Chapter 210 — HEALTH FACILITIES AND REGULATION

(210 ILCS 47/1-119) Sec. 1-119. Owner. "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 person, "owner" means the perso…

(210 ILCS 47/1-120) Sec. 1-120. Personal care. "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 incapable of maintai…

(210 ILCS 47/1-120.3) 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 of this Act and 3 days following the admitting facility's receipt of an Identified Offend…

(210 ILCS 47/1-121) Sec. 1-121. Reasonable hour. "Reasonable hour" means any time between the hours of 10 a.m. and 8 p.m. daily. (Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/1-122) Sec. 1-122. Resident. "Resident" means a person receiving personal or medical care, including, but not limited to, habilitation, psychiatric services, therapeutic services, and assistance with activities of daily living from a facility. (Source: P.A. 96-339, e…

(210 ILCS 47/1-123) Sec. 1-123. Resident's representative. "Resident's representative" means a person other than the owner, or an agent or employee of a facility not related to the resident, designated in writing by a resident to be his or her representative, or the resident's gu…

(210 ILCS 47/1-125) Sec. 1-125. Stockholder. "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. 96-339, eff. 7-1-10.)

(210 ILCS 47/1-125.1) Sec. 1-125.1. Student intern. "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 is either: (1) an academic credit requirement …

(210 ILCS 47/1-126) Sec. 1-126. Title XVIII. "Title XVIII" means Title XVIII of the federal Social Security Act as now or hereafter amended. (Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/1-127) Sec. 1-127. Title XIX. "Title XIX" means Title XIX of the federal Social Security Act as now or hereafter amended. (Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/1-128) Sec. 1-128. Transfer. "Transfer" means a change in status of a resident's living arrangements from one facility to another facility. (Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/1-128.5) Sec. 1-128.5. Type "AA" violation. A "Type 'AA' violation" means a violation of this Act or of the rules promulgated thereunder that creates a condition or occurrence relating to the operation and maintenance of a facility that proximately caused a resident'…

(210 ILCS 47/1-129) 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 (i) creates a substantial probabili…

(210 ILCS 47/1-130) Sec. 1-130. Type 'B' violation. A "Type 'B' violation" means a violation of this Act or of the rules promulgated thereunder which (i) creates a condition or occurrence relating to the operation and maintenance of a facility that is more likely than not to caus…

(210 ILCS 47/1-132) Sec. 1-132. Type "C" violation. A "Type 'C' violation" means a violation of this Act or of the rules promulgated thereunder that creates a condition or occurrence relating to the operation and maintenance of a facility that creates a substantial probability th…

(210 ILCS 47/2-101) Sec. 2-101. Constitutional and legal rights. No resident shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of his or her status as a…

(210 ILCS 47/2-101.1) 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 hereafter amended and at Section 303 of Titl…

(210 ILCS 47/2-102) Sec. 2-102. Financial affairs. A resident shall be permitted to manage his or her own financial affairs unless he or she or his or her guardian or if the resident is a minor, his or her parent, authorizes the administrator of the facility in writing to manage …

(210 ILCS 47/2-103) Sec. 2-103. Personal property. A resident shall be permitted to retain and use or wear his or her personal property in his or her immediate living quarters, unless deemed medically inappropriate by a physician and so documented in the resident's clinical recor…

(210 ILCS 47/2-104) Sec. 2-104. Medical treatment; records. (a) A resident shall be permitted to retain the services of his or her own personal physician at his or her own expense or under an individual or group plan of health insurance, or under any public or private assistance …

(210 ILCS 47/2-104.1) Sec. 2-104.1. Transfer of facility ownership after license suspension or revocation. 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 ow…

(210 ILCS 47/2-104.2) Sec. 2-104.2. Do Not Resuscitate Orders. Every facility licensed under this Act shall establish a policy for the implementation of physician orders limiting resuscitation such as those commonly referred to as "Do Not Resuscitate" orders. This policy may only…

(210 ILCS 47/2-105) Sec. 2-105. Privacy. A resident shall be permitted respect and privacy in his or her medical and personal care program. Every resident's case discussion, consultation, examination and treatment shall be confidential and shall be conducted discreetly, and those…

