There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois Code - 210 ILCS 45/ Nursing Home Care Act. Article II - Rights And Responsibilities
(210 ILCS 45/2‑101) (from Ch. 111 1/2, par. 4152‑101)
Sec. 2‑101.
No resident shall be deprived of any rights, benefits, or
privileges guaranteed by law, the Constitution of the State of Illinois,
or the Constitution of the United States solely on account of his status
as a resident of a facility.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑101.1) (from Ch. 111 1/2, par. 4152‑101.1)
Sec. 2‑101.1 Spousal Impoverishment.
All new residents and their spouses
shall be informed on admittance of their spousal impoverishment rights
as defined at Section 5‑4 of the Illinois Public Aid
Code, as now or hereafter amended and at Section 303 of Title III of the
Medicare Catastrophic Coverage Act of 1988 (P.L. 100‑360).
(Source: P.A. 86‑410.)
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(210 ILCS 45/2‑102) (from Ch. 111 1/2, par. 4152‑102)
Sec. 2‑102.
A resident shall be permitted to manage his own financial
affairs unless he or his guardian or if the resident is a minor, his parent,
authorizes the administrator of the facility
in writing to manage such resident's financial affairs under Section 2‑201 of this Act.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑103) (from Ch. 111 1/2, par. 4152‑103)
Sec. 2‑103.
A resident shall be permitted to retain and use or wear his
personal property in his immediate living quarters, unless deemed medically
inappropriate by a physician and so documented in the resident's clinical
record. If clothing is provided to the resident by the facility, it shall
be of a proper fit.
The facility shall provide adequate storage space for the personal property
of the resident. The facility shall provide a means of safeguarding small
items of value for its residents in their rooms or in any other part of
the facility so long as the residents have daily access to such valuables.
The facility shall make reasonable efforts to prevent loss and theft of
residents' property. Those efforts shall be appropriate to the particular
facility and may include, but are not limited to, staff training and
monitoring, labeling property, and frequent property inventories. The
facility shall develop procedures for investigating complaints concerning
theft of residents' property and shall promptly investigate all such
complaints.
(Source: P.A. 87‑549.)
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(210 ILCS 45/2‑104) (from Ch. 111 1/2, par. 4152‑104)
Sec. 2‑104.
(a) A resident shall be permitted to retain the services
of his own personal physician at his own expense or under an individual or
group plan of health insurance, or under any public or private
assistance program providing such coverage. However, the facility is
not liable for the negligence of any such personal physician. Every
resident shall be permitted to obtain from his own physician or the
physician attached to the facility complete and current information
concerning his medical diagnosis, treatment and prognosis in terms and
language the resident can reasonably be expected to understand. Every
resident shall be permitted to participate in the planning of his total
care and medical treatment to the extent that his condition permits. No
resident shall be subjected to experimental research or treatment
without first obtaining his informed, written consent. The conduct of
any experimental research or treatment shall be authorized and monitored
by an institutional review committee appointed by the administrator of
the facility where such research and treatment is conducted. The
membership, operating procedures and review criteria for institutional
review committees shall be prescribed under rules and regulations of the
Department.
(b) All medical treatment and procedures shall be administered as
ordered by a physician. All new physician orders shall be reviewed by the
facility's director of nursing or charge nurse designee within 24 hours
after such orders have been issued to assure facility compliance with such orders.
According to rules adopted by the Department, every woman resident of
child‑bearing age shall receive routine obstetrical and gynecological
evaluations as well as necessary prenatal care.
(c) Every resident shall be permitted to refuse medical treatment
and to know the consequences of such action, unless such refusal would
be harmful to the health and safety of others and such harm is
documented by a physician in the resident's clinical record. The
resident's refusal shall free the facility from the obligation to
provide the treatment.
(d) Every resident, resident's guardian, or parent if the resident
is a minor shall be permitted to inspect and copy all his clinical and
other records concerning his care and maintenance kept by the facility
or by his physician. The facility may charge a reasonable fee for
duplication of a record.
(Source: P.A. 86‑1013.)
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(210 ILCS 45/2‑104.1) (from Ch. 111 1/2, par. 4152‑104.1)
Sec. 2‑104.1.
