Illinois Administrative Code (Last Updated: March 27, 2024) |
TITLE77. PUBLIC HEALTH |
PART390. MEDICALLY COMPLEX FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE |
SUBPART A. GENERAL PROVISIONS |
§ 390.110. General Requirements |
§ 390.120. Application for License |
§ 390.130. Licensee |
§ 390.140. Issuance of an Initial License for a New Facility |
§ 390.150. Issuance of an Initial License Due to a Change of Ownership |
§ 390.160. Issuance of a Renewal License |
§ 390.165. Criteria for Adverse Licensure Actions |
§ 390.170. Denial of Initial License |
§ 390.175. Denial of Renewal of License |
§ 390.180. Revocation of License |
§ 390.185. Designation of Distressed Facilities |
§ 390.190. Experimental Program Conflicting With Requirements |
§ 390.200. Inspections, Surveys, Evaluations and Consultation |
§ 390.210. Filing an Annual Attested Financial Statement |
§ 390.220. Information to be Made Available to the Public by the Department |
§ 390.230. Information to be Made Available to the Public by the Licensee |
§ 390.240. Municipal Licensing |
§ 390.250. Ownership Disclosure |
§ 390.260. Issuance of Conditional Licenses |
§ 390.270. Monitor and Receivership |
§ 390.271. Presentation of Findings |
§ 390.272. Determination to Issue a Notice of Violation or Administrative Warning |
§ 390.274. Determination of the Type of a Violation |
§ 390.276. Notice of Violation |
§ 390.277. Administrative Warning |
§ 390.278. Plans of Correction |
§ 390.280. Reports of Correction |
§ 390.282. Conditions for Assessment of Penalties |
§ 390.284. Calculation of Penalties [Repealed] |
§ 390.286. Notice of Penalty Assessment: Response by Facility |
§ 390.287. Consideration of Factors for Assessing Penalties |
§ 390.288. Reduction or Waiver of Penalties |
§ 390.290. Quarterly List of Violators [Repealed] |
§ 390.300. Alcoholism Treatment Programs in Long-Term Care Facilities |
§ 390.310. Department May Survey Facilities Formerly Licensed |
§ 390.315. Supported Congregate Living Arrangement Demonstration [Repealed] |
§ 390.320. Waivers |
§ 390.330. Definitions |
§ 390.340. Incorporated and Referenced Materials |
SUBPART B. ADMINISTRATION |
§ 390.500. Administrator |
SUBPART C. POLICIES |
§ 390.610. Management Policies |
§ 390.620. Resident Care Policies |
§ 390.625. Determination of Need Screening and Request for Criminal History Record Information |
§ 390.626. Criminal History Background Checks for Persons Who Were Residents on January 1, 2022 |
§ 390.630. Admission, Retention and Discharge Policies |
§ 390.635. Identified Offenders |
§ 390.636. Discharge Planning for Identified Offenders |
§ 390.637. Transfer of an Identified Offender |
§ 390.640. Contract Between Resident and Facility |
§ 390.650. Residents' Advisory Council |
§ 390.660. General Policies |
§ 390.670. Personnel Policies |
§ 390.675. Initial Health Evaluation for Employees |
§ 390.680. Direct Support Persons |
§ 390.681. Health Care Worker Background Check |
§ 390.682. Resident Attendants |
§ 390.683. Health Care Worker Registry |
§ 390.685. Student Interns |
§ 390.690. Disaster Preparedness |
§ 390.700. Incidents and Accidents |
§ 390.750. Contacting Local Law Enforcement |
§ 390.760. Infection Control |
SUBPART D. PERSONNEL |
§ 390.770. Electronic Monitoring |
§ 390.810. General |
§ 390.820. Categories of Personnel |
§ 390.830. Consultation Services |
§ 390.840. Employee Assistance Program |
SUBPART E. HEALTH AND DEVELOPMENTAL SERVICES |
§ 390.1010. Service Programs |
§ 390.1020. Medical Services |
§ 390.1025. Life-Sustaining Treatments |
§ 390.1030. Physician Services |
§ 390.1035. Tuberculin Skin Test Procedures |
§ 390.1040. Nursing Services |
§ 390.1050. Dental Care Services |
§ 390.1060. Physical and Occupational Therapy Services |
§ 390.1070. Psychological Services |
§ 390.1080. Social Services |
§ 390.1090. Speech Pathology and Audiology Services |
§ 390.1100. Recreational and Activity Services |
§ 390.1110. Educational Services |
§ 390.1120. Work Activity and Prevocational Training Services |
