Illinois Compiled Statutes 210 Health Facilities and Regulation: Article III - Licensing, Enforcement, Violations, Penalties And Remedies

Part 1. Licensing

• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-101
  The Department shall establish a comprehensive system of licensure for facilities in accordance with this Act for the purposes of: (1) Protecting the health,...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-101.5
  Illinois Veterans Homes. An Illinois Veterans Home licensed under this Act and operated by the Illinois Department of Veterans' Affairs is exempt from the license...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-102
  No person may establish, operate, maintain, offer or advertise a facility within this State unless and until he obtains a valid license therefor as...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-102.1
  If the Department is denied access to a private home, institution, building, residence or any other place which it reasonably believes is required to...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-102.2
  Supported congregate living arrangement demonstration. The Illinois Department may grant no more than 3 waivers from the requirements of this Act for facilities participating...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-103
  The procedure for obtaining a valid license shall be as follows: (1) Application to operate a facility shall be made to the Department on forms...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-104
  Any city, village or incorporated town may by ordinance provide for the licensing and regulation of a facility or any classification of such facility,...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-105
  Any city, village or incorporated town which has or may have ordinances requiring the licensing and regulation of facilities with at least the minimum...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-106
  (a) Upon receipt of notice and proof from an applicant or licensee that he has received a license or renewal thereof from a city,...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-107
  The Department and the city, village or incorporated town shall have the right at any time to visit and inspect the premises and personnel...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-107.1
  Notwithstanding any other provision of this Act, the Attorney General, the State's Attorneys and various law enforcement agencies of this State and its political...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-108
  The Department shall coordinate the functions within State government affecting facilities licensed under this Act and shall cooperate with other State agencies which establish standards...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-108a
  (Repealed). (Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 91-798, eff. 7-9-00.)
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-109
  Upon receipt and review of an application for a license made under this Article and inspection of the applicant facility under this Article, the Director...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-110
  (a) Any license granted by the Director shall state the maximum bed capacity for which it is granted, the date the license was issued,...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-111
  The issuance or renewal of a license after notice of a violation has been sent shall not constitute a waiver by the Department of...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-112
  (a) Whenever ownership of a facility is transferred from the person named in the license to any other person, the transferee must obtain a new...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-113
  The license granted to the transferee shall be subject to the plan of correction submitted by the previous owner and approved by the Department and...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-114
  The transferor shall remain liable for all penalties assessed against the facility which are imposed for violations occurring prior to transfer of ownership. (Source:...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-115
  License renewal application. At least 120 days but not more than 150 days prior to license expiration, the licensee shall submit an application for renewal...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-116
  If the applicant has not been previously licensed or if the facility is not in operation at the time application is made, the Department...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-117
  An application for a license may be denied for any of the following reasons: (1) Failure to meet any of the minimum standards set forth...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-118
  Immediately upon the denial of any application or reapplication for a license under this Article, the Department shall notify the applicant in writing. Notice...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-119
  (a) The Department, after notice to the applicant or licensee, may suspend, revoke or refuse to renew a license in any case in which the...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-120
  Certification of behavioral management units. (a) No later than January 1, 2011, the Department shall file with the Joint Committee on Administrative Rules, pursuant to...

