Part 350: INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE

Section 350.290 Quarterly List of Violators (Repealed) (Source: Repealed at 24 Ill. Reg. 17254, effective November 1, 2000)

Section 350.2910 Applicability a) This Subpart N applies to all existing Long-Term Care Facilities and all minor alterations or remodeling changes to existing facilities. See Section 350.2610(b) for New Construction and Major Additions and Alterations. Minor alterations or remode…

Section 350.2920 Codes and Standards a) Nothing stated herein shall relieve the sponsor from compliance with building codes, ordinances and regulations which are enforced by city, county or other local jurisdictions. (B) b) The 1981 Edition of the National Fire Protection Associa…

Section 350.2930 Preparation of Drawings and Specifications Drawings and specifications which are prepared for work which is required by this Part shall be prepared in accordance with Section 350.2630. (Source: Amended at 13 Ill. Reg. 6040, effective April 17, 1989)

Section 350.2940 Site a) Each facility shall comply with all applicable zoning ordinance and be located on a reasonably flat or rolling, well-drained site that is: not subject to flooding; reasonably free from sources of excessive noise, noxious or hazardous smoke or fumes; not i…

Section 350.2950 Administration and Public Areas a) Facilities for the physically handicapped (public, staff and residents) shall be provided in administration and public areas as well as in resident areas. b) Each facility shall be provided with sufficient administrative office …

Section 350.2960 Nursing Unit a) General Requirements for Bedrooms 1) Resident bedrooms shall have an entrance directly off a corridor with an entrance door that swings into the room. Rooms used as bedrooms and included in the licensed capacity as of December 24, 1987, which do n…

Section 350.2970 Living, Dining, Activities Rooms a) Provide at least one comfortably furnished living room and dining room for use of residents. 1) The room shall be an outside room. Their combined areas shall be not less than 40 square feet per resident bed. 2) The dining room …

Section 350.2980 Treatment and Personal Care Space and appropriate equipment shall be provided to meet the resident's needs for treatment, grooming and hair care. (Source: Amended at 13 Ill. Reg. 6040, effective April 17, 1989)

Section 350.2990 Service Department a) Kitchen 1) Provide a kitchen area, not including food storage area, of approximately ten square feet per resident bed; this may be reduced for a facility with 75 or more beds. Any deviation from this requirement must receive approval from th…

Section 350.300 Alcoholism Treatment Programs in Long-Term Care Facilities a) A facility that desires to provide an alcoholism treatment program shall first receive written approval from the Department. Approval will be granted only if the facility can demonstrate that the progra…

Section 350.3000 General Building Requirements a) Elevators 1) Provide a minimum of one elevator in all buildings of three or more stories in height. Additional elevators shall be provided as determined by the Department. The basement, if it is used by residents, shall be conside…

Section 350.3010 Structural a) Buildings and all parts thereof shall be maintained structurally to support all dead, live and lateral loads. (B) b) Buildings shall be maintained in good repair. Buildings that show signs of distress shall be repaired immediately. (B) (Source: Amen…

Section 350.3020 Mechanical Systems a) Mechanical systems shall be maintained to assure proper working order and safe operation. Instructions in the operational use of the systems and equipment shall be available at the facility. b) Thermal and Acoustical Insulation. Insulation s…

Section 350.3030 Plumbing Systems a) All plumbing systems shall be designed and installed in accordance with the requirements of the Department's rules entitled "Illinois Plumbing Code" (77 Ill. Adm. Code 890) except that the number of water closets, lavatories, bath tubs, shower…

Section 350.3040 Electrical Requirements a) The electrical installation for existing facilities shall continue to meet all the requirements of the National Electrical Code, effective at the time of approval by the Department of final drawings and specification or the inspection o…

Section 350.310 Department May Survey Facilities Formerly Licensed The Department may survey any former facility that once held a license to ensure that the facility is not again operating without a license. (Section 3-107 of the Act) (Source: Amended at 48 Ill. Reg. 2546, effect…

Section 350.315 Supported Congregate Living Arrangement Demonstration (Repealed) (Source: Repealed at 46 Ill. Reg. 10519, effective June 2, 2022)

Section 350.320 Waivers a) Upon application by a facility, the Director may grant or renew the waiver of the facility's compliance with a rule or standard for a period not to exceed the duration of the current license or, in the case of an application for license renewal, the dur…

Section 350.3210 General a) No resident shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of his or her status as a resident of a facility. (Section 2-1…

Section 350.3220 Medical and Personal Care Program a) A resident shall be permitted to retain the services of his or her own personal physician at his or her own expense under an individual or group plan of health insurance, or under any public or private assistance program provi…

Section 350.3230 Restraints (Repealed) (Source: Repealed at 22 Ill. Reg. 16557, effective September 18, 1998)

Section 350.3240 Abuse and Neglect a) An owner, licensee, administrator, employee or agent of a facility shall not abuse or neglect a resident. It is the duty of any facility employee or agent who becomes aware of such abuse or neglect to report it as provided in the Abused and N…

Section 350.3250 Communication and Visitation a) Every resident shall be permitted unimpeded, private and uncensored communication of his choice by mail, public telephone or visitation. (Section 2-108 of the Act) b) The administrator shall ensure that correspondence is convenient…