Whenever ownership of a private facility is transferred
to another private owner following a final order for a suspension or revocation of the
facility's license, the new owner, if the Department so determines, shall
thoroughly evaluate the condition
and needs of each resident as if each resident were being newly admitted to
the facility. The evaluation shall include a review of the medical record
and the conduct of a physical examination
of each resident which shall be performed
within 30 days after the transfer of ownership.
(Source: P.A. 86‑1013.)
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(210 ILCS 45/2‑105) (from Ch. 111 1/2, par. 4152‑105)
Sec. 2‑105.
A resident shall be permitted respect and privacy in his medical
and personal care program. Every resident's case discussion, consultation,
examination and treatment shall be confidential and shall be conducted discreetly,
and those persons not directly involved in the resident's care must have
his permission to be present.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑106a)
Sec. 2‑106a.
Resident identification wristlet.
No identification
wristlets shall be employed except as ordered by a physician who documents the
need for such mandatory identification in the resident's clinical record. When
identification bracelets are required, they must identify the resident's name,
and the name and address of the facility issuing the identification wristlet.
(Source: P.A. 88‑263.)
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(210 ILCS 45/2‑107) (from Ch. 111 1/2, par. 4152‑107)
Sec. 2‑107.
An owner, licensee, administrator, employee or agent of a
facility shall not abuse or neglect a resident. It is the duty of any
facility employee or agent who becomes aware of such abuse or neglect to report it
as provided in "The Abused and Neglected Long Term Care Facility Residents
Reporting Act".
(Source: P.A. 82‑120.)
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(210 ILCS 45/2‑108) (from Ch. 111 1/2, par. 4152‑108)
Sec. 2‑108.
Every resident shall be permitted unimpeded, private and uncensored
communication of his choice by mail, public telephone or visitation.
(a) The administrator shall ensure that correspondence is conveniently
received and mailed, and that telephones are reasonably accessible.
(b) The administrator shall ensure that residents may have private visits
at any reasonable hour unless such visits are not medically advisable for
the resident as documented in the resident's clinical record by the resident's
physician.
(c) The administrator shall ensure that space for visits is available
and that facility personnel knock, except in an emergency, before entering
any resident's room.
(d) Unimpeded, private and uncensored communication by mail, public telephone
and visitation may be reasonably restricted by a physician only in
order to protect the resident or others from harm, harassment or intimidation,
provided that the reason for any such restriction is placed in the resident's
clinical record by the physician and that notice of such restriction shall
be given to all residents upon admission. However, all letters addressed
by a resident to the Governor,
members of the General Assembly, Attorney General, judges, state's attorneys,
officers of the Department, or licensed attorneys at law shall be forwarded
at once to the persons to whom they are addressed without examination by
facility personnel. Letters in reply from the officials and attorneys mentioned
above shall be delivered to the recipient without examination by facility personnel.
(e) The administrator shall ensure that married residents residing in
the same facility be allowed to reside in the same room within the facility
unless there is no room available in the facility or it is deemed medically
inadvisable by the residents' attending physician and so documented in the
residents' medical records.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑109) (from Ch. 111 1/2, par. 4152‑109)
Sec. 2‑109.
A resident shall be permitted the free exercise of religion.
Upon a resident's request, and if necessary at his expense, the administrator
shall make arrangements for a resident's attendance at religious services
of the resident's choice. However, no religious beliefs or practices, or
attendance at religious services, may be imposed upon any resident.
(Source: P.A. 81‑223.)
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(2) Inform residents of their rights and entitlements | ||
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(3) Assist residents in asserting their legal rights | ||
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(4) Engage in other methods of asserting, advising | ||
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(a‑5) If a resident of a licensed facility is an identified offender, any federal, State, or local law enforcement officer or county probation officer shall be permitted reasonable access to the individual resident to verify compliance with the requirements of the Sex Offender Registration Act, to verify compliance with the requirements of Public Act 94‑163 and this amendatory Act of the 94th General Assembly, or to verify compliance with applicable terms of probation, parole, or mandatory supervised release.
(b) All persons entering a facility under this Section shall
promptly notify appropriate facility personnel of their presence. They
shall, upon request, produce identification to establish their identity.
No such person shall enter the immediate living area of any resident
without first identifying himself and then receiving permission from the
resident to enter. The rights of other residents present in the room
shall be respected. A resident may terminate at any time a visit by a
person having access to the resident's living area under this Section.
