Chapter 210 — HEALTH FACILITIES AND REGULATION

(210 ILCS 47/3-803) Sec. 3-803. Treatment by prayer or spiritual means. 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 an…

(210 ILCS 47/3-804) Sec. 3-804. Report to General Assembly. 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 …

(210 ILCS 47/3-808) Sec. 3-808. Protocol for sexual assault victims; MR/DD facility. The Department shall develop a protocol for the care and treatment of residents who have been sexually assaulted in a MR/DD facility or elsewhere. (Source: P.A. 97-38, eff. 6-28-11.)

(210 ILCS 47/3-808.5) Sec. 3-808.5. Facility fraud, abuse, or neglect prevention and reporting. (a) A facility licensed to provide care to 17 or more residents that receives Medicaid funding shall prominently display in its lobby, in its dining areas, and on each floor of the fac…

(210 ILCS 47/3-809) Sec. 3-809. Rules to implement changes. In developing rules and regulations to implement changes made by this amendatory Act of the 97th General Assembly, the Department shall seek the input of advocates for facility residents, representatives of associations …

(210 ILCS 47/3-810) Sec. 3-810. Whistleblower protection. (a) In this Section, "retaliatory action" means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms and conditions of employment of any employee of a facility that is tak…

(210 ILCS 47/99-99) Sec. 99-99. Effective date. This Act takes effect July 1, 2010. (Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 49/1-101.3) Sec. 1-101.3. Legislative findings. Illinois is committed to providing behavioral health services in the most community-integrated settings possible, based on the needs of consumers who qualify for State support. This goal is consistent with federal law and …

(210 ILCS 49/1-101.5) Sec. 1-101.5. Prior law. (a) This Act provides for licensure of long term care facilities that are federally designated as institutions for the mentally diseased on the effective date of this Act and specialize in providing services to individuals with a ser…

(210 ILCS 49/1-101.6) Sec. 1-101.6. (Repealed). (Source: P.A. 99-78, eff. 7-20-15. Repealed internally, eff. 7-1-16.)

(210 ILCS 49/1-102) (Text of Section from P.A. 104-147) Sec. 1-102. Definitions. For the purposes of this Act, unless the context otherwise requires: "Abuse" means any physical or mental injury or sexual assault inflicted on a consumer other than by accidental means in a facility…

(210 ILCS 49/2-100) Sec. 2-100. Rulemaking. The Department is empowered to promulgate any rules necessary to ensure proper implementation and administration of this Act. (Source: P.A. 98-104, eff. 7-22-13.)

(210 ILCS 49/2-101) Sec. 2-101. Standards for facilities. (a) The Department shall, by rule, prescribe minimum standards for each level of care for facilities to be in place during the provisional licensure period and thereafter. These standards shall include, but are not limited…

(210 ILCS 49/2-101.5) Sec. 2-101.5. Closed captioning required. A facility licensed under this Act must make reasonable efforts to have activated at all times the closed captioning feature on a television in a common area provided for use by the general public or in a consumer's …

(210 ILCS 49/2-102) Sec. 2-102. Staffing ratios. The Department shall establish rules governing the minimum staffing levels and staffing qualifications for facilities. In crafting the staffing ratios, the Department shall take into account the ambulatory nature and mental health …

(210 ILCS 49/2-102.5) Sec. 2-102.5. Psychiatric visits. For the purposes of this Act, any required psychiatric visit to a consumer may be conducted by an APRN or by a physician. An APRN shall observe consumers and staff and their interactions at least weekly, and the psychiatric …

(210 ILCS 49/2-103) Sec. 2-103. Staff training. Training for all new employees specific to the various levels of care offered by a facility shall be provided to employees during their orientation period and annually thereafter. Training shall be independent of the Department and …

(210 ILCS 49/2-104) Sec. 2-104. Screening prior to admission. (a) A facility 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, u…

(210 ILCS 49/2-105) Sec. 2-105. Criminal History Report. (a) The Illinois State Police shall prepare a Criminal History Report when it receives information, through the criminal history background check required pursuant to subsection (d) of Section 6.09 of the Hospital Licensing…

(210 ILCS 49/3-101) Sec. 3-101. Consumers' rights. Consumers served by a facility under this Act shall have all the rights guaranteed pursuant to Chapter II, Article I of the Mental Health and Developmental Disabilities Code, a list of which shall be prominently posted in English…

(210 ILCS 49/3-102) Sec. 3-102. Financial affairs. A consumer shall be permitted to manage his or her own financial affairs unless he or she or his or her guardian authorizes the executive director of the facility in writing to manage the consumer's financial affairs. (Source: P.…

(210 ILCS 49/3-103) Sec. 3-103. Consumers' moneys and possessions. To the extent possible, each consumer shall be responsible for his or her own moneys and personal property or possessions in his or her own immediate living quarters unless deemed inappropriate by a physician or o…

(210 ILCS 49/3-104) Sec. 3-104. Care, treatment, and records. Facilities shall provide, at a minimum, the following services: physician, nursing, pharmaceutical, rehabilitative, and dietary services. To provide these services, the facility shall adhere to the following: (1) Each …

(210 ILCS 49/3-105) Sec. 3-105. Supplemental Security Income. The Department of Healthcare and Family Services shall explore potential avenues to enable consumers to continue to receive and possess a portion of, or their full, Supplemental Security Income benefit while receiving …

(210 ILCS 49/3-106) Sec. 3-106. Pharmaceutical treatment. (a) A consumer shall not be given unnecessary drugs. An unnecessary drug is any drug used in an excessive dose, including in duplicative therapy; for excessive duration; without adequate monitoring; without adequate indica…

