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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | ARTICLE I. SHORT TITLE AND DEFINITIONS | ||||||||||||||||||||||||
5 | Section 1-101. Short title. This Act may be cited as the | ||||||||||||||||||||||||
6 | MR/DD Community Care Act. | ||||||||||||||||||||||||
7 | Section 1-102. Definitions. For the purposes of this Act, | ||||||||||||||||||||||||
8 | unless the context otherwise requires, the terms defined in | ||||||||||||||||||||||||
9 | this Article have the meanings ascribed to them herein. | ||||||||||||||||||||||||
10 | Section 1-103. Abuse. "Abuse" means any physical or mental | ||||||||||||||||||||||||
11 | injury or sexual assault inflicted on a resident other than by | ||||||||||||||||||||||||
12 | accidental means in a facility. | ||||||||||||||||||||||||
13 | Section 1-104. Access. "Access" means the right to: | ||||||||||||||||||||||||
14 | (1) Enter any facility; | ||||||||||||||||||||||||
15 | (2) Communicate privately and without restriction with | ||||||||||||||||||||||||
16 | any resident who consents to the communication; | ||||||||||||||||||||||||
17 | (3) Seek consent to communicate privately and without | ||||||||||||||||||||||||
18 | restriction with any resident; | ||||||||||||||||||||||||
19 | (4) Inspect the clinical and other records of a | ||||||||||||||||||||||||
20 | resident with the express written consent of the resident; |
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1 | or | ||||||
2 | (5) Observe all areas of the facility except the living | ||||||
3 | area of any resident who protests the observation.
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4 | Section 1-105. Administrator. "Administrator" means a | ||||||
5 | person who is charged with the general administration and | ||||||
6 | supervision of a facility and licensed, if required, under the | ||||||
7 | Nursing Home Administrators Licensing and Disciplinary Act, as | ||||||
8 | now or hereafter amended. | ||||||
9 | Section 1-106. Affiliate. "Affiliate" means: | ||||||
10 | (1) With respect to a partnership, each partner | ||||||
11 | thereof. | ||||||
12 | (2) With respect to a corporation, each officer, | ||||||
13 | director and stockholder thereof. | ||||||
14 | (3) With respect to a natural person: any person | ||||||
15 | related in the first degree of kinship to that person; each | ||||||
16 | partnership and each partner thereof of which that person | ||||||
17 | or any affiliate of that person is a partner; and each | ||||||
18 | corporation in which that person or any affiliate of that | ||||||
19 | person is an officer, director or stockholder.
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20 | Section 1-107. Applicant. "Applicant" means any person | ||||||
21 | making application for a license. | ||||||
22 | Section 1-108.1. Complaint classification. "Complaint |
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1 | classification" means the Department shall categorize reports | ||||||
2 | about conditions, care or services in a facility into one of | ||||||
3 | three groups after an investigation: | ||||||
4 | (1) "An invalid report" means any report made under | ||||||
5 | this Act for which it is determined after an investigation | ||||||
6 | that no credible evidence of abuse, neglect or other | ||||||
7 | deficiency relating to the complaint exists; | ||||||
8 | (2) "A valid report" means a report made under this Act | ||||||
9 | if an investigation determines that some credible evidence | ||||||
10 | of the alleged abuse, neglect or other deficiency relating | ||||||
11 | to the complaint exists; and | ||||||
12 | (3) "An undetermined report" means a report made under | ||||||
13 | this Act in which it was not possible to initiate or | ||||||
14 | complete an investigation on the basis of information | ||||||
15 | provided to the Department.
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16 | Section 1-109. Department. "Department" means the | ||||||
17 | Department of Public Health. | ||||||
18 | Section 1-110. Director. "Director" means the Director of | ||||||
19 | Public Health or his or her designee. | ||||||
20 | Section 1-111. Discharge. "Discharge" means the full | ||||||
21 | release of any resident from a facility. | ||||||
22 | Section 1-112. Emergency. "Emergency" means a situation, |
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1 | physical condition or one or more practices, methods or | ||||||
2 | operations which present imminent danger of death or serious | ||||||
3 | physical or mental harm to residents of a facility. | ||||||
4 | Section 1-113. Facility. "Facility" means an intermediate | ||||||
5 | care facility for the developmentally disabled or a long-term | ||||||
6 | care for under age 22 facility, whether operated for profit or | ||||||
7 | not, which provides, through its ownership or management, | ||||||
8 | personal care or nursing for 3 or more persons not related to | ||||||
9 | the applicant or owner by blood or marriage. It includes | ||||||
10 | intermediate care facilities for the mentally retarded as the | ||||||
11 | term is defined in Title XVIII and Title XIX of the federal | ||||||
12 | Social Security Act. | ||||||
13 | "Facility" does not include the following: | ||||||
14 | (1) A home, institution, or other place operated by the | ||||||
15 | federal government or agency thereof, or by the State of | ||||||
16 | Illinois, other than homes, institutions, or other places | ||||||
17 | operated by or under the authority of the Illinois | ||||||
18 | Department of Veterans' Affairs; | ||||||
19 | (2) A hospital, sanitarium, or other institution
whose | ||||||
20 | principal activity or business is the diagnosis, care, and | ||||||
21 | treatment of human illness through the maintenance and | ||||||
22 | operation as organized facilities therefore, which is | ||||||
23 | required to be licensed under the Hospital Licensing Act; | ||||||
24 | (3) Any "facility for child care" as defined in the
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25 | Child Care Act of 1969; |
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1 | (4) Any "community living facility" as defined in the
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2 | Community Living Facilities Licensing Act; | ||||||
3 | (5) Any "community residential alternative" as
defined | ||||||
4 | in the Community Residential Alternatives Licensing Act; | ||||||
5 | (6) Any nursing home or sanatorium operated solely by
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6 | and for persons who rely exclusively upon treatment by | ||||||
7 | spiritual means through prayer, in accordance with the | ||||||
8 | creed or tenets of any well recognized church or religious | ||||||
9 | denomination. However, such nursing home or sanatorium | ||||||
10 | shall comply with all local laws and rules relating to | ||||||
11 | sanitation and safety; | ||||||
12 | (7) Any facility licensed by the Department of Human
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13 | Services as a community integrated living arrangement as | ||||||
14 | defined in the Community Integrated Living Arrangements | ||||||
15 | Licensure and Certification Act; | ||||||
16 | (8) Any "supportive residence" licensed under the
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17 | Supportive Residences Licensing Act; | ||||||
18 | (9) Any "supportive living facility" in good standing
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19 | with the program established under Section 5-5.01a of the | ||||||
20 | Illinois Public Aid Code, except only for purposes of the
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21 | employment of persons in accordance with Section 3-206.01; | ||||||
22 | (10) Any assisted living or shared housing
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23 | establishment licensed under the Assisted Living and | ||||||
24 | Shared Housing Act, except only for purposes of the
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25 | employment of persons in accordance with Section 3-206.01; | ||||||
26 | (11) An Alzheimer's disease management center
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1 | alternative health care model licensed under the | ||||||
2 | Alternative Health Care Delivery Act; or | ||||||
3 | (12) A home, institution, or other place operated by or
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4 | under the authority of the Illinois Department of Veterans' | ||||||
5 | Affairs.
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6 | Section 1-114. Guardian. "Guardian" means a person | ||||||
7 | appointed as a guardian of the person or guardian of the | ||||||
8 | estate, or both, of a resident under the "Probate Act of 1975", | ||||||
9 | as now or hereafter amended. | ||||||
10 | Section 1-114.01. Identified offender. "Identified | ||||||
11 | offender" means a person who has been convicted of any felony | ||||||
12 | offense listed in Section 25 of the Health Care Worker | ||||||
13 | Background Check Act, is a registered sex offender, or is | ||||||
14 | serving a term of parole, mandatory supervised release, or | ||||||
15 | probation for a felony offense. | ||||||
16 | Section 1-114.1. Immediate family. "Immediate family" | ||||||
17 | means the spouse, an adult child, a parent, an adult brother or | ||||||
18 | sister, or an adult grandchild of a person. | ||||||
19 | Section 1-115. Licensee. "Licensee" means the individual | ||||||
20 | or entity licensed by the Department to operate the facility. | ||||||
21 | Section 1-116. Maintenance. "Maintenance" means food, |
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1 | shelter and laundry services. | ||||||
2 | Section 1-116.5. Misappropriation of a resident's | ||||||
3 | property. "Misappropriation of a resident's property" means | ||||||
4 | the deliberate misplacement, exploitation, or wrongful | ||||||
5 | temporary or permanent use of a resident's belongings or money | ||||||
6 | without the resident's consent. | ||||||
7 | Section 1-117. Neglect. "Neglect" means a failure in a | ||||||
8 | facility to provide adequate medical or personal care or | ||||||
9 | maintenance, which failure results in physical or mental injury | ||||||
10 | to a resident or in the deterioration of a resident's physical | ||||||
11 | or mental condition. | ||||||
12 | Section 1-118. Nurse. "Nurse" means a registered nurse or a | ||||||
13 | licensed practical nurse as defined in the Nurse Practice Act. | ||||||
14 | Section 1-119. Owner. "Owner" means the individual, | ||||||
15 | partnership, corporation, association or other person who owns | ||||||
16 | a facility. In the event a facility is operated by a person who | ||||||
17 | leases the physical plant, which is owned by another person, | ||||||
18 | "owner" means the person who operates the facility, except that | ||||||
19 | if the person who owns the physical plant is an affiliate of | ||||||
20 | the person who operates the facility and has significant | ||||||
21 | control over the day to day operations of the facility, the | ||||||
22 | person who owns the physical plant shall incur jointly and |
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1 | severally with the owner all liabilities imposed on an owner | ||||||
2 | under this Act. | ||||||
3 | Section 1-120. Personal care. "Personal care" means | ||||||
4 | assistance with meals, dressing, movement, bathing or other | ||||||
5 | personal needs or maintenance, or general supervision and | ||||||
6 | oversight of the physical and mental well being of an | ||||||
7 | individual, who is incapable of maintaining a private, | ||||||
8 | independent residence or who is incapable of managing his | ||||||
9 | person whether or not a guardian has been appointed for such | ||||||
10 | individual. | ||||||
11 | Section 1-121. Reasonable hour. "Reasonable hour" means | ||||||
12 | any time between the hours of 10 a.m. and 8 p.m. daily. | ||||||
13 | Section 1-122. Resident. "Resident" means a person | ||||||
14 | residing in and receiving personal care from a facility. | ||||||
15 | Section 1-123. Resident's representative. "Resident's | ||||||
16 | representative" means a person other than the owner, or an | ||||||
17 | agent or employee of a facility not related to the resident, | ||||||
18 | designated in writing by a resident to be his representative, | ||||||
19 | or the resident's guardian, or the parent of a minor resident | ||||||
20 | for whom no guardian has been appointed. | ||||||
21 | Section 1-125. Stockholder. "Stockholder" of a corporation |
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1 | means any person who, directly or indirectly, beneficially | ||||||
2 | owns, holds or has the power to vote, at least 5% of any class | ||||||
3 | of securities issued by the corporation. | ||||||
4 | Section 1-125.1. Student intern. "Student intern" means | ||||||
5 | any person whose total term of employment in any facility | ||||||
6 | during any 12 month period is equal to or less than 90 | ||||||
7 | continuous days, and whose term of employment is either: | ||||||
8 | (1) an academic credit requirement in a high school or | ||||||
9 | undergraduate institution, or | ||||||
10 | (2) immediately succeeds a full quarter, semester or | ||||||
11 | trimester of academic enrollment in either a high school or | ||||||
12 | undergraduate institution, provided that such person is | ||||||
13 | registered for another full quarter, semester or trimester | ||||||
14 | of academic enrollment in either a high school or | ||||||
15 | undergraduate institution which quarter, semester or | ||||||
16 | trimester will commence immediately following the term of | ||||||
17 | employment.
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18 | Section 1-126. Title XVIII. "Title XVIII" means Title XVIII | ||||||
19 | of the federal Social Security Act as now or hereafter amended. | ||||||
20 | Section 1-127. Title XIX. "Title XIX" means Title XIX of | ||||||
21 | the federal Social Security Act as now or hereafter amended. | ||||||
22 | Section 1-128. Transfer. "Transfer" means a change in |
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1 | status of a resident's living arrangements from one facility to | ||||||
2 | another facility. | ||||||
3 | Section 1-129. Type 'A' violation. A "Type 'A' violation" | ||||||
4 | means a violation of this Act or of the rules promulgated | ||||||
5 | thereunder which creates a condition or occurrence relating to | ||||||
6 | the operation and maintenance of a facility presenting a | ||||||
7 | substantial probability that death or serious mental or | ||||||
8 | physical harm to a resident will result therefrom. | ||||||
9 | Section 1-130. Type 'B' violation. A "Type 'B' violation" | ||||||
10 | means a violation of this Act or of the rules promulgated | ||||||
11 | thereunder which creates a condition or occurrence relating to | ||||||
12 | the operation and maintenance of a facility directly | ||||||
13 | threatening to the health, safety or welfare of a resident. | ||||||
14 | ARTICLE II. RIGHTS AND RESPONSIBILITIES | ||||||
15 | PART 1. RESIDENT RIGHTS | ||||||
16 | Section 2-101. Constitutional and legal rights. No | ||||||
17 | resident shall be deprived of any rights, benefits, or | ||||||
18 | privileges guaranteed by law, the Constitution of the State of | ||||||
19 | Illinois, or the Constitution of the United States solely on | ||||||
20 | account of his status as a resident of a facility. |
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1 | Section 2-101.1. Spousal impoverishment. All new residents | ||||||
2 | and their spouses shall be informed on admittance of their | ||||||
3 | spousal impoverishment rights as defined at Section 5-4 of the | ||||||
4 | Illinois Public Aid Code, as now or hereafter amended and at | ||||||
5 | Section 303 of Title III of the Medicare Catastrophic Coverage | ||||||
6 | Act of 1988 (P.L. 100 360). | ||||||
7 | Section 2-102. Financial affairs. A resident shall be | ||||||
8 | permitted to manage his own financial affairs unless he or his | ||||||
9 | guardian or if the resident is a minor, his parent, authorizes | ||||||
10 | the administrator of the facility in writing to manage such | ||||||
11 | resident's financial affairs under Section 2-201 of this Act. | ||||||
12 | Section 2-103. Personal property. A resident shall be | ||||||
13 | permitted to retain and use or wear his personal property in | ||||||
14 | his immediate living quarters, unless deemed medically | ||||||
15 | inappropriate by a physician and so documented in the | ||||||
16 | resident's clinical record. If clothing is provided to the | ||||||
17 | resident by the facility, it shall be of a proper fit. | ||||||
18 | The facility shall provide adequate storage space for the | ||||||
19 | personal property of the resident. The facility shall provide a | ||||||
20 | means of safeguarding small items of value for its residents in | ||||||
21 | their rooms or in any other part of the facility so long as the | ||||||
22 | residents have daily access to such valuables. The facility | ||||||
23 | shall make reasonable efforts to prevent loss and theft of | ||||||
24 | residents' property. Those efforts shall be appropriate to the |
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1 | particular facility and may include, but are not limited to, | ||||||
2 | staff training and monitoring, labeling property, and frequent | ||||||
3 | property inventories. The facility shall develop procedures | ||||||
4 | for investigating complaints concerning theft of residents' | ||||||
5 | property and shall promptly investigate all such complaints. | ||||||
6 | Section 2-104. Medical treatment; records. | ||||||
7 | (a) A resident shall be permitted to retain the services of | ||||||
8 | his own personal physician at his own expense or under an | ||||||
9 | individual or group plan of health insurance, or under any | ||||||
10 | public or private assistance program providing such coverage. | ||||||
11 | However, the facility is not liable for the negligence of any | ||||||
12 | such personal physician. Every resident shall be permitted to | ||||||
13 | obtain from his own physician or the physician attached to the | ||||||
14 | facility complete and current information concerning his | ||||||
15 | medical diagnosis, treatment and prognosis in terms and | ||||||
16 | language the resident can reasonably be expected to understand. | ||||||
17 | Every resident shall be permitted to participate in the | ||||||
18 | planning of his total care and medical treatment to the extent | ||||||
19 | that his condition permits. No resident shall be subjected to | ||||||
20 | experimental research or treatment without first obtaining his | ||||||
21 | informed, written consent. The conduct of any experimental | ||||||
22 | research or treatment shall be authorized and monitored by an | ||||||
23 | institutional review committee appointed by the administrator | ||||||
24 | of the facility where such research and treatment is conducted. | ||||||
25 | The membership, operating procedures and review criteria for |
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1 | institutional review committees shall be prescribed under | ||||||
2 | rules and regulations of the Department. | ||||||
3 | (b) All medical treatment and procedures shall be | ||||||
4 | administered as ordered by a physician. All new physician | ||||||
5 | orders shall be reviewed by the facility's director of nursing | ||||||
6 | or charge nurse designee within 24 hours after such orders have | ||||||
7 | been issued to assure facility compliance with such orders. | ||||||
8 | According to rules adopted by the Department, every woman | ||||||
9 | resident of child bearing age shall receive routine obstetrical | ||||||
10 | and gynecological evaluations as well as necessary prenatal | ||||||
11 | care. | ||||||
12 | (c) Every resident shall be permitted to refuse medical | ||||||
13 | treatment and to know the consequences of such action, unless | ||||||
14 | such refusal would be harmful to the health and safety of | ||||||
15 | others and such harm is documented by a physician in the | ||||||
16 | resident's clinical record. The resident's refusal shall free | ||||||
17 | the facility from the obligation to provide the treatment.
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18 | (d) Every resident, resident's guardian, or parent if the | ||||||
19 | resident is a minor shall be permitted to inspect and copy all | ||||||
20 | his clinical and other records concerning his care and | ||||||
21 | maintenance kept by the facility or by his physician. The | ||||||
22 | facility may charge a reasonable fee for duplication of a | ||||||
23 | record. | ||||||
24 | Section 2-104.1. Transfer of facility ownership after | ||||||
25 | license suspension or revocation. Whenever ownership of a |
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1 | private facility is transferred to another private owner | ||||||
2 | following a final order for a suspension or revocation of the | ||||||
3 | facility's license, the new owner, if the Department so | ||||||
4 | determines, shall thoroughly evaluate the condition and needs | ||||||
5 | of each resident as if each resident were being newly admitted | ||||||
6 | to the facility. The evaluation shall include a review of the | ||||||
7 | medical record and the conduct of a physical examination of | ||||||
8 | each resident which shall be performed within 30 days after the | ||||||
9 | transfer of ownership. | ||||||
10 | Section 2-104.2. Do Not Resuscitate Orders. Every facility | ||||||
11 | licensed under this Act shall establish a policy for the | ||||||
12 | implementation of physician orders limiting resuscitation such | ||||||
13 | as those commonly referred to as "Do Not Resuscitate" orders. | ||||||
14 | This policy may only prescribe the format, method of | ||||||
15 | documentation and duration of any physician orders limiting | ||||||
16 | resuscitation. Any orders under this policy shall be honored by | ||||||
17 | the facility. The Department of Public Health Uniform DNR Order | ||||||
18 | form or a copy of that form shall be honored by the facility. | ||||||
19 | Section 2-105. Privacy. A resident shall be permitted | ||||||
20 | respect and privacy in his medical and personal care program. | ||||||
21 | Every resident's case discussion, consultation, examination | ||||||
22 | and treatment shall be confidential and shall be conducted | ||||||
23 | discreetly, and those persons not directly involved in the | ||||||
24 | resident's care must have his permission to be present. |
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1 | Section 2-106. Restraints and confinements. | ||||||
2 | (a) For purposes of this Act: | ||||||
3 | (i) A physical restraint is any manual method or | ||||||
4 | physical or mechanical device, material, or equipment | ||||||
5 | attached or adjacent to a resident's body that the resident | ||||||
6 | cannot remove easily and restricts freedom of movement or | ||||||
7 | normal access to one's body. Devices used for positioning, | ||||||
8 | including but not limited to bed rails, gait belts, and | ||||||
9 | cushions, shall not be considered to be restraints for | ||||||
10 | purposes of this Section. | ||||||
11 | (ii) A chemical restraint is any drug used for | ||||||
12 | discipline or convenience and not required to treat medical | ||||||
13 | symptoms. The Department shall by rule, designate certain | ||||||
14 | devices as restraints, including at least all those devices | ||||||
15 | which have been determined to be restraints by the United | ||||||
16 | States Department of Health and Human Services in | ||||||
17 | interpretive guidelines issued for the purposes of | ||||||
18 | administering Titles XVIII and XIX of the Social Security | ||||||
19 | Act. | ||||||
20 | (b) Neither restraints nor confinements shall be employed | ||||||
21 | for the purpose of punishment or for the convenience of any | ||||||
22 | facility personnel. No restraints or confinements shall be | ||||||
23 | employed except as ordered by a physician who documents the | ||||||
24 | need for such restraints or confinements in the resident's | ||||||
25 | clinical record. Each facility licensed under this Act must |
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1 | have a written policy to address the use of restraints and | ||||||
2 | seclusion. The Department shall establish by rule the | ||||||
3 | provisions that the policy must include, which, to the extent | ||||||
4 | practicable, should be consistent with the requirements for | ||||||
5 | participation in the federal Medicare program. Each policy | ||||||
6 | shall include periodic review of the use of restraints. | ||||||
7 | (c) A restraint may be used only with the informed consent | ||||||
8 | of the resident, the resident's guardian, or other authorized | ||||||
9 | representative. A restraint may be used only for specific | ||||||
10 | periods, if it is the least restrictive means necessary to | ||||||
11 | attain and maintain the resident's highest practicable | ||||||
12 | physical, mental or psychosocial well being, including brief | ||||||
13 | periods of time to provide necessary life saving treatment. A | ||||||
14 | restraint may be used only after consultation with appropriate | ||||||
15 | health professionals, such as occupational or physical | ||||||
16 | therapists, and a trial of less restrictive measures has led to | ||||||
17 | the determination that the use of less restrictive measures | ||||||
18 | would not attain or maintain the resident's highest practicable | ||||||
19 | physical, mental or psychosocial well being. However, if the | ||||||
20 | resident needs emergency care, restraints may be used for brief | ||||||
21 | periods to permit medical treatment to proceed unless the | ||||||
22 | facility has notice that the resident has previously made a | ||||||
23 | valid refusal of the treatment in question. | ||||||
24 | (d) A restraint may be applied only by a person trained in | ||||||
25 | the application of the particular type of restraint. | ||||||
26 | (e) Whenever a period of use of a restraint is initiated, |
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1 | the resident shall be advised of his or her right to have a | ||||||
2 | person or organization of his or her choosing, including the | ||||||
3 | Guardianship and Advocacy Commission, notified of the use of | ||||||
4 | the restraint. A recipient who is under guardianship may | ||||||
5 | request that a person or organization of his or her choosing be | ||||||
6 | notified of the restraint, whether or not the guardian approves | ||||||
7 | the notice. If the resident so chooses, the facility shall make | ||||||
8 | the notification within 24 hours, including any information | ||||||
9 | about the period of time that the restraint is to be used. | ||||||
10 | Whenever the Guardianship and Advocacy Commission is notified | ||||||
11 | that a resident has been restrained, it shall contact the | ||||||
12 | resident to determine the circumstances of the restraint and | ||||||
13 | whether further action is warranted. | ||||||
14 | (f) Whenever a restraint is used on a resident whose | ||||||
15 | primary mode of communication is sign language, the resident | ||||||
16 | shall be permitted to have his or her hands free from restraint | ||||||
17 | for brief periods each hour, except when this freedom may | ||||||
18 | result in physical harm to the resident or others. | ||||||
19 | (g) The requirements of this Section are intended to | ||||||
20 | control in any conflict with the requirements of Sections 1-126 | ||||||
21 | and 2-108 of the Mental Health and Developmental Disabilities | ||||||
22 | Code.
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23 | Section 2-106.1. Drug treatment. | ||||||
24 | (a) A resident shall not be given unnecessary drugs. An | ||||||
25 | unnecessary drug is any drug used in an excessive dose, |
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1 | including in duplicative therapy; for excessive duration; | ||||||
2 | without adequate monitoring; without adequate indications for | ||||||
3 | its use; or in the presence of adverse consequences that | ||||||
4 | indicate the drugs should be reduced or discontinued. The | ||||||
5 | Department shall adopt, by rule, the standards for unnecessary | ||||||
6 | drugs contained in interpretive guidelines issued by the United | ||||||
7 | States Department of Health and Human Services for the purposes | ||||||
8 | of administering Titles XVIII and XIX of the Social Security | ||||||
9 | Act. | ||||||
10 | (b) Psychotropic medication shall not be prescribed | ||||||
11 | without the informed consent of the resident, the resident's | ||||||
12 | guardian, or other authorized representative. "Psychotropic | ||||||
13 | medication" means medication that is used for or listed as used | ||||||
14 | for antipsychotic, antidepressant, antimanic, or antianxiety | ||||||
15 | behavior modification or behavior management purposes in the | ||||||
16 | latest editions of the AMA Drug Evaluations or the Physician's | ||||||
17 | Desk Reference. | ||||||
18 | (c) The requirements of this Section are intended to | ||||||
19 | control in a conflict with the requirements of Sections 2-102 | ||||||
20 | and 2-107.2 of the Mental Health and Developmental Disabilities | ||||||
21 | Code with respect to the administration of psychotropic | ||||||
22 | medication.
| ||||||
23 | Section 2-106a. Resident identification wristlet. No | ||||||
24 | identification wristlets shall be employed except as ordered by | ||||||
25 | a physician who documents the need for such mandatory |
| |||||||
| |||||||
1 | identification in the resident's clinical record. When | ||||||
2 | identification bracelets are required, they must identify the | ||||||
3 | resident's name, and the name and address of the facility | ||||||
4 | issuing the identification wristlet. | ||||||
5 | Section 2-107. Abuse or neglect; duty to report. An owner, | ||||||
6 | licensee, administrator, employee or agent of a facility shall | ||||||
7 | not abuse or neglect a resident. It is the duty of any facility | ||||||
8 | employee or agent who becomes aware of such abuse or neglect to | ||||||
9 | report it as provided in the Abused and Neglected Long Term | ||||||
10 | Care Facility Residents Reporting Act. | ||||||
11 | Section 2-108. Communications; visits; married residents. | ||||||
12 | Every resident shall be permitted unimpeded, private and | ||||||
13 | uncensored communication of his choice by mail, public | ||||||
14 | telephone or visitation. | ||||||
15 | (a) The administrator shall ensure that correspondence is | ||||||
16 | conveniently received and mailed, and that telephones are | ||||||
17 | reasonably accessible. | ||||||
18 | (b) The administrator shall ensure that residents may have | ||||||
19 | private visits at any reasonable hour unless such visits are | ||||||
20 | not medically advisable for the resident as documented in the | ||||||
21 | resident's clinical record by the resident's physician. | ||||||
22 | (c) The administrator shall ensure that space for visits is | ||||||
23 | available and that facility personnel knock, except in an | ||||||
24 | emergency, before entering any resident's room. |
| |||||||
| |||||||
1 | (d) Unimpeded, private and uncensored communication by | ||||||
2 | mail, public telephone and visitation may be reasonably | ||||||
3 | restricted by a physician only in order to protect the resident | ||||||
4 | or others from harm, harassment or intimidation, provided that | ||||||
5 | the reason for any such restriction is placed in the resident's | ||||||
6 | clinical record by the physician and that notice of such | ||||||
7 | restriction shall be given to all residents upon admission. | ||||||
8 | However, all letters addressed by a resident to the Governor, | ||||||
9 | members of the General Assembly, Attorney General, judges, | ||||||
10 | state's attorneys, officers of the Department, or licensed | ||||||
11 | attorneys at law shall be forwarded at once to the persons to | ||||||
12 | whom they are addressed without examination by facility | ||||||
13 | personnel. Letters in reply from the officials and attorneys | ||||||
14 | mentioned above shall be delivered to the recipient without | ||||||
15 | examination by facility personnel. | ||||||
16 | (e) The administrator shall ensure that married residents | ||||||
17 | residing in the same facility be allowed to reside in the same | ||||||
18 | room within the facility unless there is no room available in | ||||||
19 | the facility or it is deemed medically inadvisable by the | ||||||
20 | residents' attending physician and so documented in the | ||||||
21 | residents' medical records.
| ||||||
22 | Section 2-109. Religion. A resident shall be permitted the | ||||||
23 | free exercise of religion. Upon a resident's request, and if | ||||||
24 | necessary at his expense, the administrator shall make | ||||||
25 | arrangements for a resident's attendance at religious services |
| |||||||
| |||||||
1 | of the resident's choice. However, no religious beliefs or | ||||||
2 | practices, or attendance at religious services, may be imposed | ||||||
3 | upon any resident. | ||||||
4 | Section 2-110. Access to residents.
| ||||||
5 | (a) Any employee or agent of a public agency, any | ||||||
6 | representative of a community legal services program or any | ||||||
7 | other member of the general public shall be permitted access at | ||||||
8 | reasonable hours to any individual resident of any facility, | ||||||
9 | but only if there is neither a commercial purpose nor effect to | ||||||
10 | such access and if the purpose is to do any of the following: | ||||||
11 | (1) Visit, talk with and make personal, social and
| ||||||
12 | legal services available to all residents; | ||||||
13 | (2) Inform residents of their rights and entitlements
| ||||||
14 | and their corresponding obligations, under federal and | ||||||
15 | State laws, by means of educational materials and | ||||||
16 | discussions in groups and with individual residents; | ||||||
17 | (3) Assist residents in asserting their legal rights
| ||||||
18 | regarding claims for public assistance, medical assistance | ||||||
19 | and social security benefits, as well as in all other | ||||||
20 | matters in which residents are aggrieved. Assistance may | ||||||
21 | include counseling and litigation; or | ||||||
22 | (4) Engage in other methods of asserting, advising
and | ||||||
23 | representing residents so as to extend to them full | ||||||
24 | enjoyment of their rights. | ||||||
25 | (a-5) If a resident of a licensed facility is an identified |
| |||||||
| |||||||
1 | offender, any federal, State, or local law enforcement officer | ||||||
2 | or county probation officer shall be permitted reasonable | ||||||
3 | access to the individual resident to verify compliance with the | ||||||
4 | requirements of the Sex Offender Registration Act or to verify | ||||||
5 | compliance with applicable terms of probation, parole, or | ||||||
6 | mandatory supervised release. | ||||||
7 | (b) All persons entering a facility under this Section | ||||||
8 | shall promptly notify appropriate facility personnel of their | ||||||
9 | presence. They shall, upon request, produce identification to | ||||||
10 | establish their identity. No such person shall enter the | ||||||
11 | immediate living area of any resident without first identifying | ||||||
12 | himself and then receiving permission from the resident to | ||||||
13 | enter. The rights of other residents present in the room shall | ||||||
14 | be respected. A resident may terminate at any time a visit by a | ||||||
15 | person having access to the resident's living area under this | ||||||
16 | Section. | ||||||
17 | (c) This Section shall not limit the power of the | ||||||
18 | Department or other public agency otherwise permitted or | ||||||
19 | required by law to enter and inspect a facility. | ||||||
20 | (d) Notwithstanding paragraph (a) of this Section, the | ||||||
21 | administrator of a facility may refuse access to the facility | ||||||
22 | to any person if the presence of that person in the facility | ||||||
23 | would be injurious to the health and safety of a resident or | ||||||
24 | would threaten the security of the property of a resident or | ||||||
25 | the facility, or if the person seeks access to the facility for | ||||||
26 | commercial purposes. Any person refused access to a facility |
| |||||||
| |||||||
1 | may within 10 days request a hearing under Section 3-703. In | ||||||
2 | that proceeding, the burden of proof as to the right of the | ||||||
3 | facility to refuse access under this Section shall be on the | ||||||
4 | facility.
| ||||||
5 | Section 2-111. Discharge. A resident may be discharged from | ||||||
6 | a facility after he gives the administrator, a physician, or a | ||||||
7 | nurse of the facility written notice of his desire to be | ||||||
8 | discharged. If a guardian has been appointed for a resident or | ||||||
9 | if the resident is a minor, the resident shall be discharged | ||||||
10 | upon written consent of his guardian or if the resident is a | ||||||
11 | minor, his parent unless there is a court order to the | ||||||
12 | contrary. In such cases, upon the resident's discharge, the | ||||||
13 | facility is relieved from any responsibility for the resident's | ||||||
14 | care, safety or well being. | ||||||
15 | Section 2-112. Grievances. A resident shall be permitted to | ||||||
16 | present grievances on behalf of himself or others to the | ||||||
17 | administrator, the Long-Term Care Facility Advisory Board | ||||||
18 | established under Section 2-204 of the Nursing Home Care Act, | ||||||
19 | the residents' advisory council, State governmental agencies | ||||||
20 | or other persons without threat of discharge or reprisal in any | ||||||
21 | form or manner whatsoever. The administrator shall provide all | ||||||
22 | residents or their representatives with the name, address, and | ||||||
23 | telephone number of the appropriate State governmental office | ||||||
24 | where complaints may be lodged. |
| |||||||
| |||||||
1 | Section 2-113. Labor. A resident may refuse to perform | ||||||
2 | labor for a facility. | ||||||
3 | PART 2. RESPONSIBILITIES | ||||||
4 | Section 2-201. Residents' funds. To protect the residents' | ||||||
5 | funds, the facility: | ||||||
6 | (1) Shall at the time of admission provide, in order of | ||||||
7 | priority, each resident, or the resident's guardian, if any, or | ||||||
8 | the resident's representative, if any, or the resident's | ||||||
9 | immediate family member, if any, with a written statement | ||||||
10 | explaining to the resident and to the resident's spouse (a) | ||||||
11 | their spousal impoverishment rights, as defined at Section 5-4 | ||||||
12 | of the Illinois Public Aid Code, and at Section 303 of Title | ||||||
13 | III of the Medicare Catastrophic Coverage Act of 1988 (P.L. 100 | ||||||
14 | 360), and (b) the resident's rights regarding personal funds | ||||||
15 | and listing the services for which the resident will be | ||||||
16 | charged. The facility shall obtain a signed acknowledgment from | ||||||
17 | each resident or the resident's guardian, if any, or the | ||||||
18 | resident's representative, if any, or the resident's immediate | ||||||
19 | family member, if any, that such person has received the | ||||||
20 | statement. | ||||||
21 | (2) May accept funds from a resident for safekeeping and | ||||||
22 | managing, if it receives written authorization from, in order | ||||||
23 | of priority, the resident or the resident's guardian, if any, |
| |||||||
| |||||||
1 | or the resident's representative, if any, or the resident's | ||||||
2 | immediate family member, if any; such authorization shall be | ||||||
3 | attested to by a witness who has no pecuniary interest in the | ||||||
4 | facility or its operations, and who is not connected in any way | ||||||
5 | to facility personnel or the administrator in any manner | ||||||
6 | whatsoever. | ||||||
7 | (3) Shall maintain and allow, in order of priority, each | ||||||
8 | resident or the resident's guardian, if any, or the resident's | ||||||
9 | representative, if any, or the resident's immediate family | ||||||
10 | member, if any, access to a written record of all financial | ||||||
11 | arrangements and transactions involving the individual | ||||||
12 | resident's funds. | ||||||
13 | (4) Shall provide, in order of priority, each resident, or | ||||||
14 | the resident's guardian, if any, or the resident's | ||||||
15 | representative, if any, or the resident's immediate family | ||||||
16 | member, if any, with a written itemized statement at least | ||||||
17 | quarterly, of all financial transactions involving the | ||||||
18 | resident's funds. | ||||||
19 | (5) Shall purchase a surety bond, or otherwise provide | ||||||
20 | assurance satisfactory to the Departments of Public Health and | ||||||
21 | Financial and Professional Regulation that all residents' | ||||||
22 | personal funds deposited with the facility are secure against | ||||||
23 | loss, theft, and insolvency. | ||||||
24 | (6) Shall keep any funds received from a resident for | ||||||
25 | safekeeping in an account separate from the facility's funds, | ||||||
26 | and shall at no time withdraw any part or all of such funds for |
| |||||||
| |||||||
1 | any purpose other than to return the funds to the resident upon | ||||||
2 | the request of the resident or any other person entitled to | ||||||
3 | make such request, to pay the resident his allowance, or to | ||||||
4 | make any other payment authorized by the resident or any other | ||||||
5 | person entitled to make such authorization. | ||||||
6 | (7) Shall deposit any funds received from a resident in | ||||||
7 | excess of $100 in an interest bearing account insured by | ||||||
8 | agencies of, or corporations chartered by, the State or federal | ||||||
9 | government. The account shall be in a form which clearly | ||||||
10 | indicates that the facility has only a fiduciary interest in | ||||||
11 | the funds and any interest from the account shall accrue to the | ||||||
12 | resident. The facility may keep up to $100 of a resident's | ||||||
13 | money in a non-interest-bearing account or petty cash fund, to | ||||||
14 | be readily available for the resident's current expenditures. | ||||||
15 | (8) Shall return to the resident, or the person who | ||||||
16 | executed the written authorization required in subsection (2) | ||||||
17 | of this Section, upon written request, all or any part of the | ||||||
18 | resident's funds given the facility for safekeeping, including | ||||||
19 | the interest accrued from deposits. | ||||||
20 | (9) Shall (a) place any monthly allowance to which a | ||||||
21 | resident is entitled in that resident's personal account, or | ||||||
22 | give it to the resident, unless the facility has written | ||||||
23 | authorization from the resident or the resident's guardian or | ||||||
24 | if the resident is a minor, his parent, to handle it | ||||||
25 | differently, (b) take all steps necessary to ensure that a | ||||||
26 | personal needs allowance that is placed in a resident's |
| |||||||
| |||||||
1 | personal account is used exclusively by the resident or for the | ||||||
2 | benefit of the resident, and (c) where such funds are withdrawn | ||||||
3 | from the resident's personal account by any person other than | ||||||
4 | the resident, require such person to whom funds constituting | ||||||
5 | any part of a resident's personal needs allowance are released, | ||||||
6 | to execute an affidavit that such funds shall be used | ||||||
7 | exclusively for the benefit of the resident. | ||||||
8 | (10) Unless otherwise provided by State law, upon the death | ||||||
9 | of a resident, shall provide the executor or administrator of | ||||||
10 | the resident's estate with a complete accounting of all the | ||||||
11 | resident's personal property, including any funds of the | ||||||
12 | resident being held by the facility. | ||||||
13 | (11) If an adult resident is incapable of managing his | ||||||
14 | funds and does not have a resident's representative, guardian, | ||||||
15 | or an immediate family member, shall notify the Office of the | ||||||
16 | State Guardian of the Guardianship and Advocacy Commission. | ||||||
17 | (12) If the facility is sold, shall provide the buyer with | ||||||
18 | a written verification by a public accountant of all residents' | ||||||
19 | monies and properties being transferred, and obtain a signed | ||||||
20 | receipt from the new owner.
| ||||||
21 | Section 2-201.5. Screening prior to admission. | ||||||
22 | (a) All persons age 18 or older seeking admission to a | ||||||
23 | facility must be screened to determine the need for facility | ||||||
24 | services prior to being admitted, regardless of income, assets, | ||||||
25 | or funding source. In addition, any person who seeks to become |
| |||||||
| |||||||
1 | eligible for medical assistance from the Medical Assistance | ||||||
2 | Program under the Illinois Public Aid Code to pay for services | ||||||
3 | while residing in a facility must be screened prior to | ||||||
4 | receiving those benefits. Screening for facility services | ||||||
5 | shall be administered through procedures established by | ||||||
6 | administrative rule. Screening may be done by agencies other | ||||||
7 | than the Department as established by administrative rule. | ||||||
8 | (b) In addition to the screening required by subsection | ||||||
9 | (a), identified offenders who seek admission to a licensed | ||||||
10 | facility shall not be admitted unless the licensed facility | ||||||
11 | complies with the requirements of the Department's | ||||||
12 | administrative rules adopted pursuant to Section 3-202.3.
| ||||||
13 | Section 2-202. Contract required.
| ||||||
14 | (a) Before a person is admitted to a facility, or at the | ||||||
15 | expiration of the period of previous contract, or when the | ||||||
16 | source of payment for the resident's care changes from private | ||||||
17 | to public funds or from public to private funds, a written | ||||||
18 | contract shall be executed between a licensee and the following | ||||||
19 | in order of priority: | ||||||
20 | (1) the person, or if the person is a minor, his
parent | ||||||
21 | or guardian; or | ||||||
22 | (2) the person's guardian, if any, or agent, if any,
as | ||||||
23 | defined in Section 2-3 of the Illinois Power of Attorney | ||||||
24 | Act; or | ||||||
25 | (3) a member of the person's immediate family.
|
| |||||||
| |||||||
1 | An adult person shall be presumed to have the capacity to | ||||||
2 | contract for admission to a long term care facility unless he | ||||||
3 | has been adjudicated a "disabled person" within the meaning of | ||||||
4 | Section 11a-2 of the Probate Act of 1975, or unless a petition | ||||||
5 | for such an adjudication is pending in a circuit court of | ||||||
6 | Illinois.
| ||||||
7 | If there is no guardian, agent or member of the person's | ||||||
8 | immediate family available, able or willing to execute the | ||||||
9 | contract required by this Section and a physician determines | ||||||
10 | that a person is so disabled as to be unable to consent to | ||||||
11 | placement in a facility, or if a person has already been found | ||||||
12 | to be a "disabled person", but no order has been entered | ||||||
13 | allowing residential placement of the person, that person may | ||||||
14 | be admitted to a facility before the execution of a contract | ||||||
15 | required by this Section; provided that a petition for | ||||||
16 | guardianship or for modification of guardianship is filed | ||||||
17 | within 15 days of the person's admission to a facility, and | ||||||
18 | provided further that such a contract is executed within 10 | ||||||
19 | days of the disposition of the petition.
| ||||||
20 | No adult shall be admitted to a facility if he objects, | ||||||
21 | orally or in writing, to such admission, except as otherwise | ||||||
22 | provided in Chapters III and IV of the Mental Health and | ||||||
23 | Developmental Disabilities Code or Section 11a-14.1 of the | ||||||
24 | Probate Act of 1975.
| ||||||
25 | Before a licensee enters a contract under this Section, it | ||||||
26 | shall provide the prospective resident and his guardian, if |
| |||||||
| |||||||
1 | any, with written notice of the licensee's policy regarding | ||||||
2 | discharge of a resident whose private funds for payment of care | ||||||
3 | are exhausted. | ||||||
4 | (b) A resident shall not be discharged or transferred at | ||||||
5 | the expiration of the term of a contract, except as provided in | ||||||
6 | Sections 3-401 through 3-423. | ||||||
7 | (c) At the time of the resident's admission to the | ||||||
8 | facility, a copy of the contract shall be given to the | ||||||
9 | resident, his guardian, if any, and any other person who | ||||||
10 | executed the contract. | ||||||
11 | (d) A copy of the contract for a resident who is supported | ||||||
12 | by nonpublic funds other than the resident's own funds shall be | ||||||
13 | made available to the person providing the funds for the | ||||||
14 | resident's support. | ||||||
15 | (e) The original or a copy of the contract shall be | ||||||
16 | maintained in the facility and be made available upon request | ||||||
17 | to representatives of the Department and the Department of | ||||||
18 | Healthcare and Family Services. | ||||||
19 | (f) The contract shall be written in clear and unambiguous | ||||||
20 | language and shall be printed in not less than 12-point type. | ||||||
21 | The general form of the contract shall be prescribed by the | ||||||
22 | Department. | ||||||
23 | (g) The contract shall specify: | ||||||
24 | (1) the term of the contract; | ||||||
25 | (2) the services to be provided under the contract
and | ||||||
26 | the charges for the services; |
| |||||||
| |||||||
1 | (3) the services that may be provided to supplement
the | ||||||
2 | contract and the charges for the services; | ||||||
3 | (4) the sources liable for payments due under the
| ||||||
4 | contract; | ||||||
5 | (5) the amount of deposit paid; and | ||||||
6 | (6) the rights, duties and obligations of the
resident, | ||||||
7 | except that the specification of a resident's rights may be | ||||||
8 | furnished on a separate document which complies with the | ||||||
9 | requirements of Section 2-211. | ||||||
10 | (h) The contract shall designate the name of the resident's | ||||||
11 | representative, if any. The resident shall provide the facility | ||||||
12 | with a copy of the written agreement between the resident and | ||||||
13 | the resident's representative which authorizes the resident's | ||||||
14 | representative to inspect and copy the resident's records and | ||||||
15 | authorizes the resident's representative to execute the | ||||||
16 | contract on behalf of the resident required by this Section. | ||||||
17 | (i) The contract shall provide that if the resident is | ||||||
18 | compelled by a change in physical or mental health to leave the | ||||||
19 | facility, the contract and all obligations under it shall | ||||||
20 | terminate on 7 days' notice. No prior notice of termination of | ||||||
21 | the contract shall be required, however, in the case of a | ||||||
22 | resident's death. The contract shall also provide that in all | ||||||
23 | other situations, a resident may terminate the contract and all | ||||||
24 | obligations under it with 30 days' notice. All charges shall be | ||||||
25 | prorated as of the date on which the contract terminates, and, | ||||||
26 | if any payments have been made in advance, the excess shall be |
| |||||||
| |||||||
1 | refunded to the resident. This provision shall not apply to | ||||||
2 | life care contracts through which a facility agrees to provide | ||||||
3 | maintenance and care for a resident throughout the remainder of | ||||||
4 | his life nor to continuing care contracts through which a | ||||||
5 | facility agrees to supplement all available forms of financial | ||||||
6 | support in providing maintenance and care for a resident | ||||||
7 | throughout the remainder of his life. | ||||||
8 | (j) In addition to all other contract specifications | ||||||
9 | contained in this Section admission contracts shall also | ||||||
10 | specify: | ||||||
11 | (1) whether the facility accepts Medicaid clients; | ||||||
12 | (2) whether the facility requires a deposit of the
| ||||||
13 | resident or his family prior to the establishment of | ||||||
14 | Medicaid eligibility; | ||||||
15 | (3) in the event that a deposit is required, a clear
| ||||||
16 | and concise statement of the procedure to be followed for | ||||||
17 | the return of such deposit to the resident or the | ||||||
18 | appropriate family member or guardian of the person; | ||||||
19 | (4) that all deposits made to a facility by a
resident, | ||||||
20 | or on behalf of a resident, shall be returned by the | ||||||
21 | facility within 30 days of the establishment of Medicaid | ||||||
22 | eligibility, unless such deposits must be drawn upon or | ||||||
23 | encumbered in accordance with Medicaid eligibility | ||||||
24 | requirements established by the Department of Healthcare | ||||||
25 | and Family Services. | ||||||
26 | (k) It shall be a business offense for a facility to |
| |||||||
| |||||||
1 | knowingly and intentionally both retain a resident's deposit | ||||||
2 | and accept Medicaid payments on behalf of that resident. | ||||||
3 | Section 2-203. Residents' advisory council. Each facility | ||||||
4 | shall establish a residents' advisory council. The | ||||||
5 | administrator shall designate a member of the facility staff to | ||||||
6 | coordinate the establishment of, and render assistance to, the | ||||||
7 | council. | ||||||
8 | (a) The composition of the residents' advisory council | ||||||
9 | shall be specified by Department regulation, but no employee or | ||||||
10 | affiliate of a facility shall be a member of any council. | ||||||
11 | (b) The council shall meet at least once each month with | ||||||
12 | the staff coordinator who shall provide assistance to the | ||||||
13 | council in preparing and disseminating a report of each meeting | ||||||
14 | to all residents, the administrator, and the staff. | ||||||
15 | (c) Records of the council meetings will be maintained in | ||||||
16 | the office of the administrator. | ||||||
17 | (d) The residents' advisory council may communicate to the | ||||||
18 | administrator the opinions and concerns of the residents. The | ||||||
19 | council shall review procedures for implementing resident | ||||||
20 | rights, facility responsibilities and make recommendations for | ||||||
21 | changes or additions which will strengthen the facility's | ||||||
22 | policies and procedures as they affect residents' rights and | ||||||
23 | facility responsibilities. | ||||||
24 | (e) The council shall be a forum for: | ||||||
25 | (1) Obtaining and disseminating information; |
| |||||||
| |||||||
1 | (2) Soliciting and adopting recommendations for | ||||||
2 | facility programing and improvements; | ||||||
3 | (3) Early identification and for recommending orderly | ||||||
4 | resolution of problems. | ||||||
5 | (f) The council may present complaints as provided in | ||||||
6 | Section 3-702 on behalf of a resident to the Department, the | ||||||
7 | Long-Term Care Facility Advisory Board established under | ||||||
8 | Section 2-204 of the Nursing Home Care Act or to any other | ||||||
9 | person it considers appropriate.
| ||||||
10 | Section 2-204. Long-Term Care Facility Advisory Board. The | ||||||
11 | Long-Term Care Facility Advisory Board established under | ||||||
12 | Section 2-204 of the Nursing Home Care Act shall advise the | ||||||
13 | Department of Public Health on all aspects of its | ||||||
14 | responsibilities under this Act, including the format and | ||||||
15 | content of any rules promulgated by the Department of Public | ||||||
16 | Health. Any such rules, except emergency rules promulgated | ||||||
17 | pursuant to Section 5-45 of the Illinois Administrative | ||||||
18 | Procedure Act, promulgated without obtaining the advice of the | ||||||
19 | Advisory Board are null and void. In the event that the | ||||||
20 | Department fails to follow the advice of the Board, the | ||||||
21 | Department shall, prior to the promulgation of such rules, | ||||||
22 | transmit a written explanation of the reason thereof to the | ||||||
23 | Board. During its review of rules, the Board shall analyze the | ||||||
24 | economic and regulatory impact of those rules. If the Advisory | ||||||
25 | Board, having been asked for its advice, fails to advise the |
| |||||||
| |||||||
1 | Department within 90 days, the rules shall be considered acted | ||||||
2 | upon. | ||||||
3 | Section 2-205. Disclosure of information to public. The | ||||||
4 | following information is subject to disclosure to the public | ||||||
5 | from the Department or the Department of Healthcare and Family | ||||||
6 | Services: | ||||||
7 | (1) Information submitted under Sections 3-103 and | ||||||
8 | 3-207 except information concerning the remuneration of | ||||||
9 | personnel licensed, registered, or certified by the | ||||||
10 | Department of Financial and Professional Regulation (as | ||||||
11 | successor to the Department of Professional Regulation) | ||||||
12 | and monthly charges for an individual private resident; | ||||||
13 | (2) Records of license and certification inspections, | ||||||
14 | surveys, and evaluations of facilities, other reports of | ||||||
15 | inspections, surveys, and evaluations of resident care, | ||||||
16 | and reports concerning a facility prepared pursuant to | ||||||
17 | Titles XVIII and XIX of the Social Security Act, subject to | ||||||
18 | the provisions of the Social Security Act; | ||||||
19 | (3) Cost and reimbursement reports submitted by a | ||||||
20 | facility under Section 3-208, reports of audits of | ||||||
21 | facilities, and other public records concerning costs | ||||||
22 | incurred by, revenues received by, and reimbursement of | ||||||
23 | facilities; and | ||||||
24 | (4) Complaints filed against a facility and complaint | ||||||
25 | investigation reports, except that a complaint or |
| |||||||
| |||||||
1 | complaint investigation report shall not be disclosed to a | ||||||
2 | person other than the complainant or complainant's | ||||||
3 | representative before it is disclosed to a facility under | ||||||
4 | Section 3-702, and, further, except that a complainant or | ||||||
5 | resident's name shall not be disclosed except under Section | ||||||
6 | 3-702.
The Department shall disclose information under | ||||||
7 | this Section in accordance with provisions for inspection | ||||||
8 | and copying of public records required by the Freedom of | ||||||
9 | Information Act.
However, the disclosure of information | ||||||
10 | described in subsection (1) shall not be restricted by any | ||||||
11 | provision of the Freedom of Information Act.
| ||||||
12 | Section 2-206. Confidentiality of records. | ||||||
13 | (a) The Department shall respect the confidentiality of a | ||||||
14 | resident's record and shall not divulge or disclose the | ||||||
15 | contents of a record in a manner which identifies a resident, | ||||||
16 | except upon a resident's death to a relative or guardian, or | ||||||
17 | under judicial proceedings. This Section shall not be construed | ||||||
18 | to limit the right of a resident to inspect or copy the | ||||||
19 | resident's records. | ||||||
20 | (b) Confidential medical, social, personal, or financial | ||||||
21 | information identifying a resident shall not be available for | ||||||
22 | public inspection in a manner which identifies a resident.
| ||||||
23 | Section 2-207. Directories for public health regions; | ||||||
24 | information concerning facility costs and policies. |
| |||||||
| |||||||
1 | (a) Each year the Department shall publish a Directory for | ||||||
2 | each public health region listing facilities to be made | ||||||
3 | available to the public and be available at all Department | ||||||
4 | offices. The Department may charge a fee for the Directory. The | ||||||
5 | Directory shall contain, at a minimum, the following | ||||||
6 | information: | ||||||
7 | (1) The name and address of the facility; | ||||||
8 | (2) The number and type of licensed beds; | ||||||
9 | (3) The name of the cooperating hospital, if any; | ||||||
10 | (4) The name of the administrator; | ||||||
11 | (5) The facility telephone number; and | ||||||
12 | (6) Membership in a provider association and | ||||||
13 | accreditation by any such organization. | ||||||
14 | (b) Detailed information concerning basic costs for care | ||||||
15 | and operating policies shall be available to the public upon | ||||||
16 | request at each facility. However, a facility may refuse to | ||||||
17 | make available any proprietary operating policies to the extent | ||||||
18 | such facility reasonably believes such policies may be revealed | ||||||
19 | to a competitor.
| ||||||
20 | Section 2-208. Notice of imminent death. A facility shall | ||||||
21 | immediately notify the resident's next of kin, representative | ||||||
22 | and physician of the resident's death or when the resident's | ||||||
23 | death appears to be imminent. | ||||||
24 | Section 2-209. Number of residents. A facility shall admit |
| |||||||
| |||||||
1 | only that number of residents for which it is licensed. | ||||||
2 | Section 2-210. Policies and procedures. A facility shall | ||||||
3 | establish written policies and procedures to implement the | ||||||
4 | responsibilities and rights provided in this Article. The | ||||||
5 | policies shall include the procedure for the investigation and | ||||||
6 | resolution of resident complaints as set forth under Section | ||||||
7 | 3-702. The policies and procedures shall be clear and | ||||||
8 | unambiguous and shall be available for inspection by any | ||||||
9 | person. A summary of the policies and procedures, printed in | ||||||
10 | not less than 12-point type, shall be distributed to each | ||||||
11 | resident and representative. | ||||||
12 | Section 2-211. Explanation of rights. Each resident and | ||||||
13 | resident's guardian or other person acting for the resident | ||||||
14 | shall be given a written explanation, prepared by the Office of | ||||||
15 | the State Long Term Care Ombudsman, of all the rights | ||||||
16 | enumerated in Part 1 of this Article and in Part 4 of Article | ||||||
17 | III. For residents of facilities participating in Title XVIII | ||||||
18 | or XIX of the Social Security Act, the explanation shall | ||||||
19 | include an explanation of residents' rights enumerated in that | ||||||
20 | Act. The explanation shall be given at the time of admission to | ||||||
21 | a facility or as soon thereafter as the condition of the | ||||||
22 | resident permits, but in no event later than 48 hours after | ||||||
23 | admission, and again at least annually thereafter. At the time | ||||||
24 | of the implementation of this Act each resident shall be given |
| |||||||
| |||||||
1 | a written summary of all the rights enumerated in Part 1 of | ||||||
2 | this Article. | ||||||
3 | If a resident is unable to read such written explanation, | ||||||
4 | it shall be read to the resident in a language the resident | ||||||
5 | understands. In the case of a minor or a person having a | ||||||
6 | guardian or other person acting for him, both the resident and | ||||||
7 | the parent, guardian or other person acting for the resident | ||||||
8 | shall be fully informed of these rights.
| ||||||
9 | Section 2-212. Staff familiarity with rights and | ||||||
10 | responsibilities. The facility shall ensure that its staff is | ||||||
11 | familiar with and observes the rights and responsibilities | ||||||
12 | enumerated in this Article. | ||||||
13 | Section 2-213. Vaccinations. | ||||||
14 | (a) A facility shall annually administer or arrange for | ||||||
15 | administration of a vaccination against influenza to each | ||||||
16 | resident, in accordance with the recommendations of the | ||||||
17 | Advisory Committee on Immunization Practices of the Centers for | ||||||
18 | Disease Control and Prevention that are most recent to the time | ||||||
19 | of vaccination, unless the vaccination is medically | ||||||
20 | contraindicated or the resident has refused the vaccine. | ||||||
21 | Influenza vaccinations for all residents age 65 and over shall | ||||||
22 | be completed by November 30 of each year or as soon as | ||||||
23 | practicable if vaccine supplies are not available before | ||||||
24 | November 1. Residents admitted after November 30, during the |
| |||||||
| |||||||
1 | flu season, and until February 1 shall, as medically | ||||||
2 | appropriate, receive an influenza vaccination prior to or upon | ||||||
3 | admission or as soon as practicable if vaccine supplies are not | ||||||
4 | available at the time of the admission, unless the vaccine is | ||||||
5 | medically contraindicated or the resident has refused the | ||||||
6 | vaccine. In the event that the Advisory Committee on | ||||||
7 | Immunization Practices of the Centers for Disease Control and | ||||||
8 | Prevention determines that dates of administration other than | ||||||
9 | those stated in this Act are optimal to protect the health of | ||||||
10 | residents, the Department is authorized to develop rules to | ||||||
11 | mandate vaccinations at those times rather than the times | ||||||
12 | stated in this Act. A facility shall document in the resident's | ||||||
13 | medical record that an annual vaccination against influenza was | ||||||
14 | administered, arranged, refused or medically contraindicated. | ||||||
15 | (b) A facility shall administer or arrange for | ||||||
16 | administration of a pneumococcal vaccination to each resident | ||||||
17 | who is age 65 and over, in accordance with the recommendations | ||||||
18 | of the Advisory Committee on Immunization Practices of the | ||||||
19 | Centers for Disease Control and Prevention, who has not | ||||||
20 | received this immunization prior to or upon admission to the | ||||||
21 | facility, unless the resident refuses the offer for vaccination | ||||||
22 | or the vaccination is medically contraindicated. A facility | ||||||
23 | shall document in each resident's medical record that a | ||||||
24 | vaccination against pneumococcal pneumonia was offered and | ||||||
25 | administered, arranged, refused, or medically contraindicated.
|
| |||||||
| |||||||
1 | Section 2-214. Consumer Choice Information Reports. | ||||||
2 | (a) Every facility shall complete a Consumer Choice | ||||||
3 | Information Report and shall file it with the Office of State | ||||||
4 | Long Term Care Ombudsman electronically as prescribed by the | ||||||
5 | Office. The Report shall be filed annually and upon request of | ||||||
6 | the Office of State Long Term Care Ombudsman. The Consumer | ||||||
7 | Choice Information Report must be completed by the facility in | ||||||
8 | full. | ||||||
9 | (b) A violation of any of the provisions of this Section | ||||||
10 | constitutes an unlawful practice under the Consumer Fraud and | ||||||
11 | Deceptive Business Practices Act. All remedies, penalties, and | ||||||
12 | authority granted to the Attorney General by the Consumer Fraud | ||||||
13 | and Deceptive Business Practices Act shall be available to him | ||||||
14 | or her for the enforcement of this Section. | ||||||
15 | (c) The Department of Public Health shall include | ||||||
16 | verification of the submission of a facility's current Consumer | ||||||
17 | Choice Information Report when conducting an inspection | ||||||
18 | pursuant to Section 3-212. | ||||||
19 | Section 2-216. Notification of identified offenders. If | ||||||
20 | identified offenders are residents of the licensed facility, | ||||||
21 | the licensed facility shall notify every resident or resident's | ||||||
22 | guardian in writing that such offenders are residents of the | ||||||
23 | licensed facility. The licensed facility shall also provide | ||||||
24 | notice to its employees and to visitors to the facility that | ||||||
25 | identified offenders are residents. |
| |||||||
| |||||||
1 | ARTICLE III.
LICENSING, ENFORCEMENT, VIOLATIONS, PENALTIES AND | ||||||
2 | REMEDIES
| ||||||
3 | PART 1. LICENSING | ||||||
4 | Section 3-101. Licensure system. The Department shall | ||||||
5 | establish a comprehensive system of licensure for facilities in | ||||||
6 | accordance with this Act for the purposes of: | ||||||
7 | (1) Protecting the health, welfare, and safety of | ||||||
8 | residents; and | ||||||
9 | (2) Assuring the accountability for reimbursed care | ||||||
10 | provided in certified facilities participating in a | ||||||
11 | federal or State health program.
| ||||||
12 | Section 3-102. Necessity of license. No person may | ||||||
13 | establish, operate, maintain, offer or advertise a facility | ||||||
14 | within this State unless and until he obtains a valid license | ||||||
15 | therefore as hereinafter provided, which license remains | ||||||
16 | unsuspended, unrevoked and unexpired. No public official or | ||||||
17 | employee may place any person in, or recommend that any person | ||||||
18 | be placed in, or directly or indirectly cause any person to be | ||||||
19 | placed in any facility which is being operated without a valid | ||||||
20 | license. | ||||||
21 | Section 3-102.1. Denial of Department access to facility. |
| |||||||
| |||||||
1 | If the Department is denied access to a facility or any other | ||||||
2 | place which it reasonably believes is required to be licensed | ||||||
3 | as a facility under this Act, it shall request intervention of | ||||||
4 | local, county or State law enforcement agencies to seek an | ||||||
5 | appropriate court order or warrant to examine or interview the | ||||||
6 | residents of such facility. Any person or entity preventing the | ||||||
7 | Department from carrying out its duties under this Section | ||||||
8 | shall be guilty of a violation of this Act and shall be subject | ||||||
9 | to such penalties related thereto. | ||||||
10 | Section 3-103. Application for license; financial | ||||||
11 | statement. The procedure for obtaining a valid license shall be | ||||||
12 | as follows: | ||||||
13 | (1) Application to operate a facility shall be made to | ||||||
14 | the Department on forms furnished by the Department. | ||||||
15 | (2) All license applications shall be accompanied with | ||||||
16 | an application fee. The fee for an annual license shall be | ||||||
17 | $995. Facilities that pay a fee or assessment pursuant to | ||||||
18 | Article V-C of the Illinois Public Aid Code shall be exempt | ||||||
19 | from the license fee imposed under this item (2). The fee | ||||||
20 | for a 2-year license shall be double the fee for the annual | ||||||
21 | license set forth in the preceding sentence. The fees | ||||||
22 | collected shall be deposited with the State Treasurer into | ||||||
23 | the Long Term Care Monitor/Receiver Fund, which has been | ||||||
24 | created as a special fund in the State treasury. This | ||||||
25 | special fund is to be used by the Department for expenses |
| |||||||
| |||||||
1 | related to the appointment of monitors and receivers as | ||||||
2 | contained in Sections 3-501 through 3-517. At the end of | ||||||
3 | each fiscal year, any funds in excess of $1,000,000 held in | ||||||
4 | the Long Term Care Monitor/Receiver Fund shall be deposited | ||||||
5 | in the State's General Revenue Fund. The application shall | ||||||
6 | be under oath and the submission of false or misleading | ||||||
7 | information shall be a Class A misdemeanor. The application | ||||||
8 | shall contain the following information: | ||||||
9 | (a) The name and address of the applicant if an
| ||||||
10 | individual, and if a firm, partnership, or | ||||||
11 | association, of every member thereof, and in the case | ||||||
12 | of a corporation, the name and address thereof and of | ||||||
13 | its officers and its registered agent, and in the case | ||||||
14 | of a unit of local government, the name and address of | ||||||
15 | its chief executive officer; | ||||||
16 | (b) The name and location of the facility for which
| ||||||
17 | a license is sought; | ||||||
18 | (c) The name of the person or persons under whose
| ||||||
19 | management or supervision the facility will be | ||||||
20 | conducted; | ||||||
21 | (d) The number and type of residents for which
| ||||||
22 | maintenance, personal care, or nursing is to be | ||||||
23 | provided; and | ||||||
24 | (e) Such information relating to the number,
| ||||||
25 | experience, and training of the employees of the | ||||||
26 | facility, any management agreements for the operation |
| |||||||
| |||||||
1 | of the facility, and of the moral character of the | ||||||
2 | applicant and employees as the Department may deem | ||||||
3 | necessary. | ||||||
4 | (3) Each initial application shall be accompanied by a | ||||||
5 | financial statement setting forth the financial condition | ||||||
6 | of the applicant and by a statement from the unit of local | ||||||
7 | government having zoning jurisdiction over the facility's | ||||||
8 | location stating that the location of the facility is not | ||||||
9 | in violation of a zoning ordinance. An initial application | ||||||
10 | for a new facility shall be accompanied by a permit as | ||||||
11 | required by the Illinois Health Facilities Planning Act. | ||||||
12 | After the application is approved, the applicant shall | ||||||
13 | advise the Department every 6 months of any changes in the | ||||||
14 | information originally provided in the application. | ||||||
15 | (4) Other information necessary to determine the | ||||||
16 | identity and qualifications of an applicant to operate a | ||||||
17 | facility in accordance with this Act shall be included in | ||||||
18 | the application as required by the Department in | ||||||
19 | regulations. | ||||||
20 | Section 3-104. Licensing and regulation by municipality. | ||||||
21 | Any city, village or incorporated town may by ordinance provide | ||||||
22 | for the licensing and regulation of a facility or any | ||||||
23 | classification of such facility, as defined herein, within such | ||||||
24 | municipality, provided that the ordinance requires compliance | ||||||
25 | with at least the minimum requirements established by the |
| |||||||
| |||||||
1 | Department under this Act. The licensing and enforcement | ||||||
2 | provisions of the municipality shall fully comply with this | ||||||
3 | Act, and the municipality shall make available information as | ||||||
4 | required by this Act. Such compliance shall be determined by | ||||||
5 | the Department subject to review as provided in Section 3-703. | ||||||
6 | Section 3-703 shall also be applicable to the judicial review | ||||||
7 | of final administrative decisions of the municipality under | ||||||
8 | this Act. | ||||||
9 | Section 3-105. Reports by municipality. Any city, village | ||||||
10 | or incorporated town which has or may have ordinances requiring | ||||||
11 | the licensing and regulation of facilities with at least the | ||||||
12 | minimum standards established by the Department under this Act, | ||||||
13 | shall make such periodic reports to the Department as the | ||||||
14 | Department deems necessary. This report shall include a list of | ||||||
15 | those facilities licensed by such municipality, the number of | ||||||
16 | beds of each facility and the date the license of each facility | ||||||
17 | is effective. | ||||||
18 | Section 3-106. Issuance of license to holder of municipal | ||||||
19 | license. | ||||||
20 | (a) Upon receipt of notice and proof from an applicant or | ||||||
21 | licensee that he has received a license or renewal thereof from | ||||||
22 | a city, village or incorporated town, accompanied by the | ||||||
23 | required license or renewal fees, the Department shall issue a | ||||||
24 | license or renewal license to such person. The Department shall |
| |||||||
| |||||||
1 | not issue a license hereunder to any person who has failed to | ||||||
2 | qualify for a municipal license. If the issuance of a license | ||||||
3 | by the Department antedates regulatory action by a | ||||||
4 | municipality, the municipality shall issue a local license | ||||||
5 | unless the standards and requirements under its ordinance or | ||||||
6 | resolution are greater than those prescribed under this Act. | ||||||
7 | (b) In the event that the standards and requirements under | ||||||
8 | the ordinance or resolution of the municipality are greater | ||||||
9 | than those prescribed under this Act, the license issued by the | ||||||
10 | Department shall remain in effect pending reasonable | ||||||
11 | opportunity provided by the municipality, which shall be not | ||||||
12 | less than 60 days, for the licensee to comply with the local | ||||||
13 | requirements. Upon notice by the municipality, or upon the | ||||||
14 | Department's own determination that the licensee has failed to | ||||||
15 | qualify for a local license, the Department shall revoke such | ||||||
16 | license.
| ||||||
17 | Section 3-107. Inspection; fees. The Department and the | ||||||
18 | city, village or incorporated town shall have the right at any | ||||||
19 | time to visit and inspect the premises and personnel of any | ||||||
20 | facility for the purpose of determining whether the applicant | ||||||
21 | or licensee is in compliance with this Act or with the local | ||||||
22 | ordinances which govern the regulation of the facility. The | ||||||
23 | Department may survey any former facility which once held a | ||||||
24 | license to ensure that the facility is not again operating | ||||||
25 | without a license. Municipalities may charge a reasonable |
| |||||||
| |||||||
1 | license or renewal fee for the regulation of facilities, which | ||||||
2 | fees shall be in addition to the fees paid to the Department. | ||||||
3 | Section 3-107.1. Access by law enforcement officials and | ||||||
4 | agencies. Notwithstanding any other provision of this Act, the | ||||||
5 | Attorney General, the State's Attorneys and various law | ||||||
6 | enforcement agencies of this State and its political | ||||||
7 | subdivisions shall have full and open access to any facility | ||||||
8 | pursuant to Article 108 of the Code of Criminal Procedure of | ||||||
9 | 1963 in the exercise of their investigatory and prosecutorial | ||||||
10 | powers in the enforcement of the criminal laws of this State. | ||||||
11 | Furthermore, the Attorney General, the State's Attorneys and | ||||||
12 | law enforcement agencies of this State shall inform the | ||||||
13 | Department of any violations of this Act of which they have | ||||||
14 | knowledge. Disclosure of matters before a grand jury shall be | ||||||
15 | made in accordance with Section 112-6 of the Code of Criminal | ||||||
16 | Procedure of 1963. | ||||||
17 | Section 3-108. Cooperation with State agencies. The | ||||||
18 | Department shall coordinate the functions within State | ||||||
19 | government affecting facilities licensed under this Act and | ||||||
20 | shall cooperate with other State agencies which establish | ||||||
21 | standards or requirements for facilities to assure necessary, | ||||||
22 | equitable, and consistent State supervision of licensees | ||||||
23 | without unnecessary duplication of survey, evaluation, and | ||||||
24 | consultation services or complaint investigations. The |
| |||||||
| |||||||
1 | Department shall cooperate with the Department of Human | ||||||
2 | Services in regard to facilities containing more than 20% of | ||||||
3 | residents for whom the Department of Human Services has | ||||||
4 | mandated follow up responsibilities under the Mental Health and | ||||||
5 | Developmental Disabilities Administrative Act.
The Department | ||||||
6 | shall cooperate with the Department of Healthcare and Family | ||||||
7 | Services in regard to facilities where recipients of public aid | ||||||
8 | are residents.
The Department shall immediately refer to the | ||||||
9 | Department of Financial and Professional Regulation (as | ||||||
10 | successor to the Department of Professional Regulation) for | ||||||
11 | investigation any credible evidence of which it has knowledge | ||||||
12 | that an individual licensed by that Department has violated | ||||||
13 | this Act or any rule issued under this Act.
The Department | ||||||
14 | shall enter into agreements with other State Departments, | ||||||
15 | agencies or commissions to effectuate the purpose of this | ||||||
16 | Section.
| ||||||
17 | Section 3-109. Issuance of license based on Director's | ||||||
18 | findings. Upon receipt and review of an application for a | ||||||
19 | license made under this Article and inspection of the applicant | ||||||
20 | facility under this Article, the Director shall issue a license | ||||||
21 | if he finds: | ||||||
22 | (1) That the individual applicant, or the corporation, | ||||||
23 | partnership or other entity if the applicant is not an | ||||||
24 | individual, is a person responsible and suitable to operate | ||||||
25 | or to direct or participate in the operation of a facility |
| |||||||
| |||||||
1 | by virtue of financial capacity, appropriate business or | ||||||
2 | professional experience, a record of compliance with | ||||||
3 | lawful orders of the Department and lack of revocation of a | ||||||
4 | license during the previous 5 years; | ||||||
5 | (2) That the facility is under the supervision of an | ||||||
6 | administrator who is licensed, if required, under the | ||||||
7 | Nursing Home Administrators Licensing and Disciplinary | ||||||
8 | Act, as now or hereafter amended; and | ||||||
9 | (3) That the facility is in substantial compliance with | ||||||
10 | this Act, and such other requirements for a license as the | ||||||
11 | Department by rule may establish under this Act.
| ||||||
12 | Section 3-110. Contents and period of license.
| ||||||
13 | (a) Any license granted by the Director shall state the | ||||||
14 | maximum bed capacity for which it is granted, the date the | ||||||
15 | license was issued, and the expiration date. Except as provided | ||||||
16 | in subsection (b), such licenses shall normally be issued for a | ||||||
17 | period of one year. However, the Director may issue licenses or | ||||||
18 | renewals for periods of not less than 6 months nor more than 18 | ||||||
19 | months for facilities with annual licenses and not less than 18 | ||||||
20 | months nor more than 30 months for facilities with 2-year | ||||||
21 | licenses in order to distribute the expiration dates of such | ||||||
22 | licenses throughout the calendar year, and fees for such | ||||||
23 | licenses shall be prorated on the basis of the portion of a | ||||||
24 | year for which they are issued. Each license shall be issued | ||||||
25 | only for the premises and persons named in the application and |
| |||||||
| |||||||
1 | shall not be transferable or assignable. | ||||||
2 | The Department shall require the licensee to comply with | ||||||
3 | the requirements of a court order issued under Section 3-515, | ||||||
4 | as a condition of licensing. | ||||||
5 | (b) A license for a period of 2 years shall be issued to a | ||||||
6 | facility if the facility: | ||||||
7 | (1) has not received a Type "A" violation within the
| ||||||
8 | last 24 months; | ||||||
9 | (2) has not received a Type "B" violation within the
| ||||||
10 | last 24 months; | ||||||
11 | (3) has not had an inspection, survey, or evaluation
| ||||||
12 | that resulted in the issuance of 10 or more administrative | ||||||
13 | warnings in the last 24 months; | ||||||
14 | (4) has not had an inspection, survey, or evaluation
| ||||||
15 | that resulted in an administrative warning issued for a | ||||||
16 | violation of Sections 3-401 through 3-413 in the last 24 | ||||||
17 | months; | ||||||
18 | (5) has not been issued an order to reimburse a
| ||||||
19 | resident for a violation of Article II under subsection (6) | ||||||
20 | of Section 3-305 in the last 24 months; and | ||||||
21 | (6) has not been subject to sanctions or
| ||||||
22 | decertification for violations in relation to patient care | ||||||
23 | of a facility under Titles XVIII and XIX of the federal | ||||||
24 | Social Security Act within the last 24 months. | ||||||
25 | If a facility with a 2-year license fails to meet the | ||||||
26 | conditions in items (1) through (6) of this subsection, in |
| |||||||
| |||||||
1 | addition to any other sanctions that may be applied by the | ||||||
2 | Department under this Act, the facility's 2-year license shall | ||||||
3 | be replaced by a one year license until such time as the | ||||||
4 | facility again meets the conditions in items (1) through (6) of | ||||||
5 | this subsection.
| ||||||
6 | Section 3-111. Issuance or renewal of license after notice | ||||||
7 | of violation. The issuance or renewal of a license after notice | ||||||
8 | of a violation has been sent shall not constitute a waiver by | ||||||
9 | the Department of its power to rely on the violation as the | ||||||
10 | basis for subsequent license revocation or other enforcement | ||||||
11 | action under this Act arising out of the notice of violation. | ||||||
12 | Section 3-112. Transfer of ownership; license. | ||||||
13 | (a) Whenever ownership of a facility is transferred from | ||||||
14 | the person named in the license to any other person, the | ||||||
15 | transferee must obtain a new probationary license. The | ||||||
16 | transferee shall notify the Department of the transfer and | ||||||
17 | apply for a new license at least 30 days prior to final | ||||||
18 | transfer. | ||||||
19 | (b) The transferor shall notify the Department at least 30 | ||||||
20 | days prior to final transfer. The transferor shall remain | ||||||
21 | responsible for the operation of the facility until such time | ||||||
22 | as a license is issued to the transferee. | ||||||
23 | Section 3-113. Transferee; conditional license. The |
| |||||||
| |||||||
1 | license granted to the transferee shall be subject to the plan | ||||||
2 | of correction submitted by the previous owner and approved by | ||||||
3 | the Department and any conditions contained in a conditional | ||||||
4 | license issued to the previous owner. If there are outstanding | ||||||
5 | violations and no approved plan of correction has been | ||||||
6 | implemented, the Department may issue a conditional license and | ||||||
7 | plan of correction as provided in Sections 3-311 through 3-317. | ||||||
8 | Section 3-114. Transferor liable for penalties. The | ||||||
9 | transferor shall remain liable for all penalties assessed | ||||||
10 | against the facility which are imposed for violations occurring | ||||||
11 | prior to transfer of ownership. | ||||||
12 | Section 3-115. License renewal application. At least 120 | ||||||
13 | days but not more than 150 days prior to license expiration, | ||||||
14 | the licensee shall submit an application for renewal of the | ||||||
15 | license in such form and containing such information as the | ||||||
16 | Department requires. If the application is approved, the | ||||||
17 | license shall be renewed in accordance with Section 3-110. The | ||||||
18 | renewal application for a facility shall not be approved unless | ||||||
19 | the applicant has provided to the Department an accurate | ||||||
20 | disclosure document in accordance with the Alzheimer's Special | ||||||
21 | Care Disclosure Act. If application for renewal is not timely | ||||||
22 | filed, the Department shall so inform the licensee. | ||||||
23 | Section 3-116. Probationary license. If the applicant has |
| |||||||
| |||||||
1 | not been previously licensed or if the facility is not in | ||||||
2 | operation at the time application is made, the Department shall | ||||||
3 | issue only a probationary license. A probationary license shall | ||||||
4 | be valid for 120 days unless sooner suspended or revoked under | ||||||
5 | Section 3-119. Within 30 days prior to the termination of a | ||||||
6 | probationary license, the Department shall fully and | ||||||
7 | completely inspect the facility and, if the facility meets the | ||||||
8 | applicable requirements for licensure, shall issue a license | ||||||
9 | under Section 3-109. If the Department finds that the facility | ||||||
10 | does not meet the requirements for licensure but has made | ||||||
11 | substantial progress toward meeting those requirements, the | ||||||
12 | license may be renewed once for a period not to exceed 120 days | ||||||
13 | from the expiration date of the initial probationary license. | ||||||
14 | Section 3-117. Denial of license; grounds. An application | ||||||
15 | for a license may be denied for any of the following reasons: | ||||||
16 | (1) Failure to meet any of the minimum standards set | ||||||
17 | forth by this Act or by rules and regulations promulgated | ||||||
18 | by the Department under this Act. | ||||||
19 | (2) Conviction of the applicant, or if the applicant is | ||||||
20 | a firm, partnership or association, of any of its members, | ||||||
21 | or if a corporation, the conviction of the corporation or | ||||||
22 | any of its officers or stockholders, or of the person | ||||||
23 | designated to manage or supervise the facility, of a | ||||||
24 | felony, or of 2 or more misdemeanors involving moral | ||||||
25 | turpitude, during the previous 5 years as shown by a |
| |||||||
| |||||||
1 | certified copy of the record of the court of conviction. | ||||||
2 | (3) Personnel insufficient in number or unqualified by | ||||||
3 | training or experience to properly care for the proposed | ||||||
4 | number and type of residents. | ||||||
5 | (4) Insufficient financial or other resources to | ||||||
6 | operate and conduct the facility in accordance with | ||||||
7 | standards promulgated by the Department under this Act. | ||||||
8 | (5) Revocation of a facility license during the | ||||||
9 | previous 5 years, if such prior license was issued to the | ||||||
10 | individual applicant, a controlling owner or controlling | ||||||
11 | combination of owners of the applicant; or any affiliate of | ||||||
12 | the individual applicant or controlling owner of the | ||||||
13 | applicant and such individual applicant, controlling owner | ||||||
14 | of the applicant or affiliate of the applicant was a | ||||||
15 | controlling owner of the prior license; provided, however, | ||||||
16 | that the denial of an application for a license pursuant to | ||||||
17 | this subsection must be supported by evidence that such | ||||||
18 | prior revocation renders the applicant unqualified or | ||||||
19 | incapable of meeting or maintaining a facility in | ||||||
20 | accordance with the standards and rules promulgated by the | ||||||
21 | Department under this Act. | ||||||
22 | (6) That the facility is not under the direct | ||||||
23 | supervision of a full time administrator, as defined by | ||||||
24 | regulation, who is licensed, if required, under the Nursing | ||||||
25 | Home Administrators Licensing and Disciplinary Act.
|
| |||||||
| |||||||
1 | Section 3-118. Notice of denial; request for hearing. | ||||||
2 | Immediately upon the denial of any application or reapplication | ||||||
3 | for a license under this Article, the Department shall notify | ||||||
4 | the applicant in writing. Notice of denial shall include a | ||||||
5 | clear and concise statement of the violations of Section 3-117 | ||||||
6 | on which denial is based and notice of the opportunity for a | ||||||
7 | hearing under Section 3-703. If the applicant desires to | ||||||
8 | contest the denial of a license, it shall provide written | ||||||
9 | notice to the Department of a request for a hearing within 10 | ||||||
10 | days after receipt of the notice of denial. The Department | ||||||
11 | shall commence the hearing under Section 3-703. | ||||||
12 | Section 3-119. Suspension, revocation, or refusal to renew | ||||||
13 | license. | ||||||
14 | (a) The Department, after notice to the applicant or | ||||||
15 | licensee, may suspend, revoke or refuse to renew a license in | ||||||
16 | any case in which the Department finds any of the following: | ||||||
17 | (1) There has been a substantial failure to comply with | ||||||
18 | this Act or the rules and regulations promulgated by the | ||||||
19 | Department under this Act. | ||||||
20 | (2) Conviction of the licensee, or of the person | ||||||
21 | designated to manage or supervise the facility, of a | ||||||
22 | felony, or of 2 or more misdemeanors involving moral | ||||||
23 | turpitude, during the previous 5 years as shown by a | ||||||
24 | certified copy of the record of the court of conviction. | ||||||
25 | (3) Personnel is insufficient in number or unqualified |
| |||||||
| |||||||
1 | by training or experience to properly care for the number | ||||||
2 | and type of residents served by the facility. | ||||||
3 | (4) Financial or other resources are insufficient to | ||||||
4 | conduct and operate the facility in accordance with | ||||||
5 | standards promulgated by the Department under this Act. | ||||||
6 | (5) The facility is not under the direct supervision of | ||||||
7 | a full time administrator, as defined by regulation, who is | ||||||
8 | licensed, if required, under the Nursing Home | ||||||
9 | Administrators Licensing and Disciplinary Act. | ||||||
10 | (b) Notice under this Section shall include a clear and | ||||||
11 | concise statement of the violations on which the nonrenewal or | ||||||
12 | revocation is based, the statute or rule violated and notice of | ||||||
13 | the opportunity for a hearing under Section 3-703. | ||||||
14 | (c) If a facility desires to contest the nonrenewal or | ||||||
15 | revocation of a license, the facility shall, within 10 days | ||||||
16 | after receipt of notice under subsection (b) of this Section, | ||||||
17 | notify the Department in writing of its request for a hearing | ||||||
18 | under Section 3-703. Upon receipt of the request the Department | ||||||
19 | shall send notice to the facility and hold a hearing as | ||||||
20 | provided under Section 3-703. | ||||||
21 | (d) The effective date of nonrenewal or revocation of a | ||||||
22 | license by the Department shall be any of the following: | ||||||
23 | (1) Until otherwise ordered by the circuit court, | ||||||
24 | revocation is effective on the date set by the Department | ||||||
25 | in the notice of revocation, or upon final action after | ||||||
26 | hearing under Section 3-703, whichever is later. |
| |||||||
| |||||||
1 | (2) Until otherwise ordered by the circuit court, | ||||||
2 | nonrenewal is effective on the date of expiration of any | ||||||
3 | existing license, or upon final action after hearing under | ||||||
4 | Section 3-703, whichever is later; however, a license shall | ||||||
5 | not be deemed to have expired if the Department fails to | ||||||
6 | timely respond to a timely request for renewal under this | ||||||
7 | Act or for a hearing to contest nonrenewal under paragraph | ||||||
8 | (c). | ||||||
9 | (3) The Department may extend the effective date of | ||||||
10 | license revocation or expiration in any case in order to | ||||||
11 | permit orderly removal and relocation of residents.
| ||||||
12 | The Department may refuse to issue or may suspend the | ||||||
13 | license of any person who fails to file a return, or to pay the | ||||||
14 | tax, penalty or interest shown in a filed return, or to pay any | ||||||
15 | final assessment of tax, penalty or interest, as required by | ||||||
16 | any tax Act administered by the Illinois Department of Revenue, | ||||||
17 | until such time as the requirements of any such tax Act are | ||||||
18 | satisfied.
| ||||||
19 | PART 2. GENERAL PROVISIONS | ||||||
20 | Section 3-201. Medical treatment; no prescription by | ||||||
21 | Department. The Department shall not prescribe the course of | ||||||
22 | medical treatment provided to an individual resident by the | ||||||
23 | resident's physician in a facility. |
| |||||||
| |||||||
1 | Section 3-202. Standards for facilities. The Department | ||||||
2 | shall prescribe minimum standards for facilities. These | ||||||
3 | standards shall regulate: | ||||||
4 | (1) Location and construction of the facility, | ||||||
5 | including plumbing, heating, lighting, ventilation, and | ||||||
6 | other physical conditions which shall ensure the health, | ||||||
7 | safety, and comfort of residents and their protection from | ||||||
8 | fire hazard; | ||||||
9 | (2) Number and qualifications of all personnel, | ||||||
10 | including management and nursing personnel, having | ||||||
11 | responsibility for any part of the care given to residents; | ||||||
12 | specifically, the Department shall establish staffing | ||||||
13 | ratios for facilities which shall specify the number of | ||||||
14 | staff hours per resident of care that are needed for | ||||||
15 | professional nursing care for various types of facilities | ||||||
16 | or areas within facilities; | ||||||
17 | (3) All sanitary conditions within the facility and its | ||||||
18 | surroundings, including water supply, sewage disposal, | ||||||
19 | food handling, and general hygiene, which shall ensure the | ||||||
20 | health and comfort of residents; | ||||||
21 | (4) Diet related to the needs of each resident based on | ||||||
22 | good nutritional practice and on recommendations which may | ||||||
23 | be made by the physicians attending the resident; | ||||||
24 | (5) Equipment essential to the health and welfare of | ||||||
25 | the residents; | ||||||
26 | (6) A program of habilitation and rehabilitation for |
| |||||||
| |||||||
1 | those residents who would benefit from such programs; | ||||||
2 | (7) A program for adequate maintenance of physical | ||||||
3 | plant and equipment; | ||||||
4 | (8) Adequate accommodations, staff and services for | ||||||
5 | the number and types of residents for whom the facility is | ||||||
6 | licensed to care, including standards for temperature and | ||||||
7 | relative humidity within comfort zones determined by the | ||||||
8 | Department based upon a combination of air temperature, | ||||||
9 | relative humidity and air movement. Such standards shall | ||||||
10 | also require facility plans that provide for health and | ||||||
11 | comfort of residents at medical risk as determined by the | ||||||
12 | attending physician whenever the temperature and relative | ||||||
13 | humidity are outside such comfort zones established by the | ||||||
14 | Department. The standards must include a requirement that | ||||||
15 | areas of a facility used by residents of the facility be | ||||||
16 | air-conditioned and heated by means of operable | ||||||
17 | air-conditioning and heating equipment. The areas subject | ||||||
18 | to this air-conditioning and heating requirement include, | ||||||
19 | without limitation, bedrooms or common areas such as | ||||||
20 | sitting rooms, activity rooms, living rooms, community | ||||||
21 | rooms, and dining rooms. | ||||||
22 | (9) Development of evacuation and other appropriate | ||||||
23 | safety plans for use during weather, health, fire, physical | ||||||
24 | plant, environmental and national defense emergencies; and | ||||||
25 | (10) Maintenance of minimum financial or other | ||||||
26 | resources necessary to meet the standards established |
| |||||||
| |||||||
1 | under this Section, and to operate and conduct the facility | ||||||
2 | in accordance with this Act.
| ||||||
3 | Section 3-202.1. Weather or hazard alert system. The | ||||||
4 | Department shall develop and implement a system of alerting and | ||||||
5 | educating facilities and their personnel as to the existence or | ||||||
6 | possibility of weather or other hazardous circumstances which | ||||||
7 | may endanger resident health or safety and designating any | ||||||
8 | precautions to prevent or minimize such danger. The Department | ||||||
9 | may assist any facility experiencing difficulty in dealing with | ||||||
10 | such emergencies. The Department may provide for announcement | ||||||
11 | to the public of the dangers posed to facility residents by | ||||||
12 | such existing or potential weather or hazardous circumstances. | ||||||
13 | Section 3-202.3. Identified offenders as residents. No | ||||||
14 | later than 30 days after July 11, 2005 (the effective date of | ||||||
15 | Public Act 94-163), the Department shall file with the Illinois | ||||||
16 | Secretary of State's Office, pursuant to the Illinois | ||||||
17 | Administrative Procedure Act, emergency rules regarding the | ||||||
18 | provision of services to identified offenders. The emergency | ||||||
19 | rules shall provide for, or include, but not be limited to the | ||||||
20 | following: | ||||||
21 | (1) A process for the identification of identified
| ||||||
22 | offenders. | ||||||
23 | (2) A required risk assessment of identified
| ||||||
24 | offenders. |
| |||||||
| |||||||
1 | (3) A requirement that a licensed facility be
required, | ||||||
2 | within 10 days of the filing of the emergency rules, to | ||||||
3 | compare its residents against the Illinois Department of | ||||||
4 | Corrections and Illinois State Police registered sex | ||||||
5 | offender databases. | ||||||
6 | (4) A requirement that the licensed facility notify
the | ||||||
7 | Department within 48 hours of determining that a resident | ||||||
8 | or residents of the licensed facility are listed on the | ||||||
9 | Illinois Department of Corrections or Illinois State | ||||||
10 | Police registered sex offender databases. | ||||||
11 | (5) The care planning of identified offenders, which
| ||||||
12 | shall include, but not be limited to, a description of the | ||||||
13 | security measures necessary to protect facility residents | ||||||
14 | from the identified offender, including whether the | ||||||
15 | identified offender should be segregated from other | ||||||
16 | facility residents. | ||||||
17 | (6) For offenders serving terms of probation for
felony | ||||||
18 | offenses, parole, or mandatory supervised release, the | ||||||
19 | facility shall acknowledge the terms of release as imposed | ||||||
20 | by the court or Illinois Prisoner Review Board. | ||||||
21 | (7) The discharge planning for identified offenders. | ||||||
22 | Section 3-202.4. Feasibility of segregating identified | ||||||
23 | offenders. The Department shall determine the feasibility of | ||||||
24 | requiring identified offenders that seek admission to a | ||||||
25 | licensed facility to be segregated from other residents. |
| |||||||
| |||||||
1 | Section 3-202.5. Facility plan review; fees. | ||||||
2 | (a) Before commencing construction of a new facility or | ||||||
3 | specified types of alteration or additions to an existing long | ||||||
4 | term care facility involving major construction, as defined by | ||||||
5 | rule by the Department, with an estimated cost greater than | ||||||
6 | $100,000, architectural drawings and specifications for the | ||||||
7 | facility shall be submitted to the Department for review and | ||||||
8 | approval. A facility may submit architectural drawings and | ||||||
9 | specifications for other construction projects for Department | ||||||
10 | review according to subsection (b) that shall not be subject to | ||||||
11 | fees under subsection (d). Review of drawings and | ||||||
12 | specifications shall be conducted by an employee of the | ||||||
13 | Department meeting the qualifications established by the | ||||||
14 | Department of Central Management Services class specifications | ||||||
15 | for such an individual's position or by a person contracting | ||||||
16 | with the Department who meets those class specifications. Final | ||||||
17 | approval of the drawings and specifications for compliance with | ||||||
18 | design and construction standards shall be obtained from the | ||||||
19 | Department before the alteration, addition, or new | ||||||
20 | construction is begun. | ||||||
21 | (b) The Department shall inform an applicant in writing | ||||||
22 | within 10 working days after receiving drawings and | ||||||
23 | specifications and the required fee, if any, from the applicant | ||||||
24 | whether the applicant's submission is complete or incomplete. | ||||||
25 | Failure to provide the applicant with this notice within 10 |
| |||||||
| |||||||
1 | working days shall result in the submission being deemed | ||||||
2 | complete for purposes of initiating the 60 day review period | ||||||
3 | under this Section. If the submission is incomplete, the | ||||||
4 | Department shall inform the applicant of the deficiencies with | ||||||
5 | the submission in writing. If the submission is complete the | ||||||
6 | required fee, if any, has been paid, the Department shall | ||||||
7 | approve or disapprove drawings and specifications submitted to | ||||||
8 | the Department no later than 60 days following receipt by the | ||||||
9 | Department. The drawings and specifications shall be of | ||||||
10 | sufficient detail, as provided by Department rule, to enable | ||||||
11 | the Department to render a determination of compliance with | ||||||
12 | design and construction standards under this Act. If the | ||||||
13 | Department finds that the drawings are not of sufficient detail | ||||||
14 | for it to render a determination of compliance, the plans shall | ||||||
15 | be determined to be incomplete and shall not be considered for | ||||||
16 | purposes of initiating the 60 day review period. If a | ||||||
17 | submission of drawings and specifications is incomplete, the | ||||||
18 | applicant may submit additional information. The 60 day review | ||||||
19 | period shall not commence until the Department determines that | ||||||
20 | a submission of drawings and specifications is complete or the | ||||||
21 | submission is deemed complete. If the Department has not | ||||||
22 | approved or disapproved the drawings and specifications within | ||||||
23 | 60 days, the construction, major alteration, or addition shall | ||||||
24 | be deemed approved. If the drawings and specifications are | ||||||
25 | disapproved, the Department shall state in writing, with | ||||||
26 | specificity, the reasons for the disapproval. The entity |
| |||||||
| |||||||
1 | submitting the drawings and specifications may submit | ||||||
2 | additional information in response to the written comments from | ||||||
3 | the Department or request a reconsideration of the disapproval. | ||||||
4 | A final decision of approval or disapproval shall be made | ||||||
5 | within 45 days of the receipt of the additional information or | ||||||
6 | reconsideration request. If denied, the Department shall state | ||||||
7 | the specific reasons for the denial. | ||||||
8 | (c) The Department shall provide written approval for | ||||||
9 | occupancy pursuant to subsection (g) and shall not issue a | ||||||
10 | violation to a facility as a result of a licensure or complaint | ||||||
11 | survey based upon the facility's physical structure if: | ||||||
12 | (1) the Department reviewed and approved or deemed
| ||||||
13 | approved the drawings and specifications for compliance | ||||||
14 | with design and construction standards; | ||||||
15 | (2) the construction, major alteration, or addition
| ||||||
16 | was built as submitted; | ||||||
17 | (3) the law or rules have not been amended since the
| ||||||
18 | original approval; and | ||||||
19 | (4) the conditions at the facility indicate that
there | ||||||
20 | is a reasonable degree of safety provided for the | ||||||
21 | residents. | ||||||
22 | (d) The Department shall charge the following fees in | ||||||
23 | connection with its reviews conducted before June 30, 2004 | ||||||
24 | under this Section: | ||||||
25 | (1) (Blank). | ||||||
26 | (2) (Blank). |
| |||||||
| |||||||
1 | (3) If the estimated dollar value of the alteration,
| ||||||
2 | addition, or new construction is $100,000 or more but less | ||||||
3 | than $500,000, the fee shall be the greater of $2,400 or | ||||||
4 | 1.2% of that value. | ||||||
5 | (4) If the estimated dollar value of the alteration,
| ||||||
6 | addition, or new construction is $500,000 or more but less | ||||||
7 | than $1,000,000, the fee shall be the greater of $6,000 or | ||||||
8 | 0.96% of that value. | ||||||
9 | (5) If the estimated dollar value of the alteration,
| ||||||
10 | addition, or new construction is $1,000,000 or more but | ||||||
11 | less than $5,000,000, the fee shall be the greater of | ||||||
12 | $9,600 or 0.22% of that value. | ||||||
13 | (6) If the estimated dollar value of the alteration,
| ||||||
14 | addition, or new construction is $5,000,000 or more, the | ||||||
15 | fee shall be the greater of $11,000 or 0.11% of that value, | ||||||
16 | but shall not exceed $40,000.
