2005 Illinois Code - 210 ILCS 45/ Nursing Home Care Act. Article I - Short Title And Definitions
(210 ILCS 45/Art. I heading)
ARTICLE I
SHORT TITLE AND DEFINITIONS
(210 ILCS 45/1‑101) (from Ch. 111 1/2, par. 4151‑101)
Sec. 1‑101.
This Act shall be known and may be cited as the Nursing Home Care Act.
(Source: P.A. 85‑1378.)
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(210 ILCS 45/1‑102) (from Ch. 111 1/2, par. 4151‑102)
Sec. 1‑102.
For the purposes of this Act, unless the context otherwise
requires, the terms defined in this Article have the meanings ascribed to them herein.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑103) (from Ch. 111 1/2, par. 4151‑103)
Sec. 1‑103.
"Abuse" means any physical or mental injury or sexual assault
inflicted on a resident other than by accidental means in a facility.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑104) (from Ch. 111 1/2, par. 4151‑104)
Sec. 1‑104.
"Access" means the right to:
(1) Enter any facility;
(2) Communicate privately and without restriction with any resident who
consents to the communication;
(3) Seek consent to communicate privately and without restriction with any resident;
(4) Inspect the clinical and other records of a resident with the express
written consent of the resident;
(5) Observe all areas of the facility except the living area of any resident
who protests the observation.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑105) (from Ch. 111 1/2, par. 4151‑105)
Sec. 1‑105.
"Administrator" means a person who is charged with the
general administration and supervision of a facility and licensed, if
required, under
the "Nursing Home Administrators Licensing Act", as now or hereafter
amended.
(Source: P.A. 81‑1349.)
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(210 ILCS 45/1‑106) (from Ch. 111 1/2, par. 4151‑106)
Sec. 1‑106.
"Affiliate" means:
(1) With respect to a partnership, each partner thereof.
(2) With respect to a corporation, each officer, director and stockholder thereof.
(3) With respect to a natural person: any person related in the first
degree of kinship to that person; each partnership and each partner thereof
of which that person or any affiliate of that person is a partner; and each
corporation in which that person or any affiliate of that person is an officer,
director or stockholder.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑107) (from Ch. 111 1/2, par. 4151‑107)
Sec. 1‑107.
"Applicant" means any person making application for a license.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑108.1) (from Ch. 111 1/2, par. 4151‑108.1)
Sec. 1‑108.1.
"Complaint classification" means the Department shall
categorize reports about conditions, care or services in a facility into
one of three groups after an investigation:
(1) "An invalid report" means any report made under this Act for
which it is determined after an investigation that no credible evidence of
abuse, neglect or other deficiency relating to the complaint exists;
(2) "A valid report" means a report made under this Act if an
investigation determines that some credible evidence of the alleged abuse,
neglect or other deficiency relating to the complaint exists; and
(3) "An undetermined report" means a report
made under this Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the Department.
(Source: P.A. 84‑798.)
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(210 ILCS 45/1‑109) (from Ch. 111 1/2, par. 4151‑109)
Sec. 1‑109.
"Department" means the Department of Public Health.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑110) (from Ch. 111 1/2, par. 4151‑110)
Sec. 1‑110.
"Director" means the Director of Public Health or his designee.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑111) (from Ch. 111 1/2, par. 4151‑111)
Sec. 1‑111.
"Discharge" means the full release of any resident from a facility.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑112) (from Ch. 111 1/2, par. 4151‑112)
Sec. 1‑112.
"Emergency" means a situation, physical condition or one or
more practices, methods or operations which present imminent danger of death
or serious physical or mental harm to residents of a facility.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑113) (from Ch. 111 1/2, par. 4151‑113)
Sec. 1‑113. "Facility" or "long‑term care facility" means a private home,
institution, building, residence, or any other place, whether operated for
profit or not, or a county home for the infirm and chronically ill operated
pursuant to Division 5‑21 or 5‑22 of the Counties Code, or any similar
institution operated by a political subdivision of the State of Illinois, which
provides, through its ownership or management, personal care, sheltered care or
nursing for 3 or more persons, not related to the applicant or owner by blood
or marriage. It includes skilled nursing facilities and intermediate care
facilities as those terms are defined in Title XVIII and Title XIX of the
Federal Social Security Act.
