Chapter 210 — HEALTH FACILITIES AND REGULATION

(210 ILCS 45/3-202.05) Sec. 3-202.05. Staffing ratios effective July 1, 2010 and thereafter. (a) For the purpose of computing staff to resident ratios, direct care staff shall include: (1) registered nurses; (2) licensed practical nurses; (3) certified nurse assistants; (4) psych…

(210 ILCS 45/3-202.1) (from Ch. 111 1/2, par. 4153-202.1) Sec. 3-202.1. The Department shall develop and implement a system of alerting and educating facilities and their personnel as to the existence or possibility of weather or other hazardous circumstances which may endanger r…

(210 ILCS 45/3-202.2) Sec. 3-202.2. Rules; residents with mental illness. No later than January 1, 2001, the Department of Public Health shall file with the Joint Committee on Administrative Rules, pursuant to the Illinois Administrative Procedure Act, a proposed rule, or a propo…

(210 ILCS 45/3-202.2a) Sec. 3-202.2a. Comprehensive resident care plan. A facility, with the participation of the resident and the resident's guardian or representative, as applicable, must develop and implement a comprehensive care plan for each resident that includes measurable…

(210 ILCS 45/3-202.2b) Sec. 3-202.2b. Certification of psychiatric rehabilitation program. (a) No later than January 1, 2011, the Department shall file with the Joint Committee on Administrative Rules, pursuant to the Illinois Administrative Procedure Act, proposed rules or propo…

(210 ILCS 45/3-202.3) Sec. 3-202.3. (Repealed). (Source: P.A. 94-163, eff. 7-11-05. Repealed by P.A. 94-752, eff. 5-10-06.)

(210 ILCS 45/3-202.4) Sec. 3-202.4. (Repealed). (Source: P.A. 94-163, eff. 7-11-05. Repealed by P.A. 94-752, eff. 5-10-06.)

(210 ILCS 45/3-202.5) Sec. 3-202.5. Facility plan review; fees. (a) Before commencing construction of a new facility or specified types of alteration or additions to an existing long term care facility involving major construction, as defined by rule by the Department, with an es…

(210 ILCS 45/3-202.6) Sec. 3-202.6. Department of Veterans Affairs facility plan review. (a) Before commencing construction of a new facility or specified types of alteration or additions to an existing long-term care facility involving major construction, as defined by rule by t…

(210 ILCS 45/3-203) (from Ch. 111 1/2, par. 4153-203) Sec. 3-203. In licensing any facility for persons suffering from emotional or behavioral disorders, the Department shall consult with the Department of Human Services in developing minimum standards for such persons. (Source: …

(210 ILCS 45/3-204) (from Ch. 111 1/2, par. 4153-204) Sec. 3-204. In addition to the authority to prescribe minimum standards, the Department may adopt license classifications of facilities according to the levels of service, and if license classification is adopted the applicabl…

(210 ILCS 45/3-205) (from Ch. 111 1/2, par. 4153-205) Sec. 3-205. Where licensing responsibilities are performed by a city, village or incorporated town, the municipality shall use the same classifications as the Department; and a facility may not be licensed for a different clas…

(210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206) Sec. 3-206. The Department shall prescribe a curriculum for training nursing assistants, habilitation aides, and child care aides. (a) No person, except a volunteer who receives no compensation from a facility and is not inclu…

(210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01) Sec. 3-206.01. Health Care Worker Registry. (a) A facility shall not employ an individual as a nursing assistant, habilitation aide, home health aide, psychiatric services rehabilitation aide, or child care aide, or newl…

(210 ILCS 45/3-206.02) Sec. 3-206.02. (Repealed). (Source: P.A. 96-1372, eff. 7-29-10. Repealed by P.A. 100-432, eff. 8-25-17.)

