Statutes > Illinois Statutes > CHAPTER 210 HEALTH FACILITIES > 210 ILCS 47/ MR/DD Community Care Act. > Part 2 - General Provisions

Part 2 - General Provisions


 
    (210 ILCS 47/Art. III Part 2)
    (This Part may contain text from a Public Act with a delayed effective date)
PART 2. GENERAL PROVISIONS
(Source: P.A. 96‑339, eff. 7‑1‑10.)

    (210 ILCS 47/3‑201)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 3‑201. Medical treatment; no prescription by Department. The Department shall not prescribe the course of medical treatment provided to an individual resident by the resident's physician in a facility.
(Source: P.A. 96‑339, eff. 7‑1‑10.)

    (210 ILCS 47/3‑202)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 3‑202. Standards for facilities. The Department shall prescribe minimum standards for facilities. These standards shall regulate:
        (1) Location and construction of the facility,
     including plumbing, heating, lighting, ventilation, and other physical conditions which shall ensure the health, safety, and comfort of residents and their protection from fire hazard;
        (2) Number and qualifications of all personnel,
     including management and nursing personnel, having responsibility for any part of the care given to residents; specifically, the Department shall establish staffing ratios for facilities which shall specify the number of staff hours per resident of care that are needed for professional nursing care for various types of facilities or areas within facilities;
        (3) All sanitary conditions within the facility and
     its surroundings, including water supply, sewage disposal, food handling, and general hygiene, which shall ensure the health and comfort of residents;
        (4) Diet related to the needs of each resident based
     on good nutritional practice and on recommendations which may be made by the physicians attending the resident;
        (5) Equipment essential to the health and welfare of
     the residents;
        (6) A program of habilitation and rehabilitation for
     those residents who would benefit from such programs;
        (7) A program for adequate maintenance of physical
     plant and equipment;
        (8) Adequate accommodations, staff and services for
     the number and types of residents for whom the facility is licensed to care, including standards for temperature and relative humidity within comfort zones determined by the Department based upon a combination of air temperature, relative humidity and air movement. Such standards shall also require facility plans that provide for health and comfort of residents at medical risk as determined by the attending physician whenever the temperature and relative humidity are outside such comfort zones established by the Department. The standards must include a requirement that areas of a facility used by residents of the facility be air‑conditioned and heated by means of operable air‑conditioning and heating equipment. The areas subject to this air‑conditioning and heating requirement include, without limitation, bedrooms or common areas such as sitting rooms, activity rooms, living rooms, community rooms, and dining rooms;
        (9) Development of evacuation and other appropriate
     safety plans for use during weather, health, fire, physical plant, environmental and national defense emergencies; and
        (10) Maintenance of minimum financial or other
     resources necessary to meet the standards established under this Section, and to operate and conduct the facility in accordance with this Act.
(Source: P.A. 96‑339, eff. 7‑1‑10.)

    (210 ILCS 47/3‑202.1)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 3‑202.1. Weather or hazard alert system. The Department shall develop and implement a system of alerting and educating facilities and their personnel as to the existence or possibility of weather or other hazardous circumstances which may endanger resident health or safety and designating any precautions to prevent or minimize such danger. The Department may assist any facility experiencing difficulty in dealing with such emergencies. The Department may provide for announcement to the public of the dangers posed to facility residents by such existing or potential weather or hazardous circumstances.
(Source: P.A. 96‑339, eff. 7‑1‑10.)

    (210 ILCS 47/3‑202.3)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 3‑202.3. Identified offenders as residents. No later than 30 days after July 11, 2005 (the effective date of Public Act 94‑163), the Department shall file with the Illinois Secretary of State's Office, pursuant to the Illinois Administrative Procedure Act, emergency rules regarding the provision of services to identified offenders. The emergency rules shall provide for, or include, but not be limited to the following:
        (1) A process for the identification of identified
     offenders.
        (2) A required risk assessment of identified
     offenders.
        (3) A requirement that a licensed facility be
     required, within 10 days of the filing of the emergency rules, to compare its residents against the Illinois Department of Corrections and Illinois State Police registered sex offender databases.
        (4) A requirement that the licensed facility notify
     the Department within 48 hours of determining that a resident or residents of the licensed facility are listed on the Illinois Department of Corrections or Illinois State Police registered sex offender databases.
        (5) The care planning of identified offenders, which
     shall include, but not be limited to, a description of the security measures necessary to protect facility residents from the identified offender, including whether the identified offender should be segregated from other facility residents.
        (6) For offenders serving terms of probation for
     felony offenses, parole, or mandatory supervised release, the facility shall acknowledge the terms of release as imposed by the court or Illinois Prisoner Review Board.
        (7) The discharge planning for identified offenders.
(Source: P.A. 96‑339, eff. 7‑1‑10.)

