Statutes > Illinois Statutes > CHAPTER 210 HEALTH FACILITIES > 210 ILCS 45/ Nursing Home Care Act. > Article I - Short Title And Definitions

Article I - Short Title And Definitions


      (210 ILCS 45/Art. I heading)
ARTICLE I
SHORT TITLE AND DEFINITIONS

    (210 ILCS 45/1‑101) (from Ch. 111 1/2, par. 4151‑101)
    Sec. 1‑101. This Act shall be known and may be cited as the Nursing Home Care Act.
(Source: P.A. 85‑1378.)

    (210 ILCS 45/1‑102) (from Ch. 111 1/2, par. 4151‑102)
    Sec. 1‑102. For the purposes of this Act, unless the context otherwise requires, the terms defined in this Article have the meanings ascribed to them herein.
(Source: P.A. 81‑223.)

    (210 ILCS 45/1‑103) (from Ch. 111 1/2, par. 4151‑103)
    Sec. 1‑103. "Abuse" means any physical or mental injury or sexual assault inflicted on a resident other than by accidental means in a facility.
(Source: P.A. 81‑223.)

    (210 ILCS 45/1‑104) (from Ch. 111 1/2, par. 4151‑104)
    Sec. 1‑104. "Access" means the right to:
    (1) Enter any facility;
    (2) Communicate privately and without restriction with any resident who consents to the communication;
    (3) Seek consent to communicate privately and without restriction with any resident;
    (4) Inspect the clinical and other records of a resident with the express written consent of the resident;
    (5) Observe all areas of the facility except the living area of any resident who protests the observation.
(Source: P.A. 81‑223.)

    (210 ILCS 45/1‑105)(from Ch. 111 1/2, par. 4151‑105)
    Sec. 1‑105. "Administrator" means a person who is charged with the general administration and supervision of a facility and licensed, if required, under the Nursing Home Administrators Licensing and Disciplinary Act, as now or hereafter amended.
(Source: P.A. 95‑331, eff. 8‑21‑07.)

    (210 ILCS 45/1‑106) (from Ch. 111 1/2, par. 4151‑106)
    Sec. 1‑106. "Affiliate" means:
    (1) With respect to a partnership, each partner thereof.
    (2) With respect to a corporation, each officer, director and stockholder thereof.
    (3) With respect to a natural person: any person related in the first degree of kinship to that person; each partnership and each partner thereof of which that person or any affiliate of that person is a partner; and each corporation in which that person or any affiliate of that person is an officer, director or stockholder.
(Source: P.A. 81‑223.)

    (210 ILCS 45/1‑107) (from Ch. 111 1/2, par. 4151‑107)
    Sec. 1‑107. "Applicant" means any person making application for a license.
(Source: P.A. 81‑223.)

    (210 ILCS 45/1‑108.1) (from Ch. 111 1/2, par. 4151‑108.1)
    Sec. 1‑108.1. "Complaint classification" means the Department shall categorize reports about conditions, care or services in a facility into one of three groups after an investigation:
    (1) "An invalid report" means any report made under this Act for which it is determined after an investigation that no credible evidence of abuse, neglect or other deficiency relating to the complaint exists;
    (2) "A valid report" means a report made under this Act if an investigation determines that some credible evidence of the alleged abuse, neglect or other deficiency relating to the complaint exists; and
    (3) "An undetermined report" means a report made under this Act in which it was not possible to initiate or complete an investigation on the basis of information provided to the Department.
(Source: P.A. 84‑798.)

    (210 ILCS 45/1‑109) (from Ch. 111 1/2, par. 4151‑109)
    Sec. 1‑109. "Department" means the Department of Public Health.
(Source: P.A. 81‑223.)

    (210 ILCS 45/1‑110) (from Ch. 111 1/2, par. 4151‑110)
    Sec. 1‑110. "Director" means the Director of Public Health or his designee.
(Source: P.A. 81‑223.)

    (210 ILCS 45/1‑111) (from Ch. 111 1/2, par. 4151‑111)
    Sec. 1‑111. "Discharge" means the full release of any resident from a facility.
(Source: P.A. 81‑223.)

