(210 ILCS 45/3-102.3) Sec. 3-102.3. Religious and recreational activities; social isolation. (a) In this Section: "Assistive and supportive technology and devices" means computers, video conferencing equipment, distance based communication technology, or other technological equipment, accessories, or electronic licenses as may be necessary to ensure that residents are able to engage in face-to-face, verbal-based, or auditory-based contact, communication, religious activity, or recreational activity with other facility residents and with family members, friends, loved ones, caregivers, and other external support systems, through electronic means, in accordance with the provisions of paragraphs (2) and (3) of subsection (c). "Religious and recreational activities" includes any religious, social, or recreational activity that is consistent with a resident's preferences and choosing, regardless of whether the activity is coordinated, offered, provided, or sponsored by facility staff or by an outside activities provider. "Resident's representative" has the same meaning as provided in Section 1-123. "Social isolation" means a state of isolation wherein a resident of a long-term care facility is unable to engage in social interactions and religious and recreational activities with other facility residents or with family members, friends, loved ones, caregivers and external support systems. "Virtual visitation" means the use of face-to-face, verbal-based, or auditory-based contact through electronic means. (b) The Department shall: (1) require each long-term care facility in the State |
| to adopt and implement written policies, provide for the availability of assistive and supportive technology and devices to facility residents, and ensure that appropriate staff are in place to help prevent the social isolation of facility residents; and
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(2) communicate regularly with the Department of
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| Healthcare and Family Services and the Department on Aging regarding intergovernmental cooperation concerning best practices for potential funding for facilities to mitigate the potential for racial disparities as an unintended consequence of this Act.
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The virtual visitation policies shall not be interpreted as a substitute for in-person visitation, but shall be wholly in addition to existing in-person visitation policies.
(c) The social isolation prevention policies adopted by each long-term care facility pursuant to subsection (b) shall be consistent with rights and privileges guaranteed to residents and constraints provided under Sections 2-108, 2-109, and 2-110 and shall include the following:
(1) authorization and inclusion of specific protocols
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| and procedures to encourage and enable residents of the facility to engage in in-person contact, communication, religious activity, and recreational activity with other facility residents and with family members, friends, loved ones, caregivers, and other external support systems, except when prohibited, restricted, or limited by federal or State statute, rule, regulation, executive order, or guidance;
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(2) authorization and inclusion of specific protocols
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| and procedures to encourage and enable residents to engage in face-to-face, verbal-based, or auditory-based contact, communication, religious activity, and recreational activity with other facility residents and with family members, friends, loved ones, caregivers, and other external support systems through the use of electronic or virtual means and methods, including, but not limited to, computer technology, the Internet, social media, videoconferencing, videophone, and other innovative technological means or methods, whenever the resident is subject to restrictions that limit his or her ability to engage in in-person contact, communication, religious activity, or recreational activity as authorized by paragraph (1) and when the technology requested is not being used by other residents in the event of a limited number of items of technology in a facility;
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(3) a mechanism for residents of the facility or the
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| residents' representatives to request access to assistive and supportive technology and devices as may be necessary to facilitate the residents' engagement in face-to-face, verbal-based, or auditory-based contact, communication, religious activity, and recreational activity with other residents, family members, friends, and other external support systems, through electronic means, as provided by paragraph (2);
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(4) specific administrative policies, procedures, and
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(A) the acquisition, maintenance, and replacement
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| of assistive and supportive technology and devices;
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(B) the use of environmental barriers and other
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| controls when the assistive and supportive technology and devices acquired pursuant to subparagraph (A) are in use, especially in cases where the assistive and supportive technology and devices are likely to become contaminated with bodily substances, are touched frequently, or are difficult to clean; and
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(C) the regular cleaning of the assistive and
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| supportive technology and devices acquired pursuant to subparagraph (A) and any environmental barriers or other physical controls used in association therewith;
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(5) a requirement that (i) upon admission and (ii) at
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| the request of a resident or the resident's representative, appropriate staff shall develop and update an individualized virtual visitation schedule while taking into account the individual's requests and preferences with respect to the residents' participation in social interactions and religious and recreational activities;