Section 350.3260 Resident's Funds a) A resident shall be permitted to manage his or her own financial affairs unless he or she or his or her guardian or if the resident is a minor, his or her parent, authorizes the administrator of the facility in writing to manage such resident'…

Section 350.3270 Residents' Advisory Council Each resident shall have the right to participate in a residents' advisory council as indicated in Section 350.650(a) through (m). (Source: Amended at 13 Ill. Reg. 6040, effective April 17, 1989)

Section 350.3280 Contract With Facility Each resident shall have the right to contract with the facility as indicated in Section 350.640(a) through (s). (Source: Amended at 13 Ill. Reg. 6040, effective April 17, 1989)

Section 350.3290 Private Right of Action a) Each resident shall have the right to maintain a private right of action against a facility as described in subsections (b) through (i). b) The owner and licensee are liable to a resident for any intentional or negligent act or omission…

Section 350.330 Definitions Abuse − any physical or mental injury or sexual assault inflicted on a resident other than by accidental means in a facility. (Section 1-103 of the Act) Abuse means: Physical abuse means any physical motion or action (e.g., hitting, slapping, punching,…

Section 350.3300 Transfer or Discharge a) A resident may be discharged from a facility after he or she gives the administrator, a physician, or a nurse of the facility written notice of his or her desire to be discharged. If a guardian has been appointed for a resident or if the …

Section 350.3310 Complaint Procedures a) A resident shall be permitted to present grievances on behalf of themself or others to the administrator, the DD Facility Advisory Board established under Section 2-204 of the Act, the residents' advisory council, State governmental agenci…

Section 350.3320 Confidentiality 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 judic…

Section 350.3330 Facility Implementation a) A facility shall establish written policies and procedures to implement the responsibilities and rights provided in Article II of the Act. The policies shall include the procedure for the investigation and resolution of resident complai…

Section 350.340 Incorporated and Referenced Materials a) The following regulations and standards are incorporated in this Part: 1) Private and professional association standards: A) ANSI/ASME Standard A17.1 – 2007, Safety Code for Elevators and Escalators, which may be obtained f…

Section 350.3710 Applicability of Other Provisions of this Part a) An Intermediate Care Facility for the Developmentally Disabled of 16 Beds or Less - is a facility licensed as an intermediate care facility for the developmentally disabled (ICF/DD) for 16 or fewer residents. b) T…

Section 350.3720 Administration a) The administrator is responsible for ensuring that the facility remains in compliance with the Act and this Subpart P, and that all resident care plans are carried out as written. The administrator need not be full-time as required by Section 35…

Section 350.3730 Admission and Discharge Policies a) Residents shall only be admitted who have had a comprehensive evaluation covering physical, emotional, social and cognitive factors, reviewed by an appropriately constituted interdisciplinary team (IDT). As part of this evaluat…

Section 350.3740 Personnel a) The Resident Services Director shall be responsible for ensuring that all recommendations in the individual plan of care are carried out as stated in the plan. The Resident Services Director shall spend at least two hours per week per resident in the…

Section 350.3750 Consultation Services and Nursing Services Residents needing nursing care shall be admitted to an ICF/DD of 16 Beds or Less only if the facility has adequate professional nursing services to meet the resident's needs. Arrangements shall be made through formal con…

Section 350.3760 Medication Policies a) In order for each resident to attain the highest possible level of independent functioning, all residents shall be permitted to participate in their total health care program. This program shall include, but not be limited to, resident trai…

Section 350.3770 Food Services a) The food service in each facility shall be under the operational supervision of a manager or supervisor who has been certified in food service sanitation in accordance with Subpart C of the Department's rules entitled, Food Service Sanitation Cod…

Section 350.3780 Codes and Standards a) In addition to compliance with the Standards set forth herein, all building codes, ordinances and regulations which are enforced by City, County or other local jurisdictions in which the facility is, or will be located must be observed. b) …

Section 350.3790 Administration and Public Areas Accommodations (ramps, low thresholds, toilets, lavatories, and drinking fountains) for the physically handicapped (public, staff) shall be provided in administration and public areas, if these areas are located within the facility…

Section 350.3800 Bedrooms a) Each single bedroom used for a resident shall have at least 80 square feet of usable net floor area, not including any space taken up for closets, wardrobes, bathrooms, and clearly definable entryway areas. b) Each multiple bedroom used for residents …

Section 350.3810 Nurses Station A nurses station is not a required in Intermediate Care Facilities for the Developmentally Disabled of 16 Beds or Less. (Source: Amended at 15 Ill. Reg. 466, effective January 1, 1991)

Section 350.3820 Bath and Toilet Rooms a) Bathing facility shall be provided for each eight resident beds per floor which is not otherwise served by bathing facilities adjacent to the resident room. 1) At least one bathtub or shower and one toilet shall be provided on each floor …

Section 350.3830 Utility Rooms a) A clean utility room and soiled utility room are not required. b) A charging room for a linen chute is not required. c) A nourishment station is not required. d) An examination and treatment room is not required. e) Equipment storage rooms for IV…