Section 300.110 General Requirements

Section 300

TITLE 77: PUBLIC HEALTH

CHAPTER I: DEPARTMENT OF PUBLIC HEALTH

SUBCHAPTER d: LONG-TERM CARE FACILITIES

PART 300 SKILLED NURSING AND INTERMEDIATE CARE FACILITIES CODE

SECTION 300.110 GENERAL REQUIREMENTS

Section 300.110  General

Requirements

a)         This Part applies to the operator/licensee of facilities, or

distinct parts of facilities, that are to be licensed and classified to provide

intermediate care or skilled nursing care, pursuant to the terms and conditions

of the Nursing Home Care Act.

b)         The license issued to each operator/licensee shall designate

the licensee's name, the facility name and address, the classification by level

of service authorized for that facility, the number of beds authorized for each

level, the date the license was issued and the expiration date. Licenses will

be issued for a period of

not less than

six

months nor more than 18

months for facilities with annual licenses and not less than 18 months nor more

than 30 months for facilities with

two-

year licenses

.  The

Department will set the period of the license based on the license expiration

dates of the facilities in the geographical area surrounding the facility

in

order to distribute the expiration dates

as evenly as possible

throughout

the calendar year

. (Section 3-110 of the Act)

c)         An applicant may request that the license issued by the

Department have distinct parts classified according to levels of services. The

distinct part shall meet the applicable physical plant standards of this Part,

based on the level of service classification sought for that distinct part.  To

protect the health, welfare, and safety of residents in a distinct part of the

facility who require higher standards, the facility shall comply with whatever

additional physical plant standards in any distinct part to achieve this

protection as required by the highest level of care being licensed

rds of this Part,

based on the level of service classification sought for that distinct part.  To

protect the health, welfare, and safety of residents in a distinct part of the

facility who require higher standards, the facility shall comply with whatever

additional physical plant standards in any distinct part to achieve this

protection as required by the highest level of care being licensed.

Administrative, supervisory, and other personnel may be shared by the entire

facility to meet the health, welfare, and safety needs of the residents of the

facility.

d)

A facility shall admit only that number of residents for

which it is licensed.

(Section 2-209 of the Act)

e)

No person shall:

1)

Willfully

file any false, incomplete or intentionally misleading information required to

be filed under

the

Act, or willfully fail or refuse to file any required

information;

2)

Open

or operate a facility without a license.

(Section 3-318(a) of the Act)

f)

A

violation of

subsection (e)

is a business offense, punishable by a fine

not to exceed $10,000, except as otherwise provided in

subsection (2) of

Section 3-103

of the Act and Section 300.120(e)

as to submission of

false or misleading information in a license application.

(Section

3-318(b) of the Act)

g)         An intermediate care facility shall not use in its title or

description "Hospital", "Sanitarium",

"Sanatorium", "Skilled Nursing Facility", or any other word

or description in its title or advertisements that indicates that a type of

service is provided by the facility for which the facility is not licensed to

provide or does not provide.  A skilled nursing facility may use in its title

or advertisement the words or description "Nursing Home",

"Intermediate Care", "Rehabilitation Center", or "Skilled

Nursing Facility"

Facility", or any other word

or description in its title or advertisements that indicates that a type of

service is provided by the facility for which the facility is not licensed to

provide or does not provide.  A skilled nursing facility may use in its title

or advertisement the words or description "Nursing Home",

"Intermediate Care", "Rehabilitation Center", or "Skilled

Nursing Facility".

h)

Any person establishing, constructing, or modifying a

health care facility or portion of a health care facility without obtaining a

required permit

from the Health Facilities and Services Review Board,

or

in violation of the terms of the required permit,

shall not be eligible

to apply for any necessary operating licenses or be eligible for payment by any

State agency for services rendered in that facility until the required permit

is obtained

.  (Section 13.1 of the Illinois Health Facilities Planning Act)

i)