Part 2. General Provisions

• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-201
  The Department shall not prescribe the course of medical treatment provided to an individual resident by the resident's physician in a facility. (Source: P.A.
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-202
  The Department shall prescribe minimum standards for facilities. These standards shall regulate: (1) Location and construction of the facility, including plumbing, heating, lighting, ventilation, and...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-202.05
  Staffing ratios effective July 1, 2010 and thereafter. (a) For the purpose of computing staff to resident ratios, direct care staff shall include: (1) registered...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-202.1
  The Department shall develop and implement a system of alerting and educating facilities and their personnel as to the existence or possibility of weather...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-202.2
  Rules; residents with mental illness. No later than January 1, 2001, the Department of Public Health shall file with the Joint Committee on Administrative...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-202.2a
  Comprehensive resident care plan. A facility, with the participation of the resident and the resident's guardian or representative, as applicable, must develop and implement a...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-202.2b
  Certification of psychiatric rehabilitation program. (a) No later than January 1, 2011, the Department shall file with the Joint Committee on Administrative Rules, pursuant to...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-202.3
  (Repealed). (Source: P.A. 94-163, eff. 7-11-05. Repealed by P.A. 94-752, eff. 5-10-06.)
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-202.4
  (Repealed). (Source: P.A. 94-163, eff. 7-11-05. Repealed by P.A. 94-752, eff. 5-10-06.)
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-202.5
  Facility plan review; fees. (a) Before commencing construction of a new facility or specified types of alteration or additions to an existing long term care...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-203
  In licensing any facility for persons suffering from emotional or behavioral disorders, the Department shall consult with the Department of Human Services in developing minimum...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-204
  In addition to the authority to prescribe minimum standards, the Department may adopt license classifications of facilities according to the levels of service, and...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-205
  Where licensing responsibilities are performed by a city, village or incorporated town, the municipality shall use the same classifications as the Department; and a...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-206
  The Department shall prescribe a curriculum for training nursing assistants, habilitation aides, and child care aides. (a) No person, except a volunteer who receives no...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-206.01
  Health care worker registry. (a) The Department shall establish and maintain a registry of all individuals who (i) have satisfactorily completed the training required by...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-206.02
  (a) The Department, after notice to the nursing assistant, habilitation aide, home health aide, psychiatric services rehabilitation aide, or child care aide, may denote that...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-206.03
  Resident attendants. (a) As used in this Section, "resident attendant" means an individual who assists residents in a facility with the following activities: (1)...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-206.04
  Certified Nurse Assistant Career Ladders Program. The Department shall convene a task force to determine the feasibility and curriculum for a Certified Nurse Assistant...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-206.05
  Safe resident handling policy. (a) In this Section: "Health care worker" means an individual providing direct resident care services who may be required to lift,...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-206.1
  Whenever ownership of a private facility is transferred to another private owner following a final order for a suspension or revocation of the facility's...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-207
  (a) As a condition of the issuance or renewal of the license of any facility, the applicant shall file a statement of ownership. The...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-208
  (a) Each licensee shall file annually, or more often as the Director shall by rule prescribe, an attested financial statement. The Director may order an...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-209
  Every facility shall conspicuously post for display in an area of its offices accessible to residents, employees, and visitors the following: (1) Its current...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-210
  A facility shall retain the following for public inspection: (1) a complete copy of every inspection report of the facility received from the Department during...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-211
  No State or federal funds which are appropriated by the General Assembly or which pass through the General Revenue Fund or any special fund...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-212
  Inspection. (a) The Department, whenever it deems necessary in accordance with subsection (b), shall inspect, survey and evaluate every facility to determine compliance with applicable...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-213
  The Department shall require periodic reports and shall have access to and may reproduce or photocopy at its cost any books, records, and other...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-214
  Any holder of a license or applicant for a license shall be deemed to have given consent to any authorized officer, employee or agent...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-215
  The Department shall make at least one report on each facility in the State annually, unless the facility has been issued a 2-year license...

