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2005 Illinois Code - 210 ILCS 45/      Nursing Home Care Act. Part 2 - Responsibilities


      (210 ILCS 45/Art. II Pt. 2 heading)
PART 2. RESPONSIBILITIES

    (210 ILCS 45/2‑201) (from Ch. 111 1/2, par. 4152‑201)
    Sec. 2‑201. To protect the residents' funds, the facility:
    (1) Shall at the time of admission provide, in order of priority, each resident, or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any, with a written statement explaining to the resident and to the resident's spouse (a) their spousal impoverishment rights, as defined at Section 5‑4 of the Illinois Public Aid Code, and at Section 303 of Title III of the Medicare Catastrophic Coverage Act of 1988 (P.L. 100‑360), and (b) the resident's rights regarding personal funds and listing the services for which the resident will be charged. The facility shall obtain a signed acknowledgment from each resident or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any, that such person has received the statement.
    (2) May accept funds from a resident for safekeeping and managing, if it receives written authorization from, in order of priority, the resident or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any; such authorization shall be attested to by a witness who has no pecuniary interest in the facility or its operations, and who is not connected in any way to facility personnel or the administrator in any manner whatsoever.
    (3) Shall maintain and allow, in order of priority, each resident or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any, access to a written record of all financial arrangements and transactions involving the individual resident's funds.
    (4) Shall provide, in order of priority, each resident, or the resident's guardian, if any, or the resident's representative, if any, or the resident's immediate family member, if any, with a written itemized statement at least quarterly, of all financial transactions involving the resident's funds.
    (5) Shall purchase a surety bond, or otherwise provide assurance satisfactory to the Departments of Public Health and Insurance that all residents' personal funds deposited with the facility are secure against loss, theft, and insolvency.
    (6) Shall keep any funds received from a resident for safekeeping in an account separate from the facility's funds, and shall at no time withdraw any part or all of such funds for any purpose other than to return the funds to the resident upon the request of the resident or any other person entitled to make such request, to pay the resident his allowance, or to make any other payment authorized by the resident or any other person entitled to make such authorization.
    (7) Shall deposit any funds received from a resident in excess of $100 in an interest bearing account insured by agencies of, or corporations chartered by, the State or federal government. The account shall be in a form which clearly indicates that the facility has only a fiduciary interest in the funds and any interest from the account shall accrue to the resident. The facility may keep up to $100 of a resident's money in a non‑interest bearing account or petty cash fund, to be readily available for the resident's current expenditures.
    (8) Shall return to the resident, or the person who executed the written authorization required in subsection (2) of this Section, upon written request, all or any part of the resident's funds given the facility for safekeeping, including the interest accrued from deposits.
    (9) Shall (a) place any monthly allowance to which a resident is entitled in that resident's personal account, or give it to the resident, unless the facility has written authorization from the resident or the resident's guardian or if the resident is a minor, his parent, to handle it differently, (b) take all steps necessary to ensure that a personal needs allowance that is placed in a resident's personal account is used exclusively by the resident or for the benefit of the resident, and (c) where such funds are withdrawn from the resident's personal account by any person other than the resident, require such person to whom funds constituting any part of a resident's personal needs allowance are released, to execute an affidavit that such funds shall be used exclusively for the benefit of the resident.
    (10) Unless otherwise provided by State law, upon the death of a resident, shall provide the executor or administrator of the resident's estate with a complete accounting of all the resident's personal property, including any funds of the resident being held by the facility.
    (11) If an adult resident is incapable of managing his funds and does not have a resident's representative, guardian, or an immediate family member, shall notify the Office of the State Guardian of the Guardianship and Advocacy Commission.
    (12) If the facility is sold, shall provide the buyer with a written verification by a public accountant of all residents' monies and properties being transferred, and obtain a signed receipt from the new owner.
(Source: P.A. 86‑410; 86‑486; 86‑1028; 87‑551; 87‑1122.)

