facility's physical structure if: (1) the Department reviewed and approved or is |
| deemed to have approved the drawings and specifications for compliance with design and construction standards;
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(2) the construction, major alteration, or addition
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(3) the law or rules have not been amended since the
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(4) the conditions at the facility indicate that
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| there is a reasonable degree of safety provided for the residents.
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(d) The Department shall not charge a fee in connection with its reviews to the Department of Veterans' Affairs.
(e) The Department shall conduct an on-site inspection of
the completed project no later than 45 working days after notification from the applicant that the project has been completed and all certifications required by the Department have been received and accepted by the Department, except that, during a statewide public health emergency, as defined in the Illinois Emergency Management Agency Act, the Department shall conduct an on-site inspection of the completed project to the extent feasible. The Department may extend this deadline if a federally mandated survey time frame takes precedence. The Department shall provide written approval for occupancy to the applicant within 7 working days after the Department's final inspection, provided the applicant has demonstrated substantial compliance as defined by Department rule. Occupancy of new major construction is prohibited until Department approval is received, unless the Department has not acted within the time frames provided in this subsection (e), in which case the construction shall be deemed approved. Occupancy shall be authorized after any required health inspection by the Department has been conducted.
(f) The Department shall establish, by rule, an expedited
process for emergency repairs or replacement of like equipment.
(g) Nothing in this Section shall be construed to apply to
maintenance, upkeep, or renovation that does not affect the structural integrity or fire or life safety of the building, does not add beds or services over the number for which the long-term care facility is licensed, and provides a reasonable degree of safety for the residents.
(h) If the number of licensed facilities increases or the number of beds for the currently licensed facilities increases, the Department has the right to reassess the mandated time frames listed in this Section.
(Source: P.A. 103-1, eff. 4-27-23.)
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(210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
Sec. 3-206.
The Department shall prescribe a curriculum for training
nursing assistants, habilitation aides, and child care aides.
(a) No person, except a volunteer who receives no compensation from a
facility and is not included for the purpose of meeting any staffing
requirements set forth by the Department, shall act as a nursing assistant,
habilitation aide, or child care aide in a facility, nor shall any person, under any
other title, not licensed, certified, or registered to render medical care
by the Department of Financial and Professional Regulation, assist with the
personal, medical, or nursing care of residents in a facility, unless such
person meets the following requirements:
(1) Be at least 16 years of age, of temperate habits |
| and good moral character, honest, reliable and trustworthy.
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(2) Be able to speak and understand the English
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| language or a language understood by a substantial percentage of the facility's residents.
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(3) Provide evidence of employment or occupation, if
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| any, and residence for 2 years prior to his present employment.
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(4) Have completed at least 8 years of grade school
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| or provide proof of equivalent knowledge.
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(5) Begin a current course of training for nursing
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| assistants, habilitation aides, or child care aides, approved by the Department, within 45 days of initial employment in the capacity of a nursing assistant, habilitation aide, or child care aide at any facility. Such courses of training shall be successfully completed within 120 days of initial employment in the capacity of nursing assistant, habilitation aide, or child care aide at a facility. Nursing assistants, habilitation aides, and child care aides who are enrolled in approved courses in community colleges or other educational institutions on a term, semester, or trimester basis, shall be exempt from the 120-day completion time limit. During a statewide public health emergency, as defined in the Illinois Emergency Management Agency Act, all nursing assistants, habilitation aides, and child care aides shall, to the extent feasible, complete the training. The Department shall adopt rules for such courses of training. These rules shall include procedures for facilities to carry on an approved course of training within the facility. The Department shall allow an individual to satisfy the supervised clinical experience requirement for placement on the Health Care Worker Registry under 77 Ill. Adm. Code 300.663 through supervised clinical experience at an assisted living establishment licensed under the Assisted Living and Shared Housing Act. The Department shall adopt rules requiring that the Health Care Worker Registry include information identifying where an individual on the Health Care Worker Registry received his or her clinical training.
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The Department may accept comparable training in lieu
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| of the 120-hour course for student nurses, foreign nurses, military personnel, or employees of the Department of Human Services.
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The Department shall accept on-the-job experience in
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| lieu of clinical training from any individual who participated in the temporary nursing assistant program during the COVID-19 pandemic before the end date of the temporary nursing assistant program and left the program in good standing, and the Department shall notify all approved certified nurse assistant training programs in the State of this requirement. The individual shall receive one hour of credit for every hour employed as a temporary nursing assistant, up to 40 total hours, and shall be permitted 90 days after the end date of the temporary nursing assistant program to enroll in an approved certified nursing assistant training program and 240 days to successfully complete the certified nursing assistant training program. Temporary nursing assistants who enroll in a certified nursing assistant training program within 90 days of the end of the temporary nursing assistant program may continue to work as a nursing assistant for up to 240 days after enrollment in the certified nursing assistant training program. As used in this Section, "temporary nursing assistant program" means the program implemented by the Department of Public Health by emergency rule, as listed in 44 Ill. Reg. 7936, effective April 21, 2020.
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The facility shall develop and implement procedures,
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| which shall be approved by the Department, for an ongoing review process, which shall take place within the facility, for nursing assistants, habilitation aides, and child care aides.
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At the time of each regularly scheduled licensure
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| survey, or at the time of a complaint investigation, the Department may require any nursing assistant, habilitation aide, or child care aide to demonstrate, either through written examination or action, or both, sufficient knowledge in all areas of required training. If such knowledge is inadequate the Department shall require the nursing assistant, habilitation aide, or child care aide to complete inservice training and review in the facility until the nursing assistant, habilitation aide, or child care aide demonstrates to the Department, either through written examination or action, or both, sufficient knowledge in all areas of required training.
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(6) Be familiar with and have general skills related
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(a-0.5) An educational entity, other than a secondary school, conducting a
nursing assistant, habilitation aide, or child care aide
training program
shall initiate a criminal history record check in accordance with the Health Care Worker Background Check Act prior to entry of an
individual into the training program.
