There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - 210 ILCS 45/ Nursing Home Care Act. Article III - Licensing, Enforcement, Violations, Penalties And Remedies
(210 ILCS 45/3‑101) (from Ch. 111 1/2, par. 4153‑101)
Sec. 3‑101.
The Department shall establish a comprehensive system of
licensure for facilities in accordance with this Act for the purposes of:
(1) Protecting the health, welfare, and safety of residents; and
(2) Assuring the accountability for reimbursed care provided in certified
facilities participating in a federal or State health program.
(Source: P.A. 83‑1530.)
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(210 ILCS 45/3‑102) (from Ch. 111 1/2, par. 4153‑102)
Sec. 3‑102.
No person may establish, operate, maintain, offer or advertise
a facility within this State unless and until he obtains a valid license
therefor as hereinafter provided, which license remains unsuspended, unrevoked
and unexpired. No public official or employee may place any person in,
or recommend that any person be placed in, or directly or indirectly cause
any person to be placed in any facility which is being operated without a valid license.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑102.1) (from Ch. 111 1/2, par. 4153‑102.1)
Sec. 3‑102.1.
If the Department is denied access to a private home,
institution, building, residence or any other place which it reasonably
believes is required to be licensed as a facility under this Act, it shall
request intervention of local, county or State law enforcement agencies to
seek an appropriate court order or warrant to examine or interview the
residents of such private home, institution, building, residence or place.
Any person or entity preventing the Department from carrying out its duties
under this Section shall be guilty of a violation of this Act and shall be
subject to such penalties related thereto.
(Source: P.A. 83‑1530.)
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(210 ILCS 45/3‑102.2)
Sec. 3‑102.2.
Supported congregate living arrangement demonstration.
The
Illinois Department may grant no more than 3 waivers from the requirements of
this Act for facilities participating in the supported
congregate living arrangement demonstration. A joint waiver request must be
made by an applicant and the Department on Aging. If the Department on Aging
does not act upon an application within 60 days, the applicant may submit a
written waiver request on its own behalf. The waiver request must include a
specific program plan describing the types of residents to be served and the
services that will be provided in the facility. The Department shall conduct
an on‑site review at each facility annually or as often as necessary to
ascertain compliance with the program plan. The Department may revoke the
waiver if it determines that the facility is not in compliance with the program
plan. Nothing in this Section prohibits the Department from conducting
complaint investigations.
A facility granted a waiver under this Section is not subject to the
Illinois
Health Facilities Planning Act, unless it subsequently
applies for a
certificate
of need to convert to a nursing facility. A facility applying for conversion
shall meet the licensure and
certificate of need requirements in effect as of the date of application, and
this provision may not be waived.
(Source: P.A. 89‑530, eff. 7‑19‑96.)
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(2) All license applications shall be accompanied | ||
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(a) The name and address of the applicant if an | ||
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(b) The name and location of the facility for | ||
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(c) The name of the person or persons under | ||
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(d) The number and type of residents for which | ||
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(e) Such information relating to the number, | ||
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(3) Each initial application shall be accompanied by | ||
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(4) Other information necessary to determine the | ||
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(Source: P.A. 93‑32, eff. 7‑1‑03; 93‑841, eff. 7‑30‑04; 94‑931, eff. 6‑26‑06.)
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(210 ILCS 45/3‑104) (from Ch. 111 1/2, par. 4153‑104)
Sec. 3‑104.
Any city, village or incorporated town may by ordinance
provide for the licensing and regulation of a facility or any
classification of such facility, as defined herein, within such
municipality, provided that the ordinance requires compliance with at
least the minimum requirements established by the Department under this
Act. The licensing and enforcement provisions of the municipality shall
fully comply with this Act, and the municipality shall make available
information as required by this Act. Such compliance shall be
determined by the Department subject to review as provided in Section
3‑703. Section 3‑703 shall also be applicable to the judicial review of
final administrative decisions of the municipality under this Act.
(Source: P.A. 81‑1349.)
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(210 ILCS 45/3‑105) (from Ch. 111 1/2, par. 4153‑105)
Sec. 3‑105.
Any city, village or incorporated town which has or may have
ordinances requiring the licensing and regulation of facilities with
at least the minimum
standards established by the Department under this Act, shall make such
periodic reports to the Department as the Department deems necessary. This
report shall include a list of those facilities licensed by such municipality,
the number of beds of each facility and the date the license of each facility
is effective.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑106) (from Ch. 111 1/2, par. 4153‑106)
Sec. 3‑106.
(a) Upon receipt of notice and proof from an applicant or
licensee that he has received a license or renewal thereof from a city,
village or incorporated town, accompanied by the required license or renewal
fees, the Department shall
issue a license or renewal license to such person. The Department shall
not issue a license hereunder to any person who has failed to qualify for
a municipal license. If the issuance of a license by the
Department antedates regulatory action by a municipality, the municipality
shall issue a local license unless the standards and requirements under
its ordinance or resolution are greater than those prescribed under this Act.
(b) In the event that the standards and requirements under the ordinance
or resolution of the municipality are greater than those prescribed under
this Act, the license issued by the Department shall remain in effect pending
reasonable opportunity provided by the municipality, which shall be not
less than 60 days, for the licensee to comply with the local requirements.
Upon notice by the municipality, or upon the Department's own determination
that the licensee has failed to qualify for a local license, the Department
shall revoke such license.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑107) (from Ch. 111 1/2, par. 4153‑107)
Sec. 3‑107.
The Department and the city, village or incorporated town shall
have the right at any time to visit and inspect the premises and personnel
of any facility for the purpose of determining whether the applicant or
licensee is in compliance with this Act or with the local ordinances which
govern the regulation of the facility. The Department may survey any former
facility which once held a license to ensure that the facility is not again
operating without a license. Municipalities may charge a reasonable license
or renewal fee for the regulation of facilities, which fees shall be in
addition to the fees paid to the Department.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑107.1) (from Ch. 111 1/2, par. 4153‑107.1)
Sec. 3‑107.1.
Notwithstanding any other provision of this Act, the Attorney
General, the State's Attorneys and various law enforcement agencies of
this State and its political subdivisions shall have full and open access
to any facility pursuant to Article 108 of the Code of Criminal Procedure
of 1963 in the exercise of their investigatory and prosecutorial
powers in the enforcement of the criminal laws of this State. Furthermore,
the Attorney General, the State's Attorneys and law enforcement agencies
of this State shall inform the Department of any violations of this Act of
which they have knowledge. Disclosure of matters before a grand jury shall
be made in accordance with Section 112‑6 of the Code of Criminal Procedure of 1963.
(Source: P.A. 83‑1530.)
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(210 ILCS 45/3‑108) (from Ch. 111 1/2, par. 4153‑108)
Sec. 3‑108.
The Department shall coordinate the functions within State
government affecting facilities licensed under this Act and shall cooperate
with other State agencies which establish standards or requirements for
facilities to assure necessary, equitable, and consistent State supervision
of licensees without unnecessary duplication of survey, evaluation, and
consultation services or complaint investigations. The Department shall
cooperate with the Department of Human Services in regard to facilities
containing more than 20%
of residents for whom the Department of Human Services has mandated
follow‑up responsibilities under the Mental Health and Developmental
Disabilities
Administrative Act.
The Department shall cooperate with the Department of Public Aid in regard
to facilities where recipients of public aid are residents.
The Department shall immediately refer to the Department of Professional
Regulation for investigation any credible evidence of which it has knowledge
that an individual licensed by that Department has violated this Act or any
rule issued under this Act.
The Department shall enter into agreements with other State Departments,
agencies or commissions to effectuate the purpose of this Section.
(Source: P.A. 89‑197, eff. 7‑21‑95; 89‑507, eff. 7‑1‑97.)
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(210 ILCS 45/3‑108a)
Sec. 3‑108a.
(Repealed).
(Source: P.A. 89‑507, eff. 7‑1‑97. Repealed by P.A. 91‑798, eff. 7‑9‑00.)
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(210 ILCS 45/3‑109) (from Ch. 111 1/2, par. 4153‑109)
Sec. 3‑109.
Upon receipt and review of an application for a license
made under this Article and inspection of the applicant facility under
this Article, the Director shall issue a license if he finds:
(1) That the individual applicant, or the corporation, partnership
or other entity if the applicant is not an individual, is a person
responsible and suitable to operate or to direct or participate in the
operation of a facility by virtue of financial capacity, appropriate
business or professional experience, a record of compliance with lawful
orders of the Department and lack of revocation of a license during the
previous 5 years;
(2) That the facility is under the supervision of an administrator
who is licensed, if required, under the "Nursing Home Administrators Licensing Act",
as now or hereafter amended; and
(3) That the facility is in substantial compliance with this Act,
and such other requirements for a license as the Department by rule may
establish under this Act.
(Source: P.A. 81‑1349.)
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(210 ILCS 45/3‑110) (from Ch. 111 1/2, par. 4153‑110)
Sec. 3‑110.
(a) Any license granted by the Director shall state the
maximum
bed capacity for which it is granted, the date the license was issued,
and the expiration date. Except as provided in subsection (b), such
licenses shall normally be issued for a
period of one year. However, the Director may issue licenses or renewals
for periods of not less than 6 months nor more than 18 months for
facilities with annual licenses and not less than 18 months nor more than
30 months for facilities with 2‑year licenses in order to
distribute the expiration dates of such licenses throughout the calendar
year, and fees for such licenses shall be prorated on the basis of the
portion of a year for which they are issued. Each license shall be issued
only for the premises and persons named in the application and shall not be
transferable or assignable.
The Department shall require the licensee to comply with the requirements
of a court order issued under Section 3‑515, as a condition of licensing.
(b) A license for a period of 2 years shall be issued to a
facility if the facility:
(1) has not received a Type A violation within the | ||
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(2) has not received a Type B violation within the | ||
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(3) has not had an inspection, survey, or evaluation | ||
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(4) has not had an inspection, survey, or evaluation | ||
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(5) has not been issued an order to reimburse a | ||
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(6) has not been subject to sanctions or | ||
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If a facility with a 2‑year license fails to meet the conditions
in items (1) through (6) of this subsection, in
addition to any other sanctions that may be applied by the Department
under this Act, the facility's 2‑year license shall be replaced by a
one‑year license until such time as the facility again meets the conditions in
items (1) through (6) of this subsection.
(Source: P.A. 87‑549; 87‑1102.)
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(210 ILCS 45/3‑111) (from Ch. 111 1/2, par. 4153‑111)
Sec. 3‑111.
The issuance or renewal of a license after notice of a violation
has been sent shall not constitute a waiver by the Department of its power
to rely on the violation as the basis for subsequent license revocation
or other enforcement action under this Act arising out of the notice of violation.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑112) (from Ch. 111 1/2, par. 4153‑112)
Sec. 3‑112.
(a) Whenever ownership of a facility is transferred from the
person named in the license to any other person, the transferee must obtain
a new probationary license. The transferee shall notify the Department of
the transfer and apply for a new license at least 30 days prior to final transfer.
(b) The transferor shall notify the Department at least 30 days prior
to final transfer. The transferor shall remain responsible for the operation
of the facility until such time as a license is issued to the transferree.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑113) (from Ch. 111 1/2, par. 4153‑113)
Sec. 3‑113.
The license granted to the transferee shall be subject to
the plan of correction submitted by the previous owner and approved by the
Department and any conditions contained in a conditional license issued
to the previous owner. If there are outstanding violations and no approved
plan of correction has been implemented, the Department may issue a conditional
license and plan of correction as provided in Sections 3‑311
through 3‑317.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(210 ILCS 45/3‑114) (from Ch. 111 1/2, par. 4153‑114)
Sec. 3‑114.
The transferor shall remain liable for all penalties assessed
against the facility which are imposed for violations occurring prior to
transfer of ownership.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑115) (from Ch. 111 1/2, par. 4153‑115)
Sec. 3‑115.
License renewal application.
At least 120 days but not more
than 150 days prior to license
expiration, the licensee shall submit an application
for renewal of the license in such form and containing such information
as the Department requires. If the application is approved, the license
shall be renewed in accordance with Section 3‑110.
The renewal application for a sheltered care or long‑term care facility shall
not be
approved unless the applicant has provided to the Department an accurate
disclosure document in accordance with the Alzheimer's Special Care
Disclosure
Act.
If application for renewal
is not timely filed, the Department shall so inform the licensee.
(Source: P.A. 90‑341, eff. 1‑1‑98; 91‑215, eff. 7‑20‑99.)
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(210 ILCS 45/3‑116) (from Ch. 111 1/2, par. 4153‑116)
Sec. 3‑116.
If the applicant has not been previously licensed or if the
facility is not in operation at the time application is made, the Department
shall issue only a probationary license. A probationary license shall be
valid for 120 days unless sooner suspended or revoked under Section 3‑119.
Within 30 days prior to the termination of a probationary license, the Department
shall fully and completely inspect the facility and, if the facility meets
the applicable requirements for licensure, shall issue a license under Section
3‑109. If the Department finds that the facility does not meet the requirements
for licensure but has made substantial progress toward meeting those requirements,
the license may be renewed once for a period not to exceed 120 days from
the expiration date of the initial probationary license.
