Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide
Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
HEALTH FACILITIES AND REGULATION210 ILCS 45/Art. III Pt. 1
(210 ILCS 45/) Nursing Home Care Act.
(210 ILCS 45/Art. III Pt. 1 heading)
210 ILCS 45/3-101
(210 ILCS 45/3-101)
(from Ch. 111 1/2, par. 4153-101)
The Department shall establish a comprehensive system of
licensure for facilities in accordance with this Act for the purposes of:
(1) Protecting the health, welfare, and safety of residents; and
(2) Assuring the accountability for reimbursed care provided in certified
facilities participating in a federal or State health program.
(Source: P.A. 83-1530.)
210 ILCS 45/3-101.5
(210 ILCS 45/3-101.5)
Illinois Veterans Homes.
An Illinois Veterans Home licensed under this Act and operated by the Illinois Department of Veterans' Affairs is exempt from the license fee provisions of Section 3-103 of this Act and the provisions of Sections 3-104 through 3-106, 3-202.5, 3-208, 3-302, 3-303, and 3-503 through 3-517 of this Act. A monitor or receiver shall be placed in an Illinois Veterans Home only by court order or by agreement between the Director of Public Health, the Director of Veterans' Affairs, and the Secretary of the United States Department of Veterans Affairs.
(Source: P.A. 99-314, eff. 8-7-15.)
210 ILCS 45/3-102
(210 ILCS 45/3-102)
(from Ch. 111 1/2, par. 4153-102)
No person may establish, operate, maintain, offer or advertise
a facility within this State unless and until he obtains a valid license
therefor as hereinafter provided, which license remains unsuspended, unrevoked
and unexpired. No public official or employee may place any person in,
or recommend that any person be placed in, or directly or indirectly cause
any person to be placed in any facility which is being operated without a valid license.
(Source: P.A. 81-223.)
210 ILCS 45/3-102.1
(210 ILCS 45/3-102.1)
(from Ch. 111 1/2, par. 4153-102.1)
If the Department is denied access to a private home,
institution, building, residence or any other place which it reasonably
believes is required to be licensed as a facility under this Act, it shall
request intervention of local, county or State law enforcement agencies to
seek an appropriate court order or warrant to examine or interview the
residents of such private home, institution, building, residence or place.
Any person or entity preventing the Department from carrying out its duties
under this Section shall be guilty of a violation of this Act and shall be
subject to such penalties related thereto.
(Source: P.A. 83-1530.)
210 ILCS 45/3-102.2
(210 ILCS 45/3-102.2)
Supported congregate living arrangement demonstration.
Illinois Department may grant no more than 3 waivers from the requirements of
this Act for facilities participating in the supported
congregate living arrangement demonstration. A joint waiver request must be
made by an applicant and the Department on Aging. If the Department on Aging
does not act upon an application within 60 days, the applicant may submit a
written waiver request on its own behalf. The waiver request must include a
specific program plan describing the types of residents to be served and the
services that will be provided in the facility. The Department shall conduct
an on-site review at each facility annually or as often as necessary to
ascertain compliance with the program plan, except that, during a statewide public health emergency, as defined in the Illinois Emergency Management Agency Act, the Department shall conduct on-site reviews and annual unannounced on-site visits to the extent feasible. The Department may revoke the
waiver if it determines that the facility is not in compliance with the program
plan. Nothing in this Section prohibits the Department from conducting
A facility granted a waiver under this Section is not subject to the
Health Facilities Planning Act, unless it subsequently
applies for a
of need to convert to a nursing facility. A facility applying for conversion
shall meet the licensure and
certificate of need requirements in effect as of the date of application, and
this provision may not be waived.
(Source: P.A. 103-1, eff. 4-27-23.)
210 ILCS 45/3-102.3
(210 ILCS 45/3-102.3)
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
(2) communicate regularly with the Department of
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.
