2005 Illinois Code - 210 ILCS 45/ Nursing Home Care Act. Part 8 - Miscellaneous Provisions
(210 ILCS 45/Art. III Pt. 8 heading)
PART 8.
MISCELLANEOUS PROVISIONS
(210 ILCS 45/3‑801) (from Ch. 111 1/2, par. 4153‑801)
Sec. 3‑801.
The Department shall have the power to adopt rules and regulations
to carry out the purpose of this Act.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑801.1) (from Ch. 111 1/2, par. 4153‑801.1)
Sec. 3‑801.1.
Notwithstanding the other provisions of this Act to the
contrary, the agency designated by the Governor under Section 1 of "An Act in
relation to the protection and advocacy of the rights of persons with
developmental disabilities, and amending Acts therein named", enacted by the
84th General Assembly, shall have access to the records of a person with
developmental disabilities who resides in a facility, subject to the
limitations of this Act. The agency shall also have access for the purpose of
inspection and copying, to the records of a person with developmental
disabilities who resides in any such facility if (1) a complaint is received by
such agency from or on behalf of the person with a developmental disability,
and (2) such person does not have a guardian or the State or the designee of
the State is the guardian of such person. The designated agency shall provide
written notice to the person with developmental disabilities and the State
guardian of the nature of the complaint based upon which the designated agency
has gained access to the records. No record or the contents of any record shall
be redisclosed by the designated agency unless the person with developmental
disabilities and the State guardian are provided 7 days advance written notice,
except in emergency situations, of the designated agency's intent to redisclose
such record, during which time the person with developmental disabilities or
the State guardian may seek to judicially enjoin the designated agency's
redisclosure of such record on the grounds that such redisclosure is contrary
to the interests of the person with developmental disabilities. If a person
with developmental disabilities resides in such a facility and has a guardian
other than the State or the designee of the State, the facility director shall
disclose the guardian's name, address, and telephone number to the designated
agency at the agency's request.
Upon request, the designated agency shall be entitled to inspect and copy
any records or other materials which may further the agency's investigation
of problems affecting numbers of persons with developmental disabilities. When
required by law any personally identifiable information of persons with a
developmental disability shall be removed from the records. However, the
designated agency may not inspect or copy any records or other materials when
the removal of personally identifiable information imposes an unreasonable
burden on the facility.
For the purposes of this Section, "developmental disability" means a
severe, chronic disability of a person which ‑
(A) is attributable to a mental or physical impairment or combination of
mental and physical impairments;
(B) is manifested before the person attains age 22;
(C) is likely to continue indefinitely;
(D) results in substantial functional limitations in 3 or more of the
following areas of major life activity: (i) self‑care, (ii) receptive and
expressive language, (iii) learning, (iv) mobility, (v) self‑direction,
(vi) capacity for independent living, and (vii) economic self‑sufficiency; and
(E) reflects the person's need for combination and sequence of special,
interdisciplinary or generic care, treatment or other services which are of
lifelong or extended duration and are individually planned and coordinated.
(Source: P.A. 88‑380.)
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(210 ILCS 45/3‑802) (from Ch. 111 1/2, par. 4153‑802)
Sec. 3‑802.
The provisions of "The Illinois Administrative Procedure Act",
approved September 22, 1975, as now or hereafter amended, are hereby expressly
adopted and shall apply to all administrative rules and procedures of the
Department under this Act.
(Source: P.A. 81‑223.)
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(210 ILCS 45/3‑803) (from Ch. 111 1/2, par. 4153‑803)
Sec. 3‑803.
Nothing in this Act or the rules and regulations adopted pursuant
thereto shall be construed as authorizing the medical supervision,
regulation, or control of the remedial care or treatment of residents in
any facility conducted for those who rely upon treatment by prayer or spiritual
means in accordance with the creed or tenets of any well recognized church
or religious denomination.
(Source: P.A. 86‑130.)
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(210 ILCS 45/3‑804) (from Ch. 111 1/2, par. 4153‑804)
Sec. 3‑804.
The Department shall report to the General Assembly by
April 1 of each year upon the performance of its inspection, survey and
evaluation duties under this Act, including the number and needs of the
Department personnel engaged in such activities. The report shall also
describe the Department's actions in enforcement of this Act, including
the number and needs of personnel so engaged.
The report shall also include the number of valid and invalid complaints filed with
the Department within the last calendar year.
(Source: P.A. 84‑1322.)
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(210 ILCS 45/3‑805) (from Ch. 111 1/2, par. 4153‑805)
Sec. 3‑805.