Part 3. Violations and Penalties

• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-301
  Determination of violation; notice; review team. (a) If after receiving the report specified in subsection (c) of Section 3-212 the Director or his designee determines...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-302
  Each day the violation exists after the date upon which a notice of violation is served under Section 3-301 shall constitute a separate violation...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-303
  (a) The situation, condition or practice constituting a Type "AA" violation or a Type "A" violation shall be abated or eliminated immediately unless a fixed...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-303.1
  Upon application by a facility, the Director may grant or renew the waiver of the facility's compliance with a rule or standard for a...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-303.2
  (a) If the Department finds a situation, condition or practice which violates this Act or any rule promulgated thereunder which does not constitute a Type...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-304
  (a) The Department shall prepare on a quarterly basis a list containing the names and addresses of all facilities against which the Department during the...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-304.1
  Public computer access to information. (a) The Department must make information regarding nursing homes in the State available to the public in electronic form on...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-304.2
  Designation of distressed facilities. (a) By May 1, 2011, and quarterly thereafter, the Department shall generate and publish quarterly a list of distressed facilities. Criteria...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-305
  The license of a facility which is in violation of this Act or any rule adopted thereunder may be subject to the penalties or fines...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-305.5
  Violation of the Nurse Practice Act. A facility that fails to submit any required report under Section 80-10 of the Nurse Practice Act is subject...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-306
  In determining whether a penalty is to be imposed and in determining the amount of the penalty to be imposed, if any, for a violation,...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-307
  The Director may directly assess penalties provided for under Section 3-305 of this Act. If the Director determines that a penalty should be assessed for...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-308
  In the case of a Type "A" violation, a penalty may be assessed from the date on which the violation is discovered. In the case...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-308.5
  Facilities operated by Department of Veterans' Affairs; penalty offset. (a) In the case of a veterans home, institution, or other place operated by or under...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-309
  A facility may contest an assessment of a penalty by sending a written request to the Department for hearing under Section 3-703. Upon receipt of...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-310
  All penalties shall be paid to the Department within 10 days of receipt of notice of assessment or, if the penalty is contested under Section...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-311
  In addition to the right to assess penalties under this Act, the Director may issue a conditional license under Section 3-305 to any facility...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-312
  Prior to the issuance of a conditional license, the Department shall review and approve a written plan of correction. The Department shall specify the...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-313
  Written notice of the decision to issue a conditional license shall be sent to the applicant or licensee together with the specification of all...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-315
  If the applicant or licensee desires to contest the basis for issuance of a conditional license, or the terms of the plan of correction,...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-316
  A conditional license shall be issued for a period specified by the Department, but in no event for more than one year. The Department...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-318
  (a) No person shall: (1) Intentionally fail to correct or interfere with the correction of a Type "AA", Type "A", or Type "B" violation within...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-320
  All final administrative decisions of the Department under this Act are subject to judicial review under the Administrative Review Law, as now or hereafter...

Part 4. Discharge and Transfer

• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-401
  A facility may involuntarily transfer or discharge a resident only for one or more of the following reasons: (a) for medical reasons; (b) for...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-401.1
  (a) A facility participating in the Medical Assistance Program is prohibited from failing or refusing to retain as a resident any person because he or...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-402
  Involuntary transfer or discharge of a resident from a facility shall be preceded by the discussion required under Section 3-408 and by a minimum written...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-403
  The notice required by Section 3-402 shall be on a form prescribed by the Department and shall contain all of the following: (a) The...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-404
  A request for a hearing made under Section 3-403 shall stay a transfer pending a hearing or appeal of the decision, unless a condition...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-405
  A copy of the notice required by Section 3-402 shall be placed in the resident's clinical record and a copy shall be transmitted to the...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-406
  When the basis for an involuntary transfer or discharge is the result of an action by the Department of Healthcare and Family Services (formerly Department...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-407
  When nonpayment is the basis for involuntary transfer or discharge, the resident shall have the right to redeem up to the date that the...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-408
  The planned involuntary transfer or discharge shall be discussed with the resident, the resident's representative and person or agency responsible for the resident's placement,...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-409
  The facility shall offer the resident counseling services before the transfer or discharge of the resident. (Source: P.A. 81-223.)
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-410
  A resident subject to involuntary transfer or discharge from a facility, the resident's guardian or if the resident is a minor, his parent shall...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-411
  The Department of Public Health, when the basis for involuntary transfer or discharge is other than action by the Department of Healthcare and Family Services...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-412
  The hearing before the Department provided under Section 3-411 shall be conducted as prescribed under Section 3-703. In determining whether a transfer or discharge...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-413
  If the Department determines that a transfer or discharge is authorized under Section 3-401, the resident shall not be required to leave the facility...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-414
  The Department of Healthcare and Family Services shall continue Title XIX Medicaid funding during the appeal, transfer, or discharge period for those residents who are...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-415
  The Department may transfer or discharge any resident from any facility required to be licensed under this Act when any of the following conditions...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-416
  In deciding to transfer or discharge a resident from a facility under Section 3-415, the Department shall consider the likelihood of serious harm which...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-417
  Transfer or discharge; alternative placements. The Department shall offer transfer or discharge and relocation assistance to residents transferred or discharged under Sections 3-401 through 3-415,...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-418
  The Department shall prepare resident transfer or discharge plans to assure safe and orderly removals and protect residents' health, safety, welfare and rights. In...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-419
  The Department may place relocation teams in any facility from which residents are being discharged or transferred for any reason, for the purpose of...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-420
  In any transfer or discharge conducted under Sections 3-415 through 3-418 the Department shall: (a) Provide written notice to the facility prior to the...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-421
  In any transfer or discharge conducted under subsection (e) of Section 3-415, the Department shall notify the facility and any resident to be removed that...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-422
  Within 10 days following transfer or discharge, the facility or any resident transferred or discharged may send a written request to the Department for...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-423
  The administrator of a facility licensed under this Act shall give 60 days notice prior to voluntarily closing a facility or closing any part of...