    (210 ILCS 45/1‑112) (from Ch. 111 1/2, par. 4151‑112)
    Sec. 1‑112. "Emergency" means a situation, physical condition or one or more practices, methods or operations which present imminent danger of death or serious physical or mental harm to residents of a facility.
(Source: P.A. 81‑223.)

    (210 ILCS 45/1‑113)(from Ch. 111 1/2, par. 4151‑113)
    (Text of Section before amendment by P.A. 96‑339)
    Sec. 1‑113. "Facility" or "long‑term care facility" means a private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5‑21 or 5‑22 of the Counties Code, or any similar institution operated by a political subdivision of the State of Illinois, which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons, not related to the applicant or owner by blood or marriage. It includes skilled nursing facilities and intermediate care facilities as those terms are defined in Title XVIII and Title XIX of the Federal Social Security Act. It also includes homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans' Affairs.
    "Facility" does not include the following:
        (1) A home, institution, or other place operated by
     the federal government or agency thereof, or by the State of Illinois, other than homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans' Affairs;
        (2) A hospital, sanitarium, or other institution
     whose principal activity or business is the diagnosis, care, and treatment of human illness through the maintenance and operation as organized facilities therefor, which is required to be licensed under the Hospital Licensing Act;
        (3) Any "facility for child care" as defined in the
     Child Care Act of 1969;
        (4) Any "Community Living Facility" as defined in the
     Community Living Facilities Licensing Act;
        (5) Any "community residential alternative" as
     defined in the Community Residential Alternatives Licensing Act;
        (6) Any nursing home or sanatorium operated solely by
     and for persons who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any well‑recognized church or religious denomination. However, such nursing home or sanatorium shall comply with all local laws and rules relating to sanitation and safety;
        (7) Any facility licensed by the Department of Human
     Services as a community‑integrated living arrangement as defined in the Community‑Integrated Living Arrangements Licensure and Certification Act;
        (8) Any "Supportive Residence" licensed under the
     Supportive Residences Licensing Act;
        (9) Any "supportive living facility" in good standing
     with the program established under Section 5‑5.01a of the Illinois Public Aid Code, except only for purposes of the employment of persons in accordance with Section 3‑206.01;
        (10) Any assisted living or shared housing
     establishment licensed under the Assisted Living and Shared Housing Act, except only for purposes of the employment of persons in accordance with Section 3‑206.01; or
        (11) An Alzheimer's disease management center
     alternative health care model licensed under the Alternative Health Care Delivery Act.
(Source: P.A. 94‑342, eff. 7‑26‑05; 95‑380, eff. 8‑23‑07.)
 
    (Text of Section after amendment by P.A. 96‑339)
    Sec. 1‑113. "Facility" or "long‑term care facility" means a private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5‑21 or 5‑22 of the Counties Code, or any similar institution operated by a political subdivision of the State of Illinois, which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons, not related to the applicant or owner by blood or marriage. It includes skilled nursing facilities and intermediate care facilities as those terms are defined in Title XVIII and Title XIX of the Federal Social Security Act. It also includes homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans' Affairs.
    "Facility" does not include the following:
        (1) A home, institution, or other place operated by
     the federal government or agency thereof, or by the State of Illinois, other than homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans' Affairs;
        (2) A hospital, sanitarium, or other institution
     whose principal activity or business is the diagnosis, care, and treatment of human illness through the maintenance and operation as organized facilities therefor, which is required to be licensed under the Hospital Licensing Act;
        (3) Any "facility for child care" as defined in the
     Child Care Act of 1969;
        (4) Any "Community Living Facility" as defined in the
     Community Living Facilities Licensing Act;
        (5) Any "community residential alternative" as
     defined in the Community Residential Alternatives Licensing Act;
        (6) Any nursing home or sanatorium operated solely by
     and for persons who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any well‑recognized church or religious denomination. However, such nursing home or sanatorium shall comply with all local laws and rules relating to sanitation and safety;
        (7) Any facility licensed by the Department of Human
     Services as a community‑integrated living arrangement as defined in the Community‑Integrated Living Arrangements Licensure and Certification Act;
        (8) Any "Supportive Residence" licensed under the
     Supportive Residences Licensing Act;
        (9) Any "supportive living facility" in good standing
     with the program established under Section 5‑5.01a of the Illinois Public Aid Code, except only for purposes of the employment of persons in accordance with Section 3‑206.01;
        (10) Any assisted living or shared housing
     establishment licensed under the Assisted Living and Shared Housing Act, except only for purposes of the employment of persons in accordance with Section 3‑206.01;
        (11) An Alzheimer's disease management center
     alternative health care model licensed under the Alternative Health Care Delivery Act; or
        (12) A facility licensed under the MR/DD Community
     Care Act.
(Source: P.A. 95‑380, eff. 8‑23‑07; 96‑339, eff. 7‑1‑10.)

