Section 300.330 Definitions

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 300.330 DEFINITIONS

Section 300.330  Definitions

Abuse

− any physical or mental injury or sexual assault inflicted on a resident

other than by accidental means in a facility.

(Section 1-103 of the Act)

Abuse means:

Physical abuse

refers to the infliction of injury on a resident that occurs other than by

accidental means and that requires (whether or not actually given) medical

attention.

Mental injury

arises from the following types of conduct:

Verbal abuse

refers to the use by a licensee, employee or agent of oral, written or gestured

language that includes disparaging and derogatory terms to residents or within

their hearing or seeing distance, regardless of their age, ability to

comprehend or disability.

Mental abuse

includes, but is not limited to, humiliation, harassment, threats of punishment

or deprivation, or offensive physical contact by a licensee, employee or agent.

Sexual

harassment or sexual coercion perpetrated by a licensee, employee or agent.

Sexual

assault.

Access

− the right to:

Enter any

facility

;

Communicate

privately and without restriction with any resident who consents to the

communication;

Seek

consent to communicate privately and without restriction with any resident;

Inspect the

clinical and other records of a resident with the express written consent of

the resident;

Observe all

areas of the facility except the living area of any resident who protests the

observation.

(Section 1-104 of the Act)

Act − as

used in this Part, the Nursing Home Care Act.

Activity

Program − a specific planned program of varied group and individual

activities geared to the individual resident's needs and available for a

reasonable number of hours each day

nsent of

the resident;

Observe all

areas of the facility except the living area of any resident who protests the

observation.

(Section 1-104 of the Act)

Act − as

used in this Part, the Nursing Home Care Act.

Activity

Program − a specific planned program of varied group and individual

activities geared to the individual resident's needs and available for a

reasonable number of hours each day.

Adaptive

Behavior − the effectiveness or degree with which the individual meets

the standards of personal independence and social responsibility expected of

the individual's age and cultural group.

Adaptive

Equipment − a physical or mechanical device, material or equipment

attached or adjacent to the resident's body that may restrict freedom of

movement or normal access to one's body, the purpose of which is to permit or

encourage movement, or to provide opportunities for increased functioning, or

to prevent contractures or deformities.  Adaptive equipment is not a physical

restraint.  No matter the purpose, adaptive equipment does not include any

device, material or method described in Section 300.680 of this Part as a

physical restraint.

Addition

− any construction attached to the original building that increases the

area or cubic content of the building.

Adequate or

Satisfactory or Sufficient − enough in either quantity or quality, as

determined by a reasonable person familiar with the professional standards of

the subject under review, to meet the needs of the residents of a facility

under the particular set of circumstances in existence at the time of review.

Administrative

Warning − a notice to a facility issued by the Department under Section

300.277 of this Part and Section 3-303.2 of the Act that indicates that a

situation, condition, or practice in the facility violates the Act or the

Department's rules, but is not a Type AA, Type A, Type B, or Type C violation

lity

under the particular set of circumstances in existence at the time of review.

Administrative

Warning − a notice to a facility issued by the Department under Section

300.277 of this Part and Section 3-303.2 of the Act that indicates that a

situation, condition, or practice in the facility violates the Act or the

Department's rules, but is not a Type AA, Type A, Type B, or Type C violation.

Administrator

−

a person who is charged with the general administration and

supervision of a facility and licensed, if required, under the Nursing Home

Administrators Licensing and Disciplinary Act.

(Section 1-105 of the Act)

Advocate

− a person who represents the rights and interests of an individual as

though they were the person's own, in order to realize the rights to which the

individual is entitled, obtain needed services, and remove barriers to meeting

the individual's needs.

Affiliate

−

means:

With

respect to a partnership, each partner thereof.

With

respect to a corporation, each officer, director and stockholder thereof.

With

respect to a natural person: any person related in the first degree of kinship

to that person; each partnership and each partner thereof of which that person

or any affiliate of that person is a partner; and each corporation in which

that person or any affiliate of that person is an officer, director or

stockholder.

(Section 1-106 of the Act)

Aide or

Orderly − any person providing direct personal care, training or

habilitation services to residents.

Alteration

− any construction change or modification of an existing building that

does not increase the area or cubic content of the building.

Ambulatory

Resident − a person who is physically and mentally capable of walking

without assistance, or is physically able with guidance to do so, including the

ascent and descent of stairs.

Applicant

− any person making application for a license

nts.

Alteration

− any construction change or modification of an existing building that

does not increase the area or cubic content of the building.

Ambulatory

Resident − a person who is physically and mentally capable of walking

without assistance, or is physically able with guidance to do so, including the

ascent and descent of stairs.

Applicant

− any person making application for a license.

(Section 1-107 of the

Act)

Appropriate

− term used to indicate that a requirement is to be applied according to

the needs of a particular individual or situation.

Assessment

− the use of an objective system with which to evaluate the physical,

social, developmental, behavioral, and psychosocial aspects of an individual.

