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


      (210 ILCS 45/Art. III Pt. 2 heading)
PART 2. GENERAL PROVISIONS

    (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.)

    (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.)

    (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.)

    (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.)

    (210 ILCS 45/3‑202.3)
    Sec. 3‑202.3. (Repealed).
(Source: P.A. 94‑163, eff. 7‑11‑05. Repealed by P.A. 94‑752, eff. 5‑10‑06.)

    (210 ILCS 45/3‑202.4)
    Sec. 3‑202.4. (Repealed).
(Source: P.A. 94‑163, eff. 7‑11‑05. Repealed by P.A. 94‑752, eff. 5‑10‑06.)

    (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
    
approved the drawings and specifications for compliance with design and construction standards;
        (2) the construction, major alteration, or addition
    
was built as submitted;
        (3) the law or rules have not been amended since the
    
original approval; and
        (4) the conditions at the facility indicate that
    
there is a reasonable degree of safety provided for the residents.
    (d) The Department shall charge the following fees in connection with its reviews conducted before June 30, 2004 under this Section:
        (1) (Blank).
        (2) (Blank).
        (3) If the estimated dollar value of the alteration,
    
addition, or new construction is $100,000 or more but less than $500,000, the fee shall be the greater of $2,400 or 1.2% of that value.
        (4) If the estimated dollar value of the alteration,
    
addition, or new construction is $500,000 or more but less than $1,000,000, the fee shall be the greater of $6,000 or 0.96% of that value.
        (5) If the estimated dollar value of the alteration,
    
addition, or new construction is $1,000,000 or more but less than $5,000,000, the fee shall be the greater of $9,600 or 0.22% of that value.
        (6) If the estimated dollar value of the alteration,
    
addition, or new construction is $5,000,000 or more, the fee shall be the greater of $11,000 or 0.11% of that value, but shall not exceed $40,000.
    The fees provided in this subsection (d) shall not apply to major construction projects involving facility changes that are required by Department rule amendments.
    The fees provided in this subsection (d) shall also not apply to major construction projects if 51% or more of the estimated cost of the project is attributed to capital equipment. For major construction projects where 51% or more of the estimated cost of the project is attributed to capital equipment, the Department shall by rule establish a fee that is reasonably related to the cost of reviewing the project.
    The Department shall not commence the facility plan review process under this Section until the applicable fee has been paid.
    (e) All fees received by the Department under this Section shall be deposited into the Health Facility Plan Review Fund, a special fund created in the State Treasury. All fees paid by long‑term care facilities under subsection (d) shall be used only to cover the costs relating to the Department's review of long‑term care facility projects under this Section. Moneys shall be appropriated from that Fund to the Department only to pay the costs of conducting reviews under this Section. 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
    
concerning drawings and specifications shall apply only to drawings and specifications submitted to the Department on or after October 1, 1997.
        (2) On and after the effective date of this
    
amendatory Act of 1997 and before October 1, 1997, an applicant may submit or resubmit drawings and specifications to the Department and pay the fees provided in subsection (d). If an applicant pays the fees provided in subsection (d) under this paragraph (2), the provisions of subsection (b) shall apply with regard to those drawings and specifications.
    (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.)

    (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.)

    (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.)

    (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.)

    (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
    
and good moral character, honest, reliable and trustworthy;
        (2) Be able to speak and understand the English
    
language or a language understood by a substantial percentage of the facility's residents;
        (3) Provide evidence of employment or occupation, if
    
any, and residence for 2 years prior to his present employment;
        (4) Have completed at least 8 years of grade school
    
or provide proof of equivalent knowledge;
        (5) Begin a current course of training for nursing
    
assistants, habilitation aides, or child care aides, approved by the Department, within 45 days of initial employment in the capacity of a nursing assistant, habilitation aide, or child care aide at any facility. Such courses of training shall be successfully completed within 120 days of initial employment in the capacity of nursing assistant, habilitation aide, or child care aide at a facility. Nursing assistants, habilitation aides, and child care aides who are enrolled in approved courses in community colleges or other educational institutions on a term, semester or trimester basis, shall be exempt from the 120 day completion time limit. The Department shall adopt rules for such courses of training. These rules shall include procedures for facilities to carry on an approved course of training within the facility.
        The Department may accept comparable training in
    
lieu of the 120 hour course for student nurses, foreign nurses, military personnel, or employes of the Department of Human Services.
        The facility shall develop and implement procedures,
    
which shall be approved by the Department, for an ongoing review process, which shall take place within the facility, for nursing assistants, habilitation aides, and child care aides.
        At the time of each regularly scheduled licensure
    
survey, or at the time of a complaint investigation, the Department may require any nursing assistant, habilitation aide, or child care aide to demonstrate, either through written examination or action, or both, sufficient knowledge in all areas of required training. If such knowledge is inadequate the Department shall require the nursing assistant, habilitation aide, or child care aide to complete inservice training and review in the facility until the nursing assistant, habilitation aide, or child care aide demonstrates to the Department, either through written examination or action, or both, sufficient knowledge in all areas of required training; and
        (6) Be familiar with and have general skills related
    
to resident care.
    (a‑0.5) An educational entity, other than a secondary school, conducting a nursing assistant, habilitation aide, or child care aide training program shall initiate a UCIA criminal history record check prior to entry of an individual into the training program. A secondary school may initiate a UCIA criminal history record check prior to the entry of an individual into a training program.
    (a‑1) Nursing assistants, habilitation aides, or child care aides seeking to be included on the registry 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.)

    (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.)

    (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
    
child care aide has abused a resident.
        (2) The nursing assistant, habilitation aide, or
    
child care aide has neglected a resident.
        (3) The nursing assistant, habilitation aide, or
    
child care aide has misappropriated resident property.
        (4) The nursing assistant, habilitation aide, or
    
child care aide has been convicted of (i) a felony, (ii) a misdemeanor, an essential element of which is dishonesty, or (iii) any crime that is directly related to the duties of a nursing assistant, habilitation aide, or child care aide.
    (b) Notice under this Section shall include a clear and concise statement of the grounds denoting abuse, neglect, or theft and notice of the opportunity for a hearing to contest the designation.
    (c) The Department may 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.)

    (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
    
hands and face, brushing and combing a resident's hair, oral hygiene, shaving residents with an electric razor, and applying makeup.
    The term "resident attendant" does not include an individual who:
        (1) is a licensed health professional or a
    
registered dietitian;
        (2) volunteers without monetary compensation;
        (3) is a nurse assistant; or
        (4) performs any nursing or nursing‑related services
    
for residents of a facility.
    (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
    
evaluation program encompassing the tasks the individual provides; and
        (2) is competent to provide feeding, hydration, and
    
personal hygiene services.
    (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
    
length.
        (2) A hydration unit that is a maximum of 3 hours in
    
length.
        (3) A personal hygiene unit that is a maximum of 5
    
hours in length.
    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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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)

    (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.)

    (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.)

    (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.)

    (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.)

    (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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