A secondary school may initiate a criminal history record check in accordance with the Health Care Worker Background Check Act at any time during or after a training program.
(a-1) Nursing assistants, habilitation aides, or child care aides seeking to be included on the Health Care Worker Registry under the Health Care Worker Background Check Act on or
after January 1, 1996 must authorize the Department of Public Health or its
designee
to request a criminal history record check in accordance with the Health Care Worker Background Check Act and submit all necessary
information. An individual may not newly be included on the Health Care Worker Registry unless a criminal history record check has been conducted with respect to the individual.
(b) Persons subject to this Section shall perform their duties under the
supervision of a licensed nurse.
(c) It is unlawful for any facility to employ any person in the capacity
of nursing assistant, habilitation aide, or child care aide, or under any other title, not
licensed by the State of Illinois to assist in the personal, medical, or
nursing care of residents in such facility unless such person has complied
with this Section.
(d) Proof of compliance by each employee with the requirements set out
in this Section shall be maintained for each such employee by each facility
in the individual personnel folder of the employee. Proof of training shall be obtained only from the Health Care Worker Registry.
(e) Each facility shall obtain access to the Health Care Worker Registry's web application, maintain the employment and demographic information relating to each employee, and verify by the category and type of employment that
each employee subject to this Section meets all the requirements of this
Section.
(f) Any facility that is operated under Section 3-803 shall be
exempt
from the requirements of this Section.
(g) Each skilled nursing and intermediate care facility that
admits
persons who are diagnosed as having Alzheimer's disease or related
dementias shall require all nursing assistants, habilitation aides, or child
care aides, who did not receive 12 hours of training in the care and
treatment of such residents during the training required under paragraph
(5) of subsection (a), to obtain 12 hours of in-house training in the care
and treatment of such residents. If the facility does not provide the
training in-house, the training shall be obtained from other facilities,
community colleges or other educational institutions that have a
recognized course for such training. The Department shall, by rule,
establish a recognized course for such training. The Department's rules shall provide that such
training may be conducted in-house at each facility subject to the
requirements of this subsection, in which case such training shall be
monitored by the Department.
The Department's rules shall also provide for circumstances and procedures
whereby any person who has received training that meets
the
requirements of this subsection shall not be required to undergo additional
training if he or she is transferred to or obtains employment at a
different facility or a facility other than a long-term care facility but remains continuously employed for pay as a nursing assistant,
habilitation aide, or child care aide. Individuals
who have performed no nursing or nursing-related services
for a period of 24 consecutive months shall be listed as "inactive"
and as such do not meet the requirements of this Section. Licensed sheltered care facilities
shall be
exempt from the requirements of this Section.
An individual employed during the COVID-19 pandemic as a nursing assistant in accordance with any Executive Orders, emergency rules, or policy memoranda related to COVID-19 shall be assumed to meet competency standards and may continue to be employed as a certified nurse assistant when the pandemic ends and the Executive Orders or emergency rules lapse. Such individuals shall be listed on the Department's Health Care Worker Registry website as "active".
(Source: P.A. 103-1, eff. 4-27-23.)
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(210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01)
Sec. 3-206.01. Health Care Worker Registry. (a) A facility shall not employ an individual as a nursing
assistant, habilitation aide, home health aide, psychiatric services rehabilitation aide, or child care aide, or newly hired as an individual who may have access to a resident, a resident's living quarters, or a resident's personal, financial, or medical records,
unless the facility has inquired of the Department's Health Care Worker Registry and the individual is listed on the Health Care Worker Registry as eligible to work for a health care employer. The facility shall not employ an individual as a nursing assistant, habilitation aide, or child care aide if that individual is not on the Health Care Worker Registry
unless the individual is enrolled in a training program under
paragraph (5) of subsection (a) of Section 3-206 of this Act. The Department may also maintain a publicly
accessible registry. (a-5) The Health Care Worker Registry maintained by the Department exclusive
to health care employers, as defined in the Health Care Worker Background Check Act, shall clearly indicate whether an
applicant or employee is eligible for employment and shall
include the following: (1) information about the individual, including the |
| individual's name, his or her current address, Social Security number, the date and location of the training course completed by the individual, whether the individual has any of the disqualifying convictions listed in Section 25 of the Health Care Worker Background Check Act from the date of the individual's last criminal record check, whether the individual has a waiver pending under Section 40 of the Health Care Worker Background Check Act, and whether the individual has received a waiver under Section 40 of that Act;
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(2) the following language:
"A waiver granted by the Department of Public
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| Health is a determination that the applicant or employee is eligible to work in a health care facility. The Equal Employment Opportunity Commission provides guidance about federal law regarding hiring of individuals with criminal records."; and
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(3) a link to Equal Employment Opportunity Commission
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| guidance regarding hiring of individuals with criminal records.
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|
(a-10) After January 1, 2017, the publicly accessible
registry maintained by the Department shall report that an individual is ineligible to work if he or she has a disqualifying offense under Section 25 of the Health Care
Worker Background Check Act and has not received a waiver under
Section 40 of that Act. If an applicant or employee has
received a waiver for one or more disqualifying offenses under
Section 40 of the Health Care Worker Background Check Act and he or she is otherwise eligible to work, the Department of
Public Health shall report on the public registry that the
applicant or employee is eligible to work. The Department,
however, shall not report information regarding the waiver on
the public registry.
(a-15) (Blank).
(b) (Blank).
