Chapter 210 — HEALTH FACILITIES AND REGULATION

(210 ILCS 46/3-422) Sec. 3-422. Hearing to challenge transfer or discharge. Within 10 days following transfer or discharge, the facility or any resident transferred or discharged may send a written request to the Department for a hearing under Section 3-703 to challenge the trans…

(210 ILCS 46/3-423) Sec. 3-423. Closure of facility; notice. Any owner of a facility licensed under this Act shall give 90 days' notice prior to voluntarily closing a facility or closing any part of a facility, or prior to closing any part of a facility if closing such part will …

(210 ILCS 46/3-501) Sec. 3-501. Monitor or receiver for facility; grounds. The Department may place an employee or agent to serve as a monitor in a facility or may petition the circuit court for appointment of a receiver for a facility, or both, when any of the following conditio…

(210 ILCS 46/3-502) Sec. 3-502. Placement of monitor by Department. In any situation described in Section 3-501, the Department may place a qualified person to act as monitor in the facility. The monitor shall observe operation of the facility, assist the facility by advising it …

(210 ILCS 46/3-503) Sec. 3-503. Emergency; petition for receiver. Where a resident, a resident's representative or a resident's next of kin believes that an emergency exists each of them, collectively or separately, may file a verified petition to the circuit court in the county …

(210 ILCS 46/3-504) Sec. 3-504. Hearing on petition for receiver; grounds for appointment of receiver. The court shall hold a hearing within 5 days of the filing of the petition. The petition and notice of the hearing shall be served on the owner, administrator or designated agen…

(210 ILCS 46/3-505) Sec. 3-505. Emergency; time for hearing. If a petition filed under Section 3-503 alleges that the conditions set out in subsection 3-504(d) exist within a facility, the court may set the matter for hearing at the earliest possible time. The petitioner shall no…

(210 ILCS 46/3-506) Sec. 3-506. Appointment of receiver. The court may appoint any qualified person as a receiver, except it shall not appoint any owner or affiliate of the facility which is in receivership as its receiver. The Department shall maintain a list of such persons to …

(210 ILCS 46/3-507) Sec. 3-507. Health, safety, and welfare of residents. The receiver shall make provisions for the continued health, safety and welfare of all residents of the facility. (Source: P.A. 99-180, eff. 7-29-15.)

(210 ILCS 46/3-508) Sec. 3-508. Receiver's powers and duties. A receiver appointed under this Act: (a) Shall exercise those powers and shall perform those duties set out by the court. (b) Shall operate the facility in such a manner as to assure safety and adequate health care for…

(210 ILCS 46/3-509) Sec. 3-509. Payment for goods or services provided by receiver. (a) A person who is served with notice of an order of the court appointing a receiver and of the receiver's name and address shall be liable to pay the receiver for any goods or services provided …

(210 ILCS 46/3-510) Sec. 3-510. Receiver's avoidance of obligations; reasonable rental, price, or rate of interest to be paid by receiver. (a) A receiver may petition the court that he or she not be required to honor any lease, mortgage, secured transaction or other wholly or par…

(210 ILCS 46/3-511) Sec. 3-511. Insufficient funds collected; reimbursement of receiver by Department. If funds collected under Sections 3-508 and 3-509 are insufficient to meet the expenses of performing the powers and duties conferred on the receiver, or if there are insufficie…

(210 ILCS 46/3-512) Sec. 3-512. Receiver's compensation. The court shall set the compensation of the receiver, which will be considered a necessary expense of a receivership under Section 3-516. (Source: P.A. 99-180, eff. 7-29-15.)

(210 ILCS 46/3-513) Sec. 3-513. Action against receiver. (a) In any action or special proceeding brought against a receiver in the receiver's official capacity for acts committed while carrying out powers and duties under this Article, the receiver shall be considered a public em…

(210 ILCS 46/3-514) Sec. 3-514. License to facility in receivership. Other provisions of this Act notwithstanding, the Department may issue a license to a facility placed in receivership. The duration of a license issued under this Section is limited to the duration of the receiv…

(210 ILCS 46/3-515) Sec. 3-515. Termination of receivership. The court may terminate a receivership: (a) If the time period specified in the order appointing the receiver elapses and is not extended; (b) If the court determines that the receivership is no longer necessary because…