§ 390.1130. Communicable Disease Policies |
§ 390.1140. Vaccinations |
§ 390.1150. Language Assistance Services |
SUBPART F. RESTRAINTS AND BEHAVIOR MANAGEMENT |
§ 390.1310. Restraints |
§ 390.1312. Nonemergency Use of Physical Restraints |
§ 390.1314. Emergency Use of Physical Restraints |
§ 390.1316. Unnecessary, Psychotropic, and Antipsychotic Drugs |
§ 390.1320. Behavior Management |
§ 390.1330. Behavior Emergencies [Repealed] |
SUBPART G. MEDICATIONS |
§ 390.1410. Medication Policies and Procedures |
§ 390.1420. Compliance with Licensed Prescriber's Orders |
§ 390.1430. Administration of Medication |
§ 390.1440. Labeling and Storage of Medications |
§ 390.1450. Control of Medications |
SUBPART H. RESIDENT AND FACILITY RECORDS |
§ 390.1610. Resident Record Requirements |
§ 390.1620. Content of Medical Records |
§ 390.1630. Confidentiality of Resident's Records |
§ 390.1640. Records Pertaining to Resident's Property |
§ 390.1650. Retention and Transfer of Resident Records |
§ 390.1660. Other Resident Record Requirements |
§ 390.1670. Staff Responsibility for Medical Records |
§ 390.1680. Retention of Facility Records |
§ 390.1690. Other Facility Record Requirements |
SUBPART I. FOOD SERVICE |
§ 390.1810. Director of Food Services |
§ 390.1820. Dietary Staff in Addition to Director of Food Services |
§ 390.1830. Hygiene of Dietary Staff |
§ 390.1840. Diet Orders |
§ 390.1850. Meal Planning |
§ 390.1860. Infant and Therapeutic Diets |
§ 390.1870. Scheduling Meals |
§ 390.1880. Menus and Food Records |
§ 390.1890. Food Preparation and Service |
§ 390.1900. Preparation of Infant Formula |
§ 390.1910. Food Handling Sanitation |
§ 390.1920. Kitchen Equipment, Utensils, and Supplies |
SUBPART J. MAINTENANCE, HOUSEKEEPING, AND LAUNDRY |
§ 390.2010. Maintenance |
§ 390.2020. Housekeeping |
§ 390.2030. Laundry Services |
SUBPART K. FURNISHINGS, EQUIPMENT, AND SUPPLIES |
§ 390.2210. Furnishings |
§ 390.2220. Equipment and Supplies |
§ 390.2230. Sterilization of Supplies and Equipment |
SUBPART L. WATER SUPPLY AND SEWAGE DISPOSAL |
§ 390.2410. Codes |
§ 390.2420. Water Supply |
§ 390.2430. Sewage Disposal |
§ 390.2440. Plumbing |
SUBPART M. DESIGN AND CONSTRUCTION STANDARDS FOR NEW FACILITIES |
§ 390.2610. Applicability of these Standards |
§ 390.2620. Codes and Standards |
§ 390.2630. Preparation of Drawings and Specifications |
§ 390.2640. Site |
§ 390.2650. Administration and Public Areas |
§ 390.2660. Nursing Unit |
§ 390.2670. Dining, Play, Activity/Program Rooms |
§ 390.2680. Therapy and Personal Care |
§ 390.2690. Service Departments |
§ 390.2700. General Building Requirements |
§ 390.2710. Structural |
§ 390.2720. Mechanical Systems |
§ 390.2730. Plumbing Systems |
§ 390.2740. Electrical Systems |
SUBPART N. DESIGN AND CONSTRUCTION STANDARDS FOR EXISTING FACILITIES |
§ 390.2910. Applicability |
§ 390.2920. Codes and Standards |
§ 390.2930. Preparation of Drawings and Specifications |
§ 390.2940. Site |
§ 390.2950. Administration and Public Areas |
§ 390.2960. Nursing Unit |
§ 390.2970. Play, Dining, Activity/Program Rooms |
§ 390.2980. Treatment and Personal Care |
§ 390.2990. Service Department |
§ 390.3000. General Building Requirements |
§ 390.3010. Structural |
§ 390.3020. Mechanical Systems |
§ 390.3030. Plumbing Systems |
§ 390.3040. Electrical Requirements |
SUBPART O. RESIDENT'S RIGHTS |
§ 390.3210. General |
§ 390.3220. Medical Care |
§ 390.3230. Restraints [Repealed] |
§ 390.3240. Abuse and Neglect |
§ 390.3250. Communication and Visitation |
§ 390.3260. Resident's Funds |
§ 390.3270. Residents' Advisory Council |
§ 390.3280. Contract With Facility |
§ 390.3290. Private Right of Action |
§ 390.3300. Transfer or Discharge |
§ 390.3310. Complaint Procedures |
§ 390.3320. Confidentiality |
§ 390.3330. Facility Implementation |
SUBPART P. DAY CARE PROGRAMS |
§ 390.3510. Day Care in Long-Term Care Facilities |
§ 390.APPENDIX A. Interpretation and Illustrative Services for Long-Term Care Facility for Residents Under 22 Years of Age [Repealed] |