(Source: P.A. 99-78, eff. 7-20-15; 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)
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(210 ILCS 45/3-206.05) Sec. 3-206.05. Safe resident handling policy. (a) In this Section: "Health care worker" means an individual providing direct resident care services who may be required to lift, transfer, reposition, or move a resident. "Nurse" means an advanced practice registered nurse, a registered nurse, or a licensed practical nurse licensed under the Nurse Practice Act. "Safe lifting equipment and accessories" means mechanical
equipment designed to lift, move, reposition, and transfer
residents, including, but not limited to, fixed and portable
ceiling lifts, sit-to-stand lifts, slide sheets and boards,
slings, and repositioning and turning sheets. "Safe lifting team" means at least 2 individuals who are
trained and proficient in the use of both safe lifting techniques and safe
lifting equipment and accessories. "Adjustable equipment" means products and devices that may be adapted for use by individuals with physical and other disabilities in order to optimize accessibility. Adjustable equipment includes, but is not limited to, the following: (1) Wheelchairs with adjustable footrest height and |
|
(2) Height-adjustable, drop-arm commode chairs and
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| height-adjustable shower gurneys or shower benches to enable individuals with mobility disabilities to use a toilet and to shower safely and with increased comfort.
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|
(3) Accessible weight scales that accommodate
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|
(4) Height-adjustable beds that can be lowered to
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| accommodate individuals with mobility disabilities in getting in and out of bed and that utilize drop-down side railings for stability and positioning support.
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|
(5) Universally designed or adaptable call buttons
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| and motorized bed position and height controls that can be operated by persons with limited or no reach range, fine motor ability, or vision.
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(6) Height-adjustable platform tables for physical
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| therapy with drop-down side railings for stability and positioning support.
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(7) Therapeutic rehabilitation and exercise machines
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| with foot straps to secure the user's feet to the pedals and with cuffs or splints to augment the user's grip strength on handles.
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(b) A facility must adopt and ensure implementation of a policy to identify, assess, and develop strategies to control risk of injury to residents and nurses and other health care workers associated with the lifting, transferring, repositioning, or movement of a resident. The policy shall establish a process that, at a minimum, includes all of the following:
(1) Analysis of the risk of injury to residents and
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| nurses and other health care workers taking into account the resident handling needs of the resident populations served by the facility and the physical environment in which the resident handling and movement occurs.
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|
(2) Education and training of nurses and other direct
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| resident care providers in the identification, assessment, and control of risks of injury to residents and nurses and other health care workers during resident handling and on safe lifting policies and techniques and current lifting equipment.
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(3) Evaluation of alternative ways to reduce risks
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| associated with resident handling, including evaluation of equipment and the environment.
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(4) Restriction, to the extent feasible with existing
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| equipment and aids, of manual resident handling or movement of all or most of a resident's weight except for emergency, life-threatening, or otherwise exceptional circumstances.
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(5) Procedures for a nurse to refuse to perform or be
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| involved in resident handling or movement that the nurse in good faith believes will expose a resident or nurse or other health care worker to an unacceptable risk of injury.
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(6) Development of strategies to control risk of
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| injury to residents and nurses and other health care workers associated with the lifting, transferring, repositioning, or movement of a resident.
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|
(7) In developing architectural plans for
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| construction or remodeling of a facility or unit of a facility in which resident handling and movement occurs, consideration of the feasibility of incorporating resident handling equipment or the physical space and construction design needed to incorporate that equipment.
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(8) Fostering and maintaining resident safety,
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| dignity, self-determination, and choice, including the following policies, strategies, and procedures:
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|
(A) The existence and availability of a trained
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|
(B) A policy of advising residents of a range of
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| transfer and lift options, including adjustable diagnostic and treatment equipment, mechanical lifts, and provision of a trained safe lifting team.
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(C) The right of a competent resident, or the
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| guardian of a resident adjudicated incompetent, to choose among the range of transfer and lift options consistent with the procedures set forth under subdivision (b)(5) and the policies set forth under this paragraph (8), subject to the provisions of subparagraph (E) of this paragraph (8).
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|
(D) Procedures for documenting, upon admission
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| and as status changes, a mobility assessment and plan for lifting, transferring, repositioning, or movement of a resident, including the choice of the resident or the resident's guardian among the range of transfer and lift options.
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|
(E) Incorporation of such safe lifting
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| procedures, techniques, and equipment as are consistent with applicable federal law.
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|
(c) Safe lifting teams must receive specialized, in-depth training that includes, but need not be limited to, the following:
(1) Types and operation of equipment.
(2) Safe manual lifting and moving techniques.
(3) Ergonomic principles in the assessment of risk
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| both to nurses and other workers and to residents.
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|
(4) The selection, safe use, location, and condition
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| of appropriate pieces of equipment individualized to each resident's medical and physical conditions and preferences.
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(5) Procedures for advising residents of the full
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| range of transfer and lift options and for documenting individualized lifting plans that include resident choice.
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|
Specialized, in-depth training may rely on federal standards and guidelines such as the United States Department of Labor Guidelines for Nursing Homes, supplemented by federal requirements for barrier removal, independent access, and means of accommodation optimizing independent movement and transfer.
(Source: P.A. 100-513, eff. 1-1-18 .)
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(210 ILCS 45/3-209) (from Ch. 111 1/2, par. 4153-209)
Sec. 3-209. Required posting of information. (a) Every facility shall conspicuously post for display in an
area of its offices accessible to residents, employees, and visitors the
following:
(1) Its current license;
(2) A description, provided by the Department, of |
| complaint procedures established under this Act and the name, address, and telephone number of a person authorized by the Department to receive complaints;
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(3) A copy of any order pertaining to the facility
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| issued by the Department or a court;
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|
(4) A list of the material available for public
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| inspection under Section 3-210;
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|
(5) Phone numbers and websites for rights protection
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| services must be posted in common areas and at the main entrance and provided upon entry and at the request of residents or the resident's representative in accordance with 42 CFR 483.10(j)(4); and
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|
(6) The statement "The Illinois Long-Term Care
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| Ombudsman Program is a free resident advocacy service available to the public.".
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|
In accordance with F574 of the State Operations Manual for Long-Term Care Facilities, the administrator shall post for all residents and at the main entrance the name, address, and telephone number of the appropriate State governmental office where complaints may be lodged in language the resident can understand, which must include notice of the grievance procedure of the facility or program as well as addresses and phone numbers for the Office of Health Care Regulation and the Long-Term Care Ombudsman Program and a website showing the information of a facility's ownership. The facility shall include a link to the Long-Term Care Ombudsman Program's website on the home page of the facility's website.
