Illinois Administrative Code

Section 385.1050 Filing an Annual Attested Financial Statement Each licensee shall submit an annual attested financial statement to the Department.

Section 385.1060 Information to be Made Available to the Public by the Licensee a) Every facility shall conspicuously post or display in an area of its offices accessible to clients, employees, and visitors the following: 1) Its current license; 2) A copy of any order currently i…

Section 385.1070 Ownership Disclosure a) As a condition of the issuance or renewal of a license, the applicant or licensee shall file a statement of ownership. The applicant shall notify the Department of any change in the information required in the statement of ownership within…

Section 385.1080 Definitions Abuse – Any physical or mental injury or sexual assault inflicted on a client in a facility other than by accidental means. Act – The Supportive Residences Licensing Act (Ill. Rev. Stat. 1991, ch. 111½, par. 9001 et seq.) [210 ILCS 65]. Activities of …

Section 385.1200 Facility Manager A full-time employee shall be designated as the facility manager and shall be responsible for overall management of the facility. The manager must, at a minimum, have a Bachelor's Degree from an accredited college or adequate equivalent experienc…

Section 385.1250 Disaster Preparedness The facility shall develop and implement plans for disaster preparedness and fire safety, including a plan for evaluation of the facility. Employees shall receive instruction on implementation of the plans including instruction in the use of…

Section 385.1300 Infection Control The facility shall develop and implement infection control policies and procedures, and adhere to universal precautions. The manager shall establish programs to assure compliance with the infection control policies and procedures. The facility s…

Section 385.1350 Case Management System The facility must develop and maintain a case management system as part of its services. Individuals identified as having case management responsibility shall create and monitor an integrated care plan for each client, which shall be regula…

Section 385.1400 Facility Admission a) Before a person is admitted to a facility, or at the expiration of the period of a previous contract, a written contract shall be executed between a licensee and client or client's representative. b) An adult person shall be presumed to have…

Section 385.1450 Contract At the time of the client's admission to the facility, a copy of the written contract shall be given to the client and his/her client representative. The contract shall specify the services that will or will not be provided. The contract shall specify th…

Section 385.1500 Policies and Procedures a) The facility shall develop and implement written policies and procedures that provide for the following: admission and discharge practices; information concerning an individual's rights under State law to make decisions regarding treatm…

Section 385.1550 Clients' Rights a) A client shall not be deprived of any rights, benefits, or privileges guaranteed by law based solely on his/her status as a resident of the facility. b) A client shall be permitted to retain and use or wear his/her personal property in his/her …

Section 385.1600 Rights in Medical Services a) A client shall be permitted to retain the services of his/her own personal physician at his/her own expense under an individual or group plan of health insurance, or under any public or private assistance program providing such cover…

Section 385.1650 Restraints a) Restraints shall not be used except as a temporary measure to administer treatment or medications or in an emergency. 1) In the case of administering treatment or medication, restraints shall be used only with the written order of the physician. The…

Section 385.1700 Communication and Visitation a) Every client shall be permitted unimpeded, private and uncensored communication of his/her choice by mail and public telephone. The facility management shall ensure that correspondence is promptly received and mailed, and that tele…

Section 385.1750 Client's Funds A client shall be permitted to manage his/her own financial affairs. A facility shall not manage client funds.

Section 385.1800 Transfer or Discharge a) A client shall be voluntarily discharged from the facility after he/she gives facility management, a physician, or a nurse of the facility written notice of the desire to be discharged. A client shall be discharged upon written consent of…

Section 385.1850 Clients Advising the Facility a) There shall be a mechanism for regular client input in the decision-making processes of the facility. Provisions shall be made for evaluation and review of conditions and policies by the governing body. b) There shall be regular m…

Section 385.1900 Abuse and Neglect a) A licensee, facility manager, employee, volunteer or agent of a facility shall not abuse or neglect a client. b) A facility employee, agent, or volunteer who becomes aware of abuse or neglect of a client shall immediately report the matter to…

Section 385.1950 Employee and Volunteer Policies and Procedures a) The facility shall develop job descriptions for each position including specifying minimum qualifications. Employees and volunteers shall meet or exceed the minimum qualifications for the position for which they a…

Section 385.2000 Medical and Supportive Services a) Each client admitted shall be under the care of a physician. Clients shall be referred to a physician if they do not have one identified at the time of admission. b) Each client admitted shall have had a physical examination wit…

Section 385.2050 General Requirements for Nursing and Assistance with Activities of Daily Living a) Adequate and properly supervised nursing care and assistance with activities of daily living shall be provided to each client to meet the total care needs of the client as determin…

Section 385.2100 Medication Policies and Procedures a) Development of Medication Policies 1) Every facility shall adopt written policies and procedures which shall be followed in the operation of the facility for properly and promptly obtaining, dispensing, administering, and dis…

Section 385.2150 Control of Medications a) The facility shall comply with all federal and State laws and regulations relating to the procurement, storage, dispensing, administration, and disposal of medications. b) All Schedule II controlled substances shall be stored in such a m…

Section 385.2200 Labeling, Storage and Administration of Medications a) Clients shall be encouraged to independently administer their own medications. If a client cannot administer his/her own medications, administration shall be by licensed medical or licensed nursing personnel …

Section 385.2250 Nutritional Issues If the integrated care plan identifies that client intake of adequate nutrition or hydration is a problem, a plan shall be developed to meet those needs.