§ 390.APPENDIX B. Forms for Day Care in Long-Term Care Facilities |
§ 390.APPENDIX C. Guidelines for the Use of Various Drugs |
§ 390.TABLE A. Infant Feeding |
§ 390.TABLE B. Daily Nutritional Requirements By Age Group |
§ 390.TABLE C. Sound Transmissions Limitations |
§ 390.TABLE D. Pressure Relationships and Ventilation Rates of Certain Areas for New Long-Term Care Facilities for Persons Under Twenty Two (22) Years of Age [Repealed] |
§ 390.TABLE E. Sprinkler Requirements [Repealed] |
§ 390.TABLE F. Heat Index Table/Apparent Temperature |
SOURCE: Adopted at 6 Ill. Reg. 1658, effective February 1, 1982; emergency amendment at 6 Ill. Reg. 3223, effective March 8, 1982, for a maximum of 150 days; amended at 6 Ill. Reg. 11622, effective September 14, 1982; amended at 6 Ill. Reg. 14557 and 14560, effective November 8, 1982; amended at 6 Ill. Reg. 14678, effective November 15, 1982; amended at 7 Ill. Reg. 282, effective December 22, 1982; amended at 7 Ill. Reg. 1927, effective January 28, 1983; amended at 7 Ill. Reg. 8574, effective July 11, 1983; amended at 7 Ill. Reg. 15821, effective November 15, 1983; amended at 7 Ill. Reg. 16988, effective December 14, 1983; amended at 8 Ill. Reg. 15585, 15589, and 15592, effective August 15, 1984; amended at 8 Ill. Reg. 16989, effective September 5, 1984; codified at 8 Ill. Reg. 19823; amended at 8 Ill. Reg. 24159, effective November 29, 1984; amended at 8 Ill. Reg. 24656, effective December 7, 1984; amended at 8 Ill. Reg. 25083, effective December 14, 1984; amended at 9 Ill. Reg. 122, effective December 26, 1984; amended at 9 Ill. Reg. 10785, effective July 1, 1985; amended at 11 Ill. Reg. 16782, effective October 1, 1987; amended at 12 Ill. Reg. 931, effective December 24, 1987; amended at 12 Ill. Reg. 16780, effective October 1, 1988; emergency amendment at 12 Ill. Reg. 18243, effective October 24, 1988, for a maximum of 150 days; emergency expired March 23, 1989; amended at 13 Ill. Reg. 6301, effective April 17, 1989; amended at 13 Ill. Reg. 19521, effective December 1, 1989; amended at 14 Ill. Reg. 14904, effective October 1, 1990; amended at 15 Ill. Reg. 1878, effective January 25, 1991; amended at 16 Ill. Reg. 623, effective January 1, 1992; amended at 16 Ill. Reg. 14329, effective September 3, 1992; emergency amendment at 17 Ill. Reg. 2390, effective February 3, 1993, for a maximum of 150 days; emergency expired on July 3, 1993; emergency amendment at 17 Ill. Reg. 7974, effective May 6, 1993, for a maximum of 150 days; emergency expired on October 3, 1993; amended at 17 Ill. Reg. 15073, effective September 3, 1993; amended at 17 Ill. Reg. 16167, effective January 1, 1994; amended at 17 Ill. Reg. 19235, effective October 26, 1993; amended at 17 Ill. Reg. 19547, effective November 4, 1993; amended at 17 Ill. Reg. 21031, effective November 20, 1993; amended at 18 Ill. Reg. 1453, effective January 14, 1994; amended at 18 Ill. Reg. 15807, effective October 15, 1994; amended at 19 Ill. Reg. 11525, effective July 29, 1995; emergency amendment at 20 Ill. Reg. 535, effective January 1, 1996, for a maximum of 150 days; emergency expired May 29, 1996; amended at 20 Ill. Reg. 10106, effective July 15, 1996; amended at 20 Ill. Reg. 12101, effective September 10, 1996; amended at 22 Ill. Reg. 4062, effective February 13, 1998; amended at 22 Ill. Reg. 7188, effective April 15, 1998; amended at 22 Ill. Reg. 16576, effective September 18, 1998; amended at 23 Ill. Reg. 1069, effective January 15, 1999; amended at 23 Ill. Reg. 8021, effective July 15, 1999; amended at 24 Ill. Reg. 17283, effective November 1, 2000; amended at 25 Ill. Reg. 4890, effective April 1, 2001; amended at 26 Ill. Reg. 4890, effective April 1, 2002; amended at 26 Ill. Reg. 10645, effective July 1, 2002; emergency amendment at 27 Ill. Reg. 2258, effective February 1, 2003, for a maximum of 150 days; emergency expired June 30, 2003; emergency amendment at 27 Ill. Reg. 5509, effective March 25, 2003, for a maximum of 150 days; emergency expired August 21, 2003; amended at 27 Ill. Reg. 5947, effective