The administrator of a facility licensed under the Act

and this Part

shall give 60 days' notice prior to voluntarily closing a

facility or prior to closing any part of a facility if closing

the

part

will require the transfer or discharge of more than 10% of the residents.  Notice

shall be given to the Department, to the Office of State Long-Term Care

Ombudsman, to any resident who must be transferred or discharged, to the

resident's representative, and to a member of the resident's family, when

practicable.  If the Department suspends, revokes, or denies renewal of the

facility's license, then notice

of the facility's closure

shall be given

no later than the date specified by the Department.  Notice shall state the

proposed date of closing and the reason for closing.  The facility shall submit

a closure plan to the Department for approval

,

which shall address the

process for the safe and orderly transfer of residents.  The approved plan

shall be included in the notice

icense, then notice

of the facility's closure

shall be given

no later than the date specified by the Department.  Notice shall state the

proposed date of closing and the reason for closing.  The facility shall submit

a closure plan to the Department for approval

,

which shall address the

process for the safe and orderly transfer of residents.  The approved plan

shall be included in the notice.  The facility shall offer to assist the

resident in securing an alternative placement and shall advise the resident on

available alternatives.  When the resident is unable to choose an alternate

placement and is not under guardianship, the Department shall be notified of

the need for relocation assistance.  A facility closing in its entirety shall not

admit any new residents on or after the date the written notice is submitted to

the Department

as specified by the Act and this Part

.  The facility

shall comply with all applicable laws and regulations until the date of

closing, including those related to transfer or discharge of residents.  The

Department may place a relocation team in the facility as provided

by

Section

3-419 of the Act and Section 300.3300 of this Part

.

(Section 3-423 of

the Act)

j)          Licensure for More Than One Level of Care

1)         A facility may be licensed for more than one level of care.

Bedrooms of like-licensed levels of care shall be contiguous to each other

within each "nursing unit" as defined in Section 300.330.  Each

nursing unit may have up to two levels of care and shall meet the construction

standards for the highest licensed level of care in the nursing unit

nsure for More Than One Level of Care

1)         A facility may be licensed for more than one level of care.

Bedrooms of like-licensed levels of care shall be contiguous to each other

within each "nursing unit" as defined in Section 300.330.  Each

nursing unit may have up to two levels of care and shall meet the construction

standards for the highest licensed level of care in the nursing unit.

2)         If a facility wishes to license a portion of its beds as an

Intermediate Care for the Developmentally Disabled, Medically Complex for the

Developmentally Disabled, or assisted living, licensed under the ID/DD

Community Care Act, the MC/DD Act, and the Assisted Living and Shared Housing

Act, respectively, the beds shall be located in a distinct part (as defined in

Section 300.330) of the facility.

k)         Each facility shall notify the Department via e-mail at DPH.StrikePlan@illinois.gov

within 24 hours after receiving a notice of impending strike of staff providing

direct care.  The facility shall submit a strike contingency plan to the

Department no later than three calendar days prior to the impending strike.

l)          Each facility shall provide the Department with a facility-specific

email address.  The facility shall not change the email address without prior

notice to the Department.

m)

A facility licensed under the Nursing Home Care Act may not

refer a patient or the family of a patient to

a home health agency, home

nursing agency, or home services

agency unless the agency is licensed under

the Home Health, Home Services, and Home Nursing Agency Licensing Act.

(Section

3.8 of the Home Health, Home Services, and Home Nursing Agency Licensing Act)  A

facility shall request a copy of an agency's license prior to making a referral

to that agency.

n)         A facility shall comply with the Alzheimer's Disease and

Related Dementias Services Act and the Alzheimer's Disease and Related

Dementias Services Code

rvices, and Home Nursing Agency Licensing Act.

(Section

3.8 of the Home Health, Home Services, and Home Nursing Agency Licensing Act)  A

facility shall request a copy of an agency's license prior to making a referral

to that agency.

n)         A facility shall comply with the Alzheimer's Disease and

Related Dementias Services Act and the Alzheimer's Disease and Related

Dementias Services Code.

o)         A facility shall obtain approval from the Department prior to

providing medical ventilator care for residents.  Facilities providing medical

ventilator care shall:

1)         Comply with the requirements in Section 300.2940 (Electrical

Systems) or Section 300.3140 (Electrical Requirements), as applicable; and

2)         Submit documentation of compliance to the Department via email

at the DPH.LTCQA.Licensure@illinois.gov for review and approval.  Submission of

documentation and the response by the Department shall be in accordance with

Section 3-202.5 of the Act and Section 300.2810 of this Part.