Audiologist

− a person who is licensed as an audiologist under the Illinois

Speech-Language Pathology and Audiology Practice Act.

Autism −

a syndrome described as consisting of withdrawal, very inadequate social

relationships, exceptional object relationships, language disturbances and

monotonously repetitive motor behavior.

Autoclave

− an apparatus for sterilizing by superheated steam under pressure.

Basement

− when used in this Part, any story or floor level below the main or

street floor.  Where, due to grade difference, there are two levels that

qualify as a street floor, a basement is any floor below the level of the two

street floors.  Basements shall not be counted in determining the height of a

building in stories.

Behavior

Modification − treatment to be used to establish or change behavior

patterns.

Cerebral Palsy

− a disorder dating from birth or early infancy, nonprogressive,

characterized by examples of aberrations of motor function (paralysis,

weakness, incoordination) and often other manifestations of organic brain

damage such as sensory disorders, seizures, learning difficulty and behavior

disorders.

Certification

for Title XVIII and XIX − the issuance of a document by the Department to

the U.S

− a disorder dating from birth or early infancy, nonprogressive,

characterized by examples of aberrations of motor function (paralysis,

weakness, incoordination) and often other manifestations of organic brain

damage such as sensory disorders, seizures, learning difficulty and behavior

disorders.

Certification

for Title XVIII and XIX − the issuance of a document by the Department to

the U.S. Department of Health and Human Services or the Department of

Healthcare and Family Services verifying compliance with applicable statutory

or regulatory requirements for the purposes of participation as a provider of

care and service in a specific federal or State health program.

Certified Nursing

Assistant – any person who meets the requirements of 77 Ill. Adm. Code 395 and

who provides nursing care or personal care to residents of facilities,

regardless of title, and who is not otherwise licensed, certified or registered

by the Department of Financial and Professional Regulation to render medical

care.  Certified nursing assistants shall function under the supervision of a

licensed nurse.

Charge Nurse

− a registered professional nurse or a licensed practical nurse in charge

of the nursing activities for a specific unit or floor during a shift.

Chemical

Restraint − any drug

that is

used for discipline or convenience

and

is

not required to treat medical symptoms

or behavior

manifestations of mental illness.  (Section 2-106 of the Act)

Colbert

Consent Decree – Colbert et al. v. Pritzker et al., Case No. 07 C 4737, United

States District Court, N.D. Illinois, Eastern Division.

Colbert

Consent Decree Class Members or Colbert Class Members – all Medicaid-eligible

adults with disabilities in Cook County, Illinois, who are being, or may in the

future be, unnecessarily confined to nursing facilities and who, with

appropriate supports and services, may be able to live in a community setting

ase No. 07 C 4737, United

States District Court, N.D. Illinois, Eastern Division.

Colbert

Consent Decree Class Members or Colbert Class Members – all Medicaid-eligible

adults with disabilities in Cook County, Illinois, who are being, or may in the

future be, unnecessarily confined to nursing facilities and who, with

appropriate supports and services, may be able to live in a community setting.

Colbert

Consent Decree Defendant Agencies – the Illinois Department of Human Services,

the Illinois Department of Public Health, the Illinois Department on Aging, and

the Illinois Department of Healthcare and Family Services, including any

successor to these departments.

Community

Alternatives − service programs in the community provided as an

alternative to institutionalization.

Continuing

Care Contract − a contract through which a facility agrees to supplement

all forms of financial support for a resident throughout the remainder of the

resident's life.

Contract

− a binding agreement between a resident or the resident's guardian (or,

if the resident is a minor, the resident's parent) and the facility or its

agent.

Dentist

− any person licensed to practice dentistry, including persons holding a

Temporary Certificate of Registration, as provided in the Illinois Dental

Practice Act.

Department

−

the Department of Public Health.

(Section 1-109 of the Act)

Developmental

Disability − means a severe, chronic disability of a person which:

is

attributable to a mental or physical impairment or combination of mental and

physical impairments,

such as intellectual disability, cerebral palsy,

epilepsy, autism;

is

manifested before the person attains age 22;

is likely

to continue indefinitely;

results in

substantial functional limitations in 3 or more of the following areas of major

life activity:

self-care,

receptive

and expressive language,

learning,

mobility,

self-direction,

capacity

for independent living, and

economic

self-sufficiency; and

reflects

the person's need for combination and sequence of s

fested before the person attains age 22;

is likely

to continue indefinitely;

results in

substantial functional limitations in 3 or more of the following areas of major

life activity:

self-care,

receptive

and expressive language,

learning,

mobility,

self-direction,

capacity

for independent living, and

economic

self-sufficiency; and

reflects

the person's need for combination and sequence of special, interdisciplinary or

generic care, treatment or other services which are of lifelong or extended

duration and are individually planned and coordinated.