(210 ILCS 45/3-206.03) Sec. 3-206.03. Resident attendants. (a) As used in this Section, "resident attendant" means an individual who assists residents in a facility with the following activities: (1) eating and drinking; and (2) personal hygiene limited to washing a resident's ha…

(210 ILCS 45/3-206.04) Sec. 3-206.04. Certified Nurse Assistant Career Ladders Program. The Department shall convene a task force to determine the feasibility and curriculum for a Certified Nurse Assistant Career Ladders Program. Any such program shall articulate with licensed pr…

(210 ILCS 45/3-206.05) Sec. 3-206.05. Safe resident handling policy. (a) In this Section: "Health care worker" means an individual providing direct resident care services who may be required to lift, transfer, reposition, or move a resident. "Nurse" means an advanced practice reg…

(210 ILCS 45/3-206.06) Sec. 3-206.06. Testing for Legionella bacteria. A facility shall develop a policy for testing its water supply for Legionella bacteria. The policy shall include the frequency with which testing is conducted. The policy and the results of any tests shall be …

(210 ILCS 45/3-206.1) (from Ch. 111 1/2, par. 4153-206.1) Sec. 3-206.1. 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 Department shall discuss with the new own…

(210 ILCS 45/3-207) (from Ch. 111 1/2, par. 4153-207) Sec. 3-207. (a) As a condition of the issuance or renewal of the license of any facility, the applicant shall file a statement of ownership. The applicant shall update the information required in the statement of ownership wit…

(210 ILCS 45/3-208) (from Ch. 111 1/2, par. 4153-208) Sec. 3-208. (a) Each licensee shall file annually, or more often as the Director shall by rule prescribe, an attested financial statement. The Director may order an audited financial statement of a particular facility by an au…

(210 ILCS 45/3-209) (from Ch. 111 1/2, par. 4153-209) Sec. 3-209. Required posting of information. (a) Every facility shall conspicuously post for display in an area of its offices accessible to residents, employees, and visitors the following: (1) Its current license; (2) A desc…

(210 ILCS 45/3-210) (from Ch. 111 1/2, par. 4153-210) Sec. 3-210. A facility shall retain the following for public inspection: (1) a complete copy of every inspection report of the facility received from the Department during the past 5 years; (2) a copy of every order pertaining…

(210 ILCS 45/3-211) (from Ch. 111 1/2, par. 4153-211) Sec. 3-211. No State or federal funds which are appropriated by the General Assembly or which pass through the General Revenue Fund or any special fund in the State Treasury, shall be paid to a facility not having a license is…

(210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212) Sec. 3-212. Inspection. (a) The Department, whenever it deems necessary in accordance with subsection (b), shall inspect, survey and evaluate every facility to determine compliance with applicable licensure requirements and st…

(210 ILCS 45/3-213) (from Ch. 111 1/2, par. 4153-213) Sec. 3-213. The Department shall require periodic reports and shall have access to and may reproduce or photocopy at its cost any books, records, and other documents maintained by the facility to the extent necessary to carry …

(210 ILCS 45/3-214) (from Ch. 111 1/2, par. 4153-214) Sec. 3-214. Any holder of a license or applicant for a license shall be deemed to have given consent to any authorized officer, employee or agent of the Department to enter and inspect the facility in accordance with this Arti…

(210 ILCS 45/3-215) (from Ch. 111 1/2, par. 4153-215) Sec. 3-215. The Department shall make at least one report on each facility in the State annually, unless the facility has been issued a 2-year license under subsection (b) of Section 3-110 for which the report shall be made ev…

(210 ILCS 45/3-220) Sec. 3-220. Certified medication aide program. (a) Definitions. As used in this Section: "Department" means the Department of Public Health. "Certified medication aide" means a person who has met the qualifications for certification under this Section who assi…

(210 ILCS 45/3-301) (from Ch. 111 1/2, par. 4153-301) Sec. 3-301. Determination of violation; notice; review team. (a) If after receiving the report specified in subsection (c) of Section 3-212 the Director or his designee determines that a facility is in violation of this Act or…

(210 ILCS 45/3-302) (from Ch. 111 1/2, par. 4153-302) Sec. 3-302. Each day the violation exists after the date upon which a notice of violation is served under Section 3-301 shall constitute a separate violation for purposes of assessing penalties or fines under Section 3-305. Th…

(210 ILCS 45/3-303) (from Ch. 111 1/2, par. 4153-303) Sec. 3-303. (a) The situation, condition or practice constituting a Type "AA" violation or a Type "A" violation shall be abated or eliminated immediately unless a fixed period of time, not exceeding 15 days, as determined by t…

(210 ILCS 45/3-303.1) (from Ch. 111 1/2, par. 4153-303.1) Sec. 3-303.1. Waiver of requirements. (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 curre…