April 1, 2003; emergency amendment at 27 Ill. Reg. 14250, effective August 15, 2003, for a maximum of 150 days; emergency expired January 12, 2004; amended at 27 Ill. Reg. 15949, effective September 25, 2003; amended at 27 Ill. Reg. 18204, effective November 15, 2003; expedited correction at 28 Ill. Reg. 3565, effective November 15, 2003; amended at 28 Ill. Reg. 11231, effective July 22, 2004; emergency amendment at 29 Ill. Reg. 12025, effective July 12, 2005, for a maximum of 150 days; emergency rule modified in response to JCAR Recommendation at 29 Ill. Reg. 15301, effective September 23, 2005, for the remainder of the maximum 150 days; emergency amendment expired December 8, 2005; amended at 29 Ill. Reg. 12988, effective August 2, 2005; amended at 30 Ill. Reg. 1473, effective January 23, 2006; amended at 30 Ill. Reg. 5383, effective March 2, 2006; amended at 31 Ill. Reg. 6145, effective April 3, 2007; amended at 31 Ill. Reg. 8864, effective June 6, 2007; amended at 33 Ill. Reg. 9406, effective June 17, 2009; amended at 34 Ill. Reg. 19239, effective November 23, 2010; amended at 35 Ill. Reg. 3495, effective February 14, 2011; amended at 39 Ill. Reg. 5503, effective March 25, 2015; amended at 42 Ill. Reg. 6716, effective March 29, 2018; amended at 43 Ill. Reg. 3564, effective February 26, 2019; emergency amendment at 44 Ill. Reg. 8573, effective May 5, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 44 Ill. Reg. 16317, effective September 15, 2020, for the remainder of the 150 days; emergency rule as amended expired October 1, 2020; emergency amendment at 44 Ill. Reg. 16920, effective October 2, 2020, for a maximum of 150 days; emergency expired February 28, 2021; emergency amendment at 44 Ill. Reg. 19068, effective November 19, 2020, for a maximum of 150 days; emergency expired April 17, 2021; emergency amendment at 45 Ill. Reg. 469, effective December 18, 2020, for a maximum of 150 days; emergency amendment to emergency rule at 45 Ill. Reg. 2141, effective January 27, 2021, for the remainder of the 150 days; emergency rule as amended expired May 16, 2021; emergency amendment at 45 Ill. Reg. 3072, effective March 1, 2021, for a maximum of 150 days; emergency amendment repealed by emergency rulemaking at 45 Ill. Reg. 10115, effective July 25, 2021; emergency amendment at 45 Ill. Reg. 5648, effective April 18, 2021, for a maximum of 150 days; emergency expired September 14, 2021; emergency amendment at 45 Ill. Reg. 6763, effective May 17, 2021, for a maximum of 150 days; emergency expired October 13, 2021; emergency amendment at 45 Ill. Reg. 12079, effective September 15, 2021, for a maximum of 150 days; emergency amendment to emergency rule at 45 Ill. Reg. 14688, effective November 4, 2021, for the remainder of the 150 days; emergency rule as amended expired February 11, 2022; emergency amendment at 45 Ill. Reg. 13769, effective October 14, 2021, for a maximum of 150 days; emergency expired March 12, 2022; emergency amendment at 46 Ill. Reg. 3387, effective February 12, 2022, for a maximum of 150 days; emergency expired July 11, 2022; emergency amendment at 46 Ill. Reg. 5403, effective March 13, 2022, for a maximum of 150 days; emergency expired August 9, 2022; amended at 46 Ill. Reg. 8192, effective May 6, 2022; emergency amendment at 46 Ill. Reg. 13523, effective July 15, 2022, for a maximum of 150 days; emergency amendment to emergency rule at 46 Ill. Reg. 16517, effective September 19, 2022, for the remainder of the 150 days; emergency amendment to emergency rule at 46 Ill. Reg. 18337, effective October 31, 2022, for the remainder of the 150 days; emergency expired December 11, 2022; emergency amendment at 46 Ill. Reg. 20376, effective December 12, 2022, for a maximum of 150 days; emergency expired May 10, 2023; amended at 47 Ill. Reg. 14515, effective September 26, 2023; amended at 48 Ill. Reg. 2635, effective January 30, 2024.
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Notation
AUTHORITY: Implementing and authorized by the MC/DD Act [210 ILCS 46].