(210 ILCS 47/2-106) Sec. 2-106. Restraints and confinements. (a) For purposes of this Act: (i) 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 easily and r…

(210 ILCS 47/2-106.1) 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 47/2-106a) Sec. 2-106a. Resident identification wristlet. No identification wristlets shall be employed except as ordered by a physician who documents the need for such mandatory identification in the resident's clinical record. When identification bracelets are require…

(210 ILCS 47/2-107) Sec. 2-107. Abuse or neglect; duty to report. 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 47/2-108) Sec. 2-108. Communications; visits; married residents. Every resident shall be permitted unimpeded, private and uncensored communication of his or her choice by mail, public telephone or visitation. (a) The administrator shall ensure that correspondence is con…

(210 ILCS 47/2-109) Sec. 2-109. Religion. A resident shall be permitted the free exercise of religion. Upon a resident's request, and if necessary at the resident's expense, the administrator shall make arrangements for a resident's attendance at religious services of the residen…

(210 ILCS 47/2-110) Sec. 2-110. Access to residents. (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 resident of any fa…

(210 ILCS 47/2-111) Sec. 2-111. Discharge. A resident may be discharged from a facility after he or she gives the administrator, a physician, or a nurse of the facility written notice of his or her desire to be discharged. If a guardian has been appointed for a resident or if the…

(210 ILCS 47/2-112) Sec. 2-112. Grievances. A resident shall be permitted to present grievances on behalf of himself or herself or others to the administrator, the DD Facility Advisory Board established under Section 2-204 of this Act, the residents' advisory council, State gover…

(210 ILCS 47/2-113) Sec. 2-113. Labor. A resident may refuse to perform labor for a facility. (Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/2-114) 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 47/2-115) Sec. 2-115. Right to notification of violations. Residents and their guardians or other resident representatives, if any, shall be notified of any violation of this Act or the rules promulgated thereunder pursuant to Section 2-217 of this Act, or of violations…

(210 ILCS 47/2-116) Sec. 2-116. 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 47/2-201) Sec. 2-201. Residents' funds. 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 resident's immedi…

(210 ILCS 47/2-201.5) Sec. 2-201.5. Screening prior to admission. (a) All persons age 18 or older seeking admission to a facility must be screened to determine the need for facility services prior to being admitted, regardless of income, assets, or funding source. In addition, an…

(210 ILCS 47/2-201.6) 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 (c) of Section 2-201.5 or through any oth…

(210 ILCS 47/2-202) Sec. 2-202. Contract required. (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 private funds, a…

(210 ILCS 47/2-203) Sec. 2-203. Residents' advisory council. 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 compositio…

(210 ILCS 47/2-204) Sec. 2-204. DD Facility Advisory Board. The Director shall appoint a DD Facility Advisory Board to consult with the Department and the residents' advisory councils created under Section 2-203. (a) The Advisory Board shall be composed of the following persons: …

(210 ILCS 47/2-205) Sec. 2-205. Disclosure of information to public. 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 informati…

(210 ILCS 47/2-206) Sec. 2-206. Confidentiality of records. (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 relative…

(210 ILCS 47/2-207) Sec. 2-207. Directories for public health regions; information concerning facility costs and policies. (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 a…

(210 ILCS 47/2-208) Sec. 2-208. Notice of imminent death, unusual incident, abuse, or neglect. (a) A facility shall immediately notify the identified resident's next of kin, guardian, resident's representative, and physician of the resident's death or when the resident's death ap…

(210 ILCS 47/2-209) Sec. 2-209. Number of residents. A facility shall admit only that number of residents for which it is licensed. (Source: P.A. 96-339, eff. 7-1-10.)

(210 ILCS 47/2-210) Sec. 2-210. Policies and procedures. 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 resident com…

(210 ILCS 47/2-211) Sec. 2-211. Explanation of rights. 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 1 of this …

(210 ILCS 47/2-212) Sec. 2-212. Staff familiarity with rights and responsibilities. The facility shall ensure that its staff is familiar with and observes the rights and responsibilities enumerated in this Article. (Source: P.A. 96-339, eff. 7-1-10.)