Illinois Compiled Statutes
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HEALTH FACILITIES AND REGULATION210 ILCS 45/Art. II
(210 ILCS 45/) Nursing Home Care Act.
(210 ILCS 45/Art. II heading)
RIGHTS AND RESPONSIBILITIES
210 ILCS 45/Art. II Pt. 1
(210 ILCS 45/Art. II Pt. 1 heading)
210 ILCS 45/2-101
(210 ILCS 45/2-101)
(from Ch. 111 1/2, par. 4152-101)
No resident shall be deprived of any rights, benefits, or
privileges guaranteed by State or federal law, the Constitution of the State of Illinois,
or the Constitution of the United States solely on account of his or her status
as a resident of a facility. Residents shall have the right to be treated with courtesy and respect by employees or persons providing medical services or care and shall have their human and civil rights maintained in all aspects of medical care as defined in the State Operations Manual for Long-Term Care Facilities. In accordance with 42 CFR 483.10, residents shall have their basic human needs, including, but not limited to, water, food, medication, toileting, and personal hygiene, accommodated in a timely manner, as defined by the person and agreed upon by the interdisciplinary team. Residents have the right to maintain their autonomy as much as possible.
(Source: P.A. 102-1080, eff. 1-1-23
210 ILCS 45/2-101.1
(210 ILCS 45/2-101.1)
(from Ch. 111 1/2, par. 4152-101.1)
All new residents and their spouses
shall be informed on admittance of their spousal impoverishment rights
as defined at Section 5-4 of the Illinois Public Aid
Code, as now or hereafter amended and at Section 303 of Title III of the
Medicare Catastrophic Coverage Act of 1988 (P.L. 100-360).
(Source: P.A. 95-331, eff. 8-21-07.)
210 ILCS 45/2-102
(210 ILCS 45/2-102)
(from Ch. 111 1/2, par. 4152-102)
A resident shall be permitted to manage his own financial
affairs unless he or his guardian or if the resident is a minor, his parent,
authorizes the administrator of the facility
in writing to manage such resident's financial affairs under Section 2-201 of this Act.
(Source: P.A. 81-223.)
210 ILCS 45/2-103
(210 ILCS 45/2-103)
(from Ch. 111 1/2, par. 4152-103)
A resident shall be permitted to retain and use or wear his
personal property in his immediate living quarters, unless deemed medically
inappropriate by a physician and so documented in the resident's clinical
record. If clothing is provided to the resident by the facility, it shall
be of a proper fit.
The facility shall provide adequate storage space for the personal property
of the resident. The facility shall provide a means of safeguarding small
items of value for its residents in their rooms or in any other part of
the facility so long as the residents have daily access to such valuables.
The facility shall make reasonable efforts to prevent loss and theft of
residents' property. Those efforts shall be appropriate to the particular
facility and may include, but are not limited to, staff training and
monitoring, labeling property, and frequent property inventories. The
facility shall develop procedures for investigating complaints concerning
theft of residents' property and shall promptly investigate all such
(Source: P.A. 87-549.)
210 ILCS 45/2-104
(210 ILCS 45/2-104)
(from Ch. 111 1/2, par. 4152-104)
(a) A resident shall be permitted to retain the services
of his own personal physician at his own expense or under an individual or
group plan of health insurance, or under any public or private
assistance program providing such coverage. However, the facility is
not liable for the negligence of any such personal physician. Every
resident shall be permitted to obtain from his own physician or the
physician attached to the facility complete and current information
concerning his medical diagnosis, treatment and prognosis in terms and
language the resident can reasonably be expected to understand. Every
resident shall be permitted to participate in the planning of his total
care and medical treatment to the extent that his condition permits. No
resident shall be subjected to experimental research or treatment
without first obtaining his informed, written consent. The conduct of
any experimental research or treatment shall be authorized and monitored
by an institutional review board appointed by the Director. The
membership, operating procedures and review criteria for the institutional
review board shall be prescribed under rules and regulations of the
Department and shall comply with the requirements for institutional review boards established by the federal Food and Drug Administration. No person who has received compensation in the prior 3 years from an entity that manufactures, distributes, or sells pharmaceuticals, biologics, or medical devices may serve on the institutional review board.
The institutional review board may approve only research or treatment that meets the standards of the federal Food and Drug Administration with respect to (i) the protection of human subjects and (ii) financial disclosure by clinical investigators. The Office of State Long Term Care Ombudsman and the State Protection and Advocacy organization shall be given an opportunity to comment on any request for approval before the board makes a decision. Those entities shall not be provided information that would allow a potential human subject to be individually identified, unless the board asks the Ombudsman for help in securing information from or about the resident. The board shall require frequent reporting of the progress of the approved research or treatment and its impact on residents, including immediate reporting of any adverse impact to the resident, the resident's representative, the Office of the State Long Term Care Ombudsman, and the State Protection and Advocacy organization. The board may not approve any retrospective study of the records of any resident about the safety or efficacy of any care or treatment if the resident was under the care of the proposed researcher or a business associate when the care or treatment was given, unless the study is under the control of a researcher without any business relationship to any person or entity who could benefit from the findings of the study.
No facility shall permit experimental research or treatment to be conducted on a resident, or give access to any person or person's records for a retrospective study about the safety or efficacy of any care or treatment, without the prior written approval of the institutional review board. No nursing home administrator, or person licensed by the State to provide medical care or treatment to any person, may assist or participate in any experimental research on or treatment of a resident, including a retrospective study, that does not have the prior written approval of the board. Such conduct shall be grounds for professional discipline by the Department of Financial and
The institutional review board may exempt from ongoing review research or treatment initiated on a resident before the individual's admission to a facility and for which the board determines there is adequate ongoing oversight by another institutional review board. Nothing in this Section shall prevent a facility, any facility employee, or any other person from assisting or participating in any experimental research on or treatment of a resident, if the research or treatment began before the person's admission to a facility, until the board has reviewed the research or treatment and decided to grant or deny approval or to exempt the research or treatment from ongoing review.
The institutional review board requirements of this subsection (a) do not apply to investigational drugs, biological products, or devices used by a resident with a terminal illness as set forth in the Right to Try Act.
(b) All medical treatment and procedures shall be administered as
ordered by a physician. All new physician orders shall be reviewed by the
facility's director of nursing or charge nurse designee within 24 hours
after such orders have been issued to assure facility compliance with such orders.
All physician's orders and plans of treatment shall have the authentication of the physician. For the purposes of this subsection (b), "authentication" means an original written signature or an electronic signature system that allows for the verification of a signer's credentials. A stamp signature, with or without initials, is not sufficient.
According to rules adopted by the Department, every woman resident of
child-bearing age shall receive routine obstetrical and gynecological
evaluations as well as necessary prenatal care.
(c) Every resident shall be permitted to refuse medical treatment
and to know the consequences of such action, unless such refusal would
be harmful to the health and safety of others and such harm is
documented by a physician in the resident's clinical record. The
resident's refusal shall free the facility from the obligation to
provide the treatment.
(d) Every resident, resident's guardian, or parent if the resident
is a minor shall be permitted to inspect and copy all his clinical and
other records concerning his care and maintenance kept by the facility
or by his physician. The facility may charge a reasonable fee for
duplication of a record.
(Source: P.A. 99-270, eff. 1-1-16
210 ILCS 45/2-104.1
(210 ILCS 45/2-104.1)
(from Ch. 111 1/2, par. 4152-104.1)
Whenever ownership of a private facility is transferred
to another private owner following a final order for a suspension or revocation of the
facility's license, the new owner, if the Department so determines, shall
thoroughly evaluate the condition
and needs of each resident as if each resident were being newly admitted to
the facility. The evaluation shall include a review of the medical record
and the conduct of a physical examination
of each resident which shall be performed
within 30 days after the transfer of ownership.
(Source: P.A. 86-1013.)
210 ILCS 45/2-104.2
(210 ILCS 45/2-104.2)
(from Ch. 111 1/2, par. 4152-104.2)
Do-Not-Resuscitate Orders and Department of Public Health Uniform POLST form.
(a) Every facility licensed under
this Act shall establish a policy for the implementation of practitioner
orders concerning cardiopulmonary resuscitation (CPR) or life-sustaining treatment including, but not limited to,
"Do-Not-Resuscitate" orders. This policy may only prescribe the format,
method of documentation and duration of any practitioner orders. Any orders under this policy shall be honored by the facility.