(210 ILCS 49/3-107) Sec. 3-107. Abuse or neglect; duty to report. A licensee, executive director, employee, or agent of a facility shall not abuse or neglect a consumer. It is the duty of any facility employee or agent who becomes aware of such abuse or neglect to report it to th…

(210 ILCS 49/3-108) Sec. 3-108. Communications; visits. Every consumer, except those in triage centers, shall be permitted unimpeded, private, and uncensored communication of his or her choice by mail, telephone, Internet, or visitation. The executive director shall ensure that c…

(210 ILCS 49/3-109) Sec. 3-109. Religion. A consumer shall be permitted the free exercise of religion. Upon a consumer's request, and if necessary, at the consumer's expense, the executive director may make arrangements for a consumer's attendance at religious services of the con…

(210 ILCS 49/3-110) Sec. 3-110. Access to consumers. (a) Any employee or agent of a public agency, any representative of a community legal services program, or any other member of the general public shall be permitted access at reasonable hours to any individual consumer of any f…

(210 ILCS 49/3-111) Sec. 3-111. Discharge. A consumer may be discharged from a facility after he or she gives the executive director, a physician, or a nurse of the facility written notice of the desire to be discharged. If a guardian has been appointed for a consumer, the consum…

(210 ILCS 49/3-112) Sec. 3-112. Grievances. A consumer shall be permitted to present grievances on behalf of himself or herself or others to the executive director, the consumers' advisory council, State governmental agencies, or other persons without threat of discharge or repri…

(210 ILCS 49/3-113) Sec. 3-113. Labor. A consumer may refuse to perform labor for a facility. (Source: P.A. 98-104, eff. 7-22-13.)

(210 ILCS 49/3-114) Sec. 3-114. Unlawful discrimination. No consumer shall be subjected to unlawful discrimination as defined in Section 1-103 of the Illinois Human Rights Act by any owner, licensee, executive director, employee, or agent of a facility. Unlawful discrimination do…

(210 ILCS 49/3-115) Sec. 3-115. Informed consent; restraints. Informed consent shall be required for restraints consistent with the requirements contained in subsection (c) of Section 2-106 of the Nursing Home Care Act. (Source: P.A. 98-104, eff. 7-22-13.)

(210 ILCS 49/3-116) Sec. 3-116. Experimental research. No consumer shall be subjected to experimental research or treatment without first obtaining his or her informed, written consent. The conduct of any experimental research or treatment shall be authorized and monitored by an …

(210 ILCS 49/3-201) Sec. 3-201. Screening prior to admission. Standards for screening prior to admission into a facility under this Act shall be established by rule. The rules shall recognize the different levels of care provided by these facilities, including, but not limited to…

(210 ILCS 49/3-203) Sec. 3-203. Consumers' advisory council. Each facility shall establish a consumers' advisory council. The executive director shall designate a member of the facility staff to coordinate the establishment of, and render assistance to, the council. (1) The compo…

(210 ILCS 49/3-205) Sec. 3-205. Disclosure of information to public. Standards for the disclosure of information to the public shall be established by rule. These information disclosure standards shall include, but are not limited to, the following: staffing and personnel levels,…

(210 ILCS 49/3-206) Sec. 3-206. Confidentiality of records. (a) The Department shall respect the confidentiality of a consumer's record and shall not divulge or disclose the contents of a record in a manner that identifies a consumer, except upon a consumer's death to a relative …

(210 ILCS 49/3-207) Sec. 3-207. Notice of imminent death. A facility shall immediately notify the consumer's next of kin, representative, and physician of the consumer's death or when the consumer's death appears to be imminent. (Source: P.A. 98-104, eff. 7-22-13.)

(210 ILCS 49/3-208) Sec. 3-208. Policies and procedures. A facility shall establish written policies and procedures to implement the responsibilities and rights provided under this Article. The policies shall include the procedure for the investigation and resolution of consumer …

(210 ILCS 49/3-209) Sec. 3-209. Explanation of rights. Each consumer and consumer's guardian or other person acting on behalf of the consumer shall be given a written explanation of all of his or her rights. The explanation shall be given at the time of admission to a facility or…

(210 ILCS 49/3-210) Sec. 3-210. Staff familiarity with rights and responsibilities. The facility shall ensure that its staff is familiar with and observes the rights and responsibilities enumerated in this Article. (Source: P.A. 98-104, eff. 7-22-13.)

(210 ILCS 49/3-211) Sec. 3-211. Vaccinations. (a) A facility shall annually administer or arrange for administration of a vaccination against influenza to each consumer, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for …

(210 ILCS 49/3-212) Sec. 3-212. Order for transportation of consumer by ambulance. If a facility orders transportation of a consumer of the facility by ambulance, then the facility must maintain a written record that shows (i) the name of the person who placed the order for that …

(210 ILCS 49/4-101) Sec. 4-101. Licensure system. The Department shall be the sole agency responsible for licensure and shall establish a comprehensive system of licensure for facilities in accordance with this Act for the purpose of: (1) protecting the health, welfare, and safet…

(210 ILCS 49/4-102) Sec. 4-102. Necessity of license. No person may establish, operate, maintain, offer, or advertise a facility within this State unless and until he or she obtains a valid license therefor as hereinafter provided, which license remains unsuspended, unrevoked, an…

(210 ILCS 49/4-103) Sec. 4-103. Provisional licensure emergency rules. The Department, in consultation with the Division of Mental Health of the Department of Human Services and the Department of Healthcare and Family Services, is granted the authority under this Act to establish…

(210 ILCS 49/4-104) Sec. 4-104. Provisional licensure requirements. Rules governing the provisional license and licensing process shall address, at a minimum, the following provisions: (1) mandatory community agency linkage; (2) discharge and transition planning; (3) non-resident…

(210 ILCS 49/4-104.5) Sec. 4-104.5. Waiver of compliance. 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 applicati…