Part 5. Monitors and Receivership

• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-501
  The Department may place an employee or agent to serve as a monitor in a facility or may petition the circuit court for appointment of...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-502
  In any situation described in Section 3-501, the Department may place a qualified person to act as monitor in the facility. The monitor shall...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-503
  Where a resident, a resident's representative or a resident's next of kin believes that an emergency exists each of them, collectively or separately, may...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-504
  The court shall hold a hearing within 5 days of the filing of the petition. The petition and notice of the hearing shall be served...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-505
  If a petition filed under Section 3-503 alleges that the conditions set out in subsection 3-504 (d) exist within a facility, the court may...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-506
  The court may appoint any qualified person as a receiver, except it shall not appoint any owner or affiliate of the facility which is...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-507
  The receiver shall make provisions for the continued health, safety and welfare of all residents of the facility. (Source: P.A. 81-223.)
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-508
  A receiver appointed under this Act: (a) Shall exercise those powers and shall perform those duties set out by the court. (b) Shall operate the...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-509
  (a) A person who is served with notice of an order of the court appointing a receiver and of the receiver's name and address...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-510
  (a) A receiver may petition the court that he not be required to honor any lease, mortgage, secured transaction or other wholly or partially...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-511
  If funds collected under Sections 3-508 and 3-509 are insufficient to meet the expenses of performing the powers and duties conferred on the receiver or...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-512
  The court shall set the compensation of the receiver, which will be considered a necessary expense of a receivership under Section 3-516. (Source: P.A.
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-513
  (a) In any action or special proceeding brought against a receiver in the receiver's official capacity for acts committed while carrying out powers and...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-514
  Other provisions of this Act notwithstanding, the Department may issue a license to a facility placed in receivership. The duration of a license issued...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-515
  The court may terminate a receivership: (a) If the time period specified in the order appointing the receiver elapses and is not extended; (b)...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-516
  (a) Within 30 days after termination, the receiver shall give the court a complete accounting of all property of which the receiver has taken...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-517
  Nothing in this Act shall be deemed to relieve any owner, administrator or employee of a facility placed in receivership of any civil or...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-518
  Fines. Beginning January 15, 2014, and each January 15 thereafter, the Department shall submit to the General Assembly, the Department's Long-Term Care Facility Advisory Board,...

Part 6. Duties

• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-601
  The owner and licensee are liable to a resident for any intentional or negligent act or omission of their agents or employees which injures...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-602
  The licensee shall pay the actual damages and costs and attorney's fees to a facility resident whose rights, as specified in Part 1 of...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-603
  A resident may maintain an action under this Act for any other type of relief, including injunctive and declaratory relief, permitted by law. (Source:...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-604
  Any damages recoverable under Sections 3-601 through 3-607, including minimum damages as provided by these Sections, may be recovered in any action which a...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-605
  The amount of damages recovered by a resident in an action brought under Sections 3-601 through 3-607 shall be exempt for purposes of determining...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-606
  Any waiver by a resident or his legal representative of the right to commence an action under Sections 3-601 through 3-607, whether oral or...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-607
  Any party to an action brought under Sections 3-601 through 3-607 shall be entitled to a trial by jury and any waiver of the...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-608
  A licensee or its agents or employees shall not transfer, discharge, evict, harass, dismiss, or retaliate against a resident, a resident's representative, or an...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-609
  Any person, institution or agency, under this Act, participating in good faith in the making of a report, or in the investigation of such...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-610
  Duty to report violations. (a) A facility employee or agent who becomes aware of abuse or neglect of a resident prohibited by Section 2-107 shall...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-611
  Employee as perpetrator of abuse. When an investigation of a report of suspected abuse of a recipient indicates, based upon credible evidence, that an...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-612
  Resident as perpetrator of abuse. When an investigation of a report of suspected abuse of a resident indicates, based upon credible evidence, that another...