The Department of Public Health Uniform POLST form under Section 2310-600 of the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois, or a copy of that form or a previous version of the uniform form,
honored by the facility.
(b) Within 30 days after admission, new residents who do not have a guardian of the person or an executed power of attorney for health care shall be provided with written notice, in a form and manner provided by rule of the Department, of their right to provide the name of one or more potential health care surrogates that a treating physician should consider in selecting a surrogate to act on the resident's behalf should the resident lose decision-making capacity. The notice shall include a form of declaration that may be utilized by the resident to identify potential health care surrogates or by the facility to document any inability or refusal to make such a declaration. A signed copy of the resident's declaration of a potential health care surrogate or decision to decline to make such a declaration, or documentation by the facility of the resident's inability to make such a declaration, shall be placed in the resident's clinical record and shall satisfy the facility's obligation under this Section. Such a declaration shall be used only for informational purposes in the selection of a surrogate pursuant to the Health Care Surrogate Act. A facility that complies with this Section is not liable to any healthcare provider, resident, or resident's representative or any other person relating to the identification or selection of a surrogate or potential health care surrogate.
(Source: P.A. 98-1110, eff. 8-26-14; 99-319, eff. 1-1-16
210 ILCS 45/2-104.3
(210 ILCS 45/2-104.3)
Serious mental illness; rescreening.
(a) All persons admitted to a nursing home facility with a diagnosis of serious mental illness who remain in the facility for a period of 90 days shall be re-screened by the Department of Human Services or its designee at the end of the 90-day period, at 6 months, and annually thereafter to assess their continuing need for nursing facility care and shall be advised of all other available care options.
(b) The Department of Human Services, by rule, shall provide for a prohibition on conflicts of interest for pre-admission screeners. The rule shall provide for waiver of those conflicts by the Department of Human Services if the Department of Human Services determines that a scarcity of qualified pre-admission screeners exists in a given community and that, absent a waiver of conflict, an insufficient number of pre-admission screeners would be available. If a conflict is waived, the pre-admission screener shall disclose the conflict of interest to the screened individual in the manner provided for by rule of the Department of Human Services. For the purposes of this subsection, a "conflict of interest" includes, but is not limited to, the existence of a professional or financial relationship between (i) a PAS-MH corporate or a PAS-MH agent performing the rescreening and (ii) a community provider or long-term care facility.
(Source: P.A. 96-1372, eff. 7-29-10.)
210 ILCS 45/2-105
(210 ILCS 45/2-105)
(from Ch. 111 1/2, par. 4152-105)
A resident shall be permitted respect and privacy in his medical
and personal care program. Every resident's case discussion, consultation,
examination and treatment shall be confidential and shall be conducted discreetly,
and those persons not directly involved in the resident's care must have
his permission to be present.
(Source: P.A. 81-223.)
210 ILCS 45/2-106
(210 ILCS 45/2-106)
(from Ch. 111 1/2, par. 4152-106)
(a) For purposes of this Act, (i) a physical restraint is any
manual method or physical or
mechanical device, material, or equipment attached or adjacent to a
resident's body that the resident cannot remove easily and
freedom of movement or normal access to one's
body. Devices used for
positioning, including but not limited to bed rails,
gait belts, and cushions, shall not be considered to be restraints for
purposes of this Section;
(ii) a chemical restraint
any drug used for discipline or convenience and not required to treat medical
symptoms. The Department shall by rule, designate certain devices as
including at least all those devices which have been determined
to be restraints by the United States Department of Health and Human Services
interpretive guidelines issued for the purposes of administering Titles XVIII and XIX of the Social Security Act.
(b) Neither restraints nor confinements shall be employed
for the purpose of punishment or for the convenience of any facility personnel.
No restraints or confinements shall be employed except as ordered
by a physician who documents the need for such restraints or confinements
resident's clinical record.
(c) A restraint may be used only with the informed consent of the
resident, the resident's guardian, or other authorized representative. A
restraint may be used only for specific periods, if it is the
least restrictive means necessary to attain and maintain the resident's highest
practicable physical, mental or psychosocial well-being, including brief
periods of time to provide necessary life-saving treatment. A restraint may be
used only after consultation with appropriate health professionals, such as
occupational or physical therapists, and a trial of less restrictive measures
has led to the determination that the use of less restrictive measures
would not attain or maintain the resident's highest practicable physical,
mental or psychosocial well-being.
However, if the resident needs emergency care, restraints may be used for brief
permit medical treatment to proceed unless the facility has notice that the
resident has previously made a valid refusal of the treatment in
(d) A restraint may be applied only by a person trained in the application
of the particular type of restraint.
(e) Whenever a period of use of a restraint is initiated, the resident shall
be advised of his or her right to have a person or organization of his or
including the Guardianship and Advocacy Commission, notified of the use of the
restraint. A recipient
who is under guardianship may request that a person or organization of his or
her choosing be notified of the restraint, whether or not the guardian
approves the notice.
If the resident so chooses, the facility shall make the notification
within 24 hours, including any information
the period of time that the restraint is to be used.
Whenever the Guardianship and Advocacy Commission is notified that a resident
has been restrained, it shall contact the resident to determine the
circumstances of the restraint and whether further action is warranted.
(f) Whenever a restraint is used on a resident whose primary mode of
communication is sign language, the resident shall be permitted to have his or
hands free from restraint for brief periods each hour, except when this freedom
result in physical harm to the resident or others.
(g) The requirements of this Section are intended to control in any conflict
with the requirements of Sections
1-126 and 2-108 of the Mental Health and Developmental Disabilities Code.
(Source: P.A. 97-135, eff. 7-14-11.)
210 ILCS 45/2-106.1
(210 ILCS 45/2-106.1)
(a) A resident shall not be given unnecessary drugs. An
unnecessary drug is any drug used in an excessive dose, including in
duplicative therapy; for excessive duration; without adequate
monitoring; without adequate indications for its use; or in the
presence of adverse consequences that indicate the drugs should be reduced or
discontinued. The Department shall adopt, by rule, the standards
contained in interpretive guidelines issued by the United States Department of
Health and Human Services for the purposes of administering Titles XVIII and XIX of
the Social Security Act.
(b) Except in the case of an emergency, psychotropic medication shall not be administered without the informed
consent of the resident or the resident's surrogate decision maker. "Psychotropic medication"
means medication that
is used for or listed as used for psychotropic, antidepressant, antimanic, or
antianxiety behavior modification or behavior management purposes in the latest
editions of the AMA Drug Evaluations or the Physician's Desk Reference. "Emergency" has the same meaning as in Section 1-112 of the Nursing Home Care Act. A facility shall (i) document the alleged emergency in detail, including the facts surrounding the medication's need, and (ii) present this documentation to the resident and the resident's representative. The Department shall adopt, by rule, a protocol specifying how informed consent for psychotropic medication may be obtained or refused. The protocol shall require, at a minimum, a discussion between (i) the resident or the resident's surrogate decision maker and (ii) the resident's physician, a registered pharmacist, or a licensed nurse about the possible risks and benefits of a recommended medication and the use of standardized consent forms designated by the Department. The protocol shall include informing the resident, surrogate decision maker, or both of the existence of a copy of: the resident's care plan; the facility policies and procedures adopted in compliance with subsection (b-15) of this Section; and a notification that the most recent of the resident's care plans and the facility's policies are available to the resident or surrogate decision maker upon request. Each form designated or developed by the Department (i) shall be written in plain language, (ii) shall be able to be downloaded from the Department's official website or another website designated by the Department, (iii) shall include information specific to the psychotropic medication for which consent is being sought, and (iv) shall be used for every resident for whom psychotropic drugs are prescribed. The Department shall utilize the rules, protocols, and forms developed and implemented under the Specialized Mental Health Rehabilitation Act of 2013 in effect on the effective date of this amendatory Act of the 101st General Assembly, except to the extent that this Act requires a different procedure, and except that the maximum possible period for informed consent shall be until: (1) a change in the prescription occurs, either as to type of psychotropic medication or an increase or decrease in dosage, dosage range, or titration schedule of the prescribed medication that was not included in the original informed consent; or (2) a resident's care plan changes. The Department may further amend the rules after January 1, 2021 pursuant to existing rulemaking authority. In addition to creating those forms, the Department shall approve the use of any other informed consent forms that meet criteria developed by the Department. At the discretion of the Department, informed consent forms may include side effects that the Department reasonably believes are more common, with a direction that more complete information can be found via a link on the Department's website to third-party websites with more complete information, such as the United States Food and Drug Administration's website. The Department or a facility shall incur no liability for information provided on a consent form so long as the consent form is substantially accurate based upon generally accepted medical principles and if the form includes the website links.
