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

Part 1. Licensing (Source: P. A. 96-339, Eff. 7-1-10.)

• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-101
  Licensure system. The Department shall establish a comprehensive system of licensure for facilities in accordance with this Act for the purposes of: (1) Protecting the...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-102
  Necessity of license. No person may establish, operate, maintain, offer or advertise a facility within this State unless and until he or she obtains a...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-102.1
  Denial of Department access to facility. If the Department is denied access to a facility or any other place which it reasonably believes is required...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-103
  Application for license; financial statement. The procedure for obtaining a valid license shall be as follows: (1) Application to operate a facility shall be made...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-104
  Licensing and regulation by municipality. Any city, village or incorporated town may by ordinance provide for the licensing and regulation of a facility or any...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-105
  Reports by municipality. Any city, village or incorporated town which has or may have ordinances requiring the licensing and regulation of facilities with at least...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-106
  Issuance of license to holder of municipal license. (a) Upon receipt of notice and proof from an applicant or licensee that he has received a...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-107
  Inspection; fees. The Department and the city, village or incorporated town shall have the right at any time to visit and inspect the premises and...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-107.1
  Access by law enforcement officials and agencies. Notwithstanding any other provision of this Act, the Attorney General, the State's Attorneys and various law enforcement agencies...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-108
  Cooperation with State agencies. The Department shall coordinate the functions within State government affecting facilities licensed under this Act and shall cooperate with other State...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-109
  Issuance of license based on Director's findings. Upon receipt and review of an application for a license made under this Article and inspection of the...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-110
  Contents and period of license. (a) Any license granted by the Director shall state the maximum bed capacity for which it is granted, the date...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-111
  Issuance or renewal of license after notice of violation. The issuance or renewal of a license after notice of a violation has been sent shall...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-112
  Transfer of ownership; license. (a) Whenever ownership of a facility is transferred from the person named in the license to any other person, the transferee...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-113
  Transferee; conditional license. The license granted to the transferee shall be subject to the plan of correction submitted by the previous owner and approved by...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-114
  Transferor liable for penalties. The transferor shall remain liable for all penalties assessed against the facility which are imposed for violations occurring prior to transfer...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, 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 Id/dd Community Care Act. - 210 ILCS 47, Section 3-116
  Probationary license. If the applicant has not been previously licensed or if the facility is not in operation at the time application is made, the...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-117
  Denial of license; grounds. An application for a license may be denied for any of the following reasons: (1) Failure to meet any of the...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-118
  Notice of denial; request for hearing. Immediately upon the denial of any application or reapplication for a license under this Article, the Department shall notify...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-119
  Suspension, revocation, or refusal to renew license. (a) The Department, after notice to the applicant or licensee, may suspend, revoke or refuse to renew a...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-119.1
  Ban on new admissions. (a) Upon a finding by the Department that there has been a substantial failure to comply with this Act or the...

Part 2. General Provisions (Source: P. A. 96-339, Eff. 7-1-10.)

• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-201
  Medical treatment; no prescription by Department. The Department shall not prescribe the course of medical treatment provided to an individual resident by the resident's physician...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-202
  Standards for facilities. The Department shall prescribe minimum standards for facilities. These standards shall regulate: (1) Location and construction of the facility, including plumbing, heating,...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-202.1
  Weather or hazard alert system. The Department shall develop and implement a system of alerting and educating facilities and their personnel as to the existence...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-202.2a
  Comprehensive resident care plan. A facility, with the participation of the resident and the resident's guardian or resident's representative, as applicable, must develop and implement...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-202.3
  Identified offenders as residents. No later than 30 days after July 11, 2005 (the effective date of Public Act 94-163), the Department shall file with...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-202.4
  Feasibility of segregating identified offenders. The Department shall determine the feasibility of requiring identified offenders that seek admission to a licensed facility to be segregated...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, 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 Id/dd Community Care Act. - 210 ILCS 47, Section 3-203
  Standards for persons with developmental disability or emotional or behavioral disorder. In licensing any facility for persons with a developmental disability or persons suffering from...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-204
  License classifications. In addition to the authority to prescribe minimum standards, the Department may adopt license classifications of facilities according to the levels of service,...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-205
  Municipalities; license classifications. Where licensing responsibilities are performed by a city, village or incorporated town, the municipality shall use the same classifications as the Department;...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-206
  Curriculum for training nursing assistants and aides. The Department shall prescribe a curriculum for training nursing assistants, habilitation aides, and child care aides. (a) No...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, 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 Id/dd Community Care Act. - 210 ILCS 47, Section 3-206.02
  Designation on registry for offense. (a) The Department, after notice to the nursing assistant, habilitation aide, home health aide, or child care aide, may designate...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, 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) eating...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-206.1
  Transfer of ownership following suspension or revocation; discussion with new owner. Whenever ownership of a private facility is transferred to another private owner following a...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-206.04
  Registry checks for employees. (a) Within 60 days after the effective date of this amendatory Act of the 97th General Assembly, the Department shall require...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-207
  Statement of ownership. (a) As a condition of the issuance or renewal of the license of any facility, the applicant shall file a statement of...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-208
  Annual financial statement. (a) Each licensee shall file annually, or more often as the Director shall by rule prescribe an attested financial statement. The Director...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-209
  Posting of information. Every facility shall conspicuously post for display in an area of its offices accessible to residents, employees, and visitors the following: (1)...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-210
  Materials for public inspection. A facility shall retain the following for public inspection: (1) A complete copy of every inspection report of the facility received...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-211
  No State or federal funds to unlicensed facility. No State or federal funds which are appropriated by the General Assembly or which pass through the...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-212
  Inspection of facility by Department; report. (a) The Department, whenever it deems necessary in accordance with subsection (b), shall inspect, survey and evaluate every facility...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-213
  Periodic reports to Department. The Department shall require periodic reports and shall have access to and may reproduce or photocopy at its cost any books,...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-214
  Consent to Department inspection. Any holder of a license or applicant for a license shall be deemed to have given consent to any authorized officer,...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-215
  Annual report on facility by Department. The Department shall make at least one report on each facility in the State annually, unless the facility has...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-216
  Fire inspections; authority. (a) Per the requirements of Public Act 96-1141, on January 1, 2011 a report titled "Streamlined Auditing and Monitoring for Community Based...

Part 3. Violations and Penalties (Source: P. A. 96-339, Eff. 7-1-10.)

• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-301
  Notice of violation of Act or rules. If after receiving the report specified in subsection (c) of Section 3-212 the Director or his or her...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-302
  Each day a separate violation. Each day the violation exists after the date upon which a notice of violation is served under Section 3-301 shall...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-303
  Correction of violations; hearing. (a) The situation, condition or practice constituting a Type "AA" violation or a Type "A" violation shall be abated or eliminated...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-303.1
  Waiver of facility's compliance with rule or standard. Upon application by a facility, the Director may grant or renew the waiver of the facility's compliance...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-303.2
  Administrative warning. (a) If the Department finds a situation, condition or practice which violates this Act or any rule promulgated thereunder which does not constitute...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-304
  Quarterly list of facilities against which Department has taken action. (a) The Department shall prepare on a quarterly basis a list containing the names and...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, 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 Id/dd Community Care Act. - 210 ILCS 47, Section 3-304.2
  Designation of distressed facilities. (a) The Department shall, by rule, adopt criteria to identify facilities that are distressed and shall publish this list quarterly. No...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-305
  Penalties or fines. The license of a facility which is in violation of this Act or any rule adopted thereunder may be subject to the...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-306
  Factors to be considered in determining penalty. In determining whether a penalty is to be imposed and in determining the amount of the penalty to...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-307
  Assessment of penalties; notice. The Director may directly assess penalties provided for under Section 3-305 of this Act. If the Director determines that a penalty...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-308
  Time of assessment; plan of correction. In the case of a Type "AA" or Type "A" violation, a penalty may be assessed from the date...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-309
  Contesting assessment of penalty. A facility may contest an assessment of a penalty by sending a written request to the Department for hearing under Section...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-310
  Collection of penalties. All penalties shall be paid to the Department within 10 days of receipt of notice of assessment or, if the penalty is...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-311
  Issuance of conditional license in addition to penalties. In addition to the right to assess penalties under this Act, the Director may issue a conditional...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-312
  Plan of correction required before issuance of conditional license. Prior to the issuance of a conditional license, the Department shall review and approve a written...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-313
  Notice of issuance of conditional license. Written notice of the decision to issue a conditional license shall be sent to the applicant or licensee together...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-315
  Hearing on conditional license or plan of correction. If the applicant or licensee desires to contest the basis for issuance of a conditional license, or...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-316
  Period of conditional license. A conditional license shall be issued for a period specified by the Department, but in no event for more than one...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-318
  Business offenses. (a) No person shall: (1) Intentionally fail to correct or interfere with the correction of a Type "AA", Type "A", or Type "B"...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-320
  Review under Administrative Review Law. All final administrative decisions of the Department under this Act are subject to judicial review under the Administrative Review Law,...