(Source: P.A. 81‑223.)
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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;
(2) Conviction of the applicant, or if the applicant is a firm,
partnership or association, of any of its members, or if a corporation,
the conviction of the corporation or any of its officers or
stockholders, or of the person designated to manage or supervise the
facility, of a felony, or of 2 or more misdemeanors involving moral
turpitude, during the previous 5 years as shown by a certified copy
of the record of the court of conviction;
(3) Personnel insufficient in number or unqualified by training or
experience to properly care for the proposed number and type of residents;
(4) Insufficient financial or other resources to operate and conduct
the facility in accordance with standards promulgated by the Department
under this Act;
(5) Revocation of a facility license during the previous 5 years, if
such prior license was issued to the individual applicant, a controlling
owner or controlling combination of owners of the applicant; or any
affiliate of the individual applicant or controlling owner of the applicant
and such individual applicant, controlling owner of the applicant or
affiliate of the applicant was a controlling owner of the prior license;
provided, however, that the denial of an application for a license pursuant
to this subsection must be supported by evidence that such prior revocation
renders the applicant unqualified or incapable of meeting or maintaining
a facility in accordance with the standards and rules promulgated by the
Department under this Act; or
(6) That the facility is not under the direct supervision of a full‑time
administrator, as defined by regulation, who is licensed, if required,
under the Nursing Home Administrators Licensing Act.
(Source: P.A. 85‑1337.)
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(210 ILCS 45/3‑118) (from Ch. 111 1/2, par. 4153‑118)
Sec. 3‑118.
Immediately upon the denial of any application or reapplication
for a license under this Article, the Department shall notify the applicant
in writing. Notice of denial shall include a clear and concise statement
of the violations of Section 3‑117 on which denial is based and notice of
the opportunity for a hearing under Section 3‑703. If the applicant desires
to contest the denial of a license, it shall provide written notice to the
Department of a request for a hearing within 10 days after receipt of the
notice of denial. The Department shall commence the hearing under Section 3‑703.
(Source: P.A. 81‑223.)
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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;
(2) Conviction of the licensee, or of the person designated to manage
or supervise the facility, of a felony, or of 2 or more misdemeanors
involving moral turpitude, during the previous 5 years as shown by a
certified copy of the record of the court of conviction;
(3) Personnel is insufficient in number or unqualified by
training or experience to properly care for the number and
type of residents served by the facility;
(4) Financial or other resources are insufficient to conduct
and operate the facility in accordance with standards promulgated by the
Department under this Act; and
(5) The facility is not under the direct supervision of a full‑time
administrator, as defined by regulation, who is licensed, if required,
under the Nursing Home Administrators Licensing Act.
(b) Notice under this Section shall include a clear and concise
statement of the violations on which the nonrenewal or revocation is
based, the statute or rule violated and notice of the opportunity for a
hearing under Section 3‑703.
(c) If a facility desires to contest the nonrenewal or revocation of
a license, the facility shall, within 10 days after receipt of notice
under subsection (b) of this Section, notify the Department in writing
of its request for a hearing under Section 3‑703. Upon receipt of the
request the Department shall send notice to the facility and hold a
hearing as provided under Section 3‑703.
(d) The effective date of nonrenewal or revocation of a license by
the Department shall be any of the following:
(1) Until otherwise ordered by the circuit court, revocation is
effective on the date set by the Department in the notice of revocation,
or upon final action after hearing under Section 3‑703, whichever is later;
(2) Until otherwise ordered by the circuit court, nonrenewal is
effective on the date of expiration of any existing license, or upon
final action after hearing under Section 3‑703, whichever is later; however,
a license shall not be deemed to have expired if the Department fails to
timely respond to a timely request for renewal under this Act or for a hearing
to contest nonrenewal under paragraph (c); or
(3) The Department may extend the effective date of license
revocation or expiration in any case in order to permit orderly removal
and relocation of residents.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay any final assessment
of tax, penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(Source: P.A. 85‑1337.)
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(210 ILCS 45/3‑201) (from Ch. 111 1/2, par. 4153‑201)
Sec. 3‑201.
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. 81‑223.)
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(210 ILCS 45/3‑202) (from Ch. 111 1/2, par. 4153‑202)
Sec. 3‑202.
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.
(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. 83‑1530.)
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(210 ILCS 45/3‑202.1) (from Ch. 111 1/2, par. 4153‑202.1)
Sec. 3‑202.1.
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. 83‑1530.)
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(210 ILCS 45/3‑202.2)
Sec. 3‑202.2.
Rules; residents with mental illness.
No later than January 1, 2001, the Department of Public Health shall file with
the Joint Committee on Administrative Rules, pursuant to the Illinois
Administrative Procedure Act, a proposed rule, or a proposed amendment to
an existing rule, regarding the provision of services, including
assessment, care planning, discharge planning, and treatment, by nursing
facilities to residents who have a serious mental illness.
(Source: P.A. 91‑799, eff. 6‑13‑00.)
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(210 ILCS 45/3‑202.5)
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 | ||
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(2) the construction, major alteration, or addition | ||
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(3) the law or rules have not been amended since the | ||
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(4) the conditions at the facility indicate that | ||
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(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, | ||
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(4) If the estimated dollar value of the alteration, | ||
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(5) If the estimated dollar value of the alteration, | ||
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(6) If the estimated dollar value of the alteration, | ||
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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.
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) (1) The provisions of this amendatory Act of 1997 | ||
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(2) On and after the effective date of this | ||
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(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. 90‑327, eff. 8‑8‑97; 90‑600, eff. 6‑25‑98; 91‑712, eff. 7‑1‑00.)
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(210 ILCS 45/3‑203) (from Ch. 111 1/2, par. 4153‑203)
Sec. 3‑203.
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. 88‑380; 89‑507, eff. 7‑1‑97.)
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(210 ILCS 45/3‑204) (from Ch. 111 1/2, par. 4153‑204)
Sec. 3‑204.
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. 81‑223.)
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(210 ILCS 45/3‑205) (from Ch. 111 1/2, par. 4153‑205)
Sec. 3‑205.
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. 81‑223.)
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(210 ILCS 45/3‑206) (from Ch. 111 1/2, par. 4153‑206)
Sec. 3‑206.
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 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 | ||
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(2) Be able to speak and understand the English | ||
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(3) Provide evidence of employment or occupation, if | ||
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(4) Have completed at least 8 years of grade school | ||
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(5) Begin a current course of training for nursing | ||
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The Department may accept comparable training in | ||
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The facility shall develop and implement procedures, | ||
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At the time of each regularly scheduled licensure | ||
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(6) Be familiar with and have general skills related | ||
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(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 on or
after January 1, 1996 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. 91‑598, eff. 1‑1‑00.)
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(210 ILCS 45/3‑206.01) (from Ch. 111 1/2, par. 4153‑206.01)
Sec. 3‑206.01.
Nurse aide 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 nurse aide registry records
of findings as reported by the Inspector General or remove from
the nurse aide registry records of findings as reported by the
Department of Human Services, under Section 6.2 of the Abused
and Neglected Long Term Care Facility Residents Reporting Act.
(Source: P.A. 91‑598, eff. 1‑1‑00; 92‑473, eff. 1‑1‑02; 92‑651, eff.
7‑11‑02.)
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(210 ILCS 45/3‑206.02) (from Ch. 111 1/2, par. 4153‑206.02)
Sec. 3‑206.02.
(a) The Department, after notice to the nursing assistant,
habilitation aide, or child care aide, may denote that the
Department has found any of the following:
(1) The nursing assistant, habilitation aide, or | ||
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(2) The nursing assistant, habilitation aide, or | ||
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(3) The nursing assistant, habilitation aide, or | ||
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(4) The nursing assistant, habilitation aide, or | ||
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(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 denote 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. 91‑598, eff. 1‑1‑00.)
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(210 ILCS 45/3‑206.03)
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 | ||
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The term "resident attendant" does not include an individual who:
(1) is a licensed health professional or a | ||
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(2) volunteers without monetary compensation;
(3) is a nurse assistant; or
(4) performs any nursing or nursing‑related services | ||
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(b) A facility may employ resident attendants to
assist the nurse aides with the activities authorized under
subsection (a). The resident attendants shall not count
in the minimum staffing requirements under rules implementing this Act.
(c) A facility may not use on a full‑time or other paid basis any individual
as a resident attendant
in the facility unless the individual:
(1) has completed a training and competency | ||
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(2) is competent to provide feeding, hydration, and | ||
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(d) The training and competency evaluation program may be facility‑based.
It may include one or more of the following units:
(1) A feeding unit that is a maximum of 5 hours in | ||
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(2) A hydration unit that is a maximum of 3 hours in | ||
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(3) A personal hygiene unit that is a maximum of 5 | ||
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These programs must be reviewed and approved
by the Department
every 2 years.
(f) A person seeking employment as a resident attendant is subject to the
Health Care Worker Background Check Act.
(Source: P.A. 91‑461, eff. 8‑6‑99.)
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(210 ILCS 45/3‑206.04)
Sec. 3‑206.04.
Certified Nurse Assistant Career Ladders Program.
The Department shall convene a task force to determine the feasibility and
curriculum for a Certified Nurse Assistant
Career Ladders Program. Any such program shall articulate with licensed
practical
nurse education. The task force shall be
comprised of 2 members from Illinois public community college faculty, one of
whom shall be a registered professional nurse,
2 members from the nursing home community, one of whom shall be a registered
professional nurse, one member who is a
Certified Nurse Assistant Educator, and representatives from the Department.
The task
force shall report its findings and recommendations to the General Assembly on
or before January 1, 2002.
(Source: P.A. 92‑190, eff. 8‑1‑01.)
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(210 ILCS 45/3‑206.1) (from Ch. 111 1/2, par. 4153‑206.1)
Sec. 3‑206.1.
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 Department shall discuss with the
new owner all noted problems associated with the facility and shall
determine what additional training, if any, is needed for the direct care
staff.
(Source: P.A. 86‑1013.)
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(210 ILCS 45/3‑207) (from Ch. 111 1/2, par. 4153‑207)
Sec. 3‑207.
(a) As a condition of the issuance or renewal of the license of
any facility, the applicant shall file a statement of ownership. The applicant
shall update the information required in the statement of ownership
within 10 days of any change.
(b) The statement of ownership shall include the following:
(1) The name, address, telephone number, occupation or business activity,
business address and business telephone number of the person who is the
owner of the facility and every person who owns the building in which the
facility is located, if other than the owner of the facility, which is the
subject of the application or license; and if the owner is a partnership or
corporation, the name of every partner and stockholder of the owner;
(2) The name and address of any facility, wherever located, any
financial interest in which is owned by the applicant, if the facility were
required to be licensed if it were located in this State;
(3) Other information necessary to determine the identity and
qualifications of an applicant or licensee to operate a facility in
accordance with this Act as required by the Department in regulations.
(c) The information in the statement of ownership shall be public
information and shall be available from the Department.
(Source: P.A. 85‑1183.)
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(210 ILCS 45/3‑208) (from Ch. 111 1/2, par. 4153‑208)
Sec. 3‑208.
(a) Each licensee shall file annually, or more often as
the Director shall by rule prescribe, an attested financial statement.
The Director may order an audited financial statement
of a particular facility by an auditor of the Director's choice, provided
the cost of such audit is paid by the Department.
(b) No public funds shall be expended for the maintenance of any
resident in a facility which has failed to file the financial statement
required under this Section and no public funds shall be paid to or on
behalf of a facility which has failed to file a statement.
(c) The Director of Public Health and the Director of Public Aid
shall promulgate under Sections 3‑801 and 3‑802, one set of regulations
for the filing of these financial statements, and shall provide in these
regulations for forms, required information, intervals and dates of
filing and such other provisions as they may deem necessary.
(d) The Director of Public Health and the Director of Public Aid
shall seek the advice and comments of other State and federal agencies
which require the submission of financial data from facilities licensed
under this Act and shall incorporate the information requirements of
these agencies so as to impose the least possible burden on licensees.
No other State agency may require submission of financial data except as
expressly authorized by law or as necessary to meet requirements of
federal statutes or regulations. Information obtained under this Section
shall be made available, upon request, by the Department to any other
State agency or legislative commission to which such information is
necessary for investigations or required for the purposes of State or
federal law or regulation.
(Source: P.A. 81‑1349.)
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(210 ILCS 45/3‑209) (from Ch. 111 1/2, par. 4153‑209)
Sec. 3‑209.
Every facility shall conspicuously post for display in an
area of its offices accessible to residents, employees, and visitors the
following:
(1) Its current license;
(2) A description, provided by the Department, of complaint
procedures established under this Act and the name, address, and
telephone number of a person authorized by the Department to receive
complaints;
(3) A copy of any order pertaining to the facility issued by the
Department or a court; and
(4) A list of the material available for public inspection under
Section 3‑210.
(Source: P.A. 81‑1349.)