(b) A facility that has received a notice of violation for a violation of the minimum staffing requirements under Section 3-202.05 shall display, during the period of time the facility is out of compliance, a notice stating in Calibri (body) font and 26-point type in black letters on an 8.5 by 11 inch white paper the following:
"Notice Dated: ...................
This facility does not currently meet the minimum staffing ratios required by law. Posted at the direction of the Illinois
Department of Public Health.".
The notice must be posted, at a minimum, at all publicly used exterior entryways into the facility, inside the main entrance lobby, and next to any registration desk for easily accessible viewing. The notice must also be posted on the main page of the facility's website. The Department shall have the discretion to determine the gravity of any violation and, taking into account mitigating and aggravating circumstances and facts, may reduce the requirement of, and amount of time for, posting the notice.
(Source: P.A. 101-10, eff. 6-5-19; 102-1080, eff. 1-1-23 .)
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(210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212)
Sec. 3-212. Inspection.
(a) The Department, whenever it deems necessary in
accordance with subsection (b), shall inspect, survey and evaluate every
facility to determine compliance with applicable licensure requirements and
standards. Submission of a facility's current Consumer Choice Information Report required by Section 2-214 shall be verified at time of inspection. An inspection should occur within 120 days prior
to license renewal. The Department may periodically visit a facility for the
purpose of consultation. An inspection, survey, or evaluation, other than
an inspection of financial records, shall be conducted without prior notice
to the facility. A visit for the sole purpose of consultation may be
announced.
The Department shall provide training to surveyors about the appropriate
assessment, care planning, and care of persons with mental illness (other than
Alzheimer's disease or related disorders) to enable its surveyors to
determine whether a facility is complying with State and federal requirements
about the assessment, care planning, and care of those persons.
(a-1) An employee of a State or unit of local government agency
charged with inspecting, surveying, and evaluating facilities who directly
or indirectly gives prior notice of an inspection, survey, or evaluation,
other than an inspection of financial records, to a facility or to an
employee of a facility is guilty of a Class A misdemeanor.
An inspector or an employee of the Department who intentionally prenotifies
a facility,
orally or in writing, of a pending complaint investigation or inspection shall
be guilty of a Class A misdemeanor.
Superiors of persons who have prenotified a facility shall be subject to the
same penalties, if they have knowingly allowed the prenotification. A person
found guilty of prenotifying a facility shall be subject to disciplinary action
by his or her employer.
If the Department has a good faith belief, based upon information that comes
to its attention, that a violation of this subsection has occurred, it must
file a complaint with the Attorney General or the State's Attorney in the
county where the violation
took place within 30 days after discovery of the information.
(a-2) An employee of a State or unit of local government agency charged with
inspecting, surveying, or evaluating facilities who willfully profits from
violating the confidentiality of the inspection, survey, or evaluation
process shall be guilty of a Class 4 felony and that conduct shall be deemed
unprofessional conduct that may subject a person to loss of his or her
professional license. An action to prosecute a person for violating this
subsection (a-2) may be brought by either the Attorney General or the State's
Attorney in the county where the violation took place.
(a-3) The Department shall, by rule, establish guidelines for required continuing education of all employees who inspect, survey, or evaluate a facility. The Department shall offer continuing education opportunities at least quarterly. Employees of a State agency charged with inspecting, surveying, or evaluating a facility are required to complete at least 10 hours of continuing education annually on topics that support the survey process, including, but not limited to, trauma-informed care, infection control, abuse and neglect, and civil monetary penalties. Qualifying hours of continuing education intended to fulfill the requirements of this subsection shall only be offered by the Department. Content presented during the continuing education shall be consistent throughout the State, regardless of survey region. At least 5 of the 10 hours of continuing education required under this subsection shall be separate and distinct from any continuing education hours required for any license that the employee holds. Any continuing education hours provided by the Department in addition to the 10 hours of continuing education required under this subsection may count towards continuing education hours required for any license that the employee holds. (b) In determining whether to make more than the required number of
unannounced inspections, surveys and evaluations of a facility the
Department shall consider one or more of the following: previous inspection
reports; the facility's history of compliance with standards, rules and
regulations promulgated under this Act and correction of violations,
penalties or other enforcement actions; the number and severity of
complaints received about the facility; any allegations of resident abuse
or neglect; weather conditions; health emergencies; other reasonable belief
that deficiencies exist.
(b-1) The Department shall not be required to determine whether a
facility certified to participate in the Medicare program under Title XVIII of
the Social Security Act, or the Medicaid program under Title XIX of the Social
Security Act, and which the Department determines by inspection under this
Section or under Section 3-702 of this Act to be in compliance with the
certification requirements of Title XVIII or XIX, is in compliance with any
requirement of this Act that is less stringent than or duplicates a federal
certification requirement. In accordance with subsection (a) of this Section
or subsection (d) of Section 3-702, the Department shall determine whether a
certified facility is in
compliance with requirements of this Act that exceed federal certification
requirements. If a certified facility is found to be out of compliance with
federal certification requirements, the results of an inspection conducted
pursuant to Title XVIII or XIX of the Social Security Act may be used as the
basis for enforcement remedies authorized and commenced, with the Department's discretion to evaluate whether penalties are warranted, under this Act.
Enforcement of this Act against a certified facility shall be commenced
pursuant to the requirements of this Act, unless enforcement remedies sought
pursuant to Title XVIII or XIX of the Social Security Act exceed those
authorized by this Act. As used in this subsection, "enforcement remedy"
means a sanction for violating a federal certification requirement or this
Act.