Informed consent shall be sought from the resident. For the purposes of this Section, "surrogate decision maker" means an individual representing the resident's interests as permitted by this Section. Informed consent shall be sought by the resident's guardian of the person if one has been named by a court of competent jurisdiction. In the absence of a court-ordered guardian, informed consent shall be sought from a health care agent under the Illinois Power of Attorney Act who has authority to give consent. If neither a court-ordered guardian of the person nor a health care agent under the Illinois Power of Attorney Act is available and the attending physician determines that the resident lacks capacity to make decisions, informed consent shall be sought from the resident's attorney-in-fact designated under the Mental Health Treatment Preference Declaration Act, if applicable, or the resident's representative.
In addition to any other penalty prescribed by law, a facility that is found to have violated this subsection, or the federal certification requirement that informed consent be obtained before administering a psychotropic medication, shall thereafter be required to obtain the signatures of 2 licensed health care professionals on every form purporting to give informed consent for the administration of a psychotropic medication, certifying the personal knowledge of each health care professional that the consent was obtained in compliance with the requirements of this subsection.
(b-5) A facility must obtain voluntary informed consent, in writing, from a resident or the resident's surrogate decision maker before administering or dispensing a psychotropic medication to that resident. When informed consent is not required for a change in dosage, the facility shall note in the resident's file that the resident was informed of the dosage change prior to the administration of the medication or that verbal, written, or electronic notice has been communicated to the resident's surrogate decision maker that a change in dosage has occurred.
(b-10) No facility shall deny continued residency to a person on the basis of the person's or resident's, or the person's or resident's surrogate decision maker's, refusal of the administration of psychotropic medication, unless the facility can demonstrate that the resident's refusal would place the health and safety of the resident, the facility staff, other residents, or visitors at risk.
A facility that alleges that the resident's refusal to consent to the administration of psychotropic medication will place the health and safety of the resident, the facility staff, other residents, or visitors at risk must: (1) document the alleged risk in detail; (2) present this documentation to the resident or the resident's surrogate decision maker, to the Department, and to the Office of the State Long Term Care Ombudsman; and (3) inform the resident or his or her surrogate decision maker of his or her right to appeal to the Department. The documentation of the alleged risk shall include a description of all nonpharmacological or alternative care options attempted and why they were unsuccessful.
(b-15) Within 100 days after the effective date of any rules adopted by the Department under subsection (b) of this Section, all facilities shall implement written policies and procedures for compliance with this Section. When the Department conducts its annual survey of a facility, the surveyor may review these written policies and procedures and either:
(1) give written notice to the facility that the
policies or procedures are sufficient to demonstrate the facility's intent to comply with this Section; or
(2) provide written notice to the facility that the
proposed policies and procedures are deficient, identify the areas that are deficient, and provide 30 days for the facility to submit amended policies and procedures that demonstrate its intent to comply with this Section.
A facility's failure to submit the documentation required under this subsection is sufficient to demonstrate its intent to not comply with this Section and shall be grounds for review by the Department.
All facilities must provide training and education on the requirements of this Section to all personnel involved in providing care to residents and train and educate such personnel on the methods and procedures to effectively implement the facility's policies. Training and education provided under this Section must be documented in each personnel file.
(b-20) Upon the receipt of a report of any violation of this Section, the Department shall investigate and, upon finding sufficient evidence of a violation of this Section, may proceed with disciplinary action against the licensee of the facility. In any administrative disciplinary action under this subsection, the Department shall have the discretion to determine the gravity of the violation and, taking into account mitigating and aggravating circumstances and facts, may adjust the disciplinary action accordingly.
(b-25) A violation of informed consent that, for an individual resident, lasts for 7 days or more under this Section is, at a minimum, a Type "B" violation. A second violation of informed consent within a year from a previous violation in the same facility regardless of the duration of the second violation is, at a minimum, a Type "B" violation.
(b-30) Any violation of this Section by a facility may be enforced by an action brought by the Department in the name of the People of Illinois for injunctive relief, civil penalties, or both injunctive relief and civil penalties. The Department may initiate the action upon its own complaint or the complaint of any other interested party.
(b-35) Any resident who has been administered a psychotropic medication in violation of this Section may bring an action for injunctive relief, civil damages, and costs and attorney's fees against any facility responsible for the violation.
(b-40) An action under this Section must be filed within 2 years of either the date of discovery of the violation that gave rise to the claim or the last date of an instance of a noncompliant administration of psychotropic medication to the resident, whichever is later.
(b-45) A facility subject to action under this Section shall be liable for damages of up to $500 for each day after discovery of a violation that the facility violates the requirements of this Section.
(b-55) The rights provided for in this Section are cumulative to existing resident rights. No part of this Section shall be interpreted as abridging, abrogating, or otherwise diminishing existing resident rights or causes of action at law or equity.
(c) The requirements of
this Section are intended to control in a conflict
with the requirements of Sections 2-102 and 2-107.2
of the Mental Health and Developmental Disabilities Code with respect to the
administration of psychotropic medication.
(d) In this Section only, "licensed nurse" means an advanced practice registered nurse, a registered nurse, or a licensed practical nurse.
(Source: P.A. 101-10, eff. 6-5-19; 102-646, eff. 8-27-21.)
210 ILCS 45/2-106a
(210 ILCS 45/2-106a)
Resident identification wristlet.
An identification wristlet may be employed for any resident upon a physician's order, which shall document the need for the identification wristlet in the resident's clinical record. A facility may require a resident residing in an Alzheimer's disease unit with a history of wandering to wear an identification wristlet, unless the resident's guardian or power of attorney directs that the wristlet be removed. All identification wristlets shall include, at a
minimum, the resident's name
and the name, telephone number, and address of the facility issuing the identification wristlet.
(Source: P.A. 100-293, eff. 1-1-18
210 ILCS 45/2-107
(210 ILCS 45/2-107)
(from Ch. 111 1/2, par. 4152-107)
An owner, licensee, administrator, employee or agent of a
facility shall not abuse or neglect a resident. It is the duty of any
facility employee or agent who becomes aware of such abuse or neglect to report it
as provided in "The Abused and Neglected Long Term Care Facility Residents
(Source: P.A. 82-120.)
210 ILCS 45/2-108
(210 ILCS 45/2-108)
(from Ch. 111 1/2, par. 4152-108)
Every resident shall be permitted unimpeded, private and uncensored
communication of his choice by mail, public telephone or visitation.
(a) The administrator shall ensure that correspondence is conveniently
received and mailed, and that telephones are reasonably accessible.
(b) The administrator shall ensure that residents may have private visits
at any reasonable hour unless such visits are not medically advisable for
the resident as documented in the resident's clinical record by the resident's
(c) The administrator shall ensure that space for visits is available
and that facility personnel knock, except in an emergency, before entering
any resident's room.
(d) Unimpeded, private and uncensored communication by mail, public telephone
and visitation may be reasonably restricted by a physician only in
order to protect the resident or others from harm, harassment or intimidation,
provided that the reason for any such restriction is placed in the resident's
clinical record by the physician and that notice of such restriction shall
be given to all residents upon admission. However, all letters addressed
by a resident to the Governor,
members of the General Assembly, Attorney General, judges, state's attorneys,
officers of the Department, or licensed attorneys at law shall be forwarded
at once to the persons to whom they are addressed without examination by
facility personnel. Letters in reply from the officials and attorneys mentioned
above shall be delivered to the recipient without examination by facility personnel.
(e) The administrator shall ensure that married residents residing in
the same facility be allowed to reside in the same room within the facility
unless there is no room available in the facility or it is deemed medically
inadvisable by the residents' attending physician and so documented in the
residents' medical records.
(Source: P.A. 81-223.)
210 ILCS 45/2-108.5
(210 ILCS 45/2-108.5)
Resident phone call or video call during a disaster declared by the Governor.
Upon request, a facility shall make every reasonable effort to facilitate at least one phone call or video call between a resident and a single family member of the resident each day during a disaster declared by the Governor under Section 7 of the Illinois Emergency Management Agency Act, unless doing so could pose a danger to residents or staff or redirect resources away from direct resident care and protection.
(Source: P.A. 102-398, eff. 8-16-21.)