Part 7. Complaint, Hearing and Appeal

• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-701
  The operation or maintenance of a facility in violation of this Act, or of the rules and regulations promulgated by the Department, is declared...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-702
  (a) A person who believes that this Act or a rule promulgated under this Act may have been violated may request an investigation. The request...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-703
  Any person requesting a hearing pursuant to Sections 2-110, 3-115, 3-118, 3-119, 3-301, 3-303, 3-309, 3-410, 3-422 or 3-702 to contest a decision rendered...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-704
  A request for a hearing by aggrieved persons shall be taken to the Department as follows: (a) Upon the receipt of a request in...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-705
  The Director or hearing officer may compel by subpoena or subpoena duces tecum the attendance and testimony of witnesses and the production of books...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-706
  The Director or hearing officer shall permit any party to appear in person and to be represented by counsel at the hearing, at which...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-707
  The Director or hearing officer shall make findings of fact in such hearing, and the Director shall render his decision within 30 days after...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-708
  The Director or hearing officer shall not be bound by common law or statutory rules of evidence, or by technical or formal rules of...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-709
  All subpoenas issued by the Director or hearing officer may be served as provided for in civil actions. The fees of witnesses for attendance...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-710
  In cases of refusal of a witness to attend or testify or to produce books or papers, concerning any matter upon which he might...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-711
  The Department, at its expense, shall provide a stenographer to take the testimony, or otherwise record the testimony, and preserve a record of all...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-712
  The Department shall not be required to certify any record or file any answer or otherwise appear in any proceeding for judicial review under...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-713
  (a) Final administrative decisions after hearing shall be subject to judicial review exclusively as provided in the Administrative Review Law, as now or hereafter...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-713.5
  Informal dispute resolution. Pursuant to the requirements of subsection (c) of Section 3-212 of this Act, when a facility submits comments to licensure findings, it...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-714
  The remedies provided by this Act are cumulative and shall not be construed as restricting any party from seeking any remedy, provisional or otherwise,...

Part 8. Miscellaneous Provisions

• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-801
  The Department shall have the power to adopt rules and regulations to carry out the purpose of this Act. (Source: P.A. 81-223.)
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-801.1
  Notwithstanding the other provisions of this Act to the contrary, the agency designated by the Governor under Section 1 of "An Act in relation...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-802
  The provisions of "The Illinois Administrative Procedure Act", approved September 22, 1975, as now or hereafter amended, are hereby expressly adopted and shall apply...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-803
  Nothing in this Act or the rules and regulations adopted pursuant thereto shall be construed as authorizing the medical supervision, regulation, or control of...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-804
  The Department shall report to the General Assembly by July 1 of each year upon the performance of its inspection, survey and evaluation duties under...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-805
  (a) The Department shall conduct a pilot project to examine, study and contrast the Joint Commission on the Accreditation of Health Care Organizations ("Commission") accreditation...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-807
  Review of shelter care licensure standards. On or before March 1, 1994, the Department shall submit to the Governor and the General Assembly a...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-808
  Protocol for sexual assault victims; nursing home. The Department shall develop a protocol for the care and treatment of residents who have been sexually assaulted...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-808.5
  Nursing home fraud, abuse, and neglect prevention and reporting. (a) Every licensed long term care facility that receives Medicaid funding shall prominently display in its...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-809
  Rules to implement changes. In developing rules and regulations to implement changes made by this amendatory Act of the 96th General Assembly, the Department shall...
• Illinois Nursing Home Care Act. - 210 ILCS 45, Section 3-810
  Whistleblower protection. (a) In this Section, "retaliatory action" means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms and...

Last modified: February 18, 2015