(c) Upon completion of each inspection, survey and evaluation, the
appropriate Department personnel who conducted the inspection, survey or
evaluation shall submit a physical or electronic copy of their report to the licensee upon exiting
the facility, and shall submit the actual report to the appropriate
regional office of the Department. Such report and any recommendations for
action by the Department under this Act shall be transmitted to the
appropriate offices of the associate director of the Department, together
with related comments or documentation provided by the licensee which may
refute findings in the report, which explain extenuating circumstances that
the facility could not reasonably have prevented, or which indicate methods
and timetables for correction of deficiencies described in the report.
Without affecting the application of subsection (a) of Section 3-303, any
documentation or comments of the licensee shall be provided within 10
days of receipt of the copy of the report. Such report shall recommend to
the Director appropriate action under this Act with respect to findings
against a facility. The Director shall then determine whether the report's
findings constitute a violation or violations of which the facility must be
given notice. Such determination shall be based upon the severity of the
finding, the danger posed to resident health and safety, the comments and
documentation provided by the facility, the diligence and efforts to
correct deficiencies, correction of the reported deficiencies, the
frequency and duration of similar findings in previous reports and the
facility's general inspection history. Violations shall be determined
under this subsection no later than 75 days after completion of each
inspection, survey and evaluation.
(d) The Department shall maintain all inspection, survey and evaluation
reports for at least 5 years in a manner accessible to and understandable
by the public.
(e) Revisit surveys. The Department shall conduct a revisit to its licensure and certification surveys, consistent with federal regulations and guidelines. (f) Notwithstanding any other provision of this Act, the Department shall, no later than 180 days after the effective date of this amendatory Act of the 98th General Assembly, implement a single survey process that encompasses federal certification and State licensure requirements, health and life safety requirements, and an enhanced complaint investigation initiative. (1) To meet the requirement of a single survey |
| process, the portions of the health and life safety survey associated with federal certification and State licensure surveys must be started within 7 working days of each other. Nothing in this paragraph (1) of subsection (f) of this Section applies to a complaint investigation.
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|
(2) The enhanced complaint and incident report
|
| investigation initiative shall permit the facility to challenge the amount of the fine due to the excessive length of the investigation which results in one or more of the following conditions:
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|
(A) prohibits the timely development and
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| implementation of a plan of correction;
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|
(B) creates undue financial hardship impacting
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| the quality of care delivered to the resident;
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|
(C) delays initiation of corrective training; and
(D) negatively impacts quality assurance and
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| patient improvement standards.
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|
This paragraph (2) does not apply to complaint
|
| investigations exited within 14 working days or a situation that triggers an extended survey.
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|
(Source: P.A. 102-947, eff. 1-1-23 .)
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(210 ILCS 45/3-303.1) (from Ch. 111 1/2, par. 4153-303.1)
Sec. 3-303.1. Waiver of requirements. (a) Upon application by a facility, the Director may grant
or renew the waiver of the facility's compliance with a rule or standard
for a period not to exceed the duration of the current license or, in the
case of an application for license renewal, the duration of the renewal
period. The waiver may be conditioned upon the
facility taking action
prescribed by the Director as a measure equivalent to compliance.
In determining whether to grant or renew a waiver, the Director shall consider
the duration and basis for any current waiver with respect to the same rule
or standard and the validity and effect upon patient health and safety of
extending it on the same basis, the effect upon the health and safety of
residents, the quality of resident
care, the facility's history of compliance with the rules and standards
of this Act, and the facility's attempts to comply
with the particular rule or standard in question. (b) The Department may
provide, by rule, for the automatic renewal of waivers concerning physical
plant requirements upon the renewal of a license. The Department shall
renew waivers relating to physical plant standards issued pursuant to this
Section at the time of the indicated reviews, unless it can show why such
waivers should not be extended for the following reasons:
(1) the condition of the physical plant has |
| deteriorated or its use substantially changed so that the basis upon which the waiver was issued is materially different; or
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|
(2) the facility is renovated or substantially
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| remodeled in such a way as to permit compliance with the applicable rules and standards without substantial increase in cost.
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|
(c) Upon application by a facility, the Director may grant or renew a waiver, in whole or in part, of the registered nurse staffing requirements contained in subsection (e) of Section 3-202.05, considering the criteria in subsection (a) of this Section, if the facility demonstrates to the Director's satisfaction that the facility is unable, despite diligent efforts, including offering wages at a competitive rate for registered nurses in the community, to employ the required number of registered nurses and that the waivers will not endanger the health or safety of residents of the facility. A facility in compliance with the terms of a waiver granted under this subsection shall not be subject to fines or penalties imposed by the Department for violating the registered nurse staffing requirements of subsection (e) of Section 3-202.05. Nothing in this subsection (c) allows the Director to grant or renew a waiver of the minimum registered nurse staffing requirements contained in 42 CFR 483.35(b) to a facility that is Medicare-certified or to a facility that is both Medicare-certified and Medicaid-certified. Waivers granted under this subsection (c) shall be reviewed quarterly by the Department, including requiring a demonstration by the facility that it has continued to make diligent efforts to employ the required number of registered nurses, and shall be revoked for noncompliance with any of the following requirements:
(1) For periods in which the number of registered
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| nurses required by law is not in the facility, a physician or registered nurse shall respond immediately to a telephone call from the facility.
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|
(2) The facility shall notify the following of the
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| waiver: the Office of the State Long Term Care Ombudsman, the residents of the facility, the residents' guardians, and the residents' representatives.
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|
(d) A copy of each waiver application and each waiver granted or renewed shall
be on file with the Department and available for public inspection. The
Director shall annually review such file and recommend to the Long-Term
Care Facility Advisory Board any modification in rules or standards suggested
by the number and nature of waivers requested and granted and the difficulties
faced in compliance by similarly situated facilities.
(Source: P.A. 100-201, eff. 8-18-17; 100-217, eff. 8-18-17.)
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(210 ILCS 45/3-308) (from Ch. 111 1/2, par. 4153-308)
Sec. 3-308.
In the case of a Type "A" violation, a penalty may be assessed
from the date on which the violation is discovered. In the case of a Type
"B" or Type "C" violation or an administrative warning issued pursuant to
Sections 3-401 through 3-413 or the rules promulgated thereunder, the
facility shall submit a plan of correction as
provided in Section 3-303.