    (210 ILCS 45/2‑201.5)
    Sec. 2‑201.5. Screening prior to admission.
    (a) All persons age 18 or older seeking admission to a nursing facility must be screened to determine the need for nursing facility services prior to being admitted, regardless of income, assets, or funding source. In addition, any person who seeks to become eligible for medical assistance from the Medical Assistance Program under the Illinois Public Aid Code to pay for long term care services while residing in a facility must be screened prior to receiving those benefits. Screening for nursing facility services shall be administered through procedures established by administrative rule. Screening may be done by agencies other than the Department as established by administrative rule. This Section applies on and after July 1, 1996.
    (b) In addition to the screening required by subsection (a), a facility, except for those licensed as long term care for under age 22 facilities, shall, within 24 hours after admission, request a criminal history background check pursuant to the Uniform Conviction Information Act for all persons age 18 or older seeking admission to the facility. Background checks conducted pursuant to this Section shall be based on the resident's name, date of birth, and other identifiers as required by the Department of State Police. If the results of the background check are inconclusive, the facility shall initiate a fingerprint‑based check, unless the fingerprint check is waived by the Director of Public Health based on verification by the facility that the resident is completely immobile or that the resident meets other criteria related to the resident's health or lack of potential risk which may be established by Departmental rule. A waiver issued pursuant to this Section shall be valid only while the resident is immobile or while the criteria supporting the waiver exist. The facility shall provide for or arrange for any required fingerprint‑based checks to be taken on the premises of the facility. If a fingerprint‑based check is required, the facility shall arrange for it to be conducted in a manner that is respectful of the resident's dignity and that minimizes any emotional or physical hardship to the resident.
    A facility, except for those licensed as long term care for under age 22 facilities, shall, within 60 days after the effective date of this amendatory Act of the 94th General Assembly, request a criminal history background check pursuant to the Uniform Conviction Information Act for all persons who are residents of the facility on the effective date of this amendatory Act of the 94th General Assembly. The facility shall review the results of the criminal history background checks immediately upon receipt thereof. If the results of the background check are inconclusive, the facility shall initiate a fingerprint‑based check unless the fingerprint‑based check is waived by the Director of Public Health based on verification by the facility that the resident is completely immobile or that the resident meets other criteria related to the resident's health or lack of potential risk which may be established by Departmental rule. A waiver issued pursuant to this Section shall be valid only while the resident is immobile or while the criteria supporting the waiver exist. The facility shall provide for or arrange for any required fingerprint‑based checks to be taken on the premises of the facility. If a fingerprint‑based check is required, the facility shall arrange for it to be conducted in a manner that is respectful of the resident's dignity and that minimizes any emotional or physical hardship to the resident.
    (c) If the results of a resident's criminal history background check reveal that the resident is an identified offender as defined in Section 1‑114.01, the facility shall immediately fax the resident's name and criminal history information to the Illinois Department of Public Health, which shall conduct a Criminal History Analysis pursuant to Section 2‑201.6. The Criminal History Analysis shall be conducted independently of the Illinois Department of Public Health's Office of Healthcare Regulation. The Office of Healthcare Regulation shall have no involvement with the process of reviewing or analyzing the criminal history of identified offenders.
    (d) The Illinois Department of Public Health shall keep a continuing record of all residents determined to be identified offenders under Section 1‑114.01 and shall report the number of identified offender residents annually to the General Assembly.
(Source: P.A. 94‑163, eff. 7‑11‑05; 94‑752, eff. 5‑10‑06.)