(210 ILCS 46/3-516) Sec. 3-516. Accounting by receiver; Department's lien. (a) Within 30 days after termination, the receiver shall give the court a complete accounting of all property of which the receiver has taken possession, of all funds collected, and of the expenses of the …

(210 ILCS 46/3-517) Sec. 3-517. Civil and criminal liability during receivership. Nothing in this Act shall be deemed to relieve any owner, administrator or employee of a facility placed in receivership of any civil or criminal liability incurred, or any duty imposed by law, by r…

(210 ILCS 46/3-601) Sec. 3-601. Liability for injury to resident. The owner and licensee are liable to a resident for any intentional or negligent act or omission of their agents or employees which injures the resident. (Source: P.A. 99-180, eff. 7-29-15.)

(210 ILCS 46/3-602) Sec. 3-602. Damages for violation of resident's rights. The licensee shall pay the actual damages and costs and attorney's fees to a facility resident whose rights, as specified in Part 1 of Article II of this Act, are violated. (Source: P.A. 99-180, eff. 7-29…

(210 ILCS 46/3-603) Sec. 3-603. Action by resident. A resident may maintain an action under this Act for any other type of relief, including injunctive and declaratory relief, permitted by law. (Source: P.A. 99-180, eff. 7-29-15.)

(210 ILCS 46/3-604) Sec. 3-604. Class action; remedies cumulative. Any damages recoverable under Sections 3-601 through 3-607, including minimum damages as provided by these Sections, may be recovered in any action which a court may authorize to be brought as a class action pursu…

(210 ILCS 46/3-605) Sec. 3-605. Amount of damages; no effect on medical assistance eligibility. The amount of damages recovered by a resident in an action brought under Sections 3-601 through 3-607 shall be exempt for purposes of determining initial or continuing eligibility for …

(210 ILCS 46/3-606) Sec. 3-606. Waiver of resident's right to bring action prohibited. Any waiver by a resident or his or her legal representative of the right to commence an action under Sections 3-601 through 3-607, whether oral or in writing, shall be null and void, and withou…

(210 ILCS 46/3-607) Sec. 3-607. Trial by jury. Any party to an action brought under Sections 3-601 through 3-607 shall be entitled to a trial by jury and any waiver of the right to a trial by a jury, whether oral or in writing, prior to the commencement of an action, shall be nul…

(210 ILCS 46/3-608) Sec. 3-608. Retaliation against resident prohibited. A licensee or its agents or employees shall not transfer, discharge, evict, harass, dismiss, or retaliate against a resident, a resident's representative, or an employee or agent who makes a report under Sec…

(210 ILCS 46/3-609) Sec. 3-609. Immunity from liability for making report. Any person, institution or agency, under this Act, participating in good faith in the making of a report, or in the investigation of such a report shall not be deemed to have violated any privileged commun…

(210 ILCS 46/3-610) Sec. 3-610. Duty to report violations. (a) A facility employee or agent who becomes aware of abuse or neglect of a resident prohibited by Section 2-107 shall immediately report the matter to the Department and to the facility administrator. A facility administ…

(210 ILCS 46/3-611) Sec. 3-611. Employee as perpetrator of abuse. When an investigation of a report of suspected abuse of a recipient indicates, based upon credible evidence, that an employee of a facility is the perpetrator of the abuse, that employee shall immediately be barred…

(210 ILCS 46/3-612) Sec. 3-612. Resident as perpetrator of abuse. When an investigation of a report of suspected abuse of a resident indicates, based upon credible evidence, that another resident of the facility is the perpetrator of the abuse, that resident's condition shall be …

(210 ILCS 46/3-613) Sec. 3-613. Facility employee assistance programs. A facility shall ensure that nurses employed by the facility are aware of employee assistance programs or other like programs available for the physical and mental well-being of the employee. The facility shal…

(210 ILCS 46/3-614) Sec. 3-614. Certified nursing assistant interns. (a) A certified nursing assistant intern shall report to a facility's charge nurse or nursing supervisor and may only be assigned duties authorized in Section 2310-434 of the Department of Public Health Powers a…

(210 ILCS 46/3-615) Sec. 3-615. Posting of Long Term Care Ombudsman Program information. (a) Except as provided under subsection (b), all licensed facilities shall post on the home page of the facility's website the following: (1) The Long Term Care Ombudsman Program's statewide …