The fees provided in this | ||||||
17 | subsection (d) shall not apply to major construction | ||||||
18 | projects involving facility changes that are required by | ||||||
19 | Department rule amendments.
The fees provided in this | ||||||
20 | subsection (d) shall also not apply to major construction | ||||||
21 | projects if 51% or more of the estimated cost of the | ||||||
22 | project is attributed to capital equipment. For major | ||||||
23 | construction projects where 51% or more of the estimated | ||||||
24 | cost of the project is attributed to capital equipment, the | ||||||
25 | Department shall by rule establish a fee that is reasonably | ||||||
26 | related to the cost of reviewing the project.
The |
| |||||||
| |||||||
1 | Department shall not commence the facility plan review | ||||||
2 | process under this Section until the applicable fee has | ||||||
3 | been paid. | ||||||
4 | (e) All fees received by the Department under this Section | ||||||
5 | shall be deposited into the Health Facility Plan Review Fund, a | ||||||
6 | special fund created in the State Treasury. All fees paid by | ||||||
7 | long term care facilities under subsection (d) shall be used | ||||||
8 | only to cover the costs relating to the Department's review of | ||||||
9 | long term care facility projects under this Section. Moneys | ||||||
10 | shall be appropriated from that Fund to the Department only to | ||||||
11 | pay the costs of conducting reviews under this Section or under | ||||||
12 | Section 3-202.5 of the Nursing Home Care Act. None of the | ||||||
13 | moneys in the Health Facility Plan Review Fund shall be used to | ||||||
14 | reduce the amount of General Revenue Fund moneys appropriated | ||||||
15 | to the Department for facility plan reviews conducted pursuant | ||||||
16 | to this Section. | ||||||
17 | (f) (Blank). | ||||||
18 | (g) The Department shall conduct an on site inspection of | ||||||
19 | the completed project no later than 30 days after notification | ||||||
20 | from the applicant that the project has been completed and all | ||||||
21 | certifications required by the Department have been received | ||||||
22 | and accepted by the Department. The Department shall provide | ||||||
23 | written approval for occupancy to the applicant within 5 | ||||||
24 | working days of the Department's final inspection, provided the | ||||||
25 | applicant has demonstrated substantial compliance as defined | ||||||
26 | by Department rule. Occupancy of new major construction is |
| |||||||
| |||||||
1 | prohibited until Department approval is received, unless the | ||||||
2 | Department has not acted within the time frames provided in | ||||||
3 | this subsection (g), in which case the construction shall be | ||||||
4 | deemed approved. Occupancy shall be authorized after any | ||||||
5 | required health inspection by the Department has been | ||||||
6 | conducted. | ||||||
7 | (h) The Department shall establish, by rule, a procedure to | ||||||
8 | conduct interim on site review of large or complex construction | ||||||
9 | projects. | ||||||
10 | (i) The Department shall establish, by rule, an expedited | ||||||
11 | process for emergency repairs or replacement of like equipment. | ||||||
12 | (j) Nothing in this Section shall be construed to apply to | ||||||
13 | maintenance, upkeep, or renovation that does not affect the | ||||||
14 | structural integrity of the building, does not add beds or | ||||||
15 | services over the number for which the long term care facility | ||||||
16 | is licensed, and provides a reasonable degree of safety for the | ||||||
17 | residents.
| ||||||
18 | Section 3-203. Standards for persons with developmental | ||||||
19 | disability or emotional or behavioral disorder. In licensing | ||||||
20 | any facility for persons with a developmental disability or | ||||||
21 | persons suffering from emotional or behavioral disorders, the | ||||||
22 | Department shall consult with the Department of Human Services | ||||||
23 | in developing minimum standards for such persons. | ||||||
24 | Section 3-204. License classifications. In addition to the |
| |||||||
| |||||||
1 | authority to prescribe minimum standards, the Department may | ||||||
2 | adopt license classifications of facilities according to the | ||||||
3 | levels of service, and if license classification is adopted the | ||||||
4 | applicable minimum standards shall define the classification. | ||||||
5 | In adopting classification of the license of facilities, the | ||||||
6 | Department may give recognition to the classification of | ||||||
7 | services defined or prescribed by federal statute or federal | ||||||
8 | rule or regulation. More than one classification of the license | ||||||
9 | may be issued to the same facility when the prescribed minimum | ||||||
10 | standards and regulations are met. | ||||||
11 | Section 3-205. Municipalities; license classifications. | ||||||
12 | Where licensing responsibilities are performed by a city, | ||||||
13 | village or incorporated town, the municipality shall use the | ||||||
14 | same classifications as the Department; and a facility may not | ||||||
15 | be licensed for a different classification by the Department | ||||||
16 | than by the municipality. | ||||||
17 | Section 3-206. Curriculum for training nursing assistants | ||||||
18 | and aides. The Department shall prescribe a curriculum for | ||||||
19 | training nursing assistants, habilitation aides, and child | ||||||
20 | care aides. | ||||||
21 | (a) No person, except a volunteer who receives no | ||||||
22 | compensation from a facility and is not included for the | ||||||
23 | purpose of meeting any staffing requirements set forth by the | ||||||
24 | Department, shall act as a nursing assistant, habilitation |
| |||||||
| |||||||
1 | aide, or child care aide in a facility, nor shall any person, | ||||||
2 | under any other title, not licensed, certified, or registered | ||||||
3 | to render medical care by the Department of Financial and | ||||||
4 | Professional Regulation, assist with the personal, medical, or | ||||||
5 | nursing care of residents in a facility, unless such person | ||||||
6 | meets the following requirements: | ||||||
7 | (1) Be at least 16 years of age, of temperate habits
| ||||||
8 | and good moral character, honest, reliable and | ||||||
9 | trustworthy. | ||||||
10 | (2) Be able to speak and understand the English
| ||||||
11 | language or a language understood by a substantial | ||||||
12 | percentage of the facility's residents. | ||||||
13 | (3) Provide evidence of employment or occupation, if
| ||||||
14 | any, and residence for 2 years prior to his present | ||||||
15 | employment. | ||||||
16 | (4) Have completed at least 8 years of grade school
or | ||||||
17 | provide proof of equivalent knowledge. | ||||||
18 | (5) Begin a current course of training for nursing
| ||||||
19 | assistants, habilitation aides, or child care aides, | ||||||
20 | approved by the Department, within 45 days of initial | ||||||
21 | employment in the capacity of a nursing assistant, | ||||||
22 | habilitation aide, or child care aide at any facility. Such | ||||||
23 | courses of training shall be successfully completed within | ||||||
24 | 120 days of initial employment in the capacity of nursing | ||||||
25 | assistant, habilitation aide, or child care aide at a | ||||||
26 | facility. Nursing assistants, habilitation aides, and |
| |||||||
| |||||||
1 | child care aides who are enrolled in approved courses in | ||||||
2 | community colleges or other educational institutions on a | ||||||
3 | term, semester or trimester basis, shall be exempt from the | ||||||
4 | 120-day completion time limit. The Department shall adopt | ||||||
5 | rules for such courses of training. These rules shall | ||||||
6 | include procedures for facilities to carry on an approved | ||||||
7 | course of training within the facility. | ||||||
8 | The Department may accept comparable training in
lieu | ||||||
9 | of the 120-hour course for student nurses, foreign nurses, | ||||||
10 | military personnel, or employees of the Department of Human | ||||||
11 | Services. | ||||||
12 | The facility shall develop and implement procedures,
| ||||||
13 | which shall be approved by the Department, for an ongoing | ||||||
14 | review process, which shall take place within the facility, | ||||||
15 | for nursing assistants, habilitation aides, and child care | ||||||
16 | aides. | ||||||
17 | At the time of each regularly scheduled licensure
| ||||||
18 | survey, or at the time of a complaint investigation, the | ||||||
19 | Department may require any nursing assistant, habilitation | ||||||
20 | aide, or child care aide to demonstrate, either through | ||||||
21 | written examination or action, or both, sufficient | ||||||
22 | knowledge in all areas of required training. If such | ||||||
23 | knowledge is inadequate the Department shall require the | ||||||
24 | nursing assistant, habilitation aide, or child care aide to | ||||||
25 | complete inservice training and review in the facility | ||||||
26 | until the nursing assistant, habilitation aide, or child |
| |||||||
| |||||||
1 | care aide demonstrates to the Department, either through | ||||||
2 | written examination or action, or both, sufficient | ||||||
3 | knowledge in all areas of required training; and | ||||||
4 | (6) Be familiar with and have general skills related
to | ||||||
5 | resident care. | ||||||
6 | (a-0.5) An educational entity, other than a secondary | ||||||
7 | school, conducting a nursing assistant, habilitation aide, or | ||||||
8 | child care aide training program shall initiate a UCIA criminal | ||||||
9 | history record check prior to entry of an individual into the | ||||||
10 | training program. A secondary school may initiate a UCIA | ||||||
11 | criminal history record check prior to the entry of an | ||||||
12 | individual into a training program. | ||||||
13 | (a-1) Nursing assistants, habilitation aides, or child | ||||||
14 | care aides seeking to be included on the registry must | ||||||
15 | authorize the Department of Public Health or its designee that | ||||||
16 | tests nursing assistants to request a UCIA criminal history | ||||||
17 | check and submit all necessary information. | ||||||
18 | (b) Persons subject to this Section shall perform their | ||||||
19 | duties under the supervision of a nurse. | ||||||
20 | (c) It is unlawful for any facility to employ any person in | ||||||
21 | the capacity of nursing assistant, habilitation aide, or child | ||||||
22 | care aide, or under any other title, not licensed by the State | ||||||
23 | of Illinois to assist in the personal, medical, or nursing care | ||||||
24 | of residents in such facility unless such person has complied | ||||||
25 | with this Section. | ||||||
26 | (d) Proof of compliance by each employee with the |
| |||||||
| |||||||
1 | requirements set out in this Section shall be maintained for | ||||||
2 | each such employee by each facility in the individual personnel | ||||||
3 | folder of the employee. | ||||||
4 | (e) Each facility shall certify to the Department on a form | ||||||
5 | provided by the Department the name and residence address of | ||||||
6 | each employee, and that each employee subject to this Section | ||||||
7 | meets all the requirements of this Section. | ||||||
8 | (f) Any facility that is operated under Section 3-803 shall | ||||||
9 | be exempt from the requirements of this Section. | ||||||
10 | (g) Each skilled nursing and intermediate care facility | ||||||
11 | that admits persons who are diagnosed as having Alzheimer's | ||||||
12 | disease or related dementias shall require all nursing | ||||||
13 | assistants, habilitation aides, or child care aides, who did | ||||||
14 | not receive 12 hours of training in the care and treatment of | ||||||
15 | such residents during the training required under paragraph (5) | ||||||
16 | of subsection (a), to obtain 12 hours of in house training in | ||||||
17 | the care and treatment of such residents. If the facility does | ||||||
18 | not provide the training in house, the training shall be | ||||||
19 | obtained from other facilities, community colleges or other | ||||||
20 | educational institutions that have a recognized course for such | ||||||
21 | training. The Department shall, by rule, establish a recognized | ||||||
22 | course for such training. | ||||||
23 | The Department's rules shall provide that such training may | ||||||
24 | be conducted in house at each facility subject to the | ||||||
25 | requirements of this subsection, in which case such training | ||||||
26 | shall be monitored by the Department.
The Department's rules |
| |||||||
| |||||||
1 | shall also provide for circumstances and procedures whereby any | ||||||
2 | person who has received training that meets the requirements of | ||||||
3 | this subsection shall not be required to undergo additional | ||||||
4 | training if he or she is transferred to or obtains employment | ||||||
5 | at a different facility but remains continuously employed as a | ||||||
6 | nursing assistant, habilitation aide, or child care aide. | ||||||
7 | Licensed sheltered care facilities shall be exempt from the | ||||||
8 | requirements of this Section. | ||||||
9 | Section 3-206.01. Health care worker registry. | ||||||
10 | (a) The Department shall establish and maintain a registry | ||||||
11 | of all individuals who have satisfactorily completed the | ||||||
12 | training required by Section 3-206. The registry shall include | ||||||
13 | the name of the nursing assistant, habilitation aide, or child | ||||||
14 | care aide, his or her current address, Social Security number, | ||||||
15 | and the date and location of the training course completed by | ||||||
16 | the individual, and the date of the individual's last criminal | ||||||
17 | records check. Any individual placed on the registry is | ||||||
18 | required to inform the Department of any change of address | ||||||
19 | within 30 days. A facility shall not employ an individual as a | ||||||
20 | nursing assistant, habilitation aide, or child care aide unless | ||||||
21 | the facility has inquired of the Department as to information | ||||||
22 | in the registry concerning the individual and shall not employ | ||||||
23 | anyone not on the registry unless the individual is enrolled in | ||||||
24 | a training program under paragraph (5) of subsection (a) of | ||||||
25 | Section 3-206 of this Act. |
| |||||||
| |||||||
1 | If the Department finds that a nursing assistant, | ||||||
2 | habilitation aide, or child care aide has abused a resident, | ||||||
3 | neglected a resident, or misappropriated resident property in a | ||||||
4 | facility, the Department shall notify the individual of this | ||||||
5 | finding by certified mail sent to the address contained in the | ||||||
6 | registry. The notice shall give the individual an opportunity | ||||||
7 | to contest the finding in a hearing before the Department or to | ||||||
8 | submit a written response to the findings in lieu of requesting | ||||||
9 | a hearing. If, after a hearing or if the individual does not | ||||||
10 | request a hearing, the Department finds that the individual | ||||||
11 | abused a resident, neglected a resident, or misappropriated | ||||||
12 | resident property in a facility, the finding shall be included | ||||||
13 | as part of the registry as well as a brief statement from the | ||||||
14 | individual, if he or she chooses to make such a statement. The | ||||||
15 | Department shall make information in the registry available to | ||||||
16 | the public. In the case of inquiries to the registry concerning | ||||||
17 | an individual listed in the registry, any information disclosed | ||||||
18 | concerning such a finding shall also include disclosure of any | ||||||
19 | statement in the registry relating to the finding or a clear | ||||||
20 | and accurate summary of the statement. | ||||||
21 | (b) The Department shall add to the health care worker | ||||||
22 | registry records of findings as reported by the Inspector | ||||||
23 | General or remove from the health care worker registry records | ||||||
24 | of findings as reported by the Department of Human Services, | ||||||
25 | under subsection (g-5) of Section 1-17 of
the Department of | ||||||
26 | Human Services Act.
|
| |||||||
| |||||||
1 | Section 3-206.02. Designation on registry for offense. | ||||||
2 | (a) The Department, after notice to the nursing assistant, | ||||||
3 | habilitation aide, or child care aide, may denote that the | ||||||
4 | Department has found any of the following: | ||||||
5 | (1) The nursing assistant, habilitation aide, or
child | ||||||
6 | care aide has abused a resident. | ||||||
7 | (2) The nursing assistant, habilitation aide, or
child | ||||||
8 | care aide has neglected a resident. | ||||||
9 | (3) The nursing assistant, habilitation aide, or
child | ||||||
10 | care aide has misappropriated resident property. | ||||||
11 | (4) The nursing assistant, habilitation aide, or
child | ||||||
12 | care aide has been convicted of (i) a felony, (ii) a | ||||||
13 | misdemeanor, an essential element of which is dishonesty, | ||||||
14 | or (iii) any crime that is directly related to the duties | ||||||
15 | of a nursing assistant, habilitation aide, or child care | ||||||
16 | aide. | ||||||
17 | (b) Notice under this Section shall include a clear and | ||||||
18 | concise statement of the grounds denoting abuse, neglect, or | ||||||
19 | theft and notice of the opportunity for a hearing to contest | ||||||
20 | the designation. | ||||||
21 | (c) The Department may denote any nursing assistant, | ||||||
22 | habilitation aide, or child care aide on the registry who fails | ||||||
23 | (i) to file a return, (ii) to pay the tax, penalty or interest | ||||||
24 | shown in a filed return, or (iii) to pay any final assessment | ||||||
25 | of tax, penalty or interest, as required by any tax Act |
| |||||||
| |||||||
1 | administered by the Illinois Department of Revenue, until the | ||||||
2 | time the requirements of the tax Act are satisfied. | ||||||
3 | (c-1) The Department shall document criminal background | ||||||
4 | check results pursuant to the requirements of the Health Care | ||||||
5 | Worker Background Check Act. | ||||||
6 | (d) At any time after the designation on the registry | ||||||
7 | pursuant to subsection (a), (b), or (c) of this Section, a | ||||||
8 | nursing assistant, habilitation aide, or child care aide may | ||||||
9 | petition the Department for removal of designation on the | ||||||
10 | registry. The Department may remove the designation of the | ||||||
11 | nursing assistant, habilitation aide, or child care aide on the | ||||||
12 | registry unless, after an investigation and a hearing, the | ||||||
13 | Department determines that removal of designation is not in the | ||||||
14 | public interest.
| ||||||
15 | Section 3-206.03. Resident attendants. | ||||||
16 | (a) As used in this Section, "resident attendant" means an | ||||||
17 | individual who assists residents in a facility with the | ||||||
18 | following activities: | ||||||
19 | (1) eating and drinking; and | ||||||
20 | (2) personal hygiene limited to washing a resident's
| ||||||
21 | hands and face, brushing and combing a resident's hair, | ||||||
22 | oral hygiene, shaving residents with an electric razor, and | ||||||
23 | applying makeup.
| ||||||
24 | The term "resident attendant" does not include an | ||||||
25 | individual who: |
| |||||||
| |||||||
1 | (1) is a licensed health professional or a
registered | ||||||
2 | dietitian; | ||||||
3 | (2) volunteers without monetary compensation; | ||||||
4 | (3) is a nurse assistant; or | ||||||
5 | (4) performs any nursing or nursing related services
| ||||||
6 | for residents of a facility. | ||||||
7 | (b) A facility may employ resident attendants to assist the | ||||||
8 | nurse aides with the activities authorized under subsection | ||||||
9 | (a). The resident attendants shall not count in the minimum | ||||||
10 | staffing requirements under rules implementing this Act. | ||||||
11 | (c) A facility may not use on a full time or other paid | ||||||
12 | basis any individual as a resident attendant in the facility | ||||||
13 | unless the individual: | ||||||
14 | (1) has completed a training and competency
evaluation | ||||||
15 | program encompassing the tasks the individual provides; | ||||||
16 | and | ||||||
17 | (2) is competent to provide feeding, hydration, and
| ||||||
18 | personal hygiene services. | ||||||
19 | (d) The training and competency evaluation program may be | ||||||
20 | facility based. It may include one or more of the following | ||||||
21 | units: | ||||||
22 | (1) A feeding unit that is a maximum of 5 hours in
| ||||||
23 | length. | ||||||
24 | (2) A hydration unit that is a maximum of 3 hours in
| ||||||
25 | length. | ||||||
26 | (3) A personal hygiene unit that is a maximum of 5
|
| |||||||
| |||||||
1 | hours in length.
These programs must be reviewed and | ||||||
2 | approved by the Department every 2 years. | ||||||
3 | (f) A person seeking employment as a resident attendant is | ||||||
4 | subject to the Health Care Worker Background Check Act. | ||||||
5 | Section 3-206.1. Transfer of ownership following | ||||||
6 | suspension or revocation; discussion with new owner. Whenever | ||||||
7 | ownership of a private facility is transferred to another | ||||||
8 | private owner following a final order for a suspension or | ||||||
9 | revocation of the facility's license, the Department shall | ||||||
10 | discuss with the new owner all noted problems associated with | ||||||
11 | the facility and shall determine what additional training, if | ||||||
12 | any, is needed for the direct care staff. | ||||||
13 | Section 3-207. Statement of ownership. | ||||||
14 | (a) As a condition of the issuance or renewal of the | ||||||
15 | license of any facility, the applicant shall file a statement | ||||||
16 | of ownership. The applicant shall update the information | ||||||
17 | required in the statement of ownership within 10 days of any | ||||||
18 | change. | ||||||
19 | (b) The statement of ownership shall include the following: | ||||||
20 | (1) The name, address, telephone number, occupation or | ||||||
21 | business activity, business address and business telephone | ||||||
22 | number of the person who is the owner of the facility and | ||||||
23 | every person who owns the building in which the facility is | ||||||
24 | located, if other than the owner of the facility, which is |
| |||||||
| |||||||
1 | the subject of the application or license; and if the owner | ||||||
2 | is a partnership or corporation, the name of every partner | ||||||
3 | and stockholder of the owner; | ||||||
4 | (2) The name and address of any facility, wherever | ||||||
5 | located, any financial interest in which is owned by the | ||||||
6 | applicant, if the facility were required to be licensed if | ||||||
7 | it were located in this State; | ||||||
8 | (3) Other information necessary to determine the | ||||||
9 | identity and qualifications of an applicant or licensee to | ||||||
10 | operate a facility in accordance with this Act as required | ||||||
11 | by the Department in regulations. | ||||||
12 | (c) The information in the statement of ownership shall be | ||||||
13 | public information and shall be available from the Department.
| ||||||
14 | Section 3-208. Annual financial statement. | ||||||
15 | (a) Each licensee shall file annually, or more often as the | ||||||
16 | Director shall by rule prescribe an attested financial | ||||||
17 | statement. The Director may order an audited financial | ||||||
18 | statement of a particular facility by an auditor of the | ||||||
19 | Director's choice, provided the cost of such audit is paid by | ||||||
20 | the Department. | ||||||
21 | (b) No public funds shall be expended for the maintenance | ||||||
22 | of any resident in a facility which has failed to file the | ||||||
23 | financial statement required under this Section and no public | ||||||
24 | funds shall be paid to or on behalf of a facility which has | ||||||
25 | failed to file a statement. |
| |||||||
| |||||||
1 | (c) The Director of Public Health and the Director of | ||||||
2 | Healthcare and Family Services shall promulgate under Sections | ||||||
3 | 3-801 and 3-802, one set of regulations for the filing of these | ||||||
4 | financial statements, and shall provide in these regulations | ||||||
5 | for forms, required information, intervals and dates of filing | ||||||
6 | and such other provisions as they may deem necessary. | ||||||
7 | (d) The Director of Public Health and the Director of | ||||||
8 | Healthcare and Family Services shall seek the advice and | ||||||
9 | comments of other State and federal agencies which require the | ||||||
10 | submission of financial data from facilities licensed under | ||||||
11 | this Act and shall incorporate the information requirements of | ||||||
12 | these agencies so as to impose the least possible burden on | ||||||
13 | licensees. No other State agency may require submission of | ||||||
14 | financial data except as expressly authorized by law or as | ||||||
15 | necessary to meet requirements of federal statutes or | ||||||
16 | regulations. Information obtained under this Section shall be | ||||||
17 | made available, upon request, by the Department to any other | ||||||
18 | State agency or legislative commission to which such | ||||||
19 | information is necessary for investigations or required for the | ||||||
20 | purposes of State or federal law or regulation.
| ||||||
21 | Section 3-209. Posting of information. Every facility | ||||||
22 | shall conspicuously post for display in an area of its offices | ||||||
23 | accessible to residents, employees, and visitors the | ||||||
24 | following: | ||||||
25 | (1) Its current license; |
| |||||||
| |||||||
1 | (2) A description, provided by the Department, of | ||||||
2 | complaint procedures established under this Act and the | ||||||
3 | name, address, and telephone number of a person authorized | ||||||
4 | by the Department to receive complaints; | ||||||
5 | (3) A copy of any order pertaining to the facility | ||||||
6 | issued by the Department or a court; and | ||||||
7 | (4) A list of the material available for public | ||||||
8 | inspection under Section 3-210.
| ||||||
9 | Section 3-210. Materials for public inspection. | ||||||
10 | A facility shall retain the following for public | ||||||
11 | inspection: | ||||||
12 | (1) A complete copy of every inspection report of the | ||||||
13 | facility received from the Department during the past 5 | ||||||
14 | years; | ||||||
15 | (2) A copy of every order pertaining to the facility | ||||||
16 | issued by the Department or a court during the past 5 | ||||||
17 | years; | ||||||
18 | (3) A description of the services provided by the | ||||||
19 | facility and the rates charged for those services and items | ||||||
20 | for which a resident may be separately charged; | ||||||
21 | (4) A copy of the statement of ownership required by | ||||||
22 | Section 3-207; | ||||||
23 | (5) A record of personnel employed or retained by the | ||||||
24 | facility who are licensed, certified or registered by the | ||||||
25 | Department of Financial and Professional Regulation (as |
| |||||||
| |||||||
1 | successor to the Department of Professional Regulation); | ||||||
2 | (6) A complete copy of the most recent inspection | ||||||
3 | report of the facility received from the Department; and
| ||||||
4 | (7) A copy of the current Consumer Choice Information
| ||||||
5 | Report required by Section 2-214.
| ||||||
6 | Section 3-211. No State or federal funds to unlicensed | ||||||
7 | facility. No State or federal funds which are appropriated by | ||||||
8 | the General Assembly or which pass through the General Revenue | ||||||
9 | Fund or any special fund in the State Treasury shall be paid to | ||||||
10 | a facility not having a license issued under this Act. | ||||||
11 | Section 3-212. Inspection of facility by Department; | ||||||
12 | report.
| ||||||
13 | (a) The Department, whenever it deems necessary in | ||||||
14 | accordance with subsection (b), shall inspect, survey and | ||||||
15 | evaluate every facility to determine compliance with | ||||||
16 | applicable licensure requirements and standards. Submission of
| ||||||
17 | a facility's current Consumer Choice Information Report
| ||||||
18 | required by Section 2-214 shall be verified at the time of | ||||||
19 | inspection.
An inspection should occur within 120 days prior to | ||||||
20 | license renewal. The Department may periodically visit a | ||||||
21 | facility for the purpose of consultation. An inspection, | ||||||
22 | survey, or evaluation, other than an inspection of financial | ||||||
23 | records, shall be conducted without prior notice to the | ||||||
24 | facility. A visit for the sole purpose of consultation may be |
| |||||||
| |||||||
1 | announced. The Department shall provide training to surveyors | ||||||
2 | about the appropriate assessment, care planning, and care of | ||||||
3 | persons with mental illness (other than Alzheimer's disease or | ||||||
4 | related disorders) to enable its surveyors to determine whether | ||||||
5 | a facility is complying with State and federal requirements | ||||||
6 | about the assessment, care planning, and care of those persons. | ||||||
7 | (a-1) An employee of a State or unit of local government | ||||||
8 | agency charged with inspecting, surveying, and evaluating | ||||||
9 | facilities who directly or indirectly gives prior notice of an | ||||||
10 | inspection, survey, or evaluation, other than an inspection of | ||||||
11 | financial records, to a facility or to an employee of a | ||||||
12 | facility is guilty of a Class A misdemeanor.
An inspector or an | ||||||
13 | employee of the Department who intentionally prenotifies a | ||||||
14 | facility, orally or in writing, of a pending complaint | ||||||
15 | investigation or inspection shall be guilty of a Class A | ||||||
16 | misdemeanor. Superiors of persons who have prenotified a | ||||||
17 | facility shall be subject to the same penalties, if they have | ||||||
18 | knowingly allowed the prenotification. A person found guilty of | ||||||
19 | prenotifying a facility shall be subject to disciplinary action | ||||||
20 | by his or her employer.
If the Department has a good faith | ||||||
21 | belief, based upon information that comes to its attention, | ||||||
22 | that a violation of this subsection has occurred, it must file | ||||||
23 | a complaint with the Attorney General or the State's Attorney | ||||||
24 | in the county where the violation took place within 30 days | ||||||
25 | after discovery of the information. | ||||||
26 | (a-2) An employee of a State or unit of local government |
| |||||||
| |||||||
1 | agency charged with inspecting, surveying, or evaluating | ||||||
2 | facilities who willfully profits from violating the | ||||||
3 | confidentiality of the inspection, survey, or evaluation | ||||||
4 | process shall be guilty of a Class 4 felony and that conduct | ||||||
5 | shall be deemed unprofessional conduct that may subject a | ||||||
6 | person to loss of his or her professional license. An action to | ||||||
7 | prosecute a person for violating this subsection (a-2) may be | ||||||
8 | brought by either the Attorney General or the State's Attorney | ||||||
9 | in the county where the violation took place. | ||||||
10 | (b) In determining whether to make more than the required | ||||||
11 | number of unannounced inspections, surveys and evaluations of a | ||||||
12 | facility the Department shall consider one or more of the | ||||||
13 | following: previous inspection reports; the facility's history | ||||||
14 | of compliance with standards, rules and regulations | ||||||
15 | promulgated under this Act and correction of violations, | ||||||
16 | penalties or other enforcement actions; the number and severity | ||||||
17 | of complaints received about the facility; any allegations of | ||||||
18 | resident abuse or neglect; weather conditions; health | ||||||
19 | emergencies; other reasonable belief that deficiencies exist. | ||||||
20 |
(b-1) The Department shall not be required to determine | ||||||
21 | whether a facility certified to participate in the Medicare | ||||||
22 | program under Title XVIII of the Social Security Act, or the | ||||||
23 | Medicaid program under Title XIX of the Social Security Act, | ||||||
24 | and which the Department determines by inspection under this | ||||||
25 | Section or under Section 3-702 of this Act to be in compliance | ||||||
26 | with the certification requirements of Title XVIII or XIX, is |
| |||||||
| |||||||
1 | in compliance with any requirement of this Act that is less | ||||||
2 | stringent than or duplicates a federal certification | ||||||
3 | requirement. In accordance with subsection (a) of this Section | ||||||
4 | or subsection (d) of Section 3-702, the Department shall | ||||||
5 | determine whether a certified facility is in compliance with | ||||||
6 | requirements of this Act that exceed federal certification | ||||||
7 | requirements. If a certified facility is found to be out of | ||||||
8 | compliance with federal certification requirements, the | ||||||
9 | results of an inspection conducted pursuant to Title XVIII or | ||||||
10 | XIX of the Social Security Act may be used as the basis for | ||||||
11 | enforcement remedies authorized and commenced under this Act. | ||||||
12 | Enforcement of this Act against a certified facility shall be | ||||||
13 | commenced pursuant to the requirements of this Act, unless | ||||||
14 | enforcement remedies sought pursuant to Title XVIII or XIX of | ||||||
15 | the Social Security Act exceed those authorized by this Act. As | ||||||
16 | used in this subsection, "enforcement remedy" means a sanction | ||||||
17 | for violating a federal certification requirement or this Act. | ||||||
18 | (c) Upon completion of each inspection, survey and | ||||||
19 | evaluation, the appropriate Department personnel who conducted | ||||||
20 | the inspection, survey or evaluation shall submit a copy of | ||||||
21 | their report to the licensee upon exiting the facility, and | ||||||
22 | shall submit the actual report to the appropriate regional | ||||||
23 | office of the Department. Such report and any recommendations | ||||||
24 | for action by the Department under this Act shall be | ||||||
25 | transmitted to the appropriate offices of the associate | ||||||
26 | director of the Department, together with related comments or |
| |||||||
| |||||||
1 | documentation provided by the licensee which may refute | ||||||
2 | findings in the report, which explain extenuating | ||||||
3 | circumstances that the facility could not reasonably have | ||||||
4 | prevented, or which indicate methods and timetables for | ||||||
5 | correction of deficiencies described in the report. Without | ||||||
6 | affecting the application of subsection (a) of Section 3-303, | ||||||
7 | any documentation or comments of the licensee shall be provided | ||||||
8 | within 10 days of receipt of the copy of the report. Such | ||||||
9 | report shall recommend to the Director appropriate action under | ||||||
10 | this Act with respect to findings against a facility. The | ||||||
11 | Director shall then determine whether the report's findings | ||||||
12 | constitute a violation or violations of which the facility must | ||||||
13 | be given notice. Such determination shall be based upon the | ||||||
14 | severity of the finding, the danger posed to resident health | ||||||
15 | and safety, the comments and documentation provided by the | ||||||
16 | facility, the diligence and efforts to correct deficiencies, | ||||||
17 | correction of the reported deficiencies, the frequency and | ||||||
18 | duration of similar findings in previous reports and the | ||||||
19 | facility's general inspection history. Violations shall be | ||||||
20 | determined under this subsection no later than 60 days after | ||||||
21 | completion of each inspection, survey and evaluation. | ||||||
22 | (d) The Department shall maintain all inspection, survey | ||||||
23 | and evaluation reports for at least 5 years in a manner | ||||||
24 | accessible to and understandable by the public.
| ||||||
25 | Section 3-213. Periodic reports to Department. The |
| |||||||
| |||||||
1 | Department shall require periodic reports and shall have access | ||||||
2 | to and may reproduce or photocopy at its cost any books, | ||||||
3 | records, and other documents maintained by the facility to the | ||||||
4 | extent necessary to carry out this Act and the rules | ||||||
5 | promulgated under this Act. The Department shall not divulge or | ||||||
6 | disclose the contents of a record under this Section in | ||||||
7 | violation of Section 2-206 or as otherwise prohibited by this | ||||||
8 | Act. | ||||||
9 | Section 3-214. Consent to Department inspection. Any | ||||||
10 | holder of a license or applicant for a license shall be deemed | ||||||
11 | to have given consent to any authorized officer, employee or | ||||||
12 | agent of the Department to enter and inspect the facility in | ||||||
13 | accordance with this Article. Refusal to permit such entry or | ||||||
14 | inspection shall constitute grounds for denial, nonrenewal or | ||||||
15 | revocation of a license as provided in Section 3-117 or 3-119 | ||||||
16 | of this Act. | ||||||
17 | Section 3-215. Annual report on facility by Department. The | ||||||
18 | Department shall make at least one report on each facility in | ||||||
19 | the State annually, unless the facility has been issued a | ||||||
20 | 2-year license under subsection (b) of Section 3-110 for which | ||||||
21 | the report shall be made every 2-years. All conditions and | ||||||
22 | practices not in compliance with applicable standards within | ||||||
23 | the report period shall be specifically stated. If a violation | ||||||
24 | is corrected or is subject to an approved plan of correction, |
| |||||||
| |||||||
1 | the same shall be specified in the report. The Department shall | ||||||
2 | send a copy to any person on receiving a written request. The | ||||||
3 | Department may charge a reasonable fee to cover copying costs. | ||||||
4 | PART 3. VIOLATIONS AND PENALTIES | ||||||
5 | Section 3-301. Notice of violation of Act or rules. If | ||||||
6 | after receiving the report specified in subsection (c) of | ||||||
7 | Section 3-212 the Director or his designee determines that a | ||||||
8 | facility is in violation of this Act or of any rule promulgated | ||||||
9 | thereunder, he shall serve a notice of violation upon the | ||||||
10 | licensee within 10 days thereafter. Each notice of violation | ||||||
11 | shall be prepared in writing and shall specify the nature of | ||||||
12 | the violation, and the statutory provision or rule alleged to | ||||||
13 | have been violated. The notice shall inform the licensee of any | ||||||
14 | action the Department may take under the Act, including the | ||||||
15 | requirement of a facility plan of correction under Section | ||||||
16 | 3-303; placement of the facility on a list prepared under | ||||||
17 | Section 3-304; assessment of a penalty under Section 3-305; a | ||||||
18 | conditional license under Sections 3-311 through 3-317; or | ||||||
19 | license suspension or revocation under Section 3-119. The | ||||||
20 | Director or his designee shall also inform the licensee of | ||||||
21 | rights to a hearing under Section 3-703. | ||||||
22 | Section 3-302. Each day a separate violation. Each day the | ||||||
23 | violation exists after the date upon which a notice of |
| |||||||
| |||||||
1 | violation is served under Section 3-301 shall constitute a | ||||||
2 | separate violation for purposes of assessing penalties or fines | ||||||
3 | under Section 3-305. The submission of a plan of correction | ||||||
4 | pursuant to subsection (b) of Section 3-303 does not prohibit | ||||||
5 | or preclude the Department from assessing penalties or fines | ||||||
6 | pursuant to Section 3-305 for those violations found to be | ||||||
7 | valid except as provided under Section 3-308 in relation to | ||||||
8 | Type "B" violations. No penalty or fine may be assessed for a | ||||||
9 | condition for which the facility has received a variance or | ||||||
10 | waiver of a standard. | ||||||
11 | Section 3-303. Correction of violations; hearing. | ||||||
12 | (a) The situation, condition or practice constituting a | ||||||
13 | Type "A" violation shall be abated or eliminated immediately | ||||||
14 | unless a fixed period of time, not exceeding 15 days, as | ||||||
15 | determined by the Department and specified in the notice of | ||||||
16 | violation, is required for correction. | ||||||
17 | (b) At the time of issuance of a notice of a Type "B" | ||||||
18 | violation, the Department shall request a plan of correction | ||||||
19 | which is subject to the Department's approval. The facility | ||||||
20 | shall have 10 days after receipt of notice of violation in | ||||||
21 | which to prepare and submit a plan of correction. The | ||||||
22 | Department may extend this period up to 30 days where | ||||||
23 | correction involves substantial capital improvement. The plan | ||||||
24 | shall include a fixed time period not in excess of 90 days | ||||||
25 | within which violations are to be corrected. If the Department |
| |||||||
| |||||||
1 | rejects a plan of correction, it shall send notice of the | ||||||
2 | rejection and the reason for the rejection to the facility. The | ||||||
3 | facility shall have 10 days after receipt of the notice of | ||||||
4 | rejection in which to submit a modified plan. If the modified | ||||||
5 | plan is not timely submitted, or if the modified plan is | ||||||
6 | rejected, the facility shall follow an approved plan of | ||||||
7 | correction imposed by the Department. | ||||||
8 | (c) If the violation has been corrected prior to submission | ||||||
9 | and approval of a plan of correction, the facility may submit a | ||||||
10 | report of correction in place of a plan of correction. Such | ||||||
11 | report shall be signed by the administrator under oath. | ||||||
12 | (d) Upon a licensee's petition, the Department shall | ||||||
13 | determine whether to grant a licensee's request for an extended | ||||||
14 | correction time. Such petition shall be served on the | ||||||
15 | Department prior to expiration of the correction time | ||||||
16 | originally approved. The burden of proof is on the petitioning | ||||||
17 | facility to show good cause for not being able to comply with | ||||||
18 | the original correction time approved. | ||||||
19 | (e) If a facility desires to contest any Department action | ||||||
20 | under this Section it shall send a written request for a | ||||||
21 | hearing under Section 3-703 to the Department within 10 days of | ||||||
22 | receipt of notice of the contested action. The Department shall | ||||||
23 | commence the hearing as provided under Section 3-703. Whenever | ||||||
24 | possible, all action of the Department under this Section | ||||||
25 | arising out of a violation shall be contested and determined at | ||||||
26 | a single hearing. Issues decided after a hearing may not be |
| |||||||
| |||||||
1 | reheard at subsequent hearings under this Section.
| ||||||
2 | Section 3-303.1. Waiver of facility's compliance with rule | ||||||
3 | or standard. Upon application by a facility, the Director may | ||||||
4 | grant or renew the waiver of the facility's compliance with a | ||||||
5 | rule or standard for a period not to exceed the duration of the | ||||||
6 | current license or, in the case of an application for license | ||||||
7 | renewal, the duration of the renewal period. The waiver may be | ||||||
8 | conditioned upon the facility taking action prescribed by the | ||||||
9 | Director as a measure equivalent to compliance. In determining | ||||||
10 | whether to grant or renew a waiver, the Director shall consider | ||||||
11 | the duration and basis for any current waiver with respect to | ||||||
12 | the same rule or standard and the validity and effect upon | ||||||
13 | patient health and safety of extending it on the same basis, | ||||||
14 | the effect upon the health and safety of residents, the quality | ||||||
15 | of resident care, the facility's history of compliance with the | ||||||
16 | rules and standards of this Act and the facility's attempts to | ||||||
17 | comply with the particular rule or standard in question. The | ||||||
18 | Department may provide, by rule, for the automatic renewal of | ||||||
19 | waivers concerning physical plant requirements upon the | ||||||
20 | renewal of a license. The Department shall renew waivers | ||||||
21 | relating to physical plant standards issued pursuant to this | ||||||
22 | Section at the time of the indicated reviews, unless it can | ||||||
23 | show why such waivers should not be extended for the following | ||||||
24 | reasons: | ||||||
25 | (a) the condition of the physical plant has deteriorated or |
| |||||||
| |||||||
1 | its use substantially changed so that the basis upon which the | ||||||
2 | waiver was issued is materially different; or | ||||||
3 | (b) the facility is renovated or substantially remodeled in | ||||||
4 | such a way as to permit compliance with the applicable rules | ||||||
5 | and standards without substantial increase in cost.
A copy of | ||||||
6 | each waiver application and each waiver granted or renewed | ||||||
7 | shall be on file with the Department and available for public | ||||||
8 | inspection. The Director shall annually review such file and | ||||||
9 | recommend to the Long-Term Care Facility Advisory Board | ||||||
10 | established under Section 2-204 of the Nursing Home Care Act | ||||||
11 | any modification in rules or standards suggested by the number | ||||||
12 | and nature of waivers requested and granted and the | ||||||
13 | difficulties faced in compliance by similarly situated | ||||||
14 | facilities.
| ||||||
15 | Section 3-303.2. Administrative warning. | ||||||
16 | (a) If the Department finds a situation, condition or | ||||||
17 | practice which violates this Act or any rule promulgated | ||||||
18 | thereunder which does not directly threaten the health, safety | ||||||
19 | or welfare of a resident, the Department shall issue an | ||||||
20 | administrative warning. Any administrative warning shall be | ||||||
21 | served upon the facility in the same manner as the notice of | ||||||
22 | violation under Section 3-301. The facility shall be | ||||||
23 | responsible for correcting the situation, condition or | ||||||
24 | practice; however, no written plan of correction need be | ||||||
25 | submitted for an administrative warning, except for violations |
| |||||||
| |||||||
1 | of Sections 3-401 through 3-413 or the rules promulgated | ||||||
2 | thereunder. A written plan of correction is required to be | ||||||
3 | filed for an administrative warning issued for violations of | ||||||
4 | Sections 3-401 through 3-413 or the rules promulgated | ||||||
5 | thereunder. | ||||||
6 | (b) If, however, the situation, condition or practice which | ||||||
7 | resulted in the issuance of an administrative warning, with the | ||||||
8 | exception of administrative warnings issued pursuant to | ||||||
9 | Sections 3-401 through 3-413 or the rules promulgated | ||||||
10 | thereunder, is not corrected by the next on site inspection by | ||||||
11 | the Department which occurs no earlier than 90 days from the | ||||||
12 | issuance of the administrative warning, a written plan of | ||||||
13 | correction must be submitted in the same manner as provided in | ||||||
14 | subsection (b) of Section 3-303.
| ||||||
15 | Section 3-304. Quarterly list of facilities against which | ||||||
16 | Department has taken action. | ||||||
17 | (a) The Department shall prepare on a quarterly basis a | ||||||
18 | list containing the names and addresses of all facilities | ||||||
19 | against which the Department during the previous quarter has: | ||||||
20 | (1) sent a notice under Section 3-307 regarding a
| ||||||
21 | penalty assessment under subsection (1) of Section 3-305; | ||||||
22 | (2) sent a notice of license revocation under Section
| ||||||
23 | 3-119; | ||||||
24 | (3) sent a notice refusing renewal of a license under
| ||||||
25 | Section 3-119; |
| |||||||
| |||||||
1 | (4) sent a notice to suspend a license under Section
| ||||||
2 | 3-119; | ||||||
3 | (5) issued a conditional license for violations that
| ||||||
4 | have not been corrected under Section 3-303 or penalties or | ||||||
5 | fines described under Section 3-305 have been assessed | ||||||
6 | under Section 3-307 or 3-308; | ||||||
7 | (6) placed a monitor under subsections (a), (b) and
(c) | ||||||
8 | of Section 3-501 and under subsection (d) of such Section | ||||||
9 | where license revocation or nonrenewal notices have also | ||||||
10 | been issued; | ||||||
11 | (7) initiated an action to appoint a receiver; | ||||||
12 | (8) recommended to the Director of Healthcare and | ||||||
13 | Family Services, or the Secretary of the United States | ||||||
14 | Department of Health and Human Services, the | ||||||
15 | decertification for violations in relation to patient care | ||||||
16 | of a facility pursuant to Titles XVIII and XIX of the | ||||||
17 | federal Social Security Act. | ||||||
18 | (b) In addition to the name and address of the facility,
| ||||||
19 | the list shall include the name and address of the person or | ||||||
20 | licensee against whom the action has been initiated, a self | ||||||
21 | explanatory summary of the facts which warranted the initiation | ||||||
22 | of each action, the type of action initiated, the date of the | ||||||
23 | initiation of the action, the amount of the penalty sought to | ||||||
24 | be assessed, if any, and the final disposition of the action, | ||||||
25 | if completed. | ||||||
26 | (c) The list shall be available to any member of the public |
| |||||||
| |||||||
1 | upon oral or written request without charge. | ||||||
2 | Section 3-304.1. Public computer access to information. | ||||||
3 | (a) The Department must make information regarding nursing | ||||||
4 | homes in the State available to the public in electronic form | ||||||
5 | on the World Wide Web, including all of the following | ||||||
6 | information: | ||||||
7 | (1) who regulates facilities licensed under this Act; | ||||||
8 | (2) information in the possession of the Department
| ||||||
9 | that is listed in Sections 3-210 and 3-304; | ||||||
10 | (3) deficiencies and plans of correction; | ||||||
11 | (4) enforcement remedies; | ||||||
12 | (5) penalty letters; | ||||||
13 | (6) designation of penalty monies; | ||||||
14 | (7) the U.S. Department of Health and Human
Services' | ||||||
15 | Health Care Financing Administration special projects or | ||||||
16 | federally required inspections; | ||||||
17 | (8) advisory standards; | ||||||
18 | (9) deficiency free surveys; and | ||||||
19 | (10) enforcement actions and enforcement summaries. | ||||||
20 | (b) No fee or other charge may be imposed by the Department | ||||||
21 | as a condition of accessing the information. | ||||||
22 | (c) The electronic public access provided through the World | ||||||
23 | Wide Web shall be in addition to any other electronic or print | ||||||
24 | distribution of the information. | ||||||
25 | (d) The information shall be made available as provided in |
| |||||||
| |||||||
1 | this Section in the shortest practicable time after it is | ||||||
2 | publicly available in any other form.
| ||||||
3 | Section 3-305. Penalties or fines. The license of a | ||||||
4 | facility which is in violation of this Act or any rule adopted | ||||||
5 | thereunder may be subject to the penalties or fines levied by | ||||||
6 | the Department as specified in this Section. | ||||||
7 | (1) Unless a greater penalty or fine is allowed under | ||||||
8 | subsection (3), a licensee who commits a Type "A" violation | ||||||
9 | as defined in Section 1-129 is automatically issued a | ||||||
10 | conditional license for a period of 6 months to coincide | ||||||
11 | with an acceptable plan of correction and assessed a fine | ||||||
12 | computed at a rate of $5.00 per resident in the facility | ||||||
13 | plus 20 cents per resident for each day of the violation, | ||||||
14 | commencing on the date a notice of the violation is served | ||||||
15 | under Section 3-301 and ending on the date the violation is | ||||||
16 | corrected, or a fine of not less than $5,000, or when | ||||||
17 | death, serious mental or physical harm, permanent | ||||||
18 | disability, or disfigurement results, a fine of not less | ||||||
19 | than $10,000, whichever is greater. | ||||||
20 | (2) A licensee who commits a Type "B" violation or who | ||||||
21 | is issued an administrative warning for a violation of | ||||||
22 | Sections 3-401 through 3-413 or the rules promulgated | ||||||
23 | thereunder is subject to a penalty computed at a rate of $3 | ||||||
24 | per resident in the facility, plus 15 cents per resident | ||||||
25 | for each day of the violation, commencing on the date a |
| |||||||
| |||||||
1 | notice of the violation is served under Section 3-301 and | ||||||
2 | ending on the date the violation is corrected, or a fine | ||||||
3 | not less than $500, whichever is greater. Such fine shall | ||||||
4 | be assessed on the date of notice of the violation and | ||||||
5 | shall be suspended for violations that continue after such | ||||||
6 | date upon completion of a plan of correction in accordance | ||||||
7 | with Section 3-308 in relation to the assessment of fines | ||||||
8 | and correction. Failure to correct such violation within | ||||||
9 | the time period approved under a plan of correction shall | ||||||
10 | result in a fine and conditional license as provided under | ||||||
11 | subsection (5). | ||||||
12 | (3) A licensee who commits a Type "A" violation as | ||||||
13 | defined in Section 1-129 which continues beyond the time | ||||||
14 | specified in paragraph (a) of Section 3 303 which is cited | ||||||
15 | as a repeat violation shall have its license revoked and | ||||||
16 | shall be assessed a fine of 3 times the fine computed per | ||||||
17 | resident per day under subsection (1). | ||||||
18 | (4) A licensee who fails to satisfactorily comply with | ||||||
19 | an accepted plan of correction for a Type "B" violation or | ||||||
20 | an administrative warning issued pursuant to Sections | ||||||
21 | 3-401 through 3-413 or the rules promulgated thereunder | ||||||
22 | shall be automatically issued a conditional license for a | ||||||
23 | period of not less than 6 months. A second or subsequent | ||||||
24 | acceptable plan of correction shall be filed. A fine shall | ||||||
25 | be assessed in accordance with subsection (2) when cited | ||||||
26 | for the repeat violation. This fine shall be computed for |
| |||||||
| |||||||
1 | all days of the violation, including the duration of the | ||||||
2 | first plan of correction compliance time. | ||||||
3 | (5) For the purpose of computing a penalty under | ||||||
4 | subsections (2) through (4), the number of residents per | ||||||
5 | day shall be based on the average number of residents in | ||||||
6 | the facility during the 30 days preceding the discovery of | ||||||
7 | the violation. | ||||||
8 | (6) When the Department finds that a provision of | ||||||
9 | Article II has been violated with regard to a particular | ||||||
10 | resident, the Department shall issue an order requiring the | ||||||
11 | facility to reimburse the resident for injuries incurred, | ||||||
12 | or $100, whichever is greater. In the case of a violation | ||||||
13 | involving any action other than theft of money belonging to | ||||||
14 | a resident, reimbursement shall be ordered only if a | ||||||
15 | provision of Article II has been violated with regard to | ||||||
16 | that or any other resident of the facility within the 2 | ||||||
17 | years immediately preceding the violation in question. | ||||||
18 | (7) For purposes of assessing fines under this Section, | ||||||
19 | a repeat violation shall be a violation which has been | ||||||
20 | cited during one inspection of the facility for which an | ||||||
21 | accepted plan of correction was not complied with. A repeat | ||||||
22 | violation shall not be a new citation of the same rule, | ||||||
23 | unless the licensee is not substantially addressing the | ||||||
24 | issue routinely throughout the facility.
| ||||||
25 | Section 3-306. Factors to be considered in determining |
| |||||||
| |||||||
1 | penalty. In determining whether a penalty is to be imposed and | ||||||
2 | in fixing the amount of the penalty to be imposed, if any, for | ||||||
3 | a violation, the Director shall consider the following factors: | ||||||
4 | (1) The gravity of the violation, including the | ||||||
5 | probability that death or serious physical or mental harm | ||||||
6 | to a resident will result or has resulted; the severity of | ||||||
7 | the actual or potential harm, and the extent to which the | ||||||
8 | provisions of the applicable statutes or regulations were | ||||||
9 | violated; | ||||||
10 | (2) The reasonable diligence exercised by the licensee | ||||||
11 | and efforts to correct violations; | ||||||
12 | (3) Any previous violations committed by the licensee; | ||||||
13 | and | ||||||
14 | (4) The financial benefit to the facility of committing | ||||||
15 | or continuing the violation.
| ||||||
16 | Section 3-307. Assessment of penalties; notice. The | ||||||
17 | Director may directly assess penalties provided for under | ||||||
18 | Section 3-305 of this Act. If the Director determines that a | ||||||
19 | penalty should be assessed for a particular violation or for | ||||||
20 | failure to correct it, he shall send a notice to the facility. | ||||||
21 | The notice shall specify the amount of the penalty assessed, | ||||||
22 | the violation, the statute or rule alleged to have been | ||||||
23 | violated, and shall inform the licensee of the right to hearing | ||||||
24 | under Section 3-703 of this Act. If the violation is | ||||||
25 | continuing, the notice shall specify the amount of additional |
| |||||||
| |||||||
1 | assessment per day for the continuing violation. | ||||||
2 | Section 3-308. Time of assessment; plan of correction. In | ||||||
3 | the case of a Type "A" violation, a penalty may be assessed | ||||||
4 | from the date on which the violation is discovered. In the case | ||||||
5 | of a Type "B" or Type "C" violation or an administrative | ||||||
6 | warning issued pursuant to Sections 3-401 through 3-413 or the | ||||||
7 | rules promulgated thereunder, the facility shall submit a plan | ||||||
8 | of correction as provided in Section 3-303.
In the case of a | ||||||
9 | Type "B" violation or an administrative warning issued pursuant | ||||||
10 | to Sections 3-401 through 3-413 or the rules promulgated | ||||||
11 | thereunder, a penalty shall be assessed on the date of notice | ||||||
12 | of the violation, but the Director may reduce the amount or | ||||||
13 | waive such payment for any of the following reasons: | ||||||
14 | (a) The facility submits a true report of correction
within | ||||||
15 | 10 days; | ||||||
16 | (b) The facility submits a plan of correction within
10 | ||||||
17 | days and subsequently submits a true report of correction | ||||||
18 | within 15 days thereafter; | ||||||
19 | (c) The facility submits a plan of correction within
10 | ||||||
20 | days which provides for a correction time that is less than or | ||||||
21 | equal to 30 days and the Department approves such plan; or | ||||||
22 | (d) The facility submits a plan of correction for
| ||||||
23 | violations involving substantial capital improvements which | ||||||
24 | provides for correction within the initial 90 day limit | ||||||
25 | provided under Section 3-303.
The Director shall consider the |
| |||||||
| |||||||
1 | following factors in determinations to reduce or waive such | ||||||
2 | penalties: | ||||||
3 | (1) The violation has not caused actual harm to a
| ||||||
4 | resident; | ||||||
5 | (2) The facility has made a diligent effort to
correct | ||||||
6 | the violation and to prevent its recurrence; | ||||||
7 | (3) The facility has no record of a pervasive
pattern | ||||||
8 | of the same or similar violations; and | ||||||
9 | (4) The facility has a record of substantial
compliance | ||||||
10 | with this Act and the regulations promulgated hereunder. | ||||||
11 | If a plan of correction is approved and carried out for a | ||||||
12 | Type "C" violation, the fine provided under Section 3-305 shall | ||||||
13 | be suspended for the time period specified in the approved plan | ||||||
14 | of correction. If a plan of correction is approved and carried | ||||||
15 | out for a Type "B" violation or an administrative warning | ||||||
16 | issued pursuant to Sections 3-401 through 3-413 or the rules | ||||||
17 | promulgated thereunder, with respect to a violation that | ||||||
18 | continues after the date of notice of violation, the fine | ||||||
19 | provided under Section 3-305 shall be suspended for the time | ||||||
20 | period specified in the approved plan of correction. | ||||||
21 | If a good faith plan of correction is not received within | ||||||
22 | the time provided by Section 3-303, a penalty may be assessed | ||||||
23 | from the date of the notice of the Type "B" or "C" violation or | ||||||
24 | an administrative warning issued pursuant to Sections 3-401 | ||||||
25 | through 3-413 or the rules promulgated thereunder served under | ||||||
26 | Section 3-301 until the date of the receipt of a good faith |
| |||||||
| |||||||
1 | plan of correction, or until the date the violation is | ||||||
2 | corrected, whichever is earlier. If a violation is not | ||||||
3 | corrected within the time specified by an approved plan of | ||||||
4 | correction or any lawful extension thereof, a penalty may be | ||||||
5 | assessed from the date of notice of the violation, until the | ||||||
6 | date the violation is corrected.
| ||||||
7 | Section 3-309. Contesting assessment of penalty. A | ||||||
8 | facility may contest an assessment of a penalty by sending a | ||||||
9 | written request to the Department for hearing under Section | ||||||
10 | 3-703. Upon receipt of the request the Department shall hold a | ||||||
11 | hearing as provided under Section 3-703. | ||||||
12 | Section 3-310. Collection of penalties. All penalties | ||||||
13 | shall be paid to the Department within 10 days of receipt of | ||||||
14 | notice of assessment or, if the penalty is contested under | ||||||
15 | Section 3-309, within 10 days of receipt of the final decision, | ||||||
16 | unless the decision is appealed and the order is stayed by | ||||||
17 | court order under Section 3-713. A penalty assessed under this | ||||||
18 | Act shall be collected by the Department and shall be deposited | ||||||
19 | with the State Treasurer into the Long Term Care | ||||||
20 | Monitor/Receiver Fund. If the person or facility against whom a | ||||||
21 | penalty has been assessed does not comply with a written demand | ||||||
22 | for payment within 30 days, the Director shall issue an order | ||||||
23 | to do any of the following: | ||||||
24 | (1) Direct the State Treasurer to deduct the amount
of |
| |||||||
| |||||||
1 | the fine from amounts otherwise due from the State for the | ||||||
2 | penalty and remit that amount to the Department; | ||||||
3 | (2) Add the amount of the penalty to the facility's
| ||||||
4 | licensing fee; if the licensee refuses to make the payment | ||||||
5 | at the time of application for renewal of its license, the | ||||||
6 | license shall not be renewed; or | ||||||
7 | (3) Bring an action in circuit court to recover the
| ||||||
8 | amount of the penalty. | ||||||
9 | With the approval of the federal centers for Medicaid and | ||||||
10 | Medicare services, the Director of Public Health shall set | ||||||
11 | aside 50% of the federal civil monetary penalties collected | ||||||
12 | each year to be used to award grants under the Innovations in | ||||||
13 | Long term Care Quality Grants Act. | ||||||
14 | Section 3-311. Issuance of conditional license in addition | ||||||
15 | to penalties. In addition to the right to assess penalties | ||||||
16 | under this Act, the Director may issue a conditional license | ||||||
17 | under Section 3-305 to any facility if the Director finds that | ||||||
18 | either a Type "A" or Type "B" violation exists in such | ||||||
19 | facility. The issuance of a conditional license shall revoke | ||||||
20 | any license held by the facility. | ||||||
21 | Section 3-312. Plan of correction required before issuance | ||||||
22 | of conditional license. Prior to the issuance of a conditional | ||||||
23 | license, the Department shall review and approve a written plan | ||||||
24 | of correction. The Department shall specify the violations |
| |||||||
| |||||||
1 | which prevent full licensure and shall establish a time | ||||||
2 | schedule for correction of the deficiencies. Retention of the | ||||||
3 | license shall be conditional on the timely correction of the | ||||||
4 | deficiencies in accordance with the plan of correction. | ||||||
5 | Section 3-313. Notice of issuance of conditional license. | ||||||
6 | Written notice of the decision to issue a conditional license | ||||||
7 | shall be sent to the applicant or licensee together with the | ||||||
8 | specification of all violations of this Act and the rules | ||||||
9 | promulgated thereunder which prevent full licensure and which | ||||||
10 | form the basis for the Department's decision to issue a | ||||||
11 | conditional license and the required plan of correction. The | ||||||
12 | notice shall inform the applicant or licensee of its right to a | ||||||
13 | full hearing under Section 3-315 to contest the issuance of the | ||||||
14 | conditional license. | ||||||
15 | Section 3-315. Hearing on conditional license or plan of | ||||||
16 | correction. If the applicant or licensee desires to contest the | ||||||
17 | basis for issuance of a conditional license, or the terms of | ||||||
18 | the plan of correction, the applicant or licensee shall send a | ||||||
19 | written request for hearing to the Department within 10 days | ||||||
20 | after receipt by the applicant or licensee of the Department's | ||||||
21 | notice and decision to issue a conditional license. The | ||||||
22 | Department shall hold the hearing as provided under Section | ||||||
23 | 3-703. |
| |||||||
| |||||||
1 | Section 3-316. Period of conditional license. A | ||||||
2 | conditional license shall be issued for a period specified by | ||||||
3 | the Department, but in no event for more than one year. The | ||||||
4 | Department shall periodically inspect any facility operating | ||||||
5 | under a conditional license. If the Department finds | ||||||
6 | substantial failure by the facility to timely correct the | ||||||
7 | violations which prevented full licensure and formed the basis | ||||||
8 | for the Department's decision to issue a conditional license in | ||||||
9 | accordance with the required plan of correction, the | ||||||
10 | conditional license may be revoked as provided under Section | ||||||
11 | 3-119. | ||||||
12 | Section 3-318. Business offenses. | ||||||
13 | (a) No person shall: | ||||||
14 | (1) Intentionally fail to correct or interfere with the | ||||||
15 | correction of a Type "A" or Type "B" violation within the | ||||||
16 | time specified on the notice or approved plan of correction | ||||||
17 | under this Act as the maximum period given for correction, | ||||||
18 | unless an extension is granted and the corrections are made | ||||||
19 | before expiration of extension; | ||||||
20 | (2) Intentionally prevent, interfere with, or attempt | ||||||
21 | to impede in any way any duly authorized investigation and | ||||||
22 | enforcement of this Act; | ||||||
23 | (3) Intentionally prevent or attempt to prevent any | ||||||
24 | examination of any relevant books or records pertinent to | ||||||
25 | investigations and enforcement of this Act; |
| |||||||
| |||||||
1 | (4) Intentionally prevent or interfere with the | ||||||
2 | preservation of evidence pertaining to any violation of | ||||||
3 | this Act or the rules promulgated under this Act; | ||||||
4 | (5) Intentionally retaliate or discriminate against | ||||||
5 | any resident or employee for contacting or providing | ||||||
6 | information to any state official, or for initiating, | ||||||
7 | participating in, or testifying in an action for any remedy | ||||||
8 | authorized under this Act; | ||||||
9 | (6) Wilfully file any false, incomplete or | ||||||
10 | intentionally misleading information required to be filed | ||||||
11 | under this Act, or wilfully fail or refuse to file any | ||||||
12 | required information; or | ||||||
13 | (7) Open or operate a facility without a license. | ||||||
14 | (b) A violation of this Section is a business offense, | ||||||
15 | punishable by a fine not to exceed $10,000, except as otherwise | ||||||
16 | provided in subsection (2) of Section 3-103 as to submission of | ||||||
17 | false or misleading information in a license application. | ||||||
18 | (c) The State's Attorney of the county in which the | ||||||
19 | facility is located, or the Attorney General, shall be notified | ||||||
20 | by the Director of any violations of this Section.
| ||||||
21 | Section 3-320. Review under Administrative Review Law. All | ||||||
22 | final administrative decisions of the Department under this Act | ||||||
23 | are subject to judicial review under the Administrative Review | ||||||
24 | Law, as now or hereafter amended, and the rules adopted | ||||||
25 | pursuant thereto. The term "administrative decision" is |
| |||||||
| |||||||
1 | defined as in Section 3-101 of the Code of Civil Procedure. | ||||||
2 | PART 4. DISCHARGE AND TRANSFER | ||||||
3 | Section 3-401. Involuntary transfer or discharge of | ||||||
4 | resident. A facility may involuntarily transfer or discharge a | ||||||
5 | resident only for one or more of the following reasons: | ||||||
6 | (a) for medical reasons; | ||||||
7 | (b) for the resident's physical safety; | ||||||
8 | (c) for the physical safety of other residents, the
| ||||||
9 | facility staff or facility visitors; or | ||||||
10 | (d) for either late payment or nonpayment for the
| ||||||
11 | resident's stay, except as prohibited by Titles XVIII and XIX | ||||||
12 | of the federal Social Security Act. For purposes of this | ||||||
13 | Section, "late payment" means non receipt of payment after | ||||||
14 | submission of a bill. If payment is not received within 45 days | ||||||
15 | after submission of a bill, a facility may send a notice to the | ||||||
16 | resident and responsible party requesting payment within 30 | ||||||
17 | days. If payment is not received within such 30 days, the | ||||||
18 | facility may thereupon institute transfer or discharge | ||||||
19 | proceedings by sending a notice of transfer or discharge to the | ||||||
20 | resident and responsible party by registered or certified mail. | ||||||
21 | The notice shall state, in addition to the requirements of | ||||||
22 | Section 3-403 of this Act, that the responsible party has the | ||||||
23 | right to pay the amount of the bill in full up to the date the | ||||||
24 | transfer or discharge is to be made and then the resident shall |
| |||||||
| |||||||
1 | have the right to remain in the facility. Such payment shall | ||||||
2 | terminate the transfer or discharge proceedings. This | ||||||
3 | subsection does not apply to those residents whose care is | ||||||
4 | provided for under the Illinois Public Aid Code. The Department | ||||||
5 | shall adopt rules setting forth the criteria and procedures to | ||||||
6 | be applied in cases of involuntary transfer or discharge | ||||||
7 | permitted under this Section.
| ||||||
8 | Section 3-401.1. Medical assistance recipients.
| ||||||
9 | (a) A facility participating in the Medical Assistance | ||||||
10 | Program is prohibited from failing or refusing to retain as a | ||||||
11 | resident any person because he or she is a recipient of or an | ||||||
12 | applicant for the Medical Assistance Program. | ||||||
13 | (a-5) A facility of which only a distinct part is certified | ||||||
14 | to participate in the Medical Assistance Program may refuse to | ||||||
15 | retain as a resident any person who resides in a part of the | ||||||
16 | facility that does not participate in the Medical Assistance | ||||||
17 | Program and who is unable to pay for his or her care in the | ||||||
18 | facility without Medical Assistance only if: | ||||||
19 | (1) the facility, no later than at the time of
| ||||||
20 | admission and at the time of the resident's contract | ||||||
21 | renewal, explains to the resident (unless he or she is | ||||||
22 | incompetent), and to the resident's representative, and to | ||||||
23 | the person making payment on behalf of the resident for the | ||||||
24 | resident's stay, in writing, that the facility may | ||||||
25 | discharge the resident if the resident is no longer able to |
| |||||||
| |||||||
1 | pay for his or her care in the facility without Medical | ||||||
2 | Assistance; | ||||||
3 | (2) the resident (unless he or she is incompetent),
the | ||||||
4 | resident's representative, and the person making payment | ||||||
5 | on behalf of the resident for the resident's stay, | ||||||
6 | acknowledge in writing that they have received the written | ||||||
7 | explanation. | ||||||
8 | (a-10) For the purposes of this Section, a recipient or | ||||||
9 | applicant shall be considered a resident in the facility during | ||||||
10 | any hospital stay totaling 10 days or less following a hospital | ||||||
11 | admission. The Department of Healthcare and Family Services | ||||||
12 | shall recoup funds from a facility when, as a result of the | ||||||
13 | facility's refusal to readmit a recipient after | ||||||
14 | hospitalization for 10 days or less, the recipient incurs | ||||||
15 | hospital bills in an amount greater than the amount that would | ||||||
16 | have been paid by that Department for care of the recipient in | ||||||
17 | the facility. The amount of the recoupment shall be the | ||||||
18 | difference between the Department of Healthcare and Family | ||||||
19 | Services' payment for hospital care and the amount that | ||||||
20 | Department would have paid for care in the facility. | ||||||
21 | (b) A facility which violates this Section shall be guilty | ||||||
22 | of a business offense and fined not less than $500 nor more | ||||||
23 | than $1,000 for the first offense and not less than $1,000 nor | ||||||
24 | more than $5,000 for each subsequent offense. | ||||||
25 | Section 3-402. Notice of involuntary transfer or |
| |||||||
| |||||||
1 | discharge. Involuntary transfer or discharge of a resident from | ||||||
2 | a facility shall be preceded by the discussion required under | ||||||
3 | Section 3-408 and by a minimum written notice of 21 days, | ||||||
4 | except in one of the following instances: | ||||||
5 | (a) when an emergency transfer or discharge is ordered by | ||||||
6 | the resident's attending physician because of the resident's | ||||||
7 | health care needs; or | ||||||
8 | (b) when the transfer or discharge is mandated by the | ||||||
9 | physical safety of other residents, the facility staff, or | ||||||
10 | facility visitors, as documented in the clinical record. The | ||||||
11 | Department shall be notified prior to any such involuntary | ||||||
12 | transfer or discharge. The Department shall immediately offer | ||||||
13 | transfer, or discharge and relocation assistance to residents | ||||||
14 | transferred or discharged under this subparagraph (b), and the | ||||||
15 | Department may place relocation teams as provided in Section | ||||||
16 | 3-419 of this Act.
| ||||||
17 | Section 3-403. Contents of notice; right to hearing. The | ||||||
18 | notice required by Section 3-402 shall be on a form prescribed | ||||||
19 | by the Department and shall contain all of the following: | ||||||
20 | (a) The stated reason for the proposed transfer or | ||||||
21 | discharge; | ||||||
22 | (b) The effective date of the proposed transfer or | ||||||
23 | discharge; | ||||||
24 | (c) A statement in not less than 12 point type, which | ||||||
25 | reads: "You have a right to appeal the facility's decision to |
| |||||||
| |||||||
1 | transfer or discharge you. If you think you should not have to | ||||||
2 | leave this facility, you may file a request for a hearing with | ||||||
3 | the Department of Public Health within 10 days after receiving | ||||||
4 | this notice. If you request a hearing, it will be held not | ||||||
5 | later than 10 days after your request, and you generally will | ||||||
6 | not be transferred or discharged during that time. If the | ||||||
7 | decision following the hearing is not in your favor, you | ||||||
8 | generally will not be transferred or discharged prior to the | ||||||
9 | expiration of 30 days following receipt of the original notice | ||||||
10 | of the transfer or discharge. A form to appeal the facility's | ||||||
11 | decision and to request a hearing is attached. If you have any | ||||||
12 | questions, call the Department of Public Health at the | ||||||
13 | telephone number listed below."; | ||||||
14 | (d) A hearing request form, together with a postage paid, | ||||||
15 | preaddressed envelope to the Department; and | ||||||
16 | (e) The name, address, and telephone number of the person | ||||||
17 | charged with the responsibility of supervising the transfer or | ||||||
18 | discharge.
| ||||||
19 | Section 3-404. Request for hearing; effect on transfer. A | ||||||
20 | request for a hearing made under Section 3-403 shall stay a | ||||||
21 | transfer pending a hearing or appeal of the decision, unless a | ||||||
22 | condition which would have allowed transfer or discharge in | ||||||
23 | less than 21 days as described under paragraphs (a) and (b) of | ||||||
24 | Section 3-402 develops in the interim. |
| |||||||
| |||||||
1 | Section 3-405. Copy of notice in resident's record; copy to | ||||||
2 | Department. A copy of the notice required by Section 3-402 | ||||||
3 | shall be placed in the resident's clinical record and a copy | ||||||
4 | shall be transmitted to the Department, the resident, the | ||||||
5 | resident's representative, and, if the resident's care is paid | ||||||
6 | for in whole or part through Title XIX, the Department of | ||||||
7 | Healthcare and Family Services. | ||||||
8 | Section 3-406. Medical assistance recipient; transfer or | ||||||
9 | discharge as result of action by Department of Healthcare and | ||||||
10 | Family Services. When the basis for an involuntary transfer or | ||||||
11 | discharge is the result of an action by the Department of | ||||||
12 | Healthcare and Family Services with respect to a recipient of | ||||||
13 | Title XIX and a hearing request is filed with the Department of | ||||||
14 | Healthcare and Family Services, the 21-day written notice | ||||||
15 | period shall not begin until a final decision in the matter is | ||||||
16 | rendered by the Department of Healthcare and Family Services or | ||||||
17 | a court of competent jurisdiction and notice of that final | ||||||
18 | decision is received by the resident and the facility. | ||||||
19 | Section 3-407. Nonpayment as basis for transfer or | ||||||
20 | discharge. When nonpayment is the basis for involuntary | ||||||
21 | transfer or discharge, the resident shall have the right to | ||||||
22 | redeem up to the date that the discharge or transfer is to be | ||||||
23 | made and then shall have the right to remain in the facility. |
| |||||||
| |||||||
1 | Section 3-408. Discussion of planned transfer or | ||||||
2 | discharge. The planned involuntary transfer or discharge shall | ||||||
3 | be discussed with the resident, the resident's representative | ||||||
4 | and person or agency responsible for the resident's placement, | ||||||
5 | maintenance, and care in the facility. The explanation and | ||||||
6 | discussion of the reasons for involuntary transfer or discharge | ||||||
7 | shall include the facility administrator or other appropriate | ||||||
8 | facility representative as the administrator's designee. The | ||||||
9 | content of the discussion and explanation shall be summarized | ||||||
10 | in writing and shall include the names of the individuals | ||||||
11 | involved in the discussions and made a part of the resident's | ||||||
12 | clinical record. | ||||||
13 | Section 3-409. Counseling services. The facility shall | ||||||
14 | offer the resident counseling services before the transfer or | ||||||
15 | discharge of the resident. | ||||||
16 | Section 3-410. Request for hearing on transfer or | ||||||
17 | discharge. A resident subject to involuntary transfer or | ||||||
18 | discharge from a facility, the resident's guardian or if the | ||||||
19 | resident is a minor, his parent shall have the opportunity to | ||||||
20 | file a request for a hearing with the Department within 10 days | ||||||
21 | following receipt of the written notice of the involuntary | ||||||
22 | transfer or discharge by the facility. | ||||||
23 | Section 3-411. Hearing; time. The Department of Public |
| |||||||
| |||||||
1 | Health, when the basis for involuntary transfer or discharge is | ||||||
2 | other than action by the Department of Healthcare and Family | ||||||
3 | Services with respect to the Title XIX Medicaid recipient, | ||||||
4 | shall hold a hearing at the resident's facility not later than | ||||||
5 | 10 days after a hearing request is filed, and render a decision | ||||||
6 | within 14 days after the filing of the hearing request. | ||||||
7 | Section 3-412. Conduct of hearing. The hearing before the | ||||||
8 | Department provided under Section 3-411 shall be conducted as | ||||||
9 | prescribed under Section 3-703. In determining whether a | ||||||
10 | transfer or discharge is authorized, the burden of proof in | ||||||
11 | this hearing rests on the person requesting the transfer or | ||||||
12 | discharge. | ||||||
13 | Section 3-413. Time for leaving facility. If the Department | ||||||
14 | determines that a transfer or discharge is authorized under | ||||||
15 | Section 3-401, the resident shall not be required to leave the | ||||||
16 | facility before the 34th day following receipt of the notice | ||||||
17 | required under Section 3-402, or the 10th day following receipt | ||||||
18 | of the Department's decision, whichever is later, unless a | ||||||
19 | condition which would have allowed transfer or discharge in | ||||||
20 | less than 21 days as described under paragraphs (a) and (b) of | ||||||
21 | Section 3-402 develops in the interim. | ||||||
22 | Section 3-414. Continuation of medical assistance funding. | ||||||
23 | The Department of Healthcare and Family Services shall continue |
| |||||||
| |||||||
1 | Title XIX Medicaid funding during the appeal, transfer, or | ||||||
2 | discharge period for those residents who are Title XIX | ||||||
3 | recipients affected by Section 3-401. | ||||||
4 | Section 3-415. Transfer or discharge by Department; | ||||||
5 | grounds. The Department may transfer or discharge any resident | ||||||
6 | from any facility required to be licensed under this Act when | ||||||
7 | any of the following conditions exist: | ||||||
8 | (a) Such facility is operating without a license; | ||||||
9 | (b) The Department has suspended, revoked or refused to | ||||||
10 | renew the license of the facility as provided under Section | ||||||
11 | 3-119; | ||||||
12 | (c) The facility has requested the aid of the Department in | ||||||
13 | the transfer or discharge of the resident and the Department | ||||||
14 | finds that the resident consents to transfer or discharge; | ||||||
15 | (d) The facility is closing or intends to close and | ||||||
16 | adequate arrangement for relocation of the resident has not | ||||||
17 | been made at least 30 days prior to closure; or | ||||||
18 | (e) The Department determines that an emergency exists | ||||||
19 | which requires immediate transfer or discharge of the resident.
| ||||||
20 | Section 3-416. Transfer or discharge by Department; | ||||||
21 | likelihood of serious harm. In deciding to transfer or | ||||||
22 | discharge a resident from a facility under Section 3-415, the | ||||||
23 | Department shall consider the likelihood of serious harm which | ||||||
24 | may result if the resident remains in the facility. |
| |||||||
| |||||||
1 | Section 3-417. Relocation assistance. The Department shall | ||||||
2 | offer transfer or discharge and relocation assistance to | ||||||
3 | residents transferred or discharged under Sections 3-401 | ||||||
4 | through 3-415, including information on available alternative | ||||||
5 | placements. Residents shall be involved in planning the | ||||||
6 | transfer or discharge and shall choose among the available | ||||||
7 | alternative placements, except that where an emergency makes | ||||||
8 | prior resident involvement impossible the Department may make a | ||||||
9 | temporary placement until a final placement can be arranged. | ||||||
10 | Residents may choose their final alternative placement and | ||||||
11 | shall be given assistance in transferring to such place. No | ||||||
12 | resident may be forced to remain in a temporary or permanent | ||||||
13 | placement. Where the Department makes or participates in making | ||||||
14 | the relocation decision, consideration shall be given to | ||||||
15 | proximity to the resident's relatives and friends. The resident | ||||||
16 | shall be allowed 3 visits to potential alternative placements | ||||||
17 | prior to removal, except where medically contraindicated or | ||||||
18 | where the need for immediate transfer or discharge requires | ||||||
19 | reduction in the number of visits. | ||||||
20 | Section 3-418. Transfer or discharge plans. The Department | ||||||
21 | shall prepare resident transfer or discharge plans to assure | ||||||
22 | safe and orderly removals and protect residents' health, | ||||||
23 | safety, welfare and rights. In nonemergencies, and where | ||||||
24 | possible in emergencies, the Department shall design and |
| |||||||
| |||||||
1 | implement such plans in advance of transfer or discharge. | ||||||
2 | Section 3-419. Relocation teams. The Department may place | ||||||
3 | relocation teams in any facility from which residents are being | ||||||
4 | discharged or transferred for any reason, for the purpose of | ||||||
5 | implementing transfer or discharge plans. | ||||||
6 | Section 3-420. Transfer or discharge by Department; | ||||||
7 | notice. In any transfer or discharge conducted under Sections | ||||||
8 | 3-415 through 3-418 the Department shall do the following: | ||||||
9 | (a) Provide written notice to the facility prior to the | ||||||
10 | transfer or discharge. The notice shall state the basis for the | ||||||
11 | order of transfer or discharge and shall inform the facility of | ||||||
12 | its right to an informal conference prior to transfer or | ||||||
13 | discharge under this Section, and its right to a subsequent | ||||||
14 | hearing under Section 3-422. If a facility desires to contest a | ||||||
15 | nonemergency transfer or discharge, prior to transfer or | ||||||
16 | discharge it shall, within 4 working days after receipt of the | ||||||
17 | notice, send a written request for an informal conference to | ||||||
18 | the Department. The Department shall, within 4 working days | ||||||
19 | from the receipt of the request, hold an informal conference in | ||||||
20 | the county in which the facility is located. Following this | ||||||
21 | conference, the Department may affirm, modify or overrule its | ||||||
22 | previous decision. Except in an emergency, transfer or | ||||||
23 | discharge may not begin until the period for requesting a | ||||||
24 | conference has passed or, if a conference is requested, until |
| |||||||
| |||||||
1 | after a conference has been held. | ||||||
2 | (b) Provide written notice to any resident to be removed, | ||||||
3 | to the resident's representative, if any, and to a member of | ||||||
4 | the resident's family, where practicable, prior to the removal. | ||||||
5 | The notice shall state the reason for which transfer or | ||||||
6 | discharge is ordered and shall inform the resident of the | ||||||
7 | resident's right to challenge the transfer or discharge under | ||||||
8 | Section 3-422. The Department shall hold an informal conference | ||||||
9 | with the resident or the resident's representative prior to | ||||||
10 | transfer or discharge at which the resident or the | ||||||
11 | representative may present any objections to the proposed | ||||||
12 | transfer or discharge plan or alternative placement.
| ||||||
13 | Section 3-421. Notice of emergency. In any transfer or | ||||||
14 | discharge conducted under subsection (e) of Section 3-415, the | ||||||
15 | Department shall notify the facility and any resident to be | ||||||
16 | removed that an emergency has been found to exist and removal | ||||||
17 | has been ordered, and shall involve the residents in removal | ||||||
18 | planning if possible. Following emergency removal, the | ||||||
19 | Department shall provide written notice to the facility, to the | ||||||
20 | resident, to the resident's representative, if any, and to a | ||||||
21 | member of the resident's family, where practicable, of the | ||||||
22 | basis for the finding that an emergency existed and of the | ||||||
23 | right to challenge removal under Section 3-422. | ||||||
24 | Section 3-422. Hearing to challenge transfer or discharge. |
| |||||||
| |||||||
1 | Within 10 days following transfer or discharge, the facility or | ||||||
2 | any resident transferred or discharged may send a written | ||||||
3 | request to the Department for a hearing under Section 3-703 to | ||||||
4 | challenge the transfer or discharge. The Department shall hold | ||||||
5 | the hearing within 30 days of receipt of the request. The | ||||||
6 | hearing shall be held at the facility from which the resident | ||||||
7 | is being transferred or discharged, unless the resident or | ||||||
8 | resident's representative, requests an alternative hearing | ||||||
9 | site. If the facility prevails, it may file a claim against the | ||||||
10 | State under the Court of Claims Act for payments lost less | ||||||
11 | expenses saved as a result of the transfer or discharge. No | ||||||
12 | resident transferred or discharged may be held liable for the | ||||||
13 | charge for care which would have been made had the resident | ||||||
14 | remained in the facility. If a resident prevails, the resident | ||||||
15 | may file a claim against the State under the Court of Claims | ||||||
16 | Act for any excess expenses directly caused by the order to | ||||||
17 | transfer or discharge. The Department shall assist the resident | ||||||
18 | in returning to the facility if assistance is requested. | ||||||
19 | Section 3-423. Closure of facility; notice. Any owner of a | ||||||
20 | facility licensed under this Act shall give 90 days notice | ||||||
21 | prior to voluntarily closing a facility or closing any part of | ||||||
22 | a facility, or prior to closing any part of a facility if | ||||||
23 | closing such part will require the transfer or discharge of | ||||||
24 | more than 10% of the residents. Such notice shall be given to | ||||||
25 | the Department, to any resident who must be transferred or |
| |||||||
| |||||||
1 | discharged, to the resident's representative, and to a member | ||||||
2 | of the resident's family, where practicable. Notice shall state | ||||||
3 | the proposed date of closing and the reason for closing. The | ||||||
4 | facility shall offer to assist the resident in securing an | ||||||
5 | alternative placement and shall advise the resident on | ||||||
6 | available alternatives. Where the resident is unable to choose | ||||||
7 | an alternate placement and is not under guardianship, the | ||||||
8 | Department shall be notified of the need for relocation | ||||||
9 | assistance. The facility shall comply with all applicable laws | ||||||
10 | and regulations until the date of closing, including those | ||||||
11 | related to transfer or discharge of residents. The Department | ||||||
12 | may place a relocation team in the facility as provided under | ||||||
13 | Section 3-419. | ||||||
14 | PART 5. MONITORS AND RECEIVERSHIP | ||||||
15 | Section 3-501. Monitor or receiver for facility; grounds. | ||||||
16 | The Department may place an employee or agent to serve as a | ||||||
17 | monitor in a facility or may petition the circuit court for | ||||||
18 | appointment of a receiver for a facility, or both, when any of | ||||||
19 | the following conditions exist: | ||||||
20 | (a) The facility is operating without a license; | ||||||
21 | (b) The Department has suspended, revoked or refused
to | ||||||
22 | renew the existing license of the facility; | ||||||
23 | (c) The facility is closing or has informed the
Department | ||||||
24 | that it intends to close and adequate arrangements for |
| |||||||
| |||||||
1 | relocation of residents have not been made at least 30 days | ||||||
2 | prior to closure; | ||||||
3 | (d) The Department determines that an emergency
exists, | ||||||
4 | whether or not it has initiated revocation or nonrenewal | ||||||
5 | procedures, if because of the unwillingness or inability of the | ||||||
6 | licensee to remedy the emergency the Department believes a | ||||||
7 | monitor or receiver is necessary; or | ||||||
8 | (e) The Department is notified that the facility is
| ||||||
9 | terminated or will not be renewed for participation in the | ||||||
10 | federal reimbursement program under either Title XVIII or Title | ||||||
11 | XIX of the Social Security Act.