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(6) a requirement that appropriate staff, upon the
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| request of a resident or the resident's family members, guardian, or representative, shall develop an individualized virtual visitation schedule for the resident, which shall:
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(A) address the need for a virtual visitation
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| schedule and establish a virtual visitation schedule if deemed to be appropriate;
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(B) identify the assessed needs and preferences
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| of the resident and any preferences specified by the resident's representative, unless a preference specified by the resident conflicts with a preference specified by the resident's representative, in which case the resident's preference shall take priority;
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(C) document the long-term care facility's
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| defined virtual hours of visitation and inform the resident and the resident's representative that virtual visitation pursuant to paragraph (2) of subsection (c) will adhere to the defined visitation hours;
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(D) describe the location within the facility and
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| assistive and supportive technology and devices to be used in virtual visitation; and
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(E) describe the respective
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| responsibilities of staff, visitors, and the resident when engaging in virtual visitation pursuant to the individualized visitation plan;
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(7) a requirement (i) upon admission and (ii) at the
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| request of the resident or the resident's representative, to provide notification to the resident and the resident's representative that they have the right to request of facility staff the creation and review of a resident's individualized virtual visitation schedule;
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(8) a requirement (i) upon admission and (ii) at the
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| request of the resident or resident's representative, to provide, in writing to the resident or resident's representative, virtual visitation hours, how to schedule a virtual visitation, and how to request assistive and supportive technology and devices;
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(9) specific policies, protocols, and procedures
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| governing a resident's requisition, use, and return of assistive and supportive technology and devices maintained pursuant to subparagraph (A) of paragraph (4), and require appropriate staff to communicate those policies, protocols, and procedures to residents; and
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(10) the designation of at least one member of the
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| therapeutic recreation or activities department, or, if the facility does not have such a department, the designation of at least one senior staff member, as determined by facility management, to train other appropriate facility employees, including, but not limited to, activities professionals and volunteers, social workers, occupational therapists, and therapy assistants, to provide direct assistance to residents upon request and on an as-needed basis, as necessary to ensure that each resident is able to successfully access and use, for the purposes specified in paragraphs (2) and (3) of this subsection, the assistive and supportive technology and devices acquired pursuant to subparagraph (A) of paragraph (4).
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(d) A long-term care facility may apply to the Department for civil monetary
penalty fund grants for assistive and supportive technology and devices and may request other available federal
and State funds.
(e) The Department shall determine whether a long-term
care facility is in compliance with the provisions of this
Section and the policies, protocols, and procedures adopted
pursuant to this Section in accordance with the Nursing Home Care Act for surveys and inspections.
In addition to any other applicable penalties provided by law, a long-term care facility that fails to comply with the provisions of this Section or properly implement the policies, protocols, and procedures adopted pursuant to subsection (b) shall be liable to pay an administrative penalty as a Type "C" violation, the amount of which shall be determined in accordance with a schedule established by the Department by rule. The schedule shall provide for an enhanced administrative penalty in the case of a repeat or ongoing violation. Implementation of an administrative penalty as a Type "C" violation under this subsection shall not be imposed prior to January 1, 2023.
(f) Whenever a complaint received by the Office of State Long Term Care Ombudsman discloses evidence that a long-term care facility has failed to comply with the provisions of this Section or to properly implement the policies, protocols, and procedures adopted pursuant to subsection (b), the Office of State Long Term Care Ombudsman shall refer the matter to the Department.
(g) This Section does not impact, limit, or constrict a resident's right to or usage of his or her personal property or electronic monitoring under Section 2-115.
(h) Specific protocols and procedures shall be developed to
ensure that the quantity of assistive and supportive technology and devices maintained on-site at the facility remains sufficient, at all times, to meet the assessed social and activity needs and preferences of each facility resident. Residents' family members or caregivers should be considered, as appropriate, in the assessment and reassessment.
