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(210 ILCS 45/Art.
I heading)
ARTICLE I
SHORT TITLE AND DEFINITIONS
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(210 ILCS 45/1-101) (from Ch. 111 1/2, par. 4151-101)
Sec. 1-101. This Act
shall be known and may be cited as the Nursing Home
Care Act.
(Source: P.A. 85-1378.)
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(210 ILCS 45/1-102) (from Ch. 111 1/2, par. 4151-102)
Sec. 1-102. For the
purposes of this Act, unless the context otherwise
requires, the terms defined in this Article have the
meanings ascribed to them herein.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-103) (from Ch. 111 1/2, par. 4151-103)
Sec. 1-103. "Abuse" means
any physical or mental injury or sexual assault inflicted
on a resident other than by accidental means in a facility.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-104) (from Ch. 111 1/2, par. 4151-104)
Sec. 1-104. "Access" means
the right to:
(1) Enter any facility;
(2) Communicate privately
and without restriction with any resident who consents
to the communication;
(3) Seek consent to communicate
privately and without restriction with any resident;
(4) Inspect the clinical
and other records of a resident with the express written consent
of the resident;
(5) Observe all areas of
the facility except the living area of any resident who protests
the observation.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-105) (from Ch. 111 1/2, par. 4151-105)
Sec. 1-105. "Administrator" means
a person who is charged with the general administration
and supervision of a facility and licensed, if required,
under the "Nursing Home Administrators Licensing
Act", as now or hereafter amended.
(Source: P.A. 81-1349.)
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(210 ILCS 45/1-106) (from Ch. 111 1/2, par. 4151-106)
Sec. 1-106. "Affiliate" means:
(1) With respect to a partnership,
each partner thereof.
(2) With respect to a corporation,
each officer, director and stockholder thereof.
(3) 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.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-107) (from Ch. 111 1/2, par. 4151-107)
Sec. 1-107. "Applicant" means
any person making application for a license.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-108.1) (from Ch. 111 1/2, par. 4151-108.1)
Sec. 1-108.1. "Complaint
classification" means the Department shall categorize
reports about conditions, care or services in a facility
into one of three groups after an investigation:
(1) "An invalid report" means
any report made under this Act for which it is determined after
an investigation that no credible evidence of abuse, neglect or
other deficiency relating to the complaint exists;
(2) "A valid report" means
a report made under this Act if an investigation determines that
some credible evidence of the alleged abuse, neglect or other deficiency
relating to the complaint exists; and
(3) "An undetermined
report" means a report made under this Act in which it was
not possible to initiate or complete an investigation on the basis
of information provided to the Department.
(Source: P.A. 84-798.)
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(210 ILCS 45/1-109) (from Ch. 111 1/2, par. 4151-109)
Sec. 1-109. "Department" means
the Department of Public Health.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-110) (from Ch. 111 1/2, par. 4151-110)
Sec. 1-110. "Director" means
the Director of Public Health or his designee.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-111) (from Ch. 111 1/2, par. 4151-111)
Sec. 1-111. "Discharge" means
the full release of any resident from a facility.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-112) (from Ch. 111 1/2, par. 4151-112)
Sec. 1-112. "Emergency" means
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.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
Sec. 1-113. "Facility" or "long-term
care facility" means 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 3 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. It also includes
homes, institutions, or other places operated by or
under the authority of the Illinois Department of Veterans'
Affairs.
"Facility" does
not include the following:
(1)
A home, institution, or other place operated by
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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;
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(2)
A hospital, sanitarium, or other institution
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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;
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(3)
Any "facility for child care" as defined
in the
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(4)
Any "Community Living Facility" as defined
in the
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Community Living Facilities Licensing
Act;
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(5)
Any "community residential alternative" as
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defined in the Community Residential
Alternatives Licensing Act;
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(6)
Any nursing home or sanatorium operated solely by
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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, such nursing home or sanatorium shall
comply with all local laws and rules relating
to sanitation and safety;
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(7)
Any facility licensed by the Department of Human
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Services as a community-integrated
living arrangement as defined in the Community-Integrated
Living Arrangements Licensure and Certification
Act;
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(8)
Any "Supportive Residence" licensed under
the
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Supportive Residences Licensing Act;
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(9)
Any "supportive living facility" in good
standing
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with the program established under
Section 5-5.01a of the Illinois Public
Aid Code;
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(10)
Any assisted living or shared housing
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establishment licensed under the Assisted
Living and Shared Housing Act; or
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(11)
An Alzheimer's disease management center
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alternative health care model licensed
under the Alternative Health Care Delivery
Act.
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(Source: P.A. 94-342, eff. 7-26-05.)