As used in subsection (d) and | ||||||
12 | Section 3-503, "emergency" means a threat to the health, safety | ||||||
13 | or welfare of a resident that the facility is unwilling or | ||||||
14 | unable to correct. | ||||||
15 | Section 3-502. Placement of monitor by Department. In any | ||||||
16 | situation described in Section 3-501, the Department may place | ||||||
17 | a qualified person to act as monitor in the facility. The | ||||||
18 | monitor shall observe operation of the facility, assist the | ||||||
19 | facility by advising it on how to comply with the State | ||||||
20 | regulations, and shall report periodically to the Department on | ||||||
21 | the operation of the facility. | ||||||
22 | Section 3-503. Emergency; petition for receiver. Where a | ||||||
23 | resident, a resident's representative or a resident's next of | ||||||
24 | kin believes that an emergency exists each of them, |
| |||||||
| |||||||
1 | collectively or separately, may file a verified petition to the | ||||||
2 | circuit court for the county in which the facility is located | ||||||
3 | for an order placing the facility under the control of a | ||||||
4 | receiver. | ||||||
5 | Section 3-504. Hearing on petition for receiver; grounds | ||||||
6 | for appointment of receiver. The court shall hold a hearing | ||||||
7 | within 5 days of the filing of the petition. The petition and | ||||||
8 | notice of the hearing shall be served on the owner, | ||||||
9 | administrator or designated agent of the facility as provided | ||||||
10 | under the Civil Practice Law, or the petition and notice of | ||||||
11 | hearing shall be posted in a conspicuous place in the facility | ||||||
12 | not later than 3 days before the time specified for the | ||||||
13 | hearing, unless a different period is fixed by order of the | ||||||
14 | court. The court shall appoint a receiver for a limited time | ||||||
15 | period, not to exceed 180 days, if it finds that: | ||||||
16 | (a) The facility is operating without a license; | ||||||
17 | (b) The Department has suspended, revoked or refused to | ||||||
18 | renew the existing license of a facility; | ||||||
19 | (c) The facility is closing or has informed the Department | ||||||
20 | that it intends to close and adequate arrangements for | ||||||
21 | relocation of residents have not been made at least 30 days | ||||||
22 | prior to closure; or | ||||||
23 | (d) An emergency exists, whether or not the Department has | ||||||
24 | initiated revocation or nonrenewal procedures, if because of | ||||||
25 | the unwillingness or inability of the licensee to remedy the |
| |||||||
| |||||||
1 | emergency the appointment of a receiver is necessary.
| ||||||
2 | Section 3-505. Emergency; time for hearing. If a petition | ||||||
3 | filed under Section 3-503 alleges that the conditions set out | ||||||
4 | in subsection 3-504 (d) exist within a facility, the court may | ||||||
5 | set the matter for hearing at the earliest possible time. The | ||||||
6 | petitioner shall notify the licensee, administrator of the | ||||||
7 | facility, or registered agent of the licensee prior to the | ||||||
8 | hearing. Any form of written notice may be used. A receivership | ||||||
9 | shall not be established ex parte unless the court determines | ||||||
10 | that the conditions set out in subsection 3-504(d) exist in a | ||||||
11 | facility; that the licensee cannot be found; and that the | ||||||
12 | petitioner has exhausted all reasonable means of locating and | ||||||
13 | notifying the licensee, administrator or registered agent. | ||||||
14 | Section 3-506. Appointment of receiver. The court may | ||||||
15 | appoint any qualified person as a receiver, except it shall not | ||||||
16 | appoint any owner or affiliate of the facility which is in | ||||||
17 | receivership as its receiver. The Department shall maintain a | ||||||
18 | list of such persons to operate facilities which the court may | ||||||
19 | consider. The court shall give preference to licensed nursing | ||||||
20 | home administrators in appointing a receiver. | ||||||
21 | Section 3-507. Health, safety, and welfare of residents. | ||||||
22 | The receiver shall make provisions for the continued health, | ||||||
23 | safety and welfare of all residents of the facility. |
| |||||||
| |||||||
1 | Section 3-508. Receiver's powers and duties. A receiver | ||||||
2 | appointed under this Act: | ||||||
3 | (a) Shall exercise those powers and shall perform those | ||||||
4 | duties set out by the court. | ||||||
5 | (b) Shall operate the facility in such a manner as to | ||||||
6 | assure safety and adequate health care for the residents. | ||||||
7 | (c) Shall have the same rights to possession of the | ||||||
8 | building in which the facility is located and of all goods and | ||||||
9 | fixtures in the building at the time the petition for | ||||||
10 | receivership is filed as the owner would have had if the | ||||||
11 | receiver had not been appointed, and of all assets of the | ||||||
12 | facility. The receiver shall take such action as is reasonably | ||||||
13 | necessary to protect or conserve the assets or property of | ||||||
14 | which the receiver takes possession, or the proceeds from any | ||||||
15 | transfer thereof, and may use them only in the performance of | ||||||
16 | the powers and duties set forth in this Section and by order of | ||||||
17 | the court. | ||||||
18 | (d) May use the building, fixtures, furnishings and any | ||||||
19 | accompanying consumable goods in the provision of care and | ||||||
20 | services to residents and to any other persons receiving | ||||||
21 | services from the facility at the time the petition for | ||||||
22 | receivership was filed. The receiver shall collect payments for | ||||||
23 | all goods and services provided to residents or others during | ||||||
24 | the period of the receivership at the same rate of payment | ||||||
25 | charged by the owners at the time the petition for receivership |
| |||||||
| |||||||
1 | was filed. | ||||||
2 | (e) May correct or eliminate any deficiency in the | ||||||
3 | structure or furnishings of the facility which endangers the | ||||||
4 | safety or health of residents while they remain in the | ||||||
5 | facility, provided the total cost of correction does not exceed | ||||||
6 | $3,000. The court may order expenditures for this purpose in | ||||||
7 | excess of $3,000 on application from the receiver after notice | ||||||
8 | to the owner and hearing. | ||||||
9 | (f) May let contracts and hire agents and employees to | ||||||
10 | carry out the powers and duties of the receiver under this | ||||||
11 | Section. | ||||||
12 | (g) Except as specified in Section 3-510, shall honor all | ||||||
13 | leases, mortgages and secured transactions governing the | ||||||
14 | building in which the facility is located and all goods and | ||||||
15 | fixtures in the building of which the receiver has taken | ||||||
16 | possession, but only to the extent of payments which, in the | ||||||
17 | case of a rental agreement, are for the use of the property | ||||||
18 | during the period of the receivership, or which, in the case of | ||||||
19 | a purchase agreement, come due during the period of the | ||||||
20 | receivership. | ||||||
21 | (h) Shall have full power to direct and manage and to | ||||||
22 | discharge employees of the facility, subject to any contract | ||||||
23 | rights they may have. The receiver shall pay employees at the | ||||||
24 | same rate of compensation, including benefits, that the | ||||||
25 | employees would have received from the owner. Receivership does | ||||||
26 | not relieve the owner of any obligation to employees not |
| |||||||
| |||||||
1 | carried out by the receiver. | ||||||
2 | (i) Shall, if any resident is transferred or discharged, | ||||||
3 | follow the procedures set forth in Part 4 of this Article. | ||||||
4 | (j) Shall be entitled to and shall take possession of all | ||||||
5 | property or assets of residents which are in the possession of | ||||||
6 | a facility or its owner. The receiver shall preserve all | ||||||
7 | property, assets and records of residents of which the receiver | ||||||
8 | takes possession and shall provide for the prompt transfer of | ||||||
9 | the property, assets and records to the new placement of any | ||||||
10 | transferred resident. | ||||||
11 | (k) Shall report to the court on any actions he has taken | ||||||
12 | to bring the facility into compliance with this Act or with | ||||||
13 | Title XVIII or XIX of the Social Security Act that he believes | ||||||
14 | should be continued when the receivership is terminated in | ||||||
15 | order to protect the health, safety or welfare of the | ||||||
16 | residents.
| ||||||
17 | Section 3-509. Payment for goods or services provided by | ||||||
18 | receiver. | ||||||
19 | (a) A person who is served with notice of an order of the | ||||||
20 | court appointing a receiver and of the receiver's name and | ||||||
21 | address shall be liable to pay the receiver for any goods or | ||||||
22 | services provided by the receiver after the date of the order | ||||||
23 | if the person would have been liable for the goods or services | ||||||
24 | as supplied by the owner. The receiver shall give a receipt for | ||||||
25 | each payment and shall keep a copy of each receipt on file. The |
| |||||||
| |||||||
1 | receiver shall deposit amounts received in a separate account | ||||||
2 | and shall use this account for all disbursements. | ||||||
3 | (b) The receiver may bring an action to enforce the | ||||||
4 | liability created by subsection (a) of this Section. | ||||||
5 | (c) A payment to the receiver of any sum owing to the | ||||||
6 | facility or its owner shall discharge any obligation to the | ||||||
7 | facility to the extent of the payment.
| ||||||
8 | Section 3-510. Receiver's avoidance of obligations; | ||||||
9 | reasonable rental, price, or rate of interest to be paid by | ||||||
10 | receiver. | ||||||
11 | (a) A receiver may petition the court that he not be | ||||||
12 | required to honor any lease, mortgage, secured transaction or | ||||||
13 | other wholly or partially executory contract entered into by | ||||||
14 | the owner of the facility if the rent, price or rate of | ||||||
15 | interest required to be paid under the agreement was | ||||||
16 | substantially in excess of a reasonable rent, price or rate of | ||||||
17 | interest at the time the contract was entered into, or if any | ||||||
18 | material provision of the agreement was unreasonable. | ||||||
19 | (b) If the receiver is in possession of real estate or | ||||||
20 | goods subject to a lease, mortgage or security interest which | ||||||
21 | the receiver has obtained a court order to avoid under | ||||||
22 | subsection (a) of this Section, and if the real estate or goods | ||||||
23 | are necessary for the continued operation of the facility under | ||||||
24 | this Section, the receiver may apply to the court to set a | ||||||
25 | reasonable rental, price or rate of interest to be paid by the |
| |||||||
| |||||||
1 | receiver during the duration of the receivership. The court | ||||||
2 | shall hold a hearing on the application within 15 days. The | ||||||
3 | receiver shall send notice of the application to any known | ||||||
4 | persons who own the property involved at least 10 days prior to | ||||||
5 | the hearing. Payment by the receiver of the amount determined | ||||||
6 | by the court to be reasonable is a defense to any action | ||||||
7 | against the receiver for payment or for possession of the goods | ||||||
8 | or real estate subject to the lease, security interest or | ||||||
9 | mortgage involved by any person who received such notice, but | ||||||
10 | the payment does not relieve the owner of the facility of any | ||||||
11 | liability for the difference between the amount paid by the | ||||||
12 | receiver and the amount due under the original lease, security | ||||||
13 | interest or mortgage involved.
| ||||||
14 | Section 3-511. Insufficient funds collected; reimbursement | ||||||
15 | of receiver by Department. If funds collected under Sections | ||||||
16 | 3-508 and 3-509 are insufficient to meet the expenses of | ||||||
17 | performing the powers and duties conferred on the receiver, or | ||||||
18 | if there are insufficient funds on hand to meet those expenses, | ||||||
19 | the Department may reimburse the receiver for those expenses | ||||||
20 | from funds appropriated for its ordinary and contingent | ||||||
21 | expenses by the General Assembly after funds contained in the | ||||||
22 | Long Term Care Monitor/Receiver Fund have been exhausted. | ||||||
23 | Section 3-512. Receiver's compensation. The court shall | ||||||
24 | set the compensation of the receiver, which will be considered |
| |||||||
| |||||||
1 | a necessary expense of a receivership under Section 3-516. | ||||||
2 | Section 3-513. Action against receiver. | ||||||
3 | (a) In any action or special proceeding brought against a | ||||||
4 | receiver in the receiver's official capacity for acts committed | ||||||
5 | while carrying out powers and duties under this Article, the | ||||||
6 | receiver shall be considered a public employee under the Local | ||||||
7 | Governmental and Governmental Employees Tort Immunity Act, as | ||||||
8 | now or hereafter amended. | ||||||
9 | (b) A receiver may be held liable in a personal capacity | ||||||
10 | only for the receiver's own gross negligence, intentional acts | ||||||
11 | or breach of fiduciary duty. | ||||||
12 | (c) The court may require a receiver to post a bond.
| ||||||
13 | Section 3-514. License to facility in receivership. Other | ||||||
14 | provisions of this Act notwithstanding, the Department may | ||||||
15 | issue a license to a facility placed in receivership. The | ||||||
16 | duration of a license issued under this Section is limited to | ||||||
17 | the duration of the receivership. | ||||||
18 | Section 3-515. Termination of receivership. The court may | ||||||
19 | terminate a receivership: | ||||||
20 | (a) If the time period specified in the order
appointing | ||||||
21 | the receiver elapses and is not extended; | ||||||
22 | (b) If the court determines that the receivership is
no | ||||||
23 | longer necessary because the conditions which gave rise to the |
| |||||||
| |||||||
1 | receivership no longer exist; or the Department grants the | ||||||
2 | facility a new license, whether the structure of the facility, | ||||||
3 | the right to operate the facility, or the land on which it is | ||||||
4 | located is under the same or different ownership; or | ||||||
5 | (c) If all of the residents in the facility have
been | ||||||
6 | transferred or discharged.
Before terminating a receivership, | ||||||
7 | the court may order the Department to require any licensee to | ||||||
8 | comply with the recommendations of the receiver made under | ||||||
9 | subsection (k) of Section 3-508. A licensee may petition the | ||||||
10 | court to be relieved of this requirement. | ||||||
11 | Section 3-516. Accounting by receiver; Department's lien. | ||||||
12 | (a) Within 30 days after termination, the receiver shall | ||||||
13 | give the court a complete accounting of all property of which | ||||||
14 | the receiver has taken possession, of all funds collected, and | ||||||
15 | of the expenses of the receivership. | ||||||
16 | (b) If the operating funds collected by the receiver under | ||||||
17 | Sections 3-508 and 3-509 exceed the reasonable expenses of the | ||||||
18 | receivership, the court shall order payment of the surplus to | ||||||
19 | the owner, after reimbursement of funds drawn from the | ||||||
20 | contingency fund under Section 3-511. If the operating funds | ||||||
21 | are insufficient to cover the reasonable expenses of the | ||||||
22 | receivership, the owner shall be liable for the deficiency. | ||||||
23 | Payment recovered from the owner shall be used to reimburse the | ||||||
24 | contingency fund for amounts drawn by the receiver under | ||||||
25 | Section 3-511. |
| |||||||
| |||||||
1 | (c) The Department shall have a lien for any payment made | ||||||
2 | under Section 3-511 upon any beneficial interest, direct or | ||||||
3 | indirect, of any owner in the following property: | ||||||
4 | (1) The building in which the facility is located; | ||||||
5 | (2) Any fixtures, equipment or goods used in the | ||||||
6 | operation of the facility; | ||||||
7 | (3) The land on which the facility is located; or | ||||||
8 | (4) The proceeds from any conveyance of property | ||||||
9 | described in subparagraphs (1), (2) or (3) above, made by | ||||||
10 | the owner within one year prior to the filing of the | ||||||
11 | petition for receivership. | ||||||
12 | (d) The lien provided by this Section is prior to any lien | ||||||
13 | or other interest which originates subsequent to the filing of | ||||||
14 | a petition for receivership under this Article, except for a | ||||||
15 | construction or mechanic's lien arising out of work performed | ||||||
16 | with the express consent of the receiver. | ||||||
17 | (e) The receiver shall, within 60 days after termination of | ||||||
18 | the receivership, file a notice of any lien created under this | ||||||
19 | Section. If the lien is on real property, the notice shall be | ||||||
20 | filed with the recorder. If the lien is on personal property, | ||||||
21 | the lien shall be filed with the Secretary of State. The notice | ||||||
22 | shall specify the name of the person against whom the lien is | ||||||
23 | claimed, the name of the receiver, the dates of the petition | ||||||
24 | for receivership and the termination of receivership, a | ||||||
25 | description of the property involved and the amount claimed. No | ||||||
26 | lien shall exist under this Article against any person, on any |
| |||||||
| |||||||
1 | property, or for any amount not specified in the notice filed | ||||||
2 | under this subsection (e). | ||||||
3 | Section 3-517. Civil and criminal liability during | ||||||
4 | receivership. Nothing in this Act shall be deemed to relieve | ||||||
5 | any owner, administrator or employee of a facility placed in | ||||||
6 | receivership of any civil or criminal liability incurred, or | ||||||
7 | any duty imposed by law, by reason of acts or omissions of the | ||||||
8 | owner, administrator, or employee prior to the appointment of a | ||||||
9 | receiver; nor shall anything contained in this Act be construed | ||||||
10 | to suspend during the receivership any obligation of the owner, | ||||||
11 | administrator, or employee for payment of taxes or other | ||||||
12 | operating and maintenance expenses of the facility nor of the | ||||||
13 | owner, administrator, employee or any other person for the | ||||||
14 | payment of mortgages or liens. The owner shall retain the right | ||||||
15 | to sell or mortgage any facility under receivership, subject to | ||||||
16 | approval of the court which ordered the receivership | ||||||
17 | PART 6. DUTIES | ||||||
18 | Section 3-601. Liability for injury to resident. The owner | ||||||
19 | and licensee are liable to a resident for any intentional or | ||||||
20 | negligent act or omission of their agents or employees which | ||||||
21 | injures the resident. | ||||||
22 | Section 3-602. Damages for violation of resident's rights. |
| |||||||
| |||||||
1 | The licensee shall pay the actual damages and costs and | ||||||
2 | attorney's fees to a facility resident whose rights, as | ||||||
3 | specified in Part 1 of Article II of this Act, are violated. | ||||||
4 | Section 3-603. Action by resident. A resident may maintain | ||||||
5 | an action under this Act for any other type of relief, | ||||||
6 | including injunctive and declaratory relief, permitted by law. | ||||||
7 | Section 3-604. Class action; remedies cumulative. Any | ||||||
8 | damages recoverable under Sections 3-601 through 3-607, | ||||||
9 | including minimum damages as provided by these Sections, may be | ||||||
10 | recovered in any action which a court may authorize to be | ||||||
11 | brought as a class action pursuant to the Civil Practice Law. | ||||||
12 | The remedies provided in Sections 3-601 through 3-607, are in | ||||||
13 | addition to and cumulative with any other legal remedies | ||||||
14 | available to a resident. Exhaustion of any available | ||||||
15 | administrative remedies shall not be required prior to | ||||||
16 | commencement of suit hereunder. | ||||||
17 | Section 3-605. Amount of damages; no effect on medical | ||||||
18 | assistance eligibility. The amount of damages recovered by a | ||||||
19 | resident in an action brought under Sections 3-601 through | ||||||
20 | 3-607 shall be exempt for purposes of determining initial or | ||||||
21 | continuing eligibility for medical assistance under the | ||||||
22 | Illinois Public Aid Code, as now or hereafter amended, and | ||||||
23 | shall neither be taken into consideration nor required to be |
| |||||||
| |||||||
1 | applied toward the payment or partial payment of the cost of | ||||||
2 | medical care or services available under the Illinois Public | ||||||
3 | Aid Code. | ||||||
4 | Section 3-606. Waiver of resident's right to bring action | ||||||
5 | prohibited. Any waiver by a resident or his legal | ||||||
6 | representative of the right to commence an action under | ||||||
7 | Sections 3-601 through 3-607, whether oral or in writing, shall | ||||||
8 | be null and void, and without legal force or effect. | ||||||
9 | Section 3-607. Trial by jury. Any party to an action | ||||||
10 | brought under Sections 3-601 through 3-607 shall be entitled to | ||||||
11 | a trial by jury and any waiver of the right to a trial by a | ||||||
12 | jury, whether oral or in writing, prior to the commencement of | ||||||
13 | an action, shall be null and void, and without legal force or | ||||||
14 | effect. | ||||||
15 | Section 3-608. Retaliation against resident prohibited. A | ||||||
16 | licensee or its agents or employees shall not transfer, | ||||||
17 | discharge, evict, harass, dismiss, or retaliate against a | ||||||
18 | resident, a resident's representative, or an employee or agent | ||||||
19 | who makes a report under Section 2-107, brings or testifies in | ||||||
20 | an action under Sections 3-601 through 3-607, or files a | ||||||
21 | complaint under Section 3-702, because of the report, | ||||||
22 | testimony, or complaint. |
| |||||||
| |||||||
1 | Section 3-609. Immunity from liability for making report. | ||||||
2 | Any person, institution or agency, under this Act, | ||||||
3 | participating in good faith in the making of a report, or in | ||||||
4 | the investigation of such a report shall not be deemed to have | ||||||
5 | violated any privileged communication and shall have immunity | ||||||
6 | from any liability, civil, criminal or any other proceedings, | ||||||
7 | civil or criminal as a consequence of making such report. The | ||||||
8 | good faith of any persons required to report, or permitted to | ||||||
9 | report, cases of suspected resident abuse or neglect under this | ||||||
10 | Act, shall be presumed. | ||||||
11 | Section 3-610. Duty to report violations. | ||||||
12 | (a) A facility employee or agent who becomes aware of abuse | ||||||
13 | or neglect of a resident prohibited by Section 2-107 shall | ||||||
14 | immediately report the matter to the Department and to the | ||||||
15 | facility administrator. A facility administrator who becomes | ||||||
16 | aware of abuse or neglect of a resident prohibited by Section | ||||||
17 | 2-107 shall immediately report the matter by telephone and in | ||||||
18 | writing to the resident's representative, and to the | ||||||
19 | Department. Any person may report a violation of Section 2-107 | ||||||
20 | to the Department.
| ||||||
21 | (b) A facility employee or agent who becomes aware of | ||||||
22 | another facility employee or agent's theft or misappropriation | ||||||
23 | of a resident's property must immediately report the matter to | ||||||
24 | the facility administrator. A facility administrator who | ||||||
25 | becomes aware of a facility employee or agent's theft or |
| |||||||
| |||||||
1 | misappropriation of a resident's property must immediately | ||||||
2 | report the matter by telephone and in writing to the resident's | ||||||
3 | representative, to the Department, and to the local law | ||||||
4 | enforcement agency. Neither a licensee nor its employees or | ||||||
5 | agents may dismiss or otherwise retaliate against a facility | ||||||
6 | employee or agent who reports the theft or misappropriation of | ||||||
7 | a resident's property under this subsection.
| ||||||
8 | Section 3-611. Employee as perpetrator of abuse. When an | ||||||
9 | investigation of a report of suspected abuse of a recipient | ||||||
10 | indicates, based upon credible evidence, that an employee of a | ||||||
11 | long term care facility is the perpetrator of the abuse, that | ||||||
12 | employee shall immediately be barred from any further contact | ||||||
13 | with residents of the facility, pending the outcome of any | ||||||
14 | further investigation, prosecution or disciplinary action | ||||||
15 | against the employee. | ||||||
16 | Section 3-612. Resident as perpetrator of abuse. When an | ||||||
17 | investigation of a report of suspected abuse of a resident | ||||||
18 | indicates, based upon credible evidence, that another resident | ||||||
19 | of the long term care facility is the perpetrator of the abuse, | ||||||
20 | that resident's condition shall be immediately evaluated to | ||||||
21 | determine the most suitable therapy and placement for the | ||||||
22 | resident, considering the safety of that resident as well as | ||||||
23 | the safety of other residents and employees of the facility. |
| |||||||
| |||||||
1 | PART 7. COMPLAINT, HEARING, AND APPEAL | ||||||
2 | Section 3-701. Public nuisance; action for injunction. The | ||||||
3 | operation or maintenance of a facility in violation of this | ||||||
4 | Act, or of the rules and regulations promulgated by the | ||||||
5 | Department, is declared a public nuisance inimical to the | ||||||
6 | public welfare. The Director in the name of the people of the | ||||||
7 | State, through the Attorney General, or the State's Attorney of | ||||||
8 | the county in which the facility is located, or in respect to | ||||||
9 | any city, village or incorporated town which provides for the | ||||||
10 | licensing and regulation of any or all such facilities, the | ||||||
11 | Director or the mayor or president of the Board of Trustees, as | ||||||
12 | the case may require, of the city, village or incorporated | ||||||
13 | town, in the name of the people of the State, through the | ||||||
14 | Attorney General or State's attorney of the county in which the | ||||||
15 | facility is located, may, in addition to other remedies herein | ||||||
16 | provided, bring action for an injunction to restrain such | ||||||
17 | violation or to enjoin the future operation or maintenance of | ||||||
18 | any such facility. | ||||||
19 | Section 3-702. Request for investigation of violation. | ||||||
20 | (a) A person who believes that this Act or a rule | ||||||
21 | promulgated under this Act may have been violated may request | ||||||
22 | an investigation. The request may be submitted to the | ||||||
23 | Department in writing, by telephone, or by personal visit. An | ||||||
24 | oral complaint shall be reduced to writing by the Department. |
| |||||||
| |||||||
1 | The Department shall request information identifying the | ||||||
2 | complainant, including the name, address and telephone number, | ||||||
3 | to help enable appropriate follow up. The Department shall act | ||||||
4 | on such complaints via on site visits or other methods deemed | ||||||
5 | appropriate to handle the complaints with or without such | ||||||
6 | identifying information, as otherwise provided under this | ||||||
7 | Section. The complainant shall be informed that compliance with | ||||||
8 | such request is not required to satisfy the procedures for | ||||||
9 | filing a complaint under this Act. | ||||||
10 | (b) The substance of the complaint shall be provided in | ||||||
11 | writing to the licensee, owner or administrator no earlier than | ||||||
12 | at the commencement of an on site inspection of the facility | ||||||
13 | which takes place pursuant to the complaint. | ||||||
14 | (c) The Department shall not disclose the name of the | ||||||
15 | complainant unless the complainant consents in writing to the | ||||||
16 | disclosure or the investigation results in a judicial | ||||||
17 | proceeding, or unless disclosure is essential to the | ||||||
18 | investigation. The complainant shall be given the opportunity | ||||||
19 | to withdraw the complaint before disclosure. Upon the request | ||||||
20 | of the complainant, the Department may permit the complainant | ||||||
21 | or a representative of the complainant to accompany the person | ||||||
22 | making the on site inspection of the facility. | ||||||
23 | (d) Upon receipt of a complaint, the Department shall | ||||||
24 | determine whether this Act or a rule promulgated under this Act | ||||||
25 | has been or is being violated. The Department shall investigate | ||||||
26 | all complaints alleging abuse or neglect within 7 days after |
| |||||||
| |||||||
1 | the receipt of the complaint except that complaints of abuse or | ||||||
2 | neglect which indicate that a resident's life or safety is in | ||||||
3 | imminent danger shall be investigated within 24 hours after | ||||||
4 | receipt of the complaint. All other complaints shall be | ||||||
5 | investigated within 30 days after the receipt of the complaint. | ||||||
6 | The Department employees investigating a complaint shall | ||||||
7 | conduct a brief, informal exit conference with the facility to | ||||||
8 | alert its administration of any suspected serious deficiency | ||||||
9 | that poses a direct threat to the health, safety or welfare of | ||||||
10 | a resident to enable an immediate correction for the | ||||||
11 | alleviation or elimination of such threat. Such information and | ||||||
12 | findings discussed in the brief exit conference shall become a | ||||||
13 | part of the investigating record but shall not in any way | ||||||
14 | constitute an official or final notice of violation as provided | ||||||
15 | under Section 3-301. All complaints shall be classified as "an | ||||||
16 | invalid report", "a valid report", or "an undetermined report". | ||||||
17 | For any complaint classified as "a valid report", the | ||||||
18 | Department must determine within 30 working days if any rule or | ||||||
19 | provision of this Act has been or is being violated. | ||||||
20 | (d-1) The Department shall, whenever possible, combine an | ||||||
21 | on site investigation of a complaint in a facility with other | ||||||
22 | inspections in order to avoid duplication of inspections. | ||||||
23 | (e) In all cases, the Department shall inform the | ||||||
24 | complainant of its findings within 10 days of its determination | ||||||
25 | unless otherwise indicated by the complainant, and the | ||||||
26 | complainant may direct the Department to send a copy of such |
| |||||||
| |||||||
1 | findings to another person. The Department's findings may | ||||||
2 | include comments or documentation provided by either the | ||||||
3 | complainant or the licensee pertaining to the complaint. The | ||||||
4 | Department shall also notify the facility of such findings | ||||||
5 | within 10 days of the determination, but the name of the | ||||||
6 | complainant or residents shall not be disclosed in this notice | ||||||
7 | to the facility. The notice of such findings shall include a | ||||||
8 | copy of the written determination; the correction order, if | ||||||
9 | any; the warning notice, if any; the inspection report; or the | ||||||
10 | State licensure form on which the violation is listed. | ||||||
11 | (f) A written determination, correction order, or warning | ||||||
12 | notice concerning a complaint, together with the facility's | ||||||
13 | response, shall be available for public inspection, but the | ||||||
14 | name of the complainant or resident shall not be disclosed | ||||||
15 | without his consent. | ||||||
16 | (g) A complainant who is dissatisfied with the | ||||||
17 | determination or investigation by the Department may request a | ||||||
18 | hearing under Section 3-703. The facility shall be given notice | ||||||
19 | of any such hearing and may participate in the hearing as a | ||||||
20 | party. If a facility requests a hearing under Section 3-703 | ||||||
21 | which concerns a matter covered by a complaint, the complainant | ||||||
22 | shall be given notice and may participate in the hearing as a | ||||||
23 | party. A request for a hearing by either a complainant or a | ||||||
24 | facility shall be submitted in writing to the Department within | ||||||
25 | 30 days after the mailing of the Department's findings as | ||||||
26 | described in subsection (e) of this Section. Upon receipt of |
| |||||||
| |||||||
1 | the request the Department shall conduct a hearing as provided | ||||||
2 | under Section 3-703. | ||||||
3 | (h) Any person who knowingly transmits a false report to | ||||||
4 | the Department commits the offense of disorderly conduct under | ||||||
5 | subsection (a)(8) of Section 26-1 of the Criminal Code of 1961.
| ||||||
6 | Section 3-703. Hearing to contest decision; applicable | ||||||
7 | provisions. Any person requesting a hearing pursuant to | ||||||
8 | Sections 2-110, 3-115, 3-118, 3-119, 3-301, 3-303, 3-309, | ||||||
9 | 3-410, 3-422 or 3-702 to contest a decision rendered in a | ||||||
10 | particular case may have such decision reviewed in accordance | ||||||
11 | with Sections 3-703 through 3-712. | ||||||
12 | Section 3-704. Hearing; notice; commencement. A request | ||||||
13 | for a hearing by aggrieved persons shall be taken to the | ||||||
14 | Department as follows: | ||||||
15 | (a) Upon the receipt of a request in writing for a hearing, | ||||||
16 | the Director or a person designated in writing by the Director | ||||||
17 | to act as a hearing officer shall conduct a hearing to review | ||||||
18 | the decision. | ||||||
19 | (b) Before the hearing is held notice of the hearing shall | ||||||
20 | be sent by the Department to the person making the request for | ||||||
21 | the hearing and to the person making the decision which is | ||||||
22 | being reviewed. In the notice the Department shall specify the | ||||||
23 | date, time and place of the hearing which shall be held not | ||||||
24 | less than 10 days after the notice is mailed or delivered. The |
| |||||||
| |||||||
1 | notice shall designate the decision being reviewed. The notice | ||||||
2 | may be served by delivering it personally to the parties or | ||||||
3 | their representatives or by mailing it by certified mail to the | ||||||
4 | parties' addresses. | ||||||
5 | (c) The Department shall commence the hearing within 30 | ||||||
6 | days of the receipt of request for hearing. The hearing shall | ||||||
7 | proceed as expeditiously as practicable, but in all cases shall | ||||||
8 | conclude within 90 days of commencement.
| ||||||
9 | Section 3-705. Subpoenas. The Director or hearing officer | ||||||
10 | may compel by subpoena or subpoena duces tecum the attendance | ||||||
11 | and testimony of witnesses and the production of books and | ||||||
12 | papers, and administer oaths to witnesses. | ||||||
13 | Section 3-706. Appearance at hearing; depositions; record. | ||||||
14 | The Director or hearing officer shall permit any party to | ||||||
15 | appear in person and to be represented by counsel at the | ||||||
16 | hearing, at which time the applicant or licensee shall be | ||||||
17 | afforded an opportunity to present all relevant matter in | ||||||
18 | support of his position. In the event of the inability of any | ||||||
19 | party or the Department to procure the attendance of witnesses | ||||||
20 | to give testimony or produce books and papers, any party or the | ||||||
21 | Department may take the deposition of witnesses in accordance | ||||||
22 | with the provisions of the laws of this State. All testimony | ||||||
23 | taken at a hearing shall be reduced to writing, and all such | ||||||
24 | testimony and other evidence introduced at the hearing shall be |
| |||||||
| |||||||
1 | a part of the record of the hearing. | ||||||
2 | Section 3-707. Findings of fact; decision. The Director or | ||||||
3 | hearing officer shall make findings of fact in such hearing, | ||||||
4 | and the Director shall render his decision within 30 days after | ||||||
5 | the termination of the hearing, unless additional time not to | ||||||
6 | exceed 90 days is required by him for a proper disposition of | ||||||
7 | the matter. When the hearing has been conducted by a hearing | ||||||
8 | officer, the Director shall review the record and findings of | ||||||
9 | fact before rendering a decision. All decisions rendered by the | ||||||
10 | Director shall be binding upon and complied with by the | ||||||
11 | Department, the facility or the persons involved in the | ||||||
12 | hearing, as appropriate to each case. | ||||||
13 | Section 3-708. Rules of evidence and procedure. The | ||||||
14 | Director or hearing officer shall not be bound by common law or | ||||||
15 | statutory rules of evidence, or by technical or formal rules of | ||||||
16 | procedure, but shall conduct hearings in the manner best | ||||||
17 | calculated to result in substantial justice. | ||||||
18 | Section 3-709. Service of subpoenas; witness fees. All | ||||||
19 | subpoenas issued by the Director or hearing officer may be | ||||||
20 | served as provided for in civil actions. The fees of witnesses | ||||||
21 | for attendance and travel shall be the same as the fees for | ||||||
22 | witnesses before the circuit court and shall be paid by the | ||||||
23 | party to such proceeding at whose request the subpoena is |
| |||||||
| |||||||
1 | issued. If such subpoena is issued at the request of the | ||||||
2 | Department or by a person proceeding in forma pauperis the | ||||||
3 | witness fee shall be paid by the Department as an | ||||||
4 | administrative expense. | ||||||
5 | Section 3-710. Compelling obedience to subpoena. In cases | ||||||
6 | of refusal of a witness to attend or testify or to produce | ||||||
7 | books or papers, concerning any matter upon which he might be | ||||||
8 | lawfully examined, the circuit court of the county wherein the | ||||||
9 | hearing is held, upon application of any party to the | ||||||
10 | proceeding, may compel obedience by a proceeding for contempt | ||||||
11 | as in cases of a like refusal to obey a similar order of the | ||||||
12 | court. | ||||||
13 | Section 3-711. Record of hearing; transcript. The | ||||||
14 | Department, at its expense, shall provide a stenographer to | ||||||
15 | take the testimony, or otherwise record the testimony, and | ||||||
16 | preserve a record of all proceedings under this Section. The | ||||||
17 | notice of hearing, the complaint and all other documents in the | ||||||
18 | nature of pleadings and written motions filed in the | ||||||
19 | proceedings, the transcript of testimony, and the findings and | ||||||
20 | decision shall be the record of the proceedings. The Department | ||||||
21 | shall furnish a transcript of such record to any person | ||||||
22 | interested in such hearing upon payment therefor of 70 cents | ||||||
23 | per page for each original transcript and 25 cents per page for | ||||||
24 | each certified copy thereof. However, the charge for any part |
| |||||||
| |||||||
1 | of such transcript ordered and paid for previous to the writing | ||||||
2 | of the original record shall be 25 cents per page. | ||||||
3 | Section 3-712. Certification of record; fee. The | ||||||
4 | Department shall not be required to certify any record or file | ||||||
5 | any answer or otherwise appear in any proceeding for judicial | ||||||
6 | review under Section 3-713 of this Act unless the party filing | ||||||
7 | the complaint deposits with the clerk of the court the sum of | ||||||
8 | 95 cents per page, representing the costs of such | ||||||
9 | certification. Failure on the part of the plaintiff to make | ||||||
10 | such deposit shall be grounds for dismissal of the action; | ||||||
11 | provided, however, that persons proceeding in forma pauperis | ||||||
12 | with the approval of the circuit court shall not be required to | ||||||
13 | pay these fees. | ||||||
14 | Section 3-713. Judicial review; stay of enforcement of | ||||||
15 | Department's decision. | ||||||
16 | (a) Final administrative decisions after hearing shall be | ||||||
17 | subject to judicial review exclusively as provided in the | ||||||
18 | Administrative Review Law, as now or hereafter amended, except | ||||||
19 | that any petition for judicial review of Department action | ||||||
20 | under this Act shall be filed within 15 days after receipt of | ||||||
21 | notice of the final agency determination. The term | ||||||
22 | "administrative decision" has the meaning ascribed to it in | ||||||
23 | Section 3-101 of the Code of Civil Procedure. | ||||||
24 | (b) The court may stay enforcement of the Department's |
| |||||||
| |||||||
1 | final decision or toll the continuing accrual of a penalty | ||||||
2 | under Section 3-305 if a showing is made that there is a | ||||||
3 | substantial probability that the party seeking review will | ||||||
4 | prevail on the merits and will suffer irreparable harm if a | ||||||
5 | stay is not granted, and that the facility will meet the | ||||||
6 | requirements of this Act and the rules promulgated under this | ||||||
7 | Act during such stay. Where a stay is granted the court may | ||||||
8 | impose such conditions on the granting of the stay as may be | ||||||
9 | necessary to safeguard the lives, health, rights, safety and | ||||||
10 | welfare of residents, and to assure compliance by the facility | ||||||
11 | with the requirements of this Act, including an order for | ||||||
12 | transfer or discharge of residents under Sections 3-401 through | ||||||
13 | 3-423 or for appointment of a receiver under Sections 3-501 | ||||||
14 | through 3-517. | ||||||
15 | (c) Actions brought under this Act shall be set for trial | ||||||
16 | at the earliest possible date and shall take precedence on the | ||||||
17 | court calendar over all other cases except matters to which | ||||||
18 | equal or superior precedence is specifically granted by law.
| ||||||
19 | Section 3-714. Remedies cumulative. The remedies provided | ||||||
20 | by this Act are cumulative and shall not be construed as | ||||||
21 | restricting any party from seeking any remedy, provisional or | ||||||
22 | otherwise, provided by law for the benefit of the party, from | ||||||
23 | obtaining additional relief based upon the same facts. | ||||||
24 | PART 8. MISCELLANEOUS PROVISIONS |
| |||||||
| |||||||
1 | Section 3-801. Rules and regulations. The Department shall | ||||||
2 | have the power to adopt rules and regulations to carry out the | ||||||
3 | purpose of this Act. | ||||||
4 | Section 3-801.1. Access to records of resident with | ||||||
5 | developmental disabilities. Notwithstanding the other | ||||||
6 | provisions of this Act to the contrary, the agency designated | ||||||
7 | by the Governor under Section 1 of "An Act in relation to the | ||||||
8 | protection and advocacy of the rights of persons with | ||||||
9 | developmental disabilities, and amending Acts therein named", | ||||||
10 | enacted by the 84th General Assembly, shall have access to the | ||||||
11 | records of a person with developmental disabilities who resides | ||||||
12 | in a facility, subject to the limitations of this Act. The | ||||||
13 | agency shall also have access for the purpose of inspection and | ||||||
14 | copying, to the records of a person with developmental | ||||||
15 | disabilities who resides in any such facility if (1) a | ||||||
16 | complaint is received by such agency from or on behalf of the | ||||||
17 | person with a developmental disability, and (2) such person | ||||||
18 | does not have a guardian or the State or the designee of the | ||||||
19 | State is the guardian of such person. The designated agency | ||||||
20 | shall provide written notice to the person with developmental | ||||||
21 | disabilities and the State guardian of the nature of the | ||||||
22 | complaint based upon which the designated agency has gained | ||||||
23 | access to the records. No record or the contents of any record | ||||||
24 | shall be redisclosed by the designated agency unless the person |
| |||||||
| |||||||
1 | with developmental disabilities and the State guardian are | ||||||
2 | provided 7 days advance written notice, except in emergency | ||||||
3 | situations, of the designated agency's intent to redisclose | ||||||
4 | such record, during which time the person with developmental | ||||||
5 | disabilities or the State guardian may seek to judicially | ||||||
6 | enjoin the designated agency's redisclosure of such record on | ||||||
7 | the grounds that such redisclosure is contrary to the interests | ||||||
8 | of the person with developmental disabilities. If a person with | ||||||
9 | developmental disabilities resides in such a facility and has a | ||||||
10 | guardian other than the State or the designee of the State, the | ||||||
11 | facility director shall disclose the guardian's name, address, | ||||||
12 | and telephone number to the designated agency at the agency's | ||||||
13 | request. | ||||||
14 | Upon request, the designated agency shall be entitled to | ||||||
15 | inspect and copy any records or other materials which may | ||||||
16 | further the agency's investigation of problems affecting | ||||||
17 | numbers of persons with developmental disabilities. When | ||||||
18 | required by law any personally identifiable information of | ||||||
19 | persons with a developmental disability shall be removed from | ||||||
20 | the records. However, the designated agency may not inspect or | ||||||
21 | copy any records or other materials when the removal of | ||||||
22 | personally identifiable information imposes an unreasonable | ||||||
23 | burden on the facility.
For the purposes of this Section, | ||||||
24 | "developmental disability" means a severe, chronic disability | ||||||
25 | of a person which: | ||||||
26 | (A) is attributable to a mental or physical impairment |
| |||||||
| |||||||
1 | or combination of mental and physical impairments; | ||||||
2 | (B) is manifested before the person attains age 22; | ||||||
3 | (C) is likely to continue indefinitely; | ||||||
4 | (D) results in substantial functional limitations in 3 | ||||||
5 | or more of the following areas of major life activity: (i) | ||||||
6 | self care, (ii) receptive and expressive language, (iii) | ||||||
7 | learning, (iv) mobility, (v) self direction, (vi) capacity | ||||||
8 | for independent living, and (vii) economic self | ||||||
9 | sufficiency; and | ||||||
10 | (E) reflects the person's need for combination and | ||||||
11 | sequence of special, interdisciplinary or generic care, | ||||||
12 | treatment or other services which are of lifelong or | ||||||
13 | extended duration and are individually planned and | ||||||
14 | coordinated.
| ||||||
15 | Section 3-802. Illinois Administrative Procedure Act. The | ||||||
16 | provisions of the Illinois Administrative Procedure Act are | ||||||
17 | hereby expressly adopted and shall apply to all administrative | ||||||
18 | rules and procedures of the Department under this Act. | ||||||
19 | Section 3-803. Treatment by prayer or spiritual means. | ||||||
20 | Nothing in this Act or the rules and regulations adopted | ||||||
21 | pursuant thereto shall be construed as authorizing the medical | ||||||
22 | supervision, regulation, or control of the remedial care or | ||||||
23 | treatment of residents in any facility conducted for those who | ||||||
24 | rely upon treatment by prayer or spiritual means in accordance |
| |||||||
| |||||||
1 | with the creed or tenets of any well recognized church or | ||||||
2 | religious denomination. | ||||||
3 | Section 3-804. Report to General Assembly. The Department | ||||||
4 | shall report to the General Assembly by April 1 of each year | ||||||
5 | upon the performance of its inspection, survey and evaluation | ||||||
6 | duties under this Act, including the number and needs of the | ||||||
7 | Department personnel engaged in such activities. The report | ||||||
8 | shall also describe the Department's actions in enforcement of | ||||||
9 | this Act, including the number and needs of personnel so | ||||||
10 | engaged. The report shall also include the number of valid and | ||||||
11 | invalid complaints filed with the Department within the last | ||||||
12 | calendar year. | ||||||
13 | ARTICLE 90. AMENDATORY PROVISIONS | ||||||
14 | Section 90-5. The Department of Human Services Act is | ||||||
15 | amended by changing Section 1-17 as follows: | ||||||
16 | (20 ILCS 1305/1-17) | ||||||
17 | Sec. 1-17. Inspector General. | ||||||
18 | (a) Appointment; powers and duties. The Governor shall | ||||||
19 | appoint, and the Senate shall confirm, an Inspector General. | ||||||
20 | The Inspector General shall be appointed for a term of 4 years | ||||||
21 | and shall function within the Department of Human Services and | ||||||
22 | report to the Secretary of Human Services and the Governor. The |
| |||||||
| |||||||
1 | Inspector General shall function independently within the | ||||||
2 | Department of Human Services with respect to the operations of | ||||||
3 | the office, including the performance of investigations and | ||||||
4 | issuance of findings and recommendations. The appropriation | ||||||
5 | for the Office of Inspector General shall be separate from the | ||||||
6 | overall appropriation for the Department of Human Services. The | ||||||
7 | Inspector General shall investigate reports of suspected abuse | ||||||
8 | or neglect (as those terms are defined by the Department of | ||||||
9 | Human Services) of patients or residents in any mental health | ||||||
10 | or developmental disabilities facility operated by the | ||||||
11 | Department of Human Services and shall have authority to | ||||||
12 | investigate and take immediate action on reports of abuse or | ||||||
13 | neglect of recipients, whether patients or residents, in any | ||||||
14 | mental health or developmental disabilities facility or | ||||||
15 | program that is licensed or certified by the Department of | ||||||
16 | Human Services (as successor to the Department of Mental Health | ||||||
17 | and Developmental Disabilities) or that is funded by the | ||||||
18 | Department of Human Services (as successor to the Department of | ||||||
19 | Mental Health and Developmental Disabilities) and is not | ||||||
20 | licensed or certified by any agency of the State. The Inspector | ||||||
21 | General shall also have the authority to investigate alleged or | ||||||
22 | suspected cases of abuse, neglect, and exploitation of adults | ||||||
23 | with disabilities living in domestic settings in the community | ||||||
24 | pursuant to the Abuse of Adults with Disabilities Intervention | ||||||
25 | Act (20 ILCS 2435/). At the specific, written request of an | ||||||
26 | agency of the State other than the Department of Human Services |
| |||||||
| |||||||
1 | (as successor to the Department of Mental Health and | ||||||
2 | Developmental Disabilities), the Inspector General may | ||||||
3 | cooperate in investigating reports of abuse and neglect of | ||||||
4 | persons with mental illness or persons with developmental | ||||||
5 | disabilities. The Inspector General shall have no supervision | ||||||
6 | over or involvement in routine, programmatic, licensure, or | ||||||
7 | certification operations of the Department of Human Services or | ||||||
8 | any of its funded agencies. | ||||||
9 | The Inspector General shall promulgate rules establishing | ||||||
10 | minimum requirements for reporting allegations of abuse and | ||||||
11 | neglect and initiating, conducting, and completing | ||||||
12 | investigations. The promulgated rules shall clearly set forth | ||||||
13 | that in instances where 2 or more State agencies could | ||||||
14 | investigate an allegation of abuse or neglect, the Inspector | ||||||
15 | General shall not conduct an investigation that is redundant to | ||||||
16 | an investigation conducted by another State agency. The rules | ||||||
17 | shall establish criteria for determining, based upon the nature | ||||||
18 | of the allegation, the appropriate method of investigation, | ||||||
19 | which may include, but need not be limited to, site visits, | ||||||
20 | telephone contacts, or requests for written responses from | ||||||
21 | agencies. The rules shall also clarify how the Office of the | ||||||
22 | Inspector General shall interact with the licensing unit of the | ||||||
23 | Department of Human Services in investigations of allegations | ||||||
24 | of abuse or neglect. Any allegations or investigations of | ||||||
25 | reports made pursuant to this Act shall remain confidential | ||||||
26 | until a final report is completed. The resident or patient who |
| |||||||
| |||||||
1 | allegedly was abused or neglected and his or her legal guardian | ||||||
2 | shall be informed by the facility or agency of the report of | ||||||
3 | alleged abuse or neglect. Final reports regarding | ||||||
4 | unsubstantiated or unfounded allegations shall remain | ||||||
5 | confidential, except that final reports may be disclosed | ||||||
6 | pursuant to Section 6 of the Abused and Neglected Long Term | ||||||
7 | Care Facility Residents Reporting Act. | ||||||
8 | For purposes of this Section, "required reporter" means a | ||||||
9 | person who suspects, witnesses, or is informed of an allegation | ||||||
10 | of abuse and neglect at a State-operated facility or a | ||||||
11 | community agency and who is either: (i) a person employed at a | ||||||
12 | State-operated facility or a community agency on or off site | ||||||
13 | who is providing or monitoring services to an individual or | ||||||
14 | individuals or is providing services to the State-operated | ||||||
15 | facility or the community agency; or (ii) any person or | ||||||
16 | contractual agent of the Department of Human Services involved | ||||||
17 | in providing, monitoring, or administering mental health or | ||||||
18 | developmental services, including, but not limited to, payroll | ||||||
19 | personnel, contractors, subcontractors, and volunteers. A | ||||||
20 | required reporter shall report the allegation of abuse or | ||||||
21 | neglect, or cause a report to be made, to the Office of the | ||||||
22 | Inspector General (OIG) Hotline no later than 4 hours after the | ||||||
23 | initial discovery of the incident of alleged abuse or neglect. | ||||||
24 | A required reporter as defined in this paragraph who willfully | ||||||
25 | fails to comply with the reporting requirement is guilty of a | ||||||
26 | Class A misdemeanor. |
| |||||||
| |||||||
1 | For purposes of this Section, "State-operated facility" | ||||||
2 | means a mental health facility or a developmental disability | ||||||
3 | facility as defined in Sections 1-114 and 1-107 of the Mental | ||||||
4 | Health and Developmental Disabilities Code. | ||||||
5 | For purposes of this Section, "community agency" or | ||||||
6 | "agency" means any community entity or program providing mental | ||||||
7 | health or developmental disabilities services that is | ||||||
8 | licensed, certified, or funded by the Department of Human | ||||||
9 | Services and is not licensed or certified by an other human | ||||||
10 | services agency of the State (for example, the Department of | ||||||
11 | Public Health, the Department of Children and Family Services, | ||||||
12 | or the Department of Healthcare and Family Services). | ||||||
13 | When the Office of the Inspector General has substantiated | ||||||
14 | a case of abuse or neglect, the Inspector General shall include | ||||||
15 | in the final report any mitigating or aggravating circumstances | ||||||
16 | that were identified during the investigation. Upon | ||||||
17 | determination that a report of neglect is substantiated, the | ||||||
18 | Inspector General shall then determine whether such neglect | ||||||
19 | rises to the level of egregious neglect. | ||||||
20 | (b) Department of State Police. The Inspector General | ||||||
21 | shall, within 24 hours after determining that a reported | ||||||
22 | allegation of suspected abuse or neglect indicates that any | ||||||
23 | possible criminal act has been committed or that special | ||||||
24 | expertise is required in the investigation, immediately notify | ||||||
25 | the Department of State Police or the appropriate law | ||||||
26 | enforcement entity. The Department of State Police shall |
| |||||||
| |||||||
1 | investigate any report from a State-operated facility | ||||||
2 | indicating a possible murder, rape, or other felony. All | ||||||
3 | investigations conducted by the Inspector General shall be | ||||||
4 | conducted in a manner designed to ensure the preservation of | ||||||
5 | evidence for possible use in a criminal prosecution. | ||||||
6 | (b-5) Preliminary report of investigation; facility or | ||||||
7 | agency response. The Inspector General shall make a | ||||||
8 | determination to accept or reject a preliminary report of the | ||||||
9 | investigation of alleged abuse or neglect based on established | ||||||
10 | investigative procedures. Notice of the Inspector General's | ||||||
11 | determination must be given to the person who claims to be the | ||||||
12 | victim of the abuse or neglect, to the person or persons | ||||||
13 | alleged to have been responsible for abuse or neglect, and to | ||||||
14 | the facility or agency. The facility or agency or the person or | ||||||
15 | persons alleged to have been responsible for the abuse or | ||||||
16 | neglect and the person who claims to be the victim of the abuse | ||||||
17 | or neglect may request clarification or reconsideration based | ||||||
18 | on additional information. For cases where the allegation of | ||||||
19 | abuse or neglect is substantiated, the Inspector General shall | ||||||
20 | require the facility or agency to submit a written response. | ||||||
21 | The written response from a facility or agency shall address in | ||||||
22 | a concise and reasoned manner the actions that the agency or | ||||||
23 | facility will take or has taken to protect the resident or | ||||||
24 | patient from abuse or neglect, prevent reoccurrences, and | ||||||
25 | eliminate problems identified and shall include implementation | ||||||
26 | and completion dates for all such action. |
| |||||||
| |||||||
1 | (c) Inspector General's report; facility's or agency's | ||||||
2 | implementation reports. The Inspector General shall, within 10 | ||||||
3 | calendar days after the transmittal date of a completed | ||||||
4 | investigation where abuse or neglect is substantiated or | ||||||
5 | administrative action is recommended, provide a complete | ||||||
6 | report on the case to the Secretary of Human Services and to | ||||||
7 | the agency in which the abuse or neglect is alleged to have | ||||||
8 | happened. The complete report shall include a written response | ||||||
9 | from the agency or facility operated by the State to the | ||||||
10 | Inspector General that addresses in a concise and reasoned | ||||||
11 | manner the actions that the agency or facility will take or has | ||||||
12 | taken to protect the resident or patient from abuse or neglect, | ||||||
13 | prevent reoccurrences, and eliminate problems identified and | ||||||
14 | shall include implementation and completion dates for all such | ||||||
15 | action. The Secretary of Human Services shall accept or reject | ||||||
16 | the response and establish how the Department will determine | ||||||
17 | whether the facility or program followed the approved response. | ||||||
18 | The Secretary may require Department personnel to visit the | ||||||
19 | facility or agency for training, technical assistance, | ||||||
20 | programmatic, licensure, or certification purposes. | ||||||
21 | Administrative action, including sanctions, may be applied | ||||||
22 | should the Secretary reject the response or should the facility | ||||||
23 | or agency fail to follow the approved response. Within 30 days | ||||||
24 | after the Secretary has approved a response, the facility or | ||||||
25 | agency making the response shall provide an implementation | ||||||
26 | report to the Inspector General on the status of the corrective |
| |||||||
| |||||||
1 | action implemented. Within 60 days after the Secretary has | ||||||
2 | approved the response, the facility or agency shall send notice | ||||||
3 | of the completion of the corrective action or shall send an | ||||||
4 | updated implementation report. The facility or agency shall | ||||||
5 | continue sending updated implementation reports every 60 days | ||||||
6 | until the facility or agency sends a notice of the completion | ||||||
7 | of the corrective action. The Inspector General shall review | ||||||
8 | any implementation plan that takes more than 120 days. The | ||||||
9 | Inspector General shall monitor compliance through a random | ||||||
10 | review of completed corrective actions. This monitoring may | ||||||
11 | include, but need not be limited to, site visits, telephone | ||||||
12 | contacts, or requests for written documentation from the | ||||||
13 | facility or agency to determine whether the facility or agency | ||||||
14 | is in compliance with the approved response. The facility or | ||||||
15 | agency shall inform the resident or patient and the legal | ||||||
16 | guardian whether the reported allegation was substantiated, | ||||||
17 | unsubstantiated, or unfounded. There shall be an appeals | ||||||
18 | process for any person or agency that is subject to any action | ||||||
19 | based on a recommendation or recommendations. | ||||||
20 | (d) Sanctions. The Inspector General may recommend to the | ||||||
21 | Departments of Public Health and Human Services sanctions to be | ||||||
22 | imposed against mental health and developmental disabilities | ||||||
23 | facilities under the jurisdiction of the Department of Human | ||||||
24 | Services for the protection of residents, including | ||||||
25 | appointment of on-site monitors or receivers, transfer or | ||||||
26 | relocation of residents, and closure of units. The Inspector |
| |||||||
| |||||||
1 | General may seek the assistance of the Attorney General or any | ||||||
2 | of the several State's Attorneys in imposing such sanctions. | ||||||
3 | Whenever the Inspector General issues any recommendations to | ||||||
4 | the Secretary of Human Services, the Secretary shall provide a | ||||||
5 | written response. | ||||||
6 | (e) Training programs. The Inspector General shall | ||||||
7 | establish and conduct periodic training programs for | ||||||
8 | Department of Human Services employees and community agency | ||||||
9 | employees concerning the prevention and reporting of neglect | ||||||
10 | and abuse. | ||||||
11 | (f) Access to facilities. The Inspector General shall at | ||||||
12 | all times be granted access to any mental health or | ||||||
13 | developmental disabilities facility operated by the Department | ||||||
14 | of Human Services, shall establish and conduct unannounced site | ||||||
15 | visits to those facilities at least once annually, and shall be | ||||||
16 | granted access, for the purpose of investigating a report of | ||||||
17 | abuse or neglect, to the records of the Department of Human | ||||||
18 | Services and to any facility or program funded by the | ||||||
19 | Department of Human Services that is subject under the | ||||||
20 | provisions of this Section to investigation by the Inspector | ||||||
21 | General for a report of abuse or neglect. | ||||||
22 | (g) Other investigations. Nothing in this Section shall | ||||||
23 | limit investigations by the Department of Human Services that | ||||||
24 | may otherwise be required by law or that may be necessary in | ||||||
25 | that Department's capacity as the central administrative | ||||||
26 | authority responsible for the operation of State mental health |
| |||||||
| |||||||
1 | and developmental disability facilities. | ||||||
2 | (g-5) Health care worker registry. After notice and an | ||||||
3 | opportunity for a hearing that is separate and distinct from | ||||||
4 | the Office of the Inspector General's appeals process as | ||||||
5 | implemented under subsection (c) of this Section, the Inspector | ||||||
6 | General shall report to the Department of Public Health's | ||||||
7 | health care worker registry under Section 3-206.01 of the | ||||||
8 | Nursing Home Care Act or Section 3-206.01 of the MR/DD | ||||||
9 | Community Care Act the identity of individuals against whom | ||||||
10 | there has been a substantiated finding of physical or sexual | ||||||
11 | abuse or egregious neglect of a service recipient. | ||||||
12 | Nothing in this subsection shall diminish or impair the | ||||||
13 | rights of a person who is a member of a collective bargaining | ||||||
14 | unit pursuant to the Illinois Public Labor Relations Act or | ||||||
15 | pursuant to any federal labor statute. An individual who is a | ||||||
16 | member of a collective bargaining unit as described above shall | ||||||
17 | not be reported to the Department of Public Health's health | ||||||
18 | care worker registry until the exhaustion of that individual's | ||||||
19 | grievance and arbitration rights, or until 3 months after the | ||||||
20 | initiation of the grievance process, whichever occurs first, | ||||||
21 | provided that the Department of Human Services' hearing under | ||||||
22 | this subsection regarding the reporting of an individual to the | ||||||
23 | Department of Public Health's health care worker registry has | ||||||
24 | concluded. Notwithstanding anything hereinafter or previously | ||||||
25 | provided, if an action taken by an employer against an | ||||||
26 | individual as a result of the circumstances that led to a |
| |||||||
| |||||||
1 | finding of physical or sexual abuse or egregious neglect is | ||||||
2 | later overturned under a grievance or arbitration procedure | ||||||
3 | provided for in Section 8 of the Illinois Public Labor | ||||||
4 | Relations Act or under a collective bargaining agreement, the | ||||||
5 | report must be removed from the registry. | ||||||
6 | The Department of Human Services shall promulgate or amend | ||||||
7 | rules as necessary or appropriate to establish procedures for | ||||||
8 | reporting to the registry, including the definition of | ||||||
9 | egregious neglect, procedures for notice to the individual and | ||||||
10 | victim, appeal and hearing procedures, and petition for removal | ||||||
11 | of the report from the registry. The portion of the rules | ||||||
12 | pertaining to hearings shall provide that, at the hearing, both | ||||||
13 | parties may present written and oral evidence. The Department | ||||||
14 | shall be required to establish by a preponderance of the | ||||||
15 | evidence that the Office of the Inspector General's finding of | ||||||
16 | physical or sexual abuse or egregious neglect warrants | ||||||
17 | reporting to the Department of Public Health's health care | ||||||
18 | worker registry under Section 3-206.01 of the Nursing Home Care | ||||||
19 | Act or Section 3-206.01 of the MR/DD Community Care Act . | ||||||
20 | Notice to the individual shall include a clear and concise | ||||||
21 | statement of the grounds on which the report to the registry is | ||||||
22 | based and notice of the opportunity for a hearing to contest | ||||||
23 | the report. The Department of Human Services shall provide the | ||||||
24 | notice by certified mail to the last known address of the | ||||||
25 | individual. The notice shall give the individual an opportunity | ||||||
26 | to contest the report in a hearing before the Department of |
| |||||||
| |||||||
1 | Human Services or to submit a written response to the findings | ||||||
2 | instead of requesting a hearing. If the individual does not | ||||||
3 | request a hearing or if after notice and a hearing the | ||||||
4 | Department of Human Services finds that the report is valid, | ||||||
5 | the finding shall be included as part of the registry, as well | ||||||
6 | as a brief statement from the reported individual if he or she | ||||||
7 | chooses to make a statement. The Department of Public Health | ||||||
8 | shall make available to the public information reported to the | ||||||
9 | registry. In a case of inquiries concerning an individual | ||||||
10 | listed in the registry, any information disclosed concerning a | ||||||
11 | finding of abuse or neglect shall also include disclosure of | ||||||
12 | the individual's brief statement in the registry relating to | ||||||
13 | the reported finding or include a clear and accurate summary of | ||||||
14 | the statement. | ||||||
15 | At any time after the report of the registry, an individual | ||||||
16 | may petition the Department of Human Services for removal from | ||||||
17 | the registry of the finding against him or her. Upon receipt of | ||||||
18 | such a petition, the Department of Human Services shall conduct | ||||||
19 | an investigation and hearing on the petition. Upon completion | ||||||
20 | of the investigation and hearing, the Department of Human | ||||||
21 | Services shall report the removal of the finding to the | ||||||
22 | registry unless the Department of Human Services determines | ||||||
23 | that removal is not in the public interest. | ||||||
24 | (h) Quality Care Board. There is created, within the Office | ||||||
25 | of the Inspector General, a Quality Care Board to be composed | ||||||
26 | of 7 members appointed by the Governor with the advice and |
| |||||||
| |||||||
1 | consent of the Senate. One of the members shall be designated | ||||||
2 | as chairman by the Governor. Of the initial appointments made | ||||||
3 | by the Governor, 4 Board members shall each be appointed for a | ||||||
4 | term of 4 years and 3 members shall each be appointed for a | ||||||
5 | term of 2 years. Upon the expiration of each member's term, a | ||||||
6 | successor shall be appointed for a term of 4 years. In the case | ||||||
7 | of a vacancy in the office of any member, the Governor shall | ||||||
8 | appoint a successor for the remainder of the unexpired term. | ||||||
9 | Members appointed by the Governor shall be qualified by | ||||||
10 | professional knowledge or experience in the area of law, | ||||||
11 | investigatory techniques, or in the area of care of the | ||||||
12 | mentally ill or developmentally disabled. Two members | ||||||
13 | appointed by the Governor shall be persons with a disability or | ||||||
14 | a parent of a person with a disability. Members shall serve | ||||||
15 | without compensation, but shall be reimbursed for expenses | ||||||
16 | incurred in connection with the performance of their duties as | ||||||
17 | members. | ||||||
18 | The Board shall meet quarterly, and may hold other meetings | ||||||
19 | on the call of the chairman. Four members shall constitute a | ||||||
20 | quorum. The Board may adopt rules and regulations it deems | ||||||
21 | necessary to govern its own procedures. | ||||||
22 | (i) Scope and function of the Quality Care Board. The Board | ||||||
23 | shall monitor and oversee the operations, policies, and | ||||||
24 | procedures of the Inspector General to assure the prompt and | ||||||
25 | thorough investigation of allegations of neglect and abuse. In | ||||||
26 | fulfilling these responsibilities, the Board may do the |
| |||||||
| |||||||
1 | following: | ||||||
2 | (1) Provide independent, expert consultation to the | ||||||
3 | Inspector General on policies and protocols for | ||||||
4 | investigations of alleged neglect and abuse. | ||||||
5 | (2) Review existing regulations relating to the | ||||||
6 | operation of facilities under the control of the Department | ||||||
7 | of Human Services. | ||||||
8 | (3) Advise the Inspector General as to the content of | ||||||
9 | training activities authorized under this Section. | ||||||
10 | (4) Recommend policies concerning methods for | ||||||
11 | improving the intergovernmental relationships between the | ||||||
12 | Office of the Inspector General and other State or federal | ||||||
13 | agencies. | ||||||
14 | (j) Investigators. The Inspector General shall establish a | ||||||
15 | comprehensive program to ensure that every person employed or | ||||||
16 | newly hired to conduct investigations shall receive training on | ||||||
17 | an on-going basis concerning investigative techniques, | ||||||
18 | communication skills, and the appropriate means of contact with | ||||||
19 | persons admitted or committed to the mental health or | ||||||
20 | developmental disabilities facilities under the jurisdiction | ||||||
21 | of the Department of Human Services. | ||||||
22 | (k) Subpoenas; testimony; penalty. The Inspector General | ||||||
23 | shall have the power to subpoena witnesses and compel the | ||||||
24 | production of books and papers pertinent to an investigation | ||||||
25 | authorized by this Act, provided that the power to subpoena or | ||||||
26 | to compel the production of books and papers shall not extend |
| |||||||
| |||||||
1 | to the person or documents of a labor organization or its | ||||||
2 | representatives insofar as the person or documents of a labor | ||||||
3 | organization relate to the function of representing an employee | ||||||
4 | subject to investigation under this Act. Mental health records | ||||||
5 | of patients shall be confidential as provided under the Mental | ||||||
6 | Health and Developmental Disabilities Confidentiality Act. Any | ||||||
7 | person who fails to appear in response to a subpoena or to | ||||||
8 | answer any question or produce any books or papers pertinent to | ||||||
9 | an investigation under this Act, except as otherwise provided | ||||||
10 | in this Section, or who knowingly gives false testimony in | ||||||
11 | relation to an investigation under this Act is guilty of a | ||||||
12 | Class A misdemeanor. | ||||||
13 | (l) Annual report. The Inspector General shall provide to | ||||||
14 | the General Assembly and the Governor, no later than January 1 | ||||||
15 | of each year, a summary of reports and investigations made | ||||||
16 | under this Act for the prior fiscal year with respect to | ||||||
17 | residents of institutions under the jurisdiction of the | ||||||
18 | Department of Human Services. The report shall detail the | ||||||
19 | imposition of sanctions and the final disposition of those | ||||||
20 | recommendations. The summaries shall not contain any | ||||||
21 | confidential or identifying information concerning the | ||||||
22 | subjects of the reports and investigations. The report shall | ||||||
23 | also include a trend analysis of the number of reported | ||||||
24 | allegations and their disposition, for each facility and | ||||||
25 | Department-wide, for the most recent 3-year time period and a | ||||||
26 | statement, for each facility, of the staffing-to-patient |
| |||||||
| |||||||
1 | ratios. The ratios shall include only the number of direct care | ||||||
2 | staff. The report shall also include detailed recommended | ||||||
3 | administrative actions and matters for consideration by the | ||||||
4 | General Assembly. | ||||||
5 | (m) Program audit. The Auditor General shall conduct a | ||||||
6 | biennial program audit of the Office of the Inspector General | ||||||
7 | in relation to the Inspector General's compliance with this | ||||||
8 | Act. The audit shall specifically include the Inspector | ||||||
9 | General's effectiveness in investigating reports of alleged | ||||||
10 | neglect or abuse of residents in any facility operated by the | ||||||
11 | Department of Human Services and in making recommendations for | ||||||
12 | sanctions to the Departments of Human Services and Public | ||||||
13 | Health. The Auditor General shall conduct the program audit | ||||||
14 | according to the provisions of the Illinois State Auditing Act | ||||||
15 | and shall report its findings to the General Assembly no later | ||||||
16 | than January 1 of each odd-numbered year.
| ||||||
17 | (Source: P.A. 95-545, eff. 8-28-07.) | ||||||
18 | Section 90-10. The Mental Health and Developmental | ||||||
19 | Disabilities Administrative Act is amended by changing Section | ||||||
20 | 15 as follows: | ||||||
21 | (20 ILCS 1705/15) (from Ch. 91 1/2, par. 100-15)
| ||||||
22 | Sec. 15. Before any person is released from a facility
| ||||||
23 | operated by the State pursuant to an absolute discharge or a
| ||||||
24 | conditional discharge from hospitalization under this Act, the
|
| |||||||
| |||||||
1 | facility director of the facility in which such person is
| ||||||
2 | hospitalized shall determine that such person is not currently
| ||||||
3 | in need of hospitalization and:
| ||||||
4 | (a) is able to live independently in the community; or
| ||||||
5 | (b) requires further oversight and supervisory care | ||||||
6 | for which
arrangements have been made with responsible | ||||||
7 | relatives
or supervised residential program approved by | ||||||
8 | the Department; or
| ||||||
9 | (c) requires further personal care or general | ||||||
10 | oversight as
defined by the Nursing Home Care Act or the | ||||||
11 | MR/DD Community Care Act , for which
placement arrangements | ||||||
12 | have been made with a suitable family
home or other | ||||||
13 | licensed facility approved by the Department under this
| ||||||
14 | Section; or
| ||||||
15 | (d) requires community mental health services for | ||||||
16 | which arrangements
have been made with a community mental | ||||||
17 | health provider in accordance
with criteria, standards, | ||||||
18 | and procedures promulgated by rule.
| ||||||
19 | Such determination shall be made in writing and shall | ||||||
20 | become a
part of the facility record of such absolutely or
| ||||||
21 | conditionally discharged person. When the determination | ||||||
22 | indicates that the
condition of the person to be granted an | ||||||
23 | absolute discharge or
a conditional discharge is described | ||||||
24 | under subparagraph (c) or (d) of
this Section, the name and | ||||||
25 | address of the continuing care
facility or home to which such | ||||||
26 | person is to be released shall
be entered in the facility |
| |||||||
| |||||||
1 | record. Where a discharge from a
mental health facility is made | ||||||
2 | under subparagraph (c), the
Department
shall assign the person | ||||||
3 | so discharged to an existing community
based not-for-profit | ||||||
4 | agency for participation in day activities
suitable to the | ||||||
5 | person's needs, such as but not limited to
social and | ||||||
6 | vocational rehabilitation, and other recreational,
educational | ||||||
7 | and financial activities unless the community based
| ||||||
8 | not-for-profit agency is unqualified to accept such | ||||||
9 | assignment.
Where the clientele
of any not-for-profit
agency | ||||||
10 | increases as
a result of assignments under this amendatory Act | ||||||
11 | of
1977 by
more than 3% over the prior year, the Department | ||||||
12 | shall fully
reimburse such agency for the costs of providing
| ||||||
13 | services to
such persons in excess of such 3% increase.
The | ||||||
14 | Department shall keep written records detailing how many | ||||||
15 | persons have
been assigned to a community based not-for-profit | ||||||
16 | agency and how many persons
were not so assigned because the | ||||||
17 | community based agency was unable to
accept the assignments, in | ||||||
18 | accordance with criteria, standards, and procedures
| ||||||
19 | promulgated by rule. Whenever a community based agency is found | ||||||
20 | to be
unable to accept the assignments, the name of the agency | ||||||
21 | and the reason for the
finding shall be
included in the report.
| ||||||
22 | Insofar as desirable in the interests of the former | ||||||
23 | recipient, the
facility, program or home in which the | ||||||
24 | discharged person
is to be placed shall be located in or near | ||||||
25 | the community in which the
person resided prior to | ||||||
26 | hospitalization or in the community in
which the person's |
| |||||||
| |||||||
1 | family or nearest next of kin presently reside.
Placement of | ||||||
2 | the discharged person in facilities, programs or homes located
| ||||||
3 | outside of this State shall not be made by the Department | ||||||
4 | unless
there are no appropriate facilities, programs or homes | ||||||
5 | available within this
State. Out-of-state placements shall be | ||||||
6 | subject to return of recipients
so placed upon the availability | ||||||
7 | of facilities, programs or homes within this
State to | ||||||
8 | accommodate these recipients, except where placement in a | ||||||
9 | contiguous
state results in locating a recipient in a facility | ||||||
10 | or program closer to the
recipient's home or family. If an | ||||||
11 | appropriate facility or program becomes
available equal to or | ||||||
12 | closer to the recipient's home or family, the recipient
shall | ||||||
13 | be returned to and placed at the appropriate facility or | ||||||
14 | program within
this State.
| ||||||
15 | To place any person who is under a program of the | ||||||
16 | Department
at board in a suitable family home or in such other | ||||||
17 | facility or program as
the Department may consider desirable. | ||||||
18 | The Department may place
in licensed nursing homes, sheltered | ||||||
19 | care homes, or homes for
the aged those persons whose | ||||||
20 | behavioral manifestations and medical
and nursing care needs | ||||||
21 | are such as to be substantially indistinguishable
from persons | ||||||
22 | already living in such facilities. Prior to any
placement by | ||||||
23 | the Department under this Section, a determination
shall be | ||||||
24 | made by the personnel of the
Department, as to the capability | ||||||
25 | and suitability of such
facility to adequately meet the needs | ||||||
26 | of the person to be
discharged. When specialized
programs are |
| |||||||
| |||||||
1 | necessary in order to enable persons in need of
supervised | ||||||
2 | living to develop and improve in the community, the
Department | ||||||
3 | shall place such persons only in specialized residential
care | ||||||
4 | facilities which shall meet Department standards including
| ||||||
5 | restricted admission policy, special staffing and programming
| ||||||
6 | for social and vocational rehabilitation, in addition to the
| ||||||
7 | requirements of the appropriate State licensing agency. The
| ||||||
8 | Department shall not place any new person in a facility the
| ||||||
9 | license of which has been revoked or not renewed on grounds
of | ||||||
10 | inadequate programming, staffing, or medical or adjunctive
| ||||||
11 | services, regardless of the pendency of an action
for | ||||||
12 | administrative review regarding such revocation or failure
to | ||||||
13 | renew. Before the Department may transfer any person to a
| ||||||
14 | licensed nursing home, sheltered care home or home for the
aged | ||||||
15 | or place any person in a specialized residential care
facility | ||||||
16 | the Department shall notify the person to be
transferred, or a | ||||||
17 | responsible relative of such person, in
writing, at least 30 | ||||||
18 | days before the proposed transfer, with
respect to all the | ||||||
19 | relevant facts concerning such transfer,
except in cases of | ||||||
20 | emergency when such notice is not required.
If either the | ||||||
21 | person to be transferred or a responsible
relative of such | ||||||
22 | person objects to such transfer, in writing
to the Department, | ||||||
23 | at any time after receipt of notice and
before the transfer, | ||||||
24 | the facility director of the facility in
which the person was a | ||||||
25 | recipient shall immediately schedule a
hearing at the facility | ||||||
26 | with the presence of the facility director,
the person who |
| |||||||
| |||||||
1 | objected to such proposed transfer, and a
psychiatrist who is | ||||||
2 | familiar with the record of the person
to be transferred. Such | ||||||
3 | person to be transferred or a
responsible relative may be | ||||||
4 | represented by such counsel or
interested party as he may | ||||||
5 | appoint, who may present such
testimony with respect to the | ||||||
6 | proposed transfer. Testimony
presented at such hearing shall | ||||||
7 | become a part of the facility
record of the | ||||||
8 | person-to-be-transferred. The record of testimony
shall be | ||||||
9 | held in the person-to-be-transferred's record in the
central | ||||||
10 | files of the facility. If such hearing is held a transfer
may | ||||||
11 | only be implemented, if at all, in accordance with the results
| ||||||
12 | of such hearing. Within 15 days after such hearing the
facility | ||||||
13 | director shall deliver his findings based
on the record of the | ||||||
14 | case and the testimony presented at the hearing,
by registered | ||||||
15 | or certified mail, to the parties to such hearing.
The findings | ||||||
16 | of the facility director shall be
deemed a final administrative | ||||||
17 | decision of the Department. For purposes of
this Section, "case | ||||||
18 | of emergency" means those instances in
which the health of the | ||||||
19 | person to be transferred is imperiled
and the most appropriate | ||||||
20 | mental health care or medical care is
available at a licensed | ||||||
21 | nursing home, sheltered care home or
home for the aged or a | ||||||
22 | specialized residential care facility.
| ||||||
23 | Prior to placement of any person in a facility under this
| ||||||
24 | Section the Department shall ensure that an appropriate | ||||||
25 | training
plan for staff is provided by the facility.
Said | ||||||
26 | training may include instruction and demonstration
by |
| |||||||
| |||||||
1 | Department personnel qualified in the area of mental illness
or | ||||||
2 | mental retardation, as applicable to the person to be placed. | ||||||
3 | Training may
be given both at the facility from which
the | ||||||
4 | recipient is transferred and at the facility receiving
the | ||||||
5 | recipient, and may be available on a continuing basis
| ||||||
6 | subsequent to placement. In a facility providing services to | ||||||
7 | former Department
recipients, training shall be available as | ||||||
8 | necessary for
facility staff. Such training will be on a | ||||||
9 | continuing basis
as the needs of the facility and recipients | ||||||
10 | change and further
training is required.
| ||||||
11 | The Department shall not place any person in a facility
| ||||||
12 | which does not have appropriately trained staff in sufficient
| ||||||
13 | numbers to accommodate the recipient population already at the
| ||||||
14 | facility. As a condition of further or future placements of
| ||||||
15 | persons, the Department shall require the employment of | ||||||
16 | additional
trained staff members at the facility where said | ||||||
17 | persons are
to be placed. The Secretary, or his or her | ||||||
18 | designate,
shall establish written guidelines for placement of | ||||||
19 | persons in facilities
under this Act.
The Department shall keep | ||||||
20 | written records detailing which facilities have
been
| ||||||
21 | determined to have staff who have been appropriately trained by | ||||||
22 | the
Department and
all training which it has provided or
| ||||||
23 | required under this Section.
| ||||||
24 | Bills for the support for a person boarded out shall be
| ||||||
25 | payable monthly out of the proper maintenance funds and shall
| ||||||
26 | be audited as any other accounts of the Department. If a
person |
| |||||||
| |||||||
1 | is placed in a facility or program outside the Department, the
| ||||||
2 | Department may pay the actual costs of residence, treatment
or | ||||||
3 | maintenance in such facility and may collect such actual
costs | ||||||
4 | or a portion thereof from the recipient or the estate of
a | ||||||
5 | person placed in accordance with this Section.
| ||||||
6 | Other than those placed in a family home the Department
| ||||||
7 | shall cause all persons who are placed in a facility, as | ||||||
8 | defined by the
Nursing Home Care Act or the MR/DD Community | ||||||
9 | Care Act , or in designated community living
situations or | ||||||
10 | programs, to be visited at least once during the first month
| ||||||
11 | following placement, and once every month thereafter
for the | ||||||
12 | first year following placement
when indicated, but at least | ||||||
13 | quarterly.
After the
first year, the Department shall determine | ||||||
14 | at what point the appropriate
licensing entity for the facility | ||||||
15 | or designated community living situation or
program will assume | ||||||
16 | the responsibility of ensuring that appropriate services
are | ||||||
17 | being provided to the resident. Once that responsibility is | ||||||
18 | assumed, the
Department may discontinue such visits. If a long | ||||||
19 | term care
facility has periodic care plan conferences, the | ||||||
20 | visitor may participate
in those conferences, if such | ||||||
21 | participation is approved by the resident or the
resident's | ||||||
22 | guardian.
Visits shall be made by qualified
and trained | ||||||
23 | Department personnel, or their designee,
in the area of mental | ||||||
24 | health or developmental disabilities
applicable to the person | ||||||
25 | visited, and shall be made on a
more frequent basis when | ||||||
26 | indicated. The Department may not use as
designee any personnel |
| |||||||
| |||||||
1 | connected with or responsible to the representatives
of any | ||||||
2 | facility in which persons who have been transferred under this
| ||||||
3 | Section are placed. In the course of such visit there shall be
| ||||||
4 | consideration of the following areas, but not limited
thereto: | ||||||
5 | effects of transfer on physical and mental health
of the | ||||||
6 | person, sufficiency of nursing care and medical coverage
| ||||||
7 | required by the person, sufficiency of staff personnel and
| ||||||
8 | ability to provide basic care for the person, social, | ||||||
9 | recreational
and programmatic activities available for the | ||||||
10 | person, and other
appropriate aspects of the person's | ||||||
11 | environment.
| ||||||
12 | A report containing the above observations shall be made
to | ||||||
13 | the Department, to the licensing agency, and to any other | ||||||
14 | appropriate
agency
subsequent to each visitation. The report | ||||||
15 | shall contain
recommendations to improve the care and treatment | ||||||
16 | of the resident, as
necessary, which shall be reviewed by the | ||||||
17 | facility's interdisciplinary team and
the resident or the | ||||||
18 | resident's legal guardian.
| ||||||
19 | Upon the complaint of any person placed in accordance
with | ||||||
20 | this Section or any responsible citizen or upon discovery
that | ||||||
21 | such person has been abused, neglected, or improperly cared
| ||||||
22 | for, or that the placement does not provide the type of care | ||||||
23 | required by
the recipient's current condition, the Department
| ||||||
24 | immediately shall investigate, and determine if the | ||||||
25 | well-being, health,
care, or safety of any person is affected | ||||||
26 | by any of the above occurrences,
and if any one of the above |
| |||||||
| |||||||
1 | occurrences is verified, the Department shall
remove such | ||||||
2 | person at once to a facility of the Department
or to another | ||||||
3 | facility outside the Department, provided such
person's needs | ||||||
4 | can be met at said facility. The Department may
also provide | ||||||
5 | any person placed in accordance with this Section
who is | ||||||
6 | without available funds, and who is permitted to engage
in | ||||||
7 | employment outside the facility, such sums for the | ||||||
8 | transportation,
and other expenses as may be needed by him | ||||||
9 | until he receives
his wages for such employment.
| ||||||
10 | The Department shall promulgate rules and regulations
| ||||||
11 | governing the purchase of care for persons who are wards of
or | ||||||
12 | who are receiving services from the Department. Such rules
and | ||||||
13 | regulations shall apply to all monies expended by any agency
of | ||||||
14 | the State of Illinois for services rendered by any person,
| ||||||
15 | corporate entity, agency, governmental agency or political
| ||||||
16 | subdivision whether public or private outside of the Department
| ||||||
17 | whether payment is made through a contractual, per-diem or
| ||||||
18 | other arrangement. No funds shall be paid to any person,
| ||||||
19 | corporation, agency, governmental entity or political
| ||||||
20 | subdivision without compliance with such rules and | ||||||
21 | regulations.
| ||||||
22 | The rules and regulations governing purchase of care shall
| ||||||
23 | describe categories and types of service deemed appropriate
for | ||||||
24 | purchase by the Department.
| ||||||
25 | Any provider of services under this Act may elect to | ||||||
26 | receive payment
for those services, and the Department is |
| |||||||
| |||||||
1 | authorized to arrange for that
payment, by means of direct | ||||||
2 | deposit transmittals to the service provider's
account | ||||||
3 | maintained at a bank, savings and loan association, or other
| ||||||
4 | financial institution. The financial institution shall be | ||||||
5 | approved by the
Department, and the deposits shall be in | ||||||
6 | accordance with rules and
regulations adopted by the | ||||||
7 | Department.
| ||||||
8 | (Source: P.A. 93-636, eff. 6-1-04 .)
| ||||||
9 | Section 90-15. The Department of Public Health Powers and | ||||||
10 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
11 | amended by changing Sections 2310-550, 2310-560, 2310-565, and | ||||||
12 | 2310-625 as follows:
| ||||||
13 | (20 ILCS 2310/2310-550) (was 20 ILCS 2310/55.40)
| ||||||
14 | Sec. 2310-550. Long-term care facilities. The Department | ||||||
15 | may
perform , in all long-term
care facilities , as defined in | ||||||
16 | the Nursing Home Care
Act and all facilities as defined in the | ||||||
17 | MR/DD Community Care Act , all inspection, evaluation, | ||||||
18 | certification, and inspection of care
duties that the federal | ||||||
19 | government may require the State of Illinois
to
perform or have | ||||||
20 | performed as a condition of participation in any programs
under | ||||||
21 | Title XVIII or Title XIX of the federal Social Security Act.
| ||||||
22 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
23 | (20 ILCS 2310/2310-560) (was 20 ILCS 2310/55.87)
|
| |||||||
| |||||||
1 | Sec. 2310-560.
Advisory committees concerning
construction | ||||||
2 | of
facilities.
| ||||||
3 | (a) The Director shall appoint an advisory committee. The | ||||||
4 | committee
shall be established by the Department by rule. The | ||||||
5 | Director and the
Department shall consult with the advisory | ||||||
6 | committee concerning the
application of building codes and | ||||||
7 | Department rules related to those
building codes to facilities | ||||||
8 | under the Ambulatory Surgical Treatment
Center Act , and the | ||||||
9 | Nursing Home Care Act , and the MR/DD Community Care Act .
| ||||||
10 | (b) The Director shall appoint an advisory committee to | ||||||
11 | advise the
Department and to conduct informal dispute | ||||||
12 | resolution concerning the
application of building codes for new | ||||||
13 | and existing construction and related
Department rules and | ||||||
14 | standards under the Hospital Licensing Act, including
without | ||||||
15 | limitation rules and standards for (i) design and construction, | ||||||
16 | (ii)
engineering and maintenance of the physical plant, site, | ||||||
17 | equipment, and
systems (heating, cooling, electrical, | ||||||
18 | ventilation, plumbing, water, sewer,
and solid waste | ||||||
19 | disposal), and (iii) fire and safety. The advisory committee
| ||||||
20 | shall be composed of all of the following members:
| ||||||
21 | (1) The chairperson or an elected representative from | ||||||
22 | the
Hospital Licensing Board under the Hospital Licensing | ||||||
23 | Act.
| ||||||
24 | (2) Two health care architects with a minimum of 10 | ||||||
25 | years of
experience in institutional design and building | ||||||
26 | code analysis.
|
| |||||||
| |||||||
1 | (3) Two engineering professionals (one mechanical and | ||||||
2 | one
electrical) with a minimum of 10 years of experience in | ||||||
3 | institutional
design and building code analysis.
| ||||||
4 | (4) One commercial interior design professional with a | ||||||
5 | minimum
of 10 years of experience.
| ||||||
6 | (5) Two representatives from provider associations.
| ||||||
7 | (6) The Director or his or her designee, who shall | ||||||
8 | serve as the
committee moderator.
| ||||||
9 | Appointments shall be made with the concurrence of the
| ||||||
10 | Hospital Licensing Board. The committee shall submit
| ||||||
11 | recommendations concerning the
application of building codes | ||||||
12 | and related Department rules and
standards to the
Hospital | ||||||
13 | Licensing Board
for review and comment prior to
submission to | ||||||
14 | the Department. The committee shall submit
recommendations | ||||||
15 | concerning informal dispute resolution to the Director.
The | ||||||
16 | Department shall provide per diem and travel expenses to the
| ||||||
17 | committee members.
| ||||||
18 | (Source: P.A.
91-239, eff. 1-1-00; 92-803, eff. 8-16-02.)
| ||||||
19 | (20 ILCS 2310/2310-565) (was 20 ILCS 2310/55.88)
| ||||||
20 | Sec. 2310-565.
Facility construction training
program. The
| ||||||
21 | Department shall conduct, at least annually, a joint in-service | ||||||
22 | training
program for architects, engineers, interior | ||||||
23 | designers, and other persons
involved in the construction of a | ||||||
24 | facility under the Ambulatory Surgical
Treatment Center Act, | ||||||
25 | the Nursing Home Care Act, the MR/DD Community Care Act, or the |
| |||||||
| |||||||
1 | Hospital Licensing Act
on problems and issues relating to the | ||||||
2 | construction of facilities under any of
those Acts.
| ||||||
3 | (Source: P.A. 90-327, eff. 8-8-97; 90-655, eff.