(Section 3-801.1 of

the Act)

Dietetic

Service Supervisor − a person who:

is a

dietitian;

is a graduate

of a dietetic and nutrition school or program authorized by the Accreditation

Council for Education in Nutrition and Dietetics, the Academy of Nutrition and

Dietetics, or the American Clinical Board of Nutrition;

is a graduate,

prior to July 1, 1990, of a Department-approved course that provided 90 or more

hours of classroom instruction in food service supervision and has had

experience as a supervisor in a health care institution which included

consultation from a dietitian;

has

successfully completed an Association of Nutrition & Foodservice

Professionals approved Certified Dietary Manager or Certified Food Protection

Professional course;

is certified

as a Certified Dietary Manager or Certified Food Protection Professional by the

Association of Nutrition & Foodservice Professionals; or

has training

and experience in food service supervision and management in a military service

equivalent in content to the programs in the second, third or fourth paragraph

of this definition.

Dietitian

− a person who is a licensed dietitian nutritionist as defined in the

Dietitian Nutritionist Practice Act

rotection Professional by the

Association of Nutrition & Foodservice Professionals; or

has training

and experience in food service supervision and management in a military service

equivalent in content to the programs in the second, third or fourth paragraph

of this definition.

Dietitian

− a person who is a licensed dietitian nutritionist as defined in the

Dietitian Nutritionist Practice Act.

Direct

Supervision − under the guidance and direction of a supervisor who is

responsible for the work, who plans work and methods, who is available on short

notice to answer questions and deal with problems that are not strictly

routine, who regularly reviews the work performed, and who is accountable for

the results.

Director

− the Director of Public Health or

the Director's

designee.

(Section 1-110 of the Act)

Director of

Nursing Service − the full-time registered professional nurse who is

directly responsible for the immediate supervision of the nursing services.

Discharge

− the full release of any resident from a facility.

(Section 1-111

of the Act)

Discipline

− any action taken by the facility for the purpose of punishing or

penalizing residents.

Distinct Part

− an entire, physically identifiable unit consisting of all of the beds

within that unit and having facilities meeting the standards applicable to the

levels of service to be provided.  Staff and services for a distinct part are

established as set forth in the respective regulations governing the levels of

services approved for the distinct part.

Emergency

− a situation, physical condition or one or more practices, methods or

operations which present imminent danger of death or serious physical or mental

harm to residents of a facility.

(Section 1-112 of the Act)

Epilepsy

− a chronic symptom of cerebral dysfunction, characterized by recurrent

attacks, involving changes in the state of consciousness, sudden in onset, and

of brief duration.  Many attacks are accompanied by a seizure in which the

person falls involuntarily

ions which present imminent danger of death or serious physical or mental

harm to residents of a facility.

(Section 1-112 of the Act)

Epilepsy

− a chronic symptom of cerebral dysfunction, characterized by recurrent

attacks, involving changes in the state of consciousness, sudden in onset, and

of brief duration.  Many attacks are accompanied by a seizure in which the

person falls involuntarily.

Existing

Facility − any facility initially licensed as a health care facility or

approved for construction by the Department, or any facility initially licensed

or operated by any other agency of the State of Illinois, prior to March 1,

1980.  Existing facilities shall meet the design and construction standards for

existing facilities for the level of long-term care for which the license (new

or renewal) is to be granted.

Exploitation

− taking advantage of a resident for personal gain through the use of

manipulation, intimidation, threats or coercion.

Facility,

Intermediate Care − a facility that provides basic nursing care and other

restorative services under periodic medical direction.  Many of these services

may require skill in administration.  These facilities are for residents who

have long-term illnesses or disabilities that may have reached a relatively

stable plateau.

Facility or

Long-Term Care Facility − a private home, institution, building, residence,

or any other place, whether operated for profit or not, or a county home for

the infirm and chronically ill operated pursuant to

Division 5-21 or

5-22 of the Counties Code

,

or any similar institution operated by a

political subdivision of the State of Illinois, which provides, through its

ownership or management, personal care, sheltered care or nursing for three or

more persons, not related to the applicant or owner by blood or marriage.  It

includes skilled nursing facilities and intermediate care facilities as those

terms are defined in Title XVIII and Title XIX of the Federal Social Security

Act

(42 U.S.C. 1395 et seq

n of the State of Illinois, which provides, through its

ownership or management, personal care, sheltered care or nursing for three or

more persons, not related to the applicant or owner by blood or marriage.  It

includes skilled nursing facilities and intermediate care facilities as those

terms are defined in Title XVIII and Title XIX of the Federal Social Security

Act

(42 U.S.C. 1395 et seq. and 1936 et seq.).

It also includes homes,

institutions, or other places operated by or under the authority of the

Illinois Department of Veterans' Affairs.

A "facility" may

consist of more than one building as long as the buildings are on the same

tract, or adjacent tracts of land.  However, there shall be no more than one

"facility" in any one building.