It also includes homes, institutions, or
other places operated by or under the authority of the Illinois Department of
Veterans' Affairs.
"Facility" does not include the following:
(1) A home, institution, or other place operated by
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the federal government or agency thereof, or by the State of Illinois, other than homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans' Affairs;
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(2) A hospital, sanitarium, or other institution
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whose principal activity or business is the diagnosis, care, and treatment of human illness through the maintenance and operation as organized facilities therefor, which is required to be licensed under the Hospital Licensing Act;
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(3) Any "facility for child care" as defined in the
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(4) Any "Community Living Facility" as defined in the
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Community Living Facilities Licensing Act;
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(5) Any "community residential alternative" as
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defined in the Community Residential Alternatives Licensing Act;
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(6) Any nursing home or sanatorium operated solely by
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and for persons who rely exclusively upon treatment by spiritual means through prayer, in accordance with the creed or tenets of any well‑recognized church or religious denomination. However, such nursing home or sanatorium shall comply with all local laws and rules relating to sanitation and safety;
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(7) Any facility licensed by the Department of Human
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Services as a community‑integrated living arrangement as defined in the Community‑Integrated Living Arrangements Licensure and Certification Act;
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(8) Any "Supportive Residence" licensed under the
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Supportive Residences Licensing Act;
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(9) Any "supportive living facility" in good standing
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with the program established under Section 5‑5.01a of the Illinois Public Aid Code;
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(10) Any assisted living or shared housing
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establishment licensed under the Assisted Living and Shared Housing Act; or
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(11) An Alzheimer's disease management center
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alternative health care model licensed under the Alternative Health Care Delivery Act.
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(Source: P.A. 94‑342, eff. 7‑26‑05.)
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(210 ILCS 45/1‑114) (from Ch. 111 1/2, par. 4151‑114)
Sec. 1‑114.
"Guardian" means a person appointed as a guardian of the person
or guardian of the estate, or both, of a resident under the "Probate Act
of 1975", as now or hereafter amended.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑114.01)
Sec. 1‑114.01. Identified offender. "Identified offender" means a person who has been convicted of any felony offense listed in Section 25 of the Health Care Worker Background Check Act, is a registered sex offender, or is serving a term of parole, mandatory supervised release, or probation for a felony offense.
(Source: P.A. 94‑163, eff. 7‑11‑05.)
(210 ILCS 45/1‑114.1) (from Ch. 111 1/2, par. 4151‑114.1)
Sec. 1‑114.1.
"Immediate family" means the spouse, an adult child, a parent,
an adult brother or sister, or an adult grandchild of a person.
(Source: P.A. 81‑1349.)
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(210 ILCS 45/1‑115) (from Ch. 111 1/2, par. 4151‑115)
Sec. 1‑115.
"Licensee" means the individual or entity licensed by the
Department to operate the facility.
(Source: P.A. 83‑1530.)
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(210 ILCS 45/1‑116) (from Ch. 111 1/2, par. 4151‑116)
Sec. 1‑116.
"Maintenance" means food, shelter and laundry services.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑116.5)
Sec. 1‑116.5. "Misappropriation of a resident's property" means the deliberate misplacement, exploitation, or wrongful temporary or permanent use of a resident's belongings or money without the resident's consent.
(Source: P.A. 94‑26, eff. 1‑1‑06.)
(210 ILCS 45/1‑117) (from Ch. 111 1/2, par. 4151‑117)
Sec. 1‑117.
"Neglect" means a failure in a facility to provide adequate
medical or personal care or maintenance, which failure results in physical
or mental injury to a resident or in the deterioration of a resident's physical
or mental condition.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑118) (from Ch. 111 1/2, par. 4151‑118)
Sec. 1‑118.
"Nurse" means a registered nurse or a licensed practical nurse
as defined in the Nursing and Advanced Practice Nursing Act.