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
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;
(2) authorization and inclusion of specific protocols
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;
(3) a mechanism for residents of the facility or the
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);
(4) specific administrative policies, procedures, and
(A) the acquisition, maintenance, and replacement
of assistive and supportive technology and devices;
(B) the use of environmental barriers and other
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
(C) the regular cleaning of the assistive and
supportive technology and devices acquired pursuant to subparagraph (A) and any environmental barriers or other physical controls used in association therewith;
(5) a requirement that (i) upon admission and (ii) at
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;
(6) a requirement that appropriate staff, upon the
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:
(A) address the need for a virtual visitation
schedule and establish a virtual visitation schedule if deemed to be appropriate;
(B) identify the assessed needs and preferences
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;
(C) document the long-term care facility's
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;
(D) describe the location within the facility and
assistive and supportive technology and devices to be used in virtual visitation; and
(E) describe the respective
responsibilities of staff, visitors, and the resident when engaging in virtual visitation pursuant to the individualized visitation plan;
(7) a requirement (i) upon admission and (ii) at the
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;
(8) a requirement (i) upon admission and (ii) at the
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;
(9) specific policies, protocols, and procedures
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
(10) the designation of at least one member of the
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).
(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.)
210 ILCS 45/3-103
(210 ILCS 45/3-103)
(from Ch. 111 1/2, par. 4153-103)
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.
(2) All license applications shall be accompanied
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:
(a) The name and address of the applicant if an
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;
(b) The name and location of the facility for
which a license is sought;
(c) The name of the person or persons under whose
management or supervision the facility will be conducted;
(d) The number and type of residents for which
maintenance, personal care, or nursing is to be provided; and
(e) Such information relating to the number,
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.
(3) Each initial application shall be accompanied by
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.
(4) Other information necessary to determine the
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.
(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.)
210 ILCS 45/3-104
(210 ILCS 45/3-104)
(from Ch. 111 1/2, par. 4153-104)
Any city, village or incorporated town may by ordinance
provide for the licensing and regulation of a facility or any
classification of such facility, as defined herein, within such
municipality, provided that the ordinance requires compliance with at
least the minimum requirements established by the Department under this
Act. The licensing and enforcement provisions of the municipality shall
fully comply with this Act, and the municipality shall make available
information as required by this Act. Such compliance shall be
determined by the Department subject to review as provided in Section
3-703. Section 3-703 shall also be applicable to the judicial review of
final administrative decisions of the municipality under this Act.
(Source: P.A. 81-1349.)
210 ILCS 45/3-105
(210 ILCS 45/3-105)
(from Ch. 111 1/2, par. 4153-105)
Any city, village or incorporated town which has or may have
ordinances requiring the licensing and regulation of facilities with
at least the minimum
standards established by the Department under this Act, shall make such
periodic reports to the Department as the Department deems necessary. This
report shall include a list of those facilities licensed by such municipality,
the number of beds of each facility and the date the license of each facility
(Source: P.A. 81-223.)
210 ILCS 45/3-106
(210 ILCS 45/3-106)
(from Ch. 111 1/2, par. 4153-106)
(a) Upon receipt of notice and proof from an applicant or
licensee that he has received a license or renewal thereof from a city,
village or incorporated town, accompanied by the required license or renewal
fees, the Department shall
issue a license or renewal license to such person. The Department shall
not issue a license hereunder to any person who has failed to qualify for
a municipal license. If the issuance of a license by the
Department antedates regulatory action by a municipality, the municipality
shall issue a local license unless the standards and requirements under
its ordinance or resolution are greater than those prescribed under this Act.
(b) In the event that the standards and requirements under the ordinance
or resolution of the municipality are greater than those prescribed under
this Act, the license issued by the Department shall remain in effect pending
reasonable opportunity provided by the municipality, which shall be not
less than 60 days, for the licensee to comply with the local requirements.
Upon notice by the municipality, or upon the Department's own determination
that the licensee has failed to qualify for a local license, the Department
shall revoke such license.
(Source: P.A. 81-223.)
210 ILCS 45/3-107
(210 ILCS 45/3-107)
(from Ch. 111 1/2, par. 4153-107)
The Department and the city, village or incorporated town shall
have the right at any time to visit and inspect the premises and personnel
of any facility for the purpose of determining whether the applicant or
licensee is in compliance with this Act or with the local ordinances which
govern the regulation of the facility. The Department may survey any former
facility which once held a license to ensure that the facility is not again
operating without a license. Municipalities may charge a reasonable license
or renewal fee for the regulation of facilities, which fees shall be in
addition to the fees paid to the Department.