(c) This Section shall not limit the power of the Department or
other public agency otherwise permitted or required by law to enter and
inspect a facility.
(d) Notwithstanding paragraph (a) of this Section, the administrator
of a facility may refuse access to the facility to any person if the
presence of that person in the facility would be injurious to the health
and safety of a resident or would threaten the security of the property
of a resident or the facility, or if the person seeks access to the
facility for commercial purposes. Any person refused access to a
facility may within 10 days request a hearing under Section 3‑703. In
that proceeding, the burden of proof as to the right of the facility to
refuse access under this Section shall be on the facility.
(Source: P.A. 94‑163, eff. 7‑11‑05; 94‑752, eff. 5‑10‑06.)
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(210 ILCS 45/2‑111) (from Ch. 111 1/2, par. 4152‑111)
Sec. 2‑111.
A resident may be discharged from a facility after he gives
the administrator, a physician, or a nurse of the facility
written notice of his desire to be discharged. If a guardian has been appointed
for a resident or if the resident is a minor, the resident shall be discharged
upon written consent of his guardian or if the resident is a minor, his
parent unless there is a court order to the contrary. In such cases, upon
the resident's
discharge, the facility is relieved from any responsibility for the resident's
care, safety or well‑being.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑112) (from Ch. 111 1/2, par. 4152‑112)
Sec. 2‑112.
A resident shall be permitted to present grievances on behalf
of himself or others to the administrator, the Long‑Term Care Facility Advisory
Board, the residents' advisory council, State governmental agencies
or other persons without threat of discharge or reprisal in any form or
manner whatsoever. The administrator shall provide all residents or their
representatives with the name, address, and telephone number of the appropriate
State governmental office where complaints may be lodged.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑113) (from Ch. 111 1/2, par. 4152‑113)
Sec. 2‑113.
A resident may refuse to perform labor for a facility.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑201) (from Ch. 111 1/2, par. 4152‑201)
Sec. 2‑201.
To protect the residents' funds, the facility:
(1) Shall at the time of admission provide, in order of priority,
each resident, or the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family member,
if any, with a written statement explaining to the resident and to the
resident's spouse (a) their spousal impoverishment rights, as defined at
Section 5‑4 of the Illinois Public Aid Code, and at Section 303 of Title III of the Medicare Catastrophic
Coverage Act of 1988 (P.L. 100‑360), and (b) the
resident's rights regarding personal
funds and listing the services for which the resident will be charged. The
facility shall obtain a signed acknowledgment from each resident or the
resident's guardian, if any, or the resident's representative, if any, or
the resident's immediate family member, if any, that such person has
received the statement.
(2) May accept funds from a resident for safekeeping and managing, if
it receives written authorization from, in order of priority, the resident
or the resident's guardian, if any, or the resident's representative,
if any, or the resident's immediate family member, if any; such authorization
shall be attested to by a witness who has no pecuniary interest in the facility
or its operations, and who is not connected in any way to facility
personnel or the administrator in any manner whatsoever.
(3) Shall maintain and allow, in order of priority, each resident
or the resident's guardian, if any, or the resident's representative,
if any, or the resident's immediate family member, if any, access to a
written record of all financial arrangements and transactions involving
the individual resident's funds.
(4) Shall provide, in order of priority, each resident, or the resident's
guardian, if any, or the resident's representative, if any,
or the resident's immediate family member, if any, with a written itemized
statement at least quarterly, of all financial transactions involving
the resident's funds.
(5) Shall purchase a surety bond, or otherwise provide assurance
satisfactory to the Departments of Public Health and Insurance that all
residents' personal funds deposited with the facility are secure against
loss, theft, and insolvency.
(6) Shall keep any funds received from a resident for safekeeping in an
account separate from the facility's funds, and shall at no time withdraw
any part or all of such funds for any purpose other than to return the
funds to the resident upon the request of the resident or any other person
entitled to make such request, to pay the resident his allowance, or to
make any other payment authorized by the resident or any other person
entitled to make such authorization.
