(210 ILCS 49/4-104)
Sec. 4-104. Provisional licensure requirements. Rules governing the provisional license and licensing process shall address, at a minimum, the following provisions: (1) mandatory community agency linkage; (2) discharge and transition planning; (3) non-residential triage centers and stabilization |
|
(4) crisis stabilization;
(5) transitional living units;
(6) recovery and rehabilitation supports;
(7) therapeutic activity and leisure training program;
(8) admission policies;
(9) consumer admission and assessment requirements;
(10) screening and consumer background checks,
|
| consistent with Section 1-114.01, subsections (b) and (c) of Section 2-201.5, and Section 2-201.6 of the Nursing Home Care Act;
|
|
(11) consumer records;
(12) informed consent;
(13) individualized treatment plan;
(14) consumer rights and confidentiality;
(15) safeguard of consumer funds;
(16) restraints and therapeutic separation;
(17) employee personnel policies and records;
(18) employee health evaluation;
(19) health care worker background check, consistent
|
| with the Health Care Worker Background Check Act;
|
|
(20) required professional job positions;
(21) consultation and training;
(22) quality assessment and performance improvement;
(23) consumer information;
(24) reporting of unusual occurrences;
(25) abuse and reporting to local law enforcement;
(26) fire safety and disaster preparedness;
(27) required support services, including, but not
|
| limited to, physician, health, pharmaceutical, infection control, dietetic, dental, and environmental;
|
|
(28) enhanced services requests and program
|
|
(29) participation in a managed care entity, a
|
| coordinated care entity, or an accountable care entity; and
|
|
(30) appropriate fines and sanctions associated with
|
| violations of laws, rules, or regulations.
|
|
(Source: P.A. 98-104, eff. 7-22-13.)
|
(210 ILCS 49/4-104.5) Sec. 4-104.5. Waiver of compliance. Upon application by a facility, the Director may grant or renew the waiver of the facility's compliance with a rule or standard for a period not to exceed the duration of the current license or, in the case of an application for license renewal, the duration of the renewal period. The waiver may be conditioned upon the facility taking action prescribed by the Director as a measure equivalent to compliance. In determining whether to grant or renew a waiver, the Director shall consider the duration and basis for any current waiver with respect to the same rule or standard and the validity and effect upon patient health and safety of extending it on the same basis, the effect upon the health and safety of consumers, the quality of consumer care, the facility's history of compliance with the rules and standards of this Act and the facility's attempts to comply with the particular rule or standard in question. Upon request by a facility, the Department must evaluate or allow for an evaluation of compliance with the Life Safety Code using the Fire Safety Evaluation System. In determining whether to grant or renew a waiver of a standard pertaining to Chapter 33 of the National Fire Protection Association (NFPA) 101 Life Safety Code, the Director shall use Fire Safety Evaluation Systems in determining whether to grant or renew the waiver. The Department may provide, by rule, for the automatic renewal of waivers concerning physical plant requirements upon the renewal of a license. The Department shall renew waivers relating to physical plant standards issued in accordance with this Section at the time of the indicated reviews, unless it can show why such waivers should not be extended for either of the following reasons: (1) the condition of the physical plant has |
| deteriorated or its use substantially changed so that the basis upon which the waiver was issued is materially different; or
|
|
(2) the facility is renovated or substantially
|
| remodeled in such a way as to permit compliance with the applicable rules and standards without a substantial increase in cost.
|
|
A copy of each waiver application and each waiver granted or renewed shall be on file with the Department and available for public inspection.
No penalty or fine may be assessed for a condition for which the facility has received a variance or waiver of a standard.
Waivers granted to a facility by the Department under any other law shall not be considered by the Department in its determination of a facility's compliance with the requirements of this Act, including, but not limited to, compliance with the Life Safety Code.
(Source: P.A. 100-365, eff. 8-25-17.)
|
(210 ILCS 49/4-108)
Sec. 4-108. Surveys and inspections. The Department shall conduct surveys of licensed facilities and their certified programs and services. The Department shall review the records or premises, or both, as it deems appropriate for the purpose of determining compliance with this Act and the rules promulgated under this Act. The Department shall have access to and may reproduce or photocopy any books, records, and other documents maintained by the facility to the extent necessary to carry out this Act and the rules promulgated under this Act. The Department shall not divulge or disclose the contents of a record under this Section as otherwise prohibited by this Act. Any holder of a license or applicant for a license shall be deemed to have given consent to any authorized officer, employee, or agent of the Department to enter and inspect the facility in accordance with this Article. Refusal to permit such entry or inspection shall constitute grounds for denial, suspension, or revocation of a license under this Act. (1) The Department shall conduct surveys to |
| determine compliance and may conduct surveys to investigate complaints.
|
|
(2) Determination of compliance with the service
|
| requirements shall be based on a survey centered on individuals that sample services being provided.
|
|
(3) Determination of compliance with the general
|
| administrative requirements shall be based on a review of facility records and observation of individuals and staff.
|
|
(4) The Department shall conduct surveys of licensed
|
| facilities and their certified programs and services to determine the extent to which these facilities provide high quality interventions, especially evidence-based practices, appropriate to the assessed clinical needs of individuals in the various levels of care.
