Section 390.110 General Requirements

Section 390

Section 390.110  General

Requirements

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

distinct parts of facilities that are licensed and classified to provide

nursing care to persons pursuant to the terms and conditions of the MC/DD 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 shall

be issued for a period of

not less than 6 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 2-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 a level of service classification sought for that distinct part.  The

facility shall comply with additional physical plant standards pursuant to local

or regional codes that are necessary, in any distinct part, to protect the

health, welfare, and safety of residents as required by the highest level of

care offered by the facility.  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

ry, in any distinct part, to protect the

health, welfare, and safety of residents as required by the highest level of

care offered by the facility.  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.

(See 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 390.120(c)

as to

submission of false or misleading information in a license application.

(Section

3-318(b) of the Act)

g)         A facility shall not use in its title or description

"Hospital," "Sanitarium," "Sanatorium," 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 facility may use in its title or

advertisement the words or description:  "Nursing Home,"

"Intermediate Care," or "Skilled Nursing Facility".

h)

Any person establishing, constructing, or modifying a health

care facility or portion thereof 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

ting, or modifying a health

care facility or portion thereof 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)

Any owner of a facility licensed under

this

Act

and this Part

shall give 90 days' notice prior to voluntarily closing a

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

facility if closing such part will require the transfer or discharge of more

than 10% of the residents. Such notice shall be given to the Department, to any

resident who must be transferred or discharged, to the resident's

representative, and to a member of the resident's family, where practicable.

Notice shall state the proposed date of closing and the reason for closing.

The facility shall offer to assist the resident in securing an alternative

placement and shall advise the resident on available alternatives.  Where 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.

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 under Section 3-419

of the Act and Section 390.3300

.

(Section 3-423 of the Act)

j)          The facility

may not refer a

resident

or the family

of a

resident

to

a

home health agency, home services agency,

or home nursing agency

unless the agency is licensed under the

Home

Health, Home Services, and Home Nursing Agency Licensing Act

tment may place a relocation team in the facility as

provided under Section 3-419

of the Act and Section 390.3300

.

(Section 3-423 of the Act)

j)          The facility

may not refer a

resident

or the family

of a

resident

to

a

home health agency, home services agency,

or home nursing agency

unless the agency is licensed under the

Home

Health, Home Services, and Home Nursing Agency Licensing Act.  If the status of

an agency's license is unknown, the facility shall request a copy of the agency's

license prior to making a referral to that agency.  (Section 3.8 of the Home

Health, Home Services, and Home Nursing Agency Licensing Act)

k)         Each facility shall notify the Department electronically 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 have a facility-specific email address

and shall provide that email address to the Department. The facility shall not

change the email address without prior notice to the Department.