(i) Within 60 days after the effective date of this amendatory Act of the 102nd General Assembly, the Department shall file rules necessary to implement the provisions of this Section. The rules shall include, but need not be limited to, minimum standards for the social isolation prevention policies to be adopted pursuant to subsection (b), a penalty schedule to be used pursuant to subsection (e), and policies
regarding a long-term care facility's Internet access and
subsequent Internet barriers in relation to a resident's
virtual visitation plan pursuant to paragraph (2) of subsection (c).
(j) The Department's rules under subsection (i) shall take into account Internet bandwidth limitations outside of the control of a long-term care facility.
(k) Nothing in this Section shall be interpreted to mean that addressing the issues of social isolation shall take precedence over providing for the health and safety of the residents.
(Source: P.A. 102-640, eff. 8-27-21.)
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(210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103)
Sec. 3-103. The procedure for obtaining a valid license shall be as follows:
(1) Application to operate a facility shall be made |
| to the Department on forms furnished by the Department.
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(2) All license applications shall be accompanied
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| with an application fee. The fee for an annual license shall be $1,990. Facilities that pay a fee or assessment pursuant to Article V-C of the Illinois Public Aid Code shall be exempt from the license fee imposed under this item (2). The fee for a 2-year license shall be double the fee for the annual license. The fees collected shall be deposited with the State Treasurer into the Long Term Care Monitor/Receiver Fund, which has been created as a special fund in the State treasury. This special fund is to be used by the Department for expenses related to the appointment of monitors and receivers as contained in Sections 3-501 through 3-517 of this Act, for the enforcement of this Act, for expenses related to surveyor development, and for implementation of the Abuse Prevention Review Team Act. All federal moneys received as a result of expenditures from the Fund shall be deposited into the Fund. The Department may reduce or waive a penalty pursuant to Section 3-308 only if that action will not threaten the ability of the Department to meet the expenses required to be met by the Long Term Care Monitor/Receiver Fund. The application shall be under oath and the submission of false or misleading information shall be a Class A misdemeanor. The application shall contain the following information:
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(a) The name and address of the applicant if an
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| individual, and if a firm, partnership, or association, of every member thereof, and in the case of a corporation, the name and address thereof and of its officers and its registered agent, and in the case of a unit of local government, the name and address of its chief executive officer;
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(b) The name and location of the facility for
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| which a license is sought;
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(c) The name of the person or persons under whose
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| management or supervision the facility will be conducted;
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(d) The number and type of residents for which
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| maintenance, personal care, or nursing is to be provided; and
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(e) Such information relating to the number,
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| experience, and training of the employees of the facility, any management agreements for the operation of the facility, and of the moral character of the applicant and employees as the Department may deem necessary.
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(3) Each initial application shall be accompanied by
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| a financial statement setting forth the financial condition of the applicant and by a statement from the unit of local government having zoning jurisdiction over the facility's location stating that the location of the facility is not in violation of a zoning ordinance. An initial application for a new facility shall be accompanied by a permit as required by the "Illinois Health Facilities Planning Act". After the application is approved, the applicant shall advise the Department every 6 months of any changes in the information originally provided in the application.
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(4) Other information necessary to determine the
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| identity and qualifications of an applicant to operate a facility in accordance with this Act shall be included in the application as required by the Department in regulations.
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(Source: P.A. 96-758, eff. 8-25-09; 96-1372, eff. 7-29-10; 96-1504, eff. 1-27-11; 96-1530, eff. 2-16-11; 97-489, eff. 1-1-12.)
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(210 ILCS 45/3-117) (from Ch. 111 1/2, par. 4153-117) Sec. 3-117. An application for a license may be denied for any of the
following reasons: (1) Failure to meet any of the minimum standards set |
| forth by this Act or by rules and regulations promulgated by the Department under this Act.
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(2) Conviction of the applicant, or if the applicant
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| is a firm, partnership or association, of any of its members, or if a corporation, the conviction of the corporation or any of its officers or stockholders, or of the person designated to manage or supervise the facility, of a felony, or of 2 or more misdemeanors involving moral turpitude, during the previous 5 years as shown by a certified copy of the record of the court of conviction.