    (210 ILCS 45/2‑201.6)
    Sec. 2‑201.6. Criminal History Analysis.
    (a) The Department shall immediately commence a Criminal History Analysis when it receives information, through the criminal history background check required pursuant to subsection (b) of Section 2‑201.5 or through any other means, that a resident of a facility is an identified offender.
    (b) The Department shall complete the Criminal History Analysis as soon as practicable, but not later than 14 days after receiving notice from the facility under subsection (a).
    (c) The Criminal History Analysis shall include, but not be limited to, all of the following:
        (1) Consultation with the identified offender's
    
assigned parole agent or probation officer, if applicable.
        (2) Consultation with the convicting prosecutor's
    
office.
        (3) A review of the statement of facts, police
    
reports, and victim impact statements, if available.
        (4) An interview with the identified offender.
        (5) Consultation with the facility administrator or
    
facility medical director, or both, regarding the physical condition of the identified offender.
        (6) Consideration of the entire criminal history of
    
the offender, including the date of the identified offender's last conviction relative to the date of admission to a long‑term care facility.
        (7) If the identified offender is a convicted or
    
registered sex offender, a review of any and all sex offender evaluations conducted on that offender. If there is no sex offender evaluation available, the Department shall provide for a sex offender evaluation to be conducted on the identified offender. If the convicted or registered sex offender is under supervision by the Illinois Department of Corrections or a county probation department, the sex offender evaluation shall be arranged by and at the expense of the supervising agency. All evaluations conducted on convicted or registered sex offenders under this Act shall be conducted by sex offender evaluators approved by the Sex Offender Management Board.
    (d) The Department shall prepare a Criminal History Analysis Report based on the analysis conducted pursuant to subsection (c). The Report shall include a summary of the Risk Analysis and shall detail whether and to what extent the identified offender's criminal history necessitates the implementation of security measures within the long‑term care facility. If the identified offender is a convicted or registered sex offender or if the Department's Criminal History Analysis reveals that the identified offender poses a significant risk of harm to others within the facility, the offender shall be required to have his or her own room within the facility.
    (e) The Criminal History Analysis Report shall promptly be provided to the following:
        (1) The long‑term care facility within which the
    
identified offender resides.
        (2) The Chief of Police of the municipality in which
    
the facility is located.
        (3) The State of Illinois Long Term Care Ombudsman.
    (f) The facility shall incorporate the Criminal History Analysis Report into the identified offender's care plan created pursuant to 42 CFR 483.20.
    (g) If, based on the Criminal History Analysis Report, a facility determines that it cannot manage the identified offender resident safely within the facility, it shall commence involuntary transfer or discharge proceedings pursuant to Section 3‑402.
    (h) Except for willful and wanton misconduct, any person authorized to participate in the development of a Criminal History Analysis or Criminal History Analysis Report is immune from criminal or civil liability for any acts or omissions as the result of his or her good faith effort to comply with this Section.
(Source: P.A. 94‑752, eff. 5‑10‑06.)

    (210 ILCS 45/2‑202) (from Ch. 111 1/2, par. 4152‑202)
    Sec. 2‑202. (a) Before a person is admitted to a facility, or at the expiration of the period of previous contract, or when the source of payment for the resident's care changes from private to public funds or from public to private funds, a written contract shall be executed between a licensee and the following in order of priority:
        (1) the person, or if the person is a minor, his
    
parent or guardian; or
        (2) the person's guardian, if any, or agent, if any,
    