"Facility" does not

include the following:

A home,

institution, or other place operated by the federal government or agency

thereof, or by the State of Illinois

other than homes, institutions, or

other places operated by or under the authority of the Illinois Department of

Veterans' Affairs;

A hospital,

sanitarium, or other institution whose principal activity or business is the

diagnosis, care, and treatment of human illness through the maintenance and

operation as organized facilities therefor, which is required to be licensed under

the Hospital Licensing Act

;

Any

"facility for child care" as defined in the Child Care Act of 1969

;

Any

"community living facility" as defined in the Community Living

Facilities Licensing Act

;

Any nursing

home or sanatorium operated solely by and for persons who rely exclusively upon

treatment by spiritual means through prayer, in accordance with the creed or

tenets of any well-recognized church or religious denomination

"facility for child care" as defined in the Child Care Act of 1969

;

Any

"community living facility" as defined in the Community Living

Facilities Licensing Act

;

Any nursing

home or sanatorium operated solely by and for persons who rely exclusively upon

treatment by spiritual means through prayer, in accordance with the creed or

tenets of any well-recognized church or religious denomination.  However,

the

nursing home or sanatorium shall comply with all local laws and rules relating

to sanitation and safety;

Any

facility licensed by the Department of

Human Services

as a

community-integrated living arrangement as defined in the Community-Integrated

Living Arrangements Licensure and Certification Act

;

Any

supportive residence licensed under the Supportive Residences Licensing Act;

Any

supportive living facility in good standing with the program established under

Section 5-5.01a of the Illinois Public Aid Code, except

only for

purposes of the employment of persons in accordance with Section 3-206.01

of the Act;

Any

assisted living or shared housing establishment licensed under the Assisted

Living and Shared Housing Act, except

only for purposes of the

employment of persons in accordance with Section 3-206.01

of the Act;

An

Alzheimer's disease management center alternative health care model licensed

under the Alternative Health Care Delivery Act

;

A facility

licensed under the ID/DD Community Care Act;

A facility

licensed under the Specialized Mental Health Rehabilitation Act of 2013;

A facility

licensed under the MC/DD Act; or

A medical

foster home, as defined in 38 CFR 17.73, that is under the oversight of the

U.S. Department of Veterans Affairs.

(Section 1-113 of the Act)

Facility,

Skilled Nursing − when used in this Part is synonymous with a skilled

nursing facility.  A skilled nursing facility provides skilled nursing care,

continuous skilled nursing observations, restorative nursing, and other services

under professional direction with frequent medical supervision

is under the oversight of the

U.S. Department of Veterans Affairs.

(Section 1-113 of the Act)

Facility,

Skilled Nursing − when used in this Part is synonymous with a skilled

nursing facility.  A skilled nursing facility provides skilled nursing care,

continuous skilled nursing observations, restorative nursing, and other services

under professional direction with frequent medical supervision.  These

facilities are provided for patients who need the type of care and treatment

required during the post-acute phase of illness or during recurrences of

symptoms in long-term illness.

Financial

Responsibility − having sufficient assets to provide adequate services

such as: staff, heat, laundry, foods, supplies, and utilities for at least a

two-month period of time.

Full-time

− means on duty a minimum of 36 hours, four days per week.

Goal −

an expected result or condition that involves a relatively long period of time

to achieve, that is specified in behavioral terms in a statement of relatively

broad scope, and that provides guidance in establishing specific, short-term

objectives directed toward its attainment.

Governing Body

− the policy-making authority, whether an individual or a group, that

exercises general direction over the affairs of a facility and establishes

policies concerning its operation and the welfare of the individuals it serves.

Guardian

− a person appointed as a guardian of the person or guardian of the

estate, or both, of a resident under the Probate Act of 1975

. (Section

1-114 of the Act)

Habilitation

− an effort directed toward the alleviation of a disability or toward

increasing a person's level of physical, mental, social or economic

functioning. Habilitation may include, but is not limited to, diagnosis,

evaluation, medical services, residential care, day care, special living

arrangements, training, education, sheltered employment, protective services,

counseling and other services

on

− an effort directed toward the alleviation of a disability or toward

increasing a person's level of physical, mental, social or economic

functioning. Habilitation may include, but is not limited to, diagnosis,

evaluation, medical services, residential care, day care, special living

arrangements, training, education, sheltered employment, protective services,

counseling and other services.

Health

Information Management Consultant − a person who is certified as a

Registered Health Information Administrator (RHIA) or a Registered Health

Information Technician (RHIT) by the American Health Information Management

Association; or is a graduate of a school of health information management that

is accredited jointly by the American Medical Association and the American

Health Information Management Association.

Health

Services Supervisor (Director of Nursing Service) − the full-time

Registered Nurse who is directly responsible for the immediate supervision of

the health services in an Intermediate Care Facility.

High Risk

Designation – a violation

,

as described in Section 300.282(i),

of

a provision

listed in Section 300.282(j)

or

in

statute that has

been

identified by the Department

in Section 300.282(j)

or

designated in statute to be inherently necessary to protect the health, safety,

and welfare of a resident.