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(3) Personnel insufficient in number or unqualified
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| by training or experience to properly care for the proposed number and type of residents.
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(4) Insufficient financial or other resources to
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| operate and conduct the facility in accordance with standards promulgated by the Department under this Act and with contractual obligations assumed by a recipient of a grant under the Equity in Long-term Care Quality Act and the plan (if applicable) submitted by a grantee for continuing and increasing adherence to best practices in providing high-quality nursing home care.
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(5) Revocation of a facility license during the
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| previous 5 years, if such prior license was issued to the individual applicant, a controlling owner or controlling combination of owners of the applicant; or any affiliate of the individual applicant or controlling owner of the applicant and such individual applicant, controlling owner of the applicant or affiliate of the applicant was a controlling owner of the prior license; provided, however, that the denial of an application for a license pursuant to this subsection must be supported by evidence that such prior revocation renders the applicant unqualified or incapable of meeting or maintaining a facility in accordance with the standards and rules promulgated by the Department under this Act.
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(6) That the facility is not under the direct
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| supervision of a full-time administrator, as defined by regulation, who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act.
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(7) That the facility is in receivership and the
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| proposed licensee has not submitted a specific detailed plan to bring the facility into compliance with the requirements of this Act and with federal certification requirements, if the facility is certified, and to keep the facility in such compliance.
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(Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.)
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(210 ILCS 45/3-119) (from Ch. 111 1/2, par. 4153-119)
Sec. 3-119. (a) The Department, after notice to the applicant or
licensee, may suspend, revoke or refuse to renew a license in any case
in which the Department finds any of the following:
(1) There has been a substantial failure to comply |
| with this Act or the rules and regulations promulgated by the Department under this Act. A substantial failure by a facility shall include, but not be limited to, any of the following:
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(A) termination of Medicare or Medicaid
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| certification by the Centers for Medicare and Medicaid Services; or
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(B) a failure by the facility to pay any fine
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| assessed under this Act after the Department has sent to the facility at least 2 notices of assessment that include a schedule of payments as determined by the Department, taking into account extenuating circumstances and financial hardships of the facility.
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(2) Conviction of the licensee, or of the person
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| designated to manage or supervise the facility, of a felony, or of 2 or more misdemeanors involving moral turpitude, during the previous 5 years as shown by a certified copy of the record of the court of conviction.
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(3) Personnel is insufficient in number or
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| unqualified by training or experience to properly care for the number and type of residents served by the facility.
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(4) Financial or other resources are insufficient to
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| conduct and operate the facility in accordance with standards promulgated by the Department under this Act.
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(5) The facility is not under the direct supervision
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| of a full-time administrator, as defined by regulation, who is licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act.
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(6) The facility has committed 2 Type "AA" violations
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(b) Notice under this Section shall include a clear and concise
statement of the violations on which the nonrenewal or revocation is
based, the statute or rule violated and notice of the opportunity for a
hearing under Section 3-703.
(c) If a facility desires to contest the nonrenewal or revocation of
a license, the facility shall, within 10 days after receipt of notice
under subsection (b) of this Section, notify the Department in writing
of its request for a hearing under Section 3-703. Upon receipt of the
request the Department shall send notice to the facility and hold a
hearing as provided under Section 3-703.
(d) The effective date of nonrenewal or revocation of a license by
the Department shall be any of the following:
(1) Until otherwise ordered by the circuit court,
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| revocation is effective on the date set by the Department in the notice of revocation, or upon final action after hearing under Section 3-703, whichever is later.
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(2) Until otherwise ordered by the circuit court,
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| nonrenewal is effective on the date of expiration of any existing license, or upon final action after hearing under Section 3-703, whichever is later; however, a license shall not be deemed to have expired if the Department fails to timely respond to a timely request for renewal under this Act or for a hearing to contest nonrenewal under paragraph (c).