as defined in Section 2‑3 of the Illinois Power of Attorney Act; or
        (3) a member of the person's immediate family.
    An adult person shall be presumed to have the capacity to contract for admission to a long term care facility unless he has been adjudicated a "disabled person" within the meaning of Section 11a‑2 of the Probate Act of 1975, or unless a petition for such an adjudication is pending in a circuit court of Illinois.
    If there is no guardian, agent or member of the person's immediate family available, able or willing to execute the contract required by this Section and a physician determines that a person is so disabled as to be unable to consent to placement in a facility, or if a person has already been found to be a "disabled person", but no order has been entered allowing residential placement of the person, that person may be admitted to a facility before the execution of a contract required by this Section; provided that a petition for guardianship or for modification of guardianship is filed within 15 days of the person's admission to a facility, and provided further that such a contract is executed within 10 days of the disposition of the petition.
    No adult shall be admitted to a facility if he objects, orally or in writing, to such admission, except as otherwise provided in Chapters III and IV of the Mental Health and Developmental Disabilities Code or Section 11a‑14.1 of the Probate Act of 1975.
    If a person has not executed a contract as required by this Section, then such a contract shall be executed on or before July 1, 1981, or within 10 days after the disposition of a petition for guardianship or modification of guardianship that was filed prior to July 1, 1981, whichever is later.
    Before a licensee enters a contract under this Section, it shall provide the prospective resident and his guardian, if any, with written notice of the licensee's policy regarding discharge of a resident whose private funds for payment of care are exhausted.
    (b) A resident shall not be discharged or transferred at the expiration of the term of a contract, except as provided in Sections 3‑401 through 3‑423.
    (c) At the time of the resident's admission to the facility, a copy of the contract shall be given to the resident, his guardian, if any, and any other person who executed the contract.
    (d) A copy of the contract for a resident who is supported by nonpublic funds other than the resident's own funds shall be made available to the person providing the funds for the resident's support.
    (e) The original or a copy of the contract shall be maintained in the facility and be made available upon request to representatives of the Department and the Department of Public Aid.
    (f) The contract shall be written in clear and unambiguous language and shall be printed in not less than 12‑point type. The general form of the contract shall be prescribed by the Department.
    (g) The contract shall specify:
        (1) the term of the contract;
        (2) the services to be provided under the contract
    
and the charges for the services;
        (3) the services that may be provided to supplement
    
the contract and the charges for the services;
        (4) the sources liable for payments due under the
    
contract;
        (5) the amount of deposit paid; and
        (6) the rights, duties and obligations of the
    
resident, except that the specification of a resident's rights may be furnished on a separate document which complies with the requirements of Section 2‑211.
    (h) The contract shall designate the name of the resident's representative, if any. The resident shall provide the facility with a copy of the written agreement between the resident and the resident's representative which authorizes the resident's representative to inspect and copy the resident's records and authorizes the resident's representative to execute the contract on behalf of the resident required by this Section.
    (i) The contract shall provide that if the resident is compelled by a change in physical or mental health to leave the facility, the contract and all obligations under it shall terminate on 7 days notice. No prior notice of termination of the contract shall be required, however, in the case of a resident's death. The contract shall also provide that in all other situations, a resident may terminate the contract and all obligations under it with 30 days notice. All charges shall be prorated as of the date on which the contract terminates, and, if any payments have been made in advance, the excess shall be refunded to the resident. This provision shall not apply to life‑care contracts through which a facility agrees to provide maintenance and care for a resident throughout the remainder of his life nor to continuing‑care contracts through which a facility agrees to supplement all available forms of financial support in providing maintenance and care for a resident throughout the remainder of his life.
    (j) In addition to all other contract specifications contained in this Section admission contracts shall also specify:
        (1) whether the facility accepts Medicaid clients;
        (2) whether the facility requires a deposit of the
    
resident or his family prior to the establishment of Medicaid eligibility;
        (3) in the event that a deposit is required, a clear
    
and concise statement of the procedure to be followed for the return of such deposit to the resident or the appropriate family member or guardian of the person;
        (4) that all deposits made to a facility by a
    
resident, or on behalf of a resident, shall be returned by the facility within 30 days of the establishment of Medicaid eligibility, unless such deposits must be drawn upon or encumbered in accordance with Medicaid eligibility requirements established by the Illinois Department of Public Aid.
    (k) It shall be a business offense for a facility to knowingly and intentionally both retain a resident's deposit and accept Medicaid payments on behalf of that resident.
(Source: P.A. 87‑225; 87‑895; 88‑154.)