Part 4. Discharge and Transfer (Source: P. A. 96-339, Eff. 7-1-10.)

• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-401
  Involuntary transfer or discharge of resident. A facility may involuntarily transfer or discharge a resident only for one or more of the following reasons: (a)...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-401.1
  Medical assistance recipients. (a) A facility participating in the Medical Assistance Program is prohibited from failing or refusing to retain as a resident any person...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-402
  Notice of involuntary transfer or discharge. Involuntary transfer or discharge of a resident from a facility shall be preceded by the discussion required under Section...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-403
  Contents of notice; right to hearing. The notice required by Section 3-402 shall be on a form prescribed by the Department and shall contain all...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-404
  Request for hearing; effect on transfer. A request for a hearing made under Section 3-403 shall stay a transfer pending a hearing or appeal of...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-405
  Copy of notice in resident's record; copy to Department. A copy of the notice required by Section 3-402 shall be placed in the resident's clinical...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-406
  Medical assistance recipient; transfer or discharge as result of action by Department of Healthcare and Family Services. When the basis for an involuntary transfer or...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-407
  Nonpayment as basis for transfer or discharge. When nonpayment is the basis for involuntary transfer or discharge, the resident shall have the right to redeem...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-408
  Discussion of planned transfer or discharge. The planned involuntary transfer or discharge shall be discussed with the resident, the resident's representative and person or agency...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-409
  Counseling services. The facility shall offer the resident counseling services before the transfer or discharge of the resident. (Source: P.A. 96-339, eff. 7-1-10.)
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-410
  Request for hearing on transfer or discharge. A resident subject to involuntary transfer or discharge from a facility, the resident's guardian or if the resident...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-411
  Hearing; time. The Department of Public Health, when the basis for involuntary transfer or discharge is other than action by the Department of Healthcare and...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-412
  Conduct of hearing. The hearing before the Department provided under Section 3-411 shall be conducted as prescribed under Section 3-703. In determining whether a transfer...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-413
  Time for leaving facility. If the Department determines that a transfer or discharge is authorized under Section 3-401, the resident shall not be required to...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-414
  Continuation of medical assistance funding. The Department of Healthcare and Family Services shall continue Title XIX Medicaid funding during the appeal, transfer, or discharge period...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-415
  Transfer or discharge by Department; grounds. The Department may transfer or discharge any resident from any facility required to be licensed under this Act when...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-416
  Transfer or discharge by Department; likelihood of serious harm. In deciding to transfer or discharge a resident from a facility under Section 3-415, the Department...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-417
  Relocation assistance. The Department shall offer transfer or discharge and relocation assistance to residents transferred or discharged under Sections 3-401 through 3-415, including information on...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-418
  Transfer or discharge plans. The Department shall prepare resident transfer or discharge plans to assure safe and orderly removals and protect residents' health, safety, welfare...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-419
  Relocation teams. The Department may place relocation teams in any facility from which residents are being discharged or transferred for any reason, for the purpose...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-420
  Transfer or discharge by Department; notice. In any transfer or discharge conducted under Sections 3-415 through 3-418 the Department shall do the following: (a) Provide...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-421
  Notice of emergency. In any transfer or discharge conducted under subsection (e) of Section 3-415, the Department shall notify the facility and any resident to...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-422
  Hearing to challenge transfer or discharge. Within 10 days following transfer or discharge, the facility or any resident transferred or discharged may send a written...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-423
  Closure of facility; notice. Any owner of a facility licensed under this Act shall give 90 days' notice prior to voluntarily closing a facility or...