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(3) The Department may extend the effective date of
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| license revocation or expiration in any case in order to permit orderly removal and relocation of residents.
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The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay any final assessment
of tax, penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(Source: P.A. 95-331, eff. 8-21-07; 96-1372, eff. 7-29-10.)
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(210 ILCS 45/3-120) Sec. 3-120. Certification of behavioral management units. (a) No later than January 1, 2022, the Department shall file with the Secretary of State's Office, pursuant to the Illinois Administrative Procedure Act, proposed rules or proposed amendments to existing rules to certify nursing homes or distinct self-contained units within existing nursing homes for the behavioral management of persons with a high risk of aggression. The purpose of the certification program is to ensure that the safety of residents, employees, and the public is preserved. No more than 3 facilities shall be certified in the first 3 years after the effective date of this amendatory Act of the 102nd General Assembly. Prior to the expansion of the number of certified facilities, the Department shall collaborate with stakeholders, including, but not limited to, organizations whose membership consists of congregate long-term care facilities, to evaluate the efficacy of the certification program. (b) The Department's rules shall, at a minimum, provide for the following: (1) A security and safety assessment, completed |
| before admission to a certified unit if an Identified Offender Report and Recommendation or other criminal risk analysis has not been completed, to identify existing or potential residents at risk of committing violent acts and determine appropriate preventive action to be taken. The assessment shall include, but need not be limited to, (i) a measure of the frequency of, (ii) an identification of the precipitating factors for, and (iii) the consequences of, violent acts. The security and safety assessment shall be in addition to any risk-of-harm assessment performed by a PAS screener, but may use the results of this or any other assessment. The security and safety assessment shall be completed by the same licensed forensic psychologist who prepares Identified Offender Reports and Recommendations for identified offenders.
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(2) Development of an individualized treatment and
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| behavior management plan for each resident to reduce overall and specific risks.
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(3) Room selection and appropriateness of roommate
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(4) Protection of residents, employees, and members
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| of the public from aggression by residents.
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(5) Supervision and monitoring.
(6) Staffing levels.
(7) Quality assurance and improvement.
(8) Staff training, conducted during orientation and
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| periodically thereafter, specific to each job description covering the following topics as appropriate:
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(A) The violence escalation cycle.
(B) Violence predicting factors.
(C) Obtaining a history from a resident with a
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| history of violent behavior.
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(D) Verbal and physical techniques to de-escalate
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| and minimize violent behavior.
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(E) Strategies to avoid physical harm.
(F) Containment techniques, as permitted and
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(G) Appropriate treatment to reduce violent
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(H) Documenting and reporting incidents of
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(I) The process whereby employees affected by a
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| violent act may be debriefed or calmed down and the tension of the situation may be reduced.
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(J) Any resources available to employees for
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(K) Any other topic deemed appropriate based on
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| job description and the needs of this population.
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(9) Elimination or reduction of environmental factors
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| that affect resident safety.
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(10) Periodic independent reassessment of the
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| individual resident for appropriateness of continued placement on the certified unit. For the purposes of this paragraph (10), "independent" means that no professional or financial relationship exists between any person making the assessment and any community provider or long term care facility.
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(11) A definition of a "person with high risk of
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| aggression". The definition shall not include any person with a serious mental illness who is eligible to receive services under the Specialized Mental Health Rehabilitation Act of 2013.
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The Department shall develop the administrative rules under this subsection (b) in collaboration with other relevant State agencies and in consultation with (i) advocates for residents, (ii) providers of nursing home services, and (iii) labor and employee-representation organizations.
(c) A long term care facility found to be out of compliance with the certification requirements under Section 3-120 may be subject to denial, revocation, or suspension of the behavioral management unit certification or the imposition of sanctions and penalties, including the immediate suspension of new admissions. Hearings shall be conducted pursuant to Part 7 of Article III of this Act.
(d) The Department shall establish a certification fee schedule by rule, in consultation with advocates, nursing homes, and representatives of associations representing long term care facilities.
(Source: P.A. 102-647, eff. 8-27-21.)
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