Chapter 210 — HEALTH FACILITIES AND REGULATION

(210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113) (Text of Section from P.A. 104-147) Sec. 1-113. "Facility" or "long-term care facility" means a private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the i…

(210 ILCS 45/1-114) (from Ch. 111 1/2, par. 4151-114) Sec. 1-114. "Guardian" means a person appointed as a guardian of the person or guardian of the estate, or both, of a resident under the "Probate Act of 1975", as now or hereafter amended. (Source: P.A. 81-223.)

(210 ILCS 45/1-114.005) Sec. 1-114.005. High risk designation. "High risk designation" means a violation of a provision of the Illinois Administrative Code or statute that has been identified by the Department through rulemaking or designated in statute to be inherently necessary…

(210 ILCS 45/1-114.01) Sec. 1-114.01. Identified offender. "Identified offender" means a person who meets any of the following criteria: (1) Has been convicted of, found guilty of, adjudicated delinquent for, found not guilty by reason of insanity for, or found unfit to stand tri…

(210 ILCS 45/1-114.1) (from Ch. 111 1/2, par. 4151-114.1) Sec. 1-114.1. "Immediate family" means the spouse, an adult child, a parent, an adult brother or sister, or an adult grandchild of a person. (Source: P.A. 81-1349.)

(210 ILCS 45/1-115) (from Ch. 111 1/2, par. 4151-115) Sec. 1-115. "Licensee" means the individual or entity licensed by the Department to operate the facility. (Source: P.A. 83-1530.)

(210 ILCS 45/1-116) (from Ch. 111 1/2, par. 4151-116) Sec. 1-116. "Maintenance" means food, shelter and laundry services. (Source: P.A. 81-223.)

(210 ILCS 45/1-116.5) Sec. 1-116.5. "Misappropriation of a resident's property" means the deliberate misplacement, exploitation, or wrongful temporary or permanent use of a resident's belongings or money without the resident's consent. (Source: P.A. 94-26, eff. 1-1-06.)

(210 ILCS 45/1-117) (from Ch. 111 1/2, par. 4151-117) Sec. 1-117. Neglect. "Neglect" means a facility's failure to provide, or willful withholding of, adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily…

(210 ILCS 45/1-118) (from Ch. 111 1/2, par. 4151-118) Sec. 1-118. "Nurse" means a registered nurse or a licensed practical nurse as defined in the Nurse Practice Act. (Source: P.A. 95-639, eff. 10-5-07.)

(210 ILCS 45/1-119) (from Ch. 111 1/2, par. 4151-119) Sec. 1-119. "Owner" means the individual, partnership, corporation, association or other person who owns a facility. In the event a facility is operated by a person who leases the physical plant, which is owned by another pers…

(210 ILCS 45/1-120) (from Ch. 111 1/2, par. 4151-120) Sec. 1-120. "Personal care" means assistance with meals, dressing, movement, bathing or other personal needs or maintenance, or general supervision and oversight of the physical and mental well-being of an individual, who is i…

(210 ILCS 45/1-120.3) Sec. 1-120.3. Provisional admission period. "Provisional admission period" means the time between the admission of an identified offender as defined in Section 1-114.01 and 3 days following the admitting facility's receipt of an Identified Offender Report an…

(210 ILCS 45/1-120.7) Sec. 1-120.7. Psychiatric services rehabilitation aide. "Psychiatric services rehabilitation aide" means an individual employed by a long-term care facility to provide, for mentally ill residents, at a minimum, crisis intervention, rehabilitation, and assist…

(210 ILCS 45/1-121) (from Ch. 111 1/2, par. 4151-121) Sec. 1-121. "Reasonable hour" means any time between the hours of 10 a.m. and 8 p.m. daily. (Source: P.A. 81-223.)

