Chapter 210 — HEALTH FACILITIES AND REGULATION

(210 ILCS 45/2-201) (from Ch. 111 1/2, par. 4152-201) Sec. 2-201. To protect the residents' funds, the facility: (1) Shall at the time of admission provide, in order of priority, each resident, or the resident's guardian, if any, or the resident's representative, if any, or the r…

(210 ILCS 45/2-201.5) Sec. 2-201.5. Screening prior to admission. (a) All persons age 18 or older seeking admission to a nursing facility must be screened to determine the need for nursing facility services prior to being admitted, regardless of income, assets, or funding source.…

(210 ILCS 45/2-201.6) Sec. 2-201.6. 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 Licen…

(210 ILCS 45/2-201.7) Sec. 2-201.7. Expanded criminal history background check pilot program. (a) The purpose of this Section is to establish a pilot program based in Cook and Will counties in which an expanded criminal history background check screening process will be utilized …

(210 ILCS 45/2-202) (from Ch. 111 1/2, par. 4152-202) Sec. 2-202. (a) Before a person is admitted to a facility, or at the expiration of the period of previous contract, or when the source of payment for the resident's care changes from private to public funds or from public to p…

(210 ILCS 45/2-203) (from Ch. 111 1/2, par. 4152-203) Sec. 2-203. Each facility shall establish a residents' advisory council. The administrator shall designate a member of the facility staff to coordinate the establishment of, and render assistance to, the council. (a) The compo…

(210 ILCS 45/2-204) (from Ch. 111 1/2, par. 4152-204) Sec. 2-204. The Director shall appoint a Long-Term Care Facility Advisory Board to consult with the Department and the residents' advisory councils created under Section 2-203. (a) The Board shall be comprised of the following…

(210 ILCS 45/2-205) (from Ch. 111 1/2, par. 4152-205) Sec. 2-205. The following information is subject to disclosure to the public from the Department or the Department of Healthcare and Family Services: (1) Information submitted under Sections 3-103 and 3-207 except information …

(210 ILCS 45/2-206) (from Ch. 111 1/2, par. 4152-206) Sec. 2-206. (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 re…

(210 ILCS 45/2-207) (from Ch. 111 1/2, par. 4152-207) Sec. 2-207. (a) Each year the Department shall publish a Directory for each public health region listing facilities to be made available to the public and be available at all Department offices. The Department may charge a fee…

(210 ILCS 45/2-208) (from Ch. 111 1/2, par. 4152-208) Sec. 2-208. A facility shall immediately notify the resident's next of kin, representative and physician of the resident's death or when the resident's death appears to be imminent. (Source: P.A. 81-223.)

(210 ILCS 45/2-209) (from Ch. 111 1/2, par. 4152-209) Sec. 2-209. A facility shall admit only that number of residents for which it is licensed. (Source: P.A. 81-223.)

(210 ILCS 45/2-210) (from Ch. 111 1/2, par. 4152-210) Sec. 2-210. A facility shall establish written policies and procedures to implement the responsibilities and rights provided in this Article. The policies shall include the procedure for the investigation and resolution of res…

(210 ILCS 45/2-211) (from Ch. 111 1/2, par. 4152-211) Sec. 2-211. Each resident and resident's guardian or other person acting for the resident shall be given a written explanation, prepared by the Office of the State Long Term Care Ombudsman, of all the rights enumerated in Part…

(210 ILCS 45/2-212) (from Ch. 111 1/2, par. 4152-212) Sec. 2-212. The facility shall ensure that its staff is familiar with and observes the rights and responsibilities enumerated in this Article. (Source: P.A. 81-223.)