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(210 ILCS 45/3‑210) (from Ch. 111 1/2, par. 4153‑210)
Sec. 3‑210.
A facility shall retain the following for public inspection:
(1) A complete copy of every inspection report of the facility received
from the Department during the past 5 years;
(2) A copy of every order pertaining to the facility issued by the
Department or a court during the past 5 years;
(3) A description of the services provided by the facility and the rates
charged for those services and items for which a resident may be separately charged;
(4) A copy of the statement of ownership required by Section 3‑207;
(5) A record of personnel employed or retained by the facility who are
licensed, certified or registered by the Department of Professional
Regulation; and
(6) A complete copy of the most recent inspection report of the facility
received from the Department.
(Source: P.A. 85‑1209)
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(210 ILCS 45/3‑211) (from Ch. 111 1/2, par. 4153‑211)
Sec. 3‑211.
No State or federal funds which are appropriated by the General
Assembly or which pass through the General Revenue Fund or any special fund
in the State Treasury, shall be paid to a facility not having a license
issued under this Act.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑212) (from Ch. 111 1/2, par. 4153‑212)
Sec. 3‑212.
Inspection.
(a) The Department, whenever it deems necessary in
accordance with subsection (b), shall inspect, survey and evaluate every
facility to determine compliance with applicable licensure requirements and
standards. An inspection should occur within 120 days prior
to license renewal. The Department may periodically visit a facility for the
purpose of consultation. An inspection, survey, or evaluation, other than
an inspection of financial records, shall be conducted without prior notice
to the facility. A visit for the sole purpose of consultation may be
announced.
The Department shall provide training to surveyors about the appropriate
assessment, care planning, and care of persons with mental illness (other than
Alzheimer's disease or related disorders) to enable its surveyors to
determine whether a facility is complying with State and federal requirements
about the assessment, care planning, and care of those persons.
(a‑1) An employee of a State or unit of local government agency
charged with inspecting, surveying, and evaluating facilities who directly
or indirectly gives prior notice of an inspection, survey, or evaluation,
other than an inspection of financial records, to a facility or to an
employee of a facility is guilty of a Class A misdemeanor.
An inspector or an employee of the Department who intentionally prenotifies
a facility,
orally or in writing, of a pending complaint investigation or inspection shall
be guilty of a Class A misdemeanor.
Superiors of persons who have prenotified a facility shall be subject to the
same penalties, if they have knowingly allowed the prenotification. A person
found guilty of prenotifying a facility shall be subject to disciplinary action
by his or her employer.
If the Department has a good faith belief, based upon information that comes
to its attention, that a violation of this subsection has occurred, it must
file a complaint with the Attorney General or the State's Attorney in the
county where the violation
took place within 30 days after discovery of the information.
(a‑2) An employee of a State or unit of local government agency charged with
inspecting, surveying, or evaluating facilities who willfully profits from
violating the confidentiality of the inspection, survey, or evaluation
process shall be guilty of a Class 4 felony and that conduct shall be deemed
unprofessional conduct that may subject a person to loss of his or her
professional license. An action to prosecute a person for violating this
subsection (a‑2) may be brought by either the Attorney General or the State's
Attorney in the county where the violation took place.
(b) In determining whether to make more than the required number of
unannounced inspections, surveys and evaluations of a facility the
Department shall consider one or more of the following: previous inspection
reports; the facility's history of compliance with standards, rules and
regulations promulgated under this Act and correction of violations,
penalties or other enforcement actions; the number and severity of
complaints received about the facility; any allegations of resident abuse
or neglect; weather conditions; health emergencies; other reasonable belief
that deficiencies exist.
(b‑1) The Department shall not be required to determine whether a
facility certified to participate in the Medicare program under Title XVIII of
the Social Security Act, or the Medicaid program under Title XIX of the Social
Security Act, and which the Department determines by inspection under this
Section or under Section 3‑702 of this Act to be in compliance with the
certification requirements of Title XVIII or XIX, is in compliance with any
requirement of this Act that is less stringent than or duplicates a federal
certification requirement. In accordance with subsection (a) of this Section
or subsection (d) of Section 3‑702, the Department shall determine whether a
certified facility is in
compliance with requirements of this Act that exceed federal certification
requirements. If a certified facility is found to be out of compliance with
federal certification requirements, the results of an inspection conducted
pursuant to Title XVIII or XIX of the Social Security Act may be used as the
basis for enforcement remedies authorized and commenced under this Act.
Enforcement of this Act against a certified facility shall be commenced
pursuant to the requirements of this Act, unless enforcement remedies sought
pursuant to Title XVIII or XIX of the Social Security Act exceed those
authorized by this Act. As used in this subsection, "enforcement remedy"
means a sanction for violating a federal certification requirement or this
Act.
(c) Upon completion of each inspection, survey and evaluation, the
appropriate Department personnel who conducted the inspection, survey or
evaluation shall submit a copy of their report to the licensee upon exiting
the facility, and shall submit the actual report to the appropriate
regional office of the Department. Such report and any recommendations for
action by the Department under this Act shall be transmitted to the
appropriate offices of the associate director of the Department, together
with related comments or documentation provided by the licensee which may
refute findings in the report, which explain extenuating circumstances that
the facility could not reasonably have prevented, or which indicate methods
and timetables for correction of deficiencies described in the report.
Without affecting the application of subsection (a) of Section 3‑303, any
documentation or comments of the licensee shall be provided within 10
days of receipt of the copy of the report. Such report shall recommend to
the Director appropriate action under this Act with respect to findings
against a facility. The Director shall then determine whether the report's
findings constitute a violation or violations of which the facility must be
given notice. Such determination shall be based upon the severity of the
finding, the danger posed to resident health and safety, the comments and
documentation provided by the facility, the diligence and efforts to
correct deficiencies, correction of the reported deficiencies, the
frequency and duration of similar findings in previous reports and the
facility's general inspection history. Violations shall be determined
under this subsection no later than 60 days after completion of each
inspection, survey and evaluation.
(d) The Department shall maintain all inspection, survey and evaluation
reports for at least 5 years in a manner accessible to and understandable
by the public.
(Source: P.A. 91‑799, eff. 6‑13‑00; 92‑209, eff. 1‑1‑02.)
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(210 ILCS 45/3‑213) (from Ch. 111 1/2, par. 4153‑213)
Sec. 3‑213.
The Department shall require periodic reports and shall have
access to and may reproduce or photocopy at its cost any books, records,
and other documents maintained by the facility to the extent necessary to
carry out this Act and the rules promulgated under this Act. The Department
shall not divulge or disclose the contents of a record under this Section
in violation of Section 2‑206 or as otherwise prohibited by this Act.
(Source: P.A. 83‑1530.)
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(210 ILCS 45/3‑214) (from Ch. 111 1/2, par. 4153‑214)
Sec. 3‑214.
Any holder of a license or applicant for a license shall be
deemed to have given consent to any authorized officer, employee or agent
of the Department to enter and inspect the facility in accordance with this
Article. Refusal to permit such entry or inspection shall constitute grounds
for denial, nonrenewal or revocation of a license as provided in Sections
3‑117 or 3‑119 of this Act.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑215) (from Ch. 111 1/2, par. 4153‑215)
Sec. 3‑215.
The Department shall make at least one report on each facility
in the State annually, unless the facility has been issued a 2‑year
license under subsection (b) of Section 3‑110 for which the report shall be
made every 2 years. All conditions and practices not in compliance with
applicable standards within the report period shall be
specifically stated.
If a violation is corrected or is subject to an approved plan of correction,
the same shall be specified in the report. The Department shall
send a copy to any person on receiving a written request. The Department
may charge a reasonable fee to cover copying costs.
(Source: P.A. 87‑1102.)
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(210 ILCS 45/3‑301) (from Ch. 111 1/2, par. 4153‑301)
Sec. 3‑301.
If after receiving the report specified in subsection (c)
of Section 3‑212 the Director or his designee determines that a facility is
in violation of this Act or of any rule promulgated thereunder, he shall
serve a notice of violation upon the licensee within 10 days thereafter.
Each notice of violation shall be prepared in
writing and shall specify the nature of the violation, and the statutory
provision or rule alleged to have been violated. The notice shall
inform the licensee of any action the Department may take under the Act,
including the requirement of a facility plan of correction under Section
3‑303; placement of the facility on a list prepared under Section 3‑304;
assessment of a penalty under Section 3‑305; a conditional license
under Sections 3‑311 through 3‑317; or license suspension or revocation
under Section 3‑119. The Director or his designee shall
also inform the licensee of rights to a hearing under Section 3‑703.
(Source: P.A. 85‑1378.)
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(210 ILCS 45/3‑302) (from Ch. 111 1/2, par. 4153‑302)
Sec. 3‑302.
Each day the violation exists after the date upon which a
notice of violation is served under Section 3‑301 shall constitute a
separate violation for purposes of assessing penalties or fines under
Section 3‑305. The submission of a plan of correction pursuant to
subsection (b) of Section 3‑303 does not prohibit or preclude the
Department from assessing penalties or fines pursuant to Section 3‑305 for
those violations found to be valid except as provided under Section 3‑308
in relation to Type "B" violations. No penalty or fine may be
assessed for a condition for which the facility has received a variance or
waiver of a standard.
(Source: P.A. 85‑1378.)
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(210 ILCS 45/3‑303) (from Ch. 111 1/2, par. 4153‑303)
Sec. 3‑303.
(a) The situation, condition or practice constituting a Type
"A" violation shall be abated or eliminated immediately unless a fixed period
of time, not exceeding 15 days, as determined by the Department and specified
in the notice of violation, is required for correction.
(b) At the time of issuance of a notice of a Type "B" violation,
the Department shall request a plan of correction which is subject to the
Department's approval. The facility shall have 10 days after receipt of
notice of violation in which to prepare and submit a plan of correction.
The Department may extend this period up to 30 days where correction involves
substantial capital improvement. The plan shall include a fixed time period
not in excess of 90 days within which violations are to be corrected. If
the Department rejects a plan of correction, it shall send notice of the
rejection and the reason for the rejection to the facility. The facility
shall have 10 days after receipt of the notice of rejection in which to
submit a modified plan. If the modified plan is not timely submitted, or
if the modified plan is rejected, the facility shall follow an approved
plan of correction imposed by the Department.
(c) If the violation has been corrected prior to submission and approval
of a plan of correction, the facility may submit a report of correction
in place of a plan of correction. Such report shall be signed by the
administrator under oath.
(d) Upon a licensee's petition, the Department shall determine whether
to grant a licensee's request for an extended correction time. Such petition
shall be served on the Department prior to expiration of the correction
time originally approved. The burden of proof is on the petitioning facility
to show good cause for not being able to comply with the original correction
time approved.
(e) If a facility desires to contest any Department action under this
Section it shall send a written request for a hearing under Section 3‑703
to the Department within 10 days of receipt of notice of the contested action.
The Department shall commence the hearing as provided under Section 3‑703.
Whenever possible, all action of the Department under this Section arising
out of a violation shall be contested and determined at a single hearing.
Issues decided after a hearing may not be reheard at subsequent hearings
under this Section.
(Source: P.A. 85‑1378.)
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(210 ILCS 45/3‑303.1) (from Ch. 111 1/2, par. 4153‑303.1)
Sec. 3‑303.1.
Upon application by a facility, the Director may grant
or renew the waiver of the facility's compliance with a rule or standard
for a period not to exceed the duration of the current license or, in the
case of an application for license renewal, the duration of the renewal
period. The waiver may be conditioned upon the
facility taking action
prescribed by the Director as a measure equivalent to compliance.
In determining whether to grant or renew a waiver, the Director shall consider
the duration and basis for any current waiver with respect to the same rule
or standard and the validity and effect upon patient health and safety of
extending it on the same basis, the effect upon the health and safety of
residents, the quality of resident
care, the facility's history of compliance with the rules and standards
of this Act and the facility's attempts to comply
with the particular rule or standard in question. The Department may
provide, by rule, for the automatic renewal of waivers concerning physical
plant requirements upon the renewal of a license. The Department shall
renew waivers relating to physical plant standards issued pursuant to this
Section at the time of the indicated reviews, unless it can show why such
waivers should not be extended for the following reasons:
(a) the condition of the physical plant has deteriorated or its use
substantially changed so that the basis upon which the waiver was issued is
materially different; or
(b) the facility is renovated or substantially remodeled in such a way
as to permit compliance with the applicable rules and standards without
substantial increase in cost.
A copy of each waiver application and each waiver granted or renewed shall
be on file with the Department and available for public inspection. The
Director shall annually review such file and recommend to the Long Term
Care Facility Advisory Board any modification in rules or standards suggested
by the number and nature of waivers requested and granted and the difficulties
faced in compliance by similarly situated facilities.
(Source: P.A. 85‑1216.)
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(210 ILCS 45/3‑303.2) (from Ch. 111 1/2, par. 4153‑303.2)
Sec. 3‑303.2.