In the case of a Type "B" violation or an administrative warning issued
pursuant to Sections 3-401 through 3-413 or the rules promulgated
thereunder, a penalty shall be assessed on the
date of notice of the violation, but the Director may reduce the amount or
waive such payment for any of the following reasons:
(a) The facility submits a true report of correction |
|
(b) The facility submits a plan of correction within
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| 10 days and subsequently submits a true report of correction within 15 days thereafter;
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|
(c) The facility submits a plan of correction within
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| 10 days which provides for a correction time that is less than or equal to 30 days and the Department approves such plan; or
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|
(d) The facility submits a plan of correction for
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| violations involving substantial capital improvements which provides for correction within the initial 90 day limit provided under Section 3-303.
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|
The Director or his or her designee may reallocate the amount of a penalty assessed pursuant to Section 3-305. A facility shall submit to the Director a written request for a penalty reduction, in a form prescribed by the Department, which includes an accounting of all costs for goods and services purchased in correcting the violation. The amount by which a penalty is reduced may not be greater than the amount of the costs reported by the facility. A facility that accepts a penalty reallocation under this Section waives its right to dispute a notice of violation and any remaining fine or penalty in an administrative hearing. The Director shall consider the following factors:
(1) The violation has not caused actual harm to a
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|
(2) The facility has made a diligent effort to
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| correct the violation and to prevent its recurrence.
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|
(3) The facility has no record of a pervasive pattern
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| of the same or similar violations.
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|
(4) The facility did not benefit financially from
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| committing or continuing the violation.
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|
At least annually, and upon request, the Department shall provide a list of all reallocations and the reasons for those reallocations.
If a plan of correction is approved and carried out for a Type "C"
violation, the fine provided under Section 3-305 shall be suspended for the
time period specified in the approved plan of correction. If a plan of
correction is approved and carried out for a Type "B" violation or an
administrative warning issued pursuant to Sections 3-401 through 3-413 or
the rules promulgated thereunder, with respect to a violation that
continues after the date of notice of violation, the fine provided under
Section 3-305 shall be suspended for the time period specified in the
approved plan of correction.
If a good faith plan of correction is not received within the time
provided by Section 3-303, a penalty may be assessed from the date of the
notice of the Type "B" or "C" violation or an administrative warning
issued pursuant to Sections 3-401 through 3-413 or the rules promulgated
thereunder served under Section 3-301 until the date of the receipt of a
good faith plan of correction, or until the date the violation is
corrected, whichever is earlier. If a violation is not corrected within the
time specified by an approved plan of correction or any lawful extension
thereof, a penalty may be assessed from the date of notice of the
violation, until the date the violation is corrected.
(Source: P.A. 96-758, eff. 8-25-09.)
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(210 ILCS 45/3-318) (from Ch. 111 1/2, par. 4153-318)
Sec. 3-318. (a) No person shall:
(1) Intentionally fail to correct or interfere with |
| the correction of a Type "AA", Type "A", or Type "B" violation within the time specified on the notice or approved plan of correction under this Act as the maximum period given for correction, unless an extension is granted and the corrections are made before expiration of extension;
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|
(2) Intentionally prevent, interfere with, or attempt
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| to impede in any way any duly authorized investigation and enforcement of this Act;
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|
(3) Intentionally prevent or attempt to prevent any
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| examination of any relevant books or records pertinent to investigations and enforcement of this Act;
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|
(4) Intentionally prevent or interfere with the
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| preservation of evidence pertaining to any violation of this Act or the rules promulgated under this Act;
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|
(5) Intentionally retaliate or discriminate against
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| any resident or employee for contacting or providing information to any state official, or for initiating, participating in, or testifying in an action for any remedy authorized under this Act;
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|
(6) Wilfully file any false, incomplete or
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| intentionally misleading information required to be filed under this Act, or wilfully fail or refuse to file any required information;
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|
(7) Open or operate a facility without a license;
(8) Intentionally retaliate or discriminate against
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| any resident for consenting to authorized electronic monitoring under the Authorized Electronic Monitoring in Long-Term Care Facilities Act; or
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|
(9) Prevent the installation or use of an electronic
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| monitoring device by a resident who has provided the facility with notice and consent as required in Section 20 of the Authorized Electronic Monitoring in Long-Term Care Facilities Act.
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|
(b) A violation of this Section is a business offense, punishable by a
fine not to exceed $10,000, except as otherwise provided in subsection (2)
of Section 3-103 as to submission of false or misleading information in
a license application.
(c) The State's Attorney of the county in which the facility is
located, or the Attorney General, shall be notified by the Director
of any violations of this Section.
(Source: P.A. 99-430, eff. 1-1-16 .)
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(210 ILCS 45/3-508) (from Ch. 111 1/2, par. 4153-508)
Sec. 3-508. A receiver appointed under this Act:
(a) Shall exercise those powers and shall perform |
| those duties set out by the court.
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|
(b) Shall operate the facility in such a manner as to
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| assure safety and adequate health care for the residents.
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|
(c) Shall have the same rights to possession of the
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| building in which the facility is located and of all goods and fixtures in the building at the time the petition for receivership is filed as the owner would have had if the receiver had not been appointed, and of all assets of the facility. The receiver shall take such action as is reasonably necessary to protect or conserve the assets or property of which the receiver takes possession, or the proceeds from any transfer thereof, and may use them only in the performance of the powers and duties set forth in this Section and by order of the court.
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|
(d) May use the building, fixtures, furnishings and
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| any accompanying consumable goods in the provision of care and services to residents and to any other persons receiving services from the facility at the time the petition for receivership was filed. The receiver shall collect payments for all goods and services provided to residents or others during the period of the receivership at the same rate of payment charged by the owners at the time the petition for receivership was filed.