7-30-98;
| ||||||
4 | 91-239, eff. 1-1-00.)
| ||||||
5 | (20 ILCS 2310/2310-625)
| ||||||
6 | Sec. 2310-625. Emergency Powers. | ||||||
7 | (a) Upon proclamation of a disaster by the Governor, as | ||||||
8 | provided for in the Illinois Emergency Management Agency Act, | ||||||
9 | the Director of Public Health shall have the following powers, | ||||||
10 | which shall be exercised only in coordination with the Illinois | ||||||
11 | Emergency Management Agency and the Department of Financial and
| ||||||
12 | Professional Regulation: | ||||||
13 | (1) The power to suspend the requirements for temporary | ||||||
14 | or permanent licensure or certification of persons who are | ||||||
15 | licensed or certified in another state and are working | ||||||
16 | under the direction of the Illinois Emergency Management | ||||||
17 | Agency and the Illinois Department of Public Health | ||||||
18 | pursuant to the declared disaster. | ||||||
19 | (2) The power to modify the scope of practice | ||||||
20 | restrictions under the Emergency Medical Services (EMS) | ||||||
21 | Systems Act for any persons who are licensed under that Act | ||||||
22 | for any person working under the direction of the Illinois | ||||||
23 | Emergency Management Agency and the Illinois Department of | ||||||
24 | Public Health pursuant to the declared disaster. | ||||||
25 | (3) The power to modify the scope of practice |
| |||||||
| |||||||
1 | restrictions under the Nursing Home Care Act or the MR/DD | ||||||
2 | Community Care Act for Certified Nursing Assistants for any | ||||||
3 | person working under the direction of the Illinois | ||||||
4 | Emergency Management Agency and the Illinois Department of | ||||||
5 | Public Health pursuant to the declared disaster. | ||||||
6 | (b) Persons exempt from licensure or certification under | ||||||
7 | paragraph (1) of subsection (a) and persons operating under | ||||||
8 | modified scope of practice provisions under paragraph (2) of | ||||||
9 | subsection (a) and paragraph (3) of subsection (a) shall be | ||||||
10 | exempt from licensure or certification or subject to modified | ||||||
11 | scope of practice only until the declared disaster has ended as | ||||||
12 | provided by law. For purposes of this Section, persons working | ||||||
13 | under the direction of an emergency services and disaster | ||||||
14 | agency accredited by the Illinois Emergency Management Agency | ||||||
15 | and a local public health department, pursuant to a declared | ||||||
16 | disaster, shall be deemed to be working under the direction of | ||||||
17 | the Illinois Emergency Management Agency and the Department of | ||||||
18 | Public Health.
| ||||||
19 | (c) The Director shall exercise these powers by way of | ||||||
20 | proclamation.
| ||||||
21 | (Source: P.A. 93-829, eff. 7-28-04; 94-733, eff. 4-27-06.) | ||||||
22 | Section 90-20. The Disabilities Services Act of 2003 is | ||||||
23 | amended by changing Section 52 as follows: | ||||||
24 | (20 ILCS 2407/52) |
| |||||||
| |||||||
1 | Sec. 52. Applicability; definitions. In accordance with | ||||||
2 | Section 6071 of the Deficit Reduction Act of 2005 (P.L. | ||||||
3 | 109-171), as used in this Article: | ||||||
4 | "Departments". The term "Departments" means for the | ||||||
5 | purposes of this Act, the Department of Human Services, the | ||||||
6 | Department on Aging, Department of Healthcare and Family | ||||||
7 | Services and Department of Public Health, unless otherwise | ||||||
8 | noted. | ||||||
9 | "Home and community-based long-term care services". The | ||||||
10 | term "home and community-based long-term care services" means, | ||||||
11 | with respect to the State Medicaid program, a service aid, or | ||||||
12 | benefit, home and community-based services, including but not | ||||||
13 | limited to home health and personal care services, that are | ||||||
14 | provided to a person with a disability, and are voluntarily | ||||||
15 | accepted, as part of his or her long-term care that: (i) is | ||||||
16 | provided under the State's qualified home and community-based | ||||||
17 | program or that could be provided under such a program but is | ||||||
18 | otherwise provided under the Medicaid program; (ii) is | ||||||
19 | delivered in a qualified residence; and (iii) is necessary for | ||||||
20 | the person with a disability to live in the community. | ||||||
21 | "Long-term care facility". The term "long-term care | ||||||
22 | facility", for the purposes of this Article, means a skilled | ||||||
23 | nursing or intermediate long-term care facility subject to | ||||||
24 | licensure by the Department of Public Health under the Nursing | ||||||
25 | Home Care Act or the MR/DD Community Care Act , an intermediate | ||||||
26 | care facility for the developmentally disabled (ICF-DDs), and a |
| |||||||
| |||||||
1 | State-operated developmental center or mental health center, | ||||||
2 | whether publicly or privately owned. | ||||||
3 | "Money Follows the Person" Demonstration. Enacted by the | ||||||
4 | Deficit Reduction Act of 2005, the Money Follows the Person | ||||||
5 | (MFP) Rebalancing Demonstration is part of a comprehensive, | ||||||
6 | coordinated strategy to assist states, in collaboration with | ||||||
7 | stakeholders, to make widespread changes to their long-term | ||||||
8 | care support systems. This initiative will assist states in | ||||||
9 | their efforts to reduce their reliance on institutional care | ||||||
10 | while developing community-based long-term care opportunities, | ||||||
11 | enabling the elderly and people with disabilities to fully | ||||||
12 | participate in their communities. | ||||||
13 | "Public funds" mean any funds appropriated by the General | ||||||
14 | Assembly to the Departments of Human Services, on Aging, of | ||||||
15 | Healthcare and Family Services and of Public Health for | ||||||
16 | settings and services as defined in this Article. | ||||||
17 | "Qualified residence". The term "qualified residence" | ||||||
18 | means, with respect to an eligible individual: (i) a home owned | ||||||
19 | or leased by the individual or the individual's authorized | ||||||
20 | representative (as defined by P.L. 109-171); (ii) an apartment | ||||||
21 | with an individual lease, with lockable access and egress, and | ||||||
22 | which includes living, sleeping, bathing, and cooking areas | ||||||
23 | over which the individual or the individual's family has domain | ||||||
24 | and control; or (iii) a residence, in a community-based | ||||||
25 | residential setting, in which no more than 4 unrelated | ||||||
26 | individuals reside. Where qualified residences are not |
| |||||||
| |||||||
1 | sufficient to meet the demand of eligible individuals, | ||||||
2 | time-limited exceptions to this definition may be developed | ||||||
3 | through administrative rule. | ||||||
4 | "Self-directed services". The term "self-directed | ||||||
5 | services" means, with respect to home and community-based | ||||||
6 | long-term services for an eligible individual, those services | ||||||
7 | for the individual that are planned and purchased under the | ||||||
8 | direction and control of the individual or the individual's | ||||||
9 | authorized representative, including the amount, duration, | ||||||
10 | scope, provider, and location of such services, under the State | ||||||
11 | Medicaid program consistent with the following requirements: | ||||||
12 | (a) Assessment: there is an assessment of the needs, | ||||||
13 | capabilities, and preference of the individual with | ||||||
14 | respect to such services. | ||||||
15 | (b) Individual service care or treatment plan: based on | ||||||
16 | the assessment, there is development jointly with such | ||||||
17 | individual or individual's authorized representative, a | ||||||
18 | plan for such services for the individual that (i) | ||||||
19 | specifies those services, if any, that the individual or | ||||||
20 | the individual's authorized representative would be | ||||||
21 | responsible for directing; (ii) identifies the methods by | ||||||
22 | which the individual or the individual's authorized | ||||||
23 | representative or an agency designated by an individual or | ||||||
24 | representative will select, manage, and dismiss providers | ||||||
25 | of such services.
| ||||||
26 | (Source: P.A. 95-438, eff. 1-1-08.) |
| |||||||
| |||||||
1 | Section 90-25. The Abuse of Adults with Disabilities | ||||||
2 | Intervention Act is amended by changing Section 15 as follows:
| ||||||
3 | (20 ILCS 2435/15) (from Ch. 23, par. 3395-15)
| ||||||
4 | Sec. 15. Definitions. As used in this Act:
| ||||||
5 | "Abuse" means causing any physical, sexual,
or mental | ||||||
6 | injury to an
adult with disabilities, including exploitation of | ||||||
7 | the adult's financial
resources. Nothing
in this Act shall be | ||||||
8 | construed to mean that an adult with disabilities is a
victim | ||||||
9 | of abuse or neglect for the sole reason
that
he or she is being
| ||||||
10 | furnished with or relies upon treatment by spiritual means | ||||||
11 | through prayer
alone, in accordance with the tenets and | ||||||
12 | practices of a recognized church
or religious denomination.
| ||||||
13 | Nothing in this Act shall be construed to mean that an adult | ||||||
14 | with
disabilities is a victim of abuse because of health care | ||||||
15 | services provided or
not provided by licensed health care | ||||||
16 | professionals.
| ||||||
17 | "Adult with disabilities" means a person aged 18 through 59 | ||||||
18 | who resides in
a domestic living
situation and whose physical | ||||||
19 | or mental disability impairs his or her ability to
seek or | ||||||
20 | obtain
protection from abuse, neglect, or exploitation.
| ||||||
21 | "Department" means the Department of Human Services.
| ||||||
22 | "Adults with Disabilities Abuse Project" or "project" | ||||||
23 | means
that program within the Office of Inspector General | ||||||
24 | designated by the
Department of Human Services to receive and |
| |||||||
| |||||||
1 | assess reports of alleged or
suspected abuse, neglect, or | ||||||
2 | exploitation of adults with
disabilities.
| ||||||
3 | "Domestic living situation" means a residence where the | ||||||
4 | adult with
disabilities lives alone or with his or her family | ||||||
5 | or household members, a care
giver, or others or
at a board and | ||||||
6 | care home or other community-based unlicensed facility, but is
| ||||||
7 | not:
| ||||||
8 | (1) A licensed facility as defined in Section 1-113 of | ||||||
9 | the Nursing Home
Care Act or Section 1-113 of the MR/DD | ||||||
10 | Community Care Act .
| ||||||
11 | (2) A life care facility as defined in the Life Care | ||||||
12 | Facilities Act.
| ||||||
13 | (3) A home, institution, or other place operated by the | ||||||
14 | federal
government, a federal agency, or the State.
| ||||||
15 | (4) A hospital, sanitarium, or other institution, the | ||||||
16 | principal activity
or business of which is the diagnosis, | ||||||
17 | care, and treatment of human illness
through the | ||||||
18 | maintenance and operation of organized facilities and that | ||||||
19 | is
required to be licensed under the Hospital Licensing | ||||||
20 | Act.
| ||||||
21 | (5) A community living facility as defined in the | ||||||
22 | Community Living
Facilities Licensing Act.
| ||||||
23 | (6) A community-integrated living arrangement as | ||||||
24 | defined in the
Community-Integrated Living Arrangements | ||||||
25 | Licensure and Certification Act or
community residential | ||||||
26 | alternative as licensed under that Act.
|
| |||||||
| |||||||
1 | "Emergency" means a situation in which an adult with | ||||||
2 | disabilities is in danger of death or great bodily harm.
| ||||||
3 | "Exploitation" means the illegal, including tortious, use | ||||||
4 | of the assets or resources of an adult with
disabilities.
| ||||||
5 | Exploitation includes, but is not limited to, the | ||||||
6 | misappropriation of
assets or resources of an adult with | ||||||
7 | disabilities by
undue influence, by
breach of a fiduciary | ||||||
8 | relationship, by fraud, deception, or extortion, or
by the use | ||||||
9 | of the assets or resources in a manner contrary to law.
| ||||||
10 | "Family or household members" means a person who as a | ||||||
11 | family member,
volunteer, or paid care provider has assumed | ||||||
12 | responsibility for all or a
portion of the care of an adult | ||||||
13 | with disabilities who needs assistance with
activities of daily | ||||||
14 | living.
| ||||||
15 | "Neglect" means the failure of
another individual to | ||||||
16 | provide an adult with disabilities with or the willful
| ||||||
17 | withholding from an adult with disabilities the necessities of | ||||||
18 | life, including,
but not limited to, food, clothing, shelter, | ||||||
19 | or medical care.
| ||||||
20 | Nothing in the definition of "neglect" shall be construed to | ||||||
21 | impose a
requirement that assistance be provided to an adult | ||||||
22 | with disabilities over
his or her objection in the absence of a | ||||||
23 | court order, nor to create any new
affirmative duty to provide | ||||||
24 | support, assistance, or intervention to an
adult with | ||||||
25 | disabilities. Nothing in this Act shall be construed to mean | ||||||
26 | that
an adult with disabilities is a
victim of neglect because |
| |||||||
| |||||||
1 | of health care services provided or not provided by
licensed
| ||||||
2 | health care professionals.
| ||||||
3 | "Physical abuse" includes sexual abuse and means any of the | ||||||
4 | following:
| ||||||
5 | (1) knowing or reckless use of physical force, | ||||||
6 | confinement, or restraint;
| ||||||
7 | (2) knowing, repeated, and unnecessary sleep | ||||||
8 | deprivation; or
| ||||||
9 | (3) knowing or reckless conduct which creates an | ||||||
10 | immediate risk of
physical harm.
| ||||||
11 | "Secretary" means the Secretary of Human Services.
| ||||||
12 | "Sexual abuse" means touching, fondling, sexual threats, | ||||||
13 | sexually
inappropriate remarks,
or any other sexual activity | ||||||
14 | with an adult with disabilities when the adult
with | ||||||
15 | disabilities
is unable to understand, unwilling to consent, | ||||||
16 | threatened, or physically forced
to engage
in sexual behavior.
| ||||||
17 | "Substantiated case" means a reported case of alleged or | ||||||
18 | suspected abuse,
neglect, or exploitation in which the Adults | ||||||
19 | with
Disabilities Abuse
Project staff, after assessment, | ||||||
20 | determines that there is reason to believe
abuse, neglect, or | ||||||
21 | exploitation has occurred.
| ||||||
22 | (Source: P.A. 91-671, eff. 7-1-00.)
| ||||||
23 | Section 90-30. The Illinois Finance Authority Act is | ||||||
24 | amended by changing Section 801-10 as follows:
|
| |||||||
| |||||||
1 | (20 ILCS 3501/801-10)
| ||||||
2 | Sec. 801-10. Definitions. The following terms, whenever | ||||||
3 | used or referred
to
in this Act, shall have the following | ||||||
4 | meanings, except in such instances where
the context may | ||||||
5 | clearly indicate otherwise:
| ||||||
6 | (a) The term "Authority" means the Illinois Finance | ||||||
7 | Authority created by
this Act.
| ||||||
8 | (b) The term "project" means an industrial project, | ||||||
9 | conservation project, housing project, public
purpose project, | ||||||
10 | higher education project, health facility project, cultural
| ||||||
11 | institution project, agricultural facility or agribusiness, | ||||||
12 | and "project" may
include any combination of one or more of the | ||||||
13 | foregoing undertaken jointly by
any person with one or more | ||||||
14 | other persons.
| ||||||
15 | (c) The term "public purpose project" means any project or | ||||||
16 | facility
including
without limitation land, buildings, | ||||||
17 | structures, machinery, equipment and all
other real and | ||||||
18 | personal property, which is authorized or required by law to be
| ||||||
19 | acquired, constructed, improved, rehabilitated, reconstructed, | ||||||
20 | replaced or
maintained by any unit of government or any other | ||||||
21 | lawful public purpose which
is authorized or required by law to | ||||||
22 | be undertaken by any unit of government.
| ||||||
23 | (d) The term "industrial project" means the acquisition, | ||||||
24 | construction,
refurbishment, creation, development or | ||||||
25 | redevelopment of any facility,
equipment, machinery, real | ||||||
26 | property or personal property for use by any
instrumentality of |
| |||||||
| |||||||
1 | the State or its political subdivisions, for use by any
person | ||||||
2 | or institution, public or private, for profit or not for | ||||||
3 | profit, or for
use in any trade or business including, but not | ||||||
4 | limited to, any industrial,
manufacturing or commercial | ||||||
5 | enterprise and which is (1) a capital project
including but not | ||||||
6 | limited to: (i) land and any rights therein, one or more
| ||||||
7 | buildings, structures or other improvements, machinery and | ||||||
8 | equipment, whether
now existing or hereafter acquired, and | ||||||
9 | whether or not located on the same site
or sites; (ii) all | ||||||
10 | appurtenances and facilities incidental to the foregoing,
| ||||||
11 | including, but not limited to utilities, access roads, railroad | ||||||
12 | sidings, track,
docking and similar facilities, parking | ||||||
13 | facilities, dockage, wharfage, railroad
roadbed, track, | ||||||
14 | trestle, depot, terminal, switching and signaling or related
| ||||||
15 | equipment, site preparation and landscaping; and (iii) all | ||||||
16 | non-capital costs
and expenses relating thereto or (2) any | ||||||
17 | addition to, renovation,
rehabilitation or
improvement of a | ||||||
18 | capital project or (3) any activity or undertaking which the
| ||||||
19 | Authority determines will aid, assist or encourage economic | ||||||
20 | growth, development
or redevelopment within the State or any | ||||||
21 | area thereof, will promote the
expansion, retention or | ||||||
22 | diversification of employment opportunities within the
State | ||||||
23 | or any area thereof or will aid in stabilizing or developing | ||||||
24 | any industry
or economic sector of the State economy. The term | ||||||
25 | "industrial project" also
means the production of motion | ||||||
26 | pictures.
|
| |||||||
| |||||||
1 | (e) The term "bond" or "bonds" shall include bonds, notes | ||||||
2 | (including bond,
grant or revenue anticipation notes), | ||||||
3 | certificates and/or other evidences of
indebtedness | ||||||
4 | representing an obligation to pay money, including refunding
| ||||||
5 | bonds.
| ||||||
6 | (f) The terms "lease agreement" and "loan agreement" shall | ||||||
7 | mean: (i) an
agreement whereby a project acquired by the | ||||||
8 | Authority by purchase, gift or
lease
is leased to any person, | ||||||
9 | corporation or unit of local government which will use
or cause | ||||||
10 | the project to be used as a project as heretofore defined upon | ||||||
11 | terms
providing for lease rental payments at least sufficient | ||||||
12 | to pay when due all
principal of, interest and premium, if any, | ||||||
13 | on any bonds of the Authority
issued
with respect to such | ||||||
14 | project, providing for the maintenance, insuring and
operation | ||||||
15 | of the project on terms satisfactory to the Authority, | ||||||
16 | providing for
disposition of the project upon termination of | ||||||
17 | the lease term, including
purchase options or abandonment of | ||||||
18 | the premises, and such other terms as may be
deemed desirable | ||||||
19 | by the Authority, or (ii) any agreement pursuant to which the
| ||||||
20 | Authority agrees to loan the proceeds of its bonds issued with | ||||||
21 | respect to a
project or other funds of the Authority to any | ||||||
22 | person which will use or cause
the project to be used as a | ||||||
23 | project as heretofore defined upon terms providing
for loan | ||||||
24 | repayment installments at least sufficient to pay when due all
| ||||||
25 | principal of, interest and premium, if any, on any bonds of the | ||||||
26 | Authority, if
any, issued with respect to the project, and |
| |||||||
| |||||||
1 | providing for maintenance,
insurance and other matters as may | ||||||
2 | be deemed desirable by the Authority.
| ||||||
3 | (g) The term "financial aid" means the expenditure of | ||||||
4 | Authority funds or
funds provided by the Authority through the | ||||||
5 | issuance of its bonds, notes or
other
evidences of indebtedness | ||||||
6 | or from other sources for the development,
construction, | ||||||
7 | acquisition or improvement of a project.
| ||||||
8 | (h) The term "person" means an individual, corporation, | ||||||
9 | unit of government,
business trust, estate, trust, partnership | ||||||
10 | or association, 2 or more persons
having a joint or common | ||||||
11 | interest, or any other legal entity.
| ||||||
12 | (i) The term "unit of government" means the federal | ||||||
13 | government, the State or
unit of local government, a school | ||||||
14 | district, or any agency or instrumentality,
office, officer, | ||||||
15 | department, division, bureau, commission, college or
| ||||||
16 | university thereof.
| ||||||
17 | (j) The term "health facility" means: (a) any public or | ||||||
18 | private institution,
place, building, or agency required to be | ||||||
19 | licensed under the Hospital Licensing
Act; (b) any public or | ||||||
20 | private institution, place, building, or agency required
to be | ||||||
21 | licensed under the Nursing Home Care Act or the MR/DD Community | ||||||
22 | Care Act ; (c)
any public or licensed private hospital as | ||||||
23 | defined in the Mental Health and
Developmental Disabilities | ||||||
24 | Code; (d) any such facility exempted from such
licensure when | ||||||
25 | the Director of Public Health attests that such exempted
| ||||||
26 | facility
meets the statutory definition of a facility subject |
| |||||||
| |||||||
1 | to licensure; (e) any
other
public or private health service | ||||||
2 | institution, place, building, or agency which
the Director of | ||||||
3 | Public Health attests is subject to certification by the
| ||||||
4 | Secretary, U.S. Department of Health and Human Services under | ||||||
5 | the Social
Security Act, as now or hereafter amended, or which | ||||||
6 | the Director of Public
Health attests is subject to | ||||||
7 | standard-setting by a recognized public or
voluntary | ||||||
8 | accrediting or standard-setting agency; (f) any public or | ||||||
9 | private
institution, place, building or agency engaged in | ||||||
10 | providing one or more
supporting services to a health facility; | ||||||
11 | (g) any public or private
institution,
place, building or | ||||||
12 | agency engaged in providing training in the healing arts,
| ||||||
13 | including but not limited to schools of medicine, dentistry, | ||||||
14 | osteopathy,
optometry, podiatry, pharmacy or nursing, schools | ||||||
15 | for the training of x-ray,
laboratory or other health care | ||||||
16 | technicians and schools for the training of
para-professionals | ||||||
17 | in the health care field; (h) any public or private
congregate, | ||||||
18 | life or extended care or elderly housing facility or any public | ||||||
19 | or
private home for the aged or infirm, including, without | ||||||
20 | limitation, any
Facility as defined in the Life Care Facilities | ||||||
21 | Act; (i) any public or private
mental, emotional or physical | ||||||
22 | rehabilitation facility or any public or private
educational, | ||||||
23 | counseling, or rehabilitation facility or home, for those | ||||||
24 | persons
with a developmental disability, those who are | ||||||
25 | physically ill or disabled, the
emotionally disturbed, those | ||||||
26 | persons with a mental illness or persons with
learning or |
| |||||||
| |||||||
1 | similar disabilities or problems; (j) any public or private
| ||||||
2 | alcohol, drug or substance abuse diagnosis, counseling | ||||||
3 | treatment or
rehabilitation
facility, (k) any public or private | ||||||
4 | institution, place, building or agency
licensed by the | ||||||
5 | Department of Children and Family Services or which is not so
| ||||||
6 | licensed but which the Director of Children and Family Services | ||||||
7 | attests
provides child care, child welfare or other services of | ||||||
8 | the type provided by
facilities
subject to such licensure; (l) | ||||||
9 | any public or private adoption agency or
facility; and (m) any | ||||||
10 | public or private blood bank or blood center. "Health
facility" | ||||||
11 | also means a public or private structure or structures suitable
| ||||||
12 | primarily for use as a laboratory, laundry, nurses or interns | ||||||
13 | residence or
other housing or hotel facility used in whole or | ||||||
14 | in part for staff, employees
or
students and their families, | ||||||
15 | patients or relatives of patients admitted for
treatment or | ||||||
16 | care in a health facility, or persons conducting business with | ||||||
17 | a
health facility, physician's facility, surgicenter, | ||||||
18 | administration building,
research facility, maintenance, | ||||||
19 | storage or utility facility and all structures
or facilities | ||||||
20 | related to any of the foregoing or required or useful for the
| ||||||
21 | operation of a health facility, including parking or other | ||||||
22 | facilities or other
supporting service structures required or | ||||||
23 | useful for the orderly conduct of
such health facility.
| ||||||
24 | (k) The term "participating health institution" means a | ||||||
25 | private corporation
or association or public entity of this | ||||||
26 | State, authorized by the laws of this
State to provide or |
| |||||||
| |||||||
1 | operate a health facility as defined in this Act and which,
| ||||||
2 | pursuant to the provisions of this Act, undertakes the | ||||||
3 | financing, construction
or acquisition of a project or | ||||||
4 | undertakes the refunding or refinancing of
obligations, loans, | ||||||
5 | indebtedness or advances as provided in this Act.
| ||||||
6 | (l) The term "health facility project", means a specific | ||||||
7 | health facility
work
or improvement to be financed or | ||||||
8 | refinanced (including without limitation
through reimbursement | ||||||
9 | of prior expenditures), acquired, constructed, enlarged,
| ||||||
10 | remodeled, renovated, improved, furnished, or equipped, with | ||||||
11 | funds provided in
whole or in part hereunder, any accounts | ||||||
12 | receivable, working capital, liability
or insurance cost or | ||||||
13 | operating expense financing or refinancing program of a
health | ||||||
14 | facility with or involving funds provided in whole or in part | ||||||
15 | hereunder,
or any combination thereof.
| ||||||
16 | (m) The term "bond resolution" means the resolution or | ||||||
17 | resolutions
authorizing the issuance of, or providing terms and | ||||||
18 | conditions related to,
bonds issued
under this Act and | ||||||
19 | includes, where appropriate, any trust agreement, trust
| ||||||
20 | indenture, indenture of mortgage or deed of trust providing | ||||||
21 | terms and
conditions for such bonds.
| ||||||
22 | (n) The term "property" means any real, personal or mixed | ||||||
23 | property, whether
tangible or intangible, or any interest | ||||||
24 | therein, including, without limitation,
any real estate, | ||||||
25 | leasehold interests, appurtenances, buildings, easements,
| ||||||
26 | equipment, furnishings, furniture, improvements, machinery, |
| |||||||
| |||||||
1 | rights of way,
structures, accounts, contract rights or any | ||||||
2 | interest therein.
| ||||||
3 | (o) The term "revenues" means, with respect to any project, | ||||||
4 | the rents, fees,
charges, interest, principal repayments, | ||||||
5 | collections and other income or profit
derived therefrom.
| ||||||
6 | (p) The term "higher education project" means, in the case | ||||||
7 | of a private
institution of higher education, an educational | ||||||
8 | facility to be acquired,
constructed, enlarged, remodeled, | ||||||
9 | renovated, improved, furnished, or equipped,
or any | ||||||
10 | combination thereof.
| ||||||
11 | (q) The term "cultural institution project" means, in the | ||||||
12 | case of a cultural
institution, a cultural facility to be | ||||||
13 | acquired, constructed, enlarged,
remodeled, renovated, | ||||||
14 | improved, furnished, or equipped, or any combination
thereof.
| ||||||
15 | (r) The term "educational facility" means any property | ||||||
16 | located within the
State
constructed or acquired before or | ||||||
17 | after the effective date of this Act, which
is
or will be, in | ||||||
18 | whole or in part, suitable for the instruction, feeding,
| ||||||
19 | recreation or housing of students, the conducting of research | ||||||
20 | or other work of
a
private institution of higher education, the | ||||||
21 | use by a private institution of
higher education in connection | ||||||
22 | with any educational, research or related or
incidental | ||||||
23 | activities then being or to be conducted by it, or any | ||||||
24 | combination
of the foregoing, including, without limitation, | ||||||
25 | any such property suitable for
use as or in connection with any | ||||||
26 | one or more of the following: an academic
facility, |
| |||||||
| |||||||
1 | administrative facility, agricultural facility, assembly hall,
| ||||||
2 | athletic facility, auditorium, boating facility, campus, | ||||||
3 | communication
facility,
computer facility, continuing | ||||||
4 | education facility, classroom, dining hall,
dormitory, | ||||||
5 | exhibition hall, fire fighting facility, fire prevention | ||||||
6 | facility,
food service and preparation facility, gymnasium, | ||||||
7 | greenhouse, health care
facility, hospital, housing, | ||||||
8 | instructional facility, laboratory, library,
maintenance | ||||||
9 | facility, medical facility, museum, offices, parking area,
| ||||||
10 | physical education facility, recreational facility, research | ||||||
11 | facility, stadium,
storage facility, student union, study | ||||||
12 | facility, theatre or utility.
| ||||||
13 | (s) The term "cultural facility" means any property located | ||||||
14 | within the State
constructed or acquired before or after the | ||||||
15 | effective date of this Act, which
is or will be, in whole or in | ||||||
16 | part, suitable for the particular purposes or
needs
of a | ||||||
17 | cultural institution, including, without limitation, any such | ||||||
18 | property
suitable for use as or in connection with any one or | ||||||
19 | more of the following: an
administrative facility, aquarium, | ||||||
20 | assembly hall, auditorium, botanical garden,
exhibition hall, | ||||||
21 | gallery, greenhouse, library, museum, scientific laboratory,
| ||||||
22 | theater or zoological facility, and shall also include, without | ||||||
23 | limitation,
books, works of art or music, animal, plant or | ||||||
24 | aquatic life or other items for
display, exhibition or | ||||||
25 | performance. The term "cultural facility" includes
buildings | ||||||
26 | on the National Register of Historic Places which are owned or
|
| |||||||
| |||||||
1 | operated by nonprofit entities.
| ||||||
2 | (t) "Private institution of higher education" means a | ||||||
3 | not-for-profit
educational institution which is not owned by | ||||||
4 | the State or any political
subdivision, agency, | ||||||
5 | instrumentality, district or municipality thereof, which
is
| ||||||
6 | authorized by law to provide a program of education beyond the | ||||||
7 | high school
level
and which:
| ||||||
8 | (1) Admits as regular students only individuals having | ||||||
9 | a
certificate of graduation from a high school, or the | ||||||
10 | recognized equivalent of
such a certificate;
| ||||||
11 | (2) Provides an educational program for which it awards | ||||||
12 | a
bachelor's degree, or provides an educational program, | ||||||
13 | admission into which is
conditioned upon the prior | ||||||
14 | attainment of a bachelor's degree or its equivalent,
for | ||||||
15 | which it awards a postgraduate degree, or provides not less | ||||||
16 | than a 2-year
program which is acceptable for full credit | ||||||
17 | toward such a degree, or offers a
2-year program in | ||||||
18 | engineering, mathematics, or the physical or biological
| ||||||
19 | sciences
which is designed to prepare the student to work | ||||||
20 | as a technician and at a
semiprofessional level in | ||||||
21 | engineering, scientific, or other technological
fields
| ||||||
22 | which require the understanding and application of basic | ||||||
23 | engineering,
scientific, or mathematical principles or | ||||||
24 | knowledge;
| ||||||
25 | (3) Is accredited by a nationally recognized | ||||||
26 | accrediting agency or
association or, if not so accredited, |
| |||||||
| |||||||
1 | is an institution whose credits are
accepted, on transfer, | ||||||
2 | by not less than 3 institutions which are so accredited,
| ||||||
3 | for credit on the same basis as if transferred from an | ||||||
4 | institution so
accredited, and holds an unrevoked | ||||||
5 | certificate of approval under the Private
College Act from | ||||||
6 | the Board of Higher Education, or is qualified as a
"degree | ||||||
7 | granting institution" under the Academic Degree Act; and
| ||||||
8 | (4) Does not discriminate in the admission of students | ||||||
9 | on the basis
of race or color.
"Private institution of | ||||||
10 | higher education" also includes any "academic
| ||||||
11 | institution".
| ||||||
12 | (u) The term "academic institution" means any | ||||||
13 | not-for-profit institution
which
is not owned by the State or | ||||||
14 | any political subdivision, agency,
instrumentality,
district | ||||||
15 | or municipality thereof, which institution engages in, or | ||||||
16 | facilitates
academic, scientific, educational or professional | ||||||
17 | research or learning in a
field or fields of study taught at a | ||||||
18 | private institution of higher education.
Academic institutions | ||||||
19 | include, without limitation, libraries, archives,
academic, | ||||||
20 | scientific, educational or professional societies, | ||||||
21 | institutions,
associations or foundations having such | ||||||
22 | purposes.
| ||||||
23 | (v) The term "cultural institution" means any | ||||||
24 | not-for-profit institution
which
is not owned by the State or | ||||||
25 | any political subdivision, agency,
instrumentality,
district | ||||||
26 | or municipality thereof, which institution engages in the |
| |||||||
| |||||||
1 | cultural,
intellectual, scientific, educational or artistic | ||||||
2 | enrichment of the people of
the State. Cultural institutions | ||||||
3 | include, without limitation, aquaria,
botanical societies, | ||||||
4 | historical societies, libraries, museums, performing arts
| ||||||
5 | associations or societies, scientific societies and zoological | ||||||
6 | societies.
| ||||||
7 | (w) The term "affiliate" means, with respect to financing | ||||||
8 | of an agricultural
facility or an agribusiness, any lender, any | ||||||
9 | person, firm or corporation
controlled by, or under common | ||||||
10 | control with, such lender, and any person, firm
or corporation | ||||||
11 | controlling such lender.
| ||||||
12 | (x) The term "agricultural facility" means land, any | ||||||
13 | building or other
improvement thereon or thereto, and any | ||||||
14 | personal properties deemed necessary or
suitable for use, | ||||||
15 | whether or not now in existence, in farming, ranching, the
| ||||||
16 | production of agricultural commodities (including, without | ||||||
17 | limitation, the
products of aquaculture, hydroponics and | ||||||
18 | silviculture) or the treating,
processing or storing of such | ||||||
19 | agricultural commodities when such activities are
customarily | ||||||
20 | engaged in by farmers as a part of farming.
| ||||||
21 | (y) The term "lender" with respect to financing of an | ||||||
22 | agricultural facility
or an agribusiness, means any federal or | ||||||
23 | State chartered bank, Federal Land
Bank,
Production Credit | ||||||
24 | Association, Bank for Cooperatives, federal or State
chartered | ||||||
25 | savings and loan association or building and loan association, | ||||||
26 | Small
Business
Investment Company or any other institution |
| |||||||
| |||||||
1 | qualified within this State to
originate and service loans, | ||||||
2 | including, but without limitation to, insurance
companies, | ||||||
3 | credit unions and mortgage loan companies. "Lender" also means | ||||||
4 | a
wholly owned subsidiary of a manufacturer, seller or | ||||||
5 | distributor of goods or
services that makes loans to businesses | ||||||
6 | or individuals, commonly known as a
"captive finance company".
| ||||||
7 | (z) The term "agribusiness" means any sole proprietorship, | ||||||
8 | limited
partnership, co-partnership, joint venture, | ||||||
9 | corporation or cooperative which
operates or will operate a | ||||||
10 | facility located within the State of Illinois that
is related | ||||||
11 | to the
processing of agricultural commodities (including, | ||||||
12 | without limitation, the
products of aquaculture, hydroponics | ||||||
13 | and silviculture) or the manufacturing,
production or | ||||||
14 | construction of agricultural buildings, structures, equipment,
| ||||||
15 | implements, and supplies, or any other facilities or processes | ||||||
16 | used in
agricultural production. Agribusiness includes but is | ||||||
17 | not limited to the
following:
| ||||||
18 | (1) grain handling and processing, including grain | ||||||
19 | storage,
drying, treatment, conditioning, mailing and | ||||||
20 | packaging;
| ||||||
21 | (2) seed and feed grain development and processing;
| ||||||
22 | (3) fruit and vegetable processing, including | ||||||
23 | preparation, canning
and packaging;
| ||||||
24 | (4) processing of livestock and livestock products, | ||||||
25 | dairy products,
poultry and poultry products, fish or | ||||||
26 | apiarian products, including slaughter,
shearing, |
| |||||||
| |||||||
1 | collecting, preparation, canning and packaging;
| ||||||
2 | (5) fertilizer and agricultural chemical | ||||||
3 | manufacturing,
processing, application and supplying;
| ||||||
4 | (6) farm machinery, equipment and implement | ||||||
5 | manufacturing and
supplying;
| ||||||
6 | (7) manufacturing and supplying of agricultural | ||||||
7 | commodity
processing machinery and equipment, including | ||||||
8 | machinery and equipment used in
slaughter, treatment, | ||||||
9 | handling, collecting, preparation, canning or packaging
of | ||||||
10 | agricultural commodities;
| ||||||
11 | (8) farm building and farm structure manufacturing, | ||||||
12 | construction
and supplying;
| ||||||
13 | (9) construction, manufacturing, implementation, | ||||||
14 | supplying or
servicing of irrigation, drainage and soil and | ||||||
15 | water conservation devices or
equipment;
| ||||||
16 | (10) fuel processing and development facilities that | ||||||
17 | produce fuel
from agricultural commodities or byproducts;
| ||||||
18 | (11) facilities and equipment for processing and | ||||||
19 | packaging
agricultural commodities specifically for | ||||||
20 | export;
| ||||||
21 | (12) facilities and equipment for forestry product | ||||||
22 | processing and
supplying, including sawmilling operations, | ||||||
23 | wood chip operations, timber
harvesting operations, and | ||||||
24 | manufacturing of prefabricated buildings, paper,
furniture | ||||||
25 | or other goods from forestry products;
| ||||||
26 | (13) facilities and equipment for research and |
| |||||||
| |||||||
1 | development of
products, processes and equipment for the | ||||||
2 | production, processing, preparation
or packaging of | ||||||
3 | agricultural commodities and byproducts.
| ||||||
4 | (aa) The term "asset" with respect to financing of any | ||||||
5 | agricultural facility
or
any agribusiness, means, but is not | ||||||
6 | limited to the following: cash crops or
feed on hand; livestock | ||||||
7 | held for sale; breeding stock; marketable bonds and
securities; | ||||||
8 | securities not readily marketable; accounts receivable; notes
| ||||||
9 | receivable; cash invested in growing crops; net cash value of | ||||||
10 | life insurance;
machinery and equipment; cars and trucks; farm | ||||||
11 | and other real estate including
life estates and personal | ||||||
12 | residence; value of beneficial interests in trusts;
government | ||||||
13 | payments or grants; and any other assets.
| ||||||
14 | (bb) The term "liability" with respect to financing of any | ||||||
15 | agricultural
facility or any agribusiness shall include, but | ||||||
16 | not be limited to the
following:
accounts payable; notes or | ||||||
17 | other indebtedness owed to any source; taxes; rent;
amounts | ||||||
18 | owed on real estate contracts or real estate mortgages; | ||||||
19 | judgments;
accrued interest payable; and any other liability.
| ||||||
20 | (cc) The term "Predecessor Authorities" means those | ||||||
21 | authorities as described
in Section 845-75.
| ||||||
22 | (dd) The term "housing project" means a specific work or | ||||||
23 | improvement
undertaken
to provide residential dwelling | ||||||
24 | accommodations, including the acquisition,
construction or | ||||||
25 | rehabilitation of lands, buildings and community facilities | ||||||
26 | and
in connection therewith to provide nonhousing facilities |
| |||||||
| |||||||
1 | which are part of the
housing project, including land, | ||||||
2 | buildings, improvements, equipment and all
ancillary | ||||||
3 | facilities for use for offices, stores, retirement homes, | ||||||
4 | hotels,
financial institutions, service, health care, | ||||||
5 | education, recreation or research
establishments, or any other | ||||||
6 | commercial purpose which are or are to be related
to a housing | ||||||
7 | development. | ||||||
8 | (ee) The term "conservation project" means any project | ||||||
9 | including the acquisition, construction, rehabilitation, | ||||||
10 | maintenance, operation, or upgrade that is intended to create | ||||||
11 | or expand open space or to reduce energy usage through | ||||||
12 | efficiency measures. For the purpose of this definition, "open | ||||||
13 | space" has the definition set forth under Section 10 of the | ||||||
14 | Illinois Open Land Trust Act.
| ||||||
15 | (Source: P.A. 95-697, eff. 11-6-07.)
| ||||||
16 | Section 90-35. The Illinois Health Facilities Planning Act | ||||||
17 | is amended by changing Sections 3, 12, 13, and 14.1 as follows:
| ||||||
18 | (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
| ||||||
19 | (Section scheduled to be repealed on July 1, 2009)
| ||||||
20 | Sec. 3. Definitions. As used in this Act:
| ||||||
21 | "Health care facilities" means and includes
the following | ||||||
22 | facilities and organizations:
| ||||||
23 | 1. An ambulatory surgical treatment center required to | ||||||
24 | be licensed
pursuant to the Ambulatory Surgical Treatment |
| |||||||
| |||||||
1 | Center Act;
| ||||||
2 | 2. An institution, place, building, or agency required | ||||||
3 | to be licensed
pursuant to the Hospital Licensing Act;
| ||||||
4 | 3. Skilled and intermediate long term care facilities | ||||||
5 | licensed under the
Nursing
Home Care Act or the MR/DD | ||||||
6 | Community Care Act ;
| ||||||
7 | 4. Hospitals, nursing homes, ambulatory surgical | ||||||
8 | treatment centers, or
kidney disease treatment centers
| ||||||
9 | maintained by the State or any department or agency | ||||||
10 | thereof;
| ||||||
11 | 5. Kidney disease treatment centers, including a | ||||||
12 | free-standing
hemodialysis unit required to be licensed | ||||||
13 | under the End Stage Renal Disease Facility Act; and
| ||||||
14 | 6. An institution, place, building, or room used for | ||||||
15 | the performance of
outpatient surgical procedures that is | ||||||
16 | leased, owned, or operated by or on
behalf of an | ||||||
17 | out-of-state facility.
| ||||||
18 | This Act shall not apply to the construction of any new | ||||||
19 | facility or the renovation of any existing facility located on | ||||||
20 | any campus facility as defined in Section 5-5.8b of the | ||||||
21 | Illinois Public Aid Code, provided that the campus facility | ||||||
22 | encompasses 30 or more contiguous acres and that the new or | ||||||
23 | renovated facility is intended for use by a licensed | ||||||
24 | residential facility. | ||||||
25 | No federally owned facility shall be subject to the | ||||||
26 | provisions of this
Act, nor facilities used solely for healing |
| |||||||
| |||||||
1 | by prayer or spiritual means.
| ||||||
2 | No facility licensed under the Supportive Residences | ||||||
3 | Licensing Act or the
Assisted Living and Shared Housing Act
| ||||||
4 | shall be subject to the provisions of this Act.
| ||||||
5 | A facility designated as a supportive living facility that | ||||||
6 | is in good
standing with the program
established under Section | ||||||
7 | 5-5.01a of
the Illinois Public Aid Code shall not be subject to | ||||||
8 | the provisions of this
Act.
| ||||||
9 | This Act does not apply to facilities granted waivers under | ||||||
10 | Section 3-102.2
of the Nursing Home Care Act. However, if a | ||||||
11 | demonstration project under that
Act applies for a certificate
| ||||||
12 | of need to convert to a nursing facility, it shall meet the | ||||||
13 | licensure and
certificate of need requirements in effect as of | ||||||
14 | the date of application. | ||||||
15 | This Act does not apply to a dialysis facility that | ||||||
16 | provides only dialysis training, support, and related services | ||||||
17 | to individuals with end stage renal disease who have elected to | ||||||
18 | receive home dialysis. This Act does not apply to a dialysis | ||||||
19 | unit located in a licensed nursing home that offers or provides | ||||||
20 | dialysis-related services to residents with end stage renal | ||||||
21 | disease who have elected to receive home dialysis within the | ||||||
22 | nursing home. The Board, however, may require these dialysis | ||||||
23 | facilities and licensed nursing homes to report statistical | ||||||
24 | information on a quarterly basis to the Board to be used by the | ||||||
25 | Board to conduct analyses on the need for proposed kidney | ||||||
26 | disease treatment centers.
|
| |||||||
| |||||||
1 | This Act shall not apply to the closure of an entity or a | ||||||
2 | portion of an
entity licensed under the Nursing Home Care Act, | ||||||
3 | with the exceptions of facilities operated by a county or | ||||||
4 | Illinois Veterans Homes, that elects to convert, in
whole or in | ||||||
5 | part, to an assisted living or shared housing establishment
| ||||||
6 | licensed under the Assisted Living and Shared Housing Act.
| ||||||
7 | This Act does not apply to any change of ownership of a | ||||||
8 | healthcare facility that is licensed under the Nursing Home | ||||||
9 | Care Act, with the exceptions of facilities operated by a | ||||||
10 | county or Illinois Veterans Homes. Changes of ownership of | ||||||
11 | facilities licensed under the Nursing Home Care Act must meet | ||||||
12 | the requirements set forth in Sections 3-101 through 3-119 of | ||||||
13 | the Nursing Home Care Act.
| ||||||
14 | With the exception of those health care facilities | ||||||
15 | specifically
included in this Section, nothing in this Act | ||||||
16 | shall be intended to
include facilities operated as a part of | ||||||
17 | the practice of a physician or
other licensed health care | ||||||
18 | professional, whether practicing in his
individual capacity or | ||||||
19 | within the legal structure of any partnership,
medical or | ||||||
20 | professional corporation, or unincorporated medical or
| ||||||
21 | professional group. Further, this Act shall not apply to | ||||||
22 | physicians or
other licensed health care professional's | ||||||
23 | practices where such practices
are carried out in a portion of | ||||||
24 | a health care facility under contract
with such health care | ||||||
25 | facility by a physician or by other licensed
health care | ||||||
26 | professionals, whether practicing in his individual capacity
|
| |||||||
| |||||||
1 | or within the legal structure of any partnership, medical or
| ||||||
2 | professional corporation, or unincorporated medical or | ||||||
3 | professional
groups. This Act shall apply to construction or
| ||||||
4 | modification and to establishment by such health care facility | ||||||
5 | of such
contracted portion which is subject to facility | ||||||
6 | licensing requirements,
irrespective of the party responsible | ||||||
7 | for such action or attendant
financial obligation.
| ||||||
8 | "Person" means any one or more natural persons, legal | ||||||
9 | entities,
governmental bodies other than federal, or any | ||||||
10 | combination thereof.
| ||||||
11 | "Consumer" means any person other than a person (a) whose | ||||||
12 | major
occupation currently involves or whose official capacity | ||||||
13 | within the last
12 months has involved the providing, | ||||||
14 | administering or financing of any
type of health care facility, | ||||||
15 | (b) who is engaged in health research or
the teaching of | ||||||
16 | health, (c) who has a material financial interest in any
| ||||||
17 | activity which involves the providing, administering or | ||||||
18 | financing of any
type of health care facility, or (d) who is or | ||||||
19 | ever has been a member of
the immediate family of the person | ||||||
20 | defined by (a), (b), or (c).
| ||||||
21 | "State Board" means the Health Facilities Planning Board.
| ||||||
22 | "Construction or modification" means the establishment, | ||||||
23 | erection,
building, alteration, reconstruction, modernization, | ||||||
24 | improvement,
extension, discontinuation, change of ownership, | ||||||
25 | of or by a health care
facility, or the purchase or acquisition | ||||||
26 | by or through a health care facility
of
equipment or service |
| |||||||
| |||||||
1 | for diagnostic or therapeutic purposes or for
facility | ||||||
2 | administration or operation, or any capital expenditure made by
| ||||||
3 | or on behalf of a health care facility which
exceeds the | ||||||
4 | capital expenditure minimum; however, any capital expenditure
| ||||||
5 | made by or on behalf of a health care facility for (i) the | ||||||
6 | construction or
modification of a facility licensed under the | ||||||
7 | Assisted Living and Shared
Housing Act or (ii) a conversion | ||||||
8 | project undertaken in accordance with Section 30 of the Older | ||||||
9 | Adult Services Act shall be excluded from any obligations under | ||||||
10 | this Act.
| ||||||
11 | "Establish" means the construction of a health care | ||||||
12 | facility or the
replacement of an existing facility on another | ||||||
13 | site.
| ||||||
14 | "Major medical equipment" means medical equipment which is | ||||||
15 | used for the
provision of medical and other health services and | ||||||
16 | which costs in excess
of the capital expenditure minimum, | ||||||
17 | except that such term does not include
medical equipment | ||||||
18 | acquired
by or on behalf of a clinical laboratory to provide | ||||||
19 | clinical laboratory
services if the clinical laboratory is | ||||||
20 | independent of a physician's office
and a hospital and it has | ||||||
21 | been determined under Title XVIII of the Social
Security Act to | ||||||
22 | meet the requirements of paragraphs (10) and (11) of Section
| ||||||
23 | 1861(s) of such Act. In determining whether medical equipment | ||||||
24 | has a value
in excess of the capital expenditure minimum, the | ||||||
25 | value of studies, surveys,
designs, plans, working drawings, | ||||||
26 | specifications, and other activities
essential to the |
| |||||||
| |||||||
1 | acquisition of such equipment shall be included.
| ||||||
2 | "Capital Expenditure" means an expenditure: (A) made by or | ||||||
3 | on behalf of
a health care facility (as such a facility is | ||||||
4 | defined in this Act); and
(B) which under generally accepted | ||||||
5 | accounting principles is not properly
chargeable as an expense | ||||||
6 | of operation and maintenance, or is made to obtain
by lease or | ||||||
7 | comparable arrangement any facility or part thereof or any
| ||||||
8 | equipment for a facility or part; and which exceeds the capital | ||||||
9 | expenditure
minimum.
| ||||||
10 | For the purpose of this paragraph, the cost of any studies, | ||||||
11 | surveys, designs,
plans, working drawings, specifications, and | ||||||
12 | other activities essential
to the acquisition, improvement, | ||||||
13 | expansion, or replacement of any plant
or equipment with | ||||||
14 | respect to which an expenditure is made shall be included
in | ||||||
15 | determining if such expenditure exceeds the capital | ||||||
16 | expenditures minimum.
Donations of equipment
or facilities to a | ||||||
17 | health care facility which if acquired directly by such
| ||||||
18 | facility would be subject to review under this Act shall be | ||||||
19 | considered capital
expenditures, and a transfer of equipment or | ||||||
20 | facilities for less than fair
market value shall be considered | ||||||
21 | a capital expenditure for purposes of this
Act if a transfer of | ||||||
22 | the equipment or facilities at fair market value would
be | ||||||
23 | subject to review.
| ||||||
24 | "Capital expenditure minimum" means $6,000,000, which | ||||||
25 | shall be annually
adjusted to reflect the increase in | ||||||
26 | construction costs due to inflation, for major medical |
| |||||||
| |||||||
1 | equipment and for all other
capital expenditures; provided, | ||||||
2 | however, that when a capital expenditure is
for the | ||||||
3 | construction or modification of a health and fitness center, | ||||||
4 | "capital
expenditure minimum" means the capital expenditure | ||||||
5 | minimum for all other
capital expenditures in effect on March | ||||||
6 | 1, 2000, which shall be annually
adjusted to reflect the | ||||||
7 | increase in construction costs due to inflation.
| ||||||
8 | "Non-clinical service area" means an area (i) for the | ||||||
9 | benefit of the
patients, visitors, staff, or employees of a | ||||||
10 | health care facility and (ii) not
directly related to the | ||||||
11 | diagnosis, treatment, or rehabilitation of persons
receiving | ||||||
12 | services from the health care facility. "Non-clinical service | ||||||
13 | areas"
include, but are not limited to, chapels; gift shops; | ||||||
14 | news stands; computer
systems; tunnels, walkways, and | ||||||
15 | elevators; telephone systems; projects to
comply with life | ||||||
16 | safety codes; educational facilities; student housing;
| ||||||
17 | patient, employee, staff, and visitor dining areas; | ||||||
18 | administration and
volunteer offices; modernization of | ||||||
19 | structural components (such as roof
replacement and masonry | ||||||
20 | work); boiler repair or replacement; vehicle
maintenance and | ||||||
21 | storage facilities; parking facilities; mechanical systems for
| ||||||
22 | heating, ventilation, and air conditioning; loading docks; and | ||||||
23 | repair or
replacement of carpeting, tile, wall coverings, | ||||||
24 | window coverings or treatments,
or furniture. Solely for the | ||||||
25 | purpose of this definition, "non-clinical service
area" does | ||||||
26 | not include health and fitness centers.
|
| |||||||
| |||||||
1 | "Areawide" means a major area of the State delineated on a
| ||||||
2 | geographic, demographic, and functional basis for health | ||||||
3 | planning and
for health service and having within it one or | ||||||
4 | more local areas for
health planning and health service. The | ||||||
5 | term "region", as contrasted
with the term "subregion", and the | ||||||
6 | word "area" may be used synonymously
with the term "areawide".
| ||||||
7 | "Local" means a subarea of a delineated major area that on | ||||||
8 | a
geographic, demographic, and functional basis may be | ||||||
9 | considered to be
part of such major area. The term "subregion" | ||||||
10 | may be used synonymously
with the term "local".
| ||||||
11 | "Areawide health planning organization" or "Comprehensive | ||||||
12 | health
planning organization" means the health systems agency | ||||||
13 | designated by the
Secretary, Department of Health and Human | ||||||
14 | Services or any successor agency.
| ||||||
15 | "Local health planning organization" means those local | ||||||
16 | health
planning organizations that are designated as such by | ||||||
17 | the areawide
health planning organization of the appropriate | ||||||
18 | area.
| ||||||
19 | "Physician" means a person licensed to practice in | ||||||
20 | accordance with
the Medical Practice Act of 1987, as amended.
| ||||||
21 | "Licensed health care professional" means a person | ||||||
22 | licensed to
practice a health profession under pertinent | ||||||
23 | licensing statutes of the
State of Illinois.
| ||||||
24 | "Director" means the Director of the Illinois Department of | ||||||
25 | Public Health.
| ||||||
26 | "Agency" means the Illinois Department of Public Health.
|
| |||||||
| |||||||
1 | "Comprehensive health planning" means health planning | ||||||
2 | concerned with
the total population and all health and | ||||||
3 | associated problems that affect
the well-being of people and | ||||||
4 | that encompasses health services, health
manpower, and health | ||||||
5 | facilities; and the coordination among these and
with those | ||||||
6 | social, economic, and environmental factors that affect | ||||||
7 | health.
| ||||||
8 | "Alternative health care model" means a facility or program | ||||||
9 | authorized
under the Alternative Health Care Delivery Act.
| ||||||
10 | "Out-of-state facility" means a person that is both (i) | ||||||
11 | licensed as a
hospital or as an ambulatory surgery center under | ||||||
12 | the laws of another state
or that
qualifies as a hospital or an | ||||||
13 | ambulatory surgery center under regulations
adopted pursuant | ||||||
14 | to the Social Security Act and (ii) not licensed under the
| ||||||
15 | Ambulatory Surgical Treatment Center Act, the Hospital | ||||||
16 | Licensing Act, or the
Nursing Home Care Act. Affiliates of | ||||||
17 | out-of-state facilities shall be
considered out-of-state | ||||||
18 | facilities. Affiliates of Illinois licensed health
care | ||||||
19 | facilities 100% owned by an Illinois licensed health care | ||||||
20 | facility, its
parent, or Illinois physicians licensed to | ||||||
21 | practice medicine in all its
branches shall not be considered | ||||||
22 | out-of-state facilities. Nothing in
this definition shall be
| ||||||
23 | construed to include an office or any part of an office of a | ||||||
24 | physician licensed
to practice medicine in all its branches in | ||||||
25 | Illinois that is not required to be
licensed under the | ||||||
26 | Ambulatory Surgical Treatment Center Act.
|
| |||||||
| |||||||
1 | "Change of ownership of a health care facility" means a | ||||||
2 | change in the
person
who has ownership or
control of a health | ||||||
3 | care facility's physical plant and capital assets. A change
in | ||||||
4 | ownership is indicated by
the following transactions: sale, | ||||||
5 | transfer, acquisition, lease, change of
sponsorship, or other | ||||||
6 | means of
transferring control.
| ||||||
7 | "Related person" means any person that: (i) is at least 50% | ||||||
8 | owned, directly
or indirectly, by
either the health care | ||||||
9 | facility or a person owning, directly or indirectly, at
least | ||||||
10 | 50% of the health
care facility; or (ii) owns, directly or | ||||||
11 | indirectly, at least 50% of the
health care facility.
| ||||||
12 | "Charity care" means care provided by a health care | ||||||
13 | facility for which the provider does not expect to receive | ||||||
14 | payment from the patient or a third-party payer. | ||||||
15 | "Freestanding emergency center" means a facility subject | ||||||
16 | to licensure under Section 32.5 of the Emergency Medical | ||||||
17 | Services (EMS) Systems Act. | ||||||
18 | (Source: P.A. 94-342, eff. 7-26-05; 95-331, eff. 8-21-07; | ||||||
19 | 95-543, eff. 8-28-07; 95-584, eff. 8-31-07; 95-727, eff. | ||||||
20 | 6-30-08; 95-876, eff. 8-21-08.)
| ||||||
21 | (20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)
| ||||||
22 | (Section scheduled to be repealed on July 1, 2009)
| ||||||
23 | Sec. 12. Powers and duties of State Board. For purposes of | ||||||
24 | this Act,
the State Board
shall
exercise the following powers | ||||||
25 | and duties:
|
| |||||||
| |||||||
1 | (1) Prescribe rules,
regulations, standards, criteria, | ||||||
2 | procedures or reviews which may vary
according to the purpose | ||||||
3 | for which a particular review is being conducted
or the type of | ||||||
4 | project reviewed and which are required to carry out the
| ||||||
5 | provisions and purposes of this Act.
| ||||||
6 | (2) Adopt procedures for public
notice and hearing on all | ||||||
7 | proposed rules, regulations, standards,
criteria, and plans | ||||||
8 | required to carry out the provisions of this Act.
| ||||||
9 | (3) Prescribe criteria for
recognition for areawide health | ||||||
10 | planning organizations, including, but
not limited to, | ||||||
11 | standards for evaluating the scientific bases for
judgments on | ||||||
12 | need and procedure for making these determinations.
| ||||||
13 | (4) Develop criteria and standards for health care | ||||||
14 | facilities planning,
conduct statewide inventories of health | ||||||
15 | care facilities, maintain an updated
inventory on the | ||||||
16 | Department's web site reflecting the
most recent bed and | ||||||
17 | service
changes and updated need determinations when new census | ||||||
18 | data become available
or new need formulae
are adopted,
and
| ||||||
19 | develop health care facility plans which shall be utilized in | ||||||
20 | the review of
applications for permit under
this Act. Such | ||||||
21 | health facility plans shall be coordinated by the Agency
with | ||||||
22 | the health care facility plans areawide health planning
| ||||||
23 | organizations and with other pertinent State Plans. | ||||||
24 | Inventories pursuant to this Section of skilled or intermediate | ||||||
25 | care facilities licensed under the Nursing Home Care Act or the | ||||||
26 | MR/DD Community Care Act or nursing homes licensed under the |
| |||||||
| |||||||
1 | Hospital Licensing Act shall be conducted on an annual basis no | ||||||
2 | later than July 1 of each year and shall include among the | ||||||
3 | information requested a list of all services provided by a | ||||||
4 | facility to its residents and to the community at large and | ||||||
5 | differentiate between active and inactive beds.
| ||||||
6 | In developing health care facility plans, the State Board | ||||||
7 | shall consider,
but shall not be limited to, the following:
| ||||||
8 | (a) The size, composition and growth of the population | ||||||
9 | of the area
to be served;
| ||||||
10 | (b) The number of existing and planned facilities | ||||||
11 | offering similar
programs;
| ||||||
12 | (c) The extent of utilization of existing facilities;
| ||||||
13 | (d) The availability of facilities which may serve as | ||||||
14 | alternatives
or substitutes;
| ||||||
15 | (e) The availability of personnel necessary to the | ||||||
16 | operation of the
facility;
| ||||||
17 | (f) Multi-institutional planning and the establishment | ||||||
18 | of
multi-institutional systems where feasible;
| ||||||
19 | (g) The financial and economic feasibility of proposed | ||||||
20 | construction
or modification; and
| ||||||
21 | (h) In the case of health care facilities established | ||||||
22 | by a religious
body or denomination, the needs of the | ||||||
23 | members of such religious body or
denomination may be | ||||||
24 | considered to be public need.
| ||||||
25 | The health care facility plans which are developed and | ||||||
26 | adopted in
accordance with this Section shall form the basis |
| |||||||
| |||||||
1 | for the plan of the State
to deal most effectively with | ||||||
2 | statewide health needs in regard to health
care facilities.
| ||||||
3 | (5) Coordinate with other state agencies having | ||||||
4 | responsibilities
affecting health care facilities, including | ||||||
5 | those of licensure and cost
reporting.
| ||||||
6 | (6) Solicit, accept, hold and administer on behalf of the | ||||||
7 | State
any grants or bequests of money, securities or property | ||||||
8 | for
use by the State Board or recognized areawide health | ||||||
9 | planning
organizations in the administration of this Act; and | ||||||
10 | enter into contracts
consistent with the appropriations for | ||||||
11 | purposes enumerated in this Act.
| ||||||
12 | (7) The State Board shall prescribe, in
consultation with | ||||||
13 | the recognized
areawide health planning organizations, | ||||||
14 | procedures for review, standards,
and criteria which shall be | ||||||
15 | utilized
to make periodic areawide reviews and determinations | ||||||
16 | of the appropriateness
of any existing health services being | ||||||
17 | rendered by health care facilities
subject to the Act. The | ||||||
18 | State Board shall consider recommendations of the
areawide | ||||||
19 | health planning organization and the Agency in making its
| ||||||
20 | determinations.
| ||||||
21 | (8) Prescribe, in consultation
with the recognized | ||||||
22 | areawide health planning organizations, rules, regulations,
| ||||||
23 | standards, and criteria for the conduct of an expeditious | ||||||
24 | review of
applications
for permits for projects of construction | ||||||
25 | or modification of a health care
facility, which projects are | ||||||
26 | non-substantive in nature. Such rules shall
not abridge the |
| |||||||
| |||||||
1 | right of areawide health planning organizations to make
| ||||||
2 | recommendations on the classification and approval of | ||||||
3 | projects, nor shall
such rules prevent the conduct of a public | ||||||
4 | hearing upon the timely request
of an interested party. Such | ||||||
5 | reviews shall not exceed 60 days from the
date the application | ||||||
6 | is declared to be complete by the Agency.
| ||||||
7 | (9) Prescribe rules, regulations,
standards, and criteria | ||||||
8 | pertaining to the granting of permits for
construction
and | ||||||
9 | modifications which are emergent in nature and must be | ||||||
10 | undertaken
immediately to prevent or correct structural | ||||||
11 | deficiencies or hazardous
conditions that may harm or injure | ||||||
12 | persons using the facility, as defined
in the rules and | ||||||
13 | regulations of the State Board. This procedure is exempt
from | ||||||
14 | public hearing requirements of this Act.
| ||||||
15 | (10) Prescribe rules,
regulations, standards and criteria | ||||||
16 | for the conduct of an expeditious
review, not exceeding 60 | ||||||
17 | days, of applications for permits for projects to
construct or | ||||||
18 | modify health care facilities which are needed for the care
and | ||||||
19 | treatment of persons who have acquired immunodeficiency | ||||||
20 | syndrome (AIDS)
or related conditions.
| ||||||
21 | (Source: P.A. 93-41, eff. 6-27-03; 94-983, eff. 6-30-06 .)
| ||||||
22 | (20 ILCS 3960/13) (from Ch. 111 1/2, par. 1163)
| ||||||
23 | (Section scheduled to be repealed on July 1, 2009)
| ||||||
24 | Sec. 13. Investigation of applications for permits and | ||||||
25 | certificates of
recognition. The Agency or the State Board |
| |||||||
| |||||||
1 | shall make or cause to be made
such investigations as it or the | ||||||
2 | State Board deems necessary in connection
with an application | ||||||
3 | for a permit or an application for a certificate of
| ||||||
4 | recognition, or in connection with a determination of whether | ||||||
5 | or not
construction
or modification which has been commenced is | ||||||
6 | in accord with the permit issued
by the State Board or whether | ||||||
7 | construction or modification has been commenced
without a | ||||||
8 | permit having been obtained. The State Board may issue | ||||||
9 | subpoenas
duces tecum requiring the production of records and | ||||||
10 | may administer oaths
to such witnesses.
| ||||||
11 | Any circuit court of this State, upon the application of | ||||||
12 | the State Board
or upon the application of any party to such | ||||||
13 | proceedings, may, in its
discretion,
compel the attendance of | ||||||
14 | witnesses, the production of books, papers, records,
or | ||||||
15 | memoranda and the giving of testimony before the State Board, | ||||||
16 | by a
proceeding
as for contempt, or otherwise, in the same | ||||||
17 | manner as production of evidence
may be compelled before the | ||||||
18 | court.
| ||||||
19 | The State Board shall require all health facilities | ||||||
20 | operating
in this State
to provide such reasonable reports at | ||||||
21 | such times and containing such
information
as is needed by it | ||||||
22 | to carry out the purposes and provisions of this Act.
Prior to | ||||||
23 | collecting information from health facilities, the State Board
| ||||||
24 | shall make reasonable efforts
through a public process to | ||||||
25 | consult with health facilities and associations
that represent | ||||||
26 | them to determine
whether data and information requests will |
| |||||||
| |||||||
1 | result in useful information for
health planning, whether
| ||||||
2 | sufficient information is available from other sources, and | ||||||
3 | whether data
requested is routinely collected
by health | ||||||
4 | facilities and is available without retrospective record | ||||||
5 | review. Data
and information requests
shall not impose undue | ||||||
6 | paperwork burdens on health care facilities and
personnel.
| ||||||
7 | Health facilities not complying with this requirement shall be | ||||||
8 | reported
to licensing, accrediting, certifying, or payment | ||||||
9 | agencies as being in
violation
of State law. Health care | ||||||
10 | facilities and other parties at interest shall
have reasonable | ||||||
11 | access, under rules established by the State Board, to all
| ||||||
12 | planning information submitted in accord with this Act | ||||||
13 | pertaining to their
area.
| ||||||
14 | Among the reports to be required by the State Board are | ||||||
15 | facility questionnaires for health care facilities licensed | ||||||
16 | under the Ambulatory Surgical Treatment Center Act, the | ||||||
17 | Hospital Licensing Act, the Nursing Home Care Act, the MR/DD | ||||||
18 | Community Care Act, or the End Stage Renal Disease Facility | ||||||
19 | Act. These questionnaires shall be conducted on an annual basis | ||||||
20 | and compiled by the Agency. For health care facilities licensed | ||||||
21 | under the Nursing Home Care Act or the MR/DD Community Care | ||||||
22 | Act , these reports shall include, but not be limited to, the | ||||||
23 | identification of specialty services provided by the facility | ||||||
24 | to patients, residents, and the community at large. For health | ||||||
25 | care facilities that contain long term care beds, the reports | ||||||
26 | shall also include the number of staffed long term care beds, |
| |||||||
| |||||||
1 | physical capacity for long term care beds at the facility, and | ||||||
2 | long term care beds available for immediate occupancy. For | ||||||
3 | purposes of this paragraph, "long term care beds" means beds
| ||||||
4 | (i) licensed under the Nursing Home Care Act or the MR/DD | ||||||
5 | Community Care Act or (ii) licensed under the Hospital | ||||||
6 | Licensing Act and certified as skilled nursing or nursing | ||||||
7 | facility beds under Medicaid or Medicare.
| ||||||
8 | (Source: P.A. 93-41, eff. 6-27-03; 94-983, eff. 6-30-06 .)
| ||||||
9 | (20 ILCS 3960/14.1)
| ||||||
10 | (Section scheduled to be repealed on July 1, 2009)
| ||||||
11 | Sec. 14.1. Denial of permit; other sanctions.
| ||||||
12 | (a) The State Board may deny an application for a permit or | ||||||
13 | may revoke or
take other action as permitted by this Act with | ||||||
14 | regard to a permit as the State
Board deems appropriate, | ||||||
15 | including the imposition of fines as set forth in this
Section, | ||||||
16 | for any one or a combination of the following:
| ||||||
17 | (1) The acquisition of major medical equipment without | ||||||
18 | a permit or in
violation of the terms of a permit.
| ||||||
19 | (2) The establishment, construction, or modification | ||||||
20 | of a health care
facility without a permit or in violation | ||||||
21 | of the terms of a permit.
| ||||||
22 | (3) The violation of any provision of this Act or any | ||||||
23 | rule adopted
under this Act.
| ||||||
24 | (4) The failure, by any person subject to this Act, to | ||||||
25 | provide information
requested by the State Board or Agency |
| |||||||
| |||||||
1 | within 30 days after a formal written
request for the | ||||||
2 | information.
| ||||||
3 | (5) The failure to pay any fine imposed under this | ||||||
4 | Section within 30 days
of its imposition.
| ||||||
5 | (a-5) For facilities licensed under the Nursing Home Care | ||||||
6 | Act or the MR/DD Community Care Act , no permit shall be denied | ||||||
7 | on the basis of prior operator history, other than for actions | ||||||
8 | specified under item (2), (4), or (5) of Section 3-117 of the | ||||||
9 | Nursing Home Care Act or under item (2), (4), or (5) of Section | ||||||
10 | 3-117 of the MR/DD Community Care Act .
| ||||||
11 | (b) Persons shall be subject to fines as follows:
| ||||||
12 | (1) A permit holder who fails to comply with the | ||||||
13 | requirements of
maintaining a valid permit shall be fined | ||||||
14 | an amount not to exceed 1% of the
approved permit amount | ||||||
15 | plus an additional 1% of the approved permit amount for
| ||||||
16 | each 30-day period, or fraction thereof, that the violation | ||||||
17 | continues.
| ||||||
18 | (2) A permit holder who alters the scope of an approved | ||||||
19 | project or whose
project costs exceed the allowable permit | ||||||
20 | amount without first obtaining
approval from the State | ||||||
21 | Board shall be fined an amount not to exceed the sum of
(i) | ||||||
22 | the lesser of $25,000 or 2% of the approved permit amount | ||||||
23 | and (ii) in those
cases where the approved permit amount is | ||||||
24 | exceeded by more than $1,000,000, an
additional $20,000 for | ||||||
25 | each $1,000,000, or fraction thereof, in excess of the
| ||||||
26 | approved permit amount.
|
| |||||||
| |||||||
1 | (3) A person who acquires major medical equipment or | ||||||
2 | who establishes a
category of service without first | ||||||
3 | obtaining a permit or exemption, as the case
may be, shall | ||||||
4 | be fined an amount not to exceed $10,000 for each such
| ||||||
5 | acquisition or category of service established plus an | ||||||
6 | additional $10,000 for
each 30-day period, or fraction | ||||||
7 | thereof, that the violation continues.
| ||||||
8 | (4) A person who constructs, modifies, or establishes a | ||||||
9 | health care
facility without first obtaining a permit shall | ||||||
10 | be fined an amount not to
exceed $25,000 plus an additional | ||||||
11 | $25,000 for each 30-day period, or fraction
thereof, that | ||||||
12 | the violation continues.
| ||||||
13 | (5) A person who discontinues a health care facility or | ||||||
14 | a category of
service without first obtaining a permit | ||||||
15 | shall be fined an amount not to exceed
$10,000 plus an | ||||||
16 | additional $10,000 for each 30-day period, or fraction | ||||||
17 | thereof,
that the violation continues. For purposes of this | ||||||
18 | subparagraph (5), facilities licensed under the Nursing | ||||||
19 | Home Care Act or the MR/DD Community Care Act , with the | ||||||
20 | exceptions of facilities operated by a county or Illinois | ||||||
21 | Veterans Homes, are exempt from this permit requirement. | ||||||
22 | However, facilities licensed under the Nursing Home Care | ||||||
23 | Act or the MR/DD Community Care Act must comply with | ||||||
24 | Section 3-423 of the Nursing Home Care that Act or Section | ||||||
25 | 3-423 of the MR/DD Community Care Act and must provide the | ||||||
26 | Board with 30-days' written notice of its intent to close.
|
| |||||||
| |||||||
1 | (6) A person subject to this Act who fails to provide | ||||||
2 | information
requested by the State Board or Agency within | ||||||
3 | 30 days of a formal written
request shall be fined an | ||||||
4 | amount not to exceed $1,000 plus an additional $1,000
for | ||||||
5 | each 30-day period, or fraction thereof, that the | ||||||
6 | information is not
received by the State Board or Agency.
| ||||||
7 | (c) Before imposing any fine authorized under this Section, | ||||||
8 | the State Board
shall afford the person or permit holder, as | ||||||
9 | the case may be, an appearance
before the State Board and an | ||||||
10 | opportunity for a hearing before a hearing
officer appointed by | ||||||
11 | the State Board. The hearing shall be conducted in
accordance | ||||||
12 | with Section 10.
| ||||||
13 | (d) All fines collected under this Act shall be transmitted | ||||||
14 | to the State
Treasurer, who shall deposit them into the | ||||||
15 | Illinois Health Facilities Planning
Fund.
| ||||||
16 | (Source: P.A. 95-543, eff. 8-28-07 .)
| ||||||
17 | Section 90-40. The Innovations in Long-term Care Quality | ||||||
18 | Grants Act is amended by changing Section 10 as follows:
| ||||||
19 | (30 ILCS 772/10)
| ||||||
20 | Sec. 10. Eligibility for grant. Grants may only be made to
| ||||||
21 | facilities licensed under the Nursing Home Care Act or the | ||||||
22 | MR/DD Community Care Act .
Grants may only be made for projects | ||||||
23 | that
show innovations and measurable improvement in resident | ||||||
24 | care, quality of life,
|
| |||||||
| |||||||
1 | (Source: P.A. 92-784, eff. 8-6-02.)
| ||||||
2 | Section 90-45. The Illinois Income Tax Act is amended by | ||||||
3 | changing Section 806 as follows:
| ||||||
4 | (35 ILCS 5/806)
| ||||||
5 | Sec. 806. Exemption from penalty. An individual taxpayer | ||||||
6 | shall not be
subject to a penalty for failing to pay estimated | ||||||
7 | tax as required by Section
803 if the
taxpayer is 65 years of | ||||||
8 | age or older and is a permanent resident of a nursing
home.
For | ||||||
9 | purposes of this Section, "nursing home" means a skilled | ||||||
10 | nursing or
intermediate long term care facility that is subject | ||||||
11 | to licensure by the
Illinois
Department of Public Health under | ||||||
12 | the Nursing Home Care Act or the MR/DD Community Care Act .
| ||||||
13 | (Source: P.A. 90-491, eff. 1-1-98.)
| ||||||
14 | Section 90-50. The Use Tax Act is amended by changing | ||||||
15 | Section 3-5 as follows:
| ||||||
16 | (35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
| ||||||
17 | Sec. 3-5. Exemptions. Use of the following tangible | ||||||
18 | personal property
is exempt from the tax imposed by this Act:
| ||||||
19 | (1) Personal property purchased from a corporation, | ||||||
20 | society, association,
foundation, institution, or | ||||||
21 | organization, other than a limited liability
company, that is | ||||||
22 | organized and operated as a not-for-profit service enterprise
|
| |||||||
| |||||||
1 | for the benefit of persons 65 years of age or older if the | ||||||
2 | personal property
was not purchased by the enterprise for the | ||||||
3 | purpose of resale by the
enterprise.
| ||||||
4 | (2) Personal property purchased by a not-for-profit | ||||||
5 | Illinois county
fair association for use in conducting, | ||||||
6 | operating, or promoting the
county fair.
| ||||||
7 | (3) Personal property purchased by a not-for-profit
arts or | ||||||
8 | cultural organization that establishes, by proof required by | ||||||
9 | the
Department by
rule, that it has received an exemption under | ||||||
10 | Section 501(c)(3) of the Internal
Revenue Code and that is | ||||||
11 | organized and operated primarily for the
presentation
or | ||||||
12 | support of arts or cultural programming, activities, or | ||||||
13 | services. These
organizations include, but are not limited to, | ||||||
14 | music and dramatic arts
organizations such as symphony | ||||||
15 | orchestras and theatrical groups, arts and
cultural service | ||||||
16 | organizations, local arts councils, visual arts organizations,
| ||||||
17 | and media arts organizations.
On and after the effective date | ||||||
18 | of this amendatory Act of the 92nd General
Assembly, however, | ||||||
19 | an entity otherwise eligible for this exemption shall not
make | ||||||
20 | tax-free purchases unless it has an active identification | ||||||
21 | number issued by
the Department.
| ||||||
22 | (4) Personal property purchased by a governmental body, by | ||||||
23 | a
corporation, society, association, foundation, or | ||||||
24 | institution organized and
operated exclusively for charitable, | ||||||
25 | religious, or educational purposes, or
by a not-for-profit | ||||||
26 | corporation, society, association, foundation,
institution, or |
| |||||||
| |||||||
1 | organization that has no compensated officers or employees
and | ||||||
2 | that is organized and operated primarily for the recreation of | ||||||
3 | persons
55 years of age or older. A limited liability company | ||||||
4 | may qualify for the
exemption under this paragraph only if the | ||||||
5 | limited liability company is
organized and operated | ||||||
6 | exclusively for educational purposes. On and after July
1, | ||||||
7 | 1987, however, no entity otherwise eligible for this exemption | ||||||
8 | shall make
tax-free purchases unless it has an active exemption | ||||||
9 | identification number
issued by the Department.
| ||||||
10 | (5) Until July 1, 2003, a passenger car that is a | ||||||
11 | replacement vehicle to
the extent that the
purchase price of | ||||||
12 | the car is subject to the Replacement Vehicle Tax.
| ||||||
13 | (6) Until July 1, 2003 and beginning again on September 1, | ||||||
14 | 2004, graphic arts machinery and equipment, including
repair | ||||||
15 | and replacement
parts, both new and used, and including that | ||||||
16 | manufactured on special order,
certified by the purchaser to be | ||||||
17 | used primarily for graphic arts production,
and including | ||||||
18 | machinery and equipment purchased for lease.
Equipment | ||||||
19 | includes chemicals or chemicals acting as catalysts but only if
| ||||||
20 | the
chemicals or chemicals acting as catalysts effect a direct | ||||||
21 | and immediate change
upon a graphic arts product.
| ||||||
22 | (7) Farm chemicals.
| ||||||
23 | (8) Legal tender, currency, medallions, or gold or silver | ||||||
24 | coinage issued by
the State of Illinois, the government of the | ||||||
25 | United States of America, or the
government of any foreign | ||||||
26 | country, and bullion.
|
| |||||||
| |||||||
1 | (9) Personal property purchased from a teacher-sponsored | ||||||
2 | student
organization affiliated with an elementary or | ||||||
3 | secondary school located in
Illinois.
| ||||||
4 | (10) A motor vehicle of the first division, a motor vehicle | ||||||
5 | of the
second division that is a self-contained motor vehicle | ||||||
6 | designed or
permanently converted to provide living quarters | ||||||
7 | for recreational, camping,
or travel use, with direct walk | ||||||
8 | through to the living quarters from the
driver's seat, or a | ||||||
9 | motor vehicle of the second division that is of the
van | ||||||
10 | configuration designed for the transportation of not less than | ||||||
11 | 7 nor
more than 16 passengers, as defined in Section 1-146 of | ||||||
12 | the Illinois
Vehicle Code, that is used for automobile renting, | ||||||
13 | as defined in the
Automobile Renting Occupation and Use Tax | ||||||
14 | Act.
| ||||||
15 | (11) Farm machinery and equipment, both new and used,
| ||||||
16 | including that manufactured on special order, certified by the | ||||||
17 | purchaser
to be used primarily for production agriculture or | ||||||
18 | State or federal
agricultural programs, including individual | ||||||
19 | replacement parts for
the machinery and equipment, including | ||||||
20 | machinery and equipment
purchased
for lease,
and including | ||||||
21 | implements of husbandry defined in Section 1-130 of
the | ||||||
22 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
23 | chemical and
fertilizer spreaders, and nurse wagons required to | ||||||
24 | be registered
under Section 3-809 of the Illinois Vehicle Code,
| ||||||
25 | but excluding other motor
vehicles required to be
registered | ||||||
26 | under the Illinois Vehicle Code.
Horticultural polyhouses or |
| |||||||
| |||||||
1 | hoop houses used for propagating, growing, or
overwintering | ||||||
2 | plants shall be considered farm machinery and equipment under
| ||||||
3 | this item (11).
Agricultural chemical tender tanks and dry | ||||||
4 | boxes shall include units sold
separately from a motor vehicle | ||||||
5 | required to be licensed and units sold mounted
on a motor | ||||||
6 | vehicle required to be licensed if the selling price of the | ||||||
7 | tender
is separately stated.
| ||||||
8 | Farm machinery and equipment shall include precision | ||||||
9 | farming equipment
that is
installed or purchased to be | ||||||
10 | installed on farm machinery and equipment
including, but not | ||||||
11 | limited to, tractors, harvesters, sprayers, planters,
seeders, | ||||||
12 | or spreaders.
Precision farming equipment includes, but is not | ||||||
13 | limited to, soil testing
sensors, computers, monitors, | ||||||
14 | software, global positioning
and mapping systems, and other | ||||||
15 | such equipment.
| ||||||
16 | Farm machinery and equipment also includes computers, | ||||||
17 | sensors, software, and
related equipment used primarily in the
| ||||||
18 | computer-assisted operation of production agriculture | ||||||
19 | facilities, equipment,
and
activities such as, but not limited | ||||||
20 | to,
the collection, monitoring, and correlation of
animal and | ||||||
21 | crop data for the purpose of
formulating animal diets and | ||||||
22 | agricultural chemicals. This item (11) is exempt
from the | ||||||
23 | provisions of
Section 3-90.
| ||||||
24 | (12) Fuel and petroleum products sold to or used by an air | ||||||
25 | common
carrier, certified by the carrier to be used for | ||||||
26 | consumption, shipment, or
storage in the conduct of its |
| |||||||
| |||||||
1 | business as an air common carrier, for a
flight destined for or | ||||||
2 | returning from a location or locations
outside the United | ||||||
3 | States without regard to previous or subsequent domestic
| ||||||
4 | stopovers.
| ||||||
5 | (13) Proceeds of mandatory service charges separately
| ||||||
6 | stated on customers' bills for the purchase and consumption of | ||||||
7 | food and
beverages purchased at retail from a retailer, to the | ||||||
8 | extent that the proceeds
of the service charge are in fact | ||||||
9 | turned over as tips or as a substitute
for tips to the | ||||||
10 | employees who participate directly in preparing, serving,
| ||||||
11 | hosting or cleaning up the food or beverage function with | ||||||
12 | respect to which
the service charge is imposed.
| ||||||
13 | (14) Until July 1, 2003, oil field exploration, drilling, | ||||||
14 | and production
equipment,
including (i) rigs and parts of rigs, | ||||||
15 | rotary
rigs, cable tool rigs, and workover rigs, (ii) pipe and | ||||||
16 | tubular goods,
including casing and drill strings, (iii) pumps | ||||||
17 | and pump-jack units, (iv)
storage tanks and flow lines, (v) any | ||||||
18 | individual replacement part for oil
field exploration, | ||||||
19 | drilling, and production equipment, and (vi) machinery and
| ||||||
20 | equipment purchased
for lease; but excluding motor vehicles | ||||||
21 | required to be registered under the
Illinois Vehicle Code.
| ||||||
22 | (15) Photoprocessing machinery and equipment, including | ||||||
23 | repair and
replacement parts, both new and used, including that
| ||||||
24 | manufactured on special order, certified by the purchaser to be | ||||||
25 | used
primarily for photoprocessing, and including
| ||||||
26 | photoprocessing machinery and equipment purchased for lease.
|
| |||||||
| |||||||
1 | (16) Until July 1, 2003, coal exploration, mining, | ||||||
2 | offhighway hauling,
processing, maintenance, and reclamation | ||||||
3 | equipment,
including replacement parts and equipment, and
| ||||||
4 | including equipment purchased for lease, but excluding motor
| ||||||
5 | vehicles required to be registered under the Illinois Vehicle | ||||||
6 | Code.
| ||||||
7 | (17) Until July 1, 2003, distillation machinery and | ||||||
8 | equipment, sold as a
unit or kit,
assembled or installed by the | ||||||
9 | retailer, certified by the user to be used
only for the | ||||||
10 | production of ethyl alcohol that will be used for consumption
| ||||||
11 | as motor fuel or as a component of motor fuel for the personal | ||||||
12 | use of the
user, and not subject to sale or resale.
| ||||||
13 | (18) Manufacturing and assembling machinery and equipment | ||||||
14 | used
primarily in the process of manufacturing or assembling | ||||||
15 | tangible
personal property for wholesale or retail sale or | ||||||
16 | lease, whether that sale
or lease is made directly by the | ||||||
17 | manufacturer or by some other person,
whether the materials | ||||||
18 | used in the process are
owned by the manufacturer or some other | ||||||
19 | person, or whether that sale or
lease is made apart from or as | ||||||
20 | an incident to the seller's engaging in
the service occupation | ||||||
21 | of producing machines, tools, dies, jigs,
patterns, gauges, or | ||||||
22 | other similar items of no commercial value on
special order for | ||||||
23 | a particular purchaser.
| ||||||
24 | (19) Personal property delivered to a purchaser or | ||||||
25 | purchaser's donee
inside Illinois when the purchase order for | ||||||
26 | that personal property was
received by a florist located |
| |||||||
| |||||||
1 | outside Illinois who has a florist located
inside Illinois | ||||||
2 | deliver the personal property.
| ||||||
3 | (20) Semen used for artificial insemination of livestock | ||||||
4 | for direct
agricultural production.
| ||||||
5 | (21) Horses, or interests in horses, registered with and | ||||||
6 | meeting the
requirements of any of the
Arabian Horse Club | ||||||
7 | Registry of America, Appaloosa Horse Club, American Quarter
| ||||||
8 | Horse Association, United States
Trotting Association, or | ||||||
9 | Jockey Club, as appropriate, used for
purposes of breeding or | ||||||
10 | racing for prizes. This item (21) is exempt from the provisions | ||||||
11 | of Section 3-90, and the exemption provided for under this item | ||||||
12 | (21) applies for all periods beginning May 30, 1995, but no | ||||||
13 | claim for credit or refund is allowed on or after January 1, | ||||||
14 | 2008
for such taxes paid during the period beginning May 30, | ||||||
15 | 2000 and ending on January 1, 2008.
| ||||||
16 | (22) Computers and communications equipment utilized for | ||||||
17 | any
hospital
purpose
and equipment used in the diagnosis,
| ||||||
18 | analysis, or treatment of hospital patients purchased by a | ||||||
19 | lessor who leases
the
equipment, under a lease of one year or | ||||||
20 | longer executed or in effect at the
time the lessor would | ||||||
21 | otherwise be subject to the tax imposed by this Act, to a
| ||||||
22 | hospital
that has been issued an active tax exemption | ||||||
23 | identification number by
the
Department under Section 1g of the | ||||||
24 | Retailers' Occupation Tax Act. If the
equipment is leased in a | ||||||
25 | manner that does not qualify for
this exemption or is used in | ||||||
26 | any other non-exempt manner, the lessor
shall be liable for the
|
| |||||||
| |||||||
1 | tax imposed under this Act or the Service Use Tax Act, as the | ||||||
2 | case may
be, based on the fair market value of the property at | ||||||
3 | the time the
non-qualifying use occurs. No lessor shall collect | ||||||
4 | or attempt to collect an
amount (however
designated) that | ||||||
5 | purports to reimburse that lessor for the tax imposed by this
| ||||||
6 | Act or the Service Use Tax Act, as the case may be, if the tax | ||||||
7 | has not been
paid by the lessor. If a lessor improperly | ||||||
8 | collects any such amount from the
lessee, the lessee shall have | ||||||
9 | a legal right to claim a refund of that amount
from the lessor. | ||||||
10 | If, however, that amount is not refunded to the lessee for
any | ||||||
11 | reason, the lessor is liable to pay that amount to the | ||||||
12 | Department.
| ||||||
13 | (23) Personal property purchased by a lessor who leases the
| ||||||
14 | property, under
a
lease of
one year or longer executed or in | ||||||
15 | effect at the time
the lessor would otherwise be subject to the | ||||||
16 | tax imposed by this Act,
to a governmental body
that has been | ||||||
17 | issued an active sales tax exemption identification number by | ||||||
18 | the
Department under Section 1g of the Retailers' Occupation | ||||||
19 | Tax Act.
If the
property is leased in a manner that does not | ||||||
20 | qualify for
this exemption
or used in any other non-exempt | ||||||
21 | manner, the lessor shall be liable for the
tax imposed under | ||||||
22 | this Act or the Service Use Tax Act, as the case may
be, based | ||||||
23 | on the fair market value of the property at the time the
| ||||||
24 | non-qualifying use occurs. No lessor shall collect or attempt | ||||||
25 | to collect an
amount (however
designated) that purports to | ||||||
26 | reimburse that lessor for the tax imposed by this
Act or the |
| |||||||
| |||||||
1 | Service Use Tax Act, as the case may be, if the tax has not been
| ||||||
2 | paid by the lessor. If a lessor improperly collects any such | ||||||
3 | amount from the
lessee, the lessee shall have a legal right to | ||||||
4 | claim a refund of that amount
from the lessor. If, however, | ||||||
5 | that amount is not refunded to the lessee for
any reason, the | ||||||
6 | lessor is liable to pay that amount to the Department.
| ||||||
7 | (24) Beginning with taxable years ending on or after | ||||||
8 | December
31, 1995
and
ending with taxable years ending on or | ||||||
9 | before December 31, 2004,
personal property that is
donated for | ||||||
10 | disaster relief to be used in a State or federally declared
| ||||||
11 | disaster area in Illinois or bordering Illinois by a | ||||||
12 | manufacturer or retailer
that is registered in this State to a | ||||||
13 | corporation, society, association,
foundation, or institution | ||||||
14 | that has been issued a sales tax exemption
identification | ||||||
15 | number by the Department that assists victims of the disaster
| ||||||
16 | who reside within the declared disaster area.
| ||||||
17 | (25) Beginning with taxable years ending on or after | ||||||
18 | December
31, 1995 and
ending with taxable years ending on or | ||||||
19 | before December 31, 2004, personal
property that is used in the | ||||||
20 | performance of infrastructure repairs in this
State, including | ||||||
21 | but not limited to municipal roads and streets, access roads,
| ||||||
22 | bridges, sidewalks, waste disposal systems, water and sewer | ||||||
23 | line extensions,
water distribution and purification | ||||||
24 | facilities, storm water drainage and
retention facilities, and | ||||||
25 | sewage treatment facilities, resulting from a State
or | ||||||
26 | federally declared disaster in Illinois or bordering Illinois |
| |||||||
| |||||||
1 | when such
repairs are initiated on facilities located in the | ||||||
2 | declared disaster area
within 6 months after the disaster.
| ||||||
3 | (26) Beginning July 1, 1999, game or game birds purchased | ||||||
4 | at a "game
breeding
and hunting preserve area" or an "exotic | ||||||
5 | game hunting area" as those terms are
used in
the Wildlife Code | ||||||
6 | or at a hunting enclosure approved through rules adopted by
the
| ||||||
7 | Department of Natural Resources. This paragraph is exempt from | ||||||
8 | the provisions
of
Section 3-90.
| ||||||
9 | (27) A motor vehicle, as that term is defined in Section | ||||||
10 | 1-146
of the
Illinois
Vehicle Code, that is donated to a | ||||||
11 | corporation, limited liability company,
society, association, | ||||||
12 | foundation, or institution that is determined by the
Department | ||||||
13 | to be organized and operated exclusively for educational | ||||||
14 | purposes.
For purposes of this exemption, "a corporation, | ||||||
15 | limited liability company,
society, association, foundation, | ||||||
16 | or institution organized and operated
exclusively for | ||||||
17 | educational purposes" means all tax-supported public schools,
| ||||||
18 | private schools that offer systematic instruction in useful | ||||||
19 | branches of
learning by methods common to public schools and | ||||||
20 | that compare favorably in
their scope and intensity with the | ||||||
21 | course of study presented in tax-supported
schools, and | ||||||
22 | vocational or technical schools or institutes organized and
| ||||||
23 | operated exclusively to provide a course of study of not less | ||||||
24 | than 6 weeks
duration and designed to prepare individuals to | ||||||
25 | follow a trade or to pursue a
manual, technical, mechanical, | ||||||
26 | industrial, business, or commercial
occupation.
|
| |||||||
| |||||||
1 | (28) Beginning January 1, 2000, personal property, | ||||||
2 | including
food,
purchased through fundraising
events for the | ||||||
3 | benefit of
a public or private elementary or
secondary school, | ||||||
4 | a group of those schools, or one or more school
districts if | ||||||
5 | the events are
sponsored by an entity recognized by the school | ||||||
6 | district that consists
primarily of volunteers and includes
| ||||||
7 | parents and teachers of the school children. This paragraph | ||||||
8 | does not apply
to fundraising
events (i) for the benefit of | ||||||
9 | private home instruction or (ii)
for which the fundraising | ||||||
10 | entity purchases the personal property sold at
the events from | ||||||
11 | another individual or entity that sold the property for the
| ||||||
12 | purpose of resale by the fundraising entity and that
profits | ||||||
13 | from the sale to the
fundraising entity. This paragraph is | ||||||
14 | exempt
from the provisions
of Section 3-90.
| ||||||
15 | (29) Beginning January 1, 2000 and through December 31, | ||||||
16 | 2001, new or
used automatic vending
machines that prepare and | ||||||
17 | serve hot food and beverages, including coffee, soup,
and
other | ||||||
18 | items, and replacement parts for these machines.