    (210 ILCS 45/1‑114) (from Ch. 111 1/2, par. 4151‑114)
    Sec. 1‑114. "Guardian" means a person appointed as a guardian of the person or guardian of the estate, or both, of a resident under the "Probate Act of 1975", as now or hereafter amended.
(Source: P.A. 81‑223.)

    (210 ILCS 45/1‑114.005)
    Sec. 1‑114.005. High risk designation. "High risk designation" means a violation of a provision of the Illinois Administrative Code that has been identified by the Department through rulemaking to be inherently necessary to protect the health, safety, and welfare of a resident.
(Source: P.A. 96‑1372, eff. 7‑29‑10.)

    (210 ILCS 45/1‑114.01)
    Sec. 1‑114.01. Identified offender. "Identified offender" means a person who meets any of the following criteria:
        (1) Has been convicted of, found guilty of,
    adjudicated delinquent for, found not guilty by reason of insanity for, or found unfit to stand trial for, any felony offense listed in Section 25 of the Health Care Worker Background Check Act, except for the following: (i) a felony offense described in Section 10‑5 of the Nurse Practice Act; (ii) a felony offense described in Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card and Debit Card Act; (iii) a felony offense described in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis Control Act; (iv) a felony offense described in Section 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois Controlled Substances Act; and (v) a felony offense described in the Methamphetamine Control and Community Protection Act.
        (2) Has been convicted of, adjudicated delinquent
    for, found not guilty by reason of insanity for, or found unfit to stand trial for, any sex offense as defined in subsection (c) of Section 10 of the Sex Offender Management Board Act.
        (3) Is any other resident as determined by the
    Department of State Police.
(Source: P.A. 96‑1372, eff. 7‑29‑10.)

    (210 ILCS 45/1‑114.1) (from Ch. 111 1/2, par. 4151‑114.1)
    Sec. 1‑114.1. "Immediate family" means the spouse, an adult child, a parent, an adult brother or sister, or an adult grandchild of a person.
(Source: P.A. 81‑1349.)

    (210 ILCS 45/1‑115) (from Ch. 111 1/2, par. 4151‑115)
    Sec. 1‑115. "Licensee" means the individual or entity licensed by the Department to operate the facility.
(Source: P.A. 83‑1530.)

    (210 ILCS 45/1‑116) (from Ch. 111 1/2, par. 4151‑116)
    Sec. 1‑116. "Maintenance" means food, shelter and laundry services.
(Source: P.A. 81‑223.)

    (210 ILCS 45/1‑116.5)
    Sec. 1‑116.5. "Misappropriation of a resident's property" means the deliberate misplacement, exploitation, or wrongful temporary or permanent use of a resident's belongings or money without the resident's consent.
(Source: P.A. 94‑26, eff. 1‑1‑06.)

    (210 ILCS 45/1‑117)(from Ch. 111 1/2, par. 4151‑117)
    Sec. 1‑117. Neglect. "Neglect" means a facility's failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living that is necessary to avoid physical harm, mental anguish, or mental illness of a resident.
(Source: P.A. 96‑1372, eff. 7‑29‑10.)