(a) If the Department finds a situation, condition or
practice which violates this Act or any rule promulgated thereunder which
does not directly threaten the health, safety or welfare of a resident, the
Department shall issue an administrative warning. Any administrative
warning shall be served upon the facility in the same manner as the notice
of violation under Section 3‑301. The facility shall be responsible for
correcting the situation, condition or practice; however, no written plan
of correction need be submitted for an administrative warning, except for
violations of Sections 3‑401 through 3‑413 or the rules promulgated
thereunder. A written plan of correction is required to be filed for an
administrative warning issued for violations of Sections 3‑401 through
3‑413 or the rules promulgated thereunder.
(b) If, however, the situation, condition or practice which resulted in
the issuance of an administrative warning, with the exception of
administrative warnings issued pursuant to Sections 3‑401 through 3‑413 or
the rules promulgated thereunder, is not corrected by the next
on‑site inspection by the Department which occurs no earlier than 90 days
from the issuance of the administrative warning, a written plan of
correction must be submitted in the same manner as provided in subsection
(b) of Section 3‑303.
(Source: P.A. 87‑549.)
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(2) sent a notice of license revocation under Section | ||
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(3) sent a notice refusing renewal of a license under | ||
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(4) sent a notice to suspend a license under Section | ||
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(5) issued a conditional license for violations that | ||
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(6) placed a monitor under subsections (a), (b) and | ||
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(7) initiated an action to appoint a receiver;
(8) recommended to the Director of the Department of | ||
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(b) In addition to the name and address of the facility, | ||
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(c) The list shall be available to any member of the public upon oral
or written request without charge.
(Source: P.A. 85‑1378 .)
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(210 ILCS 45/3‑304.1)
Sec. 3‑304.1.
Public computer access to information.
(a) The Department must make information regarding nursing homes in the
State
available to the public in electronic form on the World Wide Web, including all
of the
following information:
(1) who regulates nursing homes;
(2) information in the possession of the Department | ||
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(3) deficiencies and plans of correction;
(4) enforcement remedies;
(5) penalty letters;
(6) designation of penalty monies;
(7) the U.S. Department of Health and Human | ||
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(8) advisory standards;
(9) deficiency‑free surveys; and
(10) enforcement actions and enforcement summaries.
(b) No fee or other charge may be imposed by the Department as a condition
of accessing the information.
(c) The electronic public access provided through the World Wide Web shall
be
in addition to any other electronic or print distribution of the information.
(d) The information shall be made available as provided in this Section in
the
shortest practicable time after it is publicly available in any other form.
(Source: P.A. 91‑290, eff. 1‑1‑00.)
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(210 ILCS 45/3‑305) (from Ch. 111 1/2, par. 4153‑305)
Sec. 3‑305.
The license of a facility which is in violation of this Act
or any rule adopted thereunder may be subject to the penalties or fines
levied by the Department as specified in this Section.
(1) Unless a greater penalty or fine is allowed under subsection
(3), a licensee who commits a Type "A" violation as defined in Section
1‑129 is automatically issued a conditional license for a period of 6 months
to coincide with an acceptable plan of correction and assessed a fine
computed at a rate of $5.00 per resident in the facility plus 20 cents per
resident for each day of the violation, commencing on the date a notice of
the violation is served under Section 3‑301 and ending on the date the
violation is corrected, or a fine of not less than $5,000, or when death,
serious mental or physical harm, permanent disability, or disfigurement
results, a fine of not less than $10,000, whichever is greater.
(2) A licensee who commits a Type "B" violation or who is issued an
administrative warning for a violation of Sections 3‑401 through 3‑413 or
the rules promulgated thereunder is subject to a penalty
computed at a rate of $3 per resident in the facility, plus 15 cents per
resident for each day of the violation, commencing on the date a notice
of the violation is served under Section 3‑301 and ending on the date the
violation is corrected, or a fine not less than $500, whichever is greater.
Such fine shall be assessed on the date of notice of the violation and shall
be suspended for violations that continue after such date upon completion
of a plan of correction in accordance with Section 3‑308 in relation to
the assessment of fines and correction. Failure to correct such violation
within the time period approved under a plan of correction shall result in
a fine and conditional license as provided under subsection (5).
(3) A licensee who commits a Type "A" violation as defined in Section
1‑129 which continues beyond the time specified in paragraph (a) of Section
3‑303 which is cited as a repeat violation shall have its license revoked
and shall be assessed a fine of 3 times the fine computed per resident per
day under subsection (1).
(4) A licensee who fails to satisfactorily comply with an accepted
plan of correction for a Type "B" violation or an administrative warning
issued pursuant to Sections 3‑401 through 3‑413 or the rules promulgated
thereunder shall be automatically issued a conditional license for a period
of not less than 6 months. A second or subsequent acceptable plan of
correction shall be filed. A fine shall be assessed in accordance with
subsection (2) when cited for the repeat violation. This fine shall be
computed for all days of the violation, including the duration of the first
plan of correction compliance time.
(5) For the purpose of computing a penalty under subsections (2) through
(4), the number of residents per day shall be based on the average number
of residents in the facility during the 30 days preceding the discovery
of the violation.
(6) When the Department finds that a provision of Article II has been
violated with regard to a particular resident, the Department shall issue
an order requiring the facility to reimburse the resident for injuries
incurred, or $100, whichever is greater. In the case of a violation
involving any action other than theft of money belonging to a resident,
reimbursement shall be ordered only if a provision of Article II has been
violated with regard to that or any other resident of the facility within
the 2 years immediately preceding the violation in question.
(7) For purposes of assessing fines under this Section, a repeat
violation shall be a violation which has been cited during one inspection
of the facility for which an accepted plan of correction was not complied
with. A repeat violation shall not be a new citation of the same rule,
unless the licensee is not substantially addressing the issue routinely
throughout the facility.
(Source: P.A. 86‑407; 87‑549; 87‑1056.)
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(210 ILCS 45/3‑306) (from Ch. 111 1/2, par. 4153‑306)
Sec. 3‑306.
In determining whether a penalty is to be imposed and in fixing
the amount of the penalty to be imposed, if any, for a violation,
the Director shall consider the following factors:
(1) The gravity of the violation, including the probability that death
or serious physical or mental harm to a resident will result or has resulted;
the severity of the actual or potential harm, and the extent to which the
provisions of the applicable statutes or regulations were violated;
(2) The reasonable diligence exercised by the licensee and efforts to
correct violations.
(3) Any previous violations committed by the licensee; and
(4) The financial benefit to the facility of committing or continuing the violation.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑307) (from Ch. 111 1/2, par. 4153‑307)
Sec. 3‑307.
The Director may directly assess penalties provided for under
Section 3‑305 of this Act. If the Director determines that a penalty should
be assessed for a particular violation or for failure to correct it, he
shall send a notice to the facility. The notice shall
specify the amount of the penalty assessed, the violation, the statute or
rule alleged to have been violated, and shall inform the licensee of the
right to hearing under Section 3‑703 of this Act. If the violation is
continuing,
the notice shall specify the amount of additional assessment per day for
the continuing violation.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑308) (from Ch. 111 1/2, par. 4153‑308)
Sec. 3‑308.
In the case of a Type "A" violation, a penalty may be assessed
from the date on which the violation is discovered. In the case of a Type
"B" or Type "C" violation or an administrative warning issued pursuant to
Sections 3‑401 through 3‑413 or the rules promulgated thereunder, the
facility shall submit a plan of correction as
provided in Section 3‑303.
In the case of a Type "B" violation or an administrative warning issued
pursuant to Sections 3‑401 through 3‑413 or the rules promulgated
thereunder, a penalty shall be assessed on the
date of notice of the violation, but the Director may reduce the amount or
waive such payment for any of the following reasons:
(a) The facility submits a true report of correction | ||
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(b) The facility submits a plan of correction within | ||
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(c) The facility submits a plan of correction within | ||
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(d) The facility submits a plan of correction for | ||
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The Director shall consider the following factors in determinations to
reduce or waive such penalties:
(1) The violation has not caused actual harm to a | ||
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(2) The facility has made a diligent effort to | ||
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(3) The facility has no record of a pervasive | ||
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(4) The facility has a record of substantial | ||
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If a plan of correction is approved and carried out for a Type "C"
violation, the fine provided under Section 3‑305 shall be suspended for the
time period specified in the approved plan of correction. If a plan of
correction is approved and carried out for a Type "B" violation or an
administrative warning issued pursuant to Sections 3‑401 through 3‑413 or
the rules promulgated thereunder, with respect to a violation that
continues after the date of notice of violation, the fine provided under
Section 3‑305 shall be suspended for the time period specified in the
approved plan of correction.
If a good faith plan of correction is not received within the time
provided by Section 3‑303, a penalty may be assessed from the date of the
notice of the Type "B" or "C" violation or an administrative warning
issued pursuant to Sections 3‑401 through 3‑413 or the rules promulgated
thereunder served under Section 3‑301 until the date of the receipt of a
good faith plan of correction, or until the date the violation is
corrected, whichever is earlier. If a violation is not corrected within the
time specified by an approved plan of correction or any lawful extension
thereof, a penalty may be assessed from the date of notice of the
violation, until the date the violation is corrected.
(Source: P.A. 87‑549.)
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(210 ILCS 45/3‑309) (from Ch. 111 1/2, par. 4153‑309)
Sec. 3‑309.
A facility may contest an assessment of a penalty by sending
a written request to the Department for hearing under Section 3‑703. Upon
receipt of the request the Department shall hold a hearing as provided under
Section 3‑703.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑310) (from Ch. 111 1/2, par. 4153‑310)
Sec. 3‑310.
All penalties shall be paid to the Department within 10 days
of receipt of notice of assessment or, if the penalty is contested under
Section 3‑309, within 10 days of receipt of the final decision, unless the
decision is appealed and the order is stayed by court order under Section
3‑713. A penalty assessed under this Act shall be collected by the
Department and shall be deposited with the State Treasurer into the Long
Term Care Monitor/Receiver Fund. If the person or facility against whom a
penalty has been assessed does not comply with a written demand for payment
within 30 days, the Director shall issue an order to do any of the following:
(1) Direct the State Treasurer to deduct the amount | ||
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(2) Add the amount of the penalty to the facility's | ||
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(3) Bring an action in circuit court to recover the | ||
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With the approval of the federal centers for Medicaid and Medicare
services,
the Director of Public Health shall set aside 50% of the federal civil monetary
penalties collected each year to be used to
award
grants under the Innovations in Long‑term Care Quality Grants
Act.
(Source: P.A. 92‑784, eff. 8‑6‑02.)
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(210 ILCS 45/3‑311) (from Ch. 111 1/2, par. 4153‑311)
Sec. 3‑311.
In addition to the right to assess penalties under this Act,
the Director may issue a conditional license under Section 3‑305 to any
facility if the Director finds that either a Type "A" or Type "B" violation
exists in such facility. The issuance of a conditional license shall revoke
any license held by the facility.
(Source: P.A. 85‑1378.)
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(210 ILCS 45/3‑312) (from Ch. 111 1/2, par. 4153‑312)
Sec. 3‑312.
Prior to the issuance of a conditional license, the Department
shall review and approve a written plan of correction. The Department shall
specify the violations which prevent full licensure and shall establish
a time schedule for correction of the deficiencies. Retention of the license
shall be conditional on the timely correction of the deficiencies in
accordance with the plan of correction.
(Source: P.A. 83‑1530.)
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(210 ILCS 45/3‑313) (from Ch. 111 1/2, par. 4153‑313)
Sec. 3‑313.
Written notice of the decision to issue a conditional license
shall be sent to the applicant or licensee together with the
specification of all violations of this Act and the rules promulgated
thereunder which prevent full licensure and which form the basis for the
Department's decision to issue a conditional license and the
required plan of correction. The notice shall inform the applicant or
licensee of its right to a full hearing under Section 3‑315 to contest the
issuance of the conditional license.
(Source: P.A. 83‑1530.)
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(210 ILCS 45/3‑315) (from Ch. 111 1/2, par. 4153‑315)
Sec. 3‑315.
If the applicant or licensee desires to contest the basis
for issuance of a conditional license, or the terms of the plan of
correction, the applicant or licensee shall send a written request for
hearing to the Department within 10 days after receipt by the applicant or
licensee of the Department's notice and decision to issue a conditional
license. The Department shall hold the hearing as provided under Section 3‑703.
(Source: P.A. 83‑1530.)
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(210 ILCS 45/3‑316) (from Ch. 111 1/2, par. 4153‑316)
Sec. 3‑316.
A conditional license shall be issued for a period specified
by the Department, but in no event for more than one year. The Department
shall periodically inspect any facility operating under a conditional license.
If the Department finds substantial failure by the facility to timely
correct the violations which prevented full licensure and formed the basis
for the Department's decision to issue a conditional license in accordance
with the required plan of correction, the conditional license may be revoked
as provided under Section 3‑119.
(Source: P.A. 83‑1530.)
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(210 ILCS 45/3‑318) (from Ch. 111 1/2, par. 4153‑318)
Sec. 3‑318.