(210 ILCS 45/1-122) (from Ch. 111 1/2, par. 4151-122) Sec. 1-122. Resident. "Resident" means a person receiving personal or medical care, including but not limited to mental health treatment, psychiatric rehabilitation, physical rehabilitation, and assistance with activities of d…

(210 ILCS 45/1-123) (from Ch. 111 1/2, par. 4151-123) Sec. 1-123. "Resident's representative" means a person other than the owner not related to the resident, or an agent or employee of a facility not related to the resident, designated in writing by a resident to be his represen…

(210 ILCS 45/1-124) (from Ch. 111 1/2, par. 4151-124) Sec. 1-124. "Sheltered care" means maintenance and personal care. (Source: P.A. 81-223.)

(210 ILCS 45/1-125) (from Ch. 111 1/2, par. 4151-125) Sec. 1-125. "Stockholder" of a corporation means any person who, directly or indirectly, beneficially owns, holds or has the power to vote, at least 5% of any class of securities issued by the corporation. (Source: P.A. 81-223…

(210 ILCS 45/1-125.1) (from Ch. 111 1/2, par. 4151-125.1) Sec. 1-125.1. "Student intern" means any person whose total term of employment in any facility during any 12-month period is equal to or less than 90 continuous days, and whose term of employment: (1) is an academic credit…

(210 ILCS 45/1-126) (from Ch. 111 1/2, par. 4151-126) Sec. 1-126. "Title XVIII" means Title XVIII of the Federal Social Security Act as now or hereafter amended. (Source: P.A. 81-223.)

(210 ILCS 45/1-127) (from Ch. 111 1/2, par. 4151-127) Sec. 1-127. "Title XIX" means Title XIX of the Federal Social Security Act as now or hereafter amended. (Source: P.A. 81-223.)

(210 ILCS 45/1-128) (from Ch. 111 1/2, par. 4151-128) Sec. 1-128. "Transfer" means a change in status of a resident's living arrangements from one facility to another facility. (Source: P.A. 81-223.)

(210 ILCS 45/1-128.5) Sec. 1-128.5. Type "AA" violation. A "Type 'AA' violation" means a violation of this Act or of the rules promulgated thereunder which creates a condition or occurrence relating to the operation and maintenance of a facility that proximately caused a resident…

(210 ILCS 45/1-129) (from Ch. 111 1/2, par. 4151-129) Sec. 1-129. Type "A" violation. A "Type 'A' violation" means a violation of this Act or of the rules promulgated thereunder which creates a condition or occurrence relating to the operation and maintenance of a facility that (…

(210 ILCS 45/1-130) (from Ch. 111 1/2, par. 4151-130) Sec. 1-130. Type "B" violation. A "Type 'B' violation" means a violation of this Act or of the rules promulgated thereunder which creates a condition or occurrence relating to the operation and maintenance of a facility that i…

(210 ILCS 45/1-132) Sec. 1-132. Type "C" violation. A "Type 'C' violation" means a violation of this Act or of the rules promulgated thereunder which creates a condition or occurrence relating to the operation and maintenance of a facility that creates a substantial probability t…

(210 ILCS 45/2-101) (from Ch. 111 1/2, par. 4152-101) Sec. 2-101. No resident shall be deprived of any rights, benefits, or privileges guaranteed by State or federal law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of his …

(210 ILCS 45/2-101.1) (from Ch. 111 1/2, par. 4152-101.1) Sec. 2-101.1. Spousal impoverishment. All new residents and their spouses shall be informed on admittance of their spousal impoverishment rights as defined at Section 5-4 of the Illinois Public Aid Code, as now or hereafte…

(210 ILCS 45/2-102) (from Ch. 111 1/2, par. 4152-102) Sec. 2-102. A resident shall be permitted to manage his own financial affairs unless he or his guardian or if the resident is a minor, his parent, authorizes the administrator of the facility in writing to manage such resident…

(210 ILCS 45/2-103) (from Ch. 111 1/2, par. 4152-103) Sec. 2-103. A resident shall be permitted to retain and use or wear his personal property in his immediate living quarters, unless deemed medically inappropriate by a physician and so documented in the resident's clinical reco…

(210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104) Sec. 2-104. (a) A resident shall be permitted to retain the services of his own personal physician at his own expense or under an individual or group plan of health insurance, or under any public or private assistance program …

(210 ILCS 45/2-104.1) (from Ch. 111 1/2, par. 4152-104.1) Sec. 2-104.1. 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 new owner, if the Department so determine…