(Section 1-114.005 of the Act)

Hospitalization

− the care and treatment of a person in a hospital as an inpatient

violation

,

as described in Section 300.282(i),

of

a provision

listed in Section 300.282(j)

or

in

statute that has

been

identified by the Department

in Section 300.282(j)

or

designated in statute to be inherently necessary to protect the health, safety,

and welfare of a resident.

(Section 1-114.005 of the Act)

Hospitalization

− the care and treatment of a person in a hospital as an inpatient.

Identified Offender

–

a

person who

:

Has been convicted of, found

guilty of, adjudicated delinquent for, found not guilty by reason of insanity

for, or found unfit to stand trial for, any felony offense listed in Section 25

of the Health Care Worker Background Check Act, except for the following: a

felony offense described in Section 10-5 of the Nurse Practice Act; a felony

offense

described in Section 4, 5, 6, 8, or 17.02 of the Illinois Credit

Card and Debit Card Act; a felony offense described in Section 5, 5.1, 5.2, 7,

or 9 of the Cannabis Control Act; a felony offense described in Section 401,

401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois Controlled Substances

Act; and a felony offense described in the Methamphetamine Control and

Community Protection Act

; or

Has been convicted of,

adjudicated delinquent for, found not guilty by reason of insanity for, or

found unfit to stand trial for, any sex offense as defined in subsection (c) of

Section 10 of the Sex Offender Management Board Act

; or

Any other resident as

determined by the Department of State Police

. (Section 1-114.01 of the Act)

Intellectual

Disability – subaverage general intellectual functioning originating during the

developmental period and associated with maladaptive behavior.

Interdisciplinary

Team − a group of persons that represents those professions, disciplines,

or service areas that are relevant to identifying an individual's strengths and

needs, and designs a program to meet those needs.  This team shall include at

least a physician, a social worker and other professionals

originating during the

developmental period and associated with maladaptive behavior.

Interdisciplinary

Team − a group of persons that represents those professions, disciplines,

or service areas that are relevant to identifying an individual's strengths and

needs, and designs a program to meet those needs.  This team shall include at

least a physician, a social worker and other professionals. The

Interdisciplinary Team includes the resident, the resident's guardian, the

resident's primary service providers, including staff most familiar with the

resident; and other appropriate professionals and caregivers as determined by

the resident's needs.  The resident or his or her guardian may also invite

other individuals to meet with the Interdisciplinary Team and participate in

the process of identifying the resident's strengths and needs.

Lead Defendant

Agency – State of Illinois Agency named in each fiscal year's Implementation

Plan as the lead agency for the Williams and Colbert Consent Decrees on behalf

of the Defendants.

For the purposes of this definition, "Implementation

Plan" refers to the plan set forth in the Consent Decree, created and

implemented by the Defendants, with the input of the Monitor and Plaintiffs, to

accomplish the obligations and objectives set forth in the Decree.

Licensed

Nursing Home Administrator − see "Administrator".

Licensed

Practical Nurse − a person with a valid Illinois license to practice as a

practical nurse.

Licensee

− the individual or entity licensed by the Department to operate the

facility.

(Section 1-115 of the Act)

Life Care

Contract − a contract through which a facility agrees to provide

maintenance and care for a resident throughout the remainder of the resident's

life.

Maintenance

− food, shelter, and laundry services.

(Section 1-116 of the Act)

Maladaptive

Behavior − impairment in adaptive behavior as determined by a clinical

psychologist or by a physician

the

facility.

(Section 1-115 of the Act)

Life Care

Contract − a contract through which a facility agrees to provide

maintenance and care for a resident throughout the remainder of the resident's

life.

Maintenance

− food, shelter, and laundry services.

(Section 1-116 of the Act)

Maladaptive

Behavior − impairment in adaptive behavior as determined by a clinical

psychologist or by a physician. Impaired adaptive behavior may be reflected in

delayed maturation, reduced learning ability or inadequate social adjustment.

Medical

Ventilator (or assisted ventilation) – a mechanized device that enables the

delivery or movement of air and oxygen into the lungs of a patient whose

breathing has ceased, is failing, or is inadequate.

Misappropriation

of a Resident's Property −

the deliberate misplacement, exploitation,

or wrongful temporary or permanent use of a resident's belongings or money

without the resident's consent.

(Section 1-116.5 of the Act)

Misappropriation of a resident's property includes failure to return valuables

after a resident's discharge; or failure to refund money after death or

discharge when there is an unused balance in the resident's personal account.

Monitor

− a qualified person placed in a facility by the Department to observe

operations of the facility, assist the facility by advising it on how to comply

with the State regulations, and who reports periodically to the Department on

the operations of the facility.

Neglect

− a facility's failure to provide, or willful withholding of, adequate

medical care, mental health treatment, psychiatric rehabilitation, personal

care, or assistance with activities of daily living that is necessary to avoid

physical harm, mental anguish, or mental illness of a resident

ate regulations, and who reports periodically to the Department on

the operations of the facility.