(a) No person shall:
(1) Intentionally fail to correct or interfere with the correction of
a Type "A" or Type "B" violation within the time specified on the notice or
approved plan of correction under this Act as the maximum period given for
correction, unless an extension is granted and the corrections are made
before expiration of extension;
(2) Intentionally prevent, interfere with, or attempt to impede in any
way any duly authorized investigation and enforcement of this Act;
(3) Intentionally prevent or attempt to prevent any examination of
any relevant books or records pertinent to investigations
and enforcement of this Act;
(4) Intentionally prevent or interfere with the preservation of
evidence pertaining to any violation of this Act or the rules
promulgated under this Act;
(5) Intentionally retaliate or discriminate against any resident or
employee for contacting or providing information to any state official, or
for initiating, participating in, or testifying in an action for any remedy
authorized under this Act;
(6) Wilfully file any false, incomplete or intentionally misleading
information required to be filed under this Act, or wilfully fail or refuse
to file any required information; or
(7) Open or operate a facility without a license.
(b) A violation of this Section is a business offense, punishable by a
fine not to exceed $10,000, except as otherwise provided in subsection (2)
of Section 3‑103 as to submission of false or misleading information in
a license application.
(c) The State's Attorney of the county in which the facility is
located, or the Attorney General, shall be notified by the Director
of any violations of this Section.
(Source: P.A. 83‑1530.)
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(210 ILCS 45/3‑320) (from Ch. 111 1/2, par. 4153‑320)
Sec. 3‑320.
All final administrative decisions of the Department under
this Act are subject to judicial review under the Administrative Review
Law, as now or hereafter amended, and the rules adopted pursuant thereto.
The term "administrative decision" is defined as in Section 3‑101 of the
Code of Civil Procedure.
(Source: P.A. 83‑1530.)
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(210 ILCS 45/3‑401) (from Ch. 111 1/2, par. 4153‑401)
Sec. 3‑401.
A facility may involuntarily transfer or discharge a resident
only for one or more of the following reasons:
(a) for medical reasons;
(b) for the resident's physical safety;
(c) for the physical safety of other residents, the | ||
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(d) for either late payment or nonpayment for the | ||
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(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(210 ILCS 45/3‑401.1) (from Ch. 111 1/2, par. 4153‑401.1)
Sec. 3‑401.1.
(a) A facility participating in the Medical Assistance
Program is prohibited from failing or refusing to retain as a resident any
person because he or she is a recipient of or an applicant for the Medical
Assistance Program.
(a‑5) After the effective date of this amendatory Act of 1997, a facility
of which only a distinct part is certified to participate in the Medical
Assistance Program may refuse to retain as a resident any person who resides in
a part of the facility that does not participate in the Medical Assistance
Program and who is unable to pay for his or her care in the facility without
Medical Assistance only if:
(1) the facility, no later than at the time of | ||
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(2) the resident (unless he or she is incompetent), | ||
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(a‑10) For the purposes of this Section, a recipient or
applicant shall be considered a resident in the facility during any
hospital stay totaling 10 days or less following a hospital admission.
The Illinois Department of Public Aid shall recoup funds from a facility
when, as a result of the facility's refusal to readmit a recipient after
hospitalization for 10 days or less, the recipient incurs hospital bills in
an amount greater than the amount that would have been paid by that
Department for care of the recipient in the facility. The amount of the
recoupment shall be the difference between the Illinois Department of
Public Aid's payment for hospital care and the amount that Department
would have paid for care in the facility.
(b) A facility which violates this Section shall be guilty of a business
offense and fined not less than $500 nor more than $1,000 for the first
offense and not less than $1,000 nor more than $5,000 for each subsequent
offense.
(Source: P.A. 90‑310, eff. 8‑1‑97.)
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(210 ILCS 45/3‑402) (from Ch. 111 1/2, par. 4153‑402)
Sec. 3‑402.
Involuntary transfer or discharge of a resident from a facility
shall be preceded by the discussion required under Section 3‑408 and by
a minimum written notice
of 21 days, except in one of the following instances:
(a) when an emergency transfer or discharge is ordered
by the resident's attending physician because of the resident's health
care needs; or
(b) when the transfer or discharge is mandated by the physical safety of
other residents, the facility staff, or facility visitors, as
documented in the clinical record.
The Department shall be notified prior to any such involuntary transfer
or discharge. The Department shall immediately offer transfer, or discharge
and relocation assistance to residents transferred or discharged under this
subparagraph (b), and the Department may place relocation teams as
provided in Section 3‑419 of this Act.
(Source: P.A. 84‑1322.)
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(210 ILCS 45/3‑403) (from Ch. 111 1/2, par. 4153‑403)
Sec. 3‑403.
The notice required by Section 3‑402 shall be on a form
prescribed by the Department and shall contain all of the following:
(a) The stated reason for the proposed transfer or discharge;
(b) The effective date of the proposed transfer or discharge;
(c) A statement in not less than 12‑point type, which reads: "You
have a right to appeal the facility's decision to transfer or discharge
you. If you think you should not have to leave this facility, you may
file a request for a hearing with the Department of Public Health within
10 days after receiving this notice. If you request a hearing, it will
be held not later than 10 days after your request, and you generally will
not be transferred or discharged during that time. If the decision
following the hearing is not in your favor, you generally will not be
transferred or discharged prior to the expiration of 30 days following
receipt of the original notice of the transfer or discharge. A form to
appeal the facility's decision and to request a hearing is attached. If
you have any questions, call the Department of Public Health at the
telephone number listed below.";
(d) A hearing request form, together with a postage paid,
preaddressed envelope to the Department; and
(e) The name, address, and telephone number of the person charged
with the responsibility of supervising the transfer or discharge.
(Source: P.A. 81‑1349.)
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(210 ILCS 45/3‑404) (from Ch. 111 1/2, par. 4153‑404)
Sec. 3‑404.
A request for a hearing made under Section 3‑403 shall stay
a transfer pending a hearing or appeal of the decision, unless a condition
which would have allowed transfer or discharge in less than 21 days as described
under paragraphs (a) and (b) of Section 3‑402 develops in the interim.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑405) (from Ch. 111 1/2, par. 4153‑405)
Sec. 3‑405.
A copy of the notice required by Section 3‑402 shall be placed
in the resident's clinical record and a copy shall be transmitted to the
Department, the resident, the resident's representative, and, if the resident's
care is paid for in whole or part through Title XIX, to the
Department of Public Aid.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑406) (from Ch. 111 1/2, par. 4153‑406)
Sec. 3‑406.
When the basis for an involuntary transfer or discharge is
the result of an action by the Department of Public Aid with
respect to a recipient of Title XIX and a hearing request is filed with
the Department of Public Aid, the 21‑day written notice period shall not
begin until a final decision in the matter is rendered by the Department
of Public Aid or a court of competent jurisdiction and notice of that final
decision is received by the resident and the facility.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑407) (from Ch. 111 1/2, par. 4153‑407)
Sec. 3‑407.
When nonpayment is the basis for involuntary transfer or discharge,
the resident shall have the right to redeem up to the date that the discharge
or transfer is to be made and then shall have the right to
remain in the facility.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑408) (from Ch. 111 1/2, par. 4153‑408)
Sec. 3‑408.
The planned involuntary transfer or discharge shall be discussed
with the resident, the resident's representative and person or agency responsible
for the resident's placement, maintenance, and care in the facility. The
explanation and discussion of the reasons for involuntary
transfer or discharge shall include the facility administrator or other
appropriate facility representative as the administrator's designee. The
content of the discussion and explanation shall be summarized in writing
and shall include the names of the individuals
involved in the discussions and made a part of the resident's clinical record.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑409) (from Ch. 111 1/2, par. 4153‑409)
Sec. 3‑409.
The facility shall offer the resident counseling services
before the transfer or discharge of the resident.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑410) (from Ch. 111 1/2, par. 4153‑410)
Sec. 3‑410.
A resident subject to involuntary transfer or discharge from
a facility, the resident's guardian or if the resident is a minor, his parent
shall have the opportunity to file a request for a hearing with the Department
within 10 days following receipt of the written notice
of the involuntary transfer or discharge by the facility.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑411) (from Ch. 111 1/2, par. 4153‑411)
Sec. 3‑411.
The Department of Public Health, when the basis for
involuntary transfer or discharge is other than action by the Department
of Public Aid with respect to the Title XIX Medicaid recipient, shall
hold a hearing at the resident's facility not later than 10 days after a
hearing request is filed, and render a decision within 14 days after the
filing of the hearing request.
(Source: P.A. 81‑1349.)
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(210 ILCS 45/3‑412) (from Ch. 111 1/2, par. 4153‑412)
Sec. 3‑412.
The hearing before the Department provided under Section 3‑411
shall be conducted as prescribed under Section 3‑703. In determining whether
a transfer or discharge is authorized, the burden of proof in this hearing
rests on the person requesting the transfer or discharge.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑413) (from Ch. 111 1/2, par. 4153‑413)
Sec. 3‑413.
If the Department determines that a transfer or discharge
is authorized under Section 3‑401, the resident shall not be required to
leave the facility before the 34th day following receipt of the notice required
under Section 3‑402, or the 10th day following receipt of the Department's
decision, whichever is later, unless a condition which would have allowed
transfer or discharge in less than 21 days as described under paragraphs
(a) and (b) of Section 3‑402 develops in the interim.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑414) (from Ch. 111 1/2, par. 4153‑414)
Sec. 3‑414.
The Department of Public Aid shall continue Title XIX Medicaid
funding during the appeal, transfer, or discharge period for those residents
who are Title XIX recipients affected by Section 3‑401.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑415) (from Ch. 111 1/2, par. 4153‑415)
Sec. 3‑415.
The Department may transfer or discharge any resident from
any facility required to be licensed under this Act when any of the following
conditions exist:
(a) Such facility is operating without a license;
(b) The Department has suspended, revoked or refused to renew the license
of the facility as provided under Section 3‑119;
(c) The facility has requested the aid of the Department in the transfer
or discharge of the resident and the Department finds that the resident
consents to transfer or discharge;
(d) The facility is closing or intends to close and adequate arrangement
for relocation of the resident has not been made at least 30 days prior to closure; or
(e) The Department determines that an emergency exists which requires
immediate transfer or discharge of the resident.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑416) (from Ch. 111 1/2, par. 4153‑416)
Sec. 3‑416.
In deciding to transfer or discharge a resident from a facility
under Section 3‑415, the Department shall consider the likelihood
of serious harm which may result if the resident remains in the facility.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑417) (from Ch. 111 1/2, par. 4153‑417)
Sec. 3‑417.
The Department shall offer transfer or discharge and relocation
assistance to residents transferred or discharged under Sections 3‑401 through
3‑415, including information on available alternative placements. Residents
shall be involved in planning the transfer or discharge and shall choose
among the available alternative placements, except that where an emergency
makes prior resident involvement impossible the Department may make a temporary
placement until a final placement can be arranged. Residents may choose
their final alternative placement and shall be given assistance in transferring
to such place. No resident may be forced to remain in a temporary or permanent
placement. Where the Department makes or participates
in making the relocation decision, consideration shall be given to proximity
to the resident's relatives and friends. The resident shall be allowed 3
visits to potential alternative placements prior to removal, except where
medically contraindicated or where the need for immediate transfer or discharge
requires reduction in the number of visits.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑418) (from Ch. 111 1/2, par. 4153‑418)
Sec. 3‑418.
The Department shall prepare resident transfer or discharge
plans to assure safe and orderly removals and protect residents' health,
safety, welfare and rights. In nonemergencies, and where possible in emergencies,
the Department shall design and implement such plans in advance of transfer
or discharge.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑419) (from Ch. 111 1/2, par. 4153‑419)
Sec. 3‑419.
The Department may place relocation teams in any facility from
which residents are being discharged or transferred for any reason, for
the purpose of implementing transfer or discharge plans.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑420) (from Ch. 111 1/2, par. 4153‑420)
Sec. 3‑420.
In any transfer or discharge conducted under Sections 3‑415
through 3‑418 the Department shall:
(a) Provide written notice to the facility prior to the transfer or
discharge. The notice shall state the basis for the order of transfer or
discharge and shall inform the facility of its right to an informal conference
prior to transfer or discharge under this Section, and its right to a
subsequent hearing under Section 3‑422. If a facility desires to contest a
nonemergency transfer or discharge, prior to transfer or discharge it shall,
within 4 working days after receipt of the notice, send a written request for
an informal conference to the Department. The Department shall, within 4
working days from the receipt of the request, hold an informal conference in
the county in which the facility is located. Following this conference,
the Department may affirm, modify or overrule its previous decision. Except
in an emergency, transfer or discharge may not begin until the period for
requesting a conference has passed or, if a conference is requested, until
after a conference has been held; and
(b) Provide written notice to any resident to be removed, to the resident's
representative, if any, and to a member of the resident's family, where
practicable, prior to the removal. The notice shall state the reason for
which transfer or discharge is ordered and shall inform the resident of
the resident's right to challenge the transfer or discharge under Section
3‑422. The Department shall hold an informal conference with the resident
or the resident's representative prior to transfer or discharge at which
the resident or the representative may present any objections to the proposed
transfer or discharge plan or alternative placement.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑422) (from Ch. 111 1/2, par. 4153‑422)
Sec. 3‑422.