210 ILCS 45/2-109
(210 ILCS 45/2-109)
(from Ch. 111 1/2, par. 4152-109)
A resident shall be permitted the free exercise of religion.
Upon a resident's request, and if necessary at his expense, the administrator
shall make arrangements for a resident's attendance at religious services
of the resident's choice. However, no religious beliefs or practices, or
attendance at religious services, may be imposed upon any resident.
(Source: P.A. 81-223.)
210 ILCS 45/2-110
(210 ILCS 45/2-110)
(from Ch. 111 1/2, par. 4152-110)
(a) Any employee or agent of a public agency, any
representative of a community legal services program or any other member
of the general public shall be permitted access at reasonable hours to
any individual resident of any facility, but only if there is neither a
commercial purpose nor
effect to such access and if the purpose is to do any of the following:
(1) Visit, talk with and make personal, social and
legal services available to all residents;
(2) Inform residents of their rights and entitlements
and their corresponding obligations, under federal and State laws, by means of educational materials and discussions in groups and with individual residents;
(3) Assist residents in asserting their legal rights
regarding claims for public assistance, medical assistance and social security benefits, as well as in all other matters in which residents are aggrieved. Assistance may include counseling and litigation; or
(4) Engage in other methods of asserting, advising
and representing residents so as to extend to them full enjoyment of their rights.
(a-5) If a resident of a licensed facility is an identified offender, any federal, State, or local law enforcement officer or county probation officer shall be permitted reasonable access to the individual resident to verify compliance with the requirements of the Sex Offender Registration Act, to verify compliance with the requirements of Public Act 94-163 and this amendatory Act of the 94th General Assembly, or to verify compliance with applicable terms of probation, parole, aftercare release, or mandatory supervised release.
(b) All persons entering a facility under this Section shall
promptly notify appropriate facility personnel of their presence. They
shall, upon request, produce identification to establish their identity.
No such person shall enter the immediate living area of any resident
without first identifying himself and then receiving permission from the
resident to enter. The rights of other residents present in the room
shall be respected. A resident may terminate at any time a visit by a
person having access to the resident's living area under this Section.
(c) This Section shall not limit the power of the Department or
other public agency, including, but not limited to, the State Long Term Care Ombudsman Program, otherwise permitted or required by federal or State law to enter and
inspect a facility or communicate privately and without restriction with a resident who consents to the communication, regardless of the consent of, or withholding of consent by, a legal guardian or an agent named in a power of attorney executed by the resident.
(d) Notwithstanding paragraph (a) of this Section, the administrator
of a facility may refuse access to the facility to any person if the
presence of that person in the facility would be injurious to the health
and safety of a resident or would threaten the security of the property
of a resident or the facility, or if the person seeks access to the
facility for commercial purposes. Any person refused access to a
facility may within 10 days request a hearing under Section 3-703. In
that proceeding, the burden of proof as to the right of the facility to
refuse access under this Section shall be on the facility.
(Source: P.A. 98-558, eff. 1-1-14; 98-989, eff. 1-1-15
210 ILCS 45/2-111
(210 ILCS 45/2-111)
(from Ch. 111 1/2, par. 4152-111)
A resident may be discharged from a facility after he gives
the administrator, a physician, or a nurse of the facility
written notice of his desire to be discharged. If a guardian has been appointed
for a resident or if the resident is a minor, the resident shall be discharged
upon written consent of his guardian or if the resident is a minor, his
parent unless there is a court order to the contrary. In such cases, upon
discharge, the facility is relieved from any responsibility for the resident's
care, safety or well-being.
(Source: P.A. 81-223.)
210 ILCS 45/2-112
(210 ILCS 45/2-112)
(from Ch. 111 1/2, par. 4152-112)
A resident shall be permitted to present grievances on behalf
of himself or others to the administrator, the Long-Term Care Facility Advisory
Board, the residents' advisory council, State governmental agencies,
or other persons of the resident's choice, free from restraint, interference, coercion, or discrimination and without threat of discharge or reprisal in any form or
manner whatsoever. Every facility licensed under this Act shall have a written internal grievance procedure that, at a minimum:
(1) sets forth the process to be followed;
(2) specifies time limits, including time limits for
(3) informs residents of their right to have the
assistance of an advocate;
(4) provides for a timely response within 25 days by
an impartial and nonaffiliated third party, including, but not limited to, the Long-Term Care Ombudsman, if the grievance is not otherwise resolved by the facility;
(5) requires the facility to follow applicable State
and federal requirements for responding to and reporting any grievance alleging potential abuse, neglect, misappropriation of resident property, or exploitation; and
(6) requires the facility to keep a copy of all
grievances, responses, and outcomes for 3 years and provide the information to the Department upon request.
In accordance with F574 of the State Operations Manual for Long-Term Care Facilities, the administrator shall provide all residents or their representatives upon admission and at request with 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 and addresses and phone numbers for the Office of Health Care Regulation and the Long-Term Care Ombudsman Program.
(Source: P.A. 102-1080, eff. 1-1-23
210 ILCS 45/2-113
(210 ILCS 45/2-113)
(from Ch. 111 1/2, par. 4152-113)
A resident may refuse to perform labor for a facility. Residents shall not perform labor or services for the facility unless consistent with F566 of the State Operations Manual for Long-Term Care Facilities. The activities must be included for therapeutic purposes and be appropriately goal related to the individual's care plan. If a resident chooses to perform labor or services, the resident must be compensated at or above the prevailing wage rate.
(Source: P.A. 102-1080, eff. 1-1-23
210 ILCS 45/2-114
(210 ILCS 45/2-114)
No resident shall be subjected to unlawful discrimination as defined in Section 1-103 of the Illinois Human Rights Act by any owner, licensee, administrator, employee, or agent of a facility. Unlawful discrimination does not include an action by any owner, licensee, administrator, employee, or agent of a facility that is required by this Act or rules adopted under this Act.
(Source: P.A. 96-1372, eff. 7-29-10.)
210 ILCS 45/2-115
(210 ILCS 45/2-115)
Authorized electronic monitoring of a resident's room.
A resident shall be permitted to conduct authorized electronic monitoring of the resident's room through the use of electronic monitoring devices placed in the room pursuant to the Authorized Electronic Monitoring in Long-Term Care Facilities Act.
(Source: P.A. 99-430, eff. 1-1-16
210 ILCS 45/Art. II Pt. 2
(210 ILCS 45/Art. II Pt. 2 heading)
210 ILCS 45/2-201
(210 ILCS 45/2-201)
(from Ch. 111 1/2, par. 4152-201)
To protect the residents' funds, the facility:
(1) Shall at the time of admission provide, in order of priority,
each resident, or the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family member,
if any, with a written statement explaining to the resident and to the
resident's spouse (a) their spousal impoverishment rights, as defined at
Section 5-4 of the Illinois Public Aid Code, and at Section 303 of Title III of the Medicare Catastrophic
Coverage Act of 1988 (P.L. 100-360), (b) their obligation to comply with the asset and income disclosure requirements of Title XIX of the federal Social Security Act and the regulations duly promulgated thereunder, except that this item (b) does not apply to facilities operated by the Illinois Department of Veterans' Affairs that do not participate in Medicaid, and (c) the
resident's rights regarding personal
funds and listing the services for which the resident will be charged. The
facility shall obtain a signed acknowledgment from each resident or the
resident's guardian, if any, or the resident's representative, if any, or
the resident's immediate family member, if any, that such person has
received the statement and understands that failure to comply with asset and income disclosure requirements may result in the denial of Medicaid eligibility.
(2) May accept funds from a resident for safekeeping and managing, if
it receives written authorization from, in order of priority, the resident
or the resident's guardian, if any, or the resident's representative,
if any, or the resident's immediate family member, if any; such authorization
shall be attested to by a witness who has no pecuniary interest in the facility
or its operations, and who is not connected in any way to facility
personnel or the administrator in any manner whatsoever.
(3) Shall maintain and allow, in order of priority, each resident
or the resident's guardian, if any, or the resident's representative,
if any, or the resident's immediate family member, if any, access to a
written record of all financial arrangements and transactions involving
the individual resident's funds.
(4) Shall provide, in order of priority, each resident, or the resident's
guardian, if any, or the resident's representative, if any,
or the resident's immediate family member, if any, with a written itemized
statement at least quarterly, of all financial transactions involving
the resident's funds.