Section 385.2300 Meal Service Meals shall be scheduled in accordance with times customary in the community. Care shall be taken to ensure a variety of menus that recognize client preferences.

Section 385.2350 Food Service Sanitation a) Food shall be free from spoilage, filth, and other contamination, and shall be safe for human consumption. Food must be prepared in an inspected food service establishment. b) Food must be protected from potential contamination while be…

Section 385.2400 Physical Plant a) Not more than two people shall share a bedroom. No room commonly used for other purposes, including, but not limited to, a hall, stairway, attic, garage, storage area, shed or similar detached building, shall be used as a sleeping room for any c…

Section 385.2500 Violations a) If the Department determines that a supportive residence is not in compliance with the Act or this Part, the Department shall promptly serve a notice of violation upon the licensee. The notice shall be served on the licensee personally or by certifi…

Section 385.2550 Adverse Licensure Action a) Adverse licensure actions include the denial of an initial license application, denial of an application for license renewal, revocation of a license, and suspension of a license. b) Adverse licensure action shall be considered by the …

Section 385.2600 Hearings Hearings conducted pursuant to the Act and this Part shall be conducted in accordance with the following: a) Section 55 of the Act; b) The Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) [5 ILCS 100]; c) The rul…

Section 389.100 Definitions "Act" means the Authorized Electronic Monitoring in Long-Term Care Facilities Act. "Authorized electronic monitoring" means the placement and use of an electronic monitoring device by a resident in his or her room in accordance with the Act. "Departmen…

Section 389.105 Incorporated and Referenced Materials a) The following standards are incorporated in this Part: 1) National Fire Protection Association (NFPA) 101 Life Safety Code (2012), which may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Qu…

Section 389.110 Authorized Electronic Monitoring a) A resident shall be permitted to conduct authorized electronic monitoring of the resident's room through the use of electronic monitoring devices placed in the room pursuant to the Act and this Part. (Section 10(a) of the Act) b…

Section 389.115 Consent of the Resident a) A resident, a resident's plenary guardian of the person, or the parent of a resident under the age of 18 must consent in writing on a notification and consent form prescribed by the Department to the authorized electronic monitoring in t…

Section 389.120 Consent of the Roommate a) Prior to the authorized electronic monitoring, a resident must obtain the written consent of any other resident residing in the room on the notification and consent form prescribed by the Department. Except as otherwise provided in this …

Section 389.125 Cost and Installation a) A resident choosing to conduct authorized electronic monitoring shall do so at his or her own expense, including paying purchase, installation, maintenance, and removal costs. (Section 25(a) of the Act) The facility may include language in…

Section 389.130 Signage a) If a resident of a facility conducts authorized electronic monitoring, a sign shall be clearly and conspicuously posted at all building entrances accessible to visitors. The notice must be entitled "Electronic Monitoring" and must state, in large, easy-…

Section 389.135 Obstruction of Electronic Monitoring Devices a) A person or entity is prohibited from knowingly hampering, obstructing, tampering with, or destroying an electronic monitoring device installed in a resident's room without the written permission of the resident or t…

Section 389.140 Dissemination of Recordings a) A facility may not access any video or audio recording created through authorized electronic monitoring without the written consent of the resident or the person who consented on behalf of the resident in accordance with Section 15 o…

Section 396.10 Definitions "Act" means the Life Care Facilities Act (Ill. Rev. Stat. 1989, ch. 111 1/2, par. 4160 et seq.). "Certificates of need" means those permits issued pursuant to the Illinois Health Facilities Planning Act, as now or hereafter amended (Section 2(n) of the …

Section 396.20 Who Must Obtain a Permit Any provider who proposes to establish or acquire a life care facility must receive a permit from the Department.

Section 396.30 Application for a Permit a) Applications shall be made on forms provided by the Department. Applications forms may be obtained by writing to: Illinois Department of Public Health Division of Health Statistics and Policy Development 535 West Jefferson Street, Second…

Section 396.40 Permits Applications will be reviewed and permits granted or denied in accordance with the criteria of this Part. a) Permits shall be issued for a specific number of living units and b) Permits shall be granted to specific grantees and are not transferable.

Section 396.50 Provider Responsibilities a) At the time of or prior to the execution of a life care contract and the transfer of any money or other property to a provider or escrow agent, the provider shall deliver to the resident a copy of a financial disclosure statement reflec…

Section 396.60 Enforcement Provisions a) At any time the Director receives notice from the escrow agent that the provisions of Section 7 of the Act have not been complied with, or at any other time when the Director has reason to believe that the provider is insolvent, is in immi…

Section 396.70 Penalty Any person acting in the capacity of a provider who enters into a life care contract, or extends the term of an existing life care contract, without first having been issued a permit by the Department or without otherwise acting in compliance with the provi…

Section 400.100 Definitions "Abuse" means any physical injury, sexual abuse or mental injury inflicted on a resident other than by accidental means. (Section 3(d) of the Act) "Act" means The Abused and Neglected Long Term Care Facility Residents Reporting Act (Ill. Rev. Stat. 198…

Section 400.110 General Requirements a) There shall be a central register of all cases of suspected long term care facility resident abuse or neglect reported and maintained by the Department under the Act. Through the recording of initial, preliminary, progress, and final report…