    (210 ILCS 47/3‑202.4)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 3‑202.4. Feasibility of segregating identified offenders. The Department shall determine the feasibility of requiring identified offenders that seek admission to a licensed facility to be segregated from other residents.
(Source: P.A. 96‑339, eff. 7‑1‑10.)

    (210 ILCS 47/3‑202.5)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 3‑202.5. Facility plan review; fees.
    (a) Before commencing construction of a new facility or specified types of alteration or additions to an existing long term care facility involving major construction, as defined by rule by the Department, with an estimated cost greater than $100,000, architectural drawings and specifications for the facility shall be submitted to the Department for review and approval. A facility may submit architectural drawings and specifications for other construction projects for Department review according to subsection (b) that shall not be subject to fees under subsection (d). Review of drawings and specifications shall be conducted by an employee of the Department meeting the qualifications established by the Department of Central Management Services class specifications for such an individual's position or by a person contracting with the Department who meets those class specifications. Final approval of the drawings and specifications for compliance with design and construction standards shall be obtained from the Department before the alteration, addition, or new construction is begun.
    (b) The Department shall inform an applicant in writing within 10 working days after receiving drawings and specifications and the required fee, if any, from the applicant whether the applicant's submission is complete or incomplete. Failure to provide the applicant with this notice within 10 working days shall result in the submission being deemed complete for purposes of initiating the 60 day review period under this Section. If the submission is incomplete, the Department shall inform the applicant of the deficiencies with the submission in writing. If the submission is complete the required fee, if any, has been paid, the Department shall approve or disapprove drawings and specifications submitted to the Department no later than 60 days following receipt by the Department. The drawings and specifications shall be of sufficient detail, as provided by Department rule, to enable the Department to render a determination of compliance with design and construction standards under this Act. If the Department finds that the drawings are not of sufficient detail for it to render a determination of compliance, the plans shall be determined to be incomplete and shall not be considered for purposes of initiating the 60 day review period. If a submission of drawings and specifications is incomplete, the applicant may submit additional information. The 60 day review period shall not commence until the Department determines that a submission of drawings and specifications is complete or the submission is deemed complete. If the Department has not approved or disapproved the drawings and specifications within 60 days, the construction, major alteration, or addition shall be deemed approved. If the drawings and specifications are disapproved, the Department shall state in writing, with specificity, the reasons for the disapproval. The entity submitting the drawings and specifications may submit additional information in response to the written comments from the Department or request a reconsideration of the disapproval. A final decision of approval or disapproval shall be made within 45 days of the receipt of the additional information or reconsideration request. If denied, the Department shall state the specific reasons for the denial.
    (c) The Department shall provide written approval for occupancy pursuant to subsection (g) and shall not issue a violation to a facility as a result of a licensure or complaint survey based upon the facility's physical structure if:
        (1) the Department reviewed and approved or deemed
     approved the drawings and specifications for compliance with design and construction standards;
