Chapter 210 — HEALTH FACILITIES AND REGULATION

(210 ILCS 46/220) Sec. 220. (Amendatory provisions; text omitted). (Source: P.A. 99-180, eff. 7-29-15; text omitted.)

(210 ILCS 46/225) Sec. 225. (Amendatory provisions; text omitted). (Source: P.A. 99-180, eff. 7-29-15; text omitted.)

(210 ILCS 46/230) Sec. 230. (Amendatory provisions; text omitted). (Source: P.A. 99-180, eff. 7-29-15; text omitted.)

(210 ILCS 46/235) Sec. 235. (Amendatory provisions; text omitted). (Source: P.A. 99-180, eff. 7-29-15; text omitted.)

(210 ILCS 46/240) Sec. 240. (Amendatory provisions; text omitted). (Source: P.A. 99-180, eff. 7-29-15; text omitted.)

(210 ILCS 46/25) Sec. 25. (Amendatory provisions; text omitted). (Source: P.A. 99-180, eff. 7-29-15; text omitted.)

(210 ILCS 46/27) Sec. 27. (Amendatory provisions; text omitted). (Source: P.A. 99-180, eff. 7-29-15; text omitted.)

(210 ILCS 46/3-101) Sec. 3-101. Licensure system. 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 accountability fo…

(210 ILCS 46/3-102) Sec. 3-102. 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 therefore as hereinafter provided, which license remains unsuspended, unrevoked and…

(210 ILCS 46/3-102.1) Sec. 3-102.1. Denial of Department access to facility. If the Department is denied access to a facility or any other place which it reasonably believes is required to be licensed as a facility under this Act, it shall request intervention of local, county or…

(210 ILCS 46/3-103) Sec. 3-103. Application for license; financial statement. 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 …

(210 ILCS 46/3-104) Sec. 3-104. Licensing and regulation by municipality. 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 t…

(210 ILCS 46/3-105) Sec. 3-105. Reports by municipality. 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 make such …

(210 ILCS 46/3-106) Sec. 3-106. Issuance of license to holder of municipal license. (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 …

(210 ILCS 46/3-107) Sec. 3-107. Inspection; fees. 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 licensee is in comp…

(210 ILCS 46/3-107.1) Sec. 3-107.1. Access by law enforcement officials and agencies. 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…

(210 ILCS 46/3-108) Sec. 3-108. Cooperation with State agencies. 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 faciliti…

(210 ILCS 46/3-109) Sec. 3-109. Issuance of license based on Director's findings. 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 or she finds: (1…

(210 ILCS 46/3-110) Sec. 3-110. Contents and period of license. (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 shal…

(210 ILCS 46/3-111) Sec. 3-111. Issuance or renewal of license after notice of violation. 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 subseque…

(210 ILCS 46/3-112) Sec. 3-112. Transfer of ownership; license. (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 t…

(210 ILCS 46/3-113) Sec. 3-113. Transferee; conditional license. 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 the pre…

(210 ILCS 46/3-114) Sec. 3-114. Transferor liable for penalties. The transferor shall remain liable for all penalties assessed against the facility which are imposed for violations occurring prior to transfer of ownership. (Source: P.A. 99-180, eff. 7-29-15.)

(210 ILCS 46/3-115) 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 information as the Department requires. If t…

(210 ILCS 46/3-116) Sec. 3-116. Probationary license. 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 valid for 120 da…

(210 ILCS 46/3-117) Sec. 3-117. Denial of license; grounds. 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 this Act…

(210 ILCS 46/3-118) Sec. 3-118. Notice of denial; request for hearing. 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 statem…

(210 ILCS 46/3-119) Sec. 3-119. Suspension, revocation, or refusal to renew license. (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 …

(210 ILCS 46/3-119.1) Sec. 3-119.1. Ban on new admissions. (a) Upon a finding by the Department that there has been a substantial failure to comply with this Act or the rules and regulations promulgated by the Department under this Act, including, without limitation, the circumst…

(210 ILCS 46/3-201) Sec. 3-201. Medical treatment; no prescription by Department. 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. 99-180, eff. 7-29-15.)

(210 ILCS 46/3-202) Sec. 3-202. Standards for facilities. 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 conditi…

(210 ILCS 46/3-202.1) Sec. 3-202.1. Weather or hazard alert system. 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 resid…

(210 ILCS 46/3-202.2a) Sec. 3-202.2a. Comprehensive resident care plan. A facility, with the participation of the resident and the resident's guardian or resident's representative, as applicable, must develop and implement a comprehensive care plan for each resident that includes…

(210 ILCS 46/3-202.3) Sec. 3-202.3. Identified offenders as residents. No later than 30 days after the effective date of this Act, the Department shall file with the Illinois Secretary of State's Office, pursuant to the Illinois Administrative Procedure Act, emergency rules regar…

(210 ILCS 46/3-202.4) Sec. 3-202.4. Feasibility of segregating identified offenders. The Department shall determine the feasibility of requiring identified offenders that seek admission to a licensed facility to be segregated from other residents. (Source: P.A. 99-180, eff. 7-29-…

(210 ILCS 46/3-202.5) 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 facility involving major construction, as defined by rule by the Department, with an estimated cost gr…

(210 ILCS 46/3-203) Sec. 3-203. Standards for persons with developmental disability or emotional or behavioral disorder. In licensing any facility for persons with a developmental disability or persons suffering from emotional or behavioral disorders, the Department shall consult…

(210 ILCS 46/3-204) Sec. 3-204. License classifications. 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 applicable minimum…

(210 ILCS 46/3-205) Sec. 3-205. Municipalities; license classifications. 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 differe…

(210 ILCS 46/3-206) Sec. 3-206. Curriculum for training nursing assistants and aides. 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 facil…

(210 ILCS 46/3-206.005) Sec. 3-206.005. Certification status for certified nursing assistants. A certified nursing assistant shall lose his or her certification status if he or she goes 24 consecutive months without performing nursing or nursing-related services for pay. In this …

(210 ILCS 46/3-206.01) 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, or child care aide, or newly hired as an individual who may have access to a resident, a resident's living…

(210 ILCS 46/3-206.02) Sec. 3-206.02. (Repealed). (Source: P.A. 99-180, eff. 7-29-15. Repealed by P.A. 100-432, eff. 8-25-17.)

(210 ILCS 46/3-206.03) 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 46/3-206.04) Sec. 3-206.04. Transfer of ownership following suspension or revocation; discussion with new owner. 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 lic…

(210 ILCS 46/3-206.05) Sec. 3-206.05. Registry checks for employees. (a) Within 60 days after the effective date of this Act, the Department shall require all facilities to conduct required registry checks on employees at the time of hire and annually thereafter during employment…

(210 ILCS 46/3-207) Sec. 3-207. Statement of ownership. (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 within 10 day…

(210 ILCS 46/3-208) Sec. 3-208. Annual financial statement. (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 auditor o…

(210 ILCS 46/3-209) Sec. 3-209. Posting of information. 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 description, provided by the Department, of complai…

(210 ILCS 46/3-210) Sec. 3-210. Materials for public inspection. 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 …