    (210 ILCS 45/2‑203) (from Ch. 111 1/2, par. 4152‑203)
    Sec. 2‑203. Each facility shall establish a residents' advisory council. The administrator shall designate a member of the facility staff to coordinate the establishment of, and render assistance to, the council.
    (a) The composition of the residents' advisory council shall be specified by Department regulation, but no employee or affiliate of a facility shall be a member of any council.
    (b) The council shall meet at least once each month with the staff coordinator who shall provide assistance to the council in preparing and disseminating a report of each meeting to all residents, the administrator, and the staff.
    (c) Records of the council meetings will be maintained in the office of the administrator.
    (d) The residents' advisory council may communicate to the administrator the opinions and concerns of the residents. The council shall review procedures for implementing resident rights, facility responsibilities and make recommendations for changes or additions which will strengthen the facility's policies and procedures as they affect residents' rights and facility responsibilities.
    (e) The council shall be a forum for:
    (1) Obtaining and disseminating information;
    (2) Soliciting and adopting recommendations for facility programing and improvements;
    (3) Early identification and for recommending orderly resolution of problems.
    (f) The council may present complaints as provided in Section 3‑702 on behalf of a resident to the Department, the Long‑Term Care Facility Advisory Board created by Section 2‑204, or to any other person it considers appropriate.
(Source: P.A. 81‑223.)

    (210 ILCS 45/2‑204) (from Ch. 111 1/2, par. 4152‑204)
    Sec. 2‑204. The Director shall appoint a Long‑Term Care Facility Advisory Board to consult with the Department and the residents' advisory councils created under Section 2‑203.
    (a) The Board shall be comprised of the following persons:
        (1) The Director who shall serve as chairman, ex
    
officio and nonvoting; and
        (2) One representative each of the Department of
    
Public Aid, the Department of Human Services, the Department on Aging, and the Office of the State Fire Marshal, all nonvoting members;
        (3) One member who shall be a physician licensed to
    
practice medicine in all its branches;
        (4) One member who shall be a registered nurse
    
selected from the recommendations of professional nursing associations;
        (5) Four members who shall be selected from the
    
recommendations by organizations whose membership consists of facilities;
        (6) Two members who shall represent the general
    
public who are not members of a residents' advisory council established under Section 2‑203 and who have no responsibility for management or formation of policy or financial interest in a facility;
        (7) One member who is a member of a residents'
    
advisory council established under Section 2‑203 and is capable of actively participating on the Board; and
        (8) One member who shall be selected from the
    
recommendations of consumer organizations which engage solely in advocacy or legal representation on behalf of residents and their immediate families.
    (b) The terms of those members of the Board appointed prior to the effective date of this amendatory Act of 1988 shall expire on December 31, 1988. Members of the Board created by this amendatory Act of 1988 shall be appointed to serve for terms as follows: 3 for 2 years, 3 for 3 years and 3 for 4 years. The member of the Board added by this amendatory Act of 1989 shall be appointed to serve for a term of 4 years. Each successor member shall be appointed for a term of 4 years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. The Board shall meet as frequently as the chairman deems necessary, but not less than 4 times each year. Upon request by 4 or more members the chairman shall call a meeting of the Board. The affirmative vote of 6 members of the Board shall be necessary for Board action. A member of the Board can designate a replacement to serve at the Board meeting and vote in place of the member by submitting a letter of designation to the chairman prior to or at the Board meeting. The Board members shall be reimbursed for their actual expenses incurred in the performance of their duties.
    (c) The Advisory Board shall advise the Department of Public Health on all aspects of its responsibilities under this Act, including the format and content of any rules promulgated by the Department of Public Health. Any such rules, except emergency rules promulgated pursuant to Section 5‑45 of the Illinois Administrative Procedure Act, promulgated without obtaining the advice of the Advisory Board are null and void. In the event that the Department fails to follow the advice of the Board, the Department shall, prior to the promulgation of such rules, transmit a written explanation of the reason thereof to the Board. During its review of rules, the Board shall analyze the economic and regulatory impact of those rules. If the Advisory Board, having been asked for its advice, fails to advise the Department within 90 days, the rules shall be considered acted upon.
(Source: P.A. 88‑45; 89‑507, eff. 7‑1‑97.)