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(e) May correct or eliminate any deficiency in the
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| structure or furnishings of the facility which endangers the safety or health of residents while they remain in the facility, provided the total cost of correction does not exceed $3,000. The court may order expenditures for this purpose in excess of $3,000 on application from the receiver after notice to the owner and hearing.
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(f) May let contracts and hire agents and employees
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| to carry out the powers and duties of the receiver under this Section.
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(g) Except as specified in Section 3-510, shall honor
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| all leases, mortgages and secured transactions governing the building in which the facility is located and all goods and fixtures in the building of which the receiver has taken possession, but only to the extent of payments which, in the case of a rental agreement, are for the use of the property during the period of the receivership, or which, in the case of a purchase agreement, come due during the period of the receivership.
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(h) Shall have full power to direct and manage and to
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| discharge employees of the facility, subject to any contract rights they may have. The receiver shall pay employees at the same rate of compensation, including benefits, that the employees would have received from the owner. Receivership does not relieve the owner of any obligation to employees not carried out by the receiver.
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(i) Shall, if any resident is transferred or
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| discharged, follow the procedures set forth in Part 4 of this Article.
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(j) Shall be entitled to and shall take possession of
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| all property or assets of residents which are in the possession of a facility or its owner. The receiver shall preserve all property, assets and records of residents of which the receiver takes possession and shall provide for the prompt transfer of the property, assets and records to the new placement of any transferred resident.
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(k) Shall report to the court on any actions he has
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| taken to bring the facility into compliance with this Act or with Title XVIII or XIX of the Social Security Act that he believes should be continued when the receivership is terminated in order to protect the health, safety or welfare of the residents.
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(Source: P.A. 95-331, eff. 8-21-07.)
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(210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
Sec. 3-702.
(a) A person who believes that this Act or a rule promulgated
under this Act may have been violated may request an investigation. The
request may be submitted to the Department in writing, by telephone, by electronic means, or by
personal visit. An oral complaint shall be reduced to writing by the
Department. The Department shall make available, through its website and upon request, information regarding the oral and phone intake processes and the list of questions that will be asked of the complainant. The Department shall request information identifying the
complainant, including the name, address, and telephone number, to help
enable appropriate follow-up. The Department shall act on such complaints
via on-site visits or other methods deemed appropriate to handle the
complaints with or without such identifying information, as otherwise
provided under this Section. The complainant shall be informed that
compliance with such request is not required to satisfy the procedures for
filing a complaint under this Act. The Department must notify complainants that complaints with less information provided are far more difficult to respond to and investigate.
(b) The substance of the complaint shall be provided in writing to the
licensee, owner, or administrator no earlier than at the commencement of an
on-site inspection of the facility which takes place pursuant to the complaint.
(c) The Department shall not disclose the name of the complainant unless
the complainant consents in writing to the disclosure or the investigation
results in a judicial proceeding, or unless disclosure is essential to the
investigation. The complainant shall be given the opportunity to withdraw
the complaint before disclosure. Upon the request of the complainant, the
Department may permit the complainant or a representative of the complainant
to accompany the person making the on-site inspection of the facility.
(d) Upon receipt of a complaint, the Department shall determine whether this
Act or a rule promulgated under this Act has been or is being violated. The
Department shall investigate all complaints alleging abuse or neglect within
7 days after the receipt of the complaint except that complaints of abuse
or neglect which indicate that a resident's life or safety is in imminent
danger shall be investigated within 24 hours after receipt of the
complaint. All other complaints shall be investigated within 30 days after
the receipt of the complaint, except that, during a statewide public health emergency, as defined in the Illinois Emergency Management Agency Act, all other complaints shall be investigated within appropriate time frames to the extent feasible. The Department employees investigating a
complaint shall conduct a brief, informal exit conference with the facility
to alert its administration of any suspected serious deficiency that poses
a direct threat to the health, safety, or welfare of a resident to enable an
immediate correction for the alleviation or elimination of such threat.
Such information and findings discussed in the brief exit conference shall
become a part of the investigating record but shall not in any way
constitute an official or final notice of violation as provided under
Section 3-301. All complaints shall be classified as
"an invalid report", "a valid report", or "an undetermined
report". For any complaint classified as "a valid report", the
Department must determine within 30 working days after any Department employee enters a facility to begin an on-site inspection
if any rule or provision of this Act has been or is being violated.
(d-1) The Department shall, whenever possible, combine an on-site
investigation of a complaint in a facility with other inspections in order
to avoid duplication of inspections.
(e) In all cases, the Department shall inform the complainant of its
findings within 10 days of its determination unless otherwise indicated
by the complainant, and the complainant may direct the Department to
send a copy of such findings to another person. The Department's findings
may include comments or documentation provided by either the complainant
or the licensee pertaining to the complaint. The Department shall also
notify the facility of such findings within 10 days of the determination,
but the name of the complainant or residents shall not be disclosed in this
notice to the facility. The notice of such
findings shall include a copy of the written determination; the
correction order, if any; the warning notice, if any; the inspection
report; or the State licensure form on which the violation is listed.
(f) A written determination, correction order, or warning notice
concerning a complaint, together with the facility's response, shall be
available for public inspection, but the name of the complainant or
resident shall not be disclosed without his consent.
(g) A complainant who is dissatisfied with the determination or
investigation by the Department may request a hearing under Section
3-703. The facility shall be given notice of any such
hearing and may participate in the hearing as a party. If a facility
requests a hearing under Section 3-703 which
concerns a matter covered by a complaint, the complainant shall be given
notice and may participate in the hearing as a party. A request
for a hearing by either a complainant or a facility shall be
submitted in writing to the Department within 30 days after the mailing
of the Department's findings as described in subsection (e) of this
Section. Upon receipt of the request the Department shall conduct a hearing
as provided under Section 3-703.