(7) Shall deposit any funds received from a resident in excess of $100 in
an interest bearing account insured by agencies of, or corporations chartered
by, the State or federal government. The account shall be in a form which
clearly indicates that the facility has only a fiduciary interest in the
funds and any interest from the account shall accrue to the resident. The
facility may keep up to $100 of a resident's money in a non‑interest bearing
account or petty cash fund, to be readily available for the resident's current
expenditures.
(8) Shall return to the resident, or the person who executed the written
authorization required in subsection (2) of this Section, upon written
request, all or any part of the resident's funds given the facility for
safekeeping, including the interest accrued from deposits.
(9) Shall (a) place any monthly allowance to which a resident is entitled
in that resident's personal account, or give it to the resident, unless
the facility has written authorization from the resident or the resident's
guardian or if the resident is a minor, his parent, to handle it
differently, (b) take all steps necessary to ensure that a personal needs
allowance that is placed in a resident's personal account is used
exclusively by the resident or for the benefit of the resident, and
(c) where such funds are withdrawn from the resident's personal account by
any person other than the resident, require such person to whom funds
constituting any part of a resident's personal needs allowance are
released, to execute an affidavit that such funds shall be used exclusively
for the benefit of the resident.
(10) Unless otherwise provided by State law, upon the death of a resident,
shall provide the executor or administrator of the resident's estate with
a complete accounting of all the resident's personal property, including
any funds of the resident being held by the facility.
(11) If an adult resident is incapable of managing his funds and does
not have a resident's representative, guardian, or an immediate family
member, shall notify the Office of the State Guardian of the Guardianship
and Advocacy Commission.
(12) If the facility is sold, shall provide the buyer with a written
verification by a public accountant of all residents' monies and properties
being transferred, and obtain a signed receipt from the new owner.
(Source: P.A. 86‑410; 86‑486; 86‑1028; 87‑551; 87‑1122.)
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(2) Consultation with the convicting prosecutor's | ||
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(3) A review of the statement of facts, police | ||
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(4) An interview with the identified offender. (5) Consultation with the facility administrator or | ||
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(6) Consideration of the entire criminal history of | ||
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(7) If the identified offender is a convicted or | ||
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(d) The Department shall prepare a Criminal History Analysis Report based on the analysis conducted pursuant to subsection (c). The Report shall include a summary of the Risk Analysis and shall detail whether and to what extent the identified offender's criminal history necessitates the implementation of security measures within the long‑term care facility. If the identified offender is a convicted or registered sex offender or if the Department's Criminal History Analysis reveals that the identified offender poses a significant risk of harm to others within the facility, the offender shall be required to have his or her own room within the facility. (e) The Criminal History Analysis Report shall promptly be provided to the following: (1) The long‑term care facility within which the | ||
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(2) The Chief of Police of the municipality in which | ||
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(3) The State of Illinois Long Term Care Ombudsman. (f) The facility shall incorporate the Criminal History Analysis Report into the identified offender's care plan created pursuant to 42 CFR 483.20. (g) If, based on the Criminal History Analysis Report, a facility determines that it cannot manage the identified offender resident safely within the facility, it shall commence involuntary transfer or discharge proceedings pursuant to Section 3‑402. (h) Except for willful and wanton misconduct, any person authorized to participate in the development of a Criminal History Analysis or Criminal History Analysis Report is immune from criminal or civil liability for any acts or omissions as the result of his or her good faith effort to comply with this Section.
(Source: P.A. 94‑752, eff. 5‑10‑06.) |
(210 ILCS 45/2‑202) (from Ch. 111 1/2, par. 4152‑202)
Sec. 2‑202.
(a) Before a person is admitted to a facility, or at the
expiration of the period of previous contract, or when the source of
payment for the resident's care changes from private to public funds or
from public to private funds, a written contract shall be executed between
a licensee and the following in order of priority:
(1) the person, or if the person is a minor, his | ||
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(2) the person's guardian, if any, or agent, if any, | ||
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(3) a member of the person's immediate family.
An adult person shall be presumed to have the capacity to contract for
admission to a long term care facility unless he has been adjudicated a
"disabled person" within the meaning of Section 11a‑2 of the Probate Act
of 1975, or unless a petition for such an adjudication is pending in a
circuit court of Illinois.