(210 ILCS 45/3-303.2) (from Ch. 111 1/2, par. 4153-303.2) Sec. 3-303.2. (a) If the Department finds a situation, condition or practice which violates this Act or any rule promulgated thereunder which does not constitute a Type "AA", Type "A", Type "B", or Type "C" violation, the …

(210 ILCS 45/3-304) (from Ch. 111 1/2, par. 4153-304) Sec. 3-304. (a) The Department shall prepare on a quarterly basis a list containing the names and addresses of all facilities against which the Department during the previous quarter has: (1) sent a notice under Section 3-307 …

(210 ILCS 45/3-304.1) Sec. 3-304.1. Public computer access to information. (a) The Department must make information regarding nursing homes in the State available to the public in electronic form on the World Wide Web, including all of the following information: (1) who regulates…

(210 ILCS 45/3-304.2) Sec. 3-304.2. Designation of distressed facilities. (a) (Blank). (b) (Blank). (b-5) The Department shall, by rule, adopt criteria to identify distressed facilities and shall publish a list of distressed facilities quarterly. The Department shall, by rule, cr…

(210 ILCS 45/3-305) (from Ch. 111 1/2, par. 4153-305) Sec. 3-305. The license of a facility which is in violation of this Act or any rule adopted thereunder may be subject to the penalties or fines levied by the Department as specified in this Section. (1) A licensee who commits …

(210 ILCS 45/3-305.5) Sec. 3-305.5. Violation of the Nurse Practice Act. A facility that fails to submit any required report under Section 80-10 of the Nurse Practice Act is subject to discipline under this Article. (Source: P.A. 98-990, eff. 8-18-14.)

(210 ILCS 45/3-305.6) Sec. 3-305.6. Failure to readmit a resident. A facility that fails to comply with an order of the Department to readmit a resident, pursuant to Section 3-703, who wishes to return to the facility and is appropriate for that level of care and services provide…

(210 ILCS 45/3-305.7) Sec. 3-305.7. Ordered readmission of a resident. (a) A facility that complies with an order of the Department to readmit a resident that has been deemed to have been unlawfully discharged shall notify the Department within 10 business days after the resident…

(210 ILCS 45/3-305.8) Sec. 3-305.8. Database of nursing home quarterly reports and citations. (a) The Department shall publish the quarterly reports of facilities in violation of this Act in an easily searchable, comprehensive, and downloadable electronic database on the Departme…

(210 ILCS 45/3-306) (from Ch. 111 1/2, par. 4153-306) Sec. 3-306. In determining whether a penalty is to be imposed and in determining the amount of the penalty to be imposed, if any, for a violation, the Director shall consider the following factors: (1) the gravity of the viola…

(210 ILCS 45/3-307) (from Ch. 111 1/2, par. 4153-307) Sec. 3-307. The Director may directly assess penalties provided for under Section 3-305 of this Act. If the Director determines that a penalty should be assessed for a particular violation or for failure to correct it, he shal…

(210 ILCS 45/3-308) (from Ch. 111 1/2, par. 4153-308) Sec. 3-308. In the case of a Type "A" violation, a penalty may be assessed from the date on which the violation is discovered. In the case of a Type "B" or Type "C" violation or an administrative warning issued pursuant to Sec…

(210 ILCS 45/3-308.5) Sec. 3-308.5. Facilities operated by Department of Veterans Affairs; penalty offset. (a) In the case of a veterans home, institution, or other place operated by or under the authority of the Illinois Department of Veterans Affairs, the amount of any penalty …

(210 ILCS 45/3-309) (from Ch. 111 1/2, par. 4153-309) Sec. 3-309. A facility may contest an assessment of a penalty by sending a written request to the Department for hearing under Section 3-703. Upon receipt of the request the Department shall hold a hearing as provided under Se…

(210 ILCS 45/3-310) (from Ch. 111 1/2, par. 4153-310) Sec. 3-310. All penalties shall be paid to the Department within 10 days of receipt of notice of assessment or, if the penalty is contested under Section 3-309, within 10 days of receipt of the final decision, unless the decis…

(210 ILCS 45/3-311) (from Ch. 111 1/2, par. 4153-311) Sec. 3-311. In addition to the right to assess penalties under this Act, the Director may issue a conditional license under Section 3-305 to any facility if the Director finds that either a Type "A" or Type "B" violation exist…