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90_HB0047
210 ILCS 45/2-209.5 new
210 ILCS 45/3-202 from Ch. 111 1/2, par. 4153-202
Amends the Nursing Home Care Act to set forth a minimum
number of nursing personnel that must be available to nursing
home residents. Effective immediately.
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LRB9000777LDdv
1 AN ACT to amend the Nursing Home Care Act by changing
2 Section 3-202 and adding Section 2-209.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Nursing Home Care Act is amended by
6 changing Section 3-202 and adding Section 2-209.5 as follows:
7 (210 ILCS 45/2-209.5 new)
8 Sec. 2-209.5. Minimum standards for nurse staffing. At a
9 minimum, a facility shall provide the following nursing
10 personnel:
11 (1) one full-time Registered Nurse acting as
12 Director of Nursing;
13 (2) in a facility with 100 or more beds, one
14 full-time Registered Nurse acting as Assistant
15 Director of Nursing;
16 (3) one full-time Registered Nurse acting as
17 Director of In-service Education;
18 (4) one Registered Nurse on duty at all times
19 at the facility acting as Nursing Supervisor;
20 (5) one direct caregiver, including and
21 limited to a Registered Nurse, Licensed Practical
22 Nurse, or Nurse's Aide licensed in the State of
23 Illinois, for every 5 residents during a day shift,
24 for every 10 residents during an evening shift, and
25 for every 15 residents during a night shift; and
26 (6) one licensed caregiver, including and
27 limited to a Registered Nurse or Licensed Practical
28 Nurse licensed in the State of Illinois, for every
29 15 residents during a day shift, for every 25
30 residents during an evening shift, and for every 35
31 residents during a night shift. The requirements of
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1 this item may be satisfied by the assignment of a
2 Registered Nurse or Licensed Practical Nurse as a
3 direct caregiver under item (4).
4 (210 ILCS 45/3-202) (from Ch. 111 1/2, par. 4153-202)
5 Sec. 3-202. The Department shall prescribe minimum
6 standards for facilities. These standards shall regulate:
7 (1) Location and construction of the facility, including
8 plumbing, heating, lighting, ventilation, and other physical
9 conditions which shall ensure the health, safety, and comfort
10 of residents and their protection from fire hazard;
11 (2) Number and qualifications of all personnel,
12 including management and nursing personnel, having
13 responsibility for any part of the care given to residents;
14 specifically, and subject to the minimum standards set forth
15 in Section 2-209.5 of this Act, the Department shall
16 establish staffing ratios for facilities which shall specify
17 the number of staff hours per resident of care that are
18 needed for professional nursing care for various types of
19 facilities or areas within facilities;
20 (3) All sanitary conditions within the facility and its
21 surroundings, including water supply, sewage disposal, food
22 handling, and general hygiene, which shall ensure the health
23 and comfort of residents;
24 (4) Diet related to the needs of each resident based on
25 good nutritional practice and on recommendations which may be
26 made by the physicians attending the resident;
27 (5) Equipment essential to the health and welfare of the
28 residents;
29 (6) A program of habilitation and rehabilitation for
30 those residents who would benefit from such programs;
31 (7) A program for adequate maintenance of physical plant
32 and equipment;
33 (8) Adequate accommodations, staff and services for the
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1 number and types of residents for whom the facility is
2 licensed to care, including standards for temperature and
3 relative humidity within comfort zones determined by the
4 Department based upon a combination of air temperature,
5 relative humidity and air movement. Such standards shall
6 also require facility plans that provide for health and
7 comfort of residents at medical risk as determined by the
8 attending physician whenever the temperature and relative
9 humidity are outside such comfort zones established by the
10 Department.
11 (9) Development of evacuation and other appropriate
12 safety plans for use during weather, health, fire, physical
13 plant, environmental and national defense emergencies; and
14 (10) Maintenance of minimum financial or other resources
15 necessary to meet the standards established under this
16 Section, and to operate and conduct the facility in
17 accordance with this Act.
18 (Source: P.A. 83-1530.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.