    (210 ILCS 45/2‑205) (from Ch. 111 1/2, par. 4152‑205)
    Sec. 2‑205. The following information is subject to disclosure to the public from the Department or the Department of Public Aid:
    (1) Information submitted under Sections 3‑103 and 3‑207 except information concerning the remuneration of personnel licensed, registered, or certified by the Department of Professional Regulation and monthly charges for an individual private resident;
    (2) Records of license and certification inspections, surveys, and evaluations of facilities, other reports of inspections, surveys, and evaluations of resident care, and reports concerning a facility prepared pursuant to Titles XVIII and XIX of the Social Security Act, subject to the provisions of the Social Security Act;
    (3) Cost and reimbursement reports submitted by a facility under Section 3‑208, reports of audits of facilities, and other public records concerning costs incurred by, revenues received by, and reimbursement of facilities; and
    (4) Complaints filed against a facility and complaint investigation reports, except that a complaint or complaint investigation report shall not be disclosed to a person other than the complainant or complainant's representative before it is disclosed to a facility under Section 3‑702, and, further, except that a complainant or resident's name shall not be disclosed except under Section 3‑702.
    The Department shall disclose information under this Section in accordance with provisions for inspection and copying of public records required by The Freedom of Information Act.
    However, the disclosure of information described in subsection (1) shall not be restricted by any provision of The Freedom of Information Act.
(Source: P.A. 85‑1209; 85‑1378.)

    (210 ILCS 45/2‑206) (from Ch. 111 1/2, par. 4152‑206)
    Sec. 2‑206. (a) The Department shall respect the confidentiality of a resident's record and shall not divulge or disclose the contents of a record in a manner which identifies a resident, except upon a resident's death to a relative or guardian, or under judicial proceedings. This Section shall not be construed to limit the right of a resident to inspect or copy the resident's records.
    (b) Confidential medical, social, personal, or financial information identifying a resident shall not be available for public inspection in a manner which identifies a resident.
(Source: P.A. 81‑1349.)

    (210 ILCS 45/2‑207) (from Ch. 111 1/2, par. 4152‑207)
    Sec. 2‑207. (a) Each year the Department shall publish a Directory for each public health region listing facilities to be made available to the public and be available at all Department offices. The Department may charge a fee for the Directory. The Directory shall contain, at a minimum, the following information:
    (1) The name and address of the facility;
    (2) The number and type of licensed beds;
    (3) The name of the cooperating hospital, if any;
    (4) The name of the administrator;
    (5) The facility telephone number; and
    (6) Membership in a provider association and accreditation by any such organization.
    (b) Detailed information concerning basic costs for care and operating policies shall be available to the public upon request at each facility. However, a facility may refuse to make available any proprietary operating policies to the extent such facility reasonably believes such policies may be revealed to a competitor.
(Source: P.A. 81‑1349.)

    (210 ILCS 45/2‑208) (from Ch. 111 1/2, par. 4152‑208)
    Sec. 2‑208. A facility shall immediately notify the resident's next of kin, representative and physician of the resident's death or when the resident's death appears to be imminent.
(Source: P.A. 81‑223.)

    (210 ILCS 45/2‑209) (from Ch. 111 1/2, par. 4152‑209)
    Sec. 2‑209. A facility shall admit only that number of residents for which it is licensed.
(Source: P.A. 81‑223.)

    (210 ILCS 45/2‑210) (from Ch. 111 1/2, par. 4152‑210)
    Sec. 2‑210. A facility shall establish written policies and procedures to implement the responsibilities and rights provided in this Article. The policies shall include the procedure for the investigation and resolution of resident complaints as set forth under Section 3‑702. The policies and procedures shall be clear and unambiguous and shall be available for inspection by any person. A summary of the policies and procedures, printed in not less than 12 point type, shall be distributed to each resident and representative.
(Source: P.A. 81‑223.)