(210 ILCS 46/3-701) Sec. 3-701. Public nuisance; action for injunction. The operation or maintenance of a facility in violation of this Act, or of the rules and regulations promulgated by the Department, is declared a public nuisance inimical to the public welfare. The Director i…

(210 ILCS 46/3-702) Sec. 3-702. Request for investigation of violation. (a) A person who believes that this Act or a rule promulgated under this Act may have been violated may request an investigation. The request may be submitted to the Department in writing, by telephone, by el…

(210 ILCS 46/3-703) Sec. 3-703. Hearing to contest decision; applicable provisions. Any person requesting a hearing pursuant to Sections 2-110, 3-115, 3-118, 3-119, 3-119.1, 3-301, 3-303, 3-309, 3-410, 3-422 or 3-702 to contest a decision rendered in a particular case may have su…

(210 ILCS 46/3-704) Sec. 3-704. Hearing; notice; commencement. A request for a hearing by aggrieved persons shall be taken to the Department as follows: (a) Upon the receipt of a request in writing for a hearing, the Director or a person designated in writing by the Director to a…

(210 ILCS 46/3-705) Sec. 3-705. Subpoenas. The Director or hearing officer may compel by subpoena or subpoena duces tecum the attendance and testimony of witnesses and the production of books and papers, and administer oaths to witnesses. (Source: P.A. 99-180, eff. 7-29-15.)

(210 ILCS 46/3-706) Sec. 3-706. Appearance at hearing; depositions; record. The Director or hearing officer shall permit any party to appear in person and to be represented by counsel at the hearing, at which time the applicant or licensee shall be afforded an opportunity to pres…

(210 ILCS 46/3-707) Sec. 3-707. Findings of fact; decision. The Director or hearing officer shall make findings of fact in such hearing, and the Director shall render his or her decision within 30 days after the termination of the hearing, unless additional time not to exceed 90 …

(210 ILCS 46/3-708) Sec. 3-708. Rules of evidence and procedure. The Director or hearing officer shall not be bound by common law or statutory rules of evidence, or by technical or formal rules of procedure, but shall conduct hearings in the manner best calculated to result in su…

(210 ILCS 46/3-709) Sec. 3-709. Service of subpoenas; witness fees. All subpoenas issued by the Director or hearing officer may be served as provided for in civil actions. The fees of witnesses for attendance and travel shall be the same as the fees for witnesses before the circu…

(210 ILCS 46/3-710) Sec. 3-710. Compelling obedience to subpoena. In cases of refusal of a witness to attend or testify or to produce books or papers, concerning any matter upon which he might be lawfully examined, the circuit court of the county wherein the hearing is held, upon…

(210 ILCS 46/3-711) Sec. 3-711. Record of hearing; transcript. The Department, at its expense, shall provide a stenographer to take the testimony, or otherwise record the testimony, and preserve a record of all proceedings under this Section. The notice of hearing, the complaint …

(210 ILCS 46/3-712) Sec. 3-712. Certification of record; fee. The Department shall not be required to certify any record or file any answer or otherwise appear in any proceeding for judicial review under Section 3-713 of this Act unless there is filed with the complaint a receipt…

(210 ILCS 46/3-713) Sec. 3-713. Judicial review; stay of enforcement of Department's decision. (a) Final administrative decisions after hearing shall be subject to judicial review exclusively as provided in the Administrative Review Law, as now or hereafter amended, except that a…

(210 ILCS 46/3-714) Sec. 3-714. Remedies cumulative. The remedies provided by this Act are cumulative and shall not be construed as restricting any party from seeking any remedy, provisional or otherwise, provided by law for the benefit of the party, from obtaining additional rel…

(210 ILCS 46/3-801) Sec. 3-801. Rules and regulations. The Department shall have the power to adopt rules and regulations to carry out the purpose of this Act. (Source: P.A. 99-180, eff. 7-29-15.)

(210 ILCS 46/3-801.05) Sec. 3-801.05. Rules adopted under prior law. The Department shall adopt rules to implement the changes concerning licensure of facilities under this Act instead of under the ID/DD Community Care Act. Until the Department adopts those rules, the rules adopt…