        (2) the construction, major alteration, or addition
     was built as submitted;
        (3) the law or rules have not been amended since the
     original approval; and
        (4) the conditions at the facility indicate that
     there is a reasonable degree of safety provided for the residents.
    (d) The Department shall charge the following fees in
     connection with its reviews conducted before June 30, 2004 under this Section:
        (1) (Blank).
        (2) (Blank).
        (3) If the estimated dollar value of the alteration,
     addition, or new construction is $100,000 or more but less than $500,000, the fee shall be the greater of $2,400 or 1.2% of that value.
        (4) If the estimated dollar value of the alteration,
     addition, or new construction is $500,000 or more but less than $1,000,000, the fee shall be the greater of $6,000 or 0.96% of that value.
        (5) If the estimated dollar value of the alteration,
     addition, or new construction is $1,000,000 or more but less than $5,000,000, the fee shall be the greater of $9,600 or 0.22% of that value.
        (6) If the estimated dollar value of the alteration,
     addition, or new construction is $5,000,000 or more, the fee shall be the greater of $11,000 or 0.11% of that value, but shall not exceed $40,000. The fees provided in this subsection (d) shall not apply to major construction projects involving facility changes that are required by Department rule amendments. The fees provided in this subsection (d) shall also not apply to major construction projects if 51% or more of the estimated cost of the project is attributed to capital equipment. For major construction projects where 51% or more of the estimated cost of the project is attributed to capital equipment, the Department shall by rule establish a fee that is reasonably related to the cost of reviewing the project. The Department shall not commence the facility plan review process under this Section until the applicable fee has been paid.
    (e) All fees received by the Department under this
     Section shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State Treasury. All fees paid by long term care facilities under subsection (d) shall be used only to cover the costs relating to the Department's review of long term care facility projects under this Section. Moneys shall be appropriated from that Fund to the Department only to pay the costs of conducting reviews under this Section or under Section 3‑202.5 of the Nursing Home Care Act. None of the moneys in the Health Facility Plan Review Fund shall be used to reduce the amount of General Revenue Fund moneys appropriated to the Department for facility plan reviews conducted pursuant to this Section.
    (f) (Blank).
    (g) The Department shall conduct an on site inspection of
     the completed project no later than 30 days after notification from the applicant that the project has been completed and all certifications required by the Department have been received and accepted by the Department. The Department shall provide written approval for occupancy to the applicant within 5 working days of the Department's final inspection, provided the applicant has demonstrated substantial compliance as defined by Department rule. Occupancy of new major construction is prohibited until Department approval is received, unless the Department has not acted within the time frames provided in this subsection (g), in which case the construction shall be deemed approved. Occupancy shall be authorized after any required health inspection by the Department has been conducted.
    (h) The Department shall establish, by rule, a procedure
     to conduct interim on site review of large or complex construction projects.
    (i) The Department shall establish, by rule, an expedited
     process for emergency repairs or replacement of like equipment.
    (j) Nothing in this Section shall be construed to apply
     to maintenance, upkeep, or renovation that does not affect the structural integrity of the building, does not add beds or services over the number for which the long term care facility is licensed, and provides a reasonable degree of safety for the residents.
(Source: P.A. 96‑339, eff. 7‑1‑10.)