(210 ILCS 45/2-104.2) (from Ch. 111 1/2, par. 4152-104.2) Sec. 2-104.2. Do-Not-Resuscitate Orders and Department of Public Health Uniform POLST form. (a) Every facility licensed under this Act shall establish a policy for the implementation of practitioner orders concerning cardi…

(210 ILCS 45/2-104.3) Sec. 2-104.3. Serious mental illness; rescreening. (a) All persons admitted to a nursing home facility with a diagnosis of serious mental illness who remain in the facility for a period of 90 days shall be re-screened by the Department of Human Services or i…

(210 ILCS 45/2-105) (from Ch. 111 1/2, par. 4152-105) Sec. 2-105. A resident shall be permitted respect and privacy in his medical and personal care program. Every resident's case discussion, consultation, examination and treatment shall be confidential and shall be conducted dis…

(210 ILCS 45/2-106) (from Ch. 111 1/2, par. 4152-106) Sec. 2-106. Restraints. (a) For purposes of this Act, a physical restraint is any manual method or physical or mechanical device, material, or equipment attached or adjacent to a resident's body that the resident cannot remove…

(210 ILCS 45/2-106.1) Sec. 2-106.1. Drug treatment. (a) A resident 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 indications …

(210 ILCS 45/2-106a) Sec. 2-106a. Resident identification wristlet. An identification wristlet may be employed for any resident upon a physician's order, which shall document the need for the identification wristlet in the resident's clinical record. A facility may require a resi…

(210 ILCS 45/2-107) (from Ch. 111 1/2, par. 4152-107) Sec. 2-107. 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 …

(210 ILCS 45/2-108) (from Ch. 111 1/2, par. 4152-108) Sec. 2-108. Every resident shall be permitted unimpeded, private and uncensored communication of his choice by mail, public telephone or visitation. (a) The administrator shall ensure that correspondence is conveniently receiv…

(210 ILCS 45/2-108.5) Sec. 2-108.5. Resident phone call or video call during a disaster declared by the Governor. Upon request, a facility shall make every reasonable effort to facilitate at least one phone call or video call between a resident and a single family member of the r…

(210 ILCS 45/2-109) (from Ch. 111 1/2, par. 4152-109) Sec. 2-109. A resident shall be permitted the free exercise of religion. Upon a resident's request, and if necessary at his expense, the administrator shall make arrangements for a resident's attendance at religious services o…

(210 ILCS 45/2-110) (from Ch. 111 1/2, par. 4152-110) Sec. 2-110. (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 resid…

(210 ILCS 45/2-111) (from Ch. 111 1/2, par. 4152-111) Sec. 2-111. A resident shall not be transferred or discharged in violation of this Act. A resident may be discharged from a facility after he gives the administrator, a physician, or a nurse of the facility written notice of h…

(210 ILCS 45/2-112) (from Ch. 111 1/2, par. 4152-112) Sec. 2-112. A resident shall be permitted to present grievances on behalf of himself or others to the administrator, the Long-Term Care Facility Advisory Board, the residents' advisory council, State governmental agencies, or …

(210 ILCS 45/2-113) (from Ch. 111 1/2, par. 4152-113) Sec. 2-113. A resident may refuse to perform labor for a facility. Residents shall not perform labor or services for the facility unless consistent with F566 of the State Operations Manual for Long-Term Care Facilities. The ac…

(210 ILCS 45/2-114) Sec. 2-114. Unlawful discrimination. No resident shall be subjected to unlawful discrimination as defined in Section 1-103 of the Illinois Human Rights Act by any owner, licensee, administrator, employee, or agent of a facility. Unlawful discrimination does no…

(210 ILCS 45/2-115) Sec. 2-115. Authorized electronic monitoring of a resident's room. 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 Authorized E…

(210 ILCS 45/2-120) Sec. 2-120. Prohibition on retaliatory action against residents. (a) In this Section, "retaliatory action" means an action that is taken in retaliation for a resident's involvement in one or more of the protected activities described in paragraphs (1) through …