Section 350.1223  Communicable Disease Policies

a)         The facility shall comply with the Control of Communicable Diseases Code (77 Ill. Adm. Code 690).

b)         The facility shall not knowingly admit a person with a communicable, contagious or infectious disease, as defined in the Control of Communicable Diseases Code, except as allowed in subsection (d) of this Section.  A resident who is suspected of or diagnosed as having any such disease shall be placed in isolation, if required, in accordance with the Control of Communicable Diseases Code.  If the facility believes that it cannot provide the necessary infection control measures, it must initiate an involuntary transfer and discharge pursuant to Article III, Part 4 of the Act and Section 350.630 of this Part.  In determining whether a transfer or discharge is necessary, the burden of proof rests on the facility.

c)         All illnesses required to be reported under the Control of Communicable Diseases Code and Control of Sexually Transmissible Diseases Code (77 Ill. Adm. Code 693) shall be reported immediately to the local health department and to the Department.  The facility shall furnish all pertinent information relating to such occurrences.  In addition, the facility shall also inform the Department of all incidents of scabies and other skin infestations.

d)         Persons with communicable, contagious, or infectious diseases may be admitted under the following conditions:

1)        When a person's infectious condition is directly related to one or more chronic pressure sores, from which laboratory tests have proven the presence of a pathogenic organism.  Such a person may be admitted if the facility is capable of implementing appropriate treatment and isolation techniques to avoid secondary spread of infection.

2)        When a person's condition is communicable, contagious, or infectious only through blood or other body fluid contact, such as hepatitis, acquired immunodeficiency syndrome (AIDS), or human immunodeficiency virus (HIV) infection.

e)         The facility shall notify the Department no later than five working days after the date of the admission of any person with a communicable, contagious, or infectious disease under subsection of this Section.  The notice to the Department shall include at least the date of the admission and the nature of the condition.

f)          Written approval to admit or keep a person with other communicable, contagious, or infectious diseases may be granted by the Department on an individual case basis.  Such approval will depend upon the nature of the infectious condition or disease and the capability of the facility to provide proper care to the person and to safeguard the staff and other residents of the facility from the spread of primary and secondary infections

(Source:  Amended at 29 Ill. Reg. 12954, effective August 2, 2005)