    (210 ILCS 47/3‑203)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 3‑203. Standards for persons with developmental disability or emotional or behavioral disorder. In licensing any facility for persons with a developmental disability or persons suffering from emotional or behavioral disorders, the Department shall consult with the Department of Human Services in developing minimum standards for such persons.
(Source: P.A. 96‑339, eff. 7‑1‑10.)

    (210 ILCS 47/3‑204)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 3‑204. License classifications. In addition to the authority to prescribe minimum standards, the Department may adopt license classifications of facilities according to the levels of service, and if license classification is adopted the applicable minimum standards shall define the classification. In adopting classification of the license of facilities, the Department may give recognition to the classification of services defined or prescribed by federal statute or federal rule or regulation. More than one classification of the license may be issued to the same facility when the prescribed minimum standards and regulations are met.
(Source: P.A. 96‑339, eff. 7‑1‑10.)

    (210 ILCS 47/3‑205)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 3‑205. Municipalities; license classifications. Where licensing responsibilities are performed by a city, village or incorporated town, the municipality shall use the same classifications as the Department; and a facility may not be licensed for a different classification by the Department than by the municipality.
(Source: P.A. 96‑339, eff. 7‑1‑10.)

    (210 ILCS 47/3‑206)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 3‑206. Curriculum for training nursing assistants and aides. The Department shall prescribe a curriculum for training nursing assistants, habilitation aides, and child care aides.
    (a) No person, except a volunteer who receives no compensation from a facility and is not included for the purpose of meeting any staffing requirements set forth by the Department, shall act as a nursing assistant, habilitation aide, or child care aide in a facility, nor shall any person, under any other title, not licensed, certified, or registered to render medical care by the Department of Financial and Professional Regulation, assist with the personal, medical, or nursing care of residents in a facility, unless such person meets the following requirements:
        (1) Be at least 16 years of age, of temperate habits
     and good moral character, honest, reliable and trustworthy.
        (2) Be able to speak and understand the English
     language or a language understood by a substantial percentage of the facility's residents.
        (3) Provide evidence of employment or occupation, if
     any, and residence for 2 years prior to his or her present employment.
        (4) Have completed at least 8 years of grade school
     or provide proof of equivalent knowledge.
        (5) Begin a current course of training for nursing
     assistants, habilitation aides, or child care aides, approved by the Department, within 45 days of initial employment in the capacity of a nursing assistant, habilitation aide, or child care aide at any facility. Such courses of training shall be successfully completed within 120 days of initial employment in the capacity of nursing assistant, habilitation aide, or child care aide at a facility. Nursing assistants, habilitation aides, and child care aides who are enrolled in approved courses in community colleges or other educational institutions on a term, semester or trimester basis, shall be exempt from the 120‑day completion time limit. The Department shall adopt rules for such courses of training. These rules shall include procedures for facilities to carry on an approved course of training within the facility.
        The Department may accept comparable training in
     lieu of the 120‑hour course for student nurses, foreign nurses, military personnel, or employees of the Department of Human Services.
        The facility shall develop and implement procedures,
     which shall be approved by the Department, for an ongoing review process, which shall take place within the facility, for nursing assistants, habilitation aides, and child care aides.
        At the time of each regularly scheduled licensure
     survey, or at the time of a complaint investigation, the Department may require any nursing assistant, habilitation aide, or child care aide to demonstrate, either through written examination or action, or both, sufficient knowledge in all areas of required training. If such knowledge is inadequate the Department shall require the nursing assistant, habilitation aide, or child care aide to complete inservice training and review in the facility until the nursing assistant, habilitation aide, or child care aide demonstrates to the Department, either through written examination or action, or both, sufficient knowledge in all areas of required training; and
        (6) Be familiar with and have general skills related
     to resident care.
    (a‑0.5) An educational entity, other than a secondary
     school, conducting a nursing assistant, habilitation aide, or child care aide training program shall initiate a UCIA criminal history record check prior to entry of an individual into the training program. A secondary school may initiate a UCIA criminal history record check prior to the entry of an individual into a training program.
    (a‑1) Nursing assistants, habilitation aides, or child
     care aides seeking to be included on the registry must authorize the Department of Public Health or its designee that tests nursing assistants to request a UCIA criminal history check and submit all necessary information.
    (b) Persons subject to this Section shall perform their
     duties under the supervision of a nurse.
    (c) It is unlawful for any facility to employ any person
     in the capacity of nursing assistant, habilitation aide, or child care aide, or under any other title, not licensed by the State of Illinois to assist in the personal, medical, or nursing care of residents in such facility unless such person has complied with this Section.
    (d) Proof of compliance by each employee with the
     requirements set out in this Section shall be maintained for each such employee by each facility in the individual personnel folder of the employee.
    (e) Each facility shall certify to the Department on a
     form provided by the Department the name and residence address of each employee, and that each employee subject to this Section meets all the requirements of this Section.
    (f) Any facility that is operated under Section 3‑803
     shall be exempt from the requirements of this Section.
    (g) Each skilled nursing and intermediate care facility
     that admits persons who are diagnosed as having Alzheimer's disease or related dementias shall require all nursing assistants, habilitation aides, or child care aides, who did not receive 12 hours of training in the care and treatment of such residents during the training required under paragraph (5) of subsection (a), to obtain 12 hours of in house training in the care and treatment of such residents. If the facility does not provide the training in house, the training shall be obtained from other facilities, community colleges or other educational institutions that have a recognized course for such training. The Department shall, by rule, establish a recognized course for such training.
    The Department's rules shall provide that such training
     may be conducted in house at each facility subject to the requirements of this subsection, in which case such training shall be monitored by the Department. The Department's rules shall also provide for circumstances and procedures whereby any person who has received training that meets the requirements of this subsection shall not be required to undergo additional training if he or she is transferred to or obtains employment at a different facility but remains continuously employed as a nursing assistant, habilitation aide, or child care aide. Licensed sheltered care facilities shall be exempt from the requirements of this Section.
(Source: P.A. 96‑339, eff. 7‑1‑10.)