    (210 ILCS 45/1‑118)(from Ch. 111 1/2, par. 4151‑118)
    Sec. 1‑118. "Nurse" means a registered nurse or a licensed practical nurse as defined in the Nurse Practice Act.
(Source: P.A. 95‑639, eff. 10‑5‑07.)

    (210 ILCS 45/1‑119) (from Ch. 111 1/2, par. 4151‑119)
    Sec. 1‑119. "Owner" means the individual, partnership, corporation, association or other person who owns a facility. In the event a facility is operated by a person who leases the physical plant, which is owned by another person, "owner" means the person who operates the facility, except that if the person who owns the physical plant is an affiliate of the person who operates the facility and has significant control over the day‑to‑day operations of the facility, the person who owns the physical plant shall incur jointly and severally with the owner all liabilities imposed on an owner under this Act.
(Source: P.A. 81‑223.)

    (210 ILCS 45/1‑120) (from Ch. 111 1/2, par. 4151‑120)
    Sec. 1‑120. "Personal care" means assistance with meals, dressing, movement, bathing or other personal needs or maintenance, or general supervision and oversight of the physical and mental well‑being of an individual, who is incapable of maintaining a private, independent residence or who is incapable of managing his person whether or not a guardian has been appointed for such individual.
(Source: P.A. 81‑223.)

    (210 ILCS 45/1‑120.3)
    Sec. 1‑120.3. Provisional admission period. "Provisional admission period" means the time between the admission of an identified offender as defined in Section 1‑114.01 and 3 days following the admitting facility's receipt of an Identified Offender Report and Recommendation in accordance with Section 2‑201.6.
(Source: P.A. 96‑1372, eff. 7‑29‑10.)

    (210 ILCS 45/1‑120.7)
    Sec. 1‑120.7. Psychiatric services rehabilitation aide. "Psychiatric services rehabilitation aide" means an individual employed by a long‑term care facility to provide, for mentally ill residents, at a minimum, crisis intervention, rehabilitation, and assistance with activities of daily living.
(Source: P.A. 96‑1372, eff. 7‑29‑10.)

    (210 ILCS 45/1‑121) (from Ch. 111 1/2, par. 4151‑121)
    Sec. 1‑121. "Reasonable hour" means any time between the hours of 10 a.m. and 8 p.m. daily.
(Source: P.A. 81‑223.)

    (210 ILCS 45/1‑122)(from Ch. 111 1/2, par. 4151‑122)
    Sec. 1‑122. Resident. "Resident" means a person receiving personal or medical care, including but not limited to mental health treatment, psychiatric rehabilitation, physical rehabilitation, and assistance with activities of daily living, from a facility.
(Source: P.A. 96‑1372, eff. 7‑29‑10.)

    (210 ILCS 45/1‑123) (from Ch. 111 1/2, par. 4151‑123)
    Sec. 1‑123. "Resident's representative" means a person other than the owner, or an agent or employee of a facility not related to the resident, designated in writing by a resident to be his representative, or the resident's guardian, or the parent of a minor resident for whom no guardian has been appointed.
(Source: P.A. 81‑223.)

    (210 ILCS 45/1‑124) (from Ch. 111 1/2, par. 4151‑124)
    Sec. 1‑124. "Sheltered care" means maintenance and personal care.
(Source: P.A. 81‑223.)

    (210 ILCS 45/1‑125) (from Ch. 111 1/2, par. 4151‑125)
    Sec. 1‑125. "Stockholder" of a corporation means any person who, directly or indirectly, beneficially owns, holds or has the power to vote, at least 5% of any class of securities issued by the corporation.
(Source: P.A. 81‑223.)

    (210 ILCS 45/1‑125.1) (from Ch. 111 1/2, par. 4151‑125.1)
    Sec. 1‑125.1. "Student intern" means any person whose total term of employment in any facility during any 12‑month period is equal to or less than 90 continuous days, and whose term of employment is either,
    (1) an academic credit requirement in a high school or undergraduate institution, or
    (2) immediately succeeds a full quarter, semester or trimester of academic enrollment in either a high school or undergraduat