Beginning | ||||||
19 | January 1,
2002 and through June 30, 2003, machines and parts | ||||||
20 | for machines used in
commercial, coin-operated amusement and | ||||||
21 | vending business if a use or occupation
tax is paid on the | ||||||
22 | gross receipts derived from the use of the commercial,
| ||||||
23 | coin-operated amusement and vending machines.
This
paragraph
| ||||||
24 | is exempt from the provisions of Section 3-90.
| ||||||
25 | (30) Beginning January 1, 2001 and through June 30, 2011, | ||||||
26 | food for human consumption that is to be consumed off the |
| |||||||
| |||||||
1 | premises
where it is sold (other than alcoholic beverages, soft | ||||||
2 | drinks, and food that
has been prepared for immediate | ||||||
3 | consumption) and prescription and
nonprescription medicines, | ||||||
4 | drugs, medical appliances, and insulin, urine
testing | ||||||
5 | materials, syringes, and needles used by diabetics, for human | ||||||
6 | use, when
purchased for use by a person receiving medical | ||||||
7 | assistance under Article V 5 of
the Illinois Public Aid Code | ||||||
8 | who resides in a licensed long-term care facility,
as defined | ||||||
9 | in the Nursing Home Care Act , or in a licensed facility as | ||||||
10 | defined in the MR/DD Community Care Act .
| ||||||
11 | (31) Beginning on
the effective date of this amendatory Act | ||||||
12 | of the 92nd General Assembly,
computers and communications | ||||||
13 | equipment
utilized for any hospital purpose and equipment used | ||||||
14 | in the diagnosis,
analysis, or treatment of hospital patients | ||||||
15 | purchased by a lessor who leases
the equipment, under a lease | ||||||
16 | of one year or longer executed or in effect at the
time the | ||||||
17 | lessor would otherwise be subject to the tax imposed by this | ||||||
18 | Act, to a
hospital that has been issued an active tax exemption | ||||||
19 | identification number by
the Department under Section 1g of the | ||||||
20 | Retailers' Occupation Tax Act. If the
equipment is leased in a | ||||||
21 | manner that does not qualify for this exemption or is
used in | ||||||
22 | any other nonexempt manner, the lessor shall be liable for the | ||||||
23 | tax
imposed under this Act or the Service Use Tax Act, as the | ||||||
24 | case may be, based on
the fair market value of the property at | ||||||
25 | the time the nonqualifying use
occurs. No lessor shall collect | ||||||
26 | or attempt to collect an amount (however
designated) that |
| |||||||
| |||||||
1 | purports to reimburse that lessor for the tax imposed by this
| ||||||
2 | Act or the Service Use Tax Act, as the case may be, if the tax | ||||||
3 | has not been
paid by the lessor. If a lessor improperly | ||||||
4 | collects any such amount from the
lessee, the lessee shall have | ||||||
5 | a legal right to claim a refund of that amount
from the lessor. | ||||||
6 | If, however, that amount is not refunded to the lessee for
any | ||||||
7 | reason, the lessor is liable to pay that amount to the | ||||||
8 | Department.
This paragraph is exempt from the provisions of | ||||||
9 | Section 3-90.
| ||||||
10 | (32) Beginning on
the effective date of this amendatory Act | ||||||
11 | of the 92nd General Assembly,
personal property purchased by a | ||||||
12 | lessor who leases the property,
under a lease of one year or | ||||||
13 | longer executed or in effect at the time the
lessor would | ||||||
14 | otherwise be subject to the tax imposed by this Act, to a
| ||||||
15 | governmental body that has been issued an active sales tax | ||||||
16 | exemption
identification number by the Department under | ||||||
17 | Section 1g of the Retailers'
Occupation Tax Act. If the | ||||||
18 | property is leased in a manner that does not
qualify for this | ||||||
19 | exemption or used in any other nonexempt manner, the lessor
| ||||||
20 | shall be liable for the tax imposed under this Act or the | ||||||
21 | Service Use Tax Act,
as the case may be, based on the fair | ||||||
22 | market value of the property at the time
the nonqualifying use | ||||||
23 | occurs. No lessor shall collect or attempt to collect
an amount | ||||||
24 | (however designated) that purports to reimburse that lessor for | ||||||
25 | the
tax imposed by this Act or the Service Use Tax Act, as the | ||||||
26 | case may be, if the
tax has not been paid by the lessor. If a |
| |||||||
| |||||||
1 | lessor improperly collects any such
amount from the lessee, the | ||||||
2 | lessee shall have a legal right to claim a refund
of that | ||||||
3 | amount from the lessor. If, however, that amount is not | ||||||
4 | refunded to
the lessee for any reason, the lessor is liable to | ||||||
5 | pay that amount to the
Department. This paragraph is exempt | ||||||
6 | from the provisions of Section 3-90.
| ||||||
7 | (33) On and after July 1, 2003 and through June 30, 2004, | ||||||
8 | the use in this State of motor vehicles of
the second division | ||||||
9 | with a gross vehicle weight in excess of 8,000 pounds and
that | ||||||
10 | are subject to the commercial distribution fee imposed under | ||||||
11 | Section
3-815.1 of the Illinois Vehicle Code. Beginning on July | ||||||
12 | 1, 2004 and through June 30, 2005, the use in this State of | ||||||
13 | motor vehicles of the second division: (i) with a gross vehicle | ||||||
14 | weight rating in excess of 8,000 pounds; (ii) that are subject | ||||||
15 | to the commercial distribution fee imposed under Section | ||||||
16 | 3-815.1 of the Illinois Vehicle Code; and (iii) that are | ||||||
17 | primarily used for commercial purposes. Through June 30, 2005, | ||||||
18 | this exemption applies to repair and
replacement parts added | ||||||
19 | after the initial purchase of such a motor vehicle if
that | ||||||
20 | motor
vehicle is used in a manner that would qualify for the | ||||||
21 | rolling stock exemption
otherwise provided for in this Act. For | ||||||
22 | purposes of this paragraph, the term "used for commercial | ||||||
23 | purposes" means the transportation of persons or property in | ||||||
24 | furtherance of any commercial or industrial enterprise, | ||||||
25 | whether for-hire or not.
| ||||||
26 | (34) Beginning January 1, 2008, tangible personal property |
| |||||||
| |||||||
1 | used in the construction or maintenance of a community water | ||||||
2 | supply, as defined under Section 3.145 of the Environmental | ||||||
3 | Protection Act, that is operated by a not-for-profit | ||||||
4 | corporation that holds a valid water supply permit issued under | ||||||
5 | Title IV of the Environmental Protection Act. This paragraph is | ||||||
6 | exempt from the provisions of Section 3-90. | ||||||
7 | (Source: P.A. 94-1002, eff. 7-3-06; 95-88, eff. 1-1-08; 95-538, | ||||||
8 | eff. 1-1-08; 95-876, eff. 8-21-08.)
| ||||||
9 | Section 90-55. The Service Use Tax Act is amended by | ||||||
10 | changing Sections 3-5 and 3-10 as follows:
| ||||||
11 | (35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5)
| ||||||
12 | Sec. 3-5. Exemptions. Use of the following tangible | ||||||
13 | personal property
is exempt from the tax imposed by this Act:
| ||||||
14 | (1) Personal property purchased from a corporation, | ||||||
15 | society,
association, foundation, institution, or | ||||||
16 | organization, other than a limited
liability company, that is | ||||||
17 | organized and operated as a not-for-profit service
enterprise | ||||||
18 | for the benefit of persons 65 years of age or older if the | ||||||
19 | personal
property was not purchased by the enterprise for the | ||||||
20 | purpose of resale by the
enterprise.
| ||||||
21 | (2) Personal property purchased by a non-profit Illinois | ||||||
22 | county fair
association for use in conducting, operating, or | ||||||
23 | promoting the county fair.
| ||||||
24 | (3) Personal property purchased by a not-for-profit arts
or |
| |||||||
| |||||||
1 | cultural
organization that establishes, by proof required by | ||||||
2 | the Department by rule,
that it has received an exemption under | ||||||
3 | Section 501(c)(3) of the Internal
Revenue Code and that is | ||||||
4 | organized and operated primarily for the
presentation
or | ||||||
5 | support of arts or cultural programming, activities, or | ||||||
6 | services. These
organizations include, but are not limited to, | ||||||
7 | music and dramatic arts
organizations such as symphony | ||||||
8 | orchestras and theatrical groups, arts and
cultural service | ||||||
9 | organizations, local arts councils, visual arts organizations,
| ||||||
10 | and media arts organizations.
On and after the effective date | ||||||
11 | of this amendatory Act of the 92nd General
Assembly, however, | ||||||
12 | an entity otherwise eligible for this exemption shall not
make | ||||||
13 | tax-free purchases unless it has an active identification | ||||||
14 | number issued by
the Department.
| ||||||
15 | (4) Legal tender, currency, medallions, or gold or silver | ||||||
16 | coinage issued
by the State of Illinois, the government of the | ||||||
17 | United States of America,
or the government of any foreign | ||||||
18 | country, and bullion.
| ||||||
19 | (5) Until July 1, 2003 and beginning again on September 1, | ||||||
20 | 2004, graphic arts machinery and equipment, including
repair | ||||||
21 | and
replacement parts, both new and used, and including that | ||||||
22 | manufactured on
special order or purchased for lease, certified | ||||||
23 | by the purchaser to be used
primarily for graphic arts | ||||||
24 | production.
Equipment includes chemicals or
chemicals acting | ||||||
25 | as catalysts but only if
the chemicals or chemicals acting as | ||||||
26 | catalysts effect a direct and immediate
change upon a graphic |
| |||||||
| |||||||
1 | arts product.
| ||||||
2 | (6) Personal property purchased from a teacher-sponsored | ||||||
3 | student
organization affiliated with an elementary or | ||||||
4 | secondary school located
in Illinois.
| ||||||
5 | (7) Farm machinery and equipment, both new and used, | ||||||
6 | including that
manufactured on special order, certified by the | ||||||
7 | purchaser to be used
primarily for production agriculture or | ||||||
8 | State or federal agricultural
programs, including individual | ||||||
9 | replacement parts for the machinery and
equipment, including | ||||||
10 | machinery and equipment purchased for lease,
and including | ||||||
11 | implements of husbandry defined in Section 1-130 of
the | ||||||
12 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
13 | chemical and
fertilizer spreaders, and nurse wagons required to | ||||||
14 | be registered
under Section 3-809 of the Illinois Vehicle Code,
| ||||||
15 | but
excluding other motor vehicles required to be registered | ||||||
16 | under the Illinois
Vehicle Code.
Horticultural polyhouses or | ||||||
17 | hoop houses used for propagating, growing, or
overwintering | ||||||
18 | plants shall be considered farm machinery and equipment under
| ||||||
19 | this item (7).
Agricultural chemical tender tanks and dry boxes | ||||||
20 | shall include units sold
separately from a motor vehicle | ||||||
21 | required to be licensed and units sold mounted
on a motor | ||||||
22 | vehicle required to be licensed if the selling price of the | ||||||
23 | tender
is separately stated.
| ||||||
24 | Farm machinery and equipment shall include precision | ||||||
25 | farming equipment
that is
installed or purchased to be | ||||||
26 | installed on farm machinery and equipment
including, but not |
| |||||||
| |||||||
1 | limited to, tractors, harvesters, sprayers, planters,
seeders, | ||||||
2 | or spreaders.
Precision farming equipment includes, but is not | ||||||
3 | limited to,
soil testing sensors, computers, monitors, | ||||||
4 | software, global positioning
and mapping systems, and other | ||||||
5 | such equipment.
| ||||||
6 | Farm machinery and equipment also includes computers, | ||||||
7 | sensors, software, and
related equipment used primarily in the
| ||||||
8 | computer-assisted operation of production agriculture | ||||||
9 | facilities, equipment,
and activities such as, but
not limited | ||||||
10 | to,
the collection, monitoring, and correlation of
animal and | ||||||
11 | crop data for the purpose of
formulating animal diets and | ||||||
12 | agricultural chemicals. This item (7) is exempt
from the | ||||||
13 | provisions of
Section 3-75.
| ||||||
14 | (8) Fuel and petroleum products sold to or used by an air | ||||||
15 | common
carrier, certified by the carrier to be used for | ||||||
16 | consumption, shipment, or
storage in the conduct of its | ||||||
17 | business as an air common carrier, for a
flight destined for or | ||||||
18 | returning from a location or locations
outside the United | ||||||
19 | States without regard to previous or subsequent domestic
| ||||||
20 | stopovers.
| ||||||
21 | (9) Proceeds of mandatory service charges separately | ||||||
22 | stated on
customers' bills for the purchase and consumption of | ||||||
23 | food and beverages
acquired as an incident to the purchase of a | ||||||
24 | service from a serviceman, to
the extent that the proceeds of | ||||||
25 | the service charge are in fact
turned over as tips or as a | ||||||
26 | substitute for tips to the employees who
participate directly |
| |||||||
| |||||||
1 | in preparing, serving, hosting or cleaning up the
food or | ||||||
2 | beverage function with respect to which the service charge is | ||||||
3 | imposed.
| ||||||
4 | (10) Until July 1, 2003, oil field exploration, drilling, | ||||||
5 | and production
equipment, including
(i) rigs and parts of rigs, | ||||||
6 | rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and | ||||||
7 | tubular goods, including casing and
drill strings, (iii) pumps | ||||||
8 | and pump-jack units, (iv) storage tanks and flow
lines, (v) any | ||||||
9 | individual replacement part for oil field exploration,
| ||||||
10 | drilling, and production equipment, and (vi) machinery and | ||||||
11 | equipment purchased
for lease; but
excluding motor vehicles | ||||||
12 | required to be registered under the Illinois
Vehicle Code.
| ||||||
13 | (11) Proceeds from the sale of photoprocessing machinery | ||||||
14 | and
equipment, including repair and replacement parts, both new | ||||||
15 | and
used, including that manufactured on special order, | ||||||
16 | certified by the
purchaser to be used primarily for | ||||||
17 | photoprocessing, and including
photoprocessing machinery and | ||||||
18 | equipment purchased for lease.
| ||||||
19 | (12) Until July 1, 2003, coal exploration, mining, | ||||||
20 | offhighway hauling,
processing,
maintenance, and reclamation | ||||||
21 | equipment, including
replacement parts and equipment, and | ||||||
22 | including
equipment purchased for lease, but excluding motor | ||||||
23 | vehicles required to be
registered under the Illinois Vehicle | ||||||
24 | Code.
| ||||||
25 | (13) Semen used for artificial insemination of livestock | ||||||
26 | for direct
agricultural production.
|
| |||||||
| |||||||
1 | (14) Horses, or interests in horses, registered with and | ||||||
2 | meeting the
requirements of any of the
Arabian Horse Club | ||||||
3 | Registry of America, Appaloosa Horse Club, American Quarter
| ||||||
4 | Horse Association, United States
Trotting Association, or | ||||||
5 | Jockey Club, as appropriate, used for
purposes of breeding or | ||||||
6 | racing for prizes. This item (14) is exempt from the provisions | ||||||
7 | of Section 3-75, and the exemption provided for under this item | ||||||
8 | (14) applies for all periods beginning May 30, 1995, but no | ||||||
9 | claim for credit or refund is allowed on or after the effective | ||||||
10 | date of this amendatory Act of the 95th General Assembly for | ||||||
11 | such taxes paid during the period beginning May 30, 2000 and | ||||||
12 | ending on the effective date of this amendatory Act of the 95th | ||||||
13 | General Assembly.
| ||||||
14 | (15) Computers and communications equipment utilized for | ||||||
15 | any
hospital
purpose
and equipment used in the diagnosis,
| ||||||
16 | analysis, or treatment of hospital patients purchased by a | ||||||
17 | lessor who leases
the
equipment, under a lease of one year or | ||||||
18 | longer executed or in effect at the
time
the lessor would | ||||||
19 | otherwise be subject to the tax imposed by this Act,
to a
| ||||||
20 | hospital
that has been issued an active tax exemption | ||||||
21 | identification number by the
Department under Section 1g of the | ||||||
22 | Retailers' Occupation Tax Act.
If the
equipment is leased in a | ||||||
23 | manner that does not qualify for
this exemption
or is used in | ||||||
24 | any other non-exempt manner,
the lessor shall be liable for the
| ||||||
25 | tax imposed under this Act or the Use Tax Act, as the case may
| ||||||
26 | be, based on the fair market value of the property at the time |
| |||||||
| |||||||
1 | the
non-qualifying use occurs. No lessor shall collect or | ||||||
2 | attempt to collect an
amount (however
designated) that purports | ||||||
3 | to reimburse that lessor for the tax imposed by this
Act or the | ||||||
4 | Use Tax Act, as the case may be, if the tax has not been
paid by | ||||||
5 | the lessor. If a lessor improperly collects any such amount | ||||||
6 | from the
lessee, the lessee shall have a legal right to claim a | ||||||
7 | refund of that amount
from the lessor. If, however, that amount | ||||||
8 | is not refunded to the lessee for
any reason, the lessor is | ||||||
9 | liable to pay that amount to the Department.
| ||||||
10 | (16) Personal property purchased by a lessor who leases the
| ||||||
11 | property, under
a
lease of one year or longer executed or in | ||||||
12 | effect at the time
the lessor would otherwise be subject to the | ||||||
13 | tax imposed by this Act,
to a governmental body
that has been | ||||||
14 | issued an active tax exemption identification number by the
| ||||||
15 | Department under Section 1g of the Retailers' Occupation Tax | ||||||
16 | Act.
If the
property is leased in a manner that does not | ||||||
17 | qualify for
this exemption
or is used in any other non-exempt | ||||||
18 | manner,
the lessor shall be liable for the
tax imposed under | ||||||
19 | this Act or the Use Tax Act, as the case may
be, based on the | ||||||
20 | fair market value of the property at the time the
| ||||||
21 | non-qualifying use occurs. No lessor shall collect or attempt | ||||||
22 | to collect an
amount (however
designated) that purports to | ||||||
23 | reimburse that lessor for the tax imposed by this
Act or the | ||||||
24 | Use Tax Act, as the case may be, if the tax has not been
paid by | ||||||
25 | the lessor. If a lessor improperly collects any such amount | ||||||
26 | from the
lessee, the lessee shall have a legal right to claim a |
| |||||||
| |||||||
1 | refund of that amount
from the lessor. If, however, that amount | ||||||
2 | is not refunded to the lessee for
any reason, the lessor is | ||||||
3 | liable to pay that amount to the Department.
| ||||||
4 | (17) Beginning with taxable years ending on or after | ||||||
5 | December
31,
1995
and
ending with taxable years ending on or | ||||||
6 | before December 31, 2004,
personal property that is
donated for | ||||||
7 | disaster relief to be used in a State or federally declared
| ||||||
8 | disaster area in Illinois or bordering Illinois by a | ||||||
9 | manufacturer or retailer
that is registered in this State to a | ||||||
10 | corporation, society, association,
foundation, or institution | ||||||
11 | that has been issued a sales tax exemption
identification | ||||||
12 | number by the Department that assists victims of the disaster
| ||||||
13 | who reside within the declared disaster area.
| ||||||
14 | (18) Beginning with taxable years ending on or after | ||||||
15 | December
31, 1995 and
ending with taxable years ending on or | ||||||
16 | before December 31, 2004, personal
property that is used in the | ||||||
17 | performance of infrastructure repairs in this
State, including | ||||||
18 | but not limited to municipal roads and streets, access roads,
| ||||||
19 | bridges, sidewalks, waste disposal systems, water and sewer | ||||||
20 | line extensions,
water distribution and purification | ||||||
21 | facilities, storm water drainage and
retention facilities, and | ||||||
22 | sewage treatment facilities, resulting from a State
or | ||||||
23 | federally declared disaster in Illinois or bordering Illinois | ||||||
24 | when such
repairs are initiated on facilities located in the | ||||||
25 | declared disaster area
within 6 months after the disaster.
| ||||||
26 | (19) Beginning July 1, 1999, game or game birds purchased |
| |||||||
| |||||||
1 | at a "game
breeding
and hunting preserve area" or an "exotic | ||||||
2 | game hunting area" as those terms are
used in
the Wildlife Code | ||||||
3 | or at a hunting enclosure approved through rules adopted by
the
| ||||||
4 | Department of Natural Resources. This paragraph is exempt from | ||||||
5 | the provisions
of
Section 3-75.
| ||||||
6 | (20) A motor vehicle, as that term is defined in Section | ||||||
7 | 1-146
of the
Illinois Vehicle Code, that is donated to a | ||||||
8 | corporation, limited liability
company, society, association, | ||||||
9 | foundation, or institution that is determined by
the Department | ||||||
10 | to be organized and operated exclusively for educational
| ||||||
11 | purposes. For purposes of this exemption, "a corporation, | ||||||
12 | limited liability
company, society, association, foundation, | ||||||
13 | or institution organized and
operated
exclusively for | ||||||
14 | educational purposes" means all tax-supported public schools,
| ||||||
15 | private schools that offer systematic instruction in useful | ||||||
16 | branches of
learning by methods common to public schools and | ||||||
17 | that compare favorably in
their scope and intensity with the | ||||||
18 | course of study presented in tax-supported
schools, and | ||||||
19 | vocational or technical schools or institutes organized and
| ||||||
20 | operated exclusively to provide a course of study of not less | ||||||
21 | than 6 weeks
duration and designed to prepare individuals to | ||||||
22 | follow a trade or to pursue a
manual, technical, mechanical, | ||||||
23 | industrial, business, or commercial
occupation.
| ||||||
24 | (21) Beginning January 1, 2000, personal property, | ||||||
25 | including
food,
purchased through fundraising
events for the | ||||||
26 | benefit of
a public or private elementary or
secondary school, |
| |||||||
| |||||||
1 | a group of those schools, or one or more school
districts if | ||||||
2 | the events are
sponsored by an entity recognized by the school | ||||||
3 | district that consists
primarily of volunteers and includes
| ||||||
4 | parents and teachers of the school children. This paragraph | ||||||
5 | does not apply
to fundraising
events (i) for the benefit of | ||||||
6 | private home instruction or (ii)
for which the fundraising | ||||||
7 | entity purchases the personal property sold at
the events from | ||||||
8 | another individual or entity that sold the property for the
| ||||||
9 | purpose of resale by the fundraising entity and that
profits | ||||||
10 | from the sale to the
fundraising entity. This paragraph is | ||||||
11 | exempt
from the provisions
of Section 3-75.
| ||||||
12 | (22) Beginning January 1, 2000
and through December 31, | ||||||
13 | 2001, new or used automatic vending
machines that prepare and | ||||||
14 | serve hot food and beverages, including coffee, soup,
and
other | ||||||
15 | items, and replacement parts for these machines.
Beginning | ||||||
16 | January 1,
2002 and through June 30, 2003, machines and parts | ||||||
17 | for machines used in
commercial, coin-operated
amusement
and | ||||||
18 | vending business if a use or occupation tax is paid on the | ||||||
19 | gross receipts
derived from
the use of the commercial, | ||||||
20 | coin-operated amusement and vending machines.
This
paragraph
| ||||||
21 | is exempt from the provisions of Section 3-75.
| ||||||
22 | (23) Beginning August 23, 2001 and through June 30, 2011, | ||||||
23 | food for human consumption that is to be consumed off the
| ||||||
24 | premises
where it is sold (other than alcoholic beverages, soft | ||||||
25 | drinks, and food that
has been prepared for immediate | ||||||
26 | consumption) and prescription and
nonprescription medicines, |
| |||||||
| |||||||
1 | drugs, medical appliances, and insulin, urine
testing | ||||||
2 | materials, syringes, and needles used by diabetics, for human | ||||||
3 | use, when
purchased for use by a person receiving medical | ||||||
4 | assistance under Article V 5 of
the Illinois Public Aid Code | ||||||
5 | who resides in a licensed long-term care facility,
as defined | ||||||
6 | in the Nursing Home Care Act , or in a licensed facility as | ||||||
7 | defined in the MR/DD Community Care Act .
| ||||||
8 | (24) Beginning on the effective date of this amendatory Act | ||||||
9 | of the 92nd
General Assembly, computers and communications | ||||||
10 | equipment
utilized for any hospital purpose and equipment used | ||||||
11 | in the diagnosis,
analysis, or treatment of hospital patients | ||||||
12 | purchased by a lessor who leases
the equipment, under a lease | ||||||
13 | of one year or longer executed or in effect at the
time the | ||||||
14 | lessor would otherwise be subject to the tax imposed by this | ||||||
15 | Act, to a
hospital that has been issued an active tax exemption | ||||||
16 | identification number by
the Department under Section 1g of the | ||||||
17 | Retailers' Occupation Tax Act. If the
equipment is leased in a | ||||||
18 | manner that does not qualify for this exemption or is
used in | ||||||
19 | any other nonexempt manner, the lessor shall be liable for the
| ||||||
20 | tax imposed under this Act or the Use Tax Act, as the case may | ||||||
21 | be, based on the
fair market value of the property at the time | ||||||
22 | the nonqualifying use occurs.
No lessor shall collect or | ||||||
23 | attempt to collect an amount (however
designated) that purports | ||||||
24 | to reimburse that lessor for the tax imposed by this
Act or the | ||||||
25 | Use Tax Act, as the case may be, if the tax has not been
paid by | ||||||
26 | the lessor. If a lessor improperly collects any such amount |
| |||||||
| |||||||
1 | from the
lessee, the lessee shall have a legal right to claim a | ||||||
2 | refund of that amount
from the lessor. If, however, that amount | ||||||
3 | is not refunded to the lessee for
any reason, the lessor is | ||||||
4 | liable to pay that amount to the Department.
This paragraph is | ||||||
5 | exempt from the provisions of Section 3-75.
| ||||||
6 | (25) Beginning
on the effective date of this amendatory Act | ||||||
7 | of the 92nd General Assembly,
personal property purchased by a | ||||||
8 | lessor
who leases the property, under a lease of one year or | ||||||
9 | longer executed or in
effect at the time the lessor would | ||||||
10 | otherwise be subject to the tax imposed by
this Act, to a | ||||||
11 | governmental body that has been issued an active tax exemption
| ||||||
12 | identification number by the Department under Section 1g of the | ||||||
13 | Retailers'
Occupation Tax Act. If the property is leased in a | ||||||
14 | manner that does not
qualify for this exemption or is used in | ||||||
15 | any other nonexempt manner, the
lessor shall be liable for the | ||||||
16 | tax imposed under this Act or the Use Tax Act,
as the case may | ||||||
17 | be, based on the fair market value of the property at the time
| ||||||
18 | the nonqualifying use occurs. No lessor shall collect or | ||||||
19 | attempt to collect
an amount (however designated) that purports | ||||||
20 | to reimburse that lessor for the
tax imposed by this Act or the | ||||||
21 | Use Tax Act, as the case may be, if the tax has
not been paid by | ||||||
22 | the lessor. If a lessor improperly collects any such amount
| ||||||
23 | from the lessee, the lessee shall have a legal right to claim a | ||||||
24 | refund of that
amount from the lessor. If, however, that amount | ||||||
25 | is not refunded to the lessee
for any reason, the lessor is | ||||||
26 | liable to pay that amount to the Department.
This paragraph is |
| |||||||
| |||||||
1 | exempt from the provisions of Section 3-75.
| ||||||
2 | (26) Beginning January 1, 2008, tangible personal property | ||||||
3 | used in the construction or maintenance of a community water | ||||||
4 | supply, as defined under Section 3.145 of the Environmental | ||||||
5 | Protection Act, that is operated by a not-for-profit | ||||||
6 | corporation that holds a valid water supply permit issued under | ||||||
7 | Title IV of the Environmental Protection Act. This paragraph is | ||||||
8 | exempt from the provisions of Section 3-75.
| ||||||
9 | (Source: P.A. 94-1002, eff. 7-3-06; 95-88, eff. 1-1-08; 95-538, | ||||||
10 | eff. 1-1-08; 95-876, eff. 8-21-08.)
| ||||||
11 | (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
| ||||||
12 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
13 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
14 | the selling
price of tangible personal property transferred as | ||||||
15 | an incident to the sale
of service, but, for the purpose of | ||||||
16 | computing this tax, in no event shall
the selling price be less | ||||||
17 | than the cost price of the property to the
serviceman.
| ||||||
18 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
19 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
20 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
21 | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| ||||||
22 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
23 | tax imposed
by this Act applies to (i) 70% of the selling price | ||||||
24 | of property transferred
as an incident to the sale of service | ||||||
25 | on or after January 1, 1990,
and before July 1, 2003, (ii) 80% |
| |||||||
| |||||||
1 | of the selling price of
property transferred as an incident to | ||||||
2 | the sale of service on or after July
1, 2003 and on or before | ||||||
3 | December 31, 2013, and (iii)
100% of the selling price | ||||||
4 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
5 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
6 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
7 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
8 | With respect to majority blended ethanol fuel, as defined | ||||||
9 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
10 | to the selling price of property transferred
as an incident to | ||||||
11 | the sale of service on or after July 1, 2003 and on or before
| ||||||
12 | December 31, 2013 but applies to 100% of the selling price | ||||||
13 | thereafter.
| ||||||
14 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
15 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
16 | tax imposed by this Act
applies to (i) 80% of the selling price | ||||||
17 | of property transferred as an incident
to the sale of service | ||||||
18 | on or after July 1, 2003 and on or before December 31,
2013 and | ||||||
19 | (ii) 100% of the proceeds of the selling price
thereafter.
If, | ||||||
20 | at any time, however, the tax under this Act on sales of | ||||||
21 | biodiesel blends,
as
defined in the Use Tax Act, with no less | ||||||
22 | than 1% and no more than 10% biodiesel
is imposed at the rate | ||||||
23 | of 1.25%, then the
tax imposed by this Act applies to 100% of | ||||||
24 | the proceeds of sales of biodiesel
blends with no less than 1% | ||||||
25 | and no more than 10% biodiesel
made
during that time.
| ||||||
26 | With respect to 100% biodiesel, as defined in the Use Tax |
| |||||||
| |||||||
1 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
2 | more than 10% but no more than 99% biodiesel, the tax imposed | ||||||
3 | by this Act
does not apply to the proceeds of the selling price | ||||||
4 | of property transferred
as an incident to the sale of service | ||||||
5 | on or after July 1, 2003 and on or before
December 31, 2013 but | ||||||
6 | applies to 100% of the selling price thereafter.
| ||||||
7 | At the election of any registered serviceman made for each | ||||||
8 | fiscal year,
sales of service in which the aggregate annual | ||||||
9 | cost price of tangible
personal property transferred as an | ||||||
10 | incident to the sales of service is
less than 35%, or 75% in | ||||||
11 | the case of servicemen transferring prescription
drugs or | ||||||
12 | servicemen engaged in graphic arts production, of the aggregate
| ||||||
13 | annual total gross receipts from all sales of service, the tax | ||||||
14 | imposed by
this Act shall be based on the serviceman's cost | ||||||
15 | price of the tangible
personal property transferred as an | ||||||
16 | incident to the sale of those services.
| ||||||
17 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
18 | for
immediate consumption and transferred incident to a sale of | ||||||
19 | service subject
to this Act or the Service Occupation Tax Act | ||||||
20 | by an entity licensed under
the Hospital Licensing Act, the | ||||||
21 | Nursing Home Care Act, the MR/DD Community Care Act, or the
| ||||||
22 | Child Care
Act of 1969. The tax shall
also be imposed at the | ||||||
23 | rate of 1% on food for human consumption that is to be
consumed | ||||||
24 | off the premises where it is sold (other than alcoholic | ||||||
25 | beverages,
soft drinks, and food that has been prepared for | ||||||
26 | immediate consumption and is
not otherwise included in this |
| |||||||
| |||||||
1 | paragraph) and prescription and nonprescription
medicines, | ||||||
2 | drugs, medical appliances, modifications to a motor vehicle for | ||||||
3 | the
purpose of rendering it usable by a disabled person, and | ||||||
4 | insulin, urine testing
materials,
syringes, and needles used by | ||||||
5 | diabetics, for
human use. For the purposes of this Section, the | ||||||
6 | term "soft drinks" means any
complete, finished, ready-to-use, | ||||||
7 | non-alcoholic drink, whether carbonated or
not, including but | ||||||
8 | not limited to soda water, cola, fruit juice, vegetable
juice, | ||||||
9 | carbonated water, and all other preparations commonly known as | ||||||
10 | soft
drinks of whatever kind or description that are contained | ||||||
11 | in any closed or
sealed bottle, can, carton, or container, | ||||||
12 | regardless of size. "Soft drinks"
does not include coffee, tea, | ||||||
13 | non-carbonated water, infant formula, milk or
milk products as | ||||||
14 | defined in the Grade A Pasteurized Milk and Milk Products Act,
| ||||||
15 | or drinks containing 50% or more natural fruit or vegetable | ||||||
16 | juice.
| ||||||
17 | Notwithstanding any other provisions of this Act, "food for | ||||||
18 | human
consumption that is to be consumed off the premises where | ||||||
19 | it is sold" includes
all food sold through a vending machine, | ||||||
20 | except soft drinks and food products
that are dispensed hot | ||||||
21 | from a vending machine, regardless of the location of
the | ||||||
22 | vending machine.
| ||||||
23 | If the property that is acquired from a serviceman is | ||||||
24 | acquired outside
Illinois and used outside Illinois before | ||||||
25 | being brought to Illinois for use
here and is taxable under | ||||||
26 | this Act, the "selling price" on which the tax
is computed |
| |||||||
| |||||||
1 | shall be reduced by an amount that represents a reasonable
| ||||||
2 | allowance for depreciation for the period of prior out-of-state | ||||||
3 | use.
| ||||||
4 | (Source: P.A. 93-17, eff. 6-11-03.)
| ||||||
5 | Section 90-60. The Service Occupation Tax Act is amended by | ||||||
6 | changing Sections 3-5 and 3-10 as follows:
| ||||||
7 | (35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
| ||||||
8 | Sec. 3-5. Exemptions. The following tangible personal | ||||||
9 | property is
exempt from the tax imposed by this Act:
| ||||||
10 | (1) Personal property sold by a corporation, society, | ||||||
11 | association,
foundation, institution, or organization, other | ||||||
12 | than a limited liability
company, that is organized and | ||||||
13 | operated as a not-for-profit service enterprise
for the benefit | ||||||
14 | of persons 65 years of age or older if the personal property
| ||||||
15 | was not purchased by the enterprise for the purpose of resale | ||||||
16 | by the
enterprise.
| ||||||
17 | (2) Personal property purchased by a not-for-profit | ||||||
18 | Illinois county fair
association for use in conducting, | ||||||
19 | operating, or promoting the county fair.
| ||||||
20 | (3) Personal property purchased by any not-for-profit
arts | ||||||
21 | or cultural organization that establishes, by proof required by | ||||||
22 | the
Department by
rule, that it has received an exemption under | ||||||
23 | Section 501(c)(3) of the
Internal Revenue Code and that is | ||||||
24 | organized and operated primarily for the
presentation
or |
| |||||||
| |||||||
1 | support of arts or cultural programming, activities, or | ||||||
2 | services. These
organizations include, but are not limited to, | ||||||
3 | music and dramatic arts
organizations such as symphony | ||||||
4 | orchestras and theatrical groups, arts and
cultural service | ||||||
5 | organizations, local arts councils, visual arts organizations,
| ||||||
6 | and media arts organizations.
On and after the effective date | ||||||
7 | of this amendatory Act of the 92nd General
Assembly, however, | ||||||
8 | an entity otherwise eligible for this exemption shall not
make | ||||||
9 | tax-free purchases unless it has an active identification | ||||||
10 | number issued by
the Department.
| ||||||
11 | (4) Legal tender, currency, medallions, or gold or silver | ||||||
12 | coinage
issued by the State of Illinois, the government of the | ||||||
13 | United States of
America, or the government of any foreign | ||||||
14 | country, and bullion.
| ||||||
15 | (5) Until July 1, 2003 and beginning again on September 1, | ||||||
16 | 2004, graphic arts machinery and equipment, including
repair | ||||||
17 | and
replacement parts, both new and used, and including that | ||||||
18 | manufactured on
special order or purchased for lease, certified | ||||||
19 | by the purchaser to be used
primarily for graphic arts | ||||||
20 | production.
Equipment includes chemicals or chemicals acting | ||||||
21 | as catalysts but only if
the
chemicals or chemicals acting as | ||||||
22 | catalysts effect a direct and immediate change
upon a graphic | ||||||
23 | arts product.
| ||||||
24 | (6) Personal property sold by a teacher-sponsored student | ||||||
25 | organization
affiliated with an elementary or secondary school | ||||||
26 | located in Illinois.
|
| |||||||
| |||||||
1 | (7) Farm machinery and equipment, both new and used, | ||||||
2 | including that
manufactured on special order, certified by the | ||||||
3 | purchaser to be used
primarily for production agriculture or | ||||||
4 | State or federal agricultural
programs, including individual | ||||||
5 | replacement parts for the machinery and
equipment, including | ||||||
6 | machinery and equipment purchased for lease,
and including | ||||||
7 | implements of husbandry defined in Section 1-130 of
the | ||||||
8 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
9 | chemical and
fertilizer spreaders, and nurse wagons required to | ||||||
10 | be registered
under Section 3-809 of the Illinois Vehicle Code,
| ||||||
11 | but
excluding other motor vehicles required to be registered | ||||||
12 | under the Illinois
Vehicle
Code.
Horticultural polyhouses or | ||||||
13 | hoop houses used for propagating, growing, or
overwintering | ||||||
14 | plants shall be considered farm machinery and equipment under
| ||||||
15 | this item (7).
Agricultural chemical tender tanks and dry boxes | ||||||
16 | shall include units sold
separately from a motor vehicle | ||||||
17 | required to be licensed and units sold mounted
on a motor | ||||||
18 | vehicle required to be licensed if the selling price of the | ||||||
19 | tender
is separately stated.
| ||||||
20 | Farm machinery and equipment shall include precision | ||||||
21 | farming equipment
that is
installed or purchased to be | ||||||
22 | installed on farm machinery and equipment
including, but not | ||||||
23 | limited to, tractors, harvesters, sprayers, planters,
seeders, | ||||||
24 | or spreaders.
Precision farming equipment includes, but is not | ||||||
25 | limited to,
soil testing sensors, computers, monitors, | ||||||
26 | software, global positioning
and mapping systems, and other |
| |||||||
| |||||||
1 | such equipment.
| ||||||
2 | Farm machinery and equipment also includes computers, | ||||||
3 | sensors, software, and
related equipment used primarily in the
| ||||||
4 | computer-assisted operation of production agriculture | ||||||
5 | facilities, equipment,
and activities such as, but
not limited | ||||||
6 | to,
the collection, monitoring, and correlation of
animal and | ||||||
7 | crop data for the purpose of
formulating animal diets and | ||||||
8 | agricultural chemicals. This item (7) is exempt
from the | ||||||
9 | provisions of
Section 3-55.
| ||||||
10 | (8) Fuel and petroleum products sold to or used by an air | ||||||
11 | common
carrier, certified by the carrier to be used for | ||||||
12 | consumption, shipment,
or storage in the conduct of its | ||||||
13 | business as an air common carrier, for
a flight destined for or | ||||||
14 | returning from a location or locations
outside the United | ||||||
15 | States without regard to previous or subsequent domestic
| ||||||
16 | stopovers.
| ||||||
17 | (9) Proceeds of mandatory service charges separately
| ||||||
18 | stated on customers' bills for the purchase and consumption of | ||||||
19 | food and
beverages, to the extent that the proceeds of the | ||||||
20 | service charge are in fact
turned over as tips or as a | ||||||
21 | substitute for tips to the employees who
participate directly | ||||||
22 | in preparing, serving, hosting or cleaning up the
food or | ||||||
23 | beverage function with respect to which the service charge is | ||||||
24 | imposed.
| ||||||
25 | (10) Until July 1, 2003, oil field exploration, drilling, | ||||||
26 | and production
equipment,
including (i) rigs and parts of rigs, |
| |||||||
| |||||||
1 | rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and | ||||||
2 | tubular goods, including casing and
drill strings, (iii) pumps | ||||||
3 | and pump-jack units, (iv) storage tanks and flow
lines, (v) any | ||||||
4 | individual replacement part for oil field exploration,
| ||||||
5 | drilling, and production equipment, and (vi) machinery and | ||||||
6 | equipment purchased
for lease; but
excluding motor vehicles | ||||||
7 | required to be registered under the Illinois
Vehicle Code.
| ||||||
8 | (11) Photoprocessing machinery and equipment, including | ||||||
9 | repair and
replacement parts, both new and used, including that | ||||||
10 | manufactured on
special order, certified by the purchaser to be | ||||||
11 | used primarily for
photoprocessing, and including | ||||||
12 | photoprocessing machinery and equipment
purchased for lease.
| ||||||
13 | (12) Until July 1, 2003, coal exploration, mining, | ||||||
14 | offhighway hauling,
processing,
maintenance, and reclamation | ||||||
15 | equipment, including
replacement parts and equipment, and | ||||||
16 | including
equipment
purchased for lease, but excluding motor | ||||||
17 | vehicles required to be registered
under the Illinois Vehicle | ||||||
18 | Code.
| ||||||
19 | (13) Beginning January 1, 1992 and through June 30, 2011, | ||||||
20 | food for human consumption that is to be consumed off the | ||||||
21 | premises
where it is sold (other than alcoholic beverages, soft | ||||||
22 | drinks and food that
has been prepared for immediate | ||||||
23 | consumption) and prescription and
non-prescription medicines, | ||||||
24 | drugs, medical appliances, and insulin, urine
testing | ||||||
25 | materials, syringes, and needles used by diabetics, for human | ||||||
26 | use,
when purchased for use by a person receiving medical |
| |||||||
| |||||||
1 | assistance under
Article V 5 of the Illinois Public Aid Code | ||||||
2 | who resides in a licensed
long-term care facility, as defined | ||||||
3 | in the Nursing Home Care Act , or in a licensed facility as | ||||||
4 | defined in the MR/DD Community Care Act .
| ||||||
5 | (14) Semen used for artificial insemination of livestock | ||||||
6 | for direct
agricultural production.
| ||||||
7 | (15) Horses, or interests in horses, registered with and | ||||||
8 | meeting the
requirements of any of the
Arabian Horse Club | ||||||
9 | Registry of America, Appaloosa Horse Club, American Quarter
| ||||||
10 | Horse Association, United States
Trotting Association, or | ||||||
11 | Jockey Club, as appropriate, used for
purposes of breeding or | ||||||
12 | racing for prizes. This item (15) is exempt from the provisions | ||||||
13 | of Section 3-55, and the exemption provided for under this item | ||||||
14 | (15) applies for all periods beginning May 30, 1995, but no | ||||||
15 | claim for credit or refund is allowed on or after January 1, | ||||||
16 | 2008 (the effective date of Public Act 95-88)
for such taxes | ||||||
17 | paid during the period beginning May 30, 2000 and ending on | ||||||
18 | January 1, 2008 (the effective date of Public Act 95-88).
| ||||||
19 | (16) Computers and communications equipment utilized for | ||||||
20 | any
hospital
purpose
and equipment used in the diagnosis,
| ||||||
21 | analysis, or treatment of hospital patients sold to a lessor | ||||||
22 | who leases the
equipment, under a lease of one year or longer | ||||||
23 | executed or in effect at the
time of the purchase, to a
| ||||||
24 | hospital
that has been issued an active tax exemption | ||||||
25 | identification number by the
Department under Section 1g of the | ||||||
26 | Retailers' Occupation Tax Act.
|
| |||||||
| |||||||
1 | (17) Personal property sold to a lessor who leases the
| ||||||
2 | property, under a
lease of one year or longer executed or in | ||||||
3 | effect at the time of the purchase,
to a governmental body
that | ||||||
4 | has been issued an active tax exemption identification number | ||||||
5 | by the
Department under Section 1g of the Retailers' Occupation | ||||||
6 | Tax Act.
| ||||||
7 | (18) Beginning with taxable years ending on or after | ||||||
8 | December
31, 1995
and
ending with taxable years ending on or | ||||||
9 | before December 31, 2004,
personal property that is
donated for | ||||||
10 | disaster relief to be used in a State or federally declared
| ||||||
11 | disaster area in Illinois or bordering Illinois by a | ||||||
12 | manufacturer or retailer
that is registered in this State to a | ||||||
13 | corporation, society, association,
foundation, or institution | ||||||
14 | that has been issued a sales tax exemption
identification | ||||||
15 | number by the Department that assists victims of the disaster
| ||||||
16 | who reside within the declared disaster area.
| ||||||
17 | (19) Beginning with taxable years ending on or after | ||||||
18 | December
31, 1995 and
ending with taxable years ending on or | ||||||
19 | before December 31, 2004, personal
property that is used in the | ||||||
20 | performance of infrastructure repairs in this
State, including | ||||||
21 | but not limited to municipal roads and streets, access roads,
| ||||||
22 | bridges, sidewalks, waste disposal systems, water and sewer | ||||||
23 | line extensions,
water distribution and purification | ||||||
24 | facilities, storm water drainage and
retention facilities, and | ||||||
25 | sewage treatment facilities, resulting from a State
or | ||||||
26 | federally declared disaster in Illinois or bordering Illinois |
| |||||||
| |||||||
1 | when such
repairs are initiated on facilities located in the | ||||||
2 | declared disaster area
within 6 months after the disaster.
| ||||||
3 | (20) Beginning July 1, 1999, game or game birds sold at a | ||||||
4 | "game breeding
and
hunting preserve area" or an "exotic game | ||||||
5 | hunting area" as those terms are used
in the
Wildlife Code or | ||||||
6 | at a hunting enclosure approved through rules adopted by the
| ||||||
7 | Department of Natural Resources. This paragraph is exempt from | ||||||
8 | the provisions
of
Section 3-55.
| ||||||
9 | (21) A motor vehicle, as that term is defined in Section | ||||||
10 | 1-146
of the
Illinois Vehicle Code, that is donated to a | ||||||
11 | corporation, limited liability
company, society, association, | ||||||
12 | foundation, or institution that is determined by
the Department | ||||||
13 | to be organized and operated exclusively for educational
| ||||||
14 | purposes. For purposes of this exemption, "a corporation, | ||||||
15 | limited liability
company, society, association, foundation, | ||||||
16 | or institution organized and
operated
exclusively for | ||||||
17 | educational purposes" means all tax-supported public schools,
| ||||||
18 | private schools that offer systematic instruction in useful | ||||||
19 | branches of
learning by methods common to public schools and | ||||||
20 | that compare favorably in
their scope and intensity with the | ||||||
21 | course of study presented in tax-supported
schools, and | ||||||
22 | vocational or technical schools or institutes organized and
| ||||||
23 | operated exclusively to provide a course of study of not less | ||||||
24 | than 6 weeks
duration and designed to prepare individuals to | ||||||
25 | follow a trade or to pursue a
manual, technical, mechanical, | ||||||
26 | industrial, business, or commercial
occupation.
|
| |||||||
| |||||||
1 | (22) Beginning January 1, 2000, personal property, | ||||||
2 | including
food,
purchased through fundraising
events for the | ||||||
3 | benefit of
a public or private elementary or
secondary school, | ||||||
4 | a group of those schools, or one or more school
districts if | ||||||
5 | the events are
sponsored by an entity recognized by the school | ||||||
6 | district that consists
primarily of volunteers and includes
| ||||||
7 | parents and teachers of the school children. This paragraph | ||||||
8 | does not apply
to fundraising
events (i) for the benefit of | ||||||
9 | private home instruction or (ii)
for which the fundraising | ||||||
10 | entity purchases the personal property sold at
the events from | ||||||
11 | another individual or entity that sold the property for the
| ||||||
12 | purpose of resale by the fundraising entity and that
profits | ||||||
13 | from the sale to the
fundraising entity. This paragraph is | ||||||
14 | exempt
from the provisions
of Section 3-55.
| ||||||
15 | (23) Beginning January 1, 2000
and through December 31, | ||||||
16 | 2001, new or used automatic vending
machines that prepare and | ||||||
17 | serve hot food and beverages, including coffee, soup,
and
other | ||||||
18 | items, and replacement parts for these machines.
Beginning | ||||||
19 | January 1,
2002 and through June 30, 2003, machines and parts | ||||||
20 | for
machines used in commercial, coin-operated amusement
and | ||||||
21 | vending business if a use or occupation tax is paid on the | ||||||
22 | gross receipts
derived from
the use of the commercial, | ||||||
23 | coin-operated amusement and vending machines.
This paragraph | ||||||
24 | is exempt from the provisions of Section 3-55.
| ||||||
25 | (24) Beginning
on the effective date of this amendatory Act | ||||||
26 | of the 92nd General Assembly,
computers and communications |
| |||||||
| |||||||
1 | equipment
utilized for any hospital purpose and equipment used | ||||||
2 | in the diagnosis,
analysis, or treatment of hospital patients | ||||||
3 | sold to a lessor who leases the
equipment, under a lease of one | ||||||
4 | year or longer executed or in effect at the
time of the | ||||||
5 | purchase, to a hospital that has been issued an active tax
| ||||||
6 | exemption identification number by the Department under | ||||||
7 | Section 1g of the
Retailers' Occupation Tax Act. This paragraph | ||||||
8 | is exempt from the provisions of
Section 3-55.
| ||||||
9 | (25) Beginning
on the effective date of this amendatory Act | ||||||
10 | of the 92nd General Assembly,
personal property sold to a | ||||||
11 | lessor who
leases the property, under a lease of one year or | ||||||
12 | longer executed or in effect
at the time of the purchase, to a | ||||||
13 | governmental body that has been issued an
active tax exemption | ||||||
14 | identification number by the Department under Section 1g
of the | ||||||
15 | Retailers' Occupation Tax Act. This paragraph is exempt from | ||||||
16 | the
provisions of Section 3-55.
| ||||||
17 | (26) Beginning on January 1, 2002 and through June 30, | ||||||
18 | 2011, tangible personal property
purchased
from an Illinois | ||||||
19 | retailer by a taxpayer engaged in centralized purchasing
| ||||||
20 | activities in Illinois who will, upon receipt of the property | ||||||
21 | in Illinois,
temporarily store the property in Illinois (i) for | ||||||
22 | the purpose of subsequently
transporting it outside this State | ||||||
23 | for use or consumption thereafter solely
outside this State or | ||||||
24 | (ii) for the purpose of being processed, fabricated, or
| ||||||
25 | manufactured into, attached to, or incorporated into other | ||||||
26 | tangible personal
property to be transported outside this State |
| |||||||
| |||||||
1 | and thereafter used or consumed
solely outside this State. The | ||||||
2 | Director of Revenue shall, pursuant to rules
adopted in | ||||||
3 | accordance with the Illinois Administrative Procedure Act, | ||||||
4 | issue a
permit to any taxpayer in good standing with the | ||||||
5 | Department who is eligible for
the exemption under this | ||||||
6 | paragraph (26). The permit issued under
this paragraph (26) | ||||||
7 | shall authorize the holder, to the extent and
in the manner | ||||||
8 | specified in the rules adopted under this Act, to purchase
| ||||||
9 | tangible personal property from a retailer exempt from the | ||||||
10 | taxes imposed by
this Act. Taxpayers shall maintain all | ||||||
11 | necessary books and records to
substantiate the use and | ||||||
12 | consumption of all such tangible personal property
outside of | ||||||
13 | the State of Illinois.
| ||||||
14 | (27) Beginning January 1, 2008, tangible personal property | ||||||
15 | used in the construction or maintenance of a community water | ||||||
16 | supply, as defined under Section 3.145 of the Environmental | ||||||
17 | Protection Act, that is operated by a not-for-profit | ||||||
18 | corporation that holds a valid water supply permit issued under | ||||||
19 | Title IV of the Environmental Protection Act. This paragraph is | ||||||
20 | exempt from the provisions of Section 3-55.
| ||||||
21 | (Source: P.A. 94-1002, eff. 7-3-06; 95-88, eff. 1-1-08; 95-538, | ||||||
22 | eff. 1-1-08; 95-876, eff. 8-21-08.)
| ||||||
23 | (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
| ||||||
24 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
25 | Section,
the tax imposed by this Act is at the rate of 6.25% of |
| |||||||
| |||||||
1 | the "selling price",
as defined in Section 2 of the Service Use | ||||||
2 | Tax Act, of the tangible
personal property. For the purpose of | ||||||
3 | computing this tax, in no event
shall the "selling price" be | ||||||
4 | less than the cost price to the serviceman of
the tangible | ||||||
5 | personal property transferred. The selling price of each item
| ||||||
6 | of tangible personal property transferred as an incident of a | ||||||
7 | sale of
service may be shown as a distinct and separate item on | ||||||
8 | the serviceman's
billing to the service customer. If the | ||||||
9 | selling price is not so shown, the
selling price of the | ||||||
10 | tangible personal property is deemed to be 50% of the
| ||||||
11 | serviceman's entire billing to the service customer. When, | ||||||
12 | however, a
serviceman contracts to design, develop, and produce | ||||||
13 | special order machinery or
equipment, the tax imposed by this | ||||||
14 | Act shall be based on the serviceman's
cost price of the | ||||||
15 | tangible personal property transferred incident to the
| ||||||
16 | completion of the contract.
| ||||||
17 | Beginning on July 1, 2000 and through December 31, 2000, | ||||||
18 | with respect to
motor fuel, as defined in Section 1.1 of the | ||||||
19 | Motor Fuel Tax
Law, and gasohol, as defined in Section 3-40 of | ||||||
20 | the Use Tax Act, the tax is
imposed at
the rate of 1.25%.
| ||||||
21 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
22 | tax imposed
by this Act shall apply to (i) 70% of the cost | ||||||
23 | price of property
transferred as
an incident to the sale of | ||||||
24 | service on or after January 1, 1990, and before
July 1, 2003, | ||||||
25 | (ii) 80% of the selling price of property transferred as an
| ||||||
26 | incident to the sale of service on or after July
1, 2003 and on |
| |||||||
| |||||||
1 | or before December 31, 2013, and (iii) 100%
of
the cost price
| ||||||
2 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
3 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
4 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
5 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
6 | With respect to majority blended ethanol fuel, as defined | ||||||
7 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
8 | to the selling price of property transferred
as an incident to | ||||||
9 | the sale of service on or after July 1, 2003 and on or before
| ||||||
10 | December 31, 2013 but applies to 100% of the selling price | ||||||
11 | thereafter.
| ||||||
12 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
13 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
14 | tax imposed by this Act
applies to (i) 80% of the selling price | ||||||
15 | of property transferred as an incident
to the sale of service | ||||||
16 | on or after July 1, 2003 and on or before December 31,
2013 and | ||||||
17 | (ii) 100% of the proceeds of the selling price
thereafter.
If, | ||||||
18 | at any time, however, the tax under this Act on sales of | ||||||
19 | biodiesel blends,
as
defined in the Use Tax Act, with no less | ||||||
20 | than 1% and no more than 10% biodiesel
is imposed at the rate | ||||||
21 | of 1.25%, then the
tax imposed by this Act applies to 100% of | ||||||
22 | the proceeds of sales of biodiesel
blends with no less than 1% | ||||||
23 | and no more than 10% biodiesel
made
during that time.
| ||||||
24 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
25 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
26 | more than 10% but no more than 99% biodiesel material, the tax |
| |||||||
| |||||||
1 | imposed by this
Act
does not apply to the proceeds of the | ||||||
2 | selling price of property transferred
as an incident to the | ||||||
3 | sale of service on or after July 1, 2003 and on or before
| ||||||
4 | December 31, 2013 but applies to 100% of the selling price | ||||||
5 | thereafter.
| ||||||
6 | At the election of any registered serviceman made for each | ||||||
7 | fiscal year,
sales of service in which the aggregate annual | ||||||
8 | cost price of tangible
personal property transferred as an | ||||||
9 | incident to the sales of service is
less than 35%, or 75% in | ||||||
10 | the case of servicemen transferring prescription
drugs or | ||||||
11 | servicemen engaged in graphic arts production, of the aggregate
| ||||||
12 | annual total gross receipts from all sales of service, the tax | ||||||
13 | imposed by
this Act shall be based on the serviceman's cost | ||||||
14 | price of the tangible
personal property transferred incident to | ||||||
15 | the sale of those services.
| ||||||
16 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
17 | for
immediate consumption and transferred incident to a sale of | ||||||
18 | service subject
to this Act or the Service Occupation Tax Act | ||||||
19 | by an entity licensed under
the Hospital Licensing Act, the | ||||||
20 | Nursing Home Care Act, the MR/DD Community Care Act, or the
| ||||||
21 | Child Care Act of 1969. The tax shall
also be imposed at the | ||||||
22 | rate of 1% on food for human consumption that is
to be consumed | ||||||
23 | off the
premises where it is sold (other than alcoholic | ||||||
24 | beverages, soft drinks, and
food that has been prepared for | ||||||
25 | immediate consumption and is not
otherwise included in this | ||||||
26 | paragraph) and prescription and
nonprescription medicines, |
| |||||||
| |||||||
1 | drugs, medical appliances, modifications to a motor
vehicle for | ||||||
2 | the purpose of rendering it usable by a disabled person, and
| ||||||
3 | insulin, urine testing materials, syringes, and needles used by | ||||||
4 | diabetics, for
human use. For the purposes of this Section, the | ||||||
5 | term "soft drinks" means any
complete, finished, ready-to-use, | ||||||
6 | non-alcoholic drink, whether carbonated or
not, including but | ||||||
7 | not limited to soda water, cola, fruit juice, vegetable
juice, | ||||||
8 | carbonated water, and all other preparations commonly known as | ||||||
9 | soft
drinks of whatever kind or description that are contained | ||||||
10 | in any closed or
sealed can, carton, or container, regardless | ||||||
11 | of size. "Soft drinks" does not
include coffee, tea, | ||||||
12 | non-carbonated water, infant formula, milk or milk
products as | ||||||
13 | defined in the Grade A Pasteurized Milk and Milk Products Act, | ||||||
14 | or
drinks containing 50% or more natural fruit or vegetable | ||||||
15 | juice.
| ||||||
16 | Notwithstanding any other provisions of this Act, "food for | ||||||
17 | human consumption
that is to be consumed off the premises where | ||||||
18 | it is sold" includes all food
sold through a vending machine, | ||||||
19 | except soft drinks and food products that are
dispensed hot | ||||||
20 | from a vending machine, regardless of the location of the | ||||||
21 | vending
machine.
| ||||||
22 | (Source: P.A. 93-17, eff. 6-11-03.)
| ||||||
23 | Section 90-65. The Retailers' Occupation Tax Act is amended | ||||||
24 | by changing Section 2-5 as follows:
|
| |||||||
| |||||||
1 | (35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
| ||||||
2 | Sec. 2-5. Exemptions. Gross receipts from proceeds from the | ||||||
3 | sale of
the following tangible personal property are exempt | ||||||
4 | from the tax imposed
by this Act:
| ||||||
5 | (1) Farm chemicals.
| ||||||
6 | (2) Farm machinery and equipment, both new and used, | ||||||
7 | including that
manufactured on special order, certified by the | ||||||
8 | purchaser to be used
primarily for production agriculture or | ||||||
9 | State or federal agricultural
programs, including individual | ||||||
10 | replacement parts for the machinery and
equipment, including | ||||||
11 | machinery and equipment purchased for lease,
and including | ||||||
12 | implements of husbandry defined in Section 1-130 of
the | ||||||
13 | Illinois Vehicle Code, farm machinery and agricultural | ||||||
14 | chemical and
fertilizer spreaders, and nurse wagons required to | ||||||
15 | be registered
under Section 3-809 of the Illinois Vehicle Code,
| ||||||
16 | but
excluding other motor vehicles required to be registered | ||||||
17 | under the Illinois
Vehicle Code.
Horticultural polyhouses or | ||||||
18 | hoop houses used for propagating, growing, or
overwintering | ||||||
19 | plants shall be considered farm machinery and equipment under
| ||||||
20 | this item (2).
Agricultural chemical tender tanks and dry boxes | ||||||
21 | shall include units sold
separately from a motor vehicle | ||||||
22 | required to be licensed and units sold mounted
on a motor | ||||||
23 | vehicle required to be licensed, if the selling price of the | ||||||
24 | tender
is separately stated.
| ||||||
25 | Farm machinery and equipment shall include precision | ||||||
26 | farming equipment
that is
installed or purchased to be |
| |||||||
| |||||||
1 | installed on farm machinery and equipment
including, but not | ||||||
2 | limited to, tractors, harvesters, sprayers, planters,
seeders, | ||||||
3 | or spreaders.
Precision farming equipment includes, but is not | ||||||
4 | limited to,
soil testing sensors, computers, monitors, | ||||||
5 | software, global positioning
and mapping systems, and other | ||||||
6 | such equipment.
| ||||||
7 | Farm machinery and equipment also includes computers, | ||||||
8 | sensors, software, and
related equipment used primarily in the
| ||||||
9 | computer-assisted operation of production agriculture | ||||||
10 | facilities, equipment,
and activities such as, but
not limited | ||||||
11 | to,
the collection, monitoring, and correlation of
animal and | ||||||
12 | crop data for the purpose of
formulating animal diets and | ||||||
13 | agricultural chemicals. This item (7) is exempt
from the | ||||||
14 | provisions of
Section 2-70.
| ||||||
15 | (3) Until July 1, 2003, distillation machinery and | ||||||
16 | equipment, sold as a
unit or kit,
assembled or installed by the | ||||||
17 | retailer, certified by the user to be used
only for the | ||||||
18 | production of ethyl alcohol that will be used for consumption
| ||||||
19 | as motor fuel or as a component of motor fuel for the personal | ||||||
20 | use of the
user, and not subject to sale or resale.
| ||||||
21 | (4) Until July 1, 2003 and beginning again September 1, | ||||||
22 | 2004, graphic arts machinery and equipment, including
repair | ||||||
23 | and
replacement parts, both new and used, and including that | ||||||
24 | manufactured on
special order or purchased for lease, certified | ||||||
25 | by the purchaser to be used
primarily for graphic arts | ||||||
26 | production.
Equipment includes chemicals or
chemicals acting |
| |||||||
| |||||||
1 | as catalysts but only if
the chemicals or chemicals acting as | ||||||
2 | catalysts effect a direct and immediate
change upon a
graphic | ||||||
3 | arts product.
| ||||||
4 | (5) A motor vehicle of the first division, a motor vehicle | ||||||
5 | of the second division that is a self contained motor vehicle | ||||||
6 | designed or permanently converted to provide living quarters | ||||||
7 | for recreational, camping, or travel use, with direct walk | ||||||
8 | through access to the living quarters from the driver's seat, | ||||||
9 | or a motor vehicle of the second division that is of the van | ||||||
10 | configuration designed for the transportation of not less than | ||||||
11 | 7 nor more than 16 passengers, as defined in Section 1-146 of | ||||||
12 | the Illinois Vehicle Code, that is used for automobile renting, | ||||||
13 | as defined in the Automobile Renting Occupation and Use Tax | ||||||
14 | Act. This paragraph is exempt from
the provisions of Section | ||||||
15 | 2-70.
| ||||||
16 | (6) Personal property sold by a teacher-sponsored student | ||||||
17 | organization
affiliated with an elementary or secondary school | ||||||
18 | located in Illinois.
| ||||||
19 | (7) Until July 1, 2003, proceeds of that portion of the | ||||||
20 | selling price of
a passenger car the
sale of which is subject | ||||||
21 | to the Replacement Vehicle Tax.
| ||||||
22 | (8) Personal property sold to an Illinois county fair | ||||||
23 | association for
use in conducting, operating, or promoting the | ||||||
24 | county fair.
| ||||||
25 | (9) Personal property sold to a not-for-profit arts
or | ||||||
26 | cultural organization that establishes, by proof required by |
| |||||||
| |||||||
1 | the Department
by
rule, that it has received an exemption under | ||||||
2 | Section 501(c)(3) of the
Internal Revenue Code and that is | ||||||
3 | organized and operated primarily for the
presentation
or | ||||||
4 | support of arts or cultural programming, activities, or | ||||||
5 | services. These
organizations include, but are not limited to, | ||||||
6 | music and dramatic arts
organizations such as symphony | ||||||
7 | orchestras and theatrical groups, arts and
cultural service | ||||||
8 | organizations, local arts councils, visual arts organizations,
| ||||||
9 | and media arts organizations.
On and after the effective date | ||||||
10 | of this amendatory Act of the 92nd General
Assembly, however, | ||||||
11 | an entity otherwise eligible for this exemption shall not
make | ||||||
12 | tax-free purchases unless it has an active identification | ||||||
13 | number issued by
the Department.
| ||||||
14 | (10) Personal property sold by a corporation, society, | ||||||
15 | association,
foundation, institution, or organization, other | ||||||
16 | than a limited liability
company, that is organized and | ||||||
17 | operated as a not-for-profit service enterprise
for the benefit | ||||||
18 | of persons 65 years of age or older if the personal property
| ||||||
19 | was not purchased by the enterprise for the purpose of resale | ||||||
20 | by the
enterprise.
| ||||||
21 | (11) Personal property sold to a governmental body, to a | ||||||
22 | corporation,
society, association, foundation, or institution | ||||||
23 | organized and operated
exclusively for charitable, religious, | ||||||
24 | or educational purposes, or to a
not-for-profit corporation, | ||||||
25 | society, association, foundation, institution,
or organization | ||||||
26 | that has no compensated officers or employees and that is
|
| |||||||
| |||||||
1 | organized and operated primarily for the recreation of persons | ||||||
2 | 55 years of
age or older. A limited liability company may | ||||||
3 | qualify for the exemption under
this paragraph only if the | ||||||
4 | limited liability company is organized and operated
| ||||||
5 | exclusively for educational purposes. On and after July 1, | ||||||
6 | 1987, however, no
entity otherwise eligible for this exemption | ||||||
7 | shall make tax-free purchases
unless it has an active | ||||||
8 | identification number issued by the Department.
| ||||||
9 | (12) Tangible personal property sold to
interstate | ||||||
10 | carriers
for hire for use as
rolling stock moving in interstate | ||||||
11 | commerce or to lessors under leases of
one year or longer | ||||||
12 | executed or in effect at the time of purchase by
interstate | ||||||
13 | carriers for hire for use as rolling stock moving in interstate
| ||||||
14 | commerce and equipment operated by a telecommunications | ||||||
15 | provider, licensed as a
common carrier by the Federal | ||||||
16 | Communications Commission, which is permanently
installed in | ||||||
17 | or affixed to aircraft moving in interstate commerce.
| ||||||
18 | (12-5) On and after July 1, 2003 and through June 30, 2004, | ||||||
19 | motor vehicles of the second division
with a gross vehicle | ||||||
20 | weight in excess of 8,000 pounds
that
are
subject to the | ||||||
21 | commercial distribution fee imposed under Section 3-815.1 of
| ||||||
22 | the Illinois
Vehicle Code. Beginning on July 1, 2004 and | ||||||
23 | through June 30, 2005, the use in this State of motor vehicles | ||||||
24 | of the second division: (i) with a gross vehicle weight rating | ||||||
25 | in excess of 8,000 pounds; (ii) that are subject to the | ||||||
26 | commercial distribution fee imposed under Section 3-815.1 of |
| |||||||
| |||||||
1 | the Illinois Vehicle Code; and (iii) that are primarily used | ||||||
2 | for commercial purposes. Through June 30, 2005, this
exemption | ||||||
3 | applies to repair and replacement parts added
after the
initial | ||||||
4 | purchase of such a motor vehicle if that motor vehicle is used | ||||||
5 | in a
manner that
would qualify for the rolling stock exemption | ||||||
6 | otherwise provided for in this
Act. For purposes of this | ||||||
7 | paragraph, "used for commercial purposes" means the | ||||||
8 | transportation of persons or property in furtherance of any | ||||||
9 | commercial or industrial enterprise whether for-hire or not.
| ||||||
10 | (13) Proceeds from sales to owners, lessors, or
shippers of
| ||||||
11 | tangible personal property that is utilized by interstate | ||||||
12 | carriers for
hire for use as rolling stock moving in interstate | ||||||
13 | commerce
and equipment operated by a telecommunications | ||||||
14 | provider, licensed as a
common carrier by the Federal | ||||||
15 | Communications Commission, which is
permanently installed in | ||||||
16 | or affixed to aircraft moving in interstate commerce.
| ||||||
17 | (14) Machinery and equipment that will be used by the | ||||||
18 | purchaser, or a
lessee of the purchaser, primarily in the | ||||||
19 | process of manufacturing or
assembling tangible personal | ||||||
20 | property for wholesale or retail sale or
lease, whether the | ||||||
21 | sale or lease is made directly by the manufacturer or by
some | ||||||
22 | other person, whether the materials used in the process are | ||||||
23 | owned by
the manufacturer or some other person, or whether the | ||||||
24 | sale or lease is made
apart from or as an incident to the | ||||||
25 | seller's engaging in the service
occupation of producing | ||||||
26 | machines, tools, dies, jigs, patterns, gauges, or
other similar |
| |||||||
| |||||||
1 | items of no commercial value on special order for a particular
| ||||||
2 | purchaser.
| ||||||
3 | (15) Proceeds of mandatory service charges separately | ||||||
4 | stated on
customers' bills for purchase and consumption of food | ||||||
5 | and beverages, to the
extent that the proceeds of the service | ||||||
6 | charge are in fact turned over as
tips or as a substitute for | ||||||
7 | tips to the employees who participate directly
in preparing, | ||||||
8 | serving, hosting or cleaning up the food or beverage function
| ||||||
9 | with respect to which the service charge is imposed.
| ||||||
10 | (16) Petroleum products sold to a purchaser if the seller
| ||||||
11 | is prohibited by federal law from charging tax to the | ||||||
12 | purchaser.
| ||||||
13 | (17) Tangible personal property sold to a common carrier by | ||||||
14 | rail or
motor that
receives the physical possession of the | ||||||
15 | property in Illinois and that
transports the property, or | ||||||
16 | shares with another common carrier in the
transportation of the | ||||||
17 | property, out of Illinois on a standard uniform bill
of lading | ||||||
18 | showing the seller of the property as the shipper or consignor | ||||||
19 | of
the property to a destination outside Illinois, for use | ||||||
20 | outside Illinois.
| ||||||
21 | (18) Legal tender, currency, medallions, or gold or silver | ||||||
22 | coinage
issued by the State of Illinois, the government of the | ||||||
23 | United States of
America, or the government of any foreign | ||||||
24 | country, and bullion.
| ||||||
25 | (19) Until July 1 2003, oil field exploration, drilling, | ||||||
26 | and production
equipment, including
(i) rigs and parts of rigs, |
| |||||||
| |||||||
1 | rotary rigs, cable tool
rigs, and workover rigs, (ii) pipe and | ||||||
2 | tubular goods, including casing and
drill strings, (iii) pumps | ||||||
3 | and pump-jack units, (iv) storage tanks and flow
lines, (v) any | ||||||
4 | individual replacement part for oil field exploration,
| ||||||
5 | drilling, and production equipment, and (vi) machinery and | ||||||
6 | equipment purchased
for lease; but
excluding motor vehicles | ||||||
7 | required to be registered under the Illinois
Vehicle Code.
| ||||||
8 | (20) Photoprocessing machinery and equipment, including | ||||||
9 | repair and
replacement parts, both new and used, including that | ||||||
10 | manufactured on
special order, certified by the purchaser to be | ||||||
11 | used primarily for
photoprocessing, and including | ||||||
12 | photoprocessing machinery and equipment
purchased for lease.
| ||||||
13 | (21) Until July 1, 2003, coal exploration, mining, | ||||||
14 | offhighway hauling,
processing,
maintenance, and reclamation | ||||||
15 | equipment, including
replacement parts and equipment, and | ||||||
16 | including
equipment purchased for lease, but excluding motor | ||||||
17 | vehicles required to be
registered under the Illinois Vehicle | ||||||
18 | Code.
| ||||||
19 | (22) Fuel and petroleum products sold to or used by an air | ||||||
20 | carrier,
certified by the carrier to be used for consumption, | ||||||
21 | shipment, or storage
in the conduct of its business as an air | ||||||
22 | common carrier, for a flight
destined for or returning from a | ||||||
23 | location or locations
outside the United States without regard | ||||||
24 | to previous or subsequent domestic
stopovers.
| ||||||
25 | (23) A transaction in which the purchase order is received | ||||||
26 | by a florist
who is located outside Illinois, but who has a |
| |||||||
| |||||||
1 | florist located in Illinois
deliver the property to the | ||||||
2 | purchaser or the purchaser's donee in Illinois.
| ||||||
3 | (24) Fuel consumed or used in the operation of ships, | ||||||
4 | barges, or vessels
that are used primarily in or for the | ||||||
5 | transportation of property or the
conveyance of persons for | ||||||
6 | hire on rivers bordering on this State if the
fuel is delivered | ||||||
7 | by the seller to the purchaser's barge, ship, or vessel
while | ||||||
8 | it is afloat upon that bordering river.
| ||||||
9 | (25) Except as provided in item (25-5) of this Section, a
| ||||||
10 | motor vehicle sold in this State to a nonresident even though | ||||||
11 | the
motor vehicle is delivered to the nonresident in this | ||||||
12 | State, if the motor
vehicle is not to be titled in this State, | ||||||
13 | and if a drive-away permit
is issued to the motor vehicle as | ||||||
14 | provided in Section 3-603 of the Illinois
Vehicle Code or if | ||||||
15 | the nonresident purchaser has vehicle registration
plates to | ||||||
16 | transfer to the motor vehicle upon returning to his or her home
| ||||||
17 | state. The issuance of the drive-away permit or having
the
| ||||||
18 | out-of-state registration plates to be transferred is prima | ||||||
19 | facie evidence
that the motor vehicle will not be titled in | ||||||
20 | this State.
| ||||||
21 | (25-5) The exemption under item (25) does not apply if the | ||||||
22 | state in which the motor vehicle will be titled does not allow | ||||||
23 | a reciprocal exemption for a motor vehicle sold and delivered | ||||||
24 | in that state to an Illinois resident but titled in Illinois. | ||||||
25 | The tax collected under this Act on the sale of a motor vehicle | ||||||
26 | in this State to a resident of another state that does not |
| |||||||
| |||||||
1 | allow a reciprocal exemption shall be imposed at a rate equal | ||||||
2 | to the state's rate of tax on taxable property in the state in | ||||||
3 | which the purchaser is a resident, except that the tax shall | ||||||
4 | not exceed the tax that would otherwise be imposed under this | ||||||
5 | Act. At the time of the sale, the purchaser shall execute a | ||||||
6 | statement, signed under penalty of perjury, of his or her | ||||||
7 | intent to title the vehicle in the state in which the purchaser | ||||||
8 | is a resident within 30 days after the sale and of the fact of | ||||||
9 | the payment to the State of Illinois of tax in an amount | ||||||
10 | equivalent to the state's rate of tax on taxable property in | ||||||
11 | his or her state of residence and shall submit the statement to | ||||||
12 | the appropriate tax collection agency in his or her state of | ||||||
13 | residence. In addition, the retailer must retain a signed copy | ||||||
14 | of the statement in his or her records. Nothing in this item | ||||||
15 | shall be construed to require the removal of the vehicle from | ||||||
16 | this state following the filing of an intent to title the | ||||||
17 | vehicle in the purchaser's state of residence if the purchaser | ||||||
18 | titles the vehicle in his or her state of residence within 30 | ||||||
19 | days after the date of sale. The tax collected under this Act | ||||||
20 | in accordance with this item (25-5) shall be proportionately | ||||||
21 | distributed as if the tax were collected at the 6.25% general | ||||||
22 | rate imposed under this Act.
| ||||||
23 | (25-7) Beginning on July 1, 2007, no tax is imposed under | ||||||
24 | this Act on the sale of an aircraft, as defined in Section 3 of | ||||||
25 | the Illinois Aeronautics Act, if all of the following | ||||||
26 | conditions are met: |
| |||||||
| |||||||
1 | (1) the aircraft leaves this State within 15 days after | ||||||
2 | the later of either the issuance of the final billing for | ||||||
3 | the sale of the aircraft, or the authorized approval for | ||||||
4 | return to service, completion of the maintenance record | ||||||
5 | entry, and completion of the test flight and ground test | ||||||
6 | for inspection, as required by 14 C.F.R. 91.407; | ||||||
7 | (2) the aircraft is not based or registered in this | ||||||
8 | State after the sale of the aircraft; and | ||||||
9 | (3) the seller retains in his or her books and records | ||||||
10 | and provides to the Department a signed and dated | ||||||
11 | certification from the purchaser, on a form prescribed by | ||||||
12 | the Department, certifying that the requirements of this | ||||||
13 | item (25-7) are met. The certificate must also include the | ||||||
14 | name and address of the purchaser, the address of the | ||||||
15 | location where the aircraft is to be titled or registered, | ||||||
16 | the address of the primary physical location of the | ||||||
17 | aircraft, and other information that the Department may | ||||||
18 | reasonably require. | ||||||
19 | For purposes of this item (25-7): | ||||||
20 | "Based in this State" means hangared, stored, or otherwise | ||||||
21 | used, excluding post-sale customizations as defined in this | ||||||
22 | Section, for 10 or more days in each 12-month period | ||||||
23 | immediately following the date of the sale of the aircraft. | ||||||
24 | "Registered in this State" means an aircraft registered | ||||||
25 | with the Department of Transportation, Aeronautics Division, | ||||||
26 | or titled or registered with the Federal Aviation |
| |||||||
| |||||||
1 | Administration to an address located in this State. | ||||||
2 | This paragraph (25-7) is exempt from the provisions
of
| ||||||
3 | Section 2-70.
| ||||||
4 | (26) Semen used for artificial insemination of livestock | ||||||
5 | for direct
agricultural production.
| ||||||
6 | (27) Horses, or interests in horses, registered with and | ||||||
7 | meeting the
requirements of any of the
Arabian Horse Club | ||||||
8 | Registry of America, Appaloosa Horse Club, American Quarter
| ||||||
9 | Horse Association, United States
Trotting Association, or | ||||||
10 | Jockey Club, as appropriate, used for
purposes of breeding or | ||||||
11 | racing for prizes. This item (27) is exempt from the provisions | ||||||
12 | of Section 2-70, and the exemption provided for under this item | ||||||
13 | (27) applies for all periods beginning May 30, 1995, but no | ||||||
14 | claim for credit or refund is allowed on or after January 1, | ||||||
15 | 2008 (the effective date of Public Act 95-88)
for such taxes | ||||||
16 | paid during the period beginning May 30, 2000 and ending on | ||||||
17 | January 1, 2008 (the effective date of Public Act 95-88)
.
| ||||||
18 | (28) Computers and communications equipment utilized for | ||||||
19 | any
hospital
purpose
and equipment used in the diagnosis,
| ||||||
20 | analysis, or treatment of hospital patients sold to a lessor | ||||||
21 | who leases the
equipment, under a lease of one year or longer | ||||||
22 | executed or in effect at the
time of the purchase, to a
| ||||||
23 | hospital
that has been issued an active tax exemption | ||||||
24 | identification number by the
Department under Section 1g of | ||||||
25 | this Act.
| ||||||
26 | (29) Personal property sold to a lessor who leases the
|
| |||||||
| |||||||
1 | property, under a
lease of one year or longer executed or in | ||||||
2 | effect at the time of the purchase,
to a governmental body
that | ||||||
3 | has been issued an active tax exemption identification number | ||||||
4 | by the
Department under Section 1g of this Act.
| ||||||
5 | (30) Beginning with taxable years ending on or after | ||||||
6 | December
31, 1995
and
ending with taxable years ending on or | ||||||
7 | before December 31, 2004,
personal property that is
donated for | ||||||
8 | disaster relief to be used in a State or federally declared
| ||||||
9 | disaster area in Illinois or bordering Illinois by a | ||||||
10 | manufacturer or retailer
that is registered in this State to a | ||||||
11 | corporation, society, association,
foundation, or institution | ||||||
12 | that has been issued a sales tax exemption
identification | ||||||
13 | number by the Department that assists victims of the disaster
| ||||||
14 | who reside within the declared disaster area.
| ||||||
15 | (31) Beginning with taxable years ending on or after | ||||||
16 | December
31, 1995 and
ending with taxable years ending on or | ||||||
17 | before December 31, 2004, personal
property that is used in the | ||||||
18 | performance of infrastructure repairs in this
State, including | ||||||
19 | but not limited to municipal roads and streets, access roads,
| ||||||
20 | bridges, sidewalks, waste disposal systems, water and sewer | ||||||
21 | line extensions,
water distribution and purification | ||||||
22 | facilities, storm water drainage and
retention facilities, and | ||||||
23 | sewage treatment facilities, resulting from a State
or | ||||||
24 | federally declared disaster in Illinois or bordering Illinois | ||||||
25 | when such
repairs are initiated on facilities located in the | ||||||
26 | declared disaster area
within 6 months after the disaster.
|
| |||||||
| |||||||
1 | (32) Beginning July 1, 1999, game or game birds sold at a | ||||||
2 | "game breeding
and
hunting preserve area" or an "exotic game | ||||||
3 | hunting area" as those terms are used
in the
Wildlife Code or | ||||||
4 | at a hunting enclosure approved through rules adopted by the
| ||||||
5 | Department of Natural Resources. This paragraph is exempt from | ||||||
6 | the provisions
of
Section 2-70.
| ||||||
7 | (33) A motor vehicle, as that term is defined in Section | ||||||
8 | 1-146
of the
Illinois Vehicle Code, that is donated to a | ||||||
9 | corporation, limited liability
company, society, association, | ||||||
10 | foundation, or institution that is determined by
the Department | ||||||
11 | to be organized and operated exclusively for educational
| ||||||
12 | purposes. For purposes of this exemption, "a corporation, | ||||||
13 | limited liability
company, society, association, foundation, | ||||||
14 | or institution organized and
operated
exclusively for | ||||||
15 | educational purposes" means all tax-supported public schools,
| ||||||
16 | private schools that offer systematic instruction in useful | ||||||
17 | branches of
learning by methods common to public schools and | ||||||
18 | that compare favorably in
their scope and intensity with the | ||||||
19 | course of study presented in tax-supported
schools, and | ||||||
20 | vocational or technical schools or institutes organized and
| ||||||
21 | operated exclusively to provide a course of study of not less | ||||||
22 | than 6 weeks
duration and designed to prepare individuals to | ||||||
23 | follow a trade or to pursue a
manual, technical, mechanical, | ||||||
24 | industrial, business, or commercial
occupation.
| ||||||
25 | (34) Beginning January 1, 2000, personal property, | ||||||
26 | including food, purchased
through fundraising events for the |
| |||||||
| |||||||
1 | benefit of a public or private elementary or
secondary school, | ||||||
2 | a group of those schools, or one or more school districts if
| ||||||
3 | the events are sponsored by an entity recognized by the school | ||||||
4 | district that
consists primarily of volunteers and includes | ||||||
5 | parents and teachers of the
school children. This paragraph | ||||||
6 | does not apply to fundraising events (i) for
the benefit of | ||||||
7 | private home instruction or (ii) for which the fundraising
| ||||||
8 | entity purchases the personal property sold at the events from | ||||||
9 | another
individual or entity that sold the property for the | ||||||
10 | purpose of resale by the
fundraising entity and that profits | ||||||
11 | from the sale to the fundraising entity.
This paragraph is | ||||||
12 | exempt from the provisions of Section 2-70.
| ||||||
13 | (35) Beginning January 1, 2000 and through December 31, | ||||||
14 | 2001, new or used
automatic vending machines that prepare and | ||||||
15 | serve hot food and beverages,
including coffee, soup, and other | ||||||
16 | items, and replacement parts for these
machines. Beginning | ||||||
17 | January 1, 2002 and through June 30, 2003, machines
and parts | ||||||
18 | for machines used in
commercial, coin-operated amusement and | ||||||
19 | vending business if a use or occupation
tax is paid on the | ||||||
20 | gross receipts derived from the use of the commercial,
| ||||||
21 | coin-operated amusement and vending machines. This paragraph | ||||||
22 | is exempt from
the provisions of Section 2-70.
| ||||||
23 | (35-5) Beginning August 23, 2001 and through June 30, 2011, | ||||||
24 | food for human consumption that is to be consumed off
the | ||||||
25 | premises where it is sold (other than alcoholic beverages, soft | ||||||
26 | drinks,
and food that has been prepared for immediate |
| |||||||
| |||||||
1 | consumption) and prescription
and nonprescription medicines, | ||||||
2 | drugs, medical appliances, and insulin, urine
testing | ||||||
3 | materials, syringes, and needles used by diabetics, for human | ||||||
4 | use, when
purchased for use by a person receiving medical | ||||||
5 | assistance under Article V 5 of
the Illinois Public Aid Code | ||||||
6 | who resides in a licensed long-term care facility,
as defined | ||||||
7 | in the Nursing Home Care Act , or a licensed facility as defined | ||||||
8 | in the MR/DD Community Care Act .
| ||||||
9 | (36) Beginning August 2, 2001, computers and | ||||||
10 | communications equipment
utilized for any hospital purpose and | ||||||
11 | equipment used in the diagnosis,
analysis, or treatment of | ||||||
12 | hospital patients sold to a lessor who leases the
equipment, | ||||||
13 | under a lease of one year or longer executed or in effect at | ||||||
14 | the
time of the purchase, to a hospital that has been issued an | ||||||
15 | active tax
exemption identification number by the Department | ||||||
16 | under Section 1g of this Act.
This paragraph is exempt from the | ||||||
17 | provisions of Section 2-70.
| ||||||
18 | (37) Beginning August 2, 2001, personal property sold to a | ||||||
19 | lessor who
leases the property, under a lease of one year or | ||||||
20 | longer executed or in effect
at the time of the purchase, to a | ||||||
21 | governmental body that has been issued an
active tax exemption | ||||||
22 | identification number by the Department under Section 1g
of | ||||||
23 | this Act. This paragraph is exempt from the provisions of | ||||||
24 | Section 2-70.
| ||||||
25 | (38) Beginning on January 1, 2002 and through June 30, | ||||||
26 | 2011, tangible personal property purchased
from an Illinois |
| |||||||
| |||||||
1 | retailer by a taxpayer engaged in centralized purchasing
| ||||||
2 | activities in Illinois who will, upon receipt of the property | ||||||
3 | in Illinois,
temporarily store the property in Illinois (i) for | ||||||
4 | the purpose of subsequently
transporting it outside this State | ||||||
5 | for use or consumption thereafter solely
outside this State or | ||||||
6 | (ii) for the purpose of being processed, fabricated, or
| ||||||
7 | manufactured into, attached to, or incorporated into other | ||||||
8 | tangible personal
property to be transported outside this State | ||||||
9 | and thereafter used or consumed
solely outside this State. The | ||||||
10 | Director of Revenue shall, pursuant to rules
adopted in | ||||||
11 | accordance with the Illinois Administrative Procedure Act, | ||||||
12 | issue a
permit to any taxpayer in good standing with the | ||||||
13 | Department who is eligible for
the exemption under this | ||||||
14 | paragraph (38). The permit issued under
this paragraph (38) | ||||||
15 | shall authorize the holder, to the extent and
in the manner | ||||||
16 | specified in the rules adopted under this Act, to purchase
| ||||||
17 | tangible personal property from a retailer exempt from the | ||||||
18 | taxes imposed by
this Act. Taxpayers shall maintain all | ||||||
19 | necessary books and records to
substantiate the use and | ||||||
20 | consumption of all such tangible personal property
outside of | ||||||
21 | the State of Illinois.
| ||||||
22 | (39) Beginning January 1, 2008, tangible personal property | ||||||
23 | used in the construction or maintenance of a community water | ||||||
24 | supply, as defined under Section 3.145 of the Environmental | ||||||
25 | Protection Act, that is operated by a not-for-profit | ||||||
26 | corporation that holds a valid water supply permit issued under |
| |||||||
| |||||||
1 | Title IV of the Environmental Protection Act. This paragraph is | ||||||
2 | exempt from the provisions of Section 2-70.
| ||||||
3 | (Source: P.A. 94-1002, eff. 7-3-06; 95-88, eff. 1-1-08; 95-233, | ||||||
4 | eff. 8-16-07; 95-304, eff. 8-20-07; 95-538, eff. 1-1-08; | ||||||
5 | 95-707, eff. 1-11-08; 95-876, eff. 8-21-08.)
| ||||||
6 | Section 90-70. The Regional Transportation Authority Act | ||||||
7 | is amended by changing Section 4.03 as follows:
| ||||||
8 | (70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
| ||||||
9 | Sec. 4.03. Taxes.
| ||||||
10 | (a) In order to carry out any of the powers or
purposes of | ||||||
11 | the Authority, the Board may by ordinance adopted with the
| ||||||
12 | concurrence of 12
of the then Directors, impose throughout the
| ||||||
13 | metropolitan region any or all of the taxes provided in this | ||||||
14 | Section.