(Source: P.A. 81-223.)
210 ILCS 45/3-107.1
(210 ILCS 45/3-107.1)
(from Ch. 111 1/2, par. 4153-107.1)
Notwithstanding any other provision of this Act, the Attorney
General, the State's Attorneys and various law enforcement agencies of
this State and its political subdivisions shall have full and open access
to any facility pursuant to Article 108 of the Code of Criminal Procedure
of 1963 in the exercise of their investigatory and prosecutorial
powers in the enforcement of the criminal laws of this State. Furthermore,
the Attorney General, the State's Attorneys and law enforcement agencies
of this State shall inform the Department of any violations of this Act of
which they have knowledge. Disclosure of matters before a grand jury shall
be made in accordance with Section 112-6 of the Code of Criminal Procedure of 1963.
(Source: P.A. 83-1530.)
210 ILCS 45/3-108
(210 ILCS 45/3-108)
(from Ch. 111 1/2, par. 4153-108)
The Department shall coordinate the functions within State
government affecting facilities licensed under this Act and shall cooperate
with other State agencies which establish standards or requirements for
facilities to assure necessary, equitable, and consistent State supervision
of licensees without unnecessary duplication of survey, evaluation, and
consultation services or complaint investigations. The Department shall
cooperate with the Department of Human Services in regard to facilities
containing more than 20%
of residents for whom the Department of Human Services has mandated
follow-up responsibilities under the Mental Health and Developmental
The Department shall cooperate with the Department of Healthcare and Family Services in regard
to facilities where recipients of public aid are residents.
The Department shall immediately refer to the Department of Professional
Regulation for investigation any credible evidence of which it has knowledge
that an individual licensed by that Department has violated this Act or any
rule issued under this Act.
The Department shall enter into agreements with other State Departments,
agencies or commissions to effectuate the purpose of this Section.
(Source: P.A. 95-331, eff. 8-21-07.)
210 ILCS 45/3-108a
(210 ILCS 45/3-108a)
(Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 91-798, eff. 7-9-00.)
210 ILCS 45/3-109
(210 ILCS 45/3-109)
(from Ch. 111 1/2, par. 4153-109)
Upon receipt and review of an application for a license
made under this Article and inspection of the applicant facility under
this Article, the Director shall issue a license if he finds:
(1) that the individual applicant, or the
corporation, partnership or other entity if the applicant is not an individual, is a person responsible and suitable to operate or to direct or participate in the operation of a facility by virtue of financial capacity, appropriate business or professional experience, a record of compliance with lawful orders of the Department and lack of revocation of a license during the previous 5 years;
(2) that the facility is under the supervision of an
administrator who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act, as now or hereafter amended; and
(3) that the facility is in substantial compliance
with this Act, and such other requirements for a license as the Department by rule may establish under this Act.
(Source: P.A. 95-331, eff. 8-21-07.)
210 ILCS 45/3-110
(210 ILCS 45/3-110)
(from Ch. 111 1/2, par. 4153-110)
(a) Any license granted by the Director shall state the
bed capacity for which it is granted, the date the license was issued,
and the expiration date. Except as provided in subsection (b), such
licenses shall normally be issued for a
period of one year. However, the Director may issue licenses or renewals
for periods of not less than 6 months nor more than 18 months for
facilities with annual licenses and not less than 18 months nor more than
30 months for facilities with 2-year licenses in order to
distribute the expiration dates of such licenses throughout the calendar
year, and fees for such licenses shall be prorated on the basis of the
portion of a year for which they are issued. Each license shall be issued
only for the premises and persons named in the application and shall not be
transferable or assignable.
The Department shall require the licensee to comply with the requirements
of a court order issued under Section 3-515, as a condition of licensing.