If there is no guardian, agent or member of the person's immediate family
available, able or willing to execute the contract required by this Section
and a physician determines that a person is so disabled as to be unable
to consent to placement in a facility, or if a person has already been found
to be a "disabled person", but no order has been entered allowing residential
placement of the person, that person may be admitted to a facility before
the execution of a contract required by this Section; provided that a petition
for guardianship or for modification of guardianship is filed within 15
days of the person's admission to a facility, and provided further that
such a contract is executed within 10 days of the disposition of the petition.
No adult shall be admitted to a facility if he objects, orally or in writing,
to such admission, except as otherwise provided in Chapters III
and IV of the Mental Health and Developmental Disabilities Code or Section
11a‑14.1 of the Probate Act of 1975.
If a person has not executed a contract as required by this Section, then
such a contract shall be executed on or before July 1, 1981, or within 10
days after the disposition of a petition for guardianship or modification
of guardianship that was filed prior to July 1, 1981, whichever is later.
Before a licensee enters a contract under this Section, it shall
provide the prospective resident and his guardian, if any, with written
notice of the licensee's policy regarding discharge of a resident whose
private funds for payment of care are exhausted.
(b) A resident shall not be discharged or transferred at the expiration
of the term of a contract, except as provided in Sections 3‑401 through
3‑423.
(c) At the time of the resident's admission to the facility, a copy of
the contract shall be given to the resident, his guardian, if any, and any
other person who executed the contract.
(d) A copy of the contract for a resident who is supported by
nonpublic funds other than the resident's own funds shall be made
available to the person providing the funds for the resident's support.
(e) The original or a copy of the contract shall be maintained in the
facility and be made available upon request to representatives of the
Department and the Department of Public Aid.
(f) The contract shall be written in clear and unambiguous language
and shall be printed in not less than 12‑point type. The general form
of the contract shall be prescribed by the Department.
(g) The contract shall specify:
(1) the term of the contract;
(2) the services to be provided under the contract | ||
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(3) the services that may be provided to supplement | ||
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(4) the sources liable for payments due under the | ||
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(5) the amount of deposit paid; and
(6) the rights, duties and obligations of the | ||
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(h) The contract shall designate the name of the resident's
representative, if any. The resident shall provide the facility with a copy
of the written agreement between the resident and the resident's representative
which authorizes the resident's representative to inspect and copy the
resident's records and authorizes the resident's representative to execute
the contract on behalf of the resident required by this Section.
(i) The contract shall provide that if the resident is
compelled by a change in physical or mental health to leave the
facility, the contract and all obligations under it shall terminate on 7
days notice. No prior notice of termination of the contract shall be
required, however, in the case of a resident's death. The contract shall also provide
that in all other situations, a
resident may terminate the contract and all obligations under it with 30
days notice. All charges shall be prorated as of the date on which the
contract terminates, and, if any payments have been made in advance, the
excess shall be refunded to the resident. This provision shall not apply
to life‑care contracts through which a facility agrees to provide
maintenance and care for a resident throughout the remainder of his life
nor to continuing‑care contracts through which a facility agrees to
supplement all available forms of financial support in providing
maintenance and care for a resident throughout the remainder of his life.
(j) In addition to all other contract specifications contained in this
Section admission contracts shall also specify:
(1) whether the facility accepts Medicaid clients;
(2) whether the facility requires a deposit of the | ||
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(3) in the event that a deposit is required, a clear | ||
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(4) that all deposits made to a facility by a | ||
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(k) It shall be a business offense for a facility to knowingly and
intentionally both retain a resident's deposit and accept Medicaid
payments on behalf of that resident.
(Source: P.A. 87‑225; 87‑895; 88‑154.)
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(210 ILCS 45/2‑203) (from Ch. 111 1/2, par. 4152‑203)
Sec. 2‑203.
Each facility shall establish a residents' advisory council.
The administrator shall designate a member of the facility staff to coordinate
the establishment of, and render assistance to, the council.
(a) The composition of the residents' advisory council shall be specified
by Department regulation, but no employee or affiliate of a facility shall
be a member of any council.
(b) The council shall meet at least once each month with the staff coordinator
who shall provide assistance to the council in preparing and disseminating
a report of each meeting to all residents, the administrator, and the staff.
(c) Records of the council meetings will be maintained in the office of
the administrator.