(g-5) The Department shall conduct an annual review of all survey activity from the preceding fiscal year and make a report concerning the complaint and survey process. The report shall include, but not be limited to: (1) the total number of complaints received; (2) the breakdown of 24-hour, 7-day, and 30-day |
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(3) the breakdown of anonymous and non-anonymous
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(4) the number of complaints that were substantiated
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(5) the total number of substantiated complaints that
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| were completed in the time frame determined under subsection (d);
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(6) the total number of informal dispute resolutions
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(7) the total number of informal dispute resolution
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(8) the total number of informal dispute resolutions
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| that were overturned or reduced in severity;
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(9) the total number of nurse surveyors hired during
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(10) the total number of nurse surveyors who left
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(11) the average length of tenure for nurse surveyors
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| employed by the Department at the time the report is created;
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(12) the total number of times the Department imposed
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| discretionary denial of payment within 15 days of notice and within 2 days of notice as well as the number of times the discretionary denial of payment took effect; and
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(13) any other complaint information requested by the
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| Long-Term Care Facility Advisory Board created under Section 2-204 of this Act or the Illinois Long-Term Care Council created under Section 4.04a of the Illinois Act on the Aging.
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This report shall be provided to the Long-Term Care Facility Advisory Board, the Illinois Long-Term Care Council, and the General Assembly. The Long-Term Care Facility Advisory Board and the Illinois Long-Term Care Council shall review the report and suggest any changes deemed necessary to the Department for review and action, including how to investigate and substantiate anonymous complaints.
(h) Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under subsection
(a)(8) of Section 26-1 of the Criminal Code of 2012.
(Source: P.A. 102-432, eff. 8-20-21; 102-947, eff. 1-1-23; 103-1, eff. 4-27-23; 103-154, eff. 6-30-23.)
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(210 ILCS 45/3-805) (from Ch. 111 1/2, par. 4153-805)
Sec. 3-805. (a) The Department shall conduct a pilot project to
examine, study and contrast the Joint Commission on the Accreditation of
Health Care Organizations ("Commission") accreditation review process with
the current regulations and licensure surveys process conducted by the
Department for long-term care facilities. This pilot project will enable
qualified facilities to apply for participation in the project, in which
surveys completed by the Commission are accepted by the Department in lieu of
inspections required by this Act, as provided in subsection (b) of this
Section. It is intended that this pilot project shall commence on January 1,
1990, and shall conclude on December 31, 2000, with a final report
to be
submitted to the Governor and the General Assembly by June 30, 2001.
(b) (1) In lieu of conducting an inspection for license renewal under
this Act, the Department may accept from a facility that is accredited
by the Commission under the Commission's long-term care standards the
facility's most recent annual accreditation review by the Commission. In
addition to such review, the facility shall submit any fee or other license
renewal report or information required by law. The Department may accept
such review for so long as the Commission maintains an annual inspection or
review program. If the Commission does not conduct an on-site annual
inspection or review, the Department shall conduct an inspection as
otherwise required by this Act. If the Department determines that an
annual on-site inspection or review conducted by the Commission does not
meet minimum standards set by the Department, the Department shall not
accept the Commission's accreditation review and shall conduct an
inspection as otherwise required by this Act.
The Department shall establish procedures applicable to the pilot project
conducted pursuant to this Section. The procedures shall provide for a
review of the Commission's survey findings that may be Type "A" or Type
"B" violations under this Act requiring immediate correction, the taking of
necessary and appropriate action to determine whether such violations
exist, and steps to effect corrective action in cooperation with the
Commission, or otherwise under this Act, as may be necessary. The
Department shall also establish procedures to require the Commission to
immediately report to the Department any survey finding that constitutes a
condition or occurrence relating to the operation and maintenance of a
facility which presents a substantial probability that death or serious
mental or physical harm to a resident will result therefrom, so as to
enable the Department to take necessary and appropriate action under this Act.
(2) This subsection (b) does not limit the Department in performing any
inspections or other duties authorized by this Act, or under any contract
relating to the medical assistance program administered by the
Department of Healthcare and Family Services, or under Title XVIII or Title XIX of the Social
Security Act.
(3) No facility shall be required to obtain accreditation from the
Commission.
(c) Participation in the pilot project shall be limited to facilities
selected at random by the Director, provided that:
(1) facilities shall apply to the Director for |
| selection to participate;
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(2) facilities which are currently accredited by the
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| Commission may apply to participate;
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(3) any facility not accredited by the Commission at
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| the time of application to participate in the pilot project shall apply for such accreditation;
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(4) the number of facilities so selected shall be no
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| greater than 15% of the total number of long-term care facilities licensed under this Act;
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(5) the number of facilities so selected shall be
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| divided equally between facilities having fewer than 100 beds and facilities having 100 or more beds;
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(6) facilities so selected shall have been licensed
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| for more than 2 years and shall not have been issued a conditional license within 2 years before applying for participation in the pilot project; and
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(7) no facilities so selected shall have been issued
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| a notice of a Type "A" violation within one year before applying for participation in the pilot project.
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(d) Inspections and surveys conducted by the Commission under
the pilot project for initial or continued accreditation shall not be
announced in advance to the facility being inspected or surveyed, and shall
provide for participation in the inspection or survey process by residents
of the facility and the public.
(e) With respect to any facility accredited by the Commission, the
Commission shall submit to the Department copies of:
(1) the accreditation award letter;
(2) the accreditation report, including
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| recommendations and comments by the Commission; and
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(3) any correspondence directly related to the
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(f) No facility which is denied initial or continued accreditation by
the Commission shall participate in the pilot project.
(g) The Director shall meet at least once every 6 months with the
director of the Commission's long-term care facility accreditation program
to review, coordinate and modify as necessary the services performed by the
Commission under the pilot project. On or before June 30, 1993, the
Director shall submit to the Governor and to the General Assembly a report
evaluating the pilot project and making any recommendations deemed necessary.
(h) This Section does not limit the Department in performing any
inspections or other duties authorized by this Act, or under any contract
relating to the medical assistance program administered by the
Department of Healthcare and Family Services, or under Title XVIII or Title XIX of the Social
Security Act.
(Source: P.A. 95-331, eff. 8-21-07.)
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