Except as otherwise provided in this Act, taxes | ||||||
15 | imposed under this
Section and civil penalties imposed incident | ||||||
16 | thereto shall be collected
and enforced by the State Department | ||||||
17 | of Revenue. The Department shall
have the power to administer | ||||||
18 | and enforce the taxes and to determine all
rights for refunds | ||||||
19 | for erroneous payments of the taxes. Nothing in this amendatory | ||||||
20 | Act of the 95th General Assembly is intended to invalidate any | ||||||
21 | taxes currently imposed by the Authority. The increased vote | ||||||
22 | requirements to impose a tax shall only apply to actions taken | ||||||
23 | after the effective date of this amendatory Act of the 95th | ||||||
24 | General Assembly.
|
| |||||||
| |||||||
1 | (b) The Board may impose a public transportation tax upon | ||||||
2 | all
persons engaged in the metropolitan region in the business | ||||||
3 | of selling at
retail motor fuel for operation of motor vehicles | ||||||
4 | upon public highways. The
tax shall be at a rate not to exceed | ||||||
5 | 5% of the gross receipts from the sales
of motor fuel in the | ||||||
6 | course of the business. As used in this Act, the term
"motor | ||||||
7 | fuel" shall have the same meaning as in the Motor Fuel Tax Law. | ||||||
8 | The Board may provide for details of the tax. The provisions of
| ||||||
9 | any tax shall conform, as closely as may be practicable, to the | ||||||
10 | provisions
of the Municipal Retailers Occupation Tax Act, | ||||||
11 | including without limitation,
conformity to penalties with | ||||||
12 | respect to the tax imposed and as to the powers of
the State | ||||||
13 | Department of Revenue to promulgate and enforce rules and | ||||||
14 | regulations
relating to the administration and enforcement of | ||||||
15 | the provisions of the tax
imposed, except that reference in the | ||||||
16 | Act to any municipality shall refer to
the Authority and the | ||||||
17 | tax shall be imposed only with regard to receipts from
sales of | ||||||
18 | motor fuel in the metropolitan region, at rates as limited by | ||||||
19 | this
Section.
| ||||||
20 | (c) In connection with the tax imposed under paragraph (b) | ||||||
21 | of
this Section the Board may impose a tax upon the privilege | ||||||
22 | of using in
the metropolitan region motor fuel for the | ||||||
23 | operation of a motor vehicle
upon public highways, the tax to | ||||||
24 | be at a rate not in excess of the rate
of tax imposed under | ||||||
25 | paragraph (b) of this Section. The Board may
provide for | ||||||
26 | details of the tax.
|
| |||||||
| |||||||
1 | (d) The Board may impose a motor vehicle parking tax upon | ||||||
2 | the
privilege of parking motor vehicles at off-street parking | ||||||
3 | facilities in
the metropolitan region at which a fee is | ||||||
4 | charged, and may provide for
reasonable classifications in and | ||||||
5 | exemptions to the tax, for
administration and enforcement | ||||||
6 | thereof and for civil penalties and
refunds thereunder and may | ||||||
7 | provide criminal penalties thereunder, the
maximum penalties | ||||||
8 | not to exceed the maximum criminal penalties provided
in the | ||||||
9 | Retailers' Occupation Tax Act. The
Authority may collect and | ||||||
10 | enforce the tax itself or by contract with
any unit of local | ||||||
11 | government. The State Department of Revenue shall have
no | ||||||
12 | responsibility for the collection and enforcement unless the
| ||||||
13 | Department agrees with the Authority to undertake the | ||||||
14 | collection and
enforcement. As used in this paragraph, the term | ||||||
15 | "parking facility"
means a parking area or structure having | ||||||
16 | parking spaces for more than 2
vehicles at which motor vehicles | ||||||
17 | are permitted to park in return for an
hourly, daily, or other | ||||||
18 | periodic fee, whether publicly or privately
owned, but does not | ||||||
19 | include parking spaces on a public street, the use
of which is | ||||||
20 | regulated by parking meters.
| ||||||
21 | (e) The Board may impose a Regional Transportation | ||||||
22 | Authority
Retailers' Occupation Tax upon all persons engaged in | ||||||
23 | the business of
selling tangible personal property at retail in | ||||||
24 | the metropolitan region.
In Cook County the tax rate shall be | ||||||
25 | 1.25%
of the gross receipts from sales
of food for human | ||||||
26 | consumption that is to be consumed off the premises
where it is |
| |||||||
| |||||||
1 | sold (other than alcoholic beverages, soft drinks and food
that | ||||||
2 | has been prepared for immediate consumption) and prescription | ||||||
3 | and
nonprescription medicines, drugs, medical appliances and | ||||||
4 | insulin, urine
testing materials, syringes and needles used by | ||||||
5 | diabetics, and 1%
of the
gross receipts from other taxable | ||||||
6 | sales made in the course of that business.
In DuPage, Kane, | ||||||
7 | Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
| ||||||
8 | of the gross receipts from all taxable sales made in the course | ||||||
9 | of that
business. The tax
imposed under this Section and all | ||||||
10 | civil penalties that may be
assessed as an incident thereof | ||||||
11 | shall be collected and enforced by the
State Department of | ||||||
12 | Revenue. The Department shall have full power to
administer and | ||||||
13 | enforce this Section; to collect all taxes and penalties
so | ||||||
14 | collected in the manner hereinafter provided; and to determine | ||||||
15 | all
rights to credit memoranda arising on account of the | ||||||
16 | erroneous payment
of tax or penalty hereunder. In the | ||||||
17 | administration of, and compliance
with this Section, the | ||||||
18 | Department and persons who are subject to this
Section shall | ||||||
19 | have the same rights, remedies, privileges, immunities,
powers | ||||||
20 | and duties, and be subject to the same conditions, | ||||||
21 | restrictions,
limitations, penalties, exclusions, exemptions | ||||||
22 | and definitions of terms,
and employ the same modes of | ||||||
23 | procedure, as are prescribed in Sections 1,
1a, 1a-1, 1c, 1d, | ||||||
24 | 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all
provisions | ||||||
25 | therein other than the State rate of tax), 2c, 3 (except as to
| ||||||
26 | the disposition of taxes and penalties collected), 4, 5, 5a, |
| |||||||
| |||||||
1 | 5b, 5c, 5d,
5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, | ||||||
2 | 9, 10, 11, 12 and
13 of the Retailers' Occupation Tax Act and | ||||||
3 | Section 3-7 of the
Uniform Penalty and Interest Act, as fully | ||||||
4 | as if those
provisions were set forth herein.
| ||||||
5 | Persons subject to any tax imposed under the authority | ||||||
6 | granted
in this Section may reimburse themselves for their | ||||||
7 | seller's tax
liability hereunder by separately stating the tax | ||||||
8 | as an additional
charge, which charge may be stated in | ||||||
9 | combination in a single amount
with State taxes that sellers | ||||||
10 | are required to collect under the Use
Tax Act, under any | ||||||
11 | bracket schedules the
Department may prescribe.
| ||||||
12 | Whenever the Department determines that a refund should be | ||||||
13 | made under
this Section to a claimant instead of issuing a | ||||||
14 | credit memorandum, the
Department shall notify the State | ||||||
15 | Comptroller, who shall cause the
warrant to be drawn for the | ||||||
16 | amount specified, and to the person named,
in the notification | ||||||
17 | from the Department. The refund shall be paid by
the State | ||||||
18 | Treasurer out of the Regional Transportation Authority tax
fund | ||||||
19 | established under paragraph (n) of this Section.
| ||||||
20 | If a tax is imposed under this subsection (e), a tax shall | ||||||
21 | also
be imposed under subsections (f) and (g) of this Section.
| ||||||
22 | For the purpose of determining whether a tax authorized | ||||||
23 | under this
Section is applicable, a retail sale by a producer | ||||||
24 | of coal or other
mineral mined in Illinois, is a sale at retail | ||||||
25 | at the place where the
coal or other mineral mined in Illinois | ||||||
26 | is extracted from the earth.
This paragraph does not apply to |
| |||||||
| |||||||
1 | coal or other mineral when it is
delivered or shipped by the | ||||||
2 | seller to the purchaser at a point outside
Illinois so that the | ||||||
3 | sale is exempt under the Federal Constitution as a
sale in | ||||||
4 | interstate or foreign commerce.
| ||||||
5 | No tax shall be imposed or collected under this subsection | ||||||
6 | on the sale of a motor vehicle in this State to a resident of | ||||||
7 | another state if that motor vehicle will not be titled in this | ||||||
8 | State.
| ||||||
9 | Nothing in this Section shall be construed to authorize the | ||||||
10 | Regional
Transportation Authority to impose a tax upon the | ||||||
11 | privilege of engaging
in any business that under the | ||||||
12 | Constitution of the United States may
not be made the subject | ||||||
13 | of taxation by this State.
| ||||||
14 | (f) If a tax has been imposed under paragraph (e), a
| ||||||
15 | Regional Transportation Authority Service Occupation
Tax shall
| ||||||
16 | also be imposed upon all persons engaged, in the metropolitan | ||||||
17 | region in
the business of making sales of service, who as an | ||||||
18 | incident to making the sales
of service, transfer tangible | ||||||
19 | personal property within the metropolitan region,
either in the | ||||||
20 | form of tangible personal property or in the form of real | ||||||
21 | estate
as an incident to a sale of service. In Cook County, the | ||||||
22 | tax rate
shall be: (1) 1.25%
of the serviceman's cost price of | ||||||
23 | food prepared for
immediate consumption and transferred | ||||||
24 | incident to a sale of service subject
to the service occupation | ||||||
25 | tax by an entity licensed under the Hospital
Licensing Act , or | ||||||
26 | the Nursing Home Care Act , or the MR/DD Community Care Act that |
| |||||||
| |||||||
1 | is located in the metropolitan
region; (2) 1.25%
of the selling | ||||||
2 | price of food for human consumption that is to
be consumed off | ||||||
3 | the premises where it is sold (other than alcoholic
beverages, | ||||||
4 | soft drinks and food that has been prepared for immediate
| ||||||
5 | consumption) and prescription and nonprescription medicines, | ||||||
6 | drugs, medical
appliances and insulin, urine testing | ||||||
7 | materials, syringes and needles used
by diabetics; and (3) 1%
| ||||||
8 | of the selling price from other taxable sales of
tangible | ||||||
9 | personal property transferred. In DuPage, Kane, Lake,
McHenry | ||||||
10 | and Will Counties the rate shall be 0.75%
of the selling price
| ||||||
11 | of all tangible personal property transferred.
| ||||||
12 | The tax imposed under this paragraph and all civil
| ||||||
13 | penalties that may be assessed as an incident thereof shall be | ||||||
14 | collected
and enforced by the State Department of Revenue. The | ||||||
15 | Department shall
have full power to administer and enforce this | ||||||
16 | paragraph; to collect all
taxes and penalties due hereunder; to | ||||||
17 | dispose of taxes and penalties
collected in the manner | ||||||
18 | hereinafter provided; and to determine all
rights to credit | ||||||
19 | memoranda arising on account of the erroneous payment
of tax or | ||||||
20 | penalty hereunder. In the administration of and compliance
with | ||||||
21 | this paragraph, the Department and persons who are subject to | ||||||
22 | this
paragraph shall have the same rights, remedies, | ||||||
23 | privileges, immunities,
powers and duties, and be subject to | ||||||
24 | the same conditions, restrictions,
limitations, penalties, | ||||||
25 | exclusions, exemptions and definitions of terms,
and employ the | ||||||
26 | same modes of procedure, as are prescribed in Sections 1a-1, 2,
|
| |||||||
| |||||||
1 | 2a, 3 through 3-50 (in respect to all provisions therein other | ||||||
2 | than the
State rate of tax), 4 (except that the reference to | ||||||
3 | the State shall be to
the Authority), 5, 7, 8 (except that the | ||||||
4 | jurisdiction to which the tax
shall be a debt to the extent | ||||||
5 | indicated in that Section 8 shall be the
Authority), 9 (except | ||||||
6 | as to the disposition of taxes and penalties
collected, and | ||||||
7 | except that the returned merchandise credit for this tax may
| ||||||
8 | not be taken against any State tax), 10, 11, 12 (except the | ||||||
9 | reference
therein to Section 2b of the Retailers' Occupation | ||||||
10 | Tax Act), 13 (except
that any reference to the State shall mean | ||||||
11 | the Authority), the first
paragraph of Section 15, 16, 17, 18, | ||||||
12 | 19 and 20 of the Service
Occupation Tax Act and Section 3-7 of | ||||||
13 | the Uniform Penalty and Interest
Act, as fully as if those | ||||||
14 | provisions were set forth herein.
| ||||||
15 | Persons subject to any tax imposed under the authority | ||||||
16 | granted
in this paragraph may reimburse themselves for their | ||||||
17 | serviceman's tax
liability hereunder by separately stating the | ||||||
18 | tax as an additional
charge, that charge may be stated in | ||||||
19 | combination in a single amount
with State tax that servicemen | ||||||
20 | are authorized to collect under the
Service Use Tax Act, under | ||||||
21 | any bracket schedules the
Department may prescribe.
| ||||||
22 | Whenever the Department determines that a refund should be | ||||||
23 | made under
this paragraph to a claimant instead of issuing a | ||||||
24 | credit memorandum, the
Department shall notify the State | ||||||
25 | Comptroller, who shall cause the
warrant to be drawn for the | ||||||
26 | amount specified, and to the person named
in the notification |
| |||||||
| |||||||
1 | from the Department. The refund shall be paid by
the State | ||||||
2 | Treasurer out of the Regional Transportation Authority tax
fund | ||||||
3 | established under paragraph (n) of this Section.
| ||||||
4 | Nothing in this paragraph shall be construed to authorize | ||||||
5 | the
Authority to impose a tax upon the privilege of engaging in | ||||||
6 | any business
that under the Constitution of the United States | ||||||
7 | may not be made the
subject of taxation by the State.
| ||||||
8 | (g) If a tax has been imposed under paragraph (e), a tax | ||||||
9 | shall
also be imposed upon the privilege of using in the | ||||||
10 | metropolitan region,
any item of tangible personal property | ||||||
11 | that is purchased outside the
metropolitan region at retail | ||||||
12 | from a retailer, and that is titled or
registered with an | ||||||
13 | agency of this State's government. In Cook County the
tax rate | ||||||
14 | shall be 1%
of the selling price of the tangible personal | ||||||
15 | property,
as "selling price" is defined in the Use Tax Act. In | ||||||
16 | DuPage, Kane, Lake,
McHenry and Will counties the tax rate | ||||||
17 | shall be 0.75%
of the selling price of
the tangible personal | ||||||
18 | property, as "selling price" is defined in the
Use Tax Act. The | ||||||
19 | tax shall be collected from persons whose Illinois
address for | ||||||
20 | titling or registration purposes is given as being in the
| ||||||
21 | metropolitan region. The tax shall be collected by the | ||||||
22 | Department of
Revenue for the Regional Transportation | ||||||
23 | Authority. The tax must be paid
to the State, or an exemption | ||||||
24 | determination must be obtained from the
Department of Revenue, | ||||||
25 | before the title or certificate of registration for
the | ||||||
26 | property may be issued. The tax or proof of exemption may be
|
| |||||||
| |||||||
1 | transmitted to the Department by way of the State agency with | ||||||
2 | which, or the
State officer with whom, the tangible personal | ||||||
3 | property must be titled or
registered if the Department and the | ||||||
4 | State agency or State officer
determine that this procedure | ||||||
5 | will expedite the processing of applications
for title or | ||||||
6 | registration.
| ||||||
7 | The Department shall have full power to administer and | ||||||
8 | enforce this
paragraph; to collect all taxes, penalties and | ||||||
9 | interest due hereunder;
to dispose of taxes, penalties and | ||||||
10 | interest collected in the manner
hereinafter provided; and to | ||||||
11 | determine all rights to credit memoranda or
refunds arising on | ||||||
12 | account of the erroneous payment of tax, penalty or
interest | ||||||
13 | hereunder. In the administration of and compliance with this
| ||||||
14 | paragraph, the Department and persons who are subject to this | ||||||
15 | paragraph
shall have the same rights, remedies, privileges, | ||||||
16 | immunities, powers and
duties, and be subject to the same | ||||||
17 | conditions, restrictions,
limitations, penalties, exclusions, | ||||||
18 | exemptions and definitions of terms
and employ the same modes | ||||||
19 | of procedure, as are prescribed in Sections 2
(except the | ||||||
20 | definition of "retailer maintaining a place of business in this
| ||||||
21 | State"), 3 through 3-80 (except provisions pertaining to the | ||||||
22 | State rate
of tax, and except provisions concerning collection | ||||||
23 | or refunding of the tax
by retailers), 4, 11, 12, 12a, 14, 15, | ||||||
24 | 19 (except the portions pertaining
to claims by retailers and | ||||||
25 | except the last paragraph concerning refunds),
20, 21 and 22 of | ||||||
26 | the Use Tax Act, and are not inconsistent with this
paragraph, |
| |||||||
| |||||||
1 | as fully as if those provisions were set forth herein.
| ||||||
2 | Whenever the Department determines that a refund should be | ||||||
3 | made under
this paragraph to a claimant instead of issuing a | ||||||
4 | credit memorandum, the
Department shall notify the State | ||||||
5 | Comptroller, who shall cause the order
to be drawn for the | ||||||
6 | amount specified, and to the person named in the
notification | ||||||
7 | from the Department. The refund shall be paid by the State
| ||||||
8 | Treasurer out of the Regional Transportation Authority tax fund
| ||||||
9 | established under paragraph (n) of this Section.
| ||||||
10 | (h) The Authority may impose a replacement vehicle tax of | ||||||
11 | $50 on any
passenger car as defined in Section 1-157 of the | ||||||
12 | Illinois Vehicle Code
purchased within the metropolitan region | ||||||
13 | by or on behalf of an
insurance company to replace a passenger | ||||||
14 | car of
an insured person in settlement of a total loss claim. | ||||||
15 | The tax imposed
may not become effective before the first day | ||||||
16 | of the month following the
passage of the ordinance imposing | ||||||
17 | the tax and receipt of a certified copy
of the ordinance by the | ||||||
18 | Department of Revenue. The Department of Revenue
shall collect | ||||||
19 | the tax for the Authority in accordance with Sections 3-2002
| ||||||
20 | and 3-2003 of the Illinois Vehicle Code.
| ||||||
21 | The Department shall immediately pay over to the State | ||||||
22 | Treasurer,
ex officio, as trustee, all taxes collected | ||||||
23 | hereunder. On
or before the 25th day of each calendar month, | ||||||
24 | the Department shall
prepare and certify to the Comptroller the | ||||||
25 | disbursement of stated sums
of money to the Authority. The | ||||||
26 | amount to be paid to the Authority shall be
the amount |
| |||||||
| |||||||
1 | collected hereunder during the second preceding calendar month
| ||||||
2 | by the Department, less any amount determined by the Department | ||||||
3 | to be
necessary for the payment of refunds. Within 10 days | ||||||
4 | after receipt by the
Comptroller of the disbursement | ||||||
5 | certification to the Authority provided
for in this Section to | ||||||
6 | be given to the Comptroller by the Department, the
Comptroller | ||||||
7 | shall cause the orders to be drawn for that amount in
| ||||||
8 | accordance with the directions contained in the certification.
| ||||||
9 | (i) The Board may not impose any other taxes except as it | ||||||
10 | may from
time to time be authorized by law to impose.
| ||||||
11 | (j) A certificate of registration issued by the State | ||||||
12 | Department of
Revenue to a retailer under the Retailers' | ||||||
13 | Occupation Tax Act or under the
Service Occupation Tax Act | ||||||
14 | shall permit the registrant to engage in a
business that is | ||||||
15 | taxed under the tax imposed under paragraphs
(b), (e), (f) or | ||||||
16 | (g) of this Section and no additional registration
shall be | ||||||
17 | required under the tax. A certificate issued under the
Use Tax | ||||||
18 | Act or the Service Use Tax Act shall be applicable with regard | ||||||
19 | to
any tax imposed under paragraph (c) of this Section.
| ||||||
20 | (k) The provisions of any tax imposed under paragraph (c) | ||||||
21 | of
this Section shall conform as closely as may be practicable | ||||||
22 | to the
provisions of the Use Tax Act, including
without | ||||||
23 | limitation conformity as to penalties with respect to the tax
| ||||||
24 | imposed and as to the powers of the State Department of Revenue | ||||||
25 | to
promulgate and enforce rules and regulations relating to the
| ||||||
26 | administration and enforcement of the provisions of the tax |
| |||||||
| |||||||
1 | imposed.
The taxes shall be imposed only on use within the | ||||||
2 | metropolitan region
and at rates as provided in the paragraph.
| ||||||
3 | (l) The Board in imposing any tax as provided in paragraphs | ||||||
4 | (b)
and (c) of this Section, shall, after seeking the advice of | ||||||
5 | the State
Department of Revenue, provide means for retailers, | ||||||
6 | users or purchasers
of motor fuel for purposes other than those | ||||||
7 | with regard to which the
taxes may be imposed as provided in | ||||||
8 | those paragraphs to receive refunds
of taxes improperly paid, | ||||||
9 | which provisions may be at variance with the
refund provisions | ||||||
10 | as applicable under the Municipal Retailers
Occupation Tax Act. | ||||||
11 | The State Department of Revenue may provide for
certificates of | ||||||
12 | registration for users or purchasers of motor fuel for purposes
| ||||||
13 | other than those with regard to which taxes may be imposed as | ||||||
14 | provided in
paragraphs (b) and (c) of this Section to | ||||||
15 | facilitate the reporting and
nontaxability of the exempt sales | ||||||
16 | or uses.
| ||||||
17 | (m) Any ordinance imposing or discontinuing any tax under | ||||||
18 | this Section shall
be adopted and a certified copy thereof | ||||||
19 | filed with the Department on or before
June 1, whereupon the | ||||||
20 | Department of Revenue shall proceed to administer and
enforce | ||||||
21 | this Section on behalf of the Regional Transportation Authority | ||||||
22 | as of
September 1 next following such adoption and filing.
| ||||||
23 | Beginning January 1, 1992, an ordinance or resolution imposing | ||||||
24 | or
discontinuing the tax hereunder shall be adopted and a | ||||||
25 | certified copy
thereof filed with the Department on or before | ||||||
26 | the first day of July,
whereupon the Department shall proceed |
| |||||||
| |||||||
1 | to administer and enforce this
Section as of the first day of | ||||||
2 | October next following such adoption and
filing. Beginning | ||||||
3 | January 1, 1993, an ordinance or resolution imposing, | ||||||
4 | increasing, decreasing, or
discontinuing the tax hereunder | ||||||
5 | shall be adopted and a certified copy
thereof filed with the | ||||||
6 | Department,
whereupon the Department shall proceed to | ||||||
7 | administer and enforce this
Section as of the first day of the | ||||||
8 | first month to occur not less than 60 days
following such | ||||||
9 | adoption and filing. Any ordinance or resolution of the | ||||||
10 | Authority imposing a tax under this Section and in effect on | ||||||
11 | August 1, 2007 shall remain in full force and effect and shall | ||||||
12 | be administered by the Department of Revenue under the terms | ||||||
13 | and conditions and rates of tax established by such ordinance | ||||||
14 | or resolution until the Department begins administering and | ||||||
15 | enforcing an increased tax under this Section as authorized by | ||||||
16 | this amendatory Act of the 95th General Assembly. The tax rates | ||||||
17 | authorized by this amendatory Act of the 95th General Assembly | ||||||
18 | are effective only if imposed by ordinance of the Authority.
| ||||||
19 | (n) The State Department of Revenue shall, upon collecting | ||||||
20 | any taxes
as provided in this Section, pay the taxes over to | ||||||
21 | the State Treasurer
as trustee for the Authority. The taxes | ||||||
22 | shall be held in a trust fund
outside the State Treasury. On or | ||||||
23 | before the 25th day of each calendar
month, the State | ||||||
24 | Department of Revenue shall prepare and certify to the
| ||||||
25 | Comptroller of the State of Illinois and
to the Authority (i) | ||||||
26 | the
amount of taxes collected in each County other than Cook |
| |||||||
| |||||||
1 | County in the
metropolitan region, (ii)
the amount of taxes | ||||||
2 | collected within the City
of Chicago,
and (iii) the amount | ||||||
3 | collected in that portion
of Cook County outside of Chicago, | ||||||
4 | each amount less the amount necessary for the payment
of | ||||||
5 | refunds to taxpayers located in those areas described in items | ||||||
6 | (i), (ii), and (iii).
Within 10 days after receipt by the | ||||||
7 | Comptroller of the certification of
the amounts, the | ||||||
8 | Comptroller shall cause an
order to be drawn for the payment of | ||||||
9 | two-thirds of the amounts certified in item (i) of this | ||||||
10 | subsection to the Authority and one-third of the amounts | ||||||
11 | certified in item (i) of this subsection to the respective | ||||||
12 | counties other than Cook County and the amount certified in | ||||||
13 | items (ii) and (iii) of this subsection to the Authority.
| ||||||
14 | In addition to the disbursement required by the preceding | ||||||
15 | paragraph, an
allocation shall be made in July 1991 and each | ||||||
16 | year thereafter to the
Regional Transportation Authority. The | ||||||
17 | allocation shall be made in an
amount equal to the average | ||||||
18 | monthly distribution during the preceding
calendar year | ||||||
19 | (excluding the 2 months of lowest receipts) and the
allocation | ||||||
20 | shall include the amount of average monthly distribution from
| ||||||
21 | the Regional Transportation Authority Occupation and Use Tax | ||||||
22 | Replacement
Fund. The distribution made in July 1992 and each | ||||||
23 | year thereafter under
this paragraph and the preceding | ||||||
24 | paragraph shall be reduced by the amount
allocated and | ||||||
25 | disbursed under this paragraph in the preceding calendar
year. | ||||||
26 | The Department of Revenue shall prepare and certify to the
|
| |||||||
| |||||||
1 | Comptroller for disbursement the allocations made in | ||||||
2 | accordance with this
paragraph.
| ||||||
3 | (o) Failure to adopt a budget ordinance or otherwise to | ||||||
4 | comply with
Section 4.01 of this Act or to adopt a Five-year | ||||||
5 | Capital Program or otherwise to
comply with paragraph (b) of | ||||||
6 | Section 2.01 of this Act shall not affect
the validity of any | ||||||
7 | tax imposed by the Authority otherwise in conformity
with law.
| ||||||
8 | (p) At no time shall a public transportation tax or motor | ||||||
9 | vehicle
parking tax authorized under paragraphs (b), (c) and | ||||||
10 | (d) of this Section
be in effect at the same time as any | ||||||
11 | retailers' occupation, use or
service occupation tax | ||||||
12 | authorized under paragraphs (e), (f) and (g) of
this Section is | ||||||
13 | in effect.
| ||||||
14 | Any taxes imposed under the authority provided in | ||||||
15 | paragraphs (b), (c)
and (d) shall remain in effect only until | ||||||
16 | the time as any tax
authorized by paragraphs (e), (f) or (g) of | ||||||
17 | this Section are imposed and
becomes effective. Once any tax | ||||||
18 | authorized by paragraphs (e), (f) or (g)
is imposed the Board | ||||||
19 | may not reimpose taxes as authorized in paragraphs
(b), (c) and | ||||||
20 | (d) of the Section unless any tax authorized by
paragraphs (e), | ||||||
21 | (f) or (g) of this Section becomes ineffective by means
other | ||||||
22 | than an ordinance of the Board.
| ||||||
23 | (q) Any existing rights, remedies and obligations | ||||||
24 | (including
enforcement by the Regional Transportation | ||||||
25 | Authority) arising under any
tax imposed under paragraphs (b), | ||||||
26 | (c) or (d) of this Section shall not
be affected by the |
| |||||||
| |||||||
1 | imposition of a tax under paragraphs (e), (f) or (g)
of this | ||||||
2 | Section.
| ||||||
3 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
4 | Section 90-75. The Ambulatory Surgical Treatment Center | ||||||
5 | Act is amended by changing Section 3 as follows:
| ||||||
6 | (210 ILCS 5/3) (from Ch. 111 1/2, par. 157-8.3)
| ||||||
7 | Sec. 3.
As used in this Act, unless the context otherwise | ||||||
8 | requires, the
following words and phrases shall have the | ||||||
9 | meanings ascribed to them:
| ||||||
10 | (A) "Ambulatory surgical treatment center" means any | ||||||
11 | institution, place
or building devoted primarily to the | ||||||
12 | maintenance and operation of
facilities for the performance of | ||||||
13 | surgical procedures or any facility in
which a medical or | ||||||
14 | surgical procedure is utilized to terminate a pregnancy,
| ||||||
15 | irrespective of whether the facility is devoted primarily to | ||||||
16 | this purpose.
Such facility shall not provide beds or other | ||||||
17 | accommodations for the
overnight stay of patients; however, | ||||||
18 | facilities devoted exclusively to the
treatment of children may | ||||||
19 | provide accommodations and beds for their patients
for up to 23 | ||||||
20 | hours following admission. Individual patients shall be
| ||||||
21 | discharged in an ambulatory condition without danger to the | ||||||
22 | continued well
being of the patients or shall be transferred to | ||||||
23 | a hospital.
| ||||||
24 | The term "ambulatory surgical treatment center" does not |
| |||||||
| |||||||
1 | include any of the
following:
| ||||||
2 | (1) Any institution, place, building or agency | ||||||
3 | required to be licensed
pursuant to the "Hospital Licensing | ||||||
4 | Act", approved July 1, 1953, as amended.
| ||||||
5 | (2) Any person or institution required to be licensed | ||||||
6 | pursuant to the
" Nursing Home Care Act or the MR/DD | ||||||
7 | Community Care Act ", approved August 23, 1979, as amended .
| ||||||
8 | (3) Hospitals or ambulatory surgical treatment centers | ||||||
9 | maintained by the
State or any department or agency | ||||||
10 | thereof, where such department or agency
has authority | ||||||
11 | under law to establish and enforce standards for the
| ||||||
12 | hospitals or ambulatory surgical treatment centers under | ||||||
13 | its management and
control.
| ||||||
14 | (4) Hospitals or ambulatory surgical treatment centers | ||||||
15 | maintained by the
Federal Government or agencies thereof.
| ||||||
16 | (5) Any place, agency, clinic, or practice, public or | ||||||
17 | private, whether
organized for profit or not, devoted | ||||||
18 | exclusively to the performance of
dental or oral surgical | ||||||
19 | procedures.
| ||||||
20 | (B) "Person" means any individual, firm, partnership, | ||||||
21 | corporation,
company, association, or joint stock association, | ||||||
22 | or the legal successor
thereof.
| ||||||
23 | (C) "Department" means the Department of Public Health of | ||||||
24 | the State of
Illinois.
| ||||||
25 | (D) "Director" means the Director of the Department of | ||||||
26 | Public Health of
the State of Illinois.
|
| |||||||
| |||||||
1 | (E) "Physician" means a person licensed to practice | ||||||
2 | medicine in all of
its branches in the State of Illinois.
| ||||||
3 | (F) "Dentist" means a person licensed to practice dentistry | ||||||
4 | under the
Illinois Dental Practice Act.
| ||||||
5 | (G) "Podiatrist" means a person licensed to practice | ||||||
6 | podiatry under
the Podiatric Medical Practice Act of 1987.
| ||||||
7 | (Source: P.A. 88-371; 88-441; 88-490; 88-670, eff. 12-2-94.)
| ||||||
8 | Section 90-80. The Assisted Living and Shared Housing Act | ||||||
9 | is amended by changing Sections 10, 35, 55, and 75 as follows:
| ||||||
10 | (210 ILCS 9/10)
| ||||||
11 | Sec. 10. Definitions. For purposes of this Act:
| ||||||
12 | "Activities of daily living" means eating, dressing, | ||||||
13 | bathing, toileting,
transferring, or personal
hygiene.
| ||||||
14 | "Advisory Board" means the Assisted Living and Shared | ||||||
15 | Housing Standards and Quality of Life Advisory Board.
| ||||||
16 | "Assisted living establishment" or "establishment" means a | ||||||
17 | home, building,
residence, or any
other place where sleeping | ||||||
18 | accommodations are provided for at least 3
unrelated adults,
at | ||||||
19 | least 80% of whom are 55 years of age or older and where the | ||||||
20 | following are
provided
consistent with the purposes of this | ||||||
21 | Act:
| ||||||
22 | (1) services consistent with a social model that is | ||||||
23 | based on the premise
that the
resident's unit in assisted | ||||||
24 | living and shared housing is his or her own home;
|
| |||||||
| |||||||
1 | (2) community-based residential care for persons who | ||||||
2 | need assistance with
activities of
daily living, including | ||||||
3 | personal, supportive, and intermittent
health-related | ||||||
4 | services available 24 hours per day, if needed, to meet the
| ||||||
5 | scheduled
and
unscheduled needs of a resident;
| ||||||
6 | (3) mandatory services, whether provided directly by | ||||||
7 | the establishment or
by another
entity arranged for by the | ||||||
8 | establishment, with the consent of the resident or
| ||||||
9 | resident's
representative; and
| ||||||
10 | (4) a physical environment that is a homelike
setting | ||||||
11 | that
includes the following and such other elements as | ||||||
12 | established by the Department
in
conjunction with the | ||||||
13 | Assisted Living and Shared Housing Standards and Quality of | ||||||
14 | Life Advisory Board:
individual living units each of which | ||||||
15 | shall accommodate small kitchen
appliances
and contain | ||||||
16 | private bathing, washing, and toilet facilities, or | ||||||
17 | private washing
and
toilet facilities with a common bathing | ||||||
18 | room readily accessible to each
resident.
Units shall be | ||||||
19 | maintained for single occupancy except in cases in which 2
| ||||||
20 | residents
choose to share a unit. Sufficient common space | ||||||
21 | shall exist to permit
individual and
group activities.
| ||||||
22 | "Assisted living establishment" or "establishment" does | ||||||
23 | not mean any of the
following:
| ||||||
24 | (1) A home, institution, or similar place operated by | ||||||
25 | the federal
government or the
State of Illinois.
| ||||||
26 | (2) A long term care facility licensed under the |
| |||||||
| |||||||
1 | Nursing Home Care Act or a facility licensed under the | ||||||
2 | MR/DD Community Care Act .
However, a
long term care | ||||||
3 | facility may convert distinct parts of the facility to | ||||||
4 | assisted
living. If
the long term care facility elects to | ||||||
5 | do so, the facility shall retain the
Certificate of
Need | ||||||
6 | for its nursing and sheltered care beds that were | ||||||
7 | converted.
| ||||||
8 | (3) A hospital, sanitarium, or other institution, the | ||||||
9 | principal activity
or business of
which is the diagnosis, | ||||||
10 | care, and treatment of human illness and that is
required | ||||||
11 | to
be licensed under the Hospital Licensing Act.
| ||||||
12 | (4) A facility for child care as defined in the Child | ||||||
13 | Care Act of 1969.
| ||||||
14 | (5) A community living facility as defined in the | ||||||
15 | Community Living
Facilities
Licensing Act.
| ||||||
16 | (6) A nursing home or sanitarium operated solely by and | ||||||
17 | for persons who
rely
exclusively upon treatment by | ||||||
18 | spiritual means through prayer in accordance with
the creed | ||||||
19 | or tenants of a well-recognized church or religious | ||||||
20 | denomination.
| ||||||
21 | (7) A facility licensed by the Department of Human | ||||||
22 | Services as a
community-integrated living arrangement as | ||||||
23 | defined in the Community-Integrated
Living
Arrangements | ||||||
24 | Licensure and Certification Act.
| ||||||
25 | (8) A supportive residence licensed under the | ||||||
26 | Supportive Residences
Licensing Act.
|
| |||||||
| |||||||
1 | (9) The portion of a life care facility as defined in | ||||||
2 | the Life Care Facilities Act not licensed as an assisted | ||||||
3 | living establishment under this Act; a
life care facility | ||||||
4 | may
apply under this Act to convert sections of the | ||||||
5 | community to assisted living.
| ||||||
6 | (10) A free-standing hospice facility licensed under | ||||||
7 | the Hospice Program
Licensing Act.
| ||||||
8 | (11) A shared housing establishment.
| ||||||
9 | (12) A supportive living facility as described in | ||||||
10 | Section 5-5.01a of the
Illinois Public Aid
Code.
| ||||||
11 | "Department" means the Department of Public Health.
| ||||||
12 | "Director" means the Director of Public Health.
| ||||||
13 | "Emergency situation" means imminent danger of death or | ||||||
14 | serious physical
harm to a
resident of an establishment.
| ||||||
15 | "License" means any of the following types of licenses | ||||||
16 | issued to an applicant
or licensee by the
Department:
| ||||||
17 | (1) "Probationary license" means a license issued to an | ||||||
18 | applicant or
licensee
that has not
held a license under | ||||||
19 | this Act prior to its application or pursuant to a license
| ||||||
20 | transfer in accordance with Section 50 of this Act.
| ||||||
21 | (2) "Regular license" means a license issued by the | ||||||
22 | Department to an
applicant or
licensee that is in
| ||||||
23 | substantial compliance with this Act and any rules | ||||||
24 | promulgated
under this Act.
| ||||||
25 | "Licensee" means a person, agency, association, | ||||||
26 | corporation, partnership, or
organization that
has been issued |
| |||||||
| |||||||
1 | a license to operate an assisted living or shared housing
| ||||||
2 | establishment.
| ||||||
3 | "Licensed health care professional" means a registered | ||||||
4 | professional nurse,
an advanced practice nurse, a physician | ||||||
5 | assistant, and a licensed practical
nurse.
| ||||||
6 | "Mandatory services" include the following:
| ||||||
7 | (1) 3 meals per day available to the residents prepared | ||||||
8 | by the
establishment or an
outside contractor;
| ||||||
9 | (2) housekeeping services including, but not limited | ||||||
10 | to, vacuuming,
dusting, and
cleaning the resident's unit;
| ||||||
11 | (3) personal laundry and linen services available to | ||||||
12 | the residents
provided
or arranged
for by the | ||||||
13 | establishment;
| ||||||
14 | (4) security provided 24 hours each day including, but | ||||||
15 | not limited to,
locked entrances
or building or contract | ||||||
16 | security personnel;
| ||||||
17 | (5) an emergency communication response system, which | ||||||
18 | is a procedure in
place 24
hours each day by which a | ||||||
19 | resident can notify building management, an emergency
| ||||||
20 | response vendor, or others able to respond to his or her | ||||||
21 | need for assistance;
and
| ||||||
22 | (6) assistance with activities of daily living as | ||||||
23 | required by each
resident.
| ||||||
24 | "Negotiated risk" is the process by which a resident, or | ||||||
25 | his or her
representative,
may formally
negotiate with | ||||||
26 | providers what risks each are willing and unwilling to assume |
| |||||||
| |||||||
1 | in
service provision
and the resident's living environment. The | ||||||
2 | provider assures that the resident
and the
resident's | ||||||
3 | representative, if any, are informed of the risks of these | ||||||
4 | decisions
and of
the potential
consequences of assuming these | ||||||
5 | risks.
| ||||||
6 | "Owner" means the individual, partnership, corporation, | ||||||
7 | association, or other
person who owns
an assisted living or | ||||||
8 | shared housing establishment. In the event an assisted
living | ||||||
9 | or shared
housing establishment is operated by a person who | ||||||
10 | leases or manages the
physical plant, which is
owned by another | ||||||
11 | person, "owner" means the person who operates the assisted
| ||||||
12 | living or shared
housing establishment, except that if the | ||||||
13 | person who owns the physical plant is
an affiliate of the
| ||||||
14 | person who operates the assisted living or shared housing | ||||||
15 | establishment and has
significant
control over the day to day | ||||||
16 | operations of the assisted living or shared housing
| ||||||
17 | establishment, the
person who owns the physical plant shall | ||||||
18 | incur jointly and severally with the
owner all liabilities
| ||||||
19 | imposed on an owner under this Act.
| ||||||
20 | "Physician" means a person licensed
under the Medical | ||||||
21 | Practice Act of 1987
to practice medicine in all of its
| ||||||
22 | branches.
| ||||||
23 | "Resident" means a person residing in an assisted living or | ||||||
24 | shared housing
establishment.
| ||||||
25 | "Resident's representative" means a person, other than the | ||||||
26 | owner, agent, or
employee of an
establishment or of the health |
| |||||||
| |||||||
1 | care provider unless related to the resident,
designated in | ||||||
2 | writing by a
resident to be his or her
representative. This | ||||||
3 | designation may be accomplished through the Illinois
Power of | ||||||
4 | Attorney Act, pursuant to the guardianship process under the | ||||||
5 | Probate
Act of 1975, or pursuant to an executed designation of | ||||||
6 | representative form
specified by the Department.
| ||||||
7 | "Self" means the individual or the individual's designated | ||||||
8 | representative.
| ||||||
9 | "Shared housing establishment" or "establishment" means a | ||||||
10 | publicly or
privately operated free-standing
residence for 16 | ||||||
11 | or fewer persons, at least 80% of whom are 55
years of age or | ||||||
12 | older
and who are unrelated to the owners and one manager of | ||||||
13 | the residence, where
the following are provided:
| ||||||
14 | (1) services consistent with a social model that is | ||||||
15 | based on the premise
that the resident's unit is his or her | ||||||
16 | own home;
| ||||||
17 | (2) community-based residential care for persons who | ||||||
18 | need assistance with
activities of daily living, including | ||||||
19 | housing and personal, supportive, and
intermittent | ||||||
20 | health-related services available 24 hours per day, if | ||||||
21 | needed, to
meet the scheduled and unscheduled needs of a | ||||||
22 | resident; and
| ||||||
23 | (3) mandatory services, whether provided directly by | ||||||
24 | the establishment or
by another entity arranged for by the | ||||||
25 | establishment, with the consent of the
resident or the | ||||||
26 | resident's representative.
|
| |||||||
| |||||||
1 | "Shared housing establishment" or "establishment" does not | ||||||
2 | mean any of the
following:
| ||||||
3 | (1) A home, institution, or similar place operated by | ||||||
4 | the federal
government or the State of Illinois.
| ||||||
5 | (2) A long term care facility licensed under the | ||||||
6 | Nursing Home Care Act or a facility licensed under the | ||||||
7 | MR/DD Community Care Act .
A long term care facility may, | ||||||
8 | however, convert sections of the facility to
assisted | ||||||
9 | living. If the long term care facility elects to do so, the | ||||||
10 | facility
shall retain the Certificate of Need for its | ||||||
11 | nursing beds that were
converted.
| ||||||
12 | (3) A hospital, sanitarium, or other institution, the | ||||||
13 | principal activity
or business of which is the diagnosis, | ||||||
14 | care, and treatment of human illness and
that is required | ||||||
15 | to be licensed under the Hospital Licensing Act.
| ||||||
16 | (4) A facility for child care as defined in the Child | ||||||
17 | Care Act of 1969.
| ||||||
18 | (5) A community living facility as defined in the | ||||||
19 | Community Living
Facilities Licensing Act.
| ||||||
20 | (6) A nursing home or sanitarium operated solely by and | ||||||
21 | for persons who
rely exclusively upon treatment by | ||||||
22 | spiritual means through prayer in accordance
with the creed | ||||||
23 | or tenants of a well-recognized church or religious
| ||||||
24 | denomination.
| ||||||
25 | (7) A facility licensed by the Department of Human | ||||||
26 | Services as a
community-integrated
living arrangement as |
| |||||||
| |||||||
1 | defined in the Community-Integrated
Living Arrangements | ||||||
2 | Licensure and Certification Act.
| ||||||
3 | (8) A supportive residence licensed under the | ||||||
4 | Supportive Residences
Licensing Act.
| ||||||
5 | (9) A life care facility as defined in the Life Care | ||||||
6 | Facilities Act; a
life care facility may apply under this | ||||||
7 | Act to convert sections of the
community to assisted | ||||||
8 | living.
| ||||||
9 | (10) A free-standing hospice facility licensed under | ||||||
10 | the Hospice Program
Licensing Act.
| ||||||
11 | (11) An assisted living establishment.
| ||||||
12 | (12) A supportive living facility as described in | ||||||
13 | Section 5-5.01a of the
Illinois Public Aid Code.
| ||||||
14 | "Total assistance" means that staff or another individual | ||||||
15 | performs the entire
activity of daily
living without | ||||||
16 | participation by the resident.
| ||||||
17 | (Source: P.A. 95-216, eff. 8-16-07.)
| ||||||
18 | (210 ILCS 9/35)
| ||||||
19 | Sec. 35. Issuance of license.
| ||||||
20 | (a) Upon receipt and review of an application for a license | ||||||
21 | and review of
the applicant establishment, the Director may | ||||||
22 | issue a license if he or she
finds:
| ||||||
23 | (1) that the individual applicant, or the corporation, | ||||||
24 | partnership, or
other entity if the applicant is not an | ||||||
25 | individual, is a person responsible and
suitable to operate |
| |||||||
| |||||||
1 | or to direct or participate in the operation of an
| ||||||
2 | establishment by virtue of financial capacity, appropriate | ||||||
3 | business or
professional experience, a record of lawful | ||||||
4 | compliance with lawful orders of
the Department
and lack of | ||||||
5 | revocation of a license issued under this Act , or the | ||||||
6 | Nursing Home
Care Act , or the MR/DD Community Care Act
| ||||||
7 | during the previous 5 years;
| ||||||
8 | (2) that the establishment is under the supervision of | ||||||
9 | a full-time
director who is at least 21 years of age and | ||||||
10 | has a high school diploma or equivalent plus either: | ||||||
11 | (A) 2 years of management experience or 2 years of | ||||||
12 | experience in positions of progressive responsibility | ||||||
13 | in health care, housing with services, or adult day | ||||||
14 | care or providing similar services to the elderly; or | ||||||
15 | (B) 2 years of management experience or 2 years of | ||||||
16 | experience in positions of progressive responsibility | ||||||
17 | in hospitality and training in health care and housing | ||||||
18 | with services management as defined by rule;
| ||||||
19 | (3) that the establishment has staff sufficient in | ||||||
20 | number with
qualifications, adequate skills, education, | ||||||
21 | and experience to meet the 24 hour
scheduled and | ||||||
22 | unscheduled needs of residents and who participate in | ||||||
23 | ongoing
training to serve the resident population;
| ||||||
24 | (4) that all employees who are subject to the Health | ||||||
25 | Care Worker Background Check Act meet the requirements of | ||||||
26 | that Act;
|
| |||||||
| |||||||
1 | (5) that the applicant is in substantial compliance | ||||||
2 | with this Act and such
other requirements for a
license as | ||||||
3 | the Department by rule may establish under this Act;
| ||||||
4 | (6) that the applicant pays all required fees;
| ||||||
5 | (7) that the applicant has provided to the Department | ||||||
6 | an accurate
disclosure document in
accordance with the | ||||||
7 | Alzheimer's Special Care Disclosure Act and in
substantial | ||||||
8 | compliance with Section 150 of this Act.
| ||||||
9 | In addition to any other requirements set forth in this | ||||||
10 | Act, as a condition of licensure under this Act, the director | ||||||
11 | of an establishment must participate in at least 20 hours of | ||||||
12 | training every 2 years to assist him or her in better meeting | ||||||
13 | the needs of the residents of the establishment and managing
| ||||||
14 | the operation of the establishment.
| ||||||
15 | Any license issued by the Director shall state the physical | ||||||
16 | location of the
establishment, the date the license was issued, | ||||||
17 | and the expiration date. All
licenses shall be valid for one | ||||||
18 | year, except as provided in Sections 40 and 45. Each
license | ||||||
19 | shall be issued only for the premises and persons named in the
| ||||||
20 | application, and shall not be transferable or assignable.
| ||||||
21 | (Source: P.A. 95-79, eff. 8-13-07; 95-590, eff. 9-10-07; | ||||||
22 | 95-628, eff. 9-25-07; 95-876, eff. 8-21-08.)
| ||||||
23 | (210 ILCS 9/55)
| ||||||
24 | Sec. 55. Grounds for denial of a license.
An application | ||||||
25 | for a license may be denied for any of the following reasons:
|
| |||||||
| |||||||
1 | (1) failure to meet any of the standards set forth in | ||||||
2 | this Act or by rules
adopted by the Department under this | ||||||
3 | Act;
| ||||||
4 | (2) conviction of the applicant, or if the applicant is | ||||||
5 | a firm,
partnership,
or association, of any of
its members, | ||||||
6 | or if a corporation, the conviction of the corporation or | ||||||
7 | any of
its officers or
stockholders, or of the person | ||||||
8 | designated to manage or supervise the
establishment, of a
| ||||||
9 | felony or of 2 or more misdemeanors involving moral | ||||||
10 | turpitude during the
previous 5
years as shown by a | ||||||
11 | certified copy of the record of the court of conviction;
| ||||||
12 | (3) personnel insufficient in number or unqualified by | ||||||
13 | training or
experience to properly care for
the residents;
| ||||||
14 | (4) insufficient financial or other resources to | ||||||
15 | operate and conduct the
establishment in
accordance with | ||||||
16 | standards adopted by the Department under this Act;
| ||||||
17 | (5) revocation of a license during the previous 5
| ||||||
18 | years,
if such prior license
was issued to the individual | ||||||
19 | applicant, a controlling owner or controlling
combination | ||||||
20 | of
owners of the applicant; or any affiliate of the | ||||||
21 | individual applicant or
controlling owner of
the applicant | ||||||
22 | and such individual applicant, controlling owner of the | ||||||
23 | applicant
or affiliate of
the applicant was a controlling | ||||||
24 | owner of the prior license; provided, however,
that the | ||||||
25 | denial
of an application for a license pursuant to this | ||||||
26 | Section must be supported
by evidence that
the prior |
| |||||||
| |||||||
1 | revocation renders the applicant unqualified or incapable | ||||||
2 | of meeting
or
maintaining an establishment in accordance | ||||||
3 | with the standards and rules
adopted by the
Department | ||||||
4 | under this Act; or
| ||||||
5 | (6) the establishment is not under the direct | ||||||
6 | supervision of a full-time
director, as defined by
rule.
| ||||||
7 | The Department shall deny an application for a license if 6 | ||||||
8 | months after submitting its initial application the applicant | ||||||
9 | has not provided the Department with all of the information | ||||||
10 | required for review and approval or the applicant is not | ||||||
11 | actively pursuing the processing of its application. In | ||||||
12 | addition, the Department shall determine whether the applicant | ||||||
13 | has violated any provision of the Nursing Home Care Act or the | ||||||
14 | MR/DD Community Care Act .
| ||||||
15 | (Source: P.A. 93-1003, eff. 8-23-04.)
| ||||||
16 | (210 ILCS 9/75)
| ||||||
17 | Sec. 75. Residency Requirements.
| ||||||
18 | (a) No individual shall be accepted for residency or remain | ||||||
19 | in residence if
the
establishment cannot provide or secure | ||||||
20 | appropriate
services, if the individual
requires a level of | ||||||
21 | service or type of service for which the establishment is
not | ||||||
22 | licensed or
which the establishment does not provide, or if the | ||||||
23 | establishment does not have
the staff
appropriate in numbers | ||||||
24 | and with appropriate skill to provide such services.
| ||||||
25 | (b) Only adults may be accepted for residency.
|
| |||||||
| |||||||
1 | (c) A person shall not be accepted for residency if:
| ||||||
2 | (1) the person poses a serious threat to himself or | ||||||
3 | herself or to others;
| ||||||
4 | (2) the person is not able to communicate his or her | ||||||
5 | needs and no
resident representative
residing in the | ||||||
6 | establishment, and with a prior relationship to the person,
| ||||||
7 | has been appointed to direct the provision of
services;
| ||||||
8 | (3) the person requires total assistance with 2 or more | ||||||
9 | activities of
daily
living;
| ||||||
10 | (4) the person requires the assistance of more than one | ||||||
11 | paid caregiver at
any given time
with an activity of daily | ||||||
12 | living;
| ||||||
13 | (5) the person requires more than minimal assistance in | ||||||
14 | moving to a safe
area in an
emergency;
| ||||||
15 | (6) the person has a severe mental illness, which for | ||||||
16 | the purposes of
this Section
means a condition that is | ||||||
17 | characterized by the presence of a major mental
disorder
as | ||||||
18 | classified in the Diagnostic and Statistical Manual of | ||||||
19 | Mental Disorders,
Fourth
Edition (DSM-IV) (American | ||||||
20 | Psychiatric Association, 1994), where the individual
is | ||||||
21 | substantially disabled due to mental illness in the areas | ||||||
22 | of
self-maintenance,
social functioning, activities of | ||||||
23 | community living and work skills, and the
disability
| ||||||
24 | specified is expected to be present for a period of not | ||||||
25 | less than one year, but
does not
mean Alzheimer's disease | ||||||
26 | and other forms of dementia based on organic or
physical |
| |||||||
| |||||||
1 | disorders;
| ||||||
2 | (7) the person requires intravenous therapy or | ||||||
3 | intravenous feedings
unless self-administered or | ||||||
4 | administered by a qualified, licensed health care
| ||||||
5 | professional;
| ||||||
6 | (8) the person requires gastrostomy feedings unless | ||||||
7 | self-administered or
administered
by a licensed health | ||||||
8 | care professional;
| ||||||
9 | (9) the person requires insertion, sterile irrigation, | ||||||
10 | and replacement of
catheter, except
for routine | ||||||
11 | maintenance of urinary catheters, unless the catheter care | ||||||
12 | is
self-administered or administered by a licensed health | ||||||
13 | care professional;
| ||||||
14 | (10) the person requires sterile wound care unless care | ||||||
15 | is
self-administered or
administered by a licensed health | ||||||
16 | care professional;
| ||||||
17 | (11) the person requires sliding scale insulin | ||||||
18 | administration unless
self-performed or
administered by a | ||||||
19 | licensed health care professional;
| ||||||
20 | (12) the person is a diabetic requiring routine insulin | ||||||
21 | injections unless
the injections
are self-administered or | ||||||
22 | administered by a licensed health care professional;
| ||||||
23 | (13) the person requires treatment of stage 3 or stage | ||||||
24 | 4 decubitus ulcers
or exfoliative
dermatitis;
| ||||||
25 | (14) the person requires 5 or more skilled nursing | ||||||
26 | visits per week for
conditions other
than those listed in |
| |||||||
| |||||||
1 | items (13) and (15) of this subsection for a
period of 3
| ||||||
2 | consecutive weeks or more except when the course of | ||||||
3 | treatment is expected to
extend beyond a 3 week period for | ||||||
4 | rehabilitative purposes and is certified as
temporary by a | ||||||
5 | physician; or
| ||||||
6 | (15) other reasons prescribed by the Department by | ||||||
7 | rule.
| ||||||
8 | (d) A resident with a condition listed in items (1) through | ||||||
9 | (15) of
subsection (c) shall have
his or her residency | ||||||
10 | terminated.
| ||||||
11 | (e) Residency shall be terminated when services available | ||||||
12 | to the resident
in
the establishment
are no longer adequate to | ||||||
13 | meet the needs of the resident. This provision shall
not
be | ||||||
14 | interpreted as
limiting the authority of the Department to | ||||||
15 | require the residency termination
of individuals.
| ||||||
16 | (f) Subsection (d) of this Section shall not apply to
| ||||||
17 | terminally
ill residents who
receive or would qualify for | ||||||
18 | hospice care and such care is coordinated by
a hospice program | ||||||
19 | licensed
under the Hospice
Program
Licensing Act or other | ||||||
20 | licensed health care professional employed by a
licensed home | ||||||
21 | health
agency and the establishment and all parties agree to | ||||||
22 | the continued residency.
| ||||||
23 | (g) Items (3), (4), (5), and (9) of subsection (c) shall | ||||||
24 | not apply to
a quadriplegic, paraplegic, or
individual with | ||||||
25 | neuro-muscular diseases, such as muscular dystrophy and
| ||||||
26 | multiple
sclerosis, or other chronic diseases and conditions as |
| |||||||
| |||||||
1 | defined by rule if the
individual is able
to communicate his or | ||||||
2 | her needs and does not require assistance with complex
medical
| ||||||
3 | problems, and the establishment is able to accommodate the | ||||||
4 | individual's needs.
The Department shall prescribe rules | ||||||
5 | pursuant to this Section that address
special safety and | ||||||
6 | service needs of these individuals.
| ||||||
7 | (h) For the purposes of items (7) through (10) of | ||||||
8 | subsection (c), a
licensed health care professional may not
be | ||||||
9 | employed by the owner or operator of the establishment, its | ||||||
10 | parent entity,
or any other entity with ownership common to | ||||||
11 | either the owner or operator of
the establishment or parent | ||||||
12 | entity, including but not limited to an affiliate
of the owner | ||||||
13 | or operator of the establishment. Nothing in this Section is
| ||||||
14 | meant to limit a resident's right to
choose his or her health | ||||||
15 | care provider.
| ||||||
16 | (i) Subsection (h) is not applicable to residents admitted | ||||||
17 | to an assisted living establishment under a life care contract | ||||||
18 | as defined in the Life Care Facilities Act if the life care | ||||||
19 | facility has both an assisted living establishment and a | ||||||
20 | skilled nursing facility. A licensed health care professional | ||||||
21 | providing health-related or supportive services at a life care | ||||||
22 | assisted living or shared housing establishment must be | ||||||
23 | employed by an entity licensed by the Department under the | ||||||
24 | Nursing Home Care Act , the MR/DD Community Care Act, or the | ||||||
25 | Home Health, Home Services, and Home Nursing Agency Licensing | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-256, eff. 7-19-05; 94-570, eff. 8-12-05; | ||||||
2 | 95-216, eff. 8-16-07; 95-331, eff. 8-21-07.)
| ||||||
3 | Section 90-85. The Abuse Prevention Review Team Act is | ||||||
4 | amended by changing Sections 10 and 50 as follows:
| ||||||
5 | (210 ILCS 28/10)
| ||||||
6 | Sec. 10. Definitions. As used in this Act, unless the | ||||||
7 | context requires
otherwise:
| ||||||
8 | "Department" means the Department of Public Health.
| ||||||
9 | "Director" means the Director of Public Health.
| ||||||
10 | "Executive Council" means the Illinois Residential Health | ||||||
11 | Care Facility
Resident Sexual
Assault and Death Review Teams | ||||||
12 | Executive Council.
| ||||||
13 | "Resident" means a person residing in and receiving | ||||||
14 | personal care from a
facility licensed under the Nursing Home | ||||||
15 | Care Act or the MR/DD Community Care Act .
| ||||||
16 | "Review team" means a residential health care facility | ||||||
17 | resident sexual
assault and death review
team appointed under | ||||||
18 | this Act.
| ||||||
19 | (Source: P.A. 93-577, eff. 8-21-03 .)
| ||||||
20 | (210 ILCS 28/50) | ||||||
21 | Sec. 50. Funding. Notwithstanding any other provision of | ||||||
22 | law, to the extent permitted by federal law, the Department | ||||||
23 | shall use moneys from fines paid by facilities licensed under |
| |||||||
| |||||||
1 | the Nursing Home Care Act or the MR/DD Community Care Act for | ||||||
2 | violating requirements for certification under Titles XVIII | ||||||
3 | and XIX of the Social Security Act to implement the provisions | ||||||
4 | of this Act. The Department shall use moneys deposited in the | ||||||
5 | Long Term Care Monitor/Receiver Fund to pay the costs of | ||||||
6 | implementing this Act that cannot be met by the use of federal | ||||||
7 | civil monetary penalties.
| ||||||
8 | (Source: P.A. 94-931, eff. 6-26-06.) | ||||||
9 | Section 90-90. The Abused and Neglected Long Term Care | ||||||
10 | Facility Residents Reporting
Act is amended by changing | ||||||
11 | Sections 3, 4, and 6 as follows:
| ||||||
12 | (210 ILCS 30/3) (from Ch. 111 1/2, par. 4163)
| ||||||
13 | Sec. 3. As used in this Act unless the context otherwise | ||||||
14 | requires:
| ||||||
15 | a. "Department" means the Department of Public Health of | ||||||
16 | the State of
Illinois.
| ||||||
17 | b. "Resident" means a person residing in and receiving | ||||||
18 | personal care from
a long term care facility, or residing in a | ||||||
19 | mental health facility or
developmental disability facility as | ||||||
20 | defined in the Mental Health and
Developmental Disabilities | ||||||
21 | Code.
| ||||||
22 | c. "Long term care facility" has the same meaning ascribed | ||||||
23 | to such term
in the Nursing Home Care Act, except that the term | ||||||
24 | as
used in this Act shall include any mental health facility or
|
| |||||||
| |||||||
1 | developmental disability facility as defined in the Mental | ||||||
2 | Health and
Developmental Disabilities Code. The term also | ||||||
3 | includes any facility licensed under the MR/DD Community Care | ||||||
4 | Act.
| ||||||
5 | d. "Abuse" means any physical injury, sexual abuse or | ||||||
6 | mental injury
inflicted on a resident other than by accidental | ||||||
7 | means.
| ||||||
8 | e. "Neglect" means a failure in a long term care facility | ||||||
9 | to provide
adequate medical or personal care or maintenance, | ||||||
10 | which failure results in
physical or mental injury to a | ||||||
11 | resident or in the deterioration of a
resident's physical or | ||||||
12 | mental condition.
| ||||||
13 | f. "Protective services" means services provided to a | ||||||
14 | resident who has
been abused or neglected, which may include, | ||||||
15 | but are not limited to alternative
temporary institutional | ||||||
16 | placement, nursing care, counseling, other social
services | ||||||
17 | provided at the nursing home where the resident resides or at | ||||||
18 | some
other facility, personal care and such protective services | ||||||
19 | of voluntary
agencies as are available.
| ||||||
20 | g. Unless the context otherwise requires, direct or | ||||||
21 | indirect references in
this Act to the programs, personnel, | ||||||
22 | facilities, services, service providers,
or service recipients | ||||||
23 | of the Department of Human Services shall be construed to
refer | ||||||
24 | only to those programs, personnel, facilities, services, | ||||||
25 | service
providers, or service recipients that pertain to the | ||||||
26 | Department of Human
Services' mental health and developmental |
| |||||||
| |||||||
1 | disabilities functions.
| ||||||
2 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
3 | (210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
| ||||||
4 | Sec. 4. Any long term care facility administrator, agent or | ||||||
5 | employee
or any physician, hospital, surgeon, dentist, | ||||||
6 | osteopath, chiropractor,
podiatrist, accredited religious | ||||||
7 | practitioner who provides treatment by spiritual means alone | ||||||
8 | through prayer in accordance with the tenets and practices of | ||||||
9 | the accrediting church, coroner, social worker, social
| ||||||
10 | services administrator, registered nurse, law enforcement | ||||||
11 | officer, field
personnel of the Department of Healthcare and | ||||||
12 | Family Services, field personnel of the
Illinois Department of | ||||||
13 | Public Health and County or Municipal Health
Departments, | ||||||
14 | personnel of the Department of Human Services (acting as the
| ||||||
15 | successor to the Department of Mental Health and Developmental | ||||||
16 | Disabilities
or the Department of Public Aid),
personnel of the | ||||||
17 | Guardianship and Advocacy Commission, personnel of the
State | ||||||
18 | Fire Marshal, local fire department inspectors or other | ||||||
19 | personnel,
or personnel of the Illinois
Department on Aging, or | ||||||
20 | its subsidiary Agencies on Aging, or employee of a
facility | ||||||
21 | licensed under the Assisted Living and Shared Housing
Act, | ||||||
22 | having reasonable
cause to believe any
resident with whom they | ||||||
23 | have direct contact has been subjected to abuse
or neglect | ||||||
24 | shall immediately report or cause a report
to be made
to the | ||||||
25 | Department.
Persons required to make reports or cause reports |
| |||||||
| |||||||
1 | to
be made under this Section include all employees of the | ||||||
2 | State of Illinois
who are involved in providing services to | ||||||
3 | residents, including
professionals providing medical or | ||||||
4 | rehabilitation services and all other
persons having direct | ||||||
5 | contact with residents; and further include all
employees of | ||||||
6 | community service agencies who provide services to a resident
| ||||||
7 | of a public or private long term care facility outside of that | ||||||
8 | facility.
Any long term care surveyor of the Illinois | ||||||
9 | Department of Public Health
who has reasonable cause to believe | ||||||
10 | in the course of a survey that a
resident has been abused or | ||||||
11 | neglected and initiates an investigation while
on site at the | ||||||
12 | facility shall be exempt from making a report under this
| ||||||
13 | Section but the results of any such investigation shall be | ||||||
14 | forwarded to
the central register in a manner and form | ||||||
15 | described by the Department.
| ||||||
16 | The requirement of this Act shall not relieve any long term | ||||||
17 | care
facility administrator, agent or employee of | ||||||
18 | responsibility to report the
abuse or neglect of a resident | ||||||
19 | under Section 3-610 of the Nursing Home
Care Act or under | ||||||
20 | Section 3-610 of the MR/DD Community Care Act .
| ||||||
21 | In addition to the above persons required to report | ||||||
22 | suspected resident
abuse and neglect, any other person may make | ||||||
23 | a report to the Department,
or to any law enforcement officer, | ||||||
24 | if such person has reasonable cause to
suspect a resident has | ||||||
25 | been abused or neglected.
| ||||||
26 | This Section also applies to residents whose death occurs |
| |||||||
| |||||||
1 | from suspected
abuse or neglect before being found or brought | ||||||
2 | to a hospital.
| ||||||
3 | A person required to make reports or cause reports to be | ||||||
4 | made under
this Section who fails to comply with the | ||||||
5 | requirements of this Section is
guilty of a Class A | ||||||
6 | misdemeanor.
| ||||||
7 | (Source: P.A. 94-853, eff. 6-13-06.)
| ||||||
8 | (210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
| ||||||
9 | Sec. 6. All reports of suspected abuse or neglect made | ||||||
10 | under this Act
shall be made immediately by telephone to the | ||||||
11 | Department's central register
established under Section 14 on | ||||||
12 | the single, State-wide, toll-free telephone
number established | ||||||
13 | under Section 13, or in person or by telephone through
the | ||||||
14 | nearest Department office. No long term care facility | ||||||
15 | administrator,
agent or employee, or any other person, shall | ||||||
16 | screen reports or otherwise
withhold any reports from the | ||||||
17 | Department, and no long term care facility,
department of State | ||||||
18 | government, or other agency shall establish any rules,
| ||||||
19 | criteria, standards or guidelines to the contrary. Every long | ||||||
20 | term care
facility, department of State government and other | ||||||
21 | agency whose employees
are required to make or cause to be made | ||||||
22 | reports under Section 4 shall
notify its employees of the | ||||||
23 | provisions of that Section and of this Section,
and provide to | ||||||
24 | the Department documentation that such notification has been
| ||||||
25 | given. The Department of Human Services shall train all of its |
| |||||||
| |||||||
1 | mental health and developmental
disabilities employees in the | ||||||
2 | detection and reporting of suspected
abuse and neglect of | ||||||
3 | residents. Reports made to the central register
through the | ||||||
4 | State-wide, toll-free telephone number shall be transmitted to
| ||||||
5 | appropriate Department offices and municipal health | ||||||
6 | departments that have
responsibility for licensing long term | ||||||
7 | care facilities under the Nursing
Home Care Act or the MR/DD | ||||||
8 | Community Care Act . All reports received through offices of the | ||||||
9 | Department
shall be forwarded to the central register, in a | ||||||
10 | manner and form described
by the Department. The Department | ||||||
11 | shall be capable of receiving reports of
suspected abuse and | ||||||
12 | neglect 24 hours a day, 7 days a week. Reports shall
also be | ||||||
13 | made in writing deposited in the U.S. mail, postage prepaid, | ||||||
14 | within
24 hours after having reasonable cause to believe that | ||||||
15 | the condition of the
resident resulted from abuse or neglect. | ||||||
16 | Such reports may in addition be
made to the local law | ||||||
17 | enforcement agency in the same manner. However, in
the event a | ||||||
18 | report is made to the local law enforcement agency, the
| ||||||
19 | reporter also shall immediately so inform the Department. The | ||||||
20 | Department
shall initiate an investigation of each report of | ||||||
21 | resident abuse and
neglect under this Act, whether oral or | ||||||
22 | written, as provided for in Section
3-702 of the Nursing Home | ||||||
23 | Care Act or Section 3-702 of the MR/DD Community Care Act , | ||||||
24 | except that reports of abuse which
indicate that a resident's | ||||||
25 | life or safety is in imminent danger shall be
investigated | ||||||
26 | within 24 hours of such report. The Department may delegate to
|
| |||||||
| |||||||
1 | law enforcement officials or other public agencies the duty to | ||||||
2 | perform such
investigation.
| ||||||
3 | With respect to investigations of reports of suspected | ||||||
4 | abuse or neglect
of residents of mental health and | ||||||
5 | developmental disabilities institutions
under the jurisdiction | ||||||
6 | of the Department of
Human Services, the
Department shall | ||||||
7 | transmit
copies of such reports to the Department of State | ||||||
8 | Police, the Department of
Human Services, and the
Inspector | ||||||
9 | General
appointed under Section 1-17 of the Department of Human | ||||||
10 | Services Act. If the Department receives a report
of suspected | ||||||
11 | abuse or neglect of a recipient of services as defined in | ||||||
12 | Section
1-123 of the Mental Health and Developmental | ||||||
13 | Disabilities Code, the
Department shall transmit copies of such | ||||||
14 | report to the Inspector General
and the Directors of the | ||||||
15 | Guardianship and Advocacy Commission and the
agency designated | ||||||
16 | by the Governor pursuant to the Protection and Advocacy
for | ||||||
17 | Developmentally Disabled Persons Act. When requested by the | ||||||
18 | Director
of the Guardianship and Advocacy Commission, the | ||||||
19 | agency designated by the
Governor pursuant to the Protection | ||||||
20 | and Advocacy for Developmentally
Disabled Persons Act, or the | ||||||
21 | Department of Financial and Professional Regulation, the | ||||||
22 | Department, the Department of Human Services and the Department | ||||||
23 | of State Police shall make
available a copy of the final | ||||||
24 | investigative report regarding investigations
conducted by | ||||||
25 | their respective agencies on incidents of suspected abuse or
| ||||||
26 | neglect of residents of mental health and developmental |
| |||||||
| |||||||
1 | disabilities
institutions or individuals receiving services at | ||||||
2 | community agencies under the jurisdiction of the Department of | ||||||
3 | Human Services. Such final investigative
report shall not | ||||||
4 | contain witness statements, investigation notes, draft
| ||||||
5 | summaries, results of lie detector tests, investigative files | ||||||
6 | or other raw data
which was used to compile the final | ||||||
7 | investigative report. Specifically, the
final investigative | ||||||
8 | report of the Department of State Police shall mean the
| ||||||
9 | Director's final transmittal letter. The Department of Human | ||||||
10 | Services shall also make available a
copy of the results of | ||||||
11 | disciplinary proceedings of employees involved in
incidents of | ||||||
12 | abuse or neglect to the Directors. All identifiable
information | ||||||
13 | in reports provided shall not be further disclosed except as
| ||||||
14 | provided by the Mental Health and Developmental Disabilities
| ||||||
15 | Confidentiality Act. Nothing in this Section is intended to | ||||||
16 | limit or
construe the power or authority granted to the agency | ||||||
17 | designated by the
Governor pursuant to the Protection and | ||||||
18 | Advocacy for Developmentally
Disabled Persons Act, pursuant to | ||||||
19 | any other State or federal statute.
| ||||||
20 | With respect to investigations of reported resident abuse | ||||||
21 | or neglect, the
Department shall effect with appropriate law | ||||||
22 | enforcement agencies formal
agreements concerning methods and | ||||||
23 | procedures for the conduct of investigations
into the criminal | ||||||
24 | histories of any administrator, staff assistant or employee
of | ||||||
25 | the nursing home or other person responsible for the residents | ||||||
26 | care,
as well as for other residents in the nursing home who |
| |||||||
| |||||||
1 | may be in a position
to abuse, neglect or exploit the patient. | ||||||
2 | Pursuant to the formal agreements
entered into with appropriate | ||||||
3 | law enforcement agencies, the Department may
request | ||||||
4 | information with respect to whether the person or persons set | ||||||
5 | forth
in this paragraph have ever been charged with a crime and | ||||||
6 | if so, the
disposition of those charges. Unless the criminal | ||||||
7 | histories of the
subjects involved crimes of violence or | ||||||
8 | resident abuse or neglect, the
Department shall be entitled | ||||||
9 | only to information limited in scope to
charges and their | ||||||
10 | dispositions. In cases where prior crimes of violence or
| ||||||
11 | resident abuse or neglect are involved, a more detailed report | ||||||
12 | can be made
available to authorized representatives of the | ||||||
13 | Department, pursuant to the
agreements entered into with | ||||||
14 | appropriate law enforcement agencies. Any
criminal charges and | ||||||
15 | their disposition information obtained by the
Department shall | ||||||
16 | be confidential and may not be transmitted outside the
| ||||||
17 | Department, except as required herein, to authorized | ||||||
18 | representatives or
delegates of the Department, and may not be | ||||||
19 | transmitted to anyone within
the Department who is not duly | ||||||
20 | authorized to handle resident abuse or
neglect investigations.
| ||||||
21 | The Department shall effect formal agreements with | ||||||
22 | appropriate law
enforcement agencies in the various counties | ||||||
23 | and communities to encourage
cooperation and coordination in | ||||||
24 | the handling of resident abuse or neglect
cases pursuant to | ||||||
25 | this Act. The Department shall adopt and implement
methods and | ||||||
26 | procedures to promote statewide uniformity in the handling of
|
| |||||||
| |||||||
1 | reports of abuse and neglect under this Act, and those methods | ||||||
2 | and
procedures shall be adhered to by personnel of the | ||||||
3 | Department involved in
such investigations and reporting. The | ||||||
4 | Department shall also make
information required by this Act | ||||||
5 | available to authorized personnel within
the Department, as | ||||||
6 | well as its authorized representatives.
| ||||||
7 | The Department shall keep a continuing record of all | ||||||
8 | reports made
pursuant to this Act, including indications of the | ||||||
9 | final determination of
any investigation and the final | ||||||
10 | disposition of all reports.
| ||||||
11 | The Department shall report annually to the General | ||||||
12 | Assembly on the
incidence of abuse and neglect of long term | ||||||
13 | care facility residents, with
special attention to residents | ||||||
14 | who are mentally disabled. The report shall
include but not be | ||||||
15 | limited to data on the number and source of reports of
| ||||||
16 | suspected abuse or neglect filed under this Act, the nature of | ||||||
17 | any injuries
to residents, the final determination of | ||||||
18 | investigations, the type and
number of cases where abuse or | ||||||
19 | neglect is determined to exist, and the
final disposition of | ||||||
20 | cases.
| ||||||
21 | (Source: P.A. 94-852, eff. 6-13-06; 95-545, eff. 8-28-07.)
| ||||||
22 | Section 90-95. The Nursing Home Care Act is amended by | ||||||
23 | changing Sections 1-113, 3-202.5, and 3-206 as follows:
| ||||||
24 | (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
|
| |||||||
| |||||||
1 | Sec. 1-113. "Facility" or "long-term care facility" means a | ||||||
2 | private home,
institution, building, residence, or any other | ||||||
3 | place, whether operated for
profit or not, or a county home for | ||||||
4 | the infirm and chronically ill operated
pursuant to Division | ||||||
5 | 5-21 or 5-22 of the Counties Code, or any similar
institution | ||||||
6 | operated by a political subdivision of the State of Illinois, | ||||||
7 | which
provides, through its ownership or management, personal | ||||||
8 | care, sheltered care or
nursing for 3 or more persons, not | ||||||
9 | related to the applicant or owner by blood
or marriage. It | ||||||
10 | includes skilled nursing facilities as that term is and | ||||||
11 | intermediate care
facilities as those terms are defined in | ||||||
12 | Title XVIII and Title XIX of the
Federal Social Security Act.
| ||||||
13 | It also includes homes, institutions, or
other places operated | ||||||
14 | by or under the authority of the Illinois Department of
| ||||||
15 | Veterans' Affairs.
| ||||||
16 | "Facility" does not include the following:
| ||||||
17 | (1) A home, institution, or other place operated by the | ||||||
18 | federal government
or agency thereof, or by the State of | ||||||
19 | Illinois, other than homes,
institutions, or other places | ||||||
20 | operated by or under the authority of the
Illinois | ||||||
21 | Department of Veterans' Affairs;
| ||||||
22 | (2) A hospital, sanitarium, or other institution whose | ||||||
23 | principal activity
or business is the diagnosis, care, and | ||||||
24 | treatment of human illness through
the maintenance and | ||||||
25 | operation as organized facilities therefor, which is
| ||||||
26 | required to be licensed under the Hospital Licensing Act;
|
| |||||||
| |||||||
1 | (3) Any "facility for child care" as defined in the | ||||||
2 | Child Care Act of
1969;
| ||||||
3 | (4) Any "Community Living Facility" as defined in the | ||||||
4 | Community Living
Facilities Licensing Act;
| ||||||
5 | (5) Any "community residential alternative" as defined
| ||||||
6 | in the Community Residential Alternatives Licensing Act;
| ||||||
7 | (6) Any nursing home or sanatorium operated solely by | ||||||
8 | and for persons
who rely exclusively upon treatment by | ||||||
9 | spiritual means through prayer, in
accordance with the | ||||||
10 | creed or tenets of any well-recognized church or
religious | ||||||
11 | denomination. However, such nursing home or sanatorium | ||||||
12 | shall
comply with all local laws and rules relating to | ||||||
13 | sanitation and safety;
| ||||||
14 | (7) Any facility licensed by the Department of Human | ||||||
15 | Services as a
community-integrated living arrangement as
| ||||||
16 | defined in the Community-Integrated Living Arrangements | ||||||
17 | Licensure and
Certification Act;
| ||||||
18 | (8) Any "Supportive Residence" licensed under the | ||||||
19 | Supportive
Residences Licensing Act;
| ||||||
20 | (9) Any "supportive living facility" in good standing | ||||||
21 | with the program established under Section 5-5.01a of the | ||||||
22 | Illinois Public Aid Code, except only for purposes of the | ||||||
23 | employment of persons in accordance with Section 3-206.01;
| ||||||
24 | (10) Any assisted living or shared housing | ||||||
25 | establishment licensed under
the Assisted Living and | ||||||
26 | Shared Housing Act, except only for purposes of the |
| |||||||
| |||||||
1 | employment of persons in accordance with Section 3-206.01; | ||||||
2 | or
| ||||||
3 | (11) An Alzheimer's disease management center | ||||||
4 | alternative health care
model licensed under the | ||||||
5 | Alternative Health Care Delivery Act ; or .
| ||||||
6 | (12) An intermediate care facility for the | ||||||
7 | developmentally disabled or long-term care for under age 22 | ||||||
8 | facility licensed under the MR/DD Community Care Act. | ||||||
9 | (Source: P.A. 94-342, eff. 7-26-05; 95-380, eff. 8-23-07.)
| ||||||
10 | (210 ILCS 45/3-202.5)
| ||||||
11 | Sec. 3-202.5. Facility plan review; fees.
| ||||||
12 | (a) Before commencing construction of a new facility or | ||||||
13 | specified types of
alteration or additions to an existing long | ||||||
14 | term care facility involving
major construction, as defined by | ||||||
15 | rule by the Department, with an
estimated cost greater than | ||||||
16 | $100,000, architectural
drawings and specifications for the | ||||||
17 | facility shall be submitted to the
Department for review and | ||||||
18 | approval.
A facility may submit architectural drawings and | ||||||
19 | specifications for other
construction projects for Department | ||||||
20 | review according to subsection (b) that
shall not be subject to | ||||||
21 | fees under subsection (d).
Review of drawings and | ||||||
22 | specifications shall be conducted by an employee of the
| ||||||
23 | Department meeting the qualifications established by the | ||||||
24 | Department of Central
Management Services class specifications | ||||||
25 | for such an individual's position or
by a person contracting |
| |||||||
| |||||||
1 | with the Department who meets those class
specifications. Final | ||||||
2 | approval of the drawings and specifications for
compliance with | ||||||
3 | design and construction standards shall be obtained from the
| ||||||
4 | Department before the alteration, addition, or new | ||||||
5 | construction is begun.
| ||||||
6 | (b) The Department shall inform an applicant in writing | ||||||
7 | within 10 working
days after receiving drawings and | ||||||
8 | specifications and the required fee, if any,
from the applicant | ||||||
9 | whether the applicant's submission is complete or
incomplete. | ||||||
10 | Failure to provide the applicant with this notice within 10
| ||||||
11 | working days shall result in the submission being deemed | ||||||
12 | complete for purposes
of initiating the 60-day review period | ||||||
13 | under this Section. If the submission
is incomplete, the | ||||||
14 | Department shall inform the applicant of the deficiencies
with | ||||||
15 | the submission in writing. If the submission is complete the | ||||||
16 | required
fee, if any, has been paid,
the Department shall | ||||||
17 | approve or disapprove drawings and specifications
submitted to | ||||||
18 | the Department no later than 60 days following receipt by the
| ||||||
19 | Department. The drawings and specifications shall be of | ||||||
20 | sufficient detail, as
provided by Department rule, to
enable | ||||||
21 | the Department to
render a determination of compliance with | ||||||
22 | design and construction standards
under this Act.
If the | ||||||
23 | Department finds that the drawings are not of sufficient detail | ||||||
24 | for it
to render a determination of compliance, the plans shall | ||||||
25 | be determined to be
incomplete and shall not be considered for | ||||||
26 | purposes of initiating the 60 day
review period.
If a |
| |||||||
| |||||||
1 | submission of drawings and specifications is incomplete, the | ||||||
2 | applicant
may submit additional information. The 60-day review | ||||||
3 | period shall not commence
until the Department determines that | ||||||
4 | a submission of drawings and
specifications is complete or the | ||||||
5 | submission is deemed complete.
If the Department has not | ||||||
6 | approved or disapproved the
drawings and specifications within | ||||||
7 | 60 days, the construction, major alteration,
or addition shall | ||||||
8 | be deemed approved. If the drawings and specifications are
| ||||||
9 | disapproved, the Department shall state in writing, with | ||||||
10 | specificity, the
reasons for the disapproval. The entity | ||||||
11 | submitting the drawings and
specifications may submit | ||||||
12 | additional information in response to the written
comments from | ||||||
13 | the Department or request a reconsideration of the disapproval.
| ||||||
14 | A final decision of approval or disapproval shall be made | ||||||
15 | within 45 days of the
receipt of the additional information or | ||||||
16 | reconsideration request. If denied,
the Department shall state | ||||||
17 | the specific reasons for the denial.
| ||||||
18 | (c) The Department shall provide written approval for | ||||||
19 | occupancy pursuant
to subsection (g) and shall not issue a | ||||||
20 | violation to a facility as a result
of
a licensure or complaint | ||||||
21 | survey based upon the facility's physical structure
if:
| ||||||
22 | (1) the Department reviewed and approved or deemed | ||||||
23 | approved the drawings
and specifications
for compliance | ||||||
24 | with design and construction standards;
| ||||||
25 | (2) the construction, major alteration, or addition | ||||||
26 | was built as
submitted;
|
| |||||||
| |||||||
1 | (3) the law or rules have not been amended since the | ||||||
2 | original approval;
and
| ||||||
3 | (4) the conditions at the facility indicate that there | ||||||
4 | is a reasonable
degree of safety provided for the | ||||||
5 | residents.
| ||||||
6 | (d) The Department shall charge the following fees in | ||||||
7 | connection with its
reviews conducted before June 30, 2004 | ||||||
8 | under this Section:
| ||||||
9 | (1) (Blank).
| ||||||
10 | (2) (Blank).
| ||||||
11 | (3) If the estimated dollar value of the alteration, | ||||||
12 | addition, or new
construction is $100,000 or more but less | ||||||
13 | than $500,000, the fee shall be the
greater of $2,400 or | ||||||
14 | 1.2% of that value.
| ||||||
15 | (4) If the estimated dollar value of the alteration, | ||||||
16 | addition, or new
construction is $500,000 or more but less | ||||||
17 | than $1,000,000, the fee shall be the
greater of $6,000 or | ||||||
18 | 0.96% of that value.
| ||||||
19 | (5) If the estimated dollar value of the alteration, | ||||||
20 | addition, or new
construction is $1,000,000 or more but | ||||||
21 | less than $5,000,000, the fee shall be
the greater of | ||||||
22 | $9,600 or 0.22% of that value.
| ||||||
23 | (6) If the estimated dollar value of the alteration, | ||||||
24 | addition, or new
construction is $5,000,000 or more, the | ||||||
25 | fee shall be
the greater of $11,000 or 0.11% of that value, | ||||||
26 | but shall not exceed $40,000.
|
| |||||||
| |||||||
1 | The fees provided in this subsection (d) shall not apply to | ||||||
2 | major
construction projects involving facility changes that | ||||||
3 | are required by
Department rule amendments.
| ||||||
4 | The fees provided in this subsection (d) shall also not | ||||||
5 | apply to major
construction projects if 51% or more of the | ||||||
6 | estimated cost of the project is
attributed to capital | ||||||
7 | equipment. For major construction projects where 51% or
more of | ||||||
8 | the estimated cost of the project is attributed to capital | ||||||
9 | equipment,
the Department shall by rule establish a fee that is | ||||||
10 | reasonably related to the
cost of reviewing the project.
| ||||||
11 | The Department shall not commence the facility plan review | ||||||
12 | process under this
Section until
the applicable fee has been | ||||||
13 | paid.
| ||||||
14 | (e) All fees received by the Department under this Section | ||||||
15 | shall be
deposited into the Health Facility Plan Review Fund, a | ||||||
16 | special fund created in
the State Treasury.
All fees paid by | ||||||
17 | long-term care facilities under subsection (d) shall be used
| ||||||
18 | only to cover the costs relating to the Department's review of | ||||||
19 | long-term care
facility projects under this Section.
Moneys | ||||||
20 | shall be appropriated from that Fund to the
Department only to | ||||||
21 | pay the costs of conducting reviews under this Section or under | ||||||
22 | Section 3-202.5 of the MR/DD Community Care Act .
None of the | ||||||
23 | moneys in the Health Facility Plan Review Fund shall be used to
| ||||||
24 | reduce the amount of General Revenue Fund moneys appropriated | ||||||
25 | to the Department
for facility plan reviews conducted pursuant | ||||||
26 | to this Section.
|
| |||||||
| |||||||
1 | (f) (1) The provisions of this amendatory Act of 1997 | ||||||
2 | concerning drawings
and specifications shall apply only to | ||||||
3 | drawings and specifications submitted to
the Department on | ||||||
4 | or after October 1, 1997.
| ||||||
5 | (2) On and after the effective date of this amendatory | ||||||
6 | Act of 1997 and
before October 1, 1997, an applicant may | ||||||
7 | submit or resubmit drawings and
specifications to the | ||||||
8 | Department and pay the fees provided in subsection (d).
If | ||||||
9 | an applicant pays the fees provided in subsection (d) under | ||||||
10 | this paragraph
(2), the provisions of subsection (b) shall | ||||||
11 | apply with regard to those drawings
and specifications.
| ||||||
12 | (g) The Department shall conduct an on-site inspection of | ||||||
13 | the completed
project no later than 30 days after notification | ||||||
14 | from the applicant that the
project has been completed and all | ||||||
15 | certifications required by the Department
have been received | ||||||
16 | and accepted by the Department. The Department shall
provide | ||||||
17 | written approval for occupancy to the applicant within 5 | ||||||
18 | working days
of the Department's final inspection, provided the | ||||||
19 | applicant has demonstrated
substantial compliance as defined | ||||||
20 | by Department rule.
Occupancy of new major construction is
| ||||||
21 | prohibited until Department approval is received, unless the | ||||||
22 | Department has
not acted within the time frames provided in | ||||||
23 | this subsection (g), in which case
the construction shall be | ||||||
24 | deemed approved. Occupancy shall be authorized after any | ||||||
25 | required health inspection by the Department has been
| ||||||
26 | conducted.
|
| |||||||
| |||||||
1 | (h) The Department shall establish, by rule, a procedure to | ||||||
2 | conduct interim
on-site review of large or complex construction | ||||||
3 | projects.
| ||||||
4 | (i) The Department shall establish, by rule, an expedited | ||||||
5 | process for
emergency repairs or replacement of like equipment.
| ||||||
6 | (j) Nothing in this Section shall be construed to apply to | ||||||
7 | maintenance,
upkeep, or renovation that does not affect the | ||||||
8 | structural integrity of the
building, does not add beds or | ||||||
9 | services over the number for which the
long-term care facility | ||||||
10 | is licensed, and provides a reasonable degree of safety
for the | ||||||
11 | residents.
| ||||||
12 | (Source: P.A. 90-327, eff. 8-8-97; 90-600, eff. 6-25-98; | ||||||
13 | 91-712, eff. 7-1-00.)
| ||||||
14 | (210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
| ||||||
15 | Sec. 3-206. The Department shall prescribe a curriculum for | ||||||
16 | training
nursing assistants, habilitation aides, and child | ||||||
17 | care aides.
| ||||||
18 | (a) No person, except a volunteer who receives no | ||||||
19 | compensation from a
facility and is not included for the | ||||||
20 | purpose of meeting any staffing
requirements set forth by the | ||||||
21 | Department, shall act as a nursing assistant,
habilitation | ||||||
22 | aide, or child care aide in a facility, nor shall any person, | ||||||
23 | under any
other title, not licensed, certified, or registered | ||||||
24 | to render medical care
by the Department of Professional | ||||||
25 | Regulation, assist with the
personal, medical, or nursing care |
| |||||||
| |||||||
1 | of residents in a facility, unless such
person meets the | ||||||
2 | following requirements:
| ||||||
3 | (1) Be at least 16 years of age, of temperate habits | ||||||
4 | and good moral
character, honest, reliable and | ||||||
5 | trustworthy;
| ||||||
6 | (2) Be able to speak and understand the English | ||||||
7 | language or a language
understood by a substantial | ||||||
8 | percentage of the facility's residents;
| ||||||
9 | (3) Provide evidence of employment or occupation, if | ||||||
10 | any, and residence
for 2 years prior to his present | ||||||
11 | employment;
| ||||||
12 | (4) Have completed at least 8 years of grade school or | ||||||
13 | provide proof of
equivalent knowledge;
| ||||||
14 | (5) Begin a current course of training for nursing | ||||||
15 | assistants,
habilitation aides, or child care aides, | ||||||
16 | approved by the Department, within 45 days of initial
| ||||||
17 | employment in the capacity of a nursing assistant, | ||||||
18 | habilitation aide, or
child care aide
at any facility. Such | ||||||
19 | courses of training shall be successfully completed
within | ||||||
20 | 120 days of initial employment in the capacity of nursing | ||||||
21 | assistant,
habilitation aide, or child care aide at a | ||||||
22 | facility. Nursing assistants, habilitation
aides, and | ||||||
23 | child care aides who are enrolled in approved courses in | ||||||
24 | community
colleges or other educational institutions on a | ||||||
25 | term, semester or trimester
basis, shall be exempt from the | ||||||
26 | 120 day completion time limit. The
Department shall adopt |
| |||||||
| |||||||
1 | rules for such courses of training.
These rules shall | ||||||
2 | include procedures for facilities to
carry on an approved | ||||||
3 | course of training within the facility.
| ||||||
4 | The Department may accept comparable training in lieu | ||||||
5 | of the 120 hour
course for student nurses, foreign nurses, | ||||||
6 | military personnel, or employes of
the Department of Human | ||||||
7 | Services.
| ||||||
8 | The facility shall develop and implement procedures, | ||||||
9 | which shall be
approved by the Department, for an ongoing | ||||||
10 | review process, which shall take
place within the facility, | ||||||
11 | for nursing assistants, habilitation aides, and
child care | ||||||
12 | aides.
| ||||||
13 | At the time of each regularly scheduled licensure | ||||||
14 | survey, or at the time
of a complaint investigation, the | ||||||
15 | Department may require any nursing
assistant, habilitation | ||||||
16 | aide, or child care aide to demonstrate, either through | ||||||
17 | written
examination or action, or both, sufficient | ||||||
18 | knowledge in all areas of
required training. If such | ||||||
19 | knowledge is inadequate the Department shall
require the | ||||||
20 | nursing assistant, habilitation aide, or child care aide to | ||||||
21 | complete inservice
training and review in the facility | ||||||
22 | until the nursing assistant, habilitation
aide, or child | ||||||
23 | care aide demonstrates to the Department, either through | ||||||
24 | written
examination or action, or both, sufficient | ||||||
25 | knowledge in all areas of
required training; and
| ||||||
26 | (6) Be familiar with and have general skills related to |
| |||||||
| |||||||
1 | resident care.
| ||||||
2 | (a-0.5) An educational entity, other than a secondary | ||||||
3 | school, conducting a
nursing assistant, habilitation aide, or | ||||||
4 | child care aide
training program
shall initiate a UCIA criminal | ||||||
5 | history record check prior to entry of an
individual into the | ||||||
6 | training program.