(a) The Department shall conduct a pilot project to
examine, study and contrast the Joint Commission on the Accreditation of
Health Care Organizations ("Commission") accreditation review process with
the current regulations and licensure surveys process conducted by the
Department for long‑term care facilities. This pilot project will enable
qualified facilities to apply for participation in the project, in which
surveys completed by the Commission are accepted by the Department in lieu of
inspections required by this Act, as provided in subsection (b) of this
Section. It is intended that this pilot project shall commence on January 1,
1990, and shall conclude on December 31, 2000, with a final report
to be
submitted to the Governor and the General Assembly by June 30, 2001.
(b) (1) In lieu of conducting an inspection for license renewal under
this Act, the Department may accept from a facility that is accredited
by the Commission under the Commission's long‑term care standards the
facility's most recent annual accreditation review by the Commission. In
addition to such review, the facility shall submit any fee or other license
renewal report or information required by law. The Department may accept
such review for so long as the Commission maintains an annual inspection or
review program. If the Commission does not conduct an on‑site annual
inspection or review, the Department shall conduct an inspection as
otherwise required by this Act. If the Department determines that an
annual on‑site inspection or review conducted by the Commission does not
meet minimum standards set by the Department, the Department shall not
accept the Commission's accreditation review and shall conduct an
inspection as otherwise required by this Act.
The Department shall establish procedures applicable to the pilot project
conducted pursuant to this Section. The procedures shall provide for a
review of the Commission's survey findings that may be Type "A" or Type
"B" violations under this Act requiring immediate correction, the taking of
necessary and appropriate action to determine whether such violations
exist, and steps to effect corrective action in cooperation with the
Commission, or otherwise under this Act, as may be necessary. The
Department shall also establish procedures to require the Commission to
immediately report to the Department any survey finding that constitutes a
condition or occurrence relating to the operation and maintenance of a
facility which presents a substantial probability that death or serious
mental or physical harm to a resident will result therefrom, so as to
enable the Department to take necessary and appropriate action under this Act.
(2) This subsection (b) does not limit the Department in performing any
inspections or other duties authorized by this Act, or under any contract
relating to the medical assistance program administered by the Illinois
Department of Public Aid, or under Title XVIII or Title XIX of the Social
Security Act.
(3) No facility shall be required to obtain accreditation from the
Commission.
(c) Participation in the pilot project shall be limited to facilities
selected at random by the Director, provided that:
(1) facilities shall apply to the Director for |
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selection to participate;
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(2) facilities which are currently accredited by the
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Commission may apply to participate;
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(3) any facility not accredited by the Commission at
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the time of application to participate in the pilot project shall apply for such accreditation;
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(4) the number of facilities so selected shall be no
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greater than 15% of the total number of long‑term care facilities licensed under this Act;
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(5) the number of facilities so selected shall be
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divided equally between facilities having fewer than 100 beds and facilities having 100 or more beds;
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(6) facilities so selected shall have been licensed
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for more than 2 years and shall not have been issued a conditional license within 2 years before applying for participation in the pilot project; and
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(7) no facilities so selected shall have been issued
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a notice of a Type "A" violation within one year before applying for participation in the pilot project.
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(d) Inspections and surveys conducted by the Commission under
the pilot project for initial or continued accreditation shall not be
announced in advance to the facility being inspected or surveyed, and shall
provide for participation in the inspection or survey process by residents
of the facility and the public.
(e) With respect to any facility accredited by the Commission, the
Commission shall submit to the Department copies of:
(1) the accreditation award letter;
(2) the accreditation report, including
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recommendations and comments by the Commission; and
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(3) any correspondence directly related to the
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(f) No facility which is denied initial or continued accreditation by
the Commission shall participate in the pilot project.
(g) The Director shall meet at least once every 6 months with the
director of the Commission's long‑term care facility accreditation program
to review, coordinate and modify as necessary the services performed by the
Commission under the pilot project. On or before June 30, 1993, the
Director shall submit to the Governor and to the General Assembly a report
evaluating the pilot project and making any recommendations deemed necessary.
(h) This Section does not limit the Department in performing any
inspections or other duties authorized by this Act, or under any contract
relating to the medical assistance program administered by the Illinois
Department of Public Aid, or under Title XVIII or Title XIX of the Social
Security Act.
(Source: P.A. 89‑171, eff. 7‑19‑95; 89‑381, eff. 8‑18‑95; 89‑626,
eff. 8‑9‑96; 90‑353, eff. 8‑8‑97.)
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(210 ILCS 45/3‑807)
Sec. 3‑807.
Review of shelter care licensure standards.
On or before
March 1, 1994, the Department shall submit to the Governor and the General
Assembly a report concerning the necessity of revising the current statutory
and regulatory standards of licensure under the category of shelter care. The
Department shall conduct a review of those standards for that category, taking
into consideration the Department on Aging's report on board and care homes
prepared pursuant to Section 4.02a of the Illinois Act on the Aging. The
Department's report shall include recommendations for statutory or regulatory
changes necessary to address the regulation of facilities providing room,
board, and personal care to older persons and disabled persons.
(Source: P.A. 88‑252.)
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