(Source: P.A. 90‑742, eff. 8‑13‑98.)
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(210 ILCS 45/1‑119) (from Ch. 111 1/2, par. 4151‑119)
Sec. 1‑119.
"Owner" means the individual, partnership, corporation, association
or other person who owns a facility. In the event a facility is operated
by a person who leases the physical plant, which is owned by another person,
"owner" means the person who operates the facility, except that if the person
who owns the physical plant is an affiliate of the person who operates the
facility and has significant control over the day‑to‑day operations of the
facility, the person who owns the physical plant shall
incur jointly and severally with the owner all liabilities imposed on an
owner under this Act.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑120) (from Ch. 111 1/2, par. 4151‑120)
Sec. 1‑120.
"Personal care" means assistance with meals, dressing, movement,
bathing or other personal needs or maintenance, or general supervision and
oversight of the physical and mental well‑being of an individual, who is
incapable of maintaining a private, independent residence or who is incapable
of managing his person whether or not a guardian
has been appointed for such individual.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑121) (from Ch. 111 1/2, par. 4151‑121)
Sec. 1‑121.
"Reasonable hour" means any time between the hours of 10 a.m.
and 8 p.m. daily.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑122) (from Ch. 111 1/2, par. 4151‑122)
Sec. 1‑122.
"Resident" means a person residing in and receiving personal
care from a facility.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑123) (from Ch. 111 1/2, par. 4151‑123)
Sec. 1‑123.
"Resident's representative" means a person other than the
owner, or an agent or employee of a facility not related to the resident,
designated in writing by a resident to be his representative, or the resident's
guardian, or the parent of a minor resident for whom no guardian has been appointed.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑124) (from Ch. 111 1/2, par. 4151‑124)
Sec. 1‑124.
"Sheltered care" means maintenance and personal care.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑125) (from Ch. 111 1/2, par. 4151‑125)
Sec. 1‑125.
"Stockholder" of a corporation means any person who, directly
or indirectly, beneficially owns, holds or has the power to vote, at least
5% of any class of securities issued by the corporation.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑125.1) (from Ch. 111 1/2, par. 4151‑125.1)
Sec. 1‑125.1.
"Student intern" means any person whose total term of employment
in any facility during any 12‑month period is equal to or less than 90 continuous
days, and whose term of employment is either,
(1) an academic credit requirement in a high school or undergraduate institution, or
(2) immediately succeeds a full quarter, semester or trimester of academic
enrollment in either a high school or undergraduate institution, provided
that such person is registered for another full quarter, semester or trimester
of academic enrollment in either a high school or undergraduate institution
which quarter, semester or trimester will commence immediately following
the term of employment.
(Source: P.A. 82‑184.)
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(210 ILCS 45/1‑126) (from Ch. 111 1/2, par. 4151‑126)
Sec. 1‑126.
"Title XVIII" means Title XVIII of the Federal Social Security
Act as now or hereafter amended.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑127) (from Ch. 111 1/2, par. 4151‑127)
Sec. 1‑127.
"Title XIX" means Title XIX of the Federal Social Security
Act as now or hereafter amended.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑128) (from Ch. 111 1/2, par. 4151‑128)
Sec. 1‑128.
"Transfer" means a change in status of a resident's living
arrangements from one facility to another facility.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑129) (from Ch. 111 1/2, par. 4151‑129)
Sec. 1‑129.
A "Type 'A' violation" means a violation of this Act or of
the rules promulgated thereunder which creates a condition or occurrence
relating to the operation and maintenance of a facility presenting a substantial
probability that death or serious mental or physical harm to a resident
will result therefrom.
(Source: P.A. 81‑223.)
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(210 ILCS 45/1‑130) (from Ch. 111 1/2, par. 4151‑130)
Sec. 1‑130.
A "Type 'B' violation" means a violation of this Act or of
the rules promulgated thereunder which creates a condition or occurrence
relating to the operation and maintenance of a facility directly threatening
to the health, safety or welfare of a resident.
(Source: P.A. 81‑223.)
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