(b) A license for a period of 2 years shall be issued to a
facility if the facility:
(1) has not received a Type A violation within the
(2) has not received a Type B violation within the
(3) has not had an inspection, survey, or evaluation
that resulted in the issuance of 10 or more administrative warnings in the last 24 months;
(4) has not had an inspection, survey, or evaluation
that resulted in an administrative warning issued for a violation of Sections 3-401 through 3-413 in the last 24 months;
(5) has not been issued an order to reimburse a
resident for a violation of Article II under subsection (6) of Section 3-305 in the last 24 months; and
(6) has not been subject to sanctions or
decertification for violations in relation to patient care of a facility under Titles XVIII and XIX of the federal Social Security Act within the last 24 months.
If a facility with a 2-year license fails to meet the conditions
in items (1) through (6) of this subsection, in
addition to any other sanctions that may be applied by the Department
under this Act, the facility's 2-year license shall be replaced by a
one-year license until such time as the facility again meets the conditions in
items (1) through (6) of this subsection.
(Source: P.A. 87-549; 87-1102.)
210 ILCS 45/3-111
(210 ILCS 45/3-111)
(from Ch. 111 1/2, par. 4153-111)
The issuance or renewal of a license after notice of a violation
has been sent shall not constitute a waiver by the Department of its power
to rely on the violation as the basis for subsequent license revocation
or other enforcement action under this Act arising out of the notice of violation.
(Source: P.A. 81-223.)
210 ILCS 45/3-112
(210 ILCS 45/3-112)
(from Ch. 111 1/2, par. 4153-112)
(a) Whenever ownership of a facility is transferred from the
person named in the license to any other person, the transferee must obtain
a new probationary license. The transferee shall notify the Department of
the transfer and apply for a new license at least 30 days prior to final transfer.
(b) The transferor shall notify the Department at least 30 days prior
to final transfer. The transferor shall remain responsible for the operation
of the facility until such time as a license is issued to the transferee.
(Source: P.A. 98-756, eff. 7-16-14.)
210 ILCS 45/3-113
(210 ILCS 45/3-113)
(from Ch. 111 1/2, par. 4153-113)
The license granted to the transferee shall be subject to
the plan of correction submitted by the previous owner and approved by the
Department and any conditions contained in a conditional license issued
to the previous owner. If there are outstanding violations and no approved
plan of correction has been implemented, the Department may issue a conditional
license and plan of correction as provided in Sections 3-311
through 3-317. The license granted to a transferee for a facility that is in receivership shall be subject to any contractual obligations assumed by a grantee under the Equity in Long-term Care Quality Act and to the plan submitted by the receiver for continuing and increasing adherence to best practices in providing high-quality nursing home care, unless the grant is repaid, under conditions to be determined by rule by the Department in its administration of the Equity in Long-term Care Quality Act.
(Source: P.A. 96-1372, eff. 7-29-10.)
210 ILCS 45/3-114
(210 ILCS 45/3-114)
(from Ch. 111 1/2, par. 4153-114)
The transferor shall remain liable for all penalties assessed
against the facility which are imposed for violations occurring prior to
transfer of ownership.
(Source: P.A. 81-223.)
210 ILCS 45/3-115
(210 ILCS 45/3-115)
(from Ch. 111 1/2, par. 4153-115)
License renewal application.
At least 120 days but not more
than 150 days prior to license
expiration, the licensee shall submit an application
for renewal of the license in such form and containing such information
as the Department requires. If the application is approved, the license
shall be renewed in accordance with Section 3-110 at the request of the licensee.
The renewal application for a sheltered care or long-term care facility shall
approved unless the applicant has provided to the Department an accurate
disclosure document in accordance with the Alzheimer's Disease and Related Dementias Special Care
If application for renewal
is not timely filed, the Department shall so inform the licensee.
(Source: P.A. 96-990, eff. 7-2-10; 96-1275, eff. 7-26-10; 97-333, eff. 8-12-11.)
210 ILCS 45/3-116
(210 ILCS 45/3-116)
(from Ch. 111 1/2, par. 4153-116)
If the applicant has not been previously licensed or if the
facility is not in operation at the time application is made, the Department
shall issue only a probationary license. A probationary license shall be
valid for 120 days unless sooner suspended or revoked under Section 3-119.