(5) Shall purchase a surety bond, or otherwise provide assurance
satisfactory to the Departments of Public Health and Insurance that all
residents' personal funds deposited with the facility are secure against
loss, theft, and insolvency.
(6) Shall keep any funds received from a resident for safekeeping in an
account separate from the facility's funds, and shall at no time withdraw
any part or all of such funds for any purpose other than to return the
funds to the resident upon the request of the resident or any other person
entitled to make such request, to pay the resident his allowance, or to
make any other payment authorized by the resident or any other person
entitled to make such authorization.
(7) Shall deposit any funds received from a resident in excess of $100 in
an interest bearing account insured by agencies of, or corporations chartered
by, the State or federal government. The account shall be in a form which
clearly indicates that the facility has only a fiduciary interest in the
funds and any interest from the account shall accrue to the resident. The
facility may keep up to $100 of a resident's money in a non-interest bearing
account or petty cash fund, to be readily available for the resident's current
(8) Shall return to the resident, or the person who executed the written
authorization required in subsection (2) of this Section, upon written
request, all or any part of the resident's funds given the facility for
safekeeping, including the interest accrued from deposits.
(9) Shall (a) place any monthly allowance to which a resident is entitled
in that resident's personal account, or give it to the resident, unless
the facility has written authorization from the resident or the resident's
guardian or if the resident is a minor, his parent, to handle it
differently, (b) take all steps necessary to ensure that a personal needs
allowance that is placed in a resident's personal account is used
exclusively by the resident or for the benefit of the resident, and
(c) where such funds are withdrawn from the resident's personal account by
any person other than the resident, require such person to whom funds
constituting any part of a resident's personal needs allowance are
released, to execute an affidavit that such funds shall be used exclusively
for the benefit of the resident.
(10) Unless otherwise provided by State law, upon the death of a resident,
shall provide the executor or administrator of the resident's estate with
a complete accounting of all the resident's personal property, including
any funds of the resident being held by the facility.
(11) If an adult resident is incapable of managing his funds and does
not have a resident's representative, guardian, or an immediate family
member, shall notify the Office of the State Guardian of the Guardianship
and Advocacy Commission.
(12) If the facility is sold, shall provide the buyer with a written
verification by a public accountant of all residents' monies and properties
being transferred, and obtain a signed receipt from the new owner.
(Source: P.A. 98-523, eff. 8-23-13.)
210 ILCS 45/2-201.5
(210 ILCS 45/2-201.5)
Screening prior to admission.
(a) All persons age 18 or older seeking admission to a nursing
facility must be screened to
determine the need for nursing facility services prior to being admitted,
regardless of income, assets, or funding source. Screening for nursing facility services shall be administered
through procedures established by administrative rule. Screening may be done
by agencies other than the Department as established by administrative rule.
This Section applies on and after July 1, 1996. No later than October 1, 2010, the Department of Healthcare and Family Services, in collaboration with the Department on Aging, the Department of Human Services, and the Department of Public Health, shall file administrative rules providing for the gathering, during the screening process, of information relevant to determining each person's potential for placing other residents, employees, and visitors at risk of harm.
(a-1) Any screening performed pursuant to subsection (a) of
this Section shall include a determination of whether any
person is being considered for admission to a nursing facility due to a
need for mental health services. For a person who needs
mental health services, the screening shall
also include an evaluation of whether there is permanent supportive housing, or an array of
community mental health services, including but not limited to
supported housing, assertive community treatment, and peer support services, that would enable the person to live in the community. The person shall be told about the existence of any such services that would enable the person to live safely and humanely and about available appropriate nursing home services that would enable the person to live safely and humanely, and the person shall be given the assistance necessary to avail himself or herself of any available services.
(a-2) Pre-screening for persons with a serious mental illness shall be performed by a psychiatrist, a psychologist, a registered nurse certified in psychiatric nursing, a licensed clinical professional counselor, or a licensed clinical social worker,
who is competent to (i) perform a clinical assessment of the individual, (ii) certify a diagnosis, (iii) make a
determination about the individual's current need for treatment, including substance abuse treatment, and recommend specific treatment, and (iv) determine whether a facility or a community-based program
is able to meet the needs of the individual.
For any person entering a nursing facility, the pre-screening agent shall make specific recommendations about what care and services the individual needs to receive, beginning at admission, to attain or maintain the individual's highest level of independent functioning and to live in the most integrated setting appropriate for his or her physical and personal care and developmental and mental health needs. These recommendations shall be revised as appropriate by the pre-screening or re-screening agent based on the results of resident review and in response to changes in the resident's wishes, needs, and interest in transition.
Upon the person entering the nursing facility, the Department of Human Services or its designee shall assist the person in establishing a relationship with a community mental health agency or other appropriate agencies in order to (i) promote the person's transition to independent living and (ii) support the person's progress in meeting individual goals.
(a-3) The Department of Human Services, by rule, shall provide for a prohibition on conflicts of interest for pre-admission screeners. The rule shall provide for waiver of those conflicts by the Department of Human Services if the Department of Human Services determines that a scarcity of qualified pre-admission screeners exists in a given community and that, absent a waiver of conflicts, an insufficient number of pre-admission screeners would be available. If a conflict is waived, the pre-admission screener shall disclose the conflict of interest to the screened individual in the manner provided for by rule of the Department of Human Services. For the purposes of this subsection, a "conflict of interest" includes, but is not limited to, the existence of a professional or financial relationship between (i) a PAS-MH corporate or a PAS-MH agent and (ii) a community provider or long-term care facility.
(b) In addition to the screening required by subsection (a), a facility, except for those licensed under the MC/DD Act, shall, within 24 hours after admission, request a criminal history background check pursuant to the Illinois Uniform Conviction Information Act for all persons age 18 or older seeking admission to the facility, unless (i) a background check was initiated by a hospital pursuant to subsection (d) of Section 6.09 of the Hospital Licensing Act or a pre-admission background check was conducted by the Department of Veterans' Affairs 30 days prior to admittance into an Illinois Veterans Home; (ii) the transferring resident is immobile; or (iii) the transferring resident is moving into hospice. The exemption provided in item (ii) or (iii) of this subsection (b) shall apply only if a background check was completed by the facility the resident resided at prior to seeking admission to
the facility and the resident was transferred to the facility
with no time passing during which the resident was not
institutionalized. If item (ii) or (iii) of this subsection (b) applies,
the prior facility shall provide a copy of its background check
of the resident and all supporting documentation, including,
when applicable, the criminal history report and the security
assessment, to the facility to which the resident is being
transferred. Background checks conducted pursuant to this Section shall be based on the resident's name, date of birth, and other identifiers as required by the Illinois State Police. If the results of the background check are inconclusive, the facility shall initiate a fingerprint-based check, unless the fingerprint check is waived by the Director of Public Health based on verification by the facility that the resident is completely immobile or that the resident meets other criteria related to the resident's health or lack of potential risk which may be established by Departmental rule. A waiver issued pursuant to this Section shall be valid only while the resident is immobile or while the criteria supporting the waiver exist. The facility shall provide for or arrange for any required fingerprint-based checks to be taken on the premises of the facility. If a fingerprint-based check is required, the facility shall arrange for it to be conducted in a manner that is respectful of the resident's dignity and that minimizes any emotional or physical hardship to the resident.
(c) If the results of a resident's criminal history background check reveal that the resident is an identified offender as defined in Section 1-114.01, the facility shall do the following:
(1) Immediately notify the Illinois State Police, in
the form and manner required by the Illinois State Police, in collaboration with the Department of Public Health, that the resident is an identified offender.
(2) Within 72 hours, arrange for a fingerprint-based
criminal history record inquiry to be requested on the identified offender resident. The inquiry shall be based on the subject's name, sex, race, date of birth, fingerprint images, and other identifiers required by the Illinois State Police. The inquiry shall be processed through the files of the Illinois State Police and the Federal Bureau of Investigation to locate any criminal history record information that may exist regarding the subject. The Federal Bureau of Investigation shall furnish to the Illinois State Police, pursuant to an inquiry under this paragraph (2), any criminal history record information contained in its files.
The facility shall comply with all applicable provisions contained in the Illinois Uniform Conviction Information Act.
All name-based and fingerprint-based criminal history record inquiries shall be submitted to the Illinois State Police electronically in the form and manner prescribed by the Illinois State Police. The Illinois State Police may charge the facility a fee for processing name-based and fingerprint-based criminal history record inquiries. The fee shall be deposited into the State Police Services Fund. The fee shall not exceed the actual cost of processing the inquiry.