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(210 ILCS 45/1-114) (from Ch. 111 1/2, par. 4151-114)
Sec. 1-114. "Guardian" means
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", as now or hereafter amended.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-114.01)
Sec. 1-114.01. Identified
offender. "Identified offender" means a person
who has been convicted of any felony offense listed
in Section 25 of the Health Care Worker Background
Check Act, is a registered sex offender, or is serving
a term of parole, mandatory supervised release, or
probation for a felony offense.
(Source: P.A. 94-163, eff. 7-11-05.)
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(210 ILCS 45/1-114.1) (from Ch. 111 1/2, par. 4151-114.1)
Sec. 1-114.1. "Immediate
family" means the spouse, an adult child, a parent,
an adult brother or sister, or an adult grandchild
of a person.
(Source: P.A. 81-1349.)
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(210 ILCS 45/1-115) (from Ch. 111 1/2, par. 4151-115)
Sec. 1-115. "Licensee" means
the individual or entity licensed by the Department
to operate the facility.
(Source: P.A. 83-1530.)
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(210 ILCS 45/1-116) (from Ch. 111 1/2, par. 4151-116)
Sec. 1-116. "Maintenance" means
food, shelter and laundry services.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-116.5)
Sec. 1-116.5. "Misappropriation
of a resident's property" means the deliberate
misplacement, exploitation, or wrongful temporary or
permanent use of a resident's belongings or money without
the resident's consent.
(Source: P.A. 94-26, eff. 1-1-06.)
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(210 ILCS 45/1-117) (from Ch. 111 1/2, par. 4151-117)
Sec. 1-117. "Neglect" means
a failure in a facility to provide adequate medical
or personal care or maintenance, which failure results
in physical or mental injury to a resident or in the
deterioration of a resident's physical or mental condition.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-118) (from Ch. 111 1/2, par. 4151-118)
Sec. 1-118. "Nurse" means
a registered nurse or a licensed practical nurse as
defined in the Nursing and Advanced Practice Nursing
Act.
(Source: P.A. 90-742, eff. 8-13-98.)
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(210 ILCS 45/1-119) (from Ch. 111 1/2, par. 4151-119)
Sec. 1-119. "Owner" means
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 this Act.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-120) (from Ch. 111 1/2, par. 4151-120)
Sec. 1-120. "Personal
care" means 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 such individual.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-121) (from Ch. 111 1/2, par. 4151-121)
Sec. 1-121. "Reasonable
hour" means any time between the hours of 10 a.m. and 8 p.m. daily.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-122) (from Ch. 111 1/2, par. 4151-122)
Sec. 1-122. "Resident" means
a person residing in and receiving personal care from
a facility.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-123) (from Ch. 111 1/2, par. 4151-123)
Sec. 1-123. "Resident's
representative" means 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 representative, or the resident's guardian,
or the parent of a minor resident for whom no guardian
has been appointed.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-124) (from Ch. 111 1/2, par. 4151-124)
Sec. 1-124. "Sheltered
care" means maintenance and personal care.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-125) (from Ch. 111 1/2, par. 4151-125)
Sec. 1-125. "Stockholder" of
a corporation means 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.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-125.1) (from Ch. 111 1/2, par. 4151-125.1)
Sec. 1-125.1. "Student
intern" means 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 either,
(1) an academic credit requirement
in a high school or undergraduate institution, or
(2) immediately succeeds
a full quarter, semester or trimester of academic enrollment in
either a high school or undergraduate institution, provided that
such 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.
(Source: P.A. 82-184.)
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(210 ILCS 45/1-126) (from Ch. 111 1/2, par. 4151-126)
Sec. 1-126. "Title
XVIII" means Title XVIII of the Federal Social
Security Act as now or hereafter amended.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-127) (from Ch. 111 1/2, par. 4151-127)
Sec. 1-127. "Title
XIX" means Title XIX of the Federal Social Security
Act as now or hereafter amended.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-128) (from Ch. 111 1/2, par. 4151-128)
Sec. 1-128. "Transfer" means
a change in status of a resident's living arrangements
from one facility to another facility.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-129) (from Ch. 111 1/2, par. 4151-129)
Sec. 1-129. A "Type
'A' violation" means a violation of this Act or
of the rules promulgated thereunder which creates a
condition or occurrence relating to the operation and
maintenance of a facility presenting a substantial
probability that death or serious mental or physical
harm to a resident will result therefrom.
(Source: P.A. 81-223.)
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(210 ILCS 45/1-130) (from Ch. 111 1/2, par. 4151-130)
Sec. 1-130. A "Type
'B' violation" means a violation of this Act or
of the rules promulgated thereunder which creates a
condition or occurrence relating to the operation and
maintenance of a facility directly threatening to the
health, safety or welfare of a resident.
(Source: P.A. 81-223.)
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