(d) The residents' advisory council may communicate to the administrator
the opinions and concerns of the residents. The council shall review procedures
for implementing resident rights, facility responsibilities and make recommendations
for changes or additions which will strengthen the facility's policies and
procedures as they affect residents' rights and facility responsibilities.
(e) The council shall be a forum for:
(1) Obtaining and disseminating information;
(2) Soliciting and adopting recommendations for facility programing and improvements;
(3) Early identification and for recommending orderly resolution of problems.
(f) The council may present complaints as provided in Section 3‑702 on
behalf of a resident to the Department, the Long‑Term Care Facility Advisory
Board created by Section 2‑204, or to any other person it considers appropriate.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑204) (from Ch. 111 1/2, par. 4152‑204)
Sec. 2‑204.
The Director shall appoint a Long‑Term Care Facility Advisory
Board to consult with the Department and the residents' advisory councils
created under Section 2‑203.
(a) The Board shall be comprised of the following persons:
(1) The Director who shall serve as chairman, ex | ||
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(2) One representative each of the Department of | ||
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(3) One member who shall be a physician licensed to | ||
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(4) One member who shall be a registered nurse | ||
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(5) Four members who shall be selected from the | ||
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(6) Two members who shall represent the general | ||
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(7) One member who is a member of a residents' | ||
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(8) One member who shall be selected from the | ||
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(b) The terms of those members of the Board appointed prior to the
effective date of this amendatory Act of 1988 shall expire on December 31,
1988. Members of the Board created by this amendatory Act of 1988 shall be
appointed to serve for terms as follows: 3 for 2 years, 3 for 3 years
and 3 for 4 years. The member of the Board added by this amendatory Act
of 1989 shall be appointed to serve for a term of 4 years. Each successor
member shall be appointed for a term of 4 years. Any member appointed to fill
a vacancy occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the remainder of such term.
The Board shall meet as frequently as the chairman deems necessary, but not
less than 4 times each year. Upon request by 4 or more members the chairman
shall call a meeting of the Board. The affirmative vote of 6 members of the
Board shall be necessary for Board action. A member of the Board can designate
a replacement to serve at the Board meeting and vote in place of the member by
submitting a letter of designation to the chairman prior to or at the
Board meeting. The Board members shall be reimbursed for their actual
expenses incurred in the performance of their duties.
(c) The Advisory Board shall advise the Department of Public Health on
all aspects of its responsibilities under this Act, including the format
and content of any rules promulgated by the Department of Public Health.
Any such rules, except emergency rules promulgated pursuant to Section 5‑45 of
the Illinois Administrative Procedure Act, promulgated without
obtaining the advice of the Advisory Board are null and void. In the event
that the Department fails to follow the advice of the Board, the Department
shall, prior to the promulgation of such rules, transmit a written explanation
of the reason thereof to the Board. During its review of rules, the Board
shall analyze the economic and regulatory impact of those rules. If the
Advisory Board, having been asked for its advice, fails to advise the
Department within 90 days, the rules shall be considered acted upon.
(Source: P.A. 88‑45; 89‑507, eff. 7‑1‑97.)
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(210 ILCS 45/2‑205) (from Ch. 111 1/2, par. 4152‑205)
Sec. 2‑205.
The following information is subject to disclosure to
the public from the Department or the Department of Public Aid:
(1) Information submitted under Sections 3‑103 and 3‑207 except
information concerning the remuneration of personnel licensed,
registered, or certified by the Department of Professional Regulation
and monthly charges for an individual private resident;
(2) Records of license and certification inspections, surveys, and
evaluations of facilities, other reports of inspections, surveys, and
evaluations of resident care, and reports concerning a facility prepared
pursuant to Titles XVIII and XIX of the Social Security Act, subject to
the provisions of the Social Security Act;
(3) Cost and reimbursement reports submitted by a facility under
Section 3‑208, reports of audits of facilities, and other public
records concerning costs incurred by, revenues received by, and
reimbursement of facilities; and
(4) Complaints filed against a facility and complaint investigation
reports, except that a complaint or complaint investigation report shall
not be disclosed to a person other than the complainant or complainant's
representative before it is disclosed to a facility under Section 3‑702,
and, further, except that a complainant or resident's name shall not be
disclosed except under Section 3‑702.