(e) The Department shall develop and maintain a de-identified database of residents who have injured facility staff, facility visitors, or other residents, and the attendant circumstances, solely for the purposes of evaluating and improving resident pre-screening and assessment procedures (including the Criminal History Report prepared under Section 2-201.6) and the adequacy of Department requirements concerning the provision of care and services to residents. A resident shall not be listed in the database until a Department survey confirms the accuracy of the listing. The names of persons listed in the database and information that would allow them to be individually identified shall not be made public. Neither the Department nor any other agency of State government may use information in the database to take any action against any individual, licensee, or other entity, unless the Department or agency receives the information independent of this subsection (e). All information
collected, maintained, or developed under the authority of this subsection (e) for the purposes of the database maintained under this subsection (e) shall be treated in the same manner as information that is subject to Part 21 of Article VIII of the Code of Civil Procedure.
(Source: P.A. 102-538, eff. 8-20-21.)
210 ILCS 45/2-201.6
(210 ILCS 45/2-201.6)
Criminal History Report.
(a) The Illinois State Police shall prepare a Criminal History Report when it receives information, through the criminal history background check required pursuant to subsection (d) of Section 6.09 of the Hospital Licensing Act or subsection (c) of Section 2-201.5, or through any other means, that a resident of a facility is an identified offender.
(b) The Illinois State Police shall complete the Criminal History Report within 10 business days after receiving information under subsection (a) that a resident is an identified offender.
(c) The Criminal History Report shall include, but not be limited to, the following:
(3.5) Copies of the identified offender's parole,
mandatory supervised release, or probation orders.
(4) An interview with the identified offender.
(6) A detailed summary of the entire criminal history
of the offender, including arrests, convictions, and the date of the identified offender's last conviction relative to the date of admission to a long-term care facility.
(7) If the identified offender is a convicted or
registered sex offender, a review of any and all sex offender evaluations conducted on that offender. If there is no sex offender evaluation available, the Illinois State Police shall arrange, through the Department of Public Health, for a sex offender evaluation to be conducted on the identified offender. If the convicted or registered sex offender is under supervision by the Illinois Department of Corrections or a county probation department, the sex offender evaluation shall be arranged by and at the expense of the supervising agency. All evaluations conducted on convicted or registered sex offenders under this Act shall be conducted by sex offender evaluators approved by the Sex Offender Management Board.
(d) The Illinois State Police shall provide the Criminal History Report to a licensed forensic psychologist. After (i) consideration of the Criminal History Report, (ii) consultation with the facility administrator or the facility medical director, or both, regarding the mental and physical condition of the identified offender, and (iii) reviewing the facility's file on the identified offender, including all incident reports, all information regarding medication and medication compliance, and all information regarding previous discharges or transfers from other facilities, the licensed forensic psychologist shall prepare an Identified Offender Report and Recommendation. The Identified Offender Report and Recommendation shall detail whether and to what extent the identified offender's criminal history necessitates the implementation of security measures within the long-term care facility. If the identified offender is a convicted or registered sex offender or if the Identified Offender Report and Recommendation reveals that the identified offender poses a significant risk of harm to others within the facility, the offender shall be required to have his or her own room within the facility.
(e) The licensed forensic psychologist shall complete the Identified Offender Report and Recommendation within 14 business days after receiving the Criminal History Report and shall promptly provide the Identified Offender Report and Recommendation to the Illinois State Police, which shall provide the Identified Offender Report and Recommendation to the following:
(1) The long-term care facility within which the
identified offender resides.
(2) The Chief of Police of the municipality in which
(3) The State of Illinois Long Term Care Ombudsman.
(4) The Department of Public Health.
(e-5) The Department of Public Health shall keep a continuing record of all residents determined to be identified offenders as defined in Section 1-114.01 and shall report the number of identified offender residents annually to the General Assembly.
(f) The facility shall incorporate the Identified Offender Report and Recommendation into the identified offender's care plan created pursuant to 42 CFR 483.20.
(g) If, based on the Identified Offender Report and Recommendation, a facility determines that it cannot manage the identified offender resident safely within the facility, it shall commence involuntary transfer or discharge proceedings pursuant to Section 3-402.
(h) Except for willful and wanton misconduct, any person authorized to participate in the development of a Criminal History Report or Identified Offender Report and Recommendation is immune from criminal or civil liability for any acts or omissions as the result of his or her good faith effort to comply with this Section.
(Source: P.A. 102-538, eff. 8-20-21.)
210 ILCS 45/2-201.7
(210 ILCS 45/2-201.7)
Expanded criminal history background check pilot program.
(a) The purpose of this Section is to establish a pilot program based in Cook and Will counties in which an expanded criminal history background check screening process will be utilized to better identify residents of licensed long term care facilities who, because of their criminal histories, may pose a risk to other vulnerable residents.
(b) In this Section, "mixed population facility" means a facility that has more than 25 residents with a diagnosis of serious mental illness and residents 65 years of age or older.
(c) Every mixed population facility located in Cook County or Will County shall participate in the pilot program and shall employ expanded criminal history background check screening procedures for all residents admitted to the facility who are at least 18 years of age but less than 65 years of age. Under the pilot program, criminal history background checks required under this Act shall employ fingerprint-based criminal history record inquiries or comparably comprehensive name-based criminal history background checks. Fingerprint-based criminal history record inquiries shall be conducted pursuant to subsection (c-2) of Section 2-201.5. A Criminal History Report and an Identified Offender Report and Recommendation shall be completed pursuant to Section 2-201.6 if the results of the expanded criminal history background check reveal that a resident is an identified offender as defined in Section 1-114.01.
(d) If an expanded criminal history background check reveals that a resident is an identified offender as defined in Section 1-114.01, the facility shall be notified within 72 hours.
(e) The cost of the expanded criminal history background checks conducted pursuant to the pilot program shall not exceed $50 per resident and shall be paid by the facility. The Illinois State Police shall implement all potential measures to minimize the cost of the expanded criminal history background checks to the participating long term care facilities.
(f) The pilot program shall run for a period of one year after the effective date of this amendatory Act of the 96th General Assembly. Promptly after the end of that one-year period, the Department shall report the results of the pilot program to the General Assembly.
(Source: P.A. 102-538, eff. 8-20-21.)
210 ILCS 45/2-202
(210 ILCS 45/2-202)
(from Ch. 111 1/2, par. 4152-202)
(a) Before a person is admitted to a facility, or at the
expiration of the period of previous contract, or when the source of
payment for the resident's care changes from private to public funds or
from public to private funds, a written contract shall be executed between
a licensee and the following in order of priority:
(1) the person, or if the person is a minor, his
(2) the person's guardian, if any, or agent, if any,
as defined in Section 2-3 of the Illinois Power of Attorney Act; or
(3) a member of the person's immediate family.
An adult person shall be presumed to have the capacity to contract for
admission to a long term care facility unless he has been adjudicated a
"person with a disability" within the meaning of Section 11a-2 of the Probate Act
of 1975, or unless a petition for such an adjudication is pending in a
circuit court of Illinois.
If there is no guardian, agent or member of the person's immediate family
available, able or willing to execute the contract required by this Section
and a physician determines that a person is so disabled as to be unable
to consent to placement in a facility, or if a person has already been found
to be a "person with a disability", but no order has been entered allowing residential
placement of the person, that person may be admitted to a facility before
the execution of a contract required by this Section; provided that a petition
for guardianship or for modification of guardianship is filed within 15
days of the person's admission to a facility, and provided further that
such a contract is executed within 10 days of the disposition of the petition.
No adult shall be admitted to a facility if he objects, orally or in writing,
to such admission, except as otherwise provided in Chapters III
and IV of the Mental Health and Developmental Disabilities Code or Section
11a-14.1 of the Probate Act of 1975.
If a person has not executed a contract as required by this Section, then
such a contract shall be executed on or before July 1, 1981, or within 10
days after the disposition of a petition for guardianship or modification
of guardianship that was filed prior to July 1, 1981, whichever is later.
Before a licensee enters a contract under this Section, it shall
provide the prospective resident and his or her guardian, if any, with written
notice of the licensee's policy regarding discharge of a resident whose
private funds for payment of care are exhausted.
Before a licensee enters into a contract under this Section, it shall provide the resident or prospective resident and his or her guardian, if any, with a copy of the licensee's policy regarding the assignment of Social Security representative payee status as a condition of the contract when the resident's or prospective resident's care is being funded under Title XIX of the Social Security Act and Article V of the Illinois Public Aid Code.