(210 ILCS 45/2-213) Sec. 2-213. Vaccinations. (a) A facility shall annually administer or arrange for administration of a vaccination against influenza to each resident, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for …

(210 ILCS 45/2-213.5) Sec. 2-213.5. Automated external defibrillators. (a) The administrator of a facility shall ensure the facility has an automated external defibrillator and policies and procedures for the rendering of automated external defibrillation in the facility. (b) All…

(210 ILCS 45/2-214) Sec. 2-214. Consumer Choice Information Reports. (a) Every facility shall complete a Consumer Choice Information Report and shall file it with the Office of State Long Term Care Ombudsman electronically as prescribed by the Office. The Report shall be filed an…

(210 ILCS 45/2-215) Sec. 2-215. Conflicts with the Department of Veterans Affairs Act. If there is a conflict between the provisions of this Act and the provisions of the Department of Veterans Affairs Act concerning an Illinois Veterans Home not operated by the Department of Vet…

(210 ILCS 45/2-216) Sec. 2-216. Notification of identified offenders. Every licensed facility shall provide to every prospective and current resident and resident's guardian, and to every facility employee, a written notice, prescribed by the Illinois Department of Public Health,…

(210 ILCS 45/2-217) Sec. 2-217. Order for transportation of resident by an ambulance service provider. If a facility orders medi-car, service car, or ground ambulance transportation of a resident of the facility by an ambulance service provider, the facility must maintain a writt…

(210 ILCS 45/3-101) (from Ch. 111 1/2, par. 4153-101) Sec. 3-101. The Department shall establish a comprehensive system of licensure for facilities in accordance with this Act for the purposes of: (1) Protecting the health, welfare, and safety of residents; and (2) Assuring the a…

(210 ILCS 45/3-101.5) Sec. 3-101.5. Illinois Veterans Homes. An Illinois Veterans Home licensed under this Act and operated by the Illinois Department of Veterans Affairs is exempt from the license fee provisions of Section 3-103 of this Act and the provisions of Sections 3-104 t…

(210 ILCS 45/3-102) (from Ch. 111 1/2, par. 4153-102) Sec. 3-102. No person may establish, operate, maintain, offer or advertise a facility within this State unless and until he obtains a valid license therefor as hereinafter provided, which license remains unsuspended, unrevoked…

(210 ILCS 45/3-102.1) (from Ch. 111 1/2, par. 4153-102.1) Sec. 3-102.1. If the Department is denied access to a private home, institution, building, residence or any other place which it reasonably believes is required to be licensed as a facility under this Act, it shall request…

(210 ILCS 45/3-102.2) Sec. 3-102.2. Supported congregate living arrangement demonstration. The Illinois Department may grant no more than 3 waivers from the requirements of this Act for facilities participating in the supported congregate living arrangement demonstration. A joint…

(210 ILCS 45/3-102.3) Sec. 3-102.3. Religious and recreational activities; social isolation. (a) In this Section: "Assistive and supportive technology and devices" means computers, video conferencing equipment, distance based communication technology, or other technological equip…

(210 ILCS 45/3-103) (from Ch. 111 1/2, par. 4153-103) Sec. 3-103. The procedure for obtaining a valid license shall be as follows: (1) Application to operate a facility shall be made to the Department on forms furnished by the Department. (2) All license applications shall be acc…

(210 ILCS 45/3-104) (from Ch. 111 1/2, par. 4153-104) Sec. 3-104. Any city, village or incorporated town may by ordinance provide for the licensing and regulation of a facility or any classification of such facility, as defined herein, within such municipality, provided that the …

(210 ILCS 45/3-105) (from Ch. 111 1/2, par. 4153-105) Sec. 3-105. Any city, village or incorporated town which has or may have ordinances requiring the licensing and regulation of facilities with at least the minimum standards established by the Department under this Act, shall m…

(210 ILCS 45/3-106) (from Ch. 111 1/2, par. 4153-106) Sec. 3-106. (a) Upon receipt of notice and proof from an applicant or licensee that he has received a license or renewal thereof from a city, village or incorporated town, accompanied by the required license or renewal fees, t…

(210 ILCS 45/3-107) (from Ch. 111 1/2, par. 4153-107) Sec. 3-107. The Department and the city, village or incorporated town shall have the right at any time to visit and inspect the premises and personnel of any facility for the purpose of determining whether the applicant or lic…

(210 ILCS 45/3-107.1) (from Ch. 111 1/2, par. 4153-107.1) Sec. 3-107.1. Notwithstanding any other provision of this Act, the Attorney General, the State's Attorneys and various law enforcement agencies of this State and its political subdivisions shall have full and open access t…

(210 ILCS 45/3-108) (from Ch. 111 1/2, par. 4153-108) Sec. 3-108. The Department shall coordinate the functions within State government affecting facilities licensed under this Act and shall cooperate with other State agencies which establish standards or requirements for facilit…

(210 ILCS 45/3-108a) Sec. 3-108a. (Repealed). (Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 91-798, eff. 7-9-00.)