Neglect

− a facility's failure to provide, or willful withholding of, adequate

medical care, mental health treatment, psychiatric rehabilitation, personal

care, or assistance with activities of daily living that is necessary to avoid

physical harm, mental anguish, or mental illness of a resident.

(Section

1-117 of the Act)  This shall include any allegation in which:

the alleged

failure causing injury or deterioration is ongoing or repetitious; or

a resident

required medical treatment as a result of the alleged failure; or

the failure is

alleged to have caused a noticeable negative impact on a resident's health,

behavior or activities for more than 24 hours.

New Facility

− any facility initially licensed as a health care facility by the

Department, or any facility initially licensed or operated by any other agency

of the State of Illinois, on or after March 1, 1980.  New facilities shall meet

the design and construction standards for new facilities for the level of

long-term care for which the license (new or renewal) is to be granted.

Nurse

− a registered professional nurse or a licensed practical nurse as

defined in the

Nurse Practice Act

.  (Section 1-118 of the Act)

Nursing Care

− a complex of activities that carries out the diagnostic, therapeutic,

and rehabilitative plan as prescribed by the physician; care for the resident's

environment; observing symptoms and reactions and taking necessary measures to

carry out nursing procedures involving understanding of cause and effect to

safeguard life and health.

Nursing Unit

− a physically identifiable designated area of a facility consisting of

all the beds within the designated area, but having no more than 75 beds, none

of which are more than 120 feet from the nurse's station

ment; observing symptoms and reactions and taking necessary measures to

carry out nursing procedures involving understanding of cause and effect to

safeguard life and health.

Nursing Unit

− a physically identifiable designated area of a facility consisting of

all the beds within the designated area, but having no more than 75 beds, none

of which are more than 120 feet from the nurse's station.

Objective

− an expected result or condition that involves a relatively short period

of time to achieve, that is specified in behavioral terms, and that is related

to the achievement of a goal.

Occupational

Therapist, Registered or OTR − a person who is registered as an

occupational therapist under the Illinois Occupational Therapy Practice Act.

Occupational

Therapy Assistant − a person who is registered as a certified

occupational therapy assistant under the Illinois Occupational Therapy Practice

Act.

Operator

− the person responsible for the control, maintenance and governance of

the facility, its personnel and physical plant.

Oversight

− general watchfulness and appropriate reaction to meet the total needs

of the residents, exclusive of nursing or personal care.  Oversight shall

include, but is not limited to, social, recreational and employment

opportunities for residents who, by reason of mental disability, or in the

opinion of a licensed physician, are in need of residential care.

Owner

− the individual, partnership, corporation, association or other person

who owns a facility.  In the event a facility is operated by a person who

leases the physical plant, which is owned by another person, "owner"

means the person who operates the facility, except that if the person who owns

the physical plant is an affiliate of the person who operates the facility and

has significant control over the day-to-day operations of the facility, the

person who owns the physical plant shall incur jointly and severally with the

owner all liabilities imposed on an owner under the Act

by another person, "owner"

means the person who operates the facility, except that if the person who owns

the physical plant is an affiliate of the person who operates the facility and

has significant control over the day-to-day operations of the facility, the

person who owns the physical plant shall incur jointly and severally with the

owner all liabilities imposed on an owner under the Act.

(Section 1-119 of

the Act)

Person −

any individual, partnership, corporation, association, municipality, political

subdivision, trust, estate or other legal entity whatsoever.

Personal

Care − assistance with meals, dressing, movement, bathing

or other

personal needs

or maintenance,

or general supervision and

oversight of the physical and mental well-being of an individual

who

is incapable of maintaining a private, independent residence

or who

is incapable of managing his person,

whether or not a guardian has been

appointed

for

this

individual.

(Section 1-120 of the Act)

Pharmacist,

Licensed − a person who holds a license as a pharmacist under the

Pharmacy Practice Act.

Physical

Restraint − any manual method or physical or mechanical device, material,

or equipment attached or adjacent to a resident's body that the resident

cannot

remove easily and which restricts freedom of movement or normal access to one's

body.

(Section 2-106 of the Act)

Physical

Therapist − a person who is registered as a physical therapist under the

Illinois Physical Therapy Act.

Physical Therapist

Assistant − a person who has graduated from a two-year college level

program approved by the American Physical Therapy Association.

Physician

− any person licensed to practice medicine in all its branches as

provided in the Medical Practice Act of 1987.

Probationary

License − an initial license issued for a period of 120 days during which

time the Department will determine the qualifications of the applicant

rson who has graduated from a two-year college level

program approved by the American Physical Therapy Association.

Physician

− any person licensed to practice medicine in all its branches as

provided in the Medical Practice Act of 1987.

Probationary

License − an initial license issued for a period of 120 days during which

time the Department will determine the qualifications of the applicant.