A secondary school may initiate a UCIA | ||||||
7 | criminal history record check prior to
the entry of an | ||||||
8 | individual into a training program.
| ||||||
9 | (a-1) Nursing assistants, habilitation aides, or child | ||||||
10 | care aides seeking to be included on the registry on or
after | ||||||
11 | January 1, 1996 must authorize the Department of Public Health | ||||||
12 | or its
designee that tests nursing assistants
to request a UCIA | ||||||
13 | criminal history check and submit all necessary
information.
| ||||||
14 | (b) Persons subject to this Section shall perform their | ||||||
15 | duties under the
supervision of a nurse.
| ||||||
16 | (c) It is unlawful for any facility to employ any person in | ||||||
17 | the capacity
of nursing assistant, habilitation aide, or child | ||||||
18 | care aide, or under any other title, not
licensed by the State | ||||||
19 | of Illinois to assist in the personal, medical, or
nursing care | ||||||
20 | of residents in such facility unless such person has complied
| ||||||
21 | with this Section.
| ||||||
22 | (d) Proof of compliance by each employee with the | ||||||
23 | requirements set out
in this Section shall be maintained for | ||||||
24 | each such employee by each facility
in the individual personnel | ||||||
25 | folder of the employee.
| ||||||
26 | (e) Each facility shall certify to the Department on a form |
| |||||||
| |||||||
1 | provided by
the Department the name and residence address of | ||||||
2 | each employee, and that
each employee subject to this Section | ||||||
3 | meets all the requirements of this
Section.
| ||||||
4 | (f) Any facility that is operated under Section 3-803 shall | ||||||
5 | be
exempt
from the requirements of this Section.
| ||||||
6 | (g) Each skilled nursing and intermediate care facility | ||||||
7 | that
admits
persons who are diagnosed as having Alzheimer's | ||||||
8 | disease or related
dementias shall require all nursing | ||||||
9 | assistants, habilitation aides, or child
care aides, who did | ||||||
10 | not receive 12 hours of training in the care and
treatment of | ||||||
11 | such residents during the training required under paragraph
(5) | ||||||
12 | of subsection (a), to obtain 12 hours of in-house training in | ||||||
13 | the care
and treatment of such residents. If the facility does | ||||||
14 | not provide the
training in-house, the training shall be | ||||||
15 | obtained from other facilities,
community colleges or other | ||||||
16 | educational institutions that have a
recognized course for such | ||||||
17 | training. The Department shall, by rule,
establish a recognized | ||||||
18 | course for such training. The Department's rules shall provide | ||||||
19 | that such
training may be conducted in-house at each facility | ||||||
20 | subject to the
requirements of this subsection, in which case | ||||||
21 | such training shall be
monitored by the Department.
| ||||||
22 | The Department's rules shall also provide for | ||||||
23 | circumstances and procedures
whereby any person who has | ||||||
24 | received training that meets
the
requirements of this | ||||||
25 | subsection shall not be required to undergo additional
training | ||||||
26 | if he or she is transferred to or obtains employment at a
|
| |||||||
| |||||||
1 | different facility but remains continuously employed as a | ||||||
2 | nursing assistant,
habilitation aide, or child care aide. | ||||||
3 | Licensed sheltered care facilities
shall be
exempt from the | ||||||
4 | requirements of this Section.
| ||||||
5 | (Source: P.A. 91-598, eff. 1-1-00.)
| ||||||
6 | Section 90-100. The Home Health, Home Services, and Home | ||||||
7 | Nursing Agency Licensing Act is amended by changing Section | ||||||
8 | 2.08 as follows: | ||||||
9 | (210 ILCS 55/2.08) | ||||||
10 | Sec. 2.08. "Home services agency" means an agency that | ||||||
11 | provides services directly, or acts as a placement agency, for | ||||||
12 | the purpose of placing individuals as workers providing home | ||||||
13 | services for consumers in their personal residences. "Home | ||||||
14 | services agency" does not include agencies licensed under the | ||||||
15 | Nurse Agency Licensing Act, the Hospital Licensing Act, the | ||||||
16 | Nursing Home Care Act, the MR/DD Community Care Act, or the | ||||||
17 | Assisted Living and Shared Housing Act and does not include an | ||||||
18 | agency that limits its business exclusively to providing | ||||||
19 | housecleaning services. Programs providing services | ||||||
20 | exclusively through the Community Care Program of the Illinois | ||||||
21 | Department on Aging or the Department of Human Services Office | ||||||
22 | of Rehabilitation Services are not considered to be a home | ||||||
23 | services agency under this Act.
| ||||||
24 | (Source: P.A. 94-379, eff. 1-1-06.) |
| |||||||
| |||||||
1 | Section 90-105. The Hospice Program Licensing Act is | ||||||
2 | amended by changing Sections 3 and 4 as follows:
| ||||||
3 | (210 ILCS 60/3) (from Ch. 111 1/2, par. 6103)
| ||||||
4 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
5 | context otherwise
requires:
| ||||||
6 | (a) "Bereavement" means the period of time during which the | ||||||
7 | hospice
patient's family experiences and adjusts to the death | ||||||
8 | of the hospice patient.
| ||||||
9 | (a-5) "Bereavement services" means counseling services | ||||||
10 | provided to an individual's family after the individual's | ||||||
11 | death. | ||||||
12 | (a-10) "Attending physician" means a physician who: | ||||||
13 | (1) is a doctor of medicine or osteopathy; and | ||||||
14 | (2) is identified by an individual, at the time the | ||||||
15 | individual elects to receive hospice care, as having the | ||||||
16 | most significant role in the determination and delivery of | ||||||
17 | the individual's medical care.
| ||||||
18 | (b) "Department" means the Illinois Department of Public | ||||||
19 | Health.
| ||||||
20 | (c) "Director" means the Director of the Illinois | ||||||
21 | Department of Public
Health.
| ||||||
22 | (d) "Hospice care" means a program of palliative care that | ||||||
23 | provides for the physical, emotional, and spiritual care needs | ||||||
24 | of a terminally ill patient and his or her family. The goal of |
| |||||||
| |||||||
1 | such care is to achieve the highest quality of life as defined | ||||||
2 | by the patient and his or her family through the relief of | ||||||
3 | suffering and control of symptoms.
| ||||||
4 | (e) "Hospice care team" means an interdisciplinary group or | ||||||
5 | groups composed of individuals who provide or supervise the | ||||||
6 | care and services offered by the hospice.
| ||||||
7 | (f) "Hospice patient" means a terminally ill person | ||||||
8 | receiving hospice
services.
| ||||||
9 | (g) "Hospice patient's family" means a hospice patient's | ||||||
10 | immediate family
consisting of a spouse, sibling, child, parent | ||||||
11 | and those individuals designated
as such by the patient for the | ||||||
12 | purposes of this Act.
| ||||||
13 | (g-1) "Hospice residence" means a separately licensed | ||||||
14 | home, apartment building, or similar
building providing living | ||||||
15 | quarters:
| ||||||
16 | (1) that is owned or operated by a person licensed to | ||||||
17 | operate as a comprehensive
hospice; and
| ||||||
18 | (2) at which hospice services are provided to facility | ||||||
19 | residents.
| ||||||
20 | A building that is licensed under the Hospital Licensing | ||||||
21 | Act , or the Nursing
Home Care Act , or the MR/DD Community Care | ||||||
22 | Act is not a hospice residence.
| ||||||
23 | (h) "Hospice services" means a range of professional and | ||||||
24 | other supportive services provided to a hospice patient and his | ||||||
25 | or her family. These services may include, but are not limited | ||||||
26 | to, physician services, nursing services, medical social work |
| |||||||
| |||||||
1 | services, spiritual counseling services, bereavement services, | ||||||
2 | and volunteer services.
| ||||||
3 | (h-5) "Hospice program" means a licensed public agency or | ||||||
4 | private organization, or a subdivision of either of those, that | ||||||
5 | is primarily engaged in providing care to terminally ill | ||||||
6 | individuals through a program of home care or inpatient care, | ||||||
7 | or both home care and inpatient care, utilizing a medically | ||||||
8 | directed interdisciplinary hospice care team of professionals | ||||||
9 | or volunteers, or both professionals and volunteers. A hospice | ||||||
10 | program may be licensed as a comprehensive hospice program or a | ||||||
11 | volunteer hospice program.
| ||||||
12 | (h-10) "Comprehensive hospice" means a program that | ||||||
13 | provides hospice services and meets the minimum standards for | ||||||
14 | certification under the Medicare program set forth in the | ||||||
15 | Conditions of Participation in 42 CFR Part 418 but is not | ||||||
16 | required to be Medicare-certified.
| ||||||
17 | (i) "Palliative care" means the management of pain and | ||||||
18 | other distressing symptoms that incorporates medical, nursing, | ||||||
19 | psychosocial, and spiritual care according to the needs, | ||||||
20 | values, beliefs, and culture or cultures of the patient and his | ||||||
21 | or her family. The evaluation and treatment is | ||||||
22 | patient-centered, with a focus on the central role of the | ||||||
23 | family unit in decision-making.
| ||||||
24 | (j) "Hospice service plan" means a plan detailing the | ||||||
25 | specific hospice
services offered by a comprehensive or | ||||||
26 | volunteer
hospice program, and the administrative
and direct |
| |||||||
| |||||||
1 | care personnel responsible for those services. The plan shall
| ||||||
2 | include but not be limited to:
| ||||||
3 | (1) Identification of the person or persons | ||||||
4 | administratively responsible
for the program.
| ||||||
5 | (2) The estimated average monthly patient census.
| ||||||
6 | (3) The proposed geographic area the hospice will | ||||||
7 | serve.
| ||||||
8 | (4) A listing of those hospice services provided | ||||||
9 | directly by the hospice,
and those hospice services | ||||||
10 | provided indirectly through a contractual agreement.
| ||||||
11 | (5) The name and qualifications of those persons or | ||||||
12 | entities under
contract
to provide indirect hospice | ||||||
13 | services.
| ||||||
14 | (6) The name and qualifications of those persons | ||||||
15 | providing direct hospice
services, with the exception of | ||||||
16 | volunteers.
| ||||||
17 | (7) A description of how the hospice plans to utilize | ||||||
18 | volunteers in the
provision of hospice services.
| ||||||
19 | (8) A description of the program's record keeping | ||||||
20 | system.
| ||||||
21 | (k) "Terminally ill" means a medical prognosis by a | ||||||
22 | physician licensed
to practice medicine in all of its branches | ||||||
23 | that a patient has an anticipated
life expectancy of one year | ||||||
24 | or less.
| ||||||
25 | (l) "Volunteer" means a person who offers his or her | ||||||
26 | services to a hospice
without compensation. Reimbursement for a |
| |||||||
| |||||||
1 | volunteer's expenses in providing
hospice service shall not be | ||||||
2 | considered compensation.
| ||||||
3 | (l-5) "Employee" means a paid or unpaid member of the staff | ||||||
4 | of a hospice program, or, if the hospice program is a | ||||||
5 | subdivision of an agency or organization, of the agency or | ||||||
6 | organization, who is appropriately trained and assigned to the | ||||||
7 | hospice program. "Employee" also means a volunteer whose duties | ||||||
8 | are prescribed by the hospice program and whose performance of | ||||||
9 | those duties is supervised by the hospice program. | ||||||
10 | (l-10) "Representative" means an individual who has been | ||||||
11 | authorized under
State law to terminate an individual's medical | ||||||
12 | care or to elect or revoke the election of hospice care on | ||||||
13 | behalf of a terminally ill individual who is mentally or | ||||||
14 | physically incapacitated.
| ||||||
15 | (m) "Volunteer hospice" means a program which provides | ||||||
16 | hospice services
to patients regardless of their ability to | ||||||
17 | pay, with emphasis on the
utilization of volunteers to provide | ||||||
18 | services, under the administration of
a not-for-profit agency. | ||||||
19 | This definition does not prohibit the employment of
staff.
| ||||||
20 | (Source: P.A. 93-319, eff. 7-23-03; 94-570, eff. 8-12-05.)
| ||||||
21 | (210 ILCS 60/4) (from Ch. 111 1/2, par. 6104)
| ||||||
22 | Sec. 4. License.
| ||||||
23 | (a) No person shall establish, conduct or maintain a | ||||||
24 | comprehensive or volunteer hospice program without first | ||||||
25 | obtaining a license from the
Department. A hospice residence |
| |||||||
| |||||||
1 | may be operated only at the locations listed
on the license. A | ||||||
2 | comprehensive hospice program owning or operating a hospice | ||||||
3 | residence is not
subject to the provisions of the Nursing Home | ||||||
4 | Care Act or the MR/DD Community Care Act in owning or operating | ||||||
5 | a
hospice residence.
| ||||||
6 | (b) No public or private agency shall advertise or present | ||||||
7 | itself to the
public as a comprehensive or volunteer hospice | ||||||
8 | program which provides hospice services without
meeting the | ||||||
9 | provisions of subsection (a).
| ||||||
10 | (c) The license shall be valid only in the possession
of | ||||||
11 | the hospice to which it was originally issued and shall not be
| ||||||
12 | transferred or assigned to any other person, agency, or | ||||||
13 | corporation.
| ||||||
14 | (d) The license shall be renewed annually.
| ||||||
15 | (e) The license shall be displayed in a conspicuous place | ||||||
16 | inside the hospice
program office.
| ||||||
17 | (Source: P.A. 93-319, eff. 7-23-03; 94-570, eff. 8-12-05.)
| ||||||
18 | Section 90-110. The Hospital Licensing Act is amended by | ||||||
19 | changing Sections 3 and 6.09 as follows:
| ||||||
20 | (210 ILCS 85/3) (from Ch. 111 1/2, par. 144)
| ||||||
21 | Sec. 3. As used in this Act:
| ||||||
22 | (A) "Hospital" means any institution, place, building, or | ||||||
23 | agency, public
or private, whether organized for profit or not, | ||||||
24 | devoted primarily to the
maintenance and operation of |
| |||||||
| |||||||
1 | facilities for the diagnosis and treatment or
care of 2 or more | ||||||
2 | unrelated persons admitted for overnight stay or longer
in | ||||||
3 | order to obtain medical, including obstetric, psychiatric and | ||||||
4 | nursing,
care of illness, disease, injury, infirmity, or | ||||||
5 | deformity.
| ||||||
6 | The term "hospital", without regard to length of stay, | ||||||
7 | shall also
include:
| ||||||
8 | (a) any facility which is devoted primarily to | ||||||
9 | providing psychiatric and
related services and programs | ||||||
10 | for the diagnosis and treatment or care of
2 or more | ||||||
11 | unrelated persons suffering from emotional or nervous | ||||||
12 | diseases;
| ||||||
13 | (b) all places where pregnant females are received, | ||||||
14 | cared for, or
treated during delivery irrespective of the | ||||||
15 | number of patients received.
| ||||||
16 | The term "hospital" includes general and specialized | ||||||
17 | hospitals,
tuberculosis sanitaria, mental or psychiatric | ||||||
18 | hospitals and sanitaria, and
includes maternity homes, | ||||||
19 | lying-in homes, and homes for unwed mothers in
which care is | ||||||
20 | given during delivery.
| ||||||
21 | The term "hospital" does not include:
| ||||||
22 | (1) any person or institution
required to be licensed | ||||||
23 | pursuant to the Nursing Home Care Act or the MR/DD | ||||||
24 | Community Care Act , as amended ;
| ||||||
25 | (2) hospitalization or care facilities maintained by | ||||||
26 | the State or any
department or agency thereof, where such |
| |||||||
| |||||||
1 | department or agency has authority
under law to establish | ||||||
2 | and enforce standards for the hospitalization or
care | ||||||
3 | facilities under its management and control;
| ||||||
4 | (3) hospitalization or care facilities maintained by | ||||||
5 | the federal
government or agencies thereof;
| ||||||
6 | (4) hospitalization or care facilities maintained by | ||||||
7 | any university or
college established under the laws of | ||||||
8 | this State and supported principally
by public funds raised | ||||||
9 | by taxation;
| ||||||
10 | (5) any person or facility required to be licensed | ||||||
11 | pursuant to the
Alcoholism and Other Drug Abuse and | ||||||
12 | Dependency Act;
| ||||||
13 | (6) any facility operated solely by and for persons who | ||||||
14 | rely
exclusively upon treatment by spiritual means through | ||||||
15 | prayer, in accordance
with the creed or tenets of any | ||||||
16 | well-recognized church or religious
denomination; or
| ||||||
17 | (7) An Alzheimer's disease management center | ||||||
18 | alternative health care
model licensed under the | ||||||
19 | Alternative Health Care Delivery Act.
| ||||||
20 | (B) "Person" means the State, and any political subdivision | ||||||
21 | or municipal
corporation, individual, firm, partnership, | ||||||
22 | corporation, company,
association, or joint stock association, | ||||||
23 | or the legal successor thereof.
| ||||||
24 | (C) "Department" means the Department of Public Health of | ||||||
25 | the State of
Illinois.
| ||||||
26 | (D) "Director" means the Director of Public Health of
the |
| |||||||
| |||||||
1 | State of Illinois.
| ||||||
2 | (E) "Perinatal" means the period of time
between the | ||||||
3 | conception of an
infant and the end of the first month after | ||||||
4 | birth.
| ||||||
5 | (F) "Federally designated organ procurement agency" means | ||||||
6 | the organ
procurement agency designated by the Secretary of the | ||||||
7 | U.S. Department of Health
and Human Services for the service | ||||||
8 | area in which a hospital is located; except
that in the case of | ||||||
9 | a hospital located in a county adjacent to Wisconsin
which | ||||||
10 | currently contracts with an organ procurement agency located in | ||||||
11 | Wisconsin
that is not the organ procurement agency designated | ||||||
12 | by the U.S. Secretary of
Health and Human Services for the | ||||||
13 | service area in which the hospital is
located, if the hospital | ||||||
14 | applies for a waiver pursuant to 42 USC
1320b-8(a), it may | ||||||
15 | designate an organ procurement agency
located in Wisconsin to | ||||||
16 | be thereafter deemed its federally designated organ
| ||||||
17 | procurement agency for the purposes of this Act.
| ||||||
18 | (G) "Tissue bank" means any facility or program operating | ||||||
19 | in Illinois
that is certified by the American Association of | ||||||
20 | Tissue Banks or the Eye Bank
Association of America and is | ||||||
21 | involved in procuring, furnishing, donating,
or distributing | ||||||
22 | corneas, bones, or other human tissue for the purpose of
| ||||||
23 | injecting, transfusing, or transplanting any of them into the | ||||||
24 | human body.
"Tissue bank" does not include a licensed blood | ||||||
25 | bank. For the purposes of this
Act, "tissue" does not include | ||||||
26 | organs.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-838, eff. 6-16-00.)
| ||||||
2 | (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)
| ||||||
3 | Sec. 6.09. (a) In order to facilitate the orderly | ||||||
4 | transition of aged
and disabled patients from hospitals to | ||||||
5 | post-hospital care, whenever a
patient who qualifies for the
| ||||||
6 | federal Medicare program is hospitalized, the patient shall be | ||||||
7 | notified
of discharge at least
24 hours prior to discharge from
| ||||||
8 | the hospital. With regard to pending discharges to a skilled | ||||||
9 | nursing facility, the hospital must notify the case | ||||||
10 | coordination unit, as defined in 89 Ill. Adm. Code 240.260, at | ||||||
11 | least 24 hours prior to discharge or, if home health services | ||||||
12 | are ordered, the hospital must inform its designated case | ||||||
13 | coordination unit, as defined in 89 Ill. Adm. Code 240.260, of | ||||||
14 | the pending discharge and must provide the patient with the | ||||||
15 | case coordination unit's telephone number and other contact | ||||||
16 | information.
| ||||||
17 | (b) Every hospital shall develop procedures for a physician | ||||||
18 | with medical
staff privileges at the hospital or any | ||||||
19 | appropriate medical staff member to
provide the discharge | ||||||
20 | notice prescribed in subsection (a) of this Section. The | ||||||
21 | procedures must include prohibitions against discharging or | ||||||
22 | referring a patient to any of the following if unlicensed, | ||||||
23 | uncertified, or unregistered: (i) a board and care facility, as | ||||||
24 | defined in the Board and Care Home Act; (ii) an assisted living | ||||||
25 | and shared housing establishment, as defined in the Assisted |
| |||||||
| |||||||
1 | Living and Shared Housing Act; (iii) a facility licensed under | ||||||
2 | the Nursing Home Care Act or the MR/DD Community Care Act ; (iv) | ||||||
3 | a supportive living facility, as defined in Section 5-5.01a of | ||||||
4 | the Illinois Public Aid Code; or (v) a free-standing hospice | ||||||
5 | facility licensed under the Hospice Program Licensing Act if | ||||||
6 | licensure, certification, or registration is required. The | ||||||
7 | Department of Public Health shall annually provide hospitals | ||||||
8 | with a list of licensed, certified, or registered board and | ||||||
9 | care facilities, assisted living and shared housing | ||||||
10 | establishments, nursing homes, supportive living facilities, | ||||||
11 | and hospice facilities. Reliance upon this list by a hospital | ||||||
12 | shall satisfy compliance with this requirement.
The procedure | ||||||
13 | may also include a waiver for any case in which a discharge
| ||||||
14 | notice is not feasible due to a short length of stay in the | ||||||
15 | hospital by the patient,
or for any case in which the patient | ||||||
16 | voluntarily desires to leave the
hospital before the expiration | ||||||
17 | of the
24 hour period.
| ||||||
18 | (c) At least
24 hours prior to discharge from the hospital, | ||||||
19 | the
patient shall receive written information on the patient's | ||||||
20 | right to appeal the
discharge pursuant to the
federal Medicare | ||||||
21 | program, including the steps to follow to appeal
the discharge | ||||||
22 | and the appropriate telephone number to call in case the
| ||||||
23 | patient intends to appeal the discharge.
| ||||||
24 | (Source: P.A. 94-335, eff. 7-26-05; 95-80, eff. 8-13-07; | ||||||
25 | 95-651, eff. 10-11-07; 95-876, eff. 8-21-08.)
|
| |||||||
| |||||||
1 | Section 90-115. The Language Assistance Services Act is | ||||||
2 | amended by changing Section 10 as follows:
| ||||||
3 | (210 ILCS 87/10)
| ||||||
4 | Sec. 10. Definitions. As used in this Act:
| ||||||
5 | "Department" means the Department of Public Health.
| ||||||
6 | "Interpreter" means a person fluent in English and in the | ||||||
7 | necessary
language of the patient who can accurately speak, | ||||||
8 | read, and readily interpret
the necessary second language, or a | ||||||
9 | person who can accurately sign and read
sign language. | ||||||
10 | Interpreters shall have the ability to translate the names of
| ||||||
11 | body parts and to describe completely symptoms and injuries in | ||||||
12 | both languages.
Interpreters may include members of the medical | ||||||
13 | or professional staff.
| ||||||
14 | "Language or communication barriers" means either of the | ||||||
15 | following:
| ||||||
16 | (1) With respect to spoken language, barriers that are | ||||||
17 | experienced by
limited-English-speaking or | ||||||
18 | non-English-speaking
individuals who speak the same
| ||||||
19 | primary language, if those individuals constitute at least | ||||||
20 | 5% of the
patients served by the health facility annually.
| ||||||
21 | (2) With respect to sign language, barriers that are | ||||||
22 | experienced by
individuals who are deaf and whose primary | ||||||
23 | language is sign language.
| ||||||
24 | "Health facility" means a hospital licensed under the | ||||||
25 | Hospital Licensing Act ,
or a long-term care facility licensed |
| |||||||
| |||||||
1 | under the Nursing Home Care Act , or a facility licensed under | ||||||
2 | the MR/DD Community Care Act .
| ||||||
3 | (Source: P.A. 93-564, eff. 1-1-04.)
| ||||||
4 | Section 90-120. The Community-Integrated Living | ||||||
5 | Arrangements Licensure and
Certification Act is amended by | ||||||
6 | changing Section 4 as follows:
| ||||||
7 | (210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
| ||||||
8 | Sec. 4.
(a) Any community mental health or developmental | ||||||
9 | services agency who
wishes to develop and support a variety of | ||||||
10 | community-integrated living
arrangements may do so pursuant to | ||||||
11 | a license issued by the Department under this Act.
However, | ||||||
12 | programs established under or otherwise subject to the Child
| ||||||
13 | Care Act of 1969 , or the Nursing Home Care Act, or the MR/DD | ||||||
14 | Community Care Act, as now or
hereafter amended, shall remain
| ||||||
15 | subject thereto, and this Act shall not be construed to limit | ||||||
16 | the
application of those Acts.
| ||||||
17 | (b) The system of licensure established under this Act | ||||||
18 | shall be for the purposes of:
| ||||||
19 | (1) Insuring that all recipients residing in | ||||||
20 | community-integrated living
arrangements are receiving | ||||||
21 | appropriate community-based services, including
treatment, | ||||||
22 | training and habilitation or rehabilitation;
| ||||||
23 | (2) Insuring that recipients' rights are protected and that | ||||||
24 | all programs
provided to and placements arranged for
recipients |
| |||||||
| |||||||
1 | comply with this Act, the Mental Health and Developmental
| ||||||
2 | Disabilities Code, and applicable Department rules and | ||||||
3 | regulations;
| ||||||
4 | (3) Maintaining the integrity of communities by requiring | ||||||
5 | regular
monitoring and inspection of placements and other | ||||||
6 | services provided in
community-integrated living arrangements.
| ||||||
7 | The licensure system shall be administered by a quality | ||||||
8 | assurance unit
within the Department which shall be | ||||||
9 | administratively independent of units
responsible for funding | ||||||
10 | of agencies or community services.
| ||||||
11 | (c) As a condition of being licensed by the Department as a | ||||||
12 | community
mental health or developmental services agency under | ||||||
13 | this Act, the agency
shall certify to the Department that:
| ||||||
14 | (1) All recipients residing in community-integrated living | ||||||
15 | arrangements
are receiving appropriate community-based | ||||||
16 | services, including treatment,
training and habilitation or | ||||||
17 | rehabilitation;
| ||||||
18 | (2) All programs provided to and placements arranged for | ||||||
19 | recipients are
supervised by the agency; and
| ||||||
20 | (3) All programs provided to and placements arranged for | ||||||
21 | recipients
comply with this Act, the Mental Health and | ||||||
22 | Developmental Disabilities
Code, and applicable Department | ||||||
23 | rules and regulations.
| ||||||
24 | (d) An applicant for licensure as a community mental health | ||||||
25 | or
developmental services agency under this Act shall submit an | ||||||
26 | application
pursuant to the application process established by |
| |||||||
| |||||||
1 | the Department by rule
and shall pay an application fee in an | ||||||
2 | amount established by the
Department, which amount shall not be | ||||||
3 | more than $200.
| ||||||
4 | (e) If an applicant meets the requirements established by | ||||||
5 | the Department
to be licensed as a community mental health or | ||||||
6 | developmental services
agency under this Act, after payment of | ||||||
7 | the licensing fee, the Department
shall issue a license valid | ||||||
8 | for 3 years from the date thereof unless
suspended or revoked | ||||||
9 | by the Department or voluntarily surrendered by the agency.
| ||||||
10 | (f) Upon application to the Department, the Department may | ||||||
11 | issue a
temporary permit to an applicant for a 6-month period | ||||||
12 | to allow the holder
of such permit reasonable time to become | ||||||
13 | eligible for a license under this Act.
| ||||||
14 | (g)(1) The Department may conduct site visits to an agency | ||||||
15 | licensed under this
Act, or to any program or placement | ||||||
16 | certified by the agency, and inspect
the records or premises, | ||||||
17 | or both, of such agency, program or placement as
it deems | ||||||
18 | appropriate, for the
purpose of determining compliance with | ||||||
19 | this Act, the Mental Health and
Developmental Disabilities | ||||||
20 | Code, and applicable Department rules and regulations.
| ||||||
21 | (2) If the Department determines that an agency licensed | ||||||
22 | under this Act
is not in compliance with this Act or the rules | ||||||
23 | and regulations promulgated
under this Act, the Department | ||||||
24 | shall serve a notice of violation
upon the licensee. Each | ||||||
25 | notice of violation shall be prepared in writing
and shall | ||||||
26 | specify the nature of the violation, the statutory provision or
|
| |||||||
| |||||||
1 | rule alleged to have been violated, and that the licensee
| ||||||
2 | submit a plan of correction to the Department if required. The | ||||||
3 | notice shall also
inform the licensee of any other action which | ||||||
4 | the Department might take
pursuant to this Act and of the right | ||||||
5 | to a hearing.
| ||||||
6 | (h) Upon the expiration of any license issued under this | ||||||
7 | Act, a license
renewal application shall be required of and a | ||||||
8 | license renewal fee in an
amount established by the Department | ||||||
9 | shall be
charged to a community mental health or
developmental | ||||||
10 | services agency, provided that such fee shall not be more than | ||||||
11 | $200.
| ||||||
12 | (Source: P.A. 86-820.)
| ||||||
13 | Section 90-125. The Child Care Act of 1969 is amended by | ||||||
14 | changing Section 2.06 as follows:
| ||||||
15 | (225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
| ||||||
16 | Sec. 2.06.
"Child care institution" means a child care | ||||||
17 | facility where more than
7 children are received and maintained | ||||||
18 | for the purpose of providing them
with care or training or | ||||||
19 | both. The term "child care institution"
includes residential | ||||||
20 | schools, primarily serving ambulatory handicapped
children, | ||||||
21 | and those operating a full calendar year, but does not
include:
| ||||||
22 | (a) Any State-operated institution for child care | ||||||
23 | established by
legislative action;
| ||||||
24 | (b) Any juvenile detention or shelter care home established |
| |||||||
| |||||||
1 | and operated by any
county or child protection district | ||||||
2 | established under the "Child
Protection Act";
| ||||||
3 | (c) Any institution, home, place or facility operating | ||||||
4 | under a
license pursuant to the Nursing Home Care Act or the | ||||||
5 | MR/DD Community Care Act ;
| ||||||
6 | (d) Any bona fide boarding school in which children are | ||||||
7 | primarily
taught branches of education corresponding to those | ||||||
8 | taught in public
schools, grades one through 12, or taught in | ||||||
9 | public elementary schools,
high schools, or both elementary and | ||||||
10 | high schools, and which operates on
a regular academic school | ||||||
11 | year basis; or
| ||||||
12 | (e) Any facility licensed as a "group home"
as defined in | ||||||
13 | this Act.
| ||||||
14 | (Source: P.A. 86-820.)
| ||||||
15 | Section 90-130. The Health Care Worker Background Check Act | ||||||
16 | is amended by changing Section 15 as follows:
| ||||||
17 | (225 ILCS 46/15)
| ||||||
18 | Sec. 15. Definitions. In this Act:
| ||||||
19 | "Applicant" means an individual seeking employment with a | ||||||
20 | health care
employer who has received a bona fide conditional | ||||||
21 | offer of employment.
| ||||||
22 | "Conditional offer of employment" means a bona fide offer | ||||||
23 | of employment by a
health care employer to an applicant, which | ||||||
24 | is contingent upon the receipt of a
report from the Department |
| |||||||
| |||||||
1 | of Public Health indicating that the applicant does
not have a | ||||||
2 | record of conviction of any of the criminal offenses enumerated | ||||||
3 | in
Section 25.
| ||||||
4 | "Direct care" means the provision of nursing care or | ||||||
5 | assistance with feeding,
dressing, movement, bathing, | ||||||
6 | toileting, or other personal needs, including home services as | ||||||
7 | defined in the Home Health, Home Services, and Home Nursing | ||||||
8 | Agency Licensing Act. The entity
responsible for inspecting and | ||||||
9 | licensing, certifying, or registering the
health care employer | ||||||
10 | may, by administrative rule, prescribe guidelines for
| ||||||
11 | interpreting this definition with regard to the health care | ||||||
12 | employers that it
licenses.
| ||||||
13 | "Disqualifying offenses" means those offenses set forth in | ||||||
14 | Section 25 of this Act. | ||||||
15 | "Employee" means any individual hired, employed, or | ||||||
16 | retained to which this Act applies. | ||||||
17 | "Fingerprint-based criminal history records check" means a | ||||||
18 | livescan fingerprint-based criminal history records check | ||||||
19 | submitted as a fee applicant inquiry in the form and manner | ||||||
20 | prescribed by the Department of State Police.
| ||||||
21 | "Health care employer" means:
| ||||||
22 | (1) the owner or licensee of any of the
following:
| ||||||
23 | (i) a community living facility, as defined in the | ||||||
24 | Community Living
Facilities Act;
| ||||||
25 | (ii) a life care facility, as defined in the Life | ||||||
26 | Care Facilities Act;
|
| |||||||
| |||||||
1 | (iii) a long-term care facility;
| ||||||
2 | (iv) a home health agency, home services agency, or | ||||||
3 | home nursing agency as defined in the Home Health, Home | ||||||
4 | Services, and Home Nursing Agency Licensing
Act;
| ||||||
5 | (v) a hospice care program or volunteer hospice | ||||||
6 | program, as defined in the Hospice Program Licensing | ||||||
7 | Act;
| ||||||
8 | (vi) a hospital, as defined in the Hospital | ||||||
9 | Licensing Act;
| ||||||
10 | (vii) (blank);
| ||||||
11 | (viii) a nurse agency, as defined in the Nurse | ||||||
12 | Agency Licensing Act;
| ||||||
13 | (ix) a respite care provider, as defined in the | ||||||
14 | Respite Program Act;
| ||||||
15 | (ix-a) an establishment licensed under the | ||||||
16 | Assisted Living and Shared
Housing Act;
| ||||||
17 | (x) a supportive living program, as defined in the | ||||||
18 | Illinois Public Aid
Code;
| ||||||
19 | (xi) early childhood intervention programs as | ||||||
20 | described in 59 Ill. Adm.
Code 121;
| ||||||
21 | (xii) the University of Illinois Hospital, | ||||||
22 | Chicago;
| ||||||
23 | (xiii) programs funded by the Department on Aging | ||||||
24 | through the Community
Care Program;
| ||||||
25 | (xiv) programs certified to participate in the | ||||||
26 | Supportive Living Program
authorized pursuant to |
| |||||||
| |||||||
1 | Section 5-5.01a of the Illinois Public Aid Code;
| ||||||
2 | (xv) programs listed by the Emergency Medical | ||||||
3 | Services (EMS) Systems Act
as
Freestanding Emergency | ||||||
4 | Centers;
| ||||||
5 | (xvi) locations licensed under the Alternative | ||||||
6 | Health Care Delivery
Act;
| ||||||
7 | (2) a day training program certified by the Department | ||||||
8 | of Human Services;
| ||||||
9 | (3) a community integrated living arrangement operated | ||||||
10 | by a community
mental health and developmental service | ||||||
11 | agency, as defined in the
Community-Integrated Living | ||||||
12 | Arrangements Licensing and Certification Act; or
| ||||||
13 | (4) the State Long Term Care Ombudsman Program, | ||||||
14 | including any regional long term care ombudsman programs | ||||||
15 | under Section 4.04 of the Illinois Act on the Aging, only | ||||||
16 | for the purpose of securing background checks.
| ||||||
17 | "Initiate" means obtaining from
a student, applicant, or | ||||||
18 | employee his or her social security number, demographics, a | ||||||
19 | disclosure statement, and an authorization for the Department | ||||||
20 | of Public Health or its designee to request a fingerprint-based | ||||||
21 | criminal history records check; transmitting this information | ||||||
22 | electronically to the Department of Public Health; conducting | ||||||
23 | Internet searches on certain web sites, including without | ||||||
24 | limitation the Illinois Sex Offender Registry, the Department | ||||||
25 | of Corrections' Sex Offender Search Engine, the Department of | ||||||
26 | Corrections' Inmate Search Engine, the Department of |
| |||||||
| |||||||
1 | Corrections Wanted Fugitives Search Engine, the National Sex | ||||||
2 | Offender Public Registry, and the website of the Health and | ||||||
3 | Human Services Office of Inspector General to determine if the | ||||||
4 | applicant has been adjudicated a sex offender, has been a | ||||||
5 | prison inmate, or has committed Medicare or Medicaid fraud, or | ||||||
6 | conducting similar searches as defined by rule; and having the | ||||||
7 | student, applicant, or employee's fingerprints collected and | ||||||
8 | transmitted electronically to the Department of State Police.
| ||||||
9 | "Livescan vendor" means an entity whose equipment has been | ||||||
10 | certified by the Department of State Police to collect an | ||||||
11 | individual's demographics and inkless fingerprints and, in a | ||||||
12 | manner prescribed by the Department of State Police and the | ||||||
13 | Department of Public Health, electronically transmit the | ||||||
14 | fingerprints and required data to the Department of State | ||||||
15 | Police and a daily file of required data to the Department of | ||||||
16 | Public Health. The Department of Public Health shall negotiate | ||||||
17 | a contract with one or more vendors that effectively | ||||||
18 | demonstrate that the vendor has 2 or more years of experience | ||||||
19 | transmitting fingerprints electronically to the Department of | ||||||
20 | State Police and that the vendor can successfully transmit the | ||||||
21 | required data in a manner prescribed by the Department of | ||||||
22 | Public Health. Vendor authorization may be further defined by | ||||||
23 | administrative rule.
| ||||||
24 | "Long-term care facility" means a facility licensed by the | ||||||
25 | State or certified under federal law as a long-term care | ||||||
26 | facility, including without limitation facilities licensed |
| |||||||
| |||||||
1 | under the Nursing Home Care Act or the MR/DD Community Care | ||||||
2 | Act , a supportive living facility, an assisted living | ||||||
3 | establishment, or a shared housing establishment or registered | ||||||
4 | as a board and care home.
| ||||||
5 | (Source: P.A. 94-379, eff. 1-1-06; 94-570, eff. 8-12-05; | ||||||
6 | 94-665, eff. 1-1-06; 95-120, eff. 8-13-07; 95-331, eff. | ||||||
7 | 8-21-07.)
| ||||||
8 | Section 90-135. The Nursing Home Administrators Licensing | ||||||
9 | and Disciplinary Act is amended by changing Sections 4 and 17 | ||||||
10 | as follows:
| ||||||
11 | (225 ILCS 70/4) (from Ch. 111, par. 3654)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
13 | Sec. 4. Definitions. For purposes of this Act, the | ||||||
14 | following
definitions shall have the following meanings, | ||||||
15 | except where the context
requires otherwise:
| ||||||
16 | (1) "Act" means the Nursing Home Administrators | ||||||
17 | Licensing and
Disciplinary Act.
| ||||||
18 | (2) "Department" means the Department of Financial and
| ||||||
19 | Professional
Regulation.
| ||||||
20 | (3) "Secretary"
means the Secretary
of Financial and | ||||||
21 | Professional
Regulation.
| ||||||
22 | (4) "Board" means the Nursing Home Administrators | ||||||
23 | Licensing
and Disciplinary Board appointed by the | ||||||
24 | Governor.
|
| |||||||
| |||||||
1 | (5) "Nursing home administrator" means the individual | ||||||
2 | licensed
under this
Act and directly responsible for | ||||||
3 | planning, organizing, directing and
supervising the | ||||||
4 | operation of a nursing home, or who in fact performs such
| ||||||
5 | functions, whether or not such functions are delegated to | ||||||
6 | one or more
other persons.
| ||||||
7 | (6) "Nursing home" or "facility" means any entity that | ||||||
8 | is required to be
licensed by the Department of Public | ||||||
9 | Health under the Nursing Home
Care Act or the MR/DD | ||||||
10 | Community Care Act , as amended, other than a sheltered care | ||||||
11 | home as
defined thereunder, and includes private homes, | ||||||
12 | institutions,
buildings,
residences, or other places, | ||||||
13 | whether operated for profit or not,
irrespective of the | ||||||
14 | names attributed to them, county homes for the infirm
and | ||||||
15 | chronically ill operated pursuant to the County Nursing | ||||||
16 | Home Act, as
amended, and any similar institutions operated | ||||||
17 | by a political subdivision
of the State of Illinois that | ||||||
18 | provide, though their ownership or
management, | ||||||
19 | maintenance, personal care, and nursing for 3 or more | ||||||
20 | persons,
not related to the owner by blood or marriage, or | ||||||
21 | any similar facilities in
which maintenance is provided to | ||||||
22 | 3 or more persons who by reason of illness
of physical | ||||||
23 | infirmity require personal care and nursing.
| ||||||
24 | (7) "Maintenance" means food, shelter and laundry.
| ||||||
25 | (8) "Personal care" means assistance with meals, | ||||||
26 | dressing,
movement,
bathing, or other personal needs, or |
| |||||||
| |||||||
1 | general supervision of
the physical and
mental well-being | ||||||
2 | of an individual who because of age, physical, or mental
| ||||||
3 | disability, emotion or behavior disorder, or mental | ||||||
4 | retardation is
incapable of managing his or her person, | ||||||
5 | whether or not a guardian has been
appointed for such | ||||||
6 | individual. For the purposes of this Act, this
definition | ||||||
7 | does not include the professional services of a nurse.
| ||||||
8 | (9) "Nursing" means professional nursing or practical | ||||||
9 | nursing,
as those terms are defined in the Nurse Practice | ||||||
10 | Act,
for sick or infirm persons who are under the care
and | ||||||
11 | supervision of licensed physicians or dentists.
| ||||||
12 | (10) "Disciplinary action" means revocation, | ||||||
13 | suspension,
probation, supervision, reprimand, required | ||||||
14 | education, fines or
any other action taken by the | ||||||
15 | Department against a person holding a
license.
| ||||||
16 | (11) "Impaired" means the inability to practice with
| ||||||
17 | reasonable skill and
safety due to physical or mental | ||||||
18 | disabilities as evidenced by a written
determination or | ||||||
19 | written consent based on clinical evidence including
| ||||||
20 | deterioration through the aging process or loss of motor | ||||||
21 | skill, or abuse of
drugs or alcohol, of sufficient degree | ||||||
22 | to diminish a person's ability to
administer a nursing | ||||||
23 | home. | ||||||
24 | (12) "Address of record" means the designated address | ||||||
25 | recorded by the Department in the applicant's or licensee's | ||||||
26 | application file or license file maintained by the |
| |||||||
| |||||||
1 | Department's licensure maintenance unit. It is the duty of | ||||||
2 | the applicant or licensee to inform the Department of any | ||||||
3 | change of address, and such changes must be made either | ||||||
4 | through the Department's website or by contacting the | ||||||
5 | Department's licensure maintenance unit.
| ||||||
6 | (Source: P.A. 95-639, eff. 10-5-07; 95-703, eff. 12-31-07; | ||||||
7 | revised 1-7-08.)
| ||||||
8 | (225 ILCS 70/17) (from Ch. 111, par. 3667)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
10 | Sec. 17. Grounds for disciplinary action.
| ||||||
11 | (a) The Department may impose fines not to exceed $10,000
| ||||||
12 | or may
refuse to issue or to renew, or may revoke, suspend, | ||||||
13 | place on probation,
censure, reprimand or take other | ||||||
14 | disciplinary or non-disciplinary action with regard to the
| ||||||
15 | license of any person, for any one or combination
of the | ||||||
16 | following causes:
| ||||||
17 | (1) Intentional material misstatement in furnishing | ||||||
18 | information
to
the Department.
| ||||||
19 | (2) Conviction of or entry of a plea of guilty or nolo | ||||||
20 | contendere to any crime that is a felony under the laws of | ||||||
21 | the United States
or any
state or territory thereof or
a | ||||||
22 | misdemeanor of which an
essential element is dishonesty or | ||||||
23 | that is directly
related to the practice of the profession | ||||||
24 | of nursing home administration.
| ||||||
25 | (3) Making any misrepresentation for the purpose of |
| |||||||
| |||||||
1 | obtaining
a license,
or violating any provision of this | ||||||
2 | Act.
| ||||||
3 | (4) Immoral conduct in the commission of any act, such | ||||||
4 | as
sexual abuse or
sexual misconduct, related to the | ||||||
5 | licensee's practice.
| ||||||
6 | (5) Failing to respond within 30
days, to a
written | ||||||
7 | request made by the Department for information.
| ||||||
8 | (6) Engaging in dishonorable, unethical or | ||||||
9 | unprofessional
conduct of a
character likely to deceive, | ||||||
10 | defraud or harm the public.
| ||||||
11 | (7) Habitual use or addiction to alcohol, narcotics,
| ||||||
12 | stimulants, or any
other chemical agent or drug which | ||||||
13 | results in the inability to practice
with reasonable | ||||||
14 | judgment, skill or safety.
| ||||||
15 | (8) Discipline by another U.S. jurisdiction if at
least | ||||||
16 | one of the grounds for the discipline is the same or | ||||||
17 | substantially
equivalent to those set forth herein.
| ||||||
18 | (9) A finding by the Department that the licensee, | ||||||
19 | after having
his or her license
placed on probationary | ||||||
20 | status has violated the terms of probation.
| ||||||
21 | (10) Willfully making or filing false records or | ||||||
22 | reports in
his or her
practice,
including but not limited | ||||||
23 | to false records filed with State agencies or
departments.
| ||||||
24 | (11) Physical illness, mental illness, or other | ||||||
25 | impairment or disability, including, but not limited to,
| ||||||
26 | deterioration
through the aging process, or loss of motor |
| |||||||
| |||||||
1 | skill that results in
the
inability to practice the | ||||||
2 | profession with reasonable judgment, skill or safety.
| ||||||
3 | (12) Disregard or violation of this Act or of any rule
| ||||||
4 | issued pursuant to this Act.
| ||||||
5 | (13) Aiding or abetting another in the violation of | ||||||
6 | this Act
or any rule
or regulation issued pursuant to this | ||||||
7 | Act.
| ||||||
8 | (14) Allowing one's license to be used by an unlicensed
| ||||||
9 | person.
| ||||||
10 | (15) (Blank).
| ||||||
11 | (16) Professional incompetence in the practice of | ||||||
12 | nursing
home administration.
| ||||||
13 | (17) Conviction of a violation of Section 12-19 of the
| ||||||
14 | Criminal Code of
1961 for the abuse and gross neglect of a | ||||||
15 | long term care facility resident.
| ||||||
16 | (18) Violation of the Nursing Home Care Act or the | ||||||
17 | MR/DD Community Care Act or of any rule
issued under the | ||||||
18 | Nursing Home Care Act or the MR/DD Community Care Act .
| ||||||
19 | All proceedings to suspend, revoke, place on
probationary | ||||||
20 | status, or take any other disciplinary action
as the Department | ||||||
21 | may deem proper, with regard to a license
on any of the | ||||||
22 | foregoing grounds, must be commenced within
5
years next after | ||||||
23 | receipt by the Department of (i) a
complaint
alleging the | ||||||
24 | commission of or notice of the conviction order
for any of the | ||||||
25 | acts described herein or (ii) a referral for investigation
| ||||||
26 | under
Section 3-108 of the Nursing Home Care Act.
|
| |||||||
| |||||||
1 | The entry of an order or judgment by any circuit court | ||||||
2 | establishing that
any person holding a license under this Act | ||||||
3 | is a person in need of mental
treatment operates as a | ||||||
4 | suspension of that license. That person may resume
their | ||||||
5 | practice only upon the entry of a Department order based upon a
| ||||||
6 | finding by the Board that they have been determined to
be | ||||||
7 | recovered from mental illness by the court and upon the
Board's | ||||||
8 | recommendation that they be permitted to resume their practice.
| ||||||
9 | The Department, upon the recommendation of the
Board, may
| ||||||
10 | adopt rules which set forth
standards to be used in determining | ||||||
11 | what constitutes:
| ||||||
12 | (i)
when a person will be deemed sufficiently
| ||||||
13 | rehabilitated to warrant the public trust;
| ||||||
14 | (ii)
dishonorable, unethical or
unprofessional conduct | ||||||
15 | of a character likely to deceive,
defraud, or harm the | ||||||
16 | public;
| ||||||
17 | (iii)
immoral conduct in the commission
of any act | ||||||
18 | related to the licensee's practice; and
| ||||||
19 | (iv)
professional incompetence in the practice
of | ||||||
20 | nursing home administration.
| ||||||
21 | However, no such rule shall be admissible into evidence
in | ||||||
22 | any civil action except for review of a licensing or
other | ||||||
23 | disciplinary action under this Act.
| ||||||
24 | In enforcing this Section, the Department or Board, upon a | ||||||
25 | showing of a
possible
violation,
may compel any individual | ||||||
26 | licensed to practice under this
Act, or who has applied for |
| |||||||
| |||||||
1 | licensure
pursuant to this Act, to submit to a mental or | ||||||
2 | physical
examination, or both, as required by and at the | ||||||
3 | expense of
the Department. The examining physician or | ||||||
4 | physicians shall
be those specifically designated by the | ||||||
5 | Department or Board.
The Department or Board may order the | ||||||
6 | examining physician to present
testimony
concerning this | ||||||
7 | mental or physical examination of the licensee or applicant. No
| ||||||
8 | information shall be excluded by reason of any common law or | ||||||
9 | statutory
privilege relating to communications between the | ||||||
10 | licensee or applicant and the
examining physician.
The | ||||||
11 | individual to be examined may have, at his or her own
expense, | ||||||
12 | another physician of his or her choice present
during all | ||||||
13 | aspects of the examination. Failure of any
individual to submit | ||||||
14 | to mental or physical examination, when
directed, shall be | ||||||
15 | grounds for suspension of his or her
license until such time as | ||||||
16 | the individual submits to the
examination if the Department | ||||||
17 | finds, after notice
and hearing, that the refusal to submit to | ||||||
18 | the examination
was without reasonable cause.
| ||||||
19 | If the Department or Board
finds an individual unable to | ||||||
20 | practice
because of the reasons
set forth in this Section, the | ||||||
21 | Department or Board shall
require such individual to submit to | ||||||
22 | care, counseling, or
treatment by physicians approved or | ||||||
23 | designated by the
Department or Board, as a condition, term, or | ||||||
24 | restriction for
continued,
reinstated, or renewed licensure to | ||||||
25 | practice; or in lieu of care, counseling,
or
treatment, the | ||||||
26 | Department may file, or the Board may recommend to the
|
| |||||||
| |||||||
1 | Department to
file, a complaint to
immediately suspend, revoke, | ||||||
2 | or otherwise discipline the license of the
individual.
Any | ||||||
3 | individual whose license was granted pursuant to
this Act or | ||||||
4 | continued, reinstated, renewed,
disciplined or supervised, | ||||||
5 | subject to such terms, conditions
or restrictions who shall | ||||||
6 | fail to comply with such terms,
conditions or restrictions
| ||||||
7 | shall be referred to the Secretary
for a
determination as to | ||||||
8 | whether the licensee shall have his or her
license suspended | ||||||
9 | immediately, pending a hearing by the
Department. In instances | ||||||
10 | in which the Secretary
immediately suspends a license under | ||||||
11 | this Section, a hearing
upon such person's license must be | ||||||
12 | convened by the
Board within 30
days after such suspension and
| ||||||
13 | completed without appreciable delay. The Department and Board
| ||||||
14 | shall have the authority to review the subject administrator's
| ||||||
15 | record of treatment and counseling regarding the impairment,
to | ||||||
16 | the extent permitted by applicable federal statutes and
| ||||||
17 | regulations safeguarding the confidentiality of medical | ||||||
18 | records.
| ||||||
19 | An individual licensed under this Act, affected under
this | ||||||
20 | Section, shall be afforded an opportunity to
demonstrate to the | ||||||
21 | Department or Board that he or she can
resume
practice in | ||||||
22 | compliance with acceptable and prevailing
standards under the | ||||||
23 | provisions of his or her license.
| ||||||
24 | (b) Any individual or
organization acting in good faith, | ||||||
25 | and not in a wilful and
wanton manner, in complying with this | ||||||
26 | Act by providing any
report or other information to the |
| |||||||
| |||||||
1 | Department, or
assisting in the investigation or preparation of | ||||||
2 | such
information, or by participating in proceedings of the
| ||||||
3 | Department, or by serving as a member of the
Board, shall not, | ||||||
4 | as a result of such actions,
be subject to criminal prosecution | ||||||
5 | or civil damages.
| ||||||
6 | (c) Members of the Board, and persons
retained under | ||||||
7 | contract to assist and advise in an investigation,
shall be | ||||||
8 | indemnified by the State for any actions
occurring within the | ||||||
9 | scope of services on or for the Board, done in good
faith
and | ||||||
10 | not wilful and wanton in
nature. The Attorney General shall | ||||||
11 | defend all such actions
unless he or she determines either that | ||||||
12 | there would be a
conflict of interest in such representation or | ||||||
13 | that the
actions complained of were not in good faith or were | ||||||
14 | wilful and wanton.
| ||||||
15 | Should the Attorney General decline representation,
a | ||||||
16 | person entitled to indemnification under this Section shall | ||||||
17 | have the
right to employ counsel of his or her
choice, whose | ||||||
18 | fees shall be provided by the State, after
approval by the | ||||||
19 | Attorney General, unless there is a
determination by a court | ||||||
20 | that the member's actions were not
in good faith or were wilful | ||||||
21 | and wanton.
| ||||||
22 | A person entitled to indemnification under this
Section | ||||||
23 | must notify the Attorney General within 7
days of receipt of | ||||||
24 | notice of the initiation of any action
involving services of | ||||||
25 | the Board. Failure to so
notify the Attorney General shall | ||||||
26 | constitute an absolute
waiver of the right to a defense and |
| |||||||
| |||||||
1 | indemnification.
| ||||||
2 | The Attorney General shall determine within 7 days
after | ||||||
3 | receiving such notice, whether he or she will undertake to | ||||||
4 | represent
a
person entitled to indemnification under this | ||||||
5 | Section.
| ||||||
6 | (d) The determination by a circuit court that a licensee is | ||||||
7 | subject to
involuntary admission or judicial admission as | ||||||
8 | provided in the Mental
Health and Developmental Disabilities | ||||||
9 | Code, as amended, operates as an
automatic suspension. Such | ||||||
10 | suspension will end only upon a finding by a
court that the | ||||||
11 | patient is no longer subject to involuntary admission or
| ||||||
12 | judicial admission and issues an order so finding and | ||||||
13 | discharging the
patient; and upon the recommendation of the | ||||||
14 | Board to the Secretary
that
the licensee be allowed to resume | ||||||
15 | his or her practice.
| ||||||
16 | (e) The Department may refuse to issue or may suspend the | ||||||
17 | license of
any person who fails to file a return, or to pay the | ||||||
18 | tax, penalty or
interest shown in a filed return, or to pay any | ||||||
19 | final assessment of tax,
penalty or interest, as required by | ||||||
20 | any tax Act administered by the Department of Revenue, until | ||||||
21 | such time as the requirements of any
such tax Act are | ||||||
22 | satisfied.
| ||||||
23 | (f) The Department of Public Health shall transmit to the
| ||||||
24 | Department a list of those facilities which receive an "A" | ||||||
25 | violation as
defined in Section 1-129 of the Nursing Home Care | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-703, eff. 12-31-07.)
| ||||||
2 | Section 90-140. The Pharmacy Practice Act is amended by | ||||||
3 | changing Section 3 as follows:
| ||||||
4 | (225 ILCS 85/3) (from Ch. 111, par. 4123)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
6 | Sec. 3. Definitions. For the purpose of this Act, except | ||||||
7 | where otherwise
limited therein:
| ||||||
8 | (a) "Pharmacy" or "drugstore" means and includes every | ||||||
9 | store, shop,
pharmacy department, or other place where | ||||||
10 | pharmacist
care is
provided
by a pharmacist (1) where drugs, | ||||||
11 | medicines, or poisons are
dispensed, sold or
offered for sale | ||||||
12 | at retail, or displayed for sale at retail; or
(2)
where
| ||||||
13 | prescriptions of physicians, dentists, advanced practice | ||||||
14 | nurses, physician assistants, veterinarians, podiatrists, or
| ||||||
15 | optometrists, within the limits of their
licenses, are
| ||||||
16 | compounded, filled, or dispensed; or (3) which has upon it or
| ||||||
17 | displayed within
it, or affixed to or used in connection with | ||||||
18 | it, a sign bearing the word or
words "Pharmacist", "Druggist", | ||||||
19 | "Pharmacy", "Pharmaceutical
Care", "Apothecary", "Drugstore",
| ||||||
20 | "Medicine Store", "Prescriptions", "Drugs", "Dispensary", | ||||||
21 | "Medicines", or any word
or words of similar or like import, | ||||||
22 | either in the English language
or any other language; or (4) | ||||||
23 | where the characteristic prescription
sign (Rx) or similar | ||||||
24 | design is exhibited; or (5) any store, or
shop,
or other place |
| |||||||
| |||||||
1 | with respect to which any of the above words, objects,
signs or | ||||||
2 | designs are used in any advertisement.
| ||||||
3 | (b) "Drugs" means and includes (l) articles recognized
in | ||||||
4 | the official United States Pharmacopoeia/National Formulary | ||||||
5 | (USP/NF),
or any supplement thereto and being intended for and | ||||||
6 | having for their
main use the diagnosis, cure, mitigation, | ||||||
7 | treatment or prevention of
disease in man or other animals, as | ||||||
8 | approved by the United States Food and
Drug Administration, but | ||||||
9 | does not include devices or their components, parts,
or | ||||||
10 | accessories; and (2) all other articles intended
for and having | ||||||
11 | for their main use the diagnosis, cure, mitigation,
treatment | ||||||
12 | or prevention of disease in man or other animals, as approved
| ||||||
13 | by the United States Food and Drug Administration, but does not | ||||||
14 | include
devices or their components, parts, or accessories; and | ||||||
15 | (3) articles
(other than food) having for their main use and | ||||||
16 | intended
to affect the structure or any function of the body of | ||||||
17 | man or other
animals; and (4) articles having for their main | ||||||
18 | use and intended
for use as a component or any articles | ||||||
19 | specified in clause (l), (2)
or (3); but does not include | ||||||
20 | devices or their components, parts or
accessories.
| ||||||
21 | (c) "Medicines" means and includes all drugs intended for
| ||||||
22 | human or veterinary use approved by the United States Food and | ||||||
23 | Drug
Administration.
| ||||||
24 | (d) "Practice of pharmacy" means (1) the interpretation and | ||||||
25 | the provision of assistance in the monitoring, evaluation, and | ||||||
26 | implementation of prescription drug orders; (2) the dispensing |
| |||||||
| |||||||
1 | of prescription drug orders; (3) participation in drug and | ||||||
2 | device selection; (4) drug administration limited to the | ||||||
3 | administration of oral, topical, injectable, and inhalation as | ||||||
4 | follows: in the context of patient education on the proper use | ||||||
5 | or delivery of medications; vaccination of patients 14 years of | ||||||
6 | age and older pursuant to a valid prescription or standing | ||||||
7 | order, by a physician licensed to practice medicine in all its | ||||||
8 | branches, upon completion of appropriate training, including | ||||||
9 | how to address contraindications and adverse reactions set | ||||||
10 | forth by rule, with notification to the patient's physician and | ||||||
11 | appropriate record retention, or pursuant to hospital pharmacy | ||||||
12 | and therapeutics committee policies and procedures; (5) drug | ||||||
13 | regimen review; (6) drug or drug-related research; (7) the | ||||||
14 | provision of patient counseling; (8) the practice of | ||||||
15 | telepharmacy; (9) the provision of those acts or services | ||||||
16 | necessary to provide pharmacist care; (10) medication therapy | ||||||
17 | management; and (11) the responsibility for compounding and | ||||||
18 | labeling of drugs and devices (except labeling by a | ||||||
19 | manufacturer, repackager, or distributor of non-prescription | ||||||
20 | drugs and commercially packaged legend drugs and devices), | ||||||
21 | proper and safe storage of drugs and devices, and maintenance | ||||||
22 | of required records. A pharmacist who performs any of the acts | ||||||
23 | defined as the practice of pharmacy in this State must be | ||||||
24 | actively licensed as a pharmacist under this Act.
| ||||||
25 | (e) "Prescription" means and includes any written, oral, | ||||||
26 | facsimile, or
electronically transmitted order for drugs
or |
| |||||||
| |||||||
1 | medical devices, issued by a physician licensed to practice | ||||||
2 | medicine in
all its branches, dentist, veterinarian, or | ||||||
3 | podiatrist, or
optometrist, within the
limits of their | ||||||
4 | licenses, by a physician assistant in accordance with
| ||||||
5 | subsection (f) of Section 4, or by an advanced practice nurse | ||||||
6 | in
accordance with subsection (g) of Section 4, containing the
| ||||||
7 | following: (l) name
of the patient; (2) date when prescription | ||||||
8 | was issued; (3) name
and strength of drug or description of the | ||||||
9 | medical device prescribed;
and (4) quantity, (5) directions for | ||||||
10 | use, (6) prescriber's name,
address
and signature, and (7) DEA | ||||||
11 | number where required, for controlled
substances.
DEA numbers | ||||||
12 | shall not be required on inpatient drug orders.
| ||||||
13 | (f) "Person" means and includes a natural person, | ||||||
14 | copartnership,
association, corporation, government entity, or | ||||||
15 | any other legal
entity.
| ||||||
16 | (g) "Department" means the Department of Financial and
| ||||||
17 | Professional Regulation.
| ||||||
18 | (h) "Board of Pharmacy" or "Board" means the State Board
of | ||||||
19 | Pharmacy of the Department of Financial and Professional | ||||||
20 | Regulation.
| ||||||
21 | (i) "Secretary"
means the Secretary
of Financial and | ||||||
22 | Professional Regulation.
| ||||||
23 | (j) "Drug product selection" means the interchange for a
| ||||||
24 | prescribed pharmaceutical product in accordance with Section | ||||||
25 | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | ||||||
26 | Cosmetic Act.
|
| |||||||
| |||||||
1 | (k) "Inpatient drug order" means an order issued by an | ||||||
2 | authorized
prescriber for a resident or patient of a facility | ||||||
3 | licensed under the
Nursing Home Care Act , the MR/DD Community | ||||||
4 | Care Act, or the Hospital Licensing Act, or "An Act in relation | ||||||
5 | to
the founding and operation of the University of Illinois | ||||||
6 | Hospital and the
conduct of University of Illinois health care | ||||||
7 | programs", approved July 3, 1931,
as amended, or a facility | ||||||
8 | which is operated by the Department of Human
Services (as | ||||||
9 | successor to the Department of Mental Health
and Developmental | ||||||
10 | Disabilities) or the Department of Corrections.
| ||||||
11 | (k-5) "Pharmacist" means an individual health care | ||||||
12 | professional and
provider currently licensed by this State to | ||||||
13 | engage in the practice of
pharmacy.
| ||||||
14 | (l) "Pharmacist in charge" means the licensed pharmacist | ||||||
15 | whose name appears
on a pharmacy license and who is responsible | ||||||
16 | for all aspects of the
operation related to the practice of | ||||||
17 | pharmacy.
| ||||||
18 | (m) "Dispense" or "dispensing" means the interpretation, | ||||||
19 | evaluation, and implementation of a prescription drug order, | ||||||
20 | including the preparation and delivery of a drug or device to a | ||||||
21 | patient or patient's agent in a suitable container | ||||||
22 | appropriately labeled for subsequent administration to or use | ||||||
23 | by a patient in accordance with applicable State and federal | ||||||
24 | laws and regulations.
"Dispense" or "dispensing" does not mean | ||||||
25 | the physical delivery to a patient or a
patient's | ||||||
26 | representative in a home or institution by a designee of a |
| |||||||
| |||||||
1 | pharmacist
or by common carrier. "Dispense" or "dispensing" | ||||||
2 | also does not mean the physical delivery
of a drug or medical | ||||||
3 | device to a patient or patient's representative by a
| ||||||
4 | pharmacist's designee within a pharmacy or drugstore while the | ||||||
5 | pharmacist is
on duty and the pharmacy is open.
| ||||||
6 | (n) "Nonresident pharmacy"
means a pharmacy that is located | ||||||
7 | in a state, commonwealth, or territory
of the United States, | ||||||
8 | other than Illinois, that delivers, dispenses, or
distributes, | ||||||
9 | through the United States Postal Service, commercially | ||||||
10 | acceptable parcel delivery service, or other common
carrier, to | ||||||
11 | Illinois residents, any substance which requires a | ||||||
12 | prescription.
| ||||||
13 | (o) "Compounding" means the preparation and mixing of | ||||||
14 | components, excluding flavorings, (1) as the result of a | ||||||
15 | prescriber's prescription drug order or initiative based on the | ||||||
16 | prescriber-patient-pharmacist relationship in the course of | ||||||
17 | professional practice or (2) for the purpose of, or incident | ||||||
18 | to, research, teaching, or chemical analysis and not for sale | ||||||
19 | or dispensing. "Compounding" includes the preparation of drugs | ||||||
20 | or devices in anticipation of receiving prescription drug | ||||||
21 | orders based on routine, regularly observed dispensing | ||||||
22 | patterns. Commercially available products may be compounded | ||||||
23 | for dispensing to individual patients only if all of the | ||||||
24 | following conditions are met: (i) the commercial product is not | ||||||
25 | reasonably available from normal distribution channels in a | ||||||
26 | timely manner to meet the patient's needs and (ii) the |
| |||||||
| |||||||
1 | prescribing practitioner has requested that the drug be | ||||||
2 | compounded.
| ||||||
3 | (p) (Blank).
| ||||||
4 | (q) (Blank).
| ||||||
5 | (r) "Patient counseling" means the communication between a | ||||||
6 | pharmacist or a pharmacy intern under the supervision of a | ||||||
7 | pharmacist and a patient or the patient's representative about | ||||||
8 | the patient's medication or device for the purpose of | ||||||
9 | optimizing proper use of prescription medications or devices. | ||||||
10 | "Patient counseling" may include without limitation (1) | ||||||
11 | obtaining a medication history; (2) acquiring a patient's | ||||||
12 | allergies and health conditions; (3) facilitation of the | ||||||
13 | patient's understanding of the intended use of the medication; | ||||||
14 | (4) proper directions for use; (5) significant potential | ||||||
15 | adverse events; (6) potential food-drug interactions; and (7) | ||||||
16 | the need to be compliant with the medication therapy. A | ||||||
17 | pharmacy technician may only participate in the following | ||||||
18 | aspects of patient counseling under the supervision of a | ||||||
19 | pharmacist: (1) obtaining medication history; (2) providing | ||||||
20 | the offer for counseling by a pharmacist or intern; and (3) | ||||||
21 | acquiring a patient's allergies and health conditions.
| ||||||
22 | (s) "Patient profiles" or "patient drug therapy record" | ||||||
23 | means the
obtaining, recording, and maintenance of patient | ||||||
24 | prescription
information, including prescriptions for | ||||||
25 | controlled substances, and
personal information.
| ||||||
26 | (t) (Blank).
|
| |||||||
| |||||||
1 | (u) "Medical device" means an instrument, apparatus, | ||||||
2 | implement, machine,
contrivance, implant, in vitro reagent, or | ||||||
3 | other similar or related article,
including any component part | ||||||
4 | or accessory, required under federal law to
bear the label | ||||||
5 | "Caution: Federal law requires dispensing by or on the order
of | ||||||
6 | a physician". A seller of goods and services who, only for the | ||||||
7 | purpose of
retail sales, compounds, sells, rents, or leases | ||||||
8 | medical devices shall not,
by reasons thereof, be required to | ||||||
9 | be a licensed pharmacy.
| ||||||
10 | (v) "Unique identifier" means an electronic signature, | ||||||
11 | handwritten
signature or initials, thumb print, or other | ||||||
12 | acceptable biometric
or electronic identification process as | ||||||
13 | approved by the Department.
| ||||||
14 | (w) "Current usual and customary retail price" means the | ||||||
15 | price that a pharmacy charges to a non-third-party payor
.
| ||||||
16 | (x) "Automated pharmacy system" means a mechanical system | ||||||
17 | located within the confines of the pharmacy or remote location | ||||||
18 | that performs operations or activities, other than compounding | ||||||
19 | or administration, relative to storage, packaging, dispensing, | ||||||
20 | or distribution of medication, and which collects, controls, | ||||||
21 | and maintains all transaction information. | ||||||
22 | (y) "Drug regimen review" means and includes the evaluation | ||||||
23 | of prescription drug orders and patient records for (1)
known | ||||||
24 | allergies; (2) drug or potential therapy contraindications;
| ||||||
25 | (3) reasonable dose, duration of use, and route of | ||||||
26 | administration, taking into consideration factors such as age, |
| |||||||
| |||||||
1 | gender, and contraindications; (4) reasonable directions for | ||||||
2 | use; (5) potential or actual adverse drug reactions; (6) | ||||||
3 | drug-drug interactions; (7) drug-food interactions; (8) | ||||||
4 | drug-disease contraindications; (9) therapeutic duplication; | ||||||
5 | (10) patient laboratory values when authorized and available; | ||||||
6 | (11) proper utilization (including over or under utilization) | ||||||
7 | and optimum therapeutic outcomes; and (12) abuse and misuse.
| ||||||
8 | (z) "Electronic transmission prescription" means any | ||||||
9 | prescription order for which a facsimile or electronic image of | ||||||
10 | the order is electronically transmitted from a licensed | ||||||
11 | prescriber to a pharmacy. "Electronic transmission | ||||||
12 | prescription" includes both data and image prescriptions.
| ||||||
13 | (aa) "Medication therapy management services" means a | ||||||
14 | distinct service or group of services offered by licensed | ||||||
15 | pharmacists, physicians licensed to practice medicine in all | ||||||
16 | its branches, advanced practice nurses authorized in a written | ||||||
17 | agreement with a physician licensed to practice medicine in all | ||||||
18 | its branches, or physician assistants authorized in guidelines | ||||||
19 | by a supervising physician that optimize therapeutic outcomes | ||||||
20 | for individual patients through improved medication use. In a | ||||||
21 | retail or other non-hospital pharmacy, medication therapy | ||||||
22 | management services shall consist of the evaluation of | ||||||
23 | prescription drug orders and patient medication records to | ||||||
24 | resolve conflicts with the following: | ||||||
25 | (1) known allergies; | ||||||
26 | (2) drug or potential therapy contraindications; |
| |||||||
| |||||||
1 | (3) reasonable dose, duration of use, and route of | ||||||
2 | administration, taking into consideration factors such as | ||||||
3 | age, gender, and contraindications; | ||||||
4 | (4) reasonable directions for use; | ||||||
5 | (5) potential or actual adverse drug reactions; | ||||||
6 | (6) drug-drug interactions; | ||||||
7 | (7) drug-food interactions; | ||||||
8 | (8) drug-disease contraindications; | ||||||
9 | (9) identification of therapeutic duplication; | ||||||
10 | (10) patient laboratory values when authorized and | ||||||
11 | available; | ||||||
12 | (11) proper utilization (including over or under | ||||||
13 | utilization) and optimum therapeutic outcomes; and | ||||||
14 | (12) drug abuse and misuse. | ||||||
15 | "Medication therapy management services" includes the | ||||||
16 | following: | ||||||
17 | (1) documenting the services delivered and | ||||||
18 | communicating the information provided to patients' | ||||||
19 | prescribers within an appropriate time frame, not to exceed | ||||||
20 | 48 hours; | ||||||
21 | (2) providing patient counseling designed to enhance a | ||||||
22 | patient's understanding and the appropriate use of his or | ||||||
23 | her medications; and | ||||||
24 | (3) providing information, support services, and | ||||||
25 | resources designed to enhance a patient's adherence with | ||||||
26 | his or her prescribed therapeutic regimens.
|
| |||||||
| |||||||
1 | "Medication therapy management services" may also include | ||||||
2 | patient care functions authorized by a physician licensed to | ||||||
3 | practice medicine in all its branches for his or her identified | ||||||
4 | patient or groups of patients under specified conditions or | ||||||
5 | limitations in a standing order from the physician. | ||||||
6 | "Medication therapy management services" in a licensed | ||||||
7 | hospital may also include the following: | ||||||
8 | (1) reviewing assessments of the patient's health | ||||||
9 | status; and | ||||||
10 | (2) following protocols of a hospital pharmacy and | ||||||
11 | therapeutics committee with respect to the fulfillment of | ||||||
12 | medication orders.
| ||||||
13 | (bb) "Pharmacist care" means the provision by a pharmacist | ||||||
14 | of medication therapy management services, with or without the | ||||||
15 | dispensing of drugs or devices, intended to achieve outcomes | ||||||
16 | that improve patient health, quality of life, and comfort and | ||||||
17 | enhance patient safety.
| ||||||
18 | (cc) "Protected health information" means individually | ||||||
19 | identifiable health information that, except as otherwise | ||||||
20 | provided, is:
| ||||||
21 | (1) transmitted by electronic media; | ||||||
22 | (2) maintained in any medium set forth in the | ||||||
23 | definition of "electronic media" in the federal Health | ||||||
24 | Insurance Portability and Accountability Act; or | ||||||
25 | (3) transmitted or maintained in any other form or | ||||||
26 | medium. |
| |||||||
| |||||||
1 | "Protected health information" does not include individually | ||||||
2 | identifiable health information found in: | ||||||
3 | (1) education records covered by the federal | ||||||
4 | Family Educational Right and Privacy Act; or | ||||||
5 | (2) employment records held by a licensee in its | ||||||
6 | role as an employer. | ||||||
7 | (dd) "Standing order" means a specific order for a patient | ||||||
8 | or group of patients issued by a physician licensed to practice | ||||||
9 | medicine in all its branches in Illinois. | ||||||
10 | (ee) "Address of record" means the address recorded by the | ||||||
11 | Department in the applicant's or licensee's application file or | ||||||
12 | license file, as maintained by the Department's licensure | ||||||
13 | maintenance unit. | ||||||
14 | (ff) "Home pharmacy" means the location of a pharmacy's | ||||||
15 | primary operations.
| ||||||
16 | (Source: P.A. 94-459, eff. 1-1-06; 95-689, eff. 10-29-07.)
| ||||||
17 | Section 90-145. The Nurse Agency Licensing Act is amended | ||||||
18 | by changing Section 3 as follows:
| ||||||
19 | (225 ILCS 510/3) (from Ch. 111, par. 953)
| ||||||
20 | Sec. 3. Definitions. As used in this Act:
| ||||||
21 | (a) "Certified nurse aide" means an individual certified as | ||||||
22 | defined in
Section 3-206 of the Nursing Home Care Act or | ||||||
23 | Section 3-206 of the MR/DD Community Care Act , as now or | ||||||
24 | hereafter amended.
|
| |||||||
| |||||||
1 | (b) "Department" means the Department of Labor.
| ||||||
2 | (c) "Director" means the Director of Labor.
| ||||||
3 | (d) "Health care facility" is defined as in Section 3 of | ||||||
4 | the Illinois
Health Facilities Planning Act, as now or | ||||||
5 | hereafter amended.
| ||||||
6 | (e) "Licensee" means any nursing agency which is properly | ||||||
7 | licensed under
this Act.
| ||||||
8 | (f) "Nurse" means a registered nurse or a licensed | ||||||
9 | practical nurse as
defined in the Nurse Practice Act.
| ||||||
10 | (g) "Nurse agency" means any individual, firm, | ||||||
11 | corporation,
partnership or other legal entity that employs, | ||||||
12 | assigns or refers nurses
or certified nurse aides to a health | ||||||
13 | care facility for a
fee. The term "nurse agency" includes | ||||||
14 | nurses registries. The term "nurse
agency" does not include | ||||||
15 | services provided by home
health agencies licensed and operated | ||||||
16 | under the Home Health, Home Services, and Home Nursing Agency
| ||||||
17 | Licensing Act or a licensed or certified
individual who | ||||||
18 | provides his or her own services as a regular employee of a
| ||||||
19 | health care facility, nor does it apply to a health care | ||||||
20 | facility's
organizing nonsalaried employees to provide | ||||||
21 | services only in that
facility.
| ||||||
22 | (Source: P.A. 94-379, eff. 1-1-06; 95-639, eff. 10-5-07.)
| ||||||
23 | Section 90-150. The Illinois Public Aid Code is amended by | ||||||
24 | changing Sections 5-5.4, 5-5.7, 5-6, 5B-1, 5B-8, 5E-5, and | ||||||
25 | 8A-11 as follows: |
| |||||||
| |||||||
1 | (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
| ||||||
2 | Sec. 5-5.4. Standards of Payment - Department of Healthcare | ||||||
3 | and Family Services.
The Department of Healthcare and Family | ||||||
4 | Services shall develop standards of payment of skilled
nursing | ||||||
5 | and intermediate care services in facilities providing such | ||||||
6 | services
under this Article which:
| ||||||
7 | (1) Provide for the determination of a facility's payment
| ||||||
8 | for skilled nursing and intermediate care services on a | ||||||
9 | prospective basis.
The amount of the payment rate for all | ||||||
10 | nursing facilities certified by the
Department of Public Health | ||||||
11 | under the MR/DD Community Care Act or the Nursing Home Care Act | ||||||
12 | as Intermediate
Care for the Developmentally Disabled | ||||||
13 | facilities, Long Term Care for Under Age
22 facilities, Skilled | ||||||
14 | Nursing facilities, or Intermediate Care facilities
under the
| ||||||
15 | medical assistance program shall be prospectively established | ||||||
16 | annually on the
basis of historical, financial, and statistical | ||||||
17 | data reflecting actual costs
from prior years, which shall be | ||||||
18 | applied to the current rate year and updated
for inflation, | ||||||
19 | except that the capital cost element for newly constructed
| ||||||
20 | facilities shall be based upon projected budgets. The annually | ||||||
21 | established
payment rate shall take effect on July 1 in 1984 | ||||||
22 | and subsequent years. No rate
increase and no
update for | ||||||
23 | inflation shall be provided on or after July 1, 1994 and before
| ||||||
24 | July 1, 2009, unless specifically provided for in this
Section.
| ||||||
25 | The changes made by Public Act 93-841
extending the duration of |
| |||||||
| |||||||
1 | the prohibition against a rate increase or update for inflation | ||||||
2 | are effective retroactive to July 1, 2004.
| ||||||
3 | For facilities licensed by the Department of Public Health | ||||||
4 | under the Nursing
Home Care Act as Intermediate Care for the | ||||||
5 | Developmentally Disabled facilities
or Long Term Care for Under | ||||||
6 | Age 22 facilities, the rates taking effect on July
1, 1998 | ||||||
7 | shall include an increase of 3%. For facilities licensed by the
| ||||||
8 | Department of Public Health under the Nursing Home Care Act as | ||||||
9 | Skilled Nursing
facilities or Intermediate Care facilities, | ||||||
10 | the rates taking effect on July 1,
1998 shall include an | ||||||
11 | increase of 3% plus $1.10 per resident-day, as defined by
the | ||||||
12 | Department. For facilities licensed by the Department of Public | ||||||
13 | Health under the Nursing Home Care Act as Intermediate Care | ||||||
14 | Facilities for the Developmentally Disabled or Long Term Care | ||||||
15 | for Under Age 22 facilities, the rates taking effect on January | ||||||
16 | 1, 2006 shall include an increase of 3%.
For facilities | ||||||
17 | licensed by the Department of Public Health under the Nursing | ||||||
18 | Home Care Act as Intermediate Care Facilities for the | ||||||
19 | Developmentally Disabled or Long Term Care for Under Age 22 | ||||||
20 | facilities, the rates taking effect on January 1, 2009 shall | ||||||
21 | include an increase sufficient to provide a $0.50 per hour wage | ||||||
22 | increase for non-executive staff.
| ||||||
23 | For facilities licensed by the Department of Public Health | ||||||
24 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
25 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
26 | Age 22 facilities, the rates taking
effect on July 1, 1999 |
| |||||||
| |||||||
1 | shall include an increase of 1.6% plus $3.00 per
resident-day, | ||||||
2 | as defined by the Department. For facilities licensed by the
| ||||||
3 | Department of Public Health under the Nursing Home Care Act as | ||||||
4 | Skilled Nursing
facilities or Intermediate Care facilities, | ||||||
5 | the rates taking effect on July 1,
1999 shall include an | ||||||
6 | increase of 1.6% and, for services provided on or after
October | ||||||
7 | 1, 1999, shall be increased by $4.00 per resident-day, as | ||||||
8 | defined by
the Department.
| ||||||
9 | For facilities licensed by the Department of Public Health | ||||||
10 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
11 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
12 | Age 22 facilities, the rates taking
effect on July 1, 2000 | ||||||
13 | shall include an increase of 2.5% per resident-day,
as defined | ||||||
14 | by the Department. For facilities licensed by the Department of
| ||||||
15 | Public Health under the Nursing Home Care Act as Skilled | ||||||
16 | Nursing facilities or
Intermediate Care facilities, the rates | ||||||
17 | taking effect on July 1, 2000 shall
include an increase of 2.5% | ||||||
18 | per resident-day, as defined by the Department.
| ||||||
19 | For facilities licensed by the Department of Public Health | ||||||
20 | under the
Nursing Home Care Act as skilled nursing facilities | ||||||
21 | or intermediate care
facilities, a new payment methodology must | ||||||
22 | be implemented for the nursing
component of the rate effective | ||||||
23 | July 1, 2003. The Department of Public Aid
(now Healthcare and | ||||||
24 | Family Services) shall develop the new payment methodology | ||||||
25 | using the Minimum Data Set
(MDS) as the instrument to collect | ||||||
26 | information concerning nursing home
resident condition |
| |||||||
| |||||||
1 | necessary to compute the rate. The Department
shall develop the | ||||||
2 | new payment methodology to meet the unique needs of
Illinois | ||||||
3 | nursing home residents while remaining subject to the | ||||||
4 | appropriations
provided by the General Assembly.
A transition | ||||||
5 | period from the payment methodology in effect on June 30, 2003
| ||||||
6 | to the payment methodology in effect on July 1, 2003 shall be | ||||||
7 | provided for a
period not exceeding 3 years and 184 days after | ||||||
8 | implementation of the new payment
methodology as follows:
| ||||||
9 | (A) For a facility that would receive a lower
nursing | ||||||
10 | component rate per patient day under the new system than | ||||||
11 | the facility
received
effective on the date immediately | ||||||
12 | preceding the date that the Department
implements the new | ||||||
13 | payment methodology, the nursing component rate per | ||||||
14 | patient
day for the facility
shall be held at
the level in | ||||||
15 | effect on the date immediately preceding the date that the
| ||||||
16 | Department implements the new payment methodology until a | ||||||
17 | higher nursing
component rate of
reimbursement is achieved | ||||||
18 | by that
facility.
| ||||||
19 | (B) For a facility that would receive a higher nursing | ||||||
20 | component rate per
patient day under the payment | ||||||
21 | methodology in effect on July 1, 2003 than the
facility | ||||||
22 | received effective on the date immediately preceding the | ||||||
23 | date that the
Department implements the new payment | ||||||
24 | methodology, the nursing component rate
per patient day for | ||||||
25 | the facility shall be adjusted.
| ||||||
26 | (C) Notwithstanding paragraphs (A) and (B), the |
| |||||||
| |||||||
1 | nursing component rate per
patient day for the facility | ||||||
2 | shall be adjusted subject to appropriations
provided by the | ||||||
3 | General Assembly.
| ||||||
4 | For facilities licensed by the Department of Public Health | ||||||
5 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
6 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
7 | Age 22 facilities, the rates taking
effect on March 1, 2001 | ||||||
8 | shall include a statewide increase of 7.85%, as
defined by the | ||||||
9 | Department.
| ||||||
10 | Notwithstanding any other provision of this Section, for | ||||||
11 | facilities licensed by the Department of Public Health under | ||||||
12 | the
Nursing Home Care Act as skilled nursing facilities or | ||||||
13 | intermediate care
facilities, the numerator of the ratio used | ||||||
14 | by the Department of Healthcare and Family Services to compute | ||||||
15 | the rate payable under this Section using the Minimum Data Set | ||||||
16 | (MDS) methodology shall incorporate the following annual | ||||||
17 | amounts as the additional funds appropriated to the Department | ||||||
18 | specifically to pay for rates based on the MDS nursing | ||||||
19 | component methodology in excess of the funding in effect on | ||||||
20 | December 31, 2006: | ||||||
21 | (i) For rates taking effect January 1, 2007, | ||||||
22 | $60,000,000. | ||||||
23 | (ii) For rates taking effect January 1, 2008, | ||||||
24 | $110,000,000. | ||||||
25 | (iii) For rates taking effect January 1, 2009, | ||||||
26 | $194,000,000. |
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Section, for | ||||||
2 | facilities licensed by the Department of Public Health under | ||||||
3 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
4 | intermediate care facilities, the support component of the | ||||||
5 | rates taking effect on January 1, 2008 shall be computed using | ||||||
6 | the most recent cost reports on file with the Department of | ||||||
7 | Healthcare and Family Services no later than April 1, 2005, | ||||||
8 | updated for inflation to January 1, 2006. | ||||||
9 | For facilities licensed by the Department of Public Health | ||||||
10 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
11 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
12 | Age 22 facilities, the rates taking
effect on April 1, 2002 | ||||||
13 | shall include a statewide increase of 2.0%, as
defined by the | ||||||
14 | Department.