Within 10 days following transfer or discharge, the facility
or any resident transferred or discharged may send a written request to
the Department for a hearing under Section 3‑703 to challenge the transfer
or discharge. The Department shall hold the hearing within 30 days of receipt
of the request. The hearing shall be held at the facility from which the
resident is being transferred or discharged, unless the resident or
resident's representative, requests an alternative hearing site. If the
facility prevails, it may file a claim against the State under the "Court
of Claims Act" for payments lost less expenses saved as a result of the
transfer or discharge. No resident transferred or discharged may be held
liable for the charge for care which would have been made had the resident
remained in the facility. If a resident prevails,
the resident may file a claim against the State under the "Court of Claims
Act" for any excess expenses directly caused by the order to transfer or
discharge. The Department shall assist the resident in returning to the
facility if assistance is requested.
(Source: P.A. 85‑1378.)
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(210 ILCS 45/3‑423) (from Ch. 111 1/2, par. 4153‑423)
Sec. 3‑423.
Any owner of a facility licensed under this Act shall give
90 days notice prior to voluntarily closing a facility or closing any part
of a facility, or prior to closing any part of a facility if closing such
part will require the transfer or discharge of more than 10% of the residents.
Such notice shall be given to the Department, to any resident who must be
transferred or discharged, to the resident's representative, and to a member
of the resident's family, where practicable. Notice shall state the proposed
date of closing and the reason for closing.
The facility shall offer to assist the resident in securing an alternative
placement and shall advise the resident on available alternatives. Where
the resident is unable to choose an alternate placement and is not under
guardianship, the Department shall be notified of the need for relocation
assistance. The facility shall comply with all applicable laws and regulations until
the date of closing, including those related to transfer or discharge of
residents. The Department may place a relocation team in the facility as
provided under Section 3‑419.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑501) (from Ch. 111 1/2, par. 4153‑501)
Sec. 3‑501.
The Department may place an employee or agent to serve as a
monitor in a facility or may petition the circuit court for appointment of a
receiver for a facility, or both, when any of the following conditions exist:
(a) The facility is operating without a license;
(b) The Department has suspended, revoked or refused | ||
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(c) The facility is closing or has informed the | ||
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(d) The Department determines that an emergency | ||
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(e) The Department is notified that the facility is | ||
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As used in subsection (d) and Section 3‑503, "emergency" means a threat
to the health, safety or welfare of a resident that the facility is
unwilling or unable to correct.
(Source: P.A. 87‑549.)
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(210 ILCS 45/3‑502) (from Ch. 111 1/2, par. 4153‑502)
Sec. 3‑502.
In any situation described in Section 3‑501, the Department
may place a qualified person to act as monitor in the facility. The monitor
shall observe operation of the facility, assist the facility by advising
it on how to comply with the State regulations, and shall report periodically
to the Department on the operation of the facility.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑503) (from Ch. 111 1/2, par. 4153‑503)
Sec. 3‑503.
Where a resident, a resident's representative or a resident's
next of kin believes that an emergency exists each of them, collectively
or separately, may file a verified petition to the circuit court for the
county in which the facility is located for an order placing the facility
under the control of a receiver.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑504) (from Ch. 111 1/2, par. 4153‑504)
Sec. 3‑504.
The court shall hold a hearing within 5 days of the filing
of the petition. The petition and notice of the hearing shall be served
on the owner, administrator or designated agent of the facility as provided
under the Civil Practice Law, or the petition and notice of
hearing shall be posted in a conspicuous place in the facility not later
than 3 days before the time specified for the hearing, unless a different
period is fixed by order of the court. The court shall appoint a receiver
for a limited time period, not to exceed 180 days, if it finds that:
(a) The facility is operating without a license;
(b) The Department has suspended, revoked or refused to renew the existing
license of a facility;
(c) The facility is closing or has informed the Department that it intends
to close and adequate arrangements
for relocation of residents have not been made at least 30 days prior to closure; or
(d) An emergency exists, whether or not the Department has initiated revocation
or nonrenewal procedures, if because of the unwillingness or inability of
the licensee to remedy the emergency the appointment of a receiver is necessary.
(Source: P.A. 82‑783.)
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(210 ILCS 45/3‑505) (from Ch. 111 1/2, par. 4153‑505)
Sec. 3‑505.
If a petition filed under Section 3‑503 alleges that the conditions
set out in subsection 3‑504 (d) exist within a facility, the court may set
the matter for hearing at the earliest possible time. The petitioner shall
notify the licensee, administrator of the facility, or registered agent
of the licensee prior to the hearing. Any form of written notice may be
used. A receivership shall not be established ex parte unless the court
determines that the conditions set out in subsection 3‑504 (d) exist in
a facility; that the licensee cannot be found; and that the petitioner has
exhausted all reasonable means of
locating and notifying the licensee, administrator or registered agent.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑506) (from Ch. 111 1/2, par. 4153‑506)
Sec. 3‑506.
The court may appoint any qualified person as a receiver, except
it shall not appoint any owner or affiliate of the facility which is in
receivership as its receiver. The Department shall maintain a list of such
persons to operate facilities which the court may consider. The court shall
give preference to licensed nursing home administrators in appointing a receiver.
(Source: P.A. 81‑1349.)
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(210 ILCS 45/3‑507) (from Ch. 111 1/2, par. 4153‑507)
Sec. 3‑507.
The receiver shall make provisions for the continued health,
safety and welfare of all residents of the facility.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑508) (from Ch. 111 1/2, par. 4153‑508)
Sec. 3‑508.
A receiver appointed under this Act:
(a) Shall exercise those powers and shall perform those duties set out
by the court;
(b) Shall operate the facility in such a manner as to assure safety and
adequate health care for the residents;
(c) Shall have the same rights to possession of the building in which
the facility is located and of all goods and fixtures in the building at
the time the petition for receivership is filed as the owner would have
had if the receiver had not been appointed, and of all assets of the facility.
The receiver shall take such action as is reasonably necessary to protect
or conserve the assets or property of which the receiver takes possession,
or the proceeds from any transfer thereof, and may use them only in the
performance of the powers and duties set forth in this Section and by order
of the court;
(d) May use the building, fixtures, furnishings and any accompanying
consumable goods in the provision of care and services to residents and to
any other persons receiving services from the facility at the time the
petition for receivership was filed. The receiver shall collect payments
for all goods and services provided to residents or others during the
period of the receivership at the same rate of payment charged by the
owners at the time the petition for receivership was filed;
(e) May correct or eliminate any deficiency in the structure or furnishings
of the facility which endangers the safety or health of residents while
they remain in the facility, provided the total cost of correction does
not exceed $3,000. The court may order expenditures for this purpose
in excess of $3,000 on application from the receiver after notice to the
owner and hearing;
(f) May let contracts and hire agents and employees to carry out the powers
and duties of the receiver under this Section;
(g) Except as specified in Section 3‑510, shall honor all leases, mortgages
and secured transactions governing the building in which the facility is
located and all goods and fixtures in the building of which the receiver
has taken possession, but only to the extent of payments which, in the case
of a rental agreement, are for the use of the property during the period
of the receivership, or which, in the case of a purchase agreement, come
due during the period of the receivership.
(h) Shall have full power to direct and manage and to discharge employees
of the facility, subject to any contract rights they may have. The receiver
shall pay employees at the same rate of compensation, including benefits,
that the employees would have received from the owner. Receivership does
not relieve the owner of any obligation to employees not carried out by
the receiver;
(i) Shall, if any resident is transferred or discharged, follow the
procedures set forth in Part 4 of this Article.
(j) Shall be entitled to and shall take possession of all property or
assets of residents which are in the possession of a facility or its
owner. The receiver shall preserve all property, assets and records of
residents of which the receiver takes possession and shall provide for the
prompt transfer of the property, assets and records to the new placement
of any transferred resident.
(k) Shall report to the court on any actions he has taken to bring the
facility into compliance with this Act or with Title 18 or 19 of the Social
Security Act that he believes should be continued when the receivership is
terminated in order to protect the health, safety or welfare of the residents.
(Source: P.A. 90‑655, eff. 7‑30‑98.)
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(210 ILCS 45/3‑509) (from Ch. 111 1/2, par. 4153‑509)
Sec. 3‑509.
(a) A person who is served with notice of an order of the
court appointing a receiver and of the receiver's name and address shall
be liable to pay the receiver for any goods or services provided by the
receiver after the date of the order if the person would have been liable
for the goods or services as supplied by the owner. The receiver shall
give a receipt for each payment and shall keep a copy of each receipt on
file. The receiver shall deposit amounts received in a separate account
and shall use this account for all disbursements.
(b) The receiver may bring an action to enforce the liability created
by subsection (a) of this Section.
(c) A payment to the receiver of any sum owing to the facility or its
owner shall discharge any obligation to the facility to the extent of the payment.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑510) (from Ch. 111 1/2, par. 4153‑510)
Sec. 3‑510.
(a) A receiver may petition the court that he not be required
to honor any lease, mortgage, secured transaction or other wholly or partially
executory contract entered into by the owner of the facility if the rent,
price or rate of interest required to be paid under the agreement was substantially
in excess of a reasonable rent, price or rate of interest at the time the
contract was entered into, or if any material provision of the agreement
was unreasonable.
(b) If the receiver is in possession of real estate or goods subject to
a lease, mortgage or security interest which the receiver has obtained a
court order to avoid under subsection (a) of this Section, and if the real
estate or goods are necessary for the continued operation of the facility
under this Section, the receiver may apply to the court to set a reasonable
rental, price or
rate of interest to be paid by the receiver during the duration of the receivership.
The court shall hold a hearing on the application within 15 days. The receiver
shall send notice of the application to any known persons who own the property
involved at least 10 days prior to the hearing. Payment by the receiver
of the amount determined by the court to be reasonable is a defense to any
action against the receiver for payment or for possession of the goods or
real estate subject to the lease, security interest or mortgage involved
by any person who received such notice, but the payment does not relieve
the owner of the facility of any liability for the difference between the
amount paid by the receiver and the amount due under the original lease,
security interest or mortgage involved.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑511) (from Ch. 111 1/2, par. 4153‑511)
Sec. 3‑511.
If funds collected under Sections 3‑508 and 3‑509 are
insufficient to meet the expenses of performing the powers and duties
conferred on the receiver, or if there are insufficient funds on hand to
meet those expenses, the Department may reimburse the receiver for those
expenses from funds appropriated for its ordinary and contingent expenses
by the General Assembly after funds contained in the Long Term Care
Monitor/Receiver Fund have been exhausted.
(Source: P.A. 86‑663.)
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(210 ILCS 45/3‑512) (from Ch. 111 1/2, par. 4153‑512)
Sec. 3‑512.
The court shall set the compensation of the receiver, which
will be considered a necessary expense of a receivership under Section 3‑516.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑513) (from Ch. 111 1/2, par. 4153‑513)
Sec. 3‑513.
(a) In any action or special proceeding brought against a receiver
in the receiver's official capacity for acts committed while carrying out
powers and duties under this Article, the receiver shall be considered a
public employee under the "Local Governmental and Governmental Employees
Tort Immunity Act", as now or hereafter amended.
(b) A receiver may be held liable in a personal capacity only for the
receiver's own gross negligence, intentional acts or breach of fiduciary duty.
(c) The court may require a receiver to post a bond.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑514) (from Ch. 111 1/2, par. 4153‑514)
Sec. 3‑514.
Other provisions of this Act notwithstanding, the Department
may issue a license to a facility placed in receivership. The duration
of a license issued under this Section is limited to the duration of the receivership.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑515) (from Ch. 111 1/2, par. 4153‑515)
Sec. 3‑515.
The court may terminate a receivership:
(a) If the time period specified in the order | ||
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(b) If the court determines that the receivership is | ||
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(c) If all of the residents in the facility have | ||
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Before terminating a receivership, the court may order the Department
to require any licensee to comply with the recommendations of the receiver
made under subsection (k) of Section 3‑508. A licensee may petition the
court to be relieved of this requirement.
(Source: P.A. 87‑549.)
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(210 ILCS 45/3‑516) (from Ch. 111 1/2, par. 4153‑516)
Sec. 3‑516.
(a) Within 30 days after termination, the receiver shall give
the court a complete accounting of all property of which the receiver has
taken possession, of all funds collected, and of the expenses of the receivership.
(b) If the operating funds collected by the receiver under Sections 3‑508
and 3‑509 exceed the reasonable expenses of the receivership, the court
shall order payment of the surplus to the owner, after reimbursement of
funds drawn from the contingency fund under Section 3‑511. If the operating
funds are insufficient to cover the reasonable expenses of the receivership,
the owner shall be liable for the deficiency. Payment recovered from the
owner shall be used to reimburse the contingency fund for amounts drawn
by the receiver under Section 3‑511.