Provisional Admission Period –

the time between the admission of an identified offender as defined in Section

1-114.01

of the Act and this Section

, and 3 days following the admitting

facility's receipt of an Identified Offender Report and Recommendation in

accordance with Section 2-201.6

of the Act

.

(Section 1-120.3 of the

Act)

Psychiatric

Services Rehabilitation Aide – an individual employed by a long-term care

facility to provide, for mentally ill residents, at a minimum, crisis

intervention, rehabilitation, and assistance with activities of daily living.

(Section 1-120.7 of the Act)

Psychiatrist

− a physician who has had at least three years of formal training or

primary experience in the diagnosis and treatment of mental illness.

Psychologist

− a person who is licensed to practice clinical psychology under the

Clinical Psychologist Licensing Act.

Qualified

Professional − a person who meets the educational, technical and ethical

criteria of a health care profession, as evidenced by eligibility for

membership in an organization established by the profession for the purpose of

recognizing those persons who meet this criteria; and who is licensed,

registered, or certified by the State of Illinois, if required.

Reasonable

Hour

or

Visiting Hours

− any time between the hours of

10 a.m. and 8 p.m. daily.

(Section 1-121 of the Act)

Registered

Professional Nurse − a person with a valid license to practice as a

registered professional nurse under the Nurse Practice Act

of

recognizing those persons who meet this criteria; and who is licensed,

registered, or certified by the State of Illinois, if required.

Reasonable

Hour

or

Visiting Hours

− any time between the hours of

10 a.m. and 8 p.m. daily.

(Section 1-121 of the Act)

Registered

Professional Nurse − a person with a valid license to practice as a

registered professional nurse under the Nurse Practice Act.

Repeat

Violation − for purposes of assessing fines under Section

3-305 of

the Act

, a violation that has been cited during one inspection of the

facility for which

a subsequent inspection indicates that

an accepted

plan of correction was not complied with,

within a period of not more than

12 months from the issuance of the initial violation.

A repeat violation

shall not be a new citation of the same rule, unless the licensee is not

substantially addressing the issue routinely throughout the facility.

(Section 3-305(7) of the Act)

Reputable

Moral Character − having no history of a conviction of the applicant, or

if the applicant is a firm, partnership, or association, of any of its members,

or of a corporation, of any of its officers, or directors, or of the person

designated to manage or supervise the facility, of a felony, or of two or more

misdemeanors involving moral turpitude, as shown by a certified copy of the

record of the court of conviction, or in the case of the conviction of a

misdemeanor by a court not of record, as shown by other evidence; or other

satisfactory evidence that the moral character of the applicant, or manager, or

supervisor of the facility is not reputable.

Resident

− person receiving personal or medical care, including but not limited to

mental health treatment, psychiatric rehabilitation, physical rehabilitation,

and assistance with activities of daily living, from a facility

record, as shown by other evidence; or other

satisfactory evidence that the moral character of the applicant, or manager, or

supervisor of the facility is not reputable.

Resident

− person receiving personal or medical care, including but not limited to

mental health treatment, psychiatric rehabilitation, physical rehabilitation,

and assistance with activities of daily living, from a facility.

(Section

1-122 of the Act)

Resident

Services Director − the full-time administrator, or an individual on the

professional staff in the facility, who is directly responsible for the

coordination and monitoring of the residents' overall plans of care in an

intermediate care facility.

Resident's

Representative − a person other than the owner, or an agent or employee

of a facility not related to the resident, designated in writing by a resident

to be his

or her

representative, or the resident's guardian, or the

parent of a minor resident for whom no guardian has been appointed.

(Section 1-123 of the Act)

Restorative

Services or Restorative Measures − services or measures designed to

assist residents to attain and maintain the highest degree of function of which

they are capable (physical, mental, and social).

Room − a

part of the inside of a facility that is partitioned continuously from floor to

ceiling with openings closed with glass or hinged doors.

Sanitization

− the reduction of pathogenic organisms on a utensil surface to a safe

level, which is accomplished through the use of steam, hot water, or chemicals.

Seclusion

− the retention of a resident alone in a room with a door that the

resident cannot open.

Self

Preservation − the ability to follow directions and recognize impending

danger or emergency situations and react by avoiding or leaving the unsafe

area.

Social Worker

− a person who is a licensed social worker or a licensed clinical social

worker under the Clinical Social Work and Social Work Practice Act

retention of a resident alone in a room with a door that the

resident cannot open.

Self

Preservation − the ability to follow directions and recognize impending

danger or emergency situations and react by avoiding or leaving the unsafe

area.

Social Worker

− a person who is a licensed social worker or a licensed clinical social

worker under the Clinical Social Work and Social Work Practice Act.

State

Authorized Personnel – individuals who have a legal duty to provide specified

services to residents of long-term care facilities, including, but not limited

to, representatives of the Office of the State Long-Term Care Ombudsman

Program, the Office of State Guardian, and community-service providers or third

parties serving as agents of the State for purposes of providing telemedicine,

transitional services to community-based living, in-person assessments and

evaluations, legal services, and other supports related to existing consent

decrees court-mandated actions.

