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 Calculation of Penalties [Repealed]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 Quarterly List of Violators [Repealed]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 Supported Congregate Living Arrangement Demonstration [Repealed]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.

Notation

AUTHORITY: Implementing and authorized by the MC/DD Act [210 ILCS 46].