Section 146.205  Definitions

For purposes of this Part, the following terms shall be defined as follows:

            "Activities of Daily Living" means eating, bathing, dressing, transferring, toileting, walking and grooming.

            "Bank Nursing Facility Beds" means a choice by SLF providers to participate by converting a distinct part of a nursing facility.  Such facilities shall be allowed to retain the Certificate of Need for nursing beds that were converted.

            "Complaint" means a phone call, letter or personal contact to the Department from a resident, family member,  resident representative or any other interested person expressing a concern related to the health, safety or well-being of one or more SLF residents.

"Comprehensive Resident Assessment Instrument" or "RAI" means the Department designated resident assessment instrument designed for use in SLFs.

            "Department" means the Illinois Department of Healthcare and Family Services.

            "Direct Care Staff" means staff who provide professional nursing services, assistance with activities of daily living or other personal needs or maintenance, or general supervision and oversight of the physical and mental well-being of an individual.

            "Distinct Part" means a separate building or an entire wing or other physically identifiable space of an existing nursing facility licensed under the Nursing Home Care Act or the Hospital Licensing Act that is operated as an SLF distinguishable from the rest of the facility.  The distinct part of a nursing facility will not be subject to provisions of the Nursing Home Care Act.  The distinct part of a hospital will be subject to provisions of the Hospital Licensing Act while complying with provisions of this Subpart B.  Distinct part does not include the conversion of an entire nursing facility or hospital.

            "Follow-up Care" means the response to, and documentation of, the service plan that is discussed with, and agreed to by, the resident and/or the resident's guardian.  It may include, but is not limited to, physician referrals, revision of the service plan to incorporate nursing services, health promotion counseling and teaching self care in meeting health needs.

            "Freestanding Facility" means a separate building that is not part of an existing nursing facility or hospital.  Freestanding facility includes new construction, an existing building or conversion of an entire nursing facility or hospital into an SLF.

            "Licensed Nurse" means a person whose services are paid for by an SLF and who is licensed as a registered nurse, registered professional nurse, practical nurse or licensed practical nurse under the Nursing and Advanced Practice Nursing Act [225 ILCS 65].

            "Medicaid" means the Department's Medical Assistance Program.

            "Medicaid Resident" means a person with a disability (as determined by the Social Security Administration) age 22 years and over, or a person who is age 65 years and over who has been determined eligible for Medicaid payment for SLF services. Eligibility for a person residing in an SLF shall be determined in accordance with 89 Ill. Adm. Code 120.10 and 120.61 (excluding subsection (f) of Section 120.61).  Provisions for property transfers as described at 89 Ill. Adm. Code 120.387 shall apply to a person residing in an SLF.  Provisions for the prevention of spousal impoverishment as described at 89 Ill. Adm. Code 120.379 shall apply to a person residing in an SLF.

            "Medical Assistance Program" means the program administered under Article V of the Illinois Public Aid Code [305 ILCS 5/Art. V] or successor programs and Title XIX of the Social Security Act (42 USC 1396) and related federal and State rules and regulations.

"Personal Allowance" means the $90 minimum protected monthly amount that is retained by Medicaid-eligible residents for their personal use.

            "Rehabilitated Nursing Facility" means the conversion of a distinct part of an existing nursing facility into an SLF.

            "Related Parties" means affiliates of an SLF; entities for which investments are accounted for by the equity method by the entire enterprise; trusts for the benefit of employees, such as pensions and profit-sharing trusts that are managed by or under the trusteeship of management; any general partner; management of the SLF; members of the immediate families of principal owners of the SLF or its management; and other parties with which the SLF may deal if one party controls or can significantly influence management or operating policies of the other to an extent that one of the transacting parties might be prevented from fully pursuing its own separate interests.  An entity or person shall be deemed by the Department to be a related party if it can significantly influence management or operating policies of the transacting parties or if it has an ownership interest in one of the transacting parties and can significantly influence the other to an extent that one or more of the transacting parties might be prevented from fully pursuing its own separate interests.

            "Resident" means a person living in an SLF, including Medicaid residents as defined in this Section and individuals who are not eligible for Medicaid payment for SLF services.

            "Room and Board" means the housing, utilities and meals provided under the resident contract. Unless otherwise specified in the resident contract, room and board does not include phone or cable charges.

            "Services" means the personal and health care related services provided by an SLF pursuant to Section 146.230.

            "Service Plan" means the written plan of care on the Department designated form that is developed for each resident based upon the initial assessment, annual comprehensive resident assessment or quarterly evaluation.

            "SLF" or "Supportive Living Facility" means a residential setting that meets the requirements of this Subpart B.

            "SSI" means Supplemental Security Income under Title XVI of the Social Security Act.

            "Subcontractor" means any person who assumes any duties and responsibilities from an SLF for the performance of SLF services pursuant to Section 146.230.

(Source:  Amended at 30 Ill. Reg. 8845, effective May 1, 2006)