(210 ILCS 45/3-109) (from Ch. 111 1/2, par. 4153-109) Sec. 3-109. Upon receipt and review of an application for a license made under this Article and inspection of the applicant facility under this Article, the Director shall issue a license if he finds: (1) that the individual a…

(210 ILCS 45/3-110) (from Ch. 111 1/2, par. 4153-110) Sec. 3-110. (a) Any license granted by the Director shall state the maximum bed capacity for which it is granted, the date the license was issued, and the expiration date. Except as provided in subsection (b), such licenses sh…

(210 ILCS 45/3-111) (from Ch. 111 1/2, par. 4153-111) Sec. 3-111. The issuance or renewal of a license after notice of a violation has been sent shall not constitute a waiver by the Department of its power to rely on the violation as the basis for subsequent license revocation or…

(210 ILCS 45/3-112) (from Ch. 111 1/2, par. 4153-112) Sec. 3-112. (a) Whenever ownership of a facility is transferred from the person named in the license to any other person, the transferee must obtain a new probationary license. The transferee shall notify the Department of the…

(210 ILCS 45/3-113) (from Ch. 111 1/2, par. 4153-113) Sec. 3-113. (a) The license granted to the transferee shall be subject to the plan of correction submitted by the previous owner and approved by the Department and any conditions contained in a conditional license issued to th…

(210 ILCS 45/3-114) (from Ch. 111 1/2, par. 4153-114) Sec. 3-114. The transferor shall remain liable for all penalties assessed against the facility which are imposed for violations occurring prior to transfer of ownership. If the Department finds that an entity failed to follow …

(210 ILCS 45/3-115) (from Ch. 111 1/2, par. 4153-115) Sec. 3-115. License renewal application. At least 120 days but not more than 150 days prior to license expiration, the licensee shall submit an application for renewal of the license in such form and containing such informatio…

(210 ILCS 45/3-116) (from Ch. 111 1/2, par. 4153-116) Sec. 3-116. If the applicant has not been previously licensed or if the facility is not in operation at the time application is made, the Department shall issue only a probationary license. A probationary license shall be vali…

(210 ILCS 45/3-117) (from Ch. 111 1/2, par. 4153-117) Sec. 3-117. An application for a license may be denied for any of the following reasons: (1) Failure to meet any of the minimum standards set forth by this Act or by rules and regulations promulgated by the Department under th…

(210 ILCS 45/3-118) (from Ch. 111 1/2, par. 4153-118) Sec. 3-118. Immediately upon the denial of any application or reapplication for a license under this Article, the Department shall notify the applicant in writing. Notice of denial shall include a clear and concise statement o…

(210 ILCS 45/3-119) (from Ch. 111 1/2, par. 4153-119) Sec. 3-119. (a) The Department, after notice to the applicant or licensee, may suspend, revoke or refuse to renew a license in any case in which the Department finds any of the following: (1) There has been a substantial failu…

(210 ILCS 45/3-120) Sec. 3-120. Certification of behavioral management units. (a) No later than January 1, 2022, the Department shall file with the Secretary of State's Office, pursuant to the Illinois Administrative Procedure Act, proposed rules or proposed amendments to existin…

(210 ILCS 45/3-125) Sec. 3-125. Retaliation-prevention training. The administrators of a facility licensed under this Act shall ensure that all staff of the facility receive annual in-service training designed to prevent retaliatory actions from being taken against residents of t…

(210 ILCS 45/3-201) (from Ch. 111 1/2, par. 4153-201) Sec. 3-201. The Department shall not prescribe the course of medical treatment provided to an individual resident by the resident's physician in a facility. (Source: P.A. 81-223.)

(210 ILCS 45/3-202) (from Ch. 111 1/2, par. 4153-202) Sec. 3-202. The Department shall prescribe minimum standards for facilities. These standards shall regulate: (1) Location and construction of the facility, including plumbing, heating, lighting, ventilation, and other physical…