    (210 ILCS 47/3‑206.01)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 3‑206.01. Health care worker registry.
    (a) The Department shall establish and maintain a registry of all individuals who have satisfactorily completed the training required by Section 3‑206. The registry shall include the name of the nursing assistant, habilitation aide, or child care aide, his or her current address, Social Security number, and the date and location of the training course completed by the individual, and the date of the individual's last criminal records check. Any individual placed on the registry is required to inform the Department of any change of address within 30 days. A facility shall not employ an individual as a nursing assistant, habilitation aide, or child care aide unless the facility has inquired of the Department as to information in the registry concerning the individual and shall not employ anyone not on the registry unless the individual is enrolled in a training program under paragraph (5) of subsection (a) of Section 3‑206 of this Act.
    If the Department finds that a nursing assistant, habilitation aide, or child care aide has abused a resident, neglected a resident, or misappropriated resident property in a facility, the Department shall notify the individual of this finding by certified mail sent to the address contained in the registry. The notice shall give the individual an opportunity to contest the finding in a hearing before the Department or to submit a written response to the findings in lieu of requesting a hearing. If, after a hearing or if the individual does not request a hearing, the Department finds that the individual abused a resident, neglected a resident, or misappropriated resident property in a facility, the finding shall be included as part of the registry as well as a brief statement from the individual, if he or she chooses to make such a statement. The Department shall make information in the registry available to the public. In the case of inquiries to the registry concerning an individual listed in the registry, any information disclosed concerning such a finding shall also include disclosure of any statement in the registry relating to the finding or a clear and accurate summary of the statement.
    (b) The Department shall add to the health care worker registry records of findings as reported by the Inspector General or remove from the health care worker registry records of findings as reported by the Department of Human Services, under subsection (g‑5) of Section 1‑17 of the Department of Human Services Act.
(Source: P.A. 96‑339, eff. 7‑1‑10.)

    (210 ILCS 47/3‑206.02)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 3‑206.02. Designation on registry for offense.
    (a) The Department, after notice to the nursing assistant, habilitation aide, or child care aide, may designate that the Department has found any of the following:
        (1) The nursing assistant, habilitation aide, or
     child care aide has abused a resident.
        (2) The nursing assistant, habilitation aide, or
     child care aide has neglected a resident.
        (3) The nursing assistant, habilitation aide, or
     child care aide has misappropriated resident property.
        (4) The nursing assistant, habilitation aide, or
     child care aide has been convicted of (i) a felony, (ii) a misdemeanor, an essential element of which is dishonesty, or (iii) any crime that is directly related to the duties of a nursing assistant, habilitation aide, or child care aide.
    (b) Notice under this Section shall include a clear and
     concise statement of the grounds denoting abuse, neglect, or theft and notice of the opportunity for a hearing to contest the designation.
    (c) The Department may designate any nursing assistant,
     habilitation aide, or child care aide on the registry who fails (i) to file a return, (ii) to pay the tax, penalty or interest shown in a filed return, or (iii) to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until the time the requirements of the tax Act are satisfied.
    (c‑1) The Department shall document criminal background
     check results pursuant to the requirements of the Health Care Worker Background Check Act.
    (d) At any time after the designation on the registry
     pursuant to subsection (a), (b), or (c) of this Section, a nursing assistant, habilitation aide, or child care aide may petition the Department for removal of designation on the registry. The Department may remove the designation of the nursing assistant, habilitation aide, or child care aide on the registry unless, after an investigation and a hearing, the Department determines that removal of designation is not in the public interest.
(Source: P.A. 96‑339, eff. 7‑1‑10.)

    (210 ILCS 47/3‑206.03)
    Sec. 3‑206.03. Resident attendants.
    (a) As used in this Section, "resident attendant" means an individual who assists residents in a facility with the following activities:
        (1) eating and drinking; and
        (2) personal hygiene limited to washing a resident's
     hands and face, brushing and combing a resident's hair, oral hygiene, shaving residents with an electric razor, and applying makeup.
    The term "resident attendant" does not include an
    individual who:
        (1) is a licensed health professional or a
    registered dietitian;