Part 5. Monitors and Receivership (Source: P. A. 96-339, Eff. 7-1-10.)

• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-501
  Monitor or receiver for facility; grounds. The Department may place an employee or agent to serve as a monitor in a facility or may petition...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-502
  Placement of monitor by Department. In any situation described in Section 3-501, the Department may place a qualified person to act as monitor in the...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-503
  Emergency; petition for receiver. Where a resident, a resident's representative or a resident's next of kin believes that an emergency exists each of them, collectively...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-504
  Hearing on petition for receiver; grounds for appointment of receiver. The court shall hold a hearing within 5 days of the filing of the petition....
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-505
  Emergency; time for hearing. If a petition filed under Section 3-503 alleges that the conditions set out in subsection 3-504 (d) exist within a facility,...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-506
  Appointment of receiver. The court may appoint any qualified person as a receiver, except it shall not appoint any owner or affiliate of the facility...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-507
  Health, safety, and welfare of residents. The receiver shall make provisions for the continued health, safety and welfare of all residents of the facility. (Source:...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-508
  Receiver's powers and duties. A receiver appointed under this Act: (a) Shall exercise those powers and shall perform those duties set out by the court....
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-509
  Payment for goods or services provided by receiver. (a) A person who is served with notice of an order of the court appointing a receiver...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-510
  Receiver's avoidance of obligations; reasonable rental, price, or rate of interest to be paid by receiver. (a) A receiver may petition the court that he...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-511
  Insufficient funds collected; reimbursement of receiver by Department. If funds collected under Sections 3-508 and 3-509 are insufficient to meet the expenses of performing the...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-512
  Receiver's compensation. The court shall set the compensation of the receiver, which will be considered a necessary expense of a receivership under Section 3-516. (Source:...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-513
  Action against receiver. (a) In any action or special proceeding brought against a receiver in the receiver's official capacity for acts committed while carrying out...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-514
  License to facility in receivership. Other provisions of this Act notwithstanding, the Department may issue a license to a facility placed in receivership. The duration...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-515
  Termination of receivership. The court may terminate a receivership: (a) If the time period specified in the order appointing the receiver elapses and is not...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-516
  Accounting by receiver; Department's lien. (a) Within 30 days after termination, the receiver shall give the court a complete accounting of all property of which...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-517
  Civil and criminal liability during receivership. Nothing in this Act shall be deemed to relieve any owner, administrator or employee of a facility placed in...

Part 6. Duties (Source: P. A. 96-339, Eff. 7-1-10.)

• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-601
  Liability for injury to resident. The owner and licensee are liable to a resident for any intentional or negligent act or omission of their agents...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-602
  Damages for violation of resident's rights. The licensee shall pay the actual damages and costs and attorney's fees to a facility resident whose rights, as...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-603
  Action by resident. A resident may maintain an action under this Act for any other type of relief, including injunctive and declaratory relief, permitted by...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-604
  Class action; remedies cumulative. Any damages recoverable under Sections 3-601 through 3-607, including minimum damages as provided by these Sections, may be recovered in any...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-605
  Amount of damages; no effect on medical assistance eligibility. The amount of damages recovered by a resident in an action brought under Sections 3-601 through...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-606
  Waiver of resident's right to bring action prohibited. Any waiver by a resident or his or her legal representative of the right to commence an...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-607
  Trial by jury. Any party to an action brought under Sections 3-601 through 3-607 shall be entitled to a trial by jury and any waiver...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-608
  Retaliation against resident prohibited. A licensee or its agents or employees shall not transfer, discharge, evict, harass, dismiss, or retaliate against a resident, a resident's...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-609
  Immunity from liability for making report. Any person, institution or agency, under this Act, participating in good faith in the making of a report, or...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, 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 Id/dd Community Care Act. - 210 ILCS 47, 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 employee...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, 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 resident...