(c) The Department shall have a lien for any payment made under Section
3‑511 upon any beneficial interest, direct or indirect, of any owner in
the following property:
(1) The building in which the facility is located;
(2) Any fixtures, equipment or goods used in the operation of the facility;
(3) The land on which the facility is located; or
(4) The proceeds from any conveyance of property described in subparagraphs
(1), (2) or (3) above, made by the owner within
one year prior to the filing of the petition for receivership.
(d) The lien provided by this Section is prior to any lien or other interest
which originates subsequent to the filing of a petition for receivership
under this Article, except for a construction or mechanic's lien arising
out of work performed with the express consent of the receiver.
(e) The receiver shall, within 60 days after termination of the receivership,
file a notice of any lien created under this Section. If the lien is on
real property, the notice shall be filed with the recorder. If the lien
is on personal property, the lien shall be filed with
the Secretary of State. The notice shall specify the name of the person
against whom the lien is claimed, the name of the receiver, the dates of
the petition for receivership and the termination of receivership, a description of the
property involved and the amount claimed. No lien shall exist under this
Article against any person, on any property, or for any amount not specified
in the notice filed under this subsection (e).
(Source: P.A. 83‑358.)
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(210 ILCS 45/3‑517) (from Ch. 111 1/2, par. 4153‑517)
Sec. 3‑517.
Nothing in this Act shall be deemed to relieve any owner,
administrator or employee of a facility placed in receivership of any civil
or criminal liability incurred, or any duty imposed by law, by reason of
acts or omissions of the owner, administrator, or employee prior to the
appointment of a receiver; nor shall anything contained in this Act be construed
to suspend during the receivership any obligation of the owner, administrator,
or employee for payment of taxes or other operating and maintenance expenses
of the facility nor of the owner, administrator, employee or any other person
for the payment of mortgages or liens. The owner shall retain the right
to sell or mortgage any facility under receivership, subject to approval
of the court which ordered the receivership.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑601) (from Ch. 111 1/2, par. 4153‑601)
Sec. 3‑601.
The owner and licensee are liable to a resident for any intentional
or negligent act or omission of their agents or employees which injures the resident.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑602) (from Ch. 111 1/2, par. 4153‑602)
Sec. 3‑602.
The licensee shall pay the actual damages and costs and
attorney's fees to a facility
resident
whose rights, as specified in Part 1 of Article II of this Act, are violated.
(Source: P.A. 89‑197, eff. 7‑21‑95.)
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(210 ILCS 45/3‑603) (from Ch. 111 1/2, par. 4153‑603)
Sec. 3‑603.
A resident may maintain an action under this Act for any other
type of relief, including injunctive and declaratory relief, permitted by law.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑604) (from Ch. 111 1/2, par. 4153‑604)
Sec. 3‑604.
Any damages recoverable under Sections 3‑601 through 3‑607,
including minimum damages as provided by these Sections, may be recovered
in any action which a court may authorize to be brought as a class action
pursuant to the Civil Practice Law. The remedies provided in
Sections 3‑601 through 3‑607, are in addition to and cumulative with any
other legal remedies available to a resident. Exhaustion of any available
administrative remedies shall not be required prior to commencement of suit
hereunder.
(Source: P.A. 82‑783.)
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(210 ILCS 45/3‑605) (from Ch. 111 1/2, par. 4153‑605)
Sec. 3‑605.
The amount of damages recovered by a resident in an action
brought under Sections 3‑601 through 3‑607 shall be exempt for purposes
of determining initial or continuing eligibility for medical assistance
under "The Illinois Public Aid Code", as now or hereafter amended, and shall
neither be taken into consideration nor required to be applied toward the
payment or partial payment of the cost of medical care or services available
under "The Illinois Public Aid Code".
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑606) (from Ch. 111 1/2, par. 4153‑606)
Sec. 3‑606.
Any waiver by a resident or his legal representative of the
right to commence an action under Sections 3‑601 through 3‑607, whether
oral or in writing, shall be null and void, and without legal force or effect.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑607) (from Ch. 111 1/2, par. 4153‑607)
Sec. 3‑607.
Any party to an action brought under Sections 3‑601 through
3‑607 shall be entitled to a trial by jury and any waiver of the right to
a trial by a jury, whether oral or in writing, prior to the commencement
of an action, shall be null and void, and without legal force or effect.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑608) (from Ch. 111 1/2, par. 4153‑608)
Sec. 3‑608.
A licensee or its agents or employees shall not transfer,
discharge, evict, harass, dismiss, or retaliate against a resident, a resident's
representative, or an employee or agent who makes a report under Section
2‑107, brings or testifies in an action under Sections 3‑601 through 3‑607,
or files a complaint under Section 3‑702, because of the report, testimony,
or complaint.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑609) (from Ch. 111 1/2, par. 4153‑609)
Sec. 3‑609.
Any person, institution or agency, under this Act, participating
in good faith in the making of a report, or in the investigation of such
a report shall not be deemed to have violated any privileged communication
and shall have immunity from any liability, civil, criminal or any other
proceedings, civil or criminal as a consequence of making such report.
The good faith of any persons required to report, or permitted to report,
cases of suspected resident abuse or neglect under this Act, shall be presumed.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑611) (from Ch. 111 1/2, par. 4153‑611)
Sec. 3‑611.
Employee as perpetrator of abuse.
When an investigation
of a report of suspected abuse of a recipient indicates, based upon
credible evidence, that an employee of a long term care facility is the
perpetrator of the abuse, that employee shall immediately be barred from
any further contact with residents of the facility, pending the outcome of
any further investigation, prosecution or disciplinary action against the employee.
(Source: P.A. 86‑1013.)
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(210 ILCS 45/3‑612) (from Ch. 111 1/2, par. 4153‑612)
Sec. 3‑612.
Resident as perpetrator of abuse.
When an investigation
of a report of suspected abuse of a resident indicates, based upon credible
evidence, that another resident of the long term care facility is the
perpetrator of the abuse, that resident's condition shall be immediately
evaluated to determine the most suitable therapy and placement for the
resident, considering the safety of that resident as well as the safety of
other residents and employees of the facility.
(Source: P.A. 86‑1013.)
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(210 ILCS 45/3‑701) (from Ch. 111 1/2, par. 4153‑701)
Sec. 3‑701.
The operation or maintenance of a facility in violation of
this Act, or of the rules and regulations promulgated by the Department,
is declared a public nuisance inimical to the public welfare. The Director
in the name of the people of the State, through the Attorney General, or
the State's Attorney of the county in which the facility is located, or
in respect to any city, village or incorporated town which provides for
the licensing and regulation of any or all such facilities, the Director
or the mayor or president of the Board of Trustees, as the case may require,
of the city, village or incorporated town, in the name of the people of
the State, through the Attorney General or State's attorney of the county
in which the facility is located, may, in addition to other remedies herein
provided, bring action for an injunction to restrain such violation or to
enjoin the future operation or maintenance of any such facility.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑702) (from Ch. 111 1/2, par. 4153‑702)
Sec. 3‑702.
(a) A person who believes that this Act or a rule promulgated
under this Act may have been violated may request an investigation. The
request may be submitted to the Department in writing, by telephone, or by
personal visit. An oral complaint shall be reduced to writing by the
Department. The Department shall request information identifying the
complainant, including the name, address and telephone number, to help
enable appropriate follow‑up. The Department shall act on such complaints
via on‑site visits or other methods deemed appropriate to handle the
complaints with or without such identifying information, as otherwise
provided under this Section. The complainant shall be informed that
compliance with such request is not required to satisfy the procedures for
filing a complaint under this Act.
(b) The substance of the complaint shall be provided in writing to the
licensee, owner or administrator no earlier than at the commencement of an
on‑site inspection of the facility which takes place pursuant to the complaint.
(c) The Department shall not disclose the name of the complainant unless
the complainant consents in writing to the disclosure or the investigation
results in a judicial proceeding, or unless disclosure is essential to the
investigation. The complainant shall be given the opportunity to withdraw
the complaint before disclosure. Upon the request of the complainant, the
Department may permit the complainant or a representative of the complainant
to accompany the person making the on‑site inspection of the facility.
(d) Upon receipt of a complaint, the Department shall determine whether this
Act or a rule promulgated under this Act has been or is being violated. The
Department shall investigate all complaints alleging abuse or neglect within
7 days after the receipt of the complaint except that complaints of abuse
or neglect which indicate that a resident's life or safety is in imminent
danger shall be investigated within 24 hours after receipt of the
complaint. All other complaints shall be investigated within 30 days after
the receipt of the complaint. The Department employees investigating a
complaint shall conduct a brief, informal exit conference with the facility
to alert its administration of any suspected serious deficiency that poses
a direct threat to the health, safety or welfare of a resident to enable an
immediate correction for the alleviation or elimination of such threat.
Such information and findings discussed in the brief exit conference shall
become a part of the investigating record but shall not in any way
constitute an official or final notice of violation as provided under
Section 3‑301. All complaints shall be classified as
"an invalid report", "a valid report", or "an undetermined
report". For any complaint classified as "a valid report", the
Department must determine within 30 working days
if any rule or provision of this Act has been or is being violated.
(d‑1) The Department shall, whenever possible, combine an on‑site
investigation of a complaint in a facility with other inspections in order
to avoid duplication of inspections.
(e) In all cases, the Department shall inform the complainant of its
findings within 10 days of its determination unless otherwise indicated
by the complainant, and the complainant may direct the Department to
send a copy of such findings to another person. The Department's findings
may include comments or documentation provided by either the complainant
or the licensee pertaining to the complaint. The Department shall also
notify the facility of such findings within 10 days of the determination,
but the name of the complainant or residents shall not be disclosed in this
notice to the facility. The notice of such
findings shall include a copy of the written determination; the
correction order, if any; the warning notice, if any; the inspection
report; or the State licensure form on which the violation is listed.
(f) A written determination, correction order, or warning notice
concerning a complaint, together with the facility's response, shall be
available for public inspection, but the name of the complainant or
resident shall not be disclosed without his consent.
(g) A complainant who is dissatisfied with the determination or
investigation by the Department may request a hearing under Section
3‑703. The facility shall be given notice of any such
hearing and may participate in the hearing as a party. If a facility
requests a hearing under Section 3‑703 which
concerns a matter covered by a complaint, the complainant shall be given
notice and may participate in the hearing as a party. A request
for a hearing by either a complainant or a facility shall be
submitted in writing to the Department within 30 days after the mailing
of the Department's findings as described in subsection (e) of this
Section. Upon receipt of the request the Department shall conduct a hearing
as provided under Section 3‑703.
(h) Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under subsection
(a)(8) of Section 26‑1 of the "Criminal Code of 1961".
(Source: P.A. 85‑1378 .)
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(210 ILCS 45/3‑703) (from Ch. 111 1/2, par. 4153‑703)
Sec. 3‑703.
Any person requesting a hearing pursuant to Sections 2‑110,
3‑115, 3‑118, 3‑119, 3‑301, 3‑303, 3‑309, 3‑410, 3‑422 or 3‑702 to contest
a decision rendered in a particular case may have such decision reviewed in
accordance with Sections 3‑703 through 3‑712.
(Source: P.A. 83‑1530.)
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(210 ILCS 45/3‑704) (from Ch. 111 1/2, par. 4153‑704)
Sec. 3‑704.
A request for a hearing by aggrieved persons shall be
taken to the Department as follows:
(a) Upon the receipt of a request in writing for a hearing, the
Director or a person designated in writing by the Director to act as a
hearing officer shall conduct a hearing to review the decision.
(b) Before the hearing is held notice of the hearing shall be sent
by the Department to the person making the request for the hearing and
to the person making the decision which is being reviewed. In the
notice the Department shall specify the date, time and place of the
hearing which shall be held not less than 10 days after the notice is
mailed or delivered. The notice shall designate the decision being
reviewed. The notice may be served by delivering it personally to the
parties or their representatives or by mailing it by certified
mail to the parties' addresses.
(c) The Department shall commence the hearing within 30 days of the
receipt of request for hearing. The hearing shall proceed as
expeditiously as practicable, but in all cases shall conclude within 90
days of commencement.
(Source: P.A. 85‑1183.)
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(210 ILCS 45/3‑705) (from Ch. 111 1/2, par. 4153‑705)
Sec. 3‑705.
The Director or hearing officer may compel by subpoena or subpoena
duces tecum the attendance and testimony of witnesses and the production
of books and papers, and administer oaths to witnesses.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑706) (from Ch. 111 1/2, par. 4153‑706)
Sec. 3‑706.
The Director or hearing officer shall permit any party
to appear in person and to be represented by
counsel at the hearing, at which time the applicant or licensee shall be
afforded an opportunity to present all relevant matter in support of his
position. In the event of the inability of any party or the Department to
procure the attendance of witnesses to
give testimony or produce books and papers, any party or the Department
may take the deposition of witnesses in
accordance with the provisions of the laws of this State. All testimony
taken at a hearing shall be reduced to writing, and all such testimony
and other evidence introduced at the hearing shall be a part of the
record of the hearing.
(Source: P.A. 81‑1349.)
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(210 ILCS 45/3‑707) (from Ch. 111 1/2, par. 4153‑707)
Sec. 3‑707.