Within 30 days prior to the termination of a probationary license, the Department
shall fully and completely inspect the facility and, if the facility meets
the applicable requirements for licensure, shall issue a license under Section
3-109, except that, during a statewide public health emergency, as defined in the Illinois Emergency Management Agency Act, the Department shall fully and completely inspect the establishment within appropriate time frames to the extent feasible. If the Department finds that the facility does not meet the requirements
for licensure but has made substantial progress toward meeting those requirements,
the license may be renewed once for a period not to exceed 120 days from
the expiration date of the initial probationary license.
(Source: P.A. 103-1, eff. 4-27-23.)
210 ILCS 45/3-117
(210 ILCS 45/3-117)
(from Ch. 111 1/2, par. 4153-117)
An application for a license may be denied for any of the
(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.
(2) Conviction of the applicant, or if the applicant
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.
(3) Personnel insufficient in number or unqualified
by training or experience to properly care for the proposed number and type of residents.
(4) Insufficient financial or other resources to
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.
(5) Revocation of a facility license during the
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.
(6) That the facility is not under the direct
supervision of a full-time administrator, as defined by regulation, who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act.
(7) That the facility is in receivership and the
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.
(Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.)
210 ILCS 45/3-118
(210 ILCS 45/3-118)
(from Ch. 111 1/2, par. 4153-118)
Immediately upon the denial of any application or reapplication
for a license under this Article, the Department shall notify the applicant
in writing. Notice of denial shall include a clear and concise statement
of the violations of Section 3-117 on which denial is based and notice of
the opportunity for a hearing under Section 3-703. If the applicant desires
to contest the denial of a license, it shall provide written notice to the
Department of a request for a hearing within 10 days after receipt of the
notice of denial. The Department shall commence the hearing under Section 3-703.
(Source: P.A. 81-223.)
210 ILCS 45/3-119
(210 ILCS 45/3-119)
(from Ch. 111 1/2, par. 4153-119)
(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:
(A) termination of Medicare or Medicaid
certification by the Centers for Medicare and Medicaid Services; or
(B) a failure by the facility to pay any fine
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.
(2) Conviction of the licensee, 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.
(3) Personnel is insufficient in number or
unqualified by training or experience to properly care for the number and type of residents served by the facility.
(4) Financial or other resources are insufficient to
conduct and operate the facility in accordance with standards promulgated by the Department under this Act.
(5) The facility is not under the direct supervision
of a full-time administrator, as defined by regulation, who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act.
(6) The facility has committed 2 Type "AA" violations
(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,
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.
(2) Until otherwise ordered by the circuit court,
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).
(3) The Department may extend the effective date of
license revocation or expiration in any case in order to permit orderly removal and relocation of residents.
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.)
210 ILCS 45/3-120
(210 ILCS 45/3-120)
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.
(2) Development of an individualized treatment and
behavior management plan for each resident to reduce overall and specific risks.
(3) Room selection and appropriateness of roommate
(4) Protection of residents, employees, and members
of the public from aggression by residents.
(5) Supervision and monitoring.
(6) Staffing levels.
(7) Quality assurance and improvement.
(8) Staff training, conducted during orientation and
periodically thereafter, specific to each job description covering the following topics as appropriate:
(A) The violence escalation cycle.
(B) Violence predicting factors.
(C) Obtaining a history from a resident with a
history of violent behavior.
(D) Verbal and physical techniques to de-escalate
and minimize violent behavior.
(E) Strategies to avoid physical harm.
(F) Containment techniques, as permitted and
(G) Appropriate treatment to reduce violent
(H) Documenting and reporting incidents of
(I) The process whereby employees affected by a
violent act may be debriefed or calmed down and the tension of the situation may be reduced.
(J) Any resources available to employees for
(K) Any other topic deemed appropriate based on
job description and the needs of this population.
(9) Elimination or reduction of environmental factors
that affect resident safety.
(10) Periodic independent reassessment of the
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.
(11) A definition of a "person with high risk of
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.
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.)