State Fire

Marshal − the Fire Marshal of the Office of the State Fire Marshal,

Division of Fire Prevention.

Sterilization

− the act or process of destroying completely all forms of microbial

life, including viruses.

Stockholder

of a

Corporation

− any person who, directly or indirectly,

beneficially owns, holds or has the power to vote, at least

5%

of any

class of securities issued by the corporation.

(Section 1-125 of the Act)

Story −

when used in this Part, means that portion of a building between the upper

surface of any floor and the upper surface of the floor above except that the

topmost story shall be the portion of a building between the upper surface of

the topmost floor and the upper surface of the roof above

vote, at least

5%

of any

class of securities issued by the corporation.

(Section 1-125 of the Act)

Story −

when used in this Part, means that portion of a building between the upper

surface of any floor and the upper surface of the floor above except that the

topmost story shall be the portion of a building between the upper surface of

the topmost floor and the upper surface of the roof above.

Student

Intern − any person whose total term of employment in any facility during

any 12-month period is equal to or less than 90 continuous days, and whose term

of employment:

is an

academic credit requirement in a high school or undergraduate or graduate

institution; or

immediately

succeeds a full quarter, semester or trimester of academic enrollment in either

a high school or undergraduate or graduate institution, provided that

this

person is registered for another full quarter, semester or trimester of

academic enrollment in either a high school or undergraduate institution which

quarter, semester or trimester will commence immediately following the term of

employment; or

immediately

succeeds graduation from the high school or undergraduate or graduate

institution

.  (Section 1-125.1 of the Act)

Substantial

Compliance − meeting requirements except for variance from the strict and

literal performance that results in unimportant omissions or defects given the

particular circumstances involved.  This definition is limited to the term as

used in Sections 300.140(a)(3) and 300.150(a)(3).

Substantial

Failure − the failure to meet requirements other than a variance from the

strict and literal performance that results in unimportant omissions or defects

given the particular circumstances involved.  This definition is limited to the

term as used in Section 300.165(b)(1).

Supervision

− authoritative guidance by a qualified person for the accomplishment of

a function or activity within his or her sphere of competence

meet requirements other than a variance from the

strict and literal performance that results in unimportant omissions or defects

given the particular circumstances involved.  This definition is limited to the

term as used in Section 300.165(b)(1).

Supervision

− authoritative guidance by a qualified person for the accomplishment of

a function or activity within his or her sphere of competence.

Therapeutic

Recreation Specialist − a person who is certified by the National Council

for Therapeutic Recreation Certification and who meets the minimum standards it

has established for classification as a Therapeutic Recreation Specialist.

Time Out

− removing an individual from a situation that results in undesirable

behavior.  It is a behavior modification procedure that is developed and

implemented under the supervision of a qualified professional.

Title XVIII

− Title XVIII of the federal Social Security Act as now or hereafter

amended.

(Section 1-126 of the Act)

Title XIX

− Title XIX of the federal Social Security Act as now or hereafter

amended.

(Section 1-127 of the Act)

Transfer

− a change in status of a resident's living arrangements from one

facility to another facility.

(Section 1-128 of the Act)

Type AA Violation – a violation

of

the

Act or

this Part

which creates a condition or occurrence

relating to the operation and maintenance of a facility that proximately caused

a resident's death.

(Section 1-128.5 of the Act)

Type A

Violation − a violation of

the

Act or

this Part that

creates a condition or occurrence relating to the operation and maintenance of

a facility that creates a substantial probability that the risk of death or

serious mental or physical harm to a resident will result therefrom or has

resulted in actual physical or mental harm to a resident

a resident's death.

(Section 1-128.5 of the Act)

Type A

Violation − a violation of

the

Act or

this Part that

creates a condition or occurrence relating to the operation and maintenance of

a facility that creates a substantial probability that the risk of death or

serious mental or physical harm to a resident will result therefrom or has

resulted in actual physical or mental harm to a resident.

(Section 1-129

of the Act)

Type B

Violation − a violation of

the

Act or

this Part that

creates a condition or occurrence relating to the operation and maintenance of

a facility that is more likely than not to cause more than minimal physical or

mental harm to a resident.

(Section 1-130 of the Act)

Type C Violation – a violation

of

the

Act or

this Part that

creates a condition or occurrence

relating to the operation and maintenance of a facility that creates a

substantial probability that less than minimal physical or mental harm to a

resident will result therefrom.

(Section 1-132 of the Act)

Unit −

an entire physically identifiable residence area having facilities meeting the

standards applicable to the levels of service to be provided.  Staff and

services for each distinct resident area are established as set forth in the

respective rules governing the approved levels of service.

Universal

Progress Notes − a common record with periodic narrative documentation by

all persons involved in resident care.

Valid License

− a license that is unsuspended, unrevoked and unexpired.