The Director or hearing officer shall make findings of fact
in such hearing, and the Director shall render his decision within 30 days
after the termination of the hearing, unless additional time not to exceed
90 days is required by him for a proper disposition of the matter. When
the hearing has been conducted by a hearing officer, the Director shall
review the record and findings of fact before rendering a decision. All
decisions rendered by the Director shall be binding upon and complied with
by the Department, the facility or the persons involved in the hearing,
as appropriate to each case.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑708) (from Ch. 111 1/2, par. 4153‑708)
Sec. 3‑708.
The Director or hearing officer shall not be bound by common
law or statutory rules of evidence, or by technical or formal rules of procedure,
but shall conduct hearings in the manner best calculated to result in substantial
justice.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑709) (from Ch. 111 1/2, par. 4153‑709)
Sec. 3‑709.
All subpoenas issued by the Director or hearing officer may
be served as provided for in civil actions. The fees of witnesses for attendance
and travel shall be the same as the fees for witnesses before the circuit
court and shall be paid by the party to such proceeding at whose request
the subpoena is issued. If such subpoena is issued at the request of the
Department or by a person proceeding in forma pauperis the witness fee shall
be paid by the Department as an administrative expense.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑710) (from Ch. 111 1/2, par. 4153‑710)
Sec. 3‑710.
In cases of refusal of a witness to attend or testify or to
produce books or papers, concerning any matter upon which he might be
lawfully examined, the circuit court of the county wherein the hearing is
held, upon application of any party to the proceeding, may compel obedience
by a proceeding for contempt as in cases of a like refusal to obey a similar
order of the court.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑711) (from Ch. 111 1/2, par. 4153‑711)
Sec. 3‑711.
The Department, at its expense, shall provide a stenographer
to take the testimony, or otherwise record the testimony, and preserve
a record of all proceedings under this Section. The notice of hearing, the
complaint and all other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of testimony, and the findings
and decision shall be the record of the proceedings. The Department shall
furnish a transcript of such record to any person interested in such hearing
upon payment therefor of 70 cents per page for each original transcript
and 25 cents per page for each certified copy thereof. However, the charge
for any part of such transcript ordered and paid for previous to the writing
of the original record shall be 25 cents per page.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑712) (from Ch. 111 1/2, par. 4153‑712)
Sec. 3‑712.
The Department shall not be required to certify any record
or file any answer or otherwise appear in any proceeding for judicial review
under Section 3‑713 of this Act unless the party filing the complaint deposits
with the clerk of the court the sum of 95 cents per page, representing the
costs of such certification. Failure on the part of the plaintiff to make
such deposit shall be grounds for dismissal of the action; provided, however,
that persons proceeding in forma pauperis with the approval of the circuit
court shall not be required to pay these fees.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑713) (from Ch. 111 1/2, par. 4153‑713)
Sec. 3‑713.
(a) Final administrative decisions after hearing shall be
subject to judicial review exclusively as provided in the Administrative
Review Law, as now or hereafter amended, except that any petition for judicial
review of Department action under this Act shall be filed within 15 days
after receipt of notice of the final agency determination. The term "administrative
decision" has the meaning ascribed to it in Section 3‑101 of the Code of
Civil Procedure.
(b) The court may stay enforcement of the Department's final decision
or toll the continuing accrual of a penalty under Section 3‑305 if a showing
is made that there is a substantial probability that the party seeking review
will prevail on the merits and will suffer irreparable harm if a stay is
not granted, and that the facility will meet the requirements of this Act
and the rules promulgated under this Act during such stay. Where
a stay is granted the court may impose such conditions on the granting of
the stay as may be necessary to safeguard the lives, health, rights, safety
and welfare of residents, and to assure compliance by the facility with
the requirements of this Act, including an order for transfer or discharge
of residents under Sections 3‑401 through 3‑423 or for appointment of a
receiver under Sections 3‑501 through 3‑517.
(c) Actions brought under this Act shall be set for trial
at the earliest possible date and shall take precedence on the court calendar
over all other cases except matters to which equal or superior precedence
is specifically granted by law.
(Source: P.A. 82‑783.)
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(210 ILCS 45/3‑714) (from Ch. 111 1/2, par. 4153‑714)
Sec. 3‑714.
The remedies provided by this Act are cumulative and shall
not be construed as restricting any party from seeking any remedy, provisional
or otherwise, provided by law for the benefit of the party, from obtaining
additional relief based upon the same facts.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑801) (from Ch. 111 1/2, par. 4153‑801)
Sec. 3‑801.
The Department shall have the power to adopt rules and regulations
to carry out the purpose of this Act.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑801.1) (from Ch. 111 1/2, par. 4153‑801.1)
Sec. 3‑801.1.
Notwithstanding the other provisions of this Act to the
contrary, the agency designated by the Governor under Section 1 of "An Act in
relation to the protection and advocacy of the rights of persons with
developmental disabilities, and amending Acts therein named", enacted by the
84th General Assembly, shall have access to the records of a person with
developmental disabilities who resides in a facility, subject to the
limitations of this Act. The agency shall also have access for the purpose of
inspection and copying, to the records of a person with developmental
disabilities who resides in any such facility if (1) a complaint is received by
such agency from or on behalf of the person with a developmental disability,
and (2) such person does not have a guardian or the State or the designee of
the State is the guardian of such person. The designated agency shall provide
written notice to the person with developmental disabilities and the State
guardian of the nature of the complaint based upon which the designated agency
has gained access to the records. No record or the contents of any record shall
be redisclosed by the designated agency unless the person with developmental
disabilities and the State guardian are provided 7 days advance written notice,
except in emergency situations, of the designated agency's intent to redisclose
such record, during which time the person with developmental disabilities or
the State guardian may seek to judicially enjoin the designated agency's
redisclosure of such record on the grounds that such redisclosure is contrary
to the interests of the person with developmental disabilities. If a person
with developmental disabilities resides in such a facility and has a guardian
other than the State or the designee of the State, the facility director shall
disclose the guardian's name, address, and telephone number to the designated
agency at the agency's request.
Upon request, the designated agency shall be entitled to inspect and copy
any records or other materials which may further the agency's investigation
of problems affecting numbers of persons with developmental disabilities. When
required by law any personally identifiable information of persons with a
developmental disability shall be removed from the records. However, the
designated agency may not inspect or copy any records or other materials when
the removal of personally identifiable information imposes an unreasonable
burden on the facility.
For the purposes of this Section, "developmental disability" means a
severe, chronic disability of a person which ‑
(A) is attributable to a mental or physical impairment or combination of
mental and physical impairments;
(B) is manifested before the person attains age 22;
(C) is likely to continue indefinitely;
(D) results in substantial functional limitations in 3 or more of the
following areas of major life activity: (i) self‑care, (ii) receptive and
expressive language, (iii) learning, (iv) mobility, (v) self‑direction,
(vi) capacity for independent living, and (vii) economic self‑sufficiency; and
(E) reflects the person's need for combination and sequence of special,
interdisciplinary or generic care, treatment or other services which are of
lifelong or extended duration and are individually planned and coordinated.
(Source: P.A. 88‑380.)
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(210 ILCS 45/3‑802) (from Ch. 111 1/2, par. 4153‑802)
Sec. 3‑802.
The provisions of "The Illinois Administrative Procedure Act",
approved September 22, 1975, as now or hereafter amended, are hereby expressly
adopted and shall apply to all administrative rules and procedures of the
Department under this Act.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑803) (from Ch. 111 1/2, par. 4153‑803)
Sec. 3‑803.
Nothing in this Act or the rules and regulations adopted pursuant
thereto shall be construed as authorizing the medical supervision,
regulation, or control of the remedial care or treatment of residents in
any facility conducted for those who rely upon treatment by prayer or spiritual
means in accordance with the creed or tenets of any well recognized church
or religious denomination.
(Source: P.A. 86‑130.)
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(210 ILCS 45/3‑804) (from Ch. 111 1/2, par. 4153‑804)
Sec. 3‑804.
The Department shall report to the General Assembly by
April 1 of each year upon the performance of its inspection, survey and
evaluation duties under this Act, including the number and needs of the
Department personnel engaged in such activities. The report shall also
describe the Department's actions in enforcement of this Act, including
the number and needs of personnel so engaged.
The report shall also include the number of valid and invalid complaints filed with
the Department within the last calendar year.
(Source: P.A. 84‑1322.)
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(210 ILCS 45/3‑805) (from Ch. 111 1/2, par. 4153‑805)
Sec. 3‑805.
(a) The Department shall conduct a pilot project to
examine, study and contrast the Joint Commission on the Accreditation of
Health Care Organizations ("Commission") accreditation review process with
the current regulations and licensure surveys process conducted by the
Department for long‑term care facilities. This pilot project will enable
qualified facilities to apply for participation in the project, in which
surveys completed by the Commission are accepted by the Department in lieu of
inspections required by this Act, as provided in subsection (b) of this
Section. It is intended that this pilot project shall commence on January 1,
1990, and shall conclude on December 31, 2000, with a final report
to be
submitted to the Governor and the General Assembly by June 30, 2001.
(b) (1) In lieu of conducting an inspection for license renewal under
this Act, the Department may accept from a facility that is accredited
by the Commission under the Commission's long‑term care standards the
facility's most recent annual accreditation review by the Commission. In
addition to such review, the facility shall submit any fee or other license
renewal report or information required by law. The Department may accept
such review for so long as the Commission maintains an annual inspection or
review program. If the Commission does not conduct an on‑site annual
inspection or review, the Department shall conduct an inspection as
otherwise required by this Act. If the Department determines that an
annual on‑site inspection or review conducted by the Commission does not
meet minimum standards set by the Department, the Department shall not
accept the Commission's accreditation review and shall conduct an
inspection as otherwise required by this Act.
The Department shall establish procedures applicable to the pilot project
conducted pursuant to this Section. The procedures shall provide for a
review of the Commission's survey findings that may be Type "A" or Type
"B" violations under this Act requiring immediate correction, the taking of
necessary and appropriate action to determine whether such violations
exist, and steps to effect corrective action in cooperation with the
Commission, or otherwise under this Act, as may be necessary. The
Department shall also establish procedures to require the Commission to
immediately report to the Department any survey finding that constitutes a
condition or occurrence relating to the operation and maintenance of a
facility which presents a substantial probability that death or serious
mental or physical harm to a resident will result therefrom, so as to
enable the Department to take necessary and appropriate action under this Act.
(2) This subsection (b) does not limit the Department in performing any
inspections or other duties authorized by this Act, or under any contract
relating to the medical assistance program administered by the Illinois
Department of Public Aid, or under Title XVIII or Title XIX of the Social
Security Act.
(3) No facility shall be required to obtain accreditation from the
Commission.
(c) Participation in the pilot project shall be limited to facilities
selected at random by the Director, provided that:
(1) facilities shall apply to the Director for | ||
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(2) facilities which are currently accredited by the | ||
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(3) any facility not accredited by the Commission at | ||
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(4) the number of facilities so selected shall be no | ||
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(5) the number of facilities so selected shall be | ||
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(6) facilities so selected shall have been licensed | ||
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(7) no facilities so selected shall have been issued | ||
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(d) Inspections and surveys conducted by the Commission under
the pilot project for initial or continued accreditation shall not be
announced in advance to the facility being inspected or surveyed, and shall
provide for participation in the inspection or survey process by residents
of the facility and the public.
(e) With respect to any facility accredited by the Commission, the
Commission shall submit to the Department copies of:
(1) the accreditation award letter;
(2) the accreditation report, including | ||
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(3) any correspondence directly related to the | ||
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(f) No facility which is denied initial or continued accreditation by
the Commission shall participate in the pilot project.
(g) The Director shall meet at least once every 6 months with the
director of the Commission's long‑term care facility accreditation program
to review, coordinate and modify as necessary the services performed by the
Commission under the pilot project. On or before June 30, 1993, the
Director shall submit to the Governor and to the General Assembly a report
evaluating the pilot project and making any recommendations deemed necessary.
(h) This Section does not limit the Department in performing any
inspections or other duties authorized by this Act, or under any contract
relating to the medical assistance program administered by the Illinois
Department of Public Aid, or under Title XVIII or Title XIX of the Social
Security Act.
(Source: P.A. 89‑171, eff. 7‑19‑95; 89‑381, eff. 8‑18‑95; 89‑626,
eff. 8‑9‑96; 90‑353, eff. 8‑8‑97.)
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(210 ILCS 45/3‑807)
Sec. 3‑807.
Review of shelter care licensure standards.
On or before
March 1, 1994, the Department shall submit to the Governor and the General
Assembly a report concerning the necessity of revising the current statutory
and regulatory standards of licensure under the category of shelter care. The
Department shall conduct a review of those standards for that category, taking
into consideration the Department on Aging's report on board and care homes
prepared pursuant to Section 4.02a of the Illinois Act on the Aging. The
Department's report shall include recommendations for statutory or regulatory
changes necessary to address the regulation of facilities providing room,
board, and personal care to older persons and disabled persons.
(Source: P.A. 88‑252.)
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