This increase terminates on July 1, 2002;
beginning | ||||||
15 | July 1, 2002 these rates are reduced to the level of the rates
| ||||||
16 | in effect on March 31, 2002, as defined by the Department.
| ||||||
17 | For facilities licensed by the Department of Public Health | ||||||
18 | under the
Nursing Home Care Act as skilled nursing facilities | ||||||
19 | or intermediate care
facilities, the rates taking effect on | ||||||
20 | July 1, 2001 shall be computed using the most recent cost | ||||||
21 | reports
on file with the Department of Public Aid no later than | ||||||
22 | April 1, 2000,
updated for inflation to January 1, 2001. For | ||||||
23 | rates effective July 1, 2001
only, rates shall be the greater | ||||||
24 | of the rate computed for July 1, 2001
or the rate effective on | ||||||
25 | June 30, 2001.
| ||||||
26 | Notwithstanding any other provision of this Section, for |
| |||||||
| |||||||
1 | facilities
licensed by the Department of Public Health under | ||||||
2 | the Nursing Home Care Act
as skilled nursing facilities or | ||||||
3 | intermediate care facilities, the Illinois
Department shall | ||||||
4 | determine by rule the rates taking effect on July 1, 2002,
| ||||||
5 | which shall be 5.9% less than the rates in effect on June 30, | ||||||
6 | 2002.
| ||||||
7 | Notwithstanding any other provision of this Section, for | ||||||
8 | facilities
licensed by the Department of Public Health under | ||||||
9 | the Nursing Home Care Act as
skilled nursing
facilities or | ||||||
10 | intermediate care facilities, if the payment methodologies | ||||||
11 | required under Section 5A-12 and the waiver granted under 42 | ||||||
12 | CFR 433.68 are approved by the United States Centers for | ||||||
13 | Medicare and Medicaid Services, the rates taking effect on July | ||||||
14 | 1, 2004 shall be 3.0% greater than the rates in effect on June | ||||||
15 | 30, 2004. These rates shall take
effect only upon approval and
| ||||||
16 | implementation of the payment methodologies required under | ||||||
17 | Section 5A-12.
| ||||||
18 | Notwithstanding any other provisions of this Section, for | ||||||
19 | facilities licensed by the Department of Public Health under | ||||||
20 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
21 | intermediate care facilities, the rates taking effect on | ||||||
22 | January 1, 2005 shall be 3% more than the rates in effect on | ||||||
23 | December 31, 2004.
| ||||||
24 | Notwithstanding any other provision of this Section, for | ||||||
25 | facilities licensed by the Department of Public Health under | ||||||
26 | the Nursing Home Care Act as skilled nursing facilities or |
| |||||||
| |||||||
1 | intermediate care facilities, effective January 1, 2009, the | ||||||
2 | per diem support component of the rates effective on January 1, | ||||||
3 | 2008, computed using the most recent cost reports on file with | ||||||
4 | the Department of Healthcare and Family Services no later than | ||||||
5 | April 1, 2005, updated for inflation to January 1, 2006, shall | ||||||
6 | be increased to the amount that would have been derived using | ||||||
7 | standard Department of Healthcare and Family Services methods, | ||||||
8 | procedures, and inflators. | ||||||
9 | Notwithstanding any other provisions of this Section, for | ||||||
10 | facilities licensed by the Department of Public Health under | ||||||
11 | the Nursing Home Care Act as intermediate care facilities that | ||||||
12 | are federally defined as Institutions for Mental Disease, a | ||||||
13 | socio-development component rate equal to 6.6% of the | ||||||
14 | facility's nursing component rate as of January 1, 2006 shall | ||||||
15 | be established and paid effective July 1, 2006. The | ||||||
16 | socio-development component of the rate shall be increased by a | ||||||
17 | factor of 2.53 on the first day of the month that begins at | ||||||
18 | least 45 days after January 11, 2008 (the effective date of | ||||||
19 | Public Act 95-707). As of August 1, 2008, the socio-development | ||||||
20 | component rate shall be equal to 6.6% of the facility's nursing | ||||||
21 | component rate as of January 1, 2006, multiplied by a factor of | ||||||
22 | 3.53. The Illinois Department may by rule adjust these | ||||||
23 | socio-development component rates, but in no case may such | ||||||
24 | rates be diminished.
| ||||||
25 | For facilities
licensed
by the
Department of Public Health | ||||||
26 | under the Nursing Home Care Act as Intermediate
Care for
the |
| |||||||
| |||||||
1 | Developmentally Disabled facilities or as long-term care | ||||||
2 | facilities for
residents under 22 years of age, the rates | ||||||
3 | taking effect on July 1,
2003 shall
include a statewide | ||||||
4 | increase of 4%, as defined by the Department.
| ||||||
5 | For facilities licensed by the Department of Public Health | ||||||
6 | under the
Nursing Home Care Act as Intermediate Care for the | ||||||
7 | Developmentally Disabled
facilities or Long Term Care for Under | ||||||
8 | Age 22 facilities, the rates taking
effect on the first day of | ||||||
9 | the month that begins at least 45 days after the effective date | ||||||
10 | of this amendatory Act of the 95th General Assembly shall | ||||||
11 | include a statewide increase of 2.5%, as
defined by the | ||||||
12 | Department. | ||||||
13 | Notwithstanding any other provision of this Section, for | ||||||
14 | facilities licensed by the Department of Public Health under | ||||||
15 | the Nursing Home Care Act as skilled nursing facilities or | ||||||
16 | intermediate care facilities, effective January 1, 2005, | ||||||
17 | facility rates shall be increased by the difference between (i) | ||||||
18 | a facility's per diem property, liability, and malpractice | ||||||
19 | insurance costs as reported in the cost report filed with the | ||||||
20 | Department of Public Aid and used to establish rates effective | ||||||
21 | July 1, 2001 and (ii) those same costs as reported in the | ||||||
22 | facility's 2002 cost report. These costs shall be passed | ||||||
23 | through to the facility without caps or limitations, except for | ||||||
24 | adjustments required under normal auditing procedures.
| ||||||
25 | Rates established effective each July 1 shall govern | ||||||
26 | payment
for services rendered throughout that fiscal year, |
| |||||||
| |||||||
1 | except that rates
established on July 1, 1996 shall be | ||||||
2 | increased by 6.8% for services
provided on or after January 1, | ||||||
3 | 1997. Such rates will be based
upon the rates calculated for | ||||||
4 | the year beginning July 1, 1990, and for
subsequent years | ||||||
5 | thereafter until June 30, 2001 shall be based on the
facility | ||||||
6 | cost reports
for the facility fiscal year ending at any point | ||||||
7 | in time during the previous
calendar year, updated to the | ||||||
8 | midpoint of the rate year. The cost report
shall be on file | ||||||
9 | with the Department no later than April 1 of the current
rate | ||||||
10 | year. Should the cost report not be on file by April 1, the | ||||||
11 | Department
shall base the rate on the latest cost report filed | ||||||
12 | by each skilled care
facility and intermediate care facility, | ||||||
13 | updated to the midpoint of the
current rate year. In | ||||||
14 | determining rates for services rendered on and after
July 1, | ||||||
15 | 1985, fixed time shall not be computed at less than zero. The
| ||||||
16 | Department shall not make any alterations of regulations which | ||||||
17 | would reduce
any component of the Medicaid rate to a level | ||||||
18 | below what that component would
have been utilizing in the rate | ||||||
19 | effective on July 1, 1984.
| ||||||
20 | (2) Shall take into account the actual costs incurred by | ||||||
21 | facilities
in providing services for recipients of skilled | ||||||
22 | nursing and intermediate
care services under the medical | ||||||
23 | assistance program.
| ||||||
24 | (3) Shall take into account the medical and psycho-social
| ||||||
25 | characteristics and needs of the patients.
| ||||||
26 | (4) Shall take into account the actual costs incurred by |
| |||||||
| |||||||
1 | facilities in
meeting licensing and certification standards | ||||||
2 | imposed and prescribed by the
State of Illinois, any of its | ||||||
3 | political subdivisions or municipalities and by
the U.S. | ||||||
4 | Department of Health and Human Services pursuant to Title XIX | ||||||
5 | of the
Social Security Act.
| ||||||
6 | The Department of Healthcare and Family Services
shall | ||||||
7 | develop precise standards for
payments to reimburse nursing | ||||||
8 | facilities for any utilization of
appropriate rehabilitative | ||||||
9 | personnel for the provision of rehabilitative
services which is | ||||||
10 | authorized by federal regulations, including
reimbursement for | ||||||
11 | services provided by qualified therapists or qualified
| ||||||
12 | assistants, and which is in accordance with accepted | ||||||
13 | professional
practices. Reimbursement also may be made for | ||||||
14 | utilization of other
supportive personnel under appropriate | ||||||
15 | supervision.
| ||||||
16 | (Source: P.A. 94-48, eff. 7-1-05; 94-85, eff. 6-28-05; 94-697, | ||||||
17 | eff. 11-21-05; 94-838, eff. 6-6-06; 94-964, eff. 6-28-06; | ||||||
18 | 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 95-707, eff. 1-11-08; | ||||||
19 | 95-744, eff. 7-18-08.)
| ||||||
20 | (305 ILCS 5/5-5.7) (from Ch. 23, par. 5-5.7)
| ||||||
21 | Sec. 5-5.7. Cost Reports - Audits. The Department of | ||||||
22 | Healthcare and Family Services shall
work with the Department | ||||||
23 | of Public Health to use cost report information
currently being | ||||||
24 | collected under provisions of the " Nursing Home Care
Act and | ||||||
25 | the MR/DD Community Care Act ", approved August 23, 1979, as |
| |||||||
| |||||||
1 | amended . The Department of Healthcare and Family Services may, | ||||||
2 | in conjunction with the Department of Public Health,
develop in | ||||||
3 | accordance with generally accepted accounting principles a
| ||||||
4 | uniform chart of accounts which each facility providing | ||||||
5 | services under the
medical assistance program shall adopt, | ||||||
6 | after a reasonable period.
| ||||||
7 | Nursing homes licensed under the Nursing Home Care Act or | ||||||
8 | the MR/DD Community Care Act
and providers of adult | ||||||
9 | developmental training services certified by the
Department of | ||||||
10 | Human Services pursuant to
Section 15.2 of the Mental Health | ||||||
11 | and Developmental Disabilities Administrative
Act which | ||||||
12 | provide
services to clients eligible for
medical assistance | ||||||
13 | under this Article are responsible for submitting the
required | ||||||
14 | annual cost report to the Department of Healthcare and Family | ||||||
15 | Services.
| ||||||
16 | The Department of Healthcare and Family Services
shall | ||||||
17 | audit the financial and statistical
records of each provider | ||||||
18 | participating in the medical assistance program
as a skilled | ||||||
19 | nursing or intermediate care facility over a 3 year period,
| ||||||
20 | beginning with the close of the first cost reporting year. | ||||||
21 | Following the
end of this 3-year term, audits of the financial | ||||||
22 | and statistical records
will be performed each year in at least | ||||||
23 | 20% of the facilities participating
in the medical assistance | ||||||
24 | program with at least 10% being selected on a
random sample | ||||||
25 | basis, and the remainder selected on the basis of exceptional
| ||||||
26 | profiles. All audits shall be conducted in accordance with |
| |||||||
| |||||||
1 | generally accepted
auditing standards.
| ||||||
2 | The Department of Healthcare and Family Services
shall | ||||||
3 | establish prospective payment rates
for categories of service | ||||||
4 | needed within the skilled nursing and intermediate
care levels | ||||||
5 | of services, in order to more appropriately recognize the
| ||||||
6 | individual needs of patients in nursing facilities.
| ||||||
7 | The Department of Healthcare and Family Services
shall | ||||||
8 | provide, during the process of
establishing the payment rate | ||||||
9 | for skilled nursing and intermediate care
services, or when a | ||||||
10 | substantial change in rates is proposed, an opportunity
for | ||||||
11 | public review and comment on the proposed rates prior to their | ||||||
12 | becoming
effective.
| ||||||
13 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
14 | (305 ILCS 5/5-6) (from Ch. 23, par. 5-6)
| ||||||
15 | Sec. 5-6. Obligations incurred prior to death of a | ||||||
16 | recipient. Obligations incurred but not paid for at the time of | ||||||
17 | a recipient's death
for services authorized under Section 5-5, | ||||||
18 | including medical and other
care in group care facilities as | ||||||
19 | defined in the " Nursing Home Care
Act or the MR/DD Community | ||||||
20 | Care Act ", approved August 23, 1979, as amended , or in like | ||||||
21 | facilities
not required to be licensed under that Act, may be | ||||||
22 | paid, subject to the
rules and regulations of the Illinois | ||||||
23 | Department, after the death of the recipient.
| ||||||
24 | (Source: P.A. 86-820.)
|
| |||||||
| |||||||
1 | (305 ILCS 5/5B-1) (from Ch. 23, par. 5B-1)
| ||||||
2 | Sec. 5B-1. Definitions. As used in this Article, unless the
| ||||||
3 | context requires otherwise:
| ||||||
4 | "Fund" means the Long-Term Care Provider Fund.
| ||||||
5 | "Long-term care facility" means (i) a skilled nursing or | ||||||
6 | intermediate
long term care facility, whether
public or private | ||||||
7 | and whether organized for profit or
not-for-profit, that is | ||||||
8 | subject to licensure by the Illinois Department
of Public | ||||||
9 | Health under the Nursing Home Care Act or the MR/DD Community | ||||||
10 | Care Act , including a
county nursing home directed and | ||||||
11 | maintained under Section
5-1005 of the Counties Code, and (ii) | ||||||
12 | a part of a hospital in
which skilled or intermediate long-term | ||||||
13 | care services within the
meaning of Title XVIII or XIX of the | ||||||
14 | Social Security Act are
provided; except that the term | ||||||
15 | "long-term care facility" does
not include a facility operated | ||||||
16 | solely as an intermediate care
facility for the mentally | ||||||
17 | retarded within the meaning of Title
XIX of the Social Security | ||||||
18 | Act.
| ||||||
19 | "Long-term care provider" means (i) a person licensed
by | ||||||
20 | the Department of Public Health to operate and maintain a
| ||||||
21 | skilled nursing or intermediate long-term care facility or (ii) | ||||||
22 | a hospital provider that
provides skilled or intermediate | ||||||
23 | long-term care services within
the meaning of Title XVIII or | ||||||
24 | XIX of the Social Security Act.
For purposes of this paragraph, | ||||||
25 | "person" means any political
subdivision of the State, | ||||||
26 | municipal corporation, individual,
firm, partnership, |
| |||||||
| |||||||
1 | corporation, company, limited liability
company, association, | ||||||
2 | joint stock association, or trust, or a
receiver, executor, | ||||||
3 | trustee, guardian, or other representative
appointed by order | ||||||
4 | of any court. "Hospital provider" means a
person licensed by | ||||||
5 | the Department of Public Health to conduct,
operate, or | ||||||
6 | maintain a hospital.
| ||||||
7 | "Occupied bed days" shall be computed separately for
each | ||||||
8 | long-term care facility operated or maintained by a long-term
| ||||||
9 | care provider, and means the sum for all beds of the number
of | ||||||
10 | days during the year on which each bed is occupied by a
| ||||||
11 | resident (other than a resident receiving care at an | ||||||
12 | intermediate
care facility for the mentally retarded within the | ||||||
13 | meaning of
Title XIX of the Social Security Act).
| ||||||
14 | "Intergovernmental transfer payment" means the payments
| ||||||
15 | established under Section 15-3 of this Code, and includes | ||||||
16 | without
limitation payments payable under that Section for | ||||||
17 | July, August, and
September of 1992.
| ||||||
18 | (Source: P.A. 87-861.)
| ||||||
19 | (305 ILCS 5/5B-8) (from Ch. 23, par. 5B-8)
| ||||||
20 | Sec. 5B-8. Long-Term Care Provider Fund.
| ||||||
21 | (a) There is created in the State Treasury the Long-Term
| ||||||
22 | Care Provider Fund. Interest earned by the Fund shall be
| ||||||
23 | credited to the Fund. The Fund shall not be used to replace any
| ||||||
24 | moneys appropriated to the Medicaid program by the General | ||||||
25 | Assembly.
|
| |||||||
| |||||||
1 | (b) The Fund is created for the purpose of receiving and
| ||||||
2 | disbursing moneys in accordance with this Article. | ||||||
3 | Disbursements
from the Fund shall be made only as follows:
| ||||||
4 | (1) For payments to skilled or intermediate nursing
| ||||||
5 | facilities, including county nursing facilities but | ||||||
6 | excluding
State-operated facilities, under Title XIX of | ||||||
7 | the Social Security
Act and Article V of this Code.
| ||||||
8 | (2) For the reimbursement of moneys collected by the
| ||||||
9 | Illinois Department through error or mistake, and for | ||||||
10 | making
required payments under Section 5-4.38(a)(1) if | ||||||
11 | there are no
moneys available for such payments in the | ||||||
12 | Medicaid Long Term Care
Provider Participation Fee Trust | ||||||
13 | Fund.
| ||||||
14 | (3) For payment of administrative expenses incurred by | ||||||
15 | the
Illinois Department or its agent in performing the | ||||||
16 | activities
authorized by this Article.
| ||||||
17 | (3.5) For reimbursement of expenses incurred by | ||||||
18 | long-term care facilities, and payment of administrative | ||||||
19 | expenses incurred by the Department of Public Health, in | ||||||
20 | relation to the conduct and analysis of background checks | ||||||
21 | for identified offenders under the Nursing Home Care Act or | ||||||
22 | the MR/DD Community Care Act .
| ||||||
23 | (4) For payments of any amounts that are reimbursable | ||||||
24 | to the
federal government for payments from this Fund that | ||||||
25 | are required
to be paid by State warrant.
| ||||||
26 | (5) For making transfers to the General Obligation Bond
|
| |||||||
| |||||||
1 | Retirement and Interest Fund, as those transfers are | ||||||
2 | authorized
in the proceedings authorizing debt under the | ||||||
3 | Short Term Borrowing Act,
but transfers made under this | ||||||
4 | paragraph (5) shall not exceed the
principal amount of debt | ||||||
5 | issued in anticipation of the receipt by
the State of | ||||||
6 | moneys to be deposited into the Fund.
| ||||||
7 | Disbursements from the Fund, other than transfers to the
| ||||||
8 | General Obligation Bond Retirement and Interest Fund, shall be | ||||||
9 | by
warrants drawn by the State Comptroller upon receipt of | ||||||
10 | vouchers
duly executed and certified by the Illinois | ||||||
11 | Department.
| ||||||
12 | (c) The Fund shall consist of the following:
| ||||||
13 | (1) All moneys collected or received by the Illinois
| ||||||
14 | Department from the long-term care provider assessment | ||||||
15 | imposed by
this Article.
| ||||||
16 | (2) All federal matching funds received by the Illinois
| ||||||
17 | Department as a result of expenditures made by the Illinois
| ||||||
18 | Department that are attributable to moneys deposited in the | ||||||
19 | Fund.
| ||||||
20 | (3) Any interest or penalty levied in conjunction with | ||||||
21 | the
administration of this Article.
| ||||||
22 | (4) Any balance in the Medicaid Long Term Care Provider | ||||||
23 | Participation
Fee Fund in the State Treasury. The balance | ||||||
24 | shall be transferred to the
Fund upon certification by the | ||||||
25 | Illinois Department to the State Comptroller
that all of | ||||||
26 | the disbursements required by Section 5-4.31(b) of this |
| |||||||
| |||||||
1 | Code
have been made.
| ||||||
2 | (5) All other monies received for the Fund from any | ||||||
3 | other source,
including interest earned thereon.
| ||||||
4 | (Source: P.A. 95-707, eff. 1-11-08.)
| ||||||
5 | (305 ILCS 5/5E-5)
| ||||||
6 | Sec. 5E-5. Definitions. As used in this Article, unless the
| ||||||
7 | context requires otherwise:
| ||||||
8 | "Nursing home" means (i) a skilled nursing or intermediate | ||||||
9 | long-term care
facility, whether public or private and whether | ||||||
10 | organized for profit or
not-for-profit, that is subject to | ||||||
11 | licensure by the Illinois Department
of Public Health under the | ||||||
12 | Nursing Home Care Act or the MR/DD Community Care Act , | ||||||
13 | including a
county nursing home directed and maintained under | ||||||
14 | Section
5-1005 of the Counties Code, and (ii) a part of a | ||||||
15 | hospital in
which skilled or intermediate long-term care | ||||||
16 | services within the
meaning of Title XVIII or XIX of the Social | ||||||
17 | Security Act are
provided; except that the term "nursing home" | ||||||
18 | does not include a facility
operated solely as an intermediate | ||||||
19 | care facility for the mentally retarded
within the meaning of | ||||||
20 | Title XIX of the Social Security Act.
| ||||||
21 | "Nursing home provider" means (i) a person licensed
by the | ||||||
22 | Department of Public Health to operate and maintain a
skilled | ||||||
23 | nursing or intermediate long-term care facility which charges | ||||||
24 | its
residents, a third party payor, Medicaid, or Medicare for | ||||||
25 | skilled nursing or
intermediate long-term care services, or |
| |||||||
| |||||||
1 | (ii) a hospital provider that
provides skilled or intermediate | ||||||
2 | long-term care services within
the meaning of Title XVIII or | ||||||
3 | XIX of the Social Security Act.
For purposes of this paragraph, | ||||||
4 | "person" means any political
subdivision of the State, | ||||||
5 | municipal corporation, individual,
firm, partnership, | ||||||
6 | corporation, company, limited liability
company, association, | ||||||
7 | joint stock association, or trust, or a
receiver, executor, | ||||||
8 | trustee, guardian, or other representative
appointed by order | ||||||
9 | of any court. "Hospital provider" means a
person licensed by | ||||||
10 | the Department of Public Health to conduct,
operate, or | ||||||
11 | maintain a hospital.
| ||||||
12 | "Licensed bed days" shall be computed separately for each | ||||||
13 | nursing home
operated or maintained by a nursing home provider | ||||||
14 | and means, with respect to a
nursing home provider, the sum for | ||||||
15 | all nursing home beds of the number of days
during a calendar | ||||||
16 | quarter on which each bed is covered by a license issued to
| ||||||
17 | that provider under the Nursing Home Care Act or the Hospital | ||||||
18 | Licensing Act.
| ||||||
19 | (Source: P.A. 88-88.)
| ||||||
20 | (305 ILCS 5/8A-11) (from Ch. 23, par. 8A-11)
| ||||||
21 | Sec. 8A-11. (a) No person shall:
| ||||||
22 | (1) Knowingly charge a resident of a nursing home for any | ||||||
23 | services
provided pursuant to Article V of the Illinois Public | ||||||
24 | Aid Code, money or
other consideration at a rate in excess of | ||||||
25 | the rates established for covered
services by the Illinois |
| |||||||
| |||||||
1 | Department pursuant to Article V of The Illinois
Public Aid | ||||||
2 | Code; or
| ||||||
3 | (2) Knowingly charge, solicit, accept or receive, in | ||||||
4 | addition to any
amount otherwise authorized or required to be | ||||||
5 | paid pursuant to Article V of
The Illinois Public Aid Code, any | ||||||
6 | gift, money, donation or other consideration:
| ||||||
7 | (i) As a precondition to admitting or expediting the | ||||||
8 | admission of a
recipient or applicant, pursuant to Article V of | ||||||
9 | The Illinois Public Aid Code,
to a long-term care facility as | ||||||
10 | defined in Section 1-113 of the Nursing
Home Care Act or a | ||||||
11 | facility as defined in Section 1-113 of the MR/DD Community | ||||||
12 | Care Act ; and
| ||||||
13 | (ii) As a requirement for the recipient's or applicant's | ||||||
14 | continued stay
in such facility when the cost of the services | ||||||
15 | provided therein to the
recipient is paid for, in whole or in | ||||||
16 | part, pursuant to Article V of The
Illinois Public Aid Code.
| ||||||
17 | (b) Nothing herein shall prohibit a person from making a | ||||||
18 | voluntary
contribution, gift or donation to a long-term care | ||||||
19 | facility.
| ||||||
20 | (c) This paragraph shall not apply to agreements to provide | ||||||
21 | continuing
care or life care between a life care facility as | ||||||
22 | defined by the Life
Care Facilities Act, and a person | ||||||
23 | financially eligible for benefits pursuant to
Article V of The | ||||||
24 | Illinois Public Aid Code.
| ||||||
25 | (d) Any person who violates this Section shall be guilty of | ||||||
26 | a business
offense and fined not less than $5,000 nor more than |
| |||||||
| |||||||
1 | $25,000.
| ||||||
2 | (e) "Person", as used in this Section, means an individual, | ||||||
3 | corporation,
partnership, or unincorporated association.
| ||||||
4 | (f) The State's Attorney of the county in which the | ||||||
5 | facility is located
and the Attorney General shall be notified | ||||||
6 | by the Illinois Department of
any alleged violations of this | ||||||
7 | Section known to the Department.
| ||||||
8 | (g) The Illinois Department shall adopt rules and | ||||||
9 | regulations to carry
out the provisions of this Section.
| ||||||
10 | (Source: P.A. 86-820.)
| ||||||
11 | Section 90-155. The Nursing Home Grant Assistance Act is | ||||||
12 | amended by changing Section 5 as follows:
| ||||||
13 | (305 ILCS 40/5) (from Ch. 23, par. 7100-5)
| ||||||
14 | Sec. 5. Definitions. As used in this Act, unless the
| ||||||
15 | context requires otherwise:
| ||||||
16 | "Applicant" means an eligible individual who makes a
| ||||||
17 | payment of at least $1 in a quarter to a nursing home.
| ||||||
18 | "Application" means the receipt by a nursing home
of at | ||||||
19 | least $1 from an eligible
individual that is a resident of the | ||||||
20 | home.
| ||||||
21 | "Department" means the Department of Revenue.
| ||||||
22 | "Director" means the Director of the Department of Revenue.
| ||||||
23 | "Distribution agent" means a nursing home that is residence | ||||||
24 | to one or more
eligible individuals, which receives an |
| |||||||
| |||||||
1 | application from one or more
applicants for participation in | ||||||
2 | the Nursing Home Grant
Assistance Program provided for by this | ||||||
3 | Act, and is thereby
designated as distributing agent by such | ||||||
4 | applicant or
applicants, and which is thereby authorized by | ||||||
5 | virtue of its
license to receive from the Department and | ||||||
6 | distribute
to eligible individuals residing in the nursing home
| ||||||
7 | Nursing Home Grant Assistance payments under this Act.
| ||||||
8 | "Qualified distribution agent" means a distribution agent | ||||||
9 | that the
Department of Public Health has certified to the | ||||||
10 | Department of Revenue to
be a licensed nursing home in good | ||||||
11 | standing.
| ||||||
12 | "Eligible individual" means an individual eligible for
a | ||||||
13 | nursing home grant assistance payment because he or she meets
| ||||||
14 | each of the following requirements:
| ||||||
15 | (1) The individual resides, after June 30, 1992, in a
| ||||||
16 | nursing home as defined in this Act.
| ||||||
17 | (2) For each day for which nursing home grant
| ||||||
18 | assistance is sought, the individual's nursing home care
| ||||||
19 | was not paid for, in whole or in part, by a
federal, State, | ||||||
20 | or combined federal-State medical care
program; the | ||||||
21 | receipt of Medicare Part B
benefits does not make a person | ||||||
22 | ineligible for nursing home
grant assistance.
| ||||||
23 | (3) The individual's annual adjusted gross income, | ||||||
24 | after
payment of any expenses for nursing home care, does | ||||||
25 | not
exceed 250% of the federal poverty guidelines for an
| ||||||
26 | individual as published annually by the U.S. Department
of |
| |||||||
| |||||||
1 | Health and Human Services for purposes of determining
| ||||||
2 | Medicaid eligibility.
| ||||||
3 | "Fund" means the Nursing Home Grant Assistance Fund.
| ||||||
4 | "Nursing home" means a skilled nursing or intermediate long | ||||||
5 | term care
facility that is subject to licensure by the Illinois | ||||||
6 | Department of Public
Health under the Nursing Home Care Act or | ||||||
7 | the MR/DD Community Care Act .
| ||||||
8 | "Occupied bed days" means the sum for all beds of
the | ||||||
9 | number of days during a quarter for which grant
assistance is | ||||||
10 | sought under this Act on which a bed is
occupied by an | ||||||
11 | individual.
| ||||||
12 | (Source: P.A. 87-863.)
| ||||||
13 | Section 90-160. The Mental Health and Developmental | ||||||
14 | Disabilities Code is amended by changing Section 2-107 as | ||||||
15 | follows:
| ||||||
16 | (405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107)
| ||||||
17 | Sec. 2-107. Refusal of services; informing of risks.
| ||||||
18 | (a) An adult recipient of services or the recipient's | ||||||
19 | guardian,
if the recipient is under guardianship, and the | ||||||
20 | recipient's substitute
decision maker, if any, must be informed | ||||||
21 | of the recipient's right to
refuse medication or | ||||||
22 | electroconvulsive therapy. The recipient and the recipient's | ||||||
23 | guardian or substitute
decision maker shall be given the | ||||||
24 | opportunity to
refuse generally accepted mental health or |
| |||||||
| |||||||
1 | developmental disability services,
including but not limited | ||||||
2 | to medication or electroconvulsive therapy. If such services | ||||||
3 | are refused, they
shall not be given unless such services are | ||||||
4 | necessary to prevent the recipient
from causing serious and | ||||||
5 | imminent physical harm to the recipient or others and
no less | ||||||
6 | restrictive alternative is available.
The facility director | ||||||
7 | shall inform a recipient, guardian, or
substitute decision | ||||||
8 | maker, if any, who refuses such
services of alternate services | ||||||
9 | available and the risks of such alternate
services, as well as | ||||||
10 | the possible consequences to the recipient of refusal of
such | ||||||
11 | services.
| ||||||
12 | (b) Psychotropic medication or electroconvulsive therapy | ||||||
13 | may be administered
under this Section for
up to 24 hours only | ||||||
14 | if the circumstances leading up to the need for emergency
| ||||||
15 | treatment are set forth in writing in the recipient's record.
| ||||||
16 | (c) Administration of medication or electroconvulsive | ||||||
17 | therapy may not be continued unless the need
for such treatment | ||||||
18 | is redetermined at least every 24 hours based upon a
personal | ||||||
19 | examination of the recipient by a physician or a nurse under | ||||||
20 | the
supervision of a physician and the circumstances | ||||||
21 | demonstrating that need are
set forth in writing in the | ||||||
22 | recipient's record.
| ||||||
23 | (d) Neither psychotropic medication nor electroconvulsive | ||||||
24 | therapy may be administered under this
Section for a period in | ||||||
25 | excess of 72 hours, excluding Saturdays, Sundays, and
holidays, | ||||||
26 | unless a petition is filed under Section 2-107.1 and the |
| |||||||
| |||||||
1 | treatment
continues to be necessary under subsection (a) of | ||||||
2 | this Section. Once the
petition has been filed, treatment may | ||||||
3 | continue in compliance with subsections
(a), (b), and (c) of | ||||||
4 | this Section until the final outcome of the hearing on the
| ||||||
5 | petition.
| ||||||
6 | (e) The Department shall issue rules designed to insure | ||||||
7 | that in
State-operated mental health facilities psychotropic | ||||||
8 | medication and electroconvulsive therapy are
administered in | ||||||
9 | accordance with this Section and only when appropriately
| ||||||
10 | authorized and monitored by a physician or a nurse under the | ||||||
11 | supervision
of a physician
in accordance with accepted medical | ||||||
12 | practice. The facility director of each
mental health facility | ||||||
13 | not operated by the State shall issue rules designed to
insure | ||||||
14 | that in that facility psychotropic medication and | ||||||
15 | electroconvulsive therapy are administered
in
accordance with | ||||||
16 | this Section and only when appropriately authorized and
| ||||||
17 | monitored by a physician or a nurse under the supervision of a
| ||||||
18 | physician in accordance with accepted medical practice. Such | ||||||
19 | rules shall be
available for public inspection and copying | ||||||
20 | during normal business hours.
| ||||||
21 | (f) The provisions of this Section with respect to the | ||||||
22 | emergency
administration of psychotropic medication and | ||||||
23 | electroconvulsive therapy do not apply to facilities
licensed | ||||||
24 | under the Nursing Home Care Act or the MR/DD Community Care | ||||||
25 | Act .
| ||||||
26 | (g) Under no circumstances may long-acting psychotropic |
| |||||||
| |||||||
1 | medications be
administered under this Section.
| ||||||
2 | (h) Whenever psychotropic medication or electroconvulsive | ||||||
3 | therapy is refused pursuant to subsection (a) of this Section | ||||||
4 | at least once that day, the physician shall determine and state | ||||||
5 | in writing the reasons why the recipient did not meet the | ||||||
6 | criteria for administration of medication or electroconvulsive | ||||||
7 | therapy under subsection (a) and whether the recipient meets | ||||||
8 | the standard for administration of psychotropic medication or | ||||||
9 | electroconvulsive therapy under Section 2-107.1 of this Code. | ||||||
10 | If the physician determines that the recipient meets the | ||||||
11 | standard for administration of psychotropic medication or | ||||||
12 | electroconvulsive therapy
under Section 2-107.1, the facility | ||||||
13 | director or his or her designee shall petition the court for | ||||||
14 | administration of psychotropic medication or electroconvulsive | ||||||
15 | therapy pursuant to that Section unless the facility director | ||||||
16 | or his or her designee states in writing in the recipient's | ||||||
17 | record why the filing of such a petition is not warranted. This | ||||||
18 | subsection (h) applies only to State-operated mental health | ||||||
19 | facilities. | ||||||
20 | (i) The Department shall conduct annual trainings for all | ||||||
21 | physicians and registered nurses working in State-operated | ||||||
22 | mental health facilities on the appropriate use of emergency | ||||||
23 | administration of psychotropic medication and | ||||||
24 | electroconvulsive therapy, standards for their use, and the | ||||||
25 | methods of authorization under this Section.
| ||||||
26 | (Source: P.A. 94-1066, eff. 8-1-06; 95-172, eff. 8-14-07.)
|
| |||||||
| |||||||
1 | Section 90-165. The Protection and Advocacy for | ||||||
2 | Developmentally Disabled
Persons Act is amended by changing | ||||||
3 | Section 1 as follows:
| ||||||
4 | (405 ILCS 40/1) (from Ch. 91 1/2, par. 1151)
| ||||||
5 | Sec. 1.
The Governor may designate a private not-for-profit | ||||||
6 | corporation as
the agency to administer a State plan to protect | ||||||
7 | and advocate the rights of
persons with developmental | ||||||
8 | disabilities pursuant to the requirements of the
federal | ||||||
9 | Developmental Disabilities Assistance and Bill of Rights Act, | ||||||
10 | 42 U.S.C.
6001 to 6081, as now or hereafter amended. The | ||||||
11 | designated
agency may pursue legal, administrative, and other | ||||||
12 | appropriate remedies to
ensure the protection of the rights of | ||||||
13 | such persons who are receiving
treatment, services or | ||||||
14 | habilitation within this State. The agency
designated by the | ||||||
15 | Governor shall be independent of any agency which
provides | ||||||
16 | treatment, services, guardianship, or habilitation to persons | ||||||
17 | with
developmental disabilities, and such agency shall not be | ||||||
18 | administered by
the Governor's Planning Council on | ||||||
19 | Developmental Disabilities or any
successor State Planning | ||||||
20 | Council organized pursuant to federal law.
| ||||||
21 | The designated agency may receive and expend funds to | ||||||
22 | protect and advocate
the rights of persons with developmental | ||||||
23 | disabilities. In order to properly
exercise its powers and | ||||||
24 | duties, such agency shall have access to developmental
|
| |||||||
| |||||||
1 | disability facilities and mental health facilities, as defined | ||||||
2 | under Sections
1-107 and 1-114 of the Mental Health and | ||||||
3 | Developmental Disabilities Code, and
facilities as defined in | ||||||
4 | Section 1-113 of the Nursing Home Care Act or Section 1-113 of | ||||||
5 | the MR/DD Community Care Act . Such
access shall be granted for | ||||||
6 | the purposes of meeting with residents and staff,
informing | ||||||
7 | them of services available from the agency, distributing | ||||||
8 | written
information about the agency and the rights of persons | ||||||
9 | with developmental
disabilities, conducting scheduled and | ||||||
10 | unscheduled visits, and performing other
activities designed | ||||||
11 | to protect the rights of persons with developmental
| ||||||
12 | disabilities. The agency also shall have access, for the | ||||||
13 | purpose of inspection
and copying, to the records of a person | ||||||
14 | with developmental disabilities who
resides in any such | ||||||
15 | facility subject to the limitations of this Act, the Mental
| ||||||
16 | Health and Developmental Disabilities Confidentiality Act, and | ||||||
17 | the Nursing Home
Care Act , and the MR/DD Community Care Act . | ||||||
18 | The agency also shall have access, for the purpose of | ||||||
19 | inspection and
copying, to the records of a person with | ||||||
20 | developmental disabilities who resides
in any such facility if | ||||||
21 | (1) a complaint is received by the agency from or on
behalf of | ||||||
22 | the person with a developmental disability, and (2) such person | ||||||
23 | does
not have a legal guardian or the State or the designee of | ||||||
24 | the State is the
legal guardian of such person. The designated | ||||||
25 | agency shall provide written
notice to the person with | ||||||
26 | developmental disabilities and the State guardian of
the nature |
| |||||||
| |||||||
1 | of the complaint based upon which the designated agency has | ||||||
2 | gained
access to the records. No record or the contents of any | ||||||
3 | record shall be
redisclosed by the designated agency unless the | ||||||
4 | person with developmental
disabilities and the State guardian | ||||||
5 | are provided 7 days advance written notice,
except in emergency | ||||||
6 | situations, of the designated agency's intent to redisclose
| ||||||
7 | such record, during which time the person with developmental | ||||||
8 | disabilities or
the State guardian may seek to judicially | ||||||
9 | enjoin the designated agency's
redisclosure of such record on | ||||||
10 | the grounds that such redisclosure is contrary
to the interests | ||||||
11 | of the person with developmental disabilities. Any person who
| ||||||
12 | in good faith complains to the designated agency on behalf of a | ||||||
13 | person with
developmental disabilities, or provides | ||||||
14 | information or participates in the
investigation of any such | ||||||
15 | complaint shall have immunity from any liability,
civil, | ||||||
16 | criminal or otherwise, and shall not be subject to any | ||||||
17 | penalties,
sanctions, restrictions or retaliation as a | ||||||
18 | consequence of making such
complaint, providing such | ||||||
19 | information or participating in such investigation.
| ||||||
20 | Upon request, the designated agency shall be entitled to | ||||||
21 | inspect and copy
any records or other materials which may | ||||||
22 | further the agency's investigation
of problems affecting | ||||||
23 | numbers of persons with developmental disabilities. When
| ||||||
24 | required by law any personally identifiable information of | ||||||
25 | persons with
developmental disabilities shall be removed from | ||||||
26 | the records.
However, the designated agency may not inspect or |
| |||||||
| |||||||
1 | copy any records or other
materials when the removal of | ||||||
2 | personally identifiable information imposes
an unreasonable | ||||||
3 | burden on mental health and developmental disabilities
| ||||||
4 | facilities pursuant to the Mental Health and Developmental | ||||||
5 | Disabilities
Code or facilities as defined in the Nursing Home | ||||||
6 | Care Act or the MR/DD Community Care Act .
| ||||||
7 | The Governor shall not redesignate the agency to administer | ||||||
8 | the State
plan to protect and advocate the rights of persons | ||||||
9 | with developmental
disabilities unless there is good cause for | ||||||
10 | the redesignation and unless
notice of the intent to make such | ||||||
11 | redesignation is given to persons with
developmental | ||||||
12 | disabilities or their representatives, the federal Secretary
| ||||||
13 | of Health and Human Services, and the General Assembly at least | ||||||
14 | 60 days
prior thereto.
| ||||||
15 | As used in this Act, the term "developmental disability" | ||||||
16 | means a severe,
chronic disability of a person which:
| ||||||
17 | (A) is attributable to a mental or physical impairment | ||||||
18 | or combination of
mental and physical impairments;
| ||||||
19 | (B) is manifested before the person attains age 22;
| ||||||
20 | (C) is likely to continue indefinitely;
| ||||||
21 | (D) results in substantial functional limitations in 3 | ||||||
22 | or more of the
following areas of major life activity: (i) | ||||||
23 | self-care, (ii) receptive and
expressive language, (iii) | ||||||
24 | learning, (iv) mobility, (v) self-direction,
(vi) capacity | ||||||
25 | for independent living, and (vii) economic | ||||||
26 | self-sufficiency; and
|
| |||||||
| |||||||
1 | (E) reflects the person's need for combination and | ||||||
2 | sequence of special,
interdisciplinary or generic care, | ||||||
3 | treatment or other services which are of
lifelong or | ||||||
4 | extended duration and are individually planned and | ||||||
5 | coordinated.
| ||||||
6 | (Source: P.A. 88-380.)
| ||||||
7 | Section 90-170. The Developmental Disability and Mental | ||||||
8 | Disability Services Act is amended by changing Sections 2-3 and | ||||||
9 | 5-1 as follows:
| ||||||
10 | (405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
| ||||||
11 | Sec. 2-3. As used in this Article, unless the context | ||||||
12 | requires otherwise:
| ||||||
13 | (a) "Agency" means an agency or entity licensed by the | ||||||
14 | Department
pursuant to this Article or pursuant to the | ||||||
15 | Community Residential
Alternatives Licensing Act.
| ||||||
16 | (b) "Department" means the Department of Human Services, as | ||||||
17 | successor to
the Department of Mental Health and Developmental | ||||||
18 | Disabilities.
| ||||||
19 | (c) "Home-based services" means services provided to a | ||||||
20 | mentally disabled
adult who lives in his or her own home. These | ||||||
21 | services include but are
not limited to:
| ||||||
22 | (1) home health services;
| ||||||
23 | (2) case management;
| ||||||
24 | (3) crisis management;
|
| |||||||
| |||||||
1 | (4) training and assistance in self-care;
| ||||||
2 | (5) personal care services;
| ||||||
3 | (6) habilitation and rehabilitation services;
| ||||||
4 | (7) employment-related services;
| ||||||
5 | (8) respite care; and
| ||||||
6 | (9) other skill training that enables a person to | ||||||
7 | become self-supporting.
| ||||||
8 | (d) "Legal guardian" means a person appointed by a court of | ||||||
9 | competent
jurisdiction to exercise certain powers on behalf of | ||||||
10 | a mentally disabled adult.
| ||||||
11 | (e) "Mentally disabled adult" means a person over the age | ||||||
12 | of 18 years
who lives in his or her own home; who needs | ||||||
13 | home-based services,
but does not require 24-hour-a-day | ||||||
14 | supervision; and who has one of the
following conditions: | ||||||
15 | severe autism, severe mental illness, severe or
profound mental | ||||||
16 | retardation, or severe and multiple impairments.
| ||||||
17 | (f) In one's "own home" means that a mentally disabled | ||||||
18 | adult lives
alone; or that a mentally disabled adult is in | ||||||
19 | full-time residence with his
or her parents, legal guardian, or | ||||||
20 | other relatives; or that a mentally
disabled adult is in | ||||||
21 | full-time residence in a setting not subject to
licensure under | ||||||
22 | the Nursing Home Care Act , the MR/DD Community Care Act, or the | ||||||
23 | Child Care Act of 1969, as
now or hereafter amended, with 3 or | ||||||
24 | fewer other adults unrelated to the
mentally disabled adult who | ||||||
25 | do not provide home-based services to the
mentally disabled | ||||||
26 | adult.
|
| |||||||
| |||||||
1 | (g) "Parent" means the biological or adoptive parent
of a | ||||||
2 | mentally disabled adult, or a person licensed as a
foster | ||||||
3 | parent under the laws of this State who acts as a mentally | ||||||
4 | disabled
adult's foster parent.
| ||||||
5 | (h) "Relative" means any of the following relationships
by | ||||||
6 | blood, marriage or adoption: parent, son, daughter, brother, | ||||||
7 | sister,
grandparent, uncle, aunt, nephew, niece, great | ||||||
8 | grandparent, great uncle,
great aunt, stepbrother, stepsister, | ||||||
9 | stepson, stepdaughter, stepparent or
first cousin.
| ||||||
10 | (i) "Severe autism" means a lifelong developmental | ||||||
11 | disability which is
typically manifested before 30 months of | ||||||
12 | age and is characterized by
severe disturbances in reciprocal | ||||||
13 | social interactions; verbal and
nonverbal communication and | ||||||
14 | imaginative activity; and repertoire of
activities and | ||||||
15 | interests. A person shall be determined severely
autistic, for | ||||||
16 | purposes of this Article, if both of the following are present:
| ||||||
17 | (1) Diagnosis consistent with the criteria for | ||||||
18 | autistic disorder in
the current edition of the Diagnostic | ||||||
19 | and Statistical Manual of Mental
Disorders.
| ||||||
20 | (2) Severe disturbances in reciprocal social | ||||||
21 | interactions; verbal and
nonverbal communication and | ||||||
22 | imaginative activity; repertoire of activities
and | ||||||
23 | interests. A determination of severe autism shall be based | ||||||
24 | upon a
comprehensive, documented assessment with an | ||||||
25 | evaluation by a licensed
clinical psychologist or | ||||||
26 | psychiatrist. A determination of severe autism
shall not be |
| |||||||
| |||||||
1 | based solely on behaviors relating to environmental, | ||||||
2 | cultural
or economic differences.
| ||||||
3 | (j) "Severe mental illness" means the manifestation of all | ||||||
4 | of the
following characteristics:
| ||||||
5 | (1) A primary diagnosis of one of the major mental | ||||||
6 | disorders
in the current edition of the Diagnostic and | ||||||
7 | Statistical Manual of Mental
Disorders listed below:
| ||||||
8 | (A) Schizophrenia disorder.
| ||||||
9 | (B) Delusional disorder.
| ||||||
10 | (C) Schizo-affective disorder.
| ||||||
11 | (D) Bipolar affective disorder.
| ||||||
12 | (E) Atypical psychosis.
| ||||||
13 | (F) Major depression, recurrent.
| ||||||
14 | (2) The individual's mental illness must substantially | ||||||
15 | impair his
or her functioning in at least 2 of the | ||||||
16 | following areas:
| ||||||
17 | (A) Self-maintenance.
| ||||||
18 | (B) Social functioning.
| ||||||
19 | (C) Activities of community living.
| ||||||
20 | (D) Work skills.
| ||||||
21 | (3) Disability must be present or expected to be | ||||||
22 | present for at least
one year.
| ||||||
23 | A determination of severe mental illness shall be based | ||||||
24 | upon a
comprehensive, documented assessment with an evaluation | ||||||
25 | by a licensed
clinical psychologist or psychiatrist, and shall | ||||||
26 | not be based solely on
behaviors relating to environmental, |
| |||||||
| |||||||
1 | cultural or economic differences.
| ||||||
2 | (k) "Severe or profound mental retardation" means a | ||||||
3 | manifestation of all
of the following characteristics:
| ||||||
4 | (1) A diagnosis which meets Classification in Mental | ||||||
5 | Retardation or
criteria in the current edition of the | ||||||
6 | Diagnostic and Statistical Manual of
Mental Disorders for | ||||||
7 | severe or profound mental retardation (an IQ of 40 or
| ||||||
8 | below). This must be measured by a standardized instrument | ||||||
9 | for general
intellectual functioning.
| ||||||
10 | (2) A severe or profound level of disturbed adaptive | ||||||
11 | behavior. This
must be measured by a standardized adaptive | ||||||
12 | behavior scale or informal
appraisal by the professional in | ||||||
13 | keeping with illustrations in
Classification in Mental | ||||||
14 | Retardation, 1983.
| ||||||
15 | (3) Disability diagnosed before age of 18.
| ||||||
16 | A determination of severe or profound mental retardation | ||||||
17 | shall be based
upon a comprehensive, documented assessment with | ||||||
18 | an evaluation by a
licensed clinical psychologist or certified | ||||||
19 | school psychologist or a
psychiatrist, and shall not be based | ||||||
20 | solely on behaviors relating to
environmental, cultural or | ||||||
21 | economic differences.
| ||||||
22 | (l) "Severe and multiple impairments" means the | ||||||
23 | manifestation of all of
the following characteristics:
| ||||||
24 | (1) The evaluation determines the presence of a | ||||||
25 | developmental
disability which is expected to continue | ||||||
26 | indefinitely, constitutes a
substantial handicap and is |
| |||||||
| |||||||
1 | attributable to any of the following:
| ||||||
2 | (A) Mental retardation, which is defined as | ||||||
3 | general intellectual
functioning that is 2 or more | ||||||
4 | standard deviations below the mean
concurrent with | ||||||
5 | impairment of adaptive behavior which is 2 or more | ||||||
6 | standard
deviations below the mean. Assessment of the | ||||||
7 | individual's intellectual
functioning must be measured | ||||||
8 | by a standardized instrument for general
intellectual | ||||||
9 | functioning.
| ||||||
10 | (B) Cerebral palsy.
| ||||||
11 | (C) Epilepsy.
| ||||||
12 | (D) Autism.
| ||||||
13 | (E) Any other condition which results in | ||||||
14 | impairment similar to that
caused by mental | ||||||
15 | retardation and which requires services similar to | ||||||
16 | those
required by mentally retarded persons.
| ||||||
17 | (2) The evaluation determines multiple handicaps in | ||||||
18 | physical, sensory,
behavioral or cognitive functioning | ||||||
19 | which constitute a severe or profound
impairment | ||||||
20 | attributable to one or more of the following:
| ||||||
21 | (A) Physical functioning, which severely impairs | ||||||
22 | the individual's motor
performance that may be due to:
| ||||||
23 | (i) Neurological, psychological or physical | ||||||
24 | involvement resulting in a
variety of disabling | ||||||
25 | conditions such as hemiplegia, quadriplegia or | ||||||
26 | ataxia,
|
| |||||||
| |||||||
1 | (ii) Severe organ systems involvement such as | ||||||
2 | congenital heart defect,
| ||||||
3 | (iii) Physical abnormalities resulting in the | ||||||
4 | individual being
non-mobile and non-ambulatory or | ||||||
5 | confined to bed and receiving assistance
in | ||||||
6 | transferring, or
| ||||||
7 | (iv) The need for regular medical or nursing | ||||||
8 | supervision such as
gastrostomy care and feeding.
| ||||||
9 | Assessment of physical functioning must be based | ||||||
10 | on clinical medical
assessment by a physician licensed | ||||||
11 | to practice medicine in all its branches,
using the | ||||||
12 | appropriate instruments, techniques and standards of | ||||||
13 | measurement
required by the professional.
| ||||||
14 | (B) Sensory, which involves severe restriction due | ||||||
15 | to hearing or
visual impairment limiting the | ||||||
16 | individual's movement and creating
dependence in | ||||||
17 | completing most daily activities. Hearing impairment | ||||||
18 | is
defined as a loss of 70 decibels aided or speech | ||||||
19 | discrimination of less
than 50% aided. Visual | ||||||
20 | impairment is defined as 20/200 corrected in the
better | ||||||
21 | eye or a visual field of 20 degrees or less.
Sensory | ||||||
22 | functioning must be based on clinical medical | ||||||
23 | assessment by a
physician licensed to practice | ||||||
24 | medicine in all its branches using the
appropriate | ||||||
25 | instruments, techniques and standards of measurement | ||||||
26 | required
by the professional.
|
| |||||||
| |||||||
1 | (C) Behavioral, which involves behavior that is | ||||||
2 | maladaptive and presents
a danger to self or others, is | ||||||
3 | destructive to property by deliberately
breaking, | ||||||
4 | destroying or defacing objects, is disruptive by | ||||||
5 | fighting, or has
other socially offensive behaviors in | ||||||
6 | sufficient frequency or severity to
seriously limit | ||||||
7 | social integration. Assessment of behavioral | ||||||
8 | functioning
may be measured by a standardized scale or | ||||||
9 | informal appraisal by a clinical
psychologist or | ||||||
10 | psychiatrist.
| ||||||
11 | (D) Cognitive, which involves intellectual | ||||||
12 | functioning at a measured IQ
of 70 or below. Assessment | ||||||
13 | of cognitive functioning must be measured by a
| ||||||
14 | standardized instrument for general intelligence.
| ||||||
15 | (3) The evaluation determines that development is | ||||||
16 | substantially less
than expected for the age in cognitive, | ||||||
17 | affective or psychomotor behavior
as follows:
| ||||||
18 | (A) Cognitive, which involves intellectual | ||||||
19 | functioning at a measured IQ
of 70 or below. Assessment | ||||||
20 | of cognitive functioning must be measured by a
| ||||||
21 | standardized instrument for general intelligence.
| ||||||
22 | (B) Affective behavior, which involves over and | ||||||
23 | under responding to
stimuli in the environment and may | ||||||
24 | be observed in mood, attention to
awareness, or in | ||||||
25 | behaviors such as euphoria, anger or sadness that
| ||||||
26 | seriously limit integration into society. Affective |
| |||||||
| |||||||
1 | behavior must be based
on clinical assessment using the | ||||||
2 | appropriate instruments, techniques and
standards of | ||||||
3 | measurement required by the professional.
| ||||||
4 | (C) Psychomotor, which includes a severe | ||||||
5 | developmental delay in fine or
gross motor skills so | ||||||
6 | that development in self-care, social interaction,
| ||||||
7 | communication or physical activity will be greatly | ||||||
8 | delayed or restricted.
| ||||||
9 | (4) A determination that the disability originated | ||||||
10 | before the age of
18 years.
| ||||||
11 | A determination of severe and multiple impairments shall be | ||||||
12 | based upon a
comprehensive, documented assessment with an | ||||||
13 | evaluation by a licensed
clinical psychologist or | ||||||
14 | psychiatrist.
| ||||||
15 | If the examiner is a licensed clinical psychologist, | ||||||
16 | ancillary evaluation
of physical impairment, cerebral palsy or | ||||||
17 | epilepsy must be made by a
physician licensed to practice | ||||||
18 | medicine in all its branches.
| ||||||
19 | Regardless of the discipline of the examiner, ancillary | ||||||
20 | evaluation of
visual impairment must be made by an | ||||||
21 | ophthalmologist or a licensed optometrist.
| ||||||
22 | Regardless of the discipline of the examiner, ancillary | ||||||
23 | evaluation of
hearing impairment must be made by an | ||||||
24 | otolaryngologist or an audiologist
with a certificate of | ||||||
25 | clinical competency.
| ||||||
26 | The only exception to the above is in the case of a person |
| |||||||
| |||||||
1 | with cerebral
palsy or epilepsy who, according to the | ||||||
2 | eligibility criteria listed below,
has multiple impairments | ||||||
3 | which are only physical and sensory. In such a
case, a | ||||||
4 | physician licensed to practice medicine in all its branches may
| ||||||
5 | serve as the examiner.
| ||||||
6 | (m) "Twenty-four-hour-a-day supervision" means | ||||||
7 | 24-hour-a-day care by a
trained mental health or developmental | ||||||
8 | disability professional on an ongoing
basis.
| ||||||
9 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
10 | (405 ILCS 80/5-1) (from Ch. 91 1/2, par. 1805-1)
| ||||||
11 | Sec. 5-1.
As the mental health and developmental | ||||||
12 | disabilities or
mental retardation authority for the State of | ||||||
13 | Illinois, the Department
of Human Services shall
have the | ||||||
14 | authority to license, certify and prescribe standards
| ||||||
15 | governing the programs and services provided under this Act, as | ||||||
16 | well as all
other agencies or programs which provide home-based | ||||||
17 | or community-based
services to the mentally disabled, except | ||||||
18 | those services, programs or
agencies established under or | ||||||
19 | otherwise subject to the Child Care Act of
1969 , or the Nursing | ||||||
20 | Home Care Act, or the MR/DD Community Care Act, as now or | ||||||
21 | hereafter amended, and this
Act shall not be construed to limit | ||||||
22 | the application of those Acts.
| ||||||
23 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
24 | Section 90-175. The Facilities Requiring Smoke Detectors |
| |||||||
| |||||||
1 | Act is amended by changing Section 1 as follows:
| ||||||
2 | (425 ILCS 10/1) (from Ch. 127 1/2, par. 821)
| ||||||
3 | Sec. 1. For purposes of this Act, unless the context | ||||||
4 | requires otherwise:
| ||||||
5 | (a) "Facility" means:
| ||||||
6 | (1) Any long-term care facility as defined in Section 1-113 | ||||||
7 | of the
Nursing Home Care Act or any facility as defined in | ||||||
8 | Section 1-113 of the MR/DD Community Care Act , as amended;
| ||||||
9 | (2) Any community residential alternative as defined in | ||||||
10 | paragraph (4) of
Section 3 of the Community Residential | ||||||
11 | Alternatives Licensing Act, as amended;
and
| ||||||
12 | (3) Any child care facility as defined in Section 2.05 of | ||||||
13 | the Child Care
Act of 1969, as amended.
| ||||||
14 | (b) "Approved smoke detector" or "detector" means a smoke | ||||||
15 | detector of the ionization or
photoelectric type which complies | ||||||
16 | with all the requirements of the rules
and regulations of the | ||||||
17 | Illinois State Fire Marshal.
| ||||||
18 | (Source: P.A. 86-820.)
| ||||||
19 | Section 90-180. The Criminal Code of 1961 is amended by | ||||||
20 | changing Sections 12-19, 12-21, and 26-1 as follows:
| ||||||
21 | (720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
| ||||||
22 | Sec. 12-19.
Abuse and Criminal Neglect of a Long Term Care
| ||||||
23 | Facility Resident.
|
| |||||||
| |||||||
1 | (a) Any person or any owner or licensee of a long term care | ||||||
2 | facility who
abuses a long term care facility resident is | ||||||
3 | guilty of a Class 3 felony.
Any person or any owner or licensee | ||||||
4 | of a long term care facility who
criminally
neglects a long | ||||||
5 | term care facility resident is guilty of a Class 4 felony.
A | ||||||
6 | person whose
criminal neglect of a long term care facility | ||||||
7 | resident results in the
resident's death is
guilty of a Class 3 | ||||||
8 | felony. However, nothing herein shall be deemed to
apply to
a | ||||||
9 | physician licensed to practice medicine in all its branches or | ||||||
10 | a duly
licensed nurse providing care within the scope of his or | ||||||
11 | her professional
judgment and within the accepted standards of | ||||||
12 | care within the community.
| ||||||
13 | (b) Notwithstanding the penalties in subsections (a) and | ||||||
14 | (c) and in
addition thereto, if a licensee or owner of a long | ||||||
15 | term care facility or
his or her employee has caused neglect of | ||||||
16 | a resident, the licensee or owner
is guilty of a petty offense. | ||||||
17 | An owner or licensee is guilty under this
subsection (b) only | ||||||
18 | if the owner or licensee failed to exercise reasonable
care in | ||||||
19 | the hiring, training, supervising or providing of staff or | ||||||
20 | other
related routine administrative responsibilities.
| ||||||
21 | (c) Notwithstanding the penalties in subsections (a) and | ||||||
22 | (b) and in
addition thereto, if a licensee or owner of a long | ||||||
23 | term care facility or
his or her employee has caused gross | ||||||
24 | neglect of a resident, the licensee or
owner is guilty of a | ||||||
25 | business offense for which a fine of not more than
$10,000 may | ||||||
26 | be imposed. An owner or licensee is guilty under this
|
| |||||||
| |||||||
1 | subsection (c) only if the owner or licensee failed to exercise | ||||||
2 | reasonable
care in the hiring, training, supervising or | ||||||
3 | providing of staff or other
related routine administrative | ||||||
4 | responsibilities.
| ||||||
5 | (d) For the purpose of this Section:
| ||||||
6 | (1) "Abuse" means intentionally or knowingly causing | ||||||
7 | any physical or
mental injury or committing any sexual | ||||||
8 | offense set forth in this Code.
| ||||||
9 | (2) "Criminal neglect" means an act whereby a person | ||||||
10 | recklessly (i)
performs acts that cause an elderly person's | ||||||
11 | or person with a disability's life
to be
endangered, health | ||||||
12 | to be injured, or pre-existing physical or mental condition
| ||||||
13 | to
deteriorate, or (ii) fails to perform acts that he or | ||||||
14 | she knows or reasonably
should
know are necessary to | ||||||
15 | maintain or preserve the life or health of an elderly
| ||||||
16 | person
or person with a disability, and that failure causes | ||||||
17 | the elderly person's or
person
with a disability's life to | ||||||
18 | be endangered, health to be injured, or
pre-existing
| ||||||
19 | physical or mental condition to deteriorate, or (iii) | ||||||
20 | abandons an elderly
person
or person with a disability.
| ||||||
21 | (3) "Neglect" means negligently failing to provide | ||||||
22 | adequate medical
or personal care or maintenance, which | ||||||
23 | failure results in physical or mental
injury or the | ||||||
24 | deterioration of a physical or mental condition.
| ||||||
25 | (4) "Resident" means a person residing in a long term | ||||||
26 | care facility.
|
| |||||||
| |||||||
1 | (5) "Owner" means the person who owns a long term care | ||||||
2 | facility as
provided under the Nursing Home Care Act a | ||||||
3 | facility as provided under the MR/DD Community Care Act, or | ||||||
4 | an assisted living or shared
housing establishment under | ||||||
5 | the Assisted Living and Shared Housing Act.
| ||||||
6 | (6) "Licensee" means the individual or entity licensed | ||||||
7 | to operate a
facility under the Nursing Home Care Act , the | ||||||
8 | MR/DD Community Care Act, or the Assisted Living and Shared
| ||||||
9 | Housing Act.
| ||||||
10 | (7) "Facility" or "long term care facility" means a | ||||||
11 | private home,
institution, building, residence, or any | ||||||
12 | other place, whether operated for
profit or not, or a | ||||||
13 | county home for the infirm and chronically ill operated
| ||||||
14 | pursuant to Division 5-21 or 5-22 of the Counties Code, or | ||||||
15 | any similar
institution operated by
the State of Illinois | ||||||
16 | or a political subdivision thereof, which provides,
| ||||||
17 | through its ownership or management, personal care, | ||||||
18 | sheltered care or
nursing for 3 or more persons not related | ||||||
19 | to the owner by blood or
marriage. The term also includes | ||||||
20 | skilled nursing facilities and
intermediate care | ||||||
21 | facilities as defined in Title XVIII and Title XIX of the
| ||||||
22 | federal Social Security Act and assisted living | ||||||
23 | establishments and shared
housing establishments licensed | ||||||
24 | under the Assisted Living and Shared Housing
Act.
| ||||||
25 | (e) Nothing contained in this Section shall be deemed to | ||||||
26 | apply to the
medical supervision, regulation or control of the |
| |||||||
| |||||||
1 | remedial care or
treatment of residents in a facility conducted | ||||||
2 | for those who rely upon
treatment by prayer or spiritual means | ||||||
3 | in accordance with the creed or
tenets of any well recognized | ||||||
4 | church or religious denomination and which
is licensed in | ||||||
5 | accordance with Section 3-803 of the Nursing Home Care Act or | ||||||
6 | Section 3-803 of the MR/DD Community Care Act .
| ||||||
7 | (Source: P.A. 93-301, eff. 1-1-04.)
| ||||||
8 | (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
| ||||||
9 | Sec. 12-21.
Criminal abuse or neglect of an elderly person | ||||||
10 | or person
with a disability.
| ||||||
11 | (a) A person commits the offense of criminal abuse or | ||||||
12 | neglect of an
elderly person or person with a disability when | ||||||
13 | he or she is a caregiver and he
or she knowingly:
| ||||||
14 | (1) performs acts that cause the elderly person or | ||||||
15 | person with a
disability's life to be
endangered, health to | ||||||
16 | be injured, or pre-existing physical or mental
condition to | ||||||
17 | deteriorate; or
| ||||||
18 | (2) fails to perform acts that he or she knows or
| ||||||
19 | reasonably should know are
necessary to maintain or | ||||||
20 | preserve the life or health of the elderly person
or person | ||||||
21 | with a disability and such failure causes the elderly
| ||||||
22 | person or person with a disability's
life to be endangered, | ||||||
23 | health to be injured or pre-existing physical or
mental | ||||||
24 | condition to deteriorate; or
| ||||||
25 | (3) abandons the elderly person or person with a
|
| |||||||
| |||||||
1 | disability; or
| ||||||
2 | (4) physically abuses, harasses, intimidates, or | ||||||
3 | interferes with the
personal liberty of the elderly person | ||||||
4 | or person with a
disability or exposes the
elderly person | ||||||
5 | or person with a disability to willful
deprivation.
| ||||||
6 | Criminal abuse or neglect of an elderly person or
person | ||||||
7 | with a disability is a Class 3 felony.
Criminal neglect of an | ||||||
8 | elderly person or person with a disability is a Class
2 felony | ||||||
9 | if the criminal
neglect results in the death of the person | ||||||
10 | neglected for which the defendant,
if sentenced to a term of | ||||||
11 | imprisonment, shall be sentenced
to a term of not less than 3 | ||||||
12 | years and not more than 14 years.
| ||||||
13 | (b) For purposes of this Section:
| ||||||
14 | (1) "Elderly person" means a person 60
years of age or | ||||||
15 | older who is incapable of
adequately providing for his own | ||||||
16 | health and personal care.
| ||||||
17 | (2) "Person with a disability" means a person who
| ||||||
18 | suffers from a permanent physical or mental impairment, | ||||||
19 | resulting from
disease, injury, functional disorder or | ||||||
20 | congenital condition which renders
such person incapable | ||||||
21 | of adequately providing for his own health and personal
| ||||||
22 | care.
| ||||||
23 | (3) "Caregiver" means a person who
has a duty to | ||||||
24 | provide for an elderly person or person with a
disability's | ||||||
25 | health and
personal care, at such person's place of | ||||||
26 | residence, including but not
limited to, food and |
| |||||||
| |||||||
1 | nutrition, shelter, hygiene, prescribed medication and
| ||||||
2 | medical care and treatment.
| ||||||
3 | "Caregiver" shall include:
| ||||||
4 | (A) a parent, spouse, adult child or other relative | ||||||
5 | by blood or marriage
who resides with or resides in the | ||||||
6 | same building with or regularly
visits
the elderly | ||||||
7 | person or person with a disability, knows
or reasonably | ||||||
8 | should know of such person's physical or mental | ||||||
9 | impairment
and knows or reasonably should know that | ||||||
10 | such person is unable to
adequately provide for his own | ||||||
11 | health and personal care;
| ||||||
12 | (B) a person who is employed by the elderly person | ||||||
13 | or
person with a disability or by
another to reside | ||||||
14 | with or regularly visit the elderly person or person | ||||||
15 | with a disability
and provide for such person's health | ||||||
16 | and personal care;
| ||||||
17 | (C) a person who has agreed for consideration to | ||||||
18 | reside with or
regularly visit the elderly person or | ||||||
19 | person with a
disability and provide for such
person's | ||||||
20 | health and personal care; and
| ||||||
21 | (D) a person who has been appointed by a private or | ||||||
22 | public agency or by
a court of competent jurisdiction | ||||||
23 | to provide for the elderly person or
person with a | ||||||
24 | disability's health and personal care.
| ||||||
25 | "Caregiver" shall not include a long-term care | ||||||
26 | facility licensed or
certified under the Nursing Home Care |
| |||||||
| |||||||
1 | Act or a facility licensed or certified under the MR/DD | ||||||
2 | Community Care Act, or any administrative, medical or
other | ||||||
3 | personnel of such a facility, or a health care provider who | ||||||
4 | is licensed
under the Medical Practice Act of 1987 and | ||||||
5 | renders care in the ordinary
course of his profession.
| ||||||
6 | (4) "Abandon" means to desert or knowingly forsake an
| ||||||
7 | elderly person or person with a disability under
| ||||||
8 | circumstances in which a reasonable person
would continue | ||||||
9 | to provide care and custody.
| ||||||
10 | (5) "Willful deprivation" has the meaning ascribed to | ||||||
11 | it in paragraph
(15) of Section 103 of the Illinois | ||||||
12 | Domestic Violence Act of 1986.
| ||||||
13 | (c) Nothing in this Section shall be construed to limit the | ||||||
14 | remedies
available to the victim under the Illinois Domestic | ||||||
15 | Violence Act.
| ||||||
16 | (d) Nothing in this Section shall be construed to impose | ||||||
17 | criminal
liability on a person who has made a good faith effort | ||||||
18 | to provide for the
health and personal care of an elderly | ||||||
19 | person or person
with
a disability, but through no
fault of his | ||||||
20 | own has been unable to provide such care.
| ||||||
21 | (e) Nothing in this Section shall be construed as | ||||||
22 | prohibiting a person
from providing treatment by spiritual | ||||||
23 | means through prayer alone and care
consistent therewith in | ||||||
24 | lieu of medical care and treatment in accordance
with the | ||||||
25 | tenets and practices of any church or religious denomination of
| ||||||
26 | which the elderly person or person with a disability is a
|
| |||||||
| |||||||
1 | member.
| ||||||
2 | (f) It is not a defense to criminal abuse or neglect of an | ||||||
3 | elderly person or
person with a disability that the accused | ||||||
4 | reasonably believed that the victim
was not an elderly person | ||||||
5 | or person with a disability.
| ||||||
6 | (Source: P.A. 92-328, eff. 1-1-02; 93-301, eff. 1-1-04.)
| ||||||
7 | (720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
| ||||||
8 | Sec. 26-1. Elements of the Offense.
| ||||||
9 | (a) A person commits disorderly conduct when he knowingly:
| ||||||
10 | (1) Does any act in such unreasonable manner as to | ||||||
11 | alarm or disturb
another and to provoke a breach of the | ||||||
12 | peace; or
| ||||||
13 | (2) Transmits or causes to be transmitted in any manner | ||||||
14 | to the fire
department of any city,
town, village or fire | ||||||
15 | protection district a false alarm of fire, knowing
at the | ||||||
16 | time of such transmission that there is no reasonable | ||||||
17 | ground for
believing that such fire exists; or
| ||||||
18 | (3) Transmits or causes to be transmitted in any manner | ||||||
19 | to another a
false alarm to the effect that a bomb or other | ||||||
20 | explosive of any nature or a
container holding poison gas, | ||||||
21 | a deadly biological or chemical contaminant, or
| ||||||
22 | radioactive substance is concealed in such place that its | ||||||
23 | explosion or release
would endanger human life, knowing at | ||||||
24 | the time of such transmission that there
is no reasonable | ||||||
25 | ground for believing that such bomb, explosive or a |
| |||||||
| |||||||
1 | container
holding poison gas, a deadly biological or | ||||||
2 | chemical contaminant, or radioactive
substance is | ||||||
3 | concealed in such place; or
| ||||||
4 | (4) Transmits or causes to be transmitted in any manner | ||||||
5 | to any peace
officer, public officer or public employee a | ||||||
6 | report to the effect that an
offense will be committed, is | ||||||
7 | being committed, or has been committed, knowing
at the time | ||||||
8 | of such transmission that there is no reasonable ground for
| ||||||
9 | believing that such an offense will be committed, is being | ||||||
10 | committed, or has
been committed; or
| ||||||
11 | (5) Enters upon the property of another and for a lewd | ||||||
12 | or unlawful
purpose deliberately looks into a dwelling on | ||||||
13 | the property through any
window or other opening in it; or
| ||||||
14 | (6) While acting as a collection agency as defined in | ||||||
15 | the
"Collection Agency Act" or as an employee of such | ||||||
16 | collection agency, and
while attempting to collect an | ||||||
17 | alleged debt, makes a telephone call to
the alleged debtor | ||||||
18 | which is designed to harass, annoy or intimidate the
| ||||||
19 | alleged debtor; or
| ||||||
20 | (7) Transmits or causes to be transmitted a false | ||||||
21 | report to the
Department of Children and Family Services | ||||||
22 | under Section 4 of the "Abused and
Neglected Child | ||||||
23 | Reporting Act"; or
| ||||||
24 | (8) Transmits or causes to be transmitted a false | ||||||
25 | report to the
Department of Public Health under the Nursing | ||||||
26 | Home Care Act or the MR/DD Community Care Act ; or
|
| |||||||
| |||||||
1 | (9) Transmits or causes to be transmitted in any manner | ||||||
2 | to the police
department or fire department of any | ||||||
3 | municipality or fire protection district,
or any privately | ||||||
4 | owned and operated ambulance service, a false request for | ||||||
5 | an
ambulance, emergency medical technician-ambulance or | ||||||
6 | emergency medical
technician-paramedic knowing at the time | ||||||
7 | there is no reasonable ground for
believing that such | ||||||
8 | assistance is required; or
| ||||||
9 | (10) Transmits or causes to be transmitted a false | ||||||
10 | report under
Article II of "An Act in relation to victims | ||||||
11 | of violence and abuse",
approved September 16, 1984, as | ||||||
12 | amended; or
| ||||||
13 | (11) Transmits or causes to be transmitted a false | ||||||
14 | report to any public
safety agency without the reasonable | ||||||
15 | grounds necessary to believe that
transmitting such a | ||||||
16 | report is necessary for the safety and welfare of the
| ||||||
17 | public; or
| ||||||
18 | (12) Calls the number "911" for the purpose of making | ||||||
19 | or transmitting a
false alarm or complaint and reporting | ||||||
20 | information when, at the time the call
or transmission is | ||||||
21 | made, the person knows there is no reasonable ground for
| ||||||
22 | making the call or transmission and further knows that the | ||||||
23 | call or transmission
could result in the emergency response | ||||||
24 | of any public safety agency.
| ||||||
25 | (b) Sentence. A violation of subsection (a)(1) of this | ||||||
26 | Section
is a Class C misdemeanor. A violation of subsection |
| |||||||
| |||||||
1 | (a)(5), (a)(11),
or (a)(12) of this Section is a Class A | ||||||
2 | misdemeanor. A violation of subsection
(a)(8) or (a)(10) of | ||||||
3 | this Section is a Class B misdemeanor. A violation of
| ||||||
4 | subsection (a)(2), (a)(4), (a)(7), or (a)(9) of this Section is | ||||||
5 | a Class 4
felony. A
violation of subsection (a)(3) of this | ||||||
6 | Section is a Class 3 felony, for which
a fine of not less than | ||||||
7 | $3,000 and no more than $10,000 shall be assessed in
addition | ||||||
8 | to any other penalty imposed.
| ||||||
9 | A violation of subsection (a)(6) of this Section is a | ||||||
10 | Business Offense and
shall be punished by a fine not to exceed | ||||||
11 | $3,000. A second or subsequent
violation of subsection (a)(7), | ||||||
12 | (a)(11), or (a)(12) of this Section is a Class
4 felony. A | ||||||
13 | third or subsequent violation of subsection (a)(5) of this | ||||||
14 | Section
is a Class 4 felony.
| ||||||
15 | (c) In addition to any other sentence that may be imposed, | ||||||
16 | a court shall
order any person convicted of disorderly conduct | ||||||
17 | to perform community service
for not less than 30 and not more | ||||||
18 | than 120 hours, if community service is
available in the | ||||||
19 | jurisdiction and is funded and approved by the county board of
| ||||||
20 | the county where the offense was committed. In addition, | ||||||
21 | whenever any person
is placed on supervision for an alleged | ||||||
22 | offense under this Section, the
supervision shall be | ||||||
23 | conditioned upon the performance of the community service.
| ||||||
24 | This subsection does not apply when the court imposes a | ||||||
25 | sentence of
incarceration.
| ||||||
26 | (Source: P.A. 92-16, eff. 6-28-01;
92-502, eff. 12-19-01; |
| |||||||
| |||||||
1 | 93-431, eff. 8-5-03.)
| ||||||
2 | Section 90-185. The Unified Code of Corrections is amended | ||||||
3 | by changing Section 5-5-3.2 as follows:
| ||||||
4 | (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
| ||||||
5 | Sec. 5-5-3.2. Factors in Aggravation.
| ||||||
6 | (a) The following factors shall be accorded weight in favor | ||||||
7 | of
imposing a term of imprisonment or may be considered by the | ||||||
8 | court as reasons
to impose a more severe sentence under Section | ||||||
9 | 5-8-1:
| ||||||
10 | (1) the defendant's conduct caused or threatened | ||||||
11 | serious harm;
| ||||||
12 | (2) the defendant received compensation for committing | ||||||
13 | the offense;
| ||||||
14 | (3) the defendant has a history of prior delinquency or | ||||||
15 | criminal activity;
| ||||||
16 | (4) the defendant, by the duties of his office or by | ||||||
17 | his position,
was obliged to prevent the particular offense | ||||||
18 | committed or to bring
the offenders committing it to | ||||||
19 | justice;
| ||||||
20 | (5) the defendant held public office at the time of the | ||||||
21 | offense,
and the offense related to the conduct of that | ||||||
22 | office;
| ||||||
23 | (6) the defendant utilized his professional reputation | ||||||
24 | or
position in the community to commit the offense, or to |
| |||||||
| |||||||
1 | afford
him an easier means of committing it;
| ||||||
2 | (7) the sentence is necessary to deter others from | ||||||
3 | committing
the same crime;
| ||||||
4 | (8) the defendant committed the offense against a | ||||||
5 | person 60 years of age
or older or such person's property;
| ||||||
6 | (9) the defendant committed the offense against a | ||||||
7 | person who is
physically handicapped or such person's | ||||||
8 | property;
| ||||||
9 | (10) by reason of another individual's actual or | ||||||
10 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
11 | sexual orientation, physical or mental
disability, or | ||||||
12 | national origin, the defendant committed the offense | ||||||
13 | against (i)
the person or property
of that individual; (ii) | ||||||
14 | the person or property of a person who has an
association | ||||||
15 | with, is married to, or has a friendship with the other | ||||||
16 | individual;
or (iii) the person or property of a relative | ||||||
17 | (by blood or marriage) of a
person described in clause (i) | ||||||
18 | or (ii). For the purposes of this Section,
"sexual | ||||||
19 | orientation" means heterosexuality, homosexuality, or | ||||||
20 | bisexuality;
| ||||||
21 | (11) the offense took place in a place of worship or on | ||||||
22 | the
grounds of a place of worship, immediately prior to, | ||||||
23 | during or immediately
following worship services. For | ||||||
24 | purposes of this subparagraph, "place of
worship" shall | ||||||
25 | mean any church, synagogue or other building, structure or
| ||||||
26 | place used primarily for religious worship;
|
| |||||||
| |||||||
1 | (12) the defendant was convicted of a felony committed | ||||||
2 | while he was
released on bail or his own recognizance | ||||||
3 | pending trial for a prior felony
and was convicted of such | ||||||
4 | prior felony, or the defendant was convicted of a
felony | ||||||
5 | committed while he was serving a period of probation,
| ||||||
6 | conditional discharge, or mandatory supervised release | ||||||
7 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
8 | (13) the defendant committed or attempted to commit a | ||||||
9 | felony while he
was wearing a bulletproof vest. For the | ||||||
10 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
11 | device which is designed for the purpose of
protecting the | ||||||
12 | wearer from bullets, shot or other lethal projectiles;
| ||||||
13 | (14) the defendant held a position of trust or | ||||||
14 | supervision such as, but
not limited to, family member as | ||||||
15 | defined in Section 12-12 of the Criminal Code
of 1961, | ||||||
16 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
17 | relation to a victim under 18 years of age, and the | ||||||
18 | defendant committed an
offense in violation of Section | ||||||
19 | 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | ||||||
20 | 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| ||||||
21 | against
that victim;
| ||||||
22 | (15) the defendant committed an offense related to the | ||||||
23 | activities of an
organized gang. For the purposes of this | ||||||
24 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
25 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
26 | Act;
|
| |||||||
| |||||||
1 | (16) the defendant committed an offense in violation of | ||||||
2 | one of the
following Sections while in a school, regardless | ||||||
3 | of the time of day or time of
year; on any conveyance | ||||||
4 | owned, leased, or contracted by a school to transport
| ||||||
5 | students to or from school or a school related activity; on | ||||||
6 | the real property
of a school; or on a public way within | ||||||
7 | 1,000 feet of the real property
comprising any school: | ||||||
8 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| ||||||
9 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
10 | 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
11 | 33A-2 of the Criminal Code of
1961;
| ||||||
12 | (16.5) the defendant committed an offense in violation | ||||||
13 | of one of the
following Sections while in a day care | ||||||
14 | center, regardless of the time of day or
time of year; on | ||||||
15 | the real property of a day care center, regardless of the | ||||||
16 | time
of day or time of year; or on a public
way within | ||||||
17 | 1,000 feet of the real property comprising any day care | ||||||
18 | center,
regardless of the time of day or time of year:
| ||||||
19 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | ||||||
20 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
21 | 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
22 | 33A-2 of the Criminal
Code of 1961;
| ||||||
23 | (17) the defendant committed the offense by reason of | ||||||
24 | any person's
activity as a community policing volunteer or | ||||||
25 | to prevent any person from
engaging in activity as a | ||||||
26 | community policing volunteer. For the purpose of
this |
| |||||||
| |||||||
1 | Section, "community policing volunteer" has the meaning | ||||||
2 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
3 | 1961;
| ||||||
4 | (18) the defendant committed the offense in a nursing | ||||||
5 | home or on the
real
property comprising a nursing home. For | ||||||
6 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
7 | skilled nursing
or intermediate long term care facility | ||||||
8 | that is subject to license by the
Illinois Department of | ||||||
9 | Public Health under the Nursing Home Care
Act or the MR/DD | ||||||
10 | Community Care Act ;
| ||||||
11 | (19) the defendant was a federally licensed firearm | ||||||
12 | dealer
and
was
previously convicted of a violation of | ||||||
13 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
14 | Identification Card Act and has now committed either a | ||||||
15 | felony
violation
of the Firearm Owners Identification Card | ||||||
16 | Act or an act of armed violence while
armed
with a firearm; | ||||||
17 | (20) the defendant (i) committed the offense of | ||||||
18 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
19 | 1961 or the offense of driving under the influence of | ||||||
20 | alcohol, other drug or
drugs, intoxicating compound or | ||||||
21 | compounds or any combination thereof under Section 11-501 | ||||||
22 | of the Illinois Vehicle Code or a similar provision of a | ||||||
23 | local ordinance and (ii) was operating a motor vehicle in | ||||||
24 | excess of 20 miles per hour over the posted speed limit as | ||||||
25 | provided in Article VI of Chapter 11 of the Illinois | ||||||
26 | Vehicle Code;
|
| |||||||
| |||||||
1 | (21) the defendant (i) committed the offense of | ||||||
2 | reckless driving or aggravated reckless driving under | ||||||
3 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
4 | operating a motor vehicle in excess of 20 miles per hour | ||||||
5 | over the posted speed limit as provided in Article VI of | ||||||
6 | Chapter 11 of the Illinois Vehicle Code; | ||||||
7 | (22) the defendant committed the offense against a | ||||||
8 | person that the defendant knew, or reasonably should have | ||||||
9 | known, was a member of the Armed Forces of the United | ||||||
10 | States serving on active duty. For purposes of this clause | ||||||
11 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
12 | of the United States, including a member of any reserve | ||||||
13 | component thereof or National Guard unit called to active | ||||||
14 | duty; or
| ||||||
15 | (23)
the defendant committed the offense against a | ||||||
16 | person who was elderly, disabled, or infirm by taking | ||||||
17 | advantage of a family or fiduciary relationship with the | ||||||
18 | elderly, disabled, or infirm person ; or .
| ||||||
19 | (24)
(22) the defendant committed any offense under | ||||||
20 | Section 11-20.1 of the Criminal Code of 1961 and possessed | ||||||
21 | 100 or more images.
| ||||||
22 | For the purposes of this Section:
| ||||||
23 | "School" is defined as a public or private
elementary or | ||||||
24 | secondary school, community college, college, or university.
| ||||||
25 | "Day care center" means a public or private State certified | ||||||
26 | and
licensed day care center as defined in Section 2.09 of the |
| |||||||
| |||||||
1 | Child Care Act of
1969 that displays a sign in plain view | ||||||
2 | stating that the
property is a day care center.
| ||||||
3 | (b) The following factors may be considered by the court as
| ||||||
4 | reasons to impose an extended term sentence under Section 5-8-2
| ||||||
5 | upon any offender:
| ||||||
6 | (1) When a defendant is convicted of any felony, after | ||||||
7 | having
been previously convicted in Illinois or any other | ||||||
8 | jurisdiction of the
same or similar class felony or greater | ||||||
9 | class felony, when such conviction
has occurred within 10 | ||||||
10 | years after the
previous conviction, excluding time spent | ||||||
11 | in custody, and such charges are
separately brought and | ||||||
12 | tried and arise out of different series of acts; or
| ||||||
13 | (2) When a defendant is convicted of any felony and the | ||||||
14 | court
finds that the offense was accompanied by | ||||||
15 | exceptionally brutal
or heinous behavior indicative of | ||||||
16 | wanton cruelty; or
| ||||||
17 | (3) When a defendant is convicted of voluntary | ||||||
18 | manslaughter, second
degree murder, involuntary | ||||||
19 | manslaughter or reckless homicide in which the
defendant | ||||||
20 | has been convicted of causing the death of more than one | ||||||
21 | individual; or
| ||||||
22 | (4) When a defendant is convicted of any felony | ||||||
23 | committed against:
| ||||||
24 | (i) a person under 12 years of age at the time of | ||||||
25 | the offense or such
person's property;
| ||||||
26 | (ii) a person 60 years of age or older at the time |
| |||||||
| |||||||
1 | of the offense or
such person's property; or
| ||||||
2 | (iii) a person physically handicapped at the time | ||||||
3 | of the offense or
such person's property; or
| ||||||
4 | (5) In the case of a defendant convicted of aggravated | ||||||
5 | criminal sexual
assault or criminal sexual assault, when | ||||||
6 | the court finds that
aggravated criminal sexual assault or | ||||||
7 | criminal sexual assault
was also committed on the same | ||||||
8 | victim by one or more other individuals,
and the defendant | ||||||
9 | voluntarily participated in the crime with the knowledge
of | ||||||
10 | the participation of the others in the crime, and the | ||||||
11 | commission of the
crime was part of a single course of | ||||||
12 | conduct during which there was no
substantial change in the | ||||||
13 | nature of the criminal objective; or
| ||||||
14 | (6) When a defendant is convicted of any felony and the | ||||||
15 | offense
involved any of the following types of specific | ||||||
16 | misconduct committed as
part of a ceremony, rite, | ||||||
17 | initiation, observance, performance, practice or
activity | ||||||
18 | of any actual or ostensible religious, fraternal, or social | ||||||
19 | group:
| ||||||
20 | (i) the brutalizing or torturing of humans or | ||||||
21 | animals;
| ||||||
22 | (ii) the theft of human corpses;
| ||||||
23 | (iii) the kidnapping of humans;
| ||||||
24 | (iv) the desecration of any cemetery, religious, | ||||||
25 | fraternal, business,
governmental, educational, or | ||||||
26 | other building or property; or
|
| |||||||
| |||||||
1 | (v) ritualized abuse of a child; or
| ||||||
2 | (7) When a defendant is convicted of first degree | ||||||
3 | murder, after having
been previously convicted in Illinois | ||||||
4 | of any offense listed under paragraph
(c)(2) of Section | ||||||
5 | 5-5-3, when such conviction has occurred within 10 years
| ||||||
6 | after the previous conviction, excluding time spent in | ||||||
7 | custody,
and such charges are separately brought and tried | ||||||
8 | and arise out of
different series of acts; or
| ||||||
9 | (8) When a defendant is convicted of a felony other | ||||||
10 | than conspiracy and
the court finds that
the felony was | ||||||
11 | committed under an agreement with 2 or more other persons
| ||||||
12 | to commit that offense and the defendant, with respect to | ||||||
13 | the other
individuals, occupied a position of organizer, | ||||||
14 | supervisor, financier, or any
other position of management | ||||||
15 | or leadership, and the court further finds that
the felony | ||||||
16 | committed was related to or in furtherance of the criminal
| ||||||
17 | activities of an organized gang or was motivated by the | ||||||
18 | defendant's leadership
in an organized gang; or
| ||||||
19 | (9) When a defendant is convicted of a felony violation | ||||||
20 | of Section 24-1
of the Criminal Code of 1961 and the court | ||||||
21 | finds that the defendant is a member
of an organized gang; | ||||||
22 | or
| ||||||
23 | (10) When a defendant committed the offense using a | ||||||
24 | firearm with a
laser sight attached to it. For purposes of | ||||||
25 | this paragraph (10), "laser sight"
has the meaning ascribed | ||||||
26 | to it in Section 24.6-5 of the Criminal Code of
1961; or
|
| |||||||
| |||||||
1 | (11) When a defendant who was at least 17 years of age | ||||||
2 | at the
time of
the commission of the offense is convicted | ||||||
3 | of a felony and has been previously
adjudicated a | ||||||
4 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
5 | an act
that if committed by an adult would be a Class X or | ||||||
6 | Class 1 felony when the
conviction has occurred within 10 | ||||||
7 | years after the previous adjudication,
excluding time | ||||||
8 | spent in custody; or
| ||||||
9 | (12) When a defendant commits an offense involving the | ||||||
10 | illegal
manufacture of a controlled substance under | ||||||
11 | Section 401 of the Illinois
Controlled Substances Act, the | ||||||
12 | illegal manufacture of methamphetamine under Section 25 of | ||||||
13 | the Methamphetamine Control and Community Protection Act, | ||||||
14 | or the illegal possession of explosives and an
emergency | ||||||
15 | response
officer in
the performance of his or her duties is
| ||||||
16 | killed or injured at the scene of the offense while | ||||||
17 | responding to the
emergency caused by the commission of the | ||||||
18 | offense.
In this paragraph (12),
"emergency" means a | ||||||
19 | situation in which a person's life, health, or safety is
in | ||||||
20 | jeopardy; and
"emergency response officer" means a peace | ||||||
21 | officer, community policing
volunteer, fireman, emergency | ||||||
22 | medical
technician-ambulance, emergency medical | ||||||
23 | technician-intermediate, emergency
medical | ||||||
24 | technician-paramedic, ambulance
driver, other medical | ||||||
25 | assistance or first aid personnel, or hospital emergency
| ||||||
26 | room personnel; or
|
| |||||||
| |||||||
1 | (13) When a defendant commits any felony and the | ||||||
2 | defendant used, possessed, exercised control over, or | ||||||
3 | otherwise directed an animal to assault a law enforcement | ||||||
4 | officer engaged in the execution of his or her official | ||||||
5 | duties or in furtherance of the criminal activities of an | ||||||
6 | organized gang in which the defendant is engaged.
| ||||||
7 | (b-1) For the purposes of this Section, "organized gang" | ||||||
8 | has the meaning
ascribed to it in Section 10 of the Illinois | ||||||
9 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
10 | (c) The court may impose an extended term sentence under | ||||||
11 | Section 5-8-2
upon any offender who was convicted of aggravated | ||||||
12 | criminal sexual assault
or predatory criminal sexual assault of | ||||||
13 | a child under subsection (a)(1) of
Section 12-14.1 of
the | ||||||
14 | Criminal Code of 1961
where the victim was under 18 years of | ||||||
15 | age at the time of the commission
of the offense.
| ||||||
16 | (d) The court may impose an extended term sentence under | ||||||
17 | Section 5-8-2 upon
any offender who was convicted of unlawful | ||||||
18 | use of weapons under Section 24-1 of
the Criminal Code of 1961 | ||||||
19 | for possessing a weapon that is not readily
distinguishable as | ||||||
20 | one of the weapons enumerated in Section 24-1 of the
Criminal | ||||||
21 | Code of 1961.
| ||||||
22 | (e) The court may impose an extended term sentence under | ||||||
23 | Section 5-8-2
upon an offender who has been convicted of first | ||||||
24 | degree murder when the
offender has previously been convicted | ||||||
25 | of domestic battery or aggravated
domestic battery committed | ||||||
26 | against the murdered individual or has
previously been |
| |||||||
| |||||||
1 | convicted of violation of an order of protection in which the
| ||||||
2 | murdered individual was the protected person.
| ||||||
3 | (Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556, | ||||||
4 | eff. 9-11-05; 94-819, eff. 5-31-06; 95-85, eff. 1-1-08; 95-362, | ||||||
5 | eff. 1-1-08; 95-569, eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, | ||||||
6 | eff. 1-1-09; revised 9-23-08.)
| ||||||
7 | Section 90-190. The Code of Civil Procedure is amended by | ||||||
8 | changing Section 2-203 as follows:
| ||||||
9 | (735 ILCS 5/2-203) (from Ch. 110, par. 2-203)
| ||||||
10 | Sec. 2-203. Service on individuals.
| ||||||
11 | (a) Except as otherwise expressly provided, service of | ||||||
12 | summons upon
an individual defendant shall be made (1) by | ||||||
13 | leaving a copy of the summons with
the defendant personally, | ||||||
14 | (2) by leaving a copy at the defendant's
usual place of
abode, | ||||||
15 | with some person of the family or a person residing there, of | ||||||
16 | the
age of 13 years or
upwards, and informing that person of | ||||||
17 | the contents of the summons, provided the
officer or other | ||||||
18 | person making service shall also send a copy of the
summons in | ||||||
19 | a sealed envelope with postage fully prepaid, addressed to
the | ||||||
20 | defendant at his or her usual place of abode, or (3) as | ||||||
21 | provided in
Section 1-2-9.2 of the Illinois Municipal Code with | ||||||
22 | respect to violation of an ordinance governing parking or
| ||||||
23 | standing of vehicles in cities with a population over 500,000.
| ||||||
24 | The certificate of the
officer or affidavit of the person that |
| |||||||
| |||||||
1 | he or she has sent the copy in
pursuance of this Section is | ||||||
2 | evidence that he or she has done so. No employee of a facility | ||||||
3 | licensed under the Nursing Home Care Act or the MR/DD Community | ||||||
4 | Care Act shall obstruct an officer or other person making | ||||||
5 | service in compliance with this Section.
| ||||||
6 | (b) The officer, in his or her certificate or in a record | ||||||
7 | filed and
maintained in the Sheriff's office, or other person | ||||||
8 | making service, in
his or her affidavit or in a record filed | ||||||
9 | and maintained in his or her
employer's
office, shall (1) | ||||||
10 | identify as to sex, race, and approximate age the
defendant or | ||||||
11 | other person with whom the summons was left and (2) state
the | ||||||
12 | place where (whenever possible in terms of an exact street | ||||||
13 | address)
and the date and time of the day when the summons was | ||||||
14 | left with the
defendant or other person.
| ||||||
15 | (c) Any person who knowingly sets forth in the certificate | ||||||
16 | or
affidavit any false statement, shall be liable in civil | ||||||
17 | contempt. When
the court holds a person in civil contempt under | ||||||
18 | this Section, it shall
award such damages as it determines to | ||||||
19 | be just and, when the
contempt is
prosecuted by a private | ||||||
20 | attorney, may award reasonable attorney's fees.
| ||||||
21 | (Source: P.A. 95-858, eff. 8-18-08.)
| ||||||
22 | Section 90-195. The Consumer Fraud and Deceptive Business | ||||||
23 | Practices Act is amended by changing Section 2BBB as follows: | ||||||
24 | (815 ILCS 505/2BBB) |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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1 | Sec. 2BBB
2ZZ . Long term care or MR/DD facility; Consumer | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Choice Information Report. A long term care facility that fails | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | to comply with Section 2-214 of the Nursing Home Care Act or a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | facility that fails to comply with Section 2-214 of the MR/DD | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Community Care Act commits an unlawful practice within the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | meaning of this Act.
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7 | (Source: P.A. 95-823, eff. 1-1-09; revised 9-25-08.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | ARTICLE 99. EFFECTIVE DATE
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9 | Section 99-99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | becoming law.
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| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||