The Department shall disclose information under this Section in
accordance with provisions for inspection and copying of public records
required by The Freedom of Information Act.
However, the disclosure of information described in subsection (1) shall
not be restricted by any provision of The Freedom of Information Act.
(Source: P.A. 85‑1209; 85‑1378.)
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(210 ILCS 45/2‑206) (from Ch. 111 1/2, par. 4152‑206)
Sec. 2‑206.
(a) The Department shall respect the confidentiality of a
resident's record and shall not divulge or disclose the contents of a
record in a manner which identifies a resident, except upon a resident's
death to a relative or guardian, or under judicial proceedings. This
Section shall not be construed to limit the right of a resident to inspect
or copy the resident's records.
(b) Confidential medical, social, personal, or financial information
identifying a resident shall not be available for public inspection in a
manner which identifies a resident.
(Source: P.A. 81‑1349.)
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(210 ILCS 45/2‑207) (from Ch. 111 1/2, par. 4152‑207)
Sec. 2‑207.
(a) Each year the Department shall publish a Directory
for each public health region listing facilities to be made available to
the public and be available at all Department offices. The Department
may charge a fee for the Directory. The Directory shall contain, at a
minimum, the following information:
(1) The name and address of the facility;
(2) The number and type of licensed beds;
(3) The name of the cooperating hospital, if any;
(4) The name of the administrator;
(5) The facility telephone number; and
(6) Membership in a provider association and accreditation by any
such organization.
(b) Detailed information concerning basic costs for care and
operating policies shall be available to the public upon request at each
facility. However, a facility may refuse to make available any proprietary
operating policies to the extent such facility reasonably believes such
policies may be revealed to a competitor.
(Source: P.A. 81‑1349.)
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(210 ILCS 45/2‑208) (from Ch. 111 1/2, par. 4152‑208)
Sec. 2‑208.
A facility shall immediately notify the resident's next of
kin, representative and physician of the resident's death or when the resident's
death appears to be imminent.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑209) (from Ch. 111 1/2, par. 4152‑209)
Sec. 2‑209.
A facility shall admit only that number of residents for which
it is licensed.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑210) (from Ch. 111 1/2, par. 4152‑210)
Sec. 2‑210.
A facility shall establish written policies and procedures
to implement the responsibilities and rights provided in this Article.
The policies shall include the procedure for the investigation and resolution
of resident complaints as set forth under Section 3‑702. The policies and
procedures shall be clear and unambiguous and
shall be available for inspection by any person. A summary of the policies
and procedures, printed in not less than 12 point type, shall be distributed
to each resident and representative.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑211) (from Ch. 111 1/2, par. 4152‑211)
Sec. 2‑211.
Each resident and resident's guardian or other person
acting for the resident shall be given a written explanation, prepared by
the Office of the State Long Term Care Ombudsman, of all the rights
enumerated in Part 1 of this Article and in Part 4 of Article III. For
residents of facilities participating in Title 18 or 19 of the Social
Security Act, the explanation shall include an explanation of residents'
rights enumerated in that Act. The explanation shall be given at the time
of admission to a facility or as soon thereafter as the condition of the
resident permits, but in no event later than 48 hours after admission, and
again at least annually thereafter. At the time of the implementation of
this Act each resident shall be given a written summary of all the rights
enumerated in Part 1 of this Article.
If a resident is unable to read such written explanation, it shall be
read to the resident in a language the resident understands. In the case
of a minor or a person having a guardian or other person acting for him,
both the resident and the parent, guardian or other person acting for the
resident shall be fully informed of these rights.
(Source: P.A. 87‑549.)
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(210 ILCS 45/2‑212) (from Ch. 111 1/2, par. 4152‑212)
Sec. 2‑212.
The facility shall ensure that its staff is familiar with
and observes the rights and responsibilities enumerated in this Article.
(Source: P.A. 81‑223.)
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(210 ILCS 45/2‑215)
Sec. 2‑215.
Conflicts with the Department of Veterans Affairs Act.
If
there is a conflict between the provisions of this Act and the provisions of
the
Department of Veterans Affairs Act concerning an Illinois Veterans Home not
operated by the Department of Veterans' Affairs, then the provisions of this
Act shall apply.
(Source: P.A. 90‑168, eff. 7‑23‑97.)
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