(b) A resident shall not be discharged or transferred at the expiration
of the term of a contract, except as provided in Sections 3-401 through
(c) At the time of the resident's admission to the facility, a copy of
the contract shall be given to the resident, his guardian, if any, and any
other person who executed the contract.
(d) A copy of the contract for a resident who is supported by
nonpublic funds other than the resident's own funds shall be made
available to the person providing the funds for the resident's support.
(e) The original or a copy of the contract shall be maintained in the
facility and be made available upon request to representatives of the
Department and the Department of Healthcare and Family Services.
(f) The contract shall be written in clear and unambiguous language
and shall be printed in not less than 12-point type. The general form
of the contract shall be prescribed by the Department.
(g) The contract shall specify:
(1) the term of the contract;
(2) the services to be provided under the contract
and the charges for the services;
(3) the services that may be provided to supplement
the contract and the charges for the services;
(4) the sources liable for payments due under the
(5) the amount of deposit paid; and
(6) the rights, duties and obligations of the
resident, except that the specification of a resident's rights may be furnished on a separate document which complies with the requirements of Section 2-211.
(h) The contract shall designate the name of the resident's
representative, if any. The resident shall provide the facility with a copy
of the written agreement between the resident and the resident's representative
which authorizes the resident's representative to inspect and copy the
resident's records and authorizes the resident's representative to execute
the contract on behalf of the resident required by this Section.
(i) The contract shall provide that if the resident is
compelled by a change in physical or mental health to leave the
facility, the contract and all obligations under it shall terminate on 7
days notice. No prior notice of termination of the contract shall be
required, however, in the case of a resident's death. The contract shall also provide
that in all other situations, a
resident may terminate the contract and all obligations under it with 30
days notice. All charges shall be prorated as of the date on which the
contract terminates, and, if any payments have been made in advance, the
excess shall be refunded to the resident. This provision shall not apply
to life-care contracts through which a facility agrees to provide
maintenance and care for a resident throughout the remainder of his life
nor to continuing-care contracts through which a facility agrees to
supplement all available forms of financial support in providing
maintenance and care for a resident throughout the remainder of his life.
(j) In addition to all other contract specifications contained in this
Section admission contracts shall also specify:
(1) whether the facility accepts Medicaid clients;
(2) whether the facility requires a deposit of the
resident or his family prior to the establishment of Medicaid eligibility;
(3) in the event that a deposit is required, a clear
and concise statement of the procedure to be followed for the return of such deposit to the resident or the appropriate family member or guardian of the person;
(4) that all deposits made to a facility by a
resident, or on behalf of a resident, shall be returned by the facility within 30 days of the establishment of Medicaid eligibility, unless such deposits must be drawn upon or encumbered in accordance with Medicaid eligibility requirements established by the Department of Healthcare and Family Services.
(k) It shall be a business offense for a facility to knowingly and
intentionally both retain a resident's deposit and accept Medicaid
payments on behalf of that resident.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15.)
210 ILCS 45/2-203
(210 ILCS 45/2-203)
(from Ch. 111 1/2, par. 4152-203)
Each facility shall establish a residents' advisory council.
The administrator shall designate a member of the facility staff to coordinate
the establishment of, and render assistance to, the council.
(a) The composition of the residents' advisory council shall be specified
by Department regulation, but no employee or affiliate of a facility shall
be a member of any council.
(b) The council shall meet at least once each month with the staff coordinator
who shall provide assistance to the council in preparing and disseminating
a report of each meeting to all residents, the administrator, and the staff.
(c) Records of the council meetings will be maintained in the office of
(d) The residents' advisory council may communicate to the administrator
the opinions and concerns of the residents. The council shall review procedures
for implementing resident rights, facility responsibilities and make recommendations
for changes or additions which will strengthen the facility's policies and
procedures as they affect residents' rights and facility responsibilities.
(e) The council shall be a forum for:
(1) Obtaining and disseminating information;
(2) Soliciting and adopting recommendations for facility programing and improvements;
(3) Early identification and for recommending orderly resolution of problems.
(f) The council may present complaints as provided in Section 3-702 on
behalf of a resident to the Department, the Long-Term Care Facility Advisory
Board created by Section 2-204, or to any other person it considers appropriate.
(Source: P.A. 81-223.)
210 ILCS 45/2-204
(210 ILCS 45/2-204)
(from Ch. 111 1/2, par. 4152-204)
The Director shall appoint a Long-Term Care Facility Advisory
Board to consult with the Department and the residents' advisory councils
created under Section 2-203.
(a) The Board shall be comprised of the following persons:
(1) The Director who shall serve as chairman, ex
officio and nonvoting; and
(2) One representative each of the Department of
Healthcare and Family Services, the Department of Human Services, the Department on Aging, and the Office of the State Fire Marshal, all nonvoting members;
(2.5) One member who represents local health
departments who is a nonvoting member;
(3) One member who shall be a physician licensed to
practice medicine in all its branches;
(4) One member who shall be a registered nurse
selected from the recommendations of professional nursing associations;
(5) Four members who shall be selected from the
recommendations by organizations whose membership consists of facilities;
(6) Two members who shall represent the general
public who are not members of a residents' advisory council established under Section 2-203 and who have no responsibility for management or formation of policy or financial interest in a facility;
(7) One member who is a member of a residents'
advisory council established under Section 2-203 and is capable of actively participating on the Board; and
(8) One member who shall be selected from the
recommendations of consumer organizations which engage solely in advocacy or legal representation on behalf of residents and their immediate families.
(b) The terms of those members of the Board appointed prior to the
effective date of this amendatory Act of 1988 shall expire on December 31,
1988. Members of the Board created by this amendatory Act of 1988 shall be
appointed to serve for terms as follows: 3 for 2 years, 3 for 3 years
and 3 for 4 years. The member of the Board added by this amendatory Act
of 1989 shall be appointed to serve for a term of 4 years. Each successor
member shall be appointed for a term of 4 years. Any member appointed to fill
a vacancy occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the remainder of such term.
The Board shall meet as frequently as the chairman deems necessary, but not
less than 4 times each year. Upon request by 4 or more members the chairman
shall call a meeting of the Board. The affirmative vote of 6 members of the
Board shall be necessary for Board action. A member of the Board can designate
a replacement to serve at the Board meeting and vote in place of the member by
submitting a letter of designation to the chairman prior to or at the
Board meeting. The Board members shall be reimbursed for their actual
expenses incurred in the performance of their duties.
(c) The Advisory Board shall advise the Department of Public Health on
all aspects of its responsibilities under this Act and the Specialized Mental Health Rehabilitation Act of 2013, including the format
and content of any rules promulgated by the Department of Public Health.
Any such rules, except emergency rules promulgated pursuant to Section 5-45 of
the Illinois Administrative Procedure Act, promulgated without
obtaining the advice of the Advisory Board are null and void. In the event
that the Department fails to follow the advice of the Board, the Department
shall, prior to the promulgation of such rules, transmit a written explanation
of the reason thereof to the Board. During its review of rules, the Board
shall analyze the economic and regulatory impact of those rules. If the
Advisory Board, having been asked for its advice, fails to advise the
Department within 90 days, the rules shall be considered acted upon.
(Source: P.A. 102-432, eff. 8-20-21.)
210 ILCS 45/2-205
(210 ILCS 45/2-205)
(from Ch. 111 1/2, par. 4152-205)
The following information is subject to disclosure to
the public from the Department or the Department of Healthcare and Family Services:
(1) Information submitted under Sections 3-103 and
3-207 except information concerning the remuneration of personnel licensed, registered, or certified by the Department of Professional Regulation and monthly charges for an individual private resident;
(2) Records of license and certification inspections,
surveys, and evaluations of facilities, other reports of inspections, surveys, and evaluations of resident care, whether a facility has been designated a distressed facility, and the basis for the designation, and reports concerning a facility prepared pursuant to Titles XVIII and XIX of the Social Security Act, subject to the provisions of the Social Security Act;
(3) Cost and reimbursement reports submitted by a
facility under Section 3-208, reports of audits of facilities, and other public records concerning costs incurred by, revenues received by, and reimbursement of facilities; and
(4) Complaints filed against a facility and complaint
investigation reports, except that a complaint or complaint investigation report shall not be disclosed to a person other than the complainant or complainant's representative before it is disclosed to a facility under Section 3-702, and, further, except that a complainant or resident's name shall not be disclosed except under Section 3-702.