Part 7. Complaint, Hearing, and Appeal (Source: P. A. 96-339, Eff. 7-1-10.)

• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-701
  Public nuisance; action for injunction. The operation or maintenance of a facility in violation of this Act, or of the rules and regulations promulgated by...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-702
  Request for investigation of violation. (a) A person who believes that this Act or a rule promulgated under this Act may have been violated may...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-703
  Hearing to contest decision; applicable provisions. Any person requesting a hearing pursuant to Sections 2-110, 3-115, 3-118, 3-119, 3-119.1, 3-301, 3-303, 3-309, 3-410, 3-422 or...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-704
  Hearing; notice; commencement. A request for a hearing by aggrieved persons shall be taken to the Department as follows: (a) Upon the receipt of a...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-705
  Subpoenas. 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 Id/dd Community Care Act. - 210 ILCS 47, Section 3-706
  Appearance at hearing; depositions; record. The Director or hearing officer shall permit any party to appear in person and to be represented by counsel at...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-707
  Findings of fact; decision. The Director or hearing officer shall make findings of fact in such hearing, and the Director shall render his or her...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-708
  Rules of evidence and procedure. The Director or hearing officer shall not be bound by common law or statutory rules of evidence, or by technical...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-709
  Service of subpoenas; witness fees. All subpoenas issued by the Director or hearing officer may be served as provided for in civil actions. The fees...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-710
  Compelling obedience to subpoena. In cases of refusal of a witness to attend or testify or to produce books or papers, concerning any matter upon...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-711
  Record of hearing; transcript. The Department, at its expense, shall provide a stenographer to take the testimony, or otherwise record the testimony, and preserve a...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-712
  Certification of record; fee. The Department shall not be required to certify any record or file any answer or otherwise appear in any proceeding for...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-713
  Judicial review; stay of enforcement of Department's decision. (a) Final administrative decisions after hearing shall be subject to judicial review exclusively as provided in the...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-714
  Remedies cumulative. The remedies provided by this Act are cumulative and shall not be construed as restricting any party from seeking any remedy, provisional or...

Part 8. Miscellaneous Provisions (Source: P. A. 96-339, Eff. 7-1-10.)

• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-801
  Rules and regulations. The Department shall have the power to adopt rules and regulations to carry out the purpose of this Act. (Source: P.A. 96-339,...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-801.1
  Access to records of resident with developmental disabilities. Notwithstanding the other provisions of this Act to the contrary, the agency designated by the Governor under...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-801.05
  Rules adopted under prior law. The Department shall adopt rules to implement the changes concerning licensure of facilities under this Act instead of under the...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-802
  Illinois Administrative Procedure Act. The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and procedures...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-803
  Treatment by prayer or spiritual means. Nothing in this Act or the rules and regulations adopted pursuant thereto shall be construed as authorizing the medical...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-804
  Report to General Assembly. The Department shall report to the General Assembly by April 1 of each year upon the performance of its inspection, survey...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-808
  Protocol for sexual assault victims; MR/DD facility. The Department shall develop a protocol for the care and treatment of residents who have been sexually assaulted...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-808.5
  Facility fraud, abuse, or neglect prevention and reporting. (a) A facility licensed to provide care to 17 or more residents that receives Medicaid funding shall...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, Section 3-809
  Rules to implement changes. In developing rules and regulations to implement changes made by this amendatory Act of the 97th General Assembly, the Department shall...
• Illinois Id/dd Community Care Act. - 210 ILCS 47, 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