    (210 ILCS 45/2‑211) (from Ch. 111 1/2, par. 4152‑211)
    Sec. 2‑211. Each resident and resident's guardian or other person acting for the resident shall be given a written explanation, prepared by the Office of the State Long Term Care Ombudsman, of all the rights enumerated in Part 1 of this Article and in Part 4 of Article III. For residents of facilities participating in Title 18 or 19 of the Social Security Act, the explanation shall include an explanation of residents' rights enumerated in that Act. The explanation shall be given at the time of admission to a facility or as soon thereafter as the condition of the resident permits, but in no event later than 48 hours after admission, and again at least annually thereafter. At the time of the implementation of this Act each resident shall be given a written summary of all the rights enumerated in Part 1 of this Article.
    If a resident is unable to read such written explanation, it shall be read to the resident in a language the resident understands. In the case of a minor or a person having a guardian or other person acting for him, both the resident and the parent, guardian or other person acting for the resident shall be fully informed of these rights.
(Source: P.A. 87‑549.)

    (210 ILCS 45/2‑212) (from Ch. 111 1/2, par. 4152‑212)
    Sec. 2‑212. The facility shall ensure that its staff is familiar with and observes the rights and responsibilities enumerated in this Article.
(Source: P.A. 81‑223.)

    (210 ILCS 45/2‑213)
    Sec. 2‑213. Vaccinations.
    (a) A facility shall annually administer or arrange for administration of a vaccination against influenza to each resident, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention that are most recent to the time of vaccination, unless the vaccination is medically contraindicated or the resident has refused the vaccine. Influenza vaccinations for all residents age 65 and over shall be completed by November 30 of each year or as soon as practicable if vaccine supplies are not available before November 1. Residents admitted after November 30, during the flu season, and until February 1 shall, as medically appropriate, receive an influenza vaccination prior to or upon admission or as soon as practicable if vaccine supplies are not available at the time of the admission, unless the vaccine is medically contraindicated or the resident has refused the vaccine. In the event that the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention determines that dates of administration other than those stated in this Act are optimal to protect the health of residents, the Department is authorized to develop rules to mandate vaccinations at those times rather than the times stated in this Act. A facility shall document in the resident's medical record that an annual vaccination against influenza was administered, arranged, refused or medically contraindicated.
    (b) A facility shall administer or arrange for administration of a pneumococcal vaccination to each resident who is age 65 and over, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, who has not received this immunization prior to or upon admission to the facility, unless the resident refuses the offer for vaccination or the vaccination is medically contraindicated. A facility shall document in each resident's medical record that a vaccination against pneumococcal pneumonia was offered and administered, arranged, refused, or medically contraindicated.
(Source: P.A. 93‑384, eff. 7‑25‑03; 94‑429, eff. 8‑2‑05.)

    (210 ILCS 45/2‑215)
    Sec. 2‑215. Conflicts with the Department of Veterans Affairs Act. If there is a conflict between the provisions of this Act and the provisions of the Department of Veterans Affairs Act concerning an Illinois Veterans Home not operated by the Department of Veterans' Affairs, then the provisions of this Act shall apply.
(Source: P.A. 90‑168, eff. 7‑23‑97.)

    (210 ILCS 45/2‑216)
    Sec. 2‑216. Notification of identified offenders. Every licensed facility shall provide to every prospective and current resident and resident's guardian, and to every facility employee, a written notice, prescribed by the Illinois Department of Public Health, advising the resident, guardian, or employee of his or her right to ask whether any residents of the facility are identified offenders. The notice shall also be prominently posted within every licensed facility. The notice shall include a statement that information regarding registered sex offenders may be obtained from the Illinois State Police website and that information regarding persons serving terms of parole or mandatory supervised release may be obtained from the Illinois Department of Corrections website.
(Source: P.A. 94‑163, eff. 7‑11‑05; 94‑752, eff. 5‑10‑06.)

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