The Department shall disclose information under this Section in
accordance with provisions for inspection and copying of public records
required by the Freedom of Information Act.
However, the disclosure of information described in subsection (1) shall
not be restricted by any provision of the Freedom of Information Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.)
210 ILCS 45/2-206
(210 ILCS 45/2-206)
(from Ch. 111 1/2, par. 4152-206)
(a) The Department shall respect the confidentiality of a
resident's record and shall not divulge or disclose the contents of a
record in a manner which identifies a resident, except upon a resident's
death to a relative or guardian, or under judicial proceedings. This
Section shall not be construed to limit the right of a resident to inspect
or copy the resident's records.
(b) Confidential medical, social, personal, or financial information
identifying a resident shall not be available for public inspection in a
manner which identifies a resident.
(Source: P.A. 81-1349.)
210 ILCS 45/2-207
(210 ILCS 45/2-207)
(from Ch. 111 1/2, par. 4152-207)
(a) Each year the Department shall publish a Directory
for each public health region listing facilities to be made available to
the public and be available at all Department offices. The Department
may charge a fee for the Directory. The Directory shall contain, at a
minimum, the following information:
(1) The name and address of the facility;
(2) The number and type of licensed beds;
(3) The name of the cooperating hospital, if any;
(4) The name of the administrator;
(5) The facility telephone number; and
(6) Membership in a provider association and accreditation by any
(b) Detailed information concerning basic costs for care and
operating policies shall be available to the public upon request at each
facility. However, a facility may refuse to make available any proprietary
operating policies to the extent such facility reasonably believes such
policies may be revealed to a competitor.
(Source: P.A. 81-1349.)
210 ILCS 45/2-208
(210 ILCS 45/2-208)
(from Ch. 111 1/2, par. 4152-208)
A facility shall immediately notify the resident's next of
kin, representative and physician of the resident's death or when the resident's
death appears to be imminent.
(Source: P.A. 81-223.)
210 ILCS 45/2-209
(210 ILCS 45/2-209)
(from Ch. 111 1/2, par. 4152-209)
A facility shall admit only that number of residents for which
it is licensed.
(Source: P.A. 81-223.)
210 ILCS 45/2-210
(210 ILCS 45/2-210)
(from Ch. 111 1/2, par. 4152-210)
A facility shall establish written policies and procedures
to implement the responsibilities and rights provided in this Article.
The policies shall include the procedure for the investigation and resolution
of resident complaints as set forth under Section 3-702. The policies and
procedures shall be clear and unambiguous and
shall be available for inspection by any person. A summary of the policies
and procedures, printed in not less than 12 point type, shall be distributed
to each resident and representative.
(Source: P.A. 81-223.)
210 ILCS 45/2-211
(210 ILCS 45/2-211)
(from Ch. 111 1/2, par. 4152-211)
Each resident and resident's guardian or other person
acting for the resident shall be given a written explanation, prepared by
the Office of the State Long Term Care Ombudsman, of all the rights
enumerated in Part 1 of this Article and in Part 4 of Article III. For
residents of facilities participating in Title XVIII or XIX of the Social
Security Act, the explanation shall include an explanation of residents'
rights enumerated in that Act. The explanation shall be given at the time
of admission to a facility or as soon thereafter as the condition of the
resident permits, but in no event later than 48 hours after admission, and
again at least annually thereafter. At the time of the implementation of
this Act each resident shall be given a written summary of all the rights
enumerated in Part 1 of this Article.
If a resident is unable to read such written explanation, it shall be
read to the resident in a language the resident understands. In the case
of a minor or a person having a guardian or other person acting for him,
both the resident and the parent, guardian or other person acting for the
resident shall be fully informed of these rights.
(Source: P.A. 95-331, eff. 8-21-07.)
210 ILCS 45/2-212
(210 ILCS 45/2-212)
(from Ch. 111 1/2, par. 4152-212)
The facility shall ensure that its staff is familiar with
and observes the rights and responsibilities enumerated in this Article.
(Source: P.A. 81-223.)
210 ILCS 45/2-213
(210 ILCS 45/2-213)
(a) A facility shall annually administer or arrange for administration of a vaccination against influenza to
resident, in accordance with the recommendations of the Advisory Committee on
Immunization Practices of the Centers for Disease Control and Prevention that
recent to the time of vaccination, unless the vaccination is medically
the resident has refused the vaccine. Influenza vaccinations for all residents
age 65 and
over shall be completed by November 30 of each year or as soon as practicable
supplies are not available before November 1. Residents admitted after November
during the flu season, and until February 1 shall, as medically appropriate,
receive an influenza vaccination prior to or upon admission or as soon as
practicable if vaccine
supplies are not available at the time of the admission, unless the vaccine is
contraindicated or the resident has refused the vaccine. In the event that the
Committee on Immunization Practices of the Centers for Disease Control and
determines that dates of administration other than those stated in this Act are
protect the health of residents, the Department is authorized to develop rules
vaccinations at those times rather than the times stated in this Act. A
facility shall document in the resident's medical record that an annual
vaccination against influenza
was administered, arranged, refused or medically contraindicated.
(b) A facility shall administer or arrange for administration of a pneumococcal
vaccination to each resident, in accordance with the
recommendations of the Advisory Committee on Immunization Practices of the
for Disease Control and Prevention, who has not received this immunization
prior to or
upon admission to the facility, unless the resident refuses the offer for
vaccination or the
vaccination is medically contraindicated. A facility shall document in each
medical record that a vaccination against pneumococcal pneumonia was offered
and administered, arranged, refused, or medically contraindicated.
(c) All persons seeking admission to a nursing facility shall be verbally screened for risk factors associated with hepatitis B, hepatitis C, and the Human Immunodeficiency Virus (HIV) according to guidelines established by the U.S. Centers for Disease Control and Prevention. Persons who are identified as being at high risk for hepatitis B, hepatitis C, or HIV shall be offered an opportunity to undergo laboratory testing in order to determine infection status if they will be admitted to the nursing facility for at least 7 days and are not known to be infected with any of the listed viruses. All HIV testing shall be conducted in compliance with the AIDS Confidentiality Act. All persons determined to be susceptible to the hepatitis B virus shall be offered immunization within 10 days of admission to any nursing facility. A facility shall document in the resident's medical record that he or she was verbally screened for risk factors associated with hepatitis B, hepatitis C, and HIV, and whether or not the resident was immunized against hepatitis B. Nothing in this subsection (c) shall apply to a nursing facility licensed or regulated by the Illinois Department of Veterans' Affairs.
(d) A skilled nursing facility shall designate a person or persons as Infection Prevention and Control Professionals to develop and implement policies governing control of infections and communicable diseases. The Infection Prevention and Control Professionals shall be qualified through education, training, experience, or certification or a combination of such qualifications. The Infection Prevention and Control Professional's qualifications shall be documented and shall be made available for inspection by the Department.
(e) The Department shall provide facilities with educational information on all vaccines recommended by the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices, including, but not limited to, the risks associated with shingles and how to protect oneself against the varicella-zoster virus. A facility shall distribute the information to: (1) each resident who requests the information; and (2) each newly admitted resident. The facility may distribute the information to residents electronically.
(Source: P.A. 100-1042, eff. 1-1-19
210 ILCS 45/2-214
(210 ILCS 45/2-214)
Consumer Choice Information Reports.
(a) Every facility shall complete a Consumer Choice Information Report and shall file it with the Office of State Long Term Care Ombudsman electronically as prescribed by the Office. The Report shall be filed annually and upon request of the Office of State Long Term Care Ombudsman. The Consumer Choice Information Report must be completed by the facility in full.
(b) A violation of any of the provisions of this Section constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for the enforcement of this Section.
(c) The Department of Public Health shall include verification of the submission of a facility's current Consumer Choice Information Report when conducting an inspection pursuant to Section 3-212.
(Source: P.A. 95-823, eff. 1-1-09.)
210 ILCS 45/2-215
(210 ILCS 45/2-215)
Conflicts with the Department of Veterans' Affairs Act.
there is a conflict between the provisions of this Act and the provisions of
Department of Veterans' Affairs Act concerning an Illinois Veterans Home not
operated by the Department of Veterans' Affairs, then the provisions of this
Act shall apply.
(Source: P.A. 100-143, eff. 1-1-18