|
|
(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14.)
|
(210 ILCS 49/4-109)
Sec. 4-109. License sanctions and revocation. (a) The Department may revoke a license for any failure to substantially comply with this Act and the rules promulgated under this Act, including, but not limited to, the following: (1) fails to correct deficiencies identified as a |
| result of an on-site survey by the Department and fails to submit a plan of correction within 30 days after receipt of the notice of violation;
|
|
(2) submits false information either on Department
|
| forms, required certifications, plans of correction or during an on-site inspection;
|
|
(3) refuses to permit or participate in a
|
| scheduled or unscheduled survey; or
|
|
(4) willfully violates any rights of individuals
|
|
(b) The Department may refuse to license or relicense a facility if the owner or authorized representative or licensee has been convicted of a felony related to the provision of healthcare or mental health services, as shown by a certified copy of the court of conviction.
(c) Facilities, as a result of an on-site survey, shall be recognized according to levels of compliance with standards as set forth in this Act. Facilities with findings from Level 1 to Level 3 will be considered to be in good standing with the Department. Findings from Level 3 to Level 5 will result in a notice of violations, a plan of correction and defined sanctions. Findings resulting in Level 6 will result in a notice of violations and defined sanction. The levels of compliance are:
(1) Level 1: Full compliance with this Act and the
|
| rules promulgated under this Act.
|
|
(2) Level 2: Acceptable compliance with this Act
|
| and the rules promulgated under this Act. No written plan of correction will be required from the licensee.
|
|
(3) Level 3: Partial compliance with this Act and
|
| the rules promulgated under this Act. An administrative warning is issued. The licensee shall submit a written plan of correction.
|
|
(4) Level 4: Minimal compliance with this Act and
|
| the rules promulgated under this Act. The licensee shall submit a written plan of correction, and the Department will issue a probationary license. A resurvey shall occur within 90 days.
|
|
(5) Level 5: Unsatisfactory compliance with this
|
| Act and the rules promulgated under this Act. The facility shall submit a written plan of correction, and the Department will issue a restricted license. A resurvey shall occur within 60 days.
|
|
(6) Level 6: Revocation of the license to provide
|
| services. Revocation may occur as a result of a licensee's consistent and repeated failure to take necessary corrective actions to rectify documented violations, or the failure to protect clients from situations that produce an imminent risk.
|
|
(d) Prior to initiating formal action to sanction a license, the Department shall allow the licensee an opportunity to take corrective action to eliminate or ameliorate a violation of this Act except in cases in which the Department determines that emergency action is necessary to protect the public or individual interest, safety, or welfare.
(e) Subsequent to an on-site survey, the Department shall issue a written notice to the licensee. The Department shall specify the particular Sections of this Act or the rules promulgated under this Act, if any, with which the facility is not compliant. The Department's notice shall require any corrective actions be taken within a specified time period as required by this Act.
(f) Sanctions shall be imposed according to the following definitions:
(1) Administrative notice: A written notice issued
|
| by the Department that specifies rule violations requiring a written plan of correction with time frames for corrections to be made and a notice that any additional violation of this Act or the rules promulgated under this Act may result in a higher level sanction. (Level 3)
|
|
(2) Probation: Compliance with this Act and the
|
| rules promulgated under this Act is minimally acceptable and necessitates immediate corrective action. Individuals' life safety or quality of care are not in jeopardy. The probationary period is time limited to 90 days. During the probationary period, the facility must make corrective changes sufficient to bring the facility back into good standing with the Department. Failure to make corrective changes within that given time frame may result in a determination to initiate a higher-level sanction. The admission of new individuals shall be prohibited during the probationary period. (Level 4)
|
|
(3) Restricted license: A licensee is sanctioned
|
| for unsatisfactory compliance. The admission of new individuals shall be prohibited during the restricted licensure period. Corrective action sufficient to bring the licensee back into good standing with the Department must be taken within 60 days. During the restricted licensure period a monitor will be assigned to oversee the progress of the facility in taking corrective action. If corrective actions are not taken, the facility will be subject to a higher-level sanction. (Level 5)
|
|
(4) Revocation: Revocation of the license is
|
| withdrawal by formal actions of the license. The revocation shall be in effect until such time that the provider submits a re-application and the licensee can demonstrate its ability to operate in good standing with the Department. The Department has the right not to reinstate a license. If revocation occurs as a result of imminent risk, all individuals shall be immediately relocated and all funding will be transferred. (Level 6)
|
|
(5) Financial penalty: A financial penalty may be
|
| imposed upon finding of violation in any one or combination of the provisions of this Act. In determining an appropriate financial penalty, the Department may consider the deterrent effect of the penalty on the organization and on other providers, the nature of the violation, the degree to which the violation resulted in a benefit to the organization or harm to the public, and any other relevant factor to be examined in mitigation or aggravation of the organization's conduct. The financial penalty may be imposed in conjunction with other sanctions or separately. Higher level sanctions may be imposed in situations where there are repeat violations.
|
